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Council 06/12/2006
t .. AGENDA RENTON CITY COUNCIL *REVISED* L REGULAR MEETING June 12, 2006 Monday, 7:00 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION: Farmers Market Kick-Off 4. ADMINISTRATIVE REPORT 5. 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 address for the record, SPELLING YOUR LAST NAME. 6. CONSENT AGENDA The following items are distributed to Councilinembers 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 6/5/2006. Council concur. b. Mayor Keolker appoints the following individuals to the Airport Advisory Committee to fill vacant three-year terms: South Renton Neighborhood alternate representative Robert Bonner, 91 Williams Ave. S.,Renton,98055 (term to expire 5/7/2008); and Airport Leaseholder primary representative Michael O'Leary, 22823 NE 54th St.,Redmond, 98053 (term to expire 5/7/2007). Refer to Community Services Committee. c. City Clerk reports bid opening on 6/2/2006 for CAG-06-090, Liberty Park Community Building Roof Replacement; two bids; engineer's estimate $50,000; and submits staff recommendation to award the contract to low bidder, Mike's Roofing, Inc., in the amount of$47,980.80. Council concur. d. City Clerk reports bid opening on 4/11/2006 for CAG-06-025,Airport Airside/Landside Separation Improvement Project Phase 2 (Security Gate Replacement); one bid; engineer's estimate $186,195.92; and submits staff recommendation to award the contract to bidder, C.A. Carey Corporation, in the amount of$478,186.88. Approval is also sought to accept a Federal Aviation Administration grant in the amount of$150,000, which is to be used for this project. Refer to Transportation(Aviation) Committee. e. City Clerk reports appeal of Hearing Examiner's decision on the Rainier Mixed Use South Parking Lot project(V-05-133 & SA-04-093); appeal filed on 5/8/2006 by Baylis Architects, 10801 Main St., Bellevue, 98004, representing JDA Group, LLC, accompanied by required fee. Refer to Planning and Development Committee. Consideration of the appeal by the City Council shall be based solely upon the record,the Hearing Examiner's report, the notice of appeal and additional submissions by parties (RMC 4-8-110F.6.). f. City Clerk reports bid opening to occur on 6/12/2006 for CAG-06-068, South Lake Washington Roadway Improvements. Refer to Committee of the Whole. g. Community Services Department recommends approval of the following: an etched stainless steel mural as a 1% for Arts project at the Henry Moses Aquatic Center,the use of$10,887 in Fund 125 reserves for the project,the total project budget of$23,261.08, and a contract with Doug Kyes in the amount of$1,500 for final design drawings and installation supervision. Refer to Community Services Committee. (CONTINUED ON REVERSE SIDE) h. Development Services Division recommends acceptance of a deed of dedication for additional right-of-way at NE 18th Circle to fulfill a requirement of the Baxter Meadows II Short Plat ( HP-05-075). Council concur. 1. Fmannonn4 Information Services Department recommends approval of an interlocal agreement with Valley cities for a technology grant to enable the cities to work together on public safety needs utilizing fiber and wireless media for communication. Council concur. (See 9. for resolution.) j. Human Resources and Risk Management Department recommends confirmation of the appointment of David Daniels as the new Fire Chief at pay grade m49, Step E, effective 7/7/2006. Council concur. k. Human Resources and Risk Management Department recommends approval of the 2006 Group Health Cooperative medical coverage contracts for LFOFF I Employees, LEOFF I Retirees, and all other active employees. Refer to Finance Committee. 1. Transportation Systems Division recommends approval of a contract with Parametrix, Inc. in the amount of$139,500 for the Airport Maintenance Dredging and Shoreline Mitigation Project Phase 1. Refer to Transportation(Aviation)Committee. m. Transportation Systems Division recommends approval of an agreement with Washington State Department of Transportation for a$500,000 grant for the Lake Washington Trail South Lake Connector Project. Refer to Community Services Committee. n. Utility Systems Division recommends approval of the Springbrook Creek Wetland and Habitat Mitigation Bank Instrument agreement with Washington State Department of Transportation in the estimated amount of$450,000 over the initial ten years after construction. Refer to Utilities Committee. 7. CORRESPONDENCE *(item a. removed)* Letter from Peter L. Buck,Buck&Gordon LLP, 2025 1st Ave., Suite 500, Seattle, 98121, expressing concerns regarding the City investment of public funds in infrastructure for The Landing project. 8. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk(*)may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Finance Committee: Vouchers;Position Reclassifications; Engenio Information Technologies. Lease Amendment for 3rd Floor of 200 Mill Building;Annexation Community Outreach b. Planning&Development Committee: Chateau de Ville Multi-Family Housing Property Tax Exemption Agreement 9. RESOLUTIONS AND ORDINANCES Resolution: Interlocal agreement with Valley cities re: technology grant(see 6.i.) Ordinance for first reading: Establishing a utility tax relief program(Council approved 6/5/2006) Ordinance for second and final reading: 2006 Budget amendments for new programs and projects(1st reading 6/5/2006) 10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT 12. ADJOURNMENT • (CONTINUED ON NEXT PAGE) COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Chambers 6 p.m. Harvest Partners Infrastructure Agreement Update; Construction Bids on South Lake Washington Roadway Improvements Project Briefing • 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 11:00 AM&9:00 PM,WED.&FRI.AT 9:00 AM&7:00 PM AND SAT.&SUN.AT 1:00 PM&9:00 PM RENTON CITY COUNCIL Regular Meeting June 12,2006 Council Chambers Monday, 7 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF RANDY CORMAN, Council President; DON PERSSON; MARCIE PALMER; COUNCILMEMBERS TERRI BRIERE; DENIS LAW; DAN CLAWSON; TONI NELSON. CITY STAFF IN KATHY KEOLKER, Mayor; JAY COVINGTON, Chief Administrative ATTENDANCE Officer; LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; TERRY HIGASHIYAMA, Community Services Administrator; ELIZABETH P. STEWART, Museum Supervisor; ALEX PIETSCH, Economic Development Administrator; BEN WOLTERS, Economic Development Director; LINDA HERZOG, Interim Assistant to CAO; COMMANDER CHARLES MARSALISI, Police Department. SPECIAL PRESENTATION Tracy Bier,part-time manager of the Renton Farmers Market,reported that the Community Event: Farmers market opened last Tuesday, and runs every Tuesday, from 3 to 7 p.m.,through Market Kick-Off September 19. She indicated that the market's primary mission is to offer fresh, healthy food raised by Washington growers. Mr. Bier explained that many factors contribute to the market's uniqueness, including the downtown Piazza Park location; the shoppers, vendors, and volunteers; the live music and dance; and the local culinary expert demonstrations. In conclusion, she stated that the market is the result of the cumulative effort of community groups working in close communication and cooperation with the City of Renton and the Greater Renton Chamber of Commerce. ADMINISTRATIVE Chief Administrative Officer Jay Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2006 and beyond. Items noted included: * Dogs of all sizes will be flying high at the Alpo Canine Frisbee Championships on June 17 at Cedar River Park. • Spring softball leagues are currently underway in Renton,with 98 teams participating. Community Services: Mr. Covington introduced Elizabeth P. Stewart, the new Renton History Museum, New Supervisor Museum Supervisor. He reviewed her qualifications, noting that her last (Elizabeth P Stewart) position was as Research Historian for the state-operated Banneker-Douglass Museum in Maryland. Ms. Stewart stated that the City of Renton and the Renton Historical Society has created a great museum through their partnership, and she is pleased to be a part of that effort. AUDIENCE COMMENT Peter L. Buck, 2025 1st Ave., Suite 500, Seattle, 98121, indicated that he is an Citizen Comment: Buck-The attorney on behalf of the Alliance for the South End, a Washington non-profit Landing Project, Expenditure corporation with citizens in the City of Renton. He spoke on the topic of the of Public Funds disclosure of City documents relating to the The Landing project,expressing concern regarding the alleged hiding, delay, and possible proprietary status of the documents he has requested pertaining to the potential $18.5 million expenditure of City funds for infrastructure improvements. Additionally,Mr. June 12, 2006 Renton City Council Minutes Page 197 Buck stated that the City documents he has obtained reference a structured parking facility as part of The Landing project, and he questioned whether the developer or the City is going to pay for that facility. Citizen Comment: Petersen - Inez Somerville Petersen, Secretary of the Highlands Community Association, Mayor's 2006 State of the City PO Box 1295, Renton, 98057, expressed concerns stemming from statements in Address, Highlands Area the Mayor's 2006 State of the City address pertaining to the Highlands neighborhood. She questioned the location of the duplexes with cinder block foundations, the condition of the City-maintained alleys and sidewalks, the amount of rent charged by absentee landlords, the accuracy of the crime statistics, and the way land areas will be assembled for new housing projects. Citizen Comment: Taylor - Bill Taylor, Greater Renton Chamber of Commerce President/CEO, 300 The Landing Project Rainier Ave. N., Renton, 98055, indicated that some of the appeals filed regarding The Landing project appear to lead back to a company called Westfield, a conglomerate that owns shopping centers. He noted that one appellant, the non-profit Alliance for the South End, was incorporated the same day the appeal was filed. Mr. Taylor stated that he conducted research on Westfield, and cited examples that seem to reveal a pattern the company follows as to how it contends with competing shopping centers, which includes legal actions and the alleged formation of community action groups. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL ALLOW THE SPEAKER ADDITIONAL TIME. CARRIED. Continuing, Mr. Taylor pointed out that The Landing project may be facing similar competitive tactics from Westfield. Emphasizing that the project is a critical element in the City's economic development vision and has strong community support, he encouraged the City to continue to move ahead with the project. Citizen Comment: Maxwell - Marcie Maxwell, PO Box 2048, Renton, 98056, commented on The Landing The Landing Project project on behalf of the Kennydale Neighborhood Association. She stated that the association is eager to have the convenience of new shopping, dining, and entertainment options within a short distance from the neighborhood. Ms. Maxwell pointed out that the growing area population will support these options. Commending the efforts of the City's business and government leaders to nurture local shopping,dining, and entertainment choices for Renton, she noted that this project will increase the commercial tax base, which in turn, helps with the residential tax rates. Ms. Maxwell indicated that the association urges the City to commit to the necessary infrastructure improvements for The Landing project. Citizen Comment: McOmber- Howard McOmber,475 Olympia Ave. NE, Renton, 98056, reported that six Highlands Area houses in the Highlands area have recently been painted, and efforts are being Redevelopment made to improve the appearance of the area. He indicated that many residents want zoning improvements, and want to be able to sell their property for development purposes. Mr. McOmber said people should be able to do what they want with their property, and he stressed the importance of property rights and freedoms. He expressed his objection to the taking of property by eminent domain to give to another party for profit. Citizen Comment: McCammon David McCammon, 17221 125th Ave. SE, Renton, 98058, stated that he is a -Benson Hill Communities member of the recently formed citizens group known as the Benson Hill Progress Group Communities Progress Group(BHCPG). He explained that the group is working on the future annexation to the City of Renton of the Benson Hill June 12,2006 Renton City Council Minutes Page 198 Communities area, which is located between the City and the proposed City of Fairwood, north of the City of Kent's Potential Annexation Area. Mr. McCammon indicated that any assistance from the City towards this effort is appreciated,and he asked that the name Benson Hill Communities be used when referring to this area. Citizen Comment: Larson- Sue Larson-Kinzer, 1733 NE 20th St., Renton, 98056, stated her need to speak Kinzer-Comprehensive Plan at this forum in order to correct the vast amount of misinformation that is Amendment,Kennydale circulating since she filed for a zoning change (to Residential Single Family Blueberry Farm with R-8 zoning) for her property, which is known as the Kennydale Blueberry Farm. She explained that the definition of Resource Conservation(RC)zoning, which her property is zoned,has changed since it was created in 1992. The original regulations assured that the use of land within and adjacent to RC- zoned property was not to interfere with the production of food and agricultural products. Ms. Larson-Kinzer pointed out, however, that adjacent property development and neglect of the adjacent greenbelt has negatively affected her farm resulting in such low production that she doubts she'll be able to open her U-pick farm this year. She stated that those who are upset about the demise of the farm would be surprised to learn of the some of the allowed uses in the RC zone such as recycling centers and veterinary clinics with kennels. MOVED BY LAW, SECONDED BY CORMAN, COUNCIL ALLOW THE SPEAKER ADDITIONAL TIME. CARRIED. Ms. Larson-Kinzer stated that farms do not survive in densely populated areas due to factors such as high taxes and environmental issues. Stressing that things change, she noted that the Growth Management Act and the Comprehensive Plan now exist. Ms. Larson-Kinzer expressed sadness about her dying farm, as she has farmed her property for 22 years. In conclusion, she indicated that she purchased five rural acres elsewhere and wants to move on. Citizen Comment: Johnson- Arland"Buzz" Johnson, 334 Wells Ave. S.,#306, Renton, 98055, stated that he I-405 Noise, Construction of lives at Spencer Court Apartments, which is located below(to the west of) I- Sound Barrier 405. He noted the need for construction of a sound wall, spanning from the apartment building to the Highlands-area bridge, to block traffic noise when I- 405 is widened. Mr. Johnson indicated that he has also expressed his traffic noise concerns to state and federal officials. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of 6/5/2006. Council concur. 6/5/2006 Appointment: Airport Mayor Keolker appointed the following individuals to the Airport Advisory Advisory Committee Committee to fill vacant three-year terms: South Renton neighborhood alternate representative Robert Bonner, 91 Williams Ave. S., Renton, 98055 (term to expire 5/7/2008); and Airport Leaseholders primary representative Michael O'Leary, 22823 NE 54th St., Redmond, 98053 (term to expire 5/7/2007). Refer to Community Services Committee. CAG: 06-090, Liberty Park City Clerk reported bid opening on 6/2/2006 for CAG-06-090, Liberty Park Community Building Roof Community Building Roof Replacement; two bids; engineer's estimate $50,000; Replacement, Mike's Roofing and submitted staff recommendation to award the contract to the low bidder, Mike's Roofing, Inc., in the amount of$47,980.80. Council concur. June 12,2006 Renton City Council Minutes Page 199 CAG: 06-025, Airport Security City Clerk reported bid opening on 4/11/2006 for CAG-06-025,Airport Gate Replacement, CA Carey Airside/Landside Separation Improvement Project Phase 2(Security Gate Corporation, FAA Grant Replacement); one bid; engineer's estimate $186,195.92; and submitted staff recommendation to award the contract to bidder, C.A. Carey Corporation, in the amount of$478,186.88. Approval was also sought to accept a Federal Aviation Administration grant in the amount of$150,000 for this project. Refer to Transportation(Aviation)Committee. Appeal: Rainier Mixed Use City Clerk reported appeal of Hearing Examiner's decision on the Rainier South Parking Lot,JDA Mixed Use South Parking Lot project; appeal filed by Baylis Architects, 10801 Group, V-05-133 & SA-04- Main St., Bellevue, 98004, representing JDA Group, LLC, accompanied by 093 required fee. Refer to Planning and Development Committee. CAG: 06-068, South Lake WA City Clerk reported bid opening to occur 6/12/2006 for CAG-06-068, South Roadway Improvements Lake Washington Roadway Improvements. Refer to Committee of the Whole. Community Services:Henry Community Services Department recommended approval of the following: an Moses Aquatic Center, 1°10 for etched stainless steel mural as a 1% for Art project at Henry Moses Aquatic Art Project Center,the use of$10,887 in Fund 125 reserves for the project,the total project budget of$23,261.08, and a contract with Doug Kyes in the amount of$1,500 for final design drawings and installation supervision. Refer to Community Services Committee. Development Services: Baxter Development Services Division recommended acceptance of a deed of Meadows II,ROW Dedication, dedication for additional right-of-way at NE 18th Circle to fulfill a requirement NE 18th Circle, SHP-05-075 of the Baxter Meadows II Short Plat. Council concur. Finance: Public Safety Finance and Information Services Department recommended approval of an Technology Infrastructure interlocal agreement with Valley cities for a technology grant to enable the Interlocal Agreement cities to work together on public safety needs utilizing fiber and wireless media for communications. Council concur. (See page 202 for resolution.) Fire: Chief Appointment Human Resources and Risk Management Department recommended (David Daniels), Hire at Step confirmation of the appointment of David Daniels as the new Fire Chief at pay E grade m49, Step E, effective 7/7/2006. Council concur. Human Resources: 2006 Human Resources and Risk Management Department recommended approval Group Health Cooperative of the 2006 Group Health Cooperative medical coverage agreements for Medical Coverage Contracts LEOFF I Employees, LEOFF I Retirees, and all other active employees. Refer to Finance Committee. Transportation: Airport Transportation Systems Division recommended approval of a contract with Maintenance Dredging& Parametrix, Inc. in the amount of$139,500 for the Airport Maintenance Shoreline Mitigation, Dredging and Shoreline Mitigation Project Phase 1. Refer to Transportation Parametrix (Aviation)Committee. Transportation: Lake WA Transportation Systems Division recommended approval of an agreement with Trail South Lake Connector, Washington State Department of Transportation for a$500,000 grant for the WSDOT Grant Lake Washington Trail South Lake Connector Project. Refer to Community Services Committee. Utility: Springbrook Creek Utility Systems Division recommended approval of the Springbrook Creek Wetland&Habitat Mitigation Wetland and Habitat Mitigation Bank Instrument with Washington State Bank Instrument, WSDOT Department of Transportation in the estimated amount of$450,000 over the initial ten years after construction. Refer to Utilities Committee. June 12,2006 Renton City Council Minutes Page 200 Added Item 6.o. Transportation Systems Division recommended approval to hire Bob Hanson as Transportation: Transportation Transportation Engineering Supervisor at Step D of pay grade m33, effective Engineering Supervisor Hire at 7/1/2006. Council concur. Step D MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO INCLUDE ITEM 6.o. CARRIED. CORRESPONDENCE Correspondence was read from Peter L. Buck, Buck&Gordon LLP, 2025 1st Citizen Comment: Buck-The Ave., Suite 500, Seattle, 98121,expressing concerns regarding the City's Landing Project, Expenditure investment of public funds in infrastructure for The Landing project without of Public Funds adequate analysis. Added Correspondence was read from Tom Reiter, Chair of Benson Hill Communities Citizen Comment: Reiter- Progress Group (BHCPG), 18001 113th Ave. SE, Renton, 98055, stating that Benson Hill Communities (BHCPG) is a citizens group representing the area to the south and southeast of Progress Group Renton. Pointing out that the group is investigating the possibility of annexing to the City of Renton, he reported that(BHCPG) has established the name Benson Hill Communities to identify the subject area. UNFINISHED BUSINESS Finance Committee Chair Persson presented a report recommending approval Finance Committee of Claim Vouchers 248964-249440 and one wire transfer totaling Finance: Vouchers $4,331,456.82; and approval of Payroll Vouchers 63575 - 63773, one wire transfer, and 627 direct deposits totaling $2,014,368.20. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Human Resources: Finance Committee Chair Persson presented a report recommending Reclassification of Positions concurrence in the staff recommendation to approve the reclassification of positions and pay ranges that do not require additional 2006 Budget appropriation as follows: Payroll Technician (new title Payroll Analyst, move to all after incumbent retires), grade n10 to n11, $2,364 budget change 2005 through 2006; Accountant(eliminate position, create another Payroll Analyst position), grade a 18 to a 11, no budget change; Grant Accountant.5 FTE (eliminate and create another Finance Analyst III position), grade a13 to n16, $4,422 budget change 2005 through 2006; Finance Analyst Supervisor(two incumbents), grade m25 to m26, $5,853 budget change 2005 through 2006; Librarian* (new position Assistant Library Director), grade a22 to m27, $15,444 budget change 2005 through 2006; Pavement Management Technician, grade a17 to a23, $8,856 budget change 2005 through 2006; Fleet Management Technician, grade a09 to a 11, $4,704 budget change 2005 through 2006; Purchasing Assistant, grade a07 to a08, $2,340 budget change 2005 through 2006; Construction Inspector(new position Construction Inspector II), grade a14 to a21, $10,992 budget change 2005 through 2006; Assistant Fire Marshal,grade m23 to m24, $3,360 budget change 2005 through 2006; Fire Inspector III(three incumbents), grade a20 to a21, $9,216 budget change 2005 through 2006; June 12,2006 Renton City Council Minutes Page 201 Fire Plans Examiner/Fire Inspector III, grade a20 to a23, $9,372 budget change 2005 through 2006; Hazardous Materials Specialist,grade a20 to a21,no budget change; Fire Inspector II, grade a18 to a19, $2,940 budget change 2005 through 2006; Fire Plans Examiner/Fire Inspector II, grade a18 to a19, no budget change; Fire Inspector I, grade al6 to a17,no budget change; Fire Plans Examiner/Fire Inspector I, grade a16 to a17,no budget change; Database Systems Technician, grade a07 to a07, see(*). The above changes are effective 1/1/2005. These reclassifications do not require additional budget appropriations. Code Compliance Inspector (two incumbents), grade a18 to a19, $3,270 budget change 2005 through 2006. The above change is effective 7/1/2005. This reclassification does not require additional budget appropriations. Lead Utility Pump Station Mechanic (new position), grade a18,no budget change; Principal Planner (new title Long Range Planning Manager), grade m32 to m33, $2,112 budget change through 2006; Principal Planner(new title Current Planning Manager), grade m32 to m33, $2,112 budget change through 2006; Senior Planner(EDNSP and PB/PW, three incumbents), grade a23 to a24, $5,112 budget change through 2006; Associate Planner (EDNSP and P/B/PW, three incumbents), grade a19 to a20, $10,760 budget change through 2006; Assistant Planner (EDNSP and P/B/PW), grade a15 to a16,no budget change; Neighborhood Coordinator(new title Neighborhood Program Coordinator), grade al2 to a25, $6,708 budget change through 2006; Economic Specialist, grade al6 to a20, $2,856 budget change through 2006; Sr. Economic Specialist(new position, add series to City Policy 320-01), grade a24, no budget change; Planning Technician II, grade a l 3 to a15, $2,664 budget change through 2006; Development Services Representative* (new title Energy Plans Reviewer/Permit Representative), grade al8 to a19, $1,488 budget change through 2006; Office Assistant II(new position Planning Technician I), grade a03 to a09, $2,028 budget change through 2006; Fire Inspector III (new position Lead Fire Inspector), grade a21 to a24, $4,896 budget change through 2006; Assistant Fire Marshal, grade m24 to m26, $3,408 budget change through 2006; Secretary I (new position Secretary II), grade n05 to n07, $2,160 budget change through 2006; Lead Office Assistant, grade a08 to a08, see (*); Grounds Equipment Mechanic,all to a13, $2,532 budget change through 2006. The above changes are effective 1/1/2006. These reclassifications do not require additional budget appropriations. June 12,2006 Renton City Council Minutes Page 202 *A 5 percent premium will be paid for software application support responsibilities when assigned. Total cost projected for the compensation is $22,276 effective 1/1/2005. This premium will be provided certain employees assigned software application support responsibilities in addition to their regular position responsibilities following approval by the Finance, Information Services, and Human Resources Administration. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Lease: Engenio Information Finance Committee Chair Persson presented a report recommending Technologies, 200 Mill Bldg concurrence in the staff recommendation to approve an amendment to the lease (3rd Floor), LAG-00-002 with Engenio Information Technologies, Inc. for the third floor of the 200 Mill Building, to extend the lease for an additional year. The Committee further recommended that the Mayor and City Clerk be authorized to sign the lease amendment. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. EDNSP: Annexation Finance Committee Chair Persson presented a report recommending Community Outreach, PRR concurrence in the staff recommendation to allocate $70,000 of year-end fund Contract, Budget Amend balance for the purpose of public information and community outreach efforts related to annexation and incorporation. The Committee also recommended approval of a contract with PRR, Inc. in the amount of$60,087 to conduct that work. The Committee further recommended that the ordinance authorizing the budget amendment for the$70,000 year-end fund balance be presented for first reading, and that the Mayor and City Clerk be authorized to sign the contract. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning& Development Planning and Development Committee Chair Briere presented a report Committee recommending concurrence with the staff recommendation to approve a multi- EDNSP: Multi-Family family housing property tax exemption agreement that addresses the terms and Housing Property Tax conditions for a partial property tax exemption upon completion of the Chateau Exemption, Chateau de Ville de Ville project in the downtown designated residential targeted area. The Committee further recommended that the Mayor and City Clerk be authorized to sign the agreement in substantially the same form. MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolution was presented for reading and adoption: ORDINANCES Resolution #3817 A resolution was read authorizing the Mayor and City Clerk to enter into an Finance: Public Safety interlocal agreement among the cities of Algona, Auburn, Fife, Kent, Pacific, Technology Infrastructure Puyallup, Renton, Sumner, and Tukwila, for cooperation in acceptance and use Interlocal Agreement of a Department of Justice Cops More grant. MOVED BY LAW, SECONDED BY BRIERE, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for first reading and referred to the Council meeting of 6/19/2006 for second and final reading: June 12,2006 Renton City Council Minutes Page 203 Utility: Billing Adjustments An ordinance was read adding Sections 5-11-4 through 5-11-8 to Chapter 11, for Water Leaks Utility Tax, of Title V(Finance and Business Regulations)of City Code to establish a utility tax relief program. MOVED BY CLAWSON, SECONDED BY BRIERE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 6/19/2006. CARRIED. Ordinance#5211 An ordinance was read appropriating the new programs and projects in the total Budget: 2006, Appropriating amount of$4,881,755 to meet the need of new circumstances and opportunities Funds for New Programs & in the 2006 fiscal year. MOVED BY LAW, SECONDED BY PERSSON, Projects COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Council President Corman reported that he helped host the recent Renton Park AJLS: City Hall Tour, Renton Elementary School 3rd grader tour of City Hall. Mr. Corman noted that a Park Elementary 3rd Graders portion of the students visited the Council Chambers and held a mock Council meeting at which he presided. Council: Policies Review MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL REFER THE REVIEW OF ALL COUNCIL POLICIES TO COMMITTEE OF THE WHOLE. CARRIED. AUDIENCE COMMENT Inez Petersen, PO Box 1295,Renton, 98057, displayed photographs of houses Citizen Comment: Petersen- in the Highlands area that showed improvements being made including Highlands Area painting,roof moss removal, and planter box installation. She reported that Redevelopment residents are interested in improving the appearance of their homes and that progress is being made. She also reported that there is a feeling of camaraderie and neighbors are helping each other. Ms. Petersen expressed her hope that Council will not approve a declaration of blight for the area. ADJOURNMENT MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL ADJOURN. CARRIED. Time: 8:08 p.m./ Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann June 12, 2006 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING June 12, 2006 I COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 6/19 Tri-Park Master Plan; (Corman) 5:30 p.m. Construction Bid Award for South Lake WA Roadway Improvements COMMUNITY SERVICES MON., 6/19 2006 Neighborhood Program Grants; (Nelson) 4:45 p.m. 1% for Art Project at Henry Moses Aquatic Center; Airport Advisory Committee Appointments; Lake WA Trail South Lake Connector Project WSDOT Grant FINANCE MON., 6/19 The Landing Infrastructure Improvements (Persson) 4:00 p.m. - Creation of Fund 318 PLANNING & DEVELOPMENT THURS., 6/15 Tasca Street Vacation Petition for Portion (Briere) 3:30 p.m. of N. 38th St. (briefing only); Street Grid System PUBLIC SAFETY MON., 6/19 CANCELLED (Law) TRANSPORTATION(AVIATION) THURS., 6/15 Airport Maintenance Dredging & (Palmer) 2:00 p.m. Shoreline Mitigation Contract with Parametrix; Lease with AirO, Inc. for Portion of 790 Building at Airport; Temporary Closure of Hoquiam Ave. NE; Airport Lease Addendum #21 with Boeing; Airport Security Gate Project Bid Award; Regional Transportation Issues Update UTILITIES THURS., 6/15 Springbrook Creek Wetland Habitat (Clawson) 4:15 p.m. Mitigation Bank Agreements NOTE: Committee of the Whole meetings are held in the Council Chambers unless otherwise noted. All other committee meetings are held in the Council Conference Room unless otherwise noted. �ti` Y 0 ADMINISTRATIVE, JUDICIAL, AND iiil ® , LEGAL SERVICES DEPARTMENT ‘>/vvoc. MEMORANDUM DATE: June 12, 2006 TO: Randy Corman, Council President Members of the Renton City Council FROM: Kathy Keolker, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: • Elizabeth P. Stewart, the new Director of the Renton History Museum, comes to Renton from Annapolis, Maryland, where she was Research Historian for a state-operated museum, the Banneker-Douglass Museum, for six years. Her last project at the Museum was researching, writing, and project managing its $750,000 permanent exhibit. Liz earned a B.A. from the University of South Carolina and a Ph.D. in American History from American University in Washington, D.C. While completing her degrees, Liz worked at McKissick Museum in Columbia, SC, and the Smithsonian Institution's National Museum of American History. • Dogs of all sizes will be flying high at the Alpo Canine Frisbee Championships on Saturday, June 17th, at Cedar River Park, beginning at 10:00 a.m. This event is open to all veteran and novice dogs that can catch a flying disc; previous competitive experience is not required. Dogs must be leashed when not competing and owners must clean up after their pets. Register on site for this free event. For more information, call Shirley Anderson at 425-430-6700. • Spring softball leagues are currently underway in Renton, with 98 teams participating. The Renton Recreation Division offers both a men's and a co-ed division, with a combined total of nine different leagues of varying skill levels. • The Renton Recreation Division's Special Olympics athletes competed in the State Special Olympics Tournament at Ft. Lewis June 2nd through the 4th. This year's group consisted of four soccer teams, a 33-member track team, and a 25-member cycling team. Fifteen Renton athletes qualified to apply to participate in the 2007 World Games in Shanghai, China! CITY OF RENTON ✓ / JUN 0 7 2006 To: Renton City Council and Mayor K. Keolker RECEIVED ..;ITY CLERK'S OFFICE RE: This letter is to inform you that a letter from 41:011P-is— Benson Hill Communities Progress Group will be following but will not arrive until Friday afternoon (6/9/06), but we were hoping to have it on the Council Agenda for June 12, 2006. Hello My name is David L. McCammon I am writing to inform you that a letter will be delivered to the Renton City Council on Friday afternoon. The letter will be a introduction of the Citizens group Benson Hill Communities Progress Group (BHCPG) to the Renton City Council and Mayor. The letter will include the name of our group the area in which it resides and a description of the North, East, West and South boundaries, a brief history of the area and possible plans for the future which could include attempted annexation to Renton. I apologize for the letter not being delivered prior to the Wednesday (6/7/06) at 5:00 PM cutoff but we cannot define our boundaries until after the Boundary Board of Review meeting on the evening of June 7, 06. We are having a meeting on Thursday night (6/8/06) to finalize the letter prior to delivery to Renton City Council. egards avid L. McCammon 17221 125 AVE SE Renton, WA 98058 425-227-9395 dlmccammon@comcast.net 6 e : J e y Co vi 43-),t- 1 CITY OF RENTON COUNCIL AGENDA BILL H#: 6. 6 , Submitting Data: For Agenda of: June 12,2006 Dept/Div/Board.. AJLS/Mayor's Office Staff Contact Kathy Keolker, Mayor Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Airport Advisory Committee Appointments: Ordinance Mr. Robert Bonner and Mr. Michael O'Leary Resolution Old Business Exhibits: New Business Study Sessions Community Service Application; Volunteer Application Information Recommended Action: Approvals: Legal Dept Refer to Community Services Committee Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project SUMMARY OF ACTION: Mayor Keolker appoints the following to the Airport Advisory Committee: Mr.Robert Bonner,91 Williams Ave S, Renton,WA 98055 (South Renton Neighborhood alternate position), for a term expiring on May 7, 2008. Mr. Michael O'Leary,22823 NE 54th St, Redmond, WA 98053 (Airport Leaseholder position), for a term expiring on May 7, 2007. STAFF RECOMMENDATION: Confirm Mayor Keolker's appointment of Mr. Robert Bonner and Mr. Michael O'Leary to the Airport Advisory Committee. , . tiziv4/coup vo;U4 ZU0430Z077 UKS WHI-"UK.1.4 I LUN 11119. 4.1 01/CJI. . • , .--- rrt t N4 uit.ftfi ce: 6_re6A Zi441161,ervio.4fri , 42s: 43t), -747z. peAtzfelyaitrk , , _., , '-iyti.,tit!LiAf CITY OF IZENTON - ; +rbti-ft0-10ii cm- - --1.- - - - APPLIelffill*FOR COMilffiNFITSERVIEB skiwie If you are interested in participating in local government by membership on any of the following City boards, conunissions,or committees,please complete this application and return it to: Office of the Mayor City of Renton 1055 South Grady Way Renton, WA 98055 Check the boartis/commissionsfeommittees in which you are interested: ii AIRPORT ADVISORY COMMITTEE* U PLANNING combassppr Li min-SERVICE COMMISSION* U ADVISORY oTtwaftp pi of pkvilsgrli U HOUSWO Auntonry* LI SENIOR=HMS A* '' 'YO0144444ISE* Q lancer snavams ADVISORY colvnanta* CI SISTER CITY CO:WHITER-CHAUTL.A o LIBRARY BOARD 0 sisIBRarycoissonYmPappittigi U MUNE:VAL ARTS C0140,1ISSION* C3 TRANSIT ADVISORY BOARD O p «Special inatsbaa84prAvidrowstatustrimmatood,fittermeariattatoiatzte rsicr vpitatioAffightis ,-;. c':-:- ..,,,k,-,,,- -,,,_. , , •-,..,,, -,4watsi , -.I.-nr-- ,- 0 . %0;t1-14-poirt: : KR.I MS,0 NAME KO 10-;e4-1 feast iver` DATE MAN 140,=6 - 611 ADDRESS WI ,,, ,. , , ,.._ , - ,.-4 Igti ,--,--./ it*lAitA er ,...... PHONE: DAY 41017S. 274. sal MONT SaisWer MALL ONO*4112011?40"1*44114•4014/ w SO,SINCE WHEN? CITY OP OF FORMER RESIDENCE 100taktiA4, (464 4 ,.. , f (2 -4' souchavamt,BACIOTROUNDAtiVikit C,i-,c - ,fay r:,..(-:.,,-"- J ,-,:-,-- . . t,)1 occumfrax AfaCt+411.:$r meta= "4 ALI& V / "'" OCCUPATIOML BACKGROUND , .- -- `;:-.,,,,,io. • '',. -i Pc. iti -i oiii-irc' ' e r 14, i , , #0,9 ': iltergui. , ; ,r e ‘, z -;:t r :'',.,;. C.i,,,,-.,• , . %Br, C:'L'. 'r C-(: Ctqc 1' ''''.T.- L r '' ;'Fr' r7..-'l''' -' -.- .r 44141t404 14 '' c- 23 114ilegihrtitity XiltiViar part4406,164, e' \)t,', '7',- COMMUNITY ACTIVITIES OrSiniZetiOnAkitthrhatVize groups,et.) ptlim;41411;41101 cogimism eactiskie Fe,kAA,Ce Ct,ar•tot. itistserow t4ttits4eAt socurty, AivAtirucogy Puvolitok REASON FOR APPLYING FOR THIS BOAKELCOMMISSIO/NYCOIIMITTHE t .. V t---' Isl -sie-„1,.., ; ,,,c, *., ;,.,,,„,'.-f':-'• et, e! ite4440 40,. ,-- ::-., i . moviers, ,- r 1/ ._ f, m ,, i: ',.. , v, t ,E-....,- t' ,--,- - .c., t \i,, , 7 ersit ,411,00,:AN ATTSND DAY IIKETEIOSI _ CAN MUNK :F C,fp. ,,,,tf.f 1 OW `-`• 1'1 f,, i'-,,, -,—.--, - - - - 14,'t OAS n '1,!-',,,'(tuAte.tar°germ%trot.9 - 4,,--.(. - 1',•:1 coitututstou,(wito,,,,, , — ,ease fed fete to(other * -,..-4.-'.., A'.'' - '''1' •' _C1414**(:,..._ L igelaAMKIAZI Tt, , . :‘ , ;'::-- ) '''',0• .11! „ 4 K151'474% 1 :httV gig" tieVOLISM4 \,r, ' :I-; -f.-;, r. , ,11, ,t,, F ,CY . + C7 i City of Renton Volunteer Application Personal Information Name: /"(iIce Clear o Date: 51/2-k-41 Address: a 2 L 4/ ,SP1(`` S • City/State/Zip: A°e elMonl1 W n gos3 Home Phone: a4)6 461)-56 Work Phone: y/-5-.' a 7/-•yy 7 Yes ❑ Do you have any special requirements or a health condition that the City of Renton should be No ® aware of while you are a volunteer? If yes,please describe In case of emergency,please notify: Cr( Name: Pa km 1.u-c a$ Relationship: Yeh cY Home Phone: a 6 6-$S/'.7 9 75- Business Phone: Physicians Name: Phone: In case of an emergency,can we release the above information to the emergency medical crew,dinic,or hospital? Yes r$ No Q Past experience Employment and/or Volunteer Experience: f{;rlav r1- E n,p/0 y ec r Education/Training: QU5live s� ©w4?<e- / f 7. f Special skills or hobbies: b.,n /14-8 F60 4,11 UldrfcF W,.7 J 4< /t-cop fe✓Y Volunteer Opportunities There are a variety of volunteer opportunities in the City of Renton. In order to provide maximum satisfaction, individual volunteers will be carefully matched according to their choice,skills and available assignments. / Do you have a volunteer preference:: A-i�(f or (0.1 1}<c Skills: Ow& ,4 i r° F )/W or(d(id f(</cy1' 3 Time Available: Morning ❑ Afternoon Jal Evening MI Mon tit Tues El Wed ® Thurs 0 Fri ❑ Weekends ❑ References List two references(other than family)whom the City can contact and their reia onship to you(fiend,employer,etc.) Name: P'ktan zu l Qv Phone: 1.0 S"4/30' 7Y7/ Relationship: gra end Address: Ien401. flt✓porl— City/State/Zip: Pez rt Name: Ali- l-1- Rice Phone: `f 2 - "a 55-76 cf 8 Relationship:Fri K c Address: 3v O ,(41'194 r+ W Ili City/State/Zip: t en-f-on Background Statement The City of Renton my rr uest a background check from the Washington State Patrol. Signature: 7.�2i1" f0^ Sonja Mejlaender, unteer Program Coordinator,City of Renton, 1055 S.Grady Way,Renton,WA 98055 Work Phone:(425)430-6514 Fax(425)430-6523 E-mail:smejlaender@ci.renton.wa.us ec : irans . Cwt e . pae6. r ti . , . / Y&vt . M4 CITY OF RENTON COUNCIL AGENDA BILL AI#: • Cj + 0.1 Submitting Data: For Agenda of: Dept/Div/Board.. AJLS/City Clerk June 12, 2006 Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. Bid opening on June 2, 2006, for CAG-06-090, Correspondence.. Liberty Park Community Building Roof Replacement Ordinance Project Resolution Old Business Exhibits: New Business Staff Recommendation Study Sessions Bid Tabulation Sheet(two bids) Information Recommended Action: Approvals: Legal Dept Council concur Finance Dept Other Fiscal Impact: Expenditure Required... $47,980.80 Transfer/Amendment 1/44100,. Amount Budgeted $80,000.00 Revenue Generated Total Project Budget $80,000.00 City Share Total Project.. SUMMARY OF ACTION: Engineers Estimate: $50,000 In accordance with Council procedure, bids submitted at the subject bid opening met the following three criteria: There was more than one bid,the low bid was within the project budget, and there were no irregularities. STAFF RECOMMENDATION: Accept the low bid submitted by Mike's Roofing, Inc. in the amount of$47,980.80. Y •- & 0� COMMUNITY SERVICES � • ' DEPARTMENT MEMORANDUM DATE: June 5, 2006 TO: Bonnie Walton, City Clerk FROM: Greg Stroh, Facilities Manager, ext. 6614 AS SUBJECT: Roof Replacement for Liberty Park Community Building The subject bid opening was held on June 2, 2006, at 2:30 PM. Two (2)bids were submitted. The bids ranged from a low of$47,980.80 to a high of$51,136.00. The low bid for the project was$47,980.80, including sales tax, from Mike's Roofing, Inc. Staff has reviewed the low bid for completeness, inclusion of all required forms, acknowledgments of addenda and mathematical correctness of the bid. All of the paper work is in order. There were no irregularities. err• The low bid of$47,980.80 including sales tax is within the amount Facilities budgeted for the project. Funding for the project is budgeted at $80,000---account number 316.000000.020.5940.0076.63.000003 Capital Improvement Program,Major Maintenance/Public Facilities. The Facilities Division, therefore recommends that Council concur in awarding the contract to the low bidder,Mike's Roofing, Inc., in the amount of$47,980.80. If you have any questions please contact Greg Stroh at x-6614 I:\TEMP NEW PC\Contract Docs\Liberty Park Building Roof Replacement\Liberty Park Roof City Clerk Memo_.doc CITY OF RENTON BID TABULATION SHEET PROJECT: Libery Park Community Building Roof Replacement;CAG-06-090 DATE: June 2, 2006 FORMS BID BIDDER Triple Includes 8.8%Sales Tax Form Lloyd A. Lynch,Inc. X $51,136.00 PO Box 1305 Woodinville,WA 98072-1305 Lynn A.Lynch Mike's Roofing, Inc. X $47,980.80 PO Box 3382 Lynnwood,WA 98046 Mike Coaker ENGINEER'S ESTIMATE TOTAL: $50,000.00 4.4004 LEGEND: Forms:Triple Form:Non-Collusion Affidavit,Anti-Trust Claims,Minimum Wage CITY OF RENTON COUNCIL AGENDA BILL AI#: . ct . Submitting Data: For Agenda of: June 12, 2006 Dept/Div/Board.. AJLS/City Clerk Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. Bid opening on 4/11/2006 for CAG-06-025, Correspondence.. Airport Airside/Landside Separation Improvement Ordinance Project Phase 2 (Security Gate Replacement) Resolution and Federal Aviation Administration Grant Application Old Business Exhibits: New Business Staff Recommendation Study Sessions Bid Tabulation Sheet(one bid) Information Federal Aviation Administration Grant Application Resolution Recommended Action: Approvals: Legal Dept Refer to Transportation(Aviation) Committee Finance Dept Other Fiscal Impact: fir'' Expenditure Required... $478,186.88 Transfer/Amendment Amount Budgeted Revenue Generated $150,000 Total Project Budget $406,580.00 City Share Total Project.. SUMMARY OF ACTION: Federal Aviation Administration Grant Application (FAA): A portion of the subject project is funded by a FAA grant of$150,000. Bid Award: Engineers Estimate: $186,195.92 In accordance with Council procedure, the bid submitted at the subject bid opening met the following criterion: There were no irregularities. The bid submitted by C.A. Carey Corporation in the amount of$478,186.88, however, was above the amount budgeted for the project, and it was the only bid submitted. STAFF RECOMMENDATION: Adopt the resolution authorizing the Mayor and City Clerk to sign the FAA grant application and kirool accept the grant offer of$150,000, and accept the bid submitted by C.A. Carey Corporation in the amount of$478,186.88. cf 0� PLANNING/BUILDING/ ""'' • +ID , PUBLIC WORKS DEPARTMENT , NTO MEMORANDUM DATE: May 31, 2006 TO: Bonnie Walton, i Clerk FROM: Ryan Zulauf P rp Manager,r , (x7471) SUBJECT: Renton Municipal Airport Airside/Landside Separation Improvement Project—Phase 2 Grant Acceptance and Bid Award ISSUE: Should Council authorize the Mayor and City Clerk to accept the Federal Aviation Administration grant in the amount of$150,000 and also the bid from C.A. Carey Corporation of Issaquah in the amount of$478,186.88 to complete the Airside/landside Separation Improvement Project—Phase 2 Project at the Renton Municipal Airport? RECOMMENDATION: New Refer this issue to the Transportation/Aviation Committee for concurrence. BACKGROUND: This project is being carried out for the purpose of improving the separation of airside and landside activities at the airport. This project is the second phase of a three phase project that will give the City positive control over vehicular access to the ramp areas, improving safety, security and access to airport businesses. On April 11, 2006, one bid proposal was received and reviewed for construction of the Airside/Landside Separation Improvement Project at the Airport. The bid from C.A. Carey Corporation of Issaquah was $478,186.88 for the project. There were no irregularities. The engineer's estimate was $186,195.92 for construction of the project. The project was designed in 2003 and then shelved in anticipation of increased federal participation in project funding. Costs of materials, specifically steel and electrical items, have risen greatly since 2003. The initial project budget in the 2006 Capital Improvement Program was $655,000. However, $118,420 of budget authority was transferred to the Quonset Hut Secondary vow Fire Escape Project. On May 22, 2006, $130,000 of budget authority was transferred to Bonnie Walton Page 2 of 2 May 31,2006 Niue the Airport Entrance Rehabilitation Project. This leaves $406,580 of remaining budget authority in the Airside/landside Separation Improvement project. In order to bring the project cost in line with the project budget, a change order has been proposed which will be executed after award of the construction contract. The change order will greatly reduce the quantity of chain link fencing that will be installed during this phase of the Airside/Landside Separation Improvement Project. The proposed change order is estimated to reduce the expenditure on the construction project by $148,860 for a revised total contract amount of$329,326.88. The quantities of fencing removed from this phase of the project will be added to the final phase of the project. A portion of the project budget is funded by a Federal Aviation Administration (FAA) grant of$150,000. The FAA grant application is attached. It is recommended that the Council authorize the Mayor to sign the federal grant application and accept the grant offer of $150,000 from the FAA for construction of the second phase of the Airside/Landside Separation Project. It is also recommended that the contract be awarded to the only bidder, CA Carey of Issaquah, Washington for the amount of$478,186.88 to construct the second phase of the Airside/Landside Separation Project. Nape This project is scheduled for summer of 2006. Enclosure: Application for Federal Assistance-Federal Aviation Administration cc: Peter Hahn,Deputy PB/PW Administrator-Transportation Nenita Ching,Finance Analyst Connie Brundage,Transportation Administrative Secretary Susan Campbell/Carolyn Currie,Airport Secretary h:\file sys\air-airport,transportation services division\03 projects\02capital improvement projects\airside Landside separation and security project\2006 faa state entitlement grant\airport gate construction bid award memo.doc CITY OF RENTON BID TABULATION SHEET 44r■+PROJECT: Renton Municipal Airport Security Gate Replacement Phase 2;CAG-06-025 DATE: 4/11/2006 FORMS Cert.for Buy BID BIDDER Triple Bid Federal Aid American Includes 8.8%sales tax Form Bond Addenda Contract Cert. C.A. Carey Corportation X X X $478,186.88 PO Box 1006 Issaquah,WA 98027 Steve Murdoch ENGINEER'S ESTIMATE TOTAL: $186,195.92 LEGEND: Fomes:Triple Form:Non-Collusion Affidavit,Anti-Trust Claims,Minimum Wage APPLICATION FOR Version 7/03 2. DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE 5-30-06 I1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Application Preapplication Construction ❑ Construction 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier — Non-Construction 0 Non-Construction APPLICANT INFORMATION Legal Name: Organizational Unit: City of Renton, Renton Municipal Airport/Clayton Scott Department: Planning Building Public Works Field Organizational DUNS: Division: Transportation Address: Name and telephone number of person to be contacted on Street: 616 West Perimeter Road, Unit A matters involving this application(give area code) Prefix: Mr. First Name: Ryan City: Renton Middle Name: C. County: King Last Name: Zulauf State: WA Zip Code: 98055 Suffix: Country: USA Email: rzulauf@ci.renton.wa.us 6. EMPLOYER IDENTIFICATION NUMBER E/N): Phone number(give area code): FAX number(give area code): -97-1- 1 6101011 1 2 1 7 11 I I 425-430-7471 425-430-7472 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: See back of form for ( Application Types) X New 0 Continuation 0 Revision C If Revision,enter appropriate letter(s)in box(es): Other(specify) (See back of form for description of letters) 9. NAME OF FEDERAL AGENCY Other(specify) Federal Aviation Administration 11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT: '0. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER Airside/Landside Separation Project-Phase it: Removal likoste 2 I 0 - 1 I 0 16 and installation of airport perimeter fence,pedestrian and vehicle gates. TITLE: 1 12. AREAS AFFECTED BY PROJECT(cities,counties,states,etc.): City of Renton 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date Ending Date a. Applicant b. Project March 2006 July 2006 09 09 15.ESTIMATED FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE a. Federal $ .00 EXECUTIVE ORDER 12372 PROCESS 150,000a.Yes. 0 THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant $ 328,186 .tlU PROCESS FOR REVIEW ON c. State $ .uu DATE: d. Local $ .uu b.No. 0 PROGRAM IS NOT COVERED BY E.O.12372 e. Other ' $ .uu ❑ OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW 1. Program income $ .00 17. IS THE APPLICANT DEUNQUENT ON ANY FEDERAL DEBT? g. TOTAL $ 478,186 .98 Dyes If"Yes"attach an explanation X No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT,THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Representative — Prefix Mr. First Name Ryan Middle Name C Last Name Zulauf Suffix b.Title Airport Manager c.Telephone number(give area code) 425-430-7471 Signature of Authorized Representative e.Date Signed Previous Editions Not Usable Standard Form 424 (Rev.9-2003) Authorized for Local Reproduction Prescribed by OMB Circular A-102 INSTRUCTIONS FOR THE SF 424 Public reporting burden for this collection of information is estimated to average 45 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to th' Office of Management and Budget,Paperwork Reduction Project(0348-0043),Washington,DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. This is a standard form used by applicants as required facesheet for preapplications and applications submitted for Federal assistance. It will be used by Federal agencies to obtain applicant certification that States which have established a review and comment procedure in response to Executive Order 12372 and have selected the program to be included in their process,have been given an opportunity to review the applicant's submission. Item Entry: Item Entry: 1. Select Type of Submission. 11. Enter a brief descriptive title of the project. If more than one program is involved, you should append an explanation on a separate sheet. If appropriate (e.g. construction or real property projects), attach a map showing project location. For preapplications, use a separate sheet to provide a summary description of this project. 2. Date application submitted to Federal agency(or State if 12. List only the largest political entities affected(e.g.,State,counties, applicable)&applicant's control number(if applicable). cities). 3. State use only(if applicable) 13. Enter the proposed start date and end date of the project. 4. Enter Date Received by Federal Agency 14. List the applicant's Congressional District and any District(s) Federal identifier number. If this application is a continuation or affected by the program or project. revision to an existing award,enter the present Federal Identifier number. If for a new project,leave blank. 5. Enter legal name of applicant, name of primary organizational 15. Amount requested or to be contributed during the first unit (including division, if applicable), which will undertake the funding/budget period by each contributor. Value of in-kind assistance activity, enter the organization's DUNS number contributions should be included on appropriate lines as (received from Dun and Bradstreet),enter the complete address applicable. If the action will result in a dollar change to an exist' of the applicant (including country), and name, telephone award,indicate only the amount of the change. For decreases, number, e-mail, and fax of the person to contact on matters enclose the amounts in parentheses. If both basic and related to this application. supplemental amounts are included,show breakdown on an attached sheet. For multiple program funding,use totals and show breakdown using same categories as item 15. 6. Enter Employer Identification Number(EIN)as assigned by the 16. Applicants should contact the State Single Point of Contact Internal Revenue Service. (SPOC)for Federal Executive Order 12372 to determine whether the application is subject to the State intergovernmental review process. 7. Enter the appropriate letter 17. This question applies to the applicant organization, not the in the space provided. I. State Controlled person who signs as the authorized representative. Categories A. State Institution of Higher of debt include delinquent audit disallowances,loans and taxes. B. County Learning C. Municipal J. Private University D. Township K. Indian Tribe E. Interstate L. Individual F. Intermunicipal M. Profit Organization G. Special District N. Other(Specify) H. Independent School O. Not for Profit Organization District 8. Select type from the following list: 18. To be signed by the authorized representative of the applicant. A copy of the governing body's authorization for you to sign this • "New"means a new assistance award. application as official representative must be on file in the • "Continuation"means an extension for an additional applicant's office. (Certain Federal agencies may require that this funding/budget period for a project with a projected authorization be submitted as part of the application.) completion date. • "Revision"means any change in the Federal Government's financial obligation or contingent liability from an existing obligation. If a revision enter the appropriate letter A.Increase Award B.Decrease Award C.Increase Duration D.Decrease Duration 9. Name of Federal agency from which assistance is being requested with this application. 10. Use the Catalog of Federal Domestic Assistance number and title of the program under which assistance is requested. SF-424(Rev.7-97)Back U.S.DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO.2120-0569 PART II PROJECT APPROVAL INFORMATION SECTION A Now Item 1 Name of Governing Body Does this assistance request require State, Priority local,regional,or other priority rating? ['Yes XNo Item 2. Name of Agency or Board Does this assistance request require State,local (Attach Documentation) advisory,educational or health clearances? ['Yes XNo (Attach Comments) Item 3 Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? ❑Yes XNo Item 4 Name of Approving Agency Does this assistance request require State, local, Date regional or other planning approval? [fres XNo Check One: State 0 Item 5. Local X Is the proposed project covered by an approved Regional ❑ comprehensive plan? [fres XNo Location of plan Renton Airport Office NtInr' Item 6. Name of Federal Installation Will the assistance requested serve a Federal Federal Population benefiting from Project installation? DYes XNo Item 7 Name of Federal Installation Will the assistance requested be on Federal land or installation? Location of Federal Land Percent of Project [fres XNo See instructions for additional information to be provided. Item 8 Will the assistance requested have an impact or effect on the environment? ❑Yes XNo Number of: Item 9. Individuals Will the assistance requested cause the displacement of Families individuals,families,businesses,or farms? Businesses Dyes XNo 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 XNo FAA Form 5100-100(6-73)SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 2 INSTRUCTIONS PART II SECTION A Negative answers will not require an explanation unless the Federal agency requests more information at a later date. Provide supplementary data for all"Yes"answers in the space provided in accordance with the following instructions. Item 1.—Provide the name of the governing body Item 6.—Show the Federal population residing or working establishing the priority system and the priority rating on the federal installation that will benefit from this project. assigned to this project. Item 7.—Show the percentage of the project work that will Item 2.—Provide the name of the agency or board which be conducted on federally-owned or leased land. Give the issued the clearance and attach the documentation of name of the Federal installation and its location. status or approval. Item 8.—Briefly describe the possible beneficial and/or Item 3.—Attach the clearinghouse comments for the harmful impact on the environment because of the pro- application in accordance with the instructions contained in posed project. If an adverse environmental impact is anti- Office of Management and Budget Circular No.A-95. If cipated,explain what action will be taken to minimize the comments were submitted previously with a preapplication, impact. Federal agencies will provide separate instructions do not submit them again but any additional comments if additional data is needed. received from the clearinghouse should be submitted with Item 9.—State the number of individuals,families,busi- this application. nesses,or farms this project will displace.Federal Item 4.—Furnish the name of the approving agency and agencies will provide separate instructions if additional data is needed. the approval date. Item 5.—Show whether the approved comprehensive plan Item 10.—Show the Federal Domestic Assistance Catalog number,the program name,the type of assistance,the is State,local or regional,or if none of these,explain the scope of the plan. Give the location where the approved status,and amount of each project where there is related plan is available for examination and state whether this previous,pending,or anticipated assistance. Use project is in conformance with the plan. additional sheets,if needed. Paperwork Reduction Act Statement:The information collected on this form allows sponsors of public use airports or public agencies to apply for one or more projects in a form prescribed by the Secretary of Transportation. Title 49, United States Code(U.S.C.),Section 47105,identifies the information required to apply for this program.The forms prescribed to meet this requirement are developed to provide a comprehensive format that allows sponsors to provide the o ddata needed to evaluate the request for funds.The burden for each response is estimated to be 28 hours.Approved app at benefit the sponsor by providing Federal funding to protect the Federal interest in safety,efficiency,and utility of the Nation's airport system.No assurance of confidentiality can be given since these become public records. If you wish to make any comments concerning the accuracy of this burden estimate or any suggestions for reducing this burden,send to Federal Aviation Administration,ARP-10,800 Independence AVE, SW,Washington,DC 20591. Please note that an agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless it displays a currently valid OMB control number,which is 2120-0569 for this collection. U.S.DEPARTMENT OF TRANSPORTATION-FEDERAL AVIATION ADMINISTRATION OMB NO.2120-0569 PART II—SECTION C -he 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 City of Renton has adopted a compatible land use plan for areas around the airport per the Washington State Department of Transportation guidelines. FAR Part 77 Surfaces are also protected in the City's compatible land use program. 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: The sponsor is not in default on any obligations. 3. Possible Disabilities.—There are no facts or circumstances (including the existence of effective or proposed eases, use agreements or other legal instruments affecting use of the Airport or the existence of pending fltigation or other legal proceedings)which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: Not applicable 4. Land.—(a) The sponsor holds the following property interest in the following areas of land*which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit"A": Yes—See Exhibit A—Renton Municipal Airport is a Federal Surplus Property Act Airport. Land interest owned by the sponsor is shown on the property map(Airport Layout Plan dated 5/2/96)on file with the Seattle ADO,Renton Washington. *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) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and 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": The sponsor does not need to acquire any property,or interest in any property to complete this project. (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": Not applicable. The sponsor does not need to acquire any property,or interest in any property to complete this project. 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: No exclusive rights have been given by the sponsor. *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 3b U.S.DEPARTMENT OF TRANSPORTATION-FEDERAL AVIATION ADMINISTRATION OMB NO 2120-0569 PART III—BUDGET INFORMATION -CONSTRUCTION SECTION A-GENERAL . Federal Domestic Assistance Catalog No. fir+ 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 5. Other architectural engineering fees 6. Project inspection fees 7. Land development 8. Relocation Expenses 9. Relocation payments to individuals and businesses 10. Demolition and removal 13,000 '1. Construction and project improvement 465,186.80 err+` 12. Equipment 13. Miscellaneous 14. Total(Lines 1 through 13) 478,186.88 15. Estimated Income(if applicable) 16. Net Project Amount(Line 14 minus 15) 478,186.88 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 478,186.88 20. Federal Share requested of Line 19 150,000.00 21. Add Rehabilitation Grants Requested (10o percent) 22. Total Federal grant requested (Lines 20&21) 150,000.00 23. Grantee share 328,186.88 24. Other shares 25. Total project(Lines 22,23,&24) $ $ $ 478,186.88 AA FORM 5100-100(6-73)SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 4 INSTRUCTIONS PART III SECTION A. GENERAL 1. Show the Federal Domestic Assistance Catalog Number However,show the total amounts for all programs in Section B from which the assistance is requested. When more than of the basic application form. one program or Catalog Number is involved and the amount cannot be distributed to the Federal grant program or catalog 2. Show the functional or other categorical breakouts,if number on an over-all percentage basis,prepare a separate required by the Federal grantor agency. Prepare a separate set of Part Ill forms for each program or Catalog Number. set of Part Ill forms for each category. SECTION B. CALCULATION OF FEDERAL GRANT When applying for a new grant, use the Total Amount Column only. When requesting revisions of previously awarded amounts,use all columns. Line 1 -Enter amounts needed for administration expenses Line 12-Enter amounts for equipment both fixed and movable including such items as travel, legal fees,rental of vehicles exclusive of equipment used in construction. For example, and any other expense items expected to be incurred to include amounts for permanently attached laboratory tables, administer the grant. Include the amount of interest expense built-in audio visual systems,movable desks,chairs,and when authorized by program legislation and also show this laboratory equipment. amount under Section E Remarks. Line 13-Enter amounts for items not specifically mentioned Line 2-Enter amounts pertaining to the work of locating and above. designing,making surveys and maps,sinking test holes,and Line 14-Enter the sum of Lines 1-13. all other work required prior to actual construction. Line 15-Enter the estimated amount of program income that will be earned during the grant period and applied to the Line 3-Enter amounts directly associated with the acquisition program. of land,existing structures,and related right-of-way. Line 16-Enter the difference between the amount on Line 14 Line 4-Enter basic fees for architectural engineering services. and the estimated income shown on Line 15. Line 5-Enter amounts for other architectural engineering Line 17-Enter the amounts for those items which are a part of services,such as surveys,tests,and borings. the project but not subject to Federal participation(See Section C, Line 26g,Column(1)). Line 6-Enter fees for inspection and audit of construction and Line 18-Enter the estimated amount for contingencies. related programs. Compute this amount as follows. Subtract from the net projec Line 7-Enter amounts associated with the development of amount shown on Line 16 the ineligible project exclusions land where the primary purpose of the grant is land shown on Line 17 and the amount which is excluded from the improvement. Site work normally associated with major contingency provisions shown in Section C,Line 26g,Column construction should be excluded from this category and shown (2). Multiply the computed amount by the percentage factor on line 11. allowed by the grantor agency in accordance with the Federal program guidance. For those grants which provide for a fixed Line 8-Enter the dollar amounts needed to provide relocation dollar allowance in lieu of a percentage allowance,enter the advisory assistance,and the net amounts for replacement(last dollar amount of this allowance. resort)housing. Do not include relocation administration expenses on this Line;include them on Line 1. Line 19-Show the total amount of Lines 16, 17,and 18. (This is the amount to which the matching share ratio pre-scribed in Line 9-Enter the estimated amount of relocation payments to program legislation is applied.) be made to displaced persons,business concerns and non- profit organizations for moving expenses and re-placement LLine u20 ae of funds for ehab-Show the amount of Fted erapurposes.funds requested housing. Line 10-Enter the gross salaries and wages of employees of Line 21 -Enter the estimated amounts needed for rehabili- the grantee who will be directly engaged in performing tation expense if rehabilitation grants to individuals are made demolition or removal of structures from developed land. This for which grantees are reimbursed 100 percent by the Federal line should show also the cost of demolition or removal of grantor agency in accordance with program legislation. If the improvements on developed land under a third party contract. grantee shares in part of this expense show the total amount Reduce the costs on this line by the amount of expected on Line 13 instead of on Line 21 and explain in Section E. proceeds from the sale of salvage,if so instructed by the Federal grantor agency. Otherwise,show the proceeds on Line 22-Show the total amount of the Federal grant re- Line 15. quested. Line 11 -Enter amounts for the actual construction of,addition Line 23-Show the amount from Section D, Line 27h. to,or restoration of a facility. Also include in this category the Line 24-Show the amount from Section D,Line 28c. amounts of project improvements such as sewers,streets, landscaping and lighting. Line 25-Self-explanatory. • U.S.DEPARTMENT OF TRANSPORTATION-FEDERAL AVIATION ADMINISTRATION OMB NO.2120-0569 SECTION C -EXCLUSIONS Ineligible for Excluded from Participation Contingency Provision X26. Classification (1) (2) a. $ $ b.. c. d. e. f. g• Totals SECTION D -PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ 328,186.88 a.Securities b.Mortgages c.Appropriations(By Applicant) d.Bonds e.Tax Levies f.Non Cash' %or' g.Other(Explain)Monthly leasehold payments from airport tenants to sponsor. 328,186.88 h.TOTAL—Grantee share 328,186.88 28. Other Shares a.State b.Other c.Total Other Shares 29. TOTAL $ 478,186.88 SECTION E-REMARKS PART IV PROGRAM NARRATIVE (ATTACH—SEE INSTRUCTIONS) FM Form 5100-100(6-73)SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 PAGE 5 • INSTRUCTIONS PART III SECTION C. EXCLUSIONS Line 27h-Show the total of Lines 27 a-g. This amount must equal the amount shown in Section B,Line 23. Line 26 a-g-Identify and list those costs in Column(1)which Line 28a-Show the amount that will be contributed by a State or are part of the project cost but are not subject to Federal state agency,only if the applicant is not a State or state agency. If participation because of program legislation or Fed- there is a noncash contribution,explain what the contribution will eral grantor agency instructions. The total amount on Line g consist of under Section E Re-marks. should agree with the amount shown on Line 17 of Section B, Show in Column (2)those project costs that are subject Line 28b-Show the amount that will be contributed from other to Federal participation but are not eligible for inclusion in the sources. If there is a noncash contribution,explain what the amount used to compute contingency amounts as provided contribution will consist of under Section E Re-marks. in the Federal grantor agency instructions. Line 28c-Show the total of Lines 28a and 28b. This amount must be the same as the amount shown in Section B,Line 24. Section D. PROPOSED METHOD OF FINANCING Line 29-Enter the totals of Line 27h and 28c. NON-FEDERAL SHARE SECTION E. OTHER REMARKS Line 27 a-g-Show the source of the grantee's share. If cash is not immediately available specify the actions com- Make any remarks pertinent to the project and provide any other pleted to date and those actions remaining to make cash information required by these instructions or the grantor agency. available under Section E Remarks. Indicate also the period Attach additional sheets,if necessary. of time that will be required after execution of the grant agreement to obtain the funds. If there is a noncash contribution,explain what this contribution will consist of. PART IV PROGRAM NARRATIVE (Suggested Format) U.S.DEPARTMENT OF TRANSPORTATION.FEDERAL AVIATION ADMINISTRATION OMB NO 2120-0569 PROJECT: Airside/Landside Separation Project— Phase II AIRPORT: Renton Municipal Airport 1. Objective: Replace limited portions of the airport perimeter fence, and pedestrian and vehicle gates on the west side of the airport to improve the airside and landside separation of uses. 2. Benefits Anticipated: Reduced runway incidences and incursions. Replacement of temporary fence with a permanent perimeter fence. Reduce wing tip obstructions due to the relocation of vehicle Gate V-6 further way from taxiway Alpha. Moving Gate V-6 will also solve the problem of vehicles sitting in the object free are of taxiway alpha in order to clear the safety loops in the pavement. Relocated/strategically placed pedestrian gates will improve access to the field and airport businesses. Replacement of the three vehicle gates will ensure access to the airfield as these gates have reached the end of their useful life cycle. 3. Approach: See attached drawing. This project has been designed to replace three (3) vehicle gates and section of the perimeter fence that will not be affected by property development plans on key leased areas. The location of the perimeter fence is consistent with all of the alternatives in the new Airport Layout, which is under development. The vehicle gates will be tied to the existing proximity card system used by the airport to control access onto the field at five (5) other vehicle gates. These other gates were installed during Phase I of the Airside/Landside Separation Project and the proximity card system has been instrumental in reducing runway incidences and occurrences. This project further satisfies the recommendations from a 2003 Runway Safety Action Team effort. 4. Geographic Location: West side of the Airport, from approximately 500 to 616 West Perimeter Road, and Gate V-4 and Gate V-3 to the 800 West Perimeter Road building. 5. Justification for Force Account Work: (if applicable) Not applicable. *lase 6: Sponsor's Representative: (incl. address&tel. no.) Ryan C. Zulauf Airport Manager Renton Municipal Airport/Clayton Scott Field 616 West Perimeter Road, Unit A Renton, WA 98055 425-430-7471 FAA Form 5100-100(6-73)SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 PAGE 6 • INSTRUCTIONS PART IV PROGRAM NARRATIVE Prepare the program narrative statement in accordance with the following instructions for all new grant programs. Requests for supplemental assistance should be responsive to Item 5b only. Requests for continuation or refunding or other changes of an approved project should be responsive to Item 5c only. 1. OBJECTIVES AND NEED FOR THIS ASSISTANCE. 4. GEOGRAPHIC LOCATION. Pinpoint any relevant physical,economic,social,financial, Give a precise location of the project and area to be served by institutional,or other problems requiring a solution. the proposed project. Maps or other graphic aids may be Demonstrate the need for assistance and state the principal and attached. subordinate objectives of the project Supporting 5. IF APPLICABLE,PROVIDE THE FOLLOWING documentation or other testimonies from concerned INFORMATION: interests other than the applicant may be used. Any relevant data based on planning studies should be included a. Describe the relationship between this project and other work or footnoted. planned,anticipated,or underway under the Federal Assistance listed under Part II,Section A, Item 10. 2. RESULTS OR BENEFITS EXPECTED. b. Explain the reason for all requests for supplemental Identify results and benefits to be derived. For example, assistance and justify the need for additional funding. include a description of who will occupy the facility and show how the facility will be used. For land acquisition or c. Discuss accomplishments to date and list in chronological development projects,explain how the project will benefit order a schedule of accomplishments,progress or milestones the public. anticipated with the new funding re-quest. If there have been 3. APPROACH significant changes in the project objectives,location,approach or time delays,explain and justify. For other requests for changes or amendments,explain the reason for the change(s). If a. Outline a plan of action pertaining to the scope and the scope or objectives have changed or an extension of time is detail of how the proposed work will be accomplished for necessary,explain the circumstances and justify. If the total each grant program. Cite factors which might accelerate or budget has been exceeded or if individual budget items have decelerate the work and your reason for taking this approach changed more than the prescribed limits contained in Attachment as opposed to others. Describe any unusual features of K,Office of Management and Budget Circular No.A-102,explain the project such as design or technological innovations, and justify the change and its effect on the project. '' reductions in cost or time,or extraordinary social and community involvements. b. Provide each grant program monthly or quarterly quantitative projections of the accomplishments to be achieved,if possible. When accomplishments cannot be quantified,list the activities in chronological order to show the schedule of accomplishments and their target dates. c. Identify the kinds of data to be collected and main- tained,and discuss the criteria to be used to evaluate the results and success of the project. Explain the methodology that will be used to determine if the needs identified and discussed are being met and if the results and benefits identified in Item 2 are being achieved. d. List each organization,cooperator,consultant,or other key individuals who will work on the project along with a short description of the nature of their effort or contribution. CIP/PREAPPLICATION DATA SHEET AIRPORT: EXAMPLE LOCAL PRIORITY: UPDATED: December, WORK ITEM: East Apron Reconstruction Ng SKETCH: \l / ✓/ 1 1 0' 1 \ / 110N O East Apron Reconstruction0 lir.O 0 Y 0 O� East s Apron Reconst � \ ruction <�I`f�ilt' 0' 500' 1000' 2000' l � tcan le Feet 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: LOCAL PRIORITY: UPDATED: WORK ITEM: Nome SKETCH: Nome 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 $ CIP/PREAPPLICATION DATA SHEET AIRPORT: LOCAL PRIORITY: UPDATED: WORK ITEM: Nape SKETCH: 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$ CIP/PREAPPLICATION DATA SHEET AIRPORT: LOCAL PRIORITY: UPDATED: WORK ITEM: i4i.r SKETCH: New 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 Nome NO: NO: CODE: CODE: PRIOR: FED$ • CIP/PREAPPLICATION DATA SHEET AIRPORT: Renton Municipal LOCAL PRIORITY: UPDATED: Airport WORK ITEM: Airside/Landside Separation — Phase II SKETCH: law three vehicle gates, one of which completely failed in 2005 to better separate airside and landside uses. SPONSOR SIGNATURE: DATE: COST ESTIMATE: $478,186.88 Item (Excavation, Paving, etc.) ADMINISTRATION: $ 1: Constru. $ 478,186.88 4 $ ENGINEERING: $ 2: $ 5 $ INSPECTION: $ 3: $ TOTAL: $ 478,186.88 ADO USE: Now PREAPP GRANT NPIAS WORK FAA NO: NO: CODE: CODE: PRIOR: FED$ Appendix 1 ASSURANCES Ns," Airport Sponsors A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development,airport planning,and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49,U.S.C.,subtitle VII,as amended. As used herein,the term"public agency sponsor"means a public agency with control of a public-use airport;the term"private sponsor"means a private owner of a public-use airport;and the term"sponsor"includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor,these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms,conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project,or throughout the useful life of the project items installed within a facility under a noise compatibility program project,but in any event not to exceed twenty(20)years from the date of acceptance of a grant offer of Federal funds for the project. However,there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions,and assurances with respect to real property acquired with federal funds. Furthermore,the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten(10)years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement,only Assurances 1,2,3,5,6, 13, 18,30,32,33,and 34 in section C apply to planning projects. The terms,conditions,and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies,with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations,executive orders,policies,guidelines,and requirements as they relate to the application,acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49,U.S.C.,subtitle VII,as amended. b. Davis-Bacon Act-40 U.S.C.276(a),et seq.' c. Federal Fair Labor Standards Act-29 U.S.C.201,et seq. d. Hatch Act—5 U.S.C. 1501,et seq.' Airport Assurances(3/2005) 1 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C.4601,et seq." err, f. National Historic Preservation Act of 1966-Section 106- 16 U.S.C. 470(f).' g. Archeological and Historic Preservation Act of 1974- 16 U.S.C.469 through 469c.' h. Native Americans Grave Repatriation Act-25 U.S.C. Section 3001,et seq. i. Clean Air Act,P.L.90-148,as amended. j. Coastal Zone Management Act,P.L.93-205,as amended. k. Flood Disaster Protection Act of 1973-Section 102(a)-42 U.S.C. 4012a.' 1. Title 49,U.S.C.,Section 303,(formerly known as Section 4(f)) m. Rehabilitation Act of 1973-29 U.S.C.794. n. Civil Rights Act of 1964-Title VI-42 U.S.C.2000d through d-4. o. Age Discrimination Act of 1975-42 U.S.C.6101,et seq. p. American Indian Religious Freedom Act,P.L.95-341,as amended. q. Architectural Barriers Act of 1968-42 U.S.C.4151,et seq.' r. Power plant and Industrial Fuel Use Act of 1978-Section 403-2 U.S.C. 8373.' s. Contract Work Hours and Safety Standards Act-40 U.S.C.327,et seq.' t. Copeland Anti kickback Act- 18 U.S.C. 874., 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 Norre 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).' Noe Airport Assurances(3/2005) 2 h. 49 CFR Part 18-Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 i. 49 CFR Part 20-New restrictions on lobbying. j. 49 CFR Part 21 -Nondiscrimination in federally-assisted programs of the Department of Transportation-effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23-Participation by Disadvantage Business Enterprise in Airport Concessions. 1. 49 CFR Part 24-Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.i 2 m. 49 CFR Part 26—Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27-Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.i o. 49 CFR Part 29—Government wide debarment and suspension(nonprocurement) and government wide requirements for drug-free workplace (grants). p. 49 CFR Part 30-Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 41 -Seismic safety of Federal and federally assisted or regulated new building construction. 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. z These laws do not apply to private sponsors. ' 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance.Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49,United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant,and to finance and carry out the proposed project;that a resolution,motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein,and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions,and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person Airport Assurances(3/2005) 3 to file this application,including all understandings and assurances contained therein;to act in connection with this application;and to provide Nose 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 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. *44.101 e. If the sponsor is a private sponsor,it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor,the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code,the regulations and the terms,conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans(existing at the time of submission of this application)of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users.In making a decision to undertake any airport development project under Title 49,United States Code,it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport,an airport runway,or a ,41.00 major runway extension,it has afforded the opportunity for public hearings for the purpose of considering the economic,social,and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall,when requested by the Secretary,submit a copy of the transcript of such hearings to the Secretary. Further,for such projects,it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location,a major runway extension,or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed,constructed,and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency,certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995,for the replacement or reconstruction of pavement at the airport,it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such Airport Assurances(3/2005) 5 reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport,as defined in Title 49,it has,on the date of submittal of the project grant application,all the safety equipment required for certification of such airport under section 44706 of Title 49,United States Code,and all the security equipment required by rule or regulation,and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System,Audit,and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant,the total cost of the project in connection with which the grant is given or used,and the amount or nature of that portion of the cost of the project supplied by other sources,and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States,or any of their duly authorized representatives,for the purpose of audit and examination,any books,documents,papers,and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient.In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used,it shall file a certified copy of such audit with the Comptroller General of the United States not later than six(6)months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include,in all contracts in excess of$2,000 for work on any projects funded under the grant agreement which involve labor,provisions establishing minimum rates of wages,to be predetermined by the Secretary of Labor,in accordance with the Davis-Bacon Act,as amended(40 U.S.C. 276a-276a-5),which contractors shall pay to skilled and unskilled labor,and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor,such provisions as are necessary to insure that,in the employment of labor(except in executive,administrative,and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49,United States Code. However,this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications,and schedules approved by the Secretary. Such plans,specifications,and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction,or other performance under this grant agreement,and,upon approval of the Secretary,shall be incorporated into this grant agreement.Any modification to the approved *ow 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 ,4000 with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport,other than facilities owned or controlled by the United States,shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal,state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes.It will suitably Airport Assurances(3/2005) 7 operate and maintain the airport and all facilities thereon or connected therewith,with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance,the sponsor will have in effect arrangements for- (1)Operating the airport's aeronautical facilities whenever required; (2)Promptly marking and lighting hazards resulting from airport conditions,including temporary conditions;and (3)Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow,flood or other climatic conditions interfere with such operation and maintenance. Further,nothing herein shall be construed as requiring the maintenance, repair,restoration,or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes)will be adequately cleared and protected by removing,lowering,relocating,marking,or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. Norr"" 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 , ,100 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 Now 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 Ntare documents affecting the airport,including deeds,leases,operation and use Airport Assurances(3/2005) 10 agreements,regulations and other instruments,available for inspection by any duly authorized agent of the Secretary upon reasonable request; 144004 C. for noise compatibility program projects,make records and documents relating to the project and continued compliance with the terms,conditions,and assurances of the grant agreement including deeds,leases,agreements, regulations,and other instruments,available for inspection by any duly authorized agent of the Secretary upon reasonable request;and d. in a format and time prescribed by the Secretary,provide to the Secretary and make available to the public following each of its fiscal years,an annual report listing in detail: (i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made;and (ii) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge,except,if the use by Government aircraft is substantial,charge may be made for a reasonable share,proportional to such use,for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,or otherwise agreed to by the sponsor and the using agency,substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which,in the opinion of the Secretary,would unduly interfere with use of the landing areas by other authorized aircraft,or during any calendar month that— a. Five(5)or more Government aircraft are regularly based at the airport or on land adjacent thereto;or b. The total number of movements(counting each landing as a movement)of Government aircraft is 300 or more,or the gross accumulative weight of Government aircraft using the airport(the total movement of Government aircraft multiplied by gross weights of such aircraft)is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities,or weather-reporting and communication activities related to air traffic control,any areas of land or water,or estate therein,or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction,operation,and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing(1)boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto;(2)the location and nature of all existing and proposed airport facilities and structures(such as runways,taxiways,aprons,terminal buildings,hangars and roads),including all proposed extensions and reductions of existing airport facilities;and(3)the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment,revision,or modification thereof,shall Nard 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 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 'Nor the provision of similar services or benefits,or(b)the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land,when the land is no longer needed for such purposes,at fair market value,at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States'share of acquisition of such land will,at the discretion of the Secretary,(1)be paid to the Secretary for deposit in the Trust Fund,or (2)be reinvested in an approved noise compatibility project as prescribed by the Secretary,including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program. b. For land purchased under a grant for airport development purposes(other than noise compatibility),it will,when the land is no longer needed for airport purposes,dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States'share of the cost of acquisition of such land will,(1)upon application to the Secretary,be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system,or(2)be paid to the Secretary for r deposit in the Trust Fund if no eligible project exists. Airport Assurances(3/2005) 12 c. Land shall be considered to be needed for airport purposes under this assurance if(1)it may be needed for aeronautical purposes(including runway protection zones)or serve as noise buffer land,and(2)the revenue Ned from interim uses of such land contributes to the financial self-sufficiency of the airport. Further,land purchased with a grant received by an airport operator or owner before December 31, 1987,will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987,was notified by the operator or owner of the uses of such land,did not object to such use,and the land continues to be used for that purpose,such use having commenced no later than December 15, 1989. d. Disposition of such land under(a)(b)or(c)will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract,or sub-contract for program management,construction management,planning studies,feasibility studies,architectural services,preliminary engineering,design,engineering,surveying,mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies,Standards,and Specifications. It will carry out the project in accordance with policies,standards,and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects,dated and included in this grant,and in accordance with applicable state policies,standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. (I)It will be guided in acquiring real property, to the greatest extent practicable under State law,by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B.(2)It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24.(3) It will make available within a reasonable period of time prior to displacement,comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit,to the maximum extent practicable,intercity buses or other modes of transportation to have access to the airport,however,it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race,color,national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure Airport Assurances(3/2005) 13 non discrimination in the award and administration of DOT-assisted contracts.The recipient's DBE program,as required by 49 CFR Part 26,and as approved by DOT,is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program,the Department may impose sanctions as provided for under Part 26 and may,in appropriate cases,refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense,the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport(as defined in section 47102 of title 49,U.S.C.)has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport,the airport owner or operator shall transmit a report to the Secretary that- 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated;and 3. Provides a time frame within which,if any,the airport will be able to accommodate the requests. Nome 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. *400'" Airport Assurances(3/2005) 14 CURRENT FAA ADVISORY CIRCULARS FOR AIP/PFC PROJECTS • Updated on:6/15/05 The Following Apply to Both AIP and PFC Projects Number Title 70/7460-1 K and Change 1 Obstruction Marking and Lighting 150/5000-13 Announcement of Availability—RTCA Inc.,Document RTCA-221,Guidance and Recommended Requirements for Airport Surface Movement Sensors 150/5070-6A Airport Master Plans 150/5200-28B Notices to Airmen(NOTAMS)for Airport Operators 150/5210-5B Painting,Marking and Lighting of Vehicles Used on an Airport 150/5210-7C Aircraft Fire and Rescue Communications 150/5210-13A 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 150/5220-4B Water Supply Systems for Aircraft Fire and Rescue Protection 150/5220-10B 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 150/5220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220-19 Guide Specification for Small Agent Aircraft Rescue and Firefighting Vehicles 150/5220-20 and Change 1 Airport Snow and Ice Control Equipment 150/5220-21 B Guide Specification for Devices Used to Board Airline Passengers With Mobility Impairments 150/5220-22 and Change 1 Engineered Materials Arresting Systems(EMAS)for Aircraft Overruns 150/5300-13 and Changes 1 Airport Design through 7 150/5300-14 and Changes 1 Design of Aircraft Deicing Facilities through 2 150/5320-5B Airport Drainage 150/5320-6D and Change 1 Airport Pavement Design and Evaluation 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 and Change 1 Management of Airport Industrial Waste 150/5320-16 Airport Pavement Design for the Boeing 777 Airplane 150/5325-4A and Change/ Runway Length Requirements for Airport Design 150/5335-5 and Change 1 Standardized Method of Reporting Pavement Strength PCN 150/5340-1 H and Change 1 Standards for Airport Markings 150/5340-4C and Changes 1 Installation Details for Runway Centerline Touchdown Zone Lighting Systems through 2 150/5340-5B and Change/ Segmented Circle Airport Marker System 15015340-14B and Changes 1 Economy Approach Lighting Aids through 3 150/5340-17B Standby Power for Non-FM Airport Lighting Systems 150/5340-18C and Change 1 Standards for Airport Sign Systems 15015340-21 Airport Miscellaneous Lighting Visual Aids 150/5340-23B Supplemental Wind Cones 150/5340-24 and Change 1 Runway and Taxiway Edge Lighting System 150/5340-27A Air-to-Ground Radio Control of Airport Lighting Systems 150/5340-28 Low Visibility Taxiway 150/5340-29 Installation Details for Land and Hold Short Lighting Systems 150/5345-3E Specification for L-821 Panels for Control to Airport Lighting 150/5345-5A Circuit Selector Switch 150/5345-7E Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-10E Specification for Constant Current Regulators Regulator Monitors 150/5345-12C Specification for Airport and Heliport Beacon 150/5345-13A Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26C Specification for L-823,Plug and Receptacle,Cable Connectors 150/5345-27C Specification for Wind Cone Assemblies *ftr.r 150/5345-28D and Changel Precision Approach Path Indicator Systems(PAPI) 150/5345-39B and Change 1 FAA Specification L-853,Runway and Taxiway Centerline Retroreflective Markers 15015345-42C and Change 1 Specification for Airport Light Bases,Transformer Housings,Junction Boxes and Accessories 150/5345-43E Specification for Obstruction Lighting Equipment 150/5345-44F and Change 1 Specification for Taxiway and Runway Signs 150/5345-45A Lightweight Approach Light Structure 150/5345-46B Specification for Runway and Taxiway Light Fixtures 150/5345-47A Isolation Transformers for Airport Lighting Systems 150/5345-49A Specification L-854,Radio Control Equipment 150/5345-50 and Change 1 Specification for Portable Runway Lights 150/5345-51 and Change 1 Specification for Discharge-Type Flasher Equipment 150/5345-52 Generic Visual Glideslope Indicators(GVGI) 150/5345-53B Airport Lighting Equipment Certification Program 150/5345-MA and Change 1 Specification for L-1884 Power and Control Unit for Land and Hold Short 150/5345-55 Lighted Visual Aid to Indicate Temporary Runway Closure 150/5360-9 Planning and Design of Airport Terminal Facilities at Non-Hub Locations 150/5360-120 Airport Signing&Graphics 150/5360-13 and Change 1 Planning and Design Guidance for Airport Terminal Facilities 150/5370-2E Operational Safety on Airports During Construction 150/5370-10A and Changes 1 Standards for Specifying Construction of Airports through 13 150/5380-6 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 Number Title 150/5100-14C Architectural, Engineering,and Planning Consultant Services for Airport Grant Projects 150/5100-17 and Changes 1 Land Acquisition and Relocation Assistance for Airport Improvement Program through 4 Assisted Projects 150/5200-30A and Changes 1 Airport Winter Safety and Operations through 5 150/5200-33 Hazardous Wildlife Attractants on or Near Airports 150/5300-15 Use of Value Engineering for Engineering Design of Airport Grant Projects 150/5370-6B Construction Progress and Inspection Report—Airport Grant Program 150/5370-11 and Change 1 Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370-12 Quality Control of Construction for Airport Grant Projects The Following Additional Apply to PFC Projects Only Number Title 150/5000-12 Announcement of Availability--Passenger Facility Charge (PFC)Application (FAA Form 5500-1) STANDARD DOT TITLE VI ASSURANCES The City of Renton, (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations")to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b))will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and (b) for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance. Page 1 of 2 STANDARD DOT TITLE VI ASSURANCES (Continued) 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED City of Renton (Sponsor) (Signature of Authorized Official) Page 2 of 2 CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor")agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. the contractor shall not participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or lease of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviatior, Administration (FAA)to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contract is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract,the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). 1. The (grantee, licensee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.)for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. REQUIRED STATEMENTS AIRPORT IMPROVEMENT PROGRAM PROJECTS AIRPORT: Renton Municipal Airport/Clayton Scott Field LOCATION: Renton,Washington AIP PROJECT NO.: STATEMENTS APPLICABLE TO THIS PROJECT X a. INTEREST OF NEIGHBORING COMMUNITIES: In formulating this project,consideration has been given to the interest of communities that are near(Exact name of airport)The Renton Municipal Airport/Clayton Scott Field. X b. THE DEVELOPMENT PROPOSED IN THIS PROJECT will not require the use of publicly owned land from a public park, recreation area,wildlife and fowl refuge,or a historical site under Federal, State, or Local jurisdiction. X c. FBO COORDINATION: The airport development proposed in this project has been coordinated with the Fixed Base Operator(s)utilizing (Exact name of airport) ,and they have been informed regarding the scope and nature of this project. X d. THE PROPOSED PROJECT IS CONSISTENT with existing approved plans for the area surrounding the airport. The above statements have been duly considered and are applicable to this project. (Provide comment for any statement not checked). BY: Ryan Zulauf DATE: TITLE: Airport Manager SPONSORING AGENCY: City of Renton NOTE: Where opposition is stated to an airport development project,whether expressly or by proposed revision,the following specific information concerning the opposition to the project must be furnished. a. Identification of the Federal,state,or local governmental agency,or the person or persons opposing the project; b. The nature and basis of opposition; c. Sponsor's plan to accommodate or otherwise satisfy the opposition; d. Whether an opportunity for a hearing was afforded,and if a hearing was held,an analysis of the facts developed at the hearing as they relate to the social,economic,and environmental aspects of the proposed project and its consistency with the goals and objectives of such urban planning as has been carried out by the community. e. If the opponents proposed any alternatives,what these alternatives were and the reason for nonacceptance; f. Sponsor's plans,if any,to minimize any adverse effects of the project; g. Benefits to be gained by the proposed development;and h. Any other pertinent information which would be of assistance in determining whether to proceed with the project. CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL 'Disclosure of Lobby Activities", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipents shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed Date Sponsor's Authorized Representative Title CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: (b) Establishing an ongoing drug-free awareness program to inform employees about- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (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) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or Pase 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) 616 West Perimeter Road, Unit A, Renton WA 98055 Check ❑ if there are workplaces on file that are not identified here. Signature of certifying official Airport Manager Title Date 11111 Page 2 of 2 TITLE VI PRE-AWARD SPONSOR CHECKLIST Airport/Sponsor: Renton Municipal Airport/Clayton Scott Field *if.? AIP#: Project Description(s): AirsidelLandside Separation project—Phase II (Perimeter fencing and gates) 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. X 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. X 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. X 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. X 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 98055-4056. FAX: (425) 227-1009 Phone (425) 227-2009 For more Title VI information visit the Civil Rights website at http://www.nw.faa.qov/civilrights/home.htm CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FAA'S AIRPORT IMPROVEMENT PROGRAM (AIP) GRANT APPLICATION AND ACCEPTANCE DOCUMENTS TO HELP FUND THE CONSTRUCTION OF PHASE TWO OF THE AIRSIDE/LANDSIDE SEPARATION IMPROVEMENT PROJECT, AND AUTHORIZING THE AIRPORT MANAGER AS THE CITY'S OFFICIAL REPRESENTATIVE IN THIS MATTER. WHEREAS, the City completed and adopted the 2002 Airside, Landside Separation Study; and WHEREAS, the Study identified the need to establish a better separation between vehicular traffic, aircraft operations and perimeter fence security at the Airport; and WHEREAS, the improvements identified in the Study have been broken into separate phases; and WHEREAS, the Phase One of improvements (perimeter fencing and gates) were implemented in 2002; and WHEREAS, the Phase Two of improvements (perimeter fencing and gates) will be constructed during the summer of 2006; and WHEREAS, the Federal Aviation Administration (FAA) has designated a $150,000 Airport Improvement Program (ATP) grant to the Renton Airport for construction of this project, which will assist the City in offsetting the cost of the project; and 1 RESOLUTION NO. WHEREAS,Ryan Zulauf is the Airport Manager for the City of Renton and is the official representative of the City to act in connection with this application and to provide such additional information as may be required; 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 IL The City Council does hereby authorize the Mayor and City Clerk to execute the FAA's AIP grant application and acceptance documents for construction of Phase Two of the Airside/Landside Separation Improvement Project, and authorizes Airport Manager Ryan Zulauf to act as the official representative of the City in connection with this application. PASSED BY THE CITY COUNCIL this day of , 2006. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2006. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1190:6/2/06:ma 2 CITY OF RENTON COUNCIL AGENDA BILL 1 m#: 6. -8, . 1 Submitting Data: For Agenda of: 06/12/2006 Dept/Div/BoardAJLS/City Clerk Staff Contact Bonnie I. Walton Agenda Status Consent X Subject: Public Hearing.. Appeal of Hearing Examiner's decision dated 4/25/2006 Correspondence.. regarding Rainier Mixed Use South Parking Lot Ordinance (Administrative Site Plan review File No. LUA-04-093 Resolution SA and Variance review File No. LUA-05-133 V) Old Business Exhibits: New Business A. City Clerk's letter(5/30/2006) Study Sessions B. Appeal - JDA Group, LLC (5/8/2006) Information C. Hearing Examiner's Report & Decision (4/25/2006) Recommended Action: Approvals: Refer to Planning and Development Committee Legal Dept Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Appeal of the Hearing Examiner's decision on the Rainier Mixed Use South Parking Lot was filed on 5/8/2006 by Baylis Architects, Representative for JDA Group, LLC, accompanied by the required $75 fee. STAFF RECOMMENDATION: Take action on the Rainier Mixed Use South Parking Lot appeal. Rentonnet/agnbill/ bh ( Y O © + CITY OF RENTON City Clerk Kathy Keolker,Mayor Bonnie I.Walton INTO May 30, 2006 APPEAL FILED BY: JDA Group, LLC RE: Appeal of Hearing Examiner's decision dated 4/25/2006 regarding JDA Group, LLC's application to construct 27 parking spaces within a surface lot associated with Chang's Mongolian Grill restaurant, involving Administrative Site Plan review(File No. LUA-04- 093, SA) and Variance review(File No. LUA-05-133, V) To Parties of Record: Pursuant to Title IV, Chapter 8, Renton City Code of Ordinances, written appeal of the hearing examiner's decision on the Rainier Avenue Mixed-Use South Parking Lot project has been filed with the City Clerk. In accordance with Renton Municipal Code Section 4-8-110F, the City Clerk shall notify all parties of record of the receipt of the appeal. Other parties of record may submit letters in support of their positions within ten(10)days of the date of mailing of the notification of the filing of the appeal. The deadline for submission of additional letters is June 9, 2006. NOTICE IS HEREBY GIVEN that the written appeal and other pertinent documents will be reviewed by the Council's Planning and Development Committee. The Council liaison will �► notify all parties of record of the date and time of the Planning and Development Committee meeting. If you are not listed in local telephone directories and wish to attend the meeting, please call the Council liaison at 425-430-6501 for information. The recommendation of the Committee will be presented for consideration by the full Council at a subsequent Council meeting. Attached is a copy of the Renton Municipal Code regarding appeals of Hearing Examiner decisions or recommendations. Please note that the City Council will be considering the merits of the appeal based upon the written record previously established. Unless a showing can be made that additional evidence could not reasonably have been available at the prior hearing held by the Hearing Examiner, no further evidence or testimony on this matter will be accepted by the City Council. For additional information or assistance,please feel free to call me at 425-430-6502. Sincerely, 661(444t //kate-7.- Bonnie I. Walton City Clerk/Cable Manager Attachments Nr► cc: Council Liaison 1055 South Grady Way-Renton, Washington 98055-(425)430-6510/FAX(425)430-6516 RENTON AHEAD OP TT-IV ,TTovc APPEAL OF HEARING EXAMINER'S DECISION/RECOMMENDATION TO RENTON CITY COUNCIL FILE NO. Z.I49 4'41' 092/ l J4 e75-- APPLICATION am- -APPLICATION NAME - of ✓ L-/ .. 7 e Noir The undersigned interested party hereby files its Notice of Appeal from the decision oiCilNYntigififith of the Land Use Hearing Examiner, dated ,01,-/e/e-._ Z5 , 20 c MAY 0 8 2006 .f:30 1. IDENTIFICATION OF PARTY 1 RECEIV OFFICE APPELLANT: REPRESENTATIVE(I� Name: .../.0/q 4,ec7t p Name: ,, Afil/s .���.s��� �•� Address: 95 Address: /0 / ti it A/7z-N, Ygo53' �i-'i�_c--vvE ZA).11 2. SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: FINDING OF FACT: (Please designate number as denoted in the Examiner's Report) 7- No. No. Error: _ Correction: CONCLUSIONS: f� No. Error: L' P(rl Correction: OTHER: No. Error: C• ection: 3. SUMMARY OF ACTION REQUESTED The City Council is requested to grant the following relief: (Attach explanation, if desired) Reverse the decision or recommendation and grant the following relief: Modify the decision or recommendation as follows: Remand to the Examiner for further consideration as follows: Other � " %�'�� Appe /4fee,Lirre,a .6740/e le resentative Signature Date NOTE: Please refer to Title IV,Chapter 8,of the Renton Municipal Code,and Section 4-8-110F,for specific appeal procedures. ce; Lar-r.( t.5 re..,, C;ty MI-Orrt ey H:\CITY CLERK\APPEAL\APPEAL to Council.doc r e'I �,a� n tv Svcs 171rE .. f reel W 1uA?Mtth_ Ulr;r1 �-�vri:nPr City of Renton Municipal Code•Title IV Chanter 8 Section 110 Appeals 4-8-11004 The notice of appeal shall be accompanied by a fee in accordance with RMC 4-1-170,the fee schedule of the City. (Ord. 3658, 9-13-82) Now 4-$-110P: Appeals to City Council—Procedures 1. Time for Appeal: Unless a specific section or State law providing for review of decision of the Examiner requires review thereof by the Superior Court or any other body,any interested party agglievell by the Examiner's written decision or recommendation may submit a notice of appeal to the CityCouncil,upon a form furnished by the City Clerk, within fourteen(14)calendar days from the date of the Examiner's written report. 2. Notice to Parties of Record: Within five (5)days of receipt of the notice of appeal, the City Clerk shall notify all parties of record of the receipt of the appeal. 3. Opportunity to Provide Comments: Other parties of record may submit letters in support of their positions within ten (10)days of the dates of mailing of the notification of the filing of the notice of appeal. 4. Transmittal of Record to Council: Thereupon the Clerk shall forward to the members of the City Council all of the pertinent documents, including the written decision or recommendation, findings and conclusions contained in the Examiner's report, the notice of appeal,and additional letters submitted by the parties. (Ord. 3658, 9-13-1982) 5. Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the hearing before the Examiner. If the Council determines that additional evidence is required, the Council shall remand the matter to the Examiner for reconsideration and receipt of additional evidence. The cost of transcription of the hearing record shall be borne by the applicant. In the Now absence of an entry upon the record of an order by the City Council authorizing new or additional evidence or testimony, and a remand to the Hearing Examiner for receipt of such evidence or testimony,it shall be presumed that no new or additional evidence or testimony has been accepted by the City Council,and that the record before the City Council is identical to the hearing record before the Hearing Examiner. (Ord.4389, 1-25-1993) 6. Council Evaluation Criteria: The consideration by the City Council shall be based solely upon the record, the Hearing Examiner's report, the notice of appeal and additional submissions by parties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to RMC 4-1-050F1, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, it may remand the proceeding to Examiner for reconsideration, or modify, or reverse the decision of the Examiner accordingly. 8. Council Action: If, upon appeal from a recommendation of the Hearing Examiner upon an application submitted pursuant to RMC 4-1-050F2 and F3,and after examination of the record,the Council determines that a substantial error in fact or law exists in the record, or that a recommendation of the Hearing Examiner should be disregarded or modified, the City Council may remand the proceeding to the Examiner for reconsideration,or enter its own decision upon the application. 9. Decision Documentation: In any event, the decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Hearing Examiner. Each material finding shall be supported by substantial evidence in the record. The burden of proof shall rest with the appellant. (Ord 3658,9-13-1982) Nome 10. Council Action Final: The action of the Council approving, modifying or rejecting a decision of the Examiner shall be final and conclusive, unless appealed within the time frames established under subsection G5 of this Section. (Ord. 4660, 3-17-1997) BAYLIS ARCHITECTS 10801 Main Street Bellevue,WA 98004 T 425 454 0566 www.baylisarchitects com May 8, 2006 CITY OF RENTON MAY 0 8 2006 RECEIVED City Council Members OM CLERKS$OFFICE c/o City Clerk City of Renton 1055 S. Grady Way Renton WA 98055 RE: Rainier Ave Mixed Use JOB NO.: M2-0589 FILE NO.: LUA 04-093, ECF, SA-A, LUA 05-133,V-H Subject: Appeal of Examiner's Decision Dear Council Members: On behalf of the JDA Group, LLC,we submit this appeal of the hearing examiner's decision of the referenced application. We request that, after examination of the record, Council determine that substantial errors in fact and in law exist in the record, that the Council reverse the decision of the Examiner accordingly, and that Council enter its own decision upon the application. This application is for Site Plan Approval and for a Tree Cutting and Clearing Variance related to the installation of a surface parking lot in a Commercial Arterial Zone. The existing area of the proposed parking lot contains a small,low class wetland,which at the time of application, was highly contaminated with neighborhood trash, tires and noxious weeds. The site also contains steep slopes which will not be touched by the proposed improvements, and a small, intermittent watercourse in a shallow ditch fully contained within the wetland area. History as included in the record. Because of the underlying CA zoning and the poor condition of the wetland area, the applicant and city staff have worked diligently for the last four years to find an environmentally and economically responsible solution for the productive use of this property. In 2004,the owner retained the services of a wetlands consultant,Celeste Botha,regionally recognized for her work,including working directly for other Eastside municipalities. She conducted an on-site delineation,prepared a wetland report and became an integral part of the owner's design team,working for a solution with the city staff.Her leadership developed the concept that enlarging, enhancing and protecting an adjacent,higher and more productive wetland was environmentally far better than trying to salvage the subject small,low class and contaminated wetland.Thus the concept for re-development of the site was initiated. In early 2004,with city staff's conceptual agreement, the owner authorized the wetlands consultant and the landscape architect to proceed with the preparation of the detailed staging,mitigation and landscaping plan, Renton City Council- Appeal May 8th, 2006 Page 2 which was completed in July 2004. This report was reviewed by city staff,and with their concurrence of the reasonableness of its conclusions, the owner then authorized the civil engineer to proceed with all the construction documents,including analysis of the drainage courses and existing culverted outflows,and to proceed with the construction permits application. During the permit review process,it was identified that the Renton Municipal Code requires that a Tree Cutting and Clearing Variance must be granted before any wetland can be filled... no matter the quality of the wetland being filled nor the wisdom and strength of the proposed mitigation enhancements.This variance can only be granted by the examiner.And,since the project was now to go the examiner,so also must go the Site Plan Approval application,which up to this time was being reviewed by the administration. Thus,what was thought for four years to be a straight forward administrative application,resulting in an environmental and economic win-win,now fell into the cogs of municipal processing. Errors in the Findings of Fact and in Law During the course of the hearing,the examiner questioned the classification of the wetland, the enhancement plan for the adjacent higher category wetland,the value of the increased buffers of the adjacent wetland,the existing lack of surface water storage capacity of the wetland,and the relationship of the watercourse to the wetland;all issues which,as advanced in the examiner's report,he did not understand that led to substantial errors in fact and in law. Wetland Classification,Adjacent Enhancement and Fill The classification of the wetland has clearly become a pivotal issue for the examiner and clearly impacts his decision. On this point,it remains most important to note that,as demonstrated in its decision, the independent Environmental Review Committee accepted the wetland classification as Class 3,agreed with the value of the enhancements proposed for the adjacent Class 2 wetland,supported the buffer enhancements proposed and agreed with the proposal to fill the small Class 3 wetland. The ERC put 5 mitigation measures into its revised determination,all of which are common mitigations in our city and to all of which the applicant has agreed.Further,it is important to note that,although there are many parties of record,no appeals of the ERC's revised determination were filed,and no other members of the public attended the examiner's hearing.Thus, the matter of wetland classification,which is the preview only of the ERC as point of law,is and should not have been before the examiner. Further,as a follow-up to the hearing, and at the examiner's request, the Development Services Director again issued the decision"that the wetland is a Class 3 wetland". Yet the examiner remains un-extricated from this issue.As demonstrated in finding 14, the examiner,in noting receipt of the Development Services Director's decision,purposefully uses a disjunctive which clearly belies the fact that the examiner remains unconvinced. This opinion tainted the hearing as well as the report (pp. 3,4& 5).It overshadowed the value of the proposed mitigation measures and led to the dramatic,yet false,Conclusion 10: "Asphalting a wetland and culverting a creek does not do much to mitigate impacts to the subject site."Even Finding 6 recognizes only that the"second wetland would be enhanced to offset filling",which is factually in error as it totally misses that the second wetland would be substantially enlarged, the eastern buffer would be totally rebuilt after the decades of tires and garbage are removed, and the Now, Renton City Council-Appeal °'e May 8th, 2006 Page 3 renewed wetland would be fenced along the eastern edge where it is most vulnerable to the impacts of human trespass. Storage Capacity of the Wetland During the hearing,the examiner questioned"if the wetland is filled,will it displace water around it"(p 4, Para. 1).AHBL,the project civil engineer,addressed this concern in its testimony. Further,as demonstrated in the construction documents,which are and have been on file with the city,and are part of the record,the engineer shows that the existing wetland has no existing surface water storage capacity,since the outflow of the wetland equals the inflow elevation of the existing culvert drainage pipe.Thus,no surface water storage capacity is being displaced.Yet the examiner notes,after the engineer's testimony,that he remains concerned "the first flush won't be swept off into the lake"(p 5,Para. 6).On this issue,city staff noted that it"did not know for sure",...a most unfortunate statement,since the plans had been under review for more than a year. Staff's statement led the examiner to conclude that"he would need to know this information prior to doing any work."Perhaps a factual statement,given staff's testimony,but certainly not a conclusion based on the actual facts. Relationship of the Wetland and the Watercourse Finding 15 notes that"There is an onsite watercourse that drains the wetland area..."This finding is not correct.As shown in the drawings of the application,the wetland connects directly to a culvert,which is the drain for the wetland. Finding 15 infers that the wetland precedes the watercourse and contributes to the water quality of the watercourse. In fact,the uplands seepage and city controlled roadway culvert drainage flow into the watercourse,which,in turn drains to the wetland area and then immediately into the culvert. This water remains in a culvert as it passes under the adjacent paved car lot,under Rainier Ave. and under the airport... all the way to the final daylight at Lake Washington. As a final note, although not a finding of fact or law, the examiner expressed concern as to the length of culvert being proposed. As proposed in the application,the culvert ends west of the parking lot edge, extending under the full length of the westerly sloped grades. It should be noted that this length can be reduced by constructing an ecology block retaining wall at the edge of the new parking lot pavement and shortening the culvert. Finally,we would like to draw the Council's attention to the testimony of the staff on this application.After years of analysis and scrutiny by staff and the many technical consultants,staff concluded that"The applicant has justified the variance request..." (p 2,Para. 5). We encourage and look forward to your favorable consideration,and again,ask the Council to find that there are substantial errors in fact and in law in the record, that the Council reverse the decision of the Examiner accordingly,and that Council enter its own decision upon the application by approving the application as presented by the staff report. w � ,. Renton City Council-Appeal May 8th, 2006 Page 4 Thank you for your consideration. Sincerely, BAYLIS ARCHITECTS Meredith Everist for Richard L. Wagner, AIA cc:JDA Group-Jack Alhadeff AHBL- Matt Weber Riley Group- Celeste Botha Fred Kaufmann, City of Renton Hearing Jennifer Toth Henning, City of Renton, Senior Planner RLW: jlc a on OF R8frON _ MAY 0 8 2( BAYLIS A RCIII 'Cr PECENED ,;AV . .47--4.._ 10801 Main Street Bellevue,WA 98004 T 425 454 0566 IF 425 453 8013 www.baylisorchitects.com TO City of Renton, City Council Members 0 Mail JOB NO M5-0106 1055 South Grady Way 0 FAX RE Rainier Station Renton,WA 98055 0 Courier FILE ATTENTION ❑x Delv. DATE 5/8/2006 ❑ Enclosed OO Copy of Letter 0 Prints FAX ❑ Original 0 Shop Drawing 0 Disk PAGES COPIES DATED DESCRIPTION 1 5/8/2006 Request for Appeal of Examiner's Decision ` vaid These are transmitted as checked below ❑ For approval 0 As requested 0 Approval as noted 0 Correct and re-submit ❑ For your use 0 For review and comment 0 Approval as submitted 0 Forwarded without review Remarks Copy to: Jack Alhadef,JDA Group, 95 South Tobin, Suite 201, Renton, WA 98055 Jennifer Toth Henning, City of Renton, 1055 South Grady Way, Renton,WA 98055 Matt Weber, AHBL, 2215 North 30th Street, Suite 300, Tacoma,WA 98403 Fred Kaufman, City of Renton, 1055 South Grady Way, Renton,WA 98055 Celeste Botha, Riley Group, 2025 S. Norman Street, Seattle,WA 98144 0 Mail ❑ FAX Signed Thank You, O Courier Meredith April 25,2006 OFFICE OF THE HEARING EXAMINER Nome CITY OF RENTON Minutes APPLICANT/OWNER: JDA Group,LLC I.D. Kline Corporation 95 S Tobin Street Renton, WA 98055 Rainier Mixed Use South Parking Lot File No.: LUA 04-093, ECF, SA-A And LUA 05-133, V-H LOCATION: West of Rainier Avenue North and north of Chang's Mongolian Grill. Southeast of NW 6th Street. South Parcel, 20.012 square feet and a north parcel 59,951 square feet. SUMMARY OF REQUEST: Administrative Site Plan and Variance review for the construction of 27 parking spaces within a surface lot associated with Chang's Mongolian Grill restaurant. SUMMARY OF ACTION: Development Services Recommendation: Approve with conditions Nare DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on March 7,2006. PUBLIC HEARING: After reviewing the Development Services Report,examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the March 14, 2006 hearing. The legal record is recorded on CD. The hearing opened on Tuesday,March 14, 2006,at 9:03 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: . Exhibit No. 1: Yellow file containing the original Exhibit No.2: Neighborhood Map application,proof of posting,proof of publication and other documentation pertinent to this request. Exhibit No.3: Overall Site Plan Exhibit No.4: South Lot and South Wetland Fill Plan Exhibit No. 5: North Wetland Enlargement and Exhibit No. 6: Conceptual Planting Plan Enhancement Plan 41111 Rainier Mixed Use South Parking Lot File No.: LUA-04-093,ECF, SA-A and LUA-05-133, V-H April 25,2006 Page 2 NINO Exhibit No. 7: Demolition and TESC Plan Exhibit No.8: Parking Lot Grading and Drainage Plan Exhibit No.9: North Wetland Grading and Drainage Exhibit No. 10: Zoning Map Plan Exhibit No 11: ERC Mitigation Measures Exhibit No. 12: Letter from Kathy Curry,The Watershed Company,dated August 31,2004 Exhibit No 13: Letter from Hugh Mortensen,The Watershed Company,dated December 13,2005 The hearing opened with a presentation of the staff report by Keri Weaver, Senior Planner, Development Services,City of Renton, 1055 S Grady Way,Renton, Washington 98055. The proposal would create a 27 stall parking lot on approximately 20,000 square feet of a 1.55 acre parcel located on the west side of Rainier Avenue North with a driveway connection from the existing Chang's Mongolian Grill parking lot located off of Rainier. This is proposed to provide overflow parking for the restaurant and to accommodate the current rush hour parking shortages on the existing parking lot. The site of the south wetland area has significant areas of steep slopes with ravines and wetlands located at the bottom of those slopes and are largely wooded at this time. The site is bounded by residential properties to the west,the large change in grade does provide a natural separation buffer. The site is zoned Commercial Arterial (CA)and the parking lot is a permitted use within that zone. The proposed design of the parking lot drainage and access points does comply with the zone requirements. In order to construct a parking lot on this location, it will be necessary to fill a small area of wetland and wetland buffer on a wetland that has been identified by the applicant as meeting the requirements of a Category 3 wetland classification. This wetland is located on the south side of the property between two areas of steep slopes. The applicant proposed to mitigate this impact to the wetland by offsite creation and enhancement at a ratio of 1.5: 1 on what is referred to as the north wetland,a Category 2 wetland on a non-contiguous property under the same ownership. The applicant also proposed buffer averaging for the north wetland with a 25-foot buffer instead of 50-feet on the east side,which is currently under review as Rainier Station. There is an onsite watercourse extending from the Category 3 wetland that is proposed to be culverted to accommodate the parking lot. In order to remove trees and vegetation within 25-feet of this watercourse area,a variance will be required. The project is not subject to the current critical areas regulations. The applicant has justified the variance request by demonstrating hardship caused by the topographical limitations of the property including steep slopes, wetlands and the on-site watercourse that does prevent the majority of the site from being used for commercial development as allowed by zoning without significant alteration of the terrain and removal of sensitive areas. The project represents a minimal disturbance of the property. Mitigation conditions will be imposed through the SEPA DNS-M and the site plan conditions to prevent erosion and runoff and disturbance to wetland areas and to enhance an off-site wetland of a higher category. soled Prior to final approval, additional information will be necessary to finalize the category determination of the south wetland. Consultants have indicated that it may meet the requirements for a Category 2 wetland. This Rainier Mixed Use South Parking Lot File No.: LUA-04-093,ECF, SA-A and LUA-05-133,V-H April 25,2006 Nars Page 3 does not impact the applicant's vested ability to undertake the proposed partial fill or to place the parking lot in the desired location. The Examiner stated that we should know what the category of the wetland actually is before proceeding any further. Ms. Weaver stated she had been informed that they could proceed with preliminary approval,as the location of the parking lot would not need to be altered, it was the off-site mitigation that could be required to increase on the north wetland without having an effect on the south wetland. If it is determined that the south wetland meets the requirements of a Category 2 wetland the applicant would be required to undertake additional off-site mitigation that would occur on the north wetland by increasing wetland creation,enhancements or buffers. A Category 3 wetland normally requires a 25-foot buffer and a Category 2 would require 50-feet. The modification to the parking was requested because currently Chang's has sufficient parking under code to serve the size of the restaurant. They requested a modification in order to provide additional parking off-site. It was determined,after review, that there is sufficient traffic and need to justify this modification. There was discussion regarding the removal of the natural detention provided by the wetland and whether or not that would contribute to future downstream problems or flooding. N'' Rich Wagner,Baylis Architects, 10801 Main Street, Ste. 110,Bellevue, WA 98004 stated that the goals of the project were to make a commercially zoned property productive. There is an existing restaurant that could be much more productive, there are not a lot of alternative uses for a site like this and in this particular area given the boulevard that it is on, there is an immense amount of traffic but not a lot of transit. The City does try to keep the amount of asphalt low and yet access high. The City parking cap is not necessarily applicable here and that is why they have asked for the modification. This site is separated from the residential and the residential people have been advised about this potential rezone. There have been no comments from these people concerning this application. The parking lot is going to be an important aspect to the existing restaurant, it is also believed that as this area continues to redevelop that parking lot will be in the right location. The quality of this wetland,based on research, is not the same quality as the Class 2 that is to the north. By enhancing the Class 2 the neighborhood is getting a better environment from this change. The Examiner stated that there is dispute over the wetland. The Category of that wetland has been undecided. Mr. Wagner stated that experts had been brought in to make a determination. Last year the City did invite an opinion from the Watershed Company, they did an independent investigation. Those findings were never seen until just a couple of months ago. Last year Watershed did another analysis. There seems to be two professional opinions that do not agree. The Examiner stated that that may be the case, but at this point he does not have the information that is needed to make a decision on this property. The City and applicant can resolve it and find it is a Category 2, or the City can decide that it is a Category 3 and then go ahead and expend the north wetland further. A third option is that the applicant can appeal the determination of the category of the wetland. Rainier Mixed Use South Parking Lot File No.:LUA-04-093,ECF, SA-A and LUA-05-133, V-H April 25,2006 Page 4 NegiO He would like to know the category of the wetland that is proposed to be buried,along with the stream course that feeds it and beyond. Also,according to the report, it is not known if the wetland is filled will it displace water around it. Mr. Wagner stated that HBL has taken this project all the way to a building permit application and so it is known that it does accommodate a displacement. What he does not have is the documentation,but that can be presented to staff to make sure that that question is addressed and removed from the table. If for some unknown reason it were determined to be a Class 2 wetland,the actual work on this particular site would likely not change. The fill mitigation that is proposed on the north wetland is an expansion of a Class 2 wetland to mitigate the fill of the Class 3. The wetland itself continues up into the valley and there would be plenty of opportunity to buffer average in that area. HBL was brought in two years ago for the examination of this site,basically the intent is to clean up the trash and continue to clean up any noxious weeds that show up. The wetland area is fairly well cleaned up currently and that is because when the applicant took over ownership of the property they went in and cleaned the area. This site is owned by JDA Group. Because the site is so close to the Lake Washington basin, it was inappropriate to have retention/detention here, however,they were striving for water quality and that is why the biofiltering is being proposed. The Examiner stated that he would probably not close the hearing,Ms. Weaver is not at liberty to make that kind of decision at this hearing. The record would be held open until the matter is clarified. The City has environmental amenities that they try to protect, wetlands get moved, creeks can be put underground in a ditch or pipe and that may not be appropriate. The drainage course may be rerouted. Celeste Botha,2025 S Norman Street,Seattle,WA 98144 stated that it might not be appropriate at this time for her to make a case for her determination. She went through the letter from the Watershed Company dated August 31,2004 and explained the issues covered therein. The hydrology patterns have been addressed by the hydrologists and the engineers and require no further interpretation. Permits from the state and federal government are also standard and will be handled at the appropriate time. The minimum buffer that is required is regulated by the ordinary high water mark of the stream and that is included in the wetland so that the stream buffer is inside the wetland itself. The stream flows from the west towards the east and comes from offsite to the west and then goes into a series of pipes into the lake. As far as disturbance to native buffer areas,that will be addressed in the next phase and refers to the north wetland area where the mitigation is going to occur. The delineation report explains why this area, although the water is very close to the surface, the Watershed Company accepted the delineation and therefore agreed that it did not meet the wetland criteria. The performance standards have been changed in the most recent revisions to the wetland report will be submitted soon. The request was to put in the parking lot prior to the mitigation measures on the north wetland being in place for 12 months. The mitigation measures on the north would be in place and completed before any work was started on the south lot, they just would not have been monitored for 12 months. Item 10 in the Watershed letter has been revised for future submittal. A five-year monitoring schedule will be provided. Rainier Mixed Use South Parking Lot File No.:LUA-04-093,ECF, SA-A and LUA-05-133, V-H April 25,2006 'fir.. Page 5 The next letter from Watershed dated December 13,2005 was the first time that the applicant became aware that Watershed was involved. This was the first that they became aware that the categorization of the south wetland was accurately delineated but there was some trouble with the categorization. The watercourses classification is difficult,the City did not originally classify watercourses. She discussed with the City and as she understood it, those sections of the Code were reserved. As far as buffers being increased where the slopes exceed 15%there is ample space on the project for this to occur, the drawings can be revised to show the increased buffer area. Mr. Wagner stated that in both letters from Watershed they talk about exploring different options,many options were explored although Watershed was not a part of that teamwork. The options are,you continue to add more parking or you reduce parking because of the topographic layout,this was the only option to develop the site in any usable way. One idea that Watershed did have was to not do a paper fill,but to do an ecology wall and that appeared to be a great idea. Ryan Jeffries,2215 North 30th Street,Tacoma, WA stated that he was here to speak about the drainage on the property, the existing watercourse flows from the west into the site through the wetland via the stream and is currently collected in a catch basin in the middle of the site. That flow from the stream is adequately conveyed through the existing City storm system. The proposal is to add 128 linear feet of culvert at the west edge of the parking lot and convey that into the existing system basically at its current locations. Approximately 120 feet of pipe will be added. The parking lot will be collected in a bio-infiltration facility at the south edge of the parking 'tawlot where it will be treated and also a measure of water quantity will be provided via the infiltration facility there, water quality and quantity will be provided in this proposed facility. That facility will overflow into a catch basin and drain into the City system at its current location on the site, which has adequate capacity. The surface water runoff flow rates will be increased slightly, however they will be mitigated via the infiltration facility that will be provided on-site so that the downstream system will not be significantly altered in terms of its flow rates. The water quality portion of the facility will meet the requirements in terms of removal of total suspended solids,oils, and grease which will all be treated in the bioswale. The Examiner stated that it is very difficult to rectify existing conditions along Rainier with all the facilities that are present but this facility should be designed so that the first flush won't be swept off into the lake. A wetland and a stream course are being buried to create a parking lot, which is not necessarily an environmental amenity. Mike Dotson, Development Services stated that the engineer addressed most of the Examiner's issues. They would need to demonstrate that the downstream system is sized to convey any future condition flows and that would be a requirement of their engineering design, if it did not they would be responsible to increase the system so that it would adequately convey flows. It was also mentioned that on-site detention would be provided to meet the design storm standards in order to mitigate their on-site runoff from the new impervious area they are creating. As to how much water storage capacity is being replaced by paving the wetland and the area adjacent to the wetland, he had not seen the report and so he did not know for sure. The Examiner stated that it would seem that the applicant would need to know this information prior to doing any work. In this area the water table is not that low and so it is impossible to just carve out a potential holding pond,you might not have the storage capacity there. Rainier Mixed Use South Parking Lot File No.: LUA-04-093,ECF,SA-A and LUA-05-133,V-H April 25,2006 Page 6 NIS Mr. Wagner stated that one of the things that has happened on this application is HBL, on behalf of the applicant,has actually filed for construction permits. It was a review of those construction permits that triggered a couple of the things that needed to be revised for the tree cutting ordinance, which brought forth the variances today. The application that had been filed with the City was suspended because of the processing of that construction permit pending this hearing. The information can be gathered and given to the Examiner if he wishes. The Examiner stated that he would close this session,but not the hearing. In order to go forward,he wants to know the Category or Classification of this wetland. If the parties wish to agree to the greater standard so it is final and done,that will be acceptable. The record will be open until that information is received. The Examiner called for further testimony regarding this project. There was no one else wishing to speak,and no further comments from staff. The hearing closed at 10:16 am. FINDINGS,CONCLUSIONS&RECOMMENDATION Having reviewed the record in this matter,the Examiner now makes and enters the following: FINDINGS: 1. The applicant,JDA Group,LLC,and I.D.Kline Corp.,filed a request for a Variance from the Tree Cutting and Land Clearing Regulations,as well as a Site Plan approval. 2. The yellow file containing the staff report,the State Environmental Policy Act(SEPA)documentation and other pertinent materials was entered into the record as Exhibit#1. 3. The Environmental Review Committee(ERC), the City's responsible official issued a Determination of Non-Significance-Mitigated(DNS-M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The primary subject site is located west of 505 Rainier Avenue North and southeast of NW 6th Street if that street were extended to the east. The site is located north of Chang's Mongolian Grill,a restaurant. If the variance allowing vegetation removal is approved,a parking lot would be developed to serve that restaurant. The applicant would also fill a portion of a wetland on this primary site to enable the construction of the parking lot. 6. A second parcel involved in the application is north of the first. It also contains a wetland. This second wetland would be enhanced to offset filling wetlands on the proposed parking lot parcel. 7. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of employment generating uses,but does not mandate such development without consideration of other policies of the Plan. 8. The subject site is currently zoned CA(Commercial Arterial). 9. The subject site was annexed to the City with the adoption of Ordinance 1461 enacted in November 1963. Rainier Mixed Use South Parking Lot File No.:LUA-04-093, ECF, SA-A and LUA-05-133, V-H April 25,2006 Page 7 10. The parcel is approximately 20,012 square feet. The applicant would develop approximately 9,200 square feet for the parking lot. 11. The south parcel contains approximately 16,600 square feet of wetlands while the north parcel contains approximately 21,700 square feet of wetland. 12. The applicant proposes filling approximately 2,017 square feet of wetland and 1,574 square feet of required buffer for total fill of 3,591 square feet to create the parking lot. 13. The parking lot would be northwest of the existing restaurant site. It would be to the rear of an auto repair business. It would be connected by an approximately 80-foot long aisle way to the existing restaurant. The parking lot aisle would be aligned in an east to west direction with the parking stalls oriented in two tiers with cars parked in a north to south orientation. The lot would accommodate 27 vehicles. 14. As noted,there is a wetland on the subject site. The wetland is at the base of a ravine in the slopes above Rainier Avenue. The wetland was categorized by the applicant's wetland consultant as a Category 3 Wetland. The City's wetland consultant categorized it was a Category 2 Wetland. The status was unresolved at the time of the public hearing. Subsequent to the hearing,on April 6,2006,the Development Services Director issued a decision that the wetland is a Category 3 wetland but noted in that decision that it appeared to be a close call. '%1Nrr 15. There is an onsite watercourse that drains the wetland area and flows toward Rainer Avenue. The applicant proposes clearing vegetation within the 25-foot buffer and culverting the watercourse to develop the parking lot. 16. Chang's Restaurant has 43 on-site parking stalls. Staff reports Chang's Restaurant has 3,500 net square feet of floor area. Code requires 1 parking stall per 100 square feet for eating and drinking establishments or 35 stalls for the restaurant. Currently the restaurant has eight(8)more stalls than required by code. The applicant proposes developing 27 additional stalls for a total of 70 stalls. A modification to develop the excess parking is required. It was approved by the Administrator. 17. The restaurant seats 140 patrons. The applicant maintains that during lunch and some dinner hours the existing parking lot is full and patrons leave since they cannot find parking. 18. Access to the new lot would be via a 22-foot wide driveway from Chang's existing lot and its driveway on Rainier. CONCLUSIONS: Variance 1. Variances may be granted when the property generally satisfies all the conditions described in part below: a. The applicant suffers undue hardship caused by special circumstances such as: the size, shape, ` re topography,or location where code enforcement would deprive the owner of rights and privileges enjoyed by others similarly situated; Rainier Mixed Use South Parking Lot File No.:LUA-04-093,ECF, SA-A and LUA-05-133,V-H April 25,2006 Page 8 b. The granting of the variance would not materially harm either the public welfare or other property in the vicinity; c. The approval will not constitute a special privilege inconsistent with the limitations on other property in the vicinity; and d. The variance is the minimum variance necessary to allow reasonable development of the subject site. The applicant's property is not ripe for the variance requested. 2. An analysis of the requested variance involves not only the direct impact of approving the variance but the additional ramifications. In this case,the applicant seeks a variance to cut down trees or vegetation along a stream corridor but in fact granting the variance will result in the culverting of a surface water feature. So while it appears that only vegetation in the required 25-foot buffer would be removed if the variance is approved,the approval actually grants the applicant permission to remove a creek,a natural, if not critical feature,that is fed by a wetland,another critical feature,located at the base of steep slopes, yet another critical feature. The issue really comes down to whether or not an applicant who purchases or owns a severely constrained site,one with steep slopes, wetlands and a stream suffers a unique hardship that justifies clearing vegetation in the stream's buffer and then culverting the stream, effectively eliminating that stream. The entire request is driven by a request for more parking for a use that already has more than adequate parking according to code standards. The variance cannot be justified under these circumstances. Creating an enlarged parking lot over a portion of a wetland and eliminating a stream is contrary to City goals to maintain environmentally sensitive areas. Of course,as with any Comprehensive Plan policy, one can fmd a countervailing one. In this case economic development would be the other side of the coin. But using a need for more parking than required by code to eliminate a portion of a wetland and pave over a creek is untenable and does not strike a reasonable balance. 3. While neither the wetland nor creek are pristine,removing them from the inventory of environmentally sensitive site does not serve the public interest. The fact is that they were allowed to be degraded over the years because there was little interest in such natural features. But big rivers are fed by such little streams. The wetland and even this small drainage channel provide biofiltration just like the artificial swales created in many new developments only this one is natural,already exists and serves to filter water that eventually flows into Lake Washington. 4. Approving this variance would create an unjustified precedent. The steep hillside above Rainier Avenue is the source of many seeps. Many businesses can claim that they need more parking than code specifies. This would particularly be the case along Rainier Avenue where there are a number of restaurants and other businesses and no access to on-street parking. This office can completely sympathize with the restaurant. All businesses would want a larger customer base than they can support. The City, in adopting its parking standards,has relied on numerous factors and created a reasonable predictor-the square footage of the business. Economics have generally not been an acceptable basis for establishing a hardship. There must be a physical constraint and trading off a parking lot for a wetland and stream course is not appropriate. 5. There is no justification for approving this variance. ,411.0 Rainier Mixed Use South Parking Lot • File No.:LUA-04-093, ECF, SA-A and LUA-05-133, V-H April 25,2006 a,,ir,,,,, Page 9 Site Plan 6. The site plan ordinance provides a number of specific criteria for reviewing a site plan. Those criteria are generally represented in part by the following enumeration: a. Conformance with the Comprehensive Plan; b. Conformance with the Building and Zoning Codes; c. Mitigation of impacts on surrounding properties and uses; d. Mitigation of the impacts of the proposal on the subject site itself; e. Conservation of property values; f. Provision for safe and efficient vehicle and pedestrian circulation; g. Provision of adequate light and air; h. Adequacy of public services to accommodate the propose 7. The proposal is not compatible with the environmental objectives of the comprehensive plan. The applicant proposes filling in a portion of a wetland and while the applicant proposes enhancing a separate wetland,a surface stream will be eliminated and placed in a culvert. Natural features should be protected and enhanced. While enhancement is proposed it is not for this wetland but at an off-site location. This wetland is at the base of a steep hillside and drains into a creek. The creek, even as short as it is and as shallow as it is deserves to be protected. 8. Compliance with building code would be determined at a later date. The proposal involves exceeding the normal complement of required parking. While the modification was approved, it would result in sacrificing a surface creek. 9. The creation of additional parking probably would not have a significant impact on adjacent properties but it could result in additional air pollution and engine noise reaching properties upslope from the site. 10. Asphalting a wetland and culverting a creek does not do much to mitigate impacts to the subject site. It is not appropriate to convert sensitive or environmental amenities to asphalt. 11. The development should not affect property values. 12. It would appear that pedestrian and vehicular circulation are adequate. DECISION: The Site Plan and Variance to allow tree cutting and vegetation clearing are not approved. Rainier Mixed Use South Parking Lot File No.: LUA-04-093,ECF,SA-A and LUA-05-133,V-H April 25,2006 Page 10 ORDERED THIS 25th day of April 2006. 111/c),,4/ I FRED J.KA HEARING EXAMINER TRANSMTITLD THIS 251 day of April 2006 to the parties of record: Keri Weaver Mike Dotson JDA Group, LLC 1055 S Grady Way Development Services I.D. Kline Corporation Renton,WA 98055 Renton, WA 98055 95 South Tobin Street Renton, WA 98055 Richard Wagner Celeste Botha Baylis Architects 2025 S Norman Street Ryan Jeffries 10801 Main Street, Ste. 110 Seattle,WA 98144 2215 North 30th Street Bellevue, WA 98004 Tacoma, WA Rolland Dewing Carl P. Burns Mary Jo Carlson 210 NW 5th Street 213 NW 6th Street 215 NW 5th Street Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 ;, Ronnie&Roberta McDonald Bruce&Sue Gregg Sherondia Renee Otis 216 NW 5th Street 207 NW 5th Street 211 NW 5th Street Renton, WA 98055 Renton,WA 98055 Renton, WA 98055 Lee&Peggy Christopherson 503 Rainier Avenue N Renton, WA 98055 TRANSMITTED THIS 25th day of April 2006 to the following: Mayor Kathy Keolker Stan Engler, Fire Jay Covington, Chief Administrative Officer Larry Meckling,Building Official Julia Medzegian, Council Liaison Planning Commission Gregg Zimmerman,PBPW Administrator Transportation Division Alex Pietsch, Economic Development Utilities Division Jennifer Henning, Development Services Neil Watts,Development Services Stacy Tucker, Development Services Janet Conklin,Development Services King County Journal Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m.,May 8,2006. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure,errors of law or fact,error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen(14)days from the date of the Examiner's decision. This request shall set forth Rainier Mixed Use South Parking Lot File No.:LUA-04-093, ECF, SA-A and LUA-05-133, V-H April 25,2006 Page 11 the specific ambiguities or errors discovered by such appellant,and the Examiner may,after review of the record,take further action as he deems proper. An appeal to the City Council is governed by Title N, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m.,May 8,2006. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants,the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one)communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must bemade in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. 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PROJECT NAME: Rainier Avenue Mixed-Use South Parking Lot DESCRIPTION OF PROPOSAL: The applicant is requesting Environmental (SEPA) Review and Administrative Site Plan review for the construction of 27 parking spaces within a surface lot associated with the adjacent Chang's Mongolian Grill restaurant. The proposal includes portions of two large parcels containing Category 2 and 3 wetlands. The Category 3 wetland would be filled to accommodate the parking lot, with wetland compensation proposed off-site that would include wetland creation, enhancement and buffer averaging. A variance from the Tree Cutting and Land Clearing Regulations is required for proposed vegetation removal and work within the 25-ft. buffer of the onsite watercourse/stream. LOCATION OF PROPOSAL: West of 505 Ranier Avenue N&southeast of NW 6th Street LEAD AGENCY: The City of Renton Department of Planning/Building/Public Works Development Planning Section MITIGATION MEASURES: 1. The project shall be required to be designed and comply with the Department of Ecology's (DOE) Erosion and Sediment Control Requirements, outlined in Volume II of the 2001 Stormwater Management Manual. During site preparation and construction, the applicant shall install silt fencing with brightly colored construction flags to indicate the boundaries of the North and South wetlands and buffer areas adjacent to the proposed construction areas. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division and be completed prior to the issuance of construction/utility permits. 3. After the development of parking lot and associated site improvements, the applicant shall install permanent fencing (i.e. split-rail fence or other approved barrier) and signage along the entire eastern edge of the North and South wetland buffers. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division. 4. The applicant shall provide the total buffer fill square footage and an update landscape plan Illustrating the exact locations of where interplanting was installed on the South Parcel as part of the Wetland Mitigation Plan. The satisfaction of this requirement shall be subject to the review and approval of the Development Services Division. 5. in the event that archaeological deposits are found during construction, work shall stop and the contractor(s) shall contact the State Archaeologist at the State of Washington Office of Archaeology and Historic Preservation, phone (360)586-3065. Exhibit 11 ERC Mitigation Measures Page 1 of 1 0�`�Y PLANNING/BUILDING/ ® ♦ PUBLIC WORKS DEPARTMENT YP�NTo MEMORANDUM DATE: April 6, 2006 TO: Fred Kaufman, Hearing Examiner FROM: Neil Watts, Development Services Director 2V SUBJECT: Wetland Classification—Chang's Parking Lot Expansion This memo is in response to your inquiry of the appropriate classification for the wetland area associated with the Chang's Parking Lot Expansion west of Rainier Avenue N. I concur with the applicant's conclusion that this wetland area is most appropriately classified as a Category 3 wetland. The specific characteristics of this wetland do not neatly fall into any of the available definitions for either a Category 2 or Category 3 wetland. Our recommendation is based on our review of the definitions for these two categories, and of the characteristics of this particular wetland. This wetland is a section of sloped area, which is subject to seeps and ground water flow, which results in a continually wet condition. It is not a pond or typical wetland with any accumulation of surface water. The area is vegetated with noxious weeds, and has been ,,,,ori' subject to remediation efforts to remove the undesired plant species. The wet area is adjacent to a drainage course, which is classified as a stream. The stream begins upstream from this location, draining a small basin area consisting of homes, yards, undeveloped slopes and public streets. This wetland is not located at the headwaters of this drainage course. The wetland has very limited value in terms of normal wetland values and functions. It is clear that this wetland is not a Category 1 wetland. The decision is whether it is appropriately treated as a Category 2 or Category 3 wetland. Renton's wetland regulations list out various potential definitions for qualifying as either of these categories. This wetland does not meet any of these definitions, although it most closely meets definition "a" (severely disturbed) of the definitions for a Category 3 wetland. We are left with the last definition for these two categories. A wetland can be classified as a Category 2 if it is not a Category 1 or 3 wetland, or it can be classified a Category 3 if it not a Category 1 or 2. As the wetland fails to completely fit into any of the other definitions for either a Category 2 or 3 wetland, we are left with having to decide where it best fits based on its wetland values and functions. This wetland does not meet the values and functions of a Category 2 wetland as it provides little in the way of hydrological value, limited habitat value and has been severely disturbed with invasive plant species. Therefore, it complies with definition "c" for a Category 3 wetland and is treated as a Category 3 wetland, with associated buffer requirements and replacement ratio requirements. sled CITY OF RENTON COUNCIL AGENDA BIL k. AI#: CO* r. Submitting Data: For Agenda of: June 12, 2006 Dept/Div/Board.. AJLS/City Clerk Staff Contact Bonnie Walton, x6502 Agenda Status Consent X Subject: Public Hearing.. Bid Award for CAG-06-068, South Lake Washington Correspondence.. Roadway Improvements Project Ordinance Resolution Old Business Exhibits: New Business Study Sessions X Information Recommended Action: Approvals: Legal Dept Refer to Committee of the Whole Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Advertisement for Call For Bids for the South Lake Washington Roadway Improvements project commenced April 26, 2006. The official bid opening will be conducted Monday, June 12, 2006, at 2:30 p.m. To assure timely commencement of the contractor's work, staff requests referral of this matter to Committee of the Whole for discussion on June 19, 2006. After the bid proposals have been fully checked for completeness and accuracy, and prior to the Committee of the Whole meeting, the City Clerk's bid tabulation and the staff verification memo will be provided for Council review. STAFF RECOMMENDATION: Award the South Lake Washington Roadway Improvements project construction contract to the lowest responsible bidder Rentonnet/agnbill/ bh CITY OF RENTON COUNCIL AGENDA BILL AI#: 6 s • SubmittingData: Community Services For Agenda of: June 12,2006 Dept/Div/Board.. Community Services/Facilities Staff Contact Peter Renner,Facilities Director Agenda Status Ext. 6605 Consent X Subject: Public Hearing.. Approval of 1%for Arts Project for the Henry Moses Correspondence Aquatic Center. Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Information Recommended Action: Approvals: Refer to Community Services Committee Legal Dept x.... Finance Dept..x... Fiscal Impact: Expenditure Required... $23,261.00 Transfer/Amendment $10,887.00 from Fund 125 itave Amount Budgeted $32,374.00 Revenue Generated Total Project Budget $23,261.00 City Share Total Project.. SUMMARY OF ACTION: The Municipal Arts Commission recommends approval of an artwork project proposed for the Henry Moses Aquatic Center. The total project budget is$23,261.00. One percent(1%)for Art generated $32,374.00 for Henry Moses Aquatic Center artwork, and$20,000 was spent for a decorative fence upgrade. The balance of$12,374.00 is not sufficient for the$23,261.08 proposed art project budget,but the$10,887.00 difference is available in Fund 125. STAFF RECOMMENDATION: Approve an etched stainless steel mural as a 1%for Arts Project at the Henry Moses Aquatic Center, approve use of$10,887.00 in Fund 125 reserves for the project, approve the total budget of$23,261.08 and authorize the Mayor and City Clerk to sign the contract with Doug Kyes in the amount of$1,500.00 for final design drawings and installation supervision. The specialized fabrication of the mural will cost $21,761.00 H:\Peter Renner 2006\AgBilHMACArt.doc 6/7/2006 �Y U&, COMMUNITY SERVICES DEPARTMENT MEMORANDUM DATE: June 12, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: Kathy Keolker,Mayor ,, FROM: Terry Higashiyama, Community Services Administratof> STAFF CONTACT: Peter Renner, Facilities Director, X6605 frir SUBJECT: Art Project for Henry Moses Aquatic Center Issue: Should the Council approve the total project budget, transfer sufficient funds from Fund 125 for the project, and authorize the Mayor and the City Clerk to sign a contract with Doug Kyes, Artist, to complete the design drawings and supervise installation of public art for the Henry Moses Aquatic Center(HMAC)? Recommendation: Transfer$12,374.00 from Fund 125, approve the total project budget of$23,261.00, and authorize the Mayor and City Clerk to sign the contract with Doug Kyes. Background: • The City of Renton funds art for its municipal building projects through a 1% for Art Program. • Construction of the Henry Moses Aquatic Center(HMAC) generated$32,374.00 for related art projects through 1% for Art. • Twenty thousand dollars ($20,000.00)of that amount was spent on a decorative perimeter fence upgrade, leaving a balance of$12,374.00. • The Municipal Arts Commission, which is trusted with assessing public art and making related recommendations to the Mayor, reviewed and discussed a number of concepts for public art for the HMAC. • Keeping with the native Duwamish theme of HMAC, Doug Kyes, at the time a Municipal Arts Commission member, did a significant amount of research on Duwamish tribal life and then developed concept sketches for consideration as an art project. He did that work gratis. The Commission enthusiastically supports the concept that Doug developed. • Doug has since resigned from the Municipal Arts Commission. The Commission recommends paying Doug$1,500.00 for refined concept drawings that have sufficient detail for graphic programming of the sophisticated computer- controlled etching machine that will produce the work. h:\peter renner 2006\hmacartissuepaper.doc Randy Corman Page 2 of 2 June 5,2006 • Various placement options and methods of production and installation were considered. • The important factors reviewed included cost, scale, durability,public safety, and vandalism resistance. • The Municipal Arts Commission is proposing a mural made of etched stainless steel, 27 feet wide by 5 feet high. Attached exhibits are provided to show the scale, location, detail, and composition of the work. • The proposed project was reviewed with the Honorable Cecile Hansen, Chairperson of the Duwamish Tribe. Her very positive comments, in letter form, are attached. • The recommended location is the south-facing wall of the ticketing and concessions building. • The total budget for this project is $23,261.00 and includes Washington State Sales tax. • The $10,887.00 balance requested for this project is available in Fund 125. • The City's Facilities Division employees would provide the labor for mounting the artwork, saving roughly$1,400.00 in project costs. Western Metal Arts Co. is the sole source for this particular type of work; their fee is $20,161.00. The artist's fee portion of the total project cost is$1,500.00 and the balance is for installation materials. $ 32,374.00 Total 1% for Arts allocated from HMAC construction. $(20,000.00) Expenditure for decorative fence upgrade. $ 12,374.00 Subtotal: HMAC balance available for proposed art project. $ 10,887.00 Available funds from Fund 125. $ 23,261.00 Total cost for the proposed stainless steel mural, including WSST. Conclusion: The City of Renton has been honored by the considerable effort and outstanding creative efforts put forth by Doug Kyes for Henry Moses Aquatic Center artwork. Executing his imaginative concepts in finished form will provide the City's residents with a piece of public art that will pay tribute to the City's historic Duwamish roots and display Mr. Kyes' outstanding artistic talent. Attachments as stated cc: Jay Covington,Chief Administrative Officer Michael Bailey,Finance Director Larry Warren,City Attorney Michael O'Halloran,RMAC Chairman h:\peter renner 2006\hmacartissuepaper.doc ', ,... -•,.'"e •-, P . . ''''",r''''' '''''''.,''''''"', ' s , ,m�. 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Ordinance City of Renton code for new short plats and the Resolution Baxter Meadow II Short Plat(LUA05-075) Old Business Exhibits: New Business Deed of Dedication Study Sessions Exhibit Map Vicinity Map Information Hearing Examiner's Report Recommended Action: Approvals: Council concur Legal Dept X Finance Dept X Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area to be dedicated for additional right-of-way will extend NE 18th Circle 100' x 36' over the northern lot line of Lots 4 and 5 of the Baxter Meadows II Short Plat(3,599 sq.ft.), and is a Hearing Examiner condition of LUA05-075. Council acceptance of said right-of-way should be completed prior to recording the deed with the short plat. STAFF RECOMMENDATION: Accept the additional right-of-way and authorize the Mayor and City Clerk to sign and record the Deed of Dedication. C:\Documents and Settings\mpetersen\Local Settings\Temp\Baxter Meadows II SHPL 03m AGNBILL.doc Return Address: °,,, . City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 98055 DEED OF DEDICATION Property Tax Parcel Number: 516970-0154 Project File#: LUA-05-075-SHPL Street Intersection: DUVALL AVE NE/NE 18TH CIR. Reference Number(s)of Documents assigned or released:Additional reference numbers are on page . Grantorls): Grantee(s): 1. JOHN MASTANDREA 1. City of Renton,a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page ) A THIRTY-SIX(36)FOOT WIDE PARCEL OF LAND FOR RIGHT-OF-WAY FOR NE 18TH CIRCLE. ALL BEING LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3,TOWNSHIP 23 NORTH,RANGE 5 EAST, W.M.,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 'oiler► 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. Approved and Accepted By: Grantor(s • Grantee(s): City of Renton Mayor City Clerk INDIVIDUAL 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 signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: deed Page 1 • INDIVIDUAL FORM OF ACKNOWLEDGMENT NIS Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that ZCAI" BONNIE M B BCOCK M n,s1'o.V1.,j re Gt_ signed this instrument and NOTARY �'� acknowledged it to be his/her/their free and voluntary act for the uses and purposes 7 mentioned in the instrument STATE OF WASHINGTON COMMISSION EXPIRES SEPTEMBER 22,2009 /5(57141-4-C-, , gt6e /C Notary Public in and for the State of Washington Notary(Print) B o n n i M, I cavo cock' My appointment expires: 9- 22 - p "7 Dated: a.5 2nit,t a,p p REPRESENTATIVE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument,on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Nod Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: CORPORATE FORM OF ACKNOWLEDGMENT Notary Seal must be within box STATE OF WASHINGTON )ss COUNTY OF KING ) On this day of , 19 ,before me personally appeared to me known to be of the corporation that executed the within instrument,and acknowledge the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: Nord deed Page 2 GRANTORS PARCEL TAX LOT 516970-0154 BAXTER MEADOWS II SHORT PLAT-LUA 05-075 SHPL LEGAL DESCRIPTION THE WEST 210 FEET OF THE WEST 350 FEET OF THE NORTH HALF OF LOT 13 IN THE PLAT OF JOSEPH P. MARSHALL TRACTS AS RECORDED IN VOLUME 38 OF PLATS ON PAGE 30, RECORDS OF KING COUNTY, WASHINGTON,AS LOCATED IN NORTHEAST QUARTER OF.THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY, WASHINGTON 'err OWE g Q pF RAS IX EY 411332S"rs 1e %AL LAS EXPIRES 11/30/06 441100ei PAGE 3 ROAD DEDICATION FOR NE 18TH CIRCLE *4000 TO CITY OF RENTON BAXTER MEADOWS II SHORT PLAT-LUA 05-075 SHPL LEGAL DESCRIPTION THAT PORTION OF THE WEST 210 FEET OF THE WEST 350 FEET OF THE NORTH HALF OF LOT 13 IN THE PLAT OF JOSEPH P. MARSHALL TRACTS AS RECORDED IN VOLUME 38 OF PLATS ON PAGE 30, RECORDS OF KING COUNTY, WASHINGTON, AS LOCATED IN NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., CITY OF RENTON, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 13; THENCE SOUTH 87°43' 14"EAST ALONG THE NORTH LINE THEREOF 110.04 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 01° 11' 41" WEST 36.00 FEET; THENCE SOUTH 87°43' 14"EAST 100.00 FEET; ;,,,r,, THENCE NORTH 01° 11' 38" EAST 36.00 FEET; THENCE NORTH 87°43' 14" WEST 100.00 FEET TO THE TRUE POINT OF BEGINNING opE , 5 OF WA %ti: ° JL / \Q �� � 11332 r.YK I toku,LAS EXPIRES 11/30/06 PAGE 4 r 110.04' I /AO. 0. 0' / 0 �__ W / N.E. 18TH CIRCLE )1,59 sa (-) 8 — — — I a I. O — 6,170 6,170 SQ.FT 8 43' W 100 0' 5,050 / t 5 .00' •\ 50 0_ ;,- ice 14.52 ist n JF-7— — _" i� / C3 C2 g Ct m r `� r / �'---� PRIVATE INGRESS, EGRESS, r 0.'�' I ( \ Ml 20.00' ' & UTILITY EASEMENT FOR :'•I I ( THE BENEFIT OF LOTS 4 L2 L1 i & 5 & EMERGENCY _� '2 ( i i VEHICLES r 6,179 SQ.FT. z '`^ 5,055 (NET) N r a 20' PRIVATE INGRESS, EGRESS ---I `,$ 40 & UTIUTY EASEMENT 1 — FOR THE BENEFIT OF 1 15N 1 LOTS 1, 2 & 3 --•-• BSBL I rt i TYP. p 3 • S87'47'48'E L J I =r *? o r `Tto U3 '-'..;17,),-.)1,39 ;,`/ r 110,03' •0 4 t o 5 `r: ;, S 6,306 SQ.FT. Z 6,302 SQ.FT. ._i ' .x` , �,- ,` g 5,501 SQ.FT. 5.789 (NET) 5,912 (NET) 5' BSBL. TYP. ,, __--.- -------. — ci �__ WEST UNE OF EAST = p 15' PUBLIC T J 140' OF WEST 350' _ Z o i WATER EASEMENT 20' BSBL, OF LOT 13 l. ` L TYP. — 110.03' 0 5 1� 20 30 • 50.00'_ 50.00' - � N87'47'48*W 210.03' — I , T ef.e.r.wrrrrrr�Tr�r���`������•••• i I CURVE TABLE CITY OF' RENT ON SSUPE '' CURVE LENGTH RADIUS DELTA ! 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' - , • • September 20, 2005 OFFICE OF THE HEARING EXAMINER Nairre CITY OF RENTON Minutes OWNER/APPLICANT: John Mastandrea Legend Development, LLC 510 Rainier Avenue S Seattle, WA 98144 CONTACT: Shupe Holmberg Baima& Holmberg, Inc. 100 Front Street S Issaquah, WA 98027 Baxter Meadows II Short Plat LUA 05-075, SHPL-H LOCATION: 1811 Duvall Avenue NE SUMMARY OF REQUEST: Hearing Examiner Short Plat approval for a five(5) lot subdivision of a .78-acre site. SUMMARY OF ACTION: Development Services Recommendation: Approve subject to conditions ems, DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on August 23, 2005. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the August 30, 2005 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, August 30, 2005, at 9:02 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No. 2: Preliminary Short Plat application, proof of posting, proof of publication and other documentation pertinent to this request. 'o+'` Exhibit No.3: Preliminary Topography, Road, Exhibit No. 4: Zoning Map Utilities, Tree, Grading and Drainage Plan Baxter Meadows II Short Plat File No.: LUA-05-075, SHPL-H September 20, 2005 Page 2 Exhibit No. 5: Drainage Approval Letter Exhibit No. 6: Vicinity Map Exhibit No. 7: Enlarged Map of Exhibit 3 The hearing opened with a presentation of the staff report by Jennifer Henning, Principal Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The site is located just to the west of Duvall Avenue NE on what will become NE 18`x'Court that is being developed as a half street with sidewalk on the south side, from Duvall Avenue NE to the west to serve both Baxter Meadows and Baxter Meadows II Short Plat. There is currently one single-family residence, associated outbuildings and an artificial garden pond on the west side of the site. All existing structures would be removed as part of the proposed subdivision. Access to the site would be via an extension of new public street(NE 18`x'Circle), which is to be dedicated to the City of Renton upon recording of the Baxter Meadows short plat. The subject site is currently vegetated with a total of 34 trees, a garden area,and lawn. All existing vegetation and trees will be removed for roadways, utilities and building pads. The site is located within the Residential—8 dwelling units per acre(R-8)zone and the Residential Single Family(RSF)Comprehensive Plan Land Use designation. The proposed plat arrives at a net density of 7.98 du/ac, which complies with density requirements for the R-8 zone. Short plats are exempt from SEPA Environmental Review. The proposed plat is consistent with the objectives and policies for Residential Single Family Land Use and Community Design elements appropriate to this subdivision. A landscape plan will be required for this development. All lots do comply with lot dimension requirements. The building setback requirements will be reviewed at the time of building permit review. Compliance with building standards would be verified prior to the issuance of individual building permits. As proposed, all lots comply with arrangement and access requirements of the Subdivision Regulations. Fire sprinkling will be required for all homes in this plat. In addition, the City's landscaping regulations require the installation of landscaping within the public right-of- way. The minimum amount of landscaping required for sites abutting a non-arterial public street is five feet. The 5-foot landscaped strip shall be installed prior to building occupancy. Fire,Traffic and Mitigation Fees are to be imposed as condition of short plat approval. The site's topography is generally flat with a gradual slope from northeast to southwest with a grade of less than two percent. The applicant will be required to comply with the recommendations found in the Geotechnical Engineering report dated May 31, 2005 for any future site development. The site is located within the boundaries of the Renton School District. The School District has indicated that they can accommodate the additional students. Baxter Meadows Il Short Plat File No.: LUA-05-075, SHPL-H September 20, 2005 Page 3 Now- The applicant submitted a Preliminary Drainage Report, according to the report,the existing drainage sheet flows west and south with the southerly flows draining across adjacent properties, where it collects in a ditch/pipe storm system within SE 107th Street. There is an existing 12-inch water main in Duvall Avenue NE. An 8-inch water main will be installed within the extension of NE 18°i Circle to the west line of proposed Lot 4 and a 4-inch main will be installed to the south to serve proposed Lots 2 and 3. There is an 8-inch sanitary sewer main in Duvall Avenue NE. The new lots must be served with an individual side sewer. The parcel is located within the Honey Creek SAD. Staff recommends the establishment of a maintenance agreement for all shared improvements. Shupe Holmberg, Baima& Holmberg, Inc., 100 Front Street S., Issaquah, WA 98027 stated that he had nothing to add to the staff report, the applicant is present today and they are available to answer any questions. Baxter I is under construction, the road is in with the first lift of asphalt in place, curbs and utilities are in. Drainage from the Baxter II site does sheet flow to the west. It seemed to be best to collect the drainage from this site, direct it to the storm system that has been constructed within NE 18`x'Circle and then discharge out to the storm system in Duvall. Baxter 1 was upgraded to handle drainage from Baxter Il. The grade will not be changing a lot, but stubs will be provided to all the roofs so that runoff will go directly to the storm system as opposed to draining sheet flow. Karen Webber, 1808 Anacortes Avenue NE, Renton, WA 98059 stated that they are the neighbors to the west of Lots I. 2 and 3. She was concerned with the removal of the trees along the property line. There is a high water level in the backyard, in the northeast corner, it is very swampy most of the year. There is a pond and at the time the original owners stated that the pond was there most of the year and that they just fixed it up so it would look nice and put Koi fish in it. There are lots of frogs in that area. The neighbor at 1800 Anacortes,who has been there for approximately 30 years, said that the birch trees planted on the Webber property were planted due to the water, there is a lot of standing water on their lot. There is a 4-inch drainage pipe under their house that drains east/southeast towards the development. Further concerns regarding the trees is that they have been there for a long time and are very beautiful, they provide privacy, screening and shade in the summer. They would be sorely missed. Many trees are only five feet from their fence and they would ask that the developer try to remove as few as possible. The removal of these trees would decrease the value of the properties. Kayren Kittrick, Development Services Division stated that the final design for the cul-de-sac transitioning into this particular plat has not been settled, they are still in negotiations with the Fire Department. It will be close to this design. By itself, this plat does not meet the standards above the 1990. It does not exceed several thresholds that were looked at for small plats. It was necessary to make sure there was sufficient fire access,they will be dedicating out to the edge of Lot 1, there was no need to go through Lot 1 because there will be no connection out to Anacortes. Discussion followed regarding the pond and wetland consequences. The thresholds for wetlands have recently changed, it is now 2,200 minimum exempt square footage. The pond was not looked at as a wetland feature. It 44611°' does not appear to meet the threshold. The Webber property would not be wetter, it most likely would be lessened to some extent. The pond will be totally removed. Baxter Meadows 11 Short Plat - File No.: LUA-05-075, SHPL-H September 20. 2005 Page 4 Mr. Holmberg stated that the applicant is going to build on the lots and well as develop the area. He is willing to work with the neighbors to retain as many trees as possible,particularly the ones close to the property line. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 10:03 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant,John Mastandrea, Legend Development, LLC, filed a request for a short plat for five single-family dwellings. 2. The yellow file containing the staff report,the State Environmental Policy Act(SEPA)documentation and other pertinent materials was entered into the record as Exhibit#1. 3. The Environmental Review Committee(ERC), the City's responsible official determined that the proposal is exempt from environmental review. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 1 811 Duvall Avenue NE. The subject site is located west of Duvall Avenue immediately south of NE 18th Circle. While the parcel is addressed along Duvall, it is an interior parcel approximately 500 feet west of Duvall. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of single-family uses, but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned R-8 (Single Family- 8 dwelling units/acre). 8. The subject site was annexed to the City with the adoption of Ordinance 2824 enacted in January 1974. 9. The subject site is approximately 0.78 acres or 34, 057 square feet. The parcel is rectangular and is approximately 210 feet deep(east to west) by approximately 162 feet wide. 10. The subject site slopes downward to the west at a grade of less than two percent. There is a manmade pond located in the western portion of the subject site. There was no particular wetland evaluation done for the pond that a neighbor reported was established in a naturally wet area. Frogs are reported to be at the pond and swampy areas are located west of the pond. 11. The applicant had proposed removing all of the 34 identified trees to accommodate grading for roads and building pads. The trees are mainly concentrated along the western boundary of the site. Neighbors suggested that some of the trees might be spared and the applicant agreed to review the removal plan. 12. Access from Duvall will be over NE 18th Circle, which is currently being developed as part of a separate plat(being developed by tl:.is applicant). Access to the subject site will require the fullNair completion of the roadway and its dedication. The applicant proposes extending 18th Circle, a half Baxter Meadows II Short Plat File No.: LUA-05-075, SHPL-H September 20, 2005 Page 5 street, to the west providing access to the new lots. NE 18th Circle now ends in a half cul-de-sac at the eastern boundary of the subject site. This cul-de-sac would be retained and the roadway,again, at half street dimension, would be extended west from the cul-de-sac. The roadway would be extended approximately 100 feet along the north sides of Proposed Lots 4 and 5. At its end where it would butt into Proposed Lot 1, a north-south, 20-foot wide easement would provide access to Proposed Lots 2 and 3 as well as Proposed Lot 1. A hammerhead turnaround would be part of the public roadway,NE 18th Court, and it would be provided over Proposed Lots 4 and 5. 13. The five lots would be arranged in both north to south and east to west alignments. Proposed Lots 1 to 3, along the western edge of the site, would be east to west lots approximately 115 feet deep and range from approximately 50 to 55 feet wide. Proposed Lots 4 and 5 would run north to south. They would be approximately 125 feet deep and 50 feet wide. 14. The subject site is located within the Renton School District. The project is expected to generate approximately 2 school age children. These students would be spread across the grades and would be assigned on a space available basis. 15. The density for the plat would be 7.98 dwelling units per acre after subtracting roadways. 16. The development will increase traffic approximately 10 trips per unit or approximately 50 trips for the 5 single-family homes. 17. Stormwater has tended to sheet flow to the south and west. It is collected in 107th Street south of the project and flows back to the east and Duvall where it then flows south towards Sunset Boulevard. The applicant proposes capturing the flow and directing it to the system being developed in the new plat immediately east of the subject site. It will be collected in a wet tank that was constructed with the subject development in mind and can handle the water from both developments. The water wall again flow toward Duvall and enter the same drainage basin. Analysis demonstrated that detention is not required but water quality treatment will be provided by the wet tank. 18. The subject site is located in Aquifer Protection Zone 2 and will be subject to regulations governing development over the aquifer. 19. Sewer and water will be provided by the City. Lines will be extended into the plat and all service lines and connections will have to meet code requirements. 20. The applicant will have to meet City Fire and Public Works Department's requirements for hydrants and sprinklers to service the plat. 21. The City has adopted mitigation fees for transportation improvements, fire services and parks and recreational needs based on an analysis of the needs and costs. These fees are applied to new development to help offset the impacts new homes and residents have on the existing community and the additional demand for services. 22. This office raised an issue of the setback or yard required adjacent to an easement established on an adjoining lot. In this proposed plat, Proposed Lot 4 has a side yard that will be affected by traffic from three(3) homes. The question was whether any of the following definitions require a larger western side yard for Proposed Lot 4. Nitre 23. The definitions of"setback" and "side yard" are as follows: Baxter Meadows it Short Plat File No.: LUA-05-075, SHPL-H September 20, 2005 Page 6 4-11-190 Definitions S: SETBACK: The minimum required distance between the building footprint and the property line and any private access easement. For lots containing private access easements, setbacks are the minimum required distance between the building footprint and the easement. A setback is measured perpendicularly from a lot line or private easement access to the outer wall of the structure. In the case where a structure does not have an outer wall, such as a carport,the measurement shall be to the posts of such structure, unless otherwise determined by the Development Services Division. 4-11-250 Definitions Y: YAR[) REQUIREMENT: An open space on a lot unoccupied by structures, unless specifically authorized otherwise. The Development Services Division shall determine the various requirements for uniquely shaped lots and pipestem lots. (See also SETBACK.) A. Front Yard: The yard requirement which separates the structure(s) from public right-of-way or private access easement. For through lots,corner lots, and lots without street frontage,the front yard will be determined by the Development Services Division Director. B. Side Yard along a Street: The yard requirement, which is neither a front yard nor a rear yard, yet it abuts a street right-of-way or private access easement. C. Rear Yard: The yard requirement opposite the front yard. Where a lot abuts an alley, the rear yard shall always be the yard abutting the alley. For ir- regularly shaped lots, the rear yard shall be measured from an imaginary line at least fifteen feet (15') in length located entirely within the lot and farthest removed and parallel to the front lot line or its tangent. D. Side Yard: The yard requirement which is not a front yard, a side yard along a street, or a rear yard. CONCLUSIONS: The proposed plat appears to serve the public use and interest. A new roadway is already being developed east of the site that runs to the subject site's eastern boundary. Similarly, utility lines are being constructed to serve the site east of the site and can easily be extended west to the subject site. But more information is required on the establishment of the pond and the swampy areas surrounding it. The fact that frogs may inhabit the area may mean that it is a wetland and its extent should be determined including any extension to offsite properties. Since no wetland evaluation was done prior to this review, it should be accomplished prior to further development. The applicant shall be required to check for wetland characteristics and size. 2. The creation of lots to accommodate four new homes, five in total, will provide additional housing opportunities in an area where urban services are available. 3. The five new homes should not overtax the City's infrastructure but the applicant should help accommodate new residents and their demand for services by paying the appropriate fees for parks, fire • Baxter Meadows Ii Short Plat File No.: LUA-05-075. SHPL-H September 20, 2005 Page 7 Nome and transportation. New plats are required, by State regulations,to make provision for those and other services. 4. The development of this property will increase the tax base of the City. 5. Staff will have to ascertain the required setback or appropriate side yard for Proposed Lot 4 to assure that it complies with the Code definitions of those terms. DECISION: The short plat is approved subject to the following conditions: 1. The applicant shall be required to check for wetland characteristics and determine its size including offsite extension and abide by City regulations if this area qualifies under those regulations. 2. The applicant shall obtain a demolition permit and complete all necessary inspections and approvals for the removal of all buildings on the site prior to recording of the short plat. The satisfaction of this requirement is subject to the review and approval of Development Services. 3. A maintenance agreement shall be created concurrently with the recording of the short plat in order to establish maintenance responsibilities for all shared improvements. The agreement shall be placed on the face of the final short plat prior to recording. ern 4. The applicant shall be required to plant two new approved trees within the 20-foot front yard setback area of all lots within the short plat. In addition,the applicant shall install a minimum 5-foot landscaped strip along the proposed lots abutting a non-arterial public street; provided that if there is additional undeveloped right-of-way in excess of 5 feet,this shall also be landscaped. If no additional area is available within the public right-of-way for the landscaping due to required improvements,the 5-foot landscaped strip may be located within private property abutting the public right-of-way. A detailed landscape plan shall be submitted at the time of utility construction permit application, for review and approval by the Development J , 4 Services Division Project Manager. \ a to c2 �,. 50\0 Final approval of the Baxter Meadows H short plat shall not be granted prior to the dedication moke\i'' Oc;Oof NE 18'h Circle as a public-right-of-way. ` �(9 ' 6. The applicant shall pay the appropriate Traffic Mitigation Fee based on $75.00 per new average daily trip attributed to the project prior to the recording of the final plat. 9' 7. The applicant shall be required to comply with the recommendations found in the Geotechnical Engineering report, Earth Solutions NWA dated May 31,2005 for any future site development. 8. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of$488.00 for each new single-family residence prior to the recording of the final plat. 9. The applicant shall pay the appropriate Parks Mitigation Fee based on $530.76 per new single- family lot prior to the recording of the final plat. Baxter Meadows II Short Plat File No.: LUA-05-075, SHPL-H September 20, 2005 Page 8 10. Staff will have to ascertain the required setback or appropriate side yard for Proposed Lot 4 to assure that it complies with the Code definitions of those terms. ORDERED THIS 20th day of September 2005 +1_J23 Vs, g FRED J. KAUFION HEARING EXAMINER TRANSMITTED THIS 20th day of September 2005 to the parties of record: Nancy Weil Kayren Kittrick John Mastandrea 1055 S Grady Way 1055 S Grady Way Legend Development, LLC Renton, WA 98055 Renton, WA 98055 510 Rainier Ave S Seattle, WA 98144 Shupe Holmberg Ernest& Karen Webber Baima& Holmberg, Inc. 1808 Anacortes Ave. NE Patricia L. Lemley 100 Front Street S Renton, WA 98059 4426 NE 17th Street Issaquah, WA 98027 Renton, WA 98059 Mathew& Monica Bueno , od 1805 Duvall Ave NE Renton, WA 98059 TRANSMITTED THIS 20'h day of September 2005 to the following: Mayor Kathy Keolker-Wheeler Stan Engler, Fire Jay Covington, Chief Administrative Officer Larry Meckling, Building Official Julia Medzegian, Council Liaison Planning Commission Larry Warren, City Attorney Transportation Division Gregg Zimmerman, PBPW Administrator Utilities Division Alex Pietsch, Economic Development Neil Watts, Development Services Jennifer Henning, Development Services Janet Conklin, Development Services Stacy Tucker, Development Services King County Journal Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m.,October 4,2005. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact,error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14)days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the Cit Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of$75.00 and meeting other specified requirements. Baxter Meadows 11 Short Plat File No.: LUA-05-075, SHPL-H September 20, 2005 Page 9 Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writing on or before 5:00 p.m.,October 4,2005. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants,the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one)communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. 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MARSHALL TRACTS VOL. 38, PG. 30 F0UN0 MON IN CASE L , PLAT 1••3RIER CREEK DIV. 2, VOL. 201, PGS• 72-74 CITY OF RENTON CONTROL MONS 1644 L • PLAT 2-MAY CREEK HIGHLANDS VOL. 144, PCS. 1-3 2'IRON PIPE W/CONC. &TACK / _ l� Cr PLAT 3- KENDALL COURT SHORT PLAT LUA-01-025-SHPL (�� 2/28/x) - '- '9. 60�� O) 11 NOTE: (- ALL LOTS ARE TO DE 6 $ �a 9t��, BAIMA & HOLMBERG INC. DETACHED h SEMI ATTACHED M e7 S p� E N O t N C E R 3 k SUR V[ Y O R S SINGLE FAMILY RESIDENTIAL. A1' IIS 2,BAXTER v� �,+ � 100 rITONT STREET SOON I33A0UAN.WASMN01 '7 ..�". MEADOWS II 1-y. '', 206 302-0230 " (1k5- �- SHORT PLAT �UM Ye7O®g Min.eo.K.o. DATE ()WC N0.144•-010SP 5/1/05 /�41L CHKD,BY SCAIE SHEET Mt 1n•1!P PT ARA 6.3e EVe'L tLJ44fOl W,S,H___ 1'a 40' z K 2 P y CITY OF RENTON COUNCIL AGENDA BILL I AI#: 6 , • - I Submitting Data: For Agenda of: June 12, 2006 Dept/Div/Board.. FIS / Information Services Staff Contact Michael E. Bailey Agenda Status Finance/IS Administrator Consent X Subject: Public Hearing.. Interlocal Agreement with Valley Cities for Correspondence.. Expenditure of Department of Justice - Cops More Ordinance Grant Resolution X Old Business Exhibits: New Business Issue Paper Study Sessions Interlocal Agreement Information Resolution Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Other Fiscal Impact: Expenditure Required... 0 Transfer/Amendment iL Amount Budgeted Revenue Generated Noe Total Project Budget 0 City Share Total Project.. SUMMARY OF ACTION: Staff presents a resolution and interlocal agreement between the Cities of Algona, Auburn, Fife, Kent, Pacific, Puyallup, Renton, and Sumner. This agreement will allow the City of Renton to participate in a needs analysis for improving technology infrastructure throughout the valley. STAFF RECOMMENDATION: Authorize the agreement with Valley Cities for a Department of Justice Grant, and adopt the resolution. Rentonnet/agnbill/ bh ti`S O� FINANCE AND INFORMATION SERVICES 0% + DEPARTMENT • '�N�O� MEMORANDUM DATE: June 6, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor FROM: 4kMichael E. Bailey, FIS Administrator STAFF CONTACT: George McBride, ext. 6886 SUBJECT: Valley Cities Interlocal Agreement for Technology Grant ISSUE The City of Auburn was awarded a federal technology grant on behalf of the Valley Cities. Should the City of Renton approve this interlocal agreement and allow participation with other valley cities in expenditure of the grant? RECOMMENDATION Staff recommends approval of the Interlocal Agreement to enable local cities to work together on public safety needs utilizing fiber and wireless media for communication. BACKGROUND Early last year the mayor's of the Valley Cities began discussions on improving the technology infrastructure throughout the valley. The City of Auburn, as the lead agency for this project, applied for and has received a federal grant administered by the Department of Homeland Security, Department of Justice, in the amount of$98,723. A portion of these funds, $42,000, will be used to perform a needs analysis in each jurisdiction participating in the group and the remaining funds will be used to fund a small wireless interoperability pilot project between jurisdictions. The analysis will include an examination of the fiber infrastructure in each jurisdiction as well as a study of wireless technology, its application within each jurisdiction and throughout the valley. For the City of Renton, this will include a statistically valid stake holder's survey to learn more from the community about their technology expectations for the City's existing public outdoor wireless network. The remaining funds from the grant will be used for a pilot project to determine the optimal method to allow inter- New h:\projects\2006\valley cities interlocal\council position paper valley cities grant funds.doc Randy Corman,Council President Members of the Renton City Council Page 2 of 2 June 6,2006 agency communication for our public safety members called to adjoining jurisdictions on mutual aid calls. No funding is required by the City to fund this agreement. DT/drl Cc: Jay Covington,CAO Linda Herzog,Assistant to the CAO George McBride,Information Services Nod h:\projects\2006\valley cities interlocal\council position paper valley cities grant funds.doc INTERLOCAL AGREEMENT AMONG GREEN RIVER, WHITE RIVER AND PUYALLUP RIVER VALLEY CITIES FOR COOPERATION IN ACCEPTANCE AND USE OF DEPARTMENT OF JUSTICE / COPS MORE GRANT THIS INTERLOCAL AGREEMENT made and entered into pursuant to the interlocal cooperation act, chapter 39.34 of the Revised Code of Washington on this day of , 2006, by and between the cities of Algona, Auburn, Fife, Kent, Pacific, Puyallup, Renton, Sumner, and Tukwila each municipal corporations of the State of Washington WHEREAS, for the last number of years, there has been a greater interaction between the cities of Algona, Auburn, Fife, Kent, Pacific, Puyallup, Renton, Sumner, and Tukwila, relative to a number of different issues with which they each contend, and on which they have very similar common or very similar positions; and WHEREAS, one of those issues is law enforcement; and WHEREAS, in order to more effectively address law enforcement needs of the cities, they have joined together in seeking monies to enhance their law enforcement needs, and have worked with congressman Adam Smith in becoming eligible to receive grant funds in the amount of ninety eight thousand seven hundred and twenty three dollars and no/100 ($98,723.00); and Nine WHEREAS, in order to receive those funds and utilize them in support of their common and cooperative needs, the parties have reached agreement in connection therewith. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS, PROMISES AND BENEFITS HEREIN, THE PARTIES HERETO HEREBY AGREE as follows: 1. RECEIPT OF GRANT FUNDS Each of the cities, as parties hereto, agree to work cooperatively towards the expenditure of the grant funds received from the Department of Justice / Cops More Grant, in the total dollar amount of ninety eight thousand seven hundred and twenty three dollars and no/100 ($98,723.00) which funds shall be received by the City of Auburn for and on behalf of the parties hereto and which shall be used for the following: Development of a strategic plan to meet community and public agency needs through potential uses of fiber optic and wireless broadband infrastructure and services Determine the specific operational relationship between a new wire- line/wireless broadband network and the current local government-owned emergency communications and wide area networks. Implement a prototype network that demonstrates interoperability by securely allowing police computer systems from one jurisdiction to route through another jurisdictions wireless network back to their home agency. DEPARTMENT OF JUSTICE/COPS MORE GRANT Page 1 Other wireless network components and or services that will allow interoperability between public safety entities in the Valley Cities region. 2. DESIGNATED REPRESENTATIVES The Mayor or designee of each of the cities hereto shall be designated as each cities representative to meet, confer, evaluate and administer expenditure proposals in connection with the Department of Justice / Cops More Grant Funds. The Mayors or designees shall meet as warranted at dates and times determined by them to be most convenient. They are also empowered to designate, identify and develop procedures and processes for their interaction in connection with the administration and use of said grant funds. 3. INSURANCE Each of the cities hereto shall be responsible for maintaining, during the term of this agreement, and at its sole costs and expenses, insurance coverage in amounts determined to be sufficient, as determined by the Mayors or their designees. 4. INDEMNIFICATION Each city shall indemnify and hold the other cities, their agents, employees and officers harmless from and shall defend at its own expense all claims, damages, suits, at law or equity, actions, penalties, losses, damages or costs of any kind or nature brought against these cities or any of them, in connection with actions of the individual city responsible for indemnifying, defending and holding harmless. Any liabilities, claims, actions, penalties, etc., stemming from the actions of multiple cities shall be addressed through cooperative efforts of the Chief Administrative Officer of each city or their designees. 5. WAIVER OF SUBROGATION The cities hereby mutually release each other from liability and waive all rights of recovery against each other for any losses by fire or other peril which can be insured against under fire insurance contracts including extended coverage endorsements which are customarily available from time to time in the State of Washington. 6. COMPLIANCE WITH REGULATIONS AND LAWS The parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein. 7. ASSIGNMENT The parties shall not assign this Agreement or any interest, obligation or duty therein without the express written consent of the other party. 8. ATTORNEYS' FEES If either party shall be required to bring any action to enforce any provision of this Agreement, or shall be required to defend any action brought by the other party with respect to this Agreement, and in the further event that one party shall substantially prevail in such action, the losing party shall, in addition to all other payments required therein, pay all of the prevailing party's reasonable costs in connection with such action, including such sums as the court or courts may adjudge reasonable as attorney's fees in the trial court and in any appellate courts. DEPARTMENT OF JUSTICE/COPS MORE GRANT Page 2 9. NOTICES All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses: CITY OF AUBURN CITY OF ALGONA (name) (name) (address) (address) (address) (address) (phone number) (phone number) (Fax number) (Fax number) CITY OF FIFE CITY OF KENT (name) (name) (address) (address) (address) (address) (phone number) (phone number) (Fax number) (Fax number) CITY OF PACIFIC CITY OF PUYALLUP (name) (name) (address) (address) (address) (address) (phone number) (phone number) (Fax number) (Fax number) CITY OF RENTON CITY OF SUMNER (name) (name) (address) (address) (address) (address) (phone number) (phone number) (Fax number) (Fax number) CITY OF TUKWILA (name) (address) (address) (phone number) (Fax number) or to such other respective addresses as either party hereto may hereafter from time to time designate in writing. All notices and payments mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 10. NONDISCRIMINATION Each of the parties, for itself, its heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and '' agree that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national DEPARTMENT OF JUSTICE/COPS MORE GRANT Page 3 origin, sex, age, or the presence of any sensory, mental or physical handicap be discriminated against or receive discriminatory treatment by reason thereof. 11. MISCELLANEOUS A. All of the covenants, conditions and agreements in this Agreement shall extend to and bind the legal successors and assigns of the parties hereto. B. This Agreement shall be deemed to be made and construed in accordance with the laws of the State of Washington jurisdiction and venue for any action arising out of this Agreement shall be in of the county in Washington State in which the property or project is located, and if not site specific, then in King County, Washington. C. The captions in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. D. The duration of this Agreement shall be for or for the period of time it reasonably takes for the performances by the parties as completed herein. E. Unless otherwise specifically provided herein, no separate legal entity is created hereby, as each of the parties is contracting in its capacity as a municipal corporation of the State of Washington. The identity of the parties hereto is as set forth hereinabove. F. The purpose of this Agreement is to accomplish the objectives of this Agreement. Naild G. The funding of the respective obligations of the parties shall be out of the respective general funds/current expenses of the parties, except as otherwise specifically provided. H. The performances of the duties of the parties provided hereby shall be done in accordance with standard operating procedures and customary practices of the parties. I. Unless a joint oversight and administration board is created as provided herein, the oversight and administration of the Agreement shall be by the respective named representatives identified in Paragraphs 2 and/or 9 hereof, or their designees. J. Unless otherwise specifically provided herein, any real property to be held in connection herewith, if applicable, shall be held as the separate property of the party or parties in whose name(s)the property is/was acquired. K. No provision of this Agreement shall relieve either party of its public agency obligations and or responsibilities imposed by law. L. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable by a final decision of any court having jurisdiction on the matter, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect, unless such court determines that such invalidity or unenforceability DEPARTMENT OF JUSTICE/COPS MORE GRANT Page 4 materially interferes with or defeats the purposes hereof, at which time the City shall have the right to terminate the Agreement. M. This Agreement constitutes the entire agreement between the parties. There are no terms, obligations, covenants or conditions other than those contained herein. No modifications or amendments of this Agreement shall be valid or effective unless evidenced by an agreement in writing signed by both parties. N. Copies of this Agreement shall be filed with the Auditor's Office of the county in Washington State in which the property or project is located, and if not site specific, then in the King County Auditor's Office; the Secretary of State of the State of Washington; and the respective Clerks of the parties hereto. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. CITY OF AUBURN CITY OF ALGONA By: By: Its: Its: ATTEST: ATTEST: City Clerk City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney City Attorney CITY OF FIFE CITY OF KENT By: By: Its: Its: ATTEST: ATTEST: City Clerk City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: Now City Attorney City Attorney DEPARTMENT OF JUSTICE/COPS MORE GRANT Page 5 CITY OF PACIFIC CITY OF PUYALLUP By: By: Its: Its: ATTEST: ATTEST: City Clerk City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney City Attorney CITY OF RENTON CITY OF SUMNER By: By: Its: Its: ATTEST: ATTEST: City Clerk City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney City Attorney CITY OF TUKWILA By: Its: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney DEPARTMENT OF JUSTICE/COPS MORE GRANT Page 6 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT AMONG THE CITIES OF ALGONA, AUBURN, FIFE, KENT, PACIFIC, PUYALLUP, RENTON, SUMNER, AND TUKWILA, FOR COOPERATION IN ACCEPTANCE AND USE OF DEPARTMENT OF JUSTICE/COPS MORE GRANT. WHEREAS, for the last number of years, there has been a greater interaction between the cities of Algona, Auburn, Fife, Kent, Pacific, Puyallup, Renton, Sumner, and Tukwila, relative to a number of different issues including law enforcement, on which they have very similar common or very similar positions; and WHEREAS, in order to more effectively address law enforcement needs of the cities, Nino they have joined together in seeking monies to enhance their law enforcement needs, and have worked with congressman Adam Smith in becoming eligible to receive grant funds in the amount of ninety-eight thousand seven hundred and twenty-three dollars ($98.723.00) and WHEREAS,in order to receive those funds and utilize them in support of their common and cooperative needs, the parties have reached agreement in connection therewith; NOW, 'THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION L The above findings are true and correct in all respects. SECTION IL The Mayor and City Clerk are authorized to enter into an interlocal agreement entitled"Interlocal Agreement Among Green River, White River and Puyallup River slow 1 RESOLUTION NO. Valley Cities for Cooperation in Acceptance and Use of Department of Justice/Cops More Now Grant.,, PASSED BY THE CITY COUNCIL this day of , 2006. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2006. Kathy Keolker, Mayor Approved as to form: Now Lawrence J. Warren, City Attorney RES.1183:5/10/06:ma Now 2 7 CITY OF RENTON COUNCIL AGENDA BILL , AI#: 4:74j I Submitting Data: For Agenda of: June 12, 2006 Dept/Div/Board.. Human Resources& Risk Mgmt Staff Contact Michael Webby Agenda Status Consent X. Subject: Public Hearing.. Appointment of David Daniels as Renton Fire Chief Correspondence.. Ordinance Resolution Old Business Exhibits: New Business Resume Study Sessions Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Other Fiscal Impact: No change in Fire Chief compensation level. Expenditure Required... -0- Transfer/Amendment Amount Budgeted -0- Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: On March 15, 2006 Fire Chief Lee Wheeler retired from the City of Renton. A national search was conducted for a new Fire Chief, with the assistance of the executive recruitment firm Waldron& Company. Out of an applicant pool of over twenty, four candidates were selected for final interview by City Council members,the Mayor and CAO,Department Administrators,Fire Department staff and community representatives. David Daniels from Atlanta, Georgia was selected to succeed Chief Wheeler. The Mayor and the CAO recommend the Council's concurrence in appointing David Daniels as Renton's new Fire Chief. David is currently the Fire Chief in Fulton County, Georgia. David started as a firefighter with Seattle Fire Department in 1981 and rose through the ranks of Lieutenant, Captain, Battalion Chief, Deputy Fire Chief and Assistant Fire Chief. In 2001 he moved to the post of Chief of the Fulton County Fire Department. For more information on David's career, see his professional resume, attached. The Administration recommends that David Daniels be sworn in at the City Council meeting the evening of August 7 and that the appointment be effective August 7, 2006. STAFF RECOMMENDATION: The Administration recommends that Council confirm the appointment of David Daniels as Renton's new Fire Chief at pay grade m49 step E, effective August 7, 2006. Rentonnet/agnbill/ bh 5175 Stone Croft Trail SW Atlanta, Georgia 30331 I. DAVID DANIELS Home: (404) 346-5670 Cell: (404) 680-1568 *foe E-mail: daviddaniels(c�mvcingular.blackberrv.net OBJECTIVE Selection as Fire Chief for the City of Renton, Washington A uniquely qualified senior executive with expertise in all major areas of fire and life safety service delivery. Experienced as a fire suppression firefighter, company and chief officer, inspector, EXECUTIVE hazardous materials technician, technical rescue technician, and PROFILE instructor. Nationally recognized Occupational Safety and Incident Management System instructor, and lecturer with a comprehensive focus on resource efficiency, organizational effectiveness and community sensitivity. EDUCATION A lifetime learner with on-going educational and developmental pursuits. • Master of Human Resources Management — Keller Graduate School of Management • Bachelor of Science — Fire Services Administration, Eastern " Oregon University • Associate of Arts — Fire Command and Administration, Bellevue Community College • Fire Service Fellow- Senior Executives in State and Local Government; Harvard University • Certificate (Graduate) Human Resources Management - Keller Graduate School of Management • Certificate — Quality Improvement Specialist, Seattle Central Community College MEMBERSHIPS Memberships in a variety of professional organizations. • Institution of Fire Engineers • International Association of Fire Chiefs • National Fire Protection Association (NFPA) • Society for Human Resources Management • National Fire Service Incident Management System Consortium • Fire Department Safety Officers Association • International Code Council • Georgia Fire Chiefs Association lowe • Southeastern Fire Chiefs Association • Metro Atlanta Fire Chiefs Association I. David Daniels Resume - 2 VARIED FIRE Numerous operational and administrative assignments, demonstrating a commitment to the organization and its continuous SERVICES improvement. EXPERIENCE FULTON COUNTY FIRE DEPARTMENT(MAR. 2001 -PRESENT) FIRE CHIEF Overseeing a Metropolitan Fire Department covering the unincorporated area of Fulton County Georgia, surrounding the capital city of Atlanta with 453 members, 22 fire stations and a $36 million total budget. SEATTLE FIRE DEPARTMENT(SEPT. 1981 —MAR. 2001) ASSISTANT FIRE CHIEF Safety and Employee Services, Overseeing the safety, human resource, and training functions of a fire department with 1120 full time employees. DEPUTY FIRE CHIEF Chief of Training, Overseeing the development, and delivery of 470,000 hours of training annually in 10 major training areas. Chief of Support Services, Overseeing the department's fleet of vehicles, its facilities and managing its logistical needs. FIRE BATTALION CHIEF Health and Safety Officer, established the Health and Safety Officer certification process. Battalion Chief, supervising busiest battalion in the department and fire boat. Safety Officer, FEMA US&R Washington Task Force 1 (Highest ranking member of the SFD at the Oklahoma City Bombing) FIRE CAPTAIN Acting Battalion Chief, (2) Operations Battalions. Fire Prevention Engineering Section Captain Company Captain, (4) Operations Engine Companies. FIRE LIEUTENANT Lieutenant, Battalion headquarters, Marine and Confined Space Rescue Teams. Lieutenant-Inspector, Compliance Officer. Lieutenant-Instructor- Training division, taught both engine and ladder skills. FIRE FIGHTER Acting Lieutenant, Supervising the Fresh Water Rescue Team. Fire Fighter, EMT, Hazmat Technician. At 3 stations in and around the downtown core. I. David Daniels Resume - 3 RESULTS As Fire Chief in Fulton County, Georgia, worked to increase the ORIENTED overall quality and effectiveness of fire & life safety services. • Spearheaded a successful effort to adopt the National Interagency Incident Management System in Fulton County • Spearheaded a successful effort to adopt a resolution requiring automatic external defibrillators in new buildings. • Developed both technical rescue and hazardous materials response capability through homeland security grant funding. • Initiated a department apparatus replacement plan. • Developed the formal proposal and charter document for the development of the Georgia Search and Rescue Task Force concept. INVOLVEMENT Involved in efforts to improve the fire service and the broader community at the local, state and national level. • Chair— International Association of Fire Chiefs, Safety, Health and Survival Section • Executive Board — International Fire Service Training Association • Executive Board — Fire 20120® 'Now • Editorial Board — Fire Chief Magazine • Editorial Board — International Journal of Fire Service Leadership and Management • National Firefighter Near Miss Reporting System Task Force • NFPA Technical Committee on Fire Service Occupational Safety and Health • NFPA Technical Committee on Professional Qualifications for IMS Functional Positions • Georgia State Standards and Training Advisory Board (Appointed by the Georgia Lieutenant Governor) • Association of County Commissioners of Georgia Public Safety Committee • Georgia Search and Rescue Task Force — Executive Committee • Concerned Citizens for the Future of South Fulton • Keep South Fulton Clean and Beautiful • Appointed by Two Governors to Washington State Fire Protection Policy Board (Chair 2000 — 2001) • Chair- City of Kent (WA) Diversity Advisory Board (1998- 2000) I. David Daniels Resume -4 MAJOR Involved in response and management of major incident and events INCIDENTS including: Nom" • Incident Commander on Georgia Type 3 Incident Management Team deployed to Hurricane Katrina recovery. • Safety Officer during Seattle Kingdome Stadium Implosion • Fire ESF Coordinator in the Seattle EOC during the World Trade Organization and subsequent civil disturbances. • Technical Info Specialist on Washington Urban Search and Rescue Task Force response to Northridge Earthquake • Logistics Section Chief on Washington Urban Search and Rescue Task Force response to the Oklahoma City Bombing • Venue Fire Marshal for Seattle Goodwill Games NOTABLE An effective speaker, lecturer and instructor. Just a few of my major PRESENTATIONS speaking engagements include: • !AFC Eastern Division Conference (2006) • Kansas Winter Fire School (2006) • Missouri Winter Fire School (2006) • Structural Firefighting Symposium — Johannesburg, South Africa (2005) • Colorado Fire Chief's Association Conference (2005) , uoi • Delaware Fire Chiefs Association Conference (2005) • National Safety Council Congress and Expo (2005) • U. S. Department of Defense — Emergency Preparedness Course, National Incident Management System (2005) • University of Maryland Fire and Rescue Institute— National Staff and Command Course (2005) • Black Chief Officers Committee Annual Conference (2005) • Green River, KY Firefighters Association Conference (2005) • Arizona Fire Chief's Association Conference (2004, 2005) • Peoria, AZ Fire Department "Battalion Chief Academy" (2004, 2005) • Fire Rescue International, (2003 -2006) • Maryland Chief Officer's Seminar, Rockville, MD (2004) • Charlotte, NC Fire Department (2004) • FDIC - Indianapolis, IN (2001 — 2004) • City of Dothan, AL - Diversity Training(2003) • Georgia Fire Chief's Association, St. Simmons Island, GA (2003) • Alabama Fire Chiefs Spring Conference, Tuscaloosa, AL (2003) • South Carolina Firemen's Association, Myrtle Beach, SC (2003) • Metropolitan Fire Chiefs Assoc. (2000. 2003, 2006) • International Command Conference - London, England (1999, 2000) Ants F• CITY OF RENTON COUNCIL AGENDA BILL IAI#: 4,4 + SUBMITTING DATA: FOR AGENDA OF: 06/12/06 Dept/Div....Human Resources&Risk Mgmt Staff Contact Michael Webby(x-7650) AGENDA STATUS: Consent X SUBJECT: Public Hearing Group Health Cooperative Medical Coverage Agreement Correspondence... Annual renewal. Ordinance .. Resolution Old Business EXHIBITS: New Business Study Session Contract Revisions Other RECOMMENDED ACTION: I APPROVALS: I Legal Dept X Refer to Finance Committee I Finance Dept I Other X ISCAL IMPACT: le None Transfer/Amendment.... Revenue Generated SUMMARY OF ACTION: Request approval for annual renewal of Group Health Contract Contract No. 0390400 for active LEOFF 1 Employees, Contract No. 0057500 and Contract 4057500 for LEOFF 1 Retirees, and Contract No. 1162600 for all active employees. Funding has been previously approved by Council in the 2006 Budget. The revisions are applicable to all four of the renewal contracts. As in prior years Group Health does not send confirming contracts for signature until mid year. The City Attorney's Office has reviewed and approved the 2006 contracts. Complete copies of the contract are available for review. STAFF RECOMMENDATION: Authorization for the Mayor and City Clerk to sign the annual Group Health Cooperative Medical contracts. City of Renton eceived JUN 0 5 2006 Han �9.:;n0es Nome Risk Mana�amant May 12, 2006 Ms. Terri Shuhart Human Resources &Risk Management CITY OF RENTON 1055 South Grady Way Renton, Washington 98055 Re: Group Health Cooperative Agreement Group Numbers 1162600, 0390400, 0057500 Dear Terri: Enclosed are copies of the City of Renton's Group Medical Coverage Agreements with Group Health Cooperative, effective January 1, 2006. These Agreements are for the Nosy following group of employees: 1) All Active Employees, Policy No. 1162600 2) Leoff I Actives, Policy No. 0390400 3) Leoff I Retirees, Policy No. 0057500 We are also forwarding the Contract Revisions from Group Health for the 2006 contracts. We see that changes have been made to the allowances schedule for services such as: lifetime maximum, limit on acupuncture and naturopathic visits, benefit period allowed for chemical dependency, and mental health services (in- and out-patient)being subject to applicable cost share. In addition, the special enrollment provision has been revised to keep your contract in compliance with HIPAA. Specifically, for mental health services the language has been updated to address the mental health parity requirements, in addition outpatient electro-convulsive therapy is now covered the same as any other outpatient surgery. Finally, the pre-existing condition exclusion and its corresponding definition has been revised in accordance with HIPAA regulations. Ms. Tern Shuhart May 12, 2006 Page 2 We have reviewed the contracts and all appears to be in order. Please take a moment for your own review and verification. After you have reviewed, please sign each contract and extra signature page, retain the contracts for your files and return the extra signature pages in the envelope provided. If you have any questions or need additional information, please do not hesitate to give our office a call. Sincerely, Pamela J. Arwood /pja Enclosures y 4 GROUP HEALTH COOPERATIVE CONTRACT REVISIONS Effective January 1, 2006 (Created 7/1/05) This is the most current list of revisions, but this list is subject to change at any time. CONTRACT LANGUAGEBENEFIT CHANGE EXPLANATION General Information Some minor changes to language have been made for consistency across our family of plans. Allowances Schedule The basic contract has been revised to reflect a$2,000,000 lifetime maximum per Member for covered services incurred. Acupuncture services have been increased from five to eight visits per Member per calendar year. The benefit period allowance under chemical dependency services has been increased in accordance with Washington state law.The dollar amount will be 'vise reflected in the Agreement. A clarification has been made to reflect that ostomy supplies(under Devices,Equipment and Supplies)are covered the same as prosthetic devices. Inpatient and outpatient mental health benefits are now subject to the applicable inpatient/outpatient services cost share in accordance with Washington state law. Naturopathy services have been increased from two to three visits per Member per calendar year. Eligibility and Enrollment The special enrollment provision has been revised in accordance with the latest HIPAA requirements. Mental Health Services A clarification has been made to the mental health exclusion language to address mental health parity requirements. Nome GHC(07/01/05) 1 Outpatient electro-convulsive therapy treatment is now covered the same as any other outpatient surgery. Exclusions The pre-existing condition exclusion has been revised in accordance with the latest HIPAA requirements. Defmitions The pre-existing condition defmition has been revised in accordance with the latest HIPAA requirements. GHC(07/01/05) 2 ''ad CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems June 12, 2006 Staff Contact Ryan Zulauf, x7471 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Consultant Contract with Parametrix for Airport Ordinance Maintenance Dredging and Shoreline Mitigation Resolution Project, Phase I Old Business Exhibits: New Business X Study Sessions Issue Paper Information Standard Consultant Contract Recommended Action: Approvals: Legal Dept X Refer to Transportation/Aviation Committee Finance Dept Human Resources/Risk Mgmt... X Fiscal Impact: Expenditure Required... $139,500 Transfer/Amendment.... Amount Budgeted $100,000(2006) Revenue Generated....... $ 76,400(grant) Total Project Budget $200,000(2006 &2007) City Share Total Project. $ 63,100 SUMMARY OF ACTION: Approve a contract with Parametrix in the amount of$139,500 to design and secure the permits to dredge the silt and debris choking the approaches to the seaplane base ramp and docks. The Maintenance Dredging and Shoreline Mitigation Project, Phase I was approved in the 2006 Airport Capital Improvement Program. The project budget is $100,000 in 2006 and $100,000 in 2007. It is anticipated that Phase II(construction) of this project will cost between$500,000 and $1 million. In order to proceed with construction, funding partners will have to be secured. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute the contract with Parametrix, Inc., in the amount of$139,500 for Phase I of the Airport Maintenance Dredging and Shoreline Mitigation Project. H:\File Sys\AIR-Airport,Transportation Services Division\03 Projects\OMTasks\Agenda Bills\Maint Dredging Project\Parametrix ag bill.doc f O PLANNING/BUILDING//a- PUBLIC WORKS DEPARTMENT , • se'‘N-v0� MEMORANDUM DATE: June 12, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: c-Kathy Keolker, Mayor FROM: Gregg Zimmerma‘kministrator STAFF CONTACT: Ryan Zulauf, Airport Manager(x7471) SUBJECT: Consultant Contract with Parametrix for Airport Maintenance Dredging and Shoreline Mitigation Project, Phase I ISSUE: Should Council approve the contract with Parametrix, in the amount of$139,500 for Phase I of the Airport Maintenance Dredging and Shoreline Mitigation Project? "fir.► RECOMMENDATION: Authorize the Mayor and City Clerk to execute the contract with Parametrix, Inc., in the amount of$139,500 for Phase I of the Airport Maintenance Dredging and Shoreline Mitigation Project. BACKGROUND SUMMARY: In more than 60 years of operation, the seaplane base has never been closed or impacted by silt from the Cedar River. In January 2006, a phase II flood event on the Cedar River resulted in one of the main channels on the river delta becoming choked with trees and other flood debris. This blockage caused the river to cut a new main channel through the delta and parallel to the end of the Airport runway. Silt and debris from the river have been channeled and deposited in and around the seaplane base, forming sandbars in the seaplane approach to the ramp and dock. Seaplanes require between 36" and 48"of water depth to navigate. There is a water depth range of 18"to 36"in the approach to the seaplane base during the year when the water levels are low in the lake. As a result, the seaplane base had to be closed during the month of January 2006,until the water level of the lake rose enough to allow minimal navigation. Now' Randy Corman,Council President Members of the Renton City Council June 12,2006 Page 2 of 3 Dredging of the delta and the area surrounding the seaplane base is required to keep the seaplane base operational. Without the maintenance dredging and mitigation,the next flood event on the Cedar River could cause the seaplane base to be closed indefinitely. Business Impacts There are nine businesses located on the Airport dependent on a fully functioning seaplane base. Nearly 50 tenant employees are in some way significantly engaged in the production, servicing,and/or repair of seaplanes and float-equipped aircraft. Additionally, several leased areas on the Airport are solely used for seaplane storage. It is likely that the City would face strong resistance to closing the seaplane base from long- term leaseholders. This was evidenced by the comments and complaints that were received by many tenants and pilots during the short closure in January 2006. The Will Rogers-Wiley Post Memorial Seaplane Base is the only publicly owned seaplane base in the Puget Sound region. It is one of the very few in the lower 48 states where floats can easily be exchanged for wheels or vice versa. The Airport is home to the largest concentration of seaplanes in the state. There are approximately 55 float- equipped aircraft based on the Airport making up 20% of all based aircraft on the Airport. There are currently two charter air-taxi operators on the Airport that are completely dependent on the seaplane base. Consistent with the policy direction in the 2005 Airport Development Study, Kenmore Air is evaluating the possibility of expanding their .,,,,,�✓ operations at the Airport and adding Renton to their list of locations for daily scheduled floatplane flights. Tenants researching the production of new amphibious aircraft for worldwide sales also use the seaplane base. Phase I Design Several months ago,Airport management contacted Parametrix to assist with the permitting and design(Phase I) of the Maintenance Dredging and Shoreline Mitigation Project. On May 15, 2006,the Council accepted a grant from the Washington State Department of Transportation's Airport Aid Program to provide part of the funding for this project. In Phase I, the consultant will develop a biological evaluation and secure the various federal, state, and local permits required to work in water. In addition, the design of the actual dredging project and mitigation will occur. The contract with Parametrix for permitting and design work is $139,500. The City's portion of the contract cost is $63,100 after applying the WSDOT grant in the amount of$76,400. This project is included in the 2006 Capital Improvement Program with a budget of$100,000. H:\File Sys\AIR-Airport,Transportation Services Division\03 Projects\OlTasks\Agenda Bills\Maint Dredging Project\Parametrix iss paper 5-17-06.doc Randy Corman,Council President Members of the Renton City Council June 12,2006 Page 3 of 3 Nome Phase II - Construction Phase II is the construction phase. Initial estimates for the construction phase of this project are between$500,000 and $1 million. Phase II consists of the removal of wood debris, dredging and disposal of dredge spoils, and the mitigation of the Cedar River high water outflows. Phase II would be pursued during the official "in water"work period during July 2007 or 2008. Initiation of Phase II work would be dependent on securing a funding package. cc: Peter Hahn,Deputy PBPW Administrator—Transportation Ryan Zulauf,Airport Manager Bruce Fisher,Airport Operations Specialist Lys Hornsby,Utility Systems Director Airport Secretary Now litarr C\Documents and Settings\User\Desktop\Parametrix iss paper 5-17-06.doc • Consultant/Address/Telephone Local Agency Parametrix Niasi Standard Consultant 1231 Fryar Avenue P.O.Box 460 Agreement Sumner,WA 98390 253-863-5128 ❑Architectural/Engineering Agreement ❑Personal Services Agreement Agreement Number Project Title And Work Description Seaplane Base in Renton,WA Federal Aid Number Agreement Type(Choose one) 0 Lump Sum Lump Sum Amount $ ®Cost Plus Fixed Fee DBE Participation Overhead Progress Payment Rate 1.85 % ❑Yes ®No % Overhead Cost Method Federal ID Number or Social Security Number ID Actual Cost 91-0914810 Do you require a 1099 for IRS? Completion Date ❑Actual Cost Not To Exceed Yes ®No January 31,2008 ®Fixed Rate 30 % Fixed Fee $ 11,744.41 Total Amount Authorized$ 139,500.00 ❑Specific Rates Of Pay ❑Negotiated Hourly Rate Management Reserve Fund$ ❑Provisional Hourly Rate Maximum Amount Payable$ 139,500.00 ❑Cost Per Unit of Work Index of Exhibits Exhibit"A"-Scope of Work/Budget 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"-Breakdown of Overhead Cost Exhibit"G"-Subcontract Work/Fee Determination (Not Applicable) 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"AGENCY", and the above organization hereinafter called the"CONSULTANT". DOT Form 140-089 EF Page 1 of 8 Revised 6/05 WITNESSETH THAT: WHEREAS,the AGENCY desires to accomplish the above referenced project,and WHEREAS,the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS,the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration,if applicable,and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE,in consideration of the terms,conditions,covenants and performance contained herein,or attached and incorporated and made a part hereof,the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT.The CONSULTANT shall furnish all services,labor,and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. 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 Now CONSULTANT participation.The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress report,in a form approved by the AGENCY,which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT,and each SUBCONSULTANT,shall not discriminate on the basis of race,color,national origin,or sex in the performance of this contract.The CONSULTANT,and each SUBCONSULTANT,shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts.Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises(DBE),if required,per 49 CFR Part 26,or participation of Minority Business Enterprises(MBE),and Women Business Enterprises(WBE),shall be shown on the heading of this AGREEMENT.If D/M/WBE firms are utilized,the amounts authorized to each firm and their certification number will be shown on Exhibit"B"attached hereto and by this reference made a part of this AGREEMENT.If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function(CUF)regulation outlined in the AGENCY'S"DBE Program Participation Plan".The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports,PS&E materials,and other data furnished to the CONSULTANT by the AGENCY shall be returned.All electronic files,prepared by the CONSULTANT,must meet the requirements as outlined in Exhibit"C." All designs,drawings,specifications,documents,and other work products,including all electronic files,prepared by the *lr• CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY.Reuse by the AGENCY or by others,acting through or on behalf of the AGENCY of any such instruments of service,not occurring as a part of this PROJECT,shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT,but may be extended by the AGENCY in the event of a delay attributable to the AGENCY,or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit"D"attached hereto,and by reference made part of this AGREEMENT.Such payment shall be full compensation for work performed or services rendered and for all labor,materials,supplies, equipment,and incidentals necessary to complete the work.The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be performed on this AGREEMENT.The need for a post audit will be determined by the State Auditor,WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub-Contracting The AGENCY permits sub-contracts for those items of work as shown in Exhibit"G"attached hereto and by this reference made part of this AGREEMENT. Compensation for this-sub-consultant work shall be based on the cost factors shown on Exhibit"G." The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor,overhead,direct non-salary costs and fixed fee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V.All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY.No permission for sub-contracting shall create,between the AGENCY and sub-contractor,any contract or any other relationship.A DBE certified sub-consultant is required to perform a minimum amount of their sub-contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person,other than a bona fide employee working solely for the CONSULTANT,to solicit or secure this contract,and that it has not paid or agreed to pay any company or person,other than a bona fide employee working solely for the CONSULTANT,any fee, commission,percentage,brokerage fee,gift,or any other consideration,contingent upon or resulting from the award or making of this contract.For breach or violation of this warrant,the AGENCY shall have the right to annul this AGREEMENT without liability or,in its discretion,to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee,commission,percentage,brokerage fee,gift,or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT,shall be considered employees of the CONSULTANT only and not of the AGENCY,and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged,and any and all claims made by a 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. ,r The CONSULTANT shall not engage,on a full-or part-time basis,or other basis,during the period of the contract,any professional or technical personnel who are,or have been,at any time during the period of the contract,in the employ of the United States Department of Transportation,or the STATE,or the AGENCY,except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract,the CONSULTANT,for itself,its assignees,and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et.seq.) 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, Ntiore the above formula for payment shall not apply. Page 4 of 8 In such an event,the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination,the amount of work originally required which was satisfactorily completed to date of termination,whether that work is in a form or a type which is usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so,and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount,which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence,the termination shall be deemed to be a termination for the convenience of the AGENCY.In such an event,the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member,partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROTECT,or dissolution of the partnership,termination of the corporation,or disaffiliation of the principally involved employee,the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT,if requested to do so by the AGENCY.This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY,if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph,should the surviving members of the CONSULTANT,with the AGENCY'S concurrence,desire to terminate this AGREEMENT,payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT,or for failure of the CONSULTANT to perform work required of it by the AGENCY.Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein,when required to do so by the AGENCY,without additional compensation thereof. Should the AGENCY fmd 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. Nue 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. lorw 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. Norse 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 Name' 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. Page 6 of 8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section.This remedy is not exclusive;and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT,or otherwise in law. XIV Extra Work *girl A.The AGENCY may at any time,by written order,make changes within the general scope of the AGREEMENT in the services to be performed. B.If any such change causes an increase or decrease in the estimated cost of,or the time required for,performance of any part of the work under this AGREEMENT,whether or not changed by the order,or otherwise affects any other terms and conditions of the AGREEMENT,the AGENCY shall make an equitable adjustment in the(1)maximum amount payable;(2)delivery or completion schedule,or both;and(3)other affected terms and shall modify the AGREEMENT accordingly. C.The CONSULTANT must submit any"request for equitable adjustment",hereafter referred to as"CLAIM",under this clause within thirty(30)days from the date of receipt of the written order.However,if the AGENCY decides that the facts justify it,the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D.Failure to agree to any adjustment shall be a dispute under the Disputes clause.However,nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E.Notwithstanding the terms and conditions of paragraphs(A)and(B)above,the maximum amount payable for this AGREEMENT,shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable,the CONSULTANT shall place their endorsement on all plans,estimates,or any other engineering data furnished by them. XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit"M-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY,Exhibit "M-2"Certification Regarding Debarment,Suspension and Other Responsibility Matters-Primary Covered Transactions,Exhibit"M-3"Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"M-4"Certificate of Current Cost or Pricing Data.Exhibit"M-3"is required only in AGREEMENTS over $100,000 and Exhibit"M-4"is required only in AGREEMENTS over$500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants,stipulations,and provisions agreed upon by the parties.No agent,or representative of either party has authority to make,and the parties shall not be bound by or be liable for,any statement,representation,promise or agreement not set forth herein.No changes,amendments,or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed to be an original having identical legal effect.The CONSULTANT does hereby ratify and adopt all statements,representations, warranties,covenants,and agreements contained in the proposal,and the supporting material submitted by the CONSULTANT,and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. 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. err► - By By OtConsultant W rj, ---VAI c , Agency VI\ Nome DOT Form 140-089 EF Revised 6/05 Page 8 of 8 EXHIBIT A SCOPE OF WORK Ned City of Renton Renton Municipal Airport — Seaplane Base The following scope addresses the tasks necessary to complete Phase I environmental permitting and engineering design for dredging and maintenance activities in front of the Renton Municipal Airport Seaplane Base on Lake Washington. After meeting with the City, it was determined that Phase I will be the work necessary to secure permits to dredge a channel for the seaplane base. Phase II will be the work necessary to find a permanent solution (and mitigation) to the blockage of the seaplane base by the alluvial fan created by the Cedar River. Environmental documents for permitting this work are anticipated to include a Biological Assessment (BA) for informal Endangered Species Act (ESA) consultation with U.S. Fish and Wildlife Service (USFWS) and National Oceanic Atmospheric Administration (NOAA) Fisheries, Hydraulic Project Approval (HPA) from Washington State Department of Fish and Wildlife (WDFW), a State Environmental Policy Act (SEPA) Checklist, a Section 10 permit and a dredging permit under Section 404 of the Clean Water Act from the U.S. Army Corps of Engineers (USACE), a Washington Department of Natural Resources (WDNR) Aquatic Resources Use Authorization, and a Washington State Department of Ecology(Ecology)Section 401 review. TASK 1 — PROJECT MANAGEMENT Goal Provide guidance and support for the total project. Ensure direction of all task efforts and serve as a communication link between the City and the Parametrix team. Approach Parametrix(Sumner office)will: • Work directly with the client and regulatory agencies. • Coordinate meetings with the regulatory agencies(if needed). • Coordinate project documentation. • Coordinate with subconsultants. • Twice monthly progress reports to City. Assumptions If there is a need for more information from the engineering team, the City will work as a liaison with the environmental team. Given an estimated start date of May 2006, the project permitting and design work should be completed by April 2007,provided USACE,WDFW,and Ecology act in a timely manner. Deliverables • Up to 24 monthly progress reports. • Internal team meetings. • General correspondence. City of Renton 214-1779-823 Renton Municipal Airport 1 April 2006 Seaplane Base—Scope of Work TASK 2—BACKGROUND RESEARCH AND DATA GATHERING Goal Compile the information needed to create the environmental documents. Approach Parametrix will gather and review relevant project data, field information, and listed species habitat information. We will compile existing City data, including species lists, construction activities for the project, the land-use and zoning designations of the site, stormwater plans, and all proposed best management practices (BMPs) for the construction activities. The information-gathering process will include contacting biologists from WDFW, NOAA Fisheries, and USFWS for additional information on species,occurrence,habitat requirements,and potential vulnerability to project-related activities. Assumptions Currently, there is no federal funding for the project; therefore the project will need to meet the State Environmental Policy Act(SEPA)requirements. The SEPA compliance will be either a Determination of Non-Significance (DNS) or a Mitigated Determination of Non-Significance (MDNS). If the SEPA compliance is an Environmental Impact Statement(EIS), the scope and budget will be revised. If federal funding is used for the project and National Environmental Policy Act(NEPA)documentation is required in addition to SEPA,the scope and budget will be revised. The City public works team will provide existing information as described above. Deliverables • The information gathered will be compiled into the JARPA,SEPA Checklist,and the BA. TASK 3—MITIGATION CONCEPT RECOMMENDATIONS Goal Develop recommendations for appropriate mitigation for Phase I work. Approach Research the mitigation opportunities on this site to provide soft armoring of the shoreline and move the floatplane ramp (which is currently parallel to the shore) to a perpendicular location providing less shading of the nearshore habitat. Assumptions Parametrix will provide the description of construction methods, project sequence, timing, site preparation, stormwater mitigation, and proposed construction equipment to avoid, minimize, and mitigate impacts of the proposed project activities. Deliverables • Brief letter identifying and evaluating possible mitigation actions, and recommending specific mitigation actions to be carried forward to the BA and JARPA. err► City of Renton 214-1779-823 Renton Municipal Airport 2 April 2006 Seaplane Base—Scope of Work TASK 4—DRAFT ENVIRONMENTAL DOCUMENTS Goal Prepare all required environmental documents to support environmental regulatory applications. Approach There are endangered fish species in the project vicinity, along with bull trout critical habitat. Three environmental documents will be required to obtain the permits for this project,including: • Joint Aquatic Resource Permit Application,which is used for: • USACE Permits Section 404. • City of Renton Shoreline Permit. > WDFW HPA Permit. > Ecology 401 review. • WDNR Aquatic Resources Use Authorization. • SEPA checklist. • ESA informal consultation(anticipate a Biological Evaluation/Assessment). The desired content and format for a BA will vary slightly from agency to agency; however, the expectations of NOAA Fisheries and USFWS dictate that certain information be provided in all BAs. Typically,the following items are included in BAs: • A brief description and location of the project. • Construction information including when the work will be completed. • Description of listed species or habitat within the project area. • Evaluation of the potential"effects"on listed species. • Matrix of pathways and indicators for the species. • Assertion of"effect"determinations for each listed species. • Development and recommendations of conservation and mitigation measures. • Section on Essential Fish Habitat. • Bibliography. Assumptions The only information the City of Renton needs for the shoreline permit is the JARPA, SEPA checklist, and BA. As stated above, the project will result in either an MDNS or a DNS under SEPA and will not require an Environmental Impact Statement(EIS). The City will approve the mitigation actions recommended by Parametrix for inclusion in the environmental documents.Final mitigation measures will be determined by the agencies. To expedite the schedule, we can prepare environmental documents prior to receipt of Puget Sound Dredge Disposal Analysis (PSDDA) sampling data. However, if substantial rework is needed due to data obtained from PSDDA sampling(i.e.,contaminated sediment),additional budget may be required. City of Renton 214-1779-823 Renton Municipal Airport 3 April 2006 Seaplane Base—Scope of Work Deliverables Parametrix will produce the following documents: • Draft SEPA checklist. • Draft BA and proposed mitigation. • Draft JARPA form. • One hard copy and an electronic copy of the draft documents will be provided to the City. TASK 5— FINAL ENVIRONMENTAL DOCUMENTS AND AGENCY COORDINATION Goal Prepare final environmental documents and submit to agencies; coordinate with agencies to obtain permits and approvals. Approach Parametrix will prepare final environmental documents based on City comments on the draft documents. Parametrix will meet on-site, if possible, with the regulatory agencies, submit documentation to the regulatory agencies,and coordinate review with the regulatory agencies. Parametrix will schedule up to two on-site meetings in order to accommodate the regulatory agencies schedules; after meeting on-site, Parametrix will prepare and submit the documents to the regulatory agencies. If the regulatory agencies require any revisions to the documents, Parametrix will review all requested changes with the City. If the City has any concerns about the required changes,Parametrix will coordinate any needed meetings between the City and the regulatory agencies. Assumptions This scope covers the work necessary for environmental permitting, including the BA (ESA review), EPA from WDFW, WDNR Aquatic Use Authorization, Section 10 and Nationwide Permits from USACE, and an Ecology 401 review. One copy of the preliminary draft environmental documents will be submitted for one round of reviews. The City, as lead agency, will complete and issue the SEPA threshold determination. It is anticipated that this determination will be either a DNS or MDNS. Coordination with the regulatory agencies is anticipated to take no more than 32 hours of work time. If extensive coordination with the agencies is necessary, a supplemental scope of work or amendment will be required. Deliverables • Two hard copies and an electronic version of the following final environmental documents will be provided to the City: • SEPA checklist. > Biological Assessment. Completed JARPA form. City of Renton 214-1779-823 Renton Municipal Airport 4 April 2006 Seaplane Base—Scope of Work TASK 6-TOPOGRAPHIC SURVEY Goal Perform a topographic survey at the southern end of Lake Washington generally between the boat slips to the west and approximately 1,000 feet to the east, to create a base map for dredging and mitigation design. Approach The anticipated survey activities will be as follows: • Research and review local records of survey for determination of inner and outer harbor lines,and horizontal and vertical control points in proximity to the site area. • Call for a utility locate within and adjacent to the area to be surveyed. • Conduct a bathymetric survey of the area along 1,000 feet of the shoreline, bounded by the boat slips to the west and the 3-foot elevation contour to the north (in the vicinity of the dredging area). Between the dock and the east side of the river,the survey will extend from the shoreline to 100 feet from shore to provide for conceptual design of mitigation elements. The bathymetric survey will be completed using a two-man raft and lead-line and/or leveling rod. Bathymetric shots will be taken on a grid of approximately 50-foot intervals throughout the area, which is comprised of approximately 4 acres. Upland survey will include mapping of the bulkhead, wood ramp,plane docks,any marked utilities,and the outer edge of the boat slips. • Process field data and prepare a base map showing mapped structures, inner and outer harbor lines,and a digital terrain map of the bed of the lake within the area surveyed. Deliverables • Electronic drawing of the base map and supporting control information. Assumptions The boundary lines of the site area will not be surveyed under this scope of work. Horizontal control for this survey will be referenced to Washington State Plane Coordinate System North Zone NAD (83/91). The vertical datum will be based upon elevations shown on the previous dredging and habitat enhancement plan for the site completed in 2001,or as otherwise determined. Harbor lines will be depicted from published records and will not be surveyed nor will surveys be conducted to determine the locations of harbor lines for this survey. The City of Renton will provide a utilities map of the area. It is assumed no utilities or stormwater outfalls are present with the proposed dredging area. Schedule Parametrix will complete the survey within 2 weeks from Notice to Proceed. City of Renton 214-1779-823 Renton Municipal Airport 5 April 2006 Seaplane Base—Scope of Work TASK 7—PSDDA SAMPLING Nave Goal Complete sediment characterization within proposed dredging prism per PSDDA criteria. Approach Three composite samples will be analyzed for sediment chemistry per the standard PSDDA analyte list. Analytes will include volatile organic acids (VOAs), semivolatile organic acids (SVOAs), polychlorinated biphenyls (PCBs), pesticides, metals, ammonia, total and volatile solids, sulfides, total organic carbon, and grain size, but will exclude tributyltin (TBT), guaiacols, chlorinated butadienes, or dioxin/furans. Parametrix will complete the following activities for design: • Prepare a brief Sampling and Analysis Plan(SAP). • Collect sediment cores and analyze sediment samples for chemistry per PSDDA guidelines. • Prepare a PSDDA Data Report. • Input sediment data to Ecology's SEDQUAL database.Note:This is an Ecology requirement. Assumptions If review of the SAP by the agencies adds testing requirements,a supplemental scope of work and budget will be prepared. limp" PSDDA sampling can be completed in 2 field-days. The sediment is suitable for collection of sediment cores using a vibracore apparatus. The vibracore apparatus cannot collect samples in sediment with obstructions or substantial rock or gravel. Sufficient sediment must be retained in the cores to meet sample analysis and regulatory requirements. We estimate that the PSDDA sampling effort will collect eight cores(at an 8-foot average depth,down to a 10-foot maximum), which will be composited appropriately to characterize approximately 30,000 cubic yards of dredge material from two to three PSDDA Dredge Material Management Units (DMMUs). The anticipated sampling approach may need to be changed, following receipt of topographic survey data, to include more or fewer samples. Tier III biological testing(i.e., bioassay or bioaccumulation tests), which could be required if any analyte exceeds the PSDDA screening levels,is not included in this scope and budget. Deliverables • Two hard copies and an electronic copy (pdf format) will be provided for each of the following, assuming client draft,agency draft, and final version: > Sampling and Analysis Plan. ➢ PSDDA Data Report and SEDQUAL submittal. City of Renton 214-1779-823 Renton Municipal Airport 6 April 2006 Seaplane Base—Scope of Work Schedule • The draft Sampling and Analysis Plan will be prepared within 1 week following receipt of topographic survey data. • The final SAP will be prepared within 1 week following receipt of agency comments. • Sampling will occur within 2 weeks after finalization of the SAP. • The draft PSDDA Data Report will be submitted within 4 weeks following sampling, assuming timely receipt of data from the laboratory. • The final PSDDA Data Report and SEDQUAL submittal can be completed within 10 days following receipt of City and agency comments. TASK 8—ENGINEERING DESIGN Goal Complete dredging design and provide bid-ready plans and specifications for dredging project. Approach Parametrix will complete the following activities for design: • Prepare design criteria letter for City review and comment. • Establish design criteria including dredging area, dredge elevation, dredge method, and dredge-material disposal site. • Preliminary cost estimate and schedule. `"", ➢ Develop preliminary feasibility analysis and cost estimate for relocating existing east/west- oriented dock(near shoreline)to extend offshore from existing north/shore-oriented dock. • Prepare 90 percent design level plans and specifications for City review. Plans will consist of the following: • G-1: Cover Sheet. ➢ G-2:Legend/Notes/Survey Notes. • C-1: Existing Conditions Plan. • C-2: Dredge Plan. • C-3: Mitigation Plan and Details. • Final bid-ready bid documents(including final plans and specifications). • Attend the prebid meeting and provide technical input for City-issued addenda. Assumptions PSDDA sampling will indicate sediment is sufficiently clean to be suitable for maintenance dredging (without environmental controls) and open-water disposal. No risk evaluation or other detailed chemical- data evaluation is necessary to justify open-water disposal.Dredge overflow water will be filtered through hay bales or filter fabric and allowed to return to the lake. tini� City of Renton 2144779423 Renton Municipal Airport 7 April 2006 Seaplane Base—Scope of Work The dredge cut will provide 12 feet of water depth after dredging. No utilities or other obstructions are present in the dredging area. Existing docks will not need to be temporarily relocated to complete dredging. The City of Renton or WDNR owns all property to be dredged. The City of Renton will complete all coordination necessary with other property owners. Dock relocation, if desired, is not included in the scope of work for plans and specifications, and will require a scope of work and budget amendment. The City of Renton will provide dredge-specification language for air-space restrictions related to contractor's use of large dredge equipment adjacent to the airport runway. The City of Renton will provide standard Divisions 0 and 1 bid documents (i.e., instructions to bidders, contract,etc.)in electronic format for Parametrix's use. Permits are identified and procured during other tasks,including the PSDDA open-water disposal permit. No building permit or other City/County permit is required. The City will reproduce bid documents for bidding, coordinate and advertise bidding, and prepare and distribute any addenda. Parametrix can provide a scope of work and budget for services during construction upon request. _,, Deliverables • Two hard copies and an electronic copy(pdf format)will be provided for each of the following: • Design Criteria Letter(including figure and cost estimate). • 90 Percent Design Submittal(including plans,specifications,and cost estimate). ➢ Final Bid Documents(including plans, specifications,and cost estimate). Schedule • The Design Criteria letter can be prepared within 3 weeks following receipt of data from the PSDDA sampling and topographic survey. • The 90 Percent Design Submittal can be prepared within 4 weeks of receipt of the City's approval of the Design Criteria letter,or 4 weeks following receipt of draft permits,whichever is later. • Final Bid Documents can be prepared within 2 weeks following receipt of the City's comments on the 90 Percent Design Submittal, and receipt of all final project environmental permits. To expedite the schedule, we can prepare design documents concurrently with the environmental documents. However, if substantial rework is needed due to permit conditions, additional budget may be required. erre City of Renton 214-1779-823 Renton Municipal Airport 8 April 2006 Seaplane Base—Scope of Work OVERALL SCHEDULE AND BUDGET Parametrix's proposed schedule and budget are presented below. This schedule assumes that the City „r„ authorized Parametrix to proceed by April 7, 2006. We anticipate that environmental permits can be secured by spring 2007 in time for the construction contractor to begin dredging in July 2007. We will expedite the permitting to the extent possible based on arguments of critical need and economic loss,but it is uncertain based on present assumptions and anticipated agency timeframes that environmental documents, sampling, design, permitting, and bidding can occur in time to allow the contractor to complete the dredging during the 2006 early-winter allowed in-water work permit from November 16 to December 31. The other allowed in-water work period is July 16 to July 31. Therefore,dredging may not occur until July 2007. ACTIVITY SCHEDULE BUDGET Task 1—Project Management Duration of Project $8,300 (May 2006 to April 2007) Task 2—Background Research April 2006 $7,500 and Data Gathering Task 3—Research and Mitigation May 2006 $2,600 Task 4—Draft Environmental July 2006 $22,600 Documents Task 5—Final Environmental August 2006 $19,500 Documents and Agency Coordination Task 6—Topographic Survey April 2006 $11,500 Task 7—PSDDA Sampling May 2006 $41,700 Task 8—Engineering Design $25,800 Design Criteria Letter:July 2006 90 Percent Design:Following receipt of draft permits. Final Design: Following receipt of final permits. Bidding Assistance:During bidding. TOTAL: $139,500 City of Renton 214-1779-823 Renton Municipal Airport 9 April 2006 Seaplane Base—Scope of Work Exhibit B Nifty DBE Participation (Not Applicable) Exhibit C Electronic Exchange of Engineering and Other Data In this Exhibit the agency,as applicable,is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency.The format and standards to be provided may include,but are not limited to,the following: I. Surveying,Roadway Design&Plans Preparation Section A. Survey Data B.Roadway Design Files C.Computer Aided Drafting Files D. Specify the Agency's Right to Review Product with the Consultant E. Specify the Electronic Deliverables to Be Provided to the Agency F.Specify What Agency Furnished Services and Information Is to Be Provided II. Any Other Electronic Files to Be Provided III. Methods to Electronically Exchange Data A. Agency Software Suite B. Electronic Messaging System C.File Transfers Format DOT Form 140-089 EF Exhibit C Revised 6/05 Exhibit D-2 Payment (Cost Plus a Fixed Fee) �rw 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 II,"Scope of Work."The CONSULTANT shall conform to all applicable portions of 48 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 on-salary costs,xu7.fer- La, 1. 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 booksof the CONSULTANT in the normal everyday keeping of its books.Progress payments shall be made at the rateshown in the heading of this AGREEMENT under"Overhead Progress Payment Rate."Total overhead paymentshall 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 part 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. lame DOT Form 140-089 EF Exhibit D-2 Revised 6/05 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. Nod The AGENCY, STATE and/or the Federal Government may perform an audit of the CONSULTANT'S books andrecords at any time during regular business hours to determine the actual overhead rate,if they so desire. 3. Direct Non-Salary Costs:Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include,but are not limited to,the following items:travel,printing,long distance telephone,supplies,computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY.The CONSULTANT shall comply with the rules and regulations regarding travel costs(excluding air,train,and rental car costs)in accordance with the AGENCY'S Travel Rules and Procedures. However,air,train,and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations(CFR)Part 31.205-46"Travel Costs."The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT.The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. 4. Fixed Fee:The Fixed Fee,which represents the CONSULTANT'S profit,is shown in the heading of this AGREEMENT under Fixed Fee.This amount does not include any additional Fixed Fee,which could be authorized from the Management Reserve Fund. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person-hours required to perform the stated Scope of Work.In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work,the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings.Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment,subject to the provisions of Section IX entitled"Termination of Agreement." 5.Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs,or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s)shall be in writing and shall not exceed the lesser of$100,000 or 10%of the Total Amount Authorized as shown in the heading of this AGREEMENT.The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT.This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work." 6. Maximum Total Amount Payable:The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized,and the Management Reserve Name Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV,"Extra Work."No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments:The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III,"General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct Salary,Direct Non-Salary,and allowable Overhead Costs to which will be added the prorated Fixed Fee.To provide a means of verifying the billed salary costs for CONSULTANT employees,the AGENCY may conduct employee interviews.These interviews may consist of recording the names,titles,salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. 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 N. 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. Nrrr .t �4.hiba- E Classification Rate Hours Cost Planner IV $35.75 114 $4,075.50 Sr.Scientist/Biologist $40.89. . 32 $1,308.48 Scientist/Biologist 111 $30.66 168 $5,150.88 Sr.Engineer $45.67 137 $6,256.79 BDPM Natural Resources $57.05 45 $2,567.25 Planner IV $33.58 50 $1,679.00 Sr. Engineer $41.28 30 $1,238.40 Sr.Tech.Aide $17.68 120 $2,121.60 Scientist/Biologist II $26.53 40 $1,061.20 Scientist/Biologist II $27.37 40 $1,094.80 Survey Crew $43.50 20 $870.00 Survey Crew $95.00 20 $1,900.00 Sr. Engineer $44.75 40. $1,790.00 Engineer III $27.50 62 $1,705.00 CADD $26.76 96 $2,568.96 Word Proc $21.91 127 $2,782.57 Project Surveyor $24.44 40 $977.60 $39,148.03 Overhead OH Rate X DSC $72,423.86 Fixed Fee FF Rate X DSC $11,744.41 1 • ( ( ( Exhibit F Parametrix, Inc. Overhead Schedule December 31, 2004 2004 Field Rate Allocation Amount Accepted Field Home Per G/L Adj. Ref. Amount % Office Office Direct Labor Base $14,773,875 ($52,687) C $14,721,188 $130,700 $14,590,488 Overhead Expenses Administrative Salaries $7,556,874 ($38,356) A,C $7,518,518 51.07% $66,752 $7,451,766 Training Salaries 340,295 A 340,295 2.31% 3,021 337,274 Vacation/Sick Leave/Holidays 3,142,077 A 3,142,077 21.34% 27,896 3,114,181 Bonuses 804,193 (78,583) A,D 725,610 4.93% 6,442 719,168 Marketing Salaries 2,858,353 B 2,858,353 19.42% 10,747 2,847,606 Advertising Expense 55,674 (55,674) B,E 0 0.00% 0 0 Marketing Expenses 271,418 (81,425) B,F 189,993 1.29% 714 189,279 ESOP Trust Retirement Plan 0 A 0 0.00% 0 0 Payroll Taxes 2,410,090 A 2,410,090 16.37% 21,398 2,388,692 Exise Taxes 651,626 A 651,626 4.43% 5,785 645,841 1 Insurance 416,508 A 416,508 2.83% 3,698 412,810 Medical Insurance 2,420,168 A 2,420,168 16.44% 21,487 2,398,681 Office Rent 2,195,117 (17,048) B,G 2,178,069 14.80% 8,189 2,169,880 Office Expenses&Supplies 240,533 (33,734) B,H 206,799 1.40% 778 206,021 Special Awards/Client Service 165,866 (123,740) B,I 42,126 0.29% 158 41,968 Printing,Copier/Printer Supplies 513,565 (4,246) B,E 509,319 3.46% 1,915 507,404 Billed In-House Printing (127,465) B (127,465) -0.87% (479) (126,986) Telephone 300,899 B 300,899 2.04% 1,131 299,768 Billed In-House Telephone (1,185) B (1,185) -0.01% (4) (1,181) Depreciation 1,019,920 B 1,019,920 6.93% 3,835 1,016,085 Business Meals 71,935 (64,741) B,J 7,194 0.05% 27 7,167 Auto Expense 264,706 (110) B,J 264,596 1.80% 995 263,601 Billed In-House Mileage (183,799) B (183,799) -1.25% (691) (183,108) Office Travel 281,238 (19,413) B,J 261,825 1.78% 984 260,841 Page 2 Parametrix, Inc. Overhead Schedule December 31, 2004 2004 Field Rate Allocation Amount Accepted. Field Home Per G/L Adj. Ref. Amount % Office Office Suscriptions/Library Material 73,815 B 73,815 0.50% 278 73,537 Dues 70,563 (8,641) A,K 61,922 0.42% 550 61,372 Donations 33,647 (33,647) B,L 0 0.00% 0 0 Professional Licenses 12,779 A 12,779 0.09% 113 12,666 Postage/Couriers/Freight 75,111 B 75,111 0.51% 282 74,829 Training/Education 515,653 (40,503) A,H 475,150 3.23% 4,219 470,931 Field Equipment/Supplies 18,256 _ B 18,256 0.12% 69 18,187 Lab Equipment/Supplies 34,153 B 34,153 0.23% 128 34,025 Sampling Equipment/Supplies 9,716 B 9,716 0.07% 37 9,679 Health&Safety Equipment/Supplies 3,443 B 3,443 0.02% 13 3,430 Survey Equipment/Supplies 23,801 B 23,801 0.16% • 89 23,712 Boat Equipment/Supplies 14,923 B 14,923 0.10% 56 14,867 Billed In-House Equipment (103,575) B (103,575) -0.70% (389) (103,186) Office Furniture 46,759 B 46,759 0.32% 176 46,583 Office Equipment 83,804 B 83,804 0.57% 315 83,489 Computer Supplies/Software 663,208 B 663,208 4.51% 2,494 660,714 Billed In-House Computer Charges (8,918) B (8,918) -0.06% (34) (8,884) Recruiting Costs 101,150 (121) B,H 101,029 0.69% 380 100,649 Payroll/Legal/Audit 263,307 (14,409) B,M 248,898 1.69% 936 247,962 Temporary Labor 45,939 B 45,939 0.31% 173 45,766 Consulting Services 300,768 B 300,768 2.04% 1,131 299,637 Employee Relocation Costs 19,805 B 19,805 0.13% 74 19,731 Bad Debts 61,104 (61,104) B,N 0 0.00% 0 0 Office Moving Remodeling 248,776 (143) B,H 248,633 1.69% 935 247,698 Personal Property Taxes 26,089 B, 26,089 0.18% 98 25,991 Utilites/Building Maintenance 155,257 B, 155,257 1.05% 584 154,673 Interest/Bank Charges 79,161 (60,953) B4O 18,208 0.12% 68 18,140 Facilities Cost of Capital 0 136,961 B,P 136,961 0.93% 515 136,446 Page 3 Parametrix, Inc. Overhead Schedule December 31, 2004 2004 • Field Rate Allocation Amount Accepted Field Home Per GIL Adj. Ref. Amount % Office Office G&A Alloc.to Krei Architecture (313,150) B (313,150) -2.13% (1,177) (311,973) Total Overhead Expenses $28,223,950 ($599,630) $27,624,320 187.65% $196,890 $27,427,430 Overhead Rate 191.04% 187.65% 150.64% 187.98% References A Allocation A=Field Labor/Total Direct Labor= 0.89% B Allocation B=(Total Indirect Labor*Allocation A)/(Home Office Direct Labor+Total Indirect Labor)= 0.38% C Remove overtime premium from labor costs per 48 CFR 22.103(b). D Remove auto salaries and retroactive pay per 48 CFR 31.205-6(a)(1). E Advertising and general marketing costs unallowable per 48 CFR 31.205-1(f). F Common control rent adjustment per 48 CFR 31.205-36(b)(3). G Advertising and public relations costs unallowable per 48 CFR 31.205-1. H Gifts unallowable per 48 CFR 31.205-13. Entertainment unallowable per 48 CFR 31.205-14. Alcoholic beverages unallowable per 48 CFR 31.205-51. Local meals unallowable per 48 CFR 31.205-14,48 CFR 31/206-46(aX2)(i),and WSDOT Accounting Manual M13-82,Chapter 10 Travel. I Excess holiday party and summer picnic costs unallowable per 48 CFR 31.205-14 and WSDOT Overhead Policy. J Excess per diem,lodging,and travel costs unallowable per 48 CFR 31.205-46(a)(2)(i)and WSDOT Accounting Manual Ml3-82, Chapter 10 Travel. K Dues to non-professional organziations unallowable per 48 CFR 31.205-1(f)(7). Lobbying costs unallowable per 48 CFR 31.205-22. L. Donations unallowable per 38 CFR 31.205-8. M Excess federal tax preparation fees unallowable per 48 CFR 31.205-41(b)(1),48 CFR 31.201-6(d),and WSDOT Overhead Policy. N Bad debts unallowable per 48 CFR 31.205-3. O Interest costs unallowable per 48 CFR 31.205-20. P Facilities cost of capital allowable per 48 CFR 31.205-10. Page 4 Exhibit G Subcontract Work/Fee Determination (Not Applicable) Exhibit H Title VI Assurances During the performance of this AGREEMENT,the CONSULTANT,for itself,its assignees,and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-discrimination in federally assisted programs of the AGENCY,Title 49,Code of Federal Regulations, Part 21,as they may be amended from time to time(hereinafter referred to as the"REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination:The CONSULTANT,with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race,color,sex,or national origin in the selection and retention of sub-consultants,including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS,including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants,Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract,including procurement of materials or leases of equipment,each potential sub-consultant or supplier shall be notified 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 %Noe 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 CONSULTANT 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 'err DOT Form 140-089 EF Exhibit H Revised 6/05 6. Incorporation of Provisions:The CONSULTANT shall include the provisions of paragraphs(1)through(5) in every sub-contract,including procurement of materials and leases of equipment,unless exempt by the REGULATIONS,or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the AGENCY,STATE or FHWA may direct as a means 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. Exhibit I Payment Upon Termination of Agreement 40410, 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 '46w AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form 140-089 EF Exhibit I Revised 6/05 a.r. 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 it has suffered some material damage due to the alleged error by the consultant. Step 1 —Potential Consultant Design Error(s)is Identified by Agency's Project Manager At the first indication of potential consultant design error(s),the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s).For federally funded projects,the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note:The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager,who has not been as directly involved in the project,to be responsible for the remaining steps in these procedures.) Step 2-Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s)and the magnitude of the alleged error(s),and with the Director of Public Works or Agency Engineer's concurrence,the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work;photographs,records of labor,materials and equipment. Step 3—Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further,the next step in the process is for the project "`ad manager to contact the consultant regarding the alleged design error(s)and the magnitude of the alleged error(s).The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel(including sub-consultants) deemed appropriate for the alleged design error(s)issue. Step 4—Attempt to Resolve Alleged Design Error with Consultant After the meeting(s)with the consultant have been completed regarding the consultant's alleged design error(s),there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s)occurred.If this is the case,then the Director of Public Works or Agency Engineer,or their representatives,negotiate a settlement with the consultant.The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place.The agency is to provide H&LP,through the Region DOT Form 140-089 EF Exhibit J Revised 6/05 Local Programs Engineer, a summary of the settlement for review and to make adjustments,if any,as to how the settlement affects federal reimbursements.No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s).The consultant may request that the alleged design error(s)issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer,after review with their legal counsel,is not able to reach mutual agreement with the consultant,proceed to Step 5. Step 5—Forward Documents to Highways and Local Programs For federally funded projects all available information,including costs,should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FHWA. H&LP will meet with representatives of the agency and the consultant to review the alleged design error(s),and attempt to find a resolution to the issue.If necessary,H&LP will request assistance from the Attorney General's Office for legal interpretation.H&LP will also identify how the alleged error(s)affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached,the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H&LP,in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached,the agency and consultant may seek settlement by arbitration or by litigation. 'fir 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 • 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 met 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),and FHWA(if applicable)agree with the consultant's claim,send a request memo,including backup documentation to the consultant to either supplement the agreement,or create a new agreement for the claim.After the request has been approved,the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit.No further action in needed regarding the claim procedures. DOT Form 140-089 EF Exhibit K Revised 6105 If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures. Step 3—Preparation of Support Documentation Regarding Consultant's Claim(s) ____ If the Agency does not agree with the consultant's claim,the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars,overhead costs,profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4—Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or *''' disapprove the claim,or portions thereof,which may include getting Agency Council or Commission approval(as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding 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. Exhibit L Liability Insurance Increase (Not Applicable) Exhibit M-1(a) Certification Of Consultant Project No. Local Agency I hereby certify that I am and duly authorized representative of the firm of Parametrix whose address is 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 'tow subject to applicable State and Federal laws,both criminal and civil. Date Signature NNW DOT Form 140-089 EF Exhibit M-1(a) Revised 6/05 Exhibit M-1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Renton Washington,and that the consulting firm or its representative has not been required,directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain,or agree to employ to retain,any firm or person;or (b) Pay,or agree to pay,to any firm,person,or organization,any fee,contribution,donation,or consideration of any kind;except as hereby expressly stated(if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration,U.S.Department of Transportation,in connection with this AGREEMENT involving participation of Federal-aid highway funds,and is subject to applicable State and Federal laws,both criminal and civil. Date Signature DOT Form 140-089 EF Exhibit M-1(b) Revised 6/05 Exhibit M-2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions Now I. The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: A. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions 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 contract under a public transaction;violation of federal or state antitrust statues or commission of embezzlement,theft,forgery, bribery,falsification or destruction of records,making false statements,or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal,state,or local)with commission of any of the offenses enumerated in paragraph(I)(B).of this certification;and D. Have not within a three(3)year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Now Consultant(Firm): Parametrix (Date) (Signature)President or Authorized Official of Consultant �11rf'` DOT Form 140-089 EF Exhibit M-2 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 or her knowledge and belief,that: 1. No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan,the entering into of any cooperative agreement,and the extension, continuation,renewal,amendment,or modification of any Federal contract, grant,loan,or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency,a member of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant(Firm): Parametrix (Date) (Signature)President or Authorized Official of Consultant led DOT Form 140-089 EF Exhibit M-3 Revised 6/05 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 Parametrix Name Title Date of Execution*** * Identify the proposal,quotation,request for price adjustment,or other submission involved, giving the appropriate identifying number(e.g.,RFP No.). ** Insert the day,month,and year when price negotiations were concluded and price agreement was reached. *** Insert the day,month,and year of signing,which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. ligare DOT Form 140-089 EF Exhibit M-4 Revised 6/05 S' CITY OF RENTON COUNCIL AGENDA BILL DISCUSSION DRAFT 1 At#: 60. rn r kkapoi Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems June 12, 2006 Staff Contact Sharon Griffm, x 7232 Agenda Status Consent X Subject: Public Hearing.. Lake Washington Trail South Lake Connector Federal Correspondence.. Transportation Enhancement Program Grant Ordinance Resolution X Old Business Exhibits: New Business Issue Paper Study Sessions WSDOT Local Agency Agreement Information Grant Prospectus, Vicinity Map Resolution Grant Award Letter Community Services/Parks CIP Project Sheet Recommended Action: Approvals: Legal Dept X Refer to Community Services Committee Finance Dept X Other iiibroe Fiscal Impact: Fund 316 Expenditure Required... $ 500,000 Total Transfer/Amendment Amount Budgeted $ 0 (new grant) Revenue Generated $ 500,000 Total Project Budget $ 500,000 City Share Total Project ... $ 0 SUMMARY OF ACTION: The Lake Washington Trail South Lake Connector project was selected for a Federal Transportation Enhancement grant of$500,000 with no City match required for design(see attached award letter). In the grant application,the City indicated$2 million of existing"secured" funding for construction and an estimated construction completion date of June 2009. The Local Agency Agreement to be signed by the City indicates that in the event that right-of-way acquisition or construction for this project is not started by the end of the tenth fiscal year following signature of the agreement,the City will repay to the state the sum or sums of federal funds paid to the City(see issue paper for details). The project includes design of approximately 2,600 feet of 10 to 12-foot wide American Disability Act (ADA) accessible pedestrian trail and over-water walkway to eliminate a gap in the system. The new trail will provide the missing transportation link between two regional trails, one local land trail, and one regional water trail. The Cedar River Trail (west end) will be connected to the Lake Washington Trail (east end). An existing piling and flume will be removed. STAFF RECOMMENDATION: Approve an interlocal agreement with the Washington State Department of Transportation(WSDOT) III and all subsequent WSDOT grant agreements necessary for a$500,000 Federal Enhancement grant, and adopt the resolution authorizing the Mayor and City Clerk to sign the agreement. H:Trans/sgriffin/Agenda Bills/AB Lake WA Trail Enhancement Grant Obligation f 0� PLANNING/BUILDING/ , PUBLIC WORKS DEPARTMENT •��'NTO� MEMORANDUM DATE: June 12, 2006 TO: Randy Corman, President Members of the Renton City Council VIA: ,�? Kathy Keolker, Mayor FROM: \ Gregg Zimmermar e inistrator STAFF CONTACT: Sharon Griffin, Transportation Program Development Coordinator(extension 7232) SUBJECT: Lake Washington Trail South Lake Connector Federal Transportation Enhancement Program Grant ISSUE: Should the City of Renton sign the Local Agency Agreement with the Washington State Department of Transportation(WSDOT)to accept Federal Transportation Enhancement grant funding for the Lake Washington Trail South Lake Connector project? RECOMMENDATION: Approve an interlocal agreement with the Washington State Department of Transportation(WSDOT) and all subsequent WSDOT grant agreements necessary for a $500,000 grant for Federal Transportation Enhancement, and adopt the resolution authorizing the Mayor and City Clerk to sign the agreement. BACKGROUND: The Lake Washington Trail South Lake Connector project was selected for a Federal Transportation Enhancement grant of$500,000 with no City match required for design (see attached award letter). In the grant application(Federal Fiscal Year 2004-2006), the City indicated $2 million of existing"Secured" funding for construction and an estimated construction completion date of June 2009. By definition of the grant application, the "Secured"funding can also include "Reasonably Expected to be Secured" funds. These two categories would include annual budgets, funds included in a six-year comprehensive plan, or funds beyond a current approved budget that are "consistent with a projected extrapolation based on historic levels of such funds"(Puget Sound Regional Council definition). Project funds of$3.9 million are listed in the Municipal Facilities Capital Improvement Program Fund for 2006 and 2007. Lake Washington Trail South Lake Connector June 12,2006 Page 2 The Local Agency Agreement to be signed by the City indicates that "In the event that right-of-way acquisition, or actual construction of the road,for which preliminary engineering is undertaken is not started by the closing of the tenth fiscal year following the fiscal year in which the agreement is executed, the Agency will repay to the State the sum or sums offederal funds paid to the Agency" (p. 2,Provision V. Compliance with Provisions). The project is being managed by the Community Services Department. The funds will be identified in the Municipal Facilities Capital Improvement Fund 316. The project includes design of approximately 2,600 feet of 10 to 12-foot wide ADA accessible pedestrian trail and over-water walkway to eliminate a gap in the system. The new trail will provide the missing transportation link between two regional land trails, one local land trail, and one regional water trail. The Cedar River Trail (west end) will be connected to the Lake Washington Trail (east end). An existing piling and flume will be removed. This project will be identified in the upcoming 2007-2012 Six-Year Transportation Improvement Program(TIP)within an existing program to meet Regional TIP guidelines for receipt of federal funds. A Regional TIP Application was submitted to the Puget Sound Regional Council (PSRC) on March 7, 2006, for inclusion of this project in the regional TIP. Attachments cc: Gregg Zimmerman,PBPW Administrator Mike Bailey,Finance&IS Administrator Terry Higashiyama,Community Services Administrator Peter Hahn,Deputy PBPW Administrator—Transportation Leslie Betlach,Parks Director Rich Perteet,Interim Transportation Design Supervisor Sharon Griffin,Transportation Program Development Coordinator Nancy Violante,FIS Grant Accountant Constance Brundage,Administrative Secretary H:\sgriffin\Parks Trail Grant\IP Lake WA Trail Connector Enhancement Grant Obligation Aink WI Washington State Local Agency Agreement Department of Transportation Agency City of Renton CFDA No. 20.205 (Catalog of Federal Domestic Assistance) Address 1055 S Grady Way Project No. Now Renton, WA 98055 Agreement No. For OSC WSDOT Use Only The Local Agency having complied,or hereby agreeing to comply,with the terms and conditions set forth in(1)Title 23,U.S.Code Highways,(2)the regulations issued pursuant thereto, (3) Office of Management and Budget Circulars A-102, A-87 and A-133, (4) the policies and procedures promulgated by the Washington State Department of Transportation, and (5) the federal aid project agreement entered into between the State and Federal Government, relative to the above project,the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification.Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r,column 3,without written authority by the State,subject to the approval of the Federal Highway Administration.All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Lake Washington Trail South Lake Connector Length 0.5 miles Termini Lake Washington Trail to Cedar River Trail Description of Work Design approximately 2,600 feet of 10 to 12-foot wide ADA accessible pedestrian trail and over-water walkway to eliminate a gap in the system. The new trail will provide the missing transportation link between two regional trails, one local land trail, and one regional water trail. The Cedar River Trail (west end)will be connected to Lake Washington Trail(east end). An existing piling and flume will be removed. Estimate of Funding Type of Work (1) (2) (3) j Estimated Total Estimated Agency Estimated Project Funds Funds Federal Funds ofa.Agency _ 6,000.00 0.00 6,000.00 loomory 100 % b. Other Consultant 493,000.00 0.00 493,000.00 c. Other Federal Aid d. State 1,000.00 0.00 1,000.00 Participation Ratio for PE e.Total PE Cost Estimate(a+b+c+d) 500,000.00 500,000.00 Right of Way f.Agency -- -------- -. g. Other h. Other Federal Aid i. State Participation Ratio for RW j.Total R/W Cost Estimate(f+g+h+i) Construction k.Contract I.Other m.Other n. Other o.Agency --- -- Federal Aid State Participation ---- --Ratio for CN q.Total CN Cost Estimate(k+l+m+n+o+p) r.Total Project Cost Estimate(e+j+q) 500,000.00 500,000.00 Agency Official Washington State Department of Transportation By By • ,tle Kathy Keolker,Mayor Assistant Secretary for Highways and Local Programs Date Executed DOT Form 140-039 EF 1 Revised 01/2004 Construction Method of Financing (Check Method Selected) State Ad and Award ❑Method A-Advance Payment-Agency Share of total construction cost(based on contract award) ❑Method B-Withhold from gas tax the Agency's share of total construction cost(line 4,column 2)in the amount of $ at$ per month for months. Local Force or Local Ad and Award ®Method C-Agency cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures,and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below.Adopted by official action on , Resolution/Ordinance No. Provisions I. Scope of Work 1.Preliminary engineering. The Agency shall provide all the work,labor,materials,and services necessary 2.Right of way acquisition. to perform the project which is described and set forth in detail in the"Project 3.Project construction. Description"and"Type of Work." In the event that right of way acquisition,or actual construction of the road, When the State acts for and on behalf of the Agency, the State shall be for which preliminary engineering is undertaken is not started by the closing of deemed an agent of the Agency and shall perform the services described and the tenth fiscal year following the fiscal year in which the agreement is indicated in"Type of Work"on the face of this agreement,in accordance with executed,the Agency will repay to the State the sum or sums of federal funds plans and specifications as proposed by the Agency and approved by the State paid to the Agency under the terms of this agreement(see Section IX). and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by The Agency agrees that all stages of construction necessary to provide the the Agency, the State shall have the right to perform the work subject to the initially planned complete facility within the limits of this project will conform ordinary procedures of the State and Federal Highway Administration. to at least the minimum values set by approved statewide design standards of Authorityapplicable to this class of highways, even though such additional work is II. Delegation financed without federal aid participation. The State is willing to fulfill the responsibilities to the Federal Government by The Agency agrees that on federal aid highway construction projects, the the administration of this project.The Agency agrees that the State shall have the current federal aid regulations which apply to liquidated damages relative to the full authority to carry out this administration.The State shall review, process, basis of federal participation in the project cost shall be applicable in the ever' and approve documents required for federal aid reimbursement in accordance the contractor fails to complete the contract within the contract time. with federal requirements. If the State advertises and awards the contract, the State will further act for the Agency in all matters concerning the project as VI. Payment and Partial Reimbursement requested by the Agency.If the Local Agency advertises and awards the project, the State shall review the work to ensure conformity with the approved plans and The total cost of the project, including all review and engineering costs and specifications. other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Transportation III. Project Administration Equity Act for the 21st Century (TEA 21), as amended, and Office of Certain types of work and services shall be provided by the State on this Management and Budget circulars A-102,A-87 and A-133.The State shall not project as requested by the Agency and described in the Type of Work above.In be ultimately responsible for any of the costs of the project.The Agency shall be addition, the State will furnish qualified personnel for the supervision and ultimately responsible for all costs associated with the project which are not inspection of the work in progress. On Local Agency advertised and awarded reimbursed by the Federal Government Nothing in this agreement shall be projects,the supervision and inspection shall be limited to ensuring all work is in construed as a promise by the State as to the amount or nature of federal conformance with approved plans,specifications,and federal aid requirements. participation in this project. The salary of such engineer or other supervisor and all other salaries and costs The Agency shall bill the state for federal aid project costs incurred in incurred by State forces upon the project will be considered a cost thereof.All conformity with applicable federal and state laws. The agency shall mimimize costs related to this project incurred by employees of the State in the customary the time elapsed between receipt of federal aid funds and subsequent payment of manner on highway payrolls and vouchers shall be charged as costs of the incurred costs. Expenditures by the Local Agency for maintenance, general project. administration,supervision,and other overhead shall not be eligible for federal participation unless an indirect cost plan has been approved by WSDOT. IV. Availability of Records All project records in support of all costs incurred and actual expenditures kept The State will pay for State incurred costs on the project.Following payment, by the Agency are to be maintained in accordance with local government the State shall bill the Federal Government for reimbursement of those costs accounting procedures prescribed by the Washington State Auditor's Office,the eligible for federal participation to the extent that such costs are attributable and U.S. Department of Transportation, and the Washington State Department of properly allocable to this project.The State shall bill the Agency for that portion Transportation.The records shall be open to inspection by the State and Federal of State costs which were not reimbursed by the Federal Government (see Government at all reasonable times and shall be retained and made available for Section IX). such inspection for a period of not less than three years from the final payment of any federal aid funds to the Agency.Copies of said records shall be furnished to 1. Project Construction Costs the State and/or Federal Government upon request. Project construction financing will be accomplished by one of the three methods as indicated in this agreement. V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification.The classifications of work for projects are: Nod DOT Form 140-039 EF 2 Revised 01/2004 Method A—The Agency will place with the State,within(20)days after the X. Traffic Control,Signing,Marking,and Roadway execution of the construction contract,an advance in the amount of the Agency's Maintenance share of the total construction cost based on the contract award.The State will notify the Agency of the exact amount to be deposited with the State.The State The Agency will not permit any changes to be made in the provisions for will pay all costs incurred under the contract upon presentation of progress parking regulations and traffic control on this project without prior approval of billings from the contractor. Following such payments,the State will submit a the State and Federal Highway Administration. The Agency will not install or 'Ailing to the Federal Government for the federal aid participation share of the permit to be installed any signs,signals,or markings not in conformance with ','cost. When the project is substantially completed and final actual costs of the the standards approved by the Federal Highway Administration and MUTCD. project can be determined,the State will present the Agency with a final billing The Agency will,at its own expense,maintain the improvement covered by this showing the amount due the State or the amount due the Agency. This billing agreement. will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. XI. Indemnity The Agency shall hold the Federal Government and the State harmless from Method B— The Agency's share of the total construction cost as shown on and shall process and defend at its own expense all claims,demands,or suits, the face of this agreement shall be withheld from its monthly fuel tax allotments. whether at law or equity brought against the Agency, State, or Federal The face of this agreement establishes the months in which the withholding shall Government, arising from the Agency's execution, performance, or failure to take place and the exact amount to be withheld each month. The extent of perform any of the provisions of this agreement,or of any other agreement or withholding will be confirmed by letter from the State at the time of contract contract connected with this agreement,or arising by reason of the participation award. Upon receipt of progress billings from the contractor, the State will of the State or Federal Government in the project,PROVIDED,nothing herein submit such billings to the Federal Government for payment of its participating shall require the Agency to reimburse the State or the Federal Government for portion of such billings. damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. Method C—The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once per month for those XII. Nondiscrimination Provision costs eligible for Federal participation to the extent that such costs are directly No liability shall attach to the State or Federal Government except as attributable and properly allocable to this project. Expenditures by the Local expressly provided herein. Agency for maintenance,general administration,supervision,and other overhead shall not be eligible for Federal participation unless claimed under a previously The Agency shall not discriminate on the basis of race,color,national origin, approved indirect cost plan. or sex in the award and performance of any USDOT-assisted contract and/or The State shall reimburse the Agency for the Federal share of eligible project agreement or in the administration of its DBE program or the requirements of costs up to the amount shown on the face of this agreement.At the time of audit 49 CFR Part 26. The Agency shall take all necessary and reasonable steps under the Agency will provide documentation of all costs incurred on the project. 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT's DBE program,as The State shall bill the Agency for all costs incurred by the State relative to the required by 49 CFR Part 26 and as approved by USDOT, is incorporated by project. The State shall also bill the Agency for the federal funds paid by the obligationence in this re toagrecarrynt Implementationtstrmsshall of this programa is a legal and failure to carry out its terms shall be treated as a violation of this State to the Agency for project costs which are subsequently determined to be agreement. Upon notification to the Agency of its failure to carry out its ineligible for federal participation(see Section IX). approved program,the Department may impose sanctions as provided for under VII. Audit of Federal Consultant Contracts 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. The Agency, if services of a consultant are required,shall be responsible for 3801 et seq.). audit of the consultant's records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made The Agency hereby agrees that it will incorporate or cause to be incorporated available to the State and the Federal Government. into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60,which An audit shall be conducted by the WSDOT Internal Audit Office in is paid for in whole or in part with funds obtained from the Federal Government accordance with generally accepted governmental auditing standards as issued by or borrowed on the credit of the Federal Government pursuant to a grant, the United States General Accounting Office by the Comptroller General of the contract,loan,insurance,or guarantee or understanding pursuant to any federal United States;WSDOT Manual M 27-50,Consultant Authorization, Selection, program involving such grant, contract, loan, insurance, or guarantee, the and Agreement Administration;memoranda of understanding between WSDOT required contract provisions for Federal-Aid Contracts(FHWA 1273),located in and FHWA;and Office of Management and Budget Circular A-133. Chapter 44 of the Local Agency Guidelines. If upon audit it is found that overpayment or participation of federal money in The Agency further agrees that it will be bound by the above equal ineligible items of cost has occurred,the Agency shall reimburse the State for the opportunity clause with respect to its own employment practices when it amount of such overpayment or excess participation(see Section IX). participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or VIII. Single Audit Act subdivision of such government which does not participate in work on or under The Agency, as a subrecipient of federal funds, shall adhere to the federal the contract. Office of Management and Budget (OMB) Circular A-133 as well as all The Agency also agrees: applicable federal and state statutes and regulations. A subrecipient who (I) To assist and cooperate actively with the State in obtaining the expends $500,000 or more in federal awards from all sources during a given compliance of contractors and subcontractors with the equal opportunity clause fiscal year shall have a single or program-specific audit performed for that year and rules,regulations,and relevant orders of the Secretary of Labor. in accordance with the provisions of OMB Circular A-133. Upon conclusion of the A-133 audit,the Agency shall be responsible for ensuring that a copy of the (2) To furnish the State such information as it may require for the report is transmitted promptly to the State. supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. IX. Payment of Billing (3) To refrain from entering into any contract or contract modification The Agency agrees that if payment or arrangement for payment of any of the subject to Executive Order 11246 of September 24, 1965,with a contractor State's billing relative to the project(e.g.,State force work,project cancellation, debarred from, or who has not demonstrated eligibility for, government overpayment, cost ineligible for federal participation, etc.) is not made to the contracts and federally assisted construction contracts pursuant to the Executive State within 45 days after the Agency has been billed, the State shall effect Order. reimbursement of the total sum due from the regular monthly fuel tax allotments the Agency from the Motor Vehicle Fund. No additional Federal project (4) To carry out such sanctions and penalties for violation of the equal sending will be approved until full payment is received unless otherwise directed opportunity clause as may be imposed upon contractors and subcontractors by the Assistant Secretary for Highways and Local Programs. the State,Federal Highway Administration,or the Secretary of Labor pursuant to Part II,subpart D of the Executive Order. DOT Form 140-039 EF Revised 01/2004 3 In addition,the Agency agrees that if it fails or refuses to comply with these XV. Venue for Claims and/or Causes of Action undertakings,the State may take any or all of the following actions: For the convenience of the parties to this contract,it is agreed that any claims (a) Cancel,terminate,or suspend this agreement in whole or in part; and/or causes of action which the Local Agency has against the State of Washington, growing out of this contract or the project with which it is (b) Refrain from extending any further assistance to the Agency under the concerned,shall be brought only in the Superior Court for Thurston County. program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency;and XVI. Certification Regarding the Restrictions of the Use ,41000 of Federal Funds for Lobbying (c) Refer the case to the Department of Justice for appropriate legal The approving authority certifies, to the best of his or her knowledge and proceedings. belief,that: XIII. Liquidated Damages (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 The Agency hereby agrees that the liquidated damages provisions of 23 CFR influence an officer or employee of any federal agency,a member of Congress, Part 635, Subpart 127, as supplemented, relative to the amount of Federal an officer or employee of Congress,or an employee of a member of Congress in participation in the project cost,shall be applicable in the event the contractor connection with the awarding of any federal contract,the making of any federal fails to complete the contract within the contract time. Failure to include grant, the making of any federal loan, the entering into of any cooperative liquidated damages provision will not relieve the Agency from reduction of agreement, and the extension, continuation, renewal, amendment, or federal participation in accordance with this paragraph. modification of any federal contract,grant,loan,or cooperative agreement. XIV. Termination for Public Convenience (2) If any funds other than federal appropriated funds have been paid or will The Secretary of the Washington State Department of Transportation may be paid to any person for influencing or attempting to influence an officer or terminate the contract in whole,or from time to time in part,whenever: employee of any federal agency,a member of Congress,an officer or employee (1) The requisite federal funding becomes unavailable through failure of of Congress,or an employee of a member of Congress in connection with this appropriation or otherwise. federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL, "Disclosure Form to Report (2) The contractor is prevented from proceeding with the work as a direct Lobbying,"in accordance with its instructions. result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense,or an Executive Order of the President (3) The undersigned shall require that the language of this certification be or Governor of the State with respect to the preservation of energy resources. included in the award documents for all subawards at all tiers (including subgrants,and contracts and subcontracts under grants, subgrants, loans, and (3) The contractor is prevented from proceeding with the work by reason of a cooperative agreements)which exceed$100,000,and that all such subrecipients preliminary, special, or permanent restraining order of a court of competent shall certify and disclose accordingly. jurisdiction where the issuance of such order is primarily caused by the acts or This certification is a material representation of fact upon which reliance was omissions of persons or agencies other than the contractor. placed when this transaction was made or entered into. Submission of this (4) The Secretary determines that such termination is in the best interests of certification as a prerequisite for making or entering into this transaction the State. 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. Additional Provisions DOT Form 140-039 EF 4 Revised 01/2004 Ink � Washington State Local Agency Federal Aid �I/ Department of Transportation Project Prospectus Prefix Route ( ) Federal Aid Date 6/1/2006 'fir✓ Project Number Local Agency /WSDOT1 Federal Employer 91-6001271 Project Number `Use Only/ Tax ID Number Agency Federal Program Title City of Renton El 20.205 0 20.209 0 Other Project Title Lake Washington Trail South Lake Connector Start Latitude N 47.5027 Start Longitude W-122.2000 End Latitude N 47.4996 End Longitude W-122.2188 Project Termini From To Lake Washington Trail Cedar River Trail From: To: Length of Project Award Type N/A N/A 0.5 miles ® Local 0 Local Forces 0 State 0 Railroad Federal Ager City Number County Number County Name WSDOT Region ® FHWA D Others 1070 17 King Northwest Region Congressional District Legislative Districts Urban Area Number TMA/MPO/RTPO 8&9 37&41 1 PSRC Total Local Agency Federal Funds Phase Start Phase Estimated Cost Funding Date (Nearest Hundred Dollar) (Nearest Hundred Dollar) (Nearest Hundred Dollar) Month Year P.E. $500,000 $0 $500,000 6/06 RAN $0 $0 $0 N/A Const. $4,500,000 $4,500,000 $0 8/07 Total $5,000,000 $4,500,000 $500,000 Ion"' Description of Existing Facility (Existing Design and Present Condition) Roadway Width Number of Lanes N/A N/A No trail exists on the north side of the restricted Boeing Company property. The project site is a combination of over-water, shoreline,and land-based areas located on the Department of Natural Resources(DNR)land and on easements through Boeing and Southport property. It includes neglected shoreline(2,100 feet)with a double sheet pile wall,rock/sandy beach,and undeveloped areas with limited access(fenced Boeing boundary). The Cedar River Trail now terminates at the dock of the Cedar River Boathouse and the Lake Washington Trail terminates at the south end of Gene Coulon Park. Description of Proposed Work Roadway Width Number of Lanes ®New Construction 0 3-R 0 2-R N/A N/A Design approximately 2,600 feet of a 10 to 12-foot wide ADA accessible pedestrian trail and over-water walkway to eliminate a gap in the system. The new trail will provide the missing transportation link between two regional land trails,one local land trail, and one regional water trail at the south end of Lake Washington. The Cedar River Trail(west end of the project)will be connected to Lake Washington Trail(east end). An over-water walkway is the only viable design solution for bypassing The Boeing Company facility;it will offer a trail experience not found anywhere else on Lake Washington. An existing piling and flume will be removed,providing an added benefit of restoring important fish habitat near the Cedar River. Local Agency Contact Person Title Phone Sharon Griffin Program Development Coordinator 425.430.7232 Mailing Address City State Zip Code 1055 S Grady Way _ Renton WA 98055 By / /7/ �'%4' Project Prospectus Approval Approving Authority Title Transportation Design Supervisor Date ‘ —( —D DOT Form 140-101 EF Page 1 of 3 ■Supersedes Pervious Editions Revised 8/2005 Agency Project Title Date City of Renton Lake Washington Trail South Lake Connector 6/1/2006 Geometric Design Data Description Through Route Crossroad ❑Principal Arterial 0 Principal Arterial Federal ❑Urban ❑Minor Arterial Urban 0 Minor Arterial ❑Collector 0 Collector Functional 0 Major Collector 0 Major Collector Classification ❑Rural 0 Minor Collector ❑Rural 0 Minor Collector ❑Access Street/Road 0 Access Street/Road Terrain ®Flat ❑Roll 0 Mountain 0 Flat 0 Roll 0 Mountain Posted Speed N/A N/A Design Speed N/A N/A Existing ADT N/A N/A Design Year ADT N/A N/A Design Year N/A N/A Design Hourly Volume(DHV) N/A N/A Accident-3 Year Experience Property Injury Accidents Fatal Accidents Total Number Year Damage Number of Number of Number of Number of of Accidents Accidents Accidents Injuries Accidents Fatalities N/A Performance of Work Preliminary Engineering Will Be Performed By Others Agency Consultant 99 % 1 % Construction Will Be Performed By Contract Agency Contract % % Environmental Classification ®Final ❑Preliminary ❑ Class I-Environmental Impact Statement(EIS) ® Class II-Categorically Excluded(CE) o Project Involves NEPA/SEPA Section 404 ® Projects Requiring Documentation Interagency Agreement (Documented CE) ❑ Class III-Environmental Assessment(EA) ❑ Project Involves NEPA/SEPA Section 404 Interagency Agreement Environmental Considerations A pedestrian trail and over-water walkway will be built. This project will provide environmental stewardship. In addition to creating pedestrian benefits,the trail development will result in environmental benefits. The project will remove outer sheet piles in Lake Washington and support the boardwalk with steel pipe piles. Removal of the existing piling and flume,and the addition of near shore and substrate habitat enhancements will improve habitat for Chinook salmon and other salmonoid species. Plantings of native vegetation along the shoreline trail will also improve wildlife habitat. The boardwalk will be constructed in deeper water to reduce concerns of shading fish habitat. „or DOT Form 140-101 EF Page 2 of 3 Revised 8/2005 Agency Project Title Date City of Renton Lake Washington Trail South Lake Connector 6/1/2006 Right of Way Nti" ❑No Right of WayRequired 9 eq ®Right of Way Required *All construction required by the contract can be accomplished 0 No Relocation 0 Relocation Required within the existing right of way. Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project The major new structure on this project is the over-water boardwalk which will connect to the existing pier at the end of the Cedar River Trail. FAA Involvement Is any airport located within 3.2 kilometers(2 miles)of the proposed project? ® Yes 0 No Remarks Renton Airport is within the 2 mile area,but this project will have no effect. Nwire This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, and is not inconsistent with the agency's comprehensive plan for community development. Agency City of Renton Date By Mayor/Chairperson DOT Form 140-101 EF Page 3 of 3 Revised 8/2005 Attachment A Vicinity Map City of Renton Lake Washington Trail South Lake Connector / cENNYDALE NEIGHBRHOOD LAKE I WAS11NGTON .� " ' LOOP TRAIL .... LAKE , WAS GTO � ' o _ , CO i s 1 er PRS ON HIGHLANDS 471• Std Rte:,{ NEIGHBRHOOD . ' s • { r: GARDEN! FUTURE "' ' x '" :cora CEDAR f LAKESHORE, ' HOUSER :F.,,.. RIVER ' LANDING a Z = TRAIL ... TRAIL Ul1.) ,. . , t 1 E ‘;.........,,,w, 1"t .....00 ,. ` - , „, = FUTURE LOGA.. ZI 4 i :r #mange. AVE TRAIL w� a .g E'' n EXISTING BOEING i" Q N 6TH ST (o ' AIR FIELD I. < - - } t AIRPORT ► Oma` . - utxra gas. .s PERIMETER ` ,atiK!G fA ih ,F TRAIL urn $ - NTOl'' s ' *Ns - NIOR. f .,. " 'E .. TER ` iir0 S 2ND ST . 'NSI : , : .max 0OWN-TOWN i , RENTON 1 - BURNETT-4.i LEGEND ,, • TRAIL - . . _ I r #.„- MAJOR CONNECTION NODE filik i-2-7:11L..... S 7TH ST f......EXISTING TRAILS r is PROPOSED TRAIL c - ---- CITY LIMITS LINE • BOEING PLANT START!END TRAIL i LAKE WASHINGTON TRAIL SOUTH LAKE CONNECTOR T Vicinity Map N NO SCALE City of Renton �,��, TRANSPORTATION/AVIATION COMMITTEE COMMITTEE REPORT June 19, 2006 Lake Washington Trail South Lake Connector Federal Transportation Enhancement Program Grant (June 12, 2006) The Transportation Committee recommends concurrence in the staff recommendation to authorize the Mayor and City Clerk to enter into the interlocal agreement with Washington State Department of Transportation(WSDOT) and all subsequent WSDOT grant agreements necessary for a $500,000 Federal Transportation Enhancement grant. The Committee further recommends that the resolution regarding this matter be presented for reading and adoption. Marcie Palmer, Chair Don Persson, Vice Chair Terri Briere, Member cc: Terry Higashiyama,Community Services Administrator Peter Hahn, Deputy PBPW Administrator Leslie Betlach,Parks Director Rich Perteet, Interim Transportation Design Supervisor Sharon Griffin,Transportation Program Development Coordinator Nancy Violante, FIS Grant Accountant Connie Brundage,Administrative Secretary H:Trans/Admin/Admin Sec/Committee Reports/Lake WA Trail Enhancement Grant RECEIVED CITY OF RENTON, WASHINGTON APR - 3 2006 RESOLUTION NO. Transportation Systems A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A LOCAL AGENCY AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (WSDOT) TO OBTAIN$500,000 OF TEA-21 ENHANCEMENT GRANT FUNDS FOR THE PROJECT DESIGN OF THE CONNECTION BETWEEN THE LAKE WASHINGTON TRAIL IN COULON PARK AND THE CEDAR RIVER TRAIL. WHEREAS,the Cedar River Trail and the Lake Washington Trail are currently separated by a combination of over-water, shoreline, and landbased areas located on the Department of Natural Resources' land and on easements through Boeing and Southport property; and WHEREAS, Renton's proposed project to connect the two trails includes a plan to design approximately 2,600 feet of a 10 to 12-foot wide ADA accessible pedestrian trail and over- .4000 water walkway; and WHEREAS,this project is commonly referred to as the"Sam Chastain"trail or the"Lake Washington Trail South Lake Connector"; and WHEREAS, WSDOT has monies available for this project design through the TEA-21 Enhancement Grant Funds; and WHEREAS, the City of Renton has been awarded $500,000 through that grant program for this project; and WHEREAS,no local matching funds are required; and WHEREAS, it is necessary to document the terms and conditions under which the City of Renton will receive such a grant; 1 • RESOLUTION NO. NOW, 'THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, err.. WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION H. The Mayor and City Clerk are authorized to enter into the Local Agency Agreement between WSDOT and the City of Renton for the project design of the Lake Washington Trail South Lake connector. PASSED BY THE CITY COUNCIL this day of , 2006. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2006. *r.r Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1168:3/30/06:ma 2 WinlaWashington State Transportation Building Department of Transportation 310 Maple Park Avenue S.E. Douglas B. MacDonald P.O.Box 47300 Secretary of Transportation Olympia,WA 98504-7300 March 8,2006 360-705-7000 TTY: 1-800-833-6388 www.wsdot.wa.gov Mr. Greg Zimmerman z = ; . Public Works Administrator ¢ City of Renton MAR I 1055 South Grady Way Renton,WA 98055-3232 CITY OF RE .l7 O; PUBLIC WORKS AIN,AIN Re: Transportation Enhancement Program Dear Mr.Zimmerman: We are pleased to advise you that the Secretary of Transportation has approved the following project for funding through the Federal Transportation Enhancement Program: Lake Washington Trail South Lake Connector $500,000 Federal-aid funding for this project will be limited to the above amount. The federal share is 100 percent and requires no matching funds. To obligate funding for this project, submit your agreement/prospectus and any other items to your Regional Local Programs Engineer. Projects utilizing federal funds must be included in your current ;,ed Transportation Improvement Program(TIP). Unless significant environmental issues are evident,the project will be included in the statewide enhancement bucket in the STIP and an amendment will not be necessary. Project expenditures are not eligible for reimbursement until after we provide notice that funds are obligated. Please be reminded that one of the selection criteria was to be able to obligate this project by March 1,2007. We urge you to proceed in obligating funds for this project at the earliest possible date. This program does require quarterly progress reports. These reports must be submitted until your project is complete and the agreement closed. The reports are due by the end of the following months: February,May,August,and November. Please submit your completed report form by email to Stephanie Tax at taxs@wsdot.wa.gov. Should you have any questions on how to pursue this project,please contact Ed Conyers,your Regional Local Programs Engineer at(206)440-4734. Sincerely, Kathleen B.Davis Director Highways&Local Programs .441101 cc: Ed Conyers,Northwest Region Local Programs Engineer,MS NB82/121 Bob Drewel,Executive Director,Puget Sound Regional Council CAPITAL IMPROVEMENT PROGRAM 2006 through 2011 Project Title: Cedar River Trail Extension Project Type: Development Total Anticipated Project Cost: $ 4,200 Project Description:The Sam Chastain Waterfront Trail will connect Coulon Park to the existing Cedar River Trail/Boathouse;this project is the third phase. The first phase completed in 1990 included constructing a waterwalk from the terminus of the Cedar River Trail extending beyond the former hydrofoil building. The second phase completed in 2000 included boathouse/restroom improvements to the former hydrofoil building. Easements from SECO Development,Boeing,and DNR are being negotiated.The project scope includes an over water trail connection on a Boeing trail easement to the City's Boathouse, park/trail improvements to the DNR property, and a connection from the Southport Development to the DNR property. Because of the complex easement negotiations with all parties, completion of preliminary design and permits is estimated to occur in 2006,with construction anticipated in late 2007. Estimated Impact on Future Operating Budgets is$3,500 In 2007, and$12,000/vr from 2008 to 2011.(This phase was first Introduced as a GIP orolect in 2000 and re-named in 2003 as the Sam Chastain Waterfront Trail). Budget Overview Budaet YTD Actual Remaining Summary of Progress & Changes -4 • . • . Carry forward all unspent design monies from 2005 2004 127 127 to increase design/construction document budget in a a ` � tt ``�i cY.r�'",A'�hsw�. �. c�.. ,vs 3� ,i�: N,rszrE ., ,, � � �: = order to complete the document project. Permits could 2005 Adopted Budget 100 ;. . take up to two years to secure. Negotiations with Plus:Carry Forward Funds +. 126 • i Boeing, Department of Natural Resources, and SECO Mid Year Adjustments +i •• x_, , , -'i Development are ongoing. Re-allocate and increase 2005 Adjusted Budget 226 226 construction monies to 2007($3 million). f r" _r: = S' �'s,"» ° ; ''r �' ssa'''�"�2 �Y "'3z 3`w` "} rxaq�" ' m."'Y x"�.?4",' , 'Kz',c�w''' "�»�wd�sau.a..4..'` ?'` '11y"wti srw3.:X;:r ZwY Activity Life to Date • Projected . . . Through 2004 June 2005 YTD Project Total ggef gee ne4 I 2Q1Q Q1;1 Expenditures 74 - 74 900 3,000 • • • • Revenues: Operating 74 226 300 Bond Proceeds - .. • Other n - 900 3,000''. - Total Revenues 74 226 300 900::: 3,000 ": - . - Funds Available 226 m-mitigation;9-grant; d-developer contribution;n-not funded Amounts are in thousands of dollars Community Services/Parks Page 5 CITY OF RENTON COUNCIL AGENDA BILL IAl#: / / ! • Submitting Data: For Agenda of: Dept/Div/Board.. PBPW/Utility Systems June 12, 2006 Staff Contact Ron Straka, x7248 Agenda Status Consent X Subject: Public Hearing.. Springbrook Creek Wetland and Habitat Mitigation Correspondence.. Bank Agreements Ordinance Resolution X Old Business Exhibits: New Business Issue paper Study Sessions Mitigation Bank Instrument Agreement Information Resolution Recommended Action: Approvals: Refer to Utilities Committee Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... $450,000 (10-yr monitoring Transfer/Amendment & site management cost est.) Amount Budgeted $0 Revenue Generated Total Project Budget City Share Total Project.. mow SUMMARY OF ACTION: The Surface Water Utility, the Parks Division and the Transportation Division have worked in cooperation with the Washington State Department of Transportation(WSDOT)to create the Springbrook Creek Wetland and Habitat Mitigation Bank(Bank)on approximately 130 acres of City- owned property. The Bank will generate credits for both the City and WSDOT to use as mitigation for wetland impacts resulting from construction projects. The Springbrook Creek Wetland and Habitat Mitigation Bank Instrument agreement between the City, WSDOT, the Army Corps of Engineers, Ecology and other agencies has been completed for approval. Other agreements associated with the project (Memorandum of Agreement, Conservation Easement Agreement, City/WSDOT agreement) are also being prepared and will be submitted as they are finalized. Council previously reviewed draft versions of these agreements when the WSDOT/City Agreements Letter of Concurrence was approved on February 6, 2006. The approval of the Mitigation Banking Instrument and other agreements will allow the permits for the WSDOT I-405, I-5 to SR-169 Widening project to be issued. STAFF RECOMMENDATION: Approve the resolution authorizing the Mayor and City Clerk to sign the Springbrook Creek Wetland and Habitat Mitigation Bank Instrument and other agreements. Place the Springbrook Creek Wetland and Habitat Mitigation Bank Agreements item on the Utilities Committee active referral list to allow the other agreements associated with the project to be reviewed and reported out to the full Council as they are finalized for approval. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3170 Springbrook Creek Wetland and Habitat Bank\1200 Agreements\Agreements Approval\Final agreements agenda bill.doc\RJStp �ti`SY O� PLANNING/BUILDING/ '441liate 4=D, , PUBLIC WORKS DEPARTMENT •1'P,Nry0� MEMORANDUM DATE: June 5, 2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor FROM: � Gregg Zimmermar6Ainistrator STAFF CONTACT: Ron Straka, Surface Water Utility Supervisor, (ext. 7248) SUBJECT: Springbrook Creek Wetland and Habitat Mitigation Bank Instrument and Other Agreements ISSUE: Should the Council approve the Springbrook Creek Wetland and Habitat Mitigation Bank Instrument and other agreements with Washington State Department of Transportation (WSDOT) and other state and federal agencies? ``w RECOMMENDATION: Approve a resolution authorizing the Mayor and City Clerk to sign the Springbrook Creek Wetland and Habitat Mitigation Bank Instrument and other agreements pending Council review of the other agreements once they are finalized. Place the Springbrook Creek Wetland and Habitat Mitigation Bank Agreements item on the Utilities Committee active referral list to allow the other agreements associated with the project to be reviewed and reported out to the full Council as they are finalized for approval. The following is a list of the other agreements associated with the City of Renton/WSDOT Springbrook Creek Wetland and Habitat Mitigation Bank: • Bank Oversight Committee/Co-Sponsors Memorandum of Agreement • City of Renton/WSDOT Springbrook Creek Wetland and Habitat Mitigation Bank Agreement • Conservation Easement and Stewardship Agreement BACKGROUND SUMMARY: The Surface Water Utility, in coordination with the Parks Division and Transportation Division, is working with the Washington State Department of Transportation (WSDOT) to establish the creation of the Springbrook Creek Wetland and Habitat Mitigation Bank Council/Bank Final Agreements ` June 5,2006 Page 2 of 5 (Bank). WSDOT is seeking the establishment of the Bank as part of its Early Environmental Investments Program and the I-405 improvement projects. The Bank would provide credits for both the City and WSDOT to use as mitigation for wetland impacts resulting from construction projects. The Bank would be established on approximately 130 acres of City-owned property, located in the Renton valley west of SR-167 and south of I-405 (see attached map). The Bank would consist of creating, restoring and enhancing wetlands, riparian corridors, upland habitat and wildlife habitat and corridors, which would result in improved water quality and flood storage. The area necessary for existing future City utilities and roads has been excluded from the Bank. In addition, WSDOT has worked with the City's Parks Division to incorporate the planned Springbrook Trail connection into the project, which would provide for recreational and educational opportunities. The Springbrook Trail is part of the City's approved Master Trail Plan and will connect into the county-wide trail system. The trail is included with the Bank approval and permits and could be constructed at any time, until the permits expire. The state and federal permits for the trail construction expire 5-years and 7- years respectively after the Bank permits are issued. Otherwise, the trail construction would have to be re-permitted, prior to it being constructed. Over the last 20 months, WSDOT and the City have been working with the Bank Oversight Committee (BOC), a group composed of representatives from the various resource agencies, that primarily included the US Army Corps of Engineers, Washington , 4400 State Department of Ecology, Environmental Protection Agency and the US Fish and Wildlife Services for approval of the Bank. The BOC has reviewed the Springbrook Creek Wetland and Habitat Mitigation Bank Instrument to determine the number of credits that will be generated by the Bank. It is currently anticipated that the 130-acre site would provide a total of 45.13 credits. The Mitigation Bank Instrument must be approved by these agencies, the City and WSDOT as part of the Bank approval, along with other agreements as listed above. The Council previously reviewed draft versions of these agreements when the WSDOT/City Agreements Letter of Concurrence was approved on February 6, 2006. The Mitigation Banking Instrument (MBI) describes the project design concepts and rationale, restoration treatments, performance standards, credit generation and release schedule, and site management plan. All agreements and easements will be included in the MBI appendices once they have been completed and approved by all parties. The following are the significant basic principles included in the MBI: A. 130 acres of City-owned land will be included in the Bank B. Defines the restoration treatment types and the amount of wetland re- establishment, rehabilitation and enhancement to be created in the Bank. C. Establishes the performance standards that have to be achieved to allow the release of credits from the Bank. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3170 Springbrook Creek Wetland and Habitat Bank\1200 Agreements\Agreements Approval\Final Agreements issue paper.doc\RJStp Council/Bank Final Agreements June 5,2006 Page 3 of 5 D. Establishes the number of credits that will be created by the Bank (currently 45.13 credits). E. Allows for construction and future maintenance of the trail through a portion of the Bank (Unit A only). F. Defines the types of wetland impacts that can use credits from the Bank and how the credits are debited from the Bank. G. Defines the establishment phase monitoring and site management period (10-years) requirements. H. Establishes a credit release schedule over a 10-year period based upon achievement of performance standards. I. Establishes site protection and management requirements including the recording of a conservation easement that would prohibit the use of the properties in the Bank from any other use in perpetuity. J. Describes the long-term site management guidelines for the Bank, which starts after the Bank establishment period and will be primarily the City's responsibility. The other agreements that are currently being developed and negotiated with the BOC and others are described below. Once these other agreements are completed and have been reviewed by City staff and the City Attorney, they will be submitted to the City Council for review and approval. SUMMARY OF OTHER AGREEMENTS: The following is a summary of the other agreements associated with the Springbrook Creek Wetland and Habitat Mitigation Bank that will have to be reviewed and approved. (1) BOC/Co-Sponsor Memorandum of Agreement: This agreement is with the agencies that approve the Bank. The purpose of this Memorandum of Agreement (MOA) is to establish guidelines and responsibilities for establishing, using, operating, and managing the Bank. This is the legal document that establishes the Bank in accordance with state and federal regulations. The MOA references the Mitigation Bank Instrument as the document that defines how the Bank will be operated. (2) City/WSDOT Agreement: This agreement between the City and WSDOT outlines the roles and responsibilities of each party (co-sponsors) for design, construction, site management, credit share, and funding of the Bank. The following are the significant basic principles included in the City/WSDOT Agreement: A. The City agrees to dedicate 130 acres of City-owned land to be included in the Bank through the recording of a conservation easement over the sites that preclude the use of the sites for any other uses in perpetuity. B. The City and WSDOT agree to abide by the MOA and the MBI requirements. C. The City is responsible for funding the design, construction and maintenance of the trail. If the City can acquire funding for trail construction, the trail construction could be included in the WSDOT Bank construction contract. Otherwise the trail construction could occur at anytime prior to the state and Now H:\File Sys\SWP-Surface Water Projects\SWP-27 -Surface Water Projects(CIP)\27-3170 Springbrook Creek Wetland and Habitat Bank\1200 Agreements\Agreements Approval\Final Agreements issue paper.doc\RJStp Council/Bank Final Agreements June 5,2006 Page 4 of 5 federal permits expiration, otherwise the trail would have to be re-permitted. The reduction in credits from the Bank due to the trail (0.89 credits) will come out of the City's share of the credits in the Bank. D. WSDOT and the City will equally share the number of credits that are created in the Bank and approved by the BOC. E. WSDOT will fund the design, permitting, easement acquisition (if needed) and construction associated with the Bank. F. WSDOT and the City will equally share in the cost for monitoring and site management during the establishment phase (the first 10-years or until performance standards are met, which ever takes longer). WSDOT and the City will share equally the cost for long-term site management until WSDOT has used all of its shares within the Bank. The City will be solely responsible for the long- term site management once WSDOT has used all of its credits from the Bank. The sharing of other costs associated with the conservation easement and the release of easements and interests in the Bank will be included in the agreement. G. WSDOT will receive the first credits released by the BOC to satisfy wetland mitigation requirements for WSDOT funded projects in the Bank service area, not to exceed 10 credits. The City will then receive the credits from subsequent credit releases by the BOC (after performance standards are met) until the City and WSDOT have equal shares, with the credit reduction for the trail included. The final terms of the City/WSDOT agreement for the Bank are still being negotiated due to changes occurring with the other agreements. r.rr# (3) Conservation Easement and Stewardship Agreement: The purpose of the conservation easement is to provide protection of the Bank in perpetuity. The Army Corps of Engineers requires the conservation easement be granted to a disinterested third- party that will be responsible for verifying compliance and enforcing the provisions of the conservation easement. Once WSDOT has used its credits within the Bank, then WSDOT could be the conservation easement holder. The conservation easement will be recorded in King County, Washington to ensure that the site can never be modified in anyway that conflicts with the conservation easement provisions. The Cascade Land Conservancy is a disinterested third party, non-profit organization that is being considered as the conservation easement holder. They are currently performing this role on another wetland bank approved in Snohomish County. WSDOT and City staff is currently negotiating with the Cascade Land Conservancy and the Army Corps of Engineers regarding the conservation easement provisions and the costs associated with the Cascade Land Conservancy being the easement holder. A Stewardship Agreement for the costs associated with the Cascade Land Conservancy performing the easement holder services will also be needed. The Stewardship Agreement will include transaction costs for legal review and costs associated with inspection semi-annually to verify compliance with the conservation easement provisions. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3170 Springbrook Creek Wetland and Habitat Bank\1200 Agreements\Agreements Approval\Final Agreements issue paper.doc\RJStp Council/Bank Final Agreements June 5,2006 Page 5 of 5 `law SCHEDULE: The goal is to finalize all of the agreements for approval by August 2006, but the schedule is dependent upon completing the negotiations and required reviews of the agreements with all of the parties. WSDOT is seeking approval of the MBI, the MOA and the conservation easement by August 2006, to allow permits to be issued for the I-405 projects (1-5 to SR-169 Widening project & SR-518 project). The Springbrook Creek Wetland and Habitat Mitigation Bank project bid advertisement is scheduled for the fall of 2006 with construction scheduled to start in the spring of 2007 and be completed in the fall of 2008. CITY FUNDING: The estimated total cost to the City for the monitoring and site management during the establishment phase of the Bank (initial 10-years after construction) is $450,000 over 10-years. The estimated cost for the long-term site management activities as defined in the MBI is approximately $2,500 annually with the need for a$17,000 site management fund. This cost will be shared equally between WSDOT and the City until WSDOT has used up its share of credits in the Bank and then the City will be responsible for all of the long-term site management costs associated with the Bank. The City costs associated with the establishment phase and monitoring, long-term site management, and other costs associated with the Bank approval and creation will be funded through the sale of the r City's share of credits in the Bank. The funding for the monitoring and site management costs are not anticipated until after construction is completed in 2009. Approximately $45,000 annually would have to be budgeted. The cost of the trail is estimated to be $1,700,000, if and when the City chooses to construct the trail. The operation and maintenance costs for the trail would be funded out of the Parks Division operations budget. CONCLUSION: Council should approve the Springbrook Creek Wetland and Habitat Mitigation Bank Instrument and a resolution authorizing the Mayor and City to sign the Mitigation Bank Instrument and the other agreements pending Council review of the other agreements once they are finalized. Attachments cc: Peter Hahn, PBPW Deputy Administrator-Transportation Lys Hornsby, Utility Systems Director Leslie Betlach, Parks Director '`rre H:\File Sys\SWP- Surface Water Projects\SWP-27-Surface Water Projects(C1P)\27-3170 Springbrook Creek Wetland and Habitat Bank\1200 Agreements\Agreements Approval\Final Agreements issue paper.doc\RJStp FINAL DRAFT Springbrook Creek Wetland and Habitat Mitigation Bank Instrument 1111 Executive Summary Location: The Springbrook Creek Wetland and Habitat Mitigation Bank (Springbrook ,41.01 Bank) is located in the City of Renton, King County, Washington; Sections 25, 30, and 36, Township 23N, Ranges 4E and 5E; Lat 47° 27' 20" Long 122° 14' 24". Portions of the site are adjacent to Springbrook Creek. Springbrook Bank is located in the Green- Duwamish Watershed(Water Resources Inventory Area [WRIA] 9). Service Area: The service area of Springbrook Bank includes portions of the Cedar- Sammamish Watershed(WRIA 8) and the Green-Duwamish Watershed (WRIA 9). Size of Bank: Springbrook Bank will generate 45.13 mitigation credits on the 129.22- acre site. One credit compensates for one acre of Category II wetland. Land Owner: The City of Renton (City) owns the land within Springbrook Bank. Bank Sponsorss: The City and Washington State Department of Transportation (WSDOT)will operate and manage Springbrook Bank. Type of Bank: Springbrook Bank will generate wetland mitigation credits through the re-establishment, rehabilitation, and enhancement of wetlands combined with the enhancement of upland and riparian areas. Purpose: The purpose of Springbrook Bank is to provide compensation for unavoidable impacts to wetlands and other aquatic resources caused by WSDOT highway Iconstruction projects and City mitigation requirements within the service area. Goal: The goal of Springbrook Bank is to increase wetland area, improve hydrologic, water quality and habitat functions, improve fish refuge/rearing habitat, and promote environmental education. Objectives: The objectives of Springbrook Bank are to re-establish 17.79 acres of wetland, rehabilitate 52.16 acres of wetland, enhance 32.55 acres of wetland, and enhance 7.80 acres of upland and 6.55 acres of riparian upland adjacent to Springbrook Creek for a total of 116.86 acres; the remaining acreage consists of non-credit generating buffers. The proposed restoration and enhancement activities will re-connect floodplain wetlands with Springbrook Creek, re-establish historical wetlands, and improve water quality, hydrologic, floodplain, habitat, and riparian functions in a highly urbanized area. Use of Credits: WSDOT anticipates using its credits from Springbrook Bank for transportation projects within the service area. The City will use its credits for projects within the service area. WSDOT Wetland Compensation Bank MOA: The Washington State Department of Transportation Wetland Compensation Bank Program Memorandum of Agreement (WSDOT 1994) provides the principles and procedures for establishing, implementing and maintaining Springbrook Bank. I ExecutiveSummary 030106.doc Springbrook Creek Wetland and Habitat May 2006 Mitigation Bank Instrument Page vii CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (WSDOT OR DOT) REGARDING SPRINGBROOK CREEK WETLAND AND HABITAT MITIGATION BANK AND ASSOCIATED LEGAL INSTRUMENTS. WHEREAS, the City of Renton has acquired a number of wetlands parcels adjacent to or associated with Springbrook Creek, with the intention of using a portion of those parcels as a wetlands mitigation bank; and WHEREAS, WSDOT has need of certain wetlands mitigation for its construction on SR 167 and other state highway projects; and WHEREAS, WSDOT has entered into a Memorandum of Agreement for wetland banking with state and federal wetland regulatory agencies, and has established substantial expertise in negotiating and establishing wetlands mitigation banks; and WHEREAS, the City of Renton and WSDOT wish to enter into an agreement for use of certain of the Springbrook Creek Wetlands as a wetland and habitat mitigation bank; and WHEREAS, a number of legal documents will have to be signed to fully effectuate the Springbrook Creek Wetland and Habitat Mitigation Bank; 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. Nary 1 RESOLUTION NO. SECTION IL The Mayor and City Clerk are authorized to enter into an interlocal agreement with WSDOT entitled "Springbrook Creek Wetland and Habitat Mitigation Bank, Mitigation Bank Instrument." The Mayor and City Clerk are also authorized to enter into other necessary interlocal agreements or to execute additional necessary legal documents for the mitigation bank, including a Memorandum of Agreement, conservation easement, and a further agreement between the City of Renton and WSDOT, amongst others, each such agreement being reviewed and approved by the City Council prior to their execution by the Mayor and City Clerk. PASSED BY THE CITY COUNCIL this day of , 2006. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2006. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1191:6/5/06 2 Added meter 6* 0. 4112120o4, CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: Transportation Systems For Agenda of: Dept/Div/Board.. Planning/Building/Public Works June 12, 2006 Staff Contact Peter Hahn, ext. 7242 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. Approval to Hire Bob Hanson as Transportation Ordinance Engineering Supervisor at Step D of Pay Grade m33. Resolution Old Business Exhibits: New Business X Study Sessions Issue Paper Information Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept X Fiscal Impact: Expenditure Required... $63,000 Transfer/Amendment Amount Budgeted $63,000 Revenue Generated $ Total Project Budget $63,000 City Share Total Project. $ SUMMARY OF ACTION: This position has been vacant since January 2006, and has been filled by Rich Perteet on an interim basis. Rich Perteet wants to end his interim assignment by the end of June 2006. Bob Hanson has been selected to fill the position. He has substantial experience in management of public works engineering and in transportation. He is interested in accepting this position at Step D of pay grade m33. STAFF RECOMMENDATION: Authorize the hiring of Bob Hanson as Transportation Engineering Supervisor at Step D of pay grade m33 effective July 1, 2006. H:Trans/Admin/Agenda 2006Hire Bob Hanson as Trans Engrg Supervisor.doc O PLANNINGBUILDING/ r- , PUBLIC WORKS DEPARTMENT • MEMORANDUM DATE: June 12,2006 TO: Randy Corman, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayo FROM: 114' Gregg Zimmermakr inistrator STAFF CONTACT: Peter Hahn, Deputy PBPW Administrator—Transportation(ext. 7242) SUBJECT: Approval to Hire Bob Hanson as Transportation Engineering Supervisor at Step D of Pay Grade m33 ISSUE: Should Council approve the hiring of Bob Hanson as Transportation Engineering Supervisor at Step D of pay grade m33? RECOMMENDATION: Authorize the hiring of Bob Hanson as Transportation Engineering Supervisor at Step D of pay grade m33 effective July 1, 2006. BACKGROUND: This position became vacant in January 2006. Rich Perteet agreed to accept an interim assignment to fill the vacancy, and has extended his engagement with the City to the end of June. Bob Hanson is highly experienced and qualified to assume this position on a permanent basis. He is requesting a starting salary at step D, which requires City Council approval. Alternatives Deny this request and start the process of hiring from the beginning. This would not only create an unacceptable vacancy, but the outcome of such a process would not guarantee that this vacancy would be filled. cc: Peter Hahn,Deputy PBPW Administrator—Transportation H:\TRANS\ADMIN\AGENDA 2006 Hire Bob Hanson Issue Paper.doc • Robert M. Hanson 16117 SE145th Place Renton,WA 98059 Home Phone 425-226-6073 Cell 425-985-0123 EXPERIENCE Public Works: Directed the day to day operation of a Public Works Department including water and wastewater treatment facilities. Provided technical support for the operation and management of wastewater treatment plants and collection systems, water treatment plants and distribution systems, and street and trail systems. Building Department: Directed a Building Department that issued up to 400 building permits per year, representing over$90,000,000 of value including permits for a FEMA home elevation and buyout grant project worth over$2,500,000. Administration: Prepared budgets for Water, Street, Sewer,Engineering, and Building Departments,provided customer service, established policy, handled personnel additions, promotions and discipline, and trained staff to operate new facilities. Planning: Prepared the transportation and utilities elements of comprehensive plans. Participated in preparation of a municipal facilities plan to deal with the impacts of growth related to the Snoqualmie Ridge Project. Supervised a City Planner and staff over the course of four years of long range planning and project review. Engineering: Supervised staffs_including project managers, inspectors, mapping technicians and support staff in their day to day management of'capital improvement projects and plan review. Managed the traffic in two cities, maintained a pavement management program, a pavement overlay program, traffic counts, accident records, a traffic model,prepared 6-year TIP's, sidewalk improvement program, a school pedestrian safety plan, trail plan, and began work on an Official Street Plan. Land Development: Directed the review and approval of the street and utilities elements of a mixed use plan, including an EIS and Master Drainage Plan, for a 1350 acre, 2000 dwelling unit project with office park, neighborhood center, and a PGA golf course. Directed the review and approval of the improvements for 20 plats,two BSIP's, and a number of short plats and boundary line adjustments Utilities Planning: Directed the preparation of a complex Comprehensive Water System Plan, Stormwater Management Plan, and Engineering Reports for a wastewater treatment facility including an EIS, a project water system, a project sewer system,and a parkway. Development Standards: Directed the development of a complete set of development standards for streets, water,sanitary sewer,and storm drainage utilities. Capital Improvements: Directed the design and inspection of construction for three and one half miles of four-lane parkway, two high-flow bypass storm drains of 240 and 300 cfs, a 1.6 mgd wastewater treatment facility with nutrient removal, producing class "A" effluent for golf course and park irrigation, a 36 inch diameter wastewater outfall to the Snoqualmie River, a 10 mgd sewage pumping station, five smaller sewage pumping stations, approximately six miles of 8 through 15 inch sewer lines including force mains,two 550 gpm wells,one 800 gpm well, a 1650 gpm water treatment plant using ozone for the removal of iron and manganese, two water pump stations, water reservoir of 2,000,000 and 4,000,000 gallons, approximately seven miles of 8 through 20 inch water lines, an 800 gpm irrigation pump station, an overall system that controls the delivery of water to the potable and class"A"systems including the coordination of the water treatment plant and the waste water treatment plant; some built by developers under developer extension agreements for which I had primary responsibility. I have also directed a number of public works projects including street, mixed use trail, water and sewer line,water treatment plant,and wastewater treatment plant improvements. Regulatory: Issued clearing and grading, building, and flood improvement, permits. Participated in the preparation of Shoreline permits and SEPA review. Prepared an application for and obtained an NPDES permit for a wastewater treatment facility. Reviewed improvement plans for plats and other land use actions requiring City approval Grants: Obtained grants for and directed the design and construction and accounting for three TIB projects, three TEA-21 projects,two CDBG projects, and one FEMA storm water project. WORK HISTORY Project Engineer,Prothman Company: April 2005 to present. I have prepared an LID checklist and schedule for a$30,000,000 sewer project for the City of Edgewood. I have also prepared an ordinance to create the sewer utility and written the sewer ordinance. I am preparing and negotiating interlocal agreementswith adjacent jurisdictions for treatment services. District Engineer, Covington Water District: October 2003 to March 2005: I have directed the District Capital Improvement Program and developer system extensions of the District. I have managed.a staff of seven and one engineering firm.working under contract to the District. Development and Engineering Services Manager,.City of Snohomish: February 1999 to October 2003: I . directed the engineering, planning, and building functions of the City of Snohomish. I managed a.staff of nine • and five engineering firms working under contract to the City. Director of Public Works, City Engineer, Building Official, City of Snoqualmie: •February 1993 to February 1999: I directed the Engineering, Public Works, and Building Departments of the City of Snoqualmie during the City's greatest period of growth for each of those departments respectively. I managed a staff of 13 and nine engineering firms working under contract to the City. Independent Contractor, Spokane and Issaquah, Washington: January 1984 to February 1993: I was an Engineering Consultant, Commercial Realtor,and Building Contractor. Interim General Manager; Calkins Corporation, Spokane, Washington: January 1984 to December 1984: I managed 130 employees in the development,manufacturing and sales of farm implements and boat trailers. Engineering Manager, Department Manager, Division Manager; The Quadrant Corporation, Bellevue, Washington: March 1969 to February 1982: I managed personnel, multi-million dollar budgets, purchase of real-estate, and the project planning, design, construction and sales for twelve major residential/recreational development projects. I was responsible for a staff of 25. EDUCATION Bachelor of Science in Civil Engineering,University of Washington LICENSE P. E. Civil Engineering MEMBERSHIPS American Public Works Association Robert M.Hanson Page 2 of 2 Comes vndence � � 06 Bu ke G o r oLLP 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 Attorneys at Law 206-382-9540 206-626-0675 Fax www.buckgordon.combu wr'ckOF ROI VN June 7, 2006 JUN 0 7 zoos RecENED onY OUIRKIS OFFICE /and 7 livered Mayor Kathy Keolker and Members of the Renton City Council Renton City Hall 1055 South Grady Way Renton, WA 98055 Re: Concerns Regarding City Investment of Public Funds in Infrastructure for The Landing Project Without Adequate Analysis Dear Mayor and Council Members: On June 12, 2006 the City Council will consider approval of a $19,000,000 investment of public funds in infrastructure improvements to support The Landing. The Council should have a concern that it is considering a major investment of public funds without staff having *low completed the most basic analysis. Apparently no analysis has been prepared to show that these improvements can possibly be paid for from Landing revenues. We raise these concerns on behalf of our client, Alliance for South End (ASE), a Washington nonprofit corporation established to advance its members' interests in Renton's environment, land use planning, and governmental and fiscal integrity. This group is concerned that Council's investment of public funds is not supported by project revenues. We have submitted multiple Requests for Public Records to the City seeking any evidence of an economic analysis. It obviously does not exist. In response to our first request, the City supplied an August 2005 memo showing an approximately $15 million dollar shortfall in Landing revenues to cover the City's infrastructure costs, yet at your April 24 meeting, Mr. Pietsch stated that the project will generate $11 million in excess revenues. We inquired if there was any analysis supporting Mr. Pietsch's latest analysis. Our May 31, 2006 letter is attached. After a week, the City staff just replied that it would take two more weeks to find any information supporting Mr. Pietsch's assertions. A copy of the City response and our reply are attached. One has to assume the staff is honest. Obviously if it takes three weeks to find any economic analysis, it does not exist. It is a matter of serious concern that the staff is unable to produce basic financial documentation showing the justification for a significant investment of public funds. We suggest that the City Council put its decision to approve this significant investment of public w funds in infrastructure for The Landing on hold until the staff can demonstrate that the project will generate the tax revenue necessary to repay the City's debt. Our May 31, 2006 letter asks Y:\WP\ASE\CITY COUNCIL060706.0OC Mayor Kathy Keolker and - 2 - June 7, 2006 Members of the Renton City Council the most basic questions. Monday night you might want to ask the staff why it would take three weeks to see if any analysis exists to answer those questions. In addition to these fiscal concerns, ASE has filed three appeals challenging the City's Master Site Plan approval and SEPA process for The Landing because the City's review process and environmental mitigation have been insufficient. We have enclosed copies of these appeals for your review. Very trul q.urs, Pete .'.tuc. Enclosures cc: Larry Warren ASE Nome Now- Y:\WP\ASE\CITY COUNCIL060706.DOC Buck© G c rd o ri 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 Attorneys at Law 206-382-9540 206-626-0675 Fax Nair' www.buckgordon.com May 31, 2006 Mr. Alex Pietsch Economic Development Administrator City of Renton 1055 South Grady Way Renton, WA 98055 Ms. Bonnie Walton City Clerk City of Renton 1055 South Grady Way Renton,WA 98055 Re: Public Record Request— Documents Related to Alex Pietch's April 3, 2006 Memorandum to Renton City Council Now Dear Mr. Pietsch and Ms. Walton: This is request for public records regarding The Landing Project on behalf of our client, Alliance for the South End (ASE). We are seeking documents related to the Memo from Alex Pietsch to City Council dated April 3, 2006 and his verbal testimony to the City Council on April 24, 2006. The infrastructure costs, anticipated revenue, and overall bond need presented in the Pietsch Memo and Council presentation differ significantly from documents that the City provided to our firm in response to a previous public records request. We assume there must be more recent documents that have not been produced, perhaps because they were only recently prepared. Pursuant to the Washington State Public Disclosure Act, RCW 42.17, we request that the records, described as follows, be made available for review: 1. Please provide any records, including, but not limited to, all written, taped and electronic notations, comments, correspondence, minutes, transcripts, reports and maps in the possession of City of Renton that the developer, the City or any other party has created to support the proposition the that the Landing "pencils" and will generate adequate revenue to repay the City's bond debt. a. For instance, but not limiting the foregoing, please provide any records that relate to: *,, i. Anticipated Landing project revenues Mr. Alex Pietsch - 2 - May 31, 2006 Ms. Bonnie Walton Now ii. Anticipated City infrastructure costs, including design and construction management costs b. For instance, but not limiting the foregoing, please provide any and Landing project pro-formas. c. For instance, but not limiting the foregoing, please provide any the information the City has regarding the Landing's financial feasibility, including: i. Anticipated costs and cash flows for the private development project ii. Land costs, soft costs, construction and interest costs iii. Projected stabilized net income, including net rental revenue, reimbursements, taxes, insurance, maintenance, replacement reserves and asset management fees iv. Projected sources and uses of cash from planning through stabilized operation v. Analysis of how changing interest rates, construction costs or lease rates would affect project feasibility 2. Please provide any records, including, but not limited to, all written, taped and electronic notations, comments, correspondence, minutes, transcripts, reports and maps in the possession of City of Renton that relate to the drastic difference between the numbers presented in the August 2005 bond capacity analysis and Nome the numbers presented in Pietch's April 3, 2006 memo and presented verbally to the City Council Committee of the Whole on April 24, 2006. By way of background, so there is not doubt what records are sought, the August 2005 bond capacity analysis spreadsheet (provided in response to a previous public record request) showed that the anticipated project revenues for The Landing would be a minimum of$15.4 Million short of the amount neededto cover the City's infrastructure costs. According to Mr. Pietsch's presentation before the Committee of the Whole on April 24, 2006, the project will now generate $11 Million in excess revenue that could be used to support additional infrastructure needs (based on the 2/3 formula established in the Boeing Development Agreement). This is a drastic change in the numbers— representing a difference of over$26 Million in expected project revenues. We, of course, are not entitled to an answer to this issue. We simply use this to highlight the documents we seek to inspect. a. For instance, but not limiting the foregoing, please provide any and all records related to any fiscal analysis that Mr. Pietsch's April 3 Memo or April 24th assertions were based on. These records may include information regarding the following: i. Any additional sources of revenue that are now available to cover the previously project shortfall ii. Assumed project revenues and the basis for changes in assumed project revenue since 8/05 bond capacity calculations _ftio,__ iii. Assumed infrastructure costs and the basis for changes in assumed infrastructure costs since 8/05 bond capacity calculations Mr. Alex Pietsch - 3 - May 31, 2006 Ms. Bonnie Walton 3. Please provide any records, including, but not limited to, all written, taped and electronic notations, comments, correspondence, minutes, transcripts, reports and maps in the possession of City of Renton that demonstrate whether the City of Renton is planning to finance parking garages to support development of The Landing. We note that several emails in the City's files as well as the August 2005 bond capacity analysis spreadsheet indicate that the project requires City investment in parking garages. The bond capacity spreadsheet estimates the City's garage contribution to be approximately $31.9 Million. According to an email from Harvest Partners to Alex Pietsch in April of 2005, Harvest Partners cannot afford to building a parking garage without a subsidy from the City. In that same correspondence, Harvest Partners stated that if the city could not participate in funding a garage, the project would become a simple surface parked project without multi family or a hotel. For instance, but not limiting the foregoing, please provide: a. all records that address whether or not the City will be participating in funding of structured parking garages for the theater and multi-family units proposed on the site or for any other uses. b. all records from the developer that support the claim that the project cannot include structured parking unless it receives a subsidy from the City (documentation requested by Alex in a 4/29/05 email to Harvest Partners). c. Please provide records with current data showing the number of structured parking spaces proposed, the estimated cost of garage construction, and the City's proposed subsidy of the same. 4. Please provide records, including, but not limited to, all written, taped and electronic notations, comments, correspondence, minutes, transcripts, reports and maps in the possession of City of Renton that relate to the City's "fallback" plan, if any, for the eventuality that the tax revenues from the project fail to meet the projections and are inadequate to service the debt the City has incurred to supply infrastructure to the area. For instance, but not limiting the foregoing, please provide please provide any and all records which address how the City will repay the bond debt if the project fails to provide adequate tax revenue. Mr. Alex Pietsch - 4 - May 31, 2006 Ms. Bonnie Walton 'kw 5. Please provide any and all records, including, but not limited to, all written, taped and electronic notations, comments, correspondence, minutes, transcripts, reports and maps in the possession of City of Renton that relate to potential purchasers or lessees for the Landing. For instance, but not limiting the foregoing, please provide all records that demonstrate an attempt by the Landing to meet the City's requirements for evidence of leasing or sale by June 12, 2006. Since the City Council will be reviewing the developer's compliance with the terms proposed in the infrastructure agreement at their meeting on June 12th and reviewing construction bids on June 19th, we request that this public record request be handled in a timely and expedited manner in order to facilitate informed public comment on upcoming financial decisions that will be made by Renton's City Council. V truly you, IP le de- eter L. Buck Attachment Now 102/02 ��`�� o� CITY OF RENTON +( ♦ City Clerk 1;7, Kathy Keolker,Mayor Bonnie I.Walton *loor June 6, 2006 • SENT VIA FACSIMILE(206-626-0675); ORIGINAL VIA POSTAL MAIL Peter L. Buck Buck & Gordon LLP 2025 First Avenue, Suite 500 Seattle, WA 98121-3140 • Re: Public Records Request-Documents Related to Alex Pietsch's April 3, 2006 Memorandum to Renton City Council Dear Mr. Buck: Your Request For Public Records as referenced is acknowledged, In accordance with RCW 42.17.320, responses to requests for public records shall be made promptly by public agencies, Within five business days of receiving a public records request, an agency must respond by either: 1)providing the record; 2) acknowledging that the agency has received the request and providing a reasonable estimate of time the agency will require to respond to the request; or-3) denying the request. ‘4.00, Please note that the City is not obligated by law to compile information from various records into a specific form, and that.certain records are legally exempt from disclosure. Also, as a matter of information, the City charges$.15 per letter-sized, single-sided copy in accordance with State law. It is estimated that it will take approximately two weeks to research records that may be responsive to this request. Further clarification may be required. You will be contacted by June 21, 2006, as to the status of the records search. Sincerely, )607.4u1 Wkt Bonnie I. Walton • City Clerk cc: Jay Covington,CAO Larry Warren, City Attorney Alex Pietsch, EDNSP Administrator • • I055 South Grady Way-Renton,Washington 98055-(425)430-6510/PAX(425)430-6516 RENTON TOTAL P.02 Bucks G o r o 1 LLP 2025 First Avenue,Suite 500 Seattle,WA 98121-3140 Attorneys at Law 206-382-9540 206-626-0675 Fax www.buckgordon.com June 7, 2006 Mr. Alex Pietsch Economic Development Administrator City of Renton 1055 South Grady Way Renton,WA 98055 Ms. Bonnie Walton City Clerk City of Renton 1055 South Grady Way Renton,WA 98055 Re: The Amazing Lack of Analysis Dear Mr. Pietsch and Ms. Walton: This is in response to Bonnie Walton's letter of June 6, 2006, faxed to this office at 4:57 yam, pm relating to our Public Records request dated May 31, 2006. As the City knows, RCW 42.17.320 provides for delay only for specific reasons. Your letter says: "It is estimated that it will take approximately two weeks to research records that may be responsive to this request." Research time is indeed is one of the reasons under RCW 42.17.320. However, the documents we requested are simple to identify. The records, had they existed, relate to a $19,000,000 decision the City Council is to make on June 12, 2006. Since it will take two weeks on top of the five working days provided in RCW 42.17.320 to do this research, we assume the analytic documents do not exist. If they had existed, Mr. Pietsch, who was a recipient of the request, would know they existed and could put his hands on them in a few minutes, as could the City Clerk, the City Attorney, and the Mayor. So unless we hear otherwise, it will be assumed that the City has no economic analysis to justify a decision to be made Monday night which will risk $19,000,000 of public funds. Very tru „u • PI Pete . B cc: Larry Warren ASE Y:\WPWSE\1060706.RENTON.DOC „// 1, ,rt rt t_e Ina or To: Renton City Council and Mayor K. Keolker Jun , ENTOwc . From: Benson Hill Communities Progress Group a” http://www.bensonhill.corn JUN 0 9 2006 I j Progress Group RECEIVED RE: Benson Hill Citizens' Group Studying Annexation CITY CLERK'S OFFICE/ Ko-nd de//a« We are a citizen's group called Benson Hill Communities Progress Group (BHCPG). We live in the neighborhoods to the south and southeast of Renton. This includes Cascade Vista, Spring Glen, Springbrook and Renton Park and all of the Renton PAA West of the proposed City of Faicwood. Even though our group is young, we have been instrumental in petitioning to remove the Renton Park plat from the proposed Fairwood Incorporation Area that may soon vote on becoming a new city. That parcel includes Lindbergh High School, Renton Park Elementary School,the King County swimming pool(next to Lindbergh HS) and the Renton Park neighborhood. Our next step is to investigate the benefits, drawbacks and possibilities associated with annexation to the City of Renton. We have been in contact with the planning department of the City of Renton and the King County Office of Management and Budget to initiate the possible process of annexation. An open house is planned later this year to start the public debate about the issues surrounding annexation of our community. Our group feels that Benson Hill Communities (BHC) is the correct name for this area. The Benson name started to be used in the early 1900s. The only access to the area from Renton was originally Benson Road. This road is named after John F. Benson. He got financing from the county and some Renton merchants to build the road to his property that was in Spring Glen Acres. Construction of Benson Road was started in 1911 and in time continued all the way south to Kent. Over the years the Benson name has been used for various other places in this area. King County used it for the plat name Benson Heights and road Benson Drive. Others uses include shopping centers: North Benson Center and Benson Plaza, a school: Benson Hill Elementary (Renton School District), several area apartments: Benson Downs, Benson Crest, Benson Village, The Benson Condominiums, and a local pee-wee football team: the Benson Bruins. Our group's name for this area, Benson Hill Communities, gives the whole area a name with history and yet also shows that it is made up of more then one neighborhood community. Regards, Chair of Benson Hill Communities Progress Group Tom Reiter 18001 113th Ave. SE Renton, WA 98055 I$e+ t 1 i Attachment to: „lrt,ro Letter Dated 6-8-2006 Subject: Benson Hill Citizens' Group Studying Annexation Progress Group BHCPG Members: Joe Avolio James Flynn Eric Grimit Jerry Hope Bernie LaRosee David L. McCammon Tom Reiter APPROVE®BY 1 FINANCE COMMITTEE REPORT C` ®UONCIL Data -/a-.1°°6 June 12, 2006 APPROVAL OF CLAIMS AND PAYROLL VOUCHERS The Finance Committee approves for payment on June 12, 2006, claim vouchers 248964-249440 and 1 wire transfer, totaling $4,331,456.82 , and 627 direct deposits, payroll vouchers 63575-63773, and 1 wire transfer, totaling $2,014,368.20 . Pion Persson, Chair Denis Law, Vice- hair Toni Nelson, Member FINANCE COMMITTEE ArpnOVE®DY AMENDED ant COUNCIL 6/12/06 COMMITTEE REPORT Date 6-42- 0006 June 12, 2006 Reclassification of Positions (Referred 5/15/2006) The Finance Committee recommends concurrence in the staff recommendation to approve reclassification of positions and pay ranges that do not require additional 2006 budget appropriation as follows: Current Title Current New Budget Change Grade Grade 2005 thru 2006 Payroll Technician(New Title Payroll Analyst) Move to all n10 nil $2,364. after incumbent retires(Patricia Shimmel) Accountant(Eliminate position create another Payroll Analyst a18 all $0 position) Grant Accountant.5 FTE(Eliminate and create another al3 n16 $4,422 Finance Analyst HI position) Finance Analyst Supervisor (2 incumbents) m25 m26 $5,853 Librarian(New Position Assistant Library Director) * a22 m27 $15,444 Pavement Management Technician all a23 $8,856 Fleet Management Technician a09 all $4,704 Purchasing Assistant a07 a08 $2,340 Construction Inspector(New Position Construction Inspector a14 a21 $10,992 II) Assistant Fire Marshall m23 m24 $3,360 Fire Inspector III (3 incumbents) a20 a21 $9,216 Fire Plans Examiner/Fire Inspector III a20 a23 $9,372 Hazardous Materials Specialist a20 a21 $0 Fire Inspector II a18 a19 $2,940 Fire Plans Examiner/Fire Inspector II a18 a19 $0 Fire Inspector I a16 a17 $0 Fire Plans Examiner/Fire Inspector I al6 a 1 7 $0 Database Systems Technician * a07 a07 See Note The above changes, if approved,will be effective January 1,2005. These reclassifications will not require additional budget appropriations. Current Title Current New Budget Grade Grade Change 2005 thru 2006 Code Compliance Inspector (2 incumbents) a18 a19 $3,270 The above changes, if approved,will be effective July 1,2005. These reclassifications will not require additional budget appropriations. Current Title Current New Budget Grade Grade Change thru 2006 Lead Utility Pump Station Mechanic(New Position) a18 $0 Principal Planner(New Title—Long Range Planning Manager) m32 m33 $2,112 Principal Planner(New Title—Current Planning Manager) m32 m33 $2,112 Senior Planner(EDNSP&P/B/PW) (3 incumbents) a23 a24 $5,112 Associate Planner(EDNSP&PB/PW) (3 incumbents) a19 a20 $10,760 Assistant Planner(EDNSP&P/B/PW) a15 al6 $0 Neighborhood Coordinator(New Title—Neighborhood Program a12 a25 $6,708 Coordinator) Economic Specialist a16 a20 $2,856 New Position—Sr.Economic Specialist(Add Series to Policy a24 $0 320-01) Planning Technician II a13 a15 $2,664 Development Services Representative(New Title Energy Plans a 18 a 19 $1,488 Reviewer/Permit Representative) * Office Assistant II(New Position Planning Technician I) a03 a09 $2,028 Fire Inspector III(New Position Lead Fire Inspector) a21 a24 $4,896 Assistant Fire Marshall m24 _ m26 $3,408 Secretary I(New Position Secretary II) n05 n07 $2,160 Lead Office Assistant* a08 a08 See Note Grounds Equipment Mechanic all a13 $2,532 The above changes, if approved,will be effective January 1,2006. These reclassifications will not require additional budget appropriations. NOTE: * A 5%premium will be paid for software application support responsibilities when assigned. Total cost projected for the compensation is $22,276 effective January 1, 2005. This premium will be provided certain employees assigned software application support responsibilities in addition to their regular position responsibilities following approval by Finance, Information Services and Human Resources Administration. Don Pers , Chair 4. `, I Denis Law, Vice Chair • Toni Nelson, Member cc: Michael Webby Gregg Zimmerman Larry Rude Alex Pietsch Eileen Flott Terry Higashiyama Michael E. Bailey Jay Covington APPROVED BY CITY COUNCIL FINANCE COMMITTEE Date G-/2..-1 ooh COMMITTEE REPORT June 12, 2006 Lease Amendment with Engenio Information Technologies, Inc. LAG-00-002 (Referred June 5, 2006) The Finance Committee recommends concurrence in the staff recommendation to approve an amendment to the lease with Engenio Information Technologies, Inc. for the third floor of the 200 Mill Building, to extend the lease for an additional year. The Committee further recommends that the Mayor and City Clerk be authorized to sign the lease amendment. Don Persson, Chair 4iti/t,"‘ W Denis W. Law, Vice-Chair Toni Nelson, Mem.-r cc: Terry Higashiyama,Community Services Administrator Peter Renner,Facilities Director APPROVED BY FINANCE COMMITTEE CITY COUNCIL COMMITTEE REPORT Date -,2006, June June 12, 2006 ANNEXATION COMMUNITY OUTREACH (Referred May 15, 2006) The Finance Committee recommends concurrence in the staff recommendation to allocate $70,000 of year-end fund balance for the purpose of public information and community outreach efforts related to annexation and incorporation; and to approve a contract with PRR, Inc. in the amount of$ 60, 087 to conduct that work. The Committee further recommends that the ordinance authorizing the budget amendment for the $70,000 year-end fund allocation be presented for first reading, and that the Mayor and City Clerk be authorized to sign the agreement with PRR, Inc. in the amount of$ 60,087. Don Persson, Chair ilf/te. W I /11,1 Denis W. Law, Vice Chair • Toni Nelson, Member cc: Michael Bailey Alex Pietsch Rebecca Lind APPROVED BY CITY COUNCIL PLANNING AND DEVELOPMENT COMMITTEE Date -/a_a00_ ' COMMITTEE REPORT June 12, 2006 Multi-Family Housing Property Tax Exemption Application and Agreement Chateau de Ville (Referred May 22, 2006) The Planning and Development Committee recommends concurrence with the staff recommendation to approve a Multi-Family Housing Property Tax Exemption Agreement that addresses the terms and conditions for a partial property tax exemption upon completion of the Chateau de Ville project in the Downtown designated residential targeted area and authorize the Mayor and City Clerk to execute said agreement in substantially the same form. ...JCAAA, i Terri Brier, , Chair Dan Clawson, Vice Chair Marcie Palmer, Member cc: Alex Pietsch,EDNSP Administrator Gregg Zimmerman,P/B/PW Administrator Mike Bailey,Finance&IS Administrator Neil Watts,Development Services Director 407)/ed 61.2_,a6 CITY OF RENTON, WASHINGTON RESOLUTION NO. 3V 7 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT AMONG THE CITIES OF ALGONA, AUBURN, FIFE, KENT, PACIFIC, PUYALLUP, RENTON, SUMNER, AND TUKWILA, FOR COOPERATION IN ACCEPTANCE AND USE OF DEPARTMENT OF JUSTICE/COPS MORE GRANT. WHEREAS, for the last number of years, there has been a greater interaction between the cities of Algona, Auburn, Fife, Kent, Pacific, Puyallup, Renton, Sumner, and Tukwila, relative to a number of different issues including law enforcement, on which they have very similar common or very similar positions; and WHEREAS,in order to more effectively address law enforcement needs of the cities, they have joined together in seeking monies to enhance their law enforcement needs, and have worked with congressman Adam Smith in becoming eligible to receive grant funds in the amount of ninety-eight thousand seven hundred and twenty-three dollars($98.723.00) and WHEREAS,in order to receive those funds and utilize them in support of their common and cooperative needs, the parties have reached agreement in connection therewith; 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 IL The Mayor and City Clerk are authorized to enter into an interlocal agreement entitled"Interlocal Agreement Among Green River, White River and Puyallup River 1 RESOLUTION NO. Valley Cities for Cooperation in Acceptance and Use of Department of Justice/Cops More Grant." PASSED BY THE CITY COUNCIL this day of , 2006. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2006. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1183:5/10/06:ma 2 151— Ariu// 96/ /2-Z-)0 CITY OF RENTON, WASHINGTON Adopkd 6./2-e'1m ORDINANCE NO. 542 /1 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, APPROPRIATING THE NEW PROGRAMS AND PROJECTS TO MEET THE NEED OF NEW CIRCUMSTANCES AND OPPORTUNITIES IN THE 2006 FISCAL YEAR. WHEREAS, the City Council passed the City of Renton's 2006 Annual Budget Ordinance (Ordinance No. 5180)on December 12, 2005; and WHEREAS, it is a priority of the City to appropriate new programs and projects to meet the need of new circumstances and opportunities for the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Ordinance No. 5180 establishing the City of Renton's 2006 Annual Budget is hereby amended as follows: 1. The General Fund (Fund 000) is hereby amended to reflect the following appropriation amendments: GENERAL FUND(Fund 000) FY 2006 Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 50,096,256 50,096,256 0 Use prior year revenue 0 649,881 649,881 Revenues 50,096,256 50,746,137 649,881 EXPENDITURES Budget Appropriation 50,084,947 50,764,637 679,690 Fire Department Wellness Program 0 t 18.500) (18.500) Total Appropriation 50,084,947 50,746,137 661,190 Ending Fund Balance 11,309 0 (11.309) Expenditures 50,096,256 50,746,137 649,881 ORDINANCE NO. 2. The Fire Wellness Program Fund (Fund 011) is created and the appropriation is transferred from the Fire Department Operating Budget. FIRE WELLNESS PROGRAM FUND(Fund 011) FY 2006 Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 0 0 0 Transfer in from Fund 000 0 18,500 18,500 Revenues 0 18,500 18,500 EXPENDITURES Budget Appropriation 0 18,500 18,500 Expenditures 0 18,500 18,500 3. The Park Fund (Fund 101) is hereby amended to reflect the following appropriation amendments: PARK FUND(Fund 101) FY 2006 Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 11,260,376 11,260,376 0 Use of Prior Year Revenue 5,000 37,000 32,000 Revenues 11,265,376 11,297,376 32,000 EXPENDITURES Budget Appropriation 11,265,376 11,297,376 32,000 Expenditures 11,265,376 11,297,376 32,000 4. The Street Fund (Fund 103) is hereby amended to reflect the following appropriation amendments: STREET FUND(Fund 103) FY 2006 Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 6,738,878 6,738,878 0 Use of Prior Year Revenue 0 28,000 28,000 Revenues 6,738,878 6,766,878 28,000 EXPENDITURES Budget Appropriation 6,738,878 6,738,878 0 Aerial Photography/Topographic Mapping 0 28,000 28,000 Expenditures 6,738,878 6,766,878 28,000 2 ORDINANCE NO. 5. The Hotel/Motel Fund (Fund 110) is hereby amended to reflect the following appropriation amendments: HOTEL/MOTEL FUND(Fund 110) FY 2006 Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 220,000 242,500 22,500 Revenues 220,000 242,500 22,500 EXPENDITURES Budget Appropriation 220,000 220,000 0 Professional Services Contract 0 22,500 22,500 Expenditures 220,000 242,500 22,500 6. The LID Debt Services Fund (Fund 220) will be eliminated. The appropriation will be transferred to Fund 406. LOCAL IMPROVEMENT DISTRICT DEBT SERVICE FUND(Fund 220) FY 2006 Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 9,500 0 (9.500) Use of Prior Year Revenue 22,525 67,826 45,301 Revenues 32,025 67,826 35,801 EXPENDITURES Budget Appropriation 32,025 0 (32.025) Transfer Fund Balance to Fund 406 0 67,826 67,826 Expenditures 32,025 67,826 35,801 3 ORDINANCE NO. 7. The Municipal Facilities Capital Improvement Fund (Fund 316) is hereby amended to reflect the following appropriation amendments: MUNICIPAL FACILITIES CAPITAL IMPROVEMENT FUND(Fund 316) FY Y 2006 Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 2,100,000 2,100,000 0 Use of Prior Year Revenue 3,231,096 3,521,096 290,000 Revenues 5,331,096 5,621,096 290,000 EXPENDITURES Budget Appropriation 5,331,096 5,331,096 0 Capital Projects 0 290,000 290,000 Expenditures 5,331,096 5,621,0% 290,000 8. The Water Utility Fund (Fund 405) is hereby amended to reflect the following appropriation amendments: WATER UTILITY OPERATION FUND(Fund 405) FY 2006 Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 7,787,792 7,787,792 0 Use of Prior Year Revenue 571,736 599,736 28,000 Transfer in from Fund 425 0 3,239,850 3,239,850 Revenues 8,359,528 11,627,378 3,267,850 EXPENDITURES Budget Appropriation 8,359,528 8,334,528 (25.000) Aerial Photography/Topographic Mapping 0 28,000 28,000 Total Appropriation 8,359,528 8,362,528 3,000 Ending Fund Balance 0 3,264,850 3,264,850 Expenditures 8,359,528 11,627,378 3,267,850 4 ORDINANCE NO. 9. The Waste Water Utility Fund (Fund 406) is hereby amended to reflect the following appropriation amendments: WASTE WATER UTILITY OPERATION FUND(Fund 406) FY 2006 Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 3,846,688 3,846,688 0 Use prior year revenue 84,074 112,074 28,000 Transfer in fund balance from Fund 220 0 67,826 67,826 Revenues 3,930,762 4,026,588 95,826 EXPENDITURES Budget Appropriation 3,930,762 3,930,762 0 Aerial Photography/Topographic Mapping 0 28,000 28,000 Total Appropriation 3,930,762 3,958,762 28,000 Ending Fund Balance 0 67,826 67,826 Expenditures 3,930,762 4,026,588 95,826 10. The Surface Water Utility Fund (Fund 407) is hereby amended to reflect the following appropriation amendments: SURFACE WATER UTILITY OPERATION FUND(Fund 407) FY 2006 Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 3,089,240 3,089,240 0 Use of Prior Year Revenue 152,711 180,711 28,000 Soft Capital Reimb from Fund 427 0 29,793 29,793 Revenues 3,241,951 3,299,744 57,793 EXPENDITURES Budget Appropriation 3,241,951 3,241,951 0 Aerial Photography/Topographic Mapping 0 28,000 28,000 Residual Equity Transfer out to Fund 427 0 29,793 29,793 Expenditures 3,241,951 3,299,744 57,793 5 ORDINANCE NO. 11. The Water Utility Construction Fund (Fund 425) is hereby amended to reflect the following appropriation amendments: WATER UTILITY CONSTRUCTION FUND(Fund 425) FY 2006 Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 6,715,000 6,715,000 0 Use prior year revenue 1,476,700 4,716,550 3,239,850 Revenues 8,191,700 11,431,550 3,239,850 EXPENDITURES Budget Appropriation 8,191,700 8,191,700 0 Transfer to Fund 405 0 3,239,850 3,239,850 Expenditures 8,191,700 11,431,550 3,239,850 12. Waste Water Utility Construction Fund (Fund 426) is hereby amended to reflect the following appropriation amendments: WASTEWATER UTILITY CONSTRUCTION FUND(Fund 426) FY Y 2006 Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 2,600,000 2,600,000 0 Use prior year revenue 2,022,000 2,022,000 0 Transfer in Bond proceeds from Fund 451 0 212,664 212,664 Revenues 4,622,000 4,834,664 212,664 EXPENDITURES Total Appropriation 4,622,000 4,622,000 0 Ending Fund Balance 0 212,664 212,664 Expenditures 4,622,000 4,834,664 212,664 6 ORDINANCE NO. 13. The Surface Water Utility Construction Fund (Fund 427) is hereby amended to reflect the following appropriation amendments: SURFACE WATER UTILITY CONSTRUCTION FUND(Fund 427) FY 2006 Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 2,300,000 2,300,000 0 Use prior year revenue 1,545,000 1,545,000 0 Transfer in from Fund 427 0 29,793 29,793 Revenues 3,845,000 3,874,793 29,793 EXPENDITURES Budget Appropriation 3,845,000 3,874,793 29,793 Expenditures 3,845,000 3,874,793 29,793 14. The Waterworks Revenue Bond Fund (Fund 451) is hereby amended to reflect the following appropriation amendments: WATERWORKS REVENUE BOND FUND(Fund 451) FY 2006 Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 3,103,500 3,103,500 0 Use prior year revenue 108,300 310,964 202,664 Revenues 3,211,800 3,414,464 202,664 EXPENDITURES Budget Appropriation 3,211,800 3,201,800 (10.E 00 i Transfer bond proceeds to Fund 426 0 212,664 212,664 Expenditures 3,211,800 3,414,464 202,664 15. The Firemen's Pension Fund (Fund 601) is hereby amended to reflect the following appropriation amendments: 7 • ORDINANCE NO. FIREMEN'S PENSION FUND(Fund 601) FY 2006 Amended Current 2006 Budget 2006 Budget Change REVENUES New Revenue 223,000 223,000 0 Use prior year revenue 234,300 254,300 20,000 Revenues 457,300 477,300 20,000 EXPENDITURES Budget Appropriation 457,300 477,300 20,000 Expenditures 457,300 477,300 20,000 SECTION II. A list of all individual budget adjustments and descriptions are hereby attached as Attachment A and are available for public review in the Office of the City Clerk, Renton City Hall. SECTION III. This ordinance shall be effective upon its passage, approval, and five(5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2006. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2006. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1258:6/07/06:ma 8 ORDINANCE NO. Attachment A Title and Description Amount General Fund 1 Mayor's Office Staff Reorganization(Mayor's office-New request) 85,000 Request for the reorganization in the Executive Division 2 Finance Operating Appropriation Request(FIS-New request) 40,000 $20,000 to continue the internship program and$10,000 for regular staff overtime to meet the Business Licenses system implementation need;$10,000 for Eden Finance System Study 3 Human Resources Operating Appropriation Request(HR-New request) 10,000 To assist in dealing with unusual staffing challenges facing the department this year 4 Voter's Registration&Election Costs (City Clerk Office-New request) 40,950 $11,200 for voters'registration costs and$29,750 for election costs to King County due to actual billing over the budgeted amounts 5 Human Services(Community Services-Budget Adjustment) (42.700) Reduce$8,660 intermittent salaries and benefits;increase$2,500 contractual account;and reduce$36,600 Summer lunch program since reimbursement from the State ended. We are contracting with The Salvation Army(TSA)to run the program 6 Aerial Photography/Topographic Mapping (PBPW-New Request) 28,000 Increase Budget appropriation in Utilities,Technical Services and Street Engineering Professional Svcs budget by using prior year Fund Balance 7 County Jail Services (Police-New Request) 500,000 Increase Budget appropriation to meet contract obligations General Fund(Fund 000)Total 661,190 Fire Wellness Program 8 Fund 011 Fire Wellness Program(Fire-Budget Adjustment) 18,500 Transfer appropriation from GF 000/009 Fire department operating budget to create new fund for Fire Wellness Program Fire Wellness Program Fund(Fund 011)Total 18,500 Park Fund 9 Integrated Pest Management Program(Community Services-New request) 32,000 Need to meet contract obligation Park Fund(Fund 101)Total 32,000 Street Fund 10 Aerial Photography/Topographic Mapping(PBPW-New Request) 28,000 Increase Budget appropriation in Utilities,Technical Services and Street Engineering Professional Svcs budget by using prior year Fund Balance Page 1 1258 A ORDINANCE NO. Attachment A Title and Description Amount Street Fund(Fund 103)Total 28,000 Hotel/Motel Fund 11 Hotel/Motel Fund Professional Contract(EDNSP- Increase appropriation) 22,500 Increase the revenue budget and expenditure appropriation to pay for Hamilton/Saunderson and Chamber contracts Hotel/Motel Fund(Fund 110)Total 22,500 LID Debt Service Fund 12 LID Debt Services Fund 220(LID-New Request) 35,801 Close Fund 220 and transfer the budget authority and FB to Fund 406 Wastewater Utility Operation Budget LID Debt Service(Fund 220)Total 35,801 Municipal Facilities CIP Fund 13 Library Master Plan(Community Services-New request) 130,000 To complete the master plan of the City Library System as discussed 14 Recreation Center Storage Facility 2nd Building(Comm Svcs-New request) 80,000 Provides additional funds to construct 2nd storage building at the RCC 15 Henry Moses Pool Lighting(Comm Svcs-New request) 80,000 Provides additional funds to complete project Municipal Facilities CIP Fund(Fund 316)Total 290,000 Water Utility Fund 16 Water Inventory Consumed(PBPW/Water Operating-Budget Adjustment) (25.000) Budget correction to 2006 budget 17 Aerial Photography/Topographic Mapping(PBPW-New Request) 28,000 Increase Budget appropriation in Utilities,Technical Services and Street Engineering Professional Svcs budget by using prior year Fund Balance 18 Ending Fund Balance Increase 3,264,850 Increase due to water inventory consumed(25,000)and fund balance transfer from fund 425 to 405 (reversed the transaction transfer from Fund 401 to 421 in 2005 Carry Forward ordinance) Water Utility Fund(Fund 405)Total 3,267,850 Wastewater Utility Fund 19 Aerial Photography/Topographic Mapping(PBPW-New Request) 28,000 Increase Budget appropriation in Utilities,Technical Services and Street Engineering Professional Svcs budget by using prior year Fund Balance Page 2 1258 A ORDINANCE NO. Attachment A Title and Description Amount 20 Ending Fund Balance Increase(LID-New Request) 67,826 Close Fund 220 and transfer Ending Fund Balance to Fund 406 Wastewater Utility Operation Budget Wastewater Utility Fund(Fund 406)Total 95,826 Surface Water Utility Fund 21 Aerial Photography/Topographic Mapping(PBPW-New Request) 28,000 Increase Budget appropriation in Utilities,Technical Services and Street Engineering Professional Svcs budget by using prior year Fund Balance 22 Surface Water Project(PBPW-Budget Adjustment) 29,793 2005 Transfer to fund 427 was not posted in 2005 Surface Water Utility Fund(Fund 407)Total 57,793 Water Utility Fund 23 Transfer fund balance from fund 425 to 405(PBPW/Fund balance Transfer)Transfer 3,239,850 fund balance from Fund 425 to Fund 405(reversed the transaction transfer from Fund 401 to 421 in 2005 Carry Forward ordinance) Water Utility Construction Fund(Fund 425)Total 3,239,850 Waste Water Utility Construction Fund 24 Ending Fund Balance Increase 212,664 Transfer the last 2004 bond proceeds from Fund 451 Waste Water Utility Construction Fund(Fund 426)Total 212,664 Surface Water Utility Construction Fund 25 Surface Water Project(PBPW-Budget Adjustment) 29,793 2005 CIP Soft Capital expenditure was not posted in 2005 Surface Water Utility Construction Fund(Fund 427)Total 29,793 Waterworks Utility Debt Service Fund 26 Interest appropriation(PBPW-Budget Adjustment) (10.000) Budget correction to 2006 27 Transfer 2004 Bond proceeds(PBPW-New request) 212,664 Transfer the last 2004 bond proceeds to fund 426 Waterworks Utility Debt Service Fund(Fund 451)Total 202,664 Firemen's Pension Fund 28 Fire Pension Medical(Pension Fund-New Request) 20,000 Pension Board approved reimbursements to the Insurance Fund 522 for medical disbursements effective 1/1/2006.Funding source is Fund balance Firemen Pension Fund(Fund 601)Total 20,000 Page 3 1258 A