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HomeMy WebLinkAboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, June 26, 2023 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Please note that this regular meeting of the Renton City Council is being offered as a hybrid meeting and can be attended in person at the Council Chambers, 7th floor of City Hall, 1055 S Grady Way, Renton, 98057 or remotely through Zoom. For those wishing to attend by Zoom: Please (1) click this link https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or copy/paste the URL into a web browser) or (2) call-in to the Zoom meeting by dialing 253-215- 8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the day of the meeting to request an invite with a link to the meeting. Registration for Audience Comment: Registration will be open at all times, but speakers must register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and will be required to re-register for the next Council meeting if they wish to speak at that next meeting. • Request to Speak Registration Form: o Click the link or copy/paste the following URL into your browser: https://forms.office.com/g/bTJUj6NrEE • You may also call 425-430-6501 or email jsubia@rentonwa.gov or cityclerk@rentonwa.gov to register. Please provide your full name, city of residence, email address and/or phone number, and topic in your message. • A sign-in sheet is also available for those who attend in person. Video on Demand: Please click the following link to stream Council meetings live as they occur, or to select previously recorded meetings: Renton Channel 21 Video on Demand 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATIONS a) Mayor Pavone - Certificate of Municipal Leadership from the Association of Washington Cities (AWC) b) Councilmember Ed Prince - Advanced Certificate of Municipal Leadership from the Association of Washington Cities (AWC) 4. ADMINISTRATIVE REPORT a) Administrative Report 5. AUDIENCE COMMENTS • All remarks must be addressed to the Council as a whole, if a response is requested please provide your name and address, including email address, to the City Clerk to allow for follow‐up. • Speakers must sign-up prior to the Council meeting. • Each speaker is allowed three minutes. • When recognized, please state your name & city of residence for the record. NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of June 12, 2023. Council Concur b) AB - 3362 Community & Economic Development Department submits the 2021 Construction Codes and local amendments for review. After review by the Planning Commission a recommendation to adopt code changes will be provided to Council. Refer to Planning Commission and Planning & Development Committee c) AB - 3373 Finance Department recommends execution of the engagement letter with the State Auditor's Office (SAO), in the amount of $173,000, for the SAO to perform the annual audit for fiscal year 2022. Council Concur d) AB - 3375 Public Works Airport recommends execution of a grant agreement with the Federal Aviation Administration, to accept up to $1,660,999, for design services work for the reconstruction of Taxiway Alpha at the Renton Municipal Airport. Council Concur e) AB - 3374 Public Works Facilities Division recommends approval of Amendment 3 to LAG- 21-005, with Day 1 Academies dba Bezos Academy, which authorizes the academy to construct an age-appropriate playground at no cost to the City, at the North Highlands Neighborhood Center, 3000 NE 16th St, due to limited access to the Meadow Crest playground located nearby. Council Concur f) AB - 3371 Public Works Maintenance Services Division requests approval to execute a purchase agreement with Papé, utilizing Washington State Contract No. 05916, for three Public Works dump vehicles totaling $1,003,647; and approve transfers of $140,000 from Street Fund 003 and $40,000 from Water Fund 405 to cover the budget gap, which will be included in the second quarter budget adjustment. Refer to Finance Committee g) AB - 3376 Public Works Utility Systems Division recommends approval of Amendment No. 1 to the Utility Construction Agreement (UTB-1048) with the Washington State Department of Transportation, in the amount of $133,728.08, for additional costs associated with the I-405 - Linda Ave SW Bridge Span Replacement project. Council Concur 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Finance Committee: Vouchers, Contract for Development of a Comprehensive 10‐Year Arts & Culture Master Plan, Renewal of City's Property Insurance Policies for 2023‐2024, Agreement with Keating, Bucklin, and McCormack, Inc., PS for Legal Service, Agreement with King County for Regional Opioid Abatement Council b) Planning and Development Committee: South King County Housing and Homelessness Partners (SKHHP) 2024 Work Plan and Operating Budget* 8. LEGISLATION Resolution: a) Resolution No. 4500: Approve 2024 SKHHP Work Plan and Budget (See Item 7.b) 9. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 10. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 6:00 p.m. - 7th Floor Council Chambers/Videoconference Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings Mayor Armondo Pavone City of Renton Presented: June 8, 2023 AGENDA ITEM #3. a) Councilmember Ed Prince City of Renton Presented: June 12, 2023 AGENDA ITEM #3. b) MAYOR’S OFFICE M E M O R A N D U M DATE:June 26, 2023 TO:Valerie O’Halloran, Council President Members of Renton City Council FROM:Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT:Administrative Report •Tuesday, July 4: NO FIREWORKS SHOW from Gene Coulon Memorial Beach Park this year due to construction projects still underway. The park will close early at 7:00 p.m. and Kennydale Beach Park will close early at 8:00 p.m. Also, there will be no Renton Farmers Market this day in observance of the Holiday. Check local listings for 4th of July activities in other areas. •Henry Moses Aquatic Center is now open seven days a week through Labor Day. For information on times, programs and to make reservations please visit rentonwa.gov/hmac. •Summer recreation programs and events for all ages and abilities are in full swing. For details and registration information visit rentonwa.gov/recreation. •For this and other information about Parks and Recreation visit rentonwa.gov/parks or call (425) 430-6600. •Information about preventative street maintenance, traffic impact projects, and road closures happening this week can be found at http://rentonwa.gov/traffic. All projects are weather permitting and unless otherwise noted, streets will always remain open. Preventative street maintenance, traffic impact projects, and road closures will be at the following locations: ✓Monday, June 26 through Friday, June 30, 8:00 a.m. to 3:00 p.m. Road closure on NE 10th Street between Kirkland Avenue NE and NE Sunset Blvd. Detour route will be provided. Questions may be directed to Kip Braaten, 206-503-1746. ✓Monday, June 26 through Friday, June 30, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on NE 12th St and Jefferson Ave NE for utility installation. Questions may be directed to Brad Stocco, 425-282-2373. AGENDA ITEM #4. a) Valerie O’Halloran, Council President Members of Renton City Council Page 2 of 2 ✓Monday, June 26 through Friday, June 30, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on SW 16th Street at Maple Avenue SW for construction work. Questions may be directed to Tom Main, 206-999-1833. ✓Monday, June 26 through Friday, June 30, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on SW 16th Street at Raymond Avenue SE for construction work. Questions may be directed to Tom Main, 206-999-1833. ✓Monday, June 26 through Friday, June 30, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on Jefferson Avenue NE at NE 4th Street for construction work. Questions may be directed to Kip Braaten, 206-503-1746. ✓Monday, June 26 through Friday, June 30, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on Lincoln Avenue NE at the 4100 block. Questions may be directed to Kip Braaten, 206-503-1749. ✓Monday, June 26 through Friday, June 30, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on Lind Avenue SW at SW 19th Street for construction work. Questions may be directed to Tom Main, 206-999-1833. ✓Monday, June 26 through Friday, June 30, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on SE Petrovitsky Road and Benson Drive South/108th Avenue SE for construction work. Questions may be directed to Tom Main, 206-999-1833. ✓Monday, June 26 through Friday, June 30, 8:00 a.m. to 3:00 p.m. Intermittent lane closure on NE Sunset Blvd between Edmonds Avenue NE and Kirkland Avenue NE for construction work. Questions may be directed to Brad Stocco, 425-282-2373. ✓Tuesday, June 27 through Thursday, June 29, 7:00 a.m. to 4:00 p.m. Street crews will continue paving at 12228 SE Petrovitsky Road in the westbound direction. ✓Ongoing Street Closure through October 4, 2023 (City of Renton Resolution No. 4446). FULL STREET CLOSURE on Sunset Lane NE between NE 10th Street and Harrington Place NE in support the Solera Development Project (LUA20-000305). Questions may be directed to Brad Stocco, 425-282-2373. AGENDA ITEM #4. a) June 12, 2023 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, June 12, 2023 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Valerie O'Halloran, Council President Ed Prince, Council Position No. 5 James Alberson, Jr., Council Position No. 1 Carmen Rivera, Council Position No. 2 Ryan McIrvin, Council Position No. 4 Ruth Pérez, Council Position No. 6 (attended virtually) Kim-Khánh Vǎn, Council Position No. 7 Councilmembers Absent: ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer Patrice Kent, Senior Assistant City Attorney Jason Seth, City Clerk Kristi Rowland, Deputy Chief Administrative Officer Maryjane Van Cleave, Equity, Housing, and Human Services Administrator Ellen Bradley-Mak, Human Resources and Risk Management Administrator Chief Jon Schuldt, Police Department Administrator Deputy Chief Jeff Hardin, Police Department Commander Dan Figaro, Police Department Attended Virtually: Kelly Beymer, Parks & Recreation Administrator Martin Pastucha, Public Works Administrator Kari Roller, Finance Administrator AGENDA ITEM #6. a) June 12, 2023 REGULAR COUNCIL MEETING MINUTES Ron Straka, Public Works Utility Systems Director PROCLAMATION a) Juneteenth 2023: A proclamation by Mayor Pavone was read declaring June 19, 2023 to be Juneteenth in the City of Renton, encouraging all citizens to join in this celebration. Erika Conway, Vice-President of the Seattle-King County NAACP, accepted the proclamation with appreciation. MOVED BY PRINCE, SECONDED BY O'HALLORAN, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. ADMINISTRATIVE REPORT CAO Ed VanValey reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2023 and beyond. Items noted were:  The repair and resurfacing of the tennis courts at Liberty Park has been completed and they have been reopened for use. In response to significant community demand, one of the tennis courts was converted to two new pickleball courts as a part of the project. The community is invited to visit Liberty Park and enjoy the newly resurfaced courts.  Preventative street maintenance will continue to impact traffic and result in occasional street closures. AUDIENCE COMMENTS  Theresa Johnson, Renton, stated she is a business owner in Renton and her business is being negatively impacted by construction on Rainier Ave S. Mayor Pavone noted that he would have someone from the Public Works Department reach out to Ms. Johnson.  Patty Eixenberger, Renton, stated she is speaking on behalf of the local VFW Hall on Burnett Ave S and requested that the parking in the area be left alone. She explained that the parking is needed for their clients who rent out the Hall for various uses.  John Bernritter, Renton, stated he too is speaking on behalf of the VFW Hall on Burnett Ave S and requested that the parking lot situation be left alone. The lot is needed for VFW patrons who play bingo, host receptions, and have other events at the Hall. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. Councilmember Prince pulled Item 7.c. for Separate Consideration. a) Approval of Council Meeting minutes of June 5, 2023. Council Concur. b) AB - 3367 Community & Economic Development Department recommended approval of a contract with Framework Cultural Placemaking, in the amount of $146,250, for the AGENDA ITEM #6. a) June 12, 2023 REGULAR COUNCIL MEETING MINUTES development of a 10-year Arts & Culture Master Plan; and requested approval of additional budget appropriations in the amount of $146,250 to be included in the second quarter budget adjustment. Refer to Finance Committee. d) AB - 3370 Finance Department recommended approval to adopt and participate in the regional Opioid Abatement Council (OAC) agreement with King County to oversee and report on opioid remediation expenditures related to the opioid settlement funds received through a Memorandum of Understanding with Washington State. In return, King County will receive the lesser of 10% of the city's total opioid settlement or their actual administrative costs. Refer to Finance Committee. e) AB - 3368 Human Resources / Risk Management Department recommended approval to execute the 2023-2024 property insurance renewals, in an amount not to exceed $1,400,000, when the implementing documents are available. Refer to Finance Committee. f) AB - 3369 Police Department recommended approval of an agreement with Keating, Bucklin, and McCormack, Inc., P.S., in an amount not to exceed $200,000, for legal services. Refer to Finance Committee. MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, MINUS ITEM 7.C. CARRIED. SEPARATE CONSIDERATION - ITEM 7.c. c) AB - 3332 Equity, Housing, and Human Services Department recommended adoption of a resolution approving the South King Housing and Homelessness Partners (SKHHP) 2024 Work Plan and Operating Budget. REFER TO PLANNING COMMISSION AND PLANNING & DEVELOPMENT COMMITTEE MOVED BY PRINCE, SECONDED BY MCIRVIN, REFER TO PLANNING & DEVELOPMENT COMMITTEE ONLY. CARRIED. UNFINISHED BUSINESS a) Finance Committee Chair Pérez presented a report concurring in the staff recommendation to approve the following payments: 1. Accounts Payable – total payment of $9,529,606.89 for vouchers 10647-10655, 408432-408468, 408469, 408479-408840; payroll benefit withholding vouchers 7133-7143, 408470-408478 and 3 wire transfers. 2. Payroll – total payment of $1,846,765.24 for payroll vouchers that include 669 direct deposits and 14 checks. (05/01/2023-05/15/2023 pay period). MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Finance Committee Chair Pérez presented a report concurring in the staff recommendation to approve the requested fee waiver of $1,675.00 in temporary use and permit fees, by the Renton- AGENDA ITEM #6. a) June 12, 2023 REGULAR COUNCIL MEETING MINUTES King County Justice Alliance, for the Juneteenth Celebration event on June 25, 2023, at Liberty Park. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Finance Committee Chair Pérez presented a report concurring in the staff recommendation to approve the purchase of used artificial field turf that will replace the existing artificial turf in the Driving Range at Maplewood Golf Course. The total cost of the 155,000 sq ft of used artificial field turf at the price of $1.30 per sq ft would be $274,699.50. This price would include tax and shipping from Pullman, Washington. Compare that to the price of new turf, plus tax and shipping at approximately $897,315.00, there would be a cost savings of approximately $622,615.50. Requesting additional budget appropriation of $274,699.50 as well as a transfer from the operating fund to the capital fund for the same amount. The additional budget will also be included with the Q2 2023 budget adjustment. The Committee further recommended that the resolution regarding this matter be presented for adoption. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. d) Finance Committee Chair Pérez presented a report concurring in the staff recommendation to authorize the Mayor to execute the lease with DISH Wireless, LLC for 5 years, effective July 1, 2023, to June 30, 2028. This lease generates approximately $186,000 over the five-year term. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. e) Finance Committee Chair Pérez presented a report concurring in the staff recommendation to authorize the Mayor and City Clerk to execute Change Order 1, in the amount of $1,877,666.01, to the agreement between McKinstry Essention LLC and the City of Renton for Energy Upgrades at City Facilities. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. f) Finance Committee Chair Pérez presented a report concurring in the staff recommendation to approve the adjustment to customer account 05270-000 in the amount of $3,608.17 or excess consumption caused by a qualified water line leak in accordance with RMC 8-4-46 and 8-5-23. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. g) Finance Committee Chair Pérez presented a report concurring in the staff recommendation to approve the new personal holiday policy and procedural changes for non-represented employees, as of July 1, 2023, as follows: Upon hire into a non-represented position, new employees are eligible to receive one day (eight hours) of personal holiday. If the hire date is prior to July 1, then after six months of employment, the employee will receive a second personal holiday (eight hours). At the start of the new year, the non-represented employee will receive two personal holidays and annually thereafter. Furthermore, non-represented employees shall be able to cash out any unused personal holiday hours at the end of each year, starting in 2023. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. AGENDA ITEM #6. a) June 12, 2023 REGULAR COUNCIL MEETING MINUTES h) Finance Committee Chair Pérez presented a report concurring in the staff recommendation to authorize the Mayor and City Clerk to execute the Local Agency Agreement and Prospectus with the Washington State Department of Transportation for the obligation of grant funding and all subsequent agreements necessary to accomplish the Sunset Trail Project. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. i) Finance Committee Chair Pérez presented a report concurring in the staff recommendation to accept the $250,000 in 2023 King County Veterans, Seniors, and Human Services Levy (VSHSL) Funds for the Minor Home Repair Program and authorize the Mayor and City Clerk to execute the agreement. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. j) Planning & Development Committee Chair Prince presented a report concurring in the staff and Planning Commission recommendation regarding the proposed N 30th Street CPA and rezone (CPA #23-M-01), which was referred in 2020 but held for staff to amend CN Zone development standards and allow for greater public engagement. The Committee further recommended an ordinance for this item be prepared and presented for first reading when complete. MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. LEGISLATION Resolution: a) Resolution No. 4499: A resolution was read finding a special facility and market condition and granting authority for Maplewood Golf Course to purchase used artificial turf for the driving range. MOVED BY PÉREZ, SECONDED BY ALBERSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Ordinance for second and final reading: b) Ordinance No. 6113: An ordinance was read amending Section 10-11-1 of the Renton Municipal Code regulations by reducing the speed limit in the vicinity of Aberdeen Avenue Northeast from Northeast 27th Street to Northeast 28th Place, Northeast 28th Place from Aberdeen Avenue Northeast to its western end, Northeast 28th Street from Aberdeen Avenue Northeast to its western end, Northeast 28th Street from Aberdeen Avenue Northeast to its eastern end, and Blaine Avenue Northeast from Northeast 28th Street to its eastern end, from twenty-five (25) to twenty (20) miles per hour, providing for severability, and establishing an effective date. MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS AGENDA ITEM #6. a) June 12, 2023 REGULAR COUNCIL MEETING MINUTES Please see the attached Council Committee Meeting Calendar. ADJOURNMENT MOVED BY PRINCE, SECONDED BY O'HALLORAN, COUNCIL ADJOURN. CARRIED. TIME: 7:28 P.M. Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 12 Jun 2023 AGENDA ITEM #6. a) Council Committee Meeting Calendar June 12, 2023 June 19, 2023 Monday Juneteenth Holiday – No Meetings June 26, 2023 Monday 2:45 PM * Finance Committee, Chair Pérez Location: Council Conference Room/Videoconference 1. Contract for Development of a Comprehensive 10-Year Arts & Culture Master Plan 2. Renewal of City's Property Insurance Policies for 2023-2024 3. Agreement with Keating, Bucklin, and McCormack, Inc., PS for Legal Service 4. Agreement with King County for Regional Opioid Abatement Council 5. Vouchers 6. Emerging Issues in Finance 4:00 PM * Public Safety Committee, Chair Văn * Location: Council Conference Room/Videoconference * 1. RFA Briefing * 2. Emerging Issues in Public Safety * 5:00 PM Planning & Development Committee, Chair Prince Location: Council Conference Room/Videoconference 1. Docket 18, Group B Update • D-227: Impact Fees 2. South King County Housing and Homelessness Partners (SKHHP) 2024 Work Plan and Operating Budget 3. Emerging Issues in CED 6:00 PM Committee of the Whole, Chair O’Halloran Location: Council Chambers/Videoconference 1. Emergency Management Update and Information * 1. Impact Analysis on Locally Imposed Minimum Wage and Hiring Practices * 7:00 PM Council Meeting Location: Council Chambers/Videoconference * revised on 06/22/23 AGENDA ITEM #6. a) AB - 3362 City Council Regular Meeting - 26 Jun 2023 SUBJECT/TITLE: 2021 Construction and Administrative Code with Local Amendments Adoption RECOMMENDED ACTION: Refer to Planning Commission and Planning & Development Committee DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Robert Shuey, Development Services Director EXT.: 7290 FISCAL IMPACT SUMMARY: N/A SUMMARY OF ACTION: The purpose of this Agenda Bill is to adopt state -mandated updates to the City’s construction codes to improve public safety and welfare by staying current with new code requirements. Typically, the model codes are updated on a 3-year cycle and the state follows with mandating their adoption by local jurisdictions. STATE MANDATE Effective July 1, 2023, Washington statutes require all jurisdictions in the state to adopt and enforce the following updated Construction Code editions as they were adopted and amended by the State of Washington: • 2021 International Building Code (IBC) • 2021 International Residential Code (IRC) • 2021 International Mechanical Code (IMC) • 2021 International Fuel Gas Code (IFGC) • 2021 Uniform Plumbing Code (UPC) • 2021 International Fire Code (IFC) • 2021 International Existing Building Code • 2021 International Swimming Pool and Spa Code • 2021 International Wildland-Urban Interface Code (WUIC) • Washington State Energy Code (WSEC) • Washington Cities Electrical Code (WCEC) MANDATED CHANGES The mandated code updates include hundreds of changes with various levels of impact on safety, energy efficiency, construction costs, etc. For example, the updates include fire -resistive construction changes to improve fire and life safety, more stringent energy code requirements to improve energy efficiency, which will both result in small increases in construction costs. The analysis of such cost relationships was part of the state code adoption process. AGENDA ITEM #6. b) Some impactful and higher profile changes include restrictions on fossil fuel heating equipment, requirements for heat pump space heaters and service water heaters, provisions for EV charging infrastructure, accessibility changes to accommodate larger wheelchairs, and the enforcement of the Wildland-Urban Interface Code. The estimated annual increase in staff time required to conduct the plan review, inspection, enforcement, and administration of the mandated code updates is approximately 500 hours. OPTIONAL CHANGES Staff recommends that the city also adopt the following changes that are not mandated by the State, but will help to align City requirements with those of other regional jurisdictions: 1. Update the Administrative Provisions to remain consistent with the Regional Model Code (MyBuildingPermit.com). This proposed update includes minor alterations to the administrative provisions within the existing RMC 4-5-060 enabling the Renton Construction Administrative Code to remain consistent with the regional model administrative code for cities participating within MyBuildingPermit.com. Examples include designating the authority for interpretations and enforcement, setting expiration criteria for permit applications and permits, and similar administrative provisions. 2. There are NO optional changes proposed to other Construction Codes (IRC, IBC, etc.). Other than the state mandated changes, there are no changes proposed to the other construction codes. Note - state law prohibits the local amendment of certain construction codes without state approval. EXHIBITS: N/A STAFF RECOMMENDATION: Refer items for the 2021 Construction Code updates and local amendments to the Planning Commission and Planning and Development Committee for review. Following this review, the Planning Commission will present code revision recommendations. AGENDA ITEM #6. b) AB - 3373 City Council Regular Meeting - 26 Jun 2023 SUBJECT/TITLE: 2022 Audit Engagement Letter with the Office of Washington State Auditor RECOMMENDED ACTION: Council Concur DEPARTMENT: Finance Department STAFF CONTACT: Ariel Llorach, Sr. Finance Analyst EXT.: 6925 FISCAL IMPACT SUMMARY: Audit costs are estimated to be $173,000; there is sufficient budget available to cover these costs. SUMMARY OF ACTION: The SAO performs audits of local and state agencies in Washington, and performs an annual audit of the city as required by legislation. The annual audit scope of the city includes: • Financial statement audit, • Annual Comprehensive Financial Report letter, • Federal grant compliance audit, • Accountability audit. Upon completion of the audits, SAO will issue written audit reports containing these opinions. Additional information regarding the scope and limitations of each audit type can be found in the audit eng agement letter. EXHIBITS: A. Issue Paper B. Engagement Letter STAFF RECOMMENDATION: Authorize the execution of the engagement letter for SAO to perform the annual audit for fiscal year 2022. AGENDA ITEM #6. c) Finance Department Memorandum DATE:June 15, 2023 TO:Valerie O’Halloran, Council President Members of Renton City Council VIA:Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer FROM:Kari Roller, Finance Administrator SUBJECT:2022 Audit Engagement Letter with the Office of Washington State Auditor ISSUE Should the city execute the engagement letter with the Office of Washington State Auditor (SAO) to conduct the fiscal year 2022 audits? OVERVIEW The SAO performs audits of local and state agencies in Washington, and performs an annual audit of the city as required by legislation. The annual audit scope of the city includes: •Financial statement audit – auditors provide an opinion on the city’s financial statements on whether those statements are presented fairly, in all material respects, in accordance with the applicable reporting framework. •Annual Comprehensive Financial Report letter – the letter is for the Governmental Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting (ACFR) program. Auditors perform additional procedures and provide their financial statement opinion in letter form to be included in our ACFR submission to GFOA. •Federal grant compliance audit – this audit is required by federal law when local governments spend $750,000 or more annually in federal financial assistance. The auditors provide an opinion on compliance with federal requirements that could have direct and material effect on the city’s major federal programs. •Accountability audit – auditors examine the management, use, and safeguarding of public resources to ensure there is protection from misuse and misappropriation. RECOMMENDATION Staff recommends Council authorize the execution of the engagement letter for SAO to perform the annual audit for fiscal year 2022. AGENDA ITEM #6. c) June 7, 2023 Mayor and City Council City of Renton 1055 South Grady Way Renton, WA 98057 We are pleased to confirm the audits to be performed by the Office of the Washington State Auditor, in accordance with the provisions of Chapter 43.09 RCW, for the City of Renton. This letter confirms the nature and limitations of the audits, as well as responsibilities of the parties and other engagement terms. Office of the Washington State Auditor Responsibilities Financial Statement Audit We will perform an audit of the comprehensive financial report and basic financial statements of the City of Renton as of and for the fiscal year ended December 31, 2022, prepared in accordance with accounting principles generally accepted in the United States of America (GAAP). The objective of our audit will be to express our opinion on these financial statements. We will perform our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable, rather than absolute, assurance about whether the financial statements are free from material misstatement. Since we do not review every transaction, our audit cannot be relied upon to identify every potential misstatement. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk exists that some material misstatements may not be detected, even though the audit is properly planned and performed in accordance with the standards identified above. A financial statement audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers relevant internal controls in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of internal control. Accordingly, we will express no such opinion. Although our audit is not designed to provide an opinion on the effectiveness of internal control over financial reporting, we are required to report any identified significant deficiencies and material Office of the Washington State Auditor Pat McCarthy Insurance Building, P.O. Box 40021  Olympia, Washington 98504-0021  (564) 999-0950  Pat.McCarthy@sao.wa.gov AGENDA ITEM #6. c) weaknesses in controls. We are also required to report instances of fraud and noncompliance with provisions of laws, regulations, contracts, and grant agreements that could have a direct and material effect on the accuracy of financial statements. A financial statement audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. All misstatements identified by the audit will be discussed with management. Material misstatements corrected by management and all uncorrected misstatements will be communicated at the exit conference, as required by professional auditing standards. Our responsibility is to express in a written report an opinion on the financial statements based on the results of our audit. We cannot guarantee an unmodified opinion. We may modify or disclaim an opinion on the financial statements if we are unable to complete the audit or obtain sufficient and appropriate audit evidence supporting the financial statements. If our opinion is other than unmodified, we will fully discuss the reason with you prior to issuing our report. Further, in accordance with professional standards, we may add emphasis-of-matter or other-matter paragraphs to our report to describe information that, in our judgment, is relevant to understanding the financial statements or our audit. We will also issue a written report (that does not include an opinion) on issues identified during the audit related to internal control over financial reporting and on compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The City prepares supplementary information that accompanies the financial statements, which is required by Generally Accepted Accounting Principles. We agree to perform auditing procedures on this information, with the objective of expressing an opinion as to whether it is fairly stated, in all material respects, in relation to the financial statements taken as a whole. The City also prepares other information to accompany the financial statements, which is required by accounting standards or is done at its discretion. We will perform limited procedures on this information for the purpose of identifying inconsistencies with the financial statements. However, we will not express an opinion on its fair presentation. Federal Single Audit We will also perform a federal single audit on compliance with, and report on internal control over compliance for, each major program for the fiscal year ended December 31, 2022, in accordance with auditing standards generally accepted in the United States of America; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk exists that AGENDA ITEM #6. c) some material noncompliance may not be detected, even though the audit is properly planned and performed in accordance with these standards and the Uniform Guidance. In planning and performing the compliance audit, we will consider internal control over compliance in order to determine the appropriate auditing procedures necessary for opining on compliance with each major program, and for testing and reporting on internal control over compliance in accordance with Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we will express no such opinion. Although our audit is not designed to provide an opinion on the effectiveness of internal control over compliance, we are required to report any identified significant deficiencies and material weaknesses in controls. We will express an opinion as to whether the Schedule of Expenditures of Federal Awards is fairly stated, in all material respects, in relation to the financial statements taken as a whole for the fiscal year ended December 31, 2022. We estimate the federal single audit will cover two federal grant programs, which will be identified at the audit entrance conference. If additional grant programs are audited to satisfy the requirements of the Uniform Guidance, the audit budget discussed below will increase by approximately $8,000 per additional major program. Upon completion of our audit we will issue a written report containing our opinion on compliance for each major program and a written report on internal control over compliance. We cannot provide assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion, issue a disclaimer of opinion, or add an emphasis-of-matter or other-matter paragraph(s) to the report. Accountability Audit We will perform an accountability audit of compliance with applicable state laws, regulations, and policies, and of controls over the safeguarding of public resources for the fiscal year ended December 31, 2022. The audit will be conducted in accordance with provisions of RCW 43.09.260 and the Office’s audit policies, which include policies specific to these types of audits and general audit policies. Our general audit policies apply to all our engagements and incorporate the requirements of Government Auditing Standards, as applicable, on topics such as communications with auditees, independence, audit evidence and documentation, and reporting. An accountability audit involves performing procedures to obtain audit evidence about compliance and controls in areas selected for audit. In keeping with general auditing practices, we do not examine every transaction, activity, policy, internal control, or area. The areas examined and procedures selected depend on the auditor’s judgment, including the assessment of the risks of fraud, loss, abuse, or noncompliance. Upon completion of our audit, we will issue a written report describing the overall results and conclusions for the areas we examined. Data Security Our Office is committed to appropriately safeguarding the information we obtain during the course of the audit. We have entered into a data sharing agreement with the City to ensure compliance with legal requirements and Executive Directives (Executive Order 16-01, RCW 42.56 and OCIO Standard 141.10) in the handling of information considered confidential. AGENDA ITEM #6. c) Responsibilities specific to this engagement Additionally, we will: • Provide management with advanced notification if we identify issues that require further audit work and increase audit costs. • Participate in weekly progress meetings to discuss the status of the audit plans for future weeks. At those meetings, we will provide information on the departments we will work in and the audit objectives we will be addressing. • Conduct a formal exit conference to discuss results of the financial audit. A separate exit conference on the single audit. The exit conference on the accountability audit may be conducted at a later date since our audit work may not be completed by the end of September. • Provide our financial statement opinion (ACFR letter) by July 31, 2023 provided the financial statements we receive for audit are free of significant or numerous errors and the City fulfills its requirements listed in the succeeding Client’s Responsibilities section. • Interact with staff professionally and respectfully and communicate needs and issues in a timely manner. We will notify the City the previous day, if we know that audit staff will not be onsite the subsequent day(s) • Provide written correspondence during the course of the audit through email to the audit liaison, Ariel Llorach, Senior Financial Analyst. • Provide advance notice when a scheduled meeting is to be cancelled. • Allow the City seven days to provide a written response to any findings. Reporting levels for audit issues Issues identified through the auditing process will be communicated as follows. Failure to appropriately address audit issues may result in escalated reporting levels. • Findings formally address issues in an audit report. Findings report significant results of the audit, such as significant deficiencies and material weaknesses in internal controls; misappropriation; and material abuse or non-compliance with laws, regulations, contracts or grant agreements. You will be given the opportunity to respond to a finding, and this response, or a synopsis of it, will be published in the audit report. Professional auditing standards define the issues we must report as findings with regard to non-compliance with a financial statement effect and internal controls over financial reporting. The Uniform Guidance defines the issues we must report as findings with regard to non-compliance and internal controls over compliance with federal grants. • Management letters communicate control deficiencies, non-compliance, misappropriation, abuse, or errors with a less-than-material effect on audit objectives. Management letters are referenced, but not included, in the audit report. • Exit items address control deficiencies, non-compliance, abuse, or errors that have an insignificant effect on audit objectives. These issues are informally communicated to management and are not referenced in the audit report. Client’s Responsibilities Management is responsible for the accuracy and completeness of information provided to the auditor and will provide the Office of the Washington State Auditor with: • Unrestricted access to people with whom the auditor wishes to speak. • All information that is requested or relevant to auditor requests. • Notification when any documents, records, files, or data contain information that is covered by confidentiality or privacy laws. • Adequate workspace and conditions, including interacting with auditors professionally and respectfully and promptly communicating about any issues and concerns. AGENDA ITEM #6. c) Moreover, our audit does not relieve management or the governing body of their responsibilities. Management’s responsibilities, with oversight from the governing body, include: • Selecting and applying appropriate administrative and accounting policies. • Establishing and maintaining effective internal controls over financial reporting, compliance, and safeguarding of public resources. • Designing and following effective controls to prevent and detect fraud, theft, and loss. • Promptly reporting to us knowledge of any fraud, allegations of fraud or suspected fraud involving management, employees or others, in accordance with RCW 43.09.185. • Ensuring compliance with laws, regulations and provisions of contracts and grant agreements. • Preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America (GAAP). • Preparing the following supplementary information: o Schedule of Expenditures of Federal Awards (including notes and noncash assistance received) that includes all expenditures from federal agencies and pass-through agencies in the form of grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations, and other assistance in accordance with Uniform Guidance 2 CFR § 200.510 requirements. o Combining Statements in accordance with Generally Accepted Accounting Principles. • Including the auditor’s report on the supplementary information in any document that both contains the supplementary information and indicates that the auditor reported on the supplementary information. • Either presenting the supplementary information with the audited financial statements or, if the supplementary information will not be presented, making the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information and auditor’s report thereon are issued. Federal Single Audits – Additional Responsibilities: • Identifying all federal awards received. • Understanding and complying with the provisions of laws, regulations, contracts, and grant agreements, including applicable program compliance requirements. • Establishing and maintaining internal control over compliance, including establishing and maintaining effective controls that provide reasonable assurance that the City administers government programs in compliance with the compliance requirements. • Evaluating and monitoring compliance with federal award requirements. • Informing us of the City’s relationships with significant vendors who are responsible for program compliance • Submitting the reporting package and data collection form through the Federal Audit Clearinghouse. Responsibilities at the conclusion of the audit At the conclusion of our audit, the City will provide us with a letter to confirm in writing certain express and implied representations made during the course of the audit. This letter includes representations regarding legal matters. A separate letter may be needed from the City’s legal counsel. Management and the governing body are also responsible for following up and taking corrective action on all audit findings, including, when applicable, preparing a summary schedule of prior audit findings and a corrective action plan on the City’s own letterhead. AGENDA ITEM #6. c) Responsibilities specific to this engagement Additionally, the City will: • Provide our Office with documentation of the financial statement review and approval before they were submitted for audit. • Obtain a clear understanding of accounting standards applied in your financial statements and fully understand any adjusting journal entries recommended by the Office of the Washington State Auditor before approving the entries. • Revise financial statements and schedules only if agreed to in writing by our Office. • Interact with auditors professionally and respectfully and promptly communicate issues and concerns. Estimated Audit Costs and Timeline We estimate the cost of the audit to be $173,000, plus travel costs, and other expenses, if any. Invoices for these services will be prepared and presented each month as our audit work progresses. We anticipate our reports will be published on our website www.sao.wa.gov and be available to you and the public as outlined below. These estimates are based on timely access to financial information and no significant audit reporting issues. The estimated cost and completion date may change if unforeseen issues arise or if significant audit issues are identified necessitating additional audit work and communication. Currently we estimate an additional $2,600 per significant audit reporting issue. We will promptly notify you if this is the case. Report Date* Independent Auditor’s Report on Financial Statements July 31, 2023 Independent Auditor’s Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards July 31, 2023 Independent Auditor’s Report on Compliance for Each Major Program and on Internal Control over Compliance in Accordance with Uniform Guidance September 30, 2023 Independent Auditor’s Report on Accountability December 31, 2023 *Report Issuance Dates Are Estimates Only The audit documentation for this engagement, which may contain confidential or sensitive information, is the property of SAO and constitutes a public record under Chapter 42.56 RCW. Subject to applicable laws and regulations, appropriate individuals, as well as audit documentation, will be made available upon request and in a timely manner to appropriate auditors and reviewers, City’s management and governing body, and federal agencies, for purposes of a public records request, a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. The audit documentation for this engagement will be retained for a minimum of five years after the report release (publish) date in accordance with the public records retention schedule established by the Washington Secretary of State. Expected Communications During the course of the audit, we will communicate with the City’s selected audit liaison, Ariel Llorach, Senior Financial Analyst, on the audit status, any significant changes in our planned audit scope or schedule and preliminary results or recommendations as they are developed. The audit liaison is responsible for regularly updating management and the governing body on these matters. We may AGENDA ITEM #6. c) also provide direct communication of these matters to management and the governing body as needed or upon request. Please contact us if any events or concerns come to your attention of which we should be aware. We will expect the audit liaison to keep us informed of any such matters. Audit Dispute Process Please contact the Audit Manager or Assistant Director to discuss any unresolved disagreements or concerns you have during the performance of our audit. At the conclusion of the audit, we will summarize the results at the exit conference. We will also discuss any significant difficulties or disagreements encountered during the audit and their resolution. By signing and returning this letter, you acknowledge that the foregoing is in accordance with your understanding. Please contact us with any questions. We appreciate the opportunity to be of service to you and look forward to working with you and your staff. Sincerely, Ngan Kim-Hoang Nguyen, CPA, CFE, Audit Manager [Date] Office of the Washington State Auditor City Response: This letter correctly sets forth our understanding. [Date] Armondo Pavone, Mayor [Date] Kari Roller, Finance Administrator 6/7/2023 AGENDA ITEM #6. c) AB - 3375 City Council Regular Meeting - 26 Jun 2023 SUBJECT/TITLE: Execute Grant Agreement with FAA for Design Services RECOMMENDED ACTION: Council Concur DEPARTMENT: Public Works Airport STAFF CONTACT: William Adams, Civil Engineer III EXT.: 206-775-6862 FISCAL IMPACT SUMMARY: The fiscal impact of the grant with the FAA for design/development services is not to exceed $1,660,999. The full amount of this grant will cover 90% of the cost of the services rendered in CAG -23-128 (Century West Engineering – Taxiway Alpha Reconstruction Design) which is $1,660,999. The full grant amount will be placed in Airport CIP Fund (422). SUMMARY OF ACTION: Through the Airport Improvement Program the FAA has awarded the City of Renton a grant to design the reconstruction of the Taxiway Alpha at the Renton Municipal Airport. The project calls for the reconstruction of Taxiway Alpha due to its excessive rutting and cracking and it will be built to withstand the weight of the new Boeing aircraft utilizing the taxiway. The Airport is already under contract with Century West Engineering for this design effort which City Council awarded the contract on April 3rd. Ce ntury West Engineering is estimated to complete the design by Q4 2023 and PW/Airport plans to put project out for bid for construction in Q1 of 2024. PW/Airport anticipates that the construction will begin in Q2 or Q3 of 2024 and continue until Q4 of 2025. EXHIBITS: A. Agreement STAFF RECOMMENDATION: Authorize the Mayor to execute the grant agreement with the FAA not to exceed $1,660,999. AGENDA ITEM #6. d) 3-53-0055-032-2023 1 U.S. Department of Transportation Federal Aviation Administration Airports Division Northwest Mountain Region Oregon, Washington Seattle Airports District Office: 2200 S 216th St Des Moines, WA 98198 {{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}} The Honorable Armondo Pavone Mayor, City of Renton 616 W Perimeter Rd Renton, WA 98057 Dear Mayor Pavone: The Grant Offer for Airport Improvement Program (AIP) Project No. 3-53-0055-032-2023 at Renton Municipal Airport is attached for execution. This letter outlines the steps you must take to properly enter into this agreement and provides other useful information. Please read the conditions, special conditions, and assurances that comprise the grant offer carefully. You may not make any modification to the text, terms or conditions of the grant offer. Steps You Must Take to Enter Into Agreement. To properly enter into this agreement, you must do the following: 1. The governing body must give authority to execute the grant to the individual(s) signing the grant, i.e., the person signing the document must be the sponsor’s authorized representative(s) (hereinafter “authorized representative”). 2. The authorized representative must execute the grant by adding their electronic signature to the appropriate certificate at the end of the agreement. 3. Once the authorized representative has electronically signed the grant, the sponsor‘s attorney(s) will automatically receive an email notification. 4. On the same day or after the authorized representative has signed the grant, the sponsor‘s attorney(s) will add their electronic signature to the appropriate certificate at the end of the agreement. 5. If there are co-sponsors, the authorized representative(s) and sponsor‘s attorney(s) must follow the above procedures to fully execute the grant and finalize the process. Signatures must be obtained and finalized no later than July 6, 2023. 6. The fully executed grant will then be automatically sent to all parties as an email attachment. Payment. Subject to the requirements in 2 CFR § 200.305 (Federal Payment), each payment request for reimbursement under this grant must be made electronically via the Delphi eInvoicing System. Please see the attached Grant Agreement for more information regarding the use of this System. Project Timing. The terms and conditions of this agreement require you to complete the project without undue delay and no later than the Period of Performance end date (1,460 days from the grant execution date). We will be monitoring your progress to ensure proper stewardship of these Federal funds. We June 12, 2023 AGENDA ITEM #6. d) 3-53-0055-032-2023 2 expect you to submit payment requests for reimbursement of allowable incurred project expenses consistent with project progress. Your grant may be placed in “inactive” status if you do not make draws on a regular basis, which will affect your ability to receive future grant offers. Costs incurred after the Period of Performance ends are generally not allowable and will be rejected unless authorized by the FAA in advance. Reporting. Until the grant is completed and closed, you are responsible for submitting formal reports as follows: • For all grants, you must submit by December 31st of each year this grant is open: 1. A signed/dated SF-270 (Request for Advance or Reimbursement for non-construction projects) or SF-271 or equivalent (Outlay Report and Request for Reimbursement for Construction Programs), and 2. An SF-425 (Federal Financial Report). • For non-construction projects, you must submit FAA Form 5100-140, Performance Report within 30 days of the end of the Federal fiscal year. • For construction projects, you must submit FAA Form 5370-1, Construction Progress and Inspection Report, within 30 days of the end of each Federal fiscal quarter. Audit Requirements. As a condition of receiving Federal assistance under this award, you must comply with audit requirements as established under 2 CFR Part 200. Subpart F requires non-Federal entities that expend $750,000 or more in Federal awards to conduct a single or program specific audit for that year. Note that this includes Federal expenditures made under other Federal-assistance programs. Please take appropriate and necessary action to ensure your organization will comply with applicable audit requirements and standards. Closeout. Once the project(s) is completed and all costs are determined, we ask that you work with your FAA contact indicated below to close the project without delay and submit the necessary final closeout documentation as required by your Region/Airports District Office. FAA Contact Information. Randal Anton, (206) 231-4136, Randal.Anton@faa.gov is the assigned program manager for this grant and is readily available to assist you and your designated representative with the requirements stated herein. We sincerely value your cooperation in these efforts and look forward to working with you to complete this important project. Sincerely, {{Sig_es_:signer1: signature}} Warren D. Ferrell Manager AGENDA ITEM #6. d) 3-53-0055-032-2023 3 U.S. Department of Transportation Federal Aviation Administration FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM FY 2023 Airport Improvement Program (AIP) GRANT AGREEMENT Part I - Offer Federal Award Offer Date {{DateTime_es_:signer1:calc(now()):format(date," mmmm d, yyyy")}} Airport/Planning Area Renton Municipal Airport, Washington FY2023 AIP Grant Number 3-53-0055-032-2023 (Contract Number: DOT-FA23NM-0074) Unique Entity Identifier UG2PSBS6UJJ3 TO: City of Renton (herein called the "Sponsor") FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application dated June 1, 2023, for a grant of Federal funds for a project at or associated with the Renton Municipal Airport, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Renton Municipal Airport (herein called the “Project”) consisting of the following: Reconstruct Taxiway A, including connector Taxiways A-1 through A-7 (phase 1-design); Reconstruct Taxiway A Lighting System (phase 1-design); which is more fully described in the Project Application. NOW THEREFORE, Pursuant to and for the purpose of carrying out the Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et seq., and 48103; FAA Reauthorization Act of 2018 (Public Law Number 115-254); the Department of Transportation Appropriations Act, 2021 (Public Law 116-260, Division L); the Consolidated Appropriations Act, 2022 (Public Law 117-103); Consolidated June 12, 2023 AGENDA ITEM #6. d) 3-53-0055-032-2023 4 Appropriations Act, 2023 (Public Law 117-328); and the representations contained in the Project Application; and in consideration of: (a) the Sponsor’s adoption and ratification of the Grant Assurances attached hereto; (b) the Sponsor’s acceptance of this Offer; and (c) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurance and conditions as herein provided; THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay ninety (90) percent of the allowable costs incurred accomplishing the Project as the United States share of the Project. Assistance Listings Number (Formerly CFDA Number): 20.106 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $1,660,999. The following amounts represent a breakdown of the maximum obligation for the purpose of establishing allowable amounts for any future grant amendment, which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b): $ 0 for planning; $ 1,660,999 airport development; and, $ 0 for land acquisition. 2. Grant Performance. This Grant Agreement is subject to the following Federal award requirements: a. Period of Performance: 1. Shall start on the date the Sponsor formally accepts this Agreement and is the date signed by the last Sponsor signatory to the Agreement. The end date of the Period of Performance is 4 years (1,460 calendar days) from the date of acceptance. The Period of Performance end date shall not affect, relieve, or reduce Sponsor obligations and assurances that extend beyond the closeout of this Grant Agreement. 2. Means the total estimated time interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions or budget periods. (2 Code of Federal Regulations (CFR) § 200.1). b. Budget Period: 1. For this Grant is 4 years (1,460 calendar days) and follows the same start and end date as the Period of Performance provided in paragraph (2)(a)(1). Pursuant to 2 CFR § 200.403(h), the Sponsor may charge to the Grant only allowable costs incurred during the Budget Period. 2. Means the time interval from the start date of a funded portion of an award to the end date of that funded portion during which the Sponsor is authorized to expend the funds awarded, including any funds carried forward or other revisions pursuant to 2 CFR § 200.308. AGENDA ITEM #6. d) 3-53-0055-032-2023 5 c. Close Out and Termination 1. Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incurred under this award no later than 120 calendar days after the end date of the period of performance. If the Sponsor does not submit all required closeout documentation within this time period, the FAA will proceed to close out the grant within one year of the Period of Performance end date with the information available at the end of 120 days. (2 CFR § 200.344). 2. The FAA may terminate this Grant, in whole or in part, in accordance with the conditions set forth in 2 CFR § 200.340, or other Federal regulatory or statutory authorities as applicable. 3. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. 4. Determining the Final Federal Share of Costs. The United States’ share of allowable project costs will be made in accordance with 49 U.S.C. § 47109, the regulations, policies, and procedures of the Secretary of Transportation (“Secretary”), and any superseding legislation. Final determination of the United States’ share will be based upon the final audit of the total amount of allowable project costs and settlement will be made for any upward or downward adjustments to the Federal share of costs. 5. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this Agreement, 49 U.S.C. Chapters 471 and 475, the regulations, and the Secretary’s policies and procedures. Per 2 CFR § 200.308, the Sponsor agrees to report and request prior FAA approval for any disengagement from performing the project that exceeds three months or a 25 percent reduction in time devoted to the project. The report must include a reason for the project stoppage. The Sponsor also agrees to comply with the grant assurances, which are part of this Agreement. 6. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor. 7. Offer Expiration Date. This offer will expire, and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before July 6, 2023, or such subsequent date as may be prescribed in writing by the FAA. 8. Improper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner for any project upon which Federal funds have been expended. For the purposes of this Grant Agreement, the term “Federal funds” means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All AGENDA ITEM #6. d) 3-53-0055-032-2023 6 settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal share require advance approval by the Secretary. 9. United States Not Liable for Damage or Injury. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this Grant Agreement. 10. System for Award Management (SAM) Registration and Unique Entity Identifier (UEI). a. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR § 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). b. Unique entity identifier (UEI) means a 12-character alpha-numeric value used to identify a specific commercial, nonprofit or governmental entity. A UEI may be obtained from SAM.gov at https://sam.gov/content/entity-registration. 11. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this Agreement electronically via the Delphi eInvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 12. Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter amendment to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. The FAA’s authority to increase the maximum obligation does not apply to the “planning” component of Condition No. 1, Maximum Obligation. The FAA can also issue an informal letter amendment that modifies the grant description to correct administrative errors or to delete work items if the FAA finds it advantageous and in the best interests of the United States. An informal letter amendment has the same force and effect as a formal grant amendment. 13. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this Grant Agreement. 14. Financial Reporting and Payment Requirements. The Sponsor will comply with all Federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 15. Buy American. Unless otherwise approved in advance by the FAA, in accordance with 49 U.S.C. § 50101, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project AGENDA ITEM #6. d) 3-53-0055-032-2023 7 for which funds are provided under this Grant. The Sponsor will include a provision implementing Buy American in every contract and subcontract awarded under this Grant. 16. Build America, Buy America. The Sponsor must comply with the requirements under the Build America, Buy America Act (Public Law 117-58). 17. Maximum Obligation Increase. In accordance with 49 U.S.C. § 47108(b)(3), as amended, the maximum obligation of the United States, as stated in Condition No. 1, Maximum Obligation, of this Grant Offer: a. May not be increased for a planning project; b. May be increased by not more than 15 percent for development projects if funds are available; c. May be increased by not more than the greater of the following for a land project, if funds are available: 1. 15 percent; or 2. 25 percent of the total increase in allowable project costs attributable to acquiring an interest in the land. If the Sponsor requests an increase, any eligible increase in funding will be subject to the United States Government share as provided in 49 U.S.C. § 47110, or other superseding legislation if applicable, for the fiscal year appropriation with which the increase is funded. The FAA is not responsible for the same Federal share provided herein for any amount increased over the initial grant amount. The FAA may adjust the Federal share as applicable through an informal letter of amendment. 18. Audits for Sponsors. PUBLIC SPONSORS. The Sponsor must provide for a Single Audit or program-specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse’s Internet Data Entry System at http://harvester.census.gov/facweb/. Upon request of the FAA, the Sponsor shall provide one copy of the completed audit to the FAA. Sponsors that expend less than $750,000 in Federal awards and are exempt from Federal audit requirements must make records available for review or audit by the appropriate Federal agency officials, State, and Government Accountability Office. The FAA and other appropriate Federal agencies may request additional information to meet all Federal audit requirements. 19. Suspension or Debarment. When entering into a “covered transaction” as defined by 2 CFR § 180.200, the Sponsor must: a. Verify the non-Federal entity is eligible to participate in this Federal program by: 1. Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non-Federal entity is excluded or disqualified; or 2. Collecting a certification statement from the non-Federal entity attesting they are not excluded or disqualified from participating; or 3. Adding a clause or condition to covered transactions attesting the individual or firm are not excluded or disqualified from participating. AGENDA ITEM #6. d) 3-53-0055-032-2023 8 b. Require prime contractors to comply with 2 CFR § 180.330 when entering into lower-tier transactions with their contractors and sub-contractors. c. Immediately disclose in writing to the FAA whenever (1) the Sponsor learns they have entered into a covered transaction with an ineligible entity or (2) the Public Sponsor suspends or debars a contractor, person, or entity. 20. Ban on Texting While Driving. a. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: i. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and ii. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. b. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts, and subcontracts funded with this Grant. 21. Trafficking in Persons. a. Posting of contact information. 1. The Sponsor must post the contact information of the national human trafficking hotline (including options to reach out to the hotline such as through phone, text, or TTY) in all public airport restrooms. b. Provisions applicable to a recipient that is a private entity. 1. You as the recipient, your employees, subrecipients under this Grant, and subrecipients’ employees may not: i. Engage in severe forms of trafficking in persons during the period of time that the Grant and applicable conditions are in effect; ii. Procure a commercial sex act during the period of time that the Grant and applicable conditions are in effect; or iii. Use forced labor in the performance of the Grant or any subgrants under this Grant. 2. We as the Federal awarding agency, may unilaterally terminate this Grant, without penalty, if you or a subrecipient that is a private entity – i. Is determined to have violated a prohibition in paragraph (a) of this Grant Condition; or AGENDA ITEM #6. d) 3-53-0055-032-2023 9 ii. Has an employee who is determined by the agency official authorized to terminate the Grant to have violated a prohibition in paragraph (a) of this Grant Condition through conduct that is either – a) Associated with performance under this Grant; or b) Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 2 CFR Part 1200. c. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this Grant, without penalty, if a subrecipient that is a private entity – 1. Is determined to have violated an applicable prohibition in paragraph (a) of this Grant Condition; or 2. Has an employee who is determined by the agency official authorized to terminate the Grant to have violated an applicable prohibition in paragraph (a) of this Grant Condition through conduct that is either – i. Associated with performance under this Grant; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, “OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),” as implemented by our agency at 2 CFR Part 1200. d. Provisions applicable to any recipient. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (a) of this Grant Condition. 2. Our right to terminate unilaterally that is described in paragraph (a) or (b) of this Grant Condition: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended [22 U.S.C. § 7104(g)], and ii. Is in addition to all other remedies for noncompliance that are available to us under this Grant. 3. You must include the requirements of paragraph (a) of this Grant Condition in any subgrant you make to a private entity. e. Definitions. For purposes of this Grant Condition: 1. “Employee” means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this Grant; or AGENDA ITEM #6. d) 3-53-0055-032-2023 10 ii. Another person engaged in the performance of the project or program under this Grant and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. 2. “Force labor” means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. “Private entity”: i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR § 175.25. ii. Includes: a) A nonprofit organization, including any nonprofit institute of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR § 175.25(b). b) A for-profit organization. 4. “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. § 7102). 22. Exhibit “A” Property Map. The Exhibit “A” Property Map dated June 1, 2022, is incorporated herein by reference or is submitted with the project application and made part of this Grant Agreement. 23. Employee Protection from Reprisal. a. Prohibition of Reprisals 1. In accordance with 41 U.S.C. § 4712, an employee of a Sponsor, grantee, subgrantee, contractor, or subcontractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub-paragraph (a)(2) below, information that the employee reasonably believes is evidence of: i. Gross mismanagement of a Federal grant; ii. Gross waste of Federal funds; iii. An abuse of authority relating to implementation or use of Federal funds; iv. A substantial and specific danger to public health or safety; or v. A violation of law, rule, or regulation related to a Federal grant. 2. Persons and bodies covered. The persons and bodies to which a disclosure by an employee is covered are as follows: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Federal employee responsible for contract or grant oversight or management at the relevant agency; AGENDA ITEM #6. d) 3-53-0055-032-2023 11 v. A court or grand jury; vi. A management official or other employee of the Sponsor, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct; or vii. An authorized official of the Department of Justice or other law enforcement agency. b. Investigation of Complaints. 1. Submission of Complaint. A person who believes that they have been subjected to a reprisal prohibited by paragraph (a) of this Condition may submit a complaint regarding the reprisal to the Office of Inspector General (OIG) for the U.S. Department of Transportation. 2. Time Limitation for Submittal of a Complaint. A complaint may not be brought under this subsection more than three years after the date on which the alleged reprisal took place. 3. Required Actions of the Inspector General. Actions, limitations, and exceptions of the Inspector General’s office are established under 41 U.S.C. § 4712(b). c. Remedy and Enforcement Authority. 1. Assumption of Rights to Civil Remedy. Upon receipt of an explanation of a decision not to conduct or continue an investigation by the OIG, the person submitting a complaint assumes the right to a civil remedy under 41 U.S.C. § 4712(c)(2). 24. Prohibited Telecommunications and Video Surveillance Services and Equipment. The Sponsor agrees to comply with mandatory standards and policies relating to use and procurement of certain telecommunications and video surveillance services or equipment in compliance with the National Defense Authorization Act [Public Law 115-232 § 889(f)(1)] and 2 CFR § 200.216. 25. Critical Infrastructure Security and Resilience. The Sponsor acknowledges that it has considered and addressed physical and cybersecurity and resilience in their project planning, design, and oversight, as determined by the DOT and the Department of Homeland Security (DHS). For airports that do not have specific DOT or DHS cybersecurity requirements, the FAA encourages the voluntary adoption of the cybersecurity requirements from the Transportation Security Administration and Federal Security Director identified for security risk Category X airports. SPECIAL CONDITIONS 26. Design Grant. This Grant Agreement is being issued in order to complete the design of the project. The Sponsor understands and agrees that within 2 years after the design is completed that the Sponsor will accept, subject to the availability of the amount of Federal funding identified in the Airport Capital Improvement Plan (ACIP), a grant to complete the construction of the project in order to provide a useful and useable unit of work. The Sponsor also understands that if the FAA has provided Federal funding to complete the design for the project, and the Sponsor has not completed the design within four (4) years from the execution of this Grant Agreement, the FAA may suspend or terminate grants related to the design. 27. Buy American Executive Orders. The Sponsor agrees to abide by applicable Executive Orders in effect at the time this Grant Agreement is executed, including Executive Order 14005, Ensuring the Future Is Made in All of America by All of America’s Workers. AGENDA ITEM #6. d) 3-53-0055-032-2023 12 28. Grant Approval Based Upon Certification. The FAA and the Sponsor agree that the FAA approval of this grant is based on the Sponsor’s certification to carry out the project in accordance with policies, standards, and specifications approved by the FAA. The Sponsor Certifications received from the Sponsor for the work included in this grant are hereby incorporated into this grant agreement. The Sponsor understands that: a. The Sponsor’s certification does not relieve the Sponsor of the requirement to obtain prior FAA approval for modifications to any AIP standards or to notify the FAA of any limitations to competition within the project; b. The FAA’s acceptance of a Sponsor’s certification does not limit the FAA from reviewing appropriate project documentation for the purpose of validating the certification statements; If the FAA determines that the Sponsor has not complied with their certification statements, the FAA will review the associated project costs to determine whether such costs are allowable under AIP. AGENDA ITEM #6. d) 3-53-0055-032-2023 13 The Sponsor’s acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, constituting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the Grant Assurances, terms, and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor’s acceptance of this Offer. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.1 UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION {{Sig_es_:signer1:signature:dimension(height=12mm, width=70mm}} (Signature) {{N_es_:signer1:fullname }} Warren D. Ferrell {{*Ttl_es_:signer1:title }} Manager, Seattle Airports District Office 1 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. Warren Ferrell Manager, Seattle Airports District Office AGENDA ITEM #6. d) 3-53-0055-032-2023 14 Part II - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer and does hereby accept this Offer and by such acceptance agrees to comply with all of the Grant Assurances, terms, and conditions in this Offer and in the Project Application. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.2 Dated {{DateTime_es_:signer2:calc(now()):format(date," mmmm d, yyyy")}} City of Renton (Name of Sponsor) {{Sig_es_:signer2:signature:dimension(height=12mm, width=70mm}} (Signature of Sponsor’s Authorized Official) By: {{N_es_:signer2:fullname }} (Typed Name of Sponsor’s Authorized Official) Title: {{*Ttl_es_:signer2:title }} (Title of Sponsor’s Authorized Official) 2 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. AGENDA ITEM #6. d) 3-53-0055-032-2023 15 CERTIFICATE OF SPONSOR’S ATTORNEY I, {{N_es_:signer3: fullname}}, acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Washington. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor’s official representative, who has been duly authorized to execute this Grant Agreement, which is in all respects due and proper and in accordance with the laws of the said State; and Title 49, United States Code (U.S.C.), Chapters 471 and 475; 49 U.S.C. §§ 40101 et seq., and 48103; FAA Reauthorization Act of 2018 (Public Law Number 115-254); the Department of Transportation Appropriations Act, 2021 (Public Law 116-260, Division L); the Consolidated Appropriations Act, 2022 (Public Law 117-103); Consolidated Appropriations Act, 2023 (Public Law 117- 328); and the representations contained in the Project Application. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. If you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time. I declare under penalty of perjury that the foregoing is true and correct.3 Dated at {{DateTime_es_:signer3:calc(now()):format(date," mmmm d, yyyy")}} By: {{Sig_es_:signer3:signature:dimension(height=12mm, width=70mm}} (Signature of Sponsor’s Attorney) 3 Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. § 1001 (False Statements) and could subject you to fines, imprisonment, or both. AGENDA ITEM #6. d) 3-53-0055-032-2023 Airport Sponsor Assurances 5/2022 Page 1 of 21 ASSURANCES AIRPORT SPONSORS A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public-use airport; the term "private sponsor" means a private owner of a public-use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this 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 this 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 this Grant Agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 23, 25, 30, 32, 33, 34, and 37 in Section C apply to planning projects. The terms, conditions, and assurances of this Grant Agreement shall remain in full force and effect during the life of the project; there shall be no limit on the AGENDA ITEM #6. d) 3-53-0055-032-2023 Airport Sponsor Assurances 5/2022 Page 2 of 21 duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. 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 Grant including but not limited to the following: FEDERAL LEGISLATION a. 49, U.S.C., subtitle VII, as amended. b. Davis-Bacon Act, as amended — 40 U.S.C. §§ 3141-3144, 3146, and 3147, et seq.1 c. Federal Fair Labor Standards Act - 29 U.S.C. § 201, et seq. d. Hatch Act – 5 U.S.C. § 1501, et seq.2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601, et seq.1, 2 f. National Historic Preservation Act of 1966 – Section 106 - 54 U.S.C. § 306108.1.1 g. Archeological and Historic Preservation Act of 1974 - 54 U.S.C. § 312501, et seq.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section § 3001, et seq. i. Clean Air Act, P.L. 90-148, as amended - 42 U.S.C. § 7401, et seq. j. Coastal Zone Management Act, P.L. 92-583, as amended - 16 U.S.C. § 1451, et seq. k. Flood Disaster Protection Act of 1973 – Section 102(a) - 42 U.S.C. § 4012a.1 l. 49 U.S.C. § 303, (formerly known as Section 4(f)). m. Rehabilitation Act of 1973 - 29 U.S.C. § 794. n. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin). o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.) (prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 - 42 U.S.C. § 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968, as amended - 42 U.S.C. § 4151, et seq.1 s. Powerplant and Industrial Fuel Use Act of 1978 – Section 403 - 42 U.S.C. § 8373.1 t. Contract Work Hours and Safety Standards Act - 40 U.S.C. § 3701, et seq.1 u. Copeland Anti-kickback Act - 18 U.S.C. § 874.1 v. National Environmental Policy Act of 1969 - 42 U.S.C. § 4321, et seq.1 AGENDA ITEM #6. d) 3-53-0055-032-2023 Airport Sponsor Assurances 5/2022 Page 3 of 21 w. Wild and Scenic Rivers Act, P.L. 90-542, as amended – 16 U.S.C. § 1271, et seq. x. Single Audit Act of 1984 - 31 U.S.C. § 7501, et seq.2 y. Drug-Free Workplace Act of 1988 - 41 U.S.C. §§ 8101 through 8105. z. The Federal Funding Accountability and Transparency Act of 2006, as amended (P.L. 109-282, as amended by section 6202 of P.L. 110-252). aa. Civil Rights Restoration Act of 1987, P.L. 100-259. bb. Build America, Buy America Act, P.L. 117-58, Title IX. EXECUTIVE ORDERS a. Executive Order 11246 – Equal Employment Opportunity1 b. Executive Order 11990 – Protection of Wetlands c. Executive Order 11998 – Flood Plain Management d. Executive Order 12372 – Intergovernmental Review of Federal Programs e. Executive Order 12699 – Seismic Safety of Federal and Federally Assisted New Building Construction1 f. Executive Order 12898 – Environmental Justice g. Executive Order 13166 – Improving Access to Services for Persons with Limited English Proficiency h. Executive Order 13985 – Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government i. Executive Order 13988 – Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation j. Executive Order 14005 – Ensuring the Future is Made in all of America by All of America’s Workers k. Executive Order 14008 – Tackling the Climate Crisis at Home and Abroad FEDERAL REGULATIONS a. 2 CFR Part 180 – OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.4, 5 c. 2 CFR Part 1200 – Nonprocurement Suspension and Debarment. d. 14 CFR Part 13 – Investigative and Enforcement Procedures. e. 14 CFR Part 16 – Rules of Practice For Federally-Assisted Airport Enforcement Proceedings. f. 14 CFR Part 150 – Airport Noise Compatibility Planning. g. 28 CFR Part 35 – Nondiscrimination on the Basis of Disability in State and Local Government Services. AGENDA ITEM #6. d) 3-53-0055-032-2023 Airport Sponsor Assurances 5/2022 Page 4 of 21 h. 28 CFR § 50.3 – U.S. Department of Justice Guidelines for the Enforcement of Title VI of the Civil Rights Act of 1964. i. 29 CFR Part 1 – Procedures for Predetermination of Wage Rates.1 j. 29 CFR Part 3 – Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States.1 k. 29 CFR Part 5 – Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act).1 l. 41 CFR Part 60 – Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and Federally-assisted contracting requirements).1 m. 49 CFR Part 20 – New Restrictions on Lobbying. n. 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. o. 49 CFR Part 23 – Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24 – Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally-Assisted Programs.1 2 q. 49 CFR Part 26 – Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. r. 49 CFR Part 27 – Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance.1 s. 49 CFR Part 28 – Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Transportation. t. 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. u. 49 CFR Part 32 – Governmentwide Requirements for Drug-Free Workplace (Financial Assistance). v. 49 CFR Part 37 – Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 38 – Americans with Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles. x. 49 CFR Part 41 – Seismic Safety. FOOTNOTES TO ASSURANCE (C)(1) 1 These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 2 CFR Part 200 contains requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation shall apply where applicable to private sponsors receiving Federal assistance under Title 49, United States Code. 4 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. AGENDA ITEM #6. d) 3-53-0055-032-2023 Airport Sponsor Assurances 5/2022 Page 5 of 21 5 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits. SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this 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 this 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 to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this 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 this 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 AGENDA ITEM #6. d) 3-53-0055-032-2023 Airport Sponsor Assurances 5/2022 Page 6 of 21 performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. Subject to the FAA Act of 2018, Public Law 115-254, Section 163, 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 this 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 this 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 property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non- compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with Title 49, United States Code, the regulations and the terms, conditions and assurances in this Grant Agreement and shall ensure that such arrangement also requires compliance therewith. g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of AGENDA ITEM #6. d) 3-53-0055-032-2023 Airport Sponsor Assurances 5/2022 Page 7 of 21 residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11. Pavement Preventive Maintenance-Management. 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 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 49 U.S.C. § 44706, and all the security AGENDA ITEM #6. d) 3-53-0055-032-2023 Airport Sponsor Assurances 5/2022 Page 8 of 21 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 this Grant, the total cost of the project in connection with which this 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 this 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 this 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 this Grant Agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor under 40 U.S.C. §§ 3141-3144, 3146, and 3147, Public Building, Property, and Works), 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 this 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 Vietnam era veterans, Persian Gulf veterans, Afghanistan-Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in 49 U.S.C. § 47112. 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 plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this Grant Agreement. AGENDA ITEM #6. d) 3-53-0055-032-2023 Airport Sponsor Assurances 5/2022 Page 9 of 21 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, State and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere AGENDA ITEM #6. d) 3-53-0055-032-2023 Airport Sponsor Assurances 5/2022 Page 10 of 21 with its use for airport purposes. It will suitably 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 pilots of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood, or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to: AGENDA ITEM #6. d) 3-53-0055-032-2023 Airport Sponsor Assurances 5/2022 Page 11 of 21 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. c. Each fixed-based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed- based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non-tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non-tenants and signatory carriers and non-signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees (including, but not limited to maintenance, repair, and fueling) that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the AGENDA ITEM #6. d) 3-53-0055-032-2023 Airport Sponsor Assurances 5/2022 Page 12 of 21 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, 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. The following exceptions apply to this paragraph: 1. If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all AGENDA ITEM #6. d) 3-53-0055-032-2023 Airport Sponsor Assurances 5/2022 Page 13 of 21 revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor’s acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at 49 U.S.C. § 47102), if the FAA determines the airport sponsor meets the requirements set forth in Section 813 of Public Law 112-95 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 49 U.S.C. § 47107. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this 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 AGENDA ITEM #6. d) 3-53-0055-032-2023 Airport Sponsor Assurances 5/2022 Page 14 of 21 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: 1. all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2. 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 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. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, 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; AGENDA ITEM #6. d) 3-53-0055-032-2023 Airport Sponsor Assurances 5/2022 Page 15 of 21 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; 3. the location of all existing and proposed non-aviation areas and of all existing improvements thereon; and 4. all proposed and existing access points used to taxi aircraft across the airport’s property boundary. Such airport layout plans and each amendment, revision, or modification thereof, shall 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. Subject to the FAA Reauthorization Act of 2018, Public Law 115-254, Section 163, 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 except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary’s design standards beyond the control of the airport sponsor. 30. Civil Rights. It will promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, color, and national origin (including limited English proficiency) in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4); creed and sex (including sexual orientation and gender identity) per 49 U.S.C. § 47123 and related requirements; age per the Age Discrimination Act of 1975 and related requirements; or disability per the Americans with Disabilities Act of 1990 and related requirements, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any program and activity conducted with, or benefiting from, funds received from this Grant. AGENDA ITEM #6. d) 3-53-0055-032-2023 Airport Sponsor Assurances 5/2022 Page 16 of 21 a. Using the definitions of activity, facility, and program as found and defined in 49 CFR §§ 21.23(b) and 21.23(e), the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non- discrimination requirements imposed by or pursuant to these assurances. b. Applicability 1. Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor’s program or activities, these requirements extend to all of the sponsor’s programs and activities. 2. Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter, or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3. Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance 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: 1. So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2. So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this Grant Agreement and in all proposals for agreements, including airport concessions, regardless of funding source: “The (City of Renton), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, [select businesses, or disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award.” e. Required Contract Provisions. AGENDA ITEM #6. d) 3-53-0055-032-2023 Airport Sponsor Assurances 5/2022 Page 17 of 21 1. It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non- discrimination in Federally-assisted programs of the Department of Transportation (DOT), and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally-assisted programs of the DOT acts and regulations. 2. It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3. It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a sponsor. 4. It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a. For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub- recipients, sub-grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, 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 be, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: AGENDA ITEM #6. d) 3-53-0055-032-2023 Airport Sponsor Assurances 5/2022 Page 18 of 21 1. Reinvestment in an approved noise compatibility project; 2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. § 47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. 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, upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: 1. Reinvestment in an approved noise compatibility project; 2. Reinvestment in an approved project that is eligible for grant funding under 49 U.S.C. § 47117(e); 3. Reinvestment in an approved airport development project that is eligible for grant funding under 49 U.S.C. §§ 47114, 47115, or 47117 4. Transfer to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport; or 5. Payment to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport AGENDA ITEM #6. d) 3-53-0055-032-2023 Airport Sponsor Assurances 5/2022 Page 19 of 21 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. If any phase of such project has received Federal funds under Chapter 471 subchapter 1 of Title 49 U.S.C., 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 in the same manner as a contract for architectural and engineering services is negotiated under Chapter 11 of Title 40 U.S.C., 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 any project funded under an Airport Improvement Program Grant in accordance with policies, standards, and specifications approved by the Secretary including, but not limited to, current FAA Advisory Circulars (https://www.faa.gov/airports/aip/media/aip-pfc-checklist.pdf) for AIP projects as of June 1, 2023. 35. Relocation and Real Property Acquisition. a. 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. b. It will provide a relocation assistance program offering the services described in Subpart C of 49 CFR Part 24 and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. c. 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. AGENDA ITEM #6. d) 3-53-0055-032-2023 Airport Sponsor Assurances 5/2022 Page 20 of 21 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 sponsor shall not discriminate on the basis of race, color, national origin, or sex, in the award and performance of any DOT-assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its Disadvantaged Business Enterprise (DBE) and Airport Concessions Disadvantaged Business Enterprise (ACDBE) programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT- assisted contracts, and/or concession contracts. The sponsor’s DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 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. §§ 3801-3809, 3812). 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 49 U.S.C. § 47102) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that: 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. AGENDA ITEM #6. d) 3-53-0055-032-2023 Airport Sponsor Assurances 5/2022 Page 21 of 21 AGENDA ITEM #6. d) AB - 3374 City Council Regular Meeting - 26 Jun 2023 SUBJECT/TITLE: LAG-21-005 Amendment 3 - New Playground Area RECOMMENDED ACTION: Council Concur DEPARTMENT: Public Works Facilities Division STAFF CONTACT: Jeff Minisci, Facilities Director EXT.: 6643 FISCAL IMPACT SUMMARY: This amendment does not have a fiscal impact to the city. All improvements will be funded by the Tenant. The amendment does also swap some responsibilities for maintenace between the parties but does not increase the cost to the city. SUMMARY OF ACTION: City authorizes Day 1 Academies, dba Bezos Academy to construct an age -appropriate playground in the outdoor portion of the premises along with associated improvements to fence and play surface. Tenant has license by MOU with the Renton School District t o use the Meadow Crest playground. However, in the MOU, Tenant’s access times to Meadow Crest may be unilaterally changed by the City or RSD. The parties wish to ensure that Tenant has access to provide appropriate recreation space for its students to ma intain licensure and delivery the tuition-free education and services, and to improve the experience of tenant’s students, even where schedule changes pursuant to the MOU limit access. By authorizing this amendment, tenant agrees to construct an age-appropriate playground and perform associated improvements such as installation of a fence and appropriate play surface to ensure accreditation with the state. EXHIBITS: A. LAG-21-005 Amendment 3 STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to execute amendment 3 with Day 1 Academies, dba Bezos Academy. AGENDA ITEM #6. e) Third Amendment to Lease Agreement LAG-21-005 This Third Amendment to the Lease Agreement (“Amendment”) is entered into ____________, 20___ (“Effective Date of Amendment”) between Day 1 Academies, dba Bezos Academy, a Delaware nonprofit nonstock corporation (“Tenant”), and the City of Renton, a municipal government entity (“Landlord”) (collectively, “Parties”). RECITALS 1. The Parties entered Lease LAG-21-005 effective June 15, 2021 and subsequently amended the Lease with two amendments dated August 13, 2021 and June 16, 2022 (collectively the “Lease”). Capitalized terms used, but not defined, in this Amendment have the meanings set forth in the Lease. 2. Tenant is a nonprofit organization that provides Tuition-Free Education and Services (as defined in the Lease) to children around three (3) to five (5) years of age. Tenant provides the Tuition-Free Education and Services to children who otherwise cannot receive a preschool education because their families cannot afford it. 3. Tenant requires age-appropriate recreation space for use of its students. Landlord and the Renton School District jointly operate the Meadow Crest Playground facilities adjacent to the Premises pursuant to an interlocal agreement. Landlord and the Renton School District have separately agreed, prior to or concurrently with this Amendment, to grant Tenant a license to use Meadow Crest Playground, pursuant to a Memorandum of Understanding (the “MOU”). However, in the MOU, Tenant’s access times to Meadow Crest Playground may be unilaterally changed by the City or RSD, subject to the terms and conditions set forth therein. 4. The Parties wish to ensure that Tenant has access to appropriate recreation space for its students to ensure its ability to maintain licensure and deliver the Tuition-Free Education and Services, and to improve the experience of Tenant’s students, even where schedule changes pursuant to the MOU limit access to Meadow Crest Playground, or where the MOU is terminated for any reason. 5. The purpose of this Amendment is to (i) amend the definition of the “Premises” under the Lease to include additional outdoor space, (ii) expressly authorize Tenant to construct a new playground in the added outdoor space, and (iii) make certain other changes to the terms and conditions of the Lease as are mutually agreeable to the Parties, such as (A) clarifying that the Premises may be exclusively used for or in support of Tenant’s charitable purposes, (B) extending the Termination Date by two months to better align with Tenant’s school year, (C) clarifying that the Landlord will take on inspection, repair and maintenance of the Mini-Splits in exchange for Tenant taking on all responsibility for their waste removal, and (D) clarifying certain provisions within Exhibit E (Shared Services) of the Lease including clarifying that the Landlord will provide emergency lighting and carbon monoxide checks in exchange for the City not-prioritizing the “Premises” snow removal over other City priorities with no guarantee that snow removal will take place prior to school hours. AGENDA ITEM #6. e) 2 AGREEMENT Landlord and Tenant agree as follows: 1. Amendment of Premises. Section 1.1 of the Lease is amended and restated in its entirety as follows (for ease of reference only, added or modified language is in bold and underlined): 1.1 Premises and Property. Landlord leases to Tenant the “Premises” “As-Is,” which consists of an agreed area of approximately: (i) 4,603 rentable square feet in the Building, (ii) 275 rentable square feet within a *storage room, (iii) 785.72 square feet for the outdoor picket fence area, (iv) 4,148 square feet for the playground area, and (v) the dumpster enclosure area all as outlined on attached Exhibit A-3, located on the land legally described on attached Exhibit B, and is commonly known as North Highlands Neighborhood Center. The Premises does not include, and Landlord reserves, the exterior walls and roof of the Premises, the land beneath the Premises, the pipes and ducts, conduits, wires, fixtures, equipment above the suspended ceiling, and structural elements of the building in which the Premises are located (the “Building”). The Building, the land upon which it is situated, all other improvements located on such land, and all common areas appurtenant to the Building are referred to as the “Property”. *Storage Room: The Landlord reserves the right to enter the storage space as needed 24/7 to access electrical and fire panels. The Landlord has marked off the minimum clear working space in front of electric equipment such as switchboards, control panels, switches, circuit breakers, motor controllers, relays, and similar equipment. Tenant Items stored in the storage room must stay outside of the marked-off area. Landlord will direct any personnel accessing the storage space to reasonably identify themselves to Tenant’s staff if requested (e.g., with a City issued ID, badge, uniform, etc.). Any other access to the Premises by Landlord is subject to Section 8 of the Lease. 2. Amendment of Outline of the Premises. As of the date of Amendment No 3, Exhibit A to the Lease (Outline of the Premises (including outdoor areas)) is hereby replaced by Exhibit A-3 (Revised Outline of the Premises (including outdoor areas)) attached to this Amendment. All references to Exhibit A in the Lease are deemed references to Exhibit A-3 attached to this Amendment. 3. Authorization to Construct New Playground. For the avoidance of doubt, and for purposes of clarifying Section 2 of the Lease, Landlord hereby expressly authorizes Tenant to construct an age- appropriate playground in the outdoor portion of the Premises added by this Amendment, together with associated improvements such as installation of a fence and appropriate play surface (the “New Playground”) as set forth in added Exhibit A-3. Playground space is provided “AS-IS.” Tenant is responsible for constructing the New Playground in accordance with all applicable laws and legal requirements, including, without limitation, prevailing wage laws to the extent applicable. The construction of the New Playground will be at Tenant’s sole cost and expense. Tenant is responsible for all permits needed. Landlord will cooperate with Tenant as needed to facilitate such construction. Landlord will provide available records about the location of irrigation system, utilities, environmental, and etc. Tenant AGENDA ITEM #6. e) 3 is responsible for all utility locates prior to construction. Tenant must comply with the noted requirements on Exhibit A-3 including but not limited to: (i) Retain removable ten-foot (10’) panel in existing fence. (ii) Install six-foot (6’) tall fence with concrete mow curb posts to land on curb. (iii) Install one (1) eight-foot (8’) wide gate in new section of playground area fence, with entry from parking lot. (iv) Fabric required on existing fence to eliminate 3.75” as needed under WAC 110-300- 0145. (Fence fabric will be independent on the removable fence panel from the rest of the fence fabric) (v) Existing trees to be retained and used for shade. Any subterranean work will take place outside of the drip line of the trees including concrete ‘Trike Track.’ (vi) Existing grass to remain and be maintained by tenant. (vii) Underground irrigation infrastructure playground outdoor space: a. All sprinkler work to be confirmed with Parks Department prior to work commencing b. Tenant to revise sprinkler main (if needed) so it does not run under the Trike Track. c. Tenant to modify existing sprinkler heads on both sides of fence as required. d. Irrigation will not be activated in playground outdoor space. (viii) Eliminate parking stall for child safety striping to be added – if needed* (ix) Eliminate existing parking space for safety by dumpster – if needed* (x) NE outer fence exclude irrigation facility control *The Landlord (Facilities and Parks) agrees for child safety purposes, if needed, to lose /eliminate one parking stall by Tenant for safety by the dumpster area per Exhibit E-3. However, if parking spaces are needed to be removed, it must be made as an exception by the City's Permit Department (CED) in the permitting process. 4. Two-Month Extension of Termination Date. Section 1.4 Commencement, Option to Extend, and Termination of the Lease is amended and restated in its entirety as follows (for ease of reference only, added or modified language is in bold underline and strike through, as applicable): 1.4 Commencement, Option to Extend, and Termination. The Lease commences on the Effective Date (the “Commencement Date”) and terminates at 11:59 p.m. on August 31, 2036 June 30, 2036 (the “Termination Date”). The Parties may agree in writing to extend the lease for additional terms (a “Renewal Term”). Landlord shall deliver vacant possession of the Premises in broom clean condition to Tenant with keys and all utilities in working order ready for Tenant to Commence Tenant’s Work (defined below). Additionally, Tenant shall have the right to terminate this Lease before the scheduled termination date (as the same may be extended) by giving at least ninety (90) days’ advance written notice to Landlord. The Parties agree to meet and confer to discuss extending this Lease at least one year prior to the Termination Date. If Tenant remains in possession of the Premises after any termination of this Lease, such possession by Tenant shall be deemed to be a month to-month tenancy (the “Holdover Term”). All provisions of this Lease shall apply to any Renewal Term and the Holdover Term. AGENDA ITEM #6. e) 4 The Initial Term, any Renewal Term, and any Holdover Term are collectively referred to as the “Term.” 5. Use of Premises only for Tuition-Free Education and Services. Section 1.6 of the Lease is amended and restated in its entirety as follows (for ease of reference only, added or modified language is in bold underline): 1.6 Exclusive Use for Tuition-Free Education and Services. Tenant will have access and exclusive use of the Premises for the operation of a preschool and for other related lawful purposes (including but not limited to preparation of food) seven (7) days per week, twenty-four (24) hours per day, subject to Landlord’s performance of maintenance, repairs, and inspections to the Premises as provided in this Lease. Unless separately authorized in writing by Landlord, Tenant shall use the Premises only for purposes and activities that are in furtherance of Tenant’s charitable purpose, namely providing Tuition-Free Education and Services to children of families meeting Tenant’s income criteria. Such criteria are targeted to serve children whose families otherwise cannot afford to provide a preschool education. In the event Tenant discontinues using the Premises to provide such services (beyond temporary closures beyond Tenant’s control and lasting less than 12 months), Landlord may treat the same as a default of the Lease and take such remedies as are otherwise provided in the Lease. 6. Parking. Section 1.7 Parking of the Lease is amended and restated in its entirety as follows (for ease of reference only, added or modified language is in bold underline and strike through, as applicable): 1.7. Parking. Landlord shall provide Tenant with the use of seven adjoining parking stalls in the parking lot located on the Property, as outlined on Exhibit D, which parking stalls are not part of the Premises but are reserved for the exclusive use of Tenant and its employees, agents, contractors, guests and invitees during scheduled school hours 8:00 AM – 5:00 PM Monday through Friday excluding Holidays. Tenant may Landlord will mark the stalls or install placards to indicate that the stalls are reserved. 7. Leasehold Excise Tax Exemption. Section 3 of the Lease is hereby amended and restated in its entirety as follows (for ease of reference only, added or modified language is in bold underline and strike through, as applicable): 3. Utilities; Taxes. Landlord shall provide the following services to the Premises: water, electricity, sewer, and heating and ventilation for the Premises seven (7) days per week, twenty-four (24) hours per day. Landlord shall be responsible for paying any and all property taxes for the Property, except Leasehold Excise Tax. Provided, the Parties acknowledge and agree that as a non-profit early learning provider, Tenant is exempt from leasehold excise tax under RCW 84.36.040. Tenant will obtain and maintain an exemption certificate from the Washington Department of Revenue (including filing any required renewals) and provide a current copy to Landlord on a yearly basis upon reasonable request . Tenant shall pay the cost of water, electricity, heating, and ventilation supplied exclusively to the Premises. Landlord shall use a reasonable method to allocate the proportionate costs to Tenant, and Tenant shall reimburse Landlord on a monthly basis upon receipt of an invoice from Landlord. Utilities will be based upon Tenant's percentage square footage used in the Building. The percentages as of the Third Amendment to this Lease are Tenant 54.43% and the City/Landlord 45.57% %, these amounts are subject to change based upon future amendments if the amendments affect the AGENDA ITEM #6. e) 5 percentage of the Building leased exclusively to Tenant. Tenant shall furnish and pay, at Tenant's sole expense, all other utilities (including, but not limited to, telephone, cable and internet service if available) and other services which Tenant requires with respect to the Premises. 8. Section 6/ Repairs and Maintenance; Surrender. Section 6 (Repairs and Maintenance; Surrender) of the Lease is hereby amended and restated in its entirety as follows (for ease of reference only, added or modified language is in bold underlined and strike through, as applicable): 6. Repairs and Maintenance; Surrender. Tenant shall, at its sole expense, maintain the Premises in good condition and promptly make all non-structural repairs and replacements necessary to keep the Premises safe and in good condition. Landlord shall, at its sole expense, maintain in good condition, repair and replace as necessary the existing Building structure, heating and ventilation systems, plumbing, foundation, slab, flashings, exterior walls, roof (including roof membrane, roof decking, roof gutters and drains), all utilities and other systems serving the Premises, and the Common Areas (including parking and playground areas located on the Property). In exchange for Tenant providing the Waste Removal as set forth in Exhibit E-3, Landlord agrees to take over the maintenance and repair of the six (6) mirage mini-splits on the following terms and conditions: (i) Until the Waste Removal handover date on September 1, 2023, Tenant will continue to inspect, maintain, and repair the six (6) mirage mini-splits system not less than quarterly. (ii) The mini-splits will be “As-Is” going forward. (iii) The Landlord will not and does not guarantee that the system of the boiler and the mini-splits is adequate to maintain the cooling or heating needs of the Premises for any comfort or certification/accreditation purposes as the mini-split additions were designed, acquired and installed by Tenant as a Tenant Improvement and not the Landlord. (iv) The Landlord also does not agree to install any additional mini-splits or different heating and cooling units or fixtures to or for the premises. (v) Landlord will inspect, maintain, and repair the six (6) mirage mini-splits system not less than quarterly. Landlord is not / will not provide the following services: (i) day-to-day service, which includes but is not limited to picture hanging, wall repair, painting, plumbing (for instance, clogged toilets or leaking sinks), or (ii) other handyperson services to the Premises not otherwise included in its structural or other maintenance, repair, and replacement obligations set forth in this paragraph. (iii) Landlord is not responsible for installation, inspection, maintenance or repair of the Tenant playground equipment or facilities. AGENDA ITEM #6. e) 6 Tenant shall not, however, be responsible for any repairs to the Premises made necessary by the negligence or willful misconduct of Landlord or its agents, employees, contractors or invitees. Landlord shall be responsible, throughout the Lease term, for ensuring that the Building (excluding the Premises) and the Common Areas comply with all applicable laws, including but not limited to the ADA, whether existing as of the Effective Date or as enacted, supplemented or modified from time to time. Upon expiration of the Lease term or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord in as is condition as thereafter improved by Alterations, reasonable wear and tear and casualty excepted. If maintenance or landscaping of the outdoor portion of the Premises is handled by Landlord’s employees and/or covered by an existing contract with a service provider as of the Effective Date, Landlord shall continue to be responsible for landscaping of the outdoor portion of the Premises throughout the Lease term; otherwise, Tenant shall be responsible for the cost of landscaping of such portion. 9. Services - Amendment of Shared Services Exhibit-E. Exhibit E (Shared Services) referenced in Section 7 (Services) to the Lease (the “Shared Services Exhibit”) is hereby replaced in its entirety by Exhibit E-3 (Revised Shared Services) attached to this Amendment. From and after the Effective Date of this Amendment, references to “Exhibit E” in the Lease are deemed references to Exhibit E-3 of this Amendment. 10. Waiver of RCW 51 Immunity. Section 12 of the Lease is hereby amended and restated in its entirety as follows (for ease of reference only, added or modified language is in bold underline and strike through, as applicable): 12. Mutual Indemnification. Each Party (as “Indemnifying Party”) shall indemnify, hold harmless, and defend the other party and its managers, officers, directors, employees, and agents (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, that are incurred by the Indemnified Party (collectively, “Losses”) related to any third-party claim arising out of the Indemnifying Party’s or the Indemnifying Party’s personnel’s (a) negligence or willful misconduct in connection with this agreement Lease; or (b) breach of this agreement Lease. It is further specifically and expressly understood that the indemnification provided in this Lease constitutes Bezos Academy and the City’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. Bezos Academy and Landlord have mutually negotiated and agreed to this waiver. 11. Amendment and Restatement. The Parties may mutually elect to amend and restate the Lease to incorporate all existing amendments to the terms and conditions of the Lease into a single document, for their mutual convenience. Neither Party is obligated to agree to such an amendment and restatement. 12. Full Force and Effect. Except as expressly amended in this Amendment, the terms and conditions of the Lease remain in full force and effect without modification [Signature Page Follows] AGENDA ITEM #6. e) AGENDA ITEM #6. e) 8 STATE OF WASHINGTON ) )SS COUNTY OF ___________ ) On this ______ day of _____________, 20___, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Armondo Pavone to me known to be the person (s) who signed as THE MAYOR of CITY OF RENTON, the Washington municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be his free and voluntary act and deed and the free and voluntary act and deed of said Washington municipal corporation for the uses and purposes therein mentioned; and on oath stated that he was authorized to execute the said instrument on behalf of said Washington municipal corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. _____________________________ (Signature of Notary) ______________________________ (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at ____________________________ My Appointment Expires: ____________ AGENDA ITEM #6. e) AGENDA ITEM #6. e) 10 EXHIBIT A-3 Revised Outline of the Premises (including outdoor areas) See Attached AGENDA ITEM #6. e) FABRIC REQUIRED ON FENCE TO ELIMINATE 3.75” GAP EXISTING TREES TO BE MAINTAINED AND USED FOR SHADE. EXISTING GRASS TO REMAIN AND BE MAINTAINED BY TENANT 6’ FENCE WITH CONCRETE MOW CURB POSTS TO LAND ON CURB CONCRETE TRIKE TRACK. TENANT TO MODIFY EXISTING SPRINKLER HEADS ON BOTH SIDES OF FENCEE AS REQUIRED. TENANT TO REVISE SPRINKLER MAIN SO IT DOES NOT RUN UNDER TRIKE TRACK. SPRINKLER WORK TO BE CONFIRMED WITH PARKS DEPARTMENT PRIOR TO WORK COMMENCING. (2) FOOT ACCESS NE OUTER FENCE EXCLUDE IRRIGATION FACILITY CONTROL Bezos Academy Outdoor Space RETAIN REMOVABLE FENCE PANELS Bezos Academy (3) Classrooms ELIMINATE EXISTING PARKING SPACE FOR SAFETY BY DUMPTER – IF NEEDED* (1) 8’ VEHICLE ACCESS GATE AGENDA ITEM #6. e) 11 EXHIBIT E-3 Revised Shared Services (this section is not bold underline and strike through) Grass Mowing/Yard Maintenance. Landlord will perform regular grass mowing and yard maintenance on the Property as part of its regular maintenance program for the Property, except for portions of the Property included within the Premises and for the exclusive use of Tenant. Landscaping/Irrigation. Landlord will maintain landscaping and irrigation on the Property. Landlord will require occasional access to the Premises to perform maintenance and repairs. Access will be coordinated between Landlord and Tenant ahead of entry into Premises in accordance with Section 8 of the Lease. Exclusive garden space provided to Tenant as shown in Exhibit A-3 to the Lease, will be maintained by Tenant. Landlord acknowledges that Tenant’s maintenance of the garden is subject to the health and safety regulations for early learning gardens as set forth in WAC 110-300-0148. Tenant is also responsible for landscaping and maintenance of the playground area in the Premises. Plowing/Shoveling. Landlord will provide snow removal services to the parking lot, sidewalk, and walkways on the Property in priority established by the City. Landlord will perform work at the Property after the other City priority locations are completed. City staff makes no guarantee that snow removal will take place prior to school hours. To assist with City wide snow services, Tenant will notify the City if the school is closed due to weather conditions. Custodial and Services. Tenant, and not Landlord, is responsible for custodial services within the Premises. Landlord may be able to provide backup restroom supplies, including toilet paper, paper towels, trash bags, and toilet seat covers if needed. Pest Control. Pest Control will be managed by the Landlord and Tenant. As of the Date of this Amendment the WAC provides and the Parties agree as follows: WAC Responsible Party WAC 110-300-0255 Pest control. (1) An early learning provider must take appropriate steps to safely prevent or control pests that pose a risk to the health and safety of adults and children in and around the licensed space. Pest control steps must include: Tenant (a) Prevention. A provider must take steps to prevent attracting pests including, but not limited to, identifying and removing food and water sources that attract pests. Tenant (b) Inspection. Indoor and outdoor areas in and around the licensed space must be inspected for evidence of pests. A provider must document the date and location if evidence is found. (c) Identification. Pests found in the licensed space must be identified and documented so the pest may be properly removed or exterminated. Landlord AGENDA ITEM #6. e) 12 (d) Management. A provider must document steps taken to remove or exterminate the pests if found in the licensed space. (e) Notification. If pesticides are used, the early learning provider must notify the parents or guardians of enrolled children what pesticide will be applied and where it will be applied no less than forty-eight hours before application, unless in cases of emergency (such as a wasp nest). Tenant (f) Application. Pesticide must be applied to early learning program space when children are not present. When pesticide is applied, center providers must comply with chapter 17.21 RCW and family home providers must comply with the pesticide manufacturer's instructions. Landlord (2) An early learning provider must have a pest control policy that emphasizes prevention and natural, nonchemical, low-toxicity methods where pesticides or herbicides are used as a last resort (i.e., integrated pest management). Tenant Landlord will provide pest control inspection services to the Premises monthly, adhering to health and safety requirements in the early learning regulations, as set forth in WAC 110-300-0255 above. Following a pest control inspection, Landlord will forward the inspection report to Tenant. If pesticides are needed at any time for the Premises, Landlord will provide Tenant with no less than 72 hours notification prior to application. Waste Removal. Until the Waste Removal Handover Date of September 1, 2023, Landlord will continue to provide waste removal consistent with the Lease before taking into effect the Third Amendment to Lease Agreement. Effective September 1, 2023, Tenant is responsible for all waste removal and all waste removal services from the Premises. Tenant is responsible for all labor and supply costs for their waste removal services. Tenant will contract directly with the company under the City-wide contract for “Comprehensive Garbage, Recyclables, and Compostables Collection” - waste removal services. Tenant must collect their own waste/garbage and place it in the Tenant designated waste removal area and containers as illustrated on Exhibit A-3. Tenant is responsible to provide access to containers by hauler for pick up. Tenant will be responsible for installation of a dumpster enclosure. Tenant will follow all City and state codes and laws and will apply for permits as needed. The design of the dumpster enclosure will be subject to the City’s prior written approval at a minimum, have a black chain link fence with black slats and a sloped covering on top. Tenant will keep the container area locked. Tenant will clean the dumpster area with at a minimum, regular sweeping, debris pick up, and pressure washing. The Landlord (Facilities and Parks) agrees for safety purposes, if needed, to lose /eliminate one parking stall as a result of waste/dumpster services area by Tenant. However, if a parking space is needed, it must be made as an exception by the City's Permit Department (CED) in the permitting process. AGENDA ITEM #6. e) 13 Fire Monitoring System. Fire Monitoring will be managed by the Landlord and Tenant. As of the Date of this Amendment the WAC provides and the Parties agree as follows: WAC Responsible Party WAC 110-300-0170 Fire safety. (1) An early learning provider must comply with the state building code, as now and hereafter amended, pursuant to RCW 19.27.031. Both Parties Each party agrees to comply as related to their respective responsibilities. (2) An early learning provider must arrange for a fire safety inspection annually. A provider must arrange a fire safety inspection with a local government agency. If a local government agency is not available to conduct a fire safety inspection, a provider must inspect for fire safety using the state fire marshal form. Landlord (3) To ensure a safe environment for children in care, an early learning provider must comply with the following fire safety requirements: (a) Combustible materials. (i) Combustible materials must be properly discarded pursuant to local jurisdictions, removed from the premises, or properly stored in closed metal containers specifically designed to hold such combustible materials; (ii) Combustible materials stored in a closed metal container must not be stored in the premises licensed space or any place that may be accessible to children in care; (iii) Combustible materials include, but are not limited to, lint, gasoline, natural gas, diesel, fuel, propane, rags soaked in combustible materials, oils, chemicals, or solvents. (b) Furnaces and other heating devices. (i) Paper, rubbish, or other combustible materials must be at least three feet from furnaces, fireplaces, or other heating devices; (ii) Furnaces and other heating devices must be inaccessible to children in care; and (iii) An appliance or heating device that has a surface capable of burning a child or reaching 110 degrees Fahrenheit must be inaccessible to children in care unless a program activity involves such an appliance or device and children are being actively supervised. (c) Electrical motors. Electrical motor fans and appliances must be regularly cleaned to prevent accumulation of dust or lint. (d) Open flame devices, candles, matches and lighters. (i) Except for the use of a gas kitchen range, open flame devices must not be used in early learning program space or Tenant AGENDA ITEM #6. e) 14 any other space accessible to children in care during operating hours; (ii) Candles must not be used during operating hours; (iii) Matches and lighters must be inaccessible to children. (e) Portable heaters and generators. Portable heaters or fuel powered generators must not be used inside early learning program space during operating hours. (i) In case of an emergency, a generator may be used but must be placed at least twenty feet from buildings, windows, doors, ventilation intakes, or other places where exhaust fumes may be vented into the premises or early learning space; and (ii) Appliances must be plugged directly into a generator or into a heavy duty outdoor-rated extension cord that is plugged into a generator. (f) Fireplaces, woodstoves, or similar wood burning heating devices. Chimneys, fireplaces, gas burning fireplaces, wood stoves or similar wood-burning devices must be inspected annually by a state or locally certified inspector, unless the provider submits to the department a written statement that the chimney, fireplace, wood stove or similar wood-burning device will not be used at any time. (g) Fire alarms and smoke and carbon monoxide detectors. (i) An early learning provider must have and maintain at least one smoke detector per licensed sleeping area and one per floor. Pursuant to the state building code, center early learning providers must comply with WAC 51-50-0907, as now and hereafter amended, and family early learning providers must comply with WAC 51-51-0314, as now and hereafter amended; and (ii) An early learning provider must have and maintain carbon monoxide detectors. Pursuant to the state building code, center early learning providers must comply with WAC 51-50-0915, as now and hereafter amended, and family early learning providers must comply with WAC 51-51-0315, as now and hereafter amended Landlord (h) Backup method to sound an alarm. In addition to working smoke detectors, an early learning provider must have another method to alert all staff and enrolled children of a fire, emergency situation, or drill. Tenant (i) Extinguishers. An early learning provider must have and maintain working fire extinguishers that are marked with a minimum rating of 2A:10 BC. Landlord AGENDA ITEM #6. e) 15 (i) Fire extinguishers must be located pursuant to the state building code chapter 51-54A WAC, as now and hereafter amended, and must be readily available for use in case of an emergency; (ii) Fire extinguishers must be located on each level of the early learning program space used by children and mounted within seventy-five feet of an exit next to the path of the exit; and (iii) If a fire extinguisher is mounted in a closet, there must be a sign indicating the location of the extinguisher and obstructions must not block access to the closet. (j) Monthly inspections. An early learning provider must involve staff responsible for different groups of children or individual classrooms during monthly inspections. At least once per month, a provider must inspect the premises to identify possible fire hazards and eliminate any hazards found including, but not limited to: (i) Fire extinguishers; (ii) Smoke detectors; (iii) Alternate alarms; and (iv) Emergency lighting (j) (i) – Landlord (j) (ii) – Landlord (j) (iii) – Tenant (j) (iv) Landlord Landlord will provide a copy of the inspection report to Tenant. Following these inspections, or at any other time a party becomes aware of an issue, they will inform the other party if any of these systems are broken, defective, or otherwise require service or repair. Landlord will add a Tenant representative on the fire monitoring call list for emergency notification purposes. Landlord will provide prior written notification to Tenant staff for any inspections related to the fire monitoring system that require access to the Premises. AGENDA ITEM #6. e) FABRIC REQUIRED ON FENCE TO ELIMINATE 3.75” GAP EXISTING TREES TO BE MAINTAINED AND USED FOR SHADE. EXISTING GRASS TO REMAIN AND BE MAINTAINED BY TENANT 6’ FENCE WITH CONCRETE MOW CURB POSTS TO LAND ON CURB CONCRETE TRIKE TRACK. TENANT TO MODIFY EXISTING SPRINKLER HEADS ON BOTH SIDES OF FENCEE AS REQUIRED. TENANT TO REVISE SPRINKLER MAIN SO IT DOES NOT RUN UNDER TRIKE TRACK. SPRINKLER WORK TO BE CONFIRMED WITH PARKS DEPARTMENT PRIOR TO WORK COMMENCING. (2) FOOT ACCESS NE OUTER FENCE EXCLUDE IRRIGATION FACILITY CONTROL Bezos Academy Outdoor Space RETAIN REMOVABLE FENCE PANELS Bezos Academy (3) Classrooms ELIMINATE EXISTING PARKING SPACE FOR SAFETY BY DUMPTER – IF NEEDED* (1) 8’ VEHICLE ACCESS GATE AGENDA ITEM #6. e) AB - 3371 City Council Regular Meeting - 26 Jun 2023 SUBJECT/TITLE: Authorization to Purchase Fleet Vehicles RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Maintenance Services STAFF CONTACT: Ron Kahler, Fleet Manager EXT.: 2660 FISCAL IMPACT SUMMARY: The total cost of the vehicles is $1,003,645.95 and the total amount allocated in the 2023 -24 budget for the replacement of these vehicles is $840,000. Staff has requested Q2 budget adjustments from Street Dept . Fund 003 for $140,000 and Water Fund 405 for $40,000 will cover the budget shortfall. SUMMARY OF ACTION: The Fleet Section has obtained quotes for the purchase of three dump trucks from Papé Kenworth Northwest through Washington State Contract #05976. Two of the vehicles are for PW/ Street Maintenance and one for PW/Water Maintenance. The requested purchases will replace existing vehicles D096, D116, and D102. These vehicles are used by Street and Water maintenance personnel for maintenance and repair duties including hauling asphalt, rock, sand and dirt as well as for snow removal and deicer/sanding in wint er. These vehicles meet the required standard for replacement in that they have high mileage and concerns with reliability and future maintenance costs, as well as exceeding the minimum schedule for replacement. The purchases were approved in the 2023-24 biennium budget. All vehicles are included in the Fund 501 Equipment Rental Vehicle Acquisition and Replacement Schedule. The cost of the new trucks exceeds the available replacement fund because of the escalation in costs and availability of large work trucks in the last several years. Because of this staff is asking for additional funds from the Streets Fund and Water Fund to bridge the gap between accumulated replacement funds and actual vehicle costs. Staff have submitted a request for additional b udget as part of the 2nd Quater Budget Adjustment to provide the necessary funds to make up the difference. Existing Vehicle Year Purchased Replacement Make & Model Replacement Cost Vendor & State Contract Bid Number D096 2000 Kenworth T880 $334,549 Papé Kenworth Northwest Washington State Contract #05916 D116 2007 Kenworth T880 $334,549 Kenworth Washington State 05916 D102 2001 Kenworth T880 $334,549 Kenworth Washington State 05916 TOTAL $1,003,647 EXHIBITS: A. Papé / Kenworth Northwest Quote STAFF RECOMMENDATION: AGENDA ITEM #6. f) Authorize the Mayor to execute a purchase agreement with Papé Washington State Contract No. 05916 for three Public Works dump vehicles totaling $1,003,647. In accordance, with Washington State Bid Contract No. 05916, and approve the additional $140,000 from Street Fund 003 and $40,000 from the Water Fund 405 for the balance of needed funds as identified in the 2nd Quarter Budget Adjustment. AGENDA ITEM #6. f) Date:5/17/2023 Customer Contact Name Address City, State, Zip Phone # Email Quantity Model / Chassis SALES PRICE FET TOTAL 1 2024 Kenworth T880 Auto Dump Plow 191,124.20$ -$ 191,124.20$ 1 Kenworth Local Government Discount (3,000.00)$ -$ (3,000.00)$ 1 Fab Shop Dump Body & Plow 114,909.00$ -$ 114,909.00$ WA State DES Contract No. 03920 -$ -$ -$ TOTAL PER TRUCK:303,033.20$ -$ 303,033.20$ Year Make / Model Trade Value Less payoff Trade Equity -$ -$ -$ -$ -$ -$ -$ -$ -$ Deposit Sales Tax 31,515.45$ $334,548.65 Erik Casebeer CUSTOMER AGREEMENT TRUCK PURCHASE DEPOSIT AGREEMENT mstenhouse@rentonwa.gov TRUCK INFORMATION TRADE INFORMATION Total Due per Truck Unpaid Balance Finance By:Customer Signature City of Renton Michael Stenhouse 3555 NE 2nd Street 425-430-7400 Renton, WA 98056 I hereby place a firm order for the Kenworth chassis described on the attached proposal, which includes standard equipment set forth in current Kenworth price lists unless otherwise specified herein, together with the equipment designated on the following page(s); and I agree to pay the full purchase price shown in accordance with terms and conditions contained in this Purchase Order. I understand this Purchase It is agreed and understood by the undersigned that this deposit will be held by Kenworth Northwest Inc. ("Distributor"), and will be appliedtoward the cash purchase price, cash down payment, or initial lease-purchase payments, whichever shall apply at time of delivery. It is further agreed and understood that if the Customer cancels the above referenced Sales Order at any time after the chassis has: (1)entered production at the factory, (2) been purchased by the Distributor from another Distributor, or (3) has undergone Sales Order modification at Distributor expense, that the Distributor shall reserve the right, at its discretion, to hold the deposit until the chassis is sold inthe market or is otherwise satisfactorily disposed of; in which event the Distributor will be allowed to retain from the deposit whatever charges it may incur until the chassis is sold and damages it shall have suffered by reason of such cancellation; provided, in the event thecharges incurred and damages suffered by Distributor exceed the deposit, Customer agrees to pay Distributor the amount of such excess, andin the event there is a balance after said charges and damages, the balance will be remitted to Customer within ten (10) days thereafter. If the Sales Order is cancelled at no loss or inconvenience to the Distributor, the deposit will be returned to Customer upon request. The foregoing shall not be interpreted to give the Customer a right to cancel the aforesaid Purchase Order, but merely sets forth the rights to the use of the purchase deposit in the event the Purchase Order is cancelled with the consent of the Distributor. **The Sales Price has been based on Distributor's Factory List Price in effect on the date hereof. Any increase in List Price in effect on the date of delivery shall be added to the Sales Price and terms of payment shall be adjusted Accordingly.** THE PURHASE ORDER AND DEPOSIT AGREEMENT INCLUDING THE LIMITATION OF WARRANTY IN PARAGRAPH 5 SHALL BE SUBJECT TO THE TERMS AND CONDISTIONS CONTAINED ON THE REVERSE SIDE HEREOF. AGENDA ITEM #6. f) Price Level: January 1, 2023 Date: April 03, 2023 Deal: T880 Auto Dump Quote Number: QUO-948111-M4L8N7 Printed On: 4/3/2023 3:20:33 PM Page 1 of 14 Unit Chassis Model: T880 Series Conventional Fr Axle Load (lbs): 18740 Type: FULL TRUCK Rr Axle Load (lbs): 46000 Description 1: T880 Auto Dump G.C.W. (lbs): 66000 Description 2: X15 Cummins Application Road Conditions: Intended Serv.: Construction: Vehicles used in the cons Class A (Highway) 76 Commodity: Gravel/crushed rock/sand Class B (Hwy/Mtn) 19 Class C (Off-Hwy) 5 Body Class D (Off-Road) 0 Type: End dump Maximum Grade: 6 Length (ft): 10 Wheelbase (in): 209 Height (ft): 13 Overhang (in): 60 Max Laden Weight (lbs): 4000 Fr Axle to BOC (in): 74 Cab to Axle (in): 135 Trailer Cab to EOF (in): 195 No. of Trailer Axles: 0 Overall Comb. Length (in): 317.5 Type: Length (ft): 0 Special Req. Height (ft): 0 U.S. Domestic registry, 50-state. Kingpin Inset (in): 0 Corner Radius (in): 0 Restrictions Length (ft): 75 Width (in): 102 Height (ft): 13.5 PAPÉ KENWORTH NORTHWEST – SEATAC (P410) 20220 INTERNATIONAL BLVD. SEATAC, Washington 98198 CITY OF RENTON 3555 NE 2ND ST RENTON, Washington 98056 United States of America Erik Casebeer Cell Phone: (206) 735-0107 Office Phone: 206-433-5911 Email: ecasebeer@papekenworth.com Michael Stenhouse Office Phone: 425-430-7400 Email: mstenhouse@rentonwa.gov Vehicle Summary Approved by: Date: Note: All sales are F.O.B. designated plant of manufacture. AGENDA ITEM #6. f) Price Level: January 1, 2023 Date: April 03, 2023 Deal: T880 Auto Dump Quote Number: QUO-948111-M4L8N7 Printed On: 4/3/2023 3:20:33 PM Page 2 of 14 Sales Code Std/ Opt Description Weight Model 0000810 S T880 Series Conventional 15,549 0070060 S T880 0 0080055 O CARB Idle Emissions Reduction - Cummins 0 0090000 S Non-Sleeper w/rear axle capacity less than 59K. 0 0098447 O State of Registry: Washington 0 Engine & Equipment 0130307 O X15 500V 500@2000 1850@950 2021 with Intebrake, Productivity Series N09420 C333 0.....Reserve Speed Limit Offset ( N09380 C334 0.....Maximum Cycle Distance (C334 N09360 C400 252...Reserve Speed Function Reset N09200 C399 120...Standard Maximum Speed Limit N09400 C401 10....Maximum Active Distance (C40 N09220 C402 0.....Expiration Distance (C402) N09540 C395 0.....Expiration Distance (C395) N09260 C121 65....Maximum Accelerator Pedal Ve N09440 C234 NO....Engine Protection Shutdown ( N09460 C231 NO....Gear Down Protection (C231) N09580 C133 5.....Timer Setting (C133) N09680 C233 NO....Idle Shutdown Manual Overrul N09480 C132 2200..Max PTO Speed (C132) N09300 C128 65....Maximum Cruise Speed (C128) N09500 C239 NO....Cruise Control Auto Resume ( N09520 C238 NO....Auto Engine Brake in Cruise N09240 C209 120...Hard Maximum Speed Limit (C2 N09780 C190 80....High Ambient Temperature Thr N09740 C188 40....Low Ambient Temperature Thre N09760 C189 60....Intermediate Ambient Tempera N09720 C382 YES...Enable Hot Ambient Automatic N09600 C396 YES...Enable Impending Shutdown Wa N09620 C397 60....Timer For Impending Shutdown N09640 C206 35....Engine Load Threshold (C206) N09560 C225 YES...Enable Idle Shutdown Park Br 465 1000046 O EPA Emissions Warranty Engine 0 1000151 S PremierSpec 0 1000243 O Gearing Analysis: Performance power before economy results. 0 1000251 O Customer's Typical Operating Spd: 60 MPH. 0 1000684 Effective VSL Setting NA 0 AGENDA ITEM #6. f) Price Level: January 1, 2023 Date: April 03, 2023 Deal: T880 Auto Dump Quote Number: QUO-948111-M4L8N7 Printed On: 4/3/2023 3:20:33 PM Page 3 of 14 Sales Code Std/ Opt Description Weight 1000858 O Engine Idle Shutdown Timer Disabled 0 1000859 O Enable EIST Ambient Temp Overrule 0 1000891 Eff EIST NA Expiration Miles 0 1002080 O Air compressor: Cummins 18.7 CFM, Naturally Aspirated for Cummins X15 engines 0 1051200 S Air Cleaner: composite firewall mounted PACCAR or Cummins engines 0 1093110 O In/Outside Air Intake for firewall mounted Air Cleaner. Special air intake door allows driver to select outside air or warm air from under the hood for engine combustion. Aids in cold weather operation. Helps prevent air cleaner from becoming clogged with snow. 0 1105220 O Fan Hub: Horton 2-Speed for X15 0 1123555 S Cooling module: 1330 square inches. Includes aluminum radiator core, aluminum charge air cooler, translucent surge tank and washer bottle, silicone hoses, and extended life coolant. 0 1160208 O Radiator bug screen mounted between hood & grille. 2 1247234 S EXH: 2021 RH Under DPF/SCR with RH SOC Vertical tailpipe. Not 2.1m high roof sleepers 0 1290124 O Tailpipe: 5 in. single 24 in. 45 degree curved. -3 1321110 O Fuel Filter:PACCAR Extended Service Interval Fuel/Water Separator, 2017 and Later Emissions 0 1321205 S Run Aid:Fuel Heat *For Fuel Filter 0 1321300 O Start Aid:None *For Fuel Filter 0 1500029 O Kenworth Fuel Cooler Required for Cummins engines with a single fuel tank. Required for PACCAR MX-13 engine with a single fuel tank and stationary use: High RPM, low vehicle speed, sustained for longer than 1 hour. Optional for all other applications. 6 1504005 O Immersion block heater 120V 1500W w/plug under door on C500, T660, T800 & W900. 2 1812162 O Alternator: 160 amp brushless with battery voltage sense. *This code replaced 1812160. 9 1821210 S Batteries: 3 PACCAR GP31 threaded post (700-730) 2100-2190 CCA dual purpose. 0 1836103 O PACCAR Premium 12V Starter W/ Cummins X15 Engines PACCAR 12 volt electrical system. With centralized power distribution incorporating plug-in style relays. Circuit protection for serviceability, 12 - volt light system with circuit protection circuits number & color coded. 0 AGENDA ITEM #6. f) Price Level: January 1, 2023 Date: April 03, 2023 Deal: T880 Auto Dump Quote Number: QUO-948111-M4L8N7 Printed On: 4/3/2023 3:20:33 PM Page 4 of 14 Sales Code Std/ Opt Description Weight 1840005 O Battery disconnect switches 2, mounted on battery box. 2 1840065 S 12V low voltage disconnect for starter battery protection. 0 1900996 O Jump start terminals under hood. 12 1901017 S Remote PTO/Throttle, 12-Pin, Engine Bay Remote Control Provision 0 Transmission & Clutch 2016627 O Transmission: Allison 4500RDS 6-speed, With PTO drive gear. No Retarder. 6th Generation controls. For vocational applications. Includes shift control, transmission oil temperature gauge, oil level sensor & heat exchanger. Transynd transmission fluid is standard on all Allison 1000, 2000, 3000 & 4000 series transmissions. 478 2406453 O Driveline: 2 Dana SPL250XL 1 centerbearing Low maintenance offering from Spicer. On-highway 350K mi first service interval, 100K mi subsequent service interval on U-joint, splines lubed for life, quick disconnect end caps. 83 2410018 O Torque converter included w/Allison Transmission. 0 2410114 O Left hand Pto access, right hand dip stick tube Allison 3000 series only. 0 2410154 O Allison lever control, center console mounted. The lever shifter is for use with Allison Transmissions and is located in the dash cup holder assembly. 0 2410204 O Allison Fuel Sense: Delete 0 2410244 O J1939 Park Brake Auto Neutral 0 2410310 O Allison Neutral at Stop 0 2429378 O Customer installed transmission PTO in the LH Mounted position (8 o’clock) for Allison 3000 & 4000 transmissions. 0 2460054 O Additional KW Oil to Water Transmission Cooler For use with Endurant XD/PACCAR TX-18 Transmissions 10 Front Axle & Equipment 2506181 O Dana Spicer D2000 Front Axle rated 20K standard track. -27 2621078 O Front Brakes: 22K Bendix ES S -cam 16.5x6 in. -46 2690035 O Front Brake Drum: 22,000 lbs. 16-1/2x6 in. Cast. 104 2702020 O Front Hubs Iron hub pilot 20,000 lbs. 10 Bolt 16.5x6in. or 7in. or air disc brakes. 10 Bolt, 11-1/4 in. bolt circle. Consider Wheelguards (5850002) with aluminum wheels. 80 2741970 S ConMet PreSet Plus Hub package; front axle. 0 AGENDA ITEM #6. f) Price Level: January 1, 2023 Date: April 03, 2023 Deal: T880 Auto Dump Quote Number: QUO-948111-M4L8N7 Printed On: 4/3/2023 3:20:33 PM Page 5 of 14 Sales Code Std/ Opt Description Weight 2750001 S Hubcap: front vented. 0 2765001 O Front Auto Slack Adjuster. 0 2866020 S Front Springs: Taperleaf 20K w/ shock absorbers w/ maintenance-free elastomer spring pin bushings. Standard with rubber pins except for C500 which has threaded pins. Not available on W900L. W900B use 2866021. 0 2895302 S Dual power steering gear: 16-22K Sheppard HD94. Heavy duty. Not for use on T3. 0 2899336 S Power Steering Cooler:Radiator Mounted Air -to-Oil 0 2900616 O Threaded Bushings for taperleaf spring 16K, 18/20K, 22K, 40K replacing rubber. 0 Rear Axle & Equipment 3144182 O Dual Dana Spicer D46-172H rear axle rated at 46K. w/ 16mm housing and 2.06in. shaft diameter. Tandem rear axles. -158 3200478 O Rear Axle Ratio - 4.78. 0 3334004 S Dual Rear Brakes 16-1/2x7 in. to 46K; Bendix ES -extended service S -cam. 0 3392005 S Dual Rear Brake Drums: cast. 0 3407050 S Dual Rear Hubs: Aluminum hub pilot 46K 11-1/4 in. bolt circle. 0 3441972 S ConMet PreSet Plus Hub package; dual rear axle. 0 3465002 S Dual Rear axle automatic slack adjusters. 0 3485207 S Spring Brake: 3030 long stroke dual 30 square inches travel. Helps keep brakes in adjustment longer. 0 3495226 O Bendix 4S/4M anti -lock brake system. 0 3500057 O Interaxle Driveline: 1 Dana SPL170XL Tandem Rear Axles Only -2 3532194 O Wheel Differential Lock for Dana Spicer axles D40-170(P)/D46 -170(H)(P)(WT) forward rear axle & rear rear axle. 112 3573111 O Separate switch for dual axles: differential lock or crosslock. 0 3749209 O Rear suspension: Tandem Chalmers 854-46-H 46K. 54 in. axle spacing. Unladen Height: 12.5 in. Laden Height: 10.1 in. Standard restrictor can. 226 3830145 O Delete standard heavy-duty air springs for rear suspension. -28 3832026 O Chalmers shock absorbers. 52K and under suspension. 35 3836500 O Heavy-duty gussets for forward suspension 12 AGENDA ITEM #6. f) Price Level: January 1, 2023 Date: April 03, 2023 Deal: T880 Auto Dump Quote Number: QUO-948111-M4L8N7 Printed On: 4/3/2023 3:20:33 PM Page 6 of 14 Sales Code Std/ Opt Description Weight crossmember on Airglide 400/460, Chalmers, or Hendrickson beam suspensions. This replaces the standard gussets. Tires & Wheels 4038628 O Front tires: Goodyear Armormax MSA 385/65R22.5 18PR AP 42.5 in diameter, all position. 19.8 in SLR. On/Off highway. Wide-base tire. in. SLR. -48 4238806 O Rear tires: Goodyear G751 MSA 11R22.5 16PR 42.0in. diameter, all position. 19.6 SLR. 168 4900008 O Rear Tire Quantity: 8 0 5045216 O Front Wheel: Alcoa 82362 22.5x12.25 aluminum, with Lvl One [TM] finish High Polish, hub-pilot mount. 11400lb. maximum rating. Super single. Standard track axles may be over 102 in. w/425 tires. Air disc brake compatible. -10 5242258 O Rear Wheel: Accuride 50291 white 22.5X8.25 heavy -duty 22.5x8.25; Steel Armor[TM] powder coat, hub-pilot mount. 8000lb. maximum rating. 2-hand holes. Air disc brake compatible. Code is priced per pair of wheels. 88 5853906 O Powder coat white steel wheel. Use in conjunction with front, dual front, rear, spare or lift axle wheel code(s). All wheels on chassis must have same finish color. 0 5900008 O Rear Wheel/Rim Quantity: 8 0 Frame & Equipment 6056400 O Frame Rails: 10-3/4 x 3-1/2 x 3/8in. Steel 285in. to 336 in. Truck frame weight is 3.48 lb.-in. per pair of rails. Section modulus is17.80, RBM is 2,132,000 in-lbs per rail. Frame rail availability may be restricted based upon application, axle/suspension capacity, fifth wheel setting, or component/dimensional specifications. The results of the engineering review may result in a change to the requested frame rail. If a change is required Kenworth Application Engineering will advise the dealer of the appropriate material specification for a substitute rail. 313 6302460 O Bumper: Tapered painted steel channel. Requires a bumper setting code. 44 6319485 S 48.5 in. Bumper setting. Requires a bumper code. 0 6321005 O Removable Front Tow Hooks: 2. 15 6400636 O Battery box cantilever aluminum BOC with fiberglass cover. 8 6409902 O Battery box location: RH Side. 15 6451090 S T470,C5, T6, T8 non-polished DPF/SCR or CNG cover diamond plate w/ step. For use w/ 2010 or later exhaust systems. For T8, use extended length non-polished battery box on opposite rail to match the length of under cab components. End plates will be painted standard black frame color. 0 6679856 O Final end-of-frame cut-off dimension will be 0 AGENDA ITEM #6. f) Price Level: January 1, 2023 Date: April 03, 2023 Deal: T880 Auto Dump Quote Number: QUO-948111-M4L8N7 Printed On: 4/3/2023 3:20:33 PM Page 7 of 14 Sales Code Std/ Opt Description Weight modified to less than or equal to 45 in. 6721102 S Rear mudflap arms: Betts B-25 standard-duty, straight. Includes B1732 mounting brackets as standard. 0 6722000 S Rear mudflap shields: White plastic antisail w/ Kenworth logo. 0 6741011 O Square end-of-frame w/ crossmember; non -towing. 30 Fuel Tanks & Equip 7210100 O Fuel Tank: 100 US gallon 24.5in. aluminum under replace. Class 8 fuel tanks w/o locking caps include an anti -siphon device on the filler neck. 0 7722153 S Small round DEF tank, 14 gallons. The DEF tank will be located on the side you specified. If you have specific configuration or body builder concerns, please utilize the Custom Frame Layout option. Standard capacity is calculated by fuel capacity of the vehicle and will accommodate two diesel fill -ups for every DEF fill-up. For 1:1 DEF fuel fill ratio, add 7889204. 0 7831008 O 6 in. wide lower fuel tank step, for one 22 in. or 24.5 in. tank LH. 2 7889203 S DEF to fuel fill ratio 2:1 or greater. 0 7889245 S Anti-siphon device in fuel tank filler neck. For any number of fuel tanks. 0 7889604 S DEF tank location is LH. 0 7920100 O Location: 100 gal fuel tank LH under cab 0 Cab & Equipment 8025301 S Cab: Stamped aluminum cab with panoramic curved glass windshield. Standard with stamped aluminum doors, heavy duty in-swinging hinges, and triple sealed doors. Manufactured using self- piercing rivets and structural adhesive. Includes LED exterior marker lights and turn signals. 0 8090604 O Hood: T880 Standard Length With Mechanically Fastened Fenders. 122.6 inch BBC. 15 8108011 S Cab HVAC - Day Cab and 40in Sleeper System With Defrost, A/C, and 48,000 BTU/hr Heater. Includes automatic temperature control with one touch defrost operation and dash mounted cab temperature and solar intensity sensors. Pleated fresh air filter and cabin recirculation air filter standard. The Kenworth HVAC system is designed to provide optimal heating and cooling in all operating environments without need for additional insulation. Cab HVAC without sleeper heater AC is available with 40in sleeper. 0 8201047 S Kenworth Smartwheel: 18 in. Non -Leather With Integrated Radio and Cruise Controls. 0 8201051 O Column Mtd Retarder Control, RH Side Use with Manual & Allison Transmissions Only. 0 8201200 S Adjustable telescoping tilt steering column. 0 AGENDA ITEM #6. f) Price Level: January 1, 2023 Date: April 03, 2023 Deal: T880 Auto Dump Quote Number: QUO-948111-M4L8N7 Printed On: 4/3/2023 3:20:33 PM Page 8 of 14 Sales Code Std/ Opt Description Weight 8203056 O Unspecified Tumbler P/N. All Chassis keyed alike Includes ignition, cab doors & if applicable, sleeper tool box door. 2.1m models, requires 2+ chassis. G key will not work on new P lock and ignition. Narr P 0 8203184 O Switch & Wiring: For Customer-Installed Cab Panel Lights. 1 8203196 O Dash Mounted Compact Trailer Brake Valve. Self Returning. 0 8205012 O Off-highway dash switch: For ABS system. Includes indicator light. 0 8205177 O Dash Switch: 1st Allison-mntd PTO. Electric switch and wiring are factory -installed to control the 1st Allison Trans mounted PTO. 0 8208495 O Two spare switches: Wired to power. 0 8209999 O Spare Power Wiring For Customer Installed Devices Behind Dash Cluster. Includes 2 batt, 2 ign, 1 acc, 1 LVD at 20A each. 2 8220106 O Gauge: Dash mounted air filter restriction gauge. 0 8221136 O Gauge: Trailer reservoir air pressure gauge. 0 8221160 O Gauge: Engine Oil Temperature Gauge With Integral warning light. The NavPlus HD unit includes a virtual engine oil temperature gauge. 0 8222404 S Gauge: DD Virtual Gauge - Oil Temp Engine 0 8222409 S Gauge: DD Virtual Gauge - Air Filter Restriction 0 8222413 S Gauge: DD Virtual Gauge - Manifold Pressure Boost 0 8222414 S Gauge: DD Virtual Gauge - Engine Percent Torque 0 8222712 O Gauge: Fuel filter restriction gauge. 0 8222722 O Gauge: Manifold Pressure Gauge. The NavPlus HD unit includes a virtual manifold pressure gauge. 0 8226667 O Gauge: Oil Temperature Gauge Transmission. The NavPlus HD unit includes a virtual transmission oil temperature gauge. 0 8282027 S Main Instrument Package: 15" Digital Display. Includes Speedometer, Tachometer, Primary Air Pressure, Secondary Air Pressure, Fuel Level #1, DEF Level, DPF Filter Status, Fuel Economy, Oil Pressure, Coolant Temp, OAT and Voltmeter, and Air Application. 0 8282120 O USB Charging Port - Dash Panel *Requires 15" Digital Display 8282027/8282028 0 AGENDA ITEM #6. f) Price Level: January 1, 2023 Date: April 03, 2023 Deal: T880 Auto Dump Quote Number: QUO-948111-M4L8N7 Printed On: 4/3/2023 3:20:33 PM Page 9 of 14 Sales Code Std/ Opt Description Weight 8300008 S Interior color: Slate Gray 0 8330102 S Interior package: Vantage daycab Includes durable headliner and vinyl sidewalls with geometric patterned trim and anodized aluminum accents throughout. Convenient overhead storage cubbies, full size glove box, two center console cupholders, and large door pad map pocket. Standard LH/RH power windows, electric door locks, interior LED lighting, nighttime-friendly red ambient lighting for dash and footwell, and door mounted courtesy light. In cludes two standard 12V power outlets. Driver sunvisor includes strap. 0 8390634 S Rubber floormat 0 8410272 O Driver Seat: GT702 HB with DuraCloth material. The GT702 is standard with a single air bag, scissor linkage seat suspension that incorporates seat height memory, auto-leveling valves with exit air dump, and adjustable damper. It includes a dual chamber lumbar support, 10in Fore/Aft adjustment, 5in Up/Down adjustment with protection zones, 2.5in pan extension, 51 degree seat back re cline, and 16 degree full seat tilt. Includes 3-point matching seat belts. DR seat standard w/ dual armrests. 10 8460272 O Rider Seat: GT702 HB with DuraCloth material. The GT702 is standard with a single air bag, scissor linkage seat suspension that incorporates seat height memory, auto-leveling valves with exit air dump, and adjustable damper. It includes a dual chamber lumbar support, 10in Fore/Aft adjustment, 5in Up/Down adjustment with protection zones, 2.5in pan extension, 51 degree seat ba ck recline, and 16 degree full seat tilt. Includes 3-point matching seat belts. Rider seat standard w/ LH armrest. 44 8490187 O Seat Color: Gray 0 8601432 O Kenworth Radio DEA710 AM/FM/WB/USB, Bluetooth 0 8698982 O Mid Level Audio System - Daycab: High Performance Door and B -Pillar Speakers. 4 8699926 O CB installation kit: Center mounted of header. W/header mounted quick release CB mount. One red power post & one black ground post. Includes dual antenna leads located on the mirror brackets. Includes dual antenna & separate speaker. 2 8700196 O Turn Signal: Self-Cancelling 0 8700283 S LH and RH Trip Ledge Rain Deflectors 0 8700663 S Kenworth TruckTech+ The Kenworth Remote Diagnostics system provides the Worlds Best reporting of engine and aftertreatment fault codes, as well as enhanced support for the truck owner through rapid communication of fault severity and recommended actions. This option is Standard on all Heavy Duty Kenworths with a PACCAR MX engine, Cummins X15 engine, PX engine or Natural Gas engine. Optional on Medium Duty Kenworths. 0 AGENDA ITEM #6. f) Price Level: January 1, 2023 Date: April 03, 2023 Deal: T880 Auto Dump Quote Number: QUO-948111-M4L8N7 Printed On: 4/3/2023 3:20:33 PM Page 10 of 14 Sales Code Std/ Opt Description Weight 8800260 O Long grabhandle RH side mounted to side -of-cab exhaust. 2 8800372 O Grabhandle: LH, Exterior, Side of Cab - Ergonomic Grab Handle Mounted To The Left Hand Exterior Of The Cab For Entry and Exit. 3 8800402 S Dual Cab Interior Grabhandles: A Pillar Mounted Dash Wrap and B Pillar Mounted Grabhandles 0 8832113 S Kenworth Daylite Door with standard LH/RH electric door locks and LH/RH electric window controls. 0 8841411 S Single air horn under cab. 0 8850139 S Look-Down, Pass. Door, Black 11x6 0 8865002 S Aero Mirror: Dual Kenworth Aerodynamic Motorized heated mirrors, 7in X 13in with cab color mirror shell and black mirror arms. Also includes LH/RH heated 6in X 7in convex mirrors. Mirror brackets set for 8-1/2 ft load width. Mirror controls located on driver side door pad. 0 8871446 S Rear cab stationary window 19in x 36in 0 8890038 O 3.5in x 11.5in Plastic Records Holder:Mounted On Rear Cab Panel. Not available With Sleeper Or 2 Person Bench Seat. 0 8890101 S One -piece bonded-in windshield with curved glass. Standard. 0 8890135 S Exterior stainless steel sunvisor. 19 8890300 O Fender close -out: Below headlamp, behind bumper. *NOT available with 3-piece bumper. 0 8890349 S Wheelwell Fender Extension: 2.5 Inches 0 8890876 S Kenworth Cab/Sleeper Air Suspension. 0 Lights & Instruments 9010553 S Headlamps: SAE Dual Halogen Complex Reflector 0 9022137 S Marker Lights: Five, rectangular, LED 0 9030016 S Turn Signal Lights: Flush mounted LED. Mounted at top of fender wheel arc. 0 9030052 S LED Stop,Turn,Tail: With Two LED Backup Lights and With An LED License Plate. 0 9049825 O Customer-installed road/fog lights switch & wiring. 0 9058085 O SW/WIRE/IND LT: C/I FLOOD 1ST SW THRU GROMMET UNDER CAB 0 9080206 O Switch and Wiring:Cust. Installed Beacon Lights With Additional 20ft Jumper Harness Shipped Loose 1 9090039 S Marker Lights: Interrupter Switch. 0 AGENDA ITEM #6. f) Price Level: January 1, 2023 Date: April 03, 2023 Deal: T880 Auto Dump Quote Number: QUO-948111-M4L8N7 Printed On: 4/3/2023 3:20:33 PM Page 11 of 14 Sales Code Std/ Opt Description Weight Included in Turn Signal For All Models Except T3. The T3 Switch Is In The Dash. 9090049 S Omit Brake Light with Engine Brake. Can only be selected when chassis also has engine brake. Cannot be used with options to delete engine brake. 0 9090058 O Switch & Wiring: For customer -installed plow light. Includes circuit breaker. 0 9090142 O Wiring Only: For customer-installed backup alarm. 0 9090316 O Junction Box: End of Frame 1 9090849 O Polyswitches replacing fuses. Switch will automatically reset after removal of excess load. 0 Air Equipment 9101219 O Air Dryer: Bendix AD-HF Extended Purge Heated With Puraguard 0 9108001 S Moisture ejection valve w/ pull cable drain. 0 9110020 O Full Truck Kit Gladhands mounted at end-of-frame. Seven-way female receptacle mounted at end-of-frame in taillamp bracket. Kit includes dash mounted trailer air supply valve, trailer hand control valve, and hoses/fittings for the valves. Dash mounted parking brake valve, tractor protection valve, and spring brake inversion/relay valves are standard. 15 9140020 S Nylon air tubing in frame & cab, excluding hoses subject to excessive heat or flexing. 0 9140272 O Locate air dryer under RH rail BOC 0 9140328 O Trailer ABS electric supply through SAE J560 7-pin connector per TMC RP137). 0 Extended Warranty 9200021 S Base Warranty - Standard Service Heavy Duty 12 months / 100,000 miles / 160,000 km. 0 9212611 O 24 Month TruckTech+ Subscription for Cummins Engines 0 9220001 O Base Warranty: Emissions 5YR/100K MI - EPA Engine 0 Miscellaneous 9409852 O GHG Secondary Manufacturer: Does Not Apply 0 9490003 O Additional lead time required for off highway & /or specialty component truck. 0 9490206 O Warning triangle reflector kit: Shipped loose. Kit consists of 3 triangles in plastic carrying case. Not floor mounted. 4 9490404 O One 5 lb. dry chemical type fire extinguisher mounted outboard of driver seat. Class ABC. 11 AGENDA ITEM #6. f) Price Level: January 1, 2023 Date: April 03, 2023 Deal: T880 Auto Dump Quote Number: QUO-948111-M4L8N7 Printed On: 4/3/2023 3:20:33 PM Page 12 of 14 Sales Code Std/ Opt Description Weight 9490645 O Zinc Phosphate frame rail paint processing. Requires frame rail code. Code is for 1 pair of rails. 0 9491659 S VMUX Architecture 0 Promotions Paint 9700000 O Paint color number(s). N9702 A - L0789 ORANGE N9770 BUMPER N0001 BLACK N9720 FRAME N0001 BLACK 0 9943014 O Steel Bumper Painted Frame Color 0 9943051 O Day Cab Premium Paint 0 9944820 S 1 - Color Paint - Day Cab Color will be White if no other color is specified. 0 9965510 S Base coat/clear coat. The Kenworth Color Selector contains additional instructions, as well as information on Kenworth paint guidelines and surface finish applications. Kenworth is standard with Dupont Imron Elite paint. 0 Order Comments AGENDA ITEM #6. f) Price Level: January 1, 2023 Date: April 03, 2023 Deal: T880 Auto Dump Quote Number: QUO-948111-M4L8N7 Printed On: 4/3/2023 3:20:33 PM Page 13 of 14 Total List Price (W/O Freight & Warranty & Surcharges ) $281,065 Marketing and Service Support Fee $1,040 Prepaid Freight $3,325 Total Surcharge/Options Not Subject To Discount $0 Total Weight 17,682 Prices and Specifications Subject to Change Without Notice. Unpublished options may require review/approval. Dimensional and performance data for unpublished options may vary from that displayed in CRM. PRICING DISCLAIMER While we make every effort to maintain the web site to preserve pricing accuracy, prices are subject to change without notice. Although the information in this price list is presented in good faith and believed to be correct at the time of printing, we make no representations or warranties as to the completeness or acc uracy of this information. We reserve the right to change, delete or otherwise modify the pricing information which is represented herein without any prior notice. We carefully check pricing specifications, but occasionally errors can occur, therefore we reserve the right to change such prices without notice. We disclaim all liability for any errors or omissions in the materials. In no event will we be responsible for any damages of any nature whatsoever from the reliance upon information from these materials. Please check your order prebills to confirm your pricing information AGENDA ITEM #6. f) Price Level: January 1, 2023 Date: April 03, 2023 Deal: T880 Auto Dump Quote Number: QUO-948111-M4L8N7 Printed On: 4/3/2023 3:20:33 PM Page 14 of 14 Shipping Destinations Intermediate Destination: Final Destinations Quantity AGENDA ITEM #6. f) HORIZONTAL DIMENSIONS Dimension Measurement Start End Axle Spacing 54 182 236 Bumper to Back of Cab 122.5 ‐48.5 74 Bumper to Front Axle 48.5 ‐48.5 0 Bumper to Front Frame 12.9 ‐48.5 ‐35.6 Cab to End of Frame 195.0 74 269 Cab to Rear Axle 135.0 74 209 Effective Bumper to Back Of Cab 122.5 ‐48.5 74 Frame Length 304.6 ‐35.6 269 Front Axle to Back of Cab 74.0 0 74 Front of Frame to Axle 35.6 ‐35.6 0 Load Space 195.0 74 269 Overall Length 317.5 ‐48.5 269 Overhang 60.0 209 269 Pusher Offset #1 27.0 182 209 Pusher Offset #2 27.0 182 209 Pusher Offset #3 27.0 182 209 Tag Offset 27.0 209 236 Wheelbase 209 0 209 AGENDA ITEM #6. f) Fax: 253-568-9173 Phone: 253-568-9124 Edgewood, WA 98372 10315 16th Street East THE FAB SHOP CITY OF RENTONQuote 3555 NE 2ND STREETTo: RENTON, WA 98056 United States 43255 Contact:Quote Number:MikeStenhouse Quote Date:05/09/23 Terms: Customer: DUE ON RECEIPT, 1.5% MONTHLY Phone: Quoted by: (425) 430-7440 Fax: Ship Via:VENDOR/CUSTOMER WILL CALL (425) 430-7426 12yd DUMP TRUCK CAB SHIELD MOUNTED STROBE HI LIGHTER'S ASPHALT 3 PIECE HITCH 07/08/23Expires: CITY OF RENTON Quotation KENR Part Number Quantity PriceDescriptionItem 16.5' Mark E AR400 with Pin to Pin cylinder, asphalt body, and high lift CATEGORY C 12YD 1 1 $58,954.00 /EA FORCE AMERICA 5100 AIR CONTROLS HYDRALIC PACKAGE 6 1 $44,605.25 /EA TARP, INSTALL, DUMP TRK, 5-7 yrd, FOR MARK E UP TO 18' LONG , ASPHALT TARPS, REQUIRES TIE DOWN FRONT 37004 7 1 $1,950.84 /EA TRUCK SIDE PLOW HITCH AND STATIONARY GRILL CUSTOM PLOW HITCH & STATIONARY 8 1 $6,975.00 /EA ECCO PLOW LIGHTS LED PLOW LIGHTS 9 1 $1,500.00 /EA BRAKE CONTROLLER INSTALL, NO FACTORY WIRING AIR OR NON AIRBRAKE TRUCKS WITH CHARGE WIRE 37782 10 1 $924.00 /EA $114,909.09Total: Tax as Applicable AGENDA ITEM #6. f) Part Number Quantity PriceDescriptionItem Signed authorization & PO are required to process order. Printed Name Signature Purchase Order Number Date AGENDA ITEM #6. f) AB - 3376 City Council Regular Meeting - 26 Jun 2023 SUBJECT/TITLE: Amendment No. 1 to WSDOT Utility Construction Agreement (UTB– 1048) for the I-405 - Lind Avenue SW Bridge Span Replacement RECOMMENDED ACTION: Council Concur DEPARTMENT: Public Works Utility Systems Division STAFF CONTACT: Ron Straka, Utility Systems Director EXT.: 7239 FISCAL IMPACT SUMMARY: The estimated total cost in the WSDOT agreement UTB-1048 for the removal and reinstallation of 12-inch water main and fiber optics cables as part of the reconstruction of the Lind Ave Bridge over I-405 was $220,602.12. Amendment No. 1 to the WSDOT Utility Construction Agreement UTB -1048 will increase the agreement cost by $133,728.08 to a new total cost of $354,330.20 based on the lowest bid WSDOT received for the project. The revised Water Utility share of the total cost is $191,059.31, funded out of the Water Utility Fund 405 repairs and maintenance account 405.000000.015.534.20.48.000. The revised Transportation Division cost share is $163,270.89, which will be funded from the Street maintenance and repair account 003.000000.015.542.95.48.000. The budgets will need to be adjusted as part of the 2023 second quarter budget adjustment by $6,074.31 for Water Utility F und 405, and $123,797.89 for the Street Maintenance and Repair Account. The insurance Fund 502 will reimburse the water utility and street maintenance accounts since these repair costs are due to damages caused by a private 3rd party. SUMMARY OF ACTION: On June 13, 2022, the WSDOT’s Lind Avenue SW Bridge over I-405 was struck by truck carrying a large excavator that damaged the girders on the bridge. WSDOT declared an emergency and the bridge was closed to traffic due to vehicle weight restriction and risk to public safety. The north half of the Li nd Avenue Bridge will need to be replaced to structurally repair the damage to the bridgebefore it can be re -opened for use. The city has 170 Linear Feet (LF) of 12-inch water main and 444 LF of fiber optics cables inside 3-inch conduits attached to the bridge that will need to be removed and then reinstalled on the bridge as part of the WSDOT construction contract to repair the bridge. WSDOT held the bid opening for the I-405 – Lind Avenue SW Bridge Span Replacement Project on May 24, 2023. The low bid for the city work items identified in the WSDOT Utility Construction Agreement (UTB-1048) were higher than what was estimated in the original agreement, which requires the Utility Construction Agreement to be amended. Exhibit “B-1” Estimate of Costs in the Amendment No. 1 to the agreement UTB-1048 lists all bid items that the city will have to pay WSDOT for the removal and reinstallation of the city utilities as part of their Lind Avenue Bridge Repair Project. EXHIBITS: A. Utility Construction Agreement UTB-1048, Amendment No. 1 AGENDA ITEM #6. g) STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to sign the WSDOT Utility Construction Agreement (UTB-1048) Amendment No. 1 for the Public Works Department Utility and Transportation costs associated with the WSDOT Lind Avenue Bridge Repair Project and authorize the adjustments to the budget accounts as part of the 2023 second quarter budget adjustment. AGENDA ITEM #6. g) Page 1 of 2 UTB 1048 Amendment No. 1 UTILITY CONSTRUCTION AGREEMENT UTB 1048, AMENDMENT NO. 1 This Amendment No. 1 is made and entered into between Washington State Department of Transportation, hereafter the “STATE,” and the City of Renton, 1055 South Grady Way Renton, WA 98057, hereinafter the “UTILITY,” collectively referred to as the “Parties” and individually referred to as the “Party.” WHEREAS, the Parties previously entered into Utility Construction Agreement, UTB 1048 (Agreement), on April 18, 2023, which provided for the reimbursement of cost to the STATE for the construction and construction administration for the removal and replacement of approximately 170 linear feet of 12- inch water main, three 3-inch diameter conduits containing fiber optic cables, and approximately 444 feet of 3-inch diameter PVC conduit as part of the STATE’s project, I-405 – Lind Ave SW Bridge Span Replacement. WHEREAS, due to the bid prices for Ductile Iron Pipe for Water Main 12 in. Diam. coming in higher than the engineer’s estimate, an increase in the engineering percentage which in turn increased the engineering percentage dollar amount, an increase in the indirect costs percentage which in turn increased the indirect costs percentage dollar amount, and the inclusion of a contingency cost of 4% required for all WSDOT projects resulting in a necessary revision to Exhibit ‘B’ of the Agreement, and WHEREAS pursuant to Section 7.5 Amendments, the Parties desire to amend the Agreement to modify Exhibit “B” Estimate of Costs, NOW, THEREFORE, pursuant to RCW 47.01.210 and chapter 47.44 RCW, the above recitals that are incorporated herein as if set forth below, and in consideration of the terms, conditions, covenants, and performances contained herein, as well as the attached Exhibit “B-1” which are incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1.All references to Exhibit “B” Estimate of Costs in the Agreement will be replaced with Exhibit “B- 1”. 2.Exhibit “B” Estimate of Costs is hereby replaced in its entirety with Exhibit “B-1” Estimate of Costs, reflecting the change in the cost for the work. 3.The amount payable under the Agreement is hereby increased by One Hundred Thirty-three Thousand Seven Hundred Twenty-eight Dollars and Eight cents ($133,728.08). The “Estimated Agreement Amount” to now show $354,330.20. 4.Section 3.1 is replaced in its entirety by the following: The UTILITY agrees that it shall be responsible for the cost of the Work. The cost of this Work is Three Hundred Fifty-four Thousand Three Hundred Thirty Dollars and Twenty cents ($354,330.20). An itemized estimated cost of the UTILITY- responsible costs for the Work to be performed by WSDOT on behalf of the UTILITY is included in Exhibit “B-1” Estimate of Costs. CAG-23-103 Adden. #1AGENDA ITEM #6. g) Page 2 of 2 UTB 1048 Amendment No. 1 5.All other terms and conditions of the Agreement shall remain in full force and effect except as modified by this Amendment No. 1. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 as of the day and year last written below. CITY OF RENTON By: Print Name: Title: WASHINGTON STATE DEPARTMENT OF TRANSPORTATION By: Print Name: Gregory E. Cook, P.E. Title: Project Engineer Date: Date: Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Shane Moloney City Attorney Armondo Pavone _________________________ Mayor ________________________ AGENDA ITEM #6. g) Relocate UTILITY Water Main and Signal STATE CONTRACT WORK CONTRACT BID ITEMS Item #Unit Description Qty Unit Price Total 0001 LS Mobilization*1 $15,925.40 $15,925.40 6973 LS Other Temporary Traffic Control Devices 1 $9,038.10 $9,038.10 3869 LF Ductile Iron Pipe For Water Main 12 in. Diam. 170 $172.00 $29,240.00 6165 EA Gate Valve 12 in.1 $5,135.00 $5,135.00 XXXX EA Reconnection to Existing Water Main 2 $5,900.00 $11,800.00 XXXX EA Temporary Cut and Cap Existing Water Main And Concrete Blocks 2 $2,370.00 $4,740.00 4230 LS Structural Carbon Steel - Superstr.1 $51,755.00 $51,755.00 XXXX LF Removal of Existing Water Main 170 $52.00 $8,840.00 XXXX EA Fiber Install and Fiber Splicing 2 $17,250.00 $34,500.00 6947 LF Conduit Pipe 3 in. Diam.444 $137.00 $60,828.00 Subtotal $231,801.50 Washington State Sales Tax @ 10.1%$23,411.95 Subtotal $255,213.45 Engineering* @ 17.71%$45,198.30 Subtotal $300,411.75 Contingency @ 4%$10,208.54 Indirect Costs @ 14.55%$43,709.91 Total Estimated State Contract Amount $354,330.20 TOTAL ESTIMATED AGREEMENT AMOUNT $354,330.20 CONSTRUCTION AGREEMENT UTB 1048 WORK BY STATE EXHIBIT "B-1" ESTIMATE OF COSTS * Mobilization cost shall not exceed 10% of the total of all other bid items shown on this schedule. UT 00000 Exhibit "B." Page 1 AGENDA ITEM #6. g) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, APPROVING THE SOUTH KING HOUSING AND HOMELESSNESS PARTNERS 2024 WORK PLAN AND 2024 OPERATING BUDGET. WHEREAS, on May 24, 2019, the City of Renton entered an Interlocal Agreement (ILA) with eight (8) other south King County cities and King County to form the South King Housing and Homelessness Partners (SKHHP); and WHEREAS, pursuant to the ILA, each participating jurisdiction must approve SKHHP’s annual Work Plan to guide the work of SKHHP staff; and WHEREAS, pursuant to the ILA, each participating jurisdiction must approve SKHHP’s annual Operating Budget that includes an itemization of all categories of budgeted expenses and itemization of each Party’s contribution, including in-kind services; and WHEREAS, the purpose of the annual Work Plan and Operating Budget is to provide management and budget guidance, implement the overarching SKHHP mission to work together, and share resources to increase the available options for South King County residents to access affordable housing and to preserve the existing affordable housing stock; and WHEREAS, the 2024 Work Plan includes four goals with corresponding action items that further SKHHP’s mission; and WHEREAS, on May 22, 2023, the SKHHP Executive Board adopted Resolution No. 2023- 01 enacting the 2024 Work Plan and Operating Budget upon approval by the legislative body of each participating party. AGENDA ITEM # 8. a) RESOLUTION NO. _______ 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The City Council approves the 2024 South King Housing and Homeless Partner Work Plan and Operating Budget as adopted by the SKHHP Executive Board and shown in Exhibit A attached hereto. PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2022. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _____________________, 2022. ______________________________ Armondo Pavone, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney RES- EHHS:1942:6/1/23 AGENDA ITEM # 8. a) RESOLUTION NO. _______ 3 EXHIBIT A AGENDA ITEM # 8. a) ------------------------------- Resolution No. 2023-01 May 19, 2023 Page 1 of 7 RESOLUTION NO. 2023-01 A RESOLUTION OF THE EXECUTIVE BOARD OF THE SOUTH KING HOUSING AND HOMELESSNESS PARTNERS (SKHHP), ADOPTING THE 2024 SKHHP WORK PLAN AND OPERATING BUDGET WHEREAS, pursuant to the Interlocal Agreement, the SKHHP Executive Board approves an annual work plan and budget each year to guide the work of SKHHP staff; and WHEREAS, pursuant to the Interlocal Agreement, the annual budget includes an itemization of all categories of budgeted expenses and itemization of each Party’s contribution, including in-kind services; and WHEREAS, upon adoption by the Executive Board, the annual work plan and budget will be transmitted to each participating jurisdiction for approval by their legislative body; and WHEREAS, the budget will not become effective until approved by the legislative body of each jurisdiction and adopted by the SKHHP Executive Board; and WHEREAS, if a party does not approve the work plan or budget in a timely manner, the Executive Board may adopt the budget and work plan with a two-thirds majority vote; and WHEREAS, the purpose of the annual work plan and budget is to provide management and budget guidance, and implement the overarching SKHHP mission to work together and share resources to increase the available options for South King County residents to access affordable housing and to preserve the existing affordable housing stock; and WHEREAS, the 2024 work plan includes four goals with corresponding action items that further SKHHP’s mission. NOW, THEREFORE, THE EXECUTIVE BOARD RESOLVES as follows: Section 1. The Executive Board adopts the 2024 SKHHP Work Plan in Attachment A. Section 2. The Executive Board adopts the 2024 SKHHP Operating Budget in Attachment B. Section 3. Each party’s contribution to SKHHP’s operating budget will be transmitted on an annual basis during the first quarter of the calendar year. Section 4. This Resolution will take effect and be in full force upon approval by the legislative body of each participating jurisdiction. Dated and Signed this __22nd_day of _____May, 2023 _________________________ NANCY BACKUS, CHAIR, SOUTH KING HOUSING AND HOMELESSNESS PARTNERS City of Renton Resolution Exhibit A: Page 1 of 7AGENDA ITEM # 8. a) ------------------------------- Resolution No. 2023-01 May 19, 2023 Page 2 of 7 RESOLUTION 2023-01 – ATTACHMENT A SKHHP 2024 WORK PLAN PURPOSE Establish a 2024 SKHHP work plan and budget that is guided by Executive Board priorities, is consistent with the SKHHP Interlocal Agreement, and furthers SKHHP’s mission. BACKGROUND Established by an interlocal agreement, SKHHP jurisdictions work together and share resources to increase options for South King County residents to access affordable housing and preserve existing affordable housing. The 2024 SKHHP work plan builds on work done in previous years and was developed in collaboration with the Executive Board, Advisory Board, and staff work group. The work plan is organized into four goals with corresponding objectives and action items. Each action is identified by priority as follows: •Higher – Identified as higher priority by Executive Board or is necessary to carry out the Interlocal Agreements •Medium – Identified as mid-level priority •Lower – Identified as lower priority Quarterly budget and progress reports on the status of the work plan elements will be submitted to the SKHHP Executive Board and the legislative body of each member jurisdiction as follows: Quarter 1: May | Quarter 2: August | Quarter 3: November | Quarter 4: February In accordance with the Interlocal Agreement, the 2024 SKHHP work plan and budget will be approved by the SKHHP Executive Board and the legislative body of each member jurisdiction. SKHHP MISSION South King County jurisdictions working together and sharing resources to create a coordinated, comprehensive, and equitable approach to increasing housing stability, reducing homelessness, and producing and preserving quality affordable housing in South King County. GOALS & OBJECTIVES Number Goal Objective 1 Fund the expansion and preservation of affordable housing. Coordinate public resources to attract greater private and public investment for affordable housing in South King County. 2 Develop policies to expand and preserve affordable housing. Share technical information and resources to promote sound housing policy. 3 Serve as advocate for South King County. Provide a unified voice to advocate for South King County needs at a local, regional, and state level. 4 Manage operations and administration. Sustain operational commitments and Interlocal Agreement requirements. City of Renton Resolution Exhibit A: Page 2 of 7AGENDA ITEM # 8. a) ------------------------------- Resolution No. 2023-01 May 19, 2023 Page 3 of 7 Goal 1 Fund the expansion and preservation of affordable housing. Actions Priority of Actions ••• = Higher •• = Medium • = Lower 1.Develop a long-term funding strategy for the Housing Capital Fund and facilitate conversations with member jurisdictions to identify and explore dedicated sources of revenue for affordable housing at the local and regional level. ••• 2.Pool resources from member jurisdictions for the Housing Capital Fund, including SHB 1406 and HB 1590 funds. ••• 3.Manage 2023 Housing Capital Fund funding round including facilitating approval from participating Councils and preparing contract documents. ••• 4.Manage 2024 Housing Capital Fund funding round including adopting annual guidelines, updating application materials, soliciting proposals, and facilitating project selection. ••• 5.Encourage investment by private investors, lenders, and philanthropies.••• 6.Work with member cities and project sponsors to start developing a pipeline of projects to be funded over the next five years. •• Indicators o Number of housing units or number of projects funded with financial support from SKHHP o Number of housing units preserved with financial support from SKHHP o Total dollar amount pooled by member jurisdictions for Housing Capital Fund o Total dollar amount from new sources of revenue added to the Housing Capital Fund o Geographic diversity of applications received for annual Housing Capital Fund funding round City of Renton Resolution Exhibit A: Page 3 of 7AGENDA ITEM # 8. a) ------------------------------- Resolution No. 2023-01 May 19, 2023 Page 4 of 7 Goal 2 Develop policies to expand and preserve affordable housing. Actions Priority of Actions ••• = Higher •• = Medium • = Lower 7.Develop subregional housing preservation strategies and facilitate implementation. ••• 8.Facilitate technical assistance and updates to the Affordable Housing Inventory Dashboard. ••• 9.Build relationships with developers to learn from their perspective the ways to encourage housing development, especially affordable housing. •• 10.Continue to refine and update housing policy matrix.• 11.Convene land use planners to increase coordination and collaboration on housing policy and planning. • 12.Develop SKHHP Executive Board briefings on key housing and homelessness topics, especially as they relate to the goals of the work plan. • Indicators o Number of preservation policies explored with members of the Executive Board o Successful update of data and deployment of the Affordable Housing Inventory Dashboard o Number of relationships built with developers o Number of Executive Board briefings on key housing and homelessness topics City of Renton Resolution Exhibit A: Page 4 of 7AGENDA ITEM # 8. a) ------------------------------- Resolution No. 2023-01 May 19, 2023 Page 5 of 7 Goal 3 Serve as advocate for South King County. Actions Priority of Actions ••• = Higher •• = Medium • = Lower 13.Coordinate with the Advisory Board in collaboration with housing organizations and stakeholder groups to provide education and engagement opportunities for elected officials and community members. •• 14.Work collaboratively with public funders at the state and local levels to promote shared affordable housing goals and equitable geographic distribution of resources. •• 15.Produce public-facing communications content that highlights South King County through social media and newsletters. • 16.Represent SKHHP at relevant local and regional meetings and forums that help advance SKHHP’s mission and provide a voice for increasing access to safe, healthy, and affordable housing in South King County. • Indicators o Number of events or engagement opportunities Advisory Board members organize or support o Number of communications published o Number of meetings, forums, or events attended that advance SKHHP's mission City of Renton Resolution Exhibit A: Page 5 of 7AGENDA ITEM # 8. a) ------------------------------- Resolution No. 2023-01 May 19, 2023 Page 6 of 7 Goal 4 Manage operations and administration. Actions Priority of Actions ••• = Higher •• = Medium • = Lower 17.Develop annual work plan and budget.••• 18.Generate and distribute quarterly progress reports to SKHHP Executive Board and member jurisdictions. ••• 19.Work with administering agency to maintain records and produce regular financial reports for the SKHHP Housing Capital Fund and SKHHP Operating Account. ••• 20.Organize and host monthly Executive and Advisory Board public meetings. ••• 21.Manage the Affordable Housing Inventory Dashboard contract.••• 22.Maintain and update the SKHHP website.•• 23.Advance work on SKHHP Foundation efforts to establish logistics, administration, and pursue federal nonprofit status. •• Indicators o Work plan and budget adopted o Quarterly progress reports prepared and presented to Executive Board o Financial reports and public records maintained o Commitments of the Affordable Housing Inventory Dashboard contract fulfilled o Website maintained o Application submitted for SKHHP Foundation 501c3 status City of Renton Resolution Exhibit A: Page 6 of 7AGENDA ITEM # 8. a) ------------------------------- Resolution No. 2023-01 May 19, 2023 Page 7 of 7 RESOLUTION 2023-01 – ATTACHMENT B 2024 SKHHP Operating Budget Estimated beginning fund balance - January 1, 2024 $ 205,736 Estimated ending fund balance -December 31, 2024 $ 144,877 REVENUES Auburn $ 39,543 Burien $ 22,814 Covington $ 11,407 Des Moines $ 11,407 Federal Way $ 51,710 Kent $ 51,710 Maple Valley $ 11,407 Normandy Park $ 6,084 Renton $ 51,710 Tukwila $ 11,407 King County* $ 51,710 Additional King County* $ 23,290 Interest earnings $ 2,100 Office space (in-kind donation) $ 12,000 TOTAL REVENUES $ 358,299 Spend down balance $ 60,859 TOTAL $ 419,158 EXPENSES Salaries and benefits $ 305,344 Interfund IT $ 31,500 Advisory Board compensation $ 14,400 Office space (in-kind donation) $ 12,000 Other professional services/Misc. $ 6,400 Travel $ 5,250 Professional development $ 5,250 Supplies $ 2,000 Subtotal $ 382,144 Administering agency - 10% admin fee** $ 37,014 TOTAL $ 419,158 *King County contribution based on the population of unincorporated King County is shown as increasing at the same rate as other partner jurisdictions and the additional allocation decreasing to maintain a total contribution of $75,000 per year. **10% administrative fee is calculated as a percentage of operating costs which excludes in-kind donations and carry-forwards. City of Renton Resolution Exhibit A: Page 7 of 7AGENDA ITEM # 8. a)