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HomeMy WebLinkAboutCouncil 08/06/2007 AGENDA RENTON CITY COUNCIL REGULAR MEETING August 6, 2007 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PUBLIC HEARINGS: a. Vacation petition for portion of unopened 128th Ave. SE, south of NE 4th St. (Petitioner: Newforth, LLC; VAC-07-003) b. Vacation petition for portion of Whitworth Ave. S., south of S. 4th St. (Petitioner: TEAM Properties, LLC; VAC-07-002) 4. ADMINISTRATIVE REPORT 5. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer,please walk to the podium and state your name and address for the record, SPELLING YOUR LAST NAME. 6. CONSENT AGENDA The following items are distributed to 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 7/23/2007. Council concur. b. City Clerk reports bid opening on 7/31/2007 for CAG-07-134,NE 4th St./Hoquiam Ave. NE Signal Improvement; three bids; engineer's estimate $279,573.53; and submits staff recommendation to award the contract to the low bidder, Transtech Electric, Inc., in the amount of$289,295. Council concur. c. Human Services Division requests authorization to amend the 2007 Budget to appropriate $37,734 from the General Fund for the Summer Lunch and the Housing Repair Assistance programs, which are funded by grant revenues. Council concur. (See 9.a. for ordinance.) d. Fire Department recommends approval of the Zone 3 Special Operations interlocal agreement with five other South King County fire departments for the sharing of special operations resources. Council concur. (See 9.a. for resolution.) e. Transportation Systems Division recommends approval to accept a$149,646 Federal Aviation Administration grant for the design of the 2008 airport runway paving project. Refer to Transportation (Aviation) Committee. f. Transportation Systems Division recommends approval of a contract in the amount of$149,646 with URS Corporation for engineering and design of the 2008 airport runway paving project. Refer to Transportation(Aviation) Committee. g. Transportation Systems Division submits the annual update of the Six-Year Transportation Improvement Program(TIP) and Arterial Street Plan. Refer to Transportation (Aviation) Committee; set public hearing on 8/20/2007 to consider the TIP. h. Utility Systems Division recommends approval of a grant agreement with King Conservation District Number 9 to accept $50,000 for the Upper Springbrook Creek Restoration project, and approval to amend the 2007 Budget to add the funds to the surface water revenue and 1/411.1 expenditure accounts. Council concur. (See 9.b. for resolution and for 9.b. ordinance.) (CONTINUED ON REVERSE SIDE) 7. CORRESPONDENCE Letter from Kevie Russell, PO Box 2151, Renton, 98056 (owner of property at 2906 NE 7th St.), regarding the division of the right-of-way associated with the vacation of a portion of Index Pl. NE (VAC-07-001). 8. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk(*)may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Committee of the Whole: Council Policies b. Community Services Committee: Appointments to Advisory Commission on Diversity c. Transportation(Aviation) Committee: Kenmore Air Harbor Airport Operating Permit and Agreement; Bahr Aero Airport Operating Permit and Agreement 9. RESOLUTIONS AND ORDINANCES Resolutions: a. Zone 3 Special Operations interlocal agreement(see 6.d.) b. King Conservation District Number 9 grant agreement for Upper Springbrook Creek Restoration project(see 6.h.) Ordinances for first reading: a. 2007 Budget amendment for Summer Lunch and Housing Repair Assistance programs (see 6.c.) b. 2007 Budget amendment for Upper Springbrook Creek Restoration project(see 6.h.) 10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT 116W 12. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Conference Room 5 p.m. Emerging Issues in Transportation/Aviation and Economic Development; Council Policies Council Chambers Approximately 6:30 p.m. Downtown Wayfinding Briefing !limo' Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES.&THURS.AT 11 AM&9 PM,WED.&FRI.AT 9 AM&7 PM AND SAT.&SUN.AT 1 PM&9 PM RENTON CITY COUNCIL Regular Meeting August 6,2007 Council Chambers Monday, 7 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF TONI NELSON, Council President; RANDY CORMAN; DON PERSSON; COUNCILMEMBERS MARCIE PALMER; TERRI BRIERE; DENIS LAW; DAN CLAWSON. CITY STAFF IN KATHY KEOLKER, Mayor; JAY COVINGTON, Chief Administrative ATTENDANCE Officer; ZANETTA FONTES,Assistant City Attorney; BONNIE WALTON, City Clerk; PETER HAHN, Deputy Planning/Building/Public Works Administrator- Transportation;KAREN MCFARLAND,Engineering Specialist; LINDA KNIGHT, Solid Waste Coordinator;ALEX PIETSCH, Economic Development Administrator; SUZANNE DALE ESTEY, Economic Development Director; PREETI SHRIDHAR, Communications Director; CHIEF I. DAVID DANIELS and EMERGENCY MANAGEMENT DIRECTOR DEBORAH NEEDHAM, Fire Department; COMMANDER KENT CURRY, Police Department. PUBLIC HEARINGS This being the date set and proper notices having been posted and published in Vacation: 128th Ave SE, accordance with local and State laws, Mayor Keolker opened the public hearing Newforth, VAC-07-003 to consider the petition to vacate a portion of unopened Queen Ave.NE (formerly 128th Ave. SE) right-of-way, south of NE 4th St., approximately six feet in width and 293 feet in length. (Petitioner: Steve Beck on behalf of Newforth, LLC.) Engineering Specialist McFarland reported that 100 percent of the abutting property owners have signed the vacation petition, and the area does not contain any City-owned facilities. She stated that the request is associated with the petitioner's intent to create two buildable lots, and according to the petitioner, the public benefits by having this property put back into productive use. Ms. McFarland indicated that the vacation request was circulated to various City departments and outside agencies for review and no objections were raised. In conclusion, Ms. McFarland stated that staff recommends approval of the vacation subject to the retainage of an easement over the entire area for a future water line extension. Public comment was invited. Steve Beck, 4735 NE 4th St., Renton, 98059, said Newforth, LLC owns the property located directly east of and adjacent to the east property line of the vacation area, and the property located directly west of and adjacent to the west property line of the vacation area. He detailed the history of the subject right- of-way and the problems surrounding the documentation of the right-of-way on the tax assessor's maps. Pointing out that Newforth's lot line adjustment application is on hold pending the outcome of this proposal, Mr. Beck urged Council to grant the vacation. There being no further public comment, it was MOVED BY CLAWSON, SECONDED BY BRIERE, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. y August 6, 2007 Renton City Council Minutes Page 265 MOVED BY BRIERE, SECONDED BY LAW, COUNCIL APPROVE THE VACATION REQUEST SUBJECT TO THE RETENTION OF AN EASEMENT OVER THE ENTIRE AREA FOR THE FUTURE WATER LINE EXTENSION. CARRIED. Vacation: Whitworth Ave S, This being the date set and proper notices having been posted and published in TEAM Properties, VAC-07- accordance with local and State laws, Mayor Keolker opened the public hearing 002 to consider the petition to vacate a portion of Whitworth Ave. S. right-of-way (ROW), south of S. 4th St., approximately 60 feet in width and 100 feet in length. (Petitioner: Brian Allen on behalf of TEAM Properties, LLC.) Engineering Specialist McFarland stated that 100 percent of the abutting property owners have signed the vacation petition, and the area contains City- owned water, wastewater, and surface water facilities. She indicated that the petitioner plans to use the requested vacation area in the proposed development of the ATS Automation Addition project(LUA-07-003). Ms. McFarland reviewed the petitioner's reasons why the vacation will benefit the public. Upon circulation of the petition to various City departments and outside agencies, Ms. McFarland reported that the Utility Division asked that an easement be retained and that sufficient area be provided for a boring pit. The Transportation Division requested that vehicular turnaround access be provided and that ROW be turned back to the City should the BNSF Railway Company ROW be abandoned. Finally, she reported that the Economic Development Department objected to the vacation request for the following reasons: interim land use of the parking lot would be perpetuated, higher density development which may require the requested ROW is anticipated, and future use of the railroad ROW is unknown. Councilmember Briere expressed concern that the property to the west of the vacation area will have no access. Correspondence was read from Louis Barei, 614 S. 18th St., Renton, 98055, owner of property located at 417 Whitworth Ave. S., requesting that the end of Whitworth Ave. S. be made wider so that U-turns can more easily be conducted. Public comment was invited. Mark DeWitt, 4735 NE 4th St., Renton, 98059, owner of property located at 424 Whitworth Ave. S., reported that the vacation request is a result of a City condition placed upon the proposed development. He stated that the vacation request violates City Code since a cul-de-sac is required for any dead end street over 300 feet in length. Mr. DeWitt expressed concern that if he or his neighbors develop were to develop property in the future, a cul-de-sac would be needed farther up the street, which would entail taking large portions of the smaller lots. Brian Allen, 450 Shattuck Ave. S., Renton, 98057, vacation petitioner, stated that in 2000, TEAM Properties purchased the old Milwaukee Substation building that now houses companies that provide approximately 140 jobs in Renton. He explained that TEAM Properties owns property adjacent to the east and west sides of the vacation area, and due to the lack of space in the building, a building expansion is being sought. MOVED BY BRIERE, SECONDED BY CORMAN, COUNCIL ALLOW THE SPEAKER ANOTHER FIVE MINUTES. CARRIED. • T August 6,2007 Renton City Council Minutes Page 266 Mr. Allen assured that access will be provided to the parcel to the west of the vacation area. Additionally, he noted that TEAM Properties has signed a neighborhood agreement with St. Anthony Church to allow members to park in TEAM Properties'lots on nights and weekends. Mr. Allen listed the benefits of the vacation, including mitigating Whitworth Ave. S. traffic, fencing off railroad transients from the neighborhood, cleaning up garbage accumulation at street end, and allowing parking access to neighbors during non-business hours. He assured that the BNSF ROW will be turned back to the City if abandoned, and that vehicular turnaround access will be provided. Finally, he relayed that the City staff told him the use of cul-de-sacs is not enforced in the urban core. Responding to Councilmember Corman's inquiry, Fire Chief Daniels indicated that although he has not reviewed this matter, typically cul-de-sacs are not needed in the downtown core as buildings can be accessed by the Fire Department on another side. In response to Councilmember Briere's question, Mr. Allen said that access to the parking will be from Shattuck Ave. S. There being no further public comment, it was MOVED BY BRIERE, SECONDED BY CLAWSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL REFER THE VACATION PETITION FOR A PORTION OF WHITWORTH AVE. S. TO THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. ADMINISTRATIVE Chief Administrative Officer Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2007 and beyond. Items noted included: The Renton Police Athletic Association donated $250 to the Community Services Athletic Association for its Recreation Division Scholarship Program. Children 14 and younger are invited to attend the Annual Kennydale Splash Day at Kennydale Beach Park on August 8. AUDIENCE COMMENT Kevie Russell, 2906 NE 7th St.,Renton, 98056, reading from his letter on the Citizen Comment: Russell - topic of the vacation of a portion of Index Pl. NE, expressed his objection to a Index PINE, A&D Quality 15-foot-wide strip, which the City wants to retain as a pedestrian right-of-way, Construction Company, VAC- being taken out of his portion of the area to be vacated. He requested that the 07-001 pedestrian right-of-way be taken out of the center of Index Pl. NE, one-half from each parcel, so he will not be left with a ten-foot strip of land separated from the rest of his parcel by the pedestrian right-of-way. Additionally, Mr. Russell noted that a walkway currently exists to the east of the subject property. MOVED BY BRIERE, SECONDED BY LAW, COUNCIL REFER THIS CORRESPONDENCE TO THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. Citizen Comment: McOmber- Howard McOmber,475 Olympia Ave. NE, Renton, 98056, speaking on the Index PINE, A&D Quality topic of the vacation of a portion of Index Pl. NE, stated that Index Pl. NE is not Construction Company, VAC- an asset for the Highlands neighborhood and he wants the area to be vacated. 07-001 He objected to the retainage of a strip of land from the aforementioned speaker's portion of the vacation area for a pedestrian right-of-way,pointing out that a pedestrian right-of-way already exists near the vacation area and should sufficiently serve the neighborhood. August 6,2007 Renton City Council Minutes Page 267 Councilmember Briere suggested that Mr. McOmber(who is a member of the Highlands Task Force)bring forward the topic of pedestrian walkways for discussion by the task force. Citizen Comment: Persson- Terry Persson, 2821 NE 8th Pl., Renton, 98059, spoke on the topic of the Index PINE, A&D Quality vacation of a portion of Index Pl. NE. He displayed photographs and a map Construction Company, VAC- showing public walkways and a public use area that already exists in the area. 07-001 Mr. Persson expressed support for Mr. Russell's original request to vacate the street, saying that an additional pedestrian right-of-way is not necessary. Citizen Comment: Gitchel - T- Chuck Gitchel,4401 SE 3rd Pl., Renton, 98059, stated that T-Mobile is Mobile Monopole Placement, proposing to place a 60-foot cell phone tower near his house. He expressed SE 3rd Pl, CU-07-065 concerns regarding the radiation hazard and the reduction of the value of his property. Mr. Gitchel noted that nothing has been done since he last spoke to Council on the matter. Mayor Keolker reported that the proposal is still going through the administrative process. Citizen Comment: Mears - T- Doug Mears, 4308 SE 3rd Pl., Renton, 98059, expressed his opposition to T- Mobile Monopole Placement, Mobile's proposal to locate a cell phone tower in his neighborhood. He voiced SE 3rd Pl, CU-07-065 concerns about the electromagnetic radiation and the negative effect the tower will have on property values. Councilmember Persson pointed out that if Council takes any type of action at this time, Council may be precluded from acting on the matter in the future if the issue is ultimately appealed to the Council. Mayor Keolker reviewed the administrative conditional use permit process for this project. Assistant City Attorney Fontes noted that the Administration is proceeding with its review and decision on the matter,which is expected to be released in a few weeks. Citizen Comment: Demps - Keith Demps, 2308 NE 24th St., Renton, 98056, spoke on the issue of his Index P1 NE, A&D Quality request to vacate a portion of Index Pl. NE. He indicated that he already went Construction Company, VAC- through the vacation process, which included obtaining the adjacent property 07-001 owner's signature on the petition(Kevie Russell). Mr. Demps expressed concern that he will have to start the process over again because of the adjacent property owner's concerns, and the City's decision to retain right-of-way for a trail. Councilmember Corman assured Mr. Demps that he will not have to start the process over again. He indicated that the Council still has flexibility to modify the vacation and needs time to resolve the questions surrounding the matter. Councilmember Briere assured that the Planning and Development Committee will review the matter this week. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. At the request of Councilmember Palmer, items 6.e. and 6.f. were removed for separate consideration. Council Meeting Minutes of Approval of Council meeting minutes of 7/23/2007. Council concur. 7/23/2007 CAG: 07-134,NE 4th City Clerk reported bid opening on 7/31/2007 for CAG-07-134,NE 4th St/Hoquiam Ave NE Signal St./Hoquiam Ave. NE Signal Improvement; three bids; engineer's estimate Improvement, Transtech $279,573.53; and submitted staff recommendation to award the contract to the Electric low bidder, Transtech Electric, Inc., in the amount of$289,295. Council concur. August 6,2007 Renton City Council Minutes Page 268 Human Services: Summer Human Services Division requested authorization to amend the 2007 Budget to Lunch &Housing Repair appropriate $37,734 from the General Fund for the Summer Lunch and Housing Assistance Programs, Budget Repair Assistance programs, which are funded by grant revenues. Council Amend concur. (See page 272 for ordinance.) Fire: Zone 3 Special Fire Department recommended approval of the Zone 3 Special Operations Operations Interlocal interlocal agreement with five other South King County fire departments for the Agreement sharing of special operations resources. Council concur. (See page 271 for resolution.) Transportation: 2008-2013 TIP Transportation Systems Division submitted the annual update of the Six-Year Transportation Improvement Program(TIP) and Arterial Street Plan. Refer to Transportation (Aviation) Committee; set public hearing on 8/20/2007 to consider the TIP. Utility: Upper Springbrook Utility Systems Division recommended approval of a grant agreement with Creek Restoration, King King Conservation District Number 9 to accept$50,000 for the Upper Conservation District Number Springbrook Creek Restoration project, and approval to amend the 2007 Budget 9, Budget Amend to add funds to the Surface Water revenue and expenditure accounts. Council concur. (See page 271 for resolution and 272 for ordinance.) MOVED BY NELSON, SECONDED BY LAW, COUNCIL APPROVE THE CONSENT AGENDA AS AMENDED TO REMOVE ITEMS 6.e. AND 6.f. FOR SEPARATE CONSIDERATION. CARRIED. Separate Consideration Transportation Systems Division recommended approval to accept a$149,646 Item 6.e. Federal Aviation Administration grant for the design of the 2008 airport runway Airport: 2008 Runway Paving paving project. Design, FAA Grant Separate Consideration Transportation Systems Division recommended approval of a contract in the Item 6.f. amount of$149,646 with URS Corporation for engineering and design of the Airport: 2008 Runway Paving 2008 airport runway paving project. Design, URS Corporation MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL APPROVE ITEMS 6.e. AND 6.f. CARRIED. (See page 272 for FAA grant resolution.) CORRESPONDENCE Mayor Keolker noted that the correspondence was read by the submitter,Kevie Citizen Comment: Russell - Russell, during Audience Comment. Index PINE, A&D Quality Construction Company, VAC- 07-001 UNFINISHED BUSINESS Council President Nelson presented a Committee of the Whole report regarding Committee of the Whole the Council policies. The Committee recommended that Council adopt the Council: Policies revisions to the 800 series of the City of Renton policies and procedures. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT.* Councilmember Clawson objected to the change to policy#800-12, Contracting Authority, pertaining to the contract approval amounts. He explained that according to State law, the Administration can go forward with public works contracts under$30,000 for a single craft or trade and under$50,000 for a multiple craft or trade, and with non-public works contracts under$50,000. Contracts over those amounts require Council approval. Mr. Clawson indicated August 6, 2007 Renton City Council Minutes Page 269 that the change to the policy requires Council approval of all public works contracts $30,000 and over and all non-public works contracts $20,000 and over. Pointing out that as Council already approves the money via the budget process, Councilmember Clawson indicated that this matter is worthy of discussion. He expressed support for the current contract approval amounts,noting the importance of balancing efficiency and process. Mr. Clawson noted Renton's strong-mayor form of government, and said he does not want the Mayor taking avNay the Council's authority or vice versa but feels that the proposed change goes too far. He indicated that in any city,problems and disputes occur between the Council and Mayor, and he recommended resolving the problems rather than changing the policy. Continuing, Mr. Clawson stated that the Administration does need to speed up the process in providing the Council with more information about the contracts; however, he disagreed with further restricting the Administration by reducing the contract approval amounts. Councilmember Persson said it is irresponsible for Council not to review the contracts at those amounts. He estimated that 50 contracts a year would fall under the criteria, which results in a total estimated contract amount of$2.5 million. Mr. Persson expressed his frustration regarding being unable to get a list of every contract the City has,and stressed that as the Finance Committee Chair, it is important that he has information about the contracts, including when they expire. Councilmember Corman noted the separation of powers issues that occur in government that make the Council responsible, from a fiduciary standpoint, to the degree that Council reviews every single City expenditure. He expressed his support for Councilmember Persson's desire to have advanced knowledge of contract-related expenditures, as Mr. Persson is reviewing the expenditures on behalf of the taxpayers. Mr. Corman stated that presentation of the contracts on the Council meeting agenda under Consent Agenda will not slow down City business. Councilmember Briere agreed with Councilmember Clawson's position, noting the issue of trust. She pointed out that Council reviews the departments' budgets and trusts that staff will move forward with what they need to do and follow the requirements. Ms. Briere recommended allowing staff to do their work without a lot of delays from Council. She agreed that a list of contracts is necessary, noting that some lists already exist and that the Administration is working towards that end. Ms. Briere supported continuing with the current Council contract approval limits. Councilmember Corman indicated that the issue is not trust-related and assured that he does not want to micromanage the departments. He countered that Council is unable to anticipate during the budget process every opportunity that will come before the City in the following year. Referring to the unanticipated matter of the Sonics Stadium assessment contract, Mr. Corman stated that City expenditures should match what Council wants to spend the money on. He explained that it is not an issue of trust, but rather a policy decision matter. Mayor Keolker agreed that the City could not have anticipated that particular policy decision. She indicated that the Sonic Stadium assessment contract was August 6, 2007 Renton City Council Minutes Page 270 brought before Council even though the contract amount was under the Council approval limits because the Administration knew Council would be interested in the matter. Councilmember Corman noted the problems surrounding this matter between the Finance Committee Chair and the Economic Development Administrator, pointing out that if the contract approval amount had been lower, it would have simply been normal operation rather than a battle of wills,. Councilmember Clawson also noted the problems surrounding the Sonics Stadium issue,but pointed out that policy should not be changed based upon one incident. He indicated that the changes may be in effect for many years, and rather than changing something due to personality differences, decisions must be based on what is good for the long run. Mr. Clawson noted the potential for abuse if the contract amount approval limits are lowered. Councilmember Law disagreed with Mr. Clawson, stating that staff has been unable to show that putting the contracts through the Council approval process will involve a lot of extra time. He pointed out that examining the expenditures of contracts that were not budgeted initially and amount to upwards of$2.5 million a year is not a process that should be considered onerous or intrusive. Councilmember Clawson noted that the basis of the matter is an issue of trust. Councilmember Persson indicated that the proposed change is not just based on one issue, as he has been trying to obtain information about contracts for the last three and a half years. He noted the importance of Council having a say in the expenditure of$2.5 million a year. Councilmember Briere pointed out that the Administration has been and is making strides to provide the desired contract information. At the request of Ms. Briere, Councilmember Persson detailed the contract information he needs. Council President Nelson expressed concern that the public may feel that the Council does not know what is going on. Noting that she has previously been a member of the Finance Committee, Ms. Nelson explained how the committee members review all the expenditures of the City and how answers are obtained for those questions that require more research. Ms. Nelson pointed out that amount of time Council has spent debating this issue, and called for the question. The motion was seconded by Briere. The motion to end debate died for lack of a prevailing vote. Councilmember Corman agreed that the Administration keeps excellent records of past expenditures. He clarified that Councilmember Persson wants knowledge of future expenditures for purposes of getting in front of those expenditures and for determining whether the money that is going to be spent fits the priorities. Mr. Corman said he wants advanced knowledge of the expenditures, especially if it is going to amount to $2.5 million in the coming year. He pointed out that the community selects seven councilmembers and one mayor to make a team, and it is not a matter of one side winning and the other side losing, it is a matter of everyone doing their best. *MOTION TO CONCUR IN THE COMMITTEE OF THE WHOLE REPORT REGARDING COUNCIL POLICIES. ROLL CALL: FIVE AYES: NELSON, CORMAN, PERSSON, PALMER, LAW; TWO NAYS: BRIERE, CLAWSON. CARRIED. • August 6,2007 Renton City Council Minutes Page 271 Mayor Keolker stated that she has 100 percent confidence in the administrative team to provide whatever information Council needs in addition to the information that is already being provided. Community Services Community Services Committee Chair Corman presented a report regarding the Committee appointments to the Advisory Commission on Diversity. The Committee Appointment: Advisory recommended concurrence in Mayor Keolker's appointments of Serena Aquino Commission of Diversity (term expires 12/31/2009),Audrey Godwin(term expires 12/31/2009), Raymond Lam(term expires 12/31/2007), and Erica Rehberg(term expires 12/31/2009) to the Advisory Commission on Diversity. MOVED BY CORMAN, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Mayor Keolker stated that due to the Community Services Department's outreach efforts,the City is receiving more applications for boards and commissions than has occurred in the past. Transportation (Aviation) Transportation (Aviation)Committee Chair Palmer presented a report Committee recommending concurrence in the staff recommendation to approve an Airport: Kenmore Air Harbor operating permit and agreement with Kenmore Air Harbor, Inc. for its sublease Operating Permit& Sublease from BHC (Beaver Hangar Corporation), Inc. The Committee further recommended that the Mayor and City Clerk be authorized to sign the operating permit and agreement with Kenmore Air Harbor, Inc. for its sublease from BHC, Inc.* Councilmember Palmer reported that this operating permit is not scheduled seaplane business. *MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Airport: Bahr Aero Operating Transportation (Aviation) Committee Chair Palmer presented a report Permit& Sublease recommending approval of an operating permit and agreement with Bahr Aero for its sublease from Aerodyne, LLC. The Committee further recommended that the Mayor and City Clerk be authorized to sign the operating permit and agreement with Bahr Aero for its sublease with Aerodyne, LLC.* Councilmember Palmer pointed out that Bahr Aero performs consulting and helps pilots purchase airplanes. *MOVED BY PALMER, SECONDED BY PERSSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following resolutions were presented for reading and adoption: ORDINANCES Resolution #3896 A resolution was read authorizing the Mayor and City Clerk to enter into an Fire: Zone 3 Special interlocal agreement with South King Fire and Rescue (King County Fire Operations Interlocal Protection District No. 39), the fire departments of the cities of Kent, Tukwila, Agreement and the Port of Seattle, and the Valley Regional Fire Authority, entitled "Interlocal Agreement Zone 3 Special Operations." MOVED BY LAW, SECONDED BY BRIERE, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #3897 A resolution was read authorizing the Mayor and City Clerk to enter into a grant Utility: Upper Springbrook agreement with King Conservation District Number 9 regarding the Upper Creek Restoration, King Springbrook Creek Restoration project. MOVED BY CLAWSON, Conservation District Number SECONDED BY LAW, COUNCIL ADOPT THE RESOLUTION AS READ. 9, Budget Amend CARRIED. August 6,2007 Renton City Council Minutes Page 272 Added A resolution was read authorizing the Mayor and City Clerk to sign a Federal Resolution #3898 Aviation Administration grant for the engineering and design phase of the 2008 Airport: 2008 Runway Paving airport runway paving project. MOVED BY PALMER, SECONDED BY Design, FAA Grant BRIERE, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 8/13/2007 for second and final reading: Human Services: Summer An ordinance was read amending the 2007 General Fund Budget to appropriate Lunch&Housing Repair $37,734 for the Summer Lunch and Housing Repair Assistance programs, Assistance Programs, Budget which are funded by grant revenues. MOVED BY PERSSON, SECONDED Amend BY CLAWSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 8/13/2007. CARRIED. Utility: Upper Springbrook An ordinance was read amending the 2007 Budget by increasing the amount of Creek Restoration, King funds in the Surface Water revenue account and expenditure account by Conservation District Number $50,000 pursuant to the Upper Springbrook Creek Restoration project 9, Budget Amend agreement with the King Conservation District Number 9. MOVED BY CLAWSON, SECONDED BY BRIERE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 8/13/2007. CARRIED. NEW BUSINESS In response to Councilmember Corman's questions pertaining to citizen Solid Waste: Sustainable Solid comments regarding the Sustainable Solid Waste Collection pilot program, Waste Collection Pilot Solid Waste Coordinator Knight explained that the five-month pilot program, Program which runs from August 13 to December 31, is being conducted only in the Glencoe and Tiffany Park general neighborhoods. She expressed her concern that by placing the pilot program's information on the City's website, confusion may occur for regular solid waste customers who are not in the pilot area. Therefore, to prevent confusion, a specific website for the pilot participants was launched. Ms. Knight indicated that a link to that specific website will be placed on the City's website. Responding to Councilmember Clawson's inquiries, Ms. Knight reviewed the pilot program's collection schedule, food waste disposal, and container sizes. She stated that data collected from the survey given at the end of the pilot program will guide decisions about the City's future solid waste contract. Transportation: Permit-Parking Councilmember Persson recommended listing the permit-only parking hours on Hours Listing on Parking Lot the parking signs at the City's parking lot located behind the RAYS building on Signs S. 3rd St. Planning: Low Impact Pointing out that the City is using older methods to handle stormwater runoff, it Development Regulations was MOVED BY CLAWSON, SECONDED BY BRIERE, COUNCIL REFER LOW IMPACT DEVELOPMENT REGULATIONS TO THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. AUDIENCE COMMENT In response to the comment by Chuck Gitchel, 4401 SE 3rd Pl., Renton, 98059, Citizen Comment: Gitchel -T- Councilmember Persson assured that Mr. Gitchel is not wasting Council's time Mobile Monopole Placement, by expressing his concerns regarding the potential placement of a monopole in SE 3rd PI, CU-07-065 his neighborhood. August 6,2007 Renton City Council Minutes Page 273 ADJOURNMENT MOVED BY CLAWSON, SECONDED BY PERSSON, COUNCIL ADJOURN. CARRIED. Time: 9:32 p.m. Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann, August 6, 2007 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING August 6, 2007 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 8/13 2nd Quarter Financial Report; (Nelson) 6 p.m. 2008 Budget/CIP Priorities COMMUNITY SERVICES (Corman) FINANCE MON., 8/13 Vouchers; (Persson) 4:30 p.m. Reimbursement Authority for Bond Proceeds; Maplewood LLC Utility Bill Adjustment; $60 Water Shut Off Charge; Scoccolo Lawsuit PLANNING & DEVELOPMENT THURS., 8/09 Political Sign Placement; (Briere) 1:30 p.m. 2007 Comprehensive Plan Amendments; Vacation Petition for Portion of Index Pl. NE (VAC-07-001) PUBLIC SAFETY (Law) TRANSPORTATION (AVIATION) (Palmer) UTILITIES THURS., 8/09 Surface Water Utility Master Plan (Clawson) 3 p.m. NOTE: Committee of the Whole meetings are held in the Council Chambers unless otherwise noted. All other committee meetings are held in the Council Conference Room unless otherwise noted. 41.4 City or -4 .°1 yotc47, ,7,• .1* F. f •P 0.0011014 " tettinkatSeMatilt DESCRIPTION-t The City Council will hear a proposal requesting the vacation of a portion of unopened Queen Ave NE (formerly 128th Ave SE) right-of-way, approximately 6' in width and 293' in length. The requested vacation area is shown on the accompanying map exhibit. SUMMARY: A vacation petition was received on May 14, 2007, from Steve Beck, on behalf of Newforth, LLC. The portion of right-of-way included in this petition was dedicated to the City on August 30, 1978 by Arthur Swanson through a quitclaim deed. The City has no facilities in the area of this vacation. However, the Water Utility would need to retain an easement for future waterline extension. The petitioner plans to use the requested vacation area to create two buildable lots within the Commercial Arterial Zone. As established by RCW 35.79.030, the right-of-way vacation petition, if granted, must be approved by the City Council through ordinance after a public hearing is held. The City shall receive compensation in accordance with RCW 35.79.030 for the vacated right-of-way. The ordinance shall be recorded with King County once it is in effect. 4,' . Vicinity• :Map i Vacation VAS - -� ' P- t t flee:•.`i e`f+ h LLQ • . . . NES.4th t nwood• • . I.',. :;•,,,,II:.,'.•• :,',, : ,L,:: krea of :`Me -:''''-''-' ••' 71' moi a1 . Vacation Reque : ' . , Cemetery , Vicinity Mai ,- .. 4, aS;, 0 0 nt _ Me orial � i � : . Cemetery ''-' --.11----• -rV1.-•-- -.! • ci,) : :M •C' LOCATION Public Hearing on o D VACATION PETITION VAC-07-003 August 6,2007 RENTON k LOCATION [OCATION p ... uuuuuu�� i IIIIi���r i Hamize .021111._ . � a ((fj .I��r.'pwmlmk t //Rentor_ °1111 �1 �� 4 '5a,y* ;� College i - ht II irilikriti.-.--Ewe Ill 1IIII b .. .1 _ .° i4 Greenwood �i.`-�� =i # Memorial Ei;" ® '. -2','-:',-',7,''::,-t.'''', x i 4 Cemetery Illrni�u h, l s. IIII •nm .°ir a� tit ounty _ Area l �il, wi ritwaq ; ops city Vacatiel e�..714 V. Shops Rgpug• ;ijd...iiid6._ f ; +r1q B. • •1� °�� .� t I '� m 1 � = BACKGROUND 1 1-. • Petition received May 2007 3 , � '. -7---':1-,4 • Pursuant to State and City Code,more ,-` t ,6 than 2/3 of the abutting owners must sign the petition : • 100%of abuttingowners have signed 4 � �vt��� 2-A a.�':. ..fix.. 4 i �nvJ11 ' 1 BACKGROUND PUBLIC BENEFIT • Right-of-way dedicated by Arthur •Request associated with the Swanson through a quitclaim deed petitioner's intent to create two on August 30, 1978 buildable lots • City has no facilities in requested area. •According to the petitioner,the public Water Utility has identified this area benefit would be to put this property as necessary for a future waterline back to productive use. extension RESEARCH/SURVEY RESEARCH/SURVEY Internal Review Comments • Vacation request was circulated to • Water Utility(PBPW): various City departments and outside - no objection provided that an easement be agencies for review retained over the entire area for a future waterline extension • There are no objections to this request RESEARCH/SURVEY The Planning/Building/Public Works Outside Agency Review Comments Department recommends that Council approve the request to vacate subject to the following • QWEST and Electric Lightwave/Integra conditions: Telecom have no facilities in the requested vacation area and have indicated that no V An easement shall be retained over the entire easements are needed. area for a future waterline extension. • To date,Comcast and PSE have not responded to the City's request for comments. 2 NEXT STEPS The Planning/Building/Public Works Department recommends that Council approve the request to vacate subject to the following If Council approves this vacation petition: conditions: • Petitioner orders and submits an ✓An easement shall be retained over the entire appraisal; area for a future waterline extension. • Staff reviews the appraisal and returns to Council so that compensation can be set. • 3 RECEIVEd CY � PLANNING/BUILDING/ �� ® •♦ PUBLIC WORKS DEPARTMENT AUG 6 2007 • RENTON CiTy CouNCil ' TD M E M O R A N D U M DATE: August 2, 2007 TO: Terri Briere, Committee Chair Members of the Planning & Development Committee FROM: Gregg Zimmerman, Administra f'+ STAFF CONTACT: Karen McFarland, Technical Services Engineering Specialist (ext. 7209) SUBJECT: Briefing—Proposed Vacation, VAC-07-003; Approximately 6' x 293' Portion of Queen Ave NE, South of NE 4th Street ISSUE: Does Council wish to approve vacation petition VAC-07-003, as shown on the attached map, to vacate a portion of Queen Ave NE (formerly 128th Ave SE), south of NE 4th Street? RECOMMENDATION: ,fiv s+ aferd`f(3Y-1 • - • - - • • --- vacate a portion of Queen Ave NE. Salo c,iP, ^ BACKGROUND SUMMARY: v '""" t� '� to A vacation petition was received on May 14, 2007, from Steve Beck, on behalf of Newforth, LLC. City Code requires that more than two-thirds of the owners whose property abuts the right-of-way to be vacated must sign the petition; 100 percent of the abutting property owners have signed this petition. As shown on the attached map, this petition (VAC-07-003),proposes to vacate a portion of Queen Ave NE (formerly 128th Ave SE), immediately south of NE 4th Street. The portion of right-of-way included in this petition was dedicated to the City on August 30, 1978, by Arthur Swanson through a quitclaim deed. The City has no facilities in the area of this vacation. However, the Water Utility has identified this area as necessary for a future waterline extension. The petitioner plans to use the requested vacation area to create two buildable lots within the Commercial Arterial Zone. Council/VAC 07-003 Briefing August 2,2007 Page 2 of 3 RESEARCH/SURVEY: The current proposed street vacation request was circulated to various City departments and outside agencies for comments. Internal Review The following City departments had no objection to the proposed right-of-way vacation: • Community Services Department • PBPW Department/Surface Water Utility • PBPW Department/Maintenance Division • Fire Department Fire Prevention • Police Department • PBPW Department/Development Services Division • PBPW Department/Wastewater Utility • EDNSP Department The PBPW Department's Water Utility had no objection to the proposed vacation request provided that an easement be retained over the entire area for a future waterline extension. The 'B P ..rtm•nt's Trans.• ation Sys - s Div• •• •.dm • . - • .' •� p o•o -d v.. ation , _�-•_ � i�' ' •-. • e �'�'� f itur- •=,-��'4 "4 Zi�ltlr01110raar a P atthirtensio • r laillat ve N: ""'. •-e's' c uded in the City's a.opted NE d' E 4 Corn•or • . ' - t Ilan." Outside Agency Notification The following outside agencies were notified about the proposed vacation: • Puget Sound Energy(PSE) • Qwest • Comcast • Electric Lightwave/ Integra Telecom The status of the outside agency comments is as follows: • Qwest and Electric Lightwave/Integra Telecom have no facilities in the requested vacation area and have indicated that no easements are needed. • To date, Comcast and PSE have not responded to the City's request for comments, and thus have shown no interest in the proposed vacation. H:\File Sys\PRM-Property Services Administration\PRM-25 -Street Vacations From 1990 and Forward\0059\BP_07003.DOCKLMtp Council/VAC 07-003 Briefing August 2,2007 Page 3 of 3 CONCLUSION: A survey of various City departments and outside agencies was conducted by staff. hee-- i-.. - -. ' el . soli . '. , Sy - . Di h.: 1,s'- . e - : t-. n r-. • e=::. fo .- C. s tur= ..d . • - Thus, staff recommends t,Q petitioner's request to vacate a portion of unopened Queen Ave NE right-of-way. After the close of the public hearing on August 6, 2007, Council needs to either approve or deny this vacation petition. If Council decides to approve this petition, the next step in this process will be for the applicant to submit an appraisal. After the appraisal has been reviewed, staff will return to Council with a recommendation for compensation and Council will determine the compensation amount. Attachment cc: Kathy Keolker,Mayor Jay Covington,Chief Administrative Officer Lys Hornsby,Utility Systems Director Dave Christensen, Wastewater and Technical Services Supervisor Jennifer Henning, Development Services Current Planning Manager Elizabeth Higgins,Development Services Senior Planner File H:\File Sys\PRM-Property Services Administration\PRM-25-Street Vacations From 1990 and Forward\0059\BP_07003.DOC\KLMtp Vicinity Map Street Vacation VAC-07-003 Petitioner: Newforth, LLC NE 4th St Greenwood Area of Memorial Vacation Request Cemetery Vicinity Map -Z III 'C:19 0 100 200 4 Greenwood .111Laa Memorial 1 : 1200 = Cemetery 41111 Technical Services C ■� ♦�♦ Pannnagr// uing/Public Works Y, O July 11, 2007 MIME 111 ticY o City of Renton PUBLIC INFORMATION HANDOUT August 6, 2007 STREET VACATION PETITION VAC-07-002 For additional information, please contact: Karen McFarland; City of Renton Technical Services 425.430.7209 DESCRIPTION: The City Council will hear a proposal requesting the vacation of a portion of Whitworth Ave S right-of-way, approximately 60' in width and 100' in length. The requested vacation area is shown on the accompanying map exhibit. ,rr SUMMARY: A vacation petition was received on April 4, 2007, from Brian Allen, on behalf of TEAM Properties, LLC. The portion of right-of-way included in this petition was conveyed in the Plat of Smither's 4th Addition to the Town of Renton on October 3, 1903. The City has Water, Wastewater and Surface Water facilities in the area of this vacation. The petitioner plans to use the requested vacation area in the proposed development of ATS Automation Addition Project (LUA07-003). As established by RCW 35.79.030, the right-of-way vacation petition, if granted, must be approved by the City Council through ordinance after a public hearing is held. The City shall receive compensation in accordance with RCW 35.79.030 for the vacated right-of-way. The ordinance shall be recorded with King County once it is in effect. Vicinity Map Street Vacation VAC-07-002 Petitioner: TEAM Properties I(11) C) a 12 Area of 4.1 NW facaUonReçues 113 Is U) t011 VV‘14 itiL S 5th St oev-.may t.of icoSo Vicinity Map wigs �o+ a /0. _ _..i - r. 0 100 200 '- -� == - 111111.11111.; .. till. r PPX or. =tri CO 1 : 1200 • 1Niod � — Technical Services ' j�'- QPlanning/Building/Public Works �_ _ K. McFarland m j/ July 11, 2007 �— Ch I 1 1l LOCATION Public Hearing on VACATION PETITION • VAC-07-002 0 August 6,2007 RF-N N f ;1 LOCA ►'1 eo�� _,,, ,- ,,--, . - , _ _,a,� =� ,,. , Fred Meyer ,N\M.Lendon'.111 minim=11i _� . „ •,_ �_ ."' Shopping 4\ LI �_� ,'- , .. .. nter Area of _ Ott': 111 lir d � � ��� Vacation: z , ■� Request: �„,,,,,.„,..:,,,::,,,:::,,,,,,,:k M1 � : -1 4, ::::,1,:,,,,,,,,,,,i,ittiTiiir:::11.ii i....,,,,,,i,,,,:;77:::ii. ii.:,.,,...:77,1171:,,,,....„7_4;1,:.,,,i; A1111-i p..-,- , I Y yr V\ � k I Q;: `gib` ? >.a^ u^zr....�--.- _Y�'.r. :' BACKGROUND ` BACKGROUND 4. • Petition received April 2007 04. �' .4 k,, ,,,, - • �. • Pursuant to State and City Code,more ,f F than 2/3 of the abutting owners must t i„I � 1• •H'.. sign the petition • 100%of abutting owners have signed W., I BACKGROUND PUBLIC BENEFIT • Right-of-way dedicated in the Plat •Request associated with the future of Smither's 4th Addition to the development of the adjacent parcels Town of Renton on October 3, 1903 EATS Automation Addition Project (LUA07-003)]. • City has Water,Wastewater and •According to the petitioner,numerous Surface Water facilities in requested public benefits. area AV14 ,;‘ Dov t ,� � � RESEARCH/SURVEY �� E z� �,� �,,, , • Vacation request was circulated to various City departments and outside - Y + agencies for review r RESEARCH/SURVEY RESEARCH/SURVEY Internal Review Comments • No Objection: • Water,Wastewater,and Surface Water • Community Services Department Utilities (PBPW): • Fire Department Fire Prevention — No objection provided that an easement is retained to protect City's facilities in the ROW • Police Department — Water Utility would also require that sufficient • PBPW Department/Development area be provided in the requested vacation area Services Division for a boring pit 2 RESEARCH/SURVEY RESEARCH/SURVEY Internal Review Comments Internal Review Comments • Transportation (PBPW) Department: • EDNSP Department: — No objection provided certain conditions are met: — Objected to the request to vacate this area ✓Vehicular turnaround access is provided to ✓"project is possible without(the requested] Transportation's satisfaction vacation[area]." ✓ROW was turned back to the City should BNSF ✓interim land use of the parking lot would be ROW be abandoned. perpetuated V anticipates higher density development which may require the requested right-of-way V future use of the railroad ROW is unknown RESEARCH/SURVEY Council approves the request to vacate subject Outside Agency Review Comments to the following conditions: ✓An easement for City's Water,Wastewater and • QWEST and Electric Lightwave/Integra Surface Water Utilities be retained; Telecom have no facilities in the requested vacation area and have indicated that no V Sufficient area be provided in the requested easements are needed. vacation area for a boring pit; V Vehicular turnaround access be provided to • To date,Comcast and PSE have not Transportation's satisfaction; responded to the City's request for ✓ROW be turned back to the City should BNSF ROW comments. be abandoned. NEXT STEPS Council approves the request to vacate subject to the following conditions: If Council approves this vacation petition: ✓An easement for City's Water,Wastewater and Surface Water Utilities be retained; • Petitioner orders and submits an ✓Sufficient area be provided in the requested appraisal; vacation area for a boring pit; • Staff reviews the appraisal and returns V Vehicular turnaround access be provided to Transportation's satisfaction; to Council so that compensation can ✓ROW be turned back to the City should BNSF ROW be set. be abandoned. 3 SON �` `: • t x � � � •? 4 �� 1 L r L i, Vit. 1' J 4 RECEIVEd ?-< 1( et) PLANNING/BUILDING/ AUG 0 6 2007 a ® , PUBLIC WORKS DEPARTMENROToN CiTy CouNcit MEMORANDUM DATE: August 2, 2007 TO: Terri Briere, Committee Chair Members of the Planning & Development Committee FROM: Gregg Zimmerman, Administr.4 61 STAFF CONTACT: Karen McFarland, Technical Services Engineering Specialist (ext. 7209) SUBJECT: Briefing—Proposed Vacation, VAC-07-002; Approximately 60' x 100' Portion of Whitworth Ave S, South of S 4th Street ISSUE: Does Council wish to approve vacation petition VAC-07-002, as shown on the attached map, to vacate a portion of Whitworth Ave S, south of S 4th Street? RECOMMENDATION: 1Vr� �(�c orxary �v,n . pe 1 i I - • - • BACKGROUND SUMMARY: A vacation petition was received on April 4, 2007, from Brian Allen, on behalf of TEAM Properties, LLC. City Code requires that more than two-thirds (2/3) of the owners whose property abuts the right-of-way to be vacated must sign the petition; 100% of the abutting property owners have signed this petition. As shown on the attached map, this petition (VAC-07-002), proposes to vacate a portion of Whitworth Ave S, south of S 4th Street. The portion of right-of-way included in this petition was conveyed in the Plat of Smither's 4th Addition to the Town of Renton on October 3, 1903. The City has water, wastewater and surface water facilities in the area of this vacation. The petitioner plans to use the requested vacation area in the proposed development of ATS Automation Addition Project(LUA07-003). RESEARCH/SURVEY: The current proposed street vacation request was circulated to various City departments and outside agencies for comments. • Council/VAC 07-002 Briefing August 2,2007 Page 2 of 3 Internal Review The following City departments had no objection to the proposed right-of-way vacation: • Community Services Department • Fire Department Fire Prevention • Police Department • PBPW Department/Development Services Division The PBPW Department's Water, Wastewater, and Surface Water Utilities as well as the PBPW Department's Maintenance Division have no objection to the proposed vacation request provided that an easement is retained over the entire area for the maintenance and operation of existing facilities and the construction, maintenance, and operation of any needed future facilities and extensions. In order to install a waterline under the railroad tracks, the Water Utility would also require that sufficient area be provided in the requested vacation area for a boring pit. The PBPW Departnen 's ransportation Systems Division_ohjects to the proposed vacation request s-posse ility of extending this street to the south will be nairtmasd should the railroad tracks be abandoned at some point in the future. Transportation also indicated that the turnaround needs would have to be addressed—especially for emergency vehicles. According to Transportation, "vehicles can turn around [currently] by using an existing driveway and roadway within public right-of-way. This will be lost if the proposed ... vacation [request] occurs." Finally, the EDNSP Department also objects to the proposed vacation request and notes that the petitioner's "project is possible without [the requested] vacation [area]." EDNSP believes that the interim land use of the parking lot would be perpetuated and that the higher density development that is anticipated in this area may require the requested right-of-way in the future. EDNSP also notes that the future use of the railroad right-of-way is unknown. Outside Agency Notification The following outside agencies were notified about the proposed vacation: • Puget Sound Energy (PSE) • Qwest • Comcast • Electric Lightwave/Integra Telecom The status of the outside agency comments is as follows: . • Qwest and Electric Lightwave/Integra Telecom have no facilities in the requested vacation area and have indicated that no easements are needed. H:\File Sys\PRM-Property Services Administration\PRM-25-Street Vacations From 1990 and Forward\005 8\B P_07002.DOC\KLMtp • CouncilNAC 07-002 Briefing August 2,2007 Page 3 of 3 • To date, Comcast and PSE have not responded to the City's request for comments, and thus have shown no interest in the proposed vacation. Additional Notification Since this road is developed, notice was given to property owners within a 300-foot radius of the requested vacation area. Notice was given to property owners along the portions of Whitworth Ave S, Morris Ave S and S 5th Street that fell within this radius. To date, staff has received three calls regarding this petition. One caller was concerned that if this right-of-way is vacated that there would not be sufficient parking space for residents and their guests. She noted that parking on this portion of Whitworth can already be especially difficult when St. Anthony's has events and particularly on Sundays. She was also concerned that if the railroad was ever removed that the City would be precluded from making Whitworth Ave S a through street to the south. A second caller had no opposition to the vacation request but thought that the U-turn problem at the end of the street should be resolved. The third caller just wanted to know what it meant for the City to vacate right-of-way. She was not opposed to the vacation request. CONCLUSION: Yeasts - lcir. \c�S ,n,(� A survey of various City departments and outside agencies was conducted by staff. "fits •eV �`' .r.. ���-.�•..•�!u.�. ;:.� s == ..- ':.: :,-• the EDNSP Department have ,,r,NSd.�d indicated that the requested area is needed for the City's future road system. EDNSP also . noted that the petitioner's proposed use of the requested area would perpetuate an interim use that is not the best or most desirable use of the land. Thus, staff reeomm a-'se e ' i ofx i}i� 'M &Aiiie petitioner's request to vacate a portion of Whitworth Ave S right-of-way. After the close of the public hearing on August 6, 2007, Council needs to either approve or deny this vacation petition. If Council decides to approve this petition, the next step in this process will be for the applicant to submit an appraisal. After the appraisal has been reviewed, staff will return to Council with a recommendation for compensation and Council will determine the compensation amount. Attachment cc: Kathy Keolker, Mayor Jay Covington,Chief Administrative Officer Lys Hornsby, Utility Systems Director Dave Christensen, Wastewater and Technical Services Supervisor Jennifer Henning, Development Services Current Planning Manager Elizabeth Higgins,Development Services Senior Planner File H:\File Sys\PRM-Property Services Administration\PRM-25-Street Vacations From 1990 and Forward\0058\BP_07002.DOC\KLMtp Vicinity Map Street Vacation VAC-07-002 Petitioner: TEAM Properties a) - > Q . 4J 1 o IW ... a) a V = Area of Vacation Reques co V) 0. C revo ay lt S 5th St NoC�',�,,of,�N Vicinity Map S' -0.. 1111.11 jiAii= ii $ i 0 100 200 o1► - ow mi owm _ �. =OA IMO 1 10 ice �IP �d — 'C :::::. •:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:•:.:•:•:•:.:•:•:. OI. r ill • 4.1— -- 1 : 1200 � �� _a (�® Technical Services .�/Os 1111= :'C _ -;_ �� ♦ Planning/Building/Public Works — — __ —'— �� K. McFarland �� mB ® _ O July 11, 2007 — =i�1 1 1HnrEi / / CITY OF RENTON (Muhl. Hearlv1[g Correspo/ta1 iee JUL 2 5 ,2001 (MG-01-002.) 8-6- ao0 7/V. k to 7 CITY RECEIVEDLFFICE j/) / / b rs O /Ae' R6t-1 7L 7 C J&J GGCl.i GI 1) Gom ® m -P7�S /O&r7irr41.9 n 7` fG -fh„ re,/,‘ S�c� ✓Llama i a y-, Ole `eie4 r o 7 17 1.-rE L, „Ave- EVA j 7ham /2 f/"1p&-r74iDy, rs Al o c it O 1-VII .t7"W-r1111 /5 lid. sa y✓�u/dr yr�a7</y %Z� prG vi irl,-, /s 1,9-1 ac7/ 7c1 yy, Q E //,t r'n S a+ 3-1-re-e-74,5, u I ew t;3-r. /45 14 / s k,ow Ll TI r h s oPi 79' 5 74rert a �/1Z !I Et 14- 5/C7 4- 5 c e- Te--a ni Pp pe-r 74c wan 7Lh ✓C7Cip' s 2a 0I 61 ,/nL/otic / ,re�,t16-r'`71y ?eaLi r'" -T �/ 4 at✓ Ll / /� H .Ses- Nowl pry !Dl a / 5i4 de"td /6( 6e, 5 ' 'z4f^ Gu/ 5 /gzir" -/� 4/4 74 4' r °A-r 15 ars✓k+. / s. of 7L Lt/ 7 71i4v--7417 Sd . w • p,,,ifti,c, � fri4 'e,,,,,,,,,,t '-e,navi ,tie, Presentation Agenda: ,,, AUTOMATION g ,tY i ;1 Convergint • ATS Automation/Convergint ,00,\I E° °° °°rs Technologies Overview / „. „; • Whitworth Ave,S. Vacation Petition • Whitworth Ave.S.Neighborhood Impact a� ... . ... /ALENrar .„-tfg& .7: roni e$eattleiitimes • ATS Automation installs Alerton Energy Management and Control U 4' AUGUST S.zom Systems for huildings—(uffiozc,schools,univemti.,hospuals,and lalwratones) pay Stse lneludiwe Renton City fIa11 • ATS moved to Renton is 2001,growing to 94 Renton employees *atilt t30B1 3Iltfltlg¢IIGPr «.a-a.e""' I."'"°rf'YyOne thing • ATS has offices throughout the Pacific NW „� �;e,",','•;°'� ;;,,��,ma„`p„�„k e nobody wante_dobs boom: g m • Convergint Technologies specializes in Fire,Security,and Card Access systems „ high Pay locladio¢the City of Renton Installations `' 14,4 '7Si aeeioesms • Convergint has grown to 51±Renton Employees 'r + .: ..-?-4:1‘...4":"...1.,e...”" • TEAM Properties is the company which owns our Renton properties ' *� ,1 r.. AIq'r'[TGdV' _.._.......__...._ Pi& Alar 1t7N' 1111111110111111111111111111111.1.1111.111 Vicinity Map Street Vacation VAC-07.002 Petitioner:TEAM Properties - The Seattle Times defined job growth in I 1— ---11- 1 e _ _ Washington from 2002-2006 as 69.5%below -Ili -—i $43,264 annually(living wage) i I ;1 ,,,„4__ ,-__-X11-__-1-- • Since 2001,ATS/Convergint/TEAM has _.._ 3 provided 140+jobs in Renton,for which 85%are 6 , ' 1.''',�C� between$60-$90,000 annually b,t ,l' ' - Area of cellea ae Aeont • We provide clean,professional,high wage 1 4 , • a n positions which serve our local community ' se::�a" s 5th St NeTT,CAfNIaV ��---, I 936'' to 1 [—---I F--— ') Vicinity Map ------- 1 Benefits: • Mitigates Whitworth Ave S.traffic concerns s � t • Fences off RR transients from neighborhood100111 • Cleans up garbage accumulation at Street End Transient drinkingmtimnlatm - Neighborhood access to ATS parking during non- employees and nghbors ?i '" 7. business hours �„ Curren street end is not actively mamtamed bythe city,dum m • Works with neighborhood support *IOCv ,7� "'mm dumping CityDept Objections: � Marchgg 20 n 2007meeting was held • Possibility RR right of way would be removed MTs received 5 signed letters of • Turn Around support from individual neighbors. Vacation would allow fence extension to protect neighborhood This vacation supports the expansion of the Old Milwaukee Substation While Supporting Neighborhood Needs. Brings building into the next century by: • Complete Phase II seismic upgrade • Addition of ADA certified restrooms • Addition of an elevator • Addition of approx.2,500 sq ft on the first three floors—total 7,250 sq ft • No change In Vehicular Access to the site 2 ti`SY O ADMINISTRATIVE, JUDICIAL, AND ;; , LEGAL SERVICES DEPARTMENT • MEMORANDUM DATE: August 6, 2007 TO: Toni Nelson, Council President Members of the Renton City Council FROM: Kathy Keolker, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: GENERAL INFORMATION • Do you know someone who promotes and supports Renton? Someone who is dedicated to making the Renton community a great place to live, work, play, and learn? Here is your chance to recognize that special person for their commitment to Renton. Please nominate individuals for Renton's Citizen of the Year who are from the Renton community and perform acts of good will in an effort to help others and improve the quality of life in Renton. Dowload an application from rentonwa.gov or call the Renton Chamber of Commerce at 425-226-4560. The nomination deadline is August 31st, 2007. COMMUNITY SERVICES DEPARTMENT • The Renton Police Athletic Association donated $250 to the Community Services Athletic Association for its Recreation Division Scholarship Program. Supportive organizations like the Athletic Association are making a difference in the lives of Renton families. • Children 14 and younger are invited to attend the Annual Kennydale Splash Day at Kennydale Beach Park on Wednesday, August 8th. This annual event includes various games such as water balloon toss, lifejacket races, sand castle building, kickboard races, and a cannonball competition. Arts & crafts will also be available. Registration is free and starts at 12:00pm. The fun begins at 12:30pm and will end at 3:00pm. For more information call 425.430.6700 or visit www.rentonwa.gov. • The Summer Teen Musical "Seussical" closes its run this weekend with performances Friday and Saturday night, August 10th and 1 lth, at 7:30pm and Sunday, August 12th, at 2:00pm. Don't miss this chance to see Dr. Seuss musical-style. For ticket information, call 425.430.6751 or visit www.rentonwa.gov. Administrative Report August 6,2007 Page 2 ECONOMIC DEVELOPMENT, NEIGHBORHOODS & STRATEGIC PLANNING DEPARTMENT • On August 1st, the Renton Small Business Development Center(SBDC) began offering one-on- one confidential assistance to small businesses, individuals starting a small business, and other entrepreneurs at no charge. The Renton SBDC will help strengthen Renton's economic vitality through a partnership between Renton Technical College (RTC), Renton Chamber of Commerce, and the City of Renton, with additional direct support from First Savings Bank and Frontier Bank. SBDC advising services will be available at RTC or by appointment downtown in the 200 Mill Building, Renton's old city hall. Appointments with Renton's SBDC Business Advisor can be set up by calling 425-235-7819 or by e-mail via shdc-renton@rtc.edu. • The Renton Community Marketing Campaign has produced a new television show called "The Curve," which features lively segments highlighting Renton businesses, trends, and happenings. "The Curve" airs on Channel 21 and is available via streaming video at www.rentonwa.gov. "The Curve" will also air on Puget Sound Access Channel 77. The Renton Community Marketing Campaign, a partnership between the City of Renton, the Renton School District, Renton Technical College, Valley Medical Center, and Renton Chamber of Commerce, is focused on promoting Renton as the center of opportunity. FIRE DEPARTMENT • "Ready in Renton" is a disaster awareness campaign for Renton residents. Register online at rentonwa.gov before August 8th to estimate your level of preparedness. Between August 8th and 10th, test your preparedness in one or more areas: power, provisions, and shelter. Turn off your power, use only supplies from your disaster kit, or camp out. Afterwards, report back on your experience. If you do not have internet access, call 425-430-7027 for more information. PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT • The city is working with BNSF Railway to replace three downtown railroad bridges at Shattuck, Rainier, and Hardie Avenues. During construction, these roads will be alternately closed. Shattuck Avenue South will be closed August 1st through August 10th, and August 16th through December 28th. Rainier Avenue South will be closed August 11th through August 15th. Hardie Avenue SW will be closed August 16th through August 20th. All businesses in the area will still be open during the street closures. For further road closure and detour information, visit rentonwa.gov or call Derek Akesson at 425-430-7243 or Chris Barnes at 425-430-7220. • The U.S. Army Corps of Engineers (USACE) plans to start work on Monday, August 13th,to repair damages to the bank of the lower Cedar River caused by the November 2006 flood. The project is estimated to last 3 weeks. The work will take place on the Renton Municipal Airport side of the Cedar River, north of the South Boeing Bridge,near the airplane hanger buildings. During the November 2006 flood, approximately 700 ft of riverbank eroded near the floodwall and a section of levee. The floodwall and levee were constructed as part of the original Cedar River Section 205 Flood Hazard Reduction project. The USACE will repair the eroded bank to protect the floodwall and restore the levee section. Work is being coordinated with the Renton Municipal Airport. e CITY OF RENTON COUNCIL AGENDA BILL AI#: w 1 Submitting Data: For Agenda of: Dept/Div/Board.. AJLS/City Clerk August 6, 2007 Staff Contact Bonnie Walton Agenda Status Consent X Subject: Public Hearing.. Bid opening on 7/31/2007 for CAG-07-134, Correspondence.. NE 4th St./Hoquiam Ave. NE Signal Improvement Ordinance Project Resolution Old Business Exhibits: New Business Staff Recommendation Study Sessions Bid 'abulation Sheet(three bids) Information Recommended Action: Approvals: Legal Dept Council concur Finance Dept Other Fiscal Impact: Expenditure Required... $289,295 Transfer/Amendment Amount Budgeted Revenue Generated vir Total Project Budget $356,600 City Share Total Project SUMMARY OF ACTION: Engineer's Estimate: $279,573.53 In accordance with Council procedure,bids submitted at the subject bid opening met the following criteria: there was more than one bid, the low bid was within the project budget, and there were no irregularities. Therefore, staff recommends acceptance of the low bid submitted by Transtech Electric, Inc. in the amount of$289,295. STAFF RECOMMENDATION: Accept the low bid submitted by Transtech Electric, Inc. in the amount of$289,295. U��� PLANNING/BUILDING/ ss • PUBLIC WORKS DEPARTMENT , NryO� MEMORANDUM DATE: August 1, 2007 TO: Bonnie Walton, City Clerk FROM: Ryieroject Manager, x7372 SUBJECT: NE 4th Street/Hoquiam Ave NE Signal Improvement Recommendation of Award There were three bids submitted. The lowest bid was $289,295 submitted by Transtech Electric, Inc. of Kent, WA. The bid was over the engineer's estimate of$279,573.53, but fell within the project's total budget of$356,600. This Traffic Improvement Project is ranked number 18 in the 2007-2012 TIP. The funding for this project is budgeted from the 317 Transportation Capital Improvement Fund. Currently there is $353,276.85 remaining in this account. The Transportation Design Section recommends that the contract be awarded to err Transtech Electric, Inc. in the amount of$289,295. Additionally, we also recommend that the agenda bill outlining this project go Council Concur since the low bid is within budget, there were three bids submitted and the only irregularities in the low bid were minor arithmetical errors that do not change the bidders rank. Attachments: 2007 Budget page 6-36 Bid Tabulation cc: Peter Hahn,Deputy PBPW Administrator-Transportation Bob Hanson,Transportation Design Supervisor File h:\division.s\transpor.tat\admin\admin sec\2007\bid award.doc Fund 317, Transportation Capital Improvement Fund This fund supports City of Renton transportation projects and projects linked with various State and Ng Federal Funding programs. Many of the projects are dependent on acquisition of outside grants, formation of LID's and mitigation revenue. Investment earnings generated on the fund balance throughout the year are credited to the General Fund. 2004 2005 2006 2006 2007 Change Item Actual Actual Adj Bdgt Actual Budget 06/07 REVENUE: Per Capita Business License Fees 1,637,081 1,586,363 1,600,000 1,818,814 1,600,000 0.0% Transportation Grants 930,096 478,384 6,425,200 1,134,824 6,796,600 5.8% SW 27th St/Strander Bond Proceeds 0 0 2,978,400 2,799,500 0 -100.0% Sound Transit Interlocal Agreement 0 0 0 4,016,900 100.0% King County Mitigation 2,216,000 0 0 0 N/A Charges for Svcs/Plan Sales, Misc 214 3,755 0 0 N/A King County Reimbursement/Duvall Ave 169,677 289,559 3,169,200 114,763 1,975,000 -37.7% Investment Interest 0 0 0 86,040 0 N/A Miscellaneous Revenue 0 450,000 0 0 N/A Transfer In Fund 102 353,500 353,500 440,000 440,000 565,000 28.4% Transfer In Fund 301 1,500,000 0 0 0 N/A Transfer In Fund 305 721,000 955,900 1,984,800 965,000 3,035,600 52.9% Transfer In Fund 318 0 0 955,390 955,390 0 -100.0% TOTAL NEW REVENUE 7,527,568 4,117,461 17,552,990 8,314,331 17,989,100 2.5% Use of Prior Yr Revenue 0 0 4,540,610 0 5,113,000 12.6% TOTAL RESOURCES 7,527,568 4,117,461 22,093,600 8,314,331 23,102,100 4.6% Niiid EXPENDITURES: Professional Services 99,885 84,635 115,000 51,969 95,000 -17.4% Transportation Projects 5,177,125 7,200,487 21,918,600 8,556,374 22,947,100 4.7% Transfer Out Fund 125 3,278 15,669 60,000 17,505 60,000 0.0% TOTAL COMMITTED EXPENDITURES 5,280,288 7,300,791 22,093,600 8,625,847 23,102,100 4.6% Increase to Reserves 0 0 0 0 0 N/A TOTAL EXPENDITURES 5,280,288 7,300,791 22,093,600 8,625,847 23,102,100 4.6% Fund Balance,January 1 8,291,896 10,539,176 7,355,846 7,355,846 7,044,330 -4.2% Total New Revenue 7,527,568 4,117,461 17,552,990 8,314,331 17,989,100 2.5% Total Committed Expenditures (5,280,288) (7,300,791) (22,093,600) (8,625,847) (23,102,100) 4.6% Fund Balance,Dec 31 10,539,176 7,355,846 2,815,236 7,044,330 1,931,330 -31.4% Budget by Fund 6-36 ( ( ‘ expdetl.rpt Expenditure Detail Report Page: 1 08/01/2007 9:04AM City of Renton 01/01/2007 through 12/31/2007 317 CAPITAL IMPROVEMENT FUND 012209 NE 4TH ST/HOQUIAM 016 PLNG/BLDG/PUB WKS TRANSP SYS Adjusted Year-to-date Year-to-date Prct Account Number Appropriation Expenditures Expenditures Encumbrances Balance Used 5950.0000.67.000000 NE 4TH ST/HOQUIAM 9,600.00 0.00 0.00 0.00 9,600.00 0.00 3/29/2007 budadjust BA ORD 5268 347,000.00 Line Description: ORD 5268 CARRYFORWD/ADJ &COF 5950.0000.67.000000 NE 4TH ST/HOQUIAM 356,600.00 0.00 0.00 0.00 356,600.00 0.00 Total Header 356,600.00 0.00 0.00 0.00 356,600.00 0.00 Total ***Title Not Found*** 0.00 0.00 0.00 0.00 0.00 0.00 Total ***Title Not Found*** 0.00 0.00 0.00 0.00 0.00 0.00 5950.0011.67.000000 PRELIMINARY ENGINEERING 0.00 0.00 0.00 0.00 0.00 0.00 1/29/2007 cashtrans GJ TR07-01-003 482.53 Line Description: DECEMBER 2006 SOFT CIP 2/28/2007 cashtrans GJ TR07-02-003 334.91 Line Description: JAN-07 SOFT CIP 2/28/2007 cashtrans GJ TR07-02-003 581.35 Line Description:JAN-07 SOFT CIP 3/30/2007 cashtrans GJ TR07-03-002 88.56 Line Description: FEBRUARY 2007 SOFT CIP 6/30/2007 cashtrans GJ TR07-06-004 1,835,80 Line Description: MAY 2007 SOFT CIP 5950.0011.67.000000 PRELIMINARY ENGINEERING 0.00 3,323.15 3,323.15 0.00 -3,323.15 0.00 Total ***Title Not Found*** 0.00 3,323.15 3,323.15 0.00 -3,323.15 0.00 Total ***Title Not Found*** 0.00 0.00 0.00 0.00 0.00 0.00 Total ***Title Not Found*** 0.00 0.00 0.00 0.00 0.00 0.00 Total ROAD WAY 0.00 0.00 0.00 0.00 0.00 0.00 Total CAPITAL IMPROVEMENT FUND 356,600.00 3,323.15 3,323.15 0.00 353,276.85 0.93 Grand Total 356,600.00 3,323.15 3,323.15 0.00 353,276.85 0.93 Page: 1 Project Title:NE 4th St and Hoquiam Ave NE Signal Improvement City of Renton Winning Bidder Bidder#2 Bidder#3 BID DATE: July 31,2007 Engineers Estimate Transtech Electric,Inc. Signal Electric,Inc. Valley Electric,Inc. Item Unit Est. Unit Bid Unit Bid Unit Bid Unit Bid No. Description Quantity Price Amount Price Amount Price Amount Price Amount 1 Mobilization/Demobilization,Site Preparation&Clean-u Lump Sum 1 20,000.00 20,000.00 28,000.00 28,000:'0 15,000.00 15,000.00 45,000.00 45,000.00 2 Contractor Supplies Surveying Lump Sum 1 2,500.00 2,500.00 7,50000, 7,500.00 8,640.00 8,640.00 9,100.00 9,100.00 3 Temporary Water Pollution/Erosion Control Lump Sum 1 500.00 500.00 1,000.00 ..1,0.00.00 720.00 720.00 5,220.00 5,220.00 4 Utility Potholing Each 6 500.00 3,000.00 300:00 1,800.00 312.00 1,872.00 1,550.00 r:`.1550.00 5 Project Temporary Traffic Control Lump Sum 1 15,000.00 15,000.00 39,000.00 39,000.00 50,000.00 50,000.00 93,600.00 93,600.00 6 Removing Cement Concrete Sidewalk Square Yard 63 45.00 2,835.00 21:50 1,354.50 22.20 1,398.60 92.00 5,796.00 7 Removing Cement Concrete Curb and Gutter Linear Foot 95 30.00 2,850.00 13.00 1,235.00 10.20 969.00 52.00 4,940.00 8 Removing Asphalt Concrete Pavement Square Yard 20 24.00 480.00 28.00 560.00 24.00 480.00 227.00 4,540.00 9 Removing Traffic Markings Each 9 20.00 180.00 80.00 480.00. 60.00 ':360:00 43.00 387.00 10 Removing Raised Pavement Markers Each 450 2.50 1,125.00 1.25 562.50 1.20 540.00 1.00 450.00 11 Removing Plastic Stop Line Square Foot 110 110.00 12,100.00 5.00 550.00 4.80 528.00 7.00 770.00 12 Saw Cutting Linear Foot 180 6.00 1,080.00 6.25 1,125.00 6.00 1,080.00 5.00 900.00 13 Crushed Surfacing Top Course Tons 7 90.00 630.00 125.00 875.00 78.00 546.00 108.00 756.00 14 HMA for Pavement Repair Cl. 1/2"PG 64-22 Tons 10 350.00 3,500.00 250.00 2,500.00 210.00 2,100.00 411.00 4,110.00 15 Cement Concrete Traffic Curb and Gutter Linear Foot 95 50.00 1,240.00 27.00 2,565.00 26.40 2,508.00 32.00 3,040.00 16 Cement Concrete Sidewalk Square Yard 31 40.00 1,240.00 62.00 1,922.00 66.00 2,046.00 78.00 2,418.00 17 Curb Ramp Type 2B,Cement Concrete Each 4 1,500.00 6,000.00 1,800.00 7,200.00 1,884.00 7,536.00 1,766.00 7,064.00 18 Traffic Signal System Lump Sum 1 175,000.00 175,000.00 185,775.00 185,775.00 193,174.00 193,174.00 327,400.00 327,400.00 19 Plastic Stop Line Linear Foot 126 11.00 1,386.00 5.00 630.00 5.40 680.40 4.00 504.00 20 Plastic Traffic Arrow Each 8 130.00 1,040.00 85.00 680.00 90.00 720.00 70.00 560.00 21 Plastic Crosswalk Line Square Foot 574 6.00 3,444.00 3.25 ,,,;_i�865;00. 3.30 1,894.20 5.00 2,870.00 22 Raised Pavement Markers Type 1 Each 494 2.50 1,235.00 3.25 1,605.50 3.60 1,778.40 2.00 988.00 23 Raised Pavement Markers Type 2d Each 44 5.00 220.00 7.50 330.00 7.80 343.20 5.00 220.00 24 Raised Pavement Markers Type 2e Each 28 5.00 140.00 7.50 nr ;..18Qr00 7.80 218.40 5.00 140.00 Subtotal $256,725.00 Subtotal $289,295.00 Subtotal $295,132.20 Subtotal $530,073.00 Tax $22,848.53 Tax 1- - 1 Tax Tax $47,176.50 Total $279,573.53 Total $289,295.00 TotalTotal $577,249.50 =figure was entered in error. I 1=figure was not written into the proposal. " ,_ didTab ' H:\Division.sITRANSPOR.TAT\DESIGN.ENG\Ryan\Projects\Signal_NE 4th&Hoquiam SI\Received 6-29-2007\Estimate\NE 4th ST&Hoquiam Ave NE.XLS 8/1/2007 • CITY OF RENTON BID TABULATION SHEET `" r'ROJECT: NE 4th St./Hoquiam Ave. NE Signal Improvement; CAG-07-134 DATE: July 31, 2007 FORMS BID BIDDER Bid Triple Addendum Bond Form 1 Signal Electric, Inc. X X $295,132.20 PO Box 6209 Kent, WA 98064 Jerry Vosberg Transtech Electric,Inc. check X $289,295.00 PO Box 7429 Kent,WA 98042 Mary T. Guthmiller Valley 1100 Merrill Creek Parkway X X X $577,249.50 Everett, WA 98203 Vicki Myers '�11rIr' NGINEER'S ESTIMATE TOTAL: $279,573.53 LEGEND: Forms:Triple Form:Non-Collusion Affidavit,Anti-Trust Claims,Minimum Wage CITY OF RENTON COUNCIL AGENDA BILL AI#: 6, • Ckiiiw „„r Submitting Data: For Agenda of: Dept/Div/Board.. Community Services Dept., Human August 6, 2007 Services Division Staff Contact Karen Bergsvik, ext.6652 Agenda Status Consent ...X Subject: Public Hearing.. Authorization to expend funds for the Human Services Correspondence.. Division Summer Lunch Program, and the Housing Ordinance X Repair Assistance program Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Ordinance Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X Other Fiscal Impact: �+' Expenditure Required... $37,734 Transfer/Amendment Amount Budgeted Revenue Generated $37,734 Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The Community Services Department requests authorization to spend $37,734 for the Summer Lunch Program and for the Housing Repair Assistance Program. The expenditure is offset by revenue. The Summer Lunch Program at Royal Hills and Renton Housing Authority has been administered by The Salvation Army for the past three years. The Salvation Army is unable to administer the program this year. The Human Services Division agreed to step in and administer the program for this year only, while a long-term solution is found. The projected cost of the program is $20,234 and this is offset by revenue received by the United States Department of Agriculture (USDA). Additionally, in February 2007, First Savings Bank of Renton gave the City of Renton Housing Repair Assistance Program $30,000, of which $12,500 was budgeted. Community Services requests authorization to spend the remaining $17,500 for health and safety related repairs for low to moderate income homeowners. STAFF RECOMMENDATION: Approve the request to expend funds for the Summer Lunch Program and Housing Repair Assistance Program in the amount of$37,734, and adopt the Ordinance authorizing the expenditure. C:\DOCUME-1\MNeumann\LOCALS-1\Temp\HS spendingauthority.doc �Y ti 0 COMMUNITY SERVICES DEPARTMENT rs - MEMORANDUM DATE: July 24, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor FROM: Terry Higashiyama, ommunity Services Administrator STAFF CONTACT: Karen Bergsvik, Human Services Manager (X6652) SUBJECT: Authorization—Use of Funds for the Summer Lunch Program and Housing Repair Assistance Program ISSUE Should Human Services be authorized to spend $37,734 from the general fund to pay for the cost of the Summer Lunch Program and Housing Repair Assistance Program? *ir' RECOMMENDATION Authorize spending of $37,734, which is offset by revenue. BACKGROUND SUMMARY The Salvation Army has administered the Summer Lunch Program for the past three years. Due to unforeseen circumstances they were unable to do it this year. As an interim, emergency step, Human Services agreed to administer the program so that 150 low-income children can get at least one nutritionally balanced meal on weekdays during the summer months. Royal Hills and Renton Housing Authority contracts with the City of Renton Recreation Division to provide summertime activities to children who reside at their complexes. Lunch is provided to those children who have registered for the free activities. Lunch is from 11:00 am to noon, and activities are from noon to 4:00 pm. Recreation staff members supervise both sites. Human Services contracts with the Washington State Office of Public Instruction (OSPI), for the Summer Food Program. The City is reimbursed $2.87 per meal served, from the United States Department of Agriculture (USDA). The City, in turn, contracts with the Renton School District to provide the lunches at a cost of$2.25 each. We also pay The h:\human_se\council\07 issue papers\hs authoriz of funds.doc err► , Toni Nelson,Council President Members of the Renton City Council Subject: Authorization for Expenditure of Funds July 24,2007 Page 2 of 2 Salvation Army up to $1,400 to transport the meals to the two sites. The remaining funds are used to pay for lunches ordered but not served, and operating supplies. The second request to authorize funding is for the Human Services Housing Repair Assistance Program. In 2007 the program received $30,000 from First Savings Bank of Renton. However, only$12,500 was included in the 2007 budget. It is projected that the program will spend all of the$30,000 in 2007 for health and safety related repairs for low to moderate-income homeowners. CONCLUSION The approval of authorization to expend $37,734 from the general fund will allow 150 children to receive a lunch every weekday during the summer and for the Housing Repair Assistance Program to continue providing health and safety repairs to low to moderate income residents. KB:ma Enc. cc: Jay Covington,Chief Administrative Officer Mike Bailey,Administrator Finance/IS Larry Warren,City Attorney h:\human_se\council\07 issue papers\hs authoriz of funds.doc CITY OF RENTON, WASHINGTON ORDINANCE NO. Nome CITY OF RENTON. WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE 2007 BUDGET TO APPROPRIATE $37,734 FROM THE 2007 GENERAL FUND FOR THE SUMMER LUNCH AND HOUSING REPAIR ASSISTANCE PROGRAMS, WHICH ARE FUNDED BY GRANT REVENUES. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION L The appropriation in the Human Services General Fund is hereby increased as follows: 2007 Budget 2007 Fund Original Increase Adjusted Budget Budget *as, 000.000000.020.5590.0030.49.000047 $0 $20,234 $20,234 000.000000.020.5590.0030.49.000081 $12,500 $17,500 $30,000 SECTION II. The funding increases for these programs, entitled Summer Lunch Program and Housing Repair Assistance Program, are provided by the United States Department of Agriculture (USDA) and First Savings Bank of Renton. SECTION III. This ordinance shall become effective immediately upon its passage, approval, and five (5) days after its publication. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk `fir.► 1 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1372:07/24/07:ch Nad 2 CITY OF RENTON COUNCIL AGENDA BILL .I a: 6 . Submitting Data: For Agenda of: Dept/Div/Board.. Fire Department August 6, 2007 Staff Contact Chuck Duffy, Deputy Chief Agenda Status x. 7061 Consent X Subject: Public Hearing.. Resolution requesting authorization for the Mayor and Correspondence.. City Clerk to enter into a Zone 3 Special Operations Ordinance Interlocal Agreement with five other fire departments in Resolution X South King County Old Business Exhibits: New Business Issue Paper Study Sessions Resolution Information Interlocal Agreement Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Other (HR&RM) X tilkiwv Fiscal Impact: None Expenditure Required... None Transfer/Amendment None Amount Budgeted None Revenue Generated Total Project Budget None City Share Total Project.. SUMMARY OF ACTION: The Renton Fire Department is seeking authorization to enter into an Interlocal Agreement with five other fire departments in South King County: South King Fire and Rescue (formerly Federal Way), Kent, Tukwila, Port of Seattle, and Valley Regional Fire Authority (formerly Auburn). This agreement will provide a formal agreement that will allow the parties to cooperate across jurisdictional boundaries and share Special Operations resources, including equipment and personnel. Special Operations activities include responses for hazardous materials, confined space rescue, water rescue, and high angle rope rescue. This agreement will enable all parties to share limited and expensive Special Operations resources. STAFF RECOMMENDATION: Approve the resolution enabling the Renton Fire Department to become a member of the Zone 3 Interlocal Agreement for Special Operations Rentonnet/agnbill/ bh ,,ti`°( 0 FIRE DEPARTMENT MEMORANDUM• DATE: July 27, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor FROM: I. David Daniels, Fire Chief/Emergency Services Administrato STAFF' CONTACT: Chuck Duffy, Deputy Chief of Operations SUBJECT: Interlocal Agreement— Zone 3 Special Operations ISSUE: Should the Mayor authorize the Fire Chief to enter into an Interlocal Agreement for the sharing of special operations resources with the following five fire departments of Zone 3: South King Fire and Rescue (formerly Federal Way), Kent, Tukwila, Port of Seattle, and Valley Regional Fire Authority (formerly Auburn)? This agreement will formally permit the six member 40000- departments to cooperate and share limited special operations resources. BACKGROUND: Special Operations resources are already being shared between the Renton Fire Department and the five other fire departments. The purpose of this agreement is to formalize the existing cooperative relationships and to ensure special operations are fully documented and within the respective statutory authority. Special Operations are low frequency, high-risk activities. These activities include hazardous materials response, high angle rope rescue, confined space and trench rescue, structural collapse rescue, and water rescue. The teams that provide these services are expensive to both set up and maintain. The six fire departments cannot afford to provide all types of Special Operations responses. Instead, an informal practice developed that has shared these resources using the existing mutual aid agreements. However, due to the nature of Special Operations, the respective Fire Chiefs of each department concluded that a more comprehensive Interlocal Agreement is needed. RECOMMENDATION: Staff recommends the adoption of the proposed resolution permitting the Mayor to authorize the Fire Chief to sign the Interlocal Agreement for Zone 3 Special Operations. i:\duffy-correspondence\issue paper for interlocal agreement.doc CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH SOUTH KING FIRE AND RESCUE (KING COUNTY FIRE PROTECTION DISTRICT NO. 39), THE FIRE DEPARTMENTS OF THE CITIES OF KENT, TUKWILA, AND THE PORT OF SEATTLE, AND THE VALLEY REGIONAL FIRE AUTHORITY, ENTITLED "INTERLOCAL AGREEMENT ZONE 3 SPECIAL OPERATIONS." WHEREAS, RCW 39.34.080 authorizes the City of Renton to enter into an interlocal agreement with other public agencies; and WHEREAS, South King Fire and Rescue, the Fire Departments of the cities of Renton, Kent, Tukwila, and the Port of Seattle, and the Valley Regional Fire Authority(the"parties") already cooperate with each other and provide services reciprocally, with respect to hazardous materials and/or technical rescue responses; and WHEREAS, as individual fire departments, the parties would not have adequate resources or highly trained personnel in these technical areas, to adequately respond to all potential such events; and WHEREAS, together these parties can establish and maintain one or more teams of highly trained individuals to deal with such emergencies on a regional basis; and WHEREAS, it is necessary to document the terms and conditions of this cooperative Interlocal Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. 1 RESOLUTION NO. SECTION II. The Mayor and City Clerk are hereby authorized to enter into an Now interlocal agreement with South King Fire and Rescue, the Fire Departments of the cities of Kent, Tukwila, and the Port of Seattle, and the Valley Regional Fire Authority, entitled"Interlocal Agreement Zone 3 Special Operations." PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Now Approved as to form: Lawrence J. Warren, City Attorney RES.1265:4/13/07:ma Now 2 INTERLOCAL AGREEMENT Zone 3 Special Operations , .44110 THIS AGREEMENT is made by and between the following public agencies, which are municipal corporations and/or political subdivisions authorized to enter into such agreements by chapter 39.34 RCW and other laws, including but not limited to RCW 70.136.010 et seq.: South King Fire and Rescue (King County Fire Protection District No. 39) City of Kent Fire Department City of Tukwila Fire Department City of Renton Fire Department Port of Seattle Fire Department Valley Regional Fire Authority WHEREAS, the foregoing agencies located in Zone 3 of King County, Washington, already cooperate with each other, and provide services reciprocally, with respect to hazardous materials and/or technical rescue responses; and WHEREAS, such agencies wish to formalize their cooperative relationships to ensure that their operations are fully documented and within their respective statutory authorities; NOW THEREFORE IT IS HEREBY AGREED AS FOLLOWS: 1. Purpose. The purpose of this interlocal agreement is to document and have in place a formal agreement, pursuant to which the parties will cooperate and share resources, including both equipment and personnel, across jurisdictional boundaries, with respect to hazardous materials and/or technical rescue responses. As individual fire departments, the parties would not have adequate resources or highly trained personnel in these technical areas, to adequately respond to all potential such events. Together, however, these departments can establish and maintain one or more teams of highly trained individuals to deal with such emergencies on a regional basis. 2. Hazmat Emergency Assistance Agreement. Insofar as this interlocal agreement deals with response to hazardous materials incidents, the agreement shall be regarded as a hazmat emergency assistance agreement, as that term is used in RCW 70.136.040. 3. Incident Command. The host agency (where the incident occurs) will be and remain the incident command agency for any such event arising within any of the aforesaid departments. Provided, however, that several agencies in Zone 3 do not assume incident command in Hazmat incidents, leaving that to the Washington State Patrol, pursuant to RCW 70.136.030 (this includes the City of SeaTac, and several other departments within the Zone). Each incident command agency, in the good faith performance of its duties, pursuant to this agreement, shall not be , ird lnterlocals/King Co. Hazmat etc. ADC rev. March 19,2007 1 P liable for civil damages resulting from any act or omission in the performance of its duties, except for acts or omissions constituting gross negligence or willful or Noir wanton misconduct. 4. Immunity. Pursuant to RCW 70.136.050, any person or public agency whose assistance has been requested by an incident command agency, who is a party to this emergency assistance agreement, and who in good faith renders emergency care, assistance or advice with respect to a hazardous materials incident, is not liable for civil damages resulting from any act or omission in the rendering of such care, assistance, or advice, other than acts or omissions constituting gross negligence or willful or wanton misconduct. 5. Non-Party Agencies. Agencies that are not parties to this agreement may request assistance from the hazmat team or the technical rescue team provided by this interlocal agreement. Provided, however, that such non-party agencies requesting services from the teams under this agreement, shall agree to seek reimbursement for extraordinary costs (as determined by the signatories to this agreement) from responsible parties who cause hazardous materials releases, and/or their insurers, pursuant to RCW 4.24.314. The parties will provide their costs or invoices to the host agency in such instances. 6. Hazmat Services. One purpose of this Agreement is to provide resources, in the form of personnel and equipment to respond and mitigate hazardous materials incidents that may entail fires, spills, transportation accidents, flammability, radioactivity, corrosivity, reactivity, explosives and other supporting technical functions for which personnel have been trained in conjunction with and pursuant to Section 126 of the Superfund Amendments and Reauthorization Act of 1986 (SARA `"ka"" Title III), the Code of Federal Regulations (29CFR 1910.120) and NFPA 471/472 and to provide these services, mutually and reciprocally, to the parties that are signatories to this agreement. These services are provided through a multi- disciplinary team or teams of highly trained personnel, who are employed by the respective parties, dispatched by Valley Com on an as-needed basis. Valley Fire Authority at this time will not participate in this aspect of the agreement, but only the rescue component below. Pursuant to this emergency assistance agreement, no person or public agency requested to assist is obligated to assist. Persons or public agencies asked to assist may act only under the direction of the incident command agency or its representative. Such person or public agency requested to assist may withdraw its assistance if it deems the actions or directions of the incident command agency or incident commander to be contrary to accepted hazardous materials response practices. The person or public agency requested to assist shall not profit from rendering the assistance. Any person responsible for causing the incident shall not be covered by the liability standard or immunity defined in RCW 70.136.050 or this agreement. 7. Technical Rescue Responses. A second purpose of this agreement is to provide resources, in the form of personnel and equipment to respond to technical rescue incidents that may entail confined space, water rescues, high angle rope rescue and the like. These services are provided through a multi-disciplinary team or teams of highly trained personnel, who are employed by the respective parties, Nu, Interlocals/King Co. Hazmat etc. ADC rev. March 19,2007 2 err► dispatched by Valley Corn on an as needed basis. All six above-named agencies will participate in this aspect of the agreement. 8. Term of Agreement. The term of this Agreement shall be one year after the effective date hereof, provided that this agreement shall be automatically renewed from year to year unless terminated or modified in accordance with the provisions hereof. Any party may terminate its participation in the agreement by first giving written notice of termination to the other parties no later than 90 days prior to the effective date of its withdrawal. 9. Operations Board. An Operations Board shall also be established to deal with operational policies, guidelines and issues, which all participating agencies agree to comply with. The Operations Board shall consist of one operational level chief officer from each participant and shall meet as needed. The Operations Board may establish committees as they deem appropriate. All of the participants shall guarantee support by providing representatives to attend scheduled committee meetings and perform assigned committee work. 10. Hold Harmless and Indemnification. Each participating agency agrees to assume responsibility for all liabilities, whether by acts or omissions, by its employees and/or volunteers that occur or arise in any way out of the performance of this agreement and thus therefore holds other participating agencies, their respective employees, officials and volunteers harmless from all costs, expenses, losses and damages, including costs of defense. By this mutual and reciprocal hold harmless and indemnification provision, it is not the parties' intent to waive any immunity otherwise provided by law except for claims by the employees of a participating agency, in which case the immunity of Title 51 RCW is waived. This waiver has been negotiated amongst the parties. In accordance with R.C.W. 70.136, each participating agency agrees to release all other parties and the teams, acting in the good faith performance of their duties, from liability or civil damages resulting from any act or omission, other than acts or omissions constituting gross negligence or willful or wanton misconduct. 11. Employer-Employee Relationships. It is understood and agreed by the parties that any employee of any party providing services pursuant to this Agreement, shall be and remain an employee of their usual employer. He/she shall not be deemed an employee of any other party, even though he/she may operate at times under the direct supervision and control of another agency's officials for the limited purposes of this agreement. Nothing contained in this Agreement shall create the relationship of master and servant or employer and employee, as between the agency served and the other agency's employee. He/she shall not be considered an independent contractor, but rather a continuing employee of the regular employer. 12. Living Document. It is understood by the signatories to this Agreement that this will be a living document, with Appendices added in the near future to fully outline: a) Projected Hazardous Materials Technician staffing levels to expect on a response, b) Technical Rescue staffing levels to expect on a response, c) Dive Team responses, d) Zone 3 Incident Management Team procedures, etc. These and other Appendices will be added as agreed to by the signatories of this Agreement for the purpose of providing a high level of service, and expectations of response, within Zone 3. NNIS Interlocals/King Co. Hazmat etc. ADC rev. March 19,2007 3 r 13. Effective Date. This agreement shall be effective upon the date on which the agreement is filed with the King County Auditor. SOUTH KIND RE & RESCUE: E \ \ r _ ._n '►—x�...:� -aDate Signed:f- t' :;. J F ee -f/Administrator • en Church KENT FIRE DEPARTMENT: �Xu Date Signed: 0 6- - Fire Chief Jim Schneider RENTON FIRE DEPARTMENT: Date Signed: Fire Chief I. David Daniels TUKWILA FIRE DEPARTMENT: Date Signed: 717-07 Fire Chief Nick Olivas PORT OF SEATTLE FIRE DEPARTMENT: Date Signed: Fire Chief Mike Mandella VALLEY REGIONAL FIRE AUTHORITY: Date Signed: //2t). Fire As inistrator Eric Robertson Interlocals/King Co. Hazmat etc. ADC rev. March 19, 2007 4 CITY OF RENTON COUNCIL AGENDA BILL AI#: v • Submitting Data: Planning/Building/Public Works Dept. For Agenda of: Dept/Div/Board.. Transportation Systems Division August 6, 2007 Staff Contact Juliana Fries, Transportation Program Agenda Status: Development Coordinator, ext. 7232 Consent Subject: Public Hearing X Correspondence 2008-2013 Six-Year Transportation Improvement Program Ordinance (TIP) and Arterial Street Plan Update Resolution X Old Business Exhibits: New Business X Issue Paper Study Sessions 2008-2013 Six-Year TIP Information 2008 Arterial Street Plan Other Resolution Interlocal Recommended Action: Approvals: 1. Refer to Transportation Committee Legal Dept X 2. Set Public Hearing date of August 20, 2007 Finance Dept....... X tihmse Fiscal Impact: Expenditure Required N/A Transfer/Amendment Amount Budgeted Revenue Generated Summary of Action: The City is required by law to annually review the Six-Year Transportation Improvement Program (TIP) and adopt the update by resolution. In conjunction with this, the Arterial Street Plan is also updated. Staff Recommendations: 1. Set August 20, 2007, as the public hearing on the 2008-2013 TIP. 2. Approve the annual updates to the Six-Year Transportation Improvement Program (TIP 2008-2013). 3. Approve the 2008 Arterial Street Plan. 4. Present the resolution regarding this matter be presented for reading and adoption. C:\DOCUME-I\MNeumann\LOCALS—I\Temp\2008 TIP agenda bill.doc O PLANNING/BUILDING/ ♦ PUBLIC WORKS DEPARTMENT • ,Nry0 MEMORANDUM DATE: August 6, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: ,f--1 Kathy Keolker, Mayor 116°3 FROM: � Gregg Zimmerman, Administrator STAFF CONTACT: Juliana Fries, Transportation Program Development Coordinator, x7232 SUBJECT: 2008-2013 Six-Year Transportation Improvement Program (TIP) and Arterial Street Plan Update ISSUE: Should Council approve the annual updates to the Six-Year Transportation Improvement Program (TIP) and adopt the resolution accepting the 2008-2013 Six-Year TIP? RECOMMENDATION: 1. Approve the annual updates to the Six-Year Transportation Improvement Program (TIP 2008-2013). 2. Approve the 2008 Arterial Street Plan. 3. Set August 20, 2007, as the public hearing on the 2008-2013 TIP. 4. Staff further recommends that the resolution regarding this matter be presented for reading and adoption. BACKGROUND: The City is required by law to annually review and update the Six-Year Transportation Improvement Program (TIP) and formally adopts it by resolution. The draft TIP is presented to the Council and referred to the Transportation Committee for review in advance of the public hearing. In addition to the projected revenues and expenditures for the future six years, the TIP also includes current-year project allocations and past project expenditures. The City Council adopted the previous Six-Year TIP—2007 through 2012, on September N,,,,. 25, 2006, as a planning document for the next six years. It was distributed to the Puget NUM Toni Nelson,Council President . Members of the Renton City Council August 6,2007 Page 2 of 2 Sound Regional Council, the Washington State Department of Transportation, King County Department of Transportation, the Association of Washington Cities, Puget Sound Energy, surrounding local agencies, the library, and to internal departments. Ultimately, all projects in the TIP are presented to Council for review and approval, collectively during the budget process, and again individually when approval is requested for design and construction contracts. cc: Peter Hahn,Deputy PBPW Administrator—Transportation Jim Seitz,Transportation Planning and Programming Supervisor Juliana Fries,Transportation Program Development Coordinator Nenita Ching,PBPW Administrative Analyst Bang Parkinson,FIS/IS Supervisor Connie Brundage,Transportation Administrative Secretary Project File H:\Divisions\Transp\Planning\Juliana\TIPS\2008\IP 2008 TIP_2.doc ( ( l d vipw...�Rf .,...."'"7191C; e -- -... % Ir . ff,eil s a s . o Pp � __ a, LR yma � /7r �xc w p SE :f 2 , L jsn: 1 Wvl�� - - - • / IIS\ff�4}rmlest • 61, LV / �/, //�ie vlrn 11:-) i 76 . 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YC 1. : l•Bvc 19.ii �H g ann<.:e5•.nm '3: :par:r_ i'll .9 iff lsu I�� <I� so sues n Collect,. e s `� -, w1 1 "N 1 50 SW 16th Sl.horn Lind Aw.SW to Oakes..Ave SW IPI �°e� 51. SW lath SL from Oakesdale Ave SW to Longacre°Drive SW SW 194th s� \ `� `„E[ If' of I 52 Aberdeen Ave.NE from Sunset BIW.NE to NE 27th St. iJ ill ii 53. NE 16th St.from Jones A.NE to Edmonds Ave.NE St iS 19.St I g kl 55 Manrw54. NE lhASt.from w.NE fr6omrnNEd2nd St Nle tNEUnion 4th St. NE 1 _�,\ S.�,` in h �') -.i---_ ff ssu si I 196 c11,,_., 56. NE 2nd St.from Monroe Aw.NE to City Shope entry I ff in Sl57. NE 10th St from NE Sunset BIW to Monroe Ave NE 58. NE E set AvA NE wt sti l I s (\ hi d -Ism Alw lf"11: �''�2-�� n 5I -_ 59. Edm7ande St. Avea NENhomunNE Sanest Blvd,BlM�IaNE 3rd Sl. �l'iyWi $\ 8 s P It LAKE 1981 ., 60. Brmsom Way NE/NE 4th St,from NE 3M St.to Jelfereon Ave NE S 81, ioNor Aw.NW/Tayor PI NW from Rentor Ave Eel.to weal Clty limits II \�� 82. N 30M St from Bumclt Aw.N to Park Aw N n SII ..0.sl • r ° sC yrou sl n y 83 NE 44th SLAInmin Ave.NE horn GAI 405 to cowl City Ilmlte Li ll J 64. SW...on Road from SW S eet&W to west City limits Imo_ ����MMM��I''' 65 S hd PI from Bainter Ave.S to Shot.,Ave.S �� '^ ... 'rE"*J�ir\C,yove 5l� Y s Y� I W 5f yWin �lil i= 69 Bulm88. tattAAve.S horn Aw.th wSS fiemSSEnd SS to Z aM St.to Grady Way 67. t.El 1 88 Morrie Ave.S hon 5 End St.to S 4th St. `—' 70. Manetr Road SW from Oakcsdaie Aro.SW to SW 18th Sl 71 SW 16th St.from East Volley Road to Lind Ave SW 72. East Valley Read from SW 16th SI.to SW 43rd SL ' CITY OF RENTON 3 Talbot Rood S/S 210.t S[ from Sft-515 to.oath City limits 74 SW 41st St horn East Valley Road to°exam.Ave.SW 75. SW 34th St from Font Valley Road to Oakesdole Ave SW 76. Hardie Ave SW from SW Sunset BIW.to Rain.Ave.S 77 Lake WnN BIW,N from N Pak Gave to FAI 405 76 Park Ave N/N 40th St.from N 30th St.to Lake Wash BIM.N 79 Burnett Ave N from N 30th St.to Lake Wosh Blvd.N B0 Duvall Avenue NE from NE 4th to south City limits Bl. Haqulam Ave NE from NE 4th St to NE Sunset BIW 62 Jeri.A.NE horn NE 4th St la south City Rm. ARTERIAL STREETS 53 Union Ave NE from NE 4.St to south City limits 84 NE 3121 SI from west City limits to east City limits 85, N 10th SI from Logan Ave N to Garden Ave N P..ycaoil.1.<nuyu-515.1 1. 86 SW MI,St./Stand,Blvd from Eoef Valley Rd nern Noe,to Wen:Valley R;(SRlet) oN 0 Technical Services ♦ ♦ Planning/Building/Public Works _■- D.Visneski • O July 17,2007 I CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, UPDATING THE CITY'S SIX-YEAR 'TRANSPORTATION IMPROVEMENT PROGRAM 2008-2013. WHEREAS, the City of Renton has heretofore adopted a "Six-Year Transportation Improvement Program" pursuant to RCW 35.77.010, and the plan and program having been amended and modified from time to time as authorized by law; and WHEREAS, the City Council, after recommendation of the Planning/Building/Public Works Department, held a public hearing on August 20, 2007, after notice to the public as provided by law for the purpose of considering adoption, modification, and amendments of the plan and program; and WHEREAS, at the public hearing held on August 20, 2007, due consideration was given to the proposed changes and amendments for the purpose of updating the plan and program; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The City's "Six-Year Transportation Improvement Program" and the City's "Arterial Street Plan" are hereby further amended and modified, all as more particularly shown on the attached Exhibits "A," "B" and "C" incorporated herein as if fully set forth. SECTION H. The plan and program, as evidenced by said Exhibits, shall be and constitute the City's "Six-Year Transportation Improvement Program" and the City's "Arterial Street Plan," and shall remain in full force and effect until further revised, amended, and modified as provided by law. 1 RESOLUTION NO. SECTION III. The Administrator of the Department of Planning/Building/Public Works and the City Clerk are hereby authorized and directed to file this Resolution, together with the Exhibits, with the Director of Highways for the State of Washington and as otherwise provided by law. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Noid Lawrence J. Warren, City Attorney RES.1289:07/24/07:ch 2 CITY OF RENTON COUNCIL AGENDA BILL AI#: 60 ,40 Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Utility Systems Division/ Surface August 6, 2007 Water Utility Staff Contact Ron Straka(ext. 7248) Allen Quynn (ext. 7247) Agenda Status Consent X Subject: Public Hearing.. Upper Springbrook Creek Restoration Project—King Correspondence.. Conservation District No. 9 Grant Agreement Ordinance X Resolution X Old Business Exhibits: New Business Issue Paper Study Sessions Grant Agreement Information -. Resolution Budget Ordinance Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept X Other Fiscal Impact: Expenditure Required... Amendment $50,000 Amount Budgeted .. Revenue Generated $50,000 Total Project Budget... $68,000 City Share Total Project... SUMMARY OF ACTION: The City and King Conservation District No. 9 (District) would like to enter into a grant agreement that would allow the City to accept a contribution, in the amount of$50,000, from the District for the Upper Springbrook Creek Restoration project. The approved 2007 Capital Improvement Program budget for the project is $18,000, which would be increased to $68,000. The contribution will be used for project design and permitting costs. The Upper Springbrook Creek Restoration project will replace an existing roadside ditch along a portion of S 55th Street, east of SR-167,with a 900 feet long natural, meandering stream channel with spawning,rearing, and storm refuge for migrating salmon. STAFF RECOMMENDATION: Approve a resolution authorizing the Mayor and City Clerk to sign a grant agreement with King Conservation District No. 9 to accept a contribution in the amount of$50,000. In addition, approve a budget ordinance to increase funds, in the amount of$50,000, in the 2007 Surface Water revenue account(427.000600.000.3370.0007.00.065295) and expenditure account , (427.000600.018.5960.0038.65.065295) for the Green River Watershed Forum Ecosystem Restoration project. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3023 Ecosystem Restoration Projects\Upper Springbrook Creek\Grants\AgenBill-grant funds.doc\AQtp ` Y 0 PLANNING/BUILDING/ / ® , PUBLIC WORKS DEPARTMENT •�� 0 MEMORANDUM N� DATE: July 23, 2007 TO: Toni Nelson, Council President Members of the City Council VIA: *VKathy Keolker, Mayor FROM: Gregg Zimmerman, Administrator yoilr� STAFF CONTACT: Ron Straka, Surface Water Utility Supervisor (ext. 7248) Allen Quynn, Surface Water Engineer (ext. 7247) SUBJECT: Upper Springbrook Creek Restoration Project—King Conservation District No. 9 Grant Agreement ISSUE: Should the Council approve a resolution authorizing the Mayor and City Clerk to execute a grant agreement with King Conservation District No. 9 to accept a contribution, in the amount of $50,000, to offset design and permitting costs associated with the Upper Springbrook Creek Restoration project? Should the Council also approve a budget ordinance to amend the 2007 budget by increasing the funds in the Green River Watershed Forum Ecosystem Restoration project revenue and expenditure accounts by $50,000? RECOMMENDATION: Approve a resolution authorizing the Mayor and City Clerk to sign a grant agreement with King Conservation District No. 9 to accept a contribution in the amount of$50,000. Approve an ordinance to increase funds in the Green River Watershed Forum Project revenue and expenditure accounts by $50,000. BACKGROUND SUMMARY: The Upper Springbrook Creek Restoration project is one of the recommended projects identified in the Green/Duwamish River Basin Ecosystem Restoration Study Final Feasibility Report published in 2000. The Ecosystem Restoration Program is a partnership between 17 Water Resources Inventory Area(WRIA) 9 member jurisdictions and the US Army Corps of Engineers to implement projects that will improve salmon habitat throughout the Green/Duwamish River Basin. Council/Springbrook Grant July 23,2007 Page 2 of 2 The King Conservation District No. 9, a special purpose district responsible for developing and promoting activities and programs to conserve natural resources,has made grant funds available specifically for salmon habitat restoration projects that are endorsed by the WRIA 9 Forum. The City applied and was approved for a$50,000 grant by the District to offset design and permitting costs associated with the Upper Springbrook Creek Restoration project. The goal of the project is to replace an existing roadside ditch with a natural, meandering stream channel with spawning, rearing, and storm refuge habitat for migrating salmon. Proposed project elements include adding spawning gravel, large woody debris, riparian plantings, evaluating and implementing methods for sediment removal, and replacing an existing culvert with a new fish- passable culvert under S 55th Street in Renton. In its current state, Upper Springbrook Creek is confined to a roadside ditch approximately 900 feet in length along a portion of S 55th Street, between SR-167 and Talbot Road S. The ditch is degraded, lacking native riparian vegetation, dominated by invasive reed canary grass and blackberry shrubs, and has degraded stream habitat. In addition, sediment from upstream erosion runoff periodically fills in the ditch. A sediment trap with maintenance access constructed downstream of the culvert will facilitate sediment removal. The purpose of the grant agreement is to formalize the terms and conditions by which the King Conservation District No. 9 will contribute funds to the project. A budget ordinance is also required for the purpose of appropriating an increase in the amount of$50,000 to the Surface Water Utility revenue (427.000600.000.3370.0007.00.065295)and expenditure Nod (427.00600.018.5960.0038.65.065295) accounts. The approved 2007 Capital Improvement Program budget for the project is $18,000, which would be increased to $68,000. CONCLUSION: A grant agreement with King Conservation District No. 9 should be authorized to accept a contribution, in the amount of$50,000, from the District to be used toward the design and permitting costs associated with the Upper Springbrook Creek Restoration project. A budget ordinance that would increase the appropriations to the Surface Water Utility revenue and expenditure accounts by $50,000 should also be authorized. cc: Lys Hornsby,Utility Systems Director Bang Parkinson,Financial Analyst Supervisor File H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-3023 Ecosystem Restoration Projects\Upper Springbrook Creek\Grants\Grant Issue Paper.docAQtp (fir ,, , f� AGREEMENT FOR AWARD OF err.► KING CONSERVTION DISTRICT WRIA FORUM GRANT Green-Duwamish-CPS Watershed Forum (WRIA 9) City of Renton This Agreement is made between the King Conservation District Number 9, a municipal corporation in King County, Washington, located at 935 Powell Ave. SW, Renton, WA 98055 (referred to herein as "District"), and the City of Renton, a municipal corporation in King County, Washington, located at 1055 S. Grady Way, Renton, WA 98057 (referred to herein as "Recipient"), for the purposes set forth herein. SECTION 1. RECITALS 1.1 Whereas, the District is a special purpose district organized and existing under authority of Chapter 89.08 RCW which engages in certain activities and programs to conserve natural resources, including soil and water, which activities are declared to be of special benefit to lands; and 1.2 Whereas, pursuant to RCW 89.08.400, King County has authorized and imposed a system of assessments to finance the activities and programs of the District; and 1.3 Whereas, pursuant to RCW 89.08.220, RCW 89.08.341 and/or Chapter 39.34 RCW, the District is authorized to enter into agreements with municipal entities and agencies Nair (governmental or otherwise), or their designees, in order to carry out and facilitate the activities and programs of the District to conserve natural resources; and 1.4 Whereas, certain Watershed Forums were established by King County and through the voluntary association of agencies and entities situated within the particular watershed basins or areas (i.e., Snoqualmie Watershed Forum; Cedar/Lake Washington/Sammamish Watershed Forum; Green/Duwamish/Central Puget Sound Watershed Forum) for the purpose of addressing and responding to environmental needs within their respective watershed basins and in the region by cooperative efforts; and 1.5 Whereas, the Watershed Forums include representatives of jurisdictions that are located within or have a major interest in the management of Water Resources Inventory Areas (WRIA) 7, 8 and 9; and 1.6 Whereas, the District has reviewed the grant application submitted by Recipient and has determined that the application meets the requirements of Chapter 89.08 RCW, the District's policies and procedures for awarding grants and the funding principles established by King County's Regional Water Quality Committee; and 1.7 Whereas, the District and Recipient desire to enter into this Agreement for the purpose of establishing the terms and conditions relating to the District's award of a grant to °err Recipient. - 1 - SECTION 2. AGREEMENT 2.1 The District agrees to award Recipient a grant in the total amount of fifty thousand Dollars ($50,000 from 2006 Assessments). Grant funds shall be used by Recipient solely for the performance of the work described in Exhibit A which is attached hereto and incorporated herein by this reference. The District shall pay the grant funds to Recipient in accordance with the District's standard procedures, provided that such funds have been collected and received by the District. 2.2 Recipient represents and warrants that it will only use the grant funds for the work described in Exhibit A, which may be amended by the parties pursuant to Paragraph 3.3 of the Agreement. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized work. Further, Recipient agrees to return to the District any grantfunds that are not expended or remain after completion of the work covered by this Agreement. 2.3 Recipient acknowledges and agrees that the grant funds may only be expended on workwhich shall be entirely within the District's jurisdictional boundaries. The following municipal entities are not within the District's jurisdictional boundaries: Enumclaw, Federal Way, Milton, Pacific, and Skykomish. Recipient shall be required to refund to the District that portion of any grant funds which are used for work performed outside the District's jurisdictional boundaries. 2.4 In the event the scope of work authorized by this Agreement includes the use of *00 grant funds to purchase houses located on real property within a flood hazard area, Recipient acknowledges and agrees that grant funds may only be used for such purposes if the houses to be purchased were constructed before floodplain mapping or sensitive areas regulations were in place. for that area. Recipient shall be required to refund to the District that portion of any grant funds which are used for unauthorized purposes. 2.5 Recipient shall be required to provide the District with biannual financial and project progress reports, along with an annual summary report. Financial and project reports shall be due May 31 and November 30 each year. The Recipient shall also be required to submit to the District a final report which documents the Recipient's completion of the work in conformance with this Agreement within thirty (30) days after the completion of the work. The final report shall, among other things, summarize the project's successes and shall address the regional benefits accomplished by the work. The final report shall also identify any obstacles or challenges which were encountered during the work, along with general recommendations regarding ways to avoid such obstacles or challenges in the future. If requested, Recipient agrees to provide the District with additional financial or progress reports from time to time, at reasonable intervals. 2.6 Recipient's expenditures of grant funds shall be separately identified in the Recipient's accounting records. If requested, Recipient shall comply with other reasonable requests made by the District with respect to the manner in which project expenditures are - 2 - tracked and accounted for in Recipient's accounting books and records. Recipient shall maintain such records of expenditures as may be necessary to conform to generally accepted accounting principals and to meet the requirements of all applicable state and federal laws. 2.7 Recipient shall be required to track project expenses using the Budget Accounting and Reporting System for the State of Washington ("BARS"). 2.8 The District or its representative shall have the right from time to time, at reasonable intervals, to audit the Recipient's books and records in order to verify compliance with the terms of this Agreement. Recipient shall cooperate with the District in any such audit. 2.9 Recipient shall retain all accounting records and project files relating to this Agreement in accordance with criteria established in the Revised Code of Washington and the Washington State Archivist. 2.10 Recipient shall ensure that all work performed by Recipient or its employees, agents, contractors or subcontractors is performed in a manner which protects and safeguards the environment and natural resources and which is in compliance with local, state and federal laws and regulations. Recipient shall implement an appropriate monitoring system or program to ensure compliance with this provision. 2.11 Recipient agrees to indemnify, defend and hold harmless the District, its elected or appointed officials, employees and agents, from all claims, alleged liability, damages, losses to Nior or death of person or damage to property allegedly resulting from the negligent or intentional acts of the Recipient or any of its employees, agents, contractors or subcontractors in connection with this Agreement. 2.12 Recipient agrees to acknowledge the District as a source of funding for this project on all literature, signage or press releases related to said project. SECTION 3. GENERAL PROVISIONS 3.1 This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 3.2 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among the parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 3.3 No amendment to this Agreement shall be binding on any of the parties to this Agreement unless such amendment is in writing and is executed by the parties. The parties contemplate that this Agreement may from time to time be modified by written amendment which shall be executed by duly authorized representatives of the parties and attached to this err►. Agreement. - 3 - 3.4 Each party warrants and represents that such party has full and complete authority to eater into this Agreement and each person executing this Agreement on behalf of a party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such party and that such party is bound by the signature of such representative. DISTRICT: RECIPIENT: By_ By Name Name Title Title Date Date Approved as to Form: Approved as to Form: DISTRICT LEGAL COUNSEL: RECIPIENT'S ATTORNEY: •4.1 ,4 BY ,. _i:�,bti'C By • Name r'AlA ct t Name Date J '75 Date - 4 - i Exhibit A *.. 1 Member Jurisdiction & WRIA Forum Application King Conservation District44010 Noncompetitive Grant pp Pro'ect Title:Upper Springbrook Creek Restoration Project A. •licant: City of Renton Contact: Allen Quynn Principal Partners (if any): US Army Corps Title: Surface Water Engineer of Engineers Total Project Cost: $1,100,000 Address: 1055 S. Grady Way Renton,WA 98057 KCI)Funding Requested: $50,000 Phone: 425-430-7247 Pro'ect Start Date: April 2007 Fax: 425-430-7241 Pro'ect End Date: December 2008 E-mail: aquynn@ci.renton.wa.us 1. Project Description-provide a brief description of the project that summarizes what you will do,how you will do it,and why you will do it. Consider the following in the answer to this question: what pressing need will be addressed by the project or what promising opportunity will be capitalized on?Who or what will benefit or be positively and negatively affected? The purpose of this grant request is to support the City of Renton in the design and permitting phase of the Upper Springbrook Creek Restoration project,as part of the Green/Duwamish River Basin Ecosystem Restoration Program. The project was first identified and documented within the Green/Duwamish River Basin Ecosystem Restoration Study Final Feasibility Report published in October 2000. The City may consider applying for a separate grant in the future to offset project construction costs. The goal of the project is to replace an existing roadside ditch with a natural,meandering stream channel with spawning,rearing,and storm refuge habitat for migrating salmon. Proposed project elements include adding spawning gravel,large woody debris,riparian plantings, evaluating and implementing methods for sediment removal,and replacing existing culvert with a new fish-passable culvert under S.55th Street in Renton,Washington. In its current state,Upper Springbrook Creek is confined to a roadside ditch approximately 900 feet in length between SR-167 and S.55th street. The ditch is degraded, lacking native riparian vegetation, dominated by invasive reed canary grass and blackberry shrubs,and has degraded stream habitat. In addition, sediment from upstream erosion runoff periodically fills in the ditch. A sediment trap with maintenance access constructed downstream of the culvert will facilitate sediment removal. H:`Fil Sys'.SWP- Surface Water Projects\SWP-27-Surface Water Projects(C11127-3023 Ecosystem Restoration Projects\Upper Springbrook Creek\Grants\KCI)-Upper Springbrook Creek Grant Application.cloc Page 1 of 4 As one of the recommended projects identified in the Green/Duwamish Ecosystem Restoration Program,the City will partner with the US Army Corps of Engineers (Corps) to complete the project. ,m. 2. Natural Resource Improvement Actions-describe how the project will address a minimum of one of the natural resource improvement actions described on page 1 of the application instructions. Consider the following in your answer to this question: What natural resources will be improved?What are the known needs,gaps or deficits that will be addressed? What are the known benefits to soil, water,air,plants,fish and wildlife, landowners? Through a sequence of design,permitting,and construction,the project will address the following natural resource improvement action: Direct Improvement of Natural Resource Conditions-to improve landscape and natural resource conditions as a result of direct action. The Upper Springbrook Creek Restoration Project will implement appropriate natural resource improvement actions to improve water quality and riparian habitat by removing invasive plant species,introducing native vegetation to provide shade,constructing a sediment trap to minimize sediment loading,relocating the existing ditch alignment into a meandering stream separated from the road,placing large,woody debris for in-stream shade and protection from predators for salmon,and replacement of existing culvert with fish friendly culvert. 3. Project Activities and Measurable Results - list specific project activities to be completed, the timetable for the activities,and the deliverables associated with those activities. Consider the following in your answer to this question: What actions, interventions, Nrr programs, services will be deployed? 1. Conduct topographic and utility survey of project area-2nd Quarter 2007- Completed base survey 2. Conduct geotechnical investigation-2nd Quarter 2007- Completed geotechnical report. 3. Prepare and submit JARPA applications-3rd Quarter 2007- Completed applications. 4. Produce 95%complete design plans,including planting plan and specifications-4th Quarter 2007. 5. Begin construction-3rd Quarter 2008. 6. Complete project-4th Quarter 2008. 7. Implement project and Plant Monitoring plan-Time period not established at this time. 4. Effectiveness (see page 2 of application instructions for definition) -describe how the project will effectively implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: Why is the primary applicant the best entity to deliver the proposed program/service/intervention? What is the capacity of the primary applicant to deliver the proposed program/service/intervention?What tools, services and partners will be brought to bear? H:\File Sys\SWP-Surface Water Projects'.SWP-27- Surface Water Projects(CIP)\27-3023 Ecosystem Restoration New Projects\Upper Springbrook Creek`,Grants\KCD- Upper Springbrook Creek Grant Application.cloc Page 2 of 4 This project is one of the recommended projects to be implemented as part of the Green/Duwamish River Basin Ecosystem Restoration Study Feasibility Report dated October 2000. The Ecosystem Restoration Program is a collaborative effort between 17 Water Resource Inventory Area(WRIA) 9 member jurisdictions and the Corps to identify and improve salmon habitat throughout the Green/Duwamish River Basin. The Upper Springbrook Creek Restoration project is located within the City of Renton and the City has already secured a 100'wide easement along S.55th Street. The City has experienced staff available to assist the Corps with the engineering design and management of the project. 5. Efficiency(see page 2 of application instructions for definition) -describe how the project will efficiently implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: How will the proposed program/service/intervention engage in conjunction with related efforts?How does your strategy best leverage resources? The project is part of a comprehensive plan to improve habitat through the Green/Duwamish River Basin. This project will be the first of several projects on Springbrook Creek that will eventually extend all the way down to the Black River Pump Station. Also,by partnering with the Corps,the City will be able to obtain federal matching funds to complete the project. 6. Equity (see page 2 of application instructions for definition) -describe how the project will equitably implement the natural resource improvement measures identified in question No. 2 above. Consider the following in your answer to this question: In what part of the District will the proposed program/service/intervention occur? Who is the target audience and what demographic section of the community will be affected? The City of Renton has a number of projects proposed for implementation through the Green/Duwamish River Basin Ecosystem Restoration Study,and has supported the program for more than a decade through both staff participation and local funds. As the first project scheduled for implementation within the City of Renton,the Upper Springbrook Creek Restoration project is geographically important. Although the target audience for the project are the citizens of Renton,the project will also benefit the lower portions of the stream in the city of Kent with significantly improved water quality and habitat for diverse populations of fish,wildlife,and the people of the region. 7. Evaluation of Intended Results-describe the evaluation mechanisms you will use to track, document,and report that the project has achieved the intended results described in questions 1-3. The City of Renton (and its contractors)will work in partnership with the Corps (and its contractors) on a program of monitoring and maintenance of the project,consistent with both the requirements of this grant and local permits. The completed project will be evaluated and documented for water quality and both in-stream and riparian habitat improvements,as well as control of invasive plant species and the appropriate survival of native plants. At the conclusion of this project,an Operations and Maintenance Manual will be developed by the City of Renton for continued maintenance,with the objective of a sustainable stream restoration. H:\Fitt;Sys\SWP-Surface Water Projects`SWP-27- Surface Water Projects(CIPyt27-3023 Ecosystem Restoration Nod Projects\lipper Springbrook Creek'.Grants`.KCD- tipper Springbrook Creek Grant Application.doc Page 3 of 4 The appropriate evaluation and analysis of this project will help guide other projects with '1•4"0 similar elements proposed for implementation in the Green/Duwamish River Basin Ecosystem Restoration Program and in the broader region. 8. Project Budget&Expenses Budget Item KCD Funds Other Funds Total (City of Renton or ACOE) Salaries and Benefits Travel/Meals/Mileage Office/Field Supplies Contracted/Professional $30,000 $150,000 $180,000 Services Land Acquisition $50,000 $50,000 Permits $20,000 $20,000 (Construction) $850,000 $850,000 TOTAL $50,000 $1,050,000 $1,100,000 9. KCD Acknowledgement-describe how the KCD will be acknowledged as a source of funding for the proposed program/service/intervention(see page 3 of application 44Ewr instructions for requirements). The City will acknowledge KCD through the City's web site and press releases through local newspapers. KCD will be invited,and recognized as a project sponsor,at a construction ground breaking ceremony. Other possibilities include interpretive signs installed near the stream acknowledging KCD as a sponsor of the project. 91(4 7'7//fl/77 //9 '1 Authorized i natu Dat• CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A GRANT AGREEMENT WITH KING CONSERVATION DISTRICT NUMBER 9 REGARDING THE UPPER SPRINGBROOK CREEK RESTORATION PROJECT. WHEREAS, the City of Renton in partnership with the US Army Corps of Engineers has identified habitat improvements on Upper Springbrook Creek as part of the Green/Duwamish River Basin Ecosystem Restoration Program; and WHEREAS, King Conservation District Number 9 is a special purpose district which engages in activities and programs to conserve natural resources, including soil and water; and WHEREAS, King Conservation District Number 9 is authorized to enter into agreements with municipal entities and agencies in order to carry out and facilitate the programs Noid and activities of the District to conserve natural resources; and WHEREAS, the City of Renton has applied for and received a grant to perform such activities NOW, THEREFORE, THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION H. The Mayor and City Clerk are hereby authorized to enter into a grant agreement with King Conservation District Number 9. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk , , RESOLUTION NO. APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: RES:1287:07/23/07:ch Noiw w 2 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE 2007 BUDGET BY INCREASING THE AMOUNT OF FUNDS IN THE SURFACE WATER REVENUE ACCOUNT AND EXPENDITURE ACCOUNT BY $50,000 PURSUANT TO TRE UPPER SPRINGBROOK CREEK RESTORATION PROJECT AGREEMENT WITH THE KING CONSERVATION DISTRICT NO. 9. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriation to the Surface Water revenue and expenditure accounts for the Green River Watershed Forum Ecosystem Restoration project are hereby increased as follows: 2007 2007 Original Budget Adjusted .41004 _ Fund Budget Increase Budget (Revenue Account) King County Drainage District No. 9 0 $50,000 $50,000 427.000600.000.33 70.0007.00.065295 (Expenditure Account) 427.000600.018.5960.0038.65.065295 $18,000 $50,000 $68,000 SECTION II. Funds are hereby added to the 2007 Surface Water revenue and expenditure accounts for the Green River Watershed Forum Ecosystem Restoration project. SECTION HL This ordinance shall become effective immediately upon its passage, approval and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2007. irr Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1371:07/23/07:ch 'goy *4610 2 f • A•. CITY OF RENTON COUNCIL AGENDA BILL AI#: o e Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems Division August 6, 2007 Staff Contact Ryan Zulauf,Airport Manager, Agenda Status x7471 Consent X Subject: Public Hearing.. Correspondence.. FAA Grant Acceptance—2008 Runway Paving Project- Ordinance Design Resolution X Old Business Exhibits: New Business X Issue Paper Study Sessions Resolution Information FAA Grant Offer Letter Dated July 9, 2007 FAA Grant and Grant Assurances Recommended Action: Approvals: Legal Dept X Refer to Transportation/Aviation Committee Finance Dept Other... Fiscal Impact:(422.025096.016) Expenditure Required... $ 157,128 Transfer/Amendment.... Noe Amount Budgeted $ 150,000 (2007) Revenue Generated $149,646 Total Project Budget $1,450,000 (2007-2008) City Share Total Project.. $ 7,482 SUMMARY OF ACTION: Runway 15/33 has a significant "dip"in the southern half of the runway pavement and several smaller dips in the northern end of the runway pavement. The Federal Aviation Administration has offered a grant in the amount of$149,646, for pavement design and engineering to resurface the runway pavement. Pavement design and engineering is needed in order to develop cost estimates and bid preparation documents, prior to going out to bid on or before April 1, 2008. This paving project will go to construction in August 2008. The project design and scheduling will be coordinated from the beginning with airport tenants, including The Boeing Company, in an effort to minimize disruptions to flight operations. The 2007 budget for this project is $150,000 and $1.3 million is budgeted for fiscal year 2008. STAFF RECOMMENDATION: Accept the Federal Aviation Administration grant offer in the amount of$149,646, for the engineering and design phase of the 2008 Runway Paving Project, and authorize the Mayor and City Clerk to sign the federal grant application and grant assurances. H:\File Sys\AIR-Airport,Transportation Services Division\03 Projects\0I Tasks\Agenda BiIIs\FAA Grant Acceptance-2008 Ruwnay Paving\Agenda Bill 7-13-07 doc `SY\\0 PLANNING/BUILDING/ • ® 1, PUBLIC WORKS DEPARTMENT seP N� MEMORANDUM DATE: August 6, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: Kathy Keolker, Mayor FROM: Gregg Zimmerman, Administrator elm- STAFF CONTACT: Ryan Zulauf, Airport Manager(x7471) SUBJECT: FAA Grant Acceptance—2008 Runway Paving Project - Design ISSUE: Should Council accept a grant from the Federal Aviation Administration and authorize the Mayor and City Clerk to sign the grant and Federal grant assurances? RECOMMENDATION: 1. Accept a Federal Aviation Administration grant in the amount of$149,646, for the engineering and design phase of the 2008 Runway Paving Project. 2. Authorize the Mayor and City Clerk to sign the Federal grant application and grant assurances. BACKGROUND SUMMARY: Runway 15/33 has a significant "dip" in the southern half of the runway pavement and several smaller dips in the northern end of the runway pavement. The Federal Aviation Administration has offered a grant in the amount of$149,646, to complete the pavement design and engineering phase. Pavement design and engineering is needed in order to develop cost estimates and bid preparation documents, prior to going out to bid on or before April 1, 2008. This paving project will go to construction in August 2008. The project design and scheduling will be coordinated, from the beginning, with airport tenants, including The Boeing Company, in an effort to minimize disruptions to flight operations. The 2007 budget for this project is $150,000 and $1.3 million is budgeted for fiscal year 2008. cc: Peter Hahn, Deputy PBPW Administrator—Transportation Ryan Zulauf,Airport Manager Connie Brundage,Transportation Administrative Secretary +" Susan Campbell/Carolyn Currie,Airport Secretary H:\File Sys\AIR-Airport,Transportation Services Division\03 Projects\OlTasks\Agenda Bills\FAA Grant Acceptance-2008 Ruwnay Paving\Issue Paper FAA Grant.doc mosimoirmmimmamerommoirsimir CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN A FEDERAL AVIATION ADMINISTRATION GRANT FOR THE ENGINEERING AND DESIGN PHASE OF THE 2008 RUNWAY PAVING PROJECT. WHEREAS, the City of Renton owns and operates the Renton Municipal Airport subject to Federal Aviation Administration (FAA) Grant Assurances and the Federal Surplus Property Act of 1944; and, WHEREAS, the FAA, from time to time, makes available grants for improvement of municipal airports, and WHEREAS, Runway 15/33 has a significant dip in the southern half of the runway pavement, and several smaller dips in the northern end of the runway pavement, and WHEREAS, the pavement design and engineering phase needs to be completed in order to develop cost estimates and bid preparation documents before going out to bid on or before April 1, 2008; WHEREAS, the FAA has offered a grant in the amount of $149,646, to complete the pavement design and engineering phase to plan for the improvement of a portion of the Renton Mum cipal Airport runway; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. 1 RESOLUTION NO. SECTION II. The Mayor and City Clerk are authorized to sign the Federal Aviation Administration grant in the amount of$149,646, for the engineering and design phase of the 2008 runway paving project. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 2007. Kathy Keolker, Mayor Approved as to form: Nifse Lawrence J. Warren, City Attorney RES. 1290:08/01/07:ch *taw' 2 r�rrarnrrrrr' v, e0101W Northwest Mountain Region U.S.Department Seattle Airports District Office of Transportation 1601 Lind Avenue S.W.,Suite 250 Federal Aviation Renton,Washington 98057-3356 *0411110 Administration July 9, 2007 Mr. Ryan Zulauf Airport: Manager Renton Airport 1055 South Grady Way Renton WA, 98055 Dear Mr. Zulauf: Renton Municipal Airport, Renton, Washington Airport Improvement Program (AIP) Project No. 17 Design Fee for Runway Rehabilitation Project We have reviewed URS Corporation's scope of work and estimate, W&H independent estimate, and your record of negotiations dated June 26, 2007, for phase 1 design of the runway rehabilitation project. A design fee of$149,646 is approved. We have earmarked federal funding for this project in 2008 and the project plans and specifications must be ready to bid no later than April 1, 2008 or funding will be moved to a later year. It has also been our experience that bids taken early in the year yield more competitive bids as opposed to those taken later in the year and we encourage bid documents be ready earlier if possible. Please fill out the attached project schedule and return to the Seattle Airports District Office. If there are any questions please give me a call at (425) 227-2655. Sincerely, Pauli F. Johnson, P.E. Civil Engineer loorroommia Certified current 5/17/07 U.S.DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM PROJECT SCHEDULE LOCATION: Renton Washington PROJECT NUMBER: 3-53-0055-17 PROJECT DESCRIPTION: Rehabilitate Runway ITEM SCHEDULED ACTUAL DATE DATE Start Phase 1 Design work(URS Corporation) Phase 2 Design & Construction Work scope established for independent estimate ' I1✓ Phase 2 Independent Estimate received Phase 2 Record of Negotiation Complete DBE Plan Approved by Civil Rights Geotechnical Investigation and Survey Complete Submit Design Report(50%)to FAA Submit 90% Plans &Specifications with final Design Report to FAA for Review FAA Review Time (2 weeks) Advertising Start Date Open Bids (After 30 days) Signed Application Submitted to FAA Construction Start liiiiiiimmommilmimisassarrsarrasisar APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE June 27, 2007 1. TYPE OF SUBMISSION: 3. DATE RECEIVED BY STATE State Application Identifier Application Pre-application 4. DATE RECEIVED BY FEDERAL AGENCY Federal Identifier ® Construction 0 Construction 3-53-055-17 ❑ Non-Construction 0 Non-Construction , 1' 5. APPLICANT INFORMATION Legal Name: Organizational Unit: City of Renton, Renton Municipal Airport/Clayton Scott Department: Planning Building Public Works Organizational DUNS: Division: Transportation Address: Name and telephone number of person to be contacted on matters Street: 616 West Perimeter Rd, Unit A involving this application(give area code) Prefix: Mr. I First Name: Ryan City: Renton Middle Name: C. County: King Last Name: Zulauf State: Wash Zip Code: 98055 Suffix: Country: Email: rzulaf@ci.renton.wa.us 6. EMPLOYER IDENTIFICATION NUMBER E1N): Phone number(give area code): I FAX number(give area code): 9 1 1 _[610 1 0 1112 17 11 I 425-430-7471 425-4307472 8. TYPE OF APPLICATION: 7. TYPE OF APPLICANT: (See back of form for Application Types) C El New 0 Continuation 0 Revision Other(specify) If Revision,enter appropriate letter(s)in box(es): I (See back of form for description of letters) 9. NAME OF FEDERAL AGENCY Other(specify) FAA *4111d` 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER 2008 Runway Paving Project-Design 1210 _ I 110 6 TITLE: AIP Project#17 12. AREAS AFFECTED BY PROJECT(cities,counties,states,etc.): City of Renton . 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date Ending Date a. Applicant I b. Project Aug 2007 Dec 2007 09 15.ESTIMATE:D FUNDING 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS a. Federal $ 149,646 .1" a.Yes. 0 THIS PREAPPLICATION/APPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 b. Applicant $ 7,482 Am PROCESS FOR REVIEW ON c. State $ n/a uu DATE: d. Local $ n/a '°° b.No. 0 PROGRAM IS NOT COVERED BY E.O.12372 e. Other $ n/a 'U° El OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW f. Program income $ n/a ruD 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? g. TOTAL $ 157,128 'U° ❑Yes If"Yes°attach an explanation El No 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA IN THIS APPLICATION/PREAPPLICATION ARE TRUE AND CORRECT,THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Representative Prefix Ms. i First Name Kathy Middle Name Last Name Keolker Suffix '41111001— b.Title Mayor c.Telephone number(give area code) 425-430-6500 d.Signature Df Authorized Representative e. Date Signed Standard Form 424 (Rev.9-2003) Previous Editions fLocal Not Usable Prescribed by OMB Circular A-102 Authorized for Reproduction U.S.DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO 2120-0569 PART II PROJECT APPROVAL INFORMATION SECTION A ioarie Item 1 Name of Governing Body Does this assistance request require State, Priority local, regional,or other priority rating? ❑Yes®No Item 2. Name of Agency or Board Does this assistance request require State,local (Attach Documentation) advisory,educational or health clearances? ❑Yes®No (Attach Comments) Item 3 Does this assistance request require clearinghouse review in accordance with OMB Circular A-95? ❑Yes No Item 4 Name of Approving Agency Does this assistance request require State,local, Date regional or other planning approval? ['Yes No Check One: State ❑ Item 5. Local ❑ Is the proposed project covered by an approved Regional comprehensive plan? ZYes❑No Location of plan Renton Airport Office `err✓ Item 6. Name of Federal Installation Will the assistance requested serve a Federal Federal Population benefiting from Project installation? ❑Yes No Item 7 Name of Federal Installation Will the assistance requested be on Federal land Location of Federal Land or installation? ❑Yes No Percent of Project See instructions for additional information to be provided. Item 8 Will the assistance requested have an impact or effect on the environment? [1]Yes®No Number of: Item 9. Individuals Will the assistance requested cause the displacement of Families individuals,families, businesses,or farms? Businesses ❑Yes No Farms See instructions for additional information to be provided. Item 10. Is there other related Federal assistance on this project previous, pending,or anticipated? °fir► ❑Yes®No FM Form 5100-100(6-73)SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page 2 moriusaiiimmommisimiiiiimmmir .. INSTRUCTIONS FOR THE SF 424 Public reporting burden for this collection of information is estimated to average 45 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget,Paperwork Reduction Project(0348-0043),Washington,DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. This is a standard form used by applicants as required face sheet for pre-applications and applications submitted for Federal assistance. It will be used by Federal agencies to obtain applicant certification that States which have established a review and comment procedure in response to Executive Order 12372 and have selected the program to be included in their process,have been given an opportunity to review the applicant's submission. Item Entry: Item Entry: 1. Select Type of Submission. 11. Enter a brief descriptive title of the project. If more than one program is involved, you should append an explanation on a separate sheet. If appropriate (e.g. construction or real property projects), attach a map showing project location. For pre- applications, use a separate sheet to provide a summary description of this project. 2. Date application submitted to Federal agency(or State if 12. List only the largest political entities affected(e.g.,State,counties, applicable)&applicant's control number(if applicable). cities). 3. State use only(if applicable) 13. Enter the proposed start date and end date of the project. 4. Enter Date Received by Federal Agency 14. List the applicant's Congressional District and any District(s) Federal identifier number: If this application is a continuation or affected by the program or project. revision to an existing award,enter the present Federal Identifier number. If for a new project,leave blank. 5. Enter legal name of applicant, name of primary organizational 15. Amount requested or to be contributed during the first unit (including division, if applicable), which will undertake the funding/budget period by each contributor. Value of in-kind assistance activity, enter the organization's DUNS number contributions should be included on appropriate lines as (recent ed from Dun and Bradstreet), enter the complete address applicable. If the action will result in a dollar change to an existir- of the applicant (including country), and name, telephone award,indicate only the amount of the change. For decreases, number, e-mail, and fax of the person to contact on matters enclose the amounts in parentheses. If both basic and related to this application. supplemental amounts are included,show breakdown on an attached sheet. For multiple program funding,use totals and show breakdown using same categories as item 15. 6. Enter Employer Identification Number (EIN)as assigned by the 16. Applicants should contact the State Single Point of Contact Internal Revenue Service. (SPOC)for Federal Executive Order 12372 to determine whether the application is subject to the State intergovernmental review process. 7. Enter the appropriate letter 17. This question applies to the applicant organization, not the in the space provided. I. State Controlled person who signs as the authorized representative. Categories A. State Institution of Higher of debt include delinquent audit disallowances,loans and taxes. B. County Learning C. Municipal J. Private University D. Township K. Indian Tribe E. Interstate L. Individual F. Intermunicipal M. Profit Organization G. Special District N. Other(Specify) H. Independent School O. Not for Profit Organization District 8. Select type from the following list: 18. To be signed by the authorized representative of the applicant. A copy of the governing body's authorization for you to sign this • "New"means a new assistance award. application as official representative must be on file in the • "Continuation"means an extension for an additional applicant's office. (Certain Federal agencies may require that this funding/budget period for a project with a projected authorization be submitted as part of the application.) completion date. • "Revision"means any change in the Federal Government's financial obligation or contingent liability from an existing obligation. If a revision enter the appropriate letter: A.Increase Award B.Decrease Award C.Increase Duration D.Decrease Duration 9. Name of Federal agency from which assistance is being requested with this application. 10. Use the Catalog of Federal Domestic Assistance number and title of the program under which assistance is requested. SF-424(Rev.7-97)Back INSTRUCTIONS PART II SECTION A Negative answers will not require an explanation unless the Federal agency requests more information at a later date. Provide supplementary data for all"Yes"answers in the space provided in accordance with the following instructions. `11.1'Item 1.—Provide the name of the governing body Item 6.—Show the Federal population residing or working establishing the priority system and the priority rating on the federal installation that will benefit from this project. assigned to this project. Item 7.—Show the percentage of the project work that will Item 2.—Provide the name of the agency or board which be conducted on federally-owned or leased land. Give the issued the clearance and attach the documentation of name of the Federal installation and its location. status or approval. Item 8.—Briefly describe the possible beneficial and/or Item 3.—Attach the clearinghouse comments for the harmful impact on the environment because of the pro- application in accordance with the instructions contained in posed project. If an adverse environmental impact is anti- Office of Management and Budget Circular No.A-95. If cipated,explain what action will be taken to minimize the comments were submitted previously with a preapplication, impact. Federal agencies will provide separate instructions do not submit them again but any additional comments if additional data is needed. received from the clearinghouse should be submitted with this application. Item 9.—State the number of individuals,families,busi- nesses,or farms this project will displace.Federal Item 4.—Furnish the name of the approving agency and agencies will provide separate instructions if additional the approval date. data is needed. Item 5.—Show whether the approved comprehensive plan Item 10.—Show the Federal Domestic Assistance Catalog is State,local or regional,or if none of these,explain the number,the program name,the type of assistance,the scope of the plan. Give the location where the approved status,and amount of each project where there is related plan is available for examination and state whether this previous,pending,or anticipated assistance. Use project is in conformance with the plan. additional sheets,if needed. Paperwork Reduction Act Statement:The information collected on this form allows sponsors of public use airports or public agencies to apply for one or more projects in a form prescribed by the Secretary of Transportation. Title 49,United States Code(U.S.C.),Section 47105,identifies the information required to apply for this program.The forms prescribed to meet ,this requirement are developed to provide a comprehensive format that allows sponsors to provide the data needed to evaluate the request for funds.The burden for each response is estimated to be 28 hours.Approved applications benefit the sponsor by providing Federal funding to protect the Federal interest in safety,efficiency,and utility of the Nation's airport system.No assurance of confidentiality can be given since these become public records.If you wish to make any comments concerning the accuracy of this burden estimate or any suggestions for reducing this burden,send to Federal Aviation Administration,ARP-10,800 Independence AVE,SW,Washington,DC 20591.Please note that an agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless it displays a currently valid OMB control number,which is 2120-0569 for this collection. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at:800 Independence Ave SW,Washington,DC 20591,Attn:Information Collection Clearance Officer,ABA-20 U.S.DEPARTMENT 0=TRANSPORTATION-FEDERAL AVIATION ADMINISTRATION OMB NO 2120-0569 PART II-SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use.-The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: The City of Renton has adopted a complete land use plan for areas around the airport per the Washington State Department of Transportation guidelines. FAR Part 77 surfaces are also protected in the City's compatible land use program. 2. Defaults. -The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development,operation, or maintenance of any airport,except as stated herewith: The sponsor is not in default on any obligations. 3. Possible Disabilities.-There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings)which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: Not applicable. 4. Land.- (a) The sponsor holds the following property interest in the following areas of land*which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit"A": Yes-See Exhibit A-Renton Municipal Airport is a Federal Surplus Property Act Airport. Land interest owned by the sponsor is shown on the property map(Airport Layout Plan dated 5/2/96)on file with the Seattle ADO,Renton Washington *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse Interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. Page 3a FAA Form 5100-100(4-76) U.S.DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION OMB NO.2120-0569 PART II—SECTION C (CONTINUED) The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company .timpeid that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project,the following property interest in the following areas of land*on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit"A": The sponsor does not need to acquire any property,or interest in any property to complete this project. (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project,the following property interest in the following areas of land*which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project,all of which areas are identified on the aforementioned property map designated as Exhibit"A": Not applicable. The sponsor does not need to acquire any property,or interest in any property to complete this project. `'fir'' 5. Exclusive Rights.—There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: Exclusive rights have not been given by the sponsor. *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. err' FM Form 5100-100(4-76) Page 3b U.S.DEPARTMENT OF TRANSPORTATION-FEDERAL AVIATION ADMINISTRATION OMB N0.2120-0569 PART III—BUDGET INFORMATION -CONSTRUCTION SECTION A-GENERAL 1. Federal Domestic Assistance Catalog No. • . 2. Functional 07 Other Breakout. • • SECTION B -CALCULATION OF FEDERAL GRANT Use only for revisions Cost Classification Latest Approved Adjustment+.or(-) Total Amount Amount Required 1. Administration Expense $ $ $ 7,482 2. Preliminary Expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 5. Other architectural engineering fees 149,646 6. Project inspection fees 7. Land development 8. Relocation Expenses 9. Relocation payments to individuals and businesses 10. Demolition and removal 11. Construction and project improvement 12. Equipment 13. Miscellaneous 157,128 14. Total (Lines 1 through 13) 15. Estimated Income (if applicable) 16. Net Project Amount(Line 14 minus 15) 157,128 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) 149,646 20. Federal Share requested of Line 19 149,646 21. Add Rehabilitation Grants Requested (100 percent) 22. Total Federal grant requested (Lines 20&21) 149,646 23. Grantee share 7,482 24. Other shares $ $ 25. Total project(Lines 22,23,&24) $ 157,128 FAA FORM 5100-100(6-73)SUPERSEDES FAA FORM 5100-10 PAGES 1 THRU 7 Page INSTRUCTIONS PART III SECTION A. GENERAL 1. Show the Federal Domestic Assistance Catalog Number However,show the total amounts for all programs in Section B from which the assistance is requested. When more than of the basic application form. one program or Catalog Number is involved and the amount annot be distributed to the Federal grant program or catalog 2. Show the functional or other categorical breakouts, if dumber on an over-all percentage basis,prepare a separate required by the Federal grantor agency. Prepare a separate set of Part III forms for each program or Catalog Number. set of Part III forms for each category. SECTION B. CALCULATION OF FEDERAL GRANT When applying for a new grant,use the Total Amount Column only. When requesting revisions of previously awarded amounts,use all columns. Line 1 -Enter amounts needed for administration expenses Line 12-Enter amounts for equipment both fixed and movable including such items as travel,legal fees,rental of vehicles exclusive of equipment used in construction. For example, and any other expense items expected to be incurred to include amounts for permanently attached laboratory tables, administer the grant. Include the amount of interest expense built-in audio visual systems, movable desks,chairs,and when authorized by program legislation and also show this laboratory equipment. amount under Section E Remarks. Line 13-Enter amounts for items not specifically mentioned Line 2-Enter amounts pertaining to the work of locating and above. designing, making surveys and maps,sinking test holes,and Line 14-Enter the sum of Lines 1-13. all other work required prior to actual construction. Line 15-Enter the estimated amount of program income that will be earned during the grant period and applied to the Line 3-Enter amounts directly associated with the acquisition program. of land,existing structures,and related right-of-way. Line 16-Enter the difference between the amount on Line 14 Line 4-Enter basic fees for architectural engineering services. and the estimated income shown on Line 15. Line 5-Enter amounts for other architectural engineering Line 17-Enter the amounts for those items which are a part of services,such as surveys,tests, and borings. the project but not subject to Federal participation(See Section C, Line 26g, Column(1)). Line 6-Enter fees for inspection and audit of construction and related programs. Line 18-Enter the estimated amount for contingencies. Compute this amount as follows. Subtract from the net project lisoeLine 7-Enter amounts associated with the development of amount shown on Line 16 the ineligible project exclusions land where the primary purpose of the grant is land shown on Line 17 and the amount which is excluded from the improvement. Site work normally associated with major contingency provisions shown in Section C, Line 26g,Column construction should be excluded from this category and shown (2). Multiply the computed amount by the percentage factor on line 11. allowed by the grantor agency in accordance with the Federal program guidance. For those grants which provide for a fixed Line 8-Enter the dollar amounts needed to provide relocation dollar allowance in lieu of a percentage allowance,enter the advisory assistance,and the net amounts for replacement(last dollar amount of this allowance. resort)housing. Do not include relocation administration expenses on this Line;include them on Line 1. Line 19-Show the total amount of Lines 16, 17,and 18. (This is the amount to which the matching share ratio pre-scribed in Line 9-Enter the estimated amount of relocation payments to program legislation is applied.) be made to displaced persons, business concerns and non- profit organizations for moving expenses and re-placement Line 20-Show the amount of Federal funds requested housing. exclusive of funds for rehabilitation purposes. Line 10-Enter the gross salaries and wages of employees of Line 21 -Enter the estimated amounts needed for rehabili- the grantee who will be directly engaged in performing tation expense if rehabilitation grants to individuals are made demolition or removal of structures from developed land. This for which grantees are reimbursed 100 percent by the Federal line should show also the cost of demolition or removal of grantor agency in accordance with program legislation. If the improvements on developed land under a third party contract. grantee shares in part of this expense show the total amount Reduce the costs on this line by the amount of expected on Line 13 instead of on Line 21 and explain in Section E. proceeds from the sale of salvage, if so instructed by the Federal grantor agency. Otherwise,show the proceeds on Line 22-Show the total amount of the Federal grant re- Line 15. quested. Line 11 -Enter amounts for the actual construction of,addition Line 23-Show the amount from Section D,Line 27h. to,or restoration of a facility. Also include in this category the amounts of project improvements such as sewers,streets, Line 24-Show the amount from Section D, Line 28c. landscaping and lighting. "' Line 25-Self-explanatory. U.S.DEPARTMENT OF TRANSPORTATION-FEDERAL AVIATION ADMINISTRATION OMB NO.2120-0569 SECTION C -EXCLUSIONS Ineligible for Excluded from Participation Contingency Provision 26. Classification a. $ $ b.. c. d. e. f. 9 Totals SECTION D -PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE � 7,482 27. Grantee.Share(Lease revenue) a.Securities b.Mortgages c.Appropriations(By Applicant) d.Bonds e.Tax Levies f.Non Cash' g.Other(Explain) 7,482 h.TOTAL-Grantee share 28. Other Shares a.State b.Other c.Total Other Shares S 29. TOTAL 7,482 SECTION E-REMARKS PART IV PROGRAM NARRATIVE (ATTACH—SEE INSTRUCTIONS) PAGE FAA Form 5100-100(6-73)SUPERSEDES FM FORM 5100-10 PAGES 1 THRU 7 • INSTRUCTIONS PART III SECTION C. EXCLUSIONS Line 27h-Show the total of Lines 27 a-g. This amount must equal the amount shown in Section B,Line 23. *Ilene 26 a-g-Identify and list those costs in Column (1)which are part of the project cost but are not subject to Federal Line 28a-Show the amount that will be contributed by a State or state agency,only if the applicant is not a State or state agency. If participation because of program legislation or Fed there is a noncash contribution,explain what the contribution will eral grantor agency instructions. The total amount on Line g should agree with the amount shown on Line 17 of Section consist of under Section E Re marks. B, Show in Column (2)those project costs that are subject Line 28b-Show the amount that will be contributed from other to Federal participation but are not eligible for inclusion in the sources. If there is a noncash contribution,explain what the amount used to compute contingency amounts as provided contribution will consist of under Section E Re-marks. in the Federal grantor agency instructions. Line 28c-Show the total of Lines 28a and 28b. This amount must Section D. PROPOSED METHOD OF FINANCING be the same as the amount shown in Section B,Line 24. NON-FEDERAL SHARE Line 29-Enter the totals of Line 27h and 28c. Line 27 a-g-Show the source of the grantee's share. If SECTION E. OTHER REMARKS cash is not immediately available specify the actions com- pleted to date and those actions remaining to make cash Make any remarks pertinent to the project and provide any other information required by these instructions or the grantor agency. available under Section E Remarks. Indicate also the period of time that will be required after execution of the grant Attach additional sheets,if necessary. agreement to obtain the funds. If there is a noncash contribution,explain what this contribution will consist of. immiiiimimimmimmaiiiiimmoungimmommumemw PART IV PROGRAM NARRATIVE ,,, (Suggested Format) OMB N0.2120-056 U.S.DEPARTMENT OF TRANSPORTATION-FEDERAL AVIATION ADMINISTRATION PROJECT: PHASE 1 — PRELIMINARY ENGINEERING, TOPOGRAPHIC SURVEY, AND GEOTECHNICAL EXPLORATION FOR REHABILITATION OF RUNWAY 15-33 AIRPORT: Renton Municipal Airport 1. Objective: To rehabilitate deteriorating pavement conditions and improve ridability on Runway 15/33 2. Benefits Anticipated: Extend the remaining life of Runway 15/33 and to improve the performance of the sames. 44004 3. Approach: Conduct a topographic survey of the project limits including location services: i. Location of existing structures. ii. Location of markings and guidance signs. iii. Location of known existing utilities, as shown in the Airport Utility drawing. iv. Locations of existing drainage features and invert elevations. v. Location of pavement break lines and low and high points. Geotechnical Investigations — Conduct a geotechnical investigation along the proposed rehabilitation area per FAA Advisory Circular 15015320-6D, Chapter 2 — Soil Investigations and Evaluation, Table 2-1: Recommended Soil Boring Spacing's and Depths. a) Explore subsurface soil conditions by conducting fifty (10) core samples of existing pavement and subsurface soils to a depth of ten feet. b) Obtain representative samples of the various soils encountered, classify the material! log the depth of any groundwater encountered, and maintain a detailed log of each exploration per the Unified Soil Classification System (USCS). c;) Evaluate pertinent physical engineering characteristics of the subgrade soils from tht results of tests conducted on the samples obtained in the field. In situ testing of CBR value a standard proctor, Atterburg limits, and a sieve analysis including percent finer than .02 mi for frost analysis. d) Prepare a report of geotechnical findings and recommendations. Pavement Design and Preliminary Civil Engineering Plans - Perform a pavement analysis ar provide a recommended pavement sections for each area of rehabilitation. Airfield pavements will be designed in accordance with FAA Advisory Circular 15015320-6D Airport Nome Pavement Design and Evaluation. Prepare preliminary construction plans and contract documents to include technical specifications to a 50 percent level of completion, and solic comments on preliminary designs from the Airport personnel and the FAA. Prepare the Engineer's Design Report at 50% to include: a) Pavement design for each area of pavement rehabilitation. b) List of Advisory Circulars, Design, and Construction Standards. c) Modifications to Standards (if any). d) Phasing and scheduling schedule. e) Project quantities and construction cost estimates. f) Lighting and marking designs. g) Information regarding pavement designs. h) A list of outstanding design issues. 4. Geographic Location: Renton Municipal Airport— Runway 15/33 5. Justification for Force Account Work: (if applicable) *se Not applicable 6: Sponsor's Representative: (incl. address &tel. no.) Ryan C. Zulauf Airport Manager Renton Municipal Airport/Clayton Scott Field 616 West Perimeter Road, Unit A Renton, WA 98057 425-430-7471 FM Form 5100-100(6-73)SUPERSEDES FM FORM 5100-10 PAGES 1 THRU 7 PAG 4111110P • INSTRUCTIONS PART IV PROGRAM NARRATIVE Prepare the program narrative statement in accordance with the following instructions for all new grant programs. Requests for supplemental assistance should be responsive to Item 5b only. Requests for continuation or refunding or other changes of an approved project should be responsive to Item 5c only. 1. OBJECTIVES AND NEED FOR THIS ASSISTANCE. 4. GEOGRAPHIC LOCATION. Pinpoint any relevant physical,economic,social,financial, Give a precise location of the project and area to be served by institutional,or other problems requiring a solution. the proposed project. Maps or other graphic aids may be attached. Demonstrate the need for assistance and state the principal and subordinate objectives of the project Supporting 5. IF APPLICABLE,PROVIDE THE FOLLOWING documentation or other testimonies from concerned INFORMATION: interacts other than the applicant may be used. Any relevant data based on planning studies should be included a. Describe the relationship between this project and other work or footnoted. planned,anticipated,or underway under the Federal Assistance listed under Part II,Section A,Item 10. 2. RESULTS OR BENEFITS EXPECTED. b. Explain the reason for all requests for supplemental Identify results and benefits to be derived. For example, assistance and justify the need for additional funding. include a description of who will occupy the facility and show how the facility will be used. For land acquisition or c. Discuss accomplishments to date and list in chronological development projects,explain how the project will benefit order a schedule of accomplishments,progress or milestones the public. anticipated with the new funding re-quest. If there have been significant changes in the project objectives,location,approach 3. APPROACH or time delays,explain and justify. For other requests for changes or amendments,explain the reason for the change(s). a. Outline a plan of action pertaining to the scope and the scope or objectives have changed or an extension of tir. �is detail of how the proposed work will be accomplished for necessary,explain the circumstances and justify. If the t( each grant program. Cite factors which might accelerate or budget has been exceeded or if individual budget items hi decelerate the work and your reason for taking this approach changed more than the prescribed limits contained in Attachmen as opposed to others. Describe any unusual features of K,Office of Management and Budget Circular No.A-102,explair the project such as design or technological innovations, and justify the change and its effect on the project. reductions in cost or time,or extraordinary social and community involvements. b. Provide each grant program monthly or quarterly quantitative projections of the accomplishments to be achieved,if possible. When accomplishments cannot be quantified,list the activities in chronological order to show the schedule of accomplishments and their target dates. c. Identify the kinds of data to be collected and main- tained,and discuss the criteria to be used to evaluate the results and success of the project. Explain the methodology that will be used to determine if the needs identified and discussed are being met and if the results and benefits identified in Item 2 are being achieved. d. List each organization,cooperator,consultant,or other key individuals who will work on the project along with a short description of the nature of their effort or contribution. CIP/PREAPPLICATION DATA SHEET I'm' AIRPORT: Renton Municipal Airport LOCAL PRIORITY: UPDATED: WORK ITEM: PHASE 1 — PRELIMINARY ENGINEERING, TOPOGRAPHIC SURVEY, AND GEOTECHNICAL EXPLORATION FOR REHABILITATION OF RUNWAY 15133 Note: Cross hatching identifies pavement area on Runway 15133 to be rehabilitated SKETCH: 'err►. JUSTIFICATION: Runway 15/33 supports all general aviation (GA), business and Part 135 operators. The existing asphalt is deteriorating, entire runway will require rehabilitation. SPONSOR SIGNATURE: DATE: COST ESTIMATE: Item (Excavation, Paving, etc.) ADMINISTRATION: $ 7,482 1 $ 4: $7,482 ENGINEERING: $ 149,646 2: $ 5: $149,646 INSPECTION: $ 3: $ TOTAL: $157,128 ADO USE: PREAPP GRANT NPIAS WORK FAA NO: NO: CODE: CODE: PRIOR: FED $ `'0rrr Appendix t ASSURANCES Airport Sponsors A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development,airport planning,and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49,U.S.C.,subtitle VII,as amended. As used herein,the term"public agency sponsor"means a public agency with control of a public-use airport;the term"private sponsor" means a private owner of a public-use airport;and the term"sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor,these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms,conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project,or throughout the useful life of the project items installed within a facility under a noise compatibility program project,but in any event not to exceed twenty(20)years from the date of acceptance of a grant offer of Federal funds for the project. However,there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions,and assurances with respect to real property acquired with federal funds. Furthermore,the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph I also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten(10)years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement,only Assurances 1,2,3,5,6, 13, 18,30,32,33,and 34 in section C apply to planning projects. The terms,conditions,and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies,with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations,executive orders,policies,guidelines,and requirements as they relate to the application,acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49,U.S.C.,subtitle VII,as amended. b. Davis-Bacon Act-40 U.S.C. 276(a),et seq.' c. Federal Fair Labor Standards Act-29 U.S.C. 201,et seq. d. Hatch Act—5 U.S.C. 1501,et seq,' Airport Assurances(3/2005) 1 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C.4601,et seq.12 4iarre f. National Historic Preservation Act of 1966-Section 106- 16 U.S.C. 470(f).' g. Archeological and Historic Preservation Act of 1974- 16 U.S.C.469 through 469c.' h. Native Americans Grave Repatriation Act-25 U.S.C. Section 3001,et seq. i. Clean Air Act,P.L.90-148,as amended. j. Coastal Zone Management Act,P.L.93-205,as amended. k. Flood Disaster Protection Act of 1973-Section 102(a)-42 U.S.C. 4012a.' 1. Title 49,U.S.C.,Section 303,(formerly known as Section 4(f)) m. Rehabilitation Act of 1973 -29 U.S.C.794. n. Civil Rights Act of 1964-Title VI-42 U.S.C.2000d through d-4. o. Age Discrimination Act of 1975-42 U.S.C.6101,et seq. p. American Indian Religious Freedom Act,P.L.95-341,as amended. q. Architectural Barriers Act of 1968-42 U.S.C.4151,et seq.1 r. Power plant and Industrial Fuel Use Act of 1978-Section 403-2 U.S.C. 8373.' s. Contract Work Hours and Safety Standards Act-40 U.S.C. 327,et seq.' t. Copeland Anti kickback Act- 18 U.S.C. 874.1 u. National Environmental Policy Act of 1969-42 U.S.C.4321,et seq.' v. Wild and Scenic Rivers Act,P.L.90-542,as amended. w. Single Audit Act of 1984-31 U.S.C.7501,et seq.' x. Drug-Free Workplace Act of 1988-41 U.S.C.702 through 706. Executive Orders Misr' Executive Order 11246-Equal Employment Opportunity' Executive Order 11990-Protection of Wetlands Executive Order 11998—Flood Plain Management Executive Order 12372-Intergovernmental Review of Federal Programs. Executive Order 12699-Seismic Safety of Federal and Federally Assisted New Building Construction' Executive Order 12898-Environmental Justice Federal Regulations a. 14 CFR Part 13 -Investigative and Enforcement Procedures. b. 14 CFR Part 16-Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CFR Part 150-Airport noise compatibility planning. d. 29 CFR Part 1 -Procedures for predetermination of wage rates.' e. 29 CFR Part 3 -Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' f. 29 CFR Part 5 -Labor standards provisions applicable to contracts covering federally financed and assisted construction(also labor standards provisions applicable to non-construction contracts subject to the Contract Work Hours and Safety Standards Act).' g. 41 CFR Part 60-Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor(Federal and federally assisted contracting requirements).' Airport Assurances(3/2005) 2 h. 49 CFR Part 18-Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 i. 49 CFR Part 20-New restrictions on lobbying. j. 49 CFR Part 21 -Nondiscrimination in federally-assisted programs of the Department of Transportation-effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23-Participation by Disadvantage Business Enterprise in Airport Concessions. 1. 49 CFR Part 24-Uniform relocation assistance and real property acquisition for Federal and federally assisted programs.I 2 m. 49 CFR Part 26—Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27-Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.i o. 49 CFR Part 29—Government wide debarment and suspension(nonprocurement) and government wide requirements for drug-free workplace (grants). p. 49 CFR Part 30-Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 41 -Seismic safety of Federal and federally assisted or regulated new building construction.' Office of Management and Budget Circulars a. A-87-Cost Principles Applicable to Grants and Contracts with State and Local Governments. b A-133 -Audits of States,Local Governments,and Non-Profit Organizations ' These laws do not apply to airport planning sponsors. These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance.Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49,United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant,and to finance and carry out the proposed project;that a resolution,motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein,and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions,and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person Airport Assurances(3/2005) 3 to file this application,including all understandings and assurances contained therein;to act in connection with this application;and to provide such additional information as may be required. 3. Sponsor Fund Availability.It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. a. It,a public agency or the Federal government,holds good title,satisfactory to the Secretary,to the landing area of the airport or site thereof,or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor,it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions,and assurances in the grant agreement without the written approval of the Secretary,and will act promptly to acquire,extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. 'err b. It will not sell,lease,encumber,or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or,for a noise compatibility program project,that portion of the property upon which Federal funds have been expended,for the duration of the terms,conditions,and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49,United States Code,to assume the obligations of the grant agreement and to have the power,authority,and financial resources to carry out all such obligations,the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest,and make binding upon the transferee all of the terms,conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor,it will enter into an agreement with that government. Except as otherwise specified by the Secretary,that agreement shall obligate that government to the same terms,conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non-compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that 'rlr' Airport Assurances(3/2005) 4 property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. *41.01 e. If the sponsor is a private sponsor,it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public-use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor,the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code,the regulations and the terms,conditions and assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. 6. Consistency with Local Plans. The project is reasonably consistent with plans(existing at the time of submission of this application)of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users.In making a decision to undertake any airport development project under Title 49,United States Code,it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport,an airport runway,or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic,social,and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall,when requested by the Secretary,submit a copy of the transcript of such hearings to the Secretary. Further,for such projects,it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location,a major runway extension,or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed,constructed,and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency,certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995,for the replacement or reconstruction of pavement at the airport,it assures or certifies that it has implemented an effective airport pavement maintenance-management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such vim, Airport Assurances(3/2005) 5 reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport,as defined in Title 49,it has,on the date of submittal of the project grant application,all the safety equipment required for certification of such airport under section 44706 of Title 49,United States Code,and all the security equipment required by rule or regulation,and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System,Audit,and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant,the total cost of the project in connection with which the grant is given or used,and the amount or nature of that portion of the cost of the project supplied by other sources,and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States,or any of their duly authorized representatives, for the purpose of audit and examination,any books,documents,papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient.In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used,it shall file a certified copy of such audit with the Comptroller General of the United States not later than six(6)months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include,in all contracts in excess of$2,000 for work on any projects funded under the grant agreement which involve labor,provisions establishing minimum rates of wages,to be predetermined by the Secretary of Labor,in accordance with the Davis-Bacon Act,as amended(40 U.S.C.276a-276a-5),which contractors shall pay to skilled and unskilled labor,and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor,such provisions as are necessary to insure that,in the employment of labor(except in executive,administrative,and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 47112 of Title 49,United States Code. However,this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications,and schedules approved by the Secretary. Such plans,specifications,and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction,or other performance under this grant agreement,and,upon approval of the Secretary,shall be incorporated into this grant agreement.Any modification to the approved %w Airport Assurances(3/2005) 6 plans,specifications,and schedules shall also be subject to approval of the Secretary,and incorporated into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans,specifications,and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary.Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public,and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish,disclose, ' distribute,and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport,other than facilities owned or controlled by the United States,shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal,state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes.It will suitably Airport Assurances(3/2005) 7 • operate and maintain the airport and all facilities thereon or connected therewith,with due regard to climatic and flood conditions. Any proposal rrr to temporarily close the airport for non-aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance,the sponsor will have in effect arrangements for- (1)Operating the airport's aeronautical facilities whenever required; (2)Promptly marking and lighting hazards resulting from airport conditions,including temporary conditions;and (3)Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow,flood or other climatic conditions interfere with such operation and maintenance. Further,nothing herein shall be construed as requiring the maintenance, repair,restoration,or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes)will be adequately cleared and protected by removing,lowering,relocating,marking,or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. *we 21. Compatible Land Use. It will take appropriate action,to the extent reasonable,including the adoption of zoning laws,to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition,if the project is for noise compatibility program implementation,it will not cause or permit any change in land use,within its jurisdiction,that will reduce its compatibility,with respect to the airport,of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types,kinds and classes of aeronautical activities,including commercial aeronautical activities offering services to the public at the airport. b. In any agreement,contract,lease,or other arrangement under which a right or privilege at the airport is granted to any person,firm,or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport,the sponsor will insert and enforce provisions requiring the contractor to- (1) furnish said services on a reasonable,and not unjustly discriminatory, basis to all users thereof,and (2) charge reasonable,and not unjustly discriminatory,prices for each unit or service,provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts,rebates,or other similar types of price reductions to volume purchasers. 'ern►'' Airport Assurances(3/2005) 8 c. Each fixed-based operator at the airport shall be subject to the same rates, fees,rentals,and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport and 'ter utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport(whether as a tenant,non tenant,or subtenant of another air carrier tenant)shall be subject to such nondiscriminatory and substantially comparable rules,regulations, conditions,rates,fees,rentals,and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities,subject to reasonable classifications such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person,firm,or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including,but not limited to maintenance,repair,and fueling]that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance,the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable,and not unjustly discriminatory,conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type,kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23.. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing,or intending to provide,aeronautical services to the public. For purposes of this paragraph,the providing of the services at an airport by a single fixed-based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly,burdensome,or impractical for more than one fixed-based operator to provide such services,and b. If allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport. It further agrees that it will not,either directly or indirectly,grant or permit any person,firm, or corporation,the exclusive right at the airport to conduct any aeronautical activities, including,but not limited to charter flights,pilot training,aircraft rental and sightseeing, aerial photography,crop dusting,aerial advertising and surveying,air carrier operations, 44100 Airport Assurances(3/2005) 9 aircraft sales and services,sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity,repair and maintenance of aircraft,sale of aircraft parts,and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity,and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49,United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport,taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development,airport planning or noise compatibility project for which a grant is made under Title 49,United States Code,the Airport and Airway Improvement Act of 1982,the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates,and charges for users of that airport. 25. Airport Revenues. a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987,will be expended by it for the capital or operating costs of the airport;the local airport system;or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. Provided,however,that if covenants or assurances in debt obligations issued before September 3, 1982,by the owner or operator of the airport,or provisions enacted before September 3, 1982,in governing statutes controlling the owner or operator's financing,provide for the use of the revenues from any of the airport owner or operator's facilities,including the airport,to support not only the airport but also the airport owner or operator's general debt obligations or other facilities,then this limitation on the use of all revenues generated by the airport(and,in the case of a public airport,local taxes on aviation fuel)shall not apply. b. As part of the annual audit required under the Single Audit Act of 1984,the sponsor will direct that the audit will review,and the resulting audit report will provide an opinion concerning,the use of airport revenue and taxes in paragraph(a),and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49,United States Code and any other applicable provision of law,including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public;make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects,make the airport and all airport records and documents affecting the airport,including deeds,leases,operation and use Airport Assurances(3/2005) 10 agreements,regulations and other instruments,available for inspection by any duly authorized agent of the Secretary upon reasonable request; C. for noise compatibility program projects,make records and documents relating to the project and continued compliance with the terms,conditions,and assurances of the grant agreement including deeds,leases,agreements, regulations,and other instruments,available for inspection by any duly authorized agent of the Secretary upon reasonable request;and d. in a format and time prescribed by the Secretary,provide to the Secretary and make available to the public following each of its fiscal years,an annual report listing in detail: (i) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made;and (ii) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge,except,if the use by Government aircraft is substantial,charge may be made for a reasonable share,proportional to such use,for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary,or otherwise agreed to by the sponsor and the using agency,substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which,in the opinion of the Secretary,would unduly interfere with use of the landing areas by other authorized aircraft,or during any calendar month that— a. Five(5)or more Government aircraft are regularly based at the airport or on land adjacent thereto;or b. The total number of movements(counting each landing as a movement)of Government aircraft is 300 or more,or the gross accumulative weight of Government aircraft using the airport(the total movement of Government aircraft multiplied by gross weights of such aircraft)is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities,or weather-reporting and communication activities related to air traffic control,any areas of land or water,or estate therein,or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction,operation,and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing(1)boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto;(2)the location and nature of all existing and proposed airport facilities and structures(such as runways,taxiways,aprons,terminal buildings,hangars and roads),including all proposed extensions and reductions of existing airport facilities;and(3)the location of all existing and proposed nonaviation areas and of all existing improvements thereon. Such airport layout plans and each amendment,revision,or modification thereof,shall Airport Assurances(3/2005) 11 be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the airport layout plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might,in the opinion of the Secretary,adversely affect the safety,utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety,utility,or efficiency of any federally owned,leased,or funded property on or off the airport and which is not in conformity with the airport layout plan as approved by the Secretary,the owner or operator will,if requested,by the Secretary(1) eliminate such adverse effect in a manner approved by the Secretary;or(2) bear all costs of relocating such property(or replacement thereof)to a site acceptable to the Secretary and all costs of restoring such property(or replacement thereof)to the level of safety,utility,efficiency,and cost of operation existing before the unapproved change in the airport or its facilities. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall,on the grounds of race,creed,color,national origin,sex,age,or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program,except where Federal financial assistance is to provide,or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a)the period during which the property is used for a ,fir purpose for which Federal financial assistance is extended,or for another purpose involving the provision of similar services or benefits,or(b)the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land,when the land is no longer needed for such purposes,at fair market value,at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States'share of acquisition of such land will,at the discretion of the Secretary,(1)be paid to the Secretary for deposit in the Trust Fund,or (2)be reinvested in an approved noise compatibility project as prescribed by the Secretary,including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program. b. For land purchased under a grant for airport development purposes(other than noise compatibility),it will,when the land is no longer needed for airport purposes,dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States'share of the cost of acquisition of such land will,(1)upon application to the Secretary,be reinvested in another eligible airport improvement project or projects approved by the Secretary at that airport or within the national airport system,or(2)be paid to the Secretary for deposit in the Trust Fund if no eligible project exists. Airport Assurances(3/2005) 12 c. Land shall be considered to be needed for airport purposes under this assurance if(l)it may be needed for aeronautical purposes(including runway protection zones)or serve as noise buffer land,and(2)the revenue from interim uses of such land contributes to the financial self-sufficiency of the airport. Further,land purchased with a grant received by an airport operator or owner before December 31, 1987,will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987,was notified by the operator or owner of the uses of such land,did not object to such use,and the land continues to be used for that purpose,such use having commenced no later than December 15, 1989. d. Disposition of such land under(a)(b)or(c)will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. 32. Engineering and Design Services. It will award each contract,or sub-contract for program management,construction management,planning studies,feasibility studies,architectural services,preliminary engineering,design,engineering,surveying,mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 34. Policies,Standards,and Specifications. It will carry out the project in accordance with policies,standards,and specifications approved by the Secretary including but not limited to the advisory circulars listed in the Current FAA Advisory Circulars for AIP projects,dated and included in this grant,and in accordance with applicable state policies,standards, and specifications approved by the Secretary. 35, Relocation and Real Property Acquisition. (1)It will be guided in acquiring real property, to the greatest extent practicable under State law,by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B.(2)It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24.(3) It will make available within a reasonable period of time prior to displacement,comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit,to the maximum extent practicable,intercity buses or other modes of transportation to have access to the airport,however,it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 3'7. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race,color,national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure Airport Assurances(3/2005) 13 non discrimination in the award and administration of DOT-assisted contracts.The recipient's DBE program,as required by 49 CFR Part 26,and as approved by DOT,is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program,the Department may impose sanctions as provided for under Part 26 and may,in appropriate cases,refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.C.3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense,the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport(as defined in section 47102 of title 49,U.S.C.)has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport,the airport owner or operator shall transmit a report to the Secretary that- 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated;and 3. Provides a time frame within which,if any,the airport will be able to accommodate the requests. sitioe 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. Nov Airport Assurances(3/2005) 14 CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED AND PFC APPROVED PROJECTS Dated 3/21/2007 View the most current versions of these ACs and any associated changes at http://www.faa.gov/airports airtraffic/airports/resources/advisory circulars/. ',rrll0 Number Title 70/7460-1K* Obstruction Marking and Lighting 150/5000-13 Announcement of Availability—RTCA Inc.,Document RTCA-221,Guidance and Recommended Requirements for Airport Surface Movement Sensors 150/5070-6B Airport Master Plans 150/5070-7 Airport System Planning Process 150/5200-28C Notices to Airmen(NOTAMS)for Airport Operators 150/5200-30A Airport Winter Safety and Operations and Changes 1 through 8 150/5200-33A Hazardous Wildlife Attractants On or Near Airports 150/5210-5B Painting,Marking and Lighting of Vehicles Used on an Airport 150/5210-7C Aircraft Fire and Rescue Communications 150/5210-13B Water Rescue Plans,Facilities,and Equipment 15015210-14A Airport Fire and Rescue Personnel Protective Clothing 15015210-15 Airport Rescue&Firefighting Station Building Design 150i5210-18 Systems for Interactive Training of Airport Personnel 150i 5210-19 Driver's Enhanced Vision System(DEVS) 15015220-413 Water Supply Systems for Aircraft Fire and Rescue Protection 150'5220-10C Guide Specification for Water/Foam Type Aircraft Rescue and Firefighting Vehicles 150'5220-13B Runway Surface Condition Sensor Specification Guide 150(5220-16C Automated Weather Observing Systems(AWOS)for NonFederal Applications 150/5220-17A Design Standards for Aircraft Rescue Firefighting Training Facilities and Change 1 150/5220-18 Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials , 40111 150/5220-19 Guide Specification for Small Dual-Agent Aircraft Rescue and Firefighting Vehicles 150/5220-20 Airport Snow and Ice Control Equipment and Change 1 15C/5220-21B Guide Specification for Devices Used to Board Airline Passengers With Mobility Impairments 150/5220-22A Engineered Materials Arresting Systems(EMAS)for Aircraft Overruns 150/5300-13 Airport Design and Changes 1 through 11 150/5300-14 Design of Aircraft Deicing Facilities and Changes 1 through 2 151)/5300-16 General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey 150/5300-17 General Guidance and Specifications for Aeronautical Survey Airport Imagery Acquisition and Submission to the National Geodetic Survey 150/5300-18 General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System(GIS)Standards 150/5320-5B Airport Drainage 150/5320-6D Airport Pavement Design and Evaluation and Changes 1 through 4 150/5320-12C Measurement,Construction,and Maintenance of Skid Resistant Airport Pavement Surfaces 1E0/5320-14 Airport Landscaping for Noise Control Purposes 150/5320-15 Management of Airport Industrial Waste arid Change 1 150/5325-4B Runway Length Requirements for Airport Design 150/5335-5A Standardized Method of Reporting Pavement Strength PCN 150/5340-1J Standards for Airport Markings 150/5340-5B Segmented Circle Airport Marker System and Change/ 150/5340-18D Standards for Airport Sign Systems 150/5340-30B Design and Installation Details for Airport Visual Aids 150/5345-3E Specification for L-821 Panels for Control to Airport Lighting 150/5345-5A Circuit Selector Switch 150/5345-7E Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits ' 150/5345-10F Specification for Constant Current Regulators Regulator Monitors 150/5345-12E Specification for Airport and Heliport Beacon 150/5345-13A Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345-26C Specification for L-823,Plug and Receptacle,Cable Connectors 150/5345-27D Specification for Wind Cone Assemblies 150/5345-28F Precision Approach Path Indicator Systems(PAPI) 150/5345-39C FM Specification L-853,Runway and Taxiway Retroreflective Markers 150/5345-42F Specification for Airport Light Bases,Transformer Housings,Junction Boxes and Accessories 150/5345-43F Specification for Obstruction Lighting Equipment 150/5345-44G Specification for Taxiway and Runway Signs 150/5345-45B Low-Impact Resistant(LIR)Structures 150/5345-46C Specification for Runway and Taxiway Light Fixtures 150/5345-47B Specification for Series to Series Isolation Transformers for Airport Lighting Systems 150/5345-49B Specification L-854,Radio Control Equipment 150/5345-50A Specification for Portable Runway Lights 150/5345-51A Specification for Discharge-Type Flasher Equipment 150/5345-52 Generic Visual Glideslope Indicators(GVGI) 150/5345-53C Airport Lighting Equipment Certification Program 150/5345-4A Specification for L-1884 Power and Control Unit for Land and Hold Short and Change 1 150/5345-55 Lighted Visual Aid to Indicate Temporary Runway Closure 150/5345-56 Specifications for L-890 Airport Lighting Control and Monitoring System(ALCMS) 150/5360-9 Planning and Design of Airport Terminal Facilities at Non-Hub Locations 150/5360-12D Airport Signing&Graphics 150/5360-13 Planning and Design Guidance for Airport Terminal Facilities and Change 1 150/5370-2E Operational Safety on Airports During Construction 150/5370-10B Standards for Specifying Construction of Airports 150/5370-11A Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement 150/5380-6A Guidelines and Procedures for Maintenance of Airport Pavements 150/5390-2A _Heliport Design 150/5390-3 Vertiport Design 150/5395-1 Seaplane Bases The Following Additional Apply to AIP Projects Only Dated:3/21/2007 Number Title 15015100-14D Architectural,Engineering,and Planning Consultant Services for Airport Grant Projects 150/5100-15A Civil Rights Requirements for the Airport Improvement Program 150/5100-17 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects and Changes 1 through 6 150/5200-37 Introduction to Safety Management Systems(SMS)for Airport Operators 150/5300-15 Use of Value Engineering for Engineering Design of Airport Grant Projects 150/5320-17 Airfield Pavement Surface Evaluation and Rating(PASER)Manuals 150/5370-6B Construction Progress and Inspection Report--Airport Grant Program 150/5370-11A Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370-12 Quality Control of Construction for Airport Grant Projects 150/5370-13A Offpeak Constuction of Airport Pavements Using Hot-Mix Asphalt 150/5380-7A Airport Pavement Management System 150/5380-8 Handbook for Identification of Alkali-Silica Reactivity in Airfield Pavements The Following Additional Apply to PFC Projects Only Dated:3/21/2007 Number Title 150/5000-12 Announcement of Availability--Passenger Facility Charge(PFC)Application(FM Form 5500-1) STANDARD DOT TITLE VI ASSURANCES (hereinafter referred to as the Sponsor) hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations")to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the Sponsor agrees concerning this grant that: 1. Each "program" and "facility" (as defined in Section 21.23(a) and 21.23(b))will be conducted or operated in compliance with all requirements of the Regulations. 2. It will insert the clauses of Attachment 1 of this assurance in every contract subject to the Act and the Regulations. 3. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. 4. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. 5. It will include the appropriate clauses set forth in Attachment 2 of this assurance, as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the Sponsor with other parties: (a) for the subsequent transfer of real property acquired or improved with Federal financial assistance under this project; and (ID) for-the construction or use of-or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. 6. This assurance obligates the Sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the Sponsor or any transferee for the longer of the following periods: (s) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or (b) the period during which the Sponsor retains ownership or possession of the property. 7. It will provide for such methods of administration for the program as are found by the Secretary of transportation of the official to whom he delegates specific authority to give reasonable guarantees that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the act, the Regulations, and this assurance. Page 1 of 2 STANDARD DOT TITLE VI ASSURANCES (Continued) 8. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. THIS ASSURANCE is given in consideration of and for the purpose of obtaining Federal financial assistance for this Project and is binding on its contractors, the Sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Sponsor. DATED 6- 26 2007 Renton Municipal Airport/Clayton Scott Kathy Keolker, Mayor tool Page 2 of 2 CONTRACTOR CONTRACTUAL REQUIREMENTS ATTACHMENT 1 During the performance of this contract,the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations. The contractor shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. the contractor shall not participate either directly of indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or lease of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA)to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contract is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. CLAUSES FOR DEEDS, LICENSES, LEASES, PERMITS OR SIMILAR INSTRUMENTS ATTACHMENT 2 The following clauses shall be included in deeds, licenses, leases, permits, or similar instruments entered into by the Sponsor pursuant to the provisions of Assurances 5(a) and 5(b). 1. The (grantee, licensee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land") that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, permittee, etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. **re REQUIRED STATEMENTS AIRPORT IMPROVEMENT PROGRAM PROJECTS AIRPORT: Renton Municipal Airport/Clayton Scott LOCATION: City of Renton AIP PROJECT NO.: 3-53-00 (055)-(17 ) STATEMENTS APPLICABLE TO THIS PROJECT Renton Municipal Airport, Runway Rehabilitation Project ® a. INTEREST OF NEIGHBORING COMMUNITIES: In formulating this project, consideration has been given to the interest of communities that are near(Exact name of airport) ® b. THE DEVELOPMENT PROPOSED IN THIS PROJECT will not require the use of publicly owned land from a public park, recreation area,wildlife and fowl refuge, or a historical site under Federal,State, or Local jurisdiction. Z c:. FBO COORDINATION: The airport development proposed in this project has been coordinated with the Fixed Base Operator(s)utilizing Renton Municipal Airport/Clayton Scott , and they have been informed regarding the scope and nature of this project. d. THE PROPOSED PROJECT IS CONSISTENT with existing approved plans for the area surrounding the airport. The above statements have been duly considered and are applicable to this project. (Provide comment for any statement not checked). BY: Ryan C. Zulauf DATE: TITLE: Airport Manager SPONSORING AGENCY: City of Renton—Renton Municipal Airport/Clayton Scott NOTE: Where opposition is stated to an airport development project,whether expressly or by proposed revision,the following specific information concerning the opposition to the project must be furnished. a. Identification of the Federal,state,or local governmental agency,or the person or persons opposing the project; n/a b. The nature and basis of opposition; n/a c. Sponsor's plan to accommodate or otherwise satisfy the opposition; n/a d. Whether an opportunity for a hearing was afforded,and if a hearing was held,an analysis of the facts developed at the hearing as they relate to the social,economic,and environmental aspects of the proposed project and its consistency with the goals and objectives of such urban planning as has been carried out by the community. n/a e. If the opponents proposed any alternatives,what these alternatives were and the reason for nonacceptance; n/a f. Sponsor's plans,if any,to minimize any adverse effects of the project; n/a g. Benefits to be gained by the proposed development;and n/a h. Any other pertinent information which would be of assistance in determining whether to proceed with the project. n/a CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS ''w"The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL "Disclosure of Lobby Activities", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipents shall certify and disclose accordingly. %0" This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signed Date Ryan C. Zulauf Title Airport Manager n► CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: (b) Establishing an ongoing drug-free awareness program to inform employees about- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3;) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) ill-(1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or Page 1 of 2 CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS (Continued) Alternate I. (Grantees Other Than Individuals) (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f), B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) 616 West Perimeter Road, Unit A Renton Washington 98057 `'4 Check ❑ if there are workplaces on file that are not identified here. Ryan C. Zulauf Signature of certifying official Airport Manager Title Date 44, Page 2 of 2 rrrrrrrrrrrr■rr► TITLE VI PRE-AWARD SPONSOR CHECKLIST Airport/Sponsor: Renton Municipal Airport/Clayton Scott Field AIP#: 17 Project Description(s): 2008 Runway Paving Project-Design 1) Please describe any of the following IF they apply to your project: Title VI issues raised at public hearing(s) and the conclusions made; EIS data concerning the race, color, or national origin of the affected community; steps taken or proposed to guard against unnecessary impact on persons on the basis of race, color or national origin. ❑ None 2) Please list any airport related Title VI lawsuits or complaints filed in the preceding year against the sponsor. Include a summary of the findings. ❑ None (If"None", continue with questions 3 and 4). 3) Please list any current applications for federal funding (other than FAA) of airport related projects which exceed the amount for this grant. ❑ None 4) Please list any airport related Title VI compliance review(s) received by the sponsor in the preceding two years. Include who conducted the review and any findings of noncompliance. El None To be completed by the Civil Rights Staff Review completed and approved: Signature Date: This checklist is only required for projects that involve one of the following: Environmental Assessment or Impact Statement(EIS); airport or runway relocation; major runway extension; relocation of any structure of person; or impact to access or preservation of any burial ceremonial or other sacred or historical structures or lands of any indigenous or ethnic population. Return to: FAA, Civil Rights, Northwest Mountain Region; 1601 Lind Ave. SW; Renton, WA 98057-3356. FAX: (425) 227-1009 Phone (425) 227-2009 CITY OF RENTON COUNCIL AGENDA BILL / Submitting Data: Planning/Building/Public Works For Agenda of: Dept/Div/Board.. Transportation Systems Division August 6,2007 Staff Contact Ryan Zulauf, Airport Manager, x7471 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. URS Corporation Contract—2008 Runway Paving - Ordinance Design Resolution Old Business Exhibits: New Business X Issue Paper Study Sessions Standard Consultant Agreement Information URS Corporation Scope of Services Recommended Action: Approvals: Legal Dept X Refer to Transportation/Aviation Committee Finance Dept Other... Fiscal Impact: (422.025096.016) Expenditure Required... $ 149,646 Transfer/Amendment Amount Budgeted $ 150,000 Revenue Generated Total Project Budget $1,450,000 City Share Total Project.. SUMMARY OF ACTION: Runway 15/33 is scheduled for pavement resurfacing in 2008. This is necessary due to a significant "dip" in the southern half of the runway pavement and several smaller dips in the northern end of the runway pavement. The consulting firm of URS Corporation has been selected to complete the design and engineering phase of the paving project. Pavement design and engineering is needed in order to develop cost estimates and bid preparation documents prior to going out to bid on or before April 1, 2008. The paving project construction phase is scheduled for August 2008. The project design and scheduling will be coordinated with airport tenants, including The Boeing Company, in an effort to minimize disruptions to flight operations. The 2007 budget for the design and engineering phase of this project is $150,000, with$1.3 million budgeted in 2008 for the construction phase. The contract with URS Corporation will be funded with an FAA grant in the amount of$149,646. STAFF RECOMMENDATION: Approve the standard consultant agreement with URS Corporation in the amount of$149,646, for engineering and design of the 2008 Runway Paving Project, and authorize the Mayor and City Clerk to sign the standard consultant agreement with URS Corporation. 1/41001 H:\File Sys\AIR-Airport,Transportation Services Division\03 Projects\01 Tasks\Agenda Bills\URS Design Contract 2008 Runway Paving\Agenda Bill 7-13- 07.doc (cY 0 PLANNING/BUILDING/ ® , PUBLIC WORKS DEPARTMENT -cz/Nr-co� MEMORANDUM DATE: August 6, 2007 TO: Toni Nelson, Council President Members of the Renton City Council VIA: / Kathy Keolker, Mayor to,FROM: Gregg Zimmerman, Administrator STAFF CONTACT: Ryan Zulauf, Airport Manager(x7471) SUBJECT: URS Corporation Contract—2008 Runway Paving Project ISSUE: Should the City enter into a standard consultant agreement with URS Corporation for the purposes of design and engineering services to repave the runway? RECOMMENDATION: 'Niro Approve the standard consultant agreement with URS Corporation in the amount of $149,646, for engineering and design of the 2008 Runway Paving Project, and authorize the Mayor and City Clerk to sign the standard consultant agreement with URS Corporation. BACKGROUND SUMMARY: Runway 15/33 has a significant "dip" in the southern half of the runway pavement and several smaller dips in the northern end of the runway pavement. The consulting firm of URS was selected to complete design and engineering of the paving project. Pavement design and engineering is needed in order to develop cost estimates and bid preparation documents prior to going out to bid on or before April 1, 2008. The paving project will go to construction in August 2008. The project design and scheduling will be coordinated from the beginning with airport tenants, including The Boeing Company, in an effort to minimize disruptions to flight operations. The 2007 budget for this project is $150,000, and $1.3 million is budgeted for fiscal year 2008. cc: Peter Hahn,Deputy PBPW Administrator—Transportation Ryan Zulauf,Airport Manager Connie Brundage,Transportation Administrative Secretary Susan Campbell/Carolyn Currie,Airport Secretary *vIrrr Atiommisommiloollosimmummis Consultant/Address/Telephone Local Agency Standard Consultant URS Corporation 1501 4th Avenue,Suite 1400 Agreement Seattle, WA 98101-1616 - (206)438-2700 ®Architectural/Engineering Agreement ❑ Personal Services Agreement - Agreement Number Project Title And Work Description Renton Municipal Airport Runway Federal Aid Number Rehabilitation Improvement Project Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ ❑ Cost Plus Fixed Fee DBE Participation Overhead Progress Payment Rate % El Yes ® No Overhead Cost Method Federal ID Number or Social Security Number 94-1716908 ['Actual Cost Do you require a 1099 for IRS? Completion Date ❑Actual Cost Not To Exceed _- % ❑Yes ®No April 1, 2008 ❑ Fixed Rate - Fixed Fee $ 149,646.00 Total Amount Authorized ®Specific Rates Of Pay ® Negotiated Hourly Rate Management Reserve Fund $ _- ❑ Provisional Hourly Rate Amount Payable $ 149,646.00 0 Cost Per Unit of Work Index of Exhibits Exhibit "A"-Scope of Work triteit>stivn- Exhibit "C"- Electronic Exchange of Engineering and Other Data Exhibit ' D"- Payment(by Agreement Type) Exhibit'.E"-Consultant Fee Determination Exhibit"h' - Breakdown of Overhead Cost Exhibit -G"- Subcontract Work/Fee Determination Exhibit"H"-Title V[Assurances Exhibit"I"-Payment Upon Termination of Agreement Exhibit'-J"-Alleged Consultant Design Error Procedures Exhibit "K"-Consultant Claim Procedures E�tlti�ir =-hiabi1+Ey-I-nsttranee4ne ease-- E_xhibit"M"-Certification Documents THIS AGREEMENT.made and entered into this day of June 2007 between the Local Agency of City of Renton ,Washington,hereinafter called the "AGENCY" and the above organization hereinafter called the"CONSULTANT". DOT For n 140-089 EF Page 1 of 8 Revised 6/05 • WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project,and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS,the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable,and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms,conditions,covenants and performance contained herein,or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. 'l'he CONSULTANT shall furnish all services, labor,and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit"A"attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies,groups,or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups,and/or individuals shall be coordinated through the AGENCY.The CONSULTANT shall attend coordination,progress and presentation meetings with the AGENCY and/or such Federal,State,Community,City or County officials,groups or individuals as may be requested by the AGENCY.The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY,which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULTANT,and each SUBCONSULTAN'I',shall not discriminate on the basis of race,color,national origin,or sex in the performance of this contract. The CONSULTANT,and each SUBCONSULTANT,shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises(DBE), if required, per 49 CFR Part 26.Or participation of Minority Business Enterprises(MBE),and Women Business Enterprises(WBE),shall be shown on the heading of this AGREEMENT. If D/M/WBE firms are utilized,the amounts authorized to each firm and their certification number will be shown on Exhibit "B"attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUE) regulation outlined in the AGENCY'S "DBE Program Participation Plan".The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS&E materials,and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs,drawings,specifications,documents,and other work products, including all electronic files,prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others,acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Pace 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall he completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays attributable to the CONSULTANT,but may he extended by the AGENCY in the event of a delay attributable to the AGENCY,or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit"D"attached hereto,and by reference made part of this AGREEMENT. Such payment shall be full compensation for work performed or services rendered and for all labor,materials,supplies, equipment, and incidentals necessary to complete the work.The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. A post audit may be perfiirmed on this AGREEMENT.The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub.Contracting The AGENCY permits sub-contracts lin•those items of work as shown in Exhibit"0"attached hereto and by this reference made part of this AGREEMENT. C'ompen,ation lOr this sub-consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub-consultant shall not exceed its maximum amount payable unless a prior written approval has been Nod issued by the AGENCY. All reimbursable direct labor,overhead,direct non-salary costs and fixed tee costs for the sub-consultant shall be substantiated in the same manner as outlined in Section V. All sub-contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. No permission for sub-contracting shall create,between the AGENCY and sub-contractor,any contract or any other relationship. A DBE certified sub-consultant is required to perform a minimum amount of their sub-contracted agreement that is established by the WSDOT I-Iighways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment The CONSULTANT warrants that they have not employed or retained any company or person.other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract,and that it has not paid or agreed to pay any company or person,other than a bona fide employee working solely for the CONSULTANT,any tee, commission, percentage.brokerage fee, gift,or any other consideration,contingent upon or resulting tions the award or making of this contract. For breach or violation of this warrant,the AGENCY shall have the right to annul this AGREEMENT without liability or.in its discretion,to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee,commission,percentage,brokerage fee,gift.or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT,shall be considered employees of the CONSULTANT only and not of the AGENCY,and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged,and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein,shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage,on a full-or part-time basis,or other basis,during the period of the contract, any professional or technical personnel who are,or have been,at any time during the period of the contract, in the employ of the United States Department of Transportation,or the STATE,or the AGENCY,except regularly retired employees, without written consent of the public employer of such person. VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees,and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d-4a) Federal-aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public Law 100-259) American with Disabilities Act of 1990 *ire (42 USC Chapter 126 Section 12101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit"H" attached hereto and by this reference made part of this AGREEMENT,and shall include the attached Exhibit "H"in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten(10)days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT,a final payment shall he made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall he made for any work completed after ten(10)days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would he due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY far any excess paid. If the services of the CONSULTANT arc terminated by the AGENCY for default on the part of the CONSULTANT. the above formula for payment shall not apply. Page 4 of 8 taimosmommismillow In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT ANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination,whether that work is in a form or a type which is usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so,and other factors which affect the value to the AGENCY of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount,which would have been made using the formula set forth above. if it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform i;without the CONSULTANT'S or it's employee's default or negligence, the termination shall he deemed to be a termination for the convenience of the AGENCY. In such an event,the CONSULTANT would be reimbursed for actual coms in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT,or dissolution of the partnership,termination of the corporation,or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY.This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY,if the AGENCY so chooses. in the event of the death of any of the parties listed in the previous paragraph,should the surviving members of the CONSULTANT, with the AGENCY'S concurrence,desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULi'AN'I'for any breach of this AGREEMENT by the CONSULTANT,or for failure or the CONSULTANT to perform work required of it by the AGENCY.Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised,the CONSULTANT shall make such revisions as directed by the AGENCY.This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall he referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT;provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision,that decision shall be subject to de novo judicial review.If the parties to this AGREEMENT mutually agree,disputes concerning alleged design errors will be conducted under the procedures found in Exhibit"J",and disputes concerning claims will he conducted under the procedures found in Exhibit"K". XiI Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington,situated in the county in which the AGENCY is located.The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington.The CONSULTANT hereby ,:onsents to the personal jurisdiction of the Superior court of the State of Washington,situated in the county in which the AGENCY is located. Pane 5of8 XIII Legal Relations The CONSUI:I'ANT shall comply with all Federal,State,and local laws and ordinances applicable to the work to be done under this AGREEMENT.This contract shall be interpreted and construed in accordance with the laws of the Suite of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims,demands,or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT;provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims,demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents,officers and employees;and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT'S agents or employees,and(b)the AGENCY or the STATE.their agents,officers and employees,this indemnity provision with respect to(1)claims or suits based upon such negligence (2)the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANTS relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers.The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law,Title 51 RCW. Unless otherwise specified in the AGREEMENT,the AGENCY shall be responsible for administration of construction contracts, if any,on the PROJECT. Subject to the processing,of a new sole source,or an acceptable supplemental agreement,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques,job '4410r0' site safety,or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT,or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar($1,000,000) combined single limit. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured.The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT.The AGENCY reserves the right to require complete,certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14)days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty(30)days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this '44100° AGREEMENT or one million($1,000,000)dollars, whichever is the greater, unless modified by Exhibit"L". In no case shall the CONSULT'ANT'S professional liability to third parties be limited in any way. Pana 6 ni R . rr�rrrrmr► . The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section.This remedy is not exclusive;and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT,or otherwise in law. XIV Extra Work A.The AGENCY may at any time.by written order, make changes within the general scope of the AGREEMENT in the services to he performed. B. If any such change causes an increase or decrease in the estimated cost of,or the time required for,performance of any part of the work under this AGREEMENT,whether or not changed by the order,or otherwise affects any other terms and conditions of the AGREEMENT,the AGENCY shall make an equitable adjustment in the(I)maximum amount payable;(2)delivery or completion schedule,or both;and (3)other affected terms and shall modify the AGREEMENT accordingly. C.The CONSULTANT must submit any"request for equitable adjustment",hereafter referred to as"CLAIM",under this clause within thirty(30)days from the date of receipt of the written order. However,if the AGENCY decides that th.,facts justify it,the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT. D.Failure to agree to any adjustment shall be a dispute under the Disputes clause.However,nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs(A)and (B) above,the maximum amount payable for this AGRFEMEN'T. shall not be increased or considered to be increased except by specific written supplement to this AGRE EMENT. XV Endorsement of Plans If applicable,the CONSULTANT shall place their endorsement on all plans,estimates,or any other engineering data furnished by them. XVI Federal and State Review The Fed.;ral Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit"M-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY,Exhibit "M-2"Certification Regarding Debarment,Suspension and Other Responsibility Matters-Primary Covered and Transactions, Exhibit"M-3"Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying.a Exhibit"M-4"Certificate of Current Cost or Pricing Data.Exhibit"M-3"is required only in AGREEMENTS over S 100,000 and Exhibit"M-4" is required only in AGREEMENTS over$500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants,stipulations, and provisions agreed upon by the parties. No agent.or representative of either party has authority to make,and the parties shall not be bound by or be liable for,any statement,representation,promise or agreement not set forth herein.No changes,amendments,or modifications of the terms hereof shall he valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts,each of which shall be deemed to be an original having identical legal effect.The CONSULTANT does hereby ratify and adopt all statements, representations, warranties,covenants,and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT,and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof. Page 7 of 8 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. By By Consultant URS Corporation Agency City of Renton 'grow `err+ DOT Form 140-089 EF Revised 6/05 Page 8 of 8 4nr1r EXHIBIT"A" SCOPE OF SERVICES for RENTON MUNICIPAL AIRPORT RUNWAY REHABILITATION IMPROVEMENT PROJECT PHASE 1 —PRELIMINARY ENGINEERING,TOPOGRAPHIC SURVEY,AND GEOTECHNICAL EXPLORATION INTRODUCTION This project includes the rehabilitation of Runway 16/34 at Renton Municipal Airport. The elements of the project include a topographic survey, geotechnical and subsurface exploration,runway and taxiway pavement design, drainage design including the installation of edge drains, regrading or repaving of shoulders and safety areas, and remarking the new pavement. In order to provide the necessary services within current budgetary constraints,the design consultants' level of effort will be subdivided into two phases. Phase 1 will provide the necessary topographic information, geotechnical analysis, FAA grant assistance, preliminary engineering, FAA engineers report, and cost estimating for the construction of the rehabilitation. In Phase 2, the Consultant will preparing final engineering plans for bidding, bidding assistance, construction administration, resident engineering, and inspection.The Consultant will prepare a separate scope of work and fee estimate, for negotiation, upon direction from the City of Renton for the Phase 2 assignment. The following scope of services applies to Phase 1 work only. In preparing the design,which will approach a 50% level of effort in Phase 1, the Consultant shall prepare all FAA grant applications and reporting materials and make use of all applicable as-built drawings,existing survey data, FAA design standards, and all existing geotechnical and engineering reports that are available. DETAIL SCOPE OF SERVICES Phase 1 —Preliminary Engineering,Topographic Survey and Geotechnical Explorations Phase 1.1 Project Management- Provide project management and administration, prepare monthly progress reports, and manage sub-consultants. 1.2 FAA Grant Assistance—Provide services related to filling out grant assurance forms and data sheets necessary for FAA grant assistance applications. 1.3 Pre-Design 1 Review Existing Conditions-Attend one pre-design meeting with The Airport and FAA personnel and produce minutes of the meeting. Review preliminary design drawings and reports, record drawings of the work area, including site drainage and utility records. Conduct a site visit to review existing conditions and record such findings for the engineers report. 1.4 Survey—Provide topographic surveying services as follows: a) Establish horizontal and vertical control outside proposed construction areas, based on the NAVD 88 and NAD 83/91 Horizontal and Vertical Datums. b) Conduct a topographic survey of the project limits including location services: i. Location of existing structures. ii. Location of markings and guidance signs. iii. Location of known existing utilities, as shown in the Airport Utility drawing. iv. Locations of existing drainage features and invert elevations. v. Location of pavement break lines and low and high points. Page 1 of 2 c) Integrate this effort with the survey base map constructed from previous surveys. 1.5 Geotechnical Investigations—Conduct a geotechnical investigation along the proposed rehabilitation area per FAA Advisory Circular 150/5320-6D, Chapter 2—Soil Investigations and Evaluation, Table 2-1: Recommended Soil Boring Spacing's and Depths. a) Explore subsurface soil conditions by conducting fifty(10) core samples of existing pavement and subsurface soils to a depth of ten feet. b) Obtain representative samples of the various soils encountered, classify the materials, log the depth of any groundwater encountered, and maintain a detailed log of each exploration per the Unified Soil Classification System (USCS). c) Evaluate pertinent physical engineering characteristics of the subgrade soils from the results of tests conducted on the samples obtained in the field. In situ testing of CBR values, a standard proctor, Atterburg limits, and a sieve analysis including percent finer than .02 mm for frost analysis. d) Prepare a report of geotechnical findings and recommendations. 1.6 Pavement Design and Preliminary Civil Engineering Plans - Perform a pavement analysis and provide a recommended pavement sections for each area of rehabilitation. Airfield pavements will be designed in accordance with FAA Advisory Circular 150/5320-6D Airport Pavement Design and Evaluation. Prepare preliminary construction plans and contract documents to include technical specifications to a 50 percent level of completion, and solicit comments on preliminary designs from the Airport personnel and the FAA. 1.7 Engineers Report-Prepare the Engineer's Design Report at 50%to include: a) Pavement design for each area of pavement rehabilitation. iirr. b) List of Advisory Circulars, Design, and Construction Standards. c) Modifications to Standards (if any). d) Phasing and scheduling schedule. e) Project quantities and construction cost estimates. 1) Lighting and marking designs. g) Information regarding pavement designs. h) A list of outstanding design issues. 1.8 Incorporate design comments, review available funding, and adjust construction base bid items and bid alternatives as necessary. 1.9 Conduct a meeting with the Airport and FAA staff to review the preliminary plans, construction costs, and construction phasing, Final Design Deliverables • Meeting minutes for all meetings attended. Meeting notes from progress meetings must be delivered within 4 days of each meeting. • Monthly progress reports. • Draft 50% Engineering Design Reports. • Construction design plans and specifications at 50%and construction estimates. • Completed FAA and the Airport Plan and Specifications Review Forms �IIWrr►` Page 2 of 2 Exhibit C Electronic Exchange of Engineering and Other Data In this Ex..libit the agency,as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic Ides for transmission to the agency.The format and standards to be provided may include, but are not limited to, the following: 1. Surveying, Roadway Design & Plans Preparation Section A. Survey Data B. Roadway Design Files C. Computer Aided Drafting Files I . Specify the Agency's Right to Review Product with the Consultant F. Specify the Electronic Deliverables to Be Provided to the Agency P. Specify What Agency Furnished Services and Information Is to Be Provided 11. Any Other Electronic Files to Be Provided III. Methods to Electronically Exchange Data A. Agency Software Suite B. Electronic Messaging System C. File Transfers Format DOT Form 140-089 EF Exhibit C Revised 6/05 • Exhibit D-3 *Nye Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. 1. 1-burly Rates: The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibit "E"and "F"attached hereto and by this reference made part of this AGREEMENT. The rates listed shall he applicable for the first twelve (12) month period and shall be subject to negotiation for the following twelve(12) month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent twelve (12) month periods within ninety(90) days after completion of the previous period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the AGENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. The CONSULTANT shall maintain support data to verify the hours billed on the AGREEMENT. 2. Direct Non-Salary Costs: Direct non-salary costs will be reimbursed at the actual cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel. printing, long distance telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures.. However, air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR)Part 31.205-46 "Travel Costs."The billing for direct non-salary costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. 3. Management Reserve Fund: The AGENCY may desire to establish a Management Reserve Favid to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of$100,000 or 10%of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work." 4. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the"Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT. Noirre DOT Form 140089 EF Exhibit D-3 Revised 6/05 5. Monthly Progress Payments: Progress payments may be claimed on a monthly basis for all costs authorized in I and 2 above. The monthly billing shall be supported by detailed statements for hours expended at the rates established in Exhibit"E", including names and classifications of all employees, and billings for all direct non-salary expenses.To provide a means of verifying the pilled salary costs for the CONSULTANTS employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. 6. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,contingent upon receipt of all PS&E, plans, maps. notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within thirty(30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20)days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. 7. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY.STATE and the United States,for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three(3)year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. Exhibit E-2 Consultant Fee Determination - Summary Sheet (Specific Rates of Pay) Fee Schedule Discipline or Job Title Hourly Overhead Profit Rate Rate @ l 4624% C .2426 % Per Hour Project Manager 52.68 77.04 12.78 142.50 Project Engineer 48.47 70.88 11.76 131.11 Senior Civil Engineer 49.39 7? 23 11.98 133.60 Senior Geotechnical Engineer 45.60 66.69 11.06 123.35 Project Administration 26.97 39.44 6.54 72.95 CADD/Designer 29.42 43.02 7.14 79.58 DOT Form 140-089 EF Exhibit E•2 Revised 6/05 :ar► E_Y 1-1161 T 0 URS - Pacific Northwest STATEMENT OF DIRECT LABOR, FRINGE BENEFITS AND GENERAL OVERHEAD NIS YEAR END DECEMBER 31,2005 Unallowable PER COMPANY ADJUSTED Costs per STATEMENT ADJUSTMENTS STATEMENT % FAR Section Direct Labor $20,787,171 (5119,105) $20,668,066 100.0000% Premium OT Burden and Fringe Benefits: 1,730,418 0 1,730,418 8 3724% Sick 581,356 0 581,356 2.8128% Holiday 918,207 p 918,207 4 4426% 275,825 275,825 1.3345% Workers Compensation Insurance 2,224,729 2 224 729 10 7641% Medical and Life Insurancece7 1 233,56 % 2233,51 Employee Welfare and Development ,233,567 2,233,567 1301%11.330 Employers Share of FICA 146 8121 146,811 1.3548% Unemployment and Disablilty Insurance Total Burden&Fringe Benefits 8,412,925 0 8,412,925 40.7049% Overnead. Indirect Labor 7,047,593 0 7,047,593 34.0989% 31205.6 517,401 517,401 2,5034% AOperating and Reproduction an Legalles 695.583 (741) 694,842 3.3619% 31.205-47(b)(e) Facility Cosve, Financial and 4,662,076 4,662,076 22.5569% Facility Rentsn399,408 399,408 1.9325% Otter sanMaintenanceLeanes 272.776 272,776 1-3198% Repairs and 0 0 0.0000% Repairs,Maintenance,Rentals - Field Office 664,450 664,A50 3.2149%00 Telephone rta Utilitiese660,124 (103,078) 557,046 2.6952% 31 205-14 Travel,Entertainment and Relocation (43,586) 720,747 3.4872% 31 205-1 *lid PProfessional oles i ng and Business Taxes 1778,068 178,066 (20,433) 157,635 0.7627% 31205-14 Insurance al andAPermits 329,630 329,630 1.5949% Insurance 123,035 0.5953% Various Postage,Freight and Other Expenses 150,298 (27.263) 765,759 (154,340) 611,419 2.9583% See Notes Corporate G&A Assessment 1 011 878 0 1,011,878 4 8959% IntDepreciation Serviceses Amortization (450,947) 3,843,399 18.5958% See Notes Bad Debts 4.432,336 432,536 (432,536) 0 0.0000% 31.205-3 Bad 42,081) 0 (42.081) -0.2036% Various 'mere/Losses;Bank charges and Other (76,015 (76,015) 0 0.0000% 31.205-20 Interest expense (345,196) 345,196 0 0.0000% Sravision for losses 241,084 241,084 1.1665% See Notes Slate and Local Taxes Total Overhead 22,535,006 (722,660) 21,812,346 105.5365% Total Burden,Fringe and Overhead Costs $30,947,931 ($722,660) $30,225,271 146.2414% The report of the independent certified public accountant and the notes to this statement are an integral part of this statement. `tow Exhibit G-1 Subconsultant Fee Determination -Summary Sheet Project: Renton Municipal Airport Runway * NOTE: Hourly rates shown are all-inclusive and have Direct Salary Cost(DSC): been approved by King County for 2007. Classification Man Hours Rate* = Cost Principal Surveyor 44 X $ 120.00 = S 5,280.00 Computations/CAD Technician 100 X $ 75.00 = S 7,500.00 Field Technician I 144 X S 75.00 = $ 10,800.00 Field Technician II 144 X $ 65.00 = $ 9,360.00 Field Technician IIII 40 X $ 45.00 = $ 1,800.00 Administrative Assistant 20 X $ 45.00 = $ 900.00 Total DSC = $ 35,640.00 Overhead (OH Cost -- including Salary Additives): OH Rate X DSC of % X $ = included in rates above Fixed Fee (FF): FF Rate X DSC of % X S = included in rates above Reimbursables: Itemized Vehicle mileage and field survey materials. = $ 500.00 Grand Total _ $ 36,140.00 Prepared By: Ben V. Petersen, PLS, Vice-President, PLS, Inc. Date: June 7, 2007 DOT Form 140-089 EF Exhibit G-1 Revised 6105 memiammimmimemisisossmistr Exhibit H Title VI Assurances " ' During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: I. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-discrimination in federally assisted programs of the AGENCY,Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time(hereinafter referred to as the"REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination:The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color,sex,or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub-consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color,sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STA'L'E or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS,orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT'S non-compliance with the non-discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STA'L'E or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Foim 140.089 EF Exhibit H Revised 6/05 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the )111mr"° REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the AGENCY,STATE or FF1WA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the S'L'ATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. limmee err►'' miiimmisiormimminsimoommimimpo Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall - total the same percentage of the lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paid For any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. Nod DOT Form 140-089 EF Exhibit I Revised 6/05 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step I —Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to he responsible for the remaining steps in these procedures.) Step 2 - Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design en-or(s)and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 —Contact the Consultant Regarding the Alleged Design Eror(s) Neve If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design en-or(s)and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4 —Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s)occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would he paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H&LP, through the Region 'rrr' DOT Form 140-089 EF Exhibit J Revised 6/05 r Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any,as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s).The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer,after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5 — Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H&LP for their review and consultation with the FHWA. H&LP will meet with representatives of the agency and the consultant to review the alleged design error(s),and attempt to find a resolution to the issue. If necessary, H&LP will request assistance from the Attorney General's Office for legal interpretation. H&LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H&LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • if mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. . .r Exhibit K **so' Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s)on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less. it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step t - Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; �trrr" • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 -Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step I, the next step in the process is to forward the request to the Agency's project manager.The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable)agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement,or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. DOT Form 140-089 EF Exhibit K Revised 6/05 l If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim: • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars,overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s);and • Recommendations to resolve the claim. S'.ep 4 —Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 — Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify(in writing) the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Exhibit M-1(a) `r,,e Certification Of Consultant Project No. Local Agency City of Renton 1 hereby certify that I am Vice President and duly authorized representative of the firm of URS Corporation whose address is 1501 4th Avenue, Suite 1400, Seattle, WA 98101-1616 and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage,contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee,contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation in *kw connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature -- " DOT Form 140-089 EF Exhibit M-1(a) Revised 6/05 rr�rr► Exhibit M-1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Renton Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain,any firm or person; or (b) Pay, or agree to pay, to any firm, person,or organization, any fee,contribution,donation, or consideration of any kind;except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date Signature DOT Form 140-089 EF Exhibit M-1(b) Revised 6/05 Exhibit M-3 Noire Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress,or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with this Federal contract,gram, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S. Code. Any person who ` +' fails to file the required certification shall be subject to a civil penalty of not less than 510,000 and not more than 5100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Consultant (Firm): URS Corporation (Date) (Signature)President or Authorized Official of Consultant 4411111101 DOT Form 140-089 EF Exhibit M-3 Revised 6/05 SCOPE OF SERVICES for RENTON MUNICIPAL AIRPORT RUNWAY REHABILITATION IMPROVEMENT PROJECT PHASE 1— PRELIMINARY ENGINEERING,TOPOGRAPHIC SURVEY,AND GEOTECHNICAL EXPLORATION INTRODUCTION This project includes the rehabilitation of Runway 16/34 at Renton Municipal Airport. The elements of the project include a topographic survey, geotechnical and subsurface exploration, runway and taxiway pavement design, drainage design including the installation of edge drains, regrading or repaving of shoulders and safety areas, and remarking the new pavement. In order to provide the necessary services within current budgetary constraints,the design consultants level of effort will be subdivided into two phases. Phase 1 will provide the necessary topographic information,geotechnical analysis, FAA grant assistance, preliminary engineering, FAA engineers report, and cost estimating for the construction of the rehabilitation. In Phase 2,the Consultant will preparing final engineering plans for bidding, bidding assistance,construction administration, resident engineering, and inspection.The Consultant will prepare a separate scope of work and fee estimate,for negotiation, upon direction from the City of Renton for the Phase 2 assignment. The following scope of services applies to Phase 1 work only. In preparing the design, which will approach a 50%level of effort in Phase 1,the Consultant shall prepare all FAA grant applications and reporting materials and make use of all applicable as-built drawings, existing survey data, FM design standards, and all existing geotechnical and engineering reports that are available. DETAIL SCOPE OF SERVICES Phase 1 —Preliminary Engineering,Topographic Survey and Geotechnical Explorations Phase 1.1 Project Management-Provide project management and administration, prepare monthly progress reports, and manage sub-consultants. 1.2 FAA Grant Assistance—Provide services related to filling out grant assurance forms and data sheets necessary for FM grant assistance applications. 1.3 Pre-Design/Review Existing Conditions-Attend one pre-design meeting with The Airport and FAA personnel and produce minutes of the meeting. Review preliminary design drawings and reports, record drawings of the work area, including site drainage and utility records. Conduct a site visit to review existing conditions and record such findings for the engineers report. 1.4 Survey—Provide topographic surveying services as follows: a) Establish horizontal and vertical control outside proposed construction areas,based on the NAVD 88 and NAD 83/91 Horizontal and Vertical Datums. b) Conduct a topographic survey of the project limits including location services: i. Location of existing structures. ii. Location of markings and guidance signs. iii. Location of known existing utilities,as shown in the Airport Utility drawing. iv. Locations of existing drainage features and invert elevations. v. Location of pavement break lines and low and high points. c) Integrate this effort with the survey base map constructed from previous surveys. Page 1 1.5 Geotechnical Investigations—Conduct a geotechnical investigation along the proposed rehabilitation area per FAA Advisory Circular 150/5320-6D, Chapter 2—Soil Investigations and Evaluation, Table 2-1: Recommended Soil Boring Spacing's and Depths. a) Explore subsurface soil conditions by conducting fifty(10)core samples of existing pavement and subsurface soils to a depth of ten feet. b) Obtain representative samples of the various soils encountered, classify the materials, log the depth of any groundwater encountered, and maintain a detailed log of each exploration per the Unified Soil Classification System(USCS). c) Evaluate pertinent physical engineering characteristics of the subgrade soils from the results of tests conducted on the samples obtained in the field. In situ testing of CBR values, a standard proctor, Atterburg limits, and a sieve analysis including percent finer than .02 mm for frost analysis. d) Prepare a report of geotechnical findings and recommendations. 1.6 Pavement Design and Preliminary Civil Engineering Plans-Perform a pavement analysis and provide a recommended pavement sections for each area of rehabilitation. Airfield pavements will be designed in accordance with FM Advisory Circular 150/5320-6D Airport Pavement Design and Evaluation. Prepare preliminary construction plans and contract documents to include technical specifications to a 50 percent level of completion, and solicit comments on preliminary designs from the Airport personnel and the FAA. 1.7 Engineers Report-Prepare the Engineer's Design Report at 50%to include: a) Pavement design for each area of pavement rehabilitation. b) List of Advisory Circulars, Design, and Construction Standards. c) Modifications to Standards(if any). d) Phasing and scheduling schedule. *,, e) Project quantities and construction cost estimates. f) Lighting and marking designs. g) Information regarding pavement designs. h) A list of outstanding design issues. 1.8 Incorporate design comments, review available funding, and adjust construction base bid items and bid alternatives as necessary. 1.9 Conduct a meeting with the Airport and FAA staff to review the preliminary plans, construction costs, and construction phasing. Final Design Deliverables • Meeting minutes for all meetings attended. Meeting notes from progress meetings must be delivered within 4 days of each meeting. • Monthly progress reports. • Draft 50%Engineering Design Reports. • Construction design plans and specifications at 50%and construction estimates. • Completed FM and the Airport Plan and Specifications Review Forms Page 2 Renton Municipal Airport Phase 1 Services for Runway Improvement Project Engineering Fee Estimate PM/Sr.CMI Eng. Senior CNII Prot Engr 'Civil Engineer Sr.Geotechnical Eng Project Administration Designer/CAD Totals Phase 1:Runway Improvement Project Hr.Rate $142.50 Hr.Rate $131.10 Hr.Rate $133.81 Hr.Rate $123.35 Hr.Rate $72.96 Hr.Rate $79.57 Direct Hours Cost Hours Cost Hours Cost Hours_ Cost Hours Cost Hour' Cost Hours Cost (Task• Description _ _ - _ - ,,1:10.,,,, P..rte.. .iitttelltst r W,,N4,, '''.6.-,,,,',40:°- .'-',-,V,-'4:, . ,vr 5 �,�6:4:x.. „...kelx;n,,-`.,-c,: ,,,,. ,z,,...xx .sV-,Ili, 1-014':.. 1.1'1 non Ing •on, y•eports : ' -r ' t : , 1.1.2 Manage DRS Labor/Scheduling 12 1,710 $0 0 $d 0 0 12 1,710 1.1.3 Manage Subconsultantc 9 283- - $0 0 $$5 0 0 9 1,283 1.1.4r Pro eat Administration/FIInet*. 18 $2565 $0 $0 $0 24 $1751 $00 42 1,318 1,1.5 Scopng,Fee Estimate,and egobeions 8 $1,140 5 S S �: . ..,, .,,, . .r - - .'91,P.,', :,.y. ;z.4w30x.�RAM�G:ar1C*Asslltanee.:l�r58a"�5 W��i�t�w"„t�,un�emY*..r,�w.:ear., 'r:'.x...t`'aw ii�,r�r 7a �'W arx�,:v;.. '�. ,�y��ii 1'r -.,7:'y�a,�,z:i1,�.»:��td..��, '- �r.», , yr� � s�,:•.t rot.,,'ii, :..xg$.,,.t..r,.53.BB$'...,: 1.2.1 Prepare Grant Application and FAA onOlDnnt Services 8 $1,140 r 4.,:+y $524 « 12 $1,603 $6 ■Kr 'p0 4 x$318 28 $3,588 h b ',svda - .re tai;6•l g't :'w., � itswV t'" ".,cid" :',,w.;�.Y:.: +i,.4r;. .,,�:., ii,di uy'"^?a 1t5li-,u.c ':=,Vii,;a iai..•Al4'298=sw. :,�o-1,50,.:c,�PteYD6dg�"(RWFewtBxtitktil!"Ctl 1'k r+elrr��,ak't� 1.�.�v��.�i.,r,�i ��;'.:.,,, w�c��.t;:�rti A�;n�"s:.`:�;i".�'�t myw,� -c,r•.:;,�'.:_:•,.:.-lam� d ;7� `"t � _ 1.3.1 'Review RecordDnxNge �� .iB as }2eS ",-.:: $ }833 '9 1:-16 3,571 1.3.2 Conduct Ste Visit to Rev ew Exldn Condflons 4 $570 a t 049 2 $287 $0 $0 8 $837 22 #$2 523 1.3.43 Pre-Design Meeting with FAA/Airport and Minutes 4 $570 8 $1 49 $0 $0 8 $684 _ 30 20 $25202 1,1:49 ' ;.BUrvsY/'EngineertnglERertoesyyf8ara8uNeeMliltutt:C'nstag.v.anna;.':' it 1•Vtirk'rxf; v .41'.::Q•taVA.r ,tea4dr4•;•t:i il Yii;a, .�.••., -.,,.-..t,:,n,/ .1-.•i,a„..,,rr:a:::,tie:arx'..,: .,.:...34',;.,•t4ri..n$3'24 $71',.,,. 1.4.2,41 Incorporate and Revey iew o BaseMaps _ 2 285 2 $282 282 2 $287 50 28 o '.4$0 >.a, ;,: $0 18 $ 273 i ti+t 0 8 637 14 $1;8501 • ^ ,...ice:,- ,...6i, - 10 rasa d;�• r whn ., .. `�a, «;M;» ,� 4$4:- :v�1a50:�r�arOeotaehnlCd+lhvaitlgaffo r cit,Nr,;�,.,.:1'mx,,•.�,�:apt'�.�;ea^'a w„'�.w",17r; ^�dGshi r.�,a.. .5 fi.'"+!��,.�':a.. �;'��L ,=i y:,; ::F.� _ ._u..,,>,..',x,., ,n::,��..�., t,'tkrio,,,� � 'k��'$ 1.5.1 Coordinate and ReviewGeotechnicai Exploration Program n 2 285 4 $524 Mr $0/: 24� 1'12 960tr, $0 $0 �i 30 $3 770 1,5.2 Prepare Report on Geotechnical Findings and Conclusions _ 2 _ 285 ,, 2 282 $0 50 56167 $0 _ $0 54 58',715 . .. . .,, 1. - .„.A,60'x-r,+;aPavernepCAfil9eNintliRra1hr11hWcCWIL'EngltiseEktfL,c�,'�'v�,�",.,.w,, ter,..,.,.,+roti.q,4H-,�Aa"3r,'.v�:*i[;,,.ayw.. „a;�,":;'.�:.1••;t�Ew:or.�:xt<'.,'[,},,:;;v.,„,,,,,..,„, ',-r..;r L..,,:.„,,...,,,,..„1„..„,..A.,,,,,,,,,,,..,.�`W,Ss?•,,,..,,s;'.;,36L;,.:�v.,,e;4- •i/l 1.6.1 Perform Pavement Analysis 2 $285 18 $2,098 0 $d 4 0 _' 4 $318 22 2,701 1.8.2 Prepare Base Map an Dratdny Shed Layout - 2 285 4 $324 ' 0 0 0 24 $1,910 30 2,719 1.6.3 CIL Profile Grade and row Slaps Optim¢atlons 8 140 12 1374: _ 0 0 $0 40 53183 80 5 896 1.8A Grading and Drainage Plan 8 ,140 8 16 $ 138 0 $0 ” 40 {3618,183 72 7'400 1.6.6 Pav37 44 1,8.5 ing P Dnlnaga Report an ` 4 557D 2 '5573 . 84 $1069 $0 $0 24 $1910 8 §5,122 1.6.7 Pavement Maridng Plan 2 $285 4 ,W!'24 0 $0 - $0 8 2837 14 $144446 1,8.8 Pavingand Marking Details 2 $285 • 4 85524 _ 0 1.6.9 Temp1.6.10 .yErosion&Sedimentation Control 2 $285 ' 8 $787 2 $267 , $0 $0 - 12 $955 22 _ $11294 1.6.11Typical Sections el Preliminary Reviews Earlhworls Calculations 4 5570 -8 $118D4$ 4 $534 $24 50 $0 3$0 24 $10 0 910 40 $4083 _ 1.6.12 Dralnage/Electrlcal Structures Schedules and Details 1 514r 4 $124 2 $267 , $0 $0 , B . $(137 15 $15571 u ,.r.. _ ;,'.,,,,. __ .•a,Y,ssa,vW ,a$1$092,, , o�gr 0, ''i. ,�k^ r;,«F"'� :4:. .• - -a;;t` :;M.- at'; ,,ar, ,:�rwr�.,:�:-:,.�.. «,�;er'a,r,S��.:=�:� s :^VIr1.. a Pre•and Distribute% .neem»ori•W� •, a.,fi�a a"-_s,at .,,fie.. 0p0 �" �;,:.so••,'n_ 4 $129/1 ;:8:,r.yam,.'857 ` 32 3 598 1.7.2 aicuiate ontract(Nan'ties and'repare Engineers Edimat ' ' ' • 1 4' 1.7.3 Prepare Draft Technical Specifications 8 11,140 B 1049 50 $0 18 $1,187 $0 32 53,356 1.7.4 MOD's to Standards/Phasing and Scheduling 4 $$70 -a b49 $0 $0 $0 0 12 1,619 :1-$ / MCerporateDetignlomnentee sstt,?chi 00-Aival/?:rav;:,:�:b+'1zLk:,,,t^- :tevi ,, +':.u5?' 40r,„..a),,,,,,{•' yl.:$';'''''r c. J;:yl''' i,.,4V' 'tn x,,456.'„'Ms,e38:395»'. QQ � ,..;.-„u ,matt = M,y.�.k�s� 9vanl+, + f.9.t' Respond-to Airport C mm �ng 4 _ 2t. $584 637 36 0,888 1,8.2 Review Funding and Adjust Contract Bid Items as Necessary 8 _1,140 BA - 1049 50„`° , $0 4 5318 20 $2,507 n}I1.C1;;i,i Itis Lf�Al irmitf26:e„Mtifelt clad;Mlnrit644'::�...tw;. t'".1lrw: s6i.,- , 1,•''''t, :tet.. i",6 - • '', '• ,;, —' • : -,_ $5, 1,9A Design Su•mttti Redew Meebngat5`b% 140 • B $id4a” O' }0 !i }S �jf '$0 ii4 _ $2.72 1.9,2 Design Progress Meetings(3 each) - 801.140 8 $1,049 0 $0 8 $584 $0 24 $2,772 Phase l Design Subtotals L 188 $26,5051 220 - $28842 78 - $10,421 74 - 50,128 78 $5545 280 $22,280' 914 $102,721' (Expenses i_ I I 1 I I 1 I I I I I I 1 I ORIce Expenses Cost Postage/Courier!Reproduction $1,285.00 (Phase 1 Design Phase:Expenses 1 I I I I 1 I I I I I 1 I L $1,2851 (Subconsukants. 1 I _I I I J I I I I I 1 I Dd61ng end Coring Subcontractor SB 500 PLS Survey,Inc, $38.145 (Phase 1 Subconsultarts I I I 1 I 1 I I I J I I I L $45,8461 (Tofu Phase 1 Services I I 1 I I I I I 1 I L I I I $1418481 Prebbre4 by URS 1 674/1077 fr A ' 'ROVER BY CITY COUNCIL Date 8-6_ goo 7,t, COMMITTEE OF THE WHOLE COMMITTEE REPORT August 6, 2007 Council Policies (June 12, 2006) The Committee of the Whole recommends that: o Council adopt revisions to the 800 series of City of Renton Policies and Procedures as outlined in the attached document. r Toni Nelson, Council ' - ident rev 01/05 bh POLICY & PROCEDURE Subject: Index: LEGISLATIVE MEETINGS OF THE CITY COUNCIL Number: 800-02 Effective Date Supersedes Page Staff Contact Approved By Date 1/27/92 1 of 3 Contact 1.0 PURPOSE: To establish the time and location of the various City Council meetings. 2.0 ORGANIZATIONS AFFECTED: City Council 3.0 REFERENCES: RCW 42.30 (Open Public Meetings act); RCW 35A.12.100; RCW 35A.12.110. 4.0 POLICY: 4.1 Regular business meetings of the City Council shall be held the first four Mondays of each month commencing at 7:00 pm in the Council Chambers of City Hall, or at another location determined by the City Council. The City Council will not meet when a regular meeting falls on a holiday acknowledged as such by official Council action; all pending business and agenda items will be carried forward to the next regularly scheduled meeting. 4.2 There shall be regular Council meetings held the first four Mondays of each month except where a City holiday falls on a Monday. Committee of the Whole meetings (Council work sessions) may be held prior to weekly Council meetings. No final disposition shall be taken at any Council work session; rather, recommendations shall be offered for final action at a succeeding regular business meeting of the Council. 4.3 At all meetings of the City Council, a majority of the Councilmembers shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time and may compel the attendance of absent members as prescribed by ordinance. 4.4 Except as provided for in law, all regular and special meetings of the City Council shall be open to the public as set forth in RCW 42.30.010. 4.5 The Mayor shall be the presiding officer at all meetings of the City Council except Council work sessions. The Council President shall preside in the mayor's absence and shall be notified when the mayor leaves the state. In the absence of both the Mayor and the Council President, the Council President Pro Tem shall preside. 4.5.1 The Mayor shall have a vote only in the case of a tie in the votes of the councilmembers with respect to matters other than the passage of any ordinance, grant, revocation of a franchise or license, or any resolution for the payment of any money. 4.5.2 The Mayor or other presiding officer may require any person addressing the City Council to be sworn as a witness and to testify under oath; the presiding officer shall so require, if directed to do so by a majority vote of the City Council. 4.6 The Council President shall preside at all Council work sessions and executive sessions of the City Council. The President Pro Tem of the Council shall preside in the absence of the Council President. 5.0 DEFINITIONS: N/A 6.0 PROCEDURES: 6.1 Special meetings may be called by the Mayor or any three four members of the City Council to discuss issues or business items provided that written notice is delivered to each member of the Council at least 24 hours before the time specified for the proposed meeting. 6.1.1 The notice shall specify the time and place of the special meeting and the business to be transacted. 6.1.2 In addition, the city clerk shall give notice of such special meeting as further provided for in RCW 42.30.080. 6.1.3 No final disposition shall be taken on any other matter at such special meeting by the governing body. 6.1.3.1 Written notice may be dispensed with for any Councilmember who, at or prior to the time the meeting convenes, files a written waiver of such notice with the city clerk. 6.1.3.2 Written notice may also be dispensed with for any member who is actually present at the meeting at the time it convenes. 6.1.3.3 Notice may be dispensed with in the event that a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage when time requirements would make notice impractical and increase the likelihood of such injury or damage. 6.2 The President or majority of the members of the City Council may hold executive sessions during a regular or special meeting to consider: a. matters affecting national security; b. the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration could cause a likelihood of an increased price to the city; c. the appointment, employment or dismissal of a public officer or employee; d. complaints or charges brought against a public officer or employee by another public officer, employee or member of the public; e. any proceeding concerned with the formal issuance of an order granting, suspending, revoking or denying a license, permit or certificate to engage in any business, occupation or profession, or to any disciplinary proceedings involving a member of such business, occupation or profession; f. that portion of a meeting when the Council sits as a quasi-judicial body which relates to a quasi-judicial matter between named parties as distinguished from a matter having a general effect on the public or on a class or group; g. planning or adopting the strategy or position to be taken during the course of any collective bargaining, professional negotiations, grievance or mediation proceedings, or the review of proposals made in such negotiations or proceedings; h. input from the city attorney concerning settlements, avoidance or contemplated litigation, settlement offers and like matters which are subject to the statutory attorney-client privilege. 6.2.1 No official action shall be taken at any executive session; however, nothing shall prevent the Council, when permitted by law, from taking an informal vote on any matter under discussion. 6.2.2 No member of the City Council, employee of the city or any person present during an executive session shall disclose to any other person the content or substance of discussion or action which took place during the session, unless a majority of the Council authorizes such disclosure. 6.2.3 Executive sessions, to the extent permitted by law, shall be limited to the Mayor and the members of the City Council unless the presence of non-members is requested by a majority of the City Councilmembers. c. p POLICY & PROCEDURE Subject: Index: LEGISLATIVE COUNCIL CORRESPONDENCE Number: 800.04 AND AGENDA Effective Date Supersedes Page Staff Contact Approved By Date 12/8/2003 1 of 3 Contact 1.0 PURPOSE: To establish guidelines and procedures for correspondence addressed to the City Council and for the preparation of the Council agenda. 2.0 ORGANIZATIONS AFFECTED: City Council 3.0 REFERENCES: Policy and Procedure #800-11, Council E-Mail 4.0 POLICY: 4.1. The City Clerk and Council Liaison are authorized to open and examine all mail, postal and electronic, addressed to the Renton City Council. If the mail is addressed or e-mailed to the personal attention of one individual Councilmember only, then the Council Liaison is authorized to open said mail. 4.2. Correspondence relating to or requiring legislative action shall be forwarded to the City Clerk and shall be brought up under New Business on the agenda. 4.3. The City Clerk shall be provided with a copy of all correspondence brought before the Council during a City Council meeting. 4.4. Correspondence need not be read aloud and in its entirety at a City Council meeting unless requested by a majority vote of the Council. 5.0 DEFINITIONS: Correspondence (also referred to as "mail"): Any letter, note, facsimile transmission, e- mail message, or any other written or electronic transmission of information or data, and any attachments. 6.0 PROCEDURES: 6.1. Mail shall be opened, date-stamped, and logged as required by law. Mail addressed to an individual Councilmember shall be opened and date-stamped by the Council Liaison unless it is identified as personal or confidential, in which case it shall be distributed to the Councilmember unopened. If the correspondence is not personal or confidential or if it relates to City business, the Councilmember will transmit all individual correspondence to the Council Liaison for records retention purposes. If the Councilmember desires action regarding individually received mail, such as having it referred to the Administration or Council Committee, the Councilmember will directly, or through the Council Liaison, so notify the City Clerk who will then include the correspondence in the agenda or refer the correspondence via the referral form, as the case may be. 6.2. Correspondence shall be logged and sorted into four categories. 6.2.1. Informational correspondence that requires no action. Action: Correspondence shall be acknowledged (optional). Copies shall be transmitted to Councilmembers with notation reflecting distribution. Councilmembers may opt to respond personally to the correspondent. Councilmembers should be careful to respond in a way that does not state or imply that they speak for the City or for the City Council as a legislative body. 6.2.2. Correspondence that requires administrative review and/or action by Mayor or City department. Action: Correspondence shall be acknowledged and referred via referral form to the Mayor and/or appropriate department administrator for review and report back. Copies of the correspondence and the referral form shall be transmitted to Councilmembers. Staff response to correspondence shall be approved by the Mayor and copy distributed to Councilmembers and City Clerk. 6.2.3. Correspondence that requires a policy decision or approval by City Council. Action: Correspondence shall be transmitted to the City Clerk to be acknowledged and included on the Council agenda under "New Business" for approval, denial or referral to Council committee or the administration. If referred, the City Clerk shall forward the letter, accompanied by the referral form, to the department administrator for investigation and response or to be scheduled on Council committee agenda. 6.2.4. Correspondence relating to public hearings or meetings or other items on the Council agenda: Action: Correspondence shall be included with the Council packet. Acknowledgment shall be optional. 6.3. Under item 6.2.3, if the matter is referred to Council committee, the Council Liaison will notify the correspondent of the committee meeting date and time. Following final action by Council, the City Clerk will mail the correspondent notice of final Council action. 6.4. The City Clerk shall regularly follow up on outstanding referrals to the Administration. 6.5. Any Council requests or referrals to the Administration occurring at Council meetings shall be referred to staff by the City Clerk via the referral form for response. 6.6. If a public disclosure request is received for Council correspondence, the Councilmembers shall be immediately notified and provided a copy of the request. 7.0 AGENDA PROCEDURES: 7.1. All items for inclusion in the agenda shall be delivered to the City Clerk's office no later than 114008:30 a.m. on the Thursday preceding the regular meeting. 7.1.1. Correspondence requesting that an issue be placed on the agenda that is received after the deadline will be held over until the next regular Council meeting. 7.1.2. Correspondence reasonably related to a subject that will be on the next Council agenda shall be transmitted to the Council regardless of the time or date received. 7.1.3. A member of the public, the Council, or the Mayor may ask that an item be considered by the City Council even if it is not identified on the formal agenda by raising the issue during the appropriate time in the order of business of any meeting (i.e., Audience Comment, New Business, Administrative Report). 7.2. Unless otherwise instructed by the Council President, the City Clerk shall prepare the agenda. 7.3. The agenda shall be available to the members of the City Council and the public by 3:00 p.m. on Thursday preceding the Monday Council meeting. 7.3.1. In case of special meetings, the agenda will be made available at least 24 hours prior to the meeting. Notice will be provided as required by law. a Q ea POLICY & PROCEDURE Subject: Index: LEGISLATIVE COMMITTEES OF THE COUNCIL Number: 800-05 Effective Date Supersedes Page Staff Contact Approved By Date 1/27/92 1 of 4 Contact 1.0 PURPOSE: To establish guidelines and procedures for the selection of Council committees and appointment of members. 2.0 ORGANIZATIONS AFFECTED: City Council 3.0 REFERENCES: RCW 42.30, Legislative Policy#800 02 4.0 POLICY: 4.1. The Committee on Committees shall consist of three (3) members of the City Council: the President-elect, the President pro-tern elect and the immediate Past Council President. If the immediate Past Council President is no longer a member of the Council, then the third member shall be a Councilmember selected by the incoming Council President. 4.1.1. The Committee on Committees shall recommend to the full Council the organization and membership of Standing Committees and Special Committees, including the discontinuance of any standing or special committee and the reassignment of its duties and functions to another committee or committees. 4.1.2. The Committee on Committees shall recommend to the full Council the chair, the vice chair and the member to serve on each Standing Committee of the Council. 4.1.3. When determining the various committee assignments the Committee on Committees should at no time act to effectively exclude one or more Councilmember from serving as a full and equal representative on the Council. 4.1.4. The members of the City Council shall establish, through mutual agreement, the seating arrangement and office assignments for the City Council. Should a conflict related to those issues arise, the Committee on Committees shall convene to study the question and provide a recommendation for Council consideration and action. 4.2. The City Council shall establish Standing Committees consisting of three (3) members each, including a chair and vice chair. Two members shall constitute a quorum. Members of Standing Committees shall be recommended by the Committee on Committees with the approval of the majority of the City Council, as provided in policy 41 4.2.1. The chair shall act as spokesperson for the committee and will present all reports to the Council. 4.2.2. The chair shall have the power to call the members of the committees together at reasonable times and places to consider business before the committee. With proper notice, the chair or a two-thirds (2/3) majority of the committee may call a committee meeting at any time. 4.2.3. It shall be the duty of each Standing Committee to fairly examine all subject matters that have been formally referred by the City Council and which fall within the scope of the committee's jurisdiction. 4.2.4. Committee activities, investigations and recommendations shall be reported to the full Council at a regularly scheduled meeting. All recommendations shall be read from a written document signed by a majority of the committee. Such reports shall be preserved in the records of the city clerk's office. 4.2.4.1. Whenever any member of a committee cannot agree with the conclusion or written report of the majority of that committee, such member may file a minority report, in writing, stating fully his or her views with regard to the subject matter. The minority report shall be read at the same time the majority report of the committee is reported to the Council. No vote may be taken until all reports have been read. All minority reports shall also be preserved in the records of the city clerk's office. 4.2.5. Standing Committees of the Council may, at their discretion, and within the guidelines established by law, hold public hearings on issues delegated for their review. Information provided at such hearings may serve as the basis for recommendations submitted to the full Council provided the subject of the committee recommendation would not be considered at a subsequent public hearing of the City Council. 4.3. The Committee of the Whole may convene from time to time for the purpose of Council work sessions or retreats. 4.3.1. The Council President shall serve as chair. 4.3.1.1. In the absence of the Council President, the Council President Pro- Tem shall preside. 4.3.2. No final disposition shall be taken at any Council work session; however, nothing shall prevent the Council from taking an informal vote on any matter under discussion. Recommendations shall be offered for final action at a succeeding regular business meeting of the Council. 4.4. When deemed necessary, the Council President shall recommend to the full Council the establishment of special, temporary or ad hoc committees. 5.0 DEFINITIONS: N/A 6.0 PROCEDURES: 6.1. The Committee on Committees shall submit to the Council recommendations for membership and chairs for each committee; this shall occur no later than January 31 for the year in which the committees are to serve. 6.1.1. Should the committee recommendations fail to receive majority approval, the Committee on Committees shall reconvene to prepare alternative proposals until an acceptable organization is achieved. 6.1.2. Membership on the Committee on Committees shall be for a term of one year commencing with the election of the president-elect. 6.2. Membership on all Standing Committees shall be for a term of one year, commencing no later than January 31 and concluding upon approval by the full Council of a successor committee December 31. 6.2.1. Until such recommendation is accepted and Council organization is complete, the previously constituted committees shall continue to meet. Newly elected Councilmembers shall serve on all committees previously assigned to their predecessors. 6.2.2. Meetings of all Standing Committees will be called by the committee chair at mutual agreement of members. 6.2.3. The Council President shall not serve as a regular member on any Standing Committee; however, the Council President may serve as an ex-officio member of any Council committee and may vote when a regular committee member is unable to attend. At no time shall four (4) members of the City Council hold voting positions on any Standing Committee of the Council. 6.2.3.1. Should a Standing Committee fail to achieve a quorum for a scheduled committee meeting and the Council President is unable to attend, the Chair may appoint another Councilmember to attend and vote on all issues considered by the committee. 6.3. Membership of the Committee of the Whole shall include all duly elected Councilmembers. 6.3.1. Prior to each regular weekly Council meeting, the Council may hold work sessions. 6.3.1.1. Special Committee of the Whole meetings may be held at other times when approved by the majority of Council. 6.3.2. Items for discussion shall be appropriately referred to the Committee of the Whole. 6.3.3. The Council President will determine the items to be listed on the Committee of the Whole meeting agenda. wirrr.r.r. POLICY & PROCEDURE Subject: Index: LEGISLATIVE RULES OF DEBATE,DECORUM, Number: 800-06 VOTING REQUIREMENTS AND PROCEDURES Effective Date Supersedes Page Staff Contact Approved By Date 8/1/85 1 of 5 Contact 1.0 PURPOSE: To establish voting requirements and procedural guidelines to assist Council as it conducts business in official meetings. 2.0 ORGANIZATIONS AFFECTED: City Council. 3.0 REFERENCES: Robert's Rules, RCW 35A.12.100, ! -- . : :: - • -• . . Code 1 31) Ordi-Hance 4—�(RMC 1-6), RCW 35A.12.120, RCW 42.23, RCW 42.36. 4.0 POLICY: 4.1. Rules adopted to expedite the transaction of the business of the Council are procedural only. Failure to strictly observe such rules shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting that is otherwise held in conformance with the law. 4.2. In the normal course of business and notwithstanding the laws or regulations relating to conflict of interest (RMC 1-3-1-6), each Councilmember shall at all times be open- I minded, objective, impartial, and make no judgment or engage in any partisan position until all of the evidence pertaining to an issue has been submitted to the Council at a regular public meeting. 4.2.1. This language shall not be construed to limit Council committees in reviewing information and developing recommendations for subsequent Council consideration. 4.2.2. It shall be understood that a Councilmember or prospective Councilmember may, in the course of seeking elective office, be asked to state positions on general issues that may eventually come before the Council at a later date. This policy shall, in no way, impair that individual's right to consider the issue and vote as he/she determines is appropriate. 4.3. In order to avoid an attack on the validity of Council hearings, members of the hearing body shall avoid any private meetings, conferences, or discussions on the merits of the matter or issue before the body, including, but not limited to, specific zoning and related land use proposals, comprehensive planning, and like matters with proponents an opponents of said issues. 4.4. Every Councilmember, unless disqualified by reason of a conflict of interest or otherwise provided by law, shall cast his/her vote upon any matter put to vote by the legislative body. 4.5. Any Councilmember who abstains from voting without a valid reason shall be deemed to have voted with the majority on that particular issue. 4.5.1. A Councilmember who publicly announces that he/she is abstaining from voting or participating in debate on a particular matter for specified reasons shall not subsequently be allowed to withdraw that abstention. 4.6. Tie votes shall be lost motions and may be reconsidered unless the tie is broken by the Presiding Officer's vote, if permitted pursuant to RCW 35A.12.100/-120. 4.7. A Councilmember may change his/her vote only if the request to do so immediately follows the last vote cast and is prior to the time that the result of the vote has been announced by the Presiding Officer or the City Clerk. 4.8. A motion to reconsider any action taken by the City Council may be made only on the day the action was taken or at the next regular meeting of the City Council. 4.8.1. A motion to reconsider may be made only by one of the Councilmembers who voted with the prevailing side. 4.8.2. Nothing in this policy shall be construed to prevent any Councilmember from making or remaking the same or any other motion at a subsequent meeting of the Council. 4.9. Rules of Decorum: 4.9.1. Councilmembers: While the Council is in session, all members must preserve order, decency, and decorum, and no member shall delay or interrupt the proceedings of the Council or disturb any member while speaking, or refuse to obey the order of the Presiding Officer. 4.9.1.1. Discussion by members of the Council shall relate to the subject matter at hand and shall be relevant and pertinent to allow for the expeditious disposition and resolution of the business before the body. 4.9.2. Employees: Members of the City staff shall observe the same rules of order and decorum as applicable to members of the City Council. 4.9.3. Public Addressing Council: Any person making personal, impertinent, or slanderous remarks or who becomes boisterous or, in any way, impedes or interrupts the proceedings of the Council may be barred from further audience before the Council by the Presiding Officer. An individual so barred may not return for the remainder of that meeting unless permission is granted by a majority vote of the City Council. 4.9.3.1. A commissioned representative of the Police Department shall act as Sergeant at Arms for the purpose of maintaining order, peace, and decorum at Council meetings. 4.9.3.2. Any Councilmember may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the Council shall require him/her to do so. 4.10. Rules of Debate: Except as otherwise provided for in this policy, any special rule adopted by the City Council, or as otherwise provided by state statute, the procedures of the City Council meetings shall be governed by the latest revised edition of "Robert's Rules of Order". 5.0 DEFINITIONS: N/A 6.0 PROCEDURES: 6.1. Rules of Debate. 6.1.1. Getting the Floor: Any Councilmember desiring to speak shall first address the chair, gain recognition by the Presiding Officer, and shall confine remarks to the question under debate. Members shall not engage in any indecorous, abusive, or inappropriate language and shall avoid personal attacks on any other members of the Council or City officials; or impugn the integrity, honesty, or motives of such officials. 6.1.2. Interruptions: A Councilmember, once recognized by the Presiding Officer, shall not be interrupted when speaking unless called to order by the Presiding Officer, or unless a point of order or personal privilege is raised by another Councilmember, or the speaker chooses to yield to a question by another member of the Council. If a Councilmember is called to order, he/she shall cease speaking immediately until the question of order is determined; and, if determined to be in order, he/she shall proceed. 6.1.3. Limitation of Debate: No Councilmember shall be allowed to speak more than once upon any particular subject matter until every other Councilmember desiring to do so has spoken. Each Councilmember shall limit his/her remarks on a particular subject matter to not more than ten (10)minutes. 6.1.4. Points of Order: The Presiding Officer shall determine all points of order, subject to the right of any Councilmember to appeal to the City Council. Upon an appeal, a majority vote shall conclusively determine a question of order. 6.1.5. Point of Personal Privilege: The right of a Councilmember to address the Council on a question of personal privilege shall be limited to cases in which his/her integrity, character, or motives are questioned, or where the welfare of the Council is concerned. Any Councilmember raising a point of personal privilege may interrupt another Councilmember who has the floor only if the Presiding Officer recognizes the privilege. 6.1.6. Privilege of Closing Debate: The Councilmember moving the adoption of an ordinance, resolution, or motion shall have the privilege of closing debate. 6.1.7. Synopsis of Debate: Any Councilmember may request, through the Presiding Officer, the Privilege of having an abstract of his/her statement on any subject under consideration entered into the minutes. If the Council consents, such statement shall be entered in the minutes. 6.1.8. Protest Against Council Action: Any Councilmember shall have the right to have the reasons for his/her dissent from or protest against any action of the Council entered in the minutes. Any such protest or dissent must be in summary form to avoid unnecessary delay or interference with Council business. 6.2. Addressing the City Council: ejl.; 6.2.1. Manner of Addressing Council: Each person desiring to address the Council shall proceed to the speaker's stand upon recognition from the Pr ' ' Officer. The speaker shall state, for the record his/her name, a subject f he/she wishes to discuss, and whom he/she is representing. Unless further time is granted by majority vote of the Council, the speaker shall limit his/her remarks to five (5) minutes. All remarks shall be pertinent to the subject at hand. All remarks must be addressed to the Council as a whole and not to any member individually. No questions shall be asked of a Councilmember or member of the City staff without the permission of the chair. If residents wish a response or to be contacted, they should provide their name and address on a speaker card or via the sign-in sheet to the City Clerk to allow for follow-up contact where the citizen desires it, but in a way that maintains confidentiality of their personal information. 6.2.2. Spokesperson for a Group: In order to avoid repetitious presentations and delay in the business of the Council, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Presiding Officer to request a spokesperson be chosen by the group to represent their position. It is also appropriate for the Presiding Officer to limit the number of persons addressing the Council if additional matters are to be presented by any other member of such a group. 6.2.3. After Motion: After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so from the Presiding Officer or a majority vote of the Council. 6.3. Voting Procedures: 6.3.1. Question to be Stated: After a motion has been properly offered and a second is acknowledged by the Presiding Officer, that person serving as Presiding Officer shall verbally restate each question immediately prior to calling for the vote. Following the vote, the Presiding Officer shall announce whether the question carried or was defeated. In the case of a roll call vote, the Clerk shall announce the results of the vote. The Presiding Officer may, at his/her discretion, publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. 6.3.2. Roll Call Vote: In the case of a roll call vote, the sequence of the vote shall progress according to the seating arrangement in a clockwise or counter- clockwise order, with the direction alternating each month. Voting shall always begin with the Council President. Should the Council President be serving as the Presiding Officer or be absent, the roll call vote shall begin with the Council President Pro Tern. 6.3.3. Entry of Ayes and Nays on Record: At any time, at the request of any member of the Council, any question shall be voted upon by roll call and the ayes and nays shall be recorded in the minutes. Q POLICY & PROCEDURE Subject: Index: LEGISLATIVE LEGISLATIVE ORDINANCES, Number: 800-07 RESOLUTIONS, AND CONTRACTS Effective Date Supersedes Page Staff Contact Approved By Date Date 1 of 2 Contact 1.0 PURPOSE: To establish guidelines and procedures for the preparation, presentation, and processing of City ordinances, resolutions, and contracts. 2.0 ORGANIZATIONS AFFECTED: City Council and Administration 3.0 REFERENCES: RCW 65.16.160, RCW 35A.12.130-150-160. 4.0 POLICY: 4.1. All ordinances shall be prepared or reviewed by the City Attorney. 4.1.1. No ordinance or resolution shall be prepared for presentation to the City Council unless ordered by a majority vote of the Council, requested by the Mayor, or prepared by the City Attorney on his/her own initiative. 4.1.2. All ordinances, resolutions, and contract documents shall, before presentation to the Council, have been approved as to form and legality by the City Attorney. 4.2. All ordinances, resolutions, and contract documents shall be examined and approved for administrative review by the department head, or his/her authorized representative, having jurisdiction over the subject matter. 4.3. At the time of adoption of an ordinance or resolution, it shall be read by title only unless the full reading is requested by a majority vote of the Council present. 4.4. Before any ordinance shall take effect, it shall be published in the City's official newspaper or otherwise advertised in accordance with the requirements established by State law unless adopted as an emergency measure t shall take effect upon adoption. ' yah dl 4.5. The Mayor shall sign all ordinances, resolutions, contracts and other documents necessitating his/her signature, and all of such documents shall be duly attested to by the City Clerk. In the event of the absence or unavailability of the Mayor, the signature of the President of the Council may be used. • 4.5.1. The Mayor shall have the power to veto ordinances passed by the City Council and submitted to him/her for signature as provided in RCW 35A.12.130. 5.0 DEFINITIONS: N/A. 6.0 PROCEDURES: 6.1. All ordinances and resolutions presented for adoption by the Council shall be reviewed by the appropriate Council Committee responsible for the subject matter. 6.1.1. Copies of proposed ordinances and resolutions shall accompany an agenda bill when the subject matter is placed on the consent agenda for referral to Council committee. 6.1.2. Resolutions shall be read and adopted at the time the Council committee report is presented for reading and adoption, or as determined by Committee. 6.1.3. Ordinances shall be placed on first reading at the time the Council committee report is presented for reading and adoption. The ordinance will be placed on the Council agenda for second reading and adoption the following week OR when all legal requirements are met. 6.2. No ordinance shall take effect until five (5) days after the date of publication except when such ordinance may be subject to referendum, at which time the ordinance shall not take effect until thirty (30) days after publication unless adopted as an emergency measure aFtd it shall take effect upon adoption. which 6.2.1. Before any ordinance shall take effect, it shall be published, verbatim, at least once in a newspaper generally circulated within the City of Renton, which shall be the City's official newspaper. 6.2.2. Whenever the City is required to publish legal notices containing the full text of any proposed or adopted ordinance in the City's official newspaper, the City may, upon the choice of the Attorney, publish a summary of the ordinance. Such summary shall be approved by the City Council and shall • . - •- • • . ion required per RCW 65.16.160. POLICY & PROCEDURE Subject: Index: LEGISLATIVE COUNCIL E-MAIL Number: 800-11 Effective Date Supersedes Page Staff Contact Approved By Date 12/8/2003 1 of 3 Contact 1.0 PURPOSE: To facilitate e-mail communication between and among Councilmembers, City staff, citizens, and others; to establish procedures for retention of e-mail messages in compliance with the Public Records Disclosure Act, and to assist Councilmembers in complying with the Open Public Meetings Act and other applicable laws. 2.0 ORGANIZATIONS AFFECTED: Legislative Department, Administrative, Legal and Information Services Divisions. 3.0 REFERENCES: Chapters 40.14, 40.16, 42.56 , and 42.30 RCW; WAC 434.12A; Policy and Procedure #800-04, Council Correspondence and Agenda 4.0 POLICY: 4.1. Public Record. All Councilmembers' e-mail communications in the City-hosted e- mail system are public records, and must be filed and retained by the City according to legal retention requirements. 4.2. Public Disclosure. E-mails that are determined to be a public record are subject to public records disclosure under State law, Chapter 42.56-1-7 RCW, unless specifically exempt by statute. 4.3. Ownership. All Councilmembers' e-mail records generated in the conduct of City business are the property of the Renton City Council and of the public, regardless of the ownership of the computer hardware or software being used. 4.4. Custody of E-Mail Records. The Council Liaison will maintain custody of City Council e-mail records relating to City Business in compliance with all public records laws. The Council Liaison will process the messages in accordance with Council Policy#800-04. 4.5. Deletion of E-Mail. Deletion of any public record, including e-mail that has retention value, which has not been made a part of an approved records management system, may be illegal in the State of Washington and subject to criminal penalties. Once an e-mail public record has been made a part of the City's approved records management system, however, then the electronic version should be deleted after its administrative use has ended in order to free up computer disk space. 4.6. Open Public Meetings Act. Councilmembers must exercise caution when directly communicating with fellow Councilmembers via e-mail, so as to not violate the Open Public Meetings Act. To avoid a violation of the letter or spirit of the Open Public Meetings Act, any interactive e-mail (i.e. e-mail requiring or inviting two-way communication) between or among Council Committee members or a quorum of members of the City Council, must be restricted to matters that are not currently or likely to come before the Committee or Council. A quorum means four Councilmembers or two members of any Committee, including every person participating in the interactive e-mails. Forwarding of informational materials between or among Councilmembers on a "no comment" or "FYI-only" basis is not a violation of the Act. 4.7. Quasi-Judicial Role of Council. Councilmembers who are serving in a quasi- judicial role (i.e. land use appeals) must not engage in generating or reading substantive e-mails concerning the matter on appeal. For purposes of this provision, a substantive e-mail is one that relates to a matter before the Council while acting in a quasi-judicial role and has any information other than the scheduling or procedures of the hearing. Any substantive e-mail received by a Councilmember must, without review by the Councilmember, be routed to the Council Liaison to then be routed to the City Attorney's office. If the substantive e-mail contains or discusses information that in not within the closed record, the quasi-judicial body may not consider it. In the event the substantive e-mail contains or discusses information that is both within and without the closed record, only those parts of the e-mail that relate to information within the record may be considered by the quasi-judicial body. Other parts must be redacted and may not be considered. 4.8. Citizen Correspondence. Policy and Procedure #800-04, Council Correspondence and Agenda, applies to e-mail correspondence as well as to other forms of written communications. 5.0 DEFINITIONS: 5.1. Council "action": "Action" under the Open Public Meetings Act means the transaction of the official business of a public agency by a governing body including, but not limited to, receipt of public testimony, deliberations, discussions, consideration, reviews, evaluations, and final actions. "Final action" means a collective positive or negative decision, or an actual vote by a majority of the members of a governing body when sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance. RCW 42.30.020 (3). 5.2. Electronic Mail (E-Mail) System: A means of creating and sending messages between computers using a computer network or over a modem. 5.3. E-mail Messages or Communications: Any communication that is broadcast, created, sent, forwarded, replied to, transmitted, stored, held, copied, downloaded, displayed, viewed, read, or printed by one or several electronic communications systems or services. This includes the contents of the communication, the transactional information, and any attachments associated with such communication. 5.4. Public Records: Any "writing" containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any State or local agency regardless of physical form or characteristics. RCW 42.17.02056.010 (36). (Any e-mail regarding City business of which a Councilmember is a party, is a public record.) "Writing" as regards public records, means handwriting, typewriting, printing, Photostatting, photographing, and every other means of recording any form on communication or representation, including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated. RCW 42.1-7.056.010 (42) 5.5. Public Records Disclosure: Records requests and related process regulated by RCW 42.564-7, whereby "each agency...shall make available for public inspection and copying all public records, unless the record falls within the specific exemptions of this section or other statute". RCW 42. 13056.070 (1) 5.6. Records Management & Retention: The City's program for records management, facilitated by the City Clerk's office and based on Records Management Guidelines and General Records Retention Schedule issued under the authority of the Washington State Local Records Committee through the Office of Secretary of State, Division of Archives and Records Management, in compliance with Chapter 40.14 RCW. 5.7. Quasi-Judicial Role: A quasi-judicial role is one where the Councilmember is performing a function as a member of an appellate body, determining the legal rights, duties, or privileges of a party to a hearing or, other contested matter, rather than matters affecting the public as a whole. An example is an appeal from a land-use ruling. 5.8. Retention Value: The degree of importance attributed to a document measured by the Records Retention Schedules issued and approved by the Washington State Local Records Committee, Office of the Secretary of State, Division of Archives and Records Management. 5.9. Transitory Messages: E-mail communications which are a public record, but which have no state mandated retention value and can be deleted when its administrative use has ended without being printed and filed as part of City records management. 6.0 PROCEDURES: 6.1. Councilmember Responsibility, Each individual Councilmember is responsible for complying with laws and regulations that govern City e-mail communications. Councilmembers are encouraged to send and receive e-mail messages related to City business through the City e-mail system. A copy of each such e-mail message sent and received on other systems must also be saved for filing and retention. 6.2. Council Liaison Responsibility. The Council Liaison will manage and maintain Council e-mail messages according to law and the City's records retention policies and will assist Councilmembers with maintenance of their e-mail mailboxes. 6.3. City Clerk Responsibility. The City Clerk will provide the Council Liaison with the City's records retention policy. 6.4. City Attorney Responsibility. The City Attorney's Office will provide current information and advice to the Council President, the Council Liaison, and individual Councilmembers to assist the Council in complying with all applicable laws and regulations relating to Council e-mail messages. 800-12 CONTRACTING AUTHORITY Effective Date: 3/1/2006 Staff Contact: City Clerk Approved By: Randy Corman 1.0 PURPOSE: To establish Council contract and bidding policy and to delegate certain contracting authority to the Administration. 2.0 ORGANIZATIONS AFFECTED: Mayor and all departments/divisions 3.0 REFERENCES: Policy and Procedure#250-02, Bidding and Contracting Requirement 4.0 POLICY: 4.1 All statutory bidding and contracting requirements, as set forth in state law shall be followed. 4.2 All City contracts shall set the term of the contract, including both starting and ending date. 4.3 All original, fully-executed City contracts, excluding equipment service maintenance contracts under$5,000, shall be filed in the City Clerk office. 4.4 City contracts requiring Council action shall be renewed for no more than one term without prior Council approval. 4.5 The City Council shall receive . : . . . . . : racts executed during that quarteran updated list of all contracts every quarter. This list shall include, but not be limited to, date of expiration; amount of contract; department responsible for the contract; expected completion date of contract; and scope of work. This list shall be divided into department and division. 4.6 The City Council shall approve all Public Works contracts $30,000 and over for . . . 4.7 The City Council shall approve all non-public works contracts $50,000 20,000 and over. 4.8 Work on a contract requiring City Council approval shall not commence until such approval has been granted as authorized in this policy. 4.9 In the event an emergency situation arises which necessitates a deviation from this policy, the Mayor shall request Council designation of an emergency status at the next available Council meeting, and a legal notice describing the emergency and actions taken shall be published within seven days of Council approval. 5.0 DEFINITIONS: 5.1 CONTRACT: For purpose of this policy is defined as all agreements between two parties written and enforceable by law. 5.2 EMERGENCY: Unforeseen circumstances beyond the control of the municipality that either a) present a real, immediate threat to the proper performance of essential functions; or b) will likely result in material loss or damage to property, bodily injury, or loss of life, if immediate action is not taken. 6.0 PROCEDURES: Procedural matters regarding bidding and contracting are the responsibility of the Administration. Ar'ROVED BY 1 CITY COUNCIL Date 8-4-;CO7 COMMUNITY SERVICES COMMITTEE REPORT August 6, 2007 Appointments of Serena Aquino, Audrey Godwin, Rayomond Lam, and Erica Rehberg to the Advisory Commission on Diversity (July 23, 2007) The Community Services Committee recommends concurrence in Mayor Keolker's appointments of Serena Aquino (term expiring 12/31/09), Audrey Godwin (term expiring 12/31/09), Raymond Lam (term expiring 12/31/07), and Erica Rehberg (term expiring 12/31/09)to the Advisory Commission on Diversity. Randy Corman, Chair 7110446(2 , M cie Palmer, Vice Chair Terri Brier , Member Rev 1/06 bh ArprzovED BY 1 CTI!COUNCIL TRANSPORTATION/AVIATION COMMITTEE Date 8- - e26)°7 COMMITTEE REPORT August 6, 2007 Kenmore Air Harbor,Inc.Operating Permit and Agreement (Referred July 9, 2007) The Transportation/Aviation Committee recommends concurrence in the staff recommendation to approve an Operating Permit and Agreement with Kenmore Air Harbor, Inc. for its sublease from BHC, Inc. The Committee further recommends that the Mayor and City Clerk be authorized to sign the Operating Permit and Agreement with Kenmore Air Harbor, Inc. for its sublease from BHC, Inc. -1(Y),,,,Gtao, Marcie Palmer, Chair andy Corman, Vice-Chair Don Persson, Member cc: Ryan Zulauf,Airport Manager Susan Campbell-Hehr/Carolyn Currie,Airport Secretary Connie Brundage,Administrative Secretary Ar7ROVED BY MT COUNCIL TRANSPORTATION/AVIATION COMMITTEE Date -6-A07 COMMITTEE REPORT August 6, 2007 Bahr Aero Operating Permit and Agreement (Referred July 9, 2007) The Transportation/Aviation Committee recommends approval of an Operating Permit and Agreement with Bahr Aero for their sublease from Aerodyne LLC. The Committee further recommends that Council authorize the Mayor and City Clerk to sign the Operating Permit and Agreement with Bahr Aero for their sublease with Aerodyne LLC. —/Y)ala‘ 70/11 — Marcie Palmer, Chair andy Corman, Vice-Chair Don Persson, Member cc: Ryan Zulauf,Airport Manager Susan Campbell-Hehr/Carolyn Currie,Airport Secretary Connie Brundage,Administrative Secretary CITY OF RENTON, WASHINGTON RESOLUTION NO. 3 F96 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH SOUTH KING FIRE AND RESCUE (KING COUNTY FIRE PROTECTION DISTRICT NO. 39), THE FIRE DEPARTMENTS OF THE CITIES OF KENT, TUKWILA, AND THE PORT OF SEATTLE, AND THE VALLEY REGIONAL FIRE AUTHORITY, ENTITLED "INTERLOCAL AGREEMENT ZONE 3 SPECIAL OPERATIONS." WHEREAS, RCW 39.34.080 authorizes the City of Renton to enter into an interlocal agreement with other public agencies; and WHEREAS, South King Fire and Rescue, the Fire Departments of the cities of Renton, Kent, Tukwila, and the Port of Seattle, and the Valley Regional Fire Authority(the"parties") already cooperate with each other and provide services reciprocally, with respect to hazardous materials and/or technical rescue responses; and WHEREAS, as individual fire departments, the parties would not have adequate resources or highly trained personnel in these technical areas, to adequately respond to all potential such events; and WHEREAS, together these parties can establish and maintain one or more teams of highly trained individuals to deal with such emergencies on a regional basis; and WHEREAS, it is necessary to document the terms and conditions of this cooperative Interlocal Agreement; NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. 1 RESOLUTION NO. SECTION IL The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with South King Fire and Rescue, the Fire Departments of the cities of Kent, Tukwila, and the Port of Seattle, and the Valley Regional Fire Authority, entitled"Interlocal Agreement Zone 3 Special Operations." PASSED BY THE CITY COUNCIL this day of 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.1265:4/13/07:ma 2 s � AGIop/ed 8-6, 2007 CITY OF RENTON, WASHINGTON RESOLUTION NO. 3 89 7 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A GRANT AGREEMENT WITH KING CONSERVATION DISTRICT NUMBER 9 REGARDING THE UPPER SPRINGBROOK CREEK RESTORATION PROJECT. WHEREAS, the City of Renton in partnership with the US Army Corps of Engineers has identified habitat improvements on Upper Springbrook Creek as part of the Green/Duwamish River Basin Ecosystem Restoration Program; and WHEREAS, King Conservation District Number 9 is a special purpose district which engages in activities and programs to conserve natural resources, including soil and water; and WHEREAS, King Conservation District Number 9 is authorized to enter into agreements with municipal entities and agencies in order to carry out and facilitate the programs and activities of the District to conserve natural resources; and WHEREAS, the City of Renton has applied for and received a grant to perform such activities NOW, 'THEREFORE, THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION L The above recitals are found to be true and correct in all respects. SECTION IL The Mayor and City Clerk are hereby authorized to enter into a grant agreement with King Conservation District Number 9. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk B � RESOLUTION NO. APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: RES:1287:07/23/07:ch 2 CITY OF RENTON, WASHINGTON 6doph'd g 6-02007 RESOLUTION NO. 39? A RESOLUTION OF THE CITY OF RENTON, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN A FEDERAL AVIATION ADMINISTRATION GRANT FOR THE ENGINEERING AND DESIGN PHASE OF THE 2008 RUNWAY PAVING PROJECT. WHEREAS, the City of Renton owns and operates the Renton Municipal Airport subject to Federal Aviation Administration (FAA) Grant Assurances and the Federal Surplus Property Act of 1944; and, WHEREAS, the FAA, from time to time, makes available grants for improvement of municipal airports, and WHEREAS, Runway 15/33 has a significant dip in the southern half of the runway pavement, and several smaller dips in the northern end of the runway pavement, and WHEREAS, the pavement design and engineering phase needs to be completed in order to develop cost estimates and bid preparation documents before going out to bid on or before April 1, 2008; WHEREAS, the FAA has offered a grant in the amount of$149,646, to complete the pavement design and engineering phase to plan for the improvement of a portion of the Renton Municipal Airport runway; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION L The above findings are true and correct in all respects. 1 RESOLUTION NO. SECTION II. The Mayor and City Clerk are authorized to sign the Federal Aviation Administration grant in the amount of$149,646, for the engineering and design phase of the 2008 runway paving project. PASSED BY THE CITY COUNCIL this day of , 2007. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2007. Kathy Keolker, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES. 1290:0 8/01/07:ch 2