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Home My WebLink AboutFinal Agenda Packet CITY OF RENTON AGENDA – REGULAR 7:00 PM - MONDAY, MARCH 9, 2026 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Please note that this regular meeting of the Renton City Council is being offered as a hybrid meeting and can be attended in person at the Council Chambers, 7th floor of City Hall, 1055 S Grady Way, Renton, 98057 or remotely through Zoom. For those wishing to attend by Zoom: Please (1) click this link https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or copy/paste the URL into a web browser) or (2) call-in to the Zoom meeting by dialing 253-215-8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the day of the meeting to request an invite with a link to the meeting. Registration for Audience Comment: Registration will be open at all times, but speakers must register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and will be required to re-register for the next Council meeting if they wish to speak at that next meeting. • Request to Speak Registration Form: o Click the link or copy/paste the following URL into your browser: https://forms.office.com/g/bTJUj6NrEE • You may also call 425-430-6501 or email jsubia@rentonwa.gov or cityclerk@rentonwa.gov to register. Please provide your full name, city of residence, email address and/or phone number, and topic in your message. • A sign-in sheet is also available for those who attend in person. Video on Demand: Please click the following link to stream Council meetings live as they occur, or to select previously recorded meetings: Renton Channel 21 Video on Demand OneMeeting Project Confirmation of Work 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. ADMINISTRATIVE REPORT Administrative Report 4. AUDIENCE COMMENTS- All remarks must be addressed to the Council as a whole, if a response is requested please provide your name and address, including email address, to the City Clerk to allow for follow‐up. - Speakers must sign-up prior to the Council meeting. - Each speaker is allowed three minutes. - When recognized, please state your name & city of residence for the record.NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for or against any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 5. 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 Minutes of March 2, 2026. Council Concur b) Community & Economic Development Department - submits for consideration of adoption an ordinance establishing a six-month moratorium on the acceptance or processing of applications for the change of use, establishment, expansion or development of facilities for the detention, transportation, or food services for people detained by local, state, or federal law enforcement. A public hearing will be set, pursuant to RCW 35A.63.220, within sixty (60) days of the adoption date of the ordinance. Council Concur c) Community & Economic Development Department – Economic Development Division recommends execution of a purchase and sale agreement with 1889 TB, LLC for King County Parcel Nos. 3023059096, 3023059098, 3023059099 and 3023059091, in the amount of $9,500,000 plus associated closing costs for the opportunity to re-develop the parcels for Parks Maintenance Shop and other future uses of the property. Council Concur d) Community & Economic Development Department – Planning Division recommends adoption of a resolution authorizing the allocation of Renton’s South King Housing and Homelessness Partners (SKHHP) contributions in the amount of $227,503 to SKHHP’s Housing Capital Fund to finance affordable housing in South King County communities in concurrence with the SKHHP Executive Board’s recommendation. Refer to Planning & Development Committee e) Community & Economic Development Department – Development Engineering Division recommends adoption of an ordinance granting Hyperfiber of WA, LLC dba Ripple Fiber a franchise agreement allowing installation of communications equipment, specifically fiber optic cables and appurtenances. Refer to Utilities Committee f) Public Works Department – Airport Division requests authorization to purchase two HPE ProLiant DL380 Gen12 servers and associated appurtenances, vendor Trace3, in the amount of $232,184.70, to support the additional video storage requirements caused by the Airport Security & Fence Upgrade project that added 52 additional security cameras at the Airport. Refer to Finance Committee g) Public Works Department – Airport Division recommends execution of Amendment No. 1 to CAG-23-249, grantor Federal Aviation Administration (FAA), to accept an additional $216,653 (new total grant amount is $1,877,652) for the Taxiway A Rehabilitation project. Refer to Finance Committee h) Public Works Department – Facilities Division recommends execution of an agreement with New Generation Electric, in the amount of $165,738.98, to provide and install new EV (electric vehicle) chargers, power distribution equipment, electrical conduit and wiring, and data conduit for two dual-port EV chargers, including enough additional parts to expand to four dual-port EV chargers in the future, at City Hall and the City Shops buildings. Refer to Finance Committee i) Public Works Department – Facilities Division recommends execution of a lease agreement with Logan Market, LLC, for Renton Market at 233 Burnett Ave S, for a ten-year term effective April 1, 2026 through March 31, 2036 with two optional five-year extensions. Revenue generated increases over the term of the lease with with years five and six generating $176,745 annually plus leasehold excise tax. Additionally, $14,356.80 and $1,200 will be generated annually for parking stalls and storage fees. Refer to Finance Committee j) Public Works Department – Transportation Systems Division submits CAG-25- 003, Cedar Ave Sidewalk project, contractor Westwater Construction Company, and requests acceptance of the project and authorization to release the retainage bond after 60 days after all State releases are obtained and any liens are legally cleared. Council Concur k) Public Works Department – Utilities Systems Division recommends execution of an agreement with Consor North America, Inc., in the amount of $1,240,033 for construction management and inspection services for the Kennydale Lakeline Sewer System Improvement project. Refer to Utilties Committee l) Public Works Department – Utilities Systems Division recommends execution of an agreement with Kimley-Horn & Associates, Inc., in the amount of $477,600, for design work for the NE 24th & NE 16th Street AC Water Main Replacement and Sidewalk Improvements project. Refer to Utilities Committee 6. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an OneMeeting Project Confirmation of Work asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Community Services Committee: 1) Appointment of Dominic Williams to the Equity Commission b. Finance Committee: 1) Vouchers; 2) Contract Amendment for Downtown Business District Clean Initiative; 3) Acceptance of State and Local Cybersecurity Grant Program Funding; 4) King County Parks Property Tax Levy Agreement – Proposition I; 5) Sartori Traffic Safety Improvements; 6) Agreement with Department of Ecology for 2025-2027 Water Quality Stormwater Capacity Grant c. Planning & Development Committee: 1) Title IV Docket 20 Group A (D-241: Neighborhood Scale Retail); 2) Title IV Docket 20 Group C (D-246: Electric Fence Code Update) 7. LEGISLATION Ordinance for second and final reading: a. Ordinance No. 6186: An Ordinance of the City of Renton, Washington, declaring a portion of an existing utility easement reserved by Ordinance No. 3378 surplus to the city’s needs, authorizing the Mayor and City Clerk to execute and record with King County a partial release of said easement, providing for severability, and establishing an effective date. (First Reading 3/2/2026) Ordinance for First Reading and Advancement to Second and Final Reading: b. Ordinance No. 6187: An Ordinance of the City of Renton, Washington, establishing a six-month moratorium on the acceptance or processing of applications for the change of use, establishment, expansion, or development of facilities for the detention, transportation, or food services for people detained by local, state, or federal law enforcement, setting a public hearing, declaring an emergency, providing for severability, and establishing an effective date. (See Item 5.b) 8. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 9. ADJOURNMENT DATE: March 5, 2026 TO: Ruth Pérez, Council President Members of the Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • Join Chief Administrative Officer Ed VanValey for What’s Brewing with Ed, Tuesday, March 10 from 5:30-6:30 p.m. at Four Generals Brewing; 229 Wells Avenue South. This community engagement program is designed so you can ask questions and get useful updates about Renton from city management and staff. • Congratulations to the Renton Wolves and Renton Roughnecks on their recent victories in the Special Olympics State Basketball Tournament in Wenatchee. The Wolves received a silver medal, and Roughnecks brought home the bronze. Both teams are part of our Parks and Recreation Department’s basketball program. A great achievement for our local athletes! • Put on your dancing shoes and get ready to Step Into Spring, a DJ disco dance for those 50 and over Friday, March 20 from 5:30-7:30 p.m. at the Don Persson Senior Activity Center. The event will include costume and dance contests and photo booth fun with friends. Light refreshments will be provided. Space is limited so register early online at www.rentonwa.gov/register to reserve your spot. • Join us March 25 for Mayor Pavone’s 2026 State of the City event at the Hyatt Regency Lake Washington at Southport. Receive exciting updates on the city’s progress and hear directly from Mayor Pavone about what’s in store for the coming year. Doors open at 5:30 p.m. with the presentation commencing at 6:30 p.m. Don’t miss the opportunity to engage with local officials and fellow community members. Reserve your spot online at www.rentonwa.gov/sotc. • During the February 23 council meeting public comment segment, concerns were raised by a resident about potential code compliance violations. Staff has investigated the concerns and provided updates to the resident. • With less than a hundred days until the World Cup, we invite you to join our more than two-year journey of community engagement and feedback that is now taking shape as a vibrant and exciting Arts & Culture hub in the heart of the downtown. Legacy Square will host many events throughout the summer and we encourage businesses and residents to check out our information, helpful resources, and FIFA-issued playbooks on our website at www.rentonwa.gov, key words Legacy Square and Business Hub. 5 of 375 Ruth Pérez, Council President Members of the Renton City Council Page 2 of 3 March 5, 2026 • Information about preventative street maintenance, traffic impact projects, and road closures happening this week can be found at http://rentonwa.gov/traffic. All projects are weather permitting and unless otherwise noted, streets will always remain open. 6 of 375 Ruth Pérez, Council President Members of the Renton City Council Page 3 of 3 March 5, 2026  Monday, March 9 through Friday, March 13, 7:00am-4:00pm. Road closure on SE 5th St from Maple Valley Highway to east of SE 6th St for construction work. Approved traffic control plans were issued for all work and will be followed. Questions may be directed to Casey Grant, 206-532-4380.  Monday, March 9 through Friday, March 13, 7:00am-4:00pm. Road closure on SE 6th St at the intersection of SE 5th St for construction work. Approved traffic control plans were issued for all work and will be followed. Questions may be directed to Casey Grant, 206- 532-4380.  Monday, March 9 through Friday, March 13, 8:00-3:00pm. Intermittent lane closure on N 6th St at Logan Ave N for construction work. Approved traffic control plans were issued for all work and will be followed. Questions may be directed to Kip Braaten, 206-503-1746.  Monday, March 9 through Friday, March 13. Intermittent lane closure on N 8th St at Park Ave N for construction work. Approved traffic control plans were issued for all work and will be followed. Questions may be directed to Kip Braaten, 206-503-1746.  Monday, March 9 through Friday, March 13, 8:00am-3:00pm. Intermittent lane closure on 108th Ave SE between SE 180th St and SE Petrovisky Rd for construction work. Approved traffic control plans were issued for all work and will be followed. Questions may be directed to Kip Braaten, 206-503-1746.  Monday, March 9 through Friday, March 13, 8:00am-4:00pm. Road closure on 122nd Ave SE between SE 172nd St and SE 168th St for construction work. Approved traffic control plans were issued for all work and will be followed, including detour and spotters and flaggers to assist with local traffic and pedestrians. Questions may be directed to Rob Blackburn, 206- 379-1489.  Monday, March 9 through Friday, March 13, 8:00am-4:00pm. Intermittent lane closure on SE 172nd St between 122nd Ave SE and 127th Ave SE for construction work. Approved traffic control plans were issued for all work and will be followed. Questions may be directed to Rob Blackburn, 206-379-1489.  Monday, March 9 through Friday, March 13. Intermittent lane closure on Rainier Ave N at Airport Way for construction work. Approved traffic control plans were issued for all work and will be followed. Questions may be directed to Joe Nerlfi, 425-757-9657.  On-going Street Closure through May 15, 2026 (City of Renton Resolution No. 4571) FULL STREET CLOSURE on Houser Way N between Lake Washington Blvd N and Lowe’s business access road in support of the I-405, Renton to Bellevue Widening and Express Toll Lanes (ETL) project. 7 of 375 CITY OF RENTON MINUTES - City Council Regular Meeting MARCH 2, 2026; 7:00 PM Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL Council Member Present Ruth Pérez, Council President James Alberson, Jr., Council Position No. 1 Carmen Rivera, Council Position No. 2 Valerie O'Halloran, Council Position No. 3 Ryan McIrvin, Council Position No. 4 Ed Prince, Council Position No. 5 Kim-Khánh Vǎn, Council Position No. 7 ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer Shane Moloney, City Attorney Jason Seth, City Clerk Maryjane Van Cleave, Parks & Recreation Administrator Martin Pastucha, Public Works Administrator Young Yoon, IT Director Amanda Free, Economic Development Director Jennifer Spencer, Recreation Director Eric Perry, Government Affairs Manager Meara Heubach, Solid Waste Program Manager Stephanie Rary, Property Services Specialist Commander Chandler Swain, Police Department ATTENDED REMOTELY Judith Subia, Chief of Staff Kristi Rowland, Deputy CAO Kari Roller, Finance Administrator Melissa McCain, Deputy City Clerk Ron Straka, Public Works Utility Systems Director 8 of 375 3. PROCLAMATION 3.a) American Red Cross Month – March 2026: A proclamation by Mayor Pavone was read declaring March 2026 as American Red Cross Month in the City of Renton and encouraging everyone to participate in this special observance. Paul Thomson, Government Operations and Community Partnerships Coordinator for the American Red Cross accepted the proclamation with appreciation. MOVED BY PÉREZ, SECONDED BY MCIRVIN, COUNCIL ADOPT THE PROCLAMATION AS PRESENTED. CARRIED. 4. PUBLIC HEARING 4.a) Partial Release of Utility Easement for King County Parcel No. 7791000050: This being the date set, and notices having been properly posted and published, Mayor Pavone opened the Public Hearing to consider the partial release of a utility easement for King County Parcel No. 7791000050. Stephanie Rary, Property Services Specialist, reported that a petition was received requesting a partial release of a utility easement that had been reserved by Ordinance No. 3378 in 1979. The petition was submitted by Jennifer Saechao, property owner of King County Parcel No. 7791000050 and was signed by two- thirds of the property owners affected by the easement. She stated there is an eight (8) inch gravity wastewater main located within the easement and displayed a map indicating where a new easement will be dedicated to the city for this utility. To conclude, Ms. Rary stated that there were no objections to the petition from city staff and recommended that Council approve the partial release of the easement by adopting an ordinance declaring it surplus to the city’s needs and authorizing the City Clerk to record the ordinance with King County. There being no public comments or correspondence on this matter, it was MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. 5. ADMINISTRATIVE REPORT 5.a) CAO Ed VanValey reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2026 and beyond. Noted items were: • Join us Saturday, March 7 at the Renton Community Center for Puzzle Palooza! The event is broken out with a Family Division taking place from 11 a.m.-1 p.m. followed by the Adult Division from 2-5 p.m. Family Division teams must include at least one participant under age 14. Each division concludes with a puzzle swap where you can trade a gently used puzzle for a fresh new favorite. Cost is $50 for residents and 9 of 375 $60 for non-residents. Register today at rentonwa.gov/register. • Enjoy a full day of community, creativity, and connection at Cascade Family Fun Day, Saturday, March 7 from 12-6 p.m. at Cascade Village located at 16906 116th Avenue SE, Renton. Families are invited to participate and browse family friendly activities, a children’s market, and neighborhood businesses. The day wraps up with Explore Cascade – a sip, shop, and stroll business crawl and wine walk, offering a fun way for adults to support local businesses while enjoying the neighborhood. • The Renton Police Department and Regional Fire Authority will be hosting a free Senior Public Safety Miniseries: Police and Fire in Action. Sessions begin March 11 and are held every other Wednesday through May 6 from 1-2:30p.m. Event locations will rotate among the Senior Center, City Hall, and Fire Station 12. Space is limited and you may register at rentonwa.gov/register. • Join us March 25 for Mayor Pavone’s 2026 State of the City event at the Hyatt Regency Lake Washington at Southport. Receive exciting updates on the city’s progress and hear directly from Mayor Pavone about what’s in store for the coming year. Doors open at 5:30 p.m. with the presentation commencing at 6:30 p.m. Don’t miss the opportunity to engage with local officials and fellow community members. Reserve your spot online at www.rentonwa.gov/sotc. • Information about preventative street maintenance, traffic impact projects, and road closures happening this week can be found at http://rentonwa.gov/traffic. All projects are weather permitting and unless otherwise noted, streets will always remain open. 6. AUDIENCE COMMENTS • Alexander Elsayed, Renton, thanked city officials for requesting an ordinance that would place a moratorium detention centers and affiliated uses. He noted that even if there was something in city code about this issue the ordinance should be adopted anyway. • Daphne Baird, Renton, also thanked city officials for requesting that moratorium on detention centers ordinance and requested that local law enforcement should hold I.C.E. accountable for any wrongdoing. • Liz Callahan, Renton, spoke in opposition to executing a new contract with Recology King County for solid waste services, and urged city officials to execute an extension to the Republic Services contract. • James Borsun, Auburn, stated he represents the local union that supports Republic Services drivers and noted that many drivers will not move to Recology King County. • Joe Frederica, Bonney Lake, requested that city officials extend the Republic Services contract. • Marvin Rosete, Renton, spoke in support of extending the Republic Services contract for affordability reasons. • Gabriel Dias, Renton, expressed thanks for allowing virtual attendance at Committee of the Whole meetings again. • Steve Brum, Seattle, stated he is employed by Recology King County and thanked city officials for considering contracting with the organization for solid waste services. • Anthony Brocato, Seattle, stated he is employed by Recology King County and thanked city officials for considering contracting with the organization for solid waste services. • Lamberto Hernandez, Kent, stated he is a driver for Recology King County and thanked 10 of 375 city officials for considering contracting with the organization for solid waste services. • Alissa Campbell, Renton, stated that she is employed by Recology King County and thanked city officials for considering contracting with the organization for solid waste services. • Wendy Weiker, Bellevue, stated she is employed by Republic Services and urged city officials to extend the Republic Services contract to sustain jobs and save residents money. • Tim Malinsky, Renton, stated he works for Republic Services and noted that the organization has made changes to improve its service record. • John Olivares, Kent, stated he works for Republic Services and urged city officials to extend the Republic Services contract for fiscal reasons. • Sarah Becker, Renton, stated she was disappointed in the playground equipment being installed at Legacy Square. She noted that other playgrounds recently installed are much nicer. She also noted that there was little community involvement included in the process for the Legacy Square playground. • Diane Dobson, Renton, spoke about garbage audits and urged city officials to extend the contract with Republic Services. 7. CONSENT AGENDA 7.a) Approval of Council Minutes of February 23, 2026. Council Concur 7.b) Mayor Pavone recommended confirmation of his appointment of Dominic Williams to the Equity Commission for a term expiring December 31, 2028. Refer to Community Services Committee 7.c) Community & Economic Development Department – Economic Development Division recommended execution of Amendment No. 1 to CAG-25-074, contractor Fresh Family Trucking, LLC dba Fresh Family, extending the agreement through March 31, 2027, and increasing the contract amount by $150,000 for additional cleaning services for the Downtown Business District. Refer to Finance Committee 7.d) Executive Services Department – IT Division recommended execution of a State and Local Cybersecurity Grant Program (SLCGP) Contract E26-120, with the Washington State Military Department, to accept $25,000 in grant funds to conduct a third-party assessment of the SCADA (Supervisory Control and Data Acquisition) environment which monitors and controls the city’s water system. Refer to Finance Committee 7.e) Parks & Recreation Department – Parks & Trails Division recommended execution of a Property Tax Levy Agreement with King County that enables the city to receive annual levy distributions of ten percent (10%) of total levy proceeds dedicated to towns, cities, and eligible park districts and a one-time municipal parks capital and open space pass-through allocation of $1,950,000 during the levy period. Refer to Finance Committee 7.f) Public Works Department – Transportation Systems Division requested 11 of 375 authorization to transfer $245,000 of unencumbered fund balance in the Transportation Benefit District account to the Traffic Safety Program account as part of the first quarter budget adjustment to fund the Sartori Traffic Safety Improvements project. This project will replace existing aging traffic signal equipment, including Accessible Pedestrian Signal (APS) system, traffic signal cabinets, signal controllers, and add new traffic signal phases, illuminated LED traffic signs, and traffic cameras that feed into the Traffic Management Center at City Hall. Refer to Finance Committee 7.g) Public Works Department – Utility Systems Division recommended execution of a Water Quality Stormwater Capacity Agreement No. WQSWCAP-2527-Renton- oo159, with the Washington State Department of Ecology, to accept $120,000 in grant funds for the implementation of the Western Washington Phase II Municipal Stormwater Permit requirements; and approve the appropriation of these funds to the Surface Water Utility Fund. Refer to Finance Committee MOVED BY PÉREZ, SECONDED BY MCIRVIN, COUNCIL ADOPT THE PROCLAMATION AS PRESENTED. CARRIED. 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. 8.a) Transportation Committee: Chair Rivera presented a report recommending concurrence in the staff recommendation to authorize the Mayor and City Clerk to execute the 2026-2027 ORCA Business Cards and Business Passports agreement with King County Metro, in the amount of $115,851.60, for 355 passes for eligible employees. MOVED BY RIVERA, SECONDED BY PRINCE, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. 8.b) Utilities Committee: Chair Vǎn presented a report recommending concurrence in the staff recommendation to adopt an ordinance declaring a portion of an existing utility easement surplus and authorizing the Mayor and City Clerk to execute and record with King County a partial release of said easement. MOVED BY VǍN, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. 8.c) Utilities Committee: Chair Vǎn presented a report recommending concurrence in the staff recommendation to authorize the Mayor and City Clerk to execute the agreement with Tetra Tech, Inc., in the amount of $298,671 for engineering services for the Big Soos Creek at 116th Ave SE Sediment Control project. MOVED BY VǍN, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE 12 of 375 COMMITTEE RECOMMENDATION. CARRIED. 8.d) Utilities Committee: Chair Vǎn stated there is a Majority and Minority committee report regarding the Recology King County contract. Majority Report: Chair Vǎn presented a report recommending not approving the proposed contract with Recology King County for garbage, recyclables, and compostables services at this time. The Committee further recommended authorizing staff to execute the Republic Services two-year contract extension option. Minority Report: Vice-Chair Alberson presented a report recommending concurrence in the staff recommendation to approve the contract with Recology King County for garbage, recyclables, and compostables services from April 1, 2027, through March 31, 2037. (Minority report adopted) Council discussion ensued regarding the pros and cons of extending the Republic Services contract or executing a new contract with Recology King County for solid waste services. MOVED BY VǍN, SECONDED BY RIVERA, COUNCIL CONCUR IN THE MAJORITY COMMITTEE REPORT RECOMMENDATION. *MOTION DEFEATED. *ROLL CALL: AYES: VǍN, RIVERA, MCIRVIN NAYES: ALBERSON, PÉREZ, PRINCE, O’HALLORAN MOVED BY ALBERSON, SECONDED BY PRINCE, COUNCIL CONCUR IN THE MINORITY COMMITTEE REPORT RECOMMENDATION. **MOTION CARRIED. **ROLL CALL: AYES: ALBERSON, PÉREZ, PRINCE, O’HALLORAN, MCIRVIN, RIVERA NAYES: VǍN 9. LEGISLATION Ordinance for first reading: 9.a) Ordinance No. 6186: An Ordinance of the City of Renton, Washington, declaring a portion of an existing utility easement reserved by Ordinance No. 3378 surplus to the city’s needs, authorizing the Mayor and City Clerk to execute and record with King County a partial release of said easement, providing for severability, and establishing an effective date. MOVED BY VǍN, SECONDED BY ALBERSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. Ordinance for second and final reading: 13 of 375 9.b)Ordinance No. 6185: An Ordinance of the City of Renton, Washington, amending subsections 4-2-060.K, 4-2-060.N, 4-2-080.A.41, 4-11-030.UU through 4-11-030.RRR, and 4-11-190.K of the Renton Municipal Code, amending Zoning Regulations and adding a definition for Construction/Contractor’s Yards, Authorizing Corrections, providing for severability, and establishing an effective date. MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. 10.NEW BUSINESS MOVED BY VǍN, SECONDED BY RIVERA, COUNCIL REFER PAUSING THE USE OF FLOCK CAMERAS TO THE ADMINISTRATION AND REFER (THE RESPONSE) TO THE PUBLIC SAFETY COMMITTEE. MOTION CARRIED AS AMENDED. MOVED BY VǍN, SECONDED BY PÉREZ, COUNCIL AMEND THE MOTION BY INSERTING THE WORDS “AND REFER (THE RESPONSE) TO THE PUBLIC SAFETY COMMITTEE” AT THE END OF THE MOTION. CARRIED. 11.ADJOURNMENT MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL ADJOURN. CARRIED. TIME: 8:39 PM Jason A. Seth, MMC, City Clerk Jason Seth, Recorder Monday, March 02, 2026 14 of 375 Council Committee Meeting Calendar March 2, 2026 March 9, 2026 Monday 3:15 p.m. Community Services Committee, Chair McIrvin Location: Council Conference Room/Videoconference 1. Appointment of Dominic Williams to the Equity Commission 2. Emerging Issues in Parks & Recreation 4:00 p.m. Finance Committee, Chair O’Halloran Location: Council Conference Room/Videoconference 1. Contract Amendment for Downtown Business District Clean Initiative 2. Acceptance of State and Local Cybersecurity Grant Program Funding 3. King County Parks Property Tax Levy Agreement – Proposition I 4. Sartori Traffic Safety Improvements 5. Agreement with Department of Ecology for 2025-2027 Water Quality Stormwater Capacity Grant 6. Vouchers 7. Emerging Issues in Finance 5:00 p.m. Planning & Development Committee, Chair Prince Location: Council Conference Room/Videoconference 1. Title IV Docket 20 Group A • D-241: Neighborhood Scale Retail 2. Title IV Docket 20 Group C • D-246: Electric Fence Code Update 3. Emerging Issues in CED 6:00 p.m. Committee of the Whole, Chair Pérez Location: Council Chambers/Videoconference 1. Pop-Up Dog Parks 1. Renton Municipal Airport Update * 7:00 p.m. Council Meeting Location: Council Chambers/Videoconference 15 of 375 1 SUBJECT/TITLE:26ORD010 Detention Facility Moratorium RECOMMENDED ACTION: Council Concur DEPARTMENT: Community & Economic Development STAFF CONTACT: Gina Estep, Administrator EXT.: 206-305-3615 N/A On February 23rd, 2026, the City Council passed the following motion: “(FOR THE ADMINISTRATION) TO DEVELOP AN ORDINANCE ENACTING A MORATORIUM ON THE CHANGE OF USE, ESTABLISHMENT, OR DEVELOPMENT OF FACILITIES FOR DETENTION, TRANSPORTATION OR FOOD SERVICES FOR PEOPLE DETAINED BY LOCAL, STATE, OR FEDERAL LAW ENFORCEMENT AND SETTING A PUBLIC HEARING DECLARING A STATE OF EMERGENCY AND DECLARING AN EFFECTIVE DATE. AND THAT IF THE CODE EXISTS, WE DO NOT NEED TO DRAFT THE ORDINANCE.” The motion requested setting a public hearing declaring a state of emergency, however, the process is to declare a state of emergency, then set a public hearing. A Public Hearing will be scheduled within 60 days of ordinance adoption. Staff has reviewed the code and determined that there is room for argument that such a use could be allowed within the City, though it would depend upon the specific proposal and zone. Because staff cannot assure council the existing code would prohibit the described uses in full, the attached ordinance is presented pursuant to the Council motion for the Council's consideration. Staff is not providing a recommendation on adoption, as it defers to the Council on that as a policy decision. The effect of the moratorium would be to preserve the status quo until the City has an opportunity to study land use impacts and decide whether code changes are appropriate. Staff would start such work if the ordinance were passed, but likely not until after a required public hearing is held. Legal analysis of the long-term zoning decisions would be addressed to Council in executive session or confidential legal memo. City Council Regular Meeting FISCAL IMPACT SUMMARY: SUMMARY OF ACTION 16 of 375 2 Consider whether to adopt the ordinance drafted in response to the City Council's February 23rd, 2026 motion. STAFF RECOMMENDATION 17 of 375 CITY OF RENTON MINUTES - City Council Regular Meeting FEBRUARY 23, 2026; 7:00 PM Council Chambers, 7th Floor, City Hall –1055 S. Grady Way 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL COUNCILMEMBERS PRESENT Ruth Pérez, Council President James Alberson, Jr., Council Position No. 1 Carmen Rivera, Council Position No. 2 Valerie O'Halloran, Council Position No. 3 Ryan McIrvin, Council Position No. 4 Ed Prince, Council Position No. 5 attended remotely) Kim-Khánh VÍn, Council Position No. 7 ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Ed VanValey, CAO Alex Tuttle, Senior Assistant City Attorney Jason Seth, City Clerk Martin Pastucha, Public Works Administrator Kari Roller, Finance Administrator Maryjane Van Cleave, Parks & Recreation Administrator Laura Pettitt, Communications & Engagement Director Matt Herrera, Planning Director Eric Perry, Government Affairs Manager ATTENDED REMOTELY Judith Subia, Chief of Staff Kristi Rowland, Deputy CAO Ron Straka, Public Works Utility Systems Director 18 of 375 3. PROCLAMATION a) Lunar New Year February 17 – March 3, 2026: A proclamation by Mayor Pavone was read declaring February 17 – March 3, 2026, as Lunar New Year in the City of Renton and encouraging all residents to join in this special observance. Kelli Namura, CEO; Nam Phuong Hong, CIO; and LeeChing Tien, Foundation Board Member and owner of Viet-Wah accepted the proclamation with appreciation on behalf of International Community Health Services. MOVED BY VAN, SECONDED BY PÉREZ, COUNCIL ADOPT THE PROCLAMATION AS PRESENTED. CARRIED. 4. ADMINISTRATIVE REPORT CAO Ed VanValey reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2026 and beyond. Noted items were: x Renton River Days is turning 40! Beginning March 1, we will begin accepting applications for the River Days Parade. The application and more information may be found at rentonwa.gov. x Surface Water Utility is accepting public comment on the draft 2026 Stormwater Management Program Plan through March 9th. The Plan and instructions for making comments are on Renton’s website: rentonwa.gov/npdes. x Information about preventative street maintenance, traffic impact projects, and road closures happening this week can be found at http://rentonwa.gov/traffic. All projects are weather permitting and unless otherwise noted, streets will always remain open. 5. AUDIENCE COMMENTS- x Devin Lee Moore, unknown, stated he is a member of the Recovery Navigator Program, which means he is a co-responder on police calls where residents may need help getting treatment. He thanked the Police Department for choosing to use this program. x Paul Quinn, Sammamish, spoke about a program that would charge residents by how much solid waste is picked from their homes and businesses instead of by container size. x Carolyn Celis, Renton, stated she has communicated with the administration about ongoing issues occurring on 144th Ave SE in Renton and has not received a response. Mayor Pavone requested she speak with Matt Herrera, Planning Director, who was in the audience. x Wendy Weiker, Bellevue, speaking on behalf of Republic Services, urged Council to extend the current solid waste contract with Republic. She noted that the additional two years would allow the organization to do a better job at public outreach. x Alissa Campbell, Renton, speaking on behalf of Recology King County, thanked Council for considering contracting with Recology for solid waste services. 19 of 375 x Gabriel Dias, Renton, urged Council to place a moratorium on the development of detention centers and requested more be done to protect residents from federal immigration law enforcement. 6. CONSENT AGENDA a) Approval of Council Minutes of February 9, 2026. Council Concur b) Executive Services Department recommended execution of a Settlement Agreement with Comcast Cable Communications Management, LLC to accept 160,000 to settle all Franchise Fee, PEG Fee, and Utility Tax payment issues for the period of January 1, 2020, through December 31, 2022. Council Concur c) Human Resources and Risk Management Department recommended execution of Amendment 4 to CAG-24-089, consultant Patterson Buchanan Fobes & Leitch, Inc., PS, in the amount of $529,000 for additional legal defense services. The city has met its self-insured retention (SIR) for this issue and it is expected that the insurance company will reimburse the city for defense counsel invoices until the case is resolved. Council Concur d) Public Works – Administration recommended execution of an agreement with Recology King County in the projected amount of $241,000,000 for garbage, recyclables, and compostables services from April 1, 2027 through March 31, 2037. Refer to Utilities Committee e) Public Works – Transportation Systems Division submitted CAG-25-048, 116th Ave SE Sidewalk project, contractor Mike McClung Construction Co., and requests acceptance of the work completed to date and authorization to release the retainage bond after 60 days after all State releases are obtained and all liens are legally cleared. Council Concur f) Public Works – Transportation Systems Division recommended execution of the 2026-2027 ORCA Business Cards and Business Passport Products Agreement, in the amount of $115,851.60 for 355 passes for eligible employees; and approval of 9,866 in additional appropriations to cover the budget gap. Refer to Transportation (Aviation) Committee g) Public Works – Utility Systems Division recommended execution of an agreement with Tetra Tech, Inc., in the amount of $298,671 for engineering services for the Big Soos Creek at 116th Ave SE Sediment Control project. Refer to Utilities Committee MOVED BY PÉREZ, SECONDED BY MCIRVIN, COUNCIL ADOPT THE CONSENT AGENDA AS PUBLISHED. CARRIED. 20 of 375 7. UNFINISHED BUSINESS a) Finance Committee: Chair O’Halloran presented a report recommending approval of the following payments: 1. Accounts Payable – total payment of $11,350,050.32 for vouchers 12126, 12326, 13026, 13126, 20626, 116260, 122260, 131260, 1022026, 1222600, 121226000, 2102026, 430945-430946, 430955-431263; payroll benefit withholding vouchers 7868-7877, 430947-430954; and 2 wire transfers. 2. Payroll – total payment of $2,282,851.10 for payroll vouchers that include 706 direct deposits and 6 checks. (1/16/26-1/31/26 pay period). 3. Kidder Mathews vouchers 2093-2114 totaling $33,068.14. MOVED BY O’HALLORAN, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Finance Committee: Chair O’Halloran presented a report recommending concurrence in the staff recommendation to authorize the Mayor and City Clerk to execute the lease agreement with Cintas Corporation No 2., in the amount of 60.00 per month plus any applicable taxes and utilities. MOVED BY O’HALLORAN, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Planning & Development Committee: Chair Prince presented a report recommending concurrence in the staff and Planning Commission recommendation to adopt Docket Group 20C, D-247 Indoor Recreation and that the ordinance for this item be prepared and presented for first reading when complete. MOVED BY PRINCE, SECONDED BY VAN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. 8. LEGISLATION Ordinance for first reading: a) Ordinance No. 6185: An Ordinance of the City of Renton, Washington, amending subsections 4-2-060.K, 4-2-060.N, 4-2-080.A.41, 4-11-030.UU through 4-11-030.RRR, and 4-11-190.K of the Renton Municipal Code, amending Zoning Regulations and adding a definition for Construction/Contractor’s Yards, Authorizing Corrections, providing for severability, and establishing an effective date. MOVED BY PRINCE, SECONDED BY VAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. 21 of 375 Ordinances for second and final reading: b) Ordinance No. 6183: An Ordinance of the City of Renton, Washington, amending the 2025 Official Zoning Map for nine (9) geographically distinct sites within the City of Renton from Residential Multi-Family RMF), Residential-14 (R-14), and Residential-10 (R-10) to Residential Multi-Family 2 (RMF-2), providing for severability, and establishing an effective date. MOVED BY PRINCE, SECONDED BY VAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. c) Ordinance No. 6184: An Ordinance of the City of Renton, Washington amending Section 4-2-060 of the Renton Municipal Code Subsections 4- 4-040.B.5, 4-4-080.F.8, 4-8-090.C, and 4-10-050.A of the Renton Municipal Code; and definitions in Sections 4-11-010.S, 4-11-020 And 4- 11-120 of the Renton Municipal Code, codifying Administrative Code Interpretations from 2021 to 2024, authorizing corrections, providing for severability, and establishing an effective date. MOVED BY PRINCE, SECONDED BY VAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. 9. NEW BUSINESS Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) MOVED BY PÉREZ, SECONDED BY MCIRVIN, COUNCIL CANCEL ALL MARCH 16, 2026, COUNCIL MEETINGS. CARRIED. MOVED BY RIVERA, SECONDED BY VAN, COUNCIL (DIRECT THE ADMINISTRATION) TO DEVELOP AN ORDINANCE ENACTING A MORATORIUM ON THE CHANGE OF USE, ESTABLISHMENT, OR DEVELOPMENT OF FACILITIES FOR DETENTION, TRANSPORTATION OR FOOD SERVICES FOR PEOPLE DETAINED BY LOCAL, STATE, OR FEDERAL LAW ENFORCEMENT AND SETTING A PUBLIC HEARING DECLARING A STATE OF EMERGENCY AND DECLARING AN EFFECTIVE DATE. **MOTION CARRIED AS AMENDED. AYES: RIVERA, VAN, PÉREZ, O’HALLORAN, MCIRVIN, PRINCE NAYS: ALBERSON. MOVED BY RIVERA, SECONDED BY VAN, COUNCIL AMEND THE MOTION TO INSERT THE WORDS “AND THAT IF THE CODE EXISTS, WE DO NOT NEED TO DRAFT THE ORDINANCE.” *MOTION CARRIED. AYES: RIVERA, VAN, PÉREZ, O’HALLORAN, MCIRVIN, PRINCE NAYS: ALBERSON. 22 of 375 10. ADJOURNMENT MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL ADJOURN. CARRIED. Time 7:27 PM Jason A. Seth, MMC, City Clerk Jason Seth, Recorder Monday, February 23, 2026 23 of 375 Council Committee Meeting Calendar February 23, 2026 March 2, 2026 Monday 3:00 p.m. Utilities Committee, Chair VÏn Location: Council Conference Room/Videoconference 1. Ordinance Declaring a Portion of An Existing Utility Surplus, Authorizing its Partial Release, and Resolution Setting a Public Hearing 2. Agreement with Tetra Tech, Inc. for Big Soos Creek at 116th Ave SE Sediment Control Project 3. Contract with Recology King County for Garbage, Recyclables, and Compostables Service 4. Emerging Issues in Utilities 4:15 p.m. Public Safety Committee, Chair Alberson Location: Council Conference Room/Videoconference 1. 2025 Annual Report 2. Traffic Safety Reviewat Sartori Elementary 3. Emerging Issues in Public Safety 5:15 p.m. Transportation Committee, Chair Rivera Location: Council Conference Room/Videoconference 1. 2026-2027 ORCA Business Cards and Business Passport Products Agreement 2. Emerging Issues in Transportation 6:00 p.m. Committee of the Whole, Chair Pérez Location: Council Chambers/Videoconference 1. Age-FriendlyRenton Update 7:00 p.m. Council Meeting Location: Council Chambers/Videoconference 24 of 375 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING A SIX-MONTH MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF APPLICATIONS FOR THE CHANGE OF USE, ESTABLISHMENT, EXPANSION, OR DEVELOPMENT OF FACILITIES FOR THE DETENTION, TRANSPORTATION, OR FOOD SERVICES FOR PEOPLE DETAINED BY LOCAL, STATE, OR FEDERAL LAW ENFORCEMENT, SETTING A PUBLIC HEARING, DECLARING AN EMERGENCY, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Renton (“City”) is a non-charter optional municipal code city incorporated under the laws of the State of Washington; and WHEREAS, the City is authorized to adopt and enforce land use regulations, including moratoria, pursuant to the authority granted by RCW 35A.63.220 and RCW 36.70A.390; and WHEREAS, RCW 35A.63.220 authorizes cities to adopt moratoria and interim zoning controls on the filing and processing of land use applications and development permits for a period of up to six months, provided that a public hearing is held within sixty (60) days of adoption; and WHEREAS, the City has become aware of increased interest in establishing or expanding detention-related facilities in the South King County region, and the City’s current land use regulations may not adequately address this emerging category of use; and WHEREAS, multiple jurisdictions within King County have recently adopted moratoria on detention-related facility development in order to study and develop appropriate permanent regulations governing such uses; and 25 of 375 ORDINANCE NO. ________ 2 WHEREAS, the City’s current land use regulations and zoning code do not specifically address or regulate facilities dedicated to the detention, transportation, or feeding of persons detained by law enforcement agencies, creating uncertainty about the permitting and land use approval process for such facilities; and WHEREAS, the establishment or expansion of detention-related facilities within the City could have significant impacts on the City’s land use, transportation, public safety, community character, and the health and welfare of its residents; and WHEREAS, the City Council has determined that a moratorium is necessary to maintain the status quo while the City studies the potential impacts of detention-related facilities and develops appropriate regulatory standards to address such uses; and WHEREAS, the City Council finds that the absence of regulations governing the contemplated detention-related facilities constitutes a circumstance requiring immediate action to protect the public health, safety, and welfare of the City’s residents, and that the usual legislative procedures would result in an unreasonable delay during which applications for such unregulated uses could vest, undermining the City’s ability to adopt appropriate permanent regulations; and WHEREAS, this moratorium is adopted as a reasonable exercise of the City’s police power and land use authority to preserve the status quo and allow for orderly planning consistent with the Growth Management Act and applicable state law; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: 26 of 375 ORDINANCE NO. ________ 3 SECTION I. Moratorium Established. A moratorium is hereby established on the acceptance or processing of any application, permit, license, or approval for the change of use, establishment, location, construction, expansion, operation, or development of facilities for the detention, transportation, or food services for people detained by local, state, or federal law enforcement within the City of Renton. This moratorium shall apply to all applications and permits, including but not limited to building permits, land use permits, conditional use permits, business licenses, site plan approvals, and any other regulatory approvals necessary for such uses. SECTION II. Scope. For purposes of this ordinance, “facilities for the detention, transportation, or food services for people detained by local, state, or federal law enforcement” includes, but is not limited to, correctional institutions, detention centers, immigration detention facilities, processing centers, holding facilities, staging areas for the transportation of detained persons, and any commercial kitchen, commissary, or food preparation facility whose primary purpose is to provide meals or food services for detained persons. This moratorium does not apply to existing lawfully established uses or to any complete application that vested under regulations in effect prior to the effective date of this ordinance. SECTION III. Duration. This moratorium shall be effective for a period of six (6) months from the effective date of this ordinance, unless repealed, extended, or modified by the City Council. Pursuant to RCW 35A.63.220, this moratorium may be renewed for one or more additional six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal. 27 of 375 ORDINANCE NO. ________ 4 SECTION IV. Work Plan. During the moratorium period, City staff shall review the City’s current land use regulations, zoning code, and comprehensive plan to evaluate whether amendments or new regulations are needed to appropriately address facilities for the detention, transportation, or food services for detained persons. City staff shall prepare findings and recommendations for the City Council’s consideration prior to the expiration of this moratorium. SECTION V. Public Hearing. Pursuant to RCW 35A.63.220, the City Council shall hold a public hearing on this moratorium within sixty (60) days of its adoption. The City Council shall adopt findings of fact justifying this moratorium at or immediately after the public hearing. Notice of the public hearing shall be provided as required by law. SECTION VI. Severability. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION VII. Declaration of Emergency and Effective Date. The City Council hereby declares that an emergency exists necessitating that this ordinance take effect immediately upon passage by a majority plus one of the whole membership of the City Council, and that this ordinance is necessary for the immediate preservation of the public peace, health, safety, and welfare of the City of Renton. This ordinance shall be in full force and effect immediately upon its passage and approval. The City Clerk is directed to publish a summary 28 of 375 ORDINANCE NO. ________ 5 of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this day of , 2026. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2026. ______________________________ Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD-CED:26ORD010:03.04.2026 29 of 375 1 SUBJECT/TITLE:Real Property Acquisition from 1892 TB, LLC, for King County Parcel Nos. 3023059096, 3023059098, 3023059099 and 3023059091 RECOMMENDED ACTION: Council Concur DEPARTMENT: Community & Economic Development STAFF CONTACT: Amanda Free, Economic Development Director EXT.: 7369 The total acquisition costs for the 1892 TB, LLC properties are estimated at $9,550,000. The purchase price of the property will not exceed $9,500,000. Previous transaction costs occurred, which included environmental review and title work with the original proposed acquisition. Additional transaction costs will include closing costs for the acquisition. The proposed acquisition parcels, King County Parcel Nos. 3023059096, 3023059098, 3023059099, and 3023059091, will provide opportunities for a Parks Maintenance Shop and future uses of the vacant land located on East Valley Road. The existing improvements include an office building, a shop building, paved parking and drive, security fences, and outside storage locations, which will be repurposed for the relocation of a Parks Maintenance Shop. In June 2025, Council approved a Purchase and Sale Agreement for Stacey Holdings LLC. During the purchase process, Stacey Holdings LLC was unable to fulfill the terms of the Purchase and Sale Agreement, and the City terminated the agreement. Council approved purchase of the property under threat of eminent domain in December 2025. In January, Stacey Holdings LLC’s property was foreclosed against and was subsequently acquired by 1892 TB, LLC. The City and 1892 TB, LLC have been in negotiations and have agreed to a Purchase and Sale Agreement for the properties. Staff recommends approval to authorize the Mayor and City Clerk to sign a Purchase and Sale Agreement for King County Parcels 3023059096, 3023059098, 3023059099, and 3023059091, and all other documents needed to effectuate the purchase. The purchase price will not exceed $9,500,000, with the total acquisition costs to include additional other associated closing costs. City Council Regular Meeting FISCAL IMPACT SUMMARY: SUMMARY OF ACTION STAFF RECOMMENDATION 30 of 375 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (this “Agreement”), dated as of [_________________], 2026 (“Effective Date”), is made by and between 1892 TB, LLC, a Washington limited liability company (“Seller”) and City of Renton, a municipal corporation (“Buyer”). RECITALS: A. On or about January 9, 2026, 1892 Capital Partners, LLC ("1892CP") acquired title to the Real Property (defined herein) pursuant to a Trustee's Deed recorded in King County under King County Recording No. 20260116000672, as part of a foreclosure action by 1892CP, in conjunction with a loan made on or around October 19, 2023 by 1892CP to Stacey Holdings LLC ("Stacey Holdings"), which loan was secured by a deed of trust encumbering the Real Property. B. After taking title to the Real Property, 1892CP transferred the Real Property to Seller (which is an affiliated entity with the same beneficial ownership of 1892CP) on or about January 23, 2026 pursuant to a Bargain and Sale Deed recorded in King County under King County Recording No. 20260127000025. C. On or about December 8, 2025, the Buyer adopted City of Renton Ordinance No. 6178 ("Ordinance"), pursuant to which, among other things, Buyer stated its intention to acquire the Property (defined below), and if necessary exercise its power of eminent domain to do so. The Ordinance was originally delivered to Stacey Holdings. On or about February 27, 2026, Buyer formally delivered notice of the Ordinance to Seller, which notice again stated that Buyer intended to acquire the Property, and if necessary exercise its power of eminent domain to do so. A copy of this February 27, 2026 notice is attached hereto as Exhibit D. D. Accordingly, in lieu of a condemnation action, Seller has agreed to sell, and Buyer has agreed to purchase, the Property in accordance with and upon the terms set forth in this Agreement. For the avoidance of doubt, Seller is entering into this Agreement solely as a result of Buyer’s threatened exercise of eminent domain. In consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt, sufficiency and delivery of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. AGREEMENT TO PURCHASE AND SELL. Seller hereby agrees to sell, and Buyer hereby agrees to purchase, subject to the terms and conditions of this Agreement, all of Seller’s right, title and interest in and to the following real, personal and intangible property (collectively, the “Property”): 1.1. Real Property. Fee simple title in and to the land commonly known as 2940, 2960, 2980, and 2990 East Valley Road, Renton, Washington (King County tax parcel numbers 3023059096, 3023059098, 3023059099 and 3023059091), as depicted on Exhibit A-1 and legally described on Exhibit A-2, together with all easements, rights, privileges and benefits appurtenant thereto and any land lying in the bed of any street, road, avenue, open or proposed, public or private, in front of or adjoining the said land or any portion thereof (collectively, the “Land”), and the buildings and other improvements thereon (collectively, the “Improvements”). The Land and the Improvements are collectively referred to as the “Real Property.” 31 of 375 1.2. Intangible Property. All intangible property (the “Intangible Property”), if any, owned by Seller and pertaining to the Land, or the Improvements, including, without limitation, all freely transferable (without the consent of any third parties) permits, licenses, warranties, utility contracts, plans and specifications, engineering plans and studies, floor plans, landscape plans, logos, designs, trade names, trademarks, servicemarks, copyrights and other intellectual property. 1.3. Appurtenant Rights. Any and all of Seller's freely assignable (without the consent of any third parties) right, title and interest in and to all rights of way, easements, licenses, privileges, reversions, tenements, hereditaments and all other appurtenances, including, without limitation, all minerals, oil, gas and other hydrocarbon substances on and under the Land as well as all development rights, air rights, water rights, in any way belonging or pertaining to the Land and the Improvements (collectively, the “Appurtenant Rights”). 2. PURCHASE PRICE AND PAYMENT. 2.1. Purchase Price. The purchase price for the Property (the “Purchase Price”) shall be the sum of Nine Million Five Hundred Thousand and No/100 Dollars ($9,500,000.00). Subject to the terms and conditions of this Agreement, the Purchase Price shall be paid as provided below. 2.2. Deposit. 2.2.1. Deposit. Within five (5) business days after the Effective Date, Buyer shall deliver a deposit in the form of cash in the amount of One Hundred Thousand and No/100 Dollars ($100,000.00) (together with any interest earned thereon, the “Deposit”) to Fidelity National Title, Attn: Aubry Ludberg (“Escrow Agent”). The Deposit shall be held and disbursed in accordance with this Agreement. 2.3. Payment. On the Closing Date, Buyer shall deposit or cause to be deposited with the Escrow Agent sums sufficient to pay the Purchase Price and all other amounts necessary to satisfy Buyer’s obligations with respect to closing the transactions contemplated herein. Subject to the terms of this Agreement, on the Closing Date, Buyer shall cause the Purchase Price to be paid to Seller as follows: 2.3.1. Delivery of Deposit. Buyer shall cause the Escrow Agent to pay to Seller the Deposit held by the Escrow Agent by federal wire transfer in immediately available funds to such bank account(s) as Seller may designate, and such amount shall be credited against the Purchase Price. 2.3.2. Payment of Balance. Buyer shall timely fund to the Escrow Agent the remaining balance of the Purchase Price after application of the provisions of Section 2.3.1, as adjusted for the prorations and credits set forth in this Agreement, and shall cause the Escrow Agent to transfer to Seller such amount by federal wire transfer in immediately available funds to such bank account(s) as Seller may designate. 2.4. Closing. Payment of the Purchase Price and the closing hereunder (the “Closing”) will take place pursuant to an escrow closing, conducted by the Escrow Agent, on that date which is fifteen (15) days following expiration of the Inspection Period (as defined below), or such other date as determined by the parties (the “Closing Date”). On or prior to the Closing Date, and in accordance with Sections 8.1 and 8.2, the parties shall deposit in escrow with the Escrow Agent all documents, instruments and Closing funds required to be delivered by such party in order to consummate Closing pursuant to this Agreement. 3. INSPECTION PERIOD. 32 of 375 3.1. Inspection Period. During the period (the “Inspection Period”) that commences on the Effective Date and ends at 11:59 P.M. Pacific Standard Time on that day which is ten (10) days following the Effective Date, Buyer, its agents, employees and contractors, shall be entitled, subject to the rights of tenants and occupants under any leases and applicable law, to enter upon the Real Property, after not less than two (2) business days’ prior notice to Seller, to perform inspections and tests of the Real Property, including, without limitation, surveys, environmental studies (including Phase I and II environmental testing), examination and tests of all structural and mechanical systems within the Improvements and studies of all other matters that Buyer wishes to consider at Buyer’s sole cost and expense. All inspections shall occur at reasonable times agreed upon by Seller and Buyer. Seller shall reasonably cooperate with Buyer in its due diligence and shall be entitled to have a representative present during any entry onto the Real Property by Buyer or its agents to conduct any inspections or tests. In connection with the right to enter upon the Real Property set forth in this Section 3, Buyer agrees (i) to comply with all applicable laws, (ii) not to interfere with the operation of the Real Property, and (iii) to restore the Real Property to its prior condition after the performance of any such inspection. 3.2. Approval Notice. Unless Buyer notifies Seller in writing of its approval (such notice, the "Approval Notice") on or before 11:59 P.M. Pacific Standard Time on the last day of the Inspection Period, then this Agreement shall automatically terminate, in which event (a) the Deposit shall be returned to Buyer and (b) except as expressly provided for in this Agreement, neither Seller nor Buyer shall have any further liability or obligation to the other under this Agreement. If Buyer does deliver its Approval Notice, the Deposit shall become immediately nonrefundable (except in the event of a Seller default) and the parties shall proceed with Closing in accordance with this Agreement. At any time during the Inspection Period, Buyer may also affirmatively terminate the Agreement by written notice. 3.3. Title and Survey. Buyer shall have the right to order (a) a title commitment relative to the Real Property (the “Title Commitment”) for a title policy from Escrow Agent (in its capacity as title insurer, the “Title Company”) and (b) an ALTA/ACSM survey of the Real Property (the “Survey”). 3.3.1. Title and Survey Objections. Buyer shall have the right to object to any exceptions to the Title Commitment or matters shown on the Survey by giving written notice to Seller no later than three (3) following receipt of the last of the Title Commitment and Survey, if any, stating the matters to which Buyer objects and the reasons therefor. If Buyer timely objects to any matter affecting title or the Survey, then Seller shall, within five (5) business days after receipt of such written notice, notify Buyer in writing of its election to Cure (as defined below) or not Cure Buyer’s objections and, if Seller elects to Cure, Seller shall use reasonable efforts to Cure the same. Seller’s failure to timely notify Buyer as set forth above shall be deemed an election not to Cure. If Seller elects not to Cure any such objections, Buyer’s sole recourse shall be to exercise its right to terminate this Agreement during the Inspection Period as provided in Section 3.2 of this Agreement. In the event Buyer does not terminate this Agreement during the Inspection Period, such objections shall become Permitted Exceptions hereunder. 3.3.2. New Title Matter. After the expiration of the Inspection Period, Buyer shall have the right to object to any new title matters (i) that were not caused, requested by, or consented to by Buyer, and (ii) that first appear in the land records of King County, Washington, after Buyer’s receipt of the Title Commitment (a “New Title Matter”), by giving written notice to Seller no later than the date which is two (2) business days after Buyer obtains knowledge of such New Title Matter. Within two (2) business days after Seller’s receipt of Buyer’s objection to any New Title Matter, Seller shall notify Buyer in writing of its election to Cure or not Cure Buyer’s objections, and, if Seller elects not to Cure then Buyer will have the same options as set forth above (i.e., to terminate this Agreement or to waive its objections and proceed to Closing, in which case such New Title Matters shall become Permitted Exceptions hereunder). If Seller receives a timely objection to a New Title Matter less than two (2) business days prior to Closing, then the Closing Date may be extended, at Seller’s option, to allow Seller 33 of 375 a full two (2) business days to notify Buyer of Seller’s election whether or not to Cure. If Seller elects to Cure, then the Closing Date will be extended as provided in Section 3.4.4 to allow Seller the opportunity to effect such cure. 3.3.3. Cure. For purposes of this Section 3, the term “Cure” shall mean, at Seller’s election (i) the removal of such matter of record, (ii) the provision of information to the Title Company sufficient to remove such matter as a title exception in the Title Commitment, or (iii) the provision of a bond sufficient to cause the Title Company to remove such matter from the Title Commitment. 3.3.4. Seller’s Opportunity to Cure. If Seller elects to Cure any title or survey objection, Seller shall have a reasonable period of time, not to exceed sixty (60) days, to do so and the Closing Date shall be extended, if necessary, to the date such items are Cured. If such objections are not Cured within the foregoing time period, then Buyer may either: (a) terminate this Agreement, in which event (i) the Deposit shall be returned to Buyer, and (ii) except as expressly provided for in this Agreement, neither Seller nor Buyer shall have any further liability or obligation to the other under this Agreement, or (b) proceed to Closing under this Agreement and take title to the Property subject to such uncured objections without any reduction in the Purchase Price, in which case such uncured objections shall become Permitted Exceptions. 3.3.5. Mandatory Cure Items. All deeds of trust, mortgages, and other monetary liens and all mechanic’s and materialmen’s liens filed encumbering the Property (but excluding all liens caused by acts of Buyer or its agents, employees, contractors or representatives) are deemed to be objections that Seller shall be obligated to Cure at or prior to Closing. 4. REPRESENTATIONS AND WARRANTIES OF SELLER. 4.1. Representations and Warranties. Seller represents and warrants to Buyer that the following are true and correct in all material respects as of the date hereof: 4.1.1. Authority. Seller is a limited liability company validly existing under the laws of the State of Washington, and Seller has all requisite limited liability company power and authority to enter into this Agreement and all documents now or hereafter to be executed and delivered by Seller pursuant to this Agreement and to perform its obligations under this Agreement and under such documents. Seller shall have obtained by the Closing any consents necessary for it to enter into and perform this Agreement. 4.1.2. No Violation. The execution, delivery and performance by Seller of this Agreement will not result in a violation by Seller of its obligations under any of the following that are binding on Seller: (a) any judgment or order entered by any court or governmental body, (b) any governmental statute, ordinance, code, rule or regulation, or (c) any contract or agreement or indenture. 4.1.3. Leases. There are no leases or rights of occupancy with respect to the Property. 4.1.4. FIRPTA. Seller is not a “foreign person” as defined in Section 1445(f)(3) of the Internal Revenue Code. 4.1.5. Bankruptcy. Seller has not (a) commenced a voluntary case with respect to it or its assets, or to Seller’s knowledge had entered against it a petition, for relief under any federal bankruptcy act or any similar petition, order or decree under any federal or state law or statute relative to bankruptcy, insolvency or other relief for debtors, (b) caused, suffered or consented to the appointment of a receiver, trustee, administrator, conservator, liquidator, or similar official in any federal, state, or foreign 34 of 375 judicial or non-judicial proceeding, to hold, administer and/or liquidate all or substantially all of its assets, or (c) made a general assignment for the benefit of creditors. 4.1.6. OFAC. Neither Seller nor, to Seller's current actual knowledge, any of its respective partners, members, shareholders or other equity owners, if any, is a person or entity with whom U.S. persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of the Treasury (including those named on OFAC's Specially Designated and Blocked Persons List) or under any statute, executive order (including the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism). 4.2. Survival. Seller’s representations and warranties set forth in this Agreement shall survive the Closing for a period (the “Survival Period”) of nine (9) months and any action brought on Seller’s representations and warranties shall be commenced within said Survival Period or shall be forever barred and waived. Seller represents, warrants, and covenants to maintain its existence and a minimum tangible net worth to cover any claims that may arise during the Survival Period (and thereafter until the final resolution of any claims of which Buyer provides written notice to Seller within the Survival Period), which obligation shall survive Closing. 5. COVENANTS. 5.1. Maintenance of Real Property. From and after the date of this Agreement through the Closing, the Real Property will be operated and managed by or on behalf of Seller in a manner substantially consistent with the way the Real Property is presently being operated and managed. 5.2. Leases. During the pendency of this Agreement, Seller shall not execute any new lease or occupancy agreement affecting the Real Property. 5.3. Contracts. During the pendency of this Agreement, Seller shall not: (a) execute any new contract or service agreement affecting the Real Property, or any part thereof which will be binding on Buyer; or (b) materially amend or modify any existing contract or service agreement (“Existing Contract”), if any, if such amendment or modification will be binding on Buyer following Closing, other than to terminate such Existing Contract on or before Closing. Seller will terminate all Existing Contracts prior to the Closing Date. 5.4. Negative Covenants. From the Effective Date until the Closing Date, Seller shall not take any of the following actions without the prior express written consent of Buyer, which consent shall not be unreasonably withheld, conditioned or delayed: (a) make or permit to be made any material alterations to or upon the Real Property or any part of the Real Property; (b) grant any liens or encumbrances upon the Property that will not be discharged upon the Closing; or (c) remove or permit the removal from the Real Property of any fixtures, mechanical equipment, or any other item included in the Real Property. 5.5. Personal Property. Prior to Closing, Seller shall remove all personal property, and vehicles, if any, on the Property. 6. REPRESENTATIONS AND WARRANTIES OF BUYER. 6.1. Representations and Warranties. Buyer represents and warrants to Seller as follows as of the date hereof: 35 of 375 6.2. Authority. Buyer is a municipal corporation and Buyer has all requisite power and authority to enter into this Agreement and all documents now or hereafter to be executed and delivered by Buyer pursuant to this Agreement and to perform its obligations under this Agreement and under such documents. Buyer has obtained any consents necessary for it to enter into this Agreement. 6.3. No Violation. The execution, delivery and performance by Buyer of this Agreement will not result in a violation by Buyer of (a) any judgment or order entered by any court or governmental body, (b) any governmental statute, ordinance, code, rule or regulation, or (c) any contract or agreement or indenture. 6.4. Bankruptcy. Buyer has not (a) commenced a voluntary case with respect to it or its assets, or had entered against it a petition, for relief under any federal bankruptcy act or any similar petition, order or decree under any federal or state law or statute relative to bankruptcy, insolvency or other relief for debtors, (b) caused, suffered or consented to the appointment of a receiver, trustee, administrator, conservator, liquidator, or similar official in any federal, state, or foreign judicial or non- judicial proceeding, to hold, administer and/or liquidate all or substantially all of its assets, or (c) made a general assignment for the benefit of creditors. 6.5. Power of Eminent Domain. Buyer: (i) has provided written notice to Seller of its intention to exercise its power of eminent domain prior to this transaction; (ii) has the present ability and authority to use its power of eminent domain against the Property; and (ii) has specific statutory authority authorizing its power of eminent domain for the Property under the conditions set forth in the Ordinance. 7. CONDITIONS TO CLOSING. 7.1. Buyer’s Conditions. Buyer’s obligation to consummate Closing pursuant to this Agreement is conditioned upon the satisfaction (or waiver by Buyer) of the following conditions on and as of the Closing Date: 7.1.1. Full Performance. Seller shall have performed and satisfied its obligations under this Agreement in all material respects. 7.1.2. Representations and Warranties. The representations and warranties of Seller shall be true and correct in all material respects as of the Closing. 7.1.3. Owner’s Policy. The Title Company’s issuance to Buyer of an owner’s title insurance policy consistent with the provisions of Section 3.3. 7.1.4. Condemnation; Casualty. No portion of the Property shall have been taken or damaged by any public or quasi-public body, and Seller shall not have transferred any portion of the Property to any such body in lieu of condemnation. For the avoidance of doubt, Buyer and Seller acknowledge that Buyer has threatened to exercise its power of eminent domain and the condition set forth in this Section 7.1.4 is not intended to apply to the threatened taking by Buyer. 7.2. Seller’s Conditions. Seller’s obligation to consummate Closing pursuant to this Agreement is conditioned upon the satisfaction (or waiver by Seller) of the following conditions on and as of the Closing Date: 7.2.1. Buyer shall have performed and satisfied its obligations under this Agreement in all material respects. 36 of 375 7.2.2. The representations and warranties of Buyer shall be true and correct in all material respects as of the Closing. 7.3. Failure of Condition. In the event that any condition set forth in Sections 7.1 or 7.2 is not satisfied or waived by Buyer or Seller, as the case may be, on or as of the Closing Date, and the other party is not otherwise in default hereunder, the sole right of Buyer and Seller, as applicable, shall be to either (a) terminate this Agreement by delivering written notice of such termination to the other party on or prior to the Closing Date, in which event the Deposit shall be returned to Buyer and the parties shall have no further obligations or liabilities to the other hereunder, except as expressly provided for in this Agreement, or (b) waive the satisfaction of such condition or conditions and proceed to Closing in accordance with and subject to the terms of this Agreement; provided, however, that the foregoing shall not relieve either party of any liability to the other for the breach of any representation or warranty set forth in this Agreement if such party has no knowledge of such breach and elects to proceed to Closing. 8. CLOSING DELIVERIES. 8.1. Seller’s Closing Deliveries. At Closing, Seller shall deliver, or cause to be delivered, into escrow with the Escrow Agent the following with respect to the Property: 8.1.1. Deed. A Bargain and Sale Deed (the “Deed”) for the Real Property substantially in the form attached hereto as Exhibit B conveying to Buyer title to the Real Property, free from all liens, encumbrances, easements, conditions and other matters affecting title except the Permitted Exceptions. 8.1.2. Assignment of Intangible Property. With respect to Intangible Property, execute the Assignment of Intangible Property substantially in the form attached hereto as Exhibit C (“Assignment of Intangible Property”). 8.1.3. FIRPTA. Execute and deliver an affidavit certifying that Seller is not a “foreign person” as defined in the Federal Foreign Investment in Real Property Tax Act of 1980, and the 1984 Reform Tax Act, as amended. 8.1.4. REETA. A Real Estate Excise Tax Affidavit (“REETA”) together with any transfer documents or certificates required by any applicable governing body or law to complete this transaction, which REETA shall claim that the transaction herein described is not subject to real estate excise tax pursuant to WAC 458-61A-206. 8.1.5. Closing Statement. A closing and proration statement agreed to by the parties which reflects all adjustments to the Purchase Price contemplated by this Agreement (the “Closing Statement”). 8.1.6. Authorization; Owner’s Affidavit. In connection with the issuance of such Seller’s title policy, Seller agrees to provide to the Title Company such evidence of authority and authorizations of Seller as Title Company may reasonably require, as well as such affidavits or indemnities as may be reasonably necessary for issuance of the Seller’s title policy with extended coverage and to remove therefrom the standard pre-printed exception for mechanics liens. 8.1.7. Other Documents. All other documents reasonably required to effectuate this Agreement and the transaction contemplated by this Agreement. 8.2. Buyer’s Closing Deliveries. At Closing, Buyer shall deliver, or cause to be delivered, into escrow with the Escrow Agent the following with respect to the Property: 37 of 375 8.2.1. Purchase Price. The Purchase Price, adjusted in accordance with the provisions of Section 9 hereof. 8.2.2. REETA. A counterpart original of the REETA (claiming the above-stated exemption to real estate excise tax, pursuant to WAC 458-61A-206). 8.2.3. Closing Statement. A counterpart of the Closing Statement. 8.2.4. Other Documents. All other documents reasonably required to effectuate this Agreement and the transaction contemplated by this Agreement. 8.3. Possession. On the Closing Date, Seller shall deliver to Buyer possession of the Property free and clear of monetary encumbrances, any leases or rights of possession in favor of third parties. 9. APPORTIONMENTS; EXPENSES. 9.1. Apportionments. The following matters shall be apportioned and adjusted between Seller and Buyer as of the Closing Date. 9.1.1. Taxes. Applicable real estate and personal property taxes for the Property shall be apportioned as of the Closing Date (i.e., with Seller being responsible for all such amounts payable with respect to the period up to but not including the Closing Date and with Buyer being responsible for all such amounts payable with respect to the period from and after the Closing Date). The term “real estate taxes” shall include any installments of special or similar assessments, assessments relating to a local improvement district or leasehold excise tax. Water and sewer charges, including any such charges that may be the subject of a municipal lien, whether or not due, shall be prorated. 9.1.2. Utilities. All electricity, water, gas, sewage and other utilities applicable to the Real Property shall be prorated between Seller and Buyer as of the Closing Date based on estimates of the amounts that will be due and payable on the next payment date, unless final readings or invoices therefor as of the Closing Date shall have been obtained, in which case such final readings shall be utilized as the basis for adjustment. Any and all deposits, if any, held by utility companies or with other providers of services to the Real Property shall remain the property of Seller and be returned to Seller by such companies and providers except to the extent that Buyer elects to pay to Seller the amount of any such deposits and accruals, if any, thereon. 9.1.3. Calculations; Survival. Except as otherwise set forth herein, all items to be apportioned and adjusted pursuant to this Section 9.1 shall be prorated as of 11:59 p.m. of the day immediately preceding the Closing Date. All items of income and expense which accrue for the period prior to the Closing will be for the account of Seller and all items of income and expense which accrue for the period on and after the Closing will be for the account of Buyer. All such prorations shall be made on the basis of the actual number of days of the month which shall have elapsed as of the day of the Closing and based upon the actual number of days in the month and a three hundred sixty-five (365) day year. The amount of such apportionments and adjustments shall be initially performed at Closing but shall be subject to adjustment in cash after the Closing as and when complete and accurate information becomes available, if such information is not available at the Closing; provided, however, that Seller and Buyer agree that there shall be no further adjustments under this Section 9.1.3 9.1.3after the date that is four (4) months after the Closing Date. Any payment required in connection with any adjustments hereunder shall be made within ten (10) days after such adjustments. The provisions of this Section 9 shall survive the Closing. 38 of 375 9.2. Expenses. 9.2.1. Seller’s Expenses. Seller shall pay (a) all real estate excise tax, if any, incident to the transfer of the Real Property (provided that the parties believe that a real estate excise tax exemption is available); (b) the base premium for Buyer’s owner’s title insurance policy (exclusive of endorsements), (c) expenses incurred by Seller in connection with the transaction contemplated by this Agreement, and (d) one half of the fees charged by Escrow Agent. 9.2.2. Buyer’s Expenses. Buyer shall pay: (a) all recording fees in connection with recording the Deed, (b) all premiums related to Buyer’s extended coverage title insurance policy, (c) expenses incurred by Buyer in connection with the transaction contemplated by this Agreement and (d) one half of the fees charged by Escrow Agent. 10. DEFAULT AND REMEDIES. 10.1. Seller’s Remedies. If Buyer defaults in its obligation to close under this Agreement, Seller shall be entitled to receive the entire Deposit as agreed liquidated damages (and not as a penalty) and as Seller’s sole remedy, in lieu of, and as full compensation for, all other rights or claims of Seller against Buyer by reason of such default. Upon such payment to Seller of the Deposit, this Agreement shall terminate and, except as expressly provided for in this Agreement, neither Seller nor Buyer shall have any further liability or obligation under this Agreement. Buyer and Seller acknowledge that the damages to Seller resulting from Buyer’s breach would be difficult, if not impossible, to ascertain with any accuracy, and that the liquidated damage amount set forth in this Section 10.1 represents both parties’ reasonable efforts to approximate such potential damages. 10.2. Buyer’s Remedies. If Seller defaults in its obligation to close under this Agreement, Buyer’s sole remedy therefor shall be to either (a) bring an action for specific performance of Seller’s obligation under this Agreement to deliver the documents required under Section 8.1 above, provided that any action for specific performance must be initiated no later than thirty (30) days after the date that Closing is otherwise required to occur under this Agreement; or (b) terminate this Agreement and receive the entire Deposit and reimbursement from Seller for Buyer’s out-of-pocket expenses incurred in connection with this Agreement and Buyer’s due diligence activities contemplated in this Agreement in which event neither Seller nor Buyer shall have any further liability or obligation under this Agreement except as expressly provided for in this Agreement. In the event that Buyer elects to seek specific performance under this Section 10.2, Seller shall not be obligated to expend any money to change the condition of the Property or the state of title of the Property. 10.3. Remedies Exclusive. By the express agreement of Buyer and Seller, the remedies set forth in this Section 10.3 constitute the sole remedies at law or in equity available to Buyer and Seller, as the case may be, on account of the other party’s breach of its obligations to close under this Agreement, provided, however, to the extent any terms or provisions of this Agreement are specifically intended to survive the Closing and delivery of the Deed or the termination of this Agreement, Buyer shall have all remedies with respect thereto as may be available at law or in equity. In no event, however, shall either party to this Agreement be liable for any consequential, special, indirect or punitive damages. 11. FURTHER ASSURANCES. After the Closing, Seller and Buyer agree to perform such other acts, and to execute, acknowledge and deliver, such other instruments, documents and other materials as the other may reasonably request (at no cost or liability to the performing party) and as shall be necessary in order to effect the consummation of the transactions contemplated by this Agreement or to provide further 39 of 375 assurances of any transfer, conveyance or assignment made pursuant to this Agreement. The provisions of this Section 11 shall survive the Closing for a period of one year. 12. NOTICES. Except as may be otherwise provided in this Agreement, all notices, demands, requests or other communications required or permitted to be given under this Agreement must be delivered to the following addresses (a) personally, by hand delivery; (b) by Federal Express or a similar internationally recognized overnight courier service; or (c) by email. All such notices, demands, requests or other communications shall be deemed to have been given for all purposes of this Agreement upon the date of receipt or refusal (or upon transmission if by email), except that whenever under this Agreement a notice is either received on a day which is not a business day or is required to be delivered on or before a specific day which is not a business day, the day of receipt or required delivery shall automatically be extended to the next business day. If to Seller: 1892 TB, LLC c/o 1892 Capital Partners, LLC 3106 Sumner Tapps Highway, Suite A Lake Tapps, Washington Attention: Charles Farnsworth Email address: charlesf@1892capital.com With a copy to: Eisenhower Carlson PLLC 909 A Street, Suite 600 Tacoma, Washington 98402 Attention: Michael Royse Email: mroyse@eisenhowerlaw.com If to Buyer: City of Renton 1055 S Grady Way Renton, Washington 98057 Attention: Gina Estep, Community and Economic Development Administrator Email address: gestep@Rentonwa.gov With a copy to: Pacifica Law Group LLP 1191 Second Avenue, Suite 2000 Seattle, Washington 98101 Attention: John De Lanoy Email: john.delanoy@pacificalawgroup.com 40 of 375 And with a copy to: City Clerk 1055 S Grady Way Renton, WA 98057 Email: cityclerk@rentonwa.gov Notice given by counsel to a party to this Agreement shall be considered notice given by such party. Any party to this Agreement or its counsel may designate a different address for itself by notice given in the manner set forth above. 13. BROKERS. Buyer and Seller each represent to the other that it has not dealt with any broker or agent in connection with this transaction. Each of Buyer and Seller hereby indemnifies and holds harmless the other from all loss, cost and expenses (including reasonable attorneys’ fees and expenses) arising out of a breach of its representation or undertaking set forth in this Section 13. The provisions of this Section 13 shall survive Closing or the termination of this Agreement. 14. MISCELLANEOUS. 14.1. Assignability. Buyer may not assign or transfer all or any portion of its rights or obligations under this Agreement to any other individual, entity or person without the prior written consent thereto by Seller. However, Buyer may, without the consent of Seller but after written notice to Seller at least ten (10) days prior to Closing, (i) direct that the deed be granted to an entity under common control with Buyer by notice to Seller or (ii) assign its rights under this Agreement to an entity under common control with Buyer. No assignment or transfer by Buyer will release Buyer of its obligations under this Agreement. 14.2. Governing Law; Parties in Interest. This Agreement shall be governed by the law of the Washington without giving effect to its conflicts of law principles and shall bind and inure to the benefit of the parties to this Agreement and their respective heirs, executors, administrators, successors, and permitted assigns. 14.3. Recording. No notice or memorandum of this Agreement shall be recorded in any public record. A violation of this prohibition shall constitute a material breach of this Agreement. 14.4. Time of the Essence. Time is of the essence of each and every provision of this Agreement. 14.5. Headings. The headings preceding the text of the sections and subsections hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. 14.6. Counterparts; Signatures. This Agreement, and any amendments hereto, may be executed simultaneously in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic signatures or signatures delivered electronically (e.g. via pdf file) shall be deemed to be the equivalent of original signatures for purposes of this Agreement and any amendments hereto. 41 of 375 14.7. Exhibits. All Exhibits which are referred to in this Agreement and which are attached to this Agreement are expressly made and constitute a part of this Agreement. 14.8. Merger. Except as otherwise specifically provided in this Agreement, the acceptance of the Deed by the recordation thereof shall be deemed to be a full and complete performance and discharge of every agreement and obligation of Seller contained in this Agreement. 14.9. Entire Agreement; Amendments. This Agreement and the Exhibits to this Agreement set forth all of the covenants, representations, warranties, agreements, conditions and undertakings between the parties to this Agreement with respect to the subject matter of this Agreement, and supersede all prior and contemporaneous agreements and understandings, inducements or conditions, express or implied, oral or written. This Agreement may not be changed orally but only by an agreement in writing, duly executed by or on behalf of the party or parties against whom enforcement of any waiver, change, modification, consent or discharge is sought. 14.10. Jury Trial Waiver. To the extent permitted under applicable law, each party hereby waives trial by jury in any action, proceeding, claim or counterclaim brought by either party in connection with any matter arising out of or in any way connected with this Agreement and the relationship of Buyer and Seller under this Agreement. This jury trial waiver provision shall survive the Closing or the termination of this Agreement. 14.11. Exclusive Jurisdiction. Any claim, counterclaim or other action arising under this Agreement shall be brought only in the state or cognizant federal courts in the Washington. This provision shall survive the Closing or the termination of this Agreement. 14.12. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties to this Agreement (and their respective successors and permitted assigns), and no other person or entity shall be deemed to be a third-party beneficiary of this Agreement. 14.13. Business Day. For purposes of this Agreement, “business day” means any day on which business is generally transacted by banks in the state of Washington. If a date or the expiration date of any period that is set out in any paragraph of this Agreement falls upon a day that is not a business day, then, in such event, the date or expiration date of such period shall be extended to the next business day. 14.14. Severability. If any one or more of the provisions hereof shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 14.15. 1031 or 1033 Exchange. Buyer and Seller hereby acknowledge that it is possible that the other party may wish to complete a deferred tax-free exchange and qualify for treatment under Section 1031 or 1033 of the Internal Revenue Code. The exchange shall not delay the Closing. The exchanging party’s rights and obligations under this Agreement may be assigned to a Qualified Intermediary (as defined in IRS Regulation 1.1031(k)-1) of such party’s choice, for the purpose of completing the exchange. Each party agrees to cooperate with the other party and the Qualified Intermediary in a manner necessary to complete the exchanging party’s exchange, provided that the other party is not responsible for any additional cost or liability as a result of cooperation with the exchanging party and the Qualified Intermediary to consummate such transaction. Buyer and Seller shall direct Escrow Agent to prepare the closing documents (including any settlement statement) in a manner that is consistent with this Section 14.15. 42 of 375 14.16. Confidentiality. Subject to public disclosure laws, Buyer and Seller shall each maintain as confidential any and all non-public material obtained about the other and, in the case of Buyer, about the Property, and shall not disclose such information to any third party, except as necessary for the performance of the parties’ obligations hereunder and the completion of the transactions described herein and except to its current and prospective members, managers, partners, owners, directors, officers, employees, agents, lenders, investors, contractors, attorneys, and consultants. This provision shall survive Closing or any termination of this Agreement. Notwithstanding anything in this Agreement to the contrary, the parties acknowledge that the Buyer is a governmental agency subject to Chapter 42.56 RCW, Washington State’s Public Records Act. Any materials Seller deems to be confidential or proprietary pursuant to this agreement must be clearly identified as such by Seller. To the extent consistent with RCW 42.56, Buyer shall maintain the confidentiality of all such information marked confidential or proprietary. If a request is made to view Seller’s confidential or proprietary information, Buyer will notify Seller of the request and give Buyer not less than ten (10) business days to allow Seller to seek a protective order or other remedy pursuant to RCW 42.56.540 that such information is exempt from public disclosure. If Seller fails to obtain a court order enjoining disclosure, Buyer will release the requested information on the date required by applicable law. The provisions of this Section shall survive any termination of this Agreement. 14.17 Seller Disclosure. Buyer waives, to the fullest extent permissible by law, the right to receive a seller disclosure statement (e.g. “Form 17”) if required by RCW 64.06 and its right to rescind this Agreement pursuant thereto. However, if Seller would otherwise be required to provide Buyer with a Form 17, and if the answer to any of the questions in the section of the Form 17 entitled “Environmental” would be “yes,” then Buyer does not waive the receipt of the “Environmental” section of the Form 17 which shall be provided by Seller. If Seller provides the Form 17 disclosure, Buyer will sign and return a copy of the same to Seller within three business days of delivery to evidence Buyer’s receipt of the Form 17. 14.18 Threat of Condemnation. By separate action, Buyer has approved the acquisition of the Property, including through use of eminent domain. In connection with the foregoing, but solely with respect to the transaction herein described, Seller represents and covenants as follows: 14.18.1 Seller waives its right to require Buyer to comply with the acquisition procedures under RCW 8.26.180; 14.18.2 Seller waives its right to notice of final action under RCW 8.25.290; 14.18.3 Seller waives its right to adjudication of the issue of public use and necessity; and 14.18.4 Seller affirms that no individual or business occupies the real property being acquired and therefore no individual or business will be displaced by the Buyer’s project (as defined by RCW Chapter 8.26). For the avoidance of doubt, the preceding waivers and affirmations set forth in this Section 14.18 are specifically limited to the transaction described in this Agreement. In the event Buyer terminates this Agreement or otherwise fails to close, Section 14.18 shall be considered null and void in all respects and none of the waivers or affirmations provided by Seller shall be considered valid or controlling in any respect, including without limitation in connection with any condemnation action or other taking by Buyer. 43 of 375 15. AS-IS. SUBJECT TO SELLER’S REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN SECTION 4.1 AND IN THE DOCUMENTS DELIVERED BY SELLER AT CLOSING (COLLECTIVELY, THE “SELLER REPRESENTATIONS”), AND ACKNOWLEDGING BUYER’S OPPORTUNITY TO INSPECT THE PROPERTY, BUYER AGREES TO PURCHASE THE PROPERTY “AS IS”, “WHERE IS”, WITH ALL FAULTS AND CONDITIONS THEREON. ANY WRITTEN OR ORAL INFORMATION, REPORTS, STATEMENTS, DOCUMENTS OR RECORDS CONCERNING THE PROPERTY (“DISCLOSURES”) PROVIDED OR MADE AVAILABLE TO BUYER OR BUYER’S REPRESENTATIVES BY SELLER OR SELLER’S REPRESENTATIVES WILL NOT BE REPRESENTATIONS OR WARRANTIES, UNLESS SPECIFICALLY SET FORTH IN THE SELLER REPRESENTATIONS. IN PURCHASING THE PROPERTY OR TAKING OTHER ACTION HEREUNDER, BUYER HAS NOT AND WILL NOT RELY ON ANY SUCH DISCLOSURES (EXCEPT TO THE EXTENT COVERED BY THE SELLER REPRESENTATIONS), BUT RATHER, BUYER WILL RELY ONLY ON BUYER’S OWN INSPECTION OF THE PROPERTY. BUYER ACKNOWLEDGES THAT THE PURCHASE PRICE REFLECTS THE FACT THAT THE PROPERTY IS BEING SOLD “AS IS,” “WHERE IS,” AND WITH ALL FAULTS. 16. SCHEDULE OF EXHIBITS. 16.1. Exhibit A-1 Depiction of the Land 16.2. Exhibit A-2 Legal Description of the Land 16.3. Exhibit B Form of Deed 16.4. Exhibit C Form of Assignment of Intangible Property 16.5. Exhibit D Buyer's Notice to Seller re: City of Renton Ordinance No. 6178 44 of 375 IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the date first above written. SELLER: 1892 TB, LLC, a Washington limited liability company By: Name: Its: ATTEST: ____________________________________ Jason A. Seth, City Clerk Approved as to Legal Form By: ____________________________ Shane Moloney, City Attorney BUYER: City of Renton, a municipal corporation By: Name: Its: [Signature Page to Purchase and Sale Agreement] 45 of 375 EXHIBIT A-1 DEPICTION OF THE LAND 46 of 375 EXHIBIT A-2 LEGAL DESCRIPTION OF THE LAND Real property in the County of King, State of Washington, described as follows: PARCEL A: THE NORTH 200 FEET OF THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF PRIMARY STATE HIGHWAY NO. 5 AS ESTABLISHED BY DEED RECORDED UNDER RECORDING NO. 5346369; EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NO. 1079782. PARCEL B: THE SOUTH 230 FEET OF THE NORTH 430 FEET OF THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF PRIMARY STATE HIGHWAY NO. 5 AS ESTABLISHED BY DEED RECORDED UNDER RECORDING NO. 5346369; EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NO. 1079782. PARCEL C: THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF PRIMARY STATE HIGHWAY NO. 5 AS ESTABLISHED BY DEED RECORDED UNDER RECORDING NO. 5346369; EXCEPT THE WEST 30 FEET THEREOF CONVEYED TO THE STATE OF WASHINGTON FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NO. 1079782; AND EXCEPT THE NORTH 430 FEET THEREOF; AND EXCEPT THE EAST 167 FEET OF THE WEST 197 FEET OF THE SOUTH 108 FEET OF SAID NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION. PARCEL D: THE EAST 167 FEET OF THE WEST 197 FEET OF THE SOUTH 108 FEET OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. 47 of 375 EXHIBIT B FORM OF DEED RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: BARGAIN AND SALE DEED Reference numbers of related documents: N/A GRANTOR: GRANTEE: ABBREVIATED LEGAL: Situate in the County of _________, State of Washington. ASSESSOR'S TAX PARCEL NO(S): ____________, a __________ (“Grantor”), for and in consideration of Ten Dollars ($10.00) (and in consideration of a transfer of real property to a governmental entity under an imminent threat of the exercise of eminent domain pursuant to WAC 458-61A-206), in hand paid, bargains, sells and conveys to __________, a ____________ (“Grantee”), the real estate described on Exhibit A attached hereto situated in ______ County, State of Washington, The real property described on Exhibit A attached hereto, subject to the permitted exceptions described on Exhibit B attached hereto, together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining. Grantor hereby expressly limits the covenants of this Deed to those stated in RCW 64.04.040. 48 of 375 [Signature page to Bargain and Sale Deed.] DATED this _____ day of ________, 2026. GRANTOR: 1892 TB, LLC, a Washington limited liability company By: Name: Title: STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me _____, the ______, of 1892 TB, LLC, a Washington limited liability company, who executed the within and foregoing instrument on behalf of said company, and acknowledged the said instrument to be the free and voluntary act and deed of said individuals, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN under my hand and official seal this ____ day of __________, 2026. ________________________________________ (Print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at _____________________ My commission expires _____________________ 49 of 375 EXHIBIT A TO BARGAIN AND SALE DEED Legal Description 50 of 375 EXHIBIT B TO BARGAIN AND SALE DEED PERMITTED EXCEPTIONS 51 of 375 EXHIBIT C FORM OF ASSIGNMENT OF INTANGIBLE PROPERTY THIS ASSIGNMENT OF INTANGIBLE PROPERTY (“Assignment”) is entered into this ___ day of ____, 2026, by and between ______________, a ___________ limited liability company (“Assignor”) and the City of ________ (“Assignee”). W I T N E S S E T H: 1. Definitions. (a) Property. The “Property” means the real property located at [___________], together with the building, structures and other improvements located thereon. (b) Intangible Property. The term “Intangible Property” shall have the meaning ascribed thereto in that certain Purchase and Sale Agreement dated as of _______, 2026 (“Agreement”) by and between Assignor, as Seller, and Aegis Assignee, as Buyer, concerning the Property, and legally described on Exhibit A attached hereto. 2. Assignment. For good and valuable consideration received by Assignor, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby grants, transfers and assigns to Assignee the entire right, title and interest of Assignor in and to the Intangible Property, but only to the extent transferable without third party consent or any cost or liability to Assignor. 3. Assumption. Assignee hereby assumes the entire right, title and interest of Assignor in and to the Intangible Property as of the date of this Assignment. 4. Attorneys’ Fees. If either Assignee or Assignor, or their respective successors or assigns, file suit to enforce the obligations of the other party under this Assignment, the substantially prevailing party shall be entitled to recover the reasonable fees and expenses of its attorneys. 5. Successors and Assigns. This Assignment shall be binding upon and inure to the benefit of Assignor and Assignee and their respective successors and assigns. 6. Counterparts. This Assignment may be signed in any number of counterparts each of which shall be deemed to be an original and all of which taken together shall constitute one and the same instrument. [Signature Page Follows] 52 of 375 IN WITNESS WHEREOF, Assignor and Assignee have executed and delivered this Assignment the day and year first above written. ASSIGNOR: By: Name: Title: ASSIGNEE: By: Name: Title: 53 of 375 EXHIBIT A TO ASSIGNMENT OF INTANGIBLE PROPERTY LEGAL DESCRIPTION OF PROPERT 54 of 375 EXHIBIT D BUYER'S NOTICE TO SELLER RE: CITY OF RENTON ORDINANCE NO. 6178 See attached. 55 of 375 1 SUBJECT/TITLE:Resolution Authorizing the Allocation of Funds to Finance Affordable Housing in South King County in Accordance with the 2025 South King Housing and Homelessness Partners (SKHHP) Housing Capital Fund Recommendation RECOMMENDED ACTION: Refer to Planning & Development Committee DEPARTMENT: Community & Economic Development STAFF CONTACT: Angie Mathias EXT.: 6576 No fiscal impact-$227,503 to be dispersed from invoiced SHB 1406 fund contributions to SKHHP Housing Capital Fund SKHHP was established in 2019 through an interlocal agreement (Establishing ILA) and is a unified, coordinated, and collaborative coalition funding the construction and preservation of affordable housing in South King County. SKHHP currently has 12 member jurisdictions including the cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Maple Valley, Normandy Park, Renton, SeaTac, and Tukwila, plus King County. SKHHP provides a meaningful opportunity to pool funds together with neighboring cities to collaboratively make an impact on the subregion’s affordable housing shortage. To date, SKHHP has pooled over $15 million to house our low-income neighbors or rehabilitate deteriorating multifamily buildings. In 2019, RCW 82.14.540 (SHB 1406) became law allowing jurisdictions to enact a local sales and use tax for the purpose of supporting affordable housing. In 2021, eight of the nine SKHHP member cities entered into a second interlocal agreement for purposes of pooling sales tax receipts authorized by RCW 82.14.540 with SKHHP to create the Housing Capital Fund (Pooling ILA – SHB 1406). In 2023, two of the four SKHHP member cities who are able to collect RCW 82.14.530 (HB 1590) revenues desired to pool a portion of those funds with SKHHP for the 2023 funding round of the Housing Capital Fund to add to existing SHB 1406 pooled revenue and entered into an additional interlocal agreement (Pooling ILA – HB 1590). In 2024, an additional member city entered into the Pooling ILA – HB 1590. The Establishing ILA and Pooling ILAs established the SKHHP Housing Capital Fund, set parameters for the process for the selection of awards involving pooled funds, and determined City Council Regular Meeting FISCAL IMPACT SUMMARY: SUMMARY OF ACTION 56 of 375 2 the approval process. Pursuant to the ILAs, the SKHHP Executive Board recommends allocations for funding affordable housing projects to the participating City Councils. Even though the Council has already contributed funds 57 of 375 2 to the 2025 Housing Capital Fund funding round, Council approval is needed to authorize the allocation of funds to specific projects. The SKHHP Executive Board adopts annual funding guidelines and priorities for each funding round. The SKHHP Advisory Board subsequently reviewed applications and provided funding recommendations based on adopted priorities to the SKHHP Executive Board. The SKHHP Executive Board concurred with the SKHHP Advisory Board’s recommendations and recommends funding three projects totaling $3,942,850 as described in the 2025 SKHHP Housing Capital Fund Recommendation memo dated January 8, 2026 (attached). The SKHHP Executive Board requests approval to use $227,503 of the total $223,465 contributed funds from 2025; $1,343 of the carry-over from 2024; and $2,772 of the 2024 SKHHP allocated interest earnings from the City of Renton. Adopt Resolution _____ to authorize the allocation of $227,503 from the City of Renton’s contribution to the SKHHP Housing Capital Fund to finance affordable housing in South King County communities in concurrence with the SKHHP Executive Board’s recommendation. STAFF RECOMMENDATION 58 of 375 DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: March 9, 2026 TO: Ruth Perez, Council President Members of Renton City Council VIA: Armondo Pavone, Mayor FROM: Gina Estep, CED Administrator (x3615) STAFF CONTACT: Angie Mathias, Long Range Planning Manager (x6576) SUBJECT: Resolution Authorizing the Allocation of Funds to Finance Affordable Housing in South King County in Accordance with the 2025 South King Housing and Homelessness Partners (SKHHP) Housing Capital Fund Recommendation Issue Should Council adopt a Resolution approving the allocation of $227,503 from the South King Housing and Homelessness Partners (SKHHP) Housing Capital Fund for the development of affordable housing? Summary/Background SKHHP was established in 2019 through an interlocal agreement (Establishing ILA) and is a unified, coordinated, and collaborative coalition funding the construction and preservation of affordable housing in South King County. SKHHP currently has 12 member jurisdictions including the cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Maple Valley, Normandy Park, Renton, SeaTac, and Tukwila, plus King County. SKHHP provides a meaningful opportunity to pool funds together with neighboring cities to collaboratively make an impact on the subregion’s affordable housing shortage. To date, SKHHP has 59 of 375 pooled over $15 million to house our low-income neighbors or rehabilitate deteriorating multifamily buildings. In 2019, RCW 82.14.540 (SHB 1406) became law allowing jurisdictions to enact a local sales and use tax for the purpose of supporting affordable housing. In 2021, eight of the nine SKHHP member cities entered into a second interlocal agreement for purposes of pooling sales tax receipts authorized by RCW 82.14.540 with SKHHP to create the Housing Capital Fund (Pooling ILA – SHB 1406). In 2023, two of the four SKHHP member cities who are able to collect RCW 82.14.530 (HB 1590) revenues desired to pool a portion of those funds with SKHHP for the 2023 funding round of the Housing Capital Fund to add to existing SHB 1406 pooled revenue and entered into an additional interlocal agreement (Pooling ILA – HB 1590). In 2024, an additional member city entered into the Pooling ILA – HB 1590. The Establishing ILA and Pooling ILAs established the SKHHP Housing Capital Fund, set parameters for the process for the selection of awards involving pooled funds, and determined the approval process. Pursuant to the ILAs, the SKHHP Executive Board recommends allocations for funding affordable housing projects to the participating City Councils. Even though the Council has already contributed funds to the 2025 Housing Capital Fund funding round, Council approval is needed to authorize the allocation of funds to specific projects. The SKHHP Executive Board adopts annual funding guidelines and priorities for each funding round. The SKHHP Advisory Board subsequently reviewed applications and provided funding recommendations based on adopted priorities to the SKHHP Executive Board. The SKHHP Executive Board concurred with the SKHHP Advisory Board’s recommendations and recommends funding three projects totaling $3,942,850 as described in the 2025 SKHHP Housing Capital Fund Recommendation memo dated January 8, 2026 (attached). The SKHHP Executive Board requests approval to use $227,503 of the total $223,465 contributed funds from 2025; $1,343 of the carry-over from 2024; and $2,772 of the 2024 SKHHP allocated interest earnings from the City of Renton for the following recommended projects: 60 of 375 Project Sponsor and Project Name Location # of Units Total Development Cost 2025 SKHHP Contribution 2025 City Contribution African Community Housing & Development – African Diaspora Cultural Anchor Village SeaTac 129 $114,853,431 $1,200,000 $0 St. Stephen Housing Association – Steele House Renton 6 $3,816,135 $1,820,850 $0 Mental Health Housing Foundation – Steel Lake Federal Way 20 $11,828,066 $922,000 $227,503 As outlined in the attached memo, sales and use tax receipts from your jurisdiction have already been contributed to SKHHP’s 2025 Housing Capital Fund, and with this Council approval, $227,503 of those funds may be allocated to the projects recommended by the SKHHP Executive Board. Detailed descriptions of the projects, funding requests, rationale, and recommended conditions of funding for projects by the SKHHP Executive Board are included in the attached memo. If not approved, SKHHP will not have Renton’s funds to contribute to the regional efforts to advance affordable housing projects that meet urgent local needs and priorities. Recommendation: Adopt Resolution _____ to authorize the allocation of $227,503 from the City of Renton’s contribution to the SKHHP Housing Capital Fund to finance affordable housing in South King County communities in concurrence with the SKHHP Executive Board’s recommendation. 61 of 375 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE DULY-APPOINTED ADMINISTERING AGENCY FOR THE SOUTH KING HOUSING AND HOMELESSNESS PARTNERS (“SKHHP”) TO EXECUTE ALL DOCUMENTS NECESSARY TO ENTER INTO AGREEMENTS FOR THE FUNDING OF AFFORDABLE HOUSING PROJECTS, AS RECOMMENDED BY THE SKHHP EXECUTIVE BOARD, UTILIZING FUNDS CONTRIBUTED BY THE CITY TO THE SKHHP HOUSING CAPITAL FUND. WHEREAS, on May 24, 2019, the City of Renton enacted an interlocal agreement to form the South King Housing and Homelessness Partners (SKHHP) to help coordinate the efforts of South King County cities to provide affordable housing; and WHEREAS, on July 16, 2021, the City of Renton enacted an interlocal agreement for the purposes of pooling sales tax receipts with SKHHP to administer funds through the SKHHP Housing Capital Fund; and WHEREAS, the SKHHP Executive Board has recommended that the City of Renton participate in the funding of certain affordable housing projects and programs hereinafter described; and WHEREAS, the SKHHP Executive Board has developed recommended conditions to ensure that the City’s affordable housing funds are used for their intended purpose and that projects maintain their affordability over time; and WHEREAS, pursuant to the SKHHP formation Interlocal Agreement, each legislative body participating in funding a project or program through SKHHP’s Housing Capital Fund must authorize the application of a specific amount of the City funds contributed to the SKHHP Housing Capital Fund to a specific project or program; and 62 of 375 RESOLUTION NO. __________ 2 WHEREAS, the City Council desires to use $227,503 from funds contributed to the SKHHP Housing Capital Fund as designated below to finance the projects recommended by the SKHHP Executive Board; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. Pursuant to the Interlocal Agreement, the City Council authorizes the duly-appointed administering agency of SKHHP to execute all documents and take all necessary actions to enter into agreements on behalf of the City to fund the construction of Mental Health Housing Foundations’ Steel Lake and to use $227,503 from the City’s SHB 1406 contribution and a portion of the interest earned on those contributions as described below. SECTION II. The agreements entered into pursuant to Section 1 of this Resolution shall include terms and conditions to ensure that the City’s funds are used for their intended purpose and that the projects maintain affordability over time. In determining what conditions should be included in the agreements, the duly-appointed administering agency Jurisdiction 3. Mental Health Housing Foundation – Steel Lake Total Contributed in 2025 Carry-Over from 2024 2024 Interest Unallocated Auburn $ 137,138 $ 134,352 $ 807 $ 2,026 $ 47 Burien $ 65,453 $ 64,134 $ 382 $ 959 $ 22 Des Moines $ 31,264 $ 30,667 $ 199 $ 409 $ 11 Federal Way $ 121,813 $ 119,350 $ 770 $ 1,735 $ 42 Kent $ 211,663 $ 185,561 $ 1,150 $ 25,024 $ 72 Normandy Park $ 5,636 $ 5,554 $ 32 $ 52 $ 2 Renton $ 227,503 $ 223,465 $ 1,343 $ 2,772 $ 77 Tukwila $ 121,530 $ 120,642 $ 459 $ 470 $ 41 Total $ 922,000 $ 883,725 $ 5,142 $ 33,447 $ 314 63 of 375 RESOLUTION NO. __________ 3 of SKHHP shall be guided by the recommendations set forth in the SKHHP Executive Board’s Memorandum dated January 8, 2026, a copy of which is attached, and incorporated herein by this reference, as Exhibit A. SECTION III. This Resolution will take effect and be in full force on passage and signatures. PASSED BY THE CITY COUNCIL this day of , 2026. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2026. ______________________________ Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney RES-CED:26RES002:02.10.2026 64 of 375 EXHIBIT A 65 of 375 Page 1 of 15 Memorandum South King Housing and Homelessness Partners TO: City of Auburn City Council City of Kent City Council City of Burien City Council City of Maple Valley City Council City of Covington City Council City of Normandy Park City Council City of Des Moines City Council City of Renton City Council City of Federal Way City Council City of Tukwila City Council FROM: Claire V. Goodwin, SKHHP Executive Manager DATE: January 8, 2026 RE: 2025 SKHHP Housing Capital Fund Recommendation OVERVIEW 2025 represents the fourth annual funding round of the SKHHP Housing Capital Fund made possible by pooling resources among SKHHP member jurisdictions. Ten member cities pooled funds for the Housing Capital Fund this year and contributions totaled $3,926,340. Contributions sourced from SHB 1406 totaled $883,725 and those sourced from HB 1590 totaled $3,042,615. With the remaining unused funds from the 2024 funding round and the 2024 interest earnings from those cities pooling funds this year, SKHHP made $3,974,000 available in the 2025 funding round. SKHHP received six applications for funding representing over $11.4 million in requests to develop or preserve 262 units of housing. The SKHHP Executive Board recommends funding three projects totaling $3,942,850 (see Table 1). Of this total, the Executive Board recommends using $922,000 of the total $922,000 sourced from SHB 1406 revenue for a new construction rental project and $3,020,850 of the total $3,052,000 sourced from HB 1590 revenue for two new construction rental projects. This recommendation leaves a balance of $314 in SHB 1406 funds and $31,665 in HB 1590 funds in the Housing Capital Fund that will rollover into the next funding round in 2026 (see Tables 2 and 3). A summary of the recommended projects, funding rationale, and the conditions for funding are described in this memo. Included as an attachment are the economic summaries of the recommended projects and standard conditions for funding. Table 1: Recommended Projects and Recommended Funding Level - Scenario 1 Project sponsor and name Location # of units Project type Amount requested Recommended funding – HB 1590 Recommended funding – SHB 1406 1.African Community Housing & Development – African Diaspora Cultural Anchor Village SeaTac 129 New Construction Rental $3,500,000 $1,200,000 -- 2.St. Stephen Housing Association – Steele House Renton 6 New Construction Rental $1,820,850 $1,820,850 -- 3.Mental Health Housing Foundation – Steel Lake Federal Way 20 New Construction Rental $1,500,000 -- $922,000 TOTAL -- 155 -- -- $3,020,850 $922,000 66 of 375 Page 2 of 15 Table 2: Proposed HB 1590 Allocations by Jurisdiction for Recommended Projects Table 3: Proposed SHB 1406 Allocations by Jurisdiction for Recommended Projects BACKGROUND The SKHHP Advisory Board met on October 2, 2025 and November 6, 2025 to review each project application and develop a funding recommendation for the SKHHP Executive Board’s consideration. The SKHHP Executive Board met on October 17, 2025 and November 21, 2025 to review each project and consider the recommendations of the Advisory Board. The Advisory Board adopted its recommendation on November 6, 2025 and the Executive Board took final action on November 21, 2025. PROCESS ATTACHMENTS 1.Economic summaries of recommended projects 2.Standard conditions for funding Jurisdiction 1.ACHD-African Diaspora Cultural Anchor Village 2.St. Stephen- Steele House Total Contributed in 2025 Carry-Over from 2024 2024 Interest Unallocated Covington $ 87,693 $ 133,064 $ 220,387 $ 460 $ 2,224 $ 2,314 Kent $ 914,654 $ 1,387,873 $ 2,322,228 $ 4,434 $ - $ 24,135 Maple Valley $ 197,653 $ 299,913 $ 500,000 $ 1,075 $ 1,707 $ 5,216 Total $ 1,200,000 $ 1,820,850 $ 3,042,615 $ 5,969 $ 3,931 $ 31,665 Jurisdiction 3.Mental Health Housing Foundation – Steel Lake Total Contributed in 2025 Carry-Over from 2024 2024 Interest Unallocated Auburn $ 137,138 $ 134,352 $ 807 $ 2,026 $ 47 Burien $ 65,453 $ 64,134 $ 382 $ 959 $ 22 Des Moines $ 31,264 $ 30,667 $ 199 $ 409 $ 11 Federal Way $ 121,813 $ 119,350 $ 770 $ 1,735 $ 42 Kent $ 211,663 $ 185,561 $ 1,150 $ 25,024 $ 72 Normandy Park $ 5,636 $ 5,554 $ 32 $ 52 $ 2 Renton $ 227,503 $ 223,465 $ 1,343 $ 2,772 $ 77 Tukwila $ 121,530 $ 120,642 $ 459 $ 470 $ 41 Total $ 922,000 $ 883,725 $ 5,142 $ 33,447 $ 314 Advisory Board recommendation (November 6, 2025) Executive Board recommendation (November 21, 2025) Member Councils approve funding recommendation (January-March 2026) 67 of 375 Page 3 of 15 1. African Community Housing & Development – African Diaspora Cultural Anchor Village Funding request: $3,500,000 Executive Board recommendation: $1,200,000 (deferred loan) Address: 15005 Military Road S, SeaTac, 98188 PROJECT SUMMARY The African Diaspora Cultural Anchor Village is a 129-unit new construction 4% Low-Income Housing Tax Credit rental project with a mix of studios to four-bedrooms for households earning 30-60% AMI. 55 units will be set-aside for families with children and 13 units set-aside for households with a physical disability. The project aims to respond to community members’ desire for a central anchor for South King County’s African Diaspora immigrant and refugee community. This project is a partnership between African Community Housing & Development (ACHD) and Mercy Housing Northwest. Four parcels represent the project across 2.2 acres acquired by ACHD in 2023. The parcels are located in SeaTac, 0.4 mile north of the Tukwila International Boulevard Link light rail station, making this a prime transit-oriented development location. Existing structures include two houses and commercial structures to be demolished. The seven-story building will house residential units on levels three through seven while the first two levels will include a community center event space, retail space, and office space for ACHD. Level two will include a childcare center and classroom space for ACHD after-school programming. Additionally, there will be outdoor gardening and recreation space. Level three will have a courtyard in addition to the residential units. Below ground parking will be provided on part of Level one. PROJECT SCHEDULE Activity Date Site Control 12/1/2023 Building Permits Issued Fall 2027 Begin Construction Fall 2027 Issued Certificate of Occupancy Summer 2029 Begin Lease-Up Summer 2029 Projected First LIHTC Year Start Summer 2029 FUNDING RATIONALE The Advisory Board supports the intent of this application for the following reasons: • The City of SeaTac is a central hub for the African Diaspora immigrant and refugee community, who are facing increasing displacement pressures, and the project responds directly to those needs. • ACHD is considered a “By and For Organization” by the Department of Commerce’s Housing Division. The Department of Commerce describes By and For Organizations as the following: “By-and-For Organizations are operated by and for the communities they serve. Their primary mission and history is serving a specific community. They are culturally based, directed, and 68 of 375 Page 4 of 15 substantially controlled by individuals from the population they serve. At the core of their programs, these organizations embody the community’s central cultural values. In the affordable housing context, these communities must have demonstrated disproportionate representation in homelessness, housing instability, and housing affordability.”1 • A primary goal of the project is to support large and intergenerational families, including specific gathering spaces requested by elders. • The proposal was driven by extensive community engagement including a series of community conversations and community cafes within the South King County African Diaspora immigrant and refugee community. • The project will include early learning classrooms, workforce training, outdoor gardening and recreation space, retail space for community businesses, and community gathering space. • The project includes a large portion of 2,3, and 4-bedroom units. • The project is located near the Tukwila International Boulevard Link light rail station, providing critical transit access. • Outreach and marketing will be conducted in multiple languages. • The project strongly aligns with SKHHP Housing Capital Fund adopted priorities including collaboration with local community-based organizations, connections and direct experience with populations the project is proposing to serve, addressing the needs of populations most disproportionately impacted by housing costs, advancing economic opportunity due to its proximity to transit and other amenities, providing rental housing for households earning 0-30% AMI, geographic distribution, leverage of private and public investment, and racial equity. • The project is located in SeaTac which has not had a SKHHP funded project located in the city yet. • ACHD is a new developer but is partnering with the more experienced developer, Mercy Housing Northwest, for this project. • A partial award is recommended as another applicant’s project was a higher priority and ready to move forward with construction. PROPOSED CONDITIONS Standard conditions apply to all projects and are included as Attachment 2 at the end of this memo. 1. SKHHP will provide project funds to the Contractor in the form of a deferred loan. Loan terms will account for various factors, including loan terms from other fund sources and available cash flow. Final loan terms shall be determined prior to release of funds and must be approved by SKHHP staff. The loan will be secured by a deed of trust recorded against the development property to ensure that Contractor maintains the project’s affordability and target population. Contractor shall not be required to repay the loan so long as it maintains these project requirements. 2. Timeframe for funding commitment. The funding commitment continues for thirty-six (36) months from the date of Council approval and shall expire thereafter if all conditions are not 1 Department of Commerce’s Capacity Building, Outreach, and Support Program: https://www.commerce.wa.gov/multifamily-rental- housing/cbos-team/ and https://app.smartsheet.com/b/form/06feee2dc8644602a884beb5cb4081e2 69 of 375 Page 5 of 15 satisfied. An extension may be requested to SKHHP staff no later than sixty (60) days prior to the expiration date. At that time, the Contractor will provide a status report on progress to date and expected schedule for start of construction and project completion. The SKHHP Executive Board will consider a twelve-month extension only on the basis of documented, meaningful progress in bringing the project to readiness or completion. At a minimum, the Contractor will demonstrate that all capital funding has been secured or is likely to be secured within a reasonable period of time. 3. At least 13 of the housing units shall be set-aside for individuals with a physical disability who earn no more than 60% AMI. Use of funds and population eligibility must be in-alignment with RCW 82.14.530. Additionally, at least 55 units will be set-aside for families with children. 4. SKHHP funds shall be used solely for new construction and other development costs, unless otherwise approved by SKHHP staff. 5. A covenant is recorded ensuring affordability for at least 50 years with size and affordability distribution per the following table. Changes may be considered based on reasonable justification as approved by SKHHP. AMI Studio 1-bedroom 2-bedroom 3-bedroom 4-bedroom Total Units 30% 1 2 4 6 1 14 40% 1 5 12 13 3 34 50% 2 8 13 16 4 43 60% 1 6 14 14 2 37 Manager Units -- -- 1 -- -- 1 Total Units 5 21 44 49 10 129 70 of 375 Page 6 of 15 2. St. Stephen Housing Association – Steele House Funding request: $1,820,850 Executive Board recommendation: $1,820,850 (secured grant) Address: 3001 NE 16th St., Renton, 98056 PROJECT SUMMARY Steele House is proposed as a demolition and new construction rental project of six three-bedroom townhomes for families exiting homelessness or at risk of homelessness who earn up to 50% AMI. The property was purchased in 2016 and includes a duplex built in 1943 operating as transitional housing. The transitional housing program will end before the project begins so no relocation will be needed before demolition of the duplex. Most case management and supportive services will take place on-site, at the families’ housing unit. St. Stephen Housing and Way Back Inn merged in December 2024 and have become a single non-profit organization under the name St. Stephen Housing Association. The boards of both organizations have combined and former Way Back Inn Board Members, who have assisted in the Steele House project’s pre-development work, will remain involved to guide expansion plans. The project is located across the street from the Bezos Academy – North Highlands location, Meadow Crest Early Learning Center, and a playground. McKnight Middle School, Renton Highlands Park and Ride, multiple restaurants and retail stores along Sunset Boulevard, and a Rite Aid Pharmacy are all located within 0.5 mile radius. A grocery store is located within 0.6 mile radius. This is the second time the project sponsor has applied to the SKHHP Housing Capital Fund for the project and the City of Renton has committed $500,000 to the project since the previous application was received. PROJECT SCHEDULE Activity Date Site Control 1/21/2025 Building Permits Issued 4/15/2026 Begin Construction 4/16/2026 Begin Lease-up 3/2/2027 Issued Certificate of Occupancy 4/16/2027 FUNDING RATIONALE The Advisory Board supports the intent of this application for the following reasons: • The project will serve families experiencing homelessness or are at-risk of homelessness. • The City of Renton has committed $500,000 of HB 1590 funds directly to the project and has not had a SKHHP funded project located in the city yet. • Pending successful awards from SKHHP and the Department of Commerce this funding round, the project is ready to begin construction in April 2026. 71 of 375 Page 7 of 15 • The application was well-crafted and complete. Additionally, all underwriting benchmarks were met in the SKHHP Addendum. • The proposal has been discussed for the past eight years including at the sponsor’s annual fundraisers. • The project budgets $15,745 in operating expenses per unit per year which is a generous budget ($8,000 per unit per year is the minimum benchmark). • St. Stephen Housing Association reports that the project will focus on Black, Indigenous, and People of Color (BIPOC) families, who are disproportionately impacted by homelessness due to systemic factors, and the goal will be to have four or five of the homes serving BIPOC households. • The Sponsor has a long-standing history of working with homeless families and is well- established within the local crisis housing community. The project is built on strong partnerships and deep community connections. • Close access to schools, an early learning center, grocery stores, retail, and a pharmacy. • Program design is informed by surveys and interviews with families. • The project utilizes monthly Conversation Cafés for continuous community input. • The project strongly aligns with SKHHP Housing Capital Fund adopted priorities including connections and direct experience with populations the project is proposing to serve, addressing the needs of populations most disproportionately impacted by housing costs, advancing economic opportunity due to its proximity to transit and other amenities, environmental benefit due to its proximity to parks, providing rental housing for households earning 0-30% AMI, geographic distribution, leverage of private and public investment, and racial equity. PROPOSED CONDITIONS Standard conditions apply to all projects and are included as Attachment 2 at the end of this memo. 1. SKHHP will provide project funds to the Contractor in the form of a secured grant with no repayment. Final Contract terms shall be determined prior to release of funds and must be approved by SKHHP staff. The grant will be secured by a deed of trust recorded against the property to ensure that Contractor maintains the project’s affordability and target population. Contractor shall not be required to repay the grant so long as it maintains these project requirements. 2. Timeframe for funding commitment. The funding commitment continues for thirty-six (36) months from the date of Council approval and shall expire thereafter if all conditions are not satisfied. An extension may be requested to SKHHP staff no later than sixty (60) days prior to the expiration date. At that time, the Contractor will provide a status report on progress to date and expected schedule for start of construction and project completion. The SKHHP Executive Board will consider a twelve-month extension only on the basis of documented, meaningful progress in bringing the project to readiness or completion. At a minimum, the Contractor will demonstrate that all capital funding has been secured or is likely to be secured within a reasonable period of time. 72 of 375 Page 8 of 15 3. All 6 housing units shall be set-aside for families exiting homelessness or are at-risk of homelessness who earn no more than 50% AMI. Use of funds and population eligibility must be in-alignment with RCW 82.14.530. 4. SKHHP funds shall be used solely for new construction, including demolition, and soft costs, unless otherwise approved by SKHHP staff. 5. A covenant is recorded ensuring affordability for at least 50 years with size and affordability distribution per the following table. Changes may be considered based on reasonable justification as approved by SKHHP. AMI 3-bedroom Total Units 50% 6 6 Total Units 6 6 73 of 375 Page 9 of 15 3. Mental Health Housing Foundation – Steel Lake Funding request: $1,500,000 Executive Board recommendation: $922,000 (forgivable loan) Address: 29020 and 29026 Military Road, Federal Way, 98003 PROJECT SUMMARY Mental Health Housing Foundation’s (MHHF) Steel Lake Affordable Housing is a 20-unit rental project for individuals with severe and persistent mental illness with incomes at 30% and 50% AMI. This is the first phase of a two-phased new construction project. The second phase would add an additional ten units for a total of 30 units. The first phase will construct four two-bedroom units and sixteen one- bedroom units, including one manager unit. The project will be owned, developed, and operated by MHHF. A live-in property manager will occupy one of the one-bedroom units, and all maintenance needs will be addressed through a shared superintendent and maintenance staff. Residents live independently, receiving services from community behavioral health providers offsite. The majority of tenants in the portfolio have case managers. When issues arise with tenants that may benefit from contact with the case manager, MHHF makes contact. The new building will be a two-story walk-up with ten apartments on each level. The site will include a community gathering space, shared laundry facilities, management offices, outdoor seating areas, and parking. Two large grocery stores, drugstore and other shops and amenities are located across the street, as well as access to public transit. Laurelwood Park with open space is within 0.5 mile. MHHF acquired the parcels in December 2024. MHHF was organized and incorporated as a non-profit in 1990 to support those living with mental illness in their efforts to live independently. The founders were concerned about the lack of affordable housing for individuals with serious and persistent mental illness in King County. The organization has grown to own seven housing projects, with a total of 90 housing units, that vary from single family shared homes to small apartment buildings. PROJECT SCHEDULE Activity Date Site Control 12/23/2024 Building Permits Issued 2/1/2027 Begin Construction 3/15/2027 Begin Lease-up 1/1/2028 Issued Certificate of Occupancy 3/15/2028 FUNDING RATIONALE The Advisory Board supports the intent of this application for the following reasons: • The project directly addresses a critical regional need for housing dedicated to individuals with mental illness. 74 of 375 Page 10 of 15 • The project will provide deep affordability for households earning up to 30% and 50% AMI. • The project provides an opportunity to ensure SKHHP funds are distributed across all of South King County as Federal Way has not had a SKHHP funded project located in the city, yet. • The scale of the project is considered appropriate for the identified need. • The construction timeline is further out, which justifies the recommendation for partial funding. • The application was strong and all underwriting benchmarks were met in the SKHHP Addendum. • MHHF has longstanding relationships with multiple behavioral health agencies in King County, including Sound Behavioral Health, Navos, and Valley Cities, and will utilize those to seek referrals for residents of Steel Lake. • Sponsor secured a $31,000 pre-development grant from Enterprise Community Partners, a commitment up to $60,000 in State funded technical assistance, an Impact Capital loan to purchase the site, and $44,000 commitment from MHHF to support the project’s operating reserves to be deposited once construction is complete. • The project strongly aligns with SKHHP Housing Capital Fund adopted priorities including connections and direct experience with populations the project is proposing to serve, addressing the needs of populations most disproportionately impacted by housing costs, advancing economic opportunity due to its proximity to transit and other amenities, environmental benefit due to its proximity to a park, providing rental housing for households earning 0-30% AMI, geographic distribution, and leverage of private and public investment. PROPOSED CONDITIONS Standard conditions apply to all projects and are included as Attachment 2 at the end of this memo. 1. SKHHP will provide project funds to the Contractor in the form of a deferred, contingent, forgivable loan. Loan terms will account for various factors, including loan terms from other fund sources and available cash flow. Final loan terms shall be determined prior to release of funds and must be approved by SKHHP staff. The loan will be secured by a deed of trust recorded against the development property to ensure that Contractor maintains the project’s affordability and target population. Contractor shall not be required to repay the loan so long as it maintains these project requirements. 2. Timeframe for funding commitment. The funding commitment continues for thirty-six (36) months from the date of Council approval and shall expire thereafter if all conditions are not satisfied. An extension may be requested to SKHHP staff no later than sixty (60) days prior to the expiration date. At that time, the Contractor will provide a status report on progress to date and expected schedule for start of construction and project completion. The SKHHP Executive Board will consider a twelve-month extension only on the basis of documented, meaningful progress in bringing the project to readiness or completion. At a minimum, the Contractor will demonstrate that all capital funding has been secured or is likely to be secured within a reasonable period of time. 3. All 20 housing units in Phase 1 shall be set-aside for individuals with severe and persistent mental illness who earn no more than 50% AMI. Use of funds must be in-alignment with RCW 82.14.540. 75 of 375 Page 11 of 15 4. SKHHP funds shall be used solely for acquisition, new construction, softs costs, and other development costs unless otherwise approved by SKHHP staff. 5. A covenant is recorded ensuring affordability for at least 50 years with size and affordability distribution per the following table. Changes may be considered based on reasonable justification as approved by SKHHP. AMI 1-bedroom 2-bedroom Total Units 30% 10 2 12 50% 5 2 7 Manager Units 1 -- 1 Total Units 16 4 20 76 of 375 Page 12 of 15 ATTACHMENT 1: Economic Summaries of Recommended Projects Project: African Community Housing & Development – African Diaspora Cultural Anchor Village Proposed Funding Sources by Amounts and Status Funding source Proposed Amount Status SKHHP (2025) $3,500,000 Recommended 4% LIHTC $36,191,383 Will Apply 2027 King County (2024) $950,055 Committed King County (2025) $9,531,499 Applied Commerce HTF $12,000,000 Applied CHIP $1,000,000 Applied Perm Debt $12,929,768 Committed State Appropriation $3,880,000 Committed Amazon $9,500,000 Will Apply Deferred Fee $2,500,000 Committed Contributed Fee $2,000,000 Committed RESIDENTIAL TOTAL $93,982,705 ACHD Sponsor Loan (Non-Residential) $18,184,525 Committed 4% LIHTC (Non-Residential) $2,686,201 Will Apply 2027 TOTAL $114,853,431 Proposed Use of Funds and Total Residential Cost Per Unit Proposed use Amount Per Unit Acquisition $6,852,926 -- Construction $62,578,467 -- Soft Costs $15,097,811 -- Other Development Costs $9,453,501 -- RESIDENTIAL TOTAL $93,982,705 $728,548 Non-Residential Costs $20,870,725 -- TOTAL $114,853,430 -- 77 of 375 Page 13 of 15 Project: St. Stephens Housing Association – Steele House Proposed Funding Sources by Amounts and Status Funding source Proposed Amount Status SKHHP (2025) $1,820,850 Recommended Sponsor Seller Note $295,000 Committed City of Renton $500,000 Committed Commerce HTF $1,000,000 Committed Sponsor Operations and Service Agreements $125,285 Committed Medina Foundation Grant $75,000 Committed TOTAL $3,816,135 Proposed Use of Funds and Total Residential Cost Per Unit Proposed use Amount Per Unit Acquisition $295,000 -- Construction $2,527,168 -- Soft Costs $635,332 -- Other Development Costs $358,635 -- TOTAL $3,816,135 $636,023 Project: Mental Health Housing Foundation – Steel Lake Proposed Funding Sources by Amounts and Status Funding source Proposed Amount Status SKHHP (2025) $922,000 Recommended Commerce AHAH $6,310,155 Committed Federal Home Loan Bank $1,700,000 Committed King County $2,393,679 Committed Sponsor Pre-Development Grants $123,749 Committed CHIP $378,483 Applied TOTAL $11,828,066 Proposed Use of Funds and Total Residential Cost Per Unit Proposed use Amount Per Unit Acquisition $710,000 -- Construction $8,910,608 -- Soft Costs $1,480,283 -- Other Development Costs $727,175 -- TOTAL $11,828,066 $591,403 78 of 375 Page 14 of 15 ATTACHMENT 2: Standard Conditions for Funding 1. Contractor shall provide SKHHP with development and operating budgets based upon actual funding commitments for approval by SKHHP staff. Contractor must notify SKHHP staff immediately if it is unable to adhere to these budgets and must submit new budget(s) to SKHHP staff for approval. SKHHP staff shall not unreasonably withhold its approval of these budget(s), so long as they do not materially or adversely change the Project. This shall be a continuing obligation of the Contractor, and shall survive the transfer or assignment of the Contract. Contractor’s failure to adhere to budgets (either original or new/amended) may result in SKHHP’s withdrawal of its funding commitment. Contractor must prepare and submit final budgets to SKHHP at the time it starts project construction and at the project’s completion. 2. Contractor shall submit to SKHHP evidence of funding commitments from all proposed public and private funding sources. If Contractor cannot secure an identified commitment within an application’s time frame, Contractor shall immediately notify SKHHP staff and describe its anticipated actions and time frame for securing alternative funding. 3. Contractor shall use SKHHP provided funds toward specific project costs as included in the Contract and consistent with RCW 82.14.540 and/or 82.14.530, as applicable. Contractor may not use SKHHP funds for any other purpose unless SKHHP staff authorizes such alternate use in writing. If budget line items with unexpended balances exist after completion of the project, SKHHP and other public funders shall approve adjustments to the project capital sources (including potential reductions in public fund loan balances). 4. Contractor shall evaluate and consider maximizing sustainability features for the Project (such as an efficient building envelope and heat pumps) and shall propose a plan to maximize the Project’s sustainability. 5. Contractor shall use and document an open and competitive bidding process (consisting of at least three bids) for construction and related consultant services associated with the project, regardless of the source of funds used to pay their costs. 6. Contractor shall pay or cause to be paid RCW 39.12 prevailing wages in all projects funded by SKHHP that include construction activities, unless federal funds awarded to the project mandate use of federal prevailing wage rates. 7. If Contractor uses federal funds toward the Project, it must meet applicable federal guidelines, including but not limited to: contractor solicitation; bidding and selection; wage rates; and federal laws and regulations. 8. Contractor shall maintain documentation of any necessary land use approvals, permits, and licenses required by the jurisdiction in which the project is located. 9. Contractor shall submit to SKHHP project monitoring reports quarterly through its completion of the project, and annually thereafter. Contractor shall submit a final budget to SKHHP upon 79 of 375 Page 15 of 15 project completion. If applicable, Contractor shall submit initial tenant information as required by SKHHP. 10. Contractor is required to provide SKHHP with quarterly status reports for projects funded through SKHHP’s Housing Capital Fund during the project’s development stage (from the time funds are awarded until the project’s completion and occupancy). These quarterly reports must include at a minimum the status of funds expended and progress to date. SKHHP will rely on these quarterly reports to determine whether Contractor is making satisfactory progress on the project. 11. SKHHP may inspect the project site during the project’s construction. 12. After occupancy, the Contractor will submit annual reports to SKHHP summarizing the number of project beneficiaries, housing expenses for the target population, and the proportion of those beneficiaries that are low- and/or moderate-income and that meet other eligibility criteria established in the Contract. The Annual Report shall be submitted through the Washington State Housing Finance Commission’s Web-Based Annual Reporting System (WBARS) unless otherwise approved by SKHHP. The Annual Report shall include certifications to SKHHP that it is in compliance with the Covenant, which shall include the most current occupancy information, rent schedule (showing which Units are in each income class), a calculation justifying any increases in rents from the previous rent schedule, consistent with the Covenant and the Contract, and the actual rents being charged to each unit. SKHHP shall have the right to review rents for compliance and approve or disapprove them every year. In the event the Contractor submits annual certifications to satisfy the reporting requirements of multiple funders, Contractor will designate and report all units at the income class required by the most restrictive funder as well as the classification for purposes of the Covenant and this Contract. The Contractor shall also include with such certification any changes in the management policies for the Property and such other information covering the prior calendar year as SKHHP may request by notice at least ninety (90) days in advance of the due date, and with such accompanying documentation as SKHHP may request. The Annual Reports shall be submitted through WBARS by June 30 of each year and will be required for the full duration of the Affordability Period. SKHHP will also periodically evaluate all projects for long term sustainability. 13. For rental projects, Contractor shall maintain the project in good and habitable condition for the duration of its affordability term. 14. SKHHP shall reimburse the Contractor for satisfactory completion of the requirements specified in the Contract and upon Contractor’s submission to SKHHP of invoices and supporting documentation of eligible expenses. 15. SKHHP shall retain 5% of the funding award (“retainage”) and shall release the retainage only after construction is complete and all other obligations outlined in the contract have been satisfied. 80 of 375 1 SUBJECT/TITLE:HYPERFIBER OF WA LLC DBA RIPPLE FIBER FRANCHISE AGREEMENT RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Community & Economic Development STAFF CONTACT: Nathan Janders EXT.: 7382 N/A Hyperfiber of WA, LLC dba Ripple Fiber has requested a franchise agreement with the City of Renton in order to provide a telecommunications network. The franchise being sought with the City of Renton would allow for the installation of communication facilities, specifically fiber optic cable and related appurtenances, in, across, over, along, under, through and below certain designated public rights-of-way within the City. The use of the City rights-of-way for this private telecommunications system requires a franchise agreement with the City and is subject to appropriate fees for the reduced value of the affected rights-of-way. The franchise agreement permits Hyperfiber of WA, LLC dba Ripple Fiber to construct, install, and operate, communications equipment, specifically fiber optic cable and related appurtenances, within and through public rights-of way, public ways and other ways within the City of Renton. Authorize the Mayor and City Clerk to enter into a franchise agreement with Hyperfiber of WA, LLC dba Ripple Fiber as a purveyor of telecommunications transmission and distribution systems within the City of Renton. City Council Regular Meeting FISCAL IMPACT SUMMARY: SUMMARY OF ACTION STAFF RECOMMENDATION 81 of 375 DATE:March 16, 2026 TO:Kim-Khánh Văn, Committee Chair Members of Utilities Committee VIA:Armondo Pavone, Mayor FROM:Gina Estep, CED Administrator, x6588 STAFF CONTACT:Nathan Janders, Development Engineering Manager, x7382 SUBJECT:Hyperfiber of WA, LLC dba Ripple Fiber Franchise Agreement ISSUE: Should Council authorize the Mayor and City Clerk to enter into a franchise agreement with Hyperfiber of WA, LLC dba Ripple Fiber? RECOMMENDATION: Staff recommends that Council authorize the Mayor and City Clerk to enter into a franchise agreement with Hyperfiber of WA, LLC dba Ripple Fiber as a purveyor of telecommunications transmission and distribution systems within the City of Renton. BACKGROUND SUMMARY: Hyperfiber of WA, LLC dba Ripple Fiber has requested a franchise agreement with the City of Renton in order to provide a telecommunications network. The franchise being sought with the City of Renton would allow for the installation of communication facilities, specifically fiber optic cable and related appurtenances, in, across, over, along, under, through and below certain designated public rights-of-way within the City. The use of the City rights-of-way for this private telecommunications system requires a franchise agreement with the City and is subject to appropriate fees for the reduced value of the affected rights-of-way. The franchise agreement permits Hyperfiber of WA, LLC dba Ripple Fiber to construct, install, and operate, communications equipment, specifically fiber optic cable and related appurtenances, within and through public rights-of way, public ways and other ways within the City of Renton. The length of term agreed to by the City and Hyperfiber of WA, LLC dba Ripple Fiber for the proposed franchise agreement would be effective for a period of five (10) years. A possible 5-year renewal may be allowed for, via the franchise, at the City's discretion. 82 of 375 Kim-Khánh Văn, Committee Chair Page 2 of 3 March 16, 2026 The agreement groups similar items together Sections 1-8 cover the basic franchise approval. Sections 9-14 cover general work activities. Sections 15-24 cover basic legal concerns. Sections 25-27 provide for final franchise adoption. OUTLINE FOR HYPERFIBER OF WA, LLC DBA RIPPLE FIBER FRANCHISE AGREEMENT 1. Definition: Provides definitions of key terms used in the agreement. 2. Purpose: Explains purpose of the cooperative agreement. 3. Privileges Conveyed: Grants basic franchise rights to Hyperfiber of WA, LLC dba Ripple Fiber for a limited, non-exclusive franchise. 4. Term: Defines length of agreement, and option to extend. 5. Recovery of Costs: Allows City to charge an administrative fee to recover costs. 6. Assignment and Transfer of Franchise: Requires Council approval for transfer. 7. Compliance with Laws - Reservation of Powers and Authority: Explains legal obligations for Hyperfiber of WA, LLC dba Ripple Fiber. 8. Non-exclusive Franchise: Allows Renton to grant other or further franchises. 9. Permits, Construction and Restoration: Outlines permitting, bonds, restoration and other construction requirements. 10. Coordination and Shared Excavations: Requires reasonable efforts to coordinate work within the franchise area. 11. Hazardous Materials: Regulates use of hazardous substances. 12. Emergency Work – Extension of Time to Obtain Permit(s): Requires prompt response in an emergency and extension of time to obtain permits to correct dangerous conditions. 13. Records of Installation: Requires as-built drawings and provision of plans for potential improvements upon City request. 14. Undergrounding of Facilities: Requires undergrounding consistent with Renton Municipal Code. 15. Franchisee Relocation Work: Hyperfiber of WA, LLC dba Ripple Fiber is required to relocate its facilities at its cost when there are identified conflicts with new City streets or utilities. 16. Abandonment and Discontinuance of Franchisee's Facilities: Requires notice to the City when use ceases or facilities are abandoned. 17. Termination, Violations and Remedies: Describes termination of franchise, discontinuation of operations, obligation of Franchisee, and remedies to parties. 18. Dispute Resolution: Provides process for alleged default as to performance 19. Arbitration: Establishes process for arbitration, discovery, compensatory damages, and assignment of costs. 20. Alternative Remedies: Allows for judicial relief. 21. Amendments to Franchise: Specifies process for written amendment to franchise. 22. Indemnification: Franchisee shall indemnify, defend, and hold harmless Renton for the duration of the Franchise. 23. Insurance: Requires the Franchisee to procure and maintain insurance for the duration of the Franchise. 83 of 375 Kim-Khánh Văn, Committee Chair Page 3 of 3 March 16, 2026 24. Discrimination Prohibited: Provides standard language now included on all franchise agreements. 25. Notice: Outlines noticing procedures and contact information. 26. Miscellaneous: Minor clarifications, including stating the franchise requirements apply to Hyperfiber of WA, LLC dba Ripple Fiber, its successors and contractors. 27. Effective Date: Franchise becomes effective five days after legal publication. Hyperfiber of WA, LLC dba Ripple Fiber must file its written acceptance of this franchise with the City Clerk within 60 days after approval by the mayor in order to claim any right or benefit under this franchise agreement. cc: Martin Pastucha, Public Works Administrator Ron Straka, Utility Systems Director Justin Johnson, Development Engineering Director Nathan Janders, Development Engineering Manager Scott Warlick, Engineering Specialist III 84 of 375 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING HYPERFIBER OF WASHINGTON, LLC DBA RIPPLE FIBER AND AFFILIATES AUTHORIZED TO DO BUSINESS WITHIN THE STATE OF WASHINGTON, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AND AUTHORITY TO INSTALL COMMUNICATIONS FACILITIES, SPECIFICALLY FIBER OPTIC CABLE AND RELATED APPURTENANCES, UNDER, ALONG, OVER, BELOW, THROUGH AND ACROSS THE STREETS, AVENUES AND ALLEYS OF THE CITY OF RENTON WITHIN THE PUBLIC RIGHT-OF-WAY OF RENTON. WHEREAS, RCW 35A.11.020 grants the City broad authority to regulate the use of the public Right of Way; and WHEREAS, RCW 35A.47.040 grants the City broad authority to permit and regulate non-exclusive franchises; and WHEREAS, RMC 5-19 describes the City’s regulatory regime for franchises; and WHEREAS, the City Council finds that it is in the best interests of the health, safety and welfare of residents of the Renton community to grant a non-exclusive franchise to Hyperfiber of WA, LLC dba Ripple Fiber and affiliates for the operation of an underground fiber optic telecommunications system with the City Rights-of Way; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: 85 of 375 ORDINANCE NO. ________ 2 Table of Contents SECTION I. Definitions .............................................................................................. 3 SECTION II. Purpose ................................................................................................. 7 SECTION III. Privileges Conveyed .............................................................................. 8 SECTION IV. Term ................................................................................................... 11 SECTION V. Recovery of Costs ................................................................................ 11 SECTION VI. Assignment and Transfer of Franchise ................................................. 14 SECTION VII. Compliance with Laws - Reservation of Powers and Authority .............. 15 SECTION VIII. Non-exclusive Franchise ................................................................... 16 SECTION IX. Permits, Construction and Restoration ................................................ 17 SECTION X. Coordination and Shared Excavations................................................... 25 SECTION XI. Hazardous Materials ........................................................................... 26 SECTION XII. Emergency Work – Extension of Time to Obtain Permit(s) ..................... 28 SECTION XIII. Records of Installation ...................................................................... 31 SECTION XIV. Undergrounding of Facilities .............................................................. 34 SECTION XV. Relocation of Franchisee Facilities ..................................................... 34 SECTION XVI. Abandonment and Discontinuance of Franchisee’s Facilities ............. 40 SECTION XVII. Termination, Violations, and Remedies ............................................. 42 SECTION XVIII. Dispute Resolution ......................................................................... 45 SECTION XIX. Arbitration ........................................................................................ 48 SECTION XX. Alternative Remedies ......................................................................... 50 SECTION XXI. Amendments to Franchise ................................................................ 50 SECTION XXII. Indemnification ............................................................................... 51 SECTION XXIII. Insurance ....................................................................................... 55 SECTION XXIV. Discrimination Prohibited ............................................................... 58 SECTION XXV. Notice ............................................................................................. 58 SECTION XXVI. Miscellaneous ................................................................................ 60 SECTION XXVII. Effective Date ................................................................................ 65 86 of 375 ORDINANCE NO. ________ 3 SECTION I. Definitions For the purposes of this Franchise and Attachment 1, which is fully incorporated by reference, the following defined terms, phrases, words and their derivations shall have the meaning provided below. When not inconsistent with the context in which the word is used, words used in the present tense include the future, words in the plural include the singular, words in lower case shall have their defined meaning even if the words are not capitalized, and words in the singular include the plural. Undefined words shall be given their common and ordinary meaning. 1.1 Administrator: Means the Administrator of the City of Renton’s Community and Economic Development Department or designee, or any successor office responsible for management of Renton’s public properties. 1.2 Construct or Construction: Means to construct, remove, replace, repair, and/or restore any Facility, and may include, but are not limited to, digging, boring, and/or excavating to construct, remove, replace, repair, and restore pipeline(s) and/or Facilities. 1.3 Cost: Means any costs, fees, or expenses, including but not limited to attorneys’ fees. 1.4 Day: Means calendar day(s) unless otherwise specified. 1.5 Facility or Facilities: Means, collectively or individually, any and all telecommunication transmission and distribution systems, including but not limited to, poles, wires, lines, conduits, ducts, cables, braces, guys, anchors and vaults, switches, fixtures, and communication systems; and any and all other equipment, appliances, attachments, appurtenances and other items necessary, convenient, or in any way 87 of 375 ORDINANCE NO. ________ 4 appertaining to any and all of the foregoing, whether the same be located across, above, along, below, in, over, through, or underground. Facilities do not include any noise-creating equipment within the range of human hearing. 1.6 Franchise: Means this ordinance and any related amendments, attachments, exhibits, or appendices. 1.7 Franchise Area: Means all present and future City of Renton Rights-of-Way for public roads, alleys, avenues, highways, streets, and throughways (including the area across, above, along, below, in, over, through, or under such area), laid out, platted, dedicated, acquired or improved, and; all city-owned utility easements dedicated for the placement and location of various utilities provided such easement would permit Franchisee to fully exercise the privilege granted under this Franchise within the area covered by the easement, without interfering with any governmental functions or other franchises or easements. 1.8 Franchisee: Means Hyperfiber of Washington, LLC dba Ripple Fiber and affiliates authorized to do business within the State of Washington, and its respective successors and assigns, and agents, contractors (of any tier), employees, officers and representatives. 1.9 Hazardous Substance: Means any and all hazardous, toxic, or dangerous substance, material, waste, pollutant, or contaminant, including but not limited to all substances designated under: the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et 88 of 375 ORDINANCE NO. ________ 5 seq.; the Clean Water Act, 33 U.S.C. § 1251 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. § 136 et seq.; the Washington Hazardous Waste Management Act, RCW Chapter 70A.300, and the Washington Hazardous Waste Cleanup - Model Toxics Control Act, RCW Chapter 70A.305, as they exist or may be amended; or any other Laws. The term “Hazardous Substance” shall also be interpreted to include any substance which, after release into the environment, will or may reasonably be anticipated to cause death, disease, injury, illness, abnormalities, behavioral abnormalities, stunted or abnormal growth or development, or genetic abnormalities. 1.10 Laws: Means any federal, state, or municipal code, statute, ordinance, decree, executive order, governmental approval, permit, regulation, regulatory program, order, rule, published specification, public standard, environmental law, or governmental authority as they exist, may be amended, or created, that relate to telecommunications services or terms of this Agreement, including but not limited to 47 U.S.C. § 101, et. seq. (Telecommunications Act of 1996), RCW 19.122 (Underground Utilities), WAC 480-80 (Utilities General – Tariffs and Contracts), RCW 35.99 (Telecommunications, Cable Television Service – Use of Right-of Way), WAC Chapter 296-32 (Safety Standards for Telecommunications), RCW Chapter 80.36 (Telecommunications), WAC Chapter 480-120, et. seq., (Telephone Companies), RCW Chapter 35.96 (Electric and Communication Facilities – Conversion to Underground), and any related Laws. 1.11 Parties: Means the City of Renton and Hyperfiber of Washington, LLC dba Ripple Fiber and affiliates. 89 of 375 ORDINANCE NO. ________ 6 1.12 Public Property(ies): Means present and/or future property owned or leased by Renton within Renton’s present and/or future control and/or jurisdictional boundaries. 1.13 Public Ways: Means any highway, street, alley, sidewalk, utility easement (unless their use is otherwise restricted for other users), or other public Rights-of-Way for motor vehicles or any other uses under Renton’s control and/or in its jurisdictional boundaries, consistent with RCW 47.24.020 (City Streets as Part of State Highways: Jurisdiction, control - Exception) and 47.52.090 (Limited Access Facilities: Cooperative agreements — Urban public transportation systems — Title to highway — Traffic regulations — Underground utilities and overcrossings — Passenger transportation — Storm sewers — City street crossings). 1.14 Rights-of-Way: Means the surface and space across, above, along, below, in, over, through or under any street, alley, avenue, highway, lane, roadway, sidewalk, thoroughfare, court, easement and similar Public Property, Public Ways, and area within the Franchise Area. 1.15 Tariff: Has the meaning provided in WAC 480-80-030 (Utilities General – Tariffs and Contracts: Definitions), or such similar definition describing rate schedules, rules and regulations relating to charges and service as may be adopted by the regulatory authority with jurisdiction, under the laws of the State of Washington, over public service companies and/or competitive telecommunication service companies, and such competitive companies must file tariffs in accordance with WAC 480-120-026 (Telephone Companies: Tariffs), WAC Chapter 480-80 (Utilities General – Tariffs and Contracts). 90 of 375 ORDINANCE NO. ________ 7 1.16 WUTC: Means the Washington Utilities and Transportation Commission or such successor regulatory agency having jurisdiction over public service and/or telecommunication service companies. 1.17 Work: Means to construct, excavate, install, maintain, remove and/or repair by, for, or at Franchisee’s request. 1.18 City of Renton: The City of Renton is a noncharter code city under the laws and statutes of the State of Washington. Throughout the Franchise the term City, Renton and City of Renton are used interchangeably all meaning the same. SECTION II. Purpose 2.1 Authority: Under RCW 35A.47.040, Renton’s City Council has authority to permit and regulate nonexclusive franchises such as that contemplated under this Ordinance. This Franchise is granted subject to Renton’s land use authority, public highway authority, police powers, franchise authority, and any case law, statutory or inherent authority. 2.2 Conditions: The purpose of this Franchise is to delineate the conditions relating to Franchisee’s use of the Franchise Area and to create a foundation for the Parties to work cooperatively in the public’s best interests after this ordinance becomes effective. This Franchise is conditioned upon the terms and conditions provided in this Franchise, and Franchisee’s compliance with all Laws. 2.3 Risk and Liability: By accepting this Franchise, Franchisee assumes all risks or liabilities related to the Franchise, with no risk or liability conferred upon Renton. This Franchise is granted upon the express condition that Renton retains the absolute authority 91 of 375 ORDINANCE NO. ________ 8 to grant other or further franchises in any Rights-of-Way and any Franchise Area. This and other franchises shall, in no way, prevent or prohibit Renton from using any of its Franchise Area, or affect its jurisdiction over them or any part of them, and Renton retains absolute authority to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacations of same as Renton may see fit, including the dedication, establishment, maintenance and improvement of all new or existing Rights-of- Way, Public Property or Public Ways. SECTION III. Privileges Conveyed 3.1 Franchise Granted: Pursuant to authority under the Telecommunication Act of 1996, § 253(c), RMC Chapter 5-19 (Telecommunication Licenses and Franchises) and the laws of the State of Washington including, but not limited to, RCW 47.24.020 (City Streets as Part of State Highways: Jurisdiction, control - Exception), RCW 47.52.090 (Limited Access Facilities: Cooperative agreements — Urban public transportation systems — Title to highway — Traffic regulations — Underground utilities and overcrossings — Passenger transportation — Storm sewers — City street crossings), RCW 35A.47.040 (Highways and Streets: Franchises and permits — Streets and public ways), RCW 35.22.280 (First Class Cities: Specific powers enumerated), RCW 35.99.020 (Telecommunication, Cable Television Service – Use of Right of Way: Permits for use of right-of way), and RCW 80.36.040 (Telecommunications: Use of road, street, and railroad right-of way – When consent of city necessary), and any related laws, Renton grants to Franchisee, and its successors and assigns (subject to and as provided for in Section VI, Assignment and Transfer of Franchise), under this Franchise’s terms and conditions, the privilege to install, construct, operate, 92 of 375 ORDINANCE NO. ________ 9 maintain and improve its Facilities, together with all necessary equipment and appurtenances, for the provision of telecommunications, telecommunications distribution services, private line, and internet access services, within the existing Franchise Area, such lands being more particularly described in Attachment 1 which is attached and fully incorporated by reference into the Franchise. Without a separate franchise agreement, Franchisee shall not have the privilege to provide cable services in the City of Renton. 3.2 Limited Franchise: This Franchise conveys a limited privilege as to the Franchise Area in which Renton has an actual interest. It is not a warranty of title or interest in the Franchise Area. This privilege shall not limit Renton’s police powers, any statutory or inherent authority, jurisdiction over its property, Franchise Area, Rights-of-Way, or its zoning or land use authority. The terms and conditions of this Franchise shall not be construed to apply to Facilities located outside of the Franchise Area. This Franchise does not confer upon Franchisee any privilege to install or use any Facilities outside the Franchise Area, including City-owned or leased properties or easements. 3.3 Principal Use Limitation: This Franchise shall not authorize a principal use of the Franchise Area for purposes other than for telecommunications, telecommunications distribution services, private line, and internet access services as those services are defined in Washington state law. The Franchisee may use its Facilities’ excess capacity, however, Franchisee may not use, convey, lease or share excess space within the Franchise Area without prior written authorization from the City of Renton. In order for the City to determine whether, and under what conditions, excess capacity may be authorized, Franchisee shall 93 of 375 ORDINANCE NO. ________ 10 timely notify the City’s representative identified at subsection 25.1 of this Agreement in writing. 3.4 Franchise is Non-Exclusive: As detailed in Section VIII, below, Renton grants this non-exclusive Franchise to Franchisee to operate, maintain and improve its existing Facilities as a telephone business and/or service provider (as those terms are used in RCW 35.21.860). 3.5 Acknowledgement: Franchisee acknowledges and warrants by its acceptance of the granted privileges, that it has carefully read and fully comprehends the terms and conditions of this Franchise. Franchisee accepts all risks of the meaning of the provisions, terms and conditions of the Franchise. Franchisee further acknowledges and states that it has fully studied and considered the requirements and provisions of this Franchise and believes that the same are consistent with all Laws. If in the future Franchisee becomes aware that a provision of this Franchise may be unlawful or invalid, it will not use such potential invalidity to unilaterally ignore or avoid such provision. Instead, Franchisee will promptly advise Renton of the potential invalidity or illegality, and the Parties will meet within thirty (30) days and endeavor jointly to amend this Franchise to cure the alleged invalidity or illegality. 3.6 Enforceable Contract: Franchisee specifically agrees to comply with the provisions of any applicable Laws, as they exist or may be amended. The express terms and conditions of the Franchise constitute a valid and enforceable contract between the Parties, subject to any Laws. 94 of 375 ORDINANCE NO. ________ 11 3.7 Existing Facilities Outside Franchise Area: Franchisee Facilities as they may exist at the Effective Date of this Franchise and were installed and/or maintained on public grounds or places in Renton under other Agreement(s) with the City may continue to be maintained, repaired, and operated through the term of this Franchise subject to the terms of this agreement; provided, however, that no such Facilities may be enlarged, improved or expanded without Renton’s prior review, written consent, and approval pursuant to the provisions of any applicable Laws. SECTION IV. Term 4.1 Length of Term: a. Effective Date: Each of the provisions of this Franchise shall become effective upon the later of Franchisee’s acceptance of the terms and conditions of this Franchise and the City Council’s passage of this ordinance, and b. Length of Term: Shall remain in effect for ten (10) years, unless it is terminated pursuant to Section XVII, Termination, Violations, and Remedies. c. Option for Renewal: At any time not more than two (2) years nor less than one hundred and eighty (180) days before the expiration of the Franchise Term, Franchisee may make a written request and Renton may consider, at its sole discretion, renewing this Franchise for an additional five (5) year renewal period. 4.2 Extension upon Expiration: If the Parties fail to formally renew or terminate the Franchise prior to the expiration of its term or any extension, the Franchise shall be extended on a year-to-year basis until the Franchise is renewed, terminated or extended. SECTION V. Recovery of Costs 95 of 375 ORDINANCE NO. ________ 12 5.1 Administrative Fee: Pursuant to RCW 35.21.860(1)(b), Renton may charge Franchisee an administrative fee to recover all actual administrative expenses incurred by Renton that are directly related to receiving and approving a permit, license and this Franchise, to inspect Plans and construction, or for the preparation of a detailed statement pursuant to the Washington State Environmental Policy Act (“SEPA”) (RCW Chapter 43.21C). Where Renton incurs actual administrative expenses, including but not limited to fees, expenses, and/ or costs for attorneys, consultants, staff and the City Attorney Department, for review or inspection of activities undertaken through the authority granted in this franchise, Franchisee shall pay such expenses directly to Renton. Renton shall provide Franchisee with an itemized invoice identifying the administrative expenses incurred. Renton employee time shall be calculated based on their rate of salary, including applicable overtime, benefits and reasonable overhead, and all other costs will be billed based on an actual cost basis. Payment shall be due within forty-five (45) days of receipt of the invoice. 5.2 Utility Tax: Pursuant to RCW 35.21.870 (Electricity, telephone, natural gas, or steam energy business — Tax limited to six percent — Exception) and RCW 35.21.860(1)(a), Renton may impose a utility tax on Franchisee consistent with the utility tax imposed on other similarly situated telephone businesses or service providers. 5.3 Franchise Fee: Pursuant to RCW 35.21.860 (Electricity, telephone, or natural gas business, service provider — Franchise fees prohibited — Exceptions), Renton may only impose a franchise fee or any other Cost of whatever nature or description upon Franchisee as is consistent with federal law. 96 of 375 ORDINANCE NO. ________ 13 5.4 Cost of Publication: Franchisee shall bear the entire Cost of publication of this ordinance. 5.5 Permit Fee: Franchisee shall be subject to all permit fees, as defined in the City Fee Schedule or in this Franchise, associated with activities undertaken through the authority granted in this Franchise or under Laws. 5.6 Emergency Fee: Franchisee shall promptly reimburse Renton for any and all costs the City reasonably incurs in response to any emergency situation involving Franchisee’s Facilities, to the extent said emergency is not the fault of the City. The City agrees to simultaneously seek reimbursement from any Franchisee or permit holder who caused or contributed to the emergency situation. Renton’s “response to emergency” for the purposes of this Franchise is defined in subsections 9.5 and 12.1 through 12.3. 5.7 City Costs to be Reimbursed: City will provide documentation of reasonably incurred costs, itemized by project, for Franchisee’s proportionate share of all actual, identified expenses incurred by Renton in planning, constructing, installing, repairing, altering, or maintaining any City facility as the result of the presence of Franchisee’s Facilities in the Right-of-Way. Such costs and expenses shall include but not be limited to: a. Franchisee’s proportionate cost of City personnel assigned to oversee or engage in any work in the Rights-of-Way as the result of the presence of Franchisee’s Facilities in the Rights-of-Way. b. Franchisee’s proportionate share of any City of Renton time spent reviewing construction plans in order to either accomplish the relocation of Franchisee’s 97 of 375 ORDINANCE NO. ________ 14 Facilities or the routing or rerouting of any utilities so as not to interfere with Franchisee’s Facilities. c. The time of City employees shall be charged at their respective rate of salary, including overtime if applicable, plus benefits and reasonable overhead. Any other costs will be billed proportionately on an actual cost basis. 5.8 Reimbursement period: Franchisee shall reimburse Renton within forty-five (45) days of Renton’s submittal of an itemized billing. 5.9 All billings will be itemized so as to specifically identify the costs and expenses for each project for which the City claims reimbursement. A charge for the actual costs incurred in preparing the billing may also be included in said billing. At the City’s option, the billing may be on an annual basis, but the City shall provide the Franchisee with the City’s itemization of costs, in writing, at the conclusion of each project for informational purposes. SECTION VI. Assignment and Transfer of Franchise 6.1 Assignment: Franchisee may not assign, dispose of, lease, sell, transfer, or permit to be forfeited this Franchise, either in whole or in part, without the advance written consent of the City Council of Renton by passage of an ordinance or resolution; such consent shall not be unreasonably withheld. Such consent shall not be deemed to waive any of Renton’s rights to subsequently enforce Franchise related non-compliance issues that existed at or before Renton’s consent. a. Any telecommunications assignee or transferee shall, at least thirty (30) days prior to the date of any assignment or transfer, file written notice of the assignment 98 of 375 ORDINANCE NO. ________ 15 or transfer with Renton, together with its written acceptance of all of the Franchise terms and conditions. b. The Franchise terms and conditions shall be binding upon the Parties’ respective assigns and successors. c. Notwithstanding the foregoing, Franchisee may pledge the Franchise for security purposes only with the City Council’s consent, and consent shall be required for Franchisee to transfer the Franchise or Facilities to a creditor. d. The rights of any transferee are subject at all times to the terms and conditions of this Franchise, and no transferee will have any greater rights under this Franchise than the rights of Franchisee. 6.2 Acceptance: If Renton consents, within thirty (30) days of that consent Franchisee shall file with Renton a written instrument evidencing such sale, assignment or transfer of ownership, with the assignee(s) or transferee(s) acceptance of the Franchise and all of its terms and conditions. SECTION VII. Compliance with Laws - Reservation of Powers and Authority 7.1 Compliance: In every aspect related to this Franchise, including but not limited to all Work, Franchisee shall comply with all applicable Laws, whether specifically mentioned in this Franchise or not. 7.2 Incorporation of RMC 5-19, Telecommunications Licenses and Franchises: The conditions, provisions, requirements and terms and of RMC Chapter 5-19 are fully incorporated by reference into this Franchise. If a discrepancy arises between this Franchise and RMC Chapter 5-19 or any other law, then the most restrictive measure shall apply. 99 of 375 ORDINANCE NO. ________ 16 7.3 Legitimate Municipal Interest: As to matters subject to the terms and conditions of this Franchise, if Renton determines during the Franchise term that the assertion of a legitimate municipal interest is prohibited by application of federal or state law, then as to such matter and such municipal interest and consistent with its legal obligations, Franchisee shall cooperate with Renton in a good faith effort to address such municipal interest. In this context, neither Party shall invoke this Franchise as a basis to assert that its consideration of a given issue is excused by operation of the doctrines of estoppel or waiver. 7.4 Reference to Specific Law or Order: Upon a reasonably justified written inquiry by Renton, Franchisee shall provide a specific reference to the federal, state, or local law or the WUTC order or action establishing a basis for Franchisee’s actions related to a specific Franchise issue. SECTION VIII. Non-exclusive Franchise 8.1 Non-exclusive: As provided in subsection 3.4, this Franchise is non-exclusive, and as a result, Renton expressly reserves the right to grant other or further franchises or to use the Franchise Area itself; provided that such uses do not unreasonably interfere with Franchisee’s use and placement of its Facilities in any Rights-of-Way and/or any Franchise Area. 8.2 Renton’s Use of Franchise Area: This Franchise shall not prevent, prohibit, limit or affect Renton’s use of the Franchise Area, consistent with this Franchise; or Renton’s jurisdiction over the Franchise Area. The Parties agree that Renton reserves and retains all 100 of 375 ORDINANCE NO. ________ 17 of its statutory, inherent and other powers and franchise authority, as they exist or shall exist. SECTION IX. Permits, Construction and Restoration 9.1 Free Passage of Traffic: Franchisee shall at all times maintain its Facilities within the Franchise Area so as not to unreasonably interfere with the free passage of traffic, pedestrians or the use and enjoyment of adjoining property. 9.2 Permit Application Required: Exception to timing in the event of an emergency defined in Section XII Permits shall vest in accordance with RMC 4-1-045. a. Franchisee shall first obtain (be issued) all required documentation and approvals, including permits from Renton to perform Work on Franchisee’s Facilities within the Franchise Area. i. The permit application shall contain detailed plans, maps and specifications showing the position, depth and location of the Franchisee’s proposed new and/or existing Facilities in relation to existing public and private utilities within a minimum horizontal distance of ten (10) feet from the proposed new Facilities, collectively referred to as the “Plans.” ii. The permit application shall include payment of the associated fees. iii. The Plans shall specify the class and type of material and equipment to be used, manner of excavation, construction, installation, backfill, erection of temporary structures and facilities, erection of permanent structures and facilities, horizontal and vertical separation from public utilities, applicable 101 of 375 ORDINANCE NO. ________ 18 easements, site specific traffic control signed by a traffic control specialist, traffic turnouts and road obstructions, and all other necessary information. iv. Permits shall not be unreasonably withheld or delayed after submission of a complete application. v. Franchisee may engage subcontractors or other entities submit a permit application on behalf of the Franchisee. For each subcontractor or other entity Franchisee elects to submit on their behalf, the Franchisee must submit to the City a Letter of Authorization in a format that is acceptable to the City. b. Work shall only commence upon the issuance of required permits. Franchisee shall schedule an inspection any time that Franchisee is performing Work within the Franchise Area to allow Renton to inspect such work. Inspections shall be scheduled as identified on the issued permit. c. Nothing in this Agreement is intended, nor should be construed, to guarantee any permit is issued. d. Franchisee shall submit to Renton as-built plans and, digital facility location data in a format compatible with Renton’s geographic information system. 9.3 Work Performed – Safety: During any period of relocation, construction or maintenance, all work performed by Franchisee or its contractors of any tier shall be accomplished in a safe and workmanlike manner, so to minimize interference with the free passage of traffic and the free use of adjoining property, whether public or private. Franchisee shall at all times post and maintain proper barricades, flags, flaggers, lights, flares and other traffic control measures as required for the safety of all members of the 102 of 375 ORDINANCE NO. ________ 19 general public and comply with all applicable safety regulations during such period of construction as required by the ordinances of the City or the laws of the State of Washington, including RCW 39.04.180 for the construction of trench safety systems. The provision of this section 9.3 shall survive the expiration or termination of this Franchise to the extent that Franchisee continues to have Facilities in the Rights-of-Way. 9.4 Work Performed – Licensing and Compliance with Franchise Agreement: Franchisee’s contractors of any tier shall be licensed and bonded in accordance with State law and the City’s ordinances, regulations, and requirements. Work by contractors of any tier are subject to the same restrictions, limitations, and conditions as if the work were performed by Franchisee. Franchisee shall be responsible for all work performed by its contractors of any tier and others performing work on its behalf as if the work were performed by Franchisee and shall ensure that all such work is performed in compliance with the Franchise and applicable law. 9.5 Underground Installation: Boring Preferred. Work involving underground installation of Franchisee’s facilities within City streets shall be accomplished through boring rather than open trenching whenever reasonably feasible. Prior to boring, Franchisee shall “pothole” all existing City utilities, private utilities and other pressurized systems to ensure vertical separation requirements are met. When directed by the City, Franchisee shall CCTV Renton-owned sewer and storm drain lines and privately owned sewer and storm drain lines connected to the City system within the Right-of-Way or utility easement, on the boring route following completion of the boring work and prior to activating the facility being constructed to verify that these Renton-owned lines were not damaged by the boring work. 103 of 375 ORDINANCE NO. ________ 20 Upon request from Franchisee, Renton may allow for other methods to meet the requirement as may be approved by Renton as part of permitting. 9.6 Work Performed – Repair of Damage. Any utility, public or private, that is damaged by the Franchisee shall be repaired by the Franchisee at no cost to Renton or the private utility owner. 9.7 Facility Placement: The City reserves the right to limit or exclude Franchisee’s access to a specific route, Right-of-Way or other location when, in the judgment of the Administrator or designee, there is inadequate space (including but not limited to compliance with ADA clearance requirements and maintaining a clear and safe passage through the Rights-of-Way), a pavement cutting moratorium, unnecessary damage to public property, public expense, inconvenience, interference with City utilities, inability to achieve utility separation (unless otherwise approved on a case-by-case basis), or as otherwise reasonably determined by the Administrator or designee. The decision of the Administrator for Facility Placement is final and not subject to administrative appeal. 9.8 Lateral Support – Duty to Not Impair: Whenever Work on Facilities have caused or contributed to a condition that in the City of Renton’s sole determination will or has substantially impair the lateral support of the Franchise Area, Renton may direct Franchisee, at Franchisee’s sole expense, to take such actions as are reasonably necessary within the Franchise Area to repair and/or not impair the lateral support. If Franchisee fails or refuses to take prompt action, or if an emergency situation requires immediate action, Renton may enter the Franchise Area and take any action necessary to protect the public, any Public Way, Public Property, and Rights-of-Way, and Franchisee shall be liable to 104 of 375 ORDINANCE NO. ________ 21 Renton for all costs, fees, and expenses resulting from that necessary action in accordance with sections 5.7, 5.8, and 5.9. This provision shall survive the expiration, revocation or termination of this Franchise for a period of five (5) years. 9.9 Limits on Construction: No park, public square, golf course, street Rights-of- Way or public place of like nature shall be bored, trenched, excavated or damaged by Franchisee if there is a substantially equivalent alternative. The determination of there being a substantially equivalent alternative shall be at the sole determination of Renton. 9.10 Bond Requirement: Before undertaking any of the Work authorized by this Franchise, as a condition precedent to the Renton’s issuance of any permits, Franchisee shall, upon the Renton’s request, furnish a bond executed by Franchisee and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by Renton as sufficient to ensure performance of Franchisee’s obligations under this Franchise. Franchisee shall post a performance bond in the amount of one hundred thousand dollars ($100,000) that shall remain in effect for the term of this Franchise. The bond shall be conditioned so that Franchisee shall observe all the covenants, terms, and conditions and shall faithfully perform all of the obligations of this Franchise, and to repair or replace any defective Work or materials discovered in the Franchise Area. The bond shall ensure the faithful performance of Franchisee’s obligations under the Franchise, including, but not limited to, Franchisee’s payment of any penalties, claims, liens, or fees due Renton that arise by reason of the operation, construction, or maintenance of the Facilities within the Franchise Area. Franchisee shall pay all premiums or other costs associated with maintaining the bond. Additionally, if Renton determines that 105 of 375 ORDINANCE NO. ________ 22 the performance bond is inadequate to ensure Franchisee’s performance of a project, Franchisee shall post any additional bonds required to guarantee performance by Franchisee in accordance with the conditions of any permits and/or the requirements of this Franchise. In lieu of a separate bond for routine individual projects involving work in the Franchise Area, Franchisee may satisfy Renton’s bond requirements by posting a single on- going performance bond in an amount approved by Renton. 9.11 Workmanship: All Work done by Franchisee or at Franchisee’s direction or on its behalf, including all Work performed by contractors of any tier, shall be considered Franchisee’s Work and shall be undertaken and completed in a workmanlike manner and in accordance with the descriptions, plans and specifications Franchisee provided to Renton, and be warranted for at least two (2) years. Franchisee’s activities (including work done at Franchisee’s direction or on its behalf) shall not damage or interfere with other franchises, licenses, public or private utilities, or other structures, or the Franchise Area, and shall not unreasonably interfere with public travel, park uses, other municipal uses, adjoining property, and shall not endanger the safety of or injure persons and property. Franchisee’s Work shall comply with all applicable Laws. 9.12 Material and Installation Methods: As a condition of receiving the privilege to Work within the Franchise Area, Franchisee shall assume full responsibility for using materials and installation methods that are in full compliance with City standards and shall verify this by the submittal of documentation of materials and testing reports when requested by Renton. All costs for performing on-site testing, such as compaction tests, shall be borne by Franchisee. 106 of 375 ORDINANCE NO. ________ 23 9.13 Damage During Work: In case of any damage caused by Franchisee, or by Franchisee’s Facilities to Franchise Area, Franchisee agrees to repair the damage to conditions that meet or exceed City standards, at its own cost and expense. Franchisee shall, upon discovery of any such damage, immediately notify Renton per Section XXV. Renton will inspect the damage, and set a time limit for completion of the repair. If Renton discovers damage caused by Franchisee to the Franchise Area at any point in time, Renton will give Franchisee notice of the damage and set a reasonable time limit in which Franchisee must repair the damage. In the event Franchisee does not make the repair as required in this section, Renton may repair the damage, to its satisfaction, at Franchisee’s sole expense, billed in accordance with sections 5.7, 5.8, and 5.9. 9.14 Member of Locator Service: Franchisee shall continuously be a member of the State of Washington one number locator service under RCW 19.122 (Underground Utilities), or an approved equivalent, and shall comply with all applicable Laws. Prior to doing any work in the Rights-of-Way, the Franchisee shall follow established procedures, including contacting the Utility Notification Center in Washington and comply with all applicable State statutes regarding the One Call Locator Service pursuant to Chapter 19.122 RCW. Further, upon request, by the City or a third party, Franchisee shall locate its Facilities consistent with the requirements of Chapter 19.122 RCW. The City shall not be liable for any damages to Franchisee’s Facilities or for interruptions in service to Franchisee’s customers that are a direct result of Franchisee’s failure to locate its Facilities within the prescribed time limits and guidelines established by the One Call Locator Service regardless of whether the City issued a permit. 107 of 375 ORDINANCE NO. ________ 24 9.15 Restoration Requirements: Franchisee shall, after Work on any of Franchisee’s Facilities within the Franchise Area, restore the surface of the Franchise Area and any other property within the Franchise Area which may have been disturbed or damaged by such Work. All restoration of Rights-of-Way, sidewalks and other improvements or amenities shall conform to RMC 9-7 (Road, Bridge And Municipal Construction Standards), RMC 9-10-11 (Trench Restoration And Street Overlay Requirements) and City of Renton Standard Details in effect at that time, and must be warranted for at least two (2) years. Restoration shall include all landscaping, irrigation systems and trees. Renton shall have final approval of the condition of the Franchise Area after restoration pursuant to applicable Laws, as they exist or may be amended or superseded, provided that such provisions are not in conflict or inconsistent with the express terms and conditions of this Franchise. 9.16 Survey Monuments: All survey monuments which are disturbed or displaced by Franchisee in its performance of any work under this Franchise shall be referenced and restored by Franchisee, in accordance with WAC 332-120 (Survey Monuments – Removal or Destruction), and other applicable Laws. 9.17 Failure to Restore: If it is determined that Franchisee has failed to restore the Franchise Area in accord with this section, Renton shall provide Franchisee with written notice including a description of actions Renton believes necessary to restore the Franchise Area. If Franchisee fails to restore the Franchise Area in accord with Renton’s notice within thirty (30) days of that notice, or such other period of time as is mutually agreed consistent with requirements of Section XVII, Renton, or its authorized agent, may restore the Franchise 108 of 375 ORDINANCE NO. ________ 25 Area at Franchisee’s sole and complete expense in accordance with sections 5.7, 5.8, and 5.9.The failure by Franchisee to complete such repairs shall be considered a breach of this Franchise and is subject to remedies by the City pursuant to Section XVII of this Agreement. The privilege granted under this section shall be in addition to others provided by this Franchise. 9.18 Separate Permit Approval Needed For New Telecommunications Lines: The limited privileges granted under this Franchise shall not convey any privilege to Franchisee to install any new telecommunications lines or Facilities without Renton’s express prior written consent in the form of a permit(s) as provided for in this Section IX. SECTION X. Coordination and Shared Excavations 10.1 Coordination: The Parties shall make reasonable efforts to coordinate any Work that either Party may undertake within the Franchise Area to promote the orderly and expeditious performance and completion of such Work, and to minimize any delay or hindrance to any construction work undertaken by themselves or utilities within the Franchise Area. At a minimum, such efforts shall include reasonable and diligent efforts to keep the other Party and other utilities within the Franchise Areas informed of its intent to undertake Work through regularly scheduled meetings. Franchisee and Renton shall further each exercise its best efforts to minimize any delay or hindrance to any construction work either may undertake within the Franchise Area. Any associated costs caused by any construction delays to Renton or to any contractor working for Renton due to Franchisee’s failure to submit and adhere to Franchisee’s plans and schedule in relocating or installing Franchisee facilities shall be the sole responsibility of Franchisee. Franchisee shall, at 109 of 375 ORDINANCE NO. ________ 26 Renton’s request, also attend construction meetings pertaining to performance of Work within the Franchise Area and shall designate a contact person to attend such meetings. 10.2 Joint Use Trenches: If Franchisee or Renton shall cause excavations to be made within the Franchise Area, the Party causing such excavation to be made shall afford the other, upon receipt of a written request to do so, an opportunity to use such excavation, provided that: (a) such joint use shall not unreasonably delay the work of the Party causing the excavation to be made; and (b) such joint use shall be arranged and accomplished on terms and conditions satisfactory to both Parties. 10.3 Joint Use Policies: Concerning the Franchise Area, during the Franchise Term, Renton may adopt policies which encourage joint use of utility facilities within the Franchise Area. Franchisee shall cooperate with Renton and explore opportunities for joint use of the Franchise Area utility facilities that are consistent with applicable Laws and prudent utility practices. SECTION XI. Hazardous Materials 11.1 Written Approval Required: In maintaining its Facilities (including, without limitation, vegetation management activities), Franchisee shall not apply any Hazardous Substance, pesticide, herbicide, or other hazardous material within the Franchise Area without prior written approval of Renton. Renton will not unreasonably withhold approval, but such application must be in conformance to the aquifer protection regulations of Renton then in place. If Franchisee shall first obtain Renton’s approval to apply a specific product in accordance with a defined procedure on an ongoing basis throughout the Franchise Area, it shall not thereafter be necessary for Franchisee to obtain Renton’s approval on each 110 of 375 ORDINANCE NO. ________ 27 occasion such product is applied in accordance with such procedure unless such specified product becomes subject to increased regulatory requirements or prohibitions. Franchisee shall notify Renton of any accident by Franchisee involving Franchisee’s use of Hazardous Substances within the Franchise Area. 11.2 Release of Hazardous Substance: a. Upon notice or discovery of a significant release of any Hazardous Substance caused by Franchisee or expressly authorized by Franchisee to occur upon the Franchise Area and Facilities covered by this Franchise, that does not constitute an “emergency” subject to Section XII of this Agreement, Franchisee shall notify Renton within twenty-four (24) hours of discovery. b. If the encountered or suspected Hazardous Substances are not the result of the acts or omissions of Franchisee, Renton shall, at its own expense, determine if the material is hazardous, in accordance with applicable Laws. i. If the material is found to be hazardous, Renton shall, at its own expense, if possible, remove, dispose, or otherwise handle such Hazardous Substances, as necessary, in accordance with applicable Laws. ii. If Hazardous Substances are removed, Renton also shall provide substitute nonhazardous substance(s) to replace the removed substance for Franchisee to use in its operation, if necessary. iii. Upon approval by Renton to proceed, Franchisee shall proceed with the operations at its own cost, with no recourse against Renton for the cost of schedule delays incurred due to the delay in operation. 111 of 375 ORDINANCE NO. ________ 28 c. If the encountered or suspected Hazardous Substances within the Franchise Area are the result of Franchisee’s acts or omissions, Renton’s characterization of the substances involved and any removal, disposal, or other handling costs incurred in connection with the removal, disposal, or handling of the hazardous substances will be at Franchisee’s sole expense. Franchisee shall be solely responsible for any expense or cost related to environmental mitigation requirements imposed, by operation of applicable Laws or otherwise. SECTION XII. Emergency Work – Extension of Time to Obtain Permit(s) 12.1 In the event of any emergency in which any of Franchisee’s Facilities located in the Rights-of-Way breaks, fall, becomes damaged, or if Franchisee’s Facilities are otherwise in such a condition as to immediately endanger the property, life, health or safety of any person, entity or the City, Franchisee shall immediately take the proper emergency measures to repair its Facilities, to cure or remedy the dangerous conditions for the protection of property, life, health or safety of any person, entity or the City without first applying for and obtaining a permit as required by this Franchise. (see also section 15.3 of this Agreement related to Emergency Relocation of Facilities in the event of an emergency not related to Franchisee) a. This clause 12.1 is not intended, and should not be construed, to relieve Franchisee from the requirement of obtaining any permits necessary for this purpose, and Franchisee shall apply for all such permits not later than the next succeeding day during which the Renton City Hall is open for business. 112 of 375 ORDINANCE NO. ________ 29 b. The City retains the right and privilege to cut, move, or remove any Facilities located within the Rights-of-Way of the City, as the City may determine to be necessary, appropriate, or useful in response to any public health or safety emergency. c. Franchisee shall provide all necessary equipment and personnel to safely and expeditiously repair its facilities and provide all necessary traffic control pursuant to the most recent edition of the Manual on Uniform Traffic Control Devices (MUTCD) in effect at the time of the emergency giving rise to the need. 12.2 Franchisee shall immediately and at the first possible time notify the City according to Section XXV of this Agreement of any emergency or outage that affects, or is expected to affect, any City customer or City access in any amount. 12.3 The City shall not be liable for any damage to or loss of Facilities within the Rights-of-Way as a result of or in connection with any public works, public improvements, construction, grading, excavation, filling, or work of any kind in the Rights-of-Way by or on behalf of the City, except to the extent caused by the sole negligence or willful misconduct of the City, its employees, contractors, or agents. The City shall further not be liable to Franchisee for any direct, indirect, or any other such damages suffered by any person or entity of any type as a direct or indirect result of the City’s actions under this section 12 except to the extent caused by the sole negligence or willful misconduct of the City, its employees, contractors, or agents. 12.4 Whenever the construction, installation or excavation of Facilities authorized by this Franchise has caused or contributed to a condition that appears to substantially 113 of 375 ORDINANCE NO. ________ 30 impair the lateral support of the adjoining street or public place, or endangers the public, an adjoining public place, street, electrical or telecommunications utilities, City utilities, or City property, the Community and Economic Development Administrator or designee, may direct Franchisee, at Franchisee’s own expense, to take reasonable action to protect the public, adjacent public places, City property or street utilities, and such action may include compliance within a prescribed time. In the event that Franchisee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, before the City can timely contact Franchisee to request Franchisee effect the immediate repair, the City may access the Facilities and take such reasonable actions as are necessary to protect the public, the adjacent streets, City utilities, or street, electrical or telecommunications utilities, or to maintain the lateral support thereof, or reasonable actions regarded as necessary safety precautions, and Franchisee shall be liable to the City for the costs thereof. 12.5 Public Service Obligations: Nothing in this section is intended, nor shall it be construed, as a hindrance to Franchisee’s ability to take such actions as it deems necessary to discharge its public service obligations in accordance with the laws of the State of Washington. 12.6 Extraordinary Costs: Nothing in this section is intended, nor shall it be construed, as preventing Renton from recovering from Franchisee, if otherwise so entitled in accordance with applicable Laws, any extraordinary costs in responding to an emergency situation involving Franchisee’s Facilities. 114 of 375 ORDINANCE NO. ________ 31 SECTION XIII. Records of Installation 13.1 Future Construction Plans: Upon Renton’s written request, Franchisee shall provide to Renton copies of any plans prepared by Franchisee for potential improvements, relocations and conversions to its Facilities within the Franchise Area; provided, however, any such plans so submitted shall be for informational purposes only and shall not obligate Franchisee to undertake any specific improvements within the Franchise Area, nor shall such plan be construed as a proposal to undertake any specific improvements within the Franchise Area. 13.2 As-Built Drawings: Following the initial construction and installation of Facilities, Franchisee shall provide the City with accurate copies of as-built plans and maps prepared by Franchisee’s design and installation contractors. These plans and maps shall be provided at no cost to the City, and shall include digital files in AutoCAD, or other industry standard readable formats that are acceptable to the City and delivered electronically. Further, Franchisee shall provide such maps within thirty (30) days following a request from the City. Franchisee shall warrant the accuracy of all plans, maps and as-builds provided to the City. 13.3 Within thirty (30) days of a written request from the Administrator or designee, Franchisee shall furnish the City with information sufficient to demonstrate: 1) that the Franchisee has complied with all applicable requirements of this Franchise; and 2) that any and all utility taxes due to the City in connection with the Franchisee have been paid. 13.4 All books, records, maps and other documents maintained by Franchisee with respect to its Facilities within the Rights-of-Way shall be made available for inspection 115 of 375 ORDINANCE NO. ________ 32 by the City at reasonable times and intervals; provided, however, that nothing in this section 13.4 shall be construed to require Franchisee to violate state or federal law regarding customer privacy, nor shall this section 13.4 be construed to require Franchisee to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature. 13.5 Franchisee shall not be required to disclose information that it reasonably deems to be proprietary or confidential in nature; provided, however, Franchisee shall disclose such information that is required under applicable law to comply with a utility tax audit. Franchisee shall be responsible for clearly and conspicuously identifying the work as confidential or proprietary and shall provide a brief written explanation as to why such information is confidential and how it may be treated as such under State or Federal law. In the event that the City receives a public records request under Chapter 42.56 RCW or similar law for the disclosure of information Franchisee has designated as confidential, trade secret, or proprietary, the City shall promptly provide written notice of such disclosure so that Franchisee can take appropriate steps to protect its interests. 13.6 Disclosure to Third-Parties: a. Nothing in section 13.4 or 13.5 prohibits the City from complying with Chapter 42.56 RCW or any other applicable law or court order requiring the release of public records, and the City shall not be liable to Franchisee for compliance with any law or court order requiring the release of public records. The City shall comply with any injunction or court order obtained by Franchisee that prohibits the disclosure of any such confidential records; however, in the event a higher court 116 of 375 ORDINANCE NO. ________ 33 overturns such inunction or court order and such higher court action is or has become final and non-appealable, Franchisee shall reimburse the City for any fines or penalties imposed for failure to disclose such records as required hereunder within sixty (60) days of a request from the City. b. Disclosure to Third Parties: Any drawings and/or information concerning the location of Franchisee's Facilities provided by Franchisee shall be used by Renton solely for management of the Franchise Area. Renton shall take all prudent steps reasonably necessary to prevent unnecessary disclosure or dissemination of such drawings, maps, records and/or information to any Third-Party without the prior notice to Franchisee, unless the Third-Party is an authorized governmental entity of any tier or a public records requestor. Renton will provide Franchisee with notice of any public records request for Franchisee paperwork as soon as reasonably practicable. 13.7 Design Locates: Upon Renton’s written request, or in connection with the design of any public works project, including any public utility whether provided by Renton or another utility district, Franchisee shall field verify and mark the location of its underground Facilities within the Franchise Area 13.8 Utility Locates: Notwithstanding the foregoing, nothing in this section is intended (nor shall be construed) to relieve either Party of their respective obligations arising under applicable Laws with respect to determining the location of utility facilities. 117 of 375 ORDINANCE NO. ________ 34 SECTION XIV. Undergrounding of Facilities 14.1 Undergrounding Required for New Facilities: Pursuant to regulation under RMC 4-6-090.C (Applicability), as those regulations may be amended or revised, all new Facilities installed within the Franchise Area during the term of this Franchise shall be located underground, consistent with the RMC, unless it is unfeasible in Renton’s reasonable estimation for it to be done; provided that installation of wires, cables, conduits and similar equipment will be permitted and installed pursuant to the provisions of any applicable Laws, and subject to and accordance with any applicable Tariffs on file with the WUTC. In areas where all existing telecommunications and cable facilities are located above ground within a one (1) mile horizontal distance from all elements of the proposed project, Franchisee may install its Facilities above ground. Any new Facilities to be located above ground shall be placed on existing utility poles. No new utility poles shall be installed in connection with placement of new above ground Facilities. SECTION XV. Relocation of Franchisee Facilities 15.1 Relocation Required: Renton shall have prior and superior right to the use of the Franchise Area for the construction, installation, maintenance replacement, expansion and repair of its roadways, utilities, improvements and infrastructure, and capital improvement projects, and should any conflict arise with Renton facilities, Franchisee shall, at its own cost and expense, conform to Renton’s utilities, improvements and infrastructure and capital improvement projects, provided that, whenever Renton or a partner agency undertakes any public works improvement within the Franchise Area, and such public works 118 of 375 ORDINANCE NO. ________ 35 improvement necessitates the relocation of Franchisee’s then existing Facilities within the Franchise Area, Renton shall: a. Provide Franchisee with reasonable prior notice of Renton’s intent to initiate a public works improvement, and if applicable, written notice requesting such relocation; and b. Provide Franchisee with copies of pertinent portions of Renton’s plans and specifications for such public works improvement; and c. Provide Franchisee with contact information for the designated City project manager responsible for the public works improvement project for which all communication pertaining to the project scope shall be coordinated with unless directed otherwise by designee or otherwise required by this Franchise. 15.2 Franchisee Relocation Plans: Unless a longer period is specified by the City project manager, within 60 days of receipt of such notice and such plans and specifications, as identified in section 15.1, Franchisee shall: a. Provide the City with a designated Franchisee project manager to be the sole contact point for all communication pertaining to the project scope unless directed otherwise by designee or required by this Franchise. b. Submit to the City’s project manager the Franchisee plan drawings for the relocation of the Franchisee Facilities in advance of the preparation of the City’s final plans and specifications for incorporation into the City’s construction plans. 119 of 375 ORDINANCE NO. ________ 36 c. Submit to the City’s project manager a proposed construction schedule for review and approval. The City’s project manager and Franchisee’s project manager shall coordinate the schedule in reasonable and good faith. 15.3 Franchisee Relocation Work: a. City project manager shall provide Franchisee project manager a written notice to proceed. The relocation completion date will be included in the City’s written request for said relocation to Franchisee. b. To prevent delay to the City’s project, upon receipt of notice per 15.3.a, Franchisee shall complete the relocation work as per the schedule in 15.2.c, unless otherwise agreed upon by the City’s project manager. c. Franchisee shall relocate such Facilities within the Franchise Area at no charge to the City, except that if the City pays for or reimburses the relocation costs of another telecommunications utility, under materially identical circumstances, it shall pay for or reimburse a proportionate share of Franchisee’s relocation costs. Franchisee shall be solely responsible for any associated cost caused by any construction delays to the City’s project due to Franchisee’s failure to comply with Franchisee’s plans and schedule in relocating or installing Franchisee’s Facilities in accordance with sections 15.8 through 15.11. 15.4 Emergency Relocation of Facilities: In the event an emergency posing a threat to public safety or welfare that is not related to a release of hazardous materials or substances requires the relocation of Franchisee’s Facilities within the Franchise Area, Renton shall give Franchisee notice of the emergency as soon as reasonably practicable. 120 of 375 ORDINANCE NO. ________ 37 Upon receipt of notice, Franchisee shall respond as soon as reasonably practicable to relocate the affected Facilities, at Franchisee’s sole expense. See also section 12.1 of this Agreement. 15.5 Third-Party Construction: Whenever any person or entity, other than Renton or its partner agency(ies) requires the relocation of Franchisee’s Facilities to accommodate the work of such person or entity within the Franchise Area; or, Renton requires any Third- Party to undertake work (other than work undertaken at Renton’s cost and expense) within the Franchise Area and such work requires the relocation of Franchisee’s Facilities within the Franchise Area, Franchisee may condition such relocation to require such person or entity to make payment to Franchisee, at a time and upon terms acceptable to Franchisee for any and all costs and expenses incurred by Franchisee in the relocation of Franchisee’s Facilities. 15.6 Third-Party Construction of Public Utility Improvement Project: Any condition or requirement imposed by Renton upon any Third-Party (including, without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals or permits obtained pursuant to any zoning, land use, construction or other development regulation) which requires the relocation of Franchisee’s Facilities within the Franchise Area, then Franchisee shall relocate its Facilities; provided, however, in the event Renton reasonably determines and notifies Franchisee that the primary purpose of imposing such condition or requirement upon such Third-Party is to cause or facilitate the construction of a public works project to be undertaken within a segment of the Franchise Area on Renton’s behalf and consistent with Renton’s Capital Investment Program or its Transportation 121 of 375 ORDINANCE NO. ________ 38 Improvement Program; or the Transportation Facilities Program, then only those costs and expenses incurred by Franchisee in reconnecting such relocated Facilities with Franchisee’s other Facilities shall be paid to Franchisee by such Third-Party, and Franchisee shall otherwise relocate its Facilities within such segment of the Franchise Area in accordance with subsection 15.1. 15.7 Alternatives: As to any relocation of Franchisee’s Facilities whereby the cost and expense is to be borne by Franchisee, Franchisee may, after receipt of written notice requesting such relocation, submit in writing to Renton alternatives to relocation of its Facilities. a. Upon Renton’s receipt from Franchisee of such written alternatives, Renton shall evaluate such alternatives and shall advise Franchisee in writing if one or more of such alternatives are suitable to accommodate the work which would otherwise necessitate relocation of Franchisee’s Facilities. b. In evaluating such alternatives, Renton shall give each alternative proposed by Franchisee fair consideration with due regard to all facts and circumstances which bear upon the practicality of relocation and alternatives to relocation. If Renton determines that such alternatives are not appropriate, Franchisee shall relocate its Facilities as provided in subsection 15.1. c. The City may seek reimbursement from Franchisee for all costs associated with evaluation and implementation of proposed alternatives. Costs shall be related to implementation, but is not limited to, redesign, construction cost increases and 122 of 375 ORDINANCE NO. ________ 39 any contractor(s) change orders or claims for delays or damages. All costs shall be reimbursed in accordance with sections 5.7 through 5.9. 15.8 Non-Franchise Area: Nothing shall require Franchisee to bear any cost or expense in connection with the location or relocation of any Facilities existing under benefit of easement or other rights not arising under this Franchise. 15.9 Indemnity for Delay: Franchisee shall indemnify, hold harmless, and pay the costs of defending Renton against any and all Third-Party actions, claims, damages, liabilities, or suits for delays on Renton’s construction projects arising from or caused by Franchisee’s failure to remove or relocate it Facilities in a timely manner, though Franchisee shall not be liable for damages due to delays that were out of Franchisee’s reasonable or expected control. 15.10 Contractor Delay Claims: If Franchisee breaches its obligations under Chapter 19.122 RCW to properly locate its Facilities or breaches its obligations under this section with respect to relocating its Facilities, and to the extent such breach causes a delay in the work being undertaken by the City of Renton s third party contractor(s) that result in a claim by the third party contractor(s) for costs, expenses and/or damages that are directly caused by such delay and are legally required to be paid by the City (each, a “Contractor Delay Claim”), the City may at its sole option: a. Tender the Contractor Delay Claim to Franchisee for defense and indemnification in accordance with section 15.10; or b. Require that Franchisee reimburse the City for any such costs, expenses, and/or damages that are legally required to be paid by the City to its third party 123 of 375 ORDINANCE NO. ________ 40 contractor(s) as a direct result of the Contractor Delay Claim; provided that, if the City requires reimbursement by Franchisee under this section 15.8.b, the City shall first give Franchisee written notice of the Contractor Delay Claim. 15.11 Failure to Remove or Relocate Facilities: If Franchisee fails, neglects, or refuses to remove or relocate its Facilities as directed by the City following the procedures outline in this Section XV, then after fifteen (15) days’ notice to Franchisee, the City may perform such work or cause it to be done, and the City’s costs shall be paid by Franchisee pursuant to sections 5.7, 5.8, and 5.9. 15.12 Survival: The provisions of this Section XV shall survive the expiration or termination of this Franchise during such time as Franchisee continues to have Facilities in the Rights-of-Way. SECTION XVI. Abandonment and Discontinuance of Franchisee’s Facilities 16.1 Notification: Franchisee shall notify Renton of any abandonment or cessation of use of any of its Facilities within sixty (60) days after such abandonment or cessation of use. Franchisee shall notify the City in writing for such planned abandonment or cessation and include a site plan showing all Facilities, including respective size and material type, planned for abandonment or cessation. Any plan for abandonment or removal of Franchisee’s Facilities within the Franchise Area must be first approved in writing by the Administrator, or designee. Unless otherwise determined acceptable, for any Facility Franchisee is authorized to abandon, the Franchisee shall remove all wire and associated appurtenances. Franchisee covenants and agrees that for any request for abandonment or cessation, the City may elect to take ownership of the Facilities. In such case the City elects 124 of 375 ORDINANCE NO. ________ 41 to take ownership of the Facilities, the City shall prepare a Bill of Sale (BOS) for Franchisee to review and sign within thirty (30) days. 16.2 Removal: In the event of Franchisee’s abandonment or permanent cessation of use of any portion of its Facilities, or any portion of the Franchised Area, Franchisee shall, within one hundred and twenty (120) days after the abandonment or permanent cessation of use, remove the Facilities at Franchisee’s sole expense. However, with Renton’s express written consent, Franchisee may, at Franchisee’s sole cost and expense, secure the Facilities in such a manner as to cause it to be as safe as is reasonably possible, by removing all lines, conduits and appurtenances, in compliance with all Laws, and abandon them in place, provided that any above ground Facilities shall be removed at Franchisee’s sole expense. 16.3 Restoration: In the event of the removal of all or any portion of the Facilities, to the extent reasonably possible, Franchisee shall restore the Franchise Area in accordance with the Trench Restoration and Street Overlay requirements as it exists or may be amended. Such restoration work shall be done at Franchisee’s sole cost and expense and to Renton’s reasonable satisfaction. If Franchisee fails to remove or secure the Facilities and/or fails to restore the premises or take such other mutually agreed upon action, Renton may, after reasonable notice to Franchisee, remove the Facilities, restore the premises or take such other action as is reasonably necessary at Franchisee’s sole expense and Renton shall not be liable for any damages, losses or injuries. This remedy shall not be deemed to be exclusive and shall not prevent Renton from seeking a judicial order directing Franchisee to remove its Facilities. 125 of 375 ORDINANCE NO. ________ 42 16.4 Administrative or Abandonment Fees: Renton’s consent to Franchisee’s abandonment of Facilities in place shall not relieve Franchisee of the obligation and/or costs to remove, alter or re-secure such Facilities in the future in the event it is reasonably determined, as adjudged in Renton’s sole discretion, that removal, alteration or re-securing the Facilities is necessary or advisable for the health, safety, necessity and/or convenience of the public, in which case Franchisee shall perform such work its sole expense. 16.5 Survival of Provisions: The Parties expressly agree that the provisions of this section shall survive the termination, expiration, or revocation of this Franchise. SECTION XVII. Termination, Violations, and Remedies 17.1 Termination: If either Party provides notice in accordance with Section XXV of this Agreement that it does not wish to renew, extend and/or continue the Franchise, this Franchise shall be terminated as of the expiration date described in Section IV. 17.2 Termination by Breach: If Franchisee materially breaches or otherwise fails to perform, comply with any of the terms and conditions of this Franchise, or fails to maintain any required license, permit or approval, and fails to cure such breach or failure within thirty (30) days of Renton providing Franchisee with written notice specifying with reasonable particularity the nature of any such alleged breach or failure, or, if not reasonably capable of being cured within thirty (30) days, within such other reasonable period of time as the Parties may agree upon, Renton may terminate this Franchise, without any penalty, liability, cost or damages. 17.3 City Council Termination: This Franchise shall not be terminated prior to the expiration date of this Franchise except upon a majority vote of the City Council, after 126 of 375 ORDINANCE NO. ________ 43 reasonable notice to Franchisee (which notice shall be given at least thirty (30) days before the hearing) and an opportunity to be heard, provided that if exigent circumstances necessitate immediate termination, the hearing may be held as soon as possible after the termination. 17.4 Discontinue Operations: a. If the Franchise is terminated, Franchisee shall immediately discontinue operation of Facilities through the Franchise Area. b. In such circumstances, either Party may invoke the dispute resolution provisions in Section XVIII. Alternatively, either Party may elect to seek relief directly in the United States District Court for the Western District of Washington, in Seattle, Washington, or in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center, Kent, Washington, in which case the dispute resolution requirements shall not be applicable. Once Franchisee’s privilege has terminated, Franchisee shall comply with Franchise provision regarding removal and/or abandonment of Facilities. 17.5 Renton Retains Right for Action: Renton’s failure to exercise a particular remedy at any time shall not waive Renton’s right to terminate, assess penalties, or assert any equitable or legal remedy for any future breach or default by Franchisee. 17.6 Franchisee Liability and Obligation: Termination shall not release Franchisee from any liability or obligation with respect to any matter occurring prior to such termination, and shall not release Franchisee from any obligation to remove and secure its Facilities and to restore the Franchise Area. 127 of 375 ORDINANCE NO. ________ 44 17.7 Injunctive Relief: The Parties acknowledge that the covenants set forth in this Franchise are essential to this Franchise, and, but for the mutual agreements of the Parties to comply with such covenants, the Parties would not have entered into this Franchise. The Parties further acknowledge that they may not have an adequate remedy at law if the other Party violates such covenant. Therefore, the Parties shall have the right to obtain in any court of competent jurisdiction injunctive relief to restrain any breach or threatened breach, or to specifically enforce any of the Franchise covenants should the other Party fail to perform them. 17.8 Except as limited by Section XIX “Arbitration”, The City may elect, without any prejudice to any of its other legal rights and remedies, to obtain an order from the superior court having jurisdiction compelling Franchisee to comply with the provisions of the Franchise and to recover damages and costs incurred by the City by reason of Franchisee’s failure to comply. In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force Franchisee and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Provided, further, that by entering into this Franchise, it is not the intention of the City or Franchisee to waive any other rights, remedies, or obligations as otherwise provided by law equity, or otherwise, and nothing contained here shall be deemed or construed to effect any such waiver. 17.9 If Franchisee shall violate, or fail to comply with any of the provisions of this Franchise, or should it fail to heed or comply with any notice given to Franchisee under the 128 of 375 ORDINANCE NO. ________ 45 provisions of this Franchise, the City shall provide Franchisee with written notice specifying with reasonable particularity the nature of any such breach and Franchisee shall undertake all commercially reasonable efforts to cure such breach within thirty (30) days of receipt of notification. If the parties reasonably determine the breach cannot be cured within (30) thirty days, the City may specify a longer cure period, and condition the extension of time on Franchisee’s submittal of a plan to cure the breach within the specified period, commencement of work within the original thirty (30) day cure period, and diligent prosecution of the work to completion. If the breach is not cured within the specified time, or Franchisee does not comply with the specified conditions, the City may, at its discretion, (1) revoke this Franchise with no further notification, or (2) claim compensatory damages of two hundred fifty dollars ($250) per day or (3) pursue other remedies as described in section 17.9 above. Liquidated damages described in this section 17.10 shall not be offset against any sums due to the City as a tax or reimbursement pursuant to code or this Franchise. 17.10 Non-Waiver: The Failure of the City to insist upon strict performance of any of the covenants and agreements of this Franchise or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such covenants, agreements or option or any other covenants, agreements or option. SECTION XVIII. Dispute Resolution 18.1 Notice of Default: If there is any alleged default as to performance under this Franchise, Renton shall notify Franchisee in writing, stating with reasonable specificity the nature of the alleged default. Within ten (10) days of its receipt of such notice, Franchisee shall provide a written response to Renton acknowledging receipt of notice and stating 129 of 375 ORDINANCE NO. ________ 46 Franchisee’s response. Franchisee has thirty (30) days (“cure period”) from the date of the notice’s mailing to: a. Respond to Renton, contesting Renton’s assertion(s) as to the dispute or any alleged default and requesting a meeting in accordance with subsection 18.2; or b. Cure the alleged default; or c. Notify Renton if Franchisee cannot cure the alleged default within thirty (30) days, due to the nature of the default. Notwithstanding such notice, Franchisee shall promptly take all reasonable steps to begin to cure the alleged default and notify Renton in writing and in detail as to the actions that Franchisee will take and the projected completion date. In such case, Renton may set a meeting in accordance with subsection 18.2. 18.2 Meeting: If any alleged default is not cured or if a subsection 18.1 meeting is requested, Renton shall promptly schedule a meeting between the Parties to discuss the alleged default. Renton shall notify Franchisee of the meeting in writing and the meeting shall take place not less than ten (10) days after Franchisee’s receipt of notice of the meeting. Each Party shall appoint a representative who shall attend the meeting, represent their party’s interests, and who shall exercise good faith to reach an agreement on any alleged default and/or any corrective action to be taken. Any dispute (including any dispute concerning the existence of or any corrective action to be taken to cure any alleged default) that is not resolved within ten (10) days following the conclusion of the meeting shall be referred by the Parties’ representatives in writing to the Parties’ senior management for resolution. If senior management is unable to resolve the dispute within twenty (20) days of 130 of 375 ORDINANCE NO. ________ 47 referral (or such other period as the Parties may agree upon), each Party may pursue resolution of the dispute through Section XIX, Arbitration, of this Franchise. All negotiations pursuant to these procedures for the resolution of disputes shall be confidential and shall be treated as compromise and settlement negotiations for purposes of the state and federal rules of evidence. 18.3 Additional Resolution Options: If, at the conclusion of the steps provided for in subsections 18.1 and 18.2 above, Renton and Franchisee are unable to settle the dispute or agree upon the existence of a default or the corrective action to be taken to cure any alleged default, Renton or Franchisee (as Franchisee may have authority to do so) may: a. Take any enforcement or corrective action provided for by Law, including the city code; provided such action does not conflict with this Franchise’s provisions; and/or b. Demand arbitration, pursuant to Section XIX below, for disputes arising out of or related to Sections III, Grant of Franchise (or such other sections with respect to the existence of conflicts or inconsistencies with the express terms and conditions of this Franchise and any applicable Laws); XIII, Records of Installation; XIV, Undergrounding of Facilities (except as preempted by WUTC authority); and XV, Relocation of Franchisee Facilities (excluding project delay claims exceeding thirty thousand dollars ($30,000)) of this Franchise (the “Arbitration Claims”); and/or c. By ordinance, declare an immediate forfeiture of this Franchise for a breach or default of any material, non-Arbitration Claims, obligations under this Franchise; and/or 131 of 375 ORDINANCE NO. ________ 48 d. Take any action to which it is entitled under this Franchise or any applicable Laws. 18.4 Continuation of Obligations: Unless otherwise agreed by Renton and Franchisee in writing, Renton and Franchisee shall, continue to perform their respective obligations under this Franchise during the pendency of any dispute. SECTION XIX. Arbitration 19.1 Rules and Procedures: The Parties agree that any dispute, controversy, or claim arising out of or relating to Arbitration Claims, shall be referred for resolution to the American Arbitration Association in accordance with the rules and procedures in force at the time of the submission of a request for arbitration. 19.2 Discovery: The arbitrators shall allow appropriate discovery to facilitate a fair, speedy and cost-effective resolution of the dispute(s). The arbitrators shall reference the Washington State Rules of Civil Procedure then in effect in setting the scope and timing of discovery. The Washington State Rules of Evidence shall apply. The arbitrators may enter a default decision against any Party who fails to participate in the arbitration proceedings. 19.3 Compensatory Damages: The arbitrators may award compensatory damages., including consequential damages. Such damages may include, but shall not be limited to: all costs and expenses of materials, equipment, supplies, utilities, consumables, goods and other items; all directly related costs and expenses of any staff; all costs and direct expenses of any labor (including, but not limited to, labor of contractors of any tier); all pre-arbitration costs and expenses of consultants, attorneys, accountants, professional and other services, as outlined in section 19.5 below; and all taxes, insurance, interest 132 of 375 ORDINANCE NO. ________ 49 expenses, directly related overhead and general administrative costs and expenses, and other costs and expenses of any kind incurred in connection with the dispute. The arbitrator may award equitable relief in those circumstances where monetary damages would be inadequate. 19.4 Award: Any award by the arbitrators shall be accompanied by a written opinion setting forth the findings of fact and conclusions of law relied upon in reaching the decision. The award rendered by the arbitrators shall be final, binding and non-appealable, and judgment upon such award may be entered by any court of competent jurisdiction. 19.5 Each Party’s Costs: Except as provided in subsection 19.7 below, see each Party shall pay the fees of its own attorneys, expenses of witnesses, and all other expenses and costs in connection with the presentation of such Party’s case including, without limitation, the cost of any records, transcripts or other things used by the Parties for the arbitration, copies of any documents used in evidence, certified copies of any court, property or city documents or records that are placed into evidence by a Party. 19.6 Arbitration Costs: Except as provided in subsection 19.7 below, the remaining costs of the arbitration, including without limitation, fees of the arbitrators, costs of records or transcripts prepared for the arbitrator's use in the arbitration, costs of producing the arbitrator’s decision and administrative fees shall be borne equally by the Parties. 19.7 Costs for Multiple Arbitrations: Notwithstanding the foregoing subsections 19.5 and 19.6, in the event either Party is found during the term of this Franchise to be the prevailing party in any two (2) arbitration proceedings brought by such party pursuant to this Section XIX, then such party shall be entitled to recover all reasonably incurred Costs, 133 of 375 ORDINANCE NO. ________ 50 including attorneys’ fees, for any subsequent arbitration brought by them in which they are found to be the prevailing party. 19.8 Transcript Costs: In the event a Party makes a copy of an arbitration proceeding transcript for its use in writing a post-hearing brief, or an arbitration decision copy to append to a lawsuit to reduce the award to judgment, etc., then that Party shall bear the cost, except to the extent such cost might be allowed by a court as court costs. SECTION XX. Alternative Remedies 20.1 No provision of this Franchise shall be deemed to bar the right of Renton or Franchisee to seek or obtain judicial relief from a violation of any Franchise provision or any rule, regulation, requirement or directive promulgated for non-Arbitration Claims. Neither the existence of other Franchise remedies nor the use of such remedies shall bar or limit the right of Renton or Franchisee to recover monetary damages for violations by the other Party, or to seek and obtain judicial enforcement of the other Party’s obligations by means of specific performance, injunctive relief or mandate, or any other remedy at law or in equity. SECTION XXI. Amendments to Franchise 21.1 This Franchise may only be amended by written instrument, signed by the Parties, specifically stating that it is an amendment to this Franchise and is approved and executed in accordance with State of Washington laws. Without limitation, and unless required by any Laws, this Franchise shall govern and supersede and shall not be altered, limited, supplemented or otherwise amended by any permit, approval, license, agreement or other document required by or obtained from Renton in conjunction with Franchisee’s exercise or failure to exercise any and all benefits, privileges, obligations or duties in and 134 of 375 ORDINANCE NO. ________ 51 under this Franchise, unless such permit, approval, license, agreement or other document specifically: a. References this Franchise; and b. States that it supersedes this Franchise to the extent it contains terms and conditions which alter, limit, supplement or otherwise amend the terms and conditions of this Franchise. In the event of any conflict or inconsistency between the provisions of this Franchise and the provisions of any such permit, approval, license, agreement or other document, except as expressly required by Laws and/or superseded by such permit, approval, license, agreement or other document, the Franchise provisions shall control. SECTION XXII. Indemnification 22.1 Renton: In Sections XXII and XXIII, “Renton” means the City of Renton, and its elected officials, agents, employees, officers, representatives, consultants (of any level), and volunteers. 22.2 Indemnification by Franchisee: Franchisee shall indemnify, defend, and hold harmless Renton, from and against any and every Third-Party action, claim, cost, damage, death, expense, harm, injury, liability, or loss of any kind, in law or in equity, to persons or property, including reasonable attorneys’ and experts’ fees and/or costs incurred by Renton in its defense, arising out of or related to, directly or indirectly, to Franchisee’s Work or abandonment of Facilities, or from the existence of Franchisee’s Facilities, and the products contained in, transferred through, any signals or emissions from the Facilities, released or escaped from the Facilities, including the reasonable costs of assessing such damages and 135 of 375 ORDINANCE NO. ________ 52 any liability for costs of investigation, abatement, correction, cleanup, fines, penalties, or other damages arising under any Laws, including, but not limited to, Environmental Laws, and any action, claim, cost, damage, death, expense, harm, injury, liability, or loss, to persons or property which is caused by, in whole or in part, and only to the extent of, the willfully tortious or negligent acts or omissions of Franchisee or its agents, contractors of any tier, employees, representatives or trainees related to Franchisee’s granted Franchise privileges. If any action or proceeding is brought against Renton by reason of Franchisee’s Facilities, Franchisee shall defend Renton at Franchisee’s sole expense, provided that, for uninsured actions or proceedings, defense attorneys shall be approved by Renton, which approval shall not be unreasonably withheld. The terms of this section shall not require Franchisee to indemnify Renton against and hold harmless Renton from claims, demands or suits based upon Renton’s negligent or willful conduct, and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the Franchisee’s agents, officers, or employees and (b) Renton, this provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of Franchisee’s negligence or the negligence of Franchisee’s agents or employees except as limited in this Franchise. 22.3 Environmental Indemnification: Franchisee shall indemnify, defend, and save Renton harmless from and against any and every Third-Party action, claim, cost, damage, death, expense, harm, injury, liability, or loss, either at law or in equity, to persons or property, including, but not limited to, costs and reasonable attorneys’ and experts’ fees incurred by Renton, arising directly or indirectly from: (a) Franchisee’s breach of any 136 of 375 ORDINANCE NO. ________ 53 environmental Laws or Laws applicable to the Facilities, or (b) from any release of a hazardous substance on or from the Facilities, or (c) other activity related to this Franchise by Franchisee. This indemnity includes, but is not limited to, (a) liability for a governmental agency’s costs of removal or remedial action for Hazardous Substances; (b) damages to natural resources caused by Hazardous Substances, including the reasonable costs of assessing such damages; (c) liability for any other person’s costs of responding to Hazardous Substances; (d) liability for any investigation, abatement, correction, cleanup, costs, fines, penalties, or other damages arising under any Laws; and (e) liability for personal injury, property damage, or economic loss arising under any statutory or common-law theory or Laws. 22.4 Title 51 Waiver: Franchisee’s indemnification obligations pursuant to this section shall include assuming potential liability for actions brought by Franchisee’s own employees and the employees of Franchisee's agents, representatives, contractors of any tier even though Franchisee might be immune under RCW Title 51 from direct suit brought by such employees. It is expressly agreed and understood that this assumption of potential liability for actions brought by the aforementioned persons is limited solely to claims against Renton arising by virtue of Franchisee’s exercise of the privileges set forth in this Franchise. The obligations of Franchisee under this section have been mutually negotiated by the Parties, and Franchisee acknowledges that Renton would not enter into this Franchise without Franchisee’s waiver of immunity. To the extent required to provide this indemnification and this indemnification only, Franchisee waives its immunity under Title 51 137 of 375 ORDINANCE NO. ________ 54 RCW as provided in RCW 4.24.115 (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc.). 22.5 Real Estate Indemnity: Should a court of competent jurisdiction determine that this Franchise is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc.), as it exists or may be amended, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Franchisee, its officers, officials, employees, and volunteers and/or a contractor of any tier, or Renton, its elected officials, officers, officials, employees, and volunteers, and or the contractor, the party’s liability shall be only to the extent of that party’s negligence. 22.6 Notice: In the event any matter for which Renton intends to assert its rights under this section is presented to or filed with Renton, Renton shall promptly attempt to notify Franchisee in accordance with Section XXV of this Franchise, and Franchisee shall have the privilege, at its election and at its sole costs and expense, to settle and compromise such matter as it pertains to Franchisee’s responsibility to indemnify, defend and hold harmless Renton. In the event any suit or action is started against Renton based upon any such matter, Renton shall likewise promptly attempt to notify Franchisee, and Franchisee shall have the privilege, at its election and at its sole cost and expense, to settle and compromise such suit or action, or defend the same at its sole cost and expense, by attorneys of its own election, as it pertains to Franchisee’s responsibility to indemnify, defend and hold harmless Renton. Franchisee’s indemnification obligations do not apply to the extent that Renton fails to provide attempt to notice in accordance with Section XXV of 138 of 375 ORDINANCE NO. ________ 55 this Franchise, and such failure materially prejudices Franchisee or the defense of an action, claim, cost, damage, death, expense, harm, injury, liability, or loss of any kind. 22.7 Recovery of City Costs: In the event that Renton is required to defend a “suit or action” and Franchisee refuses to defend and indemnify Renton, as referenced in subsection 22.2 and Renton is determined to be without fault for the claim or demand giving rise to such "suit or action,” Franchisee shall reimburse Renton for a percentage of Renton’s total defense costs. The percentage of Renton’s total defense costs to be reimbursed shall be a percentage equal to the percentage (if any) of fault attributable to Franchisee for the claim or demand giving rise to such “suit or action.” 22.8 Survival: The provisions of this section shall survive the expiration or termination of this Franchise if the basis for any such claim, demand, suit or action as referenced in subsection 22.2 occurred during the Franchise term. 22.9 Negotiated: THE PARTIES HAVE SPECIFICALLY NEGOTIATED SECTION XXII, INDEMNIFICATION. SECTION XXIII. Insurance 23.1 Insurance Required: Franchisee shall procure and maintain for the duration of the Franchise, insurance, or provide evidence of self-insurance, against all claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the privileges granted by Franchise to Franchisee. Franchisee shall provide to Renton an insurance certificate, and/or a certificate of self-insurance, together with a blanket additional insured endorsement on the general and automotive liability policies, including Renton as an additional insured as their interest may appear under this Franchise 139 of 375 ORDINANCE NO. ________ 56 upon Franchisee’s acceptance of this Franchise, and such insurance certificate shall evidence the following coverages: a. Commercial general liability insurance, including but not limited to, blanket contractual, property damage, premises-operations, explosion, collapse and hazard, underground hazard (XCU) and products completed hazard, with limits of five million dollars ($5,000,000) for each occurrence for bodily injury and property damage and five million dollars ($5,000,000) general aggregate; b. Commercial automobile liability for owned, non-owned and hired vehicles with a combined single limit of three million dollars ($3,000,000) each accident for bodily injury and property damage; c. Worker’s Compensation within statutory limits consistent with the Industrial Insurance laws of the State of Washington; and d. Pollution liability with a limit not less than one million dollars ($1,000,000) for each occurrence, and two million dollars ($2,000,000) in the aggregate, for pollution condition arising out of or resulting from the use and occupancy of the premises and the operations conducted thereon. 23.2 Deductibles: All deductibles shall be the sole responsibility of Franchisee. The insurance certificate required by this section shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the aggregate limits of the insurer’s liability. 23.3 Additional Insured: Renton, its officers, officials, employees, and volunteers shall be included as an additional insured as their interest may appear under this Franchise 140 of 375 ORDINANCE NO. ________ 57 on the commercial general liability and commercial automobile liability insurance, as respects work performed by Franchisee and the blanket additional insured endorsement shall be included with on the certificate of insurance or certification of self-insurance. 23.4 Primary Insurance: Franchisee’s insurance shall be primary insurance with respect to Renton. Any insurance maintained by Renton shall be in excess of Franchisee’s insurance and shall not contribute with it. Franchisee shall give Renton thirty (30) days prior written notice by certified mail, return-receipt requested, of suspension, cancellation, or material change in coverage. 23.5 Cancellation: Upon receipt of notice from its insurer(s) Franchisee shall provide the City of Renton with thirty (30) days prior written notice of cancellation. In the event of cancellation or a decision not to renew, Franchisee shall obtain and furnish to Renton evidence of replacement insurance policies meeting the requirements of this section before the cancellation date. 23.6 Certificates and Endorsements: Franchisee shall furnish Renton with certificates of insurance evidencing the coverage or self-insurance required by this section upon acceptance of this Franchise. The certificates and blanket additional insured endorsement shall be signed by a person authorized by the insurer to bind coverage on its behalf and must be received and approved by Renton prior to the commencement of any Work. 23.7 Separate Coverage: Franchisee’s insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. 141 of 375 ORDINANCE NO. ________ 58 23.8 Survival: The indemnity and insurance provisions under Sections XXII and XXIII shall survive the termination of this Franchise and shall continue for as long as Franchisee’s Facilities remain in or on the Franchise Area or until the Parties execute a new Franchise that modifies or terminates these indemnity or insurance provisions. SECTION XXIV. Discrimination Prohibited 24.1 In connection with this Franchise, including and not limited to all Work, hiring and employment, neither Franchisee nor its employees, agents, contractor of any tier, volunteers or representatives shall discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment or in the administration of the delivery of services or any other benefits under this Franchise. Franchisee shall comply fully with all applicable Laws that prohibit such discrimination. A copy of this language must be made a part of an agreement with a contractor of any tier. SECTION XXV. Notice 25.1 Whenever notice to or notification by any Party is required, that notice shall be in writing and directed to the recipient at the address set forth below. Any notice or information required or permitted to be given to the Parties under this Franchise may be sent to following Addresses unless otherwise specified: 142 of 375 ORDINANCE NO. ________ 59 City Address: City of Renton ATTN: CED, Development Engineering, Franchise Permits 1055 S Grady Way Renton, WA 98057 City Contact: franchisepermits@rentonwa.gov 425.430.7240 City Public Works Improvement Project Contact: As specified in section 15.1.c Franchisee Address: 600 Fairview Road, Suite 300 Charlotte, NC 28210 Franchisee Permitting Contact: Kevin Folk Vice President / General Manager, Washington Region Kevin.Folk@ripplefiber.com 540.560.4650 Franchisee Emergency Contact: Lance Van Der Spuy President Lance@Ripplefiber.com 470.807.0922 25.2 If the date for making any payment or performing any act is a legal holiday, payment may be made or the act performed on the next succeeding business day which is not a legal holiday. 25.3 The Parties may change the address and representative by providing written notice of such change by accepted e-mail or certified mail. All notices shall be deemed complete upon actual receipt or refusal to accept delivery. Facsimile or a .pdf e-mailed transmission of any signed original document and retransmission of any signed facsimile transmission shall be the same as delivery of an original document. 143 of 375 ORDINANCE NO. ________ 60 SECTION XXVI. Miscellaneous 26.1 As Is: Franchisee agrees and accepts the Franchise Area in an “as is” condition. Franchisee agrees that Renton has never made any representations, implied or express warranties, or guarantees as to the suitability, security or safety of the location of Franchisee’s Facilities or the Franchise Area, or possible hazards or dangers arising from other uses or users of the Franchise Area, Rights-of Way, Public Property, and Public Ways including any use by Renton, the general public, or by other utilities. As to Renton and Franchisee, Franchisee shall remain solely and separately liable for the Work, function, testing, maintenance, replacement and/or repair of the Facilities or other activities permitted by this Franchise. 26.2 Assignees and Successors: This Franchise and all of the terms and provisions shall be binding upon and inure to the benefit of the Parties’ respective successors and assignees. 26.3 Attorneys’ Fees: Except as provided in Section XIX, if a suit or other action is instituted in connection with any controversy arising out of this Franchise, the prevailing party shall be entitled to recover all of its Costs, including such sum as the court may judge as reasonable for attorneys' fees, costs, expenses and attorneys' fees upon appeal of any judgment or ruling. 26.4 Conflicts: If there is a conflict between this and any previous Franchise between the Parties, the terms of this Franchise shall supersede the terms of the previous Franchise. 144 of 375 ORDINANCE NO. ________ 61 26.5 Contractors (of any tier): Franchisee’s contractors may act on Franchisee’s behalf to the extent that Franchisee permits its contractors to do so. Franchisee is responsible for ensuring that Franchisee’s contractors have every obligation, duty and responsibility that Franchisee has in discharging its duties related to this Franchise. Franchisee and Franchisee’s contractors shall acquire and maintain a City of Renton business license in accordance with RMC 5-5 as it exists or may be amended; Franchisee shall acquire and maintain a business license during the duration of the Franchise while contractors shall acquire and maintain a business license prior and during that time that any permit is active. 26.6 Eminent Domain: This Franchise shall not preclude a governmental body from acquiring the Franchise Area by lawful condemnation, or Renton from acquiring any portion of the Facilities by lawful condemnation. In determining the Facilities’ value, no value shall be attributed to the right to occupy the Franchise Area. 26.7 Force Majeure: In the event that Franchisee is prevented or delayed in the performance of any of its obligations under this Franchise by reason(s) beyond the reasonable control of Franchisee, then Franchisee’s performance shall be excused during the Force Majeure occurrence. Upon removal or termination of the Force Majeure occurrence Franchisee shall promptly perform the affected obligations in an orderly and expedited manner under this Franchise or procure a substitute for such obligation or performance that is satisfactory to Renton. Franchisee shall not be excused by mere economic hardship or by misfeasance or malfeasance of its directors, officers or employees. Events beyond Franchisee’s reasonable control include, but are not limited to, 145 of 375 ORDINANCE NO. ________ 62 Acts of God, war, acts of domestic terrorism or violence, civil commotion, labor disputes, strikes, earthquakes, fire, flood or other casualty, shortages of labor or materials, government regulations or restrictions and extreme weather conditions. Franchisee shall use all commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure event. 26.8 Forfeiture and Other Remedies: If Franchisee willfully violates or fails to comply with any of the Franchise provisions, or through willful or unreasonable negligence fails to heed or comply with any notice that Renton may give to Franchisee under the Franchise provisions, at the election of the Renton City Council, this Franchise may be revoked or annulled after a hearing held upon reasonable notice to Franchisee (which notice shall be given at least thirty (30) days before the hearing), and upon such revocation, all privileges conferred under this Franchise shall be forfeited. 26.9 Franchisee’s Acceptance: Renton may void this Franchise ordinance if Franchisee fails to file its unconditional acceptance of this Franchise within thirty (30) days from the final passage of same by the Renton City Council. Franchisee shall file this acceptance with the City Clerk of the City of Renton. 26.10 Governing Law: This Franchise shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 26.11 Jurisdiction and Venue: Any lawsuit or legal action brought by any party to enforce or interpret this Franchise or any of its terms or shall be in the United States District Court for the Western District of Washington, in Seattle, Washington, or in the King County 146 of 375 ORDINANCE NO. ________ 63 Superior Court for the State of Washington at the Maleng Regional Justice Center, Kent, Washington. 26.12 No Duty by Renton: This Franchise neither creates any duty by Renton nor any of its elected officials, agents, employees or representatives, and no liability arises from any action or inaction by Renton or any of its elected officials, agents, employees or representatives in the exercise of their powers or authority. Renton is not required to inspect or guarantee Franchisee’s Work. This Franchise is not intended to acknowledge, create, imply or expand any duty or liability of Renton with respect to any function in the exercise of its police power or for any other purpose. Any duty that may be deemed to be created in Renton by this Franchise shall be deemed a duty to the general public and not to any specific party, group or entity. 26.13 Notice of Tariff Changes: Franchisee shall, when making application for any changes in Tariffs affecting the provisions of the Franchise, notify Renton in writing of the application and provide Renton with a copy of the submitted application within five (5) calendar days of filing with the WUTC. Franchisee shall further provide Renton with a copy of any actual approved Tariff(s) affecting the provision of this Franchise. 26.14 Renton’s Police Powers: Nothing in this Franchise shall diminish, or eliminate, or be deemed to diminish or eliminate that governmental or police powers of Renton, including the right to create new Laws or modify existing Laws. 26.15 Public Document/Public Disclosure: This Franchise will be considered a public document and will be available for reasonable inspection and copying by the public 147 of 375 ORDINANCE NO. ________ 64 during regular business hours. This document may be disclosed pursuant to RCW 42.56 (Public Records Act). 26.16 Section Headings: The Section headings in this Franchise are for convenience only, and do not purport to and shall not be deemed to define, limit, or extend the scope or intent of the section to which they pertain. 26.17 Severability: In the event that a court or agency of competent jurisdiction declares a material provision of this Franchise to be invalid, illegal or unenforceable, the Parties shall negotiate in good faith and agree, to the maximum extent practicable in light of such determination, to such amendments or modifications as are appropriate so as to give effect to the intentions of the Parties. If severance from this Franchise of the particular provision(s) determined to be invalid, illegal or unenforceable will fundamentally impair the value of this Franchise, either Party may apply to the United States District Court for the Western District of Washington, in Seattle, Washington, or in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center, Kent, Washington to reform or reconstitute the Franchise so as to recapture the original intent of said particular provision(s). All other provisions of the Franchise shall remain in effect at all times during which negotiations or a judicial action remains pending. 26.18 Survival: With respect only to matters arising during the period of time this Franchise shall be in full force and effect, the Parties intend that any term or condition applicable to such matters shall survive the expiration or termination of this Franchise to the extent such survival can be reasonably inferred under the circumstances presented and to the extent such an inference is necessary to prevent substantial injustice to an injured party. 148 of 375 ORDINANCE NO. ________ 65 26.19 Third-Parties: The Parties do not create any obligation or liability, or promise any performance to, any Third-Party, nor have the Parties created any Third-Party right to enforce this Franchise beyond what is provided for by Laws. “Third-Parties” are any party other than Renton and Franchisee. This Franchise shall not release or discharge any obligation or liability of any Third-Party to either Party. 26.20 Time of the Essence: Whenever this Franchise sets forth a time for any act to be performed, such time shall be deemed to be of the essence, and any failure to perform within the allotted time may be considered a material violation of this Franchise. SECTION XXVII. Effective Date This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City’s official newspaper, and provided it has been duly accepted by Franchisee. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2026. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2026. Armondo Pavone, Mayor 149 of 375 ORDINANCE NO. ________ 66 Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD-CED:26ORD007:02-26-2026 [MPK Updated Template Approval 1.15.2026] 150 of 375 ORDINANCE NO. ________ 67 UNCONDITIONAL ACCEPTANCE The undersigned, Franchisee, accepts all the privileges of the above-granted franchise, subject to all the terms, conditions, and obligations of this Franchise. DATED: _________________, 20____. FRANCHISEE ________________________________ (Joshua Eric Runyan) ________________________________ (Chief Legal Officer) 151 of 375 ORDINANCE NO. ________ 68 Attachment 1 152 of 375 1 SUBJECT/TITLE:Server Purchase Authorization RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works STAFF CONTACT: William Adams, Civil Engineer 3 EXT.: 2067756862 The fiscal impact of the purchase of the two servers is not to exceed $232,184.70. This purchase will be funded under the Airport Security & Fence Upgrade project budget 422.725119, which has a 2025 balance budget of $1,640,933.65. During the Q1 budget adjustment period the airport will request this amount be appropriated back into this budget, so costs do not exceed the budget for the project. Due to security breaches resulting in a number of thefts at the airport in the last couple of years the Airport staff initiated a security review. One recommendation in this review was to increase camera and fencing infrastructure at a number of locations throughout the airport. The Airport Security & Fence Upgrade project (CAG-25-013) is currently underway and with it we anticipated the need for more server storage capacity for video storage. This need is driven by the 52 additional cameras being installed throughout the airport. The PW/Airport in collaboration with the Executive Services/ Information & Technology Division (IT) has received a quote from TRACE3 to supply all the necessary components for two servers. The quote received from TRACE3 follows the National Association of State Procurement Officials (NASPO) pre-negotiated discount price for local governments. Using a supplier that uses NASPO pricing guarantees we are getting the lowest price in the region. The IT and Airport divisions have collaborated to determine if a cloud storage option would be more economical. In this instance the physical server would be the only method to store the data from the cameras already purchased through the contractor. This falls in line with the rest of the city’s data storage methods. This work is due to be completed in the summer of 2026. Authorize the purchase of two servers in association with the Airport Security & Fence Upgrade City Council Regular Meeting FISCAL IMPACT SUMMARY: SUMMARY OF ACTION 153 of 375 2 project not to exceed amount of $232,184.70. STAFF RECOMMENDATION 154 of 375 HPE ProLiant DL380 Gen12 Video Servers - 3.84TB Options Quote # Trace3.171756.v3 Prepared for: City of Renton Brett Tietjen btietjen@rentonwa.gov 155 of 375 7505 Irvine Center Drive, Suite 100 Irvine, CA 92618 HPE ProLiant DL380 Gen12 w/3yr Support - 3.84TB Line #Qty Part Number Product Description Unit Price Ext. Price HPE (Server and Storage) NASPO MA#23008 NASPOVP WA - 5820-WA *** Sale price includes all shipping and handling charges. 1 2 P73283-B21 HPE DL380 Gen12 24SFF NC CTO Svr $1,452.06 $2,904.12 2 4 P74504-B21 INT Xeon 6507P CPU for HPE $619.76 $2,479.04 3 8 P69727-B21 HPE 32GB 2Rx8 PC5-6400B-R Smart Kit $934.52 $7,476.16 4 48 P40505-B21 HPE 3.84TB SATA MU SFF BC MV SSD $3,941.10 $189,172.80 5 2 P26262-B21 BCM 57414 10/25GbE 2p SFP28 Adptr $133.83 $267.66 6 2 P47777-B21 HPE MR416i-p Gen11 SPDM Storage Cntlr $594.73 $1,189.46 7 2 P01366-B21 HPE 96W Smart Stg Li-ion Batt 145mm Kit $24.96 $49.92 8 2 P48918-B21 HPE DL360 Gen11 Stg Cntrl Enable Cbl Kit $5.69 $11.38 9 2 P47781-B21 HPE MR416i-o Gen11 SPDM Storage Cntlr $495.60 $991.20 10 2 P51181-B21 BCM 5719 1Gb 4p BASE-T OCP Adptr $55.32 $110.64 11 4 P38997-B21 HPE 1600W FS Plat Ht Plg LH Pwr Sply Kit $99.46 $397.84 12 4 P78145-B21 HPE C13 - C14 250V 10A 2m FIO Pwr Cord $3.24 $12.96 13 2 E5Y43A HPE OV for DL 3y 24x7 FIO Phys 1 Svr Lic $348.52 $697.04 14 2 P72203-B21 HPE DL3XX/ML350 G12 CPU1/OCPB x8 Cbl Kit $18.00 $36.00 15 4 P76452-B21 HPE DL380 Gen12 8SFF UMB OROC Cbl Kit $15.52 $62.08 16 2 P76453-B21 HPE DL380 Gen12 8SFF UMB PCIe Cbl Kit $22.33 $44.66 Page: 2 of 5Trace3.171756.v3 156 of 375 7505 Irvine Center Drive, Suite 100 Irvine, CA 92618 HPE ProLiant DL380 Gen12 w/3yr Support - 3.84TB Line #Qty Part Number Product Description Unit Price Ext. Price 17 2 P35876-B21 HPE CE Mark Removal FIO Enable Kit $0.12 $0.24 18 4 P49145-B21 HPE DL380 Gen11 Std Heat Sink Kit $25.64 $102.56 19 2 P52341-B21 HPE DL3XX Gen11 Easy Install Rail 3 Kit $32.14 $64.28 20 2 P73325-B21 HPE Localization FIO Kit $0.79 $1.58 21 2 P74755-B21 HPE DL380 Gen12 NS204i-u Rear Enable Kit $20.35 $40.70 22 2 P78279-B21 HPE NS204i-u V2 Ht Plg Boot Opt Dev $336.13 $672.26 23 2 P79552-B21 HPE 30C Sys Inlet Op Temp Config Trk $0.25 $0.50 24 1 HA113A1 HPE Installation SVC $0.00 $0.00 25 2 HA113A1#5A6 HPE Proliant DL/ML Install SVC $183.12 $366.24 26 1 HU4A6A3 HPE 3Y Tech Care Essential SVC $0.00 $0.00 27 2 HU4A6A30C4V HPE DL380 Gen12 Support $1,485.29 $2,970.58 Subtotal:$210,121.90 Estimated Tax (Gen12) Line #Qty Part Number Product Description Unit Price Ext. Price 1 1 Estiamted Tax Estimated Tax for 98057 (Gen12)$22,062.80 $22,062.80 Subtotal:$22,062.80 Page: 3 of 5Trace3.171756.v3 157 of 375 7505 Irvine Center Drive, Suite 100 Irvine, CA 92618 Trace3 Sales Rep Additional Information Brandon Snyder Account Manager TRACE3 www.Trace3.com M: 503.758.7067 Pricing Disclaimer Additional Information Trace3 will use commercially reasonable efforts to maintain the prices quoted herein through the quote expiration date. Notwithstanding any other term or condition in this quote or any existing agreement applicable to this quote, Trace3 reserves the right to rescind this quote prior to the quote expiration date in the event of OEM (including distributors) price increases due to tariffs, in which case Trace3 will issue a new quote with revised pricing. Trace3 will use commercially reasonable efforts, but will not be obligated to, provide advance notice of such rescission. Page: 4 of 5Trace3.171756.v3 158 of 375 7505 Irvine Center Drive, Suite 100 Irvine, CA 92618 HPE ProLiant DL380 Gen12 Video Servers - 3.84TB Options Prepared by:Prepared for:Quote Information: Trace3 - Irvine City of Renton Trace3.171756.v3 Tiffany Weber tiffany.weber@trace3.com 1055 S. Grady Way Renton, WA 98057 Brett Tietjen btietjen@rentonwa.gov Quote Date: 02/24/2026 Expiration Date: 03/26/2026 Quote Summary Description Amount HPE ProLiant DL380 Gen12 w/3yr Support - 3.84TB $210,121.90 Estimated Tax (Gen12)$22,062.80 Total:$232,184.70 Upon client signatory’s execution of this Quote, he/she affirms that: 1. Client will purchase and pay Trace3 for the equipment and/or services referenced above; 2. Without a separate written agreement signed by Trace3 and client, equipment and/or services referenced above are provided solely subject to the terms of this Quote and the applicable terms and conditions located at http://www.trace3.com/legal 3. He/she is authorized to accept this Quote on behalf of client and has complied with all of client's business practices in making this purchase; 4. Unless specifically itemized, quoted amounts exclude shipping and sales taxes, which will be charged on all U.S. shipments; and 5. Client is responsible for submitting exemption certificates for sales tax-exempt purchases. 6. Use of the equipment and/or services referenced above is subject to the applicable end-user license agreement of the manufacturer. Page: 5 of 5Trace3.171756.v3 159 of 375 1 SUBJECT/TITLE:Amendment No. 1 to CAG-23-249 Federal Aviation Administration (FAA) Grant – Taxiway A Rehab RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works STAFF CONTACT: William Adams, Civil Engineer 3 EXT.: 2067756862 The fiscal impact of Amendment No. 1 to grant 3-53-0055-032-2023 with the Federal Aviation Administration is not to exceed $216,653. The maximum total compensation payable to the City of Renton is increased by $216,653 from $1,660,999 to $1,877,652. The total project costs are $2,086,280.41. Total grant amount is $1,877,652. The City of Renton was awarded an FAA grant in 2023 for the scope of CAG-23-128 A&E Professional Services Taxiway A Rehab with Century West Engineering in the amount of $1,660,999 that covered 90% of the eligible costs ($1,833,055) of design. This FAA Grant Amendment No. 1 covers approximately 86% of the costs incurred from Amendment No. 2 to CAG-23-128 A&E Professional Services with Century West Engineering ($250,796). The Airport is seeking to amend the FAA grant to cover the costs of the added effort (combine the original two scopes of construction work into a single scope). The FAA requested the city to have its design firm (Century West Engineering) perform this work in late 2024 and early 2025. The FAA instructed the city to request this grant amendment once all the work was completed. This work was completed in October of 2025. Authorize the Mayor and city clerk to execute Amendment No. 1 to Grant 3-53-0055-032-2023 (CAG-23- 249) with the Federal Aviation Administration in a not to exceed amount of $216,653 for engineering services associated with Taxiway Alpha Rehabilitation. City Council Regular Meeting FISCAL IMPACT SUMMARY: SUMMARY OF ACTION STAFF RECOMMENDATION 160 of 375 U.S. Department of Transportation Federal Aviation Administration Northwest Mountain Region Colorado ∙ Idaho ∙ Montana ∙ Oregon ∙ Utah Washington ∙ Wyoming Seattle Airports District Office 2200 S. 216th St. Des Moines, WA 98198 February 10, 2026 The Honorable Armondo Pavone Mayor of City of Renton Renton Municipal Airport 616 W Perimeter Rd, Unit A Renton, WA 98057 Airport: Renton Municipal Location: Renton, Washington Sponsor: City of Renton AIP: 3-53-0055-032-2023 Contract No. DOT-FA23NM-0074 UNIQUE ENTITY ID: UG2PSBS6UJJ3 Letter Amendment (Amendment No. 1) Dear Mayor Pavone; This is in response to the sponsor request dated October 10, 2025, requesting an amendment to the Grant Agreement for the subject AIP Project. You requested an increase in the maximum grant obligation of the United States, as set forth in the Grant Agreement accepted by the sponsor on July 5, 2023. This letter commits the FAA, acting for and on behalf of the United States of America, to increase the maximum obligation of the United States by $216,653 (from $1,660,999 to $1,877,652) to cover the Federal share of the total actual eligible and allowable project costs. Under the terms of the Grant Agreement, this document is incorporated into, and constitutes Letter Amendment No. 1 to the above referenced Grant Agreement. All other terms and conditions of the Grant Agreement remain in full force and effect. Sincerely, Jared Wingo Acting Manager Seattle ADO Digitally signed by JARED LEE WINGO Date: 2026.02.10 10:49:43 -08'00' 161 of 375 1 SUBJECT/TITLE:Agreement with New Generation Electric for EV Charger Installation at City Hall and Public Works Shops RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works STAFF CONTACT: Jeff Minisci, Facilities Director EXT.: 6612 The PW/ Facilities Division recommends a contract with New Generation Electric LLC to install electric vehicle (EV) chargers at City Hall and the Public Works Shops. To support this project, the city secured a $74,000.00 grant from the Washington State Department of Commerce (Exhibit C). The City also allocated $25,000.00 in matching funds as part of the grant application. The Public Works Facilities Division is now requesting an additional $140,000.00 as part of the 1st Quater Budget Adjustment to cover construction and EV charger subscription costs necessary for installation and use of these chargers. This brings the total fiscal impact of the project to $239,000.00 which includes: $165,738.98 – Construction and EV charger installation $24,366.16 – Construction contingency (15% of Contract Amount) $24,500.00 – Design professional services $12,624.00 – EV Charger network subscription and extended warranties $10,000.00 – City Staff Project Management Time $1,770.86 – Pre-design power monitoring The City has contracted design services and issued a bid for installation of EV Charging Infrastructure for current and future city electric vehicles. The city received 12 responses and recommends New Generation Electric LLC to construct the project. The project will install two dual-port EV chargers at each site, providing charging capacity for four parking stalls per location. In addition, the project includes installation of conduit and electrical capacity to support two future dual-port chargers, allowing an easy expansion of four additional EV-ready stalls at each site under a future contract. Upon authorization from the City Council, the Mayor and City Clerk will execute the construction contract with New Generation Electric, then the Public Works Department will issue a Notice to Proceed for construction. Installation of the chargers is scheduled to be completed by May 11, 2026. PW/Facilities recommend the City Council authorize the Mayor and City Clerk to execute the agreement with New Generation Electric LLC in the amount of $165,738.98 to provide and install EV chargers, power distribution equipment, electrical conduit and wiring, and data conduit for City Fleet use. Additionally, the Public Works Department recommends the Finance Committee approve an appropriation of $140,000.00 to fund completion of this project as part of the 1st Quarter Budget Adjustment. City Council Regular Meeting FISCAL IMPACT SUMMARY: SUMMARY OF ACTION STAFF RECOMMENDATION 162 of 375 SMALL PUBLIC WORKS CONTRACT AGREEMENT FOR EV CHARGER INSTALLATION AT CITY HALL AND PUBLIC WORKS SHOPS CAG-26-050 THIS AGREEMENT (“Agreement”) is made as of the 20 day of February, 2026, (the “Effective Date”) by and between the City of Renton, a non-charter code city under RCW 35A, and a Washington municipal corporation (“City”), Public Works Facilities Department and New Generation Electric, (“Contractor”), a Washington LLC who are collectively referred to as the “Parties”, to provide and install EV chargers, power distribution equipment, electrical conduit and wiring, and data conduit for City Fleet use. City and Contractor agree as set forth below. 1. Scope of Work : Contractor will provide all material and labor necessary to perform all work described in the Scope of Work which is attached and fully incorporated into this Agreement by reference as Exhibit “A”, “B”, “C” and “D”. 2. Changes in Scope of Work: City, without invalidating this Agreement, may order changes to the Scope of Work consisting of additions, deletions or modifications, the Agreement Sum being adjusted accordingly by Parties mutual agreement. Such changes in the work shall be authorized by written Change Order or Amendment signed by the Parties. 3. Time of Performance: Contractor shall commence performance of the Agreement no later than 10 calendar days after the Agreement’s Effective Date. The Contractor shall complete installation to allow full use and operation of all charging ports at both sites by May 11, 2026. Final completion of all closeout deliverables shall be completed by July 31, 2026. 4. Term of Agreement: The Term of this Agreement shall end at completion of the Scope of Work, no later than July 31, 2026. This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of City and Contractor. 5. Agreement Sum: The base bid for this Agreement is the Sum of $149,990.00 which excludes Washington State Sales Tax. The total amount of this Agreement is the sum of $165,738.95 which includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed amount based on changes to the Scope of Work. 6. Consideration: In exchange for Contractor’s performance of the items and responsibilities identified in the Scope of Work, City agrees to make payment of the amount identified as the Agreement Sum. 163 of 375 PAGE 2 OF 11 7. Prevailing Wage/ Method of Payment/ Retainage/ Bonding: Payment by the City for the Work will only be made after the Work has been performed and a voucher or invoice is submitted in a form acceptable to the City. A. Prevailing Wage Rates: Contractor must comply with the State of Washington prevailing wage requirements. Contractor must file an Intent To Pay Prevailing Wage at the beginning of the project and an Affidavit of Wages Paid at the end of the project with the Washington State Department of Labor and Industries. The State of Washington prevailing wage rates applicable for this project, which is located in King County, may be found at the following website address of the Department of Labor and Industries: http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp Pursuant to WAC 296-127-011, the applicable effective date for prevailing wage rates paid for the duration of this contract shall be the date the contract is executed as reflected in the “Effective Date” identified at the top of the first page of this Agreement. Upon request, the City will provide a copy of the applicable prevailing wages for this project. Alternatively, the rates may be viewed at the City of Renton City Hall by making an appointment with the contact person identified herein or prior to contract award with the contact person identified as the City of Renton contact in Paragraph 15 Notices of this agreement. B. Retainage held by the City or in Escrow Account: Pursuant to RCW Chapter 60.28, a sum equal to five percent (5%) of the monies earned by the Contractor will be retained from payments made by the City to the Contractor under this Contract. This retainage shall be used as a trust fund for the protection and payment (1) to the State with respect to taxes imposed pursuant to RCW Title 82 and (2) the claims of any person arising under the Contract. Monies retained under the provisions of RCW Chapter 60.28 shall be: Contractor must pick one – if contractor does not pick one then the first option (retainage held in a fund by the City) applies. _______ Retained in a fund by the City. or ________ Deposited by the City in an escrow (interest-bearing) account in a bank, mutual saving bank, or savings and loan association (interest on monies so 164 of 375 PAGE 3 OF 11 retained shall be paid to the Contractor). Deposits are to be in the name of the City and are not to be allowed to be withdrawn without the City’s written authorization. The City will issue a check representing the sum of the monies reserved, payable to the bank or trust company. Such check shall be converted into bonds and securities chosen by the Contractor as the interest accrues. At or before the time the Contract is executed, the Contractor shall designate the option desired. The Contractor in choosing option (2) agrees to assume full responsibility to pay all costs that may accrue from escrow services, brokerage charges or both, and further agrees to assume all risks in connection with the investment of the retained percentages in securities. The City may also, at its option, accept a bond in lieu of retainage. C. For Agreements over $150,000: Pursuant to RCW 60.28 and 39.08 The City requires a 5 % Retainage be withheld and that the Contractor will provide a Performance and Payment (Contract) Bond on the City approved form upon execution of the Agreement. Payment of the initial 95% will be made in the next pay cycle of the Renton Finance Department after receipt of such voucher or invoice (pay cycles are bi-weekly). The remaining 5% will be retained for the purpose of completion of the project and fulfillment of claims and liens. D. For Agreements under $150,000 Pursuant to RCW 60.28 and 39.08 the City requires a 5 % Retainage be withheld and that the Contractor will provide either a Performance and Payment (Contract) Bond on the City approved form upon execution of the Agreement or waive the payment and performance bond and instead the City will retain 10%. Payment of the initial 95% will be made in the next pay cycle of the Renton Finance Department after receipt of such voucher or invoice (pay cycles are bi-weekly). The remaining 5% will be retained for the purpose of completion of the project and fulfillment of claims and liens. (Unless the Contractor waives the payment and performance bond below and opts for a 10% retainage below.) Contractor must pick one – if contractor does not pick one then the first option (5% retainage with contract bond) applies: _______ To provide a payment and performance bond (contract bond) in the amount of 100% of the estimate including taxes with a 5% retainage. or 165 of 375 PAGE 4 OF 11 ___X___ To waive a payment and performance bond (contract bond) and instead the city will retain the remaining 10% will be retained for the purpose of completion of the project and fulfillment of claims and liens. E. City shall have the right to withhold payment to Contractor for any work not completed in a satisfactory manner until such time as Contractor modifies such work so that the same is satisfactory. F. Final Acceptance. Final Acceptance of the Project occurs when the Public Works Director has determined that the Project is one hundred percent (100%) complete and has been constructed in accordance with the Plans and Specifications. G. Payment in the Event of Termination. In the event this Contract is terminated by the either party, the Contractor shall not be entitled to receive any further amounts due under this Contract until the work specified in the Scope of Work is satisfactorily completed, as scheduled, up to the date of termination. At such time, if the unpaid balance of the amount to be paid under the Contract exceeds the expense incurred by the City in finishing the work, and all damages sustained by the City or which may be sustained by the City or which may be sustained by the reason of such refusal, neglect, failure or discontinuance of Contractor performing the work, such excess shall be paid by the City to the Contractor. If the City’s expense and damages exceed the unpaid balance, Contractor and his surety shall be jointly and severally liable therefore to the City and shall pay such difference to the City. Such expense and damages shall include all reasonable legal expenses and costs incurred by the City to protect the rights and interests of the City under the Contract. 8. Hold Harmless: Contractor shall indemnify, defend and hold harmless City, its elected officials, officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion of the same, including but not limited to reasonable attorneys’ fees, legal expenses and litigation costs, arising from injury or death to persons, including injuries, sickness, disease or death of Contractor’s own employees, agents and volunteers, or damage to property caused by Contractor’s negligent act or omission, except for those acts caused by or resulting from a negligent act or omission by City and its officers, agents, employees and volunteers. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the 166 of 375 PAGE 5 OF 11 contractor and City, its officers, officials, employees and volunteers, Contractor’s liability shall be only to the extent of Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Contractor’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance: Contractor shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. Professional liability insurance, in the minimum amount of $1,000,000 for each occurrence, shall also be secured for any professional services being provided to City that are excluded in the commercial general liability insurance. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Contractor’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. It is agreed that on Contractor’s commercial general liability policy, the City of Renton will be named as an Additional Insured on a non-contributory primary basis. City’s insurance policies shall not be a source for payment of any Contractor liability. F. Subject to City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to City before executing the work of this Agreement. G. Contractor shall provide City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. H. Additional Insurance if marked as “Required” by City: 1. ☐ Required. Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub-contractors in the work. Builders Risk insurance shall be on a special perils policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, and 167 of 375 PAGE 6 OF 11 collapse. The Builders Risk insurance shall include coverage for temporary buildings, debris removal and damage to materials in transit or stored off- site. This Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. 2. ☐ Required. Contractors Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. Contractors Pollution Liability insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Contractors Pollution Liability shall cover bodily injury, property damage, cleanup costs and defense including costs and expenses incurred in the investigation, defense, or settlement of claims. If the Contractors Pollution Liability insurance is written on a claims-made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under the contract is completed. The City shall be named by endorsement as an additional insured on the Contractors Pollution Liability insurance policy. If the scope of services as defined in this contract includes the disposal of any hazardous materials from the job site, the Contractor must furnish to the City evidence of Pollution Liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting waste under this contract. Coverage certified to the Public Entity under this paragraph must be maintained in minimum amounts of $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Pollution Liability coverage at least as broad as that provided under ISO Pollution Liability-Broadened Coverage for Covered Autos Endorsement CA 99 48 shall be provided and the Motor Carrier Act Endorsement (MCS 90) shall be attached. 168 of 375 PAGE 7 OF 11 10. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Contractor agrees as follows: A. Contractor, and Contractor’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If Contractor fails to comply with any of this Agreement’s non-discrimination provisions, City shall have the right, at its option, to cancel the Agreement in whole or in part. D. Contractor is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws and worker's compensation. 11. Independent Contractor: Contractor’s employees, while engaged in the performance of any of Contractor’s Work under this Agreement, shall be considered employees of the Contractor and not employees, agents, representatives of City and as a result, shall not be entitled to any coverage or benefits from the City of Renton. Contractor’s relation to City shall be at all times as an independent contractor. Any and all Workman’s Compensation Act claims on behalf of Contractor employees, and any and all claims made by a third-party as a consequence of any negligent act or omission on the part of Contractor’s employees, while engaged in Work provided to be rendered under this Agreement, shall be the solely Contractor’s obligation and responsibility. 169 of 375 PAGE 8 OF 11 12. City of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://www.rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=9824882 Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing-business/register-my-business 13. Record Keeping and Reporting: Contractor shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement. The Contractor agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). 14. Public Records Compliance. To the full extent the City determines necessary to comply with the Washington State Public Records Act, Contractor shall make a due diligent search of all records in its possession, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Contractor believes said records need to be protected from disclosure, it shall, at Contractor’s own expense, seek judicial protection. Contractor shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Contractor has responsive records and for which Contractor has withheld records or information contained therein, or not provided them to the City in a timely manner. Contractor shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. 15. Other Provisions: A. Administration and Notices. Each individual executing this Agreement on behalf of City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of City or Contractor. Notice: Except for Service of Process in a legal proceeding, any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) calendar days after the date of mailing. Email notice will be deemed received the date of the email so long 170 of 375 PAGE 9 OF 11 as sent before 12:00 noon on a business day, if after 12:00 Noon it will be deemed received the next business day – a copy of email notice must be mailed as set forth above. This Agreement shall be administered by and any notices should be sent to the undersigned individuals or their designees. CITY OF RENTON Jack Odell 1055 South Grady Way Renton, WA 98057 Phone: (425) 566-9187 jodell@rentonwa.gov CONTRACTOR Win Thant 1207 N Landing Way, #1075 Renton, WA 98057 Phone: (206) 910-1212 admin@ngeelectric.com And to: City Clerk cityclerk@rentonwa.gov B. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. C. Assignment and Subcontract. Contractor shall not assign or subcontract any portion of this Agreement without the City of Renton’s prior express written consent. D. Compliance with Laws. Contractor and all of the Contractor’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. A copy of this language must be made a part of any contractor or subcontractor agreement. E. Conflicts. In the event of any inconsistencies between contractor proposals and this contract, the terms of this contract shall prevail. F. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. G. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. 171 of 375 PAGE 10 OF 11 H. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Contractor hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Contractor is a foreign corporation not registered with the State of Washington. I. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. J. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either City or Contractor from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. M. Additional Terms. This contract binds the Contractor and all of its subcontractors to applicable terms of the City’s Interagency Agreement with Washington State Department of Commerce (“Commerce”), included as CAG-24-236 Exhibit C. including but not limited to: a. PDF Page 6 Paragraph 1. i. “COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor’s performance of the subcontract.” b. PDF Page 9. i. “Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Contract performed by subcontractors and the portion of Contract funds expended for work performed by subcontractors, 172 of 375 PAGE 11 OF 11 including but not necessarily limited to minority-owned, woman- owned, and veteran-owned business subcontractors. ‘Subcontractors’ shall mean subcontractors of any tier.” c. PDF Page 21 Paragraph 4.1.1. i. “The Grantee shall comply with prevailing wage requirements as detailed in this agreement, and/or as required by law.” d. PDF Page 9 and PDF Page 27. i. The Contractor shall meet or exceed an electrical apprenticeship utilization rate of 15%. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective Date. CITY OF RENTON _____________________________ CONTRACTOR ____________________________ Armondo Pavone, Mayor 1055 South Grady Way Renton, WA 98057 _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk ____________________________ Date Approved as to Legal Form Cheryl L. Beyer 2-19-26 (3704) Cheryl L. Beyer Senior Assistant City Attorney Small works Contract 8-1-24 CLB 2-19-26 NS 3704 02/20/2026 173 of 375 Public Works Maintenance Shop 3555 NE 2nd St, Renton, WA 98056 Renton City Hall - Level S1 1055 S Grady Way, Renton, WA 98057 New chargers to be installed under Contract Easy expansion for additional chargers under future contract New Chargers to be installed under Contract Easy expansion for additional chargers under future contract Existing Charger Exhibit A - Charger Site Map 174 of 375 Bid Tabulations Exhibit E B 175 of 375 ENERGY DIVISION Energy Contracts Routing Slip Reviewed by I verify that: Initials PROGRAM MANAGER x Any and all changes made are within my delegated authority and responsibilities x Fund source reviewed and contract amount approved x If applicable, fund allocation spreadsheet emailed to appropriate staff x Fund obligation discussed, reviewed and memo approved by leadership and appointing authority prior to routing contract or amendment, if applicable BUDGET STAFF x Any and all changes made are within my delegated authority and responsibilities x Reviewed allotment authority and coding x Appropriate award paperwork in place, if applicable x Reviewed contract/amendment entry in CMS MANAGING DIRECTOR x Any and all changes made are within my delegated authority and responsibilities x Fund source, contract terms, scope of work reviewed and approved x Final review before appointing authority signature ASSISTANT DIRECTOR cc: Energy Admin Lead Alternate: Deputy Assistant Director on behalf of AD x Contract, amendment, or memo approved and signed by the Approving Authority Signature on document] Instructions: Use this slip when soliciting any signature from the Energy Assistant Director or Deputy Assistant Director Attach this slip to the top of your DocuSign envelope before any additional materials When routing, only staff implicated in a request need to initial this slip. Inapplicable initial cells may be left empty The DocuSign envelope should be context complete and all relevant explanatory material attached Questions? Contact your Unit Admin or the Energy Admin Lead ENERGY CONTRACTS ROUTING SLIP 1 V3.1 CAG-24-236 Exhibit C 176 of 375 Interagency Agreement with City Of Renton through Washington Electric Vehicle Charging Program (WAEVCP) Contract Number: 24-92802-023 For City of Renton Fleet Depot Charging- 2 Sites Dated: Tuesday, October 1, 2024 177 of 375 Page 2 of 25 Table of Contents TABLE OF CONTENTS .............................................................................................................................................. 2 FACE SHEET ............................................................................................................................................................ 4 PROGRAM SPECIFIC TERMS AND CONDITIONS ...................................................................................................... 5 1. SUBCONTRACTING(REPLACESGENERALTERMSANDCONDITIONS#15) ....................................................... 5 2. TREATMENTOFASSETS(REPLACESGENERALTERMSANDCONDITIONS#20) ................................................ 5 3. ACKNOWLEDGEMENTOFCLIMATECOMMITMENTACTFUNDING ................................................................. 6 4. UNILATERALAMENDMENT ............................................................................................................................. 6 SPECIAL TERMS AND CONDITIONS ......................................................................................................................... 7 1. AUTHORITY ...................................................................................................................................................... 7 2. CONTRACTMANAGEMENT ............................................................................................................................. 7 3. COMPENSATION .............................................................................................................................................. 7 4. BILLINGPROCEDURESANDPAYMENT ............................................................................................................. 8 5. SUBCONTRACTORDATACOLLECTION ............................................................................................................. 8 6. INSURANCE ...................................................................................................................................................... 9 7. FRAUDANDOTHERLOSSREPORTING ............................................................................................................. 9 8. ORDEROFPRECEDENCE .................................................................................................................................. 9 GENERAL TERMS AND CONDITIONS ..................................................................................................................... 10 1. DEFINITIONS .................................................................................................................................................. 10 2. ALLWRITINGSCONTAINEDHEREIN ............................................................................................................... 12 3. AMENDMENTS .............................................................................................................................................. 12 4. ASSIGNMENT ................................................................................................................................................. 12 5. CONFIDENTIALITYANDSAFEGUARDINGOFINFORMATION ......................................................................... 12 6. COPYRIGHT .................................................................................................................................................... 13 7. DISPUTES ....................................................................................................................................................... 13 8. GOVERNINGLAWANDVENUE ...................................................................................................................... 13 9. INDEMNIFICATION ........................................................................................................................................ 13 10. LICENSING,ACCREDITATIONANDREGISTRATION ......................................................................................... 13 11. RECAPTURE.................................................................................................................................................... 14 12. RECORDSMAINTENANCE .............................................................................................................................. 14 13. SAVINGS ........................................................................................................................................................ 14 14. SEVERABILITY ................................................................................................................................................. 14 15. SUBCONTRACTING(REPLACEDBYPROGRAM-SPECIFICTERMSANDCONDITIONS#1) ................................. 14 16. SURVIVAL ....................................................................................................................................................... 15 17. TERMINATIONFORCAUSE............................................................................................................................. 15 18. TERMINATIONFORCONVENIENCE ................................................................................................................ 15 19. TERMINATIONPROCEDURES ......................................................................................................................... 15 20. TREATMENTOFASSETS(REPLACEDBYPROGRAM-SPECIFICTERMSANDCONDITIONS#2) ......................... 16 21. WAIVER ......................................................................................................................................................... 16 ATTACHMENT A: SCOPE OF WORK....................................................................................................................... 17 1. PROJECT OVERVIEW .......................................................................................................................................... 17 2. PROJECT MANAGEMENT .................................................................................................................................... 17 3. EQUIPMENT REQUIREMENTS .............................................................................................................................. 19 178 of 375 Page 3 of 25 4. INSTALLATION REQUIREMENTS .......................................................................................................................... 20 5. OPERATIONS AND MAINTENANCE REQUIREMENTS ............................................................................................ 21 6. SCOPE OF WORK VIOLATIONS ............................................................................................................................ 23 ATTACHMENT B: BUDGET .................................................................................................................................... 24 179 of 375 Page 4 of 25 Face Sheet Contract Number: 24-92802-023 Energy Division, Clean Transportation Unit Washington Electric Vehicle Charging Program (WAEVCP) 1. Contractor 2. Contractor Doing Business As (as applicable) City Of Renton 1055 S Grady Way Renton WA 98057 N/A 3. Contractor Representative 4. COMMERCE Representative Emily Morton Sustainability Specialist 425-430-7381 emorton@rentonwa.gov Crystal Ralkey Contract Manger 360-725-5027 Crystal.Ralkey@commerce.wa.gov 1011 Plum St SE PO Box 42525 Olympia, WA 98504-2525 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date 74,000.00 Federal:State:Other: N/A: 10/01/2024 09/26/2025 Provided that funds are re-appropriated into the next biennium. 9. Federal Funds (as applicable) N/A Federal Agency: N/A ALN N/A 10. Tax ID # 11. SWV # 12. UBI # 13. UEI # 91-6001271 SWV0012200-11 177-000-094 UG2PSBS6UJJ3 14. Contract Purpose To Install 8 L2 Ports on 2 Site in King County COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents incorporated by reference: Contractor Terms and Conditions including Attachment “A” – Scope of Work, Attachment “B” – Budget, Attachment “C” – Site List, Attachment “D” – Sample Application Manual. FOR CONTRACTOR FOR COMMERCE Armondo Pavone, Mayor Signature Date Michael Furze, Assistant Director Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE 180 of 375 Page 5 of 25 Program Specific Terms and Conditions 1. SUBCONTRACTING (REPLACES GENERAL TERMS AND CONDITIONS #15) The Grantee shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Grantee to amend its subcontracting procedures as they relate to this Agreement; (b) prohibit the Grantee from subcontracting with a particular person or entity; or (c) require the Grantee to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Agreement. The Grantee is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Agreement. The Grantee shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Agreement. In no event shall the existence of a subcontract operate to release or reduce the liability of the Grantee to COMMERCE for any breach in the performance of the Grantee’s duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor’s performance of the subcontract. 2. TREATMENT OF ASSETS (REPLACES GENERAL TERMS AND CONDITIONS #20) The parties do not anticipate that Commerce will furnish property (other than the state funds granted herein) to Grantee for use in Grantee’s performance under this Agreement; provided, however, that title to any other property that may be so furnished by Commerce shall remain in Commerce. Commerce claims no ownership for the materials, goods, or services purchased by the Grantee for the completion of this Agreement, regardless of reimbursement status under this agreement. A. Any property of Commerce furnished to the Grantee shall, unless otherwise provided herein or approved by Commerce, be used only for the performance of this agreement. Signature Cynthia Moya, City Clerk Date Signature Jason Seth, City Clerk Date 181 of 375 Page 6 of 25 B. The Grantee shall be responsible for any loss or damage to property of Commerce that results from the negligence of the Grantee or which results from the failure on the part of the Grantee to maintain and administer that property in accordance with sound management practices. C. If any Commerce property is lost, destroyed or damaged, the Grantee shall immediately notify Commerce and shall take all reasonable steps to protect the property from further damage. D. The Grantee shall surrender to Commerce all property of Commerce prior to settlement upon completion, termination or cancellation of this agreement All reference to the Grantee under this clause shall also include Grantee’s employees, agents or subcontractors. 3. ACKNOWLEDGEMENT OF CLIMATE COMMITMENT ACT FUNDING If this Agreement is funded in whole or in part by the Climate Commitment Act, Grantee agrees that any website, announcement, press release, and/or publication (written, visual, or sound) used for media-related activities, publicity, and public outreach issued by or on behalf of Grantee which reference programs or projects funded in whole or in part with Washington’s Climate Commitment Act CCA) funds under this Grant, shall contain the following statement: The [PROGRAM NAME / GRANT / ETC.] is supported with funding from Washington’s Climate Commitment Act. The CCA supports Washington’s climate action efforts by putting cap-and-invest dollars to work reducing climate pollution, creating jobs, and improving public health. Information about the CCA is available at www.climate.wa.gov.” The Grantee agrees to ensure coordinated Climate Commitment Act branding on work completed by or on behalf of the Grantee. The CCA logo must be used in the following circumstances, consistent with the branding guidelines posted at CCA brand toolkit, including: A. Any project related website or webpage that includes logos from other funding partners; B. Any publication materials that include logos from other funding partners; C. Any on-site signage including pre-during Construction signage and permanent signage at completed project sites; and D. Any equipment purchased with CCA funding through a generally visible decal 4. UNILATERAL AMENDMENT Commerce may, at any time, by written notification to Contractor, unilaterally amend the scope of work to be performed under this Contract, the period of performance, the site list (Attachment C), and/or the contract amount and budget. These unilateral changes shall be effective as set forth in the amendment or upon signature by Commerce, if no date has been set forth. Contractor will be deemed to have accepted any such unilateral amendment unless, within 15 calendar days after the date the amendment is signed by Commerce, the Contractor notifies Commerce in writing of its non-acceptance of such unilateral change. The Contractor and Commerce will then use good faith efforts to negotiate an amendment acceptable to both parties. Failure to reach agreement shall constitute a dispute concerning a question of fact within the meaning of the Disputes provision contained in this Contract. However, nothing in this provision shall excuse the Contractor from proceeding with the Contract as amended. Contractor must continue to provide the contracted services, including any unilaterally amended services, during any period of non-acceptance or negotiation of a unilateral amendment. 182 of 375 Page 7 of 25 Special Terms and Conditions 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW. 2. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3. COMPENSATION COMMERCE shall pay an amount not to exceed $74,000.00 for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work. 4. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION (REPLACES GENERAL TERMS AND CONDITIONS #5) A. “Confidential Information” as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as “confidential” by COMMERCE; ii. All material produced by the Contractor that is designated as “confidential” by COMMERCE; and iii. All Personal Information in the possession of the Contractor that may not be disclosed under state or federal law. B. Both parties shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 183 of 375 Page 8 of 25 D. COMMERCE and Contractor are both public agencies which must comply with all requirements of the Washington State Public Records Act, Chapter 42.56 RCW. 5. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE via the Commerce Contracts Management System, which is available through the Secure Access Washington (SAW) portal. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number 24- 92802-023. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Invoices and End of Fiscal Year Invoices are due on the 20th of the month following the provision of services. Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date. The Contractor must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until acceptance by COMMERCE of the final report (or completion of the project, etc.). 6. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Contract performed by subcontractors and the portion of Contract funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman-owned, and veteran-owned business subcontractors. Subcontractors” shall mean subcontractors of any tier. 184 of 375 Page 9 of 25 7. INSURANCE Each party certifies that it is self-insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. 8. FRAUD AND OTHER LOSS REPORTING Contractor shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. 9. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: xx Applicable federal and state of Washington statutes and regulations x Program Specific Terms and Conditions x Special Terms and Conditions x General Terms and Conditions x Attachment A – Scope of Work x Attachment B – Budget x Attachment C – Site List x Attachment D – Sample Application Manual 185 of 375 Page 10 of 25 General Terms and Conditions 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. “Authority having jurisdiction (AHJ)” shall mean the organization, office, or individual responsible for issuing permits, approving layout drawings, enforcing the requirements of a code or standard or approving materials, an installation, or a procedure. B. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to act on the Director’s behalf. C. “COMMERCE” shall mean the Washington Department of Commerce. D. “Central system” shall mean the central system that communicates with one or more chargers, for example, to authorize users, monitor charger status, and/or collect, transmit, record, and manage other information. E. “Chargers” shall have the same meaning as “electric vehicle supply equipment (EVSE)”. The physical unit controlling the power supply to one or more vehicles during a charging session. F. “Charging ports” shall mean an access point for electric vehicle charging that is equivalent to the number of vehicles that can be charged at the listed power level concurrently at the same charger. A single charger may have one or multiple charging ports, and a single charging port may have one or multiple connectors. G. “Combined Charging Standard (CCS)” shall mean the plug standardized as SAE J1772 Combo delivering DCFC power between the charger and the on-board vehicle charging equipment. H. “Contract” or “Agreement” or “Grant” means the entire written agreement between COMMERCE and the Contractor, including any Attachments, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. I. "Contractor" or “Grantee” shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. J. “Direct current fast charger (DCFC)” shall mean EVSE that supplies at least 100 kilowatts (kW) of electricity through each charging port during a charging session. K. “Downtime” shall mean time during which a charging port is not operational as defined in Attachment A: Scope of Work. L. “Electric vehicle supply equipment (EVSE)” shall have the same meaning as “charger”. The physical unit controlling the power supply to one or more vehicles during a charging session. M. “Failed charging session” shall mean an incident when the criteria for a successful charging session are not met following a charging attempt. N. “Labor hours” shall mean the total hours of workers receiving an hourly wage who are directly employed on a project site. O. “Level 2 charger” shall mean EVSE that supplies at least 7.2 kW of electricity through each charging port during a charging session. P. “Multifamily mapping tool” shall mean the mapping tool developed and provided by Commerce during the application phase to determine scoring for multifamily project sites. Q. “North American Charging Standard (NACS) connectors” shall mean the plug, currently being standardized as SAE J3400 and also known as the Tesla charging standard, delivering power between the charger and the on-board vehicle charging equipment 186 of 375 Page 11 of 25 R. “Office of Minority and Women’s Business Enterprises (OMWBE) contractor” shall mean small businesses owned and controlled by minority, women, and socially and economically disadvantaged persons as certified by OMWBE. S. “Open Charge Point Interface (OCPI)” shall mean a communications protocol between charging network central management systems intended to facilitate customers roaming between networks. T. “Open Charge Point Protocol (OCPP)” shall mean an open-source communication protocol that specifies communication between chargers and the charging networks that remotely manage the chargers. U. “Operational or in operation” shall have the following meaning: A charging port is considered operational or in operation when its hardware and software are both online and available for use, or in use, and the charging port successfully dispenses electricity as expected. V. “Overburdened community” shall mean a Census tract with a rating of 9 or 10 on the Environmental Health Disparities map as maintained by the Washington State Department of Health. W. “Preventive maintenance” shall mean any maintenance that is carried out prior to failure detection and is aimed at preventing a charging port from becoming non-operational. X. “Personal Information” shall mean information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers, and “Protected Health Information” under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). Y. “Project Labor Agreement (PLA)” shall mean pre-hire collective bargaining agreements negotiated between one or more construction unions and one or more construction employers subcontractors) that establish the terms and conditions of employment for a specific construction project. Z. “Project site” shall have the same meaning as a charging station. A single property parcel, or part of a single property parcel, where one or more EVSE funded by the Washington Electric Vehicle Charging Program are located. A project site includes the EVSE, ports, connectors, parking areas served by the EVSE, and lanes for vehicle ingress and egress. AA. “Public mapping tool” shall mean the mapping tool developed and provided by Commerce during the application phase to determine scoring for publicly available project sites. BB. “Society of Automotive Engineers (SAE) J1772 connectors” shall mean the plug standardized as SAE J1772 delivering Level 2 power between the charger and the on-board vehicle charging equipment. CC. “Site owner” shall mean the property owner of the land where the charger is physically located. The site owner may or may not be the owner of the charger. DD. “Site number” shall mean the number assigned to each site during application submission that will be used for identification throughout this contract. “State” shall mean the state of Washington. EE. “Stub-out” shall mean a combination of electrical equipment on the customer side of an electrical meter, including all the panel upgrades, trenching, conduit, and wiring, needed for a new charger to be installed later without any additional construction work. A “stub-out” typically ends with at least two inches (2”) of a spare run of conduit with accessible pull rope and is capped off to protect it from the elements. FF. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tier. 187 of 375 Page 12 of 25 GG. “Successful charging session" shall mean an incident when, following a charge attempt, a customer’s electric vehicle battery is charged to the state of charge the customer desires and is disconnected manually by the customer or by the EV’s onboard software system terminating the charging session, without an additional charge attempt. HH. “UL" shall mean the entity, formerly known as “Underwriters Laboratories”, that provides testing and certifications for product safety. Level 2 EVSE must meet UL 2594 certification, and DCFC EVSE must meet UL 2202 or UL 9741, as determined by a nationally recognized testing laboratory (NRTL) participating in the Occupational Safety and Health Administration NRTL program. II. “Underserved community" shall mean a Census tract with a rating of 9 or 10 on the underserved” scoring factor as defined in the application manual and determined on the public mapping tool. JJ. “Uptime" shall mean time during which a charging port is operational as defined in ATTACHMENT A: SCOPE OF WORK 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION (REPLACED BY PROGRAM-SPECIFIC TERMS AND CONDITIONS #4) A. “Confidential Information” as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as “confidential” by COMMERCE; ii. All material produced by the Contractor that is designated as “confidential” by COMMERCE; and iii. All Personal Information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably 188 of 375 Page 13 of 25 determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered “works for hire” under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. Materials” means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty- free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 189 of 375 Page 14 of 25 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 15. SUBCONTRACTING (REPLACED BY PROGRAM-SPECIFIC TERMS AND CONDITIONS #1) The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor’s duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor’s performance of the subcontract. 190 of 375 Page 15 of 25 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a “Termination for Convenience” if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in addition to any other rights and remedies, provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days’ written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; 191 of 375 Page 16 of 25 B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which COMMERCE has or may acquire an interest. 20. TREATMENT OF ASSETS (REPLACED BY PROGRAM-SPECIFIC TERMS AND CONDITIONS #2) Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract. E. All reference to the Contractor under this clause shall also include Contractor’s employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. 192 of 375 Page 17 of 25 Attachment A: Scope of Work Terms used in Attachment A: Scope of Work (Scope of Work) shall have the same meaning as in subsection 2.1 DEFINITIONS in the GENERAL TERMS AND CONDITIONS. 1. Project overview 1.1 Purpose The purpose of this contract is as described on the Face Sheet of this contract. 1.2 Partners The Grantee shall include an updated list of project partners in the project management report and all subsequent quarterly report updates. 1.3 Site list The Grantee shall complete installations for the sites, chargers, ports, connectors, and stub-outs as detailed in Attachment C: Site List. The Grantee may request changes to sites and equipment consistent with the change order process as detailed in subsection 2.3 of the Scope of Work. 2. Project management 2.1 Project kickoff The Grantee shall identify a primary point of contact to COMMERCE, including name, email address, and phone number, and attend a “kickoff” webinar or meeting with COMMERCE within 30 days of contract execution to discuss contract requirements and grantee expectations. 2.2 Project management report The Grantee shall submit a project management report to COMMERCE within 60 days of contract execution, using a template provided by COMMERCE, to describe planned project activities and milestones broken out by site. The report shall align with Attachment B: Budget and describe any changes to expected costs and funds following contract execution. The report will also describe plans to comply with funding requirements and state and federal laws and regulations, including but not limited to the Americans with Disabilities Act (ADA). The Grantee shall issue updates to the project management report on a quarterly basis to COMMERCE, starting no later than four months following contract execution and until all sites are fully installed and a final report has been submitted and approved. The quarterly report shall be submitted no later than 15 days after the end of each quarter, using the reporting template provided by COMMERCE. 2.2.1 Project activities and milestones The Grantee shall include project activities and milestones achieved to date and anticipated in the next quarter, and any changes to the project management report, project partner list, risks and issues mitigated, and lessons learned. Activities and milestones must include: x Information received from the electric utility serving each project site on expected electrical make-ready (on both the utility and customer sides of point of service delivery) and interconnection activities, costs, and timing. x Expected permitting activities, costs, and timing. 193 of 375 Page 18 of 25 2.2.2 Project expenditures The Grantee shall include an updated milestone/invoicing schedule with invoices completed to date and anticipated milestone completion dates for the duration of the grant. While Commerce does not anticipate requiring more detailed expenditure information as part of quarterly reporting, Grantee shall maintain project fiscal records in alignment with Generally Accepted Accounting Principles (GAAP) and in sufficient detail to show that a) grant funding has been spent only on eligible costs as outlined in Attachment D: Sample Application Manual, and b) grant funds have not been comingled with any non-grant (match) funds. 2.3 Change orders Changes to Attachment A: Scope of Work and/or Attachment C: Site List may be requested by the Grantee using the change order request template provided by COMMERCE. Within the limits defined in Subsections 2.3.1-2.3.4 of Attachment A: Scope of Work, Commerce may consider and accept such changes. For change order forms affecting only information contained in Attachment A: Scope of Work and/or Attachment C: Site List , a change order will be considered to be accepted by COMMERCE once the applicable COMMERCE representative has signed the form. Change orders affecting contract information outside of Attachment A: Scope of Work and/or Attachment C: Site List (including but not limited to: grant amount, start date, or end date) require a formal contract amendment. 2.3.1 Grant amounts Change orders may be accepted by COMMERCE if such orders change the scope of work in a way that requires a lower or same COMMERCE grant amount as the current contract. Commerce will not consider change order requests if the scope of work changes such that projects can only be successfully completed with a higher grant amount than the original contract. Change orders that remove sites, reduce the quantity of charging ports, or result in removed adders must also reduce the maximum grant amount in this contract consistent with the award process as detailed in the Attachment D: Sample Application Manual. 2.3.2 Site changes The Grantee may request changes to one or multiple sites, including site removal, following contract execution for consideration by COMMERCE. COMMERCE may choose to accept or reject requests for any reason. COMMERCE will only consider site change requests if they meet one or more of the following conditions: x The Grantee has exhausted all reasonable options to make the original site work and COMMERCE has determined that project success is either impossible or unlikely to occur; x Ownership of the original site changes, or site owner no longer agrees to host chargers on their property; x Conditions of the original site change such that a charger installation on the site can no longer satisfy all requirements of the contract; or x Previously anticipated non-program funding is no longer available to support the site. COMMERCE will only consider site change requests that move grant funding from one or multiple sites to new one or multiple sites if new identified sites have the same or higher score on the site- related scoring criteria (as described in Attachment D: Sample Application Manual), as described in the application manual, as the lowest score receiving an award. 194 of 375 Page 19 of 25 The Grantee may request site changes in any combination as long as the new project sites can be completed with costs eligible for reimbursement within the current grant amount as outlined in Attachment D: Sample Application Manual. 2.3.3 Charging port quantity changes The Grantee may request changes to the quantity of equipment to be installed, including Level 2 charging ports, DCFC charging ports, and stub-outs, in one or multiple sites following contract execution for consideration by COMMERCE. COMMERCE may choose to accept or reject requests for any reason. COMMERCE will only consider equipment quantity change requests if: x New information learned by the Grantee following contract execution indicates site conditions will add cost or otherwise add risk to project success if contract implementation moves forward unchanged; x The requested new quantity of Level 2 charging ports, DCFC charging ports, and combination of Level 2 and DCFC charging ports at each affected site does not exceed limits as described by the application manual; and x The project site score for all affected sites continues to be the same or higher on the site- related scoring criteria (as described in Attachment D: Sample Application Manual) as the lowest score receiving an award. 2.3.4 Scope of Work requirement exemptions The Grantee may request exemptions to equipment, installation, and operations and maintenance requirements in Attachment A: Scope of Work following contract execution for consideration by COMMERCE. COMMERCE may choose to accept or reject requests for any reason. 2.4 Progress meetings The Grantee shall participate in any progress calls requested by COMMERCE, to be scheduled within a month of the request. 2.5 Project final report The Grantee shall submit a final report to COMMERCE that: x Describes the project’s purpose, approach, activities performed, results; and x Includes the project’s maintenance and operations service contract or plan. 3. Equipment requirements 3.1 Chargers 3.1.2 Level 2 chargers All Level 2 chargers installed at covered project sites shall: x Be networked through Wi-Fi, cellular (4G and above), or Ethernet; x Be capable of at least a 7.2 kW power output; x If requiring payment, have a mobile payment device physically located on each charger dispenser or on a kiosk serving the charger dispensers. This requirement only applies to publicly available chargers, not residential or fleet/workplace, unless those projects will be publicly available in addition to their residential/work purpose x Be capable of using OCPP 1.6 or later; x Be capable of using OCPI version 2.1.1 or 2.2 standards; x Be ENERGY STAR certified in the ENERGY STAR product database; 195 of 375 Page 20 of 25 x Be certified by a nationally recognized testing laboratory to UL 2594; and x Comply with all relevant state laws and rules in effect, including but not limited to Department of Agriculture rules in WAC 16-662-200, WAC 16-662-210, WAC 16-662-215, and WAC 16- 662-220. All public site (as defined in Attachment D: Sample Application Manual) Level 2 chargers installed at covered project sites shall: x Support remote start capabilities for, at minimum, payment via a toll-free number; and x Not require a membership for use. 3.1.2 DCFC chargers All DCFC chargers installed at covered project sites shall: x Be networked through Wi-Fi, cellular (4G and above), or Ethernet; x Be capable of at least a 100 kW power output; x Support remote start capabilities for, at minimum, payment via a toll-free number; x If requiring payment, have a mobile payment device physically located on each charger dispenser or on a kiosk serving the charger dispensers; x Not require a membership for payment. x Be capable of using OCPP 1.6 or later; x Be capable of using OCPI version 2.1.1 or 2.2 standards; x Be certified by a nationally recognized testing laboratory to UL 2202 or UL 9741; and x Comply with all relevant state laws and rules in effect, including but not limited to Department of Agriculture rules in WAC 16-662-200, WAC 16-662-210, WAC 16-662-215, and WAC 16- 662-220. 3.2 Connectors At least 33% of Level 2 connectors at each project site must be SAE J1772 connectors, and at least 33% of DCFC connectors at each project site must be CCS1 connectors. Connector types other than SAE J1772, CCS1, and NACS may be installed at project sites, but are not factored into the grant award amount. 3.3 Stub-outs The Grantee shall only receive reimbursement for costs on up to three stub-outs per site as listed in Attachment C: Site List. To qualify for the future proofing adder, Level 2 installations must either meet the definition above or install a Level 2 receptacle. DCFC stub-out installations must meet the definition of Stub Out” in subsection 2.1 DEFINITIONS in the GENERAL TERMS AND CONDITIONS of this contract. 4. Installation requirements 4.1 Labor requirements 4.1.1 Prevailing wage The Grantee shall comply with prevailing wage requirements as detailed in this agreement, and/or as required by law. 4.1.2 Electrical apprenticeship utilization rate The Grantee shall meet or exceed an electrical apprenticeship utilization rate specified for each site in Attachment C: Site List. This requirement shall be waived by COMMERCE if the Grantee demonstrates that one electrician is sufficient to complete all work required by the contract. 196 of 375 Page 21 of 25 Electrical apprentices must be enrolled in an apprenticeship program registered with the Department of Labor and Industries to count towards the utilization rate. The utilization rate shall be calculated as a percent of the total labor hours performed by electrical apprentices divided by the total labor hours performed by all electrical workers, including apprentice and journey level workers, employed upon all project sites covered in the contract. Grantee shall submit, on a site-by-site basis, total labor hours by all electrical contractor workers, total labor hours by electrical apprentices, and apprentice identification for all electrical apprentices working on the grant project to COMMERCE in quarterly reports as required in Section 4 of Attachment A: Scope of Work. 4.1.3 Project labor agreement If the Grantee committed to using project labor agreements in their application, the Grantee shall submit to COMMERCE a project labor agreement or agreements covering project sites for which such a commitment was made. All project labor agreements must have been made with at least one labor union, regional council, or association affiliated with the Washington State Building and Construction Trades Council. For any sites covered by a project labor agreement, neither site preparation nor construction work may begin until a project labor agreement is in place. 4.1.4 Office of Minority and Women’s Business Enterprises certified contractor If, in their grant application, the Grantee committed to contracting with Office of Minority and Women’s Business Enterprises (OWMBE)-certified contractor(s), the Grantee shall hire one or more contractors to complete work on the covered project sites that are certified as small businesses owned and controlled by minority, women, and socially and economically disadvantaged persons by the Office of Minority and Women’s Business Enterprises. The Grantee shall note such contractors on their project management report and quarterly report updates. 4.2 Installation deadlines The Grantee shall complete installation and begin operations of all charging ports on each project site according to the required timelines: x Level 2 charging ports only: within 270 days following contract execution; x DCFC charging ports only: 580 days following contract execution; and x Combination of at least one Level 2 charging port and at least one DCFC charging port: within 580 days following contract execution. The Grantee may request extensions and COMMERCE may grant extensions consistent with Section 2.4 of Attachment A: Scope of Work. 5. Operations and maintenance requirements 5.1 Operations and maintenance service agreements The Grantee shall enter into an operations and maintenance service contract, including a Service Level Agreement (SLA), with a qualified partner to meet requirements of this section of the scope of work. COMMERCE may waive this requirement if the Grantee demonstrates qualifications and a plan to perform this task without contracting with an external partner. 5.2 Operations requirements 5.2.1 Operations duration 197 of 375 Page 22 of 25 The Grantee shall maintain reliable operations of all Level 2 charging ports during all typical project site operational hours for at least four years, and all DCFC charging ports for at least six years, following their first day of operations. 5.2.2 Uptime The Grantee shall ensure all charging ports installed are operational no fewer than 97 percent of the charging site’s standard hours of operation, as measured by uptime percentage rate, throughout the each charging port’s required operations duration. Uptime percentage rate shall be calculated as with: x U = Uptime reporting percentage for the reporting period. x T = Total time of project site operational hours during the reporting period. x D = Total downtime during the reporting period, including excluded downtime. x E = Excluded downtime during the reporting period. Downtime shall be measured as any period of time within the standard hours of operation in which a charger is not operational, including: x A period in which the charging port’s response to the central system’s request for notification of operative status indicates that the connector or charging port is in an inoperative state; and x A period in which maintenance logs show initial notice of a physical or otherwise non-networked issue that results in an non-operational status prior until maintenance logs show repairs have returned the charging port to an operational status. Excluded downtime shall be defined as a period of downtime caused by any of the following reasons: x Downtime before initial installation; x Electric grid power loss that cuts off power supply to the charging port; x Any failure to charge due to the fault of the vehicle; x Preventive maintenance, up to 24 hours per year; x Physical damage to hardware caused by a third party, including vandalism or theft, up to five days for each event; x Telecommunication network outages beyond the control of the Grantee; and x Extraordinary events, including natural disasters that are unforeseeable and impossible to plan for in advance. 5.3 Maintenance requirements The Grantee shall: x Perform regular preventive maintenance, including visual inspection, performance testing, functional validation, and reporting; x Monitor network performance; x Dispatch maintenance technicians in a timely manner and address malfunctions and repairs within 48 hours of initial notice; and x Provide charging station users with call center service at all times of operation that will assist users with any technical issues encountered at the stations. 5.4 Distribution of educational materials The Grantee shall work with site owners to ensure residents of multifamily buildings and/or employees at commercial buildings served by multifamily and workplace project sites (as defined in Attachment D: Sample Application Manual) under this contract are aware of the opportunity to use chargers. To satisfy this requirement, the Grantee shall ensure partner site owners distribute educational materials to residents and/ or employees and offer timely responses to questions on use of chargers. 198 of 375 Page 23 of 25 The Grantee shall ensure any educational materials distributed to residents of multifamily buildings and/or employees at commercial buildings meet requirements detailed in the term “Acknowledgement of Climate Commitment Act Funding” of this agreement. This requirement does not apply if the contract does not include any multifamily or workplace project sites. 5.5 Utilization and reliability reporting requirements Following submission of the final report, the Grantee shall submit an operations report with data on each charger once every six months until the end of the operational duration. The Grantee shall submit the report no later than 15 days after the end of each six-month period with the following data for the quarter and cumulatively over total operations: x Average hours per day the charger drew power. x Average hours per day the charger was connected to an electric vehicle. x Average kWh per day the charger port dispensed. x Uptime percentage rate per charger, with all data needed to verify calculations including an itemized summary of the date, duration, and category all excluded downtime being claimed for a reporting period. x The percentage of successful charging sessions to the total number of charge attempts for each charger. x All instances of preventative maintenance. x Time log with information on reported charger malfunctions and corresponding repairs. x Proof of network monitoring and call center service. 6. Scope of work violations Nothing in subsections 6.1-6.3 shall be interpreted to limit, alter, or supersede Commerce’s rights under the GENERAL TERMS AND CONDITIONS, SPECIAL TERMS AND CONDITIONS, and the PROGRAM SPECIFIC TERMS AND CONDITIONS of this agreement. 6.1 Failure to submit reports or attend meetings Failure to submit required reports or attend required meetings will be treated as a default, which left uncured, may result in COMMERCE’s right to recapture disbursed funds and terminate any obligation to disburse additional funds. 6.2 Violation of equipment and installation requirements Costs incurred on any activity subject to this contract that result in a violation of requirements, including variances from project information in the scope of work, shall be considered disallowed costs and treated as a default, which left uncured, may result in COMMERCE’s right to recoup disbursed funds and terminate any obligation to disburse additional funds for the site(s) for which the violation occurred. 6.3 Violation of operations and maintenance requirements The first failure to meet operations and maintenance requirements will result in a warning and required improvement plan explaining how improvement will be made in future reporting periods. Repeat violations will result in COMMERCE’s right to recoup up to ten percent of disbursed project costs. 199 of 375 P a g e 24 o f 25 At t a c h m e n t B B u d g e t Si t e M i l e s t o n e M i l e s t o n e D e l i v e ra b l e D e l i v e r a b l e D e s c r i p t i o n Ex p e c t e d Co m p l e t i o n Pe r c e n t o f Gr a n t Bu d g e t Ap p l i c a n t Ma t c h Am o u n t o f Gr a n t 0 Pr o j e c t Ma n a g e m e n t P l a n n i n g 11 2 0 2 4 10 7,4 0 0 0 0 Pr o j e c t m a n a g e m e n t r e p o r t Pr o j e c t m a n a g e m e n t r e p o r t c o m p l e t e d m e e t i n g al l r e q u i r e m e n t s d e s c r i b e d i n A t t a c h m e n t A Sc o p e o f W o r k Fl e e t S i t e 1 51 1 6 0 0 0 0 0 3 7 8 0 0 0 0 F1 A Pr o c u r e s e r v i c e s n e e d e d f o r in s t a l l a t i o n Co p y o f s u b c o n t r a c t f o r i n s t a l l a t i o n s e r v i c e s 10 2 0 2 4 1 1 3 4 0 0 0 F1 B Pr o c u r e E V C h a r g i n g eq u i p m e n t Pa i d E V C h a r g i n g e q u i p m e n t i n v o i c e 01 2 0 2 5 1 1 3 4 0 0 0 F1 C Si t e C o m p l e t i o n R e p o r t Ph o t o s o f c o m p l e t e d s i t e i n s t a l l a t i o n w i t h a l l in s t a l l e d E V C h a r g i n g E q u i p m e n t a n d s t u b o u t s a s a p p l i c a b l e C o p i e s o f c o m p l e t e d co n s t r u c t i o n a n d c o m m i s s i o n i n g r e p o r t s 0 3 2 0 2 5 1 5 1 2 0 0 0 Fl e e t S i t e 2 39 9 0 0 0 0 0 2 8 8 0 0 0 0 F2 A Pr o c u r e s e r v i c e s n e e d e d f o r in s t a l l a t i o n Co p y o f s u b c o n t r a c t f o r i n s t a l l a t i o n s e r v i c e s 10 2 0 2 4 8 6 4 0 0 0 F2 B Pr o c u r e E V C h a r g i n g eq u i p m e n t Pa i d E V C h a r g i n g e q u i p m e n t i n v o i c e 01 2 0 2 5 8 6 4 0 0 0 F2 C Si t e C o m p l e t i o n R e p o r t Ph o t o s o f c o m p l e t e d s i t e i n s t a l l a t i o n w i t h a l l in s t a l l e d E V C h a r g i n g E q u i p m e n t a n d s t u b o u t s a s a p p l i c a b l e C o p i e s o f c o m p l e t e d co n s t r u c t i o n a n d c o m m i s s i o n i n g r e p o r t s 03 2 0 2 5 1 1 5 2 0 0 0 To t a l s 1 0 0 2 5 0 0 0 0 0 7 4 0 0 0 0 0 Gr a n t Am o u n t 7 4 0 0 0 0 0 Pr o j e c t To t a l 9 9 0 0 0 0 0 200 of 375 P a g e 25 o f 25 201 of 375 Si t e S i t e h o s t o r g a n i z a t i o n S i t e T y p e A d d r e s s C i t y C o u n t y Z i p c o d e P a rc e l I D Nu m b e r of D C F C ch a r g e rs Nu m b e r of D C F C po r t s Mi n i m u m n u m b e r of J 1 7 7 2 C o n n e c t o r s pe r s i t e Nu m b e r of L e v e l 2 ch a r g e rs Nu m b e r of L e v e l 2 p o r t s Mi n i m u m nu m b e r o f C C S Co n n e c t o r s p e r si t e To t a l nu m b e r of s t u b ou t s Nu m b e r o f st u b o u t s f o r fu t u r e D C F C ch a r g e rs Nu m b e r o f st u b o u t s f o r fu tu r e L e v e l 2 ch a rg e r s Co m m i t m e n t t o Ap p r e n t i c e s h i p La b o r Co m m i t m e n t t o Us e P r o j e c t L a b o r Ag r e e m e n t Co m m i t m e n t to C o n t r a c t wi t h M W B E SI T E 1 C I T Y O F R E N T O N F l e e t 1 0 5 5 S O U T H G R A D Y W A Y R E N T O N K in g 9 8 0 5 7 1 7 2 3 0 5 9 0 2 3 0 0 2 2 4 0 2 0 2 1 5 N O N O SI T E 2 C I T Y O F R E N T O N F l e e t 3 5 5 5 N O R T H E A S T 2 N D S T R E E T R E N T O N K i n g 9 8 0 5 6 1 6 2 3 0 5 9 1 2 3 0 0 2 2 4 0 2 0 2 1 5 N O N O 202 of 375 1 Appendix D: Washington EV Charging Program Applicaon Manual 05/16/2024 203 of 375 2 Contents Program Overview ........................................................................................................................................ 3 Applicaon Process .................................................................................................................................. 3 Eligible Applicants .................................................................................................................................... 4 Funding Award Disbursement Schedule ...................................................................................................... 5 Reuired Compleon Timelines ............................................................................................................... 6 Project Priories and Funding Distribuon ................................................................................................. 6 Eligible Site Types Denions ................................................................................................................. 6 Eligible Project Status ................................................................................................................................... 7 Eligible Costs ................................................................................................................................................. 7 Ineligible Costs .......................................................................................................................................... 8 WAEVCP Other Incenve Programs ..................................................................................................... 8 Matching Funds ........................................................................................................................................ 8 Scoring .......................................................................................................................................................... 9 Residenal – Mulfamily Housing ........................................................................................................... 9 Fleet Depots & Workplaces .................................................................................................................... 11 Incenve Structure ..................................................................................................................................... 12 Award Caps ............................................................................................................................................. 13 Installaon Details – Minimum & Maximum Charging Ports ............................................................... 14 Installaon Details – Maximum Awards Per Site Examples .................................................................. 14 Percentage of Eligible Costs Covered ..................................................................................................... 14 Equipment Requirements .......................................................................................................................... 14 Installaon Requirements .......................................................................................................................... 15 Operaonal Requirements ......................................................................................................................... 17 Network Requirements .............................................................................................................................. 18 Denions ........................................................................................................................................ 18 204 of 375 3 PProgram Overview The Washington State Electric Vehicle Charging Program (“WAEVCP” or “Program”) was created by Governor Inslee, the Washington State Legislature, and the Washington State Department of Commerce for a cleaner, greener future. This Program aims to reduce greenhouse gas emissions and fossil fuels, improve air quality, and promote equity in access to electric vehicle charging infrastructure. This Program provides $64 million in awards to eligible applicants who install electric vehicle (“EV”) chargers at eligible sites, with a focus on installations of chargers at priority sites. Priority sites include multifamily housing, public charging locations, tribal communities, and other historically underserved and overburdened communities. The WAEVCP aims to allocate forty percent (40%) of total funding, and total project-funded charging ports, to sites in overburdened communities outside of federally recognized tribal lands. Both Level 2 (“L2”) and DC Fast Charging (“DCFC”) funds/ports will be considered towards this goal. The Department of Commerce contracted with Center for Sustainable Energy (“CSE”), The Whitener Group (“TWG”), and Western Washington Clean Cities Coalition (“WWCCC”) to serve as Technical Assistance Partners for the administration of this Program. Technical Assistance Partners will assist Commerce with sharing information about the program and provide support services for applicants and grantees. WAEVCP has specific equipment requirements, eligible costs, scoring methodology, and outreach resources. WAEVCP supports installations at existing and new development. For new development sites, WAEVCP only funds chargers that exceed the minimum requirements of the applicable building codes. Following the announcement of the funding opportunity on August 15, 2023, the WAEVCP will follow this schedule of key dates: Milestone Date Applicaons open Inial Technical Assistance Services September 6 –December 1, 2023 Webinar #1 September 13, 2023 Webinar #2 October 11, 2023 Webinar #3 November 14, 2023 Applicaons due December 1, 2023 Applicaon review period December 1, 2023 –January 16, 2024 Award date February 26, 2024 Secondary Technical Assistance Period January 16 –June 30, 2024 iaon Proess Applicaons may be submied by a lead agency from the Eligible Applicant List below. The lead agency should be able to communicate regularly with the Department of Commerce, submit informaon on planned installaons and their progress, and manage administrave needs. An applicaon can contain requests for funding for mulple sites. Sites will be scored individually and funded individually. Applicants can apply between September 6 and December 1, 2023. There is no nancial or other incenve to apply early – this is not a rst-come, rst-serve program. This Program uses a scoring matrix that does not award any points based on submission me or day. All applicaons must be received by 205 of 375 4 December 1, 2023. Applicants are encouraged to aend a webinar to learn about the program requirements and technical assistance resources. Applicaons will be available through the oom Grants plaorm beginning September 6, 2023. A link to Zoom Grants will be available on the main program website, www.waevcharging.org (Click Apply buons) and below for reference: x Applicaon document link: hps://www.zoomgrants.com/zgf/Washington_State_Dept._of_Commerce/EV_Charging_Infrast ructure_Grants. To complete the applicaon document, applicants must ulize the Mapping Tools for the appropriate site type. The Mapping Tool helps automate several key site scores and has a printable Site Report to assist applicants with data entry. The Mapping Tools are available at the links below and via links within the Applicaon Document. x Residenal Tool for Mulfamily Housing Sites: https://bit.ly/EV-Residential-Grant-App x Public Tool for All Other Sites: https://bit.ly/EV-Public-Grant-App Partner organizaons that are supporng the installaon should be included in the applicaon document. The local retail electric ulity must be added as a partner on each site in an applicaon. Applicants must upload their applicaon document back to Zoom Grants. Applicants are responsible for ensuring that their applicaon informaon is correct and responding to any requests for addional informaon from the Department of Commerce. The Department of Commerce will contact applicants with any claricaons needed on their applicaon. Selected applicants will need to complete a contract with the Department of Commerce to nalize their award. As part of the contract process, applicants will be required to submit addional documents and informaon to the Department of Commerce to verify their organizaon type, project details, and other applicaon content. A list of required informaon will be available at the me of the awards Technical assistance will be available between September 6 and December 1, 2023, for any applicant, and between the date of awards and June 30, 2024 for applicants who were awarded funding. EEligible Applicants Lead Applicants Lead Applicants should provide details on their proposed installaon in the Applicaon Document available on Zoom Grants here: hps://www.zoomgrants.com/zgf/Washington_State_Dept._of_Commerce/EV_Charging_Infrastructure Grants. Lead applicants can only submit one (1) applicaon per county, and must be one of the following: x Public Agencies: Cies, towns, counes, public school districts or special schools, transportaon planning organizaons, transportaon authories or agencies, municipal corporaons, port districts or authories, polical subdivision of any type, or any other enes or authories of local government in corporate form or otherwise. x Tribal En es: 206 of 375 5 o Sites: Sites on the lands of federally recognized tribes, or an enterprise located o tribal land and owned by a federally recognized tribe. o Applicants: Federally recognized tribes. x Retail Electric Ulies: Any electrical company, public ulity district, irrigaon district, port district, electric cooperave, or municipal electric ulity that is engaged in the business of distribung electricity to retail electric customers in the state, per RCW 80.60.010. x Community-Based Non-Prots: IRC § 501(c)(3) organizaons or labor unions represenng geographic, racial, ethnic, cultural, or worker communies within Washington state. If an eligible lead applicant is looking for local site hosts or partner organizaons, including EV service providers, they can view the free Potenal Site Host Partner Directory on the program website Resource Library Page: hps://waevcharging.org/resource. Building owners/managers or EV service provider companies will need to partner with an eligible lead applicant, as listed above. Building owners/managers, EV service provider companies and others who are not eligible lead applicants can enter their informaon on the Interested Partners Site Hosts Directory so that lead applicants can contact them to partner on an applicaon. Interested Partners & Site Hosts Directory is located on the WAEVCP website Resources Page: hps://waevcharging.org/resource. Partner Applicants Partner Applicants can be added to any applicaon as an addional interested party and can be any of the eligible applicant types or a designated representave of the site. x In the case that an applicaon contains a Lead Applicant that is not a Retail Electric Ulity, a Retail Electric Ulity must be listed as a partner on the applicaon. Any applicaon that does not contain a Retail Electric Ulity as a Lead or Partner Applicant may be considered ineligible. FFunding Award Disbursement Schedule Award funds will be distributed to applicants that are selected and contract with Commerce (grantees) on a per-site basis. The schedule for funds disbursement will be issued as per a schedule outlined in the contract. Award funds will not be provided via a lump sum at the me of award noce or at contract execuon. All funding is on a reimbursement basis. Reimbursements will be made based on approved invoicing and document requirements. Grantees must demonstrate that an invoice was paid before it is submied for reimbursement. Required compleon melines for all installaons are outlined below. The contract between the lead applicant and the Department of Commerce will have addional requirements, documentaon needs, regular reporng, and other crical informaon such as required compleon melines and ongoing maintenance and operaon reporng. All funding is subject to state appropriaon and grantees are to receive Program funds on a reimbursement basis. 207 of 375 6 ZZeuired Compleon dimelines Funded installaons must be completed according to the schedule below, starng at the contract start date. Extensions may be granted on a case-by-case basis at the sole discreon of the Department of Commerce in the event it is determined that the required compleon meline is not feasible. Applicaons needing an extension should contact their assigned contract specialist for any quesons post-award. Installaon Type Compleon Timeline from contract start date) Level 2 Chargers 270 Calendar Days DC Fast Chargers 580 Calendar Days Combinaon Sites (Level 2 and DC Fast Chargers) 580 Calendar Days Proect Priories and Funding Distribuon Eligible Site Type Funding Available Percent of Program Funding Charger Types Mul-Family Housing $28,800,000 45% Level 2 Public Charging $25,600,000 40%Level 2 and DC Fast Charger Fleet Depots & Workplaces 9,600,000 15% Level 2 All Eligible Site Types $64,000,000 100% Eligible Site Types Denions Eligible Site Type Denion Mul-Family Housing A residenal development with ve or more units. Hotels and motels do not qualify as mulfamily housing. Public Charging To be considered publicly available, an EV charging staon must not be located behind a fence or in a gated parking lot, such that the general public is unable to access or is deterred from accessing during normal operaonal hours for the site (generally excluding 10pm-5am). Businesses may clarify their operaonal hours and will be held responsible should actual access does not align with this provision and may be asked to provide documentaon supporng their operaonal hours. Operaonal hours to be idened in applicaon. Fleet Depot A parking facility intended primarily for a collecon of motor vehicles owned or leased by an organizaon in pursuit of its business acvies or services provided. Both public and private eet depots are eligible. If the installaons purpose is for personal vehicles of employees, the site must qualify as a workplace use. Fleet depot installaons do not need to be available to the public. 208 of 375 7 Workplace A workplace is a non-residenal site locaon, where business is conducted or where services or industrial operaons are performed. Residenal properes are not eligible as a workplace regardless of their use as a place of business. Chargers may be public or private and must be shared use meaning that the chargers are not assigned to a single employee, or subset or employees at the site, and are available as a community resource for the site). Workplace installaons do not need to be available to the public. EEligible Project Status To be eligible for this Program, planning must begin aer September 6, 2023. No construcon is to begin before the contract execuon date. The purpose of this requirement is to ensure that funds are distributed to projects that would not otherwise be installed without the Program. Eligible Costs Eligible costs are those incurred on/aer the Commerce contract start date and do not exceed maximum allowable award per charging port and per charger. x Design/Planning/Engineering o Capacity analyses for the charging staon site. o Design and engineering for the charging staon. o Project management. o Electrical perming. o Construcon perming. x Installaon o Charging staon installaon labor, including, but not limited to: Grading. Trenching. Wiring. Filling. Paving. Sealing. Mounng. Commissioning. Any of the above acvies related to the compleon of eligible stub outs. o Charging staon installaon materials, including, but not limited to: Concrete. Asphalt. Rebar. Formwork. Conduit. Drainage equipment. Installaon equipment. Any of the above material, as needed for the compleon of eligible stub outs. o Project-related signage, bollards, wheel stops, painng, and striping. o Required ADA upgrades to site due to project. 209 of 375 8 o Does not include upgrades of exisng ADA non-compliance. x Electrical Equipment o Eligible equipment (EVSE) that meets equipment requirements. o Ulity-side and customer-side make-ready, including, but not limited to: Transformers. Electrical panels/switchgear. Cable/Wires. Addional make-ready equipment needed for eligible stub-outs. x Emergency shut-o or e-stop equipment required at each site, not necessarily on each charging staon. x Energy storage equipment. x All-inclusive solar EV charging systems. x Load/demand management equipment. x Ongoing Services (networking, load management, maintenance, etc.) o Network service agreements with network provider. o Service level agreements, including the following services for the installed equipment: Remote monitoring. Preventave maintenance. Repair. o Extended equipment warranes. o Load/demand management soware and services. x Safety and Security o Lighng. o Cameras, and any signage related to cameras. o Integrated soluons for the prevenon of vandalism. IIneligible Costs x Costs not specied in the Eligible Costs List above unless otherwise approved by the Department of Commerce. x Costs covered by other incenves/grants. x Costs incurred prior to the contract award date with the Department of Commerce. x Costs for EV charging ports that are required by state building code (applies to new developments only). WAEVCP & Other Incenve Programs Combining funds received through the WAEVCP with other incenves is allowed, though the aggregate amount of incenve funding received for each charging staon cannot exceed the costs incurred for the corresponding charging staon. Grantees will be asked to document parcipaon in other programs as part of the applicaon process. Matching Funds The applicaon document asks whether the applicant will be contribung any matching funds to the installaon project. Matching funds are not required. however, the seventy-ve percent (75%) eligible cost cap outlined in the Incenve Structure secon below means that for non-tribal, non-mulfamily 210 of 375 9 sites, the program award can only cover up to seventy-ve percent (75%) of project costs. This means that the applicant, if a grantee, would need to nd a way to cover the remaining twenty-ve percent 25%) of costs, which could be in the form of other grants or incenves. SScoring Scoring is done on a per-site basis. An applicaon can contain mulple sites of any eligible site type. There is no minimum score. Scoring includes data from the Mapping Tool and other key informaon about the proposed installaon. Applicants must use the relevant Mapping Tool while compleng their applicaon and have the details ready if requested. The applicaon document contains drop-down menus and other automaon to reduce data entry by applicants. Technical assistance is available to any applicant between September 6 and December 1, 2023. All scoring will be veried by the Department of Commerce during applicaon review. Mapping Tool Links: x Residenal Tool for Mulfamily Housing Sites: hps://bit.ly/EV-Residenal-Grant-App x Public Tool for All Other Sites: hps://bit.ly/EV-Public-Grant-App Zesidenal – Mulamily ,ousing Factor Metric Points Percen t Housing aordability WTN Unaordability of Housing Score Mulply score by 3 tdE hŽ Ž Ž Income) 30 30% Low-income WTN Median Household Income Mulple scores by 2 Data: WTN Median Household Income 20 20% Overburdened community 9-10, tribal lands and properes –30 7-8 – 25 1-6 – Mulply by 3 Data: WTN EHD 30 30% Labor Commitment to electrician apprenceship ulizaon rates: 25% - 10 20% - 5 15% - 0 (Required) 10 10% Commitment to use Project Labor Agreement with construcon workers (Y or N) 55% 211 of 375 10 Commitment to use OMWBE contractor (Y or N) Find a contractor on the directory: hps://omwbe.wa.gov/directory-cered- businesses 55% Total 100 100% Publicly Available CCharging Factor Metric Points Percent Underserved communies Average of number of EVSE charging ports per capita in: (1) county; and (2) census tract. County No charging ports or more than 5,000 people per charging port – 15 points 3,001-5,000 people per charging port – 12 points 2,001-3,000 people per charging port – 9 points 1,001-2,000 people per charging port – 6 points 1-1,000 people per charging port – 3 points Added to: Census tract No charging ports – 15 points More than 1,000 people per charging port – 10 points 1-1,000 – 5 points Data: ltenae &uel Data ente 30 30% Geographic gaps Miles from nearest exisng or planned EVSE site 20+ miles – 10 points 10+ miles – 6 points 5+ miles – 4 points Below 5 miles – 2 points Data: ltenae &uel Data ente 10 10% Future charging events potenal Daily Trip Count (Applicant will give Parcel number using the mapping tool) 100+ – 10 points 65-100– 8 points 15-65– 6 points 4-15– 4 points 1-3– 2 points 0– 0 points 10 10% 212 of 375 11 Data: Replica trip volume data, uses total modeled daily trips to points of interest within proposed site’s parcel or closest parcel within 0.25 of a mile. Power level-to- park me t Avg. dwell me (L2) Assumpons: Use 80% of 300- mile range, 25 miles per hour 4-10 hours – 10 points 2-4 hours – 8 points 1-2 or 10-12 hours – 5 points 30 min to 1 hour, 12-16 hours – 2 points Less than 30 min, 16+ hours – 0 points Avg. dwell me (DCFC) Assumpons: 30 minutes to charge 80% Less than 45 minutes – 10 points 45-60 minutes – 6 points 60-90 minutes – 3 points More than 90 minutes – 0 points 10* 10% Power level-to- park me t connued Avg. dwell me (Combinaon) Calculated by charging port and then averaged for site score, rounding to nearest whole number (i.e., if a site will have 4 L2 and 2DCFC,andtheavgdwellme is 60 minutes, the score will be (4 x 5) + (2 x 6) = 32/6 = 5 Data: Replica dwell me data, uses median dwell me of all modeled daily trips to points of interest within proposed site’s parcel or closest parcel within 0.25 of a mile. Same as row above Same as row above Overburdened community 9-10, federally-recognized tribal lands and properes –20 points 7-8 – 16 points 1-6 – Mulply score by 2 Data: WTN EHD 20 20% Labor Commitment to electrician apprenceship ulizaon rates: 25% - 10 points 20% - 5 points 15% - 0 points (Minimum Requirement) 10 10% Commitment to use Project Labor Agreement with construcon workers (Y or N) 55% Commitment to use OMWBE contractor (Y or N) Find a contractor on the directory: hps://omwbe.wa.gov/directory-cered-businesses 55% Total 100 *100% FFleett Depotss && Workplacess Factor Metric Points Percent Site type Public schools –30 points 30 30% 213 of 375 12 Public transit or port authority –25 points Other public (federal, state, local, or tribal government) – 20 points Non-public (all other) – 10 points Fleet depot Fleet depot (Y or N) 10 10% Overburdened community 9-10, tribal lands and properes –40 points 7-8 – 35 points 1-6 – Mulply score by 4 Data: WTN EHD 40 40% Labor Commitment to electrician apprenceship ulizaon rates: 25% - 10 points 20% - 5 points 15% - 0 points (Minimum Requirement) 10 10% Commitment to use Project Labor Agreement with construcon workers (Y or N) 55% Commitment to use OMWBE contractor (Y or N) Find a contractor on the directory: hps://omwbe.wa.gov/directory-cered-businesses 55% Total 100 100% Claricaon to scoring table for publicly available sites x The previous version of the Implementaon Manual dated November 17, 2023, implied 20 points were available in the power level-to-park me t factor for sites with both DCFC and Level 2 charging ports. This was inconsistent with the percent eld which correctly noted 10% out of 100% available. x Combinaon sites had the same 10 points (not 20 points) available in this factor as sites with only DCFC charging ports or only Level 2 charging ports, with scores calculated using the weighted average described in the corresponding metric cell above. x The applicaons have been scored as intended by program rules, with correcons reected in award noces distributed to applicants on February 26, 2024. IIncenve Structure The eligible funding amount is a maximum award per site. The maximum award is limited by eligible project costs as dened in the Implementaon Manual. The maximum award per site will fund up to seventy-ve percent (75%) of the eligible project costs (as idened on the applicaon) if the site type is public, eet, or workplace. The applicant/partners, if they become grantees, should plan to cover the remaining percentage. Other programs can be used to fund this remainder. The maximum award per site will fund up to one hundred percent (100%) of eligible project costs if the site type is mulfamily residenal or tribal. The maximum award is a per charging port calculaon plus adders if eligible. The equity adder is for sites that score a 9, 10, Tribal for Overburdened Communies. The future proong adder (stub-out adder) is 214 of 375 13 1,000 per parking spot/stub-out and is limited to a maximum of $3,000 per site. The equity and future- proong adders are included in the maximum award calculaon. x If eligible project costs exceed the maximum award, grantees and partners should plan to cover the remainder. Other programs can be used to fund this remainder. x If costs end up being lower than maximum award, then the maximum will not be disbursed in the full amount. AAward Caps Equipment Type Base Award Cap per Charging Port Equity Adder per Charging Port* Adder - Future Proong Level 2 $7,500 $2,500 $1,000 per parking spot stub-out, up to $3,000 per site DCFC $85,000 $25,000 $1,000 per parking spot stub-out, up to $3,000 per site Sites that score a 9 or 10 on the EHD layer of the Mapping Tool, or are tribal locaons, are eligible for the Equity Adder. 215 of 375 14 IInstallaon Details – Minimum & Maximum Charging Ports All sites must have at least 33% of L2 connectors be J1772 and 33% of DCFC connectors be CCS. Installaon Details – Maximum Awards Per Site Examples Level 2 Only (20 Level 2 charging ports): 20 * ( $7,500 + $2,500 ) + $3,000 = $203,000 DCFC Only (6 DCFC charging ports): 6 * ( $85,000 + $25,000 ) + $3,000 = $663,000 Combo Site (6 Level 2 charging ports and 6 DCFC charging ports): 6 * ( $7,500 + $2,500 ) + 6 * ( $85,000 + $25,000 ) + $3,000 = $723,000 Percentage of Eligible Costs Covered Eligible Site Type Percentage of Eligible Costs Covered* Mulfamily Housing 100% Tribal 100% All others (Public, Fleet Depot, and Workplace) 75% Not to exceed maximum allowable award per charging port and per charger. Equipment Requirements A Level 2 charger must comply with the following requirements to be eligible: x Uses the SAE J1772 connector standard or the NACS connector specicaon. o *Connector requirements may change to reect any updates to federal guidelines regarding NACS connectors. Grantees will be noed if a change is proposed. x Can be networked via Wi-Fi, Cellular (4G and above), and/or Ethernet. Public chargers should be on public networks. All other site types may use either public or private networks. x Capable of at least a 7.2-kW power output. x Has a mobile payment device (NFC/RFID) physically located on each charger dispenser or on a kiosk serving the charger dispensers. This requirement only applies to publicly available chargers, not residenal or eet/workplace, unless those projects are publicly available in addion to their residenal/work purpose. EMV chip readers are not required. x Supports remote start capabilies for, at minimum, payment via a toll-free number. x Does not require a membership for payment. x Uses OCPP 1.6 or 2.0.1 o Commerce will verify through attestation that the equipment is OCPP 1.6 or 2.0.1 capable. However, project partners responsible for complying with WAC 16.662.220 should be aware that they must provide documentation of OCPP certification if requested and if such certification is available. WAC 16.220.220 applies to publicly available chargers, excluding those set to free-vend. x ENERGY STAR® cered Equipment Type Minimum Charging Ports Maximum Charging Ports Connector Types* Level 2 2 20 J1772 or NACS DCFC 2 6 CCS or NACS Combo Site Level 2 and DCFC) 2 12 (max 6 DCFC) See Above 216 of 375 15 o EVSE supplying AC power (Level 2) must have ENERGY STAR® cercaon to the EVSE v1.2 specicaon. WAC 194-24-200 currently requires ENERGY STAR® 1.0. However, Commerce has proposed a rule amendment to instead require ENERGY STAR® EVSE v1.2. This Program requirement will ensure grantees are compliant with the rule once amended. o Commerce will inform grantees if the rule is amended. o Commerce will verify Energy Star cercaon for Level 2 EVSE through the ENERGY STAR® product database. x Cered by a NRTL to UL 2594. A DCFC must comply with the following requirements to be eligible: x Uses the CCS1 connector standard or the NACS connector specicaon. o CHAdeMO connectors are eligible costs but not included for the award cap calculaon. o *Connector requirements may change to reect any updates to federal guidelines regarding NACS connectors. Grantees will be noed if a change is proposed. x Can be networked via Wi-Fi, Cellular (4G and above), and/or Ethernet. Public chargers should be on public networks. All other site types may use either public or private networks. x Capable of at least a 100-kW power output per charger (not per individual charging port). x Has a mobile payment device (NFC/RFID) physically located on each charger dispenser or on a kiosk serving the charger dispensers. EMV chip readers are not required . x Supports remote start capabilies for, at minimum, payment via a toll-free number. x Does not require a membership for payment. x Uses OCPP 1.6 or 2.0.1. o Commerce will verify through attestation that the equipment is OCPP 1.6 or 2.0.1 capable. However, project partners responsible for complying with WAC 16.662.220 should be aware that they must provide documentation of OCPP certification if requested and if such certification is available. WAC 16.220.220 applies to publicly available chargers, excluding those set to free-vend. x ENERGY STAR® cercaon o EVSE supplying DC power (DCFCs) are not required to have ENERGY STAR® cercaon. x Cered by a NRTL to UL 2202 or UL 9741. IInstallaon Requirements All Sites: x Eligible equipment must be installed on one of the following: o New EV charging infrastructure at an eligible site (mul-family housing, public charging site, workplace, or eet depot). o Exisng EV charging infrastructure at an eligible site, on which a charger has not previously been installed (e.g., a stub-out or make-ready). o WAEVCP funding is not to be used for chargers and other elements required as part of state building code requirements for new developments. Funding will be granted for installaons beyond the minimum required. 217 of 375 16 o Each site must have an emergency shut-o or e-stop equipment to assist with emergency response. This requirement does not apply to each individual EV charger but to the power serving each site. o To qualify for the future proo ng adder, Level 2 installaons must either meet the denion of a stub-out or may choose to install a Level 2 receptacle. DCFC stub-out installaons must meet the denion above. Stub-out installaons are dened as follows: A complete “stub-out” installaon includes all the panel upgrades, trenching, conduit, and wiring (collecvely referred to as the customer-side make-ready), needed for a new EVSE to be installed later without any addional construcon work. A “stub-out” typically ends with at least two inches (2”) of a spare run of conduit with accessible pull rope and is capped o to protect it from the elements. x Connector Types o At least 33% of incented connectors on site must be J1772 and/or CCS. For sites with both Level 2 and DCFC equipment: at least 33% of L2 connectors should be J1772 connectors and at least 33% of DCFC connectors should be CCS1 connectors. A charger-connector conguraon capable of outpung 1-20kW should be considered as L2 (which is the output band for J1772) and a charger-connector conguraon capable of outpung at least 100kW should be considered as DCFC (100kW matches the minimum power output requirement for DCFC). Connector requirements may change to reect any updates to federal guidelines regarding NACS connectors. Grantees will be noed if a change is proposed. o Internet connecon via Cellular, Wi-Fi, or Ethernet is required. Public chargers should be on public networks. All other site types may use either public or private networks. Exclusion available for internet dead zones via grantee self-aestaon. Self- aestaon documents will be made available to grantees. o Must comply with all applicable State requirements for EVSE and charging staons. Includes laws and policies regarding consultaons with federally recognized tribal lands, tribes, and members as required. o Labor license/cercaon requirements: Contractor license and electrician cercaon. Apprences allowed with valid idencaon and in accordance with state laws. At least 15% of electrical crew should be apprences – this is the minimum required. Addional points will be awarded during scoring for those sites supporng up to 25% apprences on crew. Each site must have at least 15% apprenceship ulizaon. If an applicaon contains mulple sites that are funded, the requirement must be met/ exceeded at each site within an applicaon. All labor performed must adhere to prevailing wage requirements and provide sasfactory documentaon. x Addional restricons o WAEVCP funding is not to be used for charging sites required as part of building code requirements for new development. 218 of 375 17 o Installaon on undeveloped sites (new development) is allowed if installaon provides at least two (2) addional charging ports above what is required. Installaons with one (1) addional charging port are not eligible. o If EV-ready spots are required but chargers aren’t, then only the cost of installing the chargers – no pre-wiring, etc. – is eligible for funding. o Grantees will be asked to provide informaon on their site to the Department of Commerce and applicable building codes. Mul-Family Housing and Workplace Sites: x All equipment requirements as outlined in the “All Sites” secon above, and: x Community Educaon Requirement o To support electric vehicle adopon and charger use, grantees with installaons at Mul- Family Housing and Workplaces are required to share informaon including operaon instrucons, basic informaon about types of EV chargers with a focus on Level 2 chargers and share access informaon to the new chargers on site. x If the charging equipment is publicly available, in addion to residenal or workplace purpose: o A mobile payment device (NFC/RFID) must be physically located on each charger dispenser or on a kiosk serving the charger dispensers. o A toll-free number for providing payment (if relevant for the site) and iniang a charging session must be displayed on each charger dispenser or on a kiosk serving the charger dispensers. Public Charging Sites: x All equipment requirements as outlined in the “All Sites” secon above, and: x The intent of public charging sites is to provide charging for the public, especially EV users without access to residenal or workplace charging. x To be considered publicly available, an EV charging staon must not be located behind a fence or in a gated parking lot, such that the general public is unable to access or is deterred from accessing during normal operaonal hours for the site (generally excluding 10pm-5am). Businesses may clarify their operaonal hours and will be held responsible should actual access does not align with this provision and may be asked to provide documentaon supporng their operaonal hours. Operaonal hours to be idened in applicaon. x A mobile payment device (NFC/RFID) must be physically located on each charger dispenser or on a kiosk serving the charger dispensers. x A toll-free number for providing payment (if relevant for the site) and iniang a charging session must be displayed on each charger dispenser or on a kiosk serving the charger dispensers. x Public chargers should be on public networks, meaning that the charging equipment is publicly viewable on the network’s lisngs and is available for the public’s use. All other site types may use either public or private networks. OOperaonal Requirements All Sites: x Charging units must remain operaonal for the following terms: o Minimum of six (6) years for DCFC equipment o Minimum of four (4) years for L2 equipment 219 of 375 18 o Acts of God such as oods, etc. impacng charger operaon are the grantee’s responsibility if not covered under warranty. x Charging session data sharing requirements are the same as the operaonal requirements: o Minimum of six (6) years for DCFC equipment. o Minimum of four (4) years for L2 equipment. x If a charging session, either the full session or a paral session, is oered at no cost, it must be disclosed at the locaon where the charging session is iniated and prior to a user or a vehicle iniang a charging session. x A subscripon, membership, or account cannot be required to iniate a charging session. Mulfamily Sites and Public Sites not set to free-vend. Each charger point of sale must, at a minimum, provide the following informaon, if applicable: x A fee for use of the parking space. x A non-member fee for use of the charger. x The price per kWh or MJ in USD. x Potenal changes in the price per kWh or MJ in US Dollars, due to variable pricing. x Any other fees charged for a charging session. x Each charger point of sale must provide means for conducng a charging session in at least one language other than English, considering the demographics of the area and the language(s) most commonly spoken in that locaon. NNetwork Requirements x Must, at minimum, use Open Charge Point Interface (“OCPI”) version 2.1.1 or 2.2 standards. x Uses OCPP1.6 or 2.0.1 – cercaon is not required. x Sites except mulfamily sites and public sites set to free-vend must be capable of facilitang payment via a toll-free number. x Must be capable of remotely iniang a charging session. Denions x Adder:Addional award amount for installaons/sites that meet specied priority criteria. x Applicaon/Applicaon Document:The form used to provide informaon regarding the applicant and proposed sites for the purpose of determining eligibility, communicaon, and cover key quesons such as lead applicant organizaon. x Charging Connector: The plug delivering power between the charger and the on-board vehicle charging equipment. x Charging Port: An access point for electric vehicle charging. Typically idened as the number of charging connectors that an EVSE can simultaneously provide power to. x Community-Based Non-Prots: IRC § 501(c)(3) organizaons or labor unions represenng geographic, racial, ethnic, cultural, or worker communies within Washington state. x Eligible Applicant:The designated organizaon/representave that is eligible for the program and will be subming the applicaon and managing the applicaon details and communicaon with Commerce and other stakeholders. Applicants that receive funding are responsible for contracng with the Department of Commerce and sub-awarding to any project partners. 220 of 375 19 x Eligible Site: A site that qualies for the program based on program design. Eligible sites include mul-family housing (ve 5 or more units), public charging sites, workplaces, and eet depots. x Electric Vehicle Supply Equipment (“EVSE”): The unit controlling the power supply to one or more vehicles during a charging session. Colloquially referred to as a charger. x Electric Vehicle (“EV”) Charging Staon: A connuous installaon of EVSE that is served by a common point of service. x Environmental Health Disparies Map:An interacve mapping tool showing environmental and health risks by census tract to idenfy disparies and improve equity. Integrated into Mapping Tool to assist with site scoring. Refer to scoring for more informaon. x Fleet Depot:A parking facility intended primarily for a collecon of motor vehicles owned or leased by an organizaon in pursuit of its business acvies or services provided. Both public and private eet depots are eligible. If the purpose of the installaon is for personal vehicles of employees, the site must qualify as a workplace use. x Future charging events potenal: A scoring component calculated through the Mapping Tool. Future charging events potenal is dened as daily trip count. Refer to scoring for more informaon. x Geographic gaps: A scoring component calculated through the Mapping Tool. Geographic gaps are dened as miles from nearest exisng EVSE sites (AFDC, includes current and planned). Refer to scoring for more informaon. x Housing aordability: A scoring component calculated through the Mapping Tool. Dened as Washington Tracking Network (“WTN”) Unaordability of Housing Score which measures income spent on housing needs. x Installaon: EV charging staon deployed because of this Program. One (1) installaon corresponds to one (1) site. x Lead Applicant/Lead Enty:An organizaon that is the point of contact managing an applicaon on behalf of mulple parcipang partners. See Eligible Applicant. x Low-income community: A scoring component calculated through the Mapping Tool. Sites will be priorized in low-income communies along with other socio-economic and environmental characteriscs through the Mapping Tool. For income levels, this program ulizes the WTN Median Household Income data in the Environmental Health Disparies Map. Refer to scoring for more informaon. x Mapping Tool: A map combining data on various socio-economic, environmental, and other topics used to score each site and manual scoring criteria linked to site and project characteriscs. x Mul-Family Housing:A residenal property with at least ve (5) or more housing units. Hotels and motels are not considered mul-family housing for this program. x OMWBE: A business owned and controlled by minority, women, and socially and economically disadvantaged persons as per the Washington Oce of Minority and Women’s Business Enterprises. A directory of contractors is available at this website: hps://omwbe.wa.gov/directory-cered-businesses. x Overburdened Community: A Census tract with a score of 9 or 10, or a tribal locaon according to the Environmental Health Disparies Map V2 and/or a federally recognized tribe is an overburdened community for the purposes of this program. Reference Mapping Tools for more informaon and to view the score for a parcular site. 221 of 375 20 x Partner: Collaboraon between applicant and one or more organizaons that will be supporng the installaon. Partners can be any of the eligible applicant types or a designated representave of the site. x Power level-to-park me t: A scoring component calculated through the Mapping Tool. This esmates charger ulizaon by esmang dwell me and has disnct calculaons per type of charger (Level 2 of DC Fast Charger). x Project Labor Agreement (“PLA”): PLAs are pre-hire collecve bargaining agreements negoated between one or more construcon unions and one or more construcon employers contractors/project owners) that establish the terms and condions of employment for a specic construcon project. x Proposed Sites: A site where an installaon is being proposed and is submied for consideraon of award funding. x Public Access: To be considered publicly available, an EV charging staon must not be located behind a fence or in a gated parking lot, such that the general public is unable to access or is deterred from accessing during normal operaonal hours for the site (generally excluding 10pm- 5am). Businesses may clarify their operaonal hours and will be held responsible should actual access does not align with this provision and may be asked to provide documentaon supporng their operaonal hours. Operaonal hours to be idened in applicaon. x Public Agencies: Cies, towns, counes, public school districts or special schools, transportaon planning organizaons, transportaon authories or agencies, municipal corporaons, port districts or authories, polical subdivision of any type, or any other enes or authories of local government in corporate form or otherwise. x Public Schools: K-12 public schools and school district buildings and bus depot facilies, and higher educaon facilies, including dormitories. . Bus depot facilies include those owned and operated by contracted services in contract with a public school or school district. x Retail Electric Ulies: Any electrical company, public ulity district, irrigaon district, port district, electric cooperave, or municipal electric ulity that is engaged in the business of distribung electricity to retail electric customers in the state, per RCW 80.60.010. x Rural: Populaon density and land area criteria used for rural area assistance and other programs as per the Oce of Financial Management (wa.gov). x Scoring: The process of assigning numerical values for each scoring criteria to determine applicaon priority. The scoring for this program is a combinaon of scores derived from the Mapping Tool and other site or project characteriscs. x Site:Developed real property substanally under the common control of a single enty serving residents/employees/customers/guests for a common purpose. x Site Readiness: How ready the design for an installaon is for construcon, including any required design and perming approvals and preparaon for construcon. x Stub-out (make-ready): A complete “stub-out” installaon includes all the panel upgrades, trenching, conduit, and wiring (collecvely referred to as the customer-side make-ready), needed for a new EVSE to be installed later without any addional construcon work. A “stub- out” typically ends with at least two inches (2”) of a spare run of conduit with accessible pull rope and is capped o to protect it from the elements. x Tribal En es 222 of 375 21 o Sites: Sites on the lands of federally recognized tribes, or an enterprise located o tribal land and owned by a federally recognized tribe. o Applicants: Federally recognized tribes. x Underserved Community: The people to charging ports rao for the site’s Census tract and county as calculated by the Mapping Tool. Underserved in this context means underserved by exisng EV infrastructure. Refer to the scoring for more informaon. x Workplaces: A workplace is a non-residenal site locaon, where business is conducted or where services or industrial operaons are performed. Residenal properes are not eligible as a workplace regardless of their use as a place of business. Chargers may be public or private and must be shared use (meaning that the chargers are not assigned to a single employee, or subset or employees at the site, and are available as a community resource for the site). 223 of 375 Certificate Of Completion Envelope Id: B320091937044CFD91623BC4C60EDE49 Status: Completed Subject: Complete with Docusign: City Of Renton_WAEVCP_Contract_24-92802-023_COR Comments_SMHedits.pdf, ... Division: Energy Program: Clean Transportation ContractNumber: 24-92802-023 DocumentType: Contract Source Envelope: Document Pages: 48 Signatures: 3 Envelope Originator: Certificate Pages: 6 Initials: 4 Crystal Ralkey AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 1011 Plum Street SE MS 42525 Olympia, WA 98504-2525 crystal.ralkey@commerce.wa.gov IP Address: 147.55.149.250 Record Tracking Status: Original 9/24/2024 12:52:27 PM Holder: Crystal Ralkey crystal.ralkey@commerce.wa.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Washington State Department of Commerce Location: DocuSign Signer Events Signature Timestamp Cynthia Moya cmoya@rentonwa.gov Security Level: Email, Account Authentication None) Signature Adoption: Pre-selected Style Using IP Address: 146.129.251.56 Sent: 9/24/2024 1:11:40 PM Viewed: 9/24/2024 1:16:52 PM Signed: 9/24/2024 1:27:15 PM Electronic Record and Signature Disclosure: Accepted: 9/24/2024 1:16:52 PM ID: ce6ccce9-f0f4-4e5e-8fa9-003c112659f1 Armondo Pavone apavone@rentonwa.gov Mayor Security Level: Email, Account Authentication None)Signature Adoption: Uploaded Signature Image Using IP Address: 146.129.251.56 Sent: 9/24/2024 1:27:18 PM Viewed: 9/24/2024 3:42:43 PM Signed: 9/24/2024 3:44:01 PM Electronic Record and Signature Disclosure: Accepted: 9/24/2024 3:42:43 PM ID: 8c5f126e-9d59-4d8c-9df0-ccf734b5762c Jason Seth jseth@rentonwa.gov x Security Level: Email, Account Authentication None)Signature Adoption: Pre-selected Style Using IP Address: 146.129.251.56 Sent: 9/24/2024 3:44:03 PM Viewed: 9/24/2024 3:56:47 PM Signed: 9/24/2024 3:57:00 PM Electronic Record and Signature Disclosure: Accepted: 9/24/2024 3:56:47 PM ID: 9e150afd-5768-42fe-b45c-7a58669a272f 224 of 375 Signer Events Signature Timestamp Seth Kolodziejski seth.kolo@commerce.wa.gov Security Level: Email, Account Authentication None) Signature Adoption: Pre-selected Style Using IP Address: 198.239.157.134 Sent: 9/24/2024 3:57:02 PM Viewed: 9/25/2024 11:03:35 AM Signed: 9/25/2024 11:05:30 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Dan Nguyen dan.nguyen@commerce.wa.gov Signing Group: COM Energy Budget Office Security Level: Email, Account Authentication None)Signature Adoption: Pre-selected Style Using IP Address: 147.55.149.225 Sent: 9/25/2024 11:05:32 AM Viewed: 9/26/2024 9:42:35 AM Signed: 9/26/2024 9:43:54 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Steven Hershkowitz steven.hershkowitz@commerce.wa.gov Security Level: Email, Account Authentication None) Signature Adoption: Pre-selected Style Using IP Address: 147.55.149.254 Sent: 9/26/2024 9:43:56 AM Viewed: 9/26/2024 10:44:46 AM Signed: 9/26/2024 10:49:07 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Michael Furze michael.furze@commerce.wa.gov Assistant Director, Energy Division Security Level: Email, Account Authentication None)Signature Adoption: Pre-selected Style Using IP Address: 24.18.107.39 Sent: 9/26/2024 10:49:10 AM Viewed: 9/26/2024 12:20:52 PM Signed: 9/26/2024 12:20:56 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Cheryl Beyer cbeyer@rentonwa.gov Security Level: Email, Account Authentication None) Sent: 9/24/2024 1:11:39 PM Viewed: 9/24/2024 1:23:55 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign 225 of 375 Carbon Copy Events Status Timestamp Danielle Saguil danielle.saguil@commerce.wa.gov Administrative Assistant 3 Security Level: Email, Account Authentication None) Sent: 9/26/2024 12:20:58 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Emily Morton emorton@rentonwa.gov Security Level: Email, Account Authentication None) Sent: 9/26/2024 12:20:59 PM Viewed: 9/30/2024 1:03:30 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Cynthia Moya cmoya@rentonwa.gov Security Level: Email, Account Authentication None) Sent: 9/26/2024 12:21:00 PM Electronic Record and Signature Disclosure: Accepted: 9/24/2024 1:16:52 PM ID: ce6ccce9-f0f4-4e5e-8fa9-003c112659f1 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/24/2024 1:11:39 PM Certified Delivered Security Checked 9/26/2024 12:20:52 PM Signing Complete Security Checked 9/26/2024 12:20:56 PM Completed Security Checked 9/26/2024 12:21:00 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 226 of 375 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Washington State Department of Commerce (we, us or Company) may be required by law to provide to 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By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that: x You can access and read this Electronic Record and Signature Disclosure; and x You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and x Until or unless you notify Washington State Department of Commerce as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Washington State Department of Commerce during the course of your relationship with Washington State Department of Commerce. 229 of 375 Amendment C Contract Number: 24-92802-023 Amendment: C Energy Division Clean Transportation Unit Washington Electric Vehicle Charging Program (WAEVCP) 1. Contractor 2. Contractor Doing Business As (optional) City Of Renton 1055 S Grady Way Renton WA 98057 3. Contractor Representative (only if updated) 4. COMMERCE Representative (only if updated) Emily Morton Sustainability Specialist 425-430-7381 emorton@rentonwa.gov Crystal Ralkey Contract Manger 360-725-5027 Crystal.Ralkey@commerce.wa.gov 1011 Plum St SE PO Box 42525 Olympia, WA 98504-2525 5. Original Contract Amount (and any previous amendments) 6. Amendment Amount 7. New Contract Amount $74,000.00 $0.00 $74,000.00 8. Amendment Funding Source 9. Amendment Start Date 10. Amendment End Date Federal: State: X Other: N/A: 01/30/2026 06/01/2026 11. Federal Funds (as applicable): Federal Agency: ALN: 12. Amendment Purpose: This Amendment will extend the installation deadline for all sites from 03/03/2026 to 05/15/2026 and the contract end date from 06/01/2026 to 08/13/2026. COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract As Amended and attachments and have executed this Contract Amendment on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Contract As Amended are governed by this Contract Amendment and the following other documents incorporated by reference: Contractor Terms and Conditions including Attachment “A” – Scope of Work, Attachment “B” – Budget. A copy of this Contract Amendment shall be attached to and made a part of the original Contract between COMMERCE and the Contractor. Any reference in the original Contract to the “Contract” shall mean the “Contract as Amended”. FOR CONTRACTOR Cynthia Moya, City Clerk Specialist Date Armondo Pavone, Mayor Date FOR COMMERCE Jennifer Grove, Assistant Director Date APPROVED AS TO FORM ONLY Sandra Adix Assistant Attorney General 3/20/2014 Date Jason Seth, City Clerk Date 230 of 375 Amendment C 2 This Contract is amended as follows: Attachment E-1: Site Installation Extension is replaced by Attachment E-2: Site Installation Extension. ALL OTHER TERMS AND CONDITIONS OF THIS CONTRACT REMAIN IN FULL FORCE AND EFFECT. 231 of 375 Attachment E-2 Site Installation Extension Site Type Site Number Site Address Original Installation Deadline2 Extended Installation Deadline Fleet #1 1055 South Grady Way Renton, WA 98057 3/1/2026 5/15/2026 Fleet #2 3555 NE 2nd Street Renton WA 98056 3/1/2026 5/15/2026 232 of 375 1 SUBJECT/TITLE:Lease Agreement with Logan Market, LLC LAG-26-003 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works STAFF CONTACT: Jeff Minisci, PW Facilities Director EXT.: 6643 The proposed lease with Logan Market, LLC is structured to support long-term activation of a key downtown asset while providing steadily increasing revenue to the city over the life of the agreement. The leased premises total approximately 11,783 square feet. The rent was structured to escalate over time to allow the business to achieve some level of success and develop a steady client base. Base rent begins at $5 per square foot for years 1 and 2 of the lease, steps to $10 per square foot for years 3 and 4 of the lease, then $15 per square foot in years 5 and 6 of the lease. After years 6, the lease transitions to 3 percent annual escalations thereafter. Additional revenue is generated through 30 parking stalls at $39.88 per stall per month and a storage fee of $100 per month. The lease also includes provisions for percentage rent in Phase 3, further aligning City revenue with the success of the market. Based on these terms, revenues increase as operations mature. Based on an adoption of the lease agreement with Logan Market, LLC, Phase 1 will begin April 1, 2026, and continue for a period of six months at which time it will transition to Phase 2 (Market Opening), on October 1, 2026. During the opening period (Phase 2 at $5 per square foot), revenues will be $4,909.58 per month. In Years 3–4, revenues to increase to $9,819.16 per month, with Years 5–6 revenues at $14,728.75 per month, prior to ongoing annual escalations. Consistent with the plan outlined in the Renton Downtown Civic Core Vision and Action Plan, the proposed lease advances the City’s goals for a vibrant, mixed-use, and community-oriented downtown by establishing a consistently active public marketplace that prioritizes local entrepreneurship and everyday community use. The Renton Market is designed to support small businesses and local vendors by creating opportunities for business incubation and providing flexible space for food-focused education, arts, and cultural programming. The market is intended to operate seven days a week with year-round programming, shifting the site from an intermittent, event-based use to a dependable, regularly occupied destination. This consistent presence of people throughout the day and evening is expected to enhance downtown vibrancy, increase natural surveillance, and promote a safer, more welcoming environment through regular activity and visibility. Beyond direct lease revenue, the market’s ongoing operations are expected to generate broader economic City Council Regular Meeting FISCAL IMPACT SUMMARY: SUMMARY OF ACTION 233 of 375 2 benefits by increasing pedestrian activity, supporting surrounding businesses, encouraging longer dwell times in the downtown core, and reinforcing downtown Renton as an active, community-oriented destination. The lease with Logan Market, LLC is for a term of ten (10) years, effective April 1, 2026, through March 30, 2036, with two optional 5-year terms upon mutual agreement that could extend the lease to 2046. The City will receive base rent calculated on approximately 11,783 square feet as follows: Lease Years 1 and 2 at $5.00 per square foot, generating $58,915 annually ($4,909.58 per month); Lease Years 3 and 4 at $10.00 per square foot, generating $117,830 annually ($9,819.16 per month); and Lease Years 5 and 6 at $15.00 per square foot, generating $176,745 annually ($14,728.75 per month). In addition to base rent, the city will receive revenue from 30 parking stalls at $39.88 per stall per month ($14,356.80 annually) and a storage fee of $100 per month ($1,200 annually). Beginning in Lease Year 7, base rent and applicable fees are subject to a 3 percent annual escalation. All lease payments are subject to Washington State Leasehold Excise Tax (12.84%), paid by the tenant. Authorize the Mayor and City Clerk to execute the agreement with Logan Market, LLC for Renton Market located at the 233 Burnett Avenue South, Renton STAFF RECOMMENDATION 234 of 375 Lease and Facility Use Agreement City of Renton and Tenant LAG- THIS LEASE AGREEMENT ("Agreement") is entered into this April 1, 2026 (the "Effective Date for term purposes reference"} the execution date is the date of the last signature of the Parties executing this agreement) by and between The City of Renton ("City" or Landlord"), a Washington municipal corporation, and Logan Market, LLC ("Tenant") a Washington limited liability company, are collectively in this Agreement referred to as "Parties." RECITALS WHEREAS, the City has an interest in maintaining and improving a vibrant downtown area to encourage residents and visitors to patronize local businesses; and WHEREAS, Landlord and Tenant, cooperatively prepared a Renton Market Design {"Design"), depicted on Exhibit A, attached hereto and incorporated herein, for the development of The Renton Market, to be known as the "Renton Market" (the "Renton Market"). The Renton Market is intended to create opportunities tor small business, artists, crafters and local independently owned restaurants {collectively, "Vendors") as well as community programing and food related education opportunities. WHEREAS, For All properties subject to this agreement, Landlord owns the real properties legally described on Exhibit C attached hereto ("Real Property"), located at 233 Burnett Avenue South, Renton WA 98057 except for portions of the Piazza Park -owned by the City of Seattle, Seattle Public Utilities. WHEREAS, Landlord intends to develop th e Renton Market on the Real Property. Landlord has invested capital to design, construct, and improve the Premises and associated infrastructure to support the development and long-term operation of a year-round public market. WHEREAS, Tenant desires to lease the Real Property, and all improvements constructed on the Real Property (the "Premises") from Landlord for the purpose of operating the Renton Market and/or further subleasing portions of the Premises to Vendors and other Renton Market Tenants. In consideration of the above RECITALS, and covenants and agreements set forth in this Agreement, the Parties agree as follows: SECTION 1. LEASE PREMISES Agreement to Lease. For and in consideration of the rents to be paid and covenants to be performed by Tenant under this Lease, Landlord agrees to lease the Premises to Tenant, and Tenant agrees to lease the Premises from Landlord, on the terms and conditions set forth in this Lease as of the Commencement Date of this Lease. For purposes of this Lease, the term "Premises" collec tively refers to the following areas as legally defined in Exhibit C and depicted and identified in the following Exhibits: Page 1 of 54 LAG-26-003 235 of 375 236 of 375 237 of 375 238 of 375 239 of 375 240 of 375 241 of 375 242 of 375 243 of 375 244 of 375 245 of 375 246 of 375 247 of 375 248 of 375 249 of 375 250 of 375 251 of 375 252 of 375 253 of 375 254 of 375 255 of 375 256 of 375 257 of 375 258 of 375 259 of 375 260 of 375 261 of 375 262 of 375 263 of 375 264 of 375 265 of 375 266 of 375 267 of 375 268 of 375 269 of 375 270 of 375 271 of 375 272 of 375 273 of 375 274 of 375 275 of 375 276 of 375 277 of 375 278 of 375 279 of 375 280 of 375 281 of 375 282 of 375 283 of 375 284 of 375 285 of 375 286 of 375 287 of 375 288 of 375 RENTON MARKET & PIAZZA – Maintenance Responsibility These Responisbilitys do not apply to Items that are installed by the Tenant or sub tenants Category Task Responsible Party Description HVAC Systems infrastructure Maintenance/Repairs City of Renton The City shall be responsible for all major HVAC infrastructure, including the maintenance, repair, replacement, and upgrade of building-wide heating, ventilation, and air conditioning systems and components necessary to maintain safe, operable, and efficient building conditions. This includes, but is not limited to: Central HVAC units and rooftop systems Main distribution ductwork and piping Mechanical controls and building automation systems serving the entire facility Replacement of major components due to end-of-life, failure, or code requirements The Tenant shall be responsible for the maintenance, repair, and replacement of any items they have installed that are specific to their operations. This includes, but is not limited to: Supplemental HVAC units installed for tenant-specific needs Interior ductwork, registers, grilles, or diffusers installed or modified by the Tenant Tenant-controlled thermostats and controls Routine filter replacement and cleaning required for tenant- controlled areas 1 289 of 375 Plumbing Systems infrastructure Maintenance and Repair City of Renton The City shall be responsible for the maintenance, repair, and replacement of major building plumbing infrastructure, including: Main water supply lines serving the building Sewer mains and primary drainage systems Any other plumbing infrastructure located outside of or upstream/downstream from tenant-controlled areas that supports the building as a whole. Landlord is not responsible for toilet replacement or plumbing fixtures or components within the premises. Plumbing Maintenance and Repair Tenant Tenant shall be responsible for the maintenance, repair, and regular inspection of all plumbing fixtures and components within the Premises. This includes, but is not limited to: Routine maintenance and minor repairs to fixtures such as faucets, sinks, toilets, and piping Unclogging drains and fixing minor leaks Regular inspections to ensure proper operation and promptly addressing issues Tenant shall also be responsible for the inspection, testing, and repair of backflow prevention devices serving the Premises, including: Annual testing (or as otherwise required by law) by a licensed backflow prevention technician Performing any necessary repairs to maintain compliance Maintaining inspection and testing records and providing copies to the City upon request Major plumbing infrastructure issues or failures beyond routine maintenance shall be reported to the City 2 290 of 375 Plumbing Maintenance and Repairs Emergency Repairs Joint In the event of a plumbing emergency, the Tenant shall be responsible for the immediate response necessary to mitigate damage, protect property, and maintain safe conditions. This includes, but is not limited to: Shutting off the water supply (if accessible and safe to do so) Containing or cleaning up minor flooding or leaks Notifying the City immediately of the issue The City shall only be responsible for major emergency repairs necessary to restore or correct issues related to critical plumbing infrastructure, including main water supply lines, sewer mains, and other essential systems that serve the overall building. The Tenant and the City shall coordinate to ensure a timely and effective response. The Tenant shall continue to manage on-site conditions until the City assumes control for permanent repairs only major systems. Electrical Systems Infrastructure Maintenance and Repair City of Renton Responsible for repairing or replacing large-scale electrical infrastructure, including transformers, main power supply systems, and central wiring. Electrical Systems Maintenance and Repairs Tenant The Tenant will be responsible for performing routine inspections of electrical fixtures (lighting, outlets, switches) to ensure proper functionality and safety. The Tenant will also replace minor items such as bulbs, fuses, and small electrical components as part of routine maintenance. In addition, the Tenant will maintain exterior lighting systems that are related to aesthetics or tenant operations (such as decorative lights or business-specific signage). The Tenant will also maintain and repair wiring up to the electrical panels and will be responsible for replacing breakers and performing basic panel maintenance. 3 291 of 375 Lighting Maintenance and Repair Tenant The Tenant shall be responsible for the routine maintenance and minor repair of lighting systems within the premises. Responsibilities include, but are not limited to: Replacing bulbs, tubes, and other expendable lighting components as needed to maintain proper illumination Performing minor repairs to lighting fixtures to ensure they remain safe and functional Maintaining tenant-related and aesthetic lighting, including decorative and signage lighting Addressing minor issues with electrical circuits related to lighting fixtures, such as resetting breakers or replacing minor components Fire Safety System Maintenance Maintenance and Repair Tenant The Tenant shall be responsible for ensuring that all fire safety systems including but not limited to fire extinguishers, smoke detectors, sprinkler systems, fire alarms, emergency lighting, and exit signs are properly maintained, functional, and in compliance with all applicable fire codes and regulations. The Tenant shall conduct regular inspections, coordinate required testing and certifications, and take corrective action as needed to ensure ongoing compliance, at the cost of the tenant. Any deficiencies or major issues shall be promptly reported to the City. Structural Damages Reporting Tenant Notifies the City of Renton promptly of any structural damage or other infrastructure issues that require repair. In the event of an emergency Tenant handles emergencies as an interim solution until responsibility for repair is determined. (Emergency events call the Facilities Coordinator and Facilities Manager. After Hours call the On-call Facilities number), (Non-emergency email the Facilities Coordinator and Facilities Manager). 4 292 of 375 Roof Inspections Roof Inspection, Maintenance and Repair City of Renton The City of Renton shall be responsible for conducting routine inspections and performing necessary maintenance and repairs to the roof and all associated structural components. This includes: Performing regular inspections to identify wear, damage, or potential issues Addressing leaks, deterioration, and other defects to maintain the integrity of the roof system Undertaking repairs or full replacement as required to preserve building condition and protect interior spaces The Tenant shall promptly notify the City of any observed roof issues or leaks to assist in early detection and timely repairs. Market Envelope Maintenance and Repair City of Renton Replace windows or siding when structural integrity is compromised. Perform large-scale repairs or replacements to maintain building envelope performance. Address issues impacting the overall safety or functionality of the facility, such as water intrusion or significant structural damage. 5 293 of 375 Renton Market Signage Operational and Tenant Signage Joint Tenant shall be responsible, at its sole cost, for the routine maintenance, repair, cleaning, and replacement (as needed) of all signage located within the Premises, including without limitation: Interior signage Exterior signage Wayfinding signage The primary "Renton Market" sign located at the top of the building Tenant shall ensure that all signage, including the large Renton Market sign, is maintained in a clean, operable, and good condition at all times. Notwithstanding the foregoing, the City of Renton shall retain ownership of the large Renton Market sign and shall be solely responsible for any structural repairs related to the sign’s attachment to the building, including repairs to the sign's structural supports, fasteners, and any underlying building components. Tenant shall promptly notify Landlord of any observed structural issues or hazards related to the Renton Market sign. Tenant shall cooperate with Landlord to provide access as necessary to address any structural maintenance or repairs required. 6 294 of 375 Door and Gate Maintenance and Repair Joint Tenant shall be solely responsible for the maintenance, inspection, and repair of all doors and roll-up gates, including the ones along the perimeter and within the Premises, including interior, service, and tenant-area doors and gates. Tenant shall keep such doors and gates in safe, operable, and good condition at all times, performing routine inspections and timely repairs as necessary to prevent operational disruption or safety concerns. Emergency repairs affecting security or access shall be performed immediately or within 24 hours. All work shall be performed in accordance with applicable codes and manufacturer requirements using qualified contractors as needed. The City shall be responsible only for the repair and replacement of exterior doors, exterior roll-up gates, and their related structural components which are part of the building envelope. The City’s responsibility shall be limited to repair or replacement due to structural failure, or end-of-life replacement. The City shall not be responsible for repair or replacement of doors or gates damaged due to misuse, negligence, vandalism, tenant operations, or any cause beyond normal wear and tear. 7 295 of 375 Gutter System Maintenance and Repair Joint The City will be responsible for clearing and maintaining gutters and downspouts on a biannual basis, specifically during the 2nd and 4th quarters of the year, to ensure proper drainage and prevent blockages. The Tenant will be responsible for performing this task monthly, or as needed, during the periods when the City is not scheduled to perform cleaning. Exterior Washing Maintenance and Repair Tenant The Tenant shall be responsible for the periodic washing and cleaning of building exteriors and surrounding areas. This cleaning shall be performed at a minimum on a quarterly basis, or more frequently as needed, to maintain a clean, safe, and presentable appearance consistent with industry standards for public market spaces. Additional cleanings may be required during periods of heavy use, following inclement weather, or as otherwise necessary to address dirt, debris, or graffiti. The Tenant shall ensure that all surfaces, including walls, windows, entrances, and walkways, are kept free of grime, stains, and unsightly buildup.. Flooring Maintenance and Repair Tenant Tenant shall be responsible for routine cleaning and minor repairs of flooring within the Premises. This includes, but is not limited to regular cleaning to maintain safe and presentable conditions, and performing minor repairs as needed to address wear, cosmetic issues, and safety concerns. Flooring Maintenance and Repair City of Renton The City shall be responsible for significant flooring repairs or full replacements, defined as repairs or replacements required due to structural failure, widespread damage, or end-of-life conditions that exceed routine maintenance or minor patching performed by the Tenant. 8 296 of 375 IT/Telecom Infrastructure Maintenance and Repair Joint The City and the Tenant shall each be responsible for maintaining and upgrading their respective IT and telecommunications systems and equipment. City Responsibilities: The City shall be responsible for maintaining and upgrading any City-owned IT and telecom infrastructure installed to support City operations within the premises. Tenant Responsibilities: The Tenant shall be responsible for, but is not limited to: maintaining and upgrading all IT and telecom systems and equipment installed or utilized by the Tenant for tenant operations, business functions, or market activities. This includes internal wiring, routers, switches, point-of-sale systems, and tenant internet services. Each party shall ensure their respective systems remain functional, secure, and compliant with applicable regulations and standards. Piazza Event Cleaning Tenant Tenant shall be responsible for the removal of all temporary items used during Tenant-led events in Piazza Park, including furniture, fixtures, signage, and equipment. All such items shall be removed by the end of the event Tenant shall ensure all trash, litter, and debris are removed, surfaces are swept or washed, and the area is left in a condition suitable for public use. Piazza Maintenance Maintenance and Repair City of Renton The City shall be responsible for the routine upkeep, maintenance, and repairs of the Piazza, which remains under the City's operational control. 9 297 of 375 Landscaping Routine Landscaping Tenant Handles general upkeep of landscaped areas that are part of the lease premises. Public Restroom Cleaning, Stocking Supplies, Maintenance and Repair Tenant The Tenant shall be responsible for the day-to-day maintenance and upkeep of public restrooms within the leased premises. TThis includes, but is not limited to: Performing regular cleaning and sanitization Restocking necessary supplies (e.g. toilet paper, soap, paper towels) Ensuring all fixtures and amenities remain functional and safe for public use Conducting routine inspections to address minor repairs and cleanliness issues. Security Systems Camera, Access Control, and Alarms Joint Oversees maintenance and repairs for security systems, access control, and alarms that are installed by the City of Renton. Tenant will maintenance and repairs items installed by Tenant Janitorial Services Cleaning and Trash Removal Tenant Tenant shall be responsible for all daily and periodic cleaning of the Premises, include but is not limited to all common areas and tenant spaces. All janitorial services shall be performed in accordance with industry standards to ensure the Premises remain clean, hygienic, and well-maintained for public use 10 298 of 375 Pest Control Pest Prevention and Treatment Tenant The Tenant shall be responsible for scheduling and managing routine pest control services throughout the leased premises. Responsibilities includes, but is not limited to: Engaging licensed pest control professionals to perform regular inspections and treatments as necessary to prevent infestations Promptly addressing any pest issues or infestations to ensure the health, safety, and cleanliness of the premises Maintaining records of pest control services and providing copies to the City upon request All pest control activities shall be performed in accordance with applicable health and safety regulations.. Graffiti Removal Maintenance and Repair Tenant/Joint Graffiti removal is the responsibility of the Tenant and includes tenant spaces as well as the interior and exterior of the marketplace. Removal should be performed using graffiti remover or paint, as appropriate. For graffiti covering an area larger than 10 feet by 10 feet, the Tenant must notify the City for painting assistance. For graffiti on exterior decals installed by the City, the Tenant shall contact the City for repairs. The City will provide 10% of the paint needed, along with paint specifications. If additional paint is required, it will be the Tenant’s responsibility to acquire it. 11 299 of 375 Outdoor Premises Cleaning Cleaning and Snow/Ice Removal Tenant Cleaning and Snow/Ice Removal – Tenant Responsibilities The Tenant shall be responsible for the day-to-day cleaning and snow/ice removal within all areas covered under the leased premises. This includes, but is not limited to: Routine sweeping, litter removal, and general cleaning to maintain a safe and presentable environment Removal of snow and ice from walkways, entrances, and other accessible areas within the leased premises to ensure safe passage for tenants and visitors Application of de-icing materials as necessary during winter conditions The Tenant shall promptly report any major damage or hazardous conditions beyond routine maintenance to the City for further assessment and repair. Waste Management Trash and Recycling services Tenant Tenant shall be solely responsible for ensuring waste collection and proper recycling for all activities and operations within the Premises. Tenant shall, at its sole cost, arrange for waste, compost, and recycling services sufficient to meet the needs of the Renton Market, including vendors, customers, and public areas. All waste shall be properly stored, and disposed of in accordance with applicable laws, ordinances. Tenant shall ensure that trash, recycling, and compost collection occurs frequently enough to avoid overflow, odors, and unsanitary conditions 12 300 of 375 Emergency Preparedness First Response Tenant The Tenant shall be responsible for responding immediately to emergencies and addressing routine issues within the premises. For any major issues defined as events or conditions that pose a risk to public safety, result in significant damage to property, or involve failure of critical building systems (such as electrical, mechanical, structural, or life-safety systems)the Tenant shall promptly notify the City for further action. The Tenant shall take reasonable steps to mitigate the issue until the City assumes responsibility for permanent repairs or resolutionl. Landlord does not provide Emergency Action Plan for the tenants leased premises. 13 301 of 375 1 SUBJECT/TITLE:Project Acceptance: Cedar Ave Sidewalk Project, CAG-25-003 with Westwater Construction Company RECOMMENDED ACTION: Council Concur DEPARTMENT: Public Works STAFF CONTACT: Emily Logan, Project Manager EXT.: 7224 The original contract amount was $299,995.00 and the final contract amount is $278,398.54. There was $1,665.29 in added work and $23,261.75 in deleted work for a net decrease of $21,596.46. The major changes that contributed to this decrease were decrease in estimated quantities. The project construction began on August 15, 2025. The project went into suspension on October 13, 2026 for procurement of material and resumed on December 5, 2025. The project reached substantial completion on January 6, 2026. The project reached physical completion on January 15, 2026 with the completion of outstanding punch list items. The project reached completion on January 29, 2026. The project reconstructed approximately 100 linear feet of curb, gutter, and sidewalk along Cedar Ave S, constructed terraced modular block walls, reconstructed cement concrete stairway and railings, installed one (1) curb ramp to PROWAG standards and surface restoration. Accept the Cedar Ave Sidewalk Project with Westwater Construction Company. City Council Regular Meeting FISCAL IMPACT SUMMARY: STAFF RECOMMENDATION 302 of 375 F215-038-000 Notice of Completion of Public Works Contract 05-2020 Notice of Completion of Public Works Contract Department Use Only Assigned to Date Assigned Date Form Version Revision Reason Awarding Agency Information Company Name UBI Number Address City State Zip Code Contact Name Phone Number Email Address Prime Contractor Information Company Name UBI Number Address City State Zip Code Contact Name Phone Number Email Address Project Information Project Name Contract Number Affidavit ID Number Jobsite Address City State Zip Code Date Awarded Date Work Commenced Date Work Completed Date Work Accepted Is this a Federally Funded Transportation Project? Yes No If yes, attach the Contract Bond Statement Have Subcontractors been used? Yes No If yes, complete Addendum A Contract/Payment Bond Waived? Yes No Retainage Bond Waived? Yes No Detailed Description of Work Completed DOR Tax Information Calculated Amount Liquidated Damages Additions (+) Amount Disbursed Reductions (-) Amount Retained Sub-Total Other Sales Tax Amount Sales Tax Rate Total Total Both totals must to be equal - If multiple sales tax rates, attach a list Apprentice Utilization Information Was apprentice utilization required? Yes No Engineer’s Estimate: Utilization %: If utilization did not meet or exceed 15%, was a Good Faith Estimate approved? Yes No Comments The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. No payment shall be made from the retained funds until receipt of all release certificates and affidavits. Complete and submit for by email to all three agencies below Contract Release (855) 545-8163, option # 4 ContractRelease@LNI.WA.GOV Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360) 890-3499 publicworks@esd.wa.gov 02/18/2026 Original City of Renton 177000094 1055 S Grady Way Renton WA 98057 Natalie Wissbrod 425-430-6919 nwissbrod@rentonwa.gov Westwater Construction Company 601173970 PO Box 59237 Renton WA 98058 Mick Caplis 425-277-3137 mick.westwater@comcast.net Cedar Ave Sidewalk CAG-25-003 1493802 601 Cedar Ave S Renton WA 98057 05/12/2025 08/15/2025 01/29/2026 Construct the Cedar Ave Sidewalk. The work includes but is not limited to: reconstruction of approximately 100 LF of curb, gutter and sidewalk along Cedar Ave S, fronting 601 Cedar Ave S, terraced modular block walls, reconstruction of cement concrete stairs and railings, a curb ramp and surface restoration. $299,995.00 $1,665.29 ($23,261.75) $278,398.54 $0.00 $278,398.54 $0.00 $278,398.54 $0.00 0 % $278,398.54 303 of 375 Subcontractor's Name:UBI Number: (Required)Affidavit ID* Addendum A: Please List all Subcontractors and Sub-tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed. For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. REV 31 0020e Addendum (10/26/15)F215-038-000 05-2020 American Surveying and Environmental LLC 603226051 1464039 C & P FENCING 603210811 1493836 DELMAR CONCRETE CTNG&CRNG LLC 603490906 1463290 Glacier Northwest dba Calportland 601301145 1464256 MALTBY TRUCKING & EXVTNG INC 601840846 1464107 Ralph's Concrete Pumping 578085430 1464131 TACOMA IRON WORK 604198756 1488772 304 of 375 305 of 375 1 SUBJECT/TITLE: Agreement with Consor North America, Inc for Kennydale Lakeline Sewer System Improveme nt Project - Construction Management & Inspection Services RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Public Works/Utility Systems Division STAFF CONTACT: Anousheh Nawaz, Wastewater EXT.: 425-757-9156 Funding for this agreement in the amount of $1,240,033.00 is available from the approved 2026 Wastewater Utility Capital Improvement Program budget for the Kennydale Lakeline Sewer System Improvement Project (426.465520). There is sufficient funding in the budget to cover the agreement. The Kennydale Lakeline Sewer System Improvement Project is a locally and federally funded Wastewater Utility infrastructure project led by the City of Renton to modernize sewer service to customers along the Kennydale shoreline. The existing sanitary sewer system was constructed in 1972 and includes 4,680 feet of 8-inch low pressure main underwater in Lake Washington which is in poor physical condition and difficult to repair and maintain. The sewer main serves 57 residents and Kennydale Beach Park. The proposed project will discontinue the existing in-lake low-pressure sanitary sewer main and transition the 55 private residences and a public park to a new system on dry land consisting of small-diameter force mains served by individual grinder pump stations installed on each parcel. The remaining 2 residential properties will be provided sewer service by gravity to the city existing system. This improvement enhances long- term system reliability, greatly reduces environmental risk to Lake Washington, improves maintenance access and brings the sewer system into compliance with current standards. Construction and associated tasks are anticipated to take approximately 2 years, with work expected to begin in third quarter of 2026. To support project delivery, Wastewater Utility is proposing to enter into an agreement with Consor Engineering for construction management and inspection services. Consor will act as the City’s representative through pre-construction, construction, and closeout, providing project management, schedule and budget control, constructability review, bid support, construction administration, labor compliance, inspection services, sustainability documentation, and third-party testing coordination. The scope of work includes City Council Regular Meeting FISCAL IMPACT SUMMARY: SUMMARY OF ACTION 306 of 375 2 leading project meetings, reviewing contractor submittals and contractor requests for information (RFIs), processing change orders and pay estimates, maintaining compliance with prevailing wage and federal grant requirements, and supporting final close-out and as-built documentation The agreement is structured as time and materials, with a total not-to-exceed amount of $1,240,033, inclusive of labor, overhead, and reimbursable expenses billed in accordance with approved rates. Wastewater Utility conducted a competitive procurement process and selected Consor based on its demonstrated qualifications, extensive experience delivering complex sewer infrastructure projects, and proven ability to provide construction oversight, ensure regulatory compliance, and effectively coordinate among multiple stakeholders, including on projects involving federal funding. The selection followed a formal Request for Qualifications (RFQ) process that included evaluation and scoring of five submitted Statements of Qualifications (SOQs), as well as in-person interviews with two shortlisted firms. Authorize the Mayor and City Clerk to execute the agreement with Consor North America, Inc. in the amount of $1,240,033 for construction management and inspection services for the Kennydale Lake line Sewer system improvement project. STAFF RECOMMENDATION 307 of 375 AGREEMENT FOR KENNYDALE LAKELINE SEWER SYSTEM IMPROVEMENT PROJECT - CONSTRUCTION MANAGEMENT & INSPECTION SERVICES THIS AGREEMENT, dated for reference purposes only as Februrary 10, 2026, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Consor North America, Inc. (“Consultant”), Oregon Corporation. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide Construction Management & Inspection Services as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit B or as otherwise mutually agreed by the Parties. 3. Time of Performance: All work shall be performed by no later than December 31, 2028. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $1,240,033, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit B. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit B. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the 308 of 375 PAGE 2 OF 10 voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall 309 of 375 PAGE 3 OF 10 certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the 310 of 375 PAGE 4 OF 10 Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties 311 of 375 PAGE 5 OF 10 have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: Unless exempted by the Renton Municipal Code, Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. 312 of 375 PAGE 6 OF 10 E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Anousheh Nawaz 1055 South Grady Way Renton, WA 98057 Phone: (425) 757-9156 ANawaz@rentonWA.gov CONSULTANT Drew Randolph 1102 Broadway Plaza suit 401 Tacoma,WA 4674 Phone: (360) 710-4674 drew.randolph@consoreng.com 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: 313 of 375 PAGE 7 OF 10 A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. 314 of 375 PAGE 8 OF 10 E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Anousheh Nawaz. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. 315 of 375 PAGE 9 OF 10 G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 316 of 375 PAGE 10 OF 10 IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Armondo Pavone Mayor Mike Hagerty DM,Construction Management _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Shane Moloney City Attorney Contract Template Updated 5/21/2021 317 of 375 February 2026 City of Renton - KLSSIP CM & Inspe SCOPE OF WORK City of Renton – Kennydale Lakeline Sewer System Improvement Project Construction Management & Inspection Project Background The City of Renton is preparing to deliver the locally funded Kennydale Lakeline Sewer System Improvement Project. This three hundred sixty (360) working day project will discontinue the use of the existing in-lake low pressure sanitary main, and switch fifty-five private residences, and the park over to new small diameter force mains that will be fed by individual grinder pump stations located on each parcel. Project Summary Consultant will perform construction management, inspection, and administrative duties for the project. Project Assumptions Our services are expected to commence in March of 2026. After award, and issuance of an NTP date, it is our expectation that the project will begin immediately with a brief period allowed for submittals for long lead items such as the generator or grinder pumps. This project is receiving federal grant funding; therefore, as part of the project scope, all deliverables, documentation, and tracking shall comply with applicable federal requirements. Scope of Services Consultant proposes to perform the following services in relation to delivery of the Kennydale Lakeline Sewer System Improvement Project designed by Carollo. Task 1 – Project Management Objective Provide overall leadership and team strategic guidance aligned with the City staff objectives. Coordinate, monitor, and control the project resources to meet the technical, communication, and contractual obligations required for developing and implementing the project scope. Subtask 1.1 – Project Coordination • Perform general administration and project management throughout construction phase. • Proactively track progress of project work completed against schedule and budget. • Inform City of anticipated challenges during the construction phase and develop solutions during regular bi-weekly internal team check-ins. Subtask 1.2 – Invoices / Status Reporting • Prepare monthly invoices, including expenditures by task, hours worked by project personnel, and other direct expenses with the associated backup documentation. 318 of 375 February 2026 City of Renton - KLSSIP CM & Inspection • Monthly status reports to accompany each invoice and include comparisons of monthly expenditures and cumulative charges to budget by Task, including cost-to-complete, earned value, cash flow, and certified firm participation. Subtask 1.2 – Assumptions ▪ Overall project duration will be 24 months; therefore, it is assumed that there will be up to 24 progress invoices / status reports. Subtask 1.2 – Deliverables Consultant shall deliver to the City a monthly invoice and status report covering: • RACI Matrix for project tasks & deliverables • Work on the project performed during the previous month • Issues encountered, and actions taken for their resolution • Potential impacts to submittal dates, budget shortfalls, or optional services • Budget analysis • Construction schedule updates • Issues requiring project team action Task 2 – Pre-Construction Services Objective Use 90% contract documents to identify and provide responses to areas of risk and ambiguity in addition to public outreach efforts and bid support. Subtask 2.1 – Constructability Review • Review 90% and final design documents for clarity, completeness, coordination, and constructability to identify issues Task 2.1 Assumptions ▪ Consor and City to conduct joint pre-construction site visit prior to constructability review. ▪ 90% plans and specifications will be provided by the City in February of 2026. Assume two (2) consultant staff combine for 56 hours each for review of plans and specifications ▪ Assume eighty (80) additional hours will be necessary for other pre-construction tasks such as bidder responsibility or permitting assistance. ▪ Although the Envision submittal work will be done during the pre -construction phase, that work will be captured by separate tasks. Task 2.1 Deliverables ▪ Plan set with markups, in addition to a list of comments that identify risk per comment in low, medium, and high categories. ▪ Review comments directly on project binder or specifications ▪ Provide HDD feasibility and cost analysis 319 of 375 February 2026 City of Renton - KLSSIP CM & Inspection ▪ Provide cost analysis on apparent low bidder for bid items that are over or under ran by at least 25% from the Engineer’s Estimate Task 3 – Construction Administration Objective Oversee construction phase activities as first point of contact for construction contractors and all other relevant project stakeholders. Coordinate with City staff and design team. Generate all Bluebeam sessions for City staff and maintain all construction tracking tools. Lead all project meetings and monitor project budget and schedule, quantities and quality of materials, and verify conformance with contract documents. Subtask 3.1 – Pre Construction Meeting Objective Host and lead preconstruction meetings between Owner, Contractor, Consor and other stakeholders as necessary. Task 3.1 Assumptions ▪ Preconstruction meeting to be held “in-person” at City owned facility or job site with a hybrid option available for franchise utility’s and other stakeholders. These meetings will be streamed in order to make it easier for people to sit in on. ▪ Consor PM, Construction manager and CAS to attend preconstruction meeting in person ▪ City to review Consor pre-construction meeting agenda and provide input as necessary Task 3.1 Deliverables ▪ Draft meeting agenda and sign-in sheet ▪ Final meeting minutes subtask 3.2 – Weekly Progress Meetings Objective Attend and lead project weekly onsite construction, and coordination meetings with up to two (2) consultant team members in attendance. Prepare meeting agenda, invites, run meeting, and issue meeting summary. Task 3.2 Assumptions ▪ Weekly meetings to be held on project site, city hall, virtually at City’s discretion ▪ Weekly meetings to be attended by up to two (2) consultant staff. Task 3.2 Deliverables ▪ Weekly meeting minutes and action items Subtask 3.3 – Construction Administration Objective 320 of 375 February 2026 City of Renton - KLSSIP CM & Inspection Provide construction management and administration services to monitor that the project is completed according to the Contract Documents. Perform the following tasks: ▪ Coordinate and communicate with City and Construction Contractor on an “as needed“ basis to discuss project issues and status. ▪ Issue change orders, including independent cost justifications, and maintain a change order log. ▪ Review, price, and negotiate force account work ▪ Issue fieldwork directives and non-conformance reports. ▪ Issue weekly statement of workdays (WSWDs) summarizing the work performed by the contractor and any unworkable days. ▪ Assess contractor-submitted baseline schedule, schedule updates, and 3-week look ahead schedules for feasibility and conformance with the Contract. ▪ Monitor the overall project construction budget. ▪ Maintain material quantity and quality documentation, including setting up and maintenance of the Record of Materials (ROM). ▪ Create Bluebeam Studio review sessions for concurrent review of project asbuilt drawings with contractor. Task 3.3 Assumptions ▪ Assume seventy-two (72) WSWD’s ▪ Assume eighteen (18) monthly pay estimates ▪ Assume ten (10) change orders to be executed Task 3.3 Deliverables ▪ Weekly statement of working days ▪ Quantities, documentation and finalized pay estimates ▪ Executed change orders and change log ▪ ROM for the project Subtask 3.4 – Submittal Reviews Objective Review and provide comments on contract required submittals for materials, plans, and other required items. Task 3.4 Assumptions ▪ Assume one hundred (100) submittals to review with an average review period of 1.5 hours per review. Of which, assume fifty-six (56) site specific submittals for each residence and park. Assume 15 resubmittals will be necessary. ▪ Assume submittal status and updates to an agenda item at weekly progress meetings as necessary Task 3.4 Deliverables ▪ Submittal review comment sheet and markups with log 321 of 375 February 2026 City of Renton - KLSSIP CM & Inspection Subtask 3.5 – RFI Review and Response Objective Review, coordinate, and provide responses to submitted RFI’s. This includes leading all coordination efforts between internal city departments and/or applicable external agencies to resolve RFI’s. Task 3.4 Assumptions ▪ Assume fifty (50) RFI’s with an average review time of 2 hours per each review ▪ Assume RFI status and updates to be an agenda item at weekly progress meetings as necessary Task 3.4 Deliverables ▪ RFI responses and RFI log Subtask 3.6 – Monthly Progress Estimates Objective Track quantities of materials installed monthly based on inspector(s) daily reports, pay note documents and draft progress estimates based on the city’s pay estimate template. Review estimates with the city and construction contractor prior to finalizing and submitting to the City for payment. Task 3.4 Assumptions ▪ Assume eighteen (18) estimates are necessary Task 3.4 Deliverables ▪ Monthly quantity tracking spreadsheet ▪ Monthly progress estimates with recommendation to pay Subtask 3.7 – Labor Compliance Objective Lead all labor compliance monitoring including the following tasks: ▪ Track and file all statements of intent to pay prevailing wages (intent) and affidavits of wages paid. ▪ Review & approve Request to Sublets (RTS) ▪ Collect & review all certified payroll and work with contractor and subcontractors to resolve deficiencies ▪ Coordinate wage rate interviews with construction inspector and contractors ▪ Review & track apprenticeship utilization Task 3.7 Deliverables ▪ Requests to Sublet filed ▪ Intents & affidavits filed ▪ Certified payrolls filed ▪ Wage rate interviews filed 322 of 375 February 2026 City of Renton - KLSSIP CM & Inspection ▪ Apprenticeship hour log in Excel file format Subtask 3.8 – Project Closeout Objective Lead closeout phase to document completion of the project and adherence to the project specifications. Consultant will coordinate with contractor to develop as-builts and redline as-built markups. Consultant will provide complete project files to the City and perform the following tasks to assist the City with project closeout: Task 3.8 Deliverables ▪ Draft Punch list and coordinate final walkthrough ▪ Define deficiency list if necessary ▪ Redline as-built mark-ups ▪ Project closeout documents (project documentation files including electronic documents and pictures on a thumb drive; hard copies if requested Task 4 – Construction Inspection Objective Provide daily on-site construction inspection services as needed to supplement the City’s inspection staff to ensure that project is built in compliance with the plans and specifications. Subtask 4.1 – Daily Inspection Task 4.1 Assumptions ▪ Project will require five (5) hours of Consor provided supplementary inspection per week, totaling 440 hours. Task 4.1 Deliverables ▪ Pre-construction & post-construction photos ▪ Inspector Daily Reports (IDR’s) ▪ Daily project progress photos ▪ Tracking of force account work ▪ Monthly quantity and force account work tracking for progress estimates ▪ Punch list and issues log Task 5 – Envision Sustainable Infrastructure Framework Objective Assist the City in setting, implementing, documenting, and tracking Envision related sustainability goals to achieve desired certification. 323 of 375 February 2026 City of Renton - KLSSIP CM & Inspection Subtask 5.1 – Envision Assistance Task 5.1 Assumptions ▪ Assume up to four (4) hours to prep, host, and provide notes on aligning project’s goals with ISI to pursue accreditation by one (1) consultant team member ▪ Attendance by one (1) consultant team member to check in on bi -monthly basis for a 2-hour progress meeting to assist in maintaining goals and progress ▪ One consultant team member to provide up to twenty (20) hours of submission package review for certification award. Task 5.1 Deliverables ▪ Presentation and meeting guide ▪ Meeting minutes ▪ Review comments and suggestions on award application package Task 6 – Third Party Testing Objective Provide third party special inspection to ensure compliance with the project specifications. Coordinate and oversee third party testing. Subtask 6.1 HWA Testing Task 7.1 Assumptions ▪ Assume testing needed for compaction, grout / conc rete, and asphalt Task 7.1 Deliverables ▪ Field testing reports ▪ Lab performance reports Proposed Project Fee Estimate Consultant proposes to perform this work on a time and expenses basis with a total not to exceed the amount of $1,240,033.33. The proposed fee estimate is provided as “Exhibit B.” Fee estimates are based upon Consultant’s approved 2026 rates with 5% escalation, per year, starting in 2026. Direct expenses, such as mileage, will be billed at the current GSA rate of $0.70 per mile. 324 of 375 Kennydale Lakeline Sewer System System Improvement Project City of Renton PROPOSED FEE ESTIMATE LABOR CLASSIFICATION (HOURS) Construction Manager X Construction Manager VI Construction Manager VI Admin Specialist III Principal Engineer VI Inspector IV Construction Manager X Principal Engineer IV Hours Labor HWA Geosciences Total $340 $267 $267 $183 $384 $191 $340 $342 $340 $267 $267 $183 $384 $191 $340 $342 HagertyMic RandolphAnd BolingerLou RamanSuc TackFre FernandoMat YoungrenGra O'SullivanBre Task 1 - Project Management Task 1.1 - Project Coordination 10 50 60 16,738$ 16,738$ Task 1.2 - Invoicing / Status Reporting 36 36 9,604$ 9,604$ Task 1 Subtotal 10 86 0 0 0 0 0 0 96 26,341$ -$ 26,341$ Task 2 - Pre-Construction Services Task 2.1 - Constructability Review 96 96 16 12 220 60,762$ 60,762$ Task 2 Subtotal 0 96 96 0 0 0 16 12 220 60,762$ -$ 60,762$ Task 3 - Construction Administration Task 3.1 - Pre-Construction Meeting 3 4 4 11 2,599$ 2,599$ Task 3.2 - Weekly Progress Meetings 100 100 200 44,977$ 44,977$ Task 3.3 - Construction Administration 360 2256 308 2924 754,234$ 754,234$ Task 3.4 - Submittal Review 173 58 231 56,765$ 56,765$ Task 3.5 - RFI Reiew 100 50 150 35,827$ 35,827$ Task 3.6 - Monthly Progress Estimates 72 144 216 45,559$ 45,559$ Task 3.7 - Labor Compliance 72 144 216 45,559$ 45,559$ Task 3.8 - Project Closeout 40 40 80 17,991$ 17,991$ Task 3 Subtotal 0 363 2817 848 0 0 0 0 4028 1,003,513$ -$ 1,003,513$ Task 4 - Construction Inspection Task 4.1 - Inspection 360 80 440 111,281$ 111,281$ Task 4 Subtotal 0 0 360 0 0 80 0 0 440 111,281$ -$ 111,281$ Task 5 - Envision Sustainable Infrastructure Framework Task 5.1 - Envision Assistance 42 42 16,136$ 16,136$ Task 5 Subtotal 0 0 0 0 42 0 0 0 42 16,136$ -$ 16,136$ Task 6 - Third Party Testing Task 6.1 - HWA Testing 0 -$ 20,000$ 22,000$ Task 6 Subtotal 0 0 0 0 0 0 0 0 0 -$ 20,000$ 22,000$ TOTAL - ALL TASKS 10 545 3273 848 42 80 16 12 4826 1,218,033$ 20,000$ 1,240,033$ Average Billing Rate Estimated per Classification/Staff Staff Name Subconsultants Client Month Year C:\Users\Drew.Randolph\Consor North America, Inc\Washington - WA Admin\Scope & Fee\Renton, City\Kennydale Fee Estimate 1.28.26 Consor Project Name Page 1 325 of 375 1 SUBJECT/TITLE: Agreement for Professional Services with Kimley-Horn & Associates, Inc. for the Design of the NE 24th & NE 16th Street AC Water Main Replacement and Sidewalk Improvements Project RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Public Works/Utility Systems Division STAFF CONTACT: Jonathan Chavez, PE, Water Utility Project Manager EXT.: 7208 Funding for the agreement in the total amount of $477,600 is available from the following sources: $334,320 from the 2025-2026 Water Utility Capital Improvement Program for Steel/AC Water Main Replacement (account no. 425.455170); and $143,280 from the 2025-2026 Transportation Benefit District (TBD) Fund. The NE 24th & NE 16th Street AC Water Main Replacement and Sidewalk and Curb Ramp Improvements Project include the replacement of approximately 3,250 feet of aging 8- inch and 12-inch asbestos-cement (AC) water mains with new 12-inch ductile iron pipe. The project also includes the replacement of 44 water service lines, 4 fire hydrants, and 17 connections to existing water mains, as well as restoration of roadways and private properties affected by construction. Replacement of the remaining asbestos-cement water mains within the City’s water distribution system has been identified in past and current Water System Plans. The existing water mains were installed in 1953 and have reached the end of their useful life. The new water mains will improve fire flow capacity, enhance drinking water quality, reduce the likelihood of pipe failures, unplanned service interruptions, and potential property damage. In coordination with this work, the City’s Transportation Division proposes installation of approximately 500 feet of sidewalk, 5 curb bulb-outs with ADA-compliant ramps, 3 streetlights, and associated storm drainage improvements along NE 24th St. from Aberdeen Ave NE to Camas Ave NE. These improvements will be located adjacent to Kennydale Lions Park and are intended to enhance pedestrian safety and improve neighborhood access to the park. The Water Utility solicited proposals from 6 qualified engineering firms through the 2025 Municipal Research and Services Center (MRSC) Consultant Roster and selected Kimley-Horn & Associates as the most qualified firm to provide engineering design services for this project. Kimley Horn was selected based on their experience and expertise delivering similar City Council Regular Meeting FISCAL IMPACT SUMMARY: SUMMARY OF ACTION 326 of 375 2 projects for the cities of Bellingham, Auburn, Mercer Island, and Edmonds. The proposed agreement with Kimley-Horn & Assoc. is for design, bidding and construction support services for the project. Under this agreement, Kimley-Horn will: Perform site surveying of existing utilities and improvements within the public rights-of- way to prepare base maps. Conduct a drainage analysis and prepare a drainage report. Develop 30%, 60%, 90% and final design plans, along with associated cost estimates. Prepare bid ready plans for use during project bidding. Provide support services to the city by responding to bidders’ inquiries during the bidding period. Authorize the Mayor and City Clerk to execute an agreement with Kimley-Horn & Associates, Inc. in the amount of $477,600 for the design, bidding, and construction support services of NE 24th & 16th Street AC Water Main Replacement and Sidewalk Improvements Project STAFF RECOMMENDATION 327 of 375 AGREEMENT FOR NE 24TH & NE 16TH ST AC WATER MAIN REPLACEMENT & SIDEWALK/CURB RAMP IMPROVEMENTS THIS AGREEMENT, dated for reference purposes only as March 17, 2026, is by and between the City of Renton (the “City”), a Washington municipal corporation, and Kimley-Horn and Associates (“Consultant”), a Washington corporation. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide consulting, design, bidding and construction support services as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit B or as otherwise mutually agreed by the Parties. 3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit C. All Work shall be performed by no later than December 31, 2027. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $477,600.00, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit B. The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit B. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for 328 of 375 PAGE 2 OF 10 such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards 329 of 375 PAGE 3 OF 10 and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non- exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City 330 of 375 PAGE 4 OF 10 during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. 331 of 375 PAGE 5 OF 10 It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: Unless exempted by the Renton Municipal Code, Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: https://www.rentonwa.gov/Tax Information regarding State business licensing requirements can be found at: https://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single 332 of 375 PAGE 6 OF 10 limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Jonathan Chavez, PE 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-7208 jchavez@rentonwa.gov Fax: (425) 430-7241 CONSULTANT Sara Tannahill, PE 2828 Colby Avenue, Suite 200 Everett, WA 98201 Phone: (206) 970-1903 sara.tannahill@kimley-horn.com 333 of 375 PAGE 7 OF 10 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if 334 of 375 PAGE 8 OF 10 Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Jonathan Chavez, PE. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the 335 of 375 PAGE 9 OF 10 other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. 336 of 375 PAGE 10 OF 10 N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Armondo Pavone Mayor Deanna Martin, PE Kimley Horn - Principal Engineer _____________________________ Date _____________________________ Date Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Jason A. Seth City Clerk Contract Template Updated 5/21/2021 337 of 375 Page 1 SCOPE OF SERVICES City of Renton NE 24th and 16th St Asbestos-Cement (AC) Water Main Replacement February 2026 BACKGROUND Based on discussions with City of Renton staff (City), Kimley-Horn and Associates, Inc (Kimley-Horn) will provide engineering design and construction support services associated with the NE 24th and 16th St Asbestos-Cement (AC) Water Main Replacement Project. The project will include the design for replacement of approximately 3,250 linear feet of existing 8- and 12-inch diameter asbestos- cement water main on NE 24th Street (between Jones Avenue NE and Edmonds Avenue NE) and NE 16th Street (between Edmonds Avenue NE and Harrington Avenue with 12-inch diameter ductile iron (DI) water main. Refer to Figures 1 through 3 for site maps and project limits. In conjunction with the water main replacement, the project also includes: · Full street 2-inch grind and overlay within the project limits along NE 24th Street and NE 16th Street; · Design of a new 500 liner foot, 5-foot-wide sidewalk on the north side of NE 24th Street, between Aberdeen Avenue NE and Camas Avenue NE; · Design of five (5) new curb bulb-outs along NE 24th Street at the intersections with Aberdeen Avenue NE and Blaine Avenue NE; · Design of five (5) curb ramps that meet ADA and Public Right-of-Way Accessibility Guidelines (PROWAG) requirements; · Design of impacted catch basins and storm pipes as required by the new curb installation; and · Design of four (4) streetlights in front of Kennydale Lions Park along the north side of NE 24th Street. SCOPE OF SERVICES The scope of services consists of the following tasks: · Task 100 – Project Management and Coordination · Task 200 – Data Collection and Review · Task 300 – Preliminary (30%) Design Services · Task 310 – 60% Design Services · Task 320 – Final Design Services · Task 400 – Drainage Report · Task 500 – Bidding Support Services · Task 510 – Construction Phase Services · Task 600 – Subconsultant Services o Task 601 – Survey Services (DHA) o Task 602 – Potholing and Utility Locating Services (APS) o Task 603 – Infiltration Study Services (GeoEngineers) · Task 700 – Management Reserve EXHIBIT A 338 of 375 Page 2 Based on discussions with the City, our effort will include the following tasks: TASK 100 – Project Management and Coordination Kimley-Horn will provide project management throughout the project duration, which includes: · Conduct one (1) Kick-Off Meeting with the City to be held over MSTeams and issue meeting summary. · Coordinate with the City’s Project Manager, including bi-weekly check-ins via MSTeams or phone calls, and up to three (3) design review meetings with the City including issuing meeting summaries. · Prepare up to 10 monthly invoices and progress summary. · Internal coordination including management of staffing schedule, and budget. · Coordination with subconsultants to progress tasks identified in this scope of work. Deliverables: · Meeting agendas and meeting summary (Kick-off and design review meetings). · Monthly invoices and progress summaries. · Baseline project schedule and schedule updates, as necessary. Task Assumptions: · City staff will attend and provide input at project Kick-off Meeting and design review meetings. · Project Kick-off Meeting is anticipated to be two (2) hours in duration, held virtually via MSTeams, and attended by up to three (3) Kimley-Horn staff. · The 30%, 60%, and 90% Design Review Meetings are anticipated to be two (2) hours in duration, held virtually via MSTeams, and attended by up to two (2) Kimley-Horn staff. · Meeting summaries will include a summary of the key decisions and action items and will be sent out via email. · Bi-weekly check-in meetings are anticipated to be 30 minutes in duration, attended by up to two (2) Kimley-Horn staff, held virtually via MSTeams. · Project duration is assumed to be 10 months from date of Notice to Proceed TASK 200 – Data Collection and Review The effort related to this task is to collect and review data received from the City and franchise utilities. Data collection and review will include the following: · Prepare Request for Information (RFI) for needed project background information from the City that is not readily available on the City’s GIS. · Review background information: o GIS Records within project areas o As-Builts on City of Renton utilities within project areas o Previous environmental studies and geotechnical reports · Contact franchise utility companies for cable, power, fiberoptic records if applicable Deliverables: · Request for Information (RFI). 339 of 375 Page 3 TASK 300 – Preliminary (30%) Design Services Kimley-Horn will prepare and submit for the City’s review Preliminary Design documents. Services under this task will include the following: · Site visit to review topographic survey against field conditions, anticipated to be one (1) day by up to two (2) Kimley-Horn staff. · Prepare Preliminary (30%) Design Plans for water main upgrades. It is anticipated the Preliminary Plan Set will contain up to 20 sheets. · Plans will consist of: o Cover o Abbreviations and Legend o Horizontal Control and Sheet Layout o Water Plan Sheets (plan view only) o Frontage Improvement Plans (including preliminary location of the streetlights, preliminary layout of bulb-outs and curb ramps. Full ADA curb ramp design will not be included.) · Prepare planning level Engineer’s Opinion of Probable Construction Cost with 30% Contingency (EOPCC). · Prepare design memo documenting design assumptions and questions for the City. · Provide QA/QC of Preliminary Design deliverables. · Conduct Plan-In-Hand walk-through with City Engineering and Operations/Maintenance staff following Preliminary Design plan and EOPCC submittal, anticipated to be completed in one (1) site visit with up to two (2) Kimley-Horn staff. Deliverables: · PDFs of 30% Design Plans and EOPCC. Word document of Design Memo. Excel File of EOPCC including quantity take-offs. Assumptions: · The City will provide Kimley-Horn recent bid tabs and indicate desired bid items, along with bid items measurement and payment descriptions for development of the EOPCC. TASK 310 – 60% Design Services Kimley-Horn will prepare Final Design documents. As requested by the City, Kimley-Horn will provide permitting support for the City-led permitting. Efforts involved in these tasks will include the following: · Provide Construction Plans including the following sheets. It is anticipated the 60% Design Plan Set will contain up to 55 sheets. o Cover o General Notes, Abbreviations and Legend o Horizontal Control and Sheet Layout o Existing Conditions and TESC o Water Main Plan and Profile Sheets o Water Main Connection Details o Storm Plan and Profile Sheets 340 of 375 Page 4 o Lighting and Wiring Plans o Restoration Sheets, including frontage improvements o ADA Curb Ramps Sheets and Details, with slopes and elevations for up to five (5) ramps and transitions to new sidewalk. o Water Standard Details o Storm Standard Details o Roadway Details o Lighting Details · Provide 60% Design EOPCC. · Provide Design Memo outlining assumptions and questions to be discussed at 60% Design submittal stage. · Maximum Extent Feasible (MEF) Documentation for ramps that cannot meet current City of Renton ADA standards. · Quality Assurance/Quality Control (QA/QC) and constructability review of 60% Deliverables. · Development of a Potholing Plan following submittal of the 60% Design. Deliverables: · 60% Design Submittals – PDFs of Plans and EOPCC. Excel File of EOPCC including quantity take-offs. Word document of Design Memo. · MEF Documentation, as necessary. · Potholing Plan (PDF) Assumptions: · The City will be responsible for the development of the 60% Design Specifications. · Catch basins and storm pipes will be designed to be consistent with the City of Renton 2022 Surface Water Design Manual. · ADA curb ramp designs will include point elevations and slopes within the ramp footprint and transition to new sidewalk and to existing properties. Services Kimley-Horn will prepare Final Design documents. Efforts involved in these tasks will include the following: · Provide Construction Plans including the following sheets. It is anticipated the final Bid-Ready Construction Plan Set will contain up to 55 sheets. o Cover o General Notes, Abbreviations and Legend o Horizontal Control and Sheet Layout o Existing Conditions and TESC o Water Main Plan and Profile Sheets o Water Main Connection Details o Storm Plan and Profile Sheets o Restoration Sheets, including frontage improvements o ADA Curb Ramps Sheets and Details, with slopes and elevations for up to five (5) ramps and transitions to new sidewalk. o Water Standard Details 341 of 375 Page 5 o Storm Standard Details o Roadway Details o Street Lighting and Wiring Plans o Lighting Details · Provide EOPCC and Bid Schedule. Kimley-Horn will work with the City during the design process to determine preferred bid items and units. · Provide Design Memo outlining assumptions and questions to be discussed at 90% Design submittal stage. · Addressing one (1) round of comments on MEF Documentation for ramps that cannot meet current City of Renton ADA standards. · Quality Assurance/Quality Control (QA/QC) and constructability review of deliverables. · QA/QC review of the City-prepared 90% Design Specifications. · Provide permitting support to the City-led permit application, as requested, anticipated to be supporting plans, quantities, and work descriptions. The City will be responsible for obtaining the following permits: o Tree Permit, or approval from the City’s Urban and Community Forestry Department o Civil Construction Permit o Utility Permit o Right-of-Way Permit Deliverables: · 90% Design Submittals – PDFs of Plans and EOPCC. Excel File of EOPCC including quantity take-offs. Word document of Design Memo. PDF of Kimley-Horn’s QA/QC review comments on the City prepared 90% Design Specifications. Final MEF Documentation, as necessary. · Bid-Ready Submittal – PDFs of Plans and EOPCC, AutoCAD base file of Plans. Assumptions: · The City will be responsible for the development of the 90% Design and Bid-Ready Specifications. The City will be responsible for stamping and signing the Bid-Ready Specifications. · Street Lighting and Wiring Plans will be for four (4) streetlights conforming to the City’s Standard Plan 116.1, spaced approximately 60-feet apart. No photometric analysis will be performed on the project site. · Catch basins and storm pipes will be designed to be consistent with the City of Renton 2022 Surface Water Design Manual. · ADA curb ramp designs will include point elevations and slopes within the ramp footprint and transition to new sidewalk and to existing properties. TASK 400 – Drainage Report The effort under this task is to provide a Full Drainage Review Technical Information Report (TIR). Efforts involved in these tasks will include the following: · Complete downstream analysis field work and submit memorandum outlining which core requirements apply and possible BMPs. · Memorandum Review Meeting, held virtually by up to two (2) Kimley-Horn staff. 342 of 375 Page 6 · Provide a Full Drainage Review TIR for the new and replaced impervious areas (curbs, sidewalks, pavement widening, ramps, etc.). The TIR will incorporate appropriate stormwater management and low-impact development (LID) techniques, as required by Renton's Surface Water Design Manual, particularly around the new sidewalks and curb bulb-outs. Deliverables: · Downstream Analysis Memorandum (Word and PDF) – 30% Deliverable · Draft TIR (Word) – 60% Deliverable · Final TIR (Word and PDF) – 90% Deliverable Assumptions: · This project is located in Zone 2 of the City’s Aquifer Protection Area. Stormwater BMPs must comply with Special Requirement #6 of the Renton's Surface Water Design Manual. · This project is within a basic flow control area and the project will create less than 5,000 of new plus replaced pollution generating hard surface, making it exempt from water quality treatment. · The full drainage report will incorporate the 60% Design Plans. · Construction Stormwater Pollution Prevention Plan (SWPPP) and Operations & Maintenance Manual will be prepared with the 90% TIR. TASK 500 – Bidding Support Services Kimley-Horn will assist the City with bidding by answering bidder questions and issuing addenda as necessary. The budget for this task assumes up to three (3) addenda issued. Deliverables: · Addenda in PDF Assumptions: · The City will advertise the project for bid, upload bid-ready documents to bidding websites, conduct the bid opening and prepare the bid tabulation. TASK 510 – Construction Phase Services Kimley-Horn will provide construction phase services during construction, as requested by the City. Tasks that may be requested by the City include the following: · Attendance at City-led Pre-Con Meeting and construction meetings. · Respond to Contractor’s requests for information (RFIs) as requested by City. · Field observations as requested by City. · Preparation of PDF and AutoCAD Record Drawings using contractor provided red-lined PDF record drawings. Deliverables: · Responses to RFIs in PDF · Record Drawings in PDF and AutoCAD 343 of 375 Page 7 Assumptions: · A budgetary amount of up to $10,000 is assumed for this task for construction phase support services to be provided as requested by the City. · The City will be responsible for leading all meetings, preparing meeting agendas, and issuing meeting minutes · As-builts will be based off City provided contractor PDF red-lines. TASK 600 – Subconsultant Services TASK 601 – Survey Services (DHA) Duane Harman and Associates, Inc. (DHA), as a subconsultant to Kimley-Horn, will complete professional land surveying & mapping services. Services under this task will include the survey at the following sites: Site 1: NE 24th St between Jones Avenue NE and Edmonds Avenue NE The reach is approximately 2,700 lineal feet, containing eight (8) street intersections, curbs, walkways, and underground utilities (no overhead utilities encountered in the field review). The City reports approximately 44 water service connections. In addition, the reach includes the design of 500 feet of sidewalk and five (5) curb bulb-outs. Intersection mapping will extend 50' north and south for full intersection clarity. Site 2: NE 16th St between Edmonds Avenue NE and Harrington Avenue NE The reach is approximately 790 lineal feet, containing two (2) street intersections, curbs, walkways, and above and below grade utilities (no overhead utilities encountered in the field review). Topographic Mapping: · Topographic mapping will consist of the dedicated street right-of-ways and up to five (5) feet beyond the right-of-ways and is to include, but not limited to, all above ground planimetric features, which includes, but not limited to, curbs, walks, fences, trees (greater than ‘6” in diameter), shrubs etc., and all above and underground utilities, as specified. It is anticipated the survey will go along at about 300 lineal feet per day. · Two-man field survey crews will be utilized to establish site control and perform the survey. Onsite underground utility locates will be completed by APS as part of Task 602, and DHA will submit a “One-Call” utility locate request, to engage the City to locate their underground utilities. · A 10’ x 10’ detailed survey will be performed around water meters, hydrants, and vaults, for design, and construction staging within the project limits. · Site 1 will be surveyed at a 10-foot grid in the areas of the proposed curb ramps and bulb- outs. Pothole Mapping: · An allowance has been included for survey of up to eight (8) potholes. 344 of 375 Page 8 Deliverables: · Autodesk Civil 3D 2026.dwg file format of topographic survey, drawing scale to be 1”=20’, with one (1) foot contours. Task Assumptions: · Field data will be processed in accordance with the City of Renton Standards. · Horizontal Datum: City of Renton NAD83(1991), US feet. Vertical Datum: City of Renton prescribed NAVD88, US feet. · Two-man field survey crews will be utilized to establish site control and perform the survey. Kimley-Horn to provide an onsite underground utility locate, and DHA will submit a One-Call utility locate request, to engage the City to locate their underground utilities. · Rights-of-entry are not included in this scope of work and are not anticipated to be needed. TASK 602 – Potholing and Utility Locating Services (APS) Applied Professional Services, Inc. (APS), as a subconsultant to Kimley-Horn, will complete utility potholing and locating/marking of non-City utilities. Utility Locating Services · APS will employ all industry and best practices to designate and mark the known conductible and/or non-conductible utilities within the project boundaries. · APS will sweep the area, after the known utilities have been marked, to attempt to identify any unknown or abandoned utilities. · The project boundaries are defined by Figures 1 through 3. Potholing Services · APS will air vacuum excavate approximately (8) test-holes on existing underground utilities. · If a test-hole falls in the hard surface APS will jackhammer the existing asphalt or concrete. APS will backfill all test-holes with a material approved by the local jurisdiction (5/8” select, sand or pea gravel). · Collect utility and test-hole data, and photograph all found utilities. Deliverables: · Test-hole data sheets, which include Top, Bottom, Width, Diameter and Direction of the utility. · Excel spread sheet containing all test-hole data for the project. · Google Earth RM map with interactive link accompanied with an SHP File. · Photo of all found utilities. · One and a quarter inch zinc washer left at grade where utility was found with measurements stamped into it. Task Assumptions: · APS will complete utility locates for conductible utility locates only. Locating and marking non- conductible utilities and GPR are not included in the scope of work. · Conductible utility locating refers to conductible (metallic) utilities. Non-conductible utility locating refers to non-conductible (non-metal) utilities. GPR utility locating refers to ground penetrating radar, used to find non-metallic utilities such as concrete, PVC, or polyethylene water mains, USTs, and other anomalies. · The City will be responsible for locating and marking their facilities within the project limits. · Scope assumes that the utility will be between 0’ and 10’ in depth. 345 of 375 Page 9 · Restoration is assumed currently to be a 2’x2’ hole with 5/8” crushed rock back fill with an EZ street patch. APS will provide a 2-year warranty from the date the test-hole was performed. · CDF backfill and permanent asphalt repair are excluded from this scope. If the local jurisdiction requires CDF backfill and/or permanent asphalt repair additional fees will be required. · This estimate is based on design engineering rates in which case prevailing wages do not apply. ·Grind and overlay of the existing roadway is not covered in this scope. Should the local jurisdiction require additional restoration, other than what is included in the scope, then additional fees will be required. TASK 603 – Infiltration Study Services (GeoEngineers) GeoEngineers, Inc (GeoEngineers), as a subconsultant to Kimley-Horn, will complete a soils report and infiltration study for the installation of new impermeable surfaces from the frontage improvements along NE 24th Street within the vicinity of the Kennydale Lions Park.A subsurface investigation and infiltration study to support the proposed improvements includes the following: · Review the readily available published geologic data and GeoEngineer’s relevant in-house files for existing information on subsurface conditions in the project vicinity. · Visit the project site to mark the proposed testing location and to check for conflicts with below grade utilities. If representatives from City of Renton are familiar with the location of subsurface utilities in the area are available, City review of the proposed test location is requested. GeoEngineers will not be liable for damage to underground utilities that are not marked during the utility locating process. The process includes: o Contact the “One-Call” Utility Notification Center, as required by Washington State law. o Subcontract a private utility locate service to scan for conductible underground utilities in the vicinity of testing location, which may not be identified by the “One-Call” services. · Advance one (1) test pit up to 10 feet below the existing ground surface using subcontracted machinery and operator. GeoEngineers will continuously monitor the test pit exploration, maintain a log of subsurface conditions and collect representative soil samples. The test pit will be backfilled after the studies are completed. · Perform infiltration testing within the test pit to determine the in-situ infiltration rate using methods consistent with a small-scale pilot infiltration test (PIT) as outlined in the 2022 City of Renton Storm Water Design Manual. · Conduct geotechnical laboratory testing on selected soil samples. The budget includes two (2) particle size distribution tests, one (1) cation exchange capacity test, and one (1) organic content test. · Prepare a geotechnical memo presenting findings, conclusions and recommendations. The memo will include a project site plan showing the approximate location of exploration, summary exploration logs, and laboratory testing results. Specifically, the memo will include the following: o Discussion of soil and groundwater conditions encountered in explorations. o Discussion of the suitability of site soils for stormwater infiltration, including estimates of long-term design infiltration rates, based on PIT results and soil types encountered in the explorations. 346 of 375 Page 10 Deliverables: · Geotechnical Memorandum Assumptions: · The City of Renton will provide all relevant permitting and explorations will not require a traffic control plan based on the location of the test pit. · A water source for the infiltration testing is not available on-site and a subcontracted water truck will be used to provide water for the infiltration testing. · Explorations will be completed in two (2) days within Kennydale Lions Park and suitable access to the testing location will be provided on scheduled testing dates. TASK 700 – Management Reserve A management reserve of approximately 10% of Kimley-Horn fees is included to allow for additional services not included in this scope of work that may arise over the course of the project. The management reserve task is not to be used unless authorized by the City in writing. Scope Assumptions/Exclusions: · Project duration is 10 months. · The project will be bid in a single bid package. · City review of the Preliminary Design will take 2 weeks. City review of the 60% Design and 90% Design will take 3 weeks. · The City will develop and stamp the project specifications. Kimley-Horn will provide QC review of the City prepared specifications at the 90% Design level. · Plans will conform to the City of Renton’s 2025 Survey and Drafting Standards. Kimley- Horn’s standard AutoCAD styles will be used. · Right-of-entry on private property are not anticipated to be needed and not included as part of the scope of service. Any right-of-entry needed as part of the project will be coordinated by the City. · The City will lead all public communications. · Development of traffic control plans is not part of the scope of services. It is presumed that work can be accomplished using WSDOT Standard K Plans, that the Contractor will be responsible for developing and submitting to the City. · The City will lead and submit for all permit applications. Kimley-Horn will provide supplementary information as requested to support City prepared permit application including plans, quantities, and review of project descriptions/work. City will cover all permitting costs. · A retaining wall is not anticipated as part of the project. Any differences in grade can be handled by light grading. · Storm structure design will be consistent with the City of Renton 2022 Surface Water Design Manual. If updates to the City’s Surface Water Design Manual occur during the course of the project, additional scope and fee may be required. · The City will provide plant selection and spacing along the frontage improvements area in front of Kennydale Lions Park. No irrigation will be required. · Geotechnical engineering services are not part of the scope of services. 347 of 375 Page 11 · The scope assumes a day of potholing will be completed. Potholes will include the potholing of City and non-City owned utilities. The City does not require franchise utilities to pothole their own facilities. · Kimley-Horn will send design plans to franchise utilities for input and feedback on potential utility conflicts. · Hydraulic modeling, flow monitoring and confirmation of pipe sizing is not included in this scope of services. Sizing is based on the City’s 2019 Water System Plan Update. · Coordination with local businesses, residents, and Metro for coordination of construction access/impacts and temporary bus stop locations is not included in this scope of services and will be led by the City’s public outreach team. · Tree health assessment, if required, will be completed by the City’s arborist. Arborist services are excluded from this scope of services. EXCLUSIONS/ASSUMPTIONS Any other services, including but not limited to the following, are not included in this Agreement but can be added through a contract modification. · Shoring design · Bypass design · Right-of-entry onto private property · Hydraulic modeling · Flow monitoring · Cathodic protection design · Record of Survey services · Structural engineering · Traffic Control Plans · Construction funding applications · Clean Air permitting · Construction stormwater permitting · Geotechnical engineering services, beyond those included under Task 603. · Environmental engineering/permitting · Irrigation design · Public outreach · Arborist services 348 of 375 DIRECT LABOR Estimated Hourly Labor Classification Hours Rate Costs 70 $300.00 21,000$ Sr. Professional 275 $275.00 75,625$ 372 $240.00 89,280$ 652 $210.00 136,920$ Admin Support I 12 $180.00 2,160$ Admin Support II 16 $140.00 2,240$ TOTAL KIMLEY-HORN LABOR 1,397 Total Labor 327,200$ MANAGEMENT RESERVE TASK 25,000$ TOTAL KIMLEY-HORN LABOR (INCLUDING MANAGEMENT RESERVE)352,200$ DIRECT EXPENSES TOTAL DIRECT EXPENSES 3,400$ OUTSIDE SERVICES (10% Markup) Survey Services (DHA)68,300$ Potholing and Utility Locate Services (APS)30,300$ Infiltration Study Services (GeoEngineers)23,400$ TOTAL OUTSIDE SERVICES 122,000$ Total Direct Labor 327,200$ Total Management Reserve 25,000$ Total Direct Expenses 3,400$ Total Outside Services 122,000$ TOTAL BASE COST (NOT TO EXCEED)477,600$ Additional Services Direct Labor N/A Additional Services Outside Services N/A TOTAL ADDITIONAL SERVICES COST (NTE)0$ TOTAL PROPOSAL (NTE)477,600$ Principal/Sr. PM Professional Analyst Exhibit B - Cost Proposal Summary (Costs Rounded to the Nearest $1.00) City of Renton February 13, 2026 NE 24th and 16th St Asbestos-Cement (AC) Water Main Replacement Page 1 EXHIBIT B 349 of 375 Task Description 101 Kick-off Meeting (virtual, up to 2 hrs)2 2 2 6 $1,630.00 102 Coordination with City including bi-weekly meetings 10 12 22 $6,300.00 103 Design Review Meetings with City (3 meetings, virtual, up to 2 hrs each)6 6 12 $3,450.00 104 Internal Project Meetings, Team Management and Scheduling 4 12 12 28 $7,380.00 105 Budget Control and Invoicing 8 12 20 $4,360.00 106 Coordination with Subconsultants 10 10 $2,750.00 0 $0.00 Task 100 Totals 22 50 14 0 12 0 98 $25,900.00 201 Prepare RFI 2 2 4 $1,030.00 202 Request franchise utility record drawings 2 6 100 $1,740.00 202 Review City Information 6 8 10 180 $5,670.00 0 $0.00 Task 200 Totals 0 8 12 16 0 0 36 $8,400.00 301 Site Visit to Review Survey 12 12 24 $6,180.00 302 Preliminary Design Plans 20 32 68 120 $27,460.00 303 Preliminary Engineer's Opinion of Probable Construction Costs 4 6 24 34 $7,580.00 304 Preliminary Design Memo 2 6 2 10 $2,270.00 305 QA/QC Preliminary Design 8 8 $2,400.00 306 Plan-In-Hand Walk Through with City 10 10 20 $5,750.00 0 $0.00 Task 300 Totals 18 48 56 92 0 2 216 $51,600.00 310 60% Design Plans 32 106 234 372 $83,380.00 311 Street Lighting Plans 8 24 32 $7,240.00 312 60% Engineer's Opinion of Probable Construction Cost 4 8 18 30 $6,800.00 313 60% Design Memo 2 6 1 9 $2,130.00 314 QA/QC 60% Design 8 8 $2,400.00 315 Potholing Plan 1 4 5 $1,115.00 0 $0.00 Task 310 Totals 8 47 120 280 0 1 456 $103,100.00 Total Direct Expenses 8 25000 321 90% Design Plans 30 70 130 230 $52,350.00 322 90% Engineer's Opinion of Probable Construction Cost 4 6 16 26 $5,900.00 323 90% Design Memo 2 4 1 25720 $1,650.00 324 QA/QC 90% Design 16 16 $4,800.00 325 Bid-Ready Design Plans 16 18 34 68 $15,860.00 326 Bid-Ready Engineer's Opinion of Probable Construction Cost 2 4 8 14 $3,190.00 327 QA/QC Bid-Ready Design 4 4 $1,200.00 328 Permit support, as requested by City 6 8 10 24 $5,670.00 0 $0.00 Task 320 Totals 20 60 110 198 0 1 389 $90,600.00 401 Downstream Analysis and Memorandum 8 20 2 30 $6,680.00 402 Draft Full Drainage Review TIR 18 24 14 6 62 $14,490.00 403 Final Full Drainage Review TIR 4 8 4 2 18 $4,140.00 0 $0.00 Task 400 Totals 0 30 32 38 0 10 110 $25,300.00 501 Answer Bidder Questions 4 4 $1,100.00 502 Issue up to three (3) Addenda 2 12 10 22 2 48 $11,200.00 0 $0.00 Task 500 Totals 2 16 10 22 0 2 52 $12,300.00 511 Services as requested by the City 16 18 6 40 $9,980.00 0 $0.00 Task 510 Totals 0 16 18 6 0 0 40 $10,000.00 601 Survey Services (DHA)0 $0.00 602 Potholing and Utility Locate Services (APS)0 $0.00 603 Infiltration Study Services (GeoEngineers)0 $0.00 0 $0.00 Task 600 Totals 0 0 0 0 0 0 0 $0.00 Task 700 Totals $25,000.00 TOTALS 70 275 372 652 12 16 1,397 $352,200.00 Classification Principal / Sr. PM Sr. Professional Professional Analyst Admin Support I Admin Support II Rate 300.00$275.00$240.00$210.00$180.00$140.00$ Exhibit B - Derivation of Hours City of Renton Professional Admin Support I Admin Support II Total HrsPrincipal / Sr. PM February 13, 2026 Analyst NE 24th and 16th St Asbestos-Cement (AC) Water Main Replacement Task 310 - 60% Design Services Task 100 - Project Management and Coordination Sr. Professional Task 200 - Data Collection and Review Task 510 - Construction Phase Services Task 300 - Preliminary (30%) Design Services Task 600 - Subconsultant Services - see outside services costs Task 400 - Drainage Report Task 700 - Management Reserve Task 500 - Bidding Support Services Task 320 - Final Design Services Page 2 EXHIBIT B 350 of 375 MILEAGE Location No. of Trips Miles Total Miles City Meetings 0 90 0 Site Visits 3 85 255 Total Miles 255 Total Cost at $ 0.725 per mile 185$ REPRODUCTIONS 600 Type Amount Unit Cost 180 Plotting and sheet preparation 300 10.00$3,000$ Photocopy (8 1/2" x 11")1500 0.11$165$ Photocopy (11" x 17")0 0.35$0$ Displays (24" x 36")0 80.00$0$ Mylars 0 24.00$0$ Total Reproductions 3,165$ TOTAL DIRECT EXPENSES 3,350$ TOTAL DIRECT EXPENSES (ROUNDED)3,400$ (Costs Rounded to the Nearest $1.00) Exhibit B - Direct Expenses City of Renton February 13, 2026 NE 24th and 16th St Asbestos-Cement (AC) Water Main Replacement Page 3 EXHIBIT B 351 of 375 Page 13 BUDGET SUMMARY Kimley-Horn will perform the services in Tasks 100 – 510 on a labor and fee plus expense basis with the maximum labor fee shown below. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary. Kimley-Horn rates in Exhibit B apply to this contract and are adjusted on an annual basis. Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client. Labor fee will be billed on an hourly basis according to our then-current rates. As to these tasks, direct reimbursable expenses such as express delivery services, fees, and other direct expenses will be billed at 1.10 times cost. Administrative time related to the project may be billed hourly. All permitting, application, and similar project fees will be paid directly by the Client. Should the Client request Kimley-Horn to advance any such project fees on the Client’s behalf, an invoice for such fees, with a ten percent (10%) markup, will be immediately issued to and paid by the Client. TASK 100 – Project Management and Coordination $25,900 TASK 200 – Data Collection and Review $8,400 TASK 300 – Preliminary (30%) Design Services $51,600 TASK 310 – 60% Design Services $103,100 TASK 320 – Final Design Services $90,600 TASK 400 – Stormwater Report and Permitting Support Services $25,300 TASK 500 – Bidding Support Services $12,300 TASK 510 – Construction Phase Services $10,000 TASK 700 – Management Reserve $25,000 Kimley-Horn Labor Fee $352,200 TASK 601 – Survey Services (DHA)$68,300 TASK 602 – Potholing and Utility Locating Services (APS)$30,300 TASK 603 – Infiltration Study Services (GeoEngineers)$23,400 Outside Service Fee $122,000 Expenses $3,400 TOTAL:$ 477,600 EXHIBIT B 352 of 375 Page 12 SCHEDULE Below is an approximate schedule for the services included in this contract. Notice to Proceed mid-March 2026 Kickoff Meeting mid-March 2026 Data Collection mid-March – April 2026 Utility Locating Services (APS)mid-March – late-March 2026 Survey Services (DHA)April – early-May 2026 Infiltration Testing (GeoEngineers)April – May 2026 Preliminary Design April – mid-June 2026 City Preliminary Review (2-weeks)mid-June to late-June 2026 Plan-in-Hand Site Walk-Through with City late-June 2026 60% Design late-June – August 2026 City 60% Review (3-weeks)late-August – mid-September 2026 Design Potholing (APS)late-August – late-October 2026 90% Design mid-September – early-November 2026 City 90% Review (3-weeks)November 2026 Bid-Ready PS&E December 2026 Bid Advertisement January 2027 Bid Opening February 2027 Construction March 2027 EXHIBIT C to December 2027 353 of 375 3,762627 NE 24th St AC Water Main Replacement Project - Project Limits WGS_1984_Web_Mercator_Auxiliary_Sphere Notes From Jones Ave NE to Aberdeen Ave NE 426 0 213 426 Feet All data, information, and maps are provided "as is" without warranty or any representation of accuracy, timeliness of completeness. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user. Legend City and County Labels Addresses Parcels City and County Boundary Renton <all other values> Streets 2023.sid Red: Band_1 Green: Band_2 Blue: Band_3 Project Limits NE 24th St Ab e r d e e n A v e N E Da y t o n A v e N E Ed m o n d s A v e N E Jo n e s A v e N E Ke n n e w i c k A v e N E Mo n t e r e y A v e N E Bl a i n e A v e N E Ca m a s A v e N E Kennydale Lions Park EXHIBIT ANE 24th St - Project Location Map NEW 12-IN WATER MAIN FRONTAGE IMPROVEMENTS 354 of 375 941157 WGS_1984_Web_Mercator_Auxiliary_Sphere Notes None 107 0 53 107 Feet All data, information, and maps are provided "as is" without warranty or any representation of accuracy, timeliness of completeness. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user. Legend City and County Labels Addresses Parcels City and County Boundary Renton <all other values> 2023.sid Red: Band_1 Green: Band_2 Blue: Band_3 Project Limits NEW 12-IN WATER MAIN EXHIBIT ANE 16th St - Project Location Map 355 of 375 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, DECLARING A PORTION OF AN EXISTING UTILITY EASEMENT RESERVED BY ORDINANCE NO. 3378 SURPLUS TO THE CITY’S NEEDS, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND RECORD WITH KING COUNTY A PARTIAL RELEASE OF SAID EASEMENT, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on November 26, 1979, City Council passed Ordinance No. 3378, vacating a portion of Tacoma Ave NE, subject to a utility easement reserved in favor of the City (the “Easement”), attached hereto and incorporated by this reference as Exhibit A; and WHEREAS, the Easement encumbers two parcels, King County Parcel Nos. 7791000050 and 7791000060. Jennifer M. Saechao (“Petitioner-Owner”) is the current owner of Parcel No. 7791000050; and WHEREAS, Petitioner-Owner would like to construct an accessory dwelling unit on their property; and WHEREAS, Petitioner-Owner has proposed an alternative utility easement that will serve as a replacement easement as shown on Exhibit B, attached hereto and incorporated by reference, which will be dedicated to the City at no cost for the continued operation and maintenance of the utilities; and WHEREAS, pursuant to requirements of Chapter 9-1 of the Renton Municipal Code (“RMC”), on November 20, 2025, Petitioner-Owner filed a petition for partial release of the easement (“Petition”) which was signed by owners of more than two-thirds (2/3) of the property affected by the subject portion of the Easement contained within Parcel No. 7791000050; and 356 of 375 ORDINANCE NO. ________ 2 WHEREAS, the Petition included a request by the Petitioner-Owner that Council waive any compensation, as the City was compensated at the time of the street vacation and a new easement will be dedicated; and WHEREAS, the Community and Economic Development Department (“CED”), in coordination with other City Departments and in compliance with the City’s Policy & Procedure #100-12 related to Surplus Real Property, has identified the portion of the Easement contained within Parcel No. 7791000050 as surplus to the City’s needs; and WHEREAS the City, after a news release and publication of a public notice for public hearing, did hold on March 2, 2026, a public hearing in accordance with RCW 35.94.040 to consider declaring the portion of the Easement contained within Parcel No. 7791000050 surplus to the City’s needs, and those members of the public who wished to testify were duly allowed to testify and the testimony was considered by the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The facts and background of the Recitals are found to be accurate and true for the purposes of this Ordinance. SECTION II. Pursuant to RMC 9-1-4 the Easement is a Class A easement due to the City’s expenditures to place and maintain a water line. SECTION III. Pursuant to RMC 9-1-2.B Council hereby waives compensation for its partial release as the City has previously been compensated, and affirms that the processing fee identified in the City Fee Schedule is required. 357 of 375 ORDINANCE NO. ________ 3 SECTION IV. The portion of the Easement contained within Parcel No. 7791000050 is hereby declared surplus to the needs of the City, and it is in the best interests of the public to release the Easement. SECTION V. The Mayor and City Clerk are authorized to execute and record with King County a partial release of easement in a form the same or similar to that in Exhibit C, herein incorporated by this reference, along with a copy of this Ordinance. SECTION VI. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION VII. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this day of , 2026. __________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2026. __________________________ Armondo Pavone, Mayor 358 of 375 ORDINANCE NO. ________ 4 Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD-CED:26ORD001:02.02.2026 359 of 375 EXHIBIT A Copy of recorded Ordinance No. 3378 360 of 375 COUNTY Of KIIV J } '""`---.--_ n ; 1,(,.j.. s:l_}..l`,Ciky C1erk in end,fflr t7 i, i y of,i nton,I' VVasMngton, do hereby Cet h 'the for g9 g Ordinance ig a ue td,cor ect a ,.,;.aopy of Or inanee No.__ .._,. .of tt4e Cit 4f Renfon, as i p2"r'S C rr fF s; "in my atfiee, and do furth certffy that t se ie has bsen pi bshe#'aecordm ta law. C r. In Witness Wbereof f hq've Meram#a set rny twnd and affixed the sEal of the r,ty of R,to, tn s-----:.r.----._aav o`_C,---1 R2 j. CITY QF RENTOI, WAS c y ae k r flR.DINANCE NQ. .33Z.., r;, AN ORDINANCE OF THE CITY OF RENTON, WASHINGTO i a". VACATING A PORTION F TACOMA AVENUE N.E. , VAC-17-79) VALI.Y INVE TMENT PRQPERTIES/ ROBERT C. OI SQN WHEREAS a proper petition for vacating a portion of Tacoma Avenue N .E. NoXth of N>,E . 17 h St. between Shelton Or Avenue N.E. & Unian Ave. :d.E. , Renton, Ki g County, Washington, t,C') was duly filed with the Cit3r Cl.erk Qn- or laout August IS, 1g7, 0 N and said petition a ing been: sigr ed by a mers representing more than two-thirds of the property abutting upon such street sought to be vacat d; and t JHEREAS tYie C?ty Council ay Resalution No, 2292 passed and ap roved on August 27 , ZQ79 , and after due investigation, did fix and determine the Ist day of ctober, L979,at the hour P of $: QO P.M. in the Citq Couticil Chambers o he City of Renton to be the tiine anc pl.ace for a publzc heazing , hereon, and the City Clerk having given due notice af' such hearing in the manner pravided by law, and a21 persons having been heard apge aring in favor or in opposition thereto ; and WHEREAS the Department o Public Works nd the Planning Department of the Gity of Renton having duly consiaered said petition for said vaeation, and having found same to be .n the pu.blic interest and far the pub'1ic b en fit, and no it jury or damage to any person or prop rties will result fxom such vacations , 4W THEREFORE, TH CITY COUNCIL OF THE CITY OF RENT'ON , WASHINGTON, `D0 ORDAIN AS FOLLOW : SECTIQN I : The following des ribed portion f street , to-wit . See Exhibit -"A" attachec hereto and made a par.t hereof as if full.y set forth herein E AND THE SA." iS HEREBY VACATED . SUB.SECT o an easement over, across, and under and Qn a11 0 tk e aforedes r.bed property 3.n`favor af the Ci y for utility and re.ated purpases. i L D 1 1 Li iJ l qt.:71 .. h -'} , r, , 1 r'u.^,''G'f',;''..».. 1' J,:} Name....:c s./... .,... . I° ! "; e.........Q...':.. A REF ri 1,,, r : t,"U ;t 1 5 361 of 375 SECTION II : The City Council hereby elects to charge a fee of 51 , 203. 50 to Petitioner-Owners , said amount not exceeding one-halt of the City' s appraisa], of the right-of-way interest herein vacated, and such charge being reasonable and proper . SECTION III : This Ordinance shall be effective upon its passage , approval and five days after its publication.CT O A certified copy af this Ordinance shall be filed with the Office of Records and Elections , King County, and as otherwise grovided by law. PASSED BY THE CITY COUNCIL this 26th day of November, 1979 . De ore s ea d `i y C er APPROVED $Y THE MAYOR this 26th day of Notaember, 1979 . s .x°•. w4t... Y. t:i1_'--..____.__. Barbara Y. Shinpach, rlayor Pro tem Approved as to form: 2 tJ'r,_.,..,.. Lawrence J. Wa ren, City Attorney Date of Publication : November 30, 1979 Ordinance No. 3378 Page 2 362 of 375 1 ` . 4' Ord iiance No. 3378X!-4 i C3 1 i That portion of undesignated Citv c£ cent rt stre t ri^t r - w:.:.1 huvin; a width of 50" ft. (known as I.31sr "v`. `,E ner t.L ; Co.xnty' Grid for nurnberin street) is :s zru..ka<; rith.n :;.i pl_G of Sierra Terra DiviSion No. 1 as rccord>c? iri 'pL rq F : l lats ages 53 and 54 recor4s oi Kina; C"t,; ,.:v 4' ::;.ri?ttn . .y CT 5 r:herl.y of t i mast sauth rly li.ne vi Lo4 "::" , c aUr_ +h z ?:-~ 0 line of Lot 19, and north of the north r i.,4 t-c i-ta.y p£` 1Y c '.? ; :; extended and wc st of the west 1inc of L t 'J ,f sai: t. O . 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J!, ,r I r ' 364 of 375 EXHIBIT B Proposed Alternative Utility Easement 365 of 375 EX H I B I T " D " 39 0 6 N O R T H E A S T 1 7 T H S T R E E T RE N T O N , W A 9 8 0 5 6 PA R C E L N O . 7 7 9 1 0 0 - 0 0 5 0 JO B N O . 2 5 1 8 8 9 DA T E : 1 1 / 1 7 / 2 5 UT I L I T Y E A S E M E N T E X H I B I T N. T . S . 366 of 375 EXHIBIT C Form of Partial Release of Easement 367 of 375 Page 1 of 3 Return Address: City Clerk’s Office City of Renton 1055 South Grady Way Renton, WA 98057 Partial Release of Easement Property Tax Parcel Number: Project File #: Street Intersection: Reference Number(s) of Documents assigned or released: Additional reference numbers are on page _____. Grantor(s): Grantee(s): 1. City of Renton, a Municipal Corporation 1. 2. The Grantor, as the owner of an easement acquired from _________ _______ dated on ____________________ , recorded under King County Recording Number ____________________of King County, State of Washington, over real property described below: A _____________________________ easement encumbering the following described property: The CITY OF RENTON does hereby release the portion of real property described in attached Exhibit A and depicted in attached Exhibit B from the above described easement. The foregoing release shall not otherwise impair the rights of the Grantor acquired under the above described easement, which rights shall remain in full force and effect. IN WITNESS WHEREOF, said City has caused this instrument to be executed by the Mayor and attested to by the City Clerk this ____ day of ____________________, 20____. MAYOR CITY CLERK Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that ___________________________________________ signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument _________________________________________________________________ Notary Public in and for the State of Washington Notary (Print)____________________________________ My appointment expires:___________________________ Dated: _________________________________________ 197912030596 7791000050 PRM-26-0029 Shelton Ave NE/NE 17th St Jennifer M. Saechao City of Renton Ordinance No. 3378 11/26/79 7912030596 utility LOT 19, SIERRA TERRACE DIVISION NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN VOL. 76 OF PLATS, PGS 53-54, RECORDS OF KING COUNTY, WA; TOGETHER WTIH THAT PTN OF VACATED 131ST AVE SE ADJOINING OR ABUTTING THEREON, VACATED BY ORDINACE NO. 3378, RECORDING NO. 7912030596, EXCEPT ANY PTN LYING EAST OF THE CENTERLINE OF SAID 131ST AVE S 368 of 375 369 of 375 370 of 375 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING A SIX-MONTH MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF APPLICATIONS FOR THE CHANGE OF USE, ESTABLISHMENT, EXPANSION, OR DEVELOPMENT OF FACILITIES FOR THE DETENTION, TRANSPORTATION, OR FOOD SERVICES FOR PEOPLE DETAINED BY LOCAL, STATE, OR FEDERAL LAW ENFORCEMENT, SETTING A PUBLIC HEARING, DECLARING AN EMERGENCY, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Renton (“City”) is a non-charter optional municipal code city incorporated under the laws of the State of Washington; and WHEREAS, the City is authorized to adopt and enforce land use regulations, including moratoria, pursuant to the authority granted by RCW 35A.63.220 and RCW 36.70A.390; and WHEREAS, RCW 35A.63.220 authorizes cities to adopt moratoria and interim zoning controls on the filing and processing of land use applications and development permits for a period of up to six months, provided that a public hearing is held within sixty (60) days of adoption; and WHEREAS, the City has become aware of increased interest in establishing or expanding detention-related facilities in the South King County region, and the City’s current land use regulations may not adequately address this emerging category of use; and WHEREAS, multiple jurisdictions within King County have recently adopted moratoria on detention-related facility development in order to study and develop appropriate permanent regulations governing such uses; and 371 of 375 ORDINANCE NO. ________ 2 WHEREAS, the City’s current land use regulations and zoning code do not specifically address or regulate facilities dedicated to the detention, transportation, or feeding of persons detained by law enforcement agencies, creating uncertainty about the permitting and land use approval process for such facilities; and WHEREAS, the establishment or expansion of detention-related facilities within the City could have significant impacts on the City’s land use, transportation, public safety, community character, and the health and welfare of its residents; and WHEREAS, the City Council has determined that a moratorium is necessary to maintain the status quo while the City studies the potential impacts of detention-related facilities and develops appropriate regulatory standards to address such uses; and WHEREAS, the City Council finds that the absence of regulations governing the contemplated detention-related facilities constitutes a circumstance requiring immediate action to protect the public health, safety, and welfare of the City’s residents, and that the usual legislative procedures would result in an unreasonable delay during which applications for such unregulated uses could vest, undermining the City’s ability to adopt appropriate permanent regulations; and WHEREAS, this moratorium is adopted as a reasonable exercise of the City’s police power and land use authority to preserve the status quo and allow for orderly planning consistent with the Growth Management Act and applicable state law; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: 372 of 375 ORDINANCE NO. ________ 3 SECTION I. Moratorium Established. A moratorium is hereby established on the acceptance or processing of any application, permit, license, or approval for the change of use, establishment, location, construction, expansion, operation, or development of facilities for the detention, transportation, or food services for people detained by local, state, or federal law enforcement within the City of Renton. This moratorium shall apply to all applications and permits, including but not limited to building permits, land use permits, conditional use permits, business licenses, site plan approvals, and any other regulatory approvals necessary for such uses. SECTION II. Scope. For purposes of this ordinance, “facilities for the detention, transportation, or food services for people detained by local, state, or federal law enforcement” includes, but is not limited to, correctional institutions, detention centers, immigration detention facilities, processing centers, holding facilities, staging areas for the transportation of detained persons, and any commercial kitchen, commissary, or food preparation facility whose primary purpose is to provide meals or food services for detained persons. This moratorium does not apply to existing lawfully established uses or to any complete application that vested under regulations in effect prior to the effective date of this ordinance. SECTION III. Duration. This moratorium shall be effective for a period of six (6) months from the effective date of this ordinance, unless repealed, extended, or modified by the City Council. Pursuant to RCW 35A.63.220, this moratorium may be renewed for one or more additional six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal. 373 of 375 ORDINANCE NO. ________ 4 SECTION IV. Work Plan. During the moratorium period, City staff shall review the City’s current land use regulations, zoning code, and comprehensive plan to evaluate whether amendments or new regulations are needed to appropriately address facilities for the detention, transportation, or food services for detained persons. City staff shall prepare findings and recommendations for the City Council’s consideration prior to the expiration of this moratorium. SECTION V. Public Hearing. Pursuant to RCW 35A.63.220, the City Council shall hold a public hearing on this moratorium within sixty (60) days of its adoption. The City Council shall adopt findings of fact justifying this moratorium at or immediately after the public hearing. Notice of the public hearing shall be provided as required by law. SECTION VI. Severability. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION VII. Declaration of Emergency and Effective Date. The City Council hereby declares that an emergency exists necessitating that this ordinance take effect immediately upon passage by a majority plus one of the whole membership of the City Council, and that this ordinance is necessary for the immediate preservation of the public peace, health, safety, and welfare of the City of Renton. This ordinance shall be in full force and effect immediately upon its passage and approval. The City Clerk is directed to publish a summary 374 of 375 ORDINANCE NO. ________ 5 of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. PASSED BY THE CITY COUNCIL this day of , 2026. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2026. ______________________________ Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD-CED:26ORD010:03.04.2026 375 of 375