HomeMy WebLinkAboutFinal Agenda Packet
CITY OF RENTON
AGENDA – REGULAR
7:00 PM - MONDAY, JUNE 8, 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. PROCLAMATION
a) LGBTQIA+ Pride Month – June 2026
4. ADMINISTRATIVE REPORT
Administration Report
5. AUDIENCE COMMENTS- All remarks must be addressed to the Council as a whole, if a
response is requested please provide your name and address, including email address, to
the City Clerk to allow for follow‐up.
- Speakers must sign-up prior to the Council meeting.
- Each speaker is allowed three minutes.
- When recognized, please state your name & city of residence for the record. NOTICE to
all participants:
Pursuant to state law, RCW 29B.45.010,
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.
6. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and
the recommended actions will be accepted in a single motion. Any item may be removed for
further discussion if requested by a Councilmember.
a) Approval of Council meeting minutes of June 1, 2026. Council Concur
b) Community & Economic Development Department – Development Engineering
Division recommends adoption of an ordinance authorizing a franchise
agreement with Intermountain Infrastructure Group, LLC, as a purveyor of
telecommunications transmission and distribution systems within the City of
Renton. Refer to Utilities Committee
c) Community & Economic Development Department – Development Engineering
Division recommends adoption of a resolution authorizing McLeodUSA
Telecommunications Services, LLC to lease their telecommunications facilities to
Intermountain Infrastructure Group, LLC within the City of Renton. Refer to
Utilities Committee
d) Community & Economic Development Department – Economic Development
Division submits a request for the Arts & Culture Master Plan Update to be
reviewed by the Planning Commission. After the review is complete, staff will
provide the Planning Commission recommendation to the Planning &
Development Committee for further review and action. Refer to Planning
Commission and Planning & Development Committee
e) Community and Economic Development Department – Planning Division
submits additional items to the 2026 Title IV Docket #21 and new work items to
the division’s 2026 Work Plan. Refer to Planning Commission and Planning &
Development Committee
f) Public Works Department – Transportation Systems Division reports bid opening
on May 21, 2026 for the 2026 Slurry Seal project, and recommends awarding the
bid to the lowest responsive and responsible bidder, Doolittle Construction, LLC,
in the amount of $452,000. Council Concur
g) Public Works Department – Utility Systems Division recommends execution of
an agreement for Professional Services with Otak, Inc., in the amount of
$222,267, for the design of the 116th Ave SE and Edmonds Way SE AC Water
Main Replacement Project. Refer to Utilities Committee
7. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics marked with an
asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further
review is necessary.
a) Finance Committee: 1) Vouchers; 2) Certa Building Solutions, Inc. Renton City
Hall Roof Upgrade; 3) Agreement with DM Pacific for Henry Moses Aquatic
Center Maintenance and Repair; 4) EPA Community Grant for Panther Creek
Culvert Replacement at Talbot Road; 5) 4Culture Arts Sustained Support
Program Grant; 6) Renewal of City's Property, Pollution, and Cyber Insurance
Policies; 7) Application Authorization: Youth Athletic Facility Grant to Support
Liberty Park North Athletic Field Renovation*; 8) Application Authorization:
Washington Wildlife and Recreation Program-Local Parks Grant to Support
Cleveland-Richardson Park Development*; 9) Application Authorization Aquatic
Land Enhancement Account Grant to Support Coulon Swim Beach Restoration*;
10) Agreement with Epic Productions for Police Recruitment Program Using WA
State CJTC Grant Funds
b) Planning & Development Committee: 1) 2027 SKHHP Work Plan and
Budget*; 2) Paint with Purpose Mural at Highlands Neighborhood Center;
3) Comprehensive Plan Periodic Review Completion*
8. LEGISLATION
Resolutions:
a) Resolution No. 4585: A Resolution of the City of Renton,
Washington, authorizing the submission of an application for grant
funding assistance for a Youth Athletic Facility project to the
Recreation and Conservation Funding Board for the Liberty Park North
Athletic Field renovation. (See Item 7.a)
b) Resolution No. 4586: A Resolution of the City of Renton, Washington,
authorizing the submission of an application for grant funding
assistance for a Washington Wildlife and Recreation Local Parks
OneMeeting Project Confirmation of Work
Program project to the Recreation and Conservation Funding Board
for the Cleveland-Richardson Park Development. (See Item 7.a)
c) Resolution No. 4587: A Resolution of the City of Renton,
Washington, authorizing the submission of an application for grant
funding assistance for an Aquatic Lands Enhancement Account
Program project to the Recreation and Conservation Funding Board
for the Coulon Swim Beach Restoration Project. (See Item 7.a)
d) Resolution No. 4588: A Resolution of the City Council of the City of
Renton, Washington, approving the South King Housing and
Homelessness Partners 2027 Work Plan and Operating Budget. (See
Item 7.b)
e) Resolution No. 4589: A Resolution of the City Council of the City of
Renton, Washington, declaring completion of the 2024 Periodic
Review and Update to the City of Renton 2024 Comprehensive Plan
and Development Regulations Pursuant to RCW 36.70A.130. (See
Item 7.b)
9. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
10. ADJOURNMENT
Armondo Pavone Mayor
PROCLAMATION
WHEREAS, the month of June was designated Pride Month to honorthe 1969 Stonewal.l. Riots,
universatty acknowtedged as the catatyst of the Lesbian, Gay, Bisexuat, Transgender, Queer, lntersex, and
Asexua[ (LGBTQIA+) rights movemenU and
WHEREAS, Washington State and King County have remained at the forefront in safeguardingthe civit
rights of our lesbian, gay, bisexuat, transgender, queer, intersex, and asexuaI community members,
coworkers, friends, and famity; and
WHEREAS, acknowtedgingthe progress achieved thus far, we recognize the need for continued efforts
toward greater equatity and inclusion; and
WHEREAS, the City of Renton, through active partnership and communication with residents,
businesses, and educationaI institutions, commits itsetf to fostering an inctusive environment through
chaLtenging times and evotving environments that afford opportunities for att; and
WHEREAS, tesbian, gay, bisexuat, transgender, queer, intersex, and asexuaI residents enrich the
cutturat tapestry of our community, generousty giving their time, ta[ent, [abor, and financiaI support to
va rious community organizations; and
WHEREAS, to express our sotidaritywith the LGBTQIA+ community, the pride ftagwitt be proudty
disptayed at Renton City Hattfrom June B-12,2026; and
NOW THEREFORE, l, Armondo Pavone, Mayor of the City of Renton, do hereby prootaim June2026,
to be
LGBTQIA+ Pride Month
in the City of Renton, and I encourage att residents to join in this speciat observance, recognizing and
cetebrating the contributions of LGBTQIA+ individuats within our community.
lN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Renton to be
affixed this day of June 2026.
MayorA do Pavone
City of Renton, Washington
Renton City Hall, 7th Floor 1055 South Grady Way, Renton, WA 98057 . rentonwa.gov
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DATE: June 4, 2026
TO: Ruth Pérez, Council President
Members of the Renton City Council
FROM: Armondo Pavone, Mayor
Ed VanValey, Chief Administrative Officer
SUBJECT: Administrative Report
• The Renton City Concert Band returns to IKEA Performing Arts Center Sunday, June 14 at 2 p.m.
for its summer concert. Enjoy an afternoon of music under the direction of Conductor Kevin
Paustian. Tickets are $13 for adults and $10 for students and seniors. Purchase tickets in
advance at the Renton Community Center or at the door. For more information visit
www.rentonwa.gov/events.
• Interested in a career in law enforcement? Save the date! The Renton Police Department will
host a Career Workshop Saturday, June 20 from 8:30 a.m.-12:30 p.m. at Renton City Hall. This
is a great opportunity to connect with officers, explore specialty units, and gain valuable insight
into the hiring process – from applying to testing to background investigations and training.
Space is limited. Register at rentonwa.gov/rpdworkshop.
• FIFA live watch parties, movies, concerts, and other fun events will be hosted throughout the
summer at Renton’s new Legacy Square. For a full list of the events visit
www.rentonwa.gov/events.
• 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.
Monday, June 8 through Friday, June 12, 8:00am-3:00pm. Road closure on 158th Ave SE at
NE 4th St and intermittent lane closure on NE 4th St/SE 128th St for utility work. Approved traffic
control plans were issued for all work and will be followed. Questions may be directed to Pat
Decaro, 425-207-6013.
Monday, June 8 through Friday, June 12, 8:00am-3:00pm. Intermittent lane closure on SE
Carr Rd at 106th Pl SE for construction work. Approved traffic control plans were issued for
all work and will be followed. Questions may be directed to Brad Stocco, 425-282-2373.
On-going Street Closure through October 2, 2026 (City of Renton Resolution No. 4582)
FULL STREET CLOSURE on Logan Ave S between Transit Access Road and S Third St for the
purpose of hosting multiple events throughout the summer related to the World Cup watch
parties and community events. 6 of 173
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
Kim-Khánh Vǎn, Council Position No. 7
ADMINISTRATIVE STAFF PRESENT
Kristi Rowland, Deputy 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
Jennifer Spencer, Recreation Director
Amanda Free, Economic Development Director
Commander Dan Figaro, Police Department
ATTENDED REMOTELY
Judith Subia, Chief of Staff
Ron Straka, Public Works Utility Systems Director
Sonja Mejlaender, Community Events Coordinator
CITY OF RENTON
MINUTES – REGULAR
7:00 PM - MONDAY, JUNE 1, 2026
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
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3. SPECIAL PRESENTATION
a) Recognition of Renton’s 125th Birthday Student Writing Competition Awards:
Council President Pérez announced a Special Recognition for the Renton School
District students who submitted written and video essays celebrating Renton’s
125th birthday. City Clerk Seth read the Special Recognition from Council, which
included the students’ names. Jacob Winter, Renton Historical Society and
Genealogy Center Interim Executive Director thanked city officials for the
recognition and noted that some essayists were awarded up to $1,000 to support
Parent/Teacher Associations and school programming.
4. ADMINISTRATIVE REPORT
Deputy CAO Kristi Rowland 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 Tuesday, June 2 for opening day of the Renton Farmers Market. This year,
the Market returns to Piazza Park (South 3rd Street & Logan Avenue South) for its
25th season. Opening bell is at 3 p.m. with Mayor Pavone welcoming everyone at 5
p.m. Throughout the summer you can visit the Market weekly on Tuesdays from 3-7
p.m. through September 29 to pick fresh fruits, vegetables, flowers, enjoy activities
and entertainment, or engage with a Master Gardner. For more information visit
www.rentonwa.gov./rentonfarmersmarket.com.
• The Advanced Community Police Academy continues Tuesday, June 2 from 6-8:30
p.m. This every-other-year program gives Community Police Academy alumni, 18
years and older, the opportunity to take a deeper dive into public safety, connect
with officers and partner agencies, and explore specialized law enforcement
topics. During this session, participants will learn about the King County
Automated Fingerprint Identification System. To register for the session and receive
the location information visit www.rentonwa.gov/advcpa.com.
• Register now for Family Fun Night, Friday, June 5 from 6-8 p.m. at the Highlands
Neighborhood Center, 800 Edmonds Avenue NE. Participants of all ages will enjoy a
variety of games, arts and crafts, snacks, and more. The event is free and adult
supervision is required. Visit www.rentonwa.gov/events for more information and
to register for session #30661.
• Finish your spring cleaning by stopping by the Special Recycling Event, Saturday,
June 6, from 10 a.m.-2 p.m., at the Renton Technical College Parking lot located at
NE 6thPlace and Monroe Avenue NE. Recycle mattresses, tires, plastic bags,
cardboard, and Styrofoam. Visit www.rentonwa.gov/recycleevents for more
information.
• The day is finally here! Celebrate Renton’s Hat Trick and attend the Grand Opening
of Legacy Square, Renton Market, and Piazza Park, Saturday, June 6 from 1-8 p.m.
The event takes place in the heart of downtown at South 3rd Street and Logan
Avenue South. We promise fanfare and activities for the whole family. This event is
free and you can park for free in the nearby parking garage located on South 2nd St.
We can’t wait to celebrate these amazing new amenities with you!
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• 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
• Leslie Jensen, Renton, stated she supports continuing the moratorium on FLOCK and
ALPR cameras, and requested that city officials ban data centers in Renton.
• Daphne Baird, Renton, thanked city officials for the briefing on public safety surrounding
FIFA World Cup activities but remarked that more should be done to protect residents
from federal Immigration and Customs Enforcement officers.
• Michael Westgaard, Renton, requested a timeline regarding the future use or non-use of
the FLOCK camera systems. He also requested a moratorium on data centers.
• Zack Moore, Renton, stated that FLOCK cameras were useless in stopping his vehicle
from being stolen. He noted that FLOCK cameras do not reduce crime and requested a
moratorium on data centers.
• Gabriel Dias, Renton, thanked officials for celebrating Pride Month but requested more
be done to protect the LGBTQIA+ community.
• Amy (unknown), Renton, stated she is a healthcare provider in Renton and urged city
officials to end the FLOCK camera contract. She also spoke in support of a moratorium
on data centers.
• Gabrielle Weidling, Renton, requested additional protection for the LGBTQIA+
community, protections from federal Immigration and Customs Enforcement agents,
and stated support for a data center moratorium.
6. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and
the recommended actions will be accepted in a single motion. Any item may be removed for
further discussion if requested by a Councilmember. Councilmember O’Halloran pulled Item
6.h for separate consideration.
a) Approval of Council Minutes of May 18, 2026. Council Concur
b) Community & Economic Development Department – Economic Development
Division recommended approval of the installation of a mural designed by Shelly
Metzger of Acorn Murals, at a cost of $20,000, for inclusion in the city’s public art
collection, funded by the Parks and Recreation Department and the Paint with
Purpose program. Refer to Planning & Development Committee
c) Community & Economic Development Department – Economic Development
Division recommended execution of a Sustained Support Contract with 4Culture to
accept up to $88,000 in grant funds ($44,000 for 2026/$44,000 for 2027) to support
public art programming through the Paint with Purpose initiative. Refer to Finance
Committee
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d) Community & Economic Development Department – Planning Division
recommends adoption of a resolution stating that the review of the city’s
development regulations and periodic update to the Comprehensive Plan have
been completed. Refer to Planning & Development Committee
e) Community & Economic Development Department – Planning Division
recommended adoption of a resolution approving the 2027 South King Housing and
Homelessness Partners (SKHHP) Plan and Budget. Refer to Planning &
Development Committee
f) Human Resources and Risk Management Department recommended execution of
the city’s property, pollution, and cyber insurance premiums with Alliant Insurance
Services, in an amount up to $1,618,017.89, for the period July 1, 2026 through July
1, 2027. Refer to Finance Committee
g) Parks & Recreation Department – Parks & Trails Division recommended adoption of
a resolution authorizing application to the State Recreation and Conservation
Office (RCO) for a $1,500,000 Youth Athletic Facility grant to offset costs of
renovating the north athletic field at Liberty Park. Refer to Finance Committee
i) Parks & Recreation – Parks & Trails Division recommends adoption of a resolution
authorizing application to the Washington State Recreation and Conservation
Office (RCO) for a $500,000 WWRP Local Parks grant to support the development of
the Cleveland-Richardson Park. Refer to Finance Committee
j) Parks & Recreation Department – Parks & Trails Division recommends adoption of a
resolution authorizing application to the Washington State Recreation and
Conservation Office (RCO) for a $500,000 ALEA grant to support the restoration of
the Coulon Swim Beach. Refer to Finance Committee
k) Police Department recommends execution of a professional services agreement
with Epic Productions, in the amount of $321,000 (using a recent grant funding
award from the Washington State Criminal Justice Training Commission) for law
enforcement recruitment marketing and media services. Refer to Finance
Committee
l) Police Department recommends execution of a FIFA World Cup Grant Award in the
amount of $378,412 as reimbursement for security services associated with
hosting a FIFA World Cup team, and requests adoption of two resolutions
authorizing interlocal agreements for the Cities of Kent and Tukwila, to assist with
FIFA related police services. Council Concur
m) Public Works Department – Facilities Division recommends approval of Change
Order #4 to CAG-24-327, contractor DM Pacific, for additional work and sales tax
reconciliation for the the Henry Moses Aquatic Center Maintenance and Repair
project. Refer to Finance Committee 10 of 173
n) Public Works Department – Transportation Systems Division recommends
adoption of a resolution authorizing a temporary full street closure of Ripley Ln
North from the Virginia Mason Athletic Center north driveway to the Eastrail Trail
Trestle Undercrossing to occur between June 26, 2026, and October 5, 2026 for the
purpose of constructing a fish passage culvert supporting the I-405 Renton to
Bellevue, Widening and Express Toll Lanes project. Refer to Transportation
(Aviation) Committee
o) Public Works Department – Utility Systems Division reports bid opening on April 29,
2026, for the Rainier Ave S Stormwater Pump Station Upgrade project (CAG-26-069)
and recommends awarding the contract to the lowest responsive and responsible
bidder, Northwest Cascade, Inc. in the amount of $1,779,724.05. Council Concur
p) Public Works Department – Utility Systems Division recommends execution of a
grant agreement with the United Stated Environmental Protection Agency, to
accept $959,742 in grant funds (with a 20% city match of $239,938) to fund the
design of the Panther Creek Culvert Replacement at Talbot Road project; and
authorize an additional appropriation of $239,938 from the Surface Water Utility
Funds 407/427 unrestricted fund balance. Refer to Finance Committee
MOVED BY MCIRVIN, SECONDED BY ALBERSON, COUNCIL ADOPT THE
CONSENT AGENDA, MINUS ITEM 6.h. CARRIED.
6. SEPARATE CONSIDERATION – ITEM 6.h
h) Parks & Recreation Department – Parks & Trails Division recommended adoption of
a resolution authorizing application to the Washington State Recreation
Conservation Office (RCO) for a $2,500,000 WWRP Trails grant to support the
development of the Northeast Renton Trailhead Park. Refer to Finance Committee
Councilmember O’Halloran stated that this item was removed from the agenda per
a request from the Administration.
7. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics marked
with an asterisk (*) may include legislation. Committee reports on any topic may be held by the Chair if
further review is necessary.
a) Utilities Committee: Chair Văn presented a report recommending concurrence in
the staff recommendation to authorize the Mayor and City Clerk to execute
Amendment No. 3 to CAG-23-451 with Cascadia Consulting Group in the amount of
$212,197 for waste prevention technical assistance to commercial customers.
MOVED BY VǍN, SECONDED BY ALBERSON, COUNCIL CONCUR IN
THE COMMITTEE RECOMMENDATION. CARRIED.
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b) Planning & Development Committee: Chair Prince presented a report
recommending concurrence in the staff and Planning Commission
recommendation to adopt the 2025 Title IV Docket Group 20D, D-248: Large Site
Master Plan and Development Agreement item. The Planning and Development
Committee further recommends that an ordinance for this item be prepared and
presented for first reading when complete.
MOVED BY PRINCE, SECONDED BY VǍN, 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 the 2025 Title IV Docket Group 20D, D-249: Planned
Urban Development Regulations - Open Space item. The Planning and
Development Committee further recommends that an ordinance for this item be
prepared and presented for first reading when complete.
MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
d) Planning & Development Committee: Chair Prince presented a report
recommending concurrence in the staff and Planning Commission
recommendation to adopt the 2025 Title IV Docket Group 21A, D-250: Affordable
Housing Waived Fees item. The Planning and Development Committee further
recommends that an ordinance for this item be prepared and presented for first
reading when complete.
MOVED BY PRINCE, SECONDED BY D, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
8. LEGISLATION
Resolutions:
a) Resolution No. 4583: A Resolution of the City of Renton, Washington,
authorizing The Mayor and City Clerk to enter into an interlocal agreement with the
City of Kent for the purpose of assisting the Renton Police Department with security
and police services for the 2026 FIFA World Cup entitled 2026 FIFA World Cup
Mutual Aid Interlocal Agreement.
MOVED BY ALBERSON, SECONDED BY O’HALLORAN, COUNCIL ADOPT
THE RESOLUTION AS READ.
b) Resolution No. 4584: A Resolution of the City of Renton, Washington,
authorizing the Mayor and City Clerk to enter into an interlocal agreement with the
City of Tukwila for the purpose of assisting the Renton Police Department with
security and police services for the 2026 FIFA World Cup entitled 2026 FIFA World
Cup Mutual Aid Interlocal Agreement.
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MOVED BY ALBERSON, SECONDED BY O’HALLORAN, COUNCIL ADOPT
THE RESOLUTION AS READ. CARRIED.
9. NEW BUSINESS
Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.
MOVED BY RIVERA, SECONDED BY VǍN, COUNCIL REFER THE ISSUE
OF BANNING ICE (FEDERAL IMMIGRATION AND CUSTOMS
ENFORCEMENT OFFICIALS) FROM CITY-OWNED PROPERTY WITHIN
OUR LEGAL MEANS TO THE ADMINISTRATION. CARRIED.
MOVED BY RIVERA, SECONDED BY VǍN, COUNCIL REFER THE ISSUE
OF REVISITING THE RESOLUTION ENHANCING PROTECTIONS FOR THE
LGBTQIA+ COMMUNITY TO THE ADMINISTRATION. CARRIED.
MOVED BY VǍN, SECONDED BY RIVERA, COUNCIL REFER THE MATTER
OF BANNING DATA CENTERS TO THE ADMINISTRATION. CARRIED.
10. ADJOURNMENT
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
Monday, June 1, 2026
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Council Committee Meeting Calendar
June 1, 2026
June 8, 2026
Monday
2:30 p.m. Community Services Committee, Chair McIrvin
Location: Council Conference Room/Videoconference
1. Human Services Update
2. Emerging Issues in Parks & Recreation
3:30 p.m. Planning & Development Committee, Chair Prince
Location: Council Conference Room/Videoconference
1. 2027 SKHHP Work Plan and Budget
2. Paint with Purpose Mural at Highlands Neighborhood Center
3. Comprehensive Plan Periodic Review Completion
4. City Center Community Plan Informational Update
5. Title IV 2026 Docket Group
6. Emerging Issues in CED
4:45 p.m. Finance Committee, Chair O’Halloran
Location: Council Conference Room/Videoconference
1. Certa Building Solutions, Inc. Renton City Hall Roof Upgrade
2. Agreement with DM Pacific for Henry Moses Aquatic Center
Maintenance and Repair
3. EPA Community Grant for Panther Creek Culvert Replacement at Talbot
Road
4. 4Culture Arts Sustained Support Program Grant
5. Renewal of City's Property, Pollution, and Cyber Insurance Policies
6. Application Authorization: Youth Athletic Facility Grant to Support
Liberty Park North Athletic Field Renovation
7. Application Authorization: Washington Wildlife and Recreation
Program-Local Parks Grant to Support Cleveland-Richardson Park
Development
8. Application Authorization Aquatic Land Enhancement Account Grant to
Support Coulon Swim Beach Restoration
9. Agreement with Epic Productions for Police Recruitment Program Using
WA State CJTC Grant Funds
10. Vouchers
11. Emerging Issues in Finance
5:45 p.m. Committee of the Whole, Chair Pérez
Location: Council Chambers/Videoconference
1. Executive Services Department Update
7:00 p.m. Council Meeting
Location: Council Chambers/Videoconference
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1
SUBJECT/TITLE:Intermountain Infrastructure Group, LLC Franchise Agreement
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Community & Economic Development
STAFF CONTACT: Nathan Janders
EXT.: 7382
N/A
Intermountain Infrastructure Group, LLC 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. A franchise agreement with the City is required for the use of the
City rights-of-way for this private telecommunications system and is subject to appropriate fees for
the reduced value of the affected rights-of-way.
The franchise agreement permits Intermountain Infrastructure Group, LLC 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 Intermountain Infrastructure Group, LLC 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
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DATE:June 8thb, 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:Intermountain Infrastructure Group, LLC Franchise
Agreement
ISSUE:
Should Council authorize the Mayor and City Clerk to enter into a franchise agreement
with Intermountain Infrastructure Group, LLC?
RECOMMENDATION:
Staff recommends that Council authorize the Mayor and City Clerk to enter into a
franchise agreement with Intermountain Infrastructure Group, LLC as a purveyor of
telecommunications transmission and distribution systems within the City of Renton.
BACKGROUND SUMMARY:
Intermountain Infrastructure Group, LLC 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 Intermountain Infrastructure Group, LLC 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 Intermountain Infrastructure Group, LLC for the
proposed franchise agreement would be effective for a period of five (10) years. A
possible 5-year renewal may allowed for, via the franchise, at the City's discretion.
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June 4, 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 Intermountain Infrastructure Group, LLC 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 Intermountain
Infrastructure Group, LLC 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 Intermountain Infrastructure Group, LLC.
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: Intermountain Infrastructure Group, LLC 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.
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Kim-Khánh Văn, Committee Chair
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June 4, 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 Intermountain Infrastructure Group, LLC, its
successors and contractors.
27. Effective Date: Franchise becomes effective five days after legal publication.
Intermountain Infrastructure Group, LLC 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
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1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING
INTERMOUNTAIN INFRASTRUCTURE GROUP, LLC, A DELAWARE LIMITED
LIABILITY COMPANY, 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
Intermountain Infrastructure Group, LLC 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:
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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 .......................................................................................... 46
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 ............................................................................................................... 59
SECTION XXVI. Miscellaneous ................................................................................................. 60
SECTION XXVII. Effective Date ................................................................................................. 65
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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
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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 Intermountain Infrastructure Group, LLC, a Delaware
limited liability company, 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
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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 Intermountain Infrastructure Group,
LLC.
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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).
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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
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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,
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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
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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.
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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
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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.
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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:
d. 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.
e. Franchisee’s proportionate share of any City of Renton time spent reviewing
construction plans in order to either accomplish the relocation of Franchisee’s
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Facilities or the routing or rerouting of any utilities so as not to interfere with
Franchisee’s Facilities.
f. 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.
g. 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
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or transfer with Renton, together with its written acceptance of all of the Franchise
terms and conditions.
h. The Franchise terms and conditions shall be binding upon the Parties’
respective assigns and successors.
i. Notwithstanding the foregoing, Franchisee may enter into a new pledge of the
Franchise for security purposes during the Franchise only with the City Council’s
consent evidenced by a Resolution articulating acceptance. To the extent Franchisee
has entered into mortgage or other security agreement prior to entry into this
Franchise and the secured party elects to realize on the collateral, then the secured
party is considered an assignee or transferee subject to provisions of subparagraph
6.1.a of this Agreement.
j. 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.
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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.
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.
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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
of its statutory, inherent and other powers and franchise authority, as they exist or shall
exist.
SECTION IX. Permits, Construction and Restoration
9.2 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.
9.3 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
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temporary structures and facilities, erection of permanent structures and
facilities, horizontal and vertical separation from public utilities, applicable
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. 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.
9.4 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.
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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
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
subsection 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.
9.5 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.
9.6 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
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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. Upon request from Franchisee, Renton may allow for other methods to meet the
requirement as may be approved by Renton as part of permitting.
9.7 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.
9.8 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.
9.9 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 impairs 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,
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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
Renton for all costs, fees, and expenses resulting from that necessary action in accordance
with subsections 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.
9.10 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.
9.11 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 $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
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Franchise Area. Franchisee shall pay all premiums or other costs associated with
maintaining the bond. Additionally, if Renton determines that 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.
9.12 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.
9.13 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
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requested by Renton. All costs for performing on-site testing, such as compaction tests,
shall be borne by Franchisee.
9.14 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 subsections 5.7, 5.8, and 5.9.
9.15 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
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and guidelines established by the One Call Locator Service regardless of whether the City
issued a permit.
9.16 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.
9.17 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.
9.18 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
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thirty (30) days of that notice, or such other period of time as is mutually agreed, Renton, or
its authorized agent, may restore the Franchise Area at Franchisee’s sole and complete
expense in accordance with subsections 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.
9.19 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 Party 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
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Franchisee facilities shall be the sole responsibility of Franchisee. Franchisee shall, at
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,
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it shall not thereafter be necessary for Franchisee to obtain Renton’s approval on each
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.
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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.
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 is
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 subsection 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
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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.
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 XII
except to the extent caused by the sole negligence or willful misconduct of the City, its
employees, contractors, or agents.
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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
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
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in accordance with applicable Laws, any extraordinary costs in responding to an emergency
situation involving Franchisee’s Facilities.
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 the Franchisee’s Facilities of all as-built
plans and maps 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
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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 by the City at reasonable times and intervals but no more than one time
per year or upon the City’s good faith belief that there has been a violation of this
Franchise by Franchisee; provided, however, that nothing in this subsection 13.4
shall be construed to require Franchisee to violate state or federal law regarding
customer privacy, nor shall this subsection 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.
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13.6 Disclosure to Third-Parties:
a. Nothing in subsections 13.4 and 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
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
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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.
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
15.2 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
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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
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.
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.
15.3 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 subsection 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.
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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.
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.
15.4 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. The
relocation completion date will be included in the City’s written request for said
relocation to Franchisee. 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 subsections 15.8 through 15.11.
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15.5 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.
Upon receipt of notice, Franchisee shall respond as soon as reasonably practicable to
relocate the affected Facilities, at Franchisee’s sole expense. See also subsection 12.1 of
this Agreement.
15.6 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.
15.7 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
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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
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.
15.8 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.
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c. The City may seek reimbursement from Franchisee for all costs associated
with evaluation and implementation of proposed alternatives. Costs shall related to
implementation, but is not limited to, redesign, construction cost increases and any
contractor(s) change orders or claims for delays or damages. All costs shall be
reimbursed in accordance with subsections 5.7 through 5.9.
15.9 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.
15.10 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 the Franchisee’s Facilities installed or operated
under this Franchise 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.
15.11 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:
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a. Tender the Contractor Delay Claim to Franchisee for defense and
indemnification in accordance with subsection 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
contractor(s) as a direct result of the Contractor Delay Claim; provided that, if the
City requires reimbursement by Franchisee under this subsection 15.8.b, the City
shall first give Franchisee written notice of the Contractor Delay Claim.
15.12 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 subsections 5.7, 5.8, and 5.9.
15.13 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
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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
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
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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.
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
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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
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.
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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.
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
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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
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
subsection 17.9 above. Liquidated damages described in this subsection 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.
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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
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
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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
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,
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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
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
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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 subsection 19.5 below; and all taxes, insurance, interest
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
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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,
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
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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
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.
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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
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
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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
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
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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
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
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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
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
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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
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
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condition arising out of or resulting from the use and occupancy of the premises and
the operations conducted thereon.
e. Limits may be satisfied by a single primary limit or by a combination of
separate primary and umbrella or excess liability policies, provided that coverage
under the latter shall be at least as broad as that afforded under the primary policy
and satisfy all other requirements applicable to liability insurance including but not
limited to additional insured status for Renton.
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
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.
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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.
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,
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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:
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 subsection 15.1.c
Franchisee Address:
Intermountain Infrastructure Group, LLC
533 Airport Blvd., Suite 400
Burlingame, CA 94010
Attn: Legal Department
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Franchisee Permitting Contact:
permits@intermountainig.com
Franchisee Emergency Contact:
Intermountain Infrastructure Group, LLC Network Operations Center
1-800-444-9943
noc@intermountainig.com
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.
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.
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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.
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
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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,
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
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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
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.
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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
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
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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.
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.
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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:26ORD016:05.28.2026
[MPK Template Approval 10.18.2025]
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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____.
Intermountain Infrastructure Group, LLC
____________________________________
Jennifer Halsing
____________________________________
Director of Tax & Regulatory Affairs
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Attachment 1
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1
SUBJECT/TITLE:McLeodUSA Telecommunications Services, LLC Sublease
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Community & Economic Development
STAFF CONTACT: Nathan Janders
EXT.: 7382
There is no fiscal impact on the City by adopting the resolution.
McLeodUSA Telecommunications Services, LLC (McLeodUSA) holds a franchise granted by the City
under ordinance 5768 authorizing it to construct, operate and maintain telecommunications facilities
within the City's right-of-way. The ordinance allows McLeodUSA to lease facilities authorized by the
ordinance with the passage of a resolution by City Council. McLeodUSA has requested to sublease
their telecommunication facilities to Intermountain Infrastructure Group, LLC. Intermountain
Infrastructure Group, LLC has been granted a franchise and requested use of McLeodUSA's conduit.
Adopt the resolution authorizing McLeodUSA to lease their telecommunications facilities to Intermountain Infrastructure
Group, LLC within the City of Renton.
City Council Regular Meeting
FISCAL IMPACT SUMMARY:
SUMMARY OF ACTION
STAFF RECOMMENDATION
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Sensitivity: Internal
Todd Correll
Corporate Real Estate
Windstream
4005 N. Rodney Parham Road
Little Rock, AR 72212
June 23, 2025
Via Email
City of Renton
1055 S. Grandy Way
Renton, WA 98057
Attn: Nathan Janders
Re:
This letter is to serve as a written request for a resolution to franchise 5768 between McLeodUSA
Telecommunications Services, Inc. (Windstream) and the City of Renton, WA. McLeodUSA requests a
resolution to franchise 5768 to authorize McLeodUSA to sublease the franchise to Intermountain
Infrastructure Group (IGG).
Please don’t hesitate to contact Bryan Bogan for any questions or additional information.
Thank you for your consideration.
McLeod USA Telecommunications Services, LLC
___________________
Todd Correll
Cc: Bryan Bogan
Kelley Langdon
Sr. Director of Real Estate
Docusign Envelope ID: 4CEAB086-3B99-4D7B-AAA4-904DDE8E6945
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Sensitivity: Internal
July 2, 2025
Via Email (NJanders@Rentonwa.gov)
City of Renton
1055 S. Grandy Way
Renton, WA 98057
Attn: Nathan Janders
RE: Request for Resolution to Franchise 5678
Mr. Janders,
I am reaching out to clarify McLeodUSA’s previous letter to the City of Renton that
was sent on June 23, 2025, regarding the request for a resolution to franchise 5768. Our
June 23 letter mentions that the request is to sublease the franchise to Intermountain
Infrastructure Group (IGG), but it lacked to mention that the sublease to IGG is to be
limited in scope.
McLeodUSA intends to retain and utilize franchise 5768 with the City of Renton.
The request for a resolution to franchise 5768 is to ask for the City of Renton’s consent to
sublease one (1) of McLeodUSA’s conduits to IGG under franchise 5768. McLeodUSA will
retain and utilize the overarching franchise with the City of Renton.
Please don’t hesitate to contact me with any questions or additional information.
Thank you for your consideration.
Daniel J. King
Senior Counsel
Daniel.King@windstream.com
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CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING
INTERMOUNTAIN INFRASTRUCTURE GROUP TO LOCATE WITHIN
MCLEODUSA INFRASTRUCTURE LOCATED IN THE CITY’S RIGHTS-OF-
WAY, PURSUANT TO CITY OF RENTON ORDINANCE NO. 6193 AND
ORDINANCE NO. 5768, SUBJECT TO CONDITIONS.
WHEREAS, Intermountain Infrastructure Group, LLC (“Intermountain”) has been
granted a franchise by the City of Renton pursuant to City of Renton Ordinance No. 6193,
authorizing it to construct, operate, and maintain telecommunications facilities within the
City’s right-of-way; and
WHEREAS, McLeodUSA Telecommunications Services, LLC (“McLeodUSA”) holds
a franchise granted by the City of Renton under Ordinance No. 5768, authorizing it to
construct, operate, and maintain telecommunications facilities within the City’s right-of-
way. Intermountain has requested authorization from the City to locate its
telecommunications facilities within McLeodUSA’s conduits and other infrastructure
located in the City’s right-of-way; and
WHEREAS, such co-location may promote efficient use of the City’s rights-of-way
and reduce unnecessary excavation and disruption to the public; and
WHEREAS, the City desires to allow such co-location, provided that both
Intermountain and McLeodUSA maintain current and valid franchise agreements with the
City and comply with all applicable laws, regulations, and franchise requirements;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,
DO RESOLVE AS FOLLOWS:
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SECTION I. Intermountain Infrastructure Group is hereby authorized to locate its
telecommunications facilities within McLeodUSA’s conduits and other infrastructure within
the City of Renton rights-of-way, as permitted under City of Renton Franchise Agreement
Ordinance No. 5768. All work performed under this authorization shall remain subject to
applicable City permitting, inspection, and right-of-way management requirements.
SECTION II. The authorization granted in Section I is subject to the following terms
and conditions intended to protect the public interest, ensure proper management of the
City’s rights-of-way, and maintain compliance with the City’s franchise requirements:
A. Franchise Compliance. Intermountain and McLeodUSA shall each hold and
continuously maintain valid and effective franchise agreements with the City of
Renton, in full compliance and good standing as determined by the City.
B. Termination. This authorization shall automatically terminate upon
expiration, revocation, or termination of either franchise agreement, as determined
by the City. Upon notice from the City, Intermountain shall promptly remove its
facilities in accordance with subsection II.C.
C. Removal of Facilities. Upon termination or expiration of either franchise, all
Intermountain facilities located within McLeodUSA infrastructure in the City’s right-
of-way shall be removed in accordance with the applicable terms of their respective
franchise agreements.
D. Limitation of City Responsibility. Nothing in this Resolution shall be construed
as creating any obligation or liability of the City with respect to any private agreement
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RESOLUTION NO. _______
3
between Intermountain and McLeodUSA, nor shall it confer any right of access to
Intermountain independent of such agreement.
SECTION III. Both parties shall comply with all applicable provisions of their
franchise agreements, Renton Municipal Code, and any other applicable local, state, or
federal laws governing use of the public right-of-way.
SECTION IV. Nothing in this Resolution shall be construed as a waiver of any right,
privilege, or authority of the City under any existing franchise, ordinance, or law.
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:26RES021:05.27.2026
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SUBJECT/TITLE:Arts & Culture Master Plan Update
RECOMMENDED ACTION: Refer to Planning Commission and Planning & Development
Committee
DEPARTMENT: Community & Economic Development
DIVISION: Economic Development
STAFF CONTACT: Jessie Kotarski
EXT.: 7271
Adoption of the Arts & Culture Master Plan does not in itself authorize new expenditures.
The Arts & Culture Master Plan is being presented for consideration and recommendation for formal adoption by City
Council as an updated version of the City’s previously adopted 2010 Arts and Culture Master Plan. The updated Plan
provides a refreshed comprehensive framework to guide the City’s investments, policies, and programming related to arts
and culture, including public art, cultural equity, creative placemaking, and support for the creative economy. The Plan
reflects extensive engagement with artists, cultural organizations, City departments, and community stakeholders, and
aligns with current City priorities related to economic development, livability, and neighborhood identity. It updates and
expands upon the goals and strategies established in 2010, with an emphasis on growing and elevating Renton’s creative
economy, which is a priority focus for CED in 2026 and beyond
Staff recommends adoption of a resolution adopting the Arts & Culture Master Plan Update following review by the
Planning Commission and Planning & Development Committee.
City Council Regular Meeting
FISCAL IMPACT SUMMARY:
SUMMARY OF ACTION
STAFF RECOMMENDATION
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1
SUBJECT/TITLE:Adding Items to the 2026 Title IV Docket #21 and Other New
Work Program Items
RECOMMENDED ACTION: Refer to Planning Commission and Planning & Development
Committee
DEPARTMENT: Community & Economic Development
DIVISION: Planning
STAFF CONTACT: Angie Mathias
EXT.: 6576
None
RMC 4-8-070.G outlines the types of review the Planning Commission shall conduct. The review of the
Development Regulations (Title IV Docket) and Comprehensive Plan amendments process are specifically
listed. Land Use Regulations and Comp. Plan. amendment review occurs upon Council request. The Planning
Commission will make recommendations regarding the Land Use Regulations and Comp. Plan. to the
Council. Final recommendation of the Docket is the authority of the Council.
Title IV Development Regulations and Comprehensive Plan Amendments
This process is codified in RMC 4-9-020, Comprehensive Plan Adoption and Amendment Process and 4-9-
025, Title IV Development Regulation Revision Process. Staff has compiled a series of amendments to Title IV
of the Renton Municipal Code (Development Regulations) that initiates several regulatory amendments that
respond to important issues facing the City and some potential Comprehensive Plan Land Use map
amendments, as well as some small text amendments. The proposed list of amendments includes City
initiated amendments.
Refer the items below for the 2026 Title IV Docket #21 and the other work program items to the Planning and
Development Committee and Planning Commission for review. Following this review, the Planning
Commission will present code revision recommendations to Council.
2026 DOCKET #21 - TITLE IV
New Additional Items – Approval for Work Plan Requested
HB 1096 – Lot Splitting
In 2025, the Legislature passed a bill that will require that cities allow new lots to be created
through a lot splitting process. A lot split is defined as the administrative process of dividing an
existing lot into two lots for the purpose of sale, lease, or transfer of ownership. Renton needs to
adopt standards to implement this requirement by July 27, 2027.
Impervious Surfaces
City Council Regular Meeting
FISCAL IMPACT SUMMARY:
SUMMARY OF ACTION
STAFF RECOMMENDATION
94 of 173
2
The definition of impervious surface in RMC differs from the definition in the storm water manual
used by Public Works and does not allow for partial credits for permeable pavements or turfs that
do not utilize an underdrain. Additionally, there are some aspects about impervious surfaces that
are unclear or confusing to staff and the public, such as how to calculate the amount of
impervious surface. Staff would like to revise code in several sections to better clarify and provide
consistency across the sections related to impervious surfaces.
Housekeeping
Staff compile a list of small changes to code that would be helpful to amend or that are small
errors, for example referencing a specific code section that has been rearranged and now is an
incorrect reference. Other potential helpful changes might be the order in which things are listed
or how they are written. For example, a bulleted or itemized list rather than a paragraph that would
be better understood bulleted. None of these changes would be substantive or policy changes,
the intent of the code and predominately the exact wording would remain the same.
HB 1494 Multi Family Property Tax Exemptions (MFTE)
In 2025 the Legislature adopted HB 1494 that allows for some optional amendments to code
regarding MFTE. Staff would like to review and consider if these options are appropriate for
Renton. Additionally, the statutes were revised to allow households to remain in affordable
housing until they are at 150% of the Area Median Income (AMI) and to allow a sliding scale
penalty for MFTE projects to come into compliance with the requirements of MFTE rather than
immediate termination of the exemption.
SB 5559 Unit Lot Subdivision Local Government Procedures
In 2025 the legislature amended RCW 58.17 preempting cities review procedures as they relate to
unit lot subdivisions. These types of subdivisions are typical for fee simple townhome
developments. Staff will need to review the updates to the RCWs and ensure compliance with the
city’s existing unit lot subdivision review procedures. Any required text amendments must be
completed and effective no later than July 27, 2027.
2026 Work Plan – Non Title IV Items
New Items – Approval for Work Plan Requested
ADU Covenant Release
Under Ord. 5473 (2009), property owners were required to record a restrictive covenant ensuring
onsite owner occupancy when proposing an ADU. To comply with state mandates in HB 1337,
which limits a city’s ability to require owner occupancy, the City amended its code through Ord.
6061 (2025) and repealed the owner-occupancy requirement. Staff have since received inquiries
from residents regarding the release of previously recorded restrictive covenants. The City
proposes to process the release of these covenants through a consolidated effort applicable to all
properties where a covenant was recorded.
City Center Community Plan Update
Inside the boundary of the City Center Community Planning area is the City’s Regional Growth
Center. The designation as a Regional Growth Center is approved by the Puget Sound Regional
Council (PSRC). Centers are the hallmark of VISION 2050 and the Regional Growth Strategy. They
guide regional growth allocations, advance local planning, inform transit service planning, and
represent priority areas for PSRC's federal transportation funding. The region has designated 30
regional growth centers. These are locations of the region’s most significant business,
governmental, and cultural facilities and are planning for growth. Recently, PSRC required
Centers to be resubmitted for consideration and monitoring. As part of that review, PSRC
indicated that Renton should update the City Center Community Plan and consider the
boundaries of the Growth Center. The Plan was adopted in 2011, with two small amendments
prior to 2020. Staff would like to initiate such an update later in 2026.
Noise Variance Procedures
Sections 4-9-250.B and 8-7-8.C contain conflicting process and procedures, specifically those for 95 of 173
3
variances and noise variances. Staff would like to amend Title VIII to align with the process and
procedures of Title IV.
2026 DOCKET #21 - TITLE IV
Carry Forward – From First Issue Paper – Approved for Work Plan
Child Care Centers
In 2025, the Legislature passed SB 5509 which requires the city to amend regulations to permit
out right child care centers in all zones, except industrial zones. The city currently allows child
care centers in all zones except RC and R-1. However, in residential zones they are required to go
through the Hearing Examiner conditional use process. Allowing them outright in all zones must
be implemented by July 27, 2027.
Waived Fees
Staff would like to review eligibility criteria for waived fees in general, but also specifically the
minimum number of units to qualify and affordability levels. Currently, in order for affordable
owner occupied housing to qualify for waived fees the project must consist of at least 10 units. For
the project overall, at least 50% of the units must be affordable to households that make 80% or
less Area Median Income (AMI). The other 50% of the units must be affordable to households that
make 120% AMI. The units that are at 80% must be affordable in perpetuity.
For affordable rental projects, there must be at least 8 units if it is in the R-1, R-4, R-6, R-8, R-10,
R-14, or RMF zones. For projects in the CN, CA, CV, CD, or CO zone the minimum number of units
for eligibility is 30. The income level for the rental housing must be affordable to residents who
make 60% or below AMI.
Urban Design Regulations
The city received a request to consider a docket item regarding urban design provisions and the
transition to surrounding development. The request was to amend the specific streets between
which applicants must demonstrate that their project has an appropriate transition to the
neighborhood in Design District C. Staff would like to expand this request to review the design
regulations in general to ensure that the regulations are compliant with recent legislation that
requires the regulations to be clear and objective or lacking in subjectivity. The regulations do
allow for deviation from the prescribed standards, however a full review is appropriate to ensure
compliance.
Transportation Impact Fees
The city will be shifting its concurrency program to allow for collection and utilization for multi-
modal transportation projects. The code needs to be amended to implement this shift.
Frontage Improvements
Current city regulations require frontage improvements (sidewalk, planting strip, curb, and gutter)
for all new development. There have been instances when a single family home is demolished and
a new one constructed on a site where there is no existing frontage improvements. Occasionally,
this is occurring mid-block and there are no existing sidewalks on either side of the new
construction. Staff would like to consider allowing a fee in lieu for some limited projects, where
the revenue collected would be dedicated to city projects that improve pedestrian connectivity
and access.
Parking
SB 5184 passed by the Legislature in 2025 requires the city to reduce or remove most of the
minimum parking requirements. The Department of Commerce is expected to release guidance
on compliance with the Legislation. Parking for ADA spaces, temporary, and loading parking can
be required. The city must have new regulations in place by January 27, 2027.
2026 DOCKET #21 – COMPREHENSIVE PLAN
City Initiated Amendments
Comprehensive Plan Text and Map Amendments
There have been some scrivener’s errors and other small text amendments that have been
identified for amendment. For example, changing the name of the Parks, Recreation, and Natural 96 of 173
4
Areas Plan to the Parks, Recreation, and Open Space Plan. Potential Land Use Map amendments
may be recommended following staff review of potential rezones to RMF-2 and rezones to CN
zone. Review of rezones to RMF-2 that did not require a Land Use Map amendment was
completed in Fall 2025.
2025 DOCKET #20 - TITLE IV
Carry Forward – From 2025 Issue Paper – Approved for Work Plan
Encourage Infill in CO Zone
Consider allowing standalone accessory uses in the CO Zone where primary uses are already
established. Currently, uses deemed to be permitted accessory uses in the CO Zone, such as
restaurants, are only allowed if integrated into an office building or a residential mixed-use
building; consider allowing such uses to be built as standalone infill development to encourage
full utilization CO-zoned sites.
Planned Urban Development Regulations – Open Space
Look at additional opportunities to provide private open space for upper story residential units
that is not limited to balconies.
Large Site Master Plan Flexibility and Development Agreement
Development regulations specific for large scale developments that are phased over a longer
planning horizon are not anticipated in the city’s current entitlement process. Consider text
amendments to the existing master plan regulations for large site large scale projects, add
specific provisions for development agreements that provide, and add flexibility to the
development standards in either of these processes similar to a Planned Urban Development
entitlement.
Shelter, Transitional housing, Emergency housing and Permanent (STEP) supportive housing
Shelter, Transitional housing, Emergency housing and Permanent (STEP) supportive housing
Renton adopted new standards to comply with HB 1220 regarding what is now termed STEP
housing in 2021. The code applies some location criteria and institutes some standards such as
projects with more than 50 beds be cited within 1 mile of a transit stop and that the operator have
a safety and security plan. Code should be reviewed to ensure that the standards ensure public
safety, health, and welfare of the city.
Design and Construction Standards Manual
Add language in Title 4 that defines applicability, process procedures, and expiration for Public
Works and Civil Construction Permits (i.e. right of way use permits, civil construction permits,
utility permits, etc.). Clarify language in Title 9-2 to define the procedures, requirements, and
allowed use under a right of way use permit (short time use of right of way) and a revocable right of
way use permit). In addition, define specialized right-of-way use permits for uses such as food
trucks and sidewalk cafes.
2024 DOCKET #19 - TITLE IV
Carry Forward – From 2024 Issue Paper – Approved for Work Plan
HB 1799 Solid Waste Standards
Review minimum size requirements of garbage and recyclables deposit areas in
multifamily developments and nonresidential developments
Consider adding minimum size requirements for organic waste collection areas in
multifamily developments and nonresidential developments
Review size requirements of signs in waste enclosures
Review RMC for consistency with recently adopted state legislation (2022 Organics
Management Law) related to requiring businesses to divert organic materials away from
landfill disposal
97 of 173
DATE:May 29, 2026
TO:Ruth Perez, Council President
Members of Renton City Council
VIA:Armondo Pavone, Mayor
FROM:Gina Estep, Community and Economic Development
Administrator (x6588)
STAFF CONTACT:Angie Mathias, Long Range Planning Manager (x6576)
SUBJECT:Adding Items to the 2026 Title IV Docket #21 and Other
New Work Program Items
ISSUE:
Should the 2026 Title IV Docket #21 work program and other work program items be
referred to the Planning & Development Committee and the Planning Commission for
consideration and potential adoption?
RECOMMENDATION:
Refer the items below for the 2026 Title IV Docket #21 and the other work program items
to the Planning and Development Committee and Planning Commission for review.
Following this review, the Planning Commission will present code revision
recommendations to Council.
BACKGROUND:
RMC 4-8-070.G outlines the types of review the Planning Commission shall conduct. The
review of the Development Regulations (Title IV Docket) and Comprehensive Plan
amendments process are specifically listed. Land Use Regulations and Comp. Plan.
amendment review occurs upon Council request. The Planning Commission will make
recommendations regarding the Land Use Regulations and Comp. Plan. to the Council.
Final recommendation of the Docket is the authority of the Council.
Title IV Development Regulations and Comprehensive Plan Amendments
This process is codified in RMC 4-9-020, Comprehensive Plan Adoption and Amendment
Process and 4-9-025, Title IV Development Regulation Revision Process. Staff has
compiled a series of amendments to Title IV of the Renton Municipal Code (Development
Regulations) that initiates several regulatory amendments that respond to important
issues facing the City and some potential Comprehensive Plan Land Use map
amendments, as well as some small text amendments. The proposed list of amendments
includes City initiated amendments.
98 of 173
Page 2 of 5
June 4, 2026
CONCLUSION:
Staff recommend forwarding the following items for the Title IV Docket #21 and other work
program items to the Planning Commission for review and recommendations.
2026 DOCKET #21 - TITLE IV
New Additional Items – Approval for Work Plan Requested
HB 1096 – Lot Splitting
In 2025, the Legislature passed a bill that will require that cities allow new lots to be created
through a lot splitting process. A lot split is defined as the administrative process of dividing an
existing lot into two lots for the purpose of sale, lease, or transfer of ownership. Renton needs
to adopt standards to implement this requirement by July 27, 2027.
Impervious Surfaces
The definition of impervious surface in RMC differs from the definition in the storm water
manual used by Public Works and does not allow for partial credits for permeable pavements
or turfs that do not utilize an underdrain. Additionally, there are some aspects about impervious
surfaces that are unclear or confusing to staff and the public, such as how to calculate the
amount of impervious surface. Staff would like to revise code in several sections to better
clarify and provide consistency across the sections related to impervious surfaces.
Housekeeping
Staff compile a list of small changes to code that would be helpful to amend or that are small
errors, for example referencing a specific code section that has been rearranged and now is an
incorrect reference. Other potential helpful changes might be the order in which things are
listed or how they are written. For example, a bulleted or itemized list rather than a paragraph
that would be better understood bulleted. None of these changes would be substantive or
policy changes, the intent of the code and predominately the exact wording would remain the
same.
HB 1494 Multi Family Property Tax Exemptions (MFTE)
In 2025 the Legislature adopted HB 1494 that allows for some optional amendments to code
regarding MFTE. Staff would like to review and consider if these options are appropriate for
Renton. Additionally, the statutes were revised to allow households to remain in affordable
housing until they are at 150% of the Area Median Income (AMI) and to allow a sliding scale
penalty for MFTE projects to come into compliance with the requirements of MFTE rather than
immediate termination of the exemption.
SB 5559 Unit Lot Subdivision Local Government Procedures
In 2025 the legislature amended RCW 58.17 preempting cities review procedures as they
relate to unit lot subdivisions. These types of subdivisions are typical for fee simple townhome
developments. Staff will need to review the updates to the RCWs and ensure compliance with
the city’s existing unit lot subdivision review procedures. Any required text amendments must
be completed and effective no later than July 27, 2027.
2026 Work Plan – Non Title IV Items
New Items – Approval for Work Plan Requested
99 of 173
Page 3 of 5
June 4, 2026
ADU Covenant Release
Under Ord. 5473 (2009), property owners were required to record a restrictive covenant
ensuring onsite owner occupancy when proposing an ADU. To comply with state mandates in
HB 1337, which limits a city’s ability to require owner occupancy, the City amended its code
through Ord. 6061 (2025) and repealed the owner-occupancy requirement. Staff have since
received inquiries from residents regarding the release of previously recorded restrictive
covenants. The City proposes to process the release of these covenants through a
consolidated effort applicable to all properties where a covenant was recorded.
City Center Community Plan Update
Inside the boundary of the City Center Community Planning area is the City’s Regional Growth
Center. The designation as a Regional Growth Center is approved by the Puget Sound
Regional Council (PSRC). Centers are the hallmark of VISION 2050 and the Regional Growth
Strategy. They guide regional growth allocations, advance local planning, inform transit service
planning, and represent priority areas for PSRC's federal transportation funding. The region
has designated 30 regional growth centers. These are locations of the region’s most significant
business, governmental, and cultural facilities and are planning for growth. Recently, PSRC
required Centers to be resubmitted for consideration and monitoring. As part of that review,
PSRC indicated that Renton should update the City Center Community Plan and consider the
boundaries of the Growth Center. The Plan was adopted in 2011, with two small amendments
prior to 2020. Staff would like to initiate such an update later in 2026.
Noise Variance Procedures
Sections 4-9-250.B and 8-7-8.C contain conflicting process and procedures, specifically those
for variances and noise variances. Staff would like to amend Title VIII to align with the process
and procedures of Title IV.
2026 DOCKET #21 - TITLE IV
Carry Forward – From First Issue Paper – Approved for Work Plan
Child Care Centers
In 2025, the Legislature passed SB 5509 which requires the city to amend regulations to permit
out right child care centers in all zones, except industrial zones. The city currently allows child
care centers in all zones except RC and R-1. However, in residential zones they are required
to go through the Hearing Examiner conditional use process. Allowing them outright in all
zones must be implemented by July 27, 2027.
Waived Fees
Staff would like to review eligibility criteria for waived fees in general, but also specifically the
minimum number of units to qualify and affordability levels. Currently, in order for affordable
owner occupied housing to qualify for waived fees the project must consist of at least 10 units.
For the project overall, at least 50% of the units must be affordable to households that make
80% or less Area Median Income (AMI). The other 50% of the units must be affordable to
households that make 120% AMI. The units that are at 80% must be affordable in perpetuity.
For affordable rental projects, there must be at least 8 units if it is in the R-1, R-4, R-6, R-8, R-
10, R-14, or RMF zones. For projects in the CN, CA, CV, CD, or CO zone the minimum
number of units for eligibility is 30. The income level for the rental housing must be affordable
to residents who make 60% or below AMI.
Urban Design Regulations
The city received a request to consider a docket item regarding urban design provisions and
the transition to surrounding development. The request was to amend the specific streets
between which applicants must demonstrate that their project has an appropriate transition to
100 of 173
Page 4 of 5
June 4, 2026
the neighborhood in Design District C. Staff would like to expand this request to review the
design regulations in general to ensure that the regulations are compliant with recent
legislation that requires the regulations to be clear and objective or lacking in subjectivity. The
regulations do allow for deviation from the prescribed standards, however a full review is
appropriate to ensure compliance.
Transportation Impact Fees
The city will be shifting its concurrency program to allow for collection and utilization for multi-
modal transportation projects. The code needs to be amended to implement this shift.
Frontage Improvements
Current city regulations require frontage improvements (sidewalk, planting strip, curb, and
gutter) for all new development. There have been instances when a single family home is
demolished and a new one constructed on a site where there is no existing frontage
improvements. Occasionally, this is occurring mid-block and there are no existing sidewalks on
either side of the new construction. Staff would like to consider allowing a fee in lieu for some
limited projects, where the revenue collected would be dedicated to city projects that improve
pedestrian connectivity and access.
Parking
SB 5184 passed by the Legislature in 2025 requires the city to reduce or remove most of the
minimum parking requirements. The Department of Commerce is expected to release
guidance on compliance with the Legislation. Parking for ADA spaces, temporary, and loading
parking can be required. The city must have new regulations in place by January 27, 2027.
2026 DOCKET #21 – COMPREHENSIVE PLAN
City Initiated Amendments
Comprehensive Plan Text and Map Amendments
There have been some scrivener’s errors and other small text amendments that have been
identified for amendment. For example, changing the name of the Parks, Recreation, and
Natural Areas Plan to the Parks, Recreation, and Open Space Plan. Potential Land Use Map
amendments may be recommended following staff review of potential rezones to RMF-2 and
rezones to CN zone. Review of rezones to RMF-2 that did not require a Land Use Map
amendment was completed in Fall 2025.
2025 DOCKET #20 - TITLE IV
Carry Forward – From 2025 Issue Paper – Approved for Work Plan
Encourage Infill in CO Zone
Consider allowing standalone accessory uses in the CO Zone where primary uses are already
established. Currently, uses deemed to be permitted accessory uses in the CO Zone, such as
restaurants, are only allowed if integrated into an office building or a residential mixed-use
building; consider allowing such uses to be built as standalone infill development to encourage
full utilization CO-zoned sites.
Planned Urban Development Regulations – Open Space
Look at additional opportunities to provide private open space for upper story residential units
that is not limited to balconies.
Large Site Master Plan Flexibility and Development Agreement
Development regulations specific for large scale developments that are phased over a longer
planning horizon are not anticipated in the city’s current entitlement process. Consider text
amendments to the existing master plan regulations for large site large scale projects, add
specific provisions for development agreements that provide, and add flexibility to the
development standards in either of these processes similar to a Planned Urban Development
entitlement.
101 of 173
Page 5 of 5
June 4, 2026
Shelter, Transitional housing, Emergency housing and Permanent (STEP) supportive
housing
Shelter, Transitional housing, Emergency housing and Permanent (STEP) supportive housing
Renton adopted new standards to comply with HB 1220 regarding what is now termed STEP
housing in 2021. The code applies some location criteria and institutes some standards such
as projects with more than 50 beds be cited within 1 mile of a transit stop and that the operator
have a safety and security plan. Code should be reviewed to ensure that the standards ensure
public safety, health, and welfare of the city.
Design and Construction Standards Manual
Add language in Title 4 that defines applicability, process procedures, and expiration for Public
Works and Civil Construction Permits (i.e. right of way use permits, civil construction permits,
utility permits, etc.). Clarify language in Title 9-2 to define the procedures, requirements, and
allowed use under a right of way use permit (short time use of right of way) and a revocable
right of way use permit). In addition, define specialized right-of-way use permits for uses such
as food trucks and sidewalk cafes.
2024 DOCKET #19 - TITLE IV
Carry Forward – From 2024 Issue Paper – Approved for Work Plan
HB 1799 Solid Waste Standards
Review minimum size requirements of garbage and recyclables deposit areas in
multifamily developments and nonresidential developments
Consider adding minimum size requirements for organic waste collection areas in
multifamily developments and nonresidential developments
Review size requirements of signs in waste enclosures
Review RMC for consistency with recently adopted state legislation (2022 Organics
Management Law) related to requiring businesses to divert organic materials away
from landfill disposal
cc: Angie Mathias, Long Range Planning Manager
Matt Herrera, Planning Director
102 of 173
1
SUBJECT/TITLE:Bid Award for the 2026 Slurry Seal Project
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Public Works
STAFF CONTACT: Bob Hanson, Transportation Design Manager
EXT.: 7223
The Engineer’s Estimate was $452,000. Doolittle Construction LLC submitted the lowest responsive and
responsible bid at $349,000. This project will be funded by the Street Overlay budget (317.122108), which
has a current balance of $2,634,000.
Bids for this construction contract were received on Tuesday, May 19, 2026, and opened on Thursday, May
21, 2026. A total of two (2) bids were submitted and are summarized below:
BIDDERS TOTAL BID AMOUNT
Doolittle Construction LLC $349,000
VSS International $362,325
ENGINEER’S ESTIMATE $452,000
Doolittle Construction has performed similar work for the cities of Kirkland and Renton in the past and
provided satisfactory performance. Staff have determined that the bid submitted by Doolittle
Construction, LLC, is the lowest responsive bid and that the bidder is responsible per the mandatory
bidder responsibility criteria of RCW 39.04.350(1).
Request the City Council award the construction contract to Doolittle Construction LLC. in the amount
of $349,000 and authorize the Mayor and City Clerk to execute the contracts on behalf of the city.
City Council Regular Meeting
FISCAL IMPACT SUMMARY:
SUMMARY OF ACTION
STAFF RECOMMENDATION
103 of 173
2026 Slurry Seal Project
Bid Tabulation
Bid Date 5/19/2026
Bid Opening: 5/21/2026
No. Spec No.Description Quantity Unit Unit Cost Extension Unit Cost Extension Unit Cost Extension
1 1-09 MOBILIZATION, CLEANUP & DEMOBILIZATION 1 LS
$58,000.00 58,000.00$ 35,000.00$ 35,000.00$ 15,000.00$ 15,000.00$
2
2-01 SHOULDER & STREET PREPARATION
1
FA
$5,000.00 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$
3 5-04 CRACK SEAL
1
FA
$7,000.00 7,000.00$ 7,000.00$ 7,000.00$ 7,000.00$ 7,000.00$
4
1-04 MINOR CHANGE
1
FA
$10,000.00 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$
5 1-10 PROJECT TEMPORARY TRAFFIC CONTROL
1
LS
$100,000.00 100,000.00$ 40,820.50$ 40,820.50$ 73,147.95$ 73,147.95$
6
8-22 REMOVAL OF PAVEMENT MARKINGS & MARKERS
1
LS
$3,000.00 3,000.00$ 3,500.00$ 3,500.00$ 3,780.00$ 3,780.00$
7 2-01 STREET SWEEPING
1
LS
$35,000.00 35,000.00$ 30,000.00$ 30,000.00$ 26,000.00$ 26,000.00$
8
5-03 SLURRY SEAL, TYPE 2
61,635
SY
$3.25 200,313.75$ 3.20$ 197,232.00$ 3.25$ 200,313.75$
9 8-09 RAISED PAVEMENT MARKER TYPE 2
84
EA
$15.00 1,260.00$ 10.00$ 840.00$ 10.80$ 907.20$
10
8-09 RAISED PAVEMENT MARKER TYPE 2B
34
EA
$15.00 510.00$ 15.00$ 510.00$ 16.20$ 550.80$
11 8-22 PROFILED PLASTIC WIDE LINE
75
LF
$13.00 975.00$ 12.00$ 900.00$ 12.96$ 972.00$
12
8-22 PROFILED PLASTIC LINE
1,841
LF
$11.00 20,251.00$ 5.50$ 10,125.50$ 5.94$ 10,935.54$
13 8-22 PLASTIC STOP LINE
176
LF
$20.00 3,520.00$ 15.00$ 2,640.00$ 16.20$ 2,851.20$
14
8-22 PLASTIC CROSSWALK LINE
384
SF
$15.00 5,760.00$ 10.50$ 4,032.00$ 11.34$ 4,354.56$
Schedule of Bid Items and Quantities Engineer's Estimate Doolittle Construction, LLC VSS International, Inc.
Page 1 CAG-26-111 2026 Slurry Seal Project (version 1)
104 of 173
2026 Slurry Seal Project
Bid Tabulation
Bid Date 5/19/2026
Bid Opening: 5/21/2026
No. Spec No.Description Quantity Unit Unit Cost Extension Unit Cost Extension Unit Cost Extension
Schedule of Bid Items and Quantities Engineer's Estimate Doolittle Construction, LLC VSS International, Inc.
15 8-22 PLASTIC TRAFFIC ARROW
2
EA
$700.00 1,400.00$ 700.00$ 1,400.00$ 756.00$ 1,512.00$
2026 Slurry Seal Contract Total 451,989.75$ 349,000.00$ 362,325.00$
Page 2 CAG-26-111 2026 Slurry Seal Project (version 1)
105 of 173
106 of 173
9,028 752
2026 Slurry Seal Project - Kennydale Community
Legend
0 256
Notes
512
WGS_1984_Web_Mercator_Auxiliary_Sphere
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.
512 Feet
Parcels
City and County Boundary
Renton
<all other values>
Community Planning Areas
Benson
Cedar River
City Center
East Plateau
Fairwood
Highlands
Kennydale
Talbot
Valley
West Hill
Pavement Management 2022
2023.sid
Red: Band_1
Green: Band_2
Blue: Band_3
107 of 173
9,028 752
2026 Slurry Seal Project - Benson Community Planning
Legend
0 256
Notes
512
WGS_1984_Web_Mercator_Auxiliary_Sphere
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.
512 Feet
Parcels
City and County Boundary
Renton
<all other values>
Community Planning Areas
Benson
Cedar River
City Center
East Plateau
Fairwood
Highlands
Kennydale
Talbot
Valley
West Hill
Pavement Management 2022
2023.sid
Red: Band_1
Green: Band_2
Blue: Band_3
108 of 173
4,514 376
2026 Slurry Seal Project - North Highlands Community
Legend
0 128
Notes
256
WGS_1984_Web_Mercator_Auxiliary_Sphere
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.
256 Feet
Parcels
City and County Boundary
Renton
<all other values>
Community Planning Areas
Benson
Cedar River
City Center
East Plateau
Fairwood
Highlands
Kennydale
Talbot
Valley
West Hill
Pavement Management 2022
2023.sid
Red: Band_1
Green: Band_2
Blue: Band_3
109 of 173
4,514 376
2026 Slurry Seal Project - South Highlands Community
Legend
0 128
Notes
256
WGS_1984_Web_Mercator_Auxiliary_Sphere
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.
256 Feet
Parcels
City and County Boundary
Renton
<all other values>
Community Planning Areas
Benson
Cedar River
City Center
East Plateau
Fairwood
Highlands
Kennydale
Talbot
Valley
West Hill
Pavement Management 2022
2023.sid
Red: Band_1
Green: Band_2
Blue: Band_3
110 of 173
2,257 188
2026 Slurry Seal Project - East Plateau Community
Legend
0 64
Notes
128
WGS_1984_Web_Mercator_Auxiliary_Sphere
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.
128 Feet
Parcels
City and County Boundary
Renton
<all other values>
Community Planning Areas
Benson
Cedar River
City Center
East Plateau
Fairwood
Highlands
Kennydale
Talbot
Valley
West Hill
Pavement Management 2022
2023.sid
Red: Band_1
Green: Band_2
Blue: Band_3
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9,028 752
2026 Slurry Seal Project - West Hill Community Planning
Legend
0 256
Notes
512
WGS_1984_Web_Mercator_Auxiliary_Sphere
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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.
512 Feet
Parcels
City and County Boundary
Renton
<all other values>
Community Planning Areas
Benson
Cedar River
City Center
East Plateau
Fairwood
Highlands
Kennydale
Talbot
Valley
West Hill
Pavement Management 2022
2023.sid
Red: Band_1
Green: Band_2
Blue: Band_3
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CITY COUNCIL REGULAR MEETING – June 8, 2026
SUBJECT/TITLE: Agreement for Professional Services with Otak, Inc. For the
Design of the 116th Ave SE and Edmonds Way SE AC Water
Main Replacement Project.
RECOMMENDED ACTION:Refer to Utilities Committee
DEPARTMENT:Public Works
STAFF CONTACT:
EXT.:
Jeremy Valdez, Water Utility Project Manager
5172
FISCAL IMPACT SUMMARY:
Funding for the agreement in the total amount of $222,267 is available from the following sources:
$200,040 from the approved 2026 Water Utility Capital Improvement Program budget for
Steel/AC Water Main Replacement (account no. 425.455170).
$22,227 from the approved 2026 Surface Water Utility Capital Improvement Program for
Small- Scale Stormwater Projects (account no. 427.475015).
There is sufficient remaining budget in each of the accounts to fund the agreement.
SUMMARY OF ACTION:
The 116th Ave SE and Edmonds Way SE AC Water Main Replacement Project include the
replacement of approximately 2,800 feet of aging 4-inch and 6-inch asbestos-cement (AC) water
mains with new 8-inch ductile iron pipe. The project also includes the installation of six fire hydrants,
replacement of 39 water service lines, three connections to existing water mains, in-kind replacement
of 315 feet of concrete storm pipe that has partially collapsed, and restoration of roadways and
private properties affected by construction.
Replacement of aging AC water mains within the City’s water distribution system has been identified
as a priority in both past and current Water System Plans. Many of the existing water mains were
installed in the 1950s and have reached the end of their useful life. Replacing these mains will
improve fire flow capacity, enhance drinking water quality, and reduce the risk of pipe failures,
unplanned service interruptions, and potential property damage.
In 2025, the Water Utility solicited proposals from six qualified engineering firms through the
Municipal Research and Services Center (MRSC) Consultant Roster for two projects: the NE 24th St
and NE 16th St AC Water Main Replacement and Sidewalk Improvements Project, and the 116th
Ave SE and Edmonds Way SE AC Water Main Replacement Project. Following a qualifications-
based review process, the city selected the two highest-ranked firms to provide engineering design
services.
Kimley-Horn Associates was selected for the NE 24th St and NE 16th St AC Water Main
Replacement and Sidewalk Improvements Project, and Otak, Inc. was selected for the 116th Ave SE
and Edmonds Way SE AC Water Main Replacement Project. Otak was selected based on its
extensive experience delivering similar water infrastructure projects for the cities of Bellingham,
Auburn, Mercer Island, and Edmonds.
The proposed agreement with Otak includes engineering design, bidding assistance, and
construction support services for the project. Under the agreement, Otak will:
Perform site surveying of existing utilities and improvements within the public rights-of-way to prepare
base maps.
Develop 30%, 60%, 90%, and final design plans.
Prepare bid-ready plans and specifications for project bidding.
Provide bidding support services, including responding to contractor inquiries during the 113 of 173
bidding period.
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STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute an agreement with Otak, Inc. in the amount of
$222,267 for the design, bidding, and construction support services of 116th Ave SE and Edmonds
Way SE AC Water Main Replacement Project.
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AGREEMENT FOR 116TH AVE SE AND EDMONDS WAY SE
ASBESTOS CEMENT (AC) WATER MAIN REPLACEMENT
THIS AGREEMENT, dated for reference purposes only as June 15, 2026, is by and between the
City of Renton (the “City”), a Washington municipal corporation, and Otak Inc (“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 June 30, 2027.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $222,267.00, 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
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PAGE 2 OF 10
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
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 w ithout
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
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PAGE 3 OF 10
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
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 Recor ds 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.
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PAGE 4 OF 10
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
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 a ny
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
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PAGE 5 OF 10
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 Partie s
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.
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PAGE 6 OF 10
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.
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 recei pt
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
Jeremy Valdez
1055 South Grady Way
Renton, WA 98057
Phone: (206)200-5172
jvaldez@rentonwa.gov
Fax: (425) 430-7241
CONSULTANT
Mark Cole, PE
11241 Willows Road NE, STE 200
Redmond, WA 98052
Phone: (425) 739-7964
mark.cole@otak.com
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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
Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform
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PAGE 8 OF 10
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 Jeremy
Valdez. 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.
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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.
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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:____________________________
Armando Pavone
Mayor
Nico Vanderhorst
Principal
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: __________________________
Cheryl L. Beyer
Sr. Assistant City Attorney
Contract Template Updated 5/21/2021
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Scope of Services
11241 Willows Road NE, Suite 200 | Redmond, WA 98052 | Phone 425.822.4446 | otak.com
o:\project\22800\22800\09 corporate\contracts\exhibita_scope 116th ave se water line_22800.docx
EXHIBIT A
City of Renton
116th Avenue SE and Edmonds Way SE
Asbestos Cement (AC) Water Main Replacement
Project # ______
Otak Project No. 22800
May 5, 2026
The following scope of services is to provide professional services for design and construction plan
preparation for the 116th Avenue SE and Edmonds Way SE AC Water Main Replacement project for
the City of Renton (Client).
Project Background and Description
The Client has a need to replace existing older, under-sized 6-inch and 4-inch AC water mains with new
Ductile Iron Pipe (DIP) within an area of 116th Avenue SE, generally bounded by Puget Drive SE to the
north and SE 157th Street to the south. The anticipated schedule is to have the design completed for
constructing the water line in early 2027.
Project components and specific limits include:
▪ 116th Avenue SE/Puget Drive SE: Replace approximately 1,400 LF existing 6-inch AC water main with
8-inch DIP between SE 157th Street and Puget Drive SE, including an 8-inch connection at SE 157th
Street; a 12-inch connection at Puget Drive SE; and replacement of two (2) existing hydrants, nine (9)
residential services, and one (1) irrigation service within the water main replacement limits. Abandon
200 LF of existing 6-inch AC line from Puget Drive SE to Beacon Way S, one (1) existing irrigation
service along line to be abandoned, and replacement of one (1) existing fire hydrant to be installed
along existing 12-inch cast iron (CI) line along Puget Drive SE.
▪ Edmonds Way SE: Replace approximately 1,200 LF existing 6-inch AC water main (dead-end) with
8-inch DIP (dead-end) between SE 157th Street and 116th Avenue SE, including an 8-inch connection
between 1816 and 1824 Edmonds Way SE, connection to the proposed new 8-inch main in
116th Avenue SE, and replacement of three (3) existing hydrants and twenty-four (24) customer
services within the water main replacement limits. Also included is replacing approximately 315 LF
of existing 12-inch concrete stormwater pipe (located on the east side and running northerly from an
existing catch basin at SE Edmonds Court) with new 12-inch stormwater pipe to city standards.
▪ SE Edmonds Court (cul-de-sac): Replace approximately 200 LF existing 4-inch AC water main
with 8-inch DIP, including connection to the proposed new 8-inch main in Edmonds Way SE, and
replacement of four (4) existing customer services within the water main replacement limits.
▪ Beacon Way SE/Royal Hills Drive SE intersection: Replace approximately 100 LF existing 8-inch steel
water main within the intersection with new 12-inch DIP and relocate its connection to the existing
12-inch line on the north side of Royal Hills Drive SE. Abandon an existing 4-inch CI line connected
to the 6-inch AC water main in 116th Avenue SE that terminates on the north side of the intersection,
including re-connecting an existing irrigation service (currently on the existing 4-inch) with a new
service line and connection to the Beacon Way SE 8-inch main.
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Scope of Services
continued
City of Renton Page 2 of 11
116th Avenue SE and Edmonds Way SE Water M ain Replacement Otak
Figure 1. Preliminary Water Main and Storm Sewer Replacement Exhibit
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Scope of Services
continued
City of Renton Page 3 of 11
116th Avenue SE and Edmonds Way SE Water M ain Replacement Otak
The scope of proposed services includes tasks for site investigation and data collection; preliminary
and final design of water main and storm sewer line replacement, and preparation of construction plans;
construction bid solicitation support; and project management/administration.
Services by Consultant are not included or anticipated for geotechnical; structural engineering; sanitary
sewer main replacement/improvements; gas, power, and other dry utility relocations; wall or rockery
design; flow control design; capacity analysis of existing stormwater conveyance system; environmental
documentation/permits (beyond what the Client is obtaining); and right of access and easement
acquisition/support.
Services during construction are not included and will be performed under a separately approved scope
and budget as an amendment to the contract.
Scope of services are described in more detail as follows:
SCOPE OF SERVICES
1. Site Investigation and Data Collection
1.1. Obtain existing available record documentation
Consultant will obtain and review available data on the project, including existing utility records and
reports or other relevant Client data regarding previous determinations or decisions about proposed
project. Client shall provide Consultant with copies of any available previous studies, reports, or other
pertinent information related to the project.
1.2. Establish project limits and project requirements
Consultant will meet with Client staff to review and discuss the scope and schedule milestones for the
project. Consultant design team will conduct a comprehensive site visit to the project area to understand
field conditions and design challenges. Consultant will coordinate with the Client prior to conducting any
site visits to participate, if desired, and to share project knowledge and concerns. Challenging conditions
will be noted and photographs taken.
Consultant will develop a Design-Plan Exhibit of proposed project elements, observed potential
challenges and project requirements, and meet with Client staff to review/discuss. Consultant will
revise/edit the exhibit to reflect any Client comments and include with a summary memorandum
establishing the project limits, design elements and project aspects, and design criteria and standards.
1.3. Topographic surveying and base mapping
Consultant will research to resolve the street right-of-way, establish project control based on Client
data, and have the existing utilities field-marked by a utility locating service within the project limits.
Consultant will perform survey and mapping along the streets of proposed water line and storm drainage
improvements. The topographic survey base mapping area and limits are defined as follows:
▪ 116th Avenue SE: From SE 157th Street to Puget Drive SE/Royal Hills Drive SE, including the
intersections.
▪ Edmonds Way SE: From SE 157th Street to 116th Avenue SE intersection, including the intersections.
▪ SE Edmonds Court: From Edmonds Way SE to the end of this street’s cul-de-sac.
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▪ Puget Drive SE: From the Puget Drive SE/Royal Hills Drive SE intersection westerly for
approximately 300 feet.
▪ Royal Hills Drive SE: From the Puget Drive SE/116th Avenue SE intersection northerly for
approximately 150 feet.
▪ Beacon Way SE: From Royal Hills Drive SE southerly for approximately 150 feet, including the existing
6-inch AC water main (proposed to be abandoned) to the north of Puget Drive SE, up to the existing
hydrant proposed for relocation.
The survey and mapping limits will include up to 5 feet beyond the full street right-of-way and include
existing surface features, ditches, and other topography breaks; pavement and other hardscape areas;
hydrants, water valves, water meters, and other utility valves; paint marks from utility locating services;
storm drainage and sanitary sewer structures; power pole and above ground utilities; street
channelization and signing; and significant trees (greater than 6 inches in diameter) and other
landscaping, fences, structures, or features within the existing right-of-way.
Consultant will create a topographic and planimetric base map in AutoCAD format from field survey data
and utility records. Base mapping will be provided at a horizontal scale of 1 inch = 20 feet showing the
features outlined above. A digital surface will be prepared, and contour lines will be shown at one-foot
intervals. Parcel lines of properties adjoining street right-of-way will be depicted from available assessor
records. The survey data will be referenced to the Client’s horizontal and vertical data.
TASK 1 DELIVERABLES
(Unless otherwise noted all deliverables shall be PDFs, submitted electronically.)
1. Design-Plan Exhibit identifying project improvement aspects and requirements
2. Memorandum summarizing the design criteria and standards
3. Topographic survey of project area
4. AutoCAD drawing file with point database and DTM files
TASK 1 ASSUMPTIONS
A. Client will provide Consultant copies of available reports, technical memorandums, and other data
relevant to the project.
B. Client will secure any rights-of-entry permits on any private property, as may be necessary, for
Consultant to perform field work under this scope of services.
C. Client will prepare notice and notify homeowners in advance of survey.
D. Survey control will be on Washington State Plane North Zone and NAVD88.
E. Parcel side lot lines will not be resolved.
F. Existing utility field-locate will be horizontal location only. No potholing underground utilities will be
performed under Task 1.
G. Scope of services does not include permit submittal to Department of Natural Resources to permit
removal or destruction of any survey monuments that may be required for the project.
H. Labor and expense task level-of-effort budgets are estimates and Consultant reserves the right to
request approval by the Client to transfer unused task budget amounts to accomplish other service
task scope activities.
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Scope of Services
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2. Preliminary Design and Construction Documents
2.1. Design and prepare 30% construction plans
Consultant will design and prepare 30% design plans in accordance with Client design and construction
standards and requirements, and formatted to Client’s standard title and border. The following design
elements and plan-set components will be included in the 30% preliminary plans:
Cover and General Information Plans (5 Drawings)
Consultant will prepare drawings indicating the project title, project number, vicinity map, and drawing
index; project layout map; general notes; project legend, symbols, and abbreviations; horizontal alignment
and survey control; and existing right-of-way and site survey map.
Water Line Replacement Plans (9 Drawings)
Consultant will prepare design drawings for proposed replacement of the water lines and services.
Drawings will be prepared at a horizontal scale of 1 inch = 20 feet and formatted to Client standards.
Storm Sewer Replacement Plans (1 Drawing)
Consultant will prepare design drawings for the proposed storm sewer pipe replacement along
Edmonds Way SE. Drawings will be prepared at a horizontal scale of 1 inch = 20 feet and formatted
to Client standards.
2.2. Submit documents and respond to Client 30% comments
Consultant will assemble and submit the design plans for review and comment. Consultant will conduct a
“plans-in-hand” site walk-through with Client to discuss the project and design issues. Client shall review
and provide Consultant a consolidated set of written review comments from all reviewers. Consultant will
subsequently evaluate the comments and provide the Client with written responses to each comment,
including meeting with the Client to review/discuss comments for clarification and concurrence.
2.3. Design and prepare 60% construction plans
Consultant will design and advance the previously prepared drawings to a higher level of completion,
including design of proposed water line and storm sewer profiles, incorporating Client comments from
previous design submittal, and the following additional drawings:
Design Details Drawings (4 Drawings)
Drawings and details to support proposed water line, main line connection details, water services, and
storm sewer pipe replacements.
Site Restoration Plans (7 Drawings)
Drawings will be prepared using double-plate plan formatted at a horizontal scale of 1 inch = 20 feet.
Plans to depict paved and non-paved restoration area types, limits, and design details required for
proposed utility replacements, including where necessary, restoration and/or replacement of shrubs
or other landscaping disturbed within the street right-of-way.
2.4. Assist with 60% specifications and cost estimate preparation
Client will prepare the bid and construction specifications and the construction cost estimate. Consultant
will coordinate with Client staff to confirm standard Client bid items (and establish non-standard bid items,
if needed), units of measure, and measure and payment conditions.
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Client will provide Consultant electronic copy of the cost estimate and specifications for review and
comment. Consultant will provide review comments within the electronic documents and re-submit them
to Client for review.
2.5. Submit documents and respond to Client 60% comments
Consultant will assemble and submit the design plans for review and comment. Client shall review and
provide Consultant a consolidated set of written review comments from all reviewers. Consultant will
subsequently evaluate the comments and provide Client with written responses to each comment,
including resolution-comments on Client’s responses to Consultant’s specifications (project manual)
and cost estimate review comments. Consultant will meet with Client to review/discuss comments for
clarification and concurrence.
2.6. Preliminary design utility agency coordination
Consultant will coordinate with the relevant power, gas, telecommunications franchise utility companies,
including Olympic and Cedar River pipeline authorities having facilities within the project limits, to verify
existing facility locations and initially discuss the project, requirements, and timelines.
Consultant will prepare a comprehensive Utility Coordination Exhibit during 30% design. The exhibit
will depict all existing and proposed utilities within the project area, and include a matrix spreadsheet
summarizing potential conflict locations and viable options for avoiding conflicts or, if necessary, guidance
on utility adjustments. Consultant will identify any existing utility locations deemed critical to the design
where utility “potholing” is recommended, and submit the exhibit to Client for review and comment.
Consultant will address Client’s review comments and based on Client approval, commission to have
utility “potholing” performed to locate existing utility locations more accurately for either confirming current
design or adjusting the 60% design based upon the findings.
Following Client review, Consultant will submit 60% design plans and coordinate with the utility agencies
to review the project related to their facilities.
2.7. Preliminary design meetings (Client)
Consultant will prepare for and attend regular coordination meetings with the Client during preliminary
design. Consultant will schedule, prepare for, and attend a 30-minute virtual coordination meeting every
two weeks throughout the preliminary design to review and discuss project status/progress and design
issues or considerations. Additionally, Consultant will prepare for and attend a 1-hour in-person meeting
at Client’s office at design submittal milestones to discuss Client’s document review comments.
Consultant will document design decisions, determinations and conclusions, and prepare/submit meeting
summaries to the Client.
2.8. Preliminary design quality control
Consultant will implement measures to control quality and effectively communicate with the Client during
design. Consultant will establish and maintain effective communications for keeping the Client apprised of
progress, unanticipated design issues that may arise, and issues requiring Client decision and direction.
Consultant will perform specific quality control reviews of design elements and proposed deliverables
prior to submittals.
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Scope of Services
continued
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116th Avenue SE and Edmonds Way SE Water M ain Replacement Otak
TASK 2 DELIVERABLES
(Unless otherwise noted all deliverables shall be PDFs, submitted electronically.)
1. Construction plans (at 30% and 60% design)
2. Responses to Client’s review comments on construction plans (at 30% and 60% design)
3. Review comments on Client-prepared specifications (project manual) and construction
cost estimate (at 60% design)
4. Utility Coordination Exhibit (at 30% and 60% design)
5. Potholing results
6. Meeting summaries
TASK 2 ASSUMPTIONS
A. Client will obtain local project permits, anticipated as Civil Construction, Utility, and Right-of-Way.
B. Client will provide Consultant with electronic standard plan title and border.
C. Client will review and provide Consultant with a consolidated set of written review comments from
all reviewers.
D. Client will prepare the bid and construction specifications and lead the preparation of the construction
cost estimate.
E. Client’s review/comment duration on construction plans shall be two weeks for 30% design and
three weeks for 60% design.
F. The project does not require SEPA.
G. No proposed profiles will be shown for water lines and storm sewer lines at 30% design.
H. No water line or storm sewer details will be prepared for the 30% design submittal.
I. Site restoration types and limits will not be depicted in the 30% submittal.
J. No temporary traffic control will be designed by Consultant or included in the construction plans.
K. Potholing allowance based on performing a maximum of six (6) potholes, locations identified at
30% and performed during 60% design.
L. Pavement restoration based on pavement patch and half-street overlay.
M. For budgeting purposes, level-of-effort for preliminary design meetings with Client based on
Consultant preparing for and attending a maximum of eight (8) meetings (six [6] 30-minute virtual
meetings occurring every two weeks and two [2] 1-hour in-person meetings at 30% and 60% design
submittal milestones) to discuss Client’s document review comments.
N. Labor and expense task level-of-effort budgets are estimates and Consultant reserves the right to
request approval by the Client to transfer unused task budget amounts to accomplish other service
task scope activities.
3. Final Design and Construction Documents
3.1. Design and prepare 90% construction plans
Consultant will design and advance the previously prepared drawings to a higher level of completion,
including design plan edits to incorporate Client comments from previous design submittal.
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116th Avenue SE and Edmonds Way SE Water M ain Replacement Otak
3.2. Assist with 90% specifications and cost estimate preparation
Client will prepare the bid and construction specifications and the construction cost estimate. Consultant
will coordinate with Client staff to re-confirm bid items, units of measure, and measure and payment
conditions.
Client will provide Consultant electronic copy of the cost estimate and specifications for review and
comment. Consultant will provide review comments within the electronic documents and re-submit them
to Client for review.
3.3. Submit documents and respond to Client 90% comments
Consultant will assemble and submit the design plans for review and comment. Client shall review and
provide Consultant a consolidated set of written review comments from all reviewers. Consultant will
subsequently evaluate the comments and provide Client with written responses to each comment,
including resolution-comments on Client’s responses to Consultant’s specifications (project manual) and
cost estimate review comments. Consultant will meet with Client to review/discuss comments for
clarification and concurrence.
3.4. Design and prepare 100% construction plans
Consultant will design and advance the previously prepared drawings to a higher level of completion,
including design plan edits to incorporate Client comments from previous design submittal.
3.5. Assist with 100% specifications and cost estimate preparation
Client will prepare the bid and construction specifications and the construction cost estimate. Consultant
will coordinate with Client staff to re-confirm bid items, units of measure, and measure and payment
conditions. Client will provide Consultant electronic copy of the cost estimate for review and comment.
Consultant will provide review comments within the electronic documents and re-submit them to Client
for review.
3.6. Submit documents and respond to Client 100% comments
Consultant will assemble and submit the design plans for review and comment. Client shall review and
provide Consultant a consolidated set of written review comments from all reviewers. Consultant will
subsequently evaluate the comments and provide Client with written responses to each comment,
including resolution-comments on Client’s responses to Consultant’s specifications (project manual) and
cost estimate review comments. Consultant will meet with Client to review/discuss comments for
clarification and concurrence.
3.7. Final design utility agency coordination
Consultant will maintain contact with utility agencies throughout final design and update the utility
coordination exhibit and spreadsheet to track utility coordination activities, and any current information
that may become available. Consultant will submit design plans to utility agencies at each design
milestone to review the proposed project and gather specific comments from utility agencies.
3.8. Final design meetings (Client)
Consultant will prepare for and attend regular coordination meetings with the Client during final design.
Consultant will schedule, prepare for, and attend a 30-minute virtual coordination meeting with the Client
every two weeks throughout the final design to review and discuss project status/progress and design
issues or considerations. Additionally, Consultant will prepare for and attend a 1-hour in-person meeting
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Scope of Services
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116th Avenue SE and Edmonds Way SE Water M ain Replacement Otak
at Client’s office at design submittal milestones to discuss Client’s document review comments.
Consultant will document design decisions, determinations and conclusions, and prepare/submit meeting
summaries to the Client.
3.9. Final design quality control
Consultant will implement measures to control quality and effectively communicate with the Client during
final design. Consultant will establish and maintain effective communications for keeping the Client
apprised of progress, unanticipated design issues that may arise, and issues requiring Client decision
and direction. Consultant will perform specific quality control reviews of design elements and proposed
deliverables prior to submittals.
TASK 3 DELIVERABLES
(Unless otherwise noted all deliverables shall be PDFs, submitted electronically.)
1. Construction plans (at 90% and 100% design)
2. Responses to Client’s review comments on construction plans (at 90% and 100% design)
3. Review comments on Client-prepared specifications (project manual) and construction
cost estimate (at 90% and 100% design)
4. Updated utility coordination exhibit (at 90% and 100% design)
5. Meeting summaries
TASK 3 ASSUMPTIONS
A. Client shall review and provide Consultant with a consolidated set of written review comments from
all reviewers.
B. Client will prepare the bid and construction specifications and the construction cost estimate.
C. Client’s review/comment duration on construction plans shall be 3-weeks for 90% design and 2-weeks
for 100% design.
D. For budgeting purposes, level-of-effort for final design meetings with Client based on Consultant
preparing for and attending a maximum of eight (8) meetings (six [6] 30-minute virtual meetings
occurring every two weeks and two [2] 1-hour in-person meetings at 90% and 100% design submittal
milestones) to discuss Client’s document review comments.
E. Labor and expense task level-of-effort budgets are estimates and Consultant reserves the right to
request approval by the Client to transfer unused task budget amounts to accomplish other service
task scope activities.
4. Bid Solicitation Assistance
Consultant will assist Client in soliciting, responding to questions, and evaluating received bids from
construction contractors.
Consultant will incorporate any Client 100% comments; assemble, sign/seal the construction plans; and
submit to Client for their bid documents submittal/coordination with online plan center. Consultant will
respond to questions during contractor bid solicitation period, prepare any required bid addenda, review
submitted bids to identify irregularities and/or verify contractor references, and if requested, attend a
pre-bid meeting, and prepare conformed construction plans.
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116th Avenue SE and Edmonds Way SE Water M ain Replacement Otak
TASK 4 DELIVERABLES
(Unless otherwise noted all deliverables shall be PDFs, submitted electronically.)
1. Signed/sealed construction plans (22" x 34" and 11" x 17" formats)
2. AutoCAD drawings of design plans
3. Written response clarifications to questions during bidding
4. Preparation of bid addenda, when requested
5. Bid review and contractor reference checks, when requested
6. “Conformed” construction plans
TASK 4 ASSUMPTIONS
A. Client shall be responsible for leading the construction bid solicitation process, submittal of documents
to electronic bid services, issuing bid advertisement, scheduling meeting facilities, and conducting and
leading the pre-bid and bid-opening meetings.
B. Client will be responsible for printing and distribution of “For Construction” documents.
C. Client will provide Consultant with the following “For Construction” documents: one PDF of project
(specification) manual, two bound hard copies each of the project (specification) manual, and half-size
set of construction plans.
D. Client will prepare the “Conformed” project manual (Specifications).
E. Labor and expense task level-of-effort budgets are estimates and Consultant reserves the right to
request approval by the City to transfer unused task budget amounts to accomplish other service task
scope activities.
5. Project Management and Administration
5.1. Design and document preparation
Consultant will direct and supervise internal staff team members and their activities to successfully
complete the design documents and other services provided. Consultant will prepare a work plan guiding
the project to include Client’s goals and objectives; information related to project scope, schedule, budget,
and deliverable milestones; design standards and project-specific QA/QC control measures; and
communication and administrative protocols.
5.2. Project documentation and reporting
Consultant will develop a detailed project schedule (Microsoft Project) to reflect significant tasks and
project milestones, and monitor and update schedule. Consultant will prepare and submit monthly
progress reports and invoices with sufficient detail to demonstrate progress and budget status.
TASK 5 DELIVERABLES
(Unless otherwise noted all deliverables shall be PDFs, submitted electronically.)
1. Project schedules with periodic updates (Microsoft Project)
2. Monthly progress reports and invoices
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116th Avenue SE and Edmonds Way SE Water M ain Replacement Otak
TASK 5 ASSUMPTIONS
A. Project Management and Administration budget is based on an anticipated design period of
nine (9) months for completing the scope of services and deliverables.
B. Project schedule to reflect significant design tasks and durations, updated at project milestones.
C. Project progress reports and invoices will be submitted monthly. Invoice backup information
(timesheets, mileage, and expense logs, etc.) will not be submitted with invoicing, except for copies
of subconsultant invoice documentation. Backup information will be made available for staff auditing
purposes, if requested.
D. Task labor level-of-effort budgets are estimates and Consultant reserves the right to request approval
by the City to transfer unused task budget amounts to accomplish other service task scope activities.
6. Management Reserve
A management reserve is established for the City’s use with unanticipated project design issues or
services not included. Use of this budget is at the sole discretion of the City, and Consultant will not use
without separate prior written authorization. The Consultant will provide a written scope of services and
budget to the City for approval prior to the beginning of any requested services.
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Exhibit B
City of Renton - 116th Ave SE and Edmonds Way SE Watermain Replacement Project
Hour/Fee Estimate
Otak, Inc.
Date: 05/04/26
Mark C Touta Eva Zach Ahmed Ben Sue Lynn Jennifer
Task Description
Engineer 6 Engineer 6 Engineer 5
Engineering
Designer 2
Engineering
Technician 2
Landscape
Architect 3
Project
Surveyor 6
Survey Data
Analyst 4
Survey Crew
Chief 2
Survey Field
Technician 3
Administrative
Assistant 3
Project
Coordinator 4 Total Hours
Total Budget by
Task
1.0 SITE INVESTIGATION AND DATA COLLECTION
1.1 Obtain existing available record documentation 8 12 20 $3,217.88
1.2 Establish project limits and project requirements 2 12 16 30 $5,050.76
1.3 Topographic surveying and base mapping 2 4 14 45 96 96 257 $32,935.00
2.0 PRELIMNARY DESIGN AND CONSTRUCTION DOCUMENTS
2.1 Design and prepare 30% construction plans
Cover and General Information Plans (5 Drawings)6 8 8 22 $3,229.84
Waterline Replacement Plans (9 Drawings)2 16 32 16 66 $9,835.88
Storm Sewer Replacement Plans (1 Drawing)2 4 2 8 $1,169.34
2.2 Submit documents and respond to City 30% comments 2 12 4 2 20 $3,743.70
2.3 Design and prepare 60% construction plans
Cover and General Information Plans (5 Drawings)8 12 8 28 $4,162.92
Waterline Replacement Plans (9 Drawings)2 16 36 12 66 $9,877.80
Storm Sewer Replacement Plans (1 Drawing)2 8 4 14 $1,920.04
Site Restoration Plans (7 Drawings):12 24 12 16 64 $9,477.64
Design Details Drawings (4 Drawings):8 16 12 8 44 $6,380.68
2.4 Assist with 60% specifications and cost estimate preparation 2 6 8 16 $2,765.96
2.5 Submit documents and respond to City 60% comments 2 8 4 2 2 18 $3,145.82
2.6 Preliminary design utility agency coordination 12 16 28 $4,569.60
2.7 Preliminary design meetings (Client) 6 8 2 16 $3,357.44
2.8 Preliminary design quality control 8 12 8 28 $6,539.32
3.0 FINAL DESIGN & CONSTRUCTION DOCUMENTS
3.1 Design and prepare 90% construction plans 56 112 56 16 240 $35,203.12
3.2 Assist with 90% specifications and cost estimate preparation 2 8 8 18 $3,184.60
3.3 Submit documents and respond to City 90% comments 8 4 2 2 16 $2,664.66
3.4 Design and prepare 100% construction plans 8 16 8 4 36 $5,292.76
3.5 Assist with 100% specifications and cost estimate preparation 4 2 6 $1,094.50
3.6 Submit documents and respond to City 100% comments 4 2 2 8 $1,330.76
3.7 Final design utility agency coordination 4 6 10 $1,608.94
3.8 Final design meetings (Client) 6 8 2 16 $3,357.44
3.9 Final design quality control 6 12 8 26 $6,058.16
4.0 BID SOLICITATION ASSISTANCE
4.1 Bid Solicitation 2 12 8 2 24 $4,258.14
5.0 PROJECT MANAGEMENT AND ADMINISTRATION
5.1 Design and document preparation 24 12 36 $8,285.76
5.2 Project documentation and reporting 8 4 8 20 $3,996.72
Total Hours 74 24 282 362 148 44 14 45 96 96 8 8 1,201
Billing Rate $240.58 $245.01 $209.32 $128.61 $118.13 $153.85 $272.98 $150.92 $132.58 $90.22 $119.70 $154.35
Total Labor Cost $17,802.92 $5,880.24 $59,028.24 $46,556.82 $17,483.24 $6,769.40 $3,821.72 $6,791.40 $12,727.68 $8,661.12 $957.60 $1,234.80 $187,715.18
Reimbursables
General Expenses - Reproduction, Mileage, Misc.$500.00
Traffic Control Services (Obtaining Survey Structure Inverts)$3,000.00
Utility Locate Service (APS)
Horzontal field locate (For Survey)$6,500.00
Potholing (Allowance, Max 6 locations)$5,000.00
6.0 Management Reserve $19,971.82
Project Total $222,687.00
Otak Project # 022800.000
O:\PROJECT\22800\22800\09 Corporate\Contracts\22800 LOE 04152026 5/5/2026, 2:26 PM
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Discipline/Labor Category Maximum Billing Rate
Engineering
Engineering Technician 1 $89.43
Engineering Technician 2 $118.13
Engineering Technician 3 $129.21
Engineering Technician 4 $141.75
Engineering Technician 5 $154.35
Engineering Technician 6 $180.50
Engineering Designer 1 $117.37
Engineering Designer 2 $134.60
Engineering Designer 3 $142.47
Engineering Designer 4 $154.35
Engineering Designer 5 $168.53
Engineer 1 $147.14
Engineer 2 $159.08
Engineer 3 $176.40
Engineer 4 $191.36
Engineer 5 $220.50
Engineer 6 $245.01
Engineer 7 $286.65
Engineer 8 $325.55
Engineer 9 $375.01
Science
Scientist 1 $110.50
Scientist 2 $131.07
Scientist 3 $141.75
Scientist 4 $157.50
Scientist 5 $190.54
Scientist 6 $223.56
Scientist 7 $242.55
Scientist 8 $262.99
Construction Management & Inspection
Field Representative 1 $119.98
Field Representative 2 $133.02
Field Representative 3 $165.28
Field Representative 4 $180.02
Construction Manager 1 $131.04
Construction Manager 2 $150.00
Construction Manager 3 $178.45
Construction Manager 4 $189.00
Otak, Inc.
116th Ave SE & Edmonds Way SE Water Main Replacement
Billing Rate Schedule
Page 1 of 3
138 of 173
Discipline/Labor Category Maximum Billing Rate
Construction Manager 5 $214.99
Construction Manager 6 $237.07
Survey
Survey Field Technician 1 $77.99
Survey Field Technician 2 $88.01
Survey Field Technician 3 $95.00
Survey Data Analyst 1 $102.00
Survey Data Analyst 2 $116.99
Survey Data Analyst 3 $136.02
Survey Data Analyst 4 $150.92
Survey Crew Chief 1 $101.46
Survey Crew Chief 2 $132.58
Survey Crew Chief 3 $156.15
Project Surveyor 1 $158.00
Project Surveyor 2 $167.99
Project Surveyor 3 $182.48
Project Surveyor 4 $199.80
Project Surveyor 5 $236.25
Project Surveyor 6 $272.98
Project Surveyor 7 $315.00
Project Surveyor 8 $350.00
Landscape Architecture
Landscape Designer 1 $88.20
Landscape Designer 2 $121.28
Landscape Designer 3 $131.51
Landscape Designer 4 $141.75
Landscape Architect 1 $124.99
Landscape Architect 2 $138.00
Landscape Architect 3 $153.85
Landscape Architect 4 $165.00
Landscape Architect 5 $186.98
Landscape Architect 6 $202.89
Landscape Architect 7 $218.77
Landscape Architect 8 $295.00
Landscape Architect 9 $350.00
Planning
Planning Technician 1 $90.00
Planning Technician 2 $103.95
Planning Technician 3 $116.55
Planning Technician 4 $132.30
Planner 1 $121.21
Planner 2 $135.89
Planner 3 $166.95
Page 2 of 3
139 of 173
Discipline/Labor Category Maximum Billing Rate
Planner 4 $189.00
Planner 5 $209.79
Planner 6 $221.29
Planner 7 $306.31
GIS Specialist $132.30
Sr. GIS Specialist $165.00
Project Support Services
Administrative Assistant 1 $98.66
Administrative Assistant 2 $109.18
Administrative Assistant 3 $119.70
Administrative Assistant 4 $139.23
Project Coordinator 1 $114.06
Project Coordinator 2 $135.45
Project Coordinator 3 $154.35
Project Coordinator 4 $160.52
Graphic Designer $132.11
Sr. Graphic Designer $144.90
Billing Rates are updated annually by approximately four percent (4.00%)
Page 3 of 3
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EXHIBIT C
City of Renton
116th Avenue SE and Edmonds Way SE
Asbestos Cement (AC) Water Main Replacement
Project # ______
Otak Project No. 22800
PRELIMINARY MILESTONE SCHEDULE
Contract Notice to Proceed ........................................................................................... June 2026
1. Site Investigation and Data Collection Tasks .................................................. June/July 2026
2. Preliminary Design (30%+60%) and Construction Documents Tasks ....... July – August 2026
3. Final Design (90%+100%) and Construction Documents Tasks ................ Sept.’26 – Jan ‘27
4. Bid Solicitation Tasks ........................................................................................ February 2027
5. Anticipated Project Construction Start .......................................................... March/April 2027
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Project Location Map
WGS_1984_Web_Mercator_Auxiliary_Sphere
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
256
2560
376
Feet
2,257
128
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
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1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING
THE SUBMISSION OF AN APPLICATION FOR GRANT FUNDING
ASSISTANCE FOR A YOUTH ATHLETIC FACILITY PROJECT TO THE
RECREATION AND CONSERVATION FUNDING BOARD FOR THE LIBERTY
PARK NORTH ATHLETIC FIELD RENOVATION.
WHEREAS, the City of Renton (“City”) desires to renovate the northern athletic field
at Liberty Park, converting an existing natural grass and dirt field to a synthetic turf, multi-
use field for competitive youth sports and community recreation, a project internally
designated the file number 26-1389 (the “Project”); and
WHEREAS, the City desires state grant assistance, under provisions of the Youth
Athletic Facilities (“YAF”) program administered by the Washington State Recreation and
Conservation Funding Board which is supported by the Washington State Recreation and
Conservation Office (“RCO” or the “Office”), to aid in financing the cost of the Project; and
WHEREAS, RCO requires YAF program applicant entities to adopt an authorization
resolution using the language set forth below; and
WHEREAS, the City considers it to be in the best public interest to complete the
Project described in the application;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,
DO RESOLVE AS FOLLOWS:
SECTION I. The City intends to apply for funding assistance managed by the RCO for
the Project.
SECTION II. The City Council authorizes the following persons or persons holding
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specified titles/positions (and subsequent holders of those titles/positions) to execute the
following documents binding the City on the Project:
Grant Document Name of Signatory or Title of
Person Authorized to Sign
Grant application (submission thereof) Parks Planning Manager
Project contact (day-to-day administering
of the grant and communicating with the
RCO)
Parks Planning Manager
RCO Grant Agreement (Agreement) Mayor*
Agreement amendments
Up to $50,000
$50,000 or more
Parks and Recreation Administrator
Mayor*
Authorizing property and real estate
documents (Notice of Grant, Deed of
Right or Assignment of Rights if
applicable). These are items that are
typical recorded on the property with the
county.
Mayor*
* subject to Council approval where City policies require
The above persons are considered an “authorized representative(s)/agent(s)” for purposes
of the documents indicated. The City shall comply with a request from the RCO to provide
documentation of persons who may be authorized to execute documents related to the
grant.
SECTION III. The City has reviewed the sample RCO Grant Agreement on the
Recreation and Conservation Office’s WEB SITE at:
https://rco.wa.gov/wp-content/uploads/2019/06/SampleProjAgreement.pdf
The City understands and acknowledges that if offered an agreement to sign in the future, it
will contain an indemnification and legal venue stipulation and other terms and conditions
144 of 173
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substantially in the form contained in the sample Agreement and that such terms and
conditions of any signed Agreement shall be legally binding on the City if the City’s
representative/agent enters into an Agreement on the City’s behalf. The Office reserves the
right to revise the Agreement prior to execution.
SECTION IV. The City acknowledges and warrants, after conferring with its legal
counsel, that its authorized representative(s)/agent(s) have full legal authority to act and
sign on behalf of the City for their assigned role/document.
SECTION V. Grant assistance is contingent on a signed Agreement. Entering into any
Agreement with the Office is purely voluntary on the part of the City.
SECTION VI. The City understands that grant policies and requirements vary
depending on the grant program applied to, the grant program and source of funding in the
Agreement, the characteristics of the project, and the characteristics of the City.
SECTION VII. The City further understands that prior to the City’s authorized
representative(s)/agent(s) executing any of the documents listed above, the RCO may make
revisions to its sample Agreement and that such revisions could include the indemnification
and the legal venue stipulation. The City accepts the legal obligation that the City shall, prior
to execution of the Agreement(s), confer with the City’s authorized
representative(s)/agent(s) as to any revisions to the project Agreement from that of the
sample Agreement. The City also acknowledges and accepts that if the City’s authorized
representative(s)/agent(s) executes the Agreement(s) with any such revisions, all terms and
conditions of the executed Agreement shall be conclusively deemed to be executed with the
City’s authorization.
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SECTION VIII. Any grant assistance received will be used for only direct eligible and
allowable costs that are reasonable and necessary to implement the Project.
SECTION IX. If match is required for the grant, the City understands that the City
must certify the availability of match at least one month before funding approval. In addition,
the City understands it is responsible for supporting all non-cash matching share
commitments to this project should they not materialize.
SECTION X. The City acknowledges that if it receives grant funds managed by the
Office, the Office will pay the City on only a reimbursement basis. The City understands
reimbursement basis means that the City will only request payment from the Office after the
City incurs grant eligible and allowable costs and pays them. The Office may also determine
an amount of retainage and hold that amount until all project deliverables, grant reports, or
other responsibilities are complete.
SECTION XI. The City acknowledges that any property owned by our organization that
is developed, renovated, enhanced, or restored with grant assistance must be dedicated for
the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or
Office in writing and per the Agreement or an amendment thereto.
SECTION XII. This resolution/authorization is deemed to be part of the formal grant
application to the RCO.
SECTION XIII. Nothing in this Resolution requires the City to accept the terms of
future agreements or acceptance of any grant award.
SECTION XIV. The City warrants and certifies that this resolution/authorization was
properly and lawfully adopted following the requirements of the City and applicable laws
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5
and policies and that the City has full legal authority to commit it to the warranties,
certifications, promises, and obligations set forth herein.
PASSED BY THE CITY COUNCIL the 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-PR:26RES007:04.20.2026
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1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. 4587
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING
THE SUBMISSION OF AN APPLICATION FOR GRANT FUNDING
ASSISTANCE FOR A WASHINGTON WILDLIFE AND RECREATION LOCAL
PARKS PROGRAM PROJECT TO THE RECREATION AND CONSERVATION
FUNDING BOARD FOR THE CLEVELAND-RICHARDSON PARK
DEVELOPMENT.
WHEREAS, the City of Renton (“City”) desires to develop Cleveland-Richardson
Property with a playground, parking lot, restroom, and internal pathways providing access
to park amenities, a project internally designated the file number 26-1364 (the “Project”);
and
WHEREAS, the City desires state grant assistance, under provisions of the
Washington Wildlife and Recreation Program - Recreation Local Parks (“WWRP – Recreation
Local Parks”) program administered by the Washington State Recreation and Conservation
Funding Board which is supported by the Washington State Recreation and Conservation
Office (“RCO” or the “Office”), to aid in financing the cost of the Project; and
WHEREAS, RCO requires WWRP – Recreation Local Parks program applicant
entities to adopt an authorization resolution using the language set forth below; and
WHEREAS, the City considers it to be in the best public interest to complete the
Project described in the application;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,
DO RESOLVE AS FOLLOWS:
SECTION I. The City intends to apply for funding assistance managed by the RCO for
the Project.
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SECTION II. The City Council authorizes the following persons or persons holding
specified titles/positions (and subsequent holders of those titles/positions) to execute the
following documents binding the City on the Project:
Grant Document Name of Signatory or Title of
Person Authorized to Sign
Grant application (submission thereof) Parks Planning Manager
Project contact (day-to-day administering
of the grant and communicating with the
RCO)
Parks Planning Manager
RCO Grant Agreement (Agreement) Mayor*
Agreement amendments
Up to $50,000
$50,000 or more
Parks and Recreation Administrator
Mayor*
Authorizing property and real estate
documents (Notice of Grant, Deed of
Right or Assignment of Rights if
applicable). These are items that are
typical recorded on the property with the
county.
Mayor*
* subject to Council approval where City policies require
The above persons are considered an “authorized representative(s)/agent(s)” for purposes
of the documents indicated. The City shall comply with a request from the RCO to provide
documentation of persons who may be authorized to execute documents related to the
grant.
SECTION III. The City has reviewed the sample RCO Grant Agreement on the
Recreation and Conservation Office’s WEB SITE at:
https://rco.wa.gov/wp-content/uploads/2019/06/SampleProjAgreement.pdf
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The City understands and acknowledges that if offered an agreement to sign in the future, it
will contain an indemnification and legal venue stipulation and other terms and conditions
substantially in the form contained in the sample Agreement and that such terms and
conditions of any signed Agreement shall be legally binding on the City if the City’s
representative/agent enters into an Agreement on the City’s behalf. The Office reserves the
right to revise the Agreement prior to execution.
SECTION IV. The City acknowledges and warrants, after conferring with its legal
counsel, that its authorized representative(s)/agent(s) have full legal authority to act and
sign on behalf of the City for their assigned role/document.
SECTION V. Grant assistance is contingent on a signed Agreement. Entering into any
Agreement with the Office is purely voluntary on the part of the City.
SECTION VI. The City understands that grant policies and requirements vary
depending on the grant program applied to, the grant program and source of funding in the
Agreement, the characteristics of the project, and the characteristics of the City.
SECTION VII. The City further understands that prior to the City’s authorized
representative(s)/agent(s) executing any of the documents listed above, the RCO may make
revisions to its sample Agreement and that such revisions could include the indemnification
and the legal venue stipulation. The City accepts the legal obligation that the City shall, prior
to execution of the Agreement(s), confer with the City’s authorized
representative(s)/agent(s) as to any revisions to the project Agreement from that of the
sample Agreement. The City also acknowledges and accepts that if the City’s authorized
representative(s)/agent(s) executes the Agreement(s) with any such revisions, all terms and
150 of 173
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4
conditions of the executed Agreement shall be conclusively deemed to be executed with the
City’s authorization.
SECTION VIII. Any grant assistance received will be used for only direct eligible and
allowable costs that are reasonable and necessary to implement the Project.
SECTION IX. If match is required for the grant, the City understands that the City
must certify the availability of match at least one month before funding approval. In addition,
the City understands it is responsible for supporting all non-cash matching share
commitments to this project should they not materialize.
SECTION X. The City acknowledges that if it receives grant funds managed by the
Office, the Office will pay the City on only a reimbursement basis. The City understands
reimbursement basis means that the City will only request payment from the Office after the
City incurs grant eligible and allowable costs and pays them. The Office may also determine
an amount of retainage and hold that amount until all project deliverables, grant reports, or
other responsibilities are complete.
SECTION XI. The City acknowledges that any property owned by our organization that
is developed, renovated, enhanced, or restored with grant assistance must be dedicated for
the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or
Office in writing and per the Agreement or an amendment thereto.
SECTION XII. This resolution/authorization is deemed to be part of the formal grant
application to the RCO.
SECTION XIII. Nothing in this Resolution requires the City to accept the terms of
future agreements or acceptance of any grant award.
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SECTION XIV. The City warrants and certifies that this resolution/authorization was
properly and lawfully adopted following the requirements of the City and applicable laws
and policies and that the City has full legal authority to commit it to the warranties,
certifications, promises, and obligations set forth herein.
PASSED BY THE CITY COUNCIL the 8th of June, 2026.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this 8th of June, 2026.
Armondo Pavone, Mayor
Approved as to form:
____________________________________
Shane Moloney, City Attorney
RES-PR:26RES009:04.07.2026
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1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. 4587
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING
THE SUBMISSION OF AN APPLICATION FOR GRANT FUNDING
ASSISTANCE FOR AN AQUATIC LANDS ENHANCEMENT ACCOUNT
PROGRAM PROJECT TO THE RECREATION AND CONSERVATION FUNDING
BOARD FOR THE COULON SWIM BEACH RESTORATION PROJECT.
WHEREAS, the City of Renton (“City”) desires to restore the Coulon Park Swim Beach
shoreline and develop a walkway, a project internally designated the file number 26-1365
(the “Project”); and
WHEREAS, the City desires state grant assistance, under provisions of the Aquatic
Land Enhancement Account (“ALEA”) program administered by the Washington State
Recreation and Conservation Funding Board which is supported by the Washington State
Recreation and Conservation Office (“RCO” or the “Office”), to aid in financing the cost of
the Project; and
WHEREAS, RCO requires ALEA program applicant entities to adopt an authorization
resolution using the language set forth below; and
WHEREAS, the City considers it to be in the best public interest to complete the
Project described in the application;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,
DO RESOLVE AS FOLLOWS:
SECTION I. The City intends to apply for funding assistance managed by the RCO for
the Project.
SECTION II. The City Council authorizes the following persons or persons holding
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RESOLUTION NO. 4587
2
specified titles/positions (and subsequent holders of those titles/positions) to execute the
following documents binding the City on the Project:
Grant Document Name of Signatory or Title of
Person Authorized to Sign
Grant application (submission thereof) Parks Planning Manager
Project contact (day-to-day administering
of the grant and communicating with the
RCO)
Parks Planning Manager
RCO Grant Agreement (Agreement) Mayor*
Agreement amendments
Up to $50,000
$50,000 or more
Parks and Recreation Administrator
Mayor*
Authorizing property and real estate
documents (Notice of Grant, Deed of
Right or Assignment of Rights if
applicable). These are items that are
typical recorded on the property with the
county.
Mayor*
* subject to Council approval where City policies require
The above persons are considered an “authorized representative(s)/agent(s)” for purposes
of the documents indicated. The City shall comply with a request from the RCO to provide
documentation of persons who may be authorized to execute documents related to the
grant.
SECTION III. The City has reviewed the sample RCO Grant Agreement on the
Recreation and Conservation Office’s WEB SITE at:
https://rco.wa.gov/wpcontent/uploads/2019/06/SampleProjAgreement.pdf
The City understands and acknowledges that if offered an agreement to sign in the future, it
will contain an indemnification and legal venue stipulation and other terms and conditions
154 of 173
RESOLUTION NO. 4587
3
substantially in the form contained in the sample Agreement and that such terms and
conditions of any signed Agreement shall be legally binding on the City if the City’s
representative/agent enters into an Agreement on the City’s behalf. The Office reserves the
right to revise the Agreement prior to execution.
SECTION IV. The City acknowledges and warrants, after conferring with its legal
counsel, that its authorized representative(s)/agent(s) have full legal authority to act and
sign on behalf of the City for their assigned role/document.
SECTION V. Grant assistance is contingent on a signed Agreement. Entering into any
Agreement with the Office is purely voluntary on the part of the City.
SECTION VI. The City understands that grant policies and requirements vary
depending on the grant program applied to, the grant program and source of funding in the
Agreement, the characteristics of the project, and the characteristics of the City.
SECTION VII. The City further understands that prior to the City’s authorized
representative(s)/agent(s) executing any of the documents listed above, the RCO may make
revisions to its sample Agreement and that such revisions could include the indemnification
and the legal venue stipulation. The City accepts the legal obligation that the City shall, prior
to execution of the Agreement(s), confer with the City’s authorized
representative(s)/agent(s) as to any revisions to the project Agreement from that of the
sample Agreement. The City also acknowledges and accepts that if the City’s authorized
representative(s)/agent(s) executes the Agreement(s) with any such revisions, all terms and
conditions of the executed Agreement shall be conclusively deemed to be executed with the
City’s authorization.
155 of 173
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4
SECTION VIII. Any grant assistance received will be used for only direct eligible and
allowable costs that are reasonable and necessary to implement the Project.
SECTION IX. If match is required for the grant, the City understands that the City
must certify the availability of match at least one month before funding approval. In addition,
the City understands it is responsible for supporting all non-cash matching share
commitments to this project should they not materialize.
SECTION X. The City acknowledges that if it receives grant funds managed by the
Office, the Office will pay the City on only a reimbursement basis. The City understands
reimbursement basis means that the City will only request payment from the Office after the
City incurs grant eligible and allowable costs and pays them. The Office may also determine
an amount of retainage and hold that amount until all project deliverables, grant reports, or
other responsibilities are complete.
SECTION XI. The City acknowledges that any property owned by our organization that
is developed, renovated, enhanced, or restored with grant assistance must be dedicated for
the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or
Office in writing and per the Agreement or an amendment thereto.
SECTION XII. This resolution/authorization is deemed to be part of the formal grant
application to the RCO.
SECTION XIII. Nothing in this Resolution requires the City to accept the terms of
future agreements or acceptance of any grant award.
SECTION XIV. The City warrants and certifies that this resolution/authorization was
properly and lawfully adopted following the requirements of the City and applicable laws
156 of 173
RESOLUTION NO. 4587
5
and policies and that the City has full legal authority to commit it to the warranties,
certifications, promises, and obligations set forth herein.
PASSED BY THE CITY COUNCIL the 8th day of June, 2026.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this 8th day of June, 2026.
Armondo Pavone, Mayor
Approved as to form:
____________________________________
Shane Moloney, City Attorney
RES-PR:26RES010:04.07.2026
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1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,
APPROVING THE SOUTH KING HOUSING AND HOMELESSNESS PARTNERS 2027
WORK PLAN AND OPERATING BUDGET.
WHEREAS, on May 24, 2019, the City of Renton entered an Interlocal Agreement (“ILA”) 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, pursuant to the ILA, each participating jurisdiction must approve an annual work
plan each year to guide the work of SKHHP staff; and
WHEREAS, pursuant to the ILA, each participating jurisdiction must approve SKHHP’s
annual budget that includes an itemization of all categories of budgeted expenses and itemization
of each Party’s contribution, including in-kind services; and
WHEREAS, the purpose of the annual work plan and budget is to provide management and
budget guidance, and implement the overarching SKHHP mission to work together and share
resources to increase the available options for South King County residents to access affordable
housing and to preserve the existing affordable housing stock; and
WHEREAS, the 2027 work plan includes four goals with corresponding action items that
further SKHHP’s mission; and
WHEREAS, on May 15, 2026, the SKHHP Executive Board adopted Resolution 2026-02
enacting the 2027 work plan and budget upon approval by the legislative body of each participating
party.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
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RESOLUTION NO. _________
2
SECTION I. The City Council adopts the SKHHP 2027 Work Plan as shown in Exhibit A,
attached hereto.
SECTION II. The City Council adopts the 2027 Operating Budget as shown in Exhibit A,
attached hereto.
SECTION III. The City of Renton will transmit its annual contribution to SKHHP on an annual
basis during the first quarter of the calendar year.
SECTION IV. This Resolution will take effect and be in full force upon passage by the City
Council 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:26RES016:05.14.2026
159 of 173
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Resolution No. 2026-03
May 15, 2026
Page 1 of 9
RESOLUTION NO. 2026-03
A RESOLUTION OF THE EXECUTIVE BOARD OF THE
SOUTH KING COUNTY HOUSING AND HOMELESSNESS
PARTNERS(SKHHP), ADOPTING THE 2027 SKHHP WORK
PLAN AND OPERATING BUDGET
WHEREAS, pursuant to the Interlocal Agreement, the SKHHP Executive Board
approves an annual work plan and budget each year to guide the work of SKHHP staff;
and
WHEREAS, pursuant to the Interlocal Agreement, the annual budget includes an
itemization of all categories of budgeted expenses and itemization of each Party’s
contribution, including in-kind services; and
WHEREAS, upon adoption by the Executive Board, the annual work plan and
budget will be transmitted to each participating jurisdiction for approval by their legislative
body; and
WHEREAS, the budget will not become effective until approved by the legislative
body of each jurisdiction and adopted by the SKHHP Executive Board; and
WHEREAS, if a party does not approve the work plan or budget in a timely manner,
the Executive Board may adopt the budget and work plan with a two-thirds majority vote;
and
WHEREAS, the purpose of the annual work plan and budget is to provide
management and budget guidance, and implement the overarching SKHHP mission to
work together and share resources to increase the available options for South King
County residents to access affordable housing and to preserve the existing affordable
housing stock; and
EXHIBIT A
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Resolution No. 2026-03
May 15, 2026
Page 2 of 9
WHEREAS, the 2027 work plan includes four goals with corresponding action
items that further SKHHP’s mission.
NOW, THEREFORE, THE EXECUTIVE BOARD RESOLVES as follows:
Section 1. The Executive Board adopts the 2027 SKHHP Work Plan in
Attachment A.
Section 2. The Executive Board adopts the 2027 SKHHP Operating Budget in
Attachment B.
Section 3. Each party’s contribution to SKHHP’s operating budget will be
transmitted on an annual basis during the first quarter of the calendar year.
Section 4. The Executive Manager shall conduct a comprehensive budget
analysis and fiscal performance report prior to the development of the 2028 budget. This
report will evaluate the financial efficiency of operations and establish cost-performance
benchmarks to inform future funding requirements.
Section 5. The Executive Manager is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 6. SKHHP staff is authorized to make necessary corrections to this
Resolution including, but not limited to, the correction of scrivener’s/clerical errors,
references, Resolution numbering, section/subsection numbers, and any references
thereto.
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Resolution No. 2026-03
May 15, 2026
Page 3 of 9
Section 7. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed this _____ day of _________________, 2026.
SOUTH KING COUNTY HOUSING AND HOMELESSNESS PARTNERS
____________________________
NANCY BACKUS, CHAIR
ATTEST:
_____________________________
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Resolution No. 2026-03
May 15, 2026
Page 4 of 9
RESOLUTION 2026-01 – ATTACHMENT A
SKHHP 2027 WORK PLAN
PURPOSE
Establish a 2027 SKHHP work plan and budget that is guided by Executive Board
priorities, is consistent with the SKHHP Interlocal Agreement, and furthers SKHHP’s
mission.
BACKGROUND
Established by an interlocal agreement, SKHHP jurisdictions work together and share
resources to increase options for South King County residents to access affordable
housing and preserve existing affordable housing. The 2027 SKHHP work plan builds
on work done in previous years and was developed in collaboration with the Executive
Board and staff work group.
The work plan is organized into four goals with corresponding action items. Each action
is identified by priority as follows:
• Higher – Identified as higher priority by Executive Board or is necessary to carry out the
Interlocal Agreements
• Medium – Identified as mid-level priority
• Lower – Identified as lower priority
Quarterly budget and progress reports on the status of the work plan elements will be
submitted to the SKHHP Executive Board and the legislative body of each member
jurisdiction as follows:
Quarter 1: May | Quarter 2: August | Quarter 3: November | Quarter 4: February
In accordance with the Interlocal Agreement, the 2027 SKHHP work plan and budget
will be approved by the SKHHP Executive Board and the legislative body of each
member jurisdiction.
SKHHP MISSION
South King County jurisdictions working together and sharing resources to create a
coordinated, comprehensive, and equitable approach to increasing housing stability,
reducing homelessness, and producing and preserving quality affordable housing in
South King County.
GOALS & ACTIONS
Goal Actions
1. Fund the expansion and preservation of
affordable housing.
1 through 5
2. Develop policies to expand and preserve
affordable housing.
6 through 9
3. Serve as an advocate for South King County.
10 through 15
4. Manage operations and administration.
16 through 22
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Resolution No. 2026-03
May 15, 2026
Page 5 of 9 Rev. 2018
Goal 1
Fund the expansion and preservation of affordable housing.
Actions
Priority of Actions
••• = Higher
•• = Medium
• = Lower
1. Pool resources from member cities for the Housing Capital Fund,
including SHB 1406 funds, HB 1590 funds, and general funds.
•••
2. Develop and execute contract documents and covenants for
projects ready to move forward from 2023-25 Housing Capital
Fund funding rounds.
•••
3. Facilitate approval from participating Councils of recommended
projects from 2026 Housing Capital Fund funding round and
prepare contract documents and covenants for any projects ready
to move forward.
•••
4. Manage 2027 Housing Capital Fund funding round including
adopting annual guidelines, updating application materials,
soliciting proposals, and facilitating project selection.
•••
5. Encourage investment in South King County by private investors,
lenders, and philanthropies.
•••
Indicators
o Number of housing units and number of projects funded with financial support from
SKHHP
o Number of housing units preserved with financial support from SKHHP
o Total dollar amount pooled by member jurisdictions for Housing Capital Fund
o Total dollar amount from new sources of revenue added to the Housing Capital Fund
o Geographic diversity of applications received for annual Housing Capital Fund funding
round
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Resolution No. 2026-03
May 15, 2026
Page 6 of 9 Rev. 2018
Goal 2
Develop policies to expand and preserve affordable housing.
Actions
Priority of
Actions
••• = Higher
•• = Medium
• = Lower
6. Facilitate a review of inclusionary zoning models and feasibility
requirements to identify potential shared policy goals among
member jurisdictions.
••
7. Convene land use planners (SoKiHo) to increase coordination and
collaboration on housing policy and planning.
•
8. Build relationships with developers to learn from their
perspective the ways to encourage housing development,
especially affordable housing.
•
9. Develop SKHHP Executive Board briefings on key housing and
homelessness topics, especially as they relate to the goals of the
work plan.
•
Indicators
o Subregional inclusionary zoning potential shared policy goals and feasibility report
prepared and presented
o Number of relationships fostered with developers
o Number of Executive Board briefings on key housing and homelessness topics
165 of 173
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Resolution No. 2026-03
May 15, 2026
Page 7 of 9 Rev. 2018
Goal 3
Serve as an advocate for South King County.
Actions
Priority of Actions
••• = Higher
•• = Medium
• = Lower
10. Work collaboratively with public funders at the state and local
levels to increase alignment and promote shared affordable
housing goals and equitable geographic distribution of resources.
••
11. Coordinate with the Advisory Board in collaboration with housing
organizations and stakeholder groups to provide education and
engagement opportunities for elected officials and community
members.
•
12. Represent SKHHP at relevant local and regional meetings and
forums that help advance SKHHP’s mission and provide a voice
for increasing access to safe, healthy, and affordable housing in
South King County.
•
13. Connect affordable housing developers with property owners
who intend to sell naturally occurring affordable housing in
coordination with member cities.
•
14. Meet with legislators as opportunities arise to inform about
SKHHP’s mission, goals, and the Housing Capital Fund and host a
legislative forum (odd numbered years).
•
15. Host a South King County legislative forum to amplify awareness
of SKHHP’s work and subregional housing needs.
•
Indicators
o Number of collaborative work sessions held with public funders
o Number of events or engagement opportunities Advisory Board members organize or
support
o Number of meetings, forums, or events attended that advance SKHHP's mission
o Number of meetings with legislators that promote SKHHP and South King County
o Number of affordable housing developers connected with property owners intending
to sell naturally occurring affordable housing
o South King County legislative forum successfully executed
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Resolution No. 2026-03
May 15, 2026
Page 8 of 9 Rev. 2018
Goal 4
Manage operations and administration.
Actions
Priority of
Actions
••• = Higher
•• = Medium
• = Lower
16. Develop annual work plan and budget. •••
17. Generate and distribute quarterly progress reports to SKHHP
Executive Board and member jurisdictions.
•••
18. Work with administering agency to maintain records and produce
regular financial reports for the SKHHP Housing Capital Fund and
SKHHP Operating Account.
•••
19. Organize and host monthly Executive and Advisory Board public
meetings.
•••
20. Implement and refine monitoring and compliance process to
ensure Housing Capital Fund projects maintain affordability for
tenants.
•••
21. Facilitate membership outreach to interested South King County
cities to engage potential partners and scale regional housing
impact.
••
22. Evaluate current staff capacity and establish comparative growth
models to inform SKHHP’s long-term expansion.
••
23. Maintain and update the SKHHP website. ••
Indicators
o Work plan and budget adopted
o Quarterly progress reports prepared and presented to Executive Board
o Financial reports and public records maintained
o Monthly Executive and Advisory Board meetings held
o Process established for monitoring and compliance of Housing Capital Fund projects
o Number of outreach meetings, informational briefings, or regional workshops
conducted with non-member South King County cities.
o Staffing capacity report and growth models prepared and presented to Executive
Board
o Website maintained
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Resolution No. 2026-03
May 15, 2026
Page 9 of 9 Rev. 2018
RESOLUTION 2026-02 – ATTACHMENT B
2027 SKHHP Operating Budget
Estimated beginning fund balance - January 1, 2027 $ 398,094
Estimated ending fund balance - December 31, 2027 $ 331,185
REVENUES Auburn $ 52,295
Burien $ 30,171
Covington $ 15,086
Des Moines $ 15,086
Federal Way $ 68,386
Kent $ 68,386
Maple Valley $ 15,086
Normandy Park $ 8,045
Renton $ 68,386
SeaTac $ 15,086
Tukwila $ 15,086
King County* $ 68,386
Additional King County* $ 6,614
Office space (in-kind donation) $ 12,000
TOTAL REVENUES $ 458,099
Spend down balance $ 66,909
TOTAL $ 525,008
EXPENSES Salaries & Wages $ 269,648
Benefits $ 85,662
Professional Services $ 63,970
Interfund Allocations $ 44,000
Office Space (in-kind donation) $ 12,000
Supplies $ 2,000
Subtotal $ 477,280
Administering agency - 10% admin fee** $ 47,728
TOTAL $ 525,008
RESERVE
TOTAL $ 1,026,983
*King County contribution based on the population of unincorporated King County is shown as increasing at the same rate as other
partner jurisdictions and the additional allocation decreasing to maintain a total contribution of $75,000 per year.
**10% administrative fee is calculated as a percentage of operating costs which excludes in-kind donations and carry-forwards.
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1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RENTON,
WASHINGTON, DECLARING COMPLETION OF THE 2024 PERIODIC
REVIEW AND UPDATE TO THE CITY OF RENTON 2024 COMPREHENSIVE
PLAN AND DEVELOPMENT REGULATIONS PURSUANT TO
RCW 36.70A.130.
WHEREAS, the City of Renton (“City”) is required by the Washington State Growth
Management Act (GMA), specifically RCW 36.70A.130(1), to periodically review and, if
needed, revise its Comprehensive Plan and development regulations; and
WHEREAS, this resolution formally documents completion of the periodic review
and update process required under RCW 36.70A.130; and
WHEREAS, the City initiated a multi-year process to conduct a periodic review of the
Comprehensive Plan and development regulations to ensure consistency with the GMA, the
Puget Sound Regional Council’s VISION 2050, and the King County Countywide Planning
Policies; and
WHEREAS, on December 9, 2024, the City Council adopted Ordinance No. 6153,
which approved the 2024 Comprehensive Plan and associated amendments to the city’s
development regulations; and
WHEREAS, as part of the 2024 periodic update process, the City conducted a
comprehensive review of its development regulations, including those not related to critical
areas, to ensure consistency with the Comprehensive Plan, applicable state law, and the
requirements of the GMA; and
WHEREAS, developing the Transportation Element of the Comprehensive Plan
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RESOLUTION NO. __________
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occurred on a special timeline and the Puget Sound Regional Council (PSRC) certified the
City’s Comprehensive Plan in June 2025 with the condition that the Transportation Element
be completed by December 2025.
WHEREAS, on December 1, 2025, the City Council adopted Ordinance No. 6177
which approved the revised Transportation Element of the 2024 Comprehensive Plan; and
WHEREAS, based on review of the development regulations, the City Council
adopted amendments to development regulations that were necessary and determined that
remaining regulations are consistent with the Comprehensive Plan and compliant with the
GMA; and
WHEREAS, to further ensure the City’s development regulations comply with the
GMA, including critical areas ordinances, and incorporate Best Available Science (BAS), the
City Council adopted the following legislative actions:
1. Ordinance No. 6160 was adopted June 16, 2025, amending Title IV of the
Renton Municipal Code to implement the requirements of House Bill 1110 and
House Bill 1337, aligning the code with the 2024 Comprehensive Plan; and
2. Ordinance No. 6179 was adopted December 8, 2025, to update critical areas
regulations using Best Available Science as required by RCW 36.70A.172(1)
and WAC 365-195-900 through 925; and
WHEREAS, the City provided for early and continuous public participation
throughout the update process in accordance with RCW 36.70A.140; and
WHEREAS, the City submitted proposed amendments to the Washington State
Department of Commerce for 60-day review as required by RCW 36.70A.106 for the 2024
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RESOLUTION NO. __________
3
Comprehensive Plan, the 2025 revised Transportation Element, and for each development
regulation amendment identified herein, as part of the 2024 periodic update cycle; and
WHEREAS, the City Council finds that the collective actions taken through the
adoption of the 2024 Comprehensive Plan and the aforementioned ordinances satisfy the
requirements of the periodic update cycle mandated by RCW 36.70A.130; and
WHEREAS, this resolution is intended to formally document completion of the
periodic review and update process required under RCW 36.70A.130, through which the City
has reviewed and, where necessary, revised its Comprehensive Plan and development
regulations to ensure compliance with the GMA, and does not adopt new policy or regulatory
changes;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,
DO RESOLVE AS FOLLOWS:
SECTION I. The recitals set forth above are hereby incorporated into, and made an
integral part of, this resolution.
SECTION II. Pursuant to the requirements of RCW 36.70A.130, the City Council
hereby declares that the City of Renton has completed the periodic review and update of its
Comprehensive Plan and development regulations for the 2024 update cycle. This
declaration signifies that the city has reviewed its plan and regulations and has taken
legislative action to ensure continued compliance with the Growth Management Act.
SECTION III. If any section, paragraph, sentence, clause, or phrase of this resolution,
or its application to any person or situation, be declared unconstitutional or otherwise
invalid for any reason, or should any portion of this ordinance be pre-empted by state or
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RESOLUTION NO. __________
4
federal law or regulation, such decision or preemption shall not affect the validity of the
remaining portions of this resolution or its application to other persons or situation. The City
Council of the City of Renton hereby declares that it would have adopted this resolution and
each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses, phrases, or portions
be declared invalid or unconstitutional.
SECTION IV. Upon the approval of the City Attorney, the city clerk and the codifiers
of this resolution are authorized to make any necessary corrections to this resolution
including, but not limited to, the correction of scrivener’s/clerical errors, references,
resolution numbering, section/subsection numbers, and any reference thereto.
SECTION V. Any act consistent with the authority and prior to the effective date of
this resolution is hereby ratified and affirmed.
SECTION VI. This resolution shall be effective immediately upon passage by the City
Council of the City of Renton.
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
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RESOLUTION NO. __________
5
Approved as to form:
Shane Maloney, City Attorney
RES-CED:26RES018:05.14.2026
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