Loading...
HomeMy WebLinkAboutFinal Agenda Packet . V � 'r� CITY OF RENTON AGENDA - REGULAR 7:00 PM - MONDAY, JUNE 22, 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=TUNCcnppbjNjbjN RMWpZaXk2bjJnZz09 (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(a�rentonwa.� or cit. c�erk(a�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. National Gun Violence Awareness Month — June 2026 4. ADMINISTRATIVE REPORT Administrative Report 5. AUDIENCE COMMENTS- All remarks must be addressed to the Council as a whole, if a response is requested please provide your name and address, including email address, to the City Clerk to allow for follow-up. - Speakers must sign-up prior to the Council meeting. - Each speaker is allowed three minutes. - When recognized, please state your name & city of residence for the record.NOTICE to all participants: Pursuant to state law, RCW 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 15, 2026. Council Concur b) Community & Economic Development Department— Economic Development Division submits a petition by the Corporation of the Catholic Archbishops of Seattle, owner of St. Anthony's School at 336 Shattuck Ave S, requesting release of a utility easement reserved by Ordinance No. 4883, King County Recording Number 20010117001672, located in the vicinity of the alley located north of S 4th St and between Whitworth Ave S and Shattuck Ave S. The petitioner has removed and installed a new wastewater main that was in the utility easement. Additionally staff requests adoption of a resolution setting a Public Hearing to consider this matter on July 20, 2026. Refer to Utilities Committee c) Public Works Department — Facilities Division recommends execution of Change Order No. 11 to CAG-25-016, Renton Market Project, contractor Schuchart Corporation, in the amount of$669,830.64 for omitted Washington State Sales Tax. Refer to Finance Committee d) Public Works Department— Transportation Systems Division submits the Renton Transportation Benefit District (RTBD) 2025 Annual Report and requests adoption and publication of the report pursuant to RCW 36.73.160(2). Council Concur e) Public Works Department— Utility Systems Division reports bid opening on May 20, 2026, for CAG-26-096 — PRV Station #1 Rehabilitation projecrt, and recommends awarding the contract to the lowest responsive and responsible bidder, CR Construction, LLC, in the amount of$541,885.37. Council Concur 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk(*)may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Planning & Development Committee: 1) Continued Pooling of SHB 1406 Sales Tax Credit Funds with South King Housing and Homeless Partners (SKHHP); 2) 2026 Title IV Docket #21 and Other New Work Program Items b) Finance Committee: 1) Vouchers; 2) Port of Seattle's Tourism Marketing Support Program Grant Award ; 3) Application Authorization: Washington Wildlife and Recreation Program-Local Parks Grant to Support Northeast Renton Park Development*; 4) Bloomberg Harvard City Hall Fellow Grant Agreement and Limited-Term Management Analyst Position 8. LEGISLATION Resolutions: a) Resolution No. 4591: 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. (Approved via Utilities Committee 6/15/2026) b) Resolution No. 4592: 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 Northeast Renton Park Development. (See Item 7.b) c) Resolution No. 4593:A Resolution of the City of Renton, Washington, Setting a public hearing date regarding declaring an existing utility easement surplus to the City's needs and authorizing release of said easement. (See item 6.b) Ordinance for first reading: d) Ordinance No. 6193: 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 OneMeeting Project Confirmation of Work City of Renton within the public right-of-way of Renton. (Approved via Utilities Committee 6/15/2026) Ordinance for second and final reading: e) Ordinance No. 6194: An Ordinance of the City of Renton, Washington, amending the 2026 City of Renton salary table to reflect the July 1, 2026 salary grade adjustments agreed to in a May 20, 2026 memorandum of understanding between the City of Renton and AFSCME; providing for severability; and establishing an effective date. (First Reading 6/15/2026) 9. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 10. ADJOURNMENT . ' • � � Armondo Pavone Mayor �r�, • PROCLAMATION WHEREAS, every day, nearly 130 people in the United States are killed by gun violence and more than 200 are shot and wounded,with an average of more than 19,000 gun homicides everyyear; and WHEREAS, people in the United States are 26 times more likelyto die by gun homicide than people in other high-income countries;and WH EREAS, Washington has 950 gun deaths every year,with a rate of 11.7 deaths per 100,000 people, Washington has the 39th highest rate of gun deaths in the U.S.; and WHEREAS, mayors, councilmembers, and law enforcement officers—in partnership with local violence intervention activists and resources—knowtheir communities best, arethe mostfamiliarwith local criminal activity and howto address it, and are best positioned to understand how to keep their citizens safe; and WHEREAS,gun violence prevention is more important than ever as we see gun violence continue to impact communities across the country; and WH EREAS,we renew our commitment to reduce gun violence and pledge to do all we can to keep firearms out of the hands of people who should not have access to them and encourage responsible gun ownership to help keep our families and communities safe;and NOW THEREFORE, I,Armondo Pavone, Mayor of the City of Renton, do hereby proclaim June 2026 to be National Gun Violence Awareness Month in the City of Renton, and I encourage all residents to support their local communities'efforts to prevent the tragic impacts of gun violence and to save lives. I N WITNESS TH EREOF, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 22nd day of June 2026. ,i -- ----T - - `� �. MayorAr ondo Pavone � City of Renton, Washington , � of 154 Renton City Hall,7th Floor 1055 South Grady Way, Renton,WA 98057• rentonwa.gov . C ,� '� ' • Mayor's Office DATE: June 18, 2026 TO: Ruth Perez, Council President Members of the Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • Legacy Square is alive! Join us for more FIFA World Cup watch parties June 25, 27, and 28. If theatre is more your style, be sure not to miss the live production of Shakespeare's Much Ado About Nothing on June 26. For more information and a full list of the events visit www.rentonwa.gov/events. • America is turning 250 years old, and Renton is celebrating! Join us Saturday,July 4 from 9 a.m. to 1 p.m. at Cedar River Park(1717 Maple Valley Hwy)for Renton's Hometown 4th of July. The event is free and includes a 5K run, DJ, hot-of-the-grill hot dogs,game zone, and much more fun for the whole family! For more information visit www.rentonwa.gov/4thofjuly. • 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. ✓ On-going construction work through Winter 2026. Intermittent lane closures on SW 43 St for resurfacing and drainage improvements. Approved traffic control plans were issued for all work and will be followed. Questions may be directed to 425-286-8217. ✓ Monday, June 22 through Friday, June 26, 8:OOam-4:OOpm. Intermittent lane closure on 116t" Ave SE between SE 160t" St and SE 162nd St for construction work. Approved traffic control plans were issued for all work and will be followed. Questions may be directed to Piero D'Amore, 206-999-1833. ✓ Monday, June 22 through Friday, June 26, B:OOam-4:OOpm. Road closure on 122"d Ave SE between SE 172"d St and SE 168th St for construction work. Approved traffic control plans were issued for all work and will be followed, including detour and spotters and flaggers to assist with local traffic and pedestrians. Questions may be directed to Rob Blackburn, 206- 379-1489. ✓ Monday, June 22 through Friday, June 26, 8:OOam-4:OOpm. Road closure on 123'd Ave SE between SE 172"d St and SE 168th St for construction work. Approved traffic control plans were issued for all work and will be followed, including detour and spotters and flaggers to assist with local traffic and pedestrians. Questions may be directed to Rob Blackburn, 206- 379-1489. 6 of 154 Ruth Perez,Council President Members of the Renton City Council Page 2 of 2 June 18,2026 ✓ Monday, June 22 through Friday, June 26, 8:OOam-4:OOpm. Road closure on 124t" Ave SE between SE 172nd St and SE 168t" St for construction work. Approved traffic control plans were issued for all work and will be followed, including detour and spotters and flaggers to assist with local traffic and pedestrians. Questions may be directed to Rob Blackburn, 206- 379-1489. ✓ Monday,June 22 through Friday,June 26,8:OOam-3:OOpm. Road closure on 158th Ave SE at NE 4`h St and intermittent lane closure on NE 4th St/SE 128`h St for utilitywork.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 22 through Friday,June 26,8:OOam-3:OOpm. 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. ✓ Monday, June 22 through Friday, June 26, 8:OOam-3:OOpm. Intermittent lane closure on Puget Dr SE from Rolling Hills Ave SE to SE 19t" St for construction work. Approved traffic control plans were issued for all work and will be followed. Questions may be directed to Kip Braaten, 206-503-1746. ✓ Tuesday,June 23through Thursday,June 25,7:OOam-4:OOpm. Intermittent lane closure on Union Ave NE between NE 25t" Pl and NE Sunset Blvd for road repair work. Flaggers will be on-site as needed to manage traffic.Questions may be directed to Public Works Shops,425- 430-7400. ✓ 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. 7 of 154 . � '� � CITYOF RENTON MINUTES - REGULAR 7:00 PM - MONDAY,JUNE 15, 2026 Council Chambers, 7th Floor, City Hall- 1055 S. Grady Way 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL Attendance Ruth Perez, Council President James Alberson, Jr., Council Position No. 1 Carmen Rivera, Council Position No. 2 Valerie O'Halloran, Council Position No. 3 Ryan Mclrvin, Council Position No. 4 Ed Prince, Council Position No. 5 Kim-Khanh Van, Council Position No. 7 ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer Cheryl Beyer, Senior Assistant City Attorney Jason Seth, City Clerk Kari Roller, Finance Administrator Maryjane Van Cleave, Parks & Recreation Administrator Martin Pastucha, Public Works Administrator Jennifer Spencer, Recreation Director Laura Pettitt, Communications & Engagement Director YoungYoon, IT Director Matt Herrera, Planning Director Angel Laycock, Communications Manager Sam Severson, Communications Specialist 2 Commander Sue Hassinger, Police Department ATTENDED REMOTELY Georgia Ward-Collings,Administrative Secretary I Ron Straka, Public Works Utility Systems Director 8 of 154 3. PROCLAMATION a) Juneteenth—June 19, 2026: A proclamation by Mayor Pavone was read declaring June 19, 2026, as Juneteenth in the City of Renton and encouraging everyone to join in this special observance. Lawrence Garrett spoke about the accomplishments of his great-great-grandfather and accepted the proclamation with appreciation. MOVED BY PRINCE, SECONDED BYALBERSON, COUNCILADOPTTHE PROCLAMATION AS PUBLISHED. CARRIED. b) National Go Skateboarding Day—June 21, 2026: A proclamation by Mayor Pavone was read declaring June 21, 2026, to be National Go Skateboarding Day in the City of Renton and encouraging everyone to join in this special observance. Mark Arnold accepted the proclamation with appreciation. MOVED BY PEREZ, SECONCED BY MCIRVIN, COUNCILADOPTTHE PROCLAMATION AS PUBLISHED. CARRIED. 4. ADMINISTRATIVE REPORT CAO Ed VanValey reviewed a written administrative report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2026 and beyond. Noted items were: � FIFA live watch parties at Legacy Square continue this week including the USA vs. Australia match, Friday,June 19 from 10 a.m.-2:30 p.m.All summer long enjoy movies, concerts, and more at Renton's newest outdoor venue. For a full list of the events visit www.rentonwa.gov/events. � Liberty Skate Park is turning 25! Come celebrate 25 years of community at the Skate Park Sunday,June 21,from 12-3 p.m. Enjoy live music,games,win prizes, and more.This free event is open to all ages and a great way to spend Sunday with family and friends.Visit www.rentonwa.gov/events for more information. • Join us Thursday, June 18 at 3 p.m. in the Renton City Hall upper parking lot for the Juneteenth Flag Raising Ceremony. Hear speeches from Mayor Pavone and a community member. Light refreshments will be served. • The public is invited to attend the free Juneteenth Celebrations in Renton and in nearby cities. o Saturday, June 6—Trailblazers Celebration; Talbot Hill Elementary; 12-4 p.m. o Friday, June 19—Freedom, Culture & Black Joy Festival; Logan Avenue South 10 a.m. o Saturday, June 20—Juneteenth Celebration; Martin Luther King, Jr. Memorial Baptist Church; 12-5 p.m. o Saturday, June 20—Kent Juneteenth Celebration; Kent Morill Meadows Park; 10 a.m.-5 p.m. o Sunday, June 21 —Auburn Juneteenth Celebration; Les Gove Park in Kent; 10 a.m.-3 p.m. 9 of 154 • Congratulations to the 26 individuals who completed the Community Emergency Response Team (CERT)final drill last month. Thank you for the investment you made in taking the training, and your commitment to responding during disasters. For more information about upcoming CERT classes, please visit our website at www.rentonwa.gov/CERT. • 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 that she believed the police response to an incident described by a resident at the June 15, 2026, Council meeting was inadequate. She also stated that she had not received responses to inquires she sent to Councilmembers. • Daphne Baird, Renton, spoke about police statistics and asked for increased protection for the LGBTQIA+ community and those affected by Immigration, Customs, and Enforcement officers. • Diane Dobson, Renton, expressed appreciation for the Urban Forestry update but noted that not everyone wants trees planted in front of their homes. She asked that staff do additional public outreach about the program. • Tristen Kochen, Renton, provided several examples for creating additional spaces to plant trees. He recommended narrowing street lanes and repurposing some parking spaces to add trees. • Gabriel Dias, Renton, expressed support for additional LGBTQIA+ protections for residents.They cited the comments from a resident at the June 15, 2026, Council meeting and personal experience from working security at Pride events held across the region. • Gabrielle Weidling, Renton, stated that the public has no way of knowing if the FLOCK cameras are turned off and suggested placing bags over them. She also noted that the camera systems have not done much to prevent or solve crimes. 6. CONSENT AGENDA a) Approval of Council meeting minutes of June 8, 2026. Council Concur b) Community& Economic Development Department—Economic Development Division recommended execution of a Port of Seattle Tourism Marketing Support Program agreement to accept$20,000, with a $10,000 city match, proposed to be used for the Experience Renton: Influencer Series, a new tourism marketing campaign. Refer to Finance Committee c) Community& Economic Development Department—Planning Division recommended continued pooling of SHB 1406 sales tax credit funds with South King Housing and Homeless Partners (SKHHP) under the existing interlocal agreement, and to provide updates if there are changes to the SKHHP organization that might cause reconsideration of pooling the funds in the future. Re�f���tq54 Planning& Development Committee d) Human Resources and Risk Management Department requested approval of an ordinance adopting a revised 2026 salary table due to AFSCME Local 2170 salary adjustments previously approved by Council. Council Concur e) Parks & Recreation Department—Parks &Trails Division recommended adoption of a resolution authorizing application to the Washington State Recreation and Conservation Office (RCO)for a $500,000 VWVRP-Local Parks grant to support Northeast Renton Park Development. Refer to Finance Committee f) Executive Services Department recommended execution of a Bloomberg Harvard City Leadership Initiative Fellowship Participation and Grant Agreement, to accept $295,155 for reimbursement of costs related to the placement of a fellow within the department; and authorization to create a Limited-Term Employee (LTE) position of Management Analyst(salary grade N17)to be included with the 2026 second quarter budget adjustment. Refer to Finance Committee g) Public Works Department—Utility Systems Division submits CAG-24-098, contractor R.L. Alia Company, and recommends acceptance of the project and release of retainage after 60 days once all State releases have been obtained and all liens are legally cleared. Council Concur MOVED BY PEREZ, SECONDED BY MCIRVIN, COUNCIL ADOPT THE CONSENT AGENDAAS PUBLISHED. CARRIED. 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. �-} . - . This report was held in committee b) Utilities Committee: Chair Van presented a report recommending concurrence in the staff recommendation to authorize the Mayor and City Clerk to execute the agreement with Otak, Inc. in the amount of$222,267 for the design, bidding, and construction support services of 116t"Ave SE and Edmonds Way SE AC Water Main Replacement Project. MOVED BY VAN, SECONDED BYALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATON. CARRIED. 11 of 154 c) Utilities Committee: Chair Van presented a report recommending concurrence in the staff recommendation to authorize McLeodUSA Telecommunications Services, LLC (McLeodUSA)to allow co-location of Intermountain Infrastructure Group, LLC telecommunications facilities within McLeoudUSA's telecommunications conduits and other infrastructure.The Committee further recommends the resolution regarding this matter be presented for reading and adoption. MOVED BY VAN, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATON. CARRIED. d) Utilities Committee: Chair Van presented a report recommending concurrence in the staff recommendation to grant a ten (10)year telecommunications franchise to Intermountain Infrastructure Group, LLC. The Committee further recommends the ordinance regarding this matter be presented for reading and adoption. MOVED BY VAN, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATON. CARRIED. 8. LEGISLATION Resolution: a-} • • , , This resolution was held in committee. Ordinance for first reading: b) Ordinance No. 6194:An Ordinance of the City of Renton,Washington, amending the 2026 City of Renton salary table to reflect the July 1, 2026 salary grade adjustments agreed to in a May 20, 2026 memorandum of understanding between the City of Renton and AFSCME; providing for severability; and establishing an effective date. MOVED BY O'HALLORAN, SECONDED BY MCIRVIN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED. 9. NEW BUSINESS MOVED BY VAN, SECONDED BY RIVERA, COUNCIL REFER THE MATTER OF ann�c�T�w�i+ pRESSING CHARGES(FOR) I.C.E. (IMMIGRATION, CUSTOMS,AND ENFORCEMENT AGENTS)COMMITTING ILLEGAL ACTIVITIES TO THE ADMINISTRATION. ** 12 of 154 MOVED BY VAN, SECONDED BY RIVERA, COUNCIL AMEND THE MAIN MOTION BY STRIKING THE WORD ARRESTING AND INSERTING THE WORDS PRESSING CHARGES. * *MOTION CARRIED. **MAIN MOTION AS AMENDED CARRIED. MOVED BY O'HALLORAN, SECONDED BY RIVERA, COUNCIL DIRECT THE ADMINISTRATION TO NEGOTIATE AND RETURN TO COUNCIL A PROPOSED AGREEMENT WITH THE RENTON SCHOOL DISTRICT PROVIDING ONE-TIME READY-K PROGRAM FUNDING, NOT TO EXCEED$500,000, LIMITED TO THE 20226-2027 SCHOOL YEAR,TO MAINTAIN THE READY-K PROGRAMS AT HILLTOP HERITAGE AND TALBOT HILL ELEMENTARY SCHOOLS;AND TO INCLUDE ANY NECESSARYAPPROPRIATION IN THE NEXTAVAILABLE BUDGET. CARRIED. AYES: VAN, PEREZ, PRINCE, MCIRVIN, O'HALLORAN, RIVERA NAYES: ALBERSON 10. ADJOURNMENT MOVED BY PRINCE, SECONDED BYALBERSON, COUNCILADJOURN. CARRIED. TIME: 8:31 PM Jason A. Seth, MMC, City Clerk Jason Seth, Recorder Monday,June 15, 2026 13 of 154 Council Committee Meeting Calendar �, • � June 15, 2026 ��� . June 22, 2026 Monday 2:30 p.m. Community Services Committee, Chair Mclrvin Location: Council Conference Room/Videoconference 1. Henry Moses Aquatic Center Update 2. Emerging Issues in Parks & Recreation 3:30 p.m. Finance Committee, Chair O'Halloran Location: Council Conference Room/Videoconference 1. Port of Seattle's Tourism Marketing Support Program Grant Award 2. Application Authorization: Washington Wildlife and Recreation Program-Local Parks Grant to Support Northeast Renton Park Development 3. Bloomberg Harvard City Hall Fellow Grant Agreement and Limited-Term Management Analyst Position 4. Vouchers 5. Emerging Issues in Finance 4:15 p.m. Planning&Development Committee, Chair Prince Location: Council Conference Room/Videoconference 1. Arts &Culture Master Plan Update 2. Continued Pooling of SHB 1406 Sales Tax Credit Funds with South King Housing and Homeless Partners (SKHHP) 3. 2026 Title IV Docket#21 and Other New Work Program Items 4. Emerging Issues in CED 5:15 p.m. Committee of the Whole, Chair Perez Location: Council Chambers/Videoconference 1. Renton Downtown Partnership Update 2. 2027-2028 Budget Update 7:00 p.m. Council Meeting Location: Council Chambers/Videoconference 14 of 154 • SUBJECT/TITLE: Ordinance Declaring Utility Easement Surplus and Authorizing its Release, and Resolution Setting Public Hearing RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Community & Economic Development STAFF CONTACT: Amanda Free EXT.: 7369 . . . . • N/A � ' • � • The Corporation of the Catholic Archbishopship of Seattle ("Petitioner-Owner"), property owner of St Anthony's School at 336 Shattuck Ave S, has filed a petition requesting release of the utility easement reserved by Ordinance No. 4883 and recorded under King County Recording No. 20010117001672. Said ordinance vacated an alley located north of S 4th St and between Whitworth Ave S and Shattuck Ave S. The City had a wastewater main located within the utility easement area reserved by said ordinance. Petitioner-Owner has relocated the existing wastewater main and constructed a sewer main in the City's right-of-way. The new sewer main has completely replaced the existing wastewater main, and a Bill of Sale was granted to the City at no cost for the new sewer main facilities in the right-of-way. � • � � • Adopt the ordinance declaring the utility easement reserved by Ordinance No.4883 surplus to the City's needs and authorizing its release, and adoption of a resolution setting a public hearing on July 20, 2026,to consider the matter. 15 of 154 1 CITY OF RENTON,WASHINGTON ORDINANCE NO. AN ORDINANCE OFTHE CITY OF RENTON,WASHINGTON, DECLARING AN EXISTING UTILITY EASEMENT RESERVED BY ORDINANCE NO. 4883 SURPLUS TO THE CITY'S NEEDS; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND RECORD WITH KING COUNTY A RELEASE OF SAID EASEMENT; PROVIDING FOR SEVERABILITY;AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on December 18, 2000, City Council passed Ordinance No. 4883, recorded under King County Recording No. 20010117001672, vacating an alley located north of S 4th St and between Whitworth Ave S and Shattuck Ave S, subject to a utility easement reserved in favor of the City (the "Easement"), the legal description of which is attached hereto and incorporated bythis reference as ExhibitA; and WHEREAS, City Council elected to charge a fee of$27,500 for the alley vacation; and WHEREAS, the Easement encumbers seven (7) parcels, King County Parcel Nos. 7841300035, 7841300080, 7841300090, 7841300100, 7841300105, 7841300120 and 7841300125. The Corporation of the Catholic Archbishopship of Seattle, a Washington corporation sole ("Petitioner-Owner") is the owner of said parcels; and WHEREAS, Petitioner-Owner has relocated the existing wastewater main and constructed a sewer main in the City's right-of-way; and WHEREAS, the new sewer main in the City's right-of-waywill completely replace the wastewater main in the Easement area; and WHEREAS, pursuant to requirements of Chapter 9-1 of the Renton Municipal Code ("RMC"), on March 3, 2026, Petitioner-Owner filed a petition for release of the Easement 16 of 154 1 ORDINANCE NO. ("Petition") which was signed by owners of more than two-thirds (2/3) of the property affected bythe Easement; and WHEREAS, the Community and Economic Development Department ("CED"), in coordination with other City Departments and in compliance with the City's Policy & Procedure#100-12 related to Surplus Real Property, has identified the Easement as surplus to the City's needs; and WHEREAS,the City, after a news release and publication of a public notice for public hearing, did hold on July 20, 2026, a public hearing in accordance with RCW 35.94.040 to consider declaring the Easement surplus to the City's needs, and those members of the public who wished to testify were duly allowed to testify and the testimony was considered by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The facts and background of the Recitals are found to be accurate and true for the purposes of this Ordinance. SECTION II. Pursuant to RMC 9-1-4 the Easement is a Class B easement due to the City's expenditures to place and maintain a wastewater main. SECTION III. Pursuant to RMC 9-1-2.B Council hereby waives compensation for its release as the City has previously been compensated and affirms that the processing fee identified in the City Fee Schedule is required. SECTION IV. The Easement is hereby declared surplus to the needs of the City, and it is in the best interests of the public to release the Easement. 17 of 154 2 ORDINANCE NO. SECTION V.The Mayor and City Clerk are authorized to execute and record with King County a release of easement in a form the same or similar to that in Exhibit B, herein incorporated by this reference, along with a copy of this Ordinance. SECTION VI. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION VII. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BYTHE CITYCOUNCILthis dayof , 2026. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2026. Armondo Pavone, Mayor Approved as to form: Shane Moloney, CityAttorney Date of Publication: ORD-CED:260RD020:06.15.2026 18 of 154 3 CORE DESIGN, INC. Bothell WA 98011 Core Project No: 25294 02/12/2026 Exhibit "A" Legal Description — Easement To Be Released THAT PORTION OF LOTS 7 THROUGH 24, BLOCK 1, SMITHERS FIFTH ADDITION TO THE TOWN OF RENTON, RECORDED IN VOLUME 16 OF PLATS, PAGE 33, RECORDS OF KING COUNTY, WASHINGTON, SAID LOTS LYING WITHIN THE NW 1/4 OF THE SE 1/4, SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 E., W.M, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 15 OF SAID BLOCK 1; THENCE N01°21'46"E, ALONG THE EAST LINE OF LOTS 7 THROUGH 15 OF SAID BLOCK 1, A DISTANCE OF 355.99 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF THAT PORTION OF LAND DEDICATED TO THE CITY OF RENTON BY INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 20031008002219; THENCE S88°38'40"E, ALONG SAID SOUTHERLY LINE, 16.00 FEET TO THE WEST LINE OF SAID LOT 24; THENCE S01°21'46"W, ALONG THE WESTERLY LINE OF LOTS 16 THROUGH 24 OF SAID BLOCK 1, A DISTANCE OF, 355.99 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID LOT 16; THENCE N88°38'09"W 16.00 FEET TO THE POINT OF BEGINNING. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. CONTAINS 5,696± SQUARE FEET (0.1308± ACRES) 02/12/2026 ti`�-:�'A�'Z 4,ti�'_oF w`nsy�ti�� � F' - " c����. o . 2 . �'�� ,.f ;:� � ''. 24011140 `"� T •., �iP '��FG1S7T�R���-``J�V s��'�A L LAN�S�4 19 of 154 � ALLEY 4'DEDICATED PER REC.NO 20031008002219 �-----N- --------------------- � --}-N88°38'40"W 16.00 — — : I -- ----,;----F------------------------------------- i � LOT 7 � � LOT 24 N BLOCK 1 BLOCK 1 W 30' � Z ----------------------------------------- W Q LOT 8 LOT 23 Y BLOCK1 BLOCK1 U � � ----------------------------------------- !~— EASEMENT AREA TO BE RELEASED a LOT 9 LOT 22 = BLOCK1 BLOCK1 N --- --------------------------------------- LOT 10 LOT 21 BLOCK1 � BLOCK 1 SMITHERS 5TH ADD.VOL 16,PG 33 LOT 11 � � LOT 20 BLOCK 1 � � BLOCK 1 M C7 '__'__'__'_____'__'__'__'__'__'__'__'_'w W � �"'________________"________________' I � � LOT 12 0 o LOT 19 BLOCK1 z z BLOCK1 LOT13 LOT18 BLOCK1 BLOCK1 � ----------------------------------------- LOT14 LOT17 BLOCK 1 BLOCK 1 LOT15 LOT16 I BLOCK1 BLOCK1 i i � i POINT OF BEGINNING � -���-N88°38'09"W 16.00 0 " S 4TH STREET ST.ANTHONY'S PAGE Z�'�Y•wAN2�, EASEMENT RELEASE 4'•''oF "" J•�' N EXHIBIT'B' 1 OF 1 :�� �; .� a. F O' � 12100 NE 195th St,Suite 300 x� o Bothell, Washington 98011 •.,� � 40 �,•� O p� www.coredesigninc.com �•�' I s T E4,��'.•� SCALE: 1"=60' � �� 425.885.7877 ��'AL LA� 0 30 60 JOB NO_ 25294 2-12-26 20 of 154 EXHIBIT 6 FORM OF RELEASE OF EASEM ENT 21 of 154 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton,WA 98057 Release of Easement Parcel Numbers:7841300035,7841300080,7841300090,7841300100,7841300105,7841300120 and 7841300125 Project File#: PRM-26-0031 Street Intersection:S 4th St and Shattuck Ave S Reference Number(s)of Document(s)assigned or released: 20010117001672 Grantor�s): Grantee(s►: 1. City of Renton,a Municipal Corporation 1.Corporation of the Catholic Archbishopship of Seattle, a Washington Corporation sole The Grantor,as the owner of an easement acquired from Cityof Renton Ordinance No.4883 dated on 12/18/00 , recorded under King County Recording Number 20010117001672 of King County,State of Washington,over real property described below: q utilities easement encumbering the following described property: ABBREVIATED LEGAL DESCRIPTION: PORTION OF LOTS 7 THROUGH 24, BLOCK 1, SMITHERS FIFTH ADDITION TO THE TOWN OF RENTON, RECORDED IN VOLUME 16 OF PLATS, PAGE 33, RECORDS OF KING COUNTY,WASHINGTON, SAID LOTS LYING WITHIN THE NW 1/4 OF THE SE 1/4, SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 E.,W.M. SEE EXHIBIT A FOR FULL LEGAL DESCRIPTION AND EXHIBIT B FOR DEPICTION The CITY OF RENTON does hereby abandon and release the above described easement and all rights acquired under it. IN WITNESS WHEREOF,said City has caused this instrument to be executed by the Mayor and attested to by the City Clerk this day of ,20 MAYOR CITY CLERK Notary Seal must be within box STATE OF WASHINGTON )SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary(Print) My appointment expires: Dated: Page 1 of 1 22 of 154 CORE DESIGN, INC. Bothell WA 98011 Core Project No: 25294 02/12/2026 Exhibit "A" Legal Description — Easement To Be Released THAT PORTION OF LOTS 7 THROUGH 24, BLOCK 1, SMITHERS FIFTH ADDITION TO THE TOWN OF RENTON, RECORDED IN VOLUME 16 OF PLATS, PAGE 33, RECORDS OF KING COUNTY, WASHINGTON, SAID LOTS LYING WITHIN THE NW 1/4 OF THE SE 1/4, SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 E., W.M, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 15 OF SAID BLOCK 1; THENCE N01°21'46"E, ALONG THE EAST LINE OF LOTS 7 THROUGH 15 OF SAID BLOCK 1, A DISTANCE OF 355.99 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF THAT PORTION OF LAND DEDICATED TO THE CITY OF RENTON BY INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 20031008002219; THENCE S88°38'40"E, ALONG SAID SOUTHERLY LINE, 16.00 FEET TO THE WEST LINE OF SAID LOT 24; THENCE S01°21'46"W, ALONG THE WESTERLY LINE OF LOTS 16 THROUGH 24 OF SAID BLOCK 1, A DISTANCE OF, 355.99 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID LOT 16; THENCE N88°38'09"W 16.00 FEET TO THE POINT OF BEGINNING. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. CONTAINS 5,696± SQUARE FEET (0.1308± ACRES) 02/12/2026 ti`�-:�'A�'Z 4,ti�'_oF w`nsy�ti�� � F' - " c����. o . 2 . �'�� ,.f ;:� � ''. 24011140 `"� T •., �iP '��FG1S7T�R���-``J�V s��'�A L LAN�S�4 23 of 154 � ALLEY 4'DEDICATED PER REC.NO 20031008002219 �-----N- --------------------- � --}-N88°38'40"W 16.00 — — : I -- ----,;----F------------------------------------- i � LOT 7 � � LOT 24 N BLOCK 1 BLOCK 1 W 30' � Z ----------------------------------------- W Q LOT 8 LOT 23 Y BLOCK1 BLOCK1 U � � ----------------------------------------- !~— EASEMENT AREA TO BE RELEASED a LOT 9 LOT 22 = BLOCK1 BLOCK1 N --- --------------------------------------- LOT 10 LOT 21 BLOCK1 � BLOCK 1 SMITHERS 5TH ADD.VOL 16,PG 33 LOT 11 � � LOT 20 BLOCK 1 � � BLOCK 1 M C7 '__'__'__'_____'__'__'__'__'__'__'__'_'w W � �"'________________"________________' I � � LOT 12 0 o LOT 19 BLOCK1 z z BLOCK1 LOT13 LOT18 BLOCK1 BLOCK1 � ----------------------------------------- LOT14 LOT17 BLOCK 1 BLOCK 1 LOT15 LOT16 I BLOCK1 BLOCK1 i i � i POINT OF BEGINNING � -���-N88°38'09"W 16.00 0 " S 4TH STREET ST.ANTHONY'S PAGE Z�'�Y•wAN2�, EASEMENT RELEASE 4'•''oF "" J•�' N EXHIBIT'B' 1 OF 1 :�� �; .� a. F O' � 12100 NE 195th St,Suite 300 x� o Bothell, Washington 98011 •.,� � 40 �,•� O p� www.coredesigninc.com �•�' I s T E4,��'.•� SCALE: 1"=60' � �� 425.885.7877 ��'AL LA� 0 30 60 JOB NO_ 25294 2-12-26 24 of 154 CITY OF RENTON,WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, SETTING A PUBLIC HEARING DATE REGARDING DECLARING AN EXISTING UTILITY EASEMENT SURPLUS TO THE CITY'S NEEDS AND AUTHORIZING RELEASE OF SAID EASEMENT. WHEREAS, on December 18, 2000, City Council passed Ordinance No. 4883, recorded under King County Recording No. 20010117001672, vacating an alley located north of S 4th St and between Whitworth Ave S and Shattuck Ave S, subject to a utility easement reserved in favor of the City(the "Easement"); and WHEREAS, a petition was filed by the owner of the property, the Corporation of the Catholic Archbishopship of Seattle, a Washington corporation sole, with the City Clerk on or about March 3, 2026, pursuant to the requirements of RMC 9-1-1, petitioning for the release ofthe Easement.The petition was signed bythe owners of more than two-thirds(2/3) of the property affected by the Easement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I.That the 20th day of July, 2026, at the hour of 7:00 P.M., is hereby fixed as the date and time for a public hearing to consider the above-mentioned petition. SECTION II.The City Clerk is hereby authorized and directed to give notice of the time and date of the public hearing as provided in RCW 35.94.040, including instructions on accessingthe hearingvia Zoom, if applicable, and/or providing comment, and any and/or all persons interested therein or objecting to release of the Easement may then appear and be 25 of 154 1 RESOLUTION NO. heard, or they may file their written objections with the City Clerk at or prior to the time of public hearing. SECTION III. After the close of the public hearing, the City Council shall determine whether the Easement is surplus to the City's needs and if it is in the best interest of the public to be released. PASSED BYTHE CITYCOUNCILthis dayof , 2026. Jason A. Seth, City Clerk APPROVED BYTHE MAYOR this day of , 2026. Armondo Pavone, Mayor Approved as to form: Shane Moloney, CityAttorney RES-CED:26RES024:06.04.2026 26 of 154 2 �.�eP,-_�.� � �_�= �_ m»--_�.mr��—�wa— ----.�—..�m ,.�n =w�_ ..�, _, �—�� ___A�w_�__.�.���-�- � �..,�� �._ ,��. ---�.�� P�TI"l�l�i� �C�R RELC�S�C7F EAS�ME�V"I' 7'�the Honorable fl�ayor and ��snk���s e�f�h��"!�`,r�:��ss���l City of Renton 1055 S Grady Way Renton,WA 9�057 Dear n/layor and Cnuncil Members: - VVe,the undersi�ned owners�f the property affected by a certain portion of public easement, respectfully request the release of easement as described on the atfiached "Exhibit A"and depicted on the attached "Exhibit �",commonly known as: The alley located north of South 4th Street and between Whitworth and Shattuck Ave.S. (Insert ciosest cross streets and reference the street name,i.e.,NE Bog Street from Bicycle Alley to Slalom Avenue fVE.) `�- The easement created by City of Renton,Washington Ordinance No.48F33 Recorded under King County Recording Number: (attached as Exhibit D) V1/e request a time and place be fixed for a public hearing and for this petition to be heard by the City Council. Please see Public�enefiit Statement on the attached"Exhibit C". Of the owners of the property affecfied by this easement, 1a0 %(2/3 or more required)of the property affected by the easement have agreed and indicated their joining this petition with their signatures below: Property Owners 784130-0035;784130-0125;7841300120; 784130-0105; 784130-0100; __ _ _ _ _ _ ._._ _ _ __. _ __ __ _ __. __ Property Identification Number: 784130�0090;784130-0080 � � � � (First 10 digits of your 12-digit property tax account number) ..._�„ _ _ ____ ___-._ . Signatu�e ,, .. � x, _ � � � . �-,��� �. _ ,. �...� °g __�. _ _.� _ _ _ _ _: Name� Co p ation of the Catholic Archbishop of Seattle, a Washington corporation sole � __ ;___ _ , __.,_ _.___ ._� _ � _ _ _ __ __ _ __ _. , _ Address: •710 9th Ave > � ��:-. ,. .0 �r.x. ._ Ci ��:i; .:.Y r .�;�,r .,�. '. City: _ Seattle . State: WA Z�p�98104-2017 _ _ _ _ _ Phone: 206-274-3120 Email: accounting.department@seattlearch.org Property Owners _ _ _ _ _ Property Identification Number: � � _ _ s _ _ � _ � (First 10 digits of your 12-digit property tax account number) _ _ _ Signature: _ _ _ Narr�e: Addres�: �i�y: �da��: gaa: �s��;�:�. ���i�: 27 of 154 Page 1 of� PCl`I"("i(J1�1 9-t�� P,l��Es?��' t�1= �:�S�i�/s�l�l�' ICC��I�''C�) � ' Pe�e�6on�r �am�: - Garrett Benson, P.E. Address: 1300 114th Ave SE, Suite 1Q3 City: Stafie:WA Zip:98004 Bellevue Email: garrett.benson@sheahomes.com P�one: q25-450-7175 Company (if Shea Homes, Inc., a Delaware corporation applicable) AFFID�9/6T OF �►UT'HORIZAI'ION I, (Print Rlames(s) ��`���`n��% L-���� , declare that I am (please checl<one): � The current owner of the property involved in this petition _An authorized representative for the petitioners ' And that the foregoing statements and signatures herein contained and the information herewith are in all respects ' true�a,�d c. r,rect to the best of my knowledge and belief. ' 3 � � ����.,. � ���+,.+ '������ 6/"Y � �l (Signatu�r�of Owner/Representative)/Date ' DANIELLE TANIGUCHI ', NOtARY PUBIIC ' (Signature of Owner/Representative) / Date STATE OF WASHINGTON ' License Number 25020316 ' My Commissian Eay►ires May 01,2029 , STATE OF WASHINGTON ) ', ) SS ' COUNTY OF KING ) I certify that I know or have satisfactory evidence that ' �Ea.0..V1Y11�f? �;,�'��� signed this ' instrument and acknowledged it to be his�/their free and voluntary act for the uses and purposes mentioned in the ' instrument. ' ,�'' • ' � �i ' Notary Public in and for the state of Washington: �c�c..i�1 �-L I�. 1 �%�.� + �t�.�—�+ Notary Print Mya�pointmentexpires; '� Y �'`"I � ` '��"�'�t7 �_� ��b�ra��F�����i�� ���1 �i�9c������•s� , Rnr��r�r�C:ity Hall, Ciry GlerB<'s�F�ic�, 7t" Fl�r�r, 1055 S�rady Way, Rentcin, WA 9$057 28 of 154 page���f� CORE DESIGN, INC. Bothell WA 98011 Core Project No: 25294 02/12/2026 Exhibit "A" Legal Description — Easement To Be Released THAT PORTION OF LOTS 7 THROUGH 24, BLOCK 1, SMITHERS FIFTH ADDITION TO THE TOWN OF RENTON, RECORDED IN VOLUME 16 OF PLATS, PAGE 33, RECORDS OF KING COUNTY, WASHINGTON, SAID LOTS LYING WITHIN THE NW 1/4 OF THE SE 1/4, SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 E., W.M, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 15 OF SAID BLOCK 1; THENCE N01°21'46"E, ALONG THE EAST LINE OF LOTS 7 THROUGH 15 OF SAID BLOCK 1, A DISTANCE OF 355.99 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF THAT PORTION OF LAND DEDICATED TO THE CITY OF RENTON BY INSTRUMENT RECORDED UNDER KING COUNTY RECORDING NUMBER 20031008002219; THENCE S88°38'40"E, ALONG SAID SOUTHERLY LINE, 16.00 FEET TO THE WEST LINE OF SAID LOT 24; THENCE S01°21'46"W, ALONG THE WESTERLY LINE OF LOTS 16 THROUGH 24 OF SAID BLOCK 1, A DISTANCE OF, 355.99 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID LOT 16; THENCE N88°38'09"W 16.00 FEET TO THE POINT OF BEGINNING. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. CONTAINS 5,696± SQUARE FEET (0.1308± ACRES) 02/12/2026 ti`�-:�'A�'Z 4,ti�'_oF w`nsy�ti�� � F' - " c����. o . 2 . �'�� ,.f ;:� � ''. 24011140 `"� T •., �iP '��FG1S7T�R���-``J�V s��'�A L LAN�S�4 29 of 154 � ALLEY 4'DEDICATED PER REC.NO 20031008002219 �-----N- --------------------- � --}-N88°38'40"W 16.00 — — : I -- ----,;----F------------------------------------- i � LOT 7 � � LOT 24 N BLOCK 1 BLOCK 1 W 30' � Z ----------------------------------------- W Q LOT 8 LOT 23 Y BLOCK1 BLOCK1 U � � ----------------------------------------- !~— EASEMENT AREA TO BE RELEASED a LOT 9 LOT 22 = BLOCK1 BLOCK1 N --- --------------------------------------- LOT 10 LOT 21 BLOCK1 � BLOCK 1 SMITHERS 5TH ADD.VOL 16,PG 33 LOT 11 � � LOT 20 BLOCK 1 � � BLOCK 1 M C7 '__'__'__'_____'__'__'__'__'__'__'__'_'w W � �"'________________"________________' I � � LOT 12 0 o LOT 19 BLOCK1 z z BLOCK1 LOT13 LOT18 BLOCK1 BLOCK1 � ----------------------------------------- LOT14 LOT17 BLOCK 1 BLOCK 1 LOT15 LOT16 I BLOCK1 BLOCK1 i i � i POINT OF BEGINNING � -���-N88°38'09"W 16.00 0 " S 4TH STREET ST.ANTHONY'S PAGE Z�'�Y•wAN2�, EASEMENT RELEASE 4'•''oF "" J•�' N EXHIBIT'B' 1 OF 1 :�� �; .� a. F O' � 12100 NE 195th St,Suite 300 x� o Bothell, Washington 98011 •.,� � 40 �,•� O p� www.coredesigninc.com �•�' I s T E4,��'.•� SCALE: 1"=60' � �� 425.885.7877 ��'AL LA� 0 30 60 JOB NO_ 25294 2-12-26 30 of 154 Exhibit C— Statement of Public Benefit The existing utility easement for water, sewer, and storm drainage facilities is proposed to be released in connection with the relocation of the associated utility lines to the City's right of way. Relocating the utilities to the right of way will improve the City's access to the facilities for inspection, maintenance, repair, and replacement, and will enhance the long-term management of essential public infrastructure. While parce17841300015 (owned by Sweenco, LLC) and parce17841300005 (owned by S. 3rd Street Professional Building, LLC) may experience temporary service impacts during construction, the relocation will not result in any long-term interruption,reduction, or diminishment of utility service to those parcels or to the public. The petitioner will coordinate in good faith with the affected property owners to schedule any temporary service interruptions at times intended to minimize disruption to ongoing operations. Upon completion of the work, the utilities will continue to provide the same level of service as currently exists. Accordingly, release of the existing easement will not adversely affect the provision of public utility services and will facilitate orderly development while maintaining and improving access to critical infrastructure, thereby serving the public health, safety, and welfare. 31 of 154 CITY OF RENTON, WASHINGTON ' ORDINANCE NO. 4 8 8 3 ' AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING AN ALLEY, LOCATED NORTH OF SOUTH 4Tg STREET AND BETWEEN WHITWORTH AND SHATTUCK AVENUE SOUTH (ST. ANTHONY PARISH, VAC-00-001). WHEREAS, a proper petition for vacating an alley located north of South 4th Street and ' N � between Whitworth and Shattuck Avenue South, duly filed with the City Clerk on or about March � 0 0 22, 2000, and said petition having been signed by the owners representing more than two-thirds � � � (2/3) of the property abutting upon such street sought to be vacated; and 0 0 N WHEREAS, the City Council, by Resolution No. 3451 passed and approved on April 17, 2000, and after due investigation did fiY and determine the day of May 8, 2000, at the hour of 7:30 p.m. in the City Council Chambers of the City of Renton to be the time and place for a public ' hearing thereon, and the City Clerk having given due notice of such hearings in the inamier provided by law, and all persons having been heard appearing in favor or in opposition thereto, and the City Council having considered all information and arguments presented to it; and WHEREAS, the Board of Public Works of the City of Renton having duly considered said petition for said vacation, and having found same to be in the public interest and for the public benefit, and no injury or damage to any person or properties will result from such vacation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The following described alley, to wit: 1 32 of 154 ORDINANCE NO. 4 8 8 3 (The alley located north of South 4th Street and between Whitworth and Shattuck Ave. S.) See E�ibit "A" attached hereto and made a part hereof as if fully set forth ' herein be and the same is hereby vacated subject to an easement over, across, under and on all that ' portion as described on E�iibit "A" in favor of the City. This easement is for the purpose of N constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintaining � � o utilities and utility pipelines, including, but not limited to, water, sewer and storm drainage lines, 0 � � together with the right of ingress and egress thereto without prior institution of any suit or 0 .--� o proceedings of law and without incurring any legal obligation or liability therefor. The City may N from time to time construct such additional facilities as it ma.y require. This easement is subject to the following terms and conditions: ' That a utility easement be retained over the entire right-of-way, with the understanding that the property may be developed fully if the existing utilities are relocated at the sole cost of the developer; and ' That this easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. SECTION II. The City Council hereby elects to charge a fee of $27,500.00 (Twenty-Seven Thousand; Five Hundred Dollars) to the petitioner-owners, said amount being 50% of the City's appraised value of the right-of-way interest herein vacated, and such charge being reasonable and proper. 2 33 of 154 ORDINANCE NO. 4 8 8 3 SECTION III. This Ordinance shall be effective upon its passage, approval, and five days after its publication. ' A certified copy of this Ordinance shall be filed with the Office of Records and Elections, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this 18th day of December , 2000. N n � ' r-I O ' O ' I� w.,/ , —I 7r d`4° o Marilyn J. et en, City Clerk � 0 o ' N APPROVED BY THE MAYOR this 18 th day of December , 2000. Jes ��� anner, Mayor�� Approved as to form: Lawrence J. Warren, ' Attorney + Date of Publication: December 2 2 , 2 0 0 0 ORD.907:12/ll/OO:ma 3 34 of 154 EXHIBIT A Alley Vacation VAC 00-001 ' Legal Description � Beginning at the southwest come�of Lot 16, Block 1, Smither's Fifth Addition, according to the plat thereof recorded in Volume 16 af Plats, page 33, records of King County, Washington, thence northerly along the west line of Lots 16 through 24, of said Block 1 to the northwest ' corner of said Lot 24; ' Thence westerly across the alley to the northeast comer of Lot 7 of said Block 1; Thence southerly along the east line of Lots 7 through 15 of said Block 1 to the southeast corner � of said Lot 15; � ,-� o Thence easterly to the Point of Beginning. � � o Situate in the Southeast Quarter of Section 18, Township 23 North, Range 5 East, W.M., in King o County, Washington. ; 0 N ' 35 of 154 i ' I _ __ _ i ; , ; S 3rd Street � � # N £ n � t O f # _..-O ....._.� Y __. :....._...._._. ! /n : ............... .__,.� ; , ; ^ ... _ lJ J , .. � ! � r-i 0 � � I j � � 1� E � ._._.��.........�..._.,.....�.�__ � . ..._.__.v..,......._...».................. . ' ..... ........._,.........,.._..... .. i . . ......._.....�„ : O � � > _ _.._.........__......_w._._ � Q ___....__ .........� _ Q � _.__.... ; ' __._.,�._.. � �' U __.._,_..._....�._...._._�...._.. L- ` ' � ..__ € ............_ _.m.,... _..._.__.._._ , +� � ,� ,� �...__.. ....... ` ' _ ..___._.._ ; � � � _.�_....__..........._.W...._. � ...._......_..�.._....__.. {�} __,___...._..........__. _,..,..._.._... _____._.. � ' AIIe � S 4th Street � ! i __ _ w � _ � _ � , _ _�_._� _ ._ , __.. � \ � � n � n � �� Y O� Alley Vacation v �\� `��`+— U O I `��..'1 ♦ Tam Boyns, Technical Services � � �� ;-1 �- h3vc}#-1��}' � ��� � 04/05/2000 FN-�O CITY OF RENTON, WASHINGTON ' ORDINANCE NO. 4 8 8 3 ' AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING AN ALLEY, LOCATED NORTH OF SOUTH 4Tg STREET AND BETWEEN WHITWORTH AND SHATTUCK AVENUE SOUTH (ST. ANTHONY PARISH, VAC-00-001). WHEREAS, a proper petition for vacating an alley located north of South 4th Street and ' N � between Whitworth and Shattuck Avenue South, duly filed with the City Clerk on or about March � 0 0 22, 2000, and said petition having been signed by the owners representing more than two-thirds � � � (2/3) of the property abutting upon such street sought to be vacated; and 0 0 N WHEREAS, the City Council, by Resolution No. 3451 passed and approved on April 17, 2000, and after due investigation did fiY and determine the day of May 8, 2000, at the hour of 7:30 p.m. in the City Council Chambers of the City of Renton to be the time and place for a public ' hearing thereon, and the City Clerk having given due notice of such hearings in the inamier provided by law, and all persons having been heard appearing in favor or in opposition thereto, and the City Council having considered all information and arguments presented to it; and WHEREAS, the Board of Public Works of the City of Renton having duly considered said petition for said vacation, and having found same to be in the public interest and for the public benefit, and no injury or damage to any person or properties will result from such vacation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The following described alley, to wit: 1 37 of 154 ORDINANCE NO. 4 8 8 3 (The alley located north of South 4th Street and between Whitworth and Shattuck Ave. S.) See E�ibit "A" attached hereto and made a part hereof as if fully set forth ' herein be and the same is hereby vacated subject to an easement over, across, under and on all that ' portion as described on E�iibit "A" in favor of the City. This easement is for the purpose of N constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintaining � � o utilities and utility pipelines, including, but not limited to, water, sewer and storm drainage lines, 0 � � together with the right of ingress and egress thereto without prior institution of any suit or 0 .--� o proceedings of law and without incurring any legal obligation or liability therefor. The City may N from time to time construct such additional facilities as it ma.y require. This easement is subject to the following terms and conditions: ' That a utility easement be retained over the entire right-of-way, with the understanding that the property may be developed fully if the existing utilities are relocated at the sole cost of the developer; and ' That this easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. SECTION II. The City Council hereby elects to charge a fee of $27,500.00 (Twenty-Seven Thousand; Five Hundred Dollars) to the petitioner-owners, said amount being 50% of the City's appraised value of the right-of-way interest herein vacated, and such charge being reasonable and proper. 2 38 of 154 ORDINANCE NO. 4 8 8 3 SECTION III. This Ordinance shall be effective upon its passage, approval, and five days after its publication. ' A certified copy of this Ordinance shall be filed with the Office of Records and Elections, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this 18th day of December , 2000. N n � ' r-I O ' O ' I� w.,/ , —I 7r d`4° o Marilyn J. et en, City Clerk � 0 o ' N APPROVED BY THE MAYOR this 18 th day of December , 2000. Jes ��� anner, Mayor�� Approved as to form: Lawrence J. Warren, ' Attorney + Date of Publication: December 2 2 , 2 0 0 0 ORD.907:12/ll/OO:ma 3 39 of 154 EXHIBIT A Alley Vacation VAC 00-001 ' Legal Description � Beginning at the southwest come�of Lot 16, Block 1, Smither's Fifth Addition, according to the plat thereof recorded in Volume 16 af Plats, page 33, records of King County, Washington, thence northerly along the west line of Lots 16 through 24, of said Block 1 to the northwest ' corner of said Lot 24; ' Thence westerly across the alley to the northeast comer of Lot 7 of said Block 1; Thence southerly along the east line of Lots 7 through 15 of said Block 1 to the southeast corner � of said Lot 15; � ,-� o Thence easterly to the Point of Beginning. � � o Situate in the Southeast Quarter of Section 18, Township 23 North, Range 5 East, W.M., in King o County, Washington. ; 0 N ' 40 of 154 i ' I _ __ _ i ; , ; S 3rd Street � � # N £ n � t O f # _..-O ....._.� Y __. :....._...._._. ! /n : ............... .__,.� ; , ; ^ ... _ lJ J , .. � ! � r-i 0 � � I j � � 1� E � ._._.��.........�..._.,.....�.�__ � . ..._.__.v..,......._...».................. . ' ..... ........._,.........,.._..... .. i . . ......._.....�„ : O � � > _ _.._.........__......_w._._ � Q ___....__ .........� _ Q � _.__.... ; ' __._.,�._.. � �' U __.._,_..._....�._...._._�...._.. L- ` ' � ..__ € ............_ _.m.,... _..._.__.._._ , +� � ,� ,� �...__.. ....... ` ' _ ..___._.._ ; � � � _.�_....__..........._.W...._. � ...._......_..�.._....__.. {�} __,___...._..........__. _,..,..._.._... _____._.. � ' AIIe � S 4th Street � ! i __ _ w � _ � _ � , _ _�_._� _ ._ , __.. � \ � � n � n � �� Y O� Alley Vacation v �\� `��`+— U O I `��..'1 ♦ Tam Boyns, Technical Services � � �� ;-1 �- h4vc}#-1��}' � ��� � 04/05/2000 FN-�O • SUBJECT/TITLE: Change Order for Washington State Sales Tax(WSST)for the Renton Market and Piazza Park Project RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works STAFF CONTACT: Jeff Minisci, PW Facilities Director EXT.: 6643 . • . . • When Schuchart Corporation was awarded the contract in the amount of$6,424,546.00 for the Renton Market and Piazza Project, it did not include Washington State Sales Tax(WSST). The contract was awarded based on the bid amount only. Authorization is requested to amend the contract to incorporate the applicable Washington State Sales Tax, totaling$669,830.64.This change order does not increase the overall project budget and does not require any additional funding. � � • � • Sufficient funding has already been appropriated and budgeted for the full project cost including Washington State Sales Tax. This change order is solely intended to add the omitted sales tax amount to the contract. The Renton Market and Piazza Project were combined into a single construction contract but are funded through two separate GL accounts as outlined below. Washington State Sales Tax to be Added to Contract. CAG 25-016 Renton Market Project GL 316.220080.015.594.18.62.000 • 2025 WSST(10.3%): $194,903.02 based on the contract award amount of$1,892.262.36 • 2026 WSST(10.5%): $349,994.78 based on the contract award amount of$3,333,283.64 Total Renton Market WSST: $544,897.80 42 of 154 Piazza Project 1 GL 316.332090.020.594.76.63.002 • 2025 WSST(10.3%): $49,551.22 based on the contract award amount of$481,079.78 • 2026 WSST(10.5%): $75,381.62 based on the contract award amount of$717,920.22 Total Piazza Project WSST: $124,932.84 Total Washington State Sales Tax change order Request: $669,830.64 Funding for the $669,830.64 is available within the approved budget for each respective project and no additional budget adjustments are needed for this change order. � � • � � • Approve the Renton Market and Piazza Park WSST of 10.3%and 10.5%for 2025 and 2026 base contract amounts and authorize the Mayor and City Clerk to execute the Change Order No. 11. 43 of 154 2 • Public Works � Facilities Division CONTRACT NO: CAG-25-016 CO NO. 11 CONTRACT CHANGE ORDER (CO) PROJECT TITLE: Renton Market and Piazza Renovations TO: Schuchart Corparation (CONTRACTOR) The following mutually agreed to and Owner approved Change Order Proposal(s)are hereby incorporated by reference into the contract. Description Amount WSST 10.3%for 2025 Renton Market $ 194,903.02 WSST 10.5%for 2026 Renton Market $ 349,994.78 WSST 10.3%for 2025 Piazza $ 49,551.22 WSST 10.5%for 2026 Piazza $ 75,381.62 $ - $ - CONTRACT SUM: ❑ NO CHANGE ❑� INCREASE OF: $ 669,830.64 ❑ DECREASE (WASHINGTON STATE SALES TAX INCLUDED) CONTRACT TIME: ❑� NO CHANGE ❑ INCREASE OF: O ❑ DECREASE CALENDAR DAYS The foregoing amount covers everything required in connection with the change.All other provisions of the contract remain in full force and effect. CONTRACT SUMMARY(Internal Use Only) ORIGINAL CONTRACT SUM $ 6,424,546.00 PREVIOUS ADDITIONS/DELETIONS $ 297,560.97 PREVIOUS TOTAL $ 6,722,106.97 CHANGE AMOUNT THIS CHANGE ORDER $ 669,830.64 REVISED CONTRACT TOTAL $ 7,391,937.61 PERCENT TOTAL CHANGE FROM ORIGINAL 15.06% NOTICE TO PROCEED DATE July 29, 2025 PREVIOUS CONTRACT CALENDAR DAYS 250 PREVIOUS SUBSTANTIAL COMPLETION DATE April 5, 2026 REVISED CONTRACT CALENDAR DAYS THIS CHANGE ORDER 250 - -w°�„�a'a ea�a��m��,a�amaa�aAT��e��= CURRENT SUBSTANTIAL COMPLETION DATE April 5, 2026 William G Wheaton a '°" a�,ma�� Ross Liston r ��°��` � ^�P��e�� r,e ,^ � 3 26 2026 GBA Acknowledgement Date Contractor Acknowledgement Date The City of Renton hereby accepts the foregoing Change Order Proposal(s).This formal acceptance constitutes a Change to the contract only when authorizing signature is affixed. Invoices incorporating this Change Order constitute acceptance by the Contractor as total reimbursement due in connection with this Change Order. 44 of 154 AUTHORIZING SIGNATURE DATE • SUBJECT/TITLE: Renton Transportation Benefit District (RTBD) 2025 Annual Report RECOMMENDED ACTION: Council Concur DEPARTMENT: Public Works STAFF CONTACT: Jim Seitz, Transportation Systems Director EXT.: 7245 . . . . • There is no fiscal impact to the City by issuing the RTBD 2025 Annual Report. � � • � � The Renton Transportation Benefit District (RTBD)was created on August 14, 2023. The creation of the RTBD established the boundaries as the entire City of Renton as it currently existed or any adjustments to the boundaries in the future. In December of 2023 the City Council authorized the RTBD to collect one tenth of one percent sales tax for a period of 10 years. The RTBD began receiving sales tax receipts in April 2024. Revenues from this tax are to be dedicated for the purpose of ongoing transportation improvements that preserve, maintain, and as appropriate, construct or reconstruct the transportation infrastructure of the City of Renton. The RTBD is governed by the City of Renton Council. The TBD is operated under Ordinance 6115 & 6121 coded in RMC Chapter 5-7 Chapter 5-27 RENTON TRANSPORTATION BENEFIT DISTRICT Pursuantto 5-7-030 F— F. The RTBD Board shall issue an annual report, pursuant to the requirements of RCW 36.73.160(2). (Ord. 6115, 8-21-23; Ord. 6121, 10-9-23) By adopting and publishing the RTBD 2025 Annual Report the City Council acting as the RTBD Board is fulfilling this requirement. public. Pursuant to RCW 36.73.160(2). � • � � • Adopt the Renton Transportation Benefit District 2025 Annual Report and publish it for review by the public. Pursuant to RCW 36.73.160(2). 45 of 154 1 O � Armondo Pavone // Mayor Public Works // Martin Pastucha,Administrator RENTON TRANSPORTATION BENEFIT DISTRICT OFFICIAL NOTICE OF 2025 ANNUAL REPORT NOTICE IS HEREBY GIVEN that the City Council is issuing the Renton Transportation Benefit District 2025 Annual Report to the Renton residents. The Renton Transportation Benefit District (RTBD) was created on August 14, 2023. The creation of the RTBD established the boundaries as the entire City of Renton as it currently existed or any adjustments to the boundaries in the future. In December of 2023 the City Council authorized the RTBD to collect one tenth of one percent sales tax for a period of 10 years. Revenues from this tax are to be dedicated for the purpose of ongoing transportation improvements that preserve, maintain, and as appropriate, construct or reconstruct the transportation infrastructure of the City of Renton. The RTBD is governed by the City of Renton Council. The RTBD began receiving sales tax receipts in April 2024. 2025 FINANCIAL REPORT 2025 Financial Summary of the RTBD activity (as of 12/31/25): Sales Tax and Investment Income $4,415,913 Total Revenues $4.415.913 Street Overlay Program $804,323 116th Ave SE Sidewalk 362,550 Walkway Program 19,594 Total Expenditures $1.186.467 46 of 154 1055 S Grady Way, Renton,WA 98057 // rentonwa.gov Page 2 of 5 June 18, 2026 2026 TBD FUNDED PROJECTS Below are the projects scheduled to utilize RTBD funding in 2026: STREET OVERLAY PROGRAM Scope: This program funds resurFacing and other pavement preservation treatments for city streets and alleyways. In 2024 and 2025, this program provided for the application of Type II slurry seal across 12.2 miles at over 100 sites across Renton and design work for the annual pavement preservation program. The 2026 Overlay Program delivers 5.7 miles of slurry seal applications and 2.41 miles of asphalt overlay. The major items of work include the removal of the top layer of existing asphalt, subbase repairs, the placement of new hot-mix-asphalt pavement, and the installation of new roadway markings. Schedule: Design and Construction is scheduled to be completed in 2026. TBD Funding: $3,954,998 (design and construction) .� � o, �f, ,-, .� t , � � �, �, � y , �,a� , �,j�• ' � ,� �Y��x�" �„ ��;.� � ,, _ ��t� �� _ ;� ^� This picture shows Doolittle �-'; � " ���^ �. Construction using a �r l �;� � ''� 'Y specialized truck to pour slurry /1 �,f '�� r` ii `.�_. - I ��,���r��•�. � . seal over the road surface. t =� �. :.� . i- �- . � �Nw 'I �+;� ��'' +� _-----•• _ F.,�, �� . - � - E�a �e � ,.�� t iN�� 1 . �_,. .�� 47 • o � � 1055 S Grady Way, Renton,WA 98057 // rentonwa.gov . Page 3 of 5 June 18, 2026 : ;�. . ` �t:� ��.. : �' .�<. , t f �r 2.:_� «�, � '``'''� , � -. �.,� �>, . r FY �,',_`��r- `:,, �°� ,i� After the mixture is poured onto :`,`�,�:-�~•�-: • r � #t' - the road surface, workers use `=` �`'�� �... � '" . -.. <' squeegees to spread it evenly. - � -�. � - :',� _;+t• ;�`J. ~ `'''�„ ' � �.,,� ._i. �_-�;., _ �.-. ��- -- a ':��:> z . i.. ,'Y..:Y E -. �-.t _ ," .!1- �-: '� -�. „_.�4_' .- "_ 1.�., .,�'lie..a. _ 116T" AVE SE SIDEWALK PROJECT Scope: This project will install sidewalk, curb and gutter, drainage, curb ramps, and rectangular rapid flashing beacon (RRFB) crossings along 116t" Ave SE from SE 162nd St to S E 160t" St. Schedule: Construction is scheduled to be completed in 2026. TBD Funding: $637,450 (Construction) � , , � � �3`:�� This picture shows the _�� � �� � <� � �e`�' �", � �� �, . �� '��� ��,�;, };��� _ �°� ��!� existing conditions along �,,.� �� �5 '. - _.- , w`_-- -'w�_���� 116t"Ave SE. Sidewalk ::.� �-. =_- _ ' �rt��-'�""""'--�--� will be installed and the _ ,� �- ' ` " ditch on the left will be � - � � � � .;����=��i��l;�� ��--������ � �����,�- ��-�� ���� � replaced with a piped _ _ ��' ,,,� stormwater drainage _ x �� � �a � � _ � ��� system. � � : ." . .,�_ _ � - ;; x,:_ ��: �_'�" , �F� � �'� .-�;� ¢���' 48 • o � � 1055 S Grady Way, Renton,WA 98057 // rentonwa.gov . O � Armondo Pavone // Mayor NE 24t" STREET SIDEWALK PROJECT Public Works // Martin Pastucha,Administrator Scope: This project will install sidewalk, curb and gutter, drainage, curb ramps, streetlights and bulb-outs along NE 24t" Street from Aberdeen Avenue NE to Blaine Avenue NE. Schedule: Design is scheduled to be completed in 2026 with construction scheduled to be completed in 2027. TBD Funding: $200,000 (design) TALBOT ROAD SOUTH WALKWAY PROJECT Scope: The scope of work for the project will be defined in 2026 with the goal of providing pedestrian and bicycle access to the Cleavland-Richardson Park which is currently being designed. Schedule: Planning/pre-design work is scheduled to be completed in 2026 with design beginning in 2027. Scheduling of construction will be coordinated with the construction of the new park. TBD Funding: $250,000 (planning, design) SARTORI TRAFFIC SAFETY IMPROVEMENTS Scope: The work includes signage, channelization, and signal upgrades to enhance pedestrian safety and functionality of the streets and intersections around Sartori Elementary School. Schedule: Design and construction is scheduled to be completed in 2026. TBD Funding: $245,000 (design, construction) WALKWAY PROGRAM Scope: This program provides for the design and construction of non-motorized transportation facilities for pedestrians. The TBD funding identified below will be used for projects identified in the City Comprehensive Walkway Plan. Schedule: Varies. TBD Funding: $3,951,517 (planning, design, construction) 49 of 154 1055 S Grady Way, Renton,WA 98057 // rentonwa.gov Page 5 of 5 June 18, 2026 50 • o � � 1055 S Grady Way, Renton,WA 98057 // rentonwa.gov . RENTON TRANSPORTATION BENEFIT DISTRICT OFFICIAL NOTICE OF 2025 ANNUAL REPORT NOTICE IS HEREBY GIVEN that the City Council is issuing the Renton Transportation Benefit District 2025 Annual Report to the Renton residents. The Renton Transportation Benefit District (RTBD) was created on August 14, 2023. The creation of the RTBD established the boundaries as the entire City of Renton as it currently existed or any adjustments to the boundaries in the future. In December of 2023 the City Council authorized the RTBD to collect one tenth of one percent sales tax for a period of 10 years. Revenues from this tax are to be dedicated for the purpose of ongoing transportation improvements that preserve, maintain, and as appropriate, construct or reconstruct the transportation infrastructure of the City of Renton. The RTBD is governed by the City of Renton Council. The RTBD began receiving sales tax receipts in April 2024. The full 2025 RTBD report can be viewed at http//rentonwa._qov/public notices Jason A. Seth, City Clerk Published: Seattle Times: June, 2026 51 of 154 • SUBJECT/TITLE: Bid Award CAG-26-096 PRV Station #1 Rehabilitation Project RECOMMENDED ACTION: Council Concur DEPARTMENT: Public Works STAFF CONTACT: Jeremey Valdez, Water Utility Engineer EXT.: 7210 . • . . � The low bid submitted by CR Construction, LLC, in the amount of$541,885.37 is above the engineer's estimate of $481,553.48 by $60,331.90 or 12.5%. The approved 2026 Capital Improvement Program budget including the first quarter budget adjustment for this project is $1,357,400.19 (account number 425.455535). Adequate funding is available to award the construction contract. � • • � • The bid opening for this project was held on May 20, 2026. Five bids were received and are summarized below in ascending order: CR Construction, LLC $541,885.37 Raudenbush Earthworks, LLC $573,975.68 Kar-Vel Construction, Inc. $619,507.20 Western United Civil Group, LLC $667,803.44 NW Cascade, Inc. $674,793.67 The project consists of replacing the existing Pressure Reducing Valve (PRV) Station No. 1, located at Taylor Avenue NW and Stevens Avenue NW. As part of a comprehensive condition assessment of the 50 PRV stations within the water distribution system, PRV No. 1 was identified as the highest priority for replacement. PRV No. 1 was originally constructed in 1983. The station exhibits significant deficiencies, including corrosion of piping and valves, inadequate safety access and operator clearance, undersized relief valves, limited vehicular access for maintenance activities, and conflicts with vehicular traffic. These deficiencies adversely affect the station's operational reliability, maintainability, and safety, warranting its replacement. CR Construction, LLC has been registered as a general contractor since March 2012. The firm's owner and foreman have successfully managed and completed comparable public works pro�fi15f4iese projects included site grading and utility work for Terminal 5 S Building and Terminal 5 N Building in the 1 Port of Seattle, and the Transit Vehicle Storage Facility in the City of Everett, which included the construction of a PRV station for the water system. Determination of responsive bid and responsible bidder Water Utility staff have reviewed all submitted bids and determined that the bid submitted by CR Construction, LLC is responsive to the bidding requirements. Staff further determined that CR Construction, LLC meets the requirements of a responsible bidder as defined in RCW 39.04.350, City of Renton Policy 250-02, and Section 1-02.14 of the project specifications. References provided by the bidder were verified, and confirmed the firm's experience, qualifications, and ability to successfully complete the project. There were no irregularities identified in the low bid, there was more than one bid received, and sufficient funding is available for contract award. Evaluation of bid protest by Raudenbush Earthworks, LLC. The city received a bid protest from Raudenbush Earthworks, LLC, the second-lowest bidder, alleging that CR Construction, LLC failed to identify the subcontractor responsible for rebar installation. City staff reviewed the protest and the applicable procurement requirements and determined that the omission does not render the bid nonresponsive. Pursuant to RCW 39.30.060, submission of a subcontractor list is not required for public works contracts with an estimated value of less than $1,000,000. Accordingly, the protest lacks a legal basis and does not affect the responsiveness of CR Construction, LLC's bid. � � � � � Award construction contract CAG-26-096, PRV Station #1 Rehabilitation Project, to the lowest responsive and responsible bidder, CR Construction, LLC in the amount of$541,885.37 and authorize the Mayor and City Clerk to execute the contract. 53 of 154 2 PROJECT: PRV STATION#1 REHABILITATION PROJECT CAG-26-096 BID OPENING DATE: 05/20/2026 City of Renton Engineer's Estimate CR Construction,LLC Raudenbush Earthworks,LLC Kar-Vel Construction Inc Western Univted Civil Group,LLC NWCascade,Inc BID OPENING TIME: 3:00 PM Item No. Description Unit Quantity Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount Bid Schedule 1 Mobilization and Demobilization(10%Maximum of Total Bid Pre-Tax) Lump Sum 1 $ 39,620.00 $ 39,620.00 $35,000.00 $35,000.00 $41,000.00 $41,000.00 $56,000.00 $56,000.00 $60,000.00 $60,000.00 $61,000.00 $61,000.00 2 Cosntruction Surveying,Staking,&As-Built Drawings Lump Sum 1 $ 7,800.00 $ 7,800.00 $8,750.00 $8,750.00 $7,900.00 $7,900.00 $10,000.00 $10,000.00 $20,000.00 $20,000.00 $10,000.00 $10,000.00 3 Clearing and Grubbing Lump Sum 1 $ 5,000.00 $ 5,000.00 $10,695.00 $10,695.00 $20,000.00 $20,000.00 $5,000.00 $5,000.00 $20,000.00 $20,000.00 $18,000.00 $18,000.00 4 Removal and Replacement of Unsuitable Foundation Material Ton 10 $ 40.00 $ 400.00 $314.00 $3,140.00 $85.00 $850.00 $70.00 $700.00 $360.00 $3,600.00 $115.00 $1,150.00 5 Remove and Replace Concrete Curb and Gutter Linear Foot 20 $ 100.00 $ 2,000.00 $206.00 $4,120.00 $250.00 $5,000.00 $125.00 $2,500.00 $138.00 $2,760.00 $215.00 $4,300.00 6 Remove and Replace Concrete Sidewalk Square Yard 11 $ 150.00 $ 1,650.00 $400.00 $4,400.00 $545.00 $5,995.00 $300.00 $3,300.00 $605.00 $6,655.00 $411.00 $4,521.00 7 Abandon Existing Water Main Lump Sump 1 $ 5,000.00 $ 5,000.00 $18,260.00 $18,260.00 $4,500.00 $4,500.00 $8,000.00 $8,000.00 $15,000.00 $15,000.00 $5,000.00 $5,000.00 8 Decommission and Abandon Existing PRV 1 Station Lump Sum 1 $ 20,000.00 $ 20,000.00 $8,705.00 $8,705.00 $6,000.00 $6,000.00 $12,000.00 $12,000.00 $25,000.00 $25,000.00 $19,700.00 $19,700.00 9 Concrete for Thrust Blocking and Dead Man Anchors Cubic Yard 10 $ 400.00 $ 4,000.00 $1,000.00 $10,000.00 $350.00 $3,500.00 $225.00 $2,250.00 $800.00 $8,000.00 $1,150.00 $11,500.00 10 Quarry Spalls for Extension of Ditch Line Ton 20 $ 50.00 $ 1,000.00 $153.00 $3,060.00 $150.00 $3,000.00 $45.00 $900.00 $315.00 $6,300.00 $130.00 $2,600.00 11 Connect to Existing Water Main Each 5 $ 7,000.00 $ 35,000.00 $2,978.00 $14,890.00 $6,500.00 $32,500.00 $2,000.00 $10,000.00 $3,500.00 $17,500.00 $5,500.00 $27,500.00 12 12"x10"Tapping Tee and Valve Assembly Each 1 $ 8,000.00 $ 8,000.00 $19,847.00 $19,847.00 $15,500.00 $15,500.00 $16,000.00 $16,000.00 $12,000.00 $12,000.00 $15,000.00 $15,000.00 13 Fire Hdyrant Complete Assembly Each 1 $ 10,000.00 $ 10,000.00 $15,810.00 $15,810.00 $11,500.00 $11,500.00 $16,000.00 $16,000.00 $12,000.00 $12,000.00 $9,000.00 $9,000.00 14 Pressure Reducing Valve(PRV 1)Station 8"x 3" Lump Sum 1 $ 130,000.00 $ 130,000.00 $105,414.00 $105,414.00 $158,000.00 $158,000.00 $190,000.00 $190,000.00 $121,000.00 $121,000.00 $131,000.00 $131,000.00 15 DI Pipe for Water Main,8-In.Diam.Class 52,Restrained Joint-Fittings witY Linear Foot 80 $ 180.00 $ 14,400.00 $238.00 $19,040.00 $355.00 $28,400.00 $290.00 $23,200.00 $160.00 $12,800.00 $186.00 $14,880.00 16 DI Pipe for Water Main,10-In.Diam.Class 52,Restrained Joint-Fittings wi Linear Foot 110 $ 220.00 $ 24,200.00 $272.50 $29,975.00 $385.00 $42,350.00 $370.00 $40,700.00 $350.00 $38,500.00 $337.00 $37,070.00 17 8"Gate Valve Assembly Each 3 $ 3,500.00 $ 10,500.00 $3,150.00 $9,450.00 $3,500.00 $10,500.00 $3,000.00 $9,000.00 $3,000.00 $9,000.00 $3,150.00 $9,450.00 18 10"Gate Valve Assembly Each 2 $ 4,000.00 $ 8,000.00 $4,795.50 $9,591.00 $5,000.00 $10,000.00 $4,600.00 $9,200.00 $4,500.00 $9,000.00 $4,475.00 $8,950.00 19 Extra DI Fittings Pounds 1000 $ 4.00 $ 4,000.00 $10.00 $10,000.00 $4.00 $4,000.00 $0.01 $10.00 $15.00 $15,000.00 $6.75 $6,750.00 20 Crushed Surfacing Top Course Ton 31 $ 45.00 $ 1,395.00 $296.00 $9,176.00 $90.00 $2,790.00 $60.00 $1,860.00 $132.00 $4,092.00 $130.00 $4,030.00 21 Gravel Borrow for Trench Backfill Ton 72 $ 40.00 $ 2,880.00 $28.00 $2,016.00 $50.00 $3,600.00 $60.00 $4,320.00 $125.00 $9,000.00 $95.00 $6,840.00 ZZ HMA CL 1/2-Inch PG 58H-22 for Final Trench Patch Ton 60 $ 225.00 $ 13,500.00 $ 275.00 $16,500.00 $250.00 $15,000.00 $265.00 $15,900.00 $315.00 $18,900.00 $335.00 $20,100.00 23 HMA CL 1/2-Inch PG 58H-22 for Overlay Ton 62 $ 225.00 $ 13,950.00 $ 275.00 $17,050.00 $400.00 $24,800.00 $400.00 $24,800.00 $520.00 $32,240.00 $461.00 $28,582.00 24 Erosion and Sedimentation Control Lump Sum 1 $ 5,500.00 $ 5,500.00 $ 2,660.00 $2,660.00 $1,500.00 $1,500.00 $10,000.00 $10,000.00 $2,500.00 $2,500.00 $11,000.00 $11,000.00 25 Traffic Control Lump Sum 1 $ 24,000.00 $ 24,000.00 $ 58,200.00 $58,200.00 $16,500.00 $16,500.00 $35,000.00 $35,000.00 $65,000.00 $65,000.00 $100,000.00 $100,000.00 26 Trench Safety Systems Lump Sum 1 $ 7,500.00 $ 7,500.00 $ 5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $10,000.00 $10,000.00 $1,500.00 $1,500.00 Z� Site Specific Utility Potholing Each 5 $ 1,200.00 $ 6,000.00 $ 1,047.00 $5,235.00 $750.00 $3,750.00 $300.00 $1,500.00 $1,500.00 $7,500.00 $1,250.00 $6,250.00 Z$ Pavement Marking Restoration Lump Sum 1 $ 3,000.00 $ 3,000.00 $ 770.00 $770.00 $7,500.00 $7,500.00 $2,500.00 $2,500.00 $6,000.00 $6,000.00 $1,000.00 $1,000.00 29 General Restoration&Cleanup Lump Sum 1 $ 2,500.00 $ 2,500.00 $ 8,640.00 $8,640.00 $3,500.00 $3,500.00 $20,000.00 $20,000.00 $10,000.00 $10,000.00 $9,000.00 $9,000.00 30 Minor Changes Estimate 1 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 Subtotal Bid Sched $ 435,795.00 $490,394.00 $519,435.00 $560,640.00 $604,347.00 $610,673.00 Sales Tax 10.5% $ 45,758.48 $ 51,491.37 $ 54,540.68 $ 58,867.20 $ 63,456.44 $ 64,120.67 Total Bid Schedul $ 481,553.48 $ 541,885.37 $ 573,975.68 $ 619,507.20 $ 667,803.44 $ 674,793.67 *Corrected for mathematical errors. 54 of 154 CITY OF RENTON BID TABULATION SHEET Project: PRV Station 1 Rehabilitation Project-CAG-26-096 Due Date: May 20,2026 at 2:00 pm Opening Date: May 20, 2026 at 3:00 pm by ZOOM Bid Total from Bidder Schedule of Prices *Includes Sales Tax CR Construction 1 45127 SE 140th Street � ��� � C,C,� b � North Bend,WA 98045 / Kar-Vel Construction 2 P.O. Box 58275 J � �� �� �� � l Renton, WA 98058 � � Northwest Cascade, Inc. �� O� � r � 3 P,.O. Box 73399 � ��� � � Puyallup, WA 98373 Raudenbush Earthworks 4 13108 155th Lane SE �� � � �Sr, � � Rainier,WA 98576 ' Western United Civil Group, LLC � � �/ � `\ � �( � 5 P.O. Box 236 U 7 Yacolt,WA 98675 Engineer's Estimate $481,553.48 55 of 154 Bidder Assessment PRV Station 1 Rehabilitation Project CAG26-096 Bid Opening:May 20,2026 Bidder: CR Construction, LLC L&I Doing Business As(DBA):CR Construction,LLC WA UBI No.:603-179-791 License No.:CRCONCL881DG Entity Type:WA Profit Corporation City Special Provisions 1-02.13 Irregular Proposals Item Description Determination Criteria Met 1. A Proposal will be considered irregular and will be rejected if: (Per Below) 1.a. The bidder is not prequalified when so required; Not required for this project. 1.b. The authorized proposal form furnished by the Contracting Agency is not used or is altered. Authorized proposal form used. 1.c. The complete proposal form contains any unauthorized additions,deletions,alternate bids,or conditions; No edits to proposal conditions. 1.d. The bidder adds provisions reserving the right to reject or accept the award,or enter into the Contract; No edits to proposal conditions. 1.e. A price per unit cannot be determined from the bid proposal; Price per unit clearly identified. Proposal form submitted with bid. 1.f. The proposal form is not properly executed; Signed by Sara Slatten,President. Not required for bid less than 1.g. The Bidder fails to submit or properly complete a Subcontractor list,if applicable,as required in Section 1-02.6. $1,000,000 The bidder fails to submit or properly complete a Disadvantaged,Minority or Women's Business Enterprise 1.h. Not applicable Certification,if applicable,as required in Section 1-02.6;or Bid does constitute as definite and 1.i. The bid proposal does not constitute a definite and unqualified offer to meet the material terms of the bid invitation. unqualified offer. 1.j. More than one proposal is submitted for the same project from a Bidder under the same or different names. One proposal submitted. 2025 WSDOT Standard Specifications 1-02.13 Irregular Proposals Item Description Determination 2. A Proposal may be considered irregular and may be rejected if: Criteria Met (Per Below) 2.a. The Proposal does not include a unit price for every Bid item. Unit price included for every bid item. Any of the unit prices are excessively unbalanced(either above or below the amount of a reasonable Bid)to the All unit prices considered reasonable 2.b. potential detriment of the Contracting Agency; and balanced. 2.c. The authorized Proposal Form furnished by the Contracting Agency is not used or is altered; Proposal form submitted with bid. Si ned b Sara Slatten President. 2.d. The completed Proposal form contains any unauthorized additions,deletions,alternate Bids,or conditions; No edits to proposal conditions. Not applicable-No addendum was 2.e. Receipt of Addenda is not acknowledged; issued A member of a joint venture or partnership and the joint venture or partnership submit Proposals for the same project No evidence that members of a joint 2.f. venture or partnership submitted (in such an instance,both Bids may be rejected);or multiple proposals. Proposal form entries made in ink with 2.g. If the Proposal form entried are not made in ink. pdf format. 56 of 154 CAG-24-060 Bidder Assessment(May 2024) Page 1 of 4 Bidder Assessment PRV Station 1 Rehabilitation Project CAG26-096 Bid Opening:May 20,2026 Bidder: CR Construction, LLC L&I Doing Business As(DBA):CR Construction,LLC WA UBI No.:603-179-791 License No.:CRCONCL881DG Entity Type:WA Profit Corporation City Special Provisions 1-02.14 Disqualification of Bidder Item DESCRIPTION Determination A Bidder will be deemed not responsible and the proposal rejected if the bidder does not meet the responsibility Criteria Met 1. criteria in RCW 39.04.350. (Per Below) RCW 39.04350 �1� Before award of a public works contract a bidder must meet the following responsibility criteria to be considered a Criteria Met responsible bidder and qualified to be awarded a public works project.The bidder must: (Per Below) YES L&IAcctID: (1)(aJ At the time of bid submittal,have a certificate of registration in compliance with chapter 18.27 RCW,• 231,644-00 Account is CURRENT (1)(bJ Have a current state unified business identifier number,� 603-179-791 On May 29,2026,City staff contacted the Washington State Department of Labor&Industries(L&I)to verify the contractor's workers'compensation accountstatus because current information was not available on the L&I website. On June 1,2026,at 10:00 a.m.,the City notified the contractor that their bid does not meet the bidder If applicable,have industrial insurance coverage for the bidder's employees working in Washington as required in responsibility criteria set forth in RCW (1J(cJ 39.04.350(1)(c)and thatthey have 2 Title 51 RCW,• daysto appealthe determination and to provide supporting documentation. On June 1,2026,at 10:34 a.m.,the contractor provided documentation from L&I confirming that its account was in compliance with L&I requirements.This documentation was submitted within the two business-day appeal period provided in the City's notice of bidder responsibility determination. No debarments have been issued (1)(dJ Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3J; against this contractor er L&I. If bidding on a public works project subject to the apprenticeship utilization requirements in RCW 39.04.320,not have (1J(eJ been found out of compliance by the Washington state apprenticeship and training council for working apprentices out N/A for this project(Excempt from this of ratio,without appropriate supervision,or outside their approved work processes as outlined in theirstandards of requirement as well per L&I) apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the date of the bid solicitation; 57 of 154 CAG-24-060 Bidder Assessment(May 2024) Page 2 of 4 Bidder Assessment PRV Station 1 Rehabilitation Project CAG26-096 Bid Opening:May 20,2026 Bidder: CR Construction, LLC L&I Doing Business As(DBA):CR Construction,LLC WA UBI No.:603-179-791 License No.:CRCONCL881DG Entity Type:WA Profit Corporation Have received training on the requirements related to public works and prevailing wage under this chapter and chapter 39.12 RCW.The bidder must designate a person or persons to be trained on these requirements.The training must be provided by the department of labor and industries or by a training provider whose curriculum is approved by the department.The department,in consultation with the prevailing wage advisory committee,must determine the 1 len th o the trainin Bidders that have com leted three or more ublic works ro ects and have had a valid business Exempt from this requirement � ��f� g f g' p p p � per L&I. license in Washington for three or more years are exempt from this subsection.The department of labor and industries must keep records of entities that have satisfied the training requirement or are exempt and make the records available on its web site.Responsible parties may rely on the records made available by the department regarding satisfaction of the training requirement or exemption;and Within the three-year period immediately preceding the date of the bid solicitation,not have been determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil No lawsuits against the bond or savings (1)(gJ accounts during the previous 6 year judgment entered by a court of limited or general jurisdiction to have willfully violated,as defined in RCW 49.48.082, period per L&I. any provision of chapter 49.46,49.48,or 49.52 RCW. Before award of a public works contract a biddershall submit to the contracting agency a signed statement in �2� accordance with chapter 5.50 RCW verifying under penalty of perjury that the bidder is in compliance with the Form submitted with bid.Signed by responsible bidder criteria requirement of subsection(1J(gJ of this section.A contracting agency may award a contract Signed by Sara Slatten,Owner. in reasonable reliance upon such a sworn statement. 2. A bidder may be deemed not responsible and the proposal rejected if: Criteria Met (Per Below) 2.a. More than one proposal is submitted for the same project from a bidder under the same or different names; One proposal submitted. Evidence of collusion exists with any other bidder or potential bidder. Participants in collusion will be restricted from 2.b. No evidence of collusion. submitting further bids; The bidder,in the opinion of the Contracting Agency,is not qualified for the Work or to the full extent of the bid,or to 2.c. the extent that the bid exceeds the authorized prequalification amount as may have been determined by a Bidder considered to be qualified. prequalification of the bidder; 58 of 154 CAG-24-060 Bidder Assessment(May 2024) Page 3 of 4 Bidder Assessment PRV Station 1 Rehabilitation Project CAG26-096 Bid Opening:May 20,2026 Bidder: CR Construction, LLC L&I Doing Business As(DBA):CR Construction,LLC WA UBI No.:603-179-791 License No.:CRCONCL881DG Entity Type:WA Profit Corporation An unsatisfactory performance record exists based on past or current Contracting Agency Work or for Work done for others,as judged from the standpoint of conduct of the Work;workmanship;progress;affirmative action;equal No evidence of unsatisfactory 2.d. employment opportunity practices;or Disadvantaged Enterprise,Minority Enterprise,or Women's Business Enterprise performance. utilization; There is uncompleted Work(Contracting Agency or otherwise)which might hinder or prevent the prompt completion 2.e. No evidence of uncompleted work. of the Work bid upon; 2.f. The bidder failed to settle bills for labor or materials on past or current contracts; No evidence of unsettled bills. The bidder has failed to complete a written public contract or has been convicted of a crime arising from a previous No evidence of failure to complete a z�g� publiC Contratt; public contract. No evidence of inability to perform the 2.h. The bidder is unable,financially or otherwise,to perform the Work; Work. Meets current requirements 2.i. A bidder is not authorized to do business in the State of Washington(not registered in accordance with RCW 18.27); per L&I. The Bidder owes delinquent taxes to the Washington State Department of Revenue without a payment plan approved 2.j. No evidence of delinquent taxes. by the Department of Revenue; No debarments have been issued 2.k. The Bidder is currently debarred or suspended by the Federal government; against this contractor per SAM.�ov. 2.1. There are any other reasons deemed proper by the Contracting Agency. No other reasons for rejection. Valid Contractor's License? Yes Any Tax Debts during previous 6 year period? No Any License Violations during previous 6 year period? No Valid Worker's Comp Account? Yes 59 of 154 CAG-24-060 Bidder Assessment(May 2024) Page 4 of 4 Bidder Assessment PRV Station 1 Rehabilitation Project CAG-26-096 Bid Opening: May 20,2026 REFERENCE CHECK FOR CR CONSTRUCTION LLC Port of Seattle Port of Seattle Community Transit(Snohomish County) Client Terminal 5 5 Building Terminal 5 N Building Transit Vehicle Storage Facility Project Project Amount $766,000.00 $165,000.00 $2,000,000.00 Year 2023 2021 2025 Anthony Parker Jason Marion Dan Anable 425-961-5104 206-793-0200 206-683-8332 Contact anthonyparker@pcl.com jmarion@westernventures.com dana@faberconstruction.com Lacatian Seattle,WA Seattle,WA Everett,WA Rehab of existing sewer wet wells, Rehab of existing sewer wet wells, Earthwork and utility scope for new valve vaults.Install/replace pipe, valve vaults.Install/replace pipe, public transit vehicle storage facility, valves,fittings.Modifications made valves,fittings.Modifications made to lift station,power,control, to lift station,power,control, including a PRV vault and work in telemetry panels replaced. telemetry panels replaced. ROW. Type of Work Satisfied with their performance? YES YES YES Uncompleted work or unsettled bills? NO NO NO Other concerns? NO NO NO Date of Call 06/04/2026 06/03/2026 06/03/2026 BID BOND VERIFICATION FOR CR CONSTRUCTION LLC Bond Company Name Intact Insurance Bond Company Contact Erik Rolfness Bid Amaunt $541,885.37 Minimum Bond Amount Required $27,094.27 Bid bond valid,verified via email verification on 6/2(By Brandon Bolt while Erik was out of office) Verification 60 of 154 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, SUBJECTTO 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: 61 of 154 1 RESOLUTION N0. 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 62 of 154 2 RESOLUTION N0. 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 BYTHE CITYCOUNCILthis dayof , 2026. Jason A. Seth, City Clerk APPROVED BYTHE MAYOR this day of , 2026. Armondo Pavone, Mayor Approved as to form: Shane Moloney, CityAttorney RES-CED:26RES021:05.27.2026 63 of 154 3 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 WASHINGTON WILDLIFE AND RECREATION LOCAL PARKS PROGRAM PROJECT TO THE RECREATION AND CONSERVATION FUNDING BOARD FOR THE NORTHEAST RENTON PARK DEVELOPMENT. WHEREAS,the City of Renton ("City")desires to develop Northeast Renton Park with a parking lot, access drive, trails, a viewpoint, landscaping, and a playground, a project internally designated the file number 26-1463 (the "Project"); and WHEREAS, the City desires state grant assistance, under provisions of the Washington Wildlife and Recreation Program-Local Parks ("WWRP-Local Parks") program administered bythe 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 Local Parks program applicant entities to adopt an authorization resolution usingthe language setforth 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 64 of 154 1 RESOLUTION NO. specified titles/positions (and subsequent holders of those titles/positions) to execute the following documents binding the City on the Project: . . . . � . - ' - . � . - . . Grant application (submission thereof) Parks Planning Manager Project contact(day-to-day administering of the grant and communicatingwith the Parks Planning Manager RCO) RCO Grant Agreement(Agreement) Mayor* Agreement amendments Up to$50,000 Parks and Recreation Administrator $50,000 or more I Mayor Authorizing property and real estate documents(Notice of Grant, Deed of Right or Assignment of Rights if applicable).These are items that are Mayor* typical recorded on the property with the county. * 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 65 of 154 2 RESOLUTION NO. 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 conditions of the executed Agreement shall be conclusively deemed to be executed with the City's authorization. 66 of 154 3 RESOLUTION NO. 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 certifythe availabilityof 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 thatthe Citywill only request paymentfrom the Office afterthe 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 67 of 154 4 RESOLUTION NO. 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 BYTHE MAYOR this day of , 2026. Armondo Pavone, Mayor Approved as to form: Shane Moloney, CityAttorney RES-PR:26RES008:05.27.2026 68 of 154 5 CITY OF RENTON,WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, SETTING A PUBLIC HEARING DATE REGARDING DECLARING AN EXISTING UTILITY EASEMENT SURPLUS TO THE CITY'S NEEDS AND AUTHORIZING RELEASE OF SAID EASEMENT. WHEREAS, on December 18, 2000, City Council passed Ordinance No. 4883, recorded under King County Recording No. 20010117001672, vacating an alley located north of S 4th St and between Whitworth Ave S and Shattuck Ave S, subject to a utility easement reserved in favor of the City(the "Easement"); and WHEREAS, a petition was filed by the owner of the property, the Corporation of the Catholic Archbishopship of Seattle, a Washington corporation sole, with the City Clerk on or about March 3, 2026, pursuant to the requirements of RMC 9-1-1, petitioning for the release ofthe Easement.The petition was signed bythe owners of more than two-thirds(2/3) of the property affected by the Easement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I.That the 20th day of July, 2026, at the hour of 7:00 P.M., is hereby fixed as the date and time for a public hearing to consider the above-mentioned petition. SECTION II.The City Clerk is hereby authorized and directed to give notice of the time and date of the public hearing as provided in RCW 35.94.040, including instructions on accessingthe hearingvia Zoom, if applicable, and/or providing comment, and any and/or all persons interested therein or objecting to release of the Easement may then appear and be 69 of 154 1 RESOLUTION NO. heard, or they may file their written objections with the City Clerk at or prior to the time of public hearing. SECTION III. After the close of the public hearing, the City Council shall determine whether the Easement is surplus to the City's needs and if it is in the best interest of the public to be released. PASSED BYTHE CITYCOUNCILthis dayof , 2026. Jason A. Seth, City Clerk APPROVED BYTHE MAYOR this day of , 2026. Armondo Pavone, Mayor Approved as to form: Shane Moloney, CityAttorney RES-CED:26RES024:06.04.2026 70 of 154 2 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 authorityto 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: 1 71 of 154 ORDINANCE NO. Table of Contents SECTIONI. Definitions................................................................................................................3 SECTIONII. Purpose...................................................................................................................7 SECTION III. Privileges Conveyed...............................................................................................8 SECTIONIV.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. Undergroundingof 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 SECTIONXXVII. Effective Date .................................................................................................65 2 72 of 154 ORDINANCE NO. 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 inconsistentwith 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 excavatingto 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 Dav: 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 3 73 of 154 ORDINANCE NO. 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 equipmentwithin 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-Wayfor 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 LiabilityAct, 42 U.S.C. § 9601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et 4 74 of 154 ORDINANCE NO. 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. 5 75 of 154 ORDINANCE NO. 1.12 Public Propert�c(ies�: Means present and/or future property owned or leased by Renton within Renton's present and/orfuture control and/orjurisdictional 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-Wa�[: 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). 6 76 of 154 ORDINANCE NO. 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 Authoritv: 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 Liabilitv: 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 � 77 of 154 ORDINANCE NO. 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, 8 78 of 154 ORDINANCE NO. 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 9 79 of 154 ORDINANCE NO. 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 thatthe same are consistentwith 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. 10 80 of 154 ORDINANCE NO. 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 ofTerm: shall remain in effectforten (10)years, unless it is terminated pursuant to Section XVII, Termination,Violations, and Remedies. c. Option for Renewal: At anytime 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 ExtensionuponExpiration: IfthePartiesfailtoformallyreneworterminatethe Franchise priorto 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 11 81 of 154 ORDINANCE NO. 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 43.21 C). 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. �2 82 of 154 ORDINANCE NO. 5.4 Cost of Publication: Franchisee shall bearthe 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 anywork 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 13 83 of 154 ORDINANCE NO. 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 identifythe 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 14 84 of 154 ORDINANCE NO. 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 anytransferee are subject at alltimes 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)ortransferee(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. 15 85 of 154 ORDINANCE NO. 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 intothis Franchise. If a discrepancyarises between this Franchise and RMC Chapter 5-19 or any other law, then the most restrictive measure shall apply. 7.3 Le itimate 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 ReferencetoSpecific LaworOrder: Upona reasonablyjustifiedwritten 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. 16 86 of 154 ORDINANCE NO. 8.2 Renton's Use of Franchise Area: This Franchise shall not prevent, prohibit, limit or affect Renton's use ofthe Franchise Area,consistentwith 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 orthe use and enjoyment of adjoining property. 9.3 Permit A�plication Required: Exception to timing in the event of an emergency defined in Section XII Permits shallvest 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 specifythe class and type of material and equipment to be used, manner of excavation, construction, installation, backfill, erection of �� 87 of 154 ORDINANCE NO. 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 unreasonablywithheld 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 anytime 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 — Safetv: 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. �8 88 of 154 ORDINANCE NO. 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 bythe ordinances of the City orthe 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 boringratherthan opentrenchingwheneverreasonablyfeasible. Priorto 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 �9 89 of 154 ORDINANCE NO. 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, inabilityto 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 Su�port — Dut�r 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, 20 90 of 154 ORDINANCE NO. 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 resultingfrom 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 2� 91 of 154 ORDINANCE NO. 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 22 92 of 154 ORDINANCE NO. 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 ofthe State of Washington one number locator service under RCW 19.122 (Underground Utilities) oran approved equivalent,and shallcomplywith allapplicable Laws. Priorto doinganywork in the Rights-of-Way, the Franchisee shall follow established procedures, including contactingthe Utility Notification Center in Washington and complywith allapplicable 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 23 93 of 154 ORDINANCE NO. 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 Surve� 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 necessaryto restore the Franchise Area. If Franchisee fails to restore the Franchise Area in accord with Renton's notice within 24 94 of 154 ORDINANCE NO. 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 A�proval 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 Workthrough regularlyscheduled meetings. Franchisee and Renton shallfurther 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 25 95 of 154 ORDINANCE NO. 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 satisfactoryto both Parties. 10.3 Joint Use Policies: Concerningthe Franchise Area, duringthe Franchise Term, Renton may adopt policies which encouragejoint use of utilityfacilities 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 A�proval 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 throughoutthe Franchise Area, 26 96 of 154 ORDINANCE NO. 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. 27 97 of 154 ORDINANCE NO. 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 28 98 of 154 ORDINANCE NO. 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 necessaryequipment and personnelto 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. 29 99 of 154 ORDINANCE NO. 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 adjoiningpublic place, street,electricalortelecommunications utilities,Cityutilities,orCity 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 abilityto 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 30 100 of 154 ORDINANCE NO. in accordance with applicable Laws, any extraordinary costs in respondingto 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 Drawin�s: Following the initial construction and installation of Facilities, Franchisee shall provide the Citywith 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 31 101 of 154 ORDINANCE NO. 2)that any and all utilitytaxes 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. 32 102 of 154 ORDINANCE NO. 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 33 103 of 154 ORDINANCE NO. 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 4-6-090.0 (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 34 104 of 154 ORDINANCE NO. 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 improvementwithin 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. 35 105 of 154 ORDINANCE NO. 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 bythe 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 payfor 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. 36 106 of 154 ORDINANCE NO. 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 37 107 of 154 ORDINANCE NO. 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. 38 108 of 154 ORDINANCE NO. 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 Dela�[: 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 bythe 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: 39 109 of 154 ORDINANCE NO. 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 40 110 of 154 ORDINANCE NO. 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 itto 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 41 111 of 154 ORDINANCE NO. 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 ofthe 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 orfailure 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 42 112 of 154 ORDINANCE NO. Parties may agree upon, Renton mayterminate 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. 43 113 of 154 ORDINANCE NO. 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 Partyviolates 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 44 114 of 154 ORDINANCE NO. 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 complywith 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 Cityto 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. 45 115 of 154 ORDINANCE NO. 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 mailingto: 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 Meetin : 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 46 116 of 154 ORDINANCE NO. 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 ofthe 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 authorityto 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, 47 117 of 154 ORDINANCE NO. 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 Discoverv:The arbitrators shall allow appropriate discoveryto 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 Dama es: The arbitrators may award compensatory damages., including consequential damages. Such damages may include, but shall not be 48 118 of 154 ORDINANCE NO. 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 competentjurisdiction. 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, includingwithout limitation,fees of the arbitrators, costs of records 49 119 of 154 ORDINANCE NO. 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 anytwo(2) arbitration proceedings brought by such party pursuantto 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 copyto append to a lawsuit to reduce the award tojudgment, 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 50 120 of 154 ORDINANCE NO. 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. 51 121 of 154 ORDINANCE NO. 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,orfrom 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, includingthe reasonable costs of assessingsuch 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 resultfrom the concurrent negligence of(a)the Franchisee's agents, officers, or employees and (b) Renton, this provision with respect to claims or suits 52 122 of 154 ORDINANCE NO. 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)liabilityfor 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 53 123 of 154 ORDINANCE NO. by such employees. It is expressly agreed and understood that this assumption of potential liabilityfor actions brought bythe aforementioned persons is limited solelyto 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 underTitle 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 Indemnitv: 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 54 124 of 154 ORDINANCE NO. 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 55 125 of 154 ORDINANCE NO. 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 liabilitv 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 liabilitvwith 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 56 126 of 154 ORDINANCE NO. 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. 57 127 of 154 ORDINANCE NO. 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 Covera�e: Franchisee's insurance shall contain a clause statingthat 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 underSections 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 untilthe 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, 58 128 of 154 ORDINANCE NO. 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 underthis Franchise may be sent to following Addresses unless otherwise specified: CityAddress: 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 59 129 of 154 ORDINANCE NO. 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. 60 130 of 154 ORDINANCE NO. 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 mayjudge 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 duringthattime that any permit is active. 26.6 Eminent Domain:This Franchise shall not preclude a governmental bodyfrom acquiringthe Franchise Area by lawful condemnation, or Renton from acquiring any portion 61 131 of 154 ORDINANCE NO. of the Facilities by lawful condemnation. In determining the Facilities'value, no value shall be attributed to the right to occupythe 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 62 132 of 154 ORDINANCE NO. 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 oftheir 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 bythis Franchise shall be deemed a dutyto the general public and not to any specific party, group or entity. 63 133 of 154 ORDINANCE NO. 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 Headin�s: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 Severabilitv: 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 64 134 of 154 ORDINANCE NO. Western District of Washington, in Seattle,Washington, or in the King CountySuperior 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 necessaryto 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 anyThird-Partyto 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. 65 135 of 154 ORDINANCE NO. PASSED BYTHE CITYCOUNCILthis dayof _, 2026. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2026. Armondo Pavone, Mayor Approved as to form: Shane Moloney, CityAttorney Date of Publication: ORD-CED:260RD016:05.28.2026 (MPK Temp(ate Approval 10.18.2025] 66 136 of 154 ORDINANCE N0. 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 67 137 of 154 ORDINANCE N0. Attachment 1 i'�l � r .• ; r - � � ll � �i � � J I l � l �ir� �l ` ' 1� 1`J � '�Y �• �1 � S J � J � `\J � � � __ ��l\ � � \ � J � ,� S � � � !�J � o �� l � ' , _f-----�.1 \'� I'. � I1 SJJ1 f,� .\ \ \ �\ r '� � .1 � !. ,/�� � � �� I I -Lr-. _.._� I �` I. ;_ iri � � � !ir� � J � Y ) � � / i ' ,� !� � I1 � , \( ..��� � O '.,tn.r�ewnruon�no nwa se ao.W.a .,� Legend � n��aI warranry n rry repnHerwMim N � � .�.ny.MrMna7Mm�p4to��.�. • � w,e.wm�p,m,,,cy City and Counry labeis �,:.,�+a rrrrcnr+!ewtr.ne•. ,,aeF.,..<s•�.� ,.. . Cily and County Boundary R.rowi l� rZ� � �an om�,w..i�., 0 2.991 5.981 r�.,� 138 of 154 68 CITY OF RENTON,WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE 2026 CITY OF RENTON SALARY TABLE TO REFLECT THE JULY 1, 2026 SALARY GRADE ADJUSTMENTS AGREED TO IN A MAY 20, 2026 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF RENTON AND AFSCME; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on November 18, 2024, the City Council adopted Ordinance No. 6147 adopting the City of Renton's 2025/2026 Biennial Budget, incorporating therein the job classifications and pay ranges for City employees set forth in the 2025 City of Renton Salary Table; and WHEREAS, on December 2, 2024, the City Council adopted Ordinance No. 6156 amending and replacing the 2025 City of Renton SalaryTable; and WHEREAS, on May 5, 2025, the City Council adopted Ordinance No. 6158 amending the 2025/2026 Biennial Budget, increasing the budgeted revenues and expenditures, and amendingthe 2025 Cityof Renton SalaryTable; and WHEREAS, on July 21, 2025, the City Council adopted Ordinance No. 6163 amending the 2025/2026 Biennial Budget, increasing the budgeted revenues and expenditures, eliminating Fund 505, and amending the 2025 City of Renton Salary Table; and WHEREAS, on November 3, 2025, the City Council adopted Ordinance No. 6172 amending the 2025/2026 Biennial Budget, increasing the budgeted revenues and expenditures, authorizing position changes, amending the 2025 City of Renton Salary 139 of 154 1 ORDINANCE N0. Table, adopting the 2026 City of Renton Salary Table, and authorizing separation pay for eliminated positions; and WHEREAS, on May 4, 2026, the City Council adopted Ordinance No. 6172 amending the 2025/2026 Biennial Budget, increasing the budgeted revenues and expenditures, and amendingthe 2026 City of Renton SalaryTable; and WHEREAS, the City of Renton and the American Federation of State, County, and Municipal Employees, Local 2170 "AFSCME" union entered into a Memorandum of Understanding(MOU) regarding the AFSCME Salary Survey on May 20, 2026; and WHEREAS, in the MOU, the parties agreed to adjust the following six (6) position grades effective on July 1, 2026; Business Coordinator — Airport from A21 to A22, Airport Ops and Maintenance Supervisor from A24 to A25, Airport Operations Manager from A32 to A33, Sustainability Specialist from A17 to A18, Traffic Signage and Marking Supervisor from A21 to A22, and Recreation Systems Technician from A14 to A15; and WHEREAS, additional changes agreed to in the MOU to take effect in the future will be updated with future salarytable amendments; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The City Council hereby amends and replaces the 2026 City of Renton Salary Table and approves position changes identified in Exhibit A. The amendments to the Salary Table shall take effect on July 1, 2026, as agreed to in the MOU. In the event of conflicts, applicable collective bargaining agreements control. Formatting (Red font, strikethrough, and underline) is for illustrative purposes only and will not appear in 140 of 154 2 ORDINANCE N0. published versions of the adopted salary table. Changes in location of position designations in the 2025 column to move with the July 1, 2026, movement does not have retroactive effect as to past pay grade for those positions and is relocated for ease of reference only. SECTION II. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. 141 of 154 3 ORDINANCE N0. SECTION III. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BYTHE CITYCOUNCILthis dayof , 2026. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this day of , 2026. Armondo Pavone, Mayor Approved as to form: Shane Moloney, CityAttorney Date of Publication: ORD-HRRM; 260RD018; 6/3/2026 142 of 154 4 Exhibit A � . . I • STEPA STEPB STEPC STEPD STEPE 2025 FTE 2026 FfE Grade Position Title Monthly Annual Monthly Annual Monthly Annual Monthly Annual Monthly Annual a40 12,027 144,324 12,627 151,524 13,268 159,216 13,942 167,304 14,645 175,740 a39 11,754 141,048 12,337 148,044 12,942 155,304 13,601 163,212 14,289 171,468 a38 71,454 737,448 12,027 144,324 72,627 751,524 13,268 159,216 73,942 767,304 a37 71,197 734,292 11,754 147,048 72,337 748,044 12,942 155,304 73,607 763,272 5 5 Principal Civil Engineer a36 70,908 730,896 11,454 137,448 72,027 744,324 12,627 157,524 73,268 759,276 a35 70,647 727,764 11,791 134,292 71,754 741,048 12,337 148,044 72,942 755,304 a34 70,386 724,632 10,908 130,896 71,454 737,448 12,027 144,324 72,627 751,524 1 1 Structural Plans Examiner a33 70,135 721,620 10,647 127,764 71,197 734,292 11,754 147,048 72,337 748,044 1 1 Airport Operations Manager_ 19 20 Civil Engineer 3 a32 9,891 718,692 10,386 124,632 70,908 730,896 11,454 137,448 72,027 744,324 4 4 2 2 Principal Planner a37 9,641 715,692 10,735 127,620 70,647 727,764 11,191 134,292 71,754 741,048 1 1 Client Technology Sys&Support Super a30 9,470 712,920 9,897 118,692 70,386 724,632 10,905 130,896 71,454 737,448 5 5 Civil Engineer 2 3 2 Senior Systems Analyst a29 9,781 710,772 9,647 115,692 70,135 721,620 10,647 127,764 71,197 734,292 4 4 Capital Projects Coordinator 1 1 ITS&Signal Maintenance Supervisor 1 1 Network&Security Engineer 2 1 1 Program Development Coordinator 2 2 2 Senior Network Systems Specialist 2 2 Senior Planner a28 8,954 707,448 9,410 112,920 9,891 718,692 10,386 124,632 70,908 730,896 4 5 Senior Business Systems Analyst 1 1 Transportation Planner 1 1 Water Treatment Operations Supervisor a27 8,738 704,856 9,157 110,172 9,641 715,692 10,135 127,620 70,647 727,764 6 6 GIS Analyst 3 0 0 Systems Analyst a26 8,522 702,264 8,954 107,448 9,410 112,920 9,897 118,692 70,386 724,632 0 0 Civil Engineer 1 1 1 Facilities Coordinator 1 1 Lead Building Inspector 1 1 Lead Code Compliance Inspector 1 1 Lead Construction Engineering Inspector 1 1 Lead ElectricaUCtrl Systems Technician 1 1 Neighborhood Program Coordinator 0 0 Program Development Coordinator 1 a25 8,375 99,780 8,738 104,856 9,781 710,772 9,647 115,692 70,135 721,620 1 7 AirportOps&Maintenance5upervisor 0 0 Network&Security Engineer 1 1 1 Network Systems Specialist 1 1 Senior Economic Development Specialist a24 8,114 97,368 8,522 102,264 8,954 107,448 9,410 112,920 9,891 118,692 � 4 2 2 Building Plan Reviewer 0 0 Business Systems Analyst 6 6 Engineering Specialist 3 1 1 GIS Analyst 2 1 1 Property Services Specialist 1 1 Street Maintenance Services Supervisor 2 2 Waste Water Maint.Services Supervisor 1 1 Water Maintenance Services Supervisor a23 7,978 95,016 8,315 99,780 8,738 704,856 9,187 110,172 9,641 715,692 1 1 Client Technology Services Specialist 3 2 2 Custodial Maintenance Supervisor 1 1 Data Analyst 2 2 Emergency Management Coordinator 1 1 Facilities Supervisor 1 1 Housing Repair Coordinator 143 of 154 1 1 Pavement Management Technician 0 0 Plan Reviewer 0 0 Senior Paralegal 4 4 Signal&ITS Technician 3 1 1 Utility Accounts Supervisor , . . i • STEPA STEPB STEPC STEPD STEPE 2025 FTE 2026 FfE Grade Position Title Monthly Annual Monthly Annual Monthly Annual Monthly Annual Monthly Annual a22 7,727 92,724 8,114 97,368 8,522 102,264 8,954 107,445 9,410 112,920 6 6 Associate Planner 2 2 Building Inspector/Combination 3 3 Building InspectodElectrical 1 1 Business Coordinator-Airport 2 2 Case Manager 4 4 Code Compliance Inspector 1 1 Communications Specialist 2 7 7 Construction Engineering Inspector 0 0 GIS Analyst 1 2 2 Parks Maintenance Supervisor 1 1 TrafficSignage&Marking5upervisor 1 1 Water Meter Tech.Services Supervisor a21 7,533 90,396 7,918 95,076 8,315 99,780 8,738 704,856 9,187 110,172 4 4 1 1 Human Services Coordinator 1 1 Lead Vehicle&Equipment Mechanic 1 1 Public Records Analyst i 4 1 1 SCADA/TelemetryTechnician a20 7,349 88,188 7,727 92,724 8,114 97,368 8,522 702,264 8,954 107,448 1 1 Client Technology Services Specialist 2 1 1 Economic Development Specialist 1 1 Engineering Specialist 2 1 1 Enterprise Content Specialist 2 1 1 Inspecting Arborist 1 1 Senior Program Specialist a19 7,769 86,028 7,533 90,396 7,918 95,016 8,315 99,780 8,738 104,856 1 1 Electrical Technician 1 1 Encampment Clean-Up Lead 1 1 Farmers Market Coordinator 1 1 HVAC Systems Technician 7 7 Recreation Program Coordinator 3 3 Senior Sustainability Specialist 0 0 Signal&ITS Technician 2 4 4 Water Treatment Plant Operator a18 7,001 84,072 7,349 88,188 7,727 92,724 8,114 97,368 8,522 702,264 1 1 Assistant Planner 0 0 Development Services Representative 1 1 Lead Golf Course Maintenance Worker 7 7 Lead Maintenance Services Worker 2 2 Lead Parks Maintenance Worker 1 1 Maintenance Buyer 4 5 Paralegal 0.5 0.5 SustainabilitySpecialist 1 1 Water Utility Maintenance Technician a17 6,825 81,900 7,169 86,028 7,533 90,396 7,918 95,016 8,315 99,780 1 1 Digital Communications Specialist 2 2 Lift Station Technician 0.75 0.75 Program Assistant 1 1 Public Records Specialist 1 1 Senior Traffic Maintenance Worker 65 B5 0 0 Water Treatment Plant Operator Trainee a16 6,666 79,992 7,007 84,072 7,349 88,185 7,727 92,724 8,114 97,368 2 2 City Clerk Specialist 2 2 2 Client Technology Services Specialist 1 1 1 Court Operations Specialist 0 0 Enterprise Content Specialist 1 2 3 Facilities Technician 2 0J5 1 Recreation Specialist 5 5 Vehicle&Equipment Mechanic 2 a15 6,494 77,928 6,825 81,900 7,769 86,025 7,533 90,396 7,918 95,076 1 1 Airport Operations Specialist 1 1 Asset Management Systems Technician 1 1 Communications Specialist 1 1 1 Grounds Equipment Mechanic 1 1 Housing Maintenance Technician 4 4 PlanningTechnician 144 of 154 1 1 RecreationSystemsTechnician 1 1 Signal&ITS Technician� a14 6,341 76,092 6,666 79,992 7,001 84,012 7,349 88,188 7,727 92,724 1 1 Engineering Specialist 1 q 4 Facilities Technician 1 , . . i • STEP A STEP 6 STEP C STEP D STEP E 2025 FTE 2026 FfE Grade Position Title Monthly Annual Monthly Annual Monthly Annual Monthly Annual Monthly Annual 1 1 Golf Course Maintenance Worker 3 26 26 Maintenance Services Worker 3 12 12 Parks Maintenance Worker 3 3 3 Permit Services Specialist 1 1 Print&MailSupervisor 0 0 Program Specialist � 4 3 3 Traffic Maintenance Worker 2 a13 6,784 74,205 6,494 77,928 6,825 81,900 7,169 86,028 7,533 90,396 3 3 Judicial Specialist 2 a12 6,037 72,444 6,347 76,092 6,666 79,992 7,001 84,072 7,349 88,188 3 3 Airport Maintenance Worker 0 0 City IXerk Specialist 1 0 0 Vehicle&Equipment Mechanic� 1 1 Water Meter System Specialist a11 5,888 70,656 6,184 74,208 6,494 77,928 6,825 81,900 7,769 86,028 2 2 Encampment Clean-Up Worker 1 1 Reet Management Technician 1 1 IT Procurement&Contract Coordinator 2 2 Lead Maintenance Custodian 2 2 LegalAssistant a10 5,744 68,928 6,037 72,444 6,341 76,092 6,666 79,992 7,001 84,012 7 7 Accounting Assistant 4 14 14 Administrative Secretary� 1 1 Golf Course Maintenance Worker 2 1 1 Golf Course Operations Assistant 23 23 Maintenance Services Worker 2 6 6 Parks Maintenance Worker2 3 3 Recreation Assistant 0 0 Traffic Maintenance Worker 1 a09 5,603 67,236 5,888 70,656 6,784 74,208 6,494 77,928 6,825 81,900 5 5 Judicial Specialist� 1 1 Purchasing Assistant a08 5,468 65,616 5,744 68,928 6,037 72,444 6,347 76,092 6,666 79,992 1 1 Accounting Assistant 3 1 1 Court Security Officer 3 3 Maintenance Custodian 2 2 Secretary 2 2 2 Water Meter Technician a07 5,335 64,020 5,603 67,236 5,888 70,656 6,154 74,208 6,494 77,928 4 4 Maintenance Services Worker� a06 5,210 62,520 5,468 65,676 5,744 68,928 6,037 72,444 6,341 76,092 0 0 Accounting Assistant 2 0 0 Golf Course Maintenance Worker 1 Z 2 Parks Maintenance Worker 1 a05 5,080 60,960 5,335 64,020 5,603 67,236 5,888 70,656 6,784 74,208 a04 4,958 59,496 5,210 62,520 5,468 65,616 5,744 68,928 6,037 72,444 0 0 Accounting Assistant 1 6 6 Parks Maintenance Assistant 1 1 Print&MailAssistant 2 2 Pro Shop Assistant a03 4,836 58,032 5,080 60,960 5,335 64,020 5,603 67,236 5,888 70,656 1 1 Golf Course Associate a02 4,728 56,736 4,958 59,496 5,210 62,520 5,468 65,676 5,744 68,925 13 13 Custodian a01 4,604 55,248 4,836 58,032 5,080 60,960 5,335 64,020 5,603 67,236 366 370.25 LONGEVITY PAY Step a14,E_ $7,7Z7 Completion of 5 Yrs 2%Step a"14E $155 per month Completion of 10 Yrs 3°/o Step a14E $232 per month Completion of 15 Yrs 4%Step a14E $309 permonth Completion of 20 Yrs 5%Step a14E $386 per month Completion of 25 Yrs 6%Step a14E $464 per month Completion of 30 Yrs 7%Step a14E $541 per month Thecitycontributes3%ofemployee'sbasewageperyeartoadeferredcompensationaccount.(Article74ofAgreementByand set,�q�bof 154 Cityof Renton and Loca12170,Washington State Councilof Countyand City Employees,American Federation of State, County and Municipal Employees) The city contributes 7%of employee's base wage per year to a VEBA account.(Article 72.3 of AFSCME CBA) 1 � � � � ' ' : I • - � • STEP A STEP B STEP C STEP D STEP E 2025 2026 FTE FTE Grade Position Title Monthly Annual Monthly Annual Monthly Annual Monthly Annual Monthly Annual Police Chief See Non-Represented SalaryTabfe,Grade P3 Police Deputy Chief See Non-Represented SalaryTabfe,Grade P2 Police Commander See Non-Represented SalaryTabfe,Grade P1 pc61 12,275 147,300 13,257 159,084 17 18 Sergeant* *Step increase at 12 (15%overPolice Officer2) months pc60 Frozen 8,649 703,788 9,332 711,984 9,999 719,988 10,674 728,088 111 119 Police Officer 2 (2189 Schedule)(6.25%over Po(ice Officer 1) pc59 Frozen 8,141 97,692 8,782 705,384 9,411 712,932 10,045 720,540 Police Officer 1 (Ne wly Hired 2080) 128 137 HAZARD DUTYAND PREMIUM PAY(Article 6.7 and 6.8) Percent Interpreters 3% Detectives-------- -------3% Traffic Assignment---------------3% Motorcycle Assignment---------2% Background Investigator--------3% Canine Officer-------------------4% CorporalAssignment 7.5% Field Training Officer------------3% 8%when assigned student(s) TrainingOfficer------------------3% SWATAssignment---------------4% SRO Assignment-----------------3% Civil Disturbance Unit-----------Paid at rate of double time with 3 hrs minimum when called to an emergency. Special Weapons---------------- Paid at rate of time and one half with a and TaCtiCs minimum when called to an emergency. Negotiator------------------------- 4% SET/DET---------------------------3% VIIT---------------------------------2%* VI IT Lead------------------------------4%* *In addition to a paid rate of time and one half with 3 hr minimum when called out. MONTHLY LONGEVITY PAY (Appendix B) Years ofService Percentage(ofbase wage) Completion of 5 Yrs 2% Completion of 10Yrs 4% Completion of 15Yrs 6% Completion of 20 Yrs 10% Completion of 25 Yrs 12% Completion of 30 Yrs 14% 146 of 154 MONTHLY EDUCATIONAL INCENTIVE PAY (Appendix B) Percentage(ofbase wage) AA Degree(90 credits) 4% BA Degree/Masters Degree 6% The city contributes 1%of employee's wage base toward deferred compensation.(AppendixA.2.2 of Agreement By and Between City of Renton and Renton Police Guild Representing Commissioned Employees(January 1,2024-December 31,2026)(Commissioned Guild CBA)) Effective January 1,2025,the city contributes 3%of employee's wage base to a VEBA plan.(Article 14.10 of Commissioned Guild CBA) The city contributes 3%of employee's wage base toward deferred compensation for passing physical fitness.(Article 6.8.4,and Appendix A.2.3 of Commissioned Guild CBA) NOTE: Pleaserefertothecurrentlaboragreementforspecificinformation. 147 of 154 � � • STEPA STEPB STEPC STEPD STEPE 2025 2026 FTE FTE Grade Position Title Monthly Annua! Monthly Annual Monthly Annua! Monthly Annual Monthly Annual pn70 7,597 91,164 8,213 98,556 9,025 108,300 9,917 179,004 10,439 125,268 pn69 7,411 88,932 8,011 96,132 8,804 105,648 9,676 116,112 10,184 122,208 pn68 7,231 86,772 7,818 93,816 8,590 103,080 9,439 113,268 9,936 119,232 pn67 7,054 84,648 7,627 91,524 8,381 100,572 9,208 110,496 9,693 176,316 3 3 Community Engagement Coord. pn66 6,881 82,572 7,441 89,292 8,175 98,100 8,984 107,808 9,455 113,460 pn65 6,714 80,568 7,258 87,096 7,977 95,724 8,765 105,180 9,227 110,724 pn64 6,693 80,316 7,232 86,784 7,944 95,328 8,564 102,768 8,993 107,916 1 1 Crime Analyst pn63 6,391 76,692 6,909 82,908 7,590 91,080 8,343 100,116 8,782 105,384 pn62 8,813 105,756 2 2 Police Services Specialist Supervisor (15%above Specialist,Step E) 2 0 pn61 6,229 74,748 6,722 80,664 7,402 88,824 8,138 97,656 8,543 102,516 pn60 6,314 75,768 6,823 81,876 7,494 89,928 8,079 96,948 8,484 101,808 pn59 5,894 70,728 6,402 76,824 7,114 85,368 7,822 93,864 8,236 98,832 1 1 Domestic Violence Victim Advocate pn58 5,943 71,316 6,415 76,980 7,060 84,720 7,765 93,180 8,166 97,992 3 3 Evidence Technician pn57 8,238 98,856 1 1 PoliceServicesSpecialistLead (7.5%above Specialist,Step E) pn56 5,604 67,248 6,059 72,708 6,663 79,956 7,327 87,924 7,695 92,340 2 2 AnimalControlOfficer pn54 5,582 66,984 6,030 72,360 6,637 79,644 7,301 87,612 7,663 91,956 16 16 Police Services Specialist pn53 4,997 59,964 5,402 64,824 5,939 71,268 6,533 78,396 6,855 82,260 3 3 Police Administrative Specialist pn52 4,841 58,092 5,224 62,688 5,755 69,060 6,330 75,960 6,642 79,704 2 Z Parking Enforcement Officer 36 34 148 of 154 NON-COMMISSIONED PREMIUM PAY(Articles 6.4 and 6.5) Interpreter Premium.............................................................................3%of base pay(Article 6.5.2) Public Records Act Premium.............................................................. 4%of base pay(Article 6.5.3) Field Training Officer,FTO(Police Service Specialist)...........................4%of base pay(Article 6.5.1) Crisis Communication Unit..................................................................Double time with 3 hrs min(Article 6.4) POLICE NON-COMMISSIONED-MONTHLYLONGEVITYINCENTIVE PAYSCHEDULE(Article 12,AppendixB.1) Vears of Service P�ntage(of base wa Completion of 5 Yrs 2% Completion of 10 Yrs 4% Completion of 15 Yrs 6% Completion of 20 Yrs 10% Completion of 25 Yrs 12% Completion of 30 Yrs 14% MONTHLY EDUCATIONAL INCENTIVE PAY SCHEDULE(Appendix B.2) Percentage!of base wa� AA Degree(90 credits) 4% BA/BS Degree or Masters 6% The city contributes 2%of the em ployee's base wage to a VEBA plan. (Article 14.10 of Agreement By and Between City of Renton and Non- Commissioned Employees of the Renton Police Guild(2024-2026)(Non- Commissioned Guild CBA)) Thecitycontributes3.5%oftheemployee'sbasewagetoadeferredcompaccount. (AppendixA.3ofNon-Commissioned Guild CBA) Thecitycontributesanadditional3%ofemployee'swagebasetowarddeferredcompforpassingphysicalfitness. (Article6.8of Non-Commissioned Guild CBA) 149 of 154 � • • SUPPLEMENTAL EMPLOYEE WAGE TABLE � h51 21.57 h52 22.00 h53 23.00 h54 24.00 h55 25.00 h56 26.00 h57 27.00 h58 28.00 h59 29.00 h60 30.00 h61 31.00 h62 32.00 h63 33.00 h64 34.00 h65 35.00 h66 40.00 h67 45.00 h68 50.00 h69 55.00 h70 60.00 h71 65.00 h72 70.00 h73 75.00 h74 80.00 h75 85.00 h76 90.00 h77 95.00 h78 100.00 *Supplemental positions are authorized to be filled to the extent the administration deems necessary, consistent with collective bargaining obligations and available budgeted funds. 150 of 154 1 • - • . � - STEP1 STEP2 STEP3 STEP4 STEP5 STEP6 STEP7 STEPS Grade PositionTitle Monthly Annual Monthly Annual Monthly Annual Monthly Annual Monthly Annual Monthly Annual Monthly Annual Monthly Annual 2025 2026 ELECTED OFFICIALS FTE FTE 1 1 E10 Mayor(1) 20,968 257,676 E09 City Council President(2)(7) 1 1 AsestablishedbythelndependentSalaryCommissionpursuanttoRMC2-20 6 6 E09 CityCouncilMembers(2) As established by the Independent Safary Commission pursuant to RMC 2-20 E11 MunicipalCourUudge(6) Z Z Sa(aryestabfishedpursuanttoRMC3-10-2.E (NON-UNION) E2 17,364 208,368 78,088 277,056 78,847 226,092 79,626 235,572 20,444 245,328 27,296 255,552 22,183 226,796 23,108 277,290 1 1 ChiefAdministrativeOfficer E7 15,756 189,072 16,473 196,956 17,097 205,764 17,509 213,708 78,557 222,672 19,324 237,888 20,129 241,548 20,968 251,676 1 1 CityAttorney 1 1 Parks&RecreationAdministrator 1 1 Community&EconomicDevelopmentAdministrator 1 1 DeputyChiefAdministrativeOfficer 1 1 FinanceAdministrator 1 1 Human Resources&Risk MgmtAdministrator 1 1 Public Works Administrator P3 16,399 196,788 17,083 204,996 17,795 213,540 18,536 222,432 79,308 237,696 20,713 241,356 20,957 251,472 21,824 261,888 1 1 Police Chief(3) P2 14,792 777,504 75,408 784,896 76,050 792,600 16,779 200,628 17,475 208,980 18,741 277,692 78,897 226,764 79,684 236,208 2 2 Police Deputy Chief(4) P1 17,898 742,776 72,393 748,776 72,910 754,920 13,448 767,376 14,008 168,096 14,592 175,104 75,200 182,400 75,833 789.996 6 6 PoliceCommander(5) MG24 14,470 773,640 75,073 780,876 75,707 788,472 16,355 796,260 17,037 204,444 17,747 272,964 78,486 221,832 19,256 237,072 MG23 14,149 769,785 74,738 776,856 75,352 754,224 15,992 797,904 16,655 199,896 17,352 208,224 75,075 276,900 18,825 225,936 1 1 Finance Director 1 1 Information Technology Director 1 1 JudicialAdministrativeOfficer MG22 13,827 765,924 74,403 772,836 75,003 780,036 15,628 787,536 16,280 195,360 16,958 203,496 77,664 271,968 78,400 220,800 � � DevelopmentEngineeringDirector 1 1 planningDirector � � Transportation Systems Director � � UtilitySystemsDirector 0 1 MaintenanceServicesDirector MG21 13,505 762,060 74,068 768,876 74,654 775,848 15,265 783,180 15,901 190,812 16,563 198,756 77,254 207,048 77,973 215,676 3 3 SrAssistantCityAttorney MG20 13,184 758,208 73,733 764,796 74,305 777,660 14,901 778,872 15,522 186,264 16,769 194,028 76,843 202,716 77,545 210,540 1 1 Parks andTrails Director 1 1 Prosecution Director MG79 12,862 754,344 73,398 760,776 73,957 767,484 14,538 774,456 15,144 181,728 15,775 189,300 76,432 197,184 77,177 205,404 � � Economic Development Director MG7S 12,541 750,492 73,063 756,756 73,608 763,296 14,175 770,100 14,765 177,750 15,380 184,564 76,027 192,252 16,689 200,268 1 MG77 12,279 746,628 72,728 752,736 73,259 759,108 13,871 765,732 14,387 172,644 14,986 179,832 75,610 187,320 16,261 795,132 1 1 Communications and Engagement Director 1 1 DevelopmentServicesDirector 1 1 GovernmentAffairsManager 1 1 Infrastructure&Security Manager MG76 17,898 742,776 72,393 748,776 72,910 754,920 13,448 767,376 14,008 168,096 14,592 175,704 75,200 182,400 96 1 1 Airport Director 1 1 DevelopmentEngineeringManager 1 1 EnterpriseApplicationsManager 1 1 Facilities Director 1 • - • . � - STEP1 STEP2 STEP3 STEP4 STEP5 STEP6 STEP7 STEPB Grade PositionTitle Month(y Annual Monthly Annual Monthly Annual Monthly Annual Month(y Annua( Month(y Annua( Monthly Annua( Monthly Annual 1 1 HR Labor Relations&Compensation Manager 1 1 Recreation Director MG75 11,576 738,972 12,058 144,696 12,561 750,732 13,084 757,008 13,629 163,548 14,197 170,364 14,789 177,468 15,405 784,860 1 1 Construction Engineering Manager 1 1 Human Services Director 1 1 ITS and Maintenance Manager 3 3 Utility Engineering Manager MG74 17,255 735,060 71,723 740,676 72,212 746,544 12,721 752,652 13,251 159,012 13,803 165,636 74,378 172,536 74,977 779,724 1 1 AssistantCityAttorney 1 1 Budget&AccountingManager 1 1 Business Recruitment and Retention Manager 1 1 Human Resources Benefits Manager 1 1 Lead Prosecutor 1 1 RedevelopmentManager 1 1 Risk Manager 1 1 Transportation Design Manager 1 1 Transportation Planning Manager 1 1 Transportation Operations Manager MG73 10,933 737,196 71,389 736,668 71,863 742,356 12,357 748,284 12,872 154,464 13,409 160,908 73,967 167,604 74,549 774,588 1 1 City Clerk/Public Records Officer 1 1 CurrentPlanningManager 1 1 Economic Development Manager 1 1 Emergency Management Director � � Long Range Planning Manager 1 1 WaterMaintenanceManager MG72 10,671 727,332 71,054 732,645 71,514 738,168 17,994 743,925 12,494 149,928 13,014 156,768 73,556 162,672 74,127 769,452 � � Asset Manager 1 1 Capital Projects Manager 1 1 Financial Operations Manager � � Organizational Development Manager 1 1 StreetMaintenanceManager 1 1 Waste Water/Special Operations Manager MG71 10,290 723,480 70,719 728,628 71,765 733,980 17,630 739,560 12,175 145,380 12,620 151,440 73,146 157,752 73,693 764,376 1 1 Enterprise Content Manager 1 1 Facilities Manager � � Fleet Manager 1 1 ParksPlanning&TrailsManager 1 1 Sustainability&SolidWasteManager MG70 9,968 719,676 70,384 724,608 70,816 729,792 17,267 735,204 17,736 140,832 12,225 146,700 72,735 152,820 73,265 759,180 1 1 Communications Manager � � Parks Maintenance Manager � � PermitServicesManager 1 1 Tax&Licensing Manager NR22 9,647 715,764 70,049 720,588 70,467 725,604 10,904 730,848 17,358 136,296 17,831 147,972 72,324 147,888 72,838 754,056 1 1 AssistantBuildingOfficial 1 1 GIS&Data Manager 3 4 ProsecutingAttorney 1 1 Recreation Manager NR27 9,325 717,900 9,774 716,568 70,718 727,476 10,540 726,480 10,979 131,748 17,437 137,244 71,973 142,956 72,470 748,920 1 1 Code Compliance Manager 1 1 FinancialOperationsSupervisor NR20 9,004 708,048 9,379 712,548 9,770 717,240 10,177 722,124 10,601 127,212 17,042 132,504 71,502 138,024 8 7 784 1 1 Comms&Community Engagement Manager(PD) 1 1 Golf Course Manager 1 1 Police Manager 1 1 Senior Human Resources Analyst-Workforce&Equity 1 • - • . � - STEP1 STEP2 STEP3 STEP4 STEP5 STEP6 STEP7 STEPB Grade PositionTitle Month(y Annual Monthly Annual Monthly Annual Monthly Annual Month(y Annua( Month(y Annua( Monthly Annua( Monthly Annual NR19 8,682 104,184 9,044 108,525 9,421 113,052 9,813 117,756 10,222 122,664 10,648 127,776 11,092 133,104 11,554 138,645 Z 2 SeniorBenefitsAnalyst 2 3 Senior Employee Relations Analyst 6 6 SeniorFinanceAnalyst 1 1 Urban Forestry and Natural Resources Manager NR18 8,361 700,332 8,709 704,506 9,072 708,864 9,450 713,400 9,843 178,716 10,254 123,048 70,687 128,772 71,126 733,572 1 1 SeniorGrantsAnalyst 1 1 SeniorRiskManagementAnalyst NR17 8,039 96,465 8,374 700,485 8,723 704,676 9,OS6 709,032 9,465 173,SS0 9,859 175,308 70,270 123,240 70,698 728,376 1 1 Chief of Staff 2 2 CourtServicesManager > > Deputy City Clerk/Public Disclosure Manager 1 1 EmployeeRelationsAnalyst 0 0 ManagementAnalyst 1 1 SeniorTax&LicensingAuditor � � Solid Waste Program Manager NR16 7,777 92,604 8,039 96,468 8,374 700,488 8,723 704,676 9,086 109,032 9,465 173,580 9,859 178,308 70,270 723,240 0 0 BenefitsAnalyst � � ExecutiveAssistant 1 1 Golf Course Supervisor 1 1 Head Golf Professional � � LegalAnalyst z 2 PayrollTechnician3 4 5 Recreation Supervisor 0 0 RiskManagementAnalyst NR15 7,396 88,752 7,704 92,448 8,025 96,300 8,359 700,308 8,708 104,496 9,077 108,852 9,448 173,376 9,842 718,104 1 1 CommunityEventsCoordinator 1 1 Community0utreachCoordinator 0 1 FinanceAnalyst3 1 1 Parks&Recreation Program Coordinator NR14 7,074 84,888 7,369 88,428 7,676 92,172 7,996 95,952 8,329 99,948 8,676 104,712 9,038 108,456 9,474 712,968 � � Tax&LicensingAuditor2 NR13 6,753 57,036 7,034 54,409 7,327 87,924 7,632 91,SS4 7,957 95,412 8,282 99,384 8,627 103,524 8,986 707,832 0 0 FinanceAnalyst2 NR12 6,431 77,172 6,699 80,388 6,978 83,736 7,269 87,228 7,572 90,864 7,887 94,644 8,276 98,592 8,558 702,696 7 7 Administrative Assistants(All Depts) 0 0 PayrollTechnician2 0 0 Tax&LicensingAuditor 1 NR17 6,170 73,320 6,364 76,365 6,629 79,548 6,906 82,872 7,793 86,316 7,493 89,976 7,805 93,660 8,730 97,560 � � Assistant Golf Professional 2 2 HumanResourcesSpecialist NR10 5,788 69,456 6,029 72,348 6,280 75,360 6,542 78,504 6,815 81,780 7,099 85,188 7,394 88,728 7,703 92,436 0 0 FinanceAnalystl 0 0 PayrollTechnician 1 NR07 4,654 55,845 4,883 58,596 5,124 67,488 5,354 64,608 5,660 67,920 5,895 70,740 6,740 73,680 6,396 76,752 1 1 Office Specialist 147 149 153 of 154 NON-REPRESENTED LONGEVITY PAY Step a74,E_$7,727 Completion of 5 Yrs 2%Step a14E $155 per month Completion of 10 Yrs 3%Step a14E $232 per month Completion of 15 Yrs 4%Step a14E $309 per month Completion of 20 Yrs 5%Step a14E $386 per month Completion of 25 Yrs 6%Step a14E $464 per month Completion of 30 Yrs 7%Step a14E $541 per month (1) In addition to salary receives annual car allowance of$4800 or use of a ciTy vehicle.Not eligiblefor longevity. (2) CouncilmemberssalarysetperindependentSalaryCommissionpursuanttoChapter2-20RM0.Councilreceives2%ofsalaryfordeferredcomp.IfinembersareprohibitedfromparticipatinginPERS,theyreceiveanextral.4%ofsalaryfordeferredcompensation.Noteligibleforlongevity. (3) Eligible for Longevity atthe Non-Represented Longevity pay scale.Not eligible for Education or Uniform Allowance. (4) EligibleforLongevityattheNon-RepresentedLongevitypayscaleandEducationPremium.NoteligibleforUniformAllowance.Eligiblefor3%cashpremiumor3°/ointodeferredcompensationperemployee'sdiscretionforpassingphysicalfitness. (5) Receive Education/Longevity&Uniform Allowance 6ased on Union Contract Eligible for 3%deferred compensation for passing physicalfitness.Eligi6le for P2 paid jo6 injury leave based on Union Contract. (6) 4yearterm.Note�igibleforlongevity. (7) Council president to be paid$300/month above council mem6ers salary. The city contributes 4%of employee's base wage per year to a deferred compensation account for Management and Non-Represented employees;except for CAO receives 11%per year. 154 of 154