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CITY OF RENTON
AGENDA - City Council Special Meeting
7:00 PM - Monday, August 31, 2020
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
Due to the COVID-19 pandemic, Councilmembers are attending this meeting remotely
through Zoom. Audience comments will be accommodated through Zoom, but the public is
requested to sign up for such testimony by calling 425-430-6501 or emailing
cityclerk@rentonwa.gov or jmedzegian@rentonwa.gov by 10 a.m. on the day of the meeting.
The public may also submit comments in writing to cityclerk@rentonwa.gov by 5 p.m. on the
day of the meeting.
For those wishing to attend by Zoom, please (1) click this link:
https://us02web.zoom.us/j/87006639675 (or copy the URL and paste into a web browser) or
(2) call-in to the Zoom meeting by dialing 253-215-8782 and entering 870 0663 9675, or (3)
call 425-430-6501 by 10 a.m. on the day of the meeting to request an invite with a link to the
meeting.
Those providing audience comments will be limited to 5 minutes each speaker unless an
exception is granted by the Council. Attendees will be muted and not audible to the Council
except during times they are designated to speak. Advance instructions for how to address
the Council will be provided to those who sign up in advance to speak and again during the
meeting.
1. CALL TO ORDER
2. ROLL CALL
3. ADMINISTRATIVE REPORT
4. AUDIENCE COMMENTS
NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any
ballot measure or candidate in City Hall and/or during any portion of the council meeting,
including the audience comment portion of the meeting, is PROHIBITED.
5. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and
the recommended actions will be accepted in a single motion. Any item may be removed for
further discussion if requested by a Councilmember.
a) Approval of Council Meeting minutes of August 10, 2020.
Council Concur
b) AB - 2694 Police Department recommends approval of a Cost Reimbursement
Agreement, with the King County Sheriff's Office, for overtime cost reimbursement for
verifying the address and residency of registered sex offenders and kidnapping offenders
in Renton.
Council Concur
c) AB - 2693 Transportation Systems Division recommends approval to execute Supplement
No. 1 to CAG-19-306, with Washington State Department of Transportation (WSDOT),
obligating $488,700 for the construction phase of the Renton Elementary and Middle
School Crossing project.
Refer to Finance Committee
d) AB - 2690 Utility Systems Division recommends approval of an engineering professional
services agreement with WSP USA, Inc., in the amount of $229,917, for the Stormwater
Facility Retrofit Study project.
Refer to Utilities Committee
6. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Finance Committee: Vouchers, Utility Billing Adjustments (KABA; TMJD, Pyne)
b) Utilities Committee: Kennydale Lakeline Sewer Contract; ExteNet Systems Franchise
Agreement*
7. LEGISLATION
Ordinances for first reading:
a) Ordinance No. 5978: ExteNet Systems, Inc. Franchise Agreement (See Item 6.b)
b) Ordinance No. 5979: Auto Mall District B (D-170 - Docket 14, Group E) - Approved via
6/8/2020 P&D Committee Report.
8. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
9. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
5:30 p.m. - MEETING REMOTELY
Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21
To view Council Meetings online, please visit rentonwa.gov/councilmeetings
August 10, 2020 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES ‐ City Council Regular Meeting
7:00 PM ‐ Monday, August 10, 2020
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER
Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM.
ROLL CALL
Councilmembers Present:
Ruth Pérez, Council President
(Arrived 7:04 p.m.)
Randy Corman, Council Position No. 1
Angelina Benedetti, Council Position No. 2
Valerie O'Halloran, Council Position No. 3
Ryan McIrvin, Council Position No. 4
Ed Prince, Council Position No. 5
Kim‐Khánh Vǎn, Council Position No. 7
(Councilmembers attended remotely)
Councilmembers Absent:
ADMINISTRATIVE STAFF PRESENT
Armondo Pavone, Mayor
Shane Moloney, City Attorney
Jason Seth, City Clerk
Julia Medzegian, Council Liaison
Kristi Rowland, Organizational Development Manager
Preeti Shridhar, Deputy Public Affairs Administrator
Jan Hawn, Administrative Services Administrator
Kelly Beymer, Community Services Administrator
Martin Pastucha, Public Works Administrator
Jennifer Henning, Planning Director
Cliff Long, Economic Development Director
Ron Straka, Utility Systems Director
Brittany Gillia, Assistant Planner
Joe Farah, Utility Engineering Manager
AGENDA ITEM #5. a)
August 10, 2020 REGULAR COUNCIL MEETING MINUTES
Vanessa Dolbee, Current Planning Manager
Commander Chad Karlewicz, Police Department
(All City staff attended remotely except City Clerk Seth)
PUBLIC HEARING
a) Economic Recovery Revocable Permits and Signs Ordinance 5974: This being the date set
and proper notices having been posted and published in accordance with local and State laws,
Mayor Pavone opened the public hearing to consider Interim Zoning Control to temporarily
allow "Economic Recovery Right‐of‐Way Use Permits" and "Economic Recovery Signs."
Assistant Planner Brittany Gillia reported that Emergency Ordinance 5974 was adopted on
July 13, 2020 and explained that the ordinance established an interim zoning control to
temporarily allow “Economic Recovery Right‐of‐Way Use Permits” and “Economic Recovery
Signs” until December 31, 2020 or when King County enters Phase 4 of the Governor’s Safe
Start Plan. She reported that Ordinance 5974 cites:
The public health crisis resulting from the novel coronavirus (COVID‐19) global
pandemic;
Effects on businesses due to COVID‐19;
Businesses with reduced capacities that could benefit from conducting business in
outdoor areas including City right‐of‐ways; and
The need for businesses to communicate reopening or current offerings via signage
Continuing, Ms. Gillia reported that any Renton business may apply for the permits, the
submittal requirements include an application page, site plan, justification letter, and a
Certificate of Insurance for proposals that include the use of public property. She added that
the permit application is free, however proposals that use public property will be charged a
nominal lease excise tax. Ms. Gillia further explained that qualifying business is allowed one
(1) Economic Recovery A‐Frame and any combination of Economic Recovery Event signage.
She then displayed photos of the different types of signs and proposed table set‐ups in public
right‐of‐way and private parking lots. Concluding, Ms. Gillia noted that businesses can email
thrive@rentonwa.gov or call 206‐502‐1742 for additional details.
There being no discussion or public comments, it was
MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL CLOSE THE PUBLIC
HEARING. CARRIED.
ADMINISTRATIVE REPORT
City Clerk Seth reviewed a written administrative report summarizing the City’s recent
progress towards goals and work programs adopted as part of its business plan for 2020 and
beyond. Items noted were:
King County will hold a free mask distribution event on Tuesday, August 11 for county
residents. The drive‐through event will be held from 1 to 5 p.m. at the county's Black
River Facility parking lot (900 Oakesdale Ave. SW, Renton, WA 98057). The event is
co‐sponsored by Amazon. Visitors will receive two (2) cloth reusable masks per family
AGENDA ITEM #5. a)
August 10, 2020 REGULAR COUNCIL MEETING MINUTES
member, up to six (6) family members. The maximum number of masks a vehicle can
receive is 12.
This Saturday, August 15 is National TRACK Trails Day! Cedar River Trail Park is the site
of the first TRACK Trail in Washington State –a free, self‐guided hike that uses
educational brochures for children and families. To celebrate, find Cedar River Trail
Park on the Kids in Parks website, register your hike this weekend, or participate in a
TRACK Trail E‐adventure in your backyard, neighborhood, or other park. Use the
hashtags #NationalTRACKTrailsDay and #LetsGoRTN to join the celebration.
Remember to practice social distancing and wear your mask while you are out and
about.
Limit the spread of COVID‐19 while in parks and on trails. We are still in Safe Start
Washington Phase 2, which means you are required to:
o Keep at least six feet of distance between each other
o Gather in groups of five people or less
o Use a face covering at all times
o Maintain proper hand washing techniques
Your cooperation will keep people safe and our parks and trail open!
Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AUDIENCE COMMENTS
Alicia Busch, Maple Valley, voiced appreciation for the recently passed resolution
adopting the 2021‐2026 Business Plan, but noted she was disappointed that it lacked
an ability to hold departments accountable for inaction.
Meena Merchant, Renton, noted that residents she had spoken to would like the
Black Lives Matter mural to be painted on a main road in Renton – not a wall mural
that had recently been proposed.
PreAnnia Smith, Renton, requested that the Black Lives Matter mural be painted on a
City street.
Rev. Toni Booker, Seattle, noted he is a social justice minister who works in Renton,
and requested the Black Lives Matter mural be painted on a City street.
Laretha Todd, Renton, requested that the Black Lives Matter mural be painted on a
City street.
Kayla Root, Black Diamond, requested that the Black Lives Matter mural be painted
on a City street.
Krysta Strasbaugh, Renton, expressed support for the Black Lives Matter mural,
requested the City only send police officers to schools with parents’ permission, and
asked if City leaders had read recent news article featuring the lived experiences of
some of Renton’s black residents.
Joseph Todd, thanked some Councilmembers for expressing support for Renton’s
black community and urged all of Council to do the same.
Tree Williams, Renton, requested that the Black Lives Matter mural be painted on a
City street.
AGENDA ITEM #5. a)
August 10, 2020 REGULAR COUNCIL MEETING MINUTES
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing.
a) Approval of Council Meeting minutes of August 3, 2020. Council Concur.
b) AB ‐ 2684 Administrative Services Department recommended approval of a utility billing
adjustment for a non‐residential property located at 4637 Sunset Blvd, property owner, KABA
Investments, LLC, in accordance with Renton Municipal Code 8‐4‐46 and 8‐5‐23 due to a
water leak, in the total amount of $10,866.70. Refer to Finance Committee.
c) AB ‐ 2686 Administrative Services Department recommended approval of a utility bill
adjustment for a non‐residential property located at 110 Rainier Ave S, property owner TMJD,
Inc., in accordance with Renton Municipal Code 8‐4‐46 and 8‐5‐23 due to a water leak, in the
total amount of $3,307.46. Refer to Finance Committee.
d) AB ‐ 2687 Administrative Services Department recommended approval of a utility bill
adjustment for a multi‐family property located at 517 Burnett Ave S, property owner John and
Jennifer Pyne, in accordance with Renton Municipal Code 8‐4‐6 and 8‐5‐23 due to a water
leak, in the total amount of $2,611.86. Refer to Finance Committee.
e) AB ‐ 2688 Community & Economic Development Department recommended adopting an
ordinance authorizing a franchise agreement with ExteNet System, Inc. as a purveyor of
telecommunication network for small cell technology within City right‐of‐ways. Refer to
Utilities Committee.
f) AB ‐ 2677 Utility Systems Division recommended approval of an engineering services
agreement, with Carollo Engineers, in the amount $1,188,560 for engineering services for the
Kennydale Lakeline Sewer System Improvement project. Refer to Utilities Committee.
MOVED BY PÉREZ, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA, AS PRESENTED. CARRIED.
UNFINISHED BUSINESS
a) Transportation/Aviation Committee Chair McIrvin presented a report concurring in the staff
recommendation to confirm Mayor Pavone’s appointments of Chuck Kegley (Airport‐at‐Large
alternate position, term expiring 5/7/23) and Charles Pepka (Washington State Pilots Association
alternate position, term expiring 5/7/23) to the Renton Airport Advisory Committee.
MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
b) Finance Committee Chair Prince presented a report concurring in the staff recommendation to
approve the following payments:
1. Accounts Payable – total payment of $4,481,587.26 for vouchers, 10166‐10169, 385629‐
385646 and 385657‐385969; payroll benefit withholding vouchers 6334‐6345, and
385647‐385656.
2. Payroll – total payment of $1,393,853.66 for payroll vouchers that include 583 direct
deposits.
MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
AGENDA ITEM #5. a)
August 10, 2020 REGULAR COUNCIL MEETING MINUTES
c) Finance Committee Chair Prince presented a report concurring in the staff recommendation to:
(1) approve the Grant Agreement authorizing reimbursement from FEMA and/or the State of
Washington for damages that occurred during a presidentially declared flooding disaster in
February of 2020; and (2) authorize the Mayor and City Clerk to execute the Washington State
Military Department Public Assistance Grant Agreement D20‐2010.
MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
d) Finance Committee Chair Prince presented a report concurring in the staff recommendation to:
(1) approve the Sunset Neighborhood Center Capital Grant Agreement with the Renton Housing
Authority for a $400,000 grant to help renovate the former Renton Highlands Library for the
Sunset Neighborhood Center; and (2) authorize the Mayor to execute said agreement in
substantially the same form.
MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
e) Finance Committee Chair Prince presented a report concurring in the staff recommendation to
authorize the reclassification of a 1.0 Traffic Maintenance Worker II (Pay Grade a12) to a 1.0
Senior Maintenance Worker (Pay Grade a15). Staff will continue to work through the recruitment
process with the Human Resources Risk Management Department and consult with AFSCME
Union 2170 on the job description and proposed pay grade. The fiscal impact of the
reclassification in 2020 is approximately $558.
MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
f) Finance Committee Chair Prince presented a report concurring in the staff recommendation to
authorize the Mayor and City Clerk to execute the Capital Improvements Agreement with the
King County Metro Transit Department, in amount not to exceed $1,500,000, for design services
that support access to transit services and facilities located in Renton.
MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE
RECOMMENDATION. CARRIED.
g) Planning & Development Committee Chair Corman presented a report concurring with the staff
and Planning Commission recommendation to adopt new countywide Flood Insurance Study (FIS)
and Flood Insurance Rate Maps (FIRM) that will become effective for all communities in King
County on August 19, 2020. The Committee also concurred with staff and the Planning
Commission recommendation to adopt revisions to Renton Municipal Code (RMC) Title IV,
Chapter 3, Critical Areas Regulations, and Chapter 11, Definitions, in order to implement the map
revisions and to be consistent with federal requirements. The Committee further recommended
that the ordinance regarding this matter be presented for first and advanced to second reading.
MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
h) Planning & Development Committee Chair Corman presented a report recommending
concurrence in the staff and Planning Commission recommendation to adopt amendments as
outlined by D‐173, Waived Fees. The Planning and Development Committee further
recommended that an ordinance for D‐173 be prepared and presented for first reading when
complete.
AGENDA ITEM #5. a)
August 10, 2020 REGULAR COUNCIL MEETING MINUTES
MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE
COMMITTEE REPORT. CARRIED.
LEGISLATION
Ordinance for first reading and advancement to second and final reading:
a) Ordinance No. 5977: An ordinance was read adopting the new countywide Flood Insurance
Study (FIS) and Flood Insurance Rate Maps (FIRM); adopting Appendix A, Standards For
Shallow Flooding Areas (AO Zones); revising flood hazard regulations by amending
subsections 4‐3‐050.D.3, 4‐3‐050.G.4.c.i, 4‐3‐050.G.4.c.vi, 4‐3‐050.G.4.d, 4‐3‐050.G.4.e, and 4‐
3‐050.J of the Renton Municipal Code; amending and adding new definitions in Sections 4‐11‐
010, 4‐11‐020, 4‐11‐060, 4‐11‐080, 4‐11‐130, 4‐11‐180, and 4‐11‐190 of the Renton Municipal
Code; providing for severability; and establishing an effective date.
MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL ADVANCE THE
ORDINANCE FOR SECOND AND FINAL READING AT TONIGHT'S MEETING.
CARRIED.
Following second and final reading, it was
MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL: ALL AYES. CARRIED.
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
ADJOURNMENT
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED.
TIME: 7:52 P.M.
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
10 Aug 2020
AGENDA ITEM #5. a)
Council Committee Meeting Calendar
August 10, 2020
August 17, 2020 Monday
NO MEETINGS Council Holiday
August 24, 2020 Monday
3:00 PM Utilities Committee, Chair O’Halloran - VIDEOCONFERENCE
1. ExteNet Systems Franchise Agreement
2. Kennydale Lakeline Sewer Project Agreement
3:45 PM Finance Committee, Chair Prince - VIDEOCONFERENCE
1. Utility Billing Adjustment, KABA Investments
2. Utility Billing Adjustment, TMJD, Inc.
3. Utility Billing Adjustment, Pyne
4. Vouchers
4:30 PM Planning & Development Committee, Chair Corman – VIDEO CONFERENCE
1. Emerging Issues in CED
2. Docket 15
3. Comprehensive Plan Amendments
5:30 PM Committee of the Whole, Chair Pérez – VIDEOCONFERENCE
1. 200 Mill Ave. Update
2. Capital Budget Presentation
7:00 PM City Council Meeting, Chair Pérez – VIDEOCONFERENCE
AGENDA ITEM #5. a)
AB - 2694
City Council Regular Meeting - 31 Aug 2020
SUBJECT/TITLE: Cost Reimbursement Agreement
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Police Department
STAFF CONTACT: Dave Leibman, Commander
EXT.: 7573
FISCAL IMPACT SUMMARY:
The Renton Police Department will be reimbursed up to $17,089.36 in overtime funds.
SUMMARY OF ACTION:
The proposed agreement would allow the Renton Police Department to receive from, and work with, the King
County Sheriff's Office for the purpose of verifying the address and residency of registered sex and kidnapping
offenders. The goal of this verification is to improve public safety by establishing a greater presence and
emphasis by the Renton Police Department in Renton neighborhoods. The Detectives work overtime doing
this, and then the Police Department submits the overtime to the King County Sheriff 's Office for
reimbursement under this grant.
EXHIBITS:
A. Cost Reimbursement Agreement
STAFF RECOMMENDATION:
Authorize the Mayor to sign the Cost Reimbursement Agreement.
AGENDA ITEM #5. b)
Cost Reimbursement Agreement
Executed By
King County Sheriff’s Office, a department of
King County, hereinafter referred to as “KCSO,”
Department Authorized Representative:
Mitzi Johanknecht, Sheriff
King County Sheriff’s Office
W-150 King County Courthouse
516 Third Avenue
Seattle, WA 98104
and
Renton Police Department, a department of the City of Renton, hereinafter referred to as
“”Contractor,”
Department Authorized Representative:
Ed VanValey, Chief of Police
1055 South Grady Way
Renton, Washington 98057
WHEREAS, KCSO and Contractor have mutually agreed to work together for the
purpose of verifying the address and residency of registered sex and kidnapping
offenders; and
WHEREAS, the goal of registered sex and kidnapping offender address and residency
verification is to improve public safety by establishing a greater presence and emphasis
by Contractor in King County neighborhoods; and
WHEREAS, as part of this coordinated effort, Contractor will increase immediate and
direct contact with registered sex and kidnapping offenders in their jurisdiction, and
WHEREAS, KCSO is the recipient of a Washington State Registered Sex and
Kidnapping Offender Address and Residency Verification Program grant through the
Washington Association of Sheriffs and Police Chiefs for this purpose, and
WHEREAS, KCSO will oversee efforts undertaken by program participants in King
County;
NOW THEREFORE, the parties hereto agree as follows:
KCSO will utilize Washington State Registered Sex and Kidnapping Offender Address
and Residency Verification Program funding to reimburse for expenditures associated
AGENDA ITEM #5. b)
Cost Reimbursement Agreement
Page 2 of 6 August 26, 2020
with the Contractor for the verification of registered sex and kidnapping offender address
and residency as set forth below. This Interagency Agreement contains eleven (11)
Articles:
ARTICLE I. TERM OF AGREEMENT
The term of this Cost Reimbursement Agreement shall commence on July 1, 2020
and shall end on June 30, 2021 unless terminated earlier pursuant to the provisions
hereof.
ARTICLE II. DESCRIPTION OF SERVICES
This agreement is for the purpose of reimbursing the Contractor for participation in
the Registered Sex and Kidnapping Offender Address and Residency Verification
Program. The program’s purpose is to verify the address and residency of all
registered sex and kidnapping offenders under RCW 9A.44.130.
The requirement of this program is for face-to-face verification of a registered sex
and kidnapping offender’s address at the place of residency. In the case of
level I offenders, once every twelve months.
of level II offenders, once every six months.
of level III offenders, once every three months.
For the purposes of this program unclassified offenders and kidnapping offenders
shall be considered at risk level I, unless in the opinion of the local jurisdiction a
higher classification is in the interest of public safety.
ARTICLE III. REPORTING
Two reports are required in order to receive reimbursement for grant-related
expenditures. Both forms are included as exhibits to this agreement. “Exhibit A” is
the Offender Watch generated “Registered Sex Offender Verification Request (WA)”
that the sex or kidnapping offender completes and signs during a face-to-face contact.
“Exhibit B” is an “Officer Contact Worksheet” completed in full by an
officer/detective during each verification contact. Both exhibits representing each
contact are due quarterly and must be complete and received before reimbursement
can be made following the quarter reported.
Original signed report forms are to be submitted by the 5th of the month following
the end of the quarter. The first report is due October 5, 2020.
Quarterly progress reports shall be delivered to
Attn: Tina Keller, Project Manager
King County Sheriff’s Office
500 Fourth Avenue, Suite 200
M/S ADM-SO-0200
Seattle, WA 98104
AGENDA ITEM #5. b)
Cost Reimbursement Agreement
Page 3 of 6 August 26, 2020
Phone: 206-263-2122
Email: tina.keller@kingcounty.gov
ARTICLE IV. REIMBURSEMENT
Requests for reimbursement will be made on a monthly basis and shall be forwarded
to KCSO by the 10th of the month following the billing period.
Please note the following terms will be adhered to for the 2020-2021 Registered Sex
Offender Address Verification Program:
Any agency not meeting at least 90% of required verifications will not receive
that quarter’s grant payment.
Any agency not using Offender Watch to track verifications will not receive
that quarter’s grant payment.
Overtime reimbursements for personnel assigned to the Registered Sex and
Kidnapping Offender Address and Residency Verification Program will be calculated
at the usual rate for which the individual’s’ time would be compensated in the
absence of this agreement.
Each request for reimbursement will include the name, rank, overtime compensation
rate, number of reimbursable hours claimed and the dates of those hours for each
officer for whom reimbursement is sought. Each reimbursement request must be
accompanied by a certification signed by an appropriate supervisor of the department
that the request has been personally reviewed, that the information described in the
request is accurate, and the personnel for whom reimbursement is claimed were
working on an overtime basis for the Registered Sex and Kidnapping Offender
Address and Residency Verification Program.
Overtime and all other expenditures under this Agreement are restricted to the
following criteria:
1. For the purpose of verifying the address and residency of registered sex
and kidnapping offenders; and
2. For the goal of improving public safety by establishing a greater presence
and emphasis in King County neighborhoods; and
3. For increasing immediate and direct contact with registered sex and
kidnapping offenders in their jurisdiction
Any non-overtime related expenditures must be pre-approved by KCSO. Your
request for pre-approval must include: 1) The item you would like to purchase,
AGENDA ITEM #5. b)
Cost Reimbursement Agreement
Page 4 of 6 August 26, 2020
2) The purpose of the item, 3) The cost of the item you would like to purchase. You
may send this request for pre-approval in email format. Requests for reimbursement
from KCSO for the above non-overtime expenditures must be accompanied by a
spreadsheet detailing the expenditures as well as a vendor’s invoice and a packing
slip. The packing slip must be signed by an authorized representative of the
Contractor.
All costs must be included in the request for reimbursement and be within the overall
contract amount. Over expenditures for any reason, including additional cost of sales
tax, shipping, or installation, will be the responsibility of the Contractor.
Requests for reimbursement must be sent to
Attn: Tina Keller, Project Manager
King County Sheriff’s Office
500 Fourth Avenue, Suite 200
Seattle, WA 98104
Phone: 206-263-2122
Email: tina.keller@kingcounty.gov
The maximum amount to be paid under this cost reimbursement agreement shall not
exceed Seventeen Thousand Eighty Nine Dollars and Thirty Six Cents ($17,089.36).
Expenditures exceeding the maximum amount shall be the responsibility of
Contractor. All requests for reimbursement must be received by KCSO by July 31,
2021 to be payable.
ARTICLE V. WITNESS STATEMENTS
"Exhibit C” is a “Sex/Kidnapping Offender Address and Residency Verification
Program Witness Statement Form.” This form is to be completed by any witnesses
encountered during a contact when the offender is suspected of not living at the
registered address and there is a resulting felony “Failure to Register as a Sex
Offender” case to be referred/filed with the KCPAO. Unless, due to extenuating
circumstances the witness is incapable of writing out their own statement, the
contacting officer/detective will have the witness write and sign the statement in their
own handwriting to contain, verbatim, the information on the witness form.
ARTICLE VI. FILING NON-DISCOVERABLE FACE SHEET
“Exhibit D” is the “Filing Non-Discoverable Face Sheet.” This form shall be
attached to each “Felony Failure to Register as a Sex Offender” case that is referred
to the King County Prosecuting Attorney’s Office.
ARTICLE VII. SUPPLEMENTING, NOT SUPPLANTING
AGENDA ITEM #5. b)
Cost Reimbursement Agreement
Page 5 of 6 August 26, 2020
Funds may not be used to supplant (replace) existing local, state, or Bureau of Indian
Affairs funds that would be spent for identical purposes in the absence of the grant.
Overtime - To meet this grant condition, you must ensure that:
Overtime exceeds expenditures that the grantee is obligated or funded to pay
in the current budget. Funds currently allocated to pay for overtime may not
be reallocated to other purposes or reimbursed upon the award of a grant.
Additionally, by the conditions of this grant, you are required to track all
overtime funded through the grant.
ARTICLE VIII. HOLD HARMLESS/INDEMNIFICATION
Contractor shall protect, defend, indemnify, and save harmless King County, its
officers, employees, and agents from any and all costs, claims, judgments, and/or
awards of damages, arising out of, or in any way resulting from, the negligent acts or
omissions of Contractor, its officers, employees, contractors, and/or agents related to
Contractor’s activities under this Agreement. Contractor agrees that its obligations
under this paragraph extend to any claim, demand, and/or cause of action brought by,
or on behalf of any of its employees or agents. For this purpose, Contractor, by
mutual negotiation, hereby waives, as respects King County only, any immunity that
would otherwise be available against such claims under the Industrial Insurance
provisions of Title 51 RCW. In the event King County incurs any judgment, award,
and/or cost arising therefrom including attorney’s fees to enforce the provisions of
this article, all such fees, expenses, and costs shall be recoverable from Contractor.
The provisions of this section shall survive the expiration or termination of this
Agreement.
ARTICLE IX. INSURANCE
Contractor shall maintain insurance policies, or programs of self-insurance, sufficient
to respond to all of its liability exposures under this Agreement. The insurance or
self-insurance programs maintained by the Contractor engaged in work contemplated
in this Agreement shall respond to claims within the following coverage types and
amounts:
General Liability. Coverage shall be at least as broad as Insurance Services
Office form number CG 00 01 covering COMMERCIAL GENERAL
LIABILITY. $5,000,000 combined single limit per occurrence, and for those
policies with aggregate limits, a $5,000,000 aggregate limit. King County, its
officers, officials, employees, and agents are to be covered as additional insureds
as respects liability arising out of activities performed by or on behalf of the City.
Additional Insured status shall include Products-Completed Operations-CG 20 10
11/85 or its equivalent.
AGENDA ITEM #5. b)
Cost Reimbursement Agreement
Page 6 of 6 August 26, 2020
By requiring such liability coverage as specified in this Article IX, King County has
not, and shall not be deemed to have, assessed the risks that may be applicable to
Contractor. Contractor shall assess its own risks and, if deemed appropriate and/or
prudent, maintain greater limits or broader coverage than is herein specified.
Contractor agrees to maintain, through its insurance policies, self-funded program or
an alternative risk of loss financing program, coverage for all of its liability exposures
for the duration of this Agreement. Contractor agrees to provide KCSO with at least
thirty (30) days prior written notice of any material change or alternative risk of loss
financing program.
ARTICLE X. NO THIRD PARTY BENEFICIARIES
There are no third party beneficiaries to this agreement. This agreement shall not
impart any right enforceable by any person or entity that is not a party hereto.
ARTICLE XI. AMENDMENTS
No modification or amendment of the provisions hereof shall be effective unless in
writing and signed by authorized representatives of the parties hereto. The parties
hereto expressly reserve the right to modify this Agreement, by mutual agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by having their
representatives affix their signatures below.
Renton Police Department KING COUNTY SHERIFF’S
OFFICE
Armondo Pavone, Mayor Mitzi Johanknecht, Sheriff
Date Date
Attest:
Jason Seth, City Clerk Date
City Attorney, City of Renton Date
AGENDA ITEM #5. b)
£X|-IIMT A
Page:1
Veri?cation Request
Administrator:King County Sheriff's Of?ce RSCPhone:(208)263-2120 Date:6/16/2016Agency:King County WA Sheriffs Of?ce
Offender information Offender Photo
Name test .test Registration #2353755
POB SSN
DOB 01/01/1990 Age 26 Alt Reg #
Sex orient Drv.Lic.lState PHOTO NOT AVAILABLE
Race Nat.No Selection FBI
Height Hair state |[)
Weight Eyes Last Verified:
Risk Type
_
Date
Comm.
Active Officer Alert
LOOK HERE FOR OFFICER SAFETY INFORMATION
Employment/School
Name Address Supervisor Phone
Residence (Bold -Primary Home Address)
Street '
Alias
Phone (Bold -Primary Contact Numbers)503|‘5/Ta?°0S
Number Type Description Location Type Description
Vehicle
Make 'Model Color Year License State VIN Comments
Offense
Date RS Code/Description Convicted Released Case #Crime Details
do hereby attest,under penalties of perjury,that any and all information contained here is
current and accurate on this day of 20
Offender Signature:
Officer Signature:Date:
Produced by Offenderwaich -www.waichsystems.com
AGENDA ITEM #5. b)
Exhibit B REGISTERED SEX OFFENDER ADDRESS VERIFICATION
OFFICER CONTACT WORKSHEET
OFFENDER DETAILS:
OFFENDER’S NAME: DOB:
ADDRESS: CITY/STATE/ZIP:
OFFENDER PHONE: ZIP CODE.:
EMPLOYER: WORK PHONE:
OFFENDER LEVEL IF KNOWN: FORM OF ID:
DATE & TIME OF CONTACTS: *SEE KEY BELOW FOR CODING
DATE /
TIME:
RESULT:
DATE/
TIME:
RESULT:
DATE /
TIME:
RESULT:
DATE/
TIME:
RESULT:
DATE /
TIME:
RESULT:
DATE/
TIME:
RESULT:
RESULT OF CONTACT:
MADE IN PERSON CONTACT: YES NO FTR CASE NUMBER ASSIGNED IF NO
CONTACT MADE:
STATEMENT TAKEN: YES NO
REPORTING PARTY INFORMATION:
REPORTING PERSON: DOB:
MAILING ADDRESS: CITY/ZIP:
TELEPHONE: ALT #
RELATION TO OFFENDER:NONE (UNKNOWN) KNOWN RELATION:
*CONTACT CODE KEY:1 = OFFENDER MOVED 5 = HOUSE FOR SALE 9 = TOOK STATEMENT
2 = BAD ADDRESS 6 = ARRESTED
3 = NOT HOME 7 = OFFENDER IN JAIL
4 = CHANGE OF ADDRESS 8 = DEAD
OFFICER/DETECTIVE: AGENCY:AGENDA ITEM #5. b)
EXHIBIT C
Date______________ Agency/Officer___________________ Incident number__________________
Under penalty of perjury of the laws of the State of Washington, I certify that the foregoing is
true and correct.
Witness’ Signature ____________________________________________ date ____________________
Witness Statement – Failure to Register
Suspect’s Name: ________________________________________________________________
Suspect’s Last Registered Address: _________________________________________________
Witness’ Name: _________________________________________________________________
Witness’s Home Address: _________________________________________________________
Witness’ Home Phone Number________________ Cell:_____________Other: ______________
How do they know the suspect (please be as detailed as possible)?_________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
*If suspect rented an apartment or a room from the witness, please have them provide a copy of
any documentations to this effect and any documentations the suspect moved out.
Did the witness ever see the suspect at his/her last registered address? _____________________
How often would they see him/her there?_____________________________________________
When did the witness start seeing him/her there?_______________________________________
When did they stop?_____________________________________________________________
Why did the suspect stop staying at the address?_______________________________________
Did the suspect keep any personal belongings there? ___________________________________
______________________________________________________________________________
In general, when is the last time they saw the suspect ? _________________________________
Do they know where the suspect moved to or their current whereabouts? ___________________
______________________________________________________________________________
______________________________________________________________________________
Can they provide the names and contact information of any other witnesses who would have seen
the suspect staying at his/her last registered address?____________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Is the witness willing to assist in prosecution? ________________________________________
AGENDA ITEM #5. b)
EXHIBIT D
TO: KCPAO – Special Assault Unit – Seattle DATE:
FROM: INCIDENT #:
AGENCY:
SUSPECT #1:
DOB: RACE: SEX: M F HGT: WGT:
SUSP #1 ADDRESS:
CHARGE: Failure to Register as a Sex Offender DATE OF CRIME:
VICTIM #1: State of Washington DOB:
VICTIM #2: DOB:
INTERVIEWED BY: NO ONE DPA NAME:
TYPE OF CASE: FTR - Failure To Register OTHER TYPE:
THIS CASE IS BEING REFERRED FOR THE FOLLOWING REASONS
FILING OF CHARGES: - Comments:
DECLINE: - Comments:
.
WASPC GRANT FILING
NON-DISCOVERABLE
AGENDA ITEM #5. b)
Case Referral Received by KCPAO on this date:
Case filed by KCPAO: YES NO
Cause Number Assigned:
If no, please indicate why:
Other Explanation:
WASPC STATISTICAL REPORTING TO KCSO
AGENDA ITEM #5. b)
AB - 2693
City Council Regular Meeting - 31 Aug 2020
SUBJECT/TITLE: Supplement No. 1 to CAG-19-306 with the Washington State
Department of Transportation Local Agency Agreement for the
Renton Elementary and Middle School Crossings Project
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Flora Lee, Transportation Project Manager
EXT.: 7303
FISCAL IMPACT SUMMARY:
The Transportation Systems Division was awarded funding through the Washington State Department of
Transportation for the Renton Elementary and Middle School Crossings Project (TIP No. 24) in the amount of
$555,000. The grant funded the preliminary engineering of the project. This agreement will obligate funds for
the construction phase of the project in the amount of $488,700.
SUMMARY OF ACTION:
The Renton Elementary and Middle School Crossings Project was selected for a $555,000 City Safety grant for
improvements at Sierra Heights and Maplewood Heights elementary schools and McKnight Middle School.
The attached Local Agency Agreement Supplement No. 1 and updated Prospectus with the Washington State
Department of Transportation (WSDOT) is required in order to obligate grant funding for the construction
phase of the project in the amount of $488,700. WSDOT requires separate obligation agreements f or each
phase of a project to which grant funds are awarded. The preliminary engineering funds were obligated in
2019. The remainder of the awarded grant funds will need to be obligated in September, and construction is
anticipated to begin in late 2020. The construction phase has an estimated cost of $675,665 and the
additional budget need of $186,965 will be transferred from unassigned Mitigation Fund 305 as part of the
next budget adjustment.
This grant provides necessary funds for design and construction of pedestrian improvements at various
elementary and middle school crossings throughout the city. Project scope includes upgraded crosswalk
markings, ADA accessible curb ramps, widened sidewalks and bulb outs and the installation of pedestrian
refuge islands with rectangular rapid flashing beacon systems and accessible push buttons.
EXHIBITS:
A. Project Prospectus
B. Local Agency Agreement Supplement No. 1
C. Vicinity Map
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute Supplement No. 1 toLocal Agency Agreement
CAG-19-306 with the Washington State Department of Transportation.
AGENDA ITEM #5. c)
Washington State Department of Transportation Local Agency Federal Aid Project Prospectus
,-----Prefix i Route --, } I Date i 7/24/2020 Federal Aid Pro·ect Number HSIP-OOOS(533) DUNS Number I 092278894
I I Local Agency Project Number LA-9739 Use Only Tax ID Number ( WSDOT )l Federal Employer, 916001271··-··--·-· -·-=-====::::;=��--=-____:_--,--------Agency City of Renton 1 CA Agency Federal Program 1itle [{] Y��D_No R1 20.205 □�o_th_e_r -�----Project Title Start Latitude NV arious Start Longitude w Various Renton Elementary and Middle School Crossings End Latitude N See Attached End_ Longitude W See 1?-t_!�c-�€?d Project Termini From-To Various, See Attached Various, See Attached Begin Mile Post End Mile Post
NIA NIA Route ID
NIA
Begin Mile Point
NIA
Length of Project 0.0 miles End Mile Point
NIA
Nearest City Name Renton oje-ct Zip Code (+4} 8056/98059 -----.. -----Award Type [✓] Local D Local Forces D State D Railroad
1070 17 King WSDOT Region orthwcst Region Legislative District(s} 11
I City Number County Numbe� l County Name
Congressional District(s} 7-Urban Area Number
Phase
P.E. RMI Const. [Tot§l_l
Total
Estimated Cost (Nearest Hundred Dollar) $214,149
9 __l!_.---=-1 __ _
Local Agency -11F d I F d Phase Start -
Funding e era un s Date {Nearest Hundred Dollarl (Nearest Hundred Dollar) Month Year $147,849 ---$66,300 ---1012019 n/a n/a n/a n/a $675,665 $889,814
------------1$186,965 $488,700 i9/2020
1 $334,_814 $555,000 ---=====�--
-
Description of Existing Facility (Existing Design and Present Condition)Roadway Width - - -l Number�f Lanes
Varies __ ______ Var_ie_s ___ _For detailed existing facility description, see attached Exhibit B.
Description of Proposed Work ---·-· ----·-------------------------· ----Description of Proposed Work (Attach additional sheet(s) if necessary) This project will upgrade crosswalk markings, upgrade to ADA accessible curb ramps, install a pedestrian refuge island and rectangular rapid flashing beacon systems with accessible push buttons, and ,vi.den
[_sidewalks_as ""=!�a_s i�stall bulbouts._ .. =---=====....:.--inue
_ __ Civil Engineer III/Project Manager Phone 425-430-7303Local Ag;��Y Conta�tP;rson Flora Lee ___Mailing Address I City State Zip Code 1055 S Grady Way ---............,�-I Rent�n WA j 98057 ___ --i
By �...,,4�Approv·1ng Authon·ty ____ _Project Prospectus
DOT Form 140�101
Revised 04/2015
Title Transportation Design Manager
Previous Editions Obsolete
AGENDA ITEM #5. c)
AGENDA ITEM #5. c)
AGENDA ITEM #5. c)
AGENDA ITEM #5. c)
AGENDA ITEM #5. c)
DOT Form 140-041
Revised 05/2020
Page 1
Local Agency Agreement Supplement
Agency Supplement Number
Federal Aid Project Number Agreement Number CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
The Local Agency requests to supplement the agreement number noted above.
All provisions in the basic agreement remain in effect except as modified by this supplement.
The Local Agency certifies that it is not excluded from receiving Federal funds by a Federal suspension or debarment
(2 CFR Part 180). Additional changes to the agreement are as follows:
Project Description
Name Length
Termini
Description of Work No Change
Reason for Supplement
Are you claiming indirect cost rate? Yes No Project Agreement End Date
Does this change require additional Right of Way or Easements? Yes No Advertisement Date:
Type of Work
Estimate of Funding
(1)
Previous
Agreement/Suppl.
(2)
Supplement
(3)
Estimated Total
Project Funds
(4)
Estimated Agency
Funds
(5)
Estimated Federal
FundsPE
%a. Agency
b. OtherFederal Aid
Participation
Ratio for PE
c. Other
d. State
e. Total PE Cost Estimate (a+b+c+d)Right of Way
%f. Agency
g. OtherFederal Aid
Participation
Ratio for RW
h. Other
i. State
j. Total R/W Cost Estimate (f+g+h+i)Construction
%k. Contract
l. Other
m. OtherFederal Aid
Participation
Ratio for CN
n. Other
o. Agency
p. State
q. Total CN Cost Estimate (k+l+m+n+o+p)
r. Total Project Cost Estimate (e+j+q)
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a
condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions.
Agency Official Washington State Department of Transportation
By By
Title Director, Local Program
Date Executed
AGENDA ITEM #5. c)
DOT Form 140-041
Revised 05/2020
Page 2
Agency Supplement Number
Federal Aid Project Number Agreement Number CFDA No. 20.205
(Catalog of Federal Domestic Assistance)
VI. Payment and Partial Reimbursement
The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid
by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation
Act, as amended, 2 CFR Part 200. The State shall not be ultimately responsible for any of the costs of the project. The
Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal
Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal
participation in this project.
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws.
The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred
costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead
shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with
the regulations outlined in 2 CFR Part 200 - Uniform Admin. Requirements, Cost Principles and Audit Requirements for
Federal Awards, and retained for audit.
The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government
for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly
allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the
Federal Government (see Section IX).
VII. Audit of Federal Consultant Contracts
The Agency, if services of a consultant are required, shall be responsible for audit of the consultant’s records to determine
eligible federal aid costs on the project. The report of said audit shall be in the Agency’s files and made available to the
State and the Federal Government.
An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental
auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United
States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of
understanding between WSDOT and FHWA; and 2 CFR Part 200.501 - Audit Requirements.
If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the
Agency shall reimburse the State for the amount of such overpayment or excess participation.
IX. Payment of Billing
The Agency agrees that if payment or arrangement for payment of any of the State’s billing relative to the project (e.g.,
State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State
within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular
monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be
approved until full payment is received unless otherwise directed by the Director, Local Programs.
Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200.309).
Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs
incurred prior to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project
Agreement End Date or they become ineligible for federal reimbursement.
VIII. Single Audit Act
The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as
well as all applicable federal and state statutes and regulations. A subrecipient who expends $750,000 or more in federal
awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in
accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for
ensuring that a copy of the report is transmitted promptly to the State.
XVII. Assurances
Local Agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway
Administration, Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy
statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities and
services will be conducted in compliance with Section 504 and the Americans with Disabilities Act (ADA).
AGENDA ITEM #5. c)
Instructions
1.Agency – Enter the agency name as entered on the original agreement.
2.Supplemental Number – Enter the number of the supplement. Supplement numbers will be
assigned in sequence beginning with Number 1 for the first supplement.
3.Project Number – Enter the federal aid project number assigned by WSDOT on the original
agreement.
4.Agreement Number – Enter the agreement number assigned by WSDOT on the original
agreement.
5.Project Description. Enter the project name, length, and termini.
6.Description of Work – Clearly describe if there is a change in work such as the addition or
deletion of work elements and/or changes to the termini. If the work has not changed, put a
check mark in the “No Change” box.
7.Reason for Supplement – Enter the reason for this supplement, i.e., increase PE funding to
cover design changes presented in the revised prospectus; request funding of construction
phase; decrease construction funding to the contract bid amount. If the supplement is
authorizing a construction phase, the project’s proposed advertisement date must be included in
the space provided.
8.Change Requiring Additional Right of Way or Easements – Check the Yes box when the
supplement covers a change in scope (Description of Work or Termini) that requires additional
property rights than was previously expected, or when it’s determined that property rights are
necessary and the project was previously submitted as no right of way required. Check No when
this is the case.
9.Claiming Indirect Cost Rate – Check the Yes box if the agency will be claiming indirect costs on
the project. For those projects claiming indirect costs, supporting documentation that clearly
shows the indirect cost rate being utilized must be provided with the supplement. Indirect cost
rate approval by your cognizant agency or through your agency’s self-certification and
supporting documentation is required to be available for review by FHWA, WSDOT and /or State
Auditor. Check the No box if the agency will not be claiming indirect costs on the project. See
Section 23.5 for additional guidance.
10.Project Agreement End Date – Enter your previously established Project Agreement End Date. If
authorizing a new phase of the project, update the Project Agreement End Date based on the
following guidance:
a.For PE and RW – WSDOT recommends agencies estimate when the phase will be
completed and add three years to determine the “Project Agreement End Date”.
b.For Construction – WSDOT recommends agencies estimate when construction will be
completed and add three years to determine the “Project Agreement End Date”.
c.If an extension to a Project Agreement End Date is required between phase
authorizations, the need for the extension must be described in the Reason for
Supplement. Adequate justification to approve the extension must be submitted with
the supplement. See Section 22.3 for additional guidance.
AGENDA ITEM #5. c)
11.Type of Work and Funding – Complete this section in the manner described in Appendix
22.52.05.
a.Column 1 – Enter the amounts from column 1 of the original local agency agreement. If
the agreement has already been supplemented, enter the amounts by type of work
from column 3 of the last supplemental agreement.
b.Column 2 – Enter additional amounts requested by type of work.
c.Column 3 – Add the amounts in columns 1 and 2.
d.Columns 4 and 5 – Enter the appropriate amounts based on the participation ratio
recorded on the original agreement.
12.Signatures – An authorized official of the local agency signs the Supplemental Agreement, and
writes in their title. Submit one originally signed supplement form to the Region Local Programs
Engineer. It is the responsibility of the local agency to submit an additional, originally signed
agreement form if they need an executed agreement for their file. Note: Do NOT enter a date
on the Date Executed line.
AGENDA ITEM #5. c)
ExhibitARentonElementaryandMiddleSchoolCrossings—ProjectDescription-TermmiMcKnightMiddleSchoolEdmondsAveNEatNE16thSt.SierraHeightsElementarySchoolUnionAveNEtoSouthofNE25thP1.MaplewoodHeightsElementarySchoolJerichoAveNE/144t’AveSEtoSofNE1stSt.AGENDA ITEM #5. c)
Renton Elementary and Middle School Crossings—Vicinity Map AGENDA ITEM #5. c)
AB - 2690
City Council Regular Meeting - 31 Aug 2020
SUBJECT/TITLE: Agreement with WSP USA, Inc. for the Stormwater Facility Retrofit
Study Project
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Ken Srilofung, Surface Water Utility Engineer
EXT.: 7247
FISCAL IMPACT SUMMARY:
Funding for this agreement in the amount of $229,917 is available from the approved 2020 Capital
Improvement Program budget for the Stormwater Facility Retrofit Study Project (427.475516). The project is
partially funded by the Washington State Department of Ecology Water Quality Grant Agreement WQC -2020-
Renton-00016. There is sufficient funding in the budget to cover this agreement.
SUMMARY OF ACTION:
The purpose of the Stormwater Facility Retrofit Study Project (SWP274129) is to identify, rank and prioritize
water quality treatment retrofits that can be feasibly made to the city’s existing flow control facilities, mainly
detention ponds, vaults and tanks. Most of these city-owned existing flow control facilities are in residential
areas, and reduce peak stormwater flows from roofs, driveways, sidewalks and streets. These facilities do not
provide any runoff treatment in areas developed prior to implem entation of runoff treatment requirements.
This study will assess all flow control facilities with no treatment components that discharge untreated runoff
to the nearest water body. The overall goal is to protect and restore water quality in the waters o f the state
by reducing the discharge of untreated stormwater from existing infrastructure and development.
Several engineering firms registering in the Municipal Research and Services Center (MRSC) Consultant Roster
were evaluated. WSP USA, Inc. was selected as the most qualified and experienced. Project work under this
agreement includes:
• Summarize and review existing stormwater and water quality data.
• Identify existing levels of runoff treatment and areas that do not meet current city standards.
• Identify runoff treatment retrofit locations, treatment volume and types of treatment.
• Prioritize sites for stormwater retrofit.
• Identify three highest priority project sites for runoff treatment retrofit from the prioritized list
including conceptual design and cost estimate for each site.
EXHIBITS:
A. Agreement
B. Vicinity Map
STAFF RECOMMENDATION:
Execute the agreement with WSP USA, Inc. in the amount of $229,917 for engineering professional services for
the Stormwater Facility Retrofit Study Project.
AGENDA ITEM #5. d)
AGREEMENT FOR THE CITY OF RENTON STORMWATER FACILITY
RETROFIT STUDY PROJECT
THIS AGREEMENT, dated____________, is by and between the City of Renton (the “City”), a
Washington municipal corporation, and the WSP USA Inc. (“Consultant”), a New York
Corporation. The City and the Consultant are referred to collectively in this Agreement as the
“Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed
by both parties.
1.Scope of Work: Consultant agrees to provide the services as specified in Exhibit A-B,
which is attached and incorporated herein and may hereinafter be referred to as the
“Work.”
2.Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit B or as otherwise mutually
agreed by the Parties.
3.Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later
than June 30, 2022.
4.Compensation:
A.Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $229,917, plus any applicable state and local sales taxes.
Compensation shall be paid as a flat rate fixed sum based upon Work actually
performed according to the rate(s) or amounts specified in Exhibit B. The Consultant
agrees that any hourly or flat rate charged by it for its Work shall remain locked at the
negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit B.
Except as specifically provided herein, the Consultant shall be solely responsible for
payment of any taxes imposed as a result of the performance and payment of this
Agreement.
B.Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Consultant shall submit a voucher or invoice in a form
specified by the City, including a description of what Work has been performed, the
AGENDA ITEM #5. d)
PAGE 2 OF 10
name of the personnel performing such Work, and any hourly labor charge rate for
such personnel. The Consultant shall also submit a final bill upon completion of all
Work. Payment shall be made by the City for Work performed within thirty (30)
calendar days after receipt and approval by the appropriate City representative of the
voucher or invoice. If the Consultant’s performance does not meet the requirements
of this Agreement, the Consultant will correct or modify its performance to comply
with the Agreement. The City may withhold payment for work that does not meet the
requirements of this Agreement.
C.Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D.Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5.Termination:
A.The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event
of such termination or suspension, all finished or unfinished documents, data, studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B.In the event this Agreement is terminated by the City, the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
6.Warranties And Right To Use Work Product: Consultant represents that Consultant will
perform all Work identified in this Agreement in a professional and workmanlike manner
AGENDA ITEM #5. d)
PAGE 3 OF 10
and in accordance with all reasonable and professional standards and laws. Compliance
with professional standards includes, as applicable, performing the Work in compliance
with applicable City standards or guidelines (e.g. design criteria and Standard Plans for
Road, Bridge and Municipal Construction). Professional engineers shall certify
engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW
18.43.070. Consultant further represents and warrants that all final work product created
for and delivered to the City pursuant to this Agreement shall be the original work of the
Consultant and free from any intellectual property encumbrance which would restrict the
City from using the work product. Consultant grants to the City a non-exclusive, perpetual
right and license to use, reproduce, distribute, adapt, modify, and display all final work
product produced pursuant to this Agreement. The City’s or other’s adaptation,
modification or use of the final work products other than for the purposes of this
Agreement shall be without liability to the Consultant. The provisions of this section shall
survive the expiration or termination of this Agreement.
7.Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8.Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim
or litigation related to a Public Records Act request for wh ich Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of this Agreement.
9.Independent Contractor Relationship:
AGENDA ITEM #5. d)
PAGE 4 OF 10
A.The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement. The nature of the relationship between the Consultant and the City
during the period of the Work shall be that of an independent contractor, not
employee. The Consultant, not the City, shall have the power to control and direct the
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B.The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C.If the Consultant is a sole proprietorship or if this Agreement is with an individual, the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant’s failure to do so.
10.Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant , except for that portion of the claims caused by
the City’s sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate…) then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
Consultant and the City, its officers, officials, employees and volunteers, Consultant’s
liability shall be only to the extent of Consultant’s negligence.
AGENDA ITEM #5. d)
PAGE 5 OF 10
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant’s waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant’s performance of the Work.
12. City of Renton Business License: The Consultant shall obtain a City of Renton Business
License prior to performing any Work and maintain the business license in good standing
throughout the term of this agreement with the City.
Information regarding acquiring a city business license can be found at:
http://www.rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=9824882
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/doing-business/register-my-business
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
AGENDA ITEM #5. d)
PAGE 6 OF 10
limit, if there will be any use of Consultant’s vehicles on the City’s Pr emises by or on
behalf of the City, beyond normal commutes.
E.Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City’s insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City’s
recourse to any remedy available at law or in equity.
F.Subject to the City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G.Consultant shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
14.Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable
control occur, the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
15.Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16.Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return recei pt
requested, by facsimile or by nationally recognized overnight courier service. Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
CITY OF RENTON
Joseph Farah
Surface Water Engineering Manager
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-7248
jfarah@rentonwa.gov
CONSULTANT
Michael S. Giseburt
1301 Fifth Ave Suite 1200
Seattle, WA. 98101
Phone: (206) 453-1549
Michael.Giseburt@wsp.com
Fax: (206) 453-5601
AGENDA ITEM #5. d)
PAGE 7 OF 10
Fax: (425) 430-7241
17.Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A.Consultant, and Consultant’s agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B.The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C.If the Consultant fails to comply with any of this Agreement’s non -discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D.The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton
Council Resolution Number 4085.
18.Miscellaneous: The parties hereby acknowledge:
A.The City is not responsible to train or provide training for Consultant.
B.Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C.Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
AGENDA ITEM #5. d)
PAGE 8 OF 10
D.In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E.This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision of
Work called for in this Agreement.
F.Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G.Consultant is responsible for his/her own Worker’s Compensation coverage as well as
that for any persons employed by the Consultant.
19.Other Provisions:
A.Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B.General Administration and Management. The City’s project manager is Ken
Srilofung. In providing Work, Consultant shall coordinate with the City’s contract
manager or his/her designee.
C.Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D.Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E.Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant’s employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
AGENDA ITEM #5. d)
PAGE 9 OF 10
F.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
G.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor. Consultant
hereby expressly consents to the personal and exclusive jurisd iction and venue of
such court even if Consultant is a foreign corporation not registered with the State of
Washington.
H.Severability. A court of competent jurisdiction’s determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I.Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J.Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant’s performance of
this Agreement.
K.Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
Except that in accordance with CAG- 20-148 Agreement No. WQC- 2020- Renton-
00016 WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND THE CITY OF RENTON,
Paragraph 29, the State of Washington is a named express third party beneficiary
with full rights as such under this agreement.
L.Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
AGENDA ITEM #5. d)
PAGE 10 OF 10
M.Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Consultant from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any pr ior or subsequent breach
unless it is expressly waived in writing.
N.Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON
By:_____________________________
CONSULTANT
By:____________________________
Armondo Pavone
Mayor
Ginette Lalonde
Water & Environment Area Manager
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
By: __________________________
Shane Moloney
Renton City Attorney
Contract Template Updated 03/12/2019
AGENDA ITEM #5. d)
Scope of Services – City of Renton Heather Downs Stormwater Quality Retrofit Project | 1
EXHIBIT A
City of Renton
Stormwater Facility Retrofit Study
SCOPE OF WORK
7-29-20
Project Background
The City of Renton (City) manages several existing older flow control stormwater facilities that were
designed and constructed according to old and outdated stormwater design criteria in terms of both
flow control and water quality treatment and do not provide stormwater treatment features. Therefore,
there are likely opportunities at these locations where they can be “retrofitted” to improve stormwater
quality treatment to receiving waters. The facilities of interest are shown on Exhibit A-1 and include 12
stormwater ponds and 37 underground vaults. These flow control facilities are within several City
drainage/stream basins including the Black River, Cedar River, Johns Creek, Maplewood Creek, Panther
Creek, Spring Creek, Big Soos Creek, Rolling Hills Creek, and Greenes Creek. All these streams discharge
into Lake Washington and to the Green River.
The City successfully obtained grant funds through the Department of Ecology to perform a study to
evaluate and identify existing facility retrofit opportunities to improve stormwater quality to receiving
waters. The project description in the grant is to identify, evaluate, and prioritize stormwater treatment
retrofit opportunities at these flow control facilities. The project intent is to provide the City with the retrofit
locations and options that will be most effective for improving water quality treatment.
The City selected WSP (the Consultant) to perform the study which is broken down into the following
major elements:
•Review and summarize existing information;
•Gap analysis, assessing level of treatment provided compared to what would be required under
current design standards;
•Identify potential stormwater retrofit locations and retrofit options;
•Prioritize sites for stormwater retrofit using project-specific criteria and document the prioritization
process;
•Select and develop conceptual design and costs for three of the highest priority retrofit
opportunities.
The scope of work for this effort is described in the following paragraphs, and it is important to note that
it is intended to comply with the City’s grant agreement WQC-2020-Renton-00016.
AGENDA ITEM #5. d)
Scope of Services – City of Renton Heather Downs Stormwater Quality Retrofit Project | 2
The objectives of this project are:
1)To improve water quality of many streams within the City which discharge into Lake Washington
and to the Green River.
2)Evaluate the existing stormwater treatment provided at flow control facility sites relative to
stormwater treatment requirements under current City of Renton standards.
3)Provide treatment options to improve stormwater treatment and the water quality discharging
to receiving waters, considering general stormwater quality (suspended solids and dissolved
metals) as well as dissolved oxygen, pH, nutrients and temperature, recognizing that other than
infiltration, common stormwater BMPs have limitations in controlling these latter parameters.
4)Completion of project by October 1st, 2021.
The City will designate the basic premises and criteria for the work needed. Reports and plans, to the
extent feasible, shall be developed in accordance with the latest edition and amendments of local and
State regulations, guidelines, and specifications, including, but not limited to the following:
1. 2017 City of Renton Surface Water Design Manual
Scope of Services
The Scope of Services required is divided into the work tasks listed below and are described in detail in
the subsequent sections.
Task 1 Project Administration/Management
Task 2 Review and Summarize Available Information
Task 3 Treatment Gap Analysis
Task 4 Stormwater Retrofit Locations Identification
Task 5 Prioritize and Score Sites for Stormwater Retrofit
Task 6 Project Selection, Conceptual Design and Costs
General Project Assumptions:
1.The City will consolidate review comments on submitted work products and provide to the
Consultant. The City will reconcile any conflicting review comments before providing to the
Consultant.
2.All work will be on City right of way (or easement) and no temporary or permanent easements
or access agreements are needed.
3.The City will lead coordination on accessing sites in terms of keys, locks/gates, notifying adjacent
property owners, and coordinating with City field personnel as needed (such as when a
drainage structure access requires unlocking/unbolting or cleaning).
4.The project will be partially funded through an Ecology grant, and the project effort shall meet
grant requirements.
5.The focus of the study will be on water quality treatment and will not evaluate existing facility
detention volumes or release rates as compared with current flow control standards (i.e.,
quantity control).
AGENDA ITEM #5. d)
Scope of Services – City of Renton Heather Downs Stormwater Quality Retrofit Project | 3
6.Detention pipe or vault condition assessments or investigations, if needed, will be done by the
City with results provided to the Consultant.
7.City will conduct all Ecology coordination including uploads and reporting via EAGL.
8.Only existing GIS databases and spatial layers will be required. No new GIS data will be
developed under this scope of work unless explicitly specified as an exhibit or figure.
9.The Consultant will not be required to enter confined spaces or provide traffic control to observe
facilities. Analysis of underground detention pipes or vaults will be based on available drawings.
10.Review of existing data will rely upon existing City-provided or publicly available information
including facility information, precipitation data, infiltration potential, soil conditions,
groundwater table, and water quality data records.
11.It is assumed that evaluating the sensitivity of receiving water bodies in terms of water quality
pollutants is beyond the scope of this study.
Task 1 – Project Administration/Management
The Consultant, WSP, shall perform Consultant team project management, administration, and
coordination of the work effort. This effort shall be continuous throughout the contract. Work completed
under this task will include the following:
Task 1.1 Project Administration/Management
The Consultant shall conduct activities related to the ongoing management of the Consultant team
and administration of the contract. This task includes scheduling, budget monitoring, invoicing, work
plan preparation, contract and subconsultant administration, and client coordination. When
modifications to project goals or objectives are significant enough to affect the project schedule and/or
budget, the Consultant shall inform the City of any schedule and budget revisions necessary to
complete the work.
Task 1.2 Quality Assurance/Quality Control
The Consultant shall complete QA/QC reviews on all significant work products including conceptual
plan and cost estimate submittals. A checklist will be prepared documenting the reviews of the various
submittals.
Task 1 Assumptions
•The project duration will be 13 months.
Task 1 Deliverables
•Monthly progress reports and invoices
•QA/QC checklist template (if requested)
AGENDA ITEM #5. d)
Scope of Services – City of Renton Heather Downs Stormwater Quality Retrofit Project | 4
Task 2 – Review and Summarize Available Information
The purpose of this task is to (1) review City-provided data to be a foundation for the analyses to be
conducted by this project, (2) assess current data to determine locations and severity of existing water
quality problems deficiencies in relation to the existing flow control facilities, (3) conduct limited field
reviews at select sites for data confirmation and to document typical site conditions, and (4) synthesize
data into a format from which analyses can be performed to evaluate current levels of treatment as
well as alternative opportunities for retrofits.
Examples of data to be collected include:
•Facility type
•Facility age
•Approximate size (live storage volume)
•Existing water quality treatment features, if applicable
•Tributary area and land use (represented by a limited number of land use types)
•Existing water quality data (if any)
•Underlying soils, groundwater elevations, and opportunities for infiltration (where data is
available)
•Applicable groundwater protection area.
•Receiving water body (and general known water quality problems within the receiving water
body, such as 303(d) pollutants)
The information is intended to allow for the evaluation of the existing level of stormwater treatment
compared with current design standards at a site and evaluate feasible options for retrofitting (to be
completed under subsequent tasks). It is expected that this task will entail the following components:
•Use existing GIS databases, other City inventories/information, and Drainage Technical
Information Reports (TIRs), to evaluate the conditions, needs, and opportunities at each of the
candidate sites. This step will provide preliminary information on existing conditions in terms of
water quality treatment (on a qualitative basis) and other stormwater management needs.
•Conduct limited field investigations of up to fifteen (15) sites to assess reliability of existing data,
as well as investigate conditions where existing data is limited or of relatively poor quality.
•Prepare a draft and final Existing Conditions memo to summarize this information. The
memorandum will rely on GIS maps and summary tables for much of the documentation.
Task 2 Assumptions
•The City currently has the detention facilities plus the majority of its stormwater system
inventoried and recorded in a GIS database. The expectation is that this work does not
include investigations related to uncertainties about drainage patterns, sub-catchment
boundaries, discharge points (including open channels), drainage structure modifications,
pipe sizes/elevations, or pipe condition.
AGENDA ITEM #5. d)
Scope of Services – City of Renton Heather Downs Stormwater Quality Retrofit Project | 5
•Existing City GIS data including elevation model and pipe network will be used to define BMP
drainage basins. Checking some of the results will be conducted using comparisons with TIR
data where readily available. Field investigations and review of other existing documents
beyond TIRs (such as record drawings and engineering reports) will not be conducted to
define drainage basins.
•It is expected that at least ten (10) of the 49 facilities can be screened out during this phase
of work based solely on limited basin size, small facility size, lack of pollutant sources, existing
or planned water quality improvements, discharge location, and/or in-house City
knowledge about the facilities. Facilities that are screened out will not need to be evaluated
further in subsequent tasks, and a brief statement as to the rationale will be provided in the
Task 2 memorandum.
•All data can be mailed/emailed to Consultant offices and if copying is required prior to
hand-off that will be done by City staff. To be efficient, should some of the data include
individual “TIF” files, the City will print hard copy files for the Consultant.
•Number of geotechnical reports to be reviewed is limited to 15 to 20.
•The grant agreement refers to a SEPA determination document. It is assumed that this is a
future phase and not in the contract or will be prepared by the City.
•There are no re-submittals or responses to Ecology comments under this task. Any responses
to comments for this work to Ecology is included under Task 5.
Task 2 Deliverables
•Participation and preparation of meeting agenda and notes for one meeting under this
task to include up to three (3) Consultant staff. This meeting to serve both for project kickoff
and existing data collection coordination.
•Draft and final technical memorandum summarizing existing data for each of the 49
existing flow-control facilities and associated catchment areas. A summary table is
anticipated to include the following information.
o Unique Facility Number
o Associated Drainage Basin (i.e., receiving water body)
o Facility Type
o Facility Volume (Approximate)
o Year Constructed
o Approximate Tributary Basin Size
o Tributary Basin Land Use (summarized into a few land use categories)
o Groundwater and Soils Information (if available)
The technical memorandum will also discuss preliminary ideas for water quality retrofitting.
Task 3 – Treatment Gap Analysis
The primary intent of this work is to identify deficiencies (needs) in the treatment of stormwater in the
catchments draining to the flow control facilities that are included in this project. A GIS based map
will be developed using City data to show locations of existing flow control facilities, surrounding land
uses, impervious/pervious surfaces and contributing drainage areas. A second map will show the level
of existing and/or needed amount of treatment in each basin.
AGENDA ITEM #5. d)
Scope of Services – City of Renton Heather Downs Stormwater Quality Retrofit Project | 6
Consultant will compare the existing amount of facility treatment to that needed to meet current
water quality treatment standards. This analysis will include simplifying assumptions to estimate the
amount of treatment needed for current standards (e.g., scalable analysis estimating treatment
required for pollution generating impervious surfaces).
A memorandum will be prepared to summarize the analysis and assumptions used. The memorandum
will also summarize missing information or gaps that would be helpful for future analysis. For facilities
where no information is available, assumptions will be made based on age of the facility and the
standards or design manual that was presumed to be used at the time of facility construction.
Task 3 Assumptions
•This task will primarily consist of GIS-based analyses relying on City-available GIS data.
•Level of existing treatment will be based on WWHM simulation of a few existing facilities
(based on year and type) with predicted removals and extrapolated to other facilities of
similar type.
•Level of treatment under current standards will be based upon published data (basic or
enhanced).
•Receiving water body water quality impairment will be based upon published data.
•There are no re-submittals or responses to Ecology comments under this task. Any responses
to comments for this work to Ecology is included under Task 5.
•All impervious surfaces will be considered and shown on maps as pollution generated (unless
City already has a GIS layer that distinguishes between pollution generating and non-
pollution generating impervious surfaces.
Task 3 Deliverables
•Map of existing flow control facilities, surrounding land use, impervious/pervious surfaces
and contributing drainage areas.
•Map of existing flow control facilities to determine where additional treatment is needed.
•Map of existing flow control facilities and drainage areas without existing runoff treatment,
including pollution generating impervious and pervious surfaces
•Draft and Final Technical Gap Memorandum with rationale and results of this task.
Task 4 – Stormwater Retrofit Locations Identification and Opportunity Development
This task consists of using the information collected in Task 2 and Task 3 to develop a series of scalable
models utilizing WWHM2012 that can be used to predict full treatment volumes/flow rates if the sites
were newly developed (under current standards) which can be compared to current sizes/flow rates
(when data is readily available). Under this task work will also be done to map project locations and
opportunity types to allow for sorting of potential sites for subsequent prioritization/ranking under Task 5.
This will include characterization of infiltration potential and opportunities for green stormwater retrofits
since these opportunities are expected to be key to prioritizing treatment retrofits. Maps of infiltration
potential will be overlaid with the City’s aquifer protection areas as part of the analyses under this task.
AGENDA ITEM #5. d)
Scope of Services – City of Renton Heather Downs Stormwater Quality Retrofit Project | 7
4.1 Modeling and Retrofit Opportunity Development
Work under this sub-task consists of three (3) main components:
1.Hydrologic modeling (WWHM2012) of a representative number of existing flow control facilities
(or a range of tributary areas representing different sizes of typical basin areas) to evaluate
volume of treatment required to meet current WSDOE standards. This can be used to develop
scalable estimates for all facilities.
2.Utilize the site data analyzed in Task 2 and publicly available resources (for instance, aerial
maps) to identify water quality retrofit opportunities at or near the existing City flow control
facilities, and
3.Estimate type and approximate size of retrofit opportunity at or near each existing flow control
sites.
4.2 Technical Memorandum and Mapping
Work under this sub-task will be development of draft and final technical memorandum and maps
using the summarized data from Task 2 and Task 3 to identify potential locations for stormwater retrofits,
including new facilities and/or re-purposing or re-configuring existing flow control facilities. Map(s) will
be developed to present potential water quality facility locations and retrofit types at or near existing
flow control facilities. These maps shall also indicate the relative feasibility of infiltration for treatment at
each site.
Task 4 Assumptions
•Retrofit opportunity in terms of location, size, and type will be summarized graphically and in
tables. The retrofit types will be represented graphically using symbols (not site-specific
information).
•Optional treatment BMPs will be limited to those approved by the City’s surface water design
manual.
•The intent of the retrofits is to maximize treatment and infiltration. As retrofits, BMPs will not be
required to fully meet current requirements.
•There are no re-submittals or responses to Ecology comments under this task. Any
responses to comments for this work to Ecology is included under Task 5.
Task 4 Deliverables
•Model results showing the amount of water quality treatment required to meet current
design standards
•Table summarizing hydrologic modeling results
•Draft and final technical memorandums summarizing data from Task 2 and Task 3, analysis
rationale, a location map, and map(s) showing potential runoff treatment locations at or
adjacent to existing flow control facilities and their potential retrofit types.
AGENDA ITEM #5. d)
Scope of Services – City of Renton Heather Downs Stormwater Quality Retrofit Project | 8
Task 5 – Prioritize and Score Stormwater Retrofit Opportunities
This task will include the development of a scoring methodology to rank existing BMPs in terms of need
and opportunity (i.e. degree of benefit). The prioritization criteria to score retrofits will be developed
with the City and may include feasibility, condition of receiving waters, operation and maintenance
cost considerations, site characteristics, type of BMP and hydrologic function, level of retrofit achieved,
basin prioritization efforts currently underway as part of the City’s NPDES permit, and social, economic
and environmental factors.
A technical memorandum will be prepared documenting the prioritization methodology including an
explanation of the selected criteria and the rationale of the scoring approach. This memorandum will
include the ranked list of the prioritized stormwater retrofit opportunities.
Task 5 Assumptions
•One meeting will be with City to assist in opportunity ranking. The Surface Water Utility may
involve other City departments for input. An initial scoring system will be used to present
preliminary results to be presented to the City to solicit input and feedback.
•Options for improvements will be localized at the existing facility or immediately upstream or
downstream (and not in the upper basins).
•City will provide input on basin prioritization efforts currently underway as part of the NPDES
permit.
•Two submittals will be prepared of the Task 5 Technical Memorandum.
Task 5 Deliverables
•Draft Technical Memorandum (to City) including the use of criteria to determine
prioritization, and list of prioritized stormwater retrofit locations.
•Technical Memorandum (to Ecology addressing City comments) including the use of
criteria to determine prioritization, and list of prioritized stormwater retrofit locations.
•Responses to Ecology on the Technical Memorandum Document.
Task 6 – Project Selection, Conceptual Design and Costs
Under this task, the high-priority projects will be selected by the project team (City and Consultant
staff). Following final selection, conceptual design drawings for three (3) high-ranked stormwater
retrofit opportunities will be developed. Conceptual-level cost estimates will be developed for the
three identified retrofit opportunities. This work will be summarized in a final technical memorandum.
Task 6 Assumptions
•Three (3) retrofit opportunities at three different sites will be developed into conceptual
design.
•Field surveys, project base mapping, AND geo-technical explorations are not scoped as
part of this work and would therefore be considered extra work if requested by the City.
AGENDA ITEM #5. d)
Scope of Services – City of Renton Heather Downs Stormwater Quality Retrofit Project | 9
•Conceptual plan view drawings will be superimposed on existing aerial photos, pdfs, or GIS
maps. Topography used for developing conceptual drainage profiles and/or cross-sections
will rely upon existing record drawings and topographic datasets.
•All conceptual drawings to be in pdf format.
•A standard cost estimate form will be completed for each project. Costs for items that are
typically unknown at conceptual design-level will rely upon comparable recent City bid
tabulations, readily available information, and the Consultant’s experience.
•Two submittals will be prepared of the Task 6 Technical Memorandum.
Task 6 Deliverables
•Attendance at a City meeting to confirm and select high-priority opportunities.
•Draft Technical Memorandum to City documenting conceptual designs including
conceptual level design drawings of three (3) different stormwater retrofit opportunities
from the prioritized list. Conceptual drawings are expected to consist of no more than two
11x17 sheets for each opportunity.
•Conceptual-level cost estimate for each of the three (3) stormwater retrofit opportunities.
•Revised Draft Technical Memorandum to Ecology incorporating City comments.
•Responses to Ecology on the Draft Technical Memorandum Document.
Project Fee:
The estimated project fee is attached below.
Preliminary Project Schedule:
Task or Major Sub-Task Major Deliverable Date of Deliverable to City
Start Project (NTP) Sept 1, 2020
Task 2. Existing Data Review &
Compilation
Final TM Nov. 20, 2020
Task 3. Treatment Gap Analysis Final TM Feb 1, 2021
Task 4. Retrofit Opportunities Final TM w/ maps March 31, 2021
Task 5. Scoring Development and
Implementation
Draft TM to City May 1, 2021
Updated TM to Ecology
Comments
July 15, 2021
Response to Ecology
comments
August 31, 2021
Task 6. Conceptual Design Work Conceptual plans & costs August 31, 2021
Response to ecology
Comment
Oct 1, 2021
Project Completion Oct 1, 2021
AGENDA ITEM #5. d)
Scope of Services – City of Renton Heather Downs Stormwater Quality Retrofit Project | 10
AGENDA ITEM #5. d)
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Surface Water Utility | GIS | Print Date: 10/10/2018
Stormwater Facility RetrofitStormwater Facility RetrofitStudy MapStudy Map 0.5 0 0.5Miles
Lake WashingtonLake Washington
?>Pond (12)
UT Tank (37)
Basin
City Limits
AGENDA ITEM #5. d)
City of Renton EXHIBIT B
Storm Facility Water Quality Retrofits
Budget Summary
7-29-20
Enter names and rates from left to right Task Totals
Select Name, Class,
OR
Nelson, Ralph D
Giseburt,
Michael S
Cammermeyer,
Jon W Nguyen, Phat Porter, Matt
Phase Task Classification°Principal Sr PM PE Jr. Eng GIS Sr. GIS Technical Editor Graphics Project Assistant
No.No.Phase/Task Labor Rate $278.07 $225.51 $147.95 $94.04 $119.09 $140.00 $120.00 $100.00 $129.38 Hours Revenues
1 0 Project Management 0.00 $0
1 1 Project Administration 0 40 20 0 0 0 0 0 15 75.00 $13,920
1 2 QA/QC 18 14 16 0 0 0 0 0 0 48.00 $10,530
2 0 Existing Data Review 2 18 68 254 64 6 2 0 0 414.00 $47,263
3 0 Treatment Gap Analysis 4 2 54 84 60 0 2 0 0 206.00 $24,837
4 0 Retrofit Locations and Opportunities 0.00 $0
4 1 Modeling and Opportunity Development 0 12 86 372 52 4 2 0 0 528.00 $57,404
4 2 Technical Memo and Maps 0 8 44 0 40 4 4 0 6 106.00 $14,894
5 0 Prioritize and Score Sites for Stormwater Retrofit 0 18 58 44 34 0 4 0 8 166.00 $22,342
6 0 Project Selection, Conceptual Designa and Cost 0 24 82 180 24 0 4 0 4 318.00 $38,327
$0
0.00 $0
Total Hours 24 136 428 934 274 14 18 0 33 1861.00
Total Revenues $6,674 $30,669 $63,323 $87,830 $32,632 $1,960 $2,160 $0 $4,270 $229,517
9 13
Subtotal $229,517
Expenses $400
Total $229,917
AGENDA ITEM #5. d)
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GreenesCreekBlack RiverBlack River
Coal CreekCoal Creek(Cedar)(Cedar)
East LakeEast LakeWashington -Washington -Bellevue SouthBellevue South
East LakeEast LakeWashingtonWashington- Renton- Renton
Lower CedarLower CedarRiverRiver
May CreekMay Creek
Soos CreekSoos Creek
TheTheLandingLanding
West Lake Washington -West Lake Washington -Seattle SouthSeattle South
EValleyHwyEM e rcerWayS 1 32nd St
N 3rd St
SE Petrovitsky R d
Duva
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AveNEN 4th St
124thAveSERainier AveS
SE 128th StRainierAveN
S 2 1 2thWayS 212th St
SW 43rd St S E CarrRdNE 4th StLoganAveN ForestDr SE
S G r a d y W aySE 208th StParkAveN 156th Ave SE148th Ave SESE 192nd St
S 180th St
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Su rface Water Utility | G IS | Prin t Date: 10 /10 /20 18
Stormwater Facility RetrofitStormwater Facility RetrofitStudy MapStudy Map 0.5 0 0.5Miles
Lake WashingtonLake Washington
?>Pond (12)
UT Tank (37)
Basin
City Limits
AGENDA ITEM #5. d)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING TO
EXTENET SYSTEMS, INC., AND ITS AFFILIATES, SUCCESSORS AND ASSIGNS, THE
RIGHT, PRIVILEGE, AUTHORITY AND NONEXCLUSIVE FRANCHISE FOR FIVE (5)
YEARS, TO CONSTRUCT, MAINTAIN, OPERATE, REPLACE AND REPAIR A
TELECOMMUNICATIONS NETWORK FOR SMALL CELL TECHNOLOGY, IN, ACROSS,
OVER, ALONG, UNDER, THROUGH AND BELOW CERTAIN DESIGNATED PUBLIC
RIGHTS‐OF‐WAY OF THE CITY OF RENTON, WASHINGTON.
WHEREAS, ExteNet Systems, Inc., (the “Franchisee”) has requested that the City Council
grant a nonexclusive franchise (this “Franchise”); and
WHEREAS, the City Council has the authority to grant franchises for the use of its streets
and other public properties pursuant to RCW 35A.47.040, as allowed by this Franchise;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Franchise Granted.
Section I.1 Pursuant to RCW 35A.47.040, the City of Renton, a Washington municipal
corporation (hereinafter the “City”), hereby grants to the Franchisee, its affiliates, heirs,
successors, legal representatives and assigns, subject to the terms and conditions hereinafter set
forth, a Franchise for a period of five (5) years, beginning on the effective date of this ordinance,
set forth in Section XXXIX herein. At any time not less than sixty (60) days before the expiration of
the current Franchise term, Franchisee may make a written request for an additional Franchise term
of five (5) years. City shall grant such request to Franchisee, in accordance with then‐applicable
laws, unless Franchisee is or has been in default of the terms of this Franchise beyond applicable
notice and cure periods.
AGENDA ITEM # 7. a)
ORDINANCE NO. ________
2
Section I.2 This Franchise ordinance grants Franchisee the right, privilege, and authority
to construct, operate, maintain, replace, relocate, repair, upgrade, remove, excavate, acquire,
and use the Small Cell Facilities, as defined in Section II.2, for its telecommunications network,
in, under, on, across, over, through, along or below the public Rights‐of‐Way located in the City
of Renton, as approved pursuant to the Renton Comprehensive Plan, the City’s design and
construction standards, and the Renton Municipal Code (collectively, the “City’s Codes”), and
permits issued pursuant to this Franchise. Public “Rights‐of‐Way” means the surface of, and the
space above and below, any public street, highway, freeway, bridge, alley, court, boulevard,
sidewalk, lane, public way, drive, circle, pathways, spaces, utility easements (unless there are
relevant use, structure or other restrictions) or other public right‐of‐way which, under City
ordinances or applicable laws, the City has authority to grant franchises, licenses, or leases for
use thereof, or has regulatory authority there over and only to the extent such Rights‐of‐Way are
opened and improved. Rights‐of‐Way for the purpose of this Franchise do not include: (a) any
other City property, such as the Renton Municipal Airport, City utility corridors, and City parks
even if there are access ways over such property; (b) state highways; (c) land dedicated for roads,
streets, and highways not opened and not improved for motor vehicle use by the public; (d)
federally granted trust lands or forest board trust lands; (d) lands owned or managed by the state
parks and recreation commission; or (e) federally granted railroad rights‐of‐way acquired under
43 U.S.C. Section 912 and related provisions of federal law that are not open for motor vehicle
use.
Section I.3 Franchisee intends to initially deploy Facilities in the locations indicated and
using the designs described on attached Exhibit A (the “Initial Deployment Plan”); however, that
AGENDA ITEM # 7. a)
ORDINANCE NO. ________
3
the Initial Deployment Plan attached hereto is for informational purposes only and in no way
limits or restricts Franchisee’s ability to deploy additional Facilities in additional locations within
the City under this Franchise, nor shall an amendment to this Franchise be required to allow such
additional Facilities and locations. Inclusion of the Initial Deployment Plan in this Franchise is
not a substitute for any City required approvals to construct Franchisee’s Facilities in the Rights‐
of‐Way (“City Approvals”).
Section I.4 If a direct conflict exists or arises such that the Franchisee or the City or both
cannot comply with both the terms of this Franchise and the City’s Codes, the terms of this
Franchise shall prevail. This provision shall be narrowly construed.
SECTION II. Authority Limited to Occupation of Rights‐of‐Way for Services; Definition
of Facilities.
Section II.1 The authority granted herein is a limited authorization to occupy and use the
Rights‐of‐Way throughout the City (the “Franchise Area”). The Franchisee is authorized to place
its Facilities in the Rights‐of‐Way only consistent with this Franchise and the City’s Codes.
Nothing contained herein shall be construed to grant or convey any right, title, or interest in the
Rights‐of‐Way of the City to the Franchisee other than for the purpose of providing
telecommunications services. Franchisee hereby warrants that it expects to provide the
following services within the City: small cell network consisting of a collection of interrelated
Small Cell Facilities designed to deliver personal wireless services (the “Services”).
Section II.2 As used herein, “Small Cell Facilities” or “Facilities” means a personal wireless
services facility that meets both of the following qualifications: (i) each antenna is located inside
an antenna enclosure of no more than three (3) cubic feet in volume or, in the case of an antenna
AGENDA ITEM # 7. a)
ORDINANCE NO. ________
4
that has exposed elements, the antenna and all of its exposed elements could fit within an
imaginary enclosure of no more than three (3) cubic feet; and (ii) primary equipment enclosures
are no larger than twenty‐eight (28) cubic feet in volume. The following associated equipment
may be located outside the primary equipment enclosure and if so located, are not included in
the calculation of equipment volume (but remain included in the definition of Small Cell
Facilities): Electric meter, concealment, telecom demarcation box, ground‐based enclosures,
battery back‐up power systems, grounding equipment, power transfer switch, and cut‐off switch.
Small Cell Facilities shall also include all necessary cables, transmitters, receivers, equipment
boxes, backup power supplies, power transfer switches, electric meters, coaxial cables, wires,
conduits, ducts, pedestals, antennas, electronics, and other necessary or convenient
appurtenances used for the specific wireless communications facility. Equipment enclosures
with air conditioning or other noise generating equipment are excluded from “Small Cell
Facilities.” Services do not include personal wireless services and associated facilities that fall
outside of the definition of Small Cell Facilities (i.e. macro facilities).
Section II.3 This Franchise does not grant Franchisee the right to install and operate wires
and facilities to provide wireline broadband transmission services, whether provided by a third
party provider, Franchisee, or a corporate affiliate of Franchisee. Any entity that provides such
wireline broadband transmission services must have an independent franchise to use the Rights‐
of‐Way outside of this Franchise. Further, this Franchise does not grant the right to offer cable
internet services or Cable Services as those terms are defined in 47 U.S.C. § 522(6) by wireline
transmission.
AGENDA ITEM # 7. a)
ORDINANCE NO. ________
5
Section II.4 No right to install any facility, infrastructure, wires, lines, cables, or other
equipment, on any City property other than a Right‐of‐Way, or upon private property without
the owner’s consent, or upon any City, public or privately owned poles or conduits is granted
herein. Nothing contained within this Franchise shall be construed to grant or convey any right,
title, or interest in the Rights‐of‐Way of the City to Franchisee other than for the purpose of
providing the Services, or to subordinate the primary use of the Right‐of‐Way as a public
thoroughfare. If Franchisee desires to expand the Services provided within the City, it shall
request a written amendment to this Franchise. If Franchisee desires to use City owned assets,
including poles and structures within the Rights‐of‐Way, it shall enter into a separate lease, site
specific agreement, or license agreement with the City.
Section II.5 Franchisee shall have the right, without prior City approval, to offer or
provide capacity or bandwidth to its customers consistent with this Franchise provided:
(a) Franchisee at all times retains exclusive control over its telecommunications
system, Facilities, and Services and remains responsible for constructing, installing, and
maintaining its Facilities pursuant to the terms and conditions of this Franchise;
(b) Franchisee may not grant rights to any customer or lessee that are greater
than any rights Franchisee has pursuant to this Franchise;
(c) Such customer or lessee shall not be construed to be a third‐party beneficiary
under this Franchise; and
(d) No such customer or lessee may use the telecommunications system or
Services for any purpose not authorized by this Franchise, nor to sell or offer for sale any service
AGENDA ITEM # 7. a)
ORDINANCE NO. ________
6
to the citizens of the City without all required business licenses, franchise or other form of state
wide approval.
SECTION III. Non‐Exclusive Franchise Grant. This Franchise is granted upon the express
condition that it shall not in any manner prevent the City from granting other or further franchises
in, along, over, through, under, below, or across any said Rights‐of‐Way. This Franchise shall in
no way prevent or prohibit the City from using any of said roads, streets, or other public
properties or affect its jurisdiction over them or any part of them, and the City shall retain power
to make all necessary changes, relocations, repairs, maintenance, establishment, improvement,
dedication of same as the City may deem fit, including the dedication, establishment,
maintenance, and improvement of all new Rights‐of‐Way, thoroughfares and other public
properties of every type and description.
SECTION IV. Location of Telecommunications Network Facilities.
Section IV.1 Franchisee may locate its Facilities anywhere within the Franchise Area
consistent with this Franchise and the City’s Codes. Franchisee shall not be required to amend
this Franchise to construct or acquire Facilities within the Franchise Area, provided that
Franchisee does not expand its Services beyond those described in Section II.
Section IV.2 To the extent that any Facilities within the Franchise Area are located within
part of the state highway system (“State Highways”) governed by the provisions of Chapter 47.24
RCW and applicable Washington State Department of Transportation (WSDOT) regulations,
Franchisee shall comply fully with said requirements in addition to local ordinances and other
applicable regulations. Without limitation of the foregoing, Franchisee specifically agrees that:
AGENDA ITEM # 7. a)
ORDINANCE NO. ________
7
(a) any pavement trenching and restoration performed by Franchisee within State
Highways shall meet or exceed applicable WSDOT requirements;
(b) any portion of a State Highway damaged or injured by Franchisee shall be
restored, repaired and/or replaced by Franchisee to a condition that meets or exceeds applicable
WSDOT requirements; and
(c) without prejudice to any right or privilege of the City, WSDOT is authorized to
enforce in an action brought in the name of the State of Washington any condition of this
Franchise with respect to any portion of a State Highway.
SECTION V. Relocation of Telecommunications Network Facilities.
Section V.1 Relocation Requirement. The City may require Franchisee, and Franchisee
covenants and agrees, to protect, support, temporarily disconnect, relocate, remove, its Facilities
within the Right‐of‐Way when reasonably necessary for construction, alteration, repair, or
improvement of the Right‐of‐Way for purposes of and for public welfare, health, or safety or
traffic conditions, dedications of new Rights‐of‐Way and the establishment and improvement
thereof, widening and improvement of existing Rights‐of‐Way, street vacations, freeway
construction, change or establishment of street grade, or the construction of any public
improvement or structure by any governmental agency acting in a governmental capacity or as
otherwise necessary for the operations of the City or other governmental entity, provided that
Franchisee shall in all such cases have the privilege to temporarily bypass in the authorized
portion of the same Rights‐of‐Way upon approval by the City, which approval shall not
unreasonably be withheld or delayed, any Facilities required to be temporarily disconnected or
removed. For the avoidance of doubt, such projects shall include any Right‐of‐Way improvement
AGENDA ITEM # 7. a)
ORDINANCE NO. ________
8
project or City utility improvement project, even if the project entails, in part, related work
funded and/or performed by or for a third party, provided that such work is performed for the
public benefit and at the request of or contracted by the City, but shall not include, without
limitation, any other improvements or repairs undertaken by or for the benefit of third party
private entities. Collectively all such projects described in this Section V.1 shall be considered a
“Public Project”. Except as otherwise provided by law, the costs and expenses associated with
relocations or disconnections ordered pursuant to this Section V.1 shall be borne by Franchisee.
Section V.2 Relocation ‐ Third Party Structures. If the request for relocation from the City
originates due to a Public Project, in which structures or poles are either replaced or removed,
then Franchisee shall relocate or remove its Facilities as required by the City, and at no cost to
the City, subject to the procedure in Section V.5. Franchisee acknowledges and agrees that the
placement of Small Cell Facilities on third party‐owned structures does not convey an ownership
interest in such structures. Franchisee acknowledges and agrees, that to the extent Franchisee’s
Small Cell Facilities are on poles owned by third parties, the City shall not be responsible for any
costs associated with requests arising out of a Public Project.
Section V.3 Relocation ‐ Franchisee Owned Structures. The cost of relocation of any
Franchisee owned poles or structures shall be determined in accordance with the requirements
of RCW 35.99.060(3)(b); provided, however, that the Franchisee may opt to pay for the cost of
relocating its Small Cell Facilities in order to provide consideration for the City’s approval to site
a Small Cell Facility on Franchisee owned structures or poles in a portion of the Right‐of‐Way
designated or proposed for a Public Project. For this Section V.3, designation of the Right‐of‐Way
for a Public Project shall be undertaken in the City’s Comprehensive Plan in accordance with the
AGENDA ITEM # 7. a)
ORDINANCE NO. ________
9
requirements of Ch. 36.70A RCW. The Comprehensive Plan includes, but is not limited to the
Transportation element or Transportation Improvement Plan (TIP), Capital Facilities element,
Utilities element, or Utility Capital Improvement Program (CIP), and any other element
authorized by RCW 36.70A.070 and RCW 36.70A.080. The parties acknowledge that this
provision is mutually beneficial to the parties, as the City may otherwise deny the placement of
the Small Cell Facility at a particular site because of the cost impact of such relocation and the
conflict with the City’s Comprehensive Plan.
Section V.4 Locate. Upon request of the City, or a third party performing work in the
Right‐of‐Way, and in order to facilitate the design of City street and Right‐of‐Way improvements
or City utility improvements, Franchisee agrees, at its sole cost and expense, to locate, and if
reasonably determined necessary by the City, to excavate and expose its Facilities for inspection
so that the Facilities’ location may be taken into account in the improvement design. The decision
as to whether any Facilities need to be relocated in order to accommodate the City’s Public
Projects shall be made by the City upon review of the location and construction of Franchisee’s
Facilities. The City shall provide Franchisee at least thirty (30) days’ written notice prior to any
excavation or exposure of Facilities.
Section V.5 Notice and Relocation Process. If the City determines that a Public Project
necessitates the relocation of Franchisee’s existing Facilities, the City shall:
(a) At least ninety (90) days prior to commencing construction of the Public
Project, provide Franchisee with written notice requiring such relocation; provided, however,
that in the event of an emergency situation, defined for purposes of this Franchise as a condition
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posing an imminent threat to property, life, health, or safety of any person or entity, the City shall
give Franchisee written notice as soon as practicable; and
(b) Together with the notice of relocation, provide Franchisee with copies of
pertinent portions of the plans and specifications for the Public Project and cooperate with
Franchisee in its identification of a proposed new location for Franchisee’s Facilities so that
Franchisee may relocate its Facilities in other Rights‐of‐Way in order to accommodate such Public
Project; and
(c) After receipt of such notice and such plans and specifications, Franchisee shall
complete relocation of its Facilities at least ten (10) days prior to commencement of the
construction of the Public Project at no charge or expense to the City, except as otherwise
provided by law. Relocation shall be accomplished in such a manner as to accommodate the
Public Project.
Section V.6 Alternative Designs. Franchisee may, within thirty (30) days after receipt of
written notice requesting a relocation of its Facilities, submit to the City written alternatives to
such relocation. The City shall evaluate the alternatives and advise Franchisee in writing within
ten (10) days after receipt of Franchisee’s alternative if one or more of the alternatives are
suitable to accommodate the work that would otherwise necessitate relocation of the Facilities.
If so requested by the City, Franchisee shall submit, at its sole cost and expense, additional
information to assist the City in making such evaluation. The City shall give each alternative
proposed by Franchisee full and fair consideration. In the event the City ultimately determines
that there is no other reasonable or feasible alternative, Franchisee shall relocate its Facilities as
otherwise provided in this Section V.
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Section V.7 Alternative Arrangements. The provisions of this Section V shall in no manner
preclude or restrict Franchisee from making any arrangements it may deem appropriate when
responding to a request for relocation of its Facilities by any person or entity other than the City,
where the facilities to be constructed by said person or entity are not or will not become City‐
owned, operated, or maintained facilities, provided that such arrangements do not unduly delay
a City construction project.
Section V.8 Contractor Delay Claims. If Franchisee breaches its obligations under
Chapter 19.122 RCW to properly locate its Facilities or breaches its obligations under this Section
with respect to relocating its Facilities, and to the extent such breach causes a delay in the work
being undertaken by the City’s third party contractor(s) that results in a claim by the third party
contractor(s) for costs, expenses and/or damages that are directly caused by such delay and are
legally required to be paid by the City (each, a “Contractor Delay Claim”), the City may at its sole
option:
(a) tender the Contractor Delay Claim to Franchisee for defense and
indemnification in accordance with Section V.9 and Section XXXVIII; 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 Section V.8(b), the City shall first give Franchisee written notice of the
Contractor Delay Claim and give Franchisee the opportunity to work with the third party
contractor(s) to resolve the Contractor Delay Claim for a period of not less than sixty (60) days
prior to the City's payment of the Contractor Delay Claim.
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Section V.9 Relocate Indemnification. Franchisee will indemnify, hold harmless, and pay
the costs of defending the City, in accordance with the indemnification provisions of Section
XXXVIII, against any and all claims, suits, actions, damages, or liabilities for delays on City
construction projects caused by or arising out of the failure of Franchisee to remove or relocate
its Facilities as provided herein; provided, that Franchisee shall not be responsible for damages
due to delays caused by circumstances beyond the control of Franchisee or the sole negligence,
willful misconduct, or unreasonable delay of the City or any unrelated third party.
Section V.10 Moving a Building. Whenever any person shall have obtained permission
from the City to use any Right‐of‐Way for the purpose of moving any building, Franchisee, upon
thirty (30) days’ written notice from the City, shall raise, remove, or relocate to another part of
the Right‐of‐Way, only for the time period necessary to complete the move, at the expense of
the person desiring to move the building, any of Franchisee’s Facilities that may obstruct the
removal of such building.
Section V.11 City’s Costs. If Franchisee fails, neglects, or refuses to remove or relocate
its Facilities as directed by the City following the procedures outlined in this Section V, 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 Section XIV.2 and Section XIV.3.
Section V.12 Survival. The provisions of this Section V shall survive the expiration or
termination of this Franchise during such time as Franchisee continues to have Facilities in the
Rights‐of‐Way.
SECTION VI. Undergrounding of Facilities.
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Section VI.1 Franchisee hereby acknowledges and agrees that whenever the City requires
the undergrounding of the aerial utilities in any area of the City, and when such undergrounding
includes the removal of the structure on which the Facilities are placed (e.g., electric utility poles),
the City may require the Franchisee to remove and relocate its Facilities. Notwithstanding the
foregoing, placing Facilities underground is not intended to preclude the use of small cell antennas,
ground‐mounted appurtenances, or other Facilities that must remain above‐ground to function
properly. Facilities that may be reasonably altered to function properly below ground are not
Facilities that may remain above‐ground, unless such alteration would create a hazard to people or
property.
Section VI.2 Franchisee shall not remove any underground Facilities that require
trenching or other opening of the Rights‐of‐Way, except as provided in this Section VI.2.
Franchisee may remove any underground Facilities from the Right‐of‐Way that have been
installed in such a manner that it can be removed without trenching or other opening of the
Right‐of‐Way, or if otherwise permitted by the City. When the City determines, in the City’s sole
discretion, that Franchisee’s underground Facilities must be removed in order to eliminate or
prevent a hazardous condition, Franchisee shall remove such Facilities at Franchisee’s sole cost
and expense. Franchisee must apply and receive a permit, pursuant to Section VIII.2, prior to any
such removal of underground Facilities from the Right‐of‐Way and must provide as‐built plans
and maps pursuant to Section VII.1.
Section VI.3 The provisions of this Section VI shall survive the expiration, revocation, or
termination of this Franchise. Nothing in this Section VI shall be construed as requiring the City
to pay any costs of undergrounding any of the Franchisee’s Facilities.
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SECTION VII. Maps and Records.
Section VII.1 Following the initial construction and installation of Facilities, Franchisee
shall provide the City with accurate copies of as‐built plans and maps prepared by Franchisee’s
design and installation contractors. These plans and maps shall be provided at no cost to the
City, and shall include hard copies and digital files in Autocad, or other industry standard readable
formats that are acceptable to the City, and delivered electronically. Further, Franchisee shall
provide such maps within thirty (30) days following a request from the City. Franchisee shall
warrant the accuracy of all plans, maps and as‐builts provided to the City.
Section VII.2 Within thirty (30) days of a written request from the Community and
Economic Development Administrator or designee, Franchisee shall furnish the City with
information sufficient to demonstrate: 1) that the Franchisee has complied with all applicable
requirements of this Franchise; and 2) that any and all utility taxes due to the City in connection
with the Franchisee’s services and Facilities have been properly collected and paid by the
Franchisee.
Section VII.3 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; provided, however, that nothing in this Section VII.3
shall be construed to require Franchisee to violate state or federal law regarding customer
privacy, nor shall this Section VII.3 be construed to require Franchisee to disclose proprietary or
confidential information without adequate safeguards for its confidential or proprietary nature.
Section VII.4 Franchisee shall not be required to disclose information that it reasonably
deems to be proprietary or confidential in nature; provided, however, Franchisee shall disclose
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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.
Section VII.5 Nothing in Section VII.3 or Section VII.4 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 injunction 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.
Section VII.6 On an annual basis, upon thirty (30) days prior written notice, the City shall
have the right to conduct an independent audit of Franchisee's records reasonably related to the
administration or enforcement of this Franchise, in accordance with GAAP.
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SECTION VIII. Work in the Rights‐of‐Way.
Section VIII.1 During any period of relocation, construction or maintenance, all work
performed by Franchisee or its contractors shall be accomplished in a safe and workmanlike
manner, so to minimize interference with the free passage of traffic and the free use of adjoining
property, whether public or private. Franchisee shall at all times post and maintain proper
barricades, flags, flaggers, lights, flares and other traffic control measures as required for the
safety of all members of the general public and comply with all applicable safety regulations
during such period of construction as required by the ordinances of the City or the laws of the
State of Washington, including RCW 39.04.180 for the construction of trench safety systems. The
provisions of this Section VIII shall survive the expiration or termination of this Franchise and
during such time as Franchisee continues to have Facilities in the Rights‐of‐Way.
Section VIII.2 Whenever Franchisee shall commence work in any Rights‐of‐Way for the
purpose of excavation, installation, construction, repair, maintenance, or relocation of its
Facilities, it shall apply to the City for a right‐of‐way use permit to do so and, in addition, shall
give the City at least twenty (20) working days' prior notice (except in the case of an emergency)
of its intent to commence work in the Rights‐of‐Way. During the progress of the work, the
Franchisee shall not unnecessarily obstruct the passage or proper use of the Rights‐of‐Way, and
all work by the Franchisee in the area shall be performed in accordance with applicable City
standards and specifications and warranted for a period of two (2) years. In no case shall any
work commence within any Rights‐of‐Way without a permit, except as otherwise provided in this
Franchise.
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Section VIII.3 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 Community and
Economic Development 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, or for any other reason
determined by the Community and Economic Development Administrator or designee.
Section VIII.4 If the Franchisee shall at any time plan to make excavations in any area
covered by this Franchise, the Franchisee shall afford the City, upon receipt of a written request
to do so, an opportunity to share such excavation, PROVIDED THAT:
(a) Such joint use shall not unreasonably delay the work of the Franchisee causing
the excavation to be made;
(b) Such joint use shall be arranged and accomplished on terms and conditions
satisfactory to both parties; and
(c) Franchisee may deny such request for safety reasons.
Section VIII.5 Except for emergency situations, as a courtesy, Franchisee shall give
reasonable advance written (e.g., door hanger or direct mail) notice of intended construction to
residents within one hundred feet (100’) of the affected area. Such notice shall contain the
Franchisee’s contact number, estimated dates, and nature and location of the work to be
performed. Any disturbance of landscaping, fencing, or other improvements on private property
caused by Franchisee’s work shall, at the sole expense of Franchisee, be promptly repaired and
restored to the reasonable satisfaction of the property owner/resident. Notwithstanding the
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above, nothing herein shall give Franchisee the right to enter onto private property without the
permission of such private property owner, or as otherwise authorized by applicable law.
Section VIII.6 Franchisee may trim trees upon and overhanging on public ways, streets,
alleys, sidewalks, and other public places of the City so as to prevent the branches of such trees
from coming in contact with Franchisee’s Facilities. The right to trim trees in this Section VIII.6
shall only apply to the extent necessary to protect above ground Facilities. Franchisee shall
ensure that its tree trimming activities protect the appearance, integrity, and health of the trees
to the extent reasonably possible. Franchisee shall be responsible for all debris removal from
such activities. All trimming, except in emergency situations, is to be done after the explicit prior
written notification and approval of the City and at the expense of Franchisee. Franchisee may
contract for such services; however, any firm or individual so retained must first receive City
approval prior to commencing such trimming; such approval shall not be unreasonably withheld,
delayed, or conditioned. Nothing herein grants Franchisee any authority to act on behalf of the
City, to enter upon any private property, or to trim any tree or natural growth not owned by the
City. Franchisee shall be solely responsible and liable for any damage to any third parties’ trees
or natural growth caused by Franchisee’s actions. Franchisee shall indemnify, defend and hold
harmless the City from third‐party claims of any nature arising out of any act or negligence of
Franchisee with regard to tree and/or natural growth trimming, damage, and/or removal.
Franchisee shall reasonably compensate the City or the property owner for any damage caused
by trimming, damage, or removal by Franchisee. Except in an emergency situation, any tree
trimming that involves the removal of branches that are six inches (6") or greater in diameter,
must be performed under the direction of an arborist certified by the International Society of
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Arboriculture, unless otherwise approved by the Community and Economic Development
Administrator or designee.
Section VIII.7 Franchisee shall meet with the City and other franchise holders and users
of the Rights‐of‐Way upon thirty (30) days’ notice by the City, to schedule and coordinate
construction in the Rights‐of‐Way. All construction locations, activities, and schedules shall be
coordinated, as ordered by the City to minimize public inconvenience, disruption or damages,
and conflicts with City projects.
Section VIII.8 Franchisee shall inform the City with at least thirty (30) days’ advance
written notice that it is constructing, relocating, or placing ducts or conduits in the Rights‐of‐Way
and provide the City with an opportunity to request that Franchisee provide the City with
additional duct or conduit and related structures necessary to access the conduit pursuant to
RCW 35.99.070.
SECTION IX. One Call Locator Service. Prior to doing any work in the Rights‐of‐Way, the
Franchisee shall follow established procedures, including contacting the Utility Notification
Center in Washington and comply with all applicable State statutes regarding the One Call
Locator Service pursuant to Chapter 19.122 RCW. Further, upon request, by the City or a third
party, Franchisee shall locate its Facilities consistent with the requirements of Chapter 19.122
RCW. The City shall not be liable for any damages to Franchisee’s Facilities or for interruptions
in service to Franchisee’s customers that are a direct result of Franchisee’s failure to locate its
Facilities within the prescribed time limits and guidelines established by the One Call Locator
Service regardless of whether the City issued a permit.
SECTION X. Safety Requirements.
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Section X.1 Franchisee shall, at all times, employ professional care and shall install and
maintain and use industry‐standard methods for preventing failures and accidents that are likely
to cause damage, injuries, or nuisances to the public. All structures and all lines, equipment, and
connections in, over, under, and upon the Rights‐of‐Ways, wherever situated or located, shall at
all times be kept and maintained in a safe condition. Franchisee shall comply with all federal,
State, and City safety requirements, rules, regulations, laws, and practices, and employ all
necessary devices as required by applicable law during the construction, operation, maintenance,
upgrade, repair, or removal of its Facilities. Additionally, Franchisee shall keep its Facilities free
of debris and anything of a dangerous, noxious or offensive nature or which would create a
hazard or undue vibration, heat, noise or any interference with City services. By way of
illustration and not limitation, Franchisee shall also comply with the applicable provisions of the
National Electric Code, National Electrical Safety Code, FCC regulations, and Occupational Safety
and Health Administration (OSHA) Standards. Upon reasonable notice to Franchisee, the City
reserves the general right to inspect the Facilities to evaluate if they are constructed and
maintained in a safe condition.
Section X.2 If an unsafe condition or a violation of Section X.1 is found to exist, and
becomes known to the City, the City agrees to give Franchisee written notice of such condition
and afford Franchisee a reasonable opportunity to repair the same. If Franchisee fails to start to
make the necessary repairs and alterations within a reasonable time frame specified in such
notice (and pursue such cure to completion), but not shorter than forty‐five (45) days, then the
City may make such repairs or contract for them to be made. All costs, including administrative
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costs, incurred by the City in repairing any unsafe conditions shall be borne by Franchisee and
reimbursed to the City pursuant to Section XIV.2 and Section XIV.3.
Section X.3 Additional safety standards include:
(a) Franchisee shall endeavor to maintain all Facilities in an orderly manner,
including, but not limited to, the placement of any cables connecting equipment in an orderly
manner.
(b) All installations of equipment, lines, and ancillary facilities shall be installed in
accordance with industry‐standard engineering practices and shall comply with all federal, State,
and local regulations, ordinances, and laws.
(c) Any opening or obstruction in the Rights‐of‐Way or other public places made
by Franchisee in the course of its operations shall be protected by Franchisee at all times by the
placement of adequate barriers, fences, steel plates, or boarding, the bounds of which, during
periods of dusk and darkness, shall be clearly marked and visible.
Section X.4 Stop Work Order. On notice from the City that any work is being performed
contrary to the provisions of this Franchise, or in an unsafe or dangerous manner as reasonably
determined by the City, or in violation of the terms of any applicable permit, laws, regulations,
ordinances, or standards, the work may immediately be stopped by the City. The stop work order
shall:
(a) Be in writing;
(b) Be given to the person doing the work or posted on the work site;
(c) Be sent to Franchisee by overnight delivery;
(d) Indicate the nature of the alleged violation or unsafe condition; and
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(e) Establish conditions under which work may be resumed.
SECTION XI. Work of Contractors and Subcontractors. Franchisee’s contractors and
subcontractors shall be licensed and bonded in accordance with State law and the City’s
ordinances, regulations, and requirements. Work by contractors and subcontractors 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 and subcontractors 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 this Franchise and applicable law.
SECTION XII. Restoration after Construction.
Section XII.1 Franchisee shall, after installation, construction, relocation, maintenance,
or repair of its Facilities, or after abandonment approved pursuant to Section XVII, promptly
remove any obstructions from the Rights‐of‐Way and restore the surface of the Rights‐of‐Way to
at least the same condition the Rights‐of‐Way were in immediately prior to any such installation,
construction, relocation, maintenance or repair, provided Franchisee shall not be responsible for
any changes to the Rights‐of‐Way not caused by Franchisee or anyone doing work for Franchisee.
The Community and Economic Development Administrator or designee shall have final approval
of the condition of such Rights‐of‐Way after restoration. All concrete encased survey
monuments that have been disturbed or displaced by such work shall be restored pursuant to
federal, state (such as Chapter 332‐120 WAC), and local standards and specifications.
Section XII.2 Franchisee agrees to promptly complete all restoration work and to
promptly repair any damage caused by work to the Franchise Area or other affected area at its
sole cost and expense and according to the time and terms specified in the construction permit
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issued by the City. All work by Franchisee pursuant to this Franchise shall be performed in
accordance with applicable City standards and warranted for a period of two (2) years and for
undiscovered defects.
Section XII.3 If conditions (e.g. weather) make the complete restoration required under
this Section XII impracticable, Franchisee shall temporarily restore the affected Right‐of‐Way or
property. Such temporary restoration shall be at Franchisee’s sole cost and expense. Franchisee
shall promptly undertake and complete the required permanent restoration when conditions no
longer make such permanent restoration impracticable.
Section XII.4 In the event Franchisee does not repair or restore a Right‐of‐Way as required
hereunder, within thirty (30) days after notice to Franchisee, the City may repair the damage and
shall be reimbursed its actual cost within sixty (60) days of submitting an invoice to Franchisee in
accordance with the provisions of Section XIV.2 and Section XIV.3. In addition, and pursuant to
Section XIV.2 and Section XIV.3, the City may bill Franchisee for expenses associated with the
inspection of such restoration work. The failure by Franchisee to complete such repairs shall be
considered a breach of this Franchise and is subject to remedies by the City including the
imposition of damages consistent with Section XXI.2.
Section XII.5 The provisions of this Section XII shall survive the expiration or termination
of this Franchise so long as Franchisee continues to have Facilities in the Rights‐of‐Way and has
not completed all restoration to the City’s standards.
SECTION XIII. Emergency Work/Dangerous Conditions.
Section XIII.1 In the event of any emergency in which any of Franchisee’s Facilities located
in the Rights‐of‐Way breaks, falls, becomes damaged, or if Franchisee’s Facilities is otherwise in
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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. However, this shall not relieve Franchisee from the requirement
of obtaining any permits necessary for this purpose, and Franchisee shall apply for all such
permits not later than the next succeeding day during which the Renton City Hall is open for
business. 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.
Section XIII.2 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 XIII except to the extent caused by the
sole negligence or willful misconduct of the City, its employees, contractors, or agents.
Section XIII.3 Whenever the construction, installation or excavation of Facilities
authorized by this Franchise has caused or contributed to a condition that appears to
substantially impair the lateral support of the adjoining street or public place, or endangers the
public, an adjoining public place, street, electrical or telecommunications utilities, City utilities,
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or City property, the Community and Economic Development Administrator or designee, may
direct Franchisee, at Franchisee’s own expense, to take reasonable action to protect the public,
adjacent public places, City property or street utilities, and such action may include compliance
within a prescribed time. In the event that Franchisee fails or refuses to promptly take the actions
directed by the City, or fails to fully comply with such directions, or if emergency conditions exist
which require immediate action, before the City can timely contact Franchisee to request
Franchisee effect the immediate repair, the City may access the Facilities and take such
reasonable actions as are necessary to protect the public, the adjacent streets, City utilities, or
street, electrical or telecommunications utilities, or to maintain the lateral support thereof, or
reasonable actions regarded as necessary safety precautions, and Franchisee shall be liable to
the City for the costs thereof.
SECTION XIV. Recovery of Costs, Taxes and Fees.
Section XIV.1 Franchisee shall pay a fee for the actual administrative expenses incurred
by the City that are directly related to receiving and approving this Franchise pursuant to RCW
35.21.860, including the costs associated with the City’s legal costs incurred in drafting and
processing this Franchise. No permits shall be issued for the installation of authorized Facilities
until such time as the City has received payment of this fee. Franchisee shall further be subject
to all permit fees associated with activities undertaken through the authority granted in this
Franchise or under the laws of the City. Where the City incurs costs and expenses for review,
inspection, or supervision of activities, including but not limited to reasonable fees associated
with attorneys, consultants, City Staff and City Attorney time, undertaken through the authority
granted in this Franchise or any ordinances relating to the subject for which a permit fee is not
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established, Franchisee shall pay such costs and expenses directly to the City in accordance with
the provisions of Section XIV.3.
Section XIV.2 Franchisee shall promptly reimburse the City in accordance with the
provisions of Section XIV.3 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.
Section XIV.3 Franchisee shall reimburse the City within sixty (60) days of submittal by
the City of an itemized billing for reasonably incurred costs, itemized by project, for Franchisee’s
proportionate share of all actual, identified expenses incurred by the City in planning,
constructing, installing, repairing, altering, or maintaining any City facility as the result of the
presence of Franchisee’s Facilities in the Rights‐of‐Way. Such costs and expenses shall include
but not be limited to Franchisee’s proportionate cost of City personnel assigned to oversee or
engage in any work in the Rights‐of‐Way as the result of the presence of Franchisee’s Facilities in
the Rights‐of‐Way. Such costs and expenses shall also include Franchisee’s proportionate share
of any time spent reviewing construction plans in order to either accomplish the relocation of
Franchisee’s Facilities or the routing or rerouting of any utilities so as not to interfere with
Franchisee’s Facilities.
Section XIV.4 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. All billings will be itemized so as to
specifically identify the costs and expenses for each project for which the City claims
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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 information purposes. The City does not waive any right to charge an annual fee
by separate permit or agreement for every small cell that is located on a City asset. (Refer to the
City’s Fee Schedule for the applicable fee.)
Section XIV.5 Franchisee hereby warrants that its operations, as authorized under this
Franchise, are those of a telephone business as defined in RCW 82.16.010, or service provider as
defined in RCW 35.21.860. As a result, the City will not impose a franchise fee under the terms
of this Franchise, other than as described herein. The City hereby reserves its right to impose a
franchise fee on this Franchisee if Franchisee’s operations as authorized by this Franchise change
such that the statutory prohibitions of RCW 35.21.860 no longer apply, or if statutory prohibitions
on the imposition of such fees are removed. In either instance, the City also reserves its right to
require that Franchisee obtain a separate Franchise for its change in use. Nothing contained
herein shall preclude Franchisee from challenging any such new fee or separate agreement under
applicable federal, State, or local laws.
Section XIV.6 Franchisee acknowledges that certain of its operations within the City may
constitute a telecommunication business subject to the utility tax imposed pursuant to the
Renton Municipal Code Chapter 5‐11. Franchisee stipulates and agrees that certain of its
business activities are subject to taxation as a telecommunication business and that Franchisee
shall pay to the City the rate applicable to such taxable services under Renton Municipal Code
Chapter 5‐19, and consistent with state and federal law. The parties agree that if there is a
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dispute regarding tax payments, the process set forth under the Renton Municipal Code shall
govern such dispute. The City may not enforce remedies provided for hereunder, or commence
a forfeiture or revocation process permitted hereunder until all remedies afforded the City under
the Renton Municipal Code or other judicial action have been exhausted, and only then if
Franchisee does not comply with any such resolution. The parties agree however, that nothing in
this Franchise shall limit the City's power of taxation as may exist now or as later imposed by the
City. This provision does not limit the City's power to amend the Renton Municipal Code as may
be permitted by law.
SECTION XV. Permitting and Aesthetics.
Section XV.1 Authority.
Section XV.1.1 City Retains Approval Authority. The City shall have the authority at all
times to control by appropriately exercised police powers through ordinance or
regulation, consistent with 47 U.S.C. § 253, 47 U.S.C. § 332(c)(7) and the laws of the State
of Washington, the location, elevation, manner of construction, and maintenance of any
Small Cell Facilities by Franchisee, and Franchisee shall promptly conform with all such
requirements, unless compliance would cause Franchisee to violate other requirements
of law. This Franchise does not prohibit the City from exercising its rights under federal,
state or local law to deny or give conditional approval to an application for a permit to
construct any individual Small Cell Facility.
Section XV.1.2 Unauthorized Facilities. Any Small Cell Facilities installations in the Right‐
of‐Way that were not authorized under this Franchise or other required City Approval
(“Unauthorized Facilities”) will be subject to the payment of an Unauthorized Facilities
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charge by Franchisee. City shall provide written notice to Franchisee of any Unauthorized
Facilities identified by City staff, and Franchisee shall have thirty (30) days thereafter in
which to establish that this site was authorized or obtain the applicable permit, or longer
than thirty (30) days if necessary upon the City’s consent so long as Franchisee can
demonstrate that it has taken active steps to establish the authorization or apply for the
permit within such thirty (30) day period. Failure to establish that the site is authorized
will result in the imposition of an Unauthorized Facilities charge according to the City of
Renton Fee Schedule starting on the thirty‐first (31st) day, or the first day after the
expiration of any extended period granted by the City. Franchisee may submit an
application to the City under this Franchise for approval of the Unauthorized Facilities. If
the application for the Unauthorized Facilities is not approved, Franchisee shall remove
the Unauthorized Facilities from the Right‐of‐Way within thirty (30) days after the
expiration of all appeal periods for such denial. The City shall not refund any
Unauthorized Facilities charges, unless Franchisee is successful in an appeal. This
Franchise remedy is in addition to any other remedy available to the City at law or equity.
Section XV.2 Permits.
Section XV.2.1 Small Cell Permit. Franchisee shall apply for, and is required to obtain a
City small cell permit (“Small Cell Permit”) prior to the construction and installation of
each of its Small Cell Facilities in the Rights‐of‐Way. In addition to applicable
requirements established by the City’s Codes for the Small Cell Permit, an application for
the deployment of Small Cell Facilities shall include:
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(a) A site plan that includes the property lines, adjacent Rights‐of‐Way, private roads,
existing utilities, and existing and proposed structures. The City may require the
site plan to include all poles within one hundred feet (100'), if necessary. Maps
shall be drawn at 1:20 scale;
(b) Scaled elevations depicting the design, size, and locations of proposed Small Cell
Facilities. The design of the proposed Small Cell Facilities shall comply with the
requirements of Section XV.3 (Design);
(c) Photo simulations of the Small Cell Facility site showing current and proposed
conditions for each proposed location;
(d) A tree plan, shown either on the site plan required in this Section XV.2.1 or on a
separate tree plan, but only for those Small Cell Facilities where Franchisee will
prune any trees. The tree plan shall show the location, diameter, species of all
significant trees (defined as conifers greater than six feet (6') tall or deciduous
trees greater than six inches (6") in diameter at four and a half feet (4 ½') above
the ground), clearly designate all eagle perch/nest trees, and draw an X through
trees proposed to be removed or pruned. No trees may be pruned without the
City’s approval provided in the Small Cell Permit, and shall be consistent with the
requirements of Section VIII.6 of this Franchise; and
(e) Site Specific Traffic Control Plan prepared in accordance with the State of
Washington Manual on Uniform Traffic Control Devices (MUTCD).
Section XV.2.2 City Approvals. The granting of this Franchise is not a substitute for any
City Approvals. The parties agree that City Approvals (except right‐of‐way use permits as
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described in Section VIII.2) are not considered use permits, as that term is defined in RCW
35.99.010. These City Approvals do not grant general authorization to enter and utilize the
Rights‐of‐Way, but rather grant Franchisee permission to build its specific Small Cell
Facilities. The parties recognize that this provision is specifically negotiated as
consideration for designating the entire City as the Franchise Area. Such City Approvals
shall be issued consistent with the City’s Codes, state and federal laws governing wireless
communication facility siting, including applicable time periods for review of applications
for City Approvals, and shall be in addition to any permits required under Section VIII.2.
This Section does not affect the thirty (30)‐day issuance requirement described in RCW
35.99.030 required for use permits such as right‐of‐way use permits and traffic control
permits.
Section XV.2.3 Emissions Reports. Franchisee is obligated to comply with all laws relating
to allowable presence of or human exposure to Radiofrequency Radiation (“RFs”) or
Electromagnetic Fields (“EMFs”) on or off any poles or structures in the Rights‐of‐Way,
including all applicable FCC standards, whether such RF or EMF presence or exposure
results from the Small Cell Facility alone or from the cumulative effect of the Small Cell
Facility added to all other sources operated by Franchisee or on behalf of Franchisee on
or near the specific pole or structure. Franchisee must provide to the City a copy of a
report (the “Emissions Report”) from a duly qualified engineer analyzing whether RF and
EMF emissions at the proposed Small Cell Facility locations would comply with FCC
standards. Franchisee must submit one Emissions Report to the City with each Small Cell
Permit application. For purposes of clarification, this requirement shall not be interpreted
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as requiring one Emissions Report for each node, or each pole installation, but rather one
Emissions Report for each batch of Small Cell Facilities that comprise a Small Cell network
covering a specific area or region. Further, Franchisee shall, at its own cost and expense,
perform an RF emissions test following installation to validate that the Small Cell Facilities
once installed comply with the FCC standards.
Section XV.3 Design.
Section XV.3.1 City’s Standard Detail. This Franchise adopts the City’s Standard Detail 117
– as it now exists or is hereafter amended, supplemented, and/or renumbered
(collectively, hereinafter “Standard Detail 117”) – as a pre‐authorized design for Small Cell
Facilities.
Section XV.3.2 Order of Preference. This Franchise adopts the following order of
preference for the design of Small Cell Facilities:
(a) Small Cell Facilities meeting Standard Detail 117: No conditional use permit is
required to site Small Cell Facilities meeting Standard Detail 117; other City
Approvals may be required, in conformance with the City’s Codes.
(b) Upon Franchisee’s demonstration that the Section XV.3.2(a) design is not
technically feasible: On existing poles within the Right‐of‐Way, in conformance
with the City’s Codes.
(c) Upon Franchisee’s demonstration that the Section XV.3.2(a) and Section XV.3.2(b)
designs are not technically feasible: On existing or proposed traffic signals,
provided that safety standards are met, and in conformance with the City’s Codes.
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Section XV.3.3 Existing Infrastructure; Master Lease Agreements and Site Specific
Agreements.
(a) Franchisee acknowledges and agrees that if Franchisee requests to place new or
replacement structures, as described in RCW 35.21.860, in the Rights‐of‐Way or
place Facilities on City‐owned structures, which are not otherwise covered under
a master lease agreement with the City, then Franchisee may be required to enter
into a site specific agreement consistent with RCW 35.21.860 in order to construct
such Facilities in the Right‐of‐Way. Such agreements may require a site specific
charge payable to the City. The approval of a site specific agreement is at the
discretion of each of the parties thereto.
(b) This Section XV.3.3 does not place an affirmative obligation on the City to allow
the placement of new infrastructure on public property or in the Rights‐of‐Way,
nor does it relieve Franchisee from any provision of the City’s Codes related to the
siting of wireless facilities.
(c) Replacement poles or structures are permissible provided that Franchisee
removes the old pole or structure promptly, but no more than thirty (30) days
after the installation of the replacement pole or structure.
Section XV.3.4 Concealment. Franchisee shall construct its Facilities consistent with
applicable concealment or stealth requirements as described in the City’s Codes, as the
same exist or are hereinafter amended, or in the applicable permit(s), lease, site specific
agreement or license agreement, in order to minimize the visual impact of such Facilities.
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Section XV.3.5 Light and Noise Requirements. Each Small Cell Facility must comply with
the City’s Codes’ requirements pertaining to light and noise.
Section XV.4 Eligible Facilities Requests. The parties acknowledge that it is the intent of
this Franchise to provide general authorization to use the Rights‐of‐Way for Small Cell Facilities.
The designs in a Small Cell Permit, including the dimensions and number of antennas and
equipment boxes and the pole height are intended and stipulated to be concealment features
when considering whether a proposed modification is a substantial change under Section 6409(a)
of the Spectrum Act, 47 U.S.C. § 1455(a).
Section XV.5 Inventory. Franchisee shall maintain a current inventory of Small Cell
Facilities throughout the term of this Franchise, which Franchisee shall provide to the City within
thirty (30) days of a reasonable request by the City. The inventory report shall include GIS
coordinates, date of installation, type of pole used for installation, description/type of installation
for each Small Cell Facility installation and photographs taken before and after the installation of
the Small Cell Facility and taken from the public street. Small Cell Facilities that are considered
Deactivated Facilities, as described in Section XVII.1, shall be included in the inventory report and
Franchisee shall provide the same information as is provided for active installations as well as the
date the Facilities were deactivated and the date the Deactivated Facilities were removed from
the Right‐of‐Way. The City shall compare the inventory report to its records to identify any
discrepancies, and the parties will work together in good faith to resolve any discrepancies.
Franchisee is not required to report on future inventory reports any Deactivated Facilities which
were removed from the Right‐of‐Way since the last reported inventory, and may thereafter omit
reference to the Deactivated Facilities.
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Section XV.6 Graffiti Abatement. As soon as practical, but not later than fourteen (14)
days from the date Franchisee receives notice or is otherwise aware, Franchisee shall remove all
graffiti on any of its Small Cell Facilities in which it is the owner of the pole or structure or on the
Small Cells Facilities themselves attached to a third party pole (i.e. graffiti on the shrouding
protecting the radios). The foregoing shall not relieve Franchisee from complying with any City
graffiti or visual blight ordinance or regulation.
SECTION XVI. Insurance.
Section XVI.1 Franchisee shall procure and maintain for so long as Franchisee has
Facilities in the Public Ways, insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the exercise of rights, privileges and
authority granted to Franchisee under this Franchise. Franchisee shall require that every
contractor maintain substantially the same insurance coverage with substantially the same policy
limits as required of Franchisee, or otherwise reasonably approved by the City, while doing work
hereunder. Franchisee shall procure insurance from insurers with a current A.M. Best rating of
not less than A‐. Franchisee shall provide a copy of a certificate of insurance and blanket
additional insured endorsement to the City for its inspection at the time of acceptance of this
Franchise, and such insurance certificate shall evidence a policy of insurance that includes:
(a) Automobile Liability insurance with limits of a minimum of five million
dollars ($5,000,000) combined single limit each accident for bodily injury and property damage;
(b) Commercial General Liability insurance, written on an occurrence basis
with total limits of a minimum of five million dollars ($5,000,000) per occurrence for bodily injury
and property damage and a minimum of five million dollars ($5,000,000) general aggregate
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including premises, operations, independent contractors, products and completed operations;
explosion, collapse and underground (XCU);
(c) Workers’ Compensation coverage or qualified self‐insurance as required
by the Industrial Insurance laws of the State of Washington; and
(d) Excess Umbrella liability policy with limits of a minimum of five million
dollars ($5,000,000) per occurrence and in the aggregate.
Section XVI.2 Payment of deductible or self‐insured retention shall be the sole
responsibility of Franchisee. Franchisee may utilize primary and umbrella liability insurance
policies to satisfy the insurance policy limits required in this Section XVI.
Section XVI.3 The insurance policies, with the exception of Workers’ Compensation
obtained by Franchisee shall include the City, its officers, officials, and employees (“Additional
Insureds”), as an additional insured under this Franchise with regard to activities performed by
or on behalf of Franchisee. The coverage shall contain no special limitations on the scope of
protection afforded to the Additional Insureds. In addition, the insurance policy shall contain a
clause stating that coverage shall apply separately to each insured against whom a claim is made
or suit is brought, except with respect to the limits of the insurer’s liability. Franchisee shall
provide to the City a certificate of insurance and blanket additional insured endorsement.
Receipt by the City of any certificate showing less coverage than required is not a waiver of
Franchisee’s obligations to fulfill the requirements. Franchisee’s insurance shall be primary
insurance with respect to the Additional Insureds. Any insurance maintained by the Additional
Insureds shall be in excess of Franchisee’s insurance and shall not contribute with it.
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Section XVI.4 Upon receipt of notice from its insurer(s), Franchisee shall provide the City
with thirty (30) days' prior written notice of any cancellation of any insurance policy, required
pursuant to this Section XVI, that is not replaced. If not replaced, Franchisee shall, prior to the
effective date of such cancellation, obtain replacement insurance policies meeting the
requirements of this Section XVI. Failure to provide the insurance cancellation notice and to
furnish to the City replacement insurance policies meeting the requirements of this Section XVI
shall be considered a material breach of this Franchise and subject to the City’s election of
remedies described in Section XXI below. Notwithstanding the cure period described in Section
XXI.2, the City may pursue its remedies immediately upon a failure to furnish replacement
insurance.
Section XVI.5 Franchisee’s maintenance of insurance as required by this Section XVI shall
not be construed to limit the liability of Franchisee to the coverage provided by such insurance,
or otherwise limit the City’s recourse to any remedy available at law or equity. Further,
Franchisee’s maintenance of insurance policies required by this Franchise shall not be construed
to excuse unfaithful performance by Franchisee.
Section XVI.6 As of the Effective Date of this Franchise, Franchisee is not self‐insured.
Should Franchisee wish to become self‐insured at the levels outlined in this Franchise at a later
date, Franchisee shall comply with the following: (i) provide the City, upon request, a copy of
Franchisee’s, or its parent company’s, most recent audited financial statements if such financial
statements are not otherwise publically available; (ii) Franchisee or its parent company is
responsible for all payments within the self‐insured retention; and (iii) Franchisee assumes all
defense and indemnity obligations as outlined in the indemnification terms of this Franchise.
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SECTION XVII. Abandonment of Franchisee’s Telecommunications Network.
Section XVII.1 Where any Facilities or portions of Facilities are no longer needed and their
use is to be discontinued, the Franchisee shall immediately report such Facilities in writing
(“Deactivated Facilities”) to the Community and Economic Development Administrator or
designee. This notification is in addition to the inventory revisions addressed in Section XV.5.
Deactivated Facilities, or portions thereof, shall be completely removed within ninety (90) days
and the site, pole or infrastructure restored to its pre‐existing condition.
Section XVII.2 If Franchisee leases a structure from a landlord and such landlord later
abandons the structure, for example by building a replacement structure, Franchisee shall
remove or relocate its Facilities within ninety (90) days of such notification from the landlord at
no cost to the City and shall remove the pole if so required by the landlord.
Section XVII.3 Upon the expiration, termination, or revocation of the rights granted under
this Franchise, Franchisee shall remove all of its Facilities from the Rights‐of‐Way within ninety
(90) days of receiving written notice from the Community and Economic Development
Administrator or designee. The Facilities, in whole or in part, may not be abandoned by
Franchisee without written approval by the City. Any plan for abandonment or removal of
Franchisee’s Facilities must be first approved by the Community and Economic Development
Administrator or designee, and all necessary permits must be obtained prior to such work.
Franchisee shall restore the Rights‐of‐Way to at least the same condition that the Rights‐of‐Way
were in immediately prior to any such installation, construction, relocation, maintenance or
repair, reasonable wear and tear and casualty excepted, provided Franchisee shall not be
responsible for any damages to the Rights‐of‐Way not caused by Franchisee or any person doing
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work for Franchisee. All work performed within the Rights‐of‐Way shall be performed in
accordance with the City’s Codes. Franchisee shall be solely responsible for all costs associated
with removing its Facilities.
Section XVII.4 Notwithstanding Section XVII.1 above, the City may permit Franchisee’s
Facilities to be abandoned in place in such a manner as the City may prescribe. Upon permanent
abandonment, and Franchisee’s agreement to transfer ownership of the Facilities to the City,
Franchisee shall submit to the City all necessary instruments for transferring ownership to the
City.
Section XVII.5 Any Facilities that are not removed within one hundred eighty (180) days
of either the date (i) of termination or revocation of this Franchise, or (ii) the City issued a permit
authorizing removal, whichever is later, shall automatically become the property of the City. Any
costs incurred by the City in safeguarding such Facilities or removing the Facilities shall be
reimbursed by Franchisee. Nothing contained within this Section XVII shall prevent the City from
compelling Franchisee to remove any such Facilities through judicial action when the City has not
permitted Franchisee to abandon said Facilities in place.
Section XVII.6 The provisions of this Section XVII shall survive the expiration, revocation,
or termination of this Franchise and for so long as Franchisee has Facilities in Rights‐of‐Way.
SECTION XVIII. Bonds.
Section XVIII.1 Performance Bond. Franchisee shall furnish a performance bond
(“Performance Bond”) written by a corporate surety reasonably acceptable to the City equal to
at least one hundred fifty percent (150%) of the estimated cost of constructing Franchisee’s
Facilities, excluding materials, within the Rights‐of‐Way of the City prior to commencement of
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any such work. The Performance Bond shall guarantee the following: (1) timely completion of
construction; (2) construction in compliance with all applicable plans, permits, technical codes,
and standards; (3) proper location of the Facilities as specified by the City; (4) restoration of the
Rights‐of‐Way and other City properties affected by the construction; (5) submission of as‐built
drawings after completion of construction; and (6) timely payment and satisfaction of all claims,
demands, or liens for labor, materials, or services provided in connection with the work which
could be asserted against the City or City property. Said bond must remain in full force until the
completion of construction, including final inspection, corrections, and final approval of the work,
recording of all easements, provision of as‐built drawings, and the posting of a Maintenance Bond
as described in Section XVIII.2. Compliance with the Performance Bond requirement of the City’s
Codes shall satisfy the provisions of this Section XVIII.1. In lieu of a separate Performance Bond
for individual projects involving work in the Franchise Area, Franchisee may satisfy the City’s bond
requirements by posting a single on‐going performance bond in an amount approved by City.
Section XVIII.2 Maintenance Bond. Franchisee shall furnish a two (2)‐year maintenance
bond (“Maintenance Bond”), or other surety acceptable to the City, at the time of final
acceptance of construction work on Facilities within the Rights‐of‐Way. The Maintenance Bond
amount will be equal to ten percent (10%) of the documented final cost of the construction work,
excluding materials. The Maintenance Bond in this Section XVIII.2 must be in place prior to City’s
release of the bond required by Section XVIII.1. Compliance with the Maintenance Bond
requirement of the City’s Codes shall satisfy the provisions of this Section XVIII.2. In lieu of a
separate Maintenance Bond for individual projects involving work in the Franchise Area,
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Franchisee may satisfy the City’s bond requirements by posting a single on‐going maintenance
bond in an amount approved by City.
Section XVIII.3 Franchise Bond. Franchisee shall provide City with a bond in the amount
of fifty thousand dollars ($50,000) (“Franchise Bond”) running or renewable for the term of this
Franchise, in a form and substance reasonably acceptable to City. In the event Franchisee shall
fail to substantially comply with any one or more of the provisions of this Franchise following
notice and a reasonable opportunity to cure, then there shall be recovered jointly and severally
from Franchisee and the bond any actual damages suffered by City as a result thereof, including
but not limited to staff time, material and equipment costs, compensation or indemnification of
third parties, and the cost of removal or abandonment of facilities hereinabove described.
Franchisee specifically agrees that its failure to comply with the terms of this Section XVIII shall
constitute a material breach of this Franchise. The amount of the bond shall not be construed to
limit Franchisee's liability or to limit the City's recourse to any remedy to which the City is
otherwise entitled at law or in equity.
SECTION XIX. Modification. The City and Franchisee hereby reserve the right to alter,
amend, or modify the terms and conditions of this Franchise upon written agreement of both
parties to such alteration, amendment or modification.
SECTION XX. Revocation. If Franchisee willfully violates or fails to comply with any
material provisions of this Franchise, then at the election of the Renton City Council after at least
thirty (30) days' written notice to Franchisee specifying the alleged violation or failure, the City
may revoke all rights conferred and this Franchise may be revoked by the City Council after a
hearing held upon such notice to Franchisee. Such hearing shall be open to the public and
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Franchisee and other interested parties may offer written and/or oral evidence explaining or
mitigating such alleged noncompliance. Within thirty (30) days after the hearing, the Renton City
Council, on the basis of the record, will make the determination as to whether there is cause for
revocation, whether the Franchise will be terminated, or whether lesser sanctions should
otherwise be imposed. The Renton City Council may in its sole discretion fix an additional time
period to cure violations. If the deficiency has not been cured at the expiration of any additional
time period or if the Renton City Council does not grant any additional period, the Renton City
Council may by resolution declare the Franchise to be revoked and forfeited or impose lesser
sanctions. If Franchisee appeals revocation and termination, such revocation may be held in
abeyance pending judicial review by a court of competent jurisdiction, provided Franchisee is
otherwise in compliance with the Franchise.
SECTION XXI. Remedies to Enforce Compliance.
Section XXI.1 The City may elect, without any prejudice to any of its other legal rights and
remedies, to obtain an order from the superior court having jurisdiction compelling Franchisee
to comply with the provisions of the Franchise and to recover damages and costs incurred by the
City by reason of Franchisee’s failure to comply. In addition to any other remedy provided herein,
the City reserves the right to pursue any remedy to compel or force Franchisee and/or its
successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy
by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for
breach of the conditions herein. Provided, further, that by entering into this Franchise, it is not
the intention of the City or Franchisee to waive any other rights, remedies, or obligations as
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otherwise provided by law equity, or otherwise, and nothing contained here shall be deemed or
construed to effect any such waiver.
Section XXI.2 If Franchisee shall violate, or fail to comply with any of the provisions of this
Franchise, or should it fail to heed or comply with any notice given to Franchisee under the
provisions of this Franchise, the City shall provide Franchisee with written notice specifying with
reasonable particularity the nature of any such breach and Franchisee shall undertake all
commercially reasonable efforts to cure such breach within thirty (30) days of receipt of
notification. If the parties reasonably determine the breach cannot be cured within (30) thirty
days, the City may specify a longer cure period, and condition the extension of time on
Franchisee's submittal of a plan to cure the breach within the specified period, commencement
of work within the original thirty (30) day cure period, and diligent prosecution of the work to
completion. If the breach is not cured within the specified time, or Franchisee does not comply
with the specified conditions, the City may, at its discretion, (1) revoke this Franchise with no
further notification, or (2) claim damages of two hundred fifty dollars ($250) per day against the
Franchise Bond set forth in Section XVIII.3, or (3) pursue other remedies as described in Section
XXI.1 above. Liquidated damages described in this Section XXI.2 shall not be offset against any
sums due to the City as a tax or reimbursement pursuant to Section XIV.
SECTION XXII. Non‐Waiver. The failure of the City to insist upon strict performance of
any of the covenants and agreements of this Franchise or to exercise any option herein conferred
in any one or more instances, shall not be construed to be a waiver or relinquishment of any such
covenants, agreements or option or any other covenants, agreements or option.
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SECTION XXIII. City Ordinances and Regulations. Nothing herein shall be deemed to
restrict the City’s ability to adopt and enforce all necessary and appropriate ordinances regulating
the performance of the conditions of this Franchise, including any valid ordinance made in the
exercise of its police powers in the interest of public safety and for the welfare of the public. The
City shall have the authority at all times to reasonably control by appropriate regulations the
location, elevation, manner of construction and maintenance of Facilities by Franchisee, and
Franchisee shall promptly conform with all such regulations, unless compliance would cause
Franchisee to violate other requirements of law. In the event of a conflict between the provisions
of this Franchise and any other generally applicable ordinance(s) enacted under the City’s police
power authority, such other ordinances(s) shall take precedence over the provisions set forth
herein.
SECTION XXIV. Cost of Publication. The cost of publication of this Franchise shall be
borne by Franchisee, if applicable.
SECTION XXV. Acceptance. Franchisee shall execute and return to the City its
execution and acceptance of this Franchise in the form attached hereto as Exhibit B. In addition,
Franchisee shall submit proof of insurance obtained and additional insured endorsement
pursuant to Section XVI, any Performance Bond, if applicable, pursuant to Section XVIII.1 and the
Franchise Bond required pursuant to Section XVIII.3. The administrative fee pursuant to Section
XIV.1 is due within thirty (30) days of receipt of the invoice from the City.
SECTION XXVI. Survival. All of the provisions, conditions, and requirements of Section
V, Section VI, Section VII, Section VIII, Section XVII, Section XXVI, Section XXVII.3, Sections
XXXVIII.1 through XXXVIII.5, and Section XXXVIII.9 of this Franchise shall be in addition to any and
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all other obligations and liabilities Franchisee may have to the City at common law, by statute, or
by contract, and shall survive the City’s Franchise to Franchisee for the use of the Franchise Area,
and any renewals or extensions thereof, or as otherwise provided herein. All of the provisions,
conditions, regulations and requirements contained in this Franchise shall further be binding
upon the heirs, successors, executors, administrators, legal representatives and assigns of
Franchisee and all privileges, as well as all obligations and liabilities of Franchisee shall inure to
its heirs, successors and assigns equally as if they were specifically mentioned where Franchisee
is named herein.
SECTION XXVII. Assignment.
Section XXVII.1 This Franchise may not be directly or indirectly assigned, transferred, or
disposed of by sale, lease, merger, consolidation or other act of Franchisee, by operation of law
or otherwise, unless approved in writing by the City, which approval shall not be unreasonably
withheld, conditioned or delayed. The above notwithstanding, Franchisee may freely assign this
Franchise, without City approval, in whole or in part to a parent, subsidiary, or affiliated entity,
unless there is a change of control as described in Section XXVII.2 below, to an entity that acquires
all or substantially all of Franchisee’s assets in the market defined by the Federal Communication
Commission in which the Franchise Area is located, or for collateral security purposes. Franchisee
shall provide prompt, written notice to the City of any such assignment. In the case of transfer
or assignment as security by mortgage or other security instrument in whole or in part to secure
indebtedness, such consent shall not be required unless and until the secured party elects to
realize upon the collateral. For purposes of this Section XXVII, no assignment or transfer of this
Franchise shall be deemed to occur based on the public trading of Franchisee’s stock; provided,
AGENDA ITEM # 7. a)
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however, any tender offer, merger, or similar transaction resulting in a change of control shall be
subject to the provisions of this Franchise. After any assignment as provided hereunder,
Franchisee shall be relieved of all obligations and liability arising after the date of such
assignment.
Section XXVII.2 Any transactions that singularly or collectively result in a change of more
than fifty percent (50%) of the ultimate ownership or working control of Franchisee, ownership
or working control of affiliated entities having ownership or working control of Franchisee or of
the Facilities, or of control of the capacity or bandwidth of Franchisee’s Facilities, shall be
considered an assignment or transfer requiring City approval. Transactions between affiliated
entities are not exempt from City approval if there is a change in control as described in the
preceding sentence. Franchisee shall promptly notify the City prior to any proposed change in,
or transfer of, or acquisition by any other party of control of Franchisee. Every change, transfer,
or acquisition of control of Franchisee shall cause a review of the proposed transfer. The City shall
approve or deny such request for an assignment or transfer requiring City’s consent within one
hundred twenty (120) days of a completed application from Franchisee, unless a longer period
of time is mutually agreed to by the parties or when a delay in the action taken by the City is due
to the schedule of the City Council and action cannot reasonably be obtained within the one
hundred twenty (120)‐day period. In the event that the City adopts a resolution denying its
consent and such change, transfer, or acquisition of control has been affected, the City may
revoke this Franchise, following the revocation procedure described in Section XX above. The
assignee or transferee must have the legal, technical, financial, and other requisite qualifications
to own, hold, and operate Franchisee’s Services. Franchisee shall reimburse the City for all direct
AGENDA ITEM # 7. a)
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and indirect costs and expenses reasonably incurred by the City in considering a request to
transfer or assign this Franchise, in accordance with the provisions of Section XIV.2 and Section
XIV.3, and shall pay the applicable application fee.
Section XXVII.3 Franchisee may, without prior consent from the City: (i) lease the
Facilities, or any portion, to another person; (ii) grant an indefeasible right of user interest in the
Facilities, or any portion, to another person; or (iii) offer to provide capacity or bandwidth in its
Facilities to another person, provided further, that Franchisee shall at all times retain exclusive
control over its Facilities and remain fully responsible for compliance with the terms of this
Franchise, and Franchisee shall furnish, upon request from the City, a copy of any such lease or
agreement, provided that Franchisee may redact the name, street address (except for City and
zip code), Social Security Numbers, Employer Identification Numbers or similar identifying
information, and other information considered confidential under applicable laws provided in
such lease or agreement, and the lessee complies, to the extent applicable, with the
requirements of this Franchise and applicable City requirements. Franchisee’s obligation to
remain fully responsible for compliance with the terms under this Section XXVII.3 shall survive
the expiration of this Franchise but only if and to the extent and for so long as Franchisee is still
the owner or has exclusive control over the Facilities used by a third party.
SECTION XXVIII. Extension. If this Franchise expires without renewal, the City may,
subject to applicable law:
(a) Allow Franchisee to maintain and operate its Facilities on a month‐to‐month
basis, provided that Franchisee maintains insurance for such Facilities during such period and
continues to comply with this Franchise; or
AGENDA ITEM # 7. a)
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(b) The City may order the removal of any and all Facilities at Franchisee’s sole
cost and expense consistent with Section XVII.
SECTION XXIX. Entire Agreement. This Franchise constitutes the entire understanding
and agreement between the parties as to the subject matter herein and no other agreements or
understandings, written or otherwise, shall be binding upon the parties upon execution of this
Franchise.
SECTION XXX. Eminent Domain. The existence of this Franchise shall not preclude the
City from acquiring by condemnation in accordance with applicable law, all or a portion of the
Franchisee’s Facilities for the fair market value thereof. In determining the value of such
Facilities, no value shall be attributed to the right to occupy the area conferred by this Franchise.
SECTION XXXI. Vacation. If at any time the City, by ordinance, vacates all or any
portion of the area affected by this Franchise, the City shall not be liable for any damages or loss
to the Franchisee by reason of such vacation. The City shall notify the Franchisee in writing not
less than ninety (90) days before vacating all or any portion of any such area. The City may, after
ninety (90) days' written notice to the Franchisee, terminate this Franchise with respect to such
vacated area.
SECTION XXXII. Notice. Any Notice or information required or permitted to be given
to the parties under this Franchise agreement may be sent to the following addresses unless
otherwise specified:
City:
City of Renton
Attn: Administrator, Community &
Economic Development Department
1055 South Grady Way
Renton, WA 98057
Franchisee:
ExteNet Systems, Inc.
Attn: CFO
3030 Warrenville Road, Suite 340
Lisle, Illinois 60532
AGENDA ITEM # 7. a)
ORDINANCE NO. ________
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With a copy to:
City of Renton
Attn: City Attorney
1055 South Grady Way
Renton, WA 98057
With a copy to:
General Counsel and COO
3030 Warrenville Road, Suite 340
Lisle, Illinois 60532
NOTICE@extenetsystems.com
SECTION XXXIII. Severability. If any Section, sentence, clause or phrase of this Franchise
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
Section, sentence, clause or phrase of this Franchise unless such invalidity or unconstitutionality
materially alters the rights, privileges, duties, or obligations hereunder, in which event either
party may request renegotiation of those remaining terms of this Franchise materially affected
by such court’s ruling.
SECTION XXXIV. Compliance with All Applicable Laws. Franchisee agrees to comply with
all present and future federal, state and local laws, ordinances, rules and regulations, except to
the extent that the Franchisee has a vested right in accordance with the vested rights doctrine
under Washington case law or as codified at RCW 19.27.095, including all City requirements
relating to the provisions of the State Environmental Policy Act (“SEPA”), unless otherwise
exempt. This Franchise is subject to ordinances of general applicability enacted pursuant to the
City’s police powers. Franchisee shall, at its own expense, maintain its Facilities in a safe
condition, in good repair and in a manner suitable to the City. Additionally, Franchisee shall keep
its Facilities free of debris and anything of a dangerous, noxious or offensive nature or which
would create a hazard or undue vibration, heat, noise or any interference with City services. City
reserves the right at any time to amend this Franchise to conform to any hereafter enacted,
amended, or adopted federal or state statute or regulation relating to the public health, safety,
AGENDA ITEM # 7. a)
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and welfare, or relating to roadway regulation, or a City ordinance enacted pursuant to such
federal or state statute or regulation upon providing Franchisee with thirty (30) days' written
notice of its action setting forth the full text of the amendment and identifying the statute,
regulation, or ordinance requiring the amendment. Said amendment shall become automatically
effective upon expiration of the notice period unless, before expiration of that period, Franchisee
makes a written request for negotiations over the terms of the amendment. If the parties do not
reach agreement as to the terms of the amendment within forty‐five (45) days after the call for
negotiations, City may enact the proposed amendment, by incorporating Franchisee's concerns
to the maximum extent City deems possible.
SECTION XXXV. Attorneys’ Fees. 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 and expenses, including such sum as the court may judge as reasonable for
attorneys’ fees, costs, expenses and attorneys’ fees upon appeal of any judgment or ruling.
SECTION XXXVI. Hazardous Substances. Franchisee shall not introduce or use any
hazardous substances (chemical or waste), in violation of any applicable law or regulation, nor
shall Franchisee allow any of its agents, contractors or any person under its control to do the
same. Franchisee will be solely responsible for and will defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from and against any and all claims,
costs and liabilities including reasonable attorneys’ fees and costs, arising out of or in connection
with the cleanup or restoration of the property associated with Franchisee’s use, storage, release,
or disposal of hazardous substances, whether or not intentional, and the use, storage, release,
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or disposal of such substances by Franchisee’s agents, contractors or other persons acting under
Franchisee’s control, whether or not intentional.
SECTION XXXVII. Licenses, Fees and Taxes. Prior to constructing any improvements,
Franchisee shall obtain a business or utility license from the City. Franchisee shall pay promptly
and before they become delinquent, all taxes on personal property and improvements owned or
placed by Franchisee and shall pay all license fees and public utility charges relating to the
conduct of its business, shall pay for all permits, licenses and zoning approvals, shall pay any other
applicable tax unless documentation of exemption is provided to the City and shall pay utility
taxes and license fees imposed by the City.
SECTION XXXVIII. Miscellaneous.
Section XXXVIII.1 Franchisee releases, covenants not to bring suit, and agrees to
indemnify, defend, and hold harmless the City, its officers, employees, and agents from any and
all claims, costs, judgments, awards, or liability to any person, for injury or death of any person,
or damage to property, caused by or arising out of any acts or omissions of Franchisee, its agents,
servants, officers, or employees in the performance of this Franchise and any rights granted by
this Franchise. These indemnification obligations shall extend to claims that are not reduced to
a suit and any claims that may be compromised, with Franchisee’s prior written consent, prior to
the culmination of any litigation or the institution of any litigation.
Section XXXVIII.2 Inspection or acceptance by the City of any work performed by
Franchisee at the time of completion of construction shall not be grounds for avoidance by
Franchisee of any of its indemnification obligations under this Franchise.
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Section XXXVIII.3 The City shall promptly notify Franchisee of any claim or suit and
request in writing that Franchisee indemnify the City. Franchisee may choose counsel to defend
the City subject to this Section XXXVIII.3. The City’s failure to so notify and request
indemnification shall not relieve Franchisee of any liability that Franchisee might have, except to
the extent that such failure prejudices Franchisee’s ability to defend such claim or suit. In the
event that Franchisee refuses the tender of defense in any suit or any claim, as required pursuant
to the indemnification provisions within this Franchise, and said refusal is subsequently
determined by a court having jurisdiction (or such other tribunal that the parties shall agree to
decide the matter), to have been a wrongful refusal on the part of Franchisee, Franchisee shall
pay all of the City’s reasonable costs for defense of the action, including all expert witness fees,
costs, and attorney’s fees, and including costs and fees incurred in recovering under this
indemnification provision. If separate representation to fully protect the interests of both parties
is necessary, such as a conflict of interest between the City and the counsel selected by
Franchisee to represent the City, then upon the prior written approval and consent of Franchisee,
which shall not be unreasonably withheld, the City shall have the right to employ separate
counsel in any action or proceeding and to participate in the investigation and defense thereof,
and Franchisee shall pay the reasonable fees and expenses of such separate counsel, except that
Franchisee shall not be required to pay the fees and expenses of separate counsel on behalf of
the City for the City to bring or pursue any counterclaims or interpleader action, equitable relief,
restraining order or injunction. The City’s fees and expenses shall include all out‐of‐pocket
expenses, such as consultants and expert witness fees, and shall also include the reasonable
value of any services rendered by the counsel retained by the City but shall not include outside
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attorneys’ fees for services that are unnecessarily duplicative of services provided the City by
Franchisee. Each party agrees to cooperate and to cause its employees and agents to cooperate
with the other party in the defense of any such claim and the relevant records of each party shall
be available to the other party with respect to any such defense.
Section XXXVIII.4 Except to the extent that damage or injury arises from the negligence
or willful misconduct of the City, its employees, agents, volunteers, elected officials or
contractors, the obligations of Franchisee under the indemnification provisions of Section XXXVIII
and any other indemnification provision herein shall apply regardless of whether liability for
damages arising out of bodily injury to persons or damages to property were caused or
contributed to by the concurrent negligence of the City, its officers, agents, employees or
contractors. Notwithstanding the proceeding sentence, to the extent the provisions of RCW
4.24.115 are applicable, the parties agree that the indemnity provisions hereunder shall be
deemed amended to conform to said statute and liability shall be allocated as provided therein.
It is further specifically and expressly understood that the indemnification provided constitutes
Franchisee’s waiver of immunity under Title 51 RCW, solely for the purposes of this
indemnification, relating solely to indemnity claims made by the City directly against the
Franchisee for claims made against the City by Franchisee’s employees. This waiver has been
mutually negotiated by the parties.
Section XXXVIII.5 Notwithstanding any other provisions of Section XXXVIII, Franchisee
assumes the risk of damage to its Facilities located in the Public Ways and upon City‐owned
property from activities conducted by the City, its officers, agents, employees, volunteers,
elected and appointed officials, and contractors, except to the extent any such damage or
AGENDA ITEM # 7. a)
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destruction is caused by or arises from any sole negligence, willful misconduct, or criminal actions
on the part of the City, its officers, agents, employees, volunteers, or elected or appointed
officials, or contractors. In no event shall the City be liable for any indirect, incidental, special,
consequential, exemplary, or punitive damages, including by way of example and not limitation
lost profits, lost revenue, loss of goodwill, or loss of business opportunity in connection with its
performance or failure to perform under this Franchise. Franchisee releases and waives any and
all such claims against the City, its officers, agents, employees, volunteers, or elected or
appointed officials, or contractors. Franchisee further agrees to indemnify, hold harmless and
defend the City against any claims for damages, including, but not limited to, business
interruption damages and lost profits, brought by or under users of Franchisee’s Facilities as the
result of any interruption of service due to damage or destruction of Franchisee’s Facilities
caused by or arising out of activities conducted by the City, its officers, agents, employees or
contractors, except to the extent any such damage or destruction is caused by or arises from the
sole negligence or any willful misconduct on the part of the City, its officers, agents, employees,
volunteers, or elected or appointed officials, or contractors.
Section XXXVIII.6 The indemnification provisions of Sections XXXVIII.1 through XXXVIII.5
shall survive the expiration, revocation, or termination of this Franchise.
Section XXXVIII.7 Franchisee is solely responsible for determining whether its Small Cell
Facilities interfere with telecommunications facilities of utilities and other franchisees within the
Rights‐of‐Way. Franchisee shall comply with the rules and regulations of the Federal
Communications Commission regarding radio frequency interference when siting its Small Cell
Facilities within the Franchise Area. Franchisee, in the performance and exercise of its rights and
AGENDA ITEM # 7. a)
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obligations under this Franchise shall not physically or technically interfere in any manner with
the existence and operation of any and all existing utilities, sanitary sewers, water mains, storm
drains, gas mains, poles, aerial and underground electrical and telephone wires, electroliers,
cable television, and other telecommunications, utility, or municipal property, without the
express written approval of the owner or owners of the affected property or properties, except
as expressly permitted by applicable law or this Franchise, and as long as such equipment is
operating in accordance with applicable laws and regulations.
Section XXXVIII.8 City and Franchisee respectively represent that its signatory is duly
authorized and has full right, power and authority to execute this Franchise.
Section XXXVIII.9 This Franchise shall be construed in accordance with the laws of the
State of Washington. Venue for any dispute related to this Franchise shall be the United States
District Court for the Western District of Washington, or King County Superior Court.
Section XXXVIII.10 Section captions and headings are intended solely to facilitate the
reading thereof. Such captions and headings shall not affect the meaning or interpretation of
the text herein.
Section XXXVIII.11 Where the context so requires, the singular shall include the plural
and the plural includes the singular.
Section XXXVIII.12 Franchisee shall be responsible for obtaining all other necessary
approvals, authorizations and agreements from any party or entity and it is acknowledged and
agreed that the City is making no representation, warranty or covenant whether any of the
foregoing approvals, authorizations or agreements are required or have been obtained by
Franchisee by any person or entity.
AGENDA ITEM # 7. a)
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Section XXXVIII.13 This Franchise may be enforced at both law and equity.
Section XXXVIII.14 Franchisee acknowledges that it, and not the City, shall be responsible
for the premises and equipment’s compliance with all marking and lighting requirements of the
FAA and the FCC. Franchisee shall indemnify and hold the City harmless from any fines or other
liabilities caused by Franchisee’s failure to comply with such requirements, except to the extent
such failure is due to the actions or inactions of the City. Should Franchisee or the City be cited
by either the FCC or the FAA because the Facilities or the Franchisee’s equipment is not in
compliance and should Franchisee fail to cure the conditions of noncompliance within the
timeframe allowed by the citing agency, the City may either terminate this Franchise immediately
on notice to the Franchisee or proceed to cure the conditions of noncompliance at the
Franchisee’s expense.
SECTION XXXIX. Ordinance Effective Date. This ordinance, being an exercise of a
power specifically delegated to the City legislative body, is not subject to referendum, and shall
take effect five (5) days after passage and publication of an approved summary thereof consisting
of the title (“Effective Date”).
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2020.
________________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2020.
________________________________
Armondo Pavone, Mayor
AGENDA ITEM # 7. a)
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Approved as to form:
________________________________
Shane Moloney, City Attorney
Date of Publication: __________
ORD:2112:6/16/20
AGENDA ITEM # 7. a)
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SUMMARY OF ORDINANCE NO. ________
City of Renton, Washington
______________________________________________________________________________
On the ___ day of _______, 202__, the City Council of the City of Renton passed Ordinance
No. _____. A summary of the content of said Ordinance, consisting of the title, is provided as
follows:
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING TO EXTENET SYSTEMS,
INC., AND ITS AFFILIATES, SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY AND
NONEXCLUSIVE FRANCHISE FOR FIVE (5) YEARS, TO CONSTRUCT, MAINTAIN, OPERATE,
REPLACE AND REPAIR A TELECOMMUNICATIONS NETWORK FOR SMALL CELL TECHNOLOGY, IN,
ACROSS, OVER, ALONG, UNDER, THROUGH AND BELOW CERTAIN DESIGNATED PUBLIC RIGHTS‐
OF‐WAY OF THE CITY OF RENTON, WASHINGTON.
The full text of this Ordinance will be mailed upon request.
___________________________________
CITY CLERK
FILED WITH THE CITY CLERK: _______
PASSED BY THE CITY COUNCIL: _______
PUBLISHED: ______
EFFECTIVE DATE: ______
ORDINANCE NO.: ______
AGENDA ITEM # 7. a)
EXHIBIT A
FRANCHISEE’S INITIAL DEPLOYMENT PLAN
Design of the small cell facilities will follow the City’s standard detail, as noted in Section XV.3 Design.
AGENDA ITEM # 7. a)
EXHIBIT B
STATEMENT OF ACCEPTANCE
___________________________________, for itself, its successors and assigns, hereby accepts and
agrees to be bound by all lawful terms, conditions and provisions of the Franchise attached hereto
and incorporated herein by this reference.
ExteNet Systems, Inc.
By: _______________________
Name: ____________________
Title: ____________________
Date: ______________________
STATE OF ________________ )
)ss.
COUNTY OF ______________ )
On this ____ day of _______________, 202_, before me the undersigned, a Notary Public in and for
the State of _________________, duly commissioned and sworn, personally appeared,
__________________ , the ___________________of ExteNet Systems, Inc., the company that
executed the within and foregoing instrument, and acknowledged the said instrument to be the free
and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on
oath stated that he/she is authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date
hereinabove set forth.
_____________________________________________
Signature
______________________________________________
Printed Name
NOTARY PUBLIC in and for the State of
__________________, residing at __________________
MY COMMISSION EXPIRES:
______________________________
AGENDA ITEM # 7. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
4-3-040 OF THE RENTON MUNICIPAL CODE, AMENDING REGULATIONS RELATED
TO THE AUTOMALL DISTRICT, ADOPTING A REVISED AUTOMALL OVERLAY AREA
B MAP, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
WHEREAS, pursuant to RCW 36.70A.106, on May 5, 2020, the City notified the State of
Washington of its intent to adopt amendments to its development regulations; and
WHEREAS, the Planning Commission held a public hearing on May 20, 2020, considered
all relevant matters, and heard all parties in support or opposition, and subsequently forwarded
a recommendation to the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in
strikethrough and underline edits remain in effect and unchanged.
SECTION II. Section 4-3-040 of the Renton Municipal Code is amended as follows:
4-3-040 AUTOMALL DISTRICT:
A. PURPOSE:
These regulations establish development standards to implement the Renton
Automall Improvement Plan by guiding the redevelopment of the Automall
District.
AGENDA ITEM # 7. b)
ORDINANCE NO. ________
2
B. RESERVED. APPLICABILITY – RENTON AUTOMALL DISTRICT:
1. Automall Area A: Those properties within the areas bounded by South
Grady Way on the north, Rainier Avenue South (SR-167) on the east, I-405 on the
south, and Seneca Avenue South on the west, and that area bounded by SW Grady
Way on the north, Raymond Avenue SW on the west, Seneca Avenue SW on the
east, and the alley midway between SW Grady Way and SW 12th Street on the
south.
2. Automall Area B: Those properties the majority of which fall within the
following described areas: That area along the south side of SW Grady Way
defined by the alley between SW Grady Way and SW 12th Street on the north,
Seneca Avenue SW on the east, Raymond Avenue SW on the west, and I-405 on
the south;
That area along the south side of SW Grady Way west of Raymond Avenue
South between SW Grady Way on the north, Raymond Avenue South on the east,
a north/south line approximately four hundred feet (400') west of Raymond
Avenue SW on the west, and I-405 on the south;
That area along the north side of SW Grady Way west of Lind Avenue South
bounded by SW Grady Way on the south, Oakesdale Avenue SW on the west, SW
10th Street and its southwesterly extension on the north, and Lind Avenue SW on
the east;
That area along the north side of SW Grady Way between Lind Avenue to
the west and Rainier Avenue South on the east. Beginning at a point
AGENDA ITEM # 7. b)
ORDINANCE NO. ________
3
approximately four hundred feet (400') north of SW Grady Way along the east side
of Lind Avenue SW on the west, then east for a distance of approximately three
hundred twenty five feet (325'), then south to a point approximately one hundred
eighty feet (180') north of SW Grady Way, then east from this point parallel to SW
Grady Way to a point approximately ninety feet (90') west of Rainier Avenue
South, then north from this point approximately sixty feet (60'), then west
approximately fifty feet (50'), and then north approximately two hundred fifteen
feet (215') and then east approximately one hundred sixty feet (160') to Rainier
Avenue South on the east;
That area north of South 7th Street and west of Hardie Avenue generally
described as the area beginning at the northwest corner of South 7th Street and
Hardie Avenue South and then proceeding west approximately four hundred
twenty five feet (425'), then north approximately four hundred fifty feet (450') to
the southern edge of the Burlington Northern Railroad right-of-way, then east
along the railroad right-of-way approximately two hundred thirty five feet (235')
to Hardie Avenue and then south along Hardie Avenue to the beginning point;
That area north of South 7th Street between Hardie Avenue on the west,
the Burlington Northern Railroad right-of-way on the north, and Rainier Avenue
on the east;
That area north of South 7th Street between Rainier Avenue South on the
west, a line approximately one hundred ninety feet (190') north of and parallel to
South 7th Street on the north, and Shattuck Avenue South on the east;
AGENDA ITEM # 7. b)
ORDINANCE NO. ________
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The triangular area on the south side of South 7th Street between Hardie
Avenue on the west and Rainier Avenue on the east;
The larger area north of South Grady Way between Rainier Avenue on the
west and Shattuck Avenue South on the east between South 7th Street on the
north and South Grady Way on the south;
That area north of South Grady Way between Shattuck Avenue South on
the west, the northern edge of the former railroad right-of-way approximately one
hundred fifty feet (150') north of S. Grady Way, and Talbot Road/Smithers Avenue
S. on the east; and
That area along the south side of S. Grady Way east of Talbot Road
bounded by Talbot Road on the west, S. Grady Way on the northwest, Renton City
Hall on the north/northeast, Benson Road S. on the east/southeast, and the I-405
right-of-way on the south.
Together with those properties and portions thereof zoned Commercial
Arterial (CA) within the area between SR-167/Rainier Avenue South on the west,
South Grady Way on the north, Talbot Road South on the east and I-405 on the
south.
3. Automall Area C: Those properties bounded by SR-167 on the east, Lind
Avenue SW on the west, SW 41st Street on the south, and the approximate course
of Panther Creek on the north.
C. USES PERMITTED IN THE RENTON AUTOMALL DISTRICT:
The following use provisions take precedence over the underlying zoning:
AGENDA ITEM # 7. b)
ORDINANCE NO. ________
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1. USES ALLOWED IN AREA A
Only the following uses are permitted within Automall Area A
2. USES ALLOWED IN
AREAS B AND C
Within the CA Zone: Small vehicle sales;
Secondary uses including: Licensing bureaus, car rentals, public parking,
and other uses determined by the Administrator to directly support
dealerships;
Within the IM Zone: Small vehicle sales, and existing office;
Secondary uses including: Licensing bureaus, car rentals, public parking,
off-site parking consistent with RMC 4-4-080E2 and other uses
determined by the Administrator to directly support dealerships.
All uses permitted
by the underlying
zoning
D. DEVELOPMENT STANDARDS FOR USES LOCATED WITHIN THE RENTON
AUTOMALL – AREAS A, B AND C:
All permitted uses in Area A and all auto sales and related uses in Areas B and
C of the Renton Automall shall comply with the following development standards:
ALL USES IN AREA A, DEALERSHIPS AND RELATED USES IN
AREAS B AND C
SERVICE AREA ORIENTATION Service areas shall not face public street frontage.
LANDSCAPING – STREET
FRONTAGE LANDSCAPING
REQUIREMENTS
for lots that abut Lind Avenue
S.W., S.W. Grady Way, Talbot
Road S. (SR-515), East Valley
Road, or Rainier Avenue S.
A 15-foot-wide landscape strip along these street frontages.
This frontage requirement is in lieu of the frontage
requirement listed for the zone in chapter 4-2 RMC.
Unimproved portions of the right-of-way may be used in
combination with abutting private property to meet the
required 15-foot landscape strip width.
The landscaping shall include a minimum 30-inch-high berm
and red maples (Acer rubrum), or other equivalent tree
species required or approved by the Administrator on the
City’s Approved Tree List per RMC 4-4-070L, planted 25 feet
on center.
LANDSCAPING – MINIMUM
AMOUNT AND LOCATION
Minimum 2.5% of the gross site area shall be provided as on-
site landscaping. Landscaping shall be consolidated and
AGENDA ITEM # 7. b)
ORDINANCE NO. ________
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ALL USES IN AREA A, DEALERSHIPS AND RELATED USES IN
AREAS B AND C
located at site entries, building fronts, or other visually
prominent locations as approved through the site plan
development review process. Minimum landscaping may be
reduced to 2% of the gross site area where bioretention,
permeable paving, or other low impact development
techniques consistent with the Surface Water Design Manual
are integrated.
LANDSCAPE MAINTENANCE
AND TREE REMOVAL
All landscaping is subject to maintenance pursuant to RMC 4-
4-070P.
WHEEL STOPS If frontage landscaping is relocated, then permanent wheel
stops or continuous curbs must be installed a minimum of 2.5
feet from sidewalks to prevent bumper overhang of
sidewalks. Where these requirements differ from the
requirements of the parking, loading and driveway
regulations of chapter 4-4 RMC, these requirements shall
govern.
CUSTOMER PARKING Customer parking shall be designated and striped near entry
drives and visible from public streets. Where possible,
customer parking shall be combined with abutting dealership
customer parking and shared access. Where these
requirements differ from the requirements of the parking,
loading and driveway regulations of chapter 4-4 RMC, these
requirements shall govern.
AUTOMALL RIGHT-OF-WAY
IMPROVEMENT PLAN
COORDINATION
Development shall be coordinated with the adopted right-of-
way improvement plan which addresses gateways, signage,
landscaping, and shared access.
AUTOMALL IMPROVEMENT
PLAN COMPLIANCE
All development shall coordinate with the Automall
Improvement Plan adopted by Resolution No. 3457. The plan
addresses potential street vacations, right-of-way
improvements, area gateways, signage, landscaping,
circulation, and shared access.
AGENDA ITEM # 7. b)
ORDINANCE NO. ________
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E. POTENTIAL WAIVER OF STREET VACATION FEES FOR DEALERSHIPS
LOCATED WITHIN THE RENTON AUTOMALL AREA A:
All street vacation fees and compensation for the right-of-way may be waived
by the Council for developing properties in Area A, provided:
1. The properties are designated to be vacated on the Automall
Improvement Plan Map,
2. The application for street vacation conforms to RMC 9-14-10,
Administrative Procedure for Right-of-Way Vacations, and
3. The uses proposed conform to subsection C of this Section.
F. Reserved.
G. MAP OF AUTOMALL OVERLAY DISTRICTS:
The Automall Overlay is mapped in select ordinances amending this
subsection and also identified in the City of Renton’s COR Maps, the City’s online
interactive mapping application available through the City’s website.
SECTION II. The revised Automall Overlay Area B map, as shown in Exhibit A, is adopted
by this reference.
SECTION III. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court or 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.
AGENDA ITEM # 7. b)
ORDINANCE NO. ________
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SECTION IV. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this
ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2020.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2020.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2117:8/6/2020
AGENDA ITEM # 7. b)
ORDINANCE NO. ________
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EXHIBIT A
Automall Overlay Area B Map
AGENDA ITEM # 7. b)
AGENDA ITEM # 7. b)