HomeMy WebLinkAboutFinal Agenda Packet
AGENDA
City Council Regular Meeting
7:00 PM - Monday, August 21, 2017
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PROCLAMATIONS
a) Ready in Renton Month - September 2017
b) National Recovery Month - September 2017
4. PUBLIC HEARING
a) Tim D. Annexation and Proposed Zoning (A-16-002)
5. ADMINISTRATIVE REPORT
6. AUDIENCE COMMENTS
• Speakers must sign-up prior to the Council meeting.
• Each speaker is allowed five minutes.
• When recognized, please state your name & city of residence for the record.
NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for 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.
7. 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 14, 2017.
Council Concur
b) AB - 1979 City Clerk submits 10% Notice of Intent to Annex petition for the proposed
Wolf Woods Annexation and recommends a public meeting be set on 9/18/2017 to
consider the petition; 8-acre site located at the Northeastern portion of City limits.
Council Concur; Set Public Meeting on 09/18/2017
c) AB - 1969 Police Department recommends approval of a professional services agreement
with American Traffic Solutions in the amount of approximately $90,007 per month, to
add the operation of Red Light Camera and School Zone Speeding Camera enforcement
programs within the City, at Maplewood Heights Elementary School, and three
intersections (Park Ave. N/Logan Ave. N; S Grady Way/Talbot Rd. S; and S Puget
Dr./Benson Dr. S).
Refer to Public Safety Committee
d) AB - 1978 Transportation Systems Division recommends approval of a change order to
CAG-16-049, Sunset Lane NE Improvements Project 2016, contractor Road Construction
Northwest, in the amount of $347,510, to resolve a conflict between a 24-inch storm
sewer and an existing Puget Sound Energy (PSE) underground conduit.
Council Concur
8. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Finance Committee: Vouchers; FINI Grant Amendment; Utility Billing Adjustment
(Kentucky Fried Chicken/A&W); Utility Billing Adjustment (Westgate Condominiums)
b) Transportation (Aviation) Committee: Aerodyne, LLC Amendment to Lease Agreement;
Rainier Flight Service, LLC Amendment to Lease Agreement
c) Community Services Committee: Renton Municipal Arts Commission Appointment
9. LEGISLATION
Ordinances for first reading:
a) Ordinance No. 5857: Tim D. Annexation Ordinance (See Item 5.a.)
b) Ordinance No. 5858: Tim D. Zoning Ordinance (See Item 5.a.)
Ordinance for first reading and advancement to second and final reading:
c) Ordinance No. 5860: Langston 14, LLC. Street Vacation (VAC-17-001)
(Approved via Committee Report on 8/14/2017)
Ordinance for second and final reading:
d) Ordinance No. 5859: At Large/Vicious Animal Ordinance (First Reading on 08/14/2017)
10. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
11. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
6:00 p.m. - 7th Floor - Conferencing Center
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
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August 14, 2017 REGULAR COUNCIL MEETING MINUTES
MINUTES
City Council Regular Meeting
7:00 PM - Monday, August 14, 2017
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the
Pledge of Allegiance.
ROLL CALL
Councilmembers Present:
Armondo Pavone, Council President
Randy Corman
Ryan McIrvin
Ruth Pérez
Don Persson
Ed Prince
Carol Ann Witschi
ADMINISTRATIVE STAFF PRESENT
Denis Law, Mayor
Jay Covington, Chief Administrative Officer
Shane Moloney, City Attorney
Jason Seth, City Clerk
Preeti Shridhar, Deputy Public Affairs Administrator
Chip Vincent, Community & Economic Development Administrator
Gregg Zimmerman, Public Works Administrator
Jan Hawn, Administrative Services Administrator
Commander Kevin Keys, Police Department
Cliff Long, Economic Development Director
SPECIAL PRESENTATION
a) Governor's Smart Communities Award: Community and Economic Development
Administrator Chip Vincent introduced Gary Idleburg from the Department of Commerce who
presented the "2017 Governors Smart Community Award" to Mayor Law for the City of
Renton Arts and Culture Master Plan that enables the Renton Municipal Arts Commission to
allocate resources for the creation of public art. He attributed the success of the project to
considerable public involvement and reinforcement of the City of Renton's Comprehensive
Plan.
AGENDA ITEM #7. a)
August 14, 2017 REGULAR COUNCIL MEETING MINUTES
ADMINISTRATIVE REPORT
Chief Administrative Officer Jay Covington reviewed a written administrative report
summarizing the City’s recent progress towards goals and work programs adopted as part of
its business plan for 2017 and beyond. Items noted were:
Renton for the Renton Farmers Market will be held on Tuesday, August 15th, from
3:00 p.m. until 7:00 p.m. at the Piazza Park in downtown. The market will be filled
with fresh flowers and farm fresh produce every Tuesday from 3:00 p.m. until 7:00
p.m. through September 26th. In addition to market fare, shoppers will enjoy live
music, food trucks, tips from Master Gardeners, cooking demonstrations, and
children’s activities.
The City is in the process of updating its Bicycle and Trails Master Plan and is
interested in public input. Please join us for an open house on Thursday, September
28th from 5:00 to 8:00 p.m. at the Renton Community Center, 1715 SE Maple Valley
Highway in Renton.
The famous Renton Loop returns for one day only on August 19th! The “Cruz the
Loop” event will run from 12:00 to 4:00 p.m. at Renton High School, with cruising
from 4:00 to 5:00 p.m. It will be an afternoon of music, food, and family fun, capped
by cars cruising the loop. Registration is now open, so get your spot early.
Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AUDIENCE COMMENTS
The following individuals spoke in opposition to the proposed Resolution No. 4317 (see
below):
Jerri Wood, Renton
Gordon Glasgow, Renton
The following individuals spoke in favor of the proposed Resolution No. 4317 (see below):
Warren McPherson, Renton
Charles Thomas, Renton
John Hansen, Renton
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing.
a) Approval of Council Meeting minutes of August 7, 2017. Council Concur.
b) AB - 1973 Administrative Services Department submitted a request for utility billing
adjustments for Westgate Condominium, at the service address of 2300 Benson Rd. S, and
recommended approving adjustments in the total amount of $9,754.80.
Refer to Finance Committee.
c) AB - 1974 Community Services Department recommended approval of Amendment No. 4 to
CAG-16-129 with The City of Seattle Office of Sustainability and Environment to accept
additional FINI Grant Funding for 2017 (increasing the amount to $15,577.50), to fund an
incentive program for shoppers using their Supplemental Nutrition Assistance Program
(SNAP) benefits. Refer to Finance Committee.
AGENDA ITEM #7. a)
August 14, 2017 REGULAR COUNCIL MEETING MINUTES
d) AB - 1975 Transportation Systems Division recommended approval of an amendment to the
Rainier Flight Service, LLC. Lease Agreement (LAG-14-005) for an automatic lease rate
adjustment that will increase the leasehold amount from $93,482.64 to $99,253.77.
Refer to Transportation (Aviation) Committee.
e) AB - 1976 Transportation Systems Division recommended approval of an amendment to the
Aerodyne, LLC. Lease Agreement (LAG-84-006) for an automatic lease rate adjustment that
will increase the annual leasehold amount from $58,747.53 to $62,378.80.
Refer to Transportation (Aviation) Committee.
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA, AS PRESENTED. CARRIED.
UNFINISHED BUSINESS
a) Council President Pavone presented a report recommending consideration of a future ballot
measure that would fund improvements to the city’s parks, trails and community facilities.
Following Committee discussions at its May 15th, June 12th and August 14th meetings, the
Committee recommended the City Council authorize the Administration to prepare materials for
the Committee’s further consideration that will:
Consider a ballot measure in November of 2018.
Provide potential early direction as to projects, type of financing, funding parameters,
and any projects that must be included.
Create a Citizens Advisory Committee (CAC), including its composition and scope of work.
Authorize staff to bring back a budget amendment to fund the cost of the planning and
preparation for the ballot measure.
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED. (COUNCILMEMBER PERSSON
OPPOSED).
b) Council President Pavone presented a report recommending that the resolution regarding
opposing the siting of illegal substance injection facilities be presented for reading and adoption.
The Committee further recommended that an ordinance be prepared, and presented for first
reading when complete, amending Title IV, Development Regulations, of the Renton Municipal
Code to reflect the intent and will of the City Council, as expressed in the Resolution, prohibiting
the siting of supervised injection facilities within the City of Renton.
MOVED BY PAVONE, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
c) Utilities Committee Chair McIrvin presented a report recommending concurrence in the staff
recommendation to accept the appraisal and set compensation for Street Vacation Petition VAC-
17-001 at $2,925 for an approximately 2,436 square foot portion of land located primarily west
of SW Langston Rd. Additionally, the Utilities Committee recommended the ordinance regarding
this matter be prepared and presented for first reading and advancement to second and final
reading at the next Council Meeting.
MOVED BY MCIRVIN, SECONDED BY CORMAN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
AGENDA ITEM #7. a)
August 14, 2017 REGULAR COUNCIL MEETING MINUTES
d) Utilities Committee Chair McIrvin presented a report recommending concurrence in the staff
recommendation to execute Amendment No. 1 to CAG-16-103 with RH2 Engineering, Inc. in the
amount of $227,276 for the design of the replacement of the Highlands 435-Zone reservoirs and
mains.
MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
e) Finance Committee Chair Persson presented a report approving for payment on August 14, 2017
claims vouchers 10038-10039, 357984-357987, 358013-358330, 358342-358346, 358362-
358363, 358383-358715 and 4 wire transfers and 2 payroll runs with benefit withholding
payments totaling $11,961,665.18 and payroll vouchers including 1,458 direct deposits and 146
payroll vouchers totaling $3,038,718.68.
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
f) Finance Committee Chair Persson presented a report recommending concurrence in the staff
recommendation to approve the conversion of a vacant Mechanic’s Assistant (Grade a09)
position to a Vehicle and Equipment Mechanic (Grade a15) position with the estimated fiscal
impact of $10,891 in 2017 and $11,163 in 2018. The Fleet Maintenance Section’s 501 budget has
sufficient funding available to absorb the increase in salary and benefit costs.
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
g) Finance Committee Chair Persson presented a report recommending concurrence in the staff
recommendation to authorize the addition of a 1.0 FTE Maintenance Services Worker II Utility
Locator (Pay Grade a08) position. The cost of the additional 1.0 FTE will be split one-third each
between the Water Maintenance, Wastewater Maintenance, and Surface Water Maintenance
sections, which have sufficient funding in the 2017 and 2018 budgets to absorb the increase in
salary. The budget adjustment for funding this position will be incorporated into the next budget
adjustment ordinance.
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
h) Public Safety Committee Chair Corman presented a report recommending concurrence in the
staff recommendation to approve the ordinance amending Renton Municipal Code Chapter The
Committee further recommended presenting the associated ordinance 6-6 to clarify owners'
responsibility to keep animals under control and strengthen penalties for violations. The
Committee further recommends this ordinance be presented for first reading. (See below for
ordinance.)
MOVED BY CORMAN, SECONDED BY PERSSON, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
LEGISLATION
Resolutions:
a) Resolution No. 4316: A Resolution was read authorizing Interlocal Agreement with King
County Relating to Landmark Designation and Protection Services.
MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL ADOPT THE RESOLUTION
AS READ. CARRIED.
AGENDA ITEM #7. a)
August 14, 2017 REGULAR COUNCIL MEETING MINUTES
b) Resolution No. 4317: A Resolution was read Opposing the Siting of Illegal Substance Injection
Facilities within Renton City Limits or within areas of Unincorporated King County Associated
with the Potential Annexation Areas or Urban Growth Areas of the City of Renton,
Washington.
MOVED BY PRINCE, SECONDED BY PAVONE, COUNCIL ADOPT THE RESOLUTION
AS READ. CARRIED.
Following the adoption of Resolution No. 4317 Mayor Law clarified that the intent of the
resolution is to state the position of the City, right now, in relation to injection sites, however
it does not close the door for future consideration. He further noted that Council's position
today is in no way diminishing the seriousness of this epidemic and stated that each City in
King County, including Renton, has begun implementing seven of the eight recommendations
made by The Heroin and Prescription Opiate Addiction Task Force so as to better address this
crisis. He emphasized that comments from those who have contacted Council and expressed
concerns about the passage of this resolution are not being ignored.
Ordinance for first reading:
c) Ordinance No. 5859: An Ordinance was read amending RMC Sections 6‐6‐1, 6‐6‐4, and 6‐6‐5,
Repealing RMC Section 6‐6‐3, and adding a New RMC Section 6‐6‐13, “Enforcement and
Penalties,” all to Clarify Owners’ Responsibility to Control their Animals, including making
Animal Owners Strictly Liable for their Animals being at Large and Strengthening Penalties for
Violations; Providing for Severability and Establishing an Effective Date.
MOVED BY CORMAN, SECONDED BY PERSSON, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
Ordinance for second and final reading:
d) Ordinance No. 5855: An Ordinance was read Amending Chapter 4-1 of the Renton Municipal
Code, by adding a new Section 4-1-260, “Landmark Preservation,” providing for Landmark
Designation and Protective Services for Landmark Buildings, Sites, Districts, Structures and
Objects; and Providing for Severability, and Establishing an Effective Date.
MOVED BY PERSSON, 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 WITSCHI, COUNCIL ADJOURN. CARRIED. TIME:
7:52 P.M.
Jason A. Seth, CMC, City Clerk
Megan Gregor, CMC, Recorder
Monday, August 14, 2017
AGENDA ITEM #7. a)
Council Committee Meeting Calendar
August 14, 2017
August 21, 2017
Monday
4:00 PM Finance Committee, Chair Persson – Council Conference Room
1. FINI Grant Amendment
2. Utility Billing Adjustment – Kentucky Fried Chicken / A&W
3. Utility Billing Adjustment – Westgate Condominiums
4. Vouchers
5. Emerging Issues in Revenue Streams
5:00 PM Transportation Committee, Chair Pérez – Council Conference Room
1. Aerodyne, LLC Amendment to Lease Agreement
2. Rainier Flight Service, LLC Amendment to Lease Agreement
3. Emerging Issues in Transportation
5:30 PM Community Services Committee, Chair Witschi
1. Renton Municipal Arts Commission Appointment - Patterson
6:00 PM Committee of the Whole, Chair Pavone – Conferencing Center
1. Emergency management Continuity of Government Table Top Exercise
AGENDA ITEM #7. a)
AB - 1979
City Council Regular Meeting - 21 Aug 2017
SUBJECT/TITLE: Proposed Annexation - Wolf Woods 10% Notice of Intention to
Commence Annexation Proceedings
RECOMMENDED ACTION: Council Concur
DEPARTMENT: City Clerk
STAFF CONTACT: Jason Seth, City Clerk
EXT.: 6502
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
Bev Wolf, Petitioner, submitted the 10% Notice of Intention to Commence Annexation proceedings on July 24,
2017. The Department of Community and Economic Development verified sufficiency of the petition and now
requests a public meeting with the initiator be set on September 18, 2017. This 8 -acre site is located at the
northeastern portion of City limits. It is bordered by NE 20th St to the north, Nile Ave NE to the east, a par cel
line in proximity of NE 18th St (if extended) to the south, and a parcel line near Ilwaco Ave NE to the west.
EXHIBITS:
A. Issue Paper
B. 10% Petition
C. Fiscal Impact Analysis
D. Area Map
STAFF RECOMMENDATION:
Set a Public Meeting with the Initiator on September 18, 2017 to consider the 10% Notice of Intention to Commence
Annexation Proceedings for the proposed Wolf Woods Annexation.
AGENDA ITEM #7. b)
DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE:August 14, 2017
TO:Armondo Pavone, Council President
City Councilmembers
VIA:Denis Law, Mayor
FROM:Chip Vincent, Administrator
Department of Community & Economic Development
STAFF CONTACT:Angie Mathias, x6576
SUBJECT:Proposed Wolf Woods Annexation – 10% Notice of Intent
Petition
ISSUE:
The City is in receipt of a 10% Notice of Intent petition to annex an 8-acre area using the
direct petition method; the proposed annexation is called Wolf Woods State law
requires that Council hold a public meeting with the annexation proponents within 60
days of receipt of a 10% Notice of Intent petition. The purpose of the meeting is for
Council to decide whether to accept or reject the proposal and whether to require the
simultaneous adoption of City zoning consistent with the Comprehensive Plan, if the
proposed annexation is successful.
RECOMMENDATION:
On the basis of the following analysis, the Administration recommends that Council
accept the 10% Notice of Intent petition. If Council concurs, the Administration
recommends that it take the following actions (pursuant to RCW 35A.14.120):
Accept the 10% Notice of Intent to Commence Annexation petition; and
Authorize the circulation of a 60% Direct Petition of Annex for the 8-acre area;
and
Require that property owners within the proposed annexation area accept City
of Renton zoning that is consistent with the City’s Comprehensive Plan land use
designation and their proportionate share of the City’s bonded indebtedness.
BACKGROUND:
1. Location: The proposed 8-acre Wolf Woods Annexation is located at the
northeastern portion of the City limits. It is bordered by Northeast 20th to the
north, Nile Avenue Northeast to the east, a parcel line in proximity of Northeast
AGENDA ITEM #7. b)
Proposed Wolf Woods Annexation 10% Notice of Intent
Page 2 of 5
18 (if extended), and a parcel line near Ilwaco Avenue Northeast to the west. The
boundaries to the north, south, and west are coterminous with existing City
limits. It is in the East Plateau Community Planning Area.
2. Assessed value: The 2017 assessed valuation of the subject annexation site is
$4,019,000.
3. Natural features: Approximately 375 feet of Greenes Creek runs through the site.
Greenes Creek is a type Ns stream. Type Ns streams are waters that do not
contain fish or fish habitat and have intermittent flows, they are seasonal non-
habitat streams in which surface flow is not present for at least some portion of
a year of normal rainfall. Ns Waters must be physically connected by an above-
ground channel system to Type S, F, or Np Waters. Greenes Stream is physically
connected to May Creek, which is a type F (or fish bearing) stream. Any future
development would be required to comply with Critical areas regulations which
require a 50 foot buffer from the stream and an additional 15 foot structure
setback beyond the buffer. A wetland extends from the south onto the large
parcel that constitutes the southern boundary of the annexation area. The
category of the wetland is unknown and therefore the buffer is not known at this
time. Approximately 400 square feet of the wetland are on the parcel. There
does not appear to be steep slopes within the annexation area.
4. Existing land uses: There are five single-family residences and vacant land.
5. Existing zoning: Existing King County zoning is R-4. The area was pre-zoned in
1997 with both R-5 and R-1 zoning. The R-1 zone was zoned on the parcels to the
north. The City does not have an R-5 zone any more so, the area will need to be
zoned concurrently with the annexation process. The first public hearing
regarding zoning would occur in conjunction with the public hearing for the 60%
petition, if it is submitted and determined to be sufficient.
6. Comprehensive Plan: Renton’s Comprehensive Plan designates the subject
annexation site as Residential Low Density (RLD).
7. School District: The Wolf Woods Annexation area is in the Issaquah School
District.
8. Public services: All responding City of Renton departments and divisions noted
that the annexation represents a logical extension of their respective services
and systems and presents no foreseeable problems. Specific comments follow:
Water Utility. The subject site is located in Water District 90’s service area.
Applicants for new development and redevelopment will need to contact
Water District 90 to request a certificate of water availability prior to any
development. The proposed annexation would cause no impact to the water
utility. Staff did not indicate any concerns regarding this proposed
annexation.
AGENDA ITEM #7. b)
Proposed Wolf Woods Annexation 10% Notice of Intent
Page 3 of 5
Wastewater Utility. The area is within the Wastewater Divisions service area.
There are no known deficiencies or problems in the existing infrastructure.
The proposed annexation is a logical extension of the services provided by
the division.
Parks. There are no improved parks in close proximity to this annexation
area. King County’s May Valley Park in approximately 900 feet to the
southeast of the area. May Valley Park has trails for hikers and equestrians.
Staff did not indicate any concerns regarding the proposed annexation.
Police. The Police Department did not indicate any concerns regarding this
proposed annexation. Under current conditions, it is estimated that the area
will generate an additional 5 calls for service annually.
Fire. Renton Fire Authority currently provides fire and emergency services to
the area. Staff did not indicate any concerns regarding this proposed
annexation.
Surface Water. The site is located in the May Creek drainage basin. Any
future development will be required to comply with the current adopted City
of Renton Surface Water Design Manual. The flow control standard that
would be applied to new development in the annexation area is the Flow
Control Duration matching Forested Site Conditions as the pre-developed
condition. The area contains no developed surface water infrastructure. The
runoff is carried via sheet flow and natural drainage towards the middle into
Greens Creek that runs north-south through the annexation area. King
County iMap records indicate drainage complaints have been reported on
one parcel within the annexation area. Specifically, at 10403 147th Ave SE.
This parcel also has a sensitive area notice on the title. Additionally, several
parcels located along 147th Ave SE and two parcels that abut the annexation
area have reported drainage complaints. Under current conditions, the area
would not require additional resources for this division. However, if new
development occurs, there would be a small incremental need for additional
maintenance resources to serve the area. The annexation represents a logical
extension of their services.
Transportation Systems. The Transportation Systems staff has no concerns
regarding the proposed annexation. Staff indicated access to the site is
provided by three private roads. SE 105th which provides access from Nile
Ave NE to the proposed annexation area is a private unimproved gravel road.
145th Place SE from Lyons Ave NE to the west is a paved private road with no
curb and sidewalks. SE 104th St which provides to the site from 147th Ave SE
is a private unimproved gravel road. NE 20th St could provide access to the
AGENDA ITEM #7. b)
Proposed Wolf Woods Annexation 10% Notice of Intent
Page 4 of 5
proposed annexation area; however, the street is gated at the west
boundary of the annexation area.
Building. The Building section did not indicate any concerns regarding the
proposed annexation.
Planning. The Planning section did not indicate any concerns regarding the
proposed annexation.
ANALYSIS OF THE PROPOSED ANNEXATION:
1. Consistency with the Comprehensive Plan:
Renton’s Comprehensive Plan annexation policies support this proposed
annexation. The subject site is within the City’s Potential Annexation Area and is
subject to development pressure that might benefit from City development
regulations. Policy L-8 states that the City should “support annexation where
infrastructure and services allow for urban densities and it would consolidate
service providers and/or facilitate the efficient delivery of services.”
2. Consistency with the Boundary Review Board Objectives:
(from RCW 36.93.180)
a. Preservation of natural neighborhoods and communities;
The proposed annexation would cause no disruption to the larger
community.
b. Use of physical boundaries, including but not limited to bodies of water,
highways, and land contours;
The subject site uses physical boundaries.
c. Creation and preservation of logical service areas;
Water and sewer service boundaries will not change as a result of this
annexation. The Wolf Woods Annexation Area is in the Issaquah School
District. The school district boundaries will not change, the area will
remain in the Issaquah School District. Renton will take over police
service for the 8-acres upon annexation; the King County Sheriff’s
Department currently provides police protection to the area. Renton Fire
Authority currently provides services to the area that will not change with
annexation.
d. Prevention of abnormally irregular boundaries;
This annexation does not have irregular boundaries.
AGENDA ITEM #7. b)
Proposed Wolf Woods Annexation 10% Notice of Intent
Page 5 of 5
e. Discouragement of multiple incorporations of small cities and
encouragement of incorporations of cities in excess of ten thousand
population in heavily populated urban areas;
Not applicable. No incorporations are proposed in this area.
f. Dissolution of inactive special purpose districts;
Not applicable. There are no inactive special purpose districts here.
g. Adjustment of impractical boundaries;
Not applicable.
h. Incorporation as cities or towns or annexation to cities or towns of
unincorporated areas which are urban in character;
King County has designated this area for urban development because of
its location within the Urban Growth Boundary. The County has also
indicated that it wants to divest itself from providing urban services to
these unincorporated urban areas by turning them over to cities as
quickly as possible. Because the subject annexation site is within Renton’s
PAA and not in an area under consideration for incorporation, annexation
is appropriate at this time.
i. Protection of agricultural and rural lands which are designated for long
term productive agricultural and resource use by a comprehensive plan
adopted by the county legislative authority.
Not applicable. No portions of the proposed annexation are rural or
designated for long term productive agricultural use in the King County or
Renton Comprehensive Plans.
3. A fiscal analysis for the proposed annexation is attached. The fiscal impact
analysis that is used for annexations considers costs on a per capita basis. The
fiscal analysis indicates that the proposed annexation would have a net positive
fiscal impact of $2,846 to the operating budget per year. Over a 10-year period
and with additional construction of single family homes on the existing vacant
lots, it is estimated that the fiscal impact would be $2,884 per year for the
operating budget. For the capital and enterprise funds the annexation represents
a balance of positive $973 currently and in ten years will be $944.
CONCLUSION:
The proposed Wolf Woods Annexation is consistent with relevant County and City
annexation policies, as well as Boundary Review Board objectives for annexation. The
staff that reviewed the proposed annexation for each department did not identify any
major impediments to the provision of City services to the area or indicate that they feel
the annexation is untimely.
AGENDA ITEM #7. b)
CITY OF RENTO R
u. 24 zo 7
RECEIVED
CITY CLERK'S OFFICE
NOTICE OF INTENTION TO COMMENCE
ANNEXATION PROCEEDINGS
UNDER RCW 35A.14,120 j
Direct Petition Method)
10i6 P TlTION—WOLF WOODS ANNEXAT10N)
TO: THE CITY COUNCIL OF SUBMITTED BY: uu1 (
THE CITY OF RENTON ADDRESS, /`i J.. S: /,` sr.r-
City Hall, c/o City Clerk t, v l f vcs I
1055 South Grady Way PHONE: E.- ° . 3 F3 3
Rentan WA 98057
The undersigned are property owners in the proposed annexation area who represent
not less than ten peCcent (10%) of the area's estimated assessed value who desire to
annex to the City of Renton.
We hereby advise the City Councii of the City of Renton that it is our desire to commence
annexatian proceedings under the provisions of RCW 35A.14.20, of all or any part of the area
described below.
N
The territory proposed to be annexed is within King County, Washington, and is contiguous to
the City of Renton. A map (Exhibit 1) and legal description (Exhibit 2 are included as part of j;
this petition.
The City Council is requssted to set a date not fater than sixty days after the filing of this
request for a public meetfng with the undersigned.
1, At such meeting, the City Council will decide whether the City will accept, reject or
geographically modify the proposed annexation; 4
E
2. The City Cauncil wiil decide whether to require simultaneous adoption of a
proposed zoning regulation; and jj
3. The City Council will decide whether to require the assumption of a proportional
share of existing city indebtedness by the area to be annexed. G
This page is the first of a group of pages containing identical text material, It is intended by the t
signers that such multiple pages of the Notice of intention be presented and considered as one
Notice of Intention. It may be filed with other pages containing additional signatures which i
cumulatively may be considered as a single Notice of Intention.
Wolf Woods Annexation Petition F;
f
AGENDA ITEM #7. b)
Wolf Woods Annexation
WARNING: Every person who slgns this petltion with any other than his or her true name, or who
knowingly slgns more than one of these petitfons, or signs a petftfon seeking to annex when he or she is
not the owner of record of property within che annexation area, or signs a petltlon when he or she !s
otherwlse not quallfied to slgn, or who makes hereln any false statement, sha(1 be guilty of a
misdemeanor.
The undersigned have read the above petition and consent to the filing of this petition,
Names of petftloners should be in identical form as the name that appears on record in [he tlt/e to
the real estate.)
ax Lot Leg 1 No Prope y'
FBn urea d UesGription' . Ass ss t'7{Q, :'i i d I t rie o Uwner of. Mailfng A,ddress r
Lot,8ltl k,AWt;AsseSFQf'Nd 1 I lll.;
g,R cc,t f praper y;. of Qwn r of Pra per y. 3
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AGENDA ITEM #7. b)
Woif Woods Annexation
Lats 1,2,3,and 4 of King County 5hort P{at Number S91S0034, Recorded under Auditor's fi e nurnber
199711209002, King County Records,Kfng County Washingtan.
Together with Lots A and B of King County Boundary Line Adjustment Number L08L0038,Recorded
under Auditor's file number 20080826900005,King Caunty Recards,King County Washington.
Containing 354,765 square feet(8.114 acres)more or less.
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AGENDA ITEM #7. b)
Y CITY OF RENTON Receipt
0, City Clerk Division
1055 South Grady Way
Renton,WA 98057 r_ ;' !
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T 425-430-6510 Date I . _
Cash Copy Fee 0 Notary Service
L Check No. ...., Appeal Fee
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Description: i h.. `'t + i -1 :, _. t-.., 4.. ti ,t r.za
Funds Received From:
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AGENDA ITEM #7. b)
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Annexation Boundary
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Fee t
Exhibit 1. Vicinity
A
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#
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AB - 1969
City Council Regular Meeting - 21 Aug 2017
SUBJECT/TITLE: American Traffic Solutions Professional Services Agreement
RECOMMENDED ACTION: Refer to Public Safety Committee
DEPARTMENT: Police
STAFF CONTACT: Chad Karlewicz, Commander
EXT.: 7640
FISCAL IMPACT SUMMARY:
Approximately $90,007 to be offset by fines collected through traffic infractions cited at new locations.
SUMMARY OF ACTION:
The City uses a private company to operate its Red Light Camera and School Zone Speeding Camera
enforcement program. The current agreement expires on September 6, 2017. This professional services
agreement renews our relationship with American Traffic Solutions for this service. It also adds one school
site (Maplewood Heights Elementary School) and three intersections (Park Avenue N/Logan Avenue N, S
Grady Way/Talbot Road S, and S Puget Drive/Benson Drive S) to the program.
The monthly fixed costs for the system will be $90,007. Monthly processing fees vary depending on the
number of citation issued, but are typically insignificant (typically under $10/month). The revenue generated
from fines collected through traffic infractions cited at these new l ocations will more than offset the cost to add them.
EXHIBITS:
A. Agreement
STAFF RECOMMENDATION:
Authorize the Mayor to sign the professional services agreement with American Traffic Solutions.
AGENDA ITEM #7. c)
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement includes the attached Exhibits (“Agreement”) and is made by and
between American Traffic Solutions, Inc. (“ATS”), with its principal place of business at 1150 N. Alma School
Road, Mesa, AZ 85201, and the City of Renton, Washington, a municipal corporation of the state of
Washington (“City”), with principal offices at 1055 South Grady Way, Renton, WA 98057 (ATS and City
individually, a “Party”, and collectively, the “Parties”). This Agreement sets forth the terms, conditions and
obligations of the Parties.
WITNESSETH:
WHEREAS, the City desires to implement and operate a traffic safety camera system pursuant to
Washington State Law 46.63.170; and
WHEREAS, public convenience and necessity require the City to obtain the services of ATS which
has photo enforcement implementation and operations experience and is a leading provider of photo
enforcement systems with the City and across the country; and
WHEREAS, ATS has the exclusive knowledge, possession and ownership of certain equipment
already installed in the City, and has licenses, and back-office processes through an automated web-based
Citation processing system (collectively referred to as the “AxsisTM System” or “Axsis”) currently used by
the City for its existing photo enforcement program ; and
WHEREAS, the City finds ATS is qualified to perform and is experienced in providing the required
services; and
WHEREAS, the City desires to engage ATS to provide traffic safety camera services, also known
as photo enforcement services; and
NOW, THEREFORE, the Parties herein do mutually agree as follows:
The attached Exhibits include:
EXHIBIT A…………..SERVICE FEE SCHEDULE
EXHIBIT B…………..SCOPE OF WORK
EXHIBIT C…………..ADDITIONAL CAMERA LOCATIONS
EXHIBIT D…………..FORM NOTICE TO PROCEED
EXHIBIT E…………..DMV SERVICES SUBSCRIBER AUTHORIZATION
By signing below, the Parties agree to the terms and conditions of this Agreement together with the attached
Exhibits. This Agreement contains the complete and exclusive statement of the agreement between the
Parties relating to the matters referenced herein and replaces any prior oral or written representat ions or
communications between the Parties. Each individual signing below represents that such individual has the
requisite authority to execute this Agreement on behalf of the entity which such individual represents and
that all the necessary formalities have been met.
[SIGNATURE PAGE ON FOLLOWING PAGE]
AGENDA ITEM #7. c)
____________________________________________________________________________________
Confidential
Page 2 of 24
ACKNOWLEDGED AND AGREED TO BY:
AMERICAN TRAFFIC SOLUTIONS, INC. CITY OF RENTON, WASHINGTON
By:
By:
Elizabeth Caracciolo
Senior Vice President/General
Manager, Government Solutions
Date Denis Law, Mayor
Name/Title
Date
ATTEST:
By:
Jason A. Seth, City Clerk
Name/Title
Date
APPROVED AS TO FORM:
By:
Shane Moloney, City Attorney
Date
This Agreement is effective on the date of execution by the last signatory to this cover page (“Effective
Date”).
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
AGENDA ITEM #7. c)
____________________________________________________________________________________
Confidential
Page 3 of 24
PROFESSIONAL SERVICES AGREEMENT ........................................................................................... 1
I. DEFINITIONS ................................................................................................................................. 4
II. GENERAL TERMS AND CONDITIONS .......................................................................................... 5
1. ATS AGREES TO PROVIDE: ................................................................................................... 5
2. CITY AGREES TO PROVIDE: .................................................................................................. 5
3. TERM: ..................................................................................................................................... 5
4. ASSIGNMENT: ........................................................................................................................ 5
5. FEES AND PAYMENT: ............................................................................................................ 5
6. SITE SELECTION ANALYSIS: ................................................................................................. 5
7. COMMUNICATION OF INFORMATION: .................................................................................. 6
8. CONFIDENTIAL INFORMATION: ............................................................................................. 6
9. OWNERSHIP OF SYSTEM: ..................................................................................................... 6
10. INDEMNIFICATION: ................................................................................................................ 6
11. INSURANCE: ........................................................................................................................... 7
12. STATE LAW TO APPLY: .......................................................................................................... 8
13. DISPUTE RESOLUTION: ......................................................................................................... 8
14. CHANGE ORDERS: ................................................................................................................. 9
15. TERMINATION: ....................................................................................................................... 9
16. AMENDMENTS TO THE AGREEMENT: ................................................................................ 10
17. ADDITIONAL SERVICES: ...................................................................................................... 10
18. LEGAL CONSTRUCTION: ..................................................................................................... 10
19. PRIOR AGREEMENT SUSPENDED: ..................................................................................... 11
20. LIMITED AGENCY: ................................................................................................................ 11
21. FORCE MAJEURE: ................................................................................................................ 11
22. TAXES: .................................................................................................................................. 11
23. NOTICES: .............................................................................................................................. 11
24. SURVIVAL: ............................................................................................................................ 11
25. EXECUTION: ......................................................................................................................... 11
EXHIBIT A ............................................................................................................................................. 13
SERVICE FEE SCHEDULE............................................................................................................... 13
EXHIBIT B ............................................................................................................................................. 15
SCOPE OF WORK ............................................................................................................................ 15
1. ATS SCOPE OF WORK ..................................................................................................... 15
2. CITY SCOPE OF WORK .................................................................................................... 17
EXHIBIT C ............................................................................................................................................ 21
ADDITIONAL CAMERA LOCATIONS ................................................................................................ 21
EXHIBIT D ............................................................................................................................................ 22
FORM OF NOTICE TO PROCEED ................................................................................................... 22
EXHIBIT E ............................................................................................................................................. 24
DMV SERVICES SUBSCRIBER AUTHORIZATION .......................................................................... 24
AGENDA ITEM #7. c)
____________________________________________________________________________________
Confidential
Page 4 of 24
I. DEFINITIONS
As used in this Agreement, the following words and terms shall, unless the context otherwise requires,
have the respective meanings provided below:
1. “Approach”: One (1) direction of travel on a road or a traffic intersection, including up to four (4)
contiguous lanes controlled by up to two (2) signal phases.
2. “Business Hours”: Eight (8) hours per day, Monday through Friday, excluding weekends and holidays.
3. “Business Rules”: The Business Rules Questionnaire to be completed by City and delivered to ATS
setting forth the business rules for the implementation and operation of the Program.
4. “Camera System” or “Camera”: A photo-traffic monitoring device consisting of one (1) rear camera,
strobe and, if necessary, one (1) front camera with strobe for driver image, and traffic monitoring device
(including the wiring associated with each) capable of accurately detecting a traffic infraction on up to four
(4) contiguous lanes which records such data with one (1) or more images of such vehicle. “Camera
System” shall, where the context requires, also include any enclosure or cabinet, wiring, and related
appurtenances in which the equipment is stationed. “Camera System” may refer to either a red light or
fixed site school zone speed safety camera system, depending on the context, and also includes any and
all Camera Systems installed in the City and owned by ATS prior to the effective date of this Agreement.
5. “Change Order Notice”: Written notice from the City requesting changes to the work required to be
performed or the addition of products or services to those required to the terms of this Agreement, setting
forth in reasonable detail the proposed changes.
6. “Change Order Proposal”: A written statement from ATS describing the cost of the changes to the work
or addition of products or services requested by City in a Change Order Notice.
7. “Citation”: A citation, notice of violation, notice of infraction or equivalent instrument issued by a
competent state, county or municipal law enforcement agent or agency or by a court of competent
jurisdiction relating to a Violation documented or evidenced in Axsis.
8. “Designated Safety Zone”: A designated safety zone in which a Camera System may be installed or
deployed.
9. “Event”: An image captured of a potential Violation.
10. “Fees”: The amount payable by City to ATS for equipment, services, and maintenance as set forth in
EXHIBIT A.
11. “Fixed Site School Zone Speed Safety Camera System”: A Camera System installed in a Designated
Safety Zone.
12. “Notice to Proceed”: Written confirmation from City that ATS may proceed with the installation of a given
Camera System, a form of which is attached as EXHIBIT C.
13. “Owner”: The owner(s) of a motor vehicle as shown by the motor vehicle registration records of the motor
vehicle department or the analogous agency of another state or country, including a lessee of a motor
vehicle under a lease of six months or longer.
14. “Person” or “Persons”: Any individual, partnership, joint venture, corporation, limited liability company,
trust, unincorporated association, governmental authority or political subdivision thereof or any other form
of entity.
15. “Project Time Line”: The initial schedule and timelines required to begin the implementation of City’s
project, as mutually agreed upon by the Parties.
AGENDA ITEM #7. c)
____________________________________________________________________________________
Confidential
Page 5 of 24
16. “Red Light Safety Camera System”: A Camera System installed at an intersection Approach.
17. “System”: A Camera System and the related Infrastructure.
18. “Violation”: A failure to obey an applicable traffic law or regulation, including, without limitation, failure
to obey a traffic signal, or operation of a motor vehicle in excess of the posted speed limit.
II. GENERAL TERMS AND CONDITIONS
1. ATS AGREES TO PROVIDE:
The scope of work identified in EXHIBIT B, Section 1.
2. CITY AGREES TO PROVIDE:
The scope of work identified in EXHIBIT B, Section 2.
3. TERM:
This Agreement shall commence upon the Effective Date and shall continue for a term of five (5) years
beginning on September 6, 2017. This Agreement will automatically extend for consecutive five (5) year
terms. However, City or ATS may terminate this Agreement at the expiration of any term by providing
written notice of its intent not to extend the Agreement one hundred twenty (120) days prior to the
expiration of the then-current term.
4. ASSIGNMENT:
Neither Party may assign all or any portion of this Agreement without the prior written consent of the
other, which consent shall not be unreasonably withheld or delayed. However, for business financing or
other corporate reorganizational purposes, ATS may sell, assign, transfer or convey any interest in this
Agreement in whole or in part without the written consent of City.
5. FEES AND PAYMENT:
City shall pay for all equipment, services and maintenance based on the fee schedule indicated in the
EXHIBIT A, Service Fee Schedule 1.
5.1 City shall pay all Fees due ATS based upon invoices from the preceding month within thirty (30)
days of submission. Late payments are subject to interest calculated at 1.5% per month on open
balances. If City is more than sixty (60) days past due on payments to ATS, ATS may, in its sole
discretion, either (i) withhold all transfers/sweeps of Citation payments to City until City becomes
current on its payments or (ii) exercise any other remedies pursuant to Section 14(iii) of this
Agreement for non-payment of Fees by City.
5.2 Invoices shall be in standard ATS format.
5.3 ATS’s Fees will be fixed for the first five (5) year term of the Agreement; thereafter, unit prices will
increase at the beginning of each five (5) year renewal term by the Consumer Price Index (CPI),
according to the average change during the prior twelve (12) months in the CPI for All Urban
Consumers (CPI-U) for U.S. City average, as published by the Bureau of Labor Statistics, U.S.
Department of Labor for the Services category listed under Commodity and Service Group.
6. SITE SELECTION ANALYSIS:
Prior to installing any System, ATS may conduct a statistical analysis of each road or intersection
Approach being considered for a System or Systems (“Site Selection Analysis”) to assist City in
determining which road or Approaches will be the most beneficial to City in pursuit of its traffic safety and
enforcement goals. For any road or Approach recommended by City, ATS may deploy or install a System
if a constructability analysis concludes a deployment or an installation is feasible. ATS makes no
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representations or warranties that any Violation rate estimates will be predictive of actual future traffic
Violation rates.
7. COMMUNICATION OF INFORMATION:
ATS will comply with reasonable requests from City for information obtained by ATS through operation
of the Axsis™ System. ATS reserves the right to assess a fee for such services. Unless ATS is deemed
a “Custodian of Record”, under applicable “Public Records Act” laws or similar laws, ATS will not be under
any obligation to provide information directly to non-City requesting parties. Should ATS choose to
respond to non-City requesting parties, ATS and City shall work collaboratively in a good faith effort to
provide requested information in a timely manner, which good faith effort may include, but not be limited
to, City’s review and prior approval of ATS disclosing information.
8. CONFIDENTIAL INFORMATION:
No information given by ATS to City will be of a confidential nature, unless specifically designated in
writing as proprietary or confidential by ATS (“ATS Confidential Information”). If, however, ATS does
designate certain information as proprietary or confidential, City shall treat the ATS Confidential
Information with the same degree of care and same restrictions as City treats its own proprietary and
confidential information, but in no event with less than reasonable care and reasonable restrictions. City
will use ATS Confidential Inform ation solely in connection with its rights and obligations under this
Agreement, and will not use ATS Confidential Information for any other purpose, including but not limited
to any use to harm or injure ATS or in any other way detrimental to ATS. If City receives a request or
becomes legally obligated or compelled (by deposition, interrogatory, request for documents, subpoena,
civil investigative demand, other demand or request by governmental agency or the application of
statutes, rules and regulations under the federal securities laws or similar process) to disclose any of the
ATS Confidential Information, City will promptly provide ATS with written notice of such request or
requirement before any disclosure, and will cooperate with ATS’ reasonable efforts to obtain confidential
treatment of the ATS Confidential Information. If a protective order or other confidential treatment is not
obtained or if ATS waives its rights under this paragraph, City agrees to furnish only so much of the ATS
Confidential Information as it is legally required to furnish and, where appropriate, to exercise its best
efforts to obtain written assurances that confidential treatment will be accorded to the ATS Confidential
Information. City will give ATS an opportunity to review the ATS Confidential Information prior to its
disclosure, and City will allow ATS to participate in any related proceeding. However, nothing in this
paragraph shall be construed contrary to the terms and provisions of any “Public Records Act” or similar
laws, insofar as they may be applicable.
9. OWNERSHIP OF SYSTEM:
Under all circumstances, ATS shall retain ownership of all Camera Systems and the Axsis™ System
provided for use by the City under the terms and conditions of this Agreement. In order to carry out the
purposes of this Agreement, for the term of this Agreement, ATS grants City a non-exclusive, non-
transferable license to use the Axsis™ System.
10. INDEMNIFICATION:
10.1 Indemnification by ATS. Subject to Section 10.3, ATS agrees to indemnify City and its managers,
officers, directors, employees, agents, representatives and successors (individually a "City Party"
and collectively, the "City Parties") against all claims, liabilities, obligations, losses, damages,
penalties and judgments (collectively, "Losses"), which may be imposed on or incurred by any City
Party arising out of or related to the gross negligence or willful misconduct of ATS, its employees
or agents which result in death or bodily injury to any natural person (including third parties) or any
damage to any real or tangible personal property (including the personal property of third parties),
except to the extent caused by the gross negligence or willful misconduct of any City Party.
10.2 Indemnification by City. Subject to Section 10.3, City hereby agrees to indemnify ATS and its direct
and indirect subsidiaries, managers, officers, directors, employees, agents, representatives and
successors (individually an "ATS Party" and collectively, the "ATS Parties") against any and all
Losses which may be imposed on or incurred by any ATS Party arising out of or related to the gross
negligence or willful misconduct of City, its employees, contractors or agents which result in death
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or bodily injury to any natural person (including third parties) or any damage to any real or tangible
personal property (including the personal property of third parties), except to the extent caused by
the gross negligence or willful misconduct of ATS. Upon the termination of this Agreement and
subject to Section 10.3, City agrees to indemnify ATS Parties against any and all Losses which
may be imposed on or incurred by any ATS Party arising out of or related to (a) any claim, action
or demand (a “Claim”) related to the Systems, if City retains the Systems or (b) if City elects for
ATS to remove the Systems pursuant to Section 15.2(iv), any Claim related to the foundation,
conduit, or other below-grade infrastructure.
10.3 Indemnification Procedures. In the event of any Claim in respect of which any Party hereto seeks
indemnification from the other, the Party seeking indemnification (the "Indemnified Party") shall
give the Party from whom indemnification is sought (the "Indemnifying Party") written notice of such
Claim promptly after the Indemnified Party first becomes aware thereof; provided, however, that
failure to give such notice shall not preclude indemnification with respect to such Claim except to
the extent of any additional or increased Losses or other actual prejudice directly caused by such
failure. The Indemnifying Party and the Indemnified Party shall cooperate in the defense or
settlement of any Claim and no Party shall have the right to enter into any settlement agreement
that materially affects the other Party's material rights or material interests without such Party's
prior written consent, which consent shall not be unreasonably withheld or delayed.
10.4 Limited Liability. In no event shall ATS’s liability under this Agreement exceed the greater of
$1,000,000 or the average of the prior twelve (12) months of Fees paid by City pursuant to this
Agreement. Notwithstanding anything to the contrary in this Agreement, neither Party shall be
liable to the other, by reason of any representation or express or implied warranty, condition or
other term or any duty at common or civil law, for any indirect, incidental, special, lost profits or
consequential damages, however caused and on any theory of liability, arising out of or relating to
this Agreement.
11. INSURANCE:
ATS shall maintain the following minimum scope and limits of insurance:
11.1 Commercial General Liability Insurance including coverage for bodily injury, property
damage, premises and operations, products/completed operations, personal and advertising
injury, and contractual liability with a combined single limit of $1,000,000 per occurrence and
$2,000,000 aggregate for the Term of this Agreement. Professional Liability insurance with
minimum policy limits of $1,000,000 for each occurrence, shall also be secured for any
professional services being provided to Renton that are excluded in the commercial general
liability insurance. Umbrella or Excess Liability insurance may be used to reach minimum
required coverage limits.
11.2 Workers’ Compensation as required by the Industrial Insurance laws of Washington, and
Employer’s Liability Insurance with limits of not less than $500,000 each accident. ATS shall at
all times maintain Worker’s Compensation insurance coverage in the amounts required by law,
but shall not be required to provide such coverage for any actual or statutory employee of City.
11.3 Comprehensive Business Automobile Liability Insurance for all owned, non-owned and
hired automobiles and other vehicles used by ATS with a minimum $1,000,000 per occurrence
combined single limit bodily injury and property damage.
11.4 City and its officers and employees, shall be named as additional insured on the
comprehensive general liability policies provided by ATS under this Agreement on a non-
contributory primary basis. ATS shall require any subcontractors doing work under this
Agreement to provide and maintain the same insurance, which insurance shall also name City
and its officers, employees, and authorized volunteers as additional insureds. The City’s
insurance policies shall not be a source for payment of any Contractor liability.
11.5 Certificates showing ATS is carrying the above described insurance, and evidencing the
additional insured status specified above, shall be furnished to City prior to the Effective Date
of this Agreement. Such certificates shall show that City will be notified in accordance with the
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policy language relating to cancellations of such insurance policies. ATS shall forthwith obtain
substitute insurance in the event of a cancellation.
11.6 City shall be responsible for vehicle insurance coverage on any vehicles driven by City
employees. Coverage will include liability and collision damage.
11.7 ATS shall provide the City with written notice of any policy cancellation within two (2)
business days of ATS receiving such notice.
11.8 The City does not represent that the minimum required insurance or insurance limits are
adequate to cover all potential claims or related claim costs.
12. STATE LAW TO APPLY:
This Agreement shall be construed under and in accordance with the laws of the State of Washington.
13. DISPUTE RESOLUTION:
All disputes arising out of or in connection with the Agreement shall be attempted to be settled through
good-faith efforts between senior management of both Parties. Following thirty (30) days of unsuccessful
negotiation, the Parties shall participate in professionally-assisted mediation, with a mediator acceptable
to both Parties. The Parties agree to discuss their differences in good faith and to attempt, with the
assistance of the mediator, to reach an amicable resolution of the dispute. The mediation will be treated
as a settlement discussion and therefore will be confidential. The mediator may not testify for either Party
in any later proceeding relating to the dispute. No recording or transcript shall be made of the mediation
proceedings. Each Party will bear its own costs in the mediation. The fees and expenses of the mediator
will be shared equally by the Parties.
13.1 Failing resolution through negotiation or mediation, any remaining dispute shall be submitted to
binding arbitration in accordance with the Arbitration Rules for Professional Accounting and Related
Services Disputes of the American Arbitration Association (“AAA Rules”) before a single arbitrator.
The place of arbitration will be mutually agreed upon within fourteen (14) days of a decision to seek
arbitration. Limited discovery will be permitted in connection with the arbitration upon agreement
of the Parties and upon a showing of substantial need by the Party seeking discovery.
13.2 The arbitrator’s decision shall follow the plain and natural meaning of the relevant documents and
shall be final and binding. The arbitrator will have no power to award:
a) damages inconsistent with the Agreement; or,
b) punitive damages or any other damages not measured by the prevailing Party’s actual
damages, and the Parties expressly waive their right to obtain such damages in arbitration or
in any other forum.
13.3 All aspects of the arbitration will be confidential. Neither the Parties nor the arbitrator may disclose
the existence, content or results of the arbitration, except as may be necessary to comply with legal
or regulatory requirements.
13.4 Each Party will promptly pay its share of all arbitration fees and costs, provided that such fees and
costs shall be recoverable by the prevailing Party as determined by the arbitrator. If a Party fails
to pay such share promptly upon demand, the arbitrator shall, upon written request by the other
Party, enter a final and binding decision against the nonpaying Party for the full amount of such
share, together with an award of attorneys’ fees and costs incurred by the other Party in obtaining
such decision, which decision may be entered in any court of competent jurisdiction. Except for
the failure of a Party to pay arbitration fees and costs that requires resort to the arbitrator to order
such payment, the Parties will bear their own attorneys’ fees in any matter or dispute under this
Agreement.
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14. CHANGE ORDERS:
City may from time to time request changes to the work required to be performed or the addition of
products or services to those required to the terms of this Agreement by providing a Change Order Notice.
Upon ATS’s receipt of a Change Order Notice, ATS shall deliver a Change Order Proposal describing
the cost, if any. Following City’s receipt of the Change Order Proposal, the Parties shall negotiate in
good faith and agree to a plan and schedule for implementation of the proposed changes; the time,
manner and amount of payment or price increases or decreases, as the case may be; and any other
matters relating to the proposed changes. In the event that any proposed change involves only the
addition of equipment or services to the existing Designated Intersection (as defined in EXHIBIT B)
Approaches or the addition of Approaches to be covered by the terms of this Agreement, to the maximum
extent applicable, the pricing terms set forth in EXHIBIT A shall govern. Any failure of the Parties to
reach agreement with respect to any of the foregoing as a result of any proposed changes shall not be
deemed to be a breach of this Agreement, and any disagreement shall be resolved in accordance with
Section 13. Such Change Order shall not invalidate the procurement process or this Agreement nor
relieve or release ATS or City of any of its obligations under this Agreement unless stated therein.
15. TERMINATION:
15.1 ATS’s services may be terminated:
(i) By mutual written consent of the Parties; or
(ii) For Cause, by either Party where the other Party fails in any material way to perform its
obligations under this Agreement.
a) Where City is in material breach of this Agreement for non-payment of
Fees to ATS, then ATS may exercise any or all of the following
remedies: (1) provide City written notice and ten (10) days to cure
before suspending performance and turning off ATS’s cameras; (2)
withhold payments to City, as described in Section 5.1; (3) terminate
this Agreement for cause where City’s account remains delinquent
sixty (60) days after written notice; and (4) in addition to the foregoing,
seek any other available remedies at law or equity.
b) Termination under this subsection for any reason other than non-
payment of Fees by City is subject to the condition that the terminating
Party notifies the other Party of its intent to terminate, stating with
reasonable specificity the grounds therefore, and the other Party fails
to cure the default within forty-five (45) days after receiving written
notice. In the event of Termination by ATS under this subsection for
breach by City (including non-payment of Fees), City shall pay ATS
an early termination fee based on a price of $76,660 per Camera
System amortized over sixty (60) months on a straight-line basis. The
amortization schedule for said costs shall be reduced by 1/60th for
each month each Camera System is operational. Said another way,
for every month a Camera System is operational, $1,277 will be
subtracted from the total $76,660 early termination fee for each
Camera System.
15.2 Upon termination of this Agreement, including because it has reached the end of its term, the
Parties recognize that City will have to process Events in the “pipeline”, and that ATS accordingly
must assist City in this regard. Accordingly, the Parties shall take the following actions and shall
have the following obligations, which survive termination during the wind-down period:
(i) City shall cease using the Axsis™ System to capture Events.
(ii) Unless it is unlawful to do so, ATS shall, for a period of ninety (90) days, continue to process
all Events captured before termination and provide all services associated with processing in
accordance with this Agreement and shall be entitled to a monthly fee of $4,750 per Camera
System. After such ninety (90) day period, ATS shall terminate all use of the Axsis™ System
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for City’s Program and upon such termination, the Axsis™ System, including violationinfo.com
website, and related lockbox shall no longer be capable of accepting payments.
(iii) Except as provided for in Sections 8 and 15.2(iv) related to the Systems, City shall return or
allow ATS to recover all provided equipment within a reasonable time not to exceed ninety (90)
days.
(iv) Upon City’s request or if otherwise required by law, regulation, or administrative agency, and
subject to the limitations set forth herein, ATS shall remove any and all Systems ATS installed
in connection with ATS’s performance of its obligations under this Agreement for the actual
cost of the removal (presently estimated at approximately $5,000 per System) plus an
additional 20% service fee (the “Removal Fee”). Such removal shall include but not be limited
to housings, poles and Camera Systems. As part of the services performed for the Removal
Fee, ATS shall restore the surface of City’s property to substantially the same condition as
such property was in immediately prior to this Agreement, except for foundation removal, which
shall be left approximately flush with grade with no exposed bolts, or other hazards. Installed
underground conduit, foundations, and other equipment shall not be required to be removed.
City shall accept and observe any and all duties, obligations, or liabilities associated with the
remaining foundation, conduit, or other below-grade Infrastructure.
(v) Within one hundred twenty (120) days of termination of the Agreement, ATS shall provide City
all evidence package data and information for all Violations currently maintained on the Axsis™
System on behalf of City. The information shall be delivered in the standard ATS format to City
on removable media. Upon delivery of said evidence package data and information City agrees
that ATS is no longer under any obligation to maintain evidence package data or information
and that any public records request for such information shall be responded to exclusively by
City, as City wi ll be the custodian of records for any and all Violations and related evidence
package data and information.
15.3 In the event of termination by ATS for non-payment of Fees by City, ATS shall cease processing
Events as of the date of termination.
16. AMENDMENTS TO THE AGREEMENT:
The Parties may from time to time consider it in their best interest to modify or extend terms, conditions
or covenants of this Agreement; require modifications in the Scope of Work to be performed; or request
the performance of additional services regardless of and without invalidating the process that was used
to procure the services enumerated under this Agreement. If modifications result in additional costs to
City, ATS will provide a written estimate of such. Any such addition, deletion, extension or modification,
including any increase or decrease in the amount of ATS’s compensation, which are mutually agreed
upon by and between City and ATS shall be incorporated in written amendments to this Agreement. Such
amendments shall not invalidate the procurement process or this Agreement nor relieve or release ATS
or City of any of its obligations under this Agreement unless stated therein.
17. ADDITIONAL SERVICES:
During the term of this Agreement, from time-to-time ATS may propose certain new technologies for City
to consider (e.g., school bus, bus lane, pedestrian, railroad, other undeveloped technologies, or Program
enhancements) and, if so desired, City may procure from ATS the new technologies through an
amendment to this Agreement upon terms to be mutually agreed upon.
18. LEGAL CONSTRUCTION:
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not
affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had not been contained herein. This Agreement shall be enforced to the
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maximum extent possible so as to give effect to the intent of the Parties and shall be reformed without
further action by the Parties to the extent necessary to make such provision valid and enforceable herein.
19. PRIOR AGREEMENT SUSPENDED:
This Agreement constitutes the sole and only agreement of the Parties and supersedes any prior
understanding, written or oral, between the Parties respecting the written subject matter.
20. LIMITED AGENCY:
ATS shall act as a limited agent of the City solely for purposes of (i) opening and maintaining bank
accounts; (ii) access to DMV records; (iii) generating and administratively processing recorded images of
Events as described in this Agreement and (iv) the Business Rules. Employees, contractors, agents and
servants of ATS shall in no event be considered to be employees, agents (other than in the limited
capacity described herein), contractors or servants of City. This Agreement does not and shall not be
interpreted as creating a general agency relationship between ATS and City.
21. FORCE MAJEURE:
Neither Party will be liable to the other or be deemed to be in breach of this Agreement for any failure or
delay in rendering performance arising out of causes beyond its reasonable control and without its fault
or negligence (an event of “Force Majeure”). Such causes may include but are not limited to, acts of God
or the public enemy, terrorism, significant fires, floods, earthquakes, epidemics, quarantine restrictions,
strikes, freight embargoes, or unusually severe weather. For the avoidance of doubt, road construction
is not an event of Force Majeure. The Party whose perf ormance is affected agrees to notify the other
promptly of the existence and nature of any delay.
22. TAXES:
Where required by law, ATS shall pay for and maintain in current status all taxes assessed against ATS
that are necessary for contract performance. City agrees to pay State of Washington sales or use taxes
on all applicable services and materials and agrees to furnish ATS with an exemption certificate where
appropriate, and City agrees to reimburse ATS for any excise taxes if charged against ATS.
23. NOTICES:
Any notices or demand which, under the terms of this Agreement or under any statute, must or may be
given or made by ATS or City shall be in writing and shall be given or made by personal service, first
class mail, Federal Ex press, or by certified mail to the Parties at the following address:
City of Renton American Traffic Solutions, Inc.
1055 South Grady Way 1150 N. Alma School Road
Renton, WA 98057 Mesa, Arizona 85201
Attn: Chad Karlewicz, Commander Attn: Legal Department
24. SURVIVAL:
The following provisions of the General Terms and Conditions shall survive the termination of this
Agreement: Sections 5, 8, 9, 10, 12, 13, 15, and this Section 24.
25. EXECUTION:
This Agreement may be executed in one or more counterparts, each of which will be deemed to be an
original copy of this Agreement, and all of which, when taken together, shall be deemed to constitute one
and the same Agreement. The exchange of copies of this Agreement and of signature pages by facsimile
or “.pdf” transmission shall constitute effective execution and delivery of this Agreement as to the Parties
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and may be used in lieu of the original Agreement for all purposes. Signatures of the Parties transmitted
by facsimile or “.pdf” shall be deemed to be their original signatures for any purpose whatsoever.
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EXHIBIT A
SERVICE FEE SCHEDULE
1.0
Description of Pricing
Fees are based on per camera per month and are as follows:
Product Description
Fee per Camera
per Month
1-2 Lane Red Light Safety Camera System – includes existing Camera Systems and
Camera System s installed subsequent to the effective date of this Agreement - the
parties shall mutually agree on the number of units to be installed. Fee is for a single
Camera System monitoring a single direction of travel.
$3,500
3-4 Lane Red Light Safety Camera System – includes existing Camera Systems and
Camera System s installed subsequent to the effective date of this Agreement - the
parties shall mutually agree on the number of units to be installed. Fee is for a single
Camera System monitoring a single direction of travel.
$3,750
1-4 Lane Fixed Site School Zone Speed Safety Camera System – includes existing
Camera Systems and Camera Systems installed subsequent to the effective date of this
Agreement - the parties shall mutually agree on the number of units to be installed. Fee
is for a single Camera System monitoring a single direction of travel.
Fee includes up to 800 issued infractions per camera per month.
$4,750
Service Fees: All Service Fees per Camera System above includes all costs required and associated with
a Camera System installation for monitoring up to 4 lanes and two signal phases, routine maintenance, and
use of Axsis System for back-office operations. Includes camera equipment for monitoring up to 4-lanes
and up to two (2) signal phases, installation, maintenance, Event processing services, DMV records access,
First Class mailing of notice of infraction with return envelope, lockbox and epayment processing services
(excluding per item process fee and user convenience fee), IVR call center support for general Program
questions and public awareness Program support This pricing applies to all Cameras installed within the first
twelve (12) months of the term of this Agreement. Service fees for Cameras installed after the first 12 months
of term of this Agreement shall be subject to a negotiated fee or extension of the term of this Agreement.
Monthly service fee includes postage for the first class mailing of the 1st and 2nd notices. Any required certified
mail is not included and the fee is extra and will be billed per unit as published by the US Postal Service
(http://www.usps.com/prices/extra-services-prices.htm).
ATS’s monthly fee includes postage for the first class mailing of standard offering. Certified mail is extra and
will be billed per unit as published by the US Postal Service plus a $2.00 per unit service charge.
Fee for Optional Services
1. Issuance of 2nd Notice with return envelope (fee per unit) $1.50
2. Lockbox payment processing service including processing of checks, money orders,
cashier checks and case as well as initial program setup and ongoing monthly account
fees. (fee per processed item)
$1.50
3. Affidavit/Transfer of Liability and New Address processing service – (fee per processed
item)
$2.00
4. Inbound and outbound call support related to hearing scheduling, payments, disputes, etc.
(fee per call processed)
$3.00
5. Fee per 1st notice of infraction issued above the first 800 per camera per month $5.00
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6. Collections services if allowed by law – includes collections activity on all in-state and out
of state delinquent payments remaining after second notice. Service includes noticing,
phone contact, and credit reporting. ATS will add the collections fee to the outstanding
notice balance such that City net equals $124.
25% of
collections
7. Skip Tracing (per good address located) $3.50
2.0
Optional Collection Services:
ATS may initiate collection efforts of delinquent notices upon written request by City, so long as
collection of said recovered revenue amounts does not conflict with applicable state law. ATS
will be entitled to receive portions of the collected revenue as noted below. The maximum is
30% total for both pre-collection and collection services. For those accounts in default that go
to collection, this is in addition to our Fees noted above.
Pre-Collection Letters 10% of Recovered Revenue
Delinquent Collections Services 30% of Recovered Revenue
In the event that City elects to have ATS provide collections services, City shall so notify ATS in
writing. City agrees that, once ATS’s collections services are elected, City may not utilize another
vendor for these collections services without prior written consent from ATS through an
amendment to this Agreement.
3.0 Optional Annual Training Conference: ATS may provide a comprehensive user training
conference (the “Conference”) for active photo traffic safety and enforcement clients. The
Conference’s main focus is training of the Axsis™ System. Core elements include training on
implementation methods and improvements, operational monitoring and improvements,
statistical analysis, public relations and technology assessment. The sessions include
participation by industry members, industry speakers and panel discussions. City shall be
invoiced $100 per month per attendee and can assign up to three (3) project team members to
attend the Conference. The $1,200 fee per attendee will cover travel, accommodations and all
related Conference fees. Any excess funds that are not required for attendance at the
Conference will be refunded to the City.
4.0 Optional Public Relations Services: ATS may provide additional public relations services
upon written request by City. These services may include advertising, media relations, and
public relations consultants. The fee for such services shall be mutually agreed upon based on
the scope of the public relations services to be provided.
5.0 Video Retrieval Fee: ATS shall retrieve up to one (1) video per week at no cost to City. For all
additional video retrievals, the fee is $10.00 each.
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EXHIBIT B
SCOPE OF WORK
Photo Enforcement (Red Light and Speed Enforcement)
1. ATS SCOPE OF WORK
1.1 ATS IMPLEMENTATION
1.1.1 ATS agrees to provide Camera System(s), use of the Axsis™ System and related services
to City as outlined in this Agreement, excluding those items identified in Section 2 titled
“City Scope of Work”. ATS and City understand and agree that new or previously
unforeseen requirements may, from time to time, be identified and that the Parties shall
negotiate in good faith to assign the proper Party the responsibility and cost for such items.
In general, if work is to be performed by City, unless otherwise specified, City shall not
charge ATS for the cost.
1.1.2 City and ATS will complete the Project Time Line within thirty (30) days of Agreement
execution date, unless mutually agreed to otherwise by the Parties. ATS agrees to make
every effort to adhere to the Project Time Line.
1.1.3 ATS will conduct a Site Selection Analysis of candidate sites. ATS will assist City in
determining which Approaches will be the most beneficial to City in pursuit of its traffic
safety and enforcement goals. Considerations may include collision history, community
safety, police department staff review and engineering feasibility assessment. Camera
System installations will be based on mutual agreement by City and ATS.
1.1.4 ATS will install or deploy Camera System(s) at a number of intersections or Designated
Safety Zones to be mutually agreed upon between ATS and City after completion of Site
Selection Analysis. In addition to any initial Designated Intersections or , the Parties may
mutually agree to add additional Camera System(s) or Approaches, which shall be
reflected in a written Notice to Proceed as set forth in EXHIBIT C.
1.1.5 ATS will operate each Camera System on a 24-hour basis, barring downtime for
maintenance, normal servicing activities, or other unforeseen instances (e.g., Force
Majeure event, etc.).
1.1.6 ATS’s Communications Department will assist City with public information content and
outreach campaign strategies. Depending upon the mutually agreed-upon strategy, ATS
may provide public relations consultants, advertising, or media relations for an additional
fee as described in EXHIBIT A.
1.1.7 ATS agrees to provide a secure website (www.violationinfo.com) accessible to Owners
who have received notices of violation by means of a Notice # and PIN, which will allow
Violation image and video viewing. As part of the secure website, a space will be provided
for a Frequently Asked Questions (F.A.Q.) page approved by City. ATS will operate this
secure website on a 24-hour basis, barring downtime for maintenance, normal servicing
activities, or other unforeseen instances (e.g., Force Majeure event, etc.).
1.1.8 ATS will provide technician site visits to each Camera System, as needed, to perform
maintenance checks consisting of camera enclosure lens cleaning; camera, strobe and
controller enclosure cleaning; inspection of exposed wires; and, general system
inspections and maintenance.
1.1.9 ATS shall actively maintain the System located at each Approach to ensure minimum
standards as set forth in applicable law, or regulation, or ATS service level agreements,
are met or exceeded. ATS shall take reasonable best efforts to repair a non-functional
System within seventy-two (72) hours (excluding weekends and holidays) of determination
of a malfunction, except for causes of Force Majeure.
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1.1.10 If City is using ATS lockbox or epayment services, ATS will establish a dedicated demand
deposit account. If City is more than sixty (60) days past due on payments to ATS, ATS
may withhold all transfers/sweeps of Violation payments to City until City becomes current
on its payments.
1.1.11 ATS is authorized to charge, collect and retain a service/convenience fee of $5.00 or up to
5% of the total payment, for each electronic payment processed, whichever is higher. Such
fee is paid by the violator and retained by ATS to cover the administration of providing this
service.
1.2 ATS OPERATIONS
1.2.1 ATS shall implement and operate the Program in accordance with the provisions of this
Agreement and the City’s Business Rules.
1.2.2 If a warning period is required, ATS shall provide City with a one-time warning period up to
thirty (30) days in length following the installation and activation of the first installed Camera
System. City shall not be charged a fee for the warning period; however for any warning
period exceeding thirty (30) days City shall be responsible for the normal monthly Service
Fee.
1.2.3 ATS shall provide City with access to the Axsis™ System, including image processing, first
notice printing and mailing of Citation per chargeable event and a mailing of a text only
reminder notice, a hearing scheduled letter, a hearing denied letter, an insufficient
information letter, and a dismiss letter. The Axsis™ System shall ensure each Citation or
notice of infraction is delivered by First Class mail to the Owner within the statutory period.
In the case of a transfer of liability by the Owner, the Axsis™ System shall be setup to mail
a Citation or notice of infraction to the driver identified in the affidavit of non-liability or by a
rental car company. Costs of certified mailings are priced separately and paid by City for
additional compensation to ATS as indicated in EXHIBIT A.
1.2.4 Subsequent notices, other than those specified in Subsection 1.2.3 may be delivered by
First Class or other mail means for additional compensation to ATS as agreed upon by the
Parties.
1.2.5 The Axsis™ System shall allow the law enforcement officer to apply the officer’s electronic
signature to the Citation when authorized to do so by an approving law enforcement officer.
1.2.6 ATS shall seek records from out-of -state vehicle registration databases and use such
records to assist City in processing Citations. In its capacity as limited agent pursuant to
the DMV Services Subscriber Authorization found in EXHIBIT D, ATS may seek records
from out-of -state vehicle registration databases. ATS reserves the right to mail Citations
to the address of the Owner obtained through the DMV, obtained through the National
Change of Address (NCOA) database provided by the United States Postal Service, or
obtained through other means including but not limited to skip tracing.
1.2.7 If City is unable to or does not desire to integrate Axsis data to its adjudication system, ATS
shall provide Axsis as an adjudication processing module to allow City to review cases,
related images, and other related information required to adjudicate the disputed Violation.
The Axsis™ System will also enable the court staff to accept and account for payments.
Any costs charged by a third party vendor related to the provision of Axsis data to the
adjudication system are the responsibility of City.
1.2.8 The Axsis™ System shall provide City with the ability to run and print standard system
reports. ATS provides a robust suite of standard program reporting at no charge to clients
with active Programs. Upon notice to City, ATS reserves the right to modify the suite of
standard program reporting available to City, so long as such change applies generally to
Cities with similar programs. Customized reporting services are available upon written
request. The fee for such services shall be mutually agreed upon based on the substance
and form of the report to be provided.
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1.2.9 During the twelve (12) month period following the installation of the first camera, upon
ATS’s receipt of a written request from City at least fourteen (14) calendar days in advance
of a court proceeding, and if required by the court or prosecutor, ATS shall provide City
with or train a local expert witness to testify in court on matters relating to the accuracy,
technical operations, and effectiveness of the Camera System or the Axsis™ System until
judicial notice is taken. City shall use its best efforts to obtain judicial notice as soon as
possible. If an ATS expert witness is required more than two (2) times during the twelve
(12) month period, City shall reimburse ATS for any reasonable time and travel costs
incurred for the additional dates.
1.2.10 In those instances where damage to a System (or sensors where applicable) is caused by
(i) negligence on the part of ATS or its authorized agent(s), ATS shall bear the cost of repair
or (ii) negligence or recklessness on the part of a driver or severe weather or other Force
Majeure events, ATS and City shall bear the cost of repair equally with City reimbursing
ATS for its portion of the cost of repair. For all other causes of damage, including road
construction, City negligence, etc. City shall reimburse ATS for the cost of repair.
1.2.11 ATS shall provide a help-line to assist City with resolving any problems encountered
regarding its Camera System and/or the Axsis™ System. The help-line shall function
during Business Hours.
1.2.12 As part of the Axsis™ System, a website will be made available to allow alleged violators
the ability to view their Citations online. This online viewing system shall include a link to
the ATS payment website(s) and may offer the opportunity to download an affidavit of non-
liability online. Online obtained affidavits, if approved by the court, may be directed to and
processed by ATS processors and communicated to the court via the Axsis transfer
described above.
1.2.13 For video retrievals requested by City unrelated to enforcement of a Violation, including
but not limited to investigation of a criminal matter, ATS will provide up to one (1) video
retrieval per week at no cost to City. For each additional video retrieval, City shall pay a
fee, pursuant to EXHIBIT A (“Video Retrieval Fee”).
2. CITY SCOPE OF WORK
2.1 GENERAL IMPLEMENTATION REQUIREMENTS
2.1.1 Within seven (7) business days of the Effective Date of this Agreement, City shall provide
ATS with the name, title, mailing address, email address and phone number of:
o A project manager with authority to coordinate City responsibilities under this
Agreement;
o Municipal Court manager responsible for oversight of all Court-related program
requirements;
o The police contact;
o The court contact;
o The person responsible for overseeing payments by violators (might be court);
o The Prosecuting Attorney;
o The City Attorney;
o The finance contact (who receives the invoices and will be in charge of
reconciliation);
o The IT person for the police;
o The IT person for the courts;
o The public works and/or engineering contact responsible for issuing any/all permits
for construction; and
o Municipal Court manager responsible for oversight of all Court-related program
requirements.
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2.1.2 City and ATS shall complete the Project Time Line within thirty (30) calendar days of the
Effective Date of this Agreement, unless mutually agreed to otherwise by the Parties. City
shall make every effort to adhere to the Project Time Line.
2.1.3 In cooperation with ATS, City shall prepare the Business Rules for implementation and
operation of the Program.
2.1.4 City shall direct the Chief of Police or approved alternate to execute the DMV Services
Subscriber Authorization, attached as EXHIBIT D, to provide verification to the State
Department of Motor Vehicles, National Law Enforcement Telecommunications System, or
appropriate authority indicating that ATS is acting on behalf of City for the purposes of
accessing vehicle ownership data pursuant to the list of permissible uses delineated in the
Drivers Privacy Protection Act 18 U.S.C. 2721, Section (b) (1) and as may otherwise be
provided or required by any provision of applicable state law.
2.1.5 City is responsible for notifying ATS of any local legislative and/or ordinance changes in
writing within forty-eight (48) hours of the first read of the proposed legislation. ATS will not
be responsible for complying with any change in applicable local law, until such time as
ATS has been notified by City in writing of the change in law.
2.1.6 City is responsible for all final jurisdictional issues.
2.1.7 Once a Notice to Proceed is granted to ATS in writing, City shall not issue a stop work
order to suspend activity on the implementation process, unless City reimburses ATS for
costs incurred up to the date the stop work order is issued.
2.1.8 Once a Camera System is installed and certified by ATS as operational, it shall be
immediately put into service.
2.1.9 Pursuant to RCW §46.63.170(1)(a), City shall post an annual report of the number of traffic
accidents that occurred at each location where an automated traffic safety camera is
located as well as the number of notices of infraction issued for each camera and any other
relevant information about the automated traffic safety cameras that the City deems
appropriate on the City's web site.
2.2 STREETS AND TRAFFIC DEPARTMENT OPERATIONS
2.2.1 If City requests that ATS move a System to a new Approach after initial installation, City
shall pay for the costs to relocate the System, which may be up to $120,000 per System.
City may not request the relocation of a site within the first year after installation.
2.2.2 If a construction or improvement project requires an installed Camera System to be
deactivated or requires a Camera System, including imbedded sensors, to be moved or
removed, City shall continue to pay the Service Fee and any costs for moving or removing
the System, which may be up to $120,000 per System. City may elect to reimburse ATS
directly or ATS may recover its costs from Program funds in addition to its normal fee.
2.2.3 Prior to the installation of any System, City shall provide ATS information regarding any
and all road construction or improvement projects scheduled during the term of this
Agreement for any intersection Approach designated for System installation.
2.2.4 City will design, fabricate, install and maintain camera warning signs. If City cannot provide
such signage, ATS will do so and City shall reimburse ATS for such costs.
2.2.5 City understands that proper operation of the System requires access to traffic signal phase
connections. City, therefore, shall provide free access to traffic signal phase connections
according to approved design. When traffic signal phase connections are not under the
jurisdiction of City, it shall be City’s responsibility to negotiate agreements with the owner
or maintaining agency of the traffic signal controller and infrastructure in order to provide
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the required access to said phase connections and infrastructure and any costs associated
with needed agreements shall be funded by City.
2.2.6 City understands that proper operation of the System sometimes requires attachment of
certain items of detection equipment to existing signal masts, mast arms and/or other street
furniture. City, therefore, shall provide free access to ATS to attach certain items of
detection equipment to existing signal masts, mast arms and / or other street furniture for
the proper operation of the System.
2.2.7 If available, City shall allow ATS to access power from existing City power sources at no
cost and shall allow or facilitate access to traffic signal phase connections to a pull box,
pole base, or controller cabinet nearest to each System within City’s jurisdiction. If these
items are not made available, ATS may agree to cover these costs. If existing power
sources are not immediately available, City will allow ATS to use temporary power until the
existing power is established. In situations where it is not possible to obtain electrical power
from a pre-existing source, ATS may bear the costs for obtaining/routing power. When
access to power facilities is not under the jurisdiction of City, the City shall assist ATS in
negotiating any necessary agreements with the owner or maintaining agency of the power
facility and infrastructure in order to provide required access to said power facilities and
infrastructure. If power costs or running of conduit is cost-prohibitive at a certain location,
as determined by ATS, the parties agree to work on finding another mutually agreeable
location.
2.2.8 City shall not require ATS to provide installation drawings stamped by a licensed civil
engineer. However, ATS work product and drawings shall be overseen and approved by
an ATS PE and such deliverables shall conform to applicable engineering norms and
reflect the details of installation work to be completed.
2.2.9 City shall approve or reject ATS submitted plans in a timely manner and shall make best
efforts to as few as possible revisions beyond the initially submitted plans. City shall
provide its best efforts in providing aid in achieving expeditious plan approvals when plans
are being reviewed and permitted by any state and/or county agencies.
2.2.10 City, or any department of City, shall not charge ATS or its subcontractor(s) for building or
construction permits. The City may charge ATS for electrical permits, based on the value
of the work, and right of way use permits, as determined by the City’s Community &
Economic Development Department.
2.2.11 City understands and agrees that time is of the essence and that public safety is at issue
and shall issue all needed permits to ATS and its subcontractor(s) as soon as practical
after plan approval. City shall provide its best efforts to aid in achieving expeditious permit
issuance when permitted by any state and/or county agency.
2.2.12 If required by the submitted design for proper operation, City shall allow ATS to install
vehicle detection sensors in the pavement of roadways within City’s jurisdiction, as
permitted. City shall provide its best efforts to aid in acquiring any and all required
permission and permits when the roadway is under the jurisdiction of the state or county.
2.2.13 ATS may build needed infrastructure into any existing City-owned easement, conditioned
upon approval from the City.
2.2.14 If use of private property right-of -way is needed, City shall assist ATS in acquiring
permission to build in existing utility easements as necessary. If any fees are required in
securing a private property right-of -way lease/rental the parties shall negotiate in good faith
how the fees shall be paid or the parties may look for a different location.
2.2.15 City shall comply in all aspects with RCW §46.63.170(1)(b).
AGENDA ITEM #7. c)
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2.3 LAW ENFORCEMENT DEPARTMENT OPERATIONS
2.3.1 City shall process each Event in accordance with state law and/or municipality ordinances
within three (3) business days of its appearance in the law enforcement review queue,
using Axsis to determine which Events constitute Violations that will be issued as Citations.
In the event that City fails to process Events within this timeframe, ATS shall not be liable
for failure of the Axsis™ System to allow City to issue a notice or Citation within statutory
timeframes.
2.3.2 For optimal utilization, City workstation computer monitors for Event review and approval
should provide a resolution of 1280 x 1024.
2.3.3 For optimal data throughput, City workstations should be connected to a high-speed
internet connection with bandwidth of T-1 or greater.
2.3.4 City shall provide signatures of all authorized law enforcement users who will review events
and issue Citations on forms provided by ATS for setup of the Axsis™ System to allow said
users to apply their electronic signatures to a Citation.
2.4 COURTS OPERATIONS
2.4.1 If City does not provide payment processing services, City shall use the Axsis™ System
for payment processing services. The fees for lockbox and epayment services are
presented in EXHIBIT A.
2.4.2 City shall provide a judge or hearing officer and court facilities to schedule and hear
disputed Citations.
2.4.3 City shall provide the specific text required to be placed on the Citation or notice of
infraction to be issued by City using the Axsis™ System within thirty (30) days of the
Effective Date of this Agreement.
2.4.4 City shall approve the Citation form within fifteen (15) days of receipt from ATS. ATS may
make non-substantive formatting or incidental changes to the Citation without approval by
City.
2.4.5 City shall handle inbound and outbound phone calls and correspondence from defendants
who have questions about disputes and other issues relating to Citation adjudication. City
may refer citizens with questions regarding the Camera System technology and processes
to websites and/or toll free telephone numbers provided by ATS for that purpose.
2.4.6 Within ten (10) days after expiration of a second notice, City shall pursue delinquent
collections of unpaid notices with an existing contractor or ATS.
2.4.7 Any potential, one-time, direct costs to ATS to develop an interface with the Court system
will be initially paid by ATS and any such cost will be reimbursed to ATS from collected
revenues in addition to the Fees in EXHIBIT A, Service Fee Schedule 1.
2.5 INFORMATION TECHNOLOGY DEPARTMENT OPERATIONS
2.5.1 In the event that remote access to the Axsis™ System is blocked by City network security
infrastructure, City’s Department of Information Technology shall coordinate with ATS to
facilitate appropriate communications while maintaining required security measures.
AGENDA ITEM #7. c)
EXHIBIT C
ADDITIONAL CAMERA LOCATIONS
ATS shall make its best efforts to install additional Camera Systems within thirty (30) days of permits being
granted and power delivered for each agreed-upon location, providing that City has received permission for
all implementations in writing from any third-party sources.
Execution of this Agreement shall serve as written Notice to Proceed by City for the installation of Camera
Systems for all locations designated as follows:
Red Light Safety Camera Locations:
NB Park Ave N & Logan Ave N
WB Park Ave N & Logan Ave N
NB Talbot Road S & S Grady Way / SR515
SB Talbot Road S & S Grady Way / SR515
WB S Grady Way / SR515 & Talbot Road S
WB S Puget Dr / S 15th St & Talbot Road S / Benson Dr S / SR515
Fixed Site School Zone Speed Safety Camera Locations:
NB 144th Ave SE
SB 144th Ave SE (Jericho Ave)
Implementation and installation of any Approach or location is subject to Site Selection Analysis and
constructability analysis results and must be mutually agreed to by the parties.
Additional Approaches and locations may be selected in addition to the Approaches and locations listed
above and may be selected based on Site Selection analysis, collision history, input, community safety,
recommendations from City and a construction feasibility assessment. The Approaches and locations will
be designated by the City, which designation will be based upon City Staff review. Camera installations
will be based on mutual agreement by City and ATS and shall only be installed upon a written Notice to
Proceed (see Exhibit D).
Pursuant to RCW § 46.63.170(1)(a), prior to installation the City shall perform and prepare an analysis of
all the additional Approaches or locations within the jurisdiction where Camera Systems are proposed to
be located.
AGENDA ITEM #7. c)
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EXHIBIT D
FORM OF NOTICE TO PROCEED
Reference is made to the Standard Professional Services Agreement by and between American Traffic
Solutions, Inc. (“ATS”) and ______________ (“City”), dated as of [date] (the “Agreement”). Capitalized
terms used in this Notice to Proceed shall have the meaning given to such term in the Agreement.
City hereby designates this [first] phase implementation of cameras at designated intersections. ATS shall
make its best efforts to install a Camera System within thirty (30) days of permits being granted and power
delivered for each agreed-upon Approach, providing that City has received permission for all
implementations in writing from any third-party sources.
Below is a list of locations provided by City, which have been analyzed based on traffic volumes, road
geometry, and existing infrastructure and are believed to be locations at which a Camera System would
increase public safety.
Execution of this Notice to Proceed by City shall serve as authorization for the installation of Camera
Systems for all intersections designated as follows:
Red Light Safety Camera Locations:
NB Park Ave N & Logan Ave N
WB Park Ave N & Logan Ave N
NB Talbot Road S & S Grady Way / SR515
SB Talbot Road S & S Grady Way / SR515
WB S Grady Way / SR515 & Talbot Road S
WB S Puget Dr / S 15th St & Talbot Road S / Benson Dr S / SR515
Fixed Site School Zone Speed Safety Camera Locations:
NB 144th Ave SE
SB 144th Ave SE (Jericho Ave)
City understands that implementation and installation of any Approach or location is subject to Site
Selection Analysis and constructability results.
City recognizes the substantial upfront costs ATS will incur to construct and install the Systems for the
above listed intersection approaches or locations. City agrees that the Systems authorized by this Notice
to Proceed for the above-list ed Approaches or locations shall remain installed and operational for the
duration of the current term of the Agreement. ATS reserves the right to bill City for any upfront costs
associated with the intersection approaches or locations listed above in the event City elects to cancel or
suspend the installation.
[SIGNATURE PAGE ON FOLLOWING PAGE]
AGENDA ITEM #7. c)
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IN WITNESS WHEREOF, City has executed this Notice to Proceed as of the date written below.
CITY OF RENTON, WASHINGTON
By:
Name:
Title:
Date
ACKNOWLEDGED AND AGREED TO BY:
AMERICAN TRAFFIC SOLUTIONS, INC.
By:
Elizabeth Caracciolo
Senior Vice President/General
Manager, Government Solutions
Date
AGENDA ITEM #7. c)
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EXHIBIT E
DMV SERVICES SUBSCRIBER AUTHORIZATION
Agency ORI: _____________
DATE
NLETS
1918 W. Whispering Wind Dr.
Phoenix, AZ 85085
Attn: Steven E. Correll, Executive Director
Re: Authorization for American Traffic Solutions, Inc. to Perform MVD Inquiry
Dear Mr. Correll:
Please accept this letter of acknowledgement that an Agreement to perform automated enforcement
between _______________________________ and American Traffic Solutions, Inc. is or will be entered
into and will be or is in force. As a requirement of and in performance of that Agreement between
__________________________________ and American Traffic Solutions, Inc., it will be necessary for
American Traffic Solutions, Inc. to access NLETS motor vehicle data.
Please accept this letter as authorization from ____________________________ for American Traffic
Solutions, Inc. to run motor vehicle inquiries. This authorization is and will be in effect for the term of our
Agreement with NLETS and any subsequent renewals.
This authorization will automatically expire upon the termination of the Agreement between
_________________________________and American Traffic Solutions, Inc., and, such authorization is
limited to violations detected by the automated enforcement camera systems. By completing the information
below and signing this letter, I am stating that I am a member of the
_________________________________and have the authority to empower American Traffic Solutions,
Inc. to use ORI ____________________for this function.
SUBSCRIBER INFORMATION
Subscriber Agency/Name
NLETS Agency ORI
Name/Title of Authorized
Representative
Mailing Address
Telephone Fax
Email
Signature of Authorized
Representative
Date Signed
AGENDA ITEM #7. c)
AB - 1978
City Council Regular Meeting - 21 Aug 2017
SUBJECT/TITLE: Sunset Lane NE Improvements Project; CAG-16-049 Change Order #8 -
Resolution of Puget Sound Energy Conflict
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Transportation Systems Division
STAFF CONTACT: Keith Woolley, Transportation Design Project Manager
EXT.: 7318
FISCAL IMPACT SUMMARY:
The initial contract with Road Construction Northwest (RCNW), was for $4,704,216. Change orders to date
have increased the final amount by $162,381 to $4,866,597, a 3.45% increase.
This proposed change order for $347,510 will increase the total contract amount to $5,214,107, a 10.84% total
increase. The total project budget is $5,513,662, and the final contract amount falls within the bud get.
Payment will be made from the Sunset Lane NE Improvements account (317.122122.016.595.30.63.001).
SUMMARY OF ACTION:
The subject project, which reconstructs Sunset Lane NE as a two-lane roadway providing access to the new
Renton Highlands Library, the Sunset Neighborhood Park and new private development is currently under
construction. The construction contract CAG -16-049 is with Road Construction Northwest. The project
started on August 15, 2016 and is scheduled to be completed in Octobe r 2017.
This change order is necessary to revise the work to resolve a conflict between a 24 -inch storm sewer and an
existing Puget Sound Energy (PSE) underground conduit, and between proposed storm sewer pipe and existing
PSE power poles. This change order adds 54 working days to the contract and compensates the contractor for
added equipment standby time and project overhead. This change order also compensates the contractor for
added erosion and/or water pollution control related to the PSE conduit c onflict.
Puget Sound Energy has been notified regarding the delay experienced by the projectdue to these PSE
conflicts. City project staff and PSE are in discussion regarding PSE’s reimbursement to the City for costs
associated with this change order.
EXHIBITS:
A. CHANGE ORDER #8 to CAG-16-049
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to execute Change Order #08 to CAG -16-049 with Road Construction
Northwest.
AGENDA ITEM #7. d)
CityofRenton
CHANGE ORDER No.8
Resolution of Conflict between PSE Conduit and Proposed HDPE Pipe
Date:August 1st.2017 Page 1 of8
T0:‘PROJECTIDENTIFICATION:
Road Construction Northwest Sunset Lime NE
Po Box 133
‘
Renton #CAG-16-049
Renton,WA 98057
Registration No‘RCNW*CN978L6
TEL (425)-254-9999 Ordered by Engineer under the terms ofsection
FAX (425)-25-I-1334 1-0+4 ofthe Standard Speci?cations
Cltzsttgcp1n;w~c:li>;.t'1~i:I::v.t‘iut'
We the undersigned Contractor,have given careful consideration to the change proposed and hereby agree,if
this proposal is approved,that we will provide all equipment,furnish all materials except as may otherwise be
noted below,and perform all services necessary for the work below speci?ed,and will accept as full payment
therefore the prices shown below.
Endorsed By:Road Construction NW ‘Consent given by Surety:(when required)
DngttallysignedbylellteyM BY
T,_gffres M,Ka r,,K,0;Y?_
‘
__
‘I '.1
FE lde?r__"T :Attorney in Fact
\’ou are ordered to perform the following described work upon receipt of an approved copy of this change order.
DESCRIPTION OF WORK:
The contractor shall install an HDPE bend to route the proposed 24"Slorm Sewer Pipe between CB#1-l and CB#6I
under the existing PSE conduits which are in conflictwitlt the pipe per the attached sheet.This work will be tracked by
forceaccount and paid using COS-A82 -Fahricate and Install 2-/"HDPE bend at PSE Conduit Conflict.
The contractorsltttll revise their schedule tuulplanttetl crew to continue work during the time between the discorerr
that the existing PSE conduit could not be moved and the time the direction to install the HDPE [tend under the
existing conduit was given.The contractor shall revise their schcclttle amlplannedcrew to E‘0t)I[)lL'lt.’the/‘ixto route the
proposed 2-t"Storut Sewer Pipe between CBf4l4 and CB#6l under the existing PSE conduit which cannot be moved.
This work will require the addition of54 winking days to the contract.The added costforthe added working da_v.\'will
be paid as a lump sum item as was agreed as a result ofthe equitable at_l/ustment negotiation betweert the contractor
and the City ofRenton.Tltis lttmp stun item will be C()S«A83 —Revise Schedule and Revised ll"ork Plan to Continue
Work During Resolution o/‘PSEConduit Con/lt'ct_
The contractor shall provide additional e'I‘().\'l0I1/l\'£IlL'l'/)()llltllt)I1 control as required to handle water in the new storm
sewer system that could not be discharged using the proposed 24"Storm Sewer Pipe which could not be ittstalledper
the original plan.The conlraetor.\'ltall provide additiotml et'0sirm/write!‘pollution control as required to handle the
water which comes in contact with the open e.\'cttvation during the time l7etwecn the discorety ofthe existing PSE
conduit which cannot be moved and the completion o/thefix to route the proposed 24'’Storm Sewer Pipe between
CB#l-I and CB#6l under the e.vt'stittg PSE conduit which cannot be moved.This will be tracked byforce account and
paid using CO8-A84 -Added Erosion/Watet‘Pollution Control related to PSE Conduit Conflict.
These itettts will cover all direct and indirect costs incurred by the cotttt'aetot'to resolve the conflictbenreen the
existittg PSE conduit and the propo.\'etl 24"Storm Sewer Pipe hetweett CB#l4 and CB#6l,to revise the schedule and
planned crew or the work,and the added work to provide additional erosion control.
AGENDA ITEM #7. d)
CityofRent0n
CHANGE ORDER No.8
Resolution of Conflict between [‘SE('.o111luit and Proposed IIDPE Pipe
Page 2 of8
Sections 1-04.-I and 1-045 of the 2016 Staiidard Specilicatioiis shall govern tl1e issuance of this Change Order.
The work of this contract is herein modilied to i11cl11dethe change detailed below.Additional or deleted
quantities for existing and new items shall constitute the complete and ?nal settlement for all costs oflabor,
material,equipment,overhead,pro?t,permit fees,damages (whether direct or indirect),and all other claims by
the contractor as a result of this change.
Conditions:This work shall be performed 111accordance with the provisions herein,the contract speci?cations,
plans,and details as applicable.The rights of the "Owner"are not prejudiced.All claims against the ‘‘Owner'‘
which are incidental or as a consequence of this change are waived.
1\lliASURE1\lE1\'T AND PAYMENT:Estiniate and Lump Sum
CO.\"l'R.\CT DAYS ADDED FOR CII.-\.\'GI€ORDER:Q
schedule No
1 Original Contract Current Contract Amount This
E
Contract Total
'1 Amount 1 Amount 1_Change Order 1 after Change
SCHEDULEA S 2.611,850.00 S 2,746,811.76 S 3-17,509.67 _S 3,094,321.43
SCHEDULE B $463,973.40 2 519 471,678.39 ___$
_______7-__:l_7_1;6_7_8_.§_
SCHEDULE C S 396.953.93 1 S 397,553.53 5 -3 S 397,553.53
SCHEDULE D 5 $76,130.00 15 580,713.00 5 -,S 580,713.00 "‘M‘_’”“’TDUET0,1 UN11'ITEMS AND
SCHEDULE E $498,942.23 1 $512,824.18 5 -1 $512,824.18 FORCE ACCOUNI‘
SCHEDULE F s 156566.00 1 s 157,016.24 s -1 s 157,016.24 Wu‘
TOTALS 35 4,704.215.56 $4,866,597.10 $5,214,106.77
TOTAL AMOUNT OF THIS CHANGE ORDER 5 347,509.67 *ESTIMATED INCREASE
l’erce11lage of'l'OT.»\L Original Co11tr11L'lAmount:1[)3,.l5‘%,7.39%IIO.8-U’/n
Approval Recnriinieudcd:.»\ppro\'1Il Recolnillended:
PERTE ET,INC.
B)./E
‘
Shawn Shirey.P.E.Dale
Rcsidcm lingineer Project 1\la11z1ger
,INC./1/L 3/£111-1
Datepa,Bail 111+:-.I\¢_l1
Approved:.\ppro\'ed:
CITY QI7,REN'I\‘3'1\
11;Q Z 9 /<9/Z017111
Keith Woolley Date
(7
ob 1111115011.l’.E.
Project 1\r1a11ager Design Eiigineering Supervisor
Approved:.-\ppr(1\'e1l:
Cl Y OF RENTON CITY OF RENTON
2057 B1‘
Gregg Zin1 1 ma .I’.13.Denis Law Dene
Public Works Adniinistrutor Mz1)01'
AGENDA ITEM #7. d)
CityofRenton
CHANGE ORDER No.8
Resolution of Conflict between PSE Conduit and Proposed HDPE Pipe
Date:August 1st,2017 Page 3 of 8
Road Construction Northwest Sunset Lane NE
PO Box 188 Renton #CAG-16-049
Renton.WA 98057
RegistrationNo.RCNW*CN978L6
Item Description Qty Unit ;Price
CONTRACT BID SCHEDULE A
The following changes are made to the Contract:
CO8-A82 Fabricate and Install 24"HDPE bend at PSE Conduit Conflict
1 EST $30,000.00 $30,000.00
C08-A83 Revise Schedule and Revised Work Plan to Continue Work During
Resolution of PSE Conduit Conflict ‘-3 $31 '-509-67 3 311-50957
C08-A84 Added Erosionlwater Pollution Control related to PSE Conduit
conflict EST $6,000.00 $6,000.00
Estimated Total Increase 347,509.67
AGENDA ITEM #7. d)
Change Order #8 Page 4 of 8
cs an .1‘1PE 2-4
SYA 15 LT)ca-326.24‘
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EXISTING 4"PSEWSDEIISGENNGLI6
315 14.5 Er24'so 0‘max __<i<EJ§|3UITS (ISM LY 315
ugxsns95'2f (NE)
IE=Ju5.aI‘2's‘(SE)
1732 LF aurr FUSED 24‘NDPE o s
Elms 50‘2‘.(NW)
5 :51 n 2-4a‘''.12 .50“L K H5 _______.#___.___.,_____
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7 WW
,_______
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__
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_305
24"HDPE
VERTICAL BEND
‘v 1 x
Image taken from plan sheet DP3
AGENDA ITEM #7. d)
CITYOFRENTON
CHANGE ORDER No.8
“Resolution of Conflict PSE Conduit and Proposed HDPE Pipe”
Date:August ist,2017 Page 5 of 8
JUSTIFICATIONS
Road Construction NW,Prime Contractor City of Renton
Sunset Lane NE
PO Box 188
Registration No.RCNW*CN978L6
1)Why is this change order being written?(Describe)
This change order is being written to resolve the conflict between the proposed
24"Storm Sewer Pipe between CB#14 and CB#61 and the existing PSE Conduits
which could not be moved.
2)What did the plans and specifications require?
The plans and specifications required the contractor to install a 24"Storm Sewer
Pipe between CB#l 4 and CB#6l.The plans do not identify any conflicts with this
proposed pipe.The specifications require the contractor to complete this work
as part of the allowed 220 working days.
3)Why won't the current plans work?
The current plans won’t work because two PSE Conduits were in conflict with the
proposed 24"Storm Sewer Pipe between CB#l 4 and CB#6l.The current
specifications won't work because the 220 working days allowed in the contract
do not account for the time that the contractor was delayed due the inability to
install the 24"Storm Sewer Pipe between CB#l 4 and CB#6l as they planned on
their approved critical path schedule.This delay was partially caused by pushing
the critical path work and partially caused by the increased durations of
activities clue to inability to use two crews as was originally planned.
AGENDA ITEM #7. d)
JUSTIFICATIONS Page 6 of 8
4)Which items will be added by this Change Order?
CO8-A82 —Fabricate and Install 24"HDPE bend at PSE Conduit Conflict-
Schedule A
CO8—A83 —Revise Schedule and Revised Work Plan to Continue Work During
Resolution of PSE Conduit Conflict —Schedule A
CO8-A84 —Added Erosion/Water Pollution Control related to PSE Conduit
Conflict -Schedule A
5)Which items will be affected by this Change Order?(Include increased or
decreased plan quantities)
CO8-A82 -Fabricate and Install 24"HDPE bend at PSE Conduit Conflict -
Schedule A
CO8—A83 —Revise Schedule and Revised Work Plan to Continue Work During
Resolution of PSE Conduit Conflict —Schedule A
CO8-A84 —Added Erosion/Water Pollution Control related to PSE Conduit
Conflict -Schedule A
6)What does this change order accomplish?
This change order accomplishes the revision of the plans to resolve the conflict
between the proposed 24"Storm Sewer between CB#l 4 and CB#6l and creates
an item to compensate the contractor for the extra work to route the 24"HDPE
under the existing conduits.This change order accomplishes the revision of the
contract by adding 54 working days to the contract and by creating an item to
compensate the contractor for the added equipment standby time and the
added project overhead.This change order creates an item to compensate the
contractor for the added Erosion/Water pollution control related to the PSE
Conduit Conflict.
7)(A)How does this change order solve the problem?
This change order solves the problem that is the conflict between the
proposed 24"storm sewer pipe between CB#l 4 and CB#6i by providing
AGENDA ITEM #7. d)
Page 7 of 8
an added sheet which details the installation of a HDPE bend below the
PSE Conduits connecting the HDPE pipe to the catch basin and by creating
an item to compensate the contractor for this work.
This change order solves the problem that is the insufficient amount of
working days to achieve physical completion due to delays.These delays
were a result of delays to the critical path work and extensions to activity
durations due to the inability to use two crews.These delays were caused
by the inability to install the 24"Storm Sewer Pipe between CB#l 4 and
CB#6i .This change order solves the problem by revising the contract to
add 54 working days to the contract and by creating an item to
compensate the contractor for the added equipment standby time and the
added project overhead.
This change order solves the problem that is the lack of an item to track
erosion/water pollution control work done as a direct result of the conflict
between the PSE Conduits and the Proposed HDPE Pipe by creating an item
to compensate the contractor for this work.
(B)What is it you are asking the Contractor to do?
We are asking the contractor to furnish and install a HDPE bend to route
the 24"HDPE pipe under the PSE conduits.We are now asking the
contractor to achieve physical completion within 274 working days.We are
asking the contractor to perform Erosion/Water Pollution Control for the
newly installed pipe that could not be connected due to the conflict with
the PSE conduits and for the area that could not be backfilled clue to the
conflict with the PSE conduits.
8)What new materials (if any)will be incorporated into this change order?
None.
AGENDA ITEM #7. d)
JUSTIFICATIONS Page 8 of 8
9)Are you requiring the Contractor to use a speci?c procedure to do this work?
If so please explain the procedure in as much detail as possible.
We are requiring the contractor to create a bend out of HDPE pipe,connect the
bend to the HDPE pipe,and then connect the bend to the catch basin.
10)which units will you be using for this C.O.?(square foot,square yard,cubic
yard,ton,Force Account etc.)List the item and how it will be paid.
CO8—A82 —Fabricate and Install 24"HDPE bend at PSE Conduit Conflict -
Schedule A —Estimate
CO8—A83 —Revise Schedule and Revised Work Plan to Continue Work During
Resolution of PSE Conduit Conflict -Schedule A -Lump Sum
CO8-A84 —Added Erosion/Water Pollution Control related to PSE Conduit
Conflict —Schedule A —Estimate
1 1)Will working days be affected by this change order?
YES_x_NO
If YES state the number of days that will be affected by this change order:
?DAY.Justification(How was contractor's critical path affected?)
The contractors critical path was affected by the conflict between the existing
PSE conduit and the proposed 24"HDPE pipe.This delayed other work which
was to be completed after the proposed HDPE pipe installation.This also
extended durations of some activities because it limited the amount of work the
contractor could perform and thereby prevented the contractor from running
two crews as was originally planned for in the approved critical path schedule.
12)Will we need an updated Progress Schedule from the Contractor to show the
impact of the additional work resulting from this C.O.?
Yes X No
AGENDA ITEM #7. d)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ANNEXING CERTAIN
TERRITORY TO THE CITY OF RENTON (TIM D ANNEXATION; FILE NO. A‐16‐002).
WHEREAS, under the provisions of RCW 35A.14.120, as amended, a written petition for
annexation was presented and filed with the City Clerk on or about October 27, 2016; and
WHEREAS, prior to the filing and circulation of the petition for annexation to the City of
Renton, pursuant to RCW 35A.14.120, the petitioning parties, comprised of property owners of
not less than ten percent (10%) in value, according to the assessed valuation for general taxation
of the area to be annexed, notified the City Council of their intention to commence the direct
petition for annexation proceedings; and
WHEREAS, after a public hearing, it was determined that the petitioning owners agreed
to accept that portion of the City's Comprehensive Plan as it pertains to the territory including
the applicable Zoning Code relating thereto; and
WHEREAS, the King County Department of Assessments examined and verified the
signatures on the petition for annexation on or about November 29, 2016, and determined that
the signatures represent at least sixty percent (60%) of the assessed value (excluding streets) of
the area to be annexed, as required by RCW 35A.14.120; and
WHEREAS, the Department of Community and Economic Development of the City of
Renton considered and recommended that the City of Renton annex the property; and
AGENDA ITEM # 9. a)
ORDINANCE NO. _______
2
WHEREAS, consistent with RCW 35A.14.130, the City Council set February 27, 2017, in
the City Council Chambers, City Hall, as the time and place for a public hearing on the petition
with notice as required by law; and
WHEREAS, pursuant to the notice, the public hearing was held at the time and place
specified, and the City Council considered all matters in connection with the petition and
determined that all legal requirements and procedures applicable to the RCW 35A.14.120
petition method for annexation have been met; and
WHEREAS, a "Notice of Intention," including all required information for review of the
annexation, was transmitted to the King County Boundary Review Board and approved as of June
8, 2017;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION I. The findings, recitals, and determinations are hereby found to be true and
correct in all respects. All requirements of the law in regard to the annexation by petition
method, including the provisions of RCW 35A.14.120, .130, .140, and .150 have been met. It is
further determined that the petition for annexation to the City of Renton of the property and
territory described below is hereby approved and granted; the following described property
being contiguous to the city limits of the City of Renton is hereby annexed to the City of Renton,
and such annexation to be effective on and after the approval, passage, and thirty (30) days after
publication of this ordinance; and on and after said date the property shall constitute a part of
AGENDA ITEM # 9. a)
ORDINANCE NO. _______
3
the City of Renton and shall be subject to all its laws and ordinances then and thereafter in force
and effect; the property being described as follows:
See Exhibit “A” attached hereto and made a part hereof as if fully set forth herein
[The property, approximately 2.7‐acres, of which the southern and western
boundaries are coterminous with existing City limits. The southern boundary is
located near Northeast 25th Street and the western boundary is near Lynnwood
Avenue Northeast. Parcel lines near 124th Avenue Southeast comprise the eastern
boundary. Parcel lines near Northeast 26th Court comprise the northern
boundary.]
and the owners of the property within the annexation shall be subject to the City's
Comprehensive Plan and Zoning Code.
SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30)
days after publication of a summary of this ordinance in the City’s official newspaper. The
summary shall consist of this ordinance’s title.
A certified copy of this Ordinance shall be filed with the King County Council, State of
Washington, and as otherwise provided by law.
PASSED BY THE CITY COUNCIL this _______ day of _____________________, 2017.
Jason Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
AGENDA ITEM # 9. a)
ORDINANCE NO. _______
4
Approved as to form:
Shane Maloney, City Attorney
Date of Publication:
ORD:1979:7/17/17:scr
AGENDA ITEM # 9. a)
Tim D.
Legal Description
That partion of the Northeast Quarter af the Northwest Quarter of Sectian 4,Township 23 North, Range
5 East, Willamette Meridian, in King County, Washington bounded by the following:
Bounded on the north by the plat of Paradise Estates, attording to Volume 95 of Plats, Page 093;
Alsa baunded on the north by the plat of Paradise Estates No. 2, according ta Volume 102 of Plats, Page
031;
Also bounded on the easi by the plat of Western Hills, according ta Valume 81 oF Plats, Pages 004 and
005;
Alsa bounded on the south by city limits as annexed by City of Renton Ordinance#4095;
Alsa baunded on the west by city limits as annexed by City of Rentan Qrdinance#4337;
EXCEP'f the East 142.82 feet of the South 96 feet of the North 670.75 feet af the Northeast Quarter of
the Northwest Quarter of said section.
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AGENDA ITEM # 9. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE
ZONING CLASSIFICATION OF CERTAIN PROPERTY ANNEXED WITHIN THE CITY OF
RENTON FROM R‐4 (URBAN RESIDENTIAL 4 DWELLING UNITS PER ACRE, KING
COUNTY ZONING) TO R‐4 (RESIDENTIAL 4 DU/AC; FOUR DWELLING UNITS PER
ACRE, CITY OF RENTON ZONING) (TIM D ANNEXATION, FILE NO. A‐16‐002).
WHEREAS, under Section 4‐2‐020 of Chapter 2, Zoning Districts – Uses and Standards, of
Title IV (Development Regulations) of the Renton Municipal code, as amended, and the maps and
reports adopted in conjunction therewith, the property hereinbelow described has not been
zoned in the City of Renton; and
WHEREAS, property owners petitioned the City of Renton for annexation and concurrent
rezoning, which annexation having previously been approved and ordinance adopted which will
annex the property to the City of Renton, and the City having held two public hearings in the
matter of zoning, the first hearing being held on February 27, 2017, and the second hearing being
held on August 21, 2017, and the zoning being in conformity with the City's Comprehensive Plan,
as amended, and the City Council duly considered all matters relevant thereto, and all parties
were heard appearing in support or in opposition;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION I. The following described property in the City of Renton is hereby zoned to
R‐4. The annual ordinance adopting the maps of the City’s zoning ordinance is hereby amended
to evidence the rezoning and the Administrator of the Community and Economic Development
AGENDA ITEM # 9. b)
ORDINANCE NO. _______
2
Department is hereby authorized and directed to change the maps of the zoning ordinance, as
amended, to evidence the rezoning, to wit:
See Exhibit “A” attached hereto and made a part hereof as if fully set forth herein.
The property, approximately 2.7‐acres, of which the southern and western
boundaries are coterminous with existing City limits. The southern boundary is
located near Northeast 25th Street and the western boundary is near Lynnwood
Avenue Northeast. Parcel lines near 124t h Avenue Southeast comprise the eastern
boundary. Parcel lines near Northeast 26th Court comprise the northern
boundary.]
SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30)
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 _____________________, 2017.
Jason Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
AGENDA ITEM # 9. b)
ORDINANCE NO. _______
3
Approved as to form:
Shane Maloney, City Attorney
Date of Publication:
ORD:1980:7/7/17:scr
AGENDA ITEM # 9. b)
Tim D.
Legal Description
That partion of the Northeast Quarter af the Northwest Quarter of Sectian 4,Township 23 North, Range
5 East, Willamette Meridian, in King County, Washington bounded by the following:
Bounded on the north by the plat of Paradise Estates, attording to Volume 95 of Plats, Page 093;
Alsa baunded on the north by the plat of Paradise Estates No. 2, according ta Volume 102 of Plats, Page
031;
Also bounded on the easi by the plat of Western Hills, according ta Valume 81 oF Plats, Pages 004 and
005;
Alsa bounded on the south by city limits as annexed by City of Renton Ordinance#4095;
Alsa baunded on the west by city limits as annexed by City of Rentan Qrdinance#4337;
EXCEP'f the East 142.82 feet of the South 96 feet of the North 670.75 feet af the Northeast Quarter of
the Northwest Quarter of said section.
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AGENDA ITEM # 9. b)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A SIX‐
FOOT (6’) ALLEY, LOCATED IN THE VICINITY OF STEVENS AVENUE SW AND SW
SUNSET BOULEVARD. (LANGSTON 14, LLC; VAC‐17‐001.)
WHEREAS, a proper petition for vacating a six‐foot (6’) alley as hereinafter more
particularly described was filed with the City Clerk on April 21, 2017, and that petition was
signed by the owners representing more than two‐thirds (2/3) of the property abutting upon
the street or alley to be vacated; and
WHEREAS, the City Council, by Resolution No. 4310, passed on May 22, 2017, set June
12, 2017, at 7:00 p.m., in the City Council Chambers of the City of Renton as the time and place
for a public hearing on this matter; and the City Clerk gave proper notice of this public hearing
as provided by law, and all persons were heard who appeared to testify in favor or in
opposition on this matter, and the City Council considered all information and arguments
presented to it to determine whether the vacation is in the public interest, whether the
property is not required for overall circulation of traffic within the City, and that the requested
vacation is not detrimental to the public health, safety and general welfare; and
WHEREAS, the Administrator of the Department of Community and Economic
Development has considered this petition for vacation, and has found it to be in the public
interest and for the public benefit, and that it is unlikely that injury or damage to any person
or properties will result from this vacation; and
AGENDA ITEM # 9. c)
ORDINANCE NO. ________
2
WHEREAS, on August 7, 2017, the City Council determined that the vacation should be
granted and adopted the recommendation of the Department of Community and Economic
Development to accept compensation at the appraised value of $2,925.00;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. The following described alley, to wit:
(A six‐foot (6’) alley, located in the vicinity of Stevens Avenue SW and SW
Sunset Boulevard.)
See Exhibit A, and depicted in Exhibit B, attached hereto and made a part
hereof as if fully set forth herein, is hereby vacated.
SECTION II. Compensation is hereby set at the appraised value of $2,925.00 for the
six‐foot (6’) alley vacation.
SECTION III. This ordinance shall be in full force and effect five (5) days after
publication of a summary of this ordinance in the City’s official newspaper. The summary shall
consist of this ordinance’s title.
A certified copy of this ordinance shall be filed with the King County Recorder’s Office,
and as otherwise provided by law.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
AGENDA ITEM # 9. c)
ORDINANCE NO. ________
3
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1983:8/10/17:scr
AGENDA ITEM # 9. c)
ORDINANCE NO. ________
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AGENDA ITEM # 9. c)
ORDINANCE NO. ________
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AGENDA ITEM # 9. c)
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CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING RMC
SECTIONS 6‐6‐1, 6‐6‐4, AND 6‐6‐5, REPEALING RMC SECTION 6‐6‐3, AND ADDING
A NEW RMC SECTION 6‐6‐13, “ENFORCEMENT AND PENALTIES,” ALL TO CLARIFY
OWNERS’ RESPONSIBILITY TO CONTROL THEIR ANIMALS, INCLUDING MAKING
ANIMAL OWNERS STRICTLY LIABLE FOR THEIR ANIMALS BEING AT LARGE AND
STRENGTHENING PENALTIES FOR VIOLATIONS; PROVIDING FOR SEVERABILITY
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Renton prioritizes the safety, security, health, and welfare of its
residents, visitors, and animals; and
WHEREAS, animals that are not kept under control by their owners negatively impact the
safety, security, health, and welfare of its residents, visitors, and animals; and
WHEREAS, to protect the safety, security, health and welfare of the City’s residents,
visitors, and animals, this ordinance imposes strict liability for those that fail to control their
animals;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Section 6‐6‐1 of the Renton Municipal Code is amended as follows:
6‐6‐1 UNLAWFUL TO RUN AT LARGE CONTROL OF ANIMALS OFF OWNER
PREMISES:
It shall be unlawful for any horses, cattle or other domestic animals, except for
dogs and cats, to run at large on any street, alley or public place or to trespass
upon any private property within the limits of the City; and it shall be unlawful for
the owner of any such animal or any person who has control of the animal or to
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whom custody of the same has been entrusted, to permit the same to run at large
contrary to the provisions of this Chapter. A violation of this Section shall
constitute a civil infraction punishable by a fine of up to $250, not including costs.
A. Animal at Large: An Owner is in violation of this Section if his or her Animal
is At Large. This subsection does not apply to (a) cats, or (b) dogs in an Off Leash
Dog Park so long as the dog and Owner are in compliance with all other applicable
rules and regulations. If the Animal is a Vicious Animal or has previously been
declared a Dangerous or Potentially Dangerous Dog, the violation is punishable as
a misdemeanor. Other violations of this subsection are punishable as an
infraction.
B. Injury Caused By Animal At Large: An Owner is in violation of this Section
if, while his or her Animal is At Large, the Animal (a) physically injures a person or
domestic animal or (b) causes monetary damage to another person’s real or
personal property. A violation of this subsection is punishable as a misdemeanor.
C. Affirmative Defense: This Section is intended to impose strict liability
upon Owners without requiring the City to prove intent, knowledge, recklessness,
or negligence. However, an Owner may avoid a committed or guilty finding for
violations of this Chapter if the Owner proves as an affirmative defense by a
preponderance of the evidence that he or she took such precautions that were
within his or her control to prevent the violation as would a reasonable person in
the same or similar circumstances knowing what the owner knew or should have
known at the time about the animal’s disposition, past behavior and other
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relevance circumstances. It is not, by itself, an affirmative defense for an Owner
to establish that he or she was not present or that the animal was on a leash at
the time of the violation. Multiple Owners may be charged with violating this
Section for the same occurrence.
SECTION II. Section 6‐6‐3 of the Renton Municipal Code is repealed in its entirety and
shall be marked “Reserved,” as follows:
6‐6‐3 FOWL AT LARGE:[RESERVED]
It shall be unlawful for any person to allow or permit any chicken, pigeon or other
domestic fowl owned or in the custody or control of said person, to run at large in
the City. The number of fowl permitted on a lot shall be consistent with RMC 4‐4‐
010, Standards for Animal Keeping Accessory to Residential/Commercial Uses.
Violations of this Section shall constitute a civil infraction punishable by a fine of
up to two hundred fifty dollars ($250.00), not including costs.
SECTION III. Section 6‐6‐4 of the Renton Municipal Code is amended as follows:
6‐6‐4 DEFINITIONS:
For the purpose of this Chapter the following definitions shall be controlling:
A. ANIMAL: Any nonhuman mammal, bird, reptile or amphibian.
B. ANIMAL CONTROL AUTHORITY: An entity acting alone or in concert with
other local governmental units for enforcement of the animal control laws of the
City, County and State, and the shelter and welfare of animals.
C. ANIMAL CONTROL OFFICER: Any individual employed, contracted with or
appointed by the City for the purpose of aiding in the enforcement of this Chapter
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or any other law or ordinance relating to the licensure of animals, or seizure and
impoundment of animals, and includes any State or local law enforcement officer
or other employee whose duties in whole or in part include assignments that
involve the seizure and impoundment of any animal.
D. AT LARGE: An animal is “At Large” when it is (a) outside a premises owned
or controlled by the animal’s owner and (b) not Under Control.
E. DANGEROUS DOG: Any dog that: (a) inflicts or has inflicted severe injury or
death on a human being without provocation on public or private property, (b)
inflicts or has inflicted severe injury or death on kills a domestic animal without
provocation while the dog is off the owner’s property, (c) has been previously
found to be potentially dangerous because of injury inflicted on a human, the
owner having received notice of such and the dog again aggressively bites, attacks
or endangers the safety of humans, or (d) has been adjudicated as a dangerous
dog elsewhere in this state or any other state.
F. DOMESTIC ANIMAL: An animal that is lawfully owned or harbored by a
person.
G. OFF‐LEASH DOG PARK: A specifically designated area within the confines
of a City‐owned public park which allows dogs to run or roam without being
leashed, as long as their owner, handler or custodian is nearby within the park
premises.
H. OWNER: Any person or legal entity who (a) harbors, keeps, causes or
permits an animal to be harbored or kept, (b) has an animal in his/her possession
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or custody, (c) permits an animal to remain on or about his/her premises, or (d)
who has legal title to an animal., firm, corporation, organization or department
possessing, harboring, keeping, having an interest in or having control or custody
of an animal.
I. POTENTIALLY DANGEROUS DOG: Any dog that when unprovoked: (a)
inflicts a bite or bites on a human or a domestic animal either on public or private
property, or (b) chases or approaches a person upon the streets, sidewalks or any
public grounds in a menacing fashion or apparent attitude of attack, or any dog
with a known propensity, tendency or disposition to attack unprovoked, to cause
injury, or to cause injury or otherwise to threaten the safety of humans or
domestic animals.
J. PROPER ENCLOSURE OF A DANGEROUS DOG: While on the owner’s
property, a dangerous dog shall be securely confined indoors or in a securely
enclosed and locked pen or structure, suitable to prevent the entry of young
children and designed to prevent the animal from escaping. Such pen or structure
shall have secure sides and a secure top, and shall also provide protection from
the elements for the dog.
K. SEVERE INJURY: Any physical injury that results in broken bones or
disfiguring lacerations requiring multiple sutures or cosmetic surgery.
L. UNDER CONTROL: For an animal to be “under control,” it must be (a)
restrained by leash or other method that effectively restrains the animal from
approaching, chasing, jumping upon, or lunging at any person, moving vehicle, or
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other domestic animal, except as welcomed by invitation or mutual play, (b)
restrained from entering private property or public property where such animal is
not authorized, and (c) restrained from causing damage or injury to property,
other animals, and/or persons.
M. VICIOUS ANIMAL: An animal other than a , including but not limited to a
dog that displays, that the Owner knows or should know has displayed the
characteristics or propensity to do an act that, if left At Large, might endanger the
safety of a person, animal, or property of another, including but not limited to a
disposition to mischief or fierceness as might occasionally lead to attack on human
beings or other animals without provocation, whether in play or an outbreak of
an untrained nature.
SECTION IV. Section 6‐6‐5 of the Renton Municipal Code is amended as follows:
6‐6‐5 DOGS AT LARGE; REQUIREMENT OF LEASH OR CHAIN ADDITIONAL
VIOLATIONS:
It shall be a violation of this Chapter for any Owner:
A. It shall be unlawful for any owner or custodian to cause, permit or allow
any dog owned, harbored, controlled or kept by him in the City to roam, run or
stray away from the premises where the same is owned, harbored, controlled or
kept, except that while away from said premises such dog shall at all times be
controlled by means of a leash or chain not exceeding eight feet (8') in length by
the owner or some duly authorized and competent person, or is at heel of such
owner or custodian, such control to be exercised by such owner or custodian or
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other competent authorized person. “At heel” shall mean that the dog shall be
immediately at the owner’s or custodian’s heel; provided, however, that such
leash or chain is not required for any dog when otherwise safely and securely
confined or completely controlled while in or upon any vehicle. Furthermore, this
section shall not apply to dogs which are in special areas designated by the City as
dog training areas and/or designated off‐leash parks, and as long as the
regulations of the City, or its authorized representative, with respect to the use of
such areas are complied with and said dogs are under the custody and control of
a competent trainer. A violation of this Subsection shall constitute a civil infraction
punishable by a fine of up to $250, not including costs.
B. It shall further be unlawful for any owner or custodian:
1. To suffer or permit any animal, reptile or fowl to trespass upon private
or public property so as to damage, disturb, injure, destroy or soil any property or
thing of value. A violation of this Subsection shall constitute a civil infraction
punishable by a fine of up to $250, not including costs.
2. To permit a dog to run at large within the City at any time without a
license as provided in Chapter 5‐4 RMC. A violation of this Subsection shall
constitute a civil infraction punishable by a fine of up to $250, not including costs.
3. To permit any animal, whether licensed or not, to run at large in any
public park (other than a specifically designated off‐leash area of a public park),
public beach, pond, fountain, stream, public playground, school ground or any
other public facility permitting swimming and/or boating activities; provided,
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however, that this section shall not prohibit a person from walking or exercising a
dog in a public area, except on any public beach, pond, stream or similar facility
which permits swimming and/or boating activities, when such dog is on a leash or
otherwise under the immediate control of its owner or custodian and proper
safeguards are taken to protect the public and property from injury or damage
from said dog. The Park Director is hereby authorized and directed to post such
areas as hereinabove set forth. A violation of this Subsection shall constitute a civil
infraction punishable by a fine of up to $250, not including costs.
4. To permit any animal to enter any place where food is stored,
prepared, served or sold to the public or any other public building or hall;
provided, however, that this Subsection shall not apply to service dogs, blind
persons using a trained seeing eye dog, veterinary offices or hospitals, or to animal
shows or exhibitions where at least twenty four (24) hours’ advance notice has
been given to the agency designated herein to enforce the provisions of this
Chapter. A violation of this Subsection shall constitute a civil infraction punishable
by a fine of up to $250, not including costs.
5. To permit any female dog, whether licensed or not, to run at large
while in heat. A female dog will be prohibited from entering any designated off‐
leash area of a public park during the period in which the dog is in heat. A violation
of this Subsection shall constitute a civil infraction punishable by a fine of up to
$250, not including costs.
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6. To permit any dog to chase, run after or jump at vehicles using the
public streets and alleys. A violation of this Subsection shall constitute a civil
infraction punishable by a fine of up to $250, not including costs.
A. 7. To keep or harbor any dog, cat or other animal or fowl whether licensed
or not, that emits habitual howling, yelping, barking or other frequent, long, or
continued noise that would disturb a reasonable person. The first or second
violation of this Subsection shall constitute a civil infraction punishable by a fine
of up to $250, not including costs. Any subsequent violation of this Subsection
shall constitute a misdemeanor in accordance with RCW 9A.20.021(3), as now or
hereafter amended.
B. 8. To keep, harbor or maintain any dangerous dog, potentially dangerous
dog, or vicious animal in a manner which may or does endanger the safety, health
and well being of persons or the safety of property being or located off the
owner’s or custodian’s premises or lawfully on said premises. A violation of this
Subsection shall constitute a misdemeanor in accordance with RCW 9A.20.021(3),
as now or hereafter amended.
9. To allow a dangerous dog, potentially dangerous dog, or vicious animal
to run at large at any time, or allow such dog or animal off the owner’s or
custodian’s premises unless securely leashed and in the control of a person of
suitable age and discretion to control and/or restrain such dog or animal at all
times. A violation of this Subsection shall constitute a misdemeanor in accordance
with RCW 9A.20.021(3), as now or hereafter amended.
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C. Any dog doing or performing any of the acts prohibited in this Section is
hereby declared to be a public nuisance and such animal may be seized and
impounded by the City’s Animal Control Officer, or its duly designated
representative.
D. This Section shall not apply to police animals while being exhibited,
exercised or used in discharging or attempting to discharge any lawful duty or
function or power of office, by any bona fide officer or representative of such
officer, or any police agency.
SECTION V. Chapter 6‐6 of the Renton Municipal Code is amended to add a new
section 6‐6‐13, to read as follows:
6‐6‐13 ENFORCEMENT AND PENALTIES:
A. Public Nuisance: All violations of this Chapter are declared a public
nuisance and may, in addition to penalties provided herein, be enforced as a code
violation under the authority of Chapter 1‐3 of the Renton Municipal Code. The
code compliance inspector has authority to order the owner of any animal to take
steps necessary and appropriate to abate the nuisance and prevent any continuing
or repeated violations of this Chapter.
B. Penalties: Except as otherwise specified, any violation of this chapter shall
be punishable as a civil infraction. Violations identified herein to be misdemeanors
are punishable as provided in RMC 1‐3‐1.
C. Police Animals Exempt: This Chapter shall not apply to police animals
while being exhibited, exercised or used in discharging or attempting to discharge
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any lawful duty or function or power of office, by any bona fide officer or
representative of such officer, or any police agency.
SECTION VI. 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.
SECTION VII. This ordinance shall be in full force and effect thirty (30) 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 ___________________, 2017.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1981:8/9/17:scr
AGENDA ITEM # 9. d)