HomeMy WebLinkAboutFinal Agenda Packet
AGENDA
City Council Regular Meeting
7:00 PM - Monday, November 6, 2017
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. ROLL CALL
3. PROCLAMATION
a) DECA Month & Lindbergh and Renton DECA Promotional Month - November 2017
4. ADMINISTRATIVE REPORT
5. 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.
6. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and
the recommended actions will be accepted in a single motion. Any item may be removed for
further discussion if requested by a Councilmember.
a) Approval of Council Meeting minutes of October 23, 2017.
Council Concur
b) AB - 2023 Mayor Law approves the request to proceed with nomination of the Cortona
Building (old Woolworth building) for designation as a Landmark by King County
Landmarks Commission, and appoints Liz Stewart, Renton History Museum Manager, as a
special member from the City of Renton to serve on the King County Landmarks
Commission for a three-year term.
Refer to Planning & Development Committee
c) AB - 2018 City Clerk submits the quarterly list of fully executed contracts between
7/1/2017 - 9/30/2017, and a report of agreements expiring between 10/1/2017 –
3/31/2018.
None; Information Only
d) AB - 2021 City Clerk recommends granting preliminary approval of the Renton Commons
latecomer's agreement (File No. LA-17-002) for a two-year period for a water main
extension benefiting other parties located at 215 Whitworth Ave. S, and authorize staff to
forward the preliminary assessment roll to the City Clerk for notification of affected
property owners.
Refer to Utilities Committee
e) AB - 2019 Community Services Department requests approval to waive $150 in fees for
parking garage passes for volunteers working the Piazza Renton Tree Lighting event
occurring on November 25, 2017.
Refer to Finance Committee
f) AB - 2010 Human Resources / Risk Management Department recommends approval of
the 2018 Healthcare Management Administrator's (HMA) Fee Schedule for medical,
dental and prescription claims by HMA and Envision Rx.
Refer to Finance Committee
g) AB - 2011 Human Resources / Risk Management Department recommends approval of
the 2018 Kaiser Permanente (formerly Group Health) plan for active employees and
LEOFF 1 retirees.
Refer to Finance Committee
h) AB - 2020 Human Resources / Risk Management Department recommends approval of
the reclassification and salary adjustments of the following positions: two Program
Specialists (a13) to Senior Program Specialists (a15); Chief Prosecuting Attorney (m35) to
Chief Prosecuting Attorney (m38); effective January 1, 2018. Funds to implement these
recommendations are available within the Public Works and Legal Departments' 2018
budgets.
Refer to Finance Committee
i) AB - 1963 Police Department recommends approval of an amendment to Renton
Municipal Code 10-5, Impoundment and Redemption of Vehicles, to reassign post-
impoundment jurisdiction from the City Hearing Examiner to the Renton Municipal Court.
Refer to Public Safety Committee
j) AB - 2016 Police Department requests authorization of a department reorganization that
eliminates a Police Commander position and adds a second Deputy Chief position. The
fiscal impact is approximately $10,000 per year and will be absorbed by the department's
existing budget, effective January 1, 2018.
Refer to Public Safety Committee
k) AB - 2017 Police Department requests authorization to implement a $500 bonus program
for non-commissioned employees who successfully recruit either lateral police officers or
experienced non-commissioned staff, effective November 13, 2017.
Refer to Public Safety Committee
l) AB - 2022 Utility Systems Division submits CAG-16-196, Renton Highlands Sewer &
Manhole Rehabilitation Phase I project, contractor Insituform Technologies, LLC; and
requests acceptance of the project and approval to release the retainage in the amount of
$56,426.90 after 60 days, subject to the receipt of all required authorizations.
Council Concur
m) AB - 2025 Utility Systems Division recommends adopting an ordinance amending RMC 4-
6-030 and 4-6-100 to clarify existing provisions for the prohibition of illicit discharges into
the City's storm system.
Refer to Planning Commission and Planning & Development Committee
n) AB - 2026 Utility Systems Division recommends approval of a Water Quality Stormwater
Capacity 1719 Agreement, with the Washington State Department of Ecology, to accept
up to $50,000 in non-matching grant funds to assist with the implementation of the
requirements associated with the Western Washington Phase II Municipal Stormwater
Permit.
Refer to Utilities Committee
7. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Committee of the Whole: Mid-biennial Budget Deliberation (Property Tax* & Budget*)
b) Planning & Development Committee: Renton Fire Authority Impact Fees*; Adoption of
2017 School District Capital Facility Plans*
c) Transportation (Aviation) Committee: Rainier Ave. S. Additional Design Supplemental
Agreement with KPG.
d) Utilities Committee: Flood Reduction Grant Funds Award - Madsen Creek, Partial
Release of Easement from Strada Da Valle, LLC., XO Communications Services Franchise
Agreement*
8. LEGISLATION
Resolution:
a) Resolution No. 4321: Adoption of 2017 School Districts' Capital Facility Plans (See Item
7.b)
Ordinances for first reading:
b) Ordinance No. 5862: XO Communications Services Franchise Agreement (See Item 7.d)
c) Ordinance No. 5863: Establishing 2018 Property Tax (See Item 7.a)
d) Ordinance No. 5864: Mid-Biennial Budget Amendment (See Item 7.a)
Option A: No PD Take Home Cars
Option B: 2 year PD Take Home Cars
Option C: 3 year PD Take Home Cars
e) Ordinance No. 5865: Amending RMC 4-1-190 Fire Protection Impact Fees (See Item 7.b)
9. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
a) Elect Council President and Pro Tem; Identify Committee on Committees Members
10. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
5:00 p.m. - 7th Floor - Council Chambers
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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October 23, 2017 REGULAR COUNCIL MEETING MINUTES
MINUTES
City Council Regular Meeting
7:00 PM - Monday, October 23, 2017
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Pro Tem Pavone 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, Mayor Pro Tem
Randy Corman
Ryan McIrvin
Ruth Pérez
Don Persson
Ed Prince, Council President Pro Tem
Councilmembers Absent:
Carol Ann Witschi
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT
COUNCILMEMBER CAROL ANN WITSCHI. CARRIED.
ADMINISTRATIVE STAFF PRESENT
Preeti Shridhar, Deputy Public Affairs Administrator
Alex Tuttle, Assistant City Attorney
Megan Gregor, Deputy City Clerk
Ellen Bradley-Mak, Human Resources and Risk Management Administrator
Chip Vincent, Community & Economic Development Administrator
Gregg Zimmerman, Public Works Administrator
Jan Hawn, Administrative Services Administrator
Deborah Needham, Emergency Management Director
Jim Seitz, Transportation Systems Director
Jamie Thomas, Fiscal Services Director
Vicki Grover, Transportation Planning Manager
Mindi Mattson, Emergency Management Coordinator
Community Program Coordinator Stephanie Hynes, Police Department
Commander Dan Figaro, Police Department
AGENDA ITEM #6. a)
October 23, 2017 REGULAR COUNCIL MEETING MINUTES
PROCLAMATION
a) Red Ribbon Week - October 23 - 31, 2017: A proclamation by Mayor Law was read declaring
October 23 - 31, 2017 to be "Red Ribbon Week" in the City of Renton encouraging all citizens
to join in participating in drug prevention education activities, making a visible statement of a
strong commitment to a drug-free city. Stephanie Hynes, Renton Police Department,
accepted the proclamation.
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADOPT THE
PROCLAMATION AS READ. CARRIED.
PUBLIC HEARING
a) 2017-2018 Mid-Biennial Budget: This being the date set and proper notices having been
posted and published in accordance with local and State laws, Mayor Pro Tem Pavone opened
the public hearing to consider the 2017/2018 Mid-Biennial Budget Adjustment and related
legislation. Fiscal Services Director Jamie Thomas reported that the City’s mid-biennial budget
adjustment incorporates:
Updates to General Fund revenue projections with changed conditions.
Housekeeping adjustments to incorporate prior Council actions.
Service change proposals to reflect business activity and Council priorities
Additionally, to reflect the above changes, Ms. Thomas reported that Council will need to set
a property tax levy for 2018, adopt the budget adjustments, and update the 2018 fee
schedule.
Ms. Thomas further outlined the preliminary 2018 Property Tax Levy projections and
explained adjustments regarding sales tax, utility taxes, development fees, Real Estate Excise
Taxes, and State Shared Revenue. She followed with a summary of the total proposed General
Fund Revenue Adjustments and explained the reasoning behind the requested changes
including staffing changes, contract adjustments/expenses, grant funded expenses,
transportation projects, healthcare insurance premium savings, and a transfer to the Capital
Improvement Fund Property Acquisition. Additionally, budget adjustment requests are being
made regarding non-general fund adjustments to the new family first fund, municipal capital
fund, and to align the budget with the 2017 Transportation Improvement Plan.
Concluding, Ms. Thomas reported that the proposed 2017/2018 Mid-Biennial Budget
adjustment will vary from approximately $11 million to $14 million depending on which
budget option Council ultimately adopts. She added that three different budget options will
be presented at the next Council Meeting. Councilmember Persson requested that Council
receive a report related to the proposed staffing changes and Ms. Thomas agreed to provide
that information as soon as possible.
There being no further discussion, it was
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL CONCUR TO CLOSE THE
PUBLIC HEARING. CARRIED.
AGENDA ITEM #6. a)
October 23, 2017 REGULAR COUNCIL MEETING MINUTES
b) Comprehensive Emergency Management Plan (CEMP): This being the date set and proper
notices having been posted and published in accordance with local and State laws, Mayor Pro
Tem Pavone opened the public hearing to consider the 2017 Comprehensive Emergency
Management Plan (CEMP). Emergency Management Coordinator Mindi Mattson reported
that adoption of a City Comprehensive Emergency Management Plan is required in order to
receive Emergency Management Performance Grant funds from the Washington State
Military Department each year. She explained that the funds are vital to implementing the
City's emergency management program.
Ms. Mattson reported that the CEMP must be updated every five years and was last approved
for 2012. She stated that every City department has had a part in updating the plan, and that
one improvement was incorporating feedback received from outside agencies. Ms. Mattson
reviewed the structure of the plan and outlined the minor revisions, which included the
Regional Fire Authority separation, refinement of supporting agencies, addition of terms,
definitions and acronyms, and references to local and regional emergency management
plans. She also noted that a new cyber incident annex portion was added to the plan.
Concluding, Ms. Mattson requested that the resolution adopting the plan be presented for
reading and adoption.
There being no further discussion, it was
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL CONCUR TO CLOSE THE
PUBLIC HEARING. CARRIED.
c) Revised 2018 - 2023 Transportation Improvement Program (TIP): This being the date set and
proper notices having been posted and published in accordance with local and State laws,
Mayor Pro Tem Pavone opened the public hearing to consider a revision to the annual update
to the Six-Year Transportation Improvement Program (TIP), 2018-2023.
Transportation Planning Manager Vicki Grover provided a brief presentation on the proposed
Valley Medical Center Site project. She stated that new signal and intersection improvements
at Talbot Road S. & S. 177th St. are required for this project to move forward. After outlining
the benefits of these improvements, Ms. Grover concluded the public hearing by stating that
staff is recommending that Council approve the TIP Revision for the Valley Medical Center
Site project and present the resolution for reading and adoption.
There being no further discussion, it was
MOVED BY PÉREZ, SECONDED BY CORMAN, COUNCIL CONCUR TO CLOSE THE
PUBLIC HEARING. CARRIED.
ADMINISTRATIVE REPORT
Deputy Public Affairs Administrator Preeti Shridhar 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:
Inclement Weather Response Reminder: The Public Works Department reminded
residents to help prevent local residential street flooding by monitoring catch basins
near your home and keeping them clear of leaves and other debris. Street sweepers
AGENDA ITEM #6. a)
October 23, 2017 REGULAR COUNCIL MEETING MINUTES
are dispatched daily to clean up debris along major arterials. Also, snow is not far
away. Please remember that during snow and ice events, the department sanders and
snow plows are dispatched to keep major arterials drivable. Visit our website to view
our snow route maps. It is imperative that motorists do not park or abandon their
vehicles within any portion of the traffic lanes. Abandoned vehicles impair snow and
ice removal and impact response of emergency vehicles.
The City is in the process of updating its Bicycle and Trails Master Plan and is
interested in public input. There will be an open house on Tuesday, November 28th
from 5:00 to 8:00 p.m. at the Renton Senior Center, 211 Burnett Avenue North.
The Solid Waste Utility will host its third and final free Eco Film Series event by
exploring food waste at Carco Theatre, 1717 Maple Valley Highway on Thursday,
November 16th at 6:00 p.m. At 7:30 p.m., Chef Thierry Rautureau of Seattle’s Loulay
and Luc restaurants will share his tips and tricks in reducing food waste.
Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
AUDIENCE COMMENTS
Diane Dobson, Renton, recognized the neighbors of North Renton for their efforts to
make the City more presentable for the Multicultural Festival. Additionally, she
shared concerns related to a property at the corner of 2nd Ave and Rainier Ave in the
Downtown Civic Core area. She also shared concerns related to a "no occupancy"
house located near Dimmitt Middle School and other homeless encampments
throughout the City and requested that Council and the City address the perceived
homelessness problems.
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing. At the request
of Councilmember Persson, Consent Agenda item 7.h. was pulled for separate consideration.
a) Approval of Council Meeting minutes of October 16, 2017. Council Concur.
b) AB - 2007 Mayor Law reappointed Kimberly Unti to the Library Advisory Board for a term
expiring September 1, 2022. Council Concur.
c) AB - 2013 Community & Economic Development Department recommended approval of a
partial release of utility easement to allow for utilities to be relocated as part of the U.S. Bank
expansion project located at 2500 East Valley Rd. Refer to Utilities Committee.
d) AB - 2014 Community & Economic Development Department recommended approval of a
franchise agreement with XO Communications as a purveyor of broadband
telecommunications services within the City of Renton. Refer to Utilities Committee.
e) AB - 2015 Community & Economic Development Department recommended adopting the
2017 Issaquah School District Capital Facilities Plan, the 2017 Renton School District Capital
Facilities Plan, and the 2017/2018 - 2022/2023 Kent School District Capital Facilities Plan; and
update the City of Renton Fee Schedule to reflect the school districts' revised impact fees.
Refer to Planning & Development Committee.
AGENDA ITEM #6. a)
October 23, 2017 REGULAR COUNCIL MEETING MINUTES
f) AB - 2004 Transportation Systems Division recommended approval of Supplemental
Agreement No. 2 to CAG-15-089, contractor KPG, P.S., in the amount of $712,344.34, for
additional design work for the Rainier Ave S - Phase 4 (S 3rd St to NW 3rd Pl) project. Refer to
Transportation (Aviation) Committee.
g) AB - 2005 Transportation Systems Division submitted CAG-16-035, 116th Ave SE Sidewalk
project, contractor Kamins Construction, Inc., and requested acceptance of the project, and
approval to release the contract bond, subject to receipt of all required authorizations.
Council Concur.
I) AB - 2006 Utility Systems Division submitted CAG-15-148, Maplewood Creek Stormwater
Outfall Improvement project, contractor Olson Brothers Excavating, Inc., and requested
acceptance of the project, and release of retainage after 60 days, subject to receiving
required authorizations. Council Concur.
j) AB - 2008 Utility Systems Division recommended approval of an agreement with King County
Flood Control District, to accept $472,000 in grant funds for the Madsen Creek Improvement
Project Phase I; and to transfer $48,800 from the 2017 Surface Water Utility Capital
Improvement Program for Small Drainage Problems to the Madsen Creek Improvement
Project budget to cover required City grant matching funds. Refer to Utilities Committee.
MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE THE
CONSENT AGENDA, MINUS ITEM 7.h. CARRIED.
ITEM 7.h. - SEPARATE CONSIDERATION
h) AB - 2009 Transportation Systems Division recommended hiring a Civil Engineer III at salary
grade a28, Step E. Refer to Finance Committee. Council Concur.
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL APPROVE ITEM 7.h. AS
COUNCIL CONCUR. CARRIED.
UNFINISHED BUSINESS
a) Committee of the Whole: Council President Pro Tem Prince presented a report concurring in the
staff recommendation to adopt the revised Comprehensive Emergency Management Plan. The
Committee further recommended the resolution regarding this matter be presented for
adoption.
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
b) Finance Committee: Chair Don Persson presented a report concurring in the staff
recommendation to authorize the Mayor and City Clerk to execute a 2-year agreement with the
Washington State Department of Transportation for performance of the Transportation Demand
Management Implementation Agreement with a cost reimbursement to the city of $81,272. This
grant extends over the city’s 2017-2018 biennium budget and the 2019 budget. The grant is
currently reflected in the 2017-2018 biennium budget and will be included as part of the 2019-
2020 biennium budget.
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
AGENDA ITEM #6. a)
October 23, 2017 REGULAR COUNCIL MEETING MINUTES
c) Transportation (Aviation) Committee: Chair Pérez presented a report concurring in the staff
recommendation to approve the revision to the 2018-2023 Six-Year Transportation Improvement
Program to include signalization and related roadway improvements at Talbot Road South and
South 177th Street. The Committee further recommended that the Resolution regarding this
matter be presented for reading and adoption.
MOVED BY PÉREZ, SECONDED BY PERSSON, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
LEGISLATION
Resolutions:
a) Resolution No. 4319: a resolution was read adopting the City of Renton Comprehensive
Emergency Management Plan.
MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL ADOPT THE RESOLUTION
AS READ. CARRIED.
b) Resolution No. 4920: a resolution was read revising Renton's Six-Year Transportation
Improvement Program for 2018 - 2023.
MOVED BY PÉREZ, SECONDED BY PERSSON, COUNCIL ADOPT THE RESOLUTION AS
READ. CARRIED.
Ordinance for second and final reading:
c) Ordinance No. 5861: An ordinance was read amending subsections 5‐5‐2.y, 5‐5‐3.a, 5‐5‐3.c, 5‐
5‐3.e, 5‐5‐3.g.2, 5‐25‐4.d, 5‐25‐10.k, 5‐25‐10.z, 5‐25‐11.c, 5‐25‐11.d, 5‐26‐3.e, 5‐26‐6.a, 5‐26‐
6.d, and 5‐26‐7.f of the Renton Municipal Code to move all businesses to a calendar year
reporting period for business license purposes with a January 31 due date; clarifying
potentially ambiguous language to ensure consistent application of existing business and
operations tax and business license regulations; and providing for severability and
establishing an effective date.
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL: ALL AYES. CARRIED.
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
ADJOURNMENT
MOVED BY PERSSON, SECONDED BY PRINCE, COUNCIL ADJOURN. CARRIED. TIME:
8:00 P.M.
Jason A. Seth, CMC, City Clerk
Megan Gregor, Recorder
Monday, October 23, 2017
AGENDA ITEM #6. a)
Council Committee Meeting Calendar
October 23, 2017
October 26, 2017
Thursday
3:30 PM Utilities Committee, Chair McIrvin – Council Conference Room
1. Flood Reduction Grant Funds Award – Madsen Creek
2. Partial Release of Easement from Strada Da Valle LLC
3. XO Communications Services Franchise Agreement
4. Emerging Issues in Utilities
4:30 PM Planning & Development Committee, Chair Prince – Council Conference Room
1. Renton Fire Authority Impact Fees
2. Adoption of 2017 School District Capital Facility Plans
3. Emerging Issues in CED
October 30, 2017
Monday
NO MEETINGS FIFTH MONDAY
November 6, 2017
Monday
4:30 PM Transportation Committee, Chair Pérez – Council Conference Room
1. Rainier Ave. S Additional Design Supplemental Agreement, KPG
2. Emerging Issues in Transportation
CANCELLED Community Services Committee, Chair Witschi
5:00 PM Committee of the Whole, Chair Pavone – Council Chambers
1. Mid-biennial Budget Deliberation
2. Head Tax/B&O Tax Discussion
AGENDA ITEM #6. a)
AB - 2023
City Council Regular Meeting - 06 Nov 2017
SUBJECT/TITLE: Landmark Designation Nomination - Cortona Building
RECOMMENDED ACTION: Refer to Planning & Development Committee
DEPARTMENT: Executive
STAFF CONTACT: April Alexander, Executive Assistant
EXT.: 6520
FISCAL IMPACT SUMMARY:
None
SUMMARY OF ACTION:
Mayor Law approves the request to proceed with the nomination of the Cortona Building (old Woolworth
building) for designation as a Landmark by King County Landmarks Commission. Also, per Ordinance 5855
(Landmark Preservation Ordinance), Mayor Law appoint s Liz Stewart, Renton History Museum Manager, as a
special member from the City of Renton to serve on King County Landmarks Commission for a three -year
term. Ms. Stewart will be a voting member of the Commission on all matters relating to or affecting land marks
within the city with certain exceptions.
EXHIBITS:
A. Landmark Designation Nomination -Cortona Building Memo
B. Woolworth Landmark Registration Form
C. Woolworth Landmark Photos and Maps
STAFF RECOMMENDATION:
Confirm Mayor Law's request to proceed with the nomination and confirm Mayor Law's appointment of Ms.
Liz Stewart to King County Landmarks Commission as a special member for a three-year term.
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LANDMARK REGISTRATION FORM
F. W. Woolworth Co. Store Landmark Registration Form
Page 1 of 17
PART I: PROPERTY INFORMATION
1. Name of Property
historic name: F. W. WOOLWORTH CO. STORE
other names/site number: Cortona Building
2. Location
street address: 724 South 3rd Street
parcel no(s): 723150-2210
legal description(s): Lots 11 & 12, Block 25, Renton Town Plat
3. Classification
Ownership of Property: Category of Property: Name of related multiple property listing:
private building(s) (Enter “N/A” if property is not part of a
public-local district multiple property listing.)
public-State site
public-Federal structure
object
4. Property Owner(s)
name: Cortona LLC
street: 10232 63rd Ave S
city: Seattle state: WA zip: 98178
5. Form Prepared By
name/title: Adapted from a National Register nomination by Caroline T. Swope, M.S.H.P., Ph.D.
organization: Kingstree Studios date: October 10, 2017
AGENDA ITEM #6. b)
Property Information (continued)
F. W. Woolworth Co. Store Landmark Registration Form
Page 2 of 17
6. Nomination Checklist
Site Map (REQUIRED) Continuation Sheets
Photographs (REQUIRED): please label or
caption photographs and include an index Other (please indicate):
Last Deed of Title: this document can usually be obtained for little or no cost from
a title company
AGENDA ITEM #6. b)
F. W. Woolworth Co. Store Landmark Registration Form
Page 3 of 17
PART II: PHYSICAL DESCRIPTION
7. Alterations
Check the appropriate box if there have been changes to plan, cladding, windows, interior features or other
significant elements. These changes should be described specifically in the narrative section below.
Yes No Plan (i.e. no additions to footprint,
relocation of walls, or roof plan)
Yes No Interior features (woodwork,
finishes, flooring, fixtures)
Yes No Cladding Yes No Other elements
Yes No Windows
Narrative Description
Use the space below to describe the present and original (if known) physical appearance, condition, architectural
characteristics, and the above-noted alterations (use continuation sheet if necessary).
Summary Paragraph
Located at 710 - 724 South 3rd Street in Renton, Washington, the Woolworth’s building sits on the
northwest corner at the intersection of South 3rd Street and Williams Avenue South in the downtown
business district. An alley is located to the west of the building. The building faces south and abuts the
sidewalk on the east and south, and the alley on the west. The north elevation has two main portions,
the portion that is associated with the original footprint of the two-story Woolworth’s and the one-
story portion that originally was an adjoining building. The north wall of the two-story building is a
party wall, while the north wall for the one-story building faces a driveway located off the alley.
The building is roughly L-shaped in massing and has a concrete foundation. Walls are a combination of
poured concrete and concrete block. The south façade is primarily glazing, with stacked courses of
Roman brick framing the fenestration divisions. A narrow coping runs along the edge of the flat roof.
Significant features of the International Style building are the unusual second floor window treatment
(raised framed boxes surrounding grouped windows), simple concrete construction, significant glazing
on the main elevation, and the awning.
Exterior
Originally constructed as two buildings (the original two-story Woolworth’s store to the east in 1954
and a one-story commercial building to the west in 1955) the two buildings were later joined in a
remodel. The western part of the south elevation has one story while the eastern half has two stories.
The lower portion of the building is a curtain wall clad with aluminum framed glass fenestration. From
west to east the fenestration reads as: five plate glass windows, small brick pier, three plate glass
window, large brick pier, two plate glass windows, recessed entry (angled plate glass window and a
pair of double doors flanked by plate glass window), small brick pier, five plate glass window and small
brick pier. A large flat awning runs most of the length of the building. It starts about halfway across
the façade of the one story portion and continues to the Williams Avenue elevation, curving at the
corner and wrapping to the other elevation. A large semicircular hole was cut in the awning to
accommodate a streetlight (c. 1972, now missing). The awning edge cants slightly towards the
building’s foundation, giving a streamlined machine aesthetic to the unit. The wall for the upper
portion of the façade is concrete and has been scored in a rectangular grid pattern. The second floor
of the main building has a large ganged bank of casement windows. The windows are unified with a
AGENDA ITEM #6. b)
Physical Description (continued)
F. W. Woolworth Co. Store Landmark Registration Form
Page 4 of 17
protruding flange that frames all the units. The fenestration pattern is window (a) small concrete panel
(b) window (a) large concrete panel (c) and continues with an “a, b, a, c, a, b, a” pattern. The original
casement style metal windows are all glazed with a textured pebble glass.
The east elevation is entirely two stories. To the far south ¼ of the elevation continues the design
rhythm found on the front of the building, with large glass and aluminum windows on the ground floor
framed by Roman bricks in stack bond pattern, the continuation of the front awning, and the same grid
scored concrete finish on the second floor. The fenestration pattern on the second floor is a, c, a, and
has the same flanged frame around the ganged windows. The rear 3/4 of the elevation is poured
concrete. The textured pattern of the wood boards used for the concrete forms is clearly visible on
this section of the elevation. On the first floor of the elevation there are the visible remnants of three
long horizontal windows, evenly spaced, that have been filled in with concrete block.
The west elevation facing the alley is constructed of concrete block laid in a running bond pattern.
There is no fenestration on this elevation. The wall steps up one row of bricks towards the very north
end of the elevation.
The rear of the building has two elevations: the north elevation and a portion of the west elevation.
The north elevation is constructed of concrete block laid in a common bond. The wall is divided into
three bays, separated by engaged buttresses. The bay farthest to the east does not rise to the same
height as the first two bays. The juncture between the north elevation and the west (back) elevation is
accentuated with a boiler room. This section of the building is constructed from common bond
concrete block and has a small door on the north elevation. The brick boiler chimney runs along the
west elevation of the large two-story building. A contemporary wood fence overlaid with razor wire
prevents access to the top of the boiler room. Only a small portion of the two story building’s west
elevation on the first floor is exposed. A pair of solid metal doors provides access to the back of the
building.
Interior
The main floor of the building has been altered. This level, which includes both the original
Woolworth’s store and the building to the west that was originally used for the Anita store, has a slab
concrete foundation. The wood joist ceiling is held up by steel “I” beams supported by large square
wood posts. Supports along a former party wall with the Anita building are masonry and are covered
in flat plaster. The Anita Shop space ceiling (constructed in 1955) is supported by round metal piers.
A contemporary staircase added to the east wall accesses the second floor. An original staircase is
located on the north/rear wall in a small enclosed room which houses the original conveyor belt
system that transported Woolworth’s merchandise to the second floor. The staircase walls are clad
with sheets of Formica that reach to the dado level. The once covered plaster walls and ceiling are
exposed.
The second floor has a mix of storage and office space. The northern 60% of the space has original
wood floors and has an open floor plan to accommodate a merchandise storage area. Walls are
AGENDA ITEM #6. b)
Physical Description (continued)
F. W. Woolworth Co. Store Landmark Registration Form
Page 5 of 17
exposed concrete and the steel roof beams are left exposed. The roof decking has been covered with
sheetrock. There are four doors on the southern end of the room. Three access an original interior
hallway and one accesses a large, non-original, conference room.
The hallway connects the large conference room, two offices, two bathrooms and a staff room,
complete with kitchenette and its own small bathroom. The conference room is windowless and
occupies the southwest quadrant of the second floor. It has two doors, one accessing the large
warehouse space and a second accessing the interior hallway. A small bathroom with a single
commode and sink is located along the west wall. The smaller of the two offices is windowless and is
located in the southwest corner. It is abutted by the second office, which runs along the south wall.
This office has a pair of windows on the south wall. Each office has a single entry door, and the
common wall between the two has two fixed interior windows. To the east of the second office is a
small janitor’s closet with a sink boasting original tiles and basin. A communal bathroom with three
commodes and two sinks is located near the center of the south wall and has two windows that
illuminate the interior. Tile flooring, toilet stall dividers and sinks are original. The final room on this
floor is the large staff room which is accessed from a door at the far east end of the hallway. A small
kitchenette, with contemporary cabinetry, is located on the west wall of the room and the southwest
corner provides space for a shower and hot water heater. Two windows are along the south wall, one
in the shower room and one in the main staff room. Two windows are located on the east wall. The
contemporary staircase that provides access to the main floor is located on the north end of the
hallway, along the east wall. Finishes on the upstairs office and employee spaces are original sheetrock
with original wooden doors and window trim, and acoustical tile ceilings.
Building Alterations
While the first floor of the interior of building has been altered, the store retains the characteristics
and qualities of a mid-century Woolworth Store. Showroom and storefront alterations are typical
commercial building transformations, which would have occurred on a continual basis as retail
establishments sought to reinvent themselves with the latest merchandising trends of the day. No
interior images of the store when Woolworth occupied that space have been located to date, but
images from other like Woolworth stores show an open floor plate with flat plaster finishes, simple
lighting, tile floors and little or no ornamentation. Later images of the space, show some features
hidden behind new finishes. Those images also indicate flat plaster finishes. Instead low merchandise
display areas floated freely throughout the space in tight rows allowing employees to see the
showroom floor from the checkout areas near the front of the store. The interior of the Renton store
remains a free-flowing space with flat plaster wrapped columns and smooth concrete floors. On the
exterior, the store retains a high level of integrity. Such design details, both inside and out, convey a
strong sense of a typical department store structure as found in a small downtown core during the
post WWII era.
Photographic records and ghost marks on the floor indicate that the Anita Shop (710 South 3rd Street)
once had a deeply recessed entryway. Historical images show that the Woolworth’s store had two sets
of entry doors on the south elevation. Around 1975, the Woolworth’s space and the one-story Anita
Shop space were unified by the removal of the party wall. At this time the building had been
AGENDA ITEM #6. b)
Physical Description (continued)
F. W. Woolworth Co. Store Landmark Registration Form
Page 6 of 17
purchased by Renton Western Wear and was used as a clothing store. It was likely that the storefronts
were reconfigured during this time to have one set of doors. The bricks used during the storefront
remodel appear identical from the outside, and the front elevation of the building reads seamlessly as
one unified façade.
The extent of changes in the second floor of the building are unknown - original plans have not been
located. The warehouse section of the floor is clearly intact, but how many offices, if any, were
originally located on that level is a unknown. Some finishes for portions of the office and staff rooms
are contemporary. The bathrooms are a mix of contemporary and vintage materials – vintage sinks,
bathroom stalls, and floor tiles, while toilets are contemporary.
To support the conversion of the interior into a clothing store, storage and dressing rooms were added
to the store’s perimeter on the north, east, and west walls. An additional staircase to the second floor
(east wall) was also added. During this time the office portion of the upstairs was remodeled, since the
majority of the finishes in the office and conference room portions of the second floor date from the
1980s.
During the summer of 2015 all of the late 1970s/early 1980s additions to the main floor (with the
exception of the second staircase) were removed to support rehabilitation.
Other minor alterations were made at unknown dates. The three small horizontal windows along the
first floor of the east elevation were filled in at different times. A photo from 1963 shows the center
window filled in, while the windows on either side are still visible. The date the last two windows were
filled in is unknown. The casement windows on the second floor may have had their glazing replaced.
The current glazing material is a textured glass. However, photos from 1954 show very clearly
individual delineations on interior window blinds. This would have only been possible with clear
window glass.
AGENDA ITEM #6. b)
F. W. Woolworth Co. Store Landmark Registration Form
Page 7 of 17
PART III: HISTORICAL / ARCHITECTURAL SIGNIFICANCE
8. Evaluation Criteria
Historical Data (if known)
Date(s) of Construction: 1954, 1955
Other Date(s) of Significance:
Architect:
Builder: Riley Pleas Construction Co. Engineer:
Statement of Significance
Describe in detail the chronological history of the property and how it meets the landmark designation criteria.
Please provide a summary in the first paragraph (use continuation sheets if necessary). If using a Multiple
Property Nomination that is already on record, or another historical context narrative, please reference it by name
and source.
The F.W. Woolworth Co. Store in Renton, Washington, is historically significant under City of Renton
Landmark Designation Criterion A1 for its direct association with growth and development of
downtown Renton, and for its connection to the national five-and-dime chain store, F.W. Woolworth
Company. The store represents a last gasp effort of Woolworth’s to change the retail face of
downtowns in rural America before the shift occurred to suburban shopping centers. The building is
also significant under Criterion A3 as a representative example of its type and as an example of a small
commercial building designed in the waning years of the International Style. The period of significance
for the building begins in 1954 the date the store opened and ends in 1955, the date of an addition to
the west side of the building.
Criterion A1:
Designation Criteria:
Criteria Considerations:
A1 Property is associated with events that Property is
have made a significant contribution to
the broad patterns of national, state, or
local history.
a cemetery, birthplace, or grave or property owned by a religious institution/used for
religious purposes
A2 Property is associated with the lives of
persons significant in national, state, or
local history.
moved from its original location
A3 Property embodies the distinctive a reconstructed historic building
characteristics of a type, period, style,or
method of design or construction or
represents a significant and
distinguishable entity whose components
lack individual distinction.
a commemorative property
less than 40 years old or achieving significance
within the last 40 years
A4 Property has yielded, or is likely to yield,
information important in prehistory or
history.
A5 Property is an outstanding work of a
designer or builder who has made a
substantial contribution to the art.
AGENDA ITEM #6. b)
Historical/Architectural Significance (continued)
F. W. Woolworth Co. Store Landmark Registration Form
Page 8 of 17
Renton
The city of Renton, located 15 miles southeast of Seattle along the southern shores of Lake
Washington, developed as a major manufacturing and transportation center for the Pacific Northwest
during the early part of the 20th century. It grew around the holdings of Henry Tobin and Dr. R.H.
Bigelow, who had discovered a seam of coal on their adjacent homestead claims in 1853. Bigelow
moved away and Tobin died. His widow, who inherited his land and the coal mine married Erasmus
Smithers. Smithers filed the first plat for the Town of Renton in 1875.
The town was named for Captain William Renton, who had formed the Renton Coal Company a few
years earlier. Captain Renton, a lumberman better known for his successes with the famous Port
Blakely Mill on Puget Sound, had purchased the mine from Smithers and had the financial backing to
expand the business further.
Other coal mines soon dotted the hills and mountains east of Renton, but access to the lake and the
rivers allowed Renton to become the hub of the local coal industry. This beehive of activity created a
need for better transportation routes, and Renton was one of the first outlying communities to be
connected by a road to Seattle. By the end of the 19th century, Renton was also a railway hub. The
productive agricultural land in the river valleys also made Renton a commercial center. Other
industries followed including a brick and tile plant, a cigar factory, a glass-making facility, and several
lumber mills. By 1910, Renton was a booming prosperous town with a population of 2,740.
The town was incorporated on September 3, 1901. Earlier, the town had been known as a rough-and-
tumble community, due to the heavy industry. In 1885 there were nine saloons and no churches.
Incorporation led to a more organized and civilized community, and by 1910 the town had churches,
schools, newspapers, and a bank. A bottle factory, icehouse, and more lumber companies had been
built, leading the Chamber of Commerce to refer to Renton as the “Town of Payrolls.”
By 1915 the coal mining business began to taper off, but Renton’s future was still bright. Not only were
other businesses in town, such as the Pacific Car & Foundry, but the Interurban train also allowed
Renton to become a bedroom community for Seattle workers and their families. Roads were
constantly being improved. And even throughout the Great Depression, Renton still experienced
moderate growth.
However the most significant growth occurred in 1941 when the federal government and Boeing
elected to build a manufacturing plant just to the north of town. The plant was initially developed to
produce the XPB-1 Sea Ranger for the United States Navy, but was quickly re-engineered to produce
the B-29 Superfortress. This was the most technologically advanced airplane of its day and at the
height of production, the Renton plant was building 5 airplanes per day and 160 per month. By the
time production ceased in May 1946, Boeing had built an incredible 1,119 B-29s over a two and a half
year period at the Renton Plant. During the war years, the Pacific Car & Foundry also turned out 1,500
Sherman Tanks.
AGENDA ITEM #6. b)
Historical/Architectural Significance (continued)
F. W. Woolworth Co. Store Landmark Registration Form
Page 9 of 17
The Federal government provided Renton with millions of dollars toward housing, street repairs, and
infrastructure to accommodate the influx of workers. After the war, the military contracts tapered off
but the slowdown was only temporary. Boeing re-opened the B-29 plant in 1948 to build the C-97
Stratofreighter, which became the basis for the famous Boeing 377 Stratocruiser airliner. Then in May
1954 Boeing rolled out the 367-80 at Renton. This Dash 80 was the prototype for the KC-135
Stratotanker which set the stage for the first commercially successful jet airliner, the legendary Boeing
707. The first production Boeing 707 was rolled out at Renton on October 28, 1957 and the jet age
began. Production continued until 1978 with a total of 1,010 707s built at Renton.
Such development at the Boeing plant resulted in a large population boom. The city grew from 4,488
people in 1940 to 16,039 by 1950. While residential construction took place on the edges of the
community in the ever-expanding suburbs, many services were provided in a re-made and expanded
downtown core. During the early to mid-1950s numerous turn-of the century structures were
demolished in favor of new sleek modern buildings which reflected the aesthetic of the “jet age”.
Nineteen fifty-four was a banner year for construction in the community. A record $2.65 million in
total construction valuation occurred with a variety of new downtown business such as Bartell’s,
Tradewell Market, Wiesfield Jewelers, Western Auto Supply, Block’s Shoe Store and J.C. Penney’s. The
U.S. Department of Commerce business census indicated that retail sales in Renton grew 49.1%
between 1948 and 1954. In 1954 more than $31 million was spent in Renton’s retail stores and
Renton’s total payroll was $60 million dollars annually.
Capitalizing on the retail boom was the F.W. Woolworth Co. who worked with the Priebe family (a
Renton pioneer family) to build a new modern store in the heart of the downtown in 1954. Such
construction in a downtown core was a last gasp for Woolworth’s that had previously changed the face
of many main streets across the United States. However by the mid-1950s the shift to retail shopping
areas on the outskirts of many communities had begun.
Woolworth – Renton Store
Reportedly the Priebe family invested more than $200,000 to build the nominated building which they
leased to the Woolworth Company. Brothers Jack, Oscar, and Lloyd retained ownership of the land.
The site was previously home to the Priebe Building, which originally housed the Hotel Tourist and a
barbershop. Various family members ran the businesses.
Construction of the Renton Woolworth’s started in 1953. While exact construction costs are unknown,
newspaper accounts report numbers ranging from $100,000 to $200,000 for the building. The store
officially opened on March 18, 1954 at 9:30 am. The opening was highly publicized with a full two-
page spread in the local paper. The first 1,000 customers through the store received free 2 ½ inch
potted Philodendron plants and free balloons for the kids. Several advertisements congratulating
Renton for their new retail option were featured including ads from the Pleas Construction Co., All
Electric Service (Seattle), Renton Plumbing & Heating, Gordon Brown Plasterers (Seattle), George
Abraham & Son Cement Contractors (Bellevue, Seattle, and Renton) and the Downs-Ritter law firm
(Seattle).
AGENDA ITEM #6. b)
Historical/Architectural Significance (continued)
F. W. Woolworth Co. Store Landmark Registration Form
Page 10 of 17
The opening of the Renton store coincided with the F.W. Woolworth Company’s diamond jubilee and
featured a new business model. The store was designed to be 100% self-service and was the first store
in the Northwest to employ this service model. Newspaper coverage noted that the 6,000 square foot
store which had a wide open floor plate, provided a broader assortment of goods than other stores of
the same size due to new display equipment in self-service units designed to make shopping quicker
and easier for the customer. The second floor of the store held an employee lounge and recreation
room, offices and a stockroom as well as restrooms. At the time of the Renton store’s opening there
were 20 other Woolworth stores in Washington State, with an additional 15 in Oregon and 5 in Idaho.
All of these stores, along with those in California and Arizona, were under the jurisdiction of
Woolworth’s San Francisco regional office.
On April 17, 1955, plans were announced to expand the store to the west. The new one-story wing
was leased to Anita’s, a women’s fashion store. Anita’s leased the space until 1970, at which time
Fuson’s Fabric Store took over the space. The expansion also included the addition of a 25-seat
fountain lunch counter within the Woolworth’s store. The first manager of the Renton Woolworth’s
store was D. B. Long. A native of the Winston-Salem/Greensboro, N.C. area, Long had started working
for Woolworth’s during high school. After a brief hiatus to serve in the Pacific during World War II,
Long returned to Woolworth’s, working initially for their Seattle store. He then transferred to Coeur
d’Alene, Idaho, and later worked in the company’s Yakima, Tacoma, and Wenatchee stores. By 1956,
Jerrold G. Bair had become the manager.
F.W. Woolworth Co.
The F.W. Woolworth Company was begun by Frank Winfield Woolworth, who opened his first store in
Utica, New York in 1879. While the store initially failed due to a poor location, a subsequent store
located in Lancaster, Pennsylvania that same year was successful and became the foundation for one
of the largest retail chains in the world. By 1904, there were six chains of affiliated stores operating in
the United States and Canada. Between 1905 and 1908, members of the Woolworth Syndicate
followed Frank's lead to incorporate their businesses. In 1912 the syndicate agreed to a scheme crafted
by Frank Woolworth: to join forces and incorporate as one corporate entity under the name "F. W.
Woolworth Company" in a merger of all 596 stores. The stock flotation raised over $30 million for the
five founders of the merged chains. They all swallowed their pride and accepted Frank's name above
the door, with Frank as President of the new corporation.
The discount chain store became so successful that by 1913 the company built the first modern
skyscraper, the Woolworth’s building, in New York, NY. The company expanded rapidly and stores sold
a variety of high demand items such as inexpensive dishes, silverware, bathroom products,
kitchenware, garden supplies, hardware, home decoration supplies, school supplies, toys, Christmas
decorations, jewelry, beauty items, and sewing supplies. For many years the company did a strictly
"five-and-ten cent" business, but in the spring of 1932 a 20-cent line of merchandise was added. On
November 13, 1935, the company's directors decided to discontinue setting price limits altogether.
Woolworth served as president of the firm until his death in 1919. At the time, the company had
already expanded to every state in the union and Canada (1,081 stores) and had annual sales of $119
million. Woolworth’s was one of the first companies in the United States to have merchandise on
display for the public to handle instead of being located behind the counter.
AGENDA ITEM #6. b)
Historical/Architectural Significance (continued)
F. W. Woolworth Co. Store Landmark Registration Form
Page 11 of 17
The Woolworth's concept was widely copied, and five-and-ten-cent stores (also known as five-and-
dime stores or dimestores) became a 20th-century fixture in American downtowns. Later they would
serve as anchors for suburban shopping plazas and shopping malls in the late 1950s, 1960s, and 1970s.
In the 1960s, the five-and-dime concept evolved into the larger discount department store format. In
fact, in 1962, F.W. Woolworth Co. founded a chain of large, single-floor discount stores called Woolco.
Some of these stores were also branded as Winfields, after the founder's middle name. Nineteen sixty-
two was the same year that Woolworth's competitors opened similar retail chains that sold
merchandise at a discount: the S.S. Kresge Company opened Kmart; Dayton's opened Target; and Sam
Walton opened his first Wal-Mart store. By Woolworth’s 100th anniversary in 1979, it had become the
largest department store chain in the world, according to the Guinness Book of World Records.
The post-World War II era was a period of unprecedented growth for many American companies, and
1950 was a record-breaking year for sales within the Woolworth chain, with more than $61 million in
profits earned. However, troubling signs were on the horizon. It was clear that the development of
large shopping centers was causing challenges with the company’s long-standing policy of locating on
main streets. Although the trend to move retail development to shopping malls was fairly new,
Woolworth directors were paying attention. By 1954 the company had started constructing stores in
suburban shopping centers. The company began to move away from its five-and-dime roots and
placed less emphasis on its department store chain as it focused on its specialty stores. These stores
operated under the Woolco banner. In Washington State these included stores at the Villa Plaza
Shopping Center in Lakewood (1957) and Aurora Village in Seattle (1960).
The company was also battling the National Labor Relations Board regarding Woolworth’s treatment of
unionized employees. In an effort to save costs Woolworth’s embraced self-service stores, which
significantly reduced the number of employees needed per retail location. In 1952 the first self-service
store for the chain was opened. All checkouts were located at the front of the store and customers
would bring merchandise there for payment and wrapping. By 1953 the company spent $26 million to
build forty-four new stores, many of which were self-service, including the Renton store. In 1953 the
total number of stores owned by the chain in the United States was close to 2,000.
Although sales hit a record $713,870,367 in 1954, earnings began to decline and by the 1970s the
lagging economy, increasing prices, and increasing employment all took their toll on the iconic
company. The Renton Woolworth’s was one of a number of stores closed by the company between
1973 and 1974 and the building was purchased by another business for use as a discount retail store at
that time.
While it was a success in Canada, the Woolco chain closed in the United States in 1983. On October 15,
1993, Woolworth's embarked on a restructuring plan that included closing half of its 800-plus general
merchandise stores in the United States and converting its Canadian stores to a closeout division
named The Bargain! Shop. Woolco and Woolworth’s survived in Canada until 1994, when the majority
of the Woolco stores there were sold to Wal-Mart. The Woolco stores that were not purchased by Wal-
Mart were either converted to The Bargain! Shop, sold to Zellers or shut down. Approximately 100
Woolworth stores in Canada were rebranded as The Bargain! Shop, and the rest were closed. On July
AGENDA ITEM #6. b)
Historical/Architectural Significance (continued)
F. W. Woolworth Co. Store Landmark Registration Form
Page 12 of 17
17, 1997, Woolworth's closed its remaining department stores in the U.S. and changed its corporate
name to Venator.
Criteria A3:
Riley Pleas Construction Co.
To construct the store the Priebe Brothers and the F.W. Woolworth Co. hired the Riley Pleas
Construction Co. from Seattle. While a fairly young company at the time, owner Riley Pleas was well
versed in mid-century design and had worked as a draftsman for a prominent Seattle architectural
firm. Born in Covina, California on June 16, 1926 Riley William Pleas and his brother Pat were raised in
Olympia, Washington. After grammar school, both were selected for officer training in the US Navy V-
12 program. Following service in the US Navy, Riley studied architecture at the University of Michigan.
It was there that he met his future wife, nursing student Nancy Seay. Riley and Nancy married on
September 14, 1946, in Ann Arbor. They moved to Seattle in 1947 to raise a family.
After moving to Seattle, Pleas continued his studies at the University of Washington while working for
Strand Construction Company. It is unknown whether he received a formal degree from the University
of Washington. In 1948 he took a job as a draftsman for Mallis & Dehart Architects (1948-1950). With
valuable experience in hand, Pleas opened his own construction firm, Riley Pleas Inc., in Seattle in
1950. Over the course of the next 40 years his company built a variety of notable projects scattered
across Washington, Oregon, Montana, California, and Alaska.
Pleas’ projects range from schools to apartment complexes and large infrastructure works. Known
projects include Pinehurst Elementary School (1958); Montlake Terrace Elementary School (1958);
Lowell School remodel (1959); Pacific Architect & Builder Office (1959); Northgate Clinic of Group
Health (1958); the Villa Capri Apartments (1960); Four Season Apartments (1966) all in Seattle; and the
Wells Dam (1966) in Bridgeport, OR. Over the course of his career he worked with a variety of
architects including Albert O. Bumgardner, Paul H. Kirk and the firms of Dudley & Ekness, and
Cuykendall, Illes & Blean. In the late 1960s, Pleas expanded his business interest to serve as a
developer as well as builder. Under HUD’s Turnkey Program he developed several high rise projects for
the King County and Seattle Housing Authority. These projects include Olive Ridge (1968), Cedarville
House (1970), International Terrace (1971), Cedarville Village (1971) and Southridge House (1970). He
also developed the Mutiny Sands (1960s) area of Whidbey Island. In Renton, in addition to the
nominated building, the Pleas Construction firm also constructed the J. C. Penny Building (1955),
located on the same block as the nominated building and the Renton Village Shopping Center (1963).
After turning over the construction business to his three sons, Pleas acquired the Isaacson Steel Service
Center (1983), which is still owned by members of family today and operates under the name Seaport
Steel. He served on the Board of Seaport and other companies including Lynden Transport. Pleas
passed away on June 15, 2008.
AGENDA ITEM #6. b)
Historical/Architectural Significance (continued)
F. W. Woolworth Co. Store Landmark Registration Form
Page 13 of 17
International Style
While the architect for the store is unknown, per historic images, the Renton store shares many
similarities of other Woolworth’s stores built across the country during the 1950s. The company had
an in-house architectural department during the 1920s and 30s. While details of the department are
unknown, it is believed that they continued to operate into the 1960s and provided standardized
designs for the company.
The nominated building shares features with other Woolworth’s stores from the same era. Similar
Woolworth stores have been found in Clarksdale, Mississippi (NRHP); Oxnard, California; San Diego,
California; Madison, WI; Lake Charles, Louisiana and Tijuana, Mexico. All six of these buildings are two-
stories and five of them occupy corners. All have storefront glazing almost exclusively on the main
elevation and a horizontal band of windows on the second story. Five of the stores have the same
framed window surrounds which group multiple sashes into one unifying element. The Oxnard store is
most similar to the Renton store in terms of window configuration and spacing.
This design motif is reflective of the International Style, which was popular from the late 1920s through
the early 1960s. The style was born in Western Europe in the 1920s from the precedent breaking work
of noted architects Le Corbusier in France and Walter Gropius and Mies van der Rohe in Germany.
Striving to create a new modern form and functional theory of architecture these architects
abandoned tradition to create a pared down, unornamented style that emphasized geometric shapes,
viewing it as architecture for the modern age. Buildings of the International style were starkly different
than those of previous eras. Features included flat roofs, asymmetry and bands of windows set into a
rectangular form. Many European architects came to the United States in the period preceding World
War II bringing their new ideas about modern design with them. In the 1930s American architects
began experimenting with the International style, building upon early 20th century American
architecture.
The style was named after an exhibit at the Museum of Modern Art in 1932 that showcased a variety
of works by European architects such as Le Corbusier, Mies van der Rohe, and Gropius. In the
exhibition, curated by Henry-Russell Hitchcock and Phillip Johnson, International Style buildings are
said to be: 1) rectilinear forms; 2) light, taut plane surfaces that have been completely stripped of
applied ornamentation and decoration; 3) open interior spaces; and 4) a visually weightless quality
engendered by the use of cantilever construction. Pure examples of architect designed International
style buildings are somewhat rare, but many buildings of the era between 1930-1950 show its
influence. While the International style was popular in Europe for residential design in the 1920s and
1930s, it was less commonly used for houses in the United States. Instead the style was utilized on a
variety of educational, industrial and commercial buildings. By creating a new philosophy of
architecture dedicated to the pure functionality of form, the International style had a lasting impact on
modern design and elements of the style continued long beyond its period of popularity.
The Renton Woolworth’s building epitomizes the International Style as it manifested in many small
communities around the country. Its principles and design details include:
AGENDA ITEM #6. b)
Historical/Architectural Significance (continued)
F. W. Woolworth Co. Store Landmark Registration Form
Page 14 of 17
• a rejection of historical styles as a source of architectural form
• use of material and functional requirements to determine form (form follows function)
• a machine aesthetic
• rejection of ornament
• simplification of form and elimination of unnecessary detail
The Renton store features a poured concrete structure and a simple utilitarian form. Glass is only used
when necessary, primarily to provide large display windows. Fenestration on the second floor is
limited to small windows that provided light for interior office space. The large awning located
primarily on the south elevation was utilitarian and provided shade for pedestrians and protected
display goods from unnecessary fading. The awning also originally provided a platform for advertising
signage with large letters spelling out the store’s name. Another character defining feature is the
emphasis on the building’s horizontal form. The grid pattern scored into the concrete on the second
floor on the south and part of the east elevations are purely decorative. This is articulated through the
significant glazing, the awning, and most significantly with the windows treatment on the second level.
Although the individual window units are vertical, they were banded in groupings framed by raised
concrete flanges that emphasize the length of the bays rather than the height of the individual
windows.
Construction of the Renton Woolworth Store was an indicator “of the soundness of the [Renton] area
as an industrial and retail center.” The building, for many, was proof that Renton had “arrived” as a
modern city after rapid growth during the 1940s. Additionally the store serves as a representative
example of the Woolworth’s chain which is tightly bound into American retail history.
AGENDA ITEM #6. b)
F. W. Woolworth Co. Store Landmark Registration Form
Page 15 of 17
PART IV: MAJOR BIBLIOGRAPHICAL REFERENCES
9. Previous Documentation
Buerger, David M. “Renton: Where the Water Took Wing.” Springfield, Oregon: Windsor Publications,
Inc., 1989.
“Chain Plans Expansion of Renton Store,” Seattle Times, April 17, 1955, n/p.
“Cost Estimated At Over $100,000 for 2 Story Unit,” Renton Chronicle September 24 1953 p 1.
“D. B. Long, North Carolina Native, Is Manger of F. W. Woolworth Store,” Renton News Record, March
18, 1954 p 2.
“Dr. Jack Priebe Joins Staff at Button Hospital,” Renton Chronicle, February 24, 1955, p 4, sec 2.
“Jack Priebe,” Seattle Times, December 18, 1998, n/p.
Kroll Maps. Kroll’s Map of Renton, Washington, Map. Seattle, Washington: Kroll Maps, 1954. Print.
“Larry Baugh, founder of Baugh Construction, dies of natural causes at 90,” Daily Journal of Commerce
(Oregon), September 18, 2000, n/p.
“Lloyd Priebe, 56, Tahoma Educator, Dies Suddenly,” Renton Chronicle, July 2, 1958, p 5.
Metsker Maps. Metsker’s Map of Renton, Washington, Map [ca 1:70,000]. Tacoma, Washington:
Metsker Maps, 1926. Print.
Use the space below to cite the books, articles, and other sources used in preparing this form (use continuation
sheet if necessary).
Previous documentation on file: Primary location of additional data:
included in King County Historic Resource Inventory #3907 State Historic Preservation Office
previously designated an Renton Landmark Other State agency
previously designated a Community Landmark Federal agency
listed in Washington State Register of Historic Places King County Historic Preservation
Program
preliminary determination of individual listing Local government
(36 CFR 67) has been requested University
previously listed in the National Register Other (specify repository)
previously determined eligible by the National Register
designated a National Historic Landmark
recorded by Historic American Buildings, Survey #:
recorded by Historic American Engineering, Rec. #:
Bibliography
AGENDA ITEM #6. b)
Bibliography (continued)
F. W. Woolworth Co. Store Landmark Registration Form
Page 16 of 17
National Register of Historic Places, Woolworth Building, Clarksdale, Coahoma County, Mississippi,
#09000110.
“New Woolworth Store to be Open to Public Today,” Renton News Record, March 18, 1954, p 1.
“Oscar H. Priebe Taken by Death,” Renton Chronicle, July 2 ,1942, p1.
“Priebe Brothers Played Important Role in Bringing Woolworth Firm to Renton,” Renton News Record,
March 18, 1954, Page 2.
“Robert Baugh” Seattle Times, January 18-22 2012 (digital access, April 30, 2015).
Renton Journal, Dec 17, 1909 pg 3.
“Renton Store Leased by Woolworth’s,” Seattle Times, March 21, 1954,
“Renton to Celebrate Its Growth,” Seattle Times, September 21, 1955,
“Robert Baugh,” Seattle Times, January 18-22, 2012, n/p.
“Woolworth Plans Self Service Store Here,” Renton Chronicle, Sept 24, 1953, p 1.
Pitrone, Jean Maddern. F. W. Woolworth and the American Five and Dime. Jefferson, North Carolina:
McFarland & Company, Inc., Publishers, 2003.
Plunket-Powell, Karen. Remembering Woolworth’s: A Nostalgic History of the World’s Most Famous
Five-and-Dime. New York: St. Martin’s Press, 1999.
Renton Museum Obituary Files for: Oscar H. Priebe and Oscar W. Priebe
Sanborn Maps. Sanborn Fire Insurance Map of Renton, Washington, Map. Chicago, Illinois: Sanborn
Maps, 1952 and 1962, p 7. Print.
Slauson, Morda C. Renton From Coal to Jets. Olympic Reprographics: Kent, Washington, 1976 (2003
Edition).
Stewart, Elizabeth P. “From Horses to Cars,” Renton Historical Society & Museum Quarterly Spring
March 2015 Volume 46, Number 1, p 1, 5-7, and 10.
Stewart, Elizabeth P. “Renton in 1955: A modern City Takes Flight,” Renton Historical Society &
Museum Quarterly Fall September 2015 Volume 46, Number 3
AGENDA ITEM #6. b)
Bibliography (continued)
F. W. Woolworth Co. Store Landmark Registration Form
Page 17 of 17
Woolworth, Company, F. W. Fifty Years of Woolworth: 1879-1929. New York: F. W. Woolworth
Company, 1929.
Pacific Coast Architecture database (http://pcad.lib.washington.edu ) Baugh Construction and Riley
William Pleas, accessed April 30, 2015.
AGENDA ITEM #6. b)
F.W. Woolworth Company Store – Renton Photos and Map
Assessor Map: Tax Parcel # 7231502210
AGENDA ITEM #6. b)
Google Earth Map
AGENDA ITEM #6. b)
Renton Woolworth’s c. 1963 (Source: King County Tax Assessor)
Renton Woolworth’s, c. 1957 (Source: Renton Historical Society)
AGENDA ITEM #6. b)
Other Mid-Century F.W. Woolworth Co. Stores - Nationwide
San Diego, CA – Woolworth Co. Store (built
1949)
Oxnard, CA – Woolworth Co. Store (built
c.1954)
Tijuana, Mexico - Woolworth Co. Store
(c.1957)
Clarksdale, MS – Woolworth Co. Store
(built 1955)
Madison, WI – Woolworth Co. Store (built
1954)
Lake Charles, LA – Woolworth Co. Store
(c.1957)
AGENDA ITEM #6. b)
Photo #1 of 14
South façade (left) and east elevation (right), camera facing northwest
(August 2016)
Photo #2 of 14
South façade (left) and east elevation (right), camera facing northwest
(August 2016)
AGENDA ITEM #6. b)
Photo #3 of 14
East elevation detail, camera facing northwest
(August 2016)
Photo #4 of 14
South façade, camera facing northwest
(August 2016)
AGENDA ITEM #6. b)
Photo #5 of 14
South façade detail I, camera facing northwest
(August 2016)
Photo #6 of 14
South façade detail II, camera facing northwest
(August 2016)
AGENDA ITEM #6. b)
Photo #7 of 14
South façade detail III, camera facing northwest
(August 2016)
Photo #8 of 14
South façade, camera facing northeast
(August 2016)
AGENDA ITEM #6. b)
Photo #9 of 14
West elevation, camera facing northeast
(August 2016)
Photo #10 of 14
North elevation, camera facing southeast
Caroline T. Swope (May 2015)
AGENDA ITEM #6. b)
Photo #11 of 14
Main floor interior I, west (left) and north (right) elevations, camera facing northwest.\
Caroline T. Swope (May 2015)
Photo #12 of 14
Main floor interior II, north (left) and east (right) elevations, camera facing northeast
Caroline T. Swope (May 2015)
AGENDA ITEM #6. b)
Photo #13 of 14
Main floor interior III, camera facing north
(September 2016)
Photo #14 of 14
Main floor interior IV, conveyor belt, camera facing northeast
Caroline T. Swope (May 2015)
AGENDA ITEM #6. b)
AB - 2018
City Council Regular Meeting - 06 Nov 2017
SUBJECT/TITLE: 3rd Quarter 2017 Contract Report
RECOMMENDED ACTION: None; Information Only
DEPARTMENT: City Clerk
STAFF CONTACT: Jason A. Seth, City Clerk
EXT.: x6502
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
Fully executed in third quarter 2017 were 41 contracts, 19 addenda, 19 change orders, 10 (JOC) work orders,
and 7 are highlighted as being over 10% and/or $100,000 of original amount. The six-month expiration report
shows 155 agreements that will expire between October 1, 2017 and March 31, 2018.
EXHIBITS:
A. Contracts, fully executed, between July 1, 2017 - September 30, 2017
B. Contracts expiring between October 1, 2017– March 31, 2018
STAFF RECOMMENDATION:
None - Information Only.
AGENDA ITEM #6. c)
Contracts Fully Executed from 7/1/2017 12:00:00AM thru 9/30/2017 12:00:00AM
Orig Contr Amt ClassCurrent AmtContract No DescripƟon Dept ExpiraƟon
CAG‐14‐038 King County ‐ Interlocal agreement providing access to internet &
insƟtuƟonal network (3 year contract)
ASD $41,580 $46,188 P
Contractor: (101712) KING COUNTY
03/31/2020
Supplemental DescripƟonDateNumberSupp Type
Adden #1‐17 ‐ King County ‐ I‐Net Service term extension & rate
increase.
07/24/2017Adden #1‐17addendum
Previous Exp Date New Exp Date
12/31/2017 03/31/2020
CAG‐15‐148 Maplewood Creek Stormwater Ouƞall Improvements Project pw $444,005 $504,716 P
Contractor: (057809) OLSON BROTHERS EXCAVATING INC
12/31/2017
Supplemental DescripƟonDateNumberSupp Type
CO #3‐17 ‐ Olson Brothers ExcavaƟng, Inc ‐ addiƟonal work of
Side Sewer.
07/21/2017CO #3‐17change
CO #4 ‐ Olson Brothers ExcavaƟng, Inc. ‐ adjustment for actual bid
item quanƟƟes.
09/25/2017CO #4change
CAG‐16‐036 Scarsella Bros. Inc. ‐ Talbot Hill Sewer RelocaƟon pw $3,183,441 $3,289,411 P
Contractor: (071019) SCARSELLA BROTHERS INC
07/31/2017
Supplemental DescripƟonDateNumberSupp Type
CO #1‐16 ‐ Scarsella Bros. Inc. ‐ Change Guided Pipe Ram porƟon
of project to Guided Auger Bore
07/31/2017CO #1‐16change
CAG‐16‐040 Gary Merlino ConstrucƟon Company, Inc.‐ Cedar River
Maintenance Dredge Project
pw $7,537,748 $7,788,451 P
Contractor: (048830) GARY MERLINO CONST CO
12/31/2017
Supplemental DescripƟonDateNumberSupp Type
CO #4‐17 ‐ Gary Merlino ConstrucƟon Co. ‐ Vegetated Wall ‐
Slope Repair.
09/14/2017CO #4‐17change
CAG‐16‐049 Road ConstrucƟon Northwest, Inc. ‐ Sunset Lane NE
Improvements Project
pw $4,704,216 $5,206,205 P
Contractor: (068803) ROAD CONSTRUCTION NW
07/31/2018
Supplemental DescripƟonDateNumberSupp Type
CO #8‐17 ‐ Road ConstrucƟon Northwest ‐ PSEDelay $347,509.6708/23/2017CO #8‐17change
CO #9 ‐ Road ConstrucƟon Northwest, Inc. ‐ ColpiƩs CB upsize
and cleanout.
09/27/2017CO #9change
\\RVAPP02\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt
Data as of: 10/20/2017 11:42:52AM Printed: 10/20/2017 Page 1 of 12
AGENDA ITEM #6. c)
Contracts Fully Executed from 7/1/2017 12:00:00AM thru 9/30/2017 12:00:00AM
Orig Contr Amt ClassCurrent AmtContract No DescripƟon Dept ExpiraƟon
CAG‐16‐055 Hough Beck & Baird, Inc ‐ Sunset Neighborhood Park Ph 1 ‐
Design & ConstrucƟon Services
cs $338,215 $415,540 P
Contractor: (035300) HOUGH BECK & BAIRD INC
03/31/2018
Supplemental DescripƟonDateNumberSupp Type
Adden #6‐17 ‐ Hough Beck & Baird, Inc ‐ Ɵme extension.09/11/2017Adden #6‐17addendum
Previous Exp Date New Exp Date
09/15/2017 03/31/2018
CAG‐16‐078 Canber CorporaƟon ‐ Landscaping Maintenance Services cs $470,692 $522,925 P
Contractor: (013391) CANBER CORPS
12/31/2018
Supplemental DescripƟonDateNumberSupp Type
Adden #5‐17 ‐ Canber Corp ‐ add, delete and modify several sites09/18/2017Adden #5‐17addendum
CAG‐16‐103 RH2 Engineering, Inc. ‐ Replace Highlands 435 Pressure Zone
Reservoirs and Mains ‐ Final Design and Bidding
pw $697,088 $924,364 P
Contractor: (068180) RH2 ENGINEERING INC
06/30/2018
Supplemental DescripƟonDateNumberSupp Type
Adden #1‐17 ‐ RH2 Engineering, Inc. ‐ addiƟonal work & Ɵme
extension.
08/15/2017Adden #1‐17addendum
Previous Exp Date New Exp Date
03/31/2018 06/30/2018
CAG‐16‐108 Stantec ConsulƟng Services ‐ Thunder Hills Sanitary Sewer
Interceptor Replacement Project ‐ Design and ConstrucƟon
Services
pw $313,700 $417,892 P
Contractor: (077215) STANTEC CONSULTING SVCS INC
12/31/2018
Supplemental DescripƟonDateNumberSupp Type
Adden #2‐17 ‐ Stantec ConsulƟng Services, Inc. ‐ addiƟonal work.08/23/2017Adden #2‐17addendum
CAG‐16‐117 Jansen, Inc. ‐ Main Ave S (S 3rd St to Mill Ave S) project pw $1,957,258 $2,146,999 P
Contractor: (039053) JANSEN INC
12/31/2018
Supplemental DescripƟonDateNumberSupp Type
CO #4‐17 ‐ Jansen, Inc. ‐ AddiƟonal working days
(non‐compensable).
07/26/2017CO #4‐17change
CO #5‐17 ‐ Jansen, Inc. ‐ IrrigaƟon revisions.09/05/2017CO #5‐17change
CAG‐16‐129 City of SeaƩle Office of Sustainability & Environment ‐ 2015‐2018
Fresh Bucks ImplementaƟon
cs $0 $17,292 R 12/31/2018
Supplemental DescripƟonDateNumberSupp Type
Adden #4‐17 ‐ City of SeaƩle ‐ Fresh Bucks ImplementaƟon ‐
addiƟonal grant funding
08/30/2017Adden #4‐17addendum
\\RVAPP02\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt
Data as of: 10/20/2017 11:42:52AM Printed: 10/20/2017 Page 2 of 12
AGENDA ITEM #6. c)
Contracts Fully Executed from 7/1/2017 12:00:00AM thru 9/30/2017 12:00:00AM
Orig Contr Amt ClassCurrent AmtContract No DescripƟon Dept ExpiraƟon
CAG‐16‐148 Northwest Hydraulic Consultants (NHC) ‐ Cedar River
Maintenance Dredge Project ‐ Scour Monitoring and Channel
Survey
pw $53,908 $124,090 P
Contractor: (056490) NW HYDRAULIC CONSULTANTS INC
12/31/2019
Supplemental DescripƟonDateNumberSupp Type
Adden #1‐17 ‐ Northwest Hydraulic Consultants ‐ AddiƟonal work
& Ɵme extension.
08/02/2017Adden #1‐17addendum
Previous Exp Date New Exp Date
12/31/2018 12/31/2019
CAG‐16‐168 GeoEngineers, Inc. ‐ Cedar River Maintenance Dredge Project ‐
post‐construcƟon documentaƟon & miƟgaƟon monitoring
pw $98,900 $164,236 P
Contractor: (029436) GEO ENGINEERS INC
04/30/2018
Supplemental DescripƟonDateNumberSupp Type
Adden #1 ‐ GeoEngineers, Inc. ‐ 2017 MiƟgaƟon Monitoring and
Fish Survey & Ɵme extension.
09/26/2017Adden #1addendum
Previous Exp Date New Exp Date
12/31/2017 04/30/2018
CAG‐16‐175 King County Housing & Community Development ‐ 2016
Community Development Block Grant (CDBG)
cs $457,830 $727,939 R 12/31/2017
Supplemental DescripƟonDateNumberSupp Type
Adden #2‐17 ‐ KC Dept of Community & Human Services ‐
construcƟon funds for Senior AcƟvity Center removal of barriers
08/31/2017Adden #2‐17addendum
CAG‐16‐184 Hansen Surveying & ConsulƟng ‐ Lot Line Adjustment survey
services for May Creek Property AcquisiƟon
cs $14,606 $14,606 P
Contractor: (032548) HANSEN SURVEYING & CONSULTING
11/30/2017
Supplemental DescripƟonDateNumberSupp Type
Adden #2‐17 ‐ Hansen Surveying & ConsulƟng ‐ Ɵme extension09/25/2017Adden #2‐17addendum
Previous Exp Date New Exp Date
09/30/2017 11/30/2017
CAG‐16‐199 MacLeod Reckord PLLC ‐ Trails and Bicycle Master Plan pw $198,010 $215,005 P
Contractor: (046042) MACLEOD RECKORD PLLC
12/31/2017
Supplemental DescripƟonDateNumberSupp Type
Adden #1‐17 ‐ MacLeod Reckord, PLLC ‐ AddiƟonal meeƟng Ɵmes
& documents for KC coordinaƟon.
09/13/2017Adden #1‐17addendum
\\RVAPP02\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt
Data as of: 10/20/2017 11:42:52AM Printed: 10/20/2017 Page 3 of 12
AGENDA ITEM #6. c)
Contracts Fully Executed from 7/1/2017 12:00:00AM thru 9/30/2017 12:00:00AM
Orig Contr Amt ClassCurrent AmtContract No DescripƟon Dept ExpiraƟon
CAG‐16‐212 Absco SoluƟons ‐ Riverview Park Bridge CCTV Camera InstallaƟon cs $3,024 $3,024 P
Contractor: (000310) ABSCO ALARMS INC
09/01/2017
Supplemental DescripƟonDateNumberSupp Type
Absco SoluƟons ‐ Riverview Park CCTV Camera ‐ Ɵme extension
only
07/17/2017Adden #2‐17addendum
Previous Exp Date New Exp Date
07/15/2017 09/01/2017
CAG‐17‐045 MoƩ MacDonald LLC ‐ Seaplane Base Maintenance Dredge
Project ‐ Shoreline miƟgaƟon engineering & design consultant
air $58,312 $58,312 P
Contractor: (051522) MOTT MACDONALD GROUP LLC
02/28/2018
Supplemental DescripƟonDateNumberSupp Type
CO #1‐17 ‐ MoƩ MacDonald LLC ‐ Ɵme extension.07/28/2017CO #1‐17change
Previous Exp Date New Exp Date
07/30/2017 02/28/2018
CAG‐17‐046 Schreiber Starling Whitehead Architects ‐ design services for Fire
StaƟon #15
cs $763,486 $784,226 P
Contractor: (071275) SCHREIBER STARLING WHITEHEAD
12/31/2018
Supplemental DescripƟonDateNumberSupp Type
Adden #1‐17 ‐ Schreiber, Starling, Whitehead Architects ‐
adjustment to addiƟonal commissioning consulƟng FS #15
08/23/2017Adden #1‐17addendum
CAG‐17‐050 RH2 Engineering, Inc. ‐ LiŌ StaƟon and Force Main RehabilitaƟon
Group 1 FaciliƟes Predesign
pw $176,379 $203,450 P
Contractor: (068180) RH2 ENGINEERING INC
06/30/2018
Supplemental DescripƟonDateNumberSupp Type
Adden #1‐17 ‐ RH2 Engineering, Inc. ‐ waste water and
stormwater pump staƟons telemetry panel replacement.
08/24/2017Adden #1‐17addendum
CAG‐17‐054 Dickson Company ‐ Sunset Lane DemoliƟon (Harrington Av) cs $351,650 $361,760 P
Contractor: (092515) DICKSON COMPANY
01/02/2018
Supplemental DescripƟonDateNumberSupp Type
Change Order #1‐17 ‐ Dickson Company ‐ addiƟonal access road
work
08/04/2017CO #1‐17addendum
Previous Exp Date New Exp Date
10/01/2017 01/02/2018
CO #2‐17 ‐ Dickson Company ‐ credit on appliance count (actual
cost less than allowance amount).
08/25/2017CO #2‐17change
\\RVAPP02\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt
Data as of: 10/20/2017 11:42:52AM Printed: 10/20/2017 Page 4 of 12
AGENDA ITEM #6. c)
Contracts Fully Executed from 7/1/2017 12:00:00AM thru 9/30/2017 12:00:00AM
Orig Contr Amt ClassCurrent AmtContract No DescripƟon Dept ExpiraƟon
CAG‐17‐088 Road ConstrucƟon NW ‐ Sunset Neighborhood Park, Ph 1cs $2,351,010 $2,366,073 P
Contractor: (068803) ROAD CONSTRUCTION NW
12/12/2017
Supplemental DescripƟonDateNumberSupp Type
CO #1‐17 ‐ Road ConstrucƟon NW ‐ add three light
poles/luminaires.
08/25/2017CO # 1‐17change
CAG‐17‐094 ICON Materials ‐ 2017 Street Patch and Overlay with Curb Ramps
project
pw $1,669,123 $1,669,123 P
Contractor: (036552) ICON MATERIALS INC
11/13/2017
Supplemental DescripƟonDateNumberSupp Type
07/13/2017n/a (new)
CAG‐17‐105 PND Engineers ‐ Coulon Park Facility CondiƟon Assessment of 17
structures
cs $97,600 $106,400 P
Contractor: (061121) PND ENGINEERS
11/01/2017
Supplemental DescripƟonDateNumberSupp Type
Adden #1‐17 ‐ PND Engineers ‐ structural assessment for boat
launch wave break
08/08/2017Adden #1‐17addendum
CAG‐17‐108 DPK, Inc.‐ Harrington Ave NE Green ConnecƟons Stormwater
Retrofit project, Phase II.
pw $904,036 $904,036 P
Contractor: (022007) DPK INC
11/30/2018
Supplemental DescripƟonDateNumberSupp Type
08/15/2017n/a (new)
CAG‐17‐109 Trelstad Tree ‐ tree maintenance services at various locaƟons cs $28,600 $32,780 P
Contractor: (082469) TRELSTAD TREE INC
08/01/2017
Supplemental DescripƟonDateNumberSupp Type
CO #1‐17 ‐ Trelstad Tree, LLC ‐ addiƟonal tree maintenance
services
07/05/2017CO #1‐17change
CAG‐17‐119 Sierra Pacific ConstrucƟon, LLC ‐ Maplewood Creek and Madsen
Creek Sediment Basin Cleaning Project 2017.
pw $99,606 $99,606 P
Contractor: (074685) SIERRA PACIFIC CONSTRUCTION
03/31/2018
Supplemental DescripƟonDateNumberSupp Type
07/06/2017n/a (new)
CAG‐17‐121 OƩo Rosenau & Associates ‐ Sunset Neighborhood Park Ph 1
Materials Tes Ɵng & InspecƟons
cs $20,615 $20,615 P
Contractor: (058570) OTTO ROSENAU & ASSOCIATES INC
12/12/2017
Supplemental DescripƟonDateNumberSupp Type
07/03/2017n/a (new)
\\RVAPP02\EdenReports\reports\SiteSpec\renton\Linked Reports\CM\contracts_executed.rpt
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AGENDA ITEM #6. c)
Contracts Fully Executed from 7/1/2017 12:00:00AM thru 9/30/2017 12:00:00AM
Orig Contr Amt ClassCurrent AmtContract No DescripƟon Dept ExpiraƟon
CAG‐17‐125 PND Engineers ‐ Boathouse Float Design cs $20,548 $45,698 P
Contractor: (061121) PND ENGINEERS
09/01/2018
Supplemental DescripƟonDateNumberSupp Type
Adden #1‐17 ‐ PND Engineers ‐ addiƟonal services for boathouse
float design
08/17/2017Adden #1‐17addendum
Previous Exp Date New Exp Date
01/01/2018 09/01/2018
CAG‐17‐144 Edward Byrne Memorial ‐ JAG 2016 AccepƟng funds for local
soliciataƟon grant
pol $26,542 $26,542 R 09/30/2019
Supplemental DescripƟonDateNumberSupp Type
07/26/2017n/a (new)
CAG‐17‐145 Water Buffalo, Inc ‐ Tree Watering Maintenance Services cs $45,000 $70,000 P
Contractor: (089921) WATER BUFFALO INC
10/31/2017
Supplemental DescripƟonDateNumberSupp Type
CO #1‐17 ‐ Water Buffalo, Inc ‐ addiƟonal tree watering services.08/31/2017CO #1‐17change
CAG‐17‐150 SeaƩle King County Dept of Public Health ‐ provide dental care to
homeless individuals through mobile medical program
cs $15,000 $15,000 P
Contractor: (041610) SEA KING CNTY PUBLIC HEALTH
12/31/2018
Supplemental DescripƟonDateNumberSupp Type
07/05/2017n/a (new)
CAG‐17‐151 King County ‐ 2017‐2018 Interagency Agreement for Waste
ReducƟon & Recycling program grant
pw $253,320 $253,320 P
Contractor: (042180) KING CNTY FINANCE DIVISION
12/31/2018
Supplemental DescripƟonDateNumberSupp Type
08/01/2017n/a (new)
CAG‐17‐152 Dude SoluƟons, Inc ‐ Work Management SoŌware cs $116,774 $116,774 P 03/31/2018
Supplemental DescripƟonDateNumberSupp Type
07/13/2017n/a (new)
CAG‐17‐153 S.M. Stemper Architects ‐ Architectural Design of Four City Hall
Elevators
cs $286,281 $286,281 P
Contractor: (070009) S.M. STEMPER ARCHITECTS
06/01/2020
Supplemental DescripƟonDateNumberSupp Type
07/13/2017n/a (new)
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AGENDA ITEM #6. c)
Contracts Fully Executed from 7/1/2017 12:00:00AM thru 9/30/2017 12:00:00AM
Orig Contr Amt ClassCurrent AmtContract No DescripƟon Dept ExpiraƟon
CAG‐17‐154 McKinstry EssenƟon, LLC ‐ FaciliƟes CondiƟon Assessment cs $124,387 $124,387 P
Contractor: (048353) MCKINSTRY ESSENTION LLC
12/31/2017
Supplemental DescripƟonDateNumberSupp Type
07/13/2017n/a (new)
CAG‐17‐155 Washington Tra ffic Safety Commission ‐ Provide funding to LEA's
who have cerƟfied DRE's to conduct DRE services on an overƟme
basis
pol $0 $0 M 06/30/2019
Supplemental DescripƟonDateNumberSupp Type
07/24/2017n/a (new)
CAG‐17‐156 MAKERS Architecture & Urban Design ‐ Cedar River Trail concept
study
ced $2,925 $2,925 P
Contractor: (046646) MAKERS ARCHITECTURE &
09/30/2017
Supplemental DescripƟonDateNumberSupp Type
07/11/2017n/a (new)
CAG‐17‐157 Michael Purdy ‐ Job Order ContracƟng & Public Works project
training
fin $4,000 $4,000 P
Contractor: (048995) MICHAEL E PURDY ASSOCIATES LLC
07/20/2017
Supplemental DescripƟonDateNumberSupp Type
07/10/2017n/a (new)
CAG‐17‐158 Greenpoint Landscaping, LLC ‐ Noxious weed removal. air $5,060 $5,060 P
Contractor: (031498) GREENPOINT LANDSCAPING
01/31/2018
Supplemental DescripƟonDateNumberSupp Type
07/20/2017n/a (new)
CAG‐17‐159 Sound GeneraƟons aka Senior Services (TransportaƟon Program) ‐
Meals on Wheels home delivered meals to Seniors
cs $22,000 $22,000 P
Contractor: (073590) SOUND GENERATIONS
12/31/2018
Supplemental DescripƟonDateNumberSupp Type
07/25/2017n/a (new)
CAG‐17‐160 The Boeing Company ‐ License Agreement for installaƟon of
long‐term bike trail signage on Logan Ave N.
pw $0 $0 M 01/31/2022
Supplemental DescripƟonDateNumberSupp Type
07/24/2017n/a (new)
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AGENDA ITEM #6. c)
Contracts Fully Executed from 7/1/2017 12:00:00AM thru 9/30/2017 12:00:00AM
Orig Contr Amt ClassCurrent AmtContract No DescripƟon Dept ExpiraƟon
CAG‐17‐161 YWCA SeaƩle King Snohomish ‐ Emergency Housing & support
services for homeless families with children
cs $15,000 $15,000 P
Contractor: (093463) YWCA
12/31/2018
Supplemental DescripƟonDateNumberSupp Type
07/26/2017n/a (new)
CAG‐17‐163 Apply‐A‐Line, Inc. ‐ remove exisƟng runway marking at Renton
Municipal Airport.
air $48,400 $48,400 P
Contractor: (005229) APPLY A LINE INC
10/31/2017
Supplemental DescripƟonDateNumberSupp Type
08/02/2017n/a (new)
CAG‐17‐165 Renton Heritage LLC dba The Cosmos Group ‐ LeƩer of
Understanding for construcƟon of the porƟon of Main Alley South
between S 2nd St and the south property line of The LoŌs project,
207 Main Ave S.
pw $39,461 $39,461 R 12/31/2999
Supplemental DescripƟonDateNumberSupp Type
08/03/2017n/a (new)
CAG‐17‐168 Renton Chamber of Commerce ‐ RenCon ced $15,000 $15,000 P
Contractor: (066950) RENTON CHAMBER OF, COMMERCE
12/31/2017
Supplemental DescripƟonDateNumberSupp Type
08/07/2017n/a (new)
CAG‐17‐169 Renton Chamber of Commerce ‐ Return to Renton Car Show ced $5,000 $5,000 P
Contractor: (066950) RENTON CHAMBER OF, COMMERCE
12/31/2017
Supplemental DescripƟonDateNumberSupp Type
08/15/2017n/a (new)
CAG‐17‐‐17 OpƟmus ConstrucƟon & Development Inc ‐ Renton Senior AcƟvity
Center ADA Upgrade
cs $173,950 $173,950 P
Contractor: (058072) OPTIMUS CONSTRUCTION &
01/02/2018
Supplemental DescripƟonDateNumberSupp Type
08/31/2017n/a (new)
CAG‐17‐170 Renton Heritage LLC Ņa The Cosmos Group ‐ LeƩer of
Understanding for construcƟon of sidewalk improvements on the
SE corner of the intersecƟon of Main Ave S & S 2nd St.
pw $40,046 $40,046 R 12/31/2999
Supplemental DescripƟonDateNumberSupp Type
08/21/2017n/a (new)
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AGENDA ITEM #6. c)
Contracts Fully Executed from 7/1/2017 12:00:00AM thru 9/30/2017 12:00:00AM
Orig Contr Amt ClassCurrent AmtContract No DescripƟon Dept ExpiraƟon
CAG‐17‐172 American Tra ffic SoluƟons, INC. ‐ Provide red light cameras &
school zone photo enforcement cameras
pol $900,000 $900,000 P
Contractor: (004425) AMERICAN TRAFFIC SOLUTIONS INC
09/05/2027
Supplemental DescripƟonDateNumberSupp Type
09/09/2017n/a (new)
CAG‐17‐175 CRY OUT! ‐ AŌer School Program ‐ mentoring and performing arts cs $12,000 $12,000 P
Contractor: (019275) CRYOUT
12/31/2018
Supplemental DescripƟonDateNumberSupp Type
09/01/2017n/a (new)
CAG‐17‐176 DGK, Inc. dba Widener & Associates ‐ Provide environmental
services and construcƟon support for the Sunset Lane NE
Improvements project.
pw $38,901 $38,901 P
Contractor: (091850) WIDENER & ASSOCIATES
12/31/2018
Supplemental DescripƟonDateNumberSupp Type
09/07/2017n/a (new)
CAG‐17‐177 DGK, Inc. dba Widener & Associates ‐ Provide environmental
services and construcƟon support for the Main Ave S (S 3rd St to
Mill Ave S) project.
pw $26,148 $26,148 P
Contractor: (091850) WIDENER & ASSOCIATES
12/31/2018
Supplemental DescripƟonDateNumberSupp Type
09/05/2017n/a (new)
CAG‐17‐179 Pacific Groundwater Group, Inc. ‐ Provide consultant services for
Aquifer Monitoring Program review and training.
pw $10,201 $10,201 P
Contractor: (059450) PACIFIC GROUNDWATER GROUP INC
12/31/2018
Supplemental DescripƟonDateNumberSupp Type
09/13/2017n/a (new)
CAG‐17‐180 Global Diving & Salvage, Inc. ‐ Provide consultant services for
diving (inspecƟon/video) operaƟon on Seaplane Base launch
ramp foundaƟon.
air $2,495 $2,495 P
Contractor: (030087) GLOBAL DIVING & SALVAGE INC
10/30/2017
Supplemental DescripƟonDateNumberSupp Type
09/18/2017n/a (new)
CAG‐17‐181 Karen Reed ConsulƟng, LLC. ‐ Professional ConsulƟng Services fin $40,000 $40,000 P 10/01/2018
Supplemental DescripƟonDateNumberSupp Type
09/27/2017n/a (new)
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AGENDA ITEM #6. c)
Contracts Fully Executed from 7/1/2017 12:00:00AM thru 9/30/2017 12:00:00AM
Orig Contr Amt ClassCurrent AmtContract No DescripƟon Dept ExpiraƟon
CAG‐17‐182 Tasveer ‐ South Asian Film FesƟval ced $5,000 $5,000 P
Contractor: (080120) TASVEER CORPORATION
12/31/2017
Supplemental DescripƟonDateNumberSupp Type
09/21/2017n/a (new)
CAG‐17‐183 USTacoma Keybank Professional Development Center may $20,000 $20,000 R 12/31/2017
Supplemental DescripƟonDateNumberSupp Type
09/26/2017n/a (new)
CAG‐17‐184 Northwest Premier Jr. Football & Cheer ‐All Star Weekend ced $7,500 $7,500 P
Contractor: (056612) NW PREMIER JUNIOR FOOTBALL
12/31/2017
Supplemental DescripƟonDateNumberSupp Type
09/29/2017n/a (new)
CAG‐17‐185 API Chaya & Ravishing Women ‐ Ravishing Women's Show, Miss
India USA
ced $5,000 $5,000 P
Contractor: (005222) API CHAYA
12/31/2017
Supplemental DescripƟonDateNumberSupp Type
09/29/2017n/a (new)
CAG‐17‐186 Valbridge Property Advisors ‐ Appraisal Services ‐ Node
Property/Sunset Neighborhood Park
cs $5,000 $5,000 P
Contractor: (011880) BRUCE C ALLEN & ASSOCIATES INC
12/31/2017
Supplemental DescripƟonDateNumberSupp Type
09/27/2017n/a (new)
CAG‐17‐189 The Boeing Company ‐ Use of Fencing for LiŌ StaƟon Repairs ‐
Cedar River Trail Park
cs $0 $0 M 12/31/2018
Supplemental DescripƟonDateNumberSupp Type
Adden #1‐17 ‐ The Boeing Company ‐ extending expiraƟon date
of License Agreement
09/22/2017Adden #1‐17addendum
Previous Exp Date New Exp Date
09/30/2017 12/31/2018
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AGENDA ITEM #6. c)
Contracts Fully Executed from 7/1/2017 12:00:00AM thru 9/30/2017 12:00:00AM
Orig Contr Amt ClassCurrent AmtContract No DescripƟon Dept ExpiraƟon
JOC‐02‐019 FORMA ConstrucƟon ‐ Heritage Park Soil PreparaƟon cs $75,403 $140,785 P
Contractor: (009439) FORMA CONSTRUCTION /
09/29/2017
Supplemental DescripƟonDateNumberSupp Type
CO #3‐17 ‐ FORMA ConstrucƟon ‐ Herritage park Soil preparaƟon
‐ replace damaged asphalt path
07/14/2017CO #3‐17change
CO #4‐17 ‐ FORMA construcƟon ‐ Time extension only for
addiƟonal work.
08/01/2017CO #4‐17change
CO #5‐17 ‐ FORMA construcƟon ‐ Heritage park ‐ add gabion
baskets to protect check dams
08/10/2017CO #5‐17change
JOC‐02‐021 FORMA ‐ SAC Phase 1 ‐ Rm 110 Lounge Data Install ‐ Senior
Center
cs $1,576 $1,576 P
Contractor: (009439) FORMA CONSTRUCTION /
10/01/2017
Supplemental DescripƟonDateNumberSupp Type
07/31/2017n/a (new)
JOC‐02‐022 FORMA ConstrucƟon ‐ Police SubstaƟon Ease Flooring & Paint cs $19,743 $19,743 P
Contractor: (009439) FORMA CONSTRUCTION /
08/03/2018
Supplemental DescripƟonDateNumberSupp Type
08/03/2017n/a (new)
JOC‐02‐023 FORMA ConstrucƟon ‐ Paint Ceiling at Senior Center Banquet
Room
cs $38,520 $41,412 P
Contractor: (009439) FORMA CONSTRUCTION /
01/02/2018
Supplemental DescripƟonDateNumberSupp Type
CO #1‐17 ‐ FORMA construcƟon Ceiling PainƟng remove floor
protecƟon
09/08/2017CO #1‐17change
JOC‐02‐024 Forma ConstrucƟon Company ‐ Kennewick Place Northwest ADA
Ramps & RRFB's
pw $81,956 $86,594 P
Contractor: (009439) FORMA CONSTRUCTION /
12/31/2017
Supplemental DescripƟonDateNumberSupp Type
CO 1 ‐ FORMA ConstrucƟon ‐ addiƟonal work required by city
Inspector
09/29/2017CO 1change
JOC‐02‐025 FORMA ConstrucƟon ‐ SAC Phase III ‐ Main Lobby Remodel ‐
Senior Center
cs $14,461 $15,441 P
Contractor: (009439) FORMA CONSTRUCTION /
01/02/2018
Supplemental DescripƟonDateNumberSupp Type
CO #1‐17 ‐ Forma ‐ Senior Center Lobby Remodel add Data &
Electric
09/08/2017CO #1‐17change
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AGENDA ITEM #6. c)
Contracts Fully Executed from 7/1/2017 12:00:00AM thru 9/30/2017 12:00:00AM
Orig Contr Amt ClassCurrent AmtContract No DescripƟon Dept ExpiraƟon
JOC‐02‐026 FORMA ConstrucƟon Company ‐ Cedar River Flood Wall Caulking pw $110,402 $110,402 P
Contractor: (009439) FORMA CONSTRUCTION /
12/31/2017
Supplemental DescripƟonDateNumberSupp Type
08/30/2017n/a (new)
JOC‐03‐009 Traffic Loop Repair and/or resealing at 17 intersecƟons pw $877,456 $877,456 P
Contractor: (070878) SAYBR CONTRACTORS INC
09/30/2017
Supplemental DescripƟonDateNumberSupp Type
09/13/2017n/a (new)
LAG‐17‐002 THE BOEING COMPANY ‐ License agreement for sub‐surface
pressurized air pipe ‐ Leaking air pipe‐ Renton Airport
cit $0 $0 M 10/01/2017
Supplemental DescripƟonDateNumberSupp Type
07/02/2017n/a (new)
LAG‐17‐003 Barton BenneƩ ‐ City Hangar Lease air $0 $0 M 12/31/2999
Supplemental DescripƟonDateNumberSupp Type
08/07/2017n/a (new)
LAG‐84‐006 Aerodyne, LLC. aka: South Cove Venture ‐ 300 Building ‐ Airport
Ground Lease (8/31/2016)
PW $0 $0 R 08/31/2026
Supplemental DescripƟonDateNumberSupp Type
Adden #16‐17 ‐ Aerodyne LLC ‐ periodic lease rate adjustment09/20/2017Adden #16‐17addendum
Number of Items Processed: 79 (New: 41; Addendums: 19; Change Orders: 19; Work Orders: 0)
Number of Contracts/Leases Affected: 73
Current Contracts/$Amount Summary: Payable (61) $40,439,733 Receivable (7) $871,280 Miscellaneous (5) $0
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AGENDA ITEM #6. c)
Contracts Expired from 10/1/2017 12:00:00AM thru 3/31/2018 12:00:00AM
Orig Contr AmtContract No DescripƟon Dept ClassCurrent Amt ExpiraƟon
CAG‐10‐067 EnD General ConstrucƟon ‐ Logan Av N Stage 2 Lake WA Trail
Project
2/8/2012 ‐ Final payment folder received & filed
PW $878,600 $1,019,430 P
Contractor: (024095) END GENERAL CONSTRUCTION INC
12/31/2017
CAG‐08‐171 Horizon Distributors, Inc. ‐ IrrigaƟon System SoŌware Support for
Maplewood Golf Course
CS $7,462 $27,651 P
Contractor: (035250) HORIZON
12/31/2017
CAG‐11‐156 SAIC Energy, Environment & Infrastructure, LLC ‐ Hardie Av SW ‐
SW 7th St Storm System Improvement Proj, SWP 27‐3570
PW $269,427 $1,137,074 P
Contractor: (080770) LOUIS BERGER GROUP INC
12/31/2017
CAG‐12‐008 Coast & Harbor Engineering, Inc. ‐ Consultant design service for
Maintenance dredging & Shoreline miƟgaƟon project
PW $99,527 $203,411 P
Contractor: (016463) COAST & HARBOR ENGINEERING INC
12/31/2017
CAG‐11‐008 PSR HVAC & Mechanical Services ‐ Full Service Agreement for
Mechanical/HVAC Maintenance at Renton City Hall ($79,500/year
‐ 2 year contract)
CS $159,000 $560,238 P
Contractor: (064542) PSR
12/31/2017
CAG‐13‐097 Parametrix, Inc. ‐ Adding a right‐turn lane & an adapƟve signal
control system (ASCS) improvements along the corridor
PW $28,550 $128,208 P
Contractor: (060277) PARAMETRIX INC
12/31/2017
CAG‐11‐196 Renton School District ‐ Interlocal Agreement for the Performing
Arts Center
CS $0 $0 M
Contractor: (033166) RENTON SCHOOL DISTRICT
11/21/2017
CAG‐14‐068 CivilTech Engineering, Inc ‐ Engineering support services for NE
31st St Culvert Replacement Project
PW $34,999 $34,999 P
Contractor: (016075) CIVILTECH ENGINEERING INC
12/31/2017
CAG‐15‐148 Maplewood Creek Stormwater Ouƞall Improvements Project $444,005 $504,716 P
Contractor: (057809) OLSON BROTHERS EXCAVATING INC
12/31/2017
CAG‐14‐146 KPG, Inc. ‐ Downtown CirculaƟon Project ‐ Phase 1, Main Av S &
Bronson Way
PW $148,819 $594,688 P
Contractor: (042772) KPG INC
12/31/2017
CAG‐13‐105 Coast & Harbor Engineering, Inc. ‐ Cedar River Gravel Removal
Project Grant (Rev: $5,313,000) Pay: $992,599.52
PW $992,600 $1,981,168 P
Contractor: (016463) COAST & HARBOR ENGINEERING INC
12/31/2017
CAG‐15‐046 Perteet, Inc. ‐ Sunset Lane ‐ Preliminary Design & Report Phase
(Sunset Lane & NE 10th St). $135,792.00
PW $135,792 $1,053,901 P
Contractor: (061292) PERTEET ENGINEERING INC
12/31/2017
CAG‐15‐080 Perteet, Inc. ‐ NE Sunset Blvd Preliminary Design Phase PW $578,048 $596,913 P
Contractor: (061292) PERTEET ENGINEERING INC
01/31/2018
CAG‐12‐074 Washington State Military Dept & Federal Emergency Mangement
Agency ‐ FEMA ‐ January 2012 Severe Winter Storm Public
Assistance Grant (esƟmated Rev: $168,750.00)
Fire $168,750 $168,750 R
Contractor: (1340) WASHINGTON STATE
03/05/2018
CAG‐15‐176 Stantec ConsulƟng Services ‐ engineering design for water/sewer
uƟlity improvements at Ron Regis Park.
$42,728 $54,228 P
Contractor: (077215) STANTEC CONSULTING SVCS INC
12/31/2017
CAG‐13‐208 WA State Criminal JusƟce Training Comm ‐ full‐Ɵme services of
Officer Shelly Hamel for Basic Law Enforcement Academy program
Police $0 $0 M 12/31/2017
CAG‐11‐191 Armored Car Services ‐ ($13,102.64 for 1st year) 5 year contract
totalling $68,186.64
ASD $68,187 $84,009 P
Contractor: (045247) LOOMIS
12/31/2017
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AGENDA ITEM #6. c)
Contracts Expired from 10/1/2017 12:00:00AM thru 3/31/2018 12:00:00AM
Orig Contr AmtContract No DescripƟon Dept ClassCurrent Amt ExpiraƟon
CAG‐14‐126 Mead & Hunt, Inc ‐ Consultant agreement for Airport Master Plan PW $837,705 $837,705 P
Contractor: (048618) MEAD & HUNT INC
02/28/2018
CAG‐15‐089 KPG, P.S. ‐ Rainier Av S. Corridor Improvements Phase 4 Survey $98,586 $522,125 P
Contractor: (042772) KPG INC
12/31/2017
CAG‐15‐120 Stantec ConsulƟng Services, Inc. ‐ Talbot Hill Sewer RelocaƟon
(SR167 IC/DC Project) Design & Bidding Services
PW $386,200 $631,650 P
Contractor: (077215) STANTEC CONSULTING SVCS INC
12/31/2017
CAG‐15‐177 OTAK, Inc ‐ Lake WA Loop Trail Project $274,891 $657,964 P
Contractor: (058565) OTAK INC
12/31/2017
CAG‐15‐208 DGK, Inc. (dba Widener and Associates) ‐ NE 31st St Bridge
Replacement
$64,660 $64,660 P
Contractor: (091850) WIDENER & ASSOCIATES
12/31/2017
CAG‐15‐209 DGK, Inc. (dba Widener and Associates) ‐ N 27th Place Culvert
Scour Repair
$20,185 $20,185 P
Contractor: (091850) WIDENER & ASSOCIATES
12/31/2017
CAG‐15‐215 Flemings Holiday LighƟng ‐ install lighƟng at Coulon & Piazza Park
2015‐2016
$111,245 $183,610 P
Contractor: (026563) FLEMINGS HOLIDAY LIGHTING LLC
12/25/2017
CAG‐15‐221 DGK, Inc. (dba Widener and Associates) ‐ 116th Ave SE Sidewalk
Project
$4,960 $16,177 P
Contractor: (091850) WIDENER & ASSOCIATES
12/31/2017
CAG‐15‐222 DGK, Inc. (dba Widener and Associates) ‐ Duvall Ave NE ‐ NE 4th St
to NE 10th St Project
$34,890 $34,890 P
Contractor: (091850) WIDENER & ASSOCIATES
12/31/2017
CAG‐16‐035 Kamins ConstrucƟon ‐ 116th Av SE Sidewalk Project $500,001 $614,472 P
Contractor: (040115) KAMINS CONSTRUCTION
12/31/2017
CAG‐16‐088 KPG, Inc ‐ Airport Control Tower Seismic Upgrade & First Floor
Remodel Project
$277,626 $277,626 P
Contractor: (042772) KPG INC
10/31/2017
LAG‐13‐002 Renton Ecumenical AssociaƟon of Churches (REACH) ‐ Lease of Jail
space at City Hall for women's day shelter (3 years)
CS $0 $0 R
Contractor: (4906) REACH CENTER OF HOPE
01/30/2018
CAG‐16‐112 Gray & Osborne, Inc. ‐ 116th Ave SE Sidewalk Project $95,000 $95,000 P
Contractor: (031245) GRAY & OSBORNE INC
12/31/2017
CAG‐16‐184 Hansen Surveying & ConsulƟng ‐ Lot Line Adjustment survey
services for May Creek Property AcquisiƟon
$14,606 $14,606 P
Contractor: (032548) HANSEN SURVEYING & CONSULTING
11/30/2017
CAG‐16‐206 Apply‐A‐Line, Inc. ‐ Runway & drive lane pavement marking at
Airport
$34,826 $34,826 P
Contractor: (005229) APPLY A LINE INC
12/30/2017
CAG‐17‐045 MoƩ MacDonald LLC ‐ Seaplane Base Maintenance Dredge Project
‐ Shoreline miƟgaƟon engineering & design consultant
$58,312 $58,312 P
Contractor: (051522) MOTT MACDONALD GROUP LLC
02/28/2018
JOC‐02‐024 Forma ConstrucƟon Company ‐ Kennewick Place Northwest ADA
Ramps & RRFB's
$81,956 $86,594 P
Contractor: (009439) FORMA CONSTRUCTION /
12/31/2017
CAG‐16‐055 Hough Beck & Baird, Inc ‐ Sunset Neighborhood Park Ph 1 ‐ Design
& ConstrucƟon Services
$338,215 $415,540 P
Contractor: (035300) HOUGH BECK & BAIRD INC
03/31/2018
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AGENDA ITEM #6. c)
Contracts Expired from 10/1/2017 12:00:00AM thru 3/31/2018 12:00:00AM
Orig Contr AmtContract No DescripƟon Dept ClassCurrent Amt ExpiraƟon
CAG‐15‐198 Puget Sound Energy ‐ ConservaƟon Grant ‐ Conversion of PSE
owned HPS steet lights to LED street lights
$489,922 $489,922 P
Contractor: (064290) PUGET SOUND ENERGY
10/01/2017
CAG‐17‐054 Dickson Company ‐ Sunset Lane DemoliƟon (Harrington Av) $351,650 $361,760 P
Contractor: (092515) DICKSON COMPANY
01/02/2018
CAG‐17‐089 AusƟnCina Architects PS ‐ Senior Center ADA Upgrade $21,670 $34,276 P
Contractor: (006660) AUSTINCINA ARCHITECT P.S.
10/01/2017
CAG‐17‐136 CoaƟngs Unlimited, Inc ‐ Seal Kennel Floor and Curbs $7,095 $7,095 P
Contractor: (016496) COATINGS UNLIMITED INC
10/01/2017
JOC‐02‐021 FORMA ‐ SAC Phase 1 ‐ Rm 110 Lounge Data Install ‐ Senior Center $1,576 $1,576 P
Contractor: (009439) FORMA CONSTRUCTION /
10/01/2017
LAG‐17‐002 THE BOEING COMPANY ‐ License agreement for sub‐surface
pressurized air pipe ‐ Leaking air pipe‐ Renton Airport
$0 $0 M 10/01/2017
CAG‐17‐188 Michael O'Leary dba AirO, Inc ‐ Agreement to Release and Hold
Harmless ‐ Fuel Tank
$12,300 $12,300 R 10/09/2017
CAG‐16‐099 Banker's Auto Rebuild & Towing ‐ Agreement for tow services
provided at a cost set by the WSP
$0 $0 M 10/14/2017
CAG‐16‐100 Gene Meyer Towing ‐ Agreement for tow services provided at a
cost set by the WSP
$0 $0 M 10/14/2017
CAG‐16‐101 West & Son's Towing ‐ Agreement for tow services provided at a
cost set by the WSP
$0 $0 P 10/14/2017
CAG‐16‐102 Skyway Towing ‐ Agreement for tow services provided at a cost set
by the WSP
$0 $0 M 10/14/2017
CAG‐17‐180 Global Diving & Salvage, Inc. ‐ Provide consultant services for diving
(inspecƟon/video) operaƟon on Seaplane Base launch ramp
foundaƟon.
$2,495 $2,495 P
Contractor: (030087) GLOBAL DIVING & SALVAGE INC
10/30/2017
CAG‐17‐145 Water Buffalo, Inc ‐ Tree Watering Maintenance Services $45,000 $70,000 P
Contractor: (089921) WATER BUFFALO INC
10/31/2017
CAG‐17‐163 Apply‐A‐Line, Inc. ‐ remove exisƟng runway marking at Renton
Municipal Airport.
$48,400 $48,400 P
Contractor: (005229) APPLY A LINE INC
10/31/2017
CAG‐17‐105 PND Engineers ‐ Coulon Park Facility CondiƟon Assessment of 17
structures
$97,600 $106,400 P
Contractor: (061121) PND ENGINEERS
11/01/2017
JOC‐02‐007 FORMA ‐ EM 4th Floor Office Remodel $112,308 $140,336 P
Contractor: (009439) FORMA CONSTRUCTION /
11/01/2017
JOC‐02‐013 Forma ‐ RHA House Demo ‐ Phase 1 $65,315 $65,315 P
Contractor: (009439) FORMA CONSTRUCTION /
11/01/2017
JOC‐02‐005 Forma ‐ Parks Maintenance North Interior Upgrade $162,966 $162,966 P
Contractor: (009439) FORMA CONSTRUCTION /
11/05/2017
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AGENDA ITEM #6. c)
Contracts Expired from 10/1/2017 12:00:00AM thru 3/31/2018 12:00:00AM
Orig Contr AmtContract No DescripƟon Dept ClassCurrent Amt ExpiraƟon
CAG‐16‐042 Miles Resources, LLC ‐ 2016 Street Patch & Overlay with Curb
Ramps
$436,290 $409,179 P
Contractor: (049515) MILES RESOURCES LLC
11/13/2017
CAG‐17‐094 ICON Materials ‐ 2017 Street Patch and Overlay with Curb Ramps
project
$1,669,123 $1,669,123 P
Contractor: (036552) ICON MATERIALS INC
11/13/2017
CAG‐17‐088 Road ConstrucƟon NW ‐ Sunset Neighborhood Park, Ph 1 $2,351,010 $2,366,073 P
Contractor: (068803) ROAD CONSTRUCTION NW
12/12/2017
CAG‐17‐121 OƩo Rosenau & Associates ‐ Sunset Neighborhood Park Ph 1
Materials Tes Ɵng & InspecƟons
$20,615 $20,615 P
Contractor: (058570) OTTO ROSENAU & ASSOCIATES INC
12/12/2017
CAG‐16‐213 WEBQA, Inc. ‐ WebQA Master Service Agreement $19,350 $19,350 P
Contractor: (089966) WEBQA INC
12/14/2017
CAG‐07‐010 Provide each other with confidenƟal informaƟon as it pertains to
their business relaƟonship
ASD $0 P
Contractor: (037319) INFOR GLOBAL SOLUTIONS INC
12/31/2017
CAG‐07‐182 King County Director's AssociaƟon ‐ Interlocal membership
agreement for purchasing certain merchandise
ASD $0 $0 M 12/31/2017
CAG‐10‐103 Evidence on Q ‐ Provide the necessary efficiency & funcƟonality for
effecƟve property & evidence management. (rec.)
Police $0 $0 M
Contractor: (400036) EVIDENCE ON Q
12/31/2017
CAG‐11‐133 Guy F. Atkinson ConstrucƟon, LLC. ‐ Strander Boulevard/SW 27th
Street Extension ‐ Phase 1, Segment 2A
PW $11,381,159 $13,750,491 P
Contractor: (031899) GUY F ATKINSON CONSTRUCTION
12/31/2017
CAG‐12‐050 AT&T Corp & BNSF Railway ‐ Agreement for relocaƟon of AT & T
faciliƟes within the BNSF ROW (Strander Bl/SW 27th St)
PW $151,224 $151,224 P
Contractor: (006399) AT&T
12/31/2017
CAG‐12‐113 FAA ‐ FAA Grant ApplicaƟon for ConstrucƟon Phase 1 ‐ Taxiway
Bravo RehabilitaƟon Project
PW $0 $2,838,331 R
Contractor: (1020) FEDERAL AVIATION ADMIN
12/31/2017
CAG‐12‐139 Various CiƟes & Cowlitz County ‐ Interlocal Agreement re: legal
services to appeal NPDES II
??? $25,000 $25,000 P
Contractor: (008785) CITY OF BELLEVUE
12/31/2017
CAG‐13‐020 S. 7th St @ ShaƩuck Av S IntersecƟon Improvements $585,230. PW $585,230 $585,230 R
Contractor: (1244) WA ST TIB
12/31/2017
CAG‐13‐025 Comcast ‐ Conduit Use Agreement for Carco Theatre Court $0 $0 M
Contractor: (016979) COMCAST CABLE COMMUNICATIONS
12/31/2017
CAG‐13‐179 South County Area Transporta Ɵon Board (SCATBd) ‐ 2014‐17
agreement. ($100 per year for 4 years)
PW $400 $400 P
Contractor: (042358) KING CNTY RECORDS & ELECTIONS
12/31/2017
CAG‐13‐180 Eastside Transporta Ɵon Partnership ‐ 2014‐17 agreement. ($100
per year for 4 years)
PW $400 $400 P
Contractor: (042376) KING CNTY DOT / RSD, ROAD SERVICES FI
12/31/2017
CAG‐14‐096 King County ‐ Community Development Block Grants (CDBG) CS $0 $0 P
Contractor: (101712) KING COUNTY
12/31/2017
CAG‐14‐118 Alliant Insurance Services, Inc. ‐ Property & Casualty Insurance
Brokerage Services
HR $47,500 $47,500 P
Contractor: (001910) ALLIANT INSURANCE SERVICES
12/31/2017
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AGENDA ITEM #6. c)
Contracts Expired from 10/1/2017 12:00:00AM thru 3/31/2018 12:00:00AM
Orig Contr AmtContract No DescripƟon Dept ClassCurrent Amt ExpiraƟon
CAG‐15‐134 Johansen ExcavaƟng Inc ‐ Logan Av N (Airport Way to N 6th St)
roadway improvements
7/25/2017 ‐ Final payment folder received & filed
$4,424,413 $5,029,116 P
Contractor: (039317) JOHANSEN EXCAVATING INC
12/31/2017
CAG‐15‐137 Carollo Engineers Inc. ‐ 2016 Long range Wastewater management
Plan
PW $203,038 $203,038 P
Contractor: (013783) CAROLLO ENGINEERS PC
12/31/2017
CAG‐15‐139 Electric Lightwave ‐ Reimbursement agreement for franchise uƟlity
relocaƟon along Logan Av
PW $37,000 $37,000 P
Contractor: (037755) ELECTRIC LIGHTWAVE
12/31/2017
CAG‐15‐207 BergerABAM, Inc. ‐ NE 31st St Bridge Replacement $329,204 $329,204 P
Contractor: (009258) BERGER/ABAM ENGINEERS INC
12/31/2017
CAG‐16‐040 Gary Merlino ConstrucƟon Company, Inc.‐ Cedar River
Maintenance Dredge Project
$7,537,748 $7,788,451 P
Contractor: (048830) GARY MERLINO CONST CO
12/31/2017
CAG‐16‐051 Stafford ExcavaƟng LLC ‐ Elliot Spawning Channel Inlet $207,419 $212,787 P
Contractor: (076891) STAFFORD EXCAVATING
12/31/2017
CAG‐16‐061 Rodarte ConstrucƟon, Inc. ‐ SW 7th St, Powell Av SW to Lind Av SW
Storm System
$3,099,676 $3,124,871 P
Contractor: (069020) RODARTE CONSTRUCTION INC
12/31/2017
CAG‐16‐064 Paramedic InstrucƟon for Renton Fire $39,700 $39,700 P
Contractor: (879515) SYLVIA FEDER
12/31/2017
CAG‐16‐068 WA Dept of Transporta Ɵon ‐ S 14th St Sanitary Sewer Main
RelocaƟon
$3,974,945 $3,974,945 R 12/31/2017
CAG‐16‐087 Carollo Engineers, Inc. ‐ CCTV InspecƟon Program Improvements $119,168 $119,168 P
Contractor: (013783) CAROLLO ENGINEERS PC
12/31/2017
CAG‐16‐127 Western Systems, Inc. ‐ AdapƟve Signal Control Technology
Procurement for SW 43rd St/Carr Rd/SE 176th St/SE Petrovitsky Rd
Corridor Safety
$406,252 $406,252 P
Contractor: (091171) WESTERN SYSTEMS
12/31/2017
CAG‐16‐140 DGK, Inc. (dba Widener and Associates) ‐ Environmental
professional services for Duvall Ave NE project
$16,714 $16,714 P
Contractor: (091850) WIDENER & ASSOCIATES
12/31/2017
CAG‐16‐149 Puget Sound Access ‐ OperaƟon of Renton's Government access
cable channel 21
$69,998 $69,998 P
Contractor: (064237) PUGET SOUND ACCESS
12/31/2017
CAG‐16‐152 Renton Housing Authority ‐ Temporary Use Agreement ‐ Piha lot
use at Sunset Ln & NE 10th St
$9,000 $9,000 P
Contractor: (067310) RENTON HOUSING AUTHORITY
12/31/2017
CAG‐16‐156 BergerABAM, Inc. ‐ N 27th Pl Bridge Scour Repair $11,335 $160,224 P
Contractor: (009258) BERGER/ABAM ENGINEERS INC
12/31/2017
CAG‐16‐167 Moore Iacofano Goltsman, Inc. dba MIG ‐ Planning Services related
to the Downtown Civic Core & Associated areas
$475,000 $475,000 P
Contractor: (050948) MOORE IACOFANO & GOLTSMAN INC
12/31/2017
CAG‐16‐175 King County Housing & Community Development ‐ 2016
Community Development Block Grant (CDBG)
$457,830 $727,939 R 12/31/2017
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AGENDA ITEM #6. c)
Contracts Expired from 10/1/2017 12:00:00AM thru 3/31/2018 12:00:00AM
Orig Contr AmtContract No DescripƟon Dept ClassCurrent Amt ExpiraƟon
CAG‐16‐189 Third Party Administrator for Self‐funded Healthcare Plan $232,116 $232,116 P
Contractor: (033236) HEALTHCARE MANAGEMENT ADMIN
12/31/2017
CAG‐16‐190 Stantec ‐ Cedar River Maintenance Dredge Project
Post‐ConstrucƟon LighƟng Study
$15,000 $15,000 P
Contractor: (077215) STANTEC CONSULTING SVCS INC
12/31/2017
CAG‐16‐191 Absco SoluƟons ‐ Sunset Neighborhood Park CCTV Cameras $42,702 $42,702 P
Contractor: (000310) ABSCO ALARMS INC
12/31/2017
CAG‐16‐199 MacLeod Reckord PLLC ‐ Trails and Bicycle Master Plan $198,010 $215,005 P
Contractor: (046042) MACLEOD RECKORD PLLC
12/31/2017
CAG‐16‐202 Valley NarcoƟcs Enforcement Team ‐ Interlocal to establish and
maintain team to invesƟgate & enforce the criminal laws relaƟng to
controlled substances
$0 $0 M 12/31/2017
CAG‐16‐204 CreaƟve Fuel Studios, LLC. ‐ Graphic design services ‐ consultant
agreement
$30,000 $30,000 P
Contractor: (018968) CREATIVE FUEL STUDIOS
12/31/2017
CAG‐16‐208 Outcomes by Levy ‐ Consultant Agreement for State LegislaƟve
Services
$60,600 $60,600 P
Contractor: (058621) OUTCOMES BY LEVY LLC
12/31/2017
CAG‐17‐003 Dahn Design, LLC ‐ Sunset Neighborhood Park ‐ design & sign $5,147 $5,147 P
Contractor: (019811) DAHN DESIGN LLC
12/31/2017
CAG‐17‐014 Perteet, Inc. ‐ Main Ave S construcƟon observaƟon and
administraƟon services
$29,999 $29,999 P
Contractor: (061292) PERTEET ENGINEERING INC
12/31/2017
CAG‐17‐015 Renton Chamber of Commerce ‐ OperaƟon of Tourism OrganizaƟon $152,000 $152,000 P
Contractor: (066950) RENTON CHAMBER OF, COMMERCE
12/31/2017
CAG‐17‐018 Davey Resource Group ‐ CerƟfied Arborist Inspector 2017 $124,000 $124,000 P
Contractor: (020110) THE DAVEY TREE EXPERT COMPANY
12/31/2017
CAG‐17‐019 Benita R. Horn & Associates ‐ Consultant Agreement for
inclusion/diversity programs & services
$67,000 $67,000 P
Contractor: (009242) BENITA R HORN & ASSOCIATES
12/31/2017
CAG‐17‐025 BERK ‐ Assistance in review & processing applicaƟons for the 2017
Comp Plan Amendment cycle
$12,080 $12,080 P
Contractor: (009274) BERK CONSULTING INC
12/31/2017
CAG‐17‐026 EA Engineering, Science & Technology ‐ ConƟnuaƟon of work of EIS
for Quendall Terminals Project
$14,143 $14,143 P
Contractor: (022723) EA ENGINEERING
12/31/2017
CAG‐17‐027 Habitat for Humanity SeaƩle‐King County ‐ siding repair
partnership for Housing Repair Assistance Program.
$16,000 $16,000 P
Contractor: (031918) HABITAT FOR HUMANITY
12/31/2017
CAG‐17‐029 City of Newcastle ‐ Hang banners over coal creek parkway $1,344 $1,344 R 12/31/2017
CAG‐17‐040 US Dept of Aggriculture (Wildlife Services Division) ‐ Airport wildlife
control
$35,000 $35,000 P
Contractor: (083655) USDA, APHIS; GENERAL
12/31/2017
CAG‐17‐041 Kolke ConsulƟng Group, Inc. ‐ Structural & Non‐structural plan
Review
$20,000 $20,000 P
Contractor: (042740) KOLKE CONSULTING GROUP INC
12/31/2017
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AGENDA ITEM #6. c)
Contracts Expired from 10/1/2017 12:00:00AM thru 3/31/2018 12:00:00AM
Orig Contr AmtContract No DescripƟon Dept ClassCurrent Amt ExpiraƟon
CAG‐17‐042 BHC Consultants ‐ Structural & Non‐structural plan Review $20,000 $20,000 P
Contractor: (009510) BHC CONSULTANTS LLC
12/31/2017
CAG‐17‐043 Reid Middleton ‐ Structural & Non‐structural plan Review $100,000 $100,000 P
Contractor: (066451) REID MIDDLETON INC
12/31/2017
CAG‐17‐055 Chantal Stevens ‐ CPC DCP Reset Project Coordinator reimbursed
by UW Keybank
$33,000 $33,000 R 12/31/2017
CAG‐17‐056 UW Tacoma Keybank Professional Development Center ‐ GPC DCCP
Reset Project Coordinator Reimbursed by UW (REIMBURSING THE
CITY FOR CAG‐17‐055)
$33,000 $33,000 R 12/31/2017
CAG‐17‐068 Epicenter Services, LLC ‐ 2017 Solid Waste Consultant Services $14,600 $14,600 P
Contractor: (024363) EPICENTER SERVICES LLC
12/31/2017
CAG‐17‐082 Perteet, Inc. ‐ N. Park Avenue Extension ‐ Preliminary Design and
Design Report Phase
$159,655 $159,656 P
Contractor: (061292) PERTEET ENGINEERING INC
12/31/2017
CAG‐17‐092 reelRenton ‐ FilmFrenzy & other 2017 events $15,500 $15,500 P
Contractor: (066150) REELRENTON
12/31/2017
CAG‐17‐100 Public Health SeaƩle & King County ‐ 2017 Local Hazardous Waste
Management Program funding
$42,647 $42,647 R
Contractor: (1067) KING COUNTY
12/31/2017
CAG‐17‐113 OTAK, Inc. ‐ Environmental Services ‐ Secondary Review $20,000 $20,000 P
Contractor: (058565) OTAK INC
12/31/2017
CAG‐17‐122 AHBL, Inc ‐ PreparaƟon to update the RMC regarding Wireless
CommunicaƟon FaciliƟe
$29,120 $29,120 P
Contractor: (001129) AHBL INC
12/31/2017
CAG‐17‐127 Northwest Research Group ‐ Renton Results 2017 Community
Survey
$46,000 $46,000 P
Contractor: (056763) NW RESEARCH GROUP LLC
12/31/2017
CAG‐17‐137 Atlas AdverƟsing ‐ Economic Development websidte design, digital
adverƟsing campaign ‐ Phase II
$90,000 $90,000 P
Contractor: (006460) ATLAS ADVERTISING LLC
12/31/2017
CAG‐17‐139 Hart Crowser, Inc. ‐ Fish Rescue for 2017 $16,319 $16,319 P
Contractor: (032832) HART CROWSER INC
12/31/2017
CAG‐17‐154 McKinstry EssenƟon, LLC ‐ FaciliƟes CondiƟon Assessment $124,387 $124,387 P
Contractor: (048353) MCKINSTRY ESSENTION LLC
12/31/2017
CAG‐17‐164 Piazza Renton OrganizaƟon ‐ LeƩer of Agreement for support of
Renton Farmers Market
$0 $0 M 12/31/2017
CAG‐17‐166 King ConservaƟon District ‐ Grant for Renton Farmers Market 2017
MarkeƟng & PromoƟon
$9,480 $9,480 R 12/31/2017
CAG‐17‐168 Renton Chamber of Commerce ‐ RenCon $15,000 $15,000 P
Contractor: (066950) RENTON CHAMBER OF, COMMERCE
12/31/2017
CAG‐17‐169 Renton Chamber of Commerce ‐ Return to Renton Car Show $5,000 $5,000 P
Contractor: (066950) RENTON CHAMBER OF, COMMERCE
12/31/2017
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AGENDA ITEM #6. c)
Contracts Expired from 10/1/2017 12:00:00AM thru 3/31/2018 12:00:00AM
Orig Contr AmtContract No DescripƟon Dept ClassCurrent Amt ExpiraƟon
CAG‐17‐182 Tasveer ‐ South Asian Film FesƟval $5,000 $5,000 P
Contractor: (080120) TASVEER CORPORATION
12/31/2017
CAG‐17‐183 USTacoma Keybank Professional Development Center $20,000 $20,000 R 12/31/2017
CAG‐17‐184 Northwest Premier Jr. Football & Cheer ‐All Star Weekend $7,500 $7,500 P
Contractor: (056612) NW PREMIER JUNIOR FOOTBALL
12/31/2017
CAG‐17‐185 API Chaya & Ravishing Women ‐ Ravishing Women's Show, Miss
India USA
$5,000 $5,000 P
Contractor: (005222) API CHAYA
12/31/2017
CAG‐17‐186 Valbridge Property Advisors ‐ Appraisal Services ‐ Node
Property/Sunset Neighborhood Park
$5,000 $5,000 P
Contractor: (011880) BRUCE C ALLEN & ASSOCIATES INC
12/31/2017
JOC‐02‐009 fORMA ‐ Fiber ConecƟvity for Water SCADA ‐ Mt.Olivet & N. Talbot
Pull & Splicing
$118,732 $132,213 P
Contractor: (009439) FORMA CONSTRUCTION /
12/31/2017
JOC‐02‐014 Forma ‐ Renton Landing Concrete Pass‐Through $78,468 $78,468 P
Contractor: (009439) FORMA CONSTRUCTION /
12/31/2017
JOC‐02‐016 FORMA ‐ Light Pole Replacement 4300 block of Talbot
10/2/2017 ‐ Final Payment Folder Received
$22,386 $22,386 P
Contractor: (009439) FORMA CONSTRUCTION /
12/31/2017
JOC‐02‐017 Maplewood Heights Elementary ADA Ramps $31,267 $31,267 P
Contractor: (009439) FORMA CONSTRUCTION /
12/31/2017
JOC‐02‐026 FORMA ConstrucƟon Company ‐ Cedar River Flood Wall Caulking $110,402 $110,402 P
Contractor: (009439) FORMA CONSTRUCTION /
12/31/2017
JOC‐02‐027 Forma ConstrucƟon ‐ Senior Center Roof Ven Ɵng Upgrades $20,502 $20,502 P
Contractor: (009439) FORMA CONSTRUCTION /
12/31/2017
LAG‐12‐001 Rain City Catering ‐ Leasing of the Renton Pavilion Event Center
($12,000 year + 15% x 5 years =$60,000)
CS $60,000 $60,000 R
Contractor: (4329) RAIN CITY CATERING
12/31/2017
LAG‐13‐001 Puget Sound Access ‐ Carco Theatre Lease. $2,500 a month plus
revenue sharing ‐ (5 year contract) Expires: 12/31/2017
CS $150,000 $190,000 R
Contractor: (4817) PUGET SOUND ACCESS
12/31/2017
CAG‐15‐012 King County et al ‐ Puget Sound Emergency Radio Network (PSERN)
MOA re: Operator Interlocal Agreement
$0 $0 M 01/01/2018
CAG‐15‐013 King County et al ‐ Puget Sound Emergency Radio Network
(PSERN) MOA re: ImplementaƟon
$0 $0 M 01/01/2018
CAG‐16‐187 Symetra ‐ Excess loss carrier for Self‐funded Healthcare Plan $437,811 $437,811 P 01/01/2018
CAG‐16‐188 Group Health CooperaƟve ‐ Group Medical & Vision Insurance $216,080 $216,080 P
Contractor: (031770) GROUP HEALTH COOPERATIVE, OF PUGET
01/01/2018
CAG‐17‐‐17 OpƟmus ConstrucƟon & Development Inc ‐ Renton Senior AcƟvity
Center ADA Upgrade
$173,950 $173,950 P
Contractor: (058072) OPTIMUS CONSTRUCTION &
01/02/2018
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AGENDA ITEM #6. c)
Contracts Expired from 10/1/2017 12:00:00AM thru 3/31/2018 12:00:00AM
Orig Contr AmtContract No DescripƟon Dept ClassCurrent Amt ExpiraƟon
JOC‐02‐023 FORMA ConstrucƟon ‐ Paint Ceiling at Senior Center Banquet Room $38,520 $41,412 P
Contractor: (009439) FORMA CONSTRUCTION /
01/02/2018
JOC‐02‐025 FORMA ConstrucƟon ‐ SAC Phase III ‐ Main Lobby Remodel ‐ Senior
Center
$14,461 $15,441 P
Contractor: (009439) FORMA CONSTRUCTION /
01/02/2018
CAG‐16‐195 NorthwestOne ‐ FloorGuardian gym floor maintenance at
Community Center.
$3,300 $3,300 P
Contractor: (056805) NW ONE
01/15/2018
CAG‐17‐009 Stantec ConsulƟng Services, Inc. ‐ Agreement for On‐Call Hydraulic
Modeling Services
$29,995 $29,995 P
Contractor: (077215) STANTEC CONSULTING SVCS INC
01/31/2018
CAG‐17‐066 Downtown UƟlity Improvements, Phase I ‐ Conceptual Analysis &
Design
$517,228 $517,228 P
Contractor: (052444) MURRAYSMITH INC
01/31/2018
CAG‐17‐158 Greenpoint Landscaping, LLC ‐ Noxious weed removal. $5,060 $5,060 P
Contractor: (031498) GREENPOINT LANDSCAPING
01/31/2018
CAG‐17‐023 King County Metro Transit ‐ Purchase of ORCA Business Cards &
Business Passport Products
$130,325 $130,325 P
Contractor: (089302) DEPARTMENT OF TRANSPORTATION
02/28/2018
CAG‐15‐077 RUFF ‐ MOU for a volunteer program that provides support for the
City's dog park
CS $0 $0 M 03/23/2018
CAG‐17‐190 Greg Prothman Company ‐ Recruitment Services for CAO posiƟon $19,500 $19,500 P
Contractor: (063704) PROTHMAN COMPANY
03/30/2018
CAG‐17‐049 RH2 Engineering, Inc. ‐ Falcon Ridge LiŌ StaƟon Replacement and
Force Main Improvements
$134,880 $134,880 P
Contractor: (068180) RH2 ENGINEERING INC
03/31/2018
CAG‐17‐119 Sierra Pacific ConstrucƟon, LLC ‐ Maplewood Creek and Madsen
Creek Sediment Basin Cleaning Project 2017.
$99,606 $99,606 P
Contractor: (074685) SIERRA PACIFIC CONSTRUCTION
03/31/2018
CAG‐17‐152 Dude SoluƟons, Inc ‐ Work Management SoŌware $116,774 $116,774 P 03/31/2018
PAG ‐17‐001 Seaplane Scenics LLC ‐ OperaƟng Permit & Agreement ‐ Aerodyne
sublease
$0 $0 M 03/31/2018
Number of Contracts/Leases: 155 Expired Contract Amt: Payable $639,135,027 Receivable $9,804,905 Miscellaneous $0
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AGENDA ITEM #6. c)
AB - 2021
City Council Regular Meeting - 06 Nov 2017
SUBJECT/TITLE: Latecomer's Agreement Request: Renton Commons Water Main
Extension at 215 Whitworth Ave S (Low Income Housing Institute
(LIHI), Petitioner) File No. LA-17-002
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: City Clerk
STAFF CONTACT: Jason Seth, City Clerk
EXT.: ext. 6502
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
On August 9, 2017 the Low Income Housing Institute (LIHI), also known as Renton Commons, LLC, submitted a
request for a latecomer's agreement for a water main extension benefiting other parties, located at 215
Whitworth Ave S. City staff reviewed the initial application and requested both additional information and
several revisions to the application.
On September 22, 2017 LIHI (aka Renton Commons, LLC) submitted a new request for a water main extension
benefiting other parties, located at 215 Whitworth Ave. S. City staff reviewed the revised application and
verified sufficiency of the request, the property ownership, the total cost figures, legal descriptions, and maps.
A latecomer's agreement application fee of $2,000 has been received. The total cost estimate submitted is
$238,147.51.
EXHIBITS:
A. Issue Paper w/ attachments
B. Revised Latecomer's Agreement Request w/ attachments (9/22/2017)
STAFF RECOMMENDATION:
Determine whether to grant preliminary approval for the Renton Commons latecomer's agreement (LA -17-
002) for a period of two years, and authorize staff to forward the preliminary assessment roll to the City Clerk
for notification of affected property owners.
AGENDA ITEM #6. d)
C
C
D
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AB - 2019
City Council Regular Meeting - 06 Nov 2017
SUBJECT/TITLE: Fee Waiver Request for Piazza Renton Tree Lighting Event
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Community Services
STAFF CONTACT: Carrie Olson, Farmers Market Coordinator
EXT.: 7214
FISCAL IMPACT SUMMARY:
Total amount of fees to be waived equals $150.00 as identified below.
SUMMARY OF ACTION:
The City of Renton provides numerous opportunities to engage in the community, its culture, and its citizens
through single, seasonal, and reoccurring programs and events. Fee waivers are provided to groups who
provide these opportunities, who may not be able to put them on with the added burden of these logistical
parking fees.
This request is for the Piazza Renton Tree Lighting Event, held on Saturday, November 25th. Request is for 20
parking passes valid from 10 am to 8 pm on the day of the event; total fees for passes equals $150.00.
EXHIBITS:
A. Fee Waiver Request
STAFF RECOMMENDATION:
Department requests approval of waiving $150.00 in fees for parking garage passes, for Piazza Renton Tree
Lighting event on November 25, 2017.
AGENDA ITEM #6. e)
C:\Users\jgabriel\Desktop\FEE WAIVER.docx
CITY OF RENTON
COMMUNITY SERVICES DEPARTMENT
FEE WAIVER OR REDUCTION REQUEST
Fee Waiver and/or Reduction requests will be submitted for approval to the City Council via the
Finance Committee.
Request Date: 10/24/17
Name of Group: Piazza Renton
Group Contact Person: Cheryl Scheuerman Contact Number: 206-999-1733
Address (Street, State, Zip): Renton, WA
Email Address: scheuermanc@comcast.net
Date of Event: 11/25/17
Number in Party: 20
Location Name/Address: Piazza Park, Renton
Type of Event: Tree Lighting/Kid's Activities
Staff Contact Name/Telephone: Carrie Olson 7214
What is the total cost of the rental and applicable fees? 150
What is the cost of the fee waiver or reduction requested? 150
Describe event and explain why a reduction or waiver of fees will benefit the Renton citizens:
Piazza Renton hosts the annual Tree Lighting in Piazza Park each year - this gives opportunity
for Renton citizens to enjoy Piazza Park with family friendly activities such as the lighting of the
tree and Santa Claus. Piazza Renton is a volunteer organization and does not receive any funds
from this event; volunteers are needed to set up, run and clean up event, providing parking
passes will help encourage volunteerism.
AGENDA ITEM #6. e)
AB - 2010
City Council Regular Meeting - 06 Nov 2017
SUBJECT/TITLE: Renewal of Healthcare Management Administrators (HMA), and
Envision Rx contract for 2018
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Human Resources / Risk Management
STAFF CONTACT: Ellen Bradley-Mak, Administrator
EXT.: 7657
FISCAL IMPACT SUMMARY:
Expenditure required: $240,400
Amount budgeted: $240,400
SUMMARY OF ACTION:
The fee schedule for HMA's services has been revised, with a 1.6% increase for 2018. The contract itself is
unchanged. Fees include HMA and Envision Rx administrative services for claims on the City’s self -insured
medical, dental and prescription plans. The fee includes rights to use the Regence Preferred Provider
Network, large case management, and COBRA and HIPAA Administration services. Funds for these services
were included in the 2018 budget.
EXHIBITS:
Revised HMA fee schedule for 2018
STAFF RECOMMENDATION:
Approve the 2018 HMA Administrative Services Agreement Fee Sch edule for medical, dental and prescription
claims by HMA and Envision Rx, and authorize the Mayor and City Clerk to sign the Agreement.
AGENDA ITEM #6. f)
HMA TPA Exhibit A Page 1 of 4 revision: 6.16.2017
EXHIBIT A SCHEDULE OF FEES
For
City of Renton / 4034 5034
Contract Period: 01/01/2018 through 12/31/2018
Administrative Fees
Rates for the contracted time period apply to services administered by HMA. Fees for outside vendors are subject to
change at any time. HMA fees and commissions may remain in effect beyond the above-stated term until changed by
mutual written agreement of the parties.
Claim Administrative Fees
Fee Description
$21.80 PEPM for Medical Plan Administration
Includes Pharmacy Interface Fee
If all documents are signed and returned by November 17,2017.
The new PEPM with discount: $21.60
$5.50 HMA Network Access
$3.75 Care Management Base Services
$1.50 PEPM for HMA National Dental Network Access
($1.50 PEPM in addition to the Dental Plan Administration.)
$3.25 PEPM for Dental Plan Administration
$0.65 PEPM for Vision Hardware Administration
$1.35 PEPM for COBRA Services
Medical/Rx Vision
Dental
$1.00 PEPM for MDLive Telehealth:
Medical
$1.00 PEPM + $38 / visit
Behavioral Health
$.30 PEPM + Per visit consulting fee
$10.00 Per Claim Medicare fee for repricing of out of network kidney dialysis claims.
30% of
Savings
Claims Negotiation, Hospital Bill Audit, and Out of Network Claim Re-pricing Services as outlined in
TPA Agreement Section 4 and as further defined under Section 4(l)(xiii) of Exhibit B
AGENDA ITEM #6. f)
HMA TPA Exhibit A Page 2 of 4 revision: 6.16.2017
Fee Description
27% of
Recovered
Funds
Subrogation Services as outlined in Section 4(i) of Exhibit B
The plan will receive 73% of recovered funds. Of the remaining 22% is retained by PHIA, 5% is
retained by HMA.
* In the event of litigation to enforce the Plan’s right of recovery, Phia’s fee will increase to 33.3% and
HMA shall not retain any compensation.
20% of
recovered
amount
charged as
contingency
fee
Overpayment Recovery as outlined in Section 4(i) of Exhibit B
o 16%-18% recovery fee retained by Accent*
o 2%-4% administrative allowance retained by HMA
o 80% of recovered funds will be returned to the Plan
30% of
savings
charged as
contingency
fee
Fraud, Waste, and Abuse as outlined in Section 4(i) of Exhibit B
o 17.5% of savings retained by Change Healthcare Solutions
o 12.5% administrative allowance retained by HMA
*Note, the contingency fee charged by Accent varies based on the age of the underlying claim. In no instance will the
total fee to the Plan exceed 20% of the amount recovered.
External Vendor Administrative Services
Fee Description
$4.05 PEPM Envision Rx administrative fee ($4.05 to EnvisionRx, $0 to HMA)
Broker Fees
Fee Description
$4,000.00 Per Month Broker Commission Fee payable to R.L. Evans
AGENDA ITEM #6. f)
HMA TPA Exhibit A Page 3 of 4 revision: 6.16.2017
Additional Services
Accept Decline Service Description & Cost
Flexible Spending Account (FSA) administration $3.95 Per Account Per Month (PAPM)
Visa card: Up to 2 FREE and additional or replacement cards at $10 per card ($250 per plan
for 1-500 accounts, $500 per plan for 501-3000 accounts annual fee)
***FSA and HRA are purchased only, 1 fee aplies at $3.95 PAPM
$2.00 PEPM The Plan Appointed Claim Evaluator “PACE” Fiduciary Service
Health Reimbursement Account (HRA) administration $3.95 Per Account Per Month (PAPM)
Visa card: Up to 2 FREE and additional or replacement cards at $10 per card ($250 per plan
for 1-500 accounts, $500 per plan for 501-3000 accounts annual fee)
***FSA and HRA are purchased only, 1 fee aplies at $3.95 PAPM
Health Saving Account (HSA) administration $2.70 Per Account Per Month (PAPM)
Visa card: Up to 3 FREE and additional or replacement cards at $5 per card (No set-up fees)
$1.50 PEPM - Healthcare Bluebook plus the cost of the Go Green to Get Green Rewards
Program. Rewards are $25 - $100 per service.
$1.50 PEPM - Care Navigator
$6.50 PEPM - Disease Management & Wellness Hub & Wellness Coaching (Bundled Service)
If a client selects all three services they will receive a discount on the bundled service, $1.00
discount if sold together.
$1.50 PEPM - Wellness Hub - includes a personal health assessment, individual and company
challenges, fitness device and app integration, health decision support tools, and a customizable
wellness incentive tracker.
$2.50 PEPM - Wellness Coaching - Includes unlimited inbound health coaching via phone,
email or video conferencing for working on wellness goals such as stress management, tobacco
cessation, eating healthier and being more physically active.
Incentive administration- In addition to the Wellness Hub full incentive administration support
for outcomes-based incentives is available. This includes complete administration of
customized incentive campaign, including design, creation, management, tracking and
reporting is available for $100/hr.
$3.50 PEPM - Disease Management – Includes nurse coaching and outreach for six major
chronic conditions—diabetes, asthma, coronary artery disease (CAD), congestive heart failure
(CHF), chronic obstructive pulmonary disease (COPD) and depression.
$350.00 Per Case - Maternity Program
$0.65 PEPM - 24 Hour Nurse Line
Biometric Screening - $60.00 Per Participant (25 minimum participation)
ID recard fee $2.00 per employee (Incidental reissue no cost)
Other:
AGENDA ITEM #6. f)
HMA TPA Exhibit A Page 4 of 4 revision: 6.16.2017
Excess Loss Services
In compensation for the work that HMA does to support excess loss carriers, HMA receives an administrative allowance of
2.5% from most of our preferred carriers. If you are using a non-preferred carrier, there will be an interface fee of 3.0% of
excess loss premium that is assessed to the group in lieu of the administrative allowance. These excess loss fees will be
reflected on the invoice on a PEPM basis.
HMA reserves the right to decline to work with non-preferred excess loss carriers. If we agree to administer a plan with an
excess loss carrier that is not preferred, we will charge an interface fee of 3.0% of excess loss premium and will ask for a
signed waiver of liability from the group. For carriers where we are not an approved benefit administrator, HMA reserves
the right to decline to proceed with the approval process at our discretion.
For new groups, the interface fee for non-preferred carriers is based on the carriers projected enrollment and premium rates.
For renewing groups, the interface fee for non-preferred carriers is calculated based on the final stop loss renewal premium
rates and enrollment for the last month of the prior contract period.
The rates are calculated as follows:
[.03 x (single Specific Stop Loss Premium Rate x single enrollment) + (family Specific Stop Loss Premium Rate x family
enrollment) + (Aggregate Stop Loss Premium Rate x total enrollment)] / Total Enrollment
Acceptance
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives
on the respective dates set forth below, effective as of the day and year first above written.
City of Renton Healthcare Management Administrators, Inc.
By: By:
Name: Name:
Title: Title:
Date: Date:
AGENDA ITEM #6. f)
AB - 2011
City Council Regular Meeting - 06 Nov 2017
SUBJECT/TITLE: Approval of Kaiser Permanente healthcare contract for 2018
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Human Resources / Risk Management
STAFF CONTACT: Ellen Bradley-Mak, Administrator
EXT.: 7657
FISCAL IMPACT SUMMARY:
Expenditure required: $154,600
Amount budgeted: $154,600
SUMMARY OF ACTION:
Council approval is requested to accept a 2.3% rate increase and renewal of the health insurance plan under
Kaiser Permanente (formerly Group Health) for retirees and active employees. Funding has been provided for
in the 2018 budget.
EXHIBITS:
A. Kaiser Plan Benefits Revisions
B. Kaiser Renewal Rates for Active Employees
C. Kaiser Renewal Rates for LEOFF 1 Retirees
STAFF RECOMMENDATION:
Approve the 2018 Kaiser Permanente health plan renewal for active employees and LEOFF 1 retirees, and
authorize the Mayor and City Clerk to sign the Agreement.
AGENDA ITEM #6. g)
Kaiser Foundation Health Plan of Washington
BENEFIT BOOKLET REVISIONS
Effective January 1, 2018
Page 1 of 1
This is the most current list of revisions; this list may be subject to change at any time.
Benefit Booklet Revision Explanation
How Covered Services Work
Visiting member services A clarification has been added to state that visiting member services
may be available from another Kaiser regional health plan as
directed by that other plan so long as such services would be
covered under the member’s current KFHPWA plan.
Benefit Details
Drugs-Outpatient A clarification has been added to state that contraceptive drugs may
be allowed up to a 12-month supply.
This change is in compliance with Washington state requirements.
Maternity and Pregnancy A clarification has been added to state that prenatal testing for the
detection of congenital and heritable disorders is covered when
medically necessary.
Nutritional Therapy A clarification has been made to the nutritional therapy exclusionary
provision to state that oral nutritional supplements not related to
the treatment of inborn errors of metabolism are excluded.
Claims
Claims submission requirement A clarification has been made to state that members (at the
member’s expense) must submit the claim and any associated
medical records translated into English (including the type of service,
charges in U.S. dollars, and proof of travel) to KFHPWA for out-of-
country claims (for emergency care only).
AGENDA ITEM #6. g)
526GG07-0317
Rates Confirmation
City of Renton
Effective Date 1/1/2018 thru 1/1/2019
The below rates have been quoted for the following plan(s). Please sign below to confirm rates.
Applicant further acknowledges and agrees that payment of any premium due for the coverage shall constitute applicant's acceptance of the coverage agreement issued.
Core
Core HMO
Group Name City of Renton
Group Number 1162600
RQ-116595
Rates by Tier
EE $ 786.76
EE/S $ 1,985.62
EE/1C $ 1,361.32
EE/2+C $ 1,863.16
EE/S/1C $ 2,560.15
EE/S/2+C $ 3,061.98
All plans offered and underwritten by Kaiser Foundation Health Plan of Washington
This health coverage meets or exceeds the minimum essential coverage requirements and the minimum value standard for the benefits it
provides.
This outpatient prescription drug coverage meets the Medicare Part D standard for creditable coverage.
Signature __________________________________________________ Date __________________________
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526GG07-0317
Rates Confirmation
City of Renton -LEOFF 1 Retirees
Effective Date 1/1/2018 thru 1/1/2019
The below rates have been quoted for the following plan(s). Please sign below to confirm rates.
Applicant further acknowledges and agrees that payment of any premium due for the coverage shall constitute applicant's acceptance of the coverage agreement issued.
Core
Core HMO
Group Name City of Renton - Leoff I Retirees
Group Number 0057500
RQ-116596
Rates by Tier
EE <65 Years Old $ 1,034.35
EE >65 Years Old, Not Enrolled Medicare $ 1,175.45
1C $ 621.09
AAC $ 832.37
Medicare Rates by Tier MedicareAB $ 545.78
All plans offered and underwritten by Kaiser Foundation Health Plan of Washington
This health coverage meets or exceeds the minimum essential coverage requirements and the minimum value standard for the benefits it
provides.
This outpatient prescription drug coverage meets the Medicare Part D standard for creditable coverage.
Signature __________________________________________________ Date __________________________
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AB - 2020
City Council Regular Meeting - 06 Nov 2017
SUBJECT/TITLE: Reclassifications effective January 1, 2018
RECOMMENDED ACTION: Refer to Finance Committee
DEPARTMENT: Human Resources / Risk Management
STAFF CONTACT: Ellen Bradley-Mak, Administrator
EXT.: 7657
FISCAL IMPACT SUMMARY:
All reclass/salary adjustments will be effective as of January 1, 2018.
Department: Public Works
Division: Utility Systems
Title: Program Specialist (J. Pursell; part time position)
New Title: Senior Program Specialist
Current Grade: a13
New Grade: a15
Budget impact 2018: Wages and benefits +$3,653
Department: Public Works
Division: Utility Systems
Title: Program Specialist (J. Kim; part time position)
New Title: Senior Program Specialist
Current Grade: a13
New Grade: a15
Budget impact 2018: Wages and benefits +$1,805
Department: Legal
Division: n/a
Title: Chief Prosecuting Attorney
(Title is unchanged; job description has been updated and is attached as exhibit)
Current Grade: m35
New Grade: m38
Budget impact 2018: Wages and benefits +$10,452
SUMMARY OF ACTION:
See Issue Papers, attached
EXHIBITS:
A. Issue papers (3)
B. Job description, Senior Program Specialist
C. Job description, Chief Prosecuting Attorney
STAFF RECOMMENDATION:
AGENDA ITEM #6. h)
Approve reclassification of two Program Specialists to Senior Program Specialist, and reclass the Chief
Prosecuting Attorney position to a salary of Grade m38, effective January 1, 2018. Funds to implement these
recommendations are available within the Public Works and Legal Departments' 2018 budgets.
AGENDA ITEM #6. h)
HUMAN RESOURCES AND RISK MANAGEMENT
M E M O R A N D U M
DATE: October 18, 2017
TO: Jay Covington, Chief Administrative Officer
FROM: Ellen Bradley-Mak, HRRM Administrator
SUBJECT: Reclassification Request Response – Julie Pursell
BACKGROUND
The Program Specialist position filled by Julie Pursell was submitted for reclassification
review in June 2017. The incumbent believes that she has been performing the duties of
a Senior Program Specialist for 10 years. There currently is no series promotion
connecting the two positions.
ANALYSIS
After reviewing the class specifications for both the Program Specialist and the Senior
Program Specialist the following essential functions differentiate the senior level from the
entry level:
•Provide training, instruction and feedback to personnel in assigned work group;
provide information to staff on procedural or program changes; schedule and
assign tasks to ensure accomplishment of functions in a timely manner.
•Perform as Project Manager and provide work direction and guidance to others
working on Utility Systems programs. Provide technical expertise concerning
program-related documents, procedures and regulations.
•Assist in selecting new personnel; train new employees; notify supervisor of
discipline issues and other areas of concern, and provide input regarding work
performance and progress as requested.
•Prepare grants and proposals for new programs and public education; prepare
required reports and requests for reimbursement; assist in management of
program budgets.
•Negotiate and manage contracts (programs, consultant services, etc.), research
information, compile data, prepare necessary reports, charts and graphs.
The PDQ completed by the employee indicates that she is performing all of the senior
level duties, roughly 90% of the time. Additionally, she has more than the 2 years’
experience required for the senior level.
RECOMMENDATION
I recommend the employee be reclassified to Senior Program Specialist (a15) effective
January 1, 2018.
AGENDA ITEM #6. h)
HUMAN RESOURCES AND RISK MANAGEMENT
M E M O R A N D U M
DATE: October 18, 2017
TO: Jay Covington, Chief Administrative Officer
FROM: Ellen Bradley-Mak, HRRM Administrator
SUBJECT: Reclassification Request Response – Jina Kim
BACKGROUND
The Program Specialist position filled by Jina Kim was submitted for reclassification review
in June 2017. The incumbent believes that she has been performing the duties of a Senior
Program Specialist for 2 years. There currently is no series promotion connecting the two
positions.
ANALYSIS
After reviewing the class specifications for both the Program Specialist and the Senior
Program Specialist the following essential functions differentiate the senior level from the
entry level:
•Provide training, instruction and feedback to personnel in assigned work group;
provide information to staff on procedural or program changes; schedule and
assign tasks to ensure accomplishment of functions in a timely manner.
•Perform as Project Manager and provide work direction and guidance to others
working on Utility Systems programs. Provide technical expertise concerning
program-related documents, procedures and regulations.
•Assist in selecting new personnel; train new employees; notify supervisor of
discipline issues and other areas of concern, and provide input regarding work
performance and progress as requested.
•Prepare grants and proposals for new programs and public education; prepare
required reports and requests for reimbursement; assist in management of
program budgets.
•Negotiate and manage contracts (programs, consultant services, etc.), research
information, compile data, prepare necessary reports, charts and graphs.
The PDQ completed by the employee indicates that she is performing all of the senior
level duties, roughly 70% of the time. Additionally, she has more than the 2 years’
experience required for the senior level.
RECOMMENDATION
I recommend the employee be reclassified to Senior Program Specialist (a15) effective
January 1, 2018.
AGENDA ITEM #6. h)
h:\5 - human resources\9 - classifications_reorgs\2 - reclassifications\2017 reclassifications (effect jan 2018)\issue
papers\3 reclassification recommendation_clark.doc
HUMAN RESOURCES AND RISK MANAGEMENT
M E M O R A N D U M
DATE: October 18, 2017
TO: Jay Covington, Chief Administrative Officer
FROM: Ellen Bradley-Mak, HRRM Administrator
SUBJECT: Reclassification Request Recommendation – Iva Clark
BACKGOUND
In accordance with city policy 320-05, “Request for Reclassification,” Iva Clark, Chief
Prosecuting Attorney submitted a request to have her classification reviewed based on
the increased responsibilities of taking on the supervision of the legal assistants and
criminal paralegal; in essence, leading an entire division within a department.
ANALYSIS
As of March 2016, the Chief Prosecuting Attorney has been responsible for supervising
the legal assistants and criminal paralegal, a significant duty that was previously
performed by the Administrative Assistant. This responsibility is being performed by
Chief Prosecuting Attorneys in other local jurisdictions; it fits within the realm of this
type of position. This change coincided with the Chief Prosecuting Attorney becoming
less of a lead prosecutor to that of a division director; taking on the longer term
strategic planning for the division.
Another significant task that was added to this position; albeit not a significant
percentage of time, is conducting and overseeing prosecution related training for all
new police officers and leading the division’s participation in regular training updates for
all Police Officers. This function was added in response to the City wide survey and has
enhanced the relationship between the Police Department and City Attorney’s Office.
Conducting an internal equity analysis, the Chief Prosecuting Attorney has an equivalent
level of scope and authority of those positions at the Director level. The combined
equivalent education and experience of the Chief Prosecuting Attorney falls in line with
the Director level classifications. In addition, this position reports to an Administrator,
and trains and manages all staff assigned to the division, implements and improves
division procedures and processes.
AGENDA ITEM #6. h)
Jay Covington, CAO
Page 2 of 2
October 18, 2017
h:\5 - human resources\9 - classifications_reorgs\2 - reclassifications\2017 reclassifications (effect jan 2018)\issue
papers\3 reclassification recommendation_clark.doc
RECOMMENDATION
I recommended that the Chief Prosecuting Attorney position be reclassified to a higher
range, moving from grade m35 to m38, effective January 1, 2018.
AGENDA ITEM #6. h)
CLASS TITLE: SENIOR PROGRAM SPECIALIST (05180)
FLSA STATUS: BARGAINING UNIT: PAY RANGE:
Non Exempt AFSCME a15
JOB SUMMARY:
Perform analytical and professional duties in the Utility Systems Division. Complete tasks
according to established policies and procedures, work independently with limited
supervision, and contribute through knowledge, skills, and good work habits.
SUPERVISION:
Reports To: Assigned Supervisor
Supervises: None
JOB DUTIES/RESPONSIBILITIES:
Essential Functions:
• Develop, implement and coordinate Utility Systems programs.
• Develop and coordinate public education programs, presentations to the public,
production of educational materials and working with local media, and coordinate
regulatory compliance programs.
• Research new programs and activities related to Utility Systems that could include
piped utilities and/or solid waste management depending on area of specialty.
• Research and keep up-to-date on new regulations for Utility Systems, Prepare and
update required plans, reports and information to citizens or others, as needed.
• Collect and interpret data used to manage and evaluate Utility Systems programs;
develop spreadsheets and databases, graphing and analysis.
• Provide training, instruction and feedback to personnel in assigned work group;
provide information to staff on procedural or program changes; schedule and assign
tasks to ensure accomplishment of functions in a timely manner.
• Perform as Project Manager and provide work direction and guidance to others
working on Utility Systems programs. Provide technical expertise concerning
program-related documents, procedures and regulations.
• Assist in selecting new personnel; train new employees; notify supervisor of discipline
issues and other areas of concern, and provide input regarding work performance and
progress as requested.
• Prepare grants and proposals for new programs and public education; prepare
required reports and requests for reimbursement; assist in management of program
budgets.
AGENDA ITEM #6. h)
Senior Program Specialist- Continued Page 2
• Negotiate and manage contracts (programs, consultant services, etc.), research
information, compile data, prepare necessary reports, charts and graphs.
• Prepare correspondence, agenda bills, ordinances, resolutions, agenda bills and
related documents for administrative and legislative review.
• Conduct field inspections as needed, prepare required reports; assure permit and
other requirements are in compliance; follow customer issue resolution procedures in
resolving customer complaints.
• Interact with appropriate federal, state, local and private agencies as necessary.
• Remain current with relevant technological advancements as it relates to Utility
Systems.
• Maintain regular, reliable, and punctual attendance; work flexible evening and/or
weekend hours as required; ability to travel as required.
Standard Functions:
• Perform related duties as assigned.
• May be assigned to support critical city priorities during disasters or other
emergencies.
EDUCATION, EXPERIENCE, AND LICENSE REQUIREMENTS:
• 2 years of college-level course work in environmental studies, water resources or a
related discipline.
• 2 years’ experience in environmental studies, water resources, or a related field.
• Or 4 years relevant education and experience.
• Valid Washington State driver's license.
• Successful passing of a required background check.
KNOWLEDGE, SKILLS, AND ABILITIES REQUIREMENTS:
• Oral communication and presentation skills.
• Written communication skills, ensuring correct grammar, spelling, punctuation and
vocabulary.
• Technical writing skills.
• Interpersonal skills using tact, patience, and courtesy.
• Effective, professional, and positive interactions with difficult individuals.
• Understand and follow direction given.
• Meet schedules and deadlines.
• Accurate advanced mathematical skills.
• Recordkeeping and data entry skills.
• Report preparation and distribution skills.
• Research and analytical skills.
• Problem-solving skills.
• Decision-making and conflict-resolution skills.
• Detail-oriented and organization skills.
AGENDA ITEM #6. h)
Senior Program Specialist- Continued Page 3
• Ability to:
o Compose, proofread, and edit correspondence.
o Work independently.
o Generate complex reports.
o Perform technical duties related to assigned area of engineering specialty
within Utility Systems (piped utilities and solid waste management).
o Learn applicable laws, codes, regulations, policies and procedures.
o Compile and analyze technical information, maps, research data and other
pertinent data.
o Read, interpret and explain rules, regulations, policies and procedures.
o Establish and maintain cooperative and effective working relationships with
others.
o Train and provide work direction to others.
o Operate and manage databases and spreadsheets.
• Knowledge of:
o Utility systems issues as they relate to area of specialty.
o Public education and public relations practices.
o Public speaking techniques.
o Principles of training and providing work direction.
o Basic engineering methods, techniques, and principles.
WORK ENVIRONMENT/PHYSICAL DEMANDS:
The following represent the physical demands that must be met to successfully perform
the essential functions of this job:
• 80% of work is performed in a typical office environment and the remaining 20% is
performed throughout the facility and community.
• Driving and fieldwork required.
• Constantly operate a computer and other office equipment.
• Frequent communication with City employees and customers.
Approved reasonable accommodation requests will be made to enable individuals with
disabilities to perform the essential functions of the job.
Established Date: September 1996
Revised: March 2004, June 2009, January 2011, February 2, 2017
Original Title: Solid Waste Program Specialist
AGENDA ITEM #6. h)
CLASS TITLE: CHIEF PROSECUTING ATTORNEY (01403)
FLSA STATUS: BARGAINING UNIT: PAY RANGE:
Exempt Non Represented m38
JOB SUMMARY:
Oversee a small multi-function division that has direct reports. Direct the City Attorney
Department’s prosecution functions. Manage performance of staff, by promoting,
coaching, mentoring, and disciplining. Assist with budget preparation and control.
Cultivate internal and external customer relations. Develop business plans, goals, and
performance measures. Participate in policy development, updates, interpretation, and
administration.
SUPERVISION:
Reports To: City Attorney
Supervises: Prosecuting Attorneys, Paralegal, Legal Assistants
JOB DUTIES/RESPONSIBILITIES:
Essential Functions:
• Serve as Chief Prosecuting Attorney in criminal misdemeanor cases filed by the City;
represent the City in jury and bench trials, arraignments, pre-trials, motions,
sentencing, probation violations, and other misdemeanor and gross misdemeanor
hearings and cases. Establish, implement, and monitor short and long-range business
plans, goals, and performance measures of the division and department.
• Ensure effective customer service, efficient productivity, and functional operations of
the division.
• Serve as a liaison to senior management, reporting on the status of current projects,
identifying issues and assessing their impact, and proactively implementing and/or
recommending solutions.
• Provide technical and policy information to the public, and as necessary resolve
internal and external complaints, while maintaining positive relations.
• Develop the annual budget and financial reports, and monitor performance measures
of the division.
• Review and analyze cases and probable cause; investigate and charge criminal cases;
prepare documents including complaints, memorandums, and jury instructions; make
plea offers and negotiate in various cases.
• Manage and organize case information and analyze pertinent case facts and evidence;
research legal precedent and develop arguments as appropriate; perform a variety of
case preparation duties such as brief writing, negotiating, and interviewing witnesses;
litigate cases from filing through conviction and appeal.
AGENDA ITEM #6. h)
Chief Prosecuting Attorney - Continued Page 2
• Delegate/assign work to prosecuting attorneys and support staff in the prosecution
division in accordance with the City’s policies, procedures, labor contracts, applicable
laws, and its vision, mission, and values.
• Recruit, hire, train, recognize, promote, coach, mentor, develop, evaluate, and
discipline the performance of assigned staff; handle terminations in conjunction with
a superior.
• Communicate with witnesses, police, other attorneys, and defendants as needed;
communicate and coordinate with court administrative personnel, City departments,
public defenders and other personnel in matters related to criminal cases.
• Conduct and oversee prosecution related training for all new police officers and lead
the division’s participation in regular training updates for all police officers.
• Perform legal research and prepare opinions related to various legal issues; prepare
and draft ordinances and resolutions, contracts and other legal documents and
instruments.
• Communicate and coordinate with City departments including police, code
enforcement, and court staff, regarding procedure, the legality of documents and
instruments, and the prosecution of criminal cases.
• Periodically attend continuing legal education training to meet the Washington State
Bar Association requirements and to improve professional skills and build professional
networks in order to advance the performance of the Department’s prosecution
services
• Remain current with relevant technological advancements as it relates to field.
• Maintain regular, reliable, and punctual attendance; work flexible evening and/or
weekend hours as required; ability to travel as required.
Standard Functions:
• Establish guidelines, standards, and/or prosecution policies designed to provide
consistent, fair, and just application of the law within the city.
• Provide assistance on civil matters as necessary.
• Support and assist the City Attorney in representing the City on regional committees,
task force, and forums related to the criminal justice system.
• Prepare legislation and review legislative amendments and testify before the
legislature when appropriate.
• Perform related duties as assigned.
• May be assigned to support critical City priorities during disasters or other
emergencies.
EDUCATION, EXPERIENCE, AND LICENSE REQUIREMENTS:
• Juris Doctorate degree from a law school accredited by the American Bar Association.
• Current license to practice law in the State of Washington.
• 3-5 years municipal civil and criminal legal experience.
• One year supervisory or management experience.
AGENDA ITEM #6. h)
Chief Prosecuting Attorney - Continued Page 3
• Active membership in good standing with the Washington State Bar Association.
• Valid Washington State driver’s license.
• Successful passing of a required background check and national fingerprint based
check.
KNOWLEDGE, SKILLS, AND ABILITIES REQUIREMENTS:
• Oral communication and presentation skills.
• Written communication skills, ensuring correct grammar, spelling, punctuation and
vocabulary.
• Technical writing skills.
• Interpersonal skills using tact, patience, and courtesy.
• Effective, professional, and positive interactions with difficult individuals.
• Understand and follow direction given.
• Meet schedules and deadlines.
• Report preparation and distribution skills.
• Budget development and control skills.
• Research and analytical skills.
• Decision-making skills.
• Conflict resolution and problem-solving skills.
• Leadership skills.
• Detail-oriented and organization skills.
• Ability to:
o Perform comprehensive and professional criminal legal services, including
researching, drafting and writing briefs, opinions and ordinances.
o Supervise, train, assign and review the work of others.
o Prepare and deliver oral presentation and arguments.
o Perform legal research and investigation, including analyzing, organizing, and
evaluating case facts, evidence, and legal precedents.
o Render effective legal counsel and advice to City departments.
o Read, interpret, apply and explain codes, rules, regulation, policies and
procedures.
o Analyze situations accurately and adopt an effective course of action.
o Evaluate policies and practices; define problem areas; develop and direct
practices to improve operations.
o Demonstrate positive and effective interaction and communication with
individuals of diverse occupational and social-economic backgrounds.
o Maintain confidentiality.
• Knowledge of:
o City and State laws related to the prosecution of court cases.
o Legal research methodology.
o Case preparation and litigation techniques.
o Principles of training and providing work direction.
AGENDA ITEM #6. h)
Chief Prosecuting Attorney - Continued Page 4
o Negotiation and trial techniques and skills.
o Organization and analysis of case facts and legal precedents.
o Legality and preparation of various documents and instruments.
o City organization, operations, policies and objectives.
o Principles, practices, and procedures of civil and criminal law including court
procedures and rules and case decisions.
o Municipal government organizational structure, operations, policies,
objectives, and jurisdiction.
WORK ENVIRONMENT/PHYSICAL DEMANDS:
The following represent the physical demands that must be met to successfully perform
the essential functions of this job:
• Work is performed in an office and courtroom environment and involves moving
throughout the facilities and community.
• Driving between buildings required.
• Constantly operate a computer and other office equipment.
• Frequent communication with City employees and customers.
• Night meetings required.
Approved reasonable accommodation requests will be made to enable individuals with
disabilities to perform the essential functions of the job.
Established Date: January 2009
Revised: October 2017
Original Title:
AGENDA ITEM #6. h)
AB - 1963
City Council Regular Meeting - 06 Nov 2017
SUBJECT/TITLE: Amending Renton Municipal Code 10-5, Vehicle Impoundment
RECOMMENDED ACTION: Refer to Public Safety Committee
DEPARTMENT: Police
STAFF CONTACT: Chad Karlewicz, Commander
EXT.: 7640
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
Amend Renton Municipal Code (RMC) 10-5, Vehicle Impoundment to align RMC to State law and assign post -
impoundment jurisdiction from the City Hearing Examiner to the Renton Municipal Court.
EXHIBITS:
A. Draft Ordinance
STAFF RECOMMENDATION:
Approve the recommended amendment to Renton Municipal Code 10 -5.
AGENDA ITEM #6. i)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER
10‐5 OF THE RENTON MUNICIPAL CODE, CLARIFYING IMPOUNDMENT AND
REDEMPTION OF VEHICLE REGULATIONS, DESIGNATING THE RENTON
MUNICIPAL COURT AS THE POST IMPOUNDMENT HEARING VENUE, AND
PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I. Chapter 10‐5 of the Renton Municipal Code, is amended as follows:
CHAPTER 5
IMPOUNDMENT AND REDEMPTION OF VEHICLES
SECTION:
10‐5‐1: Definitions
10‐5‐2: Impoundment Of Vehicles, Notice
10‐5‐3: How Impoundment Is To Be Effected
10‐5‐4: Owner Of Impounded Vehicle To Be Notified
10‐5‐5: Redemption Of Impounded Vehicles
10‐5‐6: Cancellation Of Hearing Reserved
10‐5‐7: Post Impoundment Hearing Procedure
10‐5‐8: Abandoned Vehicles
10‐5‐9: Renton Police Department Record Of Impounded Vehicles
10‐5‐10: Approved Tow Company Duties And Records
10‐5‐11: Severability
10‐5‐12: Approved Tow Rates Required
10‐5‐13: Penalties For Violations By Approved Tow Agency
10‐5‐1 DEFINITIONS:
APPROVED TOW COMPANY: Any person, firm, partnership, tow operator,
association or corporation approved by the Renton Police Department that
engages in the impounding, transporting, or storage of unauthorized vehicles, or
the disposal of abandoned vehicles. Approved tow companies must comply with
all State laws, County ordinances, and any Federal law including antitrust laws.
AGENDA ITEM #6. i)
ORDINANCE NO. ________
2
HIGHWAY: The entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for purposes of
vehicular travel.
IMPOUNDMENT: As used in this Chapter, impoundment shall have the definition
set forth in RCW 46.55 for “impound” and, in addition, shall include tThe removal
of a vehicle to a storage facility either by an officer or authorized agent of the
Renton Police Department or by an approved towing company for towing and
storage in response to a request from an officer or authorized agent of the Renton
Police Department.
VEHICLES: As used in this Chapter, vehicle shall have the definition set forth in
RCW 46.04 and, in addition, shall include any vehicle hulk as the same is defined
in Renton Municipal Code Section RMC 6‐1‐1.
10‐5‐2 IMPOUNDMENT OF VEHICLES, NOTICE:
A. When A Vehicle May Be Impounded Without Prior Notice: A vehicle may
be impounded without prior notice to its owner for any of the following reasons:
1. The vehicle is impeding or is likely to impede the normal flow of
vehicular or pedestrian traffic;
2. The vehicle is illegally parked in a conspicuously posted restricted zone
where parking is limited to designated classes of vehicles or is prohibited during
certain hours, on designated days or at any time and where the vehicle is
interfering or likely to interfere with the intended use of such a zone;
3. The vehicle poses an immediate danger to public safety;
AGENDA ITEM #6. i)
ORDINANCE NO. ________
3
4. A police officer has information sufficient to form a reasonable belief
that the vehicle is stolen;
51. A police officer has information sufficient to form a reasonable belief
that the vehicle constitutes evidence of a crime or contains evidence of a crime, if
impoundment is reasonably necessary to obtain or preserve such evidence.
62. The vehicle is parked without authorization on residential property.
73. The vehicle is parked on private, nonresidential property, properly
posted under RCW 46.55.070.
84. Impound is authorized or required by law.
Nothing in such this Section shall be construed to authorize seizure of a
vehicle without a warrant where a warrant would otherwise be required.
B. When A Vehicle May Be Impounded After Notice: A vehicle not subject
to impoundment under Section RMC 10‐5‐2.A may be impounded after notice of
such proposed impoundment has been attached to and conspicuously displayed
on the vehicle for a period of twenty‐four (24) hours prior to such impoundment,
for the following reasons:
1. Such vehicle is left unattended on a public hHighway.
2. Such vehicle is a junk or abandoned vehicle, as defined in Renton
Municipal Code Section RMC 6‐1‐1.
3. Such vehicle is left unattended on private property not posted in
accordance with RCW 46.55.070.
AGENDA ITEM #6. i)
ORDINANCE NO. ________
4
10‐5‐3 HOW IMPOUNDMENT IS TO BE EFFECTED:
When impoundment is authorized by this Chapter, a vehicle may be impounded
by an approved towing company at the request of an officer or authorized agent
of the Renton Police Department.
10‐5‐4 OWNER OF IMPOUNDED VEHICLE TO BE NOTIFIED:
A. Not more than forty‐eight (48) twenty‐four (24) hours after impoundment
of any vehicle, the Renton Police Department shall mail cause a notice of impound,
hereinafter referred to as the impound report, and notice of redemption and
opportunity for a hearing to be mailed to the registered owner and legal owner of
an impounded vehicle, as may be disclosed by the vehicle license number, or
vehicle identification number (VIN), if such be obtainable, unless the impound
report shall be mailed to the registered owner at the address provided by the
Washington State Department of Motor Vehicles Licensing, or the corresponding
agency of any other state or province. If the officer requesting the impound has
reason to believe that the registered owner is residing or is in custody at some
different address known to the officer, a copy of the impound report and notice
of redemption and opportunity for a hearing shall be sent to that address. The
impound report shall contain the particulars of the impoundment, the name and
address of the tow company involved, and location of storage if not that
company’s address.
B. Written notice of redemption and opportunity for a hearing as set forth
on a form provided by the Renton Police Department and a copy of the tow and
AGENDA ITEM #6. i)
ORDINANCE NO. ________
5
storage receipt shall be given by the tow company to each person who seeks to
redeem an impounded vehicle. The tow company shall maintain a record
evidenced by the redeeming person’s signature that such notification was
provided.
C. Similar written notice and record of notification for redemption and
opportunity for a hearing as set forth on a form provided by the Renton Police
Department shall likewise be given by the tow company at the time of releasing a
vehicle impounded for investigatory purposes pursuant to Section RMC 10‐5‐
2.A.5. The Renton Police Department shall notify the tow company of the
authorization to release such vehicle.
10‐5‐5 REDEMPTION OF IMPOUNDED VEHICLES:
Vehicles impounded by the City shall be redeemed only under the following
circumstances:
A. Only the registered owner, a person authorized by the registered owner,
or one who has purchased a vehicle from the registered owner, who produces
proof of ownership or authorization and signs a receipt therefor, may redeem an
impounded vehicle.
B. Any person so redeeming a vehicle impounded by the City shall pay to the
towing company the costs of impoundment (towing and storage) prior to
redeeming such vehicle.
AGENDA ITEM #6. i)
ORDINANCE NO. ________
6
C. Any person seeking to redeem an impounded vehicle has a right to a
hearing to contest the validity of the impoundment or the amount of towing and
storage charges, except no appeal shall be had when:
1. The appeal is to the tow company rates and the rates do not exceed
those approved by the City.
2. The vehicle was impounded because it was stolen or used in the
commission of a felony.
10‐5‐6 RESERVED CANCELLATION OF HEARING:
Any person redeeming an impounded vehicle in accordance with Section RMC 10‐
5‐5.C shall have until ten (10) days after the date of the request to cancel the
hearing. If a hearing is cancelled more than ten (10) days after its request, then a
ten dollar ($10.00) cancellation fee must be paid to the City.
10‐5‐7 POST IMPOUNDMENT HEARING PROCEDURE:
A. Hearings requested pursuant to Section RMC 10‐5‐4 hereof shall be held
by the City Hearing Examiner Renton Municipal Court.
B. The Hearing Examiner Renton Municipal Court shall, within ten five (510)
days after the request for a hearing, notify the registered tow truck operator, the
person requesting the hearing if not the owner, the registered and legal owners
of the vehicle or other item of personal property registered or titled with the
department, and the person or agency authorizing the impound shall notify the
motor vehicle owner in writing of:
1. The hearing date and time; and
AGENDA ITEM #6. i)
ORDINANCE NO. ________
7
2. If the owner of the motor vehicle desires to have the police officer
responsible for the impoundment or a representative of the towing company
present at the hearing, a written request on a document provided by the Hearing
Examiner must be returned to the Hearing Examiner Renton Municipal Court no
later than ten (10) days prior to the hearing date;
3. In absence of such a request, the officer’s impound report and/or tow
company’s tow and storage receipt shall be received in evidence.
C. At the hearing, the Police Department may produce any relevant evidence
to show that the impound was proper. In absence of a request by the vehicle
owner pursuant to Section RMC 10‐5‐7.B and Section RMC 10‐5‐7.D of this
Section, the officer’s impound report and/or tow company’s tow and storage
receipt shall be received in evidence. In determining whether the fees charged
were proper, the Hearing Examiner Judge may take notice of the tow company’s
rates which shall be filed with the Hearing Examiner Renton Municipal Court and
available for public inspection.
D. At the hearing, the owner of the motor vehicle impounded may produce
any relevant evidence to show that the impound and/or towing and/or storage
fees charged were not proper.
E. In lieu of a personal appearance, the owner of the motor vehicle
impounded may provide the Hearing Examiner with a written statement of
position which the Hearing Examiner may consider in the same manner as the
officer’s impound report and the tow company’s tow and storage receipt.
AGENDA ITEM #6. i)
ORDINANCE NO. ________
8
F. At the conclusion of the hearing, and within no later than thirty (30) days
following the hearing, the Hearing Examiner Judge shall determine whether the
towing or storage fees charged were in compliance with the posted rates and who
is responsible for payment of the fees. The court may not adjust fees or charges
that are in compliance with the posted or contracted rates. whether the
impoundment, and/or towing, and/or storage fees charged were proper and
provide both parties with a copy of his decision setting forth in writing the reasons
for the determination reached. Should the Hearing Examiner Judge determine
that the towing and/or storage fees charged were not proper, then the Hearing
Examiner Judge shall determine the proper amount. After each hearing, the court
shall provide both parties with a copy of the court’s decision setting forth in
writing the reasons for the determination reached, and provide a copy of the
decision to the tow company and the Renton Police Department. and provide a
copy of his decision to the tow company and the Police Department.
G. If the impoundment is found determined to be proper, the expense of the
hearing shall be assessed as a civil monetary penalty against the owner of the
vehicle impounded. The appearance cost of an approved tow company’s
representative if requested shall be a cost assessed, Section RMC 10‐5‐7.I of this
Section notwithstanding.
H. If the impound is not found determined to be proper the owner of the
vehicle shall bear no costs, and the City shall refund to the owner shall be refunded
the cost of towing and storage.
AGENDA ITEM #6. i)
ORDINANCE NO. ________
9
I. Compensation for the hearing appearance of a representative of an
approved tow company shall be paid by the City at the rate of fifteen dollars
($15.00) for such person’s appearance.
JI. Nothing in this Chapter shall be construed to prevent the Hearing
Examiner Judge exercising discretion in assessing penalties, costs or arranging
time payments if justice so requires.
10‐5‐8 ABANDONED VEHICLES:
Any impounded vehicle not redeemed within fifteen (15) days of mailing of the
notice required by Section 10‐5‐4 of this Chapter shall be deemed abandoned;
provided that, if the Police Department has reason to believe that the owner of
such impounded vehicle is in custody of the Police Department jail incarcerated,
it shall be presumed that the vehicle is not abandoned until after the prisoner has
had an opportunity to be heard regarding the propriety of the impoundment and
circumstances giving rise to such impoundment; provided further that, in the case
of a vehicle impounded by order of a police officer and held pursuant to police
order, the fifteen (15) days shall not begin until forty‐eight (48) hours after the
Police Department shall have notified both the owner and the towing company in
accordance with Section RMC 10‐5‐4.C that it has authorized the release of the
vehicle. Any vehicle so determined to have been abandoned shall be deemed to
be in custody of the Chief of Police.
AGENDA ITEM #6. i)
ORDINANCE NO. ________
10
No tow truck operator shall sell or otherwise dispose of an abandoned vehicle
regardless of its age unless he has first complied with the provisions of
RCW 46.52.120 and 46.55.130.
In the case of failure to redeem an abandoned vehicle under RCW 46.55.120 an
officer shall send a notice of infraction by certified mail to the last known address
of the registered owner of the vehicle.
10‐5‐9 RENTON POLICE DEPARTMENT RECORD OF IMPOUNDED VEHICLES:
The Police Department shall keep, and make available for inspection, a record of
all vehicles impounded under the provisions of this Chapter. The record shall
include at least the following information:
A. Vehicle make, year and model;
B. Vehicle license number and state of registration;
C. Vehicle identification number, if ascertainable;
D. Such other descriptive information as the Chief of Police deems useful for
purposes of vehicle identification;
E. Name of impounding officer and serial number; and
F. Reason for impoundment, and the time, date and location the approved
towing company took custody.
10‐5‐10 APPROVED TOW COMPANY DUTIES AND RECORDS:
Each approved tow company as conditions of approval in addition to fully
complying with the standards set by the Police Department must:
A. File its towing and storage rates with the Police Department.
AGENDA ITEM #6. i)
ORDINANCE NO. ________
11
B. Mail within twenty‐four (24) hours of receipt thereof a fully completed
and signed copy of any requests for hearing and promissory note and copy of the
tow and storage receipt to the Hearing Examiner Renton Municipal Court.
C. Keep, and make available for Police Department inspection, a record of all
vehicles which it impounds under the provisions of this Chapter. The record shall
include:
1. A copy of each tow and storage receipt which shall contain at least the
following information:
a. Information on the person securing the release of a towed vehicle,
including the person’s name, relationship to owner (if not the owner), driver’s
license number, signature and address;
b. Vehicle make, year, license and identification numbers;
c. Any unusual circumstance of the tow;
d. Time, date, location of tow and distance towed;
e. Name of tow truck driver and his signature.
2. A copy of each request for a hearing for all vehicles redeemed, signed
by the redeeming person.
3. A copy of each monthly notarized claim for reimbursement for towing,
storage and mailing costs.
10‐5‐11 SEVERABILITY:
AGENDA ITEM #6. i)
ORDINANCE NO. ________
12
Should any section, subsection, paragraph, sentence, clause or phrase of this
Chapter be declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining portions of this Chapter.
10‐5‐12 APPROVED TOW RATES REQUIRED:
Each approved tow company shall have its tow rates approved by the Police
Department, and an approved tow company shall not charge greater than its
approved tow rates. To the greatest extent possible, the approved tow rates shall
be equivalent to those approved by the State patrol for tows it initiates.
10‐5‐13 PENALTIES FOR VIOLATIONS BY APPROVED TOW AGENCY:
Should any approved tow agency violate any section of this Chapter, including
charging fees in excess of the approved tow rates, then it shall be subject to
progressive penalties. For the first violation of the Code this Chapter, the
offending tow agency shall be charged a civil penalty of not more than one two
hundred fifty dollars ($100250.00). For the second such violation within any
calendar year, the tow agency shall be penalized up to five hundred dollars
($500.00). For the third and subsequent violations, the tow agency may be placed
on probation, temporarily removed from the list of tow agencies, or removed from
the list of approved tow agencies and not permitted to reapply for inclusion within
that list for a period of one (1) year. Each penalty shall be determined by the Police
Chief or his designee after reviewing the available information. Should the tow
agency be aggrieved by the decision of the Police Chief or his designee, then the
tow agency may appeal, within twenty (20) days of receipt of notification of any
AGENDA ITEM #6. i)
ORDINANCE NO. ________
13
penalty, to the Hearing Examiner. Such appeal shall be in writing and shall state
all reasons why the aggrieved agency is appealing. The Hearing Examiner’s
decision shall be rendered not more than thirty (30) days after an appeal hearing
to be established by the Hearing Examiner. Any appeal from the Hearing
Examiner’s decision shall be to Superior Court within twenty (20) days of the
Hearing Examiner’s written decision.
SECTION II. 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 III. 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
AGENDA ITEM #6. i)
ORDINANCE NO. ________
14
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1968:10/30/17:scr
AGENDA ITEM #6. i)
AB - 2016
City Council Regular Meeting - 06 Nov 2017
SUBJECT/TITLE: Police Department Reorganization
RECOMMENDED ACTION: Refer to Public Safety Committee
DEPARTMENT: Police
STAFF CONTACT: Kevin Milosevich, Police Chief
EXT.: 7503
FISCAL IMPACT SUMMARY:
An approximate increase of $10,000 per year.
SUMMARY OF ACTION:
In an effort to more efficiently manage the Police Department, a change in the organizational structure of the
Department is requested by eliminating a Commander position and adding a second Deputy Chief position.
To effectively guide the Department, we must focus our efforts in a wide array of disciplines. These disciplines
include traditional police work, both reactive and proactive; community outreach by being present at events
and through various social media platforms; recruitment and retention of a highly qualified and trained
workforce; and by working collaboratively with groups, neighborhoods, and business leaders to provide
outstanding service to our community.
This reorganization will:
• Lead to a reduced span of control for the current Deputy Chief.
• Separate the divisions into effective work groups by function that will increase effectiveness.
• Enable the Administration in meeting needs of both the Department and the Community.
EXHIBITS:
N/A
STAFF RECOMMENDATION:
Approve and authorize the reorganization of the Police Department by eliminating a Commander position and
adding a second Deputy Chief position.
AGENDA ITEM #6. j)
AB - 2017
City Council Regular Meeting - 06 Nov 2017
SUBJECT/TITLE: Non-Commissioned Employee Recruitment Bonus
RECOMMENDED ACTION: Refer to Public Safety Committee
DEPARTMENT: Police
STAFF CONTACT: Kevin Milosevich, Police Chief
EXT.: 7503
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
The best recruiters for new employees are our current employees. Currently, commissioned officers receive a
$500 bonus should they successfully recruit a lateral officer to join the Department. We want to provide this
same bonus to non-commissioned employees who successfully recruit either lateral police officers or
experienced non-commissioned staff. The reduced time in training experienced personnel easily outweighs
the recruitment bonus received by the current employee.
EXHIBITS:
N/A
STAFF RECOMMENDATION:
Approve and authorize the recruitment bonus for non-commissioned employees.
AGENDA ITEM #6. k)
AB - 2022
City Council Regular Meeting - 06 Nov 2017
SUBJECT/TITLE: Project Acceptance: Renton Highlands Sewer and Manhole
Rehabilitation Phase I CAG-16-196 with Insituform Technologies, LLC
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Utility Systems Division
STAFF CONTACT: John Hobson, Wastewater Utility Engineer
EXT.: 7279
FISCAL IMPACT SUMMARY:
The original contract amount was $1,269,423.43 and the final contract amount is $1,241,391.80. The contract
was fully funded through the Wastewater Utility Capital Improvement Program. There is sufficient funding in
the approved 2017 Wastewater Utility Capital Improvement Program budget for the Renton Highlands Sewer
and Manhole Rehabilitation Phase I Project (426.465515).
SUMMARY OF ACTION:
The Renton Highlands Sewer & Manhole Rehabilitation Phase I Project was awarded to Insituform
Technologies, LLC on January 23, 2017. Project construction began on April 10, 2017, and was completed on
August 25, 2017.
This project utilized cured-in-place pipe (CIPP) technology and consisted of rehabilitating:
• 31,836 linear feet of 6-inch, 8-inch and 10-inch sewer mains.
• 332 linear feet of 21-inch sewer mains.
• 121 brick sanitary sewer manholes.
During project construction, no change orders were issued.
All work for the project has been completed and is ready for Final Acceptance by City Council.
EXHIBITS:
A. Notice of Completion of Public Works Contract
STAFF RECOMMENDATION:
Accept the Renton Highlands Sewer and Manhole Rehabilitation Phase I Project and release the retainage in
the amount of $56,426.90 after 60 days, subject to the receipt of all required authorizations.
AGENDA ITEM #6. l)
Revised #
Assigned to:
UBI Number:
Yes No
Yes
Telephone #
Bond Number:
If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number.
Date Work Commenced Date Work Completed
Contractor Address
Date Contract Awarded
Retainage Bond Contract/Payment bond (valid for federally funded transportation projects)
Name:
Department Use Only
Original
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
Project Name
Date Assigned:
Job Order Contracting
Federally funded transportation project?
Contractor's Name
Description of Work Done/Include Jobsite Address(es)
Affidavit ID*
No (if yes, provide Contract Bond Statement below)
Name & Mailing Address of Public Agency
E-mail Address
Contract Number
Notice is hereby given relative to the completion of contract or project described below
Date:Contractor's UBI Number:
Date Work Accepted
Were Subcontracters used on this project? If so, please complete Addendum A. Yes No
$
$$
$$
$$
%
$
$$
Contact Name:Title:
Affidavit ID* - No L&I release will be granted until all affidavits are listed.
Amount Disbursed
p
Sales Tax Rate
Contract Amount
NOTE: These two totals must be equal
TOTAL
Comments:
Sales Tax Amount
Reductions ( - )
Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract.
NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates.
Submitting Form: Please submit the completed form by email to all three agencies below.
TOTAL
Liquidated Damages
Email Address: Phone Number:
p
Sub-Total
Additions ( + )
Amount Retained
(If various rates apply, please send a breakdown)
Contract Release
(855) 545-8163, option # 4
ContractRelease@LNI.WA.GOV
Employment Security
Department
Registration, Inquiry,
Standards & Coordination
Unit
(360) 902-9450
publicworks@esd.wa.gov
Department of Revenue
Public Works Section
(360) 704-5650
PWC@dor.wa.gov
F215-038-000 10-2014REV 31 0020e (10/26/15)
p@g
AGENDA ITEM #6. l)
Subcontractor's Name:UBI Number: (Required)Affidavit ID*
Addendum A: Please List all Subcontractors and Sub-tiers Below
This addendum can be submitted in other formats.
Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed.
For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the
Washington Relay Service by calling 711.
REV 31 0020e Addendum (10/26/15)F215-038-000 10-2014
AGENDA ITEM #6. l)
AB - 2025
City Council Regular Meeting - 06 Nov 2017
SUBJECT/TITLE: Illicit Discharge Regulation Code Amendment
RECOMMENDED ACTION: Refer to Planning Commission and Planning & Development Committee
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Ron Straka, Surface Water Utility Engineering Manager
EXT.: 7248
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
The City of Renton holds a Western Washington Phase II Municipal Stormwater Permit (Permit) issued by the
Washington State Department of Ecology. The Permit requires that the permittee adopt an ordinance or
regulatory mechanism to effectively prohibit illicit discharges into the City’s storm sewer system. The draft
code amendments clarify existing code provisions for the prohibition of illicit discharge and update definitions
for consistency with the Permit.
In 2009 the City of Renton adopted Ordinance 5478, amending Renton Municipal Code (RMC) Section 4-6-030
in order to meet the requirements of the 2007-2012 Western Washington Phase II Municipal Stormwater
Permit. The Permit is reissued every 5 to 6 years by the Washington State Department of Ecology and requires
periodic updates to local stormwater codes. RMC 4 -6-030 regulates illicit stormwater discharges to the
municipal separate storm sewer system to prevent contamination of surface water, groundwater and
watercourses. The draft code amendments update the definitions in RMC 4-6-100 and clarify prohibited,
allowable and conditionally allowable discharges in RMC 4-6-030 to be consistent with the current 2013-2018
Permit.
City staff would like to begin working with the Planning Commission to review these potential code revisions.
Following their review, the Planning Commission will make a recommendation to Council for their
consideration.
EXHIBITS:
A. Draft Code Amendments
STAFF RECOMMENDATION:
Refer to Planning Commission and Planning and Development Committee for review. Following this review
the Planning Commission will present recommendations to City Council.
AGENDA ITEM #6. m)
Draft Code Amendments
4-6-100 DEFINITIONS OF TERMS USED IN THIS CHAPTER:
ILLICIT CONNECTION: Any infrastructure unlawful connection to the municipal stormwater sewer system
that is not intended, permitted or used for collecting and conveyings pollution or contaminants or anything
not entirely composed of surface water and stormwater or non-stormwater discharges allowed as
specified in Section 4-6-030 directly into such facilities. Examples include sanitary sewer connections,
floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the MS4. (Ord.
5478, 8-3-2009)
ILLICIT DISCHARGE: An discharge to the MS4unlawful conveyance of pollution or contaminants or
anything that is not entirely composed of surface water and stormwater directly or indirectly into the
municipal stormwater sewer system, whether it be surface water and/or groundwateror of non-stormwater
discharges allowed as specified in Section 4-6-030. (Ord. 5478, 8-3-2009)
MS4: See “Municipal Separate Storm Sewer System.” (Ord. 5478, 8-3-2009)
MUNICIPAL SEPARATE STORM SEWER SYSTEM: A conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels,
or storm drains):
a. Owned or operated by the City of Renton;
b. Designed or used for collecting or conveying stormwater;
c. Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR 122.2; and
d. Which is not a combined sewer. (Ord. 5478, 8-3-2009)
e. Which is defined as “large” or “medium” or “small” or otherwise designated by Ecology pursuant to 40
CFR 122.26.
PUBLICLY OWNED TREATMENT WORKS: Any device or system used in treatment of municipal
sewage or industrial wastes of a liquid nature which is publicly owned. (Ord. 5478, 8-3-2009)
STORMWATER: Runoff during and following precipitation and snowmelt events, including surface runoff,
drainage or interflow.
4-6-030 DRAINAGE (SURFACE WATER) STANDARDS:
AGENDA ITEM #6. m)
J. DISCHARGE PROHIBITION:
1. Prohibition of Illicit Discharge: Materials, whether or not solids or liquids, other than surface water
and stormwater shall not be spilled, leaked, emitted, discharged, disposed or allowed to escape into the
storm sewer and/or drain system, surface water, groundwater, or watercourses.
a. Examples of illicit discharge include but are not limited to the following:
i. Trash, debris or garbage;
ii. Construction materials or wastewater;
iii. Petroleum products, including but not limited to oil, gasoline, greases, fuel oil or heating oil;
iv. Antifreeze, brake fluid, windshield cleaner and other automotive products;
v. Metals in either particulate or dissolved form;
vi. Flammable or explosive materials or substances;
vii. Radioactive materials;
viii. Acids or batteries of any kind;
ix. Alkalis or bases;
x. Paints, stains, resins, lacquers, or varnishes;
xi. Degreasers, solvents or chemicals used in laundries or dry cleaners;
xii. Drain cleaners;
xiii. Pesticides, herbicides and fertilizers;
xiv. Steam cleaning wastes;
xv. Soaps, detergents, ammonias;
xvi. Swimming pool or spa cleaning wastewater and filter backwash containing water disinfectants
(chlorine, bromine, or other chemicals);
xvii. Heated water;
AGENDA ITEM #6. m)
xviii. Domestic animal waste;
xix. Sewage;
xx. Recreational vehicle wastewater or sewage;
xxi. Animal carcasses;
xxii. Food waste;
xxiii. Bark and other fibrous material;
xxiv. Collected lawn clippings, leaves, branches or other yard waste material;
xxv. Silt, sediment or gravel;
xxvi. Dyes, except as stated in subsection b.xiii of this section;
xxvii. Chemicals not normally found in uncontaminated water;
xxviii. Wastewater or process water (including filtered or purified);
xxix. Any pollution or contaminant as referenced in the Stormwater Pollution Prevention Manual;
and
xxx. Any hazardous material as defined in RMC 4-11-080, or waste not listed above and any
other process-associated discharge except as otherwise allowed in this Section. (Ord. 5828, 12-
12-2016)
b. Allowable discharges. The following types of are examples of allowed discharges shall not be
considered illicit discharges by this Section if the discharges do not contain pollutants and unless the
Administrator evaluates and determines that they are causing an adverse impactthe type of
discharge, whether singly or in combination with others, is causing or is likely to cause significant
pollution of surface water or groundwater:
i. Diverted stream flows;
ii. Spring water;
AGENDA ITEM #6. m)
iii. Rising groundwater;
iv. Uncontaminated groundwater infiltration (as defined in 40 CFR 35.2005(b)(20));
v. Uncontaminated pumped groundwater;
vi. Foundation andor footing drains;
vii. Uncontaminated Wwater from crawl space pumps;
viii. Air conditioning condensation;
ix. Flows from riparian habitats and wetlands;
x. Discharges from emergency fire fighting activities in accordance with the Western Washington
Phase II Municipal Stormwater Permit Section S2 Authorized Discharges;
xi. Discharges specified in writing by the authorized enforcement agency as being necessary to
protect public health and safety;
xii. Irrigation water from an agricultural source that is commingled with stormwater runoff;
xiii. Storm system dye testing is allowable, by the City, and any dye testing by others , but
requires verbal notification to the Public Works Department at least one day prior to the date of
the test. The City is exempt from this requirement;
xiv. Nonstormwater discharges authorized by another NPDES or State Waste Discharge Permit.
(Ord. 5828, 12-12-2016)
c. Activities that may result in illicit discharge, unless the application of best management practices
(BMPs) as specified in the Stormwater Pollution Prevention Manual are utilized, include but are not
limited to:Conditionally Allowable Discharges. These discharges are allowed if the stated conditions
are met, unless the Administrator determines that the type of discharge, whether singly or in
combination with others, is causing or is likely to cause significant pollution to surface water or
groundwater:
i. Discharges from potable water sources, including but not limited to water line flushing,
hyperchlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test
water. Planned discharges shall be dechlorinated to a total residual chlorine concentration of 0.1
AGENDA ITEM #6. m)
ppm or less, pH-adjusted, if necessary, and volumetrically and velocity controlled to prevent
resuspension of sediments into the MS4;
ii. Discharges from lawn watering and other irrigation runoff. These discharges shall be minimized
through, at a minimum, public education activities and water conservation efforts;
iii. Dechlorinated swimming pool, spa, and hot tub discharges. The discharges shall be
dechlorinated to a total residual chlorine concentration of 0.1 ppm or less, pH-adjusted and
reoxygenized if necessary, volumetrically and velocity controlled to prevent resuspension of
sediments in the MS4. Discharges shall be thermally controlled to prevent an increase in
temperature of the receiving water. Swimming pool cleaning wastewater and filter backwash shall
not be discharged to the MS4;
iiiiv. Dust control with potable water; Street and sidewalk wash water, water used to control dust,
and routine external building washdown that does not use detergents. The discharges shall be
minimized through, at a minimum, public education activities and/or water conservation efforts.
iv. Automotive, airplane and boat washing;
v. Pavement and building washing;
vi. Dechlorinated swimming pool discharges. The discharges shall be dechlorinated to a
concentration of 0.1 ppm or less, pH-adjusted and reoxygenized if necessary, volumetrically and velocity
controlled to prevent resuspension of sediments in the MS4;
vii. Auto repair and maintenance;
viii. Building repair and maintenance;
ix. Landscape maintenance;
x. Hazardous waste handling;
xi. Solid and food waste handling;
xii. Application of pesticides;
xiiiv. Non-stormwater discharge permitted under another NPDES permit; provided, that the
discharge is in full compliance with all requirements of the permit, waiver, or other applicable
requirements and regulations.
AGENDA ITEM #6. m)
vi. Other non-stormwater discharges. The discharges shall be in compliance with the
requirements of a pollution prevention plan reviewed by the City/Administrator or designee, which
addresses control of such discharges.
d. A person does not violate this subsection J if:
i. That person has properly designed, constructed, implemented and is maintaining BMPs as
required by this Chapter and Section, but contaminants continue to enter surface and stormwater
and underground water;
ii. That person can demonstrate that there are no additional contaminants in discharges from the
site above the background conditions of water entering the site;
iii. The discharge is a result of an emergency response activity or other action that must be
undertaken immediately or within a time too short to allow full compliance with this Chapter or
Section in order to avoid an imminent threat to public health or safety. The Administrator by public
rule may specify actions that qualify for this exemption in City procedures. A person undertaking
emergency response activities shall take steps to assure that the discharges resulting from such
activities are minimized. In addition, this person shall evaluate BMPs to restrict recurrence.
e. Any person who knowingly allows or permits any prohibited discharges, as set forth in this
subsection J or the Stormwater Pollution Prevention Manual, through illicit connections, dumping,
spills, improper maintenance of BMPs or other discharges, that allow contaminants to enter surface
and stormwater or groundwater, shall be in violation of this Section.
2. Prohibition of Illicit Connections: The construction, use, maintenance or continued existence of any
connection identified by the Administrator, that may convey any pollution or contaminants or anything not
composed entirely of surface water and stormwater, directly into the MS4, is prohibited, including without
limitation, existing illicit connections regardless of whether the connection was permissible under law or
practices applicable or prevailing at the time of connection. (Ord. 5676, 12-3-2012)
3. Remedy:
a. The person and/or property owner responsible for an illicit connection and/or illicit discharge shall
initiate and complete all actions necessary to remedy the effects of such connection or discharge at
no cost to the City.
b. If the person responsible for an illicit connection or illicit discharge and/or the owner of the property
on which the illicit connection or illicit discharge has occurred fails to address the illicit connection or
AGENDA ITEM #6. m)
illicit discharge in a timely manner, the Administrator shall have the authority to implement removal or
remedial actions following lawful entry upon the property. Such actions may include, but not be limited
to: installation of monitoring wells; collection and laboratory testing of water, soil, and waste samples;
cleanup and disposal of the illicit discharge, and remediation of soil and/or groundwater. The property
owner and/or other person responsible for the release of an illicit discharge shall be responsible for
any costs incurred by the Public Works Department or its authorized agents in the conduct of such
remedial actions and shall be responsible for City expenses incurred due to the illicit connection or
illicit discharge, including but not limited to removal and/or remedial actions in accordance with RMC
1-3-3.
c. Compliance with this subsection shall be achieved through the implementation and maintenance of
best management practices (BMPs) described in the Stormwater Pollution Prevention Manual. The
Administrator shall initially rely on education and informational assistance to gain compliance with this
subsection, unless the Administrator determines a violation poses a hazard to public health, safety, or
welfare, endangers any property and/or other property owned or maintained by the City, and
therefore should be addressed through immediate penalties. The Administrator may demand
immediate cessation of illicit discharges and assess penalties for violations that are an imminent or
substantial danger to the health or welfare of persons or danger to the environment. (Ord. 5676, 12-3-
2012; Ord. 5749, 1-12-2015)
4. Elimination of Illicit Connection and/or Illicit Discharge:
a. Notice of Violation: Whenever the Administrator finds that a person has violated a prohibition or
failed to meet a requirement of this Section, he or she may order compliance by written notice of
violation to the property owner and/or responsible person, by first class and certified mail with return
receipt requested. Such notice may require without limitation:
i. The performance of monitoring, analyses, and reporting by the violator;
ii. The elimination of illicit connections or discharges;
iii. That violating discharges, practices, or operations shall immediately cease and desist;
iv. The abatement or remediation of stormwater pollution or contamination hazards and the
restoration of any affected property; and
v. The implementation of source control or treatment BMPs. Any person responsible for a
property or premises which is, or may be, the source of an illicit discharge, may be required to
AGENDA ITEM #6. m)
implement, at said person’s expense, additional structural and nonstructural BMPs to prevent the
further discharge of pollutants to the municipal separate storm sewer system and/or waters of the
State. These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary
for compliance with requirements of the NPDES permit.
b. Requirement to Eliminate Illicit Connection: The Administrator shall send a written notice, sent
by first class and certified mail with return receipt requested, to the property owner and/or the person
responsible for the illicit connection, informing the property owner or person responsible for an illicit
connection to the MS4 that the connection must be terminated by a specified date.
c. Requirement to Eliminate Illicit Discharges: The Administrator shall send a written notice, sent
by first class and certified mail with return receipt requested to the property owner and/or the person
responsible for the illicit discharge, informing the property owner or person responsible for an illicit
discharge to the MS4, whether it be surface water and/or groundwater, that the discharge must be
terminated by a specified date.
d. Sample and Analysis: When the Administrator has reason to believe that an illicit connection is
resulting in an illicit discharge, the Administrator may sample and analyze the discharge and recover
the cost of such sampling and analysis from the property owner or person responsible for such illicit
connection or discharge pursuant to RMC 1-3-3, as now or as hereafter may be amended, and
require the person permitting or maintaining the illicit connection and/or discharge to conduct ongoing
monitoring at that person’s expense.
e. Right of Appeal from Administrative Decision: Any person aggrieved by an administrative
decision of the Administrator may appeal such decision pursuant to RMC 4-8-110.
f. Any illicit connection and/or illicit discharge as set forth in this Section or the Stormwater Pollution
Prevention Manual is hereby declared to be a nuisance pursuant to RMC 1-3-3, and as defined in
RMC 1-3-3B19. (Ord. 5676, 12-3-2012)
5. Reporting Requirements:
a. In the event of an illicit discharge or spill of hazardous material into the stormwater drainage
system or waters of the City, State of Washington or United States, said person with knowledge
thereof shall immediately notify the emergency dispatch services (911).
AGENDA ITEM #6. m)
b. In the event of an illicit discharge of nonhazardous material into the stormwater drainage system or
waters of the City, State of Washington or United States, said person with knowledge thereof shall
immediately notify the Public Works Department by phone at 425-430-7400, or in person.
6. Record Retention Required: All persons subject to the provisions of this Section shall retain and
preserve for no less than five (5) years any records, books, documents, memoranda, reports,
correspondence, and any and all summaries relating to operation, maintenance, monitoring, sampling,
remedial actions and chemical analysis made by or on behalf of a person in connection with any illicit
connection or illicit discharge. All records which pertain to matters which are the subject of administrative
or any other enforcement or litigation activities brought by the City pursuant to this Code shall be retained
and preserved by the person until all enforcement activities have concluded and all periods of limitation
with respect to any and all appeals have expired. (Ord. 5526, 2-1-2010; Ord. 5749, 1-12-2015; Ord. 5828,
12-12-2016)
AGENDA ITEM #6. m)
AB - 2026
City Council Regular Meeting - 06 Nov 2017
SUBJECT/TITLE: 2017-2019 Biennial Water Quality Stormwater Capacity Grant -
Ecology Grant Agreement WQSWCAP-1719-Renton-00017
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Ron Straka, Surface Water Utility Engineering Manager
EXT.: 7248
FISCAL IMPACT SUMMARY:
The City of Renton is eligible to receive up to $50,000 in grant funding from the Department of Ecology’s
Capacity Grant program. The Surface Water Utility requests $15,000 of Capacity Grant funds to be
appropriated to the Professional Services account (407.000000.531.31.41.000) for use in meeting the
requirements for the illicit discharge detection and elimination program, and the maintenance and operation
program requirements of the permit. The remaining $35,000 is requested for appropriation to the Renton
Surface Water Manual Project account (427.475241) for use in updating and maintaining City’s Surface Water
Design Manual as required by the permit.
The Capacity Grant revenue of $15,000 will be included in the Surface Water Utility revenue account
(407.000000.018.374.03.10.000) and $35,000 will be included in the Surface Water Utility revenue account
(427.475241.018.334.03.10.000). The expenditure and revenue budget adjustments for the Capacity Grant
will be included in the City’s next quarterly budget adjustment.
SUMMARY OF ACTION:
The Washington State Department of Ecology Capacity Grant Agreement will provide up to $50,000 in non -
matching grant funds to assist the Surface Water Utility and the City to implement the requirements
associated with the Western Washington Phase II Municipal Stormwater Permit. The activities eligible for this
grant funding include the implementation of:
• Public education and outreach program.
• Public involvement program.
• Illicit discharge detection and elimination program.
• Runoff control program.
• Operations and maintenance program.
The grant is fully funded by the Washington State Department of Ecology and does not require the City to
match any funds. Per the agreement, incurred costs are eligible for reimbursement from July 1, 2017 through
March 31, 2019.
EXHIBITS:
A. Agreement
STAFF RECOMMENDATION:
AGENDA ITEM #6. n)
Authorize the Water Quality Stormwater Capacity 1719 Agreement between the Washington State
Department of Ecology and the City of Renton to provide up to $50,000 in non-matching funds to
assist the City in complying with the requirements of the Western Washington Phase II Municipal
Stormwater Permit, and approve the requested appropriation of funds to Surface Water Utility
accounts.
AGENDA ITEM #6. n)
Agreement No. WQSWCAP-1719-Renton-00017
WATER QUALITY STORMWATER CAPACITY 1719 AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF RENTON
This is a binding Agreement entered into by and between the state of Washington, Department of Ecology,
hereinafter referred to as “ECOLOGY,” and City of Renton, hereinafter referred to as the “RECIPIENT,” to carry out
with the provided funds activities described herein.
2017-2019 Biennial Stormwater Capacity Grants
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
This project will assist Phase I and II Permittees in implementation or management of municipal stormwater
programs.
Project Long Description:
N/A
Overall Goal:
This project will improve water quality in the State of Washington by reducing stormwater pollutants
discharged to state water bodies.
$50,000.00
$50,000.00
$50,000.00
$0.00
07/01/2017
03/31/2019
Capacity Grant
AGENDA ITEM #6. n)
Page 2 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1719-Renton-00017
2017-2019 Biennial Stormwater Capacity Grants
City of Renton
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
DUNS Number:
Mailing Address:
Physical Address:
Contacts
Organization Email:
City of Renton
91-6001271
949697221
Renton City Hall, 5th Floor, 1055 South Grady Way
Renton, WA 98057-3232
Renton City Hall, 5th Floor
1055 South Grady Way
Renton, Washington 98057-3232
Kristina Lowthian
Civil Engineer I
Renton City Hall - 5th Floor
1055 South Grady Way
Renton, Washington 98057
Email: klowthian@rentonwa.gov
Phone: (425) 430-7249
Authorized
Signatory
Kristina Lowthian
Civil Engineer I
Renton City Hall - 5th Floor
1055 South Grady Way
Renton, Washington 98057
Email: klowthian@rentonwa.gov
Phone: (425) 430-7249
Billing Contact
Project Manager
Authorized
Signatory
Denis W Law
Mayor
1055 S. Grady Way
Renton, Washington 98057
Email: dlaw@rentonwa.gov
Phone: (425) 430-6500
rstraka@rentonwa.gov
Version 10/30/2015
AGENDA ITEM #6. n)
Page 3 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1719-Renton-00017
2017-2019 Biennial Stormwater Capacity Grants
City of Renton
Contacts
Project
Manager
Financial
Manager
Kyle Graunke
PO Box 47600
Olympia, Washington 98504-7600
Email: kygr461@ecy.wa.gov
Phone: (360) 407-6452
Kyle Graunke
PO Box 47600
Olympia, Washington 98504-7600
Email: kygr461@ecy.wa.gov
Phone: (360) 407-6452
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Water Quality
300 Desmond Drive SE
Lacey, WA 98503
Version 10/30/2015
AGENDA ITEM #6. n)
Page 4 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1719-Renton-00017
2017-2019 Biennial Stormwater Capacity Grants
City of Renton
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things
necessary for or incidental to the performance of work as set forth in this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and
conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all
applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the
RECIPIENT has read, understood, and accepts all requirements contained within this Agreement.
This Agreement contains the entire understanding between the parties, and there are no other understandings or
representations other than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed
by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party.
This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be
binding until so approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their
respective organizations to this Agreement.
IN WITNESS WHEREOF: the parties hereto, having read this Agreement in its entirety, including all attachments, do
agree in each and every particular and have thus set their hands hereunto.
Washington State
Department of Ecology
Water Quality
Date Date
City of Renton
Heather R. Bartlett
Mayor
Denis W Law
By:By:
Template Approved to Form by
Attorney General's Office
Program Manager
Version 10/30/2015
AGENDA ITEM #6. n)
Page 5 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1719-Renton-00017
2017-2019 Biennial Stormwater Capacity Grants
City of Renton
SCOPE OF WORK
Task Number:1 Task Cost: $0.00
Task Title:Project Administration/Management
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements.
Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for
reimbursement and corresponding backup documentation; progress reports; an EAGL (Ecology Administration of
Grants and Loans) recipient closeout report; and a two-page final outcome summary report (including photos, if
applicable). In the event that the RECIPIENT elects to use a contractor to complete project elements, the RECIPIENT
shall retain responsibility for the oversight and management of this funding agreement.
B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable
procurement, contracting, and interlocal agreement requirements; permitting requirements, including application for,
receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project;
and submittal of required performance items. This documentation shall be made available to ECOLOGY upon
request..
C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up-to- date staff contact
information in the EAGL RECIPIENT contact form. The RECIPIENT shall carry out this project in accordance with
any completion dates outlined in this agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY’s grant and loan administrative requirements.
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement, quarterly progress reports, RECIPIENT closeout
report, and two-page outcome summary report.
* Properly maintained project documentation
Recipient Task Coordinator: Kristina Lowthian
Deliverables
Project Administration/Management
Number Description Due Date
1.1 Progress Reports that include descriptions of work accomplished, project
challenges, or changes in the project schedule. Submitted at least
quarterly.
1.2 Recipient Closeout Report (EAGL Form)
1.3 Two-page Outcome Summary Report
Version 10/30/2015
AGENDA ITEM #6. n)
Page 6 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1719-Renton-00017
2017-2019 Biennial Stormwater Capacity Grants
City of Renton
SCOPE OF WORK
Task Number:2 Task Cost: $50,000.00
Task Title:Permit Implementation
Task Description:
Conduct work related to implementation of municipal stormwater National Pollutant Discharge Elimination System
(NPDES) permit requirements. If the RECIPIENT is out of compliance with the municipal stormwater National
Pollutant Discharge Elimination System (NPDES) permit, the RECIPIENT will ensure funds are used to attain
compliance where applicable.
RECIPIENT may conduct work related to implementation of additional activities required by the municipal stormwater
NPDES permits. The following is a list of elements RECIPIENT’s project may include.
1) Public education and outreach activities, including stewardship activities.
2) Public involvement and participation activities.
3) Illicit discharge detection and elimination (IDDE) program activities, including:
a) Mapping or geographic information systems of municipal separate storm sewer systems (MS4s).
b) Staff training.
c) Activities to identify and remove illicit stormwater discharges.
d) Field screening procedures.
e) Complaint hotline database or tracking system improvements.
4) Activities to support programs to control runoff from new development, redevelopment, and construction sites,
including:
a) Development of an ordinance and associated technical manual or update of applicable codes.
b) Inspections before, during, and upon completion of construction, or for post-construction long-term maintenance.
c) Training for plan review and/or inspection staff.
d) Participation in applicable watershed planning effort.
5) Pollution prevention, good housekeeping, and operation and maintenance program activities, such as:
a) Inspecting and/or maintaining the MS4 infrastructure.
b) Developing and/or implementing policies, procedures, or stormwater pollution prevention plans at municipal
properties or facilities.
6) Annual reporting activities.
7) Establishing and refining stormwater utilities, including stable rate structures.
8) Water quality monitoring to implement permit requirements for a Water Cleanup Plan (TMDL). Note that any
monitoring funded by this program requires submittal of a Quality Assurance Project Plan (QAPP) that the
DEPARMENT approves prior to awarding funding for monitoring.
Monitoring, including:
a) Development of applicable QAPPs.
b) Monitoring activities, in accordance with a DEPARTMENT- approved QAPP, to meet Phase I/II permit
requirements.
9) Structural stormwater controls program activities (Phase I permit requirement)
10) Source control for existing development (Phase I permit requirement), including:
a) Inventory and inspection program.
b) Technical assistance and enforcement.
c) Staff training.
Version 10/30/2015
AGENDA ITEM #6. n)
Page 7 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1719-Renton-00017
2017-2019 Biennial Stormwater Capacity Grants
City of Renton
11) Equipment purchases that result directly in improved compliance with permit requirements. Allowed costs for
equipment purchases must be specific to implementing a permit requirement (such as a vactor truck) rather than
general use (such as a general use pick-up truck). Qualified equipment purchases include but are not limited to:
a) Illicit discharge testing equipment and materials.
b) Vactor truck or sweeper truck or MS4 maintenance activities.
c) Electronic devices dedicated to mapping of MS4 facilities and attributes.
d) Software dedicated to tracking permit implementation activities.
As a deliverable, documentation of all tasks completed is required. Documentation includes but is not limited to:
maps, field reports, dates and number of inspections conducted, dates of trainings held and participant lists, number of
illicit discharges investigated and removed, summaries of planning, stormwater utility or procedural updates, annual
reports, copies of approved QAPPs, summaries of structural or source control activities, summaries of how equipment
purchases have increased or improved permit compliance.
Task Goal Statement:
This task will improve water quality in the State of Washington by reducing the pollutants delivered by stormwater to
lakes, streams, and the Puget Sound by implementing measures required by Phase I and II NPDES permits.
Task Expected Outcome:
RECIPIENTS will implement measures required by Phase I and II NPDES permits.
Recipient Task Coordinator: Kristina Lowthian
Deliverables
Permit Implementation
Number Description Due Date
2.1 Documentation of tasks completed
Version 10/30/2015
AGENDA ITEM #6. n)
Page 8 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1719-Renton-00017
2017-2019 Biennial Stormwater Capacity Grants
City of Renton
BUDGET
Funding Distribution EG180078
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Title:
State
Stormwater Capacity
100%
Type:
Funding Source %:
Description:
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant? No
Approved State Indirect Rate: 25%
0%
No
No
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
FY1719 Capacity Grants
07/01/2017 03/31/2019
Grant
FY1719 Capacity Grants Task Total
Grant and Loan Administration 0.00$
Permit Implementation 50,000.00$
50,000.00$Total:
Version 10/30/2015
AGENDA ITEM #6. n)
Page 9 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1719-Renton-00017
2017-2019 Biennial Stormwater Capacity Grants
City of Renton
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%50,000.00 50,000.000.000.00FY1719 Capacity Grants
Total $$0.00 50,000.00 $50,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this
agreement is used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred,
proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal
government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is
unable to certify to the statements contained in the certification, they must provide an explanation as to why they
cannot.
2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become
erroneous by reason of changed circumstances.
3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have
the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact ECOLOGY for assistance in obtaining a copy of those regulations.
4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction.
5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled
“CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier
covered transaction complies with certification of suspension and debarment requirements.
7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of
Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal
Version 10/30/2015
AGENDA ITEM #6. n)
Page 10 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1719-Renton-00017
2017-2019 Biennial Stormwater Capacity Grants
City of Renton
remedies, including suspension and debarment.
8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it
with the signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
·Receives more than $25,000 in federal funds under this award.
·Receives more than 80 percent of its annual gross revenues from federal funds.
·Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.
Ecology is required to report the FFATA information for federally funded agreements, including the required
DUNS number, at www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA
information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
Version 10/30/2015
AGENDA ITEM #6. n)
Page 11 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1719-Renton-00017
2017-2019 Biennial Stormwater Capacity Grants
City of Renton
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
1.ADMINISTRATIVE REQUIREMENTS
a)RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL
Edition." https://fortress.wa.gov/ecy/publications/SummaryPages/1401002.html
b)RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper
management of all funds and resources made available under this Agreement.
c)RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring
all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right
to request proof of compliance by subgrantees and contractors.
d)RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the
extent and character of all work and services.
2.AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No
subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and
signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff
contacts and administrative information without the concurrence of either party.
3.ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic
resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to
historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this
Agreement.
RECIPIENT shall:
a)Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their
project:
•For capital construction projects or land acquisitions for capital construction projects, if required, comply with
Governor Executive Order 05-05, Archaeology and Cultural Resources.
•For projects with any federal involvement, if required, comply with the National Historic Preservation Act.
•Any cultural resources federal or state requirements must be completed prior to the start of any work on the project
site.
b)If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to
implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
•Keep the IDP at the project site.
•Make the IDP readily available to anyone working at the project site.
•Discuss the IDP with staff and contractors working at the project site.
•Implement the IDP when cultural resources or human remains are found at the project site.
c)If any archeological or historic resources are found while conducting work under this Agreement:
•Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic
Preservation at (360) 586-3064, any affected Tribe, and the local government.
d)If any human remains are found while conducting work under this Agreement:
•Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner’s Office, and
then the ECOLOGY Program.
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AGENDA ITEM #6. n)
Page 12 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1719-Renton-00017
2017-2019 Biennial Stormwater Capacity Grants
City of Renton
e)Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal
laws protecting cultural resources and human remains.
4.ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
5.COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,
ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups.
6.COMPENSATION
a)Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the
RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted.
b)Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c)RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified
with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to
expenditure.
d)RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e)ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and
supporting documentation. ECOLOGY will provide instructions for submitting payment requests.
f)ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g)RECIPIENT will receive payment through Washington State Department of Enterprise Services’ Statewide Payee
Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form
at the website, http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. For
any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email
payeehelpdesk@watech.wa.gov.
h)ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i)Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion
thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to
this Agreement, as appropriate, or upon completion of an audit as specified herein.
j)RECIPIENT should submit final requests for compensation within thirty (30) days after the expiration date of this
Agreement. Failure to comply may result in delayed reimbursement.
7.COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits
related to this Agreement, including but not limited to:
a)RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State
of Washington which affect wages and job safety.
b)RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against
discrimination.
c)RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d)RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits
required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project
timeline for the permit and approval processes.
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the
RECIPIENT fails to comply with above requirements.
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AGENDA ITEM #6. n)
Page 13 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1719-Renton-00017
2017-2019 Biennial Stormwater Capacity Grants
City of Renton
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered
modified to conform to that statute or rule of law.
8.CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or
responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial
interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part,
in this Agreement or the proceeds thereof.
9.CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall
award all contracts for construction, purchase of goods, equipment, services, and professional architectural and
engineering services through a competitive process, if required by State law. RECIPIENT is required to follow
procurement procedures that ensure legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT
may be required to provide written certification that they have followed their standard procurement procedures and
applicable state law in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with
state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion.
10.DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this
Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal
decisions as provided for below:
a)RECIPIENT notifies the funding program of an appeal request.
b)Appeal request must be in writing and state the disputed issue(s).
c)RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d)ECOLOGY reviews the RECIPIENT’s appeal.
e)ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the
review.
The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of
such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or
duly authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director’s
decision will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this
Agreement and in accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method, in
addition to the dispute resolution procedure outlined above.
11.ENVIRONMENTAL DATA STANDARDS
a)RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for each project that collects or uses
environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact
the ECOLOGY Program issuing the grant or loan. If a QAPP is required the RECIPIENT shall:
•Use ECOLOGY’s QAPP Template provided by the ECOLOGY Program.
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AGENDA ITEM #6. n)
Page 14 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1719-Renton-00017
2017-2019 Biennial Stormwater Capacity Grants
City of Renton
•Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July
2004 (Ecology Publication No. 04-03-030).
•Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b)RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the
Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The data
must be successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim.
c)RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected
and processed. Guidelines for Creating and Accessing GIS Data are available at:
http://www.ecy.wa.gov/services/gis/data/standards/standards.htm. RECIPIENT, when requested by ECOLOGY, shall
provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map
products, and all metadata and project documentation.
12.GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought
hereunder will be in the Superior Court of Thurston County.
13.INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the
project described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the
other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act
or omission of that party or that party's agents or employees arising out of this Agreement.
14.INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue
to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of
the other party.
15.KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement
to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift
in return for award of a subcontract hereunder.
16.MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and
women-owned (WBE) businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged
to take the following actions, when possible, in any procurement under this Agreement:
a)Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods
or services.
b)Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum
participation by qualified minority and women's businesses.
c)Establish delivery schedules, where work requirements permit, which will encourage participation of qualified
minority and women's businesses.
d)Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises
(OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as
appropriate.
Version 10/30/2015
AGENDA ITEM #6. n)
Page 15 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1719-Renton-00017
2017-2019 Biennial Stormwater Capacity Grants
City of Renton
17.ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved
by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The
Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by
reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the
General Terms and Conditions.
18.PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the
fulfillment of this Agreement:
a)If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days
prior to production and distribution.
b)RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline.
c)If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible
products developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets,
videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator
magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to
provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best
represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s
graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY’s
logo contact ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
19.PROGRESS REPORTING
a)RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress
reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does
not document timely use of funds.
b)RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed
without a progress report. ECOLOGY will define the elements and frequency of progress reports.
c)RECIPIENT shall use ECOLOGY’s provided progress report format.
d)Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1
through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after
the end of the quarter being reported.
e)RECIPIENT shall submit the Closeout Report within thirty (30) days of the expiration date of the project, unless an
extension has been approved by ECOLOGY. RECIPIENT shall use the ECOLOGY provided closeout report format.
20.PROPERTY RIGHTS
a)Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable
property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,
nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to
authorize others to use the same for federal, state, or local government purposes.
b)Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY
information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports,
maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
Version 10/30/2015
AGENDA ITEM #6. n)
Page 16 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1719-Renton-00017
2017-2019 Biennial Stormwater Capacity Grants
City of Renton
c)Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d)Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology
Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part
with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary,
or upon specific instructions with respect thereto in this Agreement.
e)Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the
RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by
ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall
be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
f)Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds
for the acquisition of land or facilities:
1.RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in
this Agreement.
2.RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to
disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens
certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim
which would impair the uses intended by this Agreement.
g)Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any
equipment, property, or facility acquired or developed under this Agreement to uses other than those for which
assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned
upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance
which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such
property.
21.RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any
engineering documentation and field inspection reports of all construction work accomplished.
All records shall:
a)Be kept in a manner which provides an audit trail for all expenditures.
b)Be kept in a common file to facilitate audits and inspections.
c)Clearly indicate total receipts and expenditures related to this Agreement.
d)Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of
Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute
resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify
discrepancies in the records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state
has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be
enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to
ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of
this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times,
in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement.
Version 10/30/2015
AGENDA ITEM #6. n)
Page 17 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1719-Renton-00017
2017-2019 Biennial Stormwater Capacity Grants
City of Renton
22.RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory
performance of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s)
or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this
Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments
within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the
time ECOLOGY demands repayment of funds.
Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
23.SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,
such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid
provision, and to this end the provisions of this Agreement are declared to be severable.
24.STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State
Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any
reimbursements are subject to this provision.
25.SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or
any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall
resume performance on the next business day following the suspension period unless another day is specified by
ECOLOGY.
26.SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems, the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a)Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low
impact meetings, and setting up recycling and composting programs.
b)Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers
and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products
with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post-consumer
recycled paper.
For more suggestions visit ECOLOGY’s web page: Green Purchasing, http://www.ecy.wa.gov/programs/swfa/epp.
27.TERMINATION
a)For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material
breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to
commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date
Version 10/30/2015
AGENDA ITEM #6. n)
Page 18 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1719-Renton-00017
2017-2019 Biennial Stormwater Capacity Grants
City of Renton
mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work.
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the
opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any
further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement.
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by
ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY
may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from
the RECIPIENT is determined.
b)For Convenience
ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best
interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted
below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in
accordance with the terms of this Agreement prior to the effective date of termination.
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding. In the event
funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and
prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate
the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions.
ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding
insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although
ECOLOGY will make a reasonable attempt to provide notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor
through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the
recipient/contractor. In no event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the
agreement and any amendments.
If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to
repay monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon
availability of funds by the RECIPIENT's governing body.
c)By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written
agreement.
d)In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other
materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of
ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
28.THIRD PARTY BENEFICIARY
Version 10/30/2015
AGENDA ITEM #6. n)
Page 19 of 19State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQSWCAP-1719-Renton-00017
2017-2019 Biennial Stormwater Capacity Grants
City of Renton
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state
of Washington is named as an express third party beneficiary of such subcontracts with full rights as such.
29.WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,
and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the
authorized representative of ECOLOGY.
GENERAL TERMS AND CONDITIONS LAST UPDATED 05/11/2017
Version 10/30/2015
AGENDA ITEM #6. n)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ADOPTING BY
REFERENCE THE CURRENT CAPITAL FACILITIES PLANS FOR KENT, ISSAQUAH, AND
RENTON SCHOOL DISTRICTS.
WHEREAS, under Section 4‐1‐190 of Chapter 1, Administration and Enforcement, of Title
IV (Development Regulations) of the Renton Municipal Code, the City of Renton has heretofore
collected school impact fees on behalf of the Kent, Issaquah, and Renton School Districts; and
WHEREAS, the Kent, Issaquah, and Renton School Districts each have requested that the
City of Renton adopt their District's current Capital Facilities Plans; and
WHEREAS, the rate charged on behalf of each District is listed in the 2017‐2018 City of
Renton Fee Schedule;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
SECTION I. The City Council of the City of Renton hereby adopts by reference as if fully
set forth herein the following Capital Facilities Plans:
A. The Kent School District Capital Facilities Plan 2017‐2018 ‐ 2022‐2023, dated April
2017;
B. The 2017 Capital Facilities Plan of Issaquah School District No. 411, dated May 24,
2017; and
C. The 2017 Capital Facilities Plan of Renton School District No. 403, dated May 2017.
SECTION II. Copies of each Capital Facilities Plan adopted herein by reference will be
on file with the City Clerk.
AGENDA ITEM # 8. a)
RESOLUTION NO. _______
2
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
RES.1747:10/5/17:scr
AGENDA ITEM # 8. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING UNTO XO
COMMUNICATIONS SERVICES, LLC, A LIMITED LIABILITY COMPANY REGISTERED
IN THE STATE OF DELAWARE, AUTHORIZED TO DO BUSINESS WITHIN THE STATE
OF WASHINGTON, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, THE RIGHT,
PRIVILEGE, AND AUTHORITY TO INSTALL COMMUNICATIONS FACILITIES,
SPECIFICALLY FIBER OPTIC CABLE AND RELATED APPURTENANCES, UNDER,
ALONG, OVER, BELOW, THROUGH AND ACROSS THE STREETS, AVENUES AND
ALLEYS OF THE CITY OF RENTON WITHIN THE PUBLIC RIGHT‐OF‐WAY OF
RENTON.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I: Definitions
For the purposes of this Franchise and Attachment 1, which is fully incorporated by
reference, the following defined terms, phrases, words and their derivations shall have the
meaning provided below. When not inconsistent with the context in which the word is used,
words used in the present tense include the future, words in the plural include the singular, words
in lower case shall have their defined meaning even if the words are not capitalized, and words
in the singular include the plural. Undefined words shall be given their common and ordinary
meaning.
1.1 Administrator: Means the Administrator of Renton’s Public Works Department or
designee, or any successor office responsible for management of Renton’s public properties.
1.2 Construct or Construction: Means to construct, remove, replace, repair, and/or
restore any Facility, and may include, but are not limited to, digging and/or excavating to
construct, remove, replace, repair, and restore pipeline(s) and/or Facilities.
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
2
1.3 Cost: Means any costs, fees, or expenses, including but not limited to attorneys’
fees.
1.4 Day: Means calendar day(s) unless otherwise specified.
1.5 Facility or Facilities: Means, collectively or individually, any and all
telecommunication transmission and distribution systems, including but not limited to, poles,
wires, lines, conduits, ducts, cables, braces, guys, anchors and vaults, switches, fixtures, and
communication systems; and any and all other equipment, appliances, attachments,
appurtenances and other items necessary, convenient, or in any way appertaining to any and all
of the foregoing, whether the same be located across, above, along, below, in, over, through, or
underground. Facilities do not include any noise‐creating equipment within the range of human
hearing.
1.6 Franchise: Means this ordinance and any related amendments, attachments,
exhibits, or appendices.
1.7 Franchise Area: Means all present and future Renton Rights‐of‐Way for public
roads, alleys, avenues, highways, streets, and throughways (including the area across, above,
along, below, in, over, through, or under such area), laid out, platted, dedicated, acquired or
improved, and; all city‐owned utility easements dedicated for the placement and location of
various utilities provided such easement would permit Franchisee to fully exercise the privilege
granted under this Franchise within the area covered by the easement, without interfering with
any governmental functions or other franchises or easements.
1.8 Franchisee: Means XO Communications Services, LLC, a limited liability company
registered in the state of Delaware, authorized to do business within the State of Washington,
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
3
and its respective successors and assigns, and when appropriate, agents, contractors (of any tier),
employees, officers and representatives.
1.9 Hazardous Substance: Means any and all hazardous, toxic, or dangerous
substance, material, waste, pollutant, or contaminant, including all substances designated under
the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the Comprehensive
Environmental Response, Compensation and Usability Act, 42 U.S.C. § 9601 et seq.; the
Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq.; the Federal Water Pollution
Control Act, 33 U.S.C. § 1257 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the Toxic
Substances Control Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide, Fungicide, Rodenticide
Act, 7 U.S.C. § 136 et seq.; the Washington Hazardous Waste Management Act, RCW Chapter
70.105, and the Washington Model Toxics Control Act, RCW Chapter 70.1050, as they exist or
may be amended; or any other Laws. The term “Hazardous Substance” shall also be interpreted
to include any substance which, after release into the environment, will or may reasonably be
anticipated to cause death, disease, injury, illness, abnormalities, behavioral abnormalities,
stunted or abnormal growth or development, or genetic abnormalities.
1.10 Laws: Means any federal, state, or municipal code, statute, ordinance, decree,
executive order, governmental approval, permit, regulation, regulatory program, order, rule,
published specification, public standard, Environmental Law, or governmental authority, that
relate to telecommunications services, including but not limited to 47 U.S.C. § 101, et. seq.
(Telecommunications Act of 1996), RCW 19.122 (Underground Utilities), WAC 480‐80 (Utilities
General – Tariffs and Contracts), RCW 35.99 (Telecommunications, Cable Television Service – Use
of Right‐of Way), WAC Chapter 296‐32 (Safety Standards for Telecommunications), RCW Chapter
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
4
80.36 (Telecommunications), WAC Chapter 480‐120, et. seq., (Telephone Companies), RCW
Chapter 35.96 (Electric and Communication Facilities – Conversion to Underground), and any
related Laws. All references to Laws shall mean as they exist, may be amended or created.
1.11 Parties: Means the City of Renton and XO Communications Services, LLC
1.12 Public Properties: Means present and/or future property owned or leased by
Renton within Renton’s present and/or future control and/or jurisdictional boundaries.
1.13 Public Ways: Means any highway, street, alley, sidewalk, utility easement (unless
their use is otherwise restricted for other users), or other public Rights‐of‐Way for motor vehicles
or any other uses under Renton’s control and/or in its jurisdictional boundaries, consistent with
RCW 47.24.020 (Jurisdiction, control) and 47.52.090 (Cooperative agreements — Urban public
transportation systems — Title to highway — Traffic regulations — Underground utilities and
overcrossings — Passenger transportation — Storm sewers — City street crossings).
1.14 Rights‐of‐Way: Means the surface and space across, above, along, below, in, over,
through or under any street, alley, avenue, highway, lane, roadway, sidewalk, thoroughfare,
court, easement and similar Public Property, Public Ways, and area within the Franchise Area.
1.15 Tariff: Has the meaning provided in WAC 480‐80‐030 (Definitions), or such similar
definition describing rate schedules, rules and regulations relating to charges and service as may
be adopted by the regulatory authority with jurisdiction, under the laws of the State of
Washington, over public service companies and/or competitive telecommunication service
companies, and such competitive companies must file tariffs in accordance with WAC Chapter
480‐80. (WAC 480‐120‐026 (Tariffs)).
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
5
1.16 WUTC: Means the Washington Utilities and Transportation Commission or such
successor regulatory agency having jurisdiction over public service and/or telecommunication
service companies.
1.17 Work: Means to construct, excavate, install, maintain, remove and/or repair by,
for, or at Franchisee’s request.
SECTION II: Purpose
2.1 Authority: Under RCW 35A.47.040, Renton’s City Council may grant or not grant
a franchise.
2.2 Conditions: The purpose of this Franchise is to delineate the conditions relating to
Franchisee’s use of the Franchise Area and to create a foundation for the Parties to work
cooperatively in the public’s best interests after this ordinance becomes effective. This Franchise
is granted subject to Renton’s land use authority, public highway authority, police powers,
franchise authority, and any other case law, statutory or inherent authority, and is conditioned
upon the terms and conditions provided in this Franchise, and Franchisee’s compliance with all
Laws.
2.3 Risk and Liability: By accepting this Franchise, Franchisee assumes all risks or
liabilities related to the Franchise, with no risk or liability conferred upon Renton. This Franchise
is granted upon the express condition that Renton retains the absolute authority to grant other
or further franchises in any Rights‐of‐Way and any Franchise Area. This and other franchises
shall, in no way, prevent or prohibit Renton from using any of its Franchise Area, or affect its
jurisdiction over them or any part of them, and Renton retains absolute authority to make all
changes, relocations, repairs, maintenance, establishments, improvements, dedications or
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
6
vacations of same as Renton may see fit, including the dedication, establishment, maintenance
and improvement of all new or existing Rights‐of‐Way, Public Property or Public Ways.
SECTION III: Privileges Conveyed
3.1 Franchise Granted: Pursuant to the Telecommunication Act of 1996 § 253(c), RMC
Chapter 5‐19 and the laws of the State of Washington including, but not limited to, RCW
47.24.020 (Jurisdiction, control), RCW 47.52.090 (Cooperative agreements — Urban public
transportation systems — Title to highway — Traffic regulations — Underground utilities and
overcrossings — Passenger transportation — Storm sewers — City street crossings), RCW
35A.47.040 (Franchises and permits — Streets and public ways), RCW 35.22.280 (Specific powers
enumerated), RCW 35.99.020 (Permits for use of right‐of way), and 80.36.040 (Use of road,
street, and railroad right‐of way – When consent of city necessary), and any related laws, Renton
grants to Franchisee, and its successors and assigns (subject to and as provided for in Section VI,
Assignment and Transfer of Franchise), under this Franchise’s terms and conditions, the privilege
to install, construct, operate, maintain and improve its Facilities, together with all necessary
equipment and appurtenances, for the provision of telecommunications, telecommunications
distribution services, private line, and internet access services, within the existing Franchise Area,
such lands being more particularly described in Attachment 1 which is attached and fully
incorporated by reference into the Franchise. Without a separate franchise agreement,
Franchisee shall not have the privilege to provide cable services in the City of Renton.
3.2 Limited Franchise: This Franchise conveys a limited privilege as to the Franchise
Area in which Renton has an actual interest. It is not a warranty of title or interest in the Franchise
Area. This privilege shall not limit Renton’s police powers, any statutory or inherent authority,
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jurisdiction over its property, Franchise Area, Rights‐of‐Way, or its zoning or land use authority.
The terms and conditions of this Franchise shall not be construed to apply to Facilities located
outside of the Franchise Area. This Franchise does not confer upon Franchisee any privilege to
install or use any Facilities outside the Franchise Area, including city‐owned or leased properties
or easements.
3.3 Principal Use Limitation: This Franchise shall not authorize a principal use of the
Franchise Area for purposes other than for telecommunications, telecommunications
distribution services, private line, and internet access services. The Franchisee may use its
Facilities’ excess capacity, however, Franchisee may not use, convey, lease or share excess space
within the Franchise Area,
3.4 Franchise is Non‐Exclusive: As detailed in Section VIII, below, Renton grants this
non‐exclusive Franchise to Franchisee to operate, maintain and improve its existing Facilities as
a telephone business and service provider (as those terms are used in RCW 35.21.860).
3.5 Acknowledgement: Franchisee acknowledges and warrants by its acceptance of
the granted privileges, that it has carefully read and fully comprehends the terms and conditions
of this Franchise. Franchisee accepts all reasonable risks of the meaning of the provisions, terms
and conditions of the Franchise. Franchisee further acknowledges and states that it has fully
studied and considered the requirements and provisions of this Franchise, and believes that the
same are consistent with all Laws. If in the future Franchisee becomes aware that a provision of
this Franchise may be unlawful or invalid, it will not use such potential invalidity to unilaterally
ignore or avoid such provision. Instead, Franchisee will promptly advise Renton of the potential
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invalidity or illegality, and the Parties will meet within thirty (30) days and endeavor jointly to
amend this Franchise to cure the invalidity or illegality.
3.6 Enforceable Contract: Franchisee specifically agrees to comply with the provisions
of any applicable Laws, as they exist or may be amended. The express terms and conditions of
the Franchise constitute a valid and enforceable contract between the Parties, subject to any
Laws.
3.7 Existing Facilities Outside Franchise Area: Existing Facilities installed or
maintained by Franchisee in accordance with prior franchise agreements on public grounds and
places within Renton (but which are not a part of the Franchise Area as defined by this Franchise)
may be maintained, repaired and operated by Franchisee at the location where such Facilities
exist as of the effective date of this Franchise for the term of this Franchise; provided, however,
that no such Facilities may be enlarged, improved or expanded without Renton’s prior review,
written consent, and approval pursuant to the provisions of any applicable Laws.
SECTION IV: Term
4.1 Length of Term: Each of the provisions of this Franchise shall become effective
upon Franchisee’s acceptance of the terms and conditions of this Franchise and the City Council’s
passage of this ordinance, and shall remain in effect for ten (10) years, unless it is terminated
pursuant to Section XVII, Termination, Violations, and Remedies. At any time not more than two
(2) years nor less than one hundred and eighty (180) days before the expiration of the Franchise
Term, Franchisee may make a written request and Renton may consider, at its sole discretion,
renewing this Franchise for an additional five (5) year renewal period, unless either party
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expresses its intention in writing to terminate this Franchise at the conclusion of the ten (10) year
term.
4.2 Extension upon Expiration: If the Parties fail to formally renew or terminate the
Franchise prior to the expiration of its term or any extension, the Franchise shall be extended on
a year‐to‐year basis until the Franchise is renewed, terminated or extended.
SECTION V: Recovery of Costs
5.1. Administrative Fee: Pursuant to RCW 35.21.860(1)(b), Renton may charge
Franchisee an administrative fee to recover all actual administrative expenses incurred by Renton
that are directly related to receiving and approving a permit, license and this Franchise, to inspect
plans and construction, or for the preparation of a detailed statement pursuant to SEPA (RCW
Chapter 43.21C). Where Renton incurs actual administrative expenses, including but not limited
to fees, expenses, and/ or costs for attorneys, consultants, staff and the City Attorney
Department, for review or inspection of activities undertaken through the authority granted in
this franchise, Franchisee shall pay such expenses directly to Renton. Renton shall provide
Franchisee with an itemized invoice identifying the administrative expenses incurred. Renton
employee time shall be calculated based on their rate of salary, including applicable overtime,
benefits and reasonable overhead, and all other costs will be billed based on an actual cost basis.
5.2. Utility Tax: Pursuant to RCW 35.21.870 (Electricity, telephone, natural gas, or
steam energy business — Tax limited to six percent — Exception) and RCW 35.21.860(1)(a),
Renton may impose a utility tax on Franchisee consistent with the utility tax imposed on other
similarly situated telephone businesses or service providers.
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5.3. Franchise Fee: Pursuant to RCW 35.21.860 (Electricity, telephone, or natural gas
business, service provider — Franchise fees prohibited — Exceptions), Renton may only impose
a franchise fee or any other Cost of whatever nature or description upon Franchisee as is
consistent with federal law.
5.4. Cost of Publication: Franchisee shall bear the entire Cost of publication of this
ordinance.
5.5. Permit Fee: Franchisee shall be subject to all permit fees associated with activities
undertaken through the authority granted in this Franchise or under Laws.
5.6. Emergency Fee: Franchisee shall promptly reimburse Renton for any and all Costs
incurred by Renton while responding to any emergency involving public safety.
5.7. Reimbursement period: Franchisee shall reimburse Renton within forty‐five (45)
days of Renton’s submittal of an itemized billing for reasonably incurred Costs, itemized by
project, for Franchisee’s proportionate share of all actual, identified expenses incurred by Renton
in planning, constructing, installing, repairing, altering, or maintaining any city facility due to the
presence in the Public Way of Franchisee’s Facilities.
SECTION VI: Assignment and Transfer of Franchise
6.1 Assignment: Franchisee may not assign, dispose of, lease, sell, transfer, or permit
to be forfeited this Franchise, either in whole or in part, without the written consent of the City
Council of Renton by passage of an ordinance or resolution. Such consent shall not be deemed
to waive any of Renton’s rights to subsequently enforce Franchise related non‐compliance issues
that existed at or before Renton’s consent. Any telecommunications assignee or transferee shall,
at least thirty (30) days prior to the date of any assignment or transfer, file written notice of the
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assignment or transfer with Renton, together with its written acceptance of all of the Franchise
terms and conditions. The Franchise terms and conditions shall be binding upon the Parties'
respective assigns and successors. Notwithstanding the foregoing, Franchisee may pledge the
Franchise for security purposes only with the City Council’s consent, and consent shall be
required for Franchisee to transfer the Franchise or Facilities to a creditor. The rights of any
transferee are subject at all times to the terms and conditions of this Franchise, and no transferee
will have any greater rights under this Franchise than the rights of Franchisee.
6.2 Acceptance: If Renton consents, within thirty (30) days of that consent, Franchisee
shall file with Renton a written instrument evidencing such sale, assignment or transfer of
ownership, with the assignee(s) or transferee(s) acceptance of the Franchise and all of its terms
and conditions.
SECTION VII: Compliance with Laws ‐ Reservation of Powers and Authority
7.1. Compliance: In every aspect related to this Franchise, including but not limited to
all Work, Franchisee shall comply with all applicable Laws, whether specifically mentioned in this
Franchise or not.
7.2. Incorporation of RMC 5‐19, Telecommunications Licenses and Franchises: The
conditions, provisions, requirements and terms and of RMC Chapter 5‐19 are fully incorporated
by reference into this franchise agreement, unless this agreement requires something different.
7.3. Legitimate Municipal Interest: As to matters subject to the terms and conditions
of this Franchise, if Renton determines during the Franchise term that the assertion of a
legitimate municipal interest is prohibited by application of federal or state law, then as to such
matter and such municipal interest and consistent with its legal obligations, Franchisee shall
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cooperate with Renton in a good faith effort to address such municipal interest. In this context,
neither Party shall invoke this Franchise as a basis to assert that its consideration of a given issue
is excused by operation of the doctrines of estoppel or waiver.
7.4. Reference to Specific Law or Order: Upon a reasonably justified written inquiry by
Renton, Franchisee shall provide a specific reference to the federal, state, or local law or the
WUTC order or action establishing a basis for Franchisee’s actions related to a specific Franchise
issue.
SECTION VIII: Non‐exclusive Franchise
8.1 Non‐exclusive: As provided in subsection 3.4, this Franchise is non‐exclusive, and
as a result, Renton expressly reserves the right to grant other or further franchises or to use the
Franchise Area itself; provided that such uses do not unreasonably interfere with Franchisee’s
use and placement of its Facilities in any Rights‐of‐Way and/or any Franchise Area.
8.2 Renton’s Use of Franchise Area: This Franchise shall not prevent, prohibit, limit or
affect Renton’s use of the Franchise Area, consistent with this Franchise; or Renton’s jurisdiction
over the Franchise Area. The Parties agree that Renton reserves and retains all of its statutory,
inherent and other powers and franchise authority, as they exist or shall exist.
SECTION IX: Permits, Construction and Restoration
9.1 Free Passage of Traffic: Franchisee shall at all times maintain its Facilities within
the Franchise Area so as not to unreasonably interfere with the free passage of traffic,
pedestrians or the use and enjoyment of adjoining property. Franchisee shall at all times post
and maintain proper barricades and comply with all applicable Laws, safety regulations and
standards during such period of construction.
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9.2 Permit Application Required: Except in the event of an emergency, Franchisee
shall first obtain all required documentation and approvals, including permits from Renton to
perform Work on Franchisee’s Facilities within the Franchise Area. The permit application shall
contain detailed plans, maps and specifications showing the position, depth and location of all
such Facilities in relation to existing Franchise Area, collectively referred to as the “Plans.” The
Plans shall specify the class and type of material and equipment to be used, manner of
excavation, construction, installation, backfill, erection of temporary structures and facilities,
erection of permanent structures and facilities, traffic control, traffic turnouts and road
obstructions, and all other necessary information. Franchisee shall submit to Renton as‐built
plans and, when available, digital facility location data in a format compatible with Renton’s
geographic Information system. Such Work shall only commence upon the issuance of required
permits, and payment of the associated fees, which permits shall not be unreasonably withheld
or delayed after submission of a complete application. Franchisee shall further inform Renton of
any time or date that Franchisee is performing Work within the Franchise Area to allow Renton
to inspect such work.
9.3 Boring Required: Work involving undergrounding of Franchisee’s facilities within
city streets shall be accomplished through boring rather than open trenching whenever
reasonably feasible. Franchisee will CCTV all Renton owned sewer and storm drain lines on the
boring route following completion of the boring work and prior to activating the facility being
constructed to verify that these Renton owned lines were not damaged by the boring
work. Upon request from Franchisee, Renton may allow for other methods to meet the
requirement as may be approved by Renton as part of permitting.
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9.4 Facility Placement: The Parties intend that the specific location of Facilities within
the Franchise Area (and similar facility‐related matters of a specific nature requiring detailed
case‐by‐case analysis) is to be determined in accordance with applicable Laws (including, without
limitation, rights of appeal).
9.5 Lateral Support: Whenever Work on Facilities have caused or contributes to a
condition that in the City of Renton’s sole determination would substantially impair or
substantially impairs the lateral support of the Franchise Area, Renton may direct Franchisee, at
Franchisee’s sole expense, to take such actions as are reasonably necessary within the Franchise
Area to repair and/or not impair the lateral support. If Franchisee fails or refuses to take prompt
action, or if an emergency situation requires immediate action, Renton may enter the Franchise
Area and take any action necessary to protect the public, any Public Way, Public Property, and
Rights‐of‐Way, and Franchisee shall be liable to Renton for all costs, fees, and expenses resulting
from that necessary action. This provision shall survive the expiration, revocation or termination
of this Franchise for a period of five (5) years.
9.6 Limits on Construction: No park, public square, golf course, street Rights‐of‐Way
or public place of like nature shall be bored, trenched, excavated or damaged by Franchisee if
there is a substantially equivalent alternative. The determination of there being a substantially
equivalent alternative shall be at the sole determination of Renton.
9.7 Bond Requirement: Before undertaking any of the Work authorized by this
Franchise, as a condition precedent to the Renton’s issuance of any permits, Franchisee shall,
upon the Renton’s request, furnish a bond executed by Franchisee and a corporate surety
authorized to operate a surety business in the State of Washington, in such sum as may be set
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and approved by Renton as sufficient to ensure performance of Franchisee’s obligations under
this Franchise. Franchisee shall post a Performance Bond in the amount of twenty‐five thousand
dollars ($25,000) that shall remain in effect for the term of this Franchise. The bond shall be
conditioned so that Franchisee shall observe all the covenants, terms and conditions and shall
faithfully perform all of the obligations of this Franchise, and to repair or replace any defective
work or materials discovered in the Franchise Area. The bond shall ensure the faithful
performance of Franchisee’s obligations under the Franchise, including, but not limited to,
Franchisee’s payment of any penalties, claims, liens, or fees due Renton that arise by reason of
the operation, construction, or maintenance of the Facilities within the Franchise Area.
Franchisee shall pay all premiums or other costs associated with maintaining the bond.
Additionally, if Renton determines that the Performance Bond is inadequate to ensure
Franchisee’s performance of a project, Franchisee shall post any additional bonds required to
guarantee performance by Franchisee in accordance with the conditions of any permits and/or
the requirements of this Franchise. In lieu of a separate bond for routine individual projects
involving work in the Franchise Area, Franchisee may satisfy Renton’s bond requirements by
posting a single on‐going performance bond in an amount approved by Renton.
9.8 Workmanship: All Work done by Franchisee or at Franchisee’s direction or on its
behalf, including all Work performed by contractors or subcontractors, shall be considered
Franchisee’s Work and shall be undertaken and completed in a workmanlike manner and in
accordance with the descriptions, plans and specifications Franchisee provided to Renton, and
be warranted for at least two (2) years. Franchisee’s activities (including work done at
Franchisee’s direction or on its behalf) shall not damage or interference with other franchises,
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licenses, utilities, drains or other structures, or the Franchise Area, and shall not unreasonably
interfere with public travel, park uses, other municipal uses, adjoining property, and shall not
endanger the safety of or injure persons and property. Franchisee’s Work shall comply with all
applicable Laws.
9.9 Material and Installation Methods: As a condition of receiving the privilege to
Work within the Franchise Area, Franchisee shall assume full responsibility for using materials
and installation methods that are in full compliance with city standards and shall verify this by
the submittal of documentation of materials and testing reports when requested by Renton. All
costs for performing on‐site testing, such as compaction tests, shall be borne by Franchisee.
9.10 Damage During Work: In case of any damage caused by Franchisee, or by
Franchisee’s Facilities to Franchise Area, Franchisee agrees to repair the damage to conditions
that meet or exceed requirements established by the Department of Transportation, at its own
cost and expense. Franchisee shall, upon discovery of any such damage, immediately notify
Renton. Renton will inspect the damage, and set a time limit for completion of the repair. If
Renton discovers damage caused by Franchisee to the Franchise Area, Renton will give
Franchisee notice of the damage and set a reasonable time limit in which Franchisee must repair
the damage. In the event Franchisee does not make the repair as required in this section, Renton
may repair the damage, to its satisfaction, at Franchisee’s sole expense.
9.11 Member of Locator Service: Franchisee shall continuously be a member of the
State of Washington one number locator service under RCW 19.122 (Underground Utilities) or
an approved equivalent, and shall comply with all applicable Laws.
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9.12 Restoration Requirements: Franchisee shall after Work on any of Franchisee’s
Facilities within the Franchise Area, restore the surface of the Franchise Area and any other
property within the Franchise Area which may have been disturbed or damaged by such Work.
All restoration of Rights‐of‐Way, sidewalks and other improvements or amenities shall conform
to the City of Renton Standard Specifications for Road, Bridge and Municipal Construction and
the City of Renton’s Trench Restoration Standards in effect at that time, and must be warranted
for at least two (2) years. Restoration shall include all landscaping, irrigation systems and trees.
Renton shall have final approval of the condition of the Franchise Area after restoration pursuant
to applicable Laws, as they exist or may be amended or superseded, provided that such
provisions are not in conflict or inconsistent with the express terms and conditions of this
Franchise.
9.13 Survey Monuments: All survey monuments which are disturbed or displaced by
Franchisee in its performance of any work under this Franchise shall be referenced and restored
by Franchisee, in accordance with WAC 332‐120 (Survey Monuments – Removal or Destruction),
and other applicable Laws.
9.14 Failure to Restore: If it is determined that Franchisee has failed to restore the
Franchise Area in accord with this section, Renton shall provide Franchisee with written notice
including a description of actions Renton believes necessary to restore the Franchise Area. If
Franchisee fails to restore the Franchise Area in accord with Renton’s notice within thirty (30)
days of that notice, Renton, or its authorized agent, may restore the Franchise Area at
Franchisee’s sole and complete expense. The privilege granted under this section shall be in
addition to others provided by this Franchise.
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9.15 Separate Permit Approval Needed For New Telecommunications Lines: The
limited privileges granted under this Franchise shall not convey any privilege to Franchisee to
install any new telecommunications lines or Facilities without Renton’s express prior written
consent, including for example, permits as provided for in this Section IX.
SECTION X: Coordination and Shared Excavations
10.1 Coordination: The Parties shall make reasonable efforts to coordinate any Work
that either Party may undertake within the Franchise Area to promote the orderly and
expeditious performance and completion of such Work, and to minimize any delay or hindrance
to any construction work undertaken by themselves or utilities within the Franchise Area. At a
minimum, such efforts shall include reasonable and diligent efforts to keep the other Party and
other utilities within the Franchise Areas informed of its intent to undertake Work. Franchisee
and Renton shall further each exercise its best efforts to minimize any delay or hindrance to any
construction work either may undertake within the Franchise Area. Any associated costs caused
by any construction delays to Renton or to any contractor working for Renton due to Franchisee’s
failure to submit and adhere to Franchisee’s plans and schedule in relocating or installing
Franchisee facilities shall be the sole responsibility of Franchisee. Franchisee shall, at Renton’s
request, also attend construction meetings pertaining to performance of Work within the
Franchise Area and shall designate a contact person to attend such meetings.
10.2 Joint Use Trenches: If Franchisee or Renton shall cause excavations to be made
within the Franchise Area, the Party causing such excavation to be made shall afford the other,
upon receipt of a written request to do so, an opportunity to use such excavation, provided that:
(a) such joint use shall not unreasonably delay the work of the Party causing the excavation to be
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made; and (b) such joint use shall be arranged and accomplished on terms and conditions
satisfactory to both Parties.
10.3 Joint Use Policies: Concerning the Franchise Area, during the Franchise Term,
Renton may adopt policies which encourage joint use of utility facilities within the Franchise Area.
Franchisee shall cooperate with Renton and explore opportunities for joint use of the Franchise
Area utility facilities that are consistent with applicable Laws and prudent utility practices.
SECTION XI: Hazardous Materials
11.1 Written Approval Required: In maintaining its Facilities (including, without
limitation, vegetation management activities), Franchisee shall not apply any Hazardous
Substance, pesticide, herbicide, or other hazardous material within the Franchise Area without
prior written approval of Renton. Renton will not unreasonably withhold approval, but such
application must be in conformance to the aquifer protection regulations of Renton. If
Franchisee shall first obtain Renton’s approval to apply a specific product in accordance with a
defined procedure on an ongoing basis throughout the Franchise Area, it shall not thereafter be
necessary for Franchisee to obtain Renton’s approval on each occasion such product is applied in
accordance with such procedure. Franchisee shall notify Renton of any accident by Franchisee
involving Franchisee’s use of Hazardous Substances within the Franchise Area.
11.2 Release of Hazardous Substance: Upon notice or discovery of a significant release
of any Hazardous Substance caused by Franchisee or expressly authorized by Franchisee to occur
upon the Franchise Area and Facilities covered by this Franchise, Franchisee shall notify Renton
within twenty‐four (24) hours of discovery. If the encountered or suspected Hazardous
Substances are not the result of the acts or omissions of Franchisee, Renton shall, at its own
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expense, determine if the material is hazardous, in accordance with applicable Laws. If the
material is found to be hazardous, Renton shall, at its own expense, if possible remove, dispose,
or otherwise handle such Hazardous Substances, as necessary, in accordance with applicable
Laws. If Hazardous Substances are removed, Renton also shall provide substitute nonhazardous
substance(s) to replace the removed substance for Franchisee to use in its operation, if
necessary. Upon approval by Renton to proceed, Franchisee shall proceed with the operations
at its own cost, with no recourse against Renton for the cost of schedule delays incurred due to
the delay in operation. If the encountered or suspected Hazardous Substances within the
Franchise Area are the result of Franchisee’s acts or omissions, Renton’s characterization of the
substances involved and any removal, disposal, or other handling costs incurred in connection
with the removal, disposal, or handling of the hazardous substances will be at Franchisee’s sole
expense. Franchisee shall be solely responsible for any expense or cost related to environmental
mitigation requirements imposed, by operation of applicable Laws or otherwise.
SECTION XII: Emergency Work ‐ Permit Waiver
12.1 Prompt Response Required: In the event of any emergency involving damaged
Franchisee Facilities located in or under the Franchise Area, or if Franchisee’s Facilities within the
Franchise Area pose an immediate danger to the property, life, health or safety of any individual,
Franchisee shall, upon receipt of notification from Renton of the existence of such condition,
immediately take those actions as are necessary to correct the dangerous condition.
12.2 Permit Deferred: If an emergency occurs that requires Franchisee’s immediate
action for the protection of Facilities, Renton’s property or any individual’s property, life, health
or safety, Franchisee may act immediately to correct the dangerous condition without first
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obtaining any required permit so long as: (1) Franchisee notifies the Renton Regional Fire
Authority through the dispatch system of the emergency; and (2) Franchisee informs Renton’s
permitting authority of the nature, location, and extent of the emergency, and the work to be
performed, prior to commencing the work if such notification is practical, or where such prior
notification is not practical, Franchisee shall notify Renton’s permitting authority on the next
business day; and (3) such permit is obtained by Franchisee as soon as practicable following
cessation of the emergency.
12.3 Public Service Obligations: Nothing in this section is intended, nor shall it be
construed, as a hindrance to Franchisee’s ability to take such actions as it deems necessary to
discharge its public service obligations in accordance with the laws of the State of Washington.
Nothing in this section is intended, nor shall it be construed, as preventing Renton from
recovering from Franchisee, if otherwise so entitled in accordance with applicable Laws, any
extraordinary costs in responding to an emergency situation involving Franchisee’s Facilities.
SECTION XIII: Records of Installation
13.1 Future Construction Plans: Upon Renton’s written request, Franchisee shall
provide to Renton copies of any plans prepared by Franchisee for potential improvements,
relocations and conversions to its Facilities within the Franchise Area; provided, however, any
such plans so submitted shall be for informational purposes only and shall not obligate Franchisee
to undertake any specific improvements within the Franchise Area, nor shall such plan be
construed as a proposal to undertake any specific improvements within the Franchise Area.
13.2 As‐Built Drawings: Upon Renton’s written request, and at no cost to Renton,
Franchisee shall provide to Renton copies of drawings, maps, and records in use by Franchisee
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showing the location of its Facilities at specific locations within the Franchise Area. As to any
such drawings so provided, Franchisee does not warrant the accuracy of the drawings as such
Facilities are shown in their approximate location.
13.3 Design Locates: Upon Renton’s written request, in connection with the design of
any Public Works Project, Franchisee shall verify the location of its underground Facilities within
the Franchise Area.
13.4 Disclosure to Third‐Parties: Any drawings and/or information concerning the
location of Franchisee's Facilities provided by Franchisee shall be used by Renton solely for
management of the Franchise Area. Renton shall take all prudent steps reasonably necessary to
prevent unnecessary disclosure or dissemination of such drawings, maps, records and/or
information to any Third‐Party without the prior notice to Franchisee, unless the Third‐Party is
an authorized governmental entity of any tier or a public records requestor. Renton will provide
Franchisee with notice of any public records request for Franchisee paperwork as soon as
reasonably practicable.
13.5 Utility Locates: Notwithstanding the foregoing, nothing in this section is intended
(nor shall be construed) to relieve either Party of their respective obligations arising under
applicable Laws with respect to determining the location of utility facilities.
SECTION XIV: Undergrounding of Facilities
Undergrounding Required for New Facilities: Consistent with RMC 4‐6‐090.C
(Applicability), all new Facilities installed within the Franchise Area during the term of this
Franchise shall be located underground, consistent with the RMC, unless it is unfeasible in
Renton’s reasonable estimation for it to be done; provided that installation of wires, cables,
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conduits and similar equipment will be permitted and installed pursuant to the provisions of any
applicable Laws, and subject to and accordance with any applicable Tariffs on file with the WUTC.
In areas where all existing telecommunications and cable facilities are located aboveground,
Franchisee may install its Facilities above ground. Any new Facilities to be located above ground
shall be placed on existing utility poles. No new utility poles shall be installed in connection with
placement of new aboveground Facilities.
SECTION XV: Relocation of Franchisee Facilities
15.1 Relocation Required: Renton shall have prior and superior right to the use of the
Franchise Area for the construction, installation, maintenance and repair of its utilities,
improvements and infrastructure, and capital improvement projects, and should any conflict
arise with Renton facilities, Franchisee shall, at its own cost and expense, conform to Renton’s
utilities, improvements and infrastructure and capital improvement projects, provided that,
whenever Renton undertakes (or causes to be undertaken) any public works improvement within
the Franchise Area, and such public works improvement necessitates the relocation of
Franchisee’s then existing Facilities within the Franchise Area, Renton shall:
a. Provide Franchisee with reasonable prior notice of Renton’s intent to initiate a
public works improvement, and if applicable, written notice requesting such relocation;
and
b. Provide Franchisee with copies of pertinent portions of Renton’s plans and
specifications for such public works improvement.
15.2 Franchisee Relocation Plans: After receipt of such notice and such plans and
specifications, Franchisee shall submit the Franchisee plan drawings for the relocation of the
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Franchisee Facilities to Renton within a reasonable and agreed upon time in advance of the
preparation of Renton’s final plans and specifications for incorporation into Renton’s
construction plans. Franchisee shall complete the relocation work in a reasonable and agreed
upon time period to prevent delay to Renton’s project. Franchisee shall relocate such Facilities
within the Franchise Area at no charge to Renton, except that if Renton pays for or reimburses
the relocation costs of another telecommunications utility, under materially identical
circumstances, it shall pay for or reimburse a proportionate share of Franchisee’s relocation
costs. The relocation completion date will be included in Renton’s written request for said
relocation to Franchisee. Franchisee shall be solely responsible for any associated cost caused by
any construction delays to Renton’s project due to Franchisee’s failure to comply with
Franchisee’s plans and schedule in relocating or installing Franchisee’s Facilities.
15.3 Emergency Relocation of Facilities: In the event an emergency posing a threat to
public safety or welfare requires the relocation of Franchisee’s Facilities within the Franchise
Area, Renton shall give Franchisee notice of the emergency as soon as reasonably practicable.
Upon receipt of notice, Franchisee shall respond as soon as reasonably practicable to relocate
the affected Facilities, at Franchisee’s sole expense.
15.4 Third‐Party Construction: Whenever any person or entity, other than Renton,
requires the relocation of Franchisee’s Facilities to accommodate the work of such person or
entity within the Franchise Area; or, Renton requires any Third‐Party to undertake work (other
than work undertaken at Renton’s cost and expense) within the Franchise Area and such work
requires the relocation of Franchisee’s Facilities within the Franchise Area, Franchisee may
condition such relocation to require such person or entity to make payment to Franchisee, at a
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time and upon terms acceptable to Franchisee for any and all costs and expenses incurred by
Franchisee in the relocation of Franchisee’s Facilities.
15.5 Third‐Party Construction of City Identified Project: Any condition or requirement
imposed by Renton upon any Third‐Party (including, without limitation, any condition or
requirement imposed pursuant to any contract or in conjunction with approvals or permits
obtained pursuant to any zoning, land use, construction or other development regulation) which
requires the relocation of Franchisee’s Facilities within the Franchise Area, then Franchisee shall
relocate its Facilities; provided, however, in the event Renton reasonably determines and notifies
Franchisee that the primary purpose of imposing such condition or requirement upon such Third‐
Party is to cause or facilitate the construction of a Public Works Project to be undertaken within
a segment of the Franchise Area on Renton’s behalf and consistent with Renton’s Capital
Investment Plan; Transportation Improvement Program; or the Transportation Facilities
Program, then only those costs and expenses incurred by Franchisee in reconnecting such
relocated Facilities with Franchisee’s other Facilities shall be paid to Franchisee by such Third‐
Party, and Franchisee shall otherwise relocate its Facilities within such segment of the Franchise
Area in accordance with subsection 15.1.
15.6 Alternatives: As to any relocation of Franchisee’s Facilities whereby the cost and
expense is to be borne by Franchisee, Franchisee may, after receipt of written notice requesting
such relocation, submit in writing to Renton alternatives to relocation of its Facilities. Upon
Renton’s receipt from Franchisee of such written alternatives, Renton shall evaluate such
alternatives and shall advise Franchisee in writing if one or more of such alternatives are suitable
to accommodate the work which would otherwise necessitate relocation of Franchisee’s
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Facilities. In evaluating such alternatives, Renton shall give each alternative proposed by
Franchisee fair consideration with due regard to all facts and circumstances which bear upon the
practicality of relocation and alternatives to relocation. If Renton determines that such
alternatives are not appropriate, Franchisee shall relocate its Facilities as provided in subsection
15.1.
15.7 Non‐Franchise Area: Nothing shall require Franchisee to bear any cost or expense
in connection with the location or relocation of any Facilities existing under benefit of easement
or other rights not arising under this Franchise.
15.8 Indemnity for Delay: Franchisee shall indemnify, hold harmless, and pay the costs
of defending Renton against any and all Third‐Party actions, claims, damages, liabilities, or suits
for delays on Renton’s construction projects arising from or caused by Franchisee’s failure to
remove or relocate it Facilities in a timely manner, though Franchisee shall not be liable for
damages due to delays that were out of Franchisee’s reasonable or expected control.
SECTION XVI: Abandonment and Discontinuance of Franchisee’s Facilities
16.1 Notification: Franchisee shall notify Renton of any abandonment or cessation of
use of any of its Facilities within sixty (60) days after such abandonment or cessation of use. Any
plan for abandonment or removal of Franchisee’s Facilities within the Franchise Area must be
first approved by the Administrator, and all necessary permits must be obtained prior to such
Work.
16.2 Removal: In the event of Franchisee’s abandonment or permanent cessation of
use of any portion of its Facilities, or any portion of the Franchised Area, Franchisee shall, within
one hundred and twenty (120) days after the abandonment or permanent cessation of use,
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remove the Facilities at Franchisee’s sole expense. However, with Renton’s express written
consent, Franchisee may, at Franchisee’s sole cost and expense, secure the Facilities in such a
manner as to cause it to be as safe as is reasonably possible, by removing all lines, conduits and
appurtenances, in compliance with all Laws, and abandon them in place, provided that any
aboveground Facilities shall be removed at Franchisee’s sole expense.
16.3 Restoration: In the event of the removal of all or any portion of the Facilities, to
the extent reasonably possible, Franchisee shall restore the Franchise Area to it pre‐installation
or better condition. Such restoration work shall be done at Franchisee’s sole cost and expense
and to Renton’s reasonable satisfaction. If Franchisee fails to remove or secure the Facilities
and/or fails to restore the premises or take such other mutually agreed upon action, Renton may,
after reasonable notice to Franchisee, remove the Facilities, restore the premises or take such
other action as is reasonably necessary at Franchisee’s sole expense and Renton shall not be
liable for any damages, losses or injuries. This remedy shall not be deemed to be exclusive and
shall not prevent Renton from seeking a judicial order directing Franchisee to remove its
Facilities.
16.4 Administrative or Abandonment Fees: Renton’s consent to Franchisee’s
abandonment of Facilities in place shall not relieve Franchisee of the obligation and/or costs to
remove, alter or re‐secure such Facilities in the future in the event it is reasonably determined,
as adjudged in Renton’s sole discretion, that removal, alteration or re‐securing the Facilities is
necessary or advisable for the health, safety, necessity and/or convenience of the public, in which
case Franchisee shall perform such work its sole expense.
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16.5 Survival of Provisions: The Parties expressly agree that the provisions of this
section shall survive the termination, expiration, or revocation of this Franchise.
SECTION XVII: Termination, Violations, and Remedies
17.1 Termination: If the Franchise Term expires and if either Party states that it does
not wish to renew, extend and/or continue the Franchise, this Franchise shall be terminated as
of the expiration date.
17.2 Termination by Breach: If Franchisee materially breaches or otherwise fails to
perform, comply with any of the terms and conditions of this Franchise, or fails to maintain any
required license, permit or approval, and fails to cure such breach or failure within thirty (30)
days of Renton providing Franchisee with written notice specifying with reasonable particularity
the nature of any such alleged breach or failure, or, if not reasonably capable of being cured
within thirty (30) days, within such other reasonable period of time as the Parties may agree
upon, Renton may terminate this Franchise, without any penalty, liability, cost or damages.
17.3 City Council Termination: This Franchise shall not be terminated except upon a
majority vote of the City Council, after reasonable notice to Franchisee (which notice shall be
given at least thirty (30) days before the hearing) and an opportunity to be heard, provided that
if exigent circumstances necessitate immediate termination, the hearing may be held as soon as
possible after the termination.
17.4 Discontinue Operations: If the Franchise is terminated, Franchisee shall
immediately discontinue operation of Facilities through the Franchise Area. In such
circumstances, either Party may invoke the dispute resolution provisions in Section XVIII.
Alternatively, either Party may elect to seek relief directly in Superior Court, in which case the
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dispute resolution requirements shall not be applicable. Once Franchisee’s privilege has
terminated, Franchisee shall comply with Franchise provision regarding removal and/or
abandonment of Facilities.
17.5 Renton Retains Right for Action: Renton’s failure to exercise a particular remedy
at any time shall not waive Renton’s right to terminate, assess penalties, or assert any equitable
or legal remedy for any future breach or default by Franchisee.
17.6 Franchisee Liability and Obligation: Termination shall not release Franchisee from
any liability or obligation with respect to any matter occurring prior to such termination, and shall
not release Franchisee from any obligation to remove and secure its Facilities and to restore the
Franchise Area.
17.7 Injunctive Relief: The Parties acknowledge that the covenants set forth in this
Franchise are essential to this Franchise, and, but for the mutual agreements of the Parties to
comply with such covenants, the Parties would not have entered into this Franchise. The Parties
further acknowledge that they may not have an adequate remedy at law if the other Party
violates such covenant. Therefore, in addition to any other rights they may have, the Parties shall
have the right to obtain in any court of competent jurisdiction injunctive relief to restrain any
breach or threatened breach, or to specifically enforce any of the Franchise covenants should the
other Party fail to perform them.
17.8 Renton’s Remedies: In addition to the terms of this Franchise, or rights that
Renton possesses at law or equity, Renton reserves the right to apply any remedy, including but
not limited to those detailed in Sections XVIII – XX below, alone or in combination, in the event
Franchisee violates any material provision of this Franchise. The remedies provided for in this
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Franchise are cumulative and not exclusive; the exercise of one remedy shall not prevent the
exercise of another or any rights of Renton at law, in equity, or by statutes, unless specifically
waived in this Agreement or in a document signed by both parties.
SECTION XVIII: Dispute Resolution
18.1 Notice of Default: If there is any alleged default as to performance under this
Franchise, Renton shall notify Franchisee in writing, stating with reasonable specificity the nature
of the alleged default. Within ten (10) days of its receipt of such notice, Franchisee shall provide
a written response to Renton acknowledging receipt of notice and stating Franchisee’s response.
Franchisee has thirty (30) days (“cure period”) from the date of the notice’s mailing to:
a. Respond to Renton, contesting Renton’s assertion(s) as to the dispute or any
alleged default and requesting a meeting in accordance with subsection 18.2, or;
b. Cure the alleged default, or;
c. Notify Renton if Franchisee cannot cure the alleged default within thirty (30) days,
due to the nature of the default. Notwithstanding such notice, Franchisee shall promptly
take all reasonable steps to begin to cure the alleged default and notify Renton in writing
and in detail as to the actions that Franchisee will take and the projected completion date.
In such case, Renton may set a meeting in accordance with subsection 18.2.
18.2 Meeting: If any alleged default is not cured or if a subsection 18.1 meeting is
requested, Renton shall promptly schedule a meeting between the Parties to discuss the alleged
default. Renton shall notify Franchisee of the meeting in writing and the meeting shall take place
not less than ten (10) days after Franchisee’s receipt of notice of the meeting. Each Party shall
appoint a representative who shall attend the meeting, represent their party’s interests, and who
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shall exercise good faith to reach an agreement on any alleged default and/or any corrective
action to be taken. Any dispute (including any dispute concerning the existence of or any
corrective action to be taken to cure any alleged default) that is not resolved within ten (10) days
following the conclusion of the meeting shall be referred by the Parties’ representatives in writing
to the Parties’ senior management for resolution. If senior management is unable to resolve the
dispute within twenty (20) days of referral (or such other period as the Parties may agree upon),
each Party may pursue resolution of the dispute through Section XIX, Arbitration, of this
Franchise. All negotiations pursuant to these procedures for the resolution of disputes shall be
confidential and shall be treated as compromise and settlement negotiations for purposes of the
state and federal rules of evidence.
18.3 Additional Resolution Options: If, at the conclusion of the steps provided for in
subsections 18.1 and 18.2 above, Renton and Franchisee are unable to settle the dispute or agree
upon the existence of a default or the corrective action to be taken to cure any alleged default,
Renton or Franchisee (as Franchisee may have authority to do so) may:
a. Take any enforcement or corrective action provided for by Law, including the city
code; provided such action does not conflict with this Franchise’s provisions, and/or;
b. Demand arbitration, pursuant to Section XIX below, for disputes arising out of or
related to Sections III, Grant of Franchise (or such other sections with respect to the
existence of conflicts or inconsistencies with the express terms and conditions of this
Franchise and any applicable Laws); XIII, Records of Installation; XIV, Undergrounding of
Facilities (except as preempted by WUTC authority); and XV, Relocation of Franchisee
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Facilities (excluding project delay claims exceeding thirty thousand dollars ($30,000)) of
this Franchise (the “Arbitration Claims”), and/or;
c. By ordinance, declare an immediate forfeiture of this Franchise for a breach or
default of any material, non‐Arbitration Claims, obligations under this Franchise and/or;
d. Take any action to which it is entitled under this Franchise or any applicable Laws.
18.4 Continuation of Obligations: Unless otherwise agreed by Renton and Franchisee
in writing, Renton and Franchisee shall, continue to perform their respective obligations under
this Franchise during the pendency of any dispute.
SECTION XIX: Arbitration
19.1 Rules and Procedures: The Parties agree that any dispute, controversy, or claim
arising out of or relating to Arbitration Claims, shall be referred for resolution to the American
Arbitration Association in accordance with the rules and procedures in force at the time of the
submission of a request for arbitration.
19.2 Discovery: The arbitrators shall allow appropriate discovery to facilitate a fair,
speedy and cost‐effective resolution of the dispute(s). The arbitrators shall reference the
Washington State Rules of Civil Procedure then in effect in setting the scope and timing of
discovery. The Washington State Rules of Evidence shall apply. The arbitrators may enter a
default decision against any Party who fails to participate in the arbitration proceedings.
19.3 Compensatory Damages: The arbitrators may award compensatory damages,
including consequential damages. Such damages may include, but shall not be limited to: all
costs and expenses of materials, equipment, supplies, utilities, consumables, goods and other
items; all costs and expenses of any staff; all costs and expenses of any labor (including, but not
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limited to, labor of any contractors and/or subcontractors); all pre‐arbitration costs and expenses
of consultants, attorneys, accountants, professional and other services; and all taxes, insurance,
interest expenses, overhead and general administrative costs and expenses, and other costs and
expenses of any kind incurred in connection with the dispute. The arbitrator may award
equitable relief in those circumstances where monetary damages would be inadequate.
19.4 Award: Any award by the arbitrators shall be accompanied by a written opinion
setting forth the findings of fact and conclusions of law relied upon in reaching the decision. The
award rendered by the arbitrators shall be final, binding and non‐appealable, and judgment upon
such award may be entered by any court of competent jurisdiction.
19.5 Each Party’s Costs: Except as provided in subsection 19.7 below, each Party shall
pay the fees of its own attorneys, expenses of witnesses, and all other expenses and costs in
connection with the presentation of such Party’s case including, without limitation, the cost of
any records, transcripts or other things used by the Parties for the arbitration, copies of any
documents used in evidence, certified copies of any court, property or city documents or records
that are placed into evidence by a Party.
19.6 Arbitration Costs: Except as provided in subsection 19.7 below, the remaining
costs of the arbitration, including without limitation, fees of the arbitrators, costs of records or
transcripts prepared for the arbitrator's use in the arbitration, costs of producing the arbitrator’s
decision and administrative fees shall be borne equally by the Parties.
19.7 Costs for Multiple Arbitrations: Notwithstanding the foregoing subsections 19.5
and 19.6, in the event either Party is found during the term of this Franchise to be the prevailing
party in any two (2) arbitration proceedings brought by such party pursuant to this Section XIX,
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then such party shall be entitled to recover all reasonably incurred Costs, including attorneys’
fees, for any subsequent arbitration brought by them in which they are found to be the prevailing
party.
19.8 Transcript Costs: In the event a Party makes a copy of an arbitration proceeding
transcript for its use in writing a post‐hearing brief, or an arbitration decision copy to append to
a lawsuit to reduce the award to judgment, etc., then that Party shall bear the cost, except to the
extent such cost might be allowed by a court as court costs.
SECTION XX: Alternative Remedies
No provision of this Franchise shall be deemed to bar the right of Renton or Franchisee to
seek or obtain judicial relief from a violation of any Franchise provision or any rule, regulation,
requirement or directive promulgated for non‐Arbitration Claims. Neither the existence of other
Franchise remedies nor the use of such remedies shall bar or limit the right of Renton or
Franchisee to recover monetary damages for violations by the other Party, or to seek and obtain
judicial enforcement of the other Party’s obligations by means of specific performance, injunctive
relief or mandate, or any other remedy at law or in equity.
SECTION XXI: Amendments to Franchise
This Franchise may only be amended by written instrument, signed by the Parties,
specifically stating that it is an amendment to this Franchise and is approved and executed in
accordance with State of Washington laws. Without limitation, and unless required by any Laws,
this Franchise shall govern and supersede and shall not be altered, limited, supplemented or
otherwise amended by any permit, approval, license, agreement or other document required by
or obtained from Renton in conjunction with Franchisee’s exercise or failure to exercise any and
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all benefits, privileges, obligations or duties in and under this Franchise, unless such permit,
approval, license, agreement or other document specifically:
a. References this Franchise; and
b. States that it supersedes this Franchise to the extent it contains terms and
conditions which alter, limit, supplement or otherwise amend the terms and conditions
of this Franchise. In the event of any conflict or inconsistency between the provisions of
this Franchise and the provisions of any such permit, approval, license, agreement or
other document, except as expressly required by Laws and/or superseded by such permit,
approval, license, agreement or other document, the Franchise provisions shall control.
SECTION XXII: Indemnification
22.1 Renton: In Sections XXII and XXIII, “Renton” means the City of Renton, and its
elected officials, agents, employees, officers, representatives, consultants (of any level), and
volunteers.
22.2 Indemnification by Franchisee: Franchisee shall indemnify, defend, and hold
harmless Renton, from and against any and every Third‐Party action, claim, cost, damage, death,
expense, harm, injury, liability, or loss of any kind, in law or in equity, to persons or property,
including reasonable attorneys’ and experts’ fees and/or costs incurred by Renton in its defense,
arising out of or related to, directly or indirectly, to Franchisee’s Work or abandonment of
Facilities, or from the existence of Franchisee’s Facilities, and the products contained in,
transferred through, any signals or emissions from the Facilities, released or escaped from the
Facilities, including the reasonable costs of assessing such damages and any liability for costs of
investigation, abatement, correction, cleanup, fines, penalties, or other damages arising under
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any Laws, including, but not limited to, Environmental Laws, and any action, claim, cost, damage,
death, expense, harm, injury, liability, or loss, to persons or property which is caused by, in whole
or in part, and only to the extent of, the willfully tortious or negligent acts or omissions of
Franchisee or its agents, contractors (of any tier), employees, representatives or trainees related
to Franchisee’s granted Franchise privileges. If any action or proceeding is brought against
Renton by reason of Franchisee’s Facilities, Franchisee shall defend Renton at Franchisee’s sole
expense, provided that, for uninsured actions or proceedings, defense attorneys shall be
approved by Renton, which approval shall not be unreasonably withheld. The terms of this
section shall not require Franchisee to indemnify Renton against and hold harmless Renton from
claims, demands or suits based upon Renton’s negligent or willful conduct, and provided further
that if the claims or suits are caused by or result from the concurrent negligence of (a) the
Franchisee’s agents, officers, or employees and (b) Renton, this provision with respect to claims
or suits based upon such concurrent negligence shall be valid and enforceable only to the extent
of Franchisee’s negligence or the negligence of Franchisee’s agents or employees except as
limited in this Franchise.
22.3 Environmental Indemnification: Franchisee shall indemnify, defend, and save
Renton harmless from and against any and every Third‐Party action, claim, cost, damage, death,
expense, harm, injury, liability, or loss, either at law or in equity, to persons or property, including,
but not limited to, costs and reasonable attorneys’ and experts’ fees incurred by Renton, arising
directly or indirectly from: (a) Franchisee’s breach of any environmental Laws or Laws applicable
to the Facilities, or (b) from any release of a hazardous substance on or from the Facilities, or (c)
other activity related to this Franchise by Franchisee. This indemnity includes, but is not limited
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to, (a) liability for a governmental agency’s costs of removal or remedial action for Hazardous
Substances; (b) damages to natural resources caused by Hazardous Substances, including the
reasonable costs of assessing such damages; (c) liability for any other person’s costs of
responding to Hazardous Substances; (d) liability for any investigation, abatement, correction,
cleanup, costs, fines, penalties, or other damages arising under any Laws; and (e) liability for
personal injury, property damage, or economic loss arising under any statutory or common‐law
theory or Laws.
22.4 Title 51 Waiver: Franchisee’s indemnification obligations pursuant to this section
shall include assuming potential liability for actions brought by Franchisee’s own employees and
the employees of Franchisee's agents, representatives, contractors (of any tier) even though
Franchisee might be immune under RCW Title 51 from direct suit brought by such employees. It
is expressly agreed and understood that this assumption of potential liability for actions brought
by the aforementioned persons is limited solely to claims against Renton arising by virtue of
Franchisee’s exercise of the privileges set forth in this agreement. The obligations of Franchisee
under this section have been mutually negotiated by the Parties, and Franchisee acknowledges
that Renton would not enter into this agreement without Franchisee’s waiver of immunity. To
the extent required to provide this indemnification and this indemnification only, Franchisee
waives its immunity under Title 51 RCW as provided in RCW 4.24.115 (Validity of agreement to
indemnify against liability for negligence relative to construction, alteration, improvement,
etc.,…).
22.5 Real Estate Indemnity: Should a court of competent jurisdiction determine that
this Franchise is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for
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negligence relative to construction, alteration, improvement, etc.,…), as it exists or may be
amended, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of Franchisee, its
officers, officials, employees, and volunteers and/or the contractor, or Renton, its elected
officials, officers, officials, employees, and volunteers, and or the contractor, the party’s liability
shall be only to the extent of the party’s negligence.
22.6 Notice: In the event any matter for which Renton intends to assert its rights under
this section is presented to or filed with Renton, Renton shall promptly attempt to notify
Franchisee in accordance with Section XXV of this Franchise, and Franchisee shall have the
privilege, at its election and at its sole costs and expense, to settle and compromise such matter
as it pertains to Franchisee’s responsibility to indemnify, defend and hold harmless Renton. In
the event any suit or action is started against Renton based upon any such matter, Renton shall
likewise promptly attempt to notify Franchisee, and Franchisee shall have the privilege, at its
election and at its sole cost and expense, to settle and compromise such suit or action, or defend
the same at its sole cost and expense, by attorneys of its own election, as it pertains to
Franchisee’s responsibility to indemnify, defend and hold harmless Renton. Franchisee’s
indemnification obligations do not apply to the extent that Renton fails to provide attempt to
notice in accordance with Section XXV of this Franchise, and such failure materially prejudices
Franchisee or the defense of an action, claim, cost, damage, death, expense, harm, injury,
liability, or loss of any kind.
22.7 Recovery of City Costs: In the event that Renton is required to defend a “suit or
action” and Franchisee refuses to defend and indemnify Renton, as referenced in subsection 22.2
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and Renton is determined to be without fault for the claim or demand giving rise to such "suit or
action,” Franchisee shall reimburse Renton for a percentage of Renton’s total defense costs. The
percentage of Renton’s total defense costs to be reimbursed shall be a percentage equal to the
percentage (if any) of fault attributable to Franchisee for the claim or demand giving rise to such
“suit or action.”
22.8 Survival: The provisions of this section shall survive the expiration or termination
of this Franchise if the basis for any such claim, demand, suit or action as referenced in subsection
22.2 occurred during the Franchise term.
22.9 Negotiated: THE PARTIES HAVE SPECIFICALLY NEGOTIATED SECTION XXII,
INDEMNIFICATION.
SECTION XXIII: Insurance
23.1 Insurance Required: Franchisee shall procure and maintain for the duration of the
Franchise, insurance, or provide evidence of self‐insurance, against all claims for injuries to
persons or damages to property which may arise from or in connection with the exercise of the
privileges granted by Franchise to Franchisee. Franchisee shall provide to Renton an insurance
certificate, and/or a certificate of self‐insurance, together with an blanket additional insured
endorsement on the general and automotive liability policies, including Renton as an additional
insured as their interest may appear under this Agreement upon Franchisee’s acceptance of this
Franchise, and such insurance certificate shall evidence the following coverages:
a. Commercial general liability insurance, including but not limited to, blanket
contractual, property damage, premises‐operations, explosion, collapse and hazard,
underground hazard (XCU) and products completed hazard, with limits of five million
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dollars ($5,000,000) for each occurrence for bodily injury and property damage and five
million dollars ($5,000,000) general aggregate;
b. Commercial automobile liability for owned, non‐owned and hired vehicles with a
combined single limit of three million dollars ($3,000,000) each accident for bodily injury
and property damage;
c. Worker’s Compensation within statutory limits consistent with the Industrial
Insurance laws of the State of Washington; and
d. Pollution liability with a limit not less than one million dollars ($1,000,000) for each
occurrence, and two million dollars ($2,000,000) in the aggregate, for pollution condition
arising out of or resulting from the use and occupancy of the premises and the operations
conducted thereon.
23.2 Deductibles: All deductibles shall be the sole responsibility of Franchisee. The
insurance certificate required by this section shall contain a clause stating that coverage shall
apply separately to each insured against whom claim is made or suit is brought, except with
respect to the aggregate limits of the insurer’s liability.
23.3 Additional Insured: Renton, its officers, officials, employees, and volunteers shall
be included as an additional insured as their interest may appear under this Agreement on the
commercial general liability and commercial automobile liability insurance, as respects work
performed by Franchisee and the blanket additional insured endorsement shall be included with
on the certificate of insurance or certification of self‐insurance.
23.4 Primary Insurance: Franchisee’s insurance shall be primary insurance with respect
to Renton. Any insurance maintained by Renton shall be in excess of Franchisee’s insurance and
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shall not contribute with it. Franchisee shall give Renton thirty (30) days prior written notice by
certified mail, return‐receipt requested, of suspension, cancellation, or material change in
coverage.
23.5 Cancellation: Upon receipt of notice from its insurer(s) Franchisee shall provide
the City of Renton with thirty (30) days prior written notice of cancellation In the event of
cancellation or a decision not to renew, Franchisee shall obtain and furnish to Renton evidence
of replacement insurance policies meeting the requirements of this section before the
cancellation date.
23.6 Certificates and Endorsements: Franchisee shall furnish Renton with certificates
of insurance evidencing the coverage or self‐insurance required by this section upon acceptance
of this Franchise. The certificates and blanket additional insured endorsement shall be signed by
a person authorized by the insurer to bind coverage on its behalf and must be received and
approved by Renton prior to the commencement of any Work.
23.7 Separate Coverage: Franchisee’s insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer’s liability.
23.8 Survival: The indemnity and insurance provisions under Sections XXII and XXIII
shall survive the termination of this Franchise and shall continue for as long as Franchisee’s
Facilities remain in or on the Franchise Area or until the Parties execute a new Franchise that
modifies or terminates these indemnity or insurance provisions.
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
42
SECTION XXIV: Discrimination Prohibited
In connection with this Franchise, including and not limited to all Work, hiring and
employment, neither Franchisee nor its employees, agents, subcontractors, volunteers or
representatives shall discriminate on the basis of race, color, sex, religion, nationality, creed,
marital status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any sensory,
mental or physical handicap, unless based upon a bona fide occupational qualification in
relationship to hiring and employment, in employment or application for employment or in the
administration of the delivery of services or any other benefits under this agreement. Franchisee
shall comply fully with all applicable Laws that prohibit such discrimination. A copy of this
language must be made a part of any contractor or subcontractor agreement.
SECTION XXV: Notice
25.1 Whenever notice to or notification by any Party is required, that notice shall be in
writing and directed to the recipient at the address set forth below, unless written notice of
change of address is provided to the other Party. Any notice or information required or permitted
to be given to the Parties under this Franchise may be sent to following Addresses unless
otherwise specified:
City Address:
City of Renton
Administrator, Public Works Department
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430‐7311
Company Address:
XO Communications Services, LLC
ATTN: Franchise manager
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
43
600 Hidden Ridge
Mailcode: HQE02G295
Irving, TX 75038
With Copies to:
XO Communications Services, LLC
1320 N. Courthouse Road, Suite 900
Arlington, VA, USA 22201
Attn: Vice President and Deputy General Counsel, Network Operations
25.2 If the date for making any payment or performing any act is a legal holiday,
payment may be made or the act performed on the next succeeding business day which is not a
legal holiday.
25.3 The Parties may change the address and representative by providing written
notice of such change by accepted e‐mail or certified‐mail. All notices shall be deemed complete
upon actual receipt or refusal to accept delivery. Facsimile or a .pdf e‐mailed transmission of any
signed original document and retransmission of any signed facsimile transmission shall be the
same as delivery of an original document.
SECTION XXVI: Miscellaneous
26.1 As Is: Franchisee agrees and accepts the Franchise Area in an “as is” condition.
Franchisee agrees that Renton has never made any representations, implied or express
warranties, or guarantees as to the suitability, security or safety of the location of Franchisee’s
Facilities or the Franchise Area, or possible hazards or dangers arising from other uses or users
of the Franchise Area, Rights‐of Way, Public Property, and Public Ways including any use by
Renton, the general public, or by other utilities. As to Renton and Franchisee, Franchisee shall
remain solely and separately liable for the Work, function, testing, maintenance, replacement
and/or repair of the Facilities or other activities permitted by this Franchise.
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
44
26.2 Assignees and Successors: This Franchise and all of the terms and provisions shall
be binding upon and inure to the benefit of the Parties’ respective successors and assignees.
26.3 Attorneys’ Fees: Except as provided in Section XIX, if a suit or other action is
instituted in connection with any controversy arising out of this Franchise, the prevailing party
shall be entitled to recover all of its Costs, including such sum as the court may judge as
reasonable for attorneys' fees, costs, expenses and attorneys' fees upon appeal of any judgment
or ruling.
26.4 Conflicts: If there is a conflict between this and any previous Franchise between
the Parties, the terms of this Franchise shall supersede the terms of the previous Franchise.
26.5 Contractors (of any tier): Franchisee’s contractors may act on Franchisee’s behalf
to the extent that Franchisee permits its contractors to do so. Franchisee is responsible for
ensuring that Franchisee’s contractors have every obligation, duty and responsibility that
Franchisee has in discharging its duties related to this Franchise agreement.
26.6 Eminent Domain: This Franchise shall not preclude a governmental body from
acquiring the Franchise Area by lawful condemnation, or Renton from acquiring any portion of
the Facilities by lawful condemnation. In determining the Facilities’ value, no value shall be
attributed to the right to occupy the Franchise Area.
26.7 Force Majeure: In the event that Franchisee is prevented or delayed in the
performance of any of its obligations under this Franchise by reason(s) beyond the reasonable
control of Franchisee, then Franchisee’s performance shall be excused during the Force Majeure
occurrence. Upon removal or termination of the Force Majeure occurrence Franchisee shall
promptly perform the affected obligations in an orderly and expedited manner under this
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
45
Franchise or procure a substitute for such obligation or performance that is satisfactory to
Renton. Franchisee shall not be excused by mere economic hardship or by misfeasance or
malfeasance of its directors, officers or employees. Events beyond Franchisee’s reasonable
control include, but are not limited to, Acts of God, war, acts of domestic terrorism or violence,
civil commotion, labor disputes, strikes, earthquakes, fire, flood or other casualty, shortages of
labor or materials, government regulations or restrictions and extreme weather conditions.
Franchisee shall use all commercially reasonable efforts to eliminate or minimize any delay
caused by a Force Majeure event.
26.8 Forfeiture and Other Remedies: If Franchisee willfully violates or fails to comply
with any of the Franchise provisions, or through willful or unreasonable negligence fails to heed
or comply with any notice that Renton may give to Franchisee under the Franchise provisions, at
the election of the Renton City Council, this Franchise may be revoked or annulled after a hearing
held upon reasonable notice to Franchisee (which notice shall be given at least thirty (30) days
before the hearing), and upon such revocation, all privileges conferred under this Franchise shall
be forfeited.
26.9 Franchisee’s Acceptance: Renton may void this Franchise ordinance if Franchisee
fails to file its unconditional acceptance of this Franchise within thirty (30) days from the final
passage of same by the Renton City Council. Franchisee shall file this acceptance with the City
Clerk of the City of Renton.
26.10 Governing Law: This Franchise shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
46
26.11 Jurisdiction and Venue: Any lawsuit or legal action brought by any party to enforce
or interpret this Franchise or any of its terms or shall be in the United States District Court for the
Western District of Washington, in Seattle, Washington, or in the King County Superior Court for
the State of Washington at the Maleng Regional Justice Center, Kent, Washington.
26.12 No Duty by Renton: This Franchise neither creates any duty by Renton nor any of
its elected officials, agents, employees or representatives, and no liability arises from any action
or inaction by Renton or any of its elected officials, agents, employees or representatives in the
exercise of their powers or authority. Renton is not required to inspect or guarantee Franchisee’s
Work. This Franchise is not intended to acknowledge, create, imply or expand any duty or liability
of Renton with respect to any function in the exercise of its police power or for any other purpose.
Any duty that may be deemed to be created in Renton by this Franchise shall be deemed a duty
to the general public and not to any specific party, group or entity.
26.13 Notice of Tariff Changes: Franchisee shall, when making application for any
changes in Tariffs affecting the provisions of the Franchise, notify Renton in writing of the
application and provide Renton with a copy of the submitted application within five (5) calendar
days of filing with the WUTC. Franchisee shall further provide Renton with a copy of any actual
approved Tariff(s) affecting the provision of this Franchise.
26.14 Other Obligations: This Franchise shall not alter, change or limit Franchisee’s
obligations under any other agreement or its obligations as it relates to any other property or
endeavor.
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
47
26.15 Renton’s Police Powers: Nothing in this Franchise shall diminish, or eliminate, or
be deemed to diminish or eliminate that governmental or police powers of Renton, including the
right to create new Laws or modify existing Laws.
26.16 Public Document/Public Disclosure: This Franchise will be considered a public
document and will be available for reasonable inspection and copying by the public during regular
business hours. This document may be disclosed pursuant to RCW 42.56 (Public Records Act).
26.17 Section Headings: The Section headings in this Franchise are for convenience only,
and do not purport to and shall not be deemed to define, limit, or extend the scope or intent of
the section to which they pertain.
26.18 Severability: In the event that a court or agency of competent jurisdiction declares
a material provision of this Franchise to be invalid, illegal or unenforceable, the Parties shall
negotiate in good faith and agree, to the maximum extent practicable in light of such
determination, to such amendments or modifications as are appropriate so as to give effect to
the intentions of the Parties. If severance from this Franchise of the particular provision(s)
determined to be invalid, illegal or unenforceable will fundamentally impair the value of this
Franchise, either Party may apply to a court of competent jurisdiction to reform or reconstitute
the Franchise so as to recapture the original intent of said particular provision(s). All other
provisions of the Franchise shall remain in effect at all times during which negotiations or a
judicial action remains pending.
26.19 Survival: With respect only to matters arising during the period of time this
Franchise shall be in full force and effect, the Parties intend that any term or condition applicable
to such matters shall survive the expiration or termination of this Franchise to the extent such
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
48
survival can be reasonably inferred under the circumstances presented and to the extent such an
inference is necessary to prevent substantial injustice to an injured party.
26.20 Third‐Parties: The Parties do not create any obligation or liability, or promise any
performance to, any Third‐Party, nor have the Parties created any Third‐Party right to enforce
this Franchise beyond what is provided for by Laws. “Third‐Parties” are any party other than
Renton and Franchisee. This Franchise shall not release or discharge any obligation or liability of
any Third‐Party to either Party.
26.21 Time of the Essence: Whenever this Franchise sets forth a time for any act to be
performed, such time shall be deemed to be of the essence, and any failure to perform within
the allotted time may be considered a material violation of this Franchise.
SECTION XXVII: Effective Date
This ordinance shall be in full force and effect five (5) days after publication of a summary
of this ordinance in the City’s official newspaper, and provided it has been duly accepted by
Franchisee. The summary shall consist of this ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2017.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2017.
Denis Law, Mayor
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
49
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:1985:9/21/17:scr
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
50
UNCONDITIONAL ACCEPTANCE
The undersigned, Franchisee, accepts all the privileges of the above‐granted franchise, subject to
all the terms, conditions, and obligations of this Franchise.
DATED: _________________, 2017.
XO COMMUNICATIONS SERVICES, LLC
____________________________________
Robert F. McGee
____________________________________
Director Network Engineering & Operations
AGENDA ITEM # 8. b)
ORDINANCE NO. ________
51
Attachment 1
AGENDA ITEM # 8. b)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING THE
PROPERTY TAX LEVY FOR THE YEAR 2018 FOR GENERAL CITY OPERATIONAL
PURPOSES IN THE AMOUNT OF $19,400,000.
WHEREAS, the Council has met and considered its budget for the fiscal year 2018; and
WHEREAS, the Council, after hearing and considering all relevant evidence and testimony
presented, determined that, in order to discharge the expected expenses and obligations of the
City and in its best interest, the City of Renton requires a regular property tax levy in the amount
of $19,400,000 for 2018;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. The regular property tax levy is hereby authorized for 2018 in the amount
of $19,400,000.
This amount includes new construction and improvements to property in the amount of
$405,847; re‐levy of prior year refunds in the amount of $66,309; adjustments as a result of
annexations that have occurred in the amount of $0; and any increase in the value of state‐
assessed property.
SECTION II. The regular levy includes levy for the Firemen’s Pension at the rate of
$0.225 per $1,000 assessed valuation.
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.
AGENDA ITEM # 8. c)
ORDINANCE NO. _________
2
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:1996:10/23/17:scr
AGENDA ITEM # 8. c)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE CITY
OF RENTON FISCAL YEARS 2017/2018 BIENNIAL BUDGET AS ADOPTED BY
ORDINANCE NO. 5824 AND THEREAFTER AMENDED BY ORDINANCE NOS. 5835
AND 5850, IN THE AMOUNT OF $11,410,872.
WHEREAS, on November 21, 2016, the City Council adopted Ordinance No. 5824
approving the City of Renton’s 2017/2018 Biennial Budget; and
WHEREAS, on April 24, 2017, the Council adopted Ordinance No. 5835 carrying forward
funds appropriated in 2016, but not expended in 2016, due to capital project interruptions and
delays in invoice payments, which needed to be carried forward and appropriated for
expenditure in 2017; and
WHEREAS, on July 17, 2017, the Council adopted Ordinance No. 5850 making minor
corrections and recognizing grants, contributions and associated costs, and new cost items not
included in the budget requiring additional adjustments to the 2017/2018 Biennial Budget; and
WHEREAS, pursuant to Chapter 35A.34 RCW the Council is required to provide for a mid‐
biennial review, and any modification thereto shall occur no sooner than eight months after the
start, but no later than the conclusion of the first year of the biennium; and
WHEREAS, it is necessary to amend the City of Renton’s 2017/2018 Biennial Budget to
create a new Family First Center Development Fund 346 to better track the resources and costs
related to this project;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
AGENDA ITEM # 8.
ORDINANCE NO. _______
2
SECTION I. Ordinance Nos. 5824, 5835 and 5850 establishing the City of Renton’s
2017/2018 Biennial Budget are hereby amended in the total amount of $11,410,872 for an
amended total of $561,399,754 over the biennium.
SECTION II. The 2017 Mid‐Biennial Budget Adjustment Summary by Fund is hereby
attached as Exhibit A and the 2018 Mid‐Biennial Adjusted Budget Summary by Fund is hereby
attached as Exhibit B. Detailed lists of adjustments are available for public review in the Office
of the City Clerk, Renton City Hall.
SECTION III. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this
ordinance’s title.
PASSED 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:1993:10/24/17:scr
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B
L
E
CO
M
M
U
N
I
C
A
T
I
O
N
S
DE
V
E
L
O
P
M
E
N
T
39
4
,
5
0
4
‐
39
4
,
5
0
4
12
2
,
6
7
4
‐
12
2
,
6
7
4
12
2
,
6
7
4
‐
12
2
,
6
7
4
394,504
394,504
13
5
SP
R
I
N
G
B
R
O
O
K
WE
T
L
A
N
D
S
BA
N
K
33
4
,
0
2
5
‐
33
4
,
0
2
5
‐
‐
‐
‐
‐
‐
334,025
334,025
30
3
CO
M
M
U
N
I
T
Y
SE
R
V
I
C
E
S
IM
P
A
C
T
MI
T
I
G
A
T
I
O
N
1,
2
5
5
,
1
9
4
‐
1,
2
5
5
,
1
9
4
40
6
,
0
1
4
‐
40
6
,
0
1
4
‐
54
,
0
7
4
54
,
0
7
4
1,607,134
1,607,134
30
4
FI
R
E
IM
P
A
C
T
MIT
I
G
A
T
I
O
N
60
7
,
1
6
3
‐
60
7
,
1
6
3
99
,
0
0
0
‐
99
,
0
0
0
15
8
,
6
9
6
‐
15
8
,
6
9
6
547,467
547,467
30
5
TR
A
N
S
P
O
R
T
A
T
I
O
N
IM
P
A
C
T
MIT
I
G
A
T
I
O
N
1,
4
9
7
,
7
4
8
‐
1,
4
9
7
,
7
4
8
62
0
,
0
0
0
‐
62
0
,
0
0
0
1,
8
9
0
,
0
0
0
‐
1,
8
9
0
,
0
0
0
227,748
227,748
31
6
MU
N
I
C
I
P
A
L
FA
C
I
L
I
T
I
E
S
CI
P
15
,
0
3
8
,
0
3
0
‐
15
,
0
3
8
,
0
3
0
13
,
7
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1
,
6
3
2
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4
5
9
,
3
8
1
15
,
1
6
1
,
0
1
3
23
,
1
9
8
,
1
3
3
1,
4
5
9
,
3
8
1
24
,
6
5
7
,
5
1
4
5,541,529
5,541,529
31
7
CA
P
I
T
A
L
IM
P
R
O
V
E
M
E
N
T
5,
6
4
0
,
4
9
4
‐
5,
6
4
0
,
4
9
4
19
,
4
1
9
,
4
9
3
1,
0
9
2
,
6
9
5
20
,
5
1
2
,
1
8
8
24
,
5
4
4
,
6
7
5
54
9
,
3
3
5
25
,
0
9
4
,
0
1
0
1,058,672
(440,000) 618,672
32
6
HO
U
S
I
N
G
OP
P
O
R
T
U
N
I
T
Y
/
E
C
O
DE
V
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V
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L
V
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G
1,
0
4
1
,
1
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3
‐
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0
4
1
,
1
7
3
1,
5
0
0
,
0
0
0
‐
1,
5
0
0
,
0
0
0
‐
‐
‐
2,541,173
(2,500,000) 41,173
33
6
NE
W
LI
B
R
A
R
Y
DE
V
E
L
O
P
M
E
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T
1,
1
2
2
,
6
0
1
‐
1,
1
2
2
,
6
0
1
‐
‐
‐
1,
0
2
5
,
2
2
7
‐
1,
0
2
5
,
2
2
7
97,374
97,374
34
6
NE
W
FA
M
I
L
Y
FI
R
S
T
CE
N
T
E
R
DE
V
E
L
O
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M
E
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T
‐
‐
‐
‐
4,
0
0
0
,
0
0
0
4,
0
0
0
,
0
0
0
‐
‐
‐
4,000,000
4,000,000
40
2
AI
R
P
O
R
T
OP
E
R
A
T
I
O
N
S
& CI
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2
,
6
1
9
,
3
4
3
‐
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6
1
9
,
3
4
3
3,
4
0
5
,
8
4
2
‐
3,
4
0
5
,
8
4
2
5,
6
8
8
,
0
2
3
‐
5,
6
8
8
,
0
2
3
337,162
(173,563) 163,599
40
3
SO
L
I
D
WA
S
T
E
UT
I
L
I
T
Y
2,
7
5
1
,
4
1
7
‐
2,
7
5
1
,
4
1
7
19
,
1
8
7
,
8
5
1
‐
19
,
1
8
7
,
8
5
1
19
,
0
2
4
,
7
7
5
‐
19
,
0
2
4
,
7
7
5
2,914,493
(400,000) 2,514,493
40
4
GO
L
F
CO
U
R
S
E
SY
S
T
E
M
& CA
P
I
T
A
L
3
7
,
0
8
8
‐
37
,
0
8
8
2,
8
9
3
,
0
4
4
‐
2,
8
9
3
,
0
4
4
2,
6
3
0
,
2
8
8
‐
2,
6
3
0
,
2
8
8
299,844
(143,549) 156,295
40
5
WA
T
E
R
OP
E
R
A
T
I
O
N
S
& CA
P
I
T
A
L
2
8
,
5
2
8
,
9
3
4
‐
28
,
5
2
8
,
9
3
4
17
,
1
8
0
,
5
2
6
3,
4
5
5
,
7
4
2
20
,
6
3
6
,
2
6
8
35
,
3
4
7
,
1
5
4
3,
4
5
6
,
4
4
6
38
,
8
0
3
,
6
0
0
10,361,602
(3,346,984) 7,014,618
40
6
WA
S
T
E
W
A
T
E
R
OP
E
R
A
T
I
O
N
S
& CA
P
I
T
A
L
1
8
,
8
5
4
,
3
2
0
‐
18
,
8
5
4
,
3
2
0
30
,
7
7
0
,
6
2
9
1,
6
3
3
,
6
2
4
32
,
4
0
4
,
2
5
3
38
,
0
4
3
,
5
0
9
1,
7
0
0
,
9
8
6
39
,
7
4
4
,
4
9
5
11,514,078
(2,069,169) 9,444,910
40
7
SU
R
F
A
C
E
WA
T
E
R
OP
E
R
A
T
I
O
N
S
& CA
P
I
T
A
L
1
0
,
8
9
3
,
9
7
5
‐
10
,
8
9
3
,
9
7
5
16
,
5
5
7
,
7
5
6
1,
6
6
5
,
8
0
2
18
,
2
2
3
,
5
5
8
19
,
8
0
5
,
7
6
3
1,
7
2
8
,
2
0
3
21
,
5
3
3
,
9
6
6
7,583,567
(1,321,543) 6,262,024
50
1
EQ
U
I
P
M
E
N
T
RE
N
T
A
L
6,
4
3
2
,
0
5
3
‐
6,
4
3
2
,
0
5
3
6,
4
9
4
,
3
5
3
‐
6,
4
9
4
,
3
5
3
7,
7
2
8
,
1
1
3
5,
0
0
0
7,
7
3
3
,
1
1
3
5,193,293
5,193,293
50
2
IN
S
U
R
A
N
C
E
12
,
8
5
2
,
5
0
9
‐
12
,
8
5
2
,
5
0
9
7,
3
9
2
,
3
6
8
‐
7,
3
9
2
,
3
6
8
3,
5
7
1
,
1
6
6
‐
3,
5
7
1
,
1
6
6
16,673,711
(16,567,061) 106,650
50
3
IN
F
O
R
M
A
T
I
O
N
SE
R
V
I
C
E
S
2,
5
7
0
,
3
7
4
‐
2,
5
7
0
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3
7
4
5,
7
3
1
,
7
7
6
19
6
,
7
0
9
5,
9
2
8
,
4
8
5
6,
8
3
5
,
6
3
6
29
0
,
8
0
9
7,
1
2
6
,
4
4
5
1,372,414
1,372,414
50
4
FA
C
I
L
I
T
I
E
S
1,
2
7
5
,
0
5
3
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2
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0
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6
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0
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10
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7
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0
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0
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7
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7
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5
5,
1
3
4
,
4
3
3
18
1
,
6
5
8
5,
3
1
6
,
0
9
1
1,036,677
1,036,677
50
5
CO
M
M
U
N
I
C
A
T
I
O
N
S
54
2
,
9
2
7
‐
54
2
,
9
2
7
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0
7
8
,
2
5
3
‐
1,
0
7
8
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2
5
3
1,
0
7
6
,
4
7
4
‐
1,
0
7
6
,
4
7
4
544,706
544,706
51
2
HE
A
L
T
H
C
A
R
E
IN
S
U
R
A
N
C
E
4,
1
5
6
,
1
4
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1
5
6
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1
4
8
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7
8
7
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7
7
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7
8
7
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7
7
9
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1
6
3
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4
7
1
‐
8,
1
6
3
,
4
7
1
3,780,456
(2,449,041) 1,331,414
52
2
LE
O
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RE
T
I
R
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S
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10
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2
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3
2
9
1,
0
3
9
,
5
9
4
‐
1,
0
3
9
,
5
9
4
10,294,986
(10,294,986)
‐
61
1
FI
R
E
M
E
N
S
PE
N
S
I
O
N
5,
5
7
8
,
0
4
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‐
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5
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8
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0
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5
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8
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0
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0
‐
46
8
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0
0
0
21
0
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4
7
5
‐
21
0
,
4
7
5
5,835,570
(5,835,570)
‐
To
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a
l
Ot
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r
Fu
n
d
s
13
4
,
9
7
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9
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16
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,
9
9
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,
3
8
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13
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4
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6
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4
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8
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3
5
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4
5
0
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8
9
2
21
6
,
7
3
1
,
2
4
6
94,708,602
(45,541,465) 49,167,136
TO
T
A
L
AL
L
FU
N
D
S
1
6
1
,
5
3
7
,
5
9
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‐
16
1
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5
3
7
,
5
9
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26
5
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5
6
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5
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4
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2
7
7
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1
,
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8
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31
6
,
6
3
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1
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10
,
2
9
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5
5
32
6
,
9
2
1
,
4
7
1
115,644,924
(45,636,073) 70,008,851 AGENDA ITEM # 8.
OR
D
I
N
A
N
C
E
NO
.
__
_
_
_
_
_
4
Ex
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Fu
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L
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U
E
S
E
X
P
E
N
D
I
T
U
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S
E
N
D
I
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FUND BALANCE
Fu
n
d
20
1
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Be
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Fu
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20
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20
1
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Ad
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d
Ex
p
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n
d
i
t
u
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e
Ending Fund Balance Reserved/ Designated Available Fund Balance
00
0
GE
N
E
R
A
L
11
,
1
2
0
,
0
9
0
92
1
,
5
6
1
12
,
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5
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9
7
5
,
6
7
0
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1
8
2
,
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2
69
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1
5
7
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7
4
2
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,
8
7
3
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2
1
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1
6
8
,
1
0
6
67
,
0
4
1
,
3
2
3
14,158,070
14,158,070
00
1
CO
M
M
U
N
I
T
Y
SE
R
V
I
C
E
S
3,
5
9
6
,
7
5
7
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3
,
5
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3,
7
4
0
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4
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7
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13
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4
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5
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6
13
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4
2
5
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7
9
5
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,
4
1
6
13
,
4
4
3
,
2
1
2
3,722,841
3,722,841
00
3
ST
R
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S
2,
5
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0
5
6
12
0
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0
0
0
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6
3
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5
6
11
,
2
8
8
,
2
4
0
‐
11
,
2
8
8
,
2
4
0
11
,
4
2
0
,
8
2
3
(4
2
,
0
6
6
)
11
,
3
7
8
,
7
5
7
2,544,539
2,544,539
00
4
CO
M
M
U
N
I
T
Y
DE
V
E
L
O
P
M
E
N
T
BL
O
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A
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59
,
1
5
4
(4
0
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0
0
0
)
19
,
1
5
4
42
4
,
8
5
7
‐
42
4
,
8
5
7
42
4
,
8
5
7
‐
42
4
,
8
5
7
19,154
19,154
00
5
MU
S
E
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M
70
,
0
3
3
‐
70
,
0
3
3
23
9
,
1
2
9
‐
23
9
,
1
2
9
24
1
,
5
5
0
(3
0
4
)
24
1
,
2
4
6
67,916
67,916
00
9
FA
R
M
E
R
S
MA
R
K
E
T
94
,
3
0
7
30
1
94
,
6
0
8
59
,
4
0
0
‐
59
,
4
0
0
69
,
6
4
6
(1
5
2
)
69
,
4
9
4
84,514
(84,514)
‐
01
1
FI
R
E
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(45,673,553) 58,502,649
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104,176,202
(45,673,553) 58,502,649 AGENDA ITEM # 8.
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE CITY
OF RENTON FISCAL YEARS 2017/2018 BIENNIAL BUDGET AS ADOPTED BY
ORDINANCE NO. 5824 AND THEREAFTER AMENDED BY ORDINANCE NOS. 5835
AND 5850, IN THE AMOUNT OF $14,357,394.
WHEREAS, on November 21, 2016, the City Council adopted Ordinance No. 5824
approving the City of Renton’s 2017/2018 Biennial Budget; and
WHEREAS, on April 24, 2017, the Council adopted Ordinance No. 5835 carrying forward
funds appropriated in 2016, but not expended in 2016 due to capital project interruptions and
delays in invoice payments, which needed to be carried forward and appropriated for
expenditure in 2017; and
WHEREAS, on July 17, 2017, the Council adopted Ordinance No. 5850 making minor
corrections and recognizing grants, contributions and associated costs, and new cost items not
included in the budget requiring additional adjustments to the 2017/2018 Biennial Budget; and
WHEREAS, pursuant to Chapter 35A.34 RCW the Council is required to provide for a mid‐
biennial review, and any modification thereto shall occur no sooner than eight months after the
start, but no later than the conclusion of the first year of the biennium; and
WHEREAS, it is necessary to amend the City of Renton’s 2017/2018 Biennial Budget to
create a new Family First Center Development Fund 346 to better track the resources and costs
related to this project;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
AGENDA ITEM # 8.
ORDINANCE NO. _______
2
SECTION I. Ordinance Nos. 5824, 5835 and 5850 establishing the City of Renton’s
2017/2018 Biennial Budget are hereby amended in the total amount of $14,357,394 for an
amended total of $564,346,276 over the biennium.
SECTION II. The 2017 Mid‐Biennial Budget Adjustment Summary by Fund is hereby
attached as Exhibit A and the 2018 Mid‐Biennial Adjusted Budget Summary by Fund is hereby
attached as Exhibit B. Detailed lists of adjustments are available for public review in the Office
of the City Clerk, Renton City Hall.
SECTION III. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this
ordinance’s title.
PASSED 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:1994:10/24/17:scr
AGENDA ITEM # 8.
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58,502,649 AGENDA ITEM # 8.
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE CITY
OF RENTON FISCAL YEARS 2017/2018 BIENNIAL BUDGET AS ADOPTED BY
ORDINANCE NO. 5824 AND THEREAFTER AMENDED BY ORDINANCE NOS. 5835
AND 5850, IN THE AMOUNT OF $13,575,220.
WHEREAS, on November 21, 2016, the City Council adopted Ordinance No. 5824
approving the City of Renton’s 2017/2018 Biennial Budget; and
WHEREAS, on April 24, 2017, the Council adopted Ordinance No. 5835 carrying forward
funds appropriated in 2016, but not expended in 2016 due to capital project interruptions and
delays in invoice payments, which needed to be carried forward and appropriated for
expenditure in 2017; and
WHEREAS, on July 17, 2017, the Council adopted Ordinance No. 5850 making minor
corrections and recognizing grants, contributions and associated costs, and new cost items not
included in the budget requiring additional adjustments to the 2017/2018 Biennial Budget; and
WHEREAS, pursuant to Chapter 35A.34 RCW the Council is required to provide for a mid‐
biennial review, and any modification thereto shall occur no sooner than eight months after the
start, but no later than the conclusion of the first year of the biennium; and
WHEREAS, it is necessary to amend the City of Renton’s 2017/2018 Biennial Budget to
create a new Family First Center Development Fund 346 to better track the resources and costs
related to this project;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
AGENDA ITEM # 8.
ORDINANCE NO. _______
2
SECTION I. Ordinance Nos. 5824, 5835 and 5850 establishing the City of Renton’s
2017/2018 Biennial Budget are hereby amended in the total amount of $13,575,220 for an
amended total of $563,564,102 over the biennium.
SECTION II. The 2017 Mid‐Biennial Budget Adjustment Summary by Fund is hereby
attached as Exhibit A and the 2018 Mid‐Biennial Adjusted Budget Summary by Fund is hereby
attached as Exhibit B. Detailed lists of adjustments are available for public review in the Office
of the City Clerk, Renton City Hall.
SECTION III. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this
ordinance’s title.
PASSED 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:1995:10/24/17:scr
AGENDA ITEM # 8.
OR
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00
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(45,636,073) 70,008,851 AGENDA ITEM # 8.
OR
D
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A
N
C
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NO
.
__
_
_
_
_
_
4
Ex
h
i
b
i
t
B:
20
1
8
Mi
d
‐Bi
e
n
n
i
a
l
Ad
j
u
s
t
e
d
Bu
d
g
e
t
Su
m
m
a
r
y
by
Fu
n
d
BE
G
I
N
N
I
N
G
FU
N
D
BA
L
A
N
C
E
R
E
V
E
N
U
E
S
E
X
P
E
N
D
I
T
U
R
E
S
E
N
D
I
N
G
FUND BALANCE
Fu
n
d
20
1
8
Be
g
Fu
n
d
Ba
l
Ch
a
n
g
e
s
20
1
8
Ad
j
.
Fu
n
d
Ba
l
20
1
8
Bu
d
g
e
t
e
d
Re
v
e
n
u
e
Ch
a
n
g
e
s
20
1
8
Ad
j
u
s
t
e
d
Re
v
e
n
u
e
20
1
8
Bu
d
g
e
t
e
d
Ex
p
e
n
d
i
t
u
r
e
Ch
a
n
g
e
s
20
1
8
Ad
j
u
s
t
e
d
Ex
p
e
n
d
i
t
u
r
e
Ending Fund Balance Reserved/ Designated Available Fund Balance
00
0
GE
N
E
R
A
L
11
,
1
2
0
,
0
9
0
92
1
,
5
6
1
12
,
0
4
1
,
6
5
1
66
,
9
7
5
,
6
7
0
2,
1
8
2
,
0
7
2
69
,
1
5
7
,
7
4
2
64
,
8
7
3
,
2
1
7
2,
1
6
8
,
1
0
6
67
,
0
4
1
,
3
2
3
14,158,070
14,158,070
00
1
CO
M
M
U
N
I
T
Y
SE
R
V
I
C
E
S
3,
5
9
6
,
7
5
7
14
3
,
5
0
0
3,
7
4
0
,
2
5
7
13
,
4
2
5
,
7
9
6
‐
13
,
4
2
5
,
7
9
6
13
,
4
2
5
,
7
9
5
17
,
4
1
6
13
,
4
4
3
,
2
1
2
3,722,841
3,722,841
00
3
ST
R
E
E
T
S
2,
5
1
5
,
0
5
6
12
0
,
0
0
0
2,
6
3
5
,
0
5
6
11
,
2
8
8
,
2
4
0
‐
11
,
2
8
8
,
2
4
0
11
,
4
2
0
,
8
2
3
(4
2
,
0
6
6
)
11
,
3
7
8
,
7
5
7
2,544,539
2,544,539
00
4
CO
M
M
U
N
I
T
Y
DE
V
E
L
O
P
M
E
N
T
BL
O
C
K
GR
A
N
T
59
,
1
5
4
(4
0
,
0
0
0
)
19
,
1
5
4
42
4
,
8
5
7
‐
42
4
,
8
5
7
42
4
,
8
5
7
‐
42
4
,
8
5
7
19,154
19,154
00
5
MU
S
E
U
M
70
,
0
3
3
‐
70
,
0
3
3
23
9
,
1
2
9
‐
23
9
,
1
2
9
24
1
,
5
5
0
(3
0
4
)
24
1
,
2
4
6
67,916
67,916
00
9
FA
R
M
E
R
S
MA
R
K
E
T
94
,
3
0
7
30
1
94
,
6
0
8
59
,
4
0
0
‐
59
,
4
0
0
69
,
6
4
6
(1
5
2
)
69
,
4
9
4
84,514
(84,514)
‐
01
1
FI
R
E
AN
D
EM
E
R
G
E
N
C
Y
SV
C
HE
A
L
T
H
& WE
L
L
N
E
S
S
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
‐
21
X
GE
N
E
R
A
L
GO
V
E
R
N
M
E
N
T
MI
S
C
DE
B
T
SV
C
2
,
3
3
5
,
5
6
4
‐
2,
3
3
5
,
5
6
4
5,
5
9
6
,
2
1
9
‐
5,
5
9
6
,
2
1
9
5,
7
0
3
,
2
4
4
‐
5,
7
0
3
,
2
4
4
2,228,539
‐
2,228,539
To
t
a
l
Ge
n
e
r
a
l
Go
v
e
r
n
m
e
n
t
a
l
Fu
n
d
s
19
,
7
9
0
,
9
6
2
1,
1
4
5
,
3
6
1
20
,
9
3
6
,
3
2
3
98
,
0
0
9
,
3
1
1
2,
1
8
2
,
0
7
2
10
0
,
1
9
1
,
3
8
3
96
,
1
5
9
,
1
3
4
2,
1
4
2
,
9
9
9
98
,
3
0
2
,
1
3
3
22,825,573
(84,514) 22,741,059
10
2
AR
T
E
R
I
A
L
ST
R
E
E
T
S
63
,
4
8
0
‐
63
,
4
8
0
67
0
,
0
0
0
‐
67
0
,
0
0
0
67
0
,
0
0
0
‐
67
0
,
0
0
0
63,480
63,480
10
8
LE
A
S
E
D
CI
T
Y
PR
O
P
E
R
T
I
E
S
29
1
,
2
8
4
‐
29
1
,
2
8
4
90
2
,
5
5
0
‐
90
2
,
5
5
0
84
5
,
7
5
5
(6
6
5
)
84
5
,
0
9
0
348,745
348,745
11
0
SP
E
C
I
A
L
HO
T
E
L
‐MO
T
E
L
TA
X
29
1
,
6
0
8
(6
5
,
0
0
0
)
22
6
,
6
0
8
26
5
,
0
0
0
‐
26
5
,
0
0
0
26
5
,
0
0
0
‐
26
5
,
0
0
0
226,608
226,608
12
5
ON
E
PE
R
C
E
N
T
FO
R
AR
T
35
,
0
4
4
‐
35
,
0
4
4
15
,
0
0
0
‐
15
,
0
0
0
15
,
0
0
0
‐
15
,
0
0
0
35,044
35,044
12
7
CA
B
L
E
CO
M
M
U
N
I
C
A
T
I
O
N
S
DE
V
E
L
O
P
M
E
N
T
39
4
,
5
0
4
‐
39
4
,
5
0
4
97
,
6
7
4
‐
97
,
6
7
4
97
,
6
7
4
‐
97
,
6
7
4
394,504
394,504
13
5
SP
R
I
N
G
B
R
O
O
K
WE
T
L
A
N
D
S
BA
N
K
33
4
,
0
2
5
‐
33
4
,
0
2
5
‐
‐
‐
‐
‐
‐
334,025
334,025
30
3
CO
M
M
U
N
I
T
Y
SE
R
V
I
C
E
S
IM
P
A
C
T
MI
T
I
G
A
T
I
O
N
1,
6
6
1
,
2
0
8
(5
4
,
0
7
4
)
1,
6
0
7
,
1
3
4
86
,
5
0
0
‐
86
,
5
0
0
‐
‐
‐
1,693,634
1,693,634
30
4
FI
R
E
IM
P
A
C
T
MI
T
I
G
A
T
I
O
N
54
7
,
4
6
7
‐
54
7
,
4
6
7
99
,
0
0
0
‐
99
,
0
0
0
14
2
,
9
7
5
‐
14
2
,
9
7
5
503,492
503,492
30
5
TR
A
N
S
P
O
R
T
A
T
I
O
N
IM
P
A
C
T
MI
T
I
G
A
T
I
O
N
22
7
,
7
4
8
‐
22
7
,
7
4
8
63
2
,
4
0
0
‐
63
2
,
4
0
0
5,
0
0
0
‐
5,
0
0
0
855,148
855,148
31
6
MU
N
I
C
I
P
A
L
FA
C
I
L
I
T
I
E
S
CI
P
5,
5
4
1
,
5
2
9
‐
5,
5
4
1
,
5
2
9
4,
6
2
7
,
0
0
0
‐
4,
6
2
7
,
0
0
0
9,
5
7
9
,
2
3
7
(6
5
3
,
1
9
1
)
8,
9
2
6
,
0
4
6
1,242,484
1,242,484
31
7
CA
P
I
T
A
L
IM
P
R
O
V
E
M
E
N
T
51
5
,
3
1
2
54
3
,
3
6
0
1,
0
5
8
,
6
7
2
3,
9
6
5
,
5
0
0
‐
3,
9
6
5
,
5
0
0
3,
9
6
5
,
5
0
0
‐
3,
9
6
5
,
5
0
0
1,058,672
1,058,672
32
6
HO
U
S
I
N
G
OP
P
O
R
T
U
N
I
T
Y
/
E
C
O
DE
V
RE
V
O
L
V
I
N
G
2,
5
4
1
,
1
7
3
‐
2,
5
4
1
,
1
7
3
‐
‐
‐
‐
‐
‐
2,541,173
(2,500,000) 41,173
33
6
NE
W
LI
B
R
A
R
Y
DE
V
E
L
O
P
M
E
N
T
97
,
3
7
4
‐
97
,
3
7
4
‐
‐
‐
‐
‐
‐
97,374
97,374
34
6
NE
W
FA
M
I
L
Y
FI
R
S
T
CE
N
T
E
R
DE
V
E
L
O
P
M
E
N
T
‐
4,
0
0
0
,
0
0
0
4,
0
0
0
,
0
0
0
‐
‐
‐
‐
‐
‐
4,000,000
4,000,000
40
2
AI
R
P
O
R
T
OP
E
R
A
T
I
O
N
S
& CI
P
3
3
7
,
1
6
2
‐
33
7
,
1
6
2
4,
5
3
1
,
8
0
9
‐
4,
5
3
1
,
8
0
9
4,
3
9
8
,
8
6
4
15
3
,
9
2
6
4,
5
5
2
,
7
9
0
316,182
(188,279) 127,903
40
3
SO
L
I
D
WA
S
T
E
UT
I
L
I
T
Y
2,
9
1
4
,
4
9
3
‐
2,
9
1
4
,
4
9
3
19
,
5
0
5
,
7
1
8
‐
19
,
5
0
5
,
7
1
8
19
,
3
7
4
,
4
4
0
(5
,
9
3
1
)
19
,
3
6
8
,
5
0
8
3,051,702
(400,000) 2,651,702
40
4
GO
L
F
CO
U
R
S
E
SY
S
T
E
M
& CA
P
I
T
A
L
2
9
9
,
8
4
4
0
29
9
,
8
4
4
2,
9
1
2
,
9
2
0
‐
2,
9
1
2
,
9
2
0
2,
7
3
7
,
7
2
4
(9
,
0
7
0
)
2,
7
2
8
,
6
5
4
484,110
(507,815) (23,705)
40
5
WA
T
E
R
OP
E
R
A
T
I
O
N
S
& CA
P
I
T
A
L
1
0
,
3
6
2
,
3
0
6
(7
0
4
)
10
,
3
6
1
,
6
0
2
17
,
4
2
0
,
4
3
9
‐
17
,
4
2
0
,
4
3
9
21
,
5
2
7
,
8
3
7
10
,
8
5
0
21
,
5
3
8
,
6
8
7
6,243,354
(2,958,255) 3,285,099
40
6
WA
S
T
E
W
A
T
E
R
OP
E
R
A
T
I
O
N
S
& CA
P
I
T
A
L
1
1
,
5
8
1
,
4
4
0
(6
7
,
3
6
2
)
11
,
5
1
4
,
0
7
8
27
,
5
4
2
,
0
2
6
40
,
0
0
0
27
,
5
8
2
,
0
2
6
29
,
5
3
0
,
7
7
2
59
,
9
0
8
29
,
5
9
0
,
6
7
9
9,505,425
(1,839,843) 7,665,582
40
7
SU
R
F
A
C
E
WA
T
E
R
OP
E
R
A
T
I
O
N
S
& CA
P
I
T
A
L
7
,
6
4
5
,
9
6
8
(6
2
,
4
0
1
)
7,
5
8
3
,
5
6
7
11
,
6
2
9
,
6
8
6
70
,
0
0
0
11
,
6
9
9
,
6
8
6
14
,
2
3
7
,
0
5
2
35
7
,
3
3
1
14
,
5
9
4
,
3
8
3
4,688,870
(1,190,987) 3,497,883
50
1
EQ
U
I
P
M
E
N
T
RE
N
T
A
L
5,
1
9
8
,
2
9
3
(5
,
0
0
0
)
5,
1
9
3
,
2
9
3
4,
7
3
0
,
2
0
7
1,
2
9
6
,
5
2
2
6,
0
2
6
,
7
2
9
5,
3
0
9
,
9
5
9
1,
6
8
0
,
0
0
3
6,
9
8
9
,
9
6
2
4,230,060
4,230,060
50
2
IN
S
U
R
A
N
C
E
16
,
6
7
3
,
7
1
1
‐
16
,
6
7
3
,
7
1
1
3,
3
0
7
,
5
1
4
‐
3,
3
0
7
,
5
1
4
3,
1
6
6
,
3
3
7
14
8
,
7
8
0
3,
3
1
5
,
1
1
6
16,666,108
(16,869,232) (203,124)
50
3
IN
F
O
R
M
A
T
I
O
N
SE
R
V
I
C
E
S
1,
4
6
6
,
5
1
4
(9
4
,
1
0
0
)
1,
3
7
2
,
4
1
4
5,
3
9
7
,
3
8
0
11
2
,
8
5
0
5,
5
1
0
,
2
3
0
5,
3
7
4
,
8
4
5
18
8
,
8
5
9
5,
5
6
3
,
7
0
4
1,318,940
1,318,940
50
4
FA
C
I
L
I
T
I
E
S
1,
2
0
7
,
6
3
5
(1
7
0
,
9
5
8
)
1,
0
3
6
,
6
7
7
4,
8
7
0
,
9
2
8
16
,
2
2
0
4,
8
8
7
,
1
4
8
4,
9
7
8
,
8
7
5
(5
8
7
)
4,
9
7
8
,
2
8
8
945,536
945,536
50
5
CO
M
M
U
N
I
C
A
T
I
O
N
S
54
4
,
7
0
6
‐
54
4
,
7
0
6
1,
1
0
2
,
3
0
0
‐
1,
1
0
2
,
3
0
0
1,
1
0
0
,
5
6
0
(4
,
2
3
2
)
1,
0
9
6
,
3
2
9
550,678
550,678
51
2
HE
A
L
T
H
C
A
R
E
IN
S
U
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(45,673,553) 58,502,649 AGENDA ITEM # 8.
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
4‐1‐190 OF THE RENTON MUNICIPAL CODE, BY AMENDING FIRE PROTECTION
IMPACT FEE REGULATIONS, AND PROVIDING FOR SEVERABILITY, AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Renton Regional Fire Authority (RRFA) was formed in 2016 and the City
and the RRFA have a 2016 Interlocal Agreement that states the RRFA will complete a Capital
Facilities Plan and submit it to the City; and
WHEREAS, the RRFA has submitted a Capital Facilities Plan to the City and requested it be
adopted into the Capital Facilities element of the City’s Comprehensive Plan; and
WHEREAS, the RRFA has also submitted a Rate Study that identifies the rates to be
charged as fire impact fees to new development so that the RRFA can maintain service levels as
growth occurs; and
WHEREAS, the RRFA has requested the rate charged on behalf of the RRFA that is
identified in the Rate Study be listed in the City of Renton Fee Schedule; and
WHEREAS, City code needs to be amended to collect fire impact fees on behalf of the
RRFA rather than directly; and
WHEREAS, the City and the RRFA have negotiated a 2017 Interlocal Agreement providing
for the respective rights and obligations of the City and the RRFA as to the collection and handling
of fire impact fees; and
WHEREAS, this matter was duly referred to the Planning Commission for investigation
and study, and the matter was considered by the Planning Commission; and
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
2
WHEREAS, the Planning Commission held a public hearing on October 4, 2017, and
considered all relevant matters, and heard all parties in support or opposition to the matter;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. The Renton Regional Fire Authority’s Capital Facilities Plan is hereby
adopted by reference as if fully set forth herein as a part of the capital facilities element of the
City of Renton Comprehensive Plan. A copy of the plan adopted herein by reference will be at all
times on file with the City Clerk.
SECTION II. The Renton Regional Fire Authority’s Rate Study is hereby adopted by
reference as if fully set forth herein. A copy of the rate study adopted herein by reference will
be at all times on file with the City Clerk.
SECTION III. Section 4‐1‐190 of the Renton Municipal Code is amended as follows:
4‐1‐190 IMPACT FEES:
A. TITLE:
This Section shall be hereinafter known as “impact fees.”
B. PURPOSE AND INTENT:
The purpose and intent of this Section is to authorize the collection of impact
fees for transportation, parks, fire protection, and schools and to provide for
certain other matters in connection therewith.
C. FINDINGS AND AUTHORITY:
The Renton City Council (hereinafter referred to as “Council”) hereby finds and
determines that development activities, including but not limited to new
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
3
residential, commercial, retail, office, and industrial development in the City of
Renton (hereinafter referred to as “City”) will create additional demand and need
for transportation and parks system improvements in the City, and for school
facilities within its school districts, and for fire protection facilities in the City.
Further, the Council finds that such new growth and development should pay a
proportionate share of the cost of system improvements needed to serve the new
growth and development.
In the Rate Study as defined and hereby incorporated by this reference, the
City has documented its extensive research concerning the procedures for
measuring the impact of new developments on public facilities. In 2016, the City
updated the Rate Study for Transportation. In 2017, the Renton Regional Fire
Authority completed its own Rate Study for Fire Impact Fees.
These Rate Studyies utilizes methodologies for calculating impact fees that are
consistent with the requirements of RCW 82.02.060(1). A copy of the most current
version of the Rate Studyies shall be kept on file by the Renton City Clerk and will
be available to the public for review.
Therefore, pursuant to chapter 82.02 RCW, the Council adopts this Section to
assess impact fees for transportation, and parks and fire protection, as well as,
school impact fees for the Issaquah, Kent, and Renton School Districts and for fire
protection fees for the Renton Regional Fire Authority. The provisions of this
Section shall be liberally construed in order to carry out the purposes of the
Council in providing for the assessment of impact fees.
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
4
D. DEFINITIONS:
The words and terms defined below shall have the following meanings for the
purposes of this Section, unless the context clearly requires otherwise. Terms
otherwise not defined herein shall be defined pursuant to RCW 82.02.090 or given
their usual and customary meaning.
1. “Administrator” means the Administrator or designee of the
Department of Community and Economic Development.
2. “Applicant” for the purposes of this Section includes an entity that
controls the applicant, is controlled by the applicant, or is under common control
with the applicant.
3. “Building permit” means an official document or certification which is
issued by the City and which authorizes the construction, alteration, enlargement,
conversion, reconstruction, remodeling, rehabilitation, erection, demolition,
moving, or repair of a building or structure or any portions thereof.
4. “Capital facilities plan” means the capital facilities element of the City’s
Comprehensive Plan adopted pursuant to chapter 36.70A RCW and such plan as
amended.
5. “City” means the City of Renton.
6. “Classrooms” means educational facilities of each respective school
district that the district determines are necessary to best serve its student
population and that are required to house students for its basic educational
program. Specialized facilities as identified by the school district, including but not
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
5
limited to gymnasiums, cafeterias, libraries, administrative offices, and child care
centers, shall not be counted as classrooms.
7. “Construction cost per student” means the estimated cost of
construction of a permanent school facility in the school district for the grade span
of school to be provided, as a function of the school district’s design standard per
grade span and the requirements of students with special needs.
8. “Council” means the Renton City Council.
9. “Department” means the City’s Department of Community and
Economic Development.
10. “Development activity” means any construction or expansion of a
building, structure, or use, any change in use of a building or structure, or any
changes in the use of land, that generates the need for additional public facilities.
11. “Development approval” means any written authorization from the
City of Renton which authorizes the commencement of a development activity.
12. “Elderly” means a person aged sixty two (62) or older.
13. “Encumbered” for Transportation and Parks means to reserve, set
aside, or otherwise earmark impact fees in order to pay for commitments,
contractual obligations, or other liabilities incurred for system improvements. For
School and Fire it means impact fees identified by the district or RRFA as being
committed as part of the funding for a facility for which the publicly funded share
has been assured or building permits sought or construction contracts let.
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
6
14. “Feepayer” is any person, collection of persons, or department or
bureau of any governmental entity or municipal corporation commencing a
development activity which creates the demand for additional system
improvements and which requires the issuance of a building permit or a permit
for a change of use. “Feepayer” includes an applicant for an impact fee credit.
15. “Fee Schedule” is the City of Renton Fee Schedule detailing amounts to
be paid for various permits, licenses, etc., that is published, kept on file, and made
available to the public on the City’s website and in the office of the Renton City
Clerk.
16. “Fire capital facilities plan” means the RRFA’s capital improvement plan
adopted by the RRFA’s governing board that includes the following:
a. An inventory of existing capital facilities and equipment owned by
the RRFA, their locations, and capacities.
b. The identification of the demands projected new development is
anticipated to place on existing fire protection facilities and equipment.
c. A forecast of the capital facilities and equipment necessary to meet
the RRFA’s adopted level of service with the increased demand of new
development within the RRFA.
d. The proposed locations of expanded or new capital facilities and
equipment and the associated timeline for construction or expansion.
e. At least a six (6)‐year financing component, updated as necessary to
maintain at least a six (6)‐year forecast period, for financing needed fire protection
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
7
facilities within projected funding levels, and identifying sources of financing for
such purposes, including bond issues.
f. Any other long‐range projects planned by the RRFA.
167. “Fire protection” shall mean fire protection facilities, including but not
limited to fire stations, fire apparatus, and any furnishings and equipment that can
be capitalized.
178. “Grade span” means the categories into which a school district groups
its grades of students, i.e., elementary school, middle or junior high school, and
high school.
189. “Hearing Examiner” shall mean that person or persons acting as the
Renton Hearing Examiner.
1920. “Impact fee” means a payment of money imposed by the City of
Renton on development activity pursuant to this Section as a condition of granting
development approval. An impact fee does not include a reasonable permit fee,
an application fee, the administrative fee for collecting and handling impact fees,
the fee for reviewing independent fee calculations, or the fee for deferring
payment of impact fees.
201. “Impact fee account(s)” means the separate accounting structure(s)
within the City’s established accounts, which structure(s) shall identify separately
earmarked funds and which shall be established for the impact fees that are
collected. The account(s) shall be established pursuant to subsection M of this
Section and shall comply with the requirements of RCW 82.02.070.
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
8
212. “Independent fee calculation” means the transportation impact fee
calculation, and/or economic documentation prepared by a feepayer, to support
the assessment of a transportation, parks or fire protection impact fee other than
by the use of the rates published in the City’s Fee Schedule, or the calculations
prepared by the department where none of the fee categories or fee amounts in
the City’s Fee Schedule accurately describe or capture the impacts of the
development activity on public facilities.
223. “Owner” means the owner of record of real property, although when
real property is being purchased under a real estate contract, the purchaser shall
be considered the owner of the real property if the contract is recorded.
234. “Parks” shall mean parks, open space, and recreation facilities
including but not limited to land, improvements, and any furnishings and
equipment that can be capitalized.
245. “Permanent school facilities” means the facilities of a school district
with a fixed foundation which are not relocatable facilities.
256. “Permit for change of use or change of use permit” means an official
document which is issued by the City which authorizes a change of use of an
existing building or structure or land.
267. “Project improvements” means site improvements and facilities that
are planned and designed to provide service for a particular development project,
are necessary for the use and convenience of the occupants or users of the
project, and are not system improvements. No improvement or facility included
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
9
in a capital facilities plan adopted by the Council shall be considered a project
improvement.
278. “Public facilities,” for purposes of this Section, means the following
capital facilities owned or operated by the City of Renton, school districts, Renton
Regional Fire Authority, or other governmental entities: public streets and roads,
public parks, open space and recreation facilities and fire protection facilities.
289. “Rate Study” means any rate study relating to impact fees for
transportation, parks, or and fire protection adopted by the City of Renton.
2930. “Relocatable facility” means any factory‐built structure,
transportable in one or more sections, such as that which is designed to be used
as an education space needed to prevent the overbuilding of school facilities to
meet the needs of service areas within a school district, or to cover the gap
between the time that families move into new residential developments and the
date that construction is completed on permanent school facilities.
301. “Relocatable facilities cost per student” means the estimated cost of
purchasing and siting a relocatable facility in a school district for the grade span of
school to be provided, as a function of a school district’s design standard per grade
span and the requirements of students with special needs.
32. “RRFA” means the Renton Regional Fire Authority, a Washington State
municipal corporation established and operating pursuant to chapter 52.26 RCW.
313. “School capital facilities plan” means each respective school district’s
capital facilities plan adopted by the School Board, which shall consist of:
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
10
a. A forecast of future needs for school facilities based on the school
district’s enrollment projections;
b. The long‐range construction and capital improvements projects of
the school district;
c. The schools under construction or expansion;
d. The proposed locations and capacities of expanded or new school
facilities;
e. At least a six (6) year financing plan component, updated as
necessary to maintain at least a six (6) year forecast period, for financing needed
school facilities within projected funding levels, and identifying sources of
financing for such purposes, including bond issues authorized by the voters and
projected bond issues not yet authorized by the voters; and
f. Any other long‐range projects planned by the school district.
324. “School district design standard” means the space required, by grade
span, including the requirements of students with special needs, which is needed
in order to fulfill the educational goals of the school district as identified in each
respective school district’s capital facilities plan.
335. “Site cost per student” means the estimated cost of a site in a school
district for the grade span of school to be provided, as a function of the school
district’s design standard per grade span and the requirements of students with
special needs.
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
11
346. “Standard of service” means the standard adopted by a school district
which identifies the program year, the class size by grade span and the
requirements of students with special needs, the number of classrooms, the types
of facilities the school district believes will best serve its student population, and
other factors as identified by a school district. The school district’s standard of
service shall not be adjusted for any portion of the classrooms housed in
relocatable facilities which are used as transitional facilities or for any specialized
facilities housed in relocatable facilities. Except as otherwise defined by the School
Board pursuant to a Board resolution, “transitional facilities” shall mean those
facilities that are used to cover the time required for the construction of
permanent school facilities; provided, that the school district has the necessary
financial commitments in place to complete the permanent school facilities called
for in the school district’s capital facilities plan.
357. “Street” or “road” means a public right‐of‐way and all related
appurtenances, including lawfully required off‐site mitigation, which enables
motor vehicles, transit vehicles, bicycles, and pedestrians to travel between
destinations. For purposes of this Section, public streets and roads are collectively
referred to as “transportation.”
368. “Student factor” means the number derived by a school district to
describe how many students of each grade span are expected to be generated by
a dwelling unit. Student factors shall be based on a school district’s record of
average actual student generation rates for new developments constructed over
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
12
a period of not more than five (5) years prior to the date of the fee calculation;
provided, that if such information is not available in the school district, data from
adjacent districts, districts with similar demographics, or countywide averages
may be used. Student factors must be separately determined for single family and
multi‐family dwelling units, and for grade spans.
379. “System improvements,” for purposes of this Section, means public
facilities that are included in the City of Renton’s capital facilities plan, and such
plan as amended, and are designed to provide service to the community at large,
in contrast to project improvements.
3840. “Transportation” means public streets and roads and related
appurtenances.
E. ESTABLISHMENT OF SERVICE AREA:
1. The City hereby establishes, as the service area for impact fees, the City
of Renton, including all property located within the corporate city limits.
2. The scope of the service area is hereby found to be reasonable and
established on the basis of sound planning and engineering principles, and
consistent with RCW 82.02.060 as described in the Rate Study.
F. IMPACT FEES METHODOLOGY AND APPLICABILITY:
The transportation and park impact fees in the City of Renton Fee Schedule
are generated from the formulae for calculating transportation impact fees set
forth in the applicable Rate Study. School and fire impact fees in the fee schedule
are generated from the formulae for calculating impact fees set forth in the
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
13
applicable school and fire capital facilities plans as may be further set forth in a
Rate Study. Except as otherwise provided for independent fee calculations in
subsection H of this Section, exemptions in subsection I of this Section, and credits
in subsection J of this Section, all new development activity in the City will be
charged impact fees applicable to the type of development listed in the City of
Renton Fee Schedule.
G. COLLECTION OF IMPACT FEES:
1. Transportation, Parks, and Fire Impact Fees:
a. Applicability: The City shall collect impact fees, based on the rates
in the City of Renton Fee Schedule, from any applicant seeking development
approval from the City for any development activity within the City, when such
development activity requires the issuance of a building permit or a permit for a
change in use, and creates a demand for additional public facilities.
b. Transportation and Parks Basis and Amount: Maximum allowable
impact fees for transportation and parks are established by the applicable Rate
Study. The rates to be charged by the City are listed in the City of Renton Fee
Schedule.
c. Fire Impact Fee Basis and Amount: The maximum allowable fees
shall be based on the fire capital facilities plan and the rate study developed by
the RRFA, approved by its Board, and adopted by the City as part of the capital
facilities element of the City’s Comprehensive Plan and as a fire impact fee Rate
Study. The rates to be charged are listed in the City of Renton Fee Schedule.
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
14
2. School Impact Fees:
a. Applicability: The City shall collect impact fees, based on the rates
in the City of Renton Fee Schedule, from all applicants seeking development
approval from the City for any residential development activity in that portion of
the City located within each respective school district’s boundaries.
b. Basis and Amount: The maximum allowable fees shall be based on
a school capital facilities plan developed by the appropriate school district and
approved by the School Board, and adopted by reference by the City as part of the
capital facilities element of the City’s Comprehensive Plan. The rates to be charged
are listed in the City of Renton Fee Schedule.
c. Adjustment by Council: The City Council may adjust the fees, as it
sees fit, to take into account local conditions such as, but not limited to, price
differentials throughout each respective school district in the cost of new housing,
school occupancy levels, and the percent of each school district’s capital facilities
budget, which will be expended locally.
d. Classification by Dwelling Type: Separate fees shall be calculated for
single family and multi‐family dwellings, and separate student generation rates
must be determined by each school district for each type of dwelling. For purposes
of this Section, mobile homes shall be treated as single family dwellings; duplexes
and accessory dwelling units shall be treated as multi‐family dwellings.
e. Credit for Tax Contributions: The formula in Attachment A to
Ordinance 4808 provides a credit for the anticipated tax contributions that would
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
15
be made by the development based on historical levels of voter support for bond
issues in a school district.
3. Changes in Use or Tenancy: When an impact fee applies to a change of
use permit, the impact fee shall be the applicable impact fee for the land use
category of the new use, less any impact fee previously paid for the land use
category of the prior use. For purposes of this provision, a change of use should
be reviewed based on the land use category provided in the Rate Study that best
captures the broader use of the property under development. Changes in use or
tenancy, if consistent with the general character of the building or building
aggregations (i.e., “industrial park,” or “specialty retail”) should not be considered
a change in use that is subject to an impact fee. Further, minor changes in
tenancies that are consistent with the general character of the included structure,
building, or previous use should not be considered changes in use subject to an
impact fee. If no impact fee was paid for the prior use, the impact fee for the new
use shall be reduced by an amount equal to the current impact fee rate for the
prior use. Vacant buildings shall be assessed as if in the most recent legally
established use as shown on a locally owned business license or development
permit documents.
4. Mixed Use: For mixed use developments, impact fees shall be imposed
for the proportionate share of each land use, based on the applicable
measurement in the impact fee rates in the City of Renton Fee Schedule.
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
16
5. Timing of Assessment and Collection: Impact fees shall be determined
at the time the complete application for a building permit or a permit for a change
in use is submitted using the impact fees then in effect. Impact fees shall be due
and payable before the building permit or permit for a change of use is issued by
the City.
6. Documentation of Credit Required: Feepayers allowed credits prior to
the submittal of the complete building permit application or an application for a
permit for a change of use shall submit, along with the complete application, a
copy of the letter prepared by the Administrator, or school district
superintendent, or RRFA official setting forth the dollar amount of the credit
allowed. Impact fees, as determined after the application of any credits, shall be
collected from the feepayer no later than the time a building permit or permit for
a change of use is issued.
7. Deferral for Subdivisions, Short Subdivisions, and Planned Unit
Developments: An applicant for residential subdivision, short subdivision, or
planned unit development may defer payment of impact fees for all of the
dwelling units to be created in the development until the earlier of the time of
closing of the first sale of a single detached dwelling unit, condominium unit, or a
multi‐family residential building or eighteen (18) months after the issuance of the
original building permit, but only if before recording the subdivision or short
subdivision, the applicant:
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
17
a. Submits to the Administrator a signed and notarized deferred impact
fee application and acknowledgement form, which includes the legal description,
tax account number, and address of each individual in the development;
b. Records at the applicant’s expense a covenant and lien that complies
with the requirements of subsections G8bi through vii of this Section; and
c. Pays the applicable nonrefundable administrative fee.
8. Deferral for Single Family, Condominium, and Multi‐Family Dwellings:
A building permit applicant may defer payment of impact fees for a single
detached dwelling unit, condominium unit, or all of the dwelling units in a multi‐
family residential building until the earlier of the time of closing of the first sale of
a single detached dwelling unit, a condominium unit or a multi‐family residential
building or eighteen (18) months after issuance of the original building permit, but
only if before issuance of the building permit, the applicant:
a. Submits to the Administrator a signed and notarized deferred impact
fee application and acknowledgement form for each single detached dwelling
unit, condominium unit or all of the dwelling units in a multi‐family residential
building for which the applicant wishes to defer payment of the impact fees; and
b. Records at the applicant’s expense a covenant and lien in the
amount of the deferred impact fee(s) and that includes the legal description, tax
account number, and address of the property that:
AGENDA ITEM # 8. e)
ORDINANCE NO. ________
18
i. Requires payment of the impact fees to the City at the earlier of
the time of closing of the first sale or eighteen (18) months after issuance of the
original building permit; and
ii. Provides that if the impact fees are paid through escrow at
closing of sale, in the absence of an agreement between the buyer and the seller
to the contrary, the impact fees shall be paid from the seller’s proceeds; and
iii. Provides that the seller bears strict liability for the payment of
the impact fees; and
iv. Requires the seller or seller’s agent of property subject to the
covenant and lien to provide written disclosure of the covenant and lien to a
purchaser or prospective purchaser. Disclosure of the covenant must include the
amount of impact fees payable and that the fees are to be paid to the City no later
than the closing date; and
v. Makes the applicant legally liable for payment of the impact fees
if the fees are not paid by the earlier of the time of closing of the first sale or
eighteen (18) months after the building permit has been issued; and
vi. Is signed by all owners of the property as listed on a current title
report, with all signatures acknowledged as required for a deed; and
vii. Is junior and subordinate to one mortgage for the purpose of
construction upon the same real property granted by the person who applied for
the deferral of impact fees.
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9. Payment Methods: Payment of impact fees deferred under this
subsection shall be made by cash, escrow company check, cashier’s check or
certified check.
10. Lien Release: Upon receipt of payment of impact fees deferred under
this subsection, the City shall execute a lien release for each single detached
dwelling unit, condominium unit, or multi‐family residential building for which the
impact fees have been received. The property owner at the time of the release
shall be responsible for recording the lien release.
11. Foreclosure by City: If impact fees are not paid, in accordance with the
provisions of this subsection, the City may institute foreclosure proceedings in
accordance with chapter 61.12 RCW.
12. Foreclosure by a School District: If the City does not institute
foreclosure proceedings for unpaid school impact fees within forty‐five (45) days
after receiving notice from a school district requesting that it do so, the district
may institute foreclosure proceedings with respect to unpaid impact fees.
13. Required Prior to Building Permit Issuance: The Department shall not
issue the required building permit or the permit for the change of use until the
impact fees have been paid or the signed and notarized deferred impact fee
application and acknowledgement form and deferral fee have been received and
accepted by the City.
14. Number of Deferrals Limited: Each applicant for a single family
building permit, in accordance with his or her contractor registration number or
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other unique identification number, is entitled to annually receive deferrals under
this subsection for the first twenty (20) single family building permits issued by the
City to that applicant.
H. INDEPENDENT FEE CALCULATIONS:
1. Calculations by City: If, in the judgment of the Administrator, none of
the fee categories or fee amounts set forth in the City of Renton Fee Schedule
accurately describes or captures the impacts of a new development on public
facilities, the Department may conduct independent fee calculations and the
Administrator may impose alternative fees on a specific development based on
those calculations. The alternative fees and the calculations shall be set forth in
writing and shall be mailed to the feepayer.
2. Calculations by Feepayer: A feepayer may opt not to have the impact
fees determined according to the fee structure in the City of Renton Fee Schedule,
in which case the feepayer shall prepare and submit to the Administrator, the
RRFA, or school district, as applicable, an independent fee calculation for the
development activity for which a building permit is being sought. The
documentation submitted shall show the basis upon which the independent fee
calculation was made. An independent fee calculation shall use the same
methodology used to establish impact fees and for transportation, parks, and fire,
and school impact fees; they shall be limited to adjustments in trip generation
rates and lengths for transportation impact fees, persons per dwelling unit for
park impact fees, and fire incident rates for fire impact fees.
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3. Administrator Consideration and Review: There is a rebuttable
presumption that the calculations set forth in the Rate Studiesy and Capital
Facilities Plans and the data used by the City, RRFA, and school districts are valid.
a. Transportation and Parks Impact Fees: The Administrator shall consider
the documentation submitted by the feepayer, but is not required to accept such
documentation or analysis which the Administrator reasonably deems to be
inapplicable, inaccurate, incomplete, or unreliable. The Administrator may require
the feepayer to submit additional or different documentation for consideration.
The Administrator is authorized to adjust the impact fees on a case‐by‐case basis
based on the independent fee calculation, the specific characteristics of the
development, and/or principles of fairness. The fees or alternative fees and the
calculations therefor shall be set forth in writing and shall be mailed to the
feepayer.
b. School and Fire Impact Fees: A school district or the RRFA may adjust
the amount of the impact fee assessed if appropriate and lawful, as demonstrated
by the feepayer to the appropriate school district’s or the RRFA’s satisfaction. If
the Administrator receives a written decision from a school district or RRFA
approving an independent fee calculation, the Administrator shall apply and
collect school or fire impact fees, as applicable, as adjusted by the approved
independent fee calculation.
4. Adjustment from Maximum Amount: Alternative transportation, parks,
and fire impact fees calculated pursuant to this subsection shall be reduced in the
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same manner and to the same extent that the impact fees in the City of Renton
Fee Schedule are reduced from the maximum allowable impact fees in the Rate
Study.
5. Appeals: Determinations made by the Administrator pursuant to this
Section may be appealed to the office of the Hearing Examiner under the
procedures set forth in subsection L of this Section.
I. EXEMPTIONS:
1. School Impact Fees: The following shall be exempt from the application
of school impact fees:
a. Any form of housing exclusively for the elderly, including nursing
homes and retirement centers, so long as these uses are maintained in perpetuity
and the necessary covenants or declarations of restrictions are recorded on the
property to ensure that no children will reside in the development.
b. The replacement of the same number of dwelling units at the same
site or lot when such replacement occurs within thirty six (36) months of the
demolition or destruction of the prior structure.
c. Alterations or expansion or enlargement or remodeling or
rehabilitation or conversion of an existing dwelling unit where no additional units
are created and the use is not changed.
d. Any development activity that is exempt from the payment of a
school impact fee pursuant to RCW 82.02.100, due to mitigation of the same
system improvement under the State Environmental Policy Act.
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2. Transportation, Parks, and Fire Impact Fees: Except as provided for
below, the following shall be exempted from the payment of all transportation,
parks, and fire impact fees:
a. Alteration or replacement of an existing residential structure that
does not create an additional dwelling unit or change the type of dwelling unit.
b. Alteration or replacement of an existing nonresidential structure
that does not expand the usable space or change the existing land use.
c. Miscellaneous improvements which do not generate increased need
for public facilities, including, but not limited to, fences, walls, residential
swimming pools, and signs.
d. Demolition or moving of a structure.
e. Projects that have undergone prior State Environmental Policy Act
(SEPA) review and received a final decision that includes mitigation requirements
on the condition that the SEPA mitigation obligation has or will be fulfilled by the
time the impact fees, if applicable, would be due.
f. Housing that qualifies for waived fees under the provisions of RMC
4‐1‐210.
g. Temporary manufactured homes for medical hardships that meet
the criteria identified in RMC 4‐9‐240.
3. Authority: The Administrator shall be authorized to determine whether
a particular development activity falls within an exemption identified in this
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Section. The Administrator’s determinations shall be in writing and shall be subject
to the appeals procedures set forth in subsection L of this Section.
J. CREDITS FOR DEDICATIONS, CONSTRUCTION OF IMPROVEMENTS, AND
PAST TAX PAYMENTS:
1. Criteria for Award of Credits: A feepayer may request that a credit or
credits for impact fees be awarded to him/her for the total value of system
improvements, including dedications of land and improvements, and/or
construction provided by the feepayer. Requests for credits for transportation,
and parks or fire impact fees shall be made to the Administrator. Requests for
credits for school impact fees shall be made to the appropriate school district.
Requests for credits for fire impact fees shall be made to RRFA. Credits will be
given only if the land, improvements, and/or the facility constructed are:
a. Included within the capital facilities plan or would serve the goals
and objectives of the capital facilities plan;
b. Determined by the City, or school district, or RRFA, as applicable, to
be at suitable sites and constructed at acceptable quality;
c. Serve to offset impacts of the feepayer’s development activity; and
d. If for a transportation impact fee are for one or more of the projects
listed in the Rate Study as the basis for the calculation.
2. Authority and Process:
a. The Administrator, or school district, or RRFA, as applicable, shall
determine if requests for credits meet the criteria in subsection J1 of this Section
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or other applicable law. The determinations shall be in writing, and any
determination by the Administrator shall be subject to the appeals procedure set
forth in subsection L of this Section.
b. For each request for a credit or credits for transportation or, parks,
or fire impact fees, the Administrator shall select an appraiser or, in the
alternative, the feepayer may select an independent appraiser acceptable to the
Administrator.
c. For each request for a credit or credits for school or fire impact fees,
the Administrator shall defer to the applicable school district or RRFA for selection
of shall select an appraiser from a list of independent appraisers. The appraiser
shall be directed to determine for the school district the value of the dedicated
land, improvements, or construction provided by the developer on a case‐by‐case
basis.
d. Unless approved otherwise, the appraiser must be a member of the
American Institute of Appraisers and be licensed in good standing pursuant under
chapter 18.40 RCW et seq. in the category for the property or improvement to be
appraised, and shall not have a fiduciary or personal interest in the property being
appraised.
e. The Administrator, school district, or RRFA, as applicable, will accept
or reject the appraisal, and any decision by the Administrator the decision may be
subject to independent review by the Hearing Examiner.
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f. The feepayer shall pay the actual costs for the appraisal and an
independent review, if required, unless the Administrator, school district, or RRFA,
as applicable, determines that payment for independent review should not be at
the feepayer’s expense.
g. After considering the appraisal and the review, the Administrator, or
school district superintendent, or RRFA official, as applicable, shall provide the
applicant with a written determination setting forth the dollar amount of any
credit, the reason for the credit, the legal description of the real property
dedicated where applicable, and the legal description or other adequate
description of the project or development to which the credit may be applied. The
feepayer must sign and date a duplicate copy of such determination accepting the
terms of the letter or certificate, and return such signed document to the
Administrator before the impact fee credit will be awarded. The failure of the
feepayer to sign, date, and return such document within sixty (60) calendar days
of the date of the determination shall nullify the credit.
h. No credit shall be given for project improvements.
3. School and Fire Impact Fees Responsibility: Any credit for school or fire
impact fees shall be the responsibility of the respective school district or RRFA,
and shall be independent of the fees collected by the City. The burden of
establishing such credit shall be on the party seeking the credit. When established
as a condition of development approval or pursuant to the terms of a voluntary
mitigation agreement, the feepayer shall receive a credit from the appropriate
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school district or RRFA. The fee amount due on the development activity shall be
reduced by the amount of the credit. Proof shall include such things as a receipt
or cancelled check.
4. Past Tax Payments: A feepayer may request a credit or credits for
impact fees previously awarded for past tax payments. For each request for a
credit or credits for past tax payments for transportation impact fees, the feepayer
shall submit receipts and a calculation of past tax payments earmarked for or
prorated according to the particular system improvement for which credit is
requested. The Administrator, or school district, or RRFA, as applicable, shall
determine the amount of credits, if any, for past tax payments for system
improvements.
5. Appeals: The Administrator’s or, school district’s determinations
pursuant to this Section shall be subject to the appeals procedures set forth in
subsection L of this Section.
K. ADJUSTMENTS FOR FUTURE TAX PAYMENTS AND OTHER REVENUE
SOURCES:
Pursuant to and consistent with the requirements of RCW 82.02.060 the Rate
Studiesy has have provided adjustments for future taxes to be paid by the
development activity which are earmarked or prorated according to the same new
public facilities which will serve the new development. The impact fees in the City
of Renton Fee Schedule have been reasonably adjusted for taxes and other
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revenue sources which are anticipated to be available to fund public
improvements.
L. APPEALS:
1. Transportation, and Parks, and Fire Impact Fees: The Administrator’s
determinations with respect to the applicability of the impact fees to a given
development activity, the availability or value of a credit, the Administrator’s
decision concerning the independent fee calculation which is authorized in
subsection H of this Section or any other Administrator’s determination pursuant
to this Section may be appealed by the feepayer to the provisions of RMC 4‐8‐
110E.
2. School and Fire Impact Fees: A school district may adjust the amount of
the school impact fee assessed if one of the following circumstances exist;
provided, that the feepayer can demonstrate to the appropriate school district’s
satisfaction that the amount of the fee is inappropriate under the circumstances:
a. The feepayer demonstrates that the school impact fee assessment
was incorrectly assessed; or
b. Unusual and unique circumstances identified by the feepayer
demonstrate that if the standard school impact fee amount were applied to the
development, it would be unfair, unjust or unlawful.
3. Payment under Protest: No building or change of use permits will be
issued until the impact fee is paid or the signed and notarized deferred impact fee
application and acknowledgement form and deferral fee have been received and
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accepted by the City; provided, however, that During the pendency of an appeal,
the feepayer may pay the subject fee under protest pending appeal to avoid
delays in the issuance of building permits or change of use permits.
4. Process and School District or RRFA Representation: Appeals to the
Hearing Examiner shall be taken in accord with the processes set forth in RMC 4‐
8‐110E. When an interlocal agreement between the City and the respective school
district or RRFA provides for an appeal to the Hearing Examiner of school or fire
impact fees, when there is such an appeal of school impact fees, the respective
school district or the RRFA shall provide staffing and legal assistance for such an
appeal consistent with the applicable interlocal agreement between the City and
the respective school district or RRFA, as that Agreement may be amended from
time to time.
5. Authority: The Hearing Examiner is authorized to make findings of fact
regarding the applicability of the impact fees to a given development activity, the
availability or amount of the credit, or the accuracy or applicability of an
independent fee calculation. There is a presumption of validity of the
Administrator’s, and/or school district’s, and/or RRFA’s determination. The
feepayer has the burden of proof during any appeal of the Administrator’s, and/or
school district’s, and/or RRFA’s determination or decision.
6. Decisions: The Hearing Examiner may, so long as such action is in
conformance with the provisions of this Section, reverse, affirm, modify or
remand, in whole or in part, the Administrator’s, and/or school district’s, and/or
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RRFA’s determinations with respect to the amount of the impact fees imposed or
the credit awarded.
M. ESTABLISHMENT OF IMPACT FEE ACCOUNTS:
1. Fee Accounts: The City shall establish the following separate impact fee
accounts for the impact fees collected pursuant to this Section: Transportation,
Parks, Fire Protection Renton Regional Fire Authority, Issaquah School District,
Kent School District, and Renton School District. Funds withdrawn from the
accounts must be used in accordance with the provisions of this Section and
applicable state law. Interest earned on the fees shall be retained in the accounts
and expended for the purposes for which the impact fees were collected. Impact
fee receipts shall be earmarked specifically and deposited in the appropriate
interest‐bearing impact fee accounts.
2. Transfer to School Districts and RRFA:
a. Transfer to School Districts: For each school district account, when
sufficient funds have accumulated to make transfer of those funds to the
appropriate school district advisable, the Administrative Services Department
shall make such transfer. Such funds shall be transferred not less than quarterly,
if the balance in the fund is more than five thousand dollars ($5,000.00).
b. Transfer to RRFA: The Administrative Services Department shall make
transfer to the RRFA from the Renton Regional Fire Authority account such funds
as are required by the applicable interlocal agreement between the City and RRFA.
The timing of such transfers shall be as specified in the interlocal agreement.
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c. Accounting: Annually, the City shall provide accounting records to each
school district and the RRFA and each school district and the RRFA shall prepare a
report on impact fees showing the source and amount of all monies collected,
earned or received, and capital or system improvements that were financed in
whole or in part by impact fees.
3. School Fees Encumbered: School impact fees shall be expended or
encumbered within six (6) years of receipt, unless the Council identifies in written
findings extraordinary and compelling reason or reasons for a school district to
hold the fees beyond the six (6) year period. A school district may petition the
Council for an extension of the six (6) year period and that school district must set
forth any such extraordinary or compelling reason or reasons in its petition. Where
the Council identifies the reason or reasons in written findings, the Council shall
establish the period of time within which the school impact fees shall be expended
or encumbered, after consultation with the petitioning school district.
4. Transportation, Parks, and Fire Fees Encumbered: Transportation,
parks, and fire impact fees shall be expended or encumbered within ten (10) years
of receipt, unless the Council or RRFA identifies in written findings extraordinary
and compelling reasons for the City or RRFA to hold the fees beyond the ten (10)
year period, pursuant to RCW 82.02.070(3).
N. ADMINISTRATIVE GUIDELINES:
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The Administrator is authorized to adopt internal guidelines for the
administration of impact fees, which may include the adoption of procedural rules
to clarify or further the procedural rules set forth in this Section.
O. REFUNDS AND OFFSETS:
1. Failure to Expend or Encumber: If there is a failure by the City, or a
school district, or RRFA to expend or encumber their respective impact fees unless
extraordinary or compelling reasons are established pursuant to subsection M of
this Section the current owner of the property on which impact fees have been
paid may receive a refund of such fees. In determining whether impact fees have
been expended or encumbered, impact fees shall be considered expended or
encumbered on a first in, first out basis. Potential claimants shall be notified by
first‐class mail deposited with the United States Postal Service at the last known
address of such claimants. A potential claimant must be the current owner of
record of the real property against which the impact fees were assessed. The City
shall notify potential transportation, or parks, or fire impact fee claimants, and the
applicable school district is responsible for notifying potential school impact fee
claimants, and the RRFA is responsible for notifying potential fire impact fee
claimants.
a. Transportation and, parks, and fire impact fees are eligible for a
refund if they have not been expended or encumbered by the City within ten (10)
years of the date the fees were paid.
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b. Fire impact fees are eligible for a refund if they have not been
expended or encumbered by the RRFA within ten (10) years of the date the fees
were paid.
bc. School impact fees are eligible for a refund if they have not been
expended or encumbered by the applicable school district within six (6) years of
receipt of the funds by the City.
2. Timing of Request: Owners seeking a refund of impact fees must submit
a written request for a refund of the fees to the Administrator, school district, or
RRFA, as applicable, within one year of the date the right to claim the refund arises
or the date that notice is given, whichever is later.
3. Fees Not Refunded: Any impact fees for which no application for a
refund has been made within this one year period shall be retained by the City,
school district, or RRFA, as applicable, and expended on the system improvements
for which they were collected.
4. Interest Earned: Refunds of impact fees under this subsection shall
include any interest earned on the impact fees by the City, school district, or RRFA,
as applicable.
5. Termination of Program: When the City seeks to terminate any or all
components of the impact fee program, all unexpended or unencumbered funds
from any terminated component or components, including interest earned and
including any school or fire impact fees held by the City, shall be refunded
pursuant to this Section. Upon the finding that any or all fee requirements are to
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be terminated, the City shall place notice of such termination and the availability
of refunds in a newspaper of general circulation at least two (2) times and shall
notify all potential claimants by first‐class mail at the last known address of the
claimants. All funds available for refund shall be retained for a period of one year.
At the end of one year, any remaining funds shall be retained by the City, but must
be expended for the public facilities for which the impact fees were collected. This
notice requirement shall not apply if there are no unexpended or unencumbered
balances within the account or accounts being terminated.
6. Refunds and Offsets for Development Not Constructed: The City shall
also refund to the current owner of property for which impact fees have been paid
all impact fees paid, including interest earned on the impact fees, if the
development activity for which the impact fees were imposed did not occur;
provided, however, that, if the City has expended or encumbered the impact fees
in good faith prior to the application for a refund, the Administrator may decline
to provide the refund. If, within a period of three (3) years, the same or
subsequent owner of the property proceeds with the same or substantially similar
development activity, the owner can petition the Administrator for an offset in
the amount of the fee originally paid and not refunded. The petitioner must
provide receipts of impact fees previously paid for a development activity of the
same or substantially similar nature on the same real property or some portion
thereof. The Administrator’s determinations shall be in writing and shall be
subject to the appeals procedures set forth in subsection L of this Section.
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P. USE OF IMPACT FEES:
1. Pursuant to this Section, impact fees:
a. Shall be used for system improvements that will reasonably benefit
the new development activity;
b. Shall not be imposed to make up for deficiencies in public facilities;
and
c. Shall not be used for maintenance or operation.
2. Transportation, Parks, and Fire Impact Fees:
a. May be spent for system improvements to public streets and roads,
public parks, open space and recreation facilities and fire protection facilities as
herein defined and, including, but not limited to, planning, land acquisition, right‐
of‐way acquisition, site improvements, necessary off‐site improvements,
construction, engineering, architectural, permitting, financing, and administrative
expenses, applicable impact fees or mitigation costs, and any other expenses
which can be capitalized.
b. May also be used to recoup system improvement costs previously
incurred by the City or the RRFA to the extent that new growth and development
will be served by the previously constructed improvements or incurred costs.
3. School Impact Fees: May be expended by the respective school districts
for capital improvements including but not limited to school planning; land
acquisition; site improvements; necessary off‐site improvements; construction,
engineering, architectural, permitting, financing, and administrative expenses;
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relocatable facilities, capital equipment pertaining to educational facilities; and
any other expenses which could be capitalized, and which are consistent with the
respective school district’s capital facilities plan.
4. Debt Service: In the event that bonds or similar debt instruments are or
have been issued for the advanced provision of system improvements for which
impact fees may be expended, such impact fees may be used to pay debt service
on such bonds or similar debt instruments to the extent that the facilities or
improvements provided are consistent with the requirements of this Section, or
as may be provided in an interlocal agreement between the City and a school
district or RRFA.
Q. REVIEW AND ADJUSTMENT OF RATES:
1. Transportation, and Parks, and Fire Impact Fees:
a. The fees and rates set forth in the Rate Study may be reviewed and
adjusted by the Council as it deems necessary and appropriate in conjunction with
the annual budget process so that adjustments, if any, will be effective at the first
of the calendar year subsequent to budget period under review.
b. As part of the budget adoption process, the fees shall be adjusted by
the same percentage change as in the most recent annual change of the
Construction Cost Index published in the Engineering News Record.
2. School and Fire Impact Fees:
a. The school and fire impact fee schedule established in this Section
shall be reviewed and updated by the Council on an annual basis after the Council
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receives the school district’s or the RRFA’s plan and data required under
subsection J of this Section. The review may occur in conjunction with the annual
update of the capital facilities element of the City’s Comprehensive Plan.
b. Unless modified by an applicable interlocal agreement, oOn an
annual basis, each school district and the RRFA shall submit to the City an update
of the school district’s or the RRFA’s capital facilities plan, any applicable rate
studies, and a report on the school impact fee account, showing the source and
amount of all monies collected, earned, or received, and the public improvements
that were financed in whole or in part by school impact fees.
R. ADMINISTRATIVE FEES:
1. Deferred Fees: Each application for a deferral of payment of residential
impact fees, either under subsection G7 or 8 of this Section, shall pay a
nonrefundable administrative deferral fee of eighty‐five dollars ($85.00) for each
lot, single detached dwelling unit, or condominium unit and eighty‐five dollars
($85.00) for each multi‐family residential building. The fee shall be paid at the time
the application for deferral is submitted to the City.
2. Independent Fee Calculations: Any feepayer submitting an independent
fee calculation shall pay a fee to cover the cost of reviewing the independent fee
calculation. The fee shall be five hundred dollars ($500.00), unless otherwise
established by the Administrator, school district, or the RRFA, and shall be paid by
the feepayer at submittal of the independent fee calculation prior to issuance of
the Administrator’s determination.
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3. Appeals: Any feepayer filing an appeal of impact fees shall pay the fee
set by the City for appeals of administrative interpretations and decision. The
appeal fee shall be paid at the time of filing of the appeal.
4. Account Established: Administrative fees shall be deposited into a
separate administrative fee account within the impact fee account(s).
Administrative fees shall be used to defray the City’s actual costs associated with
the assessment, collection, administration and update of the impact fees.
5. Refunds, Waivers, and Credits: Administrative fees shall not be
refundable, shall not be waived, and shall not be credited against the impact fees.
S. EXISTING AUTHORITY UNIMPAIRED:
Nothing in this Section shall preclude the City from requiring the feepayer or
the proponent of a development activity to mitigate adverse environmental
impacts of a specific development pursuant to SEPA, chapter 43.21C RCW, based
on the environmental documents accompanying the underlying development
approval process, and/or chapter 58.17 RCW, governing plats and subdivisions.
Compliance with this Section and/or payment of fees under this Section shall not
constitute evidence of a determination of transportation concurrency.
SECTION IV. 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.
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SECTION V. This ordinance shall be in full force and effect five (5) days after publication
of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this
ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 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:1986:10/27/17:scr
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