HomeMy WebLinkAboutUtilities Committee - 15 Jun 2026 - Agenda (4) •
i� �
�
•
CITY OF RENTON
Packet—Utilities Committee
June 15, 2026
7th Floor Council Conference Room/Videoconference
1. INTERMOUNTAIN INFRASTRUCTURE GROUP, LLC FRANCHISE
AGREEMENT
Community & Economic Development Department— Development Engineering
Division recommends adoption of an ordinance authorizing a franchise agreement
with Intermountain Infrastructure Group, LLC, as a purveyor of telecommunications
transmission and distribution systems within the City of Renton. Refer to Utilities
Committee
2. MCLEODUSA TELECOMMUNICATIONS SERVICES, LLC SUBLEASE
Community & Economic Development Department— Development Engineering
Division recommends adoption of a resolution authorizing McLeodUSA
Telecommunications Services, LLC to lease their telecommunications facilities to
Intermountain Infrastructure Group, LLC within the City of Renton. Refer to Utilities
Committee
3. AGREEMENT FOR PROFESSIONAL SERVICES WITH OTAK, INC. FOR THE
DESIGN OF THE 116TH AVE SE AND EDMONDS WAY SE AC WATER MAIN
REPLACEMENT PROJECT
Public Works Department — Utility Systems Division recommends execution of an
agreement for Professional Services with Otak, Inc., in the amount of$222,267, for
the design of the 116th Ave SE and Edmonds Way SE AC Water Main Replacement
Project. Refer to Utilities Committee
4. EMERGING ISSUES IN UTILITIES
Highlands Reservoir Water Main Improvements Project
Lower Cedar River Flood Damage Repair Project
•
SUBJECT/TITLE: Intermountain Infrastructure Group, LLC Franchise Agreement
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Community & Economic Development
STAFF CONTACT: Nathan Janders
EXT.: 7382
. • . . �
N/A
� ' � � �
Intermountain Infrastructure Group, LLC has requested a franchise agreement with the City of
Renton in order to provide a telecommunications network. The franchise being sought with the City
of Renton would allow for the installation of communication facilities, specifically fiber optic cable
and related appurtenances, in, across, over, along, under, through and below certain designated
public rights-of-way within the City. A franchise agreement with the City is required for the use of the
City rights-of-way for this private telecommunications system and is subject to appropriate fees for
the reduced value of the affected rights-of-way.
The franchise agreement permits Intermountain Infrastructure Group, LLC to construct, install, and
operate, communications equipment, specifically fiber optic cable and related appurtenances, within
and through public rights-of way, public ways and other ways within the City of Renton.
� � • � � •
Authorize the Mayor and City Clerk to enter into a franchise agreement with Intermountain Infrastructure Group, LLC as
a purveyor of telecommunications transmission and distribution systems within the City of Renton.
1
.
C ,�
'�
. Community & Economic
Development Department
DATE: June 8thb, 2026
TO: Kim-Khanh Van, Committee Chair
Members of Utilities Committee
VIA: Armondo Pavone, Mayor
FROM: Gina Estep, CED Administrator, x6588
STAFF CONTACT: Nathan Janders, Development Engineering Manager, x7382
SUBJECT: Intermountain Infrastructure Group, LLC Franchise
Agreement
ISSUE:
Should Council authorize the Mayor and City Clerk to enter into a franchise agreement
with Intermountain Infrastructure Group, LLC?
RECOMMENDATION:
Staff recommends that Council authorize the Mayor and City Clerk to enter into a
franchise agreement with Intermountain Infrastructure Group, LLC as a purveyor of
telecommunications transmission and distribution systems within the City of Renton.
BACKGROUND SUMMARY:
Intermountain Infrastructure Group, LLC has requested a franchise agreement with the
City of Renton in order to provide a telecommunications network. The franchise being
sought with the City of Renton would allow for the installation of communication facilities,
specifically fiber optic cable and related appurtenances, in, across, over, along, under,
through and below certain designated public rights-of-way within the City. The use of the
City rights-of-way for this private telecommunications system requires a franchise
agreement with the City and is subject to appropriate fees for the reduced value of the
affected rights-of way.
The franchise agreement permits Intermountain Infrastructure Group, LLC to construct,
install, and operate, communications equipment, specifically fiber optic cable and related
appurtenances, within and through public rights-of way, public ways and other ways
within the City of Renton.
The length of term agreed to by the Intermountain Infrastructure Group, LLC for the
proposed franchise agreement would be effective for a period of five (10) years. A
possible 5-year renewal may allowed for, via the franchise, at the City's discretion.
Kim-Khanh Van, Committee Chair
Page 2 of 3
June 12, 2026
The agreement groups similar items together Sections 1-8 cover the basic franchise
approval. Sections 9-14 cover general work activities. Sections 15-24 cover basic legal
concerns. Sections 25-27 provide for final franchise adoption.
OUTLINE FOR Intermountain Infrastructure Group, LLC FRANCHISE AGREEMENT
1. Definition: Provides definitions of key terms used in the agreement.
2. Purpose: Explains purpose of the cooperative agreement.
3. Privileqes Conveyed: Grants basic franchise rights to Intermountain
Infrastructure Group, LLC for a limited, non-exclusive franchise.
4. Term: Defines length of agreement, and option to extend.
5. Recovery of Costs: Allows City to charge an administrative fee to recover
costs.
6. Assignment and Transfer of Franchise: Requires Council approval for
transfer.
7. Compliance with Laws - Reservation of Powers and Authoritv: Explains legal
obligations for Intermountain Infrastructure Group, LLC.
8. Non-exclusive Franchise: Allows Renton to grant other or further franchises.
9. Permits, Construction and Restoration: Outlines permitting, bonds, restoration
and other construction requirements.
10. Coordination and Shared Excavations: Requires reasonable efforts to
coordinate work within the franchise area.
11. Hazardous Materials: Regulates use of hazardous substances.
12. Emerqencv Work— Extension of Time to Obtain Permit(s): Requires prompt
response in an emergency and extension of time to obtain permits to correct
dangerous conditions.
13. Records of Installation: Requires as-built drawings and provision of plans for
potential improvements upon City request.
14. Underqroundinq of Facilities: Requires undergrounding consistent with
Renton Municipal Code.
15. Franchisee Relocation Work: Intermountain Infrastructure Group, LLC is
required to relocate its facilities at its cost when there are identified conflicts
with new City streets or utilities.
16. Abandonment and Discontinuance of Franchisee's Facilities: Requires notice
to the City when use ceases or facilities are abandoned.
17. Termination, Violations and Remedies: Describes termination of franchise,
discontinuation of operations, obligation of Franchisee, and remedies to
parties.
18. Dispute Resolution: Provides process for alleged default as to performance
19. Arbitration: Establishes process for arbitration, discovery, compensatory
damages, and assignment of costs.
20. Alternative Remedies: Allows forjudicial relief.
21. Amendments to Franchise: Specifies process for written amendment to
franchise.
22. Indemnification: Franchisee shall indemnify, defend, and hold harmless
Renton for the duration of the Franchise.
23. Insurance: Requires the Franchisee to procure and maintain insurance for the
duration of the Franchise.
Kim-Khanh Van, Committee Chair
Page 3 of 3
June 12, 2026
24. Discrimination Prohibited: Provides standard language now included on all
franchise agreements.
25. Notice: Outlines noticing procedures and contact information.
26. Miscellaneous: Minor clarifications, including stating the franchise
requirements apply to Intermountain Infrastructure Group, LLC, its
successors and contractors.
27. Effective Date: Franchise becomes effective five days after legal publication.
Intermountain Infrastructure Group, LLC must file its written acceptance of this franchise
with the City Clerk within 60 days after approval by the mayor in order to claim any right
or benefit under this franchise agreement.
cc: Martin Pastucha, Public Works Administrator
Ron Straka, Utility Systems Director
Justin Johnson, Development Engineering Director
Nathan Janders, Development Engineering Manager
Scott Warlick, Engineering Specialist III
CITY OF RENTON,WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING
INTERMOUNTAIN INFRASTRUCTURE GROUP, LLC, A DELAWARE LIMITED
LIABILITY COMPANY, AUTHORIZED TO DO BUSINESS WITHIN THE STATE
OF WASHINGTON, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, THE
RIGHT, PRIVILEGE, AND AUTHORITY TO INSTALL COMMUNICATIONS
FACILITIES, SPECIFICALLY FIBER OPTIC CABLE AND RELATED
APPURTENANCES, UNDER, ALONG, OVER, BELOW, THROUGH AND
ACROSS THE STREETS, AVENUES AND ALLEYS OF THE CITY OF RENTON
WITHIN THE PUBLIC RIGHT-OF-WAY OF RENTON.
WHEREAS, RCW 35A.11.020 grants the City broad authorityto regulate the use of the
public Right of Way; and
WHEREAS, RCW 35A.47.040 grants the City broad authority to permit and regulate
non-exclusive franchises; and
WHEREAS, RMC 5-19 describes the City's regulatory regime for franchises; and
WHEREAS, the City Council finds that it is in the best interests of the health, safety
and welfare of residents of the Renton community to grant a non-exclusive franchise to
Intermountain Infrastructure Group, LLC for the operation of an underground fiber optic
telecommunications system with the City Rights-of Way;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,
DO ORDAIN AS FOLLOWS:
1
ORDINANCE NO.
Table of Contents
SECTIONI. Definitions................................................................................................................3
SECTIONII. Purpose...................................................................................................................7
SECTION III. Privileges Conveyed...............................................................................................8
SECTIONIV.Term.....................................................................................................................11
SECTION V. Recovery of Costs .................................................................................................11
SECTION VI.Assignment and Transfer of Franchise.................................................................14
SECTION VII. Compliance with Laws-Reservation of Powers and Authority ...........................15
SECTION VIII. Non-exclusive Franchise ...................................................................................16
SECTION IX. Permits, Construction and Restoration ...............................................................17
SECTION X. Coordination and Shared Excavations..................................................................25
SECTION XI. Hazardous Materials............................................................................................26
SECTION XII. Emergency Work-Extension of Time to Obtain Permit(s)...................................28
SECTION XIII. Records of Installation.......................................................................................31
SECTION XIV. Undergroundingof Facilities..............................................................................34
SECTION XV. Relocation of Franchisee Facilities.....................................................................34
SECTION XVI.Abandonment and Discontinuance of Franchisee's Facilities...........................40
SECTION XVII.Termination,Violations,and Remedies............................................................42
SECTION XVIII. Dispute Resolution ..........................................................................................46
SECTION XIX.Arbitration..........................................................................................................48
SECTION XX.Alternative Remedies..........................................................................................50
SECTION XXI.Amendments to Franchise.................................................................................50
SECTION XXII. Indemnification.................................................................................................51
SECTION XXIII. Insurance.........................................................................................................55
SECTION XXIV. Discrimination Prohibited................................................................................58
SECTION XXV. Notice ...............................................................................................................59
SECTION XXVI. Miscellaneous .................................................................................................60
SECTIONXXVII. Effective Date .................................................................................................65
2
ORDINANCE NO.
SECTION I. Definitions
For the purposes of this Franchise and Attachment 1, which is fully incorporated by
reference, the following defined terms, phrases, words and their derivations shall have the
meaning provided below.When not inconsistentwith the context in which the word is used,
words used in the present tense include the future, words in the plural include the singular,
words in lower case shall have their defined meaning even if the words are not capitalized,
and words in the singular include the plural. Undefined words shall be given their common
and ordinary meaning.
1.1 Administrator: Means the Administrator of The City of Renton's Community
and Economic Development Department or designee, or any successor office responsible
for management of Renton's public properties.
1.2 Construct or Construction: Means to construct, remove, replace, repair,
and/or restore any Facility, and may include, but are not limited to, digging, boring, and/or
excavatingto construct, remove, replace, repair, and restore pipeline(s) and/or Facilities.
1.3 Cost: Means any costs, fees, or expenses, including but not limited to
attorneys' fees.
1.4 Dav: Means calendar day(s) unless otherwise specified.
1.5 Facility or Facilities: Means, collectively or individually, any and all
telecommunication transmission and distribution systems, including but not limited to,
poles, wires, lines, conduits, ducts, cables, braces, guys, anchors and vaults, switches,
fixtures, and communication systems; and any and all other equipment, appliances,
attachments, appurtenances and other items necessary, convenient, or in any way
3
ORDINANCE NO.
appertaining to any and all of the foregoing, whether the same be located across, above,
along, below, in, over,through, or underground. Facilities do not include any noise-creating
equipmentwithin the range of human hearing.
1.6 Franchise: Means this ordinance and any related amendments, attachments,
exhibits, or appendices.
1.7 Franchise Area: Means all present and future City of Renton Rights-of-Wayfor
public roads, alleys, avenues, highways, streets, and throughways (including the area
across, above, along, below, in, over, through, or under such area), laid out, platted,
dedicated, acquired or improved, and; all city-owned utility easements dedicated for the
placement and location of various utilities provided such easement would permit
Franchisee to fully exercise the privilege granted under this Franchise within the area
covered by the easement, without interfering with any governmental functions or other
franchises or easements.
1.8 Franchisee: Means Intermountain Infrastructure Group, LLC, a Delaware
limited liability company, authorized to do business within the State of Washington, and its
respective successors and assigns, and agents, contractors (of any tier), employees,
officers and representatives.
1.9 Hazardous Substance: Means any and all hazardous, toxic, or dangerous
substance, material, waste, pollutant, or contaminant, including but not limited to all
substances designated under: the Resource Conservation and Recovery Act, 42 U.S.C. §
6901 et seq.;the Comprehensive Environmental Response, Compensation and LiabilityAct,
42 U.S.C. § 9601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et
4
ORDINANCE NO.
seq.; the Clean Water Act, 33 U.S.C. § 1251 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et
seq.; the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide,
Fungicide, Rodenticide Act, 7 U.S.C. � 136 et seq.; the Washington Hazardous Waste
Management Act, RCW Chapter 70A.300, and the Washington Hazardous Waste Cleanup -
Model Toxics Control Act, RCW Chapter 70A.305, as they exist or may be amended; or any
other Laws. The term "Hazardous Substance" shall also be interpreted to include any
substance which, after release into the environment, will or may reasonably be anticipated
to cause death, disease, injury, illness, abnormalities, behavioral abnormalities, stunted or
abnormal growth or development, or genetic abnormalities.
1.10 Laws: Means any federal, state, or municipal code, statute, ordinance,
decree, executive order, governmental approval, permit, regulation, regulatory program,
order, rule, published specification, public standard, environmental law, or governmental
authority as they exist, may be amended, or created, that relate to telecommunications
services or terms of this Agreement, including but not limited to 47 U.S.C. § 101, et. seq.
(Telecommunications Act of 1996), RCW 19.122 (Underground Utilities), WAC 480-80
(Utilities General — Tariffs and Contracts), RCW 35.99 (Telecommunications, Cable
Television Service — Use of Right-of Way), WAC Chapter 296-32 (Safety Standards for
Telecommunications), RCW Chapter 80.36 (Telecommunications), WAC Chapter 480-120,
et. seq., (Telephone Companies), RCW Chapter 35.96 (Electric and Communication
Facilities—Conversion to Underground), and any related Laws.
1.11 Parties: Means the City of Renton and Intermountain Infrastructure Group,
LLC.
5
ORDINANCE NO.
1.12 Public Propert�c(ies�: Means present and/or future property owned or leased
by Renton within Renton's present and/orfuture control and/orjurisdictional boundaries.
1.13 Public Ways: Means any highway, street, alley, sidewalk, utility easement
(unless their use is otherwise restricted for other users), or other public Rights-of-Way for
motor vehicles or any other uses under Renton's control and/or in its jurisdictional
boundaries, consistent with RCW 47.24.020 (City Streets as Part of State Highways:
Jurisdiction, control - Exception) and 47.52.090 (Limited Access Facilities: Cooperative
agreements—Urban public transportation systems—Title to highway—Traffic regulations
—Underground utilities and overcrossings— Passenger transportation —Storm sewers—
City street crossings).
1.14 Rights-of-Wa�[: Means the surface and space across, above, along, below, in,
over, through or under any street, alley, avenue, highway, lane, roadway, sidewalk,
thoroughfare, court, easement and similar Public Property, Public Ways, and area within the
Franchise Area.
1.15 Tariff: Has the meaning provided in WAC 480-80-030(Utilities General—Tariffs
and Contracts: Definitions), or such similar definition describing rate schedules, rules and
regulations relating to charges and service as may be adopted by the regulatory authority
with jurisdiction, under the laws of the State of Washington, over public service companies
and/or competitive telecommunication service companies, and such competitive
companies must file tariffs in accordance with WAC 480-120-026 (Telephone Companies:
Tariffs), WAC Chapter 480-80 (Utilities General—Tariffs and Contracts).
6
ORDINANCE NO.
1.16 WUTC: Means the Washington Utilities and Transportation Commission or
such successor regulatory agency having jurisdiction over public service and/or
telecommunication service companies.
1.17 Work: Means to construct, excavate, install, maintain, remove and/or repair
by, for, or at Franchisee's request.
1.18 City of Renton:The City of Renton is a noncharter code city under the laws and
statutes of the State of Washington. Throughout the Franchise the term City, Renton and
City of Renton are used interchangeably all meaning the same.
SECTION II. Purpose
2.1 Authoritv: Under RCW 35A.47.040, Renton's City Council has authority to
permit and regulate nonexclusive franchises such as that contemplated under this
Ordinance. This Franchise is granted subject to Renton's land use authority, public highway
authority, police powers, franchise authority, and any case law, statutory or inherent
authority.
2.2 Conditions: The purpose of this Franchise is to delineate the conditions
relating to Franchisee's use of the Franchise Area and to create a foundation for the Parties
to work cooperatively in the public's best interests after this ordinance becomes effective.
This Franchise is conditioned upon the terms and conditions provided in this Franchise, and
Franchisee's compliance with all Laws.
2.3 Risk and Liabilitv: By accepting this Franchise, Franchisee assumes all risks
or liabilities related to the Franchise, with no risk or liability conferred upon Renton. This
Franchise is granted upon the express condition that Renton retains the absolute authority
7
ORDINANCE NO.
to grant other or further franchises in any Rights-of-Way and any Franchise Area. This and
other franchises shall, in no way, prevent or prohibit Renton from using any of its Franchise
Area, or affect its jurisdiction over them or any part of them, and Renton retains absolute
authority to make all changes, relocations, repairs, maintenance, establishments,
improvements, dedications or vacations of same as Renton may see fit, including the
dedication, establishment, maintenance and improvement of all new or existing Rights-of-
Way, Public Property or Public Ways.
SECTION III. Privileges Conveyed
3.1 Franchise Granted: Pursuant to authority under the Telecommunication Act
of 1996, §253(c), RMC Chapter 5-19 (Telecommunication Licenses and Franchises) and the
laws of the State of Washington including, but not limited to, RCW 47.24.020 (City Streets
as Part of State Highways:Jurisdiction, control-Exception), RCW 47.52.090(Limited Access
Facilities: Cooperative agreements — Urban public transportation systems — Title to
highway — Traffic regulations — Underground utilities and overcrossings — Passenger
transportation — Storm sewers — City street crossings), RCW 35A.47.040 (Highways and
Streets: Franchises and permits — Streets and public ways), RCW 35.22.280 (First Class
Cities: Specific powers enumerated), RCW 35.99.020 (Telecommunication, Cable
Television Service—Use of Right of Way: Permits for use of right-of way), and RCW 80.36.040
(Telecommunications: Use of road, street, and railroad right-of way—When consent of city
necessary), and any related laws, Renton grants to Franchisee, and its successors and
assigns (subject to and as provided for in Section VI,Assignment and Transfer of Franchise),
under this Franchise's terms and conditions, the privilege to install, construct, operate,
8
ORDINANCE NO.
maintain and improve its Facilities, together with all necessary equipment and
appurtenances, for the provision of telecommunications, telecommunications distribution
services, private line, and internet access services,within the existing Franchise Area, such
lands being more particularly described in Attachment 1 which is attached and fully
incorporated by reference into the Franchise. Without a separate franchise agreement,
Franchisee shall not have the privilege to provide cable services in the City of Renton.
3.2 Limited Franchise: This Franchise conveys a limited privilege as to the
Franchise Area in which Renton has an actual interest. It is not a warranty of title or interest
in the Franchise Area. This privilege shall not limit Renton's police powers, any statutory or
inherent authority,jurisdiction over its property, Franchise Area, Rights-of-Way, or its zoning
or land use authority. The terms and conditions of this Franchise shall not be construed to
apply to Facilities located outside of the Franchise Area. This Franchise does not confer
upon Franchisee any privilege to install or use any Facilities outside the Franchise Area,
including City-owned or leased properties or easements.
3.3 Principal Use Limitation: This Franchise shall not authorize a principal use of
the Franchise Area for purposes other than for telecommunications, telecommunications
distribution services, private line, and internet access services as those services are defined
in Washington state law. The Franchisee may use its Facilities' excess capacity, however,
Franchisee may not use, convey, lease or share excess space within the Franchise Area
without prior written authorization from the City of Renton. In order for the City to determine
whether, and under what conditions, excess capacity may be authorized, Franchisee shall
9
ORDINANCE NO.
timely notify the City's representative identified at subsection 25.1 of this Agreement in
writing.
3.4 Franchise is Non-Exclusive: As detailed in Section VIII, below, Renton grants
this non-exclusive Franchise to Franchisee to operate, maintain and improve its existing
Facilities as a telephone business and/or service provider(as those terms are used in RCW
35.21.860).
3.5 Acknowledgement: Franchisee acknowledges and warrants by its
acceptance of the granted privileges, that it has carefully read and fully comprehends the
terms and conditions of this Franchise. Franchisee accepts all risks of the meaning of the
provisions, terms and conditions of the Franchise. Franchisee further acknowledges and
states that it has fully studied and considered the requirements and provisions of this
Franchise and believes thatthe same are consistentwith all Laws. If in the future Franchisee
becomes aware that a provision of this Franchise may be unlawful or invalid, it will not use
such potential invalidity to unilaterally ignore or avoid such provision. Instead, Franchisee
will promptly advise Renton of the potential invalidity or illegality, and the Parties will meet
within thirty (30) days and endeavor jointly to amend this Franchise to cure the alleged
invalidity or illegality.
3.6 Enforceable Contract: Franchisee specifically agrees to comply with the
provisions of any applicable Laws, as they exist or may be amended.The express terms and
conditions of the Franchise constitute a valid and enforceable contract between the Parties,
subject to any Laws.
10
ORDINANCE NO.
3.7 Existing Facilities Outside Franchise Area: Franchisee Facilities as they may
exist at the Effective Date of this Franchise and were installed and/or maintained on public
grounds or places in Renton under other Agreement(s) with the City may continue to be
maintained, repaired, and operated through the term of this Franchise subject to the terms
of this agreement; provided, however, that no such Facilities may be enlarged, improved or
expanded without Renton's prior review, written consent, and approval pursuant to the
provisions of any applicable Laws.
SECTION IV.Term
4.1 Length of Term:
a. Effective Date: Each of the provisions of this Franchise shall become effective
upon the later of Franchisee's acceptance of the terms and conditions of this
Franchise and the City Council's passage of this ordinance; and
b. Length ofTerm: shall remain in effectforten (10)years, unless it is terminated
pursuant to Section XVII, Termination,Violations, and Remedies.
c. Option for Renewal: At anytime not more than two (2)years nor less than one
hundred and eighty (180) days before the expiration of the Franchise Term,
Franchisee may make a written request and Renton may consider, at its sole
discretion, renewing this Franchise for an additional five (5)year renewal period.
4.2 ExtensionuponExpiration: IfthePartiesfailtoformallyreneworterminatethe
Franchise priorto the expiration of its term or any extension,the Franchise shall be extended
on a year-to-year basis until the Franchise is renewed, terminated or extended.
SECTION V. Recovery of Costs
11
ORDINANCE NO.
5.1 Administrative Fee: Pursuant to RCW 35.21.860(1)(b), Renton may charge
Franchisee an administrative fee to recover all actual administrative expenses incurred by
Renton that are directly related to receiving and approving a permit, license and this
Franchise, to inspect Plans and construction, or for the preparation of a detailed statement
pursuant to the Washington State Environmental Policy Act ("SEPA") (RCW Chapter
43.21 C). Where Renton incurs actual administrative expenses, including but not limited to
fees, expenses, and/ or costs for attorneys, consultants, staff and the City Attorney
Department, for review or inspection of activities undertaken through the authority granted
in this franchise, Franchisee shall pay such expenses directly to Renton. Renton shall
provide Franchisee with an itemized invoice identifying the administrative expenses
incurred. Renton employee time shall be calculated based on their rate of salary, including
applicable overtime, benefits and reasonable overhead, and all other costs will be billed
based on an actual cost basis. Payment shall be due within forty-five (45) days of receipt of
the invoice.
5.2 Utility Tax: Pursuant to RCW 35.21.870 (Electricity, telephone, natural gas, or
steam energy business—Tax limited to six percent— Exception) and RCW 35.21.860(1)(a),
Renton may impose a utility tax on Franchisee consistent with the utility tax imposed on
other similarly situated telephone businesses or service providers.
5.3 Franchise Fee: Pursuant to RCW 35.21.860 (Electricity, telephone, or natural
gas business, service provider—Franchise fees prohibited—Exceptions), Renton may only
impose a franchise fee or any other Cost of whatever nature or description upon Franchisee
as is consistent with federal law.
12
ORDINANCE NO.
5.4 Cost of Publication: Franchisee shall bearthe entire Cost of publication of this
ordinance.
5.5 Permit Fee: Franchisee shall be subject to all permit fees, as defined in the
City Fee Schedule or in this Franchise, associated with activities undertaken through the
authority granted in this Franchise or under Laws.
5.6 Emergency Fee: Franchisee shall promptly reimburse Renton for any and all
costs the City reasonably incurs in response to any emergency situation involving
Franchisee's Facilities, to the extent said emergency is not the fault of the City. The City
agrees to simultaneously seek reimbursement from any Franchisee or permit holder who
caused or contributed to the emergency situation. Renton's "response to emergency" for
the purposes of this Franchise is defined in subsections 9.5 and 12.1 through 12.3.
5.7 City Costs to be Reimbursed: City will provide documentation of reasonably
incurred costs, itemized by project, for Franchisee's proportionate share of all actual,
identified expenses incurred by Renton in planning, constructing, installing, repairing,
altering, or maintaining any City facility as the result of the presence of Franchisee's
Facilities in the Right-of-Way. Such costs and expenses shall include but not be limited to:
d. Franchisee's proportionate cost of City personnel assigned to oversee or
engage in anywork in the Rights-of-Way as the result of the presence of Franchisee's
Facilities in the Rights-of-Way.
e. Franchisee's proportionate share of any City of Renton time spent reviewing
construction plans in order to either accomplish the relocation of Franchisee's
13
ORDINANCE NO.
Facilities or the routing or rerouting of any utilities so as not to interfere with
Franchisee's Facilities.
f. The time of City employees shall be charged at their respective rate of salary,
including overtime if applicable, plus benefits and reasonable overhead. Any other
costs will be billed proportionately on an actual cost basis.
5.8 Reimbursement period: Franchisee shall reimburse Renton within forty-five
(45) days of Renton's submittal of an itemized billing.
5.9 All billings will be itemized so as to specifically identifythe costs and expenses
for each project for which the City claims reimbursement. A charge for the actual costs
incurred in preparing the billing may also be included in said billing.At the City's option, the
billing may be on an annual basis, but the City shall provide the Franchisee with the City's
itemization of costs, in writing, at the conclusion of each project for informational purposes.
SECTION VI.Assignment and Transfer of Franchise
6.1 Assignment: Franchisee may not assign, dispose of, lease, sell, transfer, or
permit to be forfeited this Franchise, either in whole or in part, without the advance written
consent of the City Council of Renton by passage of an ordinance or resolution; such
consent shall not be unreasonably withheld. Such consent shall not be deemed to waive
any of Renton's rights to subsequently enforce Franchise related non-compliance issues
that existed at or before Renton's consent.
g. Any telecommunications assignee or transferee shall, at least thirty(30) days
prior to the date of any assignment or transfer, file written notice of the assignment
14
ORDINANCE NO.
or transfer with Renton, together with its written acceptance of all of the Franchise
terms and conditions.
h. The Franchise terms and conditions shall be binding upon the Parties'
respective assigns and successors.
i. Notwithstanding the foregoing, Franchisee may enter into a new pledge of the
Franchise for security purposes during the Franchise only with the City Council's
consent evidenced by a Resolution articulating acceptance.To the extent Franchisee
has entered into mortgage or other security agreement prior to entry into this
Franchise and the secured party elects to realize on the collateral, then the secured
party is considered an assignee or transferee subject to provisions of subparagraph
6.1.a of this Agreement.
j. The rights of anytransferee are subject at alltimes to the terms and conditions
of this Franchise, and no transferee will have any greater rights under this Franchise
than the rights of Franchisee.
6.2 Acceptance: If Renton consents, within thirty (30) days of that consent
Franchisee shall file with Renton a written instrument evidencing such sale, assignment or
transfer of ownership,with the assignee(s)ortransferee(s)acceptance of the Franchise and
all of its terms and conditions.
SECTION VII. Compliance with Laws- Reservation of Powers and Authority
7.1 Compliance: In every aspect related to this Franchise, including but not
limited to all Work, Franchisee shall comply with all applicable Laws, whether specifically
mentioned in this Franchise or not.
15
ORDINANCE NO.
7.2 Incorporation of RMC 5-19, Telecommunications Licenses and Franchises:
The conditions, provisions, requirements and terms and of RMC Chapter 5-19 are fully
incorporated by reference intothis Franchise. If a discrepancyarises between this Franchise
and RMC Chapter 5-19 or any other law, then the most restrictive measure shall apply.
7.3 Le itimate Municipal Interest: As to matters subject to the terms and
conditions of this Franchise, if Renton determines during the Franchise term that the
assertion of a legitimate municipal interest is prohibited by application of federal or state
law, then as to such matter and such municipal interest and consistent with its legal
obligations, Franchisee shall cooperate with Renton in a good faith effort to address such
municipal interest. In this context, neither Party shall invoke this Franchise as a basis to
assert that its consideration of a given issue is excused by operation of the doctrines of
estoppel or waiver.
7.4 ReferencetoSpecific LaworOrder: Upona reasonablyjustifiedwritten inquiry
by Renton, Franchisee shall provide a specific reference to the federal, state, or local law or
the WUTC order or action establishing a basis for Franchisee's actions related to a specific
Franchise issue.
SECTION VIII. Non-exclusive Franchise
8.1 Non-exclusive:As provided in subsection 3.4,this Franchise is non-exclusive,
and as a result, Renton expressly reserves the right to grant other or further franchises or to
use the Franchise Area itself; provided that such uses do not unreasonably interfere with
Franchisee's use and placement of its Facilities in any Rights-of-Way and/or any Franchise
Area.
16
ORDINANCE NO.
8.2 Renton's Use of Franchise Area: This Franchise shall not prevent, prohibit,
limit or affect Renton's use ofthe Franchise Area,consistentwith this Franchise;or Renton's
jurisdiction over the Franchise Area. The Parties agree that Renton reserves and retains all
of its statutory, inherent and other powers and franchise authority, as they exist or shall
exist.
SECTION IX. Permits, Construction and Restoration
9.2 Free Passage of Traffic: Franchisee shall at all times maintain its Facilities
within the Franchise Area so as not to unreasonably interfere with the free passage of traffic,
pedestrians orthe use and enjoyment of adjoining property.
9.3 Permit A�plication Required: Exception to timing in the event of an emergency
defined in Section XII Permits shallvest in accordance with RMC 4-1-045.
a. Franchisee shall first obtain (be issued) all required documentation and
approvals, including permits from Renton to perform Work on Franchisee's Facilities
within the Franchise Area.
i. The permit application shall contain detailed plans, maps and
specifications showing the position, depth and location of the Franchisee's
proposed new and/or existing Facilities in relation to existing public and private
utilities within a minimum horizontal distance of ten (10) feet from the proposed
new Facilities, collectively referred to as the "Plans."
ii.The permit application shall include payment of the associated fees.
iii. The Plans shall specifythe class and type of material and equipment to be
used, manner of excavation, construction, installation, backfill, erection of
17
ORDINANCE NO.
temporary structures and facilities, erection of permanent structures and
facilities, horizontal and vertical separation from public utilities, applicable
easements, site specific traffic control signed by a traffic control specialist,traffic
turnouts and road obstructions, and all other necessary information.
iv. Permits shall not be unreasonablywithheld or delayed after submission of
a complete application. Franchisee may engage subcontractors or other entities
submit a permit application on behalf of the Franchisee. For each subcontractor
or other entity Franchisee elects to submit on their behalf, the Franchisee must
submit to the City a Letter of Authorization in a format that is acceptable to the
City.
b. Work shall only commence upon the issuance of required permits.
Franchisee shall schedule an inspection anytime that Franchisee is performing Work
within the Franchise Area to allow Renton to inspect such work. Inspections shall be
scheduled as identified on the issued permit.
c. Nothing in this Agreement is intended, nor should be construed,to guarantee
any permit is issued.
d. Franchisee shall submit to Renton as-built plans and, digital facility location
data in a format compatible with Renton's geographic information system.
9.4 Work Performed — Safetv: During any period of relocation, construction or
maintenance, all work performed by Franchisee or its contractors of any tier shall be
accomplished in a safe and workmanlike manner, so to minimize interference with the free
passage of traffic and the free use of adjoining property, whether public or private.
18
ORDINANCE NO.
Franchisee shall at all times post and maintain proper barricades, flags, flaggers, lights,
flares and other traffic control measures as required for the safety of all members of the
general public and comply with all applicable safety regulations during such period of
construction as required bythe ordinances of the City orthe laws of the State of Washington,
including RCW 39.04.180 for the construction of trench safety systems.The provision of this
subsection 9.3 shall survive the expiration or termination of this Franchise to the extent that
Franchisee continues to have Facilities in the Rights-of-Way.
9.5 Work Performed — Licensing and Compliance with Franchise Agreement:
Franchisee's contractors of any tier shall be licensed and bonded in accordance with State
law and the City's ordinances, regulations, and requirements. Work by contractors of any
tier are subject to the same restrictions, limitations, and conditions as if the work were
performed by Franchisee. Franchisee shall be responsible for all work performed by its
contractors of any tier and others performing work on its behalf as if the work were
performed by Franchisee and shall ensure that all such work is performed in compliance
with the Franchise and applicable law.
9.6 Underground Installation: Boring Preferred: Work involving underground
installation of Franchisee's facilities within City streets shall be accomplished through
boringratherthan opentrenchingwheneverreasonablyfeasible. Priorto boring, Franchisee
shall "pothole" all existing City utilities, private utilities and other pressurized systems to
ensure vertical separation requirements are met. When directed by the City, Franchisee
shall CCTV Renton-owned sewer and storm drain lines and privately owned sewer and storm
drain lines connected to the City system within the Right-of-Way or utility easement, on the
19
ORDINANCE NO.
boring route following completion of the boring work and prior to activating the facility being
constructed to verify that these Renton-owned lines were not damaged by the boring
work. Upon request from Franchisee, Renton may allow for other methods to meet the
requirement as may be approved by Renton as part of permitting.
9.7 Work Performed — Repair of Damage. Any utility, public or private, that is
damaged by the Franchisee shall be repaired by the Franchisee at no cost to Renton or the
private utility owner.
9.8 Facility Placement:The City reserves the right to limit or exclude Franchisee's
access to a specific route, Right-of-Way or other location when, in the judgment of the
Administrator or designee, there is inadequate space (including but not limited to
compliance with ADA clearance requirements and maintaining a clear and safe passage
through the Rights-of-Way), a pavement cutting moratorium, unnecessary damage to public
property, public expense, inconvenience, interference with City utilities, inabilityto achieve
utility separation (unless otherwise approved on a case-by-case basis), or as otherwise
reasonably determined by the Administrator or designee. The decision of the Administrator
for Facility Placement is final and not subject to administrative appeal.
9.9 Lateral Su�port — Dut�r to Not Impair: Whenever Work on Facilities have
caused or contributed to a condition that in the City of Renton's sole determination will or
has substantially impairs the lateral support of the Franchise Area, Renton may direct
Franchisee, at Franchisee's sole expense,to take such actions as are reasonably necessary
within the Franchise Area to repair and/or not impair the lateral support. If Franchisee fails
or refuses to take prompt action, or if an emergency situation requires immediate action,
20
ORDINANCE NO.
Renton may enter the Franchise Area and take any action necessary to protect the public,
any Public Way, Public Property, and Rights-of-Way, and Franchisee shall be liable to
Renton for all costs, fees, and expenses resultingfrom that necessary action in accordance
with subsections 5.7, 5.8, and 5.9. This provision shall survive the expiration, revocation or
termination of this Franchise for a period of five (5)years.
9.10 Limits on Construction: No park, public square, golf course, street Rights-of-
Way or public place of like nature shall be bored, trenched, excavated or damaged by
Franchisee if there is a substantially equivalent alternative.The determination of there being
a substantially equivalent alternative shall be at the sole determination of Renton.
9.11 Bond Requirement: Before undertaking any of the Work authorized by this
Franchise, as a condition precedent to the Renton's issuance of any permits, Franchisee
shall, upon the Renton's request, furnish a bond executed by Franchisee and a corporate
surety authorized to operate a surety business in the State of Washington, in such sum as
may be set and approved by Renton as sufficient to ensure performance of Franchisee's
obligations under this Franchise. Franchisee shall post a performance bond in the amount
of $100,000 that shall remain in effect for the term of this Franchise. The bond shall be
conditioned so that Franchisee shall observe all the covenants, terms, and conditions and
shall faithfully perform all of the obligations of this Franchise, and to repair or replace any
defective Work or materials discovered in the Franchise Area. The bond shall ensure the
faithful performance of Franchisee's obligations under the Franchise, including, but not
limited to, Franchisee's payment of any penalties, claims, liens, or fees due Renton that
arise by reason of the operation, construction, or maintenance of the Facilities within the
21
ORDINANCE NO.
Franchise Area. Franchisee shall pay all premiums or other costs associated with
maintaining the bond. Additionally, if Renton determines that the performance bond is
inadequate to ensure Franchisee's performance of a project, Franchisee shall post any
additional bonds required to guarantee performance by Franchisee in accordance with the
conditions of any permits and/or the requirements of this Franchise. In lieu of a separate
bond for routine individual projects involving work in the Franchise Area, Franchisee may
satisfy Renton's bond requirements by posting a single on-going performance bond in an
amount approved by Renton.
9.12 Workmanship:All Work done by Franchisee or at Franchisee's direction or on
its behalf, including all Work performed by contractors of any tier, shall be considered
Franchisee's Work and shall be undertaken and completed in a workmanlike manner and in
accordance with the descriptions, plans and specifications Franchisee provided to Renton,
and be warranted for at least two (2) years. Franchisee's activities (including work done at
Franchisee's direction or on its behalf) shall not damage or interfere with other franchises,
licenses, public or private utilities, or other structures, or the Franchise Area, and shall not
unreasonably interfere with public travel, park uses, other municipal uses, adjoining
property, and shall not endanger the safety of or injure persons and property. Franchisee's
Work shall comply with all applicable Laws.
9.13 Material and Installation Methods: As a condition of receiving the privilege to
Work within the Franchise Area, Franchisee shall assume full responsibility for using
materials and installation methods that are in full compliance with City standards and shall
verify this by the submittal of documentation of materials and testing reports when
22
ORDINANCE NO.
requested by Renton. All costs for performing on-site testing, such as compaction tests,
shall be borne by Franchisee.
9.14 Damage During Work: In case of any damage caused by Franchisee, or by
Franchisee's Facilities to Franchise Area, Franchisee agrees to repair the damage to
conditions that meet or exceed City standards, at its own cost and expense. Franchisee
shall, upon discovery of any such damage, immediately notify Renton per Section XXV.
Renton will inspect the damage, and set a time limit for completion of the repair. If Renton
discovers damage caused by Franchisee to the Franchise Area at any point in time, Renton
will give Franchisee notice of the damage and set a reasonable time limit in which
Franchisee must repair the damage. In the event Franchisee does not make the repair as
required in this section, Renton may repair the damage, to its satisfaction, at Franchisee's
sole expense, billed in accordance with subsections 5.7, 5.8, and 5.9.
9.15 Member of Locator Service: Franchisee shall continuously be a member ofthe
State of Washington one number locator service under RCW 19.122 (Underground Utilities)
oran approved equivalent,and shallcomplywith allapplicable Laws. Priorto doinganywork
in the Rights-of-Way, the Franchisee shall follow established procedures, including
contactingthe Utility Notification Center in Washington and complywith allapplicable State
statutes regarding the One Call Locator Service pursuant to Chapter 19.122 RCW. Further,
upon request, by the City or a third party, Franchisee shall locate its Facilities consistent
with the requirements of Chapter 19.122 RCW. The City shall not be liable for any damages
to Franchisee's Facilities or for interruptions in service to Franchisee's customers that are a
direct result of Franchisee's failure to locate its Facilities within the prescribed time limits
23
ORDINANCE NO.
and guidelines established by the One Call Locator Service regardless of whether the City
issued a permit.
9.16 Restoration Requirements: Franchisee shall, after Work on any of
Franchisee's Facilities within the Franchise Area, restore the surface of the Franchise Area
and any other property within the Franchise Area which may have been disturbed or
damaged by such Work.All restoration of Rights-of-Way, sidewalks and other improvements
or amenities shall conform to RMC 9-7 (Road, Bridge And Municipal Construction
Standards), RMC 9-10-11 (Trench Restoration And Street Overlay Requirements) and City of
Renton Standard Details in effect at that time, and must be warranted for at least two (2)
years. Restoration shall include all landscaping, irrigation systems and trees. Renton shall
have final approval of the condition of the Franchise Area after restoration pursuant to
applicable Laws, as they exist or may be amended or superseded, provided that such
provisions are not in conflict or inconsistent with the express terms and conditions of this
Franchise.
9.17 Surve� Monuments: All survey monuments which are disturbed or displaced
by Franchisee in its performance of any work under this Franchise shall be referenced and
restored by Franchisee, in accordance with WAC 332-120 (Survey Monuments—Removal or
Destruction), and other applicable Laws.
9.18 Failure to Restore: If it is determined that Franchisee has failed to restore the
Franchise Area in accord with this section, Renton shall provide Franchisee with written
notice including a description of actions Renton believes necessaryto restore the Franchise
Area. If Franchisee fails to restore the Franchise Area in accord with Renton's notice within
24
ORDINANCE NO.
thirty(30) days of that notice, or such other period of time as is mutually agreed, Renton, or
its authorized agent, may restore the Franchise Area at Franchisee's sole and complete
expense in accordance with subsections 5.7, 5.8, and 5.9. The failure by Franchisee to
complete such repairs shall be considered a breach of this Franchise and is subject to
remedies by the City pursuant to Section XVII of this Agreement.The privilege granted under
this section shall be in addition to others provided by this Franchise.
9.19 Separate Permit A�proval Needed For New Telecommunications Lines: The
limited privileges granted under this Franchise shall not convey any privilege to Franchisee
to install any new telecommunications lines or Facilities without Renton's express prior
written consent in the form of a permit(s) as provided for in this Section IX.
SECTION X. Coordination and Shared Excavations
10.1 Coordination: The Parties shall make reasonable efforts to coordinate any
Work that either Party may undertake within the Franchise Area to promote the orderly and
expeditious performance and completion of such Work, and to minimize any delay or
hindrance to any construction work undertaken by themselves or utilities within the
Franchise Area. At a minimum, such efforts shall include reasonable and diligent efforts to
keep the other Party and other utilities within the Franchise Areas informed of its intent to
undertake Workthrough regularlyscheduled meetings. Franchisee and Renton shallfurther
each exercise its best efforts to minimize any delay or hindrance to any construction work
either Party may undertake within the Franchise Area. Any associated costs caused by any
construction delays to Renton or to any contractor working for Renton due to Franchisee's
failure to submit and adhere to Franchisee's plans and schedule in relocating or installing
25
ORDINANCE NO.
Franchisee facilities shall be the sole responsibility of Franchisee. Franchisee shall, at
Renton's request, also attend construction meetings pertaining to performance of Work
within the Franchise Area and shall designate a contact person to attend such meetings.
10.2 Joint Use Trenches: If Franchisee or Renton shall cause excavations to be
made within the Franchise Area, the Party causing such excavation to be made shall afford
the other, upon receipt of a written request to do so, an opportunity to use such excavation,
provided that: (a) such joint use shall not unreasonably delay the work of the Party causing
the excavation to be made; and (b) such joint use shall be arranged and accomplished on
terms and conditions satisfactoryto both Parties.
10.3 Joint Use Policies: Concerningthe Franchise Area, duringthe Franchise Term,
Renton may adopt policies which encouragejoint use of utilityfacilities within the Franchise
Area. Franchisee shall cooperate with Renton and explore opportunities for joint use of the
Franchise Area utility facilities that are consistent with applicable Laws and prudent utility
practices.
SECTION XI. Hazardous Materials
11.1 Written A�proval Required: In maintaining its Facilities (including, without
limitation, vegetation management activities), Franchisee shall not apply any Hazardous
Substance, pesticide, herbicide, or other hazardous material within the Franchise Area
without prior written approval of Renton. Renton will not unreasonably withhold approval,
but such application must be in conformance to the aquifer protection regulations of Renton
then in place. If Franchisee shall first obtain Renton's approval to apply a specific product
in accordance with a defined procedure on an ongoing basis throughoutthe Franchise Area,
26
ORDINANCE NO.
it shall not thereafter be necessary for Franchisee to obtain Renton's approval on each
occasion such product is applied in accordance with such procedure unless such specified
product becomes subject to increased regulatory requirements or prohibitions. Franchisee
shall notify Renton of any accident by Franchisee involving Franchisee's use of Hazardous
Substances within the Franchise Area.
11.2 Release of Hazardous Substance:
a. Upon notice or discovery of a significant release of any Hazardous Substance
caused by Franchisee or expressly authorized by Franchisee to occur upon the
Franchise Area and Facilities covered by this Franchise, that does not constitute an
"emergency" subject to Section XII of this Agreement, Franchisee shall notify Renton
within twenty-four (24) hours of discovery.
b. If the encountered or suspected Hazardous Substances are not the result of
the acts or omissions of Franchisee, Renton shall, at its own expense, determine if
the material is hazardous, in accordance with applicable Laws.
i. If the material is found to be hazardous, Renton shall, at its own expense, if
possible remove, dispose, or otherwise handle such Hazardous Substances, as
necessary, in accordance with applicable Laws.
ii. If Hazardous Substances are removed, Renton also shall provide substitute
nonhazardous substance(s) to replace the removed substance for Franchisee to
use in its operation, if necessary.
27
ORDINANCE NO.
iii. Upon approval by Renton to proceed, Franchisee shall proceed with the
operations at its own cost, with no recourse against Renton for the cost of
schedule delays incurred due to the delay in operation.
c. If the encountered or suspected Hazardous Substances within the Franchise
Area are the result of Franchisee's acts or omissions, Renton's characterization of
the substances involved and any removal, disposal, or other handling costs incurred
in connection with the removal, disposal, or handling of the hazardous substances
will be at Franchisee's sole expense. Franchisee shall be solely responsible for any
expense or cost related to environmental mitigation requirements imposed, by
operation of applicable Laws or otherwise.
SECTION XII. Emergency Work—Extension of Time to Obtain Permit(s)
12.1 In the event of any emergency in which any of Franchisee's Facilities located
in the Rights-of-Way breaks, fall, becomes damaged, or if Franchisee's Facilities is
otherwise in such a condition as to immediately endanger the property, life, health or safety
of any person, entity or the City, Franchisee shall immediately take the proper emergency
measures to repair its Facilities, to cure or remedy the dangerous conditions for the
protection of property, life, health or safety of any person, entity or the City without first
applying for and obtaining a permit as required by this Franchise. (see also subsection 15.3
of this Agreement related to Emergency Relocation of Facilities in the event of an emergency
not related to Franchisee)
a. This clause 12.1 is not intended, and should not be construed, to relieve
Franchisee from the requirement of obtaining any permits necessary for this
28
ORDINANCE NO.
purpose, and Franchisee shall apply for all such permits not later than the next
succeeding day during which the Renton City Hall is open for business.
b. The City retains the right and privilege to cut, move or remove any Facilities
located within the Rights-of-Way of the City, as the City may determine to be
necessary, appropriate or useful in response to any public health or safety
emergency.
c. Franchisee shall provide all necessaryequipment and personnelto safely and
expeditiously repair its facilities and provide all necessary traffic control pursuant to
the most recent edition of the Manual on Uniform Traffic Control Devices (MUTCD) in
effect at the time of the emergency giving rise to the need.
12.2 Franchisee shall immediately and at the first possible time notify the City
according to Section XXV of this Agreement of any emergency or outage that affects, or is
expected to affect, any City customer or City access in any amount.
12.3 The City shall not be liable for any damage to or loss of Facilities within the
Rights-of-Way as a result of or in connection with any public works, public improvements,
construction, grading, excavation, filling, or work of any kind in the Rights-of-Way by or on
behalf of the City, except to the extent caused by the sole negligence or willful misconduct
of the City, its employees, contractors, or agents. The City shall further not be liable to
Franchisee for any direct, indirect, or any other such damages suffered by any person or
entity of any type as a direct or indirect result of the City's actions under this Section XII
except to the extent caused by the sole negligence or willful misconduct of the City, its
employees, contractors, or agents.
29
ORDINANCE NO.
12.4 Whenever the construction, installation or excavation of Facilities authorized
by this Franchise has caused or contributed to a condition that appears to substantially
impair the lateral support of the adjoining street or public place, or endangers the public, an
adjoiningpublic place, street,electricalortelecommunications utilities,Cityutilities,orCity
property, the Community and Economic Development Administrator or designee, may
direct Franchisee, at Franchisee's own expense, to take reasonable action to protect the
public, adjacent public places, City property or street utilities, and such action may include
compliance within a prescribed time. In the event that Franchisee fails or refuses to
promptly take the actions directed by the City, or fails to fully comply with such directions,
or if emergency conditions exist which require immediate action, before the City can timely
contact Franchisee to request Franchisee effect the immediate repair, the City may access
the Facilities and take such reasonable actions as are necessary to protect the public, the
adjacent streets, City utilities, or street, electrical or telecommunications utilities, or to
maintain the lateral support thereof, or reasonable actions regarded as necessary safety
precautions, and Franchisee shall be liable to the City for the costs thereof.
12.5 Public Service Obligations: Nothing in this section is intended, nor shall it be
construed, as a hindrance to Franchisee's abilityto take such actions as it deems necessary
to discharge its public service obligations in accordance with the laws of the State of
Washington.
12.6 Extraordinary Costs: Nothing in this section is intended, nor shall it be
construed, as preventing Renton from recovering from Franchisee, if otherwise so entitled
30
ORDINANCE NO.
in accordance with applicable Laws, any extraordinary costs in respondingto an emergency
situation involving Franchisee's Facilities.
SECTION XIII. Records of Installation
13.1 Future Construction Plans: Upon Renton's written request, Franchisee shall
provide to Renton copies of any plans prepared by Franchisee for potential improvements,
relocations and conversions to its Facilities within the Franchise Area; provided, however,
any such plans so submitted shall be for informational purposes only and shall not obligate
Franchisee to undertake any specific improvements within the Franchise Area, nor shall
such plan be construed as a proposal to undertake any specific improvements within the
Franchise Area.
13.2 As-Built Drawin�s: Following the initial construction and installation of
Facilities, Franchisee shall provide the Citywith accurate copies of as-built plans and maps
prepared by Franchisee's design and installation contractors. These plans and maps shall
be provided at no cost to the City, and shall include digital files in Autocad, or other industry
standard readable formats that are acceptable to the City and delivered electronically.
Further, Franchisee shall provide such maps within thirty(30) days following a request from
the City. Franchisee shall warrant the accuracy of the Franchisee's Facilities of all as-built
plans and maps provided to the City.
13.3 Within thirty(30)days of a written request from the Administrator or designee,
Franchisee shall furnish the City with information sufficient to demonstrate: 1) that
the Franchisee has complied with all applicable requirements of this Franchise; and
31
ORDINANCE NO.
2)that any and all utilitytaxes due to the City in connection with the Franchisee have
been paid.
13.4 All books, records, maps and other documents maintained by Franchisee
with respect to its Facilities within the Rights-of-Way shall be made available for
inspection by the City at reasonable times and intervals but no more than one time
per year or upon the City's good faith belief that there has been a violation of this
Franchise by Franchisee; provided, however, that nothing in this subsection 13.4
shall be construed to require Franchisee to violate state or federal law regarding
customer privacy, nor shall this subsection 13.4 be construed to require Franchisee
to disclose proprietary or confidential information without adequate safeguards for
its confidential or proprietary nature.
13.5 Franchisee shall not be required to disclose information that it reasonably
deems to be proprietary or confidential in nature; provided, however, Franchisee
shall disclose such information that is required under applicable law to comply with
a utility tax audit. Franchisee shall be responsible for clearly and conspicuously
identifying the work as confidential or proprietary and shall provide a brief written
explanation as to why such information is confidential and how it may be treated as
such under State or Federal law. In the event that the City receives a public records
request under Chapter 42.56 RCW or similar law for the disclosure of information
Franchisee has designated as confidential, trade secret, or proprietary,the City shall
promptly provide written notice of such disclosure so that Franchisee can take
appropriate steps to protect its interests.
32
ORDINANCE NO.
13.6 Disclosure to Third-Parties:
a. Nothing in subsections 13.4 and 13.5 prohibits the City from complying with
Chapter 42.56 RCW or any other applicable law or court order requiring the release
of public records, and the City shall not be liable to Franchisee for compliance with
any law or court order requiring the release of public records. The City shall comply
with any injunction or court order obtained by Franchisee that prohibits the
disclosure of any such confidential records; however, in the event a higher court
overturns such inunction or court order and such higher court action is or has
become final and non-appealable, Franchisee shall reimburse the City for any fines
or penalties imposed for failure to disclose such records as required hereunder
within sixty(60) days of a request from the City.
b. Disclosure to Third-Parties: Any drawings and/or information concerning the
location of Franchisee's Facilities provided by Franchisee shall be used by Renton
solely for management of the Franchise Area. Renton shall take all prudent steps
reasonably necessary to prevent unnecessary disclosure or dissemination of such
drawings, maps, records and/or information to any Third-Party without the prior
notice to Franchisee, unless the Third-Party is an authorized governmental entity of
any tier or a public records requestor. Renton will provide Franchisee with notice of
any public records request for Franchisee paperwork as soon as reasonably
practicable.
13.7 Design Locates: Upon Renton's written request, or in connection with the
design of any public works project, including any public utility whether provided by Renton
33
ORDINANCE NO.
or another utility district, Franchisee shall field verify and mark the location of its
underground Facilities within the Franchise Area
13.8 Utility Locates: Notwithstanding the foregoing, nothing in this section is
intended (nor shall be construed)to relieve either Party of their respective obligations arising
under applicable Laws with respect to determining the location of utility facilities.
SECTION XIV. Undergrounding of Facilities
14.1 Undergrounding Required for New Facilities: Pursuant to regulation under
RMC 4-6-090.0 (Applicability), as those regulations may be amended or revised, all new
Facilities installed within the Franchise Area during the term of this Franchise shall be
located underground, consistent with the RMC, unless it is unfeasible in Renton's
reasonable estimation for it to be done; provided that installation of wires, cables, conduits
and similar equipment will be permitted and installed pursuant to the provisions of any
applicable Laws, and subject to and accordance with any applicable Tariffs on file with the
WUTC. In areas where all existing telecommunications and cable facilities are located
above ground within a one (1) mile horizontal distance from all elements of the proposed
project, Franchisee may install its Facilities above ground. Any new Facilities to be located
above ground shall be placed on existing utility poles. No new utility poles shall be installed
in connection with placement of new above ground Facilities.
SECTION XV. Relocation of Franchisee Facilities
15.2 Relocation Required: Renton shall have prior and superior right to the use of
the Franchise Area for the construction, installation, maintenance replacement, expansion
and repair of its roadways, utilities, improvements and infrastructure, and capital
34
ORDINANCE NO.
improvement projects, and should any conflict arise with Renton facilities, Franchisee shall,
at its own cost and expense, conform to Renton's utilities, improvements and infrastructure
and capital improvement projects, provided that, whenever Renton or a partner agency
undertakes any public works improvementwithin the Franchise Area, and such public works
improvement necessitates the relocation of Franchisee's then existing Facilities within the
Franchise Area, Renton shall:
a. Provide Franchisee with reasonable prior notice of Renton's intent to initiate
a public works improvement, and if applicable, written notice requesting such
relocation; and
b. Provide Franchisee with copies of pertinent portions of Renton's plans and
specifications for such public works improvement.
c. Provide Franchisee with contact information for the designated City project
manager responsible for the public works improvement project for which all
communication pertaining to the project scope shall be coordinated with unless
directed otherwise by designee or otherwise required by this Franchise.
15.3 Franchisee Relocation Plans: Unless a longer period is specified by the City
project manager,within 60 days of receipt of such notice and such plans and specifications,
as identified in subsection 15.1, Franchisee shall:
a. Provide the City with a designated Franchisee project manager to be the sole
contact point for all communication pertaining to the project scope unless directed
otherwise by designee or required by this Franchise.
35
ORDINANCE NO.
b. Submit to the City's project manager the Franchisee plan drawings for the
relocation of the Franchisee Facilities in advance of the preparation of the City's final
plans and specifications for incorporation into the City's construction plans.
c. Submit to the City's project manager a proposed construction schedule for
review and approval. The City's project manager and Franchisee's project manager
shall coordinate the schedule in reasonable and good faith.
15.4 Franchisee Relocation Work:
a. City project manager shall provide Franchisee project manager a written
notice to proceed. The relocation completion date will be included in the City's
written request for said relocation to Franchisee.
b. To prevent delay to the City's project, upon receipt of notice per 15.3.a,
Franchisee shall complete the relocation work as per the schedule in 15.2.c, unless
otherwise agreed upon bythe City's project manager.
c. Franchisee shall relocate such Facilities within the Franchise Area at no
charge to the City, except that if the City pays for or reimburses the relocation costs
of another telecommunications utility, under materially identical circumstances, it
shall payfor or reimburse a proportionate share of Franchisee's relocation costs.The
relocation completion date will be included in the City's written request for said
relocation to Franchisee. Franchisee shall be solely responsible for any associated
cost caused by any construction delays to the City's project due to Franchisee's
failure to comply with Franchisee's plans and schedule in relocating or installing
Franchisee's Facilities in accordance with subsections 15.8 through 15.11.
36
ORDINANCE NO.
15.5 Emergency Relocation of Facilities: In the event an emergency posing a threat
to public safety or welfare that is not related to a release of hazardous materials or
substances requires the relocation of Franchisee's Facilities within the Franchise Area,
Renton shall give Franchisee notice of the emergency as soon as reasonably practicable.
Upon receipt of notice, Franchisee shall respond as soon as reasonably practicable to
relocate the affected Facilities, at Franchisee's sole expense. See also subsection 12.1 of
this Agreement.
15.6 Third-Party Construction: Whenever any person or entity, other than Renton
or its partner agency(ies) requires the relocation of Franchisee's Facilities to accommodate
the work of such person or entity within the Franchise Area; or, Renton requires any Third-
Party to undertake work (other than work undertaken at Renton's cost and expense) within
the Franchise Area and such work requires the relocation of Franchisee's Facilities within
the Franchise Area, Franchisee may condition such relocation to require such person or
entity to make payment to Franchisee, at a time and upon terms acceptable to Franchisee
for any and all costs and expenses incurred by Franchisee in the relocation of Franchisee's
Facilities.
15.7 Third-Party Construction of Public Utility Improvement Project:Any condition
or requirement imposed by Renton upon any Third-Party (including, without limitation, any
condition or requirement imposed pursuant to any contract or in conjunction with approvals
or permits obtained pursuant to any zoning, land use, construction or other development
regulation) which requires the relocation of Franchisee's Facilities within the Franchise
Area, then Franchisee shall relocate its Facilities; provided, however, in the event Renton
37
ORDINANCE NO.
reasonably determines and notifies Franchisee that the primary purpose of imposing such
condition or requirement upon such Third-Party is to cause or facilitate the construction of
a public works project to be undertaken within a segment of the Franchise Area on Renton's
behalf and consistent with Renton's Capital Investment Program or its Transportation
Improvement Program; or the Transportation Facilities Program, then only those costs and
expenses incurred by Franchisee in reconnecting such relocated Facilities with
Franchisee's other Facilities shall be paid to Franchisee by such Third-Party, and Franchisee
shall otherwise relocate its Facilities within such segment of the Franchise Area in
accordance with subsection 15.1.
15.8 Alternatives: As to any relocation of Franchisee's Facilities whereby the cost
and expense is to be borne by Franchisee, Franchisee may, after receipt of written notice
requesting such relocation, submit in writing to Renton alternatives to relocation of its
Facilities.
a. Upon Renton's receipt from Franchisee of such written alternatives, Renton
shall evaluate such alternatives and shall advise Franchisee in writing if one or more
of such alternatives are suitable to accommodate the work which would otherwise
necessitate relocation of Franchisee's Facilities.
b. In evaluating such alternatives, Renton shall give each alternative proposed
by Franchisee fair consideration with due regard to all facts and circumstances
which bear upon the practicality of relocation and alternatives to relocation. If
Renton determines that such alternatives are not appropriate, Franchisee shall
relocate its Facilities as provided in subsection 15.1.
38
ORDINANCE NO.
c. The City may seek reimbursement from Franchisee for all costs associated
with evaluation and implementation of proposed alternatives. Costs shall related to
implementation, but is not limited to, redesign, construction cost increases and any
contractor(s) change orders or claims for delays or damages. All costs shall be
reimbursed in accordance with subsections 5.7 through 5.9.
15.9 Non-Franchise Area: Nothing shall require Franchisee to bear any cost or
expense in connection with the location or relocation of any Facilities existing under benefit
of easement or other rights not arising under this Franchise.
15.10 Indemnity for Dela�[: Franchisee shall indemnify, hold harmless, and pay the
costs of defending Renton against any and all Third-Party actions, claims, damages,
liabilities, or suits for delays on Renton's construction projects arising from or caused by
Franchisee's failure to remove or relocate the Franchisee's Facilities installed or operated
under this Franchise in a timely manner, though Franchisee shall not be liable for damages
due to delays that were out of Franchisee's reasonable or expected control.
15.11 Contractor Delay Claims: If Franchisee breaches its obligations under
Chapter 19.122 RCW to properly locate its Facilities or breaches its obligations under this
section with respect to relocating its Facilities, and to the extent such breach causes a delay
in the work being undertaken bythe City of Renton's third party contractor(s)that result in a
claim by the third party contractor(s) for costs, expenses and/or damages that are directly
caused by such delay and are legally required to be paid by the City (each, a "Contractor
Delay Claim"), the City may at its sole option:
39
ORDINANCE NO.
a. Tender the Contractor Delay Claim to Franchisee for defense and
indemnification in accordance with subsection 15.10; or
b. Require that Franchisee reimburse the City for any such costs, expenses,
and/or damages that are legally required to be paid by the City to its third party
contractor(s) as a direct result of the Contractor Delay Claim; provided that, if the
City requires reimbursement by Franchisee under this subsection 15.8.b, the City
shall first give Franchisee written notice of the Contractor Delay Claim.
15.12 Failure to Remove or Relocate Facilities: If Franchisee fails, neglects, or
refuses to remove or relocate its Facilities as directed by the City following the
procedures outline in this Section XV,then after fifteen (15)days' notice to Franchisee,
the City may perform such work or cause it to be done, and the City's costs shall be
paid by Franchisee pursuant to subsections 5.7, 5.8, and 5.9.
15.13 Survival: The provisions of this Section XV shall survive the expiration or
termination of this Franchise during such time as Franchisee continues to have
Facilities in the Rights-of-Way.
SECTION XVI.Abandonment and Discontinuance of Franchisee's Facilities
16.1 Notification: Franchisee shall notify Renton of any abandonment or cessation
of use of any of its Facilities within sixty (60) days after such abandonment or cessation of
use. Franchisee shall notify the City in writing for such planned abandonment or cessation
and include a site plan showing all Facilities, including respective size and material type,
planned for abandonment or cessation. Any plan for abandonment or removal of
Franchisee's Facilities within the Franchise Area must be first approved in writing by the
40
ORDINANCE NO.
Administrator, or designee. Unless otherwise determined acceptable, for any Facility
Franchisee is authorized to abandon, the Franchisee shall remove all wire and associated
appurtenances. Franchisee covenants and agrees that for any request for abandonment or
cessation,the City may elect to take ownership of the Facilities. In such case the City elects
to take ownership of the Facilities, the City shall prepare a Bill of Sale (BOS) for Franchisee
to review and sign within thirty(30) days.
16.2 Removal: In the event of Franchisee's abandonment or permanent cessation
of use of any portion of its Facilities, or any portion of the Franchised Area, Franchisee shall,
within one hundred and twenty (120) days after the abandonment or permanent cessation
of use, remove the Facilities at Franchisee's sole expense. However, with Renton's express
written consent, Franchisee may, at Franchisee's sole cost and expense, secure the
Facilities in such a manner as to cause itto be as safe as is reasonably possible, by removing
all lines, conduits and appurtenances, in compliance with all Laws, and abandon them in
place, provided that any above ground Facilities shall be removed at Franchisee's sole
expense.
16.3 Restoration: In the event of the removal of all or any portion of the Facilities,
to the extent reasonably possible, Franchisee shall restore the Franchise Area in
accordance with the Trench Restoration and Street Overlay requirements as it exists or may
be amended. Such restoration work shall be done at Franchisee's sole cost and expense
and to Renton's reasonable satisfaction. If Franchisee fails to remove or secure the
Facilities and/or fails to restore the premises or take such other mutually agreed upon
action, Renton may, after reasonable notice to Franchisee, remove the Facilities, restore the
41
ORDINANCE NO.
premises or take such other action as is reasonably necessary at Franchisee's sole expense
and Renton shall not be liable for any damages, losses or injuries. This remedy shall not be
deemed to be exclusive and shall not prevent Renton from seeking a judicial order directing
Franchisee to remove its Facilities.
16.4 Administrative or Abandonment Fees: Renton's consent to Franchisee's
abandonment of Facilities in place shall not relieve Franchisee ofthe obligation and/or costs
to remove, alter or re-secure such Facilities in the future in the event it is reasonably
determined, as adjudged in Renton's sole discretion,that removal, alteration or re-securing
the Facilities is necessary or advisable for the health, safety, necessity and/or convenience
of the public, in which case Franchisee shall perform such work its sole expense.
16.5 Survival of Provisions: The Parties expressly agree that the provisions of this
section shall survive the termination, expiration, or revocation of this Franchise.
SECTION XVII. Termination,Violations, and Remedies
17.1 Termination: If either Party provides notice in accordance with Section XXV of
this Agreement that it does not wish to renew, extend and/or continue the Franchise, this
Franchise shall be terminated as of the expiration date described in Section IV.
17.2 Termination by Breach: If Franchisee materially breaches or otherwise fails to
perform, comply with any of the terms and conditions of this Franchise, or fails to maintain
any required license, permit or approval, and fails to cure such breach orfailure within thirty
(30) days of Renton providing Franchisee with written notice specifying with reasonable
particularity the nature of any such alleged breach or failure, or, if not reasonably capable
of being cured within thirty (30) days, within such other reasonable period of time as the
42
ORDINANCE NO.
Parties may agree upon, Renton mayterminate this Franchise,without any penalty, liability,
cost or damages.
17.3 City Council Termination: This Franchise shall not be terminated prior to the
expiration date of this Franchise except upon a majority vote of the City Council, after
reasonable notice to Franchisee (which notice shall be given at least thirty(30) days before
the hearing) and an opportunity to be heard, provided that if exigent circumstances
necessitate immediate termination, the hearing may be held as soon as possible after the
termination.
17.4 Discontinue Operations:
a. If the Franchise is terminated, Franchisee shall immediately discontinue
operation of Facilities through the Franchise Area.
b. In such circumstances, either Party may invoke the dispute resolution
provisions in Section XVIII. Alternatively, either Party may elect to seek relief directly
in the United States District Court for the Western District of Washington, in Seattle,
Washington, or in the King County Superior Court for the State of Washington at the
Maleng Regional Justice Center, Kent, Washington, in which case the dispute
resolution requirements shall not be applicable. Once Franchisee's privilege has
terminated, Franchisee shall comply with Franchise provision regarding removal
and/or abandonment of Facilities.
17.5 Renton Retains Right for Action: Renton's failure to exercise a particular
remedy at any time shall not waive Renton's right to terminate, assess penalties, or assert
any equitable or legal remedy for any future breach or default by Franchisee.
43
ORDINANCE NO.
17.6 Franchisee Liability and Obligation: Termination shall not release Franchisee
from any liability or obligation with respect to any matter occurring prior to such termination,
and shall not release Franchisee from any obligation to remove and secure its Facilities and
to restore the Franchise Area.
17.7 Injunctive Relief: The Parties acknowledge that the covenants set forth in this
Franchise are essential to this Franchise, and, but for the mutual agreements of the Parties
to comply with such covenants,the Parties would not have entered into this Franchise. The
Parties further acknowledge that they may not have an adequate remedy at law if the other
Partyviolates such covenant.Therefore,the Parties shall have the right to obtain in any court
of competent jurisdiction injunctive relief to restrain any breach or threatened breach, or to
specifically enforce any of the Franchise covenants should the other Party fail to perform
them.
17.8 Except as limited by Section XIX"Arbitration"�The City may elect,without any
prejudice to any of its other legal rights and remedies, to obtain an order from the superior
court having jurisdiction compelling Franchisee to comply with the provisions of the
Franchise and to recover damages and costs incurred by the City by reason of Franchisee's
failure to comply. In addition to any other remedy provided herein,the City reserves the right
to pursue any remedy to compel or force Franchisee and/or its successors and assigns to
comply with the terms hereof, and the pursuit of any right or remedy by the City shall not
prevent the City from thereafter declaring a forfeiture or revocation for breach of the
conditions herein. Provided, further, that by entering into this Franchise, it is not the
intention of the City or Franchisee to waive any other rights, remedies, or obligations as
44
ORDINANCE NO.
otherwise provided by law equity, or otherwise, and nothing contained here shall be deemed
or construed to effect any such waiver.
17.9 If Franchisee shall violate, or fail to comply with any of the provisions of this
Franchise, or should it fail to heed or comply with any notice given to Franchisee under the
provisions of this Franchise, the City shall provide Franchisee with written notice specifying
with reasonable particularity the nature of any such breach and Franchisee shall undertake
all commercially reasonable efforts to cure such breach within thirty(30) days of receipt of
notification. If the parties reasonably determine the breach cannot be cured within (30)thirty
days, the City may specify a longer cure period, and condition the extension of time on
Franchisee's submittal of a plan to cure the breach within the specified period,
commencement of work within the original thirty (30) day cure period, and diligent
prosecution of the work to completion. If the breach is not cured within the specified time,
or Franchisee does not complywith the specified conditions,the City may, at its discretion,
(1) revoke this Franchise with no further notification, or(2) claim compensatory damages of
two hundred fifty dollars ($250) per day or (3) pursue other remedies as described in
subsection 17.9 above. Liquidated damages described in this subsection 17.10 shall not be
offset against any sums due to the City as a tax or reimbursement pursuant to code or this
Franchise.
17.10 Non-Waiver: The Failure of the Cityto insist upon strict performance of any of
the covenants and agreements of this Franchise or to exercise any option herein conferred
in any one or more instances, shall not be construed to be a waiver or relinquishment of any
such covenants, agreements or option or any other covenants, agreements or option.
45
ORDINANCE NO.
SECTION XVIII. Dispute Resolution
18.1 Notice of Default: If there is any alleged default as to performance under this
Franchise, Renton shall notify Franchisee in writing, stating with reasonable specificity the
nature of the alleged default. Within ten (10) days of its receipt of such notice, Franchisee
shall provide a written response to Renton acknowledging receipt of notice and stating
Franchisee's response. Franchisee has thirty(30) days ("cure period") from the date of the
notice's mailingto:
a. Respond to Renton, contesting Renton's assertion(s) as to the dispute or any
alleged default and requesting a meeting in accordance with subsection 18.2; or
b. Cure the alleged default; or
c. Notify Renton if Franchisee cannot cure the alleged default within thirty (30)
days, due to the nature of the default. Notwithstanding such notice, Franchisee shall
promptly take all reasonable steps to begin to cure the alleged default and notify
Renton in writing and in detail as to the actions that Franchisee will take and the
projected completion date. In such case, Renton may set a meeting in accordance
with subsection 18.2.
18.2 Meetin : If any alleged default is not cured or if a subsection 18.1 meeting is
requested, Renton shall promptly schedule a meeting between the Parties to discuss the
alleged default. Renton shall notify Franchisee of the meeting in writing and the meeting
shall take place not less than ten (10) days after Franchisee's receipt of notice of the
meeting. Each Party shall appoint a representative who shall attend the meeting, represent
their party's interests, and who shall exercise good faith to reach an agreement on any
46
ORDINANCE NO.
alleged default and/or any corrective action to be taken. Any dispute (including any dispute
concerning the existence of or any corrective action to be taken to cure any alleged default)
that is not resolved within ten (10) days following the conclusion of the meeting shall be
referred by the Parties' representatives in writing to the Parties' senior management for
resolution. If senior management is unable to resolve the dispute within twenty(20) days of
referral (or such other period as the Parties may agree upon), each Party may pursue
resolution of the dispute through Section XIX, Arbitration, of this Franchise. All negotiations
pursuant to these procedures for the resolution of disputes shall be confidential and shall
be treated as compromise and settlement negotiations for purposes ofthe state and federal
rules of evidence.
18.3 Additional Resolution Options: If, at the conclusion of the steps provided for
in subsections 18.1 and 18.2 above, Renton and Franchisee are unable to settle the dispute
or agree upon the existence of a default or the corrective action to be taken to cure any
alleged default, Renton or Franchisee (as Franchisee may have authorityto do so) may:
a. Take any enforcement or corrective action provided for by Law, including the
city code; provided such action does not conflict with this Franchise's provisions;
and/or
b. Demand arbitration, pursuant to Section XIX below,for disputes arising out of
or related to Sections III, Grant of Franchise (or such other sections with respect to
the existence of conflicts or inconsistencies with the express terms and conditions
of this Franchise and any applicable Laws); XIII, Records of Installation; XIV,
Undergrounding of Facilities (except as preempted by WUTC authority); and XV,
47
ORDINANCE NO.
Relocation of Franchisee Facilities (excluding project delay claims exceeding thirty
thousand dollars ($30,000)) of this Franchise (the "Arbitration Claims"); and/or
c. By ordinance, declare an immediate forfeiture of this Franchise for a breach
or default of any material, non-Arbitration Claims, obligations under this Franchise;
and/or
d. Take any action to which it is entitled under this Franchise or any applicable
Laws.
18.4 Continuation of Obligations: Unless otherwise agreed by Renton and
Franchisee in writing, Renton and Franchisee shall, continue to perform their respective
obligations under this Franchise during the pendency of any dispute.
SECTION XIX.Arbitration
19.1 Rules and Procedures: The Parties agree that any dispute, controversy, or
claim arising out of or relating to Arbitration Claims, shall be referred for resolution to the
American Arbitration Association in accordance with the rules and procedures in force at
the time of the submission of a request for arbitration.
19.2 Discoverv:The arbitrators shall allow appropriate discoveryto facilitate a fair,
speedy and cost-effective resolution of the dispute(s). The arbitrators shall reference the
Washington State Rules of Civil Procedure then in effect in setting the scope and timing of
discovery. The Washington State Rules of Evidence shall apply. The arbitrators may enter a
default decision against any Party who fails to participate in the arbitration proceedings.
19.3 Compensatory Dama es: The arbitrators may award compensatory
damages., including consequential damages. Such damages may include, but shall not be
48
ORDINANCE NO.
limited to: all costs and expenses of materials, equipment,supplies, utilities, consumables,
goods and other items; all directly related costs and expenses of any staff; all costs and
direct expenses of any labor (including, but not limited to, labor of contractors of any tier);
all pre-arbitration costs and expenses of consultants, attorneys, accountants, professional
and other services, as outlined in subsection 19.5 below; and all taxes, insurance, interest
expenses, directly related overhead and general administrative costs and expenses, and
other costs and expenses of any kind incurred in connection with the dispute. The arbitrator
may award equitable relief in those circumstances where monetary damages would be
inadequate.
19.4 Award: Any award by the arbitrators shall be accompanied by a written
opinion setting forth the findings of fact and conclusions of law relied upon in reaching the
decision. The award rendered by the arbitrators shall be final, binding and non-appealable,
and judgment upon such award may be entered by any court of competentjurisdiction.
19.5 Each Party's Costs: Except as provided in subsection 19.7 below, see each
Party shall pay the fees of its own attorneys, expenses of witnesses, and all other expenses
and costs in connection with the presentation of such Party's case including, without
limitation, the cost of any records, transcripts or other things used by the Parties for the
arbitration, copies of any documents used in evidence, certified copies of any court,
property or city documents or records that are placed into evidence by a Party.
19.6 Arbitration Costs: Except as provided in subsection 19.7 below,the remaining
costs of the arbitration, includingwithout limitation,fees of the arbitrators, costs of records
49
ORDINANCE NO.
or transcripts prepared for the arbitrator's use in the arbitration, costs of producing the
arbitrator's decision and administrative fees shall be borne equally by the Parties.
19.7 Costs for Multiple Arbitrations: Notwithstanding the foregoing subsections
19.5 and 19.6, in the event either Party is found during the term of this Franchise to be the
prevailing party in anytwo(2) arbitration proceedings brought by such party pursuantto this
Section XIX, then such party shall be entitled to recover all reasonably incurred Costs,
including attorneys' fees, for any subsequent arbitration brought by them in which they are
found to be the prevailing party.
19.8 Transcript Costs: In the event a Party makes a copy of an arbitration
proceeding transcript for its use in writing a post-hearing brief, or an arbitration decision
copyto append to a lawsuit to reduce the award tojudgment, etc., then that Party shall
bear the cost, except to the extent such cost might be allowed by a court as court costs.
SECTION XX.Alternative Remedies
20.1 No provision of this Franchise shall be deemed to bar the right of Renton or
Franchisee to seek or obtain judicial relief from a violation of any Franchise provision or any
rule, regulation, requirement or directive promulgated for non-Arbitration Claims. Neither
the existence of other Franchise remedies nor the use of such remedies shall bar or limit the
right of Renton or Franchisee to recover monetary damages for violations by the other Party,
or to seek and obtain judicial enforcement of the other Party's obligations by means of
specific performance, injunctive relief or mandate, or any other remedy at law or in equity.
SECTION XXI.Amendments to Franchise
50
ORDINANCE NO.
21.1 This Franchise may only be amended by written instrument, signed by the
Parties, specifically stating that it is an amendment to this Franchise and is approved and
executed in accordance with State of Washington laws. Without limitation, and unless
required by any Laws, this Franchise shall govern and supersede and shall not be altered,
limited, supplemented or otherwise amended by any permit, approval, license, agreement
or other document required by or obtained from Renton in conjunction with Franchisee's
exercise or failure to exercise any and all benefits, privileges, obligations or duties in and
under this Franchise, unless such permit, approval, license, agreement or other document
specifically:
a. References this Franchise; and
b. States that it supersedes this Franchise to the extent it contains terms and
conditions which alter, limit, supplement or otherwise amend the terms and
conditions of this Franchise. In the event of any conflict or inconsistency between
the provisions of this Franchise and the provisions of any such permit, approval,
license, agreement or other document, except as expressly required by Laws and/or
superseded by such permit, approval, license, agreement or other document, the
Franchise provisions shall control.
SECTION XXII. Indemnification
22.1 Renton: In Sections XXII and XXIII, "Renton" means the City of Renton, and its
elected officials, agents, employees, officers, representatives, consultants (of any level),
and volunteers.
51
ORDINANCE NO.
22.2 Indemnification by Franchisee: Franchisee shall indemnify, defend, and hold
harmless Renton, from and against any and every Third-Party action, claim, cost, damage,
death, expense, harm, injury, liability, or loss of any kind, in law or in equity, to persons or
property, including reasonable attorneys' and experts'fees and/or costs incurred by Renton
in its defense, arising out of or related to, directly or indirectly, to Franchisee's Work or
abandonment of Facilities,orfrom the existence of Franchisee's Facilities,and the products
contained in, transferred through, any signals or emissions from the Facilities, released or
escaped from the Facilities, includingthe reasonable costs of assessingsuch damages and
any liability for costs of investigation, abatement, correction, cleanup, fines, penalties, or
other damages arising under any Laws, including, but not limited to, Environmental Laws,
and any action, claim, cost, damage, death, expense, harm, injury, liability, or loss, to
persons or property which is caused by, in whole or in part, and only to the extent of, the
willfully tortious or negligent acts or omissions of Franchisee or its agents, contractors of
any tier, employees, representatives or trainees related to Franchisee's granted Franchise
privileges. If any action or proceeding is brought against Renton by reason of Franchisee's
Facilities, Franchisee shall defend Renton at Franchisee's sole expense, provided that, for
uninsured actions or proceedings, defense attorneys shall be approved by Renton, which
approval shall not be unreasonably withheld. The terms of this section shall not require
Franchisee to indemnify Renton against and hold harmless Renton from claims, demands
or suits based upon Renton's negligent or willful conduct, and provided further that if the
claims or suits are caused by or resultfrom the concurrent negligence of(a)the Franchisee's
agents, officers, or employees and (b) Renton, this provision with respect to claims or suits
52
ORDINANCE NO.
based upon such concurrent negligence shall be valid and enforceable only to the extent of
Franchisee's negligence or the negligence of Franchisee's agents or employees except as
limited in this Franchise.
22.3 Environmental Indemnification: Franchisee shall indemnify, defend, and save
Renton harmless from and against any and every Third-Party action, claim, cost, damage,
death, expense, harm, injury, liability, or loss, either at law or in equity, to persons or
property, including, but not limited to, costs and reasonable attorneys' and experts' fees
incurred by Renton, arising directly or indirectly from: (a) Franchisee's breach of any
environmental Laws or Laws applicable to the Facilities, or (b) from any release of a
hazardous substance on or from the Facilities, or (c) other activity related to this Franchise
by Franchisee. This indemnity includes, but is not limited to, (a) liability for a governmental
agency's costs of removal or remedial action for Hazardous Substances; (b) damages to
natural resources caused by Hazardous Substances, including the reasonable costs of
assessing such damages; (c) liability for any other person's costs of responding to
Hazardous Substances; (d) liability for any investigation, abatement, correction, cleanup,
costs,fines, penalties, or other damages arising under any Laws; and (e)liabilityfor personal
injury, property damage, or economic loss arising under any statutory or common-law
theory or Laws.
22.4 Title 51 Waiver: Franchisee's indemnification obligations pursuant to this
section shall include assuming potential liability for actions brought by Franchisee's own
employees and the employees of Franchisee's agents, representatives, contractors of any
tier even though Franchisee might be immune under RCW Title 51 from direct suit brought
53
ORDINANCE NO.
by such employees. It is expressly agreed and understood that this assumption of potential
liabilityfor actions brought bythe aforementioned persons is limited solelyto claims against
Renton arising by virtue of Franchisee's exercise of the privileges set forth in this Franchise.
The obligations of Franchisee under this section have been mutually negotiated by the
Parties, and Franchisee acknowledges that Renton would not enter into this Franchise
without Franchisee's waiver of immunity. To the extent required to provide this
indemnification and this indemnification only, Franchisee waives its immunity underTitle 51
RCW as provided in RCW 4.24.115 (Validity of agreement to indemnify against liability for
negligence relative to construction, alteration, improvement, etc.,...).
22.5 Real Estate Indemnitv: Should a court of competent jurisdiction determine
that this Franchise is subject to RCW 4.24.115, (Validity of agreement to indemnify against
liability for negligence relative to construction, alteration, improvement, etc.,...), as it exists
or may be amended, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of
Franchisee, its officers, officials, employees, and volunteers and/or a contractor of any tier,
or Renton, its elected officials, officers, officials, employees, and volunteers, and or the
contractor,the party's liability shall be only to the extent of that party's negligence.
22.6 Notice: In the event any matter for which Renton intends to assert its rights
under this section is presented to or filed with Renton, Renton shall promptly attempt to
notify Franchisee in accordance with Section XXV of this Franchise, and Franchisee shall
have the privilege, at its election and at its sole costs and expense,to settle and compromise
such matter as it pertains to Franchisee's responsibility to indemnify, defend and hold
54
ORDINANCE NO.
harmless Renton. In the event any suit or action is started against Renton based upon any
such matter, Renton shall likewise promptly attempt to notify Franchisee, and Franchisee
shall have the privilege, at its election and at its sole cost and expense, to settle and
compromise such suit or action, or defend the same at its sole cost and expense, by
attorneys of its own election, as it pertains to Franchisee's responsibility to indemnify,
defend and hold harmless Renton. Franchisee's indemnification obligations do not apply to
the extent that Renton fails to provide attempt to notice in accordance with Section XXV of
this Franchise, and such failure materially prejudices Franchisee or the defense of an
action, claim, cost, damage, death, expense, harm, injury, liability, or loss of any kind.
22.7 Recovery of City Costs: In the event that Renton is required to defend a "suit
or action" and Franchisee refuses to defend and indemnify Renton, as referenced in
subsection 22.2 and Renton is determined to be without fault for the claim or demand giving
rise to such "suit or action," Franchisee shall reimburse Renton for a percentage of Renton's
total defense costs. The percentage of Renton's total defense costs to be reimbursed shall
be a percentage equal to the percentage (if any) of fault attributable to Franchisee for the
claim or demand giving rise to such "suit or action."
22.8 Survival: The provisions of this section shall survive the expiration or
termination of this Franchise if the basis for any such claim, demand, suit or action as
referenced in subsection 22.2 occurred during the Franchise term.
22.9 Negotiated: THE PARTIES HAVE SPECIFICALLY NEGOTIATED SECTION XXII,
INDEMNIFICATION.
SECTION XXIII. Insurance
55
ORDINANCE NO.
23.1 Insurance Required: Franchisee shall procure and maintain for the duration
of the Franchise, insurance, or provide evidence of self-insurance, against all claims for
injuries to persons or damages to property which may arise from or in connection with the
exercise of the privileges granted by Franchise to Franchisee. Franchisee shall provide to
Renton an insurance certificate, and/or a certificate of self-insurance, together with a
blanket additional insured endorsement on the general and automotive liability policies,
including Renton as an additional insured as their interest may appear under this Franchise
upon Franchisee's acceptance of this Franchise, and such insurance certificate shall
evidence the following coverages:
a. Commercial general liability insurance, including but not limited to, blanket
contractual, property damage, premises-operations, explosion, collapse and
hazard, underground hazard (XCU) and products completed hazard, with limits of
five million dollars ($5,000,000) for each occurrence for bodily injury and property
damage and five million dollars ($5,000,000) general aggregate;
b. Commercial automobile liabilitv for owned, non-owned and hired vehicles
with a combined single limit of three million dollars ($3,000,000) each accident for
bodily injury and property damage;
c. Worker's Compensation within statutory limits consistent with the Industrial
Insurance laws of the State of Washington; and
d. Pollution liabilitvwith a limit not less than one million dollars ($1,000,000) for
each occurrence, and two million dollars ($2,000,000) in the aggregate, for pollution
56
ORDINANCE NO.
condition arising out of or resulting from the use and occupancy of the premises and
the operations conducted thereon.
e. Limits may be satisfied by a single primary limit or by a combination of
separate primary and umbrella or excess liability policies, provided that coverage
under the latter shall be at least as broad as that afforded under the primary policy
and satisfy all other requirements applicable to liability insurance including but not
limited to additional insured status for Renton.
23.2 Deductibles: All deductibles shall be the sole responsibility of Franchisee.
The insurance certificate required by this section shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respect to the aggregate limits of the insurer's liability.
23.3 Additional Insured: Renton, its officers, officials, employees, and volunteers
shall be included as an additional insured as their interest may appear under this Franchise
on the commercial general liability and commercial automobile liability insurance, as
respects work performed by Franchisee and the blanket additional insured endorsement
shall be included with on the certificate of insurance or certification of self-insurance.
23.4 Primary Insurance: Franchisee's insurance shall be primary insurance with
respect to Renton. Any insurance maintained by Renton shall be in excess of Franchisee's
insurance and shall not contribute with it. Franchisee shall give Renton thirty(30) days prior
written notice by certified mail, return-receipt requested, of suspension, cancellation, or
material change in coverage.
57
ORDINANCE NO.
23.5 Cancellation: Upon receipt of notice from its insurer(s) Franchisee shall
provide the City of Renton with thirty (30) days prior written notice of cancellation. In the
event of cancellation or a decision not to renew, Franchisee shall obtain and furnish to
Renton evidence of replacement insurance policies meeting the requirements of this
section before the cancellation date.
23.6 Certificates and Endorsements: Franchisee shall furnish Renton with
certificates of insurance evidencing the coverage or self-insurance required by this section
upon acceptance of this Franchise. The certificates and blanket additional insured
endorsement shall be signed by a person authorized by the insurer to bind coverage on its
behalf and must be received and approved by Renton prior to the commencement of any
Work.
23.7 Separate Covera�e: Franchisee's insurance shall contain a clause statingthat
coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurer's liability.
23.8 Survival:The indemnity and insurance provisions underSections XXII and XXIII
shall survive the termination of this Franchise and shall continue for as long as Franchisee's
Facilities remain in or on the Franchise Area or untilthe Parties execute a new Franchise that
modifies or terminates these indemnity or insurance provisions.
SECTION XXIV. Discrimination Prohibited
24.1 In connection with this Franchise, including and not limited to all Work, hiring
and employment, neither Franchisee nor its employees, agents, contractor of any tier,
volunteers or representatives shall discriminate on the basis of race, color, sex, religion,
58
ORDINANCE NO.
nationality, creed, marital status, sexual orientation or preference, age (except minimum
age and retirement provisions), honorably discharged veteran or military status, or the
presence of any sensory, mental or physical handicap, unless based upon a bona fide
occupational qualification in relationship to hiring and employment, in employment or
application for employment or in the administration of the delivery of services or any other
benefits under this Franchise. Franchisee shall comply fully with all applicable Laws that
prohibit such discrimination. A copy of this language must be made a part of an agreement
with a contractor of any tier.
SECTION XXV. Notice
25.1 Whenever notice to or notification by any Party is required,that notice shall be
in writing and directed to the recipient at the address set forth below. Any notice or
information required or permitted to be given to the Parties underthis Franchise may be sent
to following Addresses unless otherwise specified:
CityAddress:
City of Renton
attn.: CED, development engineering, franchise permits
1055 S Grady Way
Renton,WA 98057
City Contact:
franchisepermits@rentonwa.gov
425.430.7240
City Public Works Improvement Project Contact:
As specified in subsection 15.1.c
Franchisee Address:
Intermountain Infrastructure Group, LLC
533 Airport Blvd., Suite 400
Burlingame, CA 94010
Attn: Legal Department
59
ORDINANCE NO.
Franchisee Permitting Contact:
permits@intermountainig.com
Franchisee Emergency Contact:
Intermountain Infrastructure Group, LLC Network Operations Center
1-800-444-9943
noc@intermountainig.com
25.2 If the date for making any payment or performing any act is a legal holiday,
payment may be made or the act performed on the next succeeding business day which is
not a legal holiday.
25.3 The Parties may change the address and representative by providing written
notice of such change by accepted e-mail or certified mail. All notices shall be deemed
complete upon actual receipt or refusal to accept delivery. Facsimile or a .pdf e-mailed
transmission of any signed original document and retransmission of any signed facsimile
transmission shall be the same as delivery of an original document.
SECTION XXVI. Miscellaneous
26.1 As Is: Franchisee agrees and accepts the Franchise Area in an "as is"
condition. Franchisee agrees that Renton has never made any representations, implied or
express warranties, or guarantees as to the suitability, security or safety of the location of
Franchisee's Facilities or the Franchise Area, or possible hazards or dangers arising from
other uses or users of the Franchise Area, Rights-of Way, Public Property, and Public Ways
including any use by Renton, the general public, or by other utilities. As to Renton and
Franchisee, Franchisee shall remain solely and separately liable for the Work, function,
testing, maintenance, replacement and/or repair of the Facilities or other activities
permitted by this Franchise.
60
ORDINANCE NO.
26.2 Assignees and Successors:This Franchise and all of the terms and provisions
shall be binding upon and inure to the benefit of the Parties' respective successors and
assignees.
26.3 Attorneys' Fees: Except as provided in Section XIX, if a suit or other action is
instituted in connection with any controversy arising out of this Franchise, the prevailing
party shall be entitled to recover all of its Costs, including such sum as the court mayjudge
as reasonable for attorneys' fees, costs, expenses and attorneys' fees upon appeal of any
judgment or ruling.
26.4 Conflicts: If there is a conflict between this and any previous Franchise
between the Parties, the terms of this Franchise shall supersede the terms of the previous
Franchise.
26.5 Contractors (of any tier�: Franchisee's contractors may act on Franchisee's
behalf to the extent that Franchisee permits its contractors to do so. Franchisee is
responsible for ensuring that Franchisee's contractors have every obligation, duty and
responsibility that Franchisee has in discharging its duties related to this Franchise.
Franchisee and Franchisee's contractors shall acquire and maintain a City of Renton
business license in accordance with RMC 5-5 as it exists or may be amended; Franchisee
shall acquire and maintain a business license during the duration of the Franchise while
contractors shall acquire and maintain a business license prior and duringthattime that any
permit is active.
26.6 Eminent Domain:This Franchise shall not preclude a governmental bodyfrom
acquiringthe Franchise Area by lawful condemnation, or Renton from acquiring any portion
61
ORDINANCE NO.
of the Facilities by lawful condemnation. In determining the Facilities'value, no value shall
be attributed to the right to occupythe Franchise Area.
26.7 Force Majeure: In the event that Franchisee is prevented or delayed in the
performance of any of its obligations under this Franchise by reason(s) beyond the
reasonable control of Franchisee, then Franchisee's performance shall be excused during
the Force Majeure occurrence. Upon removal or termination of the Force Majeure
occurrence Franchisee shall promptly perform the affected obligations in an orderly and
expedited manner under this Franchise or procure a substitute for such obligation or
performance that is satisfactory to Renton. Franchisee shall not be excused by mere
economic hardship or by misfeasance or malfeasance of its directors, officers or
employees. Events beyond Franchisee's reasonable control include, but are not limited to,
Acts of God, war, acts of domestic terrorism or violence, civil commotion, labor disputes,
strikes, earthquakes, fire, flood or other casualty, shortages of labor or materials,
government regulations or restrictions and extreme weather conditions. Franchisee shall
use all commercially reasonable efforts to eliminate or minimize any delay caused by a
Force Majeure event.
26.8 Forfeiture and Other Remedies: If Franchisee willfully violates or fails to
comply with any of the Franchise provisions, or through willful or unreasonable negligence
fails to heed or comply with any notice that Renton may give to Franchisee under the
Franchise provisions, at the election of the Renton City Council, this Franchise may be
revoked or annulled after a hearing held upon reasonable notice to Franchisee (which notice
62
ORDINANCE NO.
shall be given at least thirty (30) days before the hearing), and upon such revocation, all
privileges conferred under this Franchise shall be forfeited.
26.9 Franchisee's Acceptance: Renton may void this Franchise ordinance if
Franchisee fails to file its unconditional acceptance of this Franchise within thirty(30) days
from the final passage of same by the Renton City Council. Franchisee shall file this
acceptance with the City Clerk of the City of Renton.
26.10 Governing Law: This Franchise shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
26.11 Jurisdiction and Venue: Any lawsuit or legal action brought by any party to
enforce or interpret this Franchise or any of its terms or shall be in the United States District
Court for the Western District of Washington, in Seattle, Washington, or in the King County
Superior Court for the State of Washington at the Maleng Regional Justice Center, Kent,
Washington.
26.12 No Duty by Renton: This Franchise neither creates any duty by Renton nor any
of its elected officials, agents, employees or representatives, and no liability arises from any
action or inaction by Renton or any of its elected officials, agents, employees or
representatives in the exercise oftheir powers or authority. Renton is not required to inspect
or guarantee Franchisee's Work. This Franchise is not intended to acknowledge, create,
imply or expand any duty or liability of Renton with respect to any function in the exercise of
its police power or for any other purpose. Any duty that may be deemed to be created in
Renton bythis Franchise shall be deemed a dutyto the general public and not to any specific
party, group or entity.
63
ORDINANCE NO.
26.13 Notice of Tariff Changes: Franchisee shall, when making application for any
changes in Tariffs affecting the provisions of the Franchise, notify Renton in writing of the
application and provide Renton with a copy of the submitted application within five (5)
calendar days of filing with the WUTC. Franchisee shall further provide Renton with a copy
of any actual approved Tariff(s) affecting the provision of this Franchise.
26.14 Renton's Police Powers: Nothing in this Franchise shall diminish, or eliminate,
or be deemed to diminish or eliminate that governmental or police powers of Renton,
including the right to create new Laws or modify existing Laws.
26.15 Public Document/Public Disclosure: This Franchise will be considered a
public document and will be available for reasonable inspection and copying by the public
during regular business hours. This document may be disclosed pursuant to RCW 42.56
(Public Records Act).
26.16 Section Headin�s:The section headings in this Franchise are for convenience
only, and do not purport to and shall not be deemed to define, limit, or extend the scope or
intent of the section to which they pertain.
26.17 Severabilitv: In the event that a court or agency of competent jurisdiction
declares a material provision of this Franchise to be invalid, illegal or unenforceable, the
Parties shall negotiate in good faith and agree, to the maximum extent practicable in light of
such determination, to such amendments or modifications as are appropriate so as to give
effect to the intentions of the Parties. If severance from this Franchise of the particular
provision(s) determined to be invalid, illegal or unenforceable will fundamentally impair the
value of this Franchise, either Party may apply to the United States District Court for the
64
ORDINANCE NO.
Western District of Washington, in Seattle,Washington, or in the King CountySuperior Court
for the State of Washington at the Maleng Regional Justice Center, Kent, Washington to
reform or reconstitute the Franchise so as to recapture the original intent of said particular
provision(s). All other provisions of the Franchise shall remain in effect at all times during
which negotiations or a judicial action remains pending.
26.18 Survival: With respect only to matters arising during the period of time this
Franchise shall be in full force and effect, the Parties intend that any term or condition
applicable to such matters shall survive the expiration or termination of this Franchise to the
extent such survival can be reasonably inferred under the circumstances presented and to
the extent such an inference is necessaryto prevent substantial injustice to an injured party.
26.19 Third-Parties: The Parties do not create any obligation or liability, or promise
any performance to, any Third-Party, nor have the Parties created any Third-Party right to
enforce this Franchise beyond what is provided for by Laws. "Third-Parties" are any party
other than Renton and Franchisee. This Franchise shall not release or discharge any
obligation or liability of anyThird-Partyto either Party.
26.20 Time of the Essence: Whenever this Franchise sets forth a time for any act to
be performed, such time shall be deemed to be of the essence, and any failure to perform
within the allotted time may be considered a material violation of this Franchise.
SECTION XXVII. Effective Date
This ordinance shall be in full force and effect five (5) days after publication of a
summary of this ordinance in the City's official newspaper, and provided it has been duly
accepted by Franchisee.The summary shall consist of this ordinance's title.
65
ORDINANCE NO.
PASSED BYTHE CITYCOUNCILthis dayof _, 2026.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this day of , 2026.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, CityAttorney
Date of Publication:
ORD-CED:260RD016:05.28.2026
(MPK Temp(ate Approval 10.18.2025]
66
ORDINANCE N0.
UNCONDITIONAL ACCEPTANCE
The undersigned, Franchisee, accepts all the privileges of the above-granted franchise,
subject to all the terms, conditions, and obligations of this Franchise.
DATED: _ , 20
Intermountain Infrastructure Group, LLC
Jennifer Halsing
Director of Tax& Regulatory Affairs
67
ORDINANCE N0.
Attachment 1
i'�l � r .• ; r - � � ll � �i � �
J I
l � l �ir� �l `
' 1� 1`J � '�Y �• �1 � S J �
J
� `\J
� �
�
__ ��l\
� �
\ �
J � ,� S � � �
!�J
� o
�� l
� '
, _f-----�.1
\'� I'. � I1 SJJ1 f,�
.\
\
\
�\
r '� �
.1 � !. ,/�� � � �� I I -Lr-. _.._�
I �`
I.
;_ iri � � � !ir� � J
� Y
)
�
� /
i '
,� !� � I1 � ,
\( ..��� �
O '.,tn.r�ewnruon�no nwa se ao.W.a .,� Legend
� n��aI warranry n rry repnHerwMim N
� � .�.ny.MrMna7Mm�p4to��.�. •
� w,e.wm�p,m,,,cy City and Counry labeis
�,:.,�+a rrrrcnr+!ewtr.ne•.
,,aeF.,..<s•�.� ,.. . Cily and County Boundary
R.rowi
l�
rZ� � �an om�,w..i�.,
0 2.991 5.981 r�.,�
68
•
SUBJECT/TITLE: McLeodUSA Telecommunications Services, LLC Sublease
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Community & Economic Development
STAFF CONTACT: Nathan Janders
EXT.: 7382
. • . . �
There is no fiscal impact on the City by adopting the resolution.
� � � � �
McLeodUSA Telecommunications Services, LLC (McLeodUSA) holds a franchise granted by the City
under ordinance 5768 authorizing it to construct, operate and maintain telecommunications facilities
within the City's right-of-way. The ordinance allows McLeodUSA to lease facilities authorized by the
ordinance with the passage of a resolution by City Council. McLeodUSA has requested to sublease
their telecommunication facilities to Intermountain Infrastructure Group, LLC. Intermountain
Infrastructure Group, LLC has been granted a franchise and requested use of McLeodUSA's conduit.
� • � � •
Adopt the resolution authorizing McLeodUSA to lease their telecommunications facilities to Intermountain Infrastructure
Group, LLC within the City of Renton.
1
Docusign Envelope ID:4CEAB086-3699-4D7B-AAA4-904DDE8E6945
[�v WINDSTREAM
Todd Correll
Corporate Real Estate
Windstream
4005 N. Rodney Parham Road
Little Rock, AR 72212
June 23, 2025
Via Email
City of Renton
1055 S. Grandy Way
Renton, WA 98057
Attn: Nathan Janders
Re:
This letter is to serve as a written request for a resolution to franchise 5768 between McLeodUSA
Telecommunications Services, Inc. (Windstream) and the City of Renton, WA. McLeodUSA requests a
resolution to franchise 5768 to authorize McLeodUSA to sublease the franchise to Intermountain
Infrastructure Group (IGG).
Please don't hesitate to contact Bryan Bogan for any questions or additional information.
Thank you for your consideration.
McLeod USA Telecommunications Services, LLC
DocuSigned by:
��� 1N���^^�
Todd C°orre�j4a3'S°
Cc: Bryan Bogan
Kelley Langdon
Sr. Director of Real Estate
Sensitivity:Internal
�� WINDSTREAM
July 2, 2025
Via Email (NJanders@Rentonwa.gou)
City of Renton
1055 S. Grandy Way
Renton,WA 9805�
Attn: Nathan Janders
RE: Request for Resolution to Franchise 56�8
Mr. Janders,
I am reaching out to clarify McLeodUSA's previous letter to the City of Renton that
was sent on June 23, 2025, regarding the request for a resolution to franchise 5768. Our
June 23 letter mentions that the request is to sublease the franchise to Intermountain
Infrastructure Group (IGG), but it lacked to mention that the sublease to IGG is to be
limited in scope.
McLeodUSA intends to retain and utilize franchise 5768 with the City of Renton.
The request for a resolution to franchise 5768 is to ask for the City of Renton's consent to
sublease one(i)of McLeodUSA's conduits to IGG under franchise 5768. McLeodUSA will
retain and utilize the overarching franchise with the City of Renton.
Please don't hesitate to contact me with any questions or additional information.
Thank you for your consideration.
\
�
Daniel J. King
Senior Counsel
D aniel.King @win dstre am.com
Sensitivity:Internal
CITY OF RENTON,WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING
INTERMOUNTAIN INFRASTRUCTURE GROUP TO LOCATE WITHIN
MCLEODUSA INFRASTRUCTURE LOCATED IN THE CITY'S RIGHTS-OF-
WAY, PURSUANT TO CITY OF RENTON ORDINANCE NO. 6193 AND
ORDINANCE NO. 5768, SUBJECTTO CONDITIONS.
WHEREAS, Intermountain Infrastructure Group, LLC ("Intermountain") has been
granted a franchise by the City of Renton pursuant to City of Renton Ordinance No. 6193,
authorizing it to construct, operate, and maintain telecommunications facilities within the
City's right-of-way; and
WHEREAS, McLeodUSA Telecommunications Services, LLC ("McLeodUSA") holds
a franchise granted by the City of Renton under Ordinance No. 5768, authorizing it to
construct, operate, and maintain telecommunications facilities within the City's right-of-
way. Intermountain has requested authorization from the City to locate its
telecommunications facilities within McLeodUSA's conduits and other infrastructure
located in the City's right-of-way; and
WHEREAS, such co-location may promote efficient use of the City's rights-of-way
and reduce unnecessary excavation and disruption to the public; and
WHEREAS, the City desires to allow such co-location, provided that both
Intermountain and McLeodUSA maintain current and valid franchise agreements with the
City and comply with all applicable laws, regulations, and franchise requirements;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,
DO RESOLVE AS FOLLOWS:
1
RESOLUTION N0.
SECTION I. Intermountain Infrastructure Group is hereby authorized to locate its
telecommunications facilities within McLeodUSA's conduits and other infrastructure within
the City of Renton rights-of-way, as permitted under City of Renton Franchise Agreement
Ordinance No. 5768. All work performed under this authorization shall remain subject to
applicable City permitting, inspection, and right-of-way management requirements.
SECTION II. The authorization granted in Section I is subject to the following terms
and conditions intended to protect the public interest, ensure proper management of the
City's rights-of-way, and maintain compliance with the City's franchise requirements:
A. Franchise Compliance. Intermountain and McLeodUSA shall each hold and
continuously maintain valid and effective franchise agreements with the City of
Renton, in full compliance and good standing as determined by the City.
B. Termination. This authorization shall automatically terminate upon
expiration, revocation, or termination of either franchise agreement, as determined
by the City. Upon notice from the City, Intermountain shall promptly remove its
facilities in accordance with subsection II.C.
C. Removal of Facilities. Upon termination or expiration of either franchise, all
Intermountain facilities located within McLeodUSA infrastructure in the City's right-
of-way shall be removed in accordance with the applicable terms of their respective
franchise agreements.
D. Limitation of City Responsibility. Nothing in this Resolution shall be construed
as creating any obligation or liability of the City with respect to any private agreement
2
RESOLUTION N0.
between Intermountain and McLeodUSA, nor shall it confer any right of access to
Intermountain independent of such agreement.
SECTION III. Both parties shall comply with all applicable provisions of their
franchise agreements, Renton Municipal Code, and any other applicable local, state, or
federal laws governing use of the public right-of-way.
SECTION IV. Nothing in this Resolution shall be construed as a waiver of any right,
privilege, or authority of the City under any existing franchise, ordinance, or law.
PASSED BYTHE CITYCOUNCILthis dayof , 2026.
Jason A. Seth, City Clerk
APPROVED BYTHE MAYOR this day of , 2026.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, CityAttorney
RES-CED:26RES021:05.27.2026
3
• � I •
SUBJECT/TITLE: Agreement for Professional Services with Otak, Inc. For the
Design of the 116t" Ave SE and Edmonds Way SE AC Water
Main Replacement Project.
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Public Works
STAFF CONTACT: Jeremy Valdez, Water Utility Project Manager
EXT.: 5172
.
Funding for the agreement in the total amount of$222,267 is available from the following sources:
• $200,040 from the approved 2026 Water Utility Capital Improvement Program budget for
Steel/AC Water Main Replacement (account no. 425.455170).
• $22,227 from the approved 2026 Surface Water Utility Capital Improvement Program for
Small- Scale Stormwater Projects (account no. 427.475015).
There is sufficient remaining budget in each of the accounts to fund the agreement.
� - • •
The 116th Ave SE and Edmonds Way SE AC Water Main Replacement Project include the
replacement of approximately 2,800 feet of aging 4-inch and 6-inch asbestos-cement (AC) water
mains with new 8-inch ductile iron pipe. The project also includes the installation of six fire hydrants,
replacement of 39 water service lines, three connections to existing water mains, in-kind replacement
of 315 feet of concrete storm pipe that has partially collapsed, and restoration of roadways and
private properties affected by construction.
Replacement of aging AC water mains within the City's water distribution system has been identified
as a priority in both past and current Water System Plans. Many of the existing water mains were
installed in the 1950s and have reached the end of their useful life. Replacing these mains will
improve fire flow capacity, enhance drinking water quality, and reduce the risk of pipe failures,
unplanned service interruptions, and potential property damage.
In 2025, the Water Utility solicited proposals from six qualified engineering firms through the
Municipal Research and Services Center (MRSC) Consultant Roster for two projects: the NE 24th St
and NE 16th St AC Water Main Replacement and Sidewalk Improvements Project, and the 116th
Ave SE and Edmonds Way SE AC Water Main Replacement Project. Following a qualifications-
based review process, the city selected the two highest-ranked firms to provide engineering design
services.
Kimley-Horn Associates was selected for the NE 24th St and NE 16th St AC Water Main
Replacement and Sidewalk Improvements Project, and Otak, Inc. was selected for the 116th Ave SE
and Edmonds Way SE AC Water Main Replacement Project. Otak was selected based on its
extensive experience delivering similar water infrastructure projects for the cities of Bellingham,
Auburn, Mercer Island, and Edmonds.
The proposed agreement with Otak includes engineering design, bidding assistance, and
construction support services for the project. Under the agreement, Otak will:
Perform site surveying of existing utilities and improvements within the public rights-of-way to prepare
base maps.
• Develop 30%, 60%, 90%, and final design plans.
• Prepare bid-ready plans and specifications for project bidding.
• Provide bidding support services, including responding to contractor inquiries during the
bidding period.
� • � � •
Authorize the Mayor and City Clerk to execute an agreement with Otak, Inc. in the amount of
$222,267 for the design, bidding, and construction support services of 116th Ave SE and Edmonds
Way SE AC Water Main Replacement Project.
v �
�
AGREEMENT FOR 116TH AVE SE AND EDMONDS WAY SE
ASBESTOS CEMENT (AC) WATER MAIN REPLACEMENT
THIS AGREEMENT, dated for reference purposes only as June 15, 2026, is by and between the
City of Renton (the "City"), a Washington municipal corporation, and Otak Inc ("Consultant"), a
Washington Corporation. The City and the Consultant are referred to collectively in this
Agreement as the "Parties." Once fully executed by the Parties, this Agreement is effective as of
the last date signed by both parties.
1. Scope of Work: Consultant agrees to provide consulting, design, bidding and construction
support services as specified in Exhibit A, which is attached and incorporated herein and
may hereinafter be referred to as the "Work."
2. Chan�es in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions,deletions or modifications.Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit B or as otherwise mutually
agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit C. All Work shall be performed by no later
than June 30, 2027.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $222,267.00, plus any applicable state and local sales
taxes. Compensation shall be paid based upon Work actually performed according to
the rate(s) or amounts specified in Exhibit B.The Consultant agrees that any hourly or
flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless
otherwise agreed to in writing or provided in Exhibit B. Except as specifically provided
herein, the Consultant shall be solely responsible for payment of any taxes imposed
as a result of the performance and payment of this Agreement.
B. Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed,the Consultant shall submit a voucher or invoice in a form
specified by the City, including a description of what Work has been performed, the
name of the personnel performing such Work, and any hourly labor charge rate for
such personnel. The Consultant shall also submit a final bill upon completion of all
Work. Payment shall be made by the City for Work performed within thirty (30)
calendar days after receipt and approval by the appropriate City representative of the
voucher or invoice. If the Consultant's performance does not meet the requirements
of this Agreement, the Consultant will correct or modify its performance to comply
with the Agreement.The City may withhold payment for work that does not meet the
requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10)calendar days' notice to the Consultant in writing. In the event
of such termination or suspension, all finished or unfinished documents,data, studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B. In the event this Agreement is terminated by the City,the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
6. Warranties And Ri�ht To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
��
�
PAGE Z OF ZO
workmanlike manner and in accordance with all reasonable and professional standards
and laws. Compliance with professional standards includes, as applicable, performing the
Work in compliance with applicable City standards or guidelines (e.g. design criteria and
Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall
certify engineering plans, specifications, plats, and reports, as applicable, pursuant to
RCW 18.43.070. Consultant further represents and warrants that all final work product
created for and delivered to the City pursuant to this Agreement shall be the original work
of the Consultant and free from any intellectual property encumbrance which would
restrict the City from using the work product. Consultant grants to the City a non-
exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and
display all final work product produced pursuant to this Agreement. The City's or other's
adaptation, modification or use of the final work products other than for the purposes of
this Agreement shall be without liability to the Consultant. The provisions of this section
shall survive the expiration or termination of this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/orto comply with the Washington State Public Records Act
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant's own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys' fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of this Agreement.
��
�
PAGE 3 OF ZO
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement.The nature of the relationship between the Consultant and the City
during the period of the Work shall be that of an independent contractor, not
employee.The Consultant, not the City, shall have the power to control and direct the
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual,the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant's failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney's or attorneys' fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant, except for that portion of the claims caused by
the City's sole negligence.
Should a court of competentjurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction,alteration, improvement,etc., of structure or improvement attached to real
estate...) then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
��
�
PAG E 4 O F 1 O
Consultant and the City, its officers, officials, employees and volunteers, Consultant's
liability shall be only to the extent of Consultant's negligence.
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant's waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City's Code of Ethics and state law,the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant's performance of the Work.
12. City of Renton Business License: Unless exempted by the Renton Municipal Code,
Consultant shall obtain a City of Renton Business License prior to performing any Work
and maintain the business license in good standing throughout the term of this
agreement with the City.
Information regarding acquiring a city business license can be found at:
https://www.rentonwa.�ov/Tax
Information regarding State business licensing requirements can be found at:
https://dor.wa.gov/doing-business/register-my-business
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers' compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
��
�
PAGE$OF ZO
D. Commercial Automobile Liabilityfor owned, leased, hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
limit, if there will be any use of Consultant's vehicles on the City's Premises by or on
behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City's insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City's
recourse to any remedy available at law or in equity.
F. Subject to the City's review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G. Consultant shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
14. Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant's reasonable control. When such delays beyond the Consultant's reasonable
control occur,the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
15. Successors and Assi�ns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service.Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
CITY OF RENTON CONSULTANT
Jeremy Valdez Mark Cole, PE
1055 South Grady Way 11241 Willows Road NE, STE 200
Renton, WA 98057 Redmond, WA 98052
Phone: (206)200-5172 Phone: (425) 739-7964
jvaldez@rentonwa.gov mark.cole@otak.com
Fax: (425) 430-7241
��
�
PAGE 6 OF ZO
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A. Consultant, and Consultant's agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement's non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton
Council Resolution Number 4085.
18. Miscellaneous: The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform
��
�
PAGE�OF ZO
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision of
Work called for in this Agreement.
F. Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Consultant is responsible for his/her own Worker's Compensation coverage as well as
that for any persons employed by the Consultant.
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Mana�ement. The City's project manager is Jeremy
Valdez. In providing Work, Consultant shall coordinate with the City's contract
manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governin� Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant's employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Draftin� Effort.This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
��
�
PAGE$OF ZO
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor. Consultant
hereby expressly consents to the personal and exclusive jurisdiction and venue of
such court even if Consultant is a foreign corporation not registered with the State of
Washington.
H. Severability. A court of competent jurisdiction's determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire A�reement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant's performance of
this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
L. Bindin� Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Consultant from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
��
�
PAG E 9 O F 1 O
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON CONSULTANT
By: By:
Armando Pavone Nico Vanderhorst
Mayor Principal
Date Date
Attest
Jason A. Seth
City Clerk
Approved as to Legal Form
By:
Cheryl L. Beyer
Sr. Assistant City Attorney
Contract Template Updated 5/21/2021
c,}
�
PAGE 1O OF ZO
Scope of Services
Otak
�i►
EXHIBIT A
City of Renton
116th Avenue SE and Edmonds Way SE
Asbestos Cement(AC) Water Main Replacement
Project#
Otak Project No. 22800
May 5, 2026
The following scope of services is to provide professional services for design and construction plan
preparation for the 116th Avenue SE and Edmonds Way SE AC Water Main Replacement project for
the City of Renton (Client).
Project Background and Description
The Client has a need to replace existing older, under-sized 6-inch and 4-inch AC water mains with new
Ductile Iron Pipe (DIP)within an area of 116th Avenue SE, generally bounded by Puget Drive SE to the
north and SE 157th Street to the south. The anticipated schedule is to have the design completed for
constructing the water line in early 2027.
Project components and specific limits include:
■ 116th Avenue SE/Puget Drive SE: Replace approximately 1,400 LF existing 6-inch AC water main with
8-inch DIP between SE 157th Street and Puget Drive SE, including an 8-inch connection at SE 157th
Street; a 12-inch connection at Puget Drive SE; and replacement of two (2) existing hydrants, nine (9)
residential services, and one (1) irrigation service within the water main replacement limits. Abandon
200 LF of existing 6-inch AC line from Puget Drive SE to Beacon Way S, one (1) existing irrigation
service along line to be abandoned, and replacement of one (1) existing fire hydrant to be installed
along existing 12-inch cast iron (CI) line along Puget Drive SE.
■ Edmonds Way SE: Replace approximately 1,200 LF existing 6-inch AC water main (dead-end)with
8-inch DIP (dead-end) between SE 157th Street and 116th Avenue SE, including an 8-inch connection
between 1816 and 1824 Edmonds Way SE, connection to the proposed new 8-inch main in
116th Avenue SE, and replacement of three (3) existing hydrants and twenty-four(24)customer
services within the water main replacement limits. Also included is replacing approximately 315 LF
of existing 12-inch concrete stormwater pipe (located on the east side and running northerly from an
existing catch basin at SE Edmonds Court)with new 12-inch stormwater pipe to city standards.
■ SE Edmonds Court(cul-de-sac): Replace approximately 200 LF existing 4-inch AC water main
with 8-inch DIP, including connection to the proposed new 8-inch main in Edmonds Way SE, and
replacement of four(4) existing customer services within the water main replacement limits.
■ Beacon Wav SE/Roval Hills Drive SE intersection: Replace approximately 100 LF existing 8-inch steel
water main within the intersection with new 12-inch DIP and relocate its connection to the existing
12-inch line on the north side of Royal Hills Drive SE. Abandon an existing 4-inch CI line connected
to the 6-inch AC water main in 116th Avenue SE that terminates on the north side of the intersection,
including re-connecting an existing irrigation service (currently on the existing 4-inch)with a new
service line and connection to the Beacon Way SE 8-inch main.
11241 Willows Road NE, Suite 200 � Redmond, WA 98052 � Phone 425.822.4446 � otak.com
o:Iproject122800122800109 corporatelcontractslexhibita_scope 116th ave se water line_22800.docx
Scope of Services
continued
•r�ooN xo'nr.;o,Trr �'
t'� �� :i� _ � � 2632 .,� :�...
]p-��� 1 W ANO REPL EX F�RE � - �. _ \ •���qpg . �,,T
71` 9f.l�l- TI I n;CY!�IF� .v�� ��' ` �-..gl�_ . '� ) .
f '� �j ' �����r - �
.��.hi i � , u �. 3R _/
``^�, i i •�' . ��o�a ze`� , r sao� s� • -,
i � .. �.,� �,�ti�ir.�nk� `� /!,�y ''t
`b.,I— �/ �_
�r tsoz i � � �' . . wr�
� � , a.'.x �s a� 7 .,r1 .2ti09 -�_: _ 270� .
t .�_ , �./! �� . � � ���.� - ,�. .
� s ,,
� � ..
� `� " `I� 1�r ;�,. 9 ��'''6 ,�g�� .�r:�� *'f!• z�o, '' :.y,+r;a�a
�.:�,�v�,. '��`��� � �*.t��soa .`\ -�� `��zs';7 �262?�r1�3' / ��'>
,,,� � � �;.-�fh ��- ' �� .��: - . \ ','�«� .�. �'�. ���' ' �20
1 ` � �, , ` �� � �'`.:+.�'.
'y Y ` •.4 y�k� - �i. 509 . , r � -� � �.� ���r/..x1+' � '�����v , �
-_ . .� ` .�� �k''Jk � " � ~� -� � (�r.. �71z�t
• � \ �+�'� �� .AI��hF'HUJF.,'RFI. . 1: - •` .
. . . �S` �.,w�O 7�,y..� :_-1517\�i ;021G s � � Z;04 �
�7T:4[�Trtd'3 ���` ` t ,. �soz �tlt c� � �. zs�a zszs ,s t 'a'
xy� '�a,� � �;.�_ � . � t�. �lp t�.. `��
'`$c`��i„x,�r.-;� '.'.`,q _ -s, .,'A . . . ��1CC?TG EX ts'.-:7- . .. � .
a
� �3�� i �� �..., , ,,�,. _.. .. _ .. .
,,� 9 b1AIN I
' �� .. . � i - //��� .�FR`,��I, r
� �X �... � ��� 2707.
r.\ �'� i•
�' +,51a,.� �. 25ya� �-. �� - z �`�' �..,. �;`
y`>. '" - - .,�'.� ��'4a 7�-� .�•` �- ` ,>.'C .N[X' �_ ___ i 2615��:/ . �..��0���•'��.
�2d01'•. _ , �. �� ���I��.. � .. .I I I,r.1AIN �I � ,�., �•
� y �: �'�y.A�.2512 '- i 2G"1 �.(� �'
� '9'..� 3�qa��:.. � „ 'T � �j , ' 'F` '� .
.�I� �� :.� ��YJ r' vf.n'�NExa�C ;rA7C� 1'�.��'' T� �*^./ t6a7'.,�,o.�
�..
. .it*il� . ' '� �� � . � .. � �ECONNECf t I-�: ,w�..r��;"M
� � � 1 IONIdFTFF�\�, F-���I�� �/ ���6
a' l�W l2"C11 WAT�F 6'1� � � � � �1609
� .. - ,�1E0� ,
w'`7f ( i � I� �CTMC FROM TatC �r. - t-.
y .. ��1'� t �'` �.,754� ., .�;I'I�' I .. `'r� -�jM'�
�. :l �.. J
�";�,► _ " ' ieaa ���j
i.,. - � � ��508 � ' �, �/}�. 1608'N . M''. ;( 4'. ' ♦ a. g-
� �• �' � �,� .' , �!:�60- �.. �`isa��/ ,�.
•". �;,, � �/' / � , .`
P ;+� 4 '
- �t . �7 � f.... �" /+,� t 1616 J- I �� ��i, i.% �� �'.
�., t[ • � • `�`j��` J', `� s�t`A �Cvj •isoa a�•.
�� C . 25�1�t.:: '�C�..4� /162`a - �� i,�4 .. ' /
- /%, ' , y��:'.
�AGANGUN�aEFLACE , �h� � � � �� . �\�/' ��'.gl�.,I 1.���+ . •.?161.�
APPRO%IMATELV?400 LF OF }y�'��" ` ' ��
F.XISTING 6"AC WATER MAIN, ' '>.��X�� � �.1616� .._ � R ,:�70'.7 '�` :• � • ��, �
INSTALL[D IN 1987 PER WATER �� �•E�` � ��
PROJECT REF W-0305 � �, f�� y �/ � ' s,.,��' \�� ��-r ��� �1633 % �����.�
33 EX DOMFSTiC WATER SERV�� � .n' �i62a• l � ' .� �i�..r:� ���.i �,
1 EX IRfiIGATION SERVICES,MI. . , C� '�. -� �� 1 ' � �639
�1�33` r�. , � .� ... ��..,
Cx����CllrC 1RT5 '+. "'�� � �� , - �( / .
�:... �C `700� � . '��� 1 700 � �+a 1��9�♦
� . u� �.~ \ l I� � .� 3D � .
� ,,�' '' ` �
''� ` ., 1 x•- a ' ,,�a, ` .'. . ,,o� r� � ''!�"'�' ;��'- e
- •� , i�sso�3us � � � •.��� '. �� r� ��7�a �. ��� .
, ' _,i����o�� � y/ � - � .��
���` +�4,� � . - n i s /
`� � � �r �,r� r � _T°I'.s� '� �. � ' ��` �" .�'�F� °'
'��.� ��q ! r •; � •�17��;./ �/: � � - ��Y•� / .� �i��i
� "�I � � ' '�.�,...� . . I,f•.�V24 l�" �.��p.1 ��YC
` � t:•.I� � ,�q r �[e . _�7. J��/ 'I t ,y����%"
j�F..".' �k..�� �.i r M,� 155 "-".'�.'.�R" , M�'• �/� � � %- .� ,
.�C�,` .,.
� �yY � �� 't`�.. 1 25 y�'.�, � �732 `.-. �r ��� �.c
� 15509 , y+�} � . . J ... � ,. � , •I
✓ ' i
��1�� ' J WL 155 i. . . .� , .. ' .
�"'.>, . +IF� �' ..�. } � 1500 ' ,� , ,�y
�740.
i �..At'L
,�
�,u,, . ��F ��v.t-__$.e.. °4.'�"�'� •zsoa '�� ; a/i �" � /
S � � � �°' ��ua
�; T`� �s'!z�: ��� ,� ` ./ �' ;�
...,�,��.'�1 �, .'t � � °� ` , `-w �yQ'�b' ��'.r:;�j� <�� ' �ieis �
� �;;" a � �,�� r� a 2soo (�y 2soey�„
..� d .a,$° Y^ ,. rr .�f� j"1561C f - +5... 4��f/ r� "I� ` , f ��.~�'5�..� �.
,��; x'R :. ;.�,. .., ��i�, �..�i ' � 'r_ �.. fb lsoe . ' i,�iaza '� F-
,n '�,,.:^_ �+q.�w.�i►. .,�l �_ _ � �
�7��°- �#t�... '�",�'„La„ . � � �ir ._52a �� � �
y � '�F ��` �i �,'��'I� �` .
..f. 1561. �• .. .,,�►/`' 2GOS�• : 1817�f 1 .,
ti ',` r Rs�r„ {�" +' J/-+ ir'qJr/�e � �"./ +t,:. . ` - _�:',�.-
�~.-.r ;n k. � �re �.7 �:/ .j •{ . r� � ��: �� �y+' .
�( 2575r r '�.� �
�,� � i �:l�M�' � �i . � 1825 , �...^ r�
,� "�`•.f.� ,�'�'„y -, . .1A56z� �� i., � _._ . �� .. �,' - . � �....
♦ � .
J��v � � �." J ..•� I J7 N 4 AC YVn�_°Vr 1�40_ r
� Le,�^ �°�: • ;�� !�!_�4 1' � �,, ���[o int i�e�F�H �,�"' _ :�:`
1!. Y'#` ,� , � �I . � I '.. �'I I . -� , � ' -+...�' _.,� _
_' �r�!, �� '�` ': �"
i t�f ', �� � .i r. v��.. 3
�,�!�y�R, � -�-� �-'�. �„�,,,,"- �' i�ao� �,seso Fiiaso
�'���� ' '• r"'t'�5 ��,� �� g� �'.'11604 � 11612 11G18��1702 11I7�0 1171'6 � 11722 .�- ' 'tAt�: � ,
j', � � ( 1� 1
.: �'3'�` 1't�'� '�'' �1 . t _ f ♦ a i�� f f L� r � . �� c' �, '�'�'
�/d� - _.___ ..�,, -.. �� . , . , + �.. �.
,
'r.�a.��;(�� ,�.` � @II�QI
�'2400- 2408 I 2416 ��. 2424 71,� �� F � ' lt.�. � -.� R.. _ � . r Fr
�1� � �1 '.7� , �r.l.l � ��r^ ,. lr ��.,C. e � � ' I�.r�
h ,s�o, r6-- � � �, �:t
��; ��: � ���'• 15702 '�15703 � �. 15702 11�� 1�723 11731� ' 11805 _ 11d1���•
Figure 1. Preliminary Water Main and Storm Sewer Replacement Exhibit
City of Renton Page 2 of 11
116th Avenue SE and Edmonds Way SE Water Main Replacement Otak
Scope of Services
continued
The scope of proposed services includes tasks for site investigation and data collection; preliminary
and final design of water main and storm sewer line replacement, and preparation of construction plans;
construction bid solicitation support; and project management/administration.
Services by Consultant are not included or anticipated for geotechnical; structural engineering; sanitary
sewer main replacement/improvements; gas, power, and other dry utility relocations; wall or rockery
design; flow control design; capacity analysis of existing stormwater conveyance system; environmental
documentation/permits (beyond what the Client is obtaining); and right of access and easement
acquisition/support.
Services during construction are not included and will be performed under a separately approved scope
and budget as an amendment to the contract.
Scope of services are described in more detail as follows:
SCOPE OF SERVICES
1. Site Investigation and Data Collection
1.1. Obtain existing available record documentation
Consultant will obtain and review available data on the project, including existing utility records and
reports or other relevant Client data regarding previous determinations or decisions about proposed
project. Client shall provide Consultant with copies of any available previous studies, reports, or other
pertinent information related to the project.
1.2. Establish project limits and project requirements
Consultant will meet with Client staff to review and discuss the scope and schedule milestones for the
project. Consultant design team will conduct a comprehensive site visit to the project area to understand
field conditions and design challenges. Consultant will coordinate with the Client prior to conducting any
site visits to participate, if desired, and to share project knowledge and concerns. Challenging conditions
will be noted and photographs taken.
Consultant will develop a Design-Plan Exhibit of proposed project elements, observed potential
challenges and project requirements, and meet with Client staff to review/discuss. Consultant will
revise/edit the exhibit to reflect any Client comments and include with a summary memorandum
establishing the project limits, design elements and project aspects, and design criteria and standards.
1.3. Topographic surveying and base mapping
Consultant will research to resolve the street right-of-way, establish project control based on Client
data, and have the existing utilities field-marked by a utility locating service within the project limits.
Consultant will perform survey and mapping along the streets of proposed water line and storm drainage
improvements. The topographic survey base mapping area and limits are defined as follows:
■ 116th Avenue SE: From SE 157th Street to Puget Drive SE/Royal Hills Drive SE, including the
intersections.
■ Edmonds Wav SE: From SE 157th Street to 116th Avenue SE intersection, including the intersections.
■ SE Edmonds Court: From Edmonds Way SE to the end of this street's cul-de-sac.
City of Renton Page 3 of 11
116th Avenue SE and Edmonds Way SE Water Main Replacement Otak
Scope of Services
continued
■ Puget Drive SE: From the Puget Drive SE/Royal Hills Drive SE intersection westerly for
approximately 300 feet.
■ Roval Hills Drive SE: From the Puget Drive SE/116th Avenue SE intersection northerly for
approximately 150 feet.
■ Beacon Way SE: From Royal Hills Drive SE southerly for approximately 150 feet, including the existing
6-inch AC water main (proposed to be abandoned) to the north of Puget Drive SE, up to the existing
hydrant proposed for relocation.
The survey and mapping limits will include up to 5 feet beyond the full street right-of-way and include
existing surface features, ditches, and other topography breaks; pavement and other hardscape areas;
hydrants, water valves, water meters, and other utility valves; paint marks from utility locating services;
storm drainage and sanitary sewer structures; power pole and above ground utilities; street
channelization and signing; and significant trees (greater than 6 inches in diameter) and other
landscaping, fences, structures, or features within the existing right-of-way.
Consultant will create a topographic and planimetric base map in AutoCAD format from field survey data
and utility records. Base mapping will be provided at a horizontal scale of 1 inch = 20 feet showing the
features outlined above. A digital surface will be prepared, and contour lines will be shown at one-foot
intervals. Parcel lines of properties adjoining street right-of-way will be depicted from available assessor
records. The survey data will be referenced to the Client's horizontal and vertical data.
TASK 1 DELIVERABLES
(Unless otherwise noted all deliverables shall be PDFs, submitted electronically.)
1. Design-Plan Exhibit identifying project improvement aspects and requirements
2. Memorandum summarizing the design criteria and standards
3. Topographic survey of project area
4. AutoCAD drawing file with point database and DTM files
TASK 1 ASSUMPTIONS
A. Client will provide Consultant copies of available reports, technical memorandums, and other data
relevant to the project.
B. Client will secure any rights-of-entry permits on any private property, as may be necessary, for
Consultant to perform field work under this scope of services.
C. Client will prepare notice and notify homeowners in advance of survey.
D. Survey control will be on Washington State Plane North Zone and NAVD88.
E. Parcel side lot lines will not be resolved.
F. Existing utility field-locate will be horizontal location only. No potholing underground utilities will be
performed under Task 1.
G. Scope of services does not include permit submittal to Department of Natural Resources to permit
removal or destruction of any survey monuments that may be required for the project.
H. Labor and expense task level-of-effort budgets are estimates and Consultant reserves the right to
request approval by the Client to transfer unused task budget amounts to accomplish other service
task scope activities.
City of Renton Page 4 of 11
116th Avenue SE and Edmonds Way SE Water Main Replacement Otak
Scope of Services
continued
2. Preliminary Design and Construction Documents
2.1. Design and prepare 30% construction plans
Consultant will design and prepare 30% design plans in accordance with Client design and construction
standards and requirements, and formatted to ClienYs standard title and border. The following design
elements and plan-set components will be included in the 30% preliminary plans:
Cover and General Information Plans (5 Drawings)
Consultant will prepare drawings indicating the project title, project number, vicinity map, and drawing
index; project layout map; general notes; project legend, symbols, and abbreviations; horizontal alignment
and survey control; and existing right-of-way and site survey map.
Water Line Replacement Plans (9 Drawinas)
Consultant will prepare design drawings for proposed replacement of the water lines and services.
Drawings will be prepared at a horizontal scale of 1 inch = 20 feet and formatted to Client standards.
Storm Sewer Replacement Plans (1 Drawing�
Consultant will prepare design drawings for the proposed storm sewer pipe replacement along
Edmonds Way SE. Drawings will be prepared at a horizontal scale of 1 inch = 20 feet and formatted
to Client standards.
2.2. Submit documents and respond to Client 30% comments
Consultant will assemble and submit the design plans for review and comment. Consultant will conduct a
"plans-in-hand" site walk-through with Client to discuss the project and design issues. Client shall review
and provide Consultant a consolidated set of written review comments from all reviewers. Consultant will
subsequently evaluate the comments and provide the Client with written responses to each comment,
including meeting with the Client to review/discuss comments for clarification and concurrence.
2.3. Design and prepare 60% construction plans
Consultant will design and advance the previously prepared drawings to a higher level of completion,
including design of proposed water line and storm sewer profiles, incorporating Client comments from
previous design submittal, and the following additional drawings:
Design Details Drawings (4 Drawinas)
Drawings and details to support proposed water line, main line connection details, water services, and
storm sewer pipe replacements.
Site Restoration Plans (7 Drawings)
Drawings will be prepared using double-plate plan formatted at a horizontal scale of 1 inch = 20 feet.
Plans to depict paved and non-paved restoration area types, limits, and design details required for
proposed utility replacements, including where necessary, restoration and/or replacement of shrubs
or other landscaping disturbed within the street right-of-way.
2.4. Assist with 60% specifications and cost estimate preparation
Client will prepare the bid and construction specifications and the construction cost estimate. Consultant
will coordinate with Client staff to confirm standard Client bid items (and establish non-standard bid items,
if needed), units of ineasure, and measure and payment conditions.
City of Renton Page 5 of 11
116th Avenue SE and Edmonds Way SE Water Main Replacement Otak
Scope of Services
continued
Client will provide Consultant electronic copy of the cost estimate and specifications for review and
comment. Consultant will provide review comments within the electronic documents and re-submit them
to Client for review.
2.5. Submit documents and respond to Client 60% comments
Consultant will assemble and submit the design plans for review and comment. Client shall review and
provide Consultant a consolidated set of written review comments from all reviewers. Consultant will
subsequently evaluate the comments and provide Client with written responses to each comment,
including resolution-comments on ClienYs responses to ConsultanYs specifications (project manual)
and cost estimate review comments. Consultant will meet with Client to review/discuss comments for
clarification and concurrence.
2.6. Preliminary design utility agency coordination
Consultant will coordinate with the relevant power, gas, telecommunications franchise utility companies,
including Olympic and Cedar River pipeline authorities having facilities within the project limits, to verify
existing facility locations and initially discuss the project, requirements, and timelines.
Consultant will prepare a comprehensive Utility Coordination Exhibit during 30°/o design. The exhibit
will depict all existing and proposed utilities within the project area, and include a matrix spreadsheet
summarizing potential conflict locations and viable options for avoiding conflicts or, if necessary, guidance
on utility adjustments. Consultant will identify any existing utility locations deemed critical to the design
where utility"potholing" is recommended, and submit the exhibit to Client for review and comment.
Consultant will address ClienYs review comments and based on Client approval, commission to have
utility"potholing" performed to locate existing utility locations more accurately for either confirming current
design or adjusting the 60% design based upon the findings.
Following Client review, Consultant will submit 60% design plans and coordinate with the utility agencies
to review the project related to their facilities.
2.7. Preliminary design meetings (Client)
Consultant will prepare for and attend regular coordination meetings with the Client during preliminary
design. Consultant will schedule, prepare for, and attend a 30-minute virtual coordination meeting every
two weeks throughout the preliminary design to review and discuss project status/progress and design
issues or considerations. Additionally, Consultant will prepare for and attend a 1-hour in-person meeting
at ClienYs office at design submittal milestones to discuss ClienYs document review comments.
Consultant will document design decisions, determinations and conclusions, and prepare/submit meeting
summaries to the Client.
2.8. Preliminary design quality control
Consultant will implement measures to control quality and effectively communicate with the Client during
design. Consultant will establish and maintain effective communications for keeping the Client apprised of
progress, unanticipated design issues that may arise, and issues requiring Client decision and direction.
Consultant will perform specific quality control reviews of design elements and proposed deliverables
prior to submittals.
City of Renton Page 6 of 11
116th Avenue SE and Edmonds Way SE Water Main Replacement Otak
Scope of Services
continued
TASK 2 DELIVERABLES
(Unless otherwise noted all deliverables shall be PDFs, submitted electronically.)
1. Construction plans (at 30% and 60% design)
2. Responses to Client's review comments on construction plans (at 30% and 60% design)
3. Review comments on Client-prepared specifications (project manual) and construction
cost estimate (at 60% design)
4. Utility Coordination Exhibit (at 30% and 60% design)
5. Potholing results
6. Meeting summaries
TASK 2 ASSUMPTIONS
A. Client will obtain local project permits, anticipated as Civil Construction, Utility, and Right-of-Way.
B. Client will provide Consultant with electronic standard plan title and border.
C. Client will review and provide Consultant with a consolidated set of written review comments from
all reviewers.
D. Client will prepare the bid and construction specifications and lead the preparation of the construction
cost estimate.
E. ClienYs review/comment duration on construction plans shall be two weeks for 30% design and
three weeks for 60% design.
F. The project does not require SEPA.
G. No proposed profiles will be shown for water lines and storm sewer lines at 30% design.
H. No water line or storm sewer details will be prepared for the 30°/o design submittal.
I. Site restoration types and limits will not be depicted in the 30°/o submittal.
J. No temporary traffic control will be designed by Consultant or included in the construction plans.
K. Potholing allowance based on performing a maximum of six (6) potholes, locations identified at
30% and performed during 60% design.
L. Pavement restoration based on pavement patch and half-street overlay.
M. For budgeting purposes, level-of-effort for preliminary design meetings with Client based on
Consultant preparing for and attending a maximum of eight (8) meetings (six[6] 30-minute virtual
meetings occurring every two weeks and two [2] 1-hour in-person meetings at 30% and 60% design
submittal milestones)to discuss ClienYs document review comments.
N. Labor and expense task level-of-effort budgets are estimates and Consultant reserves the right to
request approval by the Client to transfer unused task budget amounts to accomplish other service
task scope activities.
3. Final Design and Construction Documents
3.1. Design and prepare 90% construction plans
Consultant will design and advance the previously prepared drawings to a higher level of completion,
including design plan edits to incorporate Client comments from previous design submittal.
City of Renton Page 7 of 11
116th Avenue SE and Edmonds Way SE Water Main Replacement Otak
Scope of Services
continued
3.2. Assist with 90% specifications and cost estimate preparation
Client will prepare the bid and construction specifications and the construction cost estimate. Consultant
will coordinate with Client staff to re-confirm bid items, units of ineasure, and measure and payment
conditions.
Client will provide Consultant electronic copy of the cost estimate and specifications for review and
comment. Consultant will provide review comments within the electronic documents and re-submit them
to Client for review.
3.3. Submit documents and respond to Client 90% comments
Consultant will assemble and submit the design plans for review and comment. Client shall review and
provide Consultant a consolidated set of written review comments from all reviewers. Consultant will
subsequently evaluate the comments and provide Client with written responses to each comment,
including resolution-comments on ClienYs responses to Consultant's specifications (project manual) and
cost estimate review comments. Consultant will meet with Client to review/discuss comments for
clarification and concurrence.
3.4. Design and prepare 100% construction plans
Consultant will design and advance the previously prepared drawings to a higher level of completion,
including design plan edits to incorporate Client comments from previous design submittal.
3.5. Assist with 100% specifications and cost estimate preparation
Client will prepare the bid and construction specifications and the construction cost estimate. Consultant
will coordinate with Client staff to re-confirm bid items, units of ineasure, and measure and payment
conditions. Client will provide Consultant electronic copy of the cost estimate for review and comment.
Consultant will provide review comments within the electronic documents and re-submit them to Client
for review.
3.6. Submit documents and respond to Client 100% comments
Consultant will assemble and submit the design plans for review and comment. Client shall review and
provide Consultant a consolidated set of written review comments from all reviewers. Consultant will
subsequently evaluate the comments and provide Client with written responses to each comment,
including resolution-comments on ClienYs responses to ConsultanYs specifications (project manual) and
cost estimate review comments. Consultant will meet with Client to review/discuss comments for
clarification and concurrence.
3.7. Final design utility agency coordination
Consultant will maintain contact with utility agencies throughout final design and update the utility
coordination exhibit and spreadsheet to track utility coordination activities, and any current information
that may become available. Consultant will submit design plans to utility agencies at each design
milestone to review the proposed project and gather specific comments from utility agencies.
3.8. Final design meetings (Client)
Consultant will prepare for and attend regular coordination meetings with the Client during final design.
Consultant will schedule, prepare for, and attend a 30-minute virtual coordination meeting with the Client
every two weeks throughout the final design to review and discuss project status/progress and design
issues or considerations. Additionally, Consultant will prepare for and attend a 1-hour in-person meeting
City of Renton Page 8 of 11
116th Avenue SE and Edmonds Way SE Water Main Replacement Otak
Scope of Services
continued
at Client's office at design submittal milestones to discuss Client's document review comments.
Consultant will document design decisions, determinations and conclusions, and prepare/submit meeting
summaries to the Client.
3.9. Final design quality control
Consultant will implement measures to control quality and effectively communicate with the Client during
final design. Consultant will establish and maintain effective communications for keeping the Client
apprised of progress, unanticipated design issues that may arise, and issues requiring Client decision
and direction. Consultant will perform specific quality control reviews of design elements and proposed
deliverables prior to submittals.
TASK 3 DELIVERABLES
(Unless otherwise noted all deliverables shall be PDFs, submitted electronically.)
1. Construction plans (at 90% and 100% design)
2. Responses to ClienYs review comments on construction plans (at 90°/o and 100% design)
3. Review comments on Client-prepared specifications (project manual) and construction
cost estimate (at 90% and 100% design)
4. Updated utility coordination exhibit (at 90°/o and 100°/o design)
5. Meeting summaries
TASK 3 ASSUMPTIONS
A. Client shall review and provide Consultant with a consolidated set of written review comments from
all reviewers.
B. Client will prepare the bid and construction specifications and the construction cost estimate.
C. ClienYs review/comment duration on construction plans shall be 3-weeks for 90% design and 2-weeks
for 100% design.
D. For budgeting purposes, level-of-effort for final design meetings with Client based on Consultant
preparing for and attending a maximum of eight (8) meetings (six [6] 30-minute virtual meetings
occurring every two weeks and two [2] 1-hour in-person meetings at 90% and 100% design submittal
milestones)to discuss ClienYs document review comments.
E. Labor and expense task level-of-effort budgets are estimates and Consultant reserves the right to
request approval by the Client to transfer unused task budget amounts to accomplish other service
task scope activities.
4. Bid Solicitation Assistance
Consultant will assist Client in soliciting, responding to questions, and evaluating received bids from
construction contractors.
Consultant will incorporate any Client 100°/o comments; assemble, sign/seal the construction plans; and
submit to Client for their bid documents submittal/coordination with online plan center. Consultant will
respond to questions during contractor bid solicitation period, prepare any required bid addenda, review
submitted bids to identify irregularities and/or verify contractor references, and if requested, attend a
pre-bid meeting, and prepare conformed construction plans.
City of Renton Page 9 of 11
116th Avenue SE and Edmonds Way SE Water Main Replacement Otak
Scope of Services
continued
TASK 4 DELIVERABLES
(Unless otherwise noted all deliverables shall be PDFs, submitted electronically.)
1. Signed/sealed construction plans (22"x 34"and 11"x 17"formats)
2. AutoCAD drawings of design plans
3. Written response clarifications to questions during bidding
4. Preparation of bid addenda, when requested
5. Bid review and contractor reference checks, when requested
6. "Conformed" construction plans
TASK 4 ASSUMPTIONS
A. Client shall be responsible for leading the construction bid solicitation process, submittal of documents
to electronic bid services, issuing bid advertisement, scheduling meeting facilities, and conducting and
leading the pre-bid and bid-opening meetings.
B. Client will be responsible for printing and distribution of"For Construction" documents.
C. Client will provide Consultant with the following "For Construction" documents: one PDF of project
(specification) manual, two bound hard copies each of the project(specification) manual, and half-size
set of construction plans.
D. Client will prepare the "Conformed" project manual (Specifications).
E. Labor and expense task level-of-effort budgets are estimates and Consultant reserves the right to
request approval by the City to transfer unused task budget amounts to accomplish other service task
scope activities.
5. Project Management and Administration
5.1. Design and document preparation
Consultant will direct and supervise internal staff team members and their activities to successfully
complete the design documents and other services provided. Consultant will prepare a work plan guiding
the project to include ClienYs goals and objectives; information related to project scope, schedule, budget,
and deliverable milestones; design standards and project-specific QA/QC control measures; and
communication and administrative protocols.
5.2. Project documentation and reporting
Consultant will develop a detailed project schedule (Microsoft Project)to reflect significant tasks and
project milestones, and monitor and update schedule. Consultant will prepare and submit monthly
progress reports and invoices with sufficient detail to demonstrate progress and budget status.
TASK 5 DELIVERABLES
(Unless otherwise noted all deliverables shall be PDFs, submitted electronically.)
1. Project schedules with periodic updates (Microsoft Project)
2. Monthly progress reports and invoices
City of Renton Page 10 of 11
116th Avenue SE and Edmonds Way SE Water Main Replacement Otak
Scope of Services
continued
TASK 5 ASSUMPTIONS
A. Project Management and Administration budget is based on an anticipated design period of
nine (9) months for completing the scope of services and deliverables.
B. Project schedule to reflect significant design tasks and durations, updated at project milestones.
C. Project progress reports and invoices will be submitted monthly. Invoice backup information
(timesheets, mileage, and expense logs, etc.)will not be submitted with invoicing, except for copies
of subconsultant invoice documentation. Backup information will be made available for staff auditing
purposes, if requested.
D. Task labor level-of-effort budgets are estimates and Consultant reserves the right to request approval
by the City to transfer unused task budget amounts to accomplish other service task scope activities.
6. Management Reserve
A management reserve is established for the City's use with unanticipated project design issues or
services not included. Use of this budget is at the sole discretion of the City, and Consultant will not use
without separate prior written authorization. The Consultant will provide a written scope of services and
budget to the City for approval prior to the beginning of any requested services.
City of Renton Page 11 of 11
116th Avenue SE and Edmonds Way SE Water Main Replacement Otak
Exhibit B
City of Renton - 116th Ave SE and Edmonds Way SE Watermain Replacement Project
Hour/Fee Estimate
Otak, Inc.
Otak Project#022800.000
Date:05/04/26
Mark C Touta Eva Zach Ahmed Ben Sue Lynn Jennifer
Engineering Engineering Landscape Project Survey Data Survey Crew Survey Field Administrative Project Total Budget by
Task Description Engineer 6 Engineer 6 Engineer 5 Designer 2 Technician 2 Architect 3 Surveyor 6 Analyst 4 Chief 2 Technician 3 Assistant 3 Coordinator 4 Total Hours Task
1.0 SITE INVESTIGATION AND DATA COLLECTION
1.1 Obtain existing available record documentation 8 12 20 $3,217.88
1.2 Establish project limits and project requirements 2 12 16 30 $5,050.76
1.3 Topographic surveying and base mapping 2 4 14 45 96 96 257 $32,935.00
2.0 PRELIMNARY DESIGN AND CONSTRUCTION DOCUMENTS
2.1 Design and prepare 30%construction plans
Cover and General Information Plans(5 Drawings) 6 8 8 22 $3,229.84
Waterline Replacement Plans(9 Drawings) 2 16 32 16 66 $9,835.88
StormSewerReplacementPlans(1Drawing) 2 4 2 8 $1,169.34
2.2 Submit documents and respond to City 30%comments 2 12 4 2 20 $3,743.70
2.3 Design and prepare 60%construction plans
Coverand Genera/Information Plans(5 Drawings) 8 12 8 28 $4,162.92
Waterline Replacement Plans(9 Drawings) 2 16 36 12 66 $9,877.80
Storm SewerReplacement Plans(1 Drawing) 2 8 4 14 $1,920.04
Site Restoration Plans(7 Drawings): 12 24 12 16 64 $9,477.64
Design Details Drawings(4 Drawings): 8 16 12 8 44 $6,380.68
2.4 Assist with 60%specifications and cost estimate preparation 2 6 8 16 $2,765.96
2.5 Submit documents and respond to City 60%comments 2 8 4 2 2 18 $3,145.82
2.6 Preliminary design utility agency coordination 12 16 28 $4,569.60
2.7 Preliminary design meetings(Client) 6 8 2 16 $3,357.44
2.8 Preliminary design quality control 8 12 8 28 $6,539.32
3.0 FINAL DESIGN&CONSTRUCTION DOCUMENTS
3.1 Design and prepare 90%construction plans 56 112 56 16 240 $35,203.12
3.2 Assist with 90%specifications and cost estimate preparation 2 8 8 18 $3,184.60
3.3 Submit documents and respond to City 90%comments 8 4 2 2 16 $2,664.66
3.4 Design and prepare 100°/construction plans 8 16 8 4 36 $5,292.76
3.5 Assist with 100%specifications and cost estimate preparation 4 2 6 $1,094.50
3.6 Submit documents and respond to City 100%comments 4 2 2 8 $1,330.76
3.7 Final design utility agency coordination 4 6 10 $1,608.94
3.8 Final design meetings(Client) 6 8 2 16 $3,357.44
3.9 Final design quality control 6 12 8 26 $6,058.16
4.0 BID SOLICITATION ASSISTANCE
4.1 Bid Solicitation 2 12 8 2 24 $4,258.14
5.0 PROJECT MANAGEMENT AND ADMINISTRATION
5.1 Design and document preparation 24 12 36 $8,285.76
5.2 Project documentation and reporting 8 4 8 20 $3,996.72
Total Hours 74 24 282 362 148 44 14 45 96 96 8 8 1,201
Billing Rate $240.58 $245.01 $209.32 $128.61 $118.13 $153.85 $272.98 $150.92 $132.58 $90.22 $119.70 $154.35
TotalLabor Cost $17,802.92 $5,880.24 $59,028.24 $46,556.82 $17,483.24 $6,769.40 $3,821.72 $6,791.40 $12,727.68 $8,661.12 $957.60 $1,234.80 $187,715.18
Reimbursables
General Expenses-Reproduction,Mileage,Misc. $500.00
Traffic Control Services(Obtaining Survey Structure Inverts) $3,000.00
Utility Locate Service(APS)
Horzontal field locate(For Survey) $6,500.00
Potholing(Allowance,Max 6locations) $5,000.00
s.o Management Reserve g1s,971.82
Project Total $222,687.00
O:APROJECT\22800A22500A09 CorporateAContracts\22500 LOE 04152026 5/5/2026,2:26 PM
Otak
ii �
Otak, Inc.
116th Ave SE & Edmonds Way SE Water Main Replacement
Billing Rate Schedule
Discipline/Labor Category Maximum Billing Rate
Enqineerinq
Engineering Technician 1 $89.43
Engineering Technician 2 $118.13
Engineering Technician 3 $129.21
Engineering Technician 4 $141.75
Engineering Technician 5 $154.35
Engineering Technician 6 $180.50
Engineering Designer 1 $117.37
Engineering Designer 2 $134.60
Engineering Designer 3 $142.47
Engineering Designer 4 $154.35
Engineering Designer 5 $168.53
Engineer 1 $147.14
Engineer 2 $159.08
Engineer 3 $176.40
Engineer 4 $191.36
Engineer 5 $220.50
Engineer 6 $245.01
Engineer 7 $286.65
Engineer 8 $325.55
Engineer 9 $375.01
Science
Scientist 1 $110.50
Scientist 2 $131.07
Scientist 3 $141.75
Scientist 4 $157.50
Scientist 5 $190.54
Scientist 6 $223.56
Scientist 7 $242.55
Scientist 8 $262.99
Construction Management& Inspection
Field Representative 1 $119.98
Field Representative 2 $133.02
Field Representative 3 $165.28
Field Representative 4 $180.02
Construction Manager 1 $131.04
Construction Manager 2 $150.00
Construction Manager 3 $178.45
Construction Manager 4 $189.00
Page 1 of 3
Otak
ii �
Discipline/Labor Category Maximum Billing Rate
Construction Manager 5 $214.99
Construction Manager 6 $237.07
Survey
Survey Field Technician 1 $77.99
Survey Field Technician 2 $88.01
Survey Field Technician 3 $95.00
Survey Data Analyst 1 $102.00
Survey Data Analyst 2 $116.99
Survey Data Analyst 3 $136.02
Survey Data Analyst 4 $150.92
Survey Crew Chief 1 $101.46
Survey Crew Chief 2 $132.58
Survey Crew Chief 3 $156.15
Project Surveyor 1 $158.00
Project Surveyor 2 $167.99
Project Surveyor 3 $182.48
Project Surveyor 4 $199.80
Project Surveyor 5 $236.25
Project Surveyor 6 $272.98
Project Surveyor 7 $315.00
Project Surveyor 8 $350.00
Landscape Architecture
Landscape Designer 1 $88.20
Landscape Designer 2 $121.28
Landscape Designer 3 $131.51
Landscape Designer 4 $141.75
Landscape Architect 1 $124.99
Landscape Architect 2 $138.00
Landscape Architect 3 $153.85
Landscape Architect 4 $165.00
Landscape Architect 5 $186.98
Landscape Architect 6 $202.89
Landscape Architect 7 $218.77
Landscape Architect 8 $295.00
Landscape Architect 9 $350.00
Planninq
Planning Technician 1 $90.00
Planning Technician 2 $103.95
Planning Technician 3 $116.55
Planning Technician 4 $132.30
Planner 1 $121.21
Planner 2 $135.89
Planner 3 $166.95
Page 2 of 3
Otak
ii �
Discipline/Labor Category Maximum Billing Rate
Planner 4 $189.00
Planner 5 $209.79
Planner 6 $221.29
Planner 7 $306.31
GIS Specialist $132.30
Sr. GIS Specialist $165.00
Proiect Support Services
Administrative Assistant 1 $98.66
Administrative Assistant 2 $109.18
Administrative Assistant 3 $119.70
Administrative Assistant 4 $139.23
Project Coordinator 1 $114.06
Project Coordinator 2 $135.45
Project Coordinator 3 $154.35
Project Coordinator 4 $160.52
Graphic Designer $132.11
Sr. Graphic Designer $144.90
Billing Rates are updated annually by approximately four percent(4.00%)
Page 3 of 3
EXHIBIT C
City of Renton
116th Avenue SE and Edmonds Way SE
Asbestos Cement(AC) Water Main Replacement
Project#
Otak Project No. 22800
PRELIMINARY MILESTONE SCHEDULE
Contract Notice to Proceed ........................................................................................... June 2026
1. Site Investigation and Data Collection Tasks ..................................................June/July 2026
2. Preliminary Design (30°/o+60%)and Construction Documents Tasks.......July—August 2026
3. Final Design (90%+100°/o) and Construction Documents Tasks................ Sept.'26—Jan `27
4. Bid Solicitation Tasks........................................................................................February 2027
5. Anticipated Project Construction Start..........................................................March/April 2027
Project Location Map
�,�,�� �:�-_ � ��; ! _ � • ,�� �� _ � � �
#'� � k� �'� f � � " � r r � 2609� ' 2709ff ��`
�� �;,,, � � ,.�, ' \�, .s ,� - r�. ,r� `�� �?.
" �� �,'-',�s, �'�w"°�-�' � '�, ` �� , d � �. � sr g �'�" 2701 *�` >.��� 1433
�'� ��- v'•� '���, � ����..�� va��; a'�. P _.�a��,
�5�- �,�r �' °'� �` �j � �1500 , `� �.1506 � r`�"`� � � `�. � i:
y�4 �tl ,':� � s„ , '�" �w,.-.I �t-' 4 � � +�� �''
� � r• _� �, � � 2617 2625 Vr� 2633 �� .
,� `.,�` .• �`` .. � � ' '* '" � �. .��� `�.'
� � ��,�,� n� �i�:� , , � w,, .� 2720�..
. � �
� `s� .`�.� �^ ..� � �y ';� � s, .,
. . .:
�. �.` , #; � � ��:.: , .;, �� .�1508 '°!, �'?�� � �: � .
_ ^ ,y�..* ���` , :�::1509 � c �•, f� ,���y :..�:�1 �.. � �'� � . ���`�
�. �. �, Q h , �..�,,�~ 8• , - -�° � �''A � �.,2712 �>
,
� � �- < .�� _ � . � � �:
� � � �k.. ''� �• ,n � .:��. ���� �-, �v ; �� a1� �` �k,\ "' '�'-
�,'��%�;� � � z�.; � � � 1517�. � � R i � Y� ` f '�
�� ' - ,`���¢ ��:��� ��-, � ��a �`�:.,° � 1512�;� � ��.14 � �� 2704 ,�� ' �� � '�'��,, '
� .,� 1508 � 2624 �_ h
e "�.i; / . � , �'� ''.'' ���``•" �_��` :���: E ,�, y,�_� * , �.�.3
. .�� . ��� :3��� � �f� . �•� � `4-�.r��'' � � F...'�/"�rv`� 'f �*.7'. .. ��`Y � I
� 1525�+� . • - <�;; ,,�,��
,: �: �.
�� � .�� � "��� �,' � ���_'� ,,,+� . �`1?�' y" , 2709
� �,, ��
� �. � ' - . , , -:: ,�! _ �' � 4 _ � '
�i ,� ; ��� >�� 2 0�
� �, ,� �``"Y '' K 1514. � � 2548 � - -� rr""� .._ � � 'r``" �
;h'. \ � g �. ' ��k � M ' � ! •
�,� _ r � � .;Y � , iE. �� I�. �
\ �_�� �,::�� '�'��, `'� � ' ,j''�y�{�f 2615T;r_ ,>.�,; 1603' w, , ' �� .a;: i �'''
� � �:Si,; � t...�: ` 2542 ;'', . �.�e � A���{�. 'i�r ,q , � .� .. ��' -�:�
. . . �-?1'',..�. . � '� g•s�,. ' r^ � 4��,; �'�� C � .f �r • i ',!
.� _ :
�
,f, � �. 2601 - ' � '� ; � 1607 �,.,�
�.. a !. � � �'f' �..s� µ �-. ' � . � �J'��.� "�``� '���` -*` I��;.t.� � R�1�� v��.
�
,' �
.:... x �� .:. � �y ,F. a . � � � �
�� .� � � '�f �'''
. =.. „ .
:,,:>. 4 �^ e ,� �� : `� 9. � 2549 . , .*�'. t' ��� r ' �609 �. � �',��n
� ��•,r � L:a': � 1601 �`;` ,�1602 �
� y' �..,� ri - �// � �., �f
� �: � �' (GO .� "�r �//'� . � ��� �.
�✓''A^ :�+Yldl::. , ^. R�F \ r'. � A�� `. { � , � � � ��
✓
."��` °C-` . .,.fi �ai -"'+ .- ` :��2543 ,�}. .,r ,., ��� � .
_;�
, :. , �
;� ; ; f� _ _�_.,�' '`�,��°.E . �� 3` ,'
' • ;
� � _\ � :� �, r�� � .��sd �` � , ��: � 1604 ,�"" 161
'� x �2508 ' � '� � ` �� � '
_ �, �.. r ,�`' �.s � ,., x �` '�
, .n
,
_.. . ,
, . , �, � ,
• �,.' � ,�, �r ' �A i; . 1608 'f � '� � � �'' '� .�.�' ��� ,�
�:,, � �: �� �'`� ,�� + t� ♦ �,. � ''
�,, n •�' "� - �^� _''� �. r �s�� 'i �1'607. .\ �° .1606 s ; ��a.
;,,`� ,�,' ''� ��± . ,`�v;. . � ,. .x � y `� �3- ��� ' �..
�E ,= � �, e � �' 1616 y�,�� r.�..� � �n </j� � s a ��.
� �� • � �'4 •. . • j .o �a�'`4 :' ' 1609��"� � ,.� ,.1608 h"� �
�� x�
�:�g 25091 �t �`�•� � � ' �' �� s � '�� � ';I '�
' �� iE � 1624 f; � �: �`�:., , ��/�N� �
.� �- �.
,,� '�' ,�, � '• � �� � < �' i ;�F" � � , � 1616 ,:
{�� � �=� ' �,,�� �,7�" -. . ��1611. .� ' � ,� *°
_•,�. '. �� Y�'-� �= �t,;�.{A 16.�6 . -;�'. ���' _�'?� �,,,�" � �� .''r�
�'. �� .. ,: � ,�~~ , _ a <�' :�. � �,
, � �` � ' �` .
� � `'� � ,� , �1624
�. � /►
, � �+.•
s a � `v. J •w-� � JI �,� e�j,� ., ,�„ 1633 � � x��C
j � ; ` � � ` ''��' �<. a1624 C �` �� f 1640 - �, 3 f �`�,;• �
" `� `�: ;� d. ` r�� ` ,4 � �` ;• "� ���" rtM'`����.. 1639 �l��,, '
�e ��:� � 1i33 ' �`�� � �►''. `'� ' � . . � r� f�`�/ . � � - ��, �'� ��. f � .m�.`
i� '� , �°� �� ' 1700� � �� �r ,/ �
c �1 � �r �� �' t'' . � ', _,i�r_ 1700 �� �.1649 ,,;f•
� ��_ ��"�� : -��,701`� ,/ 1��, J, + � '��r... �:, �� ��.
.,
,
� ,� ,� ;� ._ �• e� �,/�� ���., � �`� � ^<>
. �
� i_ - Y '.,
�� . ' I`'":�? �,,, 15509 � � ,�w�� �� ���� - y�s�'� � �<<` I " ����' �
y �' �
�� 1709 ' �
o ,�� � ♦ ,. f�: , �#��,;. � '�r � �< enw
� � i � �' �_; -� '� � �--� � ♦ > > . �1716� -�r,,°' , ��'°`*�.' 1,716 � :� � �,�,�
�\� � ��� �` r�f. A��'" ,i'f r /, � f� 12-INC� ���.�a • i .� �/' � 1707 �',.
�,�` "'��'� � �1717P. � �'�,�'' ��` � i. � �� 4 �� r '�7., l�,o
� ' � � �.
;��. �� �� � � ��"/, �24 �a. a �}"°, �:, �, ��.
�4s' GE� s, i�3c6 Ib�,�2< � `�: , . �,•x .s, x..,a, ' 1724 ,�� r
, �� �, \ �, � ,,,:., -F � � �: '�' �s ' ;�' '`� � �''�I`
� �- 'r- �� 15512�'��'� u� :�t R � ` � 1732` / '� ,;� P y
f'� t . .� _ �- .,..._.._ . - �• C - .
:� 15509 . F -W 8 -o - • � .�' �'`'-. �� ;' 1732•
� � �� �_ �� �'15518;�' � r t � ,��F /�/ T `��� � "' �. ,' a
� ' ,�� � '�� �. �' - �.;�1800 �� _. �!. 1740r j�, �
..
�y�.>' '� �� � �.� � . .i ��:;, ,• i
��`� -,: ., . . :.. `� ,y, _. ,.r'�.:s�r_..�.r� �.,C+� � ` . /
. -• •
... -., ,. , � ;
, � � ,^. �;` ' '.. , _� . . ,� _, / , . �604 � ��08 '�' ` �� �gp�p�;,.
- .` ,�
. � .1
� �f� '- `� ��5�r �§.�r� •;, . 3 �, �' r�,�'" �� \T �
,.,�{ �.. �r� � � t T� � ' •� `r �a$3 '(3` # ,.� I,r � '`.� ��r rj " �!�"`��.
i �
-.'i '..�.e' Yn . ��� � � ,_ .a.:;q�+�.�':'���` •._1,.����.-� , , ��'r.�y, 1816� � � �- . 'w ���.
� ,. �,x' � ` G ��� �� -' 2600 , 2609 A,` � ��, `" �i `;.
�• � " �
� `� :: �,���`�'� .�� � �"� '115610 '` �; �'�>- f /'/ �- ;� �'''� •�. � �r�
� ��"^ �` � a • � �� 1809 1824 ��, s ,�, .,,,
�� � x-�� ; f a`�,� �t��.� �,«�' ��� • �* 9�A ,'g.p.±.
� ��=�`''�.� : a�` '`� ,; y.�r` � -��, �;2�4 ,��..,. ,,' �, �
. � - ,
, z � � `~ � � � . � �.
� a �
�
� � a
-; _' .. . r #i� .
, a
; �� ��> ' y'� r�� � �;: ���. 15' 614 � ,* ,, �,� ,�,� � 1832 ' �` � � .
.� .��.. � _ �µ.. 2605 <� �'�r d .�. 1^
�, � ` ° � �� � � ��.
,
: `, � . \ �.,
�� � � *'S y �\ �x` \ �� ��Y
. hu„ ,y Ridye - ° . _. � _ - 5 i � • � `�
�" T 2 25' �
'� . r,'; ,
•; � ,,►
� � Development �°`�° ,- , .., ! r� << .i , f � "'1825 ,�' '�"� �
,
' '�
:. , � � �/`�' ' ,� ,. .. �_ ._ ��" � �,.,
,
.�, r �: g , � �1'5620 ��'. - .. �, � - �"� '� �*`''�� � ..�.
4 - A � ' ;'� � � �.� � �� �e�`3 ,,, " �� r � 1840= � - ,�, ,:. ,
,�
�
�°"' ,:, �' rr �'a.r°� �s:, ,.,�� �_t�' �.i `�.R l�l`' � .- `� ' �;. . r—� � .-z� . _� � .- �.�.�n.>�.
� ;� a . t ,� . � .,ad� � �f '���,> � �+:•,xrlo'�� :.. ,
a, `-�e'TM� �f' � ' ��—.r` "k"�� �+ � �srnxe�— ' z�.
. Y �� . ..• � y-art.
.` , k � ` �` � .�'� { . �; � ,. � � �' .r �� �.� li,�t.N - :.i �,��'
.,\
'�• .�.�. k. :'� �. .� :. i I�r��. � . - �' .. � ' �j. '- � '"
i � �`
� ��. �-t:�� . +� � .° t� ,...i.� .� � �t-�.1 ,,� , ,.�,�r.�`', 11730r 15630 r�11820 , . ,;,
` ,� ;; �' • �',' 11604 �"; 11612 11618 11702 11710 11716 ��11722 �;. ' � 11E812 _ �� : �'"
a ' � �`°=� � t�''�`F ,� � -. _ p i.a� �I
�
� � -
,t
,., � f. . ,. ..a, e
: ' � ` � '� � ;�r �\_ � _ � �- '� �� d '�� M 11826
a ;
�,. ' �.`� ti C ���'
.,,�,.._, ,
.�- _
�� . . . �, � . ,. ,,
�r � ��� �,� �.
-- �,.�, ,� _x �_.._ � �. �.
,. ., �� ,
., � ¢ �
, � , . ��� �: ,�
„
, , �
— � � -
2408 � 2416, .+�'.. 2424 F �`. '�:," r^. : �11Y�- ��" �:_:; _ � r.. �r- �rr-�'!►'_ ( �,s�.
'�" . I _ • �� �
;� ; s , q�F, _ ;;.�t= , E ' �Y
.
' s..., l� ,,.� �x
'�. � .x._- � �,: � � � '
Y'
-p-,�`
�`. �.
�� � �� 15702 1570�:_ . ; �, � � � ' 11809 11817 l ` •
.�_:, . ! , 15702 11717 11723 � 1173,1 rr — J �E ,
� �.y; �� '� � �I r � � h ���(
� - 11801
��� � �1906. � �� _�� � ����'��' � � - �,
,
, � y�
, ,. �,
'�a� �,� +� -'� _ _ � �� ��.�a!l1���r � � � � ��� �� ��z
� ��
.
� - �^ R--r+� _' --_ : _ �- ,F� 1� ,� ,r , `-`� II ��,' ^�`J.� :+rr-- 3. ;y,�"�',,�
J . . ; I � '
i � � ��
, � y '�,:: ��,�0., 15711 �5r � r �isr'f a'`' l�;� � �:� �5751
� �' � � ► +� 15710�� � � � %� �;.
��m t 4=`"_ { <. � � �,,���` �„ ;
, - ' � , /
� ` �1912 ��� � �` : �� '" �' � � `'� �
2401 ^ fr2409• ��?' .: . '�a:-' �.�`�' ' � .�, � ,�,�►.J 11756 � �4
� _ . �� �- �/�- , '
�
, � '�i. "".: ' ; � �",..... � - .� �11745 "� " �\,�., �� `�;�' r15755 �'
•'
All data,information,and maps are provid� Legend O
� is"without warranty or any representation of City and County Labels
p ,� accuracy,timeliness of completeness.The
� burden for determining accuracy,completeness, Addl'0SS2S
timeliness,merchantability and fitness for or the Parcels
• appropriateness for use rests solely on the user.
Project Limits
0 128 256 Feet
WGS_1984_Web_Mercator_Auxil iary_Sphere
G�t Y ��` . .
+ +
Profess � onal Serv� ces A reement
.
�F o� with Ota k I n c
NT �
116t" AveSE and EdmondsWaySEAC
Water Main Replacement Project
UTI LITI ES CO M M ITTE E M E ETI N G, J U N E 15, 2026
JEREMYVALDEZ, WATER UTILITY PROJECT MANAGER
`��a� ''.'�� `' . .�.
v°�j g�'�;��""�;.�. x� '1 . �-rt� �T
S"�e"'.i -'"�.. ���...:��ti ..�..•= ����"�"`:�sai��"�— tz�tite:}� - ti -- � � �" ` - -
. � '�+wJ� .;� _`� -
._v� � `- ��"� ^t„44 yl,y Y�. �6,. . S, � .''. ._... �.
.,.a. �
_ "�,• � �� ��y� �'��`��`�,.".��`w'a ._�,��.t i' ,3., �€;'�� �`i` �
� ._. i � � ��� µ� SS.-� . �. A.v ' .� {� ¢��� �:.�.,��,1r
� '
_
�e .. �
1�', ,�,, 's�" � � -
4i - �
�,��'��.�. s'��,:d_ . i �:�"2"�'�y�°� 'F.y4,� '. �. `_ ,�ri..�_
�.°: .,f�!"" � � ..h l�r`�'_ ��•. �'t:�.,� ..+,-""�k'�":." � ; y�� `a.-.+o.4�.�; '�I
` 4..�*i_ ��lb'*'� . Y�`� �'�`�. �`_r v'�'. �-�
...Y'�i���..-"`�� '.� . . �. ' ..a' � ��� .�.� "�'t'. _ ,�� ^;�� `�1� �j �;.!
• 4. , '��� ^ ��r � �'`x'ii
wl����t�` �'� '`�. j � ` . .e�, �.�
�. � 1 �� 4Y 1 �t .._.. . � ���^ r�.,,�'`�R � 1�
P r o e c t B a c k r o u n d �=��i����7 ���. :.��.s �:� �rt �� _ .,..� � .�
J .. �� `- - -
�� � :;.. -.�� .c�� 4 c� ,`_. ���i�. . . - � .'` � - �
� � "C � _ � ��A'i�` -i^�..` .:I�� ' �?�` �. Y �'� ��
This project is proposed to begin at the �:�A _�� � ��� ;�`�����.����,���_= ,� � ���� `�. �T�� �
�a: ��, ; ,.i .� , .�� <=�.��: • ����,��`` -nT.;+c t��, a _ t
time the Harmony Ridge Plat � _ '��� - � - � � ,�-~���:fi;����`� � � � �`` �
. � ,�.,:�_ �_ r. � _ ���� a w `.
Development is nearly complete. �� ,� � ��. � � � y`. ;�,� `,'.�� ��
,t " " >r �� 'r..y, J ���' �.�h.3� ' � • .
_�h' ... �`_ � ��� � �� -_.e (�^»�*°".� �`_ l � � ,����,� i�.�
`
Water Industry Best Practice is to _ ..,�� L�;��� ,�Y_-� t,.:��.�r� ��r \ � w���;�,R � �
:.:� - •- �T:„�E+k � .,..�a.� .`^ � ;j��.. . � �. �i`�'�����''.;,}�' �� ti�.� - . ^Y�
replace all asbestos cement (AC) �_ - .�x.t��:��: � -�`.W �r ,��,. _.
:,� -- ; - -�'{ �. /� t4;,.
�' �,v r
and steelwater mains in the :��..��_, ��� ,� �,; � �;������,�. M ;� , �,
�,�. ;� �:.���
system, as the budget permits. �� �'��4�..�, �,�� � �.�� � ��
. � : � .
� s ¢-
As of the end of 2025, �{ � L� �� �` �,=~'
�. _ '`_��' �"�.� Y. , --�;..�
�
a roximatel 14 600 feet .9 % ���� �'_� �� `�� � �=��:�; �
pp Y � � ) . �, _�
ofACwatermains remain inthe � �" � '� ��`��� � - � �`� � ' �'
��-��� �-�. . - : �
City of Renton. �� _ _ .�
4=�` � i*ti� .r� .`4_ �� . yt�.. `� . .
` � .
This project will replace an �`-�` �- �� l - � _ �`�
_��` $�..
additional 2,800 feet of AC main � - � � -
��L .ji��^ - .
by Q2 of 2027. _ ;.����_� �'- t _ K-. '
_� . �
c� - r. _��� y�'�� c � . � �� �
�;��� ��" ���� _ �— . �
�
d... YF.- `, � .
. '� ` .� i �e..a �� -
�� ' ,`� � ` e`���� r;���'�� \•''�;.. 1 f;, 2`�.t�� 1 •' _
�.e� . . •- . t '�� t`�.c' �" i .
� - c� ..� �s ,,. 4- _
� _.�'�ir_ , e.� � .�r.�-'� . #'.►r�!� as'r ���_ ,"'�. �.+. � ,_ri ____ .
` . I_ r�.��i �� �y(-.
( . . � ,. ;� ,�I; (y,,;��
� }�`< '- ?'.. .�, . . . _ , ��'�v,,
��c
� / r
z �`,
x :�_
• ���lc� . � �� _
Pro ect Su m ma r ���� . � �� ������� i, � ��.�-
J Y � , � �
�'`��� � .� -��"���' "' �
�r: Y �
,,ti~;-� i ,�'� ., .:r� �i�4 i°
�
. . . j i� � � � ,��. y. � ... r,... ,�
- � �:. � �
� �. , `�
��' ' * �
v v v v v ■ . . v ■ . � ,� �` � i� .y �
r �
`:�.Y �� . r�il��� _ � � .
. . -. ` _ .._.A. � M�_..,
� �M�l
� Y�
Re lace a roximatel 2 800 linear feet of 4- & 6-inch -�� �-� � r
p p p Y � , .� �.,� �'� v:;
, 1
diameter asbestos concrete water mains on 116t" Ave .�-,� :; �'' � �,Y,� � ���-=~ -�� -.� = ����
SE, Edmonds Way SE, and SE Edmonds Ct (1987).
Replace 37 water services serving existing homes. _ �
�
f ��
Replace 2 irrigation services. �-� - - _
R .��'y�`��- '
� � � � i . v�� �_,�•
Provide 3 new water main connections to existing --- =� _ �,� i���'-'��1,' ���� -'`�
Ilr�' ��. ! -���.i,��� _� . SY; � . -�� ---
� �': I p�
mains; work to be performed by our City crews. .�_�w_ � � � ;_''- '`��
.,,e._ - — --
_ _�- .
Replace 6 existing fire hydrants. -- � � �
. _ . .. .�_ . �.�.� - -.�
Replace 315 linear feet of 12-inch concrete ������� .. _�� -, �- _� �_�
. .- �
stormwater pipethathas partiallycollapsed based
� � �
upon a CCTV inspection of the storm system.
�
Pro ' ect Location
J
i -. .�..- � . .�_ ;� � ..- , ,�. _. :.� ' _�
� � • 1.-��,����'�,�/ •_\ •���i� ` t�. 4�'' '`p�'� `'�- jf��� ' ' '�'
f� .\ �'\ � ti( �� ��� �\ � \� 1,� `��r �, �� `. ,,�;�'• ` ` , j ��`T
����'' � . � \ ' � .\` ; � . � . . ` � ,�"-�' �s! �
� � �. � � �• � , `� �,�� . �.- ,� -• � � � � ' ` ,
` �� i `�i'� . \�.. � � 3 �, i ,
,� `� � Z.i`y • � � ^ � � 1 . .\ �\. �:.�' � ' L� = .�
�' �'�� ' � Ri���`�. ''- '��� ,�/'.rlp . ��' � ,' ��, , �j i��
,� � ���_� •y i� _ � •t� 1 ��',�„7,,c�r,,,;,--------�- Ir� .�_ �
. ` ; �r � ,` �I , '�.� �. � � i i, � � �.
���; .�� ��� �� , \, � ���. '� ` � , '� •�
. .
I �-a �' ♦ ' `� Z * • �)_� �_� `, f
, `�'�!.,� ''�,,� ,`� �`y.�.�__ -.� ' :::� •, �` �. • ` i � . 1;�` �''�� � t� ., 1r..-;
�, ��' '•r-� - t�" ��' �� � . ��. �`� � � ��� � _ �•L ._: ►.;
� I �r � � , . �7,
�. �r . ,�� �\ r� � '� �\�_`• � , �
. � ♦ •~ � ,^' � - `�r . \ �~ � � '
!f�/ ; � � �F � / �� , L
� � �, � �r �`'• ••�•, I
��`� ` �•� 1.' ♦ � �,a ,�� ;�►► � `� .. - �
'�;•-�`� . .� � " � ��. �' * \..+ '�- � � _... �-
�, � �\\ , � �.:► � -�: �` �1���✓�I. � �� �� . � � _ �
F � • �' � • � � � , ` / ` � � ' �_ � � �--�� �3C��yry�
/ - c . �{ .{� ��?. �t, .\�, s `.�. � .••� `. � � `—r� � . . :^�'
� ` � � � '� ��I�. �� � \' -jr � ;� _ ` • � +'rl
7► �'C � *� f..���e� �• ■` �[.
'� � '` ^_ \' ` '�'� • � ' �/'' � ��- ,�
` _� 'r�� .� _ � ' . i . t � . •� 1 •. �� ( � 1� �'� `-
v� >� t \\ � \ . ' - . �• � �� �`+ �i � , 4. (� � I ��
_ f .� • � ,. � `.�- "'I" ''• .i
��s � ,�� '.. . �,-,� � �� *"�. 't � � � '� �l� �1^ - ti�� �
��,- _ �;' - .. �� :� ` i,w' � � ; ti �" i• t '- �►.
yfj�A .�,:,;'i �,' �� �� ��.'�h'�,��� -.�� . � • �. .,,r � , � `� �L
4� � �. _•:,� �� �_ •.� ..._
'w� � � -
\ '-`� �� .rr� `�"�. - .��t— -1_�. -- � , ' _ . , � � �r"`, .
.�' . • .�+►�i�� � �`. :,', �' � -, '�'I{��'� - ��� :
� '� � � � �
�� ��- - � ��� � . � �� '�, �t N'y'! -- � i � t I� � '1 IT�� � ' 1 � �� � �
�.. 1
. � .., 6�t�;,,�' � . . �----- - - . ,, o� i
r�• ^� �. � ' � `'' � 1 ( •� '��
-�;.' �Jl+ ��y7 /'-'. .� ' , � — %�y�• a� s .} ' ,� �. , ,,. .
% . �l �• . . \\ y� �- }I'�. �( .. � a .
, � �_ 7 T_ ..�.-v - l� ��_ 0� ♦ � ' �
� .� , r�� �etr. � r• ��.�R ._ . '.. . � ' '�1 1'�• • y�� � ,
�� �' N � •' �� 1/` , r • '1 � �' 1• F�
�. ._ � �. 1 !' . � ; � +
�� . � �•{i � � '�.`a.. 1� � ♦ ��• �
Pro ' ect Costs
J
DESIGN CONTRACT WITH OTAK $222,267 (this contract)
CONSTRUCTION CONTRACT $2,000,000
(PLANNING LEVEL ESTIMATE)
PROJECT MANAGEMENT STAFF COST $120,000
(ESTIMATE)
CONTINGENCIES (10%) $200,000
TOTAL $2,542,267
2026 PROJECT BUDGET $3,000,000
(Account 425.455170)
� �
�
Staff Recommendation
Authorize the Mayor and City Clerk to execute the agreement with Otak, Inc in the
amount of $222,267 for the design, bid, and construction support services for the
116t" Ave SE and Edmonds Way SE AC Water Main Replacement Project.
� �
�
CITY OF RENTON THE HIGHLANDS RESERVOIR Water Main Improvements
• ' Project will upgrade the older water mains along
� �} C o n st r u ct i o n NE 12th Street from Edmonds Ave NE to Queen Ave N E
' ���i f i c a t i o n to keep our neighborhood's water system strong.
� Much of our current water infrastructure is nearing the end
of its lifecycle, and we want to stay ahead of any potential
issues before they affect our neighbors. Upgrading the
system today:
• - • � " " • • Ensures strong fire protection
• Reliable service
• � • • High-quality water Q +Q
• Continued safety for everyone who
• • — —
lives and works in the Highlands area
; - , . � � , Thank you for your patience and ��
� � � � understanding! For more details, Q� _ �
please visit our website at
qrentonwa.gov/HighlandsReservoirWaterMain
O
� Please contact the City Water Utility Engineering Manager,
Abdoul Gafour at 425-430-7210 or via e-mail at
agafour�a rentonwa.gov
Im rovements Timeline ' PRESORTED
p Renton City Hall
• New 12-inch and 16-inch Be innin mid-Jul 2026 �` �- Utility Systems Division MARKETING MAIL
g g y 'J 1055 South Grad Wa U.S.POSTAGE PAID
water mains,8 new fire through fall of 2027 Y Y RENTON,wa
hydrants, . Renton,WA 98057 PERMIT NO. 137
and the replacement of Stay connected
35 water service lines Attend our virtual project
• New storm drainage pipes information meeting
and catch basin On Tuesday,June 23,2026,from
• Full roadway paving 6-7 p.m.,join public works staff via
restoration following Teams online at shorturl.at/T7eY7
construction for an overview of the project,
anticipated construction activities,
Construction work is traffic impacts, planned water
expected to occur service interruptions,and what
Monday through Friday residents can expect during
from 7 a.m.to 5 p.m. construction.
� NEWWATERMAIN ♦
� NEW STOFM DRAIN - I
W � N
r.«.a�„n��o�u.00� � y ��va
+y �'
= s
NE�,xs, .
' ��`" �«Ew..or:
� i� � �
Proposed Boundary for Mailing of F/yers High/ands Reservoir Water Main Improvements Project
�. :.-�� -r -� -- � - • �•� j - �� �1 � �� � 'C' � T"f�'� . ��P \ � ' �i • Q:��s.'• ^.31�r 1 - r i� -� _ - . . i
+� ,,� ,'� , '\ _ i ��r�� • rI�
� ' : � ��.�� ��l I .'� .�. � --' .a - r �{,, � C � � � I � w . ,� I�",��� + : I , �'�
�,�"' �• `,,,-J' .��'w� r ^t�~ '�.�� 1 ��'�}�i �JI?��ii:i.�t, a►'I�. � ./ ,"' i•F. ! �✓ , `� ,�i�'�'"� - 1. _ � '�'�t► �y ��: _ , ���1' -y �'t 1n�'f `'' � ► • !`�� ��
;�P. �L�, �-,�;�,��� C�r��L�'',1 .r'����•�1� i l _r�A�. ..�:�• r '('� � � ' r` ` l: � (I � P �� a�l��# � �"�"'7�. - '�^�► ' r ��.r..` - �, ��r' -- � � �. �i'17'��ii ll:t� �- v j /a.:
1 'T �1� �rV�}�'�'y�Ll•'•_��l �`'j .� t2J�"'-►�.i"� �'�j '''��i . ti '� � • 17�7� ��• �� � •,�•'• � � I;,y�� ` I `�,L-��� � fl��- "',�"�� ' � ��y �:����, .,��
ij��r i. �y . ' • • "t , - -��r s�� �� . � � �"t_ w �tsti, 1 . y � .�.. tq ...r� �_ ' T� � �ji�r
.B ''k ;i 4'I�.._ 1��—�{� -�i :� �"�/� �` . al • _,�1 � A �� Y„ . � �� � �, ��.'.. �,�� .�f�o .�I1i�i{, �`"_. � '', '!� 1 -� ����,�-� ` � ' �''t • �'°r ^ �
`��t�'� �.���', . "�l"'w`1!�''� .7'�I� � �! �r����r� � � s. �`�°�``wrr[��� ��' i �� . . �L1- � � � � . � �t:� ��' /-1.� ��;^► a� ���� �� � ��i�`�1�� �' `'� ��_ �
� ' �r, � � � . . � .w� ��� ��F' r� -�r - � s. r � i .
R"�= � 1 '� M-'ii �:� • i�'` i'�1 t~) '` -�� i �` ''s �, �L . . u�(11�i1 �! �) '/ ✓ _�'17 ���i .�'}� � � s�:. � , '-' � � :ti-�� 1[� - �-' ,;�.lti�;,�
�(/^ �l � � �� .1�• '� � _ p[�.� i r ��y. . �.. �., y- �11 *�. � � 1 �r .1,, " � �t♦ � i. , �� _' _. _ ;�� ��' . . � ♦'�S
1 .� ��/�' A''�r� Z � -It �.5:' rr V� ��� . � �� 1 �,�� � � �� � . �� ..r 1.�J` �~t`�/ ��1 `s� '� , a �7� �1 i y '�I�,�'� � ♦ �^-• .� ��I
•���' 1. �•-•,- � ��1�., � ,,t' . . `_�`,��-'_��� --�•-�`, F'..�s � _ w�-.�.,`� ��. ,�''�r� �' �� -r� '��"'1�`� • � ����' .� •r !� �'► ;.7�_'�� ^ �IT� !. �'��.�..y
r � `� (�� .�` � � ) ^t�► y ty""�: � � r -�1 .� r--� - ,• � �' � 1 . �,i��� , �� :� ��.'� L►13 ti_R.�S i il �t _ . . . _
F��. � -1 ����� .'� ;_�t' •.31 ��b+s-1r' - -�*. ,�, ������-�����-,+ ♦.,'• �.� �� 13 , ,.� '� �� �_� *� �,�' �� � � � ,�;�t` � �� .:'`�����. - it• - '• _ � --i�� �I;I� SC�fti
� `T�, . r `� /+' � . �._ � �s � 1 � :t-..� i � �
��r 4 , ,;� �. ��� ,�.��:-�� � ����;, � �;���. ; - , � _ �.- � ,�r . ���,,,--�.,_-,,�,,.; _ _�r���,, , . _ ., -��;�.� � ._ .� -.r�`�� �.��k�1Mr�:•f�CL�l.�,
- f� „ � . ,. � _ __ � ., � `� .'.� ~: �� � ' f, � � • " 1'` _ . � �{� r � �' ` • T�" `�T ' I � ' ,�1'���. u',�
�i/" i►��f����,1�� _I� t/� • I'r _� � ��,',�.,� :�� fY p ��x��' �- - � '���; ' _� �� �. .r '"+� fZ� � � - '�� � ��
'�. �a�„ ..a� I !"",,,...y [� �= �� .� _ ' 7'M►�:. � —'1� .� i....l ���J ,n., � ^� � ' f � � �` . �. ,.,�' 7- �, " ^ �,"��� I `.. '
� { �I�"/, ' M� _ . .
�• �► ��-� - � , _.. � �, 1a1�[ �' � 3� - �� -Zi � �, ?t'� `-� i � � l7�`�. - I --� .:-S� ••� 7, ~ _�� �� ./ �� 1 ,p� � ��i ��= `� i
�.,�`i,,��,-i�:-� y,�c ., -r ��;Ait�, � �,�`_` - �_� 1� , �' .+�t� �`�.� ��� i,:�'•,,.,'1� �.�� '�,��� �:_.•-� � � ,�� ,s;!"# � - . � .i,� .-�. .r "4 .�: �,� � �� a--
�� E' - � . ,� '.� �i r r , q�.�.L��.• ,�/►'I /' ;..w.�., .7� � � ,_ � ,'�+ � , .�._ �, " :�
'�rt.1 1 �a��F�� �� A 1� .,�. '7i .ra.�. �.�� . �`�. � ���� { 1�, � _, � `�.*:-�1V l � `i���� � I�y f}�.�� I '�~`'<�' � /tl� ri� -� �� `� (v�J
�~'� t�� ���r ��'�� .�b.� ��' ���!L'� }, � � - � ' � -r�� � �.' � � , � ' •,. ��� - • �� A� '•1� 7�'
:'1 ... , �� � 1r7,. �=� � .•�`� -�y _,� �. � ��1�_
�� L - ��-!' �r �+���• .-t y� ' •.�� '� � • - -1�� �- -' � .�t, N � , � � ��'�r�.�, - I . �` • v!� �►1 in"T�. � � � �� � � �� �.Ij \� _ �r�.
".� (,�.� �� . /� ��_ r i� L � . � i� �,t�r.1'��-- .� � � 'l i ...��.o ', ./ � •� -\'--�� • �. �, �'T" � •J ,, � �s�S �- � �9'.r �.
�r� ' - �1 �1 � w-�' ��r; .� . � ��' � � � ''��•`'�� � O �, �� � ! ;`' . .'� � �.� � .,♦ �_ _�+�� �'�� �t� t�.74�T�� �•Y r11� � }�4i
� '•� � �N 1•�� � �F 'I ( • �� :� • �"'1 �r '� a� _� p � � I � '9.(��` `"Yr � , ��' � 'i.. (p. `��(`�� ? .115��
`• '�5 , ' '�i r �-�'� -�� �L;;.�r: �. � , ,.. ,. • '�(�.^ 'r.` '�-���� �,., � E � _ �� _ _..��� �� '�'f /�'�,-. �a.v � .,E,,�� '� ���; —, � '�.,�
�' � � • -: 1� �'.��+ .���� _ • �;. � I � - -- -- •- �Y I - i . . � �� � 'il. _ - .. , "� � .
� � ,���i 1- j� i• r~L � j � �� �� �r�., �Y _ {-�1 � �'��} ��u•«� I '�'� L • f� .��� ! �.L J ����L � I� �4. h����j�,�lr�-. � `�:rt•4�, !� r ;�'���� 1� � •�
���..T R ��`� � -a�l ',_�- �"; �a � �� � . �:s�f��r , ���: 1 ` �C'�'�1 �i; ��= _ `� ��� �-. •af , �.�r - �'' ,•-�r ���/ti�. ,� � �''; 1_ P �,
� -� �� � � ;`4 i,�l� 5lkl�l�ui '�'4=� �" � 1 �',; '� '� _ , ,..'.1 ' -� �� � � -r ' � rr =�rr'--� �-, � - �' �I'1-�',I' �`L� ' ' -s � -
L '!'�. � -� �• -- � j L � , � __ �. . � , ` � ( !" _ - � �� L �— � �. 1���1 4.._ � ,� !I r •�T ' . '
` , � . .�r 1��v�� •
F� 1;���,r,: �Y'_i�F,.� ��t�� r-��' • t+��`� 5 I� �e ��� 1 �'� .r..�' tii�� ����'- � �� ��� •� � C' ��_ /.� r�'r . .�..T �1.� � �� • � . �
' '�� i�_ .�- �sj ��{I : -�r'ai: i � ����j+ _ ��� � ` - �_��� ' •-�� ,fy'�.', ,�� '�"' ;1�, +r►�I:Z!�"J�_V .���� �� ,i• ��� , �1��1��1���� iLr.. ,' , 1 _�;
;, �- � � �.- • � r y�,; � �� � -�� r 1�_ � � , _ , �� ,,_ �;.�.1 , � ..� ;_ -�;�-�,�� ''--.. �T. � � � � 'i� 1� t l • .'", . .�
i� ���.; ��I,� �•,1.�.- ���► �� � � ,�'\ i �r, �� _ �� t�� ` ' �� ►� 'r� � � , �. rI I s���.�� � AlT�� �� ��1'i� � ` �� �-. .
,q 1 ; �: ' i��l� `'�i.; .'�'a'���• '�'i� ' � i' 't. , ��• � I�L. � ��r s �_� ' I � ��� �� ��J � � 1�^• .�� ;1�' ! . -��,� �� lI ��� �� : ,� ��,F ,�� �, � �r�
r'�i�`i�,`,ZIF2 ' ���a�� � I; ��� ;.,, �� �R ,,,,�I �, �� � - �'"����� --T . , . -i.i_ �. � � S �i�.� ��..�•��� ���I:���• � .' � �.'"; I.�;'! ,��� �I1 . i� t '� ` 'i
- _ ' ` " � lil� `Vi7�itiSt - - '"' I►`1� SC��ilr•'j�' - - ' " . � • .. � ' � 1 L � '` C .
� �1-� / 41 I � �` ��• � � 1• 7• --� � � ' � . ', . �� �• � t � �� , •� _ � �•-• t. •, �� � �
3 ��I '-r. �?��! � r V'' ; � -�_ �F �:y � L E '* . � � f�� 6,500feet E ' -' � • � � x�=�' ` � � '*': '�•'�. � - �' . !. � � �
r � --...,_, ., .�'` � _� ; T; i `•�' '� �- -�� �''; .3- , , . y `r ��- __ � :i��� - .� ; � � -�
. ..�A : 1 $� I ! � F . - � `�' ,. ` ,!�/ 'v� _ [ ',, � � ( -..t yl-`•,r.! J�� i �'; .a�'J ` jiy�t,.�/j _ � �..�,,.�T,..��
������� � ��`J � ���/�����w� t r ` 1�• ����7' ►� ".�, � ` ' �\ �7 " ��.�i � � i� �'dt '�` � ��� � . � A�I��A/ � �I � ,�e � . �1�
�{�C ''-.�i; ,F� � l.� �� � r �� ''�-�°�� ����✓r�,�+� ��.►i�` �7 t:' ,�� !; t '► �' ;���1;1) ��» � L �� �'��� ...-' _�C� i,»lrr ". i '�����....�� t —'� �
,�r� �. � �
�. - t r ,�v � 1
�J '� j���"°�` �''�:. i��'r; ' r�'` ' ' - •� ' �r►� 'lt► ��,•�r1,���e � �•- ���'w�� �SMI:'� ••r '�,i� , p� �• � �
„ ► - �. � �'l �}.. 1 i " � -� f�'� . .� �► �d�.i• ■ ,• ��. '1JIZ�F��llal � {-� ,�i'7 ��i, q r. �. ����•, ���� . � !�~� 1 .r�T"'
`to �: -T , �` t. � �� �1 J� � 3 �� ��,��v�i-� '1 � '� .�Ri- ��1Yt��� �„__`• L..- w . •'! ) � ,.�'
� � r /i �[ f �'•I ♦ i � ���' ... l�. �,�,� �+ � r ;t� L'
{ � - � ' �� . , y� *-', � �'':',' ���.�'.1'_.s�� �r. �' ' \��• .-�• '�'1��;,�,` � �('����IA?r . �'u^... -`„�a,+, . ��C.� .."_��. ; ��.��7. i �'�' �� Al�
•., � `� �f� �, ! . '�,. 1 yt. , . �- -_ '' •�' x ;I�YPI�iI>.'1C L1✓�.� �� �•
���� � .� . � ''=� -��' "' ��, � � ,.�` � �I�S b � 'K .. .� .. �� - - . r.- � I '�l � �:
l-' � �` : _ I. �. �w .., �� �_ - r`~� ��R ��' �J:�T7
�j1 � � �~ � �!� ,'t, ' f �� � � � ��f�` •.� ���� � �� � ��`'��C�[Y�.il�_-r��+qr � � t �,�� �� �• r��'��;�� -'� � ���
�, , ,� ••• �, - �1_-- �l,,��^)��, ��� � �� � , � � �;,. ', �' �1; �� �' /��r'�:!��:7 Y1 f�"�1•',��r��--r• S -, �'';`'_I�. �.��1�' "��� '�'�. + ,����
�� �� ,�`� � �� y 1
-.� �,,, ��'- � �^� I� 'yr � ...s.+� , � �-� 1� �� ,n �� � �J�,/_�� ' - •- . �r �.�1�'�;j�si . . •�� ! tj� �f .1 i���J� i� ��N�� LI�,�
. ,�1• - � c►�' - , . � �� l� ' F ► r 'f �F ��,.,y
. r�►. �,, . ��.�,,.,a.. . � ,� -- �. ,. �' . . , � ��� r.����;� c����r' , � , .
���� ---..�.• , �, -f- �- ---,--• � . .' �-�i 3 ,;; .� -.�� �. �.• _! � r_�. > � } `� r � ��=�'n� �� �f� T,�+N I'�A
_ �-�. � 1 :.�; ,;���;; � � P\ ;, t�; ":z ��y. �r � *..; ^' � f ' ''�� �`}� �,,�,;� �J�'�9�„ - - ' ������w�►.��. ,. ���� _ 4 - - - -����
� � �. '� ���i��i Wi� � � �1 'w • y / \' �.i►-'� nPi 4,. � . �r• - �lf�� ! ' �
.� 1 �� , � .� �..�. _.... , � �� . � �� ,.. �!.-. �. , .�__; ��, �, , � �� � . ,,. �_ r ,
,�. , ,� t � • , �• � �-;� �-�g ,_ _ � . , / � __ ,�,�j�� , ��''!��iz' ,���� "�''��
' .�� � ���1 � ��r{�. �� � � � �� � ������ � ♦ . �� �� �i - ,,� , , � o ���. 11�� - • �� T �. ' ��.f, � �'� ��--� � �
��• ,�� I� ` �+-„ 4r•1,�� 1',I;li �.1'r�� ��,� � `�'i� _/' � , �1�1� , � ��4 ,S���i����-� ��� � � �� �'Li.����� *�c.���(��f u ��� .�� ►L • �_ '��fl�� ��
�.' ,.���..��,�r- ._ f � 1 rr:�i i _ �
� � ���• ` ����`:4���!��) �"'�' -��. `�i . - �,�. ',� % �.•� ��;T�w ���_�� � �'1 ����� � �`����r'��=.f.'�t"F�=r *� -� ' __..
�� • ' � - '" ` -^'-� � - ��, ' ����, � r �� i � r ' ��_ �►��a'ti��{�Y��n •� ' �� I d—,�� � , �-�` •o���
'� "'�f'^. �y-G y .. "' 11'1�5 UI�1��" �� �'. � ' ` �, !+�•� �,:'� ,�, �' �i[- ,� F -,
� �`a. `� �1� � ,� �i �eT. � ' �i - . r �. . � j i�• � T- I�'�r �1.. - � /�`� 'p��- ,�' �����!i�%'.,.�.��1--'�,,.`� 'T�'�"!` . 11 �I�i^�11r.:-.-
l+l,1 �r� �����t ,�� �:}�-"����.�,Ij��. . r' �• ► ' � � `-�� '• "� ����'�� ��N�; '��'�� ����'�7��I�Iilr����`ir�' ������������1�: �I�s�����G
� ,� rr , 1�17L �.�r.� L.i�.r f ll� . • i l �r.1��. �� ? . � d.�. ---w ���� Sr�c�ti��c�- -- — -- � - -- -� - ,� . � -... _ . �:��'....
N
i, i � • � •
� ��� •
• + �q.� �Mr.��-.►+-� �r- ► . �n.-� �.� i �
,� ,
•:r •
t � � I T �'!�i!►('�s r ��•� � �
' � �I " : r{►��r'!s'MM +�1�''1�/,�.r � .,-+ , � �
�� � •!� �.% �F i"11;�`��N�M-�u1 r�`�,�1� - , d.
1.� t.� / �
�y+�� � � 4 i � ''..� .r • ��M�RI�.��.�r�r! r�. , :�: r !+ �
� _ .f' (,�.rn��_r, � �h1:1,t�� p.�.', � «
! ��
t�' ' .'„�„'S �YMr�Ml�1 I�MI"' �-
� ..
,� � ' • �'`i� 1• P�I r�'�'+�► • ' .
i ' - l. �
, �� ' , . �-!r i N�" �! • L -♦
15 � �� .�'� � �. �7�,..,_,��c� ry�•�
_ . .7�')• , 1 r��� `.•�,iy� ��(/�Cill1.°JLYJry1.
%•T � � i+i,�,' � �, ���v �110��liSo�UUiHI
y .� , '��' ,:t��l�J.. . �
� - � -_c .— �j� �
� � .c 4 V^�) r�� � • . �
t � - , � 1 t _�--��.��.-r.-. , . �j� �" f �I
.� `a � ��� �
�` / -
. � � I
�
r..,— '_ �` � � — ,1�1��►�.tt`�__._...R«��• ' , I, �.
� � � � �� .I '1
�-+ S _ , . �. �r �
�p; � - . �r ,
�1��� • : .. '• ti` �1 1 e� � I
,-�— . �
.. � � , I.
� �� r� . � ;l .. �• .� .
J `�
� , � U � • � �� `j�
`� . —..-� � � —�� , —�_-�. — — — g
- - - - - - �- �,�, . � � ���
— '- - - - - - - ; b *- � , , , �. :. �°� t ,C. ` , E ►
, � „ �'i� � ►- LL— � • J1"
►�_:r�; _ � ►� ��� � I �
.� J � � . _ � , ,�.
,� J � •. ►. ��, �• ' °'� . I�
� �. ,� • - �
r f � ,_ • ` �J _—�� .
�
r '' � �• ,� :1 � t�� r �� ��--'� � �'
i _
� • � �,'� ,1.. � � M' � �{ �1 � � / ... �
6.: _ � . '� i . � ' �_ ►
� � � � r � ' , 1� � I•)��� . -
7� Q� `e�' o0�_ 1_ 0 `, '�� ;� � � � I
�� ,,h j _ • � � �-. �
: �� .1' , I— � . ♦�
�� I
'`� t ' �— '`��� t '�r `��♦ �� I
:^�� �� � ;� �. r� • '? ��r�-� �•
;1:_t��y,ti " "- . � �►.� � � � .�,•h'=`, � .
� � "� £ �i �� •
Y ' �' ,t s: � �_ � � ,' � . t , ��
_ , - r �
s�: ^ --,� _ . �,�.� ,,�''`
.� � ,
� ;:. . 1 � f ,� ;,� .'
0� 9� aa o00 — � oo .. 9 00 . , _. , ,•
� � ' � I l�i' � �! �-s'K Iy'
, . . �. �.-�� �r �• .1 � w
� Exhibit A e � �, ,-a F �� ��.°e=e2,�
��,e �,� , d� ,6����,�e
.om r �niu:ncE r�i. u�rno�m
Legend 3�a�amy=n�=,e�rezc or mp xe ac:o ne wrrene ceq�en:e
�S e a t t�e � �Te:nesc or wTc�ete�xcs o•my ot:nx aaa c�o��ioeo
a�ine U�4CE,' :•I_es agenM e ��:jees o �a�5
0
SIN I 36:�1nP�:IID�II'j Y]n'j�]:Y�2".']�j ET.r6.OmI6f10ri6.0�
� • Tem ra Road Easement ,u`J"`ti2„�'0'0'"a�s'°•,'°"'�"'«.","'^`�°`e'
� ry rnx d5+:= [s:ce� aqens,emc�q�ees or cer:ants snan
Perpetual Fbod Protection Levee Easement T'�ea�'���'�e e���
�,,h� . ��e m"�,�, ���a,�,
3i�:I�'.—nd11M^.'p32 N�fili2tl�2�?.5 Jfi�J T26P'ndp6
. � Q Parcels ;o:sba_,�.�a��„e�be,a�s�:���e,.;�,„.,o,,,,s.,.,e
eu�iucy aa.�o.�eages;nr.�etne ic a.�are m arq agrexc w�e
_._'_'�ITi�7 �, _ co�na�y Ins a�acmrner ana ag,ee��m to pre�errt�ny am�o.
_ J Section aena�a m any na:��e againe nx u^,iC�,z omcen,ag=ms
^I emmo�eec o�urvan:e n any c.um���naaoerer c�any mRages
(yJ �]N2�'�]tE0lVC W!mi:!l6u�l�l�m 0/may�![lu5ltl n
����aay oy me uee c•ne rtuoc mo ascaa�ea ar
Path:0:1TR1cadastrallOrgProjectslCostshare12026 Levee RehabsVGnglCedar RiverlCedarRivecapoc
Da[e 30 Apr 2026
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
CED-O 1-26
APPENDIX D—DAMAGES
��4 =�
z ;� �� � � �
e.., t��s - � �� ��
�yk1L,��� c Y l �� : _
�:4. . � a i '°4'���a ?'1 .� ,�� ��,/ �'
��� � � ��� �� E � -,,'��*�� �r� ��;
r � , � + � st � r s �f
S : � �b� �,y � � f�����qP J:
+ ;�� + '� � ,,� ��T aa 3� a t �^kt
�.� � y.'k � A 1 " c''� q �
�
�u. ��`"� �. J �r "� l�' �- � ���
i�, �� . . t� l� a»Y�e._�. �.z�:��"�, a - ,�� �
n. "'""i. ,$ tR .��6.X4
' �r � k``� �
;� k:�.. .. , _ �k .-' �£ y �y6.�,, .�.
d.{t1� -•�wy .�� . � � " ^ d. �'9 5' ; �� a1
�lE, �.� 1 ..� � ,� �f^�'" � � ��: �f'{� �I �.' `._
�t ...•� � �V C �. A �'h.: ��+,� ..s; } «� � 'df''�,r
� . h y� <� t��f�i' . a'�jt' � �; _ ,� z�� �..w.� ;��.�
„q���,..��h� -.� ,��� •y�.� �, "+ .F '�'�' tw �..� ,pw��.: -.
'�.° t.� .,.�, .5d�1' l".'„ 4<. .. =.r^.M�,�ays�_,�,�
� � �� �Sp�
. �� � ay��.�' �� ���* �y Y
- _ � �� .� . �-'� ��
s_ , - },� 'J`�IC ��h-=w,� �4,.; ���.� ''��. nrA� . � �.
��f /r � .�F�+rk� t � _ '� �.. .A
i � �t �
�r 'u� �Rk���.'E� rd � � � t �3{ 3 �� . 4,?
P y,�,�,��� " � �, ' s i �� s��p
'� � 'S�.$� �� R k �M , � 4 ���att°` ,�`'��; a,�
��., ���',S �";'� ��, R ��;�a�:`���'�� `� � �s;
, '�,� ��hg" �, j �n > � �a �'�'��\���3�::
�� � ; ; ,� ; ; ��,, ��.`�,��; ��
:tr n �� }rr y t �� �irw�'` ,� {"` bt` ���µ`r`� '" `'�'��° ���` ����
'1,v� �:`�+' y '.�$ v : �,,�,rR ��� '( f c" .,v } \_; 'ki,i 5 3��. ��e�
�J�C i i� ..�i � _�`y. ,�9' \ �,4�\
x, i � �4ti �� �, a �;� Cr , � � �: t; y� � :: �:.'�
i�r`rzx.'s�:,� . , �.'��al� ,!'Rl.z�d'.;�,�.,.i}���es��_�� ,.�'s.?. ,..�;i'��.aey��,t�a.�.: ac�L'as:' ��
Photo D1: Erosion of topsoil and vegetative cover near STA 37+00, downstream
oriented.
�_ �� , '
;;•�k;,.
, �,,;
� �' � ��� � ��� . ���
� � r �: ,',
�� k��,
�, _ �� ,� ��- ri.� ��,,, '-�- _�s�,_.
�� .'�;>_ � F;,�
� m.�.} ��
_ " _ � �'`� k c � t��� = -
'"?.Y�L4-- ����� � r :.aF'seA t �I- _ _
R� " AS.:�+�' �
_ p� �i,�_� "��� r
_ �'�tlT'i '
, t��-� - ' .' . '� .
/ ____ ` .1 . .��A.`^� �.' I__'��.� aL�._ �a.��` 'Y
J ,_/ \�' �,- ;�`� �, �.��T`� �. °� v1 �c` � x�T-
.�e h
� h!'Q'i , i -:�"- .^,J*ir.,,jT� �5�.''y .h= _ .
t� �`°.�4
� "" �'$���JH �y.j�.�py�,jr ''�WY^7 F c ti��'�`b�.�.^F
� i "°;:si' '�� � ��•� �� �� N
;,� a",-. , ,t�`��- „o.rz'.�� '�s�,��y" � , �
� � r
�'= y�M�,�y �;�" �¢- � : �� �''�` �,�`� .
✓ �,�t `
p„�"'�'�- '.��^` . �., *'��°�'�.��' 4'�",�`�' �,.�' . '
k ; �.f��° � ';a�� �{+ -
�� �"`..xa z_ .__. f`!'x�:��� _..�n.w��` - .
Photo D2: Erosion of topsoil and displaced riprap near STA 39+50, upstream
oriented.
D-1
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
CED-O 1-26
a
� t�� �. , a �..
�� � �x�
� �
, s
�r J I J l
yp ,��.,�` ���s ' / p� � 1
T . +�x � �:
r {;�, t ,;'i' �^ � �-� y:
�,(} �j,� , � ' � � � � �
,�.,���.'n �.f? Y1 ',l,�` �
� ' �� + �
��� � � � � � �i �r .
� i 'l�J. �t ��� . i_� �t r����" i
� ' �rmv%�
�i;•
g'y���},p� �" �F
� � � �r^ ) t�I"�" •f � � '��� �,-�'.. �._i� � _
�' {'��.� �lv � : r �.' f $Y+�:�.: ,+`i � f .
� l `� �p �. �-�x Y� �y�'? �� `� d� ?
�. �� f,� ;; °v y�``��+ <' �, .,--,� � �`` �' ;b/e� =p ''°
j�.. �..�'' a: _- ��r�' .'- a y y. �.•.
� x� e4��;'�S +� t �� .. fQ' �� . � c��:"{.
_.� ''��� >rt' 3� �, d.-
� F.__ > ,�' �.� ���1.v� :w':ss! _ �"_..
.e.e�r'". ¢ �� �!-�� ' � �, =
w r �,r-`�''-y..4r .+� s� -Y�',..
'r .:i �r/x�"�" �+�''!� �i ��-�y �� � . - ..
.� -ZY ��� Y N" / j . ., . `�'�
��'iA ���'^� .. �'`�yX�'"� �d{.u�.� � ��`�,,�.:;`�a, ��+=
y' ,Cj �'"�� a� '�. Ks.�, �,
:�"�� ��� �,���s�� �� �''�_''�"' ` p�c'�. �`�'�
r �1� �-�`'s-f :"�` ,� ���r� 1 „ ,
x �. ,�i ��.�r�` :,7�..;. .�%�-, .,,,�,��.� i .��y;,
� .�' � a,3 vf�� � �: 1 :'�'v
` 1 �:.
�" r� :�' :i �•- �„�,1�
.reµ ,r r' ,�� 1-.: . :.�, � .. .
GS ��:Q � ,. ., r � ��- ��. ;.d � ��','� `��
r.� 'T�K �; � �#
.� 8n�" '"�� _ . � �� �
:-� ''V �C 1� ��
.i. l.e± �. .
Photo D3: Exposed floodwall footing and displaced riprap near STA 41+00,
upstream oriented.
a �" `�`r�� � �� , � � `a�
���+ i ��. 'lI4 �1.i1 � :�; �SiJ� �„ �el.�'
� � ' ' ���� �...'. �:� � �� .^ � �
y �
j� �}p
{1 1 �+ 4 ,� 1 IID81r{�
I
� , �t 1"� �� tl ,�I�d I I���I� 1 fla i,�l�: _ "� '__ �--'.n
,6s�:�
; - �}�r _ -
sr
�� '" 9 ; ���'a .i-' �y"�": -_
< � � �'1 -
r
��` `�ira' A E �}II�� ��� � � �$� ` � ___
� w �
� ��, � � .����� .I�. . . �` � '- � - — ---
�n. ,;+. � ��� '��s �� ���,. •-- - — -_-
� � �.:
� i� . .,y�, ti -S,$) ���'�" �, - __ _ _
� �,: �'=� o .,- L::,.� -- - _._ - � -
` �j �e w Q,�a+D ��'�=:,�,��TtL��:.`��� ' - - -
- �:.� �:; ""�': s .- rysi�;+ . - -_ � - - -
�- � �.ti� _-
,;_� s � . �a -_ � -_ -
i��, ' L;; — _
V.' 1S • J - _ _ -
4 ,S Y�'�S � �eu . �t. � _
�..S 1.y'= �� :1i' ..
�.� ��� ' . �, � c�ye- ..'► . _ _ _ __
� ,;,�R� 3,�� ,.�,:: � � ��� _ -�
¢ 4^�t c�'�t^'.�,s : �� "�p s {:. _
�,�,'g : r '"- �"z*- � `�741 ��� �� --..� -_
4F,�(v t�A .'-4,� ,y -sz,; � r'�.r - ..
�3"��r z� �� -a � Yt � . .�fi � ��'i1 :•,r ��� �.r�` . -
C� caaCAYk :�, �p� '.�4�,-"', �c>� ..
t ,
a z.. ,�2 . �' . ._
� n �'� �` a `! � - . _
+�
�
'� .�.� � '�'� � "; ���,.Y�����J�� #�I �,.. __.-
,M-' ? r r� /' - -
�'�� �.`�'r'a-� - u. �s,ti x'=: � �� �„' ��t�g"'Y�k - �'�-.,`.
���.F_ `� Y�.��'��}`..'�.'�l a�
�+y.w;7:r�:...._ �::sic«. ....�..c..x�. :rr..,. ,.y.., .d�.,..�.,.,, �"#.,�.>'t.§�-��'y�.��,�.."� ...Il .
Photo D4: Erosion of topsoil near STA 43+00, downstream oriented.
D-2