HomeMy WebLinkAboutAgenda
AGENDA
Utilities Committee Regular Meeting
4:30 PM - Monday, June 20, 2016
Council Conference Room, 7th Floor, City Hall – 1055 S. Grady Way
1. Thunder Hills Sanitary Sewer Interceptor Replacement Project Contract
a) AB - 1680
2. Cedar River Gravel Removal Project Agreement Amendment
a) AB - 1682
3. Sprint Franchise Agreement
a) AB - 1686
AB - 1680
City Council Regular Meeting - 13 Jun 2016
SUBJECT/TITLE: Engineering Consultant Agreement for the Thunder Hills Sanitary
Sewer Interceptor Replacement Project – Design and Construction
Services with Stantec Consulting Services, Inc.
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Dave Christensen, Wastewater Engineering Manager
EXT.: 7212
FISCAL IMPACT SUMMARY:
This agreement, in the amount of $313,700, will be funded through the approved 2016 Wastewater Capital
Improvement Program Thunder Hills Interceptor Replacement/Rehabilitation Project account (426.465495).
The project budget for this work is $400,000, with a total 2016 budget of $700,000.
SUMMARY OF ACTION:
The Wastewater Utility needs to replace and rehabilitate portions of the Thunder Hills Interceptor from its
point of beginning at Grant Avenue South and South 18th Street downstream adjacent to Thunder Hills Creek
until it crosses I-405 to Benson Road South, adjacent to the Sam’s Club building.
The Wastewater Utility completed the alternatives analysis portion of the project in April 2016, which
identified the work to move forward into final design and construction. Stantec Consulting Services, Inc. was
selected through an RFP/SOQ process in 2014 for the initial alternative analysis portion of the project (CAG-
14-052). Based on their knowledge of this portion of the system, and that the alternative analysis included
development of 30% preliminary plans, the Wastewater Utility would like to continue to utilize the service of
Stantec Consulting Services, Inc. for design and construction services for this project.
The design work is anticipated to take up to 18 months, primarily driven by the complex array of permits
required to work within the Thunder Hills Creek sensitive areas. We anticipate construction for this project to
begin in spring 2018.
EXHIBITS:
A. Issue Paper
B. Vicinity Map
C. Engineering Consultant Agreement
STAFF RECOMMENDATION:
Execute the Engineering Consultant Agreement for the Thunder Hills Sanitary Sewer Replacement Project –
Design and Construction Services with Stantec Consulting Services, Inc. in the amount of $313,700.
AGENDA ITEM #1. a)
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:May 31, 2016
TO:Randy Corman, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, Administrator
STAFF CONTACT:Dave Christensen, Wastewater Utility Manager, x7212
SUBJECT:Engineering Consultant Agreement for the Thunder Hills
Sanitary Sewer Interceptor Replacement Project – Design and
Construction Services with Stantec Consulting Services, Inc.
ISSUE:
Should the Mayor and City Clerk enter into an engineering consultant agreement for the
Thunder Hills Sanitary Sewer Interceptor Replacement Project – Design and
Construction Services with Stantec Consulting Services, Inc. in the amount of $313,700?
RECOMMENDATION:
Execute the Engineering Consultant Agreement for the Thunder Hills Sanitary Sewer
Interceptor Replacement Project – Design and Construction Services with Stantec
Consulting Services, Inc. in the amount of $313,700.
BACKGROUND SUMMARY:
The Wastewater Utility needs to replace and rehabilitate portions of the Thunder Hills
Interceptor from its point of beginning at Grant Avenue South and South 18th Street
downstream adjacent to Thunder Hills Creek until it crosses I-405 to Benson Road South,
adjacent to the Sam’s Club building.
In April 2014 the Wastewater Utility went through an RFP/SOQ process to select a
consulting firm to perform an alternatives analysis for the Thunder Hills Interceptor to
evaluate the existing condition and capacity of the interceptor. In addition, the analysis
also looked at ways that the Wastewater Utility could better access the interceptor to
perform appropriate levels of maintenance for the interceptor. The analysis was
completed in April 2016 and identified a preferred alternative that includes relining
portions of the interceptor that are in good condition and well protected against
damage from Thunder Hills Creek, replacing portions of the interceptor that are subject
to damage from the creek and providing a significant access road system that will allow
AGENDA ITEM #1. a)
Randy Corman, Council President
Members of the Renton City Council
Page 2 of 2
May 31, 2016
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our maintenance crews direct access to the interceptor for maintenance. With the
completion of the alternatives analysis and a preferred alternative selected, the
Wastewater Utility would like to move forward with the design of the project.
Stantec Consulting Services, Inc. was selected for the alternatives analysis portion of the
project (CAG-14-052) with the expectation that the firm would move on to final design
and construction services if they performed the initial work at an acceptable level.
Based on their knowledge of this portion of the system, and that the alternatives
analysis included development of 30% preliminary plans, the Wastewater Utility would
like to continue to utilize the service of Stantec Consulting Services, Inc. for the design
and construction services for this project.
The design work is anticipated to take up to 18 months, primarily driven by the complex
array of permits required to work within the Thunder Hills Creek sensitive areas. We
anticipate construction for this project to begin in spring 2018.
This work will be funded through the approved 2016 Wastewater Capital Improvement
Program Thunder Hills Interceptor Replacement/Rehabilitation account (426.465495).
The project budget for this work is $400,000, with a total 2016 budget of $700,000.
CONCLUSION:
The Wastewater Utility needs to upgrade the Thunder Hills Interceptor and its
corresponding access road along Thunder Hills Creek in order to best minimize our risk
of an overflow at this location. In addition, as this project includes complex permitting
in sensitive areas and design of structural walls along the creek side slopes, it is in the
Wastewater Utility’s best interest to utilize an outside consultant with expertise in these
issues. In order for the Wastewater Utility to efficiently implement these improvements
we need to enter into an engineering consultant agreement with Stantec Consulting
Services, Inc. in the amount of $313,700.
cc: Lys Hornsby, Utility Systems Director
Hai Nguyen, Senior Finance Analyst
AGENDA ITEM #1. a)
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E1-2015ENGINEERINGCONSULTANTAGREEMENTTHISAGREEMENT,madeandenteredintoonthis_
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,2016,byandbetweentheCITYOFRENTON,WASHINGTON,AMUNICIPALCORPORATIONHEREINAFTERCALLEDTHECITY,andSTANTECCONSULTINGSERVICESINC.whoseaddressis11130NE33RDPlace,Suite200,Bellevue,WA98004,atwhichworkwillbeavailableforinspection,hereinaftercalledthe“CONSULTANT.”PROJECTNAME:ThunderHillsSanitarySewerInterceptorReplacementProject-DesignandConstructionServicesWHEREAS,theCityhasnotsufficientqualifiedengineeringemployeestoprovidetheengineeringwithinareasonabletimeandtheCitydeemsitadvisableandisdesirousofengagingtheprofessionalservicesandassistanceofaqualifiedprofessionalconsultingfirmtodothenecessaryengineeringworkfortheproject,andWHEREAS,theConsultanthasrepresentedandbyenteringintothisAgreementnowrepresents,thatitisinfullcompliancewiththestatutesoftheStateofWashingtonforregistrationofprofessionalengineers,hasacurrentvalidcorporatecertificatefromtheStateofWashingtonorhasavalidassumednamefilingwiththeSecretaryofStateandthatallpersonneltobeassignedtotheworkrequiredunderthisAgreementarefullyqualifiedtoperformtheworktowhichtheywillbeassignedinacompetentandprofessionalmanner,andthatsufficientqualifiedpersonnelareonstafforreadilyavailabletoConsultanttostaffthisAgreement.WHEREAS,theConsultanthasindicatedthatitdesirestodotheworksetforthintheAgreementuponthetermsandconditionssetforthbelow.NOWTHEREFORE,inconsiderationoftheterms,conditions,covenantsandperformancescontainedhereinbelow,thepartiesheretoagreeasfollows:SCOPEOFWORKTheConsultantshallfurnish,andherebywarrantsthatithas,thenecessaryequipment,materials,andprofessionallytrainedandexperiencedpersonneltofacilitatecompletionoftheworkdescribedinExhibitA,ScopeofWork,whichisattachedheretoandincorporatedintothisAgreementasthoughfullysetforthherein.TheConsultantshallperformallworkdescribedinthisAgreementinaccordancewiththelatesteditionandamendmentstolocalandstateregulations,guidelinesandpolicies.TheConsultantshallpreparesuchinformationandstudiesasitmaydeempertinentandnecessary,inordertopassjudgmentinasoundengineeringmanneronthefeaturesofthework.TheConsultantshallmakesuchminorchanges,amendmentsorrevisionsinthedetailoftheworkasmayberequiredbytheCity.Thisitemdoesnotconstitutean“ExtraWork”itemasrelatedinSectionVIIIoftheAgreement.TheworkshallbeverifiedforaccuracybyacompletecheckbytheConsultant.TheConsultantwillbeheldresponsiblefortheaccuracyofthework,eventhoughtheworkhasbeenacceptedbytheCity.IIDESIGNCRITERIATheCitywilldesignatethebasicpremisesandcriteriafortheworkneeded.Reportsandplans,totheextentfeasible,shallbedevelopedinaccordancewiththelatesteditionandamendmentsoflocalandStateregulations,guidelines,andspecifications,including,butnotlimitedtothefollowing:Page1of12Piazza/Datacenter/Forms/city/contractsAGENDA ITEM #1. a)
E1-20151.WashingtonStateDepartmentofTransportation/AmericanPublicWorksAssociation(WSDOT/APWA),“StandardSpecificationsforRoad,Bridge,andMunicipalConstruction,”asamendedbyRentonStandardSpecification.2.WSDOT/APWA,“StandardPlansforRoad,BridgeandMunicipalConstruction.”3.WashingtonStateDepartmentofTransportation,“HighwayDesignManual.”4.AmericanAssociationofStateHighwayandTransportationOfficials,“StandardSpecificationsforHighwayBridges.”5.WashingtonStateDepartmentofTransportation,“BridgeDesignManual,Volumes1and2.”6.WashingtonStateDepartmentofTransportation,“ManualofHighwaysHydraulics,”excepthydrologicanalysisasdescribedinitem14.7.WashingtonStateDepartmentofTransportation,“MaterialsLaboratoryOutline.”8.TransportationResearchBoard,“HighwayCapacityManual.”9.U.S.DepartmentofTransportation,FederalHighwayAdministration,“ManualonUniformTrafficControlDevicesforStreetsandHighways.”10.WashingtonStateDepartmentofTransportation,“ConstructionManual.”11.WashingtonStateDepartmentofTransportation,“LocalAgencyGuidelines.”12.StandarddrawingspreparedbytheCityandfurnishedtotheConsultantshallbeusedasaguideinallcaseswheretheyfitdesignconditions.RentonDesignStandards,andRentonSpecificationsshallbeusedastheypertain.13.MetroTransit,designcriteria.14.TheCityadoptedKingCountySurfaceWaterDesignManual,Sections1.2and1.3ofChapter1,andChapters2,3,4,5,and6.15.AmericanAssociationofStateHighwayandTransportationOfficials,“APolicyonGeometricDesignofHighwaysandStreets.”IIIITEMSTOBEFURNISHEDTOTHECONSULTANTBYTHECITYTheCitywillfurnishtheConsultantcopiesofdocumentswhichareavailabletotheCitythatwillfacilitatethepreparationoftheplans,studies,specifications,andestimateswithinthelimitsoftheassignedwork.AllotherrecordsneededforthestudymustbeobtainedbytheConsultant.TheConsultantwillcoordinatewithotheravailablesourcestoobtaindataorrecordsavailabletothoseagencies.TheConsultantshallberesponsibleforthisandanyotherdatacollectiontotheextentprovidedforintheScopeofWork.CitywillprovidetoConsultantalldatainCity’spossessionrelatingtoConsultantsservicesontheproject.Consultantwillreasonablyrelyupontheaccuracy,timeliness,andcompletenessoftheinformationprovidedbytheCity.Shouldfieldstudiesbeneeded,theConsultantwillperformsuchworktotheextentprovidedforintheScopeofWork.TheCitywillnotbeobligatedtoperformanysuchfieldstudies.Page2of12Piazza/Data_center/Forms/City/contractsAGENDA ITEM #1. a)
E1-2015IvOWNERSHIPOFPRODUCTSANDDOCUMENTSTOBEFURNISHEDBYTHECONSULTANTDocuments,exhibitsorotherpresentationsfortheworkcoveredbythisAgreementshallbefurnishedbytheConsultanttotheCityuponcompletionofthevariousphasesofthework.Allsuchmaterial,includingworkingdocuments,notes,maps,drawings,photo,photographicnegatives,etc.usedintheproject,shallbecomeandremainthepropertyoftheCityandmaybeusedbyitwithoutrestriction.AnyuseofsuchdocumentsbytheCitynotdirectlyrelatedtotheprojectpursuanttowhichthedocumentswerepreparedbytheConsultantshallbewithoutanyliabilitywhatsoevertotheConsultant.Allwrittendocumentsandproductsshallbeprintedonrecycledpaperwhenpracticable.Useofthechasing-arrowsymbolidentifyingtherecycledcontentofthepapershallbeusedwheneverpracticable.Alldocumentswillbeprintedonbothsidesoftherecycledpaper,asfeasible.VTIMEOFBEGINNINGANDCOMPLETIONTheworkdetailedintheScopeofWorkwillbeperformedaccordingtoExhibitB,TimeScheduleofCompletion,attachedheretoandincorporatedhereinasthoughfullysetforth.ItisagreedthatalltheConsultantsservicesaretobecompletedandallproductsshallbedeliveredbytheConsultantunlesstherearedelaysduetofactorsthatarebeyondthecontroloftheConsultant.AllworkunderthiscontracttobecompletedbyDecember31,2018.TheConsultantshallnotbeginworkunderthetermsofthisAgreementuntilauthorizedinwritingbytheCity.If,afterreceivingNoticetoProceed,theConsultantisdelayedintheperformanceofitsservicesbyfactorsthatarebeyonditscontrol,theConsultantshallnotifytheCityofthedelayandshallpreparearevisedestimateofthetimeandcostneededtocompletetheProjectandsubmittherevisiontotheCityforitsapproval.Timeschedulesaresubjecttomutualagreementforanyrevisionunlessspecificallydescribedasotherwiseherein.Delaysattributabletoorcausedbyoneofthepartiesheretoamountingto30daysormoreaffectingthecompletionoftheworkmaybeconsideredacauseforrenegotiationorterminationofthisAgreementbytheotherparty.VIPAYMENTTheConsultantshallbepaidbytheCityforcompletedworkforservicesrenderedunderthisAgreementasprovidedhereinafterasspecifiedinExhibitC,CostEstimate.Suchpaymentshallbefullcompensationforworkperformedorservicesrenderedandforalllabor,materials,supplies,equipment,andincidentalsnecessarytocompletethework.AllbillingsforcompensationforworkperformedunderthisAgreementwilllistactualtime(daysand/orhours)anddatesduringwhichtheworkwasperformedandthecompensationshallbefiguredusingtheratesinExhibitC.Paymentforthisworkshallnotexceed$313,700withoutawrittenamendmenttothiscontract,agreedtoandsignedbybothparties.CostPlusNetFeePaymentforworkaccomplishedshallbeonthebasisoftheConsultant’sactualcostplusanetfee.Theactualcostincludesdirectsalarycost,overhead,anddirectnon-salarycost.1.ThedirectsalarycostisthesalaryexpenseforprofessionalandtechnicalpersonnelandprincipalsforthetimetheyareproductivelyengagedintheworknecessarytofulfillthetermsofthisAgreement.ThedirectsalarycostsaresetforthintheattachedExhibitCandbythisreferencemadeapartofthisAgreement.Page3of12Piazza/Datacenter/Forms/City/ContractsAGENDA ITEM #1. a)
E1-20152.TheoverheadcostsasidentifiedonExhibitCaredeterminedas(perExhibitC)percentofthedirectsalarycostandbythisreferencemadeapartofthisAgreement.Theoverheadcostrateisanestimatebasedoncurrentlyavailableaccountinginformationandshallbeusedforallprogresspaymentsovertheperiodofthecontract.3.Thedirectnon-salarycostsarethosecostsdirectlyincurredinfulfillingthetermsofthisAgreement,including,butnotlimitedtotravel,reproduction,telephone,supplies,andfeesofoutsideconsultants.Thedirectnon-salarycostsarespecifiedinExhibitC,CostEstimate.Billingsforanydirectnon-salarycostsshallbesupportedbycopiesoforiginalbillsorinvoices.Reimbursementforoutsideconsultantsandservicesshallbeonthebasisoftheinvoicedamount.Suchinvoicedamountmustbereasonableforsimilarserviceswithintheareaofthesub-consultant’sprofession.4.Thenetfee,whichrepresentstheConsultantsprofitshallbe(perExhibitC)percentofdirectsalaryplusoverheadcosts.ThisfeeisbasedontheScopeofWorkandtheestimatedlaborhourstherein.IntheeventasupplementalagreementisenteredintoforadditionalworkbytheConsultant,thesupplementalagreementwillincludeprovisionfortheaddedcostsandanappropriateadditionalfee.ThenetfeewillbeproratedandpaidmonthlyinproportiontothepercentageoftheprojectcompletedasestimatedintheConsultant’smonthlyprogressreportsandapprovedbytheCity.Anyportionofthenetfeenotpreviouslypaidinthemonthlypaymentsshallbeincludedinthefinalpayment,subjecttotheprovisionsofSectionXIentitledTERMINATIONOFAGREEMENT.5.Progresspaymentsmaybeclaimedmonthlyfordirectcostsactuallyincurredtodateassupportedbydetailedstatements,foroverheadcostsandforaproportionateamountofthenetfeepayabletotheConsultantbasedontheestimatedpercentageofthecompletionoftheservicestodate.FinalpaymentofanybalanceduetheConsultantofthegrossamountearnedwillbemadepromptlyuponitsverificationbytheCityaftercompletionandacceptancebytheCityoftheworkunderthisAgreement.Acceptance,bytheConsultantoffinalpaymentshallconstitutefullandfinalsatisfactionofallamountsdueorclaimedtobedue.PaymentforextraworkperformedunderthisAgreementshallbepaidasagreedtobythepartiesheretoinwritingatthetimeextraworkisauthorized.(SectionVIII“EXTRAWORK”).Ashortnarrativeprogressreportshallaccompanyeachvoucherforprogresspayment.Thereportshallincludediscussionofanyproblemsandpotentialcausesfordelay.Toprovideameansofverifyingtheinvoicedsalarycostsforconsultantemployees,theCitymayconductemployeeinterviews.AcceptanceofsuchfinalpaymentbytheConsultantshallconstituteareleaseofallclaimsofanynature,relatedtothisAgreement,whichtheConsultantmayhaveagainsttheCityunlesssuchclaimsarespecificallyreservedinwritingandtransmittedtotheCitybytheConsultantpriortoitsacceptance.Saidfinalpaymentshallnot,however,beabartoanyclaimsthattheCitymayhaveagainsttheConsultantortoanyremediestheCitymaypursuewithrespecttosuchclaims.TheConsultantanditssubconsultantsshallkeepavailableforinspection,bytheCity,foraperiodofthreeyearsafterfinalpayment,thecostrecordsandaccountspertainingtothisAgreementandallitemsrelatedto,orbearingupon,theserecords.Ifanylitigation,claimorauditisstartedbeforetheexpirationofthethree-yearretentionperiod,therecordsshallberetaineduntilalllitigation,claimsorauditfindingsinvolvingtherecordshavebeenresolved.Thethree-yearretentionperiodstartswhentheConsultantreceivesfinalpayment.Page4of12Piazza/Datacenter/Forms/city/contractsAGENDA ITEM #1. a)
E1-2015VIICHANGESINWORKTheConsultantshallmakeallsuchrevisionsandchangesinthecompletedworkofthisAgreementasarenecessarytocorrecterrorsappearingtherein,whenrequiredtodosobytheCity,withoutadditionalcompensation.ShouldtheCityfinditdesirableforitsownpurposestohavepreviouslysatisfactorilycompletedworkorpartsthereofrevised,theConsultantshallmakesuchrevisions,ifrequestedandasdirectedbytheCityinwriting.ThisworkshallbeconsideredasExtraWorkandwillbepaidforasprovidedinSectionVIII.VIIIEXTRAWORKTheCitymaydesiretohavetheConsultantperformworkorrenderservicesinconnectionwiththeProjectinadditiontoorotherthanworkprovidedforbytheexpressedintentoftheScopeofWork.SuchworkwillbeconsideredasExtraWorkandwillbespecifiedinawrittensupplementwhichwillsetforththenatureandscopethereof.WorkunderasupplementshallnotproceeduntilauthorizedinwritingbytheCity.AnydisputeastowhetherworkisExtraWorkorworkalreadycoveredunderthisAgreementshallberesolvedbeforetheworkisundertaken.PerformanceoftheworkbytheConsultantpriortoresolutionofanysuchdisputeshallwaiveanyclaimbytheConsultantforcompensationasExtraWork.IXEMPLOYMENTTheConsultantwarrantsthatithasnotemployedorretainedanycompanyorperson,otherthanabonafideemployeeworkingsolelyfortheConsultant,tosolicitorsecurethiscontractandthathehasnotpaidoragreedtopayanycompanyorperson,otherthanabonafideemployeeworkingsolelyfortheConsultant,anyfee,commission,percentage,brokeragefee,giftsoranyotherconsideration,contingentuponorresultingfromtheawardormakingofthiscontract.Forbreachorviolationofthiswarranty,theCityshallhavetherighttoannulthisAgreementwithoutliability,orinitsdiscretiontodeductfromtheAgreementpriceorconsiderationorotherwiserecover,thefullamountofsuchfee,commission,percentage,brokeragefee,giftorcontingentfee.AnyandallemployeesoftheConsultant,whileengagedintheperformanceofanyworkorservicesrequiredbytheConsultantunderthisAgreement,shallbeconsideredemployeesoftheConsultantonlyandnotoftheCityandanyandallclaimsthatmayormightariseundertheWorkman’sCompensationActonbehalfofsaidemployees,whilesoengagedandanyandallclaimsmadebyathirdpartyasaconsequenceofanynegligentactoromissiononthepartoftheConsultant’semployees,whilesoengagedonanyoftheworkorservicesprovidedtoberenderedherein,shallbethesoleobligationandresponsibilityoftheConsultant.TheConsultantshallnotengage,onafullorpart-timebasis,orotherbasis,duringtheperiodofthecontract,anyprofessionalortechnicalpersonnelwhoare,orhavebeenatanytimeduringtheperiodofthiscontract,intheemployoftheCityexceptregularlyretiredemployees,withoutwrittenconsentoftheCity.IfduringthetimeperiodofthisAgreement,theConsultantfindsitnecessarytoincreaseitsprofessional,technical,orclericalstaffasaresultofthiswork,theConsultantwillactivelysolicitminoritiesthroughtheiradvertisementandinterviewprocess.XNONDISCRIMINATIONTheConsultantagreesnottodiscriminateagainstanyclient,employeeorapplicantforempkymentorforservicesbecauseofrace,creed,color,nationalorigin,maritalstatus,sexualorientation,sex,ageorhandicapexceptforaPage5of12Piazza/DataCenter/Forms/City/contractsAGENDA ITEM #1. a)
E1-2015bonafideoccupationalqualificationwithregardto,butnotlimitedtothefollowing:employmentupgrading;demotionortransfer;recruitmentoranyrecruitmentadvertising;layoffortermination’s;ratesofpayorotherformsofcompensation;selectionfortraining;renditionofservices.TheConsultantunderstandsandagreesthatifitviolatesthisNon-Discriminationprovision,thisAgreementmaybeterminatedbytheCityandfurtherthattheConsultantshallbebarredfromperforminganyservicesfortheCitynoworinthefuture,unlessashowingismadesatisfactorytotheCitythatdiscriminatorypracticeshaveterminatedandthatrecurrenceofsuchactionisunlikely.XITERMINATIONOFAGREEMENTA.TheCityreservestherighttoterminatethisAgreementatanytimeuponnotlessthanten(10)dayswrittennoticetotheConsultant,subjecttotheCity’sobligationtopayConsultantinaccordancewithsubparagraphsCandDbelow.B.Intheeventofthedeathofamember,partnerorofficeroftheConsultant,oranyofitssupervisorypersonnelassignedtotheproject,thesurvivingmembersoftheConsultantherebyagreetocompletetheworkunderthetermsofthisAgreement,ifrequestedtodosobytheCity.ThissectionshallnotbeabartorenegotiationsofthisAgreementbetweensurvivingmembersoftheConsultantandtheCity,iftheCitysochooses.Intheeventofthedeathofanyofthepartieslistedinthepreviousparagraph,shouldthesurvivingmembersoftheConsultant,withtheCity’sconcurrence,desiretoterminatethisAgreement,paymentshallbemadeassetforthinSubsectionCofthissection.C.IntheeventthisAgreementisterminatedbytheCityotherthanforfaultonthepartoftheConsultant,afinalpaymentshallbemadetotheConsultantforactualcostfortheworkcompleteatthetimeofterminationoftheAgreement,plusthefollowingdescribedportionofthenetfee.TheportionofthenetfeeforwhichtheConsultantshallbepaidshallbethesameratiotothetotalnetfeeastheworkcompleteistothetotalworkrequiredbytheAgreement.Inaddition,theConsultantshallbepaidonthesamebasisasaboveforanyauthorizedextraworkcompleted.Nopaymentshallbemadeforanyworkcompletedafterten(10)daysfollowingreceiptbytheConsultantoftheNoticetoTerminate.IftheaccumulatedpaymentmadetotheConsultantpriortoNoticeofTerminationexceedsthetotalamountthatwouldbedueassetforthhereinabove,thennofinalpaymentshallbedueandtheConsUltantshallimmediatelyreimbursetheCityforanyexcesspaid.D.IntheeventtheservicesoftheConsultantareterminatedbytheCityforfaultonthepartoftheConsultant,theabovestatedformulaforpaymentshallnotapply.InsuchaneventtheamounttobepaidshallbedeterminedbytheCitywithconsiderationgiventotheactualcostsincurredbytheConsultantinperformingtheworktothedateoftermination,theamountofworkoriginallyrequiredwhichwassatisfactorilycompletedtodateoftermination,whetherthatworkisinaformorofatypewhichisusabletotheCityatthetimeoftermination,thecosttotheCityofemployinganotherfirmtocompletetheworkrequiredandthetimewhichmayberequiredtodoso,andotherfactorswhichaffectthevaluetotheCityoftheworkperformedatthetimeoftermination.UndernocircumstancesshallpaymentmadeunderthissubsectionexceedtheamountwhichwouldhavebeenmadeiftheformulasetforthinsubsectionCabovehadbeenapplied.E.IntheeventthisAgreementisterminatedpriortocompletionofthework,theoriginalcopiesofallEngineeringplans,reportsanddocumentspreparedbytheConsultantpriortoterminationshallbecomethepropertyoftheCityforitsusewithoutrestriction.Suchunrestrictedusenotoccurringasapartofthisproject,shallbewithoutliabilityorlegalexposuretotheConsultant.Page6of12Piazza/Data_Center/Forms/city/contractsAGENDA ITEM #1. a)
E1-2015F.PaymentforanypartoftheworkbytheCityshallnotconstituteawaiverbytheCityofanyremediesofanytypeitmayhaveagainsttheConsultantforanybreachofthisAgreementbytheConsultant,orforfailureoftheConsultanttoperformworkrequiredofitbytheCity.ForbearanceofanyrightsundertheAgreementwillnotconstitutewaiverofentitlementtoexercisethoserightswithrespecttoanyfutureactoromissionbytheConsultant.XIIDISPUTESAnydisputeconcerningquestionsoffactsinconnectionwithworknotdisposedofbyagreementbetweentheConsultantandtheCityshallbereferredfordeterminationtothePublicWorksAdministratororhis/hersuccessorsanddelegees,whosedecisioninthemattershallbefinalandconclusiveonthepartiestothisAgreement.IntheeventthateitherpartyisrequiredtoinstitutelegalactionorproceedingstoenforceanyofitsrightsinthisAgreement,bothpartiesagreethatanysuchactionshallbebroughtintheSuperiorCourtoftheStateofWashington,situatedinKingCountyattheMalengRegionalJusticeCenterinKent,Washington.XIIILEGALRELATIONSTheConsultantshallcomplywithallFederalGovernment,StateandlocallawsandordinancesapplicabletotheworktobedoneunderthisAgreement.ThiscontractshallbeinterpretedandconstruedinaccordancewiththelawsofWashington.TheConsultantagreestoindemnify,defendandholdtheCityanditsofficersandemployeesharmlessfromandshallprocessanddefendatitsownexpenseallclaims,demandsorsuitsatlaworequityarisinginwholeorpartfromtheConsultant’serrors,omissions,ornegligentactsunderthisAgreementprovidedthatnothinghereinshallrequiretheConsultanttoindemnifytheCityagainstandholdharmlesstheCityfromclaims,demandsorsuitsbasedupontheconductoftheCity,itsofficersoremployeesandprovidedfurtherthatiftheclaimsorsuitsarecausedbyorresultfromtheconcurrentnegligenceof(a)theConsultant’sagentsoremployeesand(b)theCity,itsagents,officersandemployees,thisprovisionwithrespecttoclaimsorsuitsbaseduponsuchconcurrentnegligenceshallbevalidandenforceableonlytotheextentoftheConsultant’snegligenceorthenegligenceoftheConsultant’sagentsoremployeesexceptaslimitedbelow.Insurancea.Consultant’sInsurance.Consultantshallsecureandmaintainthefollowinginsurancepolicies,andshallnotcancelorsuspendtheinsurancepoliciesidentifiedbelow,exceptaftertwenty(20)calendarday’spriorwrittennoticebycertified-mailtotheCityofRenton:CommercialGeneralLiabilityInsurance:Commercialgeneralliabilityinsuranceintheminimumamountsof$1,000,000foreachoccurrence/$2,000,000aggregatethroughoutthedurationofthisAgreement.ii.AutomobileLiabilityinsurance:Withaminimumcombinedsinglelimitforbodilyinjuryandpropertydamageof$1,000,000foreachaccident.Thisisrequiredofallconsultantandprofessionalserviceproviderswhereavehiclewillbeutilizedtoperform,preparetoperformorsatisfytheScopeofServices.RentonmayrequestacopyofConsultant’sdrivingrecordabstract.“Consultant”inthisSubsectionshallmeantheConsultantprovidingprofessionalservices,aswellastheconsultant’sagents,employees,representatives,and/orvolunteerswhomayoperateamotorvehicleinrelationtoanyServicetobeprovidedunderthisAgreement.Page7of12Pi771/flltlCentpr/Fr,rmc/Citv/Cnntr,rtcAGENDA ITEM #1. a)
E1-2015iii.ProfessionalLiabilityInsurance:Professionalliabilityinsurance,intheminimumamountof$1,000,000foreachoccurrence,shallalsobesecuredforanyprofessionalservicesbeingprovidedtoRentonthatareexcludedinthecommercialgeneralliabilityinsurance.iv.Workers’Compensation:Workers’compensationcoverage,asrequiredbytheIndustrialInsurancelawsoftheStateofWashington.v.RentonasanAdditional-Insured:ItisagreedthatonConsultant’scommercialgeneralliabilitypolicy,theCityofRentonwillbenamedasanAdditional-Insuredonaprimaryandnon-contributorybasis.AnycoveragemaintainedbytheCityofRentonissolelyforthecoverageandbenefitofRenton,anditselectedofficials,officers,agents,employees,representativesandvolunteers.vi.VerificationofCoverage:SubjecttoRenton’sreviewandacceptance,acertificateofinsuranceshowingtheproperendorsements,shallbedeliveredtoRentonbeforeexecutingtheworkofthisAgreement.b.ReviewofPolicy:Uponrequest,ConsultantshallgiveRentonafullcopyoftheinsurancepolicyforitsrecordsandfortheRentonCityAttorney’sorRiskManager’sreview.Thepolicylimitsmaybereviewedandthevaluereassessedannuallyorasrequiredbylaw.c.Termination:NotwithstandinganyotherprovisionofthisAgreement,thefailureofConsultanttocomplywiththeaboveprovisionsofthissectionshallsubjectthisAgreementtoimmediateterminationwithoutnoticetoanypersoninordertoprotectthepublicinterest.XIVSUBLETTINGORASSIGNINGOFCONTRACTSTheConsultantshallnotsubletorassignanyoftheworkcoveredbythisAgreementwithouttheexpressconsentoftheCity.XVENDORSEMENTOFPLANSTheConsultantshallplacetheircertificationonallplans,specifications,estimatesoranyotherengineeringdatafurnishedbytheminaccordancewithRCW18.43.070.XVICOMPLETEAGREEMENTThisdocumentandreferencedattachmentscontainallcovenants,stipulations,andprovisionsagreeduponbytheparties.AnysupplementstothisAgreementwillbeinwritingandexecutedandwillbecomepartofthisAgreement.Noagent,orrepresentativeofeitherpartyhasauthoritytomake,andthepartiesshallnotbeboundbyorbeliablefor,anystatement,representation,promise,oragreementnotsetforthherein.Nochanges,amendments,ormodificationsofthetermshereofshallbevalidunlessreducedtowritingandsignedbythepartiesasanamendmenttothisAgreement.TheinvalidityorunenforceabilityofanyprovisioninthisAgreementshallnotaffecttheotherprovisionshereof,andthisAgreementshallbeconstruedinallrespectsasifsuchinvalidorunenforceableprovisionwereomitted.Page8of12Pi77,/ITh,t,rpntpr/Fnrmc/Citu/CnntrirtcAGENDA ITEM #1. a)
E1-2015XVIIEXECUTIONANDACCEPTANCEThisAgreementmaybesimultaneouslyexecutedinseveralcounterparts,eachofwhichshallbedeemedtobeanoriginalhavingidenticallegaleffect.TheConsultantdoesherebyratifyandadoptallstatements,representations,warranties,covenants,andagreementscontainedintheRequestforQualifications,andthesupportingmaterialssubmittedbytheConsultant,anddoesherebyaccepttheAgreementandagreestoallofthetermsandconditionsthereof.INWITNESSWHEREOF,thepartiesheretohaveexecutedthisAgreementasofthedayandyearfirstabovewritten.CONSULTANTSignatureDateErikWaligorskitypeorprintnamePrincipalTitleCITYOFRENTONMayorDenisLawDateATTEST:JasonA.Seth,CityClerkPage9of12Piazza/Datacenter/Forms/city/ContractsAGENDA ITEM #1. a)
CITYOFRENTONSUMMARYOFFAIRPRACTICESPOLICYADOPTEDBYRESOLUTIONNO.4085ItisthepolicyoftheCityofRentontopromoteandprovideequaltreatmentandservicetoallcitizensandtoensureequalemploymentopportunitytoallpersonswithoutregardtotheirrace;religion/creed;nationalorigin;ancestry;sex;ageover40;sexualorientationorgenderidentity;pregnancy;HIV/AIDSandHepatitisCstatus;useofaguidedog/serviceanimal;maritalstatus;parental/familystatus;militarystatus;orveteran’sstatus,orthepresenceofaphysical,sensory,ormentaldisability,whentheCityofRentoncanreasonablyaccommodatethedisability,ofemployeesandapplicantsforemploymentandfair,non-discriminatorytreatmenttoallcitizens.AlldepartmentsoftheCityofRentonshalladheretothefollowingguidelines:(1)EMPLOYMENTPRACTICES-TheCityofRentonwillensureallemploymentrelatedactivitiesincludedrecruitment,selection,promotion,demotion,training,retentionandseparationareconductedinamannerwhichisbasedonjob-relatedcriteriawhichdoesnotdiscriminateagainstwomen,minoritiesandotherprotectedclasses.Humanresourcesdecisionswillbeinaccordancewithindividualperformance,staffingrequirements,governingcivilservicerules,andlaborcontractagreements.(2)COOPERATIONWITHHUMANRIGHTSORGANIZATIONS-TheCityofRentonwillcooperatefullywithallorganizationsandcommissionsorganizedtopromotefairpracticesandequalopportunityinemployment.(3)CONTRACTORS’OBLIGATIONS-Contractors,sub-contractors,consultantsandsuppliersconductingbusinesswiththeCityofRentonshallaffirmandsubscribetotheFairPracticesandNon-discriminationpoliciessetforthbythelawandbyCitypolicy.CopiesofthispolicyshallbedistributedtoallCityemployees,shallappearinalloperationaldocumentationoftheCity,includingbidcalls,andshallbeprominentlydisplayedinappropriatecityfacilities.CONCURREDINbytheCityCounciloftheCityofRenton,Washington,this7thdayofMarch,2011.CITYRENTON-RENTONCITYCOUNCILDenisLaw,Mayor.guncilPrsidentAttest:BonnieI.Walton,CityClerkPage10of12/ft,,C,n1rIInr,rn/tThis,/P,-,ntr,,-tAGENDA ITEM #1. a)
E1-2015CITYOFRENTONFAIRPRACTICESPOLICYAFFIDAVITOFCOMPLIANCESTANTECCONSULTINGSERVICESINC.herebyconfirmsanddeclaresthat:(Nameofcontractor/subcontractor/consultant)Itisthepolicyoftheabove-namedcontractor/subcontractor/consultant,toofferequalopportunitytoallqualifiedemployeesandapplicantsforemploymentwithoutregardtotheirrace;religion/creed;nationalorigin;ancestry;sex;thepresenceofaphysical,sensory,ormentaldisability;ageover40;sexualorientationorgenderidentity;pregnancy;HIV/AIDSandHepatitisCstatus;useofaguidedog/serviceanimal;maritalstatus;parental/familystatus;militarystatus;orveteran’sstatus.II.Theabove-namedcontractor/subcontractor/consultantcomplieswithallapplicablefederal,stateandlocallawsgoverningnon-discriminationinemployment.III.Whenapplicable,theabove-namedcontractor/subcontractor/consultantwillseekoutandnegotiatewithminorityandwomencontractorsfortheawardofsubcontracts.ErikWaligorskiPrintAgent/Representative’sNamePrincipalPrintAgent/Representative’sTitleAgent/Representative’sSignatureDateSignedInstructions:ThisdocumentMUSTbecompletedbyeachcontractor,subcontractor,consultantand/orsupplier.Includeorattachthisdocument(s)withthecontract.Page11of12PazzafDataCentr/Fnrmc/Citv/ContrctcAGENDA ITEM #1. a)
E1-2015Pleaseattachthefollowingexhibits:ExhibitA—ScopeofWork(persubmittedproposal)ExhibitB-Schedule(persubmittedproposal)ExhibitC—CostProposal(persubmittedproposalintheamountof$313,700)Page12of12Piazza/Datacenter/Forms/city/ContractsAGENDA ITEM #1. a)
ThunderHi/IsSanitarySewerInterceptorReplacementProjectExhibitAScopeofServices—Design&ConstructionServicesPage1of5SCOPEOFSERVICESCityofRentonThunderHillsSanitarySewerInterceptorReplacementProjectDesignandConstructionServicesStantecConsultingServicesInc.PROJECTDESCRIPTIONANDPURPOSEThepurposeofthisprojectistopreparethedesign,assisttheCitywithbidding,andperformasneededconstructionservicesforthereplacement/rehabilitationoftheThunderHillsSanitarySewerInterceptor.ThisscopeofservicesisacontinuationofthealternativesanalysisperformedbyStantecduringwhichtheproposedalternativewasselected.TheThunderHillsSanitarySewerInterceptorwasoriginallyinstalledin1965andservesaportionoftheCity’sRollingHillsneighborhoodsoutheastofRentonCityHall.TheportionoftheThunderHillsinterceptorthatwillbereplaced/rehabilitatedaspartofthisprojectrunsfromGrantAvenueSouthtoBensonRoadwithinoradjacenttoThunderHillscreek.Thisprojectwillreinstateandimprovetheexistinggravelaccessroadalongthesanitaryseweralignmentandwilleitherrehabilitateorreplacetheexistingsewer.SCOPEOFSERVICESANDTASKSThisscopeofservicesconsistsofthefollowingtasks:Task200ProjectManagementStantecshallprovidetheprojectmanagementservicesnecessarytocomplywiththeProjectManagementPlandevelopedaspartofthistask.StantecshallworkcloselywithCitystafftodevelopaProjectManagementPlanthatincludesadetailedscopeofservices,budget,andschedulethatmeetstheCity’soverallneeds.Thistaskshallalsoincludethedaily,ongoingprojectmanagementthroughthecompletionoftheproject.ThistaskincludesmonitoringprogressagainsttheProjectManagementPlan,attendingperiodicstatusmeetingswiththeCity,andpreparingmonthlystatusreports.Specifictasksforthiseffortareasfollows:•DevelopaProjectManagementPlan•Conductaprojectkickoffmeeting•Preparemonthlystatusreports•Provideongoingprojectmanagementthroughouttheproject•Monitorprogressagainstprojectedschedule,scopeofservice,andbudgetandadministermonthlyinvoicingtoCityDeliverables:•DraftandFinalProjectManagementPlansincludingScopeofServices,Budget,andSchedule•MonthlyinvoicesandstatusreportsV:\2002\acUve\2002003607\management\agreement\DesignandCanst\ThunderHIISewerReplacementScope_Design&Conatruction_REVISED_20150516.doc5/16/2016AGENDA ITEM #1. a)
ThunderHillsSanitarySewerInterceptorReplacementProjectExhibitAScopeofServices—Design&ConstructionServicesPage2of5Task201Surveying/EasementExhibitsThepurposeoftheSurveying/EasementExhibittaskistocollectadditionalrequiredsurveyinformationtodesigntheretainingwallsystemsrequiredfortheaccessroadimprovementsalongthesanitaryseweralignment.Additionally,thistaskwillincluderesearchingandpreparingeasementexhibitsalongtheentirealignmentsothattheCitycanobtainpermanenteasementsalongtheinterceptor.ThistaskassumesthatwewillassisttheCitybypreparingeasementexhibitsforuptoamaximumof12permanenteasementsalongtheinterceptoralignment.Inaddition,thistaskassumesthatwewillpreparetemporaryconstructionpermitexhibitsonnomorethan4propertiestoallowfortheconstructionoftheproposedimprovements.SpecificTasksforthiseffortareasfollows:•Conductadditionalsurveyforretainingwalldesign•Processsurveydataandaddinformationtoexistingbasemapsfordesign•Mapreviewandqualitycontrol•Officesupportofsurveytasks•Propertyresearchforeasements(assumesamaximumof4titlereportsrequired)•Preparedrafteasement/temporarypermitexhibitsforCityreview•SubmiteasementexhibitstoCity•Preparefinaleasement/temporarypermitexhibitsDeliverables:•Draftandfinalcopiesofeasementandtemporarypermitexhibitsinelectronic(PDF)formatAssumptions:•Nomorethan12permanenteasementswillberequiredfortheproject•Nomorethan4temporaryconstructionpermitexhibitswillberequiredfortheproject•Nomorethan4titlereportswillberequiredtopreparethenecessaryexhibits•TheCitywillleadalleasement/permitnegotiationsandStantec’sinvolvementwillbelimitedtoexhibitpreparationTask202DesignThedesignphasewillincludedevelopingdesignDrawings,Specifications,andanOpinionofProbableConstructionCost(OPCC)thatmaybeusedbytheCitytoobtainbidsfromContractorstoconstructtheimprovements.CopiesofthesedocumentswillbesenttotheCityforreviewandcommentatthe60%,90%,andFinaldesignstages.Designeffortswilladdressallcommentsreceivedfrompreviousstagesoftheproject.Stantecwillprovidequalityassuranceandqualitycontrol(QA/QC)reviewsbyseniortechnicalengineersofthedesigndocumentspreparedinordertominimizepotentialchangeordersandoverallprojectcosts.Stantecwillalsoprovideaconstructabilityreviewbyanexperiencedconstructionfieldrepresentative.SpecificTasksrequiredforthiseffortareasfollows:•Prepareandsubmitdesigndrawings,specifications/contractdocuments,andOPCCtotheCityat60%,90%,andfinaldesignstages.TheCitywillprovidecopiesofitslateststandardspecificationstofacilitatethistaskV:\2OO2\acve2OO2OO36O7rranagerrent\agreement\DesignandConst\ThunderHiNSewerReplacementScope_Design&Constructiori_REVISED_20150516doc5/16/2016AGENDA ITEM #1. a)
ThunderHillsSanitarySewerInterceptorReplacementProjectExhibitAScopeofServices—Design&ConstructionServicesPage3of5•Internalreviewof60%,90%andFinalDrawings,Specifications,andOPCCpriortosubmittaltotheCity•AttenddesigncoordinationmeetingswiththeCityat60%and90%designstagestodiscussreviewcommentsDeliverables:•Threehalf-sizereproduciblepaperreviewcopiesofthe60%and90%designdrawings,specifications,andOPCC•Onereproduciblequalitypapercopyofthefinalbiddocumentsincludinghalf-sizeandfull-size(22”x34”)drawings,specifications,andassociatedcontractdocuments(permits,wageratetables,studies,etc.)fortheCity’suseinobtainingbidstoconstructiontheimprovements•Oneelectronic(PDF)copyofthefinalbiddocumentsasdescribedaboveforusebytheCityinelectronicallybiddingtheprojectusingonlinebidcentersTask203PermittingStantecwillassisttheCityinobtainingthenecessarypermitsfortheconstructionoftheproject.ThisscopeofservicesassumesthatStantecwillpreparethepermitpackagesandthatthepermitswillbesubmitted,andallfeespaidby,theCity.ItisassumedthatnoadditionalenvironmentalstudieswillberequiredaspartoftheCity’sproject.StantecwillprepareaprojectspecificStormWaterPollutionandPreventionPlan(SWPPP)fortheCity’sproject.ItisassumedthattheCitywillnotberequiredtoprovidemitigationfordisturbingenvironmentallysensitiveareas,butthatanymitigationrequirementswillbecoveredunderthecreditbankestablishedbytheCity.SpecificTasksrequiredforthiseffortareasfollows:•PrepareaJARPNCorpsNationwide12/WDFWHPApermitpackage•PrepareaWSDOTROWpermitpackage•PrepareaSWPPPandDOENPDESpermitpackage•PrepareaPSEUseApprovalpackage•PrepareaWilliamsNWUseApprovalpackage•PrepareaCityofRentonSEPAchecklist•PrepareaCityofRentonCriticalAreasReport•PreparerequiredplanexhibitsforCityofRentonIn-housepermits•Monitorpermitprogressandrespondtoagencyrequestsforinformation(RFI)Deliverables:•Electronic(PDF)copiesofpermitpackagestobesubmittedbytheCity•Wherepermitscanbesubmittedonline,itisassumedthatStantecwillfillouttheonlineapplicationsAssumptions:•TheCityofRentonwillpayallfeesassociatedwithpermitapproval•Stantecwillsubmitonlineapplications•Noadditionalenvironmentalstudieswillberequiredtoobtainthenecessarypermits.Intheeventthatadditionalstudiesarerequiredbyanoutsideagency,StantecwillprovideascopeandbudgettoconductthestudyandthescopeofserviceswillbeamendedV:\2002\active\2002003607\management\agreement\DesignandConst\ThunderHillSawerReplacementScope_Design&Construction_REVISED_20150516.doc5/16/2016AGENDA ITEM #1. a)
ThunderHillsSanitarySewerInterceptorReplacementProjectExhibitAScopeofServices—Design&ConstructionServicesPage4of5Task204BiddingServicesStantecwillprovideassistanceduringthebiddingprocesstoincludeansweringbidderquestionsduringthebidperiod,assistancewithupto3addenda,attendingthebidopening,andreviewingthebidtabulationasrequired.SpecificTasksrequiredforthiseffortareasfollows:•AssistCitywithansweringprospectivebidder’squestionsduringthebiddingperiod•Assistinthepreparationofuptothree(3)addenda(asrequired)•Attendthebidopening•Reviewofthebidtabulation(asrequired)Deliverables:•Answerstobidder’squestionsintheformofelectronicemailtotheCity•Preparationofuptothree(3)addenda(asrequired)Assumptions:•Stantecwillnotberequiredtoreproducebidsetstobedistributedtoprospectivebidders•TheCitywillberesponsibleforthereviewofContractor’sreferencesaspartofthebiddingprocess•TheCitywillberesponsibleforthecreationandmaintenanceofthebidder’slistandwilldistributeanyrequiredinformation,includingaddendaand/orclarificationsTask205ConstructionSupportServicesTheConstructionSupporttaskwillincludeprovidingconstructionsupportandservicesduringtheconstructionoftheproject.Inaddition,thistaskwillincludeprovidinggeotechnicalobservationofretainingwallandaccessroadconstruction,submittalreviewsofspecializedworkandpreparingdraftandfinalConstructionRecordDrawings(CRD’s).StantecwillalsoprovidereviewandresponsesofContractorgeneratedRequestsforInformation(RFI)and/orchangeordersonanasneededbasis.SpecificTasksrequiredforthiseffortareasfollows:•AttendthepreconstructionconferenceledbytheCityofRenton•ReviewsubmittalsasrequestedbytheCity•ReviewandrespondtoanyContractorgeneratedRFI’sorChangeOrderrequestsonanasneededbasis,uptothehourlimitidentifiedinExhibitC•Providegeotechnicalobservationduringtheconstructionoftheretainingwallsandaccessroadimprovements•ProvidepermitcompliancereviewsduringconstructionbyaCertifiedErosionSedimentationControlLead(CESCL)•ProvideonsiteconstructionsupportonanasneededbasisandasrequestedbytheCity.TaskwillbelimitedtothehourestimateidentifiedinExhibitC.AnyworkbeyondthehourestimatewillbebasedonactualTimeandMaterialandwillrequiredanamendedservicesagreementfromtheCity•PreparedraftandfinalConstructionRecordDrawings(CRD’s)Deliverables:•Responsestoanyrequiredsubmittalreviews,RETrequests,orChangeOrderreviews•OnsiteconstructionfieldreportsV:\2OO2\actv&2OO2OO36O7rmanagement\agreernent\DesignandConst\ThunderHiNSewerReplacementScope_Design&Construction_REVISED_20150516.doc5Il6/2016AGENDA ITEM #1. a)
ThunderHillsSanitarySewerInterceptorReplacementProjectExhibitAScopeofServices—Design&ConstructionServicesPage5of5•Halfsize(11xl7)copyofdraftCRD’sinelectronicformat(PDF)forCityreview.Fullsize(22x34)MylarcopyoffinalCRDalongwithanelectronic(PDF)copyforCityuseAssumptions:•TheCityofRentonwillbetheleadobserverandconstructionmanagerfortheproject.Stantecwillonlyprovidespecialobservationsandreviewofportionsoftheprojectonanasneededbasis•Stantecwillnotprovideanygeotechnicaltestingforconstruction,includinganyrequiredcompactiontestingENDOFEXHIBITAV:\CO2\adllve’2aO2CO36O7management\agreernerit\Designandconst\munderHillSewerReplacemeniScope_Design8Construction_REVISED_20150516.doc5/16/2016AGENDA ITEM #1. a)
ThunderHillsSanitarySewerInterceptorReplacementProjectExhibitBSchedule—Design&BiddingServicesPage1of1EXHIBITBSCHEDULECityofRentonThunderHillsSanitarySewerInterceptorReplacementProjectDesignandConstructionServicesStantecConsultingServicesInc.SCHEDULE•NoticetoProceed—June1,2016•Survey/EasementExhibits—June2016toAugust2016•Design—July2016toNovember2016•Permitting—September2016toDecember2017•BiddingServices—January2018toFebruary2018•ConstructionServices—April2018toOctober2018*AlIworkunderthiscontracttobecompletedbyDecember31,2018ENDOFEXHIBITBV:2OO2active2OO2OO36O7rnanagen,ent\agreernent\Des’gnandConsl\ThunderI-UIDesignSchedule_REVISED_20160516.doc5/16/2016AGENDA ITEM #1. a)
EXHIBITCBUDGETCityofRentonThunderHillSewerInterceptorProjectDesignandConstructionServicesTOTALLABORREIMB.SUB-CONSULTANTTOTALTaskProjectedTotalProjectHoursandCostsHoursCostRe/mb.Costw/MarkupCost1,943$300,602$13,098$313,700$36,021$879$36,900200ProjectManagement166Prepareprojectplan4$876$40$916Conductprojectkickoffmeeting6$1,109$20$1129Preparemonthlystatusreports30$6,570$150$6,720Managestaffandtasks96$20,896$569$21,465Monitorprogressandmonthlyinvoicing30$6,570$100$6,670$26,300$3,300$29,600201Surveying/EasementExhibits192Additionalsurveyforretainingwalls36$4,948$500$5,448Processdataandaddtobasemaps8$864$80$944Mapreviewandqualitycontrol2$322$20$342Officesupportofsurveytasks4$644$40$684Propertyresearchforeasements16$2,576$2,000$4,576Preparedrafteasementexhibits92$12,068$500$12,568SubmitexhibitstoCity8$1,308$40$1,348Preparefinaleasementexhibits26$3,570$120$3,6905121,500$4,200$125,700202Design816Preparedraft60%PS&E192$26,512$1,000$27,512Conductinternalreviewof60%PS&E24$4,952$100$5,052Preparefinal60%PS&E74$10,234$500$10,734Submit60%PS&EtoCity18$2,814$70$2,884Attend60%PS&Ereviewmeeting12$2,118$40$2,158Preparedraft90%PS&E164$23,004$800$23,804Conductinternalreviewof90%PS&E24$4,952$20$4,972Preparefinal90%PS&E74$10,234$500$10,734Submit90%PS&EtoCity18$2,814$70$2,884Attend90%reviewmeeting12$2,118$40$2,158PreparedraftFinalPS&E104$14,760$500$15,260ConductinternalreviewofFinalPS&E32$6,496$160$6,656Prepare/Stamp/signFinalPS&E68$10,492$400$10,892$37,272$1,428$38,700203Permitting248JARPA/CorpsNationwide12/WDFWHPA57$8,283$368$8,651WSDOTROWPermit10$1,580$50$1,630DOENPDESPermit(SWPPP)28$4,256$180$4,436PSEUseApproval28$4,410$140$4,550WilliamsNWUseApproval12$1,798$60$1,858RentonSEPAChecklist29$4,475$240$4,715RentonCriticalAreasReport22$3,374$110$3,484Rentoninhousepermitexhibits30$3,872$80$3,952Monitorpermits&respondtoRFI532$5,224$200$5,424$9,520$380$9,900204BiddingServices56Answerbidderquestionsduringbidperiod24$4,104$160$4,264Assistwithaddenda(up103assumed)24$4,104$160$4,264Attendbidopening2$438$20$458Reviewbidtabulation(asrequired)6$874$40$914$69,989$2,911$72,900205ConstructionSupportServices465Attendpreconstructionconference9$1,485$100$1,585Submittalreview60$9,076$300$9,376RFI&changeorderreview/response(asneeded)44$7,188$250$7,438Geotechnicalobservation132$21,788$920$22,708Permitcompliance(CESCL)64$7,648$450$8,098Onsiteconstructionsupport(asneeded)48$8,624$300$8,924Draft/FinalCRD’s108$14,180$591$14,771PrintDate:511612016CitySummaryV:\25OZractivc\2052003607\managemwr6cerit\0esignanuConst\ThunderHiltSewerDesign-ConstructionBudgeI_REVISEO_20160516xlsAGENDA ITEM #1. a)
AB - 1682
City Council Regular Meeting - 13 Jun 2016
SUBJECT/TITLE: First Amendment to Agreement Between King County and the City of
Renton for the Cedar River Gravel Removal Project (CAG-13-009)
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Hebé C. Bernardo, Surface Water Civil Engineer III
EXT.: 7264
FISCAL IMPACT SUMMARY:
The First Amendment to the Agreement between King County and the City of Renton for the Cedar River
Gravel Removal Project (CAG-13-009) will provide a revised total of $13,171,131 in non-matching funding to
the City of Renton. The Cedar River Gravel Removal Project is included in the approved 2015-2016 Surface
Water Utility Capital Improvement Program budget as the Cedar River Gravel Removal (maintenance
dredging) Project (427.475193).
SUMMARY OF ACTION:
In February 6, 2013, the City of Renton and the King County Flood Control District entered into an agreement
(CAG-13-009) to provide the funding for the Cedar River Gravel Removal Project in the amount of $5,313,000.
The agreement was executed without fully understanding the project construction cost, and the mitigation to
be required by state and federal agencies. Once final design of the project was completed and all local, state
and federal permits were obtained, the total project cost was projected by the City to be $13,176,131, which
includes the cost of staff time, design, permitting construction, project mitigation, construction management
and all monitoring, maintenance and reporting associated with the Cedar River Gravel Removal Project. A
budget adjustment for the additional revenue and expenditures was included in the second quarter budget
amendment ordinance.
Project construction began the week of June 6, 2016 and is expected to be completed by the first week of
November.
EXHIBITS:
A. Issue Paper
B. First Amendment to Agreement
C. Agreement CAG-13-009
STAFF RECOMMENDATION:
Execute the First Amendment to the Agreement between King County and the City of Renton for the Cedar
River Gravel Removal Project (CAG-13-009), which provides a revised total of $13,171,131 in non-matching
funding to the City of Renton to fund all costs related to the project. A budget adjustment for the additional
revenue and expenditures was included in the second quarter budget amendment ordinance.
AGENDA ITEM #2. a)
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:June 2, 2016
TO:Randy Corman, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:Gregg Zimmerman, Administrator
STAFF CONTACT:Hebé Bernardo, Surface Water Utility Engineer, ext. 7264
SUBJECT:First Amendment to Agreement Between King County and the
City of Renton for the Cedar River Gravel Removal Project
(CAG-13-009)
ISSUE:
Should Council approve the First Amendment to the Agreement between King County
and the City of Renton for the Cedar River Gravel Removal Project (CAG-13-009), which
will provide a revised total of $13,171,131 in non-matching funding to the City of Renton
to provide funding for all costs related to the project?
RECOMMENDATION:
Execute the First Amendment to the Agreement between King County and the City of
Renton for the Cedar River Gravel Removal Project (CAG-13-009), which provides a
revised total of $13,171,131 in non-matching funding to the City of Renton to fund all
costs related to the project. A budget adjustment for the additional revenue and
expenditures was included in the second quarter budget amendment ordinance.
BACKGROUND:
The Cedar River 205 Flood Control Project was originally constructed in 1998 by the U.S.
Army Corps of Engineers along the lower 1.25 mile of Cedar River, along with dredging
of the Cedar River to provide flood protection from the 100-year flood event with at
least 90% reliability. As the sponsor and owner, the City is responsible for maintenance
of the Cedar River 205 Flood Reduction Project, which includes maintenance dredging.
The King County Flood Control District was formed in 2007 for the purpose of funding
projects that provide regional flood hazard reduction benefits. In February 6, 2013 the
City of Renton and the King County Flood Control District entered into an agreement
(CAG-13-009) to provide the funding for the Cedar River Gravel Removal Project in the
amount of $5,313,000. The agreement was executed without fully understanding the
AGENDA ITEM #2. a)
Mr. Corman, Council President
Members of the Renton City Council
Page 2 of 2
June 2, 2016
\HCBtp
project construction costs and the mitigation to be required by state and federal
agencies. Once final design for the project was completed and all local, state and
federal permits were obtained, the total project cost was projected by the City to be
$13,171,131, which includes the costs for project management, planning, public
outreach, engineering, permitting, construction, construction management, project
mitigation, all permit required monitoring, maintenance and reporting. The project
mitigation, monitoring, maintenance and reporting will continue over at least a 10-year
period following dredging, which is included in the project budget in the First
Amendment of the Agreement.
On March 21, 2016 the King County Flood Control District Board of Supervisors
approved an increase in the total project budget to provide funding for all approved
related costs. The Cedar River Gravel Removal Project is included in the Flood Control
District Capital Improvement Program budget. This amendment to the agreement with
King County revises the amount of funding the City will receive to cover the project.
The Cedar River Gravel Removal Project is included in the approved 2015-2016 Surface
Water Utility Capital Improvement Program (CIP) budget as the Cedar River Gravel
Removal (maintenance dredging) Project (427.475193). Project maintenance dredging
is anticipated to begin the week of June 6, 2016 and be completed by the first week of
November. The Elliot Spawning Channel Inlet Project, which is mitigation proposed for
the Cedar River Gravel Removal Project, is tentatively scheduled to start in July and be
completed in October.
CONCLUSION:
The Surface Water Utility recommends approval of the First Amendment to the
Agreement between King County and the City of Renton for the Cedar River Gravel
Removal Project (CAG-13-009), which will provide a revised total of $13,171,131 in non-
matching funding to the City of Renton to provide funding for all costs related to the
project. A budget adjustment for the additional revenue and expenditures was included
in the second quarter budget amendment ordinance.
cc:Lys Hornsby, Utility Systems Director
Hai Nguyen, Senior Finance Analyst
AGENDA ITEM #2. a)
1
FIRST AMENDMENT TO AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON
FOR THE CEDAR RIVER GRAVEL REMOVAL PROJECT
This First Amendment to the Agreement between King County and the City of Renton for Cedar River
Gravel Removal Project executed February 6, 2013 (“Agreement”), amends portions of the Agreement’s
text and scope of work and budget (“First Amendment”). King County may be referred to below as “the
County,” Renton, may be referred to as “the City” or “Renton,” and collectively they may be referred to
as “the Parties.” Except for those provisions amended by this First Amendment, all other terms of the
Agreement remain in full force and effect.
King County, in its capacity as service provider to the King County Flood Control Zone District (“KCFCD”)
under an interlocal agreement between the County and KCFCD, entered into the Agreement with
Renton for the purposes of providing funds from the KCFCD to conduct the Cedar River Gravel Removal
Project (”Project”) as described in Exhibit One to the Agreement, within the Renton city limits. The
Project is currently being designed and conducted by the City with KCFCD and City funds.
The Agreement provides in Section V., Revisions to Project Scope and/or Budget, that an amendment to
the Agreement may be entered into by the Parties if it is projected by the City that Project costs will
exceed the $5,313,000 amount provided for in the Agreement, and if the KCFCD makes additional
funding available for the Project. Project costs are projected by the City to be $13,238,100, which
includes the costs of King County staff time of $66,969, which will not be reimbursed to the City, but will
be billed directly to the KCFCD. The KCFCD, through its past appropriations and through its adopted Six-
Year Capital Improvement Program, is making up to the amount of $13,171,131 available for the Project
in the form of reimbursements to the City, contingent on future appropriations by the KCFCD.
The Agreement is hereby amended as follows:
1.The text of Section I., Purpose, is deleted in its entirety and the following is substituted therefor:
The purpose of this Agreement is for the City to undertake activities in connection with the
Cedar River Gravel Removal Project ("Project"), identified in the King County Flood Control
District's ("District") budget and Six-Year Capital Improvement Project plan (2016-2021).
AGENDA ITEM #2. a)
2
The Project has been determined by the District to merit funding as consistent with the District's
mission and purpose. King County in large measure through WLRD functions as the service provider
to the District under the terms of an interlocal agreement ("ILA”) between King County and the
District and under the ILA implements the District's annual work program and budget. King County
by and through the WLRD is entering into this Agreement in its capacity as service provider to the
District. This Agreement provides the terms under which the City will provide project management,
design and engineering, environmental review and planning, public outreach, construction,
construction management, implementation of project mitigation actions, monitoring, maintenance
and reporting as required by the local, state and federal permits for the Project, and WLRD will
reimburse the City up to $13,171,131 for Project costs, contingent upon such funds being
appropriated by the District for the Project.
The District has approved, through its 2012-2016 budgets, $12,057,970 for the Project, which has
been provided or will be provided to the City. The $12,057,970 includes $329,202 to be provided to
Renton through KCFCD Opportunity Fund grants. Through its 2017-2021 CIP allocation budget, it has
identified an additional $1,180,130 for the Project, for a total of $13,328,100 of District funds for the
Project, $66,969 of which will be available for the costs of King County staff time.
2.The last two paragraphs of Section II., Background, of the Agreement are deleted in their
entirety and the following is substituted therefor:
The Project is anticipated to be constructed during the summers of 2016 and 2017, due to the
short in-stream work window allowed by Washington Department of Fish and Wildlife, difficult
access into and out of the river to remove gravel, the extensive length of the Project site, and
the sensitive nature of the work. The mitigation elements of the Project are anticipated to be
constructed within three years of completion of the Project dredging. Required monitoring and
maintenance of the mitigation will occur for the 10-year monitoring period, which is anticipated
to be from 2017 through 2026, inclusive.
The King County Flood Control District (“District”) has approved in its 2012-2016 budgets
$12,057,970 for the Project, including $329,202 in KCFCD Opportunity Fund grants, and has
identified an additional $1,180,130 in its 2017-2021 CIP allocation budget for the Project for a
total of $13,238,100. Of this amount, $66,969 is to be made available to pay for King County
AGENDA ITEM #2. a)
3
staff costs. Of the remaining $13,171,131, WLRD will reimburse the City for actual costs to
implement the Project up to this $13,171,131 amount, in accordance with Flood Control District
Executive Committee Motion No 2016-03, and contingent upon appropriation of such funds by
the District.
3. The text of Section VI., Billing and Payment, is modified by removing the struck through text and
by adding the underlined text as follows:
A.Contingent upon District appropriation, WLRD shall pay the City up to $5,313,000
$13,171,131 for actual costs incurred to perform the tasks as described in Exhibit One, as
currently budgeted in the District CIP budget for the Project. This includes $329,202 of
Renton’s 2012, 2013 and 2016 Opportunity funds that are allocated to this project.
B.Expenditures to be reimbursed by WLRD shall be included on itemized invoices submitted by
the City and shall be subject to approval by WLRD. The City will invoice WLRD on a quarterly
basis. Payment on approved invoices will be made within 45 days.
C.The Parties represent that funds for conducting activities under this Agreement have been
appropriated and are available for 2012-2016. To the extent that conducting activities
covered under this Agreement requires future appropriations beyond current appropriation
authority, each of the Parties obligations is contingent upon the appropriation of sufficient
funds by that Party’s legislative authority to complete the activities described herein. King
County’s obligations are further contingent upon the future appropriation of funds by the
District. If no such appropriation is made by either Party, or by the District, this Agreement
will terminate at the close of the appropriation year for which the last appropriation that
funds these activities was made.
4. The Scope of Work attached and incorporated into the Agreement as Exhibit One is hereby
removed and is replaced with the Scope of Work attached to this Amendment as Exhibit One,
incorporated herein and made a part hereof.
This Amendment is effective upon the signature of both Parties and may be executed in counterparts.
AGENDA ITEM #2. a)
4
IN WITNESS WHEREOF, the Parties hereto have executed this amendment on the day of
, 201__.
Approved as to Form King County
____________________________________________________________________
Joseph Rochelle Mark Isaacson
Senior Deputy Prosecuting Attorney Director, Water and Land Resources Division
Approved as to Form City of Renton
______________________________________________________________________
Larry Warren Denis Law
City Attorney Mayor
ATTEST
____________________________________
Jason A. Seth
City Clerk
AGENDA ITEM #2. a)
5
Exhibit One
Scope of Work
Cedar River Gravel Removal Project
Project Description
The Cedar River Gravel Removal Project (“Project”) has two primary components: gravel removal and
mitigation. Gravel removal will involve several phases, including: staging and mobilization, construction
and surveying dredging and excavation of approximately 114,000 CY of river bed material,
hauling and disposal of dredged material, existing bank stabilization maintenance and repair, installation
of new bank protection armoring, planting, and site restoration. Gravel removal is expected to be
accomplished with heavy equipment (excavators, bull dozers, frontend loaders, graders, earthmovers,
etc.) and dump trucks. Due to the extensive length of the project site, gravel removal may be broken
into several sequenced phases covering smaller, more manageable work areas. Also, the work may
need to occur over two summers. In this case, several of the above-described activities would be
repeated for each successive phase. Any work activities that will take place below the ordinary high
water level will occur during permit prescribed summer instream work window (June 15-August 31);
however, other work activities may occur outside the instream work window, such as staging and
mobilization, stockpiling, hauling and disposal of gravel spoil, some site restoration, and demobilization..
Mitigation is the second primary component of the Project. Specific mitigation actions were determined
through consultation with regulatory and tribal agencies during the design and permitting process and
are described in the “Mitigation Plan – Revised Report for the Cedar River Maintenance Dredging
Project, Renton, Washington” (GeoEngineers 2016). This mitigation plan describes avoidance,
minimization, and mitigation measures proposed to offset impacts of the Project. At the time of the
execution of the First Amendment to Agreement, the proposed project mitigation measures include
invasive species management, native vegetation plantings, filling void spaces in existing riprap, removal
of existing gabions and replacement with bioengineered bank protection, maintenance and monitoring
actions in the spawning channels that were constructed as mitigation for the previous gravel removal
project, lighting impacts reduction planning and implementation, a scour monitoring study, and
acquisition of wetland mitigation grant credits. As required by the project permits and described in the
AGENDA ITEM #2. a)
6
approved project mitigation plan, monitoring, maintenance and reporting is also required for the various
project mitigation elements.
Scope of Work
The Scope of Work will include all tasks and activities necessary to implement the Project, including both
the gravel removal and any required mitigation, as detailed below under the following task headings.
1.Project Management
2.Engineering and Design
3.Environmental Review and Permitting
4.Outreach and Stakeholder Involvement
5.Construction Contract Solicitation and Award
6.Construction and Construction Management – Gravel Removal
7.Construction and Construction Management – Mitigation
8.Monitoring, Maintenance and Reporting
Task 1. Project Management
The City shall manage the Project scope, schedule and budget to ensure timely and effective Project
implementation. This includes coordinating City staff and management, County staff and management,
consultants, contractors, and Project stakeholders. This task also includes providing quarterly project
progress reports to WLRD. This task will be ongoing throughout the duration of the Project.
Actions:
Quarterly project management coordination meetings (meetings may be requested more
frequently if/when deemed necessary). The King County Project Liaison (KCPL) will be provided
the opportunity to attend all meetings.
Deliverables:
Quarterly progress reports (reports may be requested more frequently if/when deemed
necessary, such as during construction), to include scope/schedule/budget status,
accomplishments, issues and concerns, next steps, and action items
Quarterly invoices for project expense reimbursement, subject to WLRD review and approval
AGENDA ITEM #2. a)
7
Task 2.Engineering and Design
The City shall prepare plans, specifications, quantity and cost estimates and other technical information
required to obtain permits, inform stakeholders and the public, develop contract documents and
construct the Project. Also included are planning, data collection and supporting analyses and studies.
This may include hydrologic and hydraulic analyses, geomorphic analyses, geotechnical engineering,
topographic and bathymetric survey, habitat survey, and all other actions necessary to complete this
task. This task will be supported by existing data and information including previous river cross-section
data collected by the City, King County, and State of Washington, Lower Cedar River Spawning data, and
City and King County hydraulic models. Obtaining any necessary construction easements are included in
this task.
Actions:
Design Kickoff Meeting
Design Review Meetings
Site Visits
The KCPL will be provided the opportunity to attend all meetings and site visits.
Deliverables:
Consultant RFPs
Consultant SOWs
Technical Reports and Memos
Mitigation Alternative Selection
30% Design Package (PS&E, engineers estimate, tech memo)
60% Design Package (PS&E, engineers estimate, tech memo)
90% Design Package (PS&E, engineers estimate, tech memo)
Final Design Package (PS&E, engineers estimate, tech memo)
Bid package
The KCPL will be provided with the opportunity to review and comment on all consultant RFPs and
scopes of work, technical reports and memos, and all design packages. The City’s selected consultant,
selected mitigation alternative and the final design package are subject to approval by KCPL.
AGENDA ITEM #2. a)
8
Task 3.Environmental Review and Permitting
The City will conduct all required environmental review and obtain all permits necessary to construct
the Project. This will include compiling existing data and information, collecting new data, conducting
analyses and preparing corresponding reports as necessary to document existing conditions as needed
to conduct required environmental review (such as SEPA), preparing and submitting all necessary permit
applications, and determining mitigation requirements. Depending on the nature and extent of any
required mitigation, anticipated permits and consultations may include:
-US Army Corps of Engineers – 404 and Section 10 permits
-US F&WS and NMFS – ESA Consultation
-Muckleshoot Indian Tribe – Coordination
-WDFW – Habitat Project Approval
-WDOE – 401 Certification, NPDES construction permit
-WDOE – CZM consistency and Shorelines review
-WDNR – Aquatic Use Authorization / Aquatic Lands Lease
-WDAHP – Cultural resources compliance
-City Permits (gravel removal) – Shorelines, Grading, Critical Areas, SEPA
-County Permits (mitigation) – Shorelines, Grading, Critical Areas
Actions:
Pre-application meetings with agencies
Public meetings associated with environmental review process
Site visits with agencies, as needed
Develop a mitigation plan
Develop a mitigation agreement with Washington Department of Fish and Wildlife
The KCPL will be provided the opportunity to participate in these meetings and site visits.
Deliverables:
Publications associated with environmental review process (such as draft and final SEPA
Checklist)
Publications associated with agency consultation and permit application (such as biological
assessment)
Other technical reports supporting permit applications
AGENDA ITEM #2. a)
9
Permit applications
Mitigation Plan
Mitigation Agreement
The KCPL will be provided the opportunity to review and comment on the above prior to submittal
of permit applications to regulatory agencies.
Task 4.Outreach and Stakeholder Involvement
The City will conduct proactive outreach and involvement with Project stakeholders and the public.
Project success will depend on early, close and consistent coordination with affected stakeholders,
including: the Boeing Company, the Renton Municipal Airport, the Muckleshoot Indian Tribe, citizen
groups, and regulatory agencies (local, state and federal). While outreach to inform and solicit feedback
from the general public will be important, more focused and targeted coordination with key
stakeholders throughout the Project cycle will be essential.
Actions:
Stakeholder Meetings
Public Meetings
The KCPL will be provided the opportunity to attend all meetings.
Deliverables:
Public Meeting Notices
Press Releases
Project Webpage
The KCPL will be provided the opportunity to review and comment upon all deliverables prior to
release.
Task 5. Construction Contract Solicitation and Award
The City will conduct all actions necessary to solicit, award and execute construction contracts for the
gravel removal project and the associated mitigation projects.
AGENDA ITEM #2. a)
10
Actions:
Bid document package preparation
Bid advertisement
Pre-bid site visit
Contractor evaluation and selection
Contract execution
The KCPL will be provided the opportunity to participate in the pre-bid site visit, and to review and
comment upon the bid document package, and contractor evaluation and selection. The award of
the contracts is subject to KCPL approval.
Task 6. Construction and Construction Management – Gravel Removal
The City will implement all steps necessary to implement the project, including construction,
construction management, compliance with permit conditions, construction inspection and reporting.
This task includes only the Cedar River gravel removal project.
Actions:
Periodic site visits to the gravel removal construction site
Punch list walkthrough and documentation
The KCPL will be provided the opportunity to participate in the pre-bid site visit, in-progress
construction site visits, and punch list walk-through and documentation, and to pre-approve the
awarding of the contract.
Deliverables:
Construction management plan
Change orders
Completed construction project
As-built or record drawings
The KCPL will be given the opportunity to review and comment upon the construction bid
documents. Any construction change orders in excess of $50,000 are subject to KCPL approval.
AGENDA ITEM #2. a)
11
Task 7. Construction and Construction Management- Mitigation
The City will implement all steps necessary to complete the construction of the capital projects
necessary to satisfy the mitigation requirements for the Cedar River Gravel Removal Project as required
by the project permits and described in the Army Corps of Engineers approved project Mitigation Plan
and the Cedar Maintenance Dredging Project Mitigation Agreement with WDFW. This includes
construction, construction management, compliance with permit conditions, construction inspection,
and reporting.
Actions:
Periodic site visits to the mitigation construction sites
Punch list walkthrough and documentation
Deliverables:
Construction management plan
Change orders
Completed construction projects
As-built or record drawings for each mitigation project
The KCPL will be given the opportunity to review and comment upon the construction management
plans. Any construction change orders in excess of $10,000 are subject to KCPL approval.
Task 8. Monitoring, Maintenance and Reporting
The City will implement all monitoring, maintenance and reporting activities as required by the permits
associated with the project and as described in both the “Cedar River Maintenance Dredging Project
Mitigation Agreement”, entered into between the City and WDFW, and the Army Corps of Engineers
approved “Mitigation Plan – Revised Report Cedar River Maintenance Dredging Project ” (GeoEngineers
2016).
Actions:
Vegetation maintenance, monitoring, and reporting for Years 1 (2017) through Year 10 (2026)
Light improvement monitoring and reporting
Scour monitoring and reporting in main channel from Renton Library to Houser Way North for
the two spawning seasons following dredging.
Spawner and redd counts – the City will conduct weekly sockeye spawner counts and redd
counts in the two mitigation spawning channels in the summer and fall of each year for Year 1
(2017) through Year 10 (2026)
Annual cross-section surveys for Year 1 (2017) through Year 10 (2026)
AGENDA ITEM #2. a)
12
Deliverables:
Annual inspections and monitoring of flow depth, water velocity and substrate quality in the
Elliot and Royal Hills Spawning Channels.
Maintenance of the Elliot and Royal Hills Spawning Channels, mitigation planting areas and
other mitigation elements.
Annual Monitoring Reports - these reports will document the results of all monitoring activities
conducted for each year.
Annual Sediment Reports – these reports will specifically document the annual monitoring of
sediment accumulation within the lower two miles of the Cedar River.
AGENDA ITEM #2. a)
13
Estimated Project Costs
Task Number Task Description Budget ($)
1 Project Management $ 426,787
2 & 3 Engineering & Design / Environmental Review & Permitting $ 1,536,864
4 Outreach and Stakeholder Involvement $ 25,588
5 Construction Contract Solicitation and Award $ 20,000
6 Construction and Construction Management – Gravel
Removal
$ 8,873,971
7 Construction and Construction Management – Mitigation $ 585,061
8 Monitoring , Maintenance and Reporting $ 633,000
Subtotal $ 12,101,271
10% Contingency $ 1,069,860
TOTAL $ 13,171,131
Cost Share Responsibilities
Item Budget ($)
WLRD – King County Flood Control District $ 12,841,929
City of Renton – 2012-2015 KCFCD Subregional Opportunity Fund $ 150,000
City of Renton – 2016 KCFCD Subregional Opportunity Fund $ 179,202
TOTAL*$ 13,171,131
* This figure does not include the $66,969 of King County staff time to be provided to the Project. This amount
will be funded by the District, and when taken into account, the total contribution of the District to the Project is
to be $13,238,100.
AGENDA ITEM #2. a)
CAG—13—009AGREEMENTBETWEENKINGCOUNTYAN])TIlECITYOFRENTONFORCEDARRIVERGRAVELREMOVALPROJECTThisAgreementismadeandenteredintobyKingCounty,Washington(“KingCounty”),byandthroughitsWaterandLandResourcesDivisionoftheKingCountyDepartmentofNaturalResourcesandParks(hereinafterreferredtoas“WLRD”),andtheCityofRenton,(hereinafterreferredtoas“City”),andcollectivelyreferredtoasthe“Parties.”I.PurposeThepurposeofthisAgreementisfortheCitytoundertakeactivitiesinconnectionwiththeCedarRiverGravelRemovalProject(“Project”),identifiedintheKingCountyFloodControlDistrict’s(“District”)annualbudgetandworkprogramforeachofthefiscalyears2012,2013,and2014.TheProjecthasbeendeterminedbytheDistricttomeritfundingasconsistentwiththeDistrict’smissionandpurpose.KingCountyinlargemeasurethroughWLRDfunctionsastheserviceprovidertotheDistrictunderthetermsofaninterlocalagreement(“ILA”)betweenKingCountyandtheDistrictandundertheILAimplementstheDistrict’sannualworkprogramandbudget.KingCountybyandthroughtheWLRDisenteringintothisAgreementinitscapacityasserviceprovidertotheDistrict.ThisAgreementprovidesthetermsunderwhichtheCitywillprovideprojectmanagement,designandengineering,environmentalreviewandplanning,publicoutreachandconstructionfortheProject,asdescribedinExhibitOne,attachedtothisAgreementandincorporatedhereinandmadeaparthereof,andtheWLRDwillreimbursetheCityupto$5,313,000forProjectcosts.II.BackgroundSignificantvolumesofgravelaccumulateinthelower1.25milesoftheCedarRivereachyear.Overtimethisgraveldepositionreducestheriverchannel’scapacitytoconveyfloodflows.Inordertoavertcorrespondingflooddamagestocriticalinfrastructureandregionallysignificanteconomicinvestmentsinthisarea,periodicgravelremovalofthedepositedgravelisnecessarytomaintainflowconveyance.Gravelremovalwasmostrecentlyperformedin1998bytheU.S.ArmyCorpsofEngineersaspartoftheCedarRiver205FloodControlProject(“1998Project”).TheCity,asthelocalsponsorandownerofthe1998Project,committedthroughformalagreementtoongoingPagelofl5AGENDA ITEM #2. a)
maintenanceofchannelbedelevations.TheCity-Corpsagreement’sthresholdforperiodicgravelremovalmaintenanceisbasedonensuringfloodprotectionagainstthe100-yearfloodeventwithatleast90percentreliability.Channelbedelevationsareonceagainapproachingthresholdlevels,andgravelremovalisnecessarytomeetthe1998Projectcommitments.TheCityhasdeterminedthatby2014gravelremovalwillbenecessarybasedontheresultsofmonitoringongoinggravelaccumulation.TheCityandKingCountyintendtojointlyaddresstheseneedsbyimplementingtheProject,whichwillincludebothgravelremovalandanymitigationrequiredbyregulatoryagenciesinconnectionwiththegravelremoval.Pastexperienceindicatesplanningandpermittingwilllikelyrequiresignificanttimeandefforttoensureappropriateprojectimplementationandmitigationofimpactsfromgravelremovalactivities.BecausethegravelremovalwillaffectregulatedwetlandsandaquatichabitatofsalmonspecieslistedundertheEndangeredSpeciesAct,compensatorymitigationmeasureswilllikelyberequiredaspartoftheProject.Agroundwaterspawningchannelwasconstructedupriveraspartofthe1998Projecttoprovidemitigationforbothinitialandfuturegravelremoval;however,itwasdestroyedduringasubsequentlandslide.ThegroundwaterspawningchannelwasreplacedbytheCityandtheCorpsin2009withanewspawningchannellocatedatapproximatelyrivermile3.4.Inaddition,theCorpsconstructedtheElliotSpawningChannelatrivermile4.9in2001thatprovidesmitigationfortheProject.ItisanticipatedthatadditionalmitigationmayberequiredtomeetpermitrequirementsfortheProject.Themitigationmeasuresmaytakelongertocompletethanthegravelremoval,thereforethisagreementwouldpotentiallyextendbeyond2015.BoththegravelremovalandthemitigationelementsoftheProjectareanticipatedtobeconstructedduringthesummersof2014and2015duetotheshortin-streamworkwindowallowedbyWashingtonDepartmentofFishandWildlife,difficultaccessintoandoutoftherivertoremovegravel,theextensivelengthoftheProjectsite,andthesensitivenatureofthework.TheKingCountyFloodControlDistrict(“District”)hasallocated$5,313,000dollarsinits2012,2013and2014budgetstosupporttheProject,whichisidentifiedasaProposedActioninthe2006KingCountyFloodHazardManagementPlan,andinthe2012-2017adoptedDistrictSix-YearCapitalImprovementPlan.Page2of15AGENDA ITEM #2. a)
Ill.AdministrationA.ThetermsofthisAgreementwillbeadministeredforWLRDbyaProjectLiaisontobedesignatedbyWLRD(“KCPL”),andfortheCitybyaProjectLiaisontobedesignatedbytheCity(“RPL”).B.IntheeventthatadisputearisesunderthisAgreement,itshallbereferredforresolutiontotheDivisionDirectorofWLRD,orotherrepresentativeasdesignatedbyKingCounty,andtothePublicWorksAdministrator,orotherrepresentativedesignatedbytheCity.ThisdisputeresolutionprovisionshallnotbeconstruedasprohibitingeitherPartyfromseekingenforcementofthetermsofthisAgreement,orrelieforremedyfromabreachofthetermsofthisAgreement,inlaworinequity.IV.ResponsibilitiesA.City1.TheRPLwillensurethattheKCPLiskeptgenerallyinformedofProjectstatus,includingscope,scheduleandbudget,andwillensurethattheKCPLhastheopportunitiesforparticipation,review,andapprovalforspecificactivitiesandProjectdeliverables,assetoutinExhibitOne,attachedtothisAgreementandincorporatedhereinandmadeaparthereof.2.TheCityshallperformtasksasdescribedinExhibitOne,andshallprovidecopiesofalldeliverablestoWLRD.3.TheCitywillbillWLRDforperformanceoftasksandservicesprovidedperExhibitOneasdescribedinSectionV.4.UponcompletionoftheProject,theCityshallbeentirelyresponsibleforalllong-termProjectmonitoringrequiredbyregulatoryorpermittingagenciesandanyapplicablepermits.5.CitywillrequirethattheDistrictandKingCountywillbeaddedasnamedinsuredstoallcontractsforimplementationoftheProjectandwillprovidecopiesofsuchendorsementstotheKCPL.B.County1.WLRDshallpayfortheservicesprovidedasdescribedinExhibitOneandmakepaymentsinaccordancewiththetermsofSectionV.below.2.WLRDwillprovidetimelyreview,feedbackandwhennecessary,decisionsonapproval,onalldeliverablesprovidedbytheCity.Page3of15AGENDA ITEM #2. a)
3.TheKCPLortheirrepresentativewillattendmeetings,sitevisits,andpublicoutreacheventsasdescribedinExhibitOne.4.AttheCity’srequest,WLRDshallprovidesupportingservicesandinformation,suchas:projectmanagement(seniorengineer);technicalexpertise(seniorengineer,seniorecologist,fluvialgeomorphologist,fisheriesscientist,GISanalyst);and3),data,reportsandotherrelevantProjectinformation.V.RevisionstoProjectScopeand/orBudgetAttwoProjectstages,completionoftheengineeringcostestimateandbidselection,thePartieswilldeterminewhetherProjectcostswillappeartoexceedthetotalof$5,313,000providedforinthisAgreement.IfitappearsProjectcostswillbeexceeded,RentonmayrequestthattheDistrictconsiderallocatingadditionalfundstotheProject.TheDistrictisnotapartytothisAgreementandnothinginthisAgreementcreatesanobligationfortheDistricttoallocateorconsiderallocatingadditionalfundstotheProject.IfadditionalfundsbecomeavailableandthePartiesagreetoanincreasedProjecttotal,thePartieswillexecuteanamendmenttothisAgreement.IfadditionalProjectfundsdonotbecomeavailable,thePartiesmayagreetoamendtheProjectScopesothatProjectcostsdonotexceedtheamountprovidedforinthisAgreement.VI.BillingandPaymentA.WLRDshallpaytheCityupto$5,313,000foractualcostsincurredtoperformthetasksasdescribedinExhibitOne,ascurrentlybudgetedintheDistrictCIPbudgetfortheProject.B.ExpenditurestobereimbursedbyWLRI)shallbeincludedonitemizedinvoicessubmittedbytheCityandshallbesubjecttoapprovalbyWLRD.TheCitywillinvoiceWLRDonaquarterlybasis.Paymentonapprovedinvoiceswillbemadewithin45days.C.ThePartiesrepresentthatfundsforconductingactivitiesunderthisAgreementhavebeenappropriatedandareavailablefor2012.TotheextentthatconductingactivitiescoveredunderthisAgreementrequiresfutureappropriationsbeyondcurrentappropriationauthority,eachoftheParties’obligationsiscontingentupontheappropriationofsufficientfundsbythatParty’slegislativeauthoritytocompletetheactivitiesdescribedherein.KingCounty’sobligationsarefurthercontingentuponthefutureappropriationoffundsbytheDistrict.IfnosuchappropriationisPage4of15AGENDA ITEM #2. a)
madebyeitherParty,orbytheDistrict,thisAgreementwillterminateatthecloseoftheappropriationyearforwhichthelastappropriationthatfundstheseactivitieswasmade.VII.GeneralTermsA.ThisAgreementiseffectiveuponsignaturebybothPartiesandshallremainineffectuntiltheendoftherequiredProjectmonitoringperiod.B.ThisAgreementmaybeamended,altered,clarified,orextendedonlybythewrittenagreementofthePartieshereto.C.ThisAgreementisnotassignablebyeitherParty,eitherinwholeorinpart.NeitherPartyisactingastheagentoftheotherincarryingouttheobligationsandactivitiesunderthisAgreementD.TheCityshallobserveandabidebyallapplicablerequirementsrelatedtotheprocurementofgoodsandservicesasmandatedbylaw.E.ThisAgreementisacompleteexpressionoftheintentofthePartiesandanyoralorwrittenrepresentationsorunderstandingsnotincorporatedhereinareexcluded.ThepartiesrecognizethatmakingregularprogressisnecessaryintheperformanceoftheprovisionsofthisAgreement.Waiverofanydefaultshallnotbedeemedtobewaiverofanysubsequentdefault.WaiverofbreachofanyprovisionofthisAgreementshallnotbedeemedtobeawaiverofanyotherorsubsequentbreachandshallnotbeconstruedtobeamodificationofthetermsoftheAgreementunlessstatedtobesuchthroughwrittenapprovalbythepartieswhichshallbeattachedtotheoriginalAgreement.F.ThisAgreementandanyactivitiesauthorizedhereundershallnotbeconstruedasgrantinganyrightsorprivilegestoanythirdpersonorentity,orasaguaranteeorwarrantyofprotectionfromfloodingorflooddamagetoanyperson,entityorproperty,andnothingcontainedhereinshallbeconstruedaswaivinganyimmunitytoliabilitybytheCity,theCountyand/ortheDistrict,grantedunderstatestatute,includingChapters86.12and86.15oftheRevisedCodeofWashington,orasotherwisegrantedorprovidedforbylaw.Page5of15AGENDA ITEM #2. a)
VIII.IndemnificationTothemaximumextentpermittedbylaw,theCityshalldefend,indemnifyandholdharmlesstheDistrictandKingCounty,andalloftheirofficials,employees,principalsandagents,fromanyandallclaims,demands,suits,actions,fines,penaltiesandliabilityofanykind,includinginjuriestopersonsordamagestoproperty,arisingoutof,orasaconsequenceof,thedesignandimplementationoftheProject.AstoallotherobligationsunderthisAgreement,tothemaximumextentpermittedbylaw,eachPartyshalldefend,indemnifyandholdharmlesstheotherParty,andallofitsofficials,employees,principalsandagents,fromanyandallclaims,demands,suits,actions,fines,penaltiesandliabilityofanykind,includinginjuriestopersonsordamagestoproperty,arisingoutoforrelatingtoanynegligentacts,errorsoromissionsoftheindemnifyingPartyanditscontractors,agents,employeesandrepresentativesinperformingtheseobligationsunderthisAgreement.However,ifanysuchdamagesandinjuriestopersonsorpropertyarecausedbyorresultfromtheconcurrentnegligenceofKingCountyoritscontractors,employees,agents,orrepresentatives,andtheCityoritscontractororemployees,agents,orrepresentatives,eachParty’sobligationhereunderappliesonlytotheextentofthenegligenceofsuchPartyoritscontractororemployees,agents,orrepresentatives.ThisindemnificationprovisionshallnotbeconstruedaswaivinganyimmunitygrantedtotheCity,theDistrict,orKingCounty,understatestatute,includingchapters86.12and86.15RCW,astoanyotherentity.EachPartyagreesthatitsobligationsunderthissubparagraphextendtoanyclaim,demand,andlorcauseofactionbroughtby,oronbehalfof,anyofitsemployeesoragents.Forthispurpose,eachParty,bymutualnegotiation,herebywaives,withrespecttotheotherPartyonly,anyimmunitythatwouldotherwisebeavailableagainstsuchclaimsundertheIndustrialInsuranceprovisionsofTitle51RCW.IntheeventthataPartyincursanyjudgment,award,andlorcostarisingtherefrom,includingattorneys’fees,toenforcetheprovisionsofthisArticle,allsuchfees,expenses,andcostsshallberecoverablefromtheresponsiblePartytotheextentofthatParty’sculpability.ThisindemnificationshallsurvivetheterminationofthisAgreement.IX.CounterpartsThisAgreementmaybeexecutedincounterparts.Page6oflsVAGENDA ITEM #2. a)
INWITNESSWHEREOF,thePartiesheretohaveexecutedthisagreementonthe______dayof_______________,2012.ApprovedastoFormKingCon:jBy:___________By:/2a/LTitle:DeptityProsecutingAttorneyTitle:Director,DepartmentoftlaturalResourcesandParksApprovedastoFormCityofRentonBy:LawrenceJ.WarrenBy:DenisLaw_______________Title:CityAttorneyTitle:Mayor__________________Attest:BonnieIWaltonCityClerkLPage7of15AGENDA ITEM #2. a)
ExhibitOneScopeofWorkCedarRiverGravelRemovalProjectProjectDescriptionTheCedarRiverGravelRemovalProject(“Project”)hastwoprimarycomponents:gravelremovalandmitigation.Gravelremovalwillinvolveseveralphases,including:stagingandmobilization,fishexclusionofthesiteandfishremoval/rescue,careanddiversionofwater,gravelremoval,haulinganddisposal,siterestoration,anddemobilization.Gravelremovalisexpectedtobeaccomplishedwithheavyequipment(excavators,bulldozers,frontendloaders,graders,earthmovers,etc.)anddumptrucks.Duetotheextensivelengthoftheprojectsite,gravelremovalmaybebrokenintoseveralsequencedphasescoveringsmaller,moremanageableworkareas.Also,theworkmayneedtooccuroverthesummersof2014and2015.Inthiscase,severaloftheabovedescribedactivitieswouldberepeatedforeachsuccessivephase.Anyworkactivitiesthatwilltakeplacebelowtheordinaryhighwaterlevelcanoccuronlyduringapermitprescribedsummerinstreamworkwindow.However,otherworkactivitiesthatwilltakeplaceabovetheordinaryhighwaterlevelmayoccuroutsidetheinstreamworkwindow,suchasstagingandmobilization,stockpiling,haulinganddisposalofgravelspoil,somesiterestoration,anddemobilization.MitigationisthesecondprimarycomponentoftheProject.Itisexpectedthatimpactstoin-riverandriparianhabitatresultingfromgravelremovalactivitieswillrequiremitigation.AtthetimeofexecutionoftheattachedAgreement,whethermitigationwillberequiredandwhatitwillconsistofisunknown.Thenatureandextentofanyrequiredmitigationwillbedeterminedthroughconsultationwithregulatoryandtribalagenciesduringthedesignandpermittingprocess.Duringthe1998gravelremovalproject,theCityagreedwithregulatoryandtribalagenciestomitigateforhabitatimpactsbyconstructingaspawningchannelfartherupriverandprovidingongoinggravelsupplementationbelowLandsburgdam.Page8of15AGENDA ITEM #2. a)
ScopeofWorkTheScopeofWorkwillincludealltasksandactivitiesnecessarytoimplementtheProject,includingboththegravelremovalandanyrequiredmitigation,asdetailedbelowunderthefollowingtaskheadings.1.ProjectManagement2.EngineeringandDesign3.EnvironmentalReviewandPermitting4.OutreachandStakeholderInvolvement5.ConstructionContractSolicitationandAward6.ConstructionTask1.ProjectManagementTheCityshallmanagetheProjectscope,scheduleandbudgettoensuretimelyandeffectiveProjectimplementation.ThisincludescoordinatingCitystaffandmanagement,Countystaffandmanagement,consultants,contractors,andProjectstakeholders.ThistaskalsoincludesprovidingquarterlyprojectprogressreportstoWLRD.ThistaskwillbeongoingthroughoutthedurationoftheProject.Actions:•Quarterlyprojectmanagementcoordinationmeetings(meetingsmayberequestedmorefrequentlyif/whendeemednecessary).TheKingCountyProjectLiaison(KCPL)willbeprovidedtheopportunitytoattendallmeetings.Deliverables:•Quarterlyprogressreports(reportsmayberequestedmorefrequentlyif/whendeemednecessary,suchasduringconstruction),toincludescope/schedule/budgetstatus,accomplishments,issuesandconcerns,nextstepsandactionitems•Quarterlyinvoicesforprojectexpensereimbursement,subjecttoWLRDreviewandapprovalPage9of15AGENDA ITEM #2. a)
Task2.EngineeringandDesignTheCityshallprepareplans,specifications,quantityandcostestimatesandothertechnicalinformationrequiredtoobtainpermits,informstakeholdersandthepublic,developcontractdocumentsandconstructtheProject.Alsoincludedareplanning,datacollectionandsupportinganalysesandstudies.Thismayincludehydrologicandhydraulicanalyses,geomorphicanalyses,geotechnicalengineering,topographicandbathymetricsurvey,habitatsurvey,andallotheractionsnecessarytocompletethistask.Thistaskwillbesupportedbyexistingdataandinformationincludingrivercross-sectiondata,spawningdata,andhydraulicmodels.Obtaininganynecessaryconstructioneasementsarealsoincludedinthistask.Actions:•DesignKickoffMeeting•DesignReviewMeetings•SiteVisitsTheKCPLwillbeprovidedtheopportunitytoattendallmeetingsandsitevisits.Deliverables:•ConsultantRFPs•ConsultantSOWs•TechnicalReportsandMemos•MitigationAlternativeSelection•30%DesignPackage(PS&E,engineersestimate,technemo)•60%DesignPackage(PS&E,engineersestimate,techmemo)•90%DesignPackage(PS&E,engineersestimate,techmemo)•FinalDesignPackage(PS&E,engineersestimate,techmemo)TheKCPLwillbeprovidedwiththeopportunitytoreviewandcommentonallconsultantRFPsandscopesofwork,technicalreportsandmemos,andalldesignpackages.TheCity’sPagelOaf15AGENDA ITEM #2. a)
selectedconsultant,selectedmitigationalternativeandthefinaldesignpackagearesubjecttoapprovalbyKCPL.Task3.EnvironmentalReviewandPermittingTheCitywillconductallrequiredenvironmentalreviewandobtainallpermitsnecessarytoconstructtheProject.Thiswillincludecompilingexistingdataandinformation,collectingnewdata,conductinganalysesandpreparecorrespondingreportsasnecessarytodocumentexistingconditionsasneededtoconductrequiredenvironmentalreview(suchasSEPA),preparingandsubmittingallnecessarypermitapplications,anddeterminingmitigationrequirements.Dependingonthenatureandextehtofanyrequiredmitigation,anticipatedpermitsandconsultationsmayinclude•USArmyCorpsofEngineers—404andSection10permits•USF&WSandNMFS—ESAConsultation•MuckleshootIndianTribe-Consultation•WDFW—HydraulicProjectApproval•WDOE—401Certification,NPDESconstructionpermit•WDOE—CZMconsistencyandShorelinesreview•WDNR—AquaticUseAuthorizationIAquaticLandsLease•WDAFIP—Culturalresourcescompliance•CityPermits(gravelremoval)—Shorelines,Grading,CriticalAreasoCountyPermits(mitigation)—Shorelines,Grading,CriticalAreasActions:•Pre-applicationmeetingswithagencies•Publicmeetingsassociatedwithenvironmentalreviewprocess°Sitevisitswithagencies,asneededTheKCPLwillbeprovidedtheopportunitytoparticipateinthesemeetingsandsitevisits.Page11oilSAGENDA ITEM #2. a)
Deliverables:•Publicationsassociatedwithenvironmentalreviewprocess(suchasdraftandfmalSEPAChecklist)•Publicationsassociatedwithagencyconsultationandpermitapplications(suchasbiologicalassessment)•Othertechnicalreportssupportingpermitapplications•PermitapplicationsTheKCPLwillbeprovidedtheopportunitytoreviewandcommentupontheabovepriortosubmittalofpermitapplicationstoregulatoryagencies.Task4.OutreachandStakeholderInvolvementTheCitywillconductproactiveoutreachandinvolvementwithProjectstakeholdersandthepublic.Projectsuccesswilldependonearly,closeandconsistentcoordinationwithaffectedstakeholders,including:theBoeingCompany,theRentonMunicipalAirport,theMuckleshootIndianTribe,citizensgroups,andregulatoryagencies(local,stateandfederal).Whileoutreachtoinformandsolicitfeedbackfromthegeneralpublicwillbeimportant,morefocusedandtargetedcoordinationwithkeystakeholdersthroughouttheProjectcyclewillbeessential.Actions:•StakeholderMeetings•PublicMeetingsTheKCPLwillbeprovidedtheopportunitytoattendallmeetings.Deliverables:•PublicMeetingNotices•PressReleases•ProjectWebpageTheKCPLwillbeprovidedtheopportunitytoreviewandcommentuponalldeliverablespriortorelease.Page12of15AGENDA ITEM #2. a)
Task5.ConstructionContractSolicitationandAwardTheCitywillconductallactionsnecessarytosolicit,awardandexecuteaconstructioncontract.Actions:•Biddocumentpackagepreparation•Bidadvertisement•Pre-bidsitevisit•Contractorevaluationandselection•ContractexecutionTheKCPLwillbeprovidedtheopportunitytoparticipateinthepre-bidsitevisit,andtoreviewandcommentuponthebiddocumentpackage,andcontractorevaluationandselection.TheawardofthecontractsissubjecttoKCPLapproval.Deliverables:•ConstructionBidDocuments•ConstructionContractTask6.ConstructionTheCitywillimplementallstepsnecessarytoimplementtheprojectincludingconstruction,constructionmanagement,compliancewithpermitconditions,constructioninspectionandreporting.ConstructionincludesboththeCedarRivergravelremovalandanyrequiredmitigationrequirementsassociatedwiththegravelremoval.Actions:•Periodicsitevisitstobothgravelremovalandmitigationconstructionsites•PunchlistwalkthroughanddocumentationDeliverables:•Constructionmanagementplan•ChangeordersPage13of15AGENDA ITEM #2. a)
•CompletedconstructionprojectTheKCPLwillbegiventheopportunitytoreviewandcommentupontheconstructionmanagementplan.Anyconstructionchangeordersinexcessof$50,000aresubjecttoKCPLapproval.Page14of15AGENDA ITEM #2. a)
V.EstimatedCostsProjectManagementEngineeringandDesignEnvironmentalReviewandPermittingOutreachandStakeholderInvolvementConstructionContractSolicitationandAwardConstruction—GravelRemovalConstruction—MitigationMonitoringandMaintenanceEstimatedCost($)$300,000$450,000$300,000$20,000$20,000$3,000,000$530,000TBD$4,620,000$693,000$5,313,000ItemTask1.Task2.Task3.Task4.Task5.Task6.Task7.Task8.Subtotal15%ContingencyTOTALCostShareResponsibilitiesItemCostShare(5)WLRD-KCFCD$5,163,000City—KCFCDOpportunityFund$150,000TOTAL55,313,000Page15of15AGENDA ITEM #2. a)
It1;.”AGENDA ITEM #2. a)
AB - 1686
City Council Regular Meeting - 13 Jun 2016
SUBJECT/TITLE: Sprint Communications Company L.P. Franchise Agreement
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Community & Economic Development
STAFF CONTACT: Amanda Askren, Property & Technical Services Manager
EXT.: 7369
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
Sprint Communications Company L.P. is the third-largest long distance telephone company in the United
States and the principal subsidiary of the Sprint Corporation and headquartered in Overland Park, Kansas.
Sprint Communications Company L.P. has requested a franchise agreement with the City of Renton in order to
provide broadband internet and telephone services. A separate franchise would be pursued if Sprint
Communications Company L.P. seeks to provide cable services in the future. The franchise being sought with
the City of Renton would allow for the installation of communication facilities, specifically fiber optic cable and
related appurtenances, under, along, over, below and through, and across 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 Sprint Communications Company L.P. 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 City and Sprint Communications Company L.P. for the proposed franchise
agreement would be effective for a period of ten (10) years. A possible 5-year renewal is allowed for, via the
franchise, at the City’s discretion. The agreement is formatted to group 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.
EXHIBITS:
A. Issue Paper
B. Draft Ordinance
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to enter into a franchise agreement with Sprint Communications Company
L.P. as a purveyor of broadband telecommunication services within the City of Renton.
AGENDA ITEM #3. a)
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE:June 13, 2016
TO:Randy Corman, Council President
Members of Renton City Council
VIA:Denis Law, Mayor
FROM:C.E. “Chip” Vincent, CED Administrator, x6588
STAFF CONTACT:Amanda Askren, Property & Technical Services Manager, x7369
SUBJECT:Sprint Communications Company L.P. Franchise Agreement
ISSUE:
Should Council authorize the Mayor and City Clerk to enter into a franchise agreement
with Sprint Communications Company L.P.?
RECOMMENDATION:
Staff recommends that Council should authorize the Mayor and City Clerk to enter into a
franchise agreement with Sprint Communications Company L.P. as a purveyor of
broadband telecommunication services within the City of Renton.
BACKGROUND SUMMARY:
Sprint Communications Company L.P. is the third-largest long distance telephone
company in the United States and the principal subsidiary of the Sprint Corporation and
headquartered in Overland Park, Kansas. Sprint Communications Company L.P. has
requested a franchise agreement with the City of Renton in order to provide broadband
internet and telephone services. A separate franchise would be pursued if Sprint
Communications Company L.P. seeks to provide cable services in the future. The
franchise being sought with the City of Renton would allow for the installation of
communication facilities, specifically fiber optic cable and related appurtenances, under,
along, over, below and through, and across 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 Sprint Communications Company L.P. 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.
AGENDA ITEM #3. a)
Randy Corman, Council President
Page 2 of 3
June 13, 2016
The length of term agreed to by the City and Sprint Communications Company L.P. for
the proposed franchise agreement would be effective for a period of ten (10) years. A
possible 5-year renewal is allowed for, via the franchise, at the City’s discretion.
The agreement is formatted to group 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 SPRINT COMMUNICATIONS COMPANY L.P. FRANCHISE AGREEMENT
1.Definitions: Provides definitions of key terms used in the agreement.
2.Purpose: Explains purpose of the cooperative agreement.
3.Privileges Conveyed: Grants basic franchise rights to Sprint Communications
Company L.P. 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 Authority: Explains legal
obligations for Sprint Communications Company L.P.
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.Emergency Work – Permit Waiver: Requires prompt response in an emergency
and defers permits to correct dangerous conditions.
13.Records of Installation: Requires as-built drawings and provision of plans for
potential improvements upon City request.
14.Undergrounding of Facilities: Requires undergrounding consistent with Renton
Municipal Code.
15.Relocation of Franchisee Facilities: Sprint Communications Company L.P. 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 for judicial relief.
AGENDA ITEM #3. a)
Randy Corman, Council President
Page 3 of 3
June 13, 2016
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.
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 Sprint Communications Company L.P., its successors and contractors.
27.Effective Date: Franchise becomes effective five days after legal publication.
Sprint Communications Company L.P. 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:Mark Peterson, Fire Chief & Fire and Emergency Services Administrator
Gregg Zimmerman, Public Works Administrator
Jennifer Henning, Planning Director
Lys Hornsby, Utility Systems Director
Brianne Bannwarth, Development Engineering Manager
Pat Miller, Construction Inspector Supervisor
Holly Powers, Development Services Representative
AGENDA ITEM #3. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING UNTO
SPRINT COMMUNICATIONS COMPANY L.P. AUTHORIZED TO DO BUSINESS
WITHIN THE STATE OF WASHINGTON, ITS AFFILIATES, SUCCESSORS AND
ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY AND MASTER PERMIT TO INSTALL
COMMUNICATIONS FACILITIES UNDER, ALONG, OVER, BELOW AND THROUGH
AND ACROSS THE STREETS, AVENUES AND ALLEYS OF THE CITY OF RENTON
WITHIN THE PUBLIC RIGHT‐OF‐WAY OF RENTON.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION I. Definitions
For the purposes of this Franchise and any attachments, the following defined terms,
phrases, words and their derivations shall have the meaning provided below. When not
inconsistent with the context in which the word is used, words used in the present tense
include the future, words in the plural include the singular, words in lower case shall have their
defined meaning even if the words are not capitalized, and words in the singular include the
plural. Undefined words shall be given their common and ordinary meaning.
1.1 Administrator: Means the Administrator of Renton’s 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 remove, replace, repair, and/or restore
any existing Facility, and may include, but are not limited to, digging and/or excavating to
remove, replace, repair, and restore existing pipeline(s) and/or Facilities.
1.3 Cost: Means any costs, fees, or expenses, including but limited to attorneys’ fees.
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1.4 Facility or Facilities: Means, collectively or individually, any and all
telecommunication transmission and distribution systems, including but not limited to, poles,
wires, lines, conduits, ducts, cables, braces, guys, anchors and vaults, switches, fixtures, and
communication systems; and any and all other equipment, appliances, attachments,
appurtenances and other items necessary, convenient, or in any way appertaining to any and all
of the foregoing, whether the same be located over or under ground.
1.5 Franchise: Means this ordinance and any related amendments, attachments,
exhibits, or appendices.
1.6 Franchise Area: Means all present and future Renton Rights‐of‐Way for public
roads, alleys, avenues, highways, streets, and throughways 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.
1.7 Franchisee: Means Sprint Communications Company L.P., authorized to do
business within the State of Washington, and its respective successors and assigns, and when
appropriate agents, contractors (of any tier), employees, officers and representatives.
1.8 Hazardous Substance: Means any hazardous, toxic, or dangerous substance,
material, waste, pollutant, or contaminant, including all substances designated under the
Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the Comprehensive
Environmental Response, Compensation and Usability Act, 42 U.S.C. § 9601 et seq.; the
Hazardous Materials Transportation Act, 49 U.S.C. § 1801 et seq.; the Federal Water Pollution
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Control Act, 33 U.S.C. § 1257 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the Toxic
Substances Control Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide, Fungicide, Rodenticide
Act, 7 U.S.C. § 136 et seq.; the Washington Hazardous Waste Management Act, RCW Chapter
70.105, and the Washington Model Toxics Control Act, RCW Chapter 70.1050, as they exist or
may be amended (“Environmental Law”); 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.
1.9 Laws: Means any federal, state, or municipal code, statute, ordinance, decree,
executive order, governmental approval, guideline, permit, procedure, regulation, regulatory
program, order, rule, specification, standard, Environmental Law, or governmental authority,
that relate to telecommunications services, including but not limited to 47 U.S.C. § 101, et. seq.
(Telecommunications Act of 1996), RCW 19.122 (Underground Utilities), WAC 480‐80 (Utilities
General – Tariffs and Contracts), RCW 35.99 (Telecommunications, Cable Television Service –
Use of Right‐of Way), WAC Chapter 296‐32 (Safety Standards for Telecommunications), RCW
Chapter 80.36 (Telecommunications), WAC Chapter 480‐120, et. seq., (Telephone Companies),
RCW Chapter 35.96 (Electric and Communication Facilities – Conversion to Underground), and
any related Laws. All references to Laws shall mean as they exist, may be amended or created.
1.10 Parties: Means the City of Renton and Sprint Communications Company L.P.
1.11 Public Properties: Means present and/or future property owned or leased by
Renton within Renton’s present and/or future control and/or jurisdictional boundaries.
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1.12 Public Ways: Means any highway, street, alley, sidewalk, utility easement (unless
their use is otherwise restricted for other users), or other public Rights‐of‐Way for motor
vehicles or any other uses under Renton’s control and/or in its jurisdictional boundaries,
consistent with RCW 47.24.020 (Jurisdiction, control) and 47.52.090 (Cooperative agreements
— Urban public transportation systems — Title to highway — Traffic regulations —
Underground utilities and overcrossings — Passenger transportation — Storm sewers — City
street crossings).
1.13 Rights‐of‐Way: Means the surface and the space above and below streets,
roadways, highways, avenues, courts, thoroughfares, lanes, alleys, sidewalks, easements, and
similar Public Property, Public Ways, and areas located within the Franchise Area.
1.14 Tariff: Has the meaning provided in WAC 480‐80‐030 (Definitions), or such
similar definition describing rate schedules, rules and regulations relating to charges and service
as may be adopted by the regulatory authority with jurisdiction, under the laws of the State of
Washington, over public service companies and/or competitive telecommunication service
companies, and such competitive companies must file tariffs in accordance with WAC Chapter
480‐80. (WAC 480‐120‐026 (Tariffs)).
1.15 WUTC: Means the Washington Utilities and Transportation Commission or such
successor regulatory agency having jurisdiction over public service and/or telecommunication
service companies.
1.16 Work: Means to construct, excavate, install, maintain, remove and/or repair by,
for, or at Franchisee’s request.
SECTION II. Purpose
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2.1 Conditions: The purpose of this Franchise is to delineate the conditions relating
to Franchisee’s use of the Franchise Area and to create a foundation for the Parties to work
cooperatively in the public’s best interests after this Ordinance becomes effective. This
Franchise is granted subject to Renton’s land use authority, public highway authority, police
powers, and franchise authority, and is conditioned upon the terms and conditions provided in
this Franchise, and Franchisee’s compliance with all Laws.
2.2 Risk and Liability: By accepting this Franchise, Franchisee assumes all risks or
liabilities related to the Franchise, with no risk or liability conferred upon Renton, except as set
forth herein. This Franchise is granted upon the express condition that Renton retains the
absolute authority to grant other or further franchises in, under, on, across, over, through,
along or below 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 the Telecommunication Act of 1996 § 253(c),
RMC Chapter 5‐19 and the laws of the State of Washington including, but not limited to, RCW
47.24.020 (Jurisdiction, control), RCW 47.52.090 (Cooperative agreements — Urban public
transportation systems — Title to highway — Traffic regulations — Underground utilities and
overcrossings — Passenger transportation — Storm sewers — City street crossings), RCW
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35A.47.040 (Franchises and permits — Streets and public ways), RCW 35.22.280 (Specific
powers enumerated), RCW 35.99.020 (Permits for use of right‐of way), and 80.36.040 (Use of
road, street, and railroad right‐of way – When consent of city necessary), and any related laws,
Renton grants to Franchisee, a Delaware limited partnership, and its successors and assigns
(subject to and as provided for in Section VI, Assignment and Transfer of Franchise), under this
Franchise’s terms and conditions, the privilege to install, construct, operate, maintain and
improve its Facilities, together with all necessary equipment and appurtenances, for the
provision of telecommunications, 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.
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 shall not convey to Franchisee
any privilege to install Facilities on or to otherwise use city‐owned or leased properties or
easements outside the Franchise Area.
3.3 Principal Use Limitation: This Franchise shall not authorize a principal use of the
Franchise Area for purposes other than the provision of telecommunications, private line, and
internet access services. Franchisee may, infrequently, make or allow incidental use of excess
capacity of Facilities within the Franchise Area for other purposes.
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3.4 Franchise is Non‐Exclusive: As detailed in Section VIII, below, Renton grants this
non‐exclusive Franchise to Franchisee to operate, maintain and improve its existing Facilities as
a telephone business and service provider (as those terms are used in RCW 35.21.860).
3.5 Separate Approval Needed For New Telecommunications Lines: The limited
privileges granted under this Franchise shall not convey any privilege to Franchisee to install
any new telecommunications lines or Facilities without Renton’s express prior written consent.
3.6 Acknowledgement: Franchisee acknowledges and warrants by its acceptance of
the granted privileges, that it has carefully read and fully comprehends the terms and
conditions of this Franchise. Franchisee accepts all reasonable risks of the meaning of the
provisions, terms and conditions of the Franchise. Franchisee further acknowledges and states
that it has fully studied and considered the requirements and provisions of this Franchise, and
believes that the same are consistent with all Laws. If in the future Franchisee becomes aware
that a provision of this Franchise may be unlawful or invalid, it will not use such potential
invalidity to unilaterally ignore or avoid such provision. Instead, Franchisee will promptly advise
Renton of the potential invalidity or illegality, and the Parties will meet within thirty (30)
calendar days and endeavor jointly to amend this Franchise to cure the invalidity or illegality.
3.7 Enforceable Contract: Franchisee specifically agrees to comply with the
provisions of any applicable Laws, as they exist or may be amended. The express terms and
conditions of the Franchise constitute a valid and enforceable contract between the Parties,
subject to any Laws.
3.8 Existing Facilities Outside Franchise Area: Existing Facilities installed or
maintained by Franchisee in accordance with prior franchise agreements on public grounds and
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places within Renton (but which are not a part of the Franchise Area as defined by this
Franchise) may be maintained, repaired and operated by Franchisee at the location where such
Facilities exist as of the effective date of this Franchise for the term of this Franchise; provided,
however, that no such Facilities may be enlarged, improved or expanded without Renton’s prior
review and approval pursuant to the provisions of any applicable Laws.
3.9 Third Parties: Nothing in this Franchise shall be construed to create or confer any
privilege or remedy upon any person(s) other than Renton and Franchisee. No action may be
commenced or prosecuted against any Party by any third party claiming as a third party
beneficiary of this Franchise. This Franchise shall not release or discharge any obligation or
liability of any third party to either Party.
SECTION IV. Term
4.1 Length of Term: Each of the provisions of this Franchise shall become effective
upon Franchisee’s acceptance of the terms and conditions of this Franchise and shall remain in
effect for ten (10) years, unless it is terminated pursuant to Section XIII, Termination, Violations,
and Remedies. At any time not more than two (2) years nor less than one hundred and eighty
(180) calendar days before the expiration of the Franchise Term, Franchisee may make a
written request and Renton may consider, at its sole discretion, renewing this Franchise for an
additional five (5) year renewal period, unless either party expresses its intention in writing to
terminate this Franchise at the conclusion of the ten (10) year term.
4.2 Extension upon Expiration: If the Parties fail to formally renew or terminate the
Franchise prior to the expiration of its term or any extension, the Franchise shall be extended
on a year‐to‐year basis until the Franchise is renewed, terminated or extended.
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SECTION V. Recovery of Costs
5.1 Administrative Fee: Pursuant to RCW 35.21.860(1)(b), Renton may charge
Franchisee an administrative fee to recover all actual administrative expenses incurred by
Renton that are directly related to receiving and approving a permit, license and this Franchise,
to inspect plans and construction, or for the preparation of a detailed statement pursuant to
SEPA (RCW Chapter 43.21C). Where Renton incurs actual administrative expenses, including
but not limited to fees, expenses, and/ or costs for reasonable 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 bill
based on an actual cost basis.
5.2 Utility Tax: Pursuant to RCW 35.21.870 (Electricity, telephone, natural gas, or
steam energy business — Tax limited to six percent — Exception) and RCW 35.21.860(1)(a),
Renton may impose a utility tax on Franchisee consistent with the utility tax imposed on other
similarly situated telephone businesses or service providers.
5.3 Franchise Fee: Pursuant to RCW 35.21.860(1)(d) (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.
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5.4 Cost of Publication: Franchisee shall bear the entire Cost of publication of this
Ordinance.
5.5 Permit Fee: Franchisee shall be subject to all permit fees associated with
activities undertaken through the authority granted in this Franchise or under Laws.
5.6 Emergency Fee: Franchisee shall promptly reimburse Renton for any and all
Costs incurred by Renton while responding to any emergency involving the Franchise.
5.7 Reimbursement Period: Franchisee shall reimburse Renton within Forty‐five (45)
calendar days of Renton’s submittal of an itemized billing for reasonably incurred Costs,
itemized by project, for Franchisee’s proportionate share of all actual, identified expenses
incurred by Renton in planning, constructing, installing, repairing, altering, or maintaining any
city facility due to the presence in the Public Way of Franchisee’s Facilities.
SECTION VI. Assignment and Transfer of Franchise
6.1 City Council Approval Required: Franchisee may not sell, assign, transfer, lease or
dispose of this Franchise, either in whole or in part, and Franchisee may not pass title or permit
it to vest, either legally or equitably, in any person or entity without the passage of an
ordinance or resolution, provided that Franchisee may assign this Franchise to a parent or
affiliate upon prior written notice to City. 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. For the purposes of this section, a merger or corporate
reorganization of any entity controlling, controlled by or under common control with
Franchisee shall not be deemed a transfer or assignment.
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6.2 Acceptance: If Renton consents, within thirty (30) calendar days of that consent,
Franchisee shall file with Renton a written instrument evidencing such sale, assignment or
transfer of ownership, with the assignee(s) or transferee(s) acceptance of the Franchise and all
of its terms and conditions.
SECTION VII. Compliance with Laws ‐ Reservation of Powers and Authority
7.1. Compliance: In every aspect related to this Franchise, including but not limited to
all Work, Franchisee shall comply with all applicable Laws, whether specifically mentioned in
this Franchise or not.
7.2. Incorporation of RMC 5‐19, Telecommunications Licenses and Franchises: The
conditions, provisions, requirements and terms and of RMC Chapter 5‐19 are fully incorporated
by reference into this franchise agreement, unless the language of this agreement requires a
different act or omission.
7.3. Reference to Specific Law or Order: Upon written inquiry by either Party, the
other Party shall provide a specific reference to the federal, state, or local law or the WUTC
order or action establishing a basis for such Party’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 across, along, below, in, over, through, or under, the
Franchise Area.
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8.2 Renton’s Use of Franchise Area: This Franchise shall not prevent, prohibit, limit
or affect Renton’s use of the Franchise Area, consistent with this Franchise; or Renton’s
jurisdiction over the Franchise Area. The Parties agree that Renton reserves and retains all of
its statutory, inherent and other powers and franchise authority, as they exist or shall exist.
SECTION IX. Permits, Construction and Restoration
9.1 Free Passage of Traffic: Franchisee shall at all times maintain its Facilities within
the Franchise Area so as not to unreasonably interfere with the free passage of traffic,
pedestrians or the use and enjoyment of adjoining property. Franchisee shall at all times post
and maintain proper barricades and comply with all applicable Laws, safety regulations and
standards during such period of construction.
9.2 Permit Application Required: Except in the event of an emergency, Franchisee
shall first obtain all required documentation and approvals, including permits from Renton to
perform Work on Franchisee’s Facilities within the Franchise Area. The permit application shall
contain detailed plans, maps and specifications showing the position, depth and location of all
such Facilities in relation to existing Franchise Area, collectively referred to as the “Plans.” The
Plans shall specify the class and type of material and equipment to be used, manner of
excavation, construction, installation, backfill, erection of temporary structures and facilities,
erection of permanent structures and facilities, traffic control, traffic turnouts and road
obstructions, and all other necessary information. Franchisee shall submit to Renton as‐built
plans and, when available, digital facility location data in a format compatible with the City’s
geographic Information system. Such Work shall only commence upon the issuance of required
permits, and payment of the associated fees, which permits shall not be unreasonably
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withheld, conditioned or delayed after submission of a complete application. Franchisee shall
further inform Renton of any time or date that Franchisee is performing Work within the
Franchise Area to allow Renton to inspect such work. Undergrounding Work within City streets
shall be accomplished through boring rather than open trenching whenever reasonably
feasible.
9.3 Boring Required: Work involving undergrounding of Franchisee’s facilities within
City streets shall be accomplished through boring rather than open trenching whenever
reasonably feasible. Franchisee will CCTV all Renton owned sewer and storm drain lines on the
boring route following completion of the boring work and prior to activating the facility being
constructed to verify that these Renton owned lines were not damaged by the boring
work. Upon request from Franchisee, Renton may allow for other methods to meet the
requirement as may be approved by Renton as part of permitting.
9.4 Damage Repair: If Renton utilities are damaged by boring or trenching
Franchisee crews will promptly notify the appropriate Renton staff. Franchisee will be
responsible for excavating and shoring for the repair, and providing appropriate traffic control
measures. Renton maintenance staff will provide the appropriate repair couplings and piping
and perform the repair work. After the repair is complete Franchisee crews will back fill and
restore the surface. Franchisee shall reimburse Renton for all expenses incurred by Renton that
are directly related to the repair of any lines damaged by the boring activity.
9.5 Facility Placement: The parties intend that the specific location of Facilities
within the Franchise Area (and similar facility‐related matters of a specific nature requiring
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detailed case‐by‐case analysis) is to be determined in accordance with applicable Laws
(including, without limitation, rights of appeal).
9.6 Lateral Support: Whenever Work on Facilities within the Franchise Area have
caused or contribute to a condition that appears to substantially impair or substantially impairs
the lateral support of the Franchise Area, Renton may direct Franchisee, at Franchisee’s sole
expense, to take such actions as are reasonably necessary within the Franchise Area to repair
and/or not impair the lateral support. In the event that Franchisee fails or refuses to take
prompt action, or if an emergency situation requires immediate action, Renton may enter the
Franchise Area and take any action necessary to protect the public, any Public Way, Public
Property, and Right‐of‐Way, and Franchisee shall be liable to Renton for all costs, fees, and
expenses resulting from that necessary action. This provision shall survive the expiration,
revocation or termination of this Franchise.
9.7 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.
9.8 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 twenty‐five
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thousand dollars ($25,000) that shall remain in effect for the term of this Franchise. The bond
shall be conditioned so that Franchisee shall observe all the covenants, terms and conditions
and shall faithfully perform all of the obligations of this Franchise, and to repair or replace any
defective work or materials discovered in the Franchise Area. The bond shall ensure the faithful
performance of Franchisee’s obligations under the Franchise, including, but not limited to,
Franchisee’s payment of any penalties, claims, liens, or fees due Renton that arise by reason of
the operation, construction, or maintenance of the Facilities within the Franchise Area.
Franchisee shall pay all premiums or other costs associated with maintaining the bond.
Additionally, if Renton determines that the Performance Bond is inadequate to ensure
Franchisee’s performance of a project, Franchisee shall post any additional bonds required to
guarantee performance by Franchisee in accordance with the conditions of any permits and/or
the requirements of this Franchise. In lieu of a separate bond for routine individual projects
involving work in the Franchise Area, Franchisee may satisfy Renton’s bond requirements by
posting a single on‐going performance bond in an amount approved by Renton.
9.9 Workmanship: All Work done by Franchisee or at Franchisee’s direction or on its
behalf, including all Work performed by contractors or subcontractors, shall be considered
Franchisee’s Work and shall be undertaken and completed in a workmanlike manner and in
accordance with the descriptions, plans and specifications Franchisee provided to Renton, and
be warranted for at least two (2) years. Franchisee’s activities (including work done at
Franchisee’s direction or on its behalf) shall not damage or interference with other franchises,
licenses, utilities, drains or other structures, or the Franchise Area, and shall not unreasonably
interfere with public travel, park uses, other municipal uses, adjoining property, and shall not
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endanger the safety of or injure persons and property. Franchisee’s Work shall comply with all
applicable Laws.
9.10 Material and Installation Methods: As a condition of receiving the privilege to
work within the Franchise Area, Franchisee shall assume full responsibility for using materials
and installation methods that are in full compliance with city standards and shall verify this by
the submittal of documentation of materials and testing reports when requested by Renton. All
costs for performing on‐site testing, such as compaction tests, shall be borne by Franchisee.
9.11 Damage During Work: In case of any damage caused by Franchisee, or by
Franchisee’s Facilities to Franchise Area, Franchisee agrees to repair the damage to conditions
that meet or exceed requirements established by the Washington State Department of
Transportation, at its own cost and expense. Franchisee shall, upon discovery of any such
damage, immediately notify Renton. Renton will inspect the damage, and set a time limit for
completion of the repair, such time limit to be no less than thirty (30) days from Franchisee’s
receipt of written notice. If Renton discovers damage caused by Franchisee to the Franchise
Area, Renton will give Franchisee written notice of the damage and set a reasonable time limit
of no less than thirty (30) days following Franchisee’s receipt of written notice 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. Franchisee will reimburse Renton within thirty (30) days following receipt of written
notice together with reasonable supporting documentation evidencing such expense.
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9.12 Member of Locator Service: Franchisee shall continuously be a member of the
State of Washington one number locator service under RCW 19.122, Underground Utilities, or
an approved equivalent, and shall comply with all applicable Laws.
9.13 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
to the condition existing immediately prior to such Work. All restoration of Rights‐of‐Way,
sidewalks and other improvements or amenities shall conform to the City of Renton Standard
Specifications for Road, Bridge and Municipal Construction and the City of Renton’s Trench
Restoration Standards in effect at that time, and 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.
9.14 Survey Monuments: All survey monuments which are disturbed or displaced by
Franchisee in its performance of any work under this Franchise shall be referenced and restored
by Franchisee, in accordance with WAC 332‐120, (Survey Monuments – Removal or
Destruction), and other applicable Laws.
9.15 Failure to Restore: If it is determined that Franchisee has failed to restore the
Franchise Area in accord with this section, Renton shall provide Franchisee with written notice
including a description of actions Renton believes necessary to restore the Franchise Area. If
Franchisee fails to restore the Franchise Area in accord with Renton’s notice within thirty (30)
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calendar days of Franchisee’s receipt of that notice, Renton, or its authorized agent, may
restore the Franchise Area at Franchisee’s sole and complete expense. Franchisee will
reimburse Renton within thirty (30) days following receipt of written notice together with
reasonable supporting documentation evidencing such expense. The privilege granted under
this section shall be in addition to others provided by this Franchise.
SECTION X. Coordination and Shared Excavations
10.1 Coordination: The Parties shall make reasonable efforts to coordinate any Work
that either party may undertake within the Franchise Area to promote the orderly and
expeditious performance and completion of such Work, and to minimize any delay or hindrance
to any construction work undertaken by themselves or utilities within the Franchise Area. At a
minimum, such efforts shall include reasonable and diligent efforts to keep the other party and
other utilities within the Franchise Areas informed of its intent to undertake Work. Franchisee
and Renton shall further each exercise its best efforts to minimize any delay or hindrance to any
construction work either may undertake within the Franchise Area. Any associated costs
caused by any construction delays to Renton or to any contractor working for Renton due to
Franchisee’s failure to submit and adhere to Franchisee’s plans and schedule in relocating or
installing Franchisee facilities shall be the sole responsibility of Franchisee, provided, however,
Franchisee shall not be responsible for such costs to the extent such construction delays are
due to circumstances beyond the reasonable control 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.
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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 satisfactory to both Parties.
10.3 Joint Use Policies: Renton may, during the Franchise Term, adopt policies with
respect to the Franchise Area which encourage joint use of utility facilities within the Franchise
Area. Franchisee shall cooperate with Renton and explore opportunities for joint use of utility
facilities within the Franchise Area that are consistent with applicable Laws and prudent utility
practices.
SECTION XI. Hazardous Materials
11.1 Written Approval Required: In maintaining its Facilities (including, without
limitation, vegetation management activities), Franchisee shall not apply any Hazardous
Substance, pesticide, herbicide, or other hazardous material within the Franchise Area without
prior written approval of Renton. Renton will not unreasonably withhold approval, but such
application must be in conformance to the aquifer protection regulations of Renton. If
Franchisee shall first obtain Renton’s approval to apply a specific product in accordance with a
defined procedure on an ongoing basis throughout the Franchise Area, it shall not thereafter be
necessary for Franchisee to obtain Renton’s approval on each occasion such product is applied
in accordance with such procedure. Franchisee shall notify Renton of any accident by
Franchisee involving Franchisee’s use of Hazardous Substances within the Franchise Area.
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11.2 Release of Hazardous Substance: Upon notice or discovery of a significant
release of any Hazardous Substance caused by Franchisee or expressly authorized by Franchisee
to occur upon the Franchise Area and Facilities covered by this Franchise, Franchisee shall
notify Renton within twenty‐four (24) hours of discovery. If the encountered or suspected
Hazardous Substances are not the result of the acts or omissions of Franchisee, Renton shall, at
its own expense, determine if the material is hazardous, in accordance with applicable Laws. If
the material is found to be hazardous, Renton shall, at its own expense, if possible remove,
dispose, or otherwise handle such Hazardous Substances, as necessary, in accordance with
applicable Laws. If Hazardous Substances are removed, Renton also shall provide substitute
nonhazardous substance to replace the removed substance for Franchisee to use in its
operation, if necessary. Upon approval by Renton to proceed, Franchisee shall proceed with
the operations at its own cost, with no recourse against Renton for the cost of schedule delays
incurred due to the delay in operation. If the encountered or suspected Hazardous Substances
within the Franchise Area are the result of Franchisee’s acts or omissions, Renton’s
characterization of the substances involved and any removal, disposal, or other handling costs
incurred in connection with the removal, disposal, or handling of the hazardous substances will
be at Franchisee’s sole expense. Franchisee shall be solely responsible for any expense or cost
related to environmental mitigation requirements imposed, by operation of applicable Laws or
otherwise.
SECTION XII. Emergency Work ‐ Permit Waiver
12.1 Prompt Response Required: In the event of any emergency involving damaged
Franchisee Facilities located in or under the Franchise Area, or if Franchisee’s Facilities within
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the Franchise Area pose an immediate danger to the property, life, health or safety of any
individual, Franchisee shall, upon receipt of notification from Renton of the existence of such
condition, immediately take those actions as are necessary to correct the dangerous condition.
12.2 Permit Deferred: If an emergency occurs that requires Franchisee’s immediate
action for the protection of Facilities, Renton’s property or any individual’s property, life, health
or safety, Franchisee may act immediately to correct the dangerous condition without first
obtaining any required permit so long as: (1) Franchisee notifies the Fire Department through
the dispatch system of the emergency; and (2) Franchisee informs Renton’s permitting
authority of the nature, location, and extent of the emergency, and the work to be performed,
prior to commencing the work if such notification is practical, or where such prior notification is
not practical, Franchisee shall notify Renton’s permitting authority on the next business day;
and (3) such permit is obtained by Franchisee as soon as practicable following cessation of the
emergency.
12.3 Public Service Obligations: Nothing in this section is intended, nor shall it be
construed, as a hindrance to Franchisee’s ability to take such actions as it deems necessary to
discharge its public service obligations in accordance with the laws of the State of Washington.
Nothing in this section is intended, nor shall it be construed, as preventing Renton from
recovering from Franchisee, if otherwise so entitled in accordance with applicable law, any
extraordinary costs in responding to an emergency situation involving Franchisee’s Facilities.
SECTION XIII. Records of Installation
13.1 Future Construction Plans: Upon Renton’s written request, Franchisee shall
provide to Renton copies of any plans prepared by Franchisee for potential improvements,
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relocations and conversions to its Facilities within the Franchise Area; provided, however, any
such plans so submitted shall be for informational purposes only and shall not obligate
Franchisee to undertake any specific improvements within the Franchise Area, nor shall such
plan be construed as a proposal to undertake any specific improvements within the Franchise
Area.
13.2 As‐Built Drawings: Upon Renton’s written request, and at no cost to Renton,
Franchisee shall provide to Renton copies of drawings, maps, and records in use by Franchisee
showing the location of its Facilities at specific locations within the Franchise Area. As to any
such drawings so provided, Franchisee does not warrant the accuracy of the drawings as such
Facilities are shown in their approximate location.
13.3 Design Locates: Upon Renton’s written request, in connection with the design of
any Public Works Project, Franchisee shall verify the location of its underground Facilities within
the Franchise Area by excavating (e.g., pot holing), if necessary, at no expense to Renton. In the
event Franchisee performs such excavation, Renton shall not require any restoration of the
disturbed area in excess of restoration to the same condition as existed immediately prior to
the excavation.
13.4 Disclosure to Third Parties: Any drawings and/or information concerning the
location of Franchisee's Facilities provided by Franchisee shall be used by Renton solely for
management of the Franchise Area. Renton shall take all prudent steps reasonably necessary to
prevent unnecessary disclosure or dissemination of such drawings, maps, records and/or
information to any Third‐Party without the prior approval of Franchisee, unless the Third‐Party
is an authorized governmental entity of any tier or a public records requestor.
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13.5 Utility Locates: Notwithstanding the foregoing, nothing in this section is intended
(nor shall be construed) to relieve either Party of their respective obligations arising under
applicable Laws with respect to determining the location of utility facilities.
SECTION XIV. Undergrounding of Facilities
Consistent with RMC 4‐6‐090.C (Applicability), all new Facilities installed within the
Franchise Area during the Term of this Franchise shall be located underground, consistent with
the RMC, unless it is unfeasible in Renton’s 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.
SECTION XV. Relocation of Franchisee’s Facilities
15.1 Relocation Required: Renton shall have prior and superior right to the use of the
Franchise Area for the construction, installation, maintenance and repair of its utilities and
capital improvement projects, and should any conflict arise with Renton facilities, Franchisee
shall, at its own cost and expense, conform to the utilities and capital improvement projects of
Renton. Whenever Renton undertakes (or causes to be undertaken) any public works
improvement within the Franchise Area, and such public works improvement necessitates the
relocation of Franchisee’s then existing Facilities within the Franchise Area, Renton shall:
A. Provide Franchisee with reasonable prior notice of Renton’s intent to initiate a
public works improvement, and if applicable, written notice requesting such relocation; and
B. Provide Franchisee with copies of pertinent portions of Renton’s plans and
specifications for such public works improvement.
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15.2 Franchisee Relocation Plans: After receipt of such notice and such plans and
specifications, Franchisee shall submit the Franchisee plan drawings for the relocation of the
Franchisee’s Facilities to Renton within a reasonable and agreed upon time in advance of the
preparation of Renton’s final plans and specifications for incorporation into Renton’s
construction plans. Franchisee shall complete the relocation work in a reasonable and agreed
upon time period to prevent delay to Renton’s project. Franchisee shall relocate such Facilities
within the Franchise Area at no charge to Renton. The relocation completion date will be
included in Renton’s written request for said relocation to Franchisee. Franchisee shall be solely
responsible for any associated cost caused by any construction delays to Renton’s project due
to Franchisee’s failure to comply with Franchisee’s plans and schedule in relocating or installing
Franchisee’s Facilities.
15.3 Emergency Relocation of Facilities: In the event an emergency posing a threat to
public safety or welfare requires the relocation of Franchisee’s Facilities within the Franchise
Area, Renton shall give Franchisee notice of the emergency as soon as reasonably practicable.
Upon receipt of notice, Franchisee shall respond as soon as reasonably practicable to relocate
the affected Facilities, at Franchisee’s sole expense.
15.4 Third‐Party Construction: Whenever any person or entity, other than Renton,
requires the relocation of Franchisee’s Facilities to accommodate the work of such person or
entity within the Franchise Area; or, Renton requires any third‐party to undertake work (other
than work undertaken at Renton’s cost and expense) within the Franchise Area and such work
requires the relocation of Franchisee’s Facilities within the Franchise Area, Franchisee may
condition such relocation to require such person or entity to make payment to Franchisee, at a
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time and upon terms acceptable to Franchisee for any and all costs and expenses incurred by
Franchisee in the relocation of Franchisee’s Facilities.
15.5 Third Party Construction of City Identified Project: Any condition or requirement
imposed by Renton upon any third party (including, without limitation, any condition or
requirement imposed pursuant to any contract or in conjunction with approvals or permits
obtained pursuant to any zoning, land use, construction or other development regulation)
which requires the relocation of Franchisee’s Facilities within the Franchise Area, then
Franchisee shall relocate its Facilities; provided, however, in the event Renton reasonably
determines and notifies Franchisee that the primary purpose of imposing such condition or
requirement upon such third party is to cause or facilitate the construction of a Public Works
Project to be undertaken within a segment of the Franchise Area on Renton’s behalf and
consistent with Renton’s Capital Investment Plan; Transportation Improvement Program; or the
Transportation Facilities Program, then only those costs and expenses incurred by Franchisee in
reconnecting such relocated Facilities with Franchisee’s other Facilities shall be paid to
Franchisee by such third party, and Franchisee shall otherwise relocate its Facilities within such
segment of the Franchise Area in accordance with Subsection 15.1.
15.6 Alternatives: As to any relocation of Franchisee’s Facilities whereby the cost and
expense is to be borne by Franchisee, Franchisee may, after receipt of written notice requesting
such relocation, submit in writing to Renton alternatives to relocation of its Facilities. Upon
Renton’s receipt from Franchisee of such written alternatives, Renton shall evaluate such
alternatives and shall advise Franchisee in writing if one or more of such alternatives are
suitable to accommodate the work which would otherwise necessitate relocation of
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Franchisee’s Facilities. In evaluating such alternatives, Renton shall give each alternative
proposed by Franchisee fair consideration with due regard to all facts and circumstances which
bear upon the practicality of relocation and alternatives to relocation. If Renton determines
that such alternatives are not appropriate, Franchisee shall relocate its Facilities as provided in
Subsection 15.1.
15.7 Non‐Franchise Area: Nothing shall require Franchisee to bear any cost or
expense in connection with the location or relocation of any Facilities existing under benefit of
easement or other rights not arising under this Franchise.
15.8 Indemnity for Delay: Franchisee shall indemnify, hold harmless, and pay the
costs of defending Renton against any and all actions, claims, damages, liabilities, or suits for
delays on Renton’s construction projects arising from or caused by Franchisee’s failure to
remove or relocate it Facilities in a timely manner pursuant to the provisions of this Agreement,
though Franchisee shall not be liable for damages due to delays that were out of Franchisee’s
reasonable or expected control.
15.9 Forfeiture: If the Parties mutually agreed upon memoranda of understanding
provided for by this section are not in place within one hundred and eighty (180) calendar days
of effective date of this Ordinance then Renton may, at its option and by ordinance, declare this
Franchise forfeited.
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) calendar days after such abandonment or cessation
of use. Any plan for abandonment or removal of Franchisee’s Facilities within the Franchise
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Area must be first approved by the Administrator, and all necessary permits must be obtained
prior to such Work.
16.2 Removal: In the event of Franchisee’s abandonment or permanent cessation of
use of any portion of its Facilities, or any portion of the Franchised Area, Franchisee shall,
within one hundred and twenty (120) calendar 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 it to be as safe as is reasonably possible, by removing all
lines, conduits and appurtenances, in compliance with all Laws, and abandon them in place,
provided that any aboveground Facilities shall be removed at Franchisee’s sole expense.
16.3 Restoration: In the event of the removal of all or any portion of the Facilities, to
the extent reasonably possible, Franchisee shall restore the Franchise Area to it pre‐installation
condition. Such restoration work shall be done at Franchisee’s sole cost and expense and to
Renton’s reasonable satisfaction. If Franchisee fails to remove or secure the Facilities and/or
fails to restore the premises or take such other mutually agreed upon action, Renton may, after
reasonable notice to Franchisee, remove the Facilities, restore the premises or take such other
action as is reasonably necessary at Franchisee’s sole expense and Renton shall not be liable for
any damages, losses or injuries. This remedy shall not be deemed to be exclusive and shall not
prevent Renton from seeking a judicial order directing Franchisee to remove its Facilities.
16.4 Administrative or Abandonment Fees: Renton’s consent to Franchisee’s
abandonment of Facilities in place shall not relieve Franchisee of the obligation and/or costs to
remove, alter or re‐secure such Facilities in the future in the event it is reasonably determined,
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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 the Franchise Term expires and if either Party states that it does
not wish to renew, extend and/or continue the Franchise, this Franchise shall be terminated as
of the expiration date.
17.2 Termination by Breach: If Franchisee materially breaches or otherwise fails to
perform, comply with any of the terms and conditions of this Franchise, or fails to maintain any
required license, permit or approval, and fails to cure such breach or failure within sixty (60)
calendar 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 sixty (60) calendar days, within such other reasonable period of time as the
Parties may agree upon, Renton may terminate this Franchise.
17.3 City Council Termination: This Franchise shall not be terminated except upon a
majority vote of the City Council, after reasonable notice to Franchisee and an opportunity to
be heard, provided that if exigent circumstances necessitate immediate termination, the
hearing may be held as soon as possible after the termination.
17.4 Discontinue Operations: If the Franchise is terminated, Franchisee shall
immediately discontinue operation of Facilities through the Franchise Area. In such
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circumstances, either Party may invoke the dispute resolution provisions in Section XVIII.
Alternatively, either Party may elect to seek relief directly in Superior Court, in which case the
dispute resolution requirements shall not be applicable. Once Franchisee’s privilege has
terminated, Franchisee shall comply with Franchise provision regarding removal and/or
abandonment of Facilities.
17.5 Renton Retains Right for Action: Renton’s failure to exercise a particular remedy
at any time shall not waive Renton’s right to terminate, assess penalties, or assert any equitable
or legal remedy for any future breach or default by Franchisee.
17.6 Franchisee Liability and Obligation: Termination shall not release Franchisee
from any liability or obligation with respect to any matter occurring prior to such termination,
and shall not release Franchisee from any obligation to remove and secure its Facilities and to
restore the Franchise Area.
17.7 Injunctive Relief: The Parties acknowledge that the covenants set forth in this
Franchise are essential to this Franchise, and, but for the mutual agreements of the Parties to
comply with such covenants, the Parties would not have entered into this Franchise. The
Parties further acknowledge that they may not have an adequate remedy at law if the other
party violates such covenant. Therefore, in addition to any other rights they may have, the
Parties shall have the right to obtain in any court of competent jurisdiction injunctive relief to
restrain any breach or threatened breach, or to specifically enforce any of the Franchise
covenants should the other party fail to perform them.
17.8 Renton’s Remedies: In addition to the terms of this Franchise, or rights that
Renton possesses at law or equity, Renton reserves the right to apply any of the following
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remedies, alone or in combination, in the event Franchisee violates any material provision of
this Franchise. The remedies provided for in this Franchise are cumulative and not exclusive;
the exercise of one remedy shall not prevent the exercise of another or any rights of Renton at
law or equity.
17.9 Renton Default; Remedies: If Renton materially breaches or otherwise fails to
perform, comply with any of the terms and conditions of this Franchise, and fails to cure such
breach or failure within sixty (60) calendar days of Franchisee providing Renton 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 sixty (60) calendar days, within such other
reasonable period of time as the Parties may agree upon, Franchisee may pursue any remedies
available to it against Renton at law and in equity, including, but not limited to, the right to
terminate this Franchise. Either Party may request a meeting in accordance with Subsection
18.2.
SECTION XVIII. Dispute Resolution
18.1 Notice of Default: If there is any alleged default as to performance under this
Franchise by Franchisee, Renton shall notify Franchisee in writing, stating with reasonable
specificity the nature of the alleged default. Within thirty (30) calendar days of its receipt of
such notice, Franchisee shall provide written response to Renton acknowledging receipt of such
notice and stating Franchisee’s response. Franchisee has sixty (60) calendar days (“cure
period”) from the date of the notice’s mailing to:
A. Respond to Renton, contesting Renton’s assertion(s) as to the dispute or any
alleged default and requesting a meeting in accordance with Subsection 18.2, or:
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B. Cure the alleged default, or;
C. Notify Renton if Franchisee cannot cure the alleged default within sixty (60)
calendar 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 will be taken by Franchisee and the projected
completion date. In such case, Either Party may request a meeting in accordance with
Subsection 18.2.
18.2 Meeting: If any alleged default is not cured or if a meeting is requested, pursuant
to Subsections 17.9 or 18.1, Renton shall promptly schedule a meeting between the Parties to
discuss any alleged default. Renton shall notify Franchisee of the meeting in writing and the
meeting shall take place not less than ten (10) calendar 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 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 thirty (30) calendar 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
thirty (30) calendar days of such referral (or such other period as the Parties may agree upon),
each Party may pursue resolution of the dispute through arbitration, or by filing a claim with a
court of competent jurisdiction. All negotiations pursuant to these procedures for the
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resolution of disputes shall be confidential and shall be treated as compromise and settlement
negotiations for purposes of the state and federal rules of evidence.
18.3 Additional Resolution Options: If, at the conclusion of the steps provided for in
Subsections 18.1 and 18.2 above, Renton and Franchisee are unable to settle the dispute or
agree upon the existence of a default or the corrective action to be taken to cure any alleged
default, Renton or Franchisee (as Franchisee may have authority to do so) may:
A. Take any enforcement or corrective action provided for by Law, including the city
code; provided such action does not conflict with this Franchise’s provisions, and/or;
B. Request arbitration, pursuant to Section XIX below; and/or;
C. By passage of City 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 at law or in equity 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.
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19.2 Discovery: The arbitrators shall allow appropriate discovery to facilitate a fair,
speedy and cost‐effective resolution of the dispute(s). The arbitrators shall reference the
Washington State Rules of Civil Procedure then in effect in setting the scope and timing of
discovery. The Washington State Rules of Evidence shall apply. The arbitrators may enter a
default decision against any Party who fails to participate in the arbitration proceedings.
19.3 Compensatory Damages: The arbitrators may award compensatory damages,
including consequential damages. Such damages may include, but shall not be limited to: all
costs and expenses of materials, equipment, supplies, utilities, consumables, goods and other
items; all costs and expenses of any staff; all costs and expenses of any labor (including, but not
limited to, labor of any contractors and/or subcontractors); all pre‐arbitration costs and
expenses of consultants, attorneys, accountants, professional and other services; and all taxes,
insurance, interest expenses, overhead and general administrative costs and expenses, and
other costs and expenses of any kind incurred in connection with the dispute. The arbitrator
may award equitable relief in those circumstances where monetary damages would be
inadequate.
19.4 Award: Any award by the arbitrators shall be accompanied by a written opinion
setting forth the findings of fact and conclusions of law relied upon in reaching the decision.
The award rendered by the arbitrators shall be final, binding and non‐appealable, and judgment
upon such award may be entered by any court of competent jurisdiction.
19.5 Each Party’s Costs: Except as provided in Section 19.7 below, each Party shall pay
the fees of its own attorneys, expenses of witnesses, and all other expenses and costs in
connection with the presentation of such Party’s case including, without limitation, the cost of
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any records, transcripts or other things used by the Parties for the arbitration, copies of any
documents used in evidence, certified copies of any court, property or city documents or
records that are placed into evidence by a Party.
19.6 Arbitration Costs: Except as provided in Subsection 19.7 below, the remaining
costs of the arbitration, including without limitation, fees of the arbitrators, costs of records or
transcripts prepared for the arbitrator's use in the arbitration, costs of producing the
arbitrator’s decision and administrative fees shall be borne equally by the Parties.
19.7 Costs for Multiple Arbitrations: Notwithstanding the foregoing Subsections 19.5
and 19.6, in the event either Party is found during the term of this Franchise to be the
prevailing party in any two (2) arbitration proceedings brought by such Party pursuant to this
Section XIX, then such Party shall be entitled to recover all reasonably incurred Costs, including
attorney fees, for any subsequent arbitration brought by them in which they are found to be
the prevailing party.
19.8 Transcript Costs: In the event a Party makes a copy of an arbitration proceeding
transcript for its use in writing a post‐hearing brief, or an arbitration decision copy to append to
a lawsuit to reduce the award to judgment, etc., then that Party shall bear the cost, except to
the extent such cost might be allowed by a court as court costs.
19.9 Either party may apply to the arbitrator seeking injunctive relief, until the
arbitration award is rendered or the controversy is otherwise resolved.
19.10 Either party may also, without waiving any remedy under this Agreement, seek
from any court of competent jurisdiction, any interim or provisional relief that is necessary to
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protect the rights or property of the party, pending the arbitrator's final decision on the merits
of the controversy.
SECTION XX. Alternative Remedies
No provision of this Franchise shall be deemed to bar the right of Renton or Franchisee
to seek or obtain judicial relief from a violation of any Franchise provision or any rule,
regulation, requirement or directive. Neither the existence of other Franchise remedies nor the
use of such remedies shall bar or limit the right of Renton or Franchisee to recover monetary
damages for violations by the other Party, or to seek and obtain judicial enforcement of the
other Party’s obligations by means of specific performance, injunctive relief or mandate, or any
other remedy at law or in equity.
SECTION XXI. Amendments to Franchise
This Franchise may only be amended by written instrument, signed by the Parties,
specifically stating that it is an amendment to this Franchise and is approved and executed in
accordance with State of Washington laws. Without limitation, and unless required by any
Laws, this Franchise shall govern and supersede and shall not be altered, limited, supplemented
or otherwise amended by any permit, approval, license, agreement or other document required
by or obtained from Renton in conjunction with Franchisee’s exercise or failure to exercise any
and 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
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Franchise. In the event of any conflict or inconsistency between the provisions of this Franchise
and the provisions of any such permit, approval, license, agreement or other document, except
as expressly required by Laws and/or superseded by such permit, approval, license, agreement
or other document, the Franchise provisions shall control.
SECTION XXII. Indemnification
22.1 Renton: In Sections XXII and XXIII, “Renton” means the City of Renton, and its
elected officials, agents, employees, officers, representatives, consultants (of any level), and
volunteers.
22.2 Indemnification by Franchisee: Franchisee shall indemnify, defend, not bring suit
against, and hold harmless Renton, from and against any and every third party action, claim,
cost, damage, death, expense, harm, injury, liability, or loss of any kind, in law or in equity, to
persons or property, including reasonable attorneys’ and experts’ fees and/or costs incurred by
Renton in its defense, arising out of or related to, directly or indirectly, to Franchisee’s Work or
abandonment of Facilities, or from the existence of Franchisee’s Facilities, and the products
contained in, transferred through, any signals or emissions from the Facilities, released or
escaped from the Facilities, including the reasonable costs of assessing such damages and any
liability for costs of investigation, abatement, correction, cleanup, fines, penalties, or other
damages arising under 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
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proceeding is brought against Renton by reason of Franchisee’s Facilities, Franchisee shall
defend Renton at Franchisee’s sole expense, provided that, for uninsured actions or
proceedings, defense attorneys shall be approved by Renton, which approval shall not be
unreasonably withheld. The terms of this section shall not require Franchisee to indemnify
Renton against and hold harmless Renton from claims, demands or suits based upon Renton’s
negligent or willful conduct, and provided further that if the claims or suits are caused by or
result from the concurrent negligence of (a) the Franchisee’s agents, officers, or employees and
(b) Renton, this provision with respect to claims or suits based upon such concurrent negligence
shall be valid and enforceable only to the extent of Franchisee’s negligence or the negligence of
Franchisee’s agents or employees except as limited in this Franchise.
22.3 Environmental Indemnification: Franchisee shall indemnify, defend, not bring
suit against, 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
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under any Laws; and (e) liability for personal injury, property damage, or economic loss arising
under any statutory or common‐law theory or Laws.
22.4 Title 51 Waiver: Franchisee’s indemnification obligations pursuant to this section
shall include assuming potential liability for actions brought by Franchisee’s own employees
and the employees of Franchisee's agents, representatives, contractors (of any tier) even
though Franchisee might be immune under RCW Title 51 from direct suit brought by such
employees. It is expressly agreed and understood that this assumption of potential liability for
actions brought by the aforementioned persons is limited solely to claims against Renton
arising by virtue of Franchisee’s exercise of the privileges set forth in this 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 under Title 51 RCW as provided in RCW
4.24.115 (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc.).
22.5 Real Estate Indemnity: Should a court of competent jurisdiction determine that
this Franchise is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability
for negligence relative to construction, alteration, improvement, etc.), as it exists or may be
amended, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of Franchisee, its
officers, officials, employees, and volunteers and/or the contractor, or Renton, its elected
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officials, officers, officials, employees, and volunteers, and or the contractor, the Party’s liability
shall be only to the extent of the Party’s negligence.
22.6 Notice: In the event any matter for which Renton intends to assert its rights
under this section is presented to or filed with Renton, Renton shall promptly notify Franchisee
and Franchisee shall have the privilege, at its election and at its sole costs and expense, to settle
and compromise such matter as it pertains to Franchisee’s responsibility to indemnify, defend
and hold harmless Renton. In the event any suit or action is started against Renton based upon
any such matter, Renton shall likewise promptly 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.
22.7 Recovery of City Costs: In the event that Renton is required to defend a “suit or
action” 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 25.2 occurred during the Franchise Term.
22.9 Negotiated: THE PARTIES HAVE SPECIFICALLY NEGOTIATED SECTION XXII,
INDEMNIFICATION.
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SECTION XXIII. Insurance
23.1 Insurance Required: Franchisee shall procure and maintain for the duration of
the Franchise, insurance, or provide evidence of self‐insurance, against all claims for injuries to
persons or damages to property which may arise from or in connection with the exercise of the
privileges granted by Franchise to Franchisee. Franchisee shall provide to Renton an insurance
certificate, and/or a certificate of self‐insurance, together with an endorsement on the general
and automotive liability policies, naming Renton as an additional insured upon Franchisee’s
acceptance of this Franchise, and such insurance certificate shall evidence the following
minimum coverages:
A. Commercial general liability insurance including but not limited to, blanket
contractual, property damage, operations, explosions and collapse hazard, underground hazard
(XCD) and products completed hazard, with limits not less than five million dollars ($5,000,000)
for each occurrence and with limits not less than five million dollars ($5,000,000) in the
aggregate for bodily injury or death to each person, property damage, or any other type of loss.
The coverage amounts set forth above may be met by a combination of underlying and umbrella policies
so long as in combination the limits equal or exceed those stated.
B. Automobile liability for owned, non‐owned and hired vehicles with a limit of
three million dollars ($3,000,000) for each person and three million dollars ($3,000,000) for
each accident; The coverage amounts set forth above may be met by a combination of underlying and
umbrella policies so long as in combination the limits equal or exceed those stated.
C. Worker’s compensation within statutory limits consistent with the Industrial
Insurance laws of the State of Washington.
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23.2 Claims Made Basis: If coverage is purchased on a “claims made” basis, then
Franchisee warrants continuation of coverage, either through policy renewals or the purchase
of an extended discovery period, if such extended coverage is available, for not less than three
(3) years from the date of termination of this Franchise and/or conversion from a “claims
made” form to an “occurrence” coverage form.
23.3 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.
23.4 Named Insured: Renton, its officers, officials, employees, agents and volunteers
shall be named as an additional insured on the insurance policy, as respects to work performed
by or on behalf of Franchisee and the endorsement naming Renton as additional insured shall
be indicated on the certificate of insurance or certification of self‐insurance.
23.5 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) calendar
days prior written notice by certified mail, return receipt requested, of suspension,
cancellation, or material change in coverage.
23.6 Cancellation: In addition to the coverage requirements set forth in this section,
the certificate of insurance shall provide that: “The above described policies will not be
canceled before the expiration date, without the issuing company giving sixty (60) business
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days prior written notice to the certificate holder.” 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.
23.7 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 endorsements 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.
23.8 Separate Coverage: Franchisee’s insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer’s liability.
23.9 Self‐Insurance: In addition to the foregoing insurance/self‐insurance
requirements, Franchisee may also insure or self‐insure against additional risks in such amounts
as are consistent with prudent utility practices. Franchisee shall, upon request, provide Renton
with sufficient evidence that such self‐insurance is being so maintained.
23.10 Survival: The indemnity and insurance provisions under Sections XXII and XXIII
shall survive the termination of this Franchise and shall continue for as long as Franchisee’s
Facilities remain in or on the Franchise Area or until the Parties execute a new Franchise that
modifies or terminates these indemnity or insurance provisions.
SECTION XXIV. Discrimination Prohibited
In connection with this Franchise, including and not limited to all Work, hiring and
employment, neither Franchisee nor its employees, agents, subcontractors, volunteers or
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representatives shall discriminate on the basis of race, color, sex, religion, nationality, creed,
marital status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any sensory,
mental or physical handicap, unless based upon a bona fide occupational qualification in
relationship to hiring and employment, in employment or application for employment or in the
administration of the delivery of services or any other benefits under this Franchise. Franchisee
shall comply fully with all applicable Laws that prohibit such discrimination. A copy of this
language must be made a part of any contractor or subcontractor agreement.
SECTION XXV. Notice
25.1 Whenever notice to or notification by any Party is required, that notice shall be
in writing and directed to the recipient at the address set forth below, unless written notice of
change of address is provided to the other Party. Any notice or information required or
permitted to be given to the Parties under this Franchise may be sent to following addresses
unless otherwise specified:
City Address:
City of Renton
Administrator, Community and Economic Development Department
1055 South Grady Way
Renton, WA 98055
Phone: (425) 430‐6588
Franchisee Address:
Sprint Communications Company L.P.
Attn: Manager, Real Estate
KSOPHT0101‐Z2040
6391 Sprint Parkway
Overland Park, KS 66251‐Z2040
Copy Franchisee Notice to:
Sprint Legal Department
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Attn: Real Estate Attorney
6391 Sprint Parkway
MS: KSOPHT0101 – Z2020
Overland Park, KS 66251
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.
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.
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26.3 Assignment: Franchisee may not assign or transfer this Franchise without the
written consent of the City Council of Renton, which consent shall not be unreasonably
withheld. Any assignee or transferee shall, at least thirty (30) calendar days prior to the date of
any assignment or transfer, file written notice of the assignment or transfer with Renton,
together with its written acceptance of all of the Franchise’s terms and conditions.
Notwithstanding the foregoing, Franchisee may assign this Franchise, without notice or
consent, to any entity controlling, controlled by or under common control with Franchisee.
Franchisee shall have the privilege, without such notice or such written acceptance, to
mortgage its benefits and privileges in and under this Franchise to the trustee for its
bondholders. The Franchise terms and conditions shall be binding upon the Parties' respective
assigns and successors.
26.4 Attorneys’ Fees: If a suit or other action is instituted in connection with any
controversy arising out of this Franchise, the prevailing party shall be entitled to recover all of
its Costs, including such sum as the court may judge as reasonable for attorneys' fees, costs,
expenses and attorneys' fees upon appeal of any judgment or ruling.
26.5 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.
26.6 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.
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26.7 Eminent Domain: This Franchise shall not preclude a governmental body from
acquiring the Franchise Area by lawful condemnation, or Renton from acquiring any portion of
the Facilities by lawful condemnation. In determining the Facilities’ value, no value shall be
attributed to the right to occupy the Franchise Area.
26.8 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.
26.9 Forfeiture and Other Remedies: If Franchisee willfully violates or fails to comply
with any of the Franchise provisions following the expiration of all applicable notice and cure
periods, or through willful or unreasonable negligence fails to heed or comply with any notice
that Renton may give to Franchisee under the Franchise provisions following the expiration of
all applicable notice and cure periods, then Franchisee shall, at the election of the Renton City
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Council, forfeit all privileges conferred and this Franchise may be revoked or annulled after a
hearing held upon reasonable notice to Franchisee.
26.10 Franchisee’s Acceptance: Renton may void this Franchise Ordinance if Franchisee
fails to file its unconditional acceptance of this Franchise within thirty (30) calendar 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.
26.11 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.
26.12 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 or in the King County Superior Court for the State
of Washington at the Maleng Regional Justice Center, Kent, Washington.
26.13 No Duty by Renton: This Franchise neither creates any duty by Renton nor any of
its elected officials, agents, employees or representatives, and no liability arises from any action
or inaction by Renton or any of its elected officials, agents, employees or representatives in the
exercise of their powers or authority. Renton is not required to inspect or guarantee
Franchisee’s Work. This Franchise is not intended to acknowledge, create, imply or expand any
duty or liability of Renton with respect to any function in the exercise of its police power or for
any other purpose. Any duty that may be deemed to be created in Renton by this Franchise
shall be deemed a duty to the general public and not to any specific party, group or entity.
26.14 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
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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.
26.15 Other Obligations: This Franchise shall not alter, change or limit Franchisee’s
obligations under any other agreement or its obligations as it relates to any other property or
endeavor.
26.16 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.
26.17 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).
26.18 Remedies Cumulative: Any remedies provided for under the terms of this
Franchise are not intended to be exclusive, but shall be cumulative with all other remedies
available to at law, in equity, or by statutes, unless specifically waived in this Franchise or in a
subsequent signed document.
26.19 Section Headings: The section headings in this Franchise are for convenience
only, and do not purport to and shall not be deemed to define, limit, or extend the scope or
intent of the section to which they pertain.
26.20 Severability: In the event that a court or agency of competent jurisdiction
declares a material provision of this Franchise to be invalid, illegal or unenforceable, the Parties
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shall negotiate in good faith and agree, to the maximum extent practicable in light of such
determination, to such amendments or modifications as are appropriate so as to give effect to
the intentions of the Parties. If severance from this Franchise of the particular provision(s)
determined to be invalid, illegal or unenforceable will fundamentally impair the value of this
Franchise, either Party may apply to a court of competent jurisdiction to reform or reconstitute
the Franchise so as to recapture the original intent of said particular provision(s). All other
provisions of the Franchise shall remain in effect at all times during which negotiations or a
judicial action remains pending.
26.21 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 necessary to prevent substantial injustice to an injured party.
26.22 Third Parties: The Parties do not create any obligation or liability, or promise any
performance to, any third party, nor have the Parties created any third party right to enforce
this Franchise beyond what is provided for by Laws. Third parties are any party other than
Renton and Franchisee. This Franchise shall not release or discharge any obligation or liability of
any third party to either Party.
26.23 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.
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26.24 Waiver of Worker’s Compensation Immunity: Franchisee waives its Worker’s
Compensation immunity under RCW Title 51 in any cases involving Renton and affirms that
Renton and Franchisee have specifically negotiated this provision, to the extent it may apply.
SECTION XXVII. Effective Date
This Ordinance shall be in full force and effect from and after its passage, approval, and
five (5) calendar days after its legal publication as provided by law, and provided it has been
duly accepted by Franchisee.
PASSED BY THE CITY COUNCIL this _____ day of ________________, 2016.
___________________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this ______ day of __________________, 2016.
__________________________________
Denis Law, Mayor
Approved as to form:
_________________________________
Lawrence J. Warren, City Attorney
Date of Publication: _______________
ORD:1876:5/18/16:scr
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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: _________________, 2016.
Sprint Communications Company L.P.
____________________________________
By: James B. Farris
Its: Manager, Real Estate
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Attachment 1
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