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CITY OF RENTON
AGENDA - City Council Regular Meeting
7:00 PM - Monday, February 1, 2021
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
Due to the COVID-19 pandemic, Councilmembers are attending this meeting remotely
through Zoom. Audience comments will be accommodated through Zoom, but the public is
requested to sign up for such testimony by calling 425-430-6501 or emailing
cityclerk@rentonwa.gov or jmedzegian@rentonwa.gov by 10 a.m. on the day of the meeting.
The public may also submit comments in writing to cityclerk@rentonwa.gov by 5 p.m. on the
day of the meeting.
For those wishing to attend by Zoom, please (1) click this link:
https://us02web.zoom.us/j/83533009277?pwd=ZjN4em5wakpnRi8xY3JGWTNYWVpJZz09 (or
copy the URL and paste into a web browser) or (2) call-in to the Zoom meeting by dialing 253-
215-8782 and entering 835 3300 9277 Passcode 347602, or (3) call 425-430-6501 by 10 a.m.
on the day of the meeting to request an invite with a link to the meeting.
Those providing audience comments will be limited to 5 minutes each speaker unless an
exception is granted by the Council. Attendees will be muted and not audible to the Council
except during times they are designated to speak. Advance instructions for how to address
the Council will be provided to those who sign up in advance to speak and again during the
meeting.
1. CALL TO ORDER
2. ROLL CALL
3. ADMINISTRATIVE REPORT
4. AUDIENCE COMMENTS
NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any
ballot measure or candidate in City Hall and/or during any portion of the council meeting,
including the audience comment portion of the meeting, is PROHIBITED.
5. CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and
the recommended actions will be accepted in a single motion. Any item may be removed for
further discussion if requested by a Councilmember.
a) Approval of Council Meeting minutes of January 25, 2021.
Council Concur
b) AB - 2796 City Clerk reports bid opening on December 22, 2020 for the NE 16th St -
Jefferson Ave NE Stormwater Green Connection project, CAG-21-002; and submits the
staff recommendation to award the contract to the lowest responsive and responsible
bidder, Strickland & Sons Excavation, LLC, in the amount of $2,811,189.30.
Council Concur
c) AB - 2784 Community Services Department submits CAG-19-254, Cedar River Boathouse
Float Replacement project, contractor Marine Floats, and recommends release of
retainage in the amount of $21,503.07 after 60 days once all State releases have been
received.
Council Concur
6. UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be
held by the Chair if further review is necessary.
a) Transportation Committee: Lease Addendum #11 with Boeing Employees Flying
Association (LAG-87-001); 2021-2022 ORCA Business Cards & Passport Agreement,
Williams & Wells Temporary Road Closures*
b) Utilities Committee: ExteNet Systems Franchise Agreement*, Private Storm Drainage
Easement in ROW
7. LEGISLATION
Resolution:
a) Resolution No. 4426: Authorizing Temporary Road Closures for Williams-Wells
Conversion Project (See Item 6.a)
Ordinance for first reading:
b) Ordinance No. 6013: ExteNet Franchise Ordinance (See Item 6.b)
Ordinance for second and final reading:
c) Ordinance No. 6011: Graves Annexation - A-19-001 (First Reading 1/25/2021)
8. NEW BUSINESS
(Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more
information.)
9. ADJOURNMENT
COMMITTEE OF THE WHOLE MEETING AGENDA
(Preceding Council Meeting)
6:00 p.m. - 7th Floor - MEETING REMOTELY
Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21
To view Council Meetings online, please visit rentonwa.gov/councilmeetings
January 25, 2021 REGULAR COUNCIL MEETING MINUTES
CITY OF RENTON
MINUTES - City Council Regular Meeting
7:00 PM - Monday, January 25, 2021
Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way
CALL TO ORDER
Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM.
ROLL CALL
Councilmembers Present:
Randy Corman, Council President
Angelina Benedetti, Council Position No. 2
Valerie O'Halloran, Council Position No. 3
Ryan McIrvin, Council Position No. 4
Ed Prince, Council Position No. 5
Ruth Pérez, Council Position No. 6
Kim-Khánh Vǎn, Council Position No. 7
(All councilmembers attended remotely)
Councilmembers Absent:
ADMINISTRATIVE STAFF PRESENT
Armondo Pavone, Mayor
Ed VanValey, Interim CAO
Alex Tuttle, Assistant City Attorney
Jason Seth, City Clerk
Julia Medzegian, Council Liaison
Judith Subia, Interim Council Liaison
Kristi Rowland, Organizational Development Manager
Preeti Shridhar, Deputy Public Affairs Administrator
Chip Vincent, Community & Economic Development Administrator
Martin Pastucha, Public Works Administrator
Kari Roller, Interim Administrative Services Administrator
Ellen Bradley-Mak, Human Resources and Risk Management Administrator
Ron Straka, Public Works Utility Systems Director
Rob Shuey, Building Official
Kim Gilman, HR Labor Manager
AGENDA ITEM #5. a)
January 25, 2021 REGULAR COUNCIL MEETING MINUTES
Clark Close, Senior Planner
Interim Chief Jon Schuldt, Police Department Administrator
Commander Dave Leibman, Police Department
(All City staff attended remotely except City Clerk Seth)
ADMINISTRATIVE REPORT
Interim CAO Ed VanValey reviewed a written administrative report summarizing the City’s
recent progress towards goals and work programs adopted as part of its business plan for
2021 and beyond. Items noted were:
• Construction for the Coulon Playground replacement is complete and the playground
opened to the public on Wednesday, January 20. The new play equipment was
chosen based on a community survey conducted in the summer of 2020. The new
playground includes many all-abilities components: an all-abilities see-saw, group
swing and individual swings, and two unique climbing structures. The project is
funded by the taxpayers of Washington state through a state direct legislative
appropriation.
• The Sunset Neighborhood Park construction is complete and the park will have a
“virtual grand opening” on Wednesday, January 27, with the park officially opening to
the public on Thursday, January 28. This new 3.2-acre park celebrates a long-range
vision coming to fruition, accomplished through ongoing partnerships, community
involvement, collaboration, and investments. The park will be a gathering place at the
heart of the Sunset area, providing quality-of-life amenities including: looped
pedestrian walkways with pergolas and seating; age appropriate children’s play areas
and fitness equipment with rubberized safety surfacing; plaza with seating and mist
water feature; picnic gazebo and restrooms; art; and a large lawn for gathering and
playing. $5.3 million in outside funding has been invested to leverage city funding to
support this great project!
• Preventative street maintenance will continue to impact traffic and result in
occasional street closures.
CONSENT AGENDA
Items listed on the Consent Agenda were adopted with one motion, following the listing.
a) Approval of Council Meeting minutes of January 11, 2021. Council Concur.
b) AB - 2785 City Clerk reported bid opening on December 17, 2020 for CAG-21-001, Downtown
Utility Improvement Project, and submitted the staff recommendation to award the contract
to the lowest responsive and responsible bidder, SCI Infrastructure, in the amount of
$10,555,986.64. Council Concur.
c) AB - 2790 City Clerk submitted the quarterly list of fully executed contracts & leases between
10/1/2020 - 12/31/2020, and a report of agreements expiring between 1/1/2021 –
6/30/2021. None; Information Only.
d) AB - 2793 City Clerk reported receipt of the King County Boundary Review Board Closing
Letter for the Graves Annexation, A-19-001, and submitted the staff recommendation to
adopt the ordinance effectuating the Graves Annexation. Council Concur.
AGENDA ITEM #5. a)
January 25, 2021 REGULAR COUNCIL MEETING MINUTES
e) AB - 2792 Community & Economic Development Department recommended approval of a
franchise agreement with ExteNet System, Inc. as a purveyor of telecommunication
transmission and distribution systems within City limits. Refer to Utilities Committee.
f) AB - 2794 Community & Economic Development Department recommended granting a
private storm drainage easement to the Quadrant Corporation within unimproved NE 43rd St
right-of-way for the purpose of conveying storm water from the Rhododendron Ridge plat to
the City's existing storm drainage system within Lincoln Ave NE. Refer to Utilities Committee.
g) AB - 2788 Public Works Administration requested authorization to change the 2021-2022
adopted budget to reflect a reduction of 2.0 Full-Time Equivalent (FTE) Solid Waste
Maintenance Workers positions and the addition of 2.0 FTE Maintenance Services Worker I
(Street/Solid Waste) positions. Refer to Finance Committee.
h) AB - 2791 Public Works Airport Division recommended approval of Addendum No. 11-21 to
LAG-001-87, with Boeing Employees Flying Association, Inc., increasing its land rental rate to
$131,296.96 plus leasehold excise tax, annually through December 31, 2022. Refer to
Transportation (Aviation) Committee.
i) AB - 2795 Public Works Transportation Systems Division recommended approval of the 2021-
2022 ORCA Business Cards and Business Passports Agreement in order to purchase 298 ORCA
passes, totaling $69,362.48, in order to help reduce congestion and improve air quality as part
of the State's Commute Trip Reduction (CTR) program. Refer to Transportation (Aviation)
Committee.
j) AB - 2787 Public Works Transportation Systems Division requested authorization to conduct a
series of temporary road closures to facilitate the construction of the Williams Ave S and
Wells Ave Conversion Project. Each of the closures is scheduled to last seven (7) days,
however Council approval for a closure of 14 days is requested in the event of a weather
delay, or other unforeseen issues. These closures will occur between February 15 and April
16, 2021. The order in which the closure will occur has not yet been determined, but the
closures will occur one at a time with no overlap. Refer to Transportation (Aviation)
Committee.
k) AB - 2789 Public Works Utility Systems Division submitted the Benson Road South Culvert
Improvement Project 2020, CAG-20-121, contract with Nordvind Sewer Service, LLC, and
requested acceptance of the project and release of the retainage bond once all of the
required releases from the State have been obtained. Council Concur.
MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCL CONCUR TO APPROVE
THE CONSENT AGENDA, AS PRESENTED. CARRIED.
UNFINISHED BUSINESS
a) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation
to approve the following payments:
1. Accounts Payable – total payment of $7,179,073.16 for vouchers, 10240-10249,
389514, 389523-389524, 389527-389819; payroll benefit withholding vouchers
6470-6481, 389516-389522, 389525-389526 and two wire transfers.
2. Payroll – total payment of $1,478,069.26 for payroll vouchers that include 560 direct
deposits and 2 checks. (12/16/20-12/31/20 pay period).
3. Kidder Mathews vouchers 6260-6277 totaling $35,520.67.
AGENDA ITEM #5. a)
January 25, 2021 REGULAR COUNCIL MEETING MINUTES
MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
b) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation
to approve the Renton City Hall - Phase 2 Improvement (ESCO), CAG-20-101, with McKinstry
Essention, in the amount of $2,407,491.
MOVED BY O'HALLORAN, SECONDED BY PRINCE, COUNCIL CONCUR IN THE
COMMITTEE RECOMMENDATION. CARRIED.
MOVED BY CORMAN, SECONDED BY PRINCE, COUNCIL SUSPEND THE RULES TO
AMEND THE AGENDA TO ADD AN EMERGENCY ORDINANCE. CARRIED.
LEGISLATION
Added Ordinance for first reading and advancement to second and final reading:
a) Ordinance No. 6012: An ordinance was read adopting Interim Zoning Controls for the Urban
Center (UC) zone by amending Subsections 4-2-080.A.6.iv, 4-2-120.A, 4-4-150.C, 4-4-150.D,
and 4-4-150.E of the Renton Municipal Code; providing for severability; declaring an
emergency; and establishing an immediate effective date.
MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL ADVANCE THE ORDINANCE
FOR SECOND AND FINAL READING AT TONIGHT'S MEETING. CARRIED.
Following second and final reading, it was
MOVED BY PRINCE, SECONDED BY PÉREZ, COUNCIL ADOPT THE ORDINANCE AS
READ. ROLL CALL: ALL AYES. CARRIED.
Ordinance for first reading:
b) Ordinance No. 6011: An ordinance was read annexing certain territory to the City of Renton
(Graves Annexation; File No. A-19-001) and establishing an effective date.
MOVED BY CORMAN, SECONDED BY PRINCE, COUNCIL REFER THE ORDINANCE
FOR SECOND AND FINAL READING AT THE NEXT COUNCIL MEETING. CARRIED.
Ordinance for second and final reading:
c) Ordinance No. 6010: An ordinance was read amending Subsection 4-5-030.B.2; Section 4-5-
040; Subsections 4-5-050.A and 4-5-050.C; and Sections 4-5-051, 4-5-055, 4-5-090, 4-5-100, 4-
5-110, and 4-5-130 of the Renton Municipal Code; adopting by reference and amending the
most recent versions of the Renton Electrical Code, the International Building Code, the
Washington State Energy Code, the International Residential Code, the International
Mechanical Code, the National Fuel Gas Code, the Uniform Plumbing Code, and the
International Property Maintenance Code; providing for severability; and establishing an
effective date.
MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE
AS READ. ROLL CALL: ALL AYES. CARRIED.
AGENDA ITEM #5. a)
January 25, 2021 REGULAR COUNCIL MEETING MINUTES
NEW BUSINESS
Please see the attached Council Committee Meeting Calendar.
EXECUTIVE SESSION & ADJOURNMENT
MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL RECESS INTO EXECUTIVE
SESSION FOR APPROXIMATELY 15 MINUTES TO DISCUSS LABOR NEGOTIATIONS
PURSUANT TO RCW 42.30.140(4)(B), WITH NO OFFICIAL ACTION TO BE TAKEN AND
THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION IS
ADJOURNED. CARRIED. TIME: 7:16 P.M.
Executive session was conducted. There was no action taken. The Council meeting adjourned
when the Executive Session adjourned at 7:32 p.m.
Jason A. Seth, MMC, City Clerk
Jason Seth, Recorder
25 Jan 2021
AGENDA ITEM #5. a)
Council Committee Meeting Calendar
January 25, 2021
February 1, 2021
Monday
3:30 PM Utilities Committee, Chair Benedetti - Videoconference
1. ExteNet Systems Franchise Agreement
2. Private Storm Drainage Easement in Right of Way
3. Emerging Issues in Utilities
- Downtown Utility Improvement Project Update
- NE 16th St & Jefferson Stormwater and Water System Replacement Project
- Water System Plan Adoption Schedule Update
4:30 PM Community Services Committee, Chair Văn - Videoconference
1. Update on Age-friendly City Initiative
5:00 PM Transportation Committee, Chair McIrvin - Videoconference
1. Lease Addendum with Boeing Employees Flying Association
2. 2021-2022 ORCA Business Cards and Passport Agreement
3. Williams and Wells Temporary Closures
6:00 PM Committee of the Whole, Chair Corman – Videoconference
1. Housing Action Plan Update
7:00 PM Council Meeting – Corman - Videoconference
AGENDA ITEM #5. a)
AB - 2796
City Council Regular Meeting - 01 Feb 2021
SUBJECT/TITLE: CONTRACT AWARD: NE 16th St - Jefferson Ave NE Stormwater Green
Connections Project; CAG-21-002
RECOMMENDED ACTION: Council Concur
DEPARTMENT: City Clerk
STAFF CONTACT: Jason Seth, City Clerk
EXT.: 6502
FISCAL IMPACT SUMMARY:
Total project budget: $3,850,443.88
Contract Amount: $2,811,189.30
Engineer's Estimate: $3,495,100.00
SUMMARY OF ACTION:
The City Clerk's office conducted a bid opening on December 22, 2020 for the NE 16th St - Jefferson Ave NE
Stormwater Green Connections - CAG-21-002. The lowest responsive and responsible bid met the following
three Council criteria:
1) There was more than one bid;
2) The lowest responsive and responsible bid is within the total project budget;
3) There were no irregularities with the lowest responsive and responsible bid.
Therefore, staff recommends awarding the NE 16th St - Jefferson Ave NE Stormwater Green Connection
project, CAG-20-002, to the lowest responsive and responsible bidder, Strickland & Sons Excavation, LLC, in
the amount of $2,811,189.30.
EXHIBITS:
A. Staff Recommendation (including Staff Bid Tab)
B. Staff Bid Review Document
C. Clerk Bid Tab
STAFF RECOMMENDATION:
Award the NE 16th St - Jefferson Ave NE Stormwater Green Connection project, CAG-20-002, to the lowest responsive
and responsible bidder, Strickland & Sons Excavation, LLC, in the amount of $2,811,189.30.
AGENDA ITEM #5. b)
Construction\1601-Bid Info\Bid Award\1-Memo to Clerk – Bid Award NE 16th & Jefferson.docx\JMmc
PUBLIC WORKS DEPARTMENT
M E M O R A N D U M
DATE:January 25, 2021
TO:Jason Seth, City Clerk
FROM:Ron Straka, Utility Systems Director
STAFF CONTACT:Jared McDonald, P.E., Surface Water Utility Engineer, x7293
SUBJECT:Bid Opening and Recommendation for Award of Contract for
NE 16th St – Jefferson Ave NE Stormwater Green Connections
Project, CAG-21-002
The Public Works Department has reviewed the bids submitted for the NE 16th St- Jefferson
Ave NE Stormwater Green Connections Project and recommends that the contract CAG-21-
002 be awarded to the lowest, responsive bidder, Strickland & Sons Excavation, LLC, in the
amount of $2,811,189.30. The engineer’s estimate for the project is $3,495,100.00, which
includes Washington State sales tax as appropriate. We request that this item be placed on
the February 1, 2021 Council meeting consent agenda for Council Concur.
The bid opening was held on December 22, 2020. Fourteen bids were received. The low bid
was submitted by Strickland & Sons Excavation, LLC, in the total amount of $2,811,189.30
including all schedules and sales tax as appropriate. The Bid Schedule breakdown is as shown
below (includes tax as appropriate):
Schedule A – Roadway and Stormwater Improvements: $1,941,977.00
Schedule B – Water Improvements: $759,487.30
Schedule C – Irrigation System: $109,725.00
We have checked the bids for mathematical errors and found twenty-two minor errors in
seven other submitted bids that would not affect the low bid. A tabulation of the bids is
attached.
We have verified that Strickland & Sons Excavation, LLC. is the lowest responsible bidder, and
that they have submitted a responsive bid. Exhibit 1 (attached) outlines our evaluation of
Strickland & Sons Excavation, LLC based upon state law, city policy 250-02, and contract
requirements (Special Provision 1-02.13 and 1-02.14). We have also contacted references, the
cities of Poulsbo and Duvall, to confirm that satisfactory work was performed on similar
projects in their jurisdictions. Both cities confirmed satisfactory work was performed by low
bidder and they would contract with them in the future.
AGENDA ITEM #5. b)
City Clerk
Page 2 of 2
January 25, 2021
Construction\1601-Bid Info\Bid Award\1-Memo to Clerk - Bid Award NE 16th & Jefferson.docx\JMmc
Funding is available through the following approved budgets:
Schedule A–Roadway and Stormwater Improvements is funded by the approved 2020
Surface Water Utility Capital Improvement Program budget for the NE 16th/Jefferson
Ave NE project (427.475508) in the total amount of $2,768,212.88.
Schedule B–Water is funded by the approved 2020 Water Utility Capital Improvement
Program budget for the Highlands Water Main Improvement project (425.455572) in
the total amount of $1,000,000.
Schedule C–Irrigation System is primarily funded by the Community Services
Department in the amount of $82,231.00, with partial funding from the NE
16th/Jefferson Ave NE Surface Water Utility Capital Improvement Program budget
(427.475508). The Surface Water Utility is a co-beneficiary of the irrigation system
which will provide irrigation to the plantings in the bioretention cells and ensure their
survival and ability to effectively treat stormwater runoff, in addition to the irrigation
of the additional planting strip-landscape areas in city right-of-way to be constructed
by the project.
There are sufficient funds in the budgets to fund the project construction contract.
Attachments
cc: Martin Pastucha, Administrator
Abdoul Gafour, Water Utility Engineering Manager
Joseph Farah, Surface Water Utility Engineering Manager
AGENDA ITEM #5. b)
Project NE 16th St Jefferson Ave NE Stormwater Green Connections ProjectCity of RentonBID DATE:12/22/2020Engineers EstimateItem No. DescriptionUnit Quantity Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid Amount Unit Price Bid AmountSchedule AA1 Minor ChangeEstimate 1 52,500.0052,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00 $52,500.00A2 Construction Surveying, Staking, and As-Built Drawings Lump Sum 1 31,050.0031,050.00 $34,650.00 $34,650.00 $27,500.00 $27,500.00 $32,000.00 $32,000.00 $28,400.00 $28,400.00 $27,000.00 $27,000.00 $23,500.00 $23,500.00 $20,000.00 $20,000.00 $25,000.00 $25,000.00 $30,000.00 $30,000.00 $33,000.00 $33,000.00 $37,000.00 $37,000.00 $50,000.00 $50,000.00 $27,390.00 $27,390.00 $85,000.00 $85,000.00 $34,317.14 $34,317.14A3 SWPPP and TESC Plan and ImplementationLump Sum 1 45,000.0045,000.00 $28,600.00 $28,600.00 $25,000.00 $25,000.00 $15,000.00 $15,000.00 $47,500.00 $47,500.00 $7,500.00 $7,500.00 $25,000.00 $25,000.00 $5,000.00 $5,000.00 $35,000.00 $35,000.00 $50,000.00 $50,000.00 $24,000.00 $24,000.00 $10,000.00 $10,000.00 $1,500.00 $1,500.00 $96,000.00 $96,000.00 $1,000.00 $1,000.00 $26,507.14 $26,507.14A4 SPCC PlanLump Sum 1 2,500.002,500.00 $1,500.00 $1,500.00 $100.00 $100.00 $500.00 $500.00 $250.00 $250.00 $500.00 $500.00 $500.00 $500.00 $5,000.00 $5,000.00 $500.00 $500.00 $750.00 $750.00 $1,500.00 $1,500.00 $500.00 $500.00 $1,500.00 $1,500.00 $500.00 $500.00 $1,000.00 $1,000.00 $1,042.86 $1,042.86A5 Resolution of Utility ConflictsEstimate 1 15,000.0015,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00A6 Utility PotholingEach 4 1,000.004,000.00 $735.00 $2,940.00 $500.00 $2,000.00 $550.00 $2,200.00 $385.00 $1,540.00 $300.00 $1,200.00 $800.00 $3,200.00 $750.00 $3,000.00 $600.00 $2,400.00 $365.00 $1,460.00 $1,600.00 $6,400.00 $415.00 $1,660.00 $200.00 $800.00 $565.00 $2,260.00 $300.00 $1,200.00 $576.07 $2,304.29A7 Mobilization and Demobilization (Maximum Bid 10% of Schedule A Total)Lump Sum 1 197,250.00197,250.00 $145,000.00 $145,000.00 $181,329.00 $181,329.00 $72,000.00 $72,000.00 $198,003.00 $198,003.00 $200,000.00 $200,000.00 $130,000.00 $130,000.00 $150,000.00 $150,000.00 $300,000.00 $300,000.00 $225,000.00 $225,000.00 $198,000.00 $198,000.00 $186,000.00 $186,000.00 $220,000.00 $220,000.00 $238,850.00 $238,850.00 $250,000.00 $250,000.00 $192,441.57 $192,441.57A8 Project Temporary Traffic ControlLump Sum 1 237,750.00237,750.00 $128,770.00 $128,770.00 $215,000.00 $215,000.00 $110,000.00 $110,000.00 $146,000.00 $146,000.00 $139,400.00 $139,400.00 $40,000.00 $40,000.00 $50,000.00 $50,000.00 $180,000.00 $180,000.00 $200,000.00 $200,000.00 $105,000.00 $105,000.00 $75,000.00 $75,000.00 $200,000.00 $200,000.00 $214,360.50 $214,360.50 $180,000.00 $180,000.00 $141,680.75 $141,680.75A9 Clearing and GrubbingLump Sum 1 19,000.0019,000.00 $47,100.00 $47,100.00 $10,000.00 $10,000.00 $3,500.00 $3,500.00 $50,000.00 $50,000.00 $7,500.00 $7,500.00 $9,000.00 $9,000.00 $10,000.00 $10,000.00 $30,000.00 $30,000.00 $16,500.00 $16,500.00 $13,000.00 $13,000.00 $40,000.00 $40,000.00 $30,000.00 $30,000.00 $21,350.00 $21,350.00 $5,000.00 $5,000.00 $20,925.00 $20,925.00A10 Removal of Structure and ObstructionLump Sum 1 26,000.0026,000.00 $97,430.00 $97,430.00 $50,000.00 $50,000.00 $15,000.00 $15,000.00 $45,000.00 $45,000.00 $30,000.00 $30,000.00 $40,000.00 $40,000.00 $10,000.00 $10,000.00 $78,400.00 $78,400.00 $100,000.00 $100,000.00 $13,000.00 $13,000.00 $35,000.00 $35,000.00 $30,000.00 $30,000.00 $29,185.00 $29,185.00 $5,000.00 $5,000.00 $41,286.79 $41,286.79A11 SawcuttingLinear Foot 1300 4.005,200.00 $2.10 $2,730.00 $3.00 $3,900.00 $2.00 $2,600.00 $2.75 $3,575.00 $0.10 $130.00 $4.00 $5,200.00 $10.00 $13,000.00 $4.00 $5,200.00 $5.00 $6,500.00 $9.00 $11,700.00 $4.00 $5,200.00 $2.00 $2,600.00 $1.00 $1,300.00 $2.00 $2,600.00 $3.64 $4,731.07A12 Removal and Replacement of Unsuitable Foundation ExcavationTon 230 27.006,210.00 $49.50 $11,385.00 $50.00 $11,500.00 $65.00 $14,950.00 $56.50 $12,995.00 $10.00 $2,300.00 $75.00 $17,250.00 $45.00 $10,350.00 $20.00 $4,600.00 $48.00 $11,040.00 $65.00 $14,950.00 $35.00 $8,050.00 $25.00 $5,750.00 $50.00 $11,500.00 $42.00 $9,660.00 $45.43 $10,448.57A13 Roadway Excavation Incl. HaulCu. Yard 2750 35.0096,250.00 $34.50 $94,875.00 $29.00 $79,750.00 $38.00 $104,500.00 $33.50 $92,125.00 $40.00 $110,000.00 $35.00 $96,250.00 $30.00 $82,500.00 $40.00 $110,000.00 $32.00 $88,000.00 $38.00 $104,500.00 $47.50 $130,625.00 $40.00 $110,000.00 $65.00 $178,750.00 $40.00 $110,000.00 $38.75 $106,562.50A14 Trench Safety SystemsLump Sum 1 10,000.0010,000.00 $500.00 $500.00 $500.00 $500.00 $750.00 $750.00 $14,000.00 $14,000.00 $500.00 $500.00 $2,000.00 $2,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $2,000.00 $2,000.00 $2,500.00 $2,500.00 $3,500.00 $3,500.00 $5,000.00 $5,000.00 $1,800.00 $1,800.00 $110,000.00 $110,000.00 $10,932.14 $10,932.14A15 Crushed Surfacing Base CourseTon 3040 40.00121,600.00 $34.10 $103,664.00 $36.50 $110,960.00 $32.00 $97,280.00 $30.00 $91,200.00 $35.00 $106,400.00 $42.00 $127,680.00 $50.00 $152,000.00 $42.00 $127,680.00 $40.00 $121,600.00 $40.00 $121,600.00 $36.25 $110,200.00 $24.00 $72,960.00 $45.00 $136,800.00 $42.00 $127,680.00 $37.78 $114,836.00A16 Permeable BallastTon 490 35.0017,150.00 $68.00 $33,320.00 $50.00 $24,500.00 $38.00 $18,620.00 $38.50 $18,865.00 $50.00 $24,500.00 $64.00 $31,360.00 $50.00 $24,500.00 $25.00 $12,250.00 $56.50 $27,685.00 $57.00 $27,930.00 $55.00 $26,950.00 $30.00 $14,700.00 $29.00 $14,210.00 $62.00 $30,380.00 $48.07 $23,555.00A17 HMA Cl. 1/2" PG 64-22Ton 1490 110.00163,900.00 $99.00 $147,510.00 $95.00 $141,550.00 $100.00 $149,000.00 $96.00 $143,040.00 $106.00 $157,940.00 $90.00 $134,100.00 $120.00 $178,800.00 $92.00 $137,080.00 $102.00 $151,980.00 $109.00 $162,410.00 $151.00 $224,990.00 $100.00 $149,000.00 $86.00 $128,140.00 $120.00 $178,800.00 $104.71 $156,024.29A18 Commercial HMA for DrivewayTon 110 100.0011,000.00 $129.00 $14,190.00 $135.00 $14,850.00 $130.00 $14,300.00 $198.00 $21,780.00 $150.00 $16,500.00 $135.00 $14,850.00 $350.00 $38,500.00 $145.00 $15,950.00 $238.00 $26,180.00 $145.00 $15,950.00 $140.00 $15,400.00 $180.00 $19,800.00 $125.00 $13,750.00 $200.00 $22,000.00 $171.43 $18,857.14A19 Planing Bituminous PavementSq. Yard 360 12.004,320.00 $6.00 $2,160.00 $18.00 $6,480.00 $15.00 $5,400.00 $13.50 $4,860.00 $17.00 $6,120.00 $12.00 $4,320.00 $15.00 $5,400.00 $15.00 $5,400.00 $20.00 $7,200.00 $24.00 $8,640.00 $14.00 $5,040.00 $15.00 $5,400.00 $13.00 $4,680.00 $10.00 $3,600.00 $14.82 $5,335.71A20 Temporary PavementTon 150 150.0022,500.00 $115.00 $17,250.00 $260.00 $39,000.00 $160.00 $24,000.00 $221.00 $33,150.00 $110.00 $16,500.00 $200.00 $30,000.00 $150.00 $22,500.00 $180.00 $27,000.00 $125.00 $18,750.00 $208.00 $31,200.00 $120.00 $18,000.00 $10.00 $1,500.00 $210.00 $31,500.00 $110.00 $16,500.00 $155.64 $23,346.43A21 Modular Block WallSq. Foot 330 40.0013,200.00 $48.00 $15,840.00 $50.00 $16,500.00 $32.00 $10,560.00 $28.50 $9,405.00 $40.00 $13,200.00 $50.00 $16,500.00 $90.00 $29,700.00 $45.00 $14,850.00 $45.00 $14,850.00 $80.00 $26,400.00 $65.00 $21,450.00 $64.00 $21,120.00 $58.00 $19,140.00 $28.00 $9,240.00 $51.68 $17,053.93A22 Underdrain Pipe, 8 In. Diam.Linear Foot 450 40.0018,000.00 $40.00 $18,000.00 $38.00 $17,100.00 $45.00 $20,250.00 $35.50 $15,975.00 $35.00 $15,750.00 $40.00 $18,000.00 $65.00 $29,250.00 $25.00 $11,250.00 $44.00 $19,800.00 $58.00 $26,100.00 $35.50 $15,975.00 $80.00 $36,000.00 $69.00 $31,050.00 $45.00 $20,250.00 $46.79 $21,053.57A23 Underdrain AggregateCu. Yard 125 60.007,500.00 $55.00 $6,875.00 $43.00 $5,375.00 $40.00 $5,000.00 $90.00 $11,250.00 $35.00 $4,375.00 $75.00 $9,375.00 $45.00 $5,625.00 $30.00 $3,750.00 $65.00 $8,125.00 $77.00 $9,625.00 $73.50 $9,187.50 $50.00 $6,250.00 $46.00 $5,750.00 $37.00 $4,625.00 $54.39 $6,799.11A24 Solid Wall PVC Storm Sewer Pipe 8 In. Diam.Linear Foot 295 60.0017,700.00 $31.00 $9,145.00 $27.00 $7,965.00 $65.00 $19,175.00 $42.00 $12,390.00 $55.00 $16,225.00 $95.00 $28,025.00 $55.00 $16,225.00 $65.00 $19,175.00 $45.00 $13,275.00 $52.00 $15,340.00 $62.75 $18,511.25 $89.00 $26,255.00 $90.00 $26,550.00 $60.00 $17,700.00 $59.55 $17,568.30A25 Polypropylene Storm Sewer Pipe 12 In. Diam.Linear Foot 1590 80.00127,200.00 $41.00 $65,190.00 $43.00 $68,370.00 $80.00 $127,200.00 $43.00 $68,370.00 $55.00 $87,450.00 $115.00 $182,850.00 $85.00 $135,150.00 $75.00 $119,250.00 $52.00 $82,680.00 $59.00 $93,810.00 $63.00 $100,170.00 $84.00 $133,560.00 $68.00 $108,120.00 $50.00 $79,500.00 $65.21 $103,690.71A26 Polypropylene Storm Sewer Pipe 18 In. Diam.Linear Foot 550 100.0055,000.00 $61.00 $33,550.00 $64.00 $35,200.00 $95.00 $52,250.00 $56.50 $31,075.00 $70.00 $38,500.00 $145.00 $79,750.00 $120.00 $66,000.00 $110.00 $60,500.00 $75.00 $41,250.00 $64.00 $35,200.00 $76.75 $42,212.50 $95.00 $52,250.00 $100.00 $55,000.00 $55.00 $30,250.00 $84.80 $46,641.96A27 Ductile Iron Storm Sewer Pipe 8 In. Diam.Linear Foot 340 80.0027,200.00 $46.00 $15,640.00 $57.00 $19,380.00 $97.00 $32,980.00 $54.00 $18,360.00 $75.00 $25,500.00 $115.00 $39,100.00 $120.00 $40,800.00 $95.00 $32,300.00 $62.00 $21,080.00 $92.00 $31,280.00 $100.00 $34,000.00 $91.00 $30,940.00 $105.00 $35,700.00 $65.00 $22,100.00 $83.86 $28,511.43A28 Ductile Iron Storm Sewer Pipe 12 In. Diam.Linear Foot 155 90.0013,950.00 $63.00 $9,765.00 $77.00 $11,935.00 $110.00 $17,050.00 $75.00 $11,625.00 $88.00 $13,640.00 $150.00 $23,250.00 $200.00 $31,000.00 $130.00 $20,150.00 $100.00 $15,500.00 $123.00 $19,065.00 $120.00 $18,600.00 $133.00 $20,615.00 $170.00 $26,350.00 $120.00 $18,600.00 $118.50 $18,367.50A29 Ductile Iron Storm Sewer Pipe 18 In. Diam.Linear Foot 70 115.008,050.00 $96.00 $6,720.00 $136.00 $9,520.00 $150.00 $10,500.00 $112.00 $7,840.00 $110.00 $7,700.00 $300.00 $21,000.00 $350.00 $24,500.00 $270.00 $18,900.00 $115.00 $8,050.00 $134.00 $9,380.00 $200.00 $14,000.00 $315.00 $22,050.00 $200.00 $14,000.00 $160.00 $11,200.00 $189.14 $13,240.00A30 Gravel Borrow for Trench Backfill - StormTon 1200 30.0036,000.00 $31.00 $37,200.00 $20.00 $24,000.00 $15.00 $18,000.00 $36.00 $43,200.00 $27.00 $32,400.00 $30.00 $36,000.00 $45.00 $54,000.00 $15.00 $18,000.00 $36.00 $43,200.00 $55.00 $66,000.00 $40.00 $48,000.00 $1.00 $1,200.00 $30.00 $36,000.00 $25.00 $30,000.00 $29.00 $34,800.00A31 CCTV Inspection Linear Foot 3000 4.0012,000.00 $3.50 $10,500.00 $1.00 $3,000.00 $2.00 $6,000.00 $1.80 $5,400.00 $5.00 $15,000.00 $1.00 $3,000.00 $2.00 $6,000.00 $5.00 $15,000.00 $4.00 $12,000.00 $2.00 $6,000.00 $6.00 $18,000.00 $2.00 $6,000.00 $3.00 $9,000.00 $2.00 $6,000.00 $2.88 $8,635.71A32 Concrete InletEach 1 1,000.001,000.00 $597.00 $597.00 $1,350.00 $1,350.00 $1,600.00 $1,600.00 $1,075.00 $1,075.00 $1,200.00 $1,200.00 $1,000.00 $1,000.00 $750.00 $750.00 $1,200.00 $1,200.00 $1,800.00 $1,800.00 $4,200.00 $4,200.00 $1,400.00 $1,400.00 $1,600.00 $1,600.00 $1,000.00 $1,000.00 $1,200.00 $1,200.00 $1,426.57 $1,426.57A33 Catch Basin Type 1Each 30 1,400.0042,000.00 $1,122.00 $33,660.00 $1,500.00 $45,000.00 $1,200.00 $36,000.00 $1,075.00 $32,250.00 $1,400.00 $42,000.00 $1,450.00 $43,500.00 $1,400.00 $42,000.00 $1,200.00 $36,000.00 $1,850.00 $55,500.00 $2,500.00 $75,000.00 $1,875.00 $56,250.00 $2,400.00 $72,000.00 $1,600.00 $48,000.00 $1,900.00 $57,000.00 $1,605.14 $48,154.29A34 Catch Basin Type 1LEach 18 1,600.0028,800.00 $1,229.00 $22,122.00 $1,750.00 $31,500.00 $1,700.00 $30,600.00 $1,375.00 $24,750.00 $1,570.00 $28,260.00 $1,700.00 $30,600.00 $3,500.00 $63,000.00 $1,200.00 $21,600.00 $1,900.00 $34,200.00 $3,600.00 $64,800.00 $2,005.00 $36,090.00 $2,700.00 $48,600.00 $2,340.00 $42,120.00 $2,000.00 $36,000.00 $2,040.64 $36,731.57A35 Catch Basin Type 2 48 In. Diam.Each 9 3,600.0032,400.00 $3,238.00 $29,142.00 $3,750.00 $33,750.00 $3,000.00 $27,000.00 $3,125.00 $28,125.00 $3,500.00 $31,500.00 $4,000.00 $36,000.00 $5,500.00 $49,500.00 $4,800.00 $43,200.00 $5,450.00 $49,050.00 $5,400.00 $48,600.00 $3,450.00 $31,050.00 $6,000.00 $54,000.00 $4,800.00 $43,200.00 $6,000.00 $54,000.00 $4,429.50 $39,865.50A36 Catch Basin Type 2 54 In. DiamEach 1 5,000.005,000.00 $4,359.00 $4,359.00 $4,750.00 $4,750.00 $4,500.00 $4,500.00 $4,275.00 $4,275.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $8,500.00 $8,500.00 $5,100.00 $5,100.00 $6,500.00 $6,500.00 $8,300.00 $8,300.00 $4,900.00 $4,900.00 $8,000.00 $8,000.00 $7,000.00 $7,000.00 $9,300.00 $9,300.00 $6,106.00 $6,106.00A37 Adjust Storm Drain StructureEach 3 700.002,100.00 $250.00 $750.00 $500.00 $1,500.00 $500.00 $1,500.00 $510.00 $1,530.00 $750.00 $2,250.00 $1,000.00 $3,000.00 $750.00 $2,250.00 $600.00 $1,800.00 $500.00 $1,500.00 $750.00 $2,250.00 $600.00 $1,800.00 $200.00 $600.00 $865.00 $2,595.00 $2,000.00 $6,000.00 $698.21 $2,094.64A38 Adjust Sewer ManholeEach 7 700.004,900.00 $250.00 $1,750.00 $500.00 $3,500.00 $500.00 $3,500.00 $580.00 $4,060.00 $750.00 $5,250.00 $1,000.00 $7,000.00 $1,000.00 $7,000.00 $600.00 $4,200.00 $500.00 $3,500.00 $750.00 $5,250.00 $600.00 $4,200.00 $300.00 $2,100.00 $875.00 $6,125.00 $2,000.00 $14,000.00 $728.93 $5,102.50A39 Connection to Existing Drainage StructureEach 4 1,000.004,000.00 $3,000.00 $12,000.00 $1,100.00 $4,400.00 $2,000.00 $8,000.00 $775.00 $3,100.00 $500.00 $2,000.00 $1,500.00 $6,000.00 $1,500.00 $6,000.00 $600.00 $2,400.00 $6,200.00 $24,800.00 $4,300.00 $17,200.00 $500.00 $2,000.00 $1,900.00 $7,600.00 $1,540.00 $6,160.00 $6,000.00 $24,000.00 $2,243.93 $8,975.71A40 Filterra 4'x4'Each 4 25,000.00100,000.00 $14,787.00 $59,148.00 $17,000.00 $68,000.00 $20,000.00 $80,000.00 $15,750.00 $63,000.00 $16,000.00 $64,000.00 $20,000.00 $80,000.00 $18,000.00 $72,000.00 $18,000.00 $72,000.00 $20,000.00 $80,000.00 $18,000.00 $72,000.00 $25,000.00 $100,000.00 $28,000.00 $112,000.00 $20,750.00 $83,000.00 $20,000.00 $80,000.00 $19,377.64 $77,510.57A41 Trench Excavation for Bioretention CellCu. Yard 500 35.0017,500.00 $35.00 $17,500.00 $45.00 $22,500.00 $42.00 $21,000.00 $34.50 $17,250.00 $40.00 $20,000.00 $40.00 $20,000.00 $40.00 $20,000.00 $35.00 $17,500.00 $27.00 $13,500.00 $52.00 $26,000.00 $100.00 $50,000.00 $60.00 $30,000.00 $42.00 $21,000.00 $35.00 $17,500.00 $44.82 $22,410.71A42 Vertical Wall for Bioretention CellSq. Foot 100 80.008,000.00 $200.00 $20,000.00 $115.00 $11,500.00 $80.00 $8,000.00 $82.00 $8,200.00 $90.00 $9,000.00 $71.00 $7,100.00 $75.00 $7,500.00 $70.00 $7,000.00 $120.00 $12,000.00 $92.00 $9,200.00 $105.00 $10,500.00 $25.00 $2,500.00 $60.00 $6,000.00 $50.00 $5,000.00 $88.21 $8,821.43A43 Strembed CobblesTon 12 100.001,200.00 $158.00 $1,896.00 $155.00 $1,860.00 $90.00 $1,080.00 $110.00 $1,320.00 $100.00 $1,200.00 $150.00 $1,800.00 $100.00 $1,200.00 $75.00 $900.00 $50.00 $600.00 $95.00 $1,140.00 $100.00 $1,200.00 $80.00 $960.00 $75.00 $900.00 $74.00 $888.00 $100.86 $1,210.29A44 Property RestorationEstimate 1 50,000.0050,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00A45 Seeded Lawn InstallationSq. Yard 1300 3.003,900.00 $1.35 $1,755.00 $1.00 $1,300.00 $3.00 $3,900.00 $1.05 $1,365.00 $1.50 $1,950.00 $1.05 $1,365.00 $2.00 $2,600.00 $1.00 $1,300.00 $2.75 $3,575.00 $3.00 $3,900.00 $5.50 $7,150.00 $1.25 $1,625.00 $5.00 $6,500.00 $2.00 $2,600.00 $2.25 $2,920.36A46 Topsoil type ACu. Yard 280 75.0021,000.00 $60.00 $16,800.00 $50.00 $14,000.00 $55.00 $15,400.00 $50.00 $14,000.00 $55.00 $15,400.00 $60.00 $16,800.00 $100.00 $28,000.00 $52.00 $14,560.00 $46.00 $12,880.00 $55.00 $15,400.00 $58.50 $16,380.00 $50.00 $14,000.00 $55.00 $15,400.00 $60.00 $16,800.00 $57.61 $16,130.00A47 Bioretention MediaCu. Yard 345 65.0022,425.00 $62.00 $21,390.00 $75.00 $25,875.00 $90.00 $31,050.00 $77.00 $26,565.00 $85.00 $29,325.00 $80.00 $27,600.00 $100.00 $34,500.00 $70.00 $24,150.00 $70.00 $24,150.00 $67.00 $23,115.00 $58.50 $20,182.50 $65.00 $22,425.00 $55.00 $18,975.00 $70.00 $24,150.00 $73.18 $25,246.61A48 Bark or Wood Chip MulchCu. Yard 6 75.00450.00 $88.00 $528.00 $75.00 $450.00 $90.00 $540.00 $74.00 $444.00 $100.00 $600.00 $71.00 $426.00 $100.00 $600.00 $76.00 $456.00 $56.00 $336.00 $64.00 $384.00 $58.50 $351.00 $80.00 $480.00 $55.00 $330.00 $70.00 $420.00 $75.54 $453.21A49 Coarse CompostCu. Yard 12 75.00900.00 $80.00 $960.00 $75.00 $900.00 $85.00 $1,020.00 $72.00 $864.00 $85.00 $1,020.00 $70.00 $840.00 $250.00 $3,000.00 $75.00 $900.00 $56.00 $672.00 $75.00 $900.00 $58.50 $702.00 $70.00 $840.00 $55.00 $660.00 $70.00 $840.00 $84.04 $1,008.43A50 PSIPE Parrotia persica 'Vanessa'/ Vanessa Persian Ironwood; 2.5" Cal., 12'-14' Ht.Each 12 550.006,600.00 $664.00 $7,968.00 $600.00 $7,200.00 $700.00 $8,400.00 $600.00 $7,200.00 $620.00 $7,440.00 $580.00 $6,960.00 $550.00 $6,600.00 $620.00 $7,440.00 $600.00 $7,200.00 $665.00 $7,980.00 $500.00 $6,000.00 $590.00 $7,080.00 $450.00 $5,400.00 $630.00 $7,560.00 $597.79 $7,173.43A51 PSIPE Crataegus x lavallei/Lavalle Hawthorn; 2.5" Cal., 12'-14' Ht.Each 10 550.005,500.00 $725.00 $7,250.00 $550.00 $5,500.00 $600.00 $6,000.00 $540.00 $5,400.00 $560.00 $5,600.00 $520.00 $5,200.00 $550.00 $5,500.00 $555.00 $5,550.00 $600.00 $6,000.00 $665.00 $6,650.00 $500.00 $5,000.00 $530.00 $5,300.00 $450.00 $4,500.00 $630.00 $6,300.00 $569.64 $5,696.43A52 PSIPE Maackia amurensis 'JFS-Schichtel1'/ Maacnificent Maackia; 2.5" Cal., 12'-14' Ht.Each 10 550.005,500.00 $785.00 $7,850.00 $550.00 $5,500.00 $650.00 $6,500.00 $550.00 $5,500.00 $570.00 $5,700.00 $530.00 $5,300.00 $550.00 $5,500.00 $565.00 $5,650.00 $600.00 $6,000.00 $665.00 $6,650.00 $500.00 $5,000.00 $540.00 $5,400.00 $450.00 $4,500.00 $630.00 $6,300.00 $581.07 $5,810.71A53 PSIPE Tilia Cordata 'Chancole'/Chancellor Linden; 2.5" Cal., 12'-14' Ht.Each 5 550.002,750.00 $664.00 $3,320.00 $550.00 $2,750.00 $600.00 $3,000.00 $540.00 $2,700.00 $560.00 $2,800.00 $520.00 $2,600.00 $550.00 $2,750.00 $555.00 $2,775.00 $600.00 $3,000.00 $665.00 $3,325.00 $500.00 $2,500.00 $530.00 $2,650.00 $450.00 $2,250.00 $630.00 $3,150.00 $565.29 $2,826.43A54 PSIPE Spiraea betulifolia 'Tor'/Tor Birchleaf Spirea; 2 Gal. Cont.Each 74 28.002,072.00 $29.00 $2,146.00 $27.00 $1,998.00 $30.00 $2,220.00 $27.00 $1,998.00 $27.75 $2,053.50 $26.00 $1,924.00 $30.00 $2,220.00 $28.00 $2,072.00 $26.00 $1,924.00 $32.00 $2,368.00 $17.00 $1,258.00 $27.00 $1,998.00 $16.00 $1,184.00 $30.00 $2,220.00 $26.63 $1,970.25A55 PSIPE Rhododendron 'Purple Gem'/ Purple Gem Rhododendron; 2 Gal Cont.Each 106 28.002,968.00 $36.00 $3,816.00 $32.00 $3,392.00 $35.00 $3,710.00 $31.00 $3,286.00 $32.00 $3,392.00 $30.00 $3,180.00 $35.00 $3,710.00 $32.00 $3,392.00 $31.00 $3,286.00 $32.00 $3,392.00 $32.00 $3,392.00 $30.00 $3,180.00 $30.00 $3,180.00 $30.00 $3,180.00 $32.00 $3,392.00A56 PSIPE Cornus stolonifera 'Kelseyii'/ Kelseyii Red-Twig Dogwood; 1 Gal. Cont.Each 221 22.004,862.00 $12.00 $2,652.00 $13.00 $2,873.00 $14.00 $3,094.00 $12.50 $2,762.50 $13.00 $2,873.00 $12.00 $2,652.00 $15.00 $3,315.00 $13.00 $2,873.00 $15.50 $3,425.50 $17.00 $3,757.00 $13.50 $2,983.50 $12.00 $2,652.00 $12.50 $2,762.50 $17.00 $3,757.00 $13.71 $3,030.86A57 PSIPE Mahonia repens/ Low Oregon Grape; 1 Gal. Cont.Each 240 18.004,320.00 $12.00 $2,880.00 $11.00 $2,640.00 $12.00 $2,880.00 $10.35 $2,484.00 $11.00 $2,640.00 $10.00 $2,400.00 $15.00 $3,600.00 $11.00 $2,640.00 $17.00 $4,080.00 $21.00 $5,040.00 $10.75 $2,580.00 $11.00 $2,640.00 $10.00 $2,400.00 $20.00 $4,800.00 $13.01 $3,121.71A58 PSIPE Polystichum munitum/ Sword Fern; 1 Gal. Cont.Each 346 18.006,228.00 $12.00 $4,152.00 $11.00 $3,806.00 $13.00 $4,498.00 $11.00 $3,806.00 $11.80 $4,082.80 $11.00 $3,806.00 $15.00 $5,190.00 $12.00 $4,152.00 $14.50 $5,017.00 $18.00 $6,228.00 $10.75 $3,719.50 $12.00 $4,152.00 $10.00 $3,460.00 $17.00 $5,882.00 $12.79 $4,425.09A59 PSIPE Camellia x 'Taylor's Perfection'/ Taylor's Perfection Camellia; 6'-7' Ht.Each 2 450.00900.00 $241.00 $482.00 $120.00 $240.00 $130.00 $260.00 $114.00 $228.00 $135.00 $270.00 $110.00 $220.00 $200.00 $400.00 $118.00 $236.00 $850.00 $1,700.00 $200.00 $400.00 $319.50 $639.00 $110.00 $220.00 $300.00 $600.00 $300.00 $600.00 $231.96 $463.93A60 PSIPE Achillea millefolium 'Walther Funcke'/ Walther Funcke Common Yarrow; 1 Gal. Cont.Each 70 15.001,050.00 $12.00 $840.00 $14.00 $980.00 $15.00 $1,050.00 $13.50 $945.00 $14.00 $980.00 $13.00 $910.00 $15.00 $1,050.00 $14.00 $980.00 $17.00 $1,190.00 $21.00 $1,470.00 $10.75 $752.50 $14.00 $980.00 $10.00 $700.00 $20.00 $1,400.00 $14.52 $1,016.25A61 PSIPE Guem 'Mangl Lassi'/ Mango Lassi Avens; 1 Gal. Cont.Each 30 15.00450.00 $12.00 $360.00 $16.00 $480.00 $16.00 $480.00 $15.00 $450.00 $15.50 $465.00 $15.00 $450.00 $17.00 $510.00 $16.00 $480.00 $19.00 $570.00 $23.00 $690.00 $10.75 $322.50 $15.00 $450.00 $10.00 $300.00 $22.00 $660.00 $15.88 $476.25A62 PSIPE Rubus pentalobus/ Creeping Bramble; 1 Gal. Cont.Each 460 15.006,900.00 $12.00 $5,520.00 $14.00 $6,440.00 $16.00 $7,360.00 $13.50 $6,210.00 $14.00 $6,440.00 $13.00 $5,980.00 $15.00 $6,900.00 $14.00 $6,440.00 $16.00 $7,360.00 $18.00 $8,280.00 $10.75 $4,945.00 $14.00 $6,440.00 $10.00 $4,600.00 $17.00 $7,820.00 $14.09 $6,481.07A63 PSIPE Juncus ensifolius/ Dagger-leaf Rush; Gal. Cont.Each 150 15.002,250.00 $12.00 $1,800.00 $12.00 $1,800.00 $13.00 $1,950.00 $11.40 $1,710.00 $12.00 $1,800.00 $11.00 $1,650.00 $15.00 $2,250.00 $12.00 $1,800.00 $14.00 $2,100.00 $19.00 $2,850.00 $8.50 $1,275.00 $12.00 $1,800.00 $8.00 $1,200.00 $18.00 $2,700.00 $12.71 $1,906.07A64 PSIPE Juncus tenuis 'Blue Dart'/ Blue Dart Ruch; Gal. Cont.Each 130 15.001,950.00 $12.00 $1,560.00 $12.00 $1,560.00 $13.00 $1,690.00 $11.40 $1,482.00 $12.00 $1,560.00 $11.00 $1,430.00 $15.00 $1,950.00 $12.00 $1,560.00 $16.00 $2,080.00 $19.00 $2,470.00 $8.50 $1,105.00 $12.00 $1,560.00 $8.00 $1,040.00 $18.00 $2,340.00 $12.85 $1,670.50A65 PSIPE Eleocharis palustris/ Common Spikerush; Gal. Cont.Each 225 15.003,375.00 $12.00 $2,700.00 $12.00 $2,700.00 $13.00 $2,925.00 $11.40 $2,565.00 $12.00 $2,700.00 $11.00 $2,475.00 $15.00 $3,375.00 $12.00 $2,700.00 $15.00 $3,375.00 $19.00 $4,275.00 $8.50 $1,912.50 $12.00 $2,700.00 $8.00 $1,800.00 $18.00 $4,050.00 $12.78 $2,875.18A66 PSIPE Iris tenax/ Tough-Leaf Iris; Gal. Cont.Each 125 15.001,875.00 $12.00 $1,500.00 $17.00 $2,125.00 $18.00 $2,250.00 $16.50 $2,062.50 $17.00 $2,125.00 $16.00 $2,000.00 $20.00 $2,500.00 $17.00 $2,125.00 $17.00 $2,125.00 $21.00 $2,625.00 $8.50 $1,062.50 $16.00 $2,000.00 $8.00 $1,000.00 $20.00 $2,500.00 $16.00 $2,000.00A67 Root BarrierLinear Foot 592 12.007,104.00 $9.50 $5,624.00 $10.00 $5,920.00 $12.00 $7,104.00 $10.00 $5,920.00 $11.00 $6,512.00 $10.00 $5,920.00 $12.00 $7,104.00 $11.00 $6,512.00 $17.00 $10,064.00 $15.00 $8,880.00 $16.00 $9,472.00 $10.00 $5,920.00 $15.00 $8,880.00 $14.00 $8,288.00 $12.32 $7,294.29A68 Cement Conc. Traffic Curb and GutterLinear Foot 4260 25.00106,500.00 $22.50 $95,850.00 $28.00 $119,280.00 $35.00 $149,100.00 $23.00 $97,980.00 $30.00 $127,800.00 $24.00 $102,240.00 $22.00 $93,720.00 $22.00 $93,720.00 $30.00 $127,800.00 $25.00 $106,500.00 $24.00 $102,240.00 $23.00 $97,980.00 $23.00 $97,980.00 $36.00 $153,360.00 $26.25 $111,825.00A69 Cement Conc. Traffic CurbLinear Foot 50 60.003,000.00 $31.50 $1,575.00 $60.00 $3,000.00 $45.00 $2,250.00 $53.00 $2,650.00 $50.00 $2,500.00 $55.00 $2,750.00 $35.00 $1,750.00 $50.00 $2,500.00 $65.00 $3,250.00 $35.00 $1,750.00 $53.50 $2,675.00 $60.00 $3,000.00 $58.00 $2,900.00 $43.00 $2,150.00 $49.57 $2,478.57A70 Cement Conc. Driveway EntranceSq. Yard 980 55.0053,900.00 $52.50 $51,450.00 $70.00 $68,600.00 $70.00 $68,600.00 $62.00 $60,760.00 $75.00 $73,500.00 $50.00 $49,000.00 $55.00 $53,900.00 $54.00 $52,920.00 $76.00 $74,480.00 $58.00 $56,840.00 $62.50 $61,250.00 $90.00 $88,200.00 $66.00 $64,680.00 $90.00 $88,200.00 $66.50 $65,170.00A71 Chain Link Fence - 3-Ft HeightLinear Foot 70 22.001,540.00 $35.50 $2,485.00 $36.00 $2,520.00 $40.00 $2,800.00 $35.00 $2,450.00 $37.00 $2,590.00 $40.00 $2,800.00 $40.00 $2,800.00 $36.00 $2,520.00 $40.00 $2,800.00 $40.00 $2,800.00 $36.00 $2,520.00 $35.00 $2,450.00 $34.00 $2,380.00 $45.00 $3,150.00 $37.82 $2,647.50A72 Chain Link Fence - 4-Ft HeightLinear Foot 210 25.005,250.00 $39.00 $8,190.00 $40.00 $8,400.00 $43.00 $9,030.00 $38.00 $7,980.00 $39.00 $8,190.00 $40.00 $8,400.00 $45.00 $9,450.00 $39.00 $8,190.00 $45.00 $9,450.00 $43.00 $9,030.00 $39.00 $8,190.00 $38.00 $7,980.00 $36.50 $7,665.00 $47.00 $9,870.00 $40.82 $8,572.50A73 Single 6-Ft. Chain Link GateEach 2 600.001,200.00 $726.00 $1,452.00 $750.00 $1,500.00 $800.00 $1,600.00 $715.00 $1,430.00 $750.00 $1,500.00 $800.00 $1,600.00 $1,000.00 $2,000.00 $750.00 $1,500.00 $800.00 $1,600.00 $800.00 $1,600.00 $738.50 $1,477.00 $700.00 $1,400.00 $692.00 $1,384.00 $760.00 $1,520.00 $770.11 $1,540.21A74 Wood Fence - Type 1Linear Foot 50 70.003,500.00 $87.00 $4,350.00 $90.00 $4,500.00 $95.00 $4,750.00 $86.00 $4,300.00 $90.00 $4,500.00 $100.00 $5,000.00 $35.00 $1,750.00 $88.00 $4,400.00 $90.00 $4,500.00 $100.00 $5,000.00 $88.50 $4,425.00 $85.00 $4,250.00 $83.00 $4,150.00 $100.00 $5,000.00 $86.96 $4,348.21A75 Wood Fence - Type 2Linear Foot 40 45.001,800.00 $120.00 $4,800.00 $120.00 $4,800.00 $125.00 $5,000.00 $117.00 $4,680.00 $125.00 $5,000.00 $120.00 $4,800.00 $65.00 $2,600.00 $121.00 $4,840.00 $150.00 $6,000.00 $100.00 $4,000.00 $121.00 $4,840.00 $115.00 $4,600.00 $113.40 $4,536.00 $130.00 $5,200.00 $117.31 $4,692.57A76 Wood Fence - Type 3Linear Foot 130 50.006,500.00 $64.00 $8,320.00 $66.00 $8,580.00 $70.00 $9,100.00 $63.00 $8,190.00 $65.00 $8,450.00 $70.00 $9,100.00 $35.00 $4,550.00 $65.00 $8,450.00 $75.00 $9,750.00 $70.00 $9,100.00 $65.00 $8,450.00 $62.00 $8,060.00 $61.00 $7,930.00 $75.00 $9,750.00 $64.71 $8,412.86A77 Wood Fence - Type 4Linear Foot 35 40.001,400.00 $62.00 $2,170.00 $63.00 $2,205.00 $65.00 $2,275.00 $60.00 $2,100.00 $63.00 $2,205.00 $100.00 $3,500.00 $40.00 $1,400.00 $62.00 $2,170.00 $65.00 $2,275.00 $70.00 $2,450.00 $62.25 $2,178.75 $60.00 $2,100.00 $58.00 $2,030.00 $70.00 $2,450.00 $64.30 $2,250.63A78 Monument Case and CoverEach 2 1,500.003,000.00 $1,312.00 $2,624.00 $3,200.00 $6,400.00 $800.00 $1,600.00 $2,200.00 $4,400.00 $1,500.00 $3,000.00 $1,500.00 $3,000.00 $1,500.00 $3,000.00 $1,200.00 $2,400.00 $2,500.00 $5,000.00 $1,600.00 $3,200.00 $3,250.00 $6,500.00 $1,500.00 $3,000.00 $400.00 $800.00 $5,000.00 $10,000.00 $1,961.57 $3,923.14A79 Pervious Cement Conc. SidewalkSq. Yard 1510 70.00105,700.00 $60.00 $90,600.00 $70.00 $105,700.00 $85.00 $128,350.00 $60.00 $90,600.00 $77.00 $116,270.00 $46.00 $69,460.00 $60.00 $90,600.00 $56.00 $84,560.00 $80.00 $120,800.00 $66.00 $99,660.00 $58.00 $87,580.00 $86.00 $129,860.00 $54.00 $81,540.00 $70.00 $105,700.00 $66.29 $100,091.43A80 Cement Conc. SidewalkSq. Yard 80 40.003,200.00 $49.50 $3,960.00 $60.00 $4,800.00 $65.00 $5,200.00 $57.00 $4,560.00 $60.00 $4,800.00 $45.00 $3,600.00 $50.00 $4,000.00 $50.00 $4,000.00 $50.00 $4,000.00 $55.00 $4,400.00 $57.00 $4,560.00 $100.00 $8,000.00 $60.00 $4,800.00 $105.00 $8,400.00 $61.68 $4,934.29A81 Colored Cement Conc. SidewalkSq. Yard 40 80.003,200.00 $105.00 $4,200.00 $160.00 $6,400.00 $125.00 $5,000.00 $149.00 $5,960.00 $145.00 $5,800.00 $240.00 $9,600.00 $100.00 $4,000.00 $135.00 $5,400.00 $250.00 $10,000.00 $115.00 $4,600.00 $142.00 $5,680.00 $180.00 $7,200.00 $141.00 $5,640.00 $225.00 $9,000.00 $158.00 $6,320.00A82 Cement Conc. DrivewaySq. Yard 510 55.0028,050.00 $62.00 $31,620.00 $71.00 $36,210.00 $80.00 $40,800.00 $62.00 $31,620.00 $79.00 $40,290.00 $50.00 $25,500.00 $65.00 $33,150.00 $54.00 $27,540.00 $60.00 $30,600.00 $69.00 $35,190.00 $62.25 $31,747.50 $90.00 $45,900.00 $64.00 $32,640.00 $100.00 $51,000.00 $69.16 $35,271.96A83 Cement Conc. Curb Ramp Type Parallel AEach 5 2,000.0010,000.00 $2,835.00 $14,175.00 $2,700.00 $13,500.00 $3,500.00 $17,500.00 $2,450.00 $12,250.00 $3,400.00 $17,000.00 $1,700.00 $8,500.00 $2,900.00 $14,500.00 $2,100.00 $10,500.00 $2,000.00 $10,000.00 $3,000.00 $15,000.00 $2,400.00 $12,000.00 $3,000.00 $15,000.00 $2,300.00 $11,500.00 $7,230.00 $36,150.00 $2,965.36 $14,826.79A84 Cement Conc. Curb Ramp Type CombinationEach 1 2,000.002,000.00 $2,835.00 $2,835.00 $2,900.00 $2,900.00 $3,600.00 $3,600.00 $2,450.00 $2,450.00 $3,400.00 $3,400.00 $3,400.00 $3,400.00 $3,000.00 $3,000.00 $2,100.00 $2,100.00 $3,500.00 $3,500.00 $3,000.00 $3,000.00 $2,400.00 $2,400.00 $3,000.00 $3,000.00 $2,300.00 $2,300.00 $9,480.00 $9,480.00 $3,383.21 $3,383.21A85 Cement Conc. Curb Ramp Type Perpendicular AEach 4 2,000.008,000.00 $1,890.00 $7,560.00 $2,900.00 $11,600.00 $2,500.00 $10,000.00 $2,450.00 $9,800.00 $3,400.00 $13,600.00 $2,200.00 $8,800.00 $2,000.00 $8,000.00 $2,100.00 $8,400.00 $2,500.00 $10,000.00 $2,100.00 $8,400.00 $2,400.00 $9,600.00 $3,000.00 $12,000.00 $2,300.00 $9,200.00 $7,230.00 $28,920.00 $2,783.57 $11,134.29A86 Cement Conc. Curb Ramp Type Perpendicular BEach 5 2,000.0010,000.00 $1,575.00 $7,875.00 $2,900.00 $14,500.00 $2,400.00 $12,000.00 $2,450.00 $12,250.00 $3,400.00 $17,000.00 $2,000.00 $10,000.00 $1,600.00 $8,000.00 $2,100.00 $10,500.00 $2,500.00 $12,500.00 $1,800.00 $9,000.00 $2,400.00 $12,000.00 $3,000.00 $15,000.00 $2,300.00 $11,500.00 $6,690.00 $33,450.00 $2,651.07 $13,255.36A87 Cement Conc. Curb Ramp Type Single Direction AEach 1 2,000.002,000.00 $2,835.00 $2,835.00 $2,900.00 $2,900.00 $3,400.00 $3,400.00 $2,700.00 $2,700.00 $3,400.00 $3,400.00 $3,000.00 $3,000.00 $2,800.00 $2,800.00 $2,100.00 $2,100.00 $3,000.00 $3,000.00 $3,100.00 $3,100.00 $2,400.00 $2,400.00 $3,000.00 $3,000.00 $2,300.00 $2,300.00 $8,360.00 $8,360.00 $3,235.36 $3,235.36A88 Cement Conc. Stair Connection Sq. Foot 50 100.005,000.00 $210.00 $10,500.00 $250.00 $12,500.00 $230.00 $11,500.00 $250.00 $12,500.00 $220.00 $11,000.00 $200.00 $10,000.00 $210.00 $10,500.00 $225.00 $11,250.00 $225.00 $11,250.00 $265.00 $13,250.00 $231.50 $11,575.00 $250.00 $12,500.00 $210.00 $10,500.00 $320.00 $16,000.00 $235.46 $11,773.21A89 Relocate MailboxEach 20 500.0010,000.00 $150.00 $3,000.00 $200.00 $4,000.00 $350.00 $7,000.00 $355.00 $7,100.00 $250.00 $5,000.00 $250.00 $5,000.00 $100.00 $2,000.00 $580.00 $11,600.00 $720.00 $14,400.00 $220.00 $4,400.00 $500.00 $10,000.00 $160.00 $3,200.00 $340.00 $6,800.00 $700.00 $14,000.00 $348.21 $6,964.29A90 Adjust Gas ValveEach 2 500.001,000.00 $120.00 $240.00 $300.00 $600.00 $400.00 $800.00 $865.00 $1,730.00 $500.00 $1,000.00 $700.00 $1,400.00 $350.00 $700.00 $425.00 $850.00 $500.00 $1,000.00 $440.00 $880.00 $600.00 $1,200.00 $300.00 $600.00 $120.00 $240.00 $600.00 $1,200.00 $444.29 $888.57A91 Adjust Franchise Utility Bault/ManholeEach 1 950.00950.00 $250.00 $250.00 $500.00 $500.00 $3,000.00 $3,000.00 $2,550.00 $2,550.00 $750.00 $750.00 $2,000.00 $2,000.00 $750.00 $750.00 $550.00 $550.00 $2,600.00 $2,600.00 $2,900.00 $2,900.00 $1,500.00 $1,500.00 $500.00 $500.00 $900.00 $900.00 $1,800.00 $1,800.00 $1,467.86 $1,467.86A92 Permanent SigningLump Sum 1 3,500.003,500.00 $6,000.00 $6,000.00 $5,000.00 $5,000.00 $11,000.00 $11,000.00 $2,600.00 $2,600.00 $5,000.00 $5,000.00 $6,000.00 $6,000.00 $5,000.00 $5,000.00 $3,000.00 $3,000.00 $6,500.00 $6,500.00 $8,800.00 $8,800.00 $5,000.00 $5,000.00 $6,000.00 $6,000.00 $10,298.00 $10,298.00 $1,000.00 $1,000.00 $5,799.86 $5,799.86A93 Plastic Stop LineLinear Foot 110 6.00660.00 $10.50 $1,155.00 $10.00 $1,100.00 $12.00 $1,320.00 $10.20 $1,122.00 $10.00 $1,100.00 $10.00 $1,100.00 $10.00 $1,100.00 $9.00 $990.00 $11.00 $1,210.00 $10.00 $1,100.00 $10.75 $1,182.50 $10.00 $1,100.00 $8.00 $880.00 $9.00 $990.00 $10.03 $1,103.54A94 Plastic Crosswalk LineSq. Foot 500 5.002,500.00 $7.00 $3,500.00 $7.00 $3,500.00 $7.00 $3,500.00 $6.50 $3,250.00 $7.00 $3,500.00 $7.00 $3,500.00 $7.00 $3,500.00 $6.00 $3,000.00 $11.00 $5,500.00 $7.00 $3,500.00 $6.75 $3,375.00 $8.00 $4,000.00 $6.00 $3,000.00 $7.00 $3,500.00 $7.16 $3,580.36A95 Paint LineLinear Foot 110 2.00220.00 $4.00 $440.00 $4.00 $440.00 $4.00 $440.00 $3.75 $412.50 $12.00 $1,320.00 $4.00 $440.00 $12.00 $1,320.00 $11.00 $1,210.00 $2.00 $220.00 $12.00 $1,320.00 $3.75 $412.50 $10.00 $1,100.00 $10.00 $1,100.00 $12.00 $1,320.00 $7.46 $821.07A96 Removing Existing Pavement MarkingsLump Sum 1 1,500.001,500.00 $790.00 $790.00 $750.00 $750.00 $800.00 $800.00 $775.00 $775.00 $1,200.00 $1,200.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $3,000.00 $3,000.00 $1,500.00 $1,500.00 $6,000.00 $6,000.00 $800.00 $800.00 $1,500.00 $1,500.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,508.21 $1,508.21A97 HandrailLinear Foot 4 250.001,000.00 $225.00 $900.00 $1,000.00 $4,000.00 $700.00 $2,800.00 $900.00 $3,600.00 $200.00 $800.00 $400.00 $1,600.00 $200.00 $800.00 $375.00 $1,500.00 $700.00 $2,800.00 $600.00 $2,400.00 $200.00 $800.00 $625.00 $2,500.00 $200.00 $800.00 $500.00 $2,000.00 $487.50 $1,950.00Total A 2,222,279.00$1,941,977.00 $2,070,488.00 $1,982,241.00 $1,998,304.50 $2,052,083.30 $2,017,738.00 $2,125,764.00 $2,241,388.00 $2,375,299.50 $2,235,119.00 $2,197,354.00 $2,325,682.00 $2,388,580.00 $2,553,510.00 $2,178,966.31Schedule BB1Estimate 1 17,500.0017,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00 $17,500.00B2Lump Sum 1 10,350.0010,350.00 $2,850.00 $2,850.00 $2,000.00 $2,000.00 $3,500.00 $3,500.00 $2,100.00 $2,100.00 $3,000.00 $3,000.00 $1,000.00 $1,000.00 $10,000.00 $10,000.00 $2,000.00 $2,000.00 $2,500.00 $2,500.00 $1,700.00 $1,700.00 $2,850.00 $2,850.00 $10,000.00 $10,000.00 $2,200.00 $2,200.00 $10,000.00 $10,000.00 $3,978.57 $3,978.57B3Estimate 1 5,000.005,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00B4Each 21 1,000.0021,000.00 $525.00 $11,025.00 $500.00 $10,500.00 $400.00 $8,400.00 $385.00 $8,085.00 $300.00 $6,300.00 $800.00 $16,800.00 $750.00 $15,750.00 $600.00 $12,600.00 $350.00 $7,350.00 $1,500.00 $31,500.00 $400.00 $8,400.00 $180.00 $3,780.00 $565.00 $11,865.00 $300.00 $6,300.00 $539.64 $11,332.50B5Lump Sum 1 65,750.0065,750.00 $42,612.00 $42,612.00 $35,000.00 $35,000.00 $60,000.00 $60,000.00 $71,750.00 $71,750.00 $35,000.00 $35,000.00 $10,000.00 $10,000.00 $75,000.00 $75,000.00 $40,000.00 $40,000.00 $25,000.00 $25,000.00 $20,000.00 $20,000.00 $84,750.00 $84,750.00 $89,000.00 $89,000.00 $101,250.00 $101,250.00 $80,000.00 $80,000.00 $54,954.43 $54,954.43B6Lump Sum 1 79,250.0079,250.00 $55,500.00 $55,500.00 $1,500.00 $1,500.00 $20,000.00 $20,000.00 $73,000.00 $73,000.00 $24,000.00 $24,000.00 $10,000.00 $10,000.00 $25,000.00 $25,000.00 $65,000.00 $65,000.00 $60,000.00 $60,000.00 $25,000.00 $25,000.00 $75,000.00 $75,000.00 $62,000.00 $62,000.00 $69,043.00 $69,043.00 $50,000.00 $50,000.00 $43,931.64 $43,931.64B7Linear Foot 790 4.003,160.00 $2.00 $1,580.00 $2.00 $1,580.00 $2.00 $1,580.00 $2.75 $2,172.50 $0.10 $79.00 $4.00 $3,160.00 $10.00 $7,900.00 $4.00 $3,160.00 $5.00 $3,950.00 $8.00 $6,320.00 $4.00 $3,160.00 $2.00 $1,580.00 $2.00 $1,580.00 $2.00 $1,580.00 $3.56 $2,812.96B8Ton 50 27.001,350.00 $48.00 $2,400.00 $55.00 $2,750.00 $65.00 $3,250.00 $54.00 $2,700.00 $10.00 $500.00 $70.00 $3,500.00 $75.00 $3,750.00 $20.00 $1,000.00 $75.00 $3,750.00 $100.00 $5,000.00 $37.50 $1,875.00 $20.00 $1,000.00 $50.00 $2,500.00 $30.00 $1,500.00 $50.68 $2,533.93B9Cu. Yard 500 35.0017,500.00 $31.00 $15,500.00 $40.00 $20,000.00 $45.00 $22,500.00 $40.00 $20,000.00 $40.00 $20,000.00 $35.00 $17,500.00 $55.00 $27,500.00 $25.00 $12,500.00 $30.00 $15,000.00 $38.00 $19,000.00 $58.00 $29,000.00 $25.00 $12,500.00 $65.00 $32,500.00 $30.00 $15,000.00 $39.79 $19,892.86B10Lump Sum 1 17,500.0017,500.00 $500.00 $500.00 $100.00 $100.00 $750.00 $750.00 $500.00 $500.00 $500.00 $500.00 $1,000.00 $1,000.00 $5,000.00 $5,000.00 $2,500.00 $2,500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $2,500.00 $2,500.00 $1,500.00 $1,500.00 $1,725.00 $1,725.00 $30,000.00 $30,000.00 $3,541.07 $3,541.07B11Cu. Yard 12 250.003,000.00 $125.00 $1,500.00 $400.00 $4,800.00 $180.00 $2,160.00 $250.00 $3,000.00 $100.00 $1,200.00 $125.00 $1,500.00 $250.00 $3,000.00 $160.00 $1,920.00 $150.00 $1,800.00 $226.00 $2,712.00 $200.00 $2,400.00 $125.00 $1,500.00 $145.00 $1,740.00 $150.00 $1,800.00 $184.71 $2,216.57B12Ton 330 40.0013,200.00 $31.00 $10,230.00 $55.00 $18,150.00 $17.00 $5,610.00 $30.00 $9,900.00 $35.00 $11,550.00 $50.00 $16,500.00 $65.00 $21,450.00 $35.00 $11,550.00 $32.00 $10,560.00 $64.00 $21,120.00 $47.25 $15,592.50 $1.00 $330.00 $45.00 $14,850.00 $40.00 $13,200.00 $39.09 $12,899.46B13Ton 360 110.0039,600.00 $129.00 $46,440.00 $140.00 $50,400.00 $145.00 $52,200.00 $147.00 $52,920.00 $106.00 $38,160.00 $135.00 $48,600.00 $120.00 $43,200.00 $135.00 $48,600.00 $110.00 $39,600.00 $165.00 $59,400.00 $140.00 $50,400.00 $50.00 $18,000.00 $125.00 $45,000.00 $170.00 $61,200.00 $129.79 $46,722.86B14Sq. Yard 360 12.004,320.00 $6.00 $2,160.00 $19.00 $6,840.00 $15.00 $5,400.00 $13.50 $4,860.00 $17.00 $6,120.00 $12.00 $4,320.00 $15.00 $5,400.00 $15.00 $5,400.00 $20.00 $7,200.00 $12.00 $4,320.00 $14.00 $5,040.00 $15.00 $5,400.00 $13.00 $4,680.00 $17.00 $6,120.00 $14.54 $5,232.86B15Lump Sum 1 25,000.0025,000.00 $16,500.00 $16,500.00 $4,500.00 $4,500.00 $1,500.00 $1,500.00 $21,500.00 $21,500.00 $2,500.00 $2,500.00 $5,000.00 $5,000.00 $4,500.00 $4,500.00 $8,500.00 $8,500.00 $12,000.00 $12,000.00 $7,700.00 $7,700.00 $6,275.00 $6,275.00 $15,000.00 $15,000.00 $7,530.00 $7,530.00 $14,000.00 $14,000.00 $9,071.79 $9,071.79B16Linear Foot 30 100.003,000.00 $36.50 $1,095.00 $74.00 $2,220.00 $150.00 $4,500.00 $60.00 $1,800.00 $75.00 $2,250.00 $105.00 $3,150.00 $120.00 $3,600.00 $250.00 $7,500.00 $150.00 $4,500.00 $93.00 $2,790.00 $123.75 $3,712.50 $115.00 $3,450.00 $135.00 $4,050.00 $80.00 $2,400.00 $111.95 $3,358.39B17Linear Foot 130 100.0013,000.00 $49.00 $6,370.00 $87.00 $11,310.00 $180.00 $23,400.00 $63.00 $8,190.00 $70.00 $9,100.00 $140.00 $18,200.00 $120.00 $15,600.00 $130.00 $16,900.00 $100.00 $13,000.00 $93.00 $12,090.00 $92.75 $12,057.50 $137.00 $17,810.00 $135.00 $17,550.00 $85.00 $11,050.00 $105.84 $13,759.11B18Linear Foot 60 115.006,900.00 $57.50 $3,450.00 $89.00 $5,340.00 $100.00 $6,000.00 $74.00 $4,440.00 $75.00 $4,500.00 $150.00 $9,000.00 $150.00 $9,000.00 $150.00 $9,000.00 $120.00 $7,200.00 $116.00 $6,960.00 $104.50 $6,270.00 $145.00 $8,700.00 $147.50 $8,850.00 $90.00 $5,400.00 $112.04 $6,722.14B19Linear Foot 2,250 130.00292,500.00 $62.50 $140,625.00 $90.00 $202,500.00 $115.00 $258,750.00 $74.00 $166,500.00 $120.00 $270,000.00 $145.00 $326,250.00 $85.00 $191,250.00 $140.00 $315,000.00 $88.00 $198,000.00 $93.00 $209,250.00 $115.25 $259,312.50 $138.00 $310,500.00 $136.00 $306,000.00 $100.00 $225,000.00 $107.27 $241,352.68B20Ton 1,870 35.0065,450.00 $26.50 $49,555.00 $20.00 $37,400.00 $14.00 $26,180.00 $33.50 $62,645.00 $27.00 $50,490.00 $30.00 $56,100.00 $35.00 $65,450.00 $15.00 $28,050.00 $40.00 $74,800.00 $45.00 $84,150.00 $43.75 $81,812.50 $1.00 $1,870.00 $21.00 $39,270.00 $25.00 $46,750.00 $26.91 $50,323.04B21Each 7 7,000.0049,000.00 $5,350.00 $37,450.00 $5,000.00 $35,000.00 $3,500.00 $24,500.00 $5,100.00 $35,700.00 $5,000.00 $35,000.00 $4,600.00 $32,200.00 $10,000.00 $70,000.00 $4,000.00 $28,000.00 $5,500.00 $38,500.00 $7,200.00 $50,400.00 $4,500.00 $31,500.00 $7,000.00 $49,000.00 $950.00 $6,650.00 $3,000.00 $21,000.00 $5,050.00 $35,350.00B22Cu. Yard 42 290.0012,180.00 $160.00 $6,720.00 $225.00 $9,450.00 $250.00 $10,500.00 $380.00 $15,960.00 $100.00 $4,200.00 $300.00 $12,600.00 $500.00 $21,000.00 $200.00 $8,400.00 $235.00 $9,870.00 $465.00 $19,530.00 $357.25 $15,004.50 $10.00 $420.00 $400.00 $16,800.00 $300.00 $12,600.00 $277.30 $11,646.75B23Each 1 2,500.002,500.00 $1,235.00 $1,235.00 $1,250.00 $1,250.00 $1,100.00 $1,100.00 $1,250.00 $1,250.00 $1,000.00 $1,000.00 $1,400.00 $1,400.00 $1,400.00 $1,400.00 $1,200.00 $1,200.00 $1,600.00 $1,600.00 $2,300.00 $2,300.00 $1,150.00 $1,150.00 $1,100.00 $1,100.00 $820.00 $820.00 $1,000.00 $1,000.00 $1,271.79 $1,271.79B24Each 3 3,000.009,000.00 $1,406.00 $4,218.00 $1,700.00 $5,100.00 $1,400.00 $4,200.00 $1,650.00 $4,950.00 $1,300.00 $3,900.00 $1,700.00 $5,100.00 $6,000.00 $18,000.00 $1,500.00 $4,500.00 $2,100.00 $6,300.00 $3,100.00 $9,300.00 $1,500.00 $4,500.00 $1,600.00 $4,800.00 $1,235.00 $3,705.00 $1,100.00 $3,300.00 $1,949.36 $5,848.07B25Each 1 3,200.003,200.00 $2,065.00 $2,065.00 $2,400.00 $2,400.00 $2,200.00 $2,200.00 $2,325.00 $2,325.00 $2,000.00 $2,000.00 $2,400.00 $2,400.00 $3,700.00 $3,700.00 $2,100.00 $2,100.00 $3,425.00 $3,425.00 $3,700.00 $3,700.00 $2,200.00 $2,200.00 $2,400.00 $2,400.00 $1,910.00 $1,910.00 $2,200.00 $2,200.00 $2,501.79 $2,501.79B26Each 9 3,500.0031,500.00 $2,500.00 $22,500.00 $2,900.00 $26,100.00 $2,500.00 $22,500.00 $2,675.00 $24,075.00 $2,800.00 $25,200.00 $2,700.00 $24,300.00 $7,000.00 $63,000.00 $2,800.00 $25,200.00 $3,200.00 $28,800.00 $4,600.00 $41,400.00 $2,675.00 $24,075.00 $2,800.00 $25,200.00 $2,290.00 $20,610.00 $2,600.00 $23,400.00 $3,145.71 $28,311.43B27Each 3 10,000.0030,000.00 $2,891.00 $8,673.00 $3,800.00 $11,400.00 $2,200.00 $6,600.00 $3,500.00 $10,500.00 $3,200.00 $9,600.00 $3,600.00 $10,800.00 $3,000.00 $9,000.00 $5,000.00 $15,000.00 $2,200.00 $6,600.00 $6,500.00 $19,500.00 $1,800.00 $5,400.00 $6,000.00 $18,000.00 $3,250.00 $9,750.00 $5,200.00 $15,600.00 $3,724.36 $11,173.07B28Each 1 5,000.005,000.00 $5,685.00 $5,685.00 $6,400.00 $6,400.00 $9,000.00 $9,000.00 $6,250.00 $6,250.00 $7,500.00 $7,500.00 $7,500.00 $7,500.00 $8,000.00 $8,000.00 $6,500.00 $6,500.00 $5,000.00 $5,000.00 $8,300.00 $8,300.00 $4,950.00 $4,950.00 $9,000.00 $9,000.00 $7,055.00 $7,055.00 $15,000.00 $15,000.00 $7,581.43 $7,581.43B29Each 1 5,000.005,000.00 $3,940.00 $3,940.00 $3,500.00 $3,500.00 $3,500.00 $3,500.00 $3,700.00 $3,700.00 $4,000.00 $4,000.00 $5,000.00 $5,000.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 $3,800.00 $3,800.00 $4,200.00 $4,200.00 $3,750.00 $3,750.00 $5,000.00 $5,000.00 $4,800.00 $4,800.00 $4,500.00 $4,500.00 $4,120.71 $4,120.71B30Each 3 350.001,050.00 $40.00 $120.00 $350.00 $1,050.00 $900.00 $2,700.00 $500.00 $1,500.00 $500.00 $1,500.00 $750.00 $2,250.00 $750.00 $2,250.00 $500.00 $1,500.00 $350.00 $1,050.00 $525.00 $1,575.00 $350.00 $1,050.00 $200.00 $600.00 $120.00 $360.00 $600.00 $1,800.00 $459.64 $1,378.93B31Each 7 8,000.0056,000.00 $6,250.00 $43,750.00 $6,500.00 $45,500.00 $6,000.00 $42,000.00 $5,800.00 $40,600.00 $6,000.00 $42,000.00 $6,500.00 $45,500.00 $10,000.00 $70,000.00 $5,500.00 $38,500.00 $6,200.00 $43,400.00 $7,700.00 $53,900.00 $6,000.00 $42,000.00 $9,000.00 $63,000.00 $6,580.00 $46,060.00 $8,000.00 $56,000.00 $6,859.29 $48,015.00B32Each 5 900.004,500.00 $550.00 $2,750.00 $500.00 $2,500.00 $1,400.00 $7,000.00 $385.00 $1,925.00 $500.00 $2,500.00 $1,000.00 $5,000.00 $750.00 $3,750.00 $1,400.00 $7,000.00 $750.00 $3,750.00 $640.00 $3,200.00 $1,200.00 $6,000.00 $500.00 $2,500.00 $356.00 $1,780.00 $1,000.00 $5,000.00 $780.79 $3,903.93B33Each 45 3,500.00157,500.00 $1,800.00 $81,000.00 $1,500.00 $67,500.00 $2,000.00 $90,000.00 $1,700.00 $76,500.00 $1,900.00 $85,500.00 $3,000.00 $135,000.00 $1,500.00 $67,500.00 $1,800.00 $81,000.00 $1,250.00 $56,250.00 $2,600.00 $117,000.00 $3,000.00 $135,000.00 $2,500.00 $112,500.00 $3,875.00 $174,375.00 $2,130.00 $95,850.00 $2,182.50 $98,212.50B34Linear Foot 110 85.009,350.00 $197.00 $21,670.00 $250.00 $27,500.00 $100.00 $11,000.00 $235.00 $25,850.00 $100.00 $11,000.00 $100.00 $11,000.00 $200.00 $22,000.00 $200.00 $22,000.00 $120.00 $13,200.00 $153.00 $16,830.00 $200.00 $22,000.00 $10.00 $1,100.00 $118.00 $12,980.00 $300.00 $33,000.00 $163.07 $17,937.86B35Linear Foot 40 25.001,000.00 $52.50 $2,100.00 $42.00 $1,680.00 $65.00 $2,600.00 $39.00 $1,560.00 $60.00 $2,400.00 $75.00 $3,000.00 $65.00 $2,600.00 $35.00 $1,400.00 $75.00 $3,000.00 $58.00 $2,320.00 $38.75 $1,550.00 $40.00 $1,600.00 $53.00 $2,120.00 $70.00 $2,800.00 $54.88 $2,195.00B36Sq. Yard 150 40.006,000.00 $94.50 $14,175.00 $57.00 $8,550.00 $115.00 $17,250.00 $61.50 $9,225.00 $100.00 $15,000.00 $55.00 $8,250.00 $105.00 $15,750.00 $50.00 $7,500.00 $60.00 $9,000.00 $105.00 $15,750.00 $57.00 $8,550.00 $110.00 $16,500.00 $54.00 $8,100.00 $62.00 $9,300.00 $77.57 $11,635.71Subtotal B 1,087,110.00 $690,443.00 $694,270.00 $784,830.00 $800,432.50 $760,049.00 $885,380.00 $936,800.00 $867,480.00 $743,755.00 $912,217.00 $981,587.00 $899,140.00 $1,012,558.00 $906,150.00 $848,220.82Tax 10.0% 108,711.00 $69,044.30 $69,427.00 $78,483.00 $80,043.25 $76,004.90 $88,538.00 $93,680.00 $86,748.00 $74,375.50 $91,221.70 $98,158.70 $89,914.00 $101,255.80 $90,615.00 $84,822.08Total B1,195,821.00$759,487.30 $763,697.00 $863,313.00 $880,475.75 $836,053.90 $973,918.00 $1,030,480.00 $954,228.00 $818,130.50 $1,003,438.70 $1,079,745.70 $989,054.00 $1,113,813.80 $996,765.00 $933,042.90Schedule CC1Lump Sum 1 65,000.0065,000.00 $79,000.00 $79,000.00 $75,000.00 $75,000.00 $100,000.00 $100,000.00 $82,000.00 $82,000.00 $85,000.00 $85,000.00 $86,000.00 $86,000.00 $90,000.00 $90,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $86,000.00 $86,000.00 $89,250.00 $89,250.00 $117,000.00 $117,000.00 $83,756.25 $83,756.25 $95,000.00 $95,000.00 $90,571.88 $90,571.88C2Lump Sum 1 5,000.005,000.00 $20,750.00 $20,750.00 $17,500.00 $17,500.00 $18,000.00 $18,000.00 $16,000.00 $16,000.00 $16,500.00 $16,500.00 $16,000.00 $16,000.00 $18,000.00 $18,000.00 $6,000.00 $6,000.00 $16,000.00 $16,000.00 $19,000.00 $19,000.00 $16,250.00 $16,250.00 $39,000.00 $39,000.00 $15,175.00 $15,175.00 $17,000.00 $17,000.00 $17,941.07 $17,941.07Subtotal C 70,000.00 $99,750.00 $92,500.00 $118,000.00 $98,000.00 $101,500.00 $102,000.00 $108,000.00 $106,000.00 $116,000.00 $105,000.00 $105,500.00 $156,000.00 $98,931.25 $112,000.00 $108,512.95Tax 10.0% 7,000.00 $9,975.00 $9,250.00 $11,800.00 $9,800.00 $10,150.00 $10,200.00 $10,800.00 $10,600.00 $11,600.00 $10,500.00 $10,550.00 $15,600.00 $9,893.13 $11,200.00 $10,851.29Total C77,000.00$109,725.00 $101,750.00 $129,800.00 $107,800.00 $111,650.00 $112,200.00 $118,800.00 $116,600.00 $127,600.00 $115,500.00 $116,050.00 $171,600.00 $108,824.38 $123,200.00 $119,364.24Total of Schedules A, B & C3,495,100.00$2,811,189.30 $2,935,935.00 $2,975,354.00 $2,986,580.25 $2,999,787.20 $3,103,856.00 $3,275,044.00 $3,312,216.00 $3,321,030.00 $3,354,057.70 $3,393,149.70 $3,486,336.00 $3,611,218.18 $3,673,475.00 $3,231,373.45AVERAGE BIDStrickland and Sons Excavation, LLC.Active Construction Inc. Rodarte Construction, Inc. Northwest Cascade, Inc.SCI Infrastructure, LLC. Olson Brothers Excavating, Inc. R.W. Scott Construction Kar-vel Construction Cascade Civil Construction, LLC. Shoreline Construction Co.Reed Trucking & Excavating, Inc.R.L. Alia CompanyCrushed Surfacing Base Course for Water Trench SectionMinor ChangeConstruction Surveying, Staking, and As-Built Drawings Resolution of Utility ConflictsUtility PotholingMobilization & Demobilization (Maximum Bid 10% of Schedule B Total exculding Sales Tax)Project Temporary Traffic ControlSawcuttingRemoval and Replacement of Unsuitable Foundation ExcavationRoadway Excavation Incl. HaulFurnish and Install Controlled Density FillTrench Safety SystemsFurnish and Install 6 In. Diam. Cl. 52 DI Water Main w/ Restrained Joint Fittings and PolywrapFurnish and Install 8 In. Diam. Cl. 52 DI Water Main w/ Restrained Joint FittingsFurnish and Install 8 In. Gate Valve AssemblyFurnish and Install 10 In. Gate Valve AssemblyHMA Cl. 1/2" PG 64-22 for Water Trench SectionPlaning Bituminous PavementAbandon Existing Water SystemFurnish and Install 12 In. Gate Valve AssemblyFurnish and Install 12 In. Diam. Cl. 52 DI Water Main w/ Restrained Joint FittingsBank Run Gravel for Trench Backfill - WaterConnection to Existing Water MainFurnish and Install 10 In. Diam. Cl. 52 DI Water Main w/ Restrained Joint FittingsAutomatic Irrigation System, CompletePower ConnectionKC Equipment, LLC. Marshbank Construction, IncRemove and Salvage HydrantFurnish and Install 1 In. Water Service ConnectionSide Sewer ReplacementCement Conc. Traffic Curb and GutterCement Conc. SidewalkFurnish and Install 8 In. In-Line Valve on Existing MainFurnish and Install 12 In. Tapping Tee and ValveFurnish and Install Comb. Air Release/Air Vacuum Valve AssemblyAdjust Existing Water Valve Box to Grade (RC)Furnish and Install Hydrant AssemblyConcrete Thrust Block and Dead-Man Anchor BlockFurnish and Install 6 In. Gate Valve AssemblyAGENDA ITEM #5. b)
Bidders
Item Description Strickland & Sons Excavation, LLC
1a The Bidder is not prequalified when so required.Not required
1b The authorized proposal form furnished by the Contracting Agency is not used or is altered. NO
1c The complete proposal form contains any unauthorized additions, deletions, alternate Bids,
or conditions.NO
1d The Bidder adds provisions reserving the right to reject or accept the award, or enter into
the Contract.NO
1e A price per unit cannot be determined from the Bid Proposal NO
1f The Proposal form is not properly executed.NO
1g The Bidder fails to submit or properly complete a Subcontractor list, if applicable, as
required in Section 1-02.6.NO
1h The bidder fails to submit or properly complete a Disadvantaged, Minority or Women's
Business Enterprise Certification, if applicable, as required in Section 1-02.6 NO
1i The bid proposal does not constitute a definite and unqualified offer to meet the material
terms of the bid invitation.NO
1j More than one proposal is submitted for the same project from a Bidder under the same or
different names.NO
2a The Proposal does not include a unit price for every Bid item.NO
2b Any of the unit prices are excessively unbalanced (either above or below the amount of a
reasonable Bid) to the potential detriment of the Contracting Agency.NO
2c The authorized proposal form furnished by the Contracting Agency is not used or is altered. NO
2d The completed Proposal form contains any unauthorized additions, deletions, alternate
Bids, or conditions.NO
2e Receipt of Addenda is not acknowledged.NO
2f A member of a joint venture or partnership and the joint venture or partnership submit
Proposals for the same project (in such an instance, both Bids may be rejected).NO
2g If the Proposal form entries are not made in ink.NO
A Proposal may be considered irregular and may be rejected if:
Criteria
A Proposal will be considered irregular and will be rejected if:
Special Provision 1-02.13 Irregular Proposals
AGENDA ITEM #5. b)
Bidders
Item Description Strickland & Sons Excavation, LLC
1 A bidder will be deemed not responsible and the proposal rejected if the bidder does not meet the
responsibility criteria in RCW 39.04.Meets
2 A bidder may be deemed not responsible and the proposal rejected if:
a More than one proposal is submitted for the same project from a bidder under the same or different names NO
b Evidence of collusion exists with any other bidder or potential bidder. Participants in collusion will be
restricted from submitting further bids NO
c
The bidder, in the opinion of the Contracting Agency, is not qualified for the work or to the full extent of the
bid, or to the extent that the bid exceeds the authorized prequalification amount as may have been
determined by a prequalification of the bidder
NO
d
An unsatisfactory performance record exists based on past or current Contracting Agency Work of for Work
done for others, as judged from the standpoint of conduct of the Work; workmanship; progress; affirmative
action; equal employment opportunity practices; or Disadvantaged Enterprise, Minority Enterprise, or
Women's Business Enterprise utilization.
NO
e There is uncompleted Work (Contracting Agency or otherwise) which might hinder or prevent the prompt
completion of the Work bid upon NO
f The bidder failed to settle bills for labor or materials on past or current contracts NO
g The bidder has failed to complete a written public contract or has been convicted of a crime arising from a
previous public contract NO
h The bidder is unable, financially or otherwise, to perform the Work NO
i A bidder is not authorized to do business in the State of Washington (not registered in accordance with
RCW 18.27)NO
j The bidder does not meet the supplemental qualifications criteria as stated in Section 1-02.1(1). NO
k There are any other reasons deemed proper by the Contracting Agency.NO
1 Before award of a public works contract, a bidder must meet the following responsibility criteria to be
considered a responsible bidder and qualified to be awarded a public works project. The bidder must:
a At time of bid submittal, have certificate of registration in compliance with chapter 18.27 RCW; <Dept. of
Labor and Industries>
Yes. L&I Lic# STRICSE881QB. Account is
current.
b Have a current state unified business identified number;Yes. 603 203 533
c
If applicable, have industrial insurance coverage for the bidder's employees working in Washington as
required in Title 51 RCW; an employment security department number as required in Title 50 RCW; and a
state excise tax registration number as required in Title 82 RCW;
Confirmed
d Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3); No per L&I.
e
If bidding on a public works project subject to the apprenticeship utilization requirements in RCW
39.04.320, not have been found out of compliance by the Washington state apprenticeship and training
council for working apprentices out of ration, without appropriate supervision, or outside their approved
work processes as outlined in their standards of apprenticeship under chapeter 49.04 RCW for the one-year
period immediately preceding the date of the bid solicitation;
N/A. No training goal set.
f Until December 31, 2013, not have violated RCW 39.04.370 more than one time as determined by the
department of labor and indistries; and No per L&I.
g
Within the three-year period immediately preceding the date of the bid solicitation, not have been
determined by a final and binding citation and notice of assessment issued by the department of labor and
industries or through a civil judgement entered by a court of limited or general jurisdiction to have willfully
violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW.
No per L&I
2
Before award of a public works contract, a bidder shall submit to the contracting agency a signed statement
in accordance with RCW 9A.72.085 verifying under penalty of perjury that the bidder is in compliance with
the responsible bidder criteria requirement of subsection (1)(g) of this section. A contracting agency may
award a contract in reasonable reliance upon such a sworn statement.
Form submitted with bid.
3
In addition to the bidder responsibility criteria in subsection (1) of this section, the state or municipality may
adopt relevant supplemental criteria for determining bidder responsibility applicable to a particular project
which the bidder must meet.
N/A
a
Supplemental criteria for determining bidder responsibility, including the basis for evaluation and the
deadline for appealing a determination that a bidder is not responsible, must be provided in the invitation
to bid or bidding documents.
N/A
Criteria
Special Provision 1-02.14 Disqualification of Bidders (RCW 39.04.350(1))
RCW 39.04.350
AGENDA ITEM #5. b)
b
In a timely manner before the bid submittal deadline, a potential bidder may request that the state or
municipality modify the supplemental criteria. The state or municipality must evaluate the information
submitted by the potential bidder and respond before the bid submittal deadline. If the evaluation results
in a change of the criteria, the state or municipality must issue an addendum to the bidding documents
identifying the new criteria.
N/A
c
If the bidder fails to supply information requested concerning responsibility within the time and manner
specified in the bid documents, the state or municipality may base its determination of responsibility upon
any available information related to teh supplemental criteria or may find the bidder not responsible.
N/A
d
If the state or muncipality determines a bidder to be not responsible, the state or municipality must
provide, in writing, the reasons for the determination. The bidder may appeal the determination with the
time period specified in the bidding documents by presenting additional information to the state or
municipality. The state or municipality must consider the additional information before issuing its final
determination. If the final determination affirms that the bidder is not responsible, the state or municipality
may not execute a contract with any other bidder until two business days after the bidder determined to be
not responsible has received the final determination.
N/A
4
The capital projects advisory review board created in RCW 39.10.220 shall develop suggested guidelines to
assist the state and municipalities in developing supplemental bidder responsibility criteria. The guidelines
must be posted on the board's web site.
N/A
Valid Contractor's License?Yes
Any Tax Debts during previous 6 year period?No
Any License Violations during previous 6 year period?No (However, did have violations due to
trench protection.)
Valid Worker's Comp Account?Yes
AGENDA ITEM #5. b)
Project: NE 16th St - Jefferson Av NE Stormwater Green Connections Project - CAG-21-002Due Date: December 22, 2020 - Bids Due at 2:00 p.m. - Opening at 3:00 pm (Video Conference)CITY OF RENTONBID TABULATION SHEETBid Total fromProp L&I Bid Sched Wage Sub Adden Schedule of PricesTriple Form Cert Bond Prices Compl List 1 & 2*Includes Sales TaxActive Construction Inc.P.O. Box 4301PuyallupX X X X X X X $2,935,935.00Wa98371DavidCeccantiCascade Civil Construction, LLC.P.O. Box 734572PuyallupX X X X X X X $3,611,218.18Wa98373AlanAplinKC Equipment, LLC.2410 Boyer Av E- #33SeattleX X X X X X X $3,275,044.00Wa98112KevinPleasBidderFORMSEngineer's Estimate$3,200,000.00 - $3,800,000.00AGENDA ITEM #5. b)
Project: NE 16th St - Jefferson Av NE Stormwater Green Connections Project - CAG-21-002Due Date: December 22, 2020 - Bids Due at 2:00 p.m. - Opening at 3:00 pm (Video Conference)CITY OF RENTONBID TABULATION SHEETBid Total fromProp L&I Bid Sched Wage Sub Adden Schedule of PricesTriple Form Cert Bond Prices Compl List 1 & 2*Includes Sales TaxBidderFORMSKar-vel ConstructionP.O. Box 582754RentonX X X X X X X $3,486,336.00Wa98058MikeWaldnerMarshbank Construction, Inc.P.O. Box 975Lake StevensX X X X X X X $3,312,216.00WA98258DaveMarshbank Northwest Cascade, Inc.P.O. Box 733996PuyallupX X X X X X X $2,986,580.25WA98373ClintonMyersEngineer's Estimate$3,200,000.00 - $3,800,000.00AGENDA ITEM #5. b)
Project: NE 16th St - Jefferson Av NE Stormwater Green Connections Project - CAG-21-002Due Date: December 22, 2020 - Bids Due at 2:00 p.m. - Opening at 3:00 pm (Video Conference)CITY OF RENTONBID TABULATION SHEETBid Total fromProp L&I Bid Sched Wage Sub Adden Schedule of PricesTriple Form Cert Bond Prices Compl List 1 & 2*Includes Sales TaxBidderFORMSOlson Brothers Excavating, Inc.6622 112th Street East7PuyallupX X X X X X X $3,333,837.70Wa98373SteveOlson R.L. Alia Company10831 SE 181st St8RentonX X X X X X X $3,103,856.00Wa98055VitoAliaR.W. Scott Construction4005 West Valley Highway, Suite A9AuburnX X X X X X X $3,339,277.70Wa98001JeffScottEngineer's Estimate$3,200,000.00 - $3,800,000.00AGENDA ITEM #5. b)
Project: NE 16th St - Jefferson Av NE Stormwater Green Connections Project - CAG-21-002Due Date: December 22, 2020 - Bids Due at 2:00 p.m. - Opening at 3:00 pm (Video Conference)CITY OF RENTONBID TABULATION SHEETBid Total fromProp L&I Bid Sched Wage Sub Adden Schedule of PricesTriple Form Cert Bond Prices Compl List 1 & 2*Includes Sales TaxBidderFORMSReed Trucking & Excavating, Inc.2207 Inter Av Suite A10PuyallupX X X X X X X $2,999,787.20Wa98372ShawnReed Rodarte Construction, Inc.17 East Valley Highway E11AuburnX X X X X X X $2,974,054.00Wa98092JaredRodarte SCI Infrastructure, LLC.2821 South 1354th Street12SeattleX X X X X X X $3,317,530.00WA98188MarkEngineer's Estimate$3,200,000.00 - $3,800,000.00AGENDA ITEM #5. b)
Project: NE 16th St - Jefferson Av NE Stormwater Green Connections Project - CAG-21-002Due Date: December 22, 2020 - Bids Due at 2:00 p.m. - Opening at 3:00 pm (Video Conference)CITY OF RENTONBID TABULATION SHEETBid Total fromProp L&I Bid Sched Wage Sub Adden Schedule of PricesTriple Form Cert Bond Prices Compl List 1 & 2*Includes Sales TaxBidderFORMSScoccoloShoreline Construction Co.P.O. Box 35813WoodinvilleX X X X X X X $3,674,675.00Wa98072DouglasSuzukiStrickland and Sons Excavation, Inc.28008 Hinkleman Road14BuckleyX X X X X X X $2,811,189.30Wa98321JoshStrickland Engineer's Estimate$3,200,000.00 - $3,800,000.00AGENDA ITEM #5. b)
AB - 2784
City Council Regular Meeting - 01 Feb 2021
SUBJECT/TITLE: Retainage Release - CAG-19-254 - Cedar River Boathouse Float
Replacement
RECOMMENDED ACTION: Council Concur
DEPARTMENT: Community Services Department
STAFF CONTACT: Russ Woodruff, Capital Project Coordinator
EXT.: 425-430-6600
FISCAL IMPACT SUMMARY:
Final Payment Application from Marine Floats in the amount of $21,503.07 for retainage on the Cedar River
Boathouse Float Replacement, CAG-19-254.
SUMMARY OF ACTION:
The Community Services Department submits the final payment application for Marine Floats, CAG-19-254 to
release retainage for the Cedar River Boathouse Float Replacement in the amount of $21,503.07. Final
Completion was obtained on 11/1/2020.
EXHIBITS:
A. Final Payment Application - Marine Floats - CAG-19-254
B. Notice of Completion - CAG-19-254
STAFF RECOMMENDATION:
Recommends the release of retainage for CAG-19-254 - Cedar River Boathouse Float Replacement, in the
amount of $21,503.07, after 60 days once all required releases are received from the State.
AGENDA ITEM #5. c)
Revised #
Assigned to:
UBI Number:
Yes No
Yes
Telephone #
Bond Number:
If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number.
Date Work Commenced Date Work Completed
Contractor Address
Date Contract Awarded
Retainage Bond Contract/Payment bond (valid for federally funded transportation projects)
Name:
Department Use Only
Original
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
Project Name
Date Assigned:
Job Order Contracting
Federally funded transportation project?
Contractor's Name
Description of Work Done/Include Jobsite Address(es)
Affidavit ID*
No (if yes, provide Contract Bond Statement below)
Name & Mailing Address of Public Agency
E-mail Address
Contract Number
Notice is hereby given relative to the completion of contract or project described below
Date:Contractor's UBI Number:
Date Work Accepted
Were Subcontracters used on this project? If so, please complete Addendum A. Yes No
$
$$
$$
$$
%
$
$$
Contact Name:Title:
Affidavit ID* - No L&I release will be granted until all affidavits are listed.
Amount Disbursed
p
Sales Tax Rate
Contract Amount
NOTE: These two totals must be equal
TOTAL
Comments:
Sales Tax Amount
Reductions ( - )
Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract.
NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates.
Submitting Form: Please submit the completed form by email to all three agencies below.
TOTAL
Liquidated Damages
Email Address: Phone Number:
p
Sub-Total
Additions ( + )
Amount Retained
(If various rates apply, please send a breakdown)
Contract Release
(855) 545-8163, option # 4
ContractRelease@LNI.WA.GOV
Employment Security
Department
Registration, Inquiry,
Standards & Coordination
Unit
(360) 902-9450
publicworks@esd.wa.gov
Department of Revenue
Public Works Section
(360) 704-5650
PWC@dor.wa.gov
F215-038-000 10-2014REV 31 0020e (10/26/15)
p@g
AGENDA ITEM #5. c)
Subcontractor's Name:UBI Number: (Required)Affidavit ID*
Addendum A: Please List all Subcontractors and Sub-tiers Below
This addendum can be submitted in other formats.
Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed.
For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the
Washington Relay Service by calling 711.
REV 31 0020e Addendum (10/26/15)F215-038-000 10-2014
AGENDA ITEM #5. c)
Marine Floats Corporation
313 East F Street
Tacoma,WA 93421 |n\/owe
253-383-2740 Fax 253-383-1102
Date 1Invoice No.
12/1/20 1 93565
Ship To:
City of Renton Renton,WA 98057
1055 S Grady Way
Renton,WA 9805 7
JOB N0.|TERMS 1 REP 1 F.0.B.
2820 1 Upon Receipt of Invoice I LB 1 Renton
/ITEM QTY DESCRIPTION PRICE AMOUNT \
Contract -C...Cedar River Boathouse Float Recon?guration -CAG -19 —254 —19,548.24 19,548.24T
Final balance
Your Invoice Is Due and Payable Upon Receipt
Subtotal $19,548.24
Sales Tax (10.0%)$1,954.83
Total $21,503.07
Balance Due $21,503.07
Marine Floats Corp
1208 East D Street -Tacoma WA 98421
Payment From:
City of Renton Invoice 93565 Amount Enclosed
1055 S Grady Way
R enton,WA 98057 Amount Due $21,503.07 5
AGENDA ITEM #5. c)
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING
TEMPORARY FULL ROAD CLOSURES OF THE SOUTH 3RD STREET/WILLIAMS
AVENUE SOUTH INTERSECTION; THE SOUTH 3RD STREET/WELLS AVENUE
SOUTH INTERSECTION; WELLS AVENUE SOUTH, JUST NORTH AND JUST
SOUTH OF SOUTH 2ND STREET; AND WILLIAMS AVENUE SOUTH, JUST NORTH
AND JUST SOUTH OF SOUTH 2ND STREET FOR THE WILLIAMS AVENUE SOUTH
AND WELLS AVENUE SOUTH CONVERSION PROJECT.
WHEREAS, the City of Renton plans to construct improvements for the Williams Avenue
South and Wells Avenue South Conversion Project (“Project”) converting these roadways to two‐
way traffic; and
WHEREAS, on November 9, 2020 Council passed Resolution No. 4423 authorizing
temporary full road closures between November 10, 2020 and December 11, 2020 of the
Williams Avenue South/Houser Way South intersection and the Wells Avenue South/Houser Way
South intersection for the replacement of Burlington Northern Sante Fe railroad crossing signal
equipment as part of the Project; and
WHEREAS, the Project requires an additional six temporary full road closures, not to
exceed fourteen continuous days per closure at the following locations: the South 3rd
Street/Williams Avenue South intersection; the South 3rd Street/Wells Avenue South
intersection; Wells Avenue South, just north and just south of South 2nd Street; and Williams
Avenue South, just north and just south of South 2nd Street; and
WHEREAS, pursuant to City Code section 9‐9‐3, such road closures require City Council
authorization by means of a resolution;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
AGENDA ITEM # 7. a)
RESOLUTION NO. _______
2
SECTION I. The City Council does hereby authorize the temporary full closure, not to
exceed fourteen continuous days per closure at the following locations: the South 3rd
Street/Williams Avenue South intersection; the South 3rd Street/Wells Avenue South
intersection; Wells Avenue South, just north and just south of South 2nd Street; and Williams
Avenue South, just north and just south of South 2nd Street. The closures may occur within the
period between January 25, 2021 and March 29, 2021, for the purpose of constructing the
intersection improvements.
SECTION II. Notice of the closure shall be posted and published as required by RMC 9‐
9‐2 and 9‐9‐3.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2021.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of ____________________, 2021.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
RES:1868:12/21/2020
AGENDA ITEM # 7. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING EXTENET
SYSTEMS, INC., A DELAWARE CORPORATION AUTHORIZED TO DO BUSINESS
WITHIN THE STATE OF WASHINGTON, ITS AFFILIATES, SUCCESSORS AND
ASSIGNS, THE RIGHT, PRIVILEGE, AND AUTHORITY TO INSTALL
COMMUNICATIONS FACILITIES, SPECIFICALLY FIBER OPTIC CABLE AND RELATED
APPURTENANCES, UNDER, ALONG, OVER, BELOW, THROUGH AND ACROSS THE
STREETS, AVENUES AND ALLEYS OF THE CITY OF RENTON WITHIN THE PUBLIC
RIGHT‐OF‐WAY OF RENTON.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I. Definitions
For the purposes of this Franchise and Attachment 1, which is fully incorporated by
reference, the following defined terms, phrases, words and their derivations shall have the
meaning provided below. When not inconsistent with the context in which the word is used,
words used in the present tense include the future, words in the plural include the singular, words
in lower case shall have their defined meaning even if the words are not capitalized, and words
in the singular include the plural. Undefined words shall be given their common and ordinary
meaning.
1.1 Administrator: Means the Administrator of Renton’s Public Works Department or
designee, or any successor office responsible for management of Renton’s public properties.
1.2 Construct or Construction: Means to construct, remove, replace, repair, and/or
restore any Facility, and may include, but are not limited to, digging and/or excavating to
construct, remove, replace, repair, and restore pipeline(s) and/or Facilities.
AGENDA ITEM # 7. b)
ORDINANCE NO. ________
2
1.3 Cost: Means any costs, fees, or expenses, including but not limited to attorneys’
fees.
1.4 Day: Means calendar day(s) unless otherwise specified.
1.5 Facility or Facilities: Means, collectively or individually, any and all
telecommunication transmission and distribution systems, including but not limited to, poles,
wires, lines, conduits, ducts, cables, braces, guys, anchors and vaults, switches, fixtures, and
communication systems; and any and all other equipment, appliances, attachments,
appurtenances and other items necessary, convenient, or in any way appertaining to any and all
of the foregoing, whether the same be located across, above, along, below, in, over, through, or
underground. Facilities do not include any noise‐creating equipment within the range of human
hearing.
1.6 Franchise: Means this ordinance and any related amendments, attachments,
exhibits, or appendices.
1.7 Franchise Area: Means all present and future Renton Rights‐of‐Way for public
roads, alleys, avenues, highways, streets, and throughways (including the area across, above,
along, below, in, over, through, or under such area), laid out, platted, dedicated, acquired or
improved, and; all city‐owned utility easements dedicated for the placement and location of
various utilities provided such easement would permit Franchisee to fully exercise the privilege
granted under this Franchise within the area covered by the easement, without interfering with
any governmental functions or other franchises or easements.
AGENDA ITEM # 7. b)
ORDINANCE NO. ________
3
1.8 Franchisee: Means ExteNet Systems, Inc., a Delaware corporation 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.
1.9 Hazardous Substance: Means any and all hazardous, toxic, or dangerous
substance, material, waste, pollutant, or contaminant, including all substances designated under
the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the Comprehensive
Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq.; the Hazardous
Materials Transportation Act, 49 U.S.C. § 5101 et seq.; the Clean Water Act, 33 U.S.C. § 1251 et
seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the Toxic Substances Control Act, 15 U.S.C. §
2601 et seq.; the Federal Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. § 136 et seq.; the
Washington Hazardous Waste Management Act, RCW Chapter 70A.300, and the Washington
Hazardous Waste Cleanup ‐ Model Toxics Control Act, RCW Chapter 70A.305, as they exist or may
be amended; or any other Laws. The term “Hazardous Substance” shall also be interpreted to
include any substance which, after release into the environment, will or may reasonably be
anticipated to cause death, disease, injury, illness, abnormalities, behavioral abnormalities,
stunted or abnormal growth or development, or genetic abnormalities.
1.10 Laws: Means any federal, state, or municipal code, statute, ordinance, decree,
executive order, governmental approval, permit, regulation, regulatory program, order, rule,
published specification, public standard, Environmental Law, or governmental authority, 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
AGENDA ITEM # 7. b)
ORDINANCE NO. ________
4
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.
1.11 Parties: Means the City of Renton and ExteNet Systems, Inc.
1.12 Public Properties: Means present and/or future property owned or leased by
Renton within Renton’s present and/or future control and/or jurisdictional boundaries.
1.13 Public Ways: Means any highway, street, alley, sidewalk, utility easement (unless
their use is otherwise restricted for other users), or other public Rights‐of‐Way for motor vehicles
or any other uses under Renton’s control and/or in its jurisdictional boundaries, consistent with
RCW 47.24.020 (Jurisdiction, control ‐ Exception) and 47.52.090 (Cooperative agreements —
Urban public transportation systems — Title to highway — Traffic regulations — Underground
utilities and overcrossings — Passenger transportation — Storm sewers — City street crossings).
1.14 Rights‐of‐Way: Means the surface and space across, above, along, below, in, over,
through or under any street, alley, avenue, highway, lane, roadway, sidewalk, thoroughfare,
court, easement and similar Public Property, Public Ways, and area within the Franchise Area.
1.15 Tariff: Has the meaning provided in WAC 480‐80‐030 (Definitions), or such similar
definition describing rate schedules, rules and regulations relating to charges and service as may
be adopted by the regulatory authority with jurisdiction, under the laws of the State of
Washington, over public service companies and/or competitive telecommunication service
companies, and such competitive companies must file tariffs in accordance with WAC Chapter
480‐80. (WAC 480‐120‐026 (Tariffs)).
AGENDA ITEM # 7. b)
ORDINANCE NO. ________
5
1.16 WUTC: Means the Washington Utilities and Transportation Commission or such
successor regulatory agency having jurisdiction over public service and/or telecommunication
service companies.
1.17 Work: Means to construct, excavate, install, maintain, remove and/or repair by,
for, or at Franchisee’s request.
SECTION II. Purpose
2.1 Authority: Under RCW 35A.47.040, Renton’s City Council may grant or not grant
a franchise.
2.2 Conditions: The purpose of this Franchise is to delineate the conditions relating to
Franchisee’s use of the Franchise Area and to create a foundation for the Parties to work
cooperatively in the public’s best interests after this ordinance becomes effective. This Franchise
is granted subject to Renton’s land use authority, public highway authority, police powers,
franchise authority, and any other case law, statutory or inherent authority, and is conditioned
upon the terms and conditions provided in this Franchise, and Franchisee’s compliance with all
Laws.
2.3 Risk and Liability: By accepting this Franchise, Franchisee assumes all risks or
liabilities related to the Franchise, with no risk or liability conferred upon Renton. This Franchise
is granted upon the express condition that Renton retains the absolute authority to grant other
or further franchises in any Rights‐of‐Way and any Franchise Area. This and other franchises
shall, in no way, prevent or prohibit Renton from using any of its Franchise Area, or affect its
jurisdiction over them or any part of them, and Renton retains absolute authority to make all
changes, relocations, repairs, maintenance, establishments, improvements, dedications or
AGENDA ITEM # 7. b)
ORDINANCE NO. ________
6
vacations of same as Renton may see fit, including the dedication, establishment, maintenance
and improvement of all new or existing Rights‐of‐Way, Public Property or Public Ways.
SECTION III. Privileges Conveyed
3.1 Franchise Granted: Pursuant to the Telecommunication Act of 1996 § 253(c), RMC
Chapter 5‐19 and the laws of the State of Washington including, but not limited to, RCW
47.24.020 (Jurisdiction, control ‐ Exception), RCW 47.52.090 (Cooperative agreements — Urban
public transportation systems — Title to highway — Traffic regulations — Underground utilities
and overcrossings — Passenger transportation — Storm sewers — City street crossings), RCW
35A.47.040 (Franchises and permits — Streets and public ways), RCW 35.22.280 (Specific powers
enumerated), RCW 35.99.020 (Permits for use of right‐of way), and RCW 80.36.040 (Use of road,
street, and railroad right‐of way – When consent of city necessary), and any related laws, Renton
grants to Franchisee, and its successors and assigns (subject to and as provided for in Section VI,
Assignment and Transfer of Franchise), under this Franchise’s terms and conditions, the privilege
to install, construct, operate, maintain and improve its Facilities, together with all necessary
equipment and appurtenances, for the provision of telecommunications, telecommunications
distribution services, private line, and internet access services, within the existing Franchise Area,
such lands being more particularly described in Attachment 1 which is attached and fully
incorporated by reference into the Franchise. Without a separate franchise agreement,
Franchisee shall not have the privilege to provide cable services in the City of Renton.
3.2 Limited Franchise: This Franchise conveys a limited privilege as to the Franchise
Area in which Renton has an actual interest. It is not a warranty of title or interest in the Franchise
Area. This privilege shall not limit Renton’s police powers, any statutory or inherent authority,
AGENDA ITEM # 7. b)
ORDINANCE NO. ________
7
jurisdiction over its property, Franchise Area, Rights‐of‐Way, or its zoning or land use authority.
The terms and conditions of this Franchise shall not be construed to apply to Facilities located
outside of the Franchise Area. This Franchise does not confer upon Franchisee any privilege to
install or use any Facilities outside the Franchise Area, including City‐owned or leased properties
or easements.
3.3 Principal Use Limitation: This Franchise shall not authorize a principal use of the
Franchise Area for purposes other than for telecommunications, telecommunications
distribution services, private line, and internet access services. The Franchisee may use its
Facilities’ excess capacity, however, Franchisee may not use, convey, lease or share excess space
within the Franchise Area.
3.4 Franchise is Non‐Exclusive: As detailed in Section VIII, below, Renton grants this
non‐exclusive Franchise to Franchisee to operate, maintain and improve its existing Facilities as
a telephone business and/or service provider (as those terms are used in RCW 35.21.860).
3.5 Acknowledgement: Franchisee acknowledges and warrants by its acceptance of
the granted privileges, that it has carefully read and fully comprehends the terms and conditions
of this Franchise. Franchisee accepts all 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
AGENDA ITEM # 7. b)
ORDINANCE NO. ________
8
invalidity or illegality, and the Parties will meet within thirty (30) days and endeavor jointly to
amend this Franchise to cure the invalidity or illegality.
3.6 Enforceable Contract: Franchisee specifically agrees to comply with the provisions
of any applicable Laws, as they exist or may be amended. The express terms and conditions of
the Franchise constitute a valid and enforceable contract between the Parties, subject to any
Laws.
3.7 Existing Facilities Outside Franchise Area: Existing Facilities installed or
maintained by Franchisee in accordance with prior franchise agreements on public grounds and
places within Renton (but which are not a part of the Franchise Area as defined by this Franchise)
may be maintained, repaired and operated by Franchisee at the location where such Facilities
exist as of the effective date of this Franchise for the term of this Franchise; provided, however,
that no such Facilities may be enlarged, improved or expanded without Renton’s prior review,
written consent, and approval pursuant to the provisions of any applicable Laws.
SECTION IV. Term
4.1 Length of Term: Each of the provisions of this Franchise shall become effective
upon Franchisee’s acceptance of the terms and conditions of this Franchise and the City Council’s
passage of this ordinance, and shall remain in effect for ten (10) years, unless it is terminated
pursuant to Section XVII, Termination, Violations, and Remedies. At any time not more than two
(2) years nor less than one hundred and eighty (180) days before the expiration of the Franchise
Term, Franchisee may make a written request and Renton may consider, at its sole discretion,
renewing this Franchise for an additional five (5) year renewal period, unless either party
AGENDA ITEM # 7. b)
ORDINANCE NO. ________
9
expresses its intention in writing to terminate this Franchise at the conclusion of the ten (10) year
term.
4.2 Extension upon Expiration: If the Parties fail to formally renew or terminate the
Franchise prior to the expiration of its term or any extension, the Franchise shall be extended on
a year‐to‐year basis until the Franchise is renewed, terminated or extended.
SECTION V. Recovery of Costs
5.1 Administrative Fee: Pursuant to RCW 35.21.860(1)(b), Renton may charge
Franchisee an administrative fee to recover all actual administrative expenses incurred by Renton
that are directly related to receiving and approving a permit, license and this Franchise, to inspect
plans and construction, or for the preparation of a detailed statement pursuant to SEPA (RCW
Chapter 43.21C). Where Renton incurs actual administrative expenses, including but not limited
to fees, expenses, and/ or costs for attorneys, consultants, staff and the City Attorney
Department, for review or inspection of activities undertaken through the authority granted in
this franchise, Franchisee shall pay such expenses directly to Renton. Renton shall provide
Franchisee with an itemized invoice identifying the administrative expenses incurred. Renton
employee time shall be calculated based on their rate of salary, including applicable overtime,
benefits and reasonable overhead, and all other costs will be billed based on an actual cost basis.
5.2 Utility Tax: Pursuant to RCW 35.21.870 (Electricity, telephone, natural gas, or
steam energy business — Tax limited to six percent — Exception) and RCW 35.21.860(1)(a),
Renton may impose a utility tax on Franchisee consistent with the utility tax imposed on other
similarly situated telephone businesses or service providers.
AGENDA ITEM # 7. b)
ORDINANCE NO. ________
10
5.3 Franchise Fee: Pursuant to RCW 35.21.860 (Electricity, telephone, or natural gas
business, service provider — Franchise fees prohibited — Exceptions), Renton may only impose
a franchise fee or any other Cost of whatever nature or description upon Franchisee as is
consistent with federal law.
5.4 Cost of Publication: Franchisee shall bear the entire Cost of publication of this
ordinance.
5.5 Permit Fee: Franchisee shall be subject to all permit fees associated with activities
undertaken through the authority granted in this Franchise or under Laws.
5.6 Emergency Fee: Franchisee shall promptly reimburse Renton for any and all Costs
incurred by Renton while responding to any emergency involving public safety.
5.7 Reimbursement period: Franchisee shall reimburse Renton within forty‐five (45)
days of Renton’s submittal of an itemized billing for reasonably incurred Costs, itemized by
project, for Franchisee’s proportionate share of all actual, identified expenses incurred by Renton
in planning, constructing, installing, repairing, altering, or maintaining any City facility due to the
presence in the Public Way of Franchisee’s Facilities.
SECTION VI. Assignment and Transfer of Franchise
6.1 Assignment: Franchisee may not assign, dispose of, lease, sell, transfer, or permit
to be forfeited this Franchise, either in whole or in part, without the written consent of the City
Council of Renton by passage of an ordinance or resolution. Such consent shall not be deemed
to waive any of Renton’s rights to subsequently enforce Franchise related non‐compliance issues
that existed at or before Renton’s consent. Any telecommunications assignee or transferee shall,
at least thirty (30) days prior to the date of any assignment or transfer, file written notice of the
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assignment or transfer with Renton, together with its written acceptance of all of the Franchise
terms and conditions. The Franchise terms and conditions shall be binding upon the Parties'
respective assigns and successors. Notwithstanding the foregoing, Franchisee may pledge the
Franchise for security purposes only with the City Council’s consent, and consent shall be
required for Franchisee to transfer the Franchise or Facilities to a creditor. The rights of any
transferee are subject at all times to the terms and conditions of this Franchise, and no transferee
will have any greater rights under this Franchise than the rights of Franchisee.
6.2 Acceptance: If Renton consents, within thirty (30) days of that consent, Franchisee
shall file with Renton a written instrument evidencing such sale, assignment or transfer of
ownership, with the assignee(s) or transferee(s) acceptance of the Franchise and all of its terms
and conditions.
SECTION VII. Compliance with Laws ‐ Reservation of Powers and Authority
7.1 Compliance: In every aspect related to this Franchise, including but not limited to
all Work, Franchisee shall comply with all applicable Laws, whether specifically mentioned in this
Franchise or not.
7.2 Incorporation of RMC 5‐19, Telecommunications Licenses and Franchises: The
conditions, provisions, requirements and terms and of RMC Chapter 5‐19 are fully incorporated
by reference into this Franchise, unless this Franchise requires something different.
7.3 Legitimate Municipal Interest: As to matters subject to the terms and conditions
of this Franchise, if Renton determines during the Franchise term that the assertion of a
legitimate municipal interest is prohibited by application of federal or state law, then as to such
matter and such municipal interest and consistent with its legal obligations, Franchisee shall
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cooperate with Renton in a good faith effort to address such municipal interest. In this context,
neither Party shall invoke this Franchise as a basis to assert that its consideration of a given issue
is excused by operation of the doctrines of estoppel or waiver.
7.4 Reference to Specific Law or Order: Upon a reasonably justified written inquiry by
Renton, Franchisee shall provide a specific reference to the federal, state, or local law or the
WUTC order or action establishing a basis for Franchisee’s actions related to a specific Franchise
issue.
SECTION VIII. Non‐exclusive Franchise
8.1 Non‐exclusive: As provided in subsection 3.4, this Franchise is non‐exclusive, and
as a result, Renton expressly reserves the right to grant other or further franchises or to use the
Franchise Area itself; provided that such uses do not unreasonably interfere with Franchisee’s
use and placement of its Facilities in any Rights‐of‐Way and/or any Franchise Area.
8.2 Renton’s Use of Franchise Area: This Franchise shall not prevent, prohibit, limit or
affect Renton’s use of the Franchise Area, consistent with this Franchise; or Renton’s jurisdiction
over the Franchise Area. The Parties agree that Renton reserves and retains all of its statutory,
inherent and other powers and franchise authority, as they exist or shall exist.
SECTION IX. Permits, Construction and Restoration
9.1 Free Passage of Traffic: Franchisee shall at all times maintain its Facilities within
the Franchise Area so as not to unreasonably interfere with the free passage of traffic,
pedestrians or the use and enjoyment of adjoining property. Franchisee shall at all times post
and maintain proper barricades and comply with all applicable Laws, safety regulations and
standards during such period of construction.
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9.2 Permit Application Required: Except in the event of an emergency, Franchisee
shall first obtain all required documentation and approvals, including permits from Renton to
perform Work on Franchisee’s Facilities within the Franchise Area. The permit application shall
contain detailed plans, maps and specifications showing the position, depth and location of all
such Facilities in relation to existing Franchise Area, collectively referred to as the “Plans.” The
Plans shall specify the class and type of material and equipment to be used, manner of
excavation, construction, installation, backfill, erection of temporary structures and facilities,
erection of permanent structures and facilities, traffic control, traffic turnouts and road
obstructions, and all other necessary information. Franchisee shall submit to Renton as‐built
plans and, when available, digital facility location data in a format compatible with Renton’s
geographic information system. Such Work shall only commence upon the issuance of required
permits, and payment of the associated fees, which permits shall not be unreasonably withheld
or delayed after submission of a complete application. Franchisee shall further inform Renton of
any time or date that Franchisee is performing Work within the Franchise Area to allow Renton
to inspect such work.
9.3 Boring Required: Work involving undergrounding of Franchisee’s facilities within
City streets shall be accomplished through boring rather than open trenching whenever
reasonably feasible. Franchisee will CCTV all Renton owned sewer and storm drain lines on the
boring route following completion of the boring work and prior to activating the facility being
constructed to verify that these Renton owned lines were not damaged by the boring
work. Upon request from Franchisee, Renton may allow for other methods to meet the
requirement as may be approved by Renton as part of permitting.
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9.4 Facility Placement: The Parties intend that the specific location of Facilities within
the Franchise Area (and similar facility‐related matters of a specific nature requiring detailed
case‐by‐case analysis) is to be determined in accordance with applicable Laws (including, without
limitation, rights of appeal).
9.5 Lateral Support: Whenever Work on Facilities have caused or contributes to a
condition that in the City of Renton’s sole determination would substantially impair or
substantially impairs the lateral support of the Franchise Area, Renton may direct Franchisee, at
Franchisee’s sole expense, to take such actions as are reasonably necessary within the Franchise
Area to repair and/or not impair the lateral support. If Franchisee fails or refuses to take prompt
action, or if an emergency situation requires immediate action, Renton may enter the Franchise
Area and take any action necessary to protect the public, any Public Way, Public Property, and
Rights‐of‐Way, and Franchisee shall be liable to Renton for all costs, fees, and expenses resulting
from that necessary action. This provision shall survive the expiration, revocation or termination
of this Franchise for a period of five (5) years.
9.6 Limits on Construction: No park, public square, golf course, street Rights‐of‐Way
or public place of like nature shall be bored, trenched, excavated or damaged by Franchisee if
there is a substantially equivalent alternative. The determination of there being a substantially
equivalent alternative shall be at the sole determination of Renton.
9.7 Bond Requirement: Before undertaking any of the Work authorized by this
Franchise, as a condition precedent to the Renton’s issuance of any permits, Franchisee shall,
upon the Renton’s request, furnish a bond executed by Franchisee and a corporate surety
authorized to operate a surety business in the State of Washington, in such sum as may be set
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and approved by Renton as sufficient to ensure performance of Franchisee’s obligations under
this Franchise. Franchisee shall post a performance bond in the amount of twenty‐five thousand
dollars ($25,000) that shall remain in effect for the term of this Franchise. The bond shall be
conditioned so that Franchisee shall observe all the covenants, terms, and conditions and shall
faithfully perform all of the obligations of this Franchise, and to repair or replace any defective
Work or materials discovered in the Franchise Area. The bond shall ensure the faithful
performance of Franchisee’s obligations under the Franchise, including, but not limited to,
Franchisee’s payment of any penalties, claims, liens, or fees due Renton that arise by reason of
the operation, construction, or maintenance of the Facilities within the Franchise Area.
Franchisee shall pay all premiums or other costs associated with maintaining the bond.
Additionally, if Renton determines that the performance bond is inadequate to ensure
Franchisee’s performance of a project, Franchisee shall post any additional bonds required to
guarantee performance by Franchisee in accordance with the conditions of any permits and/or
the requirements of this Franchise. In lieu of a separate bond for routine individual projects
involving work in the Franchise Area, Franchisee may satisfy Renton’s bond requirements by
posting a single on‐going performance bond in an amount approved by Renton.
9.8 Workmanship: All Work done by Franchisee or at Franchisee’s direction or on its
behalf, including all Work performed by contractors or subcontractors, shall be considered
Franchisee’s Work and shall be undertaken and completed in a workmanlike manner and in
accordance with the descriptions, plans and specifications Franchisee provided to Renton, and
be warranted for at least two (2) years. Franchisee’s activities (including work done at
Franchisee’s direction or on its behalf) shall not damage or interference with other franchises,
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licenses, utilities, drains or other structures, or the Franchise Area, and shall not unreasonably
interfere with public travel, park uses, other municipal uses, adjoining property, and shall not
endanger the safety of or injure persons and property. Franchisee’s Work shall comply with all
applicable Laws.
9.9 Material and Installation Methods: As a condition of receiving the privilege to
Work within the Franchise Area, Franchisee shall assume full responsibility for using materials
and installation methods that are in full compliance with City standards and shall verify this by
the submittal of documentation of materials and testing reports when requested by Renton. All
costs for performing on‐site testing, such as compaction tests, shall be borne by Franchisee.
9.10 Damage During Work: In case of any damage caused by Franchisee, or by
Franchisee’s Facilities to Franchise Area, Franchisee agrees to repair the damage to conditions
that meet or exceed requirements established by the Department of Transportation, at its own
cost and expense. Franchisee shall, upon discovery of any such damage, immediately notify
Renton. Renton will inspect the damage, and set a time limit for completion of the repair. If
Renton discovers damage caused by Franchisee to the Franchise Area, Renton will give
Franchisee notice of the damage and set a reasonable time limit in which Franchisee must repair
the damage. In the event Franchisee does not make the repair as required in this section, Renton
may repair the damage, to its satisfaction, at Franchisee’s sole expense.
9.11 Member of Locator Service: Franchisee shall continuously be a member of the
State of Washington one number locator service under RCW 19.122 (Underground Utilities) or
an approved equivalent, and shall comply with all applicable Laws.
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9.12 Restoration Requirements: Franchisee shall after Work on any of Franchisee’s
Facilities within the Franchise Area, restore the surface of the Franchise Area and any other
property within the Franchise Area which may have been disturbed or damaged by such Work.
All restoration of Rights‐of‐Way, sidewalks and other improvements or amenities shall conform
to RMC 9‐7 (Road, Bridge And Municipal Construction Standards), RMC 9‐10‐11 (Trench
Restoration And Street Overlay Requirements) and City of Renton Standard Details in effect at
that time, and must be warranted for at least two (2) years. Restoration shall include all
landscaping, irrigation systems and trees. Renton shall have final approval of the condition of
the Franchise Area after restoration pursuant to applicable Laws, as they exist or may be
amended or superseded, provided that such provisions are not in conflict or inconsistent with
the express terms and conditions of this Franchise.
9.13 Survey Monuments: All survey monuments which are disturbed or displaced by
Franchisee in its performance of any work under this Franchise shall be referenced and restored
by Franchisee, in accordance with WAC 332‐120 (Survey Monuments – Removal or Destruction),
and other applicable Laws.
9.14 Failure to Restore: If it is determined that Franchisee has failed to restore the
Franchise Area in accord with this section, Renton shall provide Franchisee with written notice
including a description of actions Renton believes necessary to restore the Franchise Area. If
Franchisee fails to restore the Franchise Area in accord with Renton’s notice within thirty (30)
days of that notice, Renton, or its authorized agent, may restore the Franchise Area at
Franchisee’s sole and complete expense. The privilege granted under this section shall be in
addition to others provided by this Franchise.
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9.15 Separate Permit Approval Needed For New Telecommunications Lines: The
limited privileges granted under this Franchise shall not convey any privilege to Franchisee to
install any new telecommunications lines or Facilities without Renton’s express prior written
consent, including for example, permits as provided for in this Section IX.
SECTION X. Coordination and Shared Excavations
10.1 Coordination: The Parties shall make reasonable efforts to coordinate any Work
that either Party may undertake within the Franchise Area to promote the orderly and
expeditious performance and completion of such Work, and to minimize any delay or hindrance
to any construction work undertaken by themselves or utilities within the Franchise Area. At a
minimum, such efforts shall include reasonable and diligent efforts to keep the other Party and
other utilities within the Franchise Areas informed of its intent to undertake Work. Franchisee
and Renton shall further each exercise its best efforts to minimize any delay or hindrance to any
construction work either may undertake within the Franchise Area. Any associated costs caused
by any construction delays to Renton or to any contractor working for Renton due to Franchisee’s
failure to submit and adhere to Franchisee’s plans and schedule in relocating or installing
Franchisee facilities shall be the sole responsibility of Franchisee. Franchisee shall, at Renton’s
request, also attend construction meetings pertaining to performance of Work within the
Franchise Area and shall designate a contact person to attend such meetings.
10.2 Joint Use Trenches: If Franchisee or Renton shall cause excavations to be made
within the Franchise Area, the Party causing such excavation to be made shall afford the other,
upon receipt of a written request to do so, an opportunity to use such excavation, provided that:
(a) such joint use shall not unreasonably delay the work of the Party causing the excavation to be
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made; and (b) such joint use shall be arranged and accomplished on terms and conditions
satisfactory to both Parties.
10.3 Joint Use Policies: Concerning the Franchise Area, during the Franchise Term,
Renton may adopt policies which encourage joint use of utility facilities within the Franchise Area.
Franchisee shall cooperate with Renton and explore opportunities for joint use of the Franchise
Area utility facilities that are consistent with applicable Laws and prudent utility practices.
SECTION XI. Hazardous Materials
11.1 Written Approval Required: In maintaining its Facilities (including, without
limitation, vegetation management activities), Franchisee shall not apply any Hazardous
Substance, pesticide, herbicide, or other hazardous material within the Franchise Area without
prior written approval of Renton. Renton will not unreasonably withhold approval, but such
application must be in conformance to the aquifer protection regulations of Renton. If
Franchisee shall first obtain Renton’s approval to apply a specific product in accordance with a
defined procedure on an ongoing basis throughout the Franchise Area, it shall not thereafter be
necessary for Franchisee to obtain Renton’s approval on each occasion such product is applied in
accordance with such procedure. Franchisee shall notify Renton of any accident by Franchisee
involving Franchisee’s use of Hazardous Substances within the Franchise Area.
11.2 Release of Hazardous Substance: Upon notice or discovery of a significant release
of any Hazardous Substance caused by Franchisee or expressly authorized by Franchisee to occur
upon the Franchise Area and Facilities covered by this Franchise, Franchisee shall notify Renton
within twenty‐four (24) hours of discovery. If the encountered or suspected Hazardous
Substances are not the result of the acts or omissions of Franchisee, Renton shall, at its own
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expense, determine if the material is hazardous, in accordance with applicable Laws. If the
material is found to be hazardous, Renton shall, at its own expense, if possible remove, dispose,
or otherwise handle such Hazardous Substances, as necessary, in accordance with applicable
Laws. If Hazardous Substances are removed, Renton also shall provide substitute nonhazardous
substance(s) to replace the removed substance for Franchisee to use in its operation, if
necessary. Upon approval by Renton to proceed, Franchisee shall proceed with the operations
at its own cost, with no recourse against Renton for the cost of schedule delays incurred due to
the delay in operation. If the encountered or suspected Hazardous Substances within the
Franchise Area are the result of Franchisee’s acts or omissions, Renton’s characterization of the
substances involved and any removal, disposal, or other handling costs incurred in connection
with the removal, disposal, or handling of the hazardous substances will be at Franchisee’s sole
expense. Franchisee shall be solely responsible for any expense or cost related to environmental
mitigation requirements imposed, by operation of applicable Laws or otherwise.
SECTION XII. Emergency Work ‐ Permit Waiver
12.1 Prompt Response Required: In the event of any emergency involving damaged
Franchisee Facilities located in or under the Franchise Area, or if Franchisee’s Facilities within the
Franchise Area pose an immediate danger to the property, life, health or safety of any individual,
Franchisee shall, upon receipt of notification from Renton of the existence of such condition,
immediately take those actions as are necessary to correct the dangerous condition.
12.2 Permit Deferred: If an emergency occurs that requires Franchisee’s immediate
action for the protection of Facilities, Renton’s property or any individual’s property, life, health
or safety, Franchisee may act immediately to correct the dangerous condition without first
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obtaining any required permit so long as: (1) Franchisee notifies the Renton Regional Fire
Authority through the dispatch system of the emergency; and (2) Franchisee informs Renton’s
permitting authority of the nature, location, and extent of the emergency, and the work to be
performed, prior to commencing the work if such notification is practical, or where such prior
notification is not practical, Franchisee shall notify Renton’s permitting authority on the next
business day; and (3) such permit is obtained by Franchisee as soon as practicable following
cessation of the emergency.
12.3 Public Service Obligations: Nothing in this section is intended, nor shall it be
construed, as a hindrance to Franchisee’s ability to take such actions as it deems necessary to
discharge its public service obligations in accordance with the laws of the State of Washington.
Nothing in this section is intended, nor shall it be construed, as preventing Renton from
recovering from Franchisee, if otherwise so entitled in accordance with applicable Laws, any
extraordinary costs in responding to an emergency situation involving Franchisee’s Facilities.
SECTION XIII. Records of Installation
13.1 Future Construction Plans: Upon Renton’s written request, Franchisee shall
provide to Renton copies of any plans prepared by Franchisee for potential improvements,
relocations and conversions to its Facilities within the Franchise Area; provided, however, any
such plans so submitted shall be for informational purposes only and shall not obligate Franchisee
to undertake any specific improvements within the Franchise Area, nor shall such plan be
construed as a proposal to undertake any specific improvements within the Franchise Area.
13.2 As‐Built Drawings: Upon Renton’s written request, and at no cost to Renton,
Franchisee shall provide to Renton copies of drawings, maps, and records in use by Franchisee
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showing the location of its Facilities at specific locations within the Franchise Area. As to any
such drawings so provided, Franchisee does not warrant the accuracy of the drawings as such
Facilities are shown in their approximate location.
13.3 Design Locates: Upon Renton’s written request, in connection with the design of
any public works project, Franchisee shall verify the location of its underground Facilities within
the Franchise Area.
13.4 Disclosure to Third‐Parties: Any drawings and/or information concerning the
location of Franchisee's Facilities provided by Franchisee shall be used by Renton solely for
management of the Franchise Area. Renton shall take all prudent steps reasonably necessary to
prevent unnecessary disclosure or dissemination of such drawings, maps, records and/or
information to any Third‐Party without the prior notice to Franchisee, unless the Third‐Party is
an authorized governmental entity of any tier or a public records requestor. Renton will provide
Franchisee with notice of any public records request for Franchisee paperwork as soon as
reasonably practicable.
13.5 Utility Locates: Notwithstanding the foregoing, nothing in this section is intended
(nor shall be construed) to relieve either Party of their respective obligations arising under
applicable Laws with respect to determining the location of utility facilities.
SECTION XIV. Undergrounding of Facilities
Undergrounding Required for New Facilities: Consistent with RMC 4‐6‐090.C
(Applicability), all new Facilities installed within the Franchise Area during the term of this
Franchise shall be located underground, consistent with the RMC, unless it is unfeasible in
Renton’s reasonable estimation for it to be done; provided that installation of wires, cables,
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conduits and similar equipment will be permitted and installed pursuant to the provisions of any
applicable Laws, and subject to and accordance with any applicable Tariffs on file with the WUTC.
In areas where all existing telecommunications and cable facilities are located above ground,
Franchisee may install its Facilities above ground. Any new Facilities to be located above ground
shall be placed on existing utility poles. No new utility poles shall be installed in connection with
placement of new above ground Facilities.
SECTION XV. Relocation of Franchisee Facilities
15.1 Relocation Required: Renton shall have prior and superior right to the use of the
Franchise Area for the construction, installation, maintenance and repair of its utilities,
improvements and infrastructure, and capital improvement projects, and should any conflict
arise with Renton facilities, Franchisee shall, at its own cost and expense, conform to Renton’s
utilities, improvements and infrastructure and capital improvement projects, provided that,
whenever Renton undertakes (or causes to be undertaken) any public works improvement within
the Franchise Area, and such public works improvement necessitates the relocation of
Franchisee’s then existing Facilities within the Franchise Area, Renton shall:
a. Provide Franchisee with reasonable prior notice of Renton’s intent to initiate a
public works improvement, and if applicable, written notice requesting such relocation;
and
b. Provide Franchisee with copies of pertinent portions of Renton’s plans and
specifications for such public works improvement.
15.2 Franchisee Relocation Plans: After receipt of such notice and such plans and
specifications, Franchisee shall submit the Franchisee plan drawings for the relocation of the
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Franchisee Facilities to Renton within a reasonable and agreed upon time in advance of the
preparation of Renton’s final plans and specifications for incorporation into Renton’s
construction plans. Franchisee shall complete the relocation work in a reasonable and agreed
upon time period to prevent delay to Renton’s project. Franchisee shall relocate such Facilities
within the Franchise Area at no charge to Renton, except that if Renton pays for or reimburses
the relocation costs of another telecommunications utility, under materially identical
circumstances, it shall pay for or reimburse a proportionate share of Franchisee’s relocation
costs. The relocation completion date will be included in Renton’s written request for said
relocation to Franchisee. Franchisee shall be solely responsible for any associated cost caused by
any construction delays to Renton’s project due to Franchisee’s failure to comply with
Franchisee’s plans and schedule in relocating or installing Franchisee’s Facilities.
15.3 Emergency Relocation of Facilities: In the event an emergency posing a threat to
public safety or welfare requires the relocation of Franchisee’s Facilities within the Franchise
Area, Renton shall give Franchisee notice of the emergency as soon as reasonably practicable.
Upon receipt of notice, Franchisee shall respond as soon as reasonably practicable to relocate
the affected Facilities, at Franchisee’s sole expense.
15.4 Third‐Party Construction: Whenever any person or entity, other than Renton,
requires the relocation of Franchisee’s Facilities to accommodate the work of such person or
entity within the Franchise Area; or, Renton requires any Third‐Party to undertake work (other
than work undertaken at Renton’s cost and expense) within the Franchise Area and such work
requires the relocation of Franchisee’s Facilities within the Franchise Area, Franchisee may
condition such relocation to require such person or entity to make payment to Franchisee, at a
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time and upon terms acceptable to Franchisee for any and all costs and expenses incurred by
Franchisee in the relocation of Franchisee’s Facilities.
15.5 Third‐Party Construction of City Identified Project: Any condition or requirement
imposed by Renton upon any Third‐Party (including, without limitation, any condition or
requirement imposed pursuant to any contract or in conjunction with approvals or permits
obtained pursuant to any zoning, land use, construction or other development regulation) which
requires the relocation of Franchisee’s Facilities within the Franchise Area, then Franchisee shall
relocate its Facilities; provided, however, in the event Renton reasonably determines and notifies
Franchisee that the primary purpose of imposing such condition or requirement upon such Third‐
Party is to cause or facilitate the construction of a public works project to be undertaken within
a segment of the Franchise Area on Renton’s behalf and consistent with Renton’s Capital
Investment Program or its Transportation Improvement Program; or the Transportation Facilities
Program, then only those costs and expenses incurred by Franchisee in reconnecting such
relocated Facilities with Franchisee’s other Facilities shall be paid to Franchisee by such Third‐
Party, and Franchisee shall otherwise relocate its Facilities within such segment of the Franchise
Area in accordance with subsection 15.1.
15.6 Alternatives: As to any relocation of Franchisee’s Facilities whereby the cost and
expense is to be borne by Franchisee, Franchisee may, after receipt of written notice requesting
such relocation, submit in writing to Renton alternatives to relocation of its Facilities. Upon
Renton’s receipt from Franchisee of such written alternatives, Renton shall evaluate such
alternatives and shall advise Franchisee in writing if one or more of such alternatives are suitable
to accommodate the work which would otherwise necessitate relocation of Franchisee’s
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Facilities. In evaluating such alternatives, Renton shall give each alternative proposed by
Franchisee fair consideration with due regard to all facts and circumstances which bear upon the
practicality of relocation and alternatives to relocation. If Renton determines that such
alternatives are not appropriate, Franchisee shall relocate its Facilities as provided in subsection
15.1.
15.7 Non‐Franchise Area: Nothing shall require Franchisee to bear any cost or expense
in connection with the location or relocation of any Facilities existing under benefit of easement
or other rights not arising under this Franchise.
15.8 Indemnity for Delay: Franchisee shall indemnify, hold harmless, and pay the costs
of defending Renton against any and all Third‐Party actions, claims, damages, liabilities, or suits
for delays on Renton’s construction projects arising from or caused by Franchisee’s failure to
remove or relocate it Facilities in a timely manner, though Franchisee shall not be liable for
damages due to delays that were out of Franchisee’s reasonable or expected control.
SECTION XVI. Abandonment and Discontinuance of Franchisee’s Facilities
16.1 Notification: Franchisee shall notify Renton of any abandonment or cessation of
use of any of its Facilities within sixty (60) days after such abandonment or cessation of use. Any
plan for abandonment or removal of Franchisee’s Facilities within the Franchise Area must be
first approved by the Administrator, and all necessary permits must be obtained prior to such
Work.
16.2 Removal: In the event of Franchisee’s abandonment or permanent cessation of
use of any portion of its Facilities, or any portion of the Franchised Area, Franchisee shall, within
one hundred and twenty (120) days after the abandonment or permanent cessation of use,
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remove the Facilities at Franchisee’s sole expense. However, with Renton’s express written
consent, Franchisee may, at Franchisee’s sole cost and expense, secure the Facilities in such a
manner as to cause it to be as safe as is reasonably possible, by removing all lines, conduits and
appurtenances, in compliance with all Laws, and abandon them in place, provided that any above
ground Facilities shall be removed at Franchisee’s sole expense.
16.3 Restoration: In the event of the removal of all or any portion of the Facilities, to
the extent reasonably possible, Franchisee shall restore the Franchise Area to it pre‐installation
or better condition. Such restoration work shall be done at Franchisee’s sole cost and expense
and to Renton’s reasonable satisfaction. If Franchisee fails to remove or secure the Facilities
and/or fails to restore the premises or take such other mutually agreed upon action, Renton may,
after reasonable notice to Franchisee, remove the Facilities, restore the premises or take such
other action as is reasonably necessary at Franchisee’s sole expense and Renton shall not be
liable for any damages, losses or injuries. This remedy shall not be deemed to be exclusive and
shall not prevent Renton from seeking a judicial order directing Franchisee to remove its
Facilities.
16.4 Administrative or Abandonment Fees: Renton’s consent to Franchisee’s
abandonment of Facilities in place shall not relieve Franchisee of the obligation and/or costs to
remove, alter or re‐secure such Facilities in the future in the event it is reasonably determined,
as adjudged in Renton’s sole discretion, that removal, alteration or re‐securing the Facilities is
necessary or advisable for the health, safety, necessity and/or convenience of the public, in which
case Franchisee shall perform such work its sole expense.
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16.5 Survival of Provisions: The Parties expressly agree that the provisions of this
section shall survive the termination, expiration, or revocation of this Franchise.
SECTION XVII. Termination, Violations, and Remedies
17.1 Termination: If the Franchise Term expires and if either Party states that it does
not wish to renew, extend and/or continue the Franchise, this Franchise shall be terminated as
of the expiration date.
17.2 Termination by Breach: If Franchisee materially breaches or otherwise fails to
perform, comply with any of the terms and conditions of this Franchise, or fails to maintain any
required license, permit or approval, and fails to cure such breach or failure within thirty (30)
days of Renton providing Franchisee with written notice specifying with reasonable particularity
the nature of any such alleged breach or failure, or, if not reasonably capable of being cured
within thirty (30) days, within such other reasonable period of time as the Parties may agree
upon, Renton may terminate this Franchise, without any penalty, liability, cost or damages.
17.3 City Council Termination: This Franchise shall not be terminated except upon a
majority vote of the City Council, after reasonable notice to Franchisee (which notice shall be
given at least thirty (30) days before the hearing) and an opportunity to be heard, provided that
if exigent circumstances necessitate immediate termination, the hearing may be held as soon as
possible after the termination.
17.4 Discontinue Operations: If the Franchise is terminated, Franchisee shall
immediately discontinue operation of Facilities through the Franchise Area. In such
circumstances, either Party may invoke the dispute resolution provisions in Section XVIII.
Alternatively, either Party may elect to seek relief directly in the United States District Court for
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the Western District of Washington, in Seattle, Washington, or in the King County Superior Court
for the State of Washington at the Maleng Regional Justice Center, Kent, Washington, in which
case the dispute resolution requirements shall not be applicable. Once Franchisee’s privilege has
terminated, Franchisee shall comply with Franchise provision regarding removal and/or
abandonment of Facilities.
17.5 Renton Retains Right for Action: Renton’s failure to exercise a particular remedy
at any time shall not waive Renton’s right to terminate, assess penalties, or assert any equitable
or legal remedy for any future breach or default by Franchisee.
17.6 Franchisee Liability and Obligation: Termination shall not release Franchisee from
any liability or obligation with respect to any matter occurring prior to such termination, and shall
not release Franchisee from any obligation to remove and secure its Facilities and to restore the
Franchise Area.
17.7 Injunctive Relief: The Parties acknowledge that the covenants set forth in this
Franchise are essential to this Franchise, and, but for the mutual agreements of the Parties to
comply with such covenants, the Parties would not have entered into this Franchise. The Parties
further acknowledge that they may not have an adequate remedy at law if the other Party
violates such covenant. Therefore, in addition to any other rights they may have, the Parties shall
have the right to obtain in any court of competent jurisdiction injunctive relief to restrain any
breach or threatened breach, or to specifically enforce any of the Franchise covenants should the
other Party fail to perform them.
17.8 Renton’s Remedies: In addition to the terms of this Franchise, or rights that
Renton possesses at law or equity, Renton reserves the right to apply any remedy, including but
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not limited to those detailed in Sections XVIII – XX below, alone or in combination, in the event
Franchisee violates any material provision of this Franchise. The remedies provided for in this
Franchise are cumulative and not exclusive; the exercise of one remedy shall not prevent the
exercise of another or any rights of Renton at law, in equity, or by statutes, unless specifically
waived in this Franchise or in a document signed by both parties.
SECTION XVIII. Dispute Resolution
18.1 Notice of Default: If there is any alleged default as to performance under this
Franchise, Renton shall notify Franchisee in writing, stating with reasonable specificity the nature
of the alleged default. Within ten (10) days of its receipt of such notice, Franchisee shall provide
a written response to Renton acknowledging receipt of notice and stating Franchisee’s response.
Franchisee has thirty (30) days (“cure period”) from the date of the notice’s mailing to:
a. Respond to Renton, contesting Renton’s assertion(s) as to the dispute or any
alleged default and requesting a meeting in accordance with subsection 18.2, or;
b. Cure the alleged default, or;
c. Notify Renton if Franchisee cannot cure the alleged default within thirty (30) days,
due to the nature of the default. Notwithstanding such notice, Franchisee shall promptly
take all reasonable steps to begin to cure the alleged default and notify Renton in writing
and in detail as to the actions that Franchisee will take and the projected completion date.
In such case, Renton may set a meeting in accordance with subsection 18.2.
18.2 Meeting: If any alleged default is not cured or if a subsection 18.1 meeting is
requested, Renton shall promptly schedule a meeting between the Parties to discuss the alleged
default. Renton shall notify Franchisee of the meeting in writing and the meeting shall take place
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not less than ten (10) days after Franchisee’s receipt of notice of the meeting. Each Party shall
appoint a representative who shall attend the meeting, represent their party’s interests, and who
shall exercise good faith to reach an agreement on any alleged default and/or any corrective
action to be taken. Any dispute (including any dispute concerning the existence of or any
corrective action to be taken to cure any alleged default) that is not resolved within ten (10) days
following the conclusion of the meeting shall be referred by the Parties’ representatives in writing
to the Parties’ senior management for resolution. If senior management is unable to resolve the
dispute within twenty (20) days of referral (or such other period as the Parties may agree upon),
each Party may pursue resolution of the dispute through Section XIX, Arbitration, of this
Franchise. All negotiations pursuant to these procedures for the resolution of disputes shall be
confidential and shall be treated as compromise and settlement negotiations for purposes of the
state and federal rules of evidence.
18.3 Additional Resolution Options: If, at the conclusion of the steps provided for in
subsections 18.1 and 18.2 above, Renton and Franchisee are unable to settle the dispute or agree
upon the existence of a default or the corrective action to be taken to cure any alleged default,
Renton or Franchisee (as Franchisee may have authority to do so) may:
a. Take any enforcement or corrective action provided for by Law, including the city
code; provided such action does not conflict with this Franchise’s provisions, and/or;
b. Demand arbitration, pursuant to Section XIX below, for disputes arising out of or
related to Sections III, Grant of Franchise (or such other sections with respect to the
existence of conflicts or inconsistencies with the express terms and conditions of this
Franchise and any applicable Laws); XIII, Records of Installation; XIV, Undergrounding of
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Facilities (except as preempted by WUTC authority); and XV, Relocation of Franchisee
Facilities (excluding project delay claims exceeding thirty thousand dollars ($30,000)) of
this Franchise (the “Arbitration Claims”), and/or;
c. By ordinance, declare an immediate forfeiture of this Franchise for a breach or
default of any material, non‐Arbitration Claims, obligations under this Franchise and/or;
d. Take any action to which it is entitled under this Franchise or any applicable Laws.
18.4 Continuation of Obligations: Unless otherwise agreed by Renton and Franchisee
in writing, Renton and Franchisee shall, continue to perform their respective obligations under
this Franchise during the pendency of any dispute.
SECTION XIX. Arbitration
19.1 Rules and Procedures: The Parties agree that any dispute, controversy, or claim
arising out of or relating to Arbitration Claims, shall be referred for resolution to the American
Arbitration Association in accordance with the rules and procedures in force at the time of the
submission of a request for arbitration.
19.2 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
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items; all directly related costs and expenses of any staff; all costs and direct expenses of any
labor (including, but not limited to, labor of any contractors and/or subcontractors); all pre‐
arbitration costs and expenses of consultants, attorneys, accountants, professional and other
services, as outlined in Section 19.5 below; and all taxes, insurance, interest expenses, directly
related overhead and general administrative costs and expenses, and other costs and expenses
of any kind incurred in connection with the dispute. The arbitrator may award equitable relief in
those circumstances where monetary damages would be inadequate.
19.4 Award: Any award by the arbitrators shall be accompanied by a written opinion
setting forth the findings of fact and conclusions of law relied upon in reaching the decision. The
award rendered by the arbitrators shall be final, binding and non‐appealable, and judgment upon
such award may be entered by any court of competent jurisdiction.
19.5 Each Party’s Costs: Except as provided in subsection 19.7 below, each Party shall
pay the fees of its own attorneys, expenses of witnesses, and all other expenses and costs in
connection with the presentation of such Party’s case including, without limitation, the cost of
any records, transcripts or other things used by the Parties for the arbitration, copies of any
documents used in evidence, certified copies of any court, property or city documents or records
that are placed into evidence by a Party.
19.6 Arbitration Costs: Except as provided in subsection 19.7 below, the remaining
costs of the arbitration, including without limitation, fees of the arbitrators, costs of records or
transcripts prepared for the arbitrator's use in the arbitration, costs of producing the arbitrator’s
decision and administrative fees shall be borne equally by the Parties.
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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 attorneys’
fees, for any subsequent arbitration brought by them in which they are found to be the prevailing
party.
19.8 Transcript Costs: In the event a Party makes a copy of an arbitration proceeding
transcript for its use in writing a post‐hearing brief, or an arbitration decision copy to append to
a lawsuit to reduce the award to judgment, etc., then that Party shall bear the cost, except to
the extent such cost might be allowed by a court as court costs.
SECTION XX. Alternative Remedies
No provision of this Franchise shall be deemed to bar the right of Renton or Franchisee to
seek or obtain judicial relief from a violation of any Franchise provision or any rule, regulation,
requirement or directive promulgated for non‐Arbitration Claims. Neither the existence of other
Franchise remedies nor the use of such remedies shall bar or limit the right of Renton or
Franchisee to recover monetary damages for violations by the other Party, or to seek and obtain
judicial enforcement of the other Party’s obligations by means of specific performance, injunctive
relief or mandate, or any other remedy at law or in equity.
SECTION XXI. Amendments to Franchise
This Franchise may only be amended by written instrument, signed by the Parties,
specifically stating that it is an amendment to this Franchise and is approved and executed in
accordance with State of Washington laws. Without limitation, and unless required by any Laws,
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this Franchise shall govern and supersede and shall not be altered, limited, supplemented or
otherwise amended by any permit, approval, license, agreement or other document required by
or obtained from Renton in conjunction with Franchisee’s exercise or failure to exercise any and
all benefits, privileges, obligations or duties in and under this Franchise, unless such permit,
approval, license, agreement or other document specifically:
a. References this Franchise; and
b. States that it supersedes this Franchise to the extent it contains terms and
conditions which alter, limit, supplement or otherwise amend the terms and conditions
of this Franchise. In the event of any conflict or inconsistency between the provisions of
this Franchise and the provisions of any such permit, approval, license, agreement or
other document, except as expressly required by Laws and/or superseded by such permit,
approval, license, agreement or other document, the Franchise provisions shall control.
SECTION XXII. Indemnification
22.1 Renton: In Sections XXII and XXIII, “Renton” means the City of Renton, and its
elected officials, agents, employees, officers, representatives, consultants (of any level), and
volunteers.
22.2 Indemnification by Franchisee: Franchisee shall indemnify, defend, and hold
harmless Renton, from and against any and every Third‐Party action, claim, cost, damage, death,
expense, harm, injury, liability, or loss of any kind, in law or in equity, to persons or property,
including reasonable attorneys’ and experts’ fees and/or costs incurred by Renton in its defense,
arising out of or related to, directly or indirectly, to Franchisee’s Work or abandonment of
Facilities, or from the existence of Franchisee’s Facilities, and the products contained in,
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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 proceeding is brought against
Renton by reason of Franchisee’s Facilities, Franchisee shall defend Renton at Franchisee’s sole
expense, provided that, for uninsured actions or proceedings, defense attorneys shall be
approved by Renton, which approval shall not be unreasonably withheld. The terms of this
section shall not require Franchisee to indemnify Renton against and hold harmless Renton from
claims, demands or suits based upon Renton’s negligent or willful conduct, and provided further
that if the claims or suits are caused by or result from the concurrent negligence of (a) the
Franchisee’s agents, officers, or employees and (b) Renton, this provision with respect to claims
or suits based upon such concurrent negligence shall be valid and enforceable only to the extent
of Franchisee’s negligence or the negligence of Franchisee’s agents or employees except as
limited in this Franchise.
22.3 Environmental Indemnification: Franchisee shall indemnify, defend, and save
Renton harmless from and against any and every Third‐Party action, claim, cost, damage, death,
expense, harm, injury, liability, or loss, either at law or in equity, to persons or property, including,
but not limited to, costs and reasonable attorneys’ and experts’ fees incurred by Renton, arising
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directly or indirectly from: (a) Franchisee’s breach of any environmental Laws or Laws applicable
to the Facilities, or (b) from any release of a hazardous substance on or from the Facilities, or (c)
other activity related to this Franchise by Franchisee. This indemnity includes, but is not limited
to, (a) liability for a governmental agency’s costs of removal or remedial action for Hazardous
Substances; (b) damages to natural resources caused by Hazardous Substances, including the
reasonable costs of assessing such damages; (c) liability for any other person’s costs of
responding to Hazardous Substances; (d) liability for any investigation, abatement, correction,
cleanup, costs, fines, penalties, or other damages arising under any Laws; and (e) 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.,…).
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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
officials, officers, officials, employees, and volunteers, and or the contractor, the party’s liability
shall be only to the extent of the party’s negligence.
22.6 Notice: In the event any matter for which Renton intends to assert its rights under
this section is presented to or filed with Renton, Renton shall promptly attempt to notify
Franchisee in accordance with Section XXV of this Franchise, and Franchisee shall have the
privilege, at its election and at its sole costs and expense, to settle and compromise such matter
as it pertains to Franchisee’s responsibility to indemnify, defend and hold harmless Renton. In
the event any suit or action is started against Renton based upon any such matter, Renton shall
likewise promptly attempt to notify Franchisee, and Franchisee shall have the privilege, at its
election and at its sole cost and expense, to settle and compromise such suit or action, or defend
the same at its sole cost and expense, by attorneys of its own election, as it pertains to
Franchisee’s responsibility to indemnify, defend and hold harmless Renton. Franchisee’s
indemnification obligations do not apply to the extent that Renton fails to provide attempt to
notice in accordance with Section XXV of this Franchise, and such failure materially prejudices
Franchisee or the defense of an action, claim, cost, damage, death, expense, harm, injury,
liability, or loss of any kind.
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22.7 Recovery of City Costs: In the event that Renton is required to defend a “suit or
action” and Franchisee refuses to defend and indemnify Renton, as referenced in subsection 22.2
and Renton is determined to be without fault for the claim or demand giving rise to such "suit or
action,” Franchisee shall reimburse Renton for a percentage of Renton’s total defense costs. The
percentage of Renton’s total defense costs to be reimbursed shall be a percentage equal to the
percentage (if any) of fault attributable to Franchisee for the claim or demand giving rise to such
“suit or action.”
22.8 Survival: The provisions of this section shall survive the expiration or termination
of this Franchise if the basis for any such claim, demand, suit or action as referenced in subsection
22.2 occurred during the Franchise term.
22.9 Negotiated: THE PARTIES HAVE SPECIFICALLY NEGOTIATED SECTION XXII,
INDEMNIFICATION.
SECTION XXIII. Insurance
23.1 Insurance Required: Franchisee shall procure and maintain for the duration of the
Franchise, insurance, or provide evidence of self‐insurance, against all claims for injuries to
persons or damages to property which may arise from or in connection with the exercise of the
privileges granted by Franchise to Franchisee. Franchisee shall provide to Renton an insurance
certificate, and/or a certificate of self‐insurance, together with an blanket additional insured
endorsement on the general and automotive liability policies, including Renton as an additional
insured as their interest may appear under this Franchise upon Franchisee’s acceptance of this
Franchise, and such insurance certificate shall evidence the following coverages:
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a. Commercial general liability insurance, including but not limited to, blanket
contractual, property damage, premises‐operations, explosion, collapse and hazard,
underground hazard (XCU) and products completed hazard, with limits of five million
dollars ($5,000,000) for each occurrence for bodily injury and property damage and five
million dollars ($5,000,000) general aggregate;
b. Commercial automobile liability for owned, non‐owned and hired vehicles with a
combined single limit of three million dollars ($3,000,000) each accident for bodily injury
and property damage;
c. Worker’s Compensation within statutory limits consistent with the Industrial
Insurance laws of the State of Washington; and
d. Pollution liability with a limit not less than one million dollars ($1,000,000) for each
occurrence, and two million dollars ($2,000,000) in the aggregate, for pollution condition
arising out of or resulting from the use and occupancy of the premises and the operations
conducted thereon.
23.2 Deductibles: All deductibles shall be the sole responsibility of Franchisee. The
insurance certificate required by this section shall contain a clause stating that coverage shall
apply separately to each insured against whom claim is made or suit is brought, except with
respect to the aggregate limits of the insurer’s liability.
23.3 Additional Insured: Renton, its officers, officials, employees, and volunteers shall
be included as an additional insured as their interest may appear under this Franchise on the
commercial general liability and commercial automobile liability insurance, as respects work
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performed by Franchisee and the blanket additional insured endorsement shall be included with
on the certificate of insurance or certification of self‐insurance.
23.4 Primary Insurance: Franchisee’s insurance shall be primary insurance with respect
to Renton. Any insurance maintained by Renton shall be in excess of Franchisee’s insurance and
shall not contribute with it. Franchisee shall give Renton thirty (30) days prior written notice by
certified mail, return‐receipt requested, of suspension, cancellation, or material change in
coverage.
23.5 Cancellation: Upon receipt of notice from its insurer(s) Franchisee shall provide
the City of Renton with thirty (30) days prior written notice of cancellation. In the event of
cancellation or a decision not to renew, Franchisee shall obtain and furnish to Renton evidence
of replacement insurance policies meeting the requirements of this section before the
cancellation date.
23.6 Certificates and Endorsements: Franchisee shall furnish Renton with certificates
of insurance evidencing the coverage or self‐insurance required by this section upon acceptance
of this Franchise. The certificates and blanket additional insured endorsement shall be signed by
a person authorized by the insurer to bind coverage on its behalf and must be received and
approved by Renton prior to the commencement of any Work.
23.7 Separate Coverage: Franchisee’s insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer’s liability.
23.8 Survival: The indemnity and insurance provisions under Sections XXII and XXIII
shall survive the termination of this Franchise and shall continue for as long as Franchisee’s
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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
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, Public Works Department
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430‐7311
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Company Address:
ExteNet Systems, Inc.
Attn: CFO
3030 Warrenville Road, Suite 340
Lisle, Illinois 60532
With Copies to:
General Counsel and COO
3030 Warrenville Road, Suite 340
Lisle, Illinois 60532
NOTICE@extenetsystems.com
25.2 If the date for making any payment or performing any act is a legal holiday,
payment may be made or the act performed on the next succeeding business day which is not a
legal holiday.
25.3 The Parties may change the address and representative by providing written
notice of such change by accepted e‐mail or certified mail. All notices shall be deemed complete
upon actual receipt or refusal to accept delivery. Facsimile or a .pdf e‐mailed transmission of any
signed original document and retransmission of any signed facsimile transmission shall be the
same as delivery of an original document.
SECTION XXVI. Miscellaneous
26.1 As Is: Franchisee agrees and accepts the Franchise Area in an “as is” condition.
Franchisee agrees that Renton has never made any representations, implied or express
warranties, or guarantees as to the suitability, security or safety of the location of Franchisee’s
Facilities or the Franchise Area, or possible hazards or dangers arising from other uses or users
of the Franchise Area, Rights‐of Way, Public Property, and Public Ways including any use by
Renton, the general public, or by other utilities. As to Renton and Franchisee, Franchisee shall
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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.
26.3 Attorneys’ Fees: Except as provided in Section XIX, if a suit or other action is
instituted in connection with any controversy arising out of this Franchise, the prevailing party
shall be entitled to recover all of its Costs, including such sum as the court may judge as
reasonable for attorneys' fees, costs, expenses and attorneys' fees upon appeal of any judgment
or ruling.
26.4 Conflicts: If there is a conflict between this and any previous Franchise between
the Parties, the terms of this Franchise shall supersede the terms of the previous Franchise.
26.5 Contractors (of any tier): Franchisee’s contractors may act on Franchisee’s behalf
to the extent that Franchisee permits its contractors to do so. Franchisee is responsible for
ensuring that Franchisee’s contractors have every obligation, duty and responsibility that
Franchisee has in discharging its duties related to this Franchise.
26.6 Eminent Domain: This Franchise shall not preclude a governmental body from
acquiring the Franchise Area by lawful condemnation, or Renton from acquiring any portion of
the Facilities by lawful condemnation. In determining the Facilities’ value, no value shall be
attributed to the right to occupy the Franchise Area.
26.7 Force Majeure: In the event that Franchisee is prevented or delayed in the
performance of any of its obligations under this Franchise by reason(s) beyond the reasonable
control of Franchisee, then Franchisee’s performance shall be excused during the Force Majeure
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occurrence. Upon removal or termination of the Force Majeure occurrence Franchisee shall
promptly perform the affected obligations in an orderly and expedited manner under this
Franchise or procure a substitute for such obligation or performance that is satisfactory to
Renton. Franchisee shall not be excused by mere economic hardship or by misfeasance or
malfeasance of its directors, officers or employees. Events beyond Franchisee’s reasonable
control include, but are not limited to, Acts of God, war, acts of domestic terrorism or violence,
civil commotion, labor disputes, strikes, earthquakes, fire, flood or other casualty, shortages of
labor or materials, government regulations or restrictions and extreme weather conditions.
Franchisee shall use all commercially reasonable efforts to eliminate or minimize any delay
caused by a Force Majeure event.
26.8 Forfeiture and Other Remedies: If Franchisee willfully violates or fails to comply
with any of the Franchise provisions, or through willful or unreasonable negligence fails to heed
or comply with any notice that Renton may give to Franchisee under the Franchise provisions, at
the election of the Renton City Council, this Franchise may be revoked or annulled after a hearing
held upon reasonable notice to Franchisee (which notice shall be given at least thirty (30) days
before the hearing), and upon such revocation, all privileges conferred under this Franchise shall
be forfeited.
26.9 Franchisee’s Acceptance: Renton may void this Franchise ordinance if Franchisee
fails to file its unconditional acceptance of this Franchise within thirty (30) days from the final
passage of same by the Renton City Council. Franchisee shall file this acceptance with the City
Clerk of the City of Renton.
AGENDA ITEM # 7. b)
ORDINANCE NO. ________
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26.10 Governing Law: This Franchise shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington.
26.11 Jurisdiction and Venue: Any lawsuit or legal action brought by any party to enforce
or interpret this Franchise or any of its terms or shall be in the United States District Court for the
Western District of Washington, in Seattle, Washington, or in the King County Superior Court for
the State of Washington at the Maleng Regional Justice Center, Kent, Washington.
26.12 No Duty by Renton: This Franchise neither creates any duty by Renton nor any of
its elected officials, agents, employees or representatives, and no liability arises from any action
or inaction by Renton or any of its elected officials, agents, employees or representatives in the
exercise of their powers or authority. Renton is not required to inspect or guarantee Franchisee’s
Work. This Franchise is not intended to acknowledge, create, imply or expand any duty or liability
of Renton with respect to any function in the exercise of its police power or for any other purpose.
Any duty that may be deemed to be created in Renton by this Franchise shall be deemed a duty
to the general public and not to any specific party, group or entity.
26.13 Notice of Tariff Changes: Franchisee shall, when making application for any
changes in Tariffs affecting the provisions of the Franchise, notify Renton in writing of the
application and provide Renton with a copy of the submitted application within five (5) calendar
days of filing with the WUTC. Franchisee shall further provide Renton with a copy of any actual
approved Tariff(s) affecting the provision of this Franchise.
26.14 Other Obligations: This Franchise shall not alter, change or limit Franchisee’s
obligations under any other agreement or its obligations as it relates to any other property or
endeavor.
AGENDA ITEM # 7. b)
ORDINANCE NO. ________
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26.15 Renton’s Police Powers: Nothing in this Franchise shall diminish, or eliminate, or
be deemed to diminish or eliminate that governmental or police powers of Renton, including the
right to create new Laws or modify existing Laws.
26.16 Public Document/Public Disclosure: This Franchise will be considered a public
document and will be available for reasonable inspection and copying by the public during regular
business hours. This document may be disclosed pursuant to RCW 42.56 (Public Records Act).
26.17 Section Headings: The Section headings in this Franchise are for convenience only,
and do not purport to and shall not be deemed to define, limit, or extend the scope or intent of
the section to which they pertain.
26.18 Severability: In the event that a court or agency of competent jurisdiction declares
a material provision of this Franchise to be invalid, illegal or unenforceable, the Parties shall
negotiate in good faith and agree, to the maximum extent practicable in light of such
determination, to such amendments or modifications as are appropriate so as to give effect to
the intentions of the Parties. If severance from this Franchise of the particular provision(s)
determined to be invalid, illegal or unenforceable will fundamentally impair the value of this
Franchise, either Party may apply to the United States District Court for the Western District of
Washington, in Seattle, Washington, or in the King County Superior Court for the State of
Washington at the Maleng Regional Justice Center, Kent, Washington 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.
AGENDA ITEM # 7. b)
ORDINANCE NO. ________
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26.19 Survival: With respect only to matters arising during the period of time this
Franchise shall be in full force and effect, the Parties intend that any term or condition applicable
to such matters shall survive the expiration or termination of this Franchise to the extent such
survival can be reasonably inferred under the circumstances presented and to the extent such an
inference is necessary to prevent substantial injustice to an injured party.
26.20 Third‐Parties: The Parties do not create any obligation or liability, or promise any
performance to, any Third‐Party, nor have the Parties created any Third‐Party right to enforce
this Franchise beyond what is provided for by Laws. “Third‐Parties” are any party other than
Renton and Franchisee. This Franchise shall not release or discharge any obligation or liability of
any Third‐Party to either Party.
26.21 Time of the Essence: Whenever this Franchise sets forth a time for any act to be
performed, such time shall be deemed to be of the essence, and any failure to perform within
the allotted time may be considered a material violation of this Franchise.
SECTION XXVII. Effective Date
This ordinance shall be in full force and effect five (5) days after publication of a summary
of this ordinance in the City’s official newspaper, and provided it has been duly accepted by
Franchisee. The summary shall consist of this ordinance’s title.
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2021.
Jason A. Seth, City Clerk
AGENDA ITEM # 7. b)
ORDINANCE NO. ________
49
APPROVED BY THE MAYOR this _______ day of _____________________, 2021.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2154:1/5/21
AGENDA ITEM # 7. b)
ORDINANCE NO. ________
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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: _________________, 2021.
ExteNet Systems, Inc.
____________________________________
(Please add name)
____________________________________
(Please add title)
AGENDA ITEM # 7. b)
ORDINANCE NO. ________
51
Attachment 1
AGENDA ITEM # 7. b)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ANNEXING CERTAIN
TERRITORY TO THE CITY OF RENTON (GRAVES ANNEXATION; FILE NO. A‐19‐001)
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, under the provisions of RCW 35A.14.120, as amended, a written annexation
petition was presented and filed with the City Clerk on or about November 19, 2019; and
WHEREAS, the area to be annexed, known as the Graves Annexation, is approximately
21.5 acres and is located at the eastern portion of City limits. It is bordered by SE 128th Street to
the north, 162nd Avenue SE to the east, SE 130th Street and parcel lines to the south, and 158th
Avenue SE to the west. The boundary to the west is coterminous with existing City limits. The
area to be annexed is legally described and depicted in Exhibit A, attached hereto and made a
part hereof as if fully set forth (the "Property" or "area to be annexed"); and
WHEREAS, prior to the filing and circulation of the petition for annexation to the City of
Renton, pursuant to RCW 35A.14.120, the petitioning parties, comprised of property owners of
not less than ten percent (10%) in value, according to the assessed valuation for general taxation
of the area to be annexed, notified the City Council of their intention to commence the direct
petition for annexation proceedings; and
WHEREAS, after a public hearing, it was determined that the petitioning owners agreed
to accept that portion of the City's Comprehensive Plan as it pertains to the area to be annexed
including the applicable zoning regulation relating thereto; and
WHEREAS, the King County Department of Assessments examined and verified the
signatures on the petition for annexation on or about May 26, 2020, and determined that the
AGENDA ITEM # 7. c)
ORDINANCE NO. ________
2
signatures represent at least sixty percent (60%) of the assessed value (excluding streets) of the
area to be annexed, as required by RCW 35A.14.120; and
WHEREAS, the Department of Community and Economic Development of the City of
Renton considered and recommended that the City of Renton annex the Property; and
WHEREAS, consistent with RCW 35A.14.130, the City Council set July 6, 2020, in the City
Council Chambers, City Hall, as the time and place for a public hearing on the petition with notice
as required by law; and
WHEREAS, pursuant to notice, the public hearing was held at the time and place specified,
and the City Council considered all matters in connection with the petition and determined that
all legal requirements and procedures applicable to the RCW 35A.14.120 petition method for
annexation have been met; and
WHEREAS, a "Notice of Intention," including all required information for review of the
annexation, was transmitted to the King County Boundary Review Board and approved as of
December 7, 2020;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. All requirements of the law in regard to the annexation by the direct
petition method, including the provisions of RCW 35A.14.120, 130, 140, and 150 have been met.
It is further determined that the petition for annexation to the City of Renton of the Property is
hereby approved and granted; the Property being contiguous to the city limits of the City of
Renton is hereby annexed to the City of Renton, and such annexation to be effective on and after
the approval, passage, and thirty (30) days after publication of this ordinance; and on and after
AGENDA ITEM # 7. c)
ORDINANCE NO. ________
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said date the Property shall constitute a part of the City of Renton and shall be subject to all its
laws and ordinances then and thereafter in force and effect; and the owners of the properties
within the area to be annexed shall be subject to the City's Comprehensive Plan and Zoning Code.
SECTION II. This ordinance shall be effective upon its passage, approval, and thirty (30)
days after publication of a summary of this ordinance in the City’s official newspaper. The
summary shall consist of this ordinance’s title.
A certified copy of this ordinance shall be filed with the King County Council, State of
Washington, and as otherwise provided by law.
PASSED BY THE CITY COUNCIL this _______ day of _____________________, 2021.
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2021.
Armondo Pavone, Mayor
Approved as to form:
Shane Moloney, City Attorney
Date of Publication:
ORD:2153:12/23/2020
AGENDA ITEM # 7. c)
ORDINANCE NO. ________
4
EXHIBIT A
LEGAL DESCRIPTION AND DEPICTION OF THE PROPERTY
AGENDA ITEM # 7. c)
ORDINANCE NO. ________
5
AGENDA ITEM # 7. c)
ORDINANCE NO. ________
6 AGENDA ITEM # 7. c)