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AGENDA
Utilities Committee Regular Meeting
3:00 PM - Monday, August 31, 2020
Video-conference
1. ExteNet Systems Franchise Agreement
a) AB - 2688 Community & Economic Development Department recommends adopting an
ordinance authorizing a franchise agreement with ExteNet System, Inc. as a purveyor of
telecommunication network for small cell technology within City right-of-ways.
2. Kennydale Lakeline Sewer Project Agreement
a) AB - 2677 Utility Systems Division recommends approval of an engineering services
agreement, with Carollo Engineers, in the amount $1,188,560 for engineering services for
the Kennydale Lakeline Sewer System Improvement project.
b) Presentation
AB - 2688
City Council Regular Meeting - 10 Aug 2020
SUBJECT/TITLE: ExteNet Systems, Inc. Franchise Agreement
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Community & Economic Development Department
STAFF CONTACT: Nathan Janders, Civil Engineer III
EXT.: 7382
FISCAL IMPACT SUMMARY:
N/A
SUMMARY OF ACTION:
ExteNet Systems, Inc. has requested a franchise agreement with the City of Renton in order to provide a
telecommunication network for small cell technology services. The franchise being sought with the City of
Renton would allow for the installation of communication facilities, specifically fiber optic cable and related
appurtenances, in, across, over, along, under, through and below certain designated public rights-of-way
within the City. The use of the City rights-of-way for this private telecommunications system requires a
franchise agreement with the City and is subject to appropriate fees for the reduced value of the affected
rights-of way.
The franchise agreement permits ExteNet Systems, Inc. to construct, operate, maintain, replace, relocate,
repair, upgrade, remove, excavate, acquire, and use the Small Cell Facilities for its small cell network within
and through public rights-of way within the City of Renton.
EXHIBITS:
A. Issue Paper
B. Ordinance
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to enter into a franchise agreement with ExteNet System, Inc. as a
purveyor of a telecommunications network for small cell technology within the City of Renton.
AGENDA ITEM #1. a)
DEPARTMENT OF COMMUNITY
& ECONOMIC DEVELOPMENT
M E M O R A N D U M
DATE:July 30, 2020
TO:Ruth Perez, Council President
Members of Renton City Council
VIA:Armondo Pavone, Mayor
FROM:Jennifer Henning, Acting CED Administrator, x7286
STAFF CONTACT:Nathan Janders, Civil Engineer II
SUBJECT:ExteNet System, Inc. Franchise Agreement
ISSUE:
Should Council authorize the Mayor and City Clerk to enter into a franchise agreement
with ExteNet Systems, Inc.?
RECOMMENDATION:
Staff recommends that Council authorize the Mayor and City Clerk to enter into a
franchise agreement with ExteNet System, Inc. as a purveyor of a telecommunications
network for small cell technology within the City of Renton.
BACKGROUND SUMMARY:
ExteNet Systems, Inc. has requested a franchise agreement with the City of Renton in
order to provide a telecommunication network for small cell technology services. The
franchise being sought with the City of Renton would allow for the installation of
communication facilities, specifically fiber optic cable and related appurtenances, in,
across, over, along, under, through and below certain designated public rights-of-way
within the City. The use of the City rights-of-way for this private telecommunications
system requires a franchise agreement with the City and is subject to appropriate fees
for the reduced value of the affected rights-of way.
The franchise agreement permits ExteNet Systems, Inc. to construct, operate, maintain,
replace, relocate, repair, upgrade, remove, excavate, acquire, and use the Small Cell
Facilities for its small cell network within and through public rights-of way within the
City of Renton.
The length of term agreed to by the City and New Cingular Wireless, PCS, LLC for the
proposed franchise agreement would be effective for a period of five (5) years. A
possible 5-year renewal may allowed for, via the franchise, at the City’s discretion.
AGENDA ITEM #1. a)
Ruth Perez, Council President
Page 2 of 4
July 30, 2020
The agreement groups similar items together Sections 1-3 cover the basic franchise
approval. Sections 4-13 cover general work activities. Sections 14-15 cover cost
recovery and permitting. Sections 16-38 cover basic legal concerns. Section 39 provides
for final franchise adoption.
OUTLINE FOR ExteNet Systems, Inc. FRANCHISE AGREEMENT
1. Franchise Granted: Provides for the grant of the franchise, specifies the five (5) year
term of the franchise, and provides for the franchisee to request an additional
period of five (5) years.
2. Authority Limited to Occupation of Rights-of-Way for Services; Definition of
Facilities: Explains rights of the franchisee to occupy the right-of-way.
3. Non-Exclusive Franchise Grant: Grants basic franchise rights to ExteNet Systems,
Inc. for a limited, non-exclusive franchise.
4. Location of Telecommunications Network Facilities: Defines where facilities may be
located.
5. Relocation of Telecommunications Network Facilities: Describes situations and
process where the City may require relocation of franchisee’s facilities.
6. Undergrounding of Facilities: Requires undergrounding consistent with Renton
Municipal Code.
7. Maps and Records: Obligates the franchisee to provide accurate plans, maps, and
as-built drawings as requested by the City.
8. Work in the Rights-of-Way: Describes the manner of work and limitations in the
rights-of-way.
9. One Call Locator Service: Requires the franchisee to contact the Utility Notification
Center before commencing work.
10. Safety Requirements: Requires the franchisee to follow industry-standard safety
methods in order to protect the public.
11. Work of Contractors and Subcontractors: Regulates contractors and subcontractors
the same as the franchisee.
12. Restoration after Construction: Requires prompt removal of obstacles in the rights-
of-way, and restoration of disturbed or damaged areas in the rights-of-way.
13. Emergency Work/Dangerous Conditions: Requires immediate and proper
emergency control measures to protect the public in the event the franchisee’s
facilities fall, become damaged, or break.
14. Recovery of Costs, Taxes and Fees: Requires that the franchisee pay for actual
administrative expenses incurred by the City that are directly related to receiving
and approving this Franchise.
15. Permitting and Aesthetics: Confirms that the City retains authority over all small cell
facilities; requires small cell permits; specifies that the City retains approval
authority; specifies design details, including an order of preference for design;
requires concealment techniques, compliance with light and noise requirements;
AGENDA ITEM #1. a)
Ruth Perez, Council President
Page 3 of 4
July 30, 2020
requires the franchisee to maintain an inventory of facilities; and, requires the
abatement of graffiti.
16. Insurance: Specifies that franchisee must maintain certain levels of insurance.
17. Abandonment of Franchisee’s Telecommunications Facilities: Requires notice to the
City when use ceases or facilities are abandoned.
18. Bonds: Requires that franchisee furnish performance bonds, maintenance bonds,
and franchise bonds.
19. Modification: Provides the rights for the City and franchisee to alter, amend, or
modify the franchise.
20. Revocation: Specifies that the City has the right to revoke the franchise.
21. Remedies to Enforce Compliance: Establishes process for recovering damages and
costs incurred by the City as a result of the franchisee’s failure to comply.
22. Non-Waiver: Specifies process for written amendment to franchise.
23. City Ordinances and Regulations: Clarifies that the City has the authority to adopt
and enforce ordinances that regulate the performance of the conditions of the
franchise.
24. Cost of Publication: Requires the Franchisee pay the cost of the publication of the
Franchise, if applicable.
25. Acceptance: Requires that the franchisee to execute and return the acceptance of
the franchise to the City, along with all applicable fees and bonds.
26. Survival: Specifies that provisions/conditions/requirements of certain sections shall
be in addition to all other obligations.
27. Assignment: States that the franchise may not be transferred or assigned without
approval in writing by the City.
28. Extension: Addresses expiration of the franchise without renewal.
29. Entire Agreement: Explains that the franchise is the entire agreement, and is
binding upon the parties.
30. Eminent Domain: Clarifies that the franchise shall not preclude the City from
acquiring by condemnation franchisee’s facilities for fair market value.
31. Vacation: Discusses vacation of areas affected by the franchise.
32. Notice: Provides contact addresses for both parties to the franchise.
33. Severability: Clarifies that if one portion of the franchise is invalid or
unconstitutional, the other portions remain.
34. Compliance with All Applicable Laws: States that franchisee will comply with
applicable laws, ordinances, rules and regulations.
35. Attorney’s Fees: Specifies that the prevailing party in a suit is entitled to recover all
costs and expenses.
36. Hazardous Substances: Requires that the franchisee not introduce or use any
hazardous substances (chemical or waste).
37. Licenses, Fees and Taxes: Requires a business or utility license from the City.
38. Miscellaneous: Provides that the franchisee will hold harmless the City of Renton.
39. Ordinance Effective Date: Ordinance goes into effect five (5) days after passage and
publication of an approved summary.
AGENDA ITEM #1. a)
Ruth Perez, Council President
Page 4 of 4
July 30, 2020
ExteNet Systems, Inc. must file its written acceptance of this franchise with the City
Clerk within 60 days after approval by the mayor in order to claim any right or benefit
under this franchise agreement.
cc: Martin Pastucha, Public Works Administrator
Vanessa Dolbee, Acting Planning Director
Ron Straka, Utility Systems Director
Brianne Bannwarth, Development Engineering Manager
Nathan Janders, Civil Engineer II
Holly Powers, Development Services Representative
AGENDA ITEM #1. a)
1
CITY OF RENTON, WASHINGTON
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING TO
EXTENET SYSTEMS, INC., AND ITS AFFILIATES, SUCCESSORS AND ASSIGNS, THE
RIGHT, PRIVILEGE, AUTHORITY AND NONEXCLUSIVE FRANCHISE FOR FIVE (5)
YEARS, TO CONSTRUCT, MAINTAIN, OPERATE, REPLACE AND REPAIR A
TELECOMMUNICATIONS NETWORK FOR SMALL CELL TECHNOLOGY, IN, ACROSS,
OVER, ALONG, UNDER, THROUGH AND BELOW CERTAIN DESIGNATED PUBLIC
RIGHTS‐OF‐WAY OF THE CITY OF RENTON, WASHINGTON.
WHEREAS, ExteNet Systems, Inc., (the “Franchisee”) has requested that the City Council
grant a nonexclusive franchise (this “Franchise”); and
WHEREAS, the City Council has the authority to grant franchises for the use of its streets
and other public properties pursuant to RCW 35A.47.040, as allowed by this Franchise;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION I. Franchise Granted.
Section I.1 Pursuant to RCW 35A.47.040, the City of Renton, a Washington municipal
corporation (hereinafter the “City”), hereby grants to the Franchisee, its affiliates, heirs,
successors, legal representatives and assigns, subject to the terms and conditions hereinafter set
forth, a Franchise for a period of five (5) years, beginning on the effective date of this ordinance,
set forth in Section XXXIX herein. At any time not less than sixty (60) days before the expiration of
the current Franchise term, Franchisee may make a written request for an additional Franchise term
of five (5) years. City shall grant such request to Franchisee, in accordance with then‐applicable
laws, unless Franchisee is or has been in default of the terms of this Franchise beyond applicable
notice and cure periods.
AGENDA ITEM #1. a)
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Section I.2 This Franchise ordinance grants Franchisee the right, privilege, and authority
to construct, operate, maintain, replace, relocate, repair, upgrade, remove, excavate, acquire,
and use the Small Cell Facilities, as defined in Section II.2, for its telecommunications network,
in, under, on, across, over, through, along or below the public Rights‐of‐Way located in the City
of Renton, as approved pursuant to the Renton Comprehensive Plan, the City’s design and
construction standards, and the Renton Municipal Code (collectively, the “City’s Codes”), and
permits issued pursuant to this Franchise. Public “Rights‐of‐Way” means the surface of, and the
space above and below, any public street, highway, freeway, bridge, alley, court, boulevard,
sidewalk, lane, public way, drive, circle, pathways, spaces, utility easements (unless there are
relevant use, structure or other restrictions) or other public right‐of‐way which, under City
ordinances or applicable laws, the City has authority to grant franchises, licenses, or leases for
use thereof, or has regulatory authority there over and only to the extent such Rights‐of‐Way are
opened and improved. Rights‐of‐Way for the purpose of this Franchise do not include: (a) any
other City property, such as the Renton Municipal Airport, City utility corridors, and City parks
even if there are access ways over such property; (b) state highways; (c) land dedicated for roads,
streets, and highways not opened and not improved for motor vehicle use by the public; (d)
federally granted trust lands or forest board trust lands; (d) lands owned or managed by the state
parks and recreation commission; or (e) federally granted railroad rights‐of‐way acquired under
43 U.S.C. Section 912 and related provisions of federal law that are not open for motor vehicle
use.
Section I.3 Franchisee intends to initially deploy Facilities in the locations indicated and
using the designs described on attached Exhibit A (the “Initial Deployment Plan”); however, that
AGENDA ITEM #1. a)
ORDINANCE NO. ________
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the Initial Deployment Plan attached hereto is for informational purposes only and in no way
limits or restricts Franchisee’s ability to deploy additional Facilities in additional locations within
the City under this Franchise, nor shall an amendment to this Franchise be required to allow such
additional Facilities and locations. Inclusion of the Initial Deployment Plan in this Franchise is
not a substitute for any City required approvals to construct Franchisee’s Facilities in the Rights‐
of‐Way (“City Approvals”).
Section I.4 If a direct conflict exists or arises such that the Franchisee or the City or both
cannot comply with both the terms of this Franchise and the City’s Codes, the terms of this
Franchise shall prevail. This provision shall be narrowly construed.
SECTION II. Authority Limited to Occupation of Rights‐of‐Way for Services; Definition
of Facilities.
Section II.1 The authority granted herein is a limited authorization to occupy and use the
Rights‐of‐Way throughout the City (the “Franchise Area”). The Franchisee is authorized to place
its Facilities in the Rights‐of‐Way only consistent with this Franchise and the City’s Codes.
Nothing contained herein shall be construed to grant or convey any right, title, or interest in the
Rights‐of‐Way of the City to the Franchisee other than for the purpose of providing
telecommunications services. Franchisee hereby warrants that it expects to provide the
following services within the City: small cell network consisting of a collection of interrelated
Small Cell Facilities designed to deliver personal wireless services (the “Services”).
Section II.2 As used herein, “Small Cell Facilities” or “Facilities” means a personal wireless
services facility that meets both of the following qualifications: (i) each antenna is located inside
an antenna enclosure of no more than three (3) cubic feet in volume or, in the case of an antenna
AGENDA ITEM #1. a)
ORDINANCE NO. ________
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that has exposed elements, the antenna and all of its exposed elements could fit within an
imaginary enclosure of no more than three (3) cubic feet; and (ii) primary equipment enclosures
are no larger than twenty‐eight (28) cubic feet in volume. The following associated equipment
may be located outside the primary equipment enclosure and if so located, are not included in
the calculation of equipment volume (but remain included in the definition of Small Cell
Facilities): Electric meter, concealment, telecom demarcation box, ground‐based enclosures,
battery back‐up power systems, grounding equipment, power transfer switch, and cut‐off switch.
Small Cell Facilities shall also include all necessary cables, transmitters, receivers, equipment
boxes, backup power supplies, power transfer switches, electric meters, coaxial cables, wires,
conduits, ducts, pedestals, antennas, electronics, and other necessary or convenient
appurtenances used for the specific wireless communications facility. Equipment enclosures
with air conditioning or other noise generating equipment are excluded from “Small Cell
Facilities.” Services do not include personal wireless services and associated facilities that fall
outside of the definition of Small Cell Facilities (i.e. macro facilities).
Section II.3 This Franchise does not grant Franchisee the right to install and operate wires
and facilities to provide wireline broadband transmission services, whether provided by a third
party provider, Franchisee, or a corporate affiliate of Franchisee. Any entity that provides such
wireline broadband transmission services must have an independent franchise to use the Rights‐
of‐Way outside of this Franchise. Further, this Franchise does not grant the right to offer cable
internet services or Cable Services as those terms are defined in 47 U.S.C. § 522(6) by wireline
transmission.
AGENDA ITEM #1. a)
ORDINANCE NO. ________
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Section II.4 No right to install any facility, infrastructure, wires, lines, cables, or other
equipment, on any City property other than a Right‐of‐Way, or upon private property without
the owner’s consent, or upon any City, public or privately owned poles or conduits is granted
herein. Nothing contained within this Franchise shall be construed to grant or convey any right,
title, or interest in the Rights‐of‐Way of the City to Franchisee other than for the purpose of
providing the Services, or to subordinate the primary use of the Right‐of‐Way as a public
thoroughfare. If Franchisee desires to expand the Services provided within the City, it shall
request a written amendment to this Franchise. If Franchisee desires to use City owned assets,
including poles and structures within the Rights‐of‐Way, it shall enter into a separate lease, site
specific agreement, or license agreement with the City.
Section II.5 Franchisee shall have the right, without prior City approval, to offer or
provide capacity or bandwidth to its customers consistent with this Franchise provided:
(a) Franchisee at all times retains exclusive control over its telecommunications
system, Facilities, and Services and remains responsible for constructing, installing, and
maintaining its Facilities pursuant to the terms and conditions of this Franchise;
(b) Franchisee may not grant rights to any customer or lessee that are greater
than any rights Franchisee has pursuant to this Franchise;
(c) Such customer or lessee shall not be construed to be a third‐party beneficiary
under this Franchise; and
(d) No such customer or lessee may use the telecommunications system or
Services for any purpose not authorized by this Franchise, nor to sell or offer for sale any service
AGENDA ITEM #1. a)
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to the citizens of the City without all required business licenses, franchise or other form of state
wide approval.
SECTION III. Non‐Exclusive Franchise Grant. This Franchise is granted upon the express
condition that it shall not in any manner prevent the City from granting other or further franchises
in, along, over, through, under, below, or across any said Rights‐of‐Way. This Franchise shall in
no way prevent or prohibit the City from using any of said roads, streets, or other public
properties or affect its jurisdiction over them or any part of them, and the City shall retain power
to make all necessary changes, relocations, repairs, maintenance, establishment, improvement,
dedication of same as the City may deem fit, including the dedication, establishment,
maintenance, and improvement of all new Rights‐of‐Way, thoroughfares and other public
properties of every type and description.
SECTION IV. Location of Telecommunications Network Facilities.
Section IV.1 Franchisee may locate its Facilities anywhere within the Franchise Area
consistent with this Franchise and the City’s Codes. Franchisee shall not be required to amend
this Franchise to construct or acquire Facilities within the Franchise Area, provided that
Franchisee does not expand its Services beyond those described in Section II.
Section IV.2 To the extent that any Facilities within the Franchise Area are located within
part of the state highway system (“State Highways”) governed by the provisions of Chapter 47.24
RCW and applicable Washington State Department of Transportation (WSDOT) regulations,
Franchisee shall comply fully with said requirements in addition to local ordinances and other
applicable regulations. Without limitation of the foregoing, Franchisee specifically agrees that:
AGENDA ITEM #1. a)
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(a) any pavement trenching and restoration performed by Franchisee within State
Highways shall meet or exceed applicable WSDOT requirements;
(b) any portion of a State Highway damaged or injured by Franchisee shall be
restored, repaired and/or replaced by Franchisee to a condition that meets or exceeds applicable
WSDOT requirements; and
(c) without prejudice to any right or privilege of the City, WSDOT is authorized to
enforce in an action brought in the name of the State of Washington any condition of this
Franchise with respect to any portion of a State Highway.
SECTION V. Relocation of Telecommunications Network Facilities.
Section V.1 Relocation Requirement. The City may require Franchisee, and Franchisee
covenants and agrees, to protect, support, temporarily disconnect, relocate, remove, its Facilities
within the Right‐of‐Way when reasonably necessary for construction, alteration, repair, or
improvement of the Right‐of‐Way for purposes of and for public welfare, health, or safety or
traffic conditions, dedications of new Rights‐of‐Way and the establishment and improvement
thereof, widening and improvement of existing Rights‐of‐Way, street vacations, freeway
construction, change or establishment of street grade, or the construction of any public
improvement or structure by any governmental agency acting in a governmental capacity or as
otherwise necessary for the operations of the City or other governmental entity, provided that
Franchisee shall in all such cases have the privilege to temporarily bypass in the authorized
portion of the same Rights‐of‐Way upon approval by the City, which approval shall not
unreasonably be withheld or delayed, any Facilities required to be temporarily disconnected or
removed. For the avoidance of doubt, such projects shall include any Right‐of‐Way improvement
AGENDA ITEM #1. a)
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project or City utility improvement project, even if the project entails, in part, related work
funded and/or performed by or for a third party, provided that such work is performed for the
public benefit and at the request of or contracted by the City, but shall not include, without
limitation, any other improvements or repairs undertaken by or for the benefit of third party
private entities. Collectively all such projects described in this Section V.1 shall be considered a
“Public Project”. Except as otherwise provided by law, the costs and expenses associated with
relocations or disconnections ordered pursuant to this Section V.1 shall be borne by Franchisee.
Section V.2 Relocation ‐ Third Party Structures. If the request for relocation from the City
originates due to a Public Project, in which structures or poles are either replaced or removed,
then Franchisee shall relocate or remove its Facilities as required by the City, and at no cost to
the City, subject to the procedure in Section V.5. Franchisee acknowledges and agrees that the
placement of Small Cell Facilities on third party‐owned structures does not convey an ownership
interest in such structures. Franchisee acknowledges and agrees, that to the extent Franchisee’s
Small Cell Facilities are on poles owned by third parties, the City shall not be responsible for any
costs associated with requests arising out of a Public Project.
Section V.3 Relocation ‐ Franchisee Owned Structures. The cost of relocation of any
Franchisee owned poles or structures shall be determined in accordance with the requirements
of RCW 35.99.060(3)(b); provided, however, that the Franchisee may opt to pay for the cost of
relocating its Small Cell Facilities in order to provide consideration for the City’s approval to site
a Small Cell Facility on Franchisee owned structures or poles in a portion of the Right‐of‐Way
designated or proposed for a Public Project. For this Section V.3, designation of the Right‐of‐Way
for a Public Project shall be undertaken in the City’s Comprehensive Plan in accordance with the
AGENDA ITEM #1. a)
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requirements of Ch. 36.70A RCW. The Comprehensive Plan includes, but is not limited to the
Transportation element or Transportation Improvement Plan (TIP), Capital Facilities element,
Utilities element, or Utility Capital Improvement Program (CIP), and any other element
authorized by RCW 36.70A.070 and RCW 36.70A.080. The parties acknowledge that this
provision is mutually beneficial to the parties, as the City may otherwise deny the placement of
the Small Cell Facility at a particular site because of the cost impact of such relocation and the
conflict with the City’s Comprehensive Plan.
Section V.4 Locate. Upon request of the City, or a third party performing work in the
Right‐of‐Way, and in order to facilitate the design of City street and Right‐of‐Way improvements
or City utility improvements, Franchisee agrees, at its sole cost and expense, to locate, and if
reasonably determined necessary by the City, to excavate and expose its Facilities for inspection
so that the Facilities’ location may be taken into account in the improvement design. The decision
as to whether any Facilities need to be relocated in order to accommodate the City’s Public
Projects shall be made by the City upon review of the location and construction of Franchisee’s
Facilities. The City shall provide Franchisee at least thirty (30) days’ written notice prior to any
excavation or exposure of Facilities.
Section V.5 Notice and Relocation Process. If the City determines that a Public Project
necessitates the relocation of Franchisee’s existing Facilities, the City shall:
(a) At least ninety (90) days prior to commencing construction of the Public
Project, provide Franchisee with written notice requiring such relocation; provided, however,
that in the event of an emergency situation, defined for purposes of this Franchise as a condition
AGENDA ITEM #1. a)
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posing an imminent threat to property, life, health, or safety of any person or entity, the City shall
give Franchisee written notice as soon as practicable; and
(b) Together with the notice of relocation, provide Franchisee with copies of
pertinent portions of the plans and specifications for the Public Project and cooperate with
Franchisee in its identification of a proposed new location for Franchisee’s Facilities so that
Franchisee may relocate its Facilities in other Rights‐of‐Way in order to accommodate such Public
Project; and
(c) After receipt of such notice and such plans and specifications, Franchisee shall
complete relocation of its Facilities at least ten (10) days prior to commencement of the
construction of the Public Project at no charge or expense to the City, except as otherwise
provided by law. Relocation shall be accomplished in such a manner as to accommodate the
Public Project.
Section V.6 Alternative Designs. Franchisee may, within thirty (30) days after receipt of
written notice requesting a relocation of its Facilities, submit to the City written alternatives to
such relocation. The City shall evaluate the alternatives and advise Franchisee in writing within
ten (10) days after receipt of Franchisee’s alternative if one or more of the alternatives are
suitable to accommodate the work that would otherwise necessitate relocation of the Facilities.
If so requested by the City, Franchisee shall submit, at its sole cost and expense, additional
information to assist the City in making such evaluation. The City shall give each alternative
proposed by Franchisee full and fair consideration. In the event the City ultimately determines
that there is no other reasonable or feasible alternative, Franchisee shall relocate its Facilities as
otherwise provided in this Section V.
AGENDA ITEM #1. a)
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Section V.7 Alternative Arrangements. The provisions of this Section V shall in no manner
preclude or restrict Franchisee from making any arrangements it may deem appropriate when
responding to a request for relocation of its Facilities by any person or entity other than the City,
where the facilities to be constructed by said person or entity are not or will not become City‐
owned, operated, or maintained facilities, provided that such arrangements do not unduly delay
a City construction project.
Section V.8 Contractor Delay Claims. If Franchisee breaches its obligations under
Chapter 19.122 RCW to properly locate its Facilities or breaches its obligations under this Section
with respect to relocating its Facilities, and to the extent such breach causes a delay in the work
being undertaken by the City’s third party contractor(s) that results in a claim by the third party
contractor(s) for costs, expenses and/or damages that are directly caused by such delay and are
legally required to be paid by the City (each, a “Contractor Delay Claim”), the City may at its sole
option:
(a) tender the Contractor Delay Claim to Franchisee for defense and
indemnification in accordance with Section V.9 and Section XXXVIII; or
(b) require that Franchisee reimburse the City for any such costs, expenses,
and/or damages that are legally required to be paid by the City to its third party contractor(s) as
a direct result of the Contractor Delay Claim; provided that, if the City requires reimbursement
by Franchisee under this Section V.8(b), the City shall first give Franchisee written notice of the
Contractor Delay Claim and give Franchisee the opportunity to work with the third party
contractor(s) to resolve the Contractor Delay Claim for a period of not less than sixty (60) days
prior to the City's payment of the Contractor Delay Claim.
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Section V.9 Relocate Indemnification. Franchisee will indemnify, hold harmless, and pay
the costs of defending the City, in accordance with the indemnification provisions of Section
XXXVIII, against any and all claims, suits, actions, damages, or liabilities for delays on City
construction projects caused by or arising out of the failure of Franchisee to remove or relocate
its Facilities as provided herein; provided, that Franchisee shall not be responsible for damages
due to delays caused by circumstances beyond the control of Franchisee or the sole negligence,
willful misconduct, or unreasonable delay of the City or any unrelated third party.
Section V.10 Moving a Building. Whenever any person shall have obtained permission
from the City to use any Right‐of‐Way for the purpose of moving any building, Franchisee, upon
thirty (30) days’ written notice from the City, shall raise, remove, or relocate to another part of
the Right‐of‐Way, only for the time period necessary to complete the move, at the expense of
the person desiring to move the building, any of Franchisee’s Facilities that may obstruct the
removal of such building.
Section V.11 City’s Costs. If Franchisee fails, neglects, or refuses to remove or relocate
its Facilities as directed by the City following the procedures outlined in this Section V, then after
fifteen (15) days’ notice to Franchisee, the City may perform such work or cause it to be done,
and the City’s costs shall be paid by Franchisee pursuant to Section XIV.2 and Section XIV.3.
Section V.12 Survival. The provisions of this Section V shall survive the expiration or
termination of this Franchise during such time as Franchisee continues to have Facilities in the
Rights‐of‐Way.
SECTION VI. Undergrounding of Facilities.
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Section VI.1 Franchisee hereby acknowledges and agrees that whenever the City requires
the undergrounding of the aerial utilities in any area of the City, and when such undergrounding
includes the removal of the structure on which the Facilities are placed (e.g., electric utility poles),
the City may require the Franchisee to remove and relocate its Facilities. Notwithstanding the
foregoing, placing Facilities underground is not intended to preclude the use of small cell antennas,
ground‐mounted appurtenances, or other Facilities that must remain above‐ground to function
properly. Facilities that may be reasonably altered to function properly below ground are not
Facilities that may remain above‐ground, unless such alteration would create a hazard to people or
property.
Section VI.2 Franchisee shall not remove any underground Facilities that require
trenching or other opening of the Rights‐of‐Way, except as provided in this Section VI.2.
Franchisee may remove any underground Facilities from the Right‐of‐Way that have been
installed in such a manner that it can be removed without trenching or other opening of the
Right‐of‐Way, or if otherwise permitted by the City. When the City determines, in the City’s sole
discretion, that Franchisee’s underground Facilities must be removed in order to eliminate or
prevent a hazardous condition, Franchisee shall remove such Facilities at Franchisee’s sole cost
and expense. Franchisee must apply and receive a permit, pursuant to Section VIII.2, prior to any
such removal of underground Facilities from the Right‐of‐Way and must provide as‐built plans
and maps pursuant to Section VII.1.
Section VI.3 The provisions of this Section VI shall survive the expiration, revocation, or
termination of this Franchise. Nothing in this Section VI shall be construed as requiring the City
to pay any costs of undergrounding any of the Franchisee’s Facilities.
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SECTION VII. Maps and Records.
Section VII.1 Following the initial construction and installation of Facilities, Franchisee
shall provide the City with accurate copies of as‐built plans and maps prepared by Franchisee’s
design and installation contractors. These plans and maps shall be provided at no cost to the
City, and shall include hard copies and digital files in Autocad, or other industry standard readable
formats that are acceptable to the City, and delivered electronically. Further, Franchisee shall
provide such maps within thirty (30) days following a request from the City. Franchisee shall
warrant the accuracy of all plans, maps and as‐builts provided to the City.
Section VII.2 Within thirty (30) days of a written request from the Community and
Economic Development Administrator or designee, Franchisee shall furnish the City with
information sufficient to demonstrate: 1) that the Franchisee has complied with all applicable
requirements of this Franchise; and 2) that any and all utility taxes due to the City in connection
with the Franchisee’s services and Facilities have been properly collected and paid by the
Franchisee.
Section VII.3 All books, records, maps, and other documents maintained by Franchisee
with respect to its Facilities within the Rights‐of‐Way shall be made available for inspection by
the City at reasonable times and intervals; provided, however, that nothing in this Section VII.3
shall be construed to require Franchisee to violate state or federal law regarding customer
privacy, nor shall this Section VII.3 be construed to require Franchisee to disclose proprietary or
confidential information without adequate safeguards for its confidential or proprietary nature.
Section VII.4 Franchisee shall not be required to disclose information that it reasonably
deems to be proprietary or confidential in nature; provided, however, Franchisee shall disclose
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such information that is required under applicable law to comply with a utility tax audit.
Franchisee shall be responsible for clearly and conspicuously identifying the work as confidential
or proprietary, and shall provide a brief written explanation as to why such information is
confidential and how it may be treated as such under State or federal law. In the event that the
City receives a public records request under Chapter 42.56 RCW or similar law for the disclosure
of information Franchisee has designated as confidential, trade secret, or proprietary, the City
shall promptly provide written notice of such disclosure so that Franchisee can take appropriate
steps to protect its interests.
Section VII.5 Nothing in Section VII.3 or Section VII.4 prohibits the City from complying
with Chapter 42.56 RCW or any other applicable law or court order requiring the release of public
records, and the City shall not be liable to Franchisee for compliance with any law or court order
requiring the release of public records. The City shall comply with any injunction or court order
obtained by Franchisee that prohibits the disclosure of any such confidential records; however,
in the event a higher court overturns such injunction or court order and such higher court action
is or has become final and non‐appealable, Franchisee shall reimburse the City for any fines or
penalties imposed for failure to disclose such records as required hereunder within sixty (60) days
of a request from the City.
Section VII.6 On an annual basis, upon thirty (30) days prior written notice, the City shall
have the right to conduct an independent audit of Franchisee's records reasonably related to the
administration or enforcement of this Franchise, in accordance with GAAP.
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SECTION VIII. Work in the Rights‐of‐Way.
Section VIII.1 During any period of relocation, construction or maintenance, all work
performed by Franchisee or its contractors shall be accomplished in a safe and workmanlike
manner, so to minimize interference with the free passage of traffic and the free use of adjoining
property, whether public or private. Franchisee shall at all times post and maintain proper
barricades, flags, flaggers, lights, flares and other traffic control measures as required for the
safety of all members of the general public and comply with all applicable safety regulations
during such period of construction as required by the ordinances of the City or the laws of the
State of Washington, including RCW 39.04.180 for the construction of trench safety systems. The
provisions of this Section VIII shall survive the expiration or termination of this Franchise and
during such time as Franchisee continues to have Facilities in the Rights‐of‐Way.
Section VIII.2 Whenever Franchisee shall commence work in any Rights‐of‐Way for the
purpose of excavation, installation, construction, repair, maintenance, or relocation of its
Facilities, it shall apply to the City for a right‐of‐way use permit to do so and, in addition, shall
give the City at least twenty (20) working days' prior notice (except in the case of an emergency)
of its intent to commence work in the Rights‐of‐Way. During the progress of the work, the
Franchisee shall not unnecessarily obstruct the passage or proper use of the Rights‐of‐Way, and
all work by the Franchisee in the area shall be performed in accordance with applicable City
standards and specifications and warranted for a period of two (2) years. In no case shall any
work commence within any Rights‐of‐Way without a permit, except as otherwise provided in this
Franchise.
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Section VIII.3 The City reserves the right to limit or exclude Franchisee’s access to a
specific route, Right‐of‐Way or other location when, in the judgment of the Community and
Economic Development Administrator or designee, there is inadequate space (including but not
limited to compliance with ADA clearance requirements and maintaining a clear and safe passage
through the Rights‐of‐Way), a pavement cutting moratorium, unnecessary damage to public
property, public expense, inconvenience, interference with City utilities, or for any other reason
determined by the Community and Economic Development Administrator or designee.
Section VIII.4 If the Franchisee shall at any time plan to make excavations in any area
covered by this Franchise, the Franchisee shall afford the City, upon receipt of a written request
to do so, an opportunity to share such excavation, PROVIDED THAT:
(a) Such joint use shall not unreasonably delay the work of the Franchisee causing
the excavation to be made;
(b) Such joint use shall be arranged and accomplished on terms and conditions
satisfactory to both parties; and
(c) Franchisee may deny such request for safety reasons.
Section VIII.5 Except for emergency situations, as a courtesy, Franchisee shall give
reasonable advance written (e.g., door hanger or direct mail) notice of intended construction to
residents within one hundred feet (100’) of the affected area. Such notice shall contain the
Franchisee’s contact number, estimated dates, and nature and location of the work to be
performed. Any disturbance of landscaping, fencing, or other improvements on private property
caused by Franchisee’s work shall, at the sole expense of Franchisee, be promptly repaired and
restored to the reasonable satisfaction of the property owner/resident. Notwithstanding the
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above, nothing herein shall give Franchisee the right to enter onto private property without the
permission of such private property owner, or as otherwise authorized by applicable law.
Section VIII.6 Franchisee may trim trees upon and overhanging on public ways, streets,
alleys, sidewalks, and other public places of the City so as to prevent the branches of such trees
from coming in contact with Franchisee’s Facilities. The right to trim trees in this Section VIII.6
shall only apply to the extent necessary to protect above ground Facilities. Franchisee shall
ensure that its tree trimming activities protect the appearance, integrity, and health of the trees
to the extent reasonably possible. Franchisee shall be responsible for all debris removal from
such activities. All trimming, except in emergency situations, is to be done after the explicit prior
written notification and approval of the City and at the expense of Franchisee. Franchisee may
contract for such services; however, any firm or individual so retained must first receive City
approval prior to commencing such trimming; such approval shall not be unreasonably withheld,
delayed, or conditioned. Nothing herein grants Franchisee any authority to act on behalf of the
City, to enter upon any private property, or to trim any tree or natural growth not owned by the
City. Franchisee shall be solely responsible and liable for any damage to any third parties’ trees
or natural growth caused by Franchisee’s actions. Franchisee shall indemnify, defend and hold
harmless the City from third‐party claims of any nature arising out of any act or negligence of
Franchisee with regard to tree and/or natural growth trimming, damage, and/or removal.
Franchisee shall reasonably compensate the City or the property owner for any damage caused
by trimming, damage, or removal by Franchisee. Except in an emergency situation, any tree
trimming that involves the removal of branches that are six inches (6") or greater in diameter,
must be performed under the direction of an arborist certified by the International Society of
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Arboriculture, unless otherwise approved by the Community and Economic Development
Administrator or designee.
Section VIII.7 Franchisee shall meet with the City and other franchise holders and users
of the Rights‐of‐Way upon thirty (30) days’ notice by the City, to schedule and coordinate
construction in the Rights‐of‐Way. All construction locations, activities, and schedules shall be
coordinated, as ordered by the City to minimize public inconvenience, disruption or damages,
and conflicts with City projects.
Section VIII.8 Franchisee shall inform the City with at least thirty (30) days’ advance
written notice that it is constructing, relocating, or placing ducts or conduits in the Rights‐of‐Way
and provide the City with an opportunity to request that Franchisee provide the City with
additional duct or conduit and related structures necessary to access the conduit pursuant to
RCW 35.99.070.
SECTION IX. One Call Locator Service. Prior to doing any work in the Rights‐of‐Way, the
Franchisee shall follow established procedures, including contacting the Utility Notification
Center in Washington and comply with all applicable State statutes regarding the One Call
Locator Service pursuant to Chapter 19.122 RCW. Further, upon request, by the City or a third
party, Franchisee shall locate its Facilities consistent with the requirements of Chapter 19.122
RCW. The City shall not be liable for any damages to Franchisee’s Facilities or for interruptions
in service to Franchisee’s customers that are a direct result of Franchisee’s failure to locate its
Facilities within the prescribed time limits and guidelines established by the One Call Locator
Service regardless of whether the City issued a permit.
SECTION X. Safety Requirements.
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Section X.1 Franchisee shall, at all times, employ professional care and shall install and
maintain and use industry‐standard methods for preventing failures and accidents that are likely
to cause damage, injuries, or nuisances to the public. All structures and all lines, equipment, and
connections in, over, under, and upon the Rights‐of‐Ways, wherever situated or located, shall at
all times be kept and maintained in a safe condition. Franchisee shall comply with all federal,
State, and City safety requirements, rules, regulations, laws, and practices, and employ all
necessary devices as required by applicable law during the construction, operation, maintenance,
upgrade, repair, or removal of its Facilities. Additionally, Franchisee shall keep its Facilities free
of debris and anything of a dangerous, noxious or offensive nature or which would create a
hazard or undue vibration, heat, noise or any interference with City services. By way of
illustration and not limitation, Franchisee shall also comply with the applicable provisions of the
National Electric Code, National Electrical Safety Code, FCC regulations, and Occupational Safety
and Health Administration (OSHA) Standards. Upon reasonable notice to Franchisee, the City
reserves the general right to inspect the Facilities to evaluate if they are constructed and
maintained in a safe condition.
Section X.2 If an unsafe condition or a violation of Section X.1 is found to exist, and
becomes known to the City, the City agrees to give Franchisee written notice of such condition
and afford Franchisee a reasonable opportunity to repair the same. If Franchisee fails to start to
make the necessary repairs and alterations within a reasonable time frame specified in such
notice (and pursue such cure to completion), but not shorter than forty‐five (45) days, then the
City may make such repairs or contract for them to be made. All costs, including administrative
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costs, incurred by the City in repairing any unsafe conditions shall be borne by Franchisee and
reimbursed to the City pursuant to Section XIV.2 and Section XIV.3.
Section X.3 Additional safety standards include:
(a) Franchisee shall endeavor to maintain all Facilities in an orderly manner,
including, but not limited to, the placement of any cables connecting equipment in an orderly
manner.
(b) All installations of equipment, lines, and ancillary facilities shall be installed in
accordance with industry‐standard engineering practices and shall comply with all federal, State,
and local regulations, ordinances, and laws.
(c) Any opening or obstruction in the Rights‐of‐Way or other public places made
by Franchisee in the course of its operations shall be protected by Franchisee at all times by the
placement of adequate barriers, fences, steel plates, or boarding, the bounds of which, during
periods of dusk and darkness, shall be clearly marked and visible.
Section X.4 Stop Work Order. On notice from the City that any work is being performed
contrary to the provisions of this Franchise, or in an unsafe or dangerous manner as reasonably
determined by the City, or in violation of the terms of any applicable permit, laws, regulations,
ordinances, or standards, the work may immediately be stopped by the City. The stop work order
shall:
(a) Be in writing;
(b) Be given to the person doing the work or posted on the work site;
(c) Be sent to Franchisee by overnight delivery;
(d) Indicate the nature of the alleged violation or unsafe condition; and
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(e) Establish conditions under which work may be resumed.
SECTION XI. Work of Contractors and Subcontractors. Franchisee’s contractors and
subcontractors shall be licensed and bonded in accordance with State law and the City’s
ordinances, regulations, and requirements. Work by contractors and subcontractors are subject
to the same restrictions, limitations, and conditions as if the work were performed by Franchisee.
Franchisee shall be responsible for all work performed by its contractors and subcontractors and
others performing work on its behalf as if the work were performed by Franchisee and shall
ensure that all such work is performed in compliance with this Franchise and applicable law.
SECTION XII. Restoration after Construction.
Section XII.1 Franchisee shall, after installation, construction, relocation, maintenance,
or repair of its Facilities, or after abandonment approved pursuant to Section XVII, promptly
remove any obstructions from the Rights‐of‐Way and restore the surface of the Rights‐of‐Way to
at least the same condition the Rights‐of‐Way were in immediately prior to any such installation,
construction, relocation, maintenance or repair, provided Franchisee shall not be responsible for
any changes to the Rights‐of‐Way not caused by Franchisee or anyone doing work for Franchisee.
The Community and Economic Development Administrator or designee shall have final approval
of the condition of such Rights‐of‐Way after restoration. All concrete encased survey
monuments that have been disturbed or displaced by such work shall be restored pursuant to
federal, state (such as Chapter 332‐120 WAC), and local standards and specifications.
Section XII.2 Franchisee agrees to promptly complete all restoration work and to
promptly repair any damage caused by work to the Franchise Area or other affected area at its
sole cost and expense and according to the time and terms specified in the construction permit
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issued by the City. All work by Franchisee pursuant to this Franchise shall be performed in
accordance with applicable City standards and warranted for a period of two (2) years and for
undiscovered defects.
Section XII.3 If conditions (e.g. weather) make the complete restoration required under
this Section XII impracticable, Franchisee shall temporarily restore the affected Right‐of‐Way or
property. Such temporary restoration shall be at Franchisee’s sole cost and expense. Franchisee
shall promptly undertake and complete the required permanent restoration when conditions no
longer make such permanent restoration impracticable.
Section XII.4 In the event Franchisee does not repair or restore a Right‐of‐Way as required
hereunder, within thirty (30) days after notice to Franchisee, the City may repair the damage and
shall be reimbursed its actual cost within sixty (60) days of submitting an invoice to Franchisee in
accordance with the provisions of Section XIV.2 and Section XIV.3. In addition, and pursuant to
Section XIV.2 and Section XIV.3, the City may bill Franchisee for expenses associated with the
inspection of such restoration work. The failure by Franchisee to complete such repairs shall be
considered a breach of this Franchise and is subject to remedies by the City including the
imposition of damages consistent with Section XXI.2.
Section XII.5 The provisions of this Section XII shall survive the expiration or termination
of this Franchise so long as Franchisee continues to have Facilities in the Rights‐of‐Way and has
not completed all restoration to the City’s standards.
SECTION XIII. Emergency Work/Dangerous Conditions.
Section XIII.1 In the event of any emergency in which any of Franchisee’s Facilities located
in the Rights‐of‐Way breaks, falls, becomes damaged, or if Franchisee’s Facilities is otherwise in
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such a condition as to immediately endanger the property, life, health or safety of any person,
entity or the City, Franchisee shall immediately take the proper emergency measures to repair
its Facilities, to cure or remedy the dangerous conditions for the protection of property, life,
health or safety of any person, entity or the City without first applying for and obtaining a permit
as required by this Franchise. However, this shall not relieve Franchisee from the requirement
of obtaining any permits necessary for this purpose, and Franchisee shall apply for all such
permits not later than the next succeeding day during which the Renton City Hall is open for
business. The City retains the right and privilege to cut, move or remove any Facilities located
within the Rights‐of‐Way of the City, as the City may determine to be necessary, appropriate or
useful in response to any public health or safety emergency.
Section XIII.2 The City shall not be liable for any damage to or loss of Facilities within the
Rights‐of‐Way as a result of or in connection with any public works, public improvements,
construction, grading, excavation, filling, or work of any kind in the Rights‐of‐Way by or on behalf
of the City, except to the extent caused by the sole negligence or willful misconduct of the City,
its employees, contractors, or agents. The City shall further not be liable to Franchisee for any
direct, indirect, or any other such damages suffered by any person or entity of any type as a direct
or indirect result of the City’s actions under this Section XIII except to the extent caused by the
sole negligence or willful misconduct of the City, its employees, contractors, or agents.
Section XIII.3 Whenever the construction, installation or excavation of Facilities
authorized by this Franchise has caused or contributed to a condition that appears to
substantially impair the lateral support of the adjoining street or public place, or endangers the
public, an adjoining public place, street, electrical or telecommunications utilities, City utilities,
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or City property, the Community and Economic Development Administrator or designee, may
direct Franchisee, at Franchisee’s own expense, to take reasonable action to protect the public,
adjacent public places, City property or street utilities, and such action may include compliance
within a prescribed time. In the event that Franchisee fails or refuses to promptly take the actions
directed by the City, or fails to fully comply with such directions, or if emergency conditions exist
which require immediate action, before the City can timely contact Franchisee to request
Franchisee effect the immediate repair, the City may access the Facilities and take such
reasonable actions as are necessary to protect the public, the adjacent streets, City utilities, or
street, electrical or telecommunications utilities, or to maintain the lateral support thereof, or
reasonable actions regarded as necessary safety precautions, and Franchisee shall be liable to
the City for the costs thereof.
SECTION XIV. Recovery of Costs, Taxes and Fees.
Section XIV.1 Franchisee shall pay a fee for the actual administrative expenses incurred
by the City that are directly related to receiving and approving this Franchise pursuant to RCW
35.21.860, including the costs associated with the City’s legal costs incurred in drafting and
processing this Franchise. No permits shall be issued for the installation of authorized Facilities
until such time as the City has received payment of this fee. Franchisee shall further be subject
to all permit fees associated with activities undertaken through the authority granted in this
Franchise or under the laws of the City. Where the City incurs costs and expenses for review,
inspection, or supervision of activities, including but not limited to reasonable fees associated
with attorneys, consultants, City Staff and City Attorney time, undertaken through the authority
granted in this Franchise or any ordinances relating to the subject for which a permit fee is not
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established, Franchisee shall pay such costs and expenses directly to the City in accordance with
the provisions of Section XIV.3.
Section XIV.2 Franchisee shall promptly reimburse the City in accordance with the
provisions of Section XIV.3 for any and all costs the City reasonably incurs in response to any
emergency situation involving Franchisee’s Facilities, to the extent said emergency is not the fault
of the City. The City agrees to simultaneously seek reimbursement from any franchisee or permit
holder who caused or contributed to the emergency situation.
Section XIV.3 Franchisee shall reimburse the City within sixty (60) days of submittal by
the City of an itemized billing for reasonably incurred costs, itemized by project, for Franchisee’s
proportionate share of all actual, identified expenses incurred by the City in planning,
constructing, installing, repairing, altering, or maintaining any City facility as the result of the
presence of Franchisee’s Facilities in the Rights‐of‐Way. Such costs and expenses shall include
but not be limited to Franchisee’s proportionate cost of City personnel assigned to oversee or
engage in any work in the Rights‐of‐Way as the result of the presence of Franchisee’s Facilities in
the Rights‐of‐Way. Such costs and expenses shall also include Franchisee’s proportionate share
of any time spent reviewing construction plans in order to either accomplish the relocation of
Franchisee’s Facilities or the routing or rerouting of any utilities so as not to interfere with
Franchisee’s Facilities.
Section XIV.4 The time of City employees shall be charged at their respective rate of
salary, including overtime if applicable, plus benefits and reasonable overhead. Any other costs
will be billed proportionately on an actual cost basis. All billings will be itemized so as to
specifically identify the costs and expenses for each project for which the City claims
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reimbursement. A charge for the actual costs incurred in preparing the billing may also be
included in said billing. At the City’s option, the billing may be on an annual basis, but the City
shall provide the Franchisee with the City’s itemization of costs, in writing, at the conclusion of
each project for information purposes. The City does not waive any right to charge an annual fee
by separate permit or agreement for every small cell that is located on a City asset. (Refer to the
City’s Fee Schedule for the applicable fee.)
Section XIV.5 Franchisee hereby warrants that its operations, as authorized under this
Franchise, are those of a telephone business as defined in RCW 82.16.010, or service provider as
defined in RCW 35.21.860. As a result, the City will not impose a franchise fee under the terms
of this Franchise, other than as described herein. The City hereby reserves its right to impose a
franchise fee on this Franchisee if Franchisee’s operations as authorized by this Franchise change
such that the statutory prohibitions of RCW 35.21.860 no longer apply, or if statutory prohibitions
on the imposition of such fees are removed. In either instance, the City also reserves its right to
require that Franchisee obtain a separate Franchise for its change in use. Nothing contained
herein shall preclude Franchisee from challenging any such new fee or separate agreement under
applicable federal, State, or local laws.
Section XIV.6 Franchisee acknowledges that certain of its operations within the City may
constitute a telecommunication business subject to the utility tax imposed pursuant to the
Renton Municipal Code Chapter 5‐11. Franchisee stipulates and agrees that certain of its
business activities are subject to taxation as a telecommunication business and that Franchisee
shall pay to the City the rate applicable to such taxable services under Renton Municipal Code
Chapter 5‐19, and consistent with state and federal law. The parties agree that if there is a
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dispute regarding tax payments, the process set forth under the Renton Municipal Code shall
govern such dispute. The City may not enforce remedies provided for hereunder, or commence
a forfeiture or revocation process permitted hereunder until all remedies afforded the City under
the Renton Municipal Code or other judicial action have been exhausted, and only then if
Franchisee does not comply with any such resolution. The parties agree however, that nothing in
this Franchise shall limit the City's power of taxation as may exist now or as later imposed by the
City. This provision does not limit the City's power to amend the Renton Municipal Code as may
be permitted by law.
SECTION XV. Permitting and Aesthetics.
Section XV.1 Authority.
Section XV.1.1 City Retains Approval Authority. The City shall have the authority at all
times to control by appropriately exercised police powers through ordinance or
regulation, consistent with 47 U.S.C. § 253, 47 U.S.C. § 332(c)(7) and the laws of the State
of Washington, the location, elevation, manner of construction, and maintenance of any
Small Cell Facilities by Franchisee, and Franchisee shall promptly conform with all such
requirements, unless compliance would cause Franchisee to violate other requirements
of law. This Franchise does not prohibit the City from exercising its rights under federal,
state or local law to deny or give conditional approval to an application for a permit to
construct any individual Small Cell Facility.
Section XV.1.2 Unauthorized Facilities. Any Small Cell Facilities installations in the Right‐
of‐Way that were not authorized under this Franchise or other required City Approval
(“Unauthorized Facilities”) will be subject to the payment of an Unauthorized Facilities
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charge by Franchisee. City shall provide written notice to Franchisee of any Unauthorized
Facilities identified by City staff, and Franchisee shall have thirty (30) days thereafter in
which to establish that this site was authorized or obtain the applicable permit, or longer
than thirty (30) days if necessary upon the City’s consent so long as Franchisee can
demonstrate that it has taken active steps to establish the authorization or apply for the
permit within such thirty (30) day period. Failure to establish that the site is authorized
will result in the imposition of an Unauthorized Facilities charge according to the City of
Renton Fee Schedule starting on the thirty‐first (31st) day, or the first day after the
expiration of any extended period granted by the City. Franchisee may submit an
application to the City under this Franchise for approval of the Unauthorized Facilities. If
the application for the Unauthorized Facilities is not approved, Franchisee shall remove
the Unauthorized Facilities from the Right‐of‐Way within thirty (30) days after the
expiration of all appeal periods for such denial. The City shall not refund any
Unauthorized Facilities charges, unless Franchisee is successful in an appeal. This
Franchise remedy is in addition to any other remedy available to the City at law or equity.
Section XV.2 Permits.
Section XV.2.1 Small Cell Permit. Franchisee shall apply for, and is required to obtain a
City small cell permit (“Small Cell Permit”) prior to the construction and installation of
each of its Small Cell Facilities in the Rights‐of‐Way. In addition to applicable
requirements established by the City’s Codes for the Small Cell Permit, an application for
the deployment of Small Cell Facilities shall include:
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(a) A site plan that includes the property lines, adjacent Rights‐of‐Way, private roads,
existing utilities, and existing and proposed structures. The City may require the
site plan to include all poles within one hundred feet (100'), if necessary. Maps
shall be drawn at 1:20 scale;
(b) Scaled elevations depicting the design, size, and locations of proposed Small Cell
Facilities. The design of the proposed Small Cell Facilities shall comply with the
requirements of Section XV.3 (Design);
(c) Photo simulations of the Small Cell Facility site showing current and proposed
conditions for each proposed location;
(d) A tree plan, shown either on the site plan required in this Section XV.2.1 or on a
separate tree plan, but only for those Small Cell Facilities where Franchisee will
prune any trees. The tree plan shall show the location, diameter, species of all
significant trees (defined as conifers greater than six feet (6') tall or deciduous
trees greater than six inches (6") in diameter at four and a half feet (4 ½') above
the ground), clearly designate all eagle perch/nest trees, and draw an X through
trees proposed to be removed or pruned. No trees may be pruned without the
City’s approval provided in the Small Cell Permit, and shall be consistent with the
requirements of Section VIII.6 of this Franchise; and
(e) Site Specific Traffic Control Plan prepared in accordance with the State of
Washington Manual on Uniform Traffic Control Devices (MUTCD).
Section XV.2.2 City Approvals. The granting of this Franchise is not a substitute for any
City Approvals. The parties agree that City Approvals (except right‐of‐way use permits as
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described in Section VIII.2) are not considered use permits, as that term is defined in RCW
35.99.010. These City Approvals do not grant general authorization to enter and utilize the
Rights‐of‐Way, but rather grant Franchisee permission to build its specific Small Cell
Facilities. The parties recognize that this provision is specifically negotiated as
consideration for designating the entire City as the Franchise Area. Such City Approvals
shall be issued consistent with the City’s Codes, state and federal laws governing wireless
communication facility siting, including applicable time periods for review of applications
for City Approvals, and shall be in addition to any permits required under Section VIII.2.
This Section does not affect the thirty (30)‐day issuance requirement described in RCW
35.99.030 required for use permits such as right‐of‐way use permits and traffic control
permits.
Section XV.2.3 Emissions Reports. Franchisee is obligated to comply with all laws relating
to allowable presence of or human exposure to Radiofrequency Radiation (“RFs”) or
Electromagnetic Fields (“EMFs”) on or off any poles or structures in the Rights‐of‐Way,
including all applicable FCC standards, whether such RF or EMF presence or exposure
results from the Small Cell Facility alone or from the cumulative effect of the Small Cell
Facility added to all other sources operated by Franchisee or on behalf of Franchisee on
or near the specific pole or structure. Franchisee must provide to the City a copy of a
report (the “Emissions Report”) from a duly qualified engineer analyzing whether RF and
EMF emissions at the proposed Small Cell Facility locations would comply with FCC
standards. Franchisee must submit one Emissions Report to the City with each Small Cell
Permit application. For purposes of clarification, this requirement shall not be interpreted
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as requiring one Emissions Report for each node, or each pole installation, but rather one
Emissions Report for each batch of Small Cell Facilities that comprise a Small Cell network
covering a specific area or region. Further, Franchisee shall, at its own cost and expense,
perform an RF emissions test following installation to validate that the Small Cell Facilities
once installed comply with the FCC standards.
Section XV.3 Design.
Section XV.3.1 City’s Standard Detail. This Franchise adopts the City’s Standard Detail 117
– as it now exists or is hereafter amended, supplemented, and/or renumbered
(collectively, hereinafter “Standard Detail 117”) – as a pre‐authorized design for Small Cell
Facilities.
Section XV.3.2 Order of Preference. This Franchise adopts the following order of
preference for the design of Small Cell Facilities:
(a) Small Cell Facilities meeting Standard Detail 117: No conditional use permit is
required to site Small Cell Facilities meeting Standard Detail 117; other City
Approvals may be required, in conformance with the City’s Codes.
(b) Upon Franchisee’s demonstration that the Section XV.3.2(a) design is not
technically feasible: On existing poles within the Right‐of‐Way, in conformance
with the City’s Codes.
(c) Upon Franchisee’s demonstration that the Section XV.3.2(a) and Section XV.3.2(b)
designs are not technically feasible: On existing or proposed traffic signals,
provided that safety standards are met, and in conformance with the City’s Codes.
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Section XV.3.3 Existing Infrastructure; Master Lease Agreements and Site Specific
Agreements.
(a) Franchisee acknowledges and agrees that if Franchisee requests to place new or
replacement structures, as described in RCW 35.21.860, in the Rights‐of‐Way or
place Facilities on City‐owned structures, which are not otherwise covered under
a master lease agreement with the City, then Franchisee may be required to enter
into a site specific agreement consistent with RCW 35.21.860 in order to construct
such Facilities in the Right‐of‐Way. Such agreements may require a site specific
charge payable to the City. The approval of a site specific agreement is at the
discretion of each of the parties thereto.
(b) This Section XV.3.3 does not place an affirmative obligation on the City to allow
the placement of new infrastructure on public property or in the Rights‐of‐Way,
nor does it relieve Franchisee from any provision of the City’s Codes related to the
siting of wireless facilities.
(c) Replacement poles or structures are permissible provided that Franchisee
removes the old pole or structure promptly, but no more than thirty (30) days
after the installation of the replacement pole or structure.
Section XV.3.4 Concealment. Franchisee shall construct its Facilities consistent with
applicable concealment or stealth requirements as described in the City’s Codes, as the
same exist or are hereinafter amended, or in the applicable permit(s), lease, site specific
agreement or license agreement, in order to minimize the visual impact of such Facilities.
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Section XV.3.5 Light and Noise Requirements. Each Small Cell Facility must comply with
the City’s Codes’ requirements pertaining to light and noise.
Section XV.4 Eligible Facilities Requests. The parties acknowledge that it is the intent of
this Franchise to provide general authorization to use the Rights‐of‐Way for Small Cell Facilities.
The designs in a Small Cell Permit, including the dimensions and number of antennas and
equipment boxes and the pole height are intended and stipulated to be concealment features
when considering whether a proposed modification is a substantial change under Section 6409(a)
of the Spectrum Act, 47 U.S.C. § 1455(a).
Section XV.5 Inventory. Franchisee shall maintain a current inventory of Small Cell
Facilities throughout the term of this Franchise, which Franchisee shall provide to the City within
thirty (30) days of a reasonable request by the City. The inventory report shall include GIS
coordinates, date of installation, type of pole used for installation, description/type of installation
for each Small Cell Facility installation and photographs taken before and after the installation of
the Small Cell Facility and taken from the public street. Small Cell Facilities that are considered
Deactivated Facilities, as described in Section XVII.1, shall be included in the inventory report and
Franchisee shall provide the same information as is provided for active installations as well as the
date the Facilities were deactivated and the date the Deactivated Facilities were removed from
the Right‐of‐Way. The City shall compare the inventory report to its records to identify any
discrepancies, and the parties will work together in good faith to resolve any discrepancies.
Franchisee is not required to report on future inventory reports any Deactivated Facilities which
were removed from the Right‐of‐Way since the last reported inventory, and may thereafter omit
reference to the Deactivated Facilities.
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Section XV.6 Graffiti Abatement. As soon as practical, but not later than fourteen (14)
days from the date Franchisee receives notice or is otherwise aware, Franchisee shall remove all
graffiti on any of its Small Cell Facilities in which it is the owner of the pole or structure or on the
Small Cells Facilities themselves attached to a third party pole (i.e. graffiti on the shrouding
protecting the radios). The foregoing shall not relieve Franchisee from complying with any City
graffiti or visual blight ordinance or regulation.
SECTION XVI. Insurance.
Section XVI.1 Franchisee shall procure and maintain for so long as Franchisee has
Facilities in the Public Ways, insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the exercise of rights, privileges and
authority granted to Franchisee under this Franchise. Franchisee shall require that every
contractor maintain substantially the same insurance coverage with substantially the same policy
limits as required of Franchisee, or otherwise reasonably approved by the City, while doing work
hereunder. Franchisee shall procure insurance from insurers with a current A.M. Best rating of
not less than A‐. Franchisee shall provide a copy of a certificate of insurance and blanket
additional insured endorsement to the City for its inspection at the time of acceptance of this
Franchise, and such insurance certificate shall evidence a policy of insurance that includes:
(a) Automobile Liability insurance with limits of a minimum of five million
dollars ($5,000,000) combined single limit each accident for bodily injury and property damage;
(b) Commercial General Liability insurance, written on an occurrence basis
with total limits of a minimum of five million dollars ($5,000,000) per occurrence for bodily injury
and property damage and a minimum of five million dollars ($5,000,000) general aggregate
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including premises, operations, independent contractors, products and completed operations;
explosion, collapse and underground (XCU);
(c) Workers’ Compensation coverage or qualified self‐insurance as required
by the Industrial Insurance laws of the State of Washington; and
(d) Excess Umbrella liability policy with limits of a minimum of five million
dollars ($5,000,000) per occurrence and in the aggregate.
Section XVI.2 Payment of deductible or self‐insured retention shall be the sole
responsibility of Franchisee. Franchisee may utilize primary and umbrella liability insurance
policies to satisfy the insurance policy limits required in this Section XVI.
Section XVI.3 The insurance policies, with the exception of Workers’ Compensation
obtained by Franchisee shall include the City, its officers, officials, and employees (“Additional
Insureds”), as an additional insured under this Franchise with regard to activities performed by
or on behalf of Franchisee. The coverage shall contain no special limitations on the scope of
protection afforded to the Additional Insureds. In addition, the insurance policy shall contain a
clause stating that coverage shall apply separately to each insured against whom a claim is made
or suit is brought, except with respect to the limits of the insurer’s liability. Franchisee shall
provide to the City a certificate of insurance and blanket additional insured endorsement.
Receipt by the City of any certificate showing less coverage than required is not a waiver of
Franchisee’s obligations to fulfill the requirements. Franchisee’s insurance shall be primary
insurance with respect to the Additional Insureds. Any insurance maintained by the Additional
Insureds shall be in excess of Franchisee’s insurance and shall not contribute with it.
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Section XVI.4 Upon receipt of notice from its insurer(s), Franchisee shall provide the City
with thirty (30) days' prior written notice of any cancellation of any insurance policy, required
pursuant to this Section XVI, that is not replaced. If not replaced, Franchisee shall, prior to the
effective date of such cancellation, obtain replacement insurance policies meeting the
requirements of this Section XVI. Failure to provide the insurance cancellation notice and to
furnish to the City replacement insurance policies meeting the requirements of this Section XVI
shall be considered a material breach of this Franchise and subject to the City’s election of
remedies described in Section XXI below. Notwithstanding the cure period described in Section
XXI.2, the City may pursue its remedies immediately upon a failure to furnish replacement
insurance.
Section XVI.5 Franchisee’s maintenance of insurance as required by this Section XVI shall
not be construed to limit the liability of Franchisee to the coverage provided by such insurance,
or otherwise limit the City’s recourse to any remedy available at law or equity. Further,
Franchisee’s maintenance of insurance policies required by this Franchise shall not be construed
to excuse unfaithful performance by Franchisee.
Section XVI.6 As of the Effective Date of this Franchise, Franchisee is not self‐insured.
Should Franchisee wish to become self‐insured at the levels outlined in this Franchise at a later
date, Franchisee shall comply with the following: (i) provide the City, upon request, a copy of
Franchisee’s, or its parent company’s, most recent audited financial statements if such financial
statements are not otherwise publically available; (ii) Franchisee or its parent company is
responsible for all payments within the self‐insured retention; and (iii) Franchisee assumes all
defense and indemnity obligations as outlined in the indemnification terms of this Franchise.
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SECTION XVII. Abandonment of Franchisee’s Telecommunications Network.
Section XVII.1 Where any Facilities or portions of Facilities are no longer needed and their
use is to be discontinued, the Franchisee shall immediately report such Facilities in writing
(“Deactivated Facilities”) to the Community and Economic Development Administrator or
designee. This notification is in addition to the inventory revisions addressed in Section XV.5.
Deactivated Facilities, or portions thereof, shall be completely removed within ninety (90) days
and the site, pole or infrastructure restored to its pre‐existing condition.
Section XVII.2 If Franchisee leases a structure from a landlord and such landlord later
abandons the structure, for example by building a replacement structure, Franchisee shall
remove or relocate its Facilities within ninety (90) days of such notification from the landlord at
no cost to the City and shall remove the pole if so required by the landlord.
Section XVII.3 Upon the expiration, termination, or revocation of the rights granted under
this Franchise, Franchisee shall remove all of its Facilities from the Rights‐of‐Way within ninety
(90) days of receiving written notice from the Community and Economic Development
Administrator or designee. The Facilities, in whole or in part, may not be abandoned by
Franchisee without written approval by the City. Any plan for abandonment or removal of
Franchisee’s Facilities must be first approved by the Community and Economic Development
Administrator or designee, and all necessary permits must be obtained prior to such work.
Franchisee shall restore the Rights‐of‐Way to at least the same condition that the Rights‐of‐Way
were in immediately prior to any such installation, construction, relocation, maintenance or
repair, reasonable wear and tear and casualty excepted, provided Franchisee shall not be
responsible for any damages to the Rights‐of‐Way not caused by Franchisee or any person doing
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work for Franchisee. All work performed within the Rights‐of‐Way shall be performed in
accordance with the City’s Codes. Franchisee shall be solely responsible for all costs associated
with removing its Facilities.
Section XVII.4 Notwithstanding Section XVII.1 above, the City may permit Franchisee’s
Facilities to be abandoned in place in such a manner as the City may prescribe. Upon permanent
abandonment, and Franchisee’s agreement to transfer ownership of the Facilities to the City,
Franchisee shall submit to the City all necessary instruments for transferring ownership to the
City.
Section XVII.5 Any Facilities that are not removed within one hundred eighty (180) days
of either the date (i) of termination or revocation of this Franchise, or (ii) the City issued a permit
authorizing removal, whichever is later, shall automatically become the property of the City. Any
costs incurred by the City in safeguarding such Facilities or removing the Facilities shall be
reimbursed by Franchisee. Nothing contained within this Section XVII shall prevent the City from
compelling Franchisee to remove any such Facilities through judicial action when the City has not
permitted Franchisee to abandon said Facilities in place.
Section XVII.6 The provisions of this Section XVII shall survive the expiration, revocation,
or termination of this Franchise and for so long as Franchisee has Facilities in Rights‐of‐Way.
SECTION XVIII. Bonds.
Section XVIII.1 Performance Bond. Franchisee shall furnish a performance bond
(“Performance Bond”) written by a corporate surety reasonably acceptable to the City equal to
at least one hundred fifty percent (150%) of the estimated cost of constructing Franchisee’s
Facilities, excluding materials, within the Rights‐of‐Way of the City prior to commencement of
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any such work. The Performance Bond shall guarantee the following: (1) timely completion of
construction; (2) construction in compliance with all applicable plans, permits, technical codes,
and standards; (3) proper location of the Facilities as specified by the City; (4) restoration of the
Rights‐of‐Way and other City properties affected by the construction; (5) submission of as‐built
drawings after completion of construction; and (6) timely payment and satisfaction of all claims,
demands, or liens for labor, materials, or services provided in connection with the work which
could be asserted against the City or City property. Said bond must remain in full force until the
completion of construction, including final inspection, corrections, and final approval of the work,
recording of all easements, provision of as‐built drawings, and the posting of a Maintenance Bond
as described in Section XVIII.2. Compliance with the Performance Bond requirement of the City’s
Codes shall satisfy the provisions of this Section XVIII.1. In lieu of a separate Performance Bond
for individual projects involving work in the Franchise Area, Franchisee may satisfy the City’s bond
requirements by posting a single on‐going performance bond in an amount approved by City.
Section XVIII.2 Maintenance Bond. Franchisee shall furnish a two (2)‐year maintenance
bond (“Maintenance Bond”), or other surety acceptable to the City, at the time of final
acceptance of construction work on Facilities within the Rights‐of‐Way. The Maintenance Bond
amount will be equal to ten percent (10%) of the documented final cost of the construction work,
excluding materials. The Maintenance Bond in this Section XVIII.2 must be in place prior to City’s
release of the bond required by Section XVIII.1. Compliance with the Maintenance Bond
requirement of the City’s Codes shall satisfy the provisions of this Section XVIII.2. In lieu of a
separate Maintenance Bond for individual projects involving work in the Franchise Area,
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Franchisee may satisfy the City’s bond requirements by posting a single on‐going maintenance
bond in an amount approved by City.
Section XVIII.3 Franchise Bond. Franchisee shall provide City with a bond in the amount
of fifty thousand dollars ($50,000) (“Franchise Bond”) running or renewable for the term of this
Franchise, in a form and substance reasonably acceptable to City. In the event Franchisee shall
fail to substantially comply with any one or more of the provisions of this Franchise following
notice and a reasonable opportunity to cure, then there shall be recovered jointly and severally
from Franchisee and the bond any actual damages suffered by City as a result thereof, including
but not limited to staff time, material and equipment costs, compensation or indemnification of
third parties, and the cost of removal or abandonment of facilities hereinabove described.
Franchisee specifically agrees that its failure to comply with the terms of this Section XVIII shall
constitute a material breach of this Franchise. The amount of the bond shall not be construed to
limit Franchisee's liability or to limit the City's recourse to any remedy to which the City is
otherwise entitled at law or in equity.
SECTION XIX. Modification. The City and Franchisee hereby reserve the right to alter,
amend, or modify the terms and conditions of this Franchise upon written agreement of both
parties to such alteration, amendment or modification.
SECTION XX. Revocation. If Franchisee willfully violates or fails to comply with any
material provisions of this Franchise, then at the election of the Renton City Council after at least
thirty (30) days' written notice to Franchisee specifying the alleged violation or failure, the City
may revoke all rights conferred and this Franchise may be revoked by the City Council after a
hearing held upon such notice to Franchisee. Such hearing shall be open to the public and
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Franchisee and other interested parties may offer written and/or oral evidence explaining or
mitigating such alleged noncompliance. Within thirty (30) days after the hearing, the Renton City
Council, on the basis of the record, will make the determination as to whether there is cause for
revocation, whether the Franchise will be terminated, or whether lesser sanctions should
otherwise be imposed. The Renton City Council may in its sole discretion fix an additional time
period to cure violations. If the deficiency has not been cured at the expiration of any additional
time period or if the Renton City Council does not grant any additional period, the Renton City
Council may by resolution declare the Franchise to be revoked and forfeited or impose lesser
sanctions. If Franchisee appeals revocation and termination, such revocation may be held in
abeyance pending judicial review by a court of competent jurisdiction, provided Franchisee is
otherwise in compliance with the Franchise.
SECTION XXI. Remedies to Enforce Compliance.
Section XXI.1 The City may elect, without any prejudice to any of its other legal rights and
remedies, to obtain an order from the superior court having jurisdiction compelling Franchisee
to comply with the provisions of the Franchise and to recover damages and costs incurred by the
City by reason of Franchisee’s failure to comply. In addition to any other remedy provided herein,
the City reserves the right to pursue any remedy to compel or force Franchisee and/or its
successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy
by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for
breach of the conditions herein. Provided, further, that by entering into this Franchise, it is not
the intention of the City or Franchisee to waive any other rights, remedies, or obligations as
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otherwise provided by law equity, or otherwise, and nothing contained here shall be deemed or
construed to effect any such waiver.
Section XXI.2 If Franchisee shall violate, or fail to comply with any of the provisions of this
Franchise, or should it fail to heed or comply with any notice given to Franchisee under the
provisions of this Franchise, the City shall provide Franchisee with written notice specifying with
reasonable particularity the nature of any such breach and Franchisee shall undertake all
commercially reasonable efforts to cure such breach within thirty (30) days of receipt of
notification. If the parties reasonably determine the breach cannot be cured within (30) thirty
days, the City may specify a longer cure period, and condition the extension of time on
Franchisee's submittal of a plan to cure the breach within the specified period, commencement
of work within the original thirty (30) day cure period, and diligent prosecution of the work to
completion. If the breach is not cured within the specified time, or Franchisee does not comply
with the specified conditions, the City may, at its discretion, (1) revoke this Franchise with no
further notification, or (2) claim damages of two hundred fifty dollars ($250) per day against the
Franchise Bond set forth in Section XVIII.3, or (3) pursue other remedies as described in Section
XXI.1 above. Liquidated damages described in this Section XXI.2 shall not be offset against any
sums due to the City as a tax or reimbursement pursuant to Section XIV.
SECTION XXII. Non‐Waiver. The failure of the City to insist upon strict performance of
any of the covenants and agreements of this Franchise or to exercise any option herein conferred
in any one or more instances, shall not be construed to be a waiver or relinquishment of any such
covenants, agreements or option or any other covenants, agreements or option.
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SECTION XXIII. City Ordinances and Regulations. Nothing herein shall be deemed to
restrict the City’s ability to adopt and enforce all necessary and appropriate ordinances regulating
the performance of the conditions of this Franchise, including any valid ordinance made in the
exercise of its police powers in the interest of public safety and for the welfare of the public. The
City shall have the authority at all times to reasonably control by appropriate regulations the
location, elevation, manner of construction and maintenance of Facilities by Franchisee, and
Franchisee shall promptly conform with all such regulations, unless compliance would cause
Franchisee to violate other requirements of law. In the event of a conflict between the provisions
of this Franchise and any other generally applicable ordinance(s) enacted under the City’s police
power authority, such other ordinances(s) shall take precedence over the provisions set forth
herein.
SECTION XXIV. Cost of Publication. The cost of publication of this Franchise shall be
borne by Franchisee, if applicable.
SECTION XXV. Acceptance. Franchisee shall execute and return to the City its
execution and acceptance of this Franchise in the form attached hereto as Exhibit B. In addition,
Franchisee shall submit proof of insurance obtained and additional insured endorsement
pursuant to Section XVI, any Performance Bond, if applicable, pursuant to Section XVIII.1 and the
Franchise Bond required pursuant to Section XVIII.3. The administrative fee pursuant to Section
XIV.1 is due within thirty (30) days of receipt of the invoice from the City.
SECTION XXVI. Survival. All of the provisions, conditions, and requirements of Section
V, Section VI, Section VII, Section VIII, Section XVII, Section XXVI, Section XXVII.3, Sections
XXXVIII.1 through XXXVIII.5, and Section XXXVIII.9 of this Franchise shall be in addition to any and
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all other obligations and liabilities Franchisee may have to the City at common law, by statute, or
by contract, and shall survive the City’s Franchise to Franchisee for the use of the Franchise Area,
and any renewals or extensions thereof, or as otherwise provided herein. All of the provisions,
conditions, regulations and requirements contained in this Franchise shall further be binding
upon the heirs, successors, executors, administrators, legal representatives and assigns of
Franchisee and all privileges, as well as all obligations and liabilities of Franchisee shall inure to
its heirs, successors and assigns equally as if they were specifically mentioned where Franchisee
is named herein.
SECTION XXVII. Assignment.
Section XXVII.1 This Franchise may not be directly or indirectly assigned, transferred, or
disposed of by sale, lease, merger, consolidation or other act of Franchisee, by operation of law
or otherwise, unless approved in writing by the City, which approval shall not be unreasonably
withheld, conditioned or delayed. The above notwithstanding, Franchisee may freely assign this
Franchise, without City approval, in whole or in part to a parent, subsidiary, or affiliated entity,
unless there is a change of control as described in Section XXVII.2 below, to an entity that acquires
all or substantially all of Franchisee’s assets in the market defined by the Federal Communication
Commission in which the Franchise Area is located, or for collateral security purposes. Franchisee
shall provide prompt, written notice to the City of any such assignment. In the case of transfer
or assignment as security by mortgage or other security instrument in whole or in part to secure
indebtedness, such consent shall not be required unless and until the secured party elects to
realize upon the collateral. For purposes of this Section XXVII, no assignment or transfer of this
Franchise shall be deemed to occur based on the public trading of Franchisee’s stock; provided,
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however, any tender offer, merger, or similar transaction resulting in a change of control shall be
subject to the provisions of this Franchise. After any assignment as provided hereunder,
Franchisee shall be relieved of all obligations and liability arising after the date of such
assignment.
Section XXVII.2 Any transactions that singularly or collectively result in a change of more
than fifty percent (50%) of the ultimate ownership or working control of Franchisee, ownership
or working control of affiliated entities having ownership or working control of Franchisee or of
the Facilities, or of control of the capacity or bandwidth of Franchisee’s Facilities, shall be
considered an assignment or transfer requiring City approval. Transactions between affiliated
entities are not exempt from City approval if there is a change in control as described in the
preceding sentence. Franchisee shall promptly notify the City prior to any proposed change in,
or transfer of, or acquisition by any other party of control of Franchisee. Every change, transfer,
or acquisition of control of Franchisee shall cause a review of the proposed transfer. The City shall
approve or deny such request for an assignment or transfer requiring City’s consent within one
hundred twenty (120) days of a completed application from Franchisee, unless a longer period
of time is mutually agreed to by the parties or when a delay in the action taken by the City is due
to the schedule of the City Council and action cannot reasonably be obtained within the one
hundred twenty (120)‐day period. In the event that the City adopts a resolution denying its
consent and such change, transfer, or acquisition of control has been affected, the City may
revoke this Franchise, following the revocation procedure described in Section XX above. The
assignee or transferee must have the legal, technical, financial, and other requisite qualifications
to own, hold, and operate Franchisee’s Services. Franchisee shall reimburse the City for all direct
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and indirect costs and expenses reasonably incurred by the City in considering a request to
transfer or assign this Franchise, in accordance with the provisions of Section XIV.2 and Section
XIV.3, and shall pay the applicable application fee.
Section XXVII.3 Franchisee may, without prior consent from the City: (i) lease the
Facilities, or any portion, to another person; (ii) grant an indefeasible right of user interest in the
Facilities, or any portion, to another person; or (iii) offer to provide capacity or bandwidth in its
Facilities to another person, provided further, that Franchisee shall at all times retain exclusive
control over its Facilities and remain fully responsible for compliance with the terms of this
Franchise, and Franchisee shall furnish, upon request from the City, a copy of any such lease or
agreement, provided that Franchisee may redact the name, street address (except for City and
zip code), Social Security Numbers, Employer Identification Numbers or similar identifying
information, and other information considered confidential under applicable laws provided in
such lease or agreement, and the lessee complies, to the extent applicable, with the
requirements of this Franchise and applicable City requirements. Franchisee’s obligation to
remain fully responsible for compliance with the terms under this Section XXVII.3 shall survive
the expiration of this Franchise but only if and to the extent and for so long as Franchisee is still
the owner or has exclusive control over the Facilities used by a third party.
SECTION XXVIII. Extension. If this Franchise expires without renewal, the City may,
subject to applicable law:
(a) Allow Franchisee to maintain and operate its Facilities on a month‐to‐month
basis, provided that Franchisee maintains insurance for such Facilities during such period and
continues to comply with this Franchise; or
AGENDA ITEM #1. a)
ORDINANCE NO. ________
48
(b) The City may order the removal of any and all Facilities at Franchisee’s sole
cost and expense consistent with Section XVII.
SECTION XXIX. Entire Agreement. This Franchise constitutes the entire understanding
and agreement between the parties as to the subject matter herein and no other agreements or
understandings, written or otherwise, shall be binding upon the parties upon execution of this
Franchise.
SECTION XXX. Eminent Domain. The existence of this Franchise shall not preclude the
City from acquiring by condemnation in accordance with applicable law, all or a portion of the
Franchisee’s Facilities for the fair market value thereof. In determining the value of such
Facilities, no value shall be attributed to the right to occupy the area conferred by this Franchise.
SECTION XXXI. Vacation. If at any time the City, by ordinance, vacates all or any
portion of the area affected by this Franchise, the City shall not be liable for any damages or loss
to the Franchisee by reason of such vacation. The City shall notify the Franchisee in writing not
less than ninety (90) days before vacating all or any portion of any such area. The City may, after
ninety (90) days' written notice to the Franchisee, terminate this Franchise with respect to such
vacated area.
SECTION XXXII. Notice. Any Notice or information required or permitted to be given
to the parties under this Franchise agreement may be sent to the following addresses unless
otherwise specified:
City:
City of Renton
Attn: Administrator, Community &
Economic Development Department
1055 South Grady Way
Renton, WA 98057
Franchisee:
ExteNet Systems, Inc.
Attn: CFO
3030 Warrenville Road, Suite 340
Lisle, Illinois 60532
AGENDA ITEM #1. a)
ORDINANCE NO. ________
49
With a copy to:
City of Renton
Attn: City Attorney
1055 South Grady Way
Renton, WA 98057
With a copy to:
General Counsel and COO
3030 Warrenville Road, Suite 340
Lisle, Illinois 60532
NOTICE@extenetsystems.com
SECTION XXXIII. Severability. If any Section, sentence, clause or phrase of this Franchise
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
Section, sentence, clause or phrase of this Franchise unless such invalidity or unconstitutionality
materially alters the rights, privileges, duties, or obligations hereunder, in which event either
party may request renegotiation of those remaining terms of this Franchise materially affected
by such court’s ruling.
SECTION XXXIV. Compliance with All Applicable Laws. Franchisee agrees to comply with
all present and future federal, state and local laws, ordinances, rules and regulations, except to
the extent that the Franchisee has a vested right in accordance with the vested rights doctrine
under Washington case law or as codified at RCW 19.27.095, including all City requirements
relating to the provisions of the State Environmental Policy Act (“SEPA”), unless otherwise
exempt. This Franchise is subject to ordinances of general applicability enacted pursuant to the
City’s police powers. Franchisee shall, at its own expense, maintain its Facilities in a safe
condition, in good repair and in a manner suitable to the City. Additionally, Franchisee shall keep
its Facilities free of debris and anything of a dangerous, noxious or offensive nature or which
would create a hazard or undue vibration, heat, noise or any interference with City services. City
reserves the right at any time to amend this Franchise to conform to any hereafter enacted,
amended, or adopted federal or state statute or regulation relating to the public health, safety,
AGENDA ITEM #1. a)
ORDINANCE NO. ________
50
and welfare, or relating to roadway regulation, or a City ordinance enacted pursuant to such
federal or state statute or regulation upon providing Franchisee with thirty (30) days' written
notice of its action setting forth the full text of the amendment and identifying the statute,
regulation, or ordinance requiring the amendment. Said amendment shall become automatically
effective upon expiration of the notice period unless, before expiration of that period, Franchisee
makes a written request for negotiations over the terms of the amendment. If the parties do not
reach agreement as to the terms of the amendment within forty‐five (45) days after the call for
negotiations, City may enact the proposed amendment, by incorporating Franchisee's concerns
to the maximum extent City deems possible.
SECTION XXXV. Attorneys’ Fees. If a suit or other action is instituted in connection
with any controversy arising out of this Franchise, the prevailing party shall be entitled to recover
all of its costs and expenses, 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.
SECTION XXXVI. Hazardous Substances. Franchisee shall not introduce or use any
hazardous substances (chemical or waste), in violation of any applicable law or regulation, nor
shall Franchisee allow any of its agents, contractors or any person under its control to do the
same. Franchisee will be solely responsible for and will defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from and against any and all claims,
costs and liabilities including reasonable attorneys’ fees and costs, arising out of or in connection
with the cleanup or restoration of the property associated with Franchisee’s use, storage, release,
or disposal of hazardous substances, whether or not intentional, and the use, storage, release,
AGENDA ITEM #1. a)
ORDINANCE NO. ________
51
or disposal of such substances by Franchisee’s agents, contractors or other persons acting under
Franchisee’s control, whether or not intentional.
SECTION XXXVII. Licenses, Fees and Taxes. Prior to constructing any improvements,
Franchisee shall obtain a business or utility license from the City. Franchisee shall pay promptly
and before they become delinquent, all taxes on personal property and improvements owned or
placed by Franchisee and shall pay all license fees and public utility charges relating to the
conduct of its business, shall pay for all permits, licenses and zoning approvals, shall pay any other
applicable tax unless documentation of exemption is provided to the City and shall pay utility
taxes and license fees imposed by the City.
SECTION XXXVIII. Miscellaneous.
Section XXXVIII.1 Franchisee releases, covenants not to bring suit, and agrees to
indemnify, defend, and hold harmless the City, its officers, employees, and agents from any and
all claims, costs, judgments, awards, or liability to any person, for injury or death of any person,
or damage to property, caused by or arising out of any acts or omissions of Franchisee, its agents,
servants, officers, or employees in the performance of this Franchise and any rights granted by
this Franchise. These indemnification obligations shall extend to claims that are not reduced to
a suit and any claims that may be compromised, with Franchisee’s prior written consent, prior to
the culmination of any litigation or the institution of any litigation.
Section XXXVIII.2 Inspection or acceptance by the City of any work performed by
Franchisee at the time of completion of construction shall not be grounds for avoidance by
Franchisee of any of its indemnification obligations under this Franchise.
AGENDA ITEM #1. a)
ORDINANCE NO. ________
52
Section XXXVIII.3 The City shall promptly notify Franchisee of any claim or suit and
request in writing that Franchisee indemnify the City. Franchisee may choose counsel to defend
the City subject to this Section XXXVIII.3. The City’s failure to so notify and request
indemnification shall not relieve Franchisee of any liability that Franchisee might have, except to
the extent that such failure prejudices Franchisee’s ability to defend such claim or suit. In the
event that Franchisee refuses the tender of defense in any suit or any claim, as required pursuant
to the indemnification provisions within this Franchise, and said refusal is subsequently
determined by a court having jurisdiction (or such other tribunal that the parties shall agree to
decide the matter), to have been a wrongful refusal on the part of Franchisee, Franchisee shall
pay all of the City’s reasonable costs for defense of the action, including all expert witness fees,
costs, and attorney’s fees, and including costs and fees incurred in recovering under this
indemnification provision. If separate representation to fully protect the interests of both parties
is necessary, such as a conflict of interest between the City and the counsel selected by
Franchisee to represent the City, then upon the prior written approval and consent of Franchisee,
which shall not be unreasonably withheld, the City shall have the right to employ separate
counsel in any action or proceeding and to participate in the investigation and defense thereof,
and Franchisee shall pay the reasonable fees and expenses of such separate counsel, except that
Franchisee shall not be required to pay the fees and expenses of separate counsel on behalf of
the City for the City to bring or pursue any counterclaims or interpleader action, equitable relief,
restraining order or injunction. The City’s fees and expenses shall include all out‐of‐pocket
expenses, such as consultants and expert witness fees, and shall also include the reasonable
value of any services rendered by the counsel retained by the City but shall not include outside
AGENDA ITEM #1. a)
ORDINANCE NO. ________
53
attorneys’ fees for services that are unnecessarily duplicative of services provided the City by
Franchisee. Each party agrees to cooperate and to cause its employees and agents to cooperate
with the other party in the defense of any such claim and the relevant records of each party shall
be available to the other party with respect to any such defense.
Section XXXVIII.4 Except to the extent that damage or injury arises from the negligence
or willful misconduct of the City, its employees, agents, volunteers, elected officials or
contractors, the obligations of Franchisee under the indemnification provisions of Section XXXVIII
and any other indemnification provision herein shall apply regardless of whether liability for
damages arising out of bodily injury to persons or damages to property were caused or
contributed to by the concurrent negligence of the City, its officers, agents, employees or
contractors. Notwithstanding the proceeding sentence, to the extent the provisions of RCW
4.24.115 are applicable, the parties agree that the indemnity provisions hereunder shall be
deemed amended to conform to said statute and liability shall be allocated as provided therein.
It is further specifically and expressly understood that the indemnification provided constitutes
Franchisee’s waiver of immunity under Title 51 RCW, solely for the purposes of this
indemnification, relating solely to indemnity claims made by the City directly against the
Franchisee for claims made against the City by Franchisee’s employees. This waiver has been
mutually negotiated by the parties.
Section XXXVIII.5 Notwithstanding any other provisions of Section XXXVIII, Franchisee
assumes the risk of damage to its Facilities located in the Public Ways and upon City‐owned
property from activities conducted by the City, its officers, agents, employees, volunteers,
elected and appointed officials, and contractors, except to the extent any such damage or
AGENDA ITEM #1. a)
ORDINANCE NO. ________
54
destruction is caused by or arises from any sole negligence, willful misconduct, or criminal actions
on the part of the City, its officers, agents, employees, volunteers, or elected or appointed
officials, or contractors. In no event shall the City be liable for any indirect, incidental, special,
consequential, exemplary, or punitive damages, including by way of example and not limitation
lost profits, lost revenue, loss of goodwill, or loss of business opportunity in connection with its
performance or failure to perform under this Franchise. Franchisee releases and waives any and
all such claims against the City, its officers, agents, employees, volunteers, or elected or
appointed officials, or contractors. Franchisee further agrees to indemnify, hold harmless and
defend the City against any claims for damages, including, but not limited to, business
interruption damages and lost profits, brought by or under users of Franchisee’s Facilities as the
result of any interruption of service due to damage or destruction of Franchisee’s Facilities
caused by or arising out of activities conducted by the City, its officers, agents, employees or
contractors, except to the extent any such damage or destruction is caused by or arises from the
sole negligence or any willful misconduct on the part of the City, its officers, agents, employees,
volunteers, or elected or appointed officials, or contractors.
Section XXXVIII.6 The indemnification provisions of Sections XXXVIII.1 through XXXVIII.5
shall survive the expiration, revocation, or termination of this Franchise.
Section XXXVIII.7 Franchisee is solely responsible for determining whether its Small Cell
Facilities interfere with telecommunications facilities of utilities and other franchisees within the
Rights‐of‐Way. Franchisee shall comply with the rules and regulations of the Federal
Communications Commission regarding radio frequency interference when siting its Small Cell
Facilities within the Franchise Area. Franchisee, in the performance and exercise of its rights and
AGENDA ITEM #1. a)
ORDINANCE NO. ________
55
obligations under this Franchise shall not physically or technically interfere in any manner with
the existence and operation of any and all existing utilities, sanitary sewers, water mains, storm
drains, gas mains, poles, aerial and underground electrical and telephone wires, electroliers,
cable television, and other telecommunications, utility, or municipal property, without the
express written approval of the owner or owners of the affected property or properties, except
as expressly permitted by applicable law or this Franchise, and as long as such equipment is
operating in accordance with applicable laws and regulations.
Section XXXVIII.8 City and Franchisee respectively represent that its signatory is duly
authorized and has full right, power and authority to execute this Franchise.
Section XXXVIII.9 This Franchise shall be construed in accordance with the laws of the
State of Washington. Venue for any dispute related to this Franchise shall be the United States
District Court for the Western District of Washington, or King County Superior Court.
Section XXXVIII.10 Section captions and headings are intended solely to facilitate the
reading thereof. Such captions and headings shall not affect the meaning or interpretation of
the text herein.
Section XXXVIII.11 Where the context so requires, the singular shall include the plural
and the plural includes the singular.
Section XXXVIII.12 Franchisee shall be responsible for obtaining all other necessary
approvals, authorizations and agreements from any party or entity and it is acknowledged and
agreed that the City is making no representation, warranty or covenant whether any of the
foregoing approvals, authorizations or agreements are required or have been obtained by
Franchisee by any person or entity.
AGENDA ITEM #1. a)
ORDINANCE NO. ________
56
Section XXXVIII.13 This Franchise may be enforced at both law and equity.
Section XXXVIII.14 Franchisee acknowledges that it, and not the City, shall be responsible
for the premises and equipment’s compliance with all marking and lighting requirements of the
FAA and the FCC. Franchisee shall indemnify and hold the City harmless from any fines or other
liabilities caused by Franchisee’s failure to comply with such requirements, except to the extent
such failure is due to the actions or inactions of the City. Should Franchisee or the City be cited
by either the FCC or the FAA because the Facilities or the Franchisee’s equipment is not in
compliance and should Franchisee fail to cure the conditions of noncompliance within the
timeframe allowed by the citing agency, the City may either terminate this Franchise immediately
on notice to the Franchisee or proceed to cure the conditions of noncompliance at the
Franchisee’s expense.
SECTION XXXIX. Ordinance Effective Date. This ordinance, being an exercise of a
power specifically delegated to the City legislative body, is not subject to referendum, and shall
take effect five (5) days after passage and publication of an approved summary thereof consisting
of the title (“Effective Date”).
PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2020.
________________________________
Jason A. Seth, City Clerk
APPROVED BY THE MAYOR this _______ day of _____________________, 2020.
________________________________
Armondo Pavone, Mayor
AGENDA ITEM #1. a)
ORDINANCE NO. ________
57
Approved as to form:
________________________________
Shane Moloney, City Attorney
Date of Publication: __________
ORD:2112:6/16/20
AGENDA ITEM #1. a)
ORDINANCE NO. ________
58
SUMMARY OF ORDINANCE NO. ________
City of Renton, Washington
______________________________________________________________________________
On the ___ day of _______, 202__, the City Council of the City of Renton passed Ordinance
No. _____. A summary of the content of said Ordinance, consisting of the title, is provided as
follows:
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING TO EXTENET SYSTEMS,
INC., AND ITS AFFILIATES, SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY AND
NONEXCLUSIVE FRANCHISE FOR FIVE (5) YEARS, TO CONSTRUCT, MAINTAIN, OPERATE,
REPLACE AND REPAIR A TELECOMMUNICATIONS NETWORK FOR SMALL CELL TECHNOLOGY, IN,
ACROSS, OVER, ALONG, UNDER, THROUGH AND BELOW CERTAIN DESIGNATED PUBLIC RIGHTS‐
OF‐WAY OF THE CITY OF RENTON, WASHINGTON.
The full text of this Ordinance will be mailed upon request.
___________________________________
CITY CLERK
FILED WITH THE CITY CLERK: _______
PASSED BY THE CITY COUNCIL: _______
PUBLISHED: ______
EFFECTIVE DATE: ______
ORDINANCE NO.: ______
AGENDA ITEM #1. a)
EXHIBIT A
FRANCHISEE’S INITIAL DEPLOYMENT PLAN
Design of the small cell facilities will follow the City’s standard detail, as noted in Section XV.3 Design.
AGENDA ITEM #1. a)
EXHIBIT B
STATEMENT OF ACCEPTANCE
___________________________________, for itself, its successors and assigns, hereby accepts and
agrees to be bound by all lawful terms, conditions and provisions of the Franchise attached hereto
and incorporated herein by this reference.
ExteNet Systems, Inc.
By: _______________________
Name: ____________________
Title: ____________________
Date: ______________________
STATE OF ________________ )
)ss.
COUNTY OF ______________ )
On this ____ day of _______________, 202_, before me the undersigned, a Notary Public in and for
the State of _________________, duly commissioned and sworn, personally appeared,
__________________ , the ___________________of ExteNet Systems, Inc., the company that
executed the within and foregoing instrument, and acknowledged the said instrument to be the free
and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on
oath stated that he/she is authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date
hereinabove set forth.
_____________________________________________
Signature
______________________________________________
Printed Name
NOTARY PUBLIC in and for the State of
__________________, residing at __________________
MY COMMISSION EXPIRES:
______________________________
AGENDA ITEM #1. a)
AB - 2677
City Council Regular Meeting - 10 Aug 2020
SUBJECT/TITLE: Agreement with Carollo Engineers, Inc. for the Kennydale Lakeline
Sewer System Improvements Project
RECOMMENDED ACTION: Refer to Utilities Committee
DEPARTMENT: Utility Systems Division
STAFF CONTACT: Ann Fowler, Wastewater Utility Engineer
EXT.: 7211
FISCAL IMPACT SUMMARY:
Funding for this agreement in the amount of $1,188,560 is available from the approved 2020 Wastewater
Capital Improvement Program for the Kennydale Lakeline Sewer System Improvements Project (426.465520).
There is sufficient funding in the budget to cover the agreement.
SUMMARY OF ACTION:
The Wastewater Utility is looking to replace the existing lakeline sewer system in Lake Washington. The lakeline serves
55 residential lakefront customers and consists of a flush station, 8-inch cast iron lakeline buried off shore, 33 6-inch
laterals connecting customers to the lakeline, and the Lake Washington No. 2 lift station that pumps the lakeline sewage
to the King County regional system. The infrastructure is nearly 50 years old, is reaching the end of its useful life and is
extremely difficult to maintain.
Beginning in 2016 the Wastewater Utility engaged in a project to have the lakeline located, mapped and evaluated to
determine its remaining useful life. In 2018 the Carollo team assisted the city in conducting a Lakeline Sewer
Improvement and Emergency Cleaning project to clear the line of debris and improve capacity. In addition, the city
evaluated the system to determine the best long-term solution for the ultimate replacement of the lakeline. The
evaluation of long-term solutions analyzed alternatives that included replacing the lakeline in-place, replacing the
lakeline deeper in the lake, and installing individual lift stations to serve each resident, which would allow for the
abandonment of the sewer line in the lake. Based upon this evaluation it was determined that the individual lift stations
was the most feasible long-term alternative from a cost, regulatory permitting and environmental perspective.
In July 2019 the city solicited engineering firms for statements of qualifications to enter into a contract with the city to
provide planning, analysis, public outreach, survey, geotechnical, civil engineering design services and services during
construction for the Kennydale Lakeline Sewer System Improvements. Two firms submitted proposals and Carollo
Engineers was determined to be the most qualified for this project.
While the selection of Carollo Engineers, Inc. was based on the ability to support the city through construction, the work
under this contract will start with verifying the feasibility and constructability of the individual lift station alternative. In
order to implement the individual lift station alternative there are significant challenges including locating new mains,
placement of individual lift stations on private property, obtaining easements for construction, access and maintenance.
An extensive public outreach program will be implemented to present the individual lift station alternative to the
property owners and seek their concurrence. The contract scope of work with Carollo Engineers includes preparing 30%
design plans for the location of individual lift stations, surveying, geotechnical analysis, permitting, and public outreach
with the individual property owners. The preliminary design work will provide graphics for public outreach and be
used to support obtaining permits for the project.
AGENDA ITEM #2. a)
Upon completion of preliminary design in December 2021, future contract addendums will be required for the final
design and services during construction.
EXHIBITS:
A. Agreement
B. Vicinity Map
STAFF RECOMMENDATION:
Execute the agreement with Carollo Engineers, Inc. in the amount of $1,188,560 for engineering services for
the Kennydale Lakeline Sewer System Improvement Project.
AGENDA ITEM #2. a)
AGREEMENT FOR KENNYDALE LAKELINE SEWER SYSTEM
IMPROVEMENTS PROJECT CAG-20-____
THIS AGREEMENT, dated July 23, 2020, is by and between the City of Renton (the “City”), a
Washington municipal corporation, and Carollo Engineers, Inc. (“Consultant”), a Delaware
Corporation. The City and the Consultant are referred to collectively in this Agreement as the
“Parties.” Once fully executed by the Parties, this Agreement is effective as of the last date signed
by both parties.
1. Scope of Work: Consultant agrees to provide engineering services as specified in Exhibit
A, which is attached and incorporated herein and may hereinafter be referred to as the
“Work.”
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions, deletions or modifications. Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit B or as otherwise mutually
agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit C. All Work shall be performed by no later
than December 31, 2021.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $1,188,560.00, plus any applicable state and local sales
taxes. Compensation shall be paid based upon Work actually performed according to
the rate(s) or amounts specified in Exhibit B. The Consultant agrees that any hourly or
flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless
otherwise agreed to in writing or provided in Exhibit D. Except as specifically provided
herein, the Consultant shall be solely responsible for payment of any taxes imposed
as a result of the performance and payment of this Agreement.
B. Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed, the Consultant shall submit a voucher or invoice in a form
specified by the City, including a description of what Work has been performed, the
AGENDA ITEM #2. a)
PAGE 2 OF 10
name of the personnel performing such Work, and any hourly labor charge rate for
such personnel. The Consultant shall also submit a final bill upon completion of all
Work. Payment shall be made by the City for Work performed within thirty (30)
calendar days after receipt and approval by the appropriate City representative of the
voucher or invoice. If the Consultant’s performance does not meet the requirements
of this Agreement, the Consultant will correct or modify its performance to comply
with the Agreement. The City may withhold payment for work that does not meet the
requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event
of such termination or suspension, all finished or unfinished documents, data, studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B. In the event this Agreement is terminated by the City, the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
6. Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
AGENDA ITEM #2. a)
PAGE 3 OF 10
workmanlike manner and in accordance with all reasonable and professional standards
and laws. Compliance with professional standards includes, as applicable, performing the
Work in compliance with applicable City standards or guidelines (e.g. design criteria and
Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall
certify engineering plans, specifications, plats, and reports, as applicable, pursuant to
RCW 18.43.070. Consultant further represents and warrants that all final work product
created for and delivered to the City pursuant to this Agreement shall be the original work
of the Consultant and free from any intellectual property encumbrance which would
restrict the City from using the work product. Consultant grants to the City a non-
exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and
display all final work product produced pursuant to this Agreement. The City’s or other’s
adaptation, modification or use of the final work products other than for the purposes of
this Agreement shall be without liability to the Consultant. The provisions of this section
shall survive the expiration or termination of this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act, Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section
shall survive the expiration or termination of this Agreement.
9. Independent Contractor Relationship:
AGENDA ITEM #2. a)
PAGE 4 OF 10
A. The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement. The nature of the relationship between the Consultant and the City
during the period of the Work shall be that of an independent contractor, not
employee. The Consultant, not the City, shall have the power to control and direct the
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant’s failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant, except for that portion of the claims caused by
the City’s sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate…) then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
Consultant and the City, its officers, officials, employees and volunteers, Consultant’s
liability shall be only to the extent of Consultant’s negligence.
AGENDA ITEM #2. a)
PAGE 5 OF 10
It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant’s waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant’s performance of the Work.
12. City of Renton Business License: The Consultant shall obtain a City of Renton Business
License prior to performing any Work and maintain the business license in good standing
throughout the term of this agreement with the City.
Information regarding acquiring a city business license can be found at:
http://www.rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=9824882
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/doing-business/register-my-business
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
AGENDA ITEM #2. a)
PAGE 6 OF 10
limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on
behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City’s insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City’s
recourse to any remedy available at law or in equity.
F. Subject to the City’s review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G. Consultant shall provide the City with written notice of any policy cancellation, within
two (2) business days of their receipt of such notice.
14. Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable
control occur, the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party), and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service. Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
CITY OF RENTON
Joe Stowell
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-7212
jstowell@rentonwa.gov
CONSULTANT
Lara Kammereck
1200 Fifth Avenue, Suite 900
Seattle, WA 98101
Phone: (206) 538-5157
LKammereck@carollo.com
AGENDA ITEM #2. a)
PAGE 7 OF 10
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A. Consultant, and Consultant’s agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement’s non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton
Council Resolution Number 4085.
18. Miscellaneous: The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
AGENDA ITEM #2. a)
PAGE 8 OF 10
Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision of
Work called for in this Agreement.
F. Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as
that for any persons employed by the Consultant.
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Management. The City’s project manager is Ann Fowler.
In providing Work, Consultant shall coordinate with the City’s contract manager or
his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant’s employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
AGENDA ITEM #2. a)
PAGE 9 OF 10
other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County, Washington, or its replacement or successor. Consultant
hereby expressly consents to the personal and exclusive jurisdiction and venue of
such court even if Consultant is a foreign corporation not registered with the State of
Washington.
H. Severability. A court of competent jurisdiction’s determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant’s performance of
this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Consultant from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
AGENDA ITEM #2. a)
PAGE 10 OF 10
N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON
By:_____________________________
CONSULTANT
By:____________________________
Armondo Pavone
Mayor
Lara Kammereck
Vice President
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
By:____________________________
Brian R. Matson
Senior Vice President
Approved as to Legal Form
By: __________________________
_____________________________
Date
Shane Moloney
Renton City Attorney
Contract Template Updated 03/12/2019
AGENDA ITEM #2. a)
FINAL | JULY |
Exhibit A
SCOPE OF WORK
KENNYDALE LAKELINE SEWER IMPROVEMENTS PROJECT
SCOPE OF SERVICES
The following Scope of Services has been developed to assist the City of Renton (City) with the Kennydale Lakeline
Sewer System. The objective of this phase of the project is to further define the preferred alternative for rehabilitation
and repair of the Kennydale Lakeline Sewer System (Lakeline System) that will address the City's short and long term
issues concerning the system. The following tasks under the Scope of Services have been prepared based on Carollo
Engineers’ Team (Consultant) current understanding of the proposed project and on-going discussions with City staff.
In this phase of the project, the Consultant will provide public outreach, survey, preliminary geotechnical, permitting
and preliminary (7 percent) design plans for the p referred alternative. Design, final design, and construction services
for the project will be completed under future phases.
The Lakeline System serves approximately 99 residential lakefront customers. The system consists of a flush station,
:-inch cast iron Lakeline buried off shore in Lake Washington, 77 ;-inch laterals connecting customers to the Lakeline,
and the Lake Washington No. lift station that pum ps the Lakeline to the King County regional system.
The system is unique in the City, where the flush station provides “freshening” flow twice per day to aid the movement
of wastewater. However, these flows do not clean the Lakeline and over time debris builds up, creating partial
blockages. This leads to surcharging conditions and reduction of the hydraulic capacity. In :, the Carollo team
assisted the City in conducting a Kennydale Lakeline Sewer Improvement and Emergency Cleaning project to clear the
line of debris and improve capacity.
The system, built in @A, is aging and the recent condition assessment, led by the Carollo team, found two locations
with less than years of remaining life. This fin ding was not unexpected as there are numerous high spots and likely
significant H S generation from deposits. Given the condition, the Carollo team assisted the City in evaluating
potential replacement options for the Lakeline as part of the Lakeline System Evaluation that was conducted over
three phases. Based on the planning phases of the project, alternatives include replace-in-place, replace deeper in the
lake, and use of Individual Lift Station (ILS).
The alternatives will have substantial costs and temporary impacts to customers during construction. Further, they will
require a change in future operations for the City. Therefore, key to the success of the ILS alternative will be to have
buy-in from City leadership, as well as external stakeholders. This first phase of the project will conduct customer
engagement to assist in selecting a preferred alternative to conduct preliminary design (7 percent). For the selected
alternative, the preliminary design will define a system that best meets the needs of the City for provision of service,
while assuring the neighborhood that we have built a safe, efficient, and reliable system. This scope of work assumes
the preliminary design of the ILS alternative, since it requires the greatest amount of customer outreach and private
property site investigations. Scope revisions will be required if a different preferred alternative is selected.
It is anticipated that design, public outreach, permitting, and construction of the project is a three-year effort.
AGENDA ITEM #2. a)
| JULY | FINAL
PROJECT ASSUMPTIONS
· The City of Renton and its staff will be referred to as "City" in this document.
· Carollo Engineers, Inc. will be referred to as "Carollo" in this document.
· Subconsultant Tetra Tech, Inc. will be referred to as “Tetra Tech” in this document.
· Subconsultant EnviroIssues, Inc. will be referred to as “EnviroIssues” in this document.
· Subconsultant Confluence Environmental Company will be referred to as “Confluence Environmental” in this
document.
· Subconsultant KPG will be referred to as “KPG” in this document.
· Subconsultant Linescape will be referred to as “Linescape” in this document.
· Subconsultant JMJ Team will be “JMJ Team” in this document.
· Subconsultant Shannon & Wilson, Inc. will be referred to as “Shannon & Wilson” in this document.
· For all Consultant facilitated meetings, the consultant will prepare a meeting agenda, meeting materials, and
meeting summary.
· For Level of Effort Purposes, the ILS alternative will be designed to a 7% level.
· The project will be divided into the following Phases:
- Phase - Preliminary Design
- Phase - Final Design and Bidding Services
- Phase 7 - Engineering Services During Construction (ESDC)
· The City will provide available information related to the project and as requested by the Consultant in a
timely manner. The City shall furnish Consultant available studies, reports, and other data pertinent to
Consultant's services; obtain, or authorize Consultant to obtain, or provide additional reports and data as
required; furnish to Consultant services of others required for the performance of Consultant's services
hereunder, and Consultant shall be entitled to use and rely upon all such information and services provided by
the City or others in performing Consultant's service under this Agreement.
· The Consultant shall perform the services required hereunder in accordance with the prevailing engineering
standard of care by exercising the skill and ability ordinarily required of engineers performing the same or
similar services, under the same or similar circumstances, in the State of Washington.
· The City shall arrange for access to and make all provisions for the Consultant to enter upon public and private
property as required for Consultant to perform services hereunder.
· In providing opinions of cost, financial analyses, economic feasibility projections, and schedules of potential
projects, the Consultant has no control over cost or price of labor and material; unknown or latent conditions
of existing equipment or structures that may affect operation and maintenance costs; comparative bidding
procedures and market conditions; time or quality of performance of third parties; quality, type, management,
or direction of operating personnel; and other economic and operational factors that may materially affect the
ultimate project cost or schedule. Therefore, the Consultant makes no warranty that the City's actual project
costs, financial aspects, economic feasibility, or schedules will not vary from the Consultant's opinions,
analyses, projections, or estimates.
AGENDA ITEM #2. a)
FINAL | JULY | 7
Tasks
The Consultant shall complete the tasks as summarized in the table below and discussed in detail in the text that
follows.
Table Task Summary
Task Deliverable
Preliminary Design
Permitting
7 Public Outreach
J Project Management
Task 100 – Preliminary Design
The purpose of Task is to conduct a preliminary design of the ILS Alternative identified in :’s Kennydale
Lakeline Sewer System Evaluation Project’s Phase and 7 Combined Summary Report. A critical determination facing
the City is the viability of the ILS system with respect to cost, constructability, and social impact. To support the
determination, preliminary design level plans will be developed to provide detailed project elements, cost, and
schedule. The ILS alternative will be designed to a 7% level. To aid in public outreach, property spe cific landscaping
concepts will be developed. Additionally, permitting requirements and property/easements will be evaluated.
Customer impacts and a future operations plan will be clearly defined, as these may be key factors in determining the
viability of the alternative.
Task 100 Subtasks:
. Update Emergency Response Plan. In collaboration with City staff, Tetra Tech will lead the site-specific
Emergency Response Plan from the condition assessment. Tasks of the project will be updated for all expected
field work effort. Expected fieldwork includes surveying, site assessments, and utility locates. The plan will
include names and contact information for relevant parties, responsibilities of parties for various contingencies
(providing parts, coordinating/supervising repairs or response, actual hands-on repairs or response, notifying
public, notifying agencies, etc.) A meeting is proposed to review the draft plan with City staff.
. Establish Property Lines, Easements and Rights of Way. KPG will lead the establishment of property lines,
easements, and right of ways for the project area. The work will include title and right of way research, mapping
of property lines, and summary of existing easement language:
a. Conduct title and right of way research for the project area:
i. Title research of 99 properties. The City currently has J: easement deeds on file from @A. Each deed
will be reviewed and identified on the base map and in an ownership spreadsheet. Additional easement
research will be performed to identify any missing easement deeds. A title report may be needed to
confirm whether an easement does not exist over a particular property (assumes up to A title reports).
ii. Mountain View Ave N right of way research.
iii. Lake Washington Blvd. N Access Road right of way research.
iv. KC Regional Trail right of way research at three (7) sewer crossing.
AGENDA ITEM #2. a)
J | JULY | FINAL
v. Lake Washington Blvd N right of way research at three (7) sewer crossings
b. Map property lines, easements and rights of way based upon survey research and previously located survey
control monuments and property corner pins.
c. Review and summarize easement language and note in an ownership spread sheet. Most easement
descriptions are blanket in nature and do not specify location or width:
i. Meeting . – Easement Review. Facilitate a meetin g with City Staff to review project area property
lines, easements, and Right of Way.
ii. Technical Memorandum (TM) No. - Easement Review. D ocument the Easement summary and review in
a short (9 page) TM.
7. Utility Locate. Linescape will lead Utility locate effort that will locate and mark public and private utilities in the
project area. Survey of marked Utilities will be completed under Task J:
a. Locate Utilities in Right of Way. Includes call in for a design locate and coordinating with utilities located in
right of way or publicly owned areas. Locate of any conductible private utilities.
b. Locate of Private utilities on Private Property. Locate of any conductible private utilities that may be in path
of ILS laterals on 99 properties adjacent to the Lakeline or near a new clean out. Private utilities are defined
as where : stops locating. This task assumes that locates on private property will be completed using
flagging and not paint and that the property owners will not remove the flagging before the locates can be
surveyed as part of Task J.
c. Locate Lakeline at :9 and :A Mountain View Ave. N. The location of the cast iron Lakeline has not been
determined for these properties. Determine if the Lakeline is on land or in the Lake. If on land, locate and
mark the Lakeline.
J. Survey. KPG will lead the survey of the project area, including base mapping of public and private properties. The
Survey will build on previous surveys conducted for the project area for the Lakeline System Evaluation project:
a. Public Properties: Basemap including road limits, topography, location and alignment of public and utility
locates from Task 7, and improvements that inters ect feet of the roadways, such as rockeries:
i. Mountain View Ave N.
ii. Lake Washington Blvd. N Access Road.
iii. Lake Washington Blvd. Sewer Crossing (7).
iv. KC Regional Trail (Rail) at approximately 7 locations impacted by proposed design.
v. Private Properties: Basemap of 99 properties including building corners; property improvements (hard
and soft landscapes that intersect area) within feet from shoreline and roadway; utility locates; and
Digital Terrain Mapping sufficient to create foot contours. This information shall be added to the
existing basemap.
b. Additional survey time of up to J hours to verify specific site features for landscape restoration plans.
c. Meeting J. – Project Area Site Visit – Conduct a site visit of the project area to establish existing
conditions. It is anticipated the site visit will establish potential survey targets. Additionally, key project areas
will be photographed for use in the 7 percent desi gn.
9. Geotechnical. Shannon & Wilson will lead a geotechnical investigation to support the preliminary design of the
alternative that will include:
a. Perform a desktop study of available geotechnical borings.
b. Perform subsurface investigation of Lake Washington Blvd No Crossings (7).
c. Perform subsurface investigation of Kennydale Beach Park to define interface between soil layers.
d. TM No. – Geotechnical Findings. Summarize Geotechn ical findings in a short (9-page) TM.
AGENDA ITEM #2. a)
FINAL | JULY | 9
;. Individual Lift Station 7 percent Design Documents . Develop 7 percent design Drawings, list of Speci fications,
and an Opinion of Probable Construction Cost (OPCC). A preliminary Operations Plan and Constructability review
will also be completed:
a. ILS Operations Plan. Carollo will lead the development of a conceptual Operations Plan for the ILS. The
Operations Plan will outline operation, control schemes, system monitoring, and preventative maintenance
activities:
i. Meeting ;. – ILS Operations Plan. Facilitate a M eeting with City Staff to establish elements of an
operations plan for the ILS. It is anticipated that the meeting will include City review of the ILS Selection
and Sizing; Electrical, Instrumentation, and Control; and O&M of the lateral and forcemains.
b. ILS Selection and Sizing. JMJ Team will lead the analysis of recommended ILS type and sizing. This effort
may include:
i. Prepare analysis of ILS options such as:
) Grinder pumps.
) Chopper pumps.
7) Tank types.
J) Pump configuration (single/duplex).
ii. Determine sizing of ILS options based on fixture usage, such as number of fixture unit, square footage of
buildings, building expansion potential.
iii. Prepare ILS civil site plans for the 99 properties that include:
) Excavation limits.
) ILS specifics to the property such as flotation mitigation, ILS size.
7) Location of ILS.
J) Location of Side Sewer.
9) Location of ILS controller.
;) Relationship to property lines, existing structures, existing landscape.
c. Trenchless ILS Lateral Installation. Carollo will lead the design of trenchless ILS lateral installation with
coordination with the City, Shannon & Wilson and J&J Team. The design may include:
i. Identify potential location of entry/exit pit. Determine extent of disturbance, pit depth, amount of
excavation. Routing will consider public and private underground utilities, as well as existing landscaping
or structural improvements.
ii. Identify risks for trenchless installation, including risk of slurry discharge into Lake Washington.
d. ILS Forcemain. Carollo will lead the design of the ILS forcemain. The design may include the routing,
addressing utility conflicts, pipe sizing and connections with laterals. It is anticipated the Forcemain will
discharge into the City’s gravity system at three locations:
i. As part of the design, simulate new sewer connections in the City’s Mike Urban hydraulic model for the
existing and buildout conditions. Identify any new deficiencies and potential improvements.
e. Individual Restoration / Landscape Concepts. KPG will lead the formulation of restoration and landscaping
concepts for the disturbed project areas. Individual landscaping restoration concepts will be developed for the
99 properties. The work effort will include:
i. Site visit to field check survey of existing private landscape and hardscape improvements on 99 properties
to be disturbed by selected alternative:
) Inventory existing plant/tree species, hardscape types and other existing features that will need to be
replaced in kind.
ii. Identify existing site features (e.g. trees, hardscape areas, planters) to be protected from construction
disturbance:
) Coordinate with civil design to protect significant features where possible and determine limits of
disturbance.
AGENDA ITEM #2. a)
; | JULY | FINAL
iii. Prepare individual landscape restoration concepts for 99 properties:
) Define lawn areas.
) Define hardscape areas by type (e.g. pavers, brick, concrete).
7) Define planter areas:
a) Prepare site-specific plant list to match existing.
b) Prepare planting details.
J) Identify existing hedges and trees to be replaced:
a) Prepare site-specific tree list to match existing.
iv. Prepare individual conceptual figures for property owners showing proposed restoration for each of
99 properties (including limits of disturbance, features to be removed/protected, proposed restoration
[e.g. lawn, hardscape, planter, hedge/tree], and plant list).
v. Meeting ;. – Restoration / Landscape Plan Outrea ch Preparation. Facilitate a meeting with the City
and public outreach team members to review individual property restoration / landscaping plans in
preparation of direct outreach to property owners.
f. Electrical, Instrumentation, and Controls. Design of the ILS electrical, instrumentation, and Controls (EI&C)
system will be led by Tetra Tech. Development EI&C related to the ILS. Provide preliminary layout of power
supply including standby power generator, transformers and routing for an independent power supply.
g. Meeting ;.7 – PSE Coordination. Facilitate a meet ing with PSE and City to discuss potential modifications
to the neighborhood electrical system to support ILS on each property. Constructability and Customer
Impacts review. Tetra Tech will lead a review of the constructability of the ILS to identify potential risks for
the City. As part of this review, Customer Impacts will be identified and documented for both potential
temporary and permanent, including:
i. Interruption of service during ILS installation and testing and electrical system installation.
ii. Impacts to customers due to change of service type from gravity to ILS-based system.
h. Constructability and Customer Impacts review. Tetra will lead a review of the constructability of the ILS to
identify potential risks for the City. As part of this review, Customer Impacts will be identified and documented
for both potential temporary and permanent, including:
i. Interruption of service during ILS installation and testing and electrical system installation.
ii. Impacts to customers due to change of service type from gravity to ILS-based system.
i. Construction Schedule. Carollo will lead the preparation of a construction schedule.
j. OPCC Update. Carollo will lead the preparation of an AACE Class 7 estimate based on the draft 7 perce nt
Plans:
i. TM No 7. – OPCC 7 Percent Design Estimate. Provide a brief basis of estimate TM (up to ; pages).
k. Meeting ;.J – ILS 7 Percent Design Review. Facili tate a meeting with City Staff to review the 7 per cent
design. This meeting will be held prior to submitting the Plans for City review and will include review of
Constructability and Customer Impacts.
A. Lakeline Blockage Location Identification. This task will take advantage of being on properties for additional
survey work to include new field work beyond previous City attempts to further locate the blockages in the
existing system.
a. Identify Blockage Locations. Carollo will lead the identification of blockage locations:
i. Seek to identify potential blockage locations through CCTV observations of water elevations in system
during Flush station operation as a means to estimate the location of partial blockages. It is assumed City
Operators will assist with the operation of the Flush Station and provide the CCTV pushcam and crew for
up to three days in this task:
) Attend fieldwork operation.
AGENDA ITEM #2. a)
FINAL | JULY | A
) Undertake hydraulic assessment using existing Lakeline model. Document modeling in a
presentation to the City.
7) Meeting A. – Review Blockage Locations. Meet with the City to discuss results and estimated
locations of remaining partial blockages.
:. ILS Definition. Following completion of Task ;, C arollo will facilitate review and documentation of the ILS
alternative in collaboration with City staff to assist with internal and external communication.
a. Meeting :. – ILS Definition Workshop. Facilitate a workshop with City staff to review the ILS alternative.
b. TM No. J – ILS Definition TM. Prepare a TM to document the review of the ILS Alternative (up to 7 pag es) to
assist the City in internal and external communication.
Assumptions
· Interpretation of blanket easements statements will be made by City staff.
· The City will be responsible for any changes to existing easements or securing new easements.
· No in-lake analysis will be required.
· No additional pipe condition information will be collected as part of this task.
· Intent of landscape restoration is to:
- Match what is existing at the time of design and replace what is disturbed/removed in kind,
- Provide screening with plant materials of infrastructure (e.g. pumps, cleanouts, etc.) installed on private
property as part of the project, as required.
· Utilities will be located in the following areas:
- Mountain View Ave N of approximately ,A ft.
- Lake Washington Blvd. N Access Road of approximately ,J ft.
- King County Regional Trail and Lake Washington Blvd. N sewer crossings (7) of approximately 9 feet
· Private water lines that are plastic more than likely will not be located.
Meetings
· Meeting . – Easement Review.
· Meeting J. – Project Area Site Visit.
· Meeting ;. – ILS Operations Plan.
· Meeting ;. – Restoration / Landscape Plan Outrea ch Preparation.
· Meeting ;.7 – PSE Coordination.
· Meeting ;.J – ILS 7 Percent Design Review.
· Meeting A. – Review Blockage Locations.
· Meeting :. – ILS Definition Workshop.
Deliverables
· Emergency Response Plan.
· Updated Basemap with Property Lines, Easements and Right of Ways, Utility Locations, and other
basemapping.
· TM No. – Easement Summary.
· TM No. – Geotechnical Findings.
· Individual Lift Station 7 percent Design Documents .
· ILS Operations Plan.
· TM No. 7 – OPCC Estimate 7 Percent Design.
· TM No. J – ILS Definition TM.
AGENDA ITEM #2. a)
: | JULY | FINAL
Task 200 – Permitting
The purpose of Task is to inform the environmen tal impacts of the ILS alternative and to develop, submit, and
coordinate permitting. Confluence Environmental will lead all permitting subtasks. For scope and budget purposes,
likely environmental permits required are included in Task . It is assumed the City will submit all environmental
permits and develop and submit non-environmental permits for the project. Depending on the ultimate limits of the
ILS Alterative, the scope and budget may be amended to reflect the revised project.
Task 200 Subtasks:
. Meeting . - Purpose and Need Workshop (Confluen ce Environmental). A workshop will be held to develop
an appropriate purpose and need statement for the project based on the City’s goals and objectives. This process
will be conducted to be consistent with the guidelines established under Section JJ(b) of the Clean Water Act.
A carefully crafted purpose and need statement can be an effective tool in controlling the scope of the project,
thereby increasing efficiencies by eliminating unnecessary project aspects and reducing delays in the process.
The defined purpose and need will help establish criteria to be used for the review of the ILS alternative. The
workshop will be approximately J hours:
a. TM No. 9 – Project Purpose and Need. Prepare a brief TM (up to pages) to document the project purpos e
and need, as well as project criteria.
. Permitting of ILS Alternative (Confluence Environmental). This task includes the preparation of permit
applications and supporting document as well as coordination with the City, resource agencies, and design
consultants, as described in the following subtasks:
a. Meetings . to .J - Permit Coordination with City and Design Team. This task includes the
coordination of permitting efforts based on the ILS alternative being developed for the City. Preparation and
participation for up to J meetings with the design team will be used to discuss project status, information
needs, schedule, etc. to inform preparation and submittal of permit applications and supporting
documentation.
b. Permit Acquisition Matrix. A Permit Acquisition Matrix will be developed for review by the City, prior to
permit preparations to the permit agencies and jurisdictions. This includes a draft schedule, resource
agencies involved, and contact information.
c. Meetings .9 to .; - Permitting Staff Coordina tion. This task includes coordination with resources
agencies to clarify the project purpose and need; associated permit information; and updates to permit
schedules. This Task includes preparation and participation of up to meetings with City permit revie w staff.
Copies of correspondence with permitting staff will be provided to the City.
d. Permit Applications. Prepare draft environmental permit applications for City review. Incorporate City
comments to develop the completed permit applications. It is assumed the City will act as the permit
applicant and be responsible for applicable permit fees. The flowing permits are assumed to be developed:
City of Renton:
. Critical Areas Land Use Permit (CALUP).
. Shoreline Exemption or Shoreline Substantial Development Permit.
7. SEPA Checklist (Renton SEPA Lead Agency).
Assumptions
· No in-water work is assumed and no State or Federal permits will be required for the ILS alternative.
· The City will act as the permit applicant and be responsible for applicable permit fees.
AGENDA ITEM #2. a)
FINAL | JULY | @
· Permit figures and drawings will be provided by the City or design engineers for permit applications and
supporting documents in the required format permit applications.
· Permit review comments will only require clarification and not substantial additional analysis or additional
field work.
· No wetland delineations will be required.
· Rights of Entry for sewer line condition assessment will be obtained by the City.
· Project will disturb less than acre cumulatively; result in less than ½ acre wetland disturbance and less
than / acre wetland loss. (These thresholds trig ger additional permit requirements).
Meetings
· Meeting . – Purpose and Need Workshop (Confluen ce Environmental).
· Meetings . to .J – Permit Coordination with City and Design Team.
· Meetings .9 to .; – Permitting Staff Coordina tion.
Deliverables
· TM No. 9 – Project Purpose and Need.
· Permit Acquisition Matrix.
· Draft copies of each permit application, with appropriate attachments.
· Completed permit applications, with attachments.
· Copies of correspondence with permitting staff.
Task 300 - Public Involvement
The purpose of Task 7 is to implement a public in volvement plan to engage customers during the preliminary
design. EnviroIssues will lead all subtasks.
· Preliminary design phase: Share the selected alternative for maintaining sewer service with customers and
gather their feedback on the alternative through online engagement, mailed and online notifications, and
individual property owner meetings. Includes notifications to customers for fieldwork activities to inform
preliminary design and coordination on easement review and acquisition, as needed.
Task 300 Subtasks:
7. Public involvement plan:
a. Develop a Public Involvement Plan (PIP) to cover outreach plans and strategy for the preliminary design
phase of the project. Development of the public involvement plan will be done in coordination with the City
and include consideration of language needs, key stakeholders that will represent a broad range of interests,
and equitable outreach to ensure effective outreach.
b. Meeting 7. – Communication kick-off meeting. Fac ilitate a communications kick-off meeting at
beginning of the Project. It is anticipated the meeting will aid in the development of the PIP.
7. Property owner engagement:
a. Meeting 7. to Meeting 7.99 Property Owner Enga gement. Property owner meetings with up to 99
properties, including notification, scheduling, tracking, prep, coordinating interpretation services for in-
language meetings as needed, travel, meeting staffing, and summary development.
AGENDA ITEM #2. a)
| JULY | FINAL
i. Property owner meeting topics will likely include a discussion of the project, selecting the preferred
alternative, and potential property impacts to help the property owners provide feedback on the
selected alternative.
ii. Develop materials to educate customers on tradeoffs between alternatives to aid in discussing and
select a preferred alternative. Materials are anticipated to include three poster boards and three
handouts that include pictures and schematics of each alternative.
b. Meeting 7.9; to Meeting 7.;A Property Owner Pre p Sessions. Up to phone/virtual prep meetings fo r
the City, outreach team, and technical team to review property information in preparation for the week’s
upcoming property owner meetings.
c. Develop materials for and conduct up to rounds of fieldwork notifications (i.e., email, flyering, and phone
calls) to the 99 properties to support project activities during the preliminary design phase.
d. Prepare up to newsletters to share project update s during the preliminary design phase of the project.
77. Online engagement:
a. Provide materials for City owned and developed project website. It is assumed the City website will be the
gateway to all online public outreach where materials will be uploaded by City staff.
b. Prepare content for up to ; for web updates for the preliminary design phase of the project.
c. Prepare and submit up to : email updates during the preliminary design phase of the project.
d. Develop up to online open house using the partici pate online platform, including look-and-feel
development, site deployment, content development, and analytics tracking:
i. Meeting 77. Review Online Open House No. . Facil itate a meeting to review materials for Online
Open House No. . It is anticipated Online Open Hou se No. will include early design overview.
e. Prepare up to survey to gather feedback during pr operty owner meetings and the online open house.
f. Prepare notifications for up to online open house .
7J. Public Affairs support:
a. Provide strategic advice for internal and external public affairs support to share information about the
importance of the Kennydale Lakeline Sewer Improvements project and how the City will be able to address
and solve the problem of maintaining sewer service
b. Meeting 7J. to 7J. Public Affairs Meetings. Pre pare for and participate in up to public affairs overall
strategy and messaging meetings.
c. Develop materials to use in briefings with key stakeholders (neighborhood, community, elected official,
jurisdiction and key civic leader representatives and organizations). This may include up to brochure s, fact
sheets or other materials.
d. Meeting 7J.7 to 7J.A – Key Stakeholder Briefings. Logistics and staffing support, notetaking, and
summaries of up to 9 briefings with key stakeholders.
79. Develop and Maintain Stakeholder Database. Build and maintain email list for up to 99 property owners and
other interested parties using the existing database as an initial starting point. Using proprietary software
(EnviroLytical), EnviroIssues will update and maintain a project-specific subscription for tracking contacts,
organizations, communications, activities and parcels. Users may include City and Consultant staff; each user will
be provided unique login credentials and be designated with read-only, editor or manager permissions. Upon
project completion, Consultant will provide data reports (Word, PDF) and data exports (Excel) directly from
EnviroLytical and the project subscription will be permanently deleted. EnviroLytical data are backed up daily
and stored off site to ensure data security:
a. Update EnviroLytical as needed to record:
i. Changes in ownership of properties in the project areas.
ii. Communications to and from property owners and other affected parties.
AGENDA ITEM #2. a)
FINAL | JULY |
iii. Notifications sent or delivered to properties and contacts.
iv. Communication and parcel information from notes collected by crews while in the field.
v. Property owner meetings.
b. Up to J quarterly communication reports.
Assumptions
· The City will lead all coordination on easement acquisition.
· All property owner meetings will be staffed by pu blic outreach professional, technical team member , and
at least City Staff.
· Third-party interpretation services will be utilized to support in-language property owner meetings as needed
to ensure property owners are able to fully participate.
· The Consultant team will coordinate printing and mailing, but the City will conduct or pay directly for all
printing, mailing and postage charges.
· MailChimp will be used to manage email updates.
· The City will post all final web content on the City-run project website.
· The City will approve all content and final materials. All deliverables assume draft and final unl ess
otherwise noted.
Meetings
· Meeting 7. –Communication kick-off meeting.
· Meetings 7. to 7.99 – Property owner engagemen t.
· Meetings 7.9; to 7.;A - Property owner prep ses sions.
· Meeting 77. – Review Online Open House No. .
· Meeting 7J. to 7J. – Public Affairs Meetings.
· Meeting 7J.7 to 7J.A – Key Stakeholder Briefings.
Deliverables
· Public Involvement Plan.
· Property Owner Engagement Meetings Notifications and Summaries.
· Project Newsletters.
· Materials and Surveys for Online Open House.
· Public Affairs materials and meeting summaries.
· EnviroLytical Database.
· Quarterly Communication Reports.
Task 400 – Project Management
The purpose of task J is to manage the consulting team’s scope, budget and schedule to meet the project
objectives. This includes regular project meetings and monthly progress reports with the City.
Task 400 Subtasks
J. Monthly Progress Reports and Invoices. This subtask includes preparing and submitting the work-in-progress
reports and monthly invoices showing current project scope, budget, and schedule status and identifying key
issues, or elements of the project that will need to be addressed in the proceeding weeks. An electronic version
of the monthly progress reports and invoices will be sent to the City for review and approval.
AGENDA ITEM #2. a)
| JULY | FINAL
J. Update Project Management Plan. Develop a Project Management Plan (PMP). Describe project roles and
responsibilities, lists contact information for the project team, describes communications protocols, the quality
management plan, and includes the activities s cope of services, budget, and project schedule.
J7. Meeting J7. - Project Kickoff Meeting. A project kick-off meeting will be held with the Consulting team and
City. The meeting will include a review of the City expectations, roles and responsibilities, and preferred
strategies, tools, and tactics to support acti vities.
JJ. Meeting JJ. to JJ.J - Monthly City Project Mana gement Meetings. Facilitate a meeting with City Staff
monthly to review and discuss project management. This coordination meeting will occur at the City office or at
the project site.
J9. Meetings J9. to J9.: Team Internal Meetings. Ho ld internal team meetings up to twice-monthly to review
the work performed and task for the next month. It is assumed that a total of : meetings will be held over this
phase of the project.
Assumptions
· This phase of the project is anticipated to last fourteen (J) months.
· Subconsultants may participate in Kick-off meeting via phone conference rather than in person.
Meetings
· Meeting J7. – Project Kickoff Meeting.
· Meetings JJ. to JJ.J – Monthly City Project Man agement Meetings.
· Meetings J9. to J9.: – Team Internal Meetings.
Deliverables
· Monthly progress reports and invoices.
· Project management plan.
AGENDA ITEM #2. a)
FINAL | JULY | 7
Summary
The following tables provide a summary of the meetings and deliverables anticipated for this scope of services
Table Meetings Summary
Task Meeting No. Meeting Location
Meeting . Easement Review City
Meeting J. Project Area Site Visit Project S ite
Meeting ;. ILS Operations Plan City
Meeting ;. Restoration / Landscape Plan Outr each Preparation City
Meeting ;.7 PSE Coordination PSE
Meeting ;.J ILS 7 Percent Design Review City
Meeting A. Review Blockage Locations City
Meeting :. ILS Definition Workshop City
Meeting . Purpose and Need Workshop
(Confluence Environmental) City
Meetings . to .J Permit Coordination wit h City and Design Team City
Meetings .9 to .; Resource Agency Coordination Permit Agency
7 Meeting 7. Task Communication kick-off m eeting City
7 Meeting 7. to 7.99 Property Owner Engagement Project Site
7 Meeting 7.9; to 7.;A Property Owner Prep Se ssions Conference Call
7 Meeting 77. Online Open House Development Task City
7 Meeting 7J. to 7J. Public Affairs Meetings City
7 Meeting 7J.7 to 7J.A Key Stakeholder Briefings City
J Meeting No. J7. Project Kickoff Meeting City
J Meetings JJ. to JJ.J Monthly City Project Manager Meetings City
J Meetings J9. to J9.: Internal Team Meetings Carollo
AGENDA ITEM #2. a)
J | JULY | FINAL
Table 7 Deliverable Summary
Task Deliverable
Emergency Response Plan
Updated Basemap with Property Lines, Easements and Right of Ways, Utility
Locations, and other basemapping
TM No. – Easement Summary
TM No. – Geotechnical Findings
Individual Lift Station 7 percent Design Document s
ILS Operations Plan
TM No. 7 – OPCC Estimate 9 Percent Design
TM No. J – ILS Definition TM
TM No. 9 – Project Purpose and Need
Permit Acquisition Matrix
Draft copies of each permit application, with appropriate attachments.
Completed permit applications, with attachments.
Copies of correspondence with permitting agencies.
7 Public Involvement Plan with two updates.
7 Property Owner Engagement Meetings Notifications and Summaries.
7 Materials and Surveys for Online Open Houses
7 Public Affairs materials and meeting summaries
7 EnviroLytical Database
7 Quarterly Communication Reports
J Monthly progress reports and invoices.
J Project management plan.
AGENDA ITEM #2. a)
Exhibit BKennydale Lakeline Sewer Improvements ProjectDRAFTLevel of Effort7/14/2020 Task Carollo Tetratech EniviroIssues Linescape KPG Shannon & Wilson Confluence Env. J&J Team Sub Markup @ 5% Total Task 100 - Preliminary Design $ 189,239 $ 117,515 $ - $ 19,750 $ 204,434 $ 6,360 $ - $ 92,192 $ 22,013 $ 651,503 Task 200 - Permitting $ 16,321 $ 13,823 $ - $ - $ - $ - $ 43,295 $ - $ 2,856 $ 76,295 Task 300 - Public Involvement $ 83,161 $ 31,536 $ 175,963 $ - $ - $ - $ - $ - $ 10,375 $ 301,035 Task 400 - Project Management $ 55,302 $ 25,158 $ 18,875 $ 1,000 $ 11,390 $ 6,805 $ 20,081 $ 16,144 $ 4,973 $ 159,727 Total $ 344,023 $ 188,032 $ 194,838 $ 20,750 $ 215,824 $ 13,165 $ 63,376 $ 108,336 $ 40,216 $ 1,188,560 AGENDA ITEM #2. a)
ID Task Name Duration Start Finish Predecessors1NTP0 daysFri 8/28/20Fri 8/28/202Task 100: Preliminary Design220 daysFri 9/4/20Thu 7/8/219Task 200: Environmental and Permitting275 daysThu 10/1/20Thu 10/21/2113Task 300: Public Involvement110 daysFri 9/18/20Thu 2/18/2117Task 400: Project Management300 daysFri 8/28/20Thu 10/21/218/28JulAugSepOctNovDecJanFebMarAprMayJunJulAugSepOct2021EXHIBIT CKennydale Lakeline Improvements ProjectSOW Exhibit CAGENDA ITEM #2. a)
EXHIBIT D
CAROLLO ENGINEERS, INC.
FEE SCHEDULE
As of January 1, 2020
Engineers/Scientists
Hourly Rate
Staff Professional $120.00 to 140.00
Lead Professional $140.00 to 160.00
Senior Professional $160.00 to 180.00
Supervisory Professional $180.00 to 210.00
Quality Manager $230.00 to 250.00
Project Manager $210.00 to 230.00
Technicians
GIS/CAD Technician $120.00 to 140.00
Support Staff
Document Processing / Clerical $90.00 to 110.00
Project Equipment Communication Expense
(PECE) Per DL Hour
13.00
Other Direct Expenses
Airfare based on regular coach fare at cost
Hotel based on corporate rate for a
single room for one person
Mileage at IRS Reimbursement Rate
Effective January 1, 2020
at cost
$.575 per mile
Subconsultant at cost + 5%
Other Direct Cost (invoiced per occurrence with backup) at cost + 5%
Expert Witness Rate x 2.0
This fee schedule is subject to annual revisions due to labor adjustments.
AGENDA ITEM #2. a)
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AeroGRID, IGN, and the GIS User Community
LOCATION: Lake Washington between2727 Mountain View Ave N and 3903 LakeWashington Blvd N, Renton, WA 98056
LAKE WASHINGTON
CITY OF RENTON
CITY OF MERCER ISLAND
±
PROJECT LOCATION
0 1,600 3,200800FeetVICINITY MAP AGENDA ITEM #2. a)
Kennydale LakelinePreliminary DesignConsultant Contract
AGENDA ITEM #2. b)
Requesting approval to execute an agreement with Carollo Engineers, Inc. for the Kennydale LakelineSewer Improvements Project
Purpose
AGENDA ITEM #2. b)
Kennydale Lakeline History
1972 –Lakeline Constructed
(LID 270)
•4,700 feet long / Flush
Station / Lift Station
•Serves 55 homes and
Kennydale Beach Park,
with 37 services (some
homes share a common
side sewer)
•95% constructed in the
lake up to 50 feet from
shore with no more than
2 feet cover
I-405
Kennydale
Lakeline
AGENDA ITEM #2. b)
Kennydale Lakeline History
2000 –TetraTech Kennydale
Lakefront Sewer Predesign
Report
•Recommended adding 3
access ports -completed
in 2004
•Recommended flush
station improvements -
completed in 2005
•Re-establish brass tags on
docks to ease locating the
main
•Evaluated alternatives
Kennydale
Lakeline
Lake Washington
Blvd N
AGENDA ITEM #2. b)
Kennydale Lakeline History
2016 –Carollo Condition Assessment and Alternatives Analysis
•Surveyed lakeline location
•Condition assessment identified a partial blockage (70% approx.)
2018 –Emergency project installed additional access ports, cleaned the
main, and provided CCTV inspection
*Conditions that caused blockage remain
AGENDA ITEM #2. b)
Kennydale Lakeline History
2019 –Carollo completed their report and provided alternatives
•Alternative 1 –Replace the lakeline in same location ($25 Million)
•Difficult to do while in operation
•Would need to construct under existing docks
•Alternative 2 –Replace the lakeline further out in lake ($52 Million)
•Most expensive alternative
•Permitting would be very difficult
•Alternative 3 –Install individual lift stations (~$7-10 Million)
•Package stations would need to be installed for most properties
•Greatest impact to individual property owners
•Lowest cost, best long term solution
•Proposed Alternative AGENDA ITEM #2. b)
Alternative 3Challenges
•Property owner concurrence
•In order for the individual lift station alternative to work, all of
the property owners will need to allow the city access to
construct the improvements.
•Constructability
•The city will need to be flexible in the design to allow for a
variety of situations.
•Operations and maintenance
•As part of the project, the maintenance needs and
responsibility will be determined, along with how to provide
power to the individual lift stations.AGENDA ITEM #2. b)
Alternative 3
Constructability Challenges (continued)
•Landscape Restoration
•Access
•Waterfront work
AGENDA ITEM #2. b)
Carollo EngineersPreliminary Design Contract
Task Cost
Preliminary Design $651,503
Permitting $76,295
Public Involvement $301,035
Project Management $159,727
Total $1,188,560
AGENDA ITEM #2. b)
Schedule
Preliminary
Design
•2020-2022
Permitting and
Final Design
•2022-2024
Construction
•2025
AGENDA ITEM #2. b)
Conclusion
The Wastewater Utility has elected to further
explore the Individual Lift Station Alternative for a variety of reasons:
•Permitting for replacement or rehabilitation of the lakeline will require evidence that no other feasible alternative exists.
•Allows for the elimination of the lakeline, thereby removing the associated maintenance and environmental concerns associated with owning and maintaining a sewer system in the lake.
•Provides a long-term solution for maintenance,
operation and sewer service.AGENDA ITEM #2. b)
Conclusion
Alternative 3 –Installing individual lift stations is
the best alternative:
•Lowest cost alternative
•Better for the environment
•Ability to obtain permits
•Operations and maintenance benefits
•Best long term solution
AGENDA ITEM #2. b)
Recommendation
Execute an agreement with
Carollo Engineers, Inc. for the
Kennydale Lakeline Sewer
Improvements Project in the
amount of $1,188,560.AGENDA ITEM #2. b)