Loading...
HomeMy WebLinkAboutUtility Franchise Agreement UTILITY FRANCHISE AGREEMENT for the TUKWILA STORM DRAINAGE INTERCEPTOR (P-1 STORM INTERCEPTOR) THIS UTILITY FRANCHISE is given the 25th day of March, 1996, by the City of Renton, King County, Washington, a municipal corporation ("Renton" or "Grantor") to the City of Tukwila, King County, Washington, a municipal corporation ("Tukwila" or "Grantee"). SECTION I. Recitals: 1 .01 . Tukwila has applied to Renton for a storm water utility franchise to maintain and operate a storm drainage interceptor, including main, structures and appurtenances along, under and across a city street and Renton public easements through private properties within the franchise agreement service area. 1 .02. The franchise agreement service area is located in the Renton right-of-way of Southwest 16th Street and a public easement over private property between the east side of Burlington Northern Railroad Tracks (Renton/Tukwila cooperate boundary) to Springbrook Creek in the South half of Section 24, Township 23 North, Range 4 East in Renton, King County, Washington (See Exhibit "A"). 1 .03 The storm drainage interceptor consists of a 48-inch main with structures and appurtenances and was constructed as a condition of the Boeing Customer Service Training Center in accordance with the requirements of both Renton and Tukwila. 1 .04 The storm drainage interceptor serves an area located only in Tukwila which is permitted to discharge to its natural location (Springbrook Creek/P-1 Channel) in accordance with a Renton and Tukwila Interlocal Agreement Regarding Reciprocal Annexations executed on July 7, 1986. 1.05 The Renton City Council has reviewed and considered such application for utility franchise. WHEREFORE, in consideration of the terms and conditions herein, Renton hereby grants to Tukwila a storm drainage utility franchise as follows: SECTION II, Tukwila Storm Drainage Interceptor Utility Franchise: 2.01. Renton, pursuant to Ordinance No. 4592 duly and regularly enacted by its Council on the 25th day of March, 1996, hereby grants Tukwila the right, privilege, authority and franchise to install, construct, maintain and operate a storm drainage interceptor along, under and across such City SW 16th Street rights-of-way and public easements, subject to all the terms and conditions herein. 2.02 This Utility franchise shall apply to those portions of the Tukwila Storm Drainage Interceptor lines and appurtenances within the City of Renton's present rights-of-way as referenced in paragraph 1.02 above. VM01 ti W City of Tukwila/City of Renton Utility Franchise Agreement Page 2 SECTION III, Definitions: The following definitions are provided for the sole purpose of proper interpretation and administration of this ordinance: (1) Construction or Construct shall mean constructing, laying, and extending a storm drainage interceptor. (2) Drainage System, System, and Lines used either in the singular or plural shall mean and include the storm drainage interceptors, pipe lines, mains, structures, manholes, connections, and all attachments, appurtenances, and appliances necessary and incidental thereto or in any way appertaining to the conveyance of and use of stormwater, and which are located within Public Properties. (3) Maintenance, Maintaining, or Maintain shall mean and include relaying, renewing, repairing, replacing, examining, adjusting, testing, operating, inspecting, removing, digging and excavating, and restoring operations incidental thereto. (4) Public Properties shall mean City of Renton public highway, street and alley rights of way or public easements, within the present and/or any future corporate limits of the City. (5) Administrator shall mean the Administrator of the Department of Planning/Building/Public Works of the City of Renton, or any successor office with responsibility for management of the Public Properties within the City of Renton, or his/her designee. (6) Relocation, Relocate or Relocated shall mean and include the reconstruction or replacement of any or all of the existing storm interceptor in an alternate location such that the horizontal and/or the vertical alignment of the existing facility is changed. SECTION IV. Conditions of Grant of Franchise: (A) The Tukwila Storm Drainage Interceptor and associated facilities constructed, operated, maintained across Renton City streets, public easements or public places covered by this franchise shall be constructed, operated and maintained in compliance with all applicable laws, codes and regulations of the Federal, State, County and Local governmental agency having jurisdiction thereover. SECTION V. Term of Agreement: Termination: Right to Amend: (A) Term of Agreement - The rights and privileges granted by this agreement will be in perpetuity over the life of the Tukwila storm drainage interceptor commencing on the date this agreement becomes effective. (B) Termination - Only by mutual written consent by both cities can this agreement be terminated. (C) Right to Amend - The grantor reserves for itself the right at any time upon ninety (90) days written notice to the grantee, to so change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any `AW01 r.r City of Tukwila/City of Renton Utility Franchise Agreement Page 3 state statute, order of the Washington Utilities and Transportation Commission or Grantor regulation, relating to the public welfare, health, safety or right of way regulation, as may hereafter be enacted, adopted or promulgated and this franchise may be terminated at any time if the grantee's lines and facilities are not operated or maintained in accordance with such statute or regulation. SECTION VI. Reservation of Police Power: All the rights herein granted shall be subject to and governed by this Ordinance; provided, however, that the Renton City Council expressly reserves unto itself all its police power to adopt ordinances necessary to protect the health, safety and welfare of the general public in relation to the rights hereby granted not inconsistent herewith. SECTION VII. Construction on Public Properties: (A) Permits Required: Except in the case of an emergency, prior to commencing construction or maintenance work on Public Properties, covered by this franchise agreement, Grantee shall first file with the Grantor detailed plans, specifications and profiles of the intended work as may be prescribed by the Renton City Council and Administrator, and shall receive an appropriate permit or permits from Renton prior to commencing such work. Grantee shall comply with all terms, conditions, standards and insurance coverages as may be required under the terms of the permit. (B) Entry upon Public Properties: After obtaining the necessary permit from the Administrator in the manner prescribed by Ordinance, the Grantee may enter upon, dig, and excavate the Public Properties covered by this franchise agreement of the City of Renton as hereinabove specified, as now laid out or which may hereafter be established or acquired, for the purpose of constructing, laying, operating, and maintaining the Grantee's drainage system, either in whole or in part, used, to be used, or which may be used in conveying surface water runoff from any point or points within the franchise agreement service area as specified in Section 1.02. The work will be done in accordance with the terms of the permits and ordinances of the City of Renton regulating the opening and breaking of Public Properties and all building and fire codes and ordinances of the City of Renton. (C) Location of Improvements: In all cases where practicable, the mains and pipes of the Grantee shall be maintained and improved so as not to unnecessarily or unreasonably tear up the streets except where necessary and required to cross streets as determined by the Grantee and approved by the Administrator. The location of all mains, laterals, and appurtenances, and their depth below the surface of the ground or grade of any Public Properties, shall be determined and fixed by the Administrator, so long as the location or depth is not inconsistent with applicable regulations of federal or state agencies having jurisdiction over the Grantee. (D) Preference in Installations: The Grantor shall have prior and superior right to the use of its streets and alleys and Public Properties for installation and maintenance of its utilities, public improvements and other governmental purposes, and should a conflict arise with the Grantee's lines, the Grantee shall, at its own expense and cost, conform to the utilities and other government *4W City of Tukwila/City of Renton Utility Franchise Agreement Page 4 purposes of the Grantor in the event that a reasonably feasible alternative is available. The Grantee shall have preference over the owners of all private utilities (facilities other than Grantor's) installed in such public properties after installation of the lines and facilities of the Grantee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such Public Properties. Grantee shall pay all reasonable costs of and expense necessarily incurred by Grantor in the examination, inspection and approval of all plans and specifications for, and all details of construction of, all facilities involved herein. (E) Relocation of Facilities: If the Grantor should pave or otherwise improve Public Properties, including utility facilities, relocate the same or change the grade thereof, or provide for the relocation of any such street, and such work should require the relocation or moving of any portion of the storm drainage system of the Grantee, including relocating or readjusting the elevation of its lines and facilities to conform to such new grades as may be established, such work shall be done expeditiously by the Grantee and its successors and assigns at its own cost and expense. All work to be performed by the Grantee under this Section shall be performed as may be required by the terms of this franchise. If relocation of the facility is determined to be required, the Grantor will determine another suitable location for the drainage system within the Grantor's public properties such that the new location provides equivalent services to the same service area that the existing drainage system provides. (F) Construction Standards: All pipelines and appurtenant facilities shall be laid and installed in conformity with the maps and specifications filed with the Grantor except in instances in which deviation may be allowed thereafter in writing by the Administrator pursuant to application by the Grantee. All plans and specifications shall specify the class and type of material and equipment to be used, manner of excavation, construction and installation, backfill, erection of temporary structures, erection of permanent structures, and the traffic control mitigation measures as provided by the Manual on Uniform Traffic Control Devices, or similar standards as may be applicable from time to time. No such construction shall be commenced without the Grantee first securing a permit in writing from the Administrator. All such work shall be subject to the approval of and shall pass the inspection of the Grantor by and through its Administrator or other designated official. All such construction shall meet the standards set forth in the Control Zone Guidelines promulgated by the State of Washington, Department of Transportation for protection of utility objects in traffic hazard areas to the extent the Guidelines are applicable. (G) Supervision of Installations: Notwithstanding any provision herein to the contrary, any excavations and installations by the Grantee in any of the Public Properties within the corporate limits of the City of Renton shall be done in accordance with such reasonable rules, regulations, resolutions, and ordinances of general application now enacted or to be enacted by the Renton City Council, relating to excavations in Public Properties of the City of Renton, and under the direction and supervision of the Administrator. All of Renton's actual administrative expenses directly related to such supervision, shall be paid by the Grantee to Renton upon invoice. (H) Repair of Grantor's Facilities: The Grantee shall leave all streets, avenues, roads, alleys, lanes, public places, and ways of Renton after laying and installing mains and doing construction work, making repairs to equipment, etc., in as good and safe condition in all respects as is practicable, as they were before the MW '+err"' City of Tukwila/City of Renton Utility Franchise Agreement Page 5 commencement of such work by the Grantee, its agents, or contractors. In case of any damage to said streets, avenues, utilities systems, avenues, roads, alleys, lanes, public places and ways, to the pavement, turnouts, gutters, ditches, walks, utility lines, rails, bridges, trestles, wharves or landings, and other improvements by the Grantor, the Grantee shall immediately repair all damage at its sole cost and expense. The Renton City Council may at any time, after giving prior written notice to Grantee, do, order and have done any and all work considered necessary to restore to a safe condition any such streets, avenues, utility systems, roads, alleys, lanes, public places and ways, or pavement, turnouts, gutters, ditches, walks, utility lines, rails, bridges, trestles, wharves or landings left by the Grantee or its agents in a condition dangerous to life or property, and the Grantee, upon demand, shall pay to the Grantor all costs of such construction or repair and of doing such work. In the event of any excavation through a paved public property, Grantee shall restore the paved area to a standard and condition acceptable to the Administrator as specified in the permit to be issued for the work. Patching methods approved by the Administrator to repair the excavation and the surface of the paving to as near the standard of the original pavement as is possible may include the use of a thermal in-place asphalt patch or approved equal and/or the full overlay of the paved area, for asphalt paved streets, and the replacement of the affected portion of the panel to the nearest existing expansion joints for concrete paved streets. (1) Other Permits Required: Nothing in this franchise agreement shall relieve the grantee of the obligations to obtain any and all necessary federal, state and City permits for the construction, reconstruction, maintenance and operation of its facilities within Renton. (J) Record of Installations: The Grantee shall at all times keep full and complete plans, specifications, profiles and records showing the exact location, and size of all lines heretofore laid in the City of Renton within the franchise agreement public properties, and showing the location of all manhole, catch basins, outlets, and such plans, specifications, profiles, and records shall be kept current by the Grantee. These records shall be subject to inspection at all reasonable times by the proper officials and agents of the Grantor, and a copy of these plans, specifications, profiles and records, shall be furnished to the Grantor upon request. SECTION Vill, Temporary Removal of Facilities: When necessary, in order to permit any duly authorized person across, upon, along or within any public properties within the franchise agreement, the Grantee shall temporarily raise or remove its pipes, fixtures, and appurtenances upon Public Properties, upon reasonable notice in advance from such person, such notice to bear the approval of such official as the Renton City Council may designate, and at such time and in such manner as may be reasonably necessary to accommodate such moving, consistent with the maintenance of proper service to the Grantee's customers. The cost to the Grantee of such temporary raising or removal and of any interruption of the Grantee's service to its customers caused thereby, shall first be paid or provided for by the owner or mover of such building or facility. The temporary removal of facilities shall be done at the Grantee's expense. IWAOF City of Tukwila/City of Renton Utility Franchise Agreement Page 6 SECTION IX. Indemnification and Release: A. In the construction, monitoring, installation, repair, replacement, operation and maintenance of the Tukwila Storm Drainage Interceptor, Tukwila shall use reasonable and proper precautions to avoid damage to persons, public property private property. B. Each party hereby agrees to protect and save harmless the other party, officers, agents and employees, from all claims, actions or damages of every kind or description which may accrue to or be suffered by any person or persons, corporation or property by reason of or occasioned in whole or in part by any act or activity carried on by either party, its officers, agents, contractors or employees in the exercise of or in the furtherance of the privileges and authority granted herein. To this extent, each party waives whatever rights against such suit it may have by virtue of the State Worker's Compensation laws. In the event, if any claim or demand is presented to or filed with either party which may give rise to either party's duty to hold the other harmless, each party shall, within a reasonable time, notify the other party of such claim and demand. Renton shall have the right, at its election, to settle or compromise such claim or demand. In the event any suit or action is commenced in which Renton is named as a party, and which suit or demand alleges facts which might give rise to the Tukwila's obligation to hold Renton harmless, Tukwila shall be timely notified thereof, and Tukwila shall have the right, at its sole cost and expense, to defend, settle or compromise such suit of action by attorneys of its own election. Should Tukwila decline to defend such suit or action and it is determined by a court of law that Tukwila has a duty under this agreement to hold Renton harmless in connection with the cause of action alleged in such suit or action, Tukwila hereby agrees to reimburse Renton for Renton's costs and expenses, including reasonable attorneys' fees incurred in defending such suit or action, and in prosecuting Renton's right to be held harmless. C. The provisions of this section shall not be construed to require Tukwila to hold harmless, appear and defend, pay any judgment or reimburse the Grantor's costs as to any claim, demand, suit or action which arises out of the sole negligence of Renton. In the event of concurrent negligence between Tukwila and Renton, the provisions of this section shall apply to the extent of each party's negligence. D. Renton shall have the right at all times to participate through its own attorney in any suit or action which arises out of any right, privilege and authority granted by or exercised pursuant to this agreement where Renton determines that such participation is required to protect the interests of Renton or the public. SECTION X. Vacation of Right-of-Wax: If at any time the Grantor shall vacate any street or right of way or other Grantor property which is then used for utility purposes pursuant to the rights granted by this franchise, the Grantor will, at the request of the Grantee, in its vacation procedure, reserve an easement for any existing franchise holder. err' '"✓ City of Tukwila/City of Renton Utility Franchise Agreement Page 7 SECTION XI Non-exclusive Franchise: This franchise shall not be deemed to be an exclusive franchise. It shall in no manner prohibit the Grantor from granting other franchises of a like nature or franchises for other public or private utilities under, along, across, over and upon any of the Grantor's streets, alleys, or public thoroughfares or properties subject to this franchise, and shall in no way prevent or prohibit the Grantor from constructing, altering, maintaining or using any of said streets, utility systems, alleys, draining facilities, irrigation structures or facilities or public places, or affect its jurisdiction over them or any part of them, with full power to make all necessary changes, relocations, repairs, and maintenance as the Grantor may deem fit from time to time. SECTION XII, Dispute Resolution; Remedies and Forfeiture: In the event of the occurrence of any dispute between the Grantor and Grantee arising by reason of this agreement, or any obligation of either party under this agreement, that dispute shall be resolved under the terms of this Section which shall be the sole remedy for resolution of any such dispute. (A) Initial Recourse: Upon request of either party, such dispute shall be first referred to the operational officers designated by the Administrator and the Grantee to have oversight over the administration of this agreement. Such officers shall meet within fifteen (15) days and make a good faith attempt to mediate a resolution of the dispute. (B) Determination by Administrators: In the event that the parties are unable to mediate a resolution of the dispute under the procedure set forth above within thirty (30) days, then the dispute shall be referred to the Grantor's Administrator and the Grantee's City Administrator for resolution of the dispute. (C) Arbitration: If the dispute has not been resolved pursuant to subparagraphs (B) or (C), then the matter shall, at the request of either party, be referred to the American Arbitration Association for resolution in accordance with its rules governing commercial arbitrations. An award of the expenses of the arbitration, and the attorneys fees and arbitration expenses incurred by the prevailing party, as determined by the arbitrator, shall be included as a part of the award. (D) Other Remedies: In addition to other remedies provided herein, the Grantor reserves and has the right to pursue any remedy to compel or force the Grantee to comply with the terms hereof, and to furnish the service herein called for. The pursuit of any right or remedy by the Grantor shall not prevent the Grantor from thereafter declaring a forfeiture for any reason herein stated after giving the notice required under Subsection (F) below, nor shall the delay of the Grantor in declaring a forfeiture preclude it from thereafter doing so, unless the action of the Grantor shall have prevented, caused, or contributed materially to the failure to perform or do the act or thing complained of. (E) Forfeiture: In addition to other remedies provided herein, in case of failure on the part of the Grantee, to comply with any of the provisions of this franchise agreement, or if the Grantee does or causes to be done any act or thing prohibited by, or in violation of the terms of this franchise agreement, the Grantor shall give fifteen (15) days' written notice of such violation and of its intention to revoke the franchise if such violation is not corrected within such City of Tukwila/City of Renton Utility Franchise Agreement Page 8 fifteen (15) day period, or such longer period of time as may be provided by the Grantor. Upon expiration of such period and failure of the Grantee to eliminate such violation, the Grantee shall forfeit all rights and privileges granted by this agreement, and all of its rights thereunder shall cease and terminate. In the event the rights and privileges hereby granted are not diligently exercised and/or in the event the Grantee shall fail for a period of one (1) month to operate its system, except in case of any reasons beyond the control of the Grantee, this franchise shall terminate and all of the rights and privileges granted hereunder shall cease and desist, without any further action being necessary on the part of the Grantor. SECTION XIII. Abandonment of Facilities: In the event Grantee decides to discontinue using and abandons any of its facilities, or the Grantor reasonably determines that Grantee has discontinued using and abandoned any of its facilities, Grantee shall, at its sole cost and as directed by the Grantor, abandon its facilities in a manner rendering them completely safe. As part of making reasonable determination that the Grantee has discontinued use and abandoned the facility, the Grantor shall provide in writing to the Grantee the rationale by which the Grantor has determined that the Grantee has discontinued use and invite the Grantee to respond within thirty (30) calendar days. Abandoning facilities in place shall not relieve the Grantee of the obligation and/or costs to remove or alter such facilities in the event the Grantor determines and requests Grantee, in writing, to remove or alter such facilities as is necessary for the installation, operation or maintenance of any Grantor-owned utility, public improvement or for the health and safety of the public, in which case the Grantee shall perform such work in a timely manner at no cost to the Grantor. In the event Grantee does not perform such work within a reasonable time following written notice from the Grantor, the Grantor may do, order, have done, any and all work on such abandoned facilities, and the Grantee, upon demand, shall pay to the Grantor all costs of such work. Grantee shall be responsible for any environmental review required for the abandonment of any facility and payment of any costs of such environmental review. SECTION XIV. Emergency Response Plan: Grantee shall prepare and file with the Grantor an emergency management plan for responding to any emergency condition related to the operation and maintenance of the franchise facility. The plan shall designate responsible officials and emergency 24-hour on-call personnel and the procedures to be followed when responding to an emergency. After being notified of an emergency, Grantee shall cooperate with the Grantor and make every effort to respond as fast as practical with action to minimize damage and to protect the health and safety of the public. SECTION XV. Acceptance by Grantee: After the passage of an ordinance approving this franchise agreement and legal publication and recording of such ordinance as provided by law relating to granting of franchises, and if accepted thereafter within thirty (30) days by the Grantee, the Grantee shall indicate such acceptance by its filing with the City Clerk of the City of Renton an Unconditional Written Acceptance thereof. The failure of the Grantee to so accept this franchise agreement within that period of time shall be deemed a rejection thereof by the Grantee, and all rights and privileges herein granted shall, after the expiration of the thirty (30) day period, if not so accepted, absolutely cease and desist unless the period of time shall be extended by the Grantor by proper ordinance duly passed for that purpose. *Awe *4604, City of Tukwila/City of Renton Utility Franchise Agreement Page 9 SECTION XVI, Severability: If any section, subsection, paragraph, sentence, clause, or phrase of this franchise agreement is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this franchise agreement. SECTION XVII. Effective Date: This franchise agreement shall be in full force and effect from and after passage, approval, and legal publication of an ordinance approving this franchise agreement as provided by law, and provided it has been duly accepted by Grantee as hereinabove provided. *W,r `40* City of Tukwila/City of Renton Utility Franchise Agreement Page 9 UNCONDITIONAL ACCEPTANCE The undersigned, the CITY OF TUKWILA, hereby accepts all the rights and privileges of the above granted franchise, subject to all the terms, conditions, and obligations contained therein. Dated this , � day of 1995. May Attest to: . � � C� Clerk ity Attorney Exhibits: Exhibit "A" Tukwila Storm Drainage Interceptor Franchise Agreement Service Area Map Exhibit "B" Tukwila Storm Drainage Interceptor Bill of Sale Exhibit "C" As-built Drawings H:DOCS:95-170:RJS:ps I I ',o I �� I I I � • 1-405 i I ii �S S.W. 16TH STREET [IIII][I A I r_I1 rOO-f = 1 I S.W. 19TH STREET I� 158TH SR I 1 TU KWI l PTO tL i y I S.W. 23RD STREET. 1 j W i 1 S.W. 27TH STREET J z cc Q p l J J !w I X RENTONzi I ' WI o F J F=-� �. J Z i 1 >i V zll� LL. zj I I I 31 al �il� I I S.W. 34TH ! z i J 1 v I I STREET I i it i I I I i II I I I i I i I .L z City of Trukrwg,la Vicinity Map