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location and nature of the franchise is all streets, alleys, lanes, public easements, and
<br />other rights -of -way throughout the City of Tukwila within said Water District.
<br />Section 2. The Grantee shall commence construction work, on all permits issued
<br />under this franchise, within six months from and after the issuance of the permit or the
<br />permit shall become void.
<br />Section 3. The location of the water pipe, laterals and appurtenances, their depths
<br />below surface of ground or grade of any road, street, avenue, alley or public place,
<br />shall be determined and fixed by the City of Tukwila and before any work is done by
<br />the Grantee under this franchise, it shall first file with the City of Tukwila an
<br />application for permit to do such work, accompanied by blueprints (permit form and
<br />blueprints in triplicate), showing the position and location of all mains laterals and
<br />extensions sought to be constructed, laid, installed or erected at the time, showing their
<br />relative property line upon points drawn to scale, designating said roads or streets by
<br />their names and number, showing widths of curbs, gutters, shoulders of roadway,
<br />ditches, paved roadways, roadways to property lines, turnouts, parking strips,
<br />telephone or electric distribution lines, water pipelines, etc., as may exist on ground
<br />sought to be occupied. The Grantee shall specify the class and type of materials used
<br />shown in detail plats, equipment to be used and mode of safeguarding and facilitating
<br />the public traffic during construction. All such materials and equipment shall be new
<br />or like -new condition for its type and kind and manner of excavation, construction,
<br />installation, backfill and temporary structures as traffic turnouts, road obstructions,
<br />etc., shall meet with the approval, pass all requirements of and be constructed under
<br />the supervision of the City of Tukwila. The said Grantee shall pay to the City of
<br />Tukwila all costs of and expenses incurred in the examination, inspection and
<br />supervision of such work, on account of granting of said permit.
<br />Section 4. Traffic control shall comply with the Manual on Uniform Traffic
<br />Control Devices and the City of Tukwila Development Standards. The traffic control
<br />plan shall provide for safe and efficient traffic movement and shall be submitted for
<br />approval with the permit application.
<br />Section 5. The Grantee shall in no event allow construction by any contractor
<br />under contract with Grantee to occur in any area covered by the franchise granted
<br />herein, without restoring the surface to the condition specified in the permit and which
<br />complies with the City of Tukwila Development Standards.
<br />Section 6. In case of any damage to streets, alleys, avenues or public places, or to
<br />paved roadways, turnouts, gutters, ditches, wood or concrete walks, drain pipes, hand
<br />or embankment rails, bridges, trestles, wharves, or landings by the Grantee, the said
<br />Grantee agrees to immediately repair said damage at its own sole costs and expense in
<br />compliance with Tukwila Development Standards.
<br />Section 7. The City of Tukwila may, in the event the water district cannot
<br />respond in a timely manner, do, order and have done any and all work considered
<br />necessary to restore to a safe condition any such street avenue, alley, road or public
<br />place left by the Grantee or agents in a condition dangerous to life or property, and the
<br />Grantee, upon demand, shall pay to the City all costs including administrative
<br />overhead of such construction or repair and of doing such work.
<br />Section 8. The Grantee does hereby agree for itself to protect and save harmless
<br />the City of Tukwila or any of its agents from all claims, actions or damages of every
<br />kind and description which may occur to or be suffered by any person or persons,
<br />corporation or property by reason of any faulty construction, defective material or
<br />equipment or maintenance, or by the improper occupation of said rights -of -way, by the
<br />said Grantee or by reason of the negligent, improper or faulty manner of safeguarding
<br />any excavations, temporary turnouts, or inefficient operation by the Grantee of its
<br />pipelines over said streets, avenues, alleys, roads and public places as hereinbefore
<br />designated, and in case that suit or action is brought against the said City of Tukwila
<br />for damages arising out of or by reason of the above mentioned causes, the Grantee
<br />will, upon notice to it of the commencement of said action, defend the same at its sole
<br />cost and expense, and in case judgment shall be rendered against the City of Tukwila in
<br />suit or action, will fully satisfy said judgment within ninety (90) days after said suit or
<br />action shall have finally been determined, if determined adversely to the City of
<br />Tukwila; provided that the Grantee herein shall have the right but not the obligation to
<br />WD2OFRAN.DOC 8/25/95 2
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