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Section 6. Construction Provisions and Standards. The following provisions
<br />shall be considered mandatory and failure to abide by any conditions described herein
<br />shall be deemed as non-compliance with the terms of this Franchise Agreement and
<br />may resultin some or all of the penalties specified in Section 6.
<br />1. Permit Required. No construction, maintenance or repairs (except for
<br />emergency repairs) shall be undertaken in the Franchise Area without first obtaining
<br />appropriate permits from the City of Tukwila, Department of Public Works. In case of an
<br />emergency, Sprint shall, within 24 hours of the emergency, obtain a permit from the City
<br />of Tukwila's Public Works Department,
<br />2. Coordination. All capital construction projects performed by Sprint within
<br />the Franchise Area shall be inspected by a City inspector. All work and inspection shall
<br />be coordinated with the Engineering Division of the Public Works Department to ensure
<br />consistency with City infrastructure, future Capital Improvement Projects, all developer
<br />improvements, and pertinent codes and ordinances.
<br />3, Construction Standards, Any construction, installation, maintenance and
<br />restoration activities performed by or for Sprint within the Franchise Area shall be
<br />constructed and located so as to produce the least amount of interference with the free
<br />passage of pedestrian and vehicular traffic. All construction, installation, maintenance
<br />and restoration activities shall be conducted such that they conform to the City's
<br />development guidelines and standards and comply with Title 11 of the Tukwila
<br />Municipal Code.
<br />4. Underground Installation Required. All telecommunications cables and
<br />junction boxes or other vaulted system components shall be installed underground
<br />unless otherwise exempted frorn this requirement, in writing, by the Public Works
<br />Director.
<br />5, Relocation.
<br />a. The City shall have the right to require Sprint to alter, adjust, relocate,
<br />or protect in place its facilities within the public right-of-way when reasonably necessary
<br />for construction, alteration, repair, or improvement of any portion of the public rights-of-
<br />way for purposes of public welfare, health, or safety ("Public Improvements"), Such
<br />Public Improvements include, by way of example but not limitation, public rights-of-way
<br />construction; public rights-of-way repair (including resurfacing or widening); change of
<br />public rights-of-way grade: construction, installation or repair of sewers, drains, water
<br />pipes, power lines, signal lines, communication lines, or any other type of government-
<br />owned communications, utility or public transportation systems, public work, public
<br />facility, or improvement of any government-owned utility; public rights-of-way vacation,
<br />and the construction of any public improvement or structure by any governmental
<br />agency acting in a governmental capacity. In the event the City requires Sprint to
<br />relocate its facilities, the City shall provide Sprint with written notice requesting such
<br />relocation, along with plans for the public improvement that are sufficiently complete to
<br />allow for the initial evaluation, coordination and the development of a relocation plan.
<br />The City and Sprint shall meet at a time and location determined by the City to discuss
<br />the project requirements including critical timelines, schedules, construction standards,
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