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12. Underground Installation Required. All telecommunications cables and
<br />junction boxes or other vaulted system components shall be installed underground
<br />consistent with the requirements of Tukwila Municipal Code Section 11.32.090(B),
<br />unless otherwise exempted from this requirement, in writing, by the Public Works
<br />Director provided, however, this requirement shall not apply to the Facilities that are
<br />required to remain above ground in order to be functional.
<br />13. Relocation.
<br />a. The City shall have the right to require VERIZON to alter, adjust,
<br />relocate, re -attach, secure, or protect in place its Facilities within the public right-of-way
<br />when reasonably necessary for construction, alteration, repair, or improvement of any
<br />portion of the public rights-of-way for purposes of public welfare, health, or safety
<br />("Public Improvements"). Such Public Improvements include, but are not limited to:
<br />public rights-of-way construction; public rights-of-way repair (including resurfacing or
<br />widening); change of public rights-of-way grade; construction, installation or repair of
<br />sewers, drains, water pipes, power lines, signal lines, communication lines, or any other
<br />type of government-owned communications, utility, or public transportation systems,
<br />public work, public facility, or improvement of any government-owned utility; public
<br />rights-of-way vacation, and the construction of any public improvement or structure by
<br />any governmental agency acting in a governmental capacity. In the event the City
<br />requires VERIZON to relocate its Facilities, the City shall provide VERIZON with written
<br />notice requesting such relocation, along with plans for the public improvement that are
<br />sufficiently complete to allow for the initial evaluation, coordination and the development
<br />of a relocation plan. The City and VERIZON shall meet at a time and location
<br />determined by the City to discuss the project requirements including critical timelines,
<br />schedules, construction standards, utility conflicts, as -built requirements, and other
<br />pertinent relocation plan details. The City shall notify VERIZON as soon as practicable
<br />of the need for relocation and shall specify the date by which relocation shall be
<br />completed. Except in case of emergency such notice shall be no less than 90 days.
<br />b. To ensure timely execution of relocation requirements, VERIZON shall,
<br />upon written request from the City, provide at VERIZON's expense, base maps, current
<br />as -built information, detailed relocation plan (including detailed schedule of relocation
<br />activities, identification of critical path, identification of Facilities, and relocation
<br />procedures), and other design, technical or operational requirements within the time
<br />frame specified by the City.
<br />c. VERIZON may, after receipt of written notice requesting a relocation of
<br />its Facilities, submit to the City written alternatives to such relocation within the time
<br />specified by the City. Such alternatives shall include the use and operation of
<br />temporary Facilities in adjacent rights-of-way. The City shall evaluate such alternatives
<br />and advise VERIZON in writing if one or more of the alternatives are suitable to
<br />accommodate the work, which would otherwise necessitate relocation of the Facilities.
<br />If requested by the City, VERIZON shall submit additional information to assist the City
<br />in making such evaluation. The City shall give each alternative proposed by VERIZON
<br />full and fair consideration. In the event the City, in its sole discretion, decides not to
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