TIC 2018-07-23 Item 2C - Ordinance - Small Cell Technology Franchise Agreement with Mobilitie LLC

Browse Search

harmless, and pay the costs of defending the City from and against any and all claims, suits, actions, damages, or liabilities for delays on public improvement construction projects caused by or arising out of the failure of Mobilitie to adjust, modify, protect in place, or relocate its Facilities in a timely manner; provided that, Mobilitie shall not be responsible for damages due to delays caused by the City. 14. Removal or Abandonment. Upon the removal from service of any service antennas or other associated structures, Facilities and/or amenities, Mobilitie shall comply with all applicable standards and requirements prescribed by the City of Tukwila's Public Works Department for the removal or abandonment of said structures and Facilities. No Facility Constructed or owned by Mobilitie shall be abandoned without the express written consent of the City. 15. Bond. Before undertaking any of the work, installation, improvements, Construction, repair, relocation, or maintenance authorized ,0 this Franchise Agreement, Mobilitie shall, upon the request of the City, furnish one b % • executed by Mobilitie for all of its Facilities in the City's rights-of-way, in the amou and! ne'100125,000.00.. At Franchisee's so'o tio4 ranchisee may provide alternate amount as the security bo d. All forms of security s o bends e` onably credit, the Y '/�,� fo m Yacceptable to the City. The bond shall be conditioned so tha e shall observe all the covenants, terms, and conditions and shall faithfully erform of the obligations of this Franchise Agreement, and repair or replace any d Mobs' �work or materials discovered in the City's roads, streets, or property. Ar 16. "One -Call" L• > fp an , lability. Mobilitie shall subscribe to and maintain membership in the r conal ne �$J" utility location service and shall promptly locate all of its lines upon 7 / ri p jue,�%o�j� /�y shall not be liable for any damages to Mobilities system compo nts / /ft in service to Mobilitie customers which are a direct result of !P for any City project for which Mobilitie has failed to properly locate its,' -s and "" '' lilt% within the prescribed time limits and guidelines established byOne�e � I. The C�-� shall also not be liable for any damages to the Mobilitie system components old;; y p r int /Uptions in service to Mobilitie customers resulting from work performed under alssued by the City. 17. As -Built Plans Required. Mobilitie shall maintain accurate engineering plans and details of all installations within the City limits and shall provide, at no cost to the City, such information in both paper form and electronic form using the most current AutoCAD version prior to close-out of any permits issued by the City and any work undertaken by Mobilitie pursuant to this Franchise Agreement. The City shall reasonably determine the acceptability of any as -built submittals provided under this section. 18. Recovery of Costs. Mobilitie shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise Agreement or under ordinances of the City in effect on the date the permits and authorizations are issued for the affected Facilities. Where the City incurs reasonable costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise Agreement or any ordinances relating to the subject for which W Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to C.O.W. 6-28-18 CK:bjs: LH Page 11 of 24 66