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Ordinance No. AltIl-1.Z
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING A TEMPORARY NON-
EXCLUSIVE FRANCHISE TO TYCOM NETWORKS (US), INC., A
NEVADA CORPORATION LEGALLY AUTHORIZED TO CONDUCT
BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSE
OF CONSTRUCTING, OPERATING, AND MAINTAINING A
TELECOMMUNICATIONS TRANSMISSION LINE IN CERTAIN
PUBLIC RIGHTS -OF -WAY IN THE CITY; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, TyCom Networks (US), Inc, hereinafter referred to as "TyCom" is a long
haul carrier for fiber optic cable, and TyCom Networks (US), Inc. is a carriers' carrier and
intends to have no local service distribution network in the Puget Sound Area; and
WHEREAS, TyCom's desired route through the City of Tukwila hereinafter referred to as
"City" requires the use of certain portions of City rights -of -way for the installation, operation,
and maintenance of a telecommunication system which will include fiber -optic cables; and
WHEREAS, the City Council has determined that the use of portions of the City's rights
of -way for installation of telecommunication transmission lines is appropriate from the
standpoint of the benefits to be derived as a result of such services; and
WHEREAS, the City Council also recognizes that the use of public rights -of -way must be
restricted to allow for the construction of amenities necessary to serve the future needs of the
citizens of Tukwila and that the coordination, planning, and management of the City's rights
of -way is necessary to ensure that the burden of costs for the operations of non municipal
interests are not borne by the citizenry; and
WHEREAS, the City Council has determined that the development of a comprehensive
plan for rights -of -way use and management is the most effective means for managing the
current use of rights -of -way and ensuring prudent and appropriate decisions concerning the
use of rights -of -way in the future; and
WHEREAS, TyCom has determined that it is in their best interests to move forward with
the installation of facilities within the public rights -of -way prior to the completion of the
comprehensive rights -of -way use and management plan and has agreed to abide by the terms
and conditions of such a plan once it has been completed;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Non exclusive Temporary Franchise Granted.
A. The City of Tukwila hereby grants to TyCom Networks (US), Inc., subject to the
conditions prescribed in this ordinance "Franchise Agreement the franchise rights and
authority to construct, replace, repair, monitor, maintain, use and operate the equipment and
facilities necessary for an underground telecommunication transmission system, which
TyCom franchise 6 -01 1
includes fiber -optic cable, within the City -owned rights -of -way generally described below, and
shown in Exhibit A, and hereinafter referred to as the "Franchise Area
Route description for conduit and cable placement in the City of Tukwila. The
route begins from the South City limits along Tukwila International Boulevard (Pacific
Highway South), thence North to the intersection of East Marginal Way South to North City
limits.
B. Such franchise shall not be deemed to be exclusive to TyCom and shall in no way
prohibit or limit the City's ability to grant other franchises, permits, or rights along, over, or
under the areas to which this Franchise Agreement has been granted to TyCom; provided, that
such other franchises do not unreasonably interfere with TyCom's exercise of franchise rights
granted herein as determined by the City. This franchise shall in no way interfere with
existing utilities or in any way limit, prohibit, or prevent, the City from using the Franchise
Area or affect the City's jurisdiction over such area in any way.
Section 2. Authority. The Director of Public Works or his or her designee is hereby
granted the authority to administer and enforce the terms and provisions of this Franchise
Agreement and may develop such rules, policies, and procedures as he or she deems necessary
to carry out the provisions contained herein.
Section 3. Construction Provisions and Standards. The following provisions shall be
considered mandatory and failure to abide by any conditions described herein shall be
deemed as non compliance with the terms of this Franchise Agreement and may result in
some or all of the penalties specified in Section 4.
A. Permit Required. No construction, maintenance, or repairs (except for emergency
repairs) shall be undertaken in the Franchise Area without first obtaining a Franchise Utility
Permit from the City of Tukwila, Department of Public Works. In case of an emergency,
TyCom shall within 24 hours of the emergency, obtain a Franchise Utility Permit from the City
of Tukwila Department of Public Works.
B. Coordination. All capital construction projects performed by TyCom within the
franchise area shall be inspected by a contract inspector. All work and inspection shall be
coordinated with the Engineering Division of the Public Works Department to ensure
consistency with City infrastructure, future Capital Improvement Projects, all developer
improvements, and pertinent codes and ordinances.
C. Construction Standards. Any construction, installation, maintenance, and
restoration activities performed by or for TyCom within the Franchise Area shall be conducted
and located so as to produce the least amount of interference with the free passage of
pedestrian and vehicular traffic. All construction, installation, maintenance, and restoration
activities shall be conducted such that they conform to City of Tukwila standards in effect at
the time that such activities take place, and as detailed in Exhibit B.
D. Underground Installation Required. All telecommunications cables and junction
boxes or other vaulted system components shall be installed underground unless otherwise
exempted from this requirement, in writing, by the Director of Public Works.
E. Relocation. When the City determines that it is necessary for any of TyCom's
facilities or other system components to be moved or relocated to accommodate the
maintenance, construction, or enhancement of any City -owned public amenity in the franchise
area, the City shall notify TyCom in writing of such determination, and TyCom shall promptly
submit plans for such relocation. Within 120 days of the approval by the City of the plans for
relocation, TyCom shall relocate those facilities or structures designated by the City. All costs
of moving or relocating such facilities or structures, including but not limited to costs for
design, engineering and construction, shall be the sole responsibility of TyCom, except where
TyCom had paid for the relocation cost at request of the City within the past five years.
Relocation must be done in a non discriminatory manner.
TyCom franchise 6 -01 2
F. Removal or Abandonment. Upon the removal from service of any transmission
lines or other associated structures, facilities and amenities, TyCom shall comply with all
applicable standards and requirements prescribed by the City of Tukwila Public Works
Department for the removal or abandonment of said structures and transmission facilities.
G. Performance Bond. The Public Works Director for the City of Tukwila reserves the
right to require TyCom to obtain a performance bond for any work which the Director deems
to pose a threat to any property or public safety. Such bond shall be issued by a company
licensed by proper authority of the State of Washington and shall be filed with the City Clerk's
Office until release is authorized by the Public Works Director.
H. "One Call" Location Liability. TyCom shall subscribe to and maintain
membership in the regional "One -Call" utility location service and shall promptly locate all of
its lines upon request. The City shall not be liable for any damages to system components or
for interruptions in service to TyCom customers which are a direct result of work performed
for any City project for which TyCom has failed to properly locate its lines and facilities within
the prescribed time limits and guidelines established by One -Call. The City shall also not be
liable for any damages to the TyCom system components or for interruptions in service to
TyCom customers resulting from work performed under any Franchise Utility Permit issued
by the City.
I. As Built Plans Required. TyCom shall maintain accurate engineering plans and
details of all installations within the City limits and shall provide such information in both
paper form and electronic form, using Autocad 14, or a more recent release, prior to close -out
of any Franchise Utility Permit issued by the City and any work undertaken by TyCom
pursuant to this Franchise Agreement. The City shall determine the acceptability of any as-
built submittals provided under this section.
Section 4. Franchise Compliance.
A. Franchise Violations. The failure by TyCom to fully comply with any of the
provisions of this Franchise Agreement may result in a written notice from the City which
describes the violations of the Franchise Agreement and requests remedial action within thirty
(30) days of receipt of such notice. If TyCom has not attained full compliance at the end of the
thirty (30) day period following receipt of the violation notification, the City may declare an
immediate termination of all franchise rights and privileges; provided that full compliance was
reasonably possible within that thirty (30) day period. The demonstration of due diligence on
the part of TyCom may be grounds for the grant of an extension in the period during which
compliance is to be attained; provided that, TyCom continues to pursue correction of any
violations of the Franchise Agreement noted by the City.
B. Emergency Actions.
1. If any of TyCom's actions, or any failure by TyCom to act to correct a situation
caused by TyCom is deemed by the City to create a threat to life or property, the City may
order TyCom to immediately correct said situation threat or, at the City's discretion, the City
may undertake measures to correct said situation threat itself; provided that, when possible,
the City shall notify TyCom of said threat and give TyCom an opportunity to correct said
threat before undertaking such measures itself. TyCom shall be liable for all costs, expenses,
and damages attributable to the correction of such an emergency situation as undertaken by
the City to the extent that such situation was caused by TyCom and shall further be liable for
all costs, expenses, and damages resulting to the City from such situation and any
reimbursement of such costs to the City shall be made within thirty (30) days of written notice
of the completion of such action or determination of damages by the City. The failure by
TyCom to take appropriate action to correct a situation caused by TyCom and identified by
the City as a threat to public or private safety or property shall be considered a violation of the
Franchise Agreement terms and each day that such a situation continues to exist and TyCom
fails to take appropriate action to abate said situation shall be regarded as a separate violation.
2. If during construction or maintenance of TyCom's facilities any damage occurs
to an underground facility and the damage results in the release of natural gas or other
TyCom franchise 6 -01 3
hazardous substance or potentially endangers life, health, or property, TyCom or its contractor
shall immediately call 911 or other local emergency response number.
C. Other Remedies. Nothing contained in this Franchise Agreement shall limit the
City's available remedies in the event of TyCom's failure to comply with the provisions of this
Franchise Agreement, to include but not limited to, the City's right to sue for specific
performance and /or damages.
D. Removal of System. In the event that this Franchise Agreement is terminated as a
result of violations of the terms of this Franchise Agreement, TyCom shall at its sole expense,
promptly remove all transmission system components and facilities, provided that, the City, at
its sole option, may allow TyCom to abandon its facilities in place.
Section 5. Insurance.
A. TyCom shall maintain liability insurance written on a per occurrence basis during the
full term of this franchise for personal injuries and property damages. The policy shall name
the City of Tukwila as additionally insured and shall contain coverage in the following
minimum amounts per separate occurrence:
1. Personal Injury $5,000,000 per person $10,000,000 per occurrence.
2. Property Damage $5,000,000 per claimant $10,000,000 per occurrence.
3. $1,000,000 for all other types liability including claims for damages for invasion
of the right of privacy; for defamation of any person, firm, or corporation; for the violation or
infringement of any copyright, trademark, trade name, service mark or patent; or, for damage
to any other person, firm, or corporation arising out of or alleged to arise out of failure to
comply with the provisions of any statute, regulation or resolution of the United States, State
of Washington, or any local agency with jurisdiction.
B. Such insurance policy shall also contain a policy provision that it cannot be revoked,
canceled, or reduced without thirty (60) days advance written notice to the City, and TyCom
shall, upon request by the City, annually provide proof of such insurance to the City Clerk's
Office.
Section 6. Other Permits and Approvals. Nothing in this agreement shall relieve
TyCom from any obligation to obtain approvals or necessary permits from applicable federal,
state, and City authorities for all activities in the Franchise Area.
Section 7. Transfer of Ownership.
A. The rights, privileges, benefits, title, or interest provided by this franchise shall not be
sold, transferred, assigned, or otherwise encumbered, without the prior written consent of the
City, with such consent not being unreasonably withheld or delayed. No such consent shall be
required, however, for a transfer in trust, by other hypothecation, or by assignment of any
rights, title, or interest in TyCom's telecommunication system in order to secure indebtedness.
Approval shall not be required for mortgaging purposes provided that the collateral pledged
for any mortgage shall not include the assets of this franchise, or if such transfer is from
TyCom to another person or entity controlling, controlled by, or under common control with
TyCom.
B. In any transfer of this Franchise Agreement which requires the approval of the City,
TyCom shall show that the recipient of such transfer has the technical ability, financial
capability, and any other legal or general qualifications as reasonably determined by the City
to be necessary to ensure that the obligations and terms required under this Franchise
Agreement can be met to the full satisfaction of the City. The qualifications of any transferee
shall be determined by hearing before the City Council and the approval to such transfer shall
be granted by Resolution of the City Council. Any administrative costs associated with a
transfer of this franchise, which requires the approval of the City, shall be reimbursed to the
City within thirty (30) days of such transfer.
TyCom franchise 6 -01 4
Section 8. Franchise Term. The franchise rights granted herein shall remain in full force
and effect for a period of three (3) years from the effective date of this ordinance; or, one
hundred eighty (180) days from the adoption by the City Council of a rights -of -way use
management plan prescribing new terms and conditions under which TyCom may occupy
City rights -of -way, whichever shall occur first; provided that TyCom files with the City Clerk,
a document acknowledging consent to the terms and conditions herein in the form attached
hereto as Exhibit C; and that such plan is applied in a non discriminatory and competitively
neutral manner. Failure on the part of TyCom to file said consent within thirty (30) days of the
effective date of this ordinance shall void and nullify any and all rights granted under this
Franchise Agreement.
Section 9. Administrative Fees.
A. TyCom shall be subject to a $3,000 administrative fee for reimbursement of all costs
associated with the preparation, processing, and approval of this Franchise Agreement. These
costs shall include but not limited to wages, benefits, overhead expenses, equipment, and
supplies associated with such tasks as plan review, site visits, meetings, negotiations, and
other functions critical to proper management and oversight of City's right -of -way.
Administrative fees exclude normal permit processing fees. Payment of the one -time
administrative fee is due thirty (30) days after franchise approval.
B. In the event TyCom submits a request for work beyond the scope of this Franchise
Agreement, or submits a complex project that requires significant comprehensive plan review,
or inspection, TyCom shall reimburse City for Franchise Agreement amendment and expenses
associated with the project. TyCom shall pay such costs within thirty (30) days of receipt of
bill from the City.
C. Failure by TyCom to make full payment of bills within the time specified shall be
considered sufficient grounds for the termination of all rights and privileges existing under
this ordinance utilizing the procedures specified in Section 4A of this ordinance.
Section 10. Capacity for City Use. The City anticipates the future need for data
transmission and communications connections that will require telecommunications capacity
in TyCom fiber -optic system in the City. The terms and conditions for the use of such capacity
by the City shall be negotiated under separate agreement between the City and TyCom. The
provision of such capacity by TyCom for City needs shall not be unreasonably withheld.
Section 11. Notices. Any notices to be served upon the City or TyCom shall be delivered
to the following addresses respectively:
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
TyCom Networks (US), Inc.
Russ Williams Director of Terrestrial Construction
60 Columbia Road
Morristown, NJ 07960
Section 12. Claims for Damages.
A. In the construction, installation, repair, operation, and maintenance of its structures
and facilities, TyCom shall use reasonable and appropriate precautions to avoid damage to
persons or property. TyCom shall indemnify and save harmless the City from all claims,
actions or damages of every kind or description, including reasonable attorney's and expert
witness fees, which may accrue to or be suffered by any person or persons, corporation or
property to the extent caused in part or in whole by any negligent act or omission of TyCom,
its officers, agents, servants or employees, carried on in the furtherance of the rights, benefits,
and privileges granted to TyCom by this Franchise Agreement. In the event any claim or
TyCom franchise 6 -01 5
demand is presented to or filed with the City which gives rise to TyCom obligation pursuant
to this section, the City shall within a reasonable time notify TyCom thereof and TyCom shall
have a right, at its election, to settle or compromise such claim or demand. In the event any
claim or action is commenced in which the City is named a party, and which suit or action is
based on a claim or demand which gives rise to TyCom obligation pursuant to this section, the
City shall promptly notify TyCom thereof, and TyCom shall, at its sole cost and expense,
defend such suit or action by attorneys of its own election. In defense of such suit or action,
TyCom may, at its election and at its sole cost and expense, settle or compromise such suit or
action. This section shall not be construed to require TyCom to:
1. protect and save the City harmless from any claims, actions, or damages;
2. settle or compromise any claim, demand, suit, or action;
3. appear in or defend any suit or action; or,
4. pay any judgment or reimburse the City's costs and expenses (including
reasonable attorney's fees), to the extent such claim arises out of the sole negligence of the City.
B. To the extent of any concurrent negligence between TyCom and the City, TyCom
obligations under this paragraph shall only extend to its share of negligence or fault. The City
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
Franchise Agreement when the City determines that such participation is required to protect
the interests of the City or the public. Such participation by the City shall be at the City's sole
cost and expense.
Section 13. Severability. If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by a court of competent jurisdiction, the City may, at its
sole option, deem the entire franchise to be affected and thereby nullified. However, in the
event that a determination is made that a section, sentence, clause, or phrase in this ordinance
is invalid or unconstitutional, the City may elect to treat the portion declared invalid or
unconstitutional as severable and enforce the remaining provisions of this ordinance; provided
that, if the City elects to enforce the remaining provisions of the ordinance, TyCom shall have
the option to terminate the Franchise Agreement.
Section 14. Indemnification.
A. TyCom assigns, agrees and covenants to indemnify and hold harmless the City of
Tukwila from and against any and all liability, loss, cost, damages, whether to persons or
property, or expense of any type or nature, including reasonable attorney's fees and expert
witness fees, to the extent it arises from any negligent act or omission or willful misconduct of
TyCom, its successors and assigns arising from or connected to TyCom work under this
franchise, provided however, that in case any suit or action is instituted against the City by
reason of any such damage or injury, City shall:
1. cause written notice thereof to be given unto TyCom; and
2. provide all reasonably requested assistance in defense or settlement of such
claim at TyCom's expense; and
3. retain the right to control the defense of settlement or such claims.
Section 15. Reservation of Rights. The parties agree that this Agreement is intended to
satisfy the requirements of all applicable laws, administrative guidelines, rules, orders, and
ordinances. Accordingly, any provision of this Agreement or any local ordinance which may
conflict with or violate the law shall be invalid and unenforceable, whether occurring before or
after the execution of this Agreement, it being the intention of the parties to preserve their
respective rights and remedies under the law, and that the execution of this Agreement does
not constitute a waiver of any rights or obligations by either party under the law.
TyCom franchise 6 -01 6
Section 16. Police Powers. Nothing contained herein shall be deemed to affect the City's
authority to exercise its police powers. TyCom shall not by this Franchise Agreement obtain
any vested rights to use any portion of the City right of way except for the locations approved
by the City and then only subject to the terms and conditions of this Franchise. This Franchise
Agreement and the permits issued thereunder shall be governed by applicable City ordinances
in effect at the time of application for such permits.
Section 17. Future Rules, Regulations, and Specifications.
A. TyCom acknowledges that the City may develop rules, regulations, and specifi-
cations, including a general ordinance or other regulations governing telecommunications
operations in the City. Such regulations, upon written notice to TyCom, shall thereafter
govern TyCom activities hereunder; provided, however, that in no event shall regulations:
1. materially interfere with or adversely affect TyCom rights pursuant to and in
accordance with this Franchise Agreement; or
2. be applied in a discriminatory manner as it pertains to TyCom and other similar
user of such facilities.
Section 18. Effective Date. This ordinance or a summary thereof shall be published in
the official newspaper of the City, and shall take effect and be in full force and effect five (5)
days after passage and publication as provided by law.
PASSED BY THE CITY COU T C L OF THE CITY/OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this 5 day of 2001.
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Steven M. Mullet, Mayor
A'1" 1'EST /AUTHENTICATED:
e E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By /_O
Office of t C. Attorney
FILED WITH THE CITY CLERK: 6— 1
PASSED BY THE CITY COUNCIL:
PUBLISHED: er A o
EFFECTIVE DATE: b 7
ORDINANCE NO.: /157607.,
TyCom franchise 6 -01 7
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TyCom Networks Inc.
Tukwila City Limits
Date: May 30, 2001
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EXHIBIT B
TYCOM NETWORKS INC.
TELECOMMUNICATIONS FRANCHISE
TERMS AND CONDITIONS
The intent of this exhibit is to set forth the standards and requirements to be met by Tycom
during their construction activity proposed for the route as defined below:
Route begins from the South City limits along Tukwila International Boulevard (Pacific
Highway South), thence to the intersection of East Marginal Way South to the North City
limits.
This document takes into consideration the 2010 and 2020 City of Tukwila Comprehensive
Plans, and the planned designation of utility corridors within the City of Tukwila. These
standards will be strictly adhered to until such time as the City's long -term Right -of -Way
Management Plan is complete.
Definitions:
Utility Corridor: A specifically designated corridor where future utility infrastructure is
planned in order to meet planned utility needs.
Directional Bore: A minimally- invasive construction technique in which conduit is placed
by boring pipe under the surface, and then the conduit pulled back to the start point. This
method of construction minimizes damage to the right -of -way, as well as the potential for
failing trenches.
Holidays: New Years Day, Martin Luther King Jr. Day, Presidents Day, Memorial Day,
Independence Day, Labor Day, Veteran's Day, Thanksgiving, and Christmas.
Trench and Place: This is a method of construction in which the surface material (pavement,
sidewalk, landscaping) is removed, and a trench is dug in order to place conduit.
Manhole: An underground structure placed along the conduit path to allow access to the
conduit and cable.
Handhole: An underground structure not intended for placement in areas with vehicular
traffic. Can be placed under surface (requires digging to expose) or flush with sidewalk
panels (normally in a sidewalk panel).
Pot holing: A method of physically exposing existing utilities in the area of proposed
construction.
Telecommunications Franchise Exhibit B Page 1
Restoration: The process of restoring the right -of -way after construction activity is complete.
Cable: For the purposes of this document, a cable will be defined as a fiber optic cable.
Traffic Control: All traffic lane closures and pedestrian re- routing will require Traffic
Control Plans to be submitted 48 hours in advance. No daytime closures will be allowed in
areas of extreme congestion.
General Route Placement Identification:
Conduit along the above identified route will be placed, wherever possible, off the main
roadway. Tycom plans identify placement primarily by directional boring, except where an
open cut is specifically approved by the City Engineer.
Reauired Method of Construction:
While the City of Tukwila requests directional bore be used wherever possible, we recognize
that the amount of conduit to be placed makes this technique costly and time consuming.
Because of this fact, trenching will only be allowed in extreme cases of hardship. Tycom
must demonstrate this hardship by utilizing Quality level A Subsurface Utility Engineering
(SUE). SUE is an engineering process for accurately mapping underground utilities. Touch
America must use APS for this SUE work, or Tukwila approved equivalent SUE provider.
Contact APS at (425) 313 -1034.
The following directional bores are shown on Tycom's construction plans: TBD.
Permits:
The City of Tukwila will issue only those permits for streets, sidewalks and right -of -way
controlled by the City. Tycom is responsible for identifying and obtaining all other required
permits from State, Private and Federal agencies.
Traffic Control:
Tycom will be required to maintain a minimum of one lane of traffic in each direction during
construction activity. Flagmen and positive traffic control signage will be required. A
detailed plan for traffic control should be submitted to the City 48 hours in advance of the
work beginning.
Telecommunications Franchise Exhibit B Page 2
The primary purpose of traffic control is to maintain the safety of vehicular and pedestrian
traffic during construction activity. Any deviations that cause a potentially hazardous
situation during this activity will require immediate correction.
Work Hour Restrictions:
When working in the City Right -of -Way, Tycom shall comply with Chapter 8 of the Tukwila
Municipal Code. Upon completion of plan review, and prior to permit approval, City and
Tycom Representatives will meet and work out specific work hour schedules that minimizes
right -of -way impact.
Manhole, Stub Conduit, and Citu Conduit Placement:
Manholes (or handholes) will be required at or near (within 75 feet) the following north
south; east -west corridors: TBD.
NOTE: Stub Conduit will only be required at points where the conduit is placed in the
roadway at these intersections. Manholes or handholes will be placed where the conduit is in
the sidewalk or on the shoulder of the roadway.
Placement of two (2) 2" PVC Schedule 80 (Schedule 40 is acceptable in areas outside the
roadway and in bore casings) conduits for future City Use shall include Utility Vault
manholes, model No. 444 with lids labeled 'City of Tukwila', at all major intersections for
City use only.
Utility Locates:
Construction locates will be called out prior to all construction activity in accordance with the
State of Washington One -Call system requirements. The Utility Locate Center telephone
number is 1- 800 424 -5555.
Restoration Requirements:
Restore all disturbed areas of the right -of -way to conform to the specific restoration
requirements identified in the City of Tukwila Infrastructure Design and Construction
Standards, and the WSDOT /APWA Standard Specifications.
In general, the right -of -way will be restored to equal or better condition immediately
following conduit placement. Photographs and videos showing the before condition must be
submitted, with labels of locations prior to work commencing in that vicinity.
Telecommunications Franchise Exhibit B Page 3
When weather conditions prevent immediate restoration, the City Inspector will be notified,
and a schedule for restoration will be determined.
Where sidewalk panels are damaged in any way, they will be replaced, unless the City
Inspector gives written permission otherwise.
Where roadway surface is damaged in any way, the contractor will restore trench following
the City standard patch detail.
The materials removed from the trench will not, under any circumstance, be used to backfill
after placement of the conduit. The following trench standards will be followed:
0 All trench edges will be saw -cut on both sides of the trench prior to replacement of
surface material. See Tukwila standard RS -3.
0 Minimum cover from top of conduit to road surface will be 42
0 Backfill will be 5/8" Minus Compacted Crushed Rock outside roadway areas and
will be controlled density fill in all roadway areas
0 Concrete sub -base will be placed at a depth equal to 150% of the existing sub -base
that was removed. Where no sub -base existed, concrete sub -base will be a
minimum of 6" depth.
0 Asphalt concrete or bituminous plant mix replacement will be placed at a
minimum depth of 4" above the concrete sub -base. The asphalt patch will be
placed in a "T" -cut manner to a distance of 8" on both sides of the trench.
0 Compaction of the backfill will be at 95% of maximum density, in 6" lifts.
Determination of adequacy will be by Nuclear gauge.
0 Where the conduit is placed under the sidewalk the backfill material identified
above will be used, but will be placed to the point where the sidewalk panel will be
poured.
Trench Cut Mitigation Fee:
The City of Tukwila Right of Way Management Plan provides documentation that trench
cuts cause damage to adjacent pavements, that the damage is significant, and that a
substantial asphalt concrete overlay is required to replace the loss of structural strength to the
street. The damaged is considered to impact the entire roadway lane width. For portland
cement concrete roadways, the entire slab is considered damaged and will require entire
replacement. The City has studied these cost impacts and has formulated the following fee
schedule, as a pavement trench cut mitigation fee, that is based on the square foot (SF)
measurement of the impacted roadway lane width
Telecommunications Franchise Exhibit B Page 4
20 -15 (100
15 -10 (75
10 7(50
7 -5 (33
5 2 (25
2 1 (10
0 to 1
Cleanup:
Cleanup will take place on a daily basis. No spoils will be left in the right -of -way, and spoils
will not be allowed to invade any area outside the designated work area during construction
activity.
Warrantu:
All work performed will be warranted for a minimum of one -year from the date of formal
acceptance by the City of Tukwila.
DATED: MAY 29, 2001
e
$10.00
$7.50
$5.00
$3.30
$2.50
$1.00
$0.00
Telecommunications Franchise Exhibit B Page 5
Date:
City of Tukwila
Attn: City Clerk's Office
6200 Southcenter Blvd.
Tukwila, WA 98188
Re: Ordinance
Adopted
Dear Ms. Cantu:
Sincerely,
Signature
Printed name /title
EXHIBIT C
Franchise Acceptance Form
In accordance with and as required by Section of City of Tukwila
Ordinance passed by the City Council and approved by the Mayor on
(the "Ordinance Tycom Networks, Inc. hereby accepts the
terms, conditions and obligations to be complied with or performed by it under
the ordinance.
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. 1962
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON,
GRANTING A TEMPORARY NON EXCLUSIVE FRANCHISE TO
TYCOM NETWORKS (US) INC., A NEVADA CORPORATION
LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE
STATE OF WASHINGTON, FOR THE PURPOSE OF
CONSTRUCTING, OPERATING, AND MAINTAINING A
TELECOMMUNICATIONS TRANSMISSION LINE IN CERTAIN
PUBLIC RIGHTS -OF -WAY IN THE CITY; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
On June 18, 2001, the City Council of the City of Tukwila passed Ordinance No.
granting Tycom Networks (US), Inc., the franchise rights and authority to construct, replace,
repair, monitor, maintain, use and operate the equipment and facilities necessary for an
underground telecommunication transmission system, which includes fiber -optic cable;
providing for severability; and establishing an effective date.
The full text of this ordinance will be mailed without charge to anyone who submits a
written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of 6/18/01.
e;
e E. Cantu, CMC, City Clerk
Published Seattle Times: 6/22/01 „L0