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HomeMy WebLinkAboutOrd 1961 - Telecommunications System Franchise with Time Warner Telecom v .L A, 4" Sr 1906 C ity T lkwila of u Washington Ordinance No. l q& AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A TEMPORARY NON- EXCLUSIVE FRANCHISE TO TIME WARNER TELECOM OF WASHINGTON, LLC, 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, Time Warner Telecom of Washington, LLC, hereinafter referred to as "TWTC" is a competitive telecommunications company providing voice, data and internet broadband access services; and WHEREAS, TWTC'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 by local businesses and the region 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, TWTC 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 subject to TWTC's right to challenge any illegal, invalid, or unconstitutional provision; 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 TWTC, 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 Time Warner franchise 6 -01 1 an underground telecommunication transmission system, which 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. TWTC intends to install fiber optic cabling using existing conduits along Interurban Avenue South. On Interurban Avenue South, route continues East to Boeing Access Road and heads North on Airport Way South into Seattle. B. Such franchise shall not be deemed to be exclusive to TWTC 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 TWTC provided, that such other franchises do not unreasonably interfere with TWTC'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, TWTC shall within one business day 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 TWTC 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 TWTC 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 TWTC'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 TWTC in writing of such determination, and TWTC shall promptly submit plans for such relocation. Within 120 days of the approval by the City of the plans for relocation, TWTC 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 of relocating TWTC's facilities or structures, shall be the sole responsibility of TWTC except where TWTC 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. Time Warner franchise 6 -01 2 F. Removal or Abandonment. Upon the removal from service of any transmission lines or other associated structures, facilities and amenities, 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 TWTC 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, which shall not be unreasonably withheld. H. "One Call" Location Liability. TWTC 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 customers which are a direct result of work performed for any City project for which TWTC 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 system components or for interruptions in service to TWTC customers resulting from work performed under any Franchise Utility Permit issued by the City. I. City provided Conduit. In those areas where the City has installed its own conduit, TWTC shall utilize where reasonable and economically and technically feasible such conduit under separate lease agreement with the City. Such agreement shall be negotiated as to the specific terms and the lease shall be provided at a reasonable rate. J. As Built Plans Required. TWTC 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 TWTC pursuant to this Franchise Agreement. The City shall determine the reasonable acceptability of any as -built submittals provided under this section. Section 4. Franchise Compliance. A. Franchise Violations. The failure by TWTC 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 reasonable remedial action within thirty (30) days of receipt of such notice. If TWTC has not substantially complied 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 TWTC may be grounds for the grant of an extension in the period during which compliance is to be attained; provided that, TWTC continues to pursue reasonable correction of any violations of the Franchise Agreement noted by the City. B. Emergency Actions. 1. If any of TWTC's actions, or any failure by TWTC to act to correct a situation caused by TWTC is deemed by the City to create a threat to life or property, the City may order TWTC 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 TWTC of said threat and give TWTC an opportunity to correct said threat before undertaking such measures itself. TWTC shall be liable for all actual and reasonable 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 TWTC and shall further be liable for all actual and reasonable 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 TWTC to take appropriate action to correct a situation caused by TWTC and identified by the City as a threat to public or private safety or property shall be Time Warner franchise 6 -01 3 considered a violation of the Franchise Agreement terms and each day that such a situation continues to exist and TWTC fails to take appropriate action to abate said situation shall be regarded as a separate violation. 2. If during construction or maintenance of TWTC's facilities any damage occurs to an underground facility and the damage results in the release of natural gas or other hazardous substance or potentially endangers life, health, or property, TWTC 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 TWTC'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, TWTC shall at its sole expense, promptly remove all transmission system components and facilities, provided that, the City, at its sole option, may allow TWTC to abandon its facilities in place. Section 5. Insurance. A. TWTC 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 (30) days advance written notice to the City, and TWTC 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 TWTC 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 TWTC'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 TWTC to another person or entity controlling, controlled by, or under common control with TWTC. TWTC may license fibers to other users without the consent of the City provided TWTC remains solely responsible for the terms and conditions outlined in this franchise agreement. Time Warner franchise 6 -01 4 B. In any transfer of this Franchise Agreement which requires the approval of the City, TWTC 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 actual and reasonable 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. 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 TWTC may occupy City rights -of -way, whichever shall occur first; provided that TWTC 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 TWTC 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. Pursuant to 35.21.860 of the Revised Code of Washington (RCW), the City is precluded from imposing franchise fees for "telephone businesses" defined in RCW 82.04.065, except that fees may be collected for administrative expenses related to such franchise. TWTC does hereby warrant that its operations as authorized under this franchise are those of a telephone business as defined in RCW 82.04.065. B. TWTC 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. C. In the event TWTC 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, TWTC shall reimburse City for Franchise Agreement amendment and reasonable and actual expenses associated with the project. TWTC shall pay such expenses within thirty (30) days of receipt of bill from the City. D. Failure by TWTC 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 TWTC 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 TWTC. The provision of such capacity by TWTC for City needs shall not be unreasonably withheld subject to the provision of such capacity at TWTC's standard rates, terms and conditions. Section 11. Notices. Any notices to be served upon the City or TWTC shall be delivered to the following addresses respectively: City of Tukwila Office of the City Clerk 6200 Southcenter Boulevard Tukwila, WA 98188 Time Warner franchise 6 -01 5 Time Warner Telecom ATTN: Tina Davis 10475 Park Meadows Dr Littleton, CO 80124 Section 12. Claims for Damages. A. In the construction, installation, repair, operation, and maintenance of its structures and facilities, TWTC shall use reasonable and appropriate precautions to avoid damage to persons or property. TWTC 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 TWTC, its officers, agents, servants or employees, carried on in the furtherance of the rights, benefits, and privileges granted to TWTC by this Franchise Agreement. In the event any claim or demand is presented to or filed with the City which gives rise to TWTC obligation pursuant to this section, the City shall within a reasonable time notify TWTC thereof and TWTC 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 TWTC's obligation pursuant to this section, the City shall promptly notify TWTC thereof, and TWTC 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, TWTC 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 TWTC 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 negligent acts or omissions or willful misconduct of the City, its officers, employees or agents. B. To the extent of any concurrent negligence between TWTC and the City, TWTC 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 portion declared invalid or unconstitutional shall be severable and the remaining provisions of this ordinance shall remain valid and enforceable. Section 14. Indemnification. TWTC 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 TWTC, its successors and assigns arising from or connected to TWTC 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 TWTC; and Time Warner franchise 6 -01 6 2. provide all reasonably requested assistance in defense or settlement of such claim at TWTC'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. Section 16. Police Powers. Nothing contained herein shall be deemed to affect the City's authority to exercise its police powers. TWTC 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. TWTC acknowledges that the City may develop rules, regulations, and specifications, including a general ordinance or other regulations governing telecommunications operations in the City. Such regulations, upon written notice to TWTC, shall thereafter govern TWTC activities hereunder; provided, however, that in no event shall regulations: 1. materially interfere with or adversely affect TWTC rights pursuant to and in accordance with this Franchise Agreement; or 2. be applied in a discriminatory manner as it pertains to TWTC 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 COUN L OF THE CITYY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this /8 day of .�,r_. k' 2001. A101\;, Steven M. Mullet, Mayor ATTEST/ AUTHENTICATED: 4- Lth e E. Cantu, CMC, City Clerk APPROVED AS TO FORM: B Office of Ale City Attorney FILED WITH THE CITY CLERK: 6 /54 c)/ PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: 6 ORDINANCE NO.: 96 Time Warner franchise 6 -01 7 Date: May 30, 2001 Scale: Not to Scale DISCLAIMER Th location and are Intended for reference are app only. LEGEND Time Wamer Telecom Tukwila City Limits e mug LO s ison∎Sr J€ N 41 IsfTH ST Time Warner Telecom Exhibit A NORTH The intent of this exhibit is to set forth the standards and requirements to be met by TIME WARNER TELECOM, during their construction activity proposed for the route as defined below: Definitions: EXHIBIT B TIME WARNER TELECOM TELECOMMUNICATIONS FRANCHISE TERMS AND CONDITIONS Route description for conduit and cable placement in the City of Tukwila: TIME WARNER TELECOM intends to install fiber optic cabling using existing conduits along Interurban Avenue South. On Interurban Avenue South, route continues East to Boeing Access Road and heads North on Airport Way South into Seattle. 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. 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. Telecommunications Franchise Exhibit B Page 1 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. TIME WARNER TELECOM, plans identify placement primarily on the (TBD) edge of the roadway. Reauired Method of Construction: While the City of Tukwila requests directional bore be used wherever possible, we recognize that the use to which the City may place the conduit being installed for Tukwila as a condition of this agreement may make boring impossible due to separation requirements associated with placement of fiber optic cables near electric lines. Because of this fact, trenching will be allowed along the entire route, with the exception of those streets that have recently been re- paved, and in areas where conduit will be placed under rivers, streams, etc. There will be a 5 -year open cut moratorium on streets that have been recently re- paved. Those areas where directional bores will be used shall be shown on the TIME WARNER TELECOM, construction plans unless identified otherwise. Permits: The City of Tukwila will issue only those permits for streets, sidewalks and right -of -way controlled by the City. TIME WARNER TELECOM, is responsible for identifying and obtaining all other required permits from State, Private and Federal agencies The Franchisee shall sign an "Authorization for Special Billing" for contract inspection to monitor compliance with approved plans, traffic control operations, infrastructure impacts. Contract Inspector will be chosen by City and will bill directly to Franchisee. Traffic Control: TIME WARNER TELECOM, will 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 prior to commencement of work. 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. Telecommunications Franchise Exhibit B Page 2 Work -Hour Restrictions: TIME WARNER TELECOM shall comply with City's noise restrictions outlined in the City Municipal Code and any special restriction imposed by the City. 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: See final Plans. 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" HDPE conduits for future City Use shall include six (6) manholes /handholes at major intersections for City use only. The City manhole /handhole covers shall have distinct identification permanently marked on the covers by welding or other approved means. 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. Potholing: During construction activity, TIME WARNER TELECOM, will pothole all located utilities within 5 feet of the proposed running line. In areas where the running line is relocated in the field due to sub surface structures not known, the pot holing distance will be 5 feet from the new running line. TIME WARNER TELECOM, will document potholing results on as -built plans to be submitted to City for official record drawing purposes. Professional survey standards will be required. All potholing will be by the air /vacuum method, with holes no greater than 12" diameter. Holes will be backfilled with CDF and topped with hot mix asphalt patches. Contact Bill Massengill /APS, at 425 313 -1034 as a suggested contact for this service. Telecommunications Franchise Exhibit B Page 3 Restoration Reauirements: 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. 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 Telecommunications Franchise Exhibit B Page 4 substantial asphalt concrete overlay is required to replace the loss of structural strength to the street. The damage 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 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: $10.00 $7.50 $5.00 $3.30 $2.50 $1.00 $0.00 All work performed will be warranted for a minimum of one -year from the date of formal acceptance by the City of Tukwila. Telecommunications Franchise Exhibit B Page 5 Date: 04' 2 C�(7 0 City of Tukwila Attn: City Clerk's Office 6200 Southcenter Blvd. Tukwila, WA 98188 Re: Ordinance 1 J Adopted (1''l�riP 2 h;/ I Dear Ms. Cantu: In accordance with and as required by Section of City of Tukwila Ordinance 1U i 1 passed by the City Council and approved by the Mayor on W, 2CO (the "Ordinance Time Warner Telecom, Inc. hereby accepts the terms, conditions and obligations to be complied with or performed by it under the ordinance. Sincerely, Signature T11(A Da '19 Printed name /title EXHIBIT C Franchise Acceptance Form Published Seattle Times: 6/22/01 CITY OF TUKWILA SUMMARY OF ORDINANCE NO. 1961 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A TEMPORARY NON EXCLUSIVE FRANCHISE TO TIME WARNER TELECOM OF WASHINGTON, LLC, 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.1961, granting Time Warner Telecom of Washington, LLC, 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. I -4U_ eet4L.,( 4'ne E. Cantu, CMC, City Clerk June 29, 2001 City of Tukwila Department of Public Works TIME WARNER TELECOM ATTN: Tina Davis 10475 Park Meadows Dr Littleton, CO 80134 Dear Ms Davis: Attached Franchise Agreement was passed by the Tukwila City Council and signed by the Mayor on June 18, 2001. To complete the franchise process, Time Warner Telecom's authorized agent must sign the Acceptance Form (Attachment 2). Additionally, Time Warner Telecom must also pay the $3,000 administrative fee. Please send completed Acceptance Form and the $3,000 check to: City of Tukwila Office of the City Clerk 6200 Southcenter Boulevard Tukwila, WA 98188 If you have any questions, please contact Frank Iriarte at 206 433 -0179, or send him an email at firiartenci.tukwila.wa.us. Sincerely, JIM MORROW, P.E. Public Works Director Attachment: 1. Ordinance Number 1961 2. Franchise Acceptance Document cc: Jane Cantu Steven M. Mullet, Mayor James E Morrow, P.E., Director Certified Mail No. Z 342 317 733 31ECEOVIE A‘ 4 JUL 12 2000 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206- 433 -0179 Fax: 206 431 -3665