HomeMy WebLinkAboutOrd 1960 - Telecommunications Service Franchise with Adelphia Business Solutions ILA, �`ss i
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Ordinance No. ?6 6)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, GRANTING A TEMPORARY NON EXCLUSIVE
FRANCHISE TO ADELPHIA BUSINESS SOLUTIONS OPERATIONS,
INC. A DELAWARE 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, Adelphia Business Solutions Operations, Inc. hereinafter referred to as "Adelphia" is a
telecommunications company that provides a full line of communications services including local voice,
long distance, messaging, intereet, and enhanced data services to firms, businesses or institutions within
and outside the City; and
WHEREAS, Adelphia desires to extend its services to certain businesses located within the corporate
limits of the City of Tukwila, hereinafter referred to as "City and
WHEREAS, Adelphia's desired route through the City of Tukwila requires the use of certain portions
of City rights -of -way for the installation, operation, and maintenance of a telecommunication system which
will include a 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 business 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, Adelphia has determined that it is in its 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 Adelphia, 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 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
Adelphia franchise 6 -01 1
1. Route description for cable placement in the City of Tukwila. Adelphia intends to
install fiber optic cabling using existing conduits purchased from Level 3 Communications LLC. Conduits
are located within and outside the City limits along the Burlington Northern Santa Fe (BNSF) right -of -way.
The conduit system enters the City from City of Renton along SW Grady Way to BNSF. Route continues
North on the BNSF right -of -way to a location 425 feet North of Black River BNSF railroad bridge; and
2. That portion of South 129th Street where the same is crossed by BNSF railroad right -of-
way, and Interstate I -5, continuing along the BNSF Container Yard and remaining on the BNSF right -of-
way to a point approximately 911 feet North of Boeing Access Road overpass.
3. Future routes. For the purposes of providing service to individual homes, private entities,
or businesses, Adelphia shall request authorization from Public Works Director to use telecommunications
corridors designated in the City's Right -of -Way Management Plan.
B. Such franchise shall not be deemed to be exclusive to Adelphia 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 Adelphia; provided, that such other franchises do not
unreasonably interfere with Adelphia's exercise of franchise rights granted herein as determined by the
City. This Franchise Agreement 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, Adelphia 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 Adelphia 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 Adelphia 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.
1. Whenever the City determines that it is necessary for any of Adelphia's facilities or other
system components to be moved or relocated to accommodate the construction, alteration, repair, or
improvement of the right of way for purposes of public welfare, health, or safety, City shall notify Adelphia
in writing of such determination, and Adelphia shall promptly submit plans for such relocation. Within
120 days of the approval by the City of the plans for relocation, Adelphia 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 Adelphia
except where Adelphia had paid for the relocation cost of the Adelphia's facilities at the request of the City
within the past five years, Adelphia's share of the relocation cost will be paid by the City.
Adelphia franchise 6 -01 2
2. Where a project is primarily for private benefit, the private party or parties shall reimburse
the relocation cost in the same proportion to their contribution to the costs of the project. Adelphia will
not be precluded from recovering its costs associated with relocation required provided that the recovery is
consistent with applicable laws.
F. Removal or Abandonment. Upon the removal from service of any transmission lines or other
associated structures, facilities and amenities, Adelphia 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 Adelphia 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. Adelphia 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 Adelphia's system components or for interruptions in service to
Adelphia customers which are a direct result of work performed for any City project for which Adelphia
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 Adelphia system
components or for interruptions in service to Adelphia customers resulting from on the grounds that the
work was performed under any a Franchise Utility Permit issued by the City.
I. City provided Conduit. In those areas where the City has installed its own conduit, Adelphia
shall utilize 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. Notwithstanding
the above, Adelphia shall not be required to utilize city -owned conduit unless Adelphia intends to
construct the same or similar conduit at the same location and Adelphia may utilize conduit from another
utility instead of utilizing City -owned conduit.
J. As -Built Plans Required. Adelphia 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 prior to close -out of any Franchise Utility Permit issued by the City and any work undertaken by
Adelphia 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 Adelphia to comply fully 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
Adelphia 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 Adelphia may be grounds for the grant of an extension in the
period during which compliance is to be attained; provided that, Adelphia continues to pursue correction
of any violations of the Franchise Agreement noted by the City.
B. Emergency Actions.
1. If any of Adelphia's actions, or lack of action threatens life or property, City may order
Adelphia to take immediate action 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 Adelphia of said threat and
give Adelphia an opportunity to correct said threat before undertaking such measures itself. Adelphia 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 Adelphia 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 Adelphia to take appropriate action to
correct a situation caused by Adelphia and identified by the City as a threat to public or private safety or
property shall be considered a violation of Franchise Agreement terms and each day that such a situation
Adelphia franchise 6 -01 3
continues to exist and Adelphia fails to take appropriate action to abate said situation shall be regarded as a
separate violation.
2. If during construction or maintenance of Adelphia'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, Adelphia 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 Adelphia'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, Adelphia shall at its sole expense, promptly remove all
transmission system components and facilities, provided that, the City, at its sole option, may allow
Adelphia to abandon its facilities in place. Adelphia shall coordinate with City to work out a reasonable
schedule for removal of facilities.
Section 5. Insurance.
A. Adelphia 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 or Death $1,000,000 per person and $2,000,000 comprehensive
general liability insurance for bodily injury or death resulting from any one accident.
2. Property Damage $1,000,000 comprehensive general liability insurance for
property damage resulting from any one accident.
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 sixty (60) days advance written notice to the City, and Adelphia 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 Adelphia 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 Agreement 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
Adelphia telecommunication cable 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 Agreement, or if such transfer is from Adelphia to another person or entity controlling,
controlled by, or under common control with Adelphia.
B. In any transfer of this franchise which requires the approval of the City, Adelphia 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.
Adelphia franchise 6 -01 4
Section 8. Franchise Term.
A. 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 and management plan prescribing new terms and conditions under
which Adelphia may occupy City rights -of -way, whichever shall occur first; provided that Adelphia files
with the City Clerk, a document acknowledging consent to the terms and conditions herein in the form
attached hereto as Exhibit C. Failure on the part of Adelphia 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.
B. At the end of this term, this Franchise Agreement shall automatically renew for an additional
three (3) years unless either party provides the other party notification opposing further renewal.
Section 9. Administrative Fees.
A. Pursuant to 35.21.860 of the Revised Code of Washington (RCW), as amended by Chapter 83,
Laws of 2000, "Chapter 83') 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. Adelphia does hereby warrant that its operations as authorized under this Franchise Agreement
are those of a telephone business as defined in RCW 82.04.065 and /or that of a service provider as
defined in Chapter 83.
B. Adelphia shall be subject to a $3,000 administrative fee for reimbursement of 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 Adelphia 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, Adelphia
shall reimburse City for Franchise Agreement amendment and expenses associated with the project.
Adelphia shall pay such costs within thirty (30) days of receipt of bill from the City.
D. Failure by Adelphia 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, which will require telecommunications capacity in Adelphia's 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 Adelphia. The provision of such capacity by
Adelphia for City needs shall not be unreasonably withheld.
Section 11. Notices. Any notices to be served upon the City or Adelphia shall be delivered to the
following addresses respectively:
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
ADELPHIA BUSINESS SOLUTIONS, INC.
Manager, Legal and Regulatory Affairs
West Region
One North Main Street
Coudersport, PA 16915
Section 12. Claims for Damages.
A. In the construction, installation, repair, operation, and maintenance of its structures and
facilities, Adelphia shall use reasonable and appropriate precautions to avoid damage to persons or
property. Adelphia 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
Adelphia franchise 6 -01 5
negligent act or omission of Adelphia, its officers, agents, servants or employees, carried on in the
furtherance of the rights, benefits, and privileges granted to Adelphia by this Franchise Agreement. In the
event any claim or demand is presented to or filed with the City which gives rise to Adelphia's obligation
pursuant to this section, the City shall within a reasonable time notify Adelphia thereof and Adelphia 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 Adelphia's obligation pursuant to this section, the city shall promptly notify
Adelphia thereof, and Adelphia 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, Adelphia 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 Adelphia
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 Adelphia and the City, Adelphia's
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 Agreement to be affected and thereby nullified provided the City gives Adelphia at least
six (6) months prior written notice of such notification. 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, Adelphia shall have the option to terminate the Franchise Agreement.
Section 14. Indemnification.
Adelphia 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 Adelphia, its successors and assigns arising from or
connected to Adelphia's 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 Adelphia; and
2. provide all reasonably requested assistance in defense or settlement of such claim at
Adelphia'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 an 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. Adelphia 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 Agreement. This Franchise Agreement and the permits
Adelphia franchise 6 -01 6
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.
Adelphia 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 Adelphia, shall thereafter govern Adelphia's activities hereunder;
provided, however, that in no event shall regulations:
1. materially interfere with or adversely affect Adelphia's rights pursuant to and in accordance
with this Franchise Agreement; or
2. be applied in a discriminatory manner as it pertains to Adelphia and other similar user of
such facilities.
Section 18. Force Majeure. Adelphia shall not be deemed in default, failure, violation or
noncompliance with any provision of this Franchise Agreement where performance was rendered
impossible due materially, substantially and reasonably to an act of God, fire, flood, storm or other element
or casualty, theft, war, disaster, prevailing war or war preparation, or bona fide legal proceedings, beyond
the control of Adelphia.
Section 19. 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 C TY OUNCIL orTHE CITY OF TUKWILA, WASHINGTON, at a Regular
Meeting thereof this IX day of .�.twt.�_ 2001.
ATTEST /AUTHENTICATED:
(J e E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By 1'4
Office of e City Attorney
FILED WITH THE CITY CLERK: 6 /V- 0
PASSED BY THE CITY COUNCIL: 6.4.6;
PUBLISHED: Ig
EFFECTIVE DATE: 7.0i
ORDINANCE NO.: y6,0
Steven M. Mullet, Mayor
Adelphia franchise 6 -01 7
Date: May 30, 2001
Scale: Not to Scale
DISCLAIMER
The location of any features and boundaries
are approximate and are intended for reference
only.
LEGEND
Adelphia Business Solutions
Tukwila City Limits
Adelphia Business Solutions
Exhibit A
NORTH
EXHIBIT B
ADELPHIA BUSINESS SOLUTIONS OPERATIONS, INC.
TELECOMMUNICATIONS FRANCHISE
TERMS AND CONDITIONS
The intent of this exhibit is to set forth the standards and requirements to be met by
ADELPHIA during their construction activity proposed for the route as defined below:
ADELPHIA BUSINESS SOLUTIONS OPERATIONS, INC. intends to install fiber optic
cabling using existing conduits purchased from Level 3 Communications LLC. Conduits are
located within and outside the City limits along the Burlington Northern Santa Fe (BNSF)
right -of -way. The conduit system enters the City of Tukwila from City of Renton along SW
Grady Way to BNSF. Route continues North on the BNSF right -of -way to a location 425 feet
North of Black River BNSF railroad bridge; and
That portion of South 129th Street where the same is crossed by BNSF railroad right -of -way,
and Interstate I -5, continuing along the BNSF Container Yard and remaining on the BNSF
right -of -way to a point approximately 911 feet North of Boeing Access road overpass.
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.
Telecommunications Franchise Exhibit B Page 1
Handhold: 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.
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. ADELPHIA 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. ADELPHIA
must demonstrate this hardship by utilizing Quality level A Subsurface Utility Engineering
(SUE). SUE is an engineering process for accurately mapping underground utilities.
ADELPHIA must use APS for this SUE work, or Tukwila approved equivalent SUE provider.
Contact APS at (425) 313 -1034.
Permits:
The City of Tukwila will issue only those permits for streets, sidewalks and right -of -way
controlled by the City. ADELPHIA is responsible for identifying and obtaining all other
required permits from State, Private and Federal agencies.
Telecommunications Franchise Exhibit B Page 2
Traffic Control:
ADELPHIA 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.
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, ADELPHIA shall comply with Chapter 8 of the
Tukwila Municipal Code. Upon completion of plan review, and prior to permit approval,
City and ADELPHIA 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 handholds) 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 handholds 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.
Utilitu 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.
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 Miticration 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
Telecommunications Franchise Exhibit B Page 4
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:
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.
Warranty:
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
tpe`
fae.
$10.00
$7.50
$5.00
$3.30
$2.50
$1.00
$0.00
Telecommunications Franchise Exhibit B Page 5
Date: 1 -13 -01
City of Tukwila
Attn: City Clerk's Office
6200 Southcenter Blvd.
Tukwila, WA 98188
Re: Ordinance l.P(j
Adopted fl Q le) 2CLA
Dear Ms. Cantu:
In accordance with and as required by Section g of City of Tukwila
Ordinance 1 6 passed by the City Council and approved by the Mayor on
J r'rr e. ik11,8b l (the "Ordinance Adelphia Business Solutions Operations,
Inc. hereby accepts the terms, conditions and obligations to be complied with or
performed by it under the ordinance.
Sincerely,
Signature
61 i6k; Akan
y; ce feeS1PPIV 4a9..
Printed name /title
EXHIBIT C
Franchise Acceptance Form
Adelphia
BUSINESS SOLUTIONS
VIA: TWO DAY PRIORITY
City of Tukwila
Office of the City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188
Re: Franchise Agreement
Dear Mr. Morrow:
Attached is a signed Franchise Agreement between Adelphia Business Solutions
Operations Inc. and the City of Tukwila.
If you have any questions, please contact Jeff Nodland at (814)260 -3884.
Enclosures
Cc: Jeff Nodland
John Glicksman
Debbie Mackie
One North Main Street Phone 814 274 -9830
Coudersport, PA 16915
Fax 814- 274 -8243
July 13, 2001
Shantel L. Waterman
Legal Secretary
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON,
GRANTING A TEMPORARY NON EXCLUSIVE FRANCHISE TO
ADELPHIA BUSINESS SOLUTIONS OPERATIONS, INC. A
DELAWARE 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.1960, granting Adelphia Business Solutions Operations, 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.
Published Seattle Times: 6/22/ e----
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO.1960
(7{e E. Cantu, CMC, City Clerk