HomeMy WebLinkAboutOrd 1968 - Telecommunications System Franchise with Electric Lightwave (Repealed by Ord 2415)
Cover page to Ordinance 1968
The full text of the ordinance follows this cover page.
Ordinance 1968 was amended or repealed by the
following ordinances.
AMENDED REPEALED
Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord #
2415
�v1ILA, fit, ss
f %�J •.qS r
s
J `Y?l
0
am
0
:2r
j rr
s
s, 1
s
f
C ity o
Washington
Ordinance No. 4 6 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING A TEMPORARY NON-
EXCLUSIVE RIGHT -OF -WAY FRANCHISE TO ELECTRIC
LIGHTWAVE, INCORPORATED, A DELAWARE STATE
CORPORATION WHICH IS A SUBSIDIARY OF CITIZEN
UTILITIES AND LICENSED TO PROVIDE SERVICES IN THE
STATE OF WASHINGTON, FOR THE PURPOSES OF
CONSTRUCTING, OPERATING, AND MAINTAINING
TELECOMMUNICATIONS TRANSMISSION LINES IN
CERTAIN PUBLIC RIGHTS -OF -WAY IN THE CITY; REPEALING
ORDINANCE NOS. 1764 AND 1858; PROVIDING FOR
SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Electric Lightwave, Incorporated, hereinafter referred to as "ELI," is a
telecommunications company providing, voice, data transmission, linkage to long distance
carriers, video transmission, and related services to customers in the Puget Sound Region; and
WHEREAS, ELI'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 the fiber
optic cable system; and
WHEREAS, ELI was granted a non exclusive franchise to operate in the jurisdictional
limits of the City of Tukwila in 1992 through Tukwila Ordinance No. 1641, 1996 through
Ordinance 1764, amended by Ordinance 1858 in 1999; and
WHEREAS the City Council has determined that due to ELI's additional routes it is in
the best interest of the City to repeal Ordinance Nos. 1764 and 1858 and incorporate locations
of all ELI's existing and future facilities into this ordinance; 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, ELI 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;
Elec Lightwave franchise 8- 01.doc 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
A. The City of Tukwila hereby grants to ELI, 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
Street;
Section 1. Non exclusive Temporary Franchise Granted.
1. East Marginal Way South from north City limits to South Norfolk Street;
2. Norfolk Street from East Marginal Way South easterly to the intersection with
Tukwila City limits;
3. East Marginal Way South from South Norfolk Street southerly to South 120th
4. South 120th Street from East Marginal Way South, easterly to its terminus;
5. East Marginal Way South from South 120th Street to South 128th;
6. South 128th Street from East Marginal Way South easterly to 42nd Avenue South;
7. Forty- second Avenue South from South 128th northerly to intersection with
Interurban Avenue South;
8. Interurban Avenue South from 42nd Avenue South southerly to the intersection
with Gateway Drive;
9. Gateway Drive from its intersection with Interurban Avenue South east of South
133rd Street to where it again intersects with Interurban Avenue South further to the north;
10. Interurban Avenue South from the northern most intersection with Gateway
Drive southerly to the intersection with Interstate 405 right -of -way;
11. Fun Center Way from its intersection with Interurban Avenue South to where it
intersects with Grady Way;
12. From the intersection of the Burlington Northern railroad and the Bow Lake
Pipeline easement, then west along the Bow Lake Pipeline Easement to the Tukwila Interurban
Bike Trail, then south along the Bike Trail to the south side of the intersection of the Tukwila
Bike Trail and South 180th Street;
13. From the south side of the intersection of 72nd Avenue South and South 180th
Street, then west along the north side of South 180th to the intersection of South 180th and
Andover Park West, then south to the southwest corner of the intersection of South 180th Street
and Andover Park West, then on the north side of South 180th west approximately 8,825 feet;
14. From the intersection of Southcenter Parkway /57th Avenue South and S 180th
Street, then south to end of City limits.
B. Such franchise shall not be deemed to be exclusive to ELI 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 ELI; provided that
such other franchises do not unreasonably interfere with ELI's exercise of franchise rights
granted herein as determined by the City. This franchise shall in no way interfere with
Elec Lightwave franchise 8- 01.doc 2
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, including, but not limited to approving
additional routes and projects.
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.
1. 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, ELI shall, within 24 hours of the emergency, obtain a Franchise Utility Permit from
the City of Tukwila Department of Public Works.
2. Coordination. All capital construction projects performed by ELI 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.
3. Construction Standards. Any construction, installation, maintenance, and
restoration activities performed by or for ELI 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.
4. 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.
5. Relocation. When the City determines that it is necessary for any of ELI'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 ELI in writing of such determination, and ELI shall promptly submit
plans for such relocation. Within 90 days of the approval by the City of the plans for
relocation, ELI 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 ELI, except where ELI had
paid for the relocation cost at request of the City within the past five years. Relocation must be
done in compliance with existing statutes.
6. Removal or Abandonment. Upon the removal from service of any transmission
lines or other associated structures, facilities and amenities, ELI 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.
7. Performance Bond. The Public Works Director for the City of Tukwila reserves
the right to require ELI 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.
Elec Lightwave franchise 8- 01.doc 3
8. "One Call" Location Liability. ELI 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 ELI customers which are a direct result of work performed for
any City project for which ELI 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 ELI system components or for interruptions in service to ELI customers
resulting from work performed under any Franchise Utility Permit issued by the City.
9. City Provided Conduit. In those areas of the City where the City has installed
its own conduit, ELI shall utilize such conduit under separate lease agreement with the City.
The terms and conditions governing the lease of such conduit shall be negotiated and such
lease may be provided at a reasonable rate.
10. As Built Plans Required. ELI 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 ELI 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 ELI to fully comply with any of the provisions
of this Franchise Agreement may result in a written notice from the City that describes the
violations of the Franchise Agreement and requests remedial action within thirty (30) days of
receipt of such notice. If ELI 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 ELI may be grounds for the grant of an extension in the period during which
compliance is to be attained; provided that ELI continues to pursue correction of any
violations of the Franchise Agreement noted by the City.
B. Emergency Actions.
1. If any actions by ELI result in a situation deemed by the City to create a threat to
life or property, the City may declare an immediate termination and forfeiture of all Franchise
Agreement terms and privileges. Such termination and forfeiture shall be effective upon
delivery of written notification to ELI. In the event that this Franchise is terminated under
emergency threat to life or property, ELI shall be liable for all costs and expenses necessary to
restore safety or correct the sources of any emergency threats.
2. If during construction or maintenance of ELI'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, ELI 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 ELI'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 lawfully
terminated as a result of violations of the terms of this Franchise Agreement, ELI shall, at its
sole expense, promptly remove all transmission system components and facilities, provided
that the City, at its sole option, may allow ELI to abandon its facilities in place.
Elec Lightwave franchise 8- 01.doc 4
Section 5. Insurance.
A. ELI 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 contain
coverage in the minimum amounts stated below per separate occurrence and shall be adjusted
depending on project complexity and risk:
1. Personal Injury $2,000,000 per person $5,000,000 per occurrence.
2. Property Damage $2,000,000 per claimant $5,000,000 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 shall specifically name as additional insured the City of Tukwila, its
officers, and employees, and shall further provide that it cannot be revoked, canceled, or
reduced without sixty (60) days advance written notice to the City. ELI shall annually provide
proof of such insurance to the City Clerk's Office.
Section 6. Other Permits and Approvals. Nothing in this agreement shall relieve ELI
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 Right of Way Franchise.
A. The rights, privileges, benefits, title, or interest provided by this right -of -way
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 ELI'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. Approval
shall not be required for a transfer if such transfer is from ELI to another person or entity
controlling, controlled by, or under common control with ELI.
B. 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.
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 ELI may occupy City
rights -of -way, whichever shall occur first; provided that ELI 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 ELI 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. ELI 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.
Elec Lightwave franchise 8- 01.doc 5
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 ELI 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, ELI shall reimburse City for reasonable and documented expenses associated
with the project. ELI shall pay such costs within thirty (30) days of receipt of itemized bill
from the City.
C. Failure by ELI 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 4.A 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 ELI fiber -optic system in the City. The terms and conditions including the provision of
additional consideration for the use of such capacity by the City shall be negotiated under
separate agreement between the City and ELI. The provision of such capacity by ELI for City
needs shall not be unreasonably withheld.
Section 11. Notices. Any notices to be served upon the City or ELI shall be delivered to
the following addresses respectively:
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
ELECTRIC LIGHTWAVE, INC.
ATTN: Legal Department
4400 NE 77th Avenue
Vancouver, WA 98662 -6706
Section 12. Claims for Damages.
A. In the construction, installation, repair, operation, and maintenance of its structures
and facilities, ELI shall use reasonable and appropriate precautions to avoid damage to
persons or property. ELI 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 ELI, its officers,
agents, servants or employees, carried on in the furtherance of the rights, benefits, and
privileges granted to ELI by this Franchise Agreement. In the event any claim or demand is
presented to or filed with the City which gives rise to ELI's obligation pursuant to this section,
the City shall within a reasonable time notify ELI thereof and ELI 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 ELI's obligation pursuant to this section, the City shall promptly
notify ELI thereof, and ELI 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, ELI 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 ELI 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.
Elec Lightwave franchise 8- 01.doc 6
B. To the extent of any concurrent negligence between ELI and the City, ELI 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, ELI shall have the
option to terminate the Franchise Agreement.
Section 14. Indemnification.
ELI 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 ELI, its
successors and assigns arising from or connected to ELI 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 ELI; and
2. provide all reasonably requested assistance in defense or settlement of such
claim at ELI'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. ELI 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.
ELI 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 ELI, shall thereafter govern ELI activities
hereunder; provided, however, that in no event shall regulations:
1. materially interfere with or adversely affect ELI rights pursuant to and in
accordance with this Franchise Agreement; or
Elec Lightwave franchise 8- 01.doc 7
2. be applied in a discriminatory manner as it pertains to ELI and other similar user
of such facilities.
Section 18. Repealer. Ordinance Nos. 1764 and 1858 are hereby repealed.
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 CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of C e,LL oit 2001.
Siev.a.) 61 61
Steven M. Mullet, Mayor
ATTEST /AUTHENTICATED:
blne E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By
Office of the Cit ttorney
FILED WITH THE CITY CLERK: ?-16 6/
PASSED BY THE CITY COUNCIL: 0 --C
PUBLISHED: q- d
EFFECTIVE DATE: e 0
ORDINANCE NO.: k
Elec Lightwave franchise 8- 01.doc 8
I
M. AM NM HP
LEGEND
ELI (Completed)
ELI (Proposed)
Tukwila City Limits
Date: August 8, 2001
Scale: Not to Scale
DISCLAIMER
The looation
pprodmate and aren tended for reference
are eppro
only.
C 9 1!1019,
S 1887011
w
05
_9RWMSL_
ELI
Exhibit A
NORTH
1
SW48Ha Sr
The intent of this exhibit is to set forth the standards and requirements to be met by ELI
during their construction activity proposed for the route as defined below:
From the intersection of the Burlington Northern Railroad and the Bow Lake Pipeline
Easement, then west along the Bow Lake Pipeline Easement to the Tukwila Interurban
Bike Trail, then south along the Bike Trail to the south side of the intersection of the
Tukwila Interurban Bike Trail and South 180th Street.
From the south side of the intersection of 72nd Avenue South and South 180th Street, then
west along the north side of South 180th street to the intersection of South 180th and
Andover Park West, then south to the southwest corner of the intersection of South 180th
Street and Andover Park West, then also on the north side of South 180th Street west
approximately 825 feet.
From the intersection of Southcenter Parkway /57th Avenue South and South 180th Street,
then south to the end of City of Tukwila 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:
EXHIBIT B
ELECTRIC LIGHTWAVE INCORPORATED
TELECOMMUNICATIONS FRANCHISE
TERMS AND CONDITIONS
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.
Telecommunications Franchise Exhibit B Page 1
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.
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. ELI 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. ELI 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.
Directional bores are shown on ELI's construction plans.
Permits:
The City of Tukwila will issue only those permits for streets, sidewalks and right -of -way
controlled by the City. ELI is responsible for identifying and obtaining all other required
permits from State, Private and Federal agencies.
Telecommunications Franchise Exhibit B Page 2
Traffic Control:
ELI 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, ELI shall comply with Chapter 8 of the Tukwila
Municipal Code. Upon completion of plan review, and prior to permit approval, City and
ELI Representatives will meet and work out specific work hour schedules that minimizes
right -of -way impact.
Manhole, Stub Conduit, and City Conduit Placement:
Utility Locates:
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.
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 require-
ments 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.
Telecommunications Franchise Exhibit B Page 4
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:
20 -15 (100
15 -10 (75
10 -7 (50
7 -5 (33
5 -2 (25
2 -1 (10
0 to 1
Cleanup:
Warrantu:
$10.00
$7.50
$5.00
$3.30
$2.50
$1.00
$0.00
1
1
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.
All work performed will be warranted for a minimum of one -year from the date of formal
acceptance by the City of Tukwila.
Dated: July 31, 2001
Telecommunications Franchise Exhibit B Page 5
Date: 9 O
Ms. Jane Cantu
Office of the City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Re: Ordinance No. 1968
Dear Ms. Cantu:
In accordance with and as required by Section 8 of City of Tukwila Ordinance No.
1968 passed by the City Council and approved by the Mayor on August 20, 2001 (the
"Ordinance Electric Lightwave, Inc., hereby accepts the terms, conditions and
obligations to be complied with or performed by it under the Ordinance.
Signature
CHNL d L-
Printed Name
UP
Title
Franchise Acceptance Form
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO.1968
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING A TEMPORARY
NON EXCLUSIVE RIGHT -OF -WAY FRANCHISE TO
ELECTRIC LIGHTWAVE, INCORPORATED, A DELAWARE
STATE CORPORATION WHICH IS A SUBSIDIARY OF
CITIZEN UTILITIES AND LICENSED TO PROVIDE SERVICES
IN THE STATE OF WASHINGTON, FOR THE PURPOSES OF
CONSTRUCTING, OPERATING, AND MAINTAINING
TELECOMMUNICATIONS TRANSMISSION LINES IN
CERTAIN PUBLIC RIGHTS -OF -WAY IN THE CITY;
REPEALING ORDINANCE NOS. 1764 AND 1858; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
On August 20, 2001, the City Council of the City of Tukwila passed Ordinance
No. 1968, granting Electric Lightwave, Incorporated, 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 8/20/01.
Jaii� E. Cantu, CMC, City Clerk
Published Seattle Times: 8/24/01