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Ordinance No. qo7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING A TEMPORARY NON-
EXCLUSIVE FRANCHISE TO WILLIAMS COMMUNICATIONS,
INC., 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, Williams Communications, Inc., hereinafter referred to as "Williams," is a
telecommunications company that, among other things, provides nonswitched, dedicated and
private line, high capacity fiber optic transmission services to firms, businesses or institutions
within and outside the City; and
WHEREAS, Williams' 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 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 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, Williams has determined that it is in their best interest 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 Williams, 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, for
within the City -owned rights -of -way generally described below, and shown in Exhibit A, and
hereinafter referred to as the "franchise area
Williams franchise 9 -00 1
From the north City limit of Tukwila at East Marginal Way, thence south along
East Marginal Way to the intersection of International Boulevard (also known as Pacific
Highway South), thence south along International Boulevard to the south City limits.
B. Such franchise shall not be deemed to be exclusive to Williams 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 has been granted to Williams, provided that such other
franchises do not unreasonably interfere with Williams' 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 Public Works Director or his or her designee is hereby granted
the authority to administer and enforce the terms and provisions of this ordinance 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 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,
Williams 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 Williams 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 Williams 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 in writing from this requirement by the Director of Public Works.
E. Relocation.
1. When City determines that it is necessary for any of Williams' 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 Williams in writing of such determination, and Williams shall promptly
submit plans for such relocation. Within 120 days of the approval by the City of the plans for
relocation, Williams 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 Williams except where
Williams had paid for the relocation cost of the Williams' facilities at the request of the City
within the past five years, Williams' share of the relocation cost will be paid by the City.
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. Williams will not be precluded from recovering its costs associated with relocation
required provided that the recovery is consistent with applicable laws.
Williams franchise 9 -00 2
F. Removal or abandonment. Upon the removal from service of any transmission lines
or other associated structures, facilities and amenities, Williams shall comply with all
applicable standards and requirements prescribed by the City 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 Williams 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 and liability. Williams shall subscribe to and maintain
membership in the "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 Williams' system components or
for interruptions in service to Williams' customers which are a direct result of work performed
for any City project for which Williams 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 Williams' system components or for interruptions in
service to Williams' customers resulting from work performed under any franchise utility
permit issued by the City unless due to City's negligence.
I. City provided conduit. In those areas where the City has installed its own conduit,
Williams 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.
J. As -built plans required. Williams shall maintain accurate engineering plans and
details of all installations within the City limits and shall provide such information in both
paper and electronic form prior to close -out of any Franchise Utility Permit issued by the City
and any work undertaken by Williams pursuant to this ordinance. 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 Williams 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 and requests remedial action within thirty (30) days of
receipt of such notice. If Williams 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. The demonstration of due diligence on the
part of Williams may be grounds for the grant of an extension in the period during which
compliance is to be attained, provided that Williams continues to pursue correction of any
violations of the Franchise Agreement noted by the City.
B. Emergency actions. If any of Williams' actions or lack of action threatens life or
property, the City may order Williams to take immediately 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 Williams of said threat and give Williams an opportunity to
correct said threat before undertaking such measures itself. Williams 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 Williams 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 Williams to take appropriate action to correct a situation caused by Williams and
identified by the City as a threat to public or private safety or property shall be considered a
violation of franchise terms and each day that such a situation continues to exist and Williams
fails to take appropriate action to abate said situation shall be regarded as a separate violation.
Williams franchise 9 -00 3
C. Other remedies. Nothing contained in this Franchise Agreement shall limit the
City's available remedies in the event of Williams' 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, Williams shall, at its sole expense,
promptly remove all transmission system components and facilities, provided that the City, at
its sole option, may allow Williams to abandon its facilities in place.
Section 5. Insurance.
A. Williams 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 and $10,000,000 per occurrence.
2. Property Damage $5,000,000 per claimant and $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 sixty (60) days advance written notice to the City, and Williams
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
Williams 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 any partial sale, transfer or by assignment or any rights, title, or interest
in Williams' telecommunication cable system so long as Williams retains some ownership in
the telecommunication cable system. 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 Williams to another person or entity controlling,
controlled by, or under common control with Williams.
B. In any transfer of this franchise that requires the approval of the City, Williams 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.
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 and
management plan prescribing new terms and conditions under which Williams may occupy
Williams franchise 9 -00 4
City rights -of -way, whichever shall occur first; provided that Williams 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 Williams 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.
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.
Williams 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. In recognition of Williams' status, City shall be entitled to reimbursement of all costs
associated with the preparation, processing, and approval of this franchise. 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
30 days after franchise approval.
C. In the event Williams submits a request for work beyond scope of original franchise,
or submits a complex project that requires significant comprehensive plan review or
inspection, Williams shall reimburse City for franchise amendment and expenses associated
with the project. Williams shall pay such costs within thirty (30) days of receipt of bill from the
City.
D. Failure by Williams 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 Williams' 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
Williams. The provision of such capacity by Williams for City needs shall not be unreasonably
withheld.
Section 11. Notices. Any notices to be served upon the City or Williams shall be
delivered to the following addresses respectively:
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
Williams Communications, Inc
ATTN: Manager of Land and Records
110 West 7th Street, Suite 500
Tulsa, OK 74119
Telephone: 918 573 -6000
Section 12. Claims for damages.
A. In the construction, installation, repair, operation, and maintenance of its structures
and facilities, Williams shall use reasonable and appropriate precautions to avoid damage to
persons or property. Williams 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 Williams,
its officers, agents, servants or employees, carried on in the furtherance of the rights, benefits,
and privileges granted to Williams by this Franchise. In the event any claim or demand is
Williams franchise 9 -00 5
presented to or filed with the City which gives rise to Williams' obligation pursuant to this
section, the City shall, within a reasonable time, notify Williams thereof and Williams 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 Williams' obligation pursuant to this section,
the City shall promptly notify Williams thereof, and Williams 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, Williams 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 Williams 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 Williams and the City, Williams'
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 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 provided the City
gives Williams at least six (6) months prior written notice of such nullification. 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, Williams shall have the option to terminate the Franchise Agreement.
Section 14. Indemnification.
Williams 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
Williams, its successors and assigns arising from or connected to Williams 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 Williams; and
2. provide all reasonably requested assistance in defense or settlement of such
claim at Williams' 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.
Williams franchise 9 -00 6
Section 16. Police powers. Nothing contained herein shall be deemed to affect the City's
authority to exercise its police powers. Williams 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.
Williams 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 Williams, shall thereafter govern
Williams' activities hereunder; provided, however, that in no event shall regulations:
1. materially interfere with or adversely affect Williams' rights pursuant to and in
accordance with this Franchise Agreement; or
2. be applied in a discriminatory manner as it pertains to Williams and other
similar users 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 CO NC L OF THE CIT
Regular Meeting thereof this o j day of
ATTEST/AUTHENTICATED:
e E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By
Office of the Ci
Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL: 99-
PUBLISHED: 9- o-t
EFFECTIVE DATE: 7- /3 —et).
ORDINANCE NO.: /9z g
F UKWILA, W$SHINGTON, at a
2000.
0 0,56,) MAAvakt
Steven M. Mullet, Mayor
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Definitions
EXHIBIT B
WILLIAMS COMMUNICATIONS, INC.
TELECOMMUNICATIONS FRANCHISE
TERMS AND CONDITIONS
The intent of this exhibit is to set forth the standards and requirements to be met by Williams
Communications Inc. (Williams) during their construction activity proposed for the route as
defined below:
From the north City limit of Tukwila at East Marginal Way; thence south along East
Marginal Way to the intersection of International Boulevard (also known as Pacific
Highway South); thence south along International Boulevard to the south City limits.
This document takes into consideration the latest 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 Right -of -Way Management Plan is
complete.
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, Veterans Day, Thanksgiving, and Christmas.
Trench and Place: This is a method of construction in which the surface material (pavement,
sidewalk, landscaping) is removed, and a trench is dug in order to place conduit.
Manhole: An underground structure placed along the conduit path to allow access to the
conduit and cable.
Handhole: An underground structure not intended for placement in areas with vehicular
traffic. Can be placed under surface (requires digging to expose) or flush with sidewalk
panels (normally in a sidewalk panel).
Pot holing: A method of physically exposing existing utilities in the area of proposed
construction.
Telecommunications Franchise Exhibit B Page 1
Restoration: The process of restoring the right -of -way after construction activity is complete.
Cable: For the purposes of this document, a cable will be defined as a fiber optic cable.
Traffic Control: All traffic lane closures and pedestrian re- routing will require Traffic
Control Plans to be submitted 48 hours in advance. No daytime closures will be allowed in
areas of extreme congestion.
General Route Placement Identification
Conduit along the above identified route will be placed, wherever possible, off the main
roadway. Williams' plans identify placement primarily on the shoulder of the roadway, and
under or behind the sidewalk on the east side of the road.
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 be allowed along the projected 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 an open cut moratorium on streets that have been
re -paved within the past 5 years.
Additionally, directional bore will be used to cross the following roadways:
Street Name Centerline
S 152 ST
S 150 ST
S 148 ST
S 146 ST
S 144 ST
S 142n ST
S 141 ST
S 140 ST
37 AVE S S 133` ST
S 132n ST
S 112 ST
S 104 ST
East Marginal Way South
S 96"' ST
S 94 ST
S 90 ST
S 87 ST
S 86 ST
S81s'ST
Telecommunications Franchise
Survey Number Alignment Sheet No POSE3-
1350 +68 215
1358 +38 216
1365 +50 217
1372 +56 218
1379 +47 219
1386 +37 220
1391 +04 220
1393 +46 221
1417 +06 224/225
1422 +75 225
1492 +93 236
1520 +14 240
1529 +81 242
1548 +67 244
1555 +93 245
1572 +62 248
1577 +83 249
1587 +87 250
1604 +24 253
Exhibit B
Page 2
Permits
The City of Tukwila will issue only those permits for streets, sidewalks and right -of -way
controlled by the City. Williams 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
Williams shall 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 shall 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. Deviations that cause a potentially hazardous situation
during this activity will require immediate correction.
Work -Hour Restrictions
Work may take place during the following hours only:
MON FRI: 9 AM 3 PM
SAT SUN: 7 AM 7 PM
7 PM 6 AM except in the area immediately south of I -405 where
there are hotels. Day work only will be allowed in this area.
HOLIDAYS: No work allowed on holidays
Manhole, Stub Conduit, and Citiu Conduit Placement
The location of the City of Tukwila manholes is indicated on the alignment sheets by the
square box symbol with a "J" placed in it. All City manholes shall be Washington
Department of Transportation Type 1 Junction Boxes and the letters "TUK" shall be clearly
labeled on the manhole lid.
Placement of two (2) one and one half inch (1 1/2 SDR -11 High Density Polyethylene
"HDPE conduits for future City use shall include manholes /handholes as designated on
the alignment sheets for City use only. The City manholes /handholes shall have distinct
identification permanently marked on the covers by welding or other approved means.
Telecommunications Franchise Exhibit B Page 3
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.
Potholing
During construction activity, unless Williams plans to have a bore depth of less than six (6)
feet below the natural surfaces, Williams must 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, and Williams plans to have a bore depth of less than six (6) feet
below the natural surface, the pot holing distance will be 5 feet from the new running line.
Williams will document potholing results on as -built plans to be submitted to City for official
record drawing purposes.
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.
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. The City's inspector shall have the right and obligation to
determine the necessity to photograph and /or video any locations before and after
restoration. Photograph and video records shall be performed and maintained by the City's
inspector.
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.
Telecommunications Franchise Exhibit B Page 4
The materials removed "spoil from any trenching performed in the paved roadway will
not, under any circumstance, be used to backfill after placement of the conduit. The
following trench standards will be followed within the paved roadway:
All trench edges will be saw -cut on both sides of the trench prior to replacement of
surface material. See Tukwila standard RS -3.
Minimum cover from top of conduit to road surface will be 42
Backfill will be 5/8" Minus Compacted Crushed Rock outside roadway areas and
will be controlled density fill in all roadway areas.
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.
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.
Compaction of the backfill will be at 95% of maximum density, in 6" lifts.
Determination of adequacy will be by nuclear gauge.
Where the conduit is placed under the sidewalk the "spoil" may be used as backfill
material. The final two- inches of backfill or if any additional backfill material is
needed under the sidewalk, then it shall consist of 5/8" minus compacted crushed
rock placed to the point where the sidewalk panel will be poured.
Trench Cut Mitigation Fee
The City of Tukwila Right of Way Management Plan provides documentation that trench
cuts cause damage to adjacent pavements, that the damage is significant, and that a
substantial asphalt concrete overlay is required to replace the loss of structural strength to the
street. The 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
$10.00
$7.50
$5.00
$3.30
$2.50
$1.00
$0.00
Telecommunications Franchise Exhibit B Page 5
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:
Telecommunications Franchise Exhibit B Page 6
Date: 13
j 1 c) w e sr 1 n.sx-r;
Addressee: is A n 4t A ti,o v. A- '74 119
Re: Ordinance Z
Adopted mod
i
Dear 71412 /l7,, //E -r
In accordance with and as required by Section of City of Tukwila
Ordinance L9,2 8 passed by the City Council and approved by the Mayor on
q /11 o (the "Ordinance Williams Communications, Inc. hereby
accepts the terms, conditions and obligations to be complied with or performed
by it under the ordinance.
Sincerely,
r 4
Signature
Printed name /title
�7 n 7
EXHIBIT C
Franchise Acceptance Form
RIGHT -OF -WAY USE AGREEMENT
Between
CITY OF TUKWILA AND
WILLIAMS COMMUNICATIONS INCORPORATED
This AGREEMENT is made and entered into on the day of 2000, by
and between the City Of Tukwila (CITY) and Williams Communications Incorporated
(Williams). This AGREEMENT is made pursuant to Section 10 of Franchise Agreement
between Williams and CITY. AGREEMENT shall become effective on
WHEREAS Williams is a telecommunications company that, among other things,
provides nonswitched, dedicated and private line, high capacity fiber optic transmission
services to firms, businesses or institutions within and outside the CITY; and
WHEREAS Williams' desired route through the CITY requires the use of certain
portions of CITY rights -of -way for the installation, operation, and maintenance of a
telecommunications infrastructure that will include a fiber optic system; and
WHEREAS City Council has determined that the use of portions of the CITY's rights
of -way for installation of telecommunications transmission lines is appropriate; and
WHEREAS CITY has determined a need for a conduit system along same route as
Williams', now, therefore,
The CITY and Williams enter into an agreement as follows:
1. Williams shall provide and install two (2) each one and one half -inch (1 conduits with
pullboxes for and on behalf of the CITY. Conduits shall be provided at no cost to the
CITY.
2. CITY facilities shall be installed alongside and concurrently with the Fiber Optic System
within the borders of the CITY. The CITY intends to run its own cable and fiber optic line
through the CITY facilities at sometime in the future.
3. The CITY facilities will not be connected to Williams' access structures and vaults.
4. CITY pullboxes shall have distinct identification permanently marked on the covers by
welding or other means approved by CITY.
5. The CITY facilities shall be owned by the CITY and once installed shall assume total
responsibility.
In consideration for the services provided, CITY shall pay Williams ten dollars ($10.00) due
immediately after both parties have signed AGREEMENT.
IN WITNESS WHEREOF, each party has executed this AGREEMENT on the date set forth
below:
CITY OF TUKWILA WILLIAMS COMMUNICATIONS, INC.
Steve Mullet
Mayor
Date: Date:
City Attorney
William P. Harwell, Attorney in Fact
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. /9Z
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, GRANTING A
TEMPORARY NON EXCLUSIVE FRANCHISE TO
WILLIAMS COMMUNICATIONS, INC., 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 2-40 6 the City Council of the City of Tukwila passed
Ordinance No. 79Z 8 granting Williams Communications, 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, within the City -owned rights -of -way as
described; 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 or a copy of the text.
APPROVED by the City Council at its meeting of
Published Seattle Times: 9 .g'
Cantu, CMC, City Clerk