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Tukwila, WA Ordinance No. 1943 granting a non-exclusive franchise
Not an official copy.
CITY OF TUKWILA, WA
Ordinance No. 1943
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
GRANTING A TEMPORARY NON-EXCLUSIVE FRANCHISE TO TOUCH AMERICA, INC. A
MONTANA 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, TOUCH AMERICA, INC, hereinafter referred to as "TA," is a
competitive telecommunications company providing resold inter-LATA and intra-LATA
presubscribed direct dialed (1+) long distance telecommunications service,
Calling Card service, 800 service, dedicated outbound service and dedicated
inbound 800 service to customers, including those in the Puget Sound region;
and
WHEREAS, TA desires to extend its services to certain businesses and
residences located within the corporate limits of the City of Tukwila; and
WHEREAS, TA's desired route through the City of Tukwila, hereinafter
referred to as "City," requires the use of certain portions of City rights-of-way
for the installation, operation, and maintenance of a telecommunication system
which will include fiber-optic cables; and
WHEREAS, the City Council has determined that the use of portions
of the City's rights-of-way for installation of telecommunication transmission
lines is appropriate from the stand-point of the benefits to be derived by
local businesses, residences, 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, TA 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 compre-hensive 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 TA, 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":
Route description for conduit and cable placement in the City Of Tukwila:
Approximately 6,864 feet (1.3 miles) consisting of a route beginning in
the vicinity of 62nd Avenue South and Southcenter Boulevard. The system
continues in a westerly direction along Southcenter Boulevard where it turns
to South 154th Street and exits the western city limits in the vicinity
of Tukwila International Boulevard (Pacific Highway).
B. Such franchise shall not be deemed to be exclusive to TA 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 TA, provided that such other franchises do not unreasonably
interfere with TA's exercise of franchise rights granted herein as determined
by the City. This franchise shall in no way interfere with existing utilities
or in any way limit, prohibit, or prevent the City from using the franchise
area or affect the City's jurisdiction over such area in any way.
Section 2. Authority. The Director of Public Works or his or her designee
is hereby granted the authority to administer and enforce the terms and provisions
of this franchise agreement and may develop such rules, policies, and procedures
as he or she deems necessary to carry out the provisions contained herein.
Section 3. Construction Provisions and Standards. The following provisions
shall be considered mandatory and failure to abide by any conditions described
herein shall be deemed as non-compliance with the terms of this franchise
agreement and may result in some or all of the penalties specified in Section
4.
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, TA 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
TA 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 TA 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 TA's facilities or other system components to be moved or relocated
to accommodate the maint-enance, construction, or enhancement of any City-owned
public amenity in the franchise area, the City shall notify TA in writing
of such determination, and TA shall promptly submit plans for such relocation.
Within 120 days of the approval by the City of the plans for relocation,
TA 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 TA except where TA had paid for the relocation
cost at request of the City within the past five years. Relocation must
be done in a non-discriminatory manner.
6. Removal or abandonment. Upon the removal from service of any
transmission lines or other associated structures, facilities and amenities,
TA 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 TA 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.
8. "One-Call" location and liability. TA shall subscribe to and
maintain member-ship 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 TA customers which are a direct result of work performed for
any City project for which TA 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 TA
system components or for interruptions in service to TA customers resulting
from work performed under any franchise utility permit issued by the City.
9. City-provided conduit. In those areas where the City has installed
its own conduit, TA 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.
10. As-built plans required. TA 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 TA 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 TA to fully comply with any
of the provisions of this franchise agreement may result in a written notice
from the City which describes the violations of the franchise agreement and
requests remedial action within thirty (30) days of receipt of such notice.
If TA 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 TA may be grounds for the grant of an extension
in the period during which compliance is to be attained, provided that TA
continues to pursue correction of any violations of the franchise agreement
noted by the City.
B. Emergency actions.
1. If any of TA's actions, or any failure by TA to act to correct a situation
caused by TA, is deemed by the City to create a threat to life or property,
the City may order TA to immediately correct said situation threat or, at
the City's discretion, the City may undertake measures to correct said situation
threat itself; provided that, when possible, the City shall notify TA of
said threat and give TA an opportunity to correct said threat before undertaking
such measures itself. TA 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 TA 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 TA
to take appropriate action to correct a situation caused by TA and identified
by the City as a threat to public or private safety or property shall be
considered a violation of the franchise agreement terms and each day that
such a situation continues to exist and TA fails to take appropriate action
to abate said situation shall be regarded as a separate violation.
2. If during construction or maintenance of TA'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, TA 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 TA'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,
TA shall at its sole expense, promptly remove all transmission system components
and facilities, provided that, the City, at its sole option, may allow TA
to abandon its facilities in place.
Section 5. Insurance.
A. TA 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.
B. $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.
C. Such insurance policy shall also contain a policy provision that it cannot
be revoked, canceled, or reduced without thirty (30) days advance written
notice to the City, and TA 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 TA from any obligation to obtain approvals or necessary permits
from applicable federal, state, and City authorities for all activities in
the franchise area.
Section 7. Transfer of Ownership.
A. The rights, privileges, benefits, title, or interest provided by this
franchise shall not be sold, transferred, assigned, or otherwise encumbered,
without the prior written consent of the City, with such consent not being
unreasonably withheld or delayed. No such consent shall be required, however,
for a transfer in trust, by other hypothecation, or by assignment of any rights,
title, or interest in TA's telecommunication system in order to secure indebtedness.
Approval shall not be required for mortgaging purposes provided that the collateral
pledged for any mortgage shall not include the assets of this franchise, or
if such transfer is from TA to another person or entity controlling, controlled
by, or under common control with TA. TA may license fibers to other users
without the consent of the City provided TA remains solely responsible for
the terms and conditions outlined in this franchise agreement.
B. In any transfer of this franchise agreement which requires the approval
of the City, TA 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 that 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 TA may occupy City rights-of-way, whichever
shall occur first, provided that TA files with the City Clerk a document acknowledging
consent to the terms and conditions herein in the form attached hereto as
Exhibit C, and that such plan is applied in a non-discriminatory and competitively
neutral manner. Failure on the part of TA to file said consent within thirty
(30) days of the effective date of this ordinance shall void and nullify any
and all rights granted under this franchise agreement.
Section 9. Administrative Fees.
A. Pursuant to 35.21.860 of the Revised Code of Washington (RCW), the City
is precluded from imposing franchise fees for "telephone businesses" defined
in RCW 82.04.065, except that fees may be collected for administrative expenses
related to such franchise. TA 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. TA shall be subject to a $3,000 administrative fee for reimbursement of
all costs associated with the preparation, processing, and approval of this
franchise agreement. These costs shall include but not limited to wages, benefits,
overhead expenses, equipment, and supplies associated with such tasks as plan
review, site visits, meetings, negotiations, and other functions critical
to proper management and oversight of City's right-of-way. Administrative
fees exclude normal permit processing fees. Payment of the one-time administrative
fee is due thirty (30) days after franchise approval.
C. In the event TA 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, TA shall reimburse City for franchise agreement
amendment and expenses associated with the project. TA shall pay such costs
within thirty (30) days of receipt of bill from the City.
D. Failure by TA to make full payment of bills within the time specified
shall be considered sufficient grounds for the termination of all rights and
privileges existing under this ordinance utilizing the procedures specified
in Section 4A of this ordinance.
Section 10. Capacity for City Use. The City anticipates the future
need for data transmission and communications connections that will require
telecommunications capacity in TA 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 TA. The provision of such capacity
by TA for City needs shall not be unreasonably withheld.
Section 11. Notices. Any notices to be served upon the City or TA
shall be delivered to the following addresses respectively:
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
Mr. Price Williams, Project Manager
Touch America, Incorporated
1315 North Main Street
Butte, Montana 59601
Section l2. Claims for Damages.
A. In the construction, installation, repair, operation, and maintenance
of its structures and facilities, TA shall use reasonable and appropriate
precautions to avoid damage to persons or property. TA 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 TA, its officers, agents, servants or employees, carried on in the furtherance
of the rights, benefits, and privileges granted to TA by this franchise agreement.
In the event any claim or demand is presented to or filed with the City which
gives rise to TA obligation pursuant to this section, the City shall, within
a reasonable time, notify TA thereof and TA 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 TA obligation pursuant to
this section, the City shall promptly notify TA thereof, and TA 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, TA 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 TA 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 TA and the City, TA
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, TA shall have the option
to terminate the franchise agreement.
Section 14. Indemnification. TA 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 TA, its successors and assigns arising from or connected to TA 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 TA; and
2. provide all reasonably requested assistance in defense or settlement
of such claim at TA'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. TA 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. TA 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 TA, shall thereafter
govern TA activities hereunder; provided, however, that in no event shall
regulations:
1. materially interfere with or adversely affect TA rights pursuant to
and in accordance with this franchise agreement; or
2. be applied in a discriminatory manner as it pertains to TA and other
similar user of such facilities.
Section 18. Effective Date. This ordinance or a summary thereof shall
be published in the official newspaper of the City, and shall take effect
and be in full force and effect five (5) days after passage and publication
as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular
Meeting thereof this 11th day of December , 2000.
________________________________
Steven M. Mullet, Mayor
ATTEST/AUTHENTICATED:
_______________________________
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By______________________________
Office of the City Attorney
EXHIBIT B
TOUCH AMERICA
TELECOMMUNICATIONS FRANCHISE
TERMS AND CONDITIONS
The intent of this exhibit is to set forth the standards and requirements to
be met by Touch America, during their construction activity proposed for the
route as defined below:
Route description for conduit and cable placement in the City Of Tukwila:
Approximately 6,864 feet consisting of a route beginning in the vicinity of
62nd Avenue South and Southcenter Boulevard. The system continues in a westerly
direction along Southcenter where it turns to South 154th Street and exits
the western City limits at Tukwila International Boulevard (Pacific Highway).
Definitions
Utility Corridor: A specifically-designated corridor where future utility
infrastructure is planned in order to meet planned utility needs.
Directional Bore: A minimally-invasive construction technique in which
conduit is placed by boring pipe under the surface, and then the conduit pulled
back to the start point. This method of construction minimizes damage to the
right-of-way, as well as the potential for failing trenches.
Holidays: New Years Day, Martin Luther King Jr. Day, Presidents Day,
Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving, and
Christmas.
Trench and Place: This is a method of construction in which the surface
material (pavement, sidewalk, landscaping) is removed, and a trench is dug in
order to place conduit.
Manhole: An underground structure placed along the conduit path to allow
access to the conduit and cable.
Handhole: An underground structure not intended for placement in areas
with vehicular traffic. Can be placed under surface (requires digging to expose)
or flush with sidewalk panels (normally in a sidewalk panel).
Pot-holing: A method of physically exposing existing utilities in the
area of proposed construction.
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. TOUCH AMERICA, plans identify placement primarily on the
(TBD) edge of the roadway.
Required Method of Construction
While the City of Tukwila requests directional bore be used wherever possible,
we recognize that the use to which the City may place the conduit being installed
for Tukwila as a condition of this agreement may make boring impossible due
to separation requirements associated with placement of fiber optic cables near
electric lines. Because of this fact, trenching will be allowed along the entire
route, with the exception of those streets that have recently been re-paved,
and in areas where conduit will be placed under rivers, streams, etc. There
will be a 5-year open cut moratorium on streets that have been recently re-paved.
Those areas where directional bores will be used shall be shown on the Touch
America construction plans unless identified otherwise.
Permits
The City of Tukwila will issue only those permits for streets, sidewalks and
right-of-way controlled by the City. Touch America 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
Touch America will maintain a minimum of one lane of traffic in each direction
during construction activity. Flagmen and positive traffic control signage will
be required. A detailed plan for traffic control should be submitted to the
City 48 hours prior to commence-ment of work.
The primary purpose of traffic control is to maintain the safety of vehicular
and pedestrian traffic during construction activity. Any deviations that cause
a potentially hazardous situation during this activity will require immediate
correction.
Work-Hour Restrictions
Work may take place during the following hours only:
Manhole, Stub-Conduit, and City Conduit Placement
Manholes (or handholes) will be required at or near (within 75 feet) the following
north-south; east-west corridors: See Plans.
NOTE: Stub-Conduit will only be required at points where the conduit is placed
in the roadway at these intersections. Manholes or handholes will be placed
where the conduit is in the sidewalk or on the shoulder of the roadway.
Placement of two (2) 2" HDPE conduits for future City use shall include six
(6) manholes/ handholes at major intersections for City use only. The City manhole/handhole
covers shall have distinct identification permanently marked on the covers by
welding or other approved means.
Utility Locates
Construction locates will be called out prior to all construction activity
in accordance with the State of Washington One-Call system requirements. The
Utility Locate Center telephone number is 1-800-424-5555.
Potholing
During construction activity, Touch America will pothole all located utilities
within 5 feet of the proposed running line. In areas where the running line
is relocated in the field due to sub-surface structures not known, the pot-holing
distance will be 5 feet from the new running line.
Touch America will document potholing results on as-built plans to be submitted
to City for official record drawing purposes. Professional survey standards
will be required.
All potholing will be by the air/vacuum method, with holes no greater than
12" diameter. Holes will be backfilled with CDF and topped with hot mix asphalt
patches. Contact Bill Massengill/APS, at 425-313-1034 as a suggested contact
for this service.
Restoration Requirements
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:
· 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 backfill material identified
above will be used, but will be placed to the point where the sidewalk panel
will be poured.
Trench Cut Mitigation Fee
The City of Tukwila Right of Way Management Plan provides documentation that
trench cuts cause damage to adjacent pavements, that the damage is significant,
and that a substantial asphalt concrete overlay is required to replace the loss
of structural strength to the street. The 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 :
|
Approximate
Lifespan Remaining
(years)
|
Pavement Overlay & Repair Fee (per SF of lane width)
|
|
20 - 15 (100%)
|
$10.00
|
|
15 -10 (75%)
|
$7.50
|
|
10 -7 (50%)
|
$5.00
|
|
7 -5 (33%)
|
$3.30
|
|
5 -2 (25%)
|
$2.50
|
|
2 -1 (10%)
|
$1.00
|
|
0 to 1
|
$0.00
|
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.
EXHIBIT C
Franchise Acceptance Form
Date:
City of Tukwila
Attn: City Clerk's Office
6200 Southcenter Blvd.
Tukwila, WA 98188
Re: Ordinance Adopted
Dear Ms. Cantu:
In accordance with and as required by Section _______ of City of Tukwila Ordinance
________ passed by the City Council and approved by the Mayor on __________________
(the "Ordinance"), Touch America, Inc. hereby accepts the terms, conditions
and obligations to be complied with or performed by it under the ordinance.
Sincerely,
____________________________
Signature
____________________________
Printed name/title
RIGHT-OF-WAY USE AGREEMENT with Touch America
This AGREEMENT is made and entered into on the ____ day of _______ 2000, by
and between the City of Tukwila (CITY) and Touch America. This AGREEMENT is
made pursuant to Section 10 of Franchise Agreement between Touch America and
CITY. AGREEMENT shall become effective on ____________________.
WHEREAS Touch America is a telecommunications company that, among other things,
provides inter- and intra-local area telephone access (inter-LATA, intra-LATA)
direct dialed long distance service, calling card service, and inbound and outbound
800 service to customers in the Puget Sound area; and
WHEREAS Touch America's 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
Touch America; now, therefore,
The CITY and Touch America enter into an agreement as follows:
1. Touch America shall provide and install two (2) each, two inch (2") conduits
with pullboxes for and on behalf of the CITY. Conduits and pullboxes 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.
3. The CITY facilities will not be connected to Touch America's 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 Touch America 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 TOUCH AMERICA.
_____________________________ __________________________________
Steve Mullet
Mayor
Date:________________________ Date:_____________________________
_____________________________ __________________________________
City Attorney
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