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HomeMy WebLinkAboutORD 4895CITY OF RENTON; WASHINGTON ORDINANCE NO. 4895 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING UNTO ADELPHIA BUSINESS SOLUTIONS OPERATIONS INC., A DELAWARE CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE, AUTHORITY AND FRANCHISE TO INSTALL FIBER OPTICS CABLE UNDERGROUND TOGETHER WITH APPURTENANCES THERETO, UPON, OVER, UNDER, ALONG, AND ACROSS THE STREETS, AVENUES AND ALLEYS OF THE CITY OF RENTON FOR THE PURPOSE OF INSTALLING INFRASTRUCTURE TO OPERATE AS A BROADBAND DIGITAL COMMUNICATION PROVIDER AND CARRIER UTILIZING SWITCHING AND FIBER OPTIC FACILITIES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Grant of Franchise: There is hereby given and granted unto Adelphia Business Solutions Operations Inc., a Delaware Corporation, its successors, and assignees for a period of 10 years from the effective date of this franchise, the rights, privileges, and authority to provide telecommunications service to persons with the City and lay down, construct, operate, maintain, replace, alter, remove and repair one or more communication lines, together with all equipment, support structures and appurtenances (franchisees' systems), for the telecommunications under, along, over, below and through certain pubhc right-of-way and other public lands within the City of Renton. The following City Code Sections shall apply to this agreement in their entirety: City Code: 5-19-05 5-19-09 5-19-10 5-19-11 5-19-12 SECTION II. Non-Exclusive Franchise, Section 5-19-5.E: This Franchise is granted upon the express condition that it shall not be deemed or held to be an exclusive franchise in, along, over, through, under, below or across any of said pubhc rights- of-ways, public thoroughfares, sidewalks, and utihty easements within the City of Renton. Such 1 ORDINANCE NO. 4895 franchise shall in no way prevent or prohibit the City of Renton or its tenants from using any of said roads, streets or other pubhc or tenant properties or affect its jurisdiction over them or any part of them. The City of Renton retains full power to make all necessary changes, relocations, repairs, maintenance, estabhshment, improvement, and dedication of same as it may deem fit including the dedication, estabhshment, maintenance and improvement of all new rights-of-ways and thoroughfares and other pubhc properties of every type and description. Adelphia Business Solutions Operations Inc., as grantee herein, agrees and covenants at its sole cost and expense to protect, support, temporarily disconnect, relocate or remove from any street any of its installations when so required by the City of Renton, upon not less then ninety (90) days prior written notice. Cause for the City of Renton to issue such notice include, but are not limited to, traffic conditions, pubhc safety, street vacations, dedications of new rights-of-ways and the estabhshment and improvement thereof, freeway construction, change of estabhshment of street grade or the construction of any pubhc improvement or structure by Government agency acting in a Government capacity. The Franchisee shah in all such cases have the privilege to temporarily by-pass, in the authorized portion of the same street, upon approval by the City of Renton, any section of the System required to be temporarily disconnected or removed. SECTION III. Location of Facilities: The location of facilities shall be underground or in accordance with Section 5-19-5.1.1 through 4 as conditions warrant. SECTION IV. Construction Permit, Section 5-19-10.C: A construction permit apphcation with three (3) sets of plans is required for each proposed project. All construction, and installation of work wherever same crosses any of the pubhc properties shall be done under the supervision of the duly authorized representative of the Planning/Building/Pubhc Works Administrator, and Grantee shall timely submit unto the Pubhc Works Administrator, prior to any such work, detailed plans and specifications of any proposed work. The location of any permit on pubhc property in a street, municipal airport, or other pubhc area shah be subject to approval of the Public Works Administrator or his or her authorized representative and such approval shall be provided in writing. The Grantee shall further inform the City of any time or date that the Grantee is performing work within the franchised area to allow the City to inspect such work. Work within City Streets shall be accomplished through 2 ORDINANCE NO. 4895 boring rather than open trenching whenever reasonably feasible. New facilities installed within City rights-of-way shall be located outside of the street travel and parking lanes whenever feasible. The Construction permit fee is stated in section 18 of this agreement document. SECTION V. System Components: All components of the System and other components of any communication line, to be placed within any street right-of-way, municipal airport, or other pubhc property shall be designated, manufactured and installed in accordance and in full comphance with industry standards and apphcable ordinances. Placement of conduit in street crossings shall be PVC schedule 80 or steel conduit. Schedule 40 PVC is acceptable in areas outside the roadway. SECTION VI. Permanent Records, Section 5-19-10.M: The Grantee shall at all times keep full and complete plans, profiles and records showing the location, installed depth and size of all its installations and systems wherefore laid in the City and hereafter installed. Such plans and records shall be kept current by the Grantee. As-built plans and records shall be available to the City at all times upon request. A telephone contact number for requested plans shall be supplied to the City and kept current. SECTION VII. Planning for Construction: During any period of construction, all surface structures, if any, shall be erected and used in such places and positions within said public right-of-way, and other public properties so as to interfere as little as possible with the free passage of traffic and the free use of adjoining property and tenants and Grantee shall at all times post and maintain proper barricades during such period of construction as required by the laws and statutes of the State of Washington. The Grantee shall avoid the use of arterials as designated by the City of Renton Arterial Street Map, defined by the Transportation Department and recently constructed or paved overlaid streets as much as possible. Specific route ahgnments are subject to approval by the City via the construction permitting process. All components of the System constructed and installed by the Grantee underground within the City of Renton shall be located in approved locations, buried and installed to a depth of not less than three feet and as otherwise provided for in the aforesaid Code, the laws of the State of Washington, and the ordinances of the City of Renton, now or hereafter in force, regulating such installations. 3 ORDINANCE NO. 4895 Grantee shall estabhsh and maintain at all times adequate facilities on the portion of each of the systems installed under the authority of this franchise, and elsewhere on the system, to promptly localize operating troubles and to minimize the effects thereof, whether on City streets or on their use by the pubhc. All truck, vehicles and equipment working in City right-of-way, shall be marked with company logo, including company name and phone numbers. Approved traffic control plans shall be utilized for each installation when working in the pubhc right-of-way (Section 5-19-1 l.F). The Grantee shall be responsible for all work by their contractor meeting the requirements of the Manual on Uniform Traffic Control Devices (MUTCD) for all work within the pubhc right-of-ways. The Grantee shall be responsible for notifying the Valley Communication Center for any street closures, a minimum of 24 hours prior to said closure. The Grantee shall subscribe to and maintain membership in the regional "One-Call" utihty location service and shall promptly locate all of its lines upon request. SECTION VIII. Restoration and Repair of Facilities, Section 5-19-10.H: Grantee, its successors and assignees, hereby agrees and covenants to promptly repair any damage to City or tenant property of every type and nature and all other City or tenant improvements caused by failure of Grantee's work during the life of this Franchise. Should it be necessary to make any excavation within any pubhc right-of-way, in the laying, constructing, maintenance, removing, replacing, altering or repairing of all or any portion of the system, Grantee shall without delay and at Grantee's sole cost and expense, restore the surface of said right-of-way or other pubhc or tenant property to at least the same condition immediately prior to any such installation and construction. In case of damage by the Grantee to said streets, avenues, roads, alleys, lanes, pubhc places and ways, to the pavement, turnouts, gutters, ditches, walks, poles, pipes, plantings, rail, bridges, trestles, wharves or landings, and/or other appurtenances and improvements, the Grantee shall immediately repair all damage at its sole cost and expense. Grantee shall comply with all ordinances and regulations of the City of Renton, Washington, regarding such excavation and whenever deemed necessary by the Public Works Administrator shall be required to post a performance bond in favor of the City warranting, among other things, that such restoration work will be done promptly to a condition equal or better than the original condition and in a proper, workman like manner. 4 ORDINANCE NO. 4895 Where concrete encased recorded monuments have been disturbed or displaced Grantee shah restore the monument to federal state and local standards and specifications. All restoration of pubhc streets, sidewalks and other amenities shall conform to current City of Renton Standard Specifications for Road, Bridge and Municipal Construction and the City of Renton's Trench Restoration Standards. As a condition of receiving the right to work within the public right-of-way, Adelphia Business Solutions Operations Inc. shall assume full responsibihty for using materials and installation methods that are in full compliance with City Standards and shall verify this by submittal of documentation of materials and testing reports when requested by the City. All costs for performing on-site testing, such as compaction tests, shall be borne by Adelphia Business Solutions Operations Inc. SECTION IX. Hold Harmless Agreement: The Grantee, its successors and assignees, agrees and covenants to mdemnify and hold harmless the City of Renton from and against any and all habihty, loss cost, damage, whether to persons or property, or expense of any type or nature to the extent it arises from any neghgent act or omission or willful misconduct of Grantee, its successors and assigns arising from or connected to the Grantee's work under this Franchise, provided, however, that in case any suit or action is instituted against the City by reasons of any such damage or injury, City shall (i) cause written notice thereof to be given unto Grantee and (ii) give all reasonably requested assistance in defense or settlement of such claim at Grantee expense, and (hi) grant Grantee the right to control the defense or settlement of such claims. SECTION X. Liability Insurance, Sections 5-19-10.O. P, Q and R: Adelphia Business Solutions Operations Inc. shall maintain in full force and effect throughout the term of this franchise agreement, Comprehensive General Liability insurance coverage, inclusive of umbrella coverage, insuring both the Grantee and the City and its elected and appointed officers, officials, agents and employees as additionally insured as follows: 1. Comprehensive general habihty insurance, inclusive of umbrella coverage, with limits not less than: a. Five milhon dollars ($5,000,000) for bodily injury or death to each person; b. Five milhon dollars ($5,000,000) for property damage resulting from any one accident; 5 ORDINANCE NO. 4895 2. Automobile liability insurance for owned, non-owned and hired vehicles, inclusive of umbrella coverage, with a limit of three milhon dollars ($3,000,000); 3. Worker's compensation with statutory limits and employer habihty insurance, inclusive of umbrella coverage, with limits of not less than one milhon dollars ($1,000,000); and 4. Comprehensive form premises - Operations, explosions and collapse hazard, underground hazard and products completed hazard, inclusive of umbrella coverage, with limits of not less than three milhon dollars ($3,000,000). The Grantee shall submit to the City Clerk evidence that it has in full force and effect and shall keep in full force and effect during the life of the Franchise, pubhc habihty insurance naming Grantee and the City of Renton as additional insured with coverage as stated above. It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 30 days after receipt by the City, by registered mail, of a written notice addressed as required by such intent to cancel or not renew. After receipt by the City of said notice, and in no event later than ten days prior to said cancellation, the Grantee shah obtain and furnish to the City replacement insurance policies meeting the requirements of this section. SECTION XI. Revocation or Termination of Grant, Sections 5-19-10.U and V: For the purpose of compelling comphance by the Grantee with all the terms and conditions of this Franchise and the maintenance of said System and facihties in good condition, City retains the right to end and terminate and fully forfeit the Franchise herein granted, within (30) thirty days after written notice unto the Grantee, whenever the Grantee fails to comply with any of the material terms and conditions hereof, provided that Grantee has a reasonable length of time in which to cure such noncomphance. Upon forfeiture the City shall have the right to require the Grantee to remove any and all of its systems within the City of Renton, all at the Grantee's cost and expense, and to promptly and timely restore all roads and other pubhc properties to the condition immediately prior to any such forfeiture and termination. However, the Grantee may apply to the city for an extension of time to comply due to unavoidable delays and events beyond its control. The extension of time will not be unreasonably withheld as determined by the City. SECTION XII. Reservation of Rights, Section 5-19-12.D: 6 ORDINANCE NO. 4895 The Grantee acknowledges that its rights hereunder are subject to the legitimate rights of the pohce power of the City at ah times and the City shall enforce general ordinances necessary to protect the safety and welfare of the pubhc. The Grantee agrees to comply with all apphcable general laws enacted by the City as long as such regulations do not increase the burden or impair the rights of the franchise hereunder. The laying, construction, installation, maintenance and operation of the System and facilities in connection therewith shall not preclude the City of Renton, its authorized agents, contractors and representatives from blasting, grading, excavating or doing other necessary or pubhc works over, unto, abutting, or contiguous to Grantee's System, provided, however, that Grantee shall be given ten (10) working days written notice of any such blasting, grading, or excavating so that the Grantee may take proper steps to protect its communication line and facilities. The parties agree that this Franchise is intended to satisfy the requirements of all apphcable laws, administrative guidelines, rules, orders and ordinances (the "Law"). Accordingly, any provision of this Franchise 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 Franchise, it being the intention of the parties (i) to preserve their respective rights and remedies under the Law, and (ii) that the execution of this Franchise does not constitute a waiver of any rights or obligations by either party under the Law. The provisions of this Franchise shall be apphed to all telecommunications providers in a competitively neutral and nondiscriminatory manner. SECTION XIII. Damage, Injury or Loss, Section 5-19- 10.K: Except for damage, injury or loss caused by the City of Renton, the Grantee shall have no recourse whatsoever against the City of Renton for any loss cost, expense, or damage arising out of any provision or requirement of this Franchise or the enforcement thereof. However, nothing in this Agreement shah be deemed to waive a right, if any, either party may have to seek judicial or regulatory review as to the provisions herein or as to actions of the parties under apphcable federal, state, or local law currently in effect or as may hereinafter be amended. This Franchise does not relieve the Grantee of any requirement of any City ordinance, rule or regulation, or specification of the City, including but not limited to any requirement relating to street work, street excavation permits and fees therefore, or the use, removal or relocation of property and 7 ORDINANCE NO. 4895 streets. No privilege nor exemption is granted or conferred unto the Grantee by this Franchise except those specifically prescribed herein, and any such privilege claimed under this Franchise by the Grantee in any street shall be subordinate to any prior lawful occupancy of the street or any subsequent improvement or installation therein. SECTION XIV. Discontinued Franchise, Sections 5-19-10.1.1-5: In the event the use of any permitted property is permanently discontinued by Grantee, or no permit has been obtained therefore upon expiration of this Franchise, or within thirty days after any termination of this Franchise, then the Grantee shall promptly remove from the streets and other properties all its facilities, other than any the City may permit to be temporarily or permanently abandoned. SECTION XV: Ownership Transfer. Sections 5-19-10.T. 1 -6: This Franchise may not be assigned to a successor or assignees without the prior written consent of the City Council of the City of Renton. The city will not delay or withhold written consent without just cause. For the purposes of this section, a merger or corporate reorganization of any entity controlling, controlled by or under common control with Grantee shall not be deemed a transfer of assignment. SECTION XVI. Security Device, Section 5-19-10.Q: The Grantee shall, within ten (10) days after the award of this Franchise, file with the City of Renton Pubhc Works Department, and at all times thereafter maintain in foil force and effect, an acceptable security device or escrow account in duphcate effective for the entire term of this Franchise, and conditions that in the event its Grantee shah fail to comply with any one or more of the provisions of this Franchise then there shall be recovered jointly and severally from the principal and surety of such security device or escrow account any damage suffered by the City as a result thereof, including the full amount of any compensation, indemnification or cost of removal or abandonment of properties herein above described, up to the full amount of the said bond, said condition to be a continuing obligations within the City of Renton or may have arisen from the acceptance of such Franchise by the Grantee or from its exercise of any such privilege herein granted. The security device or escrow account initially filed in accordance with the requirement of this Section shall be in the amount of Twenty Five Thousand Dollars ($25,000). In the event of substantial change in volume of street space occupied by permitted properties, the City may 8 ORDINANCE NO. 4895 permit or may require a corresponding change in the amount of such security device or escrow account. SECTION XVII. System Expansion: Upon application to the City of Renton's Department of Building/Planning/Public Works by the Grantee, the Department of Public Works may authorize the Grantee to install, construct and/or retain in City streets additional System expansions, as contemplated in Section 1 hereof in manner satisfactory to the Department of Public Works. Such additional installations shall be subject to aU of the terms and conditions of this Franchise Agreement and to any such additional conditions as may be prescribed by the Department of Public Works as to any such additions. The City of Renton conducts both an annual pavement overlay program and a 6-year transportation improvement program for the repair and improvement of city streets. The city publishes updates to these programs annually. It is the City's intent that newly paved streets not be excavated or damaged within five years of pavement installation. It is therefore the Grantee's responsibility to obtain the city's annual publications regarding the pavement overlay program and the 6-year transportation improvement program, and to schedule any system expansions or programmed maintenance operations in such a way as to avoid disturbing pavement within five years of installation. The City of Renton reserves the right to withhold issuance of permits for planned expansion or maintenance activities that will damage pavement within five years of its installation. SECTION XVIII. Telecommunications Fees: 1 • Construction Permit Fee $50.00 plus time & materials cost. 2. Adelphia Business Solutions Operations Inc., does hereby agree to pay a one time Administrative fee for Franchise preparation and processing of Five Thousand ($5,000) Dollars. SECTION XIX. Utility Tax: The Grantee, (Adelphia Business Solutions Operations Inc., its successors and assignees) acknowledges the utility tax authorized by Renton City Code, Sections 5-11-1 through 5-11-3. 9 ORDINANCE NO. 4895 SECTION XX. Applicant's Contacts: Any notices or information required to be given to parties under this Franchise Agreement may be sent to the following addresses unless otherwise directed. Adelphia Business Solutions Renton City Hall Attn: Manager Attn: Jan lUian Legal & Regulatory Affairs - West Region Development Services 6th Floor 121 Champion Way 1055 - S. Grady Way Canonsburg, PA 15317 Renton, WA 98055 SECTION XXI. Effective date: This Ordinance shah be in full force and effect from and after its passage, approval, and five days after its legal publication as provided by law, and provided it has been duly accepted by Grantee as herein above provided. All costs of publication in connection with this Ordinance shall be paid by Grantee. PASSED BY THE CITY COUNCIL this 12th day of March _, 2001. APPROVED BY THE MAYOR this 12th day of March s 2001. Lawrence J. Warren, City Attorney Date of Publication: 3/16/2001 (Summary) 10 ORDINANCE NO. 4895 ACCEPTED BY FRANCHISEE, ADELPHIA BUSINESS SOLUTIONS OPERATIONS INC., this 2\p day of H(XlCK . , 2001. TITLE \jp> 4 6errjiaJ Cnnf^tJ Print Name TITLE Signature Print Name ORD.908:3/14/01:ma 11