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HomeMy WebLinkAboutFranchise 1 TELECOMMUNICATIONS FRANCHISE FOR Level 3 COMMUNICATIONS,LLC SECTION 1 Grant of Franchise: There is hereby given and granted unto Level 3 Communications, LLC a Delaware Limited Liability company, and its successors, and assignees for a period of 10-years from the taking effect of this franchise, the rights, privileges, and authority to lay down, construct, operate, maintain, replace, alter, remove and repair one or more communication lines, together with all equipment support structures and appurtenances their (systems), for the telecommunications under, along, over, below and through certain public right-of-way and other public lands within the City of Renton. The following City codes and ordinance (4717) under franchise 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 2 Non-Exclusive Franchise (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 public rights-of-ways, public thoroughfares, sidewalks, and utility easements within the City of Renton. Such franchise shall in no way prevent or prohibit the City of Renton or its tenants from using any of said roads, streets or other public 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, relocation's, repairs, maintenance, establishment, improvement, dedication of same as they may deem fit including the dedication, establishment, maintenance and improvement of all new rights-of-ways and thoroughfares and other public properties of every type and description. Level 3, 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. Causes for the City of Renton to issue such notice include, but are not limited to, traffic conditions, public safety, street vacations, dedications of new rights-of-ways and the establishment and improvement thereof, freeway construction, change of establishment of street grade or the construction of any public improvement or structure by Government agency acting in a Government capacity. The Franchise shall 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 3 Location of Facilities: The location of facilities shall be underground or in accordance with City code 5-19-5(I)1 through 4 as conditions warrant. 99CM075F.DOC\ 2 SECTION 4 Construction Permit(code 5-19-10)(C): A Construction permit application with three(3) sets of plans is required for each proposed project. All construction, and installation of work wherever same crosses any of the public properties shall be done under the supervision of the duly authorized representative of the Planning/Building/Public Works Administrator, and Grantee shall timely submit unto the Public Works Administrator, prior to any such work, detailed plans and specifications of any proposed work. The location of any Permit on public property in a street, Municipal Airport, or other public area shall be subject to approval of the Public Works Administrator or his 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 boring rather than open trenching whenever reasonably feasible The Construction permit fee is stated in section 18c of this agreement document. SECTION 5 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 public property shall be designated, manufactured and installed in accordance and in full compliance with industry standards and applicable 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 6 Permanent Records (code 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 7 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 major Arterials and recently constructed or paved overlaid streets as much as possible. Specific route alignments 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. Grantee shall establish 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 public. 99CM075F.DOC\ fir` vr/ 3 Approved traffic control plans shall be utilized for each installation when working in the public right-of- way(code 5-19-11)(F). The Grantee shall subscribe to and maintain membership in the regional "One-Call" utility location service and shall promptly locate all of its lines upon request. SECTION 8 Restoration And Repair of Facilities (Code 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 public 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 public 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, public 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. Where concrete encased recorded monuments have been disturbed or displaced Grantee shall restore the monument to federal state and local standards and specifications. All restoration of public 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, Level 3 shall assume full responsibility 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 Level 3. SECTION 9 Hold harmless agreement: The Grantee, its successors and assignees, agrees and covenants to indemnify and hold harmless the City of Renton from and against any and all liability, loss cost, damage, whether to persons or property, or expense of any type or nature to the extent it arises from any negligent 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(iii)grant the right to control the defense or settlement of such claims. SECTION 10 Liability Insurance (code 5-19-10): Comprehensive general liability insurance shall be provided as stated in City code 5-19-10 (O,P,Q & R) in its entirety. 99CM075 F.DOC\ 4 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, public liability insurance naming City of Renton as additional insured with coverage as stated in the referenced City code. SECTION 11 Revocation or Termination of Grant(code 5-19-10)(U&i9: For the purpose of compelling compliance by the Grantee with all the terns and conditions of this Franchise and the maintenance of said System and facilities 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. The Grantee shall be given an opportunity to cure such failure within said thirty (30) day period. 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 public properties to the condition immediately prior to any such forfeiture and termination. Alternatively, by mutual agreement the City and Grantee may agree to abandon the system in place in which case the system shall become the property of the city, and grantee shall have no further obligation or liability therefore. SECTION 12 Reservation of Rights (code 5-19-12)(D): The City of Renton reserves unto itself the right and power at all times to reasonably regulate in the public interest and for the public welfare the exercise of all Grantee's rights granted herein. 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 public 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. SECTION 13 Damage, Infury or Loss: (Code 5-19-10)(K) Except for damage, injury or loss caused by the City of Renton under this paragraph, 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, provided that such non-recourse shall not apply to the negligent or willful misconduct of the City, its agents or employees. 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 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 14 Discontinued Franchise: (Code 5-19-10(1)1-5) In the event the use of any permitted property is permanently discontinued, or no Permit has been obtained therefore upon expiration of this Franchise, or within thirty days after any termination of this 99CM075F.DOC\ fir►' *Moe 5 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 15: Ownership Transfer(code 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. However, an Indefeasible Right of Use ("IRU") may be approved by written notice to the City's Public Works Director. A IRU shall not include the right to physically access the Facilities in the right-of-way , or to enter or disturb the right-of-way, unless otherwise authorized by the City. SECTION 16 Security Device (code 5-19-10(Q).: The Grantee shall, within (10) ten days after the award of this Franchise, file with the City of Renton Public Works Department at all times thereafter maintain in full force and effect an acceptable security device or escrow account in duplicate effective for the entire term of this Franchise, and conditions that in the event its Grantee shall 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 permit or may require a corresponding change in the amount of such security device or escrow account. SECTION 17 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 all 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. It should be noted 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 desire that newly paved streets not be excavated or damaged within 5-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 operation in such a way as to avoid disturbing pavement within 5 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 5-years of its installation. SECTION 18 Telecommunications fees &tax: 99Cbf075F.DOC\ 6 The Grantee (Level 3, its successors and assignees) agree to pay annually to the City of Renton from and after the date of acceptance of this Franchise and during the period it shall remain in effect a telecommunications tax in accordance with RCW 35.21.870 which is six per cent(6%) per annum of its gross exchange service receipts derived from the telecommunications located within the limits of said City of Renton. However, if the 6% per annum telecommunication tax falls below $200 annually than a administrative fee shall be applied up to$200. Payments are to be paid in monthly installments in accordance with City code 5-11-2 to the Finance and Information Service Administrator. a. Registration Fee: $25.00 b. Lease Holders Tax: 12.84%annually C. Construction Permit Fee $50.00 Plus time&materials Cost. Level 3 does hereby agrees to pay a one time Administrative fee for Franchise preparation and processing of$5,000 dollars. SECTION 19 Applicants 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. Level 3 Communication,L.L.C. 1025 Eldorado Boulevard Broanfield, Colorado 80026 Att.: General Counsel CITY OF ON � �. By:_ Date: City Mayor Jesse Tanner ATTES(F- rrt/ Pate: 9'o- City Jerk ilyn Petersen APPR, D AS TO FO Date: City Attorney Communications, Mod C TPT F ISEE,LEVEL AIC,this �'ay of Theft.tk 44991- TITLE gn®®atur Print Name TITLE Signature Print Name 99=075F 99CM075F.DOC\