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HomeMy WebLinkAboutMFP18005004DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Franchise Permit: MFP18005004 IVR Number: 18005004 Permit Informaon Permit Name:Century Link Permits Address/Locaon :08/24/2018Application Date:7227801026Parcel Number:2725 NE SUNSET BLVD Permit Type:11/30/2018Issue Date:Franchise Permit Work Class:11/30/2019Expiration Date:Minor Utility Job Number:N.354323Franchise Type:Telephone Description:CONDITIONS OF OVERHEAD APPROVAL:1. Any existing height violations within the Project Reach must be resolved at the time of construction. New aerial lines within the Project Reach must have a minimum vertical clearance of 15’ 6”. 2. Any abandoned or unused lines within the Project Reach must be removed at the time that construction is taking place. 3. A traffic control plan must be separately submitted to the City, and no construction may take place until the City has approved a traffic control plan. 4. The new aerial fiber lines within the Project Reach must be converted to underground facilities in the future, at Century Link’s cost, when any one of the following events occurs: (1) any other utilities are undergrounded within the Project Reach, (2) a joint use trench is proposed by a franchisee within the Project Reach, in which case Century Link shall participate in the joint use trench installation for the purpose of undergrounding its aerial lines, or (3) a conduit is made available within the Project Reach that will accommodate the aerial lines. The new aerial lines must be undergrounded within one year, or approved otherwise by the City, from the first event triggering the requirement to underground the aerial lines. Century Link to access HH2 3031 and access 6 poles for aerial placement. Restoration per City of Renton standards. Contacts Name Address PhoneTypeBilling C/O QWEST CORP 1801 CALIFORNIA ST #4600 Denver, CO 80202 Applicant Kim Parker QWest Corporation 931 14th St, Suite 1000A Denver, CO 80202 B: (303) 992-0752Contact Heather Binkly Dycom Industries dba North Sky 11770 Us Hwy 1, SUITE 101 Palm Beach Gardens, FL 33408 B: (360) 254-6920 O: (360) 450-3287 Contractor Business License Number: 36846Construction Contractor: NORTHSC857Q4 CITY OF RENTON ROW 1055 S Grady Way Renton, WA 98057-3232 Owner QWest/Century Link - Billing 7850 S TRAFTON St TACOMA, WA 98409 Specialized Billing X General Condions & Signature Permission is hereby given for the work described on this permit according to the conditions hereon and according to the approved plans and specifications pertaining thereto, subject to compliance with the Ordinance of the City of Renton. This permit and plans must be posted at the job site at all times. I hereby certify that no work is to be done except as described above and in approved plans, and that work is to conform to Renton Trench Restoration and Street Overlay Requirements. Call (425) 430-7203 or go to: www.MyBuildingPermit.com one working day in advance to schedule an inspections and for ANY work in the Right of Way. Call 8 1 1 to locate underground utilities at least two full business days prior to any excavation. In accordance with RCW 19.122.033(4) the permit holder is required to contact (Williams Northwest Pipeline at 425.868.1010) (Olympic Pipeline at 206.510.0575) (Puget Sound Energy at 425.375.3397) to request a consultation with the transmission pipeline company prior to performing any construction or excavation activities. This requirement to consult with the transmission pipeline company is in addition to the requirement to Call before You Dig as required in RCW 19.122. Page 1 of 2THIS PERMIT AND PLANS MUST BE POSTED AT THE JOB SITE AT ALL TIMES DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Franchise Permit: MFP18005004 (Date)(Signature) Page 2 of 2THIS PERMIT AND PLANS MUST BE POSTED AT THE JOB SITE AT ALL TIMES DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Page 1 | Published: 3/30/2017 Planning Division | 1055 South Grady Way, 6th Floor | Renton, WA 98057 | 425-430-7200 Email: franchisepermits@rentonwa.gov Website: rentonwa.gov FRANCHISE PERMIT APPLICATION Published: 3/30/2017 TO THE APPLICANT: Submit an electronic copy of the plans with the Franchise Permit Application and the Traffic Control Application to franchisepermits@rentonwa.gov. Permit cost is $360.50. Inspection fee for trenching more than 60 lineal feet or installation of 6 or more poles will be billed at $60.00 per hour. Franchise Agency: Franchise Job Number: Phone: Contact Name: Email: Job Site Address: Project Name: Description of Work: Please check all that apply: ☐New Construction ☐Repair/Relocate ☐ Underground ☐Overhead ☐Sidewalk ☐Street ☐Open Trench ☐ Bore # of feet: Contractor Name: Phone: State Contractors License #: City of Renton Business License #: “I certify that I am the owner or applicant’s authorized agent and do hereby agree to abide to the terms and conditions set forth under this permit and shall comply with the City of Renton’s Trench Restoration and Street Overlay Requirements. ” Signature Date INSPECTIONS SHALL BE REQUESTED 24 HOURS PRIOR TO COMMENCEMENT OF ALL WORK BY CALLING THE INSPECTION LINE AT 425-430-7203 OR BY GOING TO MYBUILDINGPERMIT.COM Jobs are required to be called in for job start, re-inspection and project final. Re-inspection fees are billed at $75/hour. All Pre-Construction meetings shall be scheduled at a maximum of 14 days prior to the job start date. Plan Review/Development Engineering Date Approved as submitted Pre-Construction Meeting required Site Construction Inspector Date Approved with comments or redlines Camera inspection of utilities required Development Engineering Manager Date Amy Silbaugh 08/21/2018 Qwest Corp d/b/a CenturyLink N.354323 Amy Silbaugh 253-372-5311 amy.silbaugh@centurylink.com 2725 NE Sunset Blvd CenturyLink to access HH2-3031 and access 6 poles for aerial placement. Pole 6 is on private property. North Sky Communications 260-254-6920 NORTHSC857Q4 BL.028638 MFP18005004 Scott Warlick Holly Powers 11/30/2018 11/30/2018 CITY OF RENTON TRAFFIC CONTROL PLAN PROJECT NAME: PERMIT# CONSTRUCTION COMPANY: PHONE#: CONTACT NAME: PHONE#: ADDRESS: CELL#: E-MAIL ADDRESS: FAX#: PROJECT LOCATION: N/E/S/W OF: WORK TIME: APPROVED BY: WORK DATE: APPROVAL DATE: OFFICE COPY T- CONTRACTOR DEV. SERVICE, INSPECTION P. MILLER DEV. SERVICE, PLAN REVIEW B. BANNWARTH POLICE CHARLES KARLEWICZ FIRE FIRE MARSHALL FS #13 Permit Holder agrees to all the following: • Comply with all traffic regulations of the City of Renton and the State of Washington. • Prepare a traffic control plan and obtain City approval of that plan. That plan shall be implemented for all street and lane closures, and the plan shall be performed in compliance with the Manual on Uniform Traffic Control Devices. • Notify emergency services (253-852-2121) twenty-four (24) hours before any street or lane closures. • Any lane or street closures not in conformance with the approved traffic control plan and/or without notification of emergency services may result in receiving a citation for violation of R.C.W. 47.36.200 through 47.36.220, 9A.36.050 Reckless Endangerment, and other applicable State and City codes. • Indemnify and hold harmless the City of Renton from any and all claims, actions, and judgments, including all costs of defense and attorney’s fees incurred in defending against same, arising from and related to implementation of the approved traffic control plans including claims arising from towing of private vehicles and the acts of the Permit Holder’s agents and employees. • The City of Renton shall be entitled, in its reasonable discretion, to settle claims prior to suit or judgment, and in such event shall indemnify and hold harmless the City for any such claims paid, including the City’s reasonable attorney’s fees and litigation costs incurred resulting from such claim. • In the event any claim or suit is brought against City within the scope of this Agreement, Permit Holder will pay for legal counsel chosen by the City to defend against same. • Flagger and sign placement are subject to revision by the City Inspector on site, if needed to address traffic or pedestrian safety or travel. • By my signature herein, I acknowledge all the above requirements. PRINT NAME: DATE: SIGNATURE: N.354323 North Sky Communications 206-962-5116 Amy Silbaugh 253-372-5311 23315 66th Ave S Kent, WA 98032 amy.silbaugh@centurylink.com 253-372-5176 2725 NE Sunset Blvd Reset FormPrint Form Amy Silbaugh Amy Silbaugh 08/21/18 MFP18005004 Scott Warlick 9/7/2018Monday - Friday 8:00AM - 3:30PM SKETCH I -- NORTH -- I NOTES: • Work Zone Traffic Control shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) and shown by sketch or reference to WSDOT. • The plan must be submitted to the City’s PW/Transportation Division for review and/or approval at least three working days prior to work. • Approved Temporary Traffic Control Plan must be at the work site during work hours. • Contractor or entity must call Renton School District (425-204-4455) or any public/private agency to be affected by a temporary lane or road closure. • Complete assistance and accommodation shall be provided to all kinds of pedestrian traffic when sidewalk or walkway is impeded. • Total road closure lasting more than 24 hours is subject to the approval by the City Council. • Any vehicle, equipment, barricade, or portable tow-away sign used within the work area must display a company logo or any legally acceptable sign showing the company name, address, and telephone number at a conspicuous place on the vehicle or equipment. In the case of Temporary No Parking Zones, all the following apply in addition to previous: • Contractor must complete form to show limits of Temporary No Parking Zone identifying barricade locations for vacate parking or curb lane usage. • Contractor must post notice of dates and time of Temporary No Parking Zone with at least two signs per block 72 hours in advance of effective date and time. • The cover sheet of this Traffic Control Plan form must be attached to each Temporary No Parking Sign on the project site. • Temporary traffic control devices must be removed immediately when work is done or no construction activities are going on. If deemed abandoned, City crews will remove and store them at the City’s maintenance shop (3555 NE 2nd Street). Comments: SIGN SPACING MPH "X" 45+ 500' 35 350' 30 200' 25 100' 150' Seattle 200' Sea Tac Comments: CHANNELIZATION SPACING MPH TAPER TANGENT 35 / 45 30' 60' 25 / 30 20' 40' ONE LANE TWO WAY TAPER 50' TO 100' max TRAFFIC CONTROL PLAN JOB # N.354323 C.46 PERMIT # KIRKLAND AVE NE @ NE 10TH ST A0505537 - A1379676 AERIAL PLACEMENT UNLAWFUL FOR ANYONE OTHER THAN THE CITY OF RENTON TO ALTER THIS CERTIFIED TRAFFIC CONTROL PLAN IN ANY FORM WITHOUT EXPRESS WRITTEN CONSENT FROM: SHARON MARTOS, TCS# 010745 sharon.martos@gmail.com Date:08/20/2018 Author:Sharon Martos, Traffic Control Supervisor Project:N.354323 C.46 CERT:TCS # 010745 CENTURYLINK:Certified Traffic Control Plan (DO NOT ALTER) Comments: General Requirements 1. All signs and spacing to conform to the MUTCD and CITY OF RENTON requirements. 2. Channelizing devices are 28" traffic cones with retroreflective material. 3. All signs are 48" x 48" B/O unless otherwise specified. 4. Alert affected local residents and businesses. 5. Crew is required to leave a minimum of 11' for lane width. 6. Work hours will be ____am to ____pm. Comments: MERGING TAPER LENGTH TAPER ('L') LANE WIDTH L MPH 10' 11' 12' SHIFTING 20 70 75 80 TAPER 25 105 115 165 1/2 L 30 150 165 180 35 205 225 245 SHOULDER 40 270 295 320 TAPER 45 450 495 540 1/3 L Sharon Martos Project # N.354323 C.46 Designed for CenturyLink by Sharon Martos Approved 08/20/2018 Traffic Control Supervisor TCS # 010745 Expires: 5/30/2021 Phone 253-737-5198 sharon.martos@gmail.com Legend Not to scale Scale Marker Work Area Work Truck flagger symbol Not to scaleNOT TO SCALE X X X X X X P1 A0505537 P6 A1379676 N HWY 900KIRKLAN D A V E N E NE 10TH STLYNNWOOD AVE NEDWYDWYDWYDWY Comments: MOVING OPERATION WITH FLAGGERS. WORK TRUCKS WILL TRAVEL WITH TRAFFIC. PARKING RESTRICTED. SIDEWALKS ARE ACCESSIBLE. FLAGGERS WILL HOLD ALL TRAFFIC FOR CROSSINGS. FLAGGERS WILL ASSIST PEDESTRIANS. ROADWORKAHEAD W20-1 ROAD WORK AHEAD W20-1ROADWORKAHEADW20-1ROAD WORK AHEAD W20-1 ROAD WORK AHEAD W20-1 ROAD WORK AHEA D W20- 1 BE PREPARED TO STOP W20-7b BE PREPAREDTO STOPW20-7bBE PREPAREDTO STOP W20-7b BE PREPAREDTO STOP W20-7b BE PREPAREDTO STOP W20-7b BE PREPAR E D TO STO P W20-7 b BE PREPA R E D TO STO P W20-7 bROADWORKAHEADW20-1BE PREPAREDTO STOPW20-7bROAD WORK AHEAD W20-1 W20-7a W20-7a W20-7aW20-7a100 ft 100 ft 100 ft 100 ft 100 ft 100 ft 100ft 100ft 100 ft ROADWORKAHEADW20-1ROAD WORK AHEAD W20-1 NO FROM TO TOW AWAY AREA PHONE 684-5444 YOUR COMPANY NAME 555-5555 PARKING R7-T39 NO FROM TO TOW AWAY AREA PHONE 684-5444YOUR COMPANY NAME 55 5 - 5 5 5 5 PARKING R7-T39 SPEED LIMIT35 SPEED LIMIT25 350 ft 350 ft www.invarion.comMFP18005004 Comments: SIGN SPACING MPH "X" 45+ 500' 35 350' 30 200' 25 100' 150' Seattle 200' Sea Tac Comments: CHANNELIZATION SPACING MPH TAPER TANGENT 35 / 45 30' 60' 25 / 30 20' 40' ONE LANE TWO WAY TAPER 50' TO 100' max TRAFFIC CONTROL PLAN JOB # N.354323 C.46 PERMIT # KIRKLAND AVE NE @ NE 10TH ST HH 2-3031 SHOULDER WORK UNLAWFUL FOR ANYONE OTHER THAN THE CITY OF RENTON TO ALTER THIS CERTIFIED TRAFFIC CONTROL PLAN IN ANY FORM WITHOUT EXPRESS WRITTEN CONSENT FROM: SHARON MARTOS, TCS# 010745 sharon.martos@gmail.com Date:08/20/2018 Author:Sharon Martos, Traffic Control Supervisor Project:N.354323 C.46 CERT:TCS # 010745 CENTURYLINK:Certified Traffic Control Plan (DO NOT ALTER) Comments: General Requirements 1. All signs and spacing to conform to the MUTCD and CITY OF RENTON requirements. 2. Channelizing devices are 28" traffic cones with retroreflective material. 3. All signs are 48" x 48" B/O unless otherwise specified. 4. Alert affected local residents and businesses. 5. Crew is required to leave a minimum of 11' for lane width. 6. Work hours will be ____am to ____pm. N Legend Work Area Work Truck Cone Spotter Not to scale Scale Marker SPEED LIMIT25 Comments: MERGING TAPER LENGTH TAPER ('L') LANE WIDTH L MPH 10' 11' 12' SHIFTING 20 70 75 80 TAPER 25 105 115 165 1/2 L 30 150 165 180 35 205 225 245 SHOULDER 40 270 295 320 TAPER 45 450 495 540 1/3 L KIRKLAND AVE NE NE 10TH STComments: SW CORNER KIRKLAND AVE NE & NE 10TH ST. SHOULDER WORK. SIDEWALK ACCESSIBLE. SPOTTER WILL ASSIST PEDESTRIANS. Sharon Martos Project # N.354323 C.46 Designed for CenturyLink by Sharon Martos Approved 08/20/2018 Traffic Control Supervisor TCS # 010745 Expires: 5/30/2021 Phone 253-737-5198 sharon.martos@gmail.com Not to scaleNOT TO SCALE HH2-3031 WORK AREA 8 X 60 ROADWORKAHEADW20-1ROADWORKAHEADW20-1ROAD WORK AHEAD W20-1ROADWORKAHEADW20-1SHOULDERWORKW21-5SHOULDERWORKW21-5100 ft 100 ft www.invarion.comMFP18005004 CONFIDENTIAL - Disclose and Distribute Soley to CTL Employees Having a Need to Know SHEET NUMBER: SHEET 01 OF 05 Name: Phone Number: Name: Phone Number: Name: Phone Number: Engineering Contact Contact Engineer Construction Coordinator Revision Number: WC CLLI: Remote Switch Key: Project Description: Project #: Community Name: Exchange Key: SAFEWAY INC N.354323 RENTON RNTNWA01 EMILY STARKEL (206) 379-6516 ROBB COWAN (253) 229-4498 JESSE PATJENS (425) 429-5722 TOWNSHIP: RANGE: SECTION: 23N 05E 9 Revision Date: --------- --------- NARRATIVE / SPECIAL REMARKS HELD ORDER INFORMATION ASSOCIATES PROJECTS MISC. INFORMATION Site Survey For: 2725 NE SUNSET BLVD, RENTON, WA 98056, USA WORK LOCATION T.23N R.05E 9 Rev 2 - Per Revised Fiber Path Rev Date - 08/06/2018 Reviewed By - Nadim Serhal MFP18005004 CONFIDENTIAL - Disclose and Distribute Soley to CTL Employees Having a Need to Know SHEET NUMBER: SHEET 02 OF 05 Name: Phone Number: Name: Phone Number: Name: Phone Number: Engineering Contact Contact Engineer Construction Coordinator Revision Number: WC CLLI: Remote Switch Key: Project Description: Project #: Community Name: Exchange Key: SAFEWAY INC N.354323 RENTON RNTNWA01 EMILY STARKEL (206) 379-6516 ROBB COWAN (253) 229-4498 JESSE PATJENS (425) 429-5722 TOWNSHIP: RANGE: SECTION: 23N 05E 9 Revision Date: --------- --------- MARGIN LABELS MFP18005004 CONFIDENTIAL - Disclose and Distribute Soley to CTL Employees Having a Need to Know SHEET NUMBER: SHEET 03 OF 05 Name: Phone Number: Name: Phone Number: Name: Phone Number: Engineering Contact Contact Engineer Construction Coordinator Revision Number: WC CLLI: Remote Switch Key: Project Description: Project #: Community Name: Exchange Key: SAFEWAY INC N.354323 RENTON RNTNWA01 EMILY STARKEL (206) 379-6516 ROBB COWAN (253) 229-4498 JESSE PATJENS (425) 429-5722 TOWNSHIP: RANGE: SECTION: 23N 05E 9 Revision Date: --------- --------- MARGIN LABELS POF: HH & POLE VIEW SCALE: 1:20 MFP18005004 CONFIDENTIAL - Disclose and Distribute Soley to CTL Employees Having a Need to Know SHEET NUMBER: SHEET 04 OF 05 Name: Phone Number: Name: Phone Number: Name: Phone Number: Engineering Contact Contact Engineer Construction Coordinator Revision Number: WC CLLI: Remote Switch Key: Project Description: Project #: Community Name: Exchange Key: SAFEWAY INC N.354323 RENTON RNTNWA01 EMILY STARKEL (206) 379-6516 ROBB COWAN (253) 229-4498 JESSE PATJENS (425) 429-5722 TOWNSHIP: RANGE: SECTION: 23N 05E 9 Revision Date: --------- --------- MARGIN LABELS POLE VIEW SCALE: 1:20 MFP18005004 CONFIDENTIAL - Disclose and Distribute Soley to CTL Employees Having a Need to Know SHEET NUMBER: SHEET 05 OF 05 Name: Phone Number: Name: Phone Number: Name: Phone Number: Engineering Contact Contact Engineer Construction Coordinator Revision Number: WC CLLI: Remote Switch Key: Project Description: Project #: Community Name: Exchange Key: SAFEWAY INC N.354323 RENTON RNTNWA01 EMILY STARKEL (206) 379-6516 ROBB COWAN (253) 229-4498 JESSE PATJENS (425) 429-5722 TOWNSHIP: RANGE: SECTION: 23N 05E 9 Revision Date: --------- --------- MARGIN LABELS POLE & BUILDING VIEW SCALE: 1:20 MFP18005004 Cost Breakdown - 2725 NE Sunset BLVD, Renton, WA 98056 Underground vs. Overhead Construction Partial Underground Installation (Initial Plan) New conduit installation (trench) 2,031.48$ Temporary Restoration, backfill, disposal fees 14,356.00$ Permanent Sidewalk Restoration 126,852.00$ Conduit Prep & Tie ins 995.21$ Underground fiber placement 694.62$ Aerial Placement 2,241.70$ Cost to build 147,171.01$ Total Underground Installation New conduit installation (bore & trench) 37,761.48$ Restoration, backfill, disposal fees 6,606.00$ Conduit Prep & Tie ins 2,263.60$ Fiber Placement 3,285.54$ Handhole placement 1,484.42$ Cost to build 51,401.04$ Overhead Installation Make ready work 1,708.62$ Aerial fiber placement 2,216.95$ Cost to build 3,925.57$ Cost Difference - Partial Ug. vs. Overhead 143,245.44$ Cost Multiplier 37.49 Cost Difference - Underground vs. Overhead 47,475.47$ Cost Multiplier 13.09 MFP18005004 7235 S 228th St Kent, WA 98032 August 20, 2018 City of Renton, Department of Community & Economic Development 1055 South Grady Way Renton, WA 98057 RE : Variance for overhead installation of communication lines and facilities To whom it may concern, This letter is being sent as a revised application for a variance to the undergrounding requirements found in Renton Municipal Code (RMC) 4-6-090 subsection C which states that “All new electrical or communication facilities shall be required to be installed underground”. CenturyLink is reapplying for this aerial variance with a new aerial route due to the build costs of the original design outweighing the general welfare consideration implicit with new underground installation: 1. Underground construction would be far more intrusive and be the cause of a greater disturbance to local residences, when considering noise, duration of work, and pedestrian and vehicle traffic. 2. Placement and overlash of a new fiber optic cable to existing aerial facilities will not cause an adverse impact to residents. The aerial construction will be complete within a couple of days and CenturyLink will clean overlashed spans as necessary. In comparison, it can take several days, up to a couple weeks, to complete all placement and restoration with the underground construction. 3. Construction of new underground facilities poses greater risk to existing underground utilities within the work area – such as sewer, water, and existing underground power facilities. 4. As reflected in the attached price comparison for underground vs aerial overlash fiber installation regarding this project, the cost for partial or complete underground construction would increase the cost of facility placement by 37.49 times (about $143k) or by 13.09 times (about $47.4k), respectively, compared to overhead facility placement. With the approval of the variance, CenturyLink will commence with the coordination and implementation of overhead facility installation and traffic control as required to ensure public safety. CenturyLink and its contractors agree to follow the requirements and standards provided by the City of Renton to make certain the safe and efficient installation of the proposed facilities. If you have any further questions or concerns regarding this project, please contact Jesse Patjens at 206-733-8591 or Jesse.Patjens@CenturyLink.com. Sincerely, Jesse Patjens Construction Project Administrator CenturyLink Local Network Implementation MFP18005004 November 30, 2018 Jesse Patjens Qwest Corp d/b/a CenturyLink 7235 S 228th Street Kent, WA 98032 Via Email: Jesse.Patjens@CenturyLink.com SUBJECT: Request for Undergrounding Exemption (N.354323, MFP18005004, 2725 NE Sunset Blvd) Dear Ms. Silbaugh: The City of Renton has reviewed your request to grant CenturyLink an exemption from Renton Municipal Code (RMC) 4-6-090(C) which states that all new electrical or communication facilities shall be required to be installed underground, pursuant to the standards of the section of RMC. CenturyLink proposes to have North Sky Communications overlash approximately 955 lineal feet of new 48-count aerial fiber to existing Puget Sound Energy (PSE) power poles beginning on the west side of Kirkland Avenue NE, proceeding north to the northwest corner of NE 10th Street and Kirkland Avenue NE, then west on NE 10th Street to the south side of NE 10th Street, extending to the northwest corner of the NE 10th Street frontage of 2725 NE Sunset Blvd, then south approximately 180 feet. ANALYSIS: The City has considered the request for an exemption from RMC 4-6-090(D)(1)(h) i and ii. City of Renton Municipal Code 5-19-2.B.1 and 2 states that “Except as otherwise provided herein, any telecommunications carriers who desire to construct, install, operate, maintain, or otherwise locate telecommunications facilities in, under, over or across any public way of the City, and to also provide telecommunications service to persons or areas in the City, shall first obtain a franchise granting the use of such public ways from the City pursuant to Section 5-19-3 of this Chapter.” CenturyLink does not have a franchise agreement with the City, as its predecessor-in-interest held a blanket grant of authority, dating back to territorial times, and therefore has unique status as compared to other telecommunications purveyors. Per Eric J. Schwalb, Senior Corporate Counsel for CenturyLink, RCW Section 35.99.030 states that a city or town may not require a “master permit” from service providers seeking access to public rights-of-way who have an existing statewide grant, as Century Link has. Furthermore, the Washington State Constitution, Article XII, Section 19, grants the right to construct and maintain lines of telegraph and telephone within this state. While we concur that VOIP is allowed per the RCW and Washington State Constitution, cable service is not a right granted without a franchise. Therefore, this analysis will focus on the overhead fiber proposed to be installed for Data/VOIP, and not the provision of future cable. CenturyLink N.354323 Page 2 of 2 November 30, 2018 In addition, staff considered RMC 4-6-090.D. which allows for exemptions due to technological difficulties; when costs outweigh the general welfare consideration implicit in underground installation; or, if the growth pattern of the area has not been sufficiently established to determine the ultimate service routes. In this instance, the portion of the route proposed for aerial installation is in an area where cost to underground one utility service will be cost prohibitive. DECISION: The requested exemption from underground utility installation requirements RMC4-6-090 (C) as requested by the applicant for the Project Reach is approved with conditions subject to the conditions below as the request complies with exemption criteria of RMC 4-6-090(D)(1)(h) i and ii. Conditions of Approval: 1. Any existing height violations within the Project Reach must be resolved at the time of construction. New aerial lines within the Project Reach must have a minimum vertical clearance of 15’-6”. 2. Any abandoned or unused lines within the Project Reach must be removed at the time that construction is taking place. 3. A traffic control plan must be separately submitted to the City, and no construction may take place until the City has approved a traffic control plan. 4. The new aerial fiber lines within the Project Reach must be converted to underground facilities in the future, at Century Link’s cost, when any one of the following events occurs: (1) any other utilities are undergrounded within the Project Reach, (2) a joint use trench is proposed by a franchisee within the Project Reach, in which case Century Link shall participate in the joint use trench installation for the purpose of undergrounding its aerial lines, or (3) a conduit is made available within the Project Reach that will accommodate the aerial lines. The new aerial lines must be undergrounded within one year, or approved otherwise by the City, from the first event triggering the requirement to underground the aerial lines. This decision to approve the exemption with conditions is subject to a fourteen (14) day appeal period from the date of this letter per RMC 4-8-110. Any appeals of the administrative decision must be filed with the City Clerk, along with the required appeal fee, by 5:00 pm, December 14, 2018. Sincerely, Brianne Bannwarth, PE Development Engineering Manager cc: C.E. “Chip” Vincent, CED Administrator Gregg Zimmerman, PW Administrator Jennifer Henning, Planning Director Justin Johnson, Civil Engineer II Scott Warlick, Engineering Specialist II Holly Powers, Permit Technician Pat Miller, Construction Inspection Supervisor Amy Silbaugh, CenturyLink amy.silbaugh@centurylink.com Franchise Permits