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HomeMy WebLinkAboutORD 4846CITY OF RENTON, WASHINGTON ORDINANCE NO. 4846 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, GRANTING UNTO METROMEDIA FIBER NETWORK SERVICES, 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, 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 Metromedia Fiber Network Services, Inc., a Delaware corporation, its successors, and assignees for a period of 10 years from the taking effect 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 (their systems), for the telecommunications under, along, over, below and through certain pubhc right-of-way and other pubhc 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 1 ORDINANCE NO. 4846 SECTION II. Non-Exclusive Franchise (City Code 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, pubhc thoroughfares, sidewalks, and utihty 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 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, dedication of same as they 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. Metromedia Fiber Network Services, 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 than 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 establishment and improvement thereof, freeway construction, change of establishment of street grade or the construction of any pubhc improvement or structure by any government agency acting in a governmental 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 III. Location of FacUities: The location of facUities shaU be underground or in accordance with City Code sections 5- 19-5.1.1 through 4 as conditions warrant. 2 ORDINANCE NO. 4846 SECTION IV. Construction Permit (City Code section 5-19-10.C): A construction permit application with three sets of plans is required for each proposed project. AH 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 Planning/Building/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 shall be subject to approval of the Planning/Building/Pubhc Works Administrator or his/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 boring rather than open trenching whenever reasonably feasible. New facihties 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. 3 ORDINANCE NO. 4846 SECTION VI. Permanent Records (City Code 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 of 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 supphed 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 pubhc right-of-way, and other pubhc 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 shah 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 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. Grantee shall establish and maintain at all times adequate facihties 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. 4 ORDINANCE NO. 4846 Approved traffic control plans shall be utilized for each installation when working in the pubhc right-of-way (City Code section 5-19-1 l.F). The Grantee shall be responsible for ah work performed 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 Facihties (City Code 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 Plarining/Building/Pubhc Works Administrator shall be required to post a performance bond in favor of the City 5 ORDINANCE NO. 4R4fi warranting, among other things, that such restoration work will be performed promptly to a condition equal to or better than the original condition and in a proper, workmanlike manner. Where concrete encased recorded monuments have been disturbed or displaced, Grantee shall restore the monument to federal state and local standards and specifications. AU restoration of pubhc streets, sidewalks and other amenities shaU 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 pubhc right-of-way, Metromedia Fiber Networks Services, Inc. shaU assume fuU responsibihty for using materials and instaUation methods that are in full comphance with City standards and shaU verify this by submittal of documentation of materials and testing reports when requested by the City. AU costs for performing on-site testing, such as compaction tests, shaU be borne by Metromedia Fiber Networks Services, Inc. SECTION IX. Hold Harmless Agreement: The Grantee, its successors and assignees, agrees and covenants to mdemriify and hold harmless the City of Renton from and against any and aU liability, 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, the City shaU (i) cause written notice thereof to be given unto Grantee, (ii) give aU reasonably requested assistance in defense or settlement of such claim at Grantee expense, and (in) grant the right to control the defense or settlement of such claims. 6 ORDINANCE NO. 4846 SECTION X. Liability Insurance (City Code sections 5-19-10.O, P, Q & R): The Grantee shah secure and maintain a comprehensive general habihty insurance policy, inclusive of umbrella coverage, insuring both the Grantee and the City and its elected and appointed officers, officials, agents and employees as co-insureds as follows: 1. Comprehensive general habihty insurance, inclusive of umbrella coverage, with limits not less than: a. Five million 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; 2. Automobile habihty insurance for owned, non-owned and hired vehicles, inclusive of umbrella coverage, with a limit of three milhon dollars ($3,000,000); 3. Workmen's compensation with statutory limits and employer habihty insurance, inclusive of umbrella coverage, with hmits of not less than one million 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 shall obtain and furnish to the City replacement insurance pohcies meeting the requirements of this section. 7 ORDINANCE NO. 4846 SECTION XL Revocation or Termination of Grant (City Code sections 5-19-10.U &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 days after written notice unto the Grantee, whenever the Grantee fails to comply with any of the material terms and conditions hereof. 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 (City Code section 5-19-12.D): The City of Renton reserves unto itself the right and power at all times to reasonably regulate in the pubhc interest and for the pubhc welfare the exercise of all Grantee's rights granted herein. The laying, construction, installation, maintenance and operation of the system and facihties 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 two working days written notice of any such blasting, grading, or 8 ORDINANCE NO. 4R46 excavating so that the Grantee may take proper steps to protect its communication line and facihties. SECTION XIII. Damage, Injury or Loss: (City Code section 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. This Franchise does not reheve 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 specificaUy prescribed herein, and any such privUege claimed under this Franchise by the Grantee in any street shah be subordinate to any prior lawful occupancy of the street or any subsequent improvement or instaUation therein. SECTION XIV. Discontinued Franchise: (City Code sections 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 30 days after any termination of this Franchise, then the Grantee shaU promptly remove from the streets and other properties aU of its facihties, other than any the City may permit to be temporarily or permanently abandoned. SECTION XV. Ownership Transfer (City Code 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 CouncU of the City of Renton. The City will not delay or withhold written consent without just cause. 9 ORDINANCE NO. 4846 SECTION XVI. Security Device (City Code section 5-19-10.Q): The Grantee shall, within ten days after the award of this Franchise, file with the Planning/ Building/Pubhc Works Department of the City of Renton and 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, mdemnification or cost of removal or abandonment of properties hereinabove described, up to the full amount of the said bond, said condition to be a continuing obhgation 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 XVII. System Expansion: Upon apphcation to the Department of Planning/Building/Pubhc Works of the City of Renton by the Grantee, the Planning/Building/Pubhc Works Department may authorize the Grantee to install, construct and/or retain in City streets additional system expansions, as contemplated in Section I hereof, in a manner satisfactory to the Plarining/Building/Pubhc Works Department. Such additional installations shall be subject to all of the terms and conditions of this 10 ORDINANCE NO. 4846 Franchise Agreement and to any such additional conditions as may be prescribed by the Plarining/Building/Pubhc Works Department as to any such additions. The City of Renton conducts both an annual pavement overlay program and a Six 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 instaUation. It is therefore the Grantee's responsibility to obtain the city's annual pubhcations regarding the pavement overlay program and the Six 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 instaUation. The City of Renton reserves the right to withhold issuance of permits for planned expansion or maintenance activities that wiU damage pavement within five years of its instaUation. SECTION XVIIL Telecommunications Fees: The Grantee (Metromedia Fiber Network Services, Inc., its successors and assignees) agrees to pay annuaUy to the City of Renton from and after the date of acceptance of this Franchise and during the period it shaU remain in effect 6% per annum of its gross exchange service receipts derived from the telecommunications located within the limits of said City of Renton as specified in City Code section 5-11-1. However, if the 6% per annum telecommunication tax faUs below $200.00 annuaUy, then an aohninistrative fee shaU be applied up to $200.00. Payments are to be paid in monthly installments in accordance with City Code section 5- 11-2 to the Finance and Information Services Administrator. 11 ORDINANCE NO. 4846 a. Registration Fee: $25.00 b. Construction Permit Fee $50.00 Plus time & materials Cost. Metromedia Fiber Networks Services, Inc. does hereby agree to pay a one-time aohninistrative fee for Franchise preparation and processing of $5,000.00. SECTION XIX, 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. Metromedia Fiber Network Services, Inc. V.P. Legal Affairs One North Lexington Avenue White Plains, NY 10601 SECTION XX. This Ordinance shall be effective upon its passage, approval, and 30 days after pubhcation. PASSED BY THE CITY COUNCIL this 19th day of June , 2000. APPROVED BY THE MAYOR this 19th day of June , 2000. Date of Pubhcation: June 23, 2000 (Summary) ORD.857:06/07/2000:as. 12 ACCEPTED BY FRANCHISEE, Metromedia Fiber Network Services, Inc. this 4- day of TU.K 2000. X}0J {AP-AM- Signature Print Name Print Name Signature TITLE l/'P'iir^i ,-)•-: t • 13