Sanitary Sewer Franchise - EXPIRED
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After Recording Return to: Spokane Counry Engineer CQUNTY ENGINEER RES $0.00 Spokane Co, YIA
Attn: Engineering Administration "
RESOLUTION NO. 2 1099
'
BEFORE THE BOARD OF COUNTY CONIMISSIONERS OF SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF THE RPPLICATION OF )
SPOKANE COUNTY PUBLIC WORKS DEPARTMENT, )
DIVISION OF UTILITIES FOR A FRANCHISE ) S A N I T A R Y
TO CONSTRUCT, OPERATE AND MAINTAIN ) S E W E R
A SANITARY SEWER SYSTEM WITHIN COUNTY ) FR A N C H I S E
ROADS, HIGHWAYS, RIGHTS OF WAY AND )
PROPERTIES WITHIN SPOKANE COUNTY, WASHINGTON }
Applicatiori of Spokane County Public Works Department, Division of Utilities, doing business
in Washington, at Spokane, for a franchise to construct, operate and maintain Sanitary Sewer facilities
in Spokane County roads, highways, public properties and rights of way in the Spokane County,
Washington, as hereinafter set forth, having come on regularly for hearing before the County.
Commissioners of Spokane County, Washington, on the 19th day of November, 2402, at the hour of
5:00 p.m., under the provisions of Chapter. 187, State Sessions Laws of 1937, and it appearing to the Board that notice of said hearing has been duly given as required by law; and that it is in the public
interest to grant the franchise herein granted; .
1. I,EFMTIONS Captions. Throughout this Franchise, captions to sections are intended solely to facilitate reading and to
reference the sections and provisions of this Franchise. The captions shall not affect the meaning and
interpretation of this Franchise.
lDefinitions: . For the purpose of this Franchise, the following terms, phrases, and their derivations shall
have the meanings given below unless the context indicates otherwise. When not inconsistent with the context,
words used in the present tense include the future tense, words in the plural number include the singular number,
and words in tlie singular include the plural number. The word "shall" is always mandatory and not merely
duectory.
1. "Construction or Construct" shall mean constructing, digging, excavating, laying,
testing, operating, extending, upgrading, renewing, removing, replacing, and repairing
a facility
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2. "Consumer" shall mean any person, persons, customer, firm, association, municipal
corporation, and/or corporation that uses the product, including residential,
commercial, and industrial users.
3. "County" - The County of Spokane, a municipal corporation of the State of
Washington, which specifically includes all areas incorporated therein as of the
effective date of this Franchise and any other areas later added thereto by annexation or
other means. Also to have the meaning of an entity, depending on the context, its
authorized agents, successors, and assigns.
4. "County Engineer" - The head of the Division of Engineering, or the designee or
authorized representative of the Gounty Engineer.
5. "County Project" - Any public work or improvement under direction of the County
Engineer.
6. "Distribution System, System, and Lines" used either in the singular or plural shall
mean and include the poles, conductor, pipe li.nes, mains, laterals, conduits, feeders, _
regulators, meters, fixtures, connections, and all attachments, appurtenances equipment
and appliances necessary. and incidental thereto or in any way appertaining to the
distribution of the product and which are located within the County Right of Way.
7. "Days" - Calendar days.
8. "Facility" means any tangible component of the Sanitary Sewer system within the
County Right of Way or on County Property, including supporting structures, located in
the operation of activities authorized by this Franchise. The abandonment by Grantee
of any facilities as defined herein shall not act to remove the same from this definition:
9. "Franchise" means this Franchise agreement, as fully executed by the County and the
Grantee.
;
10. "Grantee" - An entity or natural person with whom this Franchise agreement is made.
11. "1Vlaintenance, 1Vlaintaining, .or Maintain" shall mean the work involved in the
replacement and/or repair of Facilities; including constructing, relaying, repairing,
replacing, examining, testing, inspecting, removing, digging and excavating; and
restoring operations incidental thereto.
12. "Peririittee" - A person who has been granted a permit by the Permitting Authority.
13: "Permitting Authority" - The head of the Counry department authorized to process and grant permits required to perform work in the County's Right of Way, or the head
of any agency authorized to perform this function on the County's behalf. Unless
otherwise indicated,. all references to Permitting Authority shall include the designee of
. the department or agency head. 14. "Person" - An entity or natural person..
15. "Product" - Refers to the item for consumption or service provided by the Grantee. _
16. "Public Properties" Any real-estate or any facility owned by the courity.
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17. "Public Works Director" - The head of the Public. Works Department of the County,
or in the absence thereof, the head of the Division of Engineering, or the designee of
either of these individuals. 18. "Right of Way", as used herein, shall refer to the surface of and the space along,
above, and below any street, road, highway, freeway, lane, sidewalk, alley, court,
boulevard, parkway, drive, Grantee easement, and/or road Right of Way now or
hereafter held or administered by the County of Spokane.
19. "Standard Specificataons for Road, Bridge, and Municipal Construction" is the
most current edition. Where this standard refers to "the State" substitute "the
County. "
20. "Streets", "liighways" mean the surface of, and the space _ above and below, any '
public street, road, alley or highway, within the County used or intended to be used by
the general public, to the extent the County has the right to allow the Grantee to use
- them.
2. 1ZIGH'TS GRANTED
Spokane County Public Works Department, Division of Utilities, its successors and. assigns
(hereinafter designated as the "Grantee"), shall have the right and authority to enter upon the County roads,
highways, public properties and rights-of-way as herein described for the purpose of constructing and installing its
Facilities (hereinafter. referred to as the "system") and for repairing, operating, maintaining, removing and
replacing all or any portion of its system, as, approved under County permits (if required) issued by the Permitting
Authority pursuant to this Franchise and applicable Counry resolutions and ordinances. 3 TUVIIE PERIOD
The granted Franchise shall Commence on the date this Franchise becomes effective and Terminate
November 19, 2025; provided that Grantee shall have no rights under this Franchise unless, and until, Grantee files with the County a written consent to all terms and conditions of this Franchise Agreement, and the Franchise
granted by this agreement shall be. null and void if such written consent is not filed within thirty (30) days after the
effective date of this Franchise. Application. for extension or renewal of the term may be made no sooner than
one year before expiration thereof.
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4. AI.L FACILYITIES UNDER FRANCI-HSE
Any facilities and appurtenances in streets, alleys, and rights-of-way. .described in Exhibit "A" incidental
to the Franchise system, that have been or are at any future time acquired, leased, or utilized in any manner by
Grantee are thereupon to be deemed authorized by and shall be subject to all provisions of this Franchise.
5. NOT EXCLUSIVE
. This Franchise is granted upon the further express condition that it shall not be an exclusive Franchise ,
and shall not, in any manner, prohibit the County of Spokane from granting any other Frarichise over; in, along,
under, below, upon, and across any of the said County roads of any kind and character or tenitories that may be
deemed proper by the Spokane County Commissioners, and this Franchise shall not in any way prevent the
County of Spokane from using the said County roads and highways of any kind and character or territories, or
affect the jurisdiction over them and every part of them by the County of Spokane. The County shall retain full
authoritative power to make all necessary repairs, changes, maintenance, relocations, establishment,
improvement, dedication, vacation, alterations, etc., in the same and like manner as though this Franchise had
never been granted.
6. NON IlNTERFERENCE WITH EXISTING FACILITIES
The County shall have prior and superior right to the use of its roads, streets, and alleys, and Public
Properties for installation and maintenance of its facilities and other governmental purposes, and should a conflict
arise with the Grantee's facilities, the Grantee shall, at its own expense and cost, conform to the County's
facilities and other government purposes of the County. -
Grantee's system shall be constructed and maintained in such manner as not to interfere with any other
property of the County, or with any other pipes, wires, conduits or other facilities that may have been laid in the
Rights of Way by or under the County's authority. .
7. COUN7CY' S ItIGHT TO THE IZOAD NOT SUPEltSEI)EI)
. Spokane County, in the granting of this Franchise, does not waive any rights which it now holds or may
hereafter acquire, and this Franchise shall not be construed so as to deprive Spokane County any powers, rights,
or privileges which it now has, or may hereafter acquire, including the right of eminent domain, to regulate the
use. and control of the County roads covered by this Franchise, or to go upon any and all County roads and
highways for any purpose including constructing, repairing, or improving the same in any such manner as
Spokane County, or its representatives may elect. The County shall. retain full authoritative power in the same
and like manner as though this Franchise had never been granted.
Nothing in this Franchise shall be construed to prevent the County from constructing facilities, grading,
paving, repairing and/or altering any street, or laying down, repairing or removing faciTities or constructing or
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establishing any other public work or improvement. All such work shall be done, insofar as practicable, so as to
not obstruct, injure or prevent the unrestricted use and operation of the facilities of the Grantee under this
Franchise.
8. RELOCATION OF FACILITIES
The County shall have the right to require Grantee to change the location of its facilities within the Rights of Way when the road right of way is realigned. The County shall provide the Grantee with the standard notice,
as stated below. If the County requires Grantee to relocate its facilities located within the County's Rights of
Way, the County will provide Grantee with an altemate location for its facilities within the County's Rights of
Way.
The relocation of Grantee's facilities shall be at the sole expense of Grantee unless the County Engineer
determines, after consultation with Grantee and at Grantee's request, that the benefit of such improvements or
changes to the County road, highway or Right of Way inures primarily to adjacent property owners or developers
and not the general public. In such case, the County agrees to make reasonable efforts to facilitate an agreement
between such owners or developers and Grantee, and where appropriate, as determined by the County Engineer,
withhold approval and/or acceptance of the improvements or development until the owner or developer has
entered into an agreement to pay for the costs of relocation.
Grantee agrees and covenants at its sole cost and expense, to protect, support, temporarily disconnect,
relocate or remove from any Right of Way its facilities when so required by the County, provided that Grantee
shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the same Right of Way '
upon approval by the County, any facilities required to be temporarily disconnected or removed.
When relocation of Grantee's facilities are required by County projects the following Standard Notice shall
be sent unless emergency conditions dictate otherwise, as determined by the County Engineer:
1. Spokane County shall make available to Grantee a list of anticipated projects for each new
budget period as soon as is reasonably practicable.
2. Spokane County shall send a Preliminary Utility Notice with a section map showing the job
limits and a typical section or a preliininaryplan if it is available.
3. Spokane County shall. send a Second Utility Notice once the plans are available to show the
existing utilities.
4. Spokane County shall hold a Utility Design Meeting for all the utilities affected.
5. Spokane County shall send a"Utility Notice to Proceed" with the proposed bid opening
date and final plans. 6. Relocation of Grantee's facilities shall be completed in a timely manner defined as follows:
Relocation of Grantee's facilities shall normally be done concurrently with such projecfs,
Spokane County shall be so notified and agree to a written schedule for relocation.
Reasonable compliance with such a written schedule shall be Grantee's duty.
7. The provisions of this Section shall in no manner preclude or restrict Grantee from making
any arrangements it may deem appropriate when responding to a request for relocation of its
facilities by any person other than the County, where the improvements to be constructed by
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said person are not or will not become County-owned, operated or maintained, provided
that such arrangements do not unduly delay a County construction project.
9. PIJBLIC RECOlaDS
As a condition. of this Franchise, and at its sole expense, Grantee agrees to provide the County with
available as-built plans, potential improvement plans, field locates, maps, plats, specifications, profiles, and
records of specific Facilities within Spokane County Right of Way upon request. Such documents shall typically.
be provided within one week of the specific request. These records shall be in a digital electronic format
acceptable to the Counry, unless the Counry Engineer deems it to be a hardship to the Grantee, in which case a
hard copy in a format acceptable to the County Engineer shall be provided. Grantee shall provide the County a
schematic plan map updated annually showing the general extent of Grantee's facilities located within the County
Right. of Way or Public Properties.
To the extent such requests are limited to specific facilities at a given location within the Franchise area
in connection with the construction of any County project, Grantee shall provide to the County, upon the County's
reasonable request, copies of available drawings in use by Grantee showing the location of such facilities.
Grantee shall field locate its pressurized facilities in order to facilitate design and planning of County improvement
projects.
Upon.written request of the County, Grantee shall provide the County. with the most recent update
available of any plan of potential improvements to its facilities within the Franchise Area; provided, however, any
such plan so submitted shall be for informational purposes only, and shall not obligate Grantee to undertake any
specific improvements within the Franchise Area. Public Disclosure Act:. Grantee. acknowledges that information submitted to the County may be subject
to inspection and.copying under.the Washington Public Disclosure Act codified in chapter 42.17 RCW. Grantee
shall mark as "CONFIDENTIAL" each page or portion ihereof of any documentation/information which it
submits to the County and which it believes is exempt from public inspection or copying. The County agrees to provide the Grantee with a copy of any public disclosure request to inspect or copy documentation/information
wtiich the Grantee has provided to the County and marked as "CONFIDENTIAL" prior to allowing any inspection
and/or copying as well as provide the Grantee with a time frame, consistent with RCW 42.17.320, to provide the
County with its written basis for non-disclosure of the requested documentation/information. In the event the
County disagrees with the Grantee's basis for non-disclosure, .the County agrees -to withhold release of the
requested documentation/information in dispute until the Grantee can file a legal action under RCW 42.17.330.
10. IlNCORPOltATION IlNTO A CITY OR TOVVN
Whenever any of the County roads or rights=of-way designated in this Franchise by reason of the
subsequent incorporation of any city or town, or extension of the limits of any city or town, shall fall within the
city or town limits, then this Franchise shall terminate in respect to said roads or rights-of-way so included within
said lunits by the tiune period specified by law; but. this Franchise shall continue in force and effect as to all
Counry roads or rights-of-way not so included within ciry or town lunits.
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11. ItOAD VACATIONS
In the event that the Grantor shall vacate any road, right of way, or other public property, and if at the
time of the vacation the Grantee is utilizing the property that is the subject of the vacation for the purposes
expressly provided for under this Franchise, then Grantor will notify Grantee of pending vacation and Grantee
may, request that a perpetual easement be reserved in the favor of the Grantee for the purpose of enabling the
Grantee to continue to operate and maintain its facilities permissible under this Franchise that was installed prior
to the vacation. Such easement shall also expressly prohibit any use of the vacated properties which will interfere
with the Grantee's use of the vacated properties in the manner set forth in this Franchise.
12. CONST'RZJCTION
Notification of Work to be Done: . .
County Ordinances, provide minimum rules governing when and how utilities are to notify neighboring
property owner of plans to construct Facilities. Additionally, Grantee or Grantee's contractor is to maintain their
own standard notification procedures intended to provide reasonable advance notice of construction plans. In the
event the County determines that such notification rules are not meeting the public's needs, the County can require
additional notification requirements. Pea-mits:
Prior to doing any construction within the County Right of Way, the Grantee's contractor must apply for, and obtai.n, appropriate permits from the County. All facilities shall be constructed and maintained at such locations as approved by the County through the
permit process so as to least interfere with existing and planned utilities and with free passage of traffic and in
accordance with the laws of the State of Washington and the Franchises and standards of the County regulating
such construction. Grantee's contractor shall be responsible for obtaining all permits and approvals otherwise
required by the County unless expressly provided to the contrary herein.
itestoratgon of Streets: Whenever Grantee's. contractor disturbs the surface of any County Right of Way. for any purpose,
Grantee's contractor shall promptly restore the County Right of Way to at least its prior condition; before the
work commenced to the satisfaction of the County Engineer. When any opening is made by Grantee's contractor
in a hard surface pavement in any County Right of Way, Grantee's contractor shall promptly refill the opening
and restore the surface to a condition satisfactory to the County Engineer. If Grantee's contractor excavates the
surface of any County Right of Way, Grantee's contractor shall be responsible for restoration of the County Right
of Way and its surface within the area affected by the excavation. The County may, after providing notice to
Grantee, refill and%or repave any opening made by Grantee's contractor in the County Right of Way, and the
expense thereof shall be paid by Grantee's contractor. The County reserves the right, after providing notice to
Grantee, to remove and/or repair any work done by Grantee's contractor which, in the determination of the
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by the Grantee's contractor. All excavations made by Grantee's contractor in the County Rights of Way shall be
properly safeguarded for the prevention of accidents. All of Grantee's contractor'.s work under this Franchise
shall be done in strict compliance with all applicable rules and regulations of the County.
PROVIDED, HOWEVER, that no such disturbance of the surface of said County Right of Way shall be
done prior to obtaining a permit issued by the County Engineer, which. permit shall contain specifications for the
restoration of said roads to the same conditions as they were prior to such disturbance; and
During the progress of the construction, the Grantee's contractor shall not unnecessarily obstruct the
passage or use of the Right of Way, and shall provide the County with plans, maps, and information showing the
proposed and final location of any Facilities in accord with this Franchise.
Construction Standards:
All facilities shall be installed in substantial conformity with the maps and specifications filed with the
County. All plans and specifications shall adhere to the Manual on Uniform Traffic Control Devices, or similar
standards as may be applicable from time to time. No such construction shall be commenced without the
Grantee's contractor first securing a permit, where such permit is required, in writing from the County Engineer
and notifying the County Engineer's representative at least 48 hours prior to permitted construction. All such
permitted work shall be subject to the approval of and shall pass the inspection of the County by and through its
County Engineer or other designated official.
Notwithstanding any provision herein to the contrary, any excayations and installations by the Grantee's
contractor in any of the public properties within the corporate limits of the County shall be done. in accordance
with such reasonable rules, regulations, authorization, and resolutions of general application now enacted or to be
enacted by the Board of County Commissioners, relating to excavations in public properties of the County, and
authorized by the County Engineer. Said rules, regulations, authorizations, and resolutions shall be for the
purposes of fulfilling the County's public trustee role in administering the primary use and purpose of public
properties, and not for relieving the Grantee's contractor of any duty, obligation, or responsibility for the
competent design, construction, maintenance, and operation of its facilities.
Construction:
1. The County Engineer or his representative may request, a preconstruction conference for
a particular job after reviewing the permit application. In such a situation, the Grantee's
contractor agrees to attend said meeting and discuss the scope of_the project.
2. The Grantee's contractor agrees to schedule the construction herein referred to and
perform said construction in such a manner as not to delay County projects.
3: A copy of the permit and plans must be on the job site, and protected from the
elements, at all times.during any of the construction authorized by said permit.
4. Construction within the Right-of Way shall be restricted to aecommodate the Noise
Disturbance. Ordinance and no construction shall be allowed on the Right of Way on
Saturday, Sunday, or holidays; unless authorized by the County Engineer. . The proceeding
restrictions do not apply to emergency work. Any lane closures must be submitted for
approval in advance of use. The hours of permitted closure may differ from the above
noted hours.
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5. Should the Grantee choose to perform the work outlined herein with other than its own
employees, a representative of the Grantee shall be identified to act as liaison for issues
related to the work of the contractor. All contact between the County and the Grantee's
contractor shall be through the representative of the Grantee. If the Grantee chooses to
perform the work with its own employees, the Grantee shall appoint one of its own
employees as its representative.
6. The Grantee's contractor shall install detector tape or cable approximately 6-12 inches
above pressure sewer mains. The tape shall conform to the standards of the American
Public Works Association Uniform Color Code.
7. During the construction and/or maintenance of this facility, the Grantee's contractor
shall comply with the current addition of the Manual on Uniform Traffic Control Devices
for Streets and Highways. If determined necessary by the County. Engineer, the Grantee's
contractor shall submit a signing and traffic control plan to the County Engineer's
representative for approval prior to construction or maintenance operations.
8. The shoulders, where disturbed shall be surfaced with crushed surfacing top course six
. inches minimum compacted depth; or as directed by the County Engineer's representative.
The surface of the finished shoulder shall slope down from the edge of pavement at the rate
of 0.02 foot per foot unless otherwise directed. The restored shoulder must be maintained
at a minimum of 2 feet in width.
9. The Grantee's contractor shall notify the County Engineer's representative upon completion of the permitted construction under this permit/Franchise so that a final
inspection can be made and shall furnish upon request to the County Engineer a revised
plan of the final location or relocation of its facilities if the original permit plans have been
revised during the course of construction.
10. In the event tliat construction and maintenance of the highway facility within the
proximity of the Grantee's installation becomes necessary during the period which the .
Grantee will occupy a portion of the Right of Way, it is expressly understood that, upon
request from the County Engineer's representative, the Grantee will promptly identify and
locate by suitable field markings any and all of their pressurized underground facilities so .
that the County or its contractor can be fully apprised at all times of its precise location and
at no cost or expense to the County or its contractor.
Shared Use Excavation:
If, at any time, or from time to time, either Grantee or the County shall cause excavations to be made
within the Franchise area, the party causing such excavation to be made shall afford the other upon receipt of a
written request to do so, an opportunity to use such excavation, provided that: (I) such joint use shall not
unreasonably delay the work of the parry causing the excavation to be made; (II) such joint use shall be arranged
and accomplished on terms and conditions satisfactory to both parties; and (III) either party may deny such a
request for reasons of safery.
Final Condition: After performing any work within the County's Right of Way, Grantee's contractor shall leave every
road or public highway in as good and safe condition in all respects as they were before the commencement of
said work, and whenever Grantee shall discontinue the use of any facility it shall immediately abandon said
facility in place.
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13 o ElVIERGENCY RESPONSE
The Grantee shall, within one month of the execution of this Franchise by the Grantee, provide the
County with a copy of the Grantee's Emergency Response Manual. The plan shall designate responsible officials
and emergency 24-hour on-call personnel and the procedures to be followed when responding to an emergency.
After. being notified of an emergency, Grantee shall. cooperate with the Counry and make every effort to respond
as fast as practical with action to minimize damage and to protect the health and safety of the public.
In the event the Grantee fails or refuses to promptly take the directed action, or fails to fully comply with
such direction, or if emergency conditions exist which require immediate action to prevent imminent injury or
damages to persons or properry, the County may take such actions as it believes are necessary to protect persons
or property and the Grantee shall be responsible to reimburse the County for its costs.
14. PIgOT'ECZ'ION OF MONU1VEN'I'S -
Before any work is performed under this Franchise which may affect any existing monuments relating to
subdivisions, plats, roads, and all other surveys, the Grantee shall reference all such monuments. The reference
points shall be so located that they will not be disturbed during the Grantee's operations under this Franchise. The
method of referencing these monuments or other points shall be under the supervision of a licensed surveyor. All
concrete encased recorded monuments which have been disturbed or displaced by such work shall be restored
pursuant to Federal standards and specifications. The replacement of all such monuments disturbed during
consiruction shall be made as expeditiously as the conditions permit, and as directed by the County Engineer: The
cost of monuments lost, destroyed, or disturbed, and the expense of replacement of approved monuments and
other marker ties which have been re-established or disturbed shall be borne by the Grantee.
15. T1tEES .
The Grantee shall have the ability to cut or remove vegetation, on, or hanging over any County road,
right-of-way, streets, alleys or County property consistent with the provisions of RCW 64.12.035 as it
presently exists or may be hereinafter amended.
16. HAZARDOUS SUBSTANCES Grantee shall comply with all applicable state and federal laws, statutes, regulations and orders
concerning Hazardous Substances relating to Grantee's Facilities in the Right of Way.
Grantee shall maintain and inspect its Facilities located in the Rights of Way: Upon reasonable notice to
Grantee and in the presence of an authorized representative of Grantee, the. County may inspect Grantee's
facilities in the Rights of Way to determine if any release of Hazardous Substances has occurred, or may occur,
from or related to Grantee's Facilities. This inspection is _ not to remove the burden. of inspection from the
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Grantee on a periodic basis of its facilities for Hazardous substances, nor is to remove the responsibiliry of the
Hazardous substance from the Grantee.
In removing or modifying Grantee's facilities as provided in this Franchise, Grantee shall also remove all
residue of Hazardous Substances in compliance with applicable environmental clean-up standards related thereto.
17. LOCATES - One-Call System , _ _Pursuant to RCW 19.122, Grantee is responsible for becoming familiar with, and understanding, the
provisions of Washington's One Call statutes. Grantee shall comply with the terms and conditions set forth in the
One-Call statutes.
18. BONI)
Construction Bond: During all times wlien Grantee's Contractor is performing any construction work in or
under the Streets requiring a street opening permit, Grantee's Contractor shall post a faithful performance bond or
irrevocable letter of credit, as is required for street opening permits, running to the County, with good a corporate
surety authorized to do a surety business in the State of Washington, in a sum to be set and approved by the
County Engineer as sufficient to ensure performance of Grantee's Contractor's obligations under this Franchise.
The bond shall be conditioned so that Grantee's Contractor shall observe all the covenants, terms and conditions
and faithfully perform all of the obligations of this Franchise, and to erect or replace any defective work or
materials diseovered in the replacement of the County's streets or property 'within a period of two years from the
date of the replacement and acceptance of such repaired streets by the County. The bond or letter of credit shall
be conditioned that the Grantee's Contractor shall well and truly observe, fulfill and perform each term and
condition under the Franchises for Construction and Relocation. Grantee's Contractor shall pay all premiums or
other costs associated with maintaining the bond or letter of credit, and shall keep the same in full force and effect
at all times during the construction work. The bond or letter of credit shall provide that it may be terminated
upon final approval of Grantee's Contractor's construction work in or under the streets by the County Engineer
which shall not. be unreasonably withheld or delayed. Upon such approval; the County agrees to sign all
documents necessary to release _the bond in accordance with the terms of this Franchise. . During the duration of
the construction work, Grantee's Contractor shall file with tlie County Engineer a copy of the bond or letter of
credit, along with written evidence of the_ required premiums. The bond or letter of credit shall be subject to the
reasonable approval of the County. Engineer as to its adequacy under the requirements of this Franchise.
Recourse ALminst Bonds and Other Securitv. So long as the bond is in place, it may be utilized by the
. County for the following purposes, including, but not limited to, reimbursement of the County by reason of
Grantee's Contractor's failure to pay the County for actual costs and expenses incuned by the County to make
emergency or safety,or to conect Franchise yiolations not corrected by the Grantee's Contractor after notice, and
monetary remedies or damages assessed against Grantee's Contractor due to default or violations of the
requirements of Counry Franchise Agreements.
In the event Grantee's Contractor has been declared to be in default by the County and if Grantee's Contractor fails, within ninty (90) days of mailing of the County's default notice, to pay the County any penalties,
or monetary amounts; or fails to.perform any of the conditions of this Franchise, the County may thereafter obtain
from the performance bond an amount sufficient to compensate the County for damages. Upon such withdrawal from the bond, the County shall notify Grantee's Contractor in writing, by Certified Mail, of the amount
withdrawn and date thereof.
I~~e 4809271.
. 1u-11 TO 1 z o~r 112 j2002 11; 49
GOUNTY ENGINEER RES $4,04 Spokane Co, WA '
Ninety (90) days after the County's mailing of notice of the bond forfeiture or withdrawal authorized
herein, Grantee's Contractor shall deposit such further bond, cash, or other security, as the County may require,
which is sufficient to meet the requirements of this Franchise.
19. ABANDONIVIENT OF F.A,CILITIES
In the event the County declares that the Grantee's facilities must be abandoned, or if the Grantee
abandons its facilities in place, those facilities abandoned must be treated at the expense of the Grantee, so as to
render them completely safe and purged of hazardous materials. The Grantee shall be responsible for undertaking
any environmental review required by the abandonment of such facilities, and for the payment of any costs of .
conducting such environmental review.
20. leTO1oT-COlVIPI1IANCE WIT'H F'RANCILISE TERMS
Remedies to Enforce ComDliance.
If the Grantee shall fail to comply with any material provision of this Franchise, the County may
compel compliance by serving upon the Grantee a written notice of the violation and the
direction to comply within ninety (90) days from the date the order is received by the Grantee.
If the Grantee is not in compliance with this Franchise after expiration of said ninety (90) day
period, the County may revoke the right to work within the County right of way until such
noncompliance is remedied.
21. CHOICE OF FORUM
Any litigation between the County and the Grantee arising under or regarding this Franchise
shall occur, if in the state courts, in, the Spokane County Court having jurisdiction thereof, and if in the
federal.courts, in the United States District Court for the Eastern District of Washington.
22. NATURAL DISASTEIt A. For puiposes of this subsection, the term "Force Majeure" shall mean acts_ of God,
landslides, earthquakes, .lightning, fires, hurricanes, volcanic activity, storms, floods,
washouts, droughts, civil disturbances; acts of terrorism or of the public enemy, partial or
entire failure of utilities, strikes, explosions, lockouts or other industrial . disturbances,
. insunections, public riots or other similar events which are not reasonably within the
control of the parties hereto.
. . IAII 4809271
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02 12402 11;46R
' COUNTY ENGINEER RES $4,40 Spokane Go, WA
B. If the Grantee is wholly or partially unable to carry out its obligations under this Franchise
as a result of Force Majeure, the Grantee shall give the County prompt notice of such Force
Majeure, describing the same in reasonable detail, and Grantee's obligations under this
Franchise, shall not be deemed in violation or default for the duration of the Force Majeure.
Grantee agrees to use its best efforts to remedy as soon as possible, under the
circumstances, Grantee's inability, by reason of Force Majeure, to carry out its responsibility and duties under this Franchise.
23. NON-ENFORCElVVIENT BY THE COIJNTY
lteeulation and IeTon-enforcement bv the Countv: The County shall be vested with the power and
authority to reasonably regulate the exercise of the privileges permitted by this Franchise in the public interest.
Grantee shall not be relieved of its obligations to comply with any of the provisions of this Franchise by reason of
any failure of the County to enforce prompt compliance, nor does the County waive or limit any of its rights
. under this Franchise by reason of such failure or neglect.
24. IllTDEMNIFICATIOleT Grantee hereby releases, agrees to indemnify, defend and hold harmless the County, its elected officials,
employees, agents, and volunteers from any and all claims, cost and expense, judgments, cause of action,
damages, loss, awards or liability to any person, to the extent caused by the negligent acts or omissions of
Grantee, its agents, servants, officers or employees in performing activities authorized by this Franchise.
25. IIlTS CE .
During the term of this Franchise, the Grantee shall obtain and' maintain commercial general liability
insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars
($2,000,000.00) aggregate, subject only to such reasonable rislc retention to the Grantee as is specified in any such.
policy. The County shall be named as an additional named insured. The County reserves the right to increase the
limits of such insurance during the term of the Franchise to amounts that are reasonable, prudent.and consistent
with good commercial insurance practice. The County will provide the Grantee three (3) months advance written
notification of any increase in the amount of insurance coverage. In the event the Grantee disagrees with any
increase in the amount of insurance coverage, it may employ, at its own expense, a Risk Analysis fanuliar with
public entity utilityliability, issues. The Risk Analysis shall be jointly selected by the County and Grantee. The
County agrees to accept the opinion of the Risk Analysis as to any increase in the amount of insurance coverage
required by the Counry.
Self Insured .
Any deductibles or self-insured retention must be declared and approved by the County.. Payment of
deductible or self-insured retention shall be the sole responsibility of Grantee. Grantee's self: insurance shall
provide at least the same amount and scope of coverage for the Grantee and the County, its officers, agents and
4809271
. Pa' e. • 14• of 17
12~02l2442 11;46A
GOUNTY ENGINEER RES $0.00 Spokane`Co', WA •
employees, as otherwise required under this Section. . The adequacy of such self-insurance shall be subject to the
County Attorney's review and approval. Upon Grantee's election to provide self-insurance coverage under this
subsection, any failure by the Grantee to maintain adequate self-insurance shall be cause for termination of this
Franchise.
26. ACQ G NEW FACILITIES
Upon Grantee's acquisition of any new Facilities in the Rights of Way, or upon any addition or
annexation to the County of any area in which Grantee retains any such Facilities in the Rights of Way. Such
Facilities shall immediately be authorized under the terms of this Franchise.
27. SEVERABILI7CY If any section, sentence, clause or phrase of this Franchise should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of any. other section, sentence, clause or phrase of this Franchise. In the event that
any of the provisions of this Franchise are held to be invalid by a court of competent jurisdiction, the County
reserves the right to reconsider the grant of this Franchise and may amend, repeal, add, replace or modify any
other provision of this Franchise, or may terminate this Franchise.
28.. NOTICE
Any notice provided for under this Franchise shall be sufficient if it is in writing and delivered personally
to the following addressee or delivered by certified mail with a return receipt requested.
Spokane County Public Works
Division of Engineering and Roads
1026 West Broadway Avenue
Spokane, Washington 99260-0170
• , ' <<,
, . 4809271
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12 ~02 j 2Q02 11: 46A
COUNTY ENGINEER RES $0,04 Spokane Co, WA
29. ACCEPTANCE
As a condition precedent to this Franchise taking effect, a written letter of full acceptance must be filed
with the Clerk of the Board of County Commissioners of Spokane County and recorded with the County Auditor
accepting all terms and conditions as set forth in this Franchise within -thirty days from the date signed by the
Board of County Commissioners. Such acceptance shall be unqualified and shall be construed to be an acceptance
of all the terms, conditions and restrictions contained in this Franchise. The Grantee's written acceptance shall
include the identification of an official liaison that will act as the County's contact for all issues regarding this
Franchise. The Grantee shall notify the County of any change in the identity of its liaison. A failure on the part
of Grantee to file such written acceptance within such time shall be deemed an abandonment and rejection of the
rights and privileges conferred hereby and this Franchise Agreement shall be null and void.
DATED at SPOKANE, WASHINGTON, this l~ day of 2002.
~OV COAUIfssr BOARD OF OUNTY COMMISSIONERS
•~EC.G . '2.
KA E COUNT Y, WASHINGTON
o~4q° ~~,,•0 r OF JT ~
SEALM. E, OVI C LIN, CHAIR
ATTEST: VICKY M. DALTON p
CLERK OF THE BOARD
JO ROSKELLEY, VICE-C AIR
'bANIELA ERICKSON, DEPUTY
ILLIP . HARRIS
The Grantee, Spokane County Public Works Department, Division of Utilities, hereinbefore
referred to, for itself, and for its successors and assigns, does accept all of the terms and conditions of
the foregoing franchise. _
o
c
°F ~ss 'BOARD OF COUNTY COMMISSIONERS
~~.o~n cb~~.•fG~ OF SPOKAN COUNTY, WASHINGTON
.4
~
. . ~
~
0 . h idC ...EAL . .
~ ~~v~ KATE M ALIN, CHAIR
ATTEST: VICKY M. DALTON
CLERK OF THE BOARD
AMA
RO KELLEY; 4AI
J~H R
.
DANIELA ERICKSON, DEPUTY ~
. HARRIS
. 4809271
n 12~02120026 ' 11 46A
~
COUNTY ENGINEER RES $0.00 Spokane Go, wA
EXHIBIT A,
Franchise No. 2-1099 covers all County roads, highways, and rights of ways located within the following
Townships, Ranges, .and Sections, less all the incorporated areas within Spokane County:
TOWNSHIP RANGE SECTIONS. 2 ~ 099 21 40 1-36
22 40" 1-36
23 40 1-36
24 40 1-36
25 40 1-36
26 40 1-36
27 : 40 1, 12-17, 21-36
21 41 1-36
22 41 1-36
23 41 1-36
24 41 1-36
25 41 1-36
26 41 1-36
27 41 5-8, 16-22, 26-36
28 41 31,32
21 42 1-36
22 42 1-36
23 42 1-36
24 . 42 1-36
25 42 1-36
26 42 1-36
27 42 1-5, 8-17, 20-29, 31-36
28 42 1-5, 8-17, 20-29, 32-36
29 42 1-5, 8-17, 20-29, 32-36
21 43 1-36
22 43 1-36
23 43 1-36
24 43 1-36
25 43 1-36
26 43 1-36
27 43 1-36
28 43 1-36
29 43 1-36
21 44 1-36
22 44 1-36
23 44 1-36
24 44 1-36
25 44 1-36 - 26 44 1-36
27. 44 1-36
28 44 1-36
29 44 1-36
21 45 1-36
22 45 1-36
23 45 1-36 .
24 45 1-36
25 45 1-36
26 45 1-36 . 27 45 1-36
28 45 . 1-36
29 45 1-36
21 46 6, 7, 18, 19, 30, 31
22 46 6, 7, 18, 19, 30, 31
4809271
~ P2~o, i/zaozl 11 asa
II
GOUNTY ENGINEER RES $0,00 Spokane Co, WA
23 46 6, 7, 18, 19, 30, 31.
24 46 6, 18, 19, 30, 31
25 46 6, 7, 18, 19, 30, 31
26 46 6, 7, 18, 19, 30, 31
27 46 6, 7, 18, 19, 30, 31
28 46 6, 7, 18, 19, 30,31
29 46 6, 7, 18, 19, 30,31
2 ~09-9