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Sanitary Sewer Franchise - EXPIRED 4809271 ` T e: 1of i:t 42 12002 11;4fiA 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 4$09271 , Pae: 2of11' ' 12~Q212000- 11:46A, COUNTY ENGINEER RES $0.00 Spokane Co, wA 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. ` 9' 4809271 Pae; 3of11 12~Q212002 11:46A COUNTY ENGINEER RES $4.00 Spokane Co, WA 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. 4809271 12~4212002 o 111:46A I~ C4UNTY ENGINEER RES $4,04 Spokane Co,, YtA 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 4809271 . ~ Pa e; 5 of 17 12~02 j2042 11;46A ..COUNTY ENGINEER RES $4.00 Spokane Co, WA 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 4809271 . Pa 6 of 11 12~e:, 02(2QQ2 11';46A COUNTY ENGINEER RES $0.40 Spokane Co, WA ' 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. 4809271 r- , . . Pa e: 7 of il 12~4212Q42 .11;46A CQUNTY ENGINEER RES $0,00 . Spokane Co, WA 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 4809271 . Pa e; , 8 of 11, 1111' 12~0212002 11;46A ' . C4UNTY ENGINEER RES $0,00 Spokane Co, wA County Engineer, is inadequate. The cost thereof, including the cost of inspection and supervision, shall be paid , 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. Jill 11 4809271 I~ ~I P2'4212Q02 o111,4fiA • COUNTY ENGiNEER RES $0,44 Spokane Co, WA 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. , 48,09271 ' Pae; 14ofi11• 12~Q212402 11;46A COUNtY ENGINEER RES $0,00 Spokane Co, WA 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 4809271 12~Q2120021 11:46A • y . G4UNTY ENGINEER RES $0.00 Spokane Co, WA 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 . . ' . T e: 1 3 of 11 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 Pae, 15of11 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