HomeMy WebLinkAboutFranchise - BOCC1464414 01/05/2022 11:37 AM FRANC
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BOARD OF COMMISSIONERS
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Return to: Barbara Vasquez
Commissioners office
Document Titles: Franchise Agreement
Reference Number:
Grantor(s):
1. Grant County
2.
3.
4.
5. Additional grantors on page
Grantee(s):
1. City of Moses Lake
2.
3.
4.
S. Additional grantees on page
Legal description (lot, block and plat name or section, township &range):
Starting at Westshore Drive on the north side of Mae Valley Road and ending apr
ox. 2,700 feet
to the west, within S 199 T 19, R 28 EWM.
Assessor's property parcel number:
1.
2.
3. Additional parcel numbers on page
The Auditor's Office will rely on the information provided on this form. The staff will not read
the document to verify the accuracy or completeness of the indexing information provided
hereon.
FRANCHISE AGREEMENT -
After Recording Return To:
City of Moses Lake
321 S Balsam Street
PO ROY 1979
Moses Lake Washington, 98837
Attn: David Bren PE
Municipal Services Director
FRANCHISE COVER SHEET
GRANT COUNTY, WASHINGTON
Applicant/Grantee: City of Moses Lake
Type of Facilities: Water and Sewer Main
This agreement applies to certain County Roads within County of Grant,
Applicant Name City of Moses Lake
Contact Person David Bren PE, Municipal Service Director
Rob Harris, Development Engineering Manager
Notice Address: Mae Valley Road form Westshore Drive Ne approximately 2750
feet west,
Effective Date:
Expiration Date:
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EXHIBIT "A"
GRANT COUNTY
TERMS AND CONDITIONS OF FRANCHISE
INDEX OF TERMS AND CONDITIONS OF FRANCHISE
1. Scope and Duration
2. Definition of Terms
3. Permits, Plans, and Specifications
4. Performance of Work
5. Aesthetic/Scenic Considerations
6. Maintenance of Facilities
7. Hazardous Wastes, Substances
8. Relocation
9. Non-Exclusive/Other Occupants
10. Insurance and Security
11. Hold Harmless and Indemnity
12. Reservation of Police Power
13. Applicable Laws
14. Eminent Domain, Powers of the People
15. Annexation
16. vacation
17. Termination
18. Assignment
19. Effective Date
20. Severability
21. Limitation of Liability
22. Hazardous Conditions
23. Notices
24. Governing Law and Stipulation of venue
1. Scope and Duration
City of Moses Lake, its successors and assigns (hereinafter called "Grantee" are
hereby granted a franchise to set )
erect, install, place, lay, construct, extend, support,
attach, connect, maintain, repair, replace, enlarge, operate and use water distribution
and sewer collection systems, including, but not limited to pipes and fittings and
conduits and vaults, meter -reading devices and communication g
�cat�on systems) (choose type
of installation (in, upon, over, under, along, across and through) the Grant Count
roads and rights of -way falling within the area described on theY
attached Appendix 1
(such roads andrights-of-way being hereafter referred to at times as the "Franchise
Area"), for a period of fifty (50) years, all in accord with the granting this Franchise all
applicable provisions of Grant County Utility Accommodation Policy,Codes and
Ordinances, whether specificall referred to or
Y _ not, and this Exhibit A; provided that,
notwithstanding the County's continued right to enact codes and ordinances in the
event of any conflict or inconsistency of such codes and ordinances with the terms and
conditions chase shall govern and control. this Franchise (including, without limitation, this Exhibit A the terms
and conditions of this Fran )'
.
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2. Definition of Terms
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COUNTY
Grant County.
COUNTY COMMISSIONERS
Grant County Commissioners,
COUNTY ENGINEER
Grant County Engineer
COUNTY ROAD STANDARDS
The policy titled "Grant County
Minimum Road Standards for
Developments" or the policy's
successor.
COUNTY UTILITY POLICY
The policy titled "Accommodation of
Utilities on County Road Right of Way
for Grant County" approved by the
County Commissioners February 9, 1998
or the policy's successor.
FRANCHISE
The terms and conditions of this
franchise agreement, as set forth in this
Exhibit A. In accordance with RCW 36.55
and RCW 80.32.
GRANTEE
City of Moses Lake, its successors and
assigns, and any other person named in
any permit as permittee, and any
successor to any rights or interests of a
permittee under a permit or in property
installed on the right-of-way pursuant to
a permit.
MANUAL ON UNIFORM TRAFFIC
Latest edition of the MUTCD, Manual on
CONTROL DEVICES (MUTCD)
Uniform Traffic Control Devices for
Streets and Highways, U.S. Department
of Transportation, Federal Highway
Administration.
MAP OF DEFINITE LOCATION - for new
Construction plans; plans and
construction not pre-existing
specifications; design standards and
facilities.
specifications,
PERMIT
A document including any License,
permit, or franchise, authorizing
specified use of county rights-of-way
and granted under the provisions of this
franchise and (county code).
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RESTORATION A general term denoting replacing,
repairing, or otherwise restoring the
right-of-way to same or equal condition
as before any change or construction
began thereon.
RIGHT-OF-WAY
All property falling within the area described on the
attached Appendix 1 in which the County has any form of
ownership or title and which is held for public road, right-
of-way or other public purposes, regardless of whether or
not any road or facility exists thereon or whether or not it
is used, improved, or maintained for public travel.
ROADWAY
The portion of the right-of-way, within the outside limits
of the side slopes (shoulder to shoulder) or between curb
lines, used for vehicular travel.
TRAFFIC CONTROL
A general term more specifically defined in the MUTCD.
3. Permits, Plans, and Specifications
A. Prior to commencing any work within the Franchise Area on any county road or
right-of-way, the Grantee shall comply with and obtain all necessary permits to do
such work. Permits required may include, but are not limited to, Work in the Right -
of -Way Permits, Approach Permits, Conditional Use Permits, Haul Road Permits
and/or any other County, State or Federal Permit required. Refer to the Grant
County Utility Accommodation Policy, Comprehensive Plan and other County
Development Regulations for necessary county permitting.
Work in the Right -of -Way permits will require at a minimum, plans and
specifications showing: the position, depth, and location of Facilities to be
constructed within the Franchise Area at that time and their positions in relation to
any involved county road and their locations within the right-of-way. These plans,
all drawn to scale, shall be known as the "map of definite location". Specifications
will include class and type of materials and equipment to be used, manner of
excavation, construction, installation, and backfill; location of temporary and
permanent structures to be erected; description of road facilities which will be
disturbed and plans for their restoration; traffic controls; traffic turnouts and
detours; road obstructions; and such other details as are required by the County
Engineer.
Grantee shall pay all costs and expenses incurred by the County in reviewing plans
and specifications, as and to the extent required by applicable provisions of the
Grant County Utility Accommodation Policy.
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4. Performance of Work
A. No work on any County road or right-of-way shall be commenced until all necessary
permits have been obtained and a set of plans and specifications, reviewed,
approved, and endorsed by the County Engineer, has been returned to the Grantee.
All work shall be performed in accordance with the approved plans and
specifications and shall be subject to inspection and incremental approval by the
County Engineer. Grantee shall pay all reasonable costs and expenses incurred by
the County in inspecting and approving the work, as and to the extent required by
applicable provisions of the County Utility Policy. Grantee shall remain solely
responsible for compliance with all applicable laws, regulations, codes, and
standard plans and specifications in the design and construction of Grantee's
Facilities within the Franchise Area. The Grantee shall notify the County Engineer
at a minimum of 48 hours prior to starting any construction activity.
If and to the extent Grantee reasonably determines that action on Grantee's part is
necessary to respond to an emergency situation involving Grantee's Facilities within
the Franchise Area, and such action would otherwise require the notice specified
above, the County hereby waives the requirement that Grantee give such notice as
a prerequisite to undertaking such activity; provided, however, Grantee shall notify
the County Engineer, verbally or in writing, as soon as practicable and no later than
24 hours following the emergency if the roadway shoulders, embankment or cut
slopes, or drainage facilities are disturbed.
B. Grantee's Facilities within the Franchise Area shall be laid in exact conformance
with the map of definite location except where deviations are allowed in writing by
the County Engineer pursuant to application by Grantee, in which case Grantee
shall file a corrected map of definite location.
C. Any work which disturbs any soil, surface, or structure of any County road or right-
of-way shall be controlled by applicable design standards and specifications of the
County, and applicable provisions of the Grant County Accommodation of Utility
Policy and County Road Standards. Grantee, at its expense, shall restore such
surface or other facility to at least a condition the same as it was in immediately
prior to such disturbance (or make provisions therefor), all to the reasonable
satisfaction of the County Engineer. The County Engineer may cause to be done, at
the expense of the Grantee, all work necessary to render any County road or right-
of-way safe where a condition which is dangerous to life, health, or property is
created by Grantee as a result of work undertaken by Grantee within the Franchise
Area or where Grantee fails to restore any surface or other facility within the
Franchise Area as required in this paragraph, but in each case only if Grantee does
not promptly take corrective action after receiving written notice from the County
Engineer regarding such condition or failure.
D. All work within the Franchise Area shall be done in accordance with the current
County standards in a thorough, professional, and workmanlike manner with
minimum interference in public use of the county road. Where any work includes
opening of trenches and/or ditches and/or tunneling under a county road or right-
of-way, Grantee shall take all reasonable precautions necessary to protect and
guard the public from any condition caused by the work. Grantee shall conform to
the MUTCD, including directing traffic, signs, and barricades. Subject to Section 8,
below, and specifically the rights of Grantee with respect to third parties under
Section 8(C), if any line, pole or other facility of Grantee is located that, in the
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opinion of the County Engineer, any hazard to travel of the public is created,
Grantee shall relocate the line, pole, or other facility at its expense upon request
of the County Engineer. Grantee shall be liable for any damages, including any
costs incurred by the County in remedying any failure to provide adequate traffic
controls and protection to members of the public and their property.
E. Before any work which may affect any existing monuments or markers of any
nature relating to subdivisions, plats, roads, or other surveys is performed by
Grantee within the Franchise Area under this Franchise, Grantee shall reference all
such monuments and markers. Reference points shall be so located that they will
not be disturbed during Grantee's operations under this Franchise. The method of
referencing monuments or other points to be referenced shall be approved by the
County Engineer. The replacement of all such monuments or markers disturbed
during construction shall be made as expeditiously as conditions permit and as
directed by the County Engineer. The cost of monuments or markers lost,
destroyed, or disturbed, and the expense of replacement of approved monuments
shall be borne by the Grantee. A complete set of reference notes for monument
and other ties shall be filed with the County.
G. All work undertaken by Grantee within the Franchise Area shall be performed by
the Grantee in compliance with all applicable Federal, State, and County laws,
regulations, and policies (including, without limitation, applicable environmental
and land use laws and regulations); provided that, notwithstanding the County's
continued right to enact codes and ordinances under the Grant County Utility
Accommodation Policy, in the event of any conflict or inconsistency of such codes
and ordinances with the terms and conditions of this Franchise (including, without
limitation, this Exhibit A), the terms and conditions of this Franchise shall govern
and control.
5. Aesthetic/Scenic Considerations
A. If Grantee intends to use pesticides within the Franchise Area to control or kill
weeds and brush in scenic areas, prior approval must be granted by the County at
least annually (which approval shall not be unreasonably withheld or delayed). The
County may limit or restrict the types, amounts, and timing of applications if a
significant negative impact on the aesthetics of the area is anticipated, provided
such limitations or restrictions are not in conflict with State law governing utility
right-of-way maintenance.
B. Refuse and debris resulting from the installation or maintenance of the Facilities by
Grantee shall be promptly removed once the work is completed.
6. Maintenance of Facilities
The County will not assume responsibility for damage to the Grantee's property and
various objects that are placed in county roads and rights-of-way. The Grantee will
maintain its above -ground Facilities within the Franchise Area so as not to unreasonably
interfere with county maintenance or free and safe passage of traffic if so allowed by
Grant County.
7. Hazardous Wastes, Substances
Grantee agrees that it will not negligently or intentionally cause the release of any
hazardous substance, waste, or pollutant or contaminant (as defined by applicable law)
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into or upon any County road or right-of-way in violation of any state or federal law
with respect thereto. Grantee shall notify the County and the State Department of
Ecology in writing of any such illegal release. Grantee shall be completely liable for any
and all consequences of such illegal release, including liability under any federal or
state statute or at common law. Grantee shall indemnify and hold the county harmless,
as provided in paragraph 10, from any and all liability resulting from such an illegal
release and shall have full responsibility for completely cleaning up, as required by any
government agency, any and all contamination from such release. The County shall be
entitled to full contribution for all costs incurred by it as the result of any release of
such materials by Grantee in violation of any state or federal law. Upon any such illegal
release of a hazardous substance by Grantee, the County may give immediate notice of
termination of this Franchise or enter the Franchise Area and take whatever steps it
deems appropriate to cure the consequences of any such release, all at the expense of
the Grantee, but only if Grantee does not promptly take corrective action after
receiving written notice from the County Engineer.
�. Relocation
A. Utility Installations shall be located to minimize need for later adjustment to
accommodate future roadway improvement and to permit access to servicing such
installations with minimum interference to roadway traffic. If the County causes
any County road or right-of-way to be constructed, improved, relocated, realigned,
or otherwise changed within the Franchise Area; including traffic controls,
drainage, and illumination; or if any part of such road or right-of-way becomes a
state highway and relocation or readjustment is directed by the State Director of
Transportation so as to reasonably necessitate relocation of any Facility of the
Grantee on such road or right-of-way within the Franchise Area (in any case for
purposes other than those described in Section 8(C), below), the County will:
(a) provide Grantee, within a reasonable time prior to the commencement
of the road or right-of-way project, written notice requesting the
relocation; and
(b) provide Grantee with reasonable plans, timetables and specifications
for such road or right-of-way project.
After receipt of such notice and such plans, timetables and specifications, Grantee
shall relocate such Facilities within the Franchise Area at no cost to the County.
B. The County Engineer shall have the final approval of the relocation schedule.
Grantee shall be responsible for timely compliance with Facility relocation and
coordinate with the County or the County's contractor.
The construction, operations, maintenance, and repair of Grantee's Facilities
authorized by this Franchise shall not preclude Grant County, its agents, or its
contractors from blasting, grading, excavating, or doing necessary road work
contiguous to the said Facilities of the Grantee, provided that the Grantee shall be
given forty-eight (48) hours notice of said blasting or other work, and provided
further that the foregoing shall be subject to all other provisions of this Franchise
and shall not substantially or unreasonably impair the rights granted to Grantee
under this Franchise.
C. Whenever (a) any public or private development within the Franchise Area, other
than a public right of way improvement of the type described in Section 8(A),
above, requires the relocation of Grantee's Facilities within the Franchise Area to
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accommodate such development; or (b) the County requires the relocation of
Grantee's Facilities within the Franchise Area for the benefit of any person or
entity other than the County, then in such event, Grantee shall have the right as a
condition of such relocation, to require such developer, person or entity to make
payment to Grantee, at a time and upon terms acceptable to Grantee, for any and
all costs and expenses incurred by Grantee in the relocation of Grantee's Facilities.
D. Any condition or requirement imposed by the County upon any person or entity,
other than Grantee, that requires the relocation of Grantee's Facilities shall be a
required relocation for purposes of Section 8(C), above (including, without
limitation, any condition or requirement imposed pursuant to any contract or in
conjunction with approvals or permits for zoning, land use, construction or
development).
E. Nothing in this Section 8 shall require Grantee to bear any cost or expense in
connection with the location or relocation of any Facilities then existing pursuant
to easement or such other rights not derived from this Franchise.
9. Non-Exclusive/other occupants
A. This Franchise is not exclusive. It shall not prohibit the County from granting other
franchises or permits for use of any County roads or rights -of -ways or parts thereof.
Subject to this Franchise, Grantee shall not prevent or prohibit the County from
constructing, altering, maintaining, or using any of said roads or rights-of-way, or
affect its jurisdiction over them or any part of them, the County having full power
to make all necessary changes, relocations, repairs, maintenance, etc., of the
same as the County may deem fit.
B. All installation, operation, maintenance, and repair by the Grantee of its Facilities
on any county road or right-of-way within the Franchise Area shall be done so as
not to unreasonably interfere with installation, construction, operation,
maintenance, or repair of other utilities, drains, ditches, structures, or other
improvements permitted upon such road or right-of-way, subject to the preference
and priority rules set forth below. Owners, public or private, of any such facilities
installed prior to construction and/or installation of the Facilities of Grantee, shall
have preference as to positioning and location of such facilities. Likewise,
Grantee's Facilities shall have preference as to positioning and location over any
such other facilities that are installed after the construction and/or installation of
the Facilities of Grantee. Such preference shall continue if relocation is required
as a result of any construction relocation, realignment, and/or change of grade by
the County.
10. Insurance and Security
A. For the period after the assignment of this Franchise to the Utility Assignee under
Section 18, below, the following insurance provisions shall apply:
Prior to the effective date of this franchise and during its life, the franchisee shall obtain and
maintain continuously liability insurance necessary to comply with the hold harmless
agreement herein with limits of liability not less than:
$2,000,000.00 per occurrence
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The County Engineer may further determine that Business Auto Liability Insurance
may also be required. Such insurance shall include Grant County, its officers,
elected officials, agents, and employees as an additional insured and shall not be
reduced or cancelled without thirty days written prior notice to the County. Such
insurance, in its provision for additional insured, shall include a "Cross Liability
Endorsement", "Severability of Interests", or "Separation of Insureds" provision
indicating:
"The inclusion of more than one insured under this policy shall not affect the
rights of any insured as respects any claim, suit, or judgment made or brought
by or for any other insured or by or for any employee of any other insured. The
policy shall protect each insured in the same manner as though a separate
policy had been issued to each except that nothing herein shall operate to
increase the company's liability beyond the amount or amounts for which the
insurer would have been liable had only one insured been named."
All insurance policies will be issued on an occurrence basis. Claims made policies
are unacceptable. Grantee shall maintain coverage for the duration of this
Franchise. Grantee shall provide the County annually a signed certificate of
insurance naming Grant County as an additional insured. Proof of all insurance shall
be in a form acceptable to the County, and all conditions and requirements of
insurance stated in this clause 10.A shall be satisfied prior to commencement of
construction. All insurance documentation shall be submitted and reviewed by the
Grant County Risk Manager prior to commencement of construction.
The County may require additional bond, deposit or security as provided in the
Grant County Accommodation of Utility Policy. Acceptance by the County of any
work performed by the Grantee at the time of completion shall not be a ground for
avoidance of this covenant.
In lieu of the insurance requirements set forth in this Section 10, Grantee may self -
insure against such risks in such amounts as are consistent with good utility
practice and the per occurrence minimum of $2,000,000.00. Grantee shall provide
the County with a self-insurance letter as evidence that Grantee maintains a self-
insurance program.
11. Hold Harmless and I ndem nits
A. The Grantee shall defend, indemnify and hold harmless the County, its appointed
and elected officials, agents, and employees, against all third party claims, losses,
suits, actions, costs, counsel fees, litigation costs, expenses, damages, judgments,
or decrees on account of any injury or damage to the person or property of
another, to the extent such injury or damage is caused by the negligence, willful
misconduct, or from any breach of any common law, statutory or other delegated
duty pursuant to this Franchise of Grantee, Grantee's employees, agents, or
subcontractors, in exercising the rights granted to Grantee in this Franchise.
B. For the avoidance of doubt, for those provisions of this Franchise which a court of
competent jurisdiction determines are subject to RCW 4.24.115, then, in the event
of damages arising out of bodily injury to persons or damage to property caused by
or resulting from the concurrent negligence of the County, its appointed and
elected officials, agents or employees, and the Grantee or the Grantee's agents or
employees, the Grantee's liability to hold harmless and indemnify the County is
enforceable only to the extent of the Grantee's negligence.
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C. The Grantee's obligation shall include, but not be limited to, investigating,
adjusting, and defending all claims alleging loss from any negligent act, error, or
omission or from any breach of any common law, statutory or other delegated duty
pursuant to this Franchise of the Grantee or its employees, agents, or
subcontractors.
D. In the event any claim or demand be presented to or filed with the County by
reason of the above-mentioned causes, the County shall promptly notify Grantee
thereof, and Grantee shall have the right, at its election and at its sole cost and
expense, to settle and compromise such claim or demand. In case suit or action is
brought against Grant County for damages arising out of or by reason of the above-
mentioned causes, the County shall promptly notify Grantee thereof and the
Grantee will, upon notice to it of the commencement of said action, settle,
compromise or defend the same at its sole cost and expense, and in case judgment
shall be rendered against the County in suit or action, the Grantee will fully satisfy
said judgment within ninety (90) days after suit or action shall have finally been
determined, if determined adversely to Grant County. In the event Grantee
refuses a tendered defense by the County pursuant to section 11 of this Franchise
and if Grantee's refusal is subsequently determined by a Court having jurisdiction
(or such other tribunal that the parties shall agree to decide the matter) to have
been a wrongful refusal, then Grantee shall pay all of the County's reasonable
costs for defense of the action including all legal costs, witness fees and attorney
fees and indemnify the County for any settlement made by the County of the
wrongfully refused claim or demand.
E. Solely to the extent required for the County to enforce Grantee's indemnification
obligations under this Section 11, Grantee waives its immunity under RCW Title 51;
provided that the foregoing waiver shall not in any way preclude Grantee from
raising such immunity as a defense against any claim brought against Grantee by
any of its employees. This waiver has been mutually negotiated by the parties.
F. The provisions of this Section 11 shall survive the expiration or termination of this
agreement.
12. Reservation of Police Power
In granting this Franchise, the County does not waive any of its police powers to
regulate the use of County roads or rights-of-way in the interest of public health,
safety, and general welfare; provided, however, that the County shall adopt ordinances
and regulations in a manner consistent with the terms of this Franchise.
13. Applicable Laws
Grantee shall comply with all federal, state, and local laws, rules, and regulations
applicable to any work, facility, or operation of Grantee upon County roads or rights-
of-way during the life of this Franchise.
14. Eminent Domain, Powers of the People
This Franchise is subject to the power of eminent domain and its existence shall not
preclude the County from acquiring by condemnation, in accordance with applicable
law, all or a portion of Grantee's Facilities within the Franchise Area for the fair market
value thereof. In determining the value of such Facilities, no value shall be attributed
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to the right to occupy the Franchise Area conferred by this Franchise. Nothing herein,
however, is intended to or will limit any severance damages arising out of any impact
of any such condemnation on the Name of Project or related Facilities.
15. Annexation
If any road or right-of-way covered by this Franchise is incorporated into the limits of
any city or town, this Franchise shall terminate as to any road or right-of-way within
the corporate limits of such city or town (except as otherwise provided by applicable
law); but this Franchise shall continue as to county roads and rights -of -ways not
incorporated into a city or town.
16. Vacation
If the County vacates all or a portion of any county road or right-of-way which is
subject to this Franchise, and said vacation is for the purpose of acquiring the fee or
other property interest in said road or right-of-way for the use of the County in either
its proprietary or governmental capacity, the County Commission may, at its option and
by giving thirty (30) days written notice to the Grantee, terminate this Franchise with
reference to any county road or right-of-way so vacated and, in its vacation procedure,
reserve and grant an easement to Grantee for Grantee's Facilities, and the County shall
not be liable for any damages or loss to the Grantee by reason of such termination.
Whenever a county road or right-of-way or any portion thereof is vacated upon a
finding that it is not useful and the public will be benefited by the vacation, the County
may retain an easement in respect to the vacated land for the construction, repair,
and maintenance of public utilities and services which at the time of the vacation are
specifically authorized under paragraph 3 or physically located on a portion of the land
being vacated, but only in accordance with the provisions of RCW 36.87.140. In such
event, the County shall also, in its vacation procedure, reserve and grant an easement
to Grantee for Grantee's Facilities. The County shall not otherwise be liable for any
damages or loss to the Grantee by reason of any such vacation.
17. Termination
A. If Grantee defaults on any term or condition of this Franchise, the County may
serve upon Grantee a written order to so comply within sixty (60) days from the
date such order is received by Grantee. If Grantee is not in compliance with this
Franchise after expiration of said sixty (60) day period, the County may, by
ordinance, declare an immediate forfeiture of this Franchise; provided, however, if
any failure to comply with this Franchise by Grantee cannot be corrected with due
diligence within said sixty (60) day period (Grantee's obligation to comply and to
proceed with due diligence being subject to unavoidable delays and events beyond
its control), then the time within which Grantee may so comply shall be extended
for such time as may be reasonably necessary and so long as Grantee commences
promptly and diligently to effect such compliance. Upon such termination, all
rights of the Grantee hereunder shall cease. Should any action or proceeding be
commenced to enforce any of the provisions of this Franchise, the prevailing party
in such action shall be awarded, in addition to any other relief it may obtain, its
reasonable costs and expenses, not limited to taxable costs, and reasonable
attorney's fees.
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B. The County, at its option, may terminate this Franchise by ordinance, as to those
roads and rights-of-way upon which Grantee has not constructed or placed any
Facilities within five (5) years of the effective date of this Franchise.
C. In the event that the use of all or any part of Grantee's Facilities is permanently
discontinued for any reason, including, but not limited to, discontinuance,
obsolescence, or abandonment of the Facilities, or the abandonment, termination,
or expiration of this Franchise, the Grantee is solely responsible for the removal
and proper disposal of the abandoned/surplus Facilities within the Franchise Area.
The Grantee is not entitled to abandon any Facilities in place without the County's
prior express agreement and written consent. The Grantee shall restore the county
roads and rights-of-way from which such facilities have been removed to the same
or equal conditions as before.
D. Upon the expiration of this Franchise for any reason other than a default by
Grantee or abandonment of the Facilities, the Grantee shall have the first and
preferential right to take and receive such authority upon similar terms and
conditions.
18. Assignment
All the provisions, conditions, regulations, and requirements herein
contained shall be binding upon the successors and assigns of the
Franchisee, and all privileges, as well as all obligations and liability of
the Franchisee, shall ensure to its successors and assigns equally as if
they were specifically mentioned wherever the Franchisee is mentioned.
Any reference in this franchise to a specifically named party shall be
deemed to apply to any successor, heir, administrator, executor or
assign of such party (hereinafter collectively referred to as successor)
who has acquired its interest in compliance with the terms of this
franchise, or under law.
Any successor will notify Grant County of the change within 30 days of
the transfer if the County is not notified prior to said transfer. The
County, at its discretion, may require the successor to complete a new
franchise. Should the County not be notified within the allotted time the
County may withdraw the franchise at its discretion. ALL work within
any County right-of-way requires a work in right-of-way permit
The successor will be held liable to the extent of the law for any
damages caused by not following through with notifying Grant County.
Should any court find the successor not liable, the original holder of this
franchise shall assume full liability as if the succession never occurred.
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19. Effective Date
This Franchise shall be effective thirty (30) days after approval by the County
Commission; PROVIDED that Grantee within such time, has signed a copy thereof and
returned it to the County Commission.
20. Severability
If any provision of this Franchise or its application to any person or circumstance is held
to be invalid, such decision shall not affect the validity of the remaining portions of
this Franchise or its application to other persons or circumstances.
21. Limitation of Liability
Administration of this Franchise shall not be construed to create the basis for any
liability on the part of the County, its appointed and elected officials, and employees
for any injury or damage from the failure of the Grantee to comply with the provisions
of this Franchise; by reason of any plan, schedule, or specification review, inspection,
notice and order, permission, or other approval or consent by the County; for any
action or inaction thereof authorized or done in connection with the implementation or
enforcement of this Franchise by the County, or for the accuracy of plans submitted to
the County.
22. Hazardous Conditions
Whenever any conditions or operations caused by any activity undertaken by Grantee
pursuant to this Franchise have become a hazard to life and limb, endanger property or
public resources, or adversely affect the safety, use, or stability of a public way or
drainage channel, the County Engineer shall notify the Grantee in writing of the
property upon which the condition or operation is located, or other person or agent in
control of said property, and direct them to repair or eliminate such condition or
operation within the period specified therein so as to eliminate the hazard and be in
conformance with the requirements of this Franchise.
Should the County Engineer have reasonable cause to believe that the situation is so
adverse as to preclude written notice, he/she may take the measures necessary to
eliminate the hazardous situation, provided that he/she shall first make a reasonable
effort to notify the Grantee before acting. In such instance, the Grantee (responsible
for the creation of the hazardous situation) shall be responsible for the payment of any
reasonable costs incurred. If costs are incurred and the hazardous situation has been
created in conjunction with or as a result of an operation for which a bond has been
posted pursuant to this title or any other County authority, the County Engineer shall
have the authority to forfeit the bond or other security to recover the costs incurred.
23. Miscellaneous
This Franchise may be amended only by written instrument, signed by both parties,
which specifically states that it is an amendment to this Franchise and is approved and
executed in accordance with the laws of the State of Washington.
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This Franchise is subject to the provisions of any applicable tariff on file with the
Washington Utilities and Transportation Commission or its successor. In the event of
any conflict or inconsistency between the provisions of this Franchise and such tariff,
the provisions of such tariff shall control.
24. Notices
Notices provided for in this Franchise shall be sent to the following addresses:
1) Grant County Public Works Department
124 Enterprise St SE
Ephrata, WA 98823
2) Grantee:
If to Company Name:
with a •. to:
If to the Utility Assignee:
Attn:
25. Governing Law and Stipulation of Venue
The Grantee shall promptly notify the County of any change in notice address. The
Grantee hereby agrees to be bound by the laws of the State of Washington and
subjected to the jurisdiction of the State of Washington. The parties hereby stipulate
that this Franchise shall be governed by the laws of the State of Washington and that
any lawsuit regarding this contract must be brought in Grant County, Washington, or in
the case of a federal action, in the United States District Court for the Eastern District
of Washington at Spokane, Washington.
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Pag IS of 22 R 224.50 Grant Co, WA
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14
APPENDIX 1
Franchise Area Boundaries
Name of County Roads and Section, township and range of the franchise areas.
See attached map.
Overview to be attached prior to execution?
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Pag 16 of 22 R 224.50 Gran! Co, WA
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15
APPENDIX 2
Construction Work Technical Standards
Grantee shall submit drawings for the construction work, if required by the County Engineer.
Drawings shall be to a working scale, showing position and location of work. Names or number
and width of roads, streets, etc., showing their location in plats, or subdivisions of sections,
township and range, showing the relative position of such work to existing utilities,
constructed, laid installed or erected upon such roads, streets or public places.
Grantee shall specify the type of construction by submitting plans showing the class of material
and the manner in which the work is to be accomplished. All such materials and equipment
shall be of the highest quality and the manner of excavation, fills, construction, installation,
erection of temporary structures, traffic turnouts, road obstruction, barricades, etc., shall
meet with provisions of the County Utility Accommodation Policy (WAC136-40), and shall
require approval of the County Engineer. Signing, barricades, and traffic control in the vicinity
of the work shall strictly conform to provisions of "the Manual on Uniform Traffic Control
Devices for Street and Highways." Grantee shall pay to the County all applicable fees and
charges prescribed by the policy for "Accommodation of Utilities on County Road Right of Way
for Grant County."
The location, type of work, materials, and equipment used, manner of erection or
construction, safeguarding of public traffic during work or after doing same, mode of operation
and manner of maintenance of project petitioned for, shall be approved by the County
Engineer prior to start of work and shall be subject to inspection of the County Engineer so as
to assure proper compliance with the terms of this Franchise.
Grantee shall leave all roads, streets, alleys, public places, and structures after installation
and operation or removal of utility, in a good and safe condition in all respects as same were in
before commencement of work by Grantee.
In case of any damage to any roads, streets, public places, structures or public property of any
kind on account of said work by Grantee, Grantee will repair said damage at its own sole cost
and expense.
The County Engineer, his agents or representative may do, order, or have done any and all
work considered necessary to restore to a safe condition any street, alley, public place or
structure which is in a condition dangerous to a life, or property resulting from Grantee's
Facilities within the Franchise Area or its installation as permitted herein, and upon demand
Grantee shall pay to the County all costs of such work and material.
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Pag 17 of 22 R 224.50 Grant Co, WA
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16
AM
Allarl - I
The undersigned grantee hereby accepts all the terms and conditions of
this franchise as set forth in Exhibit A for himself and for his heirs, executors,
administrators, successors and assigns, being at:
(Location) PCl'j'4)/u this Di -day of
1 _1)zC2"
Notary Public
State of Washington
Tracy A Vorwerk
Commission No, 20579
Commission Expires 10-15-2023
146e 484ef 2 021/05/R 224.50 2022 11:37 GQan! CoFRANC
WRDA OF coMMISSIONERS
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17
DATED this day o021.
RnARn (1F ('(ITTNTV
COMMISSIONERS
Yea Nay Abstain TCO TY WASHINGTON
/ 1 ❑
Approved as to Form:
Prosecuting Attorney
of Grant County, Washington
■l
Cindy Carter, Member
Danny E Stone, BOCC Chair
El
Rob Jones, Vice -Chair
1464414 01/05/2022 11:37 AM FRANC
Dage 19 of 22 R 224.50 Grant Co, WR
BO RD OF COMMISSIONERS
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Insurance Authority P.O, Bax 88030
Tukwila., WA 98138
Phone: 206-575-6046
Fax: 206-575-7426
10/28/2021 Ref#: 13558 www.weial)oul.or,
Grant County Public Works
Attn: Dave C Derting
124 Enterprise St. SE
Ephrata, WA 98823
Re: City of Moses Lake
Franchise Application
Evidence of Coverage
The City of Moses Lake is a member of the Washington Cities Insurance Authority (WCIA),
which is a self-insured pool of over 160 public entities in the State of Washington.
WCIA has at least $4 million per occurrence limit of liability coverage in its self-insured layer that
may be applicable in the event an incident occurs that is deemed to be attributed to the
negligence of the member. Liability coverage includes general liability, automobile liability, stop-
gap coverage, errors or omissions liability, employee benefits liability and employment practices
liability coverage.
WCIA provides contractual liability coverage to the City of Moses Lake. The contractual liability
coverage provides that WCIA shall pay on behalf of the City of Moses Lake all sums which the
member shall be obligated to pay by reason of liability assumed under contract by the member.
WCIA was created by an interlocal agreement among public entities and liability is self-funded
by the membership. As there is no insurance policy involved and WCIA is not an insurance
company, your organization cannot be named as an additional insured.
Sincerely,
Rob Roscoe
Deputy Director
cc: Allison Williams
1464414 01/05/2022 11:37 AM FRANC
Pag 20 of 22 R 229.50 Grant Co, WA
BO NRO OF COMI1ISSIONERS
IIIIIIII IIVIII II II IVIII I II I III II II VIII VIIII VIII VIII VIII I III
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1464414 01/05/2022 11:37 AM FRANC
Rae 21 of 22 R 224.50 Grant Co, WA
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1464414 01/05/2022 11:37 RM FRANC
Me22 of 22 R 224.50 Grant Co, Wq
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This map should not be construed as legal advice or legal opiniot
any specific facts or circumstances. The contents are intended fc
general information purposes only, and you are urged to consult
own lawyer concerning your own situation and any specific quesl
you may have.
Infrastructure records, drawings, and other documents have beer
gathered over many decades, using differing standards for qualit3
control, documentation and verification. All of the data provide,
represents current information in a readily available format WlV
the data is generally believed to be accurate, occasionally it prove
be incorrect; thus its accuracy is not warranted. Prior to making
property purchases or investments based in full or in part upon t
material nrrvided. it is snecific..:Av nrivised that vett in&oendenff