2017/03/29 Council Agenda Packet

3 10. ADDITIONAL FACILITIES 10.1. Grantee to Provide Additional Facilities • The Grantee shall construct and install additional ducts, conduits, and related structures necessary to access the conduit when and where requested by the City in accordance with this Section•10. The City shall only be charged for or responsible for the Incremental Costs, except as provided for in Section 10.4. 10.2. Notice of Incremental and Fully Allocated Costs • At least one hundred twenty(120) days prior to any construction,relocation, or placement of ducts, conduits or related structures in public Rights-of-Way, Grantee shall notify the City of the Incremental and Fully Allocated Costs of the Grantee of providing the City with additional duct, conduit and related structures necessary to access the conduit and of the date such construction, relocation or placement will begin; provided, however, that Grantee need not notify the City of Incremental or Fully Allocated Costs related to Facilities for which the City granted permits for construction prior to the effective date of this Franchise. At its sole option,the City may examine, inspect or audit Grantee's books and records to confirm Grantee's calculation of Incremental or Fully Allocated Costs. If Grantee and the City disagree regarding the appropriateness of Grantee's proposed Incremental or Fully Allocated Costs,the parties agree to negotiate. If the parties do not agree,the City may order Grantee to proceed with the work, and the Superior Court of Snohomish County,Washington shall determine the actual amount of Incremental or Fully Allocated Costs. 10.3. Grantee to Furnish Additional Facilities At the City's sole option,the City may require Grantee to furnish such additional duct or conduit and related structures necessary to access the conduit or duct for the Incremental Cost by so notifying Grantee no later than thirty days prior to the date such construction,relocation or placement begins. 10.4. Contract and Compliance with RCW Chap. 80.36 If the City requires Grantee to furnish additional duct, conduit or related structures pursuant to this section, the City and Grantee shall construct the facilities to the same standards as Grantee's own facilities, and shall turn such additional duct, conduit or related structures over to the City upon completion of same and satisfactory inspection thereof by the City. Grantee shall be responsible for regi ired filings, if any, with state agencies or commissions, including, but not limited to, the Washington Utilities and Transportation Commission pursuant to RCW Chap. 80.36. 10.5. Subsequent Responsibility for Fully All,•cated Costs If the City makes the additional duct or conduit and related access structures available to any entity other than Grantee for the purposes of providing telecommunications or cable television service for hire, sale, or resale to the general public, the City shall pay Grantee the difference between the Incremental Costs and the Fully Allocated Costs. 24of31 61