HomeMy WebLinkAboutCAG2002-0501 - Original - AT&T Corporation - Telecommunications System Extension - 08/16/2002 ecords MIg. eme
KENT Document
WASH INGTQN
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact Mary Simmons, City
Clerks Office.
Vendor Name: 19
Contract Number:
This is assigned by Mary Simmons
Vendor Number:
r
Project Name:
Contract Effective Date: LD 1ao0a----.
Contract Termination Date: I l__P ®
Contract Renewal Notice (Days): C J om��
Number of days required notice for termination or re a al or amendment
Contract Manager: ���
Department:
Abstract:
ADCL7832 07/02
LIMITED STREET LICENSE BETWEEN
THE CITY OF KENT AND
AT&T CORPORATION
THIS LIMITED STREET LICENSE ("License") is entered into between the CITY OF
KENT, a Washington Municipal Corporation("City"), and AT&T CORPORATION,a New York
corporation("Licensee").
RECITALS
WHEREAS,Licensee seeks to extend a telecommunications system in the City of Kent; and
WHEREAS, Licensee has requested that the City grant a permit to use City right-of-way to
extend its telecommunications system within the City; and
WHEREAS, the City has agreed to issue this license, which constitutes a use permit under
Chapter 35.99 Revised Code of Washington, for a telecommunications system; and
WHEREAS, the City is willing to enter into this License under the terms and conditions set
forth in this License so that Licensee can commence construction of its planned telecommunications
system;
NOW, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS:
LICENSE
1. License Granted. The City grants Licensee this Limited Street License for a
period of five(5)years from the effective date of this License to install, construct, operate, maintain,
remove, repair, reconstruct, replace, use and inspect a telecommunications system and all related
equipment ("Telecommunications System") across, along, in, upon, and under the City's right-of-
ways described in Exhibit A, which is attached and incorporated by this reference. A general
description of the plans and specifications for this Telecommunications System is attached as
Exhibit B. This License is subject to all the terms and conditions established below.
2. Consideration. In consideration of the City's issuance of this License, Licensee
shall, at the time of execution of this License,pay to the City a one-time amount in the sum of TWO
THOUSAND AND NO/100 DOLLARS ($2,000.00)prior to the commencement of this License.
3. Revocation and Termination. The intent of this License is to authorize
Licensee to operate its Telecommunications System on the designated City right-of-ways, which
right-of-ways constitute a valuable property interest owned by the City. This License does not grant
LICENSE--Page 1 of 7 July 18,2002
(between City and AT&T Corporation)
an estate in the land described in Exhibit A; it is not an easement; it is not a franchise; it is not
exclusive; and, it does not exclude the City from full possession of the property described in Exhibit
A. As a license upon real property, it is revocable at the will of the City. However, prior to
termination or revocation by the City,the City shall provide Licensee with at least sixty(60)calendar
days written notice of that termination or revocation. Upon the effective date of the City's
termination or revocation,the City may require Licensee to remove the Telecommunications System
within thirty(30) calendar days; if Licensee fails to remove the Telecommunications System within
the allotted time, the City may remove all or part of the Telecommunications System and Licensee
waives any right it may have to any claim for damages of any kind incurred as a result of the City's
removal of all or part of the Telecommunications System.
4. Permits Required. The City's grant of this License does not release Licensee from
any of its obligations to obtain applicable local, state, and federal permits necessary to install,
construct, operate, maintain, remove, repair, reconstruct, replace, use and inspect the
Telecommunications System. Licensee's failure to comply with this Section 4 shall constitute
grounds for immediate revocation by the City. The consideration in Section 2 is in addition to any
fees required for applicable local, state, and federal permits.
5. Relocation. The term"relocate" shall refer to protecting, supporting, temporarily
disconnecting, moving to a new location, removing, or converting from aerial facilities to
underground facilities. Licensee shall, at its sole cost and expense, relocate all or a part of its
Telecommunications System when required by the City for reasons of traffic conditions or public
safety,widening or improvement of existing right-of-ways,change or establishment of street grade,
or the construction of any public improvement or structure by any governmental agency acting in a
governmental capacity, provided that Licensee shall, upon receiving approval and obtaining the
necessary permits from the City,have the right to bypass in the authorized portion of the same right-
of-way, any section of cable required to be temporarily disconnected or removed.
5.1. For the purposes of this Section 5, any condition or requirement imposed by
the City upon itself or any person or entity acting on the City's behalf, (including without
limitation, any condition or requirement imposed pursuant to any contract or in conjunction
with approvals for permits for zoning, land use, construction, or development) that
reasonably necessitates the relocation of Licensee's facilities within the right-of-ways
described in Exhibit A shall be a required relocation for purposes of this section.
5.2. If the City,under its authority, causes a required relocation of all or part of the
Telecommunications System, the City, at least sixty (60) calendar days prior to the
commencement of the project requiring relocation, shall provide written notice to Licensee
of the required relocation and shall provide Licensee with copies of pertinent portions of the
plans and specifications for the project. After receipt of the City's notice, Licensee must
complete the required relocation of its affected facilities at least ten(10) calendar days prior
to the commencement of the project requiring relocation. Licensee will complete this
required relocation at no charge or expense to the City. Further,Licensee's relocation shall
LICENSE--Page 2 of 7 July 18,2002
(between City and AT&T Corporation)
be accomplished in a manner that accommodates and does not interfere with the project
requiring relocation. When other utilities are present and involved in relocation,the City will
attempt to coordinate the relocation of the utilities.
5.3. Licensee may, after receipt of the City's written notice requesting relocation,
submit written alternatives to the City. The City will evaluate those alternatives to determine
if any of the alternatives can accommodate the work that would otherwise necessitate the
relocation of the Telecommunications System. If requested by the City, Licensee will submit
additional information to assist the City in making its determination. The City will give each
alternative proposed by Licensee full and fair consideration. In the event the City ultimately
determines that no reasonable or feasible alternative exists, Licensee shall relocate its
facilities as otherwise provided in this Section 5.
5.4. Notwithstanding the above provisions in this Section 5, the Licensee may
seek reimbursement from the City for its actual relocation expenses under any one of the
following conditions:
5.4.1. If the City has required the Licensee to relocate these facilities at
Licensee's cost within five (5) years of the date of a request for relocation;
5.4.2. If the Licensee holds an ownership interest of the aerial supporting
structures for its facilities, and if the City requires an aerial to underground relocation
to Licensee's facilities, the City will pay the additional incremental costs of
undergrounding these facilities compared to an aerial relocation of the facilities, or
will pay those costs required in any approved tariff, if less than the additional
incremental costs; or
5.4.3. If the City requests relocation solely for aesthetic purposes.
5.5. In the event that a relocation of any of the Telecommunications System is
required by any person or entity other than the City, so long as that person or entity is not
acting on the City's behalf in conducting any of the activities described in this Section 5,
Licensee shall make those arrangements, including compensation for Licensee's relocation
cost, that it deems appropriate with that person or entity.
5.6. Notwithstanding all of the above, the City may require the relocation of the
telecommunications system at Licensee's expense in the event of an unforeseen emergency
that creates an immediate threat to the public safety, health or welfare, but still subject to
reimbursement under 5.4.
5.7. The provisions of this Section 5 shall survive the expiration or termination
of this License.
LICENSE--Page 3 of 7 July 18, 2002
(between Cary and AT&T Corporation)
5.8. Licensee shall not erect poles,run or suspend wires,cables, or other facilities,
in any area without prior written approval from the City.
6. Emergency. In the event of any emergency in which any portion of the
Telecommunications System breaks,becomes damaged,or in any other way becomes an immediate
danger to the property, life, health, or safety of any individual, Licensee shall immediately take the
proper emergency measures to remedy the dangerous condition without first applying for and
obtaining a permit as required by this License. However, this emergency work shall not relieve
Licensee from its obligation to obtain all permits necessary for this purpose, and Licensee shall apply
for those permits within the next two succeeding business days.
7. Indemnification. Licensee shall comply with the following indemnification
requirements:
7.1. Licensee shall defend, indemnify and hold the City, its officers, officials,
employees, agents, assigns and volunteers harmless from any and all claims, actions,injuries,
damages, losses or suits, including all legal costs,witness fees and attorney fees, arising out
of or in connection with the performance of any of Licensee's rights or obligations granted
by this License,but only to the extent of the negligence or comparative fault of Licensee, its
employees, agents, contractors, subcontractors, consultants, subconsultants or assigns.
7.2. The City's inspection or acceptance of any of Licensee's work when
completed shall not be grounds to avoid any of these covenants of indemnification.
7.3. These indemnification obligations shall extend to any claim, action or suit
that may be settled by compromise,provided that Licensee shall not be liable to indemnify
the City for any settlement agreed upon without the consent of Licensee; however, if
Licensee consents to the agreed upon settlement,then Licensee shall indemnify and hold the
City harmless as provided for in this Section 7 by reason of that settlement. Moreover, if
Licensee refuses to defend the City against claims by third parties, Licensee shall indemnify
the City regardless of whether the settlement was made with or without Licensee's consent.
7.4. In the event that Licensee refuses to tender defense in any claim, action or suit
by a third party pursuant to this Section 7 and if Licensee'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 Licensee shall pay all the City's
costs for defense of the action, including all legal costs, witness fees and attorneys' fees and
also including the City's costs, including all legal costs, witness fees and attorneys'fees, for
recovery under this indemnification clause (Section 7).
7.5. The provisions of this Section 7 shall survive the expiration or termination
of this Agreement.
LICENSE--Page 4 of 7 July 18,2002
(between City and AT&T Corporation)
8. Insurance. Licensee shall procure and maintain for the duration of this License,
insurance of the types and in the amounts described below against claims for injuries to persons or
damage to property which may arise from or in connection with the performance of the work by
Licensee, its agents, representatives, employees, contractors, subcontractors, consultants,
subconsultants or assigns.
8.1. Before beginning work on the project described in this License,Licensee shall
provide a Certificate of Insurance evidencing:
8.1.1. Automobile Liability insurance with limits no less than $1,000,000
combined single limit per accident for bodily injury and property damage; and
8.1.2. Commercial General Liability insurance written on an occurrence
basis with limits no less than$2,000,000 combined single limit per occurrence and
general aggregate for personal injury,bodily injury and property damage. Coverage
shall include but not be limited to: blanket contractual; products/completed
operationsibroad form property damage; explosion, collapse and underground
(XCU); and employer's liability.
8.1.3. Excess Liability insurance with limits not less than $2,000,000 per
occurrence and aggregate.
8.2. Any payment of deductible or self-insured retention shall be the sole
responsibility of Licensee.
8.3. The City, its officers, officials, employees, agents, assigns and volunteers
shall be named as an additional insured on the insurance policy, as respects work performed
by or on behalf of the Licensee and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance.
8.4. Licensee's insurance shall contain a clause stating that coverage shall apply
separately to each insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
8.5. Licensee's insurance shall be primary insurance as respects the City, and the
City shall be given thirty (30) calendar days prior written notice by certified mail of any
cancellation, suspension or material change in coverage.
9. Modification. This License may not be modified, altered, or amended unless first
approved in writing by the City.
LICENSE--Page 5 of 7 July 18,2002
(between City and AT&T Corporation)
10. Assignment. Licensee may assign all or any portion of its rights, benefits, and
privileges, in and under this License subject to and conditioned upon approval of the City, which
approval will not be unreasonably withheld or delayed. Licensee shall,no later than thirty(30) days
of the date of any proposed assignment, file written notice of intent to assign the License with the
City together with the assignee's written acceptance of all terms and conditions of the License and
promise of compliance. Notwithstanding the foregoing, Licensee shall have the right,without such
notice or such written acceptance, to mortgage its rights, benefits, and privileges in and under this
License to the Trustee for its bondholders and assign to any subsidiary,parent, affiliate or company
having common control with Licensee so long as notice of same is provided to the City and provided
Licensee remains fully liable to the City for compliance with all terms and conditions hereof until
such time as the City shall consent to such assignment as provided above.
11. Dispute Resolution; Venue; Jurisdiction. In the event of any alleged breach or
threatened breach of this License by either party and if the City and Licensee are unable to cure the
breach or otherwise resolve their dispute, then final resolution of this dispute or claim shall occur
exclusively under the venue,jurisdiction and rules of the King County Superior Court located in
Kent, Washington. Each party shall also be responsible for its own legal costs and attorney fees
incurred in defending or bringing that claim or lawsuit.
12. Notice. All notices,requests,demands, or other communications provided for in this
License shall be in writing and shall be deemed to have been given when sent by registered or
certified mail,return receipt requested, addressed as the case may be, to the addresses listed below
for each party, or to such other person or address as either party shall designate to the other from time
to time in writing forwarded in like manner.
CITY OF KENT LICENSEE:
Attn: City Clerk Attn: Ms. Peggy J. Womack
220 Fourth Avenue South AT&T Corporation
Kent, WA 98403 1200 Peachtree Street NE, Room 2015
Atlanta, GA 30309
(404) 810-4491
Please Copy to:
LICENSE--Page 6 of 7 July 18,2002
(between City and AT&7'Corporation)
13. This License contains the entire agreement between the parties and, in executing it,
the City and Licensee do not rely upon any statement, promise, or representation, whether oral or
written,not expressed herein.
IN WITNESS, this Limited Street License is executed and shall become effective as of the
last date signed below.
CITY OF KENT AT&T CORPORATION
By: ft
By: C
07yV-4
Q�,m JW Print Namd.n(XY J. WOMACK
Its: Ma or Its: S Technical Staff Mana er
Date: 9 `/& — 0� Date:
APPROVED AS TO FORM:
"I—) /
By: l
KIM ADAMS PRATT
Kent Assistant City Attorney
P\Cml\FILES\OpenFdes\0421\AT&T-Re"sedLlcense071702 doc
LICENSE--Page 7 of 7 July 18,2002
(between City and AT&T Corporation)
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Exhibit
General description of the plans and specifications for the Telecommunications
System.
Installation of a telecommunications system consisting of: four (4) 2" diameter High Density
Polyethylene conduits, fiber optic cable(s), manholes or handholes, splice boxes, surface
location markers and other facilities or equipment. Three (3) of the conduits will be owned by
AT&T,identified as the following colors: solid white,solid orange and the orange conduit with
a yellow stripe. Touch America, Inc shall own the fourth conduit, black in color.
Construction standards:
Material:
High Density Polyethylene(HDPE),Polyvinyl chloride(PVC)or schedule-40 black iron
steel pipe.
Conduit placement:
• Minimum depth of cover required is forty-two inches (42") unless otherwise
required by the granting authority.
• Minimum depth of cover in ditches adjacent to roads, highways, railroads, and
interstates is forty-eight inches (48") below the clean out line or existing grade,
whichever is greater.
• The minimum depth of cover in streams, river washes and other waterways is six
feet(6') below the flow line of the channel bottom or existing grade,whichever is
greater.
• Underground Obstructions: Conduit may go over,under or around various existing
facilities encountered underground as long as there is a minimum separation of
twelve (12) inches and the minimum trench depth requirements are met, unless
greater separation is required by the permit agency. If the minimum depth of cover
cannot be met, mechanical protection of the conduit in the form of concrete, steel
pipe or both is required.
Buned Warning Tape placement:
Cable warning tape shall be placed twelve(12)to eighteen(18)inches directly above the
conduit.
Manholes/Handholes installation:
The maximum spacing between manholes/handholes shall be 4,000 feet.
Surface location markers:
Markers should be visible each way from an adjoining maker but at no time shall any marker be
spaced more than five hundred feet apart.
Construction methods:
Trenching:
Where practical the conduit installation will be accomplished by trenching. The
trenching will be performed with equipment such as a backhoe, track hoe, and chain
trencher
Directional Bonng:
Where required the conduit installation will be accomplished with use of a directional
bore machine.
Exhibit B--Page 1 of 1 August 12,2002
(Between Cary and Touch Anierica and AT&T)
DEN 74-598-2002
CERTIFICATE NUMBER
NYC-001436225-00
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Marsh USA Inc NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
1166 Avenue of The Americas POLICY.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
New York,NY 10036-2774 AFFORDED BY THE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
COMPANY
21000-CORP--99-00 A OLD REPUBLIC INSURANCE COMPANY
INSURED COMPANY
AT&T Corp B NATIONAL UNION FIRE INS CO OF PA
1200 Peachtree Street NE Prom 1 Loc 2016
Atlanta,GA 30309 COMPANY
C N/A
COMPANY
D N/A
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIOIk LIMITS
LTR DATE(MMIDDIYY) DATE(MMIDDIYY)
A GENERAL LIABILITY MWZY 54957 10/15/99 10/15/02
GENERAL AGGREGATE $ N/A
x COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 2,500,000
CLAIMS MADE E OCCUR PERSONAL&ADV INJURY $ 2,500,000
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 2,500,000
FIRE DAMAGE(Any one fire $
MED EXP(Any oneperson) $
A AUTOMOBILE LIABILITY MWTB 17862 10/15/99 10/15/02
COMBINED SINGLE LIMIT $ 2,500,000
x ANY AUTO
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY $
NON-OWNED AUTOS (Per acadent)
PROPERTY DAMAGE $
GARAGE LIABILITY
AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY
EACH ACCIDENT $
AGGREGATE $
B EXCESS LIABILITY BE 871 3680 10/15/01 10/15/02 EACH OCCURRENCE $ 5,000,000
X UMBRELLA FORM AGGREGATE $ 5,000,000
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND WC STATU- OTH
EMPLOYERS'LIABILITY T LIMITS ER
EL EACH ACCIDENT $
THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $
PARTNERS/EXECUTIVE
OFFICERS ARE REXCL EL DISEASE-EACH EMPLOYEE $
OTHER
DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/SPECIAL ITEMS(LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS)
Certificate holder is hereby added as additional Insured as required by written contract or lease agreement Location code/Site No Various locations
designated by The City nght-of-ways
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL__-ao DAYS WRITTEN NOTICE TO THE
City of Kent CERTIFICATE HOLDER NAMED HEREIN BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
220 Fourth Avenue South
Attn City Clerk LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE ITS AGENTS OR REPRESENTATIVES
Kent,WA 98403
rRSH USA INC
RoseMane Melillo ,I 1010 l4,16 � �—
MM1(9/99) VAM AS OF:05/09/02
J� CERTIFICATE NUMBER
k T 110 RcP = NYO-001436225-01
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
1166 Avenue of the Americas POUCY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE
New York,NY 10036 AFFORDED BY THE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
COMPANY
-21000-Corp-renew-02-03 A OLD REPUBLIC INSURANCE COMPANY
INSURED COMPANY
AT&T Corp. B NATIONAL UNION FIRE INS.CO OF PA
1200 Peachtree Street NE Prom I Loc.2016
Atlanta,GA 30309 COMPANY
C N/A
COMPANY
D
POP"
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.AGGREGATE
LIMITS SHOWN My HAVE BEEN REDUCED BY PAID CLAIMS.
co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION
LTR DATE(MM/DDfYY) DATE(MMA)DNY) LIMITS
A N/A
X COMMERCIAL GENERAL LIABILITY
GENERAL LIABILITY MWZY 55616 10115/02 10/15/05 GENERAL AGGREGATE
PRODUCTS-COMP/OPAGG $ 2,500,000
CLAIMS MADE FX-1 OCCUR PERSONAL&ADV INJURY $ 2,500,000
OWNER'S&CONTRACTORS PROT EACH OCCURRENCE $ 2,500,000
FIRE DAMAGE(Any me fire) $
MED EXP An one person) $
A AUTOMOBILE LIABILITY MWTB 18496 10/15/02 10115/05 COMBINED SINGLE LIMIT $ 2,500,000
x ANY AUTO
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per pernton)
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Per accident) $
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
H B CESS LIABILITY BE 8713680 AGGREGATE $
10115101 11115/02 EACH OCCURRENCE $ 1,000,000
UMBRELLA FORM AGGREGATE $ 1,000,000
OTHER THAN UMBRELLA FORM $
WORKERS COMPENSATION AND - I ,
-EMPLOYERS'LIABIUTY WC STATU
EL EACH ACCIDENT
THE PRIETOR),PARTNERS OPR�ECUTIVE INCL EL DISEASE-POLICY LIMIT I$
OFFICERS ARE EXCL I EL DISEASE-EACH EMPLOYEEI$
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DESCRIPTION OF OPERATIONSILOCATIONSNEH CLESISPECIAL ITEMS
Certificate holder is hereby added as additional insured as required by written contract or lease agreement. Location code Site No.Various locations
designated by The City right-of-ways.
7=
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 'in DAYS WRITTEN NOTICE TO THE
City of Kent
CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
220 Fourth Avenue S uth
Attn:City Clerk LIABILITY OF My KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES.OR THE
Kent,WA 98403 ISSUER OF THIS CERTIFICATE.
MARSH USA INC.
BY: RoseMarje Melillo
- �i` - CERTIFICATE
l/w/LT� flC- NSB]p/ NCC- CERTIFICATE NUMBER
('� CERi f CA r i7YRTt,9AtG v CHI-0 01 7 64 54 8-04
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Marsh USA Inc NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
701 Market Street,Suite 1100 POLICY THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE
St Louis,MO 63101 AFFORDED BY THE POLICIES DESCRIBED HEREIN
Attn ATT CertRequest@marsh corn COMPANIES AFFORDING COVERAGE
COMPANY
18566-W/UMB-CRT-08-09 02 01 02 A NATIONAL UNION FIRE INS CO OF PITTSBURGH PA
INSURED COMPANY
AT&T Inc and Subsidiaries B AMERICAN HOME ASSURANCE COMPANY
AT&T Corp
175E Houston Room 7-P-60 COMPANY
San Antonio,TX 78205 C ILLINOIS NATIONAL INSURANCE RECENFri
COMPANY
D f I ck, I�10
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CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MMIDD/YYJ DATE(MMIDDIYY)
• GENERAL LIABILITY GL9723024 (ADS) 06/01/08 06/01/09 GENERAL AGGREGATE $ 10,000,000
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOPAGG $ 2,000,000
CLAIMSMADE J OCCUR PERSONAL&ADV INJURY $ 2,000,000
OWNERS&CONTRACTOR'S PROT EACH OCCURRENCE $ 2,000,000
FIRE DAMAGE(Any one fire) $ 1,000,000
MED EXP(Any one Person $ 10,000
p, AUTOMOBILE LIABILITY CA1607582 (AOS) 06/01/08 06/01/09
COMBINED SINGLE LIMIT $ 1,000,000
A X ANY AUTO CA1607583 (VA) 06/01/08 06/01/09
A ALL OWNED AUTOS CA1607584 (MA) 06/01/08 06/01/09 BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS _ BODILY INJURY
NON-OWNED AUTOS _ (Per accident) $
PROPERTY DAMAGE $
GARAGE LIABIUTY -
AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY _
EACH ACCIDENT $
AGGREGATE $
A EXCESS LIABILITY BE5443220 _ 06/01/08 06/01/09 EACH OCCURRENCE '$ 2,000,000
X UMBRELLAFORM (AGGREGATE $ 2,000,000
!ETHER THAN-UMBnCLL4 F04M __ _ i —__ $ _
B WORKERS COMPENSATION AND WC3621165 (AOS) 06/01/08 06/01/09 X WC STATU- OTH
EMPLOYERS'LIABILITY TORY LIMITS ER - -
B WC3621166 (CA) 06/01/08 06/01/09 EL EACH ACCIDENT $ 1,000,000
C THE PROPRIETOR/ iX INCL WC3621167 (FL) 06/01/08 06/01/09 EL DISEASE-POLICY LIMIT $ 1,000,000
PARTNERSIEXECUTIVE
C OFFICERS ARE XCL WC3621168 (IL,MI) 06/01/08 06/01/09 EL DISEASE-EACH EMPLOYEE $ 1,000,000
C OTHER WC3621169 (MA,NY) 06/01/08 06/01/09 Workers Compensation
B Workers Compensation WC3621170 (WI) 06/01/08 06/01/09 Each Accident 1,000,000
B WC3621171 (OR) 06/01/08 06/01/09 Disease-Policy Limit 1,000,000
B WC3621172 (TX) 06/01/08 06/01/09 1 Disease-Each Employee 1,000,000
DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLESISPECIAL ITEMS
Re Limited Street License for facilities in City owned Rights of Way
The City,its officers,officials,employees,agents,assigns and volunteers are included as Additional Insured under the General Liability policy but only with
respect to the requirements of the contract between the Certificate Holder and AT&T Corp
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL -1 DAYS WRITTEN NOTICE TO THE
City of Kent,WA CERTIFICATE HOLDER NAMED HEREIN BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
Attn Susan Jensen
220 Fourth Avenue,South LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE ITS AGENTS OR REPRESENTATIVES OR THE
Kent,WA 98403 ISSUER OF THIS CE RTIFICATE
AUTHORIZED REPRESENTATIVE x
Marsh USA Inc �y , \ •"
BY Alfred A Peterfeso W'r.l.Ji1 T
MM1(3102) VALID AS OF 05/30/08
Judith Welch
Client Support Specialist
MARSH Marsh USA Inc
10900 Stonelake Boulevard
Suite 300
-]- MARSH MERCER KROLL Austin,TX78759
GUY CARPENTER OLIVER WYMAN 866 966 4664 Fax 212 948 0811
att certrequest@marsh corn
www marsh corn
May 30, 2008
Dear Certificate Holder
In order to serve you better, we would like to forward future renewal certificates via fax or e-
mail
Please clearly Indicate your fax number or e-mail address on the front of the enclosed
Certificate of Insurance and send to
Email att certreguest(c)_marsh com
Fax 212-948-4341
If the Certificate is no longer required, please Indicate on the front of the Certificate and send
back to the e-mail/fax referenced above
Thank you for your assistance
Sincerely,
Judith Welch
Client Support Specialist
I
c t
IDENTITY OF ORGANIZATION OR ENTITY
TO BE EXCLUDED FROM SETTLEMENT CLASS
CITY OF KENT A Washington municipal
corporation
Name o O 'anizadon or En Legal cription(partnership,corporation,eta)
220 Fourth Avenue S
Current MaMing Address Street or P.O.
Box
Kent I WA T918032-5895 (253) 856-5770
C State Code Country(if not U.S.) Telephone No.(with Area Code)
TELECOMMUNICATION CABLE PROPERTY LOCATION
(if differensfrom amiiing address above)
* See below
Kent WA
S&MAddress City State ZIP Code
i. Please provide your full name and indicate your position in or relationship to the organization or entity you represent
Jim White, Mayor of City of Kent
2. Please provide a current(business or home)address and telephone number for you,if different from the address and telephone number above.
3. Provide any additional comments you would like to make to clarify this filing.
No additional comments provided.
I am signing this form as an election to exclude the above-identified organization or entity from the Washington"Telecommunication Cable'
/Railroad Corridor Settlement Class. INDOING SO,I UNDERSTAND THAT THE ABOVE-IDEN77F4ED ORGANIZATION OR ENTITY
WILL NOT RECEIVE ANY OF THE BENEFITS PROVIDED F R IN E SETTLEME
Date Signed Stgnatur perty or Representative)
To be effective as an election to be excluded from the Settlement Class, this form must be completed,signet,
and mailed(postmarked no later than November 10,2005)to Washington Case, TeleCable Settlement
Center,P.O. Box 131110,Dallas, TX 75313-1110.
The consequences of returning this Exclusion Form are explained in Paragraph 33 of the Court Nonce.
* All real property within the City limits of the City of Kent, WA,
owned by the City of Kent underlying or adjoining the following
railroad corridors in Washington: Seattle to Bellevue to Tacoma,
Yakima to Everett, Blaine to Everett, Tacoma to Kalama, and Kalama
to Vancouver to Portland.
WASHINGTON
"TELECOMMUNICATION CABLE"/
RAILROAD CORRIDOR CLASS SETTLEMENT
y� �B
I x� pS
1 ._ t
a 9�A r 4�� sfl a
This is NOT a Claim Form. It EXCLUDES you(and any co-owners)from
the Settlement Class. Use this form ONLY if you wish to"OPT OUT"of the Settlement Class.
DO NOT use this form if you want to receive benefits under the Settlement.
• If Property Owner is an Individual,Complete the Front of This Form
• If Property Owner is an Organization or Other Entity,Complete the Back of This Form
IDENTITY OF INDIVIDUAL PERSON TO BE EXCLUDED FROM SETTLEMENT CLASS
First Name Middle NameAnielal Last Name Social Security Number -
Other Names by Which You Also Are or Were Formerly Known
e. . Maiden Name or Cour"ppainted Representative's Name Date of Birth
Current Mading Address(or Court-Appointed Representative's Address)(Street or P.O.Box) E-mail Address
City State ZIP Code Telephone Number(with Area Code)
TELECOMMUNICATION CABLE PROPERTY LOCATION
(if diJfereat from mailing address above)
Street Address City State ZIP Code
Check one
❑ I am the above-identified person I am signing this form as an election to exclude myself(and any co-owners) from the Washingtatt
"Telecommunication Cable"/Railroad Corridor Settlement Class.
❑ I am the guardian, custodian, executor, or other court-appointed representative of the above-identified person (or person's estate). i am-
signing this form as an election to exclude such person(and any co-owners)from the Washington "Telecommunication Cable"/Railroad
Corridor Settlement Class. [Please attach copy of court order appointing you as representative,and provide your name,mailing address,
and telephone number in the above blocks as indicated
IN DOING SO,I UNDERSTAND THAT I WILL NOT RECEIVE ANY OF THE BENEFITS PROVIDED FOR IN THE SETTLEMENT,
Date Signed Signature(Property Owner or Court-Appointed Representative)
To be effective as an election to be excluded from the Settlement Class, this form must be completed,
signer and mailed(postmarked no later than November 10, 2005)to Washington Case, TeleCable
Settlement Center,P.O. Box 131110,Dallas, TX 75313-1110.
The consequences of returning this Exclusion Form are explained in Paragraph 33 of the Court Notice
�C 7 71
A
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aw
Randall J.Poyner e S �v,, 3001 Cobb Parkway
two Room 162
Atlanta, Georgia 30339
CITY OF KENT 770-953-5500
CITY CLERK
February 12, 2007
City of Kent
Attn: City Clerk
220 Fourth Avenue South
Kent, WA 98403
RE Renewal of AT&T Limited Street License
Dear Sir or Madam:
Please accept this letter as AT&T's request to renew the Limited Street License between
AT&T Corp and the City of Kent which will expire August 16, 2007 This License covers
AT&T's facilities located in vanous sections of King County.
Please contact Sidney Anderson by telephone at 770-953-5513 or via email at
andersonsidnev@aft corn to begin this renewal process. Thank you for your
assistance
Sincerely,
�T
KOzq
Randall J Poyner
Group Manager