Loading...
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) a O O NO Oo O COO ( oNO N N W Ld N CO 't W X O o U) W d Q Cz CD c (a w w w w w w w w w w w U) ¢ v v v v a a v v v � C— O a rV — E c • /^��, 3 z z z z z z z z z z z ' F-- W F N N N N N N N N N N N • )( U • • • 0 � — O • ad v 06 ad U � � � '0 'q v V V3a � C'4 (/) CD N N N N N O 7 CZ ,_ (� c c c c c c Y Y O O o 0 0 0 o 0 c c c U a U U U U U U J J J J J W E E Q) 3 3 a- �e Q CD cm v O � N - z cn w = _ E O O c) O c L a s U /�� I- CNo 0) E W \ Z N N N N > N " iz W N O W 0 0 to � 7_ _ � �t -_CV rn L1J - - .F y ! W i-r Nr _ =� J j 7 � ,- � _;� �,iI uj_ iIT_� i -r00 —1_J LU ETC O ;� —cis 00 cn CA N St and u19L_ ` - _. . . IRS N ' -r - �� - 0-5 Cl?` L9 �._.� L ti►�►H aleIS - ao � _� /,� LO CD _ Hi L a� c L _ �, 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$ OTHER F — 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 C¢YERAGES " = i„I 76( tkifiCalBst+Tl rs d8 isi reef cosiatlypre"Lisly*sUidnoortifficatsw}hiBpipenD nrliedbefow —_ THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE OLICV PERIOD INDICATED E� NOT NG ANY REQUIREMENT,TERM OR ITION OF ANY THER NT WITH ECT TO ICH THE IFI PERTAIN,THE NISURANCE AFFORDED BY THE POLICIESODDESCRIBED HEREIN CONTRACTOR IS SUBJECT TO ALL THE TERMS CONDITIONS AND XCLUSIONSTDF T S IAC��OAT�r... IT LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS • FJ 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 0 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