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HomeMy WebLinkAboutPW13-226 - Original - Zayo Group, LLC - Limited Street License - 10/07/2013 Records N �age mer� NZKENT Document WASHINGTON 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 City Clerk's Office. Vendor Name: Zayo Group, LLC Vendor Number: ID Edwards Number Contract Number: PW Lso 224 This is assigned by City Clerk's Office Project Name: Limited Street License with Zayo Group, LLC Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 9/3/2013 Termination Date: 9/3/2018 Contract Renewal Notice (Days): N/A Number of days required notice for termination or renewal or amendment Contract Manager: Kathy Hardy Department: Legal Detail: (i.e. address, location, parcel number, tax id, etc.): Limited use street license with Zayo Group, LLC administered by Legal. S.Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 LIMITED STREET LICENSE BETWEEN THE CITY OF KENT AND Zayo Group, LLC PARTIES THIS LIMITED STREET LICENSE ("License") is between the CITY OF KENT, a Washington Municipal Corporation ("City"), and Zayo Group, LLC ("Licensee"). RECITALS 1. Licensee seeks to operate its telecommunications system in the City of Kent. 2. Licensee has requested that the City grant a permit to use City right- of-way to operate its telecommunications system within the City. 3. The City has agreed to issue this license, which constitutes a telecommunications system use permit under Chapter 35.99 RCW. NOW, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS: LICENSE 1. License Granted. The City grants this License ("License") for a period of five (5) years from the Effective Date for Licensee 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-way ("Property") as shown in Exhibit A ("Existing Property"). A general description of the plans for planned improvements to this Telecommunications System is attached as Exhibit B ("Improvements"). 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 fee of four thousand six hundred and eleven dollars and No/100 ($4,611.00) to cover the costs of administering this License. 3. City Owned Facilities. In accordance with and subject to the requirements of RCW 35.99.070, Licensee shall provide and install conduit (of the same type that License installs for its own use) with pullboxes spaced no more than five hundred (500) feet apart or as agreed upon by the City. For and on behalf of the City, at no cost to the City, the City facilities shall be installed alongside and LIMITED STREET LICENSE--Page 1 of 11 (between City of Kent and Zayo Group, LLC) concurrently with the Licensee's conduit as set forth more specifically in Exhibit B. 4. Damage to Property and Restoration. Licensee shall repair any damage to the Property caused by the installation, construction, operation, maintenance, removal, repair, reconstruction, replacement, use, and inspection of the Improvements on the Property. Upon revocation, termination, or expiration of this License, Licensee shall restore the Property to its original condition prior to the issuance of the License, with the exception that any conduit or pullboxes that the City deems necessary shall remain. Such restoration obligation shall survive the expiration of this License. 5. Revocation. The intent of this License is to authorize Licensee to operate its Telecommunications System on the designated City right-of-way, which right-of-way constitutes a valuable property interest owned by the City. This License does not grant an estate in the land described as the Property; 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. As a License upon real property, it is revocable at the will of the City. However, prior to revocation by the City, the City shall provide Licensee with at least sixty (60) calendar days' written notice of revocation. Within thirty (30) calendar days of the effective date of the City's revocation, Licensee is required to remove all Improvements except conduit or pullboxes deemed necessary by the City and restore the Property pursuant to Section 4. If Licensee fails to remove the Improvements within thirty (30) days, the City may remove all or part of the Improvements, restore the Property, and recover the costs of such removal and restoration from Licensee. 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 Improvements. 6. 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 Improvements. Licensee's failure to comply with this Section 6 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. 7. Record Drawings and As-Builts. Within sixty (60) days of construction of the Improvements, Licensee shall provide the City with accurate copies of all record drawings and maps showing the horizontal and vertical location and configuration of all located or relocated Improvements within the public right- of-way. These as-built drawings and maps shall be signed and stamped by a Washington state licensed professional land surveyor, shall be provided at no cost to the City, and shall include hard copies and digital copies in a format specified by the City. As-builts must be on City of Kent horizontal and NAVD88 vertical datum LIMITED STREET LICENSE--Page 2 of 11 (between City of Kent and Zayo Group, LLQ NAD83/91. Licensee warrants the accuracy of all record drawings and maps and as-builts provided to the City. Licensee shall provide the City with updated record drawings and maps upon request. 8. 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 the Improvements when required by the City for reasons of traffic conditions or public safety, widening or improvement of existing right-of-way, change or establishment of street grade, or the construction of any public improvement or structure by any governmental agency acting in a governmental capacity. Licensee shall, upon receiving approval and obtaining necessary permits from the City, have the right to temporarily locate facilities in a portion of right-of-way authorized by the City for the duration of the relocation process. 8.1 For the purposes of this Section 8, 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-way described in Exhibit A shall be a required relocation for purposes of this section. 8.2 If the City, under its authority, causes a required relocation of all or part of the Improvements, 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 twenty (20) 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 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, in its sole discretion, may attempt to coordinate the relocation of the utilities. 8.3 Licensee may, after receipt of the City's written notice requesting relocation, submit written alternatives to the City at least forty-five (45) calendar days prior to the commencement of the project requiring relocation. 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 Improvements. If requested by the City, Licensee will submit additional information to assist the City in making its determination. In the event the City LIMITED STREET LICENSE--Page 3 of 11 (between City of Kent and Zayo Group, LLC) ultimately determines, at its sole discretion, that no reasonable or feasible alternative exists, Licensee shall relocate its facilities as otherwise provided in this Section 8. 8.4 Notwithstanding the above provisions in this Section 8, the Licensee may seek reimbursement from the City for its actual relocation expenses under either of the following conditions: 8.4.1 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; or 8.4.2 If the Licensee holds an ownership share in the aerial supporting structures (defined as poles or pole-like structures) for its facilities, and if the City requires an aerial to underground relocation of 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. 8.5 In the event that a relocation of any of the Improvements is requested 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 8, Licensee shall make those arrangements, including compensation for Licensee's relocation cost, that it deems appropriate with that person or entity, and shall obtain all necessary permits for the relocation. 8.6 Notwithstanding all of the above, in the event of an unforeseen emergency that creates an immediate threat to public safety, health, or welfare, the City may require the relocation of the Improvements at Licensee's expense. 8.7 The provisions of this Section 8 shall survive the expiration or termination of this License. 8.8 Licensee shall not be responsible for any costs associated with relocation of the City's four inch (4") conduit or pullbox facilities. 8.9 Licensee shall not erect poles or run or suspend wires, cables, or other facilities in any area without written approval from the City. 9. Emergency. In the event of any emergency in which any portion of the Improvements 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 LIMITED STREET LICENSE--Page 4 of 11 (between City of Kent and Zayo Group, LLC) 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 (2) succeeding business days. 10. Indemnification. Licensee shall comply with the following indemnification requirements: 10.1 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 reasonable 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, except to the extent caused by the sole negligence of the City, its employees, agents, contractors, or invitees. ; 10.2 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. 10.3 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, the Licensee shall indemnify and hold the City harmless as provided for in this Section 10 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 of such claims is made with or without Licensee's consent. 10.4 In the event that Licensee refuses to accept tender of defense in any claim, action, or suit by a third party pursuant to this Section 10 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 reasonable legal costs, witness fees, and attorney fees and also including the City's costs, including all legal costs, witness fees and reasonable attorney fees, for recovery under this Section 10 indemnification clause. 10.5 The provisions of this Section 10 shall survive the expiration or termination of this License. 11. 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 that may arise from or in connection with the performance of the work by Licensee. Licensee also agrees to LIMITED STREET LICENSE--Page 5 of 11 (between City of Kent and Zayo Group, LLQ require the same coverage of its agents, representatives, employees, contractors, subcontractors, consultants, subconsultants, or assigns performing work under the scope of this License and to assure that such coverage is maintained. 11.1 Before beginning work on the project described in this License, Licensee shall provide a Certificate of Insurance evidencing: 11.1.1 Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 11.1.2 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 operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability. 11.1.3 Excess Liability insurance with limits not less than $2,000,000 per occurrence and aggregate. 11.2 Any payment of deductible or self-insured retention shall be the sole responsibility of Licensee. 11.3 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 shall make its endorsement available for inspection by the Licensor. Licensor waives no rights and Licensee is not excused from performance if Licensee fails to provide Licensor with a paper copy of the endorsement naming the City as an additional insured. 11.4 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. 11.5 Licensee's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice electronically and by United States mail of any cancellation, suspension or material change in coverage. 12. Modification. This License may not be modified, altered, or amended unless first approved in writing by the City. 13. Assignment. Licensee shall not assign all or any portion of its rights, LIMITED STREET LICENSE--Page 6 of 11 (between City of Kent and Zayo Group, LLC) benefits, or privileges, in and under this License without prior written approval of the City, which approval will not be unreasonably withheld or delayed. Licensee shall, no later than thirty (30) days prior to 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 of this license until such time as the City shall consent to such assignment as provided above. 14. Compliance with Laws. Licensee shall comply with all federal, state, and municipal laws, rules, and regulations that are applicable to this License. 15. Venue and Jurisdiction. This License shall be construed in accordance with the laws of the State of Washington. Venue and jurisdiction for the resolution of disputes shall be in the Superior Court for King County, Washington. In the event of claim or litigation regarding the enforcement of the terms of this License, each party shall be responsible for its own legal costs and attorney fees except as noted in Section 10. 16. Notices. All notices, requests, demands, or other communications provided for in this License, unless otherwise noted, shall be in writing and shall be deemed to have been given when sent by registered or certified mail, return receipt requested, to the addresses listed below for each party, or to such other person or address as either party shall designate to the other party in writing: CITY: LICENSEE: City of Kent Zayo Group, LLC Attn: City Clerk 1805 29th Street 220 Fourth Avenue South Boulder, CO 80301 Kent, WA 98032 Attn: General Counsel, ZFTI 17. No Waiver of Rights. Nothing in this License shall constitute a waiver of either party's right to challenge any portion of the License that is not in accordance with applicable federal, state and local laws. LIMITED STREET LICENSE--Page 7 of 11 (between City of Kent and Zayo Group, LLC) 18. Entire Agreement and Effective Date. 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 in this License. This License shall be effective upon the last day executed below (Effective Date). 19. Warranty of Authority to Execute. Each person executing this License warrants that he/she has the requisite authority to bind the party for whom that person is executing. This License is executed and shall become effective as of the last date signed below. CITY OF KENT LICENSEE B B Y� Y• Pri a S ZETTE COOKE Pr me: (jY, P_r r s: o ts: Prn) 0��n e Date: 11&),j 3 P Crvd\Fda�OMFiles,D421-TelcomROWActtvelicen ,Zayv Lwrted St Ltceasedo LIMITED STREET LICENSE--Page 8 of 11 (between City of Kent and Zayo Group, LLC) STATE OF WASHINGTON ) . ss. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Suzette Cooke is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she is authorized to execute the instrument on behalf of the City of Kent as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. t -gig ?pTA*` �i�s i - • - s $ NOTARY PUBLIC, in and for the State / A%, �s��6 10 ; of Washington, residing O A/7 l�w�f fin'/` My appointment expires 41r1',o;W \111a��� LIMITED STREET LICENSE--Page 9 of 11 (between City of Kent and Zayo Group, LLC) STATE OF W ) c J . ss. COUNTY OF4QNG- ) oo�lder I hereby certify that I know or have satisfactory evidence that cep is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she is authorized to execute the instrument on behalf of Yam._ _>> as its �Li,� Qr& / � ­11 ZC7-% , and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Sea!Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTA YI PUBLIC, in and for the State f � � ` , residing at O 1I o ink NWELUMMEW3 Ply appointment expires lLp NOTARY PUBLIC etATEOFCOLORADO NOTARY ID=2aom670 MY COMMISSION EXPIRES OCTOBER 29,2016 LIMITED STREET LICENSE--Page 10 of 11 (between City of Kent and Zayo Group, LLQ EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY LIMITED STREET LICENSE--Page 11 of 11 (between City of Kent and Zayo Group, LLC) Exhibit A Description of Facilities Facilities included in this Street License are limited to the Public Right of Way along the following City Streets: S 277th Street—From City Limits at Green River to 108'Ave SE 108th Ave SE—From S. 277th Street to SE Kent Kangley Road SE Kent Kangley Road—From 108th Ave SE to 107 Ave SE 107th Ave SE—From SE Kent Kangley Road to SE 256th Street SE 256th Street—From 107th Ave SE to 116th Ave SE I I6th Ave SE—From SE 256th Street to SE 240th Street SE 240th Street—From 116th Ave SE to 104th Ave SE 104th Ave SE—From SE 240th Street to SE 224th Street SE 224th Street—From 104th Ave SE to 108th Ave SE (Benson Rd) 108th Street(Benson Rd)—From SE 224th Street to City Limits at SE 192"d Street South Quadrant of Intersection of SE 43`d St(180'Ave S.) and 84' Avenue S. SE 1960' Street—From 108'Ave SE to 120th Ave SE 120th Ave SE—From SE 196' St to SE 192"d St SE 192"d St—From 120th Ave SE to 200 feet west of 120th Ave SE S. 228th Street—From 68th Avenue S. to 76th Ave S (4tt'Ave N.) 76th Ave S (4th Ave N.) —From S. 228th Street to State Route 167 Hawley Road—From 68th Ave S. to Approximately 400 feet east of 68th Ave S. Intersection of 108th Ave SE(Benson Road) and SE 224th Street SE 240th Street—From I l6th Ave SE to 144th Ave SE 1441h Ave SE—From SE 240th Street to Approximately 300 feet South of SE 240th St 68th Avenue South—From Approximately 200 feet North of S. 2081h St to Approximately 500 feet South of S 212"' Street Exhrgxr g XMPR°V,EMENrs t E w\ O W m y O , 12- 3 O i o w Qj � O a re zr z z _ w UN1 1p m3 OW W W 6Q U U U V nx J IiZ¢ pj vO Z7 V O m S ~ sU U m Y � O zo m it� 3 F F- w p N qa Q' zao< z n i m Z 0 0 0 0 m m O N 3 ZJF J<Q<� Z f = 3 w N d Yg OS p zp F tz J J < m rc Q nn IL o�Nx a x o D W hi3wtL C) o Zz 3 m 5 0 2 ° WZWI�. 0 0€ ' m K o " N N pelf O cn XUaF Z Zz � O' a wz J I p o < ao <a�w O vi O a 4w z o �o ` Um ao z Nz o E y m Q O =LLO F Zp 3 < a , a 4wao O o O 5 �w O z a ism F Uz �� OO t Y �� O ? w KU�W Jop �Z �Z C @� WW N v W J O Z rnm ¢ VFW Q�U WE 2 w0 r U pm>r W DO Z V 0o m wo 2 O U Ii0? «a 77 SV E UO m ZO ES W p a W m m < m O\U O •OIO�w n O pNW N Z a �W W m 724tlt AMd SF � aYNa y �,d0 11BC1 AMC SE m vi 192th Ave s R td CO M _ (9 h z w z w x o a a a a _ E2 i o 1px v SE O aZo m a !7Z aY3 , n 05 m �N a Wp�,.� `UUv Z z g a vm w V ru � �'lelter"w'Y 13r9Ave 5 41 E . 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Im,n4e`C" Y � p6 Mu � W vx.nz nrr.vr „ FP F x h rt R MX ImMtc a mwu��C,4 It Q , MeE a� �Ian.,.R � FYb �IMn.,u 1R N VC.I ,IN HX t , h :15 � av- `� 77th Ave S - - 771hAv `s Ave S v 761h Lave S c 72n4d Aw S 77nd Ave S tv 72nA Ave S 77nd Ave S •t b`y w h- W Valle-, — 6644 !.16 n � W VaN E� >c�v 661h Ave S 0 66th Ate`> � ra � a co0 5149t1t St Oa Y 1 64th Ave$ v C S1S "ih Ave S = 1 Lp Y 3! to 91fk P1 S 591h Pi S Y 4 9 y 7 ® DATE(MMIDDIYYYY) '4 CERTIFICATE OF LIABILITY INSURANCE D6„3„4 IlloiTHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed If SUBROGATION IS WAIVED,su bJect to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s) PRODUCER CONTACT Aon Risk Services,Inc of Florida Aon Risk Services,Inc of Flonda NAMEAX 1001 Bnckell Bay Drive Suite#1100 PRIl AIC No Ext 800-743-8130 NC,No 800-522-7514 Miami FL331314937 EMAIL ADDRESS ADP COI Center on corn INSURER(S)AFFORDING COVERAGE NAIC# INSURER A New Hampshire Ins Cc 23841 INSURED INSURER B ADP TotalSource MI VII,LLC 10200 Sunset Drive INSURER C Miami FL33173 INSURERD ALTERNATE EMPLOYER Zeyo Group LLC DBA Zayo Group UDC INSURER E AboveNet Communications,Inc 400 Centennial Parkway Suite 200 Louisville,CO a0027 INSURER F COVERAGES CERTIFICATE NUMBER:829813 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS _11,11 S SnOI^JPJ AREAS REQUESTED INSIR4 TYPE OF INSURANCE ADDL CY EFF SUBR POLICY NUMBER POLI POLICY EXP LIMITS LTR I INSR WVD (MMIDDIYYYY) MMIDDIYYYY GENERAL LIABILITY EACH OCCURRENCE $ DAMAGETO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE F OCCUR MED EXP(Anyoneperson) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GENE AGGREGATE LIMITAPPLIES PER PRODUCTS-COMPIOP AGG $ POLICY PROJECT I LOC $ ED IN LE LIMI AUTOMOBILE LIABILITY Ea socident $ ANY AUTO BODILY INJURY Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILYINJURY Peracciderd $ NON-OWNED PROPERDAMA HIRED AUTOS AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEC RETENTION$ WORKERS COMPENSATION X WC STATU- R AND EMPLOYERS'LIABILITY YIN TORV LIMITS R E E A_ YPEOPBIEI.1,Ri29FtTN= 'T�F _ 9Z�a an W �i3F�2� £�AE:H AEC7DEtvT $ 21000,000 OFFICERIMEMBER EXCLUDED? NIA (Mandatory in NH) E L DISEASE-EA EMPLOYEE $ 2,000 000 If yes aescnbe uroer DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 2,000 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) All worksite employees working for the above named client company paid under ADP TOTALSOURCE INC's payroll,are covered under the above stated policy The above named client is an alternate employer under this policy COVERAGE INCLUDES ALL STATES EXCEPT THOSE THATARE MONOPOLISTIC(OH NO WY and WA) CERTIFICATE HOLDER CANCELLATION City SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent Fourth Avenue South THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn City Clerk ACCORDANCE WITH THE POLICY PROVISIONS Kent,WA 98403 AUTHORIZED REPRESENTATIVE �}__p��r ��jja 04o/LebAi6lf -! ©1988-2010 ACORD CORPORATION All rights reserved ACORD 25(2010106) The ACORD name and logo are registered marks of ACORD PUBLIC WORKS DEPARTMENT Timothy]. LaPorte P E., Public Works Director Phone. 253-856-5500 KEN T Fax. 253-856-6500 W.S H 1``" ON Address: 220 Fourth Avenue S. Kent, WA 98032-5895 Date: August 14, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: August 19, 2013 From: Chad Bieren, P.E., City Engineer Through: Tim LaPorte, P.E., Public Works Director Subject: Limited Use Agreement with Zayo Group, LLC Motion: Move to recommend Council authorize the Mayor to sign a Limited Street License with Zayo Group, LLC subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: Zayo Group, LLC is a private telecommunications company whose service area includes the City of Kent. Zayo has requested that the city grant them a License along several streets to use the public right-of-way to install and operate their telecommunications system. In accordance with state law, cities may require telecommunications companies to obtain a license to operate their facilities within city limits. This Limited Street License constitutes a use permit and only grants Zayo the right to operate within Kent's right-of-way for five years. Zayo will still be required to obtain and pay fees for permits to install these facilities. Budget Impact: A one-time fee of $4,611 will be paid by Zayo to cover the clty's cost of administering this license. KENT aSHING'ON Agenda Item: Consent Calendar - 7G N TO: City Council DATE: September 3, 2013 SUBJECT: Limited Street License with Zayo Group, LLC - Authorize MOTION: Authorize the Mayor to sign a Limited Street License with Zayo Group, LLC, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The Zayo Group, LLC, is a private telecommunications company whose service area includes the city of Kent. Zayo has requested that the City grant it a License along several streets to use the public right-of-way to install and operate its telecommunications system. In accordance with state law, cities may require telecommunications companies to obtain a license to operate their facilities within city limits. This Limited Street License constitutes a use permit and only grants Zayo the right to operate within Kent's right- of-way for five years. Zayo will still be required to obtain and pay fees for permits to install these facilities. EXHIBITS: Limited Street License RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: A one-time fee of $4,611 will be paid by Zayo to cover the City's cost of administering this license. . �� REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill In All Applicable Boxes Reviewed by Director Originator's Name:O- 1, t De t/Div. ?w Extension: 5 a Date Sent: Ip Date Required: Return to: I CONTRACT TERM NATION DATE: s-QameQ ve VENDOR: 42 L L-C DATE OF COUNCIL APPROVAL: 8 11 q I20 ATTA THE CO NCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: LLC a ( U;,� L �C-P�vt 5.2.. 4(Oh �h�✓'C���'��SJ S s4w c All Contracts Must Be Routed Through The Law Depart�ent19 7?0/ (This area to be completed by the Law Department) ON, Ent Received: OCT 7 2913 Mayor Approval oKENTTAW DEPT. 6 �I; Law Dept. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration StaRECEIVED Received: OCT 8 2013 Recommendations and Comments: C"OFKEW i2/ dCITY CLERK /�-� Disposition: I617 drG����CO� 7� '✓plp`�'O. �,., Date Returned: