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HomeMy WebLinkAboutLW17-361 - Original - Verizon Access Transmission Services - Temporary License: Wireless 5G Fixed Wireless Test Project - 06/16/2017 i i n, Kecords...... KENT WASH I N O T O M� l-�/oc N�.A I�'L.�A A 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: MCImetro Access Transmission Services Corp. dba Verizon Access Transmission Services Vendor Number: JD Edwards Dumber Contract Number: L IN 1 This is assigned by City Clerk's Office Project Name: Verizon Wireless 5G Fixed Wireless Test Project Description: ❑ Interlocal Agreement ❑ Change Order F1 Amendment ❑ Contract Other: Temporary License talContract Effective Date» " i -q` Terminations Date, � ..�.. Contract Renewal Notice (Days): n/a Number of days required notice for termination or renewal or amendment Contract Manager. Cheryl Rolcik-Wilcox Department: Law Contract Amount: n a Approval Authority: [] Department Director Z Mayor El City Council Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 TEMPORARY LICENSE This Temporary License ("License") is entered into as of the Effective Date (defined below), by and between the City of Kent (the "City") and MCImetro Access Transmission Services Corp., a Delaware corporation, d/b/a/ Verizon Access Transmission Services ( "Verizon"). Section 1. Authority Granted. The City hereby grants to Verizon and its affiliates, the right, privilege, and authority to construct, operate, maintain, repair, replace, remove and use the communications equipment, fixtures, accessories and improvements ("Telecommunications Facilities") on a temporary basis, under, over and on the City's Rights-of-Way for the purpose of conducting a 5G fixed wireless trial. The Telecommunications Facilities consist of cables, related equipment and accessories, and appurtenances (but excluding antennas for use in providing wireless services), which will provide communication services (the "Services") within the License Area on a temporary and trial basis. Section 2. Scope of Authority. 2.1 The authority granted herein is a limited, temporary license to occupy and use specific City Rights-of-Way within the "License Area" identified on Exhibit A for non-commercial purposes to provide the Services. "Ri4h#s-of-Wav" as used in this License is defined as any highway, street, alley, utility easement (unless their use is otherwise restricted for other users), or other public right-of- way for pedestrian or motor vehicle or other use under the jurisdiction and control of the City which has been acquired, established, dedicated or devoted to highway or other purposes now or hereafter held by the City, but only to the extent of the City's right, title, interest or authority to grant this authorization to occupy and use the same for telecommunications facilities, and only to the extent such Rights-of- Way are opened. "Non-commercial purposes" as used in this License is defined as the offering of the Services on a trial basis, where the Services are made available to a limited number of customers for the purpose of testing the Services at no additional charge to the customers or the City. 2.2 This License is a limited license to allow Verizon to construct the Telecommunications Facilities only in the License Area and only to provide the Services. This License does not permit Verizon to further build out the Telecommunications Facilities beyond the License Area or to offer additional Services through the Telecommunications Facilities, including, but not limited to, personal wireless services or cable television services. If Verizon desires to construct additional Telecommunications Facilities or expand the License Area it must apply for a franchise or master permit with the City. Verizon has applied for a franchise ("Franchise") from the City. 2.3 Construction is not authorized without appropriate permits from the City. Placement of all Telecommunications Facilities within the Rights-of-Way must comply with the City's codes (collectively, the "Codes") in effect as of the date a permit is issued to perform work in the Rights-of-Way. Verizon shall utilize LIMITED LICENSE -Test Project (City of Kent and Verizon Wireless) Page 1 of 15 existing poles and conduit if feasible; otherwise, Verizon shall be permitted to construct conduit, pursuant to permits issued by the City. This License does not grant, give or convey to Verizon the right or privilege to install its Telecommunications Facilities in any manner on specific utility poles or equipment of the City or any third party. Section 3. Term of License. The term of this License shall be for a period of one (1) year from the Effective Date. Unless a subsequent agreement or license is executed between the City and Verizon, Verizon shall remove all Telecommunications Facilities associated with this License from the Rights-of-Way and restore the Rights-of-Way to their prior condition. Section 4. Non-Exclusive Grant. This License shall not in any manner prevent the City from entering into other similar licenses or exercising other powers and authorities granted to the City by law. Further, this License shall in no way prevent the City from using any of its Rights-of-Way or affect its jurisdiction over them or any part of them. Section 5. Maps and Records. 5.1 Verizon shall keep accurate records of all as-built plans and maps. No later than 60 days after construction, Verizon shall provide copies of such as built-plans, maps stamped and signed by a professional land engineer having a form and content reasonably prescribed by the Public Works Director or his/her designee ("Director"). These plans and maps shall be provided at no cost to the City, and shall include hard copies and digital files in Autocad or other industry standard readable formats that are acceptable to the City. Verizon shall also provide any as-built plans, maps and records (digital and/or hard copies) within ten (10) days following a request from the City. Verizon shall warrant the accuracy of all plans, maps and as-builts provided to the City. 5.2 Verizon acknowledges that information submitted to the City is subject to the Washington Public Records Act, chapter 42.56 RCW, and is open to public inspection, subject to any exceptions permitted by law (unless an exemption applies). 5.3 Verizon may identify documents submitted to the City that Verizon believes are non-disclosable, such as trade secrets or sensitive network information. Verizon shall be responsible for clearly and conspicuously identifying the work as confidential or proprietary, and shall provide a brief written explanation as to why such information is confidential and how it may be treated as such under State or federal law. The City agrees to keep confidential any proprietary or confidential books or records to the extent permitted by law. If the City receives a public records request under chapter 42.56 RCW or similar law for the disclosure of the documents or any part of the documents Verizon has designated as confidential, trade secret, or proprietary, the City shall provide Verizon with written notice of the request, including a copy of the request prior to disclosure so that Verizon can take appropriate steps to protect its interests. Nothing in this Section LIMITED LICENSE -Test Project (City of Kent and Verizon Wireless) Page 2 of 15 5.3 prohibits the City from complying with chapter 42.56 RCW or any other applicable law or court order requiring the release of public records, and the City shall not be liable to Verizon for compliance with any law or court order requiring the release of public records. The City will not assert an exemption from disclosure or production on Verizon's behalf. The City shall comply with any injunction or court order obtained by Verizon that prohibits the disclosure of any such confidential records. If a higher court overturns an injunction or court order and such higher court action is or has become final and non-appealable, Verizon shall reimburse the City for any fines or penalties imposed for failure to disclose such records within forty-five (45) days of a request from the City, unless additional time is reasonably necessary under the circumstances and is agreed to by the parties. Section 6. Work in the Rights-of-Way. 6.1 During any period of construction, maintenance or relocation, all work performed by Verizon or its contractors shall be accomplished in a safe and workmanlike manner and only after obtaining permits pursuant to Section 6.3. Verizon shall minimize interference with the free passage of traffic and the free use of adjoining property, whether public or private. Verizon shall at all times post and maintain proper traffic control to warn and direct the road users. Traffic control devises include but are not limited to barricades, traffic cones, traffic drums, tubular markers, flags, certified flaggers, lights, flares, and other measures as required for the safety of all members of the general public. Verizon shall also comply with all applicable safety regulations during such period of construction as required by the ordinances of the City or the laws of the State of Washington, including RCW 39.04.180 for the construction of trench safety systems. 6.2 Verizon shall, at its own expense, maintain its Telecommunications Facilities in a safe condition, in good repair, and in a manner suitable to the City. Additionally, Verizon shall keep its Telecommunications Facilities free of debris and anything of a dangerous, noxious, or offensive nature or which would create a hazard or undue vibration, heat, noise, or any interference with City services. The provisions of this Section 6 shall survive the expiration of this License during such time as Verizon continues to have Telecommunications Facilities in the Rights-of-Way. 6.3 Whenever Verizon shall commence work in any public Rights-of- Way for the purpose of excavation, installation, construction, repair, maintenance, or relocation of its cable or equipment, it shall apply to the City for a permit to do so and, in addition, shall give the City at least ten (10) working days prior notice of its intent to commence work in the Rights-of-Way. All work by Verizon in the area shall be performed in accordance with applicable City standards and specifications and warranted for a period of two (2) years, normal wear and tear excepted. In no case shall any work commence within any Rights-of-Way without a permit, except as otherwise provided in this License. LIMITED LICENSE -Test Project (City of Kent and Verizon Wireless) Page 3 of 15 6.4 Trenching shall not be allowed in locations where new street construction or pavement overlay of an existing street has occurred within the last (5) five years. 6.5 If either the City or Verizon plans to make excavations in any area covered by this License and as described in this Section 6.5, the party planning such excavation shall afford the other, an opportunity to share such excavation, PROVIDED THAT: (a) The joint use shall not unreasonably delay the work of the party causing the excavation to be made; (b) The joint use shall be arranged and accomplished on terms and conditions satisfactory to both parties; and (c) The initiating party may deny such request for safety reasons. 6.6 Except for emergency situations, Verizon shall give at least seven (7) days' prior written notice of intended construction to residents in the affected area. This notice shall contain the dates, contact number, nature and location of the work to be performed; a door hanger is permissible. At least twenty-four (24) hours prior to entering private property or streets or public easements adjacent to or on such private property, Verizon shall physically post a notice on the property indicating the nature and location of the work to be performed; a door hanger is permissible. Nothing in this License gives Verizon the right to enter onto private property without the permission of the private property owner. 6.7 Verizon shall make a good faith effort to comply with the property owner/resident's preferences, if any, on location or placement of underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths), consistent with sound engineering practices. Following performance of the work, Verizon shall restore the private property as nearly as possible to its condition prior to construction, except for any change in condition not caused by Verizon. Any disturbance of landscaping, fencing, or other improvements on private property caused by Verizon's work shall, at the sole expense of Verizon, be promptly repaired and restored to the reasonable satisfaction of the property owner/resident. 6.8 Verizon shall at all times comply with the safety requirements contained in Section 7 and all applicable federal, State and local safety requirements. 6.9 Upon prior written notice from the City, Verizon shall meet with the City and other franchise holders to schedule and coordinate construction in the Rights-of-Way. To minimize public inconvenience, disruption or damage, Verizon LIMITED LICENSE-Test Project (City of Kent and Verizon Wireless) Page 4 of 15 shall coordinate all construction locations, activities, and schedules as directed by the City. 6.10 Verizon acknowledges that it shall be solely responsible for compliance with all marking and lighting requirements of the FAA and the FCC with respect to Verizon's Telecommunications Facilities. Verizon shall indemnify and hold the City harmless from any fines or other liabilities caused by Verizon's failure to comply with these requirements. Should Verizon or the City be cited by either the FCC or the FAA because the Telecommunications Facilities or Verizon's equipment is not in compliance and should Verizon fail to cure the conditions of noncompliance within the timeframe allowed by the citing agency, the City may elect any or all of the following remedies: (1) cure the conditions of noncompliance at Verizon's expense, and collect all reasonable costs from Verizon in accordance with the provisions of Section 11; and (2) pursue remedies set forth in Section 16. Section 7. One Cali Locator Service. Prior to doing any work in the Rights-of-Way, Verizon shall follow established procedures, including contacting the Utility Notification Center in Washington and comply with all applicable State statutes regarding the One Call Locator Service pursuant to chapter 19.122 RCW. The City shall not be liable for any damages to Verizon's Telecommunications Facilities or for interruptions in service to Verizon's customers that are a direct result of Verizon's failure to locate its Telecommunications Facilities within the prescribed time limits and guidelines established by the One Call Locator Service regardless of whether the City issued a permit. Section 8. Restoration after Construction. 8.1 In the event Verizon does not repair a Right-of-Way or an improvement in or to a Right-of-Way within the time established by the Director, the City may repair the damage and shall be reimbursed its actual cost within thirty (30) days of submitting an itemized invoice to Verizon in accordance with the provisions of Section 11. 8.2 Verizon shall repair any damage to the Rights-of-Way, and the property of any third party, after installation, construction, relocation, maintenance, or repair of its Telecommunications Facilities. Verizon shall restore the Rights-of- Way and the surface of the Rights-of-Way to the same or better condition as it was immediately prior to any installation, construction, relocation, maintenance or repair by Verizon. Verizon shall not be responsible for any changes to the Rights-of- Way not caused by Verizon or anyone doing work for Verizon. No survey monument may be removed (or replaced) without a permit being obtained in advance from the Washington State Department of Natural Resources and a copy of the approved permit being submitted for City acceptance. All concrete encased monuments that have been disturbed or displaced by such work shall be restored pursuant to federal, state (Chapter 332-120 WAC), and local standards and specifications. If concrete monuments are subject to being disturbed, Verizon shall immediately notify the City Surveyor at (253) 856-5500 so that the City Surveyor LIMITED LICENSE-Test Project (City of Kent and Verizon Wireless) Page 5 of 15 can locate them prior to any disturbance. The Director shall have final approval of the condition of the Rights-of-Way after repair or restoration by Verizon. 8.3 Verizon agrees to complete all restoration work to the License Area or other affected area at its sole costs and expense and according to the time and terms specified in the construction permit issued by the City. Verizon also agrees to repair any damage caused by work to the License Area within fourteen (14) days unless otherwise approved by the Director. All work by Verizon pursuant to this License shall be performed in accordance with applicable City standards and warranted for a period of two (2) years, normal wear and tear excepted, and for undiscovered defects as is standard and customary for this type of work. 8.4 If conditions (e.g., weather) make the complete restoration required under this Section 8 impracticable, Verizon shall temporarily restore the affected Right-of-Way or property at its sole cost and expense. Verizon shall promptly undertake and complete the required permanent restoration as soon as conditions no longer make such permanent restoration impracticable. 8.5 If Verizon does not repair a Right-of-Way or an improvement in or to a Right-of-Way within the time prescribed by this Section 8, the City may repair the damage and shall be reimbursed its actual cost within sixty (60) days of submitting an itemized invoice to Verizon in accordance with the provisions of Section 11. The City may also bill Verizon for any expenses associated with the inspection of such restoration work. 8.6 The provisions of this Section 8 shall survive the expiration or termination of this License so long as Verizon continues to have Telecommunications Facilities in the Rights-of-Way and has not completed all restoration to the City's satisfaction. Section 9. Trees and Vegetation Trimming_ 9.1 Verizon may trim trees upon and overhanging on public ways, streets, alleys, sidewalks, and other public places of the City so as to prevent the branches of any such trees from coming in contact with Verizon's Telecommunications Facilities. The right to trim trees in this Section 9.1 only applies to the extent necessary to protect above ground Telecommunications Facilities. Verizon shall ensure that its tree trimming activities protect the appearance, integrity, and health of the trees to the extent reasonably possible. Verizon shall be responsible for all debris removal from such activities, 9.2 Verizon shall prepare and maintain a tree trimming schedule to ensure compliance with this Section 9.2 and to avoid exigent circumstances where tree cutting, trimming, or removal is necessary to protect the public safety or continuity of service. Verizon shall submit the tree trimming schedule to the Director. Verizon shall notify and obtain written approval from the City before completing any trimming, except in an emergency. LIMITED LICENSE-Test Project (City of Kent and Verizon Wireless) Page 6 of 15 9.3 All tree trimming shall be completed at the expense of Verizon. Verizon may contract for such services, however, City approval is required prior to commencing such trimming. Nothing in this License grants Verizon any authority to act on behalf of the City, to enter upon any private property, or to trim any tree or natural growth not owned by the City. Verizon shall be solely responsible and liable for any damage to any third parties' trees or natural growth caused by Verizon's actions. Verizon shall indemnify, defend and hold harmless the City from claims of any nature arising out of any act or negligence of Verizon with regard to tree and/or natural growth trimming, damage, and/or removal. Verizon shall reasonably compensate the City or the property owner for any damage caused by trimming, damage, or removal by Verizon. Except in an emergency, all tree trimming must be performed under the direction of an arborist certified by the International Society of Arboriculture, unless otherwise approved by the Director. Section 10. Emergencies. 10.1 In the event of any emergency in which any of Verizon's Telecommunications Facilities located in or under any street endangers the property, life, health, or safety of any person, entity or the City, or if Verizon's construction area is otherwise in such a condition as to immediately endanger the property, life, health, or safety of any person, entity or the City, Verizon shall immediately repair its Telecommunications Facilities and cure or remedy the dangerous conditions for the protection of property, life, health, or safety of any person, entity or the City, without first applying for and obtaining a permit as required by this License. Verizon shall apply for any necessary permits on the next day Kent City Hall is open for business. 10.2 Whenever the construction, installation, or excavation of Telecommunications Facilities authorized by this License has caused or contributed to a condition that appears to substantially impair the lateral support of the adjoining street or public place, an adjoining public place, street utilities, City property, Rights-of-Way, or private property (collectively "Endangered Property") or endangers the public, the Director may direct Verizon, at Verizon's own expense, to take reasonable action to protect the Endangered Property or the public within a prescribed time. If Verizon fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if an emergency situation exists that requires immediate action before the City can timely contact Verizon to request Verizon effect the immediate repair, the City may enter upon the Endangered Property and take such reasonable actions as are necessary to protect the Endangered Property or the public. Verizon shall be liable to the City for the costs of any such repairs in accordance with the provisions of Section 11. 10.3 The City retains the right and privilege to cut or move any Telecommunications Facilities located within the Rights-of-Way of the City, as the City may determine to be necessary, appropriate, or useful in response to any public health or safety emergency. The City shall notify Verizon by telephone promptly upon learning of the emergency and shall exercise reasonable efforts to avoid an interruption of Verizon's operations. LIMITED LICENSE-Test Project (City of Kent and Verizon Wireless) Page 7 of 15 10.4 The City shall not be liable for any damage to or loss of Telecommunications Facilities within the Rights-of-Way as a result of or in connection with any public works, public improvements, construction, grading, excavation, filling, or work of any kind in the Rights-of-Way by or on behalf of the City, unless directly and proximately caused by the gross negligence or willful acts of the City, its employees, contractors, or agents. The City shall further not be liable to Verizon for any direct, indirect, or any other such damages suffered by any person or entity of any type as a direct or indirect result of the City's actions under this Section 10 unless caused by the gross negligence or willful acts of the City, its employees, contractors, or agents. 10.5 Verizon shall promptly reimburse the City in accordance with the provisions of Section 11 for any and all costs the City reasonably incurs in response to any emergency situation involving Verizon's Telecommunications Facilities, to the extent said emergency is not the fault of the City. The City agrees to simultaneously seek reimbursement from any Verizon or permit holder who caused or contributed to the emergency situation. Section 11. Recovery of Costs. Verizon shall be subject to all permit fees associated with activities undertaken through the authority granted in this License or under the laws of the City. Where the City incurs administrative expenses that are directly related to receiving and approving this License and Verizon's permits, Verizon shall reimburse the City directly for any and all costs after receiving an invoice documenting said costs and expenses within thirty (30) days after receipt of an invoice from the City. The time of City employees shall be charged at their respective rate of salary, including overtime if applicable, plus benefits and overhead. Any other costs will be billed proportionately on an actual cost basis. All billings will be itemized so as to specifically identify the costs and expenses for each project for which the City claims reimbursement. The billing may be on an annual basis or sooner, but the City shall provide Verizon with the City's itemization of costs for information purposes. Section 12. Provision of Conduit to the City. 12.1 The City may request that Verizon provide the City with a single two (2) inch conduit, and related structures necessary to access the conduit pursuant to RCW 35.99.070 in one or more of the locations where Verizon constructs, installs or relocates Telecommunications Facilities underground. Verizon shall install a locator wire and cap off all conduit ends. Conduit ends shall be marked on the as-built plans and maps required in Section 5. 12.2 Except in emergency situations, Verizon shall provide the Director with at least thirty (30) days' advance written notice of any construction, relocation, or placement of ducts or conduits in the Rights-of-Way and provide the City an opportunity to request that Verizon provide the City with additional duct or conduit, and related structures necessary to access the conduit consistent with the LIMITED LICENSE -Test Project (City of Kent and Verizon Wireless) Page 8 of 15 provisions of Section 12.1. This notification shall be in addition to the requirement to apply for and obtain permits pursuant to Section 6.3. Section 13. Indemnification. Verizon hereby agrees to indemnify, defend and hold harmless the City from and against any and all claims, costs, judgments, awards or liability to any person arising from injury, sickness or death of any person or damage to property arising out of Verizon's exercise of rights under this License, or Verizon's negligence or willful misconduct. Verizon's indemnification obligations shall include actions brought by Verizon's own employees even though Verizon might be immune under Title 51 RCW from direct suit brought by its employees. The obligations of Verizon under this Section have been mutually negotiated by the parties hereto. To the extent required to provide this indemnification and this indemnification only, Verizon waives its immunity under Title 51 RCW as provided in RCW 4,24.115. Section 14. Insurance. Verizon shall procure and maintain for so long as Verizon has Telecommunications Facilities in the City's Rights-of-Way, insurance against claims for injuries to persons or damages to property which may arise from the exercise of rights, privileges and authority granted to Verizon hereunder. Verizon shall procure insurance from insurers with a current A.M. Best rating of not less than A-. Verizon shall provide a certificate of insurance to the City, and such insurance certificate shall evidence a policy of insurance that includes: (a) Commercial Automobile Liability insurance with limits of $5,000,000 combined single limit each accident for bodily injury and property damage, covering all owned, non-owned and hired vehicles; (b) Commercial General Liability insurance, written on an occurrence basis with limits of $5,000,000 combined single limit per occurrence for bodily injury and property damage and $5,000,000 general aggregate including, but not be limited to: blanket contractual liability; premises-operations; independent contractors; stop gap liability; personal and advertising injury; products and completed operations and explosion, collapse and underground (XCU); (c) Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. No deductible is presently required for this insurance and Employer's Liability with a limit of $1,000,000 each accident/disease/policy limit; and (d) Excess/Umbrella liability policy with limits of $1,000,000 per occurrence and in the aggregate. 14.2 The City, its officers, officials, employees, and volunteers shall be included as an additional insured as their interest may appear under this License LIMITED LICENSE -Test Project (City of Kent and Verizon Wireless) Page 9 of 15 on the commercial general liability and automobile insurance policies. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds. In addition, the insurance policy shall contain a clause stating that coverage shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the coverage limits required under this License. Verizon's insurance shall be primary insurance with respect to the Additional Insureds. Section 15. Bonding. Verizon shall furnish a performance bond written by a corporate surety acceptable to the City equal to 150% of the estimated cost of constructing Verizon's Telecommunications Facilities within the Rights-of-- Way prior to commencement of any such work. Section 16. Remedies to Enforce Compliance. If Verizon violates or fails to comply with any of the provisions of this License, the City shall provide Verizon with written notice specifying the nature of any such breach and Verizon shall undertake commercially reasonable efforts to cure such breach within thirty (30) days of receipt of notification. If the City determines the breach cannot be cured within thirty (30) days, the City may specify a longer cure period. If the breach is not cured within the specified time, the City may pursue any available remedy at law or in equity. Section 17. Severability. If any portion of this License should be held invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of any other portion of this License unless such invalidity or unconstitutionality materially alters the rights, privileges, duties, or obligations, in which event either party may request renegotiation of those remaining terms of this License materially affected by such court's ruling. Section 18. Assignment. This License may not be directly or indirectly assigned, transferred, or disposed of by sale, lease, merger, consolidation or other act of Verizon, by operation of law or otherwise, unless approved in writing prior to such assignment by the City, which approval shall not be unreasonably withheld, conditioned or delayed. The above notwithstanding, Verizon may freely assign this License in whole or in part to a parent, subsidiary, or affiliated entity. Section 19. Notice. Any notice or information required or permitted to be given to the parties under this License may be sent to the following addresses unless otherwise specified: LIMITED LICENSE-Test Project (City of Kent and Verizon Wireless) Page 10 Of 15 City: Verizon: City of Kent MCImetro Access Transmission Services Office of the Mayor Corp. 220 Fourth Ave. S d/b/a/ Verizon Access Transmission Kent, WA 98032 Services 600 Hidden Ridge Mailcode: HQE02G295 Irving, TX 75038 Attn: Franchise Manager With a required copy to: With a required copy (except for invoices) to: Verizon Business Services 1320 N. Courthouse Road, Suite 900 Arlington, VA 22201 Attn: Vice President & Deputy General Counsel, Network & Technology Section 20. Entire Agreement. This License constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution of this License. Section 21. Attorneys' Fees. If a suit or other action is instituted in connection with any controversy arising out of this License, the parties shall pay their own costs and expenses, including such sum as the Court may judge as reasonable for attorneys' fees, costs, expenses and attorneys' fees upon appeal of any judgment or ruling. Section 22. Miscellaneous. This License shall be construed in accordance with the laws of the State of Washington. Venue for any action shall be in Superior Court of King County, Washington or federal court of the Western District of Washington. This License may be executed in duplicate counterparts, each of which shall be deemed an original. Section 23. 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. Section 24. Effective Date. This License shall take effect upon the last date signed below ("Effective Date"). Section 25. Replacement by Franchise Agreement. On the date Verizon's Franchise becomes in full force and effect, this Agreement shall automatically terminate and be superseded in all respects by such Franchise, and Verizon's Telecommunications Facilities and the operations of such Telecommunications Facilities in the Rights-of-Way shall be governed by and subject to the terms and conditions of such Franchise. LIMITED LICENSE-Test Project (City of Kent and Verizon Wireless) Page 11 of 15 CITY OF KENT MCIMETRO ACCESS TRANSMISSION SERVICES CORP. D/B/A VERIZON ACCESS TRANSMISSION SERVICES By: Prin Na LS ette.Cooke ......._...__.. Print Name Title: Mayor Title: Date: — ' Data: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By: t LIMITED LICENSE-Test.Project (City of Kent and Verizon Wireiess) Page 12 of 15 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, oii 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 sea[ the day and year first above written. (J V TA'PA. 4P %;,,, NOTARY PUBLIC, in and foi-theState of Washington, residing at &a %C' iF z My appointment expires 7�:l gr 1> 0 LIMITED LICENSE-Test Project (City of Kent and Verizon Wireless) Page 13 of 15 :a ACKNOWLEDGEMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sacramento } On_ i ,. 2 . 11 Before me, u (insert name an title of the officer) personally appeared ZrCLia 1f-�r\ ToC- 1' e- who proved to me on the basis of satisfactory evidence to be the person( whose names} is/are- subscribed to the within instrument and acknowledged to me that he/sue executed the same in his/lwathgk authorized capacity(ies}., and that by his4iGg"-signature(}on the instrument the person(, or the entity upon behalf of which person(a)-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESs my hand and official seal. Signature P" _ (Seal) 93 LYFOUNGOOMY Coma.# 2196898 NNOTARYPUPUBLICSACENTO COUNTRNIA COMM.EXP.MAY 13,2021 LIMITED LICENSE-Test Project (City of Kent and Verizon Wireless) Page 14 of 15 EXHIBIT A License Area The License Area where Verizon may place its Telecommunications Facilities is set forth in Permit Applications: 2171530 and 2171531. LIMITED LICENSE-Test Project (City of Kent and Verizon Wireless) Page t5 of IS DATE(MM/DDIYYYY) ,4�oRo CERTIFICATE OF LIABILITY INSURANCE 06107/2017 THIS 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(ios)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this w certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT '113 Aon Risk Services Northeast, Inc. PHONE FAX New York NY Office INC,No. Ext): (666) 263-7122 (A/C.No.): (800) 363-0105 '0O 199 water Street E-MAIL New York NY 10038-3S51 USA ADDRESS: _ INSURER(S)AFFORDING COVERAGE NAIC 0 INSURED INSURERA: National union Fire Ins Co of Pittsburgh 19445 MCImetro Access Transmission INSURERS: New Hampshire Ins Co 23841 Services Corp. 1095 Avenue of the Americas INSURERC: Illinois National Insurance Co 23817 New York NY 10036 USA INSURERD: Lloyds Syndicate No. 33 AA1126033 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570066721565 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. Limits shown are as requested INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD/YYYY MMID LIMITS A X COMMERCIAL GENERAL LIABILITY GL EACH OCCURRENCE $5,000,000 CLAIMS-MADE FXJ OCCUR PREMISES Ea occurrence) $5,000,000 X GL Includes X,C.0 MED EXP(Any one person) S10,000 PERSONAL B ADV INJURY $5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERALAGGREGATE $5,060,000 N X POLICY ❑PRO- JECT LOC PRODUCTS-COMP/OPAGG $5,000,000 0 OTHER. 0 A CA 774-21-38 06/30/2016 06/30/2017 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY S5 Q00 000 A05 Ea accident C A x ANvnurp CA 774-21-39 06/30/2016 06/30/2017 BODILY INJURY(Per person) Z OWNED SCHEDULED MA BODILY INJURY(Per accident) N A AUTOS AUTOS ONLY CA 774-21-40 06/30/2016 06/30/2017 PROPERTY DAMAGE v HIRED AUTOSOWNED ONLY AUTOSAUTOS ONLY VA Per accident y- 1: 01 D X UMBRELLALIAB % OCCUR WE1600438 06/30/2016 06/30/2017 EACH OCCURRENCE S1,000,000 L) EXCESS LIAR CLAIMS-MADE AGGREGATE $1,000,000 DEC)I X RETENTION$1.0,000 B WORKERS COMPENSATION AND wc02O681870 06/30/2016 06/30/2017 X PER STATUTE OTH- EMPLOYERS'LIABILITY YIN A05 ER ANY PROPRIETOR/PARTNER�EXECUTIVE E.L.EACHACCIDENT S1,000,000 B OFFtCEP/MEMSEREXCLUDED' rgN/A wc02O681871 06/30/2016 06/30/2017 (Mandatory in NH) MN E.L.DISEASE-EA EMPLOYEE S1,000.000 It yes,describe under DESCRIPTION OF OPERATIONS below E L.DISEASE-POLICY LIMIT $1,000,000- iiiiil■ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space is required) The City of Kent, its officers, employees and volunteers included as an Additional Insured with respect to the General L-A Liability policy. The General Liability and Automobile Liability policies shall apply as Primary Insurance to each Additional Insured listed herein. =4P- a t: a1 ti CERTIFICATE HOLDER CANCELLATION W SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Kent AUTHORIZED REPRESENTATIVET Office of the Mayor 220 Fourth Ave. S �}- Kent wA 98032 USA ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000027366 LOC#: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY NAMED INSURED Aon Risk Services Northeast, Inc. MCImetro Access Transmission POLICY NUMBER See Certificate Number: 570066721565 CARRIER I NAIC CODE see Certificate Number: 570066721565 EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S)AFFORDING COVERAGE NAIC# INSURER INSI.iRER INSURER INSURER ADDITIONAL POLICIES II'a puliC)'below does not include limit inforniation. refer to the corresponding police on the ACORD certilicate Iimn for police limits. POI.[('} POLICY INSR :\DDI. SUBR POI.10.NUMBER EFFF.('TIV E: F.XPIRXFION LIN11'1'S L'I'li '['}'PE OFIVSI�RANCF: ISSD H'VD DATE D:\'I'F: WORKERS COMPENSATION A N/A wcO20681872 06/30/2016 06/30/2017 CA C N/A wc02O681873 06/30/2016 06/30/2017 FL B N/A wc020681874 06/30/2016 06/30/2017 ME B N/A wc02O68187S 06/30/2016 06/30/2017 NJ,NY,TX,VA B N/A wc02O681876 06/30/2016 06/30/2017 MA,ND,OH,WA,WI,WY ACORD 101(2008101) ©2008 ACORD CORPORATION:All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GL 379-66-51 COMMERCIAL GENERAL LIABILITY CG20120413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: ANY STATE, GOVERNMENTAL OR POLITICAL AGENCY OR SUBDIVISION THAT GRANTS YOU A PERMIT TO PERFORM WORK OR CONDUCT AN ACTIVITY AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to 2. This insurance does not apply to: include as an additional insured any state or a. "Bodily injury", "property damage" or governmental agency or subdivision or political "personal and advertising injury" arising out subdivision shown in the Schedule, subject to the of operations performed for the federal following provisions: government, state or municipality; or 1. This insurance applies only with respect to b. 'Bodily injury" or "property damage" operations performed by you or on your behalf included within the "products-completed for which the state or governmental agency or operations hazard". subdivision or political subdivision has issued a permit or authorization. B. With respect to the insurance afforded to these additional insureds, the following is added to However: Section III—Limits Of Insurance: a. The insurance afforded to such additional If coverage provided to the additional insured is insured only applies to the extent permitted required by a contract or agreement, the most we by law; and will pay on behalf of the additional insured is the b. If coverage provided to the additional amount of insurance: insured is required by a contract or 1. Required by the contract or agreement; or agreement, the insurance afforded to such additional insured will not be broader than 2• Available under the applicable Limits of that which you are required by the contract Insurance shown in the Declarations; or agreement to provide for such additional whichever is less. insured. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 2012 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 1 41001� REQUEST �FOR K"OR'S SIGNATURE Pdnt on aierr Colo red P aper FAT KK E 10 Routing Information- (ALL REQUESTS MUST FIRST BE ROUTED THROUGH 'THE LAW DEPARTMENT) Approved b,y Director_ Originator: Cheryl Rolci:k-Wilcox/Christina Schuck Phone (Originator): x5771/x578,8 Date Sent: 6/15/17 Date Required: 6/16/17 Return Signed Document to: Cheryl Rolcik-Wilcox Contract Termination Date:6/16/18 VENDOR NAME: MCIrnetro Access Transmission Services Date Finance Notified:n/a Corp. dba Verizon Access Transmission Services (Only required on contracts $20,000 and over or on any Grant) DATE OF COUNCIL APPROVAL: n/a Date Risk Manager Notified: 2/7/17 (Required on Non-City Standard Contracts/Agreements) Has this Document been Specifically Account Number: n/a Authorized in the Bud get? YES x NO Brief Explanation of Document: Temporary License with MCIme,tro Access Transmission Services to install fiber for telecommunications facili'ties within, the License Area on a temporary and trial basis for the Verizon Wireless 5G fixed wireless test project. This license supplements the license between the City and Verizon Wireless signed in February, 2017. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.: Law Dept. Comments: [Date Forwarded to lAa or: Shaded Areas To Be Completed By Administration Staff t Received, Recommendations and Comments: J LJ '5 2 017 City of Kent Disposition: y iclle of the Maor Date Returned: Mt Rqorl$,qnatura docx