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HomeMy WebLinkAboutPW13-144 - Original - Sprint Communications Company, L.P. - Limited Street License Agreement - 06/14/2013 Records Mac�agem en KENO W A9HINGTON All Document ' h 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: Sprint Communications Company, L.P. Vendor Number: JD Edwards Number Contract Number: Pw 13_1 �f This is assigned by City Clerk's Office Project Name: Sprint's Limited Street License Agreement Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ® Other: Agreement Contract Effective Date: June 2013 Termination Date: n/a Contract Renewal Notice (Days): 60 calendar days Number of days required notice for termination or renewal or amendment Contract Manager: Mark Howlett Department: Public Works Design Detail: (i.e. address, location, parcel number, tax id, etc.): Limited Street Use License Agreement with Sprint Co. L.P. for 6 sites: 1.) S 212th St 2.) S. 228 St 3.) W James St. 4.) W Smith St. 5.) W Meeker St 6.) W Willis St. CQ3 S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 LIMITED STREET LICENSE BETWEEN THE CITY OF KENT AND SPRINT COMMUNICATIONS COMPANY, L.P. PARTIES THIS LIMITED STREET LICENSE ("License") is between the CITY OF KENT, a Washington Municipal Corporation ("City"), and SPRINT COMMUNICATIONS COMPANY, L.P., a Delaware limited partnership ("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, 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 described in Exhibit A ("Property"). A general description of the plans and specifications for 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, within thirty (30) days of full execution of this License, pay to the City a one-time payment in the amount of Ten Thousand Six Hundred and Nine and No/100 Dollars ($10,609.00). 3. 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 LIMITED STREET LICENSE--Page 1 of 11 (between City of Kent and Sprint Communications Company, L.P.) Alb 4A6e issuance of the License, with the exception that any conduit shall remain. Such restoration obligation shall survive the expiration of this License. 4. Revocation and Termination. 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 termination or revocation by the City, the City shall provide Licensee with at least sixty (60) calendar days' written notice of termination or revocation. Within thirty (30) calendar days of the effective date of the City's termination or revocation, Licensee is required to remove all Improvements except conduit and restore the Property pursuant to Section 3. If Licensee fails to remove the Improvements within the allotted time, the City may, upon ten (10) days prior written notice to Licensee, 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. S. 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 5 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. 6. 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 record 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 vertical datum NAVD88 and NAD83/91. Licensee warrants the accuracy of all record drawings and maps provided to the City. Licensee shall provide the City with updated record drawings and maps upon request. 7. 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 LIMITED STREET LICENSE--Page 2 of 11 (between City of Kent and Sprint Communications Company, L.P.) 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 the necessary permits from the City, have the right to temporarily locate facilities in the portion of right-of-way authorized by the City for the duration of the relocation process. 7.1 For the purposes of this Section 7, 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. 7.2 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. 7.3 Licensee may, after receipt of the City's written notice requesting relocation, submit written alternatives to the City at least thirty (30) 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 ultimately determines, at its sole discretion, that no reasonable or feasible alternative exists, Licensee shall relocate its facilities as otherwise provided in this Section 7. 7.4 Notwithstanding the above provisions in this Section 7, the Licensee may seek reimbursement from the City for its actual relocation expenses under either of the following conditions: LIMITED STREET LICENSE--Page 3 of 11 (between City of Kent and Sprint Communications Company, L.P.) 7.4.1 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 7.4.2 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; or 7.5 In the event that a relocation of any of the Improvements 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 7, 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. 7.6 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. 7.7 The provisions of this Section 7 shall survive the expiration or termination of this License. 7.8 Licensee shall not be responsible for any costs associated with relocation of the City's four inch (4") conduit facilities. 7.9 Licensee shall not erect poles or run or suspend wires, cables, or other facilities in any area without written approval from the City. 8. 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 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. 9. Indemnification. Licensee shall comply with the following indemnification requirements; LIMITED STREET LICENSE--Page 4 of 11 (between City of Kent and Sprint Communications Company, L.P.) 9.1 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 negligence or willful misconduct of the City, its employees, agents, contractors, or invitees. 9.2 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. 9.3 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 9 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. 9.4 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 9 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 9 indemnification clause. 9.5 The provisions of this Section 9 shall survive the expiration or termination of this License. 10. 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 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. 10.1 Before beginning work on the project described in this License, Licensee shall provide a Certificate of Insurance evidencing: LIMITED STREET LICENSE--Page 5 of 11 (between City of Kent and Sprint Communications Company, L.P.) 10.1.1 Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 10.1.2 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. 10.1.3 Excess Liability insurance with limits not less than $2,000,000 per occurrence and aggregate. 10.2 Any payment of deductible or self-insured retention shall be the sole responsibility of Licensee. 10.3 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. 10.4 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. 10.5 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 except ten (10) days, if cancelled for non-payment of premium. 11. Modification. This License may not be modified, altered, or amended unless first approved in writing by the City. 12. Assignment. Licensee shall not assign all or any portion of its rights, 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 LIMITED STREET LICENSE--Page 6 of 11 (between City of Kent and Sprint Communications Company, L.P.) 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 within a reasonable period of time following such assignment or mortgage, 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. 13. Compliance with Laws. Licensee shall comply with all federal, state, and municipal laws, rules, and regulations that are applicable to this license. 14. 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 9. 15. 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 Sprint Communications Company L.P. Attn: City Clerk KSOPHT0101-Z2040 220 Fourth Avenue South 6391 Sprint Parkway Kent, WA 98032 Overland Park, Kansas 66251-2040 Attn: Manager, Right of Way With a copy of Notices of Default to: Sprint Legal Department KSOPHT0101-Z2020 6391 Sprint Parkway Overland Park, Kansas 66251-2020 Attn: Real Estate Attorney 16. 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 Sprint Communications Company, L.P.) 17. 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). 18. 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 SPRINT COMMUNICATIONS COMPANY, L.P.By: efr'z �><� Pr N UZETTE COOKE By: It r Print Name:Bill Mc,tKwr Date: 6 /V i Its: 12tA.1 ESQ- Mknna_t,r AIL Date: 5f 21f W13 P TtvjFFdem0pen Files10421-TelwmROW AcweLmenscsSpnm6Spnm License 2013 FINAL docx LIMITED STREET LICENSE--Page 8 of 11 (between City of Kent and Sprint Communications Company, L.P.) 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 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. �i *� Lee 14 NOTARY PUBLIC, in and for the State +re0a _ of Washington, residing at ? My appointment expires 7/� WASN'a LIMITED STREET LICENSE--Page 9 of 11 (between Ctty of Kent and Sprint Communications Company, L.P.) Kwsa S STATE OF ) J_hV) : ss. COUNTY OF „� ) I hereby certify that I know or have satisfactory evidence that M •21- 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 ofSpriw4dmwxtnf Y. rA.. S its q6a(t&&4Prrb --aL and such execution to be the frond 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. 1 NOTARY PUBLIC-SM � A� J4 T PUBLIC, in and for the StateMy esiding at-43iNOiv�,j'.a T My appointment expires LIMITED STREET LICENSE--Page 10 of 11 (between City of Kent and Sprint Communications Company, L.P.) EXHIBIT A The following is a list of street crossings, located within the Kent city limits, which Sprint Communications will cross in renewing their telecommunications Limited Street License. The streets listed below run from North to South. 1. South 212th Street 2. South 228th Street 3. West James Street 4. West Smith Street 5. West Meeker Street 6. West Willis Street LIMITED STREET LICENSE--Page 11 of 11 (between City of Kent and Sprint Communications Company, L.P.) EXHIBIT B. mm 4 8aiw SEE 881-046SH 02 OF 025TA61+512 TO SEATTLE G »4p x•61] suAVEr Iw uJM o 6iK00 6N164NCRORITPMIERf �E 1 Y � 1 H I 1 �P I tt fa p � Nkb GMI(RwAO.06➢6 6.e5Ja GUY 6.WCNONLT 1 • i 64.da6 JNOIORLT 1 1 61NEB PLIAYHVf 1'Ai 6fNM BIIWFO PVlF 61G MiE 1PRT 61.➢PJ 3WLL0 h]E _ __ BINI] WSUNE 86Ig1115T->�_cvo- --_ REMON CRTLLR9 c 31.E17 wAiat (EWE]PD STIR— -- -- HFM GIY IRNT] 61 61y]! 5lW QME .E]] O/L SW451LL15T OIIY Won OI HMI GAS UNf UP d�a . m�sy 63WN GMRR wb1iN1 i ;a ///_��� @ P Zm p U T � BE.d69 El✓DJDM[BORl6EGJDkRT11EMGN Wn WODMINn,GMM WI0106E9 � � Aa' TIQ � 1 f I J SPLS 63+6➢6 ENAYNWE,gL TYPE F25Pl.GW]xwAp1A6LL I 4 Sd W 6➢➢6M.RC]IL SP g l=5E0 UNK 62C0! 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Kent, WA 98032-5895 Date: February 27, 2013 To: Chair Elizabeth Albertson and Public Works Committee Members PW Committee Meeting Date: March 4, 2013 From: Chad Bieren, P.E., City Engineer Subject: Limited Use Agreement with Sprint Communications Company Item - 4 Motion: Move to recommend Council authorize the Mayor to sign the Limited Use Agreement with Sprint Communications Company, L.P. subject to final terms and conditions acceptable to the City Attorney and Public Works Director. Summary: Sprint Communications is a private telecommunications company whose service area includes the city of Kent. Sprint has requested that the city grant a permit to use right-of-way to operate its telecommunications its system. In accordance with state law, cities may require telecommunications companies to obtain a use permit to operate within the city. The Limited Street License constitutes a use permit and grants Sprint the right to operate within Kent's right-of-way, for five years. This action is the renewal of the previous license with some amended provisions. A one-time fee of $10,000 will be assessed to cover the cost of administering the license. If Sprint needs to work on its facilities within the right-of-way, they will be required to apply for permits and pay fees accordingly. Budget Impact: The $10,000 fee will be used to offset the costs to administer this agreement. KENT Agenda Item: Consent Calendar — 73 TO: City Council DATE: March 19, 2013 SUBJECT: Limited Use Agreement with Sprint Communications Company — Authorize MOTION: Authorize the Mayor to sign the limited use agreement with Sprint Communications Company, L P., subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: Sprint Communications is a private telecommunications company whose service area includes the city of Kent. Sprint has requested that the city grant a permit to use right-of-way to operate its telecommunications system. In accordance with state law, cities may require telecommunications companies to obtain a use permit to operate within the city. The Limited Street License constitutes a use permit and grants Sprint the right to operate within Kent's right-of-way for five years. This action is the renewal of the previous license with some amended provisions. A one-time fee of $10,000 will be assessed to cover the cost of administering the license. If Sprint needs to work on its facilities within the right-of- way, they will be required to apply for permits and pay fees accordingly. EXHIBITS: Limited Street License RECOMMENDED BY: Public Works Committee BUDGET IMPACTS: The $10,000 fee will be used to offset the costs to administer this agreement. REQUEST FOR MAYOR'S SIGNATURE 1 KENT Please Fill in All Applicable Boxes R 7 )EjAved by Director Originator's Name: Cheryl Viseth Dept/Div. PW En xtension: 5504 Date Sent: June 3, 2013 Date Required: June 14, 2013 Return to: Cheryl Viseth CONTRACT TERMINATION DATE: N/A VENDOR: Sprint Communications Co., L.P. DATE OF COUNCIL APPROVAL: 3- Iq-Z,, i 3 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: Limited Street License between the City of Kent and Sprint Communications Company, L.P. The request is for permission to use City right-of-way to operate its telecommunications system within the City, Sprint will pay the Public Works Department a one-time fee of $10,609.00. Street crossings located within the Kent - the streets listed run North to South: 1) South 212th Street 2) South 288th Street 3) West James Street 4) West Smith Street 5) West Meeker Street 5) West Willis Street All Contracts Must Be Routed Through The Law Department RECEIVEarea to be completed by the Law Department) Received: JUN 5 2013 Approval of LawENT De t.:LAW DEPT. RECEIVED K �-� . Law Dept. Comments: , c a� 1 JUN 13 2013 Date Forwarded to Mayor: Office Of the Mayor Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: Disposition: Date Returned: