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HomeMy WebLinkAboutPW09-087 - Original - Electric Lightwave, LLC - Limited Street License - 06/02/2009')'\ ) ecords M em KENT Documen 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 hane questions, please contact city clerk's office' Vendor Name: Electri c Liqhtwave Vendor Number: JD Edwards Number Contract Numberl PWo9-087 This is assigned by City Clerk's Office Project Name:Limited Stre et License Description: I Interlocal Agreement n Change Order E Amendment E Contract x Other: Limited Street License Contract Effective Date: 612/2009 Term ination Dater 6/L|ZOI Contract Renewal Notice (Days): 5 vrs Number of days required notlce for termination or renewal or amendment Contract Manager : L Blanchard Depa rtment: Public Works Detail: (i,e. address, location, parcel number, tax id, etc.)l cM s/sl2oo9 Install constru o erate maintain remove tr reconstruct lace use andre inspect a telecommun ications system and all ocate equiPment across, a ong, in, upon, and under the City 's riqht of ways S:Publlc\RecordsManagement\Forms\Contractcover\adcc7832 | tLl08 LIMITED STREET LICENSE BETWEEN THE CITY OF KENT AND ELECTRTC LTGHTWAVE, LLC. THIS LIMITED STREET LICENSE ("License") is entered into between the CITY OF KENT, a Washington Municipal Corporation ("City"), and ELECTRIC LIGHTWAVE, LLC, a Delaware corporation ("Licensee"). RECITALS WHEREAS, Licensee's predecessor, in interest, Electric Lightwave, Inc., operated under a franchise agreement previously entered into with the City on December 4, LggL, per City oiKent Ordinance No. 3040. Ordinance 3040 expired on May 4,20Q2i and WHEREAS, Licensee seeks to maintain its predecessor's telecommunications system in the City of Kent; and WHEREAS, Licensee has requested that the City grant a permit to use City right-of-way to maintain its telecommunications system within the City; and WHEREAS, the City has agreed to issue this license, which constitutes a use permit under Chapter 35.99 Revised Code of Washington, for a telecommunications system, as described in Exhibit A; and WHEREAS, the City is willing to enter into this License under the terms and conditions set forth in this License so that Licensee can continue to operate, and maintain its existing facilities; NOW, THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS: LICENSE 1. License Granted. The City grants Licensee this Limited Street License for a period of five (5) years from the effective date of this License to inStall, ConStruCt, operate, maintain, remOVe' repair, recOnStrUCt, replace, uSe and inspect a telecommunications system and all related equipment ("T'elecommunications System") across, along, in, upon, and under the City's right- of-*uyr described in ixhibit A, which is attached and incorporated by this reference. A general description of the plans and specifications for this Telecommunications System is attached as Exhibit B, public disclosure of which is subject to applicable provisions of the Revised Code of Washington. This License is subject to all the terms and conditions established below. LIMITED STREET LICENSE--Page 1 of 9 (between City and Electric Lightwave, LLC) (April 14, 2009) Z. Consideration, In consideration of the City's issuance of this License, Licensee shall, at the time of execution of this License, pay to the City a one-time amount in the sum of SEVEN THOUSAND, FIVE HUNDRED AND NO/100 DOLLARS ($7500.00) prior to the commencement of this License. This amount captures the urr"urugu associated with the expiration of Electric Lightwave's franchise in January, 2002. 3. Revocation and Termination. The intent of this License is to authorize Licensee to operate its Telecommunications System on the designated City right-of-ways, which right-of-ways constitute a valuable property interest owned -by the City. This License does not grant an estate in the land described in Exhibit A; it is not an easement; it is not a franchise; it is not exclusive; and, it does not exclude the City from full possession of the property described in Exhibit A, As a license upon real property, it is revocable in accordance with the terms herein. However, prior to termination or revocation by the City, the City shall provide Licensee with at least one hundred eighty (180) calendar days written notice of that termination or revocation. Upon the effective date of the City's termination or revocation, the City may require Licensee to remove the Telecommunications System within one hundred eighty (180) calendar days; if Licensee fails to remove the Telecommunications System within the allotted time, the City may remove all or part of the Telecommunications System and Licensee waives'any iignt it may have to any claim for damages of any kind incurred as a result of the Clty's removal of all or part of the Telecommunications System. 4. permits Required. The City's grant of this License does not release Licensee from any of its obligations to o'btain applicable local, state, and federal permits nec"ssaiy to instail, construct, operate, maintain, remove' repair, reconstruct, replaie, use and inspect the Telecommunications System' Licensee's failure to comply with this Section 4 shall constitute grounds for immediate revocation by the CitY' 5. Relocation, The term "relocate" shall refer to protecting, supporting, temporarily disconnecting, moving to a new location, removing, or converting from aerial facilities to undeiground lacilities. Licensee shall, at its sole cost and expense, relocate all or a part of its Telecommunications System when required by the City for reasons of traific conditions or public safety, widening or improvement of exiiting right-of-ways, change or establishment of street grade, or the construction of any pubiic improvement or structure by any governmental agency acting in a governmental capacity, provided that Licensee shall, upon receiving apprdval and- obtaining the necessary permits from the City, have the right to nypass in the authorized portion of the same right-of-way, any section of cable required to be temporarily disconnected or removed' LIMITED STREET LICENSE--Page2 of 9 (between City and Electric Lightwave, LLC) (April 14, 2009) 5.1, For the purposes of this Section 5, any condition or requirement imposed by the city upon itself or any person or entity acting on the city's behalf, (including without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals for permits for zoning, land use, construction, or development) that reasonably necessitates the reiocation of Licensee's facilities within the right-of-ways described in Exhibit A shall be a required relocation for purposes of this section' S.Z. If the City, under its authority, causes a required relocation of all or part of the TeleCommunications System, the City, at least sixty (60) calendar days prior to the commencement of the project requiring relocation, shall provide written notice to Licensee of the required relocation and shall provide Licensee with copies of pertinent portions of the plans and specifications for the project, After receipt of the c_ity's notice, Licensee must complete the required ielocation of its affected facilities at least ten (10) calendar days prior to the commencement of the project requiring relocation' Licensee wili 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 will attempt to coordinate the relocation of the utilities' 5.3. Licensee ffidY, after receipt of the City's written notice requesting relocation, submit written alternatives to the City. The City will evaluate those alternatives to determine if any of the alternatives can accommodate the work that would otherwise necessitate the relocation of the Telecommunications System. If requested by the City, Licensee will submit additional information to assist the City in making its determination' The city will give each alternative proposed by Licensee full and fair consideration, In the event the City ultimately determines that no reasonable or feasible alternative exists, Licensee shall relocate its facilities as otherwise provided in this Section 5. 5.4. Notwithstanding the above provisions in this Section 5, the Licensee may seek reimbuisement from the City for its actual relocation expenses under any one of the following conditions: 5.4.L. If the City has required the Licensee to relocate these facilities at Licensee's cost within five (5) years of the date of a request for relocation; 5.4.2. If the Licensee holds an ownership interest of the aerial supporting structures (defined as pole or pole-like structures) for its facilities, anO if the City requires an aerial to underground LIMITED STREET LICENSE--Page 3 of 9 (between City and Electric Lightwave, LLC) (April 14, 2009) relocation to Licensee's facilities, the City will pay the additional incremental costs of undergrounding these facilities compared to an aerial relocation of the facilities, or will pay those costs required in any approved tariff, if less than the additional incremental costs; or 5,4.3, If the city requests relocation solely for aesthetic purposes, 5.5, In the event that a relocation of any of the Telecommunications System is required by any person or entity other than the City, so long as that person or entity'is not acting on the City's behalf in conducting any of the activities desciibed in this Section 5, Licensee shall make those arrangements, including compensation for Licensee's relocation cost, that it deems appropriate with that person or entity. 5.6. Notwithstanding all of the above, the City may require the relocation of the telecommunications system at Licensee's expense in the event of an unforeseen emergency that creates an immediate threat to the public safety, health or welfare, but still subject to reimbursement under 5.4. 5.7. The provisions of this Section 5 shall survive the expiration or termination of this License' 5.g. Licensee shall not be responsible for any costs associated with relocation of the city's four inch (4") conduit Facilities. 5.9. Licensee shall not erect poles, run or suspend wires, cables, or other facilities, in any area without prior written approval from the City. 6, Emergency. In the event of any emergency in which any portion of the TelecommunicJtions System breaks, becomes damaged, or in any other way becomes an immediate danger to the property, life, health, or safety of any individual, Licensee shall immediately take the proper emergency measures to remedy the dangerous condition without first applying for and obtaining a permit as required by this License. However, this emergency work shall not relieve Licensee from its obligation to obtain all permits necessary for this purpose, and Licensee shall apply fol those permits within the next two succeeding business days' 7. Indemnification. Licensee shall comply with the following indemnification requirements : 7.L. Licensee shall defend, indemnify and hold the City, its officers, officials, employees, agents, assigns and volunteers harmless from any and all claims, actions, injuiies, damages, losses or suits, including all legal costs, LIMITED STREET LICENSE--Page 4 of 9 (between City and Electric Lightwave, LLC) (April 14, 2009) 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 Licenre, but only to the extent of the negligence or comparative fault of Licensee, its employees, agents, contractors, subcontractors, consultants, subconsultants or assigns. In the event that a third party claim arises in whole or in part due to delays in relocation of Licensee's facilities and such claim is suOiect to binding arbitration, Licensee shall submit to the jurisdiction of the arbitrator and the provisions of this section 7.L shall otherwise aPPlY, 7.2. The City's inspection or acceptance of any of Licensee's work when completed shall not be grounds to avoid any of these covenants of indem nification, 7.g. These indemnification obligations shall extend to any claim, action or suit that may be settled by compromise, provided that Licensee shall not be liable to indemnify the City for any settlement agreed upon without the consent of Licensee; however, if Licensee consents to the agreed upon settlement, then Licensee shall indemnify and hold the City harmless as provided for in this Section 7 by reason of that settlement. Moreover, if Li.ensee refuses to defend the City against claims by third parties, Licensee shall indemnify the City regardless of whether the settlement was made with or without Licensee's consent. 1.4. 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 7 and if Licensee's refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decid" !!" matter) to have been a wrongful refusal, then Licensee shall pay all the City's costs for defense of the a.i-ion, including all legal costs, witness fees and attorneys' fees and also including the Cityis costs, including all legal costs, witness fees and attorneys' fees, fbr recovery under this indemnification clause (Section 7). 7.5. The provisions of this Section 7 shall survive the expiration or termination of this Agreement. g. Insurance, Licensee shall procure and maintain for the duration of this License, insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by Licensee, its agents, representatives, empioyees, contractors, subcontractors, consultants, subconsultants or assigns. LIMITED STREET LICENSE--Page 5 of 9 (between City and Etectric Lightwave, LLC) (April 14, 2009) 8.1. Before beginning work on the project described in this License, Licensee shall provide a certificate of Insurance evidencing: 8.1.1, Automobile Liabilitv insurance with limits no less than g1,000,000 combined single limit per accident for bodily injury and proPertY damage; and 8.1.2. Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and general aggregate for personal injury, OoOty injury and property damage. Coverage shall include but not be limited tb: -blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and emPloYer's liabilitY. 8.1.3, Excess Liabilitv insurance with limits not less than $2,000,000 per occurrence and aggregate' A,2. Any payment of deductible or self-insured retention shall be the sole responsibilitY of Licensee' 8.3. The City, its officers, officials, employees, agents, assigns and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Licensee and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance' 8.4. Licensee's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 8.5. Licensee's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail of any cancellation or material change in coverage' 9. Modification. This License may not be modified, altered, or amended unless first approved in writing by the city and the Licensee. 10. Assignment. Licensee may assign all or any portion of its rights, benefits, and privileges, in and under this License subject to and conditioned upon upprouui of the City, which approval will not be unreasonably withheld or delayed. Licensee shall, no 'later than thirty (30) days of the date of any proposed assignment, file written notice of intent to assign the License with the City together with the assignee's written acceptance of all terms and conditions of the License LIMITED STREET LICENSE--Page 6 of 9 (between City and Electric Lightwave, LLC) (April 14, 2009) and promise of compliance. Notwithstanding the foregoing, Licensee shall have the right, without such notice or such written acceptance, to mortgage its rights, blnefits, and privileges in and under this License to the Trustee for its bondholders and assign to any r-rbsidiary, 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 tiante to the City for compliance with all terms and conditions hereof until such time as the City shall consent to such assignment as provided above. 11. Dispute Resolutionl Venuei Jurisdiction. In the event of any alleged breach or threatened breach of this License by either party and if the City and Licensee are unable to cure the breach or otherwise resolve their dispute, then final resolution of this dispute or claim shall occur exclusively under the venue, jurisdiction and rules of the King County Superior Court located in Kent, Washington, Each party shall also be responsible for its own legal costs and attorney fees incurred in defending or bringing that claim or lawsuit' 1,2. Notice. All notices, requests, demands, or other communications provided for in this License shall be in writing and shall be deemed to have been given when received and having been sent by registered or certified mail, return ieceipt requested, addressed as the case may be, to the addresses listed below for each'party, or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner. CIry OF KENT Attn: City Clerk 220 Fourth Avenue South Kent, WA 98403 LICENSEE: ELECTRIC LIGHTWAVE, LLC, A subsidiary of INTEGRA TELECOM, INC Registered Agent: CT CorPoration System 520 Pike Street Seattle, WA 98101 With a copy of Notices of Default to: The CT Trust ComPanY 1209 Orange Street Wilmigton, Delaware 19801 13. This License contains the entire agreement between the parties and, in executing it, the City and Licensee do not rely upon any statement, promise, or represenlation, whether oral or written, not expressed herein. IN WITNESS, this Limited Street License is executed and shall become effective as of the last date signed below. LIMITED STREET LICENSE--Page7 of 9 (between City and Electric Lightwave, LLC) (April 14, 2009) APPROVED AS TO FORM: By Kent La CITY OF KENT SU ETTE COOKE Its: Date: ELECTRIC LIGHTWAVE, LLC ent By Print Print Name: Its:D Date: n- /4 -af STATE OF WASHINGTON COUNTY OF KING ) ) I hereby certiff 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 itr M"yo., 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 Murt Appear Wthin This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written.( Lce/ NOTARY PUBLIC, in and for of Washington, residing at My appointment exPires -/8'/ > LIMITED STREET LICENSE--Page 8 of 9 (between City and Electric Lightwave, LLC) ss. (April 14, 2009) srArEo#ffiffiJ$- co u NrY o r.*r*Idu \tnov'nct\ on this- -\fl-ou, or ss ) ) ) be mited Liability CorPoration, who a Notary foregoing and for the uses and Purposes authorized to execute said 2009, Public in and for the State of a red Lio. tomeknown to -',a H#S#ri acknowledged it to be the free and volunta mentioned in this instrument, and on oath instrument. ry act of said paftnershiP, stated that fu ,was P: \Civil\Fil es\openFil es\O42 I -TelcomRowActivelicensesvntegra\Electriclighrwavelimitedstreetli cense.docx LIMITED STREET LICENSE--Page 9 of 9 (between City and Electric Lightwave, LLC) OFFICIAL SEAL JENNIFEBJOHNSON NOTARY PUBLIC - OREGON 60MMtsstoN No.4i!1984 COMMISSION EXFIRES AUoUET 2' -Notary Seal Murt Appear Wthin This tux- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the t forPUBLIC, in an day and year first above written residing at appointment exPires (April 14, 2009) Attachmenf I o SE i-*--r* I i cEttfER 20t35 72ItD i' I L' a- RO rtlileaae Aerial MAN Fiber = 0.24 Miles Underground MAN Fiber = 1.09 Miles Total = 1.33 Miles i 16 *s.II FI.MI'lao Leaend I C,entral Office Site -rr-- Aerial MAN Fiber Route - Underground MAN Fiber Route l-l KenI counry Bounoary - 6 / 4 E ST ( I FtENAMwtRPATft I ll.,ADnMAPSlyVohSlFgihgArEliy'6*U &GtlRlevs1nlF€nrhiRptil,,q'ltl<ent fhe int@nalln cil:latrq' tgBin Ir cbfrlidedial ard Nnpelftiwly ws*B. fri*beurc ot we af this hrfattuliffi v/&tu|lhewile canMt of f deya Tatecam witl eJb/bc{ fn€ dts.bs,tq p3 iy to legel acfi@, iniureltu Etd ta lhe fuil exlet d tE hw DATE: MAP ITAPKENT "-.rJ &.r* Engineering DeFartment l --t i t-. SE ST 1,5 30 PUGET SOUND 1hliles A4/n.A,-u-I ,' a Ftu, to s-.}' POLICY CHANGE 5 Etfective 04/09/200g,thisendorsementformsapartof PolicyNo. lII-00-91-49-0002 (At the time stated in the policy) issued to INTEGRA TELECOM, INC. (See ASC 00 11 01 98, Schedule 1) ATTENTION: RISK MANAGEMENT 1201 NE LLOYD BLVD STE 5OO PORTLAND, OR 91232-L259 Producer: MCGRIFF, SEIBELS & WILLIAMS OF OREGON, INC. by OneBeacon America fnsurance Company In Accordance wlth this Pol-icy Change Your Premium is Revised as f ol-l-ows: No Change in Premium This Poficy Change Amends the Foll-owing Policy Provisions: Liability Schedule, VCG 100 10 98 Add Coverage (s) : 49950 Addl Tns-PGL Owners, Lessees or Contrac. Subline(s) : 334 Premises/Operations Loc Bldg Subfine (s) 45 1 334 Add Additional Insured Owners, CITY OF KENT ATTN: CITY CLERK 220 4TH AVE S KENT, WA 98032-5838 Loc Bldg 45 1 Lessees or Contractors, CG 20 10 07 04: 3 3-46-0079 04/r0/2009 ASC 00 10 01 98 L2W CPW PR 0.685 ABCHIVE POLICY CHANGE Page 1 of 1 ,r,*.f; z,p*7ez"'{- l poltcy NUMBER: 7 L l-00-91--49-0002 THIS ENDORSEMENT GHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SGHEDULED PERSON OR ORGANIZATION This endorsement modilies insurance provided under lhe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional lnsured Person{s} Or Organization(s}: ANYONE WHERE REQUIRED BY SIGNED WRITTEN CONTRACT OR I.IHERE A CERTIFICATE OF TNSURANCE HAS BEEN TSSUED INCLUDING TI{E CERTIFICATE HOLDER AS AN ADDITIONAT INSURED PRIOR TO A LOSS OCCURRING. Location(sl Of Govered Operations: 'IALL LOCATIONS AND OPERATIONS OF THE NAMED INSUREDISI' lnlormation required to complete this Schedule, il not shown above, will be shown in the Declarations. A. Section ll - Who ls An lnsured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only wittr respect to liability for "bodily injury", 'propefi damage" or "personal and advertising injury" caused, in whole or in part' by: 1. Your acb or omissionsl or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations lor the additional insured(s) at lhe location(s) desig- naled above. B. Wth respect to the insurance aflorded to these additional insureds, the following addifional exclu- sions aPPIY: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behall of the additional insured(s) ai lhe location of the covered operations has been completed; or 2, That portion ol "your work" out ol which the infury or damage arises has been put to its iniended use by any pelson or organizaton other than another contractor or suF contractor engaged in performing operations for a principal as a part of the same project' co 20 10 07 04 @ ISO Propedies, lnc., 2004 Page I of 1 ACORD," Ar./a./^-.J i a, /*Ze 3.'{ s,., l CERTIFIGATE OF INSU RANCE ISSUE DATE 0410912009 This certificate is issued as a matter of information only and confers no rights uoon ihe Certificate Holder. This Certificate does not amend, extend or alter the c6veraqe afforded by the policies below. COMPANIES AFFORDING COVERAGE Company One Beacon American lnsurance Company PRODUCER McGriff, Seibels & Williams of Oregon 1800 SW First Avenue, Suite 400 Portland, OR 97201 Phone; (503) 943-6621 Company B Company c Company D INSURED Electric Lightwave, LLC f/tda Electric Lightwave, lnc. 1201 NE Lloyd Boulevard Suite 500 Portland, OR97232 requirement, term policies described red hereinnamed thefor icated.indhavehereinissuedbeenthetoperiod NotwithstandinglnsuthethatofdescribedpolicytnsurancetsThistocertiflTpolicies tnsurancethe affordedthiswhichcertificateissuedbeor byorcontractdocumentotherwithtomaymaypertain,or of respectconditionany beenhave reduced claims.suchof Limits showntothecondanditionsexclusions may by paidhereinterms,policies.tsthe subject Company E EFFECTIVE EXPIRATION LIMITS OF LIABILITYPOLICY NUMBERco LT TYPE OF INSURANGE $EACH OCCURRENCE FIRE DAMAGE 500,000$ 10,000$MEDICAL EXPENSE $PERS. AND ADVERTISING INJURY 2,000,000$GENEML AGGREGATE 2,000,000$PRODUCTS AND COMP. OPER. AGG. 7'1 1-00-91-49-0002 1211512008 1211512009 GENERAL LIABILITY E Commercial Geneml Liability D claims Made ffloccurrence I Owners' and ContEctors' Protection un GeneEl Aggregale Limit applies per: I Poticy D Proiect [Location 1,000,000$COMBINED SINGLE LIMIT $BoDILY INJURY {Per oerson) $BoDILY INJURY (Per accident) $PROPERTY DAMAGE (PEr ACCidENt) COMPREHENSIVE coLLtstoN 71 1-00-91-49-0002 12115!2008 1211512009 AUTOMOBILE LIABILITY E Anynubmobile ! Allowned Automobiles E Scheduled Automobiles E Hired Aulomobiles E Non-ownedAutomobiles tr A WC Statrrtorv I imit X other I I 1,000,000$EL EACH ACCIDENT trl nl-qtrA-qtr /Fanh emnlovae)1,000,000$ Fl nlstrA.qtr lPnlicv I imit)1,000,000$ 12t1512008 12/15t2009 406-01 -54-40-0002AWORKERS' GOMPENSATION AND EMPLOYERS' LIABILITY 4,000,000$EACH OCCURRENCE 4,000,000$AGGREGATE 12t15t2008 12t1512009 711-00-91-49-0002AEXCESS LIABILITY E occurrence nclaims Made $ $ $ $ $ ECTSUBJ POLICYTOASLIABILIryBYREQUIREDCONTRACIWRITTENREINSUUNDERDERALGENOFctrytsKENTDEINCLUASDADDITIONAL RESPECTSAS ETH OFctw ITSKENT OFFICIALS,SURED.IN INSURANCETHIS PRIIS MARY&DITIONS WITH ETH NAMEDcoNEXCLUSIONS,TERMS, RE:ERS.STREETLIMITED LICENSE.ANDEMPLOYEES VOLUNTEOFFICERS, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Authorized Representative Certifi@te lD #forl City of Kent Attn: City Clerk 220 Fourlh Avenue, S Kent, WA 98403 CERTIFICATE HOLDER Limited Street License Between the City of Kent and Electric Lightwave, LLC Attachment: No 3, General description of plant placed in easement. Underground facilities constructed in the public right of way will be fiber optic cables typically instaltJd in conduit with multiple sub-ducts typicaliy placed between manholes and/or hand- holes. Underground facilities may be place using the techniques of trenching, plowing, backhoe, and boring, aJ appropriate for given conditions. Any vault placed for underground willbe approprialety lodci bearing, giv6n the conditions and location. Vaults will typically be placed to pioviOe cable storage, cable splice locations, or to facilitate construction. The aerial/overhead facilities constructed in the public right of way will consist of fiber optic cable lashed to a high strength messenger with storage loops, riser conduits, and ior splice cases at calculated intervals. Aerial facilities will be permitted with the appropriate pole owner(s), in accordance with the owner's then-applicable rules for attachments, and will conform to NESC requirements." KENT ch^rl11o7 REQ U.EST FOR MAYCR"S STGNATURE Please Fill in All Applicable Boxes WASHINGTON Routing lnformation (ALL REQUESTS MUST FTRST BE ROUTED T\-\ROUGH THE LAW DEPARTMENT) Brief Explanation of Documen't \i/rL'ed {,t}K )w^u lz,5o ) A!! Contracts Must Be Rctuted Through the Law Department Shaded Areas to Be Completed by Adntinistration Staff Iq Phone (Originator)5t tOtiginator Date Requirecl: 5 -7 -O5ORDate Serrt: CONTRACT TERMINATION DATE:Return Signed Document to DATE OF COUNCIL APPROVAL:vENDoR NAME: t\gdrt LI (This Area to be Conpleted 6y the Law Departntent) Receivecr: ffifficffilvffit Approval of Lzrw I*gHt i. 4 2l:109 LawoenRE'F{"r"LAw l}ffipr "rt ,{,(t--- '.? yi,[,,t"1 "\-**--"RECEIVFN CIffice of the M Cily of Kent I'r tDate Forwarcled to MaYor:0 Disposition I cry lag,e5f170 . 37105 CERTIFICATE OF LIABILITY INSURANCE CERTIFICATE NU MBER: UsMNFSVS CAN Pagelofl @1 NUMBER: DATE (MM/DDTYYYY) 1210712012 ONLY URANGE ANDTHE THISHOLDER.THE CERTIFIGATENOFERSURIGHTSPONINOFFORMATIONANDcoNlsstsDUEAASMATTERCERTIFICATETHISTHEBY POLIGIESCOVERAGETHEAFFORDEDDEXTENALTERORRMATIVELYAFFINORAMEND,EGATIVELYDOESCERTIFICATENOT AUTHORIZEDArNsuRER(S),THE ISSUINGBETWEENNOTDOESCONSTITUTEGONTRACTTHISBELOW.OFCERTIFICATE NS HOLDER,OR FICATECERTIREPRESENTATIVEPRODUCER, certificate holder ln lieu of such the subjectmust1fIMan toconfernotonthcertiflcatelsrightsdoesanrestatementendorsement,Alheofcertalnclestermstheconditionspolmayrequiandpollcy, 503-943-6622503-943-6621 AFFORDING INSURER A lnsurance PRODUCER Mccriff, Seibels & Williams of Oregon 1 800 SW First Avenue, Suite 400 Portland, OR 97201 INSTJRER D : INSURED Electric Lightwave, LLC f/Ua Eloctric Lightwave, lnc. 1201 NE Lloyd Boulevard Suite 500 Portland, OR97232 THEFOR POLICYINSUREDTHENAMEDHAVEBELOWBEENLISTEDTHETHATESPOLtCTOFCERTIFYISTHWHITO THISCHDOCUMENTOTHERRESPECTWITHANYOFORCONTRACTANYORTERMCONDITIONNOTWITHSTANDINGREQUIREMENT,INDICATED.THEALLISHEREINTO TERMS,SUBJECTTHEBYESPOLTCIDESCRIBEDMAYORTHEAFFORDEDINSURANCEMAYCERTIFICATEISSUEDPERTAIN,BE BEENHAVE BYREDUCED CLAIMS,PAIDPOLICtSUCHLIMITSES.MAYSHOWNIONSEXCLUSCONDANDOFtTtoNs LIMITSTYPE OF INSURANCE 1,000,000EACH 500,000$X '10,000$MED EXP ona PERSONAL & ADV INJURY 1,000,000 GENERAL AGGREGATE $PRODUCTS - COMP/OP AGG $X X GEN'L AGGREGATE LIMIT APPLIES PER: POLICY CLAIMS-MADE OCCUR GENERAL LIABILITY GENERAL LIABILITY 1 $BoDILY INJURY (P€r p€rson)X $BODILY INJURY (Per accident) $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON.OWNED AUTOS 4,000,000$EACHX 4,000,000$X OCCUR CLAIMS.MADE UMBRELLA LIAA exiess Lne 12t1512012 12t1 X $EACH ACCIOENT 1,000,000E.L. DISEASE - EA 1,000,000 12t1512013 LIMITE,L. N/A ANO ET:?LOYERS' LIJBiLITY Y/:,t ANY $ $ $ DESCRtpTtONOFOpERAT|ONS/LOCATTONS/VEH|CLES (AttachACOROl0l,AdditionalRemarksschedule, CITY OF KENT IS INCLUDED AS ADDITIONAL INSURED UNDER GENERAL LIABILITY AS CONDITIONS & EXCLUSIONS, WITH THE NAMED INSURED. RE: LIMITED STREET LICENSE. lf more spaco is requlrod) REQUIRED BY WRITTEN CONTRACT, SUBJECT TO POLICY TERMS' City of Kent Attn: Clty Clerk 22O Foutlh Avenue, S Kent, WA 98403 SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATETHEREOF, NOTICEWILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZEO REPRESENTATIVE & ;r" ACORD 25 (2010/05)The AGORD name and logo are registered marks of ACORD RD rights reserved A ISSUE DATE 12t10t2009 This certificate is issued as a matter of information only and confers no rights . This Certificate does not 6mend, extend or alter theuponthe Certificate Holder. coverage afforded by the policies below. PRODUCER McGriff, Seibels & Williams of Oregon 1800 SW First Avenue, Suite 400 Portland, OR 97201 Phone: (503) 943-6621 Fax (503) 943'6622 COMPANIES AFFORDING COVERAGE Company OneBeacon America lnsurance Company A INSURED Electric Lightwave, LLC f/t</a Electric Lightwave, lnc. 1201 NE Lloyd Boulevard Suite 500 Portland, OR97232 Company Companyc Company D Company E This IS to certify thai the policies of tnsurance descri bed herein have been issued to ihe lnsured named herein for the policy period indicated.Notwithstanding requ irement,term or condition of contract or other docu ment with respect to which this certificate may be issued or may pertain the insurance afforded byany conditions and excl ustons of such policies.Limits shown may have been reduced by paid claims.the policies described herein IS subject to all the terms, GO LT TYPE OF INSURANGE POLICY NUMBER EFFECTIVE EXPIRATION LIMlTS OF LIABILITY A GENERAL LIABILITY I Commercial Genenl Liability E claims Made I occunence n Owners' and Contractors' Protection tr tr General Aggregate Limit applies per: El eotioy D et1"ct E Location 1 1-00-91-49-0003 12t1512009 12t1512010 EACH OCCURRENCE FIRE DAMAGE $500,000 MEDICAL EXPENSE $10,00u PERS. AND ADVERTISING INJURY $ GENEMLAGGREGATE $2,000,000 PRODUCTS AND COMP OPER. AGG $2,000,000 A AUTOMOBILE LIABILITY I Any Automobile ! All Owned Automobiles ! scheduled Automobiles E Hired Automobil€s n Non-ownod Automobiles tr 1 1-00-91-49-0003 12t1512009 12t1512010 COMBINED SINGLE LIMIT $ BoDllY INJURY (Per oerson)$ BoDILY INJURY (Per accident)$ $ COMPREHENSIVE COLLISION A WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY 406-0 1 -54-40-0003 12t15t2009 12t',t5t2010 wc statutorv t-imit lx I Otner I I EL EACH ACCIDENT $1,000,000 Fl DISEASE {Each emolovee)$1,000,000 Fl DISEASE (Policv Limit) A EXCESS LIABILITY E occunence lclaims Mad€ 71 1-00-91-49-0003 12t1512009 1211512010 EACH OCCURRENCE AGGREGATE $4,000,000 $ $ $ $ $ CITY OF KENT IS IN CLUDED AS ADDITIONAL INSURED UN DE R GENERAL LIABILITY AS REQUIRED BY WRITTEN co NTRACT,SU BJ ECT TO POLI CY TERMS,co NDITION S &EXCLUSIONS,WITH TH E NAME D INSURED.THIS INSURAN CE S P RIMARY AS RESPECTS TH E CITY OF KENT ITS OFF ICIALS, OFFI CERS,EM PLOYEES AND VOLUNTEERS.RE:LIMITED STREET LICE NS E. CERTIFICATE HOLDER City of Kent Attn: City Clerk 220 Fourth Avenue, S Kent, WA 98403 SHoULDANYoFTHEABoVEDESCRIBEDPoLIcIESBECANoELLEDBEFoRE THEEXPIRATIONDATETHEREOF,THEISSUINGINSURERWILLENDEAVORTO MAIL30DAYSWRITTENNoTIcEToTHECERTIFIoATEHoLDERNAMEDToTHE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Authorized Representative 1of ffi *_ ee--y" tD# CERTIFICATE OF INSURANCE