HomeMy WebLinkAboutPW09-087 - Original - Electric Lightwave, LLC - Limited Street License - 06/02/2009')'\
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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)
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be
mited Liability CorPoration, who
a Notary
foregoing and
for the uses and Purposes
authorized to execute said
2009,
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acknowledged it to be the free and volunta
mentioned in this instrument, and on oath
instrument.
ry act of said paftnershiP,
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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
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forPUBLIC, in an
day and year first above written
residing at
appointment exPires
(April 14, 2009)
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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
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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