HomeMy WebLinkAboutORD 5083CITY OF RENTON,WASIllNGTON
ORDINANCE NO.5083
AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON,
GRANTING UNTO VOICE STREAM PCS In CORPORATION,A
DELAWARE CORPORATION,ITS SUCCESSORS AND ASSIGNS,THE
RIGHT,PRIVILEGE,AUTHORITY AND MASTER USE AGREEMENT
TO INSTALL TELECOMMUNICATION FACILITIES TOGETHER WITH
APPURTENANCES THERETO,UPON,OVER,UNDER,ALONG,AND
ACROSS THE STREETS,AVENUES AND ALLEYS OF THE CITY OF
RENTON WITHIN CITY RIGHT OF WAY AND PUBLIC PROPERTIES
OF THE CITY.
THE CITY COUNCIL OF THE CITY OF RENTON,WASIllNGTON,DO ORDAIN
AS FOLLOWS:
SECTION I.Master Use Agreement
There is hereby given and granted unto VOICE STREAM PCS III CORPORATION,a
Delaware Corporation,its successors,and assignees for a period of 10 years from the effective
date of this master use agreement,the rights,privileges,and authority to construct,operate,
maintain,replace,alter,remove and repair one or more wireless communications facilities
("Facilities"),together with all equipment,support structures,conduit,cables and appurtenances
of Grantees'systems,under,along,over,below and through certain public right-of-way and other
public lands within the City ofRenton.
The following City codes shall apply to this agreement in their entirety:
City Code 4-2-080A
4-4-140
4-2-070
4-5-050B
4-11-230
5-19-05
5-19-07
5-19-08
5-19-09
5-19-10
SECTION II.
ORDINANCE NO.5083
Non-Exclusive Master Use Agreement (Code 5-19-5)
This Master Use Agreement is granted upon the express condition that it shall not be
deemed or held to be an exclusive agreement in,along,over,through,under,below or across any
of said public rights-of-ways,public thoroughfares,sidewalks,and utility easements within the
City of Renton.Such agreement shall in no way prevent or prohibit the City of Renton or its
tenants from using any of said roads,streets or other public or tenant properties or affect its
jurisdiction over them or any part of them.The City of Renton retains full power to make all
necessary changes,relocation's,repairs,maintenance,establishment,improvement,dedication of
same as they may deem fit including the dedication,establishment,maintenance and improvement
of all new rights-of-ways and thoroughfares and other public properties of every type and
description.VoiceStream PCS ill Corporation,as Grantee herein,agrees and covenants at its sole
cost and expense to protect,support,temporarily disconnect,relocate or remove from any street
any of its installations when so required by the City ofRenton,upon not less then ninety (90)days
prior written notice.Cause for the City of Renton to issue such notice include,but are not limit
to,traffic conditions,public safety,street vacations,dedications of new rights-of-ways and the
establishment and improvement thereof,freeway construction,change of establishment of street
grade or the construction of any public improvement or structure by Government agency acting in
a Government capacity (''Redevelopment'').The Grantee shall in all such cases have the privilege
to temporarily by-pass,in the authorized portion of the same street,upon approval by the City of
Renton,any section of the System required to be temporarily disconnected or removed If Grantee
is unable to by-pass the affected Facilities during the City's Redevelopment,the City and Grantee
shall reasonably cooperate to allow Grantee to operate a temporary facility on property owned,
operated or controlled by City in the immediate vicinity,if possible.In the event Grantee must
pennanently relocate any Facilities due to such Redevelopment by the City,the City agrees to use
best efforts to relocate Grantee's Facilities to an adjacent right of way area.
Grantee may,after receipt of written notice requesting a permanent relocation of its Facilities,
submit to the City written alternatives to such relocation The City shall evaluate such alternatives and
advise Grantee in writing if one or more of the alternatives are suitable to accorrnnodate the work,
which would otherwise necessitate relocation of the Facilities.If so requested by the City,Grantee
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ORDINANCE NO.5083
sball submit additional relevant information to assist the City in making such evaluation.The City sball
give each alternative proposed by the Grantee :full and fair consideration,within a reasonable time so as
to allow for the relocation work to be performed in a timely manner.In the event the City ultimately
detennines not less than fifteen (15)days from the commencement of such work by the City that there
is no other reasonable alternative,Grantee sball relocate its Facilities as otherwise provided in this
Section.
SECTION III.Location ofFacilities:
The location of facilities shall be underground or in accordance with City code 5-19-5(1)1
through 4 as conditions warrant.
SECTION IV.Master Use/Franchise Construction Permit (Code 5-19-9):
A Master Use/Franchise Construction permit application with three (3)sets of plans is
required for each proposed project.All construction,and installation of work wherever same
crosses any of the public properties shall be done under the supervision of the duly authorized
representative of the PlanningIBuilding/Public Works Administrator,and Grantee shall timely
submit unto the Public Works Administrator,prior to any such work,detailed plans and
specifications of any proposed work.The location of any Permit on public property in a street,
Municipal Airport,or other public area shall be subject to approval of the Public Works
Administrator or his authorized representative and such approval shall be provided in writing.
The Grantee shall further inform the City of any time or date that the Grantee is performing work
within the franchised area to allow the City to inspect such work.Work within City Streets
shall be accomplished through boring rather than open trenching whenever reasonably
feasible.New facilities installed within City rights-of-way shall be located outside of the street
travel and parking lanes,whenever feasible and will not delay or increase the costs of the
proposed facilities.The Master Use/Franchise Construction permit fee is stated in Section 18 of
this agreement document.
SECTION V.System Components:
All components of the System and other components of any communication line,to be
placed within any street right-of-way,Municipal Airport,or other public property shall be
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ORDINANCE NO.5083
designated,manufactured and installed in accordance and in full compliance with industry
standards and applicable ordinances.
Placement of conduit in street crossings shall be PVC schedule 80 or steel conduit.Schedule 40
PVC is acceptable in areas outside the roadway.
SECTION VI.Permanent Records (Code 5-19-9)(N):
The Grantee shall at all times keep full and complete plans,profiles and records showing
the location,installed depth and size of all its installations and systems wherefore laid in the City
and hereafter installed.Such plans and records shall be kept current by the Grantee.As-built
plans and records shall be available to the City at all times upon request.A telephone contact
number for requested plans shall be supplied to the City and kept current.
SECTION VII.Planningfor Construction:
During any period of construction,all surface structures,if any,shall be erected and used
in such places and positions within said public right-of-way,and other public properties so as to
interfere as little as possible with the free passage of traffic and the free use of adjoining property
and tenants and Grantee shall at all times post and maintain proper barricades during such period
of construction as required by the laws and statutes of the State of Washington.The Grantee shall
avoid the use of arterials as designated by the City of Renton Arterial Street Map,defined by the
Transportation Department and recently constructed or paved overlaid streets as much as
possible.Specific route alignments are subject to approval by the City via the construction
permitting process.All components of the System constructed and installed by the Grantee
underground,within the City of Renton,shall be located in approved locations,buried and
installed to a depth ofnot less than three feet and as otherwise provided for in the aforesaid Code,
the laws ofthe State of Washington,and the ordinances ofthe City ofRenton,now or hereafter in
force,regulating such installations.Grantee shall establish and maintain at all times adequate
facilities on the portion of each ofthe systems installed under the authority of this agreement,and
elsewhere on the system,to promptly localize operating troubles and to minimize the effects
thereof:whether on City streets or on their use by the public.
All truck,vehicles and equipment working in City right-or-way shall be marked
with company logo,including company name and phone numbers.
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ORDINANCE NO.5083
Approved traffic control plans shall be utilized for each installation when working in the
public right-of-way (code 5-19-11)(F).The Grantee shall be responsible for all work by their
contractor,meeting the requirements of the Manual on Uniform Traffic Control Devices
(MUTCD)for all work within the public right-of-ways.
The Grantee shall be responsible for notifying the Valley Communication Center for
any street closures,a minimum of 24 hours prior to said closure.
The Grantee shall subscribe to and maintain membership in the regional "One-Call"utility
location service and shall promptly locate all of its lines upon request.
SECTION VIII.Restoration And Repair ofFacilities (Code 5-19-10)(H):
Grantee,its successors and assignees,hereby agrees and covenants to promptly repair any
damage to City or tenant property of every type and nature and all other City or tenant
improvements caused by failure of Grantee's work during the life of this Agreement.Should it be
necessary to make any excavation within any public right-of-way,in the laying,constructing,
maintenance,removing,replacing,altering or repairing of all or any portion of the system,
Grantee shall without delay and at Grantee's sole cost and expense,restore the surface of said
right-of-way or other public or tenant property to at least the same condition immediately prior to
any such installation and construction.In case of damage by the Grantee to said streets,avenues,
roads,alleys,lanes,public places and ways,to the pavement,turnouts,gutters,ditches,walks,
poles, pipes,plantings,rail,bridges,trestles,wharves or landings,and/or other appurtenances and
improvements,the Grantee shall immediately repair all damage at its sole cost and expense.
Grantee shall comply with all ordinances and regulations of the City of Renton,Washington,
regarding such excavation and whenever deemed necessary by the Public Works Administrator
shall be required to post a performance bond in favor of the City warranting,among other things,
that such restoration work will be done promptly to a condition equal or better than the original
condition and in a proper,workman like manner.
Where concrete encased recorded monuments have been disturbed or displaced,Grantee
shall restore the monument to federal state and local standards and specifications.
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ORDINANCE NO.5083
All restoration of public streets,sidewalks and other amenities shall conform to current
City ofRenton Standard Specifications for Road,Bridge and Municipal Construction and the City
of Renton's Trench Restoration Standards.As a condition of receiving the right to work within
the public right-of-way,VoiceStream PCS ill Corporation shall assume full responsibility for
using materials and installation methods that are in full compliance with City Standards and shall
verify this by submittal of documentation of materials and testing reports when requested by the
City.All costs for performing on-site testing,such as Compaction tests,shall be borne by
VoiceStream PCS III Corporation.
SECTION IX.Hold Harmless Agreement:
The Grantee,its successors and assignees,agrees and covenants to indernni.fY and hold
harmless the City of Renton from and against any and all liability,loss cost,damage,whether to
persons or property,or expense of any type or nature to the extent it arises (collectively,
"Claims")from any negligent act or omission or willful misconduct of Grantee,its successors and
assigns arising from or connected to the Grantee's work under this Agreement,except to the
extent any such Claim is due to the negligence or intentional acts of the City,its employees,
agents or independent contractors.In addition,in case any suit or action is instituted against the
City by reasons of any such damage or injury,City shall (i)cause written notice thereof to be
given unto Grantee and (ii)give all reasonably requested assistance in defense or settlement of
such claim at Grantee's expense,and (iii)grant Grantee the right to control the defense or
settlement of such claims.
SECTION X.Liability Insurance (Code 5-19-10 (0,P,Q &R):
VoiceStream PCS III Corporation shall maintain in full force and effect throughout the
term of this agreement,Comprehensive General Liability insurance coverage,inclusive of
umbrella coverage,insuring both the Grantee and the City and its elected and appointed officers,
officials,agents and employees as additionally insured as follows:
1.Comprehensive general liability insurance,inclusive of umbrella coverage,with limits not
less than:
a.Five million dollars ($5,000,000)for bodily injury or death to each person;
b.Five million dollars ($5,000,000)for property damage resulting from anyone
accident;
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ORDINANCE NO.5083
2.Automobile liability insurance for owned,non-owned and hired vehicles,inclusive of
umbrella coverage,with a limit of three million dollars ($3,000,000);
3.Worker's compensation with statutory limits and employer liability insurance,inclusive of
umbrella coverage,with limits ofnot less than one million dollars ($1,000,000);and
4.Comprehensive form premises -Operations,explosions and collapse hazard,underground
hazard and products completed hazard,inclusive of umbrella coverage,with limits of not
less than three million dollars ($3,000,000).
The Grantee shall submit to the City Clerk evidence that it has in full force and effect and
shall keep in full force and effect during the life of the Agreement,comprehensive general liability
insurance naming Grantee and the City of Renton as additional insured with coverage as stated
above.
It is hereby understood and agreed that this policy may not be canceled nor the intention
not to renew be stated until 30 days after receipt by the City,by registered mail,of a written
notice addressed as required by such intent to cancel or not renew.
After receipt by the City of said notice,and in no event later than ten days prior to said
cancellation,the Grantee shall obtain and furnish to the City replacement insurance policies
meeting the requirements ofthis section.
SECTION XI.Revocation or Termination ofGrant (Code 5-19-10)(U &V):
For the purpose of compelling compliance by the Grantee with all the terms and conditions
of this Agreement and the maintenance of said System and facilities in good condition,City
retains the right to end and terminate and fully forfeit the Agreement herein granted,within (30)
thirty days after written notice unto the Grantee,whenever the Grantee fails to comply with any
ofthe material terms and conditions hereof,provided that Grantee has a reasonable length of time
in which to cure such noncompliance.Upon forfeiture the City shall have the right to require the
Grantee to remove any and all of its systems within the City of Renton,all at the Grantee's cost
and expense,and to promptly and timely restore all roads and other public properties to the
condition immediately prior to any such forfeiture and termination.
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ORDINANCE NO.5083
However,the Grantee may apply to the City for an extension of time to comply due to
unavoidable delays and events beyond its control.The extension of time will not be unreasonably
withheld as determined by the City.
SECTION XII.Reservation ofRights (Code 5-19-12)(D):
The Grantee acknowledges that its rights hereunder are subject to the legitimate rights of
the police power ofthe City at all times and the City shall enforce general ordinances necessary to
protect the safety and welfare of the public.The Grantee agrees to comply with all applicable
general laws enacted by the City as long as such regulations do not increase the burden or impair
the rights ofthe agreement hereunder.
The laying,construction,installation,maintenance and operation of the Facilities,System
and facilities in connection therewith shall not preclude the City of Renton,its authorized agents,
contractors and representatives from blasting,grading,excavating or doing other necessary or
public works over,unto,abutting,or contiguous to Grantee's System provided,however,that
Grantee shall be given (10)ten working days written notice of any such blasting,grading,or
excavating so that the Grantee may take proper steps to protect its communication line and
facilities.
The parties agree that this Agreement is intended to satisfY the requirements of all
applicable laws,administrative guidelines,rules,orders and ordinances (the "Law").Accordingly,
any provision of this Agreement or any local ordinance,which may conflict with or violate the
Law,shall be invalid and unenforceable,whether occurring before or after the execution of this
Agreement,it being the intention ofthe parties (i)to preserve their respective rights and remedies
under the Law,and (ii)that the execution of this Agreement does not constitute a waiver of any
rights or obligations by either party under the Law.The provisions of this Agreement shall be
applied to all telecommunication providers in a competitively neutral and nondiscriminatory
manner.
SECTION Xlll.Damage,Injury or Loss (Code 5-19-10)(K):
Except for damage,injury or loss caused by the City of Renton,the Grantee shall have no
recourse whatsoever against the City of Renton for any loss cost,expense,or damage arising out
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of any provision or requirement of this Agreement or the enforcement thereof.This Agreement
does not relieve the Grantee of any requirement of any City Ordinance,rule or regulation,or
specification of the City,including but not limited to any requirement relating to street work,
street excavation permits and fees therefore,or the use,removal or relocation of property and
streets.No privilege nor exemption is granted or conferred unto the Grantee by this Agreement
except those specifically prescribed herein,and any such privilege claimed under this Agreement
by the Grantee in any street shall be subordinate to any prior lawful occupancy of the street or any
subsequent improvement or installation therein.
SECTION XIV.DiscontinuedAgreement (Code 5-19-10(1)1-5):
In the event the use of any permitted property is permanently discontinued by Grantee,or
no Permit has been obtained therefore upon expiration of this Agreement,or within thirty days
after any termination of this Agreement,then the Grantee shall promptly remove from the streets
and other properties all its facilities,other than any the City may permit to be temporarily or
permanently abandoned.
SECTION XV.Ownership Transfer (Code 5-19-10(1')1-6):
This Agreement may not be assigned to a successor or assignees without the prior written
consent of the City Council of the City of Renton,provided that Grantee may assign this
Agreement to a parent or affiliate upon prior written notice to the City.The City will not delay or
withhold written consent without just cause.For the purposes of this section,a merger or
corporate reorganization of any entity controlling,controlled by or under common control with
Grantee shall not be deemed a transfer ofassignment.
SECTION XVI.Security Device (Code 5-19-10(Q):
The Grantee shall,within (l0)ten days after the award of this Agreement,file with the
City of Renton Public Works Department at all times thereafter maintain in full force and effect an
acceptable security device or escrow account in duplicate effective for the entire term of this
Agreement,and conditional that in the event Grantee shall fail to comply with anyone or more of
the provisions of this Agreement then there shall be recovered jointly and severally from the
principal and surety of such security device or escrow account any damage suffered by the City as
a result thereof,including the full amount of any compensation,indemnification or cost of removal
VOICESTREAMIf-MOBILE 9
ORDINANCE NO.5083
or abandonment of properties herein above described,up to the:full amount of the said bond,said
condition to be a continuing obligations within the City of Renton or may have arisen from the
acceptance of such Agreement by the Grantee or from its exercise of any such privilege herein
granted.The security device or escrow account initially filed in accordance with the
requirement of this Section shall be in the amount of Twenty Five Thousand Dollars
($25,000).In the event of substantial change in volume of street space occupied by permitted
properties,the City may permit or may require a corresponding change in the amount of such
security device or escrow account.The bond form set forth as attachment " C "is deemed an
approved security device.
SECTION XVII.System Expansion:
Upon application to the City of Renton's,Department of Building/Planning/Public Works
by the Grantee,the Department of Public Works may authorize the Grantee to install,construct
and/or retain in City streets additional System expansions,as contemplated in Section I hereof,in
manner satisfactory to the Department of Public Works.Such additional installations shall be
subject to all ofthe terms and conditions ofthis Master Use Agreement and to any such additional
conditions as may be prescribed by the Department of Public Works as to any such additions.
The City of Renton conducts both an annual pavement overlay program and a 6-year
transportation improvement program for the repair and improvement of city streets.The City
publishes updates to these programs annually.It is the City's intent that newly paved streets not
be excavated or damaged within five years of pavement installation.It is therefore the Grantee's
responsibility to obtain the City's annual publications regarding the pavement overlay program
and the 6-year transportation improvement program,and to schedule any system expansions or
programmed maintenance operations in such a way as to avoid disturbing pavement within five
years of installation.The City of Renton reserves the right to withhold issuance of permits for
planned expansion or maintenance activities that will damage pavement within five years of its
installation.
SECTION XVIII.Telecommunication/Permit Fees:
The Grantee,VoiceStream PCS III Corporation,its successors and assignees)agrees to
pay annually to the City of Renton from and after the date of acceptance of this Agreement and
VOICESTREAMff-MOBILE 10
ORDINANCE NO.5083
during the period it shall remain in effect an utility tax of six per cent (6%)per annum of its
gross receipts derived from the telecommunication facilities located within the limits of said
City of Renton as specified in City code 5-11-1.However,if the 6%per annum
communication (utility)tax falls below $200 annually than an administrative fee shall be applied
up to $200.
Payments are to be paid in monthly installments in accordance with City code 5-11-2 to
the Finance and Information Service Administrator.
Master Use/Franchise Construction Permit Fee is $50.00.Inspection rate is billed at
$40.00 an hour.
VoiceStream PCS III Corporation does hereby agree to pay a one time Administrative
fee for Agreement preparation and processing of$5,000 dollars.
SECTION XIX.Applicants Contacts:
Any notices or information required to be given to parties under this Master Use
Agreement may be sent to the following addresses unless otherwise directed.
VoiceStream PCS III Corporation
Attn:Legal Department
12920 Southeast 38th Street
Bellevue,WA 98006
Renton City Hall
Attn:Jan lIlian
Development Services 6th Floor
1055 -S.Grady Way
Renton,WA 98055
SECTION XX.Effective Date:
This Ordinance shall be in full force and effect from and after its passage,approval and
five days after its legal publication as provided by law,and provided it has been du1y accepted by
Grantee as herein above provided.
SECTION XXI.Environmental Indemnification:
Grantee shall not introduce or use any Hazardous Substance on the Property in violation
of any applicable law.Grantee shall be responsible for,and shall promptly conduct any
investigation and remediation as required by any applicable environmental laws,all spills or other
releases of any Hazardous Substance caused by Grantee,that have occurred or which may occur
on the Property.Each party agrees to defend,indemnify and hold harmless the other from and
against any and all administrative and judicial actions and rulings,claims,causes of action,
VOiCESTREAMfT-MOBILE 11
ORDINANCE NO.5083
demands and liability (collectively,"Claims")including,but not limited to,damages,costs,
expenses,assessments,penalties,fines,losses,judgments and reasonable attorney fees that the
indemnitee may suffer or incur due to the existence or discovery of any Hazardous Substances on
the Property or the migration of any Hazardous Substance to other properties or the release of
any Hazardous Substance into the environment (collectively,"Actions"),that relate to or arise
from the indemnitor's activities on the Property.The indemnifications in this section specifically
include,without limitation,costs incurred in connection with any investigation of site conditions
or any cleanup,remedia~removal or restoration work required by any governmental authority.
PASSED BY THE CITY COUNCIL this _14th day of_--=J:..=u:.:.:ne::.....-."2004.
Bonnie I.Walton,City Clerk
APPROVED BY THE MAYOR this 14t~day of __J_un.....,e ,2004.
d(4J.~-W~
Kathy K·lker-Wheeler,Mayor
Appc;rro~
Lawrence J.Warren,City Attorney
Date ofPublication:6/18/2004 (Summary)
ORD.1118:5/27/04:ma
VOICESTRE~-MOBILE 12
ORDINANCE NO.5083
ACCEPTED BY GRANTEE,VOICESTREAM PCS ill CORPORATION this
23rd day of June 20_04 _
Signature
Tung
Print Name
TITLE _
Signature
Print Name
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