HomeMy WebLinkAboutPermit Qwest
1801 California Street,Suite 1150 } }
Denver,Colorado 80202 ride L he I r l
303 672-2865
FAX 303 672-2889
SM
Mindi Rosen,CPCU,ARM
Manager,Risk Finance&Insurance Qwest.
VIA CERTIFIED MAIL- RETURN RECEIPT REQUESTED
April 23, 2001
City of Renton, WA
City Hall
1055 S. Grady Way
Renton, WA 98055
RE: Qwest Corporation (fka U S WEST Communications, Inc.)
Assumption of Liability Certificate
Name Change Rider
Blanket Right of Way Permit Bond - Per Ordinance No. 1620
United Pacific Insurance Company
Bond No. U503345-12
To Whom It May Concern:
Qwest Corporation (fka U S WEST Communications, Inc.)is changing its surety from United Pacific
Insurance Company to Liberty Mutual Insurance Company effective April 1, 2001. We have also
formally changed the names of many of our subsidiaries. In conjunction with this change,we are
sending you two amendments to the captioned bond.
First, an Assumption of Liability Certificate. This Assumption Certificate changes the surety on the
bond from United Pacific Insurance Company to Liberty Mutual Insurance Company. It also changes
the surety's bond number from U503345-12 to 905-010-590.
Second, a Surety Rider issued by Liberty Mutual Insurance Company changes the name of the
Principal on the bond from U S WEST Communications, Inc.to Qwest Corporation.
We request that both the Assumption Certificate and Surety Rider be accepted effective April 1,
2001. To confirm your acceptance of these transactions please sign the copies of both documents
that are enclosed and return them in the attached pre-addressed postage-paid envelope as soon as
wssible.
If you have any questions or concerns about these transactions, please contact Krista Stromberg at
Marsh USA Inc. in Seattle, Washington. Marsh is our Insurance Broker and Krista is the person who
handles our surety bonds. You may contact her by telephone at 206.613.2648, by fax at
206.613.2523 or by electronic mail at krista.m.stromberg(a-marsh.com.
Thank you very much for your assistance.
Sincerely yours,
Mindi Rosen
cc: Krista M. Stromberg/Marsh USA Inc. -Seattle,Washington
Enclosures
V o� CITY OF RENTON
HUMAN RESOURCES & RISK MANAGEMENT
DEPARTMENT
MEMORANDUM
DATE: May 10, 2001
TO: Larry Warren-City Attorney
FROM: Michael R. Webby, HR&RM Administrator
SUBJECT: Surety Rider and Assumption Certificate
Please find attached a request from Qwest(fka U S West Communications)for the city to sign a
Surety Rider and an Assumption Certificate for a transferal of coverage from one insurance
company to another. This is all in relation to a Right of Way Permit Bond. We are asking that
you review the attached information and advise us on three points. First, should we sign these
documents? Second, who should sign them? Third, should the City Clerk have a copy of the
signed documents for the records?
We await your timely response.
a./
ASSUMPTION OF LIABILITY CERTIFICATE
Obligee: City of Renton,WA
Obligee Address: City Hall
1055 S.Grady Way
Renton,WA 98055
Bond Obligation: Blanket Right of Way Permit Bond-Per Ordinance No. 1620
Bond Amount: $1,000.00
Principal: U S WEST Communications,Inc.
Effective the 1st day of _April , 2001_, this certificate hereby assumes the liability under Bond No. U503345-12
issued by United Pacific Insurance Company, hereinafter referred to as the Company, in favor of the Obligee.
This certifies that Liberty Mutual Insurance Company , in consideration of the agreements and convenants herein
contained and other good and valuable consideration,assumes liability under the above-described bond.
BY ISSUANCE OF THIS CERTIFICATION IT IS AGREED:
1. That the liability of Liberty Mutual Insurance Company under said bond (a) shall be subject to all of the terms,
conditions, limitations and warranties contained in the above described bond and any amendment thereto or
agreement between the Obligee and the Company affecting the same; and (b) shall in no event be greater than the
penal sum of the bond, including any amendment thereto or agreement between the Obligee and the Principal
affecting the same.
2. That all rights of the Company which would have been available to the Company, by reason of its suretyship under
the aforementioned bond, or otherwise, if this certificate had not been executed, shall inure to the benefit of and be
fully enforceable by Liberty Mutual Insurance Company.
3. That Liberty Mutual Insurance Company hereby assumes liability under Bond No. U503345-12,originally issued
by United Pacific Insurance Company which is now designated Bond No. 905-010-590.
4. Henceforth all premiums paid in remittance of future billings on this bond will inure to Liberty Mutual Insurance
Company.
5. All correspondence, questions and inquiries should be directed to Liberty Bond Services, 600 West Germantown
Pike, Plymouth Meeting, Pennsylvania 19462,Attention:Senior Vice President-Underwriting.
Surety: Liberty Mutual Insurance Company City of Renton,WA
ACKNOWLEDGMENT AND ACCEPTANCE
By: —– y: l
Patrick D. Dineen, Attorney-in-fact PU/J(�lL w010.KS � � j
Date: Apri 119,2001 Date: SII�/®I
LBS-4105 Rev.
11/97
THIS POWER OF ATTORNEY IS NOT VA' "1 UNLESS IT PRINTED ON RED BACKGRrl"ND• 749252
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This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the
manner and to the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts
mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name,
constitute and appoint, SUZANNE HOLDEN,PATRICK D. DINEEN, HEIDI BOCKUS, KRISTA M. STROMBERG,
THOMAS J. JOCHUMS, KATHIE L.WIEGERS,TEVY LOR, JAY A. MILEY,ALL OF THE CITY OF SEATTLE, STATE OF
WASHINGTON. ............ ...... .............. .... .............................................................
................................................... .................... .. ....... ...... ....... .....
.... ........ ..........................
each individually if there be more than one named, its true and;lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and deed, any and all undertakings, bonds, recognizancesand other surety obligations in the penal sum not exceeding
TWENTY-FIVE MILLION AND 00/t DOLLARS ($25,000,000.00***** ) each, and the execution of such bonds or a
undertakings, in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by ea
the secretary of the Company in their own proper persons.
N
0 That this power is made and executed pursuant to and by authority of the following By-law and Authorization: d
y c
ARTICLE XVI-Execution of Contracts:Section 5.Surety Bonds and Undertakings. y
Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such
a) limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the
Cc
.0 C company to make, execute, seal, acknowledge and deliver as surety any and all undertakings; bonds, recognizances and other surety
+ obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the
company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such — p
L instruments shall be as binding as if signed by the president and attested by the secretary. V H
C3 By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: =W
> Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys p
in fact p .
4. as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, +e
7 bonds,recognizances and other surety obligations.
0
m That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect.
d C
�. IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance 3-
60
4; O Company has been affixed thereto in Plymouth Meeting;Pennsylvania this 21 st day of December 2000 O E
0 4; IL
LIBERTY MUTUAL INSURANCE COMPANY Z
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%!sem Y
By ll 'CN (N 'vlJ O C
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1r+r Garnet W.Elliott,Assistant Secretary +>, y
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+; COMMONWEALTH OF PENNSYLVANIA ss
%% fu COUNTY OF MONTGOMERY >
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v On this 21st day of December A.D. 2000 before me, a Notary Public, personally came the individual, known to «�
> me to be the therein described,44yidual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- E cV
ged that he executed dare_,sanib arjo�o the seal affixed to the said preceding instrument is the corporate seal of said company;and that said corporate C
Z v seal and his signature; 6senb 4'e-*C-was duly affixed and subscribed to the said instrument by authority and direction of the said company.
06
IN TESTIMONY, REOF I' to set my hand and affix my official seal at Plymou Meeting,"P ,the day
�and
J.year first above written. 01?
Notary Public
_ CERTIFICA'T'E
I, the undersigned%AW tar1{t,$e6ietary of Liberty Mutual insurance Company, da hereby certify that the original power of attorney of which the
foregoing is a full,true and 66fr66t copy,is in full force and effect on the date of this certificate; and Ido further certify that the officer who executed the
said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fact as provided in Article
XVI,Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance
Company at a meeting duly called and held on the 12th day of March,1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified
copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as
though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this 1qt day of
April 2001
stant Secretary
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER December 21 20 02
`err'
SURETY RIDER
To be attached to and form a part of
Type of Bond: Blanket Right of Way Permit Bond-Per Ordinance No. 1620
Bond Number: 905-010-590
Executed By: Qwest Corporation,as Principal,
And By: Liberty Mutual Insurance Company,as Surety,
In Favor Of: City of Renton,WA,as Obligee
And Dated: October 9, 1995
In consideration of the premium charged for the attached bond, it is hereby agreed
to change:
Element Changed: Principal's Name
From: U S WEST Communications, Inc.
To: Qwest Corporation
The attached bond shall be subject to all its agreements, limitations and conditions
except as herein expressly modified.
This Rider is Effective: April 1,2001
Signed and Sealed: April 19,2001
Surety: Liberty Mutual Insurance Company
By:
Patrick D. Dineen,Attorney-in-Fact
RIDER ACCEPTED
(Obligee,please sign duplicate of this Rider and return to Surety)
BY.-
Date. `7/ I
THIS POWER OF ATTORNEY IS NOT VAI In UNLESS IT IS PRINTED ON RED BACKGRr"IND. 749715
74n71C
This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the
manner and to the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That-Liberty Mutual Insurance Company (the "Company"), a Massachusetts
mutual insurance company, pursuant to and:by authority of the By-law and Authorization hereinafter set forth, does hereby name,
constitute and appoint, SUZANNE HOLDEN, PATRICK D.DINEEN, HEIDI BOCKUS,KRISTA M. STROMBERG,
THOMAS J. JOCHUMS, KATHIE L. WIEGERS, TEVY LOR, JAY A. MILEY,ALL OF THE CITY OF SEATTLE, STATE OF
WASHINGTON.... .. .. ...... .... ... .... ..... ... . ............
....... ....... ................... ......... .................... ......... ......... ...... ......... ........ ............ ................... ..............
each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seat, acknowledge and deliver, for and on its
behalf as surety and as its act and deed, any and all undertakings, bonds,recognizances and other surety obligations in the penal sum not exceeding
TWENIY-FIVE MILLION AND 10 DOLLARS ($25,000,000.00"**** ) each, and the execution of such bonds or j,
undertakings;in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by cc
..I the secretary of the Company in their own proper persons. �
uI
Q. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: d
C
W ARTICLE XVI-Execution of Contracts:Section 5.Surety Bonds and Undertakings. N
d Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such
� limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the >,
O company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety _
obligations. Such attorneys in fact,subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the co
company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such O
d pt instruments shall be as binding as if signed by the president and attested by the secretary. v F-
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: y W
C
> Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W.Elliott is hereby authorized to appoint such attorneys-in-fact p CL
ip as may be necessary to act in behalf of the company to make, execute,seal, acknowledge and deliver as surety any and all undertakings, p
bonds,recognizances and other surety obligations. Q M
_ 0
rn That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. -a
G � WC
IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance
C 0 Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 21 st day of December 2000 0 E
IL
LIBERTY MUTUAL INSURANCE COMPANY L C
ca1T74 '� (N• O C
1=+O+ By Garnet W.Elliott,Assistant Secretary N
0= :a3
j COMMONWEALTH OF PENNSYLVANIA ss D
O M COUNTY OF MONTGOMERY >M
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� v t
On this 21St day of December A.D. 2000 , before me, a Notary Public, personally came the individual, known to +.C
> y me to be the therein desgfbed 4yidual and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled N
3 ged that he executed e Sartze arilffiat the seat affixed to the said preceding instrument is the corporate seal of said company;and that said corporate C C`o
Z v seal and his signatu d t e t6mas dulyaffixed and subscribedto the said instrument by authority and direction of the said company. 00
IN TESTIMONY_,"l tt REOF f 1t§reUnfo set my hand and affix my official seat at Plymou Meeting;P ,the day and year first above written. O 1
F Notary Public
r _ _ CERTtFtCATE
I, the undersigned1si'tan°t$��tary of Liberty Mutual insurance Company, do hereby certify that the original power of attorney of which the
foregoing is a full,true and6b-fetcopy,is in full force and effect on the date of this certificate;and 1 do further certify that the officer who executed the
said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fact as provided in Article
XVI,Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance
Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appearing upon a certified
copy of any power of attorney issued by the company, shall be valid and binding upon the company with the same force and effect as
though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company;this 19th day of
April 2004
stant Secretary
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER December 21 Y0 02
i
,T �,, CITY,,�F RENTON
.� Office of the City Attorney
R
Lawrence J.Warren
Jesse Tanner,Mayor
I
MEMORANDUM
MAY
l�'X
To: Michael Webby, FIR& RM Administrator
CITY OF RENTON
From: Lawrence J. Warren, City Attorney
Date: May 10, 2001 MAY 15 2001
Subject: Surety Rider and Assumption Certificate RECEIVED
CITY CLERK'S OFFICE
The surety rider and assumption certificate(to change surety companies and to change the name of
the principal from US West to Qwest) are approved as to legal form. The city clerk should have a
signed copy for her records.
These documents are basically bookkeeping changes. They may be signed by risk management,
Gregg or his designee handling right-of-way permits.
i:4 '-
Lawrence Warren
LJW:tmj
cc: Jay Covington
Gregg Zimmerman
RECEIVED
MAY 15 2001
CITY OF RENTON
PUBLIC WORKS ADMIN
Post Office Box 626 - 100 S/2�n�d Street Renton, Washington 98057 - (425) 255-8678
Krista M. Strom Marsh USA Inc.
Assistant Vice Presia nt 1215 Fourth Avenue
Suite 2300
Seattle,Washington 98161-1095
206.613.2648 Fax:206.613.2523
krista.m.stromberg@marsh.com
MARSH
An MMC Company
April 23, 2001
City of Renton,WA D
City Hall 1 201
MAY
1055 S. Grady Way -
Renton, WA 98055
Re: U S WEST Communications,Inc. By
Assumption of Liability Certificate
Name Change Rider
Blanket Right of Way Permit Bond-Per Ordinance No. 1620
United Pacific Insurance Company
Bond No.U503345-12
To Whom It May Concern:
Marsh USA Inc. is the surety broker for Qwest Communications International,Inc. Qwest is
changing their surety from United Pacific Insurance Company to Liberty Mutual Insurance Company
effective April 1,2001. Enclosed please find Qwest's written request to accomplish this change.
Included is an Assumption of Liability Certificate from Liberty Mutual Insurance Company and a
Surety Rider issued by Liberty Mutual Insurance Company which changes the name of the Principal
on the bond to the renamed Qwest entity.
We request that the Assumption Certificate and Surety Rider both be accepted effective April 1,
2001 As evidence of your acceptance of these transactions please sign the copies of both documents
that are enclosed and return them in the attached pre-addressed postage-paid envelope as soon as
possible.
If you have any Questions or concerns please contact me. Thank you very much for your assistance.
Sincerely yours,
Krista M. 5tromberg
Surety Department
cc: Mindi Rosen,Qwest Communications International Inc.
Enclosures
Bonnie Walton- Re: Qwest Corp Page 1
*.r w'
From: Neil Watts
To: Petersen, Marilyn
Date: 5/30/01 1:06PM
Subject: Re: Qwest Corp
Hopefully, some day we will have a "Master Use Permit"with these folks, which will be comparable to a
franchise agreement. When time allows,we will initate discussion on such an agreement, but that is at
least one or two years away.
>>> Marilyn Petersen 05/30/01 12:04PM >>>
Another question...what kind of a file is this? Will we have a franchise eventually? We don't normally
receive street bonds...they are usually filed with Finance or with your department. Could you give me an
idea of what's going on with Qwest so I will know how to set this up? Thanks.
>>> Neil Watts 05/30/01 10:08AM >>>
I think you should probably set up a file for QWest, starting with this document. Could we have a copy for
our working file?
>>> Marilyn Petersen 05/30/01 09:03AM >>>
The city attorney has forwarded the original Qwest Corporation (fka US West Communications, Inc.)
assumption of liability certificate which changes the name of the company and provides a blanket
right-of-way permit bond (per ordinance 1620). We do not have a current franchise with US West or
Qwest, and therefore, do not have a current file. Is this document something you normally have on file or
should we set up a file for it? Thanks, Marilyn
CC: Illian, Jan
Bonnie Walton - Fwd: Re: Qwest Corp Page 1
From: Marilyn Petersen
To: Bonnie Walton
Date: 5/30/01 2:06PM
Subject: Fwd: Re: Qwest Corp
Bonnie, please set this up as a Master Street Use Permit(proposed). I guess that's as good as it's going
to get for now.
Repealed by Ordinance #2879
ORDINANCE NO. 1620
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON
RELATING TO THE REGULATION OF CUTTING, UNDER-
MINING, DIGGING UP, EXCAVATING, TUNNELING, OR
OTHER DISTURBANCE OF STREETS, ALLEYS, PAVEMENT
OR IMPROVEMENT, PROVIDING FOR THE ISSUANCE OF
A PERMIT, INSPECTION, AND PROVIDING A PENALTY
FOR THE VIOLATION OF THIS ORDINANCE AND REPEAL-
ING ANY AND ALL ORDINANCES OR PARTS OF ORDIN-
ANCES IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF RENT ON AS FOLLOWS:
SECTION I: It shall be unlawful for any person, firm or cor-
poration to cut up, dig up, undermine, break, excavate, tunnel or in any
way disturb or obstruct any street, alley, or any street pavement or im-
provement in the CT.ty of Renton without first having obtained written
permission as hereinbelow provided; Provided, however, that in case
of an emergency occurring outside of regular office hours whenever an
immediate excavation may be necessary for the protection of life or
public or private property, such matter shall be reported immediately
to the street commissioner or city engineer of the City of Renton who
may thereupon grant permission to make the necessary excavation upon the
express condition that an application for a permit be made in the manner
herein provided, on or before noon of the next following business
day.
SECTION II: The Street Commissioner shall grant such permit
only upon compliance with the following terms and conditions:
( a) The party requesting such permit shall make
application in writing and simultaneously there-
with file with the City Engineer a plat showing
the location and plan of the excavation, cutting
or other work desired to be done, and the street,
alley or place to be so used, together with a
full description of the nature of the work. The
City Engineer and Street Commissioner shall there-
upon examine such application and plat, and if
the same shall be approved and a proper perform-
ance bond filed, as hereinafter provided, the
Street Commissioner may thereupon issue a permit.
-1-
(b) Such permit shall specify the place where such
acts are to be performed and done, together with
a description of the proposed work to be done
under such permit; the length of time allowed
for the completion thereof; the permittee shall
further be required to replace, to its former
condition, whatever portion of the street, alley,
pavement or improvement that may have been dis-
turbed or affected in any way during such work,
and such permit may further specify whether the
City elects to do the work of restoring the
surface as hereinafter provided.
(c) The acts and work permitted under such permit,
and the restoration to its former condition of
such street, alley, pavement or improvement,
shall at all times be performed under the super-
vision and control of the Street Commissioner,
but at the sole cost and expense of the permit-
tee .
(d) In making any excavation, cut or break in any
public street, avenue or alley, the materials
thus excavated from the trenches thereof not
otherwise suitable for backfilling shall be dis-
posed of as directed by the Street Commissioner.
All such excavations shall be backfilled with
approved materials and shall be fairly compacted
by water or mechanical tamping.
(e) The maximum length of any open trench during such
work shall at no time exceed 200 lineal feet, ex-
cept when otherwise granted by special written
permission from the Street Commissioner.
(f) All existing storm sewer f-sailities and other
utilities that are moved or disconnected during
such work shall be replaced immediately as direct-
ed and all excavated areas shallbe cleaned thorough-
ly and swept immediately after b&filling and after
completion of compaction. A concrete saw shall be
used to out all pavement so as to produce a reason-
able square and true edge without spalling or crack-
into adjacent pavement.
(g) If the Street Commissioner so elects, all excavated
materials at intersections shall be removed and
disposed of and planks placed over trenches so as
to provide safe and adequate passage for vehicular
and pedestrian traffic at all times.
(h) In excavating any public street, avenue or alley
the surface material and earth removed must be kept
separate and deposited in a manner that will occa-
bion the least inconvenience to or interference
with the public, with adequate provision for proper
surface drainage and safe passage for the traveling
public. Such surface or pavement, after refilling,
shall be placed in as good condition and wear as it
existed immediately prior to the excavations. If
the permittee shall fail to complete such work and
restore such street, alley, pavement or improvement
before the expiration of the time fixed by such
-2-
permit, the Street Commissioner shall, if he
deem it advisable, cause such work to be done
by the City or any other party in order to return
such street, alley, pavement, improvement or place
to its original and proper condition as it existed
immediately prior to such excavation; in such case
the permittee shall be liable unto the City for any
and all work performed and the City shall have the
right to proceed against the performance bond filed
by said permittee as herein provided. The City
shall have a right of action against such permittee
for all fees, expenses and costs paid out and in-
curred in connection with such work, not otherwise
covered by saidon&
(i) The permittee as au/contion to the issuance of such
permit shall warrant and guarantee unto the City
the work performed and the retoration of said prem-
ises for a period of two years from the date of
oompletion of such work.
( j ) The Street Commissioner shall have the right to
elect, and to specify such election on thepermit to
be issued that the refilling of all trenches made
in a public street, alley or highway, and the re-
paving or resurfacing thereof, may be done by the
City of Renton and any and all costs and expenses
in connection therewith to be charged to and paid
by the permittee and/or the sureties of his perform-
ance bond. Such bond shall be in an amount not less
than the anticipated cost of the work to be done.
SECTION III: The fee for such permit shall be the sum of Ten
Dollars ($10.00) , provided any such excavations do not exceed 25 lineal
feet in length, and in addition to said sum of $10.00 a sum of 15 cents
per lineal foot over and above said 25 lineal feet. The Street Commis-
sioner shall furnish specifications for street, alley, and roadway
restoration to the permittee.
SECTION IV: Such permit shall be issued in triplicate and
one copy thereof shall be forthwith filed by the Chief of Police, one
copy with the City Clerk, who shall also be notified when the street,
alley, or other improvements shall be restored to their former condition
as required by this ordinance. Immediately upon the completion of the
acts or work allowed under such permit, written notice thereof shall
also be given to the Street Commissioner by the permittee. Any delay
after such completion, in giving such written notice to the Street
Commissioner, or the Chief of Police, shall render the permittee liable
-3-
upon his bond in the sum of not less than Twenty-five Dollars ($25-00)
for each day of any such delay.
SECTION V: The Street Commissioner may, if in his judgment the
nature and type of work be such as to require inspection thereof,
either during the progress of such work or after the premises affected
have been restored to its original condition, or at both said times.,
inspect the same at the expense of the permittee and said permittee
shall pay an inspection fee of $ 3 per elm r.
SECTION VI: The applicant for any such permit, prior to the
issuance thereof as herein provided, shall execute and deliver unto the
City of Renton and file with its City Clerk a performance bond in such
amount as shall be fixed by the Street Commissioner with sureties to
be approved by the City Clerk, which bond or any additional bond and/or
separate liability insurance coverage shall also provide that the appli-
cant will keep and save the City harmless from any and all claims, lia-
bilities, judgments, loss, damages and expenses arising from any acts
which said permittee may do under the permit, or which may be done by
any of his agents , servants, representatives or employees in excavating
or disturbing any such alley, street, pavement or improvement, or by
reason of the violation of any of the provisions of this ordinance; and
to otherwise fully warrant the work and acts required hereunder for a
period of two years.
SECTION VII: In case any public street, alley, paveraent, im-
provement or place shall be dug up, excavated, undermined, cut or dis-
turbed., the permittee shall cause to be erected and maintained around
the portion of the street, alley, pavement, improvement or place so dis-
turbed, such barriers, lights, signs, flagmen and other safety devices
as may be required by the Street Commissioner and the Police Department
of the City of Renton, and failure to do so shall constitute a violation
of this ordinance.
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SECTION VIII: Any person, firm or corporation violating any
of the provisions of this ordinance shall be deemed guilty of a mis-
demeanor, and upon conviction thereof shall be fined in any sum not to
exceed One Hundred Dollars ($100.00) 'or imprisoned in the City Jail
for not more than thirty (30) days, or by both such fine and imprison-
ment.
SECTION IX: Any and all ordinances or parts of ordinances in
conflict herewith are hereby repealed and superseded.
SECTION X: This Ordinance shall be effective from and after
its passage, approval and legal publication.
PASSED BY THE CITY COUNCIL this day of June, 1957•
a.('4
.T JLJ
ity vClerk
APPROVED BY THE MAYOR this day of June, 1957-
Jo R. Baxter, Mayor
Approvedi as to form:
Gerard M. Shellan, City Attorney
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