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HomeMy WebLinkAboutPermit •• � . PAG-95-003 S • I { 0������� l CITY OF RENTQN � MASTER STREET USE PERMIT ' � SECTION l. Grant of Master Street Use Permit: There is hereby given and graziteti x unto MCI Metro Access Transrnission Services, Inc., ("METRO") a Delaware corperration, its successors and assigns for a period of 15 years from the taking effect of this Pernut, the right, �I privilege, and autharity ta lay down,r,ranstruct,aperate, maintain, replace, alter, rarnove and repair I one or more commur�ication lines,together witth all ea,uipment support structure and appurte:nances thereto {System), for the telecommunications under, along, over, below and thrau�h certain public right-of-ways and other public lands within the City of Rentan. _ SECTI4N 2. Nan-Fxclusive Permit: This Pernut is gramed upon the e�ress canditian � I that it sha11 not be deemed or held to be an�clusive Pernut in,along,aver,through,under, t�low, or across any af said public right-of-ways, public tharoughfares, sidewalks and public utility � easements within the City of Renton, and such Perrnit sha11 in no way prevent or prohibit the City ' af Renton or its tenants from using, except as ailowed in Section b herein, any of said roads, i streets or other public or tenant properties c�r affect its jurisdiction over them or any part of them, with full power to make all necessary changes, relocations, repairs, maintenance, establishment, irnprovement, dedication of sanne as they may deem fit including the dedication, estabiishrnent I; maintenance and improvement of a1I new right-of-ways and tharoughfares and other public ' tee herein ees and caveniants at its praperties of every type and description. METRO, as Gran , agr sole cast and expense to protect, support, temporarily disconnect, relocate or remove frarn any street any of its instaliations when so required by the City of Renton by reason of traffic canditians, public safety, street vacations, dedications of new right-of-ways and the establishment and improvement thereof, freeway construction, change or estabtishment of street grade or the construction of any public improvement or structure by any Government agency actin:g in a Government capacity, provided that Grantee shall in all such cases have the privilege to I � I . , .� . temporarily by-pass, in the authorized portion of the same street, upon approval by the City of �; Rentoq any section of the System required to be temporarily disconnected or removed. � SECTION 3. Permit & Sunervision of Installation: Prior to commencement of ,� construction or maintenance work under this Pernut, a construction pernut will be obtained from �°' the City by Grantee. All construction and installation in public right-of-ways shall be done under the supervision of the duly authorized representative of the Planning/Building/Public Works Administrator. Grantee shall timely submit unto the Planning/Building/Public Works AdministraK;:, prior io any such work, detailed plans and specifications of any such proposed work, showing the location of the proposed installation and the vertical and horizontal separation of utilities pursuant to City standards. The location of the proposed work on public property in a _ street,municipal airport, in a public right-of-way, or other public area shall be subject to approval � of the Planing/Building/Public Works Administrator. Such approval shall be given in writing and I shall not be unreasonably withheld. The City reserves the right to require the Grantee to locate existing utilities by pot holing or other mea.ns of installation which boring is proposed, or for installation in which there is reasonable concern that existing utilities might be damaged. '� SECTION 4. Accentance Bv Grantee: This Pernut shall be void if Grantee shall not II within thirty (30) days of the adoption of this Permit, file its written acceptance thereof with the Administrator of Planning/Building/Public Works Department of the CiTy of Renton. SECTION 5. Construcdon Standards: All components of the System and other components of any communication line to be placed within any street, public right-of-way, municipal airport, or other public property sha11 be designated, manufactured and installed in accordance and in full compliance with industry standards and applica.ble ordinances. Permanent Records: The Grantee shall at a11 times keep full and complete plans, profiles and records showing the location, installed depth and size of all of its installations and systems heretofore laid in the City and hereafter installed. Such plans and records shall be kept cunent by the Grantee. As-built plans and records shall be available to the City at all times upon request during normal business hours. MASTER STREET USE PERMIT Page 2 of 8 �. ____ _ SECTION 6. Proner Barricades: Avoidance Locations:, During any period of � constructioq a11 surf�ce structures, if any, sha.11 be erected and used in such places and positions :� within said public right-of-ways 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 a11 times post and maintain proper barricades during such period of construction as required by � the laws and statutes of the state of Washington. Grantee sha11 avoid the use of major arterials and recently constructed or paved overlaid street as much possible. When Grantee notifies City of its intent to undertake con.,�tr,:�:;,n, ur when Grantee requests City to provide information and details on City's cunent and planned capital improvements projects, City shall notify Grantee of current and planned capital improvement projects, providing infonnarion and details regarding same, so that Grantee may coordinate its construction projects with the improvement projects of the City. - Grantee aclrnowledges City's desire that Grantee avoid the use of major arterials and recently constructed or paved overlaid streets. Grantee sha11 make reasonable efforts to accommodate the City's desire. Where commercially practical and when not in conflict with the City Code the Grantee may attach its cable to existing utility poles subject to agreement with pole owners and the City's variance procedure from undergrounding electrical and communication systems. All components of the System constructed and installed by the Grantee underground within the City of Renton sha11 be located in approved locations, buried and installed to a depth of not less than three feet and as otherwise provided for in the aforesaid Code, the laws of the state of Washington and the ordinances of the City of Renton, now or hereafter in force, regulating such installations. Grantee shall establish and maintain at a11 times adequate facilities on the portion of each of the systems installed under the authority of this Pernut and elsewhere on the System to promptly localize operational problems and to minimize the effects thereon on City streets. Approved traffic control plans sha11 be utilized for each installation when working in the public right-of-way. The Manual on Uniform Traffic Control Devices for Streets and Highways, Part VI, or the most current version thereof shall be followed. MASTER STREET USE PERMIT Page 3 of 8 t • SECTION 7. Renair of Citv Facilities: Grantee, its successors and assignees, hereby ��� agrees and covenants to promptly repair any damage to City or tenant properiy caused by Grantee's 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 i delay and at Grantee's sole cost and expense, reasonably 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 caused by the Grantee to said streets, avenues, roads, alleys, lanes, public places and ways, to the pavement, turnouts, gutters, ditches, waiics, poles, pipes, plantings, rail, bridges,trestles, wharves or landings, and/or other appurtenances and improvements, the Grantee shall repair, as soon as reasonably practical, such damage at its sole _ cost and expense. Grantee shall comply with a11 ordinances and regulations of the City of Rentoq - Washingtoq regarding such excavation and whenever deemed necessary by the Planning/Building/Public Works Administrator sha11 be required to post a performance bond in favor of the City wartanting, among other things,that such restoration work will be done promptly f to a condition reasonably equal or better than the original condition and in a proper, worlcrnatilike manner. SECTION 8. Hold Harmless;Insurance: Grantee, its successors and assignees, hereby rees and covenants to inde ' and hold harmless the Ci of Renton from and ag mcuf�' tY agauist any and all liability, loss, cost, damage, whether to persons or property, or expense of any type or nature to the extent it arises 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 Pernut; provided, however, that in case any suit or action is instituted against the City by reasons of any such damage or injury, the City sha11 (i) cause written notice thereof to be given unto Grantee and (u) give Grantee a11 reasonably requested assistance in defense or settlement of such claim at Grantee's expense, and (iii) grant to Grantee the right to control the defense or settlement of such claixns. MASTER STREET USE PERMIT Page 4 of 8 INSURANCE: 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 Pernut, public liability insurance naming the City of Renton as an additional insured with coverage not less than . $1,000,000 per person, $5,000,000 per accident, and property damage liability of not less than $500,000. SECTION 9. Forfeiture: If Grantee shall fail to comply with the provisions of this Pernut,the City may serve upon Grantee a written order to so comply within sixty(60) days from the date such order is received by Grantee. If Crrantee is not in compliance with*.his Pernut afier _ expiration of said sixty (60) day period, the City may, by ordinance, declare an immediate termination of this Pernut; provided, however, if any failure to comply with this Permit by Grantee _ cannot be corrected with due diligence within said sixty (60) day period (Grantee's obligation to - comply and to proceed with due diligence being subject to unavoidable delays and events beyond its control), then the time within which Grantee may so comply shall be extended for such time as may be reasonably necessary and so long as Grantee commences promptly and diligently to effect such compliance. Upon termination the City sha11 have the right to require the Grantee to remove any and a11 of its System within the City of Renton, all at the Grantee's cost and expense, and to promptly and timely restore a11 roads and other public properties to the reasonably same condition immediately prior to any such forfeiture and termination. SECTION 10. Citv's and Grantee's Reservation ofRiQhts: The City of Renton reserves unto itself the right and power at a11 times to exercise its police powers as specifically pertains to the time,manner, and placement of Grantee's facilities. SECTION 11. Preservation of Construction RiQhts: The laying, construction, installation, maintenance and operation of the System and facilities in connection therewith sha11 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 two working days written notice or notice by "One-Call" Utility Locate System of any such blasting, grading or MASTER STREET USE PERMIT Page 5 of 8 y , excavating so that Grantee may take proper steps to protect its communication line and facilities �_ except in the event of an emergency. r• SECTION 12. DamaQe: Iniuries &Loss: Except for damage, injury or loss caused by ;�� the City of Renton under Section 11,Grantee sha11 have no recourse whatscever against the City of �,: Renton for any loss, cost, expense, or damage arising out of any provision or requirement of this Pernut or the enforcement thereof. This Pernut does not relieve the Grantee of any requirement of any City ordinance, rule or regulation,or specifica.tion of the City, including but not limited to any requirement relating to street work, street excavation permits and fces therefore, or the use, removal or relocation of property and streets. No privilege nor exemption is granted or conferred unto Grantee by this Pernut except those specifically prescribed herein, and any such privilege _ claimed under this Pernut 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 13. Yacation of Right-of-Wav: In the event the use of any Permit is permanently discontinued, or no Permit has been obtained therefore upon expiration of this Permit, or within tlurry(30)days after any termination of this Permit,then Grantee shall promptly remove � from the streets and other properties a11 its facilities, other than any the City may permit to be temporarily or permaxiently abandoned. OWNERSHIP TRANSFER: This Master Strcet Use Pernut may be assigned to a successor or assigns with the prior written consent of the City of Renton, which consent will not be ' unreasonably withheld. Notwithstanding the foregoing, Grantee shall have the right, wifhout prior �, notice or written consent of the City of Rentoq to assign this Permit to any subsidiary, parent, affiliate or company having common control with Grantee. SECTION 14. To Insure Performance: The Grantee shall, within (10) days after the acceptance of this Pernut by Grantee, file with the City of Renton Planning/Building/Public Works Department and at all times thereafter maintain full force and effect an acceptable security device or escrow account effective for a one year period, with automatic renewals unless otherwise canceled upon thirty (30) days written notice to the City. In the event Grantee shall fail to MASTER STREET USE PERMIT Page 6 of 8 . � . substantially comply with any one or more of the provisions of this Pernut, then there sha11 be recovered jointly and severally from the principal and surety of such security device or escrow account any damages suffered by City as a result thereof, including the full amount of any compensation, indemnification or cost of removal or abandonment of properties hereinabove described, up to the full amount of the said bond, said condition to be a continuing obligation for the duration of this Pernut and thereafter until Grantee has liquidated all of its obligations within the City of Renton which ma.y have arisen from the acceptance of such Pernut by the ('Jrantee or from its exercise of any such privilege herein grante�. Ti►e security device or escrow accouirt initially filed in accordance with the requirement of this section sha11 be in the amount of Thirteen Thousand Dollars ($13,000.00). In the event of substantial change in volume of street space _ occupied by Permit properties, the City may permit or may require a corresponding change in the � amount of such security device or escrow account. SECTION 15. Svstem Expansion: Upon application to the City of Renton Planning/Building/Public Works Department by Grantee, the Planning/Building/Public Works Department may authorize Grantee to install, construct and/or retain in City streets additional ' System expansion,as contemplated in Section 1 hereof, in a manner satisfactory to the Department i of Planning/Building/Public Works; such additional installations sha11 be subject to a11 of the terms and conditions of this Pernut and to any such additional conditions as may be prescribed by the II Department of Planing/Building/Public Works as to any such additions. 'I SECTION 16. Fee for Administrative Cost and Street Use:. With this Permit, Grantee sha11 pay unto the City of Renton an administrative cost of Ten Thousand Dollars ($10,000.00) for the first year and shall pay administrative expenses as incuned by the City annually but not less than$1,500.00 thereafter on January lst of each year. In addition, a pernut fee for each individual project sha11 be imposed for plan review and inspection cost recovery. SECTION 17. Notice: Any notice or information required or permitted to be given to the parties under this franchise agreement may be sent to the following addresses unless otherwise specified: MASTER STREET USE PERMIT Page 7 of 8 . � ..` , � . MCI Metro Access Transmission MCI Metro Access Transmission Services,Inc. Services, Inc. Attn: President Office of the General Counsel 2250 Lakeside Boulevard 2400 N. Glenville Drive �i Richardson,Texas 75082 Richardson,Texas 75082 ' Fax: 214-918-1999 Fax: 214-918-6927 City of Renton Lawrence J.Warren ' Attn: Planning/Building/Public Works Warren, Kellogg,Barber, Dean& Administrator Fontes, P.S. 200 Mill Avenue South P.O. Box 626 Renton,Washington 98055 Renton,Washington 98057 Fax: 206-235-2541 Fax: 206-255-5474 �i CITY OF RENTON � II BY: G�� �� DATE •��o�-�i95� - � ' Earl Clymer, Mayor ATTEST \ �r✓ DATE 7- �D - 9�/ Marilyn J. Pei�rs�City Clerk APP . D AS TO FORM: O,c,�� DATE �L��O/9,� , Lawrence J. e , City Attorney � � ACCEPTED BY GRANT'EE,MCI METRO ACCESS TRANSMISSION SERVICES, INC.,this G�5 da of `yh(�� , 1995. � � .�%'�7Y��-� TITLE Vice President Steven D �han�nQin ` � � \� y� .._ TITLE: Assistant Secretary Atte�sted by: Ric ard Strom City13:50:as. (Corporate Seal) MASTER STREET USE PERNIIT Page 8 of 8