HomeMy WebLinkAboutPermit PAG-96-003
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CITY OF RENTON
MASTER STREET USE PERMIT
FOR
WORLDCOM NETWORK SERVICES, Inc.
SECTION 1. Grant of Master Street Use Permit: Permission is granted WorldCom
Network Services, a Delaware Corporation ("WorldCom") for a period of ten years from the
effective date of this permit, the rights, privilege, and authority to lay down, construct,
operate, maintain, replace, alter, remove, and repair one or more communication lines,
together with all equipment support structures and appurtenances thereto (Systems), for the
telecommunications under, along, over, below, and through certain public rights-of-way and
other public lands within the City.
SECTION 2. Non-Exclusive Permit: This permit is granted upon the express condition that
it shall not be deemed or held to be an exclusive permit in, along, over, through, under,
below or across any of said public rights-of-way, public thoroughfares, sidewalks, and utility
easements within the City of Renton, and such permit shall in no way prevent or prohibit the
City of Renton or its tenants from using any of said road, streets or other public or tenant
properties or effect its jurisdiction over them or any part of them, with full power to make all
necessary changes, relocation's, repairs, maintenance, establishment, improvement,
dedication of, as the City deems fit, including the dedication , establishment, maintenance
and improvement of all new rights-of-way and thoroughfares and other public properties of
every type and description. WorldCom, 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 installation when so required by the City of Renton for reason of traffic
conditions, public safety, street vacations, dedications of new �ights-of-way and the
establishment and improvements thereof, freeway construction, change or establishment of
street grade or the construction of any public improvement or structure by any Government
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agency action in a Government capacity, provided that 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.
SECTION 3. Permits And Supe�vision of lnstallation: Prior to construction on Public
Properties a communication construction permit is required. Except in the case of an
emergency, prior to commencing construction or maintenance work on Public Properties,
Grantee shall first file with the City detailed plans, Specifications and profiles of the intended
work as may be prescribed by the Renton City Council and Planning/ Building/Public Works
Administrator, and shall receive an appropriate construction permit or permits from the City
prior to commencing such work. The location of any portion of the system in the street,
municipal airport or other public area shall be subject to approval of the Public Works
Administrator. The City reserves the right to require the Grantee to locate existing utilities
by pot holing or other means for installations in which boring is proposed; or, for installation
in which there is reasonable concern that existing facilities might be damaged. The Grantee
shall comply with all terms, conditions, standards and insurance coverage's as may be
required under the terms of the permit. All of the City's actual administrative expenses
directly related to such supervisions shall be paid by the Grantee to the City upon invoice.
SECTION 4. Acceptance By Grantee: This Master Permit shall be void if Grantee shall not
within thirty (30) days of adoption of this Permit file its written acceptance thereof with the
Administrator of Public Works for the City of Renton.
SECTION 5. Construction Standards: All components of the system and other
components of a communication line, to be placed within any street right-of-way, Municipal
Airport, or other public property shall be designated, manufactured and installed in
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accordance and in full compliance with industry standards, applicable Ordinances and
Codes.
Record of lnstallation (Permanentl: The Grantee shall at all times keep full and complete
plans, profiles and records showing the location, installed depth and size of all its installation
and systems heretofore 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, during normal business hours.
SECTION 6. Proper Barricades;Avoidance Locations: During any period of construction,
all surface structures, if any, shall be erected and used in such places and positions within
said public rights-of-way, and other public properties so as not to interfere with the free
� passage of traffic and the free use of adjoining property and tenants. Grantee shall at all
times post and maintain proper barricades during such period of construction as required by
the laws and statues of the State of Washington. The Grantee shall avoid the use of major
arterial 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 underground by Grantee within the
City of Renton shall be in approved location, 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 all times adequate facilities on the
portion of each of the Systems installed under the authority of this Permit, and elsewhere on
the System, to promptly localize operation troubles and to minimize the effects thereof on
City streets. Traffic control plans shall be approved by the City for each installation prior to
commencing work in the public right-of-way. The Manual of Uniform Traffic Control
Devices for streets and Highways, part VI shall be followed.
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SECTION 7. Repair of City Facilities: Grantee, its successors and assigns, 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 permit. Should it be necessary to make any excavation within any public
right-of-way, in the laying, construction, maintenance, 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, lanes, public places and ways, to
the pavement, turnouts, gutters, ditches, walks, poles, planting, 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, workmanlike manner.
SECTION 8. Ho/d Harm/ess; lnsurance: Grantee, its successors and assignees, agrees
and covenants to indemnify and hold harmless the City of Renton from and against any and
all liability, cost, damage, whether to persons or property, or expenses 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 Grantees work under this
permit, provided, however, that in case any suit or action is instituted against the City by
reasons of any such damage or injury, the City shall (i) cause written notice thereof to be
given unto Grantee and (ii) give all reasonable requested assistance in defense or settlement
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of such claim at Grantee's expense, and (iii) grant the right to�control the defense or
settlement of such claims.
lnsurance: 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 permit, public liability
insurance naming City of Renton as additional insured with coverage not less than
51,000,000 per person, 55,000,000 per accident, and property damage liability of not less
than 5500,000.
SECTION 9. Forfeiture: For the purpose of compelling compliance by the Grantee with all
the terms and conditions of this permit and the maintenance of said system and facilities in
good condition, City retains the right to end and terminate and fully forfeit the permit herein
I granted, within thirty (30) days after written notice unto the Grantee, whenever the Grantee
fails to comply with any of the material terms and conditions hereof. Upon forfeiture the
City shall have the right to require the Grantee to remove any and all of its system within
the City of Renton, all at the Grantee's cost and expense, and to promptly and in a timely
manner restore all roads and other public properties to the condition immediately prior to any
such forfeiture and termination.
SECTION 10. City's Reservation of Rights: The City of Renton reserves unto itself the
right and police power at all times to reasonably regulate in the public interest and for the
public welfare the exercise of all permit rights granted herein.
SECTION 11. Preservation of Construction Rights: The laying, construction, installation,
maintenance and operation of the System and facilities in connection therewith shall not
preclude the City of Renton, its authorized agents, contractors and representatives from
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blasting, grading, excavation or doing other necessary or public works over, unto, abutting,
or contiguous to Grantee's System provided, however, that Grantee shall be given two (2)
working days written notice of any such blasting, grading or excavating so that Grantee may
take proper steps to protect its communication line and facilities. I
SECTION 12. Damage & Loss: Grantee shall not have any recourse whatsoever against
the City of Renton for any loss, cost, expense, o� damage arising out of any provision or
requirement of this permit or the enforcement thereof. This permit 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 or exemption is granted or conferred unto Grantee by this permit except those
specifically prescribed herein, and any such privilege claimed under this permit by the
Grantee in any street shall be subordinate to any prior lawful occupancy of the street or any
subsequent improvements or installation therein.
SECTION 13. Vacation of Right-of-Way: If at any time the City shall vacate any street or
right-of-way or other City property which is then used for utility purposes pursuant to the
rights granted by this permit, the Grantor will, at the request of the Grantee, in its vacation
procedure, reserve an easement for any existing permit holder.
SECTION 14. Abandonment of Facilities; Ownership Tiansfer: In the event the use of any
permit property is permanently discontinued, or no permit has been obtained therefore upon
expiration of this permit, or within thirty days after any termination of this permit, then
r h r r i s all its facilities other
Grantee shall promply remove from the st eets and ot e p opert e ,
than those the City may permit to be temporarily or permanently abandoned in place.
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OWNERSH/P TRANSFER: This Master Street Use permit may not be assigned to a
successor or assigns without the prior written consent of the City Council of the City of
Renton. Such consent shall not be unreasonably withheld.
'� SECTION 15. /nsure Performance: The Grantee shall, within ten (10) days after the award
of this permit, file with the City of Renton Planning/Building/Public Works Department and
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 permit, and conditions that
in the event its Grantee shall fail to comply with any one or more of the provisions of this
I ermit then there shall be recovered 'ointl and severall from the rinci al and suret of
P 1 Y Y P P Y
such security device or escrow account any damages suffered by the City as a result
thereof, including the full amount of any compensation, indemnification, or cost of removal
or abandonment of properties herein above described, up to the full amount of the said
security device, said condition to be a continuing obligation for the duration of this permit
and thereafter until Grantee has liquidated all of its obligations within the City of Renton or
m h v ri n fr m h n e of such ermit b the rantee or from its exercise of
ay a e a se o t e accepta c p y g
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 Ten Thousand
Dollars (510,000). 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 16. System Expansion: Upon application to the City of Renton Department of
Public Works by Grantee, the Department of Public Works may authorize Grantee to install,
construct and/or retain in City streets additional system expansions, as contemplated in
Section 1 hereof, in a manner satisfactory to the Department of Public Works; such
additional installations shall be subject to all of the terms and conditions of this permit and
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to any such additional conditions as may be prescribed by the Department of Public Works
as to any such additions.
SECTION 17. Maste�Street use Permit Renewa/.• Application for the permit renewal may
be requested in writing to the Renton City Council. Consent for renewal shall not be
unreasonably withheld.
SECTION 18. Fee For Administrative Costs and Street Use: �th this permit, WorldCom
shall pay unto the City of Renton administrative expense of S10,000, for master permit
preparation and review in the fi�st year and for each succeeding year WorldCom shall pay a
Street Use fee annually in the amount of S 1500. In addition to the above, there is an
elecirical/commu�ications permit fee for each individual project which shall be imposed for
plan review and inspection cost recovery.
CITY OF REN ON
BY: .�,,� DATE: �o�/�' IG
Jes Tanner ayo
ATTEST• \ DATE: (�� �4 ' 9L
Marilyn J. se , City C1erk
APPROVED A FORM: I
��ATE: �I 9b
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City Attorney
UNCONDITIONAL ACCEPTANCE
The undersigned, WorldCom Network Service, Inc. hereby accepts all the righis and
privileges of the above granted Master Street Use Permit, subject to all the terms,
conditions, and obligations contained therein. v�rA�T�
` I FIAtI.E51flt
Signed By: � T1TLE 1.�,¢Rc�Or'ai- ROt�,! Ac�w S�}�'
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