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HomeMy WebLinkAboutPermit PAG-96-003 , ������ �i�l 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 2 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 � . � . 3 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. 4 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 � ' 5 , .' 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 6 , 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. L � �. , 7 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 . • 8 � 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 � 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�}�' c�`�'`_ • �,!.r�_ �