Loading...
HomeMy WebLinkAboutORD 5160CITY OF RENTON,WASHINGTON ORDINANCE NO.5160 AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON, GRANTING UNTO SPRINT COMMUNICATIONS COMPANY L.P.,A DELAWARE LIMITED PARNERSHIP,ITS SUCCESSORS AND ASSIGNS,THE RIGHT,PRIVILEGE,AUTHORITY AND MASTER USE AGREEMENT TO INSTALL TELECOMMUNICATION FACILITIES TOGETHER WITH APPURTENANCES THERETO,UPON,OVER, UNDER,ALONG,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,WASHINGTON,DOES ORDAIN AS FOLLOWS: SECTION I.Master Use Agreement There is hereby given and granted unto Sprint Communications Company L.P.,a Delaware Limited Partnership,its successors,and assignees for a period of to-years from the effective date of fhls 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 of Renton. The following City codes shall apply to this agreement in their entirety: City Code 4-2-080A 5-19-05 4-4-140 5-19-07 4-2-070 5-19-08 4-5-050B 5-19-09 4-11-230 5-19-10 1 ORDINANCE NO.5160 SECTION II.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 ofRenton.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.Sprint Communications Company L.P.,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 of Renton,upon not less then ninety (90)days prior written notice.("Relocation Notice").The Relocation Notice shall specify the applicable City Project,the "Cause"of the relocation and any alternate right of way available for relocation -Cause for the City of Renton to issue such Relocation Notice shall be the City's reasonable determination that Grantee's Facilities will conflict with a City Project. "City Project"is the project necessitating the relocation,which City project must primarily benefit the public (and not directly,or indirectly,primarily benefit a private entity or entities or other commercial enterprise).Examples of City Projects include but are not limed to 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 2 ORDINANCE NO.5160 Government capacity for the benefit of the public generally ("City Project").The parties acknowledge and agree that when a relocation is requested in connection with a project primarily benefiting or facilitating a planned development of a private entity,business owner or commercial concern,the party or parties benefiting from the utility relocation should bear the cost Qfutility relocation.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 Project,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 permanently relocate any Facilities due to such Project 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 ofwritten Relocation 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 accommodate the work,which would otherwise necessitate relocation of the Facilities.If so requested by the City,Grantee shall submit additional relevant information to assist the City in making such evaluation.The City shall 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 determines not less than fifteen (15)days from the commencement of such work by the City that there is no other reasonable alternative,Grantee shall relocate its Facilities as otherwise provided in this Section. 3 ORDINANCE NO.5160 SECTION ID.Location ofFacilities: The location offacilities shall be underground or in accordance with City code 5-19-5(1) 1 through 4 as conditions warrant. SECTION IV.Master Use/Franchise ConstnJction 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 PlanninglBuildinglPublic 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 shan 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 UselFranchise Construction permit fee is stated in Section 18 of this agreement document. SECTION V.System Components: AIl 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 designated,manufactured,and installed in accordance and in full compliance with industry standards and applicable ordinances. 4 ORDINANCE NO.5160 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 Record,'(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 oftraffic 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 ofthe State of Washington.The Grantee shall avoid the use of arterials as designated by the City ofRenton 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 of not less than three feet and as otherwise provided for in the aforesaid Code,the laws ofthe 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 ofthe systems installed under the authority of this 5 ORDINANCE NO.5160 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. AU truck,vehicles,and equipment working in City right-of-way shall be marked with company logo,including company name and phone numbers. 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 oCthe Manual on Uniform Traffic Control Devices (MUTCD)for all work within the public right-or-ways. The Grantee shan 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 YIn.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 ofevery 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, 6 ORDINANCE NO.5160 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 ofRenton,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. All restoration of public streets,sidewalks,and other amenities shall conform to current City of Renton Standard Specifications for Road,Bridge and Municipal Construction and the City ofRenton's Trench Restoration Standards.As a condition of receiving the right to work within the public right-of-way,Sprint Communications Company L.P.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 Sprint Communications Company L.P. SECTION IX.Hold Harmless Agreement: The Grantee,its successors and assignees,agrees and covenants to indemnify and hold harmless the City ofRenton from and against any and all liability,loss cost,damage,whether to persons or property,or expense ofany type or nature to the extent it arises (collectively, "Claims")from any negligent act or omission or willful misconduct of Grantee,its successors 7 ORDINANCE NO.5160 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 ofthe 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): Sprint Communications Company L.P.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; 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 of not 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 ofumbreUa coverage,with limits of not less than three million dollars ($3,000,000). 8 ORDINANCE NO.5160 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 ofthe Agreement,comprehensive general liability insurance naming Grantee and the City ofRenton as additional insured with coverage as stated above. It is hereby understood and agreed that this policy may not be canceled until 30 days after receipt of a written notice addressed as required by such intent to cancel. 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 of this 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 shaH 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. 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 oftime will not be unreasonably withheld as determined by the City. 9 ORDINANCE NO.5160 SECTION XU.Reservation ofRights (Code 5-19-12)(D): The Grantee acknowledges that its rights hereunder are subject to the legitimate rights of the police power of the 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 of the 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 ofthis 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 of the 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. 10 ORDINANCE NO.5160 SECTION XIll.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 of any provision or requirement ofthis Agreement or the enforcement thereof.This Agreement does not relieve the Grantee of any requirement of any City Ordinance,rule or regulation,or specification ofthe 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.However,upon written consent by the City,Grantee may leave any facilities temporarily or permanently abandoned within the streets or other properties. SECTION XV.Ownership Transfer (Code 5-19-10(T)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 ofRenton,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 11 ORDINANCE NO.5160 corporate reorganization of any entity controlling,controlled by or under common control with Grantee shall not be deemed a transfer of assignment. SECTION XVI.Security Device (Code 5-19-1 O(Q): The Grantee shall,within (10)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 or abandonment of properties herein above .described,up to the full amount ofthe 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 F.ive 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 ofBuildingIPlanninglPublic Works by the Grantee,the Department ofPublic 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 ofPublic Works.Such additional installations shall be 12 ORDINANCE NO.5160 subject to all ofthe terms and conditions of this 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,.Sprint Communications Company L.P.,its successors and assignees)agrees to pay annually to the City ofRenton from and after the date of acceptance oftlis Agreement and during the period it shall remain in effect a yearly recurring fee of $3,000.00 for the nse of the public rights-of-way within the City of Renton. Payment to the City will be made to the Finance and Information Service Administrator on or before August 1st of each year during the period that this Agreement shall remain in effect Master UselFranchise Construction Permit Fee is $50.00.Inspection rate is billed at $40.00 an hour. 13 ORDINANCE NO.5160 Sprint Communications Company L.P.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. Sprint Communications Company L.P. Attn:Transaction and Project Services Mailstop:KSOPHTOIOI-Z2040 6391 Sprint Parkway Overland Park,Kansas 66251-2040 Forward copies of notices of default to: Sprint Communications Company L.P. Attn:Real Estate Attorney Mailstop:KSOPHT0101-Z2020 6391 Sprint Parkway Overland Park,Kansas 66251-2020 Renton City Hall Attn:Jan IUian Development Services 6th Floor 1055 -S.Grady Way Renton,WA 98055 SECTION XIX.Effective Date: This Ordinance shall be in full force and effect from and after its passage,approval and five days after it legal publication as provided by law,and provided it has been duly accepted by Grantee as herein above provided. SECTION XX.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, 14 ORDINANCE NO.5160 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,remedial,removal or restoration work required by any governmental authority. PASSED BY THE CITY COUNCIL this 17th day of __..::-o..::-ct..::-o::.:b:::..:e::.:r:--__"2005. Bonnie 1.Walton,City Clerk APPROVED BY THE MAYOR this 1 7th day of __o=c=t:::..;o=b=e::..=r:-,2005. 1(~~-;)04_ Kathy K olker-Wheeler,Mayor Lawrence IWarre,ity Attorney Date of Publication:10/21/2005 (summary) ORD.1208:10/6/05:ma 15 ORDINANCE NO.5160 TITLE........=~-"'--' ACCEPTED BY GRANTEE,SPRINT COMMUNICATIONS COMPANY,L.P.tbis -----ii---"----_day of ~~--"-~-= Signature TITLE ~~__ Print Name 16