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Home My WebLink AboutITEM V-B AGENDA BILL APPROVAL FORM Agenda Subject:Date: Ordinance No. 6326 August 26, 2010 Department:Attachments:Budget Impact: Public WorksOrdinance No. 6326 , Exhibit A, $0 Ordinance No. 5951 Administrative Recommendation: City Council to introduce and adopt Ordinance No. 6326. Background Summary: AT&T Corporation has applied for renewal of their current Public Way Agreement No. 05-51 which was authorized by Ordinance No. 5951 (please see attached document) and is set to expire on October 3, 2010. This agreement is for existing fiber optic conduit in the right of way along West Valley Highway between the north and south city limits. This fiber optic conduit does not service any customers inside the city limits. Per the terms of the current agreement AT&T Corporation may apply for up to four (4) additional five year term renewals with this renewal being the first of four. The current Public Way Agreement was reviewed by city staff and the applicant and it was determined that the agreement still meets the needs of the City and the applicant with only minor amendments to the agreement to reflect current Grantee contact information, remaining renewal terms and minor language usage regarding insurance. Ordinance No.6326 amends the current agreement to reflect these changes and authorizes AT&T Corporation’s fiber optic conduit to remain in the right of way for an additional five year term per the conditions set forth in PWA 05-51 upon filing with the City Clerk a Statement of Acceptance which is marked “Exhibit A” Reviewed by Council & Committees:Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD Fire Planning Park Board Public Works LegalPolice Planning Comm. OtherPublic Works Human Resources Action: Committee Approval: Yes No Council Approval: Yes NoCall for Public Hearing___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until___/___/____ Councilmember:Staff: Wagner Dowdy Meeting Date:Item Number: PCD – September 13, 2010 PWC – September 20, 2010 City Council – September 20, 2010 ORDINANCE NO. 6326 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN RELATING TO A PUBLIC WAY AGREEMENT WITH AT&T; AUTHORIZING THE RENEWAL OF PWA 05-51 AND AMENDING THE TERMS OF THE AGREEMENT WHEREAS, Grantee has applied to the City for renewal of PWA 05-51, which was authorized by Ordinance No. 5951; and WHEREAS, the City has reviewed the Grantee’s renewal application and determined that renewal of the Public Way Agreement authorized by Ordinance No. 5951 with minor amendments is in the best interest of the City and the citizens of Auburn, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. The City approves Grantee’s application for renewal with the amendments and under the conditions set forth in this ordinance. Section 2. Section 1, “Notice” of Ordinance No. 5951 is amended to read as follows; Grantee: AT&T Corp. Right-of-Way Engineering 3001 Cobb Parkway NW- Room 162 Atlanta, GA 30339 Sidney Anderson Telephone: (770) 953-5521(678) 627-5318; Fax(770) 953-5533(281) 664-4532 pjwomack@att.comsa2612@att.com Section 3. Section 3, “Terms of Agreement” of Ordinance No. 5951 is amended to read as follows ; A. This Public Way Agreement shall run for a period of five (5) years, from the date of execution specified in Section 5. B. Renewal Option of Term: The Grantee may renew this Public Way Agreement for up to four (4)three (3) additional five (5) year periods upon submission and approval of the application specified under ACC 20.04.120, as it now exists or is amended, within the timeframe set forth therein (currently 180 to 120 days prior to expiration of the then-current term). Any materials submitted by the Grantee for a previous application may be considered by the City in reviewing Ordinance No. 6326 August 26, 2010 Amendatory Renewal PWA 10-11 Page 1 of 5 a current application, and the Grantee shall only submit those materials deemed necessary by the City to address changes in the Grantee Facilities or Grantee Services, or to reflect specific reporting periods mandated by the ACC. Section 4. Section 15. “Insurance” of Ordinance No. 5951 is amended to read as follows; A. The Grantee shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the ConsultantGrantee, its agents, representatives, or employees in the amounts and types set forth below: 1. Automobile Liability insurance covering all owned, non- owned, hired, and leased vehicles with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. Ifnecessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. Coverage shall be written on ISO occurrence form CG 0001 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, and personal injury and advertising injury and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse, or underground property damage. The City shall be named included as an additional insured under the Grantee's Commercial General Liability insurance policy with respect to the work performed under this Public Way Agreement using ISO Additional Insured Endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Professional Liability insurance with limits no less than $1,000,000 per claim for all professionals employed or retainedby Grantee to perform services under this Public Way Agreement. 4. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Ordinance No. 6326 August 26, 2010 Amendatory Renewal PWA 10-11 Page 2 of 5 B. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: 1. The Grantee's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Grantee's insurance and shall not contribute with it. 2. The Grantee's insurance shall be endorsed to state that coverage shall not be cancelled by either party except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. D. Verification of Coverage. Grantee shall furnish the City with documentation of insurer's A.M. Best rating and with original certificates and a copy of amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant Grantee before commencement of the work. E. Grantee shall have the right to self-insure any or all of the above required insurance. Any such self insurance is subject to approval by the City. Section 5. Acceptance of Amendments A. This Amendment and any rights granted hereunder shall not become effective for any purpose unless and until Grantee files with the City Clerk the Statement of Acceptance, attached hereto as Exhibit “A”, and incorporated by reference. The date that such Statement of Acceptance is filed with the City Clerk shall be the effective date of the renewal, which the City has assigned “PWA 10-11”. B. Should the Grantee fail to file the Statement of Acceptance with the City Clerk within 30 days after the effective Date of the ordinance approving the Amendatory Renewal, said renewal and corresponding agreement will automatically terminate and shall be null and void. Ordinance No. 6326 August 26, 2010 Amendatory Renewal PWA 10-11 Page 3 of 5 Section 6. Implementation The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 7. Severability The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 8. Effective date This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as required by law. ADOPTED AND APPROVED this _____ day of _____________, 2010. CITY OF AUBURN ________________________________ Peter B. Lewis Mayor ATTEST: _______________________________ Danielle Daskam APPROVED AS TO FORM: _______________________________ Ordinance No. 6326 August 26, 2010 Amendatory Renewal PWA 10-11 Page 4 of 5 Daniel B. Heid City Attorney Ordinance No. 6326 August 26, 2010 Amendatory Renewal PWA 10-11 Page 5 of 5 EXHIBIT “A” STATEMENT OF ACCEPTANCE AT&T Corporation, for itself, its successors and assigns, hereby accepts and agrees to be bound by all terms, conditions and provisions of the Public Way Agreement attached hereto and incorporated herein by this reference. [Grantee] By: Date: Name: Title: STATE OF _______________________) )ss. COUNTY OF ______________________) On this ____ day of _______________, 2010, before me the undersigned, a Notary Public in and for the State of _____________________, duly commissioned and sworn, personally appeared, ______________________ of ________________________, the company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. Signature NOTARY PUBLIC in and for the State of ___________, residing at MY COMMISSION EXPIRES: ------------------------------ Ordinance No. 6326 August 26, 2010 Amendatory Renewal PWA 10-11 Page 1 of 1