HomeMy WebLinkAboutITEM VIII-B-1~ '
CITY OF
AUB~J~
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Resolution 4298 Janua 30, 2008
Department: Attachments: Budget Impact:
Public Works Resolution 42 98 and A reement $0
Administrative Recommendation:
City Council adopt Resolution No. 4298.
Background Summary:
The Olympic Pipeline Company has applied to th e City for a public way agreement to cover its existing
petroleum distribution line running through the City of Auburn.
W0204-5
03.10.9.3
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
^ Arts Commission COUNCIL COMMITTEES: ^ Building ^ M&O
^ Airport ^ Finance ^ Cemetery ^ Mayor
^ Hearing Examiner ^ Municipal Serv. ^ Finance ^ Parks
^ Human Services ^ Planning & CD ^ Fire ^ Planning
^ Park Board ®Public Works ®Legal ^ Police
^ Planning Comm. ^ Other ®Public Works ^ Human Resources
Action:
Committee Approval: ^Yes ^No
Council Approval: ^Yes ^No Call for Public Hearing _/_/_
Referred to Until _/_/
Tabled Until _/_/_
Councilmember: Wa ner Staff: Dowd
Meetin Date: Februa 4, 2008 Item Number: VI11.6.1
~tj$~,j~~ * MORE THAN YOU IMAGINED
RESOLUTION NO.4 2 9 8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A
PUBLIC WAY AGREEMENT BETWEEN THE CITY
OF AUBURN AND OLYMPIC PIPE LINE COMPANY,
INC.
WHEREAS, Olympic Pipe Line Company Inc. has applied to the City for
a non-exclusive Public Way Agreement for the right of entry, use, and
occupation of certain public rights-of--way within the City of Auburn, expressly to
install, construct, erect, operate, maintain, repair, relocate and remove its
facilities in, on, upon, along and/or across those right(s)-of-way; and
WHEREAS, on February 4, 2008, the Auburn City Council conducted a
public hearing to take public comments on Olympic Pipe Line Company's
application; and
WHEREAS, the City has reviewed Olympic Pipe Line Company's
application and the information received at the public hearing and has
determined that the location of Olympic Pipe Line Company's facilities within
the requested rights-of--way is in the best interest of the City and the citizens of
Auburn,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Resolution No. 4298
January 8, 2008
Page 1 of 3
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute a Public Way Agreement between the City of
Auburn and Olympic Pipe Line Company Inc. which. agreement shall be in
substantial conformity with the Agreement a copy of which is attached hereto,
marked as Exhibit "A" and incorporated herein by this reference.
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this day of , 2008..
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
Resolution No. 4298
January 8, 2008
Page 2 of 3
Resolution No. 4298
January 8, 2008
Page 3 of 3
CITY OF AUBURN PUBLIC WAY AGREEMENT WITH
OLYMPIC PIPE LINE COMPANY
This Public Way Agreement is entered into by and between the City of
Auburn, Washington, a municipal corporation ("City") and Olympic Pipe Line
Company, a Delaware corporation ("Grantee").
WHEREAS, Grantee has applied to the City for anon-exclusive Public
Way Agreement for the right of entry, use, and occupation of certain public
right(s)-of-way within the City of Auburn, expressly to install, construct, erect,
operate, maintain, repair; relocate and remove its facilities in, on, upon, along
and/or across those right(s)-of-way; and
WHEREAS, the City has reviewed the Grantee's application and
determined that the location of Grantee's facilities within the requested right(s)-
of-way is in the best interest of the City and the citizens of Auburn,
NOW, THEREFORE, in consideration of the mutual benefits and
conditions set forth below, the parties hereto agree as follows:
Section 1. Notice
A. Written notices to the parties shall be sent by certified mail to the
following addresses, unless a different address shall be designated in writing and
delivered to the other party.
City: Right-of--Way Manager
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010; Fax: (253) 931-3048
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Grantee: Olympic Pipe Line Company
Attention: Right-of-Way Department
2319 Lind Avenue
Renton, WA 98055
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PUBLIC WAY AGREEMENT
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B. Any changes to the above-stated Grantee information shall be sent
to the City's Right-of-Way Manager, with copies to the City Clerk, referencing-the
title of this agreement.
C. The above-stated Grantee voice and fax telephone numbers shall
be staffed at least during normal business hours of 8 AM to 5 PM Pacific
Standard time.
Section 2. Grant of Right to Use Public Way
A. Subject to the terms and conditions stated herein, the City grants to
the Grantee general permission to enter, use, and occupy the right(s)-of-way and
other City-owned property specified in Exhibit "A," attached hereto and
incorporated by reference (the "Public Way").
B. The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate and repair the facilities specified in Exhibit "B,"
attached hereto and incorporated by reference, and all necessary appurtenances
thereto, ("Grantee .Facilities") for provision of the services specified in Exhibit "B"
("Grantee Services") in, along, under and across the Public Way, for the sole
purpose of providing Grantee Services to persons or areas outside the City.
C. This Public Way Agreement does not authorize the use of the
Public Way for any facilities or services other than Grantee Facilities and Grantee
Services, and it extends no rights or privilege relative to any facilities or services
of any type, including Grantee Facilities and Grantee Services, elsewhere within
the City.
D. This Public Way Agreement is non-exclusive and does not prohibit
the City from. entering into other agreements, including Public Way Agreements,
impacting the Public Way, unless the City determines that entering into such
agreements interferes with Grantee's right set forth herein.
E. Except as explicitly set forth herein, this Public Way Agreement
does not waive any rights that the City has or may hereafter acquire with respect
to the Public Way or any other City roads, rights-of--way, property, or any portions
thereof. This Public Way Agreement shall be subject to the power of eminent
domain.
F. The City reserves the right to change, regrade, relocate, abandon,
or vacate the Public Way. If, at any time during the term of this Public Way
Agreement, the City vacates any portion of the Public Way, the City shall reserve
an easement for public utilities within that vacated portion, pursuant to RCW
35.79.030, within which the Grantee may continue to operate the Grantee
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Facilities under the terms of this Public Way Agreement for the remaining period
set forth. under Section 3.
G. The Grantee agrees that its use of Public Way shall at all times be
subordinated to and subject to the City and the public's need for municipal
infrastructure, travel, and access to the Public Way, .except as may be otherwise
required by law.
H. Should the Grantee seek to use the Public Way to provide services,
including Grantee Services, to City residents or businesses, the Grantee shall
apply for, obtain, and comply with the terms of a City franchise agreement for
such use.
Section 3. Term of Agreement
This Public Way Agreement shall run for a period of five (5) years, from
the date of execution specified in Section 5.
Section 4. Definitions
For the purpose of this agreement:
"ACC" means the Auburn City Code.
"Construct or Construction" means removing, replacing, and repairing existing
pipeline(s) and/or Facilities and may include, but is not limited to, digging and/or
excavating for the purposes of removing, replacing, and repairing existing
pipeline(s) and/or Facilities.
"Emergency" means a condition of imminent danger to the health, safety and
welfare of Persons or property located within the City including, without limitation,
damage to Persons or property from natural consequences, such as storms,
earthquakes, riots, acts of terrorism or wars.
"Environmental Laws„ means the Resource Conservation and Recovery Act, 42
U.S.C. § 6901 et seq.; the Comprehensive Environmental Response,
Compensation, .and Liability Act, 42 U.S.C. § 9601 et seq.; the Hazardous
Materials Transportation Act, 49 U.S.C. § 1801 et seq.; the Federal Water Pollution
Control Act, 33 U.S.C. § 1257 et seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.;
the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq.; the Federal
Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq.; the
Occupational Safety and Health Act, 29 U.S.C. § 651 et seq.; the Washington
Hazardous Waste Management Act, Chapter 70,105 RCW; and the Washington
Model Toxics Control Act, Chapter 70.105D RCW all as amended from time to
time; and any other valid and applicable federal, state, or local statute, code, or
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ordinance or valid and applicable federal., or state administrative rule, regulation,
ordinance, order, decree, or other valid and applicable governmental authority as
now or at any time hereafter in effect pertaining to the protection of human health
or the environment.
"Hazardous Substance" means any hazardous, toxic, or dangerous substance,
material, waste, pollutant, or contaminant, including all substances designated
under the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.;
the Comprehensive Environmental Response, Compensation and Liability Act,
42 U.S.C. § 9601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C.
§ 1801 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. § 1257 et
seq.; the Clean Air Act, 42 U.S.C. § 7401 et seq.; the Toxic Substances Control
Act, 15 U.S.C. § 2601 et seq.; the Federal Insecticide, Fungicide, Rodenticide
Act, 7 U.S.C. § 136 et seq.; the Washington Hazardous Waste management Act,
Chapter 70.105 RCW; and the Washington Model Toxics Control Act, Chapter
70.105D, RCW; all as amended from time to time; and any other federal, state, or
local statute, code or ordinance or lawful rule, regulation, order, decree, or other
governmental authority as now or at any time hereafter in effect. The term shall
specifically include Petroleum and Petroleum Products. The term shall also be
interpreted to include any substance which, after release into the environment,
will or may reasonably be anticipated to cause death, disease, behavior
abnormalities, cancer, or genetic abnormalities.
"Maintenance or Maintain" shall mean examining, testing, inspecting, repairing,
maintaining and replacing the existing Grantee Facilities or any part thereof as
required and necessary for safe operation.
"Petroleum or Petroleum Products" shall include, but is not limited to, motor
gasoline, diesel fuel, and aviation jet fuel, and shall exclude natural gas.
"Relocation" means permanent movement of Grantee facilities required by the
City, and not temporary or incidental movement of such facilities, or other
revisions Grantee would accomplish and charge to third parties without regard to
municipal request.
"Rights-of-Way" means the surface and the space above and below streets,
roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements,
rights-of-ways and similar public properties and areas.
Section 5. Acceptance of Public Way Agreement
A. This Public Way Agreement, and any rights granted hereunder,
shall not become effective for any purpose unless and until Grantee files with the
City Clerk (1) the Statement of Acceptance, attached hereto as Exhibit "C," and
incorporated by reference, (2) all verifications of insurance coverage specified
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under Section 15, and (3) the financial guarantees specified in Section 16
(collectively, "Public Way Acceptance"). The date that such Public Way
Acceptance is filed with the City Clerk shall be the effective date of this Public
Way Agreement.
B. Should the Grantee fail to file the Public Way Acceptance with the
City Clerk within 30 days after the effective date of the resolution approving the
Public Way Agreement, said agreement will automatically terminate and shall be
null and void.
C. The Grantee acknowledges and warrants by acceptance of the
rights and privileges granted herein, that it has carefully read and fully
comprehends the terms and conditions of this Public Way Agreement and is
willing to and does accept all reasonable risks of the meaning of the provisions,
terms and conditions herein. The Grantee further acknowledges and states that it
has fully studied and considered the requirements and provisions of this Public
Way Agreement, and believes that the same are consistent with all local, state
and federal laws and regulations currently in effect, including the Federal Pipeline
Safety Act (49 U.S.C. 60101 et seq.) and the Pipeline Safety Code of Federal
Regulations (Title 49 CFR Part 186-199). If in the future the Grantee becomes
aware that. a provision of this Public Way Agreement may be unlawful or invalid,
it will not use such potential. invalidity to unilaterally ignore or avoid such
provision. Instead, the Grantee will promptly advise .the City of the potential
invalidity or illegality, and the parties will meet within thirty (30) days and
endeavor jointly to cure the invalidity or illegality.
Section 6. Construction and Maintenance
A. The Grantee shall apply for, obtain, and comply with the terms of all
permits required under ACC Chapter 12.24 for any work done upon Grantee
Facilities. Grantee shall comply with all applicable City, State, and Federal codes,
rules, regulations, and orders in undertaking such work, which shall be done in a
thorough and proficient manner.
B. Grantee agrees to coordinate its activities with the City and all other
utilities located within the Public Way.
C. The City expressly reserves the right to exercise its police powers
to regulate the manner in which Grantee may perform excavation or other work
within the Public Way and may from time to time, pursuant to the applicable
sections of this Public Way Agreement, require the removal, relocation and/or
replacement thereof in the public interest and safety at the expense of the
Grantee, provided such exercise shall not be in conflict with Federal regulations
49 CFR Part 195.
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D. Before commencing any work within the Public Way, the Grantee
shall comply with the One Number Locator provisions of RCW Chapter 19.122 to
identify existing utility infrastructure.
E. Within thirty (30) days of completing any work within the Public
Way, the Grantee shall provide updated and corrected as-built drawings and a
survey showing the location, depth and other characteristics of the Grantee
Facilities within the Public Way Agreement Area.
F. Nothing in this Public Way Agreement shall be deemed to impose
any duty or obligation upon the City to determine the adequacy or sufficiency of
Grantee's plans and designs or to ascertain whether Grantee's proposed or
actual construction, testing, maintenance, repairs, replacement or removal is
adequate or sufficient or in conformance with the plans and specifications
reviewed by the City.
Section 7. Repair and Emergency Work
A. In the event of an emergency, the Grantee may commence such
repair and emergency response work as required under the circumstances,
provided that the Grantee shall immediately notify the Valley Regional Fire
Authority of the situation by means of a call to the 911 dispatch system. Grantee
shall also notify the City Right-of-Way Manager in writing as promptly as
possible, before such repair or emergency work commences, or as soon
thereafter as possible, if advance notice is not practicable. The City may act, at
any time, without prior written notice in the case of emergency, but shall notify
the Grantee as promptly as possible under the circumstances.
B. Grantee agrees to provide the Valley Regional Fire Authority and
the City Office of Emergency Management, on request, information regarding
Grantee's Facilities and Emergency Response Planning.
Section 8. Damages to City and Third-Party Property
Grantee agrees that should any of its actions under this Public Way
Agreement impairs or damages any City property, survey monument, or .property
owned by athird-party, Grantee will restore, at its own cost and expense, said
property to a safe condition. Such repair work shall be performed and completed
to the satisfaction of the City Engineer.
Section 9. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
privately-owned utility, other than the Grantee's, which was installed, constructed,
completed or in place prior in time to Grantee's application for a permit to construct
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or repair Grantee Facilities under this Public Way Agreement shall have preference
as to positioning and location with respect to the Grantee Facilities. However, to
the extent that the Grantee Facilities are completed and installed prior to new or
additional structures, equipment, appurtenances or tangible property of an earlier
privately-owned utility being installed or completed, then the Grantee Facilities shall
have priority. These rules governing preference shall continue in the event of the
necessity of relocating or changing the grade of any such City road or right-of-way.
A relocating utility shall not necessitate the relocation. of another utility that
otherwise would not require relocation. This Section shall not apply to any City
facilities or utilities that may in the future require the relocation of Grantee Facilities.
Such relocations shall be governed by Section 11.
B. Grantee shall locate its pipeline in accordance with federal pipeline
regulations, and shall maintain spacing from water pipes and other utilities as
required under 49 CFR 195.250.
Section 10. Grantee Information
A. Grantee agrees to supply, at no cost to the City, reasonable
information regarding the location and general description of Grantee's Facilities
within the City to the Director of Public Works, or Right-of--Way Manager. Said
information shall include, at a minimum; as-built drawings of Grantee Facilities;
installation inventory; and maps and plans showing the location of existing or
planned facilities within the City. Said information may be requested either in hard
copy and/or electronic format, compatible with the City's data base system, as now
or hereinafter existing, including the City's geographic information Service (GIS)
data base. Grantee shall keep the Right-of--Way Manager informed of its long-
range plans for coordination with the City's long-range plans.
B. The parties understand that Washington law limits the ability of
the City to shield from public disclosure any information given to the City.
Accordingly, the parties agree to work together to avoid disclosures of
information which would result in economic loss or damage to Grantee because
of mandatory disclosure requirements to third persons. The City shall give
Grantee reasonable notice of public records requests for Grantee documents,
and Grantee shall indemnify and hold harmless the City for any loss or liability
for costs for attorneys fees because of non-disclosures requested by Grantee
or enjoined by a court pursuant to a motion brought by the Grantee under
Washington's open public records law.
Section 11. Relocation, of Grantee Facilities
A. Except as otherwise so required by law, Grantee agrees to
relocate, remove, or reroute its facilities at its sole expense and liability and at no
expense or liability to the City, or as further provided by Title 20 ACC, as ordered
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by the City Engineer, and upon three. hundred sixty (360) days written notice from
the City. Pursuant to the provisions of Section 14, Grantee agrees to protect and
save harmless the City from any customer or third-party claims for service
interruption or .other losses in connection with any such change, relocation,
abandonment, or vacation of the Pubic Way.
B. In the event that the Public Way shall become a Primary State
Highway as provided by law, the State Department of Transportation may order
the Grantee to perform or undertake, at its sole expense, changes to the location
of Grantee Facilities so that the same shall not interfere with such state highway
and so that such facilities shall conform to such new grades or routes as may be
established..
C. If a readjustment or relocation of the Grantee Facilities is
necessitated by a request from a party other than the. City, that party shall pay
the Grantee the actual costs thereof. However, in the event the City reasonably
determines and notifies the Grantee that the primary purpose for requiring such
changes to or relocation of the Grantee's facilities by a third party is to cause or
facilitate the construction of an Improvement Project consistent with the City
Capital Investment Plan, Transportation Improvement Program, or the
Transportation Facilities Program, or other similar plan, then the Grantee shall
change or otherwise relocate its Facilities at Grantee's sole cost, expense and
risk.
Section 12. Abandonment and or Removal of Grantee Facilities
A. Within one hundred and eighty (180) days of Grantee's permanent
cessation of use of the Grantee Facilities, or any portion thereof, the Grantee shall,
at the City's discretion, either abandon in place or remove the affected facilities.
B. In the event of the abandonment, relocation, or removal of alf or a
portion of the pipeline(s) or Facilities, Grantee shall, at its own cost, restore the
Public Way to as good or better condition as it was in before the work began.
C. If the City and the Grantee agree that all or a-portion of the Grantee
Facilities should be abandoned in place, the Grantee may purge its Facilities and
abandon them in place.
D. Grantee shall be responsible for the preparation and cost of any
environmental review required for the abandonment, relocation, or removal of
Grantee Facilities. The City's consent to the abandonment of Grantee Facilities
in place shall not relieve the Grantee of the obligation and costs to remove or to
alter such Facilities in the future in the event the City or other governmental entity
with authority over the Grantee Facilities reasonably determines that removal or
alterations is necessary or advisable for the health and safety of the public.
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E. The parties expressly agree that this Section shall survive the
expiration, revocation or termination of this Public Way Agreement.
Section 13. Undergrounding
This Section intentionally left blank.
Section 14. Indemnification and Hold Harmless
A. The Grantee shall defend, indemnify, and hold the City and its
officers, officials, agents, employees, and volunteers harmless from any and all
costs, claims, injuries, damages, losses, suits, or liabilities of any nature including
attorneys' fees arising out of or in connection with the Grantee's performance
under this Public Way Agreement, except to the extent such costs, claims,
injuries, damages, losses, suits, or liabilities are caused by the negligence of the
City.
B. The Grantee shall hold the City harmless from any liability arising out
of or in connection with any damage or loss to the Grantee Facilities caused by
maintenance and/or construction work performed by, or on behalf of, the City within
the Public Way or any other City road, right-of--way, or other property, except to the
extent any such damage or loss is directly caused by the negligence of the City, or
its agent performing such work.
C. The indemnification set forth in Section 14(A), shall include costs,
claims, injuries, damages, losses, suits, or liabilities arising from (a) Grantee's
violation of any Environmental Laws applicable to the Facilities or (b) from any
release of a Hazardous Substance on or from the Facilities. This indemnity
includes but is not limited to (a) liability for a governmental agency's costs of
removal or remedial action for Hazardous Substances; (b) damages to natural
resources caused by Hazardous Substances, including the reasonable costs of
assessing such damages; (c) liability for any other person's costs of responding
to Hazardous Substances; and (d) liability for any costs of investigation,
abatement, correction, cleanup, fines, penalties, or other damages arising under
any Environmental Laws; and (e) liability for personal injury, property damage, or
economic loss arising under any statutory or common-law theory.
D. The Grantee acknowledges that neither the City nor any other
public agency with responsibility for fire fighting, emergency rescue, public safety
or similar duties within the City has the capability to provide trench, close trench
or confined space rescue. The Grantee, and its agents, assigns, successors, or
contractors, shall make such arrangements as Grantee deems fit for the
provision of such services. The Grantee shall hold the City harmless from any
liability arising out of or in connection with any damage or loss to the Grantee for
the City's failure or inability to provide such services, and, pursuant to the terms
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of Section 14(A), the Grantee shall indemnify the City against any and all third-
party costs, claims,, injuries, damages, tosses, suits, or liabilities based on the
City's failure or inability to provide such services.
E. Should a court of competent jurisdiction determine that this
Agreement is subject to RCW 4.24.115, then, in the event of liability for damages
arising out of bodily injury to persons or damages to property caused by or
resulting from the concurrent negligence of the Grantee and the City, its officers,
officials, employees, and volunteers, the Grantee's liability hereunder shall be
only to the extent of the Grantee's negligence. It is further specifically and
expressly understood that the indemnification provided .herein constitutes the
City's and Grantee's waivers of immunity under Industrial Insurance, Title 51
RCW, solely for the purposes of the indemnifications set forth in this Section 14.
This waiver has been mutually negotiated by the parties. The provisions of this
section shall survive the expiration or termination of this Agreement.
F. Acceptance by the City of any work performed by the Grantee shall
not be grounds for avoidance of this section.
Section 15. Insurance
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 Consultant, 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 $2,000,000 per accident. Coverage shall
be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed
to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less
than $100,000,000 each occurrence, $100,000,000 general aggregate and a
$2,000,000 products-completed operations aggregate limit. Coverage shall be
written on ISO occurrence form CG 00 01 or equivalent and shall cover liability
arising from premises, operations, independent contractors, products-completed
operations, and personal injury and advertising injury and liability assumed under
an insured contract. Aggregate limit of $100,000,000 can be satisfied by Excess
Liability. 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 as an additional insured
under the Grantee's Commercial General Liability insurance policy with respect
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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.
3. Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington. Employer's Liability
$2,000,000 per occurrence (Stop Gap Liability included in Employer's Liability.)
B. The insurance policies are to contain, or be endorsed to contain,
the following provisions for Automobile 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 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, or equivalent
D. Verification of Coverage. Grantee shall furnish the City with original
certificates and a copy of amendatory endorsements, including but not
necessarily limited to the additional insured endorsement or equivalent,
evidencing the insurance requirements of the Consultant before commencement
of the work.
E. Any deductibles shall be the sole responsibility of the Grantee.
The insurance certificate required by this Section shall contain a clause stating
that coverage shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the aggregate limits of the
insurer's liability.
F. Grantee's maintenance of insurance as required by this Agreement
shall not be construed to limit the liability of Grantee to the coverage provided by
such insurance, or otherwise limit the City's recourse to any remedy to which the
City is otherwise entitled at law or in equity.
G. Section 14, Indemnification and Hold Harmless, and this Section
15, Insurance, shall survive the termination of this Agreement and shall continue
for as long as Grantee Facilities remain operating in the Public Way or until a
new Public Way Agreement supersedes this Agreement.
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Section 16. Performance Security
Pursuant to ACC Chapter 20.10, the Grantee shall provide the City with a
security bond as specified in ACC Section 20.10.250, in a form and substance.
acceptable to the City, securing the Grantee's faithful compliance with the terms
of this Public Way Agreement. Such guarantees shall be in the amount of fifty
thousand dollars ($50,000.00).
Section 17. Successors and Assignees
A. All the provisions, conditions, regulations and requirements herein
contained shall be binding upon the successors, assigns of, and independent
contractors of the Grantee, and all rights and privileges, as well as all obligations
and liabilities of the Grantee shall inure to its successors, assignees and
contractors equally as if they were specifically mentioned herein wherever the
Grantee is mentioned.
B. This public way agreement shall not be leased, assigned or
otherwise alienated without the express consent of the City by resolution, which
approval shall not be unreasonably withheld.
C. Grantee and any proposed assignee or transferee shall provide and
certify the following to the City not less than 120 days prior to the proposed date
of transfer: (a) Complete information setting forth the nature, term and conditions
of the proposed assignment or transfer; (b) All information required by the City of
an applicant for a Public Way Agreement with respect to the proposed assignee
or transferee; and, (c) An application fee which shall be set by the City, plus any
other costs actually and reasonably incurred by the City in processing, and
investigating the proposed assignment or transfer.
Section 18. Dispute Resolution
A. In the event of a dispute between the City and the Grantee arising
by reason of this Agreement, the dispute shall first be referred to the operational
officers or representatives designated by Grantor and Grantee to have oversight
over the administration of this Agreement. The officers`or representatives shall
meet within fifteen (15) calendar days of either party's request for a meeting,
whichever request is first, and the parties shall make a good faith effort to
achieve a resolution of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this
manner, either party may then pursue any available judicial remedies. This
Public Way Agreement shall be governed by and construed in accordance with
the laws of the State of Washington. In the event any suit, arbitration, or other
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PUBLIC WAY AGREEMENT
Page 12
proceeding is instituted to enforce any term of this Agreement, the parties
specifically understand and agree that venue shall be exclusively in King County,
Washington. The prevailing party in any such action shall be entitled to its
attorneys' fees and costs of suit, which shall be fixed by the judge hearing the
case, and such fees shall be included in the judgment.
Section 19. Enforcement and Remedies
A. If the Grantee shall willfully violate, or fail to comply with any of
the provisions of this Public Way Agreement through willful intent or gross
negligence, or should it fail to heed or comply with any notice given to Grantee
under the provisions of this agreement, the City may, at its discretion, provide
Grantee with written notice to cure the breach within thirty (30) days of
notification. If the City determines the breach cannot be cured within thirty
days, the City may specify a longer cure period, and condition the extension of
time on Grantee's submittal of a plan to cure the breach within the specified
period, commencement of work within the original thirty day cure period, and
diligent prosecution of the work to completion. If the breach is not cured within
the specified time, or the Grantee does not comply with the specified
conditions, the Grantee, and its successors or assignees, shall forfeit all rights
conferred hereunder, and the Public Way Agreement may be revoked or
annulled by the City with no further notification.
B. Should the City determine that Grantee is acting beyond the scope
of permission granted herein for Grantee Facilities and Grantee Services, the
City reserves the right to cancel this Public Way Agreement upon thirty days (30)
written notice to Grantee and require the Grantee to apply for, obtain, and comply
with all applicable City permits, franchises, or other City permissions for such
actions, and if the Grantee's actions are not allowed under the Auburn City Code,
to compel Grantee to cease such actions.
Section 20. Compliance with Laws and Regulations
A. This Public Way Agreement is subject to, and the Grantee shall
comply with all applicable federal -and state or City laws, regulations and policies
(including all applicable elements of the City's comprehensive plan), in
conformance with federal laws and regulations, affecting performance under this
Public Way Agreement. Furthermore, notwithstanding any other terms of this
agreement appearing to the contrary, the Grantee shall be subject to the police
power of the City to adopt and enforce general ordinances necessary to protect
the safety and welfare of the general public in relation to the rights granted in the
Public Way, provided that said ordinances are not in conflict with federal pipeline
safety regulations.
B. The City reserves the right at any time to amend this Public Way
Agreement to conform to any hereafter enacted, amended, or adopted
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PUBLIC WAY AGREEMENT
Page 13
mandatory federal or state statute or regulation relating to the public health,
safety, and welfare, or relating to roadway regulation, or a City Ordinance
enacted pursuant to such federal or state statute or regulation upon providing
Grantee with thirty (30) days written notice of its action setting forth the full text
of the amendment and identifying the statute, regulation, or ordinance requiring
the amendment. Said amendment shall become automatically effective upon
expiration of the notice period unless, before expiration of that period, the
Grantee makes a written call for negotiations over the terms of the amendment.
If the parties do not reach agreement as to the terms of the amendment within
thirty (30) days of the initial notice, the City may enact the proposed
amendment, by incorporating the Grantee's concerns to the maximum extent
the City deems possible.
C. The City may terminate this Public Way Agreement upon thirty (30)
days written notice to the Grantee, if the Grantee fails to comply with such
amendment or modification.
Section 21. License, Tax and Other Charges
This Public Way Agreement shall not exempt the Grantee. from any future
license, tax, or charge which the City may hereinafter adopt pursuant to authority
granted to it under state or federal law for revenue or as reimbursement for use
and occupancy of public ways.
Section 22. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event shall
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
Section 23. Severability
If any portion of this Public Way Agreement is deemed invalid, the
remainder portions shall remain in effect.
Section 24. Titles
The section titles used herein are for reference only and should not be
used for the purpose of interpreting this Public Way Agreement.
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PUBLIC WAY AGREEMENT
Page 14
DATED and SIGNED this day of , 20_.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
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PUBLIC WAY AGREEMENT
Page 15
w w w rart
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w ~ w w rw ur rr
IwRM ulO PMeeJ
Exhibit A
Legend
~ Hand vaMe
Intersection Point
Mainline pipeline
j SCI1001
Road
Hydro
rt City name
Mileposts
~'~ ~` Indian Reserv. Bdry.
C'~~ Wash-0n3.. Parcel
:Y•-x< Auburn boundary
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44th Ave.
124
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EXHIBIT B
A 14 inch diameter pipeline for the interstate transportation of petroleum
products.
No local service is provided.
The pipeline location is shown in Exhibit A.
EXHIBIT "C"
STATEMENT OF ACCEPTANCE
Olympic Pipe Line Company, for itself, its successors and assigns, hereby
accepts and agrees to be bound by all lawful terms, conditions and provisions of
the Public Way Agreement attached hereto and incorporated herein by this
reference.
OLYMPIC PIPE LINE COMPANY
By: _
Name:
Title:
STATE OF )
)ss.
COUNTY OF )
Date:
On this day of 2006, before me the undersigned, a
Notary Public in and for the State of ,duly commissioned and sworn,
personally appeared, of Olympic Pipe Line Company, 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:
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PUBLIC WAY AGREEMENT
Page 16
ADDITIONAL INFORMATION
Olympic
PIPE LINE
COA1 f=~~r.;v
November 27, 2007
Mr. Stephen King
City of Auburn:
25 West Main Street
Auburn, WA 98001
Dear Mr. King,
OLYMPIC PIPE LINE COMPANY
2201 LIND AVE. S. W.
SUITE 270
RENTON, WASHINGTON 98055
(425j 235-7736
Olympic Pipe Line Company is seeking to enter into a Public Way Agreement
with the City of Auburn and hereby affirms its intent to sign the document as
submitted to the City Council. A copy of the submitted agreement is enclosed.
Please let us know if you have any questions or concerns, 425-981-2506.
Sincerely,
`..
Steve Maulding
Vice-President
Cindy Hernandez
Senior Vice President
M A (~ C LI Marsh USA Inc.
/~'~ " J (~ 500 West Monroe Street
Chicago, IL 60661-3630
MARSH MERCER KROLL 3126276983 Fax 3126276226
GUY CARPENTER OLIVER WYMAN Cynthia.R.Hernandez@marsh.com
www.marsh.c(-o-m
L ... t .., - ~ ~ ~ 1
November 13, 2007
Ms. Pam Brady ~QV 2 9
ROW Specialist
BP US Pipelines & Logistics, operator of Olympic Pipe Line (,~
2319 Lind Avenue
Renton, WA 98055
Subject: Right of Way Performance Bond -Auburn, Washington - $50,000
Dear Pam:
This will confirm that the above bond has been approved for your firm by Safeco Insurance
Company of America for the five year term.
Your bond premium cost for the five year term will be $1,875. Please let us have
your approval to proceed or let us know if you have any questions.
Siincerely,
Cindy Hernandez
Senior Vice President
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CERTIFICATE NUMBER
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>H. ,.~ • CHI-001761150-03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
MARSH USA INC. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
500 W EST MONROE STREET POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
CHICAGO, IL 60661 AFFORDED BY THE POLICIES DESCRIBED HEREIN.
Attn: Rita Chatman - 312
683
7525
.
. COMPANIES AFFORDING COVERAGE
COMPANY
01646-L 3-06-07 A ACE AMERICAN INSURANCE COMPANY
INSURED COMPANY
OLYMPIC PIPE LINE COMPANY
ATTN
PAMELA BRADY B ASSOCIATED ELECTRIC & GAS INSURANCE SERVICES LTD.
:
2201 LIND AVE. SUITE 270 COMPANY
RENTON, WA 98055 C LLOYDS OF LONDON
COMPANY
D JUPITER INSURANCE LTD.
'OVERAGES This certificate supersedes and replaces any pre ~iDUSiyiscuedcertificiHte for thepolicy petiodnoted br3low.~ ~ '~~
1HIj Is lv CERTIFY THAI PVLIGIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR 7HE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDn10N OF ANY CONTRACT OR OTHER DOCUMENT WfTH RESPECT TO W HICH THE CERTIFICATE MAYBE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMnS SHOW N MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
DATE (MM/DD/YY) DATE (MM/DD/YY)
A GENERAL LIABILITY HDOG21705792 10/01/07 10/01/08
000
$ 1
~~~
GENERAIAGGREGATE ,
+
X COMMERCIAL GENERAL LIABILITY PRODUCTS -COMP/OP AGG $ 1 ~~~~~~~~
CLAIMS MADE ~ OCCUR PERSONAL&ADVINJURY $ 1,000,000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1 +000,000
FIRE DAMAGE (Any one fire) $
MED EXP An one person $
A AUT OMOBILE LIABILITY CALH08233032 10/01/07 10/01/08
COMBINED SINGLE LIMB
$ 1,000,000
X ANY AUTO
ALL OW NED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY $
X NON-0WNEDAUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY: ~ -.
EACH ACCIDENT $
AGGREGATE $
B EXCESS LIABILITY X2704A1A07
10/01/07
10/01/08 EACH OCCURRENCE $ 35,000,000
X UMBRELLA FORM ~ AGGREGATE $ 35,000,000
OTHER THAN UMBRELLA FORM $
WO RKERS COMPENSATION AND WC STATLL OTH-, ,,ti'I>
~
~
EMP LOYERS' LIABILITY TORY LIMITS ER ~__
_
_ _ „-_..;,_'~-_._,_ _ _
EL EACH ACCIDENT $
THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMB $
PARTNERS/EXECUTNE
OFFICERS ARE:
EXCL
EL DISEASE-EACH EMPLOYEE
$
p OTHER EXCESS HJ182907 10/01/07 10/01/08 $65,000,000 XS $35,000,000
C LIABILITY J1L2133 10/01/07 10/01/08 EACH OCCURENCE AND IN THE
ANNUAL AGGREGATE
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS
CITY OF AUBURN IS INCLUDED AS ADDITIONAL INSURED.
ERTIFICATE HOLDER GANCELLATI(~1
. SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCElLEO BEFORE THE EXPIRATION DATE THEREOF,
THE' INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL ~Q DAYS WRnTEN NOTICE TO THE
CITY OF AUBURN
PUBLIC WORKS DEPT. CERTIFICATE HOLDER NAMED HEREIN, BU7 FAILURE TO MAIL SUCH NOTICE SHALL MAPOSE NO OBLIGATION OR
25 W EST MAIN STREET LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, I7S AGENTS OR REPRESENTATIVES, OR THE
AUBURN
WA 98009-9012
, ISSUER OF THIS CERTIFICATE.
MARSH USA INC.
"~-~'I~"'- 1~~ '~ --d'
K
evin M. Brogan
BY:
I ,; ~ ~~.~ n..
=MM1(3102) , ~~ VpLIDASOF: 10//19/07