HomeMy WebLinkAbout4797 RESOLUTION NO. 4797
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
AMENDMENT TO THE PUBLIC WAY AGREEMENT
NO. 08-03 BETWEEN THE CITY OF AUBURN AND
MCI COMMUNICATIONS SERVICES, INC.
WHEREAS, the City and MCI Communications Services, Inc. ("MCI")
entered into Public Way Agreements in 1996 (PWA 96-07) and 2008 (PWA 08-
03); and
WHEREAS, the 1996 Agreement has a rolling five-year renewal period,
which period expired December 16, 2011 and
WHEREAS, it is in the public interest for the parties to enter into an
amendment to PWA 08-03 to combine all of MCI's equipment and facilities into
one Public Way Agreement.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor and the Auburn City Clerk are hereby
authorized to execute an amendment to PWA 08-03 between the City of Auburn
and MCI Communications Services, Inc. which amendment shall be in
substantial conformity with the agreement hereto, marked as Amendment No. 1
and incorporated herein by this reference.
Resolution No.4797
May 17 2012
Page 1 of 2
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.
/ y PA
Dated and Signed this day of - 2012.
CI OF A
PETER E NIS, MAYOR
ATTEST
L"::� 4fzA--d�
Dan" Ile E. Daskam, City-Clerk
APP D A RM:
2
Daniel B. Heid, I ttomey
Resolution No.4797
May 17 2012
Page 2 of 2
AMENDMENT NO. 1
ADDENDUM TO PWA 08-03 AGREEMENT
BETWEEN MCI COMMUNICATIONS SERVICES, INC.AND THE CITY OF AUBURN
RELATING TO PUBLIC WAY AGREEMENT
THIS AMENDMENT is made and entered into this d-6 day of
2012,by and between MCI Communications,Services,Inc.,a Delaware corpo on(,, Cr')and the
CITY OF AUBURN, a municipal corporation of the State of Washington ("CITY',), as an
amendment to the Agreement ("2008 Agreement") between the parties for public way access
executed on the 28th day of April, 2008 (PWA 08-03).
RECITALS.
1. MCI's predecessor in interest,WorldCom Network Services,Inc.,and the City executed a
public right of way agreement ("1996 Agreement") on December 17, 1996 (PWA 96-07), which
agreement allowed MCI to construct, replace, maintain, and use equipment and facilities for an
underground fiber optics trunk line within the City The 1996 Agreement contained a rolling five-
year renewal period, the most recent of which expired on December 16, 2011.
2. The parties agree that combining the 1996 Agreement and the 2008 Agreement would
make it easier for them to administer the equipment and facilities within the City.
NOW THEREFORE in consideration of their mutual covenants,conditions and promises,the
PARTIES HERETO HEREBY AGREE as follows:
1 Exhibit"A"to PWA 08-03 is amended to include the facilities set forth on Exhibit A to
this Amendment.
2. This Amendment, and any rights granted hereunder, shall not become effective for any
purpose unless and until MCI files with the City Clerk the Statement of Acceptance within 30 days
after the effective date of the resolution approving this Amendment,attached hereto as Exhibit"B"
and incorporated herein by reference. The date that the Statement of Acceptance is filed with the
City Clerk shall be the effective date of this Amendment.
3 That all other provisions of PWA 08-03 shall remain unchanged, and in full force and
effect.
PWA 08-03A1
Page 1 of 2
IN WITNESS WHEREOF the parties hereto have executed this Amendment as of the day and
year first above written.
MCI COMMUNICATIONS SERVICES, INC. C OF A
By By-
Its: Don Hirschenhof , Manaser Peter B. Lewes, Mayor
Witness: Attest:
By By L C_
Je az 'ewicz uriici al Af rs Danielle Daskam. City Clerk
Approved as to form: Ap o fo
Att ey for MCI Daniel B. Heid, City Attorney
PWA 08-03A1
Page 2 of 2
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EXHIBIT "B"
STATEMENT OF ACCEPTANCE
MCI Communications Services, Inc , for itself, its successors and assigns, hereby
accepts and agrees to be bound by all terms, conditions and provisions of Amendment
No 1 to PWA 08-03 attached hereto and incorporated herein by this reference
[Grantee]
By LAI� Date Z o Z
Name Don Hirschenh er
Title Manager Right-of-Way & Municipal Affairs
STATE OF A 5 )
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COUNTYOF hAkkAS )
On this l I day of ,j\. , 2012, before me the undersigned, a Notary
Public in and for the tat e of i P- duly commissioned and sworn,
personally appeared, oV. of A Commk, , -fhe
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
n eherein bove set forth
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MY COMMISSION EXPIRES
Resolution No 4797
Page 1 of 1 011:100 Y-
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RESOLUTION NO. 4 3 3 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 MCI COMMUNICATIONS
SERVICES, INC
WHEREAS, MCI Communications Services 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 rights)-of-way, and
WHEREAS, the City has reviewed MCI Communications Services'
application and determined that the location of MCI Communications Services'
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
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 MCI Communications Services, Inc , which agreement shall be in
----------------------- ---------
Resolution No 4338
March 31 2008
Page 1 of 2
substantial conformity with the Agreement a copy of which is attached hereto,
marked as Exhibit "1" 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
ST
Dated and Signed this j day of 12008
P TER B LEWIS
MAYOR
ATTEST
Dani le E Daskam, City Clerk
VE FOR
a iel B o, City-----------------------------
Resolution No 4338
March 31, 2008
Page 2 of 2
CITY OF AUBURN PUBLIC WAY AGREEMENT WITH MCI
COMMUNICATIONS SERVICES, INC
This Public Way Agreement is entered into by and between the City of
Auburn, Washington, a municipal corporation ("City") and MCI Communications
Services, Inc., a Delaware corporation ("Grantee")
WHEREAS, Grantee has applied to the City for a non-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 rights)-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 MCI Communications Services, Inc
Attn Manager, Municipal Affairs
2400 N Glenville Dr
Richardson, TX 75082
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Resolution No 4338
Exhibit 1
April 15, 2008
Pagel
' I
With a copy to Verizon Business, Legal and External Affairs
Attn Associate General Counsel
205 North Michigan Ave
Sixth Floor
Chicago, IL 60601
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
specified in Exhibit "A," attached hereto and incorporated by reference (the
"Public Way") The Grantee shall place Grantee Facilities within the City Conduit
Route set forth in Exhibit A, unless the Grantee determines that the route is
impracticable for such use, in which case the Grantee shall place Grantee
Facilities within the Qwest Conduit Route set forth in Exhibit A Should the
Grantee and the City agree that neither of these routes are practicable, the
Grantee shall place Grantee Facilities along an alternate route within the Public
Way, which may consist of the New Conduit Route set forth in Exhibit A or a
mutually agreeable route including a portion of the New Conduit Route and
portions of the City and Qwest Conduit Routes, the use of which shall be on
terms mutually agreeable between the conduit owner and the Grantee The
routes shall be subject to the following additional terms
1 City Conduit Route Should the Grantee choose to make
use of existing City conduit, the City shall then make one (1) conduit of one and
one quarter inches (1 1/4") in size available to Grantee along that route at a rate
of Thirty-Five Cents ($0 35) per lineal foot of conduit per year The Grantee shall
place for the City a mutually agreed upon amount of twenty-four (24) strand
optical cable into City conduit along the route For those portions of the City
Conduit Route in which the Grantee will construct new conduit, the Grantee shall
construct for the City, and connect to existing City conduits, one (1) three Inch
(3") conduit along with related structures necessary to access the conduit ("New
City Conduit") that shall be in addition to any conduits to be owned or used by
Grantee The New City Conduit is provided as consideration for leasing existing
City conduit, and is not subject to the provisions of RCW 35 99 070 The parties
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Resoiution No 4338
Exhibit"I"
April 15 2008
Page 2
agree to negotiate in good faith an agreement encompassing the terms of this
subsection and any other mutually agreeable terms
2 Qwest Conduit Route Should the Grantee choose to make
use of Qwest's existing conduit, and should the Grantee be constructing new
conduit along any portion of that route, the City may require the Grantee to install
for the City, one (1) three inch (3") conduit, along with related structures
necessary to access the conduit The Grantee shall charge its incremental costs
in Installing said conduit to the City Conduit provided pursuant to this
subsection Is subject to the provisions of RCW 35 99 070, and the parties agree
that they shall negotiate In good faith an agreement meeting the requirements of
RCW 80 36 150 that establishes the incremental costs of providing the new City
conduits, the specific equipment required by the City, and any other terms
mutually agreeable to the parties or required under RCW 35 99.070
3 New Conduit Route Should the Grantee choose to
construct new conduit along the New Conduit Route, the Grantee shall install for
the City, one (1) three inch (3") conduit, along with related structures necessary
to access the conduit The Grantee shall charge its incremental costs in
installing said conduit to the City Conduit provided pursuant to this subsection is
subject to the provisions of RCW 35 99 070, and the parties agree that they shall
negotiate In good faith an agreement meeting the requirements of RCW
80 36 150 that establishes the incremental costs of providing the new City
conduits, the specific equipment required by the City, and any other terms
mutually agreeable to the parties or required under RCW 35 99 070
4 Alternate Route Should the Grantee and the City agree
to an alternate route using portions of the City Conduit Route, the Qwest Conduit
Route, and/or the New Conduit Route, the terms of the New Conduit Route shall
apply to all newly constructed conduit along the alternate route, and the Grantee
shall provide optical cable to the City along the alternate route per the provisions
of the City Conduit Route
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 lawful communications, including,
without limitation, long distance voice and data communications and other lawful
communications as disclosed to the City from time to time ("Grantee Services")
in, along, under and across the Public Way, for the sole purpose of providing
commercial utility or telecommunications 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
Resolution No.4338
Exhibit 1
April 15 2008
Page 3
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, and in any proceeding under eminent domain, the Grantee
acknowledges its use of the Public Way shall have no value
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
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
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 an additional five (5) year period 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 a current
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Resolution No. 4338
Exhibit"1
April 15,2008
Page 4
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 Definitions
For the purpose of this agreement
"ACC" means the Auburn City Code
"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
"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
"Relocation" means permanent movement of Grantee facilities required by the
City for City purposes, 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 S. 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
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 thirty (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
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Resolution No 4338
Exhibit"1"
April 15 2008
Page 5
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 prescribe how and where
Grantee Facilities shall be installed 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
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
Section 7 Repair and Emergency Work
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 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 in writing as promptly as possible under the circumstances
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 a third-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
- -_ - - --------
Resolution No 4338
Exhibit"1
April 15, 2008
Page 6
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 maintain a minimum underground horizontal
separation of five (5) feet from City water facilities and ten (10) feet from above-
ground City water facilities; provided, that for development of new areas, the
City, together with Grantee and other utility purveyors or authorized users of the
Pubic Way, will develop and follow the Public Works Director's determination of
a consensus for guidelines and procedures for determining specific utility
locations, subject additionally to this agreement and to a Franchise agreement,
should one become necessary
Section 10. Grantee Information
A Grantee agrees to supply, at no cost to the City, such information as
the Director of Public Works, or Right-of-Way Manager, find necessary to
coordinate municipal functions with Grantee's activities and to fulfill any municipal
obligations under state law Said information shall include, at a minimum, quarterly
statements due on the first day of January, April, July, and October of each year
detailing any changes in the information submitted as part of Grantee's Public Way
Agreement application as set forth in Exhibit "D," attached hereto and incorporated
by reference; 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. In the event the parties cannot agree, the dispute
shall be submitted to the City Hearing Examiner, subject to the record before the
- --- --- ---- - --
Resolution No.4338
Exhibit 1
April 15, 2008
Page 7
Hearings Examiner Notwithstanding this option, 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 under Washington's open public records
law, provided reasonable notice and opportunity to defend was given to Grantee or
Grantee is made aware of the pending of a request or claim
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, except as may be required by RCW Chapter
35 99, as ordered by the City Engineer for City purposes, and upon sixty (60)
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 Public 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
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 The parties expressly agree that this Section shall survive the
expiration, revocation or termination of this Public Way Agreement
Section 13. Undergrounding
A The parties agree that this Public Way Agreement does not limit the
City's authority under federal law, state law, or the ACC, to require the
undergrounding of utilities.
B Whenever the City requires the undergrounding of aerial utilities in
the Public Way, the Grantee shall underground the Grantee Facilities in the
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Resolution No 4338
Exhibit"1"
April 15, 2008
Page 8
manner specified by the City Engineer, and where other utilities are present and
Involved in the undergrounding project, Grantee shall only be required to pay its
fair share of common costs borne by all utilities, in addition to the costs
specifically attributable to the undergrounding of Grantee Facilities Common
costs shall include necessary costs for common trenching and utility vaults. Fair
share shall be determined in comparison to the total number and size of all other
utility facilities being undergrounded
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 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
of Section 14(A), the Grantee shall indemnify the City against any and all third-
party costs, claims, injuries, damages, losses, suits, or liabilities based on the
City's failure or inability to provide such services
D 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
Resolution No 4338
Exhibit"1
April 15, 2008
Page 9
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
E 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 activities or operations
performed by or on the Grantee's behalf with the issuance of this Agreement.
Grantee shall obtain insurance of the type described 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 or a substitute form providing
equivalent liability coverage
2 Commercial General Liability insurance with combined
single limits no less than $1,000,000 each occurrence, $2,000,000 general
aggregate, and a $2,000,000 products-completed operation aggregate limit.
Coverage shall be written on ISO occurrence form or equivalent and shall cover
liability arising from premises, operations, independent contractors, products-
completed operations, and personal injury and advertising injury and contractual
liability Limits can be satisfied by a combination of commercial general liability
and 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 as their interest may appear under the Grantees Commercial
General Liability insurance policy with respect to the work performed under this
Public Way Agreement
3 Professional Liability insurance with limits no less than
$1 000 000 per claim and aggregate
4 Workers' Compensation coverage as required by the
Industrial Insurance laws of the State of Washington Employer's Liability
$1,000,000 each accident/disease/policy limit (Stop Gap Liability included in
Employer's Liability.)
---- - --- - --------
Resolution No.4338
Exhibit"1"
April 15, 2008
Page 10
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
C Acceptability of Insurers Insurance is to be placed with insurers
with a current AM Best rating of not less than A VII
D Verification of Coverage Grantee shall furnish the City with
original certificates and a copy of the mandatory endorsements, including the
additional insured endorsement, evidencing the insurance requirements of the
Grantee before commencement of the work The certificates shall contain a
provision stating that the insurer or its authorized representative shall endeavor
to provide thirty (30) days prior written notice by certified mail, return receipt
requested, has been given by the City
E Grantee shall have the right to self-insure any or all of the above-
required insurance
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
Section 16. Performance Security
Pursuant to ACC Chapter 20 10, the Grantee shall provide the City with a
financial guarantee as specified in ACC Section 2010.250, in a form and
substance acceptable to the City, securing the Grantee's faithful compliance with
the terms of this Public Way Agreement. Such guarantee 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
--------------------
Resolution No 4338
Exhibit"1"
April 15 2008
Page 11
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 one hundred twenty (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
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
----------- -- --- -
Resolution No 4338
Exhibit 1"
April 15, 2008
Page 12
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
B The City reserves the right at any time to amend this Public Way
Agreement to conform to any hereafter enacted, amended, or adopted 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
Resolution No 4338
Exhibit"1"
April 15 2008
Page 13
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.
DATED and SIGNED this ,2l�r day of ` I 200 '
CI F AU RN
PETER B. LEWIS
MAYOR
----- - --- -- - - -
Resolution No 4338
Exhibit"1"
April 15, 2008
Page 14
ATTEST
bariielle E. Daskam,
City Clerk
APP VEDAS TO FORM
niel B Hei ,
City Attorney
--------- ---- ----
Resolution No 4338
Exhibit"1"
April 15,2008
Page 15
IIIIMMCI New Conduit Route
Resolution Conduit•, Route
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Exhibit"B"
Resolution No. 4338
Grantee Facilities & Services
MCI Communications Services, Inc. ("MCI") is a registered telecommunication
company authorized to provide long distance services in the State of Washington
by the Washington Utilities and Transportation Committee The proposed project
will expand MCI's telecommunication network from the Burlington Northern and
Santa Fe Railroad right-of-way to the existing Qwest Central Office located at 10
Second Street SE The long distance network will not access any customers in
the City of Auburn and will merely replace an existing leased third party network
from the existing MCI network on the railroad right-of-way to the Qwest Central
Office
Construction will be managed by the City through the utilization of a construction
permit
EXHIBIT"D"
Resolution No 4338
APPLICANT INFORMATION
Identity of Applicant(Including all affiliates)
MCI Communications Services, Inc.(A subsidiary of Verizon)
Primary contact
Name Jeff Markiewicz, Municipal Affairs
Address 2400 N Glenville Drive, Richardson Texas 75082
phone number 972-729 7575
fax number 972-729-6700
email address jeff.markiewiczQave6zonbusiness.com
Marketing contact
Name www,verizonbusiness.com
Address 1-877-297 7816
phone number
fax number
email address
Customers using the Applicant's Facility
Facilities do not provide customer network access points
Primary contact
Name
Address
phone number
fax number
email address
Other parties owning lines within the facility
No other parties own lines within the MCI facilities
Primary contact
Name
Address
phone number
fax number
email address
Version Date 03/19/2008
PUBLIC WAY AGREEMENT
Pagel
EXHIBIT "D" (Continued)
Resolution No 4338
Marketing contact
Name
Address
phone number
fax number
email address
System Information
Location and route of the facility, Various City streets(Exhibit A)
Location of interconnection with other telecommunication providers. Owest Central Office
located at 10 Second Street SE
Location of handholds manholes and other potential access points for local customers within 5
miles of city limits. MCI's long distance network does not provide access points directly to local
customers within 5 miles of the City limits
Description of the type of line used to provide the service (Fiber Cable etc.): 24 fiber optic
cable
Description of the facility(conduits,ducts,size,configuration). A single 4-inch HDPE conduit
occupied by(3) 1.25-inch subducts 1 occupied by the cable
Number of lines in the facility 1 subduct occupied(2 spare)
Capacity of the lines* 24 fibers
Excess capacity-number of unused conduits and unused"dark"fiber(2) 1.25-inch subducts
spare
For existing facilities. excess capacity after Installation of applicant's facilities. NA
Information about the Service
Description of the type of telecommunications services that are or will
be provided(voice video,data etc.). Long distance telecommunications services as authorized
by the Washington Utilities and Transportation Utilities Committee
Version Date 03119/2008
PUBLIC WAY AGREEMENT
Page 2
EXHIBIT "C
STATEMENT OF ACCEPTANCE
MCI Communications Services, Inc., 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
MCI Communicati s Services, Inc
By Date 4-aG-ob
Name: Robert H. Bohne
Title: Director
STATE OF 7C)a5 )
)ss
COUNTY��OF-PA-{-M6 )
On this /-t77%IIay of {4024L 200 before me the undersigned, a
Notary Public in and for a Stat c , duly commissioned and sworn,
personally appeared, of MCI Communications Services,
Inc., 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 /h�e-rJ�eii/nnaabb(oove�spet forth
/ r V V/S/•� '', CEUA H.PoOIF
i,� MY COMMISSION EXPIRES
g ... Apx taON E
Signature _..-��w,__.,.
NOTARY PUBLIC in and for the
Tpvt� , residing at
MY COMMISSION EXPIRES' I/iq I l:3� W1
Version Date: 04/15/2008
PUBLIC WAY AGREEMENT
Page 15
Performance Bond(Rights-of-Way)
Amount. $50.000.00 Bond No 6547679
KNOW ALL MEN BY THESE PRESENTS.
That we, MCI Communications Services, Inc., 2400 North Glenville Drive, Richardson,
TX 75082 as Principal, and Safeco Insurance Company of America, Safeco Plaza,
Seattle WA 98185 as Surety,are held and firmly bound City of Auburn, Washington
as Obligee, in the sum of(Fifty Thousand )and 00/100 Dollars( $50,000.00
for the payment of which we bind ourselves,our heirs,executors, administrators,
successors and assigns,jointly and severally, by these presents.
WHEREAS,the Principal is required by the City of Aubum.WA code ACC Section
20.10.250, in effect at the effective date of this bond, to post this bond regarding the
Public Way Agreement granted to MCI Communications Services. Inc. to install,
construct,erect,operate,maintain, repair, relocate and remove its facilities in,on,
upon, along and/or across those right(s)-of-way within the ( City of Auburn,WA
)affected by the installation of fiber optic telecommunications. Facilities
shall include,but not be limited to,roadways,curbs, sidewalks, sewer lines,culverts,
inlet, drainage facilities, signs, landscaping, and the like, as a condition for granting
agreement between (City of Auburn,WA ) and (MCI Communications Services,
Inc.
WHEREAS,the Obligee has agreed to accept this bond as security for performance
of Principals obligations under said agreement:
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH that if
the Principal shall faithfully perform its obligations under said agreement, then this
obligation shall be void, otherwise to remain in full force and effect.
PROVIDED HOWEVER, that this bond is executed subject to the following express
provisions and conditions:
1 In the event of default by the Principal, Obligee shall deliver to Surety a written
statement of the details of such default within 30 days after the Obligee shall learn of the
same,such notice to be delivered by certified mail to address of said Surety as stated
herein.
2. This bond may be terminated or canceled by surety by giving not less than sixty (60) days
written notice to the Obligee, stating therein the effective date of such termination or
cancellation. Such notice shall not limit or terminate any obligations resulting from
default by the Principal that may have accrued under this bond prior to the effective date
of such termination.
3 Neither cancellation nor termination of this bond by Surety,nor inability of Principal to
file a replacement bond or replacement security for its obligations, shall constitute a loss
to the Obligee recoverable under this bond.
4 No right of action shall accrue on this bond for the use of any person, corporation or
entity other than the Obligee named herein or the heirs,executors,administrators or
successors of the Obligee
5 The aggregate liability of the surety is limited to the penal sum stated herein regardless of
the number of years this bond remains in force or the amount or number of claims
brought against this bond.
This bond shall not bind the Surety unless it is accepted by the Obligee by signing
below.
IN WITNESS WHEREOF, the above bounded Principal and Surety have hereunto
signed and sealed this bond effective this 17th day of March , 20.0
MCI Communications Services, Inc. Safeco Insurance Company of America
By- By:
J " K e l Hartnett Menuel Jones,Attomey -Fact
Assistant Treasurer
(for insurance p es onl
i
Accepted by Obligee-
(Signature&date above-Print Name,Title below)
i
Safeco Insurance Company of America
POWER Safew Plaza
eransurance Comveny of America
* OF ATTORNEY Seethe,WA 90185
KNOW ALL BY THESE PRESENTS:
No. 13030
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
Washington Corporation,does each hereby appoint
*'PATRICK BANNON;RACHEL COLE;MENUELJONES;ERIN M.MARGELIS;MYRNA L SMITH;BRIAN ST.CLAIR;
Washington,D,C..».....................................
....««.«««.«.««...........».»«...»....
Its true and lawful attorney(s)-in-fact,with full authority to execute on Its behalf fidelity and surety bonds or undertakings and other
documents of a similar character Issued in the course of Its business,and to bind the respective company thereby.
IN WITNESS WHEREOF SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this 14th day of September 2007
u
STEPHANIE DALEY-WATSON.SECRETARY TIM MIKOLAJEWSKI,SENIOR VICE-PRESIDENT,SURETY
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
'Article V.Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice
President appointed for that purpose by the officer In charge of surety operations,shall each have authority to appoint Individuals as
attorneys-In-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character Issued by the company In the course of Its business...On any Instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any Instrument Conferring such authority or on any bond or
undertaking of the company the seal, or a facsimile thereof, may be Impressed or affixed or In any other manner reproduced;
provided,however,that the seal shall not be necessary to the validity of any such Instrument or undertaking'
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adapted July 28,1970.
'On an certificate executed by the Secretary or an assistant secretary or the Company setting out,
yI) The provisions of Article V,Section 13 of the By-Laws,and
(ii) A copy of the powervof-aflomey appointment,executed pursuant thereto,and
(Iii) Certifying that said power-of-attorney appointment Is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimlle thereof.'
I,Slephenle Daley-Watson ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE
COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors
of these corporations,and of a Power of Attorney Issued pursuant therein,are true and correct,and that both the By-Laws,the Resolution
and the Power of Attorney are still In full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation
I this I -1-l�' day of
gv09r(j. ECPd1p9
13' G°pPO�Tt
CORPORATE
SEAL w SEAL �C ��U rk�
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a� 7953 102 `/
'?f-Orr WASNk�''o �eIC �«s STEPHANIE DALEY-WATSON,SECRETARY
mwv
9afeco®an0 Ne 5arvco logo ere ngistaratl eatlamuks ol9afeco Carporaaon.
S-0974105 4/05 WEB POF
ACORD,. CERTIFICATE OF LIABILITY INSURANCE D^TE03/11//YYYY)
03/11/2008
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
ADD Risk Services Northeast Inc
fka Aon Risk Services, Inc. of New York AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
199 water Street CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE
New York NY 10038-3551 USA COVERAGE AFFORDED BY THE POLICIES BELOW
PIONS- 866 283-7122 FAX- 847 953-5390 INSURERS AFFORDING COVERAGE NAICB
INSURED INSURER A, American Home Assurance Co. 19380
MCI Communications services, Inc INSURER B: C
140 west Street
New York NY 10007 USA INSURER f.
INSURER D. '+
9_
INSURER E.
ICOVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR ME POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY DE ISSUED OR MAY
PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBLECTIO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUL-11 POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADV POLICY BPYECTIY POLN'Y EXPRATTON
LW KtR TYPE OF INSURANCE POLICY NUMBER DATEIMSADDIYYI BATC(NINI\DDIYT LIMITS
A eMLLIABII.T 1595312 06/30/07 06/30/08 CACTI OCCURRENCE 51,000 000
General Liability (c
X
COAIMERCIALGF.NFRALLIAMLITY DAMAGE TO RENTED 51,000,000
CLAIMSMADE [:] OCCUR PREMISLq IEo meurerc[I
MIMEXP(AwwNOmxrap
PCRSONALAADVINIURY 11,000,000 p
AA
GENERAL AGGREGATE 52,000,000 q�p
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS COMPOI'AG(1 $2,000,000 Pnl
® POLICY IEC( ❑ La CI
n
A AIITOMORMLE LIABILITY 1606848 06/30/07 06/30/08 IYIMIDNED SINGLE LIMIT
ANY AUTO Auto Liability verizon 4 IPa anYkwl 51 000 000
A 1606849 06/30/07 06/30/08 a.
ALL OWNED AUTM Auto Liability- verizon BOBBY INJURY
A SCIIEDULEDAUTOS CA1606847 06/30/07 06/30/08 (pm p(wnl c
Auto Liability- verizon
HIRED AUTOS BODILY MIURY t
NONOWNEDAUTOS IPn saueml V
PROPERTY DAMAGE
(Pn.c ')
GARAGE LIABILIT AUTOONLY BAACCIDENi
ANY AUTO
OTHER TITAN EA AfC
AUTO ONLY:
AO(1
r,-,T"T,.. LIABILITY' EACH OCCURRENCE
CUCLAIMS MADE AGGREGATE
CTIDLf:
x I IRKERq COMPENSATION AND wC STA T'IY -11 0.SIY F.MPLOVERS'LIABILITY R.L.EACH ACCIDENT
AYY PRINRICTOR/PARTNER I EXECUTIVE _
OFFICER/MEMBER EXCLUDEM F..L.DISEAg'.-EA P,MPLOYFr
Wpm.JwN.,WH,SPECIAL PROVISIONS rt L.DISEASE-POLIO'LIMIT
b Wr
OITIER
DEB RIMON OF OPERATIONSM1 ATONSNEHICLESC CLUSIONS ADDED BY ENOORBFMENr15PECIAI PROVISIONS 25
Re. Right of way use permit
The City of Auburn is included as Additional insured as required by written contract. This coverage is primary and
non-contributory as required by written contract
CERTIFICATE.HOLDER I
,ANCELLATION .�.�._
City of Auburn, WA SHOULD ANY OF TI IE ABOVE ULSCRIDED POLIC'I ES DE CANCELLED BEFORE THE EXPIRATION L_
ATtn Amber Mund DATE.THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL
25 west Main street lO DAYS WRITTEN NOTICE TO TRIG CERTIFICATE HOLDER NAMED TO THE LEFT
Auburn WA 98001 USA BUT FAILURU TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER.ON AGFN7S OR REPRESENTATIVES,
Bhr
AUTHORIZED REPRESENTATIVE
ACORD 1542001/08) ,.Sew ACORD CORPORATION✓/' _
POLICY NUMBER: GL 159-53-12 COMMERCIAL GENERAL LIABILITY
VERIZON COMMUNICATIONS INC. CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s): Locations Of Covered Operations
AS REQUIRED BY WRITTEN CONTRACT OR
AGREEMENT
Information required to complete this Schedule if not shown above will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these
include as an additional insured the person(s) or additional insureds, the following additional exclu-
organization(s) shown in the Schedule, but only sions apply,
with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or
damage" or "personal and advertising injury' "property damage"occurring after
caused, in whole or in part,by: 1. All work, including materials, parts or equip-
1 Your acts or omissions;or ment furnished in connection with such work,
2. The acts or omissions of those acting on your on the project(other than service, maintenance
behalf; or repairs) to be performed by or on behalf of
in the performance of your ongoing operations for the additional insured(s) at the location of the
the additional insured(s) at the location(s) desig- covered operations has been completed or
nated above 2. That portion of "your work" out of which the
injury or damage arises has been put to Its in-
tended use by any person or organization other
than another contractor or subcontractor en-
gaged in performing operations for a principal
as a part of the same project.
CG 20 10 07 04 C ISO Properties, Inc. 2004 Page 1 of 1 ❑
INSURED'S COPY
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 , 2012.
CI OF A
PETER EWIS, MAYOR
ATTEST
fLad�
Danielle E. Daskam, City Clerk
AXB. H RM:
D ttorrie'y
Resolution No.4797
May 97 2012
Page 2 of 2
AMENDMENT NO. 1
ADDENDUM TO PWA 08-03 AGREEMENT
BETWEEN MCI COMMUNICATIONS SERVICES, INC. AND THE CITY OF AUBURN
RELATING TO PUBLIC WAY AGREEMENT
THIS AMENDMENT is made and entered into this 36 day of
2012,by and between MCI Communications,Services,Inc.,a Delaware corpot on(" CP')and the
CITY OF AUBURN, a municipal corporation of the State of Washington ("CITY"), as an
amendment to the Agreement ("2008 Agreement") between the parties for public way access
executed on the 28th day of April, 2008 (PWA 08-03).
RECITALS.
1 MCI's predecessor in interest,WorldCom Network Services,Inc.,and the City executed a
public right of way agreement ("1996 Agreement") on December 17, 1996 (PWA 96-07), which
agreement allowed MCI to construct, replace, maintain, and use equipment and facilities for an
underground fiber optics trunk line within the City The 1996 Agreement contained a rolling five-
year renewal period, the most recent of which expired on December 16, 2011.
2. The parties agree that combining the 1996 Agreement and the 2008 Agreement would
make it easier for them to administer the equipment and facilities within the City
NOW THEREFORE in consideration oftheir mutual covenants,conditions and promises,the
PARTIES HERETO HEREBY AGREE as follows:
1 Exhibit"A"to PWA 08-03 is amended to include the facilities set forth on Exhibit A to
this Amendment.
2. This Amendment, and any rights granted hereunder,shall not become effective for any
purpose unless and until MCI files with the City Clerk the Statement of Acceptance within 30 days
after the effective date of the resolution approving this Amendment,attached hereto as Exhibit`B"
and incorporated herein by reference. The date that the Statement of Acceptance is filed with the
City Clerk shall be the effective date of this Amendment.
3 That all other provisions of PWA 08-03 shall remain unchanged, and in full force and
effect.
PWA 08-03A1
Page I of 2
IN WITNESS WHEREOF the parties hereto have executed this Amendment as of the day and
year first above written.
MCI COMMUNICATIONS SERVICES, INC. CIT OF A
By By-
Its: Don Hirschenhof : Manager Peter B. Lewis, Mayor
Witness: Attest: qq /
By `� ii By
Je ar iewicz unici al Affars Daniell e . Daskam. City Clerk
Approved as to form: Ap o a fo
Att ey for MCI Daniel B. Heid, City Attorney
PWA 08-03A1
Page 2 of 2