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HomeMy WebLinkAbout4222 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review 8ate: Vault Date: Comments: 4222 PUBLIC UTlLITY DISTRICT #1 OF KITSAP CO Master Permit - Telecommunications System in ROW Engineering LEG 12-1 10/10/2001 10/09/2011 08/01/2011 5 yr option to renew Addendum 11/02 ADDENDUM TO MASTER PERMIT (Kitsap Public Utility District) The Master Permit dated October 31, 2001 issued to KITSAP PUBLIC UTILITY DISTRICT ("Grantee") by the CITY OF BREMERTON ("Grantor") is hereby amended to include the following sections: 21. Release and ltold Harmless. The Grantee hereby agrees not to sue or seek any money or damages from the City and does release the City from any and all liability and responsibility in or arising out of the construction, operation, repair or maintenance of a telecommunications system in the fight-of-way. The Grantee agrees to indemnify and hold harmless the City, its trustees, elected and appointed officers, agents and employees, from and against any and all claims, demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs, expenses, judgments, or decrees, sustained by the City or any third party arising out of, or by reason of, or resulting from the acts, errors, or omissions of the telecommunications system operator or its agents, independent contractors or employees related to or in any way arising out of the construction, operation, repair or maintenance of the facilities in the public fights-of-way. 22. Insurance. Grantee shall not commence construction or operation of the telecommunications system, nor allow any contractor or subcontractor to commence work, until the following insurance has been obtained and approved: · Comprehensive General Liability; including personal injury, premises, operations, completed operations, contracts, products liability and XCU, and Automobile Liability Insurance all in the minimum amount of $1,000,000 per occurrence and $3,000,000 annual aggregate for bodily injury and property damage. · Statutory Workers' Compensation coverage and Employers' Liability coverage of at least $500,000 per occurrence. Certificates evidencing this liability insurance shall be kept current, name the City an additional insured, and include a copy of the additional insured policy endorsement. 30 days advance notice of policy cancellation shall be provided. Completed operations and products liability coverage shall be maintained for two years after the termination of the master permit. Dated this 7Lb day of Novoml~r ,2002. // // KPUD Master Permit Addendum Page 1 of 2 CITY OF BREMERTON KITSAI~ PUBLIC UTILITY DISTRICT CARY BOZEMAN, Mayor ' By~ ' ' David R. Siburg, ~eral Manager Prim Name and Title DE~/] ~L A~PROVAL I~I'TI~L~E~ f ~cE[,USKE' ~ Y Byt/// ~/ - . . APPROVED AS TO FORM ' Joseph M. Finotti, ~IqG/OPS Admin. Asst. -------_Q----"~.~ Print Name and Title ROGER LUBOVICH, City Attorney KPUD Master Permit Addendum Page 2 of 2 MASTER PERMIT (Kitsap Public Utility Distric0 1. Non-Exclusive Right. This Master Permit grants to Kitsap Public Utility District a non exclusive right to construct, maintain, operate, replace and repair a telecommunications system in the public right-of- way, for the purpose of providing communications services as allowed by law, either directly or through leasing its facilities to third parties, subject to certain conditions and duties as further provided. 2. Master Permit Area. The Master Permit area shall mean that area within the present and future corporate limits of the city. 3. Parties. This Master permit is between the City of Bremerton as Grantor, hereafter "City" and Kitsap Public Utility District as Grantee, hereafter "Grantee", who is a municipal corporation in Washington State. 4. Authorizations. In return for promises made and subject to the stipulations and conditions stated, the City grants to Grantee general permission to enter, use, and occupy the right of way, as defined in RCW 35.99.010 (5); to locate facilities, to provide telecommunications service to the public, whether directly as allowed by law or through the lease of its facilities to third parties, in the City of Bremerton. The Grantee understands that under RCW 54.16.330, a public utility district is authorized to provide telecommunications services for its internal needs and wholesale to third parties, but is not authorized to provide telecommunications services directly to end users. It is the understanding of the parties that if the law changes to permit public utility districts to provide telecommunications services directly to end users, this permit shall serve as the authorization to provide such services. This grant is in the nature ora Master Permit, as referenced in RCW 35.99.010 (3), and is not in lieu of a specific use permit as may be required by City code or policy. In addition, Grantee's use is also subject to Telecommunications Ordinance No. 4777 and all other ordinances, rules and regulations adopted by the City relating to telecommunications services and right of way use as they are in effect at the time of the written acceptance of this Master Permit by the Grantee. In accepting this Master Permit, Grantee Kitsap Public Utility District Mast~ Permit Page I of 9 stipulates and agrees to the City's authority to issue and require the Master Permit and stipulates and agrees to the other terms and conditions hereof. If following Grantee's acceptance of the Master Permit the City modifies or adopts new ordinances, rules or regulations which conflict with the Master Permit and adversely affect the Grantee, then the terms of the Master Permit shall prevail. 5. Term: This Master Permit is granted for a period of not more than five (5) years, subject to all termination clauses within this Permit. The Grantee and the City agree, however, that at the end of five (5) years, the grantee shall have the option to renew the permit for an additional five (5) years, subject to changes, if any, in federal, or state, law, any changes in generally applicable taxes or fees and renegotiation of any other terms determined to be in the best interest of the City. 6. Amendments. The Grantee and the City agree that the Master Permit can be amended at any time, upon written agreement by both parties to allow Grantee to provide services to the City or to make the Master Permit consistent with other service agreements between the Grantee and the City. Subject to Section 4 the City reserves for itself the right at any time upon ninety (90) days written notice to the grantee, and providing the grantee an opportunity to be heard, to so change, amend, modify or amplify any of the provision or conditions here enumerated to conform to any state statute or city regulation, relating to the public welfare, health safety or street regulation, as may hereafter be enacted, adopted or promulgated. 7. Customer Service. Grantee shall remain in good standing a municipal corporation in the State of Washington and pay any fees or similar obligations applicable thereto. Grantee shall maintain a reliable mailing address, with a named responsible individual person as necessary for consumer contact and a local agent for service of process, a toll free public telephone number, fax number, and accessible email address 24 hours a day, seven days a week for customer access. The voice and fax telephone numbers shall be personally staffed at least during normal business hours. Any changes Kitsap Public Utility District Master Permit Page 2 of 9 to this information shall be stated in writing and sent to the Administrator. Grantee promises to provide safe and reliable service and to comply with all applicable federal, state and local laws, including municipal regulatory ordinances, resolutions of the City Council and orders of the Administrator relating to use of the right of way or otherwise to the application, enforcement or interpretation of this Master Permit, as may now or hereafter arise. 8. Notices. All notices shall be in writing and provided as follows: Telecommunications Manager P.O. Box 1989, Poulsbo, WA 98370 Voice telephone: (360) 779-7656 x730 Fax telephone: (360) 779-3284 Email: djones@kpud.org City of Bremerton Administrative Services Director 239 Fourth Street Bremerton, WA. 98311 9. Taxes. Nothing in this Master Permit shall limit Grantee's obligation to pay applicable local, state or federal taxes including local gross receipt tax pursuant to Bremerton Municipal Code Title 5. Provided however, that nothing in this permit shall prevent the City and Grantee from negotiating for services in lieu of taxes. 10. Facilities for Cit~ Use. Consistent with RCW 35.99.070, at such time as Grantee is constructing, relocating, or placing ducts or conduits in right of way or other permitted areas, the Administrator may require Grantee to provide the City with additional duct or conduit and related structures necessary to access the conduit, provided that: A. The City enters into a contract with the Grantee consistent with RCW 80.36.150. The contract rates to be Kitsap Public Utility Dis~ct Master Permit Page 3 of 9 charged should recover the incremental costs of Grantee. If the City makes the additional duct or conduit and related access structures available to any other entity for the purposes of providing telecommunications or cable television service for hire, sale, or resale to the general public, the rates to be charged shall recover at least the fully allocated costs of Grantee. Grantee shall state both contract rates in the contract. The Administrator shall inform the Grantee of the use, and any change in use, of the requested duct or conduit and related access structures to determine the applicable rate to be paid by the City. B. Except as otherwise agreed by Grantee and the City, the parties agrees that the requested additional duct or conduit space and related access structures can be used by the City to provide telecommunications or cable television service for hire, sale, or resale to the general public, at the commercial rate applied to other customers. C. The City shall not require that the additional duct or conduit space be connected to the access structures and vaults of the Grantee. 11.Under Grounding: The purpose of this section is to recognize and preserve the City's control over uses of the public right of way, particularly with respect to policies regarding the under grounding of overhead lines for aesthetic reasons. Consistent with any general municipal under grounding policy or program now or hereafter developed, the City reserves the right to require Grantee's participation in municipally imposed under grounding or related requirements as may now or hereafter arise, as a condition of Grantee's new installation or major maintenance or restoration construction activities of overhead facilities under this Master Pe~-nfit. Grantee agrees to coordinate its underground installation and planning activities with the City's underground plan and policies; provided, in no event shall any third party beneficiary Rights be implied or created. Kitsap Public Utility Dis~ict M~stex Permit Page 4 of 9 12. Revocation: A. This Master Permit may be revoked for violation of any terms and conditions of the Master Permit or other city ordinances, resolutions or policy including but not limited to the following: 1. Construction or operation in the public rights-of-way of the City or upon City property in a manner in violation of this Master Permit; 2. Construction or operation at an unauthorized location in the public rights-of-way of the City or upon City property; 3. Misrepresentation by or on behalf of Grantee in any material respect in any application or written statements or documents to the City upon which the City relies in making the decision to grant, review, or amend this Master Permit. 4. Abandonment &telecommunications facilities in the public ways or upon City property; 5. Failure to relocate or remove facilities as required in this Master Permit or other governing ordinances; 6. Failure to pay taxes, compensation, fees, or costs when and as due the City under this Master Permit; 7. Insolvency or bankruptcy of Grantee; 8. Violation of any material provision of this Master Permit or Telecommunications Ordinance No. 4777, which is not timely cured upon notice to Grantee by the City. B. In the event that the City believes that grounds exist for revocation of this Master Permit, Grantee shall be given written notice of the apparent violation or noncompliance, and provide the Grantee a reasonable period of time not exceeding thirty (30) days to furnish evidence: 1. That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance; 2. That rebuts the alleged violation or noncompliance; or 3. That it would be in the public interest to impose some penalty or sanction less than revocation. Kitsap Public Utility District Mastex Permit Page 5 of 9 C. In the event that Grantee fails to provide evidence reasonably satisfactory to the Administrator, the Administrator shall refer the apparent violation or non-compliance to the City Council or Hearings Examiner. The City Council or Hearings Examiner shall provide the Grantee with reasonable notice and a reasonable opportunity to be heard concerning the matter. 13. Master Permit Administration. A. General administmflon of this Master Permit for the City is through the office of the Administrator. However, the Administrator may delegate his/her authority and responsibility to other agents of the City. All questions of application, interpretation, conflict or ambiguity arising out of or in connection with this Master Permit may be determined through communications with the Administrator, except where otherwise specifically stated. B. Grantee may appeal any decision of the Administrator to the City Council or Heatings Examiner by filing a written notice of appeal within thirty (30) days of the date of issuance of the Administrator's decision, with copies also sent to the Mayor, Administrator and City Attorney. The notice of appeal must include a copy of the Administrator's decision and a complete record originally submitted to the Administrator by Grantee. The Administrator shall submit any additional response to the City Council or Hearings Examiner within ten (10 Day) of receipt of the notice of appeal. The City Council or Hearings Examiner shall schedule a heating within a reasonable period of time but not to exceed sixty (60) days from filing of the Notice of Appeal and decide the question submitted. 14. Acts Diseretionary~ Reservation of Authority. A. All City acts undertaken pursuant to this Master Permit shall be deemed discretionary, guided by considerations of the public health, safety, esthetics and convenience and other provisions of this Master Permit. Grantee agrees that the City reserves all municipal powers now or hereafter granted by law, including without limitation the power to tax and license, regulate activities and land use, protect the public health and safety, and regulate and control use of public right of way. Kit.sap Public Utility DisVrict Mast~ P~rmit Page 6 of 9 B. Should Grantee have any question as to a conflict or ambiguity with respect to its rights under this Master Permit or applicable federal or state law, it agrees to first submit the same to the Administrator, with any supporting materials or authorities. The intent of this provision is to provide a quick and efficient means of understanding and resolving problems arising under this instrument. 15. No Transfer~ No Stock to Be Issued. A. This Master Permit shall not be sold, leased, assigned or otherwise alienated without the express consent of the City and no rule of estoppels shall be invoked against the City in case the City shall assert the invalidity of any attempted transfer in violation of this section. The City agrees not to withhold consent where Grantee demonstrates that the requested assignment is in the nature of a change of name or a change in the nature of a reorganization or merger of or with an entity controlled by, controlling, or under the common control of the Grantee, there being no other change in the resulting entity's ability to meet its Master Permit obligations B. The City reserves the right to invoke any or all provisions of this Master Permit upon the Grantee's successors or assigns, judgment creditors, or distributees of facilities or property used in enjoyment of privileges conferred herein, whether or not stated elsewhere, all without waiver of the right to withhold consent not expressly given of any such transfer and/or require a new Master Permit. C. Grantee will not permit installations by others in permitted areas without written approval from the Administrator. Such approval shall not be in lieu of a permit or other requirements of the City. Whether or not permitted, Grantee remains responsible for all third party users permitted or allowed by Grantee for compliance with this Master Permit. The intent of this provision is to require third parties who desire to use Grantee's facilities to comply with city requirements regarding Master Permits as they may apply. 16.Commence of Construction. The Grantee shall commence construction work under this Master Permit within twelve (12) months after the effective date hereof. Kitsap Public Utility District Master Permit Pagc 7 of 9 17.Changes In Law. In the event of significant change in the law regulating Grantee's activities under this Master Permit or change in municipal authority to act under the te~ms oftbe Master Permit, or significant change or advancement in technology governing Grantee's functions, the parties, upon mutual agreement, may renegotiate any or all provisions of this Master Permit, but no obligation to do so is created by this section. 1 &Governing Law and Venue. The laws of the State of Washington govem this Master Permit, and venue for any litigation arising out of or in connection with privileges extended herein is stipulated to be in Kitsap County. 19.Severability. If any section sentence, paragraph, term or provision hereof is determined to be illegal, invalid, or unconstitutional, by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such determination shall have no effect on the validity of any other section, sentence, paragraph, term or provision hereof, all of which will remain in full force and effect for the term of the Master Permit, or any renewal thereof. 20.Effective Date. The provisions of this Master Permit shall be effective as of October 10, 2001, and remain in force and effect for the remainder of the term, as specified in Section 3; PROVIDED, that if Grantee does not accept this Master Permit within 14 days of the effective date by its written acceptance by the Grantee, signed by its proper officers, and filed with the City Clerk, this Master Permit shall become null and void. Datedthis-~ dayof C)c.--kn, {~-~ ,2001. City of Bremerton: Lynn S. Horton, Mayor Kits,ap Public Utility District Master Permit Page 8 of 9 Department Approval: Kathleen L. McCluskey Administrative Se~ices Director City Attorney: Kitsap Public utility District for itself, its successors and assigns, hereby accepts this Master Permit and all the terms and conditions thereof, and files this, its written acceptance, with the City of Bremerton, Kitsap County, Washington. Dated this ~r~ day of OOt~,~e.*' ,2001. Kitsap Publle Utility District: L o.vD 5. Print Name Print Title Print Nme ~flt T~tle Kitsap Public Utility District Master Permit Page 9 of 9 • . • Haag Aco o► CERTIFICATE OF LIABILITY INSURANCE • D /DD/YYYY) 12/15/2015/2015 • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT.AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES .BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION"IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to.the . certificate holder,in-lieu of such endorsement(s). PRODUCER CONTACT -- •• • '- ',, - Pacific Underwriters Corp. • .. NAME: - Richard Rodruck - ..- 12611 Des Moines Memorial Drive (• A/C.No Ext): 206-248 2254 • (A//C,No):206-248-01'30'.' Seattle,WA 98168 ADDRESS: dick@purms.org " ' . INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: PURMS Self-Insurance Fund INSURED Public Utility District No. 1 of INSURER B: Kitsap County,Washington INSURER C: P.O. Box 1989 INSURER D: Poulsbo,WA 98370 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MMIDDIYYYY) (MMIDDIYYYY) X COMMERCIAL GENERAL LIABILITY 01/01/2016 12131/2016 EACH OCCURRENCE _ $ 1,000,000 None DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 1,000,000 A - • MED EXP(Any one person) $ 1,500 PERSONAL&ADV INJURY $ 1,000,000 • GEN'L AGGREGATE LIMIT APPLIES PER: . ._ _. . . - GENERAL AGGREGATE. $ .... 1.,000,000 POLICli Y PRO- - ' - - JECT LOCPRODUCTS-COMP/OP AGG $ 1,000,000 OTHER: . - $., . AUTOMOBILE LIABILITY - - COMBINED SINGLE LIMIT-- $ 1,000,000 None • 01/01/16 12/31/16 ODIL Bidem) X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS ' HIRED AUTOS NON-OWNED - - PROPERTY DAMAGE • $ AUTOS (Per acddenl) . $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER 1OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER.EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory In NH) - - - E.L.DISEASE--EA EMPLOYE$ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Bremerton is named as Additional Insured with respect to the work in the right-of-way. CERTIFICATE HOLDER CANCELLATION City of Bremerton Financial Services SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: City Clerk ACCORDANCE WITH THE POLICY PROVISIONS. 345 Sixth Street, Suite 600 Bremerton, WA 98337-1873 AUTHORIZED REPRESENTATIVE• • ©1988-2014 ACORD CORPORATION. A I rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD