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DOCUMENT TYPE:
YEAR: ~DO I
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FILE NUMBER: ) 5 L/ 4).
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AUGUSTA-RICHMOND COUNTY COMMISSION
JAMES B. WALL
CITY A TIORNEY
LEE BEARD
ULMER BRIDGES
JERRY BRIGHAM
HENRY H. BRIGHAM
ANDY CHEEK
RICHARD L. COLCLOUGH
WILLIAM B. KUHLKE, JR.
STEPHEN E. SHEPARD
MARION WILLIAMS
BOB YOUNG
Mayor
P.O. Box 2125
454 GREENE STREET
AUGUSTA, GA 30903
Bus, (706) 821-2488
FAX No: (706) 722-5984
E-MAIL: JWALL@CO.RICHMOND.GA.US
GEORGE R. KOLB
Administrator
WM. "WILLIE" H. MAyS, III
Mayor Pro Tern
June 18,2001
Ms. Lena Bonner
Clerk, Commission
8th Floor, City-County Bldg.
Augusta, GA 30911
RE: Qwest Communications
Dear Lena:
I enclose herewith the original of the Underground Right-of-Way Permit for the
installation of 22,955 feet of fiber optic cable issued to Qwest Communications Corp. Please
place this in the City's permanent records.
By carbon copy of this letter, I am forwarding a copy to Donna Williams and
Teresa Smith for their file.
With best personal regards, I am
Yours very truly,
~
James B. WalIJ.o-p
JBW/sjp
Enclosure
cc: Donna Williams
Teresa Smith
/
May 3D, 200 I
AUGUSTA, GEORGIA
UNDERGROUND RIGHT -OF- WAY PERMIT
Permission is hereby granted by Augusta, Georgia ("Augusta") to Qwest Communications
Corporation ("Permittee") to make excavation into the rights-of-way of the streets listed below,
under the terms and conditions set forth in this permit.
1. Term. This permit shall be valid for a period of one (1) year from the date of
issuance. This permit shall automatically be renewed for additional terms of one (1) year unless
notice ofthe intent to cancel is provided by Permittee to Augusta no later than sixty (60) days prior
to expiration of the then-current term, subject to the City's right to adjust the fee for such Permit.
2. Rights not exclusive. Nothing contained in this Permit shall ever be held or
construed to confer upon Permittee, its successors and/or assigns, exclusive rights or privileges of
any nature whatsoever.
3. Conditions of Use.
a. Prior to beginning any work in any public streets or rights of way, Permittee
shall obtain from the Augusta Public Works Department, the Augusta License & Inspection
Department and the Augusta Parks Department any permits which may be required by Augusta or
any other governing authority for the installation of 22,955 feet of fiber optic cable contemplated
herein (hereinafter "System"). Permittee is further required, before beginning any excavati6n in a
right-of-way, to contact all applicable utility companies for location of buried cable, water services
or mains, gas lines, and the like. All construction allowed under this Permit shall be accomplished
under the supervision and direction of the Public Works Department, or such other offices as
Augusta may designate. Permittee shall not unnecessarily obstruct or impair traffic upon any street,
road or other public way of Augusta and shall comply with all of Augusta's rules and regulations
designed to prevent damage to trees and shrubbery on or adjacent to such public streets or rights of
way which may be caused its installation of System hereunder.
b. Upon making an opening in any public way, street, sidewalk or road as
authorized by this Franchise for the purpose of laying, constructing, repairing and/or maintaining
said System, Permittee shall, without unnecessary delay, replace and restore same to its former
condition as nearly as possible, and in full compliance with the provisions of Augusta's policies,
rules, regulations and/or ordinances. Permittee shall re-sod disturbed grassed areas and replace all
excavated areas to their original or better condition in order to minimize the disruption of public
property. Permittee shall, at its sole cost, repair paving cuts in a good and workmanlike manner to
specifications outlined by the Public Works Department.
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~by 30, 200 I
c. Permittee shall provide safe passageway for pedestrians and vehicles through,
in and around the work site areas. Work shall be performed at night, if requested by Augusta, so as
not to impede regular business traffic. Permittee shall use directional boring in all areas where
possible unless otherwise required or approved by Augusta. Permittee shall meet all local and State
requirements for traffic control and notify Augusta at least 24 hours prior to the commencement of
work or the accessing of Augusta conduit, except in cases of emergency.
d. Permittee shall not cut or install any ditches or trenches within the root zone
of any tree but rather shall bore under the same unless written permission to do otherwise is provided
in advance by the Augusta Trees and Parks Department or its designee.
e. In all sections of Augusta where the cables, wires or other like facilities of
public utilities are placed underground, Permittee shall place its cable, wires or other like facilities
underground to the maximum extent that existing technology reasonably permits Permittee to do so;
provided, however, where Augusta's ordinances require such facilities to be placed underground,
nothing herein shall be deemed a waiver of such requirement.
f. Permittee shall file with the Augusta-Richmond County Engineering
Department true and correct maps or plats of all existing and proposed installations and the types of
equipment and facilities installed or constructed, properly identified and described as to, the type of
equipment and facility by appropriate symbols and marks and which shall include annotations of all
public ways, streets, road and conduits where the work is to be undertaken. Maps shall be drawn in
a scale and in such detail so as to allow proper review and interpretation by the Public Works
Department and the Trees and Parks Department, and the same will be filed with Augusta not less
than ten (10) working days before any excavation or installation of said cable or equipment or
facilities commences.
g. If, at any time during the term of this Permit or any extension thereof,
Augusta shall lawfully elect to vacate, relocate, abandon, alter, reconstruct or change the grade of
any street, sidewalk, alley or other public way including any related drainage and utility areas,
Permittee, upon reasonable notice from Augusta, shall remove, relay and relocate its wires, cables
and other fixtures and equipment at its own expense and within reasonable time schedules
established by Augusta. Should Permittee refuse or fail to remove its equipment or plant as provided
for herein within 45 days after written notification, and should such failure result in a danger to the
public or cause a delay in a public project, Augusta shall have the right to do such work or cause it
to be done and the full cost thereof shall be chargeable to the Permittee, or in the alternative, to
consider such failure by the Permittee to remove its equipment or plant as abandonment of all
ownership rights in said property.
h. Permittee shall keep Augusta fully informed as to all matters in connection
with or affecting the construction, reconstruction, removal, maintenance, operation and repair of
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May 30. 200 I
Permittee's System installed hereunder. Permittee shall report to Augusta such other information
relating to the Permittee as Augusta may consider useful and shall comply with Augusta's
determination of forms for reports, the time for reports, the frequency with which any reports are to
be made, and if reports are to be made under oath. Augusta may at any time make inquiries
pertaining to Permittee's operation of its System within Augusta. Permittee shall respond to such
inquiries on a timely basis.
i. Permittee shall install and maintain its wires, cables, fixtures and other
equipment in accordance with the requirements of all applicable Augusta codes, ordinances and
regulations, and in such a manner that they will not interfere with any existing installations of
Augusta or of a public utility serving Augusta.
4. Permit specifications; Payment.
a. Right-of-way occupancy permitted hereunder shall be 22,955 feet of Permittee's
System, to be installed in the rights-of-way of the following streets:
Twiggs Street, 4,845 feet; Martin Luther King, Jr. Blvd., 7,263 feet; Milledgeville Road, 5,223 feet;
Old Savannah Road 5,624 feet.
b. The granting of this permit is conditioned upon the payment by Permittee to
Augusta of the sum of $21,737.69 which represents the total number of linear feet of Perimeter
System to be installed in the rights-of-way of Augusta pursuant to this Permit times the rate per
linear foot, which shall be paid annually for each renewal of this Permit.
5. Safety Requirements.
a. Permittee shall at all times employ ordinary care and shall install and maintain in
use commonly accepted methods and devices for preventing failures and accidents which are likely
to cause damage or injury to the public or to constitute a nuisance. Permittee shall install such
equipment and employ such personnel to maintain its facilities so as to assure efficient service, and
shall have the equipment and personnel necessary to make repairs promptly.
b. Permittee shall install and maintain its System in accordance with the
requirements of applicable building codes and regulations of Augusta and the statutes and
regulations of appropriate Federal and State agencies, including but not limited to the Federal
Communications Commission and the U.S. Army Corps of Engineers, which may now be in effect
or enacted, and in such a manner that will not interfere with any installations of Augusta or of any
public utility serving Augusta.
c. Permittee's System, wherever situated, or located, shall at all times be kept
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and maintained in a safe, operating condition and in good order and repair.
6. Liability and Indemnification.
a. By acceptance of this Permit, Permittee agrees that it shall indemnify, protect and
hold forever harmless Augusta, its elected officials, officers, agents, representatives and employees,
and their successors, legal representatives and assigns, from any and all claims of every kind and
nature whatsoever, and from liabilities, losses, costs, judgments, penalties, damages and expenses,
including reasonable attorney's fees and expenses of litigation incurred in the defense of any such
claim arising out of or relating to the installation, operation or maintenance by the Permittee of the
Permittee's System or the Permittee's failure to perform any of the obligations of this Permit,
including but not limited to claims for injury or death to any person or persons, or damages to any
property, as may be incurred by or asserted against Augusta, its elected officials, officers, agents,
representatives and/or employees, directly or indirectly, by reason of the installation, operation or
maintenance by the Permittee of the Permittee's System within Augusta. Permittee shall pay, and,
by acceptance of this Permit, the Permittee specifically agrees that it will pay all damages and
penalties which Augusta may legally be required to pay as a result of installation, operation or
maintenance by the Permittee ofthe Permittee's System or the Permittee's failure to perform any of
the obligations of this Permit. These damages or penalties shall include, all damages arising from
the installation, operation or maintenance of the System authorized herein, whether or not any act
or omission complained of is authorized, allowed or prohibited by this Permit, and Augusta shall not
be responsible in any manner for any damage to the System and which may be caused by Augusta's
employees or other persons regardless of the cause of damage.
b. Permittee shall pay, and by its acceptance of this Permit, specifically agrees
that it will pay, all expenses incurred by Augusta in defending itself with regard to all damages and
penalties mentioned in subsection (a) above. These expenses shall include all out-of-pocket
expenses, including reasonable attorneys fees and expenses of litigation.
c. Pennittee shall maintain, and by its acceptance of this Pennit, specifically
agrees that it will provide throughout the term of this Permit, workers compensation insurance in
such amounts of coverage as required by the State of Georgia and liability insurance coverage with
regard to all damages mentioned in subsections (a) and (b) above in the following minimum
amounts, whichever is greater:
1. General Liability Insurance - public liability including premises,
products and completed operations.
(a) Bodily injury liability $1,000,000 each person $2,000,000
each occurrence
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May 30. 200 I
(b) Property damage liability $1,000,000 each occurrence,
(c) Or, in lieu of (a) and (b) above, bodily injury and property
damage - $2,000,000 combined single limit.
2. Comprehensive - Automobile Liability Insurance including owned,
non-owned and hired vehicles.
(a) Bodily injury liability $1,000,000 each person $2,000,000
each occurrence,
(b) Property damage liability $1,000,000 each occurrence,
(c) Or, in lieu of (a) and (b) above, bodily injury and property
damage $2,000,000 combined single limit.
d. Permittee agrees that all insurance contracts providing any of the above
required coverage will be issued by one or more insurance carriers duly authorized to do business
in the State of Georgia and will contain the following required provisions:
1. Augusta, its elected officials, officers, agents, employees and
representatives shall be named as additional named insureds (as the interests of each may appear)
as to all applicable coverage;
2. All such contracts shall provide for thirty (30) days notice to Augusta
prior to cancellation, revocation, nonrenewable or any material change;
3. All "deductible amounts" contained in all such contracts providing
such insurance coverage shall not exceed $10,000 in the aggregate; and
4. The notice required by this Section shall be delivered to the person
specified in Section 10 herein by certified mail, return receipt requested.
The amount and conditions of said liability and comprehensive insurance
may be increased upon 60 days written notice by Augusta should the protection afforded by this
insurance be deemed by Augusta to be insufficient for the risk created by this Permit. At no time,
however, will any such increase in the amount of required liability and comprehensive insurance
exceed that which is customarily required of other franchises or contractors of services for similar
situations of risk.
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May 30. 200 I
e. Permittee shall furnish Augusta at least annually (and at such other times as
may be reasonably required by Augusta) a certificate from the insurance carrieres) providing such
insurance coverage certifying that such coverage is in full force and effect. Such certificates shall
be in such form as is approved by Augusta and shall contain a provision requiring not less than 30
days notice to Augusta prior to cancellation, non-renewal or any material change.
7. City rights in Permit.
a. Permittee shall construct, maintain and operate said System in such locations
as may be reasonably required by Augusta, and will at all times comply with all reasonable
requirements, regulations, laws and ordinances now in force, and which may hereafter be adopted
by Augusta and be applicable to the construction, repair or maintenance of said system or use of
Augusta-owned rights-of-way. Failure of the Permittee to comply with any of the terms of this
Permit or failure to pay the Permit fees prescribed by this Agreement shall be cause for Augusta to
revoke this Permit. Without limiting the generality of the foregoing, Augusta also reserves the right
to terminate and cancel this Permit and all rights and privileges of the Permittee hereunder in the
event that the Permittee: (1) violates any rule, order or determination of Augusta made pursuant to
this Permit, except where such violation is without fault or through excusable neglect; (2) becomes
insolvent, unable or unwilling to pay its legal debts, or is adjudged a bankrupt; (3) attempts to evade
any of the provisions of this Permit; (4) practices any fraud or deceit upon Augusta; or (5) fails to
begin construction of its System within one hundred eighty (180) days from the date this Permit is
granted and to continue such construction without unreasonable delay or interruption until
completed.
b. Augusta's right to revoke this Permit may be exercised only after written
notice of default and a 30 day period for Permittee to cure such default except for any act of default
involving the payment of money or failing to provide any insurance coverage required hereunder in
which event said 30 day period shall be reduced to three (3) business days. The right is hereby
reserved to Augusta to adopt, in addition to the provisions contained herein and in existing
applicable ordinances, such additional regulations of general application to all similarly situated
permittees as it shall find necessary in the exercise of its police power; provided, that such
regulations, by ordinance or otherwise, shall be reasonable and not in conflict with the rights herein
granted.
8. No right to transfer or lease. Permittee shall not transfer this Permit to another person
without prior written approval of Augusta. This provision shall not be construed as requiring
Augusta's approval of secured financing arrangements.
9. Notice. For the purpose of giving notice as provided for in this Permit, the following
addresses are provided:
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May 30, 200 I
Permittee:
Qwest Communications Corporation
13952 Denver West Parkway
Building # 53, Suite 200
Golden, CO 80401
Attention: A VP Right -of- W ay & Real Estate
Augusta:
Augusta-Richmond County Commission
Eighth Floor, Municipal Bldg (11)
530 Greene Street
Augusta, Georgia 30911
Attention: Charles R. Oliver
Unless Augusta is notified in writing to the contrary, the placing of notices in the United
States Mail addressed to the Permittee as set forth above by registered or certified mail, return receipt
requested, shall constitute compliance with the provisions of this Section.
10. Miscellaneous. If any section, subsection, sentence, clause, phrase or portion of this
Permit is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, independent, and severable provision and such holding
shall not affect the validity of the remaining portions hereof.
This Permit shall be interpreted and construed in accordance with the laws of the State of
Georgia. All claims, disputes and other matters in question between the Permittee and Augusta
arising out of or relating to this Permit, or the breach thereof, shall be decided in the Superior Court
of Richmond County, Georgia. The Permittee, by accepting this Permit, specifically consents to
venue in Richmond County and waives any right to contest the venue in the Superior Court of
Richmond County, Georgia.
Applicant:
Qwest Communications Corporation
;MSh~'~
TItle: A VP ROW & Real Estate
A / L.t.. v
~BY: BobYoun
If Title: Mayor
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