HomeMy WebLinkAboutQwest Communicatons Right of Way
Augusta Richmond GA
DOCUMENT NAME: &W5gr c..OMfl)UN \CA"TJONS R '. ~H-r (;rf' WRY
DOCUMENT TYPE:
YEAR: '1 q q ~~
BOX NUMBER: (p
FILE NUMBER: } Y OCl~ .
NUMBER OF PAGES:
l~
-
.; L ,'"
..
1,
7
November 30, 1998
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 of the 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
Permi t.
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 5,950 feet of fiber optic cable
contemplated herein (hereinafter "System"). Permittee is further required, before beginning any
excavation 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, regul:ations and/or ordinances. Permittee shall re-sod disturbed grassed areas and replace
all excavat~:d 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.
I
i"
November 30, 1998
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
annotatiom~ 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 (l0) 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 lC)ther 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 tt.le public or cause a delay in a public project, Augusta shall have the right to do such
work or callse it to be done and the full cost thereof shall be chargeable to the Permittee, or in the
altemative,:to consider such failure by the Permittee to remove its equipment or plant as
abandonment of all ownership rights in said property.
2
November 30, J 998
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
Perrnittee'~: 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 5,950 feet of Permittee's
System, to be installed in the rights-of-way of the following streets:
See attached drawings:
459 AK-4
460 AK-l
460 AK-2
460 AK-3
460 AK-4
190- 2
b. The granting of this permit is conditioned upon the payment by Permittee to
Augusta of the sum of $29,750.00, which represents the total number of linear feet of Permittee's
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.
3
November 30, 1998
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
regulatiom; 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
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 r,equired to pay as a result of 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.
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.
4
November 30, 1998
c. Permittee shall maintain, and by its acceptance of this Permit, 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
(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, nonrenewal or any material change;
5
; 'i
November 30, 1998
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.
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
constructioil without unreasonable delay or interruption until completed.
6
'-
. '
.
November 30, 1998
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 herej!n 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 Pennit, the
following addresses are provided:
Permittee:
Qwest Communications .Corporation
555 Seventeenth Street
Denver, CO 80202
Attention: Assistant Vice President of
Real Estate and Right of Way
With copy to: General Counsel
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.
7
.\.
,,' .'
i' t'
~. . f ;'.,
- ::..;
Oc1obcr 29. 1998
10. Miscellaneous. If any section, subsection, sentence, clause, phrase or portion of
this Permil: 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:
~J~
BY: ~L: 5f...u()a>
Title:4s>I;,.kA VI;~
I ~ ttk,vf
au>>
By:
~ Title:
()j!"
~i
~t)lmN
APPROVED AS TO LEGAL FORM
8
NOV 2 0 1998
~.
LA EP.
~
......................................
................. ......................
!:: At~t.I!I.~
.............................................................................................................................................................................. .;.;.:.:.:.:.:.:.:.:.:-:.:.:.:.:.;.:.;.:.;.:.;.:.;.:.:.;.:.
::I:"~I_I~'_'!!i'~il.~~:I1iJ._'_III:!!!!!!!!!!:!::::.::
.................... DATE (MM/DDIYY) ...
:::::::::::::::::::::::::::::)\.:.:...:.:.....:.:.:.:.:...:.:.:.:.:.:...:.::.::::,::::::::: 08/01/99
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
COMPANIES AFFORDING COVERAGE
PRODUCER
MARSH USA INC
1225 17TH STREET SUITE 2100
DENVER CO 80202
A TTN ELENA JONES
QWLCI-00124 QW ClWEST
COMPANY
A NATIONAL UNION FIRE INSURANCE CO OF PITTSBURGH PA
INSURED
QWEST COMMUNICATIONS CORPORATION
QWEST NETWORK COI\lSTRUCTION SERVICES
555 17TH STREET SUITE 1000
DENVER CO 80202
COMPANY
B INSURANCE COMPANY OF THE STATE OF PA (AIG)
COMPANY
C
THIS IS TO CERTIFY THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, N01WITHSTAI~DING 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.
.~~ ~'_lYP.E_9F_I~SURANCI: POLICY NUMBER . P~;~~~~~~~~~~ ~~~~Y(~~/;;~~ -:-=c---o-~ LIMITS
GENERAL LIABILITY
A COMMERCIAL GENERAL LIABILITY GL5441203
CLAIMS MADE ~] OCCUR
OWNER'S & CONTRACTCR'S PROT
08/01/99
08/01/00
GENERAL AGGREGATE $
PRODUCTS, COMP/OP AGG $
PERSONAL & ADV INJURY $
EACH OCCURRENCE $
FIRE DAMAGE (Anyone fire) $
MED EXP (Anyone person) $
2,000,000
2,000,000
1,000,000
1,000,000
50,000
5,000
1,000,000
AUTOMOBILE LIABILITY
A X ANY AUTO
ALL'OWNED AUTOS
SCHEDULED AUTOS,
. X HIRED AUTOS
X NON.OWNED AUTOS
CA7203009
CA7203010 (TX)
COMBINED SINGLE LIMIT
$
08/01/99
08/01/99
08/01/00
08/01/00
BODilY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE $
GARAGE LIABILITY
ANY AUTO
AUTO ONLY. EA ACCIDENT
OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN, UMBRELLA' FORM
EACH OCCURRENCE
AGGREGATE
$
WORKERS COMPENSATION AND
B EMPLOYERS' LIABILITY
A
B
Fx INCL
EXCL
WC7205812 (AOS)
WC7205813 (CA)
WC7205814 (OR, UT)
08/01/99
08/01/99
08/01/99
08/01/00
08/01/00
08/01/00
X STATUTORY LIMITS
EACH ACCIDENT $
DISEASE. POLICY LIMIT S
DISEASE. EACH EMPLOYEE $
THE PROPRIETOR!
PARTNERS/EXECUTIVE
OFFICERS ARE:
OTHER
2,000,000
2,000,000
2,000,000
DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLES/SPECIAL ITEMS (LIMITS MAY BE SUBJECT TO RETENTIONSl
CITY OF AUGUSTA, ]TS EL~CTED OFF]C]ALS, OFF]CERS,AGENTS, EMPLOYEES AND REPRESENTATIVES ARE NAMED AS ADD]TIONAL INSUREDS AS THEIR
]NTERESTS MAY APPEAR. .
RE: FIBER OPTIC CABLE Ii~STALLATION VIA TRENCHING AND DIRECT BORE.
... ..n.......................................
.:-:-:.:-:-:.:-:.:.:-:.:.:.:.:.:.:.:.:.:.:.:.:.:-:.:.:-:-:.:-:-:-:.:.:.:.;.:-:.:.:-:........
:-:.:-:-:-:.:.:-:-:.:.:.:.:-:-:.:.;.:.:.:-:.:-:.:.:.:.:.:.:.:.:.:.:.:..........
........................... .
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OR REPRESENTATIVES.
CITY OF ATLANTA
MUNICIPAL BUILDING 11
EIGHTH FLOOR
530 GREEN STf':EET
AUGUSTA GA :10911
:A~qRP:~~$.X~/~M
..........~::..:O~:
,...,.,..........:.:,:.:.:.:.:.:.;.:.:.:.:.:.;.;.;.:.:.:.;.:
:)W:A~qRQ@QRIMifM;t(?iNil~m
7....~~...I.I...........:(~.~tijiii.ltf.I:~:Xiiit:i:)ii;hf;:l.ini;:.:.ti1t:i.~tB((?:( . ...:'::":..': ,... .......:\.:::~ATE(~t,;/DD/YY)
:t:~~:~~. ...~.:,.:::~~n::I:.~:.'?iM.I::~:~~}.:I~~~~~~~Fi:(/: ....:.....,<.... ........<::....:.: 09/17/98 ..
PRODUCER THIS CERTIFICATE IS ISSUED AS A MAttER OF INFORMATION
J&HMARSH & McLENNAN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1225 17TH STREET SUITE 2100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
DENVER CO 80202 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW..
COMPANIES AFFORDING COVERAGE
A TTN HELEN HAGEN
02220-00124 QWNCS QWNCS
INSURED
QWEST COMMUNICATIONS CORPORATION
QWEST NETWORK CONSTRUCTION SERVICES
A TTN ROBERT STERNER
555 17TH STREET, SUITE 1000
DENVER CO 80202
COMPANY
A AIU INSURANCE COMPANY
COMPANY
B NATIONAL UNION FIRE INS CO OF PITTSBURGH PA
COMPANY
C INSURANCE CO OF THE STATE OF PA (AIG)
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOlWlTHSTANDING 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,
CO I TYPE OF INSURANCE: POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR I DATE (MM/DD/YY) DATE (MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE $
A X COMMERCIAL GENERAL IJABILlTY GL5440386 08/01/98 08/01/99 PRODUCTS. COMP/OP AGG $
CLAIMS MADE ~I OCCUR PERSONAL & ADV INJURY $
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $
FIRE DAMAGE (Anyone fire) $
MED EXP (Anyone person) S
~OMOBILE LIABILITY
COMBINED SINGLE LIMIT $
B ~ ANY AUTO CA7202211 08/01/98 08/01/99
i I ALL OWNED AUTOS CA7202212 (TX) 08/01/98 08/01/99 BODILY INJURY
M SCHEDULED AUTOS (Per person) $
~ HIRED AUTOS BODILY INJURY 1$
P NON.OWNED AUTOS (Per accident)
PROPERTY DAMAGE Is
, I
GARAGE LIABILITY AUTO ONLY, EA ACCIDENT S
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT S
AGGREGATE S
EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE S
OTHER THAN UMBRELLA FORM IS
B WORKERS COMPENSATION AIID WC5653932 (OR,UT) 10/13/97 10/13/98 X STATUTORY LIMITS
C EMPLOYERS' LIABILITY WC5653930 (CA) 10/13/97 10/13/98
EACH ACCIDENT $
C THE PROPRIETOR! X INCL WC5653931 (ADS) 10/13/97 10/13/98 DISEASE. POLICY LIMIT $
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL DISEASE. EACH EMPLOYEE S
OTHER
2,000,000
2,000,000
1,000,000
1,000,000
50,000
5,000
1,000,000
2,000,000
2,000,000
2,000,000
DESCRIPTION OF OPERATlONS/LOC:~T10NSNEHICLES/SPECIAL ITEMS (LIMITS MAY BE SUBJECT TO RETENTIONS)
CITY OF AUGUSTA ITS ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND REPRESENTATIVES SHALL BE NAMED AS ADDITIONAL INSURED ON
AS RESPECTS GENERAL LIAIIILITY AND AUTO LIABILITY AS THEIR INTERST MAY APPEAR.
RE: FIBER OPTIC CABLE IIISTALLATlON VIA TRENCHING AND DIRECT BORE.
CITY OF AUGUSTA
EIGHTH FLOOR, MUNICIPAL BLDG. (11)
530 GREEN STREET
AUGUSTA GA 30911
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF
AUTHO
OR REPRESENTATIVES.
:i(iQ.RQ:~$lMti}wm ..
.................
.. ..................
. . . . . . . . . . . . . . . . . . . . . . . .
........................
.. '.....................
........................
.....................
...................
:i,jpQRQ:qQHeOMnPr.t#mi
.:.:.:.:.;.;.:.;.;.;.::::::::;::::::::::.:.;.
::;:;::;::;::;:::;:;:::;:;:;=;:::;:;:;::;:;;:
~... ..
~
, <
Bond No. 19-57-94
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS that we Qwest Communications Corporation of
555 Seventeenth Street, Suite 1000, Denver, CO 80202 as principal, and National Union Fire Insurance
Company of Pittsburgh, PA of 175 Water Street, New York, New York 10038 as surety, are held and
firmly bound unto the County of Richmond, GA in the penal sum of One Thousand Five Hundred and
NollOO ($1,500.00), good and lawful money of the United States, for which payment well and truly to be
made, we bind ourselves, our agents, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
Sealed with our seal and dated this 2nd day of September, 1998.
WHEREAS, the above bounden principal has applied and will apply to the Richmond County
Public Works Department for permission to construct facilities on or across certain rights-of-way in the
County of Richmond, GA.
NOW, THEREFORE, the condition of this obligation is such that if the said principal, its
successors, assigns, executors, administrators, employees, agents, or contractors shall at all times as long
as any constlUction work is being performed within a Richmond County right-of-way duly observe and
perform all and singular of the agreements, covenants and conditions as above set out to' be observed and
performed by said principal, then this obligation shall be void, otherwise to remain in full force and
effect until ninety (90) days after written notice of termination or cancellation shall be given the
Richmond CauntyPublic Works Department by the surety, or one year from the date of execution,
whichever sooner.
PROVIDED, HOWEVER, If any work is done on the road right-of-way prior to approval and
issuance of a permit, this bond is hereby extended and may be used to cover any removal or corrective
action detemlined necessary by the Richmond County Public Works Department. If permit is never
issued and encroachment is made on Richmond County's right-of-way, this bond may be used to make
whatever corrections are deemed necessary by the Richmond County Public Works Department.
By
ATTEST:
(Corporate Seal)
~--~J( (.~
~ Corporate Secretary
1
Cou.ntersigned By
ctZt.J7l.u-/ t... .Iu..>/z.~
J&H Marsh & McLennan, Inc.
9000 Central Park West, #400
Atlanta. GA 30328
Agent or Broker
(Surety Seal)
National Union Fire Insurance Company of
Company of Pittsburgh. PA
, Surety
By ,
Signature of Attome "'tn-Fact
1998\152.SAM (09IOZ98l
~.~. . ...: )
Ame~ican Home Assurance Company
National'Union Fin~ Insurance Company of Pittsburgh, Pa.
Principal Bond Office: 175 Water Street, New York, N.Y. 10038
,-~3~
~
..
POWER OF ATTORNEY
"
No. 23-B-13820
Ki'lOW ALL MEN BY THESE PRESENTS:
That American Home A:,surance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh. Pa.. a
Pennsylvania corporation. does each hereby appoint
--- Vivienne Douglas, Raymond A. Leonard, J. M. O'Connell, Theresa J. Finn: of Denver, Colorado---
its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of
indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby,
IN WITNESS WHEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each
executed these presents
this 13th day of~, 1998.
~ 11(/!z-:/~
Lawr~ W. Carlstrom, Senior Vice President
- 'NatiollalOnion 'Fire Insu'rance 'Company of Pittsburgh, PA.
Vice President, American Home Assurance Company
STATE OF NEW YORK }
COUNTY OF NEW YORK }ss.
On this J 3th day of~. 1998 before me came the above
named officer of American Home Assurance Company and National
Union Fire Insurance Company of Pittsburgh. Pa,. to me personally
known to be the individual and ofticer described herein. and
acknowledged that he executed the foregoing instrument and affixed
the seals of said corporations thereto by authority of his office.
('kct V4r,~
~ A. HA'tW-N '
NtUy P\dc., St5t8 of New 'illll
No. OlHA&E~ .
~ ~ &lfi:ft Ccm1b1 (' CJ Q
~~..ilril:ol3C..LI.L1
CERTIFICATE
Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of
Pittsburgh. Pa, on May 18. 1976:
"nESOL \'ED. that the Chairman of the Board. the President. or any Vice President be. and hereby is. authorized to appoint Attorneys-in.rict to represenc and
act for and on behalf of the Company to execute bonds. undertakings. recognizances and other contracts of indemnity and writing's obligatory in the nature
thereof. and to attach thereto the corporate seal of the Company. in the transaction of its surety business;
"RESOL VED. that the signaturcs and attestations of such officers and the. sea~ of the Company.may be affixed to any such Power of Auomey or to any
certilicate relating thercto by, facsimile. and any such Power of Attorney or certificate bearing such facsimile signaturcs or facsimile 'se~l shall be valid and
binding upon the Company when so affixed with respect to any bond. undertaking. recognizance or other contract of indemnity or \\Titing obligatory in the
nature thereof: '
"RESOLVED. that any such Attorney-in-Fact delivering a secretarial certitication that the foregoing resolutions still be 111 effect'may insert in such
certilication the date thereof. said date to be not later than the date of delivery thereof by such Attorney-in-Fact."
I. Elizabeth M. Tuck. Secretary of American Home Assurance Company and of National Union Fire Insuranc~ Company of Pittsburgh. Pa, do hereby certifY
that the foregoing cxcerptsof Resolutions adopted by the Boards of Directors of these corporations. and the Powers of Attorney issued pursuant thereto. arc
true and correcL and that bolli the Resolutions and the Powers of Attorney arc in full force and effect.
1.'\ WIT:\'ESS WHEREOF. I havc hereunto set my hand and affixed.the facsimile seal of each corporation
this d~aYOf ~7~..,19ZF
Ik ./f~
65166 (-1/96)
'" . ........... .;'1..1.,:..'...