Fiber One Interlocal Agreement Addendum 15 for Existing Fiber Optic Cable Strands and InstallationProject Services Addendum #15 to Fiber One Agreement
Regarding
Existing Fiber Optic Cable Strands
(Cable HL) and
Installation of Fiber Optic Cable Strands for King County and the City of Shoreline
(Cables HL-1, HL-2, HL-3, HM, 11M-1A, HM-111, HM-2A, HM-211, HM-3A,
HM-311, HM-4A, HM-4B)
This Project Services Addendum to the Fiber One Agreement is made by and among the following
parties: the City of Seattle ("Seattle"), a Washington municipal corporation, acting by and through its
Department of Information Technology ("DOIT"); King County (King "County"); the City of Shoreline
("Shoreline"), the University of Washington ("UW"); the City of Edmonds ("Edmonds"); and Snohomish
County ("Snohomish").
In this Addendum, the above named parties may be collectively referred to as "Project Participating
Agencies".
WHEREAS, Seattle, King County, Shoreline, and UW are Participating Agencies in the Fiber One
Agreement; and
WHEREAS, Edmonds and Shoreline will become Participating Agencies in the Fiber One Agreement by
a separate Addendum; and
WHEREAS, the Fiber One Agreement anticipates that some, but not all, Participating Agencies may
choose to share in projects for the installation of fiber; and
WHEREAS, acting as Lead Agency, Seattle installed fiber optic cable (Cables HL, described below) on
behalf of UW, Snohomish, and Edmonds, and now King County and Shoreline would like to participate
in the sharing of fiber in Cables HL; and
WHEREAS, Seattle, acting as Lead Agency, is installing fiber optic cable (Cables HL-1, HL-2, HL-3,
HM, HM-IA&B, HM-2A&B, HM-3A&B, HM-4A&B) on behalf of King County and Shoreline; and
WHEREAS, the Project Participating Agencies desire to memorialize the scope of the fiber installation,
the arrangements for sharing the cost of the fiber installation, and the use of the fiber within the cables;
NOW, THEREFORE, the parties hereby agree as follows:
1. Overview of Project Scope
This project has two major elements. First, is to allocate the cost and use of 48 strands of fiber in
a presently existing cable running from N 145th St and Aurora Ave N in Seattle through Shoreline
down the center lane of Highway 99 to the last manhole at Highway 99 and 238th St in Edmonds.
The second element is the installation of twelve cables to connect Shoreline's traffic cabinets to
the Seattle fiber network and Washington State Department of Transportation's fiber network.
is -ofo i- -�- 0?D 3a
Fiber One Agreement
Addendum 15 Page 1 of 5
�-057 Sa
2. Project Contact Information:
The traffic control cabinets are owned and maintained by Shoreline. The primary contact for
access is Rich Meredith, Shoreline Traffic Engineer (206) 546-2408, or designee because
Shoreline contracts with King County by and through its Roads Division for traffic operations
services. Shoreline will notify Seattle if this contract arrangement changes.
Although not a party to this Addendum, the contact for Washington State Department of
Transportation ("WSDOT") is Mike Forbis at (206) 440-4463, forbi.smOmsdot.wa.gov.
The Project Manager for Shoreline is John Vicente at (206) 546-8903,
ivincente: ci,ci. shorel ine.wa.us.
For Seattle, contact Kris Henry -Simmons, Fiber Manager, at (206) 684-0265, cell
(206) 255-6258, kristine.hen. ry-simmons,a seattl.e..[�ov.
The contact for Edmonds is Carl Nelson, CIO — Edmonds, -at 425-771-0219 (Office),
(425) 754-7967 (BB), carin!wci.edmonds.wa.us. The Help Desk number is (425) 275-4500,
contact is Mike Waters.
For King County, contact Ellen Bevington, Supervisor of Transit Planning at
(206) 684-1953, ellen.bevington@kingcounty.gov
3. Project Description:
As detailed in Exhibit A (route diagram), Exhibit B (cost estimate), Exhibit C (splice diagram),
and Exhibit D (General Terms and Conditions), each of which exhibits is incorporated as a part of
this addendum, the following cables are to be included:
Element 1- Existing Cable (Cable HL)
Cable HL is an existing 144 strand single mode (SM) fiber cable in Aurora Avenue N
(SR 99) from N 145`h Street (Seattle) to 238`h Street SW (Edmonds). The UW (24
strands), Snohomish (6 strands), and Edmonds (6 strands), paid for the installation of the
fiber and own the number of strands indicated. There are 108 strands of fiber that have
not yet been allocated to a Project Participating Agency for use. The Project
Participating Agencies agree that Shoreline will now own and use 36 strands, and King
County will own and use 12 strands. Shoreline and King County will each pay a
proportional share of the cost of Cable HL, and the UW, Snohomish, and Edmonds will
each receive a credit, all as shown on Exhibit B. This leaves 60 spare fibers for future
Participating Agencies.
Element 2 - Installation of Connecting Cables (Cables HL-1, HL-2, HL-3)
1. Cable HL-1 is a 96 strand SM fiber spur from the Seattle manhole in center of SR 99
and north of N 160'' Street to the Shoreline manhole at the southwest corner of SR 99
and N 160t` Street with 12 strands designated for Shoreline, 12 strands designated for
King County and 72 strands as spare.
2. Cable HL-2 is a 48 strand SM fiber cable that will connect from HL-1 in Shoreline's
manhole to WSDOT's fiber cable at SR 99 and N 160t' Street.
Fiber One Agreement +
Addendum 15 Page 2 of 5
3. Cable HL-3 is a 12 strand SM fiber spur to the Seattle Department of Transportation
(SDOT) Traffic Control Cabinet at SR 99 and N 145'h Street.
Element 3 - Installation of Backbone Cable and Spurs to Cabinets (Cables HM, HM-lA, HM-113,
HM-2A, HM-213, HM-3A, HM-313, HM-4A, HM-413)
1. Cable HM is a 48 strand SM fiber from the Intelligent Transportation System (ITS)
manhole at SR 99 and 152nd Street to the ITS manhole at SR 99 and 165'h Street with
36 strands designated for Shoreline and 12 strands designated for King County Metro
Transit Division.
Spurs to Traffic Control Cabinets:
2. Cable HM -IA is a 12 strand SM fiber spur to the SR 99 and 152nd Street Traffic
Control Cabinet for Shoreline.
3. Cable HM -113 is a 12 strand SM fiber spur to the SR 99 and 152nd Street Traffic
Control Cabinet for King County, Metro Transit Division.
4. Cable HM -2A is a 12 strand SM fiber spur to the SR 99 and 155 h Street Traffic
Control Cabinet for Shoreline.
5. Cable HM -213 is a 12 strand SM fiber spur to the SR 99 and 1551` Street Traffic
Control Cabinet for King County Metro Transit Division.
6. Cable HM -3A is a 24 strand SM fiber spur to the SR 99 and 160'h Street Traffic
Control Cabinet for Shoreline.
7. Cable HM -313 is a 12 strand SM fiber spur to the SR 99 and 1601h Street Traffic
Control Cabinet for King County Metro Transit Division.
8. Cable HM 4A is a 12 strand SM fiber spur to the SR 99 and 165h Street Traffic
Control Cabinet for Shoreline.
9. Cable HM -413 is a 12 strand SM fiber spur to the SR 99 and 165`h Street Traffic
Control Cabinet for King County Metro Transit Division.
4. Project Participating Agencies:
City of Seattle
City of Shoreline
City of Edmonds
King County
University of Washington
Snohomish County
5. Lead Agency:
City of Seattle, Department of Information Technology
6. Project Manager:
Kris Henry -Simmons, City of Seattle, Department of Information Technology
Fiber One Agreement
Addendum 15 Page 3 of 5
7. Facility Owners:
The conduit and manholes running down the center of Aurora through Shoreline are shared by
Seattle and Shoreline.
The conduit and manholes running through the sidewalk are owned by Shoreline.
The manhole at SR 99 and 238`h Street SW is owned by Edmonds.
8. Project Budget and Contingency and Cost Sharing Method:
An estimated project budget is attached (Exhibit B).
The project engineering and project management costs, the cost of the fiber, both material and
installation, are shared proportionally among all Project Participating Agencies.
The cost of the fiber terminations, both materials and labor, are distributed based on the
terminations requested by each Project Participating Agency.
9. Contractual Framework and General Terms and Conditions:
The Project Participating Agencies on this project adopt the Fiber One Agreement General Terms
and Conditions for fiber sharing projects as part of this Addendum. The allocation of the existing
fiber in Cable HL is subject to the same terms and conditions as if the fiber were installed as a
shared project and the Participating Agencies accept the applicable Fiber One duties, limitations,
and obligations.
10. Special Terms and Conditions:
The fiber cable in Aurora Ave N (Highway 99) from approximately N 145th Street in Seattle to N
205`h Street in Shoreline and the spur at 160`h Street spliced to WSDOT and Shoreline fiber at the
SW corner of 160`h St and Aurora that Seattle Department of Information Technology installed as
the lead agency, and maintains management and maintenance responsibility. All connections or
maintenance shall be completed by City of Seattle, Department of Information Technology or its
contractors on a cost -reimbursement basis, plus agreed upon overhead, consistent with the
General Terms and Conditions.
The fiber cables in the sidewalk connecting the Traffic Control Cabinets maintained by King
County at 152' , 155t , 160'', and 165`h are owned by Shoreline. Shoreline has the option of
performing maintenance on that fiber themselves or asking Seattle to complete the work on its
behalf.
Fiber One Agreement
Addendum 15 Page 4 of 5
11. Schedule:
It is estimated the project will be completed within two months of Addendum execution.
IN WITNESS WHEREOF, THE PARTIES HERETO EXECUTE THIS AMENDMENT
CITY OF SEATTLE
CITY OF SHORELINE.
By:
r-r(S flCrj ..y-S'1r1 � S L. SLANDER.
er
Date: — 0
KING COUNTY
Boy:
David Martinez
Chief Information Officer
�
Date: s :% � G
App�ved As To Form Only
M.
Name:fG
Senior Deputy Prosecuting Attorney
Date: 1
UNIVERSITY OF WASMGTON
' /��Iiil/ ! 1 • t� �
Date:
CITY OF EDMONDS
By:
Name:
t7o
Title: VVW 0-t
c 1C
Date: f - I LI a -
SNOHOMISH COUNTY
By:
Name: d
Title: Cl
Date:
Fiber One Agreement
Addendum 15 Page 5 of 5
Exhibit A�
Fiber Installation in City of Shoreline �
�� I Sosos Fbht la Cie• d! FAngltde f�
r I�,
11
r
"..y rr1fN Fiber spun at .. .
4 KCM*o ! Shoreline Cabinets:
Cable Fa*1 a NW C of N 1521d 316 FMy 99
Cable HtF2 at NW C of N 1 S WW St A Hwy 99
Cable HW3 at NW C of N 152nd St h Hwy 99
Cable HW4 at NW C of N 152nd St 6 Hwy 99
I
4
r+ I }
- •I- m 2C4311- -
N 200TH ST
192NO ST
N 185TH s'
r
ff . — — -
Install 2 Fiber Spurs at N 16ft St Cabbrsi:
HL 1, To l3ofT MH N of 15Wh St le Cetrfs H�16W
Ht.2. To W SOOT G ale Cable al SW C N 135TH
WSDOTs ❑ Faal' �
IlrAt
Spur r1 SDOT C of N 145fh & Autos • Codia HL-3
� l+
surf 160owni
F
4
€
G
N 176TH ST
Install48 SM Fiber In Sidewalk Condult System J,
On West SMe of Hwy 99
From N 152nd to N 185th St
�-
�t44I►16r
- -
sflbce to WSOOT Frocr c Da on FeciGt
N 155TH ST
N 152ND ST C�
Buy 43 strands In levy 99 Cable FL
. ap From N 1451h St Manhole (Seattle)
l To 238th St Manhole Or,! ) �a .._...�.................
. W
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NE 1
ryf
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=
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The City of Seattle
Februrary 29, 2008
Legend
This record is exempthomdisclosure under RCW
iRZo>x073LA suss Alvh0a d
section 42.17.310(l)(ww) of 9s Public Dlaclowre
Acl, RON 42.17. 250 at seq. This record has
r. po..e..r.s »n tiara ea.bs.�r..s.
� •� Be- r....
■
Shoreline / KCMetro Traffic Cabinets
Wan preoand- staarnnlsd & is marnldned Iq
y
Traffic signals
prevent• m'i @ or iaepend to cAT%tW lw(Mltl
Fiber Termination Sites
�Jneral ty a�e�d� pr re"Mbe or a
X
Splice Points
daploymant p.- er is 00MO44 undenying (lass
Fibef_sladc_IoCailons.sh P
Fiber Routes
caiadee ;n prvparandn of. or Whe emanral to.
such sn a6sas7ment o ysen Public o-Wowro of
Wa stand iwurd nsve s wds4irnlal liwrwad of
Produced by the City of Seattle,
am o
eoo r..r
tlseaWtln9 public safsty.
Dorf
Cost Estimate fc
Project Description : SPCD - Shoreline (D311 FR(
SPCD Project and Partners
City of Shoreline
Richard Meredith
Cable
Size of
Estimated
Total
Purchased
ID
Fiber cable segments
fiber
cost
Assigned
Fiber
Approved Budge!
Aurora & 145th
Hwy 99 & 238th St
1
HL
Street Seattle
to
Edmonds
144
$ 85,000.00
84
36
$ 36,428.57
HH@NWCof
152nd & Hwy 99
HH @ SW C of N 165th St &
2
HM
Sidewalk
to
Hwy 99 Sidewalk
48
$ 27.100.00
48
36
$ 20,325.00
Spur to King Cty
/ Metro Traffic
NW C of Hwy 99 & N 152nd
3
HM-1
Cabinet
at
St
2 12
$ 5.500.00
24
12
$ 2,7%00
Spur to King Cty
/ Metro Traffic
SW C of Hwy 99 & N 155th
4
HM-2
Cabinet
at
St
2 12
$ 6,600.00
24
12
$ 2,750.00
Spur to King Cty
/ Metro Traffic
SW C of Hwy 99 & N 160th
(1) 12
5
HM-3
Cabinet
at
St
(1)24
$ 6.000.00
36
24
$ 4,00O.00
Spur to King Cty
/ Metro Traffic
NW C of Hwy 99 & N 165th
6
HM-4
Cabinet
at
St
2 12
$ 5,500.00
24
12
$ 2,750.00
UoIT PAH in left,
north -bound
lane of Hwy 99,
north of N 160th
HH @ SW C of Hwy 99 & N
7
HL-1
St
to
160th St
96
$ 7,500.00
12
10
$ 6,250.QC
WSDOT HH @
SW C of Hwy 99
Shoreline HH @ SW C of
8
HL-2
& N 160th St
to
Hwy 99 & N 160th St
48
$ 6,500.00
12
10
$ 5,416.67
DoIT MH in
center lane of
Hwy 99, south of
SDOT Cabinet @ SW C of
9
HL-3
N 145th St
to
Aurora Av N & N 145th St
12
$ 5,500.00
12
6
$ 2,750.00
Install, Test,
Between Cabinet @ N
Document
160th & Hwy 99 to WSDOT
10
Circuits
Dayton Facility.
$ 3,500.00
12
10
$ 2,916.67
Install, Test,
Between Cabinet @ N
Document
160th & Hwy 99 to SDOT
11
Circuits
I
Cabinet @ 145th & Aurora
$ 3,500.00
12
6
$ 1,750.00
SDOT will need to purchase a switch ($2,500), a
Digi Port Server ($600), and Labor to Install and
12
Test $1,000 at N 145th St & Aurora Av N
$ 4,100.00
1
1
$ 4.100.00
Total approved budget
$ 165,2OO.00
$ 92,186.90
Partner approval given ==6
Total Cost for Shoreline and I
Item #1 is the actual cost, it has been completed. UW, Snohomish County, and City of Edmonds have paid their share.
P:\TEMP\Shoreline agreement docs\Exhibit B._.Shoreline_.Costs D311 FR023__2008_0806___.xls
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Exhibit D
GENERAL TERMS and CONDITIONS
For Sharing of Fiber Optic Installation Projects
J
I. DEFINITIONS I
H. RELATIONSHIPS AMONG PARTICIPATING AGENCIES
A.
FIBER OPTIC PROJECT AGREEMENTS
B.
PRINCIPLES
C.
GENERAL PLANNING, ENGINEERING AND DESIGN
CONSIDERATIONS
D.
CHANGE ORDERS
E.
OWNERSHIP OF FIBER OPTIC CABLE
F.
USE OF FIBERS
G.
SALE OF FIBERS
H.
FUTURE USE OF FIBER OPTIC CABLE ALREADY OWNED BY
INDIVIDUAL PUBLIC AGENCIES
I.
TAXES
J.
PAYMENTS
III. RELATIONSHIP AMONG PARTICIPATING AGENCIES AND THE
LEAD AGENCY
A. GENERAL RESPONSIBILITY OF LEAD AGENCY
B. INSTALLATION
C. MAINTENANCE AND REPAIR RESPONSIBILITIES
D. FINANCIAL REIMBURSEMENTS AND OTHER PAYMENTS TO
BE PROVIDED TO THE LEAD AGENCY
E. LEAD AGENCY'S NONCOMPLIANCE
F. AUDIT
G. LIMITATION OF LIABILITY
H. INDEMNIFICATION
IV. RELATIONSHIP WITH FACILITY OWNERS
A.
PRINCIPLES FOR USE OF CITY OF SEATTLE FACILITIES
B.
APPROVALS
C.
ACKNOWLEDGMENT AND ACCEPTANCE OF RISKS
D.
ACCESS TO AND USE OF FACILITIES
E.
BUILDING ENTRANCES
F.
MODIFICATIONS TO FACILITIES
G.
RELOCATION OF FIBER OPTIC CABLE
H.
PAYMENT TO FACILITY OWNERS
I.
LIMITATION OF LIABILITY
J.
RIGHTS OF PROPERTY
K. INDEMNIFICATION
L. DEFAULT
V. RELATIONSHIP BETWEEN LEAD AGENCY AND CONTRACTORS
A. RESPONSIBILITY
B. APPROVALS
C. INSURANCE
D. BOND
E. NONDISCRIMINATION AND AFFIRMATIVE ACTION
F. WOMEN'S AND MINORITY BUSINESS UTILIZATION
VI. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO ALL
FIBER OPTIC PROJECT AGREEMENTS
A. LAWS, LICENSES, AND PERMITS
B. PERFORMANCE STANDARDS
C. SUBJECT TO LAWS
D. TERM
E. TERMINATION
F. FORCE MAJEURE
G. NO WAIVER
H. SEVERABILITY
I. RIGHTS CUMULATIVE
J. CONTRACTUAL RELATIONSHIP
K. HEADINGS
L. APPLICABLE LAW AND VENUE
M. BINDING EFFECTS
N. ASSIGNMENT
0. NOTICES
P. NON -EXCLUSIVITY
Q. MODIFICATION OR AMENDMENT
R. ATTORNEY FEES AND COSTS
S. ARBITRATION/MEDIATION
EXHIBIT A - CITY OF SEATTLE FACILITIES ............................... Al-A3
EXHIBIT B - SEATTLE CITY LIGHT FACILITIES 131 - B6
ADDENDUM 1: AUTHORIZING USE OF CITY OF SEATTLE
UNDERGROUND OR TRANSMISSION FACILITIES Addendum 1-1 - 1-3
ADDENDUM 2: SPECIAL TERMS AND CONDITIONS FOR
AGREEMENTS WITH THE UNITED STATES GOVERNMENT Addendum 2-1 - 2-4
B4-B7
I. DEFINITIONS
Whenever used in this Agreement with initial letters capitalized, the following terms shall have
the following specified meanings, unless the context clearly requires a different meaning:
A. Building Entrance
Conduit or Conduits usually connecting a Vault, Handhole, or
Maintenance Hole in the public right-of-way to a building.
B. Building or Location Served By Fiber Optic System
Any Facility, location, building, or structure where the Participating
Agencies terminate any Fiber Optic Cable for use by the Participating
Agencies.
C. Building Vault
A vault located substantially within a building and subject to uniform
building and fire codes.
D. City Buildings
Structures owned, leased, and/or occupied or partially occupied by City
employees, and/or equipment.
E. City Light Department Conduit
Conduit designed to house conductors or cables owned by the City Light
Department and for which City Light has authority to control access and
use.
F. Common Fiber Spares
Fiber strands installed as part of a Fiber Optic Project held in reserve
solely for replacement of disabled fibers.
G. Conduit
Enclosed runway or tube designed to house cables for their protection
(same as Duct).
H. Dark Fiber
An optical fiber strand not coupled to an optical light source.
I. Dead-end Tower
A structure designed and constructed to terminate electrical transmission
or distribution circuits. ,
J. DieIectric Cable
Fiber Optic Cable which is entirely composed of non -electrical current
conducting elements (i.e., non-metallic).
K. Duct
Enclosed runway or tube designed to house cables for their protection
(same as Conduit).
L. Duct Bank
Two or more parallel Ducts usually enclosed in a concrete envelope.
M. Facility or Facilities
A structure including but not limited to: Buildings, Vaults, Maintenance
Holes, Handholes, Conduit, Building Entrances, Substations,
transmission towers, and distribution poles.
N. Facility Manager
The person designated by the Facility Owner to manage the Facility,
including granting access, determining and approving its use and terms
and conditions for such use.
O. Facility Owner
The entity that is the legal owner of a Facility or Facilities or the entity
holding the legal right to grant permission to occupy, use or modify
Facilities.
P. Fiber Optic Cable .
A cable installed by the Participating Agencies pursuant to this
Agreement that is composed of strands of glass fiber, each strand which
is designed to conduct signals of modulated light (optical signals) from
one end to the other.
Q:- Fiber Optic Project
The activities associated with the installation of fiber optic transmission
materials, including cable, splices, inner duct, sleeves, etc.
R. Fiber Optic Project Agreement
An agreement for a specific Fiber Optic Project with Participating
Agencies that specifies the contractual relationships between and among
the participants.
S. Fiber Strand or Strand of Fiber
A thin transparent fiber of glass enclosed by a material of a lower index
of refraction that reflects light throughout its length by internal
reflections.
T. Handhole
An underground structure (usually concrete) providing an opening in a
Conduit in which workers may reach into but usually do not enter for
the purposes of installation and maintenance of cable.
U. Indirect Costs
Indirect costs are costs determined in accordance with a Participating
Agency's standard methodology for computing indirect costs. Indirect
costs shall include costs of labor, benefits, equipment usage,
miscellaneous materials, material handling, and administrative and
general charges. This definition also applies to Facility Owner indirect
costs.
V. Lead Agency
The designee of the Participating Agencies by their mutual consent in a
Fiber Optic Project Agreement responsible for managing fiber
installation projects, including entering into construction contracts and
overseeing the construction work for the Participating Agencies and
ongoing maintenance of the project(s).
W. Make -Ready Work
Any and all planning, analysis, design, review, adjustment to equipment,
construction, and/or other activities (such as tree trimming) necessary to
prepare existing Facilities for use by the Lead Agency as determined by
the Facility Owner.
X. Maintenance Hole
An underground structure (usually concrete) which workers may enter
for the purposes of installation and maintenance of cable.
Y. Optical Ground Wire
A composite electrical conductor expressly designed and manufactured
to enclose optical fibers for telecommunications and for installation as a
shield wire on transmission towers to provide light((ning protection.
Z. Overhead Distribution Facilities
Electrical conductors, structures and related equipment designed and
utilized to transport electricity to City Light Department customers.
Primary distribution voltage levels are usually in the range of 4KV to
34.5KV.
AA. Overhead Transmission Facilities
Electrical conductors, structures and related equipment designed or
utilized for bulk transportation of electricity between two end points,
usually Substations. Structures may be of wood or steel. Transmission
voltage levels on the City Light Department system are primarily 115KV
or 230KV.
BB. Participating Agency
A public agency that has signed an agreement to engage in a shared
Fiber Optic Project.
CC. Safety Observer
A person or persons assigned to watch over Work activities in, on, or
around electrical Facilities for the purposes of protecting workers from
electrical hazards and ensuring electrical Facility integrity.
DD. Seattle Facilities
Those Facilities owned, managed, occupied by a City of Seattle
Department or Division, including but not limited to Seattle City Light,
Seattle City Water, Seattle Department bf Administrative Services.
EE. Splice
The point where two separate optical fiber strands are joined together
either mechanically or by fusion to make one continuous optical fiber
strand.
FF. Substation
An electrical power facility where electrical voltage is transformed,
controlled, monitored and routed.
GG. Telecommunications Cable
A fiber optic, coaxial, multi -pair, copper, low -voltage cable or any other
cable utilized for telecommunications of information from one place to
another.
HH. Telecommunications Service(s)
Telecommunications service(s) is the transmission of information over
Fiber Strands from one location to another (not including services
provided between two areas within the same building) meeting industry
accepted transmission standards, their equivalent or replacement service.
Such information includes but is not limited to voice, data, pictures, and
facsimile. Telecommunication service(s) does not include Dark Fiber or
services other than transmission services.
II. Termination Panel
Non -electronic equipment which is used to attach the ends of each of the
individual fibers from a fiber optic cable. This panel serves as a
junction between the fibers of a Fiber Optic Cable and electronic
equipment that is to be connected to the fibers.
JJ. Underground Facilities
Facilities situated beneath the surface of the ground, a roadway, or the
water including, but not limited to, Building Entrances, Conduits, Ducts,
Duct Banks, Handholes, Maintenance Holes, Vaults, and electrical
conductors, but not including Facilities located inside buildings or
facilities treated as Overhead Transmission Facilities or as Overhead
Distribution Facilities in agreements between the City of Seattle and
other entities.
KK. Utilidors
Utility tunnels maintained by the City of Seattle.
LL. Vault
An underground or in -building structure (usually concrete) used to house
transformers, its appendages and electrical cables.
MM. Work
All activities related to the planning, right-of-way acquisition,
scheduling, analysis, design, engineering, preparation, installation,
evaluation, maintenance, repair and operation of a Fiber Optic Project in
or on Facilities as it relates to this Agreement including Make -Ready
Work but not including work done prior to the execution of a Fiber
Optic Project Agreement.
II. RELATIONSHIPS AMONG PARTICIPATING AGENCIES
A. FIBER OPTIC PROJECT AGREEMENTS
All fiber optic installation projects among Participating Agencies shall
have a Fiber Optic Project Agreement specifying the following;
including contact names and addresses where appropriate.
Participating Agencies
- Lead Agency and Project Manager
- Route
Facilities to be Used; Facility Owners; and the Facility
Manager(s)
Project Budget, including Contingency and Terms of Cost
Sharing
- Apportionment of Liability
- Project Schedule
Changes or Addenda to General Terms and Conditions
- Bond and Insurance Requirements for Contracting and
Participating Agencies
The General Terms and Conditions for Sharing Fiber Optic Installation
Projects shall be an attachment to each Fiber Optic Project Agreement.
B. PRINCIPLES
Agreements among the Participating Agencies for sharing of Fiber Optic
Projects shall conform to the following principles:
1. Participation in Fiber Optic Projects is voluntary and can depend
on specific cable routes.
2. Arrangements for cooperation should be fair and equitable among
Participating Agencies. As a general principle, agreements
among Participating Agencies, where each have a share of
project control, should share costs proportionately based on each
share of the fiber .strands deployed. Any special configuration,
such as a routing change to accommodate a particular entity,
should be paid for in whole by such entity. If a Facility Owner
requires a route change due to Facility access, the costs of such a
change shall be considered general project costs and not the, sole
responsibility of the Facility Owner as a Participating Agency.
In projects where a Participating Agency desires fiber for future
use and does not participate in the route design, engineering, or
terminations, such Participating Agency may be considered
secondary. Costs may be allocated to a secondary Participating
Agency on an incremental basis.
C. GENERAL PLANNING, ENGINEERING AND DESIGN
CONSIDERATIONS
Upon execution of a Fiber Optic Project Agreement, the Participating
Agencies shall develop, review and/or revise planning, engineering,
design, installation, and maintenance procedures for the Fiber Optic
Project. The procedures will be subject to the approval of the
Participating Agencies and of the Facility Owners as specified in Section
IV and in related Exhibits and Addenda. The procedures will be
substantially similar to the following:
Perform Feasibility Review
An agency with an interest in a shared fiber optic project will
undertake a feasibility review to determine which of the
Participating Agencies has an interest in the Fiber Optic Project,
the possible routes, the availability of Facilities, the approximate
cost and the time frame required for installation. Prospective
Facility Owners shall be included in the feasibility review
process.
2. Execute Fiber Optic Project Agreement
The Agreement must ensure that approval by the appropriate
authority is granted for Facilities to be used and shall specify the
information listed in Section II.A.
3. Perform Detailed Engineering Design
The Lead Agency shall work with Facility Owners to complete
routing, obtain permission for use of Facilities, etc. Any
changes exceeding the approved Project Budget shall require
approval by the Participating. Agencies; such approval shall not
be unreasonably withheld.
4. Install Project
The Lead Agency shall be responsible to ensure compliance with
all requirements of the Facility Owner.
Complete Acceptance of Fiber Optic Project
The Lead Agency shall formally accept installation of the Fiber
Optic project by issuing a formal letter to -the contractor(s) and
the Participating Agencies stating that the Work has been
completed in accordance with contract specifications and that all
punch -list items have been resolved to the satisfaction of the Lead
Agency and Facility Owner. Such acceptance shall authorize
final payment(s) to contractor(s). The Lead Agency shall also
identify ownership of Fiber Strands.
6. Establish Maintenance Plan
The Lead Agency shall develop a maintenance plan for the Fiber
Optic Project, and the Participating Agencies will appoint a
maintenance manager.
7. Keep Records
The Lead Agency shall provide Facility Owners with whatever
documents are specified by the Facility Manager(s) so Facility
Owner(s) can maintain accurate records of where and how the
Participating Agencies installed equipment within or on
Facilities, and where and how the Participating Agencies
modified any Facility. Among the materials that must be
provided to Facility Owner are computerized records and
archival quality drawings that document installation or
modification Work performed by the Lead Agency or its
contractors. The Lead Agency shall not charge the Facility
Owner for providing any necessary documentation requested by
the Facility Manager. Such costs, however, shall be included as
part of the Project Budget, Section II.A.
8. Provide Access to Records
The Lead Agency shall provide access to any and all of the
Participating Agencies' records with respect to design,
installation and maintenance of components of the Fiber Optic
System located within or on Facilities to Facility Owner(s) when
requested by the Facility Manager(s). The Lead Agency shall
not charge the Facility Owner for either access to such
information or for obtaining copies of any portion of the
information. Such costs, however, shall be included as part of
the Project Budget, Section II.A. The records to which the Lead
Agency shall provide the Facility Owner access include, but are
not limited to computerized records and design drawings,
equipment and fiber specifications, route maps, manufacturer's
test reports on fibers and on other equipment, documentation of
the installation of Fiber Optic Cable and other equipment, and
documentation of maintenance done on fibers and other
equipment.
D. CHANGE ORDERS
Participating Agencies shall have the right to propose changes to the
Fiber Optic Project Agreement which shall be approved by all
Participating Agencies., including replacing the Lead Agency and
adjusting project budgets. Changes that impact Facility Owners shall be
subject to approval by the Facility Owners.
The costs of any changes required by and beneficial to an individual
Participating Agency made after the signing of a Fiber Optic Project
Agreement shall be borne by that Participating Agency. If a Facility
Owner requires a route relocation due to Facility access, the costs of
such a relocation shall be considered general project costs and not the
sole responsibility of the Facility Owner as a Participating Agency. The
costs of other changes necessary to complete the project shall become
part of the total project cost and shall be approved by the Participating
Agencies.
E. OWNERSHIP OF FIBER OPTIC CABLE
All Fiber Optic Cable and Fiber Strands paid for in the initial installation
of a Fiber Optic Project by the Participating Agencies shall be owned by
those Participating Agencies as identified in the Fiber Optic Project
Agreement,
F. USE OF FIBERS
Participating Agencies shall have complete free and unrestricted use of
the fiber optic installations made under a Fiber Optic Project Agreement
for any lawful governmental, public educational, intergovernmental or
public utility purpose, Such right to use shall be for the duration of the
Agreement and any renewal Agreements by the Participating Agencies
unless terminated under the terms and conditions provided herein.
Common Fiber Spares, if provided in a project, shall be shared among
the Participating Agencies only. Identified fiber spares shall be used
only as replacements for disabled fibers. Use of spare fibers shall be
implemented by the Lead Agency, with notification to all Participating
Agencies.
G. SALE OF FIBERS
Participating Agencies shall not sell, assign, assign the use, or otherwise
convey the use of any of a Participating Agency's fibers as identified in
the Project Agreement to any other party except to governmental, public
educational or public utility entities.
Should any of the Participating Agencies wish to sell fibers installed
under this Agreement, the other Participating Agencies in the project
shall be granted right of first refusal. Any entity purchasing fibers
installed under a Fiber Optic Project Agreement must agree to: all the
terms and conditions of this Agreement, including the General Terms
and Conditions, Exhibits and Addenda as specified in this document and
shall notify the Facility Owner(s) of any such purchase. -
H. FUTURE USE OF FIBER OPTIC CABLE ALREADY OWNED BY
. INDIVIDUAL PUBLIC AGENCIES
Nothing in this document precludes Participating Agencies from entering
into separate agreements with other Participating Agencies to utilize
fiber optic cable other than the Fiber Optic Cable installed pursuant to a
Fiber Optic Project Agreement.
I. TAXES
The Participating Agencies shall pay, before delinquency, all applicable
taxes, levies, and assessments arising from their joint Fiber Optic
installations and undertakings under a Fiber Optic Project Agreement,
taxes levied bn the Participating Agencies' property, equipment and
improvements, and taxes on the Participating Agencies' interest in the
Fiber Optic Project Agreement and any leasehold interest deemed to
have been created -thereby under RCW 82.29A. -
PAYMENTS
Participating Agencies shall pay all amounts owed to the Lead Agency
within thirty (30) days of receipt of the billing. If a Participating
Agency cannot or does not make payment for charges owed within
ninety (90) days, the Participating Agency shall be given written notice
to correct the default. The Participating Agency shall have ninety (90)
days, or such longer time after receipt of notice as the Lead Agency may
authorize in writing, to make payment. If the Participating Agency fails
to make payment, it shall be required to sell its fibers, offering right of
first refusal to the other Participating Agencies. As a condition of sale,
such Participating Agency shall require any entity purchasing their fibers
to agree to all the terms and conditions of this Agreement, including the
General Terms and Conditions, Exhibits and Addenda. Failure by any
Participating Agency to comply with the requirements of this section
may void the sale as determined by the other Participating Agencies.
The Participating Agencies shall require such entity to notify the Facility
Owner(s) of any such'purchase.
K. LIABILITY
Liability attributed to the Participating Agencies under this Agreement
shall be shared on a basis proportional to each Participating Agency's
ownership of the fibers in the location where the liability occurs.
Ownership is determined by the demarcation points described in an
Exhibit to the Project Agreement. However, in the case of gross
negligence or willful misconduct on the part of any Participating Agency
(including the Lead Agency), such Participating Agency shall be solely
liable for its conduct. The Facility Owner shall accrue no additional
liability as a result of its ownership of facilities nor shall the Lead
Agency accrue additional liability in its role as Lead Agency, except in
the event of gross negligence or willful misconduct on the part of the
Facility Owner or Lead Agency., Sections 3.G and 3.11; Sections
4.1 and 4. K.
III. RELATIONSHIP AMONG PARTICIPATING AGENCIES AND
THE LEAD AGENCY
A. GENERAL RESPONSIBILITY OF LEAD AGENCY
The Lead Agency shall be responsible for the overall management,
installation and maintenance of the Fiber Optic Project as the agent of
the Participating Agencies in the project. The Lead Agency shall be
responsible for negotiating and entering into separate agreements on
behalf of Participating Agencies with Facility Owners for the specific
use of their Facilities and with contractors to perform all or part of the
Work associated with the Fiber Optic Project. The Lead Agency is
responsible for ensuring that the applicable terms and conditions of the
Project Agreement, General Terms and Conditions, exhibits and addenda
are included in Agreements with Facility Owners and contractors. Prior
to execution of any agreements with Facility Owners or contractors, the
Lead Agency shall provide opportunity for the Participating Agencies to
review and comment on such agreements. In the event there is a dispute
regarding any of the provisions or lack of provisions of any agreement,
such dispute shall be resolved through the process identified in this
Agreement. The Lead Agency shall keep the Participating Agencies
informed as to the status of the Fiber Optic Project.
B. INSTALLATION
The Lead Agency shall comply with standards and installation
procedures as agreed to by the Participating Agencies and the Facility
Owners pursuant to Section II.C.
The Lead Agency shall notify the Participating Agencies when initial
installation of the Fiber Optic Cable and acceptance testing of all of the
Fiber Strands in or on Facilities have been completed.
C. MAINTENANCE AND REPAIR RESPONSIBILITIES
Maintenance and Repair of Fiber Optic Cable and Fiber Strands
Maintenance of the Fiber Optic Cable and Fiber Strands within
Fiber Optic Cable placed in or on Facilities pursuant to this
Agreement shall be the responsibility of the Lead Agency as
agent for the Participating Agencies for the term of the Fiber
Optic Project Agreement and for any extensions or renewals.
In instances where service to any of the Participating Agencies
has been interrupted, the Lead Agency, at the Participating
Agencies' request, will make a reasonable effort to complete
repairs of the Fiber Optic Cable as soon as permission to effect
the repairs has been obtained from the Facility Owner.
2. Maintenance and Repair Expenses
The Participating Agencies shall be responsible for the expense
of maintenance and repair of the Fiber Optic Cable and Fiber
Strands for the duration of the Fiber Optic Project Agreement
and any extensions or renewals on a basis proportional to the
ownership of fibers attributed to each Participating Agency. The
Maintenance Manager shall review ongoing maintenance
expenses with Participating Agencies on an annual basis.
D. FINANCIAL REIMBURSEMENTS AND OTHER PAYMENTS TO
BE PROVIDED TO THE LEAD AGENCY
All costs and expenses incurred by the Lead Agency in performance of
Work and payable by the Participating Agencies pursuant to this
Agreement shall be actual and verifiable. The Lead Agency shall
provide documentation of its methodology for computing any Indirect
Costs, including Indirect Costs for Facility Owners. The Participating
Agencies shall reimburse the Lead Agency within thirty (30) days of
receipt of the Lead Agency's statement of charges.
E. LEAD AGENCY'S NONCOMPLIANCE
Failure of the Lead Agency to adhere to the requirements of Work and
record keeping in this document will be corrected at the Participating
Agencies' joint expense unless there has been gross negligence or willful
misconduct on the part of the Lead Agency. Where there has been gross
negligence or willful misconduct on the part of the Lead Agency, Work
shall be corrected at the expense of the Lead Agency.
F. AUDIT
The Lead Agency shall permit Participating Agencies or agent(s) thereof
from time to time (including after the expiration or termination of a
Fiber Optic Project Agreement), to inspect and audit at any and all
reasonable times in King County, or at such other reasonable location as
mutually, agreed to by the Participating Agencies, all pertinent books and
records of the Lead Agency, the subcontractors or any other person or
entity in connection or related to the Fiber Optic Project with respect to
the services provided, costs thereof, and the compensation paid therefor.
G. LIMITATION OF LIABILITY
The Lead Agency shall not be liable, in law or in equity, to the Facility
Owner, Participating Agencies, or any subsequent user for any damages
relating to the interruption of service or interference with the operation
of the Fiber Optic Project, except to the extent caused by the gross
negligence or willful misconduct of the Lead Agency. THE LEAD
AGENCY SHALL NOT BE LIABLE TO THE FACILITY OWNER,
PARTICIPATING AGENCIES OR THEIR USERS OR ANY
SUBSEQUENT USER UNDER ANY CIRCUMSTANCES FOR
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR
DAMAGES ALLEGED TO HAVE ARISEN DUE TO AN
INTERRUPTION OF SERVICE OR DAMAGE TO ANY FIBER
OPTIC CABLE. OR ASSOCIATED EQUIPMENT,
H. INDEMNIFICATION
The Facility Owners and Participating Agencies shall indemnify and
save harmless the Lead Agency, its officers, employees, and agents from
all claims, actions, liability, and damages of any nature. arising out of
any act or omission, except in the event of gross negligence or willful
misconduct by the Lead Agency in connection with this Agreement.
If any claim arises to which this indemnification provision may be
applicable, the Facility Owner shall immediately upon learning of such
claim, notify the Lead Agency, and upon such notice, the Lead Agency
shall promptly notify the Participating Agencies, The Participating
Agencies may, at their option, settle or compromise such claim. In no
event shall the Facility Owner or Lead Agency have the right to pay,
settle or otherwise compromise such claim without the prior written
consent of the Participating Agencies who shall not unreasonably
withhold such consent.
IV. RELATIONSHIP WITH FACILITY OWNERS
A. PRINCIPLES FOR USE OF CITY OF SEATTLE FACILITIES
Seattle Facilities may be used for fiber sharing projects consistent with
principles adopted by the Seattle City Council in Resolution 29076.
Facilities, such as utility poles and Utilidors, which are currently
available for use by non -City entities shall comply with all
requirements of the City agency which owns them. Use of a
Facility shall be engineered to maximize the reasonable additional
future use of such Facility, e, g., guy wire to facilitate future
co -lashing. The .project cost shall include all fees and charges for
the use of the Facility.
2. The General Terms and Conditions do not authorize use of any
other City of Seattle Facilities such as conduit, ducts and vaults
unless such use is specifically authorized by the Seattle City
Council pursuant to the Addendum Authorizing Use of City of
Seattle Underground or Transmission Facilities.
3. Shared fiber projects which utilize City poles and Utilidors shall
be limited for use only by governmental and public educational
agencies and institutions and shall be used for governmental and
public educational purposes only.
4. Use of Overhead Transmission Facilities is not authorized in a
Fiber Optic Project Agreement unless specifically authorized by
the City Council and a specific Addendum is attached hereto.
The Facility Owner has final approval of planning, engineering,
design, material, and maintenance for all portions of a Fiber
Optic Project on or within its Facilities.
B. APPROVALS
All contractors hired by the Lead Agency to work within or on Facilities
shall be subject to approval by Facility Owners. In all agreements with
contractors, the Facility Owrier(s) may require the Lead Agency to
require such contractors'to attend a pre -construction meeting with the
appropriate authority to review installation requirements and Work
restrictions prior to any Work being performed in or on Facilities. The
contractor's agreement shall state that the Facility Owner or the
jurisdiction having rights -of -way has authority to stop Work or require
that inadequate Work be corrected.
C. ACKNOWLEDGMENT AND ACCEPTANCE OF RISKS
Co -location
In choosing to co -locate any components of a Fiber Optic Project
in Facilities, the Participating Agencies acknowledge and accept
all risks, such as the possibility of electrical fires that may
damage components of a Fiber Optic Project, that are associated
with having components of the Fiber Optic Project co -located
with such Facilities. Participating Agencies explicitly understand
that these risks include bearing all costs, except such costs caused
by the gross negligence or willful misconduct of the -Facility
Owner, including but not limited to, provision of alternate
communication paths needed by the Participating Agencies, loss
of Participating Agency business and restoration of their fiber
systems if they are damaged.
-2. Easements
Participating Agencies acknowledge that existing easements may
not be warranted for this purpose.
3. Right of Entry Agreements
Participating Agencies specifically acknowledge the risks
associated with use of Facilities where entry is based on right of
entry agreements negotiated for the Fiber Optic Project.
D. ACCESS TO AND USE OF FACILITIES
The Lead Agency shall obtain access to and use of Facilities from
Facility Owners for the purpose of installing, maintaining and repairing
components of the Fiber Optic Project, subject to Facility availability as
determined by the Facility Manager, and any and all conditions specified
by the Facility Owner.
E. BUILDING ENTRANCES
In the event that a Building Entrance owned or controlled by one of the
Participating Agencies is not usable for either entering a building or for
providing access to the Iocation in a building where the Participating
Agencies have installed Fiber Optic Project. components, the Lead
Agency has the responsibility for making alternative arrangements for
building access with a building owner. The expense associated with an
alternative Building Entrance shall be borne by the Participating
Agencies utilizing the building.
F. MODIFICATIONS TO FACILITIES
At the Lead Agency's request, the Facility Owner may make
modifications to Facilities to facilitate building access for the Fiber Optic
Project. Any requests by the Lead Agency for such modifications shall
be made to the Facility Manager. Costs for such modifications shall be
paid by the Lead Agency and reimbursed by the Participating Agencies
utilizing such Facilities.
All modifications to Facilities shall be subject to the review and approval
by the Facility Owner and Participating Agencies during design and
construction. If the Lead Agency is responsible for the construction of
the Fiber Optic Project subject to this Agreement, any unauthorized
modifications must be corrected subject to Section IME at the expense of
the Lead Agency.
G. RELOCATION OF FIBER OPTIC CABLE
The Lead Agency will work with the Facility Owner to make a good
faith effort to ensure that the Fiber Optic Cable utilizing Facilities is
routed in such a manner as to minimize the likelihood of future
relocation. However, upon notice from the Facility Owner that
relocation is required, the Lead Agency shall work with the Facility
Owner to ensure timely relocation of such Fiber Optic Cable. The
Facility Owner has the right of pre -approval and post -construction
acceptance of any work required either to remove cable from Facilities
or to place cable in alternative Facilities.
Notice
Except for emergency situations, the Facility Owner will give the
Lead Agency at least one hundred twenty (120) days notice to
relocate any components of the Fiber Optic Project located within
or on Facilities.
2. Relocation
When relocation is required, the Facility Owner may, when
possible, provide substitute Facilities within or on which the
Participating Agencies may relocate the Fiber Optic Cable.
H. PAYMENT -TO FACILITY OWNERS
1. Reimbursements
The Facility Owner shall, submit invoices to the Lead Agency
during the progress of the Work for reimbursement for Work
completed to date,
a. For Performance of Work
The Lead Agency shall reimburse Facility Owner(s) for
all costs incurred by the Facility Owner(s) in the
performance of Work necessary for the installation and
operation of the Fiber Optic Project. In addition to
reimbursement for direct costs of labor and materials
incurred in the performance of Work necessary for the
installation and operation of the Fiber Optic Project, the
Facility Owner(s) shall be reimbursed by the Lead
Agency for Indirect Costs as may be called for in the
agreement for use of Facilities between the Lead Agency
and the Facility Owner.
b. For Relocation
The Lead Agency shall reimburse Facility Owner(s) for
all direct and verifiable costs associated with any
relocation unless the costs of relocation of any cables of
the Fiber Optic Project located within or on Facilities are
borne by a third Party. In addition to reimbursement for
direct costs of labor and materials incurred for such
relocations, Facility Owner(s) shall be reimbursed by the
Lead Agency for Indirect Costs as may be called for in
the agreement for use of Facilities between the Lead
Agency and the Facility Owner.
2. Annual Facility Use Payment
By December 31 of each year, the Facility Owner will submit to
the Lead Agency a bill and supporting documentation for the
annual payment for Facilities utilized by the Fiber Optic Project
as of that year. Fees shall commence on the effective date of the
document authorizing use.
Payment
Invoices shall be submitted by the Facility Owner to the Lead'
Agency.
All amounts due to the Facility Owner under this Agreement
shall be paid by the Lead Agency within sixty (60) days of the
date of the invoice from the Facility Owner. The Facility Owner
may elect to assess an interest fee of 0.033 % for each day
payment is late, and may consider the Participating Agencies in
default if any amount is not paid to the Facility Owner by the due
date.
4. Disputed Payments
If a dispute arises as to any funds due to the Facility Owner
under the terms of this Agreement, the Participating Agencies
shall pay the disputed amount into an escrow account pending the
outcome of the dispute. The Participating Agencies may agree to
allocate interest; if no such agreement can be reached, the
interest will accrue to the benefit of the substantially prevailing
party.
LIMITATION OF LIABILITY
Facility Owners shall not be liable, in law or in equity, to the Lead
Agency, Participating Agencies, or any subsequent user for any damages
relating to the interruption of service or interference with the operation
of the Fiber Optic Project, except to the extent caused by the gross
negligence or willful misconduct of the Facility Owner. THE
FACILITY OWNER SHALL NOT BE LIABLE TO THE
PARTICIPATING AGENCIES OR THEIR USERS OR ANY
SUBSEQUENT USER UNDER ANY CIRCUMSTANCES FOR
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR
DAMAGES ALLEGED TO HAVE ARISEN DUE TO AN
INTERRUPTION OF SERVICE OR DAMAGE TO ANY FIBER
OPTIC CABLE OR ASSOCIATED EQUIPMENT,
RIGHTS OF PROPERTY
Nothing in the General Terms and Conditions, Exhibits and/or Addenda
shall be construed to convey to the Participating Agencies any property
rights in Facilities. Nothing in the General Terms and Conditions,
Exhibits and/or Addenda shall be construed to compel a Facility Owner
to maintain any of its Facilities for a period longer than is necessary for
its own service requirements. In the event that Facilities are abandoned
by the Facility Owner, the Participating Agencies may remain in such
Facilities at their own risk, subject to the approval of the Facility
Owner,
K. INDEMNIFICATION
Except as limited below, the Lead Agency and Participating Agencies
shall indemnify and save harmless Facility Owners, their officers,
employees, and agents from all claims, actions, liability, and damages of
any nature arising out of any act or omission, except in the event there
has been gross negligence or willful misconduct by the Facility Owner in
connection with this Agreement.
If any claim arises to which this indemnification provision may be
applicable, the Facility Owner shall immediately upon learning of such
claim, notify the Lead Agency, and upon such notice, the Lead Agency
shall promptly notify the Participating Agencies. The Participating
Agencies may, at their option, settle or compromise such claim. In no
event shall the Facility Owner or Lead Agency have the right to pay,
settle or otherwise compromise such claim without the prior written
consent of the Participating Agencies who shall not unreasonably
withhold such consent.
L. DEFAULT
Any of the following circumstances shall be considered an event of
default, and based upon such default, the Facility Owner may, by
written Notice of Termination (Section VLE, C Termination) to the
Participating Agencies, suspend or terminate its Agreement with the
Lead Agency effective as of the date specified by the Facility Owner in
the Notice:
The Lead Agency's failure to perform the Work within the time
specified, or any authorized extension thereof;
2. The Lead Agency's failure to satisfactorily perform Work in
conformance with the Fiber Optic Project Agreement and/or to
the satisfaction of the Facility Owner;
3. In the event the Facility Owner deems that the Lead Agency's .
performance or failure to perform will jeopardize the integrity of
its systems and/or Facilities.
Upon the Facility Owner's identification of default, the Facility Owner
may elect to give written notice to the Lead Agency to correct the
default. The Facility Owner shall provide immediate telephonic notice
to correct the default followed by a facsimile, to the Lead Agency. The
Lead Agency shall provide immediate telephonic notice, followed by a
facsimile, to Participating Agencies of any notice from a Facility Owner
of such default, suspension or termination. The Lead Agency shall have
seven (7) days, or such longer period after receipt of notice of default as
the Facility Owner may authorize in writing, to submit to the Facility
Owner a written plan for corrective action. If the Lead Agency fails to
respond with a written plan for corrective action that is mutually
acceptable to the Participating Agencies or if the Lead Agency fails to
adhere to the plan for corrective action, the Facility Owner may transmit
the termination notice. No notice of termination for reason of default
will be effective without first providing the Lead Agency with such
written notice of default.
Upon receipt of a notice of termination, except as otherwise directed by
the Facility Owner, the Lead Agency shall cease Work under the Fiber
Optic Project Agreement on the date specified in the notice and waive all
claims for profits and damages caused by such cessation; provided,
however, unless an emergency exists, as defined by the appropriate
Facility Owner authority, that the date of termination shall not be less
than ten (10) days from the date such notice of termination is received.
In the event the Facility Owner terminates a Fiber Optic Project
Agreement as provided in this clause, the Facility Owner may perform
Work by whatever method it may deem expedient to protect its
Facilities. In such case, expenses incurred by the Facility Owner for
protecting its Facilities shall be charged to, and subject.to Section HIR,
paid by the Lead Agency.
V. RELATIONSHIP BETWEEN LEAD AGENCY AND
CONTRACTORS
A. RESPONSIBILITY
The Lead Agency is responsible for ensuring that the applicable terms_
and conditions of the Project Agreement; General Terms and
Conditions, exhibits and addenda are included in Agreements with
Facility Owners and contractors. However, each contractor shall be
held liable for any negligence caused by its performance or failure to
perform the work under the Project Agreement or any contracts with the
Lead Agency.
B. APPROVALS
All contractors hired by the Lead Agency to work within or on Facilities
shall be subject to approval by Facility Owner(s). In all agreements with
contractors, the Lead Agency may require such contractors to attend a
pre -construction meeting with the appropriate authority to review
installation requirements and Work restrictions prior to any Work being
performed in or on Facilities. The contractor's agreement shall state
that the Facility Owner or the jurisdiction having rights -of -way has
authority to stop Work or require that inadequate Work be corrected.
C. INSURANCE
Prior to undertaking any work under any Fiber Optic Project
Agreement, the Lead Agency shall ensure that all contractors, at no
expense to the Lead Agency, Participating Agencies and Facility
Owner(s), have obtained and filed with the Lead Agency, acceptable
evidence of a policy or policies of insurance as enumerated below.
1. The insurance shall contain the following types of coverages and
minimum dollar limits:
a. Commercial General Liability: A policy of commercial
general liability insurance, written on an occurrence form,
including all the usual coverage known as:
! Premises/Operations Liability
1 Products/Completed Operations
! Personal/Advertising Injury
Contractual Liability
Owners and Contractors Protective Liability
Employers Liability (Stop Gap)
! Explosion, Collapse and Underground Property
Damage (XCU) (as applicable)
! Watercraft, owned and non -owned (as applicable)
Pollution Liability Insurance
Such policy(ies) shall provide the following minimum
coverage:
Bodily Injury' and Property Damage -
$1,000,000 per occurrence,
$2,000,000 annual aggregate.
If any policy required under this subsection is written on a
claims -made form, the retroactive date shall be prior to or
coincident with the date of this Agreement. The policy
shall state that coverage is "claims made", and state the
retroactive date. The contractor shall maintain such
policy continuously in force for a period of twenty-four
(24) months following the completion date, and the
contractor shall annually provide the Lead Agency with
proof of renewal. If renewal of the claims -made form of
coverage becomes unavailable, or economically
prohibitive, the contractor shall purchase an extended
reporting period ("tail") or execute another form of
guarantee acceptable to the Lead Agency to assure
financial responsibility for liability for services
performed, which shall run at least through the end of this
twenty-four (24) month period.
b. Commercial Automobile Liability: A policy of
Commercial Automobile Liability, including coverage for
owned, non -owned, leased or hired vehicles.
Such policy shall provide the following minimum
coverage:
Bodily Injury and Property Damage -
$1,000,000 per accident/occurrence
c. Workers' Compensation: Contractor agrees at all times to
comply with all applicable workers = compensation,
occupational disease, and occupational health and safety
laws, statutes, and regulations to the full extent
applicable. Such workers = compensation and
occupational disease requirements shall include coverage
for all employees suffering bodily injury (including death)
by accident or disease, which arises out of or in
connection with the performance of the agreement
between the contractor and the Lead Agency
(AContract@).
2. If the contractor's, insurance contains a deductible (or self -insured
retention amount) the contractor shall:
a. disclose such amount, and
b. be responsible for payment of any claim equal 'to or less
than the deductible (or self -insured retention amount).
Any deductible or self -insured retention must be disclosed and
is subject to approval by the Lead Agency,
3. The above policy or policies, endorsements thereto, and
subsequent renewals shall:
a. Be subject to approval by the Lead Agency as to
company, form, and coverage. The insurance carrier
shall be:
rated A-:VII or higher in the A.M. Best's Key
Rating Guide,
licensed to do business in the State of Washington,
or be
filed in the State of Washington as surplus lines by
a Washington Surplus Lines Broker.
b. Be primary to all other insurance the Lead Agency,
Participating Agencies, and Facility Owner(s) may obtain,
and
C. Be maintained in full force and effect at no expense to the
Participating Agencies and the Facility Owner(s) for a
period of twenty-four (24) months following the
completion date, and
d. Protect the Participating Agencies and Facility Owner(s)
within the policy limits from any and all losses, claims,
actions, damages and expenses arising out of or resulting
from the contractor's performance or lack of performance
under the "Contract", and
e. Name the Participating Agencies and Facility Owner(s) as
an additional insured, on and ISO form (CG2010 or CG
2026), including its officers, elected officials, employees,
agents, and volunteers, and
Include a "Separation of Insureds" or "Severability of
Interests" provision (whether by endorsement or
otherwise) indicating that, except with respect to the
limits of insurance, and any rights or duties specifically
assigned to the first named insured, the insurance shall
apply:
as if each party insured thereunder (whether as a
named insured, additional named insured or
additional insured) were the only party insured by
such policy(ies), and
separately to each insured against whom a claim is
made or a suit is brought.
g. In accordance with RCW 48.18,290, the coverages
provided by this policy for this Fiber Optic Project shall
not be terminated, reduced or otherwise materially
changed without providing at least forty-five (45) days
prior written notice to the Lead Agency.
Failure of the contractor to comply with any of the terms of these
insurance provisions shall be considered a material breach of this
Contract and, at the option of the Lead Agency, shall be cause for such
action as may be available to the Lead Agency under -other provisions of
the Contract documents or otherwise in law, including immediate
termination of the Contract.
To ensure compliance with the terms of this document, all contractors
shall provide an executed Contract Bond in the amount specified in the
Fiber Optic Project Agreement, with a surety or sureties who are
acceptable to the Participating Agencies and the Facility Owner(s). This
bond shall remain in full force and effect through acceptance of the
Work. The bond shall contain a provision, that it shall not be terminated
or otherwise allowed to expire without prior thirty (30) days written
notice being given to the Lead Agency.
E. NONDISCRIMINATION AND AFFIRMATIVE ACTION
During the performance of Work, the Lead Agency, for itself, its
assignees and successors in interest, agrees as follows:
The Lead Agency shall not allow any contractor to discriminate
against any employee or applicant for employment because of
age, sex, race, religion, creed, color, ideology, ancestry, national
origin, or the presence of any sensory, mental, or physical
handicap, unless based upon a bona fide occupational
qualification. The contractor will take affirmative action to
ensure that applicants are employed, and that employees are .
treated during employment without regard to their creed,
religion, race, color, sex, age, national origin, or the presence of
any sensory, mental, or physical handicap. Such action shall
include, but not be limited to, the following: employment,
upgrading, demotion, or transfer, recruit-ment, or recruitment
advertising, Iayoff or termination, rates or pay or other forms of
compensation, and selection for training, including
apprenticeship.
2. The contractor shall, prior to commencement and during. the term
of its contract, furnish to the appropriate enforcement entity in
the Lead Agency's governmental agency upon his/her request and
on such form as may be provided by that entity therefor, a report
of the affirmative action taken by the contractor in implementing
the terms of these provisions, and will permit access to his/her
records of employment, employment advertisements, application
forms, other pertinent data and records requested by the
enforcement entity for the purpose of investigation to determine
compliance with this provision.
If, upon investigation, the enforcement entity finds probable
cause to believe that the contractor has failed to comply with any
of the terms of these provisions, the Participating Agencies shall
be so notified in writing. The Lead Agency shall give the
contractor an opportunity to be heard, after ten (10) days notice.
If the agency concurs in the findings of the enforcement entity, it
may suspend the contract and/or withhold any funds due or to
become due to the contractor, pending compliance by the
contractor with the terms of these provisions.
4. Failure to comply with any of the terms of these provisions shall
be a material breach of the contract. -
The foregoing provisions, (L) through (4.), will be inserted in all
contracts for Work covered by the Fiber Optic Project
Agreement.
F. WOMEN' S AND MINORITY BUSINESS UTILIZATION
The Lead Agency will make every effort to utilize women's business
enterprises and minority business enterprises in any contracting. The
Lead Agency will require that its contractors and subcontractors will
make every effort to utilize women's business enterprises and minority
business enterprises. The Lead Agency will maintain records reasonably
necessary for monitoring its compliance with the provisions of this
section.
VI. ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO
ALL FIBER OPTIC PROJECT AGREEMENTS
A. LAWS, LICENSES, AND PERMITS
1. General Requirement
All Work done under a Fiber Optic Project Agreement shall
comply with all applicable federal, state, and local laws, and all
rules, regulations, orders, and directives of the administrative
agencies and officers thereof.
2. Licenses, Permits and Similar Authorizations
The Participating Agencies represent and warrant to the owners
of rights -of -way and to Facility Owners that they shall have and
maintain in effect at all times all necessary franchises, licenses,
permits, consents and easements from federal, state and local
authorities and the owners of rights -of -way and private property.
The Participating Agencies will comply with all requirements
thereof to install, construct; maintain, operate and remove any
fiber optic installation(s).
B. PERFORMANCE STANDARDS
Each Participating Agency will perform all of its obligations under a
Fiber Optic Project Agreement in a reasonable and timely manner. The
standard for such performance will be the normal industry standard in
the relevant market. Where any Participating Agency's approval,
satisfaction, authorization, or similar approbation is required, such
approval, satisfaction, authorization, or similar approbation will be
forthcoming in a timely manner and will not be unreasonably withheld.
C. SUBJECT TO LAWS
All Fiber Optic Project Agreements are subject to all applicable federal,
state, and local laws, and regulations, rulings and orders of
governmental agencies. Any Participating Agency may terminate its
obligations under a Fiber Optic Project Agreement if ordered to do so by
the final order or filing of a court or other governmental agency or if
such order or ruling would make it impossible for any Participating
Agency to carry out its obligations under this Agreement. If required by
the final order of a court of competent jurisdiction, upon the issuance of
such order stating that the rights of use or access to an Owner's
Facilities is unlawful, the Lead Agency shall immediately terminate
work associated with the use or access and the Lead Agency shall
remove all violating appurtenances. In addition, if at any time during
the term of this Agreement, the action of a governmental agency
requifes modification of terms and conditions of the Agreement in order
to meet legal requirements, or renders performance by any Participating
Agency unreasonable, the Participating Agencies will enter into
negotiations to achieve an equitable adjustment of any increased costs or
liabilities incurred by any Party as a result of such required
modification. The preceding section shall not apply to a court order
determining that the Participating Agencies' use violates a private
easement.
Facility Owners have no actual knowledge of any restriction in their
agreements with third parties which would prohibit the Participating
Agencies' use of Facilities as contemplated herein. The Participating
Agencies recognize that the Facility Owners have done no special
searches or investigations with respect to restrictions in their agreements
with third parties that may affect the use of Facilities as contemplated by
the Fiber Optic Project Agreement.
1§�M:1.7►1
Fiber Optic Project Agreements shall become effective upon the
execution of all Participating Agencies, and unless terminated in
accordance with the provisions of Article VLE C Termination, shall
continue up to a term of twenty (20) years.
One year prior to the expiration of this twenty-year period, the
Participating Agencies shall in good faith negotiate a renewal Agreement
for an additional twenty-year period or terminate their participation
according to the provisions in this Agreement. As a starting point for
negotiations of a renewal Agreement, the Participating Agencies will use
the Fiber Optic Project Agreement as the framework for further
negotiations. Under the terms of any renewal Agreement, the
Participating Agencies shall continue to make payments to Facility
Owners for use of Facilities and to make other payments specified in the
Fiber Optic Project Agreement.
Terms and conditions of existing Fiber Optic Project Agreements that
have expired shall remain in effect until superseded by a new
Agreement.
E. TERMINATION
For Cause
Any Participating Agency may terminate a Fiber Optic Project
Agreement in the event that another fails to perform its
obligations as described in this Agreement, and such failure has
not been corrected to the reasonable satisfaction of the other in a
timely manner after notice of breach has been provided to such
other Party.
2. Notice
Notice of termination shall be given by the Participating Agency
terminating the Agreement to the others not less than thirty (30)
days prior to the effective date of termination.
F. FORCE MAJEURE
Any Participating Agency may suspend a Fiber Optic Project Agreement
without recourse by another where performance is rendered impossible
or impracticable for reasons beyond such Participating Agency's
reasonable control, such as, but not limited to, acts of nature, war or
warlike operations, civil commotion, riot, labor dispute including strike,
walkout, or lockout, sabotage, or superior governmental regulation or
control.
G. NO WAIVER
No term or provision hereof shall be deemed waived or consented to,
and no breach excused unless such waiver or consent shall be in writing
and signed by the Participating Agency claimed to have waived or
consented.
Failure of a Participating Agency to insist upon strict performance of, or
that Participating Agency's waiver of, any of the terms, conditions, or
obligations of either the General Terms and Conditions or a specific
Fiber Optic Project Agreement, shall not be a waiver of any other term,
condition, covenant or obligation, or of any subsequent default by
breach of the same or other term, condition, covenant or obligation
contained herein.
H. - SEVERABILITY
In the event any section, sentence, clause, or phrase of the General
Terms and Conditions or a specific Fiber Optic Project Agreement is
adjudicated to be invalid or illegal by a court of last resort and of
competent jurisdiction, the remainder of the General Terms and
Conditions or of a specific Fiber Optic Project Agreement shall be
unaffected by such adjudication and all other provisions shall remain in
full force and effect as though the section, clause, or phrase so
adjudicated to be invalid had not been included herein. The
Participating Agencies agree to then negotiate in good faith the
replacement section, sentence, clause, or phrase which is legal and most
closely represents the original intent of the Participating Agencies.
I. RIGHTS CUMULATIVE
The rights and remedies of the Participating Agencies provided for
under the General Terms and Conditions or under a specific Fiber Optic
Project Agreement are in addition to any other rights and remedies
provided by law. The failure to exercise on any occasion any right shall.
not operate to forfeit such right on another occasion. The use of one
remedy shall not exclude or waive the right to use another.
CONTRACTUAL RELATIONSHIP
The General Terms and Conditions do not constitute the Participating
Agencies as the agent or legal representative of a Facility Owner for any
purpose whatsoever. The Participating Agencies are not granted any
express or implied right or authority to assume or create any obligation
or responsibility on behalf of or in the name of the Facility Owner or to
bind the Facility Owner in any manner or thing whatsoever.
K. HEADINGS
The titles of sections are for convenience only and do not define or limit
the contents.
L. APPLICABLE LAW AND VENUE
All Agreements among the Participating Agencies shall be construed and
interpreted in accordance with the laws of the State of Washington, and
venue of any action brought hereunder shall be in the Superior Court for
King County.
. M. BINDING EFFECTS
The provisions, covenants and conditions in the General Terms and
Conditions and in any specific Fiber Optic Project Agreement apply to
bind the Participating Agencies, their legal heirs, representatives,
successors, and assigns.
N. ASSIGNMENT
No Participating Agency or Lead Agency shall assign its rights or assign
its duties under a Fiber Optic Project Agreement without the prior
written consent of the other Participating Agencies, which consent shall
not be unreasonably withheld.
O. NOTICES
All notices and other materials to be delivered hereunder, shall be in
writing and shall be delivered or mailed to addresses as identified in the
Fiber Optic Project Agreement.
P. NON -EXCLUSIVITY
This is a non-exclusive arrangement.
Q. MODIFICATION OR AMENDMENT
No modification to or amendment of the provisions of the General
Terms and Conditions or of any specific Fiber Optic Project Agreement
shall be effective unless in writing and signed by authorized
representatives of the Participating Agencies to the Fiber Optic Project
Agreement. The Participating Agencies expressly reserve the right to
modify any agreement, from time to time, by mutual agreement.
R. ATTORNEY FEES AND COSTS
In the event legal action is taken or commenced among the Participating
Agencies hereto, declaratory or otherwise, for the enforcement of any of
the covenants, terms, or conditions of this Agreement, the substantially
prevailing party shall be entitled to its costs and reasonable attorney fees
as determined by the trial and appellate courts.
Costs and reasonable attorney fees shall include, but not be limited to,
reasonable attorney fees:, paralegal and legal support staff expenses,
costs of arbitration, mediation, expert witnesses, exhibits, reasonable
investigations, and reimbursement for all time, expense, and overhead of
all substantially prevailing party personnel or consultants assisting in the
legal action or responding to or investigating a claim or demand.
S. ARBITRATION/MEDIATION
If a dispute arises out of or relates to this Agreement, or the breach
thereof, and if said dispute cannot be settled through direct discussions,
the Lead Agency, Facility Owner or Participating Agencies agree to first
endeavor to settle the dispute in an amicable manner by mediation,
before resorting to arbitration. Thereafter, any unresolved controversy
or claim arising out of or relating to this Agreement, or breach thereof,
shall be settled by arbitration, and judgment upon the award rendered by
the arbitrator may be entered in any court leaving jurisdiction thereof.
Nothing in this paragraph precludes any Lead Agency, Facility Owner
or Participating Agency from seeking relief from King County Superior
Court should mediation or arbitration efforts be unsuccessful.
ref: FinAdmin Ord/Agrmt No. 2 (FSFOIP.GTC)
EXHIBIT A
CITY OF SEATTLE FACILITIES
I. GENERAL CONDITIONS FOR ACCESS TO AND USE OF CITY
FACILITIES
A. All City of Seattle Facilities
Permission to Enter
Access to Facilities shall be allowed only after the Facility
Owner has been notified per item 2., below, and permission has
been granted by the Facility Owner.
2. Requests for Access
All requests for access to Facilities must be made through the
appropriate City Facility Manager or designee in writing
(facsimile acceptable), and shall be subject to the restrictions and
conditions in this Agreement.
In the event of an emergency, requests for access may be made in
person or by telephone. In such cases, prompt written
documentation of the request will follow.
3. City Buildings
If the Lead Agency desires to utilize space in 'any City building,
the Lead Agency shall comply with the restrictions and
conditions specified by the designated building manager.
4. Conformance to Regulations
Access to and use of any Facility shall be in conformance with all
codes, regulations and requirements.
Acknowledgment and Acceptance of Risks
In choosing to co -locate any components of a Fiber Optic Project
with City Facilities, the Participating Agencies acknowledge and
accept all risks, including but not limited to excessive heat or
fires that may damage components of the Fiber Optic Project that
are associated with having components of the Fiber Optic Project
co -located with City Facilities.
B. City Department Facilities, Other than City Light
1. Priority Protection
The Lead Agency shall make the protection of the
telecommunications, traffic control and street -lighting Facilities
the highest priority when working in City Department Facilities
or in proximity to City Department Facilities where such
proximity could directly affect the functioning of the Facilities.
The Participating Agencies will not through their action or
knowing inaction compromise such protection.
2. Priority Restoration
Restoration of telecommunications, traffic control, and
street -lighting services shall be given the highest priority in the
event that any of these services and the Participating Agencies'
telecommunication services are interrupted at the same time,
unless otherwise agreed to by the City and the Participating
Agencies at the time of restoration. In the event of an outage,
the City shall promptly work to restore the functionality of the
Fiber Optic Cable as soon as reasonably possible and practical
after restoration of any such necessary City services. The City
shall not cut or otherwise damage Fiber Optic Cable unless
absolutely necessary for the safe and prompt restoration of
telecommunications, traffic control and street lighting systems.
3. Underground Facilities
Use of Underground Facilities is not authorized in a Fiber Optic
Project Agreement unless such use is specifically authorized by
the Seattle City Council pursuant to the Addendum Authorizing
Use of City of Seattle Underground or Transmission Facilities,
II. PROCEDURES FOR CITY OF SEATTLE FACILITIES
A. Engineering, Design, and Maintenance
Upon execution of a Fiber Optic Project Agreement, the Participating
Agencies and Facility Owners shall review and revise planning,
engineering, design, installation, and maintenance procedures for the
Fiber Optic Project. The procedures will be subject to the approval of
the Facility Owners.
B. Access
The Lead Agency shall notify the appropriate City Department at
least two (2) working days before access, to any City Department
facility is desired: The affected City Department will respond to
requests for access from the Lead Agency at least twenty-four
(24) hours prior to the requested start time, indicating whether
access has been granted as requested, access has been delayed or
access has been denied.
2. The City shall make every effort to provide access to Facilities
during the times requested by the Lead Agency. However, the
-City may not be able to accommodate all requests, and the Lead
Agency will need to plan accordingly.
3. All access to City Facilities by the Lead Agency or its
contractors must be coordinated with the appropriate authority
staff designated by the City's Facility Manager(s). The Lead
Agency and its contractors must comply with whatever conditions
for access to City Facilities that are specified by designated
Facility Managers.
C. Project Control
City staff shall be authorized to stop Work on installation that is being
conducted by the Lead Agency and its contractors on the Fiber Optic
Project if City staff determine that the Work in question would.or could
potentially cause electrical hazards to workers or problems with the
electrical system, telecommunications, traffic control or street -lighting
systems. Such problems include, but are not limited to future City
Work, present crowded conditions, future load growth on the City Light
system, and the specification or installation of noh-standard equipment,
materials and/or supplies by the Lead Agency.
III. ANNUAL PAYMENT TO THE CITY FOR USE OF FACILITIES
On an annual basis, the Lead Agency shall make an annual use payment to the
Facility Owner. Regardless of the Ownership of Fiber Optic Cable, the Lead
Agency shall pay the Facility Owner for the use of Facilities in or on which
Fiber Optic Cable has been installed by or on behalf of the Participating
Agencies pursuant to a Fiber Optic Project Agreement.
Charges for Maintenance Hole, Handhole, Vault and Duct/Conduit occupancy
shall be established by applicable City rate ordinance.
EXHIBIT B
SEATTLE CITY LIGHT FACILITIES
I. GENERAL CONDITIONS
Seattle City Light reserves the right to determine if work in or on its Facilities
may be performed by contractors. All contractors hired by the Lead Agency to
work within or on Seattle City Light Facilities shall be subject to approval by
Seattle City Light. In all agreements with contractors, the Lead Agency may
require such contractors to attend a pre -construction meeting with the Seattle
City Light to review installation requirements and Work restrictions prior to
any Work being performed in or on Facilities. The contractor's agreement shall
state that Seattle City Light has authority to stop Work of require that
inadequate Work be corrected.
A. Priority Protection of the City's Electrical System
The Lead Agency shall make the protection of the City's electrical
power system the highest priority when working in Seattle City Light
Facilities or in proximity to Seattle City Light Facilities. The Lead
Agency will not through his/her action or knowing inaction compromise
such protection.
B. Priority Restoration
The restoration of electrical service shall have the highest priority in the
event that both Seattle City Light's electrical system and the
Participating Agencies' telecommunications services are interrupted,
unless otherwise agreed to by City Light and Participating Agencies at
the time of restoration. In the event of an outage, Seattle City Light
shall expeditiously work to restore the functionality of the Fiber Optic
Cable as soon as reasonably possible and practical after restoration of all
necessary electrical service. Seattle City Light shall not cut or otherwise
damage the Fiber Optic Cable unless absolutely necessary for the safe
and prompt restoration of electrical service.
II. REQUIREMENTS FOR USE OF FACILITIES
A. Overhead Transmission Facilities
Use of Overhead Transmission Facilities is not authorized in this Fiber
Optic Project Agreement unless such use is specifically authorized by the
Seattle City Council pursuant to the Addendum Authorizing Use of City
of Seattle Underground or Transmission Facilities.
B. Overhead Distribution Facilities
The Participating Agencies shall be subject to restrictions that are
specified in any applicable franchise, easement, and right-of-way
agreements that City Light has with any entity located within or
outside of the Seattle City Light Service Area.
2, The Lead Agency shall conduct at its own expense, whatever
analyses Seattle City Light deems necessary to determine whether
any modifications need to be made to its Overhead Distribution
Facilities before Fiber Optic Cable can be safely attached to these
Facilities.
The Lead Agency shall install Fiber Optic Cable Splices in
accordance with industry standards.
4. The Lead Agency shall comply with Seattle City Light's Pole
Attachment Policy (DPP 500 P III-804) and shall complete a
Master Pole Attachment Agreement.
C. Underground Facilities
Use of Underground Facilities is not authorized in this Fiber Optic
Project Agreement unless such use is specifically authorized by the
Seattle City Council pursuant to the Addendum Authorizing Use of City
Of Seattle Underground or Transmission Facilities.
Charges for Maintenance Hole, Handhole, Vault, and Duct/Conduit
occupancy shall be established by applicable City rate ordinance.
D. Substations
Where the Lead Agency terminates Overhead Optical Ground Wire in
Substations, such terminations shall be on Dead-end Towers unless
otherwise authorized in writing by Seattle City Light.
III. PROCEDURES FOR SEATTLE CITY LIGHT FACILITIES
A. Engineering, Design, and Maintenance
Upon execution of a Fiber Optic Project Agreement, the Participating
Agencies and Seattle City Light shall review and revise planning,
engineering, design (includes material specifications), installation, and
maintenance procedures for the Fiber Optic Project. The procedures
will be subject to the approval of Seattle City Light. All materials used
must, be approved by Seattle City Light prior to installation.
B. Access
1. The Lead Agency shall notify Seattle City Light at least -two (2)
working days before access to any Seattle City Light facility is
desired. City Light will respond to requests for access from the
Lead Agency at least twenty-four (24) hours prior to the
requested start time, indicating whether access has been granted
as requested, access has been delayed or access has been denied.
2. Seattle City Light shall make every effort to provide access to
Facilities during the times requested by the Lead Agency.
However, Seattle City Light may not be able to accommodate all
requests, and the Lead Agency will need to plan accordingly.
3. All access to Seattle City Light Facilities by the Lead Agency or
its contractors must be coordinated with the appropriate authority
designated by Seattle City Light's Facility Manager(s). The Lead
Agency and its contractors must comply with the conditions for
access to Seattle City Light Facilities that are specified by
designated Facility Managers.
4. All installations within or on Seattle City Light Facilities by the
Lead Agency, Participating Agencies or their -contractors may
require the presence of a Safety Observer. A Seattle City Light
Safety'Observer shall be used whenever a Lead Agency,
Participating Agency or their contractors will perform Work:
a. In a substation or switchyard;
b. - Intermittently in an energized Vault, Maintenance Hole or
Handhole (NOTE: Intermittent work is performed in
segments lasting only one month or less.); or
C. Installing duct, Vaults, Maintenance Holes or Handholes
intermittently in the vicinity of energized underground
cable (two (2) feet on either side of "marked for locate"
conductors).
At Seattle City Light's option, the Lead Agency, Participating
Agencies or their contractors may be allowed to supply -their own
qualified (as defined in the Seattle City Light Safety Observer
Policy) electrical Safety Observers for continuous work only in
(b) or (c).
C. Project Control
Seattle City Light staff shall be authorized to stop Work on installation
that is being conducted by the Lead Agency and its contractors on the
Fiber Optic Project if Seattle City Light determines that the Work in
question would or could potentially cause electrical hazards to workers
or problems with the electrical system, telecommunications, traffic
control or street -lighting systems. Such problems include, but are not
limited to future City Light -Work, present crowded conditions, future
load growth on the Seattle City Light system, and the specification or
installation of non-standard equipment, materials and/or supplies by the
Lead Agency.
IV. INSTALLATION STANDARDS FOR SEATTLE CITY LIGHT FACILITIES
All installations within or on Seattle City Light Facilities by the Lead Agency,
Participating Agencies, or their contractors require the presence of a Safety
Observer.
A. Substation
Any Optical Ground Wire or self-supporting aerial installed by
the Participating Agencies which terminates in Substations shall
be terminated on dead-end towers. Only clamps designed for
optical ground wire shall be used. Optical ground wire shall be
routed down a leg of the dead-end structure and supported as
designated by the Seattle City Light Engineering Services
Division. Fiber termination shall be in a Splice box mounted on
the dead-end tower as specified by the Seattle City Light
Engineering Services Division. Conduit shall be installed up to
the Splice box to permit routing of a connecting cable between
the Splice box and the Substation control building.
2. Any of the Participating Agencies' Fiber Optic Cable in Seattle
City Light Substations shall be terminated on connectorized patch
panels. Patch panels and electronic equipment shall be located on
existing communication racks, or on new communication racks as
specified by the Seattle City Light Engineering Services Division.
Routing of the Participating Agencies' Fiber Optic Cables into
and within Seattle City Light substations shall be as directed by
the Seattle City Light Engineering Services Division.
B. Overhead Distribution Facilities
In addition to the provisions of the Master Pole Attachment Agreement,
the following requirements shall apply to all such installations:
1. Climbing space. The "back", hereinafter defined, of the pole
shall be kept clear for climbing space and shall not rotate around
pole from quadrant to quadrant. The back of the pole shall mean
the side opposite the "setting gain" or "brand" which is on the
face of the pole 10 feet (Telecommunications Company set) or 12
feet (City Light Department set) from the butt end of the pole.
The back of the pole shall also mean the convex side of the pole
which has a natural sweep or curve from end to end.
2. Service drops shall not be permitted in the climbing space, and
drops shall not be installed just beyond this space. A 36" space
rather than a 24" space along the lead shall also be required.
(Refer. to Table 10, Section 236, State of Washington Electrical
Construction Code.)
The vertical height of installations is to be determined from
ground level rather than from the existing power secondary as the
secondary is subject to relocation.
4. Non-metallic Conduit, PVC or equal, shall be required for
vertical risers attached to the pole above telephone or other
attachments:
5. Conduits on poles shall not be located in the climbing space. In
case of questions concerning the location of a Conduit, City
Light Department, upon request, will make a field
determination.
6. The Lead Agency shall also conform to all future and to any
existing installation rules, regulations or requirements that may
be promulgated in writing to the Participating Agencies by
Seattle City Light.
C. Requirement to Relocate Facilities, Other than Overhead
Notwithstanding any provision in this Agreement, Seattle City Light
Department may require that Participating Agencies' Fiber Optic Project
facilities be relocated or removed from City Light Department facilities.
If, following notification (consistent with Section IV. G.1.) to relocate or
vacate, the Participating Agencies fail to relocate or remove their
facilities in a timely manner, Seattle City Light may enforce one or more
of the following options:
1. Seattle City Light may require the Participating Agencies to
construct,. or have constructed, alternate facilities such as vaults,
maintenance holes, ducts, and conduits for Seattle City Light's
use in Iieu of relocating their facilities.
2. Seattle City Light may impose a fee of two -thousand dollars
($2,000) per day for each .day that the Participating Agencies'
Fiber Optic Facilities remain in place after the date specified in
the Facility Owner's request to relocate/remove.
3. Seattle City Light may assume ownership of the Participating
Agencies' Fiber Optic Facilities.
4_ Seattle City Light may remove the Participating Agencies' Fiber
Optic Facilities and charge the costs, including direct and indirect
costs, to the Participating Agencies.
ref: FinAdmin Ord/Agrmt No. 2 (FSFOIRGTC)
ADDENDUM 1:
AUTHORIZING USE OF CITY OF SEATTLE
UNDERGROUND OR TRANSMISSION FACILITIES
This addendum to the General Terms and Conditions provides for the use of The City of
Seattle's Underground Facilities, including conduit, ducts, etc.
The following material shall be added to Section IV.D of the General Terms and Conditions:
Any placement of fiber in Seattle City Light Underground Facilities
must comply with all provisions of City Light Policies and Procedures
for Duct/Vault Use.
The following material shall be added to Section IV.H of the General Terms and Conditions:
H. PAYMENT TO FACILITY OWNERS
1. C. For a Portion of the Cost of Duct, Maintenance Hole and Vault
Upgrades and Changes
The Lead Agency shall reimburse Facility Owners for their
respective share of the cost of upgrading Ducts, Maintenance
Hole and Vaults that contain components of the Fiber Optic
Project. In addition to reimbursement for direct costs of labor
and materials incurred in the maintenance of the Fiber Optic
Project, the Facility Owner shall be reimbursed by the Lead
Agency for Indirect Costs.
The following material shall replace section I.B.3 of Exhibit A to the General Terms and
Conditions:
I. B. 3. Underground Facilities, Other than Seattle City Light
a. The appropriate City Department shall have complete
authority over duct assignment to the Lead Agency.
b. The Lead Agency shall install, if not already installed,
inner duct in all Seattle City Department Conduit under
the following conditions:
Any Conduit utilized by the Lead Agency must be filled
with inner duct to the maximum extent feasible, up
to a maximum of four one -inch inner ducts.
I An inner duct must be installed in any Conduit
utilized by the Lead Agency and shall become the
property of that City Department.
iii. The appropriate City Department must approve in
writing both the type and the color of any inner
duct installed by the Lead Agency.
iv. All inner duct that is installed must have pull
strings, unless the inner duct has Fiber Optic
Cable(s) in it.
C. SpIices, loops, coils or fiber termination equipment shall
not be placed in City Underground Facilities or in
Building Vaults unless authorized by the appropriate City
Department. Penetrations of Building Vault walls must
be done in accordance with applicable fire codes and
standard construction practices.
The following material shall be added to Exhibit B to the General Terms and Conditions:
I. C. Fiber Optic Cable Composition
The Lead Agency shall install only readily available Dielectric Cable
within or on underground Facilities. All Fiber Optic Cable to be
installed shall be approved by Seattle City Light prior to installation in
Seattle City Light Facilities. Cable installed without this approval shall
be removed by the Participating Agencies upon request from Seattle City
Light. Optical Ground Wire, self-supporting cable or
messenger -supported cable may be used on Overhead Transmission
Facilities and Overhead Distribution Facilities as mutually determined by
the Participating Agencies and the City.
II. C. Underground Facilities
Seattle City Light shall have complete authority over duct
assignments, racking and placement of cables in maintenance
holes, vaults and handholes. The Lead Agency shall comply
with any such assignments and placement direction. Ownership
of Seattle City Light Underground Facilities containing any Fiber
Optic Project materials shall remain with Seattle City Light.
2. The Lead Agency shall install, if not already installed, inner duct
in. all Seattle City Light conduit in which the Participating
Agencies install Fiber Optic Cable subject to the following
conditions:
Any Conduit utilized by the Lead Agency must be filled
with inner duct to the maximum extent feasible, up to a
maximum of four one -inch inner ducts.
b. An inner duct must be installed in any Conduit utilized by
the Lead Agency,
Seattle City Light must approve in writing both the type
and the color of any inner duct prior to installation by the
Lead Agency.
d. All inner duct that is installed must have pull strings,
unless the inner duct has Fiber Optic Cable(s) in it. All
inner duct installed shall become the property of Seattle
City Light.
Splices, loops, coils or fiber termination equipment shall not be
placed in City Light Department Underground Facilities or in
Building Vaults. Penetrations of Building Vault walls must be
done in accordance with applicable fire codes and standard
construction practices.
V. Backup Facilities
In recognition of the critical nature of the telecommunications services to be
provided via the Fiber Optic Projects being constructed and used under this
Agreement, the Participating Agencies shall attach to each Project Agreement
written backup/alternative communication plans that will be used by the
Participating Agencies in the case of Fiber Optic system failure, relocation
requests or service interruptions or any other reason that- arise from being
co -located with Seattle City Light facilities.
ref_ FinAdmin Ord/Agrmt No. 2 (FSFOIP.GTC)
ADDENDUM 2:
SPECIAL TERMS AND CONDITIONS FOR AGREEMENTS WITH THE
UNITED STATES GOVERNMENT
This Addendum modifies the Terms and Conditions of the Model Agreement for Fiber Sharing
Projects in which the United States Government, by and through the General Services
Administration (hereafter referred to as GSA), is either a Facility Owner, Lead Agency or
Participating Agency. The modifications are necessary due to the special requirements of
federal statutes or federal administrative policies. Unless otherwise noted, these modifications
override the Terms and Conditions of the Model Agreement for Fiber Sharing Projects.
All parties to a fiber project in which GSA is either a Facility Owner, Lead Agency or
Participating Agency shall agree to these modifications in their entirety.
The following paragraph will supplement the provisions of Section II, Relationships
Among Participating Agencies, Paragraph B., Principles:
3. The GSA, as an agency of the United States government, intends to
participate in the fiber optic project to the fullest extent practicable. As
such, if and when additional moneys are necessary, beyond those agreed
to at the start of each project, the United States government intends to
pay such prorated share of these additional expenses, calculated in
accordance with Model II of this agreement. The request for additional
moneys will be presented to the United States government in the form of
a `claim' as described in the attached Federal Acquisition Regulation
(FAR), Clause, 52.233-1, Disputes. The term "Contractor" referred to
in the text of the attached FAR would either be the Facility Owner or the
Lead Agency or both, whichever is applicable.
II. The following paragraph will supplement the provisions of Section II, Relationships
Among Participating Agencies, Paragraph I., Taxes:
The GSA, as an agency of the United States government, is exempt from the
payment of any federal, state or local taxes. As part of any fiber project, the
Facility Owner, Lead Agency or Participating Agencies agree not to assess the
GSA for any federal, state or local taxes.
III. The following paragraph will supplement the provisions of Section II, Relationships
Among Participating Agencies, Paragraph J., Payments:
The GSA, as an agency of the United States government, will make payments -in
accordance with the Prompt Payment Act, Public Law 31 USC 3901, as
amended. Payments for services under this agreement will be made by the
United States Government only in arrears.
IV. The following paragraph will replace the provisions of Section III, Relationships
Among Participating Agencies and the Lead Agency, Paragraph H.,
Indemnification as follows: .
H. Save Harmless
Except as limited below, the Facility Owners and Participating Agencies shall
save harmless the Lead Agency, its officers, employees, and agents from all
claims, actions, liability, and damages of any nature arising out of any act or
omission, except in the event that there has been gross negligence or willful
misconduct by the Lead Agency in connection with this Agreement.
If any claim arises to which this provision may be applicable, the Facility
Owner shall, immediately upon learning of such claim, notify the Lead Agency,
and upon such notice, the Lead Agency shall promptly notify the Participating
Agencies. The Participating Agencies may, at their option, settle or
compromise such claim. In no event shall the Facility Owner or Lead Agency
have the right to pay, settle or otherwise compromise such claim without the
prior written consent of the Participating Agencies, who shall not unreasonably
withhold such consent.
The United States Government cannot indemnify another entity or agency for
any reason (Antideficiency Act, 31 U.S.C. 1341, Adequacy of Appropriations,
41 U.S.C. 11). 'The resolution of any claims against the United States
Government under this Agreement will be done in accordance with the Contract
Disputes Act of 1978, Public Law 41 USC 601-613, as amended.
V. The following paragraph will replace the provisions of Section IV, Relationship With
Facility Owners, Paragraph K., Indemnification as follows:
K. Save Harmless
Except as limited below, the Lead Agency and Participating Agencies shall save
harmless the Facility Owner, its officers, employees, and agents from all
claims, actions, liability, and damages of any nature arising out of any act or
omission, except in the event that there has been gross negligence or willful
misconduct by the Facility Owner in connection with this Agreement.
If any claim arises to which this provision may be applicable, the Facility
Owner shall, immediately upon learning of such claim, notify the Lead Agency,
and upon such notice, the Lead Agency shall promptly notify the Participating
Agencies. The Participating Agencies may, at their option, settle or
compromise such claim. In no event shall the Facility Owner or Lead Agency
have the right to pay, settle or otherwise compromise such claim without the
prior written consent of the Participating Agencies, who shall not unreasonably
withhold such consent.
The United States Government cannot indemnify another entity or agency for
any reason (Antideficiency Act, 31 U.S.C. 1341, Adequacy of Appropriations,
41 U.S.C. 11). The resolution of any claims against the United States
Government under this Agreement will be done in accordance with the Contract
Disputes Act of 1978, Public Law 41 USC 601-613, as amended.
VI. The following paragraph will replace the provisions of Section VI, Additional Terms
and Conditions Applicable to all Fiber Optic Project Agreements, Paragraph D.,
Term:
Fiber Optic Project Agreements shall become effective upon the execution of all
Participating Agencies, and unless terminated in accordance with the provisions
of Article VI. E - Termination, shall continue in effect for a term of ten (10)
years.
One year prior to the expiration of this ten year period, the Participating
Agencies shall in good faith negotiate a new Agreement for a ten (10) year
period. As a starting point for negotiations of an Agreement, the Participating
Agencies will use the Fiber Optic Project Agreement as the framework for
further negotiations. Under the terms of any Agreement, the Participating
Agencies shall continue to make payments to Facility Owners for use of
Facilities and to make other payments specified in the Fiber Optic Project
Agreement,
VII. The following paragraphs will supplement the provisions of Section VI,
Additional Terms and Conditions Applicable to all Fiber Optic Project
Agreements, Paragraph E., Termination:
The GSA, as an agency of the United States government, has the right to
terminate this Agreement, in whole or in part, in accordance with the
attached Federal Acquisition Regulation (FAR), Clause 52.249-6,
Termination (Cost Reimbursement). The term "Contractor" referred to
in the text of the attached FAR would either be the Facility Owner or the
Lead Agency or both, whichever is applicable.
VIII. The following paragraphs will replace the provisions of Section VI, Additional Terms
and Conditions Applicable to all Fiber Optic Project Agreements, Paragraph L.,
Applicable Law and Venue:
All agreements among the Participating Agencies shall be construed and
interpreted in accordance with the laws of the United States of America. The
venue of any action brought hereunder shall be in the United States Federal
District Court.
X The following paragraphs supplements the provisions of Section VT, Additional
Terms and Conditions Applicable to all Fiber Optic Project Agreements,
Paragraph S., Arbitration/Mediation:
Any dispute arising under this Agreement will be subject to the Contract
Disputes Act of 1978, Public Law 41 U.S.C. 601-613. During the pendency of
a dispute, the parties shall not be excused from performance_of this Agreement.
ref: F€nAdmin OrdlAgrrnt No, 2 (FSFo€P.GiC)
01/21/97 TUE 13:.Q,F..a 206 Q 3731 Ul` TELECOM SERVICEc 002
File
Project Agreement
Municipal Building to Seattle Center Fiber Optic Installation
Trus E'ER -AGENCY AGREES is made as of this day of
1996, by and between the following public agencies: THE CITY OF
SE�,TTL,E, a municipal corporation organized and existing under the laws of the State of
Washington, KING COUNTY, UNIVERSITY OF WASHINGTON, SEATTLE
COMMON= COLLEGE DISTRICT VI, an agency of the State of Washington, and
UN UTED STATES GENERAL SERVICES ADMINISTRATION, (hereinafter
"P&-ticipating Agencies").
WITNESSETH:
WEMEAS, the City of Seattle has adopted a resolution encouraging the development of
projects to share the installation of fiber optic systems with other public agencies; and
WIMIE ,S, the Participating Agencies intend to construct telecommunications systems
utilizing fiber optic cable as the transmission medium, and for this purpose may desire to
owapy Facilities owned by the City and other Facility Owners; and
WHEREAS, the Participating Agencies are welling, to the extent they may lawfully do so
and subject to the terms and conditions hereinafter set forth, to share fiber optic
installations; and
WHEREAS, the participating- Agencies recognize the benefits of such an arrangelient and
have, to all Parties' satisfaction, agreed as to the following terms and conditions, s ;aluding
su-fficient consideration;
NOW, TI-IEREFORP, in consideration of the mutual covenants, terms and conditions
herein contained, the parties to this a9 ncnt hercby agree and covenant as follows:
rV
01/9-1/97 TUE 13:10 FAX d 543 0731 1riY TELECOU SERVIC''
Scope:
Project Agreement
Municipsil Building to Seattle Center Fiber Optic Installation
This project is dividers into two major elements baring distittctly different but related scopes of
work- Elca=r 1 of the project is M install a nest+ fbcr apUc cable from the City of Seattle's
Municipal building to the City's Seaul Ceater CGrsterhousc with the routing of the cable passing
through many key govcramcni building of iumrtm This pha.�,c also includes the installation of
riser cables in antnc of these bwldingp. E1r_mcat 2 of the project is to install sc-vaal sho(ter 'l-xr
cables which either complete fiber looks by tieing two or mom Separata fiber prnjo= tagahcr
(i_e., cannrcting the fiber cable described iu Elements l abuvc m the hIFS Ebcr cable) or ambush
spars from the main cable backbone to a sp=Wc paint of inter= (i.c. Part Place Plat buildixtg
for the Federal Gavernment).
It should be noted that Element 2 of this pmjeet is squired in order for marry of the participants
to make use of FjeMrnt 1. %a fact, witlrwu Elensmpt 2, there 18 little to llA justification for
Elan2ent 1 being performed as a joint pmjec-
Prcdca Description:
As detailed in Attachments A (map), B (route diagram), and C (cost asrimate), the following
cables are to be installed:
Element 1
Cable M:
A 120 strand singly mode fiber optic cable touted from the City`s Mwiicipai
Building to the Seattle C411W. This cabk begins its csttrse at the Municipal
building trlerxzmrit=ear;nn8 egypm=t room with all fibers turns cited at this
Iocation. The cable shall then be routed north to the Columbia Tower, Kay
Tower, Fifth Avenue Plain Building, Bank cf California Budding. Seattle
Public i.tbrazy (main branch), CTnigard Building, Cab Medical Center, pugct
Sound Plus S ilding, Rainier Selnsrc, Security Paciifc Tower, Skinner
Building. One union Square Buildings Wuhington Trade and Couv=dou
Certrt, Cortveation Place bus facil!W, forum site of the City's West Police
Pr=ncl, Wender Building, Biaurhard Budding, the City's Emorggxy
OP'-- scions C=MTfFirc Alarm Center (EO AQ via the Battery Shi*
Tuauzel, Broad Strict Substation, aad the Seattle Center Contcrhom. Srlectod
fibers shall be =aaatod at bey locations along this route and the majority of
cable sbail be routed through Seattle City Light underground clettsical duct
Cable N:
A 12 strand rnnW-mode Diu optic rabic routed from the City's Municipal
Building to the City's Main Public Library. This cable shall follow the same
path as Cable M above (for the length of its couzse) and be fully terminated at
each end with selected fibers terminated at the Key Tower.
Cable O:
A 72 strand single mode fiber optic riser cable within the Columbia Tower
M==t2
Cable Q;
A 72 strand single mode fiber optic Gable routed from the City's Seattle renter
Ccn=houso to the Seattle Public School's AdminWration Building via the Vets
Q100J
01/21/97 TGE 13:11 FAX + 543 3731 MY TELECOU SERVICr"
Amex and the KM Tciemion production studios. This cable shall be fully
tUn"atod az =hh and with scl=zd fib =Minafed at KM.
Cable R A 24 strand multi-alode ft.ber optic cabtc ttratod fmm the CiWs ScuItic Center
Centcnccusc to the S=DJc Public SCIMI's Administration Bmading Vitt the Vets
An= and the KCI'S Television production studios. T7ris cable SW follow
the same path as Cable Q abm (far the lcogth Of its wur c) and be fully
=U aEed as each end wiEh selccted fbnrs ► nnuuted at tM vets Annex sad
the KC3-S Telcriafan production studios.
Cable S. R-muting of a catuposite 30 strand single-awdc and S srrand muUi.rn,& flax
ap ie atblc can udy existing bcrw= the ary's Uaioin Suit Substation and
the old City light building ro a'new path bczw= tb4 SubsWica and the old
Federal Btulding,
Cable T: A 48 strand siuglc mode fiber optic cable routed fmm the old Federal Building
to the Exchange banding.
Cable X A 48 stand single ttwdc frbcr optic cable routed from the Sraule public
&hwLs' MmimArdtwll Building to a Mrtrapo4= Fiber Systems EMFS7 table
loaned at N. Matta St and br)ctex Avr N.
Cable Z: A 24 strand single-modr fib= Optic cable routed from the park pl= :.'lazy
building w the One uwan Squm building.
PMjXt Participating Agencies:
day of Settle. Department of Admirdstraum Sem= - Dean Louis Arnold
My of Ste. �y night Department.
epartment -Hub Johnson
King County - Dic1c prtteu
University of Washington - Raymond RUmawud
Startle Community Colleges District VI - John Bailey
Federal Government, Geaeril Saviors Administration - Michael Woody
Possible Ftrmn Participants:
S ffle Public Schmis
King County Library
State of Washington - Department of Information Saviors
State of Washington - Depattemeat of Transportation
Port of Scattlo
lsad Agency:
City of Seatde, Department of Administrative Services
Project Managcr
Dean Louis Arnold
Facility Owners: = See amiciitnc it
[a 004
01/21/97 TUE 13:11 FAX 2- 543 3731 MY TELECO31 SERtiICFc �EJ1005
Project Budget and Contingency and Cost Sharing Methcd:
An estimstm Prof budSa is attached An estimated project payment plan is also attached,
which distributes casts an the following principles:
The project cnenesing and project management costs, the cost of the im=duct and the
Abu strand% both material and installation, art; shared proportionally bawoea all
participating aSencim
The cosy of patch panels and Aber terminations, both materials and labor, are distributed
based oa the umninatiow desired by each party.
Aa Annual Facility Use payment for conduit rental is calculated on a $3.87 per conduit foot
basis per year (basr.d on the arrzcnt rare) and included, as a project cost, Facility Use razes
for City facilities ampcdodically revised by ordinance.
Conuamal ft=cwork and &Chad tennis and conditions:
The Participating Agencies on this project adopt the model Schaal terms and conditions
document for fiber sbxmg Pmjocts u part of this contract_
Exceptions to General Tams and Conditions for Sharing efFba Optic projects:
Special Provisions: The City of Seattle may assign tho Lead ASMq responsibility for a
pmU= Of the projeM with ceuc nmc a of the other participadug
Back-up plans as required In the City of Seank Underground Conduit
Add=dum, Exbrbit B, V„ must be submitted prior to the release of
fiber for A„ entry use.
Special Addenda: City of Saude Underground Conduit
United Seneca GovarnmearParticipation
Bo d.Requiremmt: S1•million
Cl/21/u7 TUE 13:12 F.�l -j 543 3731 MY TELECOu SERVICr'c
IN WITNESS WiFREOF, THE PARTMS H1=T0 EXECUTE THIS Ate,
THE CTIY OF SEATTLE
Title: p1R, /ar AV A a _
Date: SIFT w
UNrYTMrIY OF WAS11INGTON
KING COUNTY
0 006
Title: 9.or•..- 6 z.< f , oz ss.a,, e-1
Date; r3
SEArrLE COMMUNrrY COLLEGE
I7I5TRICI'_ � aii. agaiT=y o� - .
the State of Washington
By.�
U c e Gt4 q- 9" J
Title: 4s p �SaAj N=L1.S9V3 Title: I €1 Q ,-N a c F-
Date. �� Date: %2 i I (o
UNITED STATES GENERAL SERVICES ADMINISTRATION
By: �'t !F' il-Y��-�►
Title:
J
Date:
Approved as to form:
Clark C. Shores
Assistant Attorney General
University of Washington