HomeMy WebLinkAboutUtilities 2010-03-09 COMPLETE AGENDA PACKETTime: 5:00 PM
Item
1. Current Agenda Review
11. Presentation(s)
111. Business Agenda
A. Interlocal Agreement for Sharing of Fiber Optic
Installation Projects
B. Fourth Quarter Report
IV. Old Business
City of Tukwila
Utilities Committee
Kathy Hougardy, Chair
Joe Duffie
Allan Ekberg
AGENDA
Distribution:
K. Hougardy
J. Duffie
A. Ekberg
D. Robertson
Mayor Haggerton
S. Lancaster
K. Matej
D. Speck
C. O'Flaherty
M. Hart
S. Norris
N. Olivas
TUESDAY, MARCH 9, 2010
Place: Conference Room #1
1V.
Future Agendas:
B. Giberson
F. Iriarte
R. Tischmak
P. Brodin
G. Labanara
R. Larson
M. Cusick
P. Lau
M. Mathia
S. Anderson
J. Howat
B. Still
R. Still
A. Forward to 3/22/10 C.O.W.
and the 4/5/10 Regular
B. Information Only
Next Scheduled Meeting: Tuesday, March 23, 2010
Committee Goals:
Study the feasibility and implementation of televised City Council meetings.
Continue to foster relationships within local, regional, and state entities that encourage opportunities for
joint partnership and outreach.
I t> The City of Tukwila strives to accommodate individuals with disabilities.
Please contact the Public Works Department at 206 433 -0179 for assistance.
S. Hunstock
S. Kerslake
M. Miotke
J. Pace
C. Parrish
B. Arthur
File Copy
Single side to Ana
3 Extra Copies
e -mail to B. Saxton, M.
Hart, C. O'Flaherty, K.
Narog, S. Norris and S.
Kirby
Recommended Action I Page
Pg. 1
Pg. 41
ISSUE
BACKGROUND
DISCUSSION
City of Tukwila
DATE: March 9, 2010
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Utilities Committee
FROM: Mary Miotke, IT -444
Bob Giberson, PW Director
SUBJECT: Interlocal Agreement for Sharing of Fiber Optic Installation Projects
Jim Haggerton, Mayor
A resolution allowing the Mayor to sign an Interlocal Agreement is required to authorize the City
of Tukwila to become a participating agency and join in and work together with a consortium of
local agencies on fiber optic projects for the benefit of all the parties.
Several years ago the City of Kirkland, City of Bellevue, Lake Washington School District and
University of Washington formed a consortium to install fiber throughout the school district,
connect the two cities, and begin the process to connect educational institutions to the
University. Through resource sharing and joint funding, the consortium has built an
interconnected fiber network covering the school district, connecting the two cities as well as
Evergreen Hospital and now the Bellevue School District and Bellevue Community College. In
2006, the City of Renton and Renton School District joined the consortium; Valley
Communications and the Cities of Auburn, Puyallup and Federal Way joined in 2009. The
Cities of Pacific and Kent are currently in the joining process along with Tukwila.
The City of Tukwila has been discussing mutual projects with Renton and the other Valley
Communication owner cities to add fiber to the consortium network in an effort to provide a
dedicated fiber connection to Valley Communications to meet our public safety needs. The
University of Washington is desirous of completing a connection to their Tacoma Campus and
between other facilities and educational institutions. Many of the consortium members have an
interest in connecting to high -tech facilities within the City of Tukwila. As a member of the
consortium we will have the ability to work with any of the partner agencies that desire
connectivity through our City. This will allow us to cost share the construction and
implementation costs making the projects significantly more cost effective for the City of
Tukwila.
This Interlocal Agreement forms a foundation for talking with the other agencies. Each
individual project undertaken is contracted as a separate addendum to the general terms and
conditions and is executed by the parties interested in participation. There are no costs
associated with ioinina the fiber consortium' however, several consortium fiber projects are
currently being discussed that are of interest to the City. There will possibly be costs or in -kind
contributions associated with these future projects for, at a minimum, operations and
maintenance of the fiber runs. The City's participation in each project will be determined on an
individual and economic basis as the projects arise and are brought before the consortium for
consideration. As a member of this consortium, the City will have a representative from both the
INFORMATIONAL MEMO
Page 2
IT and Public Works Departments at the table to participate in those discussions to help
determine project scope and details. Participation in future projects would vary in cost and the
Mayor would approve under the $40K threshold if budgeted; otherwise, a project would be
presented to Council for approval or considered for addition to the next budget cycle.
This agreement to join the consortium is Addendum #49 to the General Terms and Conditions
for Sharing of Fiber Optic Installations Projects Interlocal Agreement. Addendums #1 #48
were executed as other agencies joined the consortium or for actual projects entered into by
existing members of the consortium.
RECOMMENDATION
Council is being asked to forward this resolution request to the Committee of the Whole meeting
on March 22, 2010 and the Regular meeting on April 5, 2010, authorizing the Mayor to sign the
General Terms and Conditions for Sharing of Fiber Optic Installations Projects Interlocal
Agreement, Addendum #49, to join the fiber consortium and participate in projects.
ATTACHMENTS
A. General Terms and Conditions for Sharing of Fiber Optic Installations Projects Interlocal
Agreement
B. Addendum #49 to General Terms and Conditions for Sharing of Fiber Optic Installations
Projects Interlocal Agreement
C. Resolution in draft form
C:\ temp\ XPgrpwise \UtilityCommInfoMemo030910.doc
GENERALTERMSandCONDITIONS
Interlocal Agreement
For Sharing of Fiber Optic Installation Projects
TABLE OF CONTENTS
L RECITALS 1
IL PURPOSE OF AGREEMENT 1
HI. DEFINITIONS 2
IV. RELATIONSHIPS AMONG PARTICIPATING AGENCIES 5
A. PRINCIPLES 5
B. TERM 5
C. FIBER OPTIC PROJECT 6
D. GENERAL PLANNING, ENGINEERING AND DESIGN CONSIDERATIONS 6
E. CHANGES 9
F. ALLOCATION AND OWNERSHIP OF FIBER OPTIC CABLE 9
G. USE OF FIBERS 9
H. SALE OF FIBERS 9
I. PARTICIPATING AGENCIES RIGHT OF FIRST REFUSAL 10
J. FUTURE USE OF FIBER OPTIC CABLE ALREADY OWNED BY INDIVIDUAL PUBLIC
AGENCIES 11
K. TAXES 11
L. PAYMENTS 11
V. LEAD AGENCY RESPONSIBILITIES 12
A. GENERAL RESPONSIBILITY OF LEAD AGENCY 12
B. AGREEMENTS, APPROVALS, PERMISSIONS AND PERMITS 12
C. NOTICE OF INSTALLATION AND TESTING 13
D. MAINTENANCE AND REPAIR RESPONSIBILITIES 13
E. FINANCIAL REIMBURSEMENTS AND OTHER PAYMENTS TO BE PROVIDED TO THE
LEAD AGENCY 14
F. LEAD AGENCY'S NONCOMPLIANCE 14
G. AUDIT 14
VI. FACILITY OWNER RIGHTS AND RESPONSIBILITIES 15
A. PRINCIPLES FOR USE OF PARTICIPATING AGENCY FACILITIES 15
B. APPROVALS 15
C. ACKNOWLEDGMENT AND ACCEPTANCE OF RISKS 16
D. ACCESS TO AND USE OF FACILITIES 16
E. BUILDING ENTRANCES 17
Terms and Conditions for Sharing of Fiber Optic Installation Projects March 3, 2010
F. MODIFICATIONS TO FACILITIES 17
G. RELOCATION OF FIBER OPTIC CABLE 18
H. RIGHTS OF PROPERTY 18
I. DEFAULT AND DISPUTE RESOLUTION 19
VIL RELATIONSHIP BETWEEN LEAD AGENCY AND CONTRACTORS 20
A. RESPONSIBILITY 20
B. APPROVALS 20
C. INSURANCE 20
VIIL INDEMNIFICATION AND LIMITATION OF LIABILITY 21
A. LIMITATION OF LIABILITY AND INDEMNITY —LEAD AGENCY 21
B. LIMITATION OF LIABILITY AND INDEMNITY— FACILITY OWNERS 21
C. LIMITATION OF LIABILITY AND INDEMNITY— PARTICIPATING AGENCIES 22
IX ADDITIONAL TERMS AND CONDITIONS 23
A. LAWS, LICENSES, AND PERMITS 23
B. PERFORMANCE 23
C. SUBJECT TO LAWS 24
D. FORCE MAJEURE 24
E. NO WAIVER 25
F. SEVERABILITY 25
G. RIGHTS CUMULATIVE 25
H. CONTRACTUAL RELATIONSHIP 26
I. HEADINGS 26
J. APPLICABLE LAW AND VENUE 26
K. BINDING EFFECTS 26
L. ASSIGNMENT 26
M. NOTICES 26
N. MODIFICATION OR AMENDMENT 27
O. EXECUTED IN COUNTERPARTS 27
P. SUPERCEDES CITY OF KIRKLAND FRANCHISE 27
Exhibit 1
Terms and Conditions for Sharing of Fiber Optic Installation Projects March 3, 2010
I. RECITALS
WHEREAS, the Lake Washington School District plans to construct a fiber optic
network among its schools for the purpose of improving overall learning and
achievement by increasing the availability and diversity of training and
educational material; and
WHEREAS, the City of Kirkland requires a fiber optic network amongst its
facilities to provide services to its constituents, for traffic including but not limited
to: traffic, SCADA systems, economic development, business support, and
WHEREAS, the City of Kirkland and the City of Bellevue desire a direct fiber
connection, to enhance internal governmental cooperation and extend
communications to other local governments, achieve efficiencies through shared
resources, and
WHEREAS, the University of Washington desires a path North to South through
the City of Kirkland, and
WHEREAS, each of the Parties have a portion of what is required to build a fiber
network but do not want to duplicate efforts, and
WHEREAS, the Parties and their respective `citizens' have a vested interest in
supporting and improving educational opportunities, community communications;
and infrastructure, and
WHEREAS, the City of Kirkland, City of Bellevue, and the University of
Washington have conduit plant available that can serve all the Parties; and
WHEREAS, the Lake Washington School District has signed the City of
Kirkland's Franchise Agreement allowing the Lake Washington School District
use of the City of Kirkland's Right of Way.
Therefore the parties agree as below.
II. PURPOSE OF AGREEMENT
This interlocal agreement outlines how the parties will work together on fiber
optic projects for the benefit of all the Parties. This document also outlines the
roles and responsibilities of all the Parties and use of the fiber cables today and
into the future.
Terms and Conditions for Sharing of Fiber Optic Installation Projects
1
III. 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. Agreement
Refers to this document, General Terms and Conditions for sharing fiber optic projects
B. Building Entrance
Conduit or Conduits usually connecting a Vault, Handhole, or Maintenance Hole in the
public right -of -way to a building.
C. Common Fiber Spares
Fiber strands installed as part of a Fiber Optic Project held in reserve solely for replacement
of disabled fibers.
D. Conduit or Duct
Enclosed runway or tube designed to house cables for their protection.
E. Dark Fiber
An optical fiber strand not coupled to an optical light source.
F. Demarcation Point
A point agreed to between the facility owner and lead agency that documents where one
party's responsibilities end and the other begin and is required to be documented, agreed to
and approved in the Fiber Optic Project Agreement.
G. 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.
H. Facility or Facilities
A structure including but not limited to: Buildings, Vaults, Maintenance Holes, Handholes,
Conduit, Building Entrances.
I. 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.
Terms and Conditions for Sharing of Fiber Optic Installation Projects
2
J. Facility Owner
The Participating Agency that is the legal owner of a Facility or Facilities or the
Participating Agency holding the legal right to grant permission to occupy, use or modify
Facilities.
K. 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.
L. Fiber Optic Project
The Work associated with the installation of fiber optic transmission materials, pursuant to
a Fiber Optic Project Agreement.
M. 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.
N. Fiber Strand or Strand of Fiber
A single thin transparent fiber of glass enclosed by a material of a lower index of refraction
that reflects light throughout its length by internal reflections.
O. 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.
P. Lead Agency
The Participating Agency designated by mutual consent in a Fiber Optic Project Agreement
that is responsible for managing Fiber Optic Project related Work, including entering into
construction contracts and overseeing the construction work for the Participating Agencies
and ongoing maintenance of the Fiber Optic Project(s).
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.
R. Participating Agency
A public agency that is a signatory to this Agreement for the purpose of engaging in the
shared Fiber Optic Project(s).
S. Participating Agency Facilities
Those Facilities owned, managed, occupied, by a Participating Agency Department or
Division.
Q.
T. Pathway
Aerial or underground Facilities used for the purpose of placing fiber optic cables, splice
cases, trace wire, etc.
U. Project Budget(s)
Terms and Conditions for Sharing of Fiber Optic Installation Projects
3
A required section of all Fiber Optic Project Agreements which identifies the total
anticipated costs for Work performed as part of that agreement, including contingency, and
allocates responsibility for those costs, including ongoing maintenance, to all parties to that
Fiber Optic Project Agreement.
V. Splice
The point where two separate optical fiber strands are joined together either mechanically or
by fusion to make one continuous optical fiber strand.
W. 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, video, data, pictures, and
facsimile. Telecommunication service(s) does not include Dark Fiber or services other than
transmission services.
X. Work
All activities related to the planning, right -of -way acquisition, scheduling, analysis, design,
engineering, preparation, construction, installation, evaluation, maintenance, repair and
operation of a Fiber Optic Project as provided for in this Agreement or a Fiber Optic Project
Agreement including Make -Ready Work but not including work done prior to the execution
of a Fiber Optic Project Agreement.
Terms and Conditions for Sharing of Fiber Optic Installation Projects
4
IV. RELATIONSHIPS AMONG PARTICIPATING AGENCIES
A. PRINCIPLES
B. TERM
Terms and Conditions for Sharing of Fiber Optic Installation Projects
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. Any special configuration, such as a routing
change to accommodate a particular Participating Agency, should be
paid for in whole by that Participating Agency.
3. If a Facility Owner requires a route change due to the requirements for
optimal Facility access, the costs of such a change shall be considered
general project costs of the affected Participating Agencies and not the
sole responsibility of the Facility Owner as a Participating Agency.
4. Participating Agencies may have varying amounts of financial and other
responsibilities on different projects. One or more Fiber Optic Project
Agreement(s) will define and document those responsibilities. As a
general principle Participating Agencies should share maintenance
proportionately based on each Participating Agency's share of the Fiber
Strands deployed or as described in the Fiber Project Agreement(s).
5. Participating Agencies may, from time to time, act variously and
simultaneously as Lead Agencies and/or Facility Owners.
6. The Lead Agency for a specific Fiber Optic Project may be changed with
the mutual consent of all Participating Agencies that are party to that
specific Fiber Optic Project.
This Agreement shall become effective upon the execution of all
Participating Agencies, and unless terminated sooner in accordance with the
provisions of this Agreement shall continue for a period of ten (10) years,
and automatically renew for an additional ten (10) years upon the agreement
of the parties.
5
C. FIBER OPTIC PROJECT
Each Fiber Optic Project Agreement shall be an attachment to and run
concurrent with this Agreement, General Terms and Conditions For Sharing
of Fiber Optic Installation Projects Interlocal Agreement.
D. GENERAL PLANNING, ENGINEERING AND DESIGN
CONSIDERATIONS
Terms and Conditions for Sharing of Fiber Optic Installation Projects
As a starting point for negotiations of a renewal Agreement, the
Participating Agencies will use this Agreement as the framework for further
negotiations. Under the terms of any renewal agreement, the Participating
Agencies shall continue to make payments as specified in any applicable
Fiber Optic Project Agreement(s).
All Fiber Optic 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
Fiber Allocation including Spares.
Maintenance Responsibilities and Costs, including Ongoing
Maintenance and Responsibilities for Moves.
Points of Demarcation
Upon execution of a Fiber Optic Project Agreement, the Participating
Agencies shall develop, review and/or revise the 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:
1. Perform Feasibility Review
A Participating Agency with an interest in a shared Fiber Optic
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Terms and Conditions for Sharing of Fiber Optic Installation Projects
Project will undertake a feasibility review to determine which of the
Participating Agencies has an interest in participating 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 Fiber Optic Project Agreement must ensure that approval by the
appropriate authority is granted for Facilities to be used and shall
specify the information listed in Section IV.C.
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 (see definitions above) 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
reasonable requirements of the Facility Owner.
Facility Owner staff shall be authorized to stop Work on an
installation that is being conducted by the Lead Agency and its
contractors on the Fiber Optic Project if Facility Owner or
Participating Agency reasonably determines that the Work in
question is inadequate, unsafe or would or could potentially cause a
problem.
5. 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, final test documentation has
been received, and all punch -list items have been resolved to the
satisfaction of the Lead Agency and Facility Owner(s). Such
acceptance shall authorize final payment(s) to contractor(s). The
Lead Agency shall also document and identify ownership of Fiber
Strands, providing a copy of such documentation to all Participating
7
Agencies.
6. Establish Maintenance Plan
Terms and Conditions for Sharing of Fiber Optic Installation Projects
The Lead Agency shall develop a maintenance plan for the Fiber
Optic Project, and upon acceptance of the maintenance plan by the
Participating Agencies, the Participating Agencies will, by mutual
consent, appoint a maintenance manager, usually the Lead Agency.
7. Keep Records
The Lead Agency shall provide Participating Agencies and/or
Facility Owners with whatever documents are required 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 required by the Facility Manager.
Such costs, however, shall be included as part of the Project Budget
(see definitions above).
8. Provide Access to Records
All Participating Agencies shall provide access to relevant 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
Participating Agencies 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. The records to which the Participating Agencies
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.
8
E. CHANGES
Participating Agencies shall have the right to propose changes to the Fiber
Optic Project Agreement which must first 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 proposed 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. However, if a
Facility Owner requires a route relocation due to the requirements for
optimal 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 that are approved by the
Participating Agencies because they are deemed necessary to complete the
Fiber Optic Project shall become part of the total project cost.
F. ALLOCATION AND OWNERSHIP OF FIBER OPTIC CABLE
All Fiber Optic Cable and Fiber Strands installed as part of a Fiber Optic
Project shall be allocated to the individual Participating Agencies as
specified in the Fiber Optic Project Agreement. The Participating Agencies
shall own all right and title to these allocated Fiber Strands.
G. USE OF FIBERS
A Participating Agency shall have complete free and unrestricted use of the
Fiber Strands installed and allocated to it under a Fiber Optic Project
Agreement for any lawful purpose subject to applicable agreements,
approvals, permission and permits.
Common Fiber Spares, if provided for in a Fiber Optic Project Agreement,
shall be shared in common among the Participating Agencies only.
Identified Common Fiber Spares shall be used only as replacements for
disabled Fibers Strands unless documented and agreed to in a Fiber Optic
Project Document. Use of spare fibers shall be implemented by the Lead
Agency, with notification to all Participating Agencies.
H. SALE OF FIBERS
Terms and Conditions for Sharing of Fiber Optic Installation Projects
Participating Agencies who wish to sell or otherwise transfer their allocated
fibers to any other party must obtain written and unanimous approval from
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I. PARTICIPATING AGENCIES RIGHT OF FIRST REFUSAL
Terms and Conditions for Sharing of Fiber Optic Installation Projects
all Participating Agencies, whom are also granted right of first refusal
regardless of circumstances of the sale.
Before any allocated fibers held by a Participating Agency may be sold or
otherwise transferred (including transfer by gift or operation of law), the
other Participating Agencies, either individually or collectively, shall have a
right of first refusal to purchase the Shares on the terms and conditions set
forth in this section.
(a) Notice of Proposed Transfer. The selling Participating Agency shall
deliver to all Participating Agencies a written notice stating: (i) the bona fide
intention to sell or otherwise transfer such allocated fibers; (ii) the name of
each proposed purchaser or other transferee; (iii) the number of fibers to be
transferred to each proposed transferee; (iv) the bona fide cash price or other
consideration for which the selling Participating Agency proposes to transfer
the allocated fibers and the material terms and conditions of the proposed
transfer (the "Offered Terms and (b) offer the allocated fibers at the
Offered Terms to the other Participating Agencies.
(b) Exercise of Right of First Refusal. At any time within 60 days after
receipt of the notice, the other Participating Agencies, either individually or
collectively, may, by giving written notice to the selling Participating
Agency, elect to purchase all, but not less than all, of the allocated fibers
proposed to be transferred to any one or more of the proposed transferees, at
the purchase price and on the terms determined in accordance with
subsection (c) below.
(c) Purchase Price. The purchase of the allocated fibers by the other
Participating Agencies, either individually or collectively, under this section
shall be identical in all material respects to the Offered Terms.
(d) Payment. Payment of the purchase price shall be made in accordance
with the Offered Terms, within ninety (90) days after delivery of the written
notice by the other Participating Agencies, either individually or collectively,
as set forth in (b) above.
(e) Right to Transfer. If all allocated fibers proposed in the notice to be
transferred to a given proposed transferee are not purchased by the other
Participating Agencies, either individually or collectively, the Participating
Agency may sell or otherwise transfer such allocated fibers to that proposed
transferee, provided that such sale or other transfer is consummated within
10
J. 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.
K. TAXES
Terms and Conditions for Sharing of Fiber Optic Installation Projects
sixty (60) days after the date of the notice and provided further that any such
sale or other transfer is affected in accordance with Offered Terms as
presented to the other Participating Agencies. If the allocated fibers
described in the notice are not transferred to the proposed transferee within
such period, a new notice shall be required and the other Participating
Agencies, either individually or collectively, shall again be offered the Right
of First Refusal before any allocated fibers held by the may be sold or
otherwise transferred.
(f) Any entity purchasing the right to use 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.
Participating Agencies may grant the right to use their fiber allocation to any
other party provided the sale or lease is approved by a majority of the other
Participating Agencies. Such approval shall not be reasonably withheld.
The Participating Agencies shall pay, before delinquency, all applicable
taxes, levies, and assessments arising from their joint installations and
undertakings under a Fiber Optic Project Agreement
L. PAYMENTS
Participating Agencies shall pay all amounts owed to the Lead Agency
within forty-five (45) days of receipt of the billing. If a Participating Agency
cannot or does not make payment for charges owed or if there is a dispute as
to amounts owed such dispute shall be resolved through the process
identified in this Agreement.
If the Participating Agency fails to make payment as required, then its
11
A. GENERAL RESPONSIBILITY OF LEAD AGENCY
allocated Fiber Strands shall become the property of the other Participating
Agencies and those Participating Agencies may either reallocate the Fiber
Strands amongst themselves or sell the Fiber Strands pursuant to the
provision of Section III. H and Section III. I above.
V. LEAD AGENCY RESPONSIBILITIES
Terms and Conditions for Sharing of Fiber Optic Installation Projects
The Lead Agency shall be responsible for the overall management of the
Work necessary for the successful completion of the Fiber Optic Project, as
the agent of the Participating Agencies in the Fiber Optic Project, pursuant
to the terms and condition of the applicable Fiber Optic Project Agreement.
The Lead Agency shall have the authority and be responsible for negotiating
and entering into such separate contract agreements as are necessary with
Facility Owners for the specific use of their Facilities in furtherance of the
Fiber Optic Project. The Lead Agency will also have the authority to enter
into and manage such separate contract agreements with contractors as are
necessary to perform all or part of the Work associated with the Fiber Optic
Project.
The Lead Agency is responsible for ensuring that all applicable terms and
conditions of the Fiber Optic Project Agreement(s), General Terms and
Conditions, exhibits and addenda are included in the contract agreements
with Facility Owners and contractors.
Prior to execution of any contract agreements with Facility Owners or
contractors, the Lead Agency shall provide an 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. AGREEMENTS, APPROVALS, PERMISSIONS AND PERMITS
The Lead Agency shall be responsible for obtaining all necessary
agreements, approvals, permissions and permits and any other documents
required or necessary for the successful completion of the Fiber Optic
12
Project and to keep them in place and current.
C. NOTICE OF INSTALLATION AND TESTING
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 have been completed.
D. MAINTENANCE AND REPAIR RESPONSIBILITIES
1. Maintenance and Repair of Fiber Optic Cable, Fiber Strands, and
Pathway
Maintenance of the Fiber Optic Cable and Fiber Strands within Fiber
Optic Cable installed pursuant to a Fiber Optic Project Agreement
shall be the responsibility of the Lead Agency as agent for the
Participating Agencies up to the Demarcation Point. Lead Agency
maintenance responsibility shall continue 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 on the Lead Agency side of the Demarcation Point,
the Lead Agency, at the Participating Agencies' request, will make a
reasonable effort to complete repairs of the Fiber Optic Cable as
soon as practicably possible provided that all necessary permissions
to effect the repairs has been obtained from the Facility Owner(s).
Restoration of telecommunications, traffic control, and public safety
services shall be given the highest priority in the event that any of
these services and the Participating Agencies' telecommunications
services are interrupted at the same time, unless otherwise agreed to
by the Participating Agencies at the time of restoration. In the event
of an outage, the Participating Agencies shall promptly work to
restore the functionality of the Fiber Optic Cable as soon as
reasonably possible and practical after restoration of any other
necessary services. The Participating Agencies 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.
2. Maintenance and Repair Expenses
Terms and Conditions for Sharing of Fiber Optic Installation Projects
13
E. FINANCIAL REIMBURSEMENTS AND OTHER PAYMENTS TO BE
PROVIDED TO THE LEAD AGENCY
G. AUDIT
Terms and Conditions for Sharing of Fiber Optic Installation Projects
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 thereof on a basis proportional to the
ownership of Fibers Strands allocated to each Participating Agency
or by such other method as may be specified in the applicable Fiber
Optic Project Agreement(s). The designated maintenance manager
shall review ongoing maintenance expenses with Participating
Agencies as reasonably requested, but at least on an annual basis.
The Lead Agency shall contract with a vendor capable of making
any necessary repairs. The contract shall provide for around the
clock service, defined response times and supply guarantees.
All reasonable and necessary costs and expenses incurred by the Lead
Agency in performance of any Work to successfully complete a Fiber Optic
Project 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 forty-five (45) days of receipt of the
Lead Agency's statement of charges.
F. LEAD AGENCY'S NONCOMPLIANCE
The Lead Agency shall make its best good faith effort to adhere to the terms,
condition and requirements of the Work as provided in the Fiber Optic
Project Agreement, and the required record keeping as provided in this
Agreement. Absent negligence or other misconduct on the part of the Lead
Agency, any additional Work necessary to conform the Work to
requirements of the Fiber Optic Project Agreement will be a general project
cost allocated to the Participating Agencies. Where there has been
negligence or other misconduct on the part of the Lead Agency and
additional Work is necessary to conform the Work to requirements of the
Fiber Optic Project Agreement shall be at the expense of the Lead Agency.
14
Terms and Conditions for Sharing of Fiber Optic Installation Projects
The Lead Agency shall permit Participating Agencies or designated agent(s)
thereof from time to time (including up to five years after the expiration or
termination of a Fiber Optic Project Agreement), to inspect and audit all
pertinent books and records of the Lead Agency, the subcontractors or any
other person or entity in connection with or related to the Fiber Optic Project
with respect to the services provided, costs thereof, and the compensation
paid therefore. Such audit shall occur at such reasonable times and at such
reasonable location(s) as mutually agreed to by the Participating Agencies
and the Lead Agency.
VI. FACILITY OWNER RIGHTS AND RESPONSIBILITIES
A. PRINCIPLES FOR USE OF PARTICIPATING AGENCY FACILITIES
1. Use of and Facilities owned by a Participating Agency shall comply
with all requirements of the Participating Agency that owns them.
Use of a Facility shall be designed and constructed so as to
maximize the reasonable additional future use of such Facility. The
general project costs shall include all fees and charges for the use of
the Facility.
2. This Agreement shall not be construed to authorize any Participating
Agency to make use of any other Participating Agency's Facilities
unless such use is specifically authorized by the Participating
Agency in its capacity as a Facility Owner.
3. 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 Owner(s), such approval not to be
unreasonably withheld. In all agreements with contractors, the Facility
Owner(s) may require the Lead Agency to specify that the contractors attend
one or more pre construction meetings with the appropriate Participating
Agencies and Facility Owners to review installation requirements for the
Work and any restrictions or other requirements that must be adhered to,
prior to any Work being performed in or on Facilities. The contractor
agreement shall state that the Facility Owner or the Participating Agency has
15
authority to stop inadequate or unsafe Work or require that inadequate or
unsafe Work be corrected, as provided by this Agreement.
C. ACKNOWLEDGMENT AND ACCEPTANCE OF RISKS
1. Risk of Co- location
Terms and Conditions for Sharing of Fiber Optic Installation Projects
In choosing to co- locate any components of a Fiber Optic Project in
any Facilities, the Participating Agencies acknowledge and accept all
risks that are associated with having components of the Fiber Optic
Project co- located with in any such Facility.
2. Easements
Participating Agencies acknowledge that existing easements may not
be sufficient and are not warranted to be available for the purpose of
this Agreement and/or any Fiber Optic Project Agreement.
Additional easements may be required.
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, including all agreements, approvals, permissions,
and permits required. Such Access shall be subject to Facility availability as
reasonably determined by the Facility Manager, and any and all reasonable
conditions specified by the Facility Owner.
1. 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 Facility Manager or designee in writing (facsimile or
email acceptable), and shall be subject to the restrictions and
conditions in this Agreement.
16
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. Buildings
If the Lead Agency desires to utilize space in any 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.
E. BUILDING ENTRANCES
F. MODIFICATIONS TO FACILITIES
Terms and Conditions for Sharing of Fiber Optic Installation Projects
In the event that an existing Building Entrance that is owned or controlled
by one of the Participating Agencies is not usable or is inadequate, unsafe or
would or could potentially cause a problem for either entering a building or
for providing access to the location in a building where the Participating
Agencies have installed Fiber Optic Project components, then the Lead
Agency will have the responsibility for making alternative arrangements for
Building Entrance with the Facility Owner.
The expense associated with any required alternative Building Entrance
because the Existing Building Entrance is not usable or is inadequate, unsafe
or would or could potentially cause a problem for either entering a building
or for providing access to the location in a building where the Participating
Agencies have installed Fiber Optic Project components shall be borne by
the Participating Agencies utilizing the building as a general project cost.
At the Lead Agency's request, the Facility Owner shall make reasonable and
necessary modifications to any existing Facilities or the Building Entrance to
facilitate building access for the Fiber Optic Project. Any requests by the
Lead Agency for such modifications shall be made to the Facility Owner
and /or Manager. Costs for such modifications shall be paid as allocated in
the Fiber Optic Project Agreement.
The design and construction of any required modifications to any Facility or
17
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 within or on Facilities is designed
and constructed so 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 within or on Facilities or to place cable within or on
alternative Facilities.
2. Notice
2. Relocation
H. RIGHTS OF PROPERTY
Terms and Conditions for Sharing of Fiber Optic Installation Projects
Building Entrance shall be subject to the review and approval by the Facility
Owner and Participating Agencies. Any unauthorized modifications must
be corrected at the expense of the Lead Agency.
1. All relocations of Fiber Optic Cable, regardless of reason, will be
managed by the Lead Agency. All relocations will be managed as a
part of and under the terms and conditions of existing Fiber Optic
Project Agreement that controlled the original construction and
installation.
Except for emergency situations, the Facility Owner will give the
Lead Agency at least ninety (90) days notice of the need to relocate
any components of the Fiber Optic Project located within or on
Facilities.
When relocation is required, the Facility Owner shall, when possible,
provide substitute Facilities within or on which the Participating
Agencies may relocate the components of the Fiber Optic Project.
Nothing in the General Terms and Conditions, Exhibits and/or Addenda
shall be construed to convey to the Participating Agencies any property
rights in existing Facilities of a Facility Owner. Nothing in the General
Terms and Conditions, Exhibits and /or Addenda shall be construed to
18
I. DEFAULT AND DISPUTE RESOLUTION
Terms and Conditions for Sharing of Fiber Optic Installation Projects
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. Any property rights in Facilities created or constructed as
part of a Fiber Optic Project Agreement will be allocated per the Fiber Optic
Project Agreement.
The Participating Agencies desire, if possible, to resolve disputes,
controversies and claims "Disputes arising out of this Agreement or any
Fiber Optic Project Agreement without litigation.
To that end, if any Participating Agency believes that another Participating
Agency, whether as a Participating Agency, Facility Owner, or Lead
Agency, has failed to perform any obligation under this Agreement or any
Fiber Optic Project Agreement or has performed such obligation in a manner
inconsistent with this Agreement or any Fiber Optic Project Agreement,
then the Participating Agency shall provide written notice to all Participating
Agencies, stating with reasonable specificity the nature of the Dispute.
Thereafter, each Participating Agency shall appoint a knowledgeable,
responsible management representative to meet within thirty (30) days of the
date of the written notice and negotiate in good faith to resolve any
Dispute. The Participating Agencies intend that these negotiations be
conducted by non lawyer, business representatives. The discussions shall be
left to the discretion of the representatives.
The Participating Agencies agree that the discussions and correspondence
among the representatives for purposes of these negotiations shall be treated
as confidential information developed for purposes of settlement, shall be
exempt from discovery and production, and shall not be admissible in any
action or proceeding arising under or concerning this Agreement or any
Fiber Optic Project Agreement, without the concurrence of all parties.
Documents identified in or provided with such communications, which are
not prepared for purposes of the negotiations, are not so exempted and may,
if otherwise admissible, be admitted in evidence in any such action or
proceeding.
If the negotiations between the Participating Agencies do not resolve the
Dispute within sixty (60) days of the initial written request, the Dispute shall
be submitted to non binding mediation with a mediator chosen by mutual
19
Terms and Conditions for Sharing of Fiber Optic Installation Projects
agreement of the parties or, in the absence of such agreement, with Judicial
Dispute Resolution, LLC.
Each Participating Agency shall bear its own cost of these Dispute resolution
procedures. The Participating Agencies that are party to the mediation shall
equally share the fees of the mediation and the mediator.
Nothing in this paragraph precludes any Participating Agency from seeking
relief from King County Superior Court should mediation efforts be
unsuccessful.
VII. 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 Facility Owner(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. 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
20
filed with the Lead Agency, acceptable evidence of a policy or policies of
insurance as enumerated in the applicable Fiber Optic Project Agreement.
VIII. INDEMNIFICATION AND LIMITATION OF LIABILITY
A. LIMITATION OF LIABILITY AND INDEMNITY —LEAD AGENCY
Terms and Conditions for Sharing of Fiber Optic Installation Projects
The Lead Agency, when acting in that capacity, 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 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.
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.
B. LIMITATION OF LIABILITY AND INDEMNITY FACILITY OWNERS
Facility Owners, when acting in that capacity, 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
21
gross negligence or willful misconduct of the Facility Owner. 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 of 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.
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 INTER-
RUPTION OF SERVICE OR DAMAGE TO ANY FIBER OPTIC CABLE
OR ASSOCIATED EQUIPMENT.
C. LIMITATION OF LIABILITY AND INDEMNITY PARTICIPATING AGENCIES
Terms and Conditions for Sharing of Fiber Optic Installation Projects
A Participating Agency, when acting in that capacity, shall not be liable, in
law or in equity, to the Lead Agency, the Facility Owners or any other
Participating Agency, 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 that Participating Agency. The Lead Agency, the Facility
Owner and the other Participating Agencies shall indemnify and save
harmless a Participating Agency and 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 that Participating 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
22
Terms and Conditions for Sharing of Fiber Optic Installation Projects
compromise such claim without the prior written consent of the Participating
Agencies who shall not unreasonably withhold such consent.
A PARTICIPATING AGENCY SHALL NOT BE LIABLE TO THE LEAD
AGENCY, THE FACILITY OWNER, OR OTHER 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.
IX. ADDITIONAL TERMS AND CONDITIONS
A. LAWS, LICENSES, AND PERMITS
1. General Requirement
All Work done under this Agreement or any 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
B. PERFORMANCE
The Participating Agencies 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).
Each Participating Agency will perform all of its obligations under this
Agreement or any 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.
23
C. SUBJECT TO LAWS
This Agreement and any 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 this Agreement or any 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. In addition, if at any time
during the term of this Agreement or any Fiber Optic Project Agreement, the
action of a governmental agency requires modification of any terms and
conditions 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 and accounting of any
increased costs or liabilities incurred by any Participating Agency 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.
The Participating Agencies, in their capacity as 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 this Agreement or by any Fiber Optic Project
Agreement.
D. FORCE MAJEURE
Terms and Conditions for Sharing of Fiber Optic Installation Projects
Any Participating Agency may suspend performance under this Agreement
or any Fiber Optic Project Agreement and such non performance will be
excused 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. Upon removal or termination of the
force majeure event, the Participating Agency claiming force majeure shall
promptly perform the affected obligations in an orderly and expedited
manner or procure a substitute for such obligation. The Participating
Agencies shall use all reasonable efforts to eliminate or minimize any delay
caused by a force majeure event.
24
E. 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 any one more Participating Agencies 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 by any one or more particular Participating Agencies, nor
shall such action or inaction by any one or more Participating Agencies be
constructed as to bind or prejudice any other Participating Agency
F. 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, a
replacement section, sentence, clause, or phrase which is legal and most
closely represents the original intent of the Participating Agencies.
G. RIGHTS CUMULATIVE
Terms and Conditions for Sharing of Fiber Optic Installation Projects
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.
25
H. CONTRACTUAL RELATIONSHIP
I. HEADINGS
J. APPLICABLE LAW AND VENUE
K. BINDING EFFECTS
L. ASSIGNMENT
M. NOTICES
Terms and Conditions for Sharing of Fiber Optic Installation Projects
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.
The titles of sections are for convenience only and do not define or limit the
contents.
This Agreement and any Fiber Optic Project 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.
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.
No Participating Agency or Lead Agency shall assign its rights or assign its
duties under this Agreement or any Fiber Optic Project Agreement without
the prior written consent of the other Participating Agencies, which consent
shall not be unreasonably withheld.
All notices and other materials to be delivered hereunder, shall be in writing
and shall be delivered or mailed to addresses as identified in Exhibit A to
this Agreement and in any Fiber Optic Project Agreement.
26
N. 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 this Agreement and the Fiber Optic Project
Agreement. The Participating Agencies expressly reserve the right to
modify any agreement, from time to time, by mutual agreement.
O. EXECUTED IN COUNTERPARTS
Terms and Conditions for Sharing of Fiber Optic Installation Projects
This Agreement may be executed in any number of counterparts, each of
which shall be an original, but all of which together shall constitute but
one instrument.
P. SUPERCEDES CITY OF KIRKLAND FRANCHISE
This Agreement and any Fiber Optic Project Agreements supersedes the
Franchise granted to the Lake Washington School District for purposes of its
fiber optic cable to the extent it contains terms and conditions which change,
modify, delete, add to, supplement or otherwise amend the terms and
conditions of the Franchise.
27
IN WITNESS WHEREOF, the parties hereto have executed these General Terms and Conditions
for Sharing of Fiber Optic Installation Projects on the respective dates indicated below.
David Ramsay Date City Attorney
City Manager, City of Kirkland
Approved as to Form:
Steve Sarkozy Date City Attorney
City Manager, City of Bellevue
Weldon Ihrig
Executive Vice President
University of Washington
Date
Robert Collard Date
Assistant Superintendent Business Services
Lake Washington School District
Terms and Conditions for Sharing of Fiber Optic Installation Projects
28
Approved as to Form:
Exhibit A
Participating Agencies, Approvals, and Contacts
Notices under the Agreement shall be as follows:
To the City of Kirkland:
Donna Gaw
Network and Operations Division Manager
City of Kirkland
123 5 Avenue
Kirkland, WA
98033
deawnn,ci.kirkland.wa.us
425 828 2227
To the Lake Washington School District:
MIS MANAGER
PO Box 97039
Redmond, WA
98073 -9739
To the City of Bellevue:
Gary Clesson
City of Bellevue
Senior Technology Architect
301 116th Ave SE
Suite 450
Bellevue, WA 98004
To the University of Washington:
Weldon Ihrig
Executive Vice President
Office of the Executive Vice President
University of Washington
306 Gerberding Hall
Box 351235
Seattle, WA 98195
Any Party may change the person(s) to be notified or the address for the notification by giving
written notice of the change, in writing, to the persons then designated to receive routine notices.
ADDENDUM #49
GENERAL TERMS and CONDITIONS
For Sharing of Fiber Optic Installation Projects
WHEREAS, the City of Bellevue, the City of Kirkland, the City of Renton, the City of
Seattle, the City of Auburn, the City of Federal Way, the City of Puyallup, the Lake Washington
School District, the Renton School District, the Bellevue School District, the University of
Washington, Bellevue College, Valley Communications Center, and Evergreen Hospital, (the
"Participating Agencies have entered into the General Terms and Conditions for Sharing of
Fiber Optic Installation Projects, and;
WHEREAS, the City of Tukwila desires to participate in the planned and future Fiber
Optic Projects but cannot because it is not a Participating Agency subject to the General Terms
and Conditions for Sharing of Fiber Optic Installation Projects, and;
WHEREAS, the current Participating Agencies desire to amend the General Terms and
Conditions for Sharing of Fiber Optic Installation Projects to add the City of Tukwila as a
Participating Agency for participation in the planned and future Fiber Optic Projects;
NOW THEREFORE, the parties hereby agree as follows:
1) All terms in this Addendum shall have the same meaning as the defined terms in
the General Terms and Conditions for Sharing of Fiber Optic Installation Projects.
2) The City of Tukwila hereby acknowledges that it has read, understands and
accepts the General Terms and Conditions for Sharing of Fiber Optic Installation Projects,
hereby incorporated by reference as if fully set forth, and agrees to be bound by them.
3) As provided in Section IX, paragraph N, the current Participating Agencies
hereby amend the General Terms and Conditions for Sharing of Fiber Optic Installation Projects
to add the City of Tukwila as a Participating Agency, and the City of Tukwila, by executing this
agreement, consents to becoming a Participating Agency.
IN WITNESS WHEREOF, the parties hereto have executed this Addendum to the
General Terms and Conditions for Sharing of Fiber Optic Installation Projects on the respective
dates indicated below.
Approved as to Form:
David Ramsay Date City Attorney
City Manager, City of Kirkland
Approved as to Form:
Steve Sarkozy Date City Attorney
City Manager, City of Bellevue
1
Weldon Ihrig
Executive Vice President
University of Washington
Barbara Posthumus
Coordinator Business Services
Lake Washington School District
Tom Martin
Chief Information Officer
Evergreen Hospital
Denis Law
Mayor, City of Renton
Stanley Morency
Director of Information Services
Renton School District 403
Date
Date
Date
Jack McLeod Date
Director, Facilities and Information Services
Bellevue School District
Date City Attorney
Date
B. Jean Floten Date Assistant Attorney General
President
Bellevue College
2
Approved as to Form:
Approved as to form:
William M. Schrier
Chief Technology Officer
City of Seattle
Pete Lewis
Mayor, City of Auburn
Jack Dovey
Mayor, City of Federal Way
Suzette Cooke
Chair, Administrative Board
Valley Communications Center
Date
Date City Attorney
Date City Attorney
Date
Jim Haggerton Date City Attorney
Mayor, City of Tukwila
Approved as to Form:
Kathy Turner Date City Attorney
Mayor, City of Puyallup
Approved as to Form:
Approved as to Form:
Approved as to Form:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AUTHORIZING THE MAYOR TO ENTER INTO AN
INTERLOCAL AGREEMENT TO JOIN AND PARTICIPATE IN PROJECTS
WITH THE MEMBERS OF THE FIBER OPTIC CONSORTIUM.
WHEREAS, in 2003, the City of Kirkland, the City of Bellevue, the Lake
Washington School District and the University of Washington formed a consortium to
install fiber optic infrastructure throughout the school district, connect the two cities,
and begin the process of connecting satellite campuses and other educational
institutions to the University; and
WHEREAS, the City of Renton and the Renton School District joined the
consortium in 2006, and Valley Communications and the Cities of Auburn, Puyallup
and Federal Way joined in 2009; and
WHEREAS, many of the consortium members have potential interest in connecting
to other government agencies, educational institutions and technology -based businesses
within the City of Tukwila, and as a member of the consortium, the City of Tukwila will
have the ability to connect to other partner agencies and work with any of the partner
agencies that desire connectivity through our City; and
WHEREAS, the Tukwila City Council believes it is in the best interest of the City of
Tukwila to join in the planning of consortium projects and that participation in the
consortium will help shape the future of the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The Mayor is authorized to enter into an Interlocal Agreement for
sharing fiber optic installation projects with the members of the consortium.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Council Meeting thereof this day of 2010.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Dennis Robertson, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Attachment: Addendum 49 for Sharing Fiber Optic Installation Products
W:\ Word Processing Resolutions \Fiber Optic Consortium.doc
MM:MH:ksn 03/03/2010
Page 1 of 1
CITY COUNCIL
City of Tukwila
BUDGET PROGRAM GOALS:
FOURTH QUARTER REPORT TO COUNCIL
October 1 December 31, 2009
Prepared for Utilities Committee
Jim Haggerton, Mayor
1. Seek out opportunities for Councilmembers to further their knowledge, experience and awareness of
the different cultures represented within the Tukwila community: Assigned to Community Affairs
Parks Committee for implementation and /or follow -up. No activity to report during fourth quarter.
2. Support proarams and services that provide a sense of stability. community and unity throughout
Tukwila's residential neiahborhoods: Assigned to Community Affairs Parks Committee for
implementation and /or follow -up. Councilmembers continue to sponsor a monthly Coffee Chat in the
Tukwila community.
3. Work together in cooperation with nearby cities to address common problems in the Hiahwav 99
corridor and Military Road: Assigned to Finance Safety Committee for implementation and /or
follow -up. Mayors from Tukwila and SeaTac have been communicating regarding the possibility of a
joint meeting between the two city councils. Due to an increased workload, Tukwila City Council was
not able to commit to a specific meeting date during fourth quarter.
4. Provide leaislative support and encouraaement to Tukwila residents livina in rental communities
through proarams that hold owners and /or property managers accountable for providing safe places
to live throuah the implementation of a rental licensing program: Assigned to Community Affairs
Parks Committee for implementation and /or follow -up. Tukwila Councilmembers actively opposed HB
1296/SB 5495 which provided for limitations on rental housing inspections. Relative legislation was
deferred this legislative session. Department of Community Development staff continues to move
forward with developing a rental housing licensing program for Tukwila.
5. Approve and implement standard operatina procedures for the Council. Review and update
procedures on a reaular basis: Not currently assigned to a specific committee. Current workload
assignments prevented the Legislative Analyst from further research and preparation of draft
materials relative to Council standard operating procedures.
6. Support the implementation of City endorsed programs (i.e. Walk Roll Plan, Fire Master Plan, Parks
Recreation Open Space Plan) throuah policy related decisions not associated with direct oroaram
funding: Assigned to Community Affairs Parks Committee for implementation and /or follow -up. No
activity to report during fourth quarter.
7. Ensure a commitment to continued human services funding in relation to the cost of living throuah
consistent review of reaional. state and federal budaets affectina human services programs and
services: Assigned to Community Affairs Parks and Finance Safety Committees for
implementation and /or follow -up. This item will be scheduled for Committee review as budget reviews
deem appropriate.
8. Study the feasibility and implementation of televised City Council meetings: Assigned to Utilities
Committee for implementation and /or follow -up. Information Technology staff has conducted
preliminary research on this topic, but discussion has been delayed due to staff workload, per City
Administrator.
2009 Fourth Quarter Report
Prepared for Utilities Committee
Page 2
9. Continue to foster relationships within local. reaional and state entities that encouraae opportunities
for ioint partnership and outreach: Assigned to Utilities Committee for implementation and /or follow
up. Councilmembers serve as representatives and alternates on local, regional and state boards,
committees and commissions including but not limited to: SCATBd, SKEDI, WRIA 9, AHAB,
Suburban Cities Association, Association of Washington Cities, Highline Forum and Cascade Water
Alliance.
10. Formulate an Adopt -a- Neighborhood program that will provide Councilmembers the opportunity to
become more familiar with the chanaina faces of communities and neiahborhoods throuahout the
City: Assigned to Community Affairs Parks Committee for implementation and /or follow -up. This
item was not scheduled for Committee review during the fourth quarter.
11. Research the viability of sponsorina a City -wide Citizens' Academy: Assigned to Community Affairs
Parks and Finance Safety Committees implementation and /or follow -up. This item was not
scheduled for Committee review during the fourth quarter.
12. Establish a process to provide updates to Council on issues that are brought forward at Council
meetings durina citizen comment opportunities: Assigned to Transportation Committee for
implementation and /or follow -up. This item was not scheduled for Committee review during the fourth
quarter.
PUBLIC WORKS DEPARTMENT
2009 YEAR END SUMMARY:
Public Works ended 2008 and started 2009 with a record snow and ice storm. From that storm, the US
Army Corps of Engineers announced that the Howard Hanson Dam would not store as much water and
that there could be an increased probability that the City would experience flooding along the Green
River. A massive planning effort and outreach program continued throughout the year for Public Works to
inform our business and residential communities. Council passed Resolution No. 1689 declaring a local
emergency and Resolution 1697 for emergency contracting procedures. A draft Flood Response Plan has
been completed by all City departments. As of December 31, 2009, no flooding was experienced in
Tukwila. Overall, the City is better prepared now for any potential future flooding or natural disaster.
4th QUARTER SIGNIFICANT ISSUES:
In support of the King County Flood Control District, advance protective measures (HESCOs and Super
Sacks) were installed along the Green River. The log cabin on S 140 St was demolished and HESCO's
were installed at that location. An interfund utility tax on water, sewer and surface water was implemented
to help fund the Howard Hanson Dam Flood Response Plan.
Construction is 66% complete and within budget for Phase II III of Tukwila International Blvd
Improvement Project. Currently preparing to shift traffic from the west side of road to the east side of the
road in early 2010 to enable the contractor to start construction of the west side improvements.
Construction began on the Surface Water's Storm Lift Station No. 18 Upgrade and Gilliam Creek Basin
Stormwater Overflow; both projects are related to the Howard Hanson Dam Flood Response Plan.
2009 Fourth Quarter Report
Prepared for Utilities Committee
Page 3
BUDGET PROGRAM GOALS:
Public Works Administration
1. Prepare and present a comprehensive City Facilities Uparade and Replacement Plan: Has been
placed on -hold until a financing plan is adopted.
2. Evaluate future arant fundina options available and propose a course of action to fund transportation
proiects: Staff continued to seek funding opportunities.
3. Implement the Emeraencv Manaaement Community Disaster Education (CDE' Proaram:
Preparedness briefings are part of the Outreach Program for the Howard Hanson Dam
planning effort. CERT Program Trainer recruitment on hold due to budget restrictions.
4. Provide auarterly reports on emeraencv manaaement issues: Mayor and Council are being
regularly updated on all issues. Council approved Resolution 1697 declaring the existence of
an emergency requiring Public Works, without bid, to address the hazards from the Hanson
Hanson Dam Flood Response Plan.
5. Hold auarterlv community informational meetinas: Ongoing. Emergency Management has held 9
public outreach briefings to date with several hundred people in attendance.
Business Services
1. Create a more effective. cost efficient department— oroiectina and monitorina department costs:
seeking more cost effective purchasina aareements with vendors: preparing the department's
operation, maintenance and capital facilities budaet usina a "needs- basis" approach: Ongoing.
2. Review the feasibility of usina Council- approved Local Improvement Districts (LIDs' as a means of
financina street improvement proiects for residential and commercial areas: Approved Resolution
No. 1690 and revised Resolution No. 1698 for the Intent to Form a LID and Ordinance No. 2260
was approved to Form LID #33 for the Tukwila Urban Center Access (Klickitat) Project.
3. Review "rate model" for establishina appropriate rates for water, sewer and surface water enterprise
funds. Investiaate the feasibility of a consumption -based sewer rate: The rate model was
completed with the updated 2010 -2015 Capital Improvement Program. Minimum water charges
were increased in 2010 to compensate for stagnant revenue based on water consumption
levels decreasing due to conservation. Residential sewer rates will remain a flat rate as
opposed to consumption -based since overall water consumption is decreasing. An interfund
utility tax was implemented to help fund the Howard Hanson Dam Flood Response Plan.
Maintenance Administration
1. Identify operational reauirements (facility space, eauipment, and personnel) for all maintenance
functions beina performed: Material staging and storage have been prioritized for the Howard
Hanson Dam Flood Response Plan.
2. Implement recurrent technical trainina and operational safety programs to maintain employee
certification levels to meet current and updated regulations: Training was completed for confined
space and the City's confined space plan with the new regulations has been approved.
3. Initiate a program that will improve the enerav efficiency of City maintenance operations: As part of
the City's Green Team, Public Works is reducing waste and evaluating energy conservation.
Engineering Administration
1. Assess standardized contracting procedures for construction and repair proiects: City attorney is
reviewing all contract templates.
2. Annual assessment and update of transportation impact fees system: On -hold pending budget
approval for traffic model and transportation element update. Traffic, Parks, and Fire Impact
fees were input into Finance's new Project Accounting software for tracking.
Development
General:
1. Maintain and improve the turn around time for Permit review and approval: All performance goals
are being met.
2. Work with and support DCD to improve permit processes: Ongoing.
2009 Fourth Quarter Report
Prepared for Utilities Committee
Page 4
Performance:
1. Zero backlogs of permits waitina for more than 30 days to be reviewed: Goal met.
2. Permits for single family residences issued within 30 days: Goal met.
Facility Maintenance
General:
1. Maintain a record keepina and trackina system for facility maintenance work order allocation: Goal
met. Facilities also assessed auxiliary power sources for emergency purposes (i.e. 6300
Building, etc.).
2. Implement the business plan for facility maintenance: Planning is now part of the Green Initiative.
Performance:
1. Advertise and award 90% of active Fund 303 Proiects no later than June 1 On budgetary hold.
2. Reduce facility maintenance costs by 10% throuah efficiencies: Reviewing and implementing
lighting cooling efficiencies.
Street Maintenance /General Admin
General:
1. Participate in pavement management for the multi -year street overlay program: Completed the
design review with engineering. The 2009/2010 Overlay and Repair Program was completed in
2009.
2. Assess the Traffic Operations Center (TOM effectiveness and flexibility with an emphasis on
expanding its use by other departments: Fiber expansion by City crews was completed from City
Hall to the Neighborhood Resource Center on Tukwila Int'I Blvd.
Performance:
1. Repair City -owned streetliahts within 72 hours. For Seattle City Liaht/Puaet Sound Energy
streetliahts. report within 24 hours: Repairs have been made on City -owned lights as needed.
2. Correct all traffic sianal problems within 24 hours: Goal being met.
3. Perform quarterly preventative maintenance on all City -owned traffic signals: Completed all LED
replacements in the traffic signal heads.
4. Evaluate reflectivity of all sians once a year: Completed.
5. City street cleaning: Goal met.
Residential 100 percent of the streets. twice a year.
Arterial residential and commercial /industrial roads six times a year.
Arterial commercial /industrial roads eioht times a year.
6. Potholes shall be repaired within 48 hours of notification: Goal being met
7. Provide quarterly reports on the effort to remove araffiti from public property: Year -end report being
prepared.
Residential Streets General Engineering
1. Prioritize. budget. and schedule list of residential street improvement projects. includina condition of
sidewalks. for inclusion into the City's Capital Improvement Proaram: On hold.
2. Annual update of pavement management system: 2009/2010 Overlay Repair Program
construction was completed in 2009. Due to staff workload, the pavement management
system will need to be updated in 2010.
Bridges Streets General Engineering
1. Onaoina construction of Phase II III of Tukwila International Blvd. Improvement Proiect:
Construction is 66% complete and within budget. Contractor is on a winter construction
schedule. Preparing to shift traffic from west side of road to the east side in 2010 to enable
contractor to construct west side improvements.
2. Award construction contract for Tukwila Urban Access (Klickitatl Proiect: LID formation approved
by Council. ROW acquisition completed with ROW certification to follow. Advertisement date
postponed pending resolution of design criteria with WSDOT.
2009 Fourth Quarter Report
Prepared for Utilities Committee
Page 5
3. Award construction contract for Southcenter Parkway Proiect: Final design supplement with David
Evans approved by Council. Final plans submitted to WSDOT for review. Right -of -way
certification underway. Advertisement scheduled for February 25, 2010.
Water Utility /Maintenance Operations
General:
1. Track backflow prevention compliance for the annual Department of Health report using the City's
cross connection data program: Data updates completed and DOH reports have been submitted.
2. Continue the remaining phase of the automatic meter read program in the residential areas:
Remaining area, Allentown, nearing completion. More installs are scheduled for 2010.
3. Implement a program to test the accuracy of water meters 2- inches and larger into standard
preventative maintenance procedures: Goal met.
4. Monitor Water Use Efficiency efforts and provide an annual report: Report sent to Washington
State Department of Health.
Performance:
1. Install new water meters within 48 hours of the hook -uo request: Goal being met.
2. Respond to water quality concerns within 24 hours: Other than Lake Young's algal bloom issues,
there were no calls or complaints in the Tukwila system for 2009.
3. Test chlorine residual level bi- monthly: Goal being met as scheduled.
4. Test coliform levels bi- monthly: Goal being met.
5. Achieve 10 percent water savings to meet Water Efficiency Goals established by the Municipal Water
Law: Completed 10% for 2008 and waiting for final 2009 consumption figures.
6. Regular testing of fire hydrants: Completed for 2009.
General Engineering Services Water
1. Complete construction of Andover Park East Water main Replacement Project: Design is complete.
SEPA and shoreline permits have been submitted. Advertise in second quarter of 2010.
Sewer Maintenance Operations
General:
1. Evaluate system -wide conditions for possible replacement and /or upgrade: Assessment completed
with Infiltration Inflow work.
2. Review results of video logs to identify damaaed areas and locations of possible infiltration /inflow:
Repairs have been made as needed based on inspection logs.
3. Implement a system for remote monitorina of lift stations response and corrective action can be
achieved from a laptop computer: New software installed and further fine tuning is underway.
Performance:
1. TV inspect 20.000 LF of pipe annually: Approximately 75% complete. This goal was not met due
to the Howard Hanson Dam Flood Response Plan.
2. Clean 183.000 LF of pipe annually: Approximately 90% completed. This goal was not met due to
the Howard Hanson Dam Flood Response Plan.
3. Clean and maintain 730 manholes annually: Approximately 500 manholes completed. This goal
was not met due to the Howard Hanson Dam Flood Response Plan.
4. Weekly monitoring of 10 sewer lift stations for pump hours, start counts. and aenerator operation:
Routine scheduled monitoring along with cleaning of wet wells.
General Engineering Services Sewer
1. Complete construction of the Interurban Ave S Gravity Sewer Project: Design is complete.
Easement is needed to construct overflow pipe. Advertise in third quarter of 2010. Interurban
roadway project is on hold.
Surface Water Maintenance
General:
1. Participate in development of a multi -vear small drainaae project list: Design review completed.
2. Provide field support to Enaineerina for GIS inventory: Continuing with Area 6.
2009 Fourth Quarter Report
Prepared for Utilities Committee
Page 6
3. Investiaate through usage of TV. GIS and flushina tasks to find unmapped systems: Efforts are
underway to begin TV work in areas that still need additional mapping.
Performance:
1. TV inspect 15,000 LF of pipe: This goal was not met due to the Howard Hanson Dam Flood
Response Plan.
2. Maintain /clean 3.500 LF of ditches and four large water auality ponds: 2,800 LF completed. This
goal was not met due to the Howard Hanson Dam Flood Response Plan.
3. Clean 1.400 catch basins. manholes and stormceotors: 1,000 catch basins cleaned. This goal was
not met due to the Howard Hanson Dam Flood Response Plan.
4. Maintain /clean 15.000 LF of storm lines: Completed inspection efforts.
5. Conduct weekly monitorina of five storm lift stations for pump hours, start counts, and aenerator
operation: Routine scheduled monitoring.
Surface Water General Engineering Services
1. Complete small drainaae projects identified on the approved list for 2009 -2010: 2009 construction is
underway with closeout in 2010.
2. Continue adoption and repair of the private storm systems that have been identified: Consultant will
complete design of 5 other sites for future construction.
3. Continue development of the GIS as- builts of city infrastructure that complies with NPDES: Area 5
inventory complete. Area 6 contract was approved and is currently underway.
Equipment Rental
General:
1. Use the Fleet Management Database to recommend a 10 percent reduction in the City's fleet costs:
Carpool and auction efforts have reduced under utilized vehicles.
2. Fully implement the Vehicle Replacement Guidelines Procedures: Goal being met.
Performance:
1. Return 100 percent of vehicles for preventive maintenance and checkup within the 30 -day timeframe:
Ongoing, goal being met.
2. Keep 90 percent of safety vehicles (Police and Fire) available for use: Completed repair of fire
trucks for full enablement of the Fire fleet.
3. Complete by April 30th. the "Condition of the Citv's Fleet" Report: Available upon request.
4. Complete 85 percent of the capital eauipment purchases by June 30 On budgetary hold.