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HomeMy WebLinkAboutPW10-043 - Original - King County - A-Line RapidRide Fiber Optic Project - 03/05/2010 AGREEMENT ON THE DESIGN, CONSTRUCTION,OWNERSHIP,AND MAINTENANCE OF THE A-LINE RAPIDRIDE FIBER OPTIC PROJECT Between KING COUNTY CITY OF SEATAC CITY OF DES MOINES CITY OF KENT CITY OF FEDERAL WAY TABLE OF CONTENTS I RECITALS 1 11 PURPOSE OF AGREEMENT 2 III DEFINI]IONS 2 IV FIBER OPTIC PROJECT BACKGROUND 4 V SCOPE OF WORK 5 A OVERVIEW 5 B DESIGN APPROACH FOR THE COUNTY FIBER 5 C DESIGN APPROACH FOR LOCAL AGENCY FIBER 6 D DESIGN APPROACH FOR IN I LRAGFNCY FIBER 6 VI RELATIONSHIPS AMONG PAR IICIPATING AGENCIES 7 A PRINCIPLES 7 B CHANGFS 7 C ALLOCA fION AND OWNERSHIP OF FIBER OPTIC CABLE 7 D USE OF FIBERS 7 E TRANSFER Or FIBERS 7 F PARTICIPA PING AGENCIES'RIGHT OF FIRST REFUSAL 8 G FUTURE USE OF FIBER OPTIC CABLE ALREADY OWNED BY INDIVIDUAL PUBLIC AGFNCIES 8 H CONTACT PERSONS AND ADDRESSES 8 VB THE COUNTY RESPONSIBILITIES AS LEAD AGENCY 9 A GENERAL RESPONSIBILITY OF THE COL NTY AS LEAD AGENCY .9 B AGREEMENTS,APPROVALS PERMISSIONS,AND PERMITS 9 C NOTICE OF INS]ALLATION AND TESTING 9 D MAINTENANCE AND REPAIR RESPONSIBILITIES 9 E COUNTY NONCOMPLIANCE I l F AUDIT I VIII FACILITY OWNER RIGHTS AND RESPONSIBILITIES I 1 A PRINCIPLES FOR USE OF PARTICIPATING AGENCY FACILITIES I 1 B APPROVALS I C ACKNOWLEDGMENT AND ACCEPTANCE OF RISKS I l D ACCESS f0 AND USE OF FACILITIES 12 E BUILDING ENTRANCES 12 F MODIFICATIONS TO FACILITIES 12 G RELOCATION OF FIBER OPTIC CABLE 12 H PROPERTY RIGHTS 13 I DEFAi ILT AND DISPUTE RESOLUTION 13 IX RELATIONSHIP BETWEEN THE COUNTY AND CONTRACTORS 14 A RESPONSIBILITY 14 B APPROVALS 14 C INSURANCE 14 X INDEMNIFICATION AND LIMITATION OF LIABILITY 14 A LIMITATION OF I]ABILITY AND INDEMNITY—THE COUNTY AS LEAD AGENCY 14 B LIMITATION OF LIABILITY AND INDEMNITY—FACILI]YOWNERS 15 C LIMITATION OF LIABILITY AND INDEMNITY—PARTICIPATING AGENCIES 15 XI ADDITIONAL TERMS AND CONDITIONS 16 A LAW S LICENSES,AND PERMITS 16 B PERFORMANCE 16 C AGREEMENT TERM 16 D TERMINATION FOR CAUSE 16 E FORCE MAJEURE 16 F NO WAIVER 17 G SEVERABILITY 17 H RIGHfS CUMULATIVE 17 I CON I RkC fUAL RELATIONSHIP 17 J HEADINGS 17 K APPLICABLE LAW AND VENUE 17 L BINDING EFFECTS 18 M ASSIGNMENT 18 N NOTICES 18 O MODIFICAIION OR AMENDMENT 18 P EXECUTED IN COUNTERPARTS 18 Attachment I Project Elements A-Line Fiber Optic Project 20 Attachment 2 Fiber Route Schematic 23 Attachment 3 Fiber Optic Project Cost Estimate 24 Attachment 4 Schematic of Typical RapidRide Fiber Optic Components 25 Attachment 5 Ownership and Maintenance Responsibihties of Fiber Optic Project Elements 26 A-Line RapidRide Fiber Optic Project i November 20, 2009 I. RECITALS This AGREEMENT is made by and between the City of SeaTac,the City of Des Moines,the City of Kent, the City of Federal Way, and King County, hereinafter referred to as the "Participating Agencies." WHEREAS, King County Ordinance No 15582(Transit Now Ordinance)identified a number of transit service measures to be implemented using the one-tenth of one percent sales and use tax collected through Transit Now that focus on capital, operating, and maintenance improvements that are expected to expand and improve bus service on local streets and arterials within King County, and WHEREAS,one of the programs specifically identified in the Transit Now Ordinance was the development and implementation of a bus rapid transit program in five distinct corridors, including new bus rapid transit services connecting the Tukwila International Boulevard Link Light Rail Station and the Federal Way Transit Center, and WHEREAS, the key elements of bus rapid transit include new, low-floor,hybrid diesel-electric buses, improved frequency of bus service, improved traffic operations, and transit stations with real- time passenger information signs, and WHEREAS,King County's bus rapid transit program has now been named RapidRide, and WHEREAS, the Participating Agencies are interested in advancing the implementation of this program, and WHEREAS, the approved King County transit capital program includes funding to support the investments in traffic signal systems and communication necessary to implement RapidRide, and WHEREAS, King County plans to construct a fiber optic network along Pacific Highway South/International Boulevard for the purpose of providing the communication infrastructure to support capital improvements such as real-time passenger information signs and transit signal priority elements of RapidRide, and WHEREAS,King County plans to install a sufficient number of fiber optic cables to meet the county s needs as well as additional fiber optic cable to support the fiber communication needs of the Participating Agencies, and WHEREAS,the City of SeaTac,the City of Des Moines,the City of Kent, and the City of Federal Way have conduit path available that can serve all the Participating Agencies, and WHEREAS, mutually beneficial contractual arrangements with other public entities that leverage public funds to provide both new and better bus service to cities and major employers is one of four key strategies identified in the Transit Now proposition approved by King County voters in the general election on November 7, 2006, NOW THEREFORE IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND AGREEMENTS SET FORTH HEREIN, AND FOR OTHER GOOD AND VALUABLE CONSIDERATIONS, THE SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED BY THE PARTICIPATING AGENCIES. THE PARTICIPAING AGENCIES AGREE AS FOLLOWS: A-Line Fiber Optic Project 1 November 20, 2009 IL PURPOSE OF AGREEMENT This Agreement defines how the Participating Agencies will work together for the benefit of all the Participating Agencies in implementing the A-Line RapidRide Fiber Optic Project This document also outlines the roles and responsibilities of all the Participating Agencies with respect to the design, use,maintenance, and financing of the fiber cables during the term of the Agreement 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. Acceptance or Accepted Written documentation of King County's determination that the contractor's work has been completed in accordance with the contract B. Agreement Refers to this document,Agreement On the Design, Construction, Ownership, and Maintenance of the A-Line Fiber Optic Project. C. Building Entrance Conduit or conduits usually connecting a vault,Handhole, or maintenance hole in the public right-of-way to a building D. Common Fiber Spares Fiber Strands installed as part of the Fiber Optic Project held in reserve solely for replacement of disabled fibers E. Conduit or Duct Enclosed raceway or tube designed to house Fiber Strands for their protection F. Dark Fiber An optical fiber strand not coupled to an optical light source. G. Day Calendar day H. Demarcation Point A point agreed to between the Facility Owner and the County that documents where one party's responsibilities end and the other's begins. I Facility or Facilities A structure including but not limited to buildings, vaults, maintenance holes,Handholes, Conduit, and Building Entrances J. Facility Manager The person designated by the Facility Owner to manage the Facility, including granting access and determining and approving its use and terms and conditions for such use A-Line Fiber Optic Project 2 November 20, 2009 K. 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. L Fiber Optic Cable A cable installed by the Participating Agencies pursuant to this Agreement that is composed of strands of glass fiber, each strand of which is designed to conduct signals of modulated light(optical signals) from one end to the other M Fiber Optic Project The activities associated with the installation of fiber optic transmission materials,pursuant to this Agreement. N. Fiber Strand or Strand of Fiber A smgle,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 that workers may reach into but usually do not enter for the purposes of installation and maintenance of cable P 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 Q. ITS Intelligent Transportation System. R Lead Agency The Participating Agency designated by mutual consent that is responsible for managing the Work related to the Fiber Optic Project, including entering into contracts for design and construction, overseeing the construction work,and assuming responsibility for ongoing maintenance of the completed Fiber Optic Project on behalf of the Participating Agencies King County is designated as the Lead Agency for this Agreement S. Make-Ready Work Any 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. T. Participating Agency A public agency that is a signatory to this Agreement for the purpose of engaging in the Fiber Optic Project U Participating Agency Facilities A-Line Fiber Optic Project 3 November 20,2009 Those Facilities owned, managed, and occupied by a Participating Agency. V. Pathway Aerial or underground Facilities used for the purpose of placing fiber optic cables, splice cases,trace wire, etc W. Splice The point where two separate optical Fiber Strands arejoined together either mechanically or by fusion to make one continuous optical fiber strand X. 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 Telecommunications Service(s)does not include Dark Fiber or services other than transmission services Y. Work All activities related to the planning, right-of-way acquisition, scheduling, analysis, design, engineering, preparation, construction, installation, evaluation, maintenance, repair, and operation of the Fiber Optic Project as provided for in this Agreement, including Make- Ready Work Iv. FIBER OPTIC PROJECT BACKGROUND King County, hereinafter referred to as the"County,"will deploy A-Line RapidRide, a bus rapid transit(BRT)service, on Pacific Highway South/Intemational Boulevard in the City of SeaTac,the City of Des Moines, the City of Kent, and the City of Federal Way RapidRide is a premium transit service with increased frequency, reduced travel time, and enhanced passenger amenities. Two key elements of RapidRide service are real-tine information signs at selected bus stop locations and transit signal priority at selected intersections throughout the corridor To support these features, the County is developing a network for transporting data from its central communication system to the roadside, and for communicating wirelessly along the roadside with real-time information signs, fare transaction processors, and buses The roadside network will consist of a fiber optic cable, secure wireless access points at intersections, and backhaid services provided through the Washington State Department of Transportation(WSDOT)regional network. The Fiber Optic Project will install a large-capacity fiber optic cable on Pacific Highway South/Intemational Boulevard using existing traffic signal and illumination conduit along the corridor This cable will run from State Route 518 to the Federal Way Transit Center and provide connections with WSDOT regional hubs at State Route 518 and South 320th Street The Fiber Optic Project will include sufficient fiber strands to support the County's RapidRide ITS communications, WSDOT Traffic Buster communications, local agency communications, and interagency communications A-Line Fiber Optic Project 4 November 20, 2009 V. SCOPE OF WORK A OVERVIEW On Pacific Highway South/International Boulevard,the Fiber Optic Project will install a 72- strand fiber optic trunk cable The fiber cable is sized to support future communication capacity for use by the local agencies for public purposes such as video surveillance, traffic signal communications, and city-to-city communications The distribution of fiber is as follows. County RapidRide ITS communications 24 strands Local agency communications 24 strands Interagency communications 24 strands Total 72 strands On South 320th Street,the Fiber Optic Project will install a 48-strand fiber optic trunk cable The fiber will be sized to support future communication capacity for use by the local agency for public purposes The distribution of fiber is as follows County RapidRide ITS communications 24 strands Local agency communications 24 strands Total 48 strands The Fiber Optic Project includes funding for the design, installation, and construction of local agency and interagency communication fiber The local agency communication fiber will be owned by the local jurisdiction in which this fiber is installed The interagency communication fiber will run the length of Pacific Highway South/International Boulevard from State Route 518 to South 320th Street The elements of the Fiber Optic Project are provided in Attachment 1,Project Elements A- Line RapidRide Fiber Optic Project A fiber routing schematic is provided as Attachment 2,Fiber Route Schematic. The construction budget for the Fiber Optic Project is provided in Attachment 3,Fiber Optic Project Cost Estimate B. DESIGN APPROACH FOR THE COUNTY FIBER The County RapidRide fiber will be installed on three channels along the project corridor: • Channel 1 will include all the Intelligent Transportation System (ITS)cabinets between State Route 518 and South 200th Street in the City of SeaTac • Channel 2 will connect all the ITS cabinets between South 204th Street and Dash Point Road • Channel 3 will include all the ITS cabinets from South 312th Street to South 316th Street,and will include the ITS cabinets on 23rd Avenue South at South 316th Street and at South 317th Street Channel I will terminate fibers 1 and 2 in each ITS cabinet from State Route 518 to South 200th Street. and will return on fibers 9 and 10 to the State Route 518 termination cabinet. Channel 2 will terminate fibers 7 and 8 in each ITS cabinet from S 204th Street to Dash Point Road and will return on fibers I I and 12 to the State Route 518 termination cabinet Channel 3 will terminate fibers l and 2 in each ITS cabinet from S 312th Street to S 316th Street on A-Line Fiber Optic Project 5 November 20, 2009 Pacific Highway South and at South 316th Street and at South 317th Street on 23rd Avenue South, with return on fibers 9 and 10 to the termination cabinet at the intersection of South 320th Street and Pacific Highway South Fibers 3-6 will be terminated into every ITS cabinet along the corridor for all RapidRide channels for future use by the County C DESIGN APPROACH FOR LOCAL AGENCY FIBER The local agency fiber will consist of five channels two channels in the City of SeaTac,one channel in the City of Des Moines, one channel in the City of Kent, and one channel in the City of Federal Way. For the City of SeaTac, Channel 1 will terminate fibers 25 and 26 in each traffic signal controller cabinet from State Route 518 to South 180th Street, and will return on fibers 33 and 34 to the State Route 518 termination cabinet Channel 2 will terminate fibers 31 and 32 in each traffic signal controller cabinet from South 182nd Street to South 208th Street, and will return on fibers 35 and 36 to the State Route 518 termination cabinet Fibers 27-30 will also be terminated into every traffic signal controller cabinet along the International Boulevard corridor within the City of SeaTac for future use by the City of SeaTac For the City of Des Moines, Channel 3 will terminate fibers 25 and 26 in each traffic signal controller cabinet from S 216th Street to Kent Des Moines Road, and will return on fibers 33 and 34 to the S 216th Street termination cabinet Fibers 27-30 will also be terminated into every traffic signal controller cabinet along Pacific Highway South within the City of Des Moines for future use by the City of Des Moines For the City of Kent, Channel 4 will terminate fibers 25 and 26 to each traffic signal controller cabinet from South 240th Street to South 272nd Street, and will return on fibers 33 and 34 to the Kent Des Moines Road termination cabinet Fibers 27-30 will also be terminated into every traffic signal controller cabinet along Pacific Highway South within the City of Kent for future use by the City of Kent. For the City of Federal Way from South 276th Street to South 320th Street, the 24 local- agency fibers will not be terminated in the traffic signal controller cabinets along Pacific Highway South, since these signals already have fiber interconnections Instead,all 24 local- agency fiber strands will be terminated at the South 320th Street/Pacific Highway South termination cabinet On South 320th Street and on 23rd Avenue South, Channel 5 will terminate fibers 25 and 26 in the traffic signal controllers at the following intersections South 320th Street/20th Avenue South, South 320th Street/23rd Avenue South. South 320th Street/25th Avenue South, South 316th Street/23rd Avenue South, and South 317th Street/23rd Avenue South. Channel 5 will return on fibers 33 and 34 to the termination cabinet at South 320th Street/Pacific Highway South Fibers 27-30 will also be terminated in each of the traffic signal controller cabinets listed above for future use by the City of Federal Way D. DESIGN APPROACH FOR INTERAGENCY FIBER All 24 fiber stands (49-72)will terminate in the termination cabinets at State Route 518, South 188th Street, South 216th Street, Kent-Des Moines Road, and South 320th Street/Pacific Highway South Of the 24 strands, fibers 55-56 from the State Route 518 fiber termination cabinet to the South 216th Street fiber termination cabinet are dedicated to the City of Des Moines for the connection to the WSDOT Traffic Buster project A-Line Fiber Optic Project 6 November 20, 2009 VL RELATIONSHIPS AMONG PARTICIPATING AGENCIES A. PRINCIPLES This Agreement among the Participating Agencies shall conform to the following principles I Participation in the Fiber Optic Project is voluntary 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. Participating Agencies may have varying amounts of financial and other responsibilities. Participating Agencies should share maintenance proportionately based on each Participating Agency's share of ownership or use of the Fiber Strands as described in the Agreement 4. In consideration of the perpetual right to use Participating Agencies' conduit,the County will at its own cost design install and dedicate fiber optic cables to the Participating Agencies for their ownership and use B. CHANGES Participating Agencies shall have the right to propose changes to the Fiber Optic Project, which must be approved by all Participating Agencies Changes that impact Facility Owners shall be subject to approval by the Facility Owners. C ALLOCATION AND OWNERSHIP OF FIBER OPTIC CABLE Fiber Optic Cable and Fiber Strands installed as part of the Fiber Optic Project shall be allocated to the individual Participating Agencies The Participating Agency shall own all right and title to these allocated Fiber Strands The ownership of the elements of the Fiber Optic Project is identified in Attachment 4, Ownership and Maintenance Responsibilities of the Fiber Optic Project Elements D. USE OF FiBERS A Participating Agency shall have completely free and unrestricted use of the Fiber Strands installed and allocated to it under the Fiber Optic Project Agreement for any lawful government,public education, intergovernment, or public utility purpose subject to applicable agreements, approvals,permission, and permits Such right to use shall be for the duration of the Agreement and for any renewals by the Participating Agencies unless terminated under the terms and conditions provided herein. E TRANSFER OF FIBERS Participating Agencies shall not assign the use or otherwise convey the use of any of the Participating Agency's fibers as identified in the Agreement to any other party except to government, public education, or public utility entities Participating Agencies who wish to transfer their allocated fibers must obtain written and unanimous approval from all Participating Agencies Participating Agencies are also granted right of first refusal regardless of the circumstances of the transfer Lime Fiber O tic Project 7 November 20 2009 A p � , F. PARTICIPATING AGENCIES' RIGHT OF FIRST REFUSAL Before any allocated fibers held by a Participating Agency may be transferred, the other Participating Agencies, either individually or collectively. shall have a right of first refusal to accept the transfer of the fibers on the terms and conditions set forth in this section (a) Notice of Proposed Transfer The transferring Participating Agency shall deliver to all Participating Agencies a written notice stating (i)the bona fide intention to transfer such allocated fibers, (n)the name of each proposed transferee, (in)the number of fibers to be transferred to each proposed transferee, (iv)the consideration for which the Participating Agency proposes to transfer the allocated fibers and the material terms and conditions of the proposed transfer(the"Offered Terms"), and(v)an offer to sell the allocated fibers at the Offered Terms to the other Participating Agencies (b) Exercise of Right of First Refusal At any time within sixty(60)days after receipt of the notice, the other Participating Agencies, either individually or collectively,may, by giving written notice to the transferring Participating Agency, elect to accept all,but not less than all of the allocated fibers proposed to be transferred to any one or more of the proposed transferees (c) Any government, public education, or public utility entity accepting the transfer of fibers installed under this Agreement must agree to all the terms and conditions of this Agreement, and shall notify the Facility Owner(s)of any such transfer (d) Participating Agencies may grant the right to use their fiber allocation to any other government, public education, or public utility entity provided the use is approved by all of the other Participating Agencies G. FUTURE USE OF FIBER OPTIC CABLE ALREADY OWNED BY INDIVIDUAL PUBLIC AGENCIES Nothing in this Agreement precludes Participating Agencies from entering into separate agreements with other Participating Agencies to use fiber optic cable other than the Fiber Optic Cable installed pursuant to this Agreement. H. CONTACT PERSONS AND ADDRESSES The contact persons for the administration of this Agreement are as follows- King County. City of SeaTac John Toone, IT Project Manager Susan Sanderson, P E. King County Department of City Engineer Transportation City of SeaTac 201 S Jackson St 4800 S 188th St Seattle, WA 98104 SeaTac, WA 98188 City of Des Moines City of Kent. Brandon Carver, P E, P T O E Steve Mullen, P E Associate Transportation Engineer Transportation Engineering Manager City of Des Moines City of Kent 21650 11th Ave S 220 Fourth Ave S Des Moines, WA 98198 Kent, WA 98032 City of Federal Way Rick Perez,P E City Traffic Engineer A-Line Fiber Optic Project 8 November 20, 2009 City of Federal Way 33325 Eighth Ave S PO Box 9718 Federal Way WA 98063 vIi. THE COUNTY RESPONSIBILITIES AS LEAD AGENCY A GENERAL RESPONSIBILITY OF THE COUNTY AS LEAD AGENCY The County 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 conditions of this Agreement The County shall have the authority and the responsibility for negotiating and entering into such separate contracts with Facility Owners as are necessary for the specific use of their Facilities in furtherance of the Fiber Optic Project The County 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 County is responsible for ensuring that all applicable terms and conditions of this Agreement are included in the contracts with Facility Owners and contractors Prior to execution of any contracts with Facility Owners or contractors, the County 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 in this Agreement, such dispute shall be resolved through the Dispute Resolution process identified in this Agreement The County shall keep the Participating Agencies informed as to the status of the Fiber Optic Project B. AGREEMENTS,APPROVALS, PERMISSIONS,AND PERMITS The County 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 Project and for keeping them in place and current C NOTICE OF INSTALLATION AND TESTING The County shall notify the Participating Agencies when initial installation of the Fiber Optic Cable and the Acceptance testing of all 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 72-strand and 48-strand trunk Fiber Optic Cable and trunk Fiber Strands installed pursuant to this Agreement, as well as the Pathways between and including the Demarcation Points, shall be the responsibility of the County as agent for the Participating Agencies For this Agreement.the Demarcation Points are the 25TA fiber vaults A schematic of the typical fiber optic components is provided as Attachment 4,Schematic of Typical RapidRide Fiber Optic Components Maintenance of Fiber Optic Lateral Cables and Fiber Strands installed from the 25TA fiber vaults to the Participating Agencies' equipment shall be the responsibility of the Participating Agency that owns the equipment to which the lateral cable is connected. A-Line Fiber Optic Project 9 November 20, 2009 The 25TA fiber vaults and the RapidRide cabinets shall be the responsibility of the County. County maintenance responsibility shall continue for the term of this Agreement and for any extensions or renewals A summary of the maintenance responsibilities for the elements of the Fiber Optic Project is provided as Attachment 5, Ownership and Mamtenance Responsibilities of Fiber Optic Project Elements In instances where service to any of the Participating Agencies has been interrupted on the County side of the Demarcation Point,the County,at the Participating Agencies' request, will repair the Fiber Optic Cable as soon as possible provided that all necessary permissions to effect the repairs have been obtained from the Facility Owner(s) Restoration of traffic control and public safety services shall be given the highest priority In the event of an outage, the Participating Agencies shall work promptly to restore the functionality of the Fiber Optic Cable as soon as 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 traffic control and public safety services 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 this Agreement on a proportional basis as identified in Attachment 5, Ownership and Maintenance Responsibilities of Fiber Optic Project Elements When repairs are required as a result of damage caused by a third party, the Participating Agency in whose jurisdiction the damage occurred shall seek payment from the third parry for the cost of the repair The County shall assign a designated maintenance manager who shall review ongoing maintenance expenses with Participating Agencies as reasonably requested, but at least on an annual basis The County may contract with a vendor capable of making any necessary repairs The contact shall provide for around-the-clock service, defined response times, and supply guarantees 3 Payments for Maintenance and Repair Expenses Participating Agencies shall pay all amounts owed to the County within 30 Days of receipt of the billing If a Participating Agency disputes all or a part of the payment owed to the County, then such dispute shall be resolved through the dispute resolution process identified in this Agreement If a Participating Agency cannot or does not make payment for charges owed within 90 P g g Y PY g Days the Participating A enc shall be given written notice to correct the default The P g g y Participating Agency shall have 90 Days,or such longer time after receipt of notice as the County may authorize in writing,to make payment If the Participating Agency and the County still cannot reach agreement on amounts owed, the dispute shall be resolved through the dispute resolution process identified in this Agreement A-Line Fiber Optic Project 10 November 20, 2009 E. COUNTY NONCOMPLIANCE The County shall adhere to the terms, conditions, and requirements of the Work as provided to this Agreement, and the required record keeping as required in this Agreement Where there has been gross negligence or willful misconduct on the part of the County, and additional Work is necessary to conform the Work to the requirements of this Agreement, it shall be at the expense of the County F. AUDIT The County shall permit Participating Agencies,or their designated agent(s), from time to time (including up to six years after the expiration or termination of this Agreement)to inspect and audit all pertinent books and records of the County, contractors, subcontractors, or any other person or entity in connection with or related to the Fiber Optic Project with respect to the services provided, costs, and the compensation paid Such audit shall occur at such reasonable tunes and at such reasonable locations)as mutually agreed to by the Participating Agencies and the County vitl. FACILITY OWNER RIGHTS AND RESPONSIBILITIES A PRINCIPLES FOR USE OF PARTICIPATING AGENCY FACILITIES Use of Facilities owned by a Participating Agency shall comply with all requirements of the Participating Agency that owns them A Facility shall be designed and constructed 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 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 The Facility Owner has final approval of planning, engineering, design, material, and maintenance for all portions of the Fiber Optic Project on or within its Facilities B APPROVALS All contractors hired by the County 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 County 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 authority to stop inadequate or unsafe Work, or to require that inadequate or unsafe Work be corrected as provided for in this Agreement C ACKNOWLEDGMENT AND ACCEPTANCE OF RISKS In choosing to co-locate components of the Fiber Optic Project in Facilities, the Participating Agencies acknowledge that there are risks associated with having components of the Fiber Optic Project co-located within any such Facility Participating Agencies explicitly understand that 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 alternative communication paths needed by the Participating Agencies, loss of Participating Agency business, and i estoration of their fiber systems if they are damaged A-Line Fiber Optic Project I 1 November 20, 2009 D. ACCESS TO AND USE OF FACILITIES The County 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 determined by the Facility Manager and any conditions specified by the Facility Owner I Permission to Enter Access to Facilities shall be allowed only after the Facility Owner has been notified 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 in writing, and shall be subject to the terms and conditions of 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 Buildings If the County desires to use space in any building, the County 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 Where applicable, 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 location in a building where the Participating Agencies have installed Fiber Optic Project components,the County has the responsibility for making alternative arrangements for building access with the building owner The expense associated with an alternative Building Entrance shall be borne by the Participating Agencies using the building. F. MODIFICATIONS TO FACILITIES At the County's request. the Facility Owner shall make necessary modifications to any existing Facilities to enable building access for the Fiber Optic Project Any requests by the County for such modifications shall be made to the Facility Owner and/or Manager G. RELOCATION OF FIBER OPTIC CABLE The County will work with the Facility Owner to ensure that the Fiber Optic Cable within or on Facilities is designed and constructed to minimize the likely need for future relocation. 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 I All relocations of Fiber Optic Cable,regardless of reason,will be managed by the County All relocations will be managed as a part of and under the terms and conditions of this Agreement A-Line Fiber Optic Project 12 November 20, 2009 2. Notice Except for emergency situations,the Facility Owner will give the County at least 90 Days notice of the need to relocate any components of the Fiber Optic Project located within or on Facilities 3 Relocation When relocation is required,the Facility Owner may,when possible,provide substitute Facilities within or on which the Participating Agencies may relocate the components of the Fiber Optic Project H PROPERTY RIGHTS Nothing in the terms of this Agreement shall be construed to convey to the Participating Agencies any property rights in existing Facilities of a Facility Owner Nothing in the terms of this Agreement 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 Any ownership rights in Facilities created or constructed as part of the Fiber Optic Project will be allocated per this Agreement I. DEFAULT AND DISPUTE RESOLUTION The Participating Agencies desire, if possible,to resolve disputes, controversies, and claims ("Disputes") arising out of this 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 has performed such obligation in a manner inconsistent with this Agreement,then the Participating Agency shall provide written notice to all Participating Agencies, stating with specificity the nature of the Dispute. Thereafter, each Participating Agency shall appoint a knowledgeable,responsible management representative to meet within 30 Days of the date of the written notice and negotiate in good faith to resolve any Dispute The Participating Agencies agree that the discussions and correspondence among the representatives for purposes of Dispute resolution 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 without the agreement of the parties to the dispute Documents identified in or provided with such communications that 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 60 Days of the initial written request, the Dispute shall be submitted to mediation with a mediator chosen by mutual agreement of the parties. 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 A-Line Fiber Optic Project 13 November 20, 2009 Ix. RELATIONSHIP BETWEEN THE COUNTY AND CONTRACTORS A RESPONSIBILITY The County as Lead Agency is responsible for ensuring that the applicable terms and conditions of this Agreement are included in agreements with Facility Owners and contractors However, each contractor shall be held liable for any negligence. intentional acts, or willful or wanton misconduct caused by its performance or failure to perform the work under this Agreement or any contracts with the County B APPROVALS All contractors hired by the County to work within or on Facilities shall be subject to approval by Facility Owners In all agreements with contractors,the Facility Owner(s)may require the County 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 this Agreement, the County shall ensure that all contractors, at no expense to the County, Participating Agencies and Facility Owner(s), have obtained and filed with the County acceptable evidence of a policy or policies of insurance as enumerated to this Agreement x. INDEMNIFICATION AND LIMITATION OF LIABILITY A. LIMITATION OF LIABILITY AND INDEMNITY—THE COUNTY AS LEAD AGENCY The County, when acting in the capacity as Lead Agency, shall not be liable, in law or in equity to the Facility Owner, Participating Agencies, or any subsequent user for any damages relatingto the interruption of service or interference with the operation of the Fiber Optic P P P Project,except to the extent caused by the gross negligence or willful misconduct of the County The Facility Owners and Participating Agencies shall indemmfy and save harmless the County, 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 County 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 County, and upon such notice,the County 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 the County 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 COUNTY AS 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 A-Line Fiber Optic Project 14 November 20, 2009 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 County as Lead Agency,to Participating Agencies, or to 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 County, as Lead Agency and Participating Agencies shall indemnify and save harmless Facility Owners and Facility Owners' 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 County as Lead Agency, and upon such notice,the County 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 the County 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 DANIAGES ALLEGED TO HAVE ARISEN DUE TO AN INTERRUPTION OF SERVICE OR DAMAGE TO ANY FiBER OPTIC CABLE OR ASSOCIATED EQUIPMENT. C. LIMITATION OF LIABILITY AND INDEMNITY--PARTICIPATING AGENCIES-- 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 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 County as 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 County as Lead Agency, and upon such notice, the County 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 the County, 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 A PARTICIPATING AGENCY SHALL NOT BE LIABLE TO THE COUNTY AS 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 A-Line Fiber Optic Project 15 November 20, 2009 xI. ADDITIONAL TERMS AND CONDITIONS A. LAWS,LICENSES, AND PERMITS 1 General Requirement All work done under this Agreement shall comply with all applicable federal, state, and local laws, and all rules,regulations, orders, and directives of relevant administrative agencies 2 Licenses, Permits,and Similar Authorizations 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) B PERFORMANCE Each Participating Agency will perform all of its obligations under this Agreement to a timely manner C. AGREEMENT TERM This Agreement shall become effective upon the execution of all Participating Agencies,and unless terminated in accordance with the terms of this Agreement, shall continue to a term of 20 years One year prior to the expiration of this 20-year period,the Participating Agencies shall in good faith negotiate a renewal agreement for an additional 20-year period or terminate their participation according to the provisions of this Agreement Under the terms of any renewal agreement,the Participating Agencies shall continue to make payments as specified in this Agreement. Terms and conditions of this Agreement that have expired shall remain in effect until superseded by a new agreement. D. TERMINATION FOR CAUSE Any Participating Agency may terminate this Agreement in the event that another party 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 by such other Party Notice of termination shall be given by the Participating Agency terminating this Agreement to the others not less than 45 Days prior to the effective date of termination E FORCE MAJEURE The term"force majeure"shall include,without limitation by the following enumeration* acts of nature. acts of civil or military authorities, terrorism, fire, accidents, shutdowns for purpose of emergency repairs, and industrial, civil or public disturbances causing the inability to perform the requirements of this Agreement If a party is rendered unable,wholly or in part, by a force majeure event or any other cause not within such party's control,to perform or comply with any obligation or condition of this Agreement, upon giving notice and reasonably full particulars to the other party, such obligation or condition shall be suspended only for the time and to the extent commercially practicable to restore normal operations In A-Line Fiber Optic Project 16 November 20,2009 the event that any party ceases to be excused pursuant to this provision, then the other parties, including the County as Lead Agency, shall be entitled to exercise any remedies otherwise provided for in this Agreement Whenever a force majeure event causes a party to allocate limited resources between or among a parry's other obligations,the Work under this Agreement shall receive no less priority in respect to such allocation than any of the Participating Agencies' other projects F 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 or more Participating Agencies to insist upon strict performance of, or a Participating Agency's waiver of, any of the terms, conditions, or obligations of this 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 tern, condition,covenant or obligation contained herein by any one or more Participating Agencies, nor shall such action or inaction by any one or more Participating Agencies be construed as to bind or prejudice any other Participating Agency G. SEVERABILITY In the event any section, sentence, clause, or phrase of this Agreement is adjudicated to be invalid or illegal by a court of competent jurisdiction,the remainder of this Agreement shall be unaffected by such adjudication and all other provisions shall remain m 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 negotiate a replacement section, sentence, clause, or phrase that is legal and most closely represents the original intent of the Participating Agencies H RIGHTS CUMULATIVE The rights and remedies of the Participating Agencies provided for under this 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 I. CONTRACTUAL RELATIONSHIP This Agreement does 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 J. HEADINGS The titles of sections are for convenience only and do not define or limit the contents K. APPLICABLE LAW AND VENUE This Agreement 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 A-Line Fiber Optic Project 17 November 20, 2009 L. BINDING EFFECTS The provisions, covenants, and conditions in the General Terms and Conditions apply to bind the Participating Agencies and their legal heirs, representatives. successors, and assigns. M ASSIGNMENT No Participating Agency shall assign its rights or assign its duties under this Agreement without the prior written consent of the other Participating Agencies,which consent shall not be unreasonably withheld N NOTICES All notices and other materials to be delivered hereunder shall be in writing and shall be delivered or mailed to the addresses as identified in this Agreement O MODIFICATION OR AMENDMENT No modification to or amendment of the provisions of the General Terms and Conditions shall be effective unless in writing and signed by authorized representatives of the Participating Agencies to this Agreement The Participating Agencies expressly reserve the right to modify any agreement, from time to time, by mutual agreement P EXECUTED IN COUNTERPARTS 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 A-Line Fiber Optic Project 18 November 20, 2009 IN WITNESS WHEREOF,the Participating Agencies hereto have executed this Agreement on the respecti\,e dates indicated below rov 91A red as to Form .- j-' 0 Kevin Desmond Z /Q Marcme Anders n IZ/�i /O1' General Manager,Kmg Cod ty Metro Transit Prosecuting Attorney Approved as to Form Todd Cutts Mary Mirante-Bartolo Acting City Manager, City of SeaTac City Attorney Approved as to Form Anthony Piasecki Pat Bosmans City Manager,City of Des Moines City Attorney Approved as to Form Suzette Cook Tom Brubaker Mayor, City of Kent City Attorney Approved as to Form Brian Wilson Patricia A Richardson Interim City Manager, City of Federal Way City Attorney A-Line Fiber Optic Project 19 November 20, 2009 IN WITNESS WHEREOF,the Participating Agencies hereto have executed this Agreement on the respective dates indicated below Approved as to Form Kevin Desmond Marcme Anderson General Manager,King County Metro Transit Prosecuting Attorney Approved as to Form Todd Cutts Mary Mira te-Bartolo Acting City Manager, City of SeaTac City Attorney Approved as to Form Anthony Piasecki Pat Bosmans City Manager,City of Des Moines City Attorney Approved as to Form Suzette Cook Tom Brubaker Mayor, City of Kent City Attorney Approved as to Form Brian Wilson Patricia A Richardson Interim City Manager, City of Federal Way City Attorney A-Line Fiber Optic Project 19 November 20,2009 IN WITNESS WHEREOF, the Participating Agencies hereto have executed this Agreement on the respective dates indicated below Approved as to Form Kevin Desmond Marcine Anderson General Manager, King County Metro Transit Prosecuting Attorney Approved as to Form Todd Cutts Mary Mirante-Bartolo Acting City Manager, City of SeaTac City Attorney At the direction of the Des Moines City Council taken at an open public Meeting on /',//o o App ved as to Form Anthony Pi s c Pat Bosmans City ManagE y of Des Moines City Attorney Approved as to Form Suzette Cook Tom Brubaker Mayor, City of Kent City Attorney Approved as to Form Brian Wilson Patricia A Richardson Interim City Manager, City of Federal Way City Attorney A-Line Fiber Optic Project 19 November 20,2009 IN WITNESS WHEREOF,the Participating Agencies hereto have executed this Agreement on the respective dates indicated below. Approved as to Form Kevin Desmond Marcme Anderson General Manager,King County Metro Transit Prosecuting Attorney Approved as to Form Todd Cutts Mary Mirante-Bartolo Acting City Manager.City of SeaTac City Attorney Approved as to Form Anthony Piasecki Pat Bosmans City Manager, City of Des Moines City Attorney Approved as to Form ^ 12? Suz e oo To Brubaker Mayor ity Kent City Attorney Approved as to Form Brian Wilson Patricia A. Richardson Interim City Manager, City of Federal Way City Attorney A-Line Fiber Optic Project 19 November 20,2009 IN WITNESS WHEREOF,the Participating Agencies hereto have executed this Agreement on the respective dates indicated below. Approved as to Form Kevin Desmond Marcme Anderson General Manager,King County Metro Transit Prosecuting Attorney Approved as to Form Todd Cutts Mary Mirante-Bartolo Acting City Manager,City of SeaTac City Attorney Approved as to Form Anthony Piasecki Pat Bosmans City Manager,City of Des Moines City Attorney Approved as to Form Suzette Cook Tom Brubaker Mayor,City of Kent City Attorney Approved as to Form Brian Wilson Patricia A Richardson Inter City Ma er rty of Federal Way City Attorney Alw C4W A-Line Fiber Optic Project 19 November 20,2009 Attachment 1 Project Elements: A-Line RapidRide Fiber Optic Project Element 1 (Trunk State Route 518 to South 216th Street) The installation of a 72-strand fiber trunk line with fiber distribution as follows: King County RapidRide 24 Strands(1-24) Local Agency Communication(City of SeaTac): 24 Strands(25-48) Interagency Communications 24 Strands(49-72) Element 2 (TSC Laterals State Route 518 Street to South 208th Street) The installation of 12-strand fiber laterals, from trunk to traffic signal control cabinets Element 3 (ITS Laterals State Route 518 to South 208th Street) The installation of 12-strand fiber laterals, from trunk line to ITS cabinets. Element 4 (Trunk South 216th Street to Kent Des Moines Road) The installation of a 72-strand trunk line with fiber distribution as follows: King County RapidRide. 24 Strands(1-24) Local Agency Communication(City of Des Moines) 24 Strands(25-48) Interagency Communications 24 Strands(49-72) Element 5 (TSC Laterals. South 216th to Kent Des Moines Road) The installation of 12-strand fiber laterals, from trunk to traffic signal control cabinets. Element 6 (ITS Laterals South 216th to Kent Des Moines Road) The installation of 12-strand fiber laterals, from trunk line to ITS cabinets Element 7 (Trunk Kent Des Moines Road to South 272nd Street) The installation of a 72-strand trunk line with fiber distribution as follows. King County RapidRide 24 strands(1-24) Local Agency Communication(City of Kent): 24 strands (25-48) Interagency Communications 24 strands (48-72) Element 8 (TSC Laterals South 240th Street to South 272nd Street) The installation of 12-strand fiber laterals, from trunk to traffic signal control cabinets. Element 9 (ITS Laterals South 240th Street to South 272nd Street) The installation of 12-strand fiber laterals, from trunk line to ITS cabinets Attachment 1• Project Elements 20 November 20, 2009 Element 10(Trunk South 272nd Street to South 320th Street) The installation of a 72-strand fiber trunk line along Pacific Highway South with fiber distribution as follows- King County RapidRide 24 Strands(1-24) Local Agency Communication (City of Federal Way)- 24 Strands (25-48) Interagency Communication 24 strands(49-72) Element I 1 (South 320th Street Trunk- Pacific Highway South to 25th Avenue South) The installation of a 48-strand fiber trunk line along South 320th Street with fiber distribution as follows- King County RapidRide- 24 Strands(1-24) Local Agency Communication (City of Federal Way) 24 Strands (25-48) Element 12(23rd Avenue South Trunk- South 316th Street to South 320th Street) The installation of a 48-strand fiber trunk line along 23rd Avenue South with fiber distribution as follows: King County RapidRide: 24 Strands (1-24) Local Agency Communication(City of Federal Way)- 24 Strands (25-48) Element 13 (ITS Laterals South 276th Street to South 320th Street on Pacific Highway South and South 316th Street and South 317th Street on 23rd Avenue South) The installation of 12-strand fiber laterals, from trunk line to ITS cabinets. Element 14(TSC Laterals- 20th Avenue South, 23rd Avenue South, and 25th Avenue South on South 320th Street,• and South 316th Street and South 317th Street on 23rd Avenue South) The installation of 12-strand fiber laterals, from trunk to traffic signal control cabinets. Element 15(Fiber Termination Cabinets) The installation of five (5) fiber termination cabinets at the following locations: State Route 518, South 188th Street, South 216th Street, Kent-Des Moines Road, and South 320th Street Element 16(Fiber Connections to Fiber Termination Cabinetsl The installation of a 144-count fiber connection from the 72-count trunk to the termination cabinets (State Route 518, South 188th Street, South 216th Street, Kent-Des Moines Road, and South 320th Street) Element 17(Fiber Connection to WSDOT at South 320th Street/Interstate 5) The installation of a 12-strand fiber cable from the splice vault at South 320th Street/25th Avenue South to the closed circuit television (CCTV)cabinet(CC-016) in the southwest quadrant of the South 320th Street/Interstate 5 interchange Attachment 1. Project Elements 21 November 20, 2009 Element 18 (Fiber Connection to the WSDOT Mini-Hub at State Route 518 The installation of a 12-strand fiber cable from the fiber termination cabinet to the WSDOT fiber mini- hub at State Route 518 Elements Constructed by Others- For a portion of Element 10, (72-strand fiber trunk cable South 272nd Street to South 320th Street),King County will enter into an agreement with the City of Federal Way The City of Federal Way will design and install the portion of this pro3ect from South Dash Point Road to South 308th Street The City of Federal Way will design and construct this work as part of Pacific Highway South- HOV Lanes Phase IV Attachment 1• Project Elements 22 November 20, 2009 ` o 0 N O N N L E v O z s_r L111 l3e I _ G �'Y9WFr'AQitl� r l-„ � <lit! i i s.-ax- KwtZES KND.FSs� J� Mill �1, e t KwvFFs—t nwrrs t = ` El -_ t[ ° a9'B6F3 1 1541ZIFa'J _ N k U K wni�S y e� G J W j +s wvtss a a a C x 6' �swroEe t •� p Lu LL 9 A 5+^V wYL -TIE K4160L5 �w� , C KipLs' C 1 = 51900i5 fi � ■ 9 � a � N K+BM[S KTHLS aKrvzsLs � e LL _ LLLL o T _ KwsaEs�' . a � Sam � •m;, o u a +5� 5 ` vLL pQ< a°LL V°c6 cLI U }Im_? JS WZ6[S 9u um 9m ^ am } 69UVV K�VV C V n n ryan�ry +ar �o� IM �S MW8I5_� K 4KSZS a �' t 4 � s Y +SJ.IIIIII f _* to a naoa4 ` it nwns w V Q V K { 4 ■ V • --�J + i54knIS � c - c iz� n o (n w 'w o ✓✓ w maaoc � � 5 J � � ■C�7 I j � I I N d Q w —1 I I F N r @U F a Attachment 3: Fiber Optic Project Cost Estimate Description Units Subtotal Communication Equipment and Infrastructure LS $1,128,050 Fiber Optic Cable LS $461,900 Traffic Control LS $158,994 Force Account- Conduit Replacement Est $25,000 Force Account-Additional Junction Box Est $5,000 Force Account-Subsurface Utility Locate Est $40,000 Subtotal $1,818,944 Design Allowance 5% $90,947 County-Provided Total Tax is included in this $271,390 Construction Item Total $2,181,281 Tax 9% $171,890 Subtotal $2,353,171 Construction Engineering 15% $352,976 Construction Contingencies 10% $235,317 Cost Between South Dash Point Road and South 312`"Street(Pac Hwy HOV Phase VI) $54,970 Construction Total $2,996,434 Attachment 3 Fiber Optic Project Cost Estimate 24 November 20, 2009 Attachment 4: Schematic of Typical RapidRide Fiber Optic Components A-Line RapidRide Schematic of Typical RapidRide Fiber Optic Components Fiber Optic Trunk Cable ----------- Fiber Optic Lateral Cable Conduit Included in the Fiber Optic Agreement 25TA Demarcation Point Home Run JS Fiber Vault Spam c� ,a r � nC RapidRide Cabinet Cabinet Attachment 4: Schematic of Typical Fiber 25 November 20, 2009 Fiber Optic Components Attachment 5.Ownership and Maintenance Responsibilities of Fiber Optic Project Elements Project Element Oumersbrp Maintenance Agency Proportional Cost Sharing Element I State Route 518 to S 216th St 72-strand fiber trunk cable King County King County(50%) King County Ra idRide 24 Strands(1-24) King County City of SeaTac(50%) City of SeaTac Communication 24 Strands 2549 City of SeaTac interagency Communications 24 Strands(49-72) King County Element 2(State Route 518 St to S 208th St) 12-strand fiber laterals,trunk to traffic City of SeaTac City of SeaTac City of SeaTac(100%) signal control cabinets Element 3(State Route 518 to S 208th St) 12-strand fiber laterals,trunk line to ITS King County King County King County(100%) cabinets Element 4 S 216th St to Kent Des Moines Road 72-strand fiber trunk cable King County King County(50%) King County Ra idRide 24 Strands(1-24) King County City of Des Moines(50%) G[ of Des Moines Communication 24 Strands 125-48 City of Des Moines Imam ens Comm do nations 24 Snands(49-72 King County Element 5(S 216th St to Kent Des Moines Road) 12-strand fiber laterals,trunk to City of Des Moines City of Des Moines City of Des Moines(100%) traffic signal control cabinets Element 6(S 216th St to Kent Des Moines Road) 12-strand fiber laterals,trunk line King County King County King County(100%) to ITS cabinets Element Kent Des Moines Road to S 272nd St 72-strand fiber trunk cable King County King County(50%) King County Ra idRide 24 strands(1-24) King County City of Kent(50%) Cn of Kam Communn.duon 24 snands(25-48) City of Kent Interagency Conunmucarons 24 slcand„(49-72) King County Element 8(S 240th St to S 272nd St) 12-strand fiber laterals,trunk to traffic signal City of Kent City of Kent City of Kent(100%) control cabinets Element 9 S 24uth St to S 272nd St 12-strand fiber laterals,trunk to ITS cabinets King County King County King County 100% Element 10 S 272nd St to S 320th St 72 strand trunk cable King County King County(50%) King Count)Ra idRide 24 Strands 1-24 Km Coun City of Federal Way(50%) City of Federal Way 24 Strands(25 48) Ci ofPederal Wa Interagency,Interagen:iy,Communication 24 Stnru6(49-72) King County Element 11 Pacific Fhglovay S to 25th Ave S S 320th St 48-strand fiber trunk cable King County King County(50%) King County Ra idRide 24 Strands 1-24 King Coun City of Federal Way(50%) City of Federal Way Communication 24 Strands 25-48 City of Federal Way Element 12 S 316th St to S 320th St 23rd Aae S 48-strand fiber trunk cable King County King County(50%) King County 12a idRide 24Strands(I-24) King County City of Federal Way(50%) ON of Federal Way Communicabon 24 Strands 25-48 City of Federal Way Element 13(S 276th St to S 320th St air Pacific highway S,and S 316th St and S 317th King County King County King County(1000%) St on 23rd 4rve S) 12-strand fiber laterals,trunk to ITS cabinets Element 14(20th Ave S,23rd Ave S,and 25th Ave S on S 320th St,and S 316th St and City of Federal Way City of Federal Way City of Federal Way S 317th St on 23rd Ave S) 12-strand fiber laterals,trunk to traffic signal control (I00%) cabinets Element 15(Fiber Termination Cabinets) Five(5)fiber termination cabinets at King County King County King County(100%) State Route 518,S I88th St S 216th St,Kent Des Moines Road,and S 320th St Element 16(Connections to Fiber Termination Cabinets) 144-count fiber connection King County King County King County(1000/6) from the 72-count trunk to the termination cabinets at State Route 518,S I88th St,S 216th St Kent Des Moines Road,and S 320th St Element 17(Fiber Connection to WSDOT at S 320th SUI-5) 12-strand fiber cable King County King County King County(500K) from splice vault at S 320th SI@Sth Ave S to CCTV cabinet at I-5 City of Federal Way(50%) Element 18(Fiber Connection to WSDOT at State Route 518) 12-stmad fiber cable King County King County King County(100%) to WSDOT mnNm b at State Route 518 Attachment 5 Ownership and Maintenance Responsibilities 26 November 20,2009 of Fiber Optic Project Elements REQUEST FOR MAYOR'S SIGNATURE KENT Please FIII in All Applicable Boxes W ASH IN OTC Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) fti Originator ' t Phone (Originator) VZ��(c � _ y��j i�•; .i S��"� Jt:��n L-..S,�c'C , Date Sent: (Z�'1 Date Required 2 —Z—( 0 Return Signed Document to �e ;n � ' ,{ CONTRACT TERMINATION DATE: LD 50 VENDOR NAME: {�����; �� }� DATE OF COUNCIL APPROVAL: I Brief Explanation of Document: n) iA c0�S�ri c. Gh titQ•��5�� �` S + 4� All Contracts Must Be Routed Through the Law Department RECEIVED (This Area to be Completed By the Law Department) r Received: City of Kent A F,rc n 'Ce 0f the ' r En : f, � Yor Law Dept Comments: of Law Dept.. KEN ajEPTs Date Forwarded to Mayor �1 Shaded Areas to Be Completed by Administration Staff Received: Recommendations & Comments: Disposition- Date Returned �f lage58'0 • 31/05