HomeMy WebLinkAbout2016-04-04-J01J ICN Agrffl Waukee
■; THE KEY TO GOOD LIVING
AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: April 4, 2016
AGENDA ITEM: Consideration of approval of a resolution approving Agreement 15-109,
Master Agreement for Shared Use Project (Iowa Communications Network)
FORMAT: Consent Agenda
SYNOPSIS INCLUDING PRO & CON: this is an Agreement between the City of Waukee and the
Iowa Communications Network for the shared installation, use and
maintenance of communications facilities and services within Waukee. The
primary reasons for the Agreement are to connect Public Safety with the State
of Iowa Public Safety network and to start a pathway connection to Westcom.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSIONIBOARDICOMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
II. ICN/City of Waukee Agreement
PREPARED BY:
REVIEWED BY:
Beth Richardson
John Gibson
PUBLIC NOTICE INFORMATION —
NAME OF PUBLICATION:
DATE OF PUBLICATION:
THE CITY OF WAUKEE, IOWA
RESOLUTION 16-
APPROVING AGREEMENT 15-109, MASTER AGREEMENT FOR SHARED
USE PROJECTS (IOWA COMMUNICATIONS NETWORK
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas
County; AND,
WHEREAS, on February 2, 2015, the Waukee City Council approved entering into a
28E agreement related to Ownership and Operation of a Consolidated Dispatch Center
for Police, Fire and Emergency Medical Services (hereinafter referred to as "Westcom")
(Resolution #15-046); AND,
WHEREAS, in order to connect Waukee Public Safety with the State of Iowa public
safety network and to begin a pathway connection to Westcom, an Agreement between
the City of Waukee and the Iowa Communications Network is proposed for the shared
installation, use, and maintenance of communications facilities and services within
Waukee; AND,
WHEREAS, the City Attorney has reviewed the proposed agreement and finds it
satisfactory.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in
session this 4ch day of April, 2016, that the Agreement 15-109, Master Agreement for
Shared Use Projects (Iowa Communications Network) is hereby approved.
Attest:
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Shelly Hughes
Larry R. Lyon
Rick Peterson
William F. Peard, Mayor
AYE NAY ABSENT ABSTAIN
AGREEMENT 15-109
MASTER AGREEMENT FOR SHARED USE PROJECTS
THIS AGREEMENT is made on by and between the State of Iowa, Iowa Telecommunications and
Technology Commission operating the Iowa Communications Network, (collectively the "ICN") and the City of
Waukee ("Waukee" or "City"). ICN and Waukee may also be referred to as the "Parties" or "Party" as the context
allows.
In consideration of the mutual covenants contained in this Agreement, the sufficiency of which is
acknowledged, the parties agree as follows:
This Agreement sets forth the initial terms and conditions which will apply to the ICN and City relating to the
shared installation, use, and maintenance of communications facilities and services within the City of Waukee,
Iowa.
SECTION 1. IDENTITY OF THE PARTIES.
1.1 The Iowa Telecommunications and Technology Commission operating the Iowa Communications Network
is authorized by Iowa Code Chapter 8D to operate a communications network in the State of Iowa. The Iowa
Communications Network's address is 400 East 141" Street, Grimes State Office Building, Des Moines, Iowa 50319.
1.2 The City of Waukee is a municipality and political subdivision of the State of Iowa incorporated in
accordance with the relevant provisions of Iowa law. The City's Administration Offices location is: 230 West
Hickman Road, Waukee, IA 50263.
SECTION 2. DEFINITIONS. The following words shall have the meanings set forth below. Words in the singular
shall be held to include the plural and vice versa.
2.1 "Agreement" means this document and any amendments to this document or any other documents
specifically incorporated into this agreement by reference.
2.2 "Cable Locates" or "Locates" means the identification of utilities through the Iowa One Call Center (IOC)
pursuant to Iowa Code chapter 480.
2.3 "Dark Fiber" means a number of fibers, normally expressed in number of glass strands unless otherwise
stated, between two specified locations that have no optronics or electronics attached to it, thus no
light/communications signal being transmitted through the fiber.
2.4 "Designated Fiber" shall mean the Fiber as identified in each Amendment, Appendix and Exhibit.
2.5 "City' means the City of Waukee Iowa.
2.6 "City Duct" means a buried conduit or HDPE duct for the purpose of enabling the installation of one or more
fiber optic strands installed by, owned by (jointly or individually) or allocated to the City, identified on the Exhibit(s)
attached hereto.
2.7 "City Equipment" means facilities or equipment provided, owned or installed by City in, around or on the
Designated Fiber.
2.8 "Fiber" means a glass strand or strands which is/are protected by a color -coded buffer tube and which
is/are used to transmit a communication signal along the glass strand in the form of pulses of light.
2.9 "Fiber Segment" means the length of similar fiber and fiber count between designated access splice points.
2.10 "ICN" means collectively the Iowa Telecommunications and Technology Commission operating the Iowa
Communications Network.
2.11 "ICN Network" means the communications system operated by the ICN, as such systems exist now, and
as it is modified from time to time.
2.12 "IRU" or "Indefeasible Right to Use' means the exclusive, unrestrictive and indefeasible right to use the
relevant capacity (including equipment, fibers or capacity) for any legal purpose.
2.13 "Lit Fiber" means fiber-optic cable which is actively carrying a signal.
2.14 "Link Segment' means a specified length of fiber optic cable connecting two points. It may be a specified
portion of a larger fiber optic cable network or it may be the entire network.
2.15 "OTDR" means Optical Time Domain Reflectometer which is the optical -fiber test instrument capable of
measuring loss characteristics and displaying faults, splices, and other fiber events in single mode and multi -mode
optical fibers.
2.16 "Other Fiber Owners or Lessees" means all others, either now or in the future, that obtain ownership of or
lease rights to Dark Fiber strands or sheath.
2.17 "Proportional Share" shall mean the number of Fibers, for each the ICN and City, within the sheath.
2.18 "Re -locate' shall mean when it is necessary to Re -locate a current fiber facility to a different location.
2.19 'Restoration' shall refer to restoring fiber optic cable to service after damage or cut incident.
2.20 'Route Maintenance' related to cable and the route/right of way (ROW) shall refer to repair of areas of
exposed cable or degraded ROW, for example due to erosion or poor initial installation.
2.21 "State" means the State of Iowa and all of its agencies, boards, and commissions, including the ICN.
2.22 "SUP" shall mean Shared Use Project as identified and described in each Amendment added to the
Agreement.
SECTION 3. SCOPE OF WORK.
3.1 Scope of Services. Each SUP performed under this agreement must be set forth, in writing, in a Scope
of Services document, that will be incorporated into this agreement via an Amendment to this agreement, which
shall be signed by both Parties.
3.1.1 Each SUP Scope of Services document shall at a minimum identify and address the following:
• City Project Number
• Location of the project
• Description of the project
o Specific end points
o Length of segment
o Line drawings
• Duration of the term for the project.
• Fiber Route, fiber count, Fiber allocation and shall identify additional parties involved
• Fiber map
• Responsibilities of each Party
• Ownership of the fiber
• Fiber maintenance responsibility
o If the ICN or the City are not providing maintenance and restoration, the amendment shall
identify the service provider and the service levels for advance notice of maintenance
activity and restoration times, in the event of a cable cut.
• Fiber repairs and restoration
• Telecommunication Services related to the SUP
• Project financials (costs and obligations)
• Which Party bears cost for future locates
• Which Party bears cost for future relocates
3.2 Amendments to Scope of Services and Specifications. The parties agree that a Scope of Services
document referenced in sections 3.1 and 3.1.1 and the specifications contained therein may be revised, replaced,
amended or deleted at any time during the term of this Agreement to reflect changes in service or performance
standards only upon the mutual written consent of the parties.
3.3 Industry Standards. All splicing services rendered pursuant to this agreement shall comply with the
Standards set forth on Exhibit A attached ("Splicing, Testing and Acceptance Standards for single mode fiber")
which is incorporated into this agreement by reference. All other services rendered pursuant to this Agreement shall
be performed in a professional and workmanlike manner in accordance with the terms of this Agreement and with
generally acceptable industry standards of performance for similar tasks and projects. Any services performed in
violation of these standards will be corrected at no cost to the affected Party, such that the services are rendered in
the above -specified manner.
3.3.1 As a general practice, the Designated Fiber optic cable shall be buried versus aerial, unless
determined by mutual agreement of the parties, to be more economically feasible for short sections; i.e.
rock area.
3.4 ICN and City Contact procedures are listed in Exhibit B, Maintenance and Support Contacts and On Call
Procedures, which are attached and incorporated into this agreement by reference. Upon the addition of each SUP
Scope of Services document to the Agreement pursuant to sections 3.1 and 3.1.1, the Parties shall review the
information contained in Exhibit B and update the information if necessary.
3.5 Non -Exclusive Rights. This Agreement is not exclusive. The ICN and City reserve the right to select other
Vendors to provide services similar or identical to the services referenced in this Agreement or set forth in the
Scope of Services documents referenced in sections 3.1 and 3.1.1 of this Agreement during the term of this
Agreement.
3.6 ICN Property. Except as provided in a specific project attachment, the City shall not, and shall not permit
others, to rearrange, disconnect, remove, attempt to repair, or otherwise tamper with any ICN property without the
written consent of the ICN. The Parties agree that no party other than the ICN or a contractor under the direct
supervision of the ICN shall be permitted to perform maintenance or splicing on the Fiber.
3.7 City Equipment. The City shall have sole responsibility for installation, testing and operation of City
Equipment. The ICN shall not be responsible for the operation or maintenance of any City Equipment. The ICN
shall not be responsible for the transmission or reception of communications or signals by City Equipment or for the
quality of, or defects in, such transmission or reception.
SECTION 4: COMPENSATION.
4.1 Payment Terms. Upon completion of the services, duties and responsibilities that a party is required to
provide under a SUP Scope of Services document referenced in sections 3.1 and 3.1.1, each party shall submit
itemized invoices to the other party that identify the services provided in connection with the Scope of Services
document and the amount claimed for the services provided. All approved invoices will be paid in arrears and in
conformance with Iowa Code. Either party may vary the terms of this provision by paying the invoice in less than
60 days as provided in Iowa Code. However, an election to pay in less than 60 days shall not act as an implied
waiver of Iowa Code. Any sums owed by the other Party shall be itemized and added to the invoice prior to
submission. If either Party disputes the amount of any invoice, the Party will notify the other party of the dispute
within 30 days of receipt of the invoice. Payment of the disputed amount may be withheld until the dispute is
resolved.
4.2 The Compensation section of each Scope of Services document incorporated into this agreement via
Amendment under section 3.1 and 3.1.1 above, attached to Master Agreement 15-109, shall be reviewed thereafter
every 36 months from the initial date of execution.
4.2.1 When reviewing the Compensation section of
services, internet bandwidth) and infrastructure (e.g.
both one-time and ongoing, shall be considered.
each Amendment the value of services (e.g., locate
fiber optic cable, conduit) provided by ICN and City,
SECTION 5: TERM. This Agreement is effective upon signature of all parties and will continue for 20 years or until
either Party provides notice as detailed in Section 10.
SECTION 6. COLLOCATION. To the extent that City wishes to collocate equipment in any ICN facility, the Parties
shall enter into a separate collocation agreement for each site.
SECTION 7. EXCLUSION OF WARRANTIES. THE ICN MAKES NO WARRANTY TO THE CITY OR ANY OTHER
ENTITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE INSTALLATION, DESCRIPTION,
QUALITY, MERCHANTABILITY, COMPLETENESS, USEFUL LIFE, FUTURE ECONOMIC VIABILITY, OR
FITNESS FOR ANY PARTICULAR PURPOSE OF THE DESIGNATED FIBER, ANY FIBERS, OR THE SYSTEM,
OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED AND
DISCLAIMED,
SECTION 8. INDEMNIFICATION.
8.1 The ICN and the City shall, only to the extent consistent with Article VII, Section 1 of the Iowa Constitution
and Iowa Code Chapters 669 and 670, indemnify and hold each other harmless from and against any and all costs,
expenses, losses, claims, damages, liabilities, settlements and judgments arising directly out of the negligence or
wrongful acts or omissions of any employee of the ICN and the City, respectively, while acting within the scope of
the employee's office of employment in connection with the performance of this Agreement.
8.2 Nothing contained herein shall operate as a limitation on the right of either party hereto to bring an action
for damages against any third party, including indirect, special or consequential damages, based on any acts or
omissions of such third party as such acts or omissions may affect the construction, operation or use of the
Designated Fiber or the ICN Network; provided, however, that each party hereto shall assign such rights or claims,
execute such documents and do whatever else may be reasonably necessary to enable the other party to pursue
any such action against such third party.
SECTION 9. LIMITATION OF LIABILITY. Notwithstanding any provision of this Agreement to the contrary, in no
event shall either party be liable to the other party for any special, incidental, indirect, punitive or consequential
damages, whether foreseeable or not, arising out of, or in connection with, transmission interruptions or problems,
or any interruption or degradation of service, including, but not limited to, damage or loss of property or equipment,
loss of profits or revenue, cost of capital, cost of replacement services, or claims of customers, whether occasioned
by any construction, reconstruction, relocation, repair or maintenance performed by, or failed to be performed by,
the other party or any other cause whatsoever, including, without limitation, breach of contract, breach of warranty,
negligence, or strict liability all claims for which damages are hereby specifically waived.
SECTION 10. TERMINATION.
10.1 Termination for Cause. In the event a breach of this agreement occurs, the non -breaching party may give
written notice, pursuant to section 11.8, to the party that committed the breach, which notice shall advise that party
of the specific facts and circumstances that constitute a breach of the agreement and further advise the party that it
has 30 days to cure or correct the breach. If the breach is not cured or corrected at the end of this 30 day period,
the non -breaching party shall have the right to terminate this agreement at the end of a 180 day period, which
period shall start upon written notice, delivered to the party in breach pursuant to section 11.8, of the party's
intention to terminate the agreement in 180 days.
10.2 Termination for Change in Law. Either party, ICN or City, shall have the right to terminate this Agreement
without penalty by giving 180 days' written notice to the other party if one of the following events occurs: (a)
Adequate funds are not appropriated or granted to allow the party to operate as required to fulfill its obligations
under this Agreement; (b) Funds are de -appropriated or not allocated or if funds needed by the party, at the party's
sole discretion, are insufficient for any reason; (c) The ICN's authorization to operate is withdrawn or there is a
material change in the programs administered by the ICN; or (d) The ICN's duties are substantially modified.
10.3 Non -Availability of Funds. Notwithstanding any other provisions of this Agreement, if funds anticipated for
the fulfillment of this contract are at any time not forthcoming or insufficient, either through the failure of the Federal
Government or of the State of Iowa to appropriate funds or through discontinuance or material alteration of the
program under which funds were provided, then City shall have the right to terminate this Agreement without
penalty.
10.4 Termination for Convenience. Following 180 days written notice, either party may terminate this Contract in
whole or in part for convenience without the payment of any penalty or incurring any further obligation to the other
party. Termination for Convenience can be for any reason or no reason at all if it is in the best interests of the
terminating party.
10.5 Disposition of Fiber Optic Cable. If City and ICN are the only Parties within the fiber sheath and in the
event that a Party elects to permanently terminate the use of its Designated Fiber referenced in any document that
has been attached to this agreement or incorporated into this agreement by reference, the cable sheath and
associated components, splicing hardware and any installed underground conduit, all items previously described
will be considered to be abandoned and ownership shall be offered to the other Party at no cost. If either Party
abandons the Fiber, the receiving Party shall be responsible for all costs associated with maintenance and
operation of the cable, including all costs associated with any subsequent cable abandonment by the receiving
Party.
SECTION 11. CONTRACT ADMINISTRATION.
11.1 Amendments. This Agreement may be amended in writing from time to time by mutual consent of the
parties. All Amendments to this Agreement must be in writing and signed by both the ICN and City.
11.2 Third Party Beneficiaries. There are no third party beneficiaries to this Agreement. This Agreement is
intended only to benefit the ICN and City.
11.3 Choice of Law and Forum. The laws of the State of Iowa shall govern and determine all matters arising
out of or in connection with this Agreement without regard to the choice of law provisions of Iowa law. In the event
any judicial proceeding is commenced in connection with this Agreement, the exclusive jurisdiction for the
proceeding shall be brought in Polk County District Court for the State of Iowa, Des Moines, Iowa. This provision
shall not be construed as waiving any immunity to suit or liability including without limitation sovereign immunity in
State or Federal court, which may be available to the ICN, the City, or the State of Iowa.
11.4 Integration. This Agreement, any scope of Services document, Schedule, Addendum, Amendment,
Rider or Exhibit attached to this agreement or incorporated into this agreement by reference, represents the entire
Agreement between the parties and neither party is relying on any representation that may have been made which
is not included in this Agreement.
11.5 Not a Joint Venture. Nothing in this Agreement shall be construed as creating or constituting the
relationship of a partnership, joint venture, (or other association of any kind or agent/principal relationship) between
the parties hereto. No party, unless otherwise specifically provided for herein, has the authority to enter into any
agreement or create an obligation or liability on behalf of, in the name of, or binding upon another party to this
Agreement.
11.6 Supersedes Former Agreements. This Agreement supersedes all prior Agreements between the ICN
and City for the Fiber and services provided in connection with this Agreement.
11.7 Waiver. Any breach or default by either party shall not be waived or released other than by writing
signed by the other party. Failure by either party at any time to require performance by the other party or to claim a
breach of any provision of the Agreement shall not be construed as affecting any subsequent breach or the right to
require performance with respect thereto or to claim a breach with respect thereto.
11.8 Notices. Any and all notices, designations, consents, offers, acceptances or any other communication
provided for herein shall be given in writing by registered or certified mail, return receipt requested, or by receipted
hand deliver, by Federal Express, courier, or other similar and reliable carrier which shall be addressed to each
party as set forth as follows:
If to the ICN: ICN — Contracting
400 East 141" Street
Grimes State Office Building
Des Moines, Iowa 50319
If to CITY: City of Waukee, Public Works
John Gibson, Director of Public Works
805 University Ave
Waukee, Iowa 50263
(515)978-7920
Each such notice shall be deemed to have been provided at the earliest of the following: (a) at the time it is actually
received; or (b) in the case of overnight hand delivery courier or services such as Federal Express with guaranteed
next day delivery, within one day; or (c) in the case of registered U.S. Mail, within five (5) days; or when verified by
automated receipt or electronic logs if sent by facsimile or email. Copies of such notice to each party shall be
provided separately. From time to time, the parties may change the name and address of a party designated to
receive notice. Such change of the designated person shall be in writing to the other party and as provided herein.
11.9 Cumulative Rights. The various rights, powers, options, elections and remedies of either party, provided
in this Agreement, shall be construed as cumulative and no one of them is exclusive of the others or exclusive of
any rights, remedies or priorities allowed either party by law. Nothing in this Agreement shall be construed as
affecting, impairing or limiting the equitable or legal remedies to which either party may be entitled as a result of any
breach of this Agreement.
11.10 Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid or unenforceable, the invalid portion shall be severed from this Agreement. Such a determination shall not
affect the validity or enforceability of any other part or provision of this Agreement.
11.11 Obligations beyond Agreement Term. This Agreement shall remain in full force and effect to the end of
the specified term or until terminated or canceled pursuant to this Agreement.
11.12 Authorization. Each party to this Agreement represents and warrants to the other that it has the right,
power and authority to enter into and perform its obligations under this Agreement and that it has taken all requisite
action (corporate, statutory, or otherwise) to approve execution, delivery and performance of this Agreement. This
Agreement constitutes a legal, valid and binding obligation upon the parties in accordance with its terms.
11.13 Successors in Interest. All the terms, provisions, and conditions of the Agreement shall be binding upon
and inure to the benefit of the parties hereto and their respective successors, assigns, and legal representatives.
11.14 Counterparts and Facsimile Signatures. The parties agree that this Agreement has been or may be
executed in several counterparts, each of which shall be deemed an original and all such counterparts shall
together constitute one and the same instrument. The parties further agree that the signatures on this Agreement
or any amendment or schedule may be manual or a facsimile signature of the person authorized to sign the
appropriate document. All authorized facsimile signatures shall have the same force and effect as if manually
signed.
11.15 Taxes: State and Local. The parties are tax-exempt entities and no payment will be made for any taxes
for any purpose.
11.16 Assignment and Delegation. Neither party to this Agreement shall assign, transfer or convey this
agreement in whole or in part without the prior written consent of the other party.
11.17 Disposition of Duct and/or Fiber Asset. In the event that either party elects to permanently terminate the use
of the Duct and/or Fiber Asset, the identified asset and associated components will be considered abandoned and
ownership shall be offered to the other party at no cost. If either party enters bankruptcy or is sold, the terminating
party will ensure that the new owner of the Duct and or Fiber Asset recognizes the rights of the remaining party.
The remaining party will be offered the option to negotiate an agreement with the new owner or terminate this
Agreement. In the event of any assignment or change in ownership, neither party shall be required to provide
services to unauthorized or approved users, nor does one party have the ability to obligate the other party to
responsibilities without their written approval.
SECTION 12. EXECUTION.
IN WITNESS WHEREOF, in consideration of the mutual covenants set forth above and for other good and valuable
consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have
entered into the above Agreement and have caused their duly authorized representatives to execute this
Agreement.
IOWA COMMUNICATIONS NETWORK
By.,
Printed name:
Title:
Date:
CITY OF WAUKEE
By:
Printed name:
Title:
Date:
EXHIBIT A
SPLICING TESTING AND ACCEPTANCE STANDARDS
for Single Mode Fiber
1. All splices will be performed with an industry -accepted fusion splicing machine as per ICN splicing
specifications.
2. Splices will be qualified during the initial construction by the core alignment system on the fusion splicer.
3. After end -to -end (site -to -site) connectivity on the fibers, the installing contractor will complete bi-directional
span testing. These measurements will be made after all cable installation activities are complete for each
span. Connectors will be cleaned as necessary to ensure accurate measurements are taken.
• Installed loss measurements at 1550nm will be recorded using an industry accepted laser source
and power meter. Continuity testing (checking for "frogging") will be done on all fibers concurrently
• OTDR traces will betaken at 1550nm and splice loss measurements will be analyzed. Bell Core
format will be used on all traces, unless both parties agree to another OTDR format.
• All testing, power levels and OTDR traces will be conducted at 1550nm.
• Installing Agency will pay for the testing at the 1550 level.
• OTDR traces shall be saved in a standard file naming convention.
One set of OTDR traces will be provided to each the CITY and the ICN via electronic format.
4. The splicing standards are as follows:
• The objective loss value of the connector and its associated splice will be 0.50 dB or less.
• The objective for each Fiber within a span shall be an average bi-directional loss of 0.15 dB or less
for each splice. For example, if a given span has 10 splices, each Fiber shall have a total bi-
directional loss (due to the 10 splices) of 1.5 dB or less. Individual bi-directional loss values for
each splice will be reviewed for high losses.
• The aforementioned standards are objectives, not the basis for acceptance. The acceptance
standard for each Fiber per span shall be calculated as follows:
Span Loss = a (span distance in kilometers) + b (0.15 dB/splice) + c (0.50 db/connector)
Where:
a = maximum fiber loss in dB per kilometer for the specific fiber type/manufacturer at
1550nm
b = number of splice locations for the span
c = number of connectors for the span
5. All connector splices will be protected with heat shrinks. Buffer tubes/ribbons will not be split across more
than one splice tray. An industry accepted splice enclosure will be used on all splices.
FIBER STANDARDS
NOTE: Single mode fiber shall meet the SMF-28 standard. If the fiber to be used is existing fiber, previously
installed prior to 1996, the ICN will require the manufacture date of the fiber to ensure compatibility with the balance
of the associated fiber and installation equipment.
NOTE: Multimode fiber shall meet the ISO 11801 standard .The ICN will need to know what classification of MM
fiber it is, OM1 (62.5/125), OM2 (50/125), or OM3 (Laser -Optimized 50/125).
NOTE: As stated in 3.3.1 As a general practice, the Designated Fiber optic cable shall be buried versus aerial,
unless determined by mutual agreement of the parties, to be more economically feasible for short sections; i.e. rock
area.
EXHIBIT B
Maintenance and Support Contacts
and
On Call Procedures
1. Points of Contact. The Parties agree to provide points of contact for purposes of efficient management of this
Agreement, in accordance with the following.
1.1 The ICN's primary point of contact for the City is the ICN Service Desk: Phone 1-800-572-3940.
The ICN NOC is staffed 24x7x365 days a year.
1.2. City Contacts:
Primary contact to CITY (Help Desk, Service Desk- provide appropriate name)
Monday —Friday 8:OOPM to 5:OOPM Phone Number:
After Hours 5:OOPM to 8:OOAM Phone Number:
Escalation personnel:
Name:
Title:
Email:
Phone:
1.3 The Parties shall provide notice of any change in the respective point(s) of contact within 15 working
days by notification via written media.
1.4 Requests for service and information sent by City employees who are not specified point(s) of contact
and/or received by ICN employees who are not specified point(s) of contact in Section 1.2 will be verified
by the proper contacts of both parties before action is taken.
2. Trouble Reporting and Resolution. The ICN shall provide for the following trouble reporting and resolution
procedures:
2.1 The ICN network is monitored 24 hours per day, 7 days per week, utilizing a centralized control center
for real-time status and alarm conditions. The ICN network operations and maintenance are applicable to
all services delivered by the ICN. The ICN Service Desk is the point of contact for trouble reporting. Call
locally 725-4400 or toll free 1-800-572-3940. Phones are answered 24 hours per day. Following are service
standards relative to operations and management of the network
2.1.1 Network Surveillance. The ICN shall observe, monitor, analyze and report on all operations of
the ICN Network. The ICN will identify network failures, troubles or degradation of service on the
ICN fiber. The ICN will monitor the fiber path, but not City traffic. The ICN will notify the City
point(s) of contact of ICN network failures, troubles or degradation of service. Locate and dispatch
technicians when the ICN network experiences failures, troubles, or equipment degradation.
Troubles and adverse network conditions are reported to the ICN Maintenance Supervisor for
escalation or assistance in trouble shooting the problem that has been identified.
2.1.1.1 Trouble Ticketing and Escalation Follow-up. Trouble tickets are opened within 10
minutes of any trouble reported by City, staff, or vendors. Troubles generated by network
surveillance are opened within 20 minutes on major alarms or daily thresholds.
2.1.1.2 All network outages (i.e. fiber cuts) and platform outages (i.e. video platform, internet
and firewall) will follow current ICN Standard Procedures for escalation and resolution.
2.2 Scheduled Maintenance Activities. Unless expressly stated elsewhere in this Agreement, all Parties
whose network traffic may be impaired or affected during the scheduled maintenance will be notified 3
business days before a routine scheduled maintenance window will take place. In the event that an
"Emergency Maintenance Window" is required, the ICN will give City as much advanced notice as possible.
An emergency maintenance window is defined as repair work that is required to restore service that is not
performing to engineered standards. If the scheduled maintenance day or time needs to be altered for City,
every effort will be made to accommodate the request. The ICN will provide notification (via the ICN
MaintList e-mail server system) of scheduled maintenance activities to City points of contact as
maintenance windows are scheduled. City must provide the ICN with valid contact names and telephone
numbers for daytime and after-hours contact. City must also submit their point of contact information for the
ICN to add to the MaintList e-mail distribution system. Routine maintenance is scheduled to be worked
between the hours of midnight and 6:00 AM and is not restricted to any one day of the week or weekend.
The ICN will make every effort to assure that the least amount of disruption of service to our customers as
the result of maintenance work being performed. The ICN also reserves the right to perform network
maintenance as required for the common good of all users of the ICN network. Any maintenance activity
that affects only one ICN customer will be scheduled and approved jointly with the affected customer. All
other maintenance work will be performed by the ICN within its own discretion, within the timeframes stated
within this section and within the notification guidelines also stated in this section, including the guidelines
related to emergency maintenance.
2.3 Cable Locates. When any contractor or citizen of Iowa begins any type of excavating, they are required
to inform the Iowa One Call Center (IOC). IOC will determine the location and call all utilities that may be
affected. Based on the IOC notification, the IOC will dispatch from the locate desk maintenance personnel
to the affected site. Such maintenance personnel will verbally clear the situation, physically mark the
location, and/or stand by the construction site during digging. Measures to be used are determined by the
proximity of the proposed digging to ICN/ City cable.
2.4 Notification of Service Impairments. If service disruptions or degradation of service of any type is
detected through network surveillance, the ICN Service Desk will notify City point of contact or City Help
Desk via phone or via written media, including electronic mail, on the disruption as soon as identified and
affected customers are determined. The ICN Service Desk will give updates on reported or detected
service disruptions or degradation as follows:
2.4.1 Customer updates will be given as requested for Network Outages (including fiber cuts) and
Platform Outages (i.e. Internet) during the standard business hours of 8:00 AM until 5:00 PM
Monday thru Friday. The customer can request continued updates for after hours if a contact name
and telephone number is provided.
2.4.2 CITY is required to notify the ICN Service Desk at 515-7254400 or 800-572-3940, of any
planned outages that will impact the ICN and its ability to provide service to City or other authorized
users. This notification must be provided at least 5 business days before the work is to be done
unless it is an emergency.
2.4.3 24x7 access to City buildings, building demarcation points, communication closets,
equipment rooms, and other locations where ICN delivers either ICN or LEG services is required to
be provided by City to ICN technicians to insure service guarantees and response times to repair.
Access may be arranged via the City Service Desk. Advance notice will be required for escorted
access. If 24 x 7 access is not available to ICN technicians, ICN service guarantees and response
times to repair will not be honored. Escorted Access will be provided to the ICN on a 24 x 7 basis.
If ICN access to City facilities is necessary due to a City request or requirement, the ICN shall not
be charged an escort fee.
2.5 Due to the urgent nature, trouble calls shall be made to the ICN Service Desk via telephone:
2.5.1 Local (within Des Moines calling region) at 515-725-4400.
2.5.2 Outside Des Moines calling region at 1-800-572-3940.
10
2.6 Customer Requested Escalations:
2.6.1 Other ICN inquiries, including but not limited to billing, account history, status of service
installation, and existing services in production, are to be addressed to ICN Customer Service and
Support (CSS) Phone 1-877-426-4692.
2.6.2 The ICN shall provide for trouble and inquiry resolution as follows: The ICN shall respond
within 1 business day of an City escalation request with updates, plans and/or resolutions followed
by written or electronic confirmation of the updates, plans and/or resolutions within 3 business
days.
2.6.3 Other inquiries, as noted in 2.6.1 above, within 3 business days after receipt of the inquiry by
the ICN, the ICN and City shall mutually agree to a upon the path to the inquiry resolution.
2.7 City and the ICN will conduct periodic review of problems and develop procedures for outage and
problem discussion and service improvement efforts. Examples include but are not limited to: chronic and
recurring problems and major outages.
Schedule A.1
Scope of Services
City of Waukee and ICN: Initial Network Exchange
PROJECT DESCRIPTION: The City of Waukee and ICN have agreed to an exchange of facilities in order to extend
the Waukee and ICN fiber optic networks.
Waukee will provide the ICN access to 12 fibers (one tube on the Waukee fiber optic cable) over the existing
Waukee city ring network as depicted on Schedule A.1 Appendix 1, Designated Route and Fiber Assignment
Matrix with Responsibilities and Overview Map in exchange for the ICN providing a new fiber segment (to be
constructed) along Hickman Road between SE Waco Place/Berkshire Parkway (existing Waukee fiber) to NW
142nd St (existing City of Clive fiber) as depicted on Schedule A.1 Appendix 2, Designated Route and Fiber
Assignment Matrix with Responsibilities and Overview Map.
WAUKEE RESPONSIBILITIES: Waukee will own and maintain their network as detailed below under Appendix 1.
ICN RESPONSIBILITIES: The ICN will own and maintain the new segment of fiber cable along Hickman Road
between SE Waco Place to NW 142"d as detailed below under Appendix 2.
ICN PROPERTY: Except as provided in the Installation of Waukee Equipment section of this Scope of Services,
Waukee shall not, and shall not permit others, to rearrange, disconnect, remove, attempt to repair or otherwise
tamper with any ICN property without the written consent of the ICN. The Parties agree that no party other than the
ICN or a contractor under the direct supervision of the ICN shall be permitted to perform maintenance or splicing on
the Fiber. Splicing and Maintenance information is more fully explained in Exhibits A & B attached to the
Agreement.
WAUKEE PROPERTY: Except as provided in the Installation of ICN Equipment section of this Scope of Services,
ICN shall not, and shall not permit others, to rearrange, disconnect, remove, attempt to repair or otherwise tamper
with any Waukee property without the written consent of the Waukee. The Parties agree that no party other than
the Waukee or a contractor under the direct supervision of the Waukee shall be permitted to perform maintenance
or splicing on the Fiber. Splicing and Maintenance information is more fully explained in Exhibits A & B attached to
the Agreement.
FIBER MAINTENANCE:
A. Except as stated below related to fiber repairs to Waukee owned fibers segments IRU'd to ICN pursuant to
this agreement, The Fiber Segment owner or its authorized contractor shall perform all maintenance on the Fiber,
including any Fiber repairs, Fiber restoration, and Fiber relocation that may become necessary during the term of
this Agreement. If a Fiber Segment owner incurs any costs associated with Fiber repairs, Fiber restoration, or Fiber
relocation, the owner shall be reimbursed based upon the other party's proportional share of fibers. In the event
that the fiber repairs are necessitated by fiber damage caused by a third party, Fiber Segment owner will first
attempt to recover the cost of repair from the negligent third party. If Fiber Segment owner is unable to recover the
full cost of damage repair from the third party, the parties shall proportionally share of the costs for the repair. In
the event of a fiber cut or other need for an emergency repair, upon notification by the other party, the Fiber
Segment owner shall commence to respond to correct the interruption in service. In the event of a service
interruption, the parties shall contact each other at the numbers listed in Exhibit B. Upon repair and when
appropriate, the party performing the repairs will invoice the other party for their proportional share of the costs for
the repair.
B. If Waukee or a contractor operating under the direction of Waukee performs any activity, such as, but not
limited to: splicing, accesses splice cases, or performs any other procedure that could accidentally disrupt the
passage of light in the Fibers or otherwise directly impact the ICN's designated fibers, the activity must be
preplanned five (5) working days in advance and performed during established ICN Maintenance Windows
(normally midnight - 6 AM.) Waukee shall call the ICN Service Desk at 515-725-4400 or 1-800-572-3940 to
establish all maintenance windows. Waukee may modify its designated Dark Fiber by splicing, terminating, or
otherwise extending its facilities. The five working day notice does not apply to emergency repairs.
12
C. Cable damage or fiber cuts are designated as "interruptions of service" and must be acknowledged by
Waukee within 30 minutes of notification by the ICN Service Desk. Service restoration standards as follows must be
met. Timeframes beginning with notification or knowledge of outage are not to exceed:
A. Technicians on site of suspected fiber cut Two (2) hours
B. Identification of cut location and damaged fibers Four (4) hours
C. First fiber is restored Six (6) hours
D. All fibers spliced and all services restored Eight (8) hours
D. Within Waukee owned fiber segments, if Waukee or a Waukee authorized contractor is unable to restore
service to the ICN designated fiber within the time frames listed above, Waukee will grant the ICN reasonable
access for ICN and/or ICN authorized contractors to restore the interrupted service on the fibers ICN has an
IRU. ICN shall incur the cost to repair the fibers IRU'd to ICN to restore ICN services. Waukee will utilize its
contractor to repair the balance of their owned fibers and the infrastructure for the permanent repair.
If a service interruption occurs within a Waukee owned fiber segment, Waukee will first seek
reimbursement from the at fault third party. Reimbursement sought, by Waukee from the at fault third
party shall include the costs ICN incurred to repair its IRU'd fibers. Upon collection by Waukee,
Waukee shall reimburse the ICN for its repair costs.
E. Unless otherwise specifically provided in this agreement, the ICN and Waukee shall proportionally share
costs as they relate to, but not limited to, changes, upgrades, and emergency repairs, etc. that are or may be
required in order to maintain proper operation of the IRU'd fiber located within the City Limits of Waukee. Cost
sharing shall be calculated based on each Party's proportionate share of fibers within each fiber segment.
• If cable changes or modifications, except relocates or moves, to IRU'd fiber are at the request or
requirement of Waukee or ICN, the requesting/requiring Party shall be responsible for the associated
costs.
• If cable located within the City of Waukee is requested or required to be moved or relocated by
Waukee, the cost shall be shared proportionally between the ICN and Waukee.
• If the fiber located with the City limits of Waukee must be moved or altered at the request or
requirement of a third party, and if the cost is unable to be recovered from the third party, the cost shall
be shared proportionally between the ICN and Waukee.
• If Waukee or ICN allocates some of their fibers to other entities, it shall be the fiber owner's
responsibility to collect the fair/proportional share of costs for relocates and/or repairs from those
entities.
F. ICN shall save and hold Waukee harmless from any and all third party claims, demands, suits, and/or
damages, including but not limited to attorney's fees, expenses and costs incurred by Waukee in defending the
same, that may arise by virtue of an "interruption of service" in ICN owned fiber segments, and/or Waukee owned
fiber segments, regardless of cause. ICN further agrees that it shall not seek, or otherwise be entitled to,
compensation or otherwise claim damages of any kind or nature from Waukee for any "interruption of service" that
may occur in any Waukee owned fiber segments, including but not limited to those IRU'd to the ICN pursuant to this
agreement, regardless of cause.
COMPENSATION: No fees will be exchanged between the Parties for use of the conduit, installation of cable and
initial splicing of the cable.
TERM: The Term of this Amendment shall be coterminous with Master Agreement 15-109.
13
APPENDIX 1: Waukee Routes
Designated Route and Fiber Assignment Matrix with Responsibilities
Description of Route & Fiber Assignments:
Waukee will provide the routes as depicted on Appendix 1; Overview Map, The Overview Map depicts the
segments to be allocated to the ICN with a chart containing segment, fiber count, and ICN allocation.
Waukee Responsibilities/Ownership:
A. Non -Recurring Fiber Fee: N/A
B. Annual Maintenance Fee: N/A
C. Non -Recurring Installation Charges: N/A
D. Collocation Required: N/A
E. Locate Responsibility: City of Waukee
F. Maintenance Responsibility: City of Waukee
G. Relocation Responsibility: City of Waukee. Proportionate sharing based on allocation of fibers
within the City limits of Waukee.
H. Term: Coterminous with the Master Agreement
APPENDIX 1
Route Overview Drawing
As-builts shall provide cable routes and fiber access points.
8 HI� C M —`7
ail) 12�
o
�
`1
O
I=-
:INRaxY
N
U
o
H
H
24
`% \..3
,it:
.•I)i__'
:IH�
u LI
p
IJi
elaaei +.•me rvr ry v« I:I-Ncoe x�.vcne
LL
II
It
it
PAI R IfTn
a110 E
Kulimi 1_ oc 4RIrvu
[t ESRE
{ --��
"s
llltw
H) I
WESTOWN
; .� •
i.iry iN I uL�
.
11
ll.
0 It. cNONET
II
�7 ExI511xR TIaFFlc sN;Nuw:allps'p[niyl[R
�ttl Nmn. TxaFclr. AlcNN_w:aFNslnercryH[R
ASHWORTH
— FX6TING lIBERNETYORK
I"J
— FUTCNE FIBER. 1.1K
#' H CRSOG..I W111111A
r-9
FIBER OPTIC
NETWORK
AGREEMENT
EXHIBIT FOR
CITY OF WAUKEE & ICN
$FYOEN 6 PssacllTEs
aWe3.ID15
F.gSnmwHw�n
£ECIIENT
f10-R
COUNT
ICN
AiIOCATI^N
'
IL(.
2 A SA1
'•v, 41.1 :{I 111I11I�'
i
C{`
32tiI5M
lC Al ! I t IUtl
R[
1)tl .M11
1 .4M �• I I Illy
E-F
2- SM : I I T
ec
12cI sM
]e.c n+ r Fi E N.
GII
JA$M:2.SMMSM-i�ZTNTJRF
3 uM1
I � - 4EEH TUB'
IJ
JXSM1VlJMM
Rv.+tlM-[At£FFI IUHF
Jds'fNd 11'
C - q_[N TUBF
lu
/2K.I sn1
1nY. EM-wNrl loss
;cnl
„-: M
^nRM-:vin-.rlB,-
Y
32u19M
t[ra' "JH't lVb£
(}Y
TH.I SA1
12c 5M-WIII'{II18E
14
APPENDIX 2: ICN Routes
Designated Route and Fiber Assignment Matrix with Responsibilities
Description of Route & Fiber Assignments:
ICN will own and provide the route as depicted on Appendix 2; Overview Map. The chart below depicts the
segment to be allocated to the ICN with a chart containing segment, fiber count, and ICN allocation.
ICN Responsibilities/Ownership:
A. Non -Recurring Fiber Fee: N/A
B. Annual Maintenance Fee: N/A
C. Non -Recurring Installation Charges: N/A
D. Collocation Required: N/A
E. Locate Responsibility: ICN
F. Maintenance Responsibility: ICN
G. Relocation Responsibility: ICN. Proportionate sharing based on allocation of fibers within the City
limits of Waukee.
H. Term: Coterminous with the Master Agreement
Fiber Allocations ICN Ownership:
Sheath Identifier
Tube/Stand Identifier
IRU Assignment
Hickman Road: SE Waco Place
to NW 142nd Street
48 ICN, 24 Waukee
72 Strand Single Mode Sheath
Blue
Waukee
Orange
Waukee
Green
ICN
Brown
ICN
Slate
ICN
White
ICN
15
APPENDIX 2
Route Overview Drawings — New 72 fiber cable installation
As-builts shall provide cable routes and fiber access points.
Project Location
Waukee
Clive .._... "
'
Iowa
-..
Iowa
Al"194
tti32171i
r
0+00
"' Pull through Existing
32+76 to 87 44
t
New construction to 1+94
Waukee Schools 2" HDPE New ConSVuction
5
..
-� to\1i Co\I\Il lC 1il0\5 2i150RR
•"CN• ,�,o mow, c.1.
��
.�•
Pr) tr\ me H¢Amao RoadRtukee Clne
\ddress H rLsbue Pl to\\\14?ud Sr
osP Numbe ±:160±os
t
IPNnI`
s
s
Pory lof l6.
16