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AG 03-144DAT..F/IN. I IDATEOUT:i I TO:, . I , aTY WAY L^W D P^Rm .T REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP ORIGINATING DEPT./DIV: ~ ~ ~ ? ~ ' ' ,. , t. ORIGINATING STAFF PERSON: __ EXT: l./jr! 9~_.. 3. DATE REQ. BY: TYPE OF DOCUMENT REQUESTED (CHECK ONE) PROFESSIONAL SERVICE AGREEMENT MAINTENANCE/LABOR AGREEMENT PUBLIC WORKS CONTRACT SMALL PUBLIC WORKS CONTRACT (LESS THAN $200,000) PURCHASE AGREEMENT) (MATERIALS, SUPPLIES, EQUIPMENT) U REAL ESTATE DOCUMENT SECURITY DOCUMENT (E.~. AGREEMENT & PERF/MAIN BOND: ASSIGNMENT OF FUNDS IN LIEU OF BOND CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) CONTRACT AMENDMENT AG#: CDBG OTHER 2-':[: . .. i. : ' PROJECT NAME: ! ~'/~. .,-i :'.. , ~':; ~ : ,, :'.,.: NAME OF CONTRACTOR: i ~, .. - , , / ~. ~ , : ! ...... 'i TELEPHONE ADDRESS: -'.. I :-" t ~ ? ~ . .',~-:,"i' '~. ,'i~ ,, [~ ¥'/r~t.:(, , ~ SIGNATU~ NAME: ; , ', .' ', TITLE ATTACH ALL E~IBITS AND CHECK BOXES E SCOPE OF SERVICES ~ ALL EXHIBITS ~FERENCED IN DOCUMENT ~ INSU~NCE CERTIFICATE ~ DOCUMENT AUTHORIZING SIGNATURE 7),?oo3 O PL TIOND T : TOTAL COMPENSATION $ (INCLUDE E~ENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY ~TES) REIMB~SABLE EXPENSE: U YES ~ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ ~s SAL[S T~X OWeD YES [] NO IF YES, $ PAID BY: [~ CONTRACTOR i CIT 10. 11. CONTRACT REVIEW I~--T INITIAL/DATE APPROVED N' PROJECT MANAGER 2, [ i ' '; ,, ' ~DIRECTOR q]'~ l ~:~ E '~.'g,,g4'G 7~(-.lrl <~ K MAN~NT D'LAW I '~:~' '-/'; / ~_;'~ ~, I : ,/"~.~ :~:~ D~_.~. ~ CONT~CT gIONATU~ ROUT~G INITIAL/DATE APPROVED ~LAW DEPARTMENT q/q/~ ~/~/Oa j~ ~s~N COPY~CKTOORO~aT~O D~PT. ~~~,~Zf.~ ~i P~iNG: PL~ Ot INITIAL/DATE APPROVED INITIAL/DATE APPROVED 04/04,'02 ORI61NAL POLE ATTACHMENT AGREEMENT This A~eem~t, dated ~ of ,2003, is made ~ ~d be~een Puget Sold En~, hc., a W~n~on co~orafion ~uget"), ~d the CiW of Fed~fl Way, a W~hn~on m~cipfl ~oration ("F~eral Wa~').~ 1. Puget h~eby ~ts to Federal Way ~ission, on ~e t~s ~d ~ndifions specifi~ in ~s A~ement, to install, maint~n ~d use F~erfl Wa~s int~al m~mcation cable on 13 of Puget's poles, ~ desi~at~ on Appendix A ~d made a p~ hereof. F~erfl Wa~s ~mcation ~nductor ~d related equipment (~e "~uipment") ~nsists of ~affic si~fl int~ecfion cable locat~ along SW 312~ S~eet be~een 8~ ~d 14~ avenues. 2. ~e Te~ of ~s A~ement shill ~ence as of the date of ~s A~ent ~d shill t~inate on ~e e~li~ of~e follo~g m o~: (a) Upon ~y five-ye~ ~v~s~ of~e ~encment of~e T~, prohd~ ~at ei~ p~ h~ ~ven ~e o~er ~en notice of te~ination at le~t sixW (60) days prior to such ~vers~; or ~) Wfi~en notice of t~ination is ~ven by Puget to F~eral Way upon F~erfl Wa~s faille to c~e ~y default ~der or breach of ~s A~ement by Federal Way ~ (30) days a~er Puget ~ves Federal Way ~en notice of such default or breach. 3. Upon execution of ~is A~e~ent, Federal Way shall pay to Puget ~ application processing fee in ~e mount of $100 per pole. 4. ~e pemssion g~ted h~ein is pemonal to Federal Way ~d shall not be ~si~ in whole or in p~ wi~out prior ~en consent of Puget. 5. Federal Way shall install the Equipment ~d, threader, at all times maintain ~d opiate such Equipment in a skillhl, lawhl, ~d proper m~er satisfacto~ to Puget. Federal Wa~s ~stallafion ~d operation of the Equipment shall not in ~y way interfere ~ ~y power line, telephone line or o~er facility a~ach~ to Puget's poles that predates installation of the Equipment. 6. F~al Way shall bern all expenses in m~ection wi~ ~e inst~lation, operation, ~d r~oval of the Equipment. 7. ~ ~e event of ~ ~ergency, Puget may relocate the Equipment ~d t~e such o~er action affecting the Equipment ~ Puget deems appropriate in ~e circmst~ces. Federal Wa~s emergency phone numbers ~e 253-661-4131 da~ime ~d 206-296-8100 at all o~er times. 8. Wi~in t~ (30) days of ~e te~ination of ~e Te~ of t~s A~eement, Federal Way shall remove ~e Equipment ~om Puget's poles. At ~e expiration of such ~ (30) days all fi~ts of Federal Way to use such poles shall te~inate. If Federal Way fails to remove ~e Equipment ~om such poles wi~in such time, Puget shall have ~e right to do so at F~eral Wa~s expense. Such removal, whether by Puget or F~eral Way, shall not release Federal Way ~om ~y obligation accruing prior to, or ~sing out of ~y incidence whch occurs prior to, such removal. ORIGINAL Pole Attachment Agreement Page 2 9. Any notice to Federal Way hereunder shall be deemed given three (3) days following the date of its deposit ina United States post office enclosed in an envelope, postage prepaid, and addressed to Federal Way. 10. Federal Way has obtained or hereby agrees to obtain from public authorities and private owners of real property any and all permits, licenses or grants necessary for the lawful exercise of the permission hereby given. 11. To the extent permitted by applicable law, Federal Way releases and shall defend, indemnify and hold harmless Puget from any and all claims, losses, costs, liabilities, damages and expenses (including, but not limited to, reasonable attorneys' fees) arising (whether before or after the termination of the Term) out of or in connection with activities performed under this Agreement, including, but not limited to, the attachment of the Equipment to the poles, the operation of the Equipment during the Term, and the removal of such Equipment; provided, however, that Federal Way shall not be required to so defend, indemnify, or hold harmless Puget from any claim, loss, cost, liability, damage or expense to the extent the same is caused by or results from the negligence of Puget or its agents, employees, or representatives. Federal Way: BY:'~""-//D(~avil H. ~oseley / Its: City Manager Date Signed: ..._~ Address: Attn. Ken Miller, PE Deputy Director Public Works PO box 9718 Federal Way, WA 98063-9718 Puget: Puget S~~~~.~~ By: O'Connor Its: Manager Communication§ Siting Services Date Signed: ~///~~~ Address: Atm. Joint Facilities Administrator P.O. Box90868 GEN-02W Bellevue, WA 98009-0868 Approved as to Form: htr/cia A. Ridl~cis~nI voit~ Attomey -.t.."') --! Z-J 8TH AJ,~- S