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HomeMy WebLinkAboutResolution 99-47 07/19/1999 . . . ,; RESOLUTION -22- ~ AUTHORIZING AND APPROVING THE WILLIAMS COMMUNICATIONS COOPERATIVE FIBER DEVELOPMENT AGREEMENT WHEREAS, Williams Communications, Inc., ("Williams") has applied for a telecommunications license, pursuant to Section 4.602 of the Springfield Municipal Code; and WHEREAS, Williams, in its application indicates that it desires to use certain public ways of the City of Springfield to provide certain telecommunications services; and WHEREAS, Section 4.706 ofthe Springfield Municipal Code authorizes the City Manager to accept in-kind services in lieu of the fees required for use of the public ways; and WHEREAS, The City and Williams have agreed that, in consideration of Williams being granted certain access to use the public ways of the City, the City will accept, in lieu of fees for use of the public way, six pairs of fiber optic cable, and certain other goods and services more particularly set forth in a written agreement, under certain terms and conditions; and WHEREAS, the City and Williams have prepared a written agreement which reflects the terms and conditions of such use ofthe public ways and the transfer of certain fiber optic cable and other goods and services (the "Cooperative Fiber Development Agreement"); and WHEREAS, the City Manager has submitted the Cooperative Fiber Development Agreement to the ' council for its review and approval in the form of a draft agreement dated July 9, 1999, (the "Draft Agreement"), a copy whereof, marked Exhibit A, is attached hereto and incorporated by reference herein, accompanied by certain material reviewing and commenting upon the Draft Agreement, and has recommended that the Cooperative Fiber Development Agreement be approved; and WHEREAS, the Council has reviewed the terms ofthe Cooperative Fiber Development Agreement and is fully informed as to the contents thereof, and has determined that it is in the public interest to enter into the Cooperative Fiber Development Agreement; NOW THEREFORE, BE IT RESOLVED, that the common Council of the City of Springfield finds and determines that it is in the public interest to enter into the Cooperative Fiber Development Agreement and the Cooperative Fiber Development Agreement is hereby approved; and BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and directed to , execute the Cooperative Fiber Development Agreement substantially in the form of the Draft Agreement, with such changes or amendments thereto as he shall determine to be necessary to ,'f" J Resolution 99-47, page 2 . effectuate the direction of the Council and give effect to the terms of the Agreement, such determination to be evidenced by his execution of the Cooperative Fiber Development Agreement. Adopted by the Common Council ofthe City of Springfield, Oregon, this 19th day of July , 1999. Adopted by a vote of ~ for and ~ against. ~'jA~ Mayor ATTEST: q2l~ ( ;.JtJ.J\J.N City Recorder . i4EVIEWED & APPROVED A~RM ~ ' - - ,\p ~ \.~ DATE: -=:\-\-L'-\ ~ '\ OFFICE OF CITY ATTORNEY . COOPERATIVE FIBER DEVELOPMENT AGREEMENT Between City of Springfield a municipal corporation, ahd WILLIAMS Communications, Inc., a Delaware corporation RECITALS WHEREAS the City of Springfield (hereafter "the City") has authority over actions taking place within the City, including within the City road right:-of-way; and WHEREAS the City desires to facilitate the construction and installation of fiber optic systems in and around the City; and WHEREAS representatives of the City and other representatives from associated cities and counties have met and have agreed in principle to form a consortium ("Consortium") and to work cooperatively to fulfill the purposes outlined in this Agreement; and WHEREAS this Agreement reflects an understanding concerning joint support and action among several local governments including but not limited to Coos County, Douglas County, Lane County, and the cities of Band on, Coos Bay, Coquille, Reedsport, Florence, Roseburg, Drain, Creswell, Springfield and Eugene, and reflects a portion of the mutually beneficial actions identified by the local governments; and WHEREAS WILLIAMS Communications Group (hereafter "WILLIAMS") has applied for several permits from several local, state and federal agencies, and seeks approval to allow construction of a fiber optic system, including a redundant route, from the Oregon Coast in the vicinity of Bandon, Oregon, up the coast to a point near Florence and then inland through Eugene and Springfield to Jasper, and from the coast highway east to near Roseburg and then north through Drain and Creswell to Jasper; and WHEREAS WILLIAMS desires to offer the City, on behalf of the Consortium of local governments, in-kind goods and services in return for the City's assistance and as an alternative to any required right-of-way fees that the Consortium oflocal governments might charge. July 9, 1999 Attachment B, Page 1 of 13 Page 1 AGREEMENT 'NOW, THEREFORE, it is agreed that: A. In return for the City's promises and in fulfill~ent of its obligations under this Agreement and any releyant City ordinance, WILLIAMS agrees to: 1. Provide, collectively to the City and all other cities and counties acting on behalf of, and in anticipation of, an entity known as the "Fiber South Consortium", the following equipment and services. Each and every obligation to provide this equipment and service shall be transferable and shall be accepted by any entity that obtains by transfer, sale, assignment, or other method of acquisition any of the properties, rights, obligations, facilities or equipment related to or necessary for the fulfillment of this Agreement. a. An Indefeasible Right of Use ("IRU") (fora period of20 years, with negotiations on renewal to begin after 17 years) for six pairs (twelve total optical fibers) of optical fiber along the route from the coastal POP near Bandon to the point where the WILLIAMS' route intersects the BP A fiber route at Structure 29/2, and from the Lane BP A substation to the Jasper Regen Site, and from the Jasper Regen site south alorig the WILLIAMS route in Lane County and ODOT right of way and in O.C.R.R. right of way to the point where this route south and along the Wagon Road intersects the WILLIAMS route from the Bandon POP to the BP A route. This fiber shall hereafter be referred to as the "Consortium Fiber". The fiber shall be SMF-28 Single Mode Optical Fiber or fiber of equal serviceability. The routes referred to in this subsection are represented on two maps, labeled Exhibit A and Exhibit B, which are attached, and by this reference are incorporated into this agreement. The IRU shall provide that WILLIAMS will assume responsibility for maintenance ofthe Consortium Fiber. Maintenance shall include all necessary steps to keep the fiber in working order. The IRU shall provide that, in the event that relocation of the fiber is required for any reason, WILLIAMS will absorb the cost of the relocation, except that the Consortium will be responsible for the cost (or the proportional cost) of any additional fiber necessary to preserve the connectivity of the Consortium Fiber. . After this Agreement has been executed, a formal IRU agreement governing the tenns and conditions ofthe grant ofIRU shall be executed . between the parties and shall be attached hereto and made part of this Agreement. b. Twenty-five access points along the routes of the Consortium Fiber described in paragraph a. of this subsection, such access points to be located in positions indicated by the Fiber South Consortium, the City and other cities and counties signing similar agreements with WILLIAMS. An July 9, 1999 Attachment B, Page 2 of 13 Page 2 July 9, 1999 access point shall consist at a minimum of a vault separated from WILLIAMS' other installed fiber containing the Consortium's terminated fibers and an adequate splice case for all fibers. All access points shall be provided on the same side of the right-of-way as the fiber. The access points shall be located in the following locations, subject to mutual agreement and refinement as to location during actual installation. Starred sites are from BP A fiber, subjectto arrangements with BP A. BPA route: 1. Bandon POP to transpacific route and to other fiber (Wagon Road route) 2. At junction with BPA fiber 3. At Reedsport Regen site with access to city of Reedsport)* 4. At Walton Regen site (only to regen facility)* 5. At junction with BPA fiber (Lane Substation) 6. In Eugene at junction of rail lines (BNSF main line and Coastal line OCRR) (Chambers Street) 7. I n Eugene at Charnelton Street 8. In Eugene at University of Oregon Riverfront Research Park (Agate Street) 9. In Springfield at Henderson Street (one block east of Glenwood Blvd. 10. In Springfield at 10th Street Crossing 11. In Springfield at 42nd Street Crossing 12. In Springfield at 1000 N feet of intersection of Jasper Road and Brand S Road 13. At Jasper Regen site Wagon Road Route 14. At Bandon POP 15. Near Coquille (between 20 and 30 mile from Bandon POP) 16 At Dora regen site (only to regen facility) 17. At Melrose Uust past 70 mile marker) [for Roseburg] 18. At Cleveland Regen (to regen facility only) 19. At 89 mile marker [for Sutherlin] 20. At Yoncalla (mile 108.5) 21 At Drain regen (To the regen facilities and to the city of Drain) 22. At Cottage Grove Main Street crossing (app mile 130) 23. At Creswell (mile 147) Just before leaving RR 24. At Pleasant Hill (along highway 58 near Edgeway Rd) 25. At Jasper Regen site c. An IRU providing the CityofEugene use of96 (SMF-28) fibers for a distance of approximately 11 miles, along the route of WILLIAMS other fiber in the railroad right of way in Eugene and Springfield, along with . seven points of access (handholes) to this fiber, such points to consist of at Attachment B, Page 3 of 13 Page 3 July 9, 1999 least a 25TA with a service loop, with the option tohave installed the vaulted access points described in paragraph a of this subsection, at these same points, with such points to be installed at points to be mutually agreed upon along the WILLIAMS route off of the railroad property.' The IRU shall be for a period of 20 years in duration, with a guarantee of negotiations on renewal after 17 years. The City of Eugene will pay WILLIAMS for the fiber to be installed, either through reimbursement to WILLIAMS or payment in advance, upon WILLIAMS sole discretion, such arrangements to be made prior to the initial installation of the 96 WILLIAMS' fibers. The total cost to the City of Eugene for the 96 fibers will be Williams' cost for the 96 fibers, the handholes, the pulling ofthe fiber and other costs associated with the installation ( excluding trenching) provided Eugene, not to exceed $245,830.28. Final payment for the 96 fibers shall be made no later than when grant of IRU is effectuated. Maintenance for the 96 fibers will be at $30.00 per route mile per month (approximately $330.00 per month). The seven access points for the Eugene fiber will be located at the point on the railroad right of way where the railroad right of way intersects the right of way of the following cross streets, or in the event there is no actual crossing, at a point of intersection created by the extension of the street right of way across the railroad right of way. . Greenhill Road (Eugene) . 'Bertelsen Road (Eugene) . Van Buren Street (Eugene) . Chamelton Street (Eugene) . Agate Street (Eugene) . Henderson Street, one block from Glenwood Blvd. (Springfield) . lOth Street (Springfield) The exact location of the access point will be negotiated at the time of installation of the fiber: However, all access points shall be provided on the same side ofthe right-of-way as the fiber. h. WILLIAMS will provide a mutually agreed upon amount of rack space at WILLIAMS regeneration facilities along the WILLIAMS routes described above, including the Bandon POP, and Reedsport, Walton, Dora, Cleveland, Drain and Jasper Regen sites. WILLIAMS will allow the Consortium Fibers to be installed in an adequate regeneration facility and the regeneration of signals carried on the Consortium Fiber in the same manner provided to other IRU holders, at a cost no higher than the lowest cost charged by WILLIAMS at the same regen site to any other IRU holder , at the regen site. For the purposes ofthis section a regen site shall include any facility provided for the purpose of regeneration or amplification of a fiber optic signal so as to assist transmission of the signal to another destination along the fiber optic cable. Consortium access to the Bandon POP and regeneration facilities shall be mutually agreed upon by the parties. The Consortium shall be responsible for supplying power to its Attachment B, Page 4 of 13 Page 4 communications facilities at the Bandon POP and regeneration sites. Future requests for rack space by the Consortium shall be considered on the basis of availability with consideration of WILLIAMs' future needs. It is understood that WILLIAMS will not be responsible for the procurement, installation, interconnection, or maintenance of City and Consortium optronics or electronic equipment or alarms, but shall only be responsible to install and maintain POP and regen site common space and common equipment. 1. WILLIAMS will use its best efforts to coordinate arrangements by WILLIAMS affiliated companies to donate or sell at a discounted cost equipment to assist 'the City and other members ofthe Consortium to transmit signals along the Consortium Fiber. The City understands that such equipment may be surplus equipment no longer used by WILLIAMS, but shall be in useable order and of such a standard and quality so as to be useable with other equipment provided. J. WILLIAMS will use its best efforts with all contractors installing fiber along the WILLIAMS routes identified in this Agreement to have the contractors leave at designated sites along the routes all excess fiber. Excess fiber shall mean lengths of fiber longer than 100 feet that remain after installation of the WILLIAMS fiber because of the need to adjust the length of supplied reels of fiber to accommodate the actual installation of WILLIAMS fiber. Such excess fiber will be used by the Consortium for any purpose. 2. Provide maintenance and repair of the Consortium's six pairs (twelve total optical fibers) of optical fibers at such times and such places as WILLIAMS conducts maintenance or repair activities on any part of WILLIAMS' other installed fiber. Maintenance of the Consortium's six pairs of optical fibers includes the same required movement or relocation as for WILLIAMS ' other installed fiber. Maintenance and relocation for the Consortium fiber shall be at no additional cost to the Consortium, except that, in the event that relocation requires the use of additional fiber, the Consortium can be asked to contribute its proportional share of the costs of such additional fiber. 3. Comply with all applicable local, state and federal laws and regulations in the installation, maintenance and operation of all WILLIAMS' fiber. At the local level this shall include at least the following: . Providing all information required by local ordinances. . Reaching agreement with the City regarding the exact location and method of placement of the fiber, which will be memorialized in a final set of plans, signed by the designated official of the City. . Providing the City with evidence that WILLIAMS has joined the Oregon Utility Notification Center and assurances that WILLIAMS will thereafter provide any entity requesting information under the utility notification program with such information as is necessary to determine the location, depth and extent of July 9, 1999 Attachment B, Page 5 of 13 Page .5 WILLIAMS' and the Consortium's fiber optic cable system; and will provide the City with a final set of plans in such form as the City requests, showing the actual location of the installed fibers to be given to the City and the Consortium. . Providing a bond or other security agreeable to the City, in such an amount to be specified by the City as is necessary to assure that installation of all fiber optics is performed in accordance with the requirements of the City ordinance and returns all premises where fiber is installed to the conditions required by the ordinance. 4. Provide the City with the name, address and phone number of a contact person who will be capable of facilitating the resolution of issues concerning the completion of the permitting process and the fulfillment of all obligations specified in this Agreement. B. In return for WILLIAMS' promises and performance, the City agrees, in conjunction with other members of the Consortium: 1. To provide information to state and federal agencies, including the U.S. Army Corps of Engineers and the Oregon Division of State Lands on thenature of the proposed installation and the advantages that the City and other members of the Consortium might derive from a successful installation under the terms of this Agreement. 2. To provide coordination, advice and assistance, consistent with local, state and federa11aws, to ma,ke certain that all permit applications are moved forward by the appropriate jurisdiction in as expeditious a manner as is possible within the requirements for appropriate review. The permit applications that the City understands may be involved in the WILLIAMS' plans include, but are not limi ted to: . Right of way use permits or licenses from several jurisdictions including cities, counties and the State of Oregon; . Zoning approvals from several counties; . Wetlands alteration permits from the Oregon DSL and US Corps of Engineers; . Environmental review and approval from the Oregon DEQ. 3. If WILLIAMS plans to install fiber within the right of way ofthe City, the City will accept the performance of the terms of this Agreement (in kind services) in lieu of any and all annual right-of-way use fees that would otherwise be charged to WILLIAMS in return for City permission to install fiber facilities in the right- of-way. Such acceptance in lieu of payment shall be ayai1ab1e only under the terms of this Agreement and only upon completion of an application and issuance of all appropriate permits or licenses pursuant to City ordinances. Such a waiver does not include any required application fees, or any license fees associated with the application for the right to operate in the right of way. This acceptance of in kind services in lieu of right-of-way use fees (franchise fees) is one ofthe standard July 9, 1999 Attachment B, Page 6 of 13 Page 6 benefits that all members of the Consortium shall extend to WILLIAMS in return for WILLIAMS' in kind services to the Consortium. PERMITTED USES C. The parties jointly acknowledge and agree that many of the communities within the Consortium, or which may choose to join the Consortium at a later date, may lack effective, meaningful and affordable access to adyanced telecommunications services. The parties also jointly acknowledge and agree that the fundamental objectiye of the City, and the Consortium of which the City is a member, under this Agreement is to place facilities permitting the provision of such adyanced telecommunications services in rural or other communities which may be affected by this Agreement as members of the Consortium. Except as otherwise provided in this Agreement, the parties further acknowledge and agree that once placed, the City/Consortium may use the facilities it receives under this Agreement for, any lawful purpose. The primary purposes for the City and the Consortium to be advanced by the acquisition of the facilities is to provide facilities that could allow' advanced telecommunications services for schools, libraries, healthcare providers . and governmental entities and to stimulate and a~vance economic development ~ithin the area served by the City and the Consortium. The parties acknowledge that the fiber being provided by WILLIAMS is for local use and not for resale or for pass-through use. For purposes of this section, local use consists of the transmission of signals originating in and or ending within the geographical confines of the Consortium. For purposes of this section pass- through use means the carriage of signals that originate from an area outside the geographical boundaries ofthe Consortium and are transmitted through the geographical boundaries of the Consortium to a point outside the geographical boundaries of the Consortium without affecting or being affected by users within' the geographical boundaries of the Consortium other than retransmission or regeneration without alteration of the signal. The Consortium warrants that before any agreement is completed and becomes effective concerning the sale, lease assignment, or transfer of any consideration or right provided by WILLIAMS, WILLIAMS will be notified of the term of the proposed agreement and will be provided an opportunity of first refusal, to whit, the right to replace the proposed agreement with an agreement with the Consortium on the same terms and conditions, giving WILLIAMS the rights of use set forth in the proposed Agreement. If WILLIAMS decides not to exercise its right of first refusal, it shall retain the right to enforce the terms of this Agreement, particularly this Paragraph C, against any third party to whom the Consortium sells, leases, assigns, or transfers any of the rights contemplated in this Agreement. Furthermore, should the Consortium sell, lease, assign, or transfer rights in the six (6) fiber pair (twelve optical fibers) described herein, to any third party, a maintenance fee of$30.00 per route mile per month on the six (6) fiber pair shall commence and the Consortium shall waive all rights to the free maintenance contemplated in 'Paragraph 2 of this Agreement unless the Consortium can show that the additional July 9,1999 Attachment B, Page 7 of 13 Page 7 charges would prevent completion of arrangements for the use of the six (6) fiber pair (twelve optical fibers) in a manner consistent with the purposes ofthis Agreement, especially as described in this Paragraph C, in which case the actual amount of any maintenance fee, ranging from $0 to $30.00 per route mile per month, will be negotiated with WILLIAMS with the intent of preserving both the need for services to the Consortium and the desire of WILLIAMS not to proyide a subsidy to a profit making enterprise rather than a: cost reduction for the Consortium. DATE OF DELIVERY D. WILLIAMS will deliver control of the six pairs of fiber and other equipment, described in this Agreement within one month of the date of WILLIAMS' completion of installation (which shall include, but not be limited to, all splicing and testing activities) of fiber to complete each of the routes. Evidence of the delivery shall include a pedigree of all fibers delivered. Such a p~digree shall include identification of the type of termination, the type of splice case and the results of an end to end optical time domain reflectometer test, which includes proof of optical continuity and a statement of dB loss end to end and point to point. Evidence of delivery shall also include a final set of maps or plans indicating the location of each access point proyided under the terms of this Agreement. TERM AND TERMINATION E. This Agreement becomes effective on July 10,1999, or the date of the final signature affixed below, and remains in effect during the period when the IRU remains in effect. F. This Agreement may be terminated by mutual consent after altemativl;: arrangements have been made regarding the continuing obligations contained in this Agreement. In the event that the Consortium which is being formed by the City and other cities receiying fiber from WILLIAMS ceases to exist and the City is no longer able to make any use of the fiber provided to the City and the Consortium, this Agreement will terminate and WILLIAMS will thereafter be responsible for the payment of all right of way fees owed after the termination of this Agreement. Such fees shall not include any fees or payllents preliminarily waived by this Agreement. In such an eyent WILLIAMS will be entitled to recover and take ownership of the fiber and access points provided by WILLIAMS to the City. RENEGOTIATION CLAUSE G. The parties acknowledge that time is of the essence in completion of the construction of WILLIAMS fiber. To meet its other requirements, WILLIAMS must haye the BP A route installed and lit by September. 1 , 1999, and the Wagon July 9, 1999 Attachment B, Page 8 of 13 Page 8 Road route installed and lit by October 15, 1999. To meet this schedule, WILLIAMS anticipates that it must be cleared to start construction and installation by July I, 1999, for the BP A route. The City understands the , importance of speed and undertakes to share a portion of the risk. If the mutual efforts of the Consortium members and WILLIAMS are not successful in ,resolving by July 1, 1999, all outstanding permit issues identified in discussions between the Consortium and WILLIAMS on or before June 10, 1999, (or any permits that are an extension of or are triggered by those permit issues discussed on or before June 10, 1999) the City accepts that there will have been a . diminution in the value of the services provided by the Consortium, which would justify a reduction in the yalue or quantity of goods or services provided by WILLIAMS in fulfillment of its obligations under this Agreement. The determination of whether a reduction in WILLIAMS obligations will be negotiated in the event that such becom.es necessary will be determined in the sole discretion of WILLIAMS (operating in good faith). If such renegotiations become necessary the parties will negotiate in good faith, considering the nature of the eyents causing delay, the efforts expended by the Consortium, the resulting damage to WILLIAMS due to the delay, and the nature and extent of the delay. Except in the event that there is a grossly negligent or willful action to prevent the achievement of the purposes of this Agreement, the actions in furtherance of the . goals of this Agreement, and any failure to achieve the purposes of this Agreement shall not be considered a cause of any damages to WILLIAMS due to a delay in the completion of the construction. However, the preceding sentence shall not apply to arty diminution in value of the goods or services provided to the City/Consortium by Williams as provided in this paragraph. Any determination of diminution of value, as described in this Agreement, shall be made, and notice thereof shall be provided to the Consortium on or before December 31, 1999. This Agreement concerning renegotiation does not cover or include any delay in Lane County construction resulting from a need to complete requirements for Lane County land use approval relating to construction in the right-of-ways, so long as the Consortium continues to use best efforts to ensure rapid consideration of such issues. This exception is made because the need for such a procedure was not known to the parties at the time of the initial decision regarding renegotiation. INDEMNITY H. Subject to the limitations of the Oregon Tort Claims Act and Article XI, Section 10 of the Oregon Constitution, each of the parties hereto agrees to indemp.ify, defend and save the other harmless from any claim, liability or damage resulting from any error, omission or act of negligence on the part of the indemnifying party, its officers, agents or employees in the performance of its responsibilities under this Agreement. July 9, 1999 Attachment B, Page 9 of 13 Page ,9 , . . ' I. In the event oflitigation involving the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees, costs and expenses from the losing party, including all such fees, costs and expenses on appeal. AMENDMENTS AND ASSIGNMENTS J. No amendment to this Agreement shall be effective unless made in writing and signed by both parties. K. This Agreement may not be transferred or assigned without the prior written consent of the other party. Either party may contract with any other entity to , obtain the services of that entity as the party's agent in the fulfillment of this Agreement. Assignment, sale lease or grant of an Indefeasible Right of Use ("IRU") of a portion of WILLIAMS' fiber system within the territorial jurisdiction of the City (not including the fiber provided to the Consortium) shall be allowed without the consent of the City, provided that WILLIAMS provides notice of such a transfer to the City. Notwithstanding the foregoing, assignment or sale of all WILLIAMS' fiber subject to this Agreement, or any transfer of ownership or control of the conduit or conduits containing the fiber within the jurisdiction of the City, including the rights and responsibilities of maintenance, relocation and expansion, , shall only be allowed upon notice to and approval by the City. Approval shall not be unreasonably withheld, conditioned, or delayed, and shall be granted upon satisfactory demonstration that the assignee or buyer will have the financial and technical capacity to fulfill WILLIAMS' obligations under the permit and this Agreement, and the assignee or buyer specifically acknowledges and undertakes to fulfill all WILLIAMS' continuing obligations. NOTICE L. All notices required under this Agreement shall be sent to the signing person for each party, at the address to be provided at the time of signing. WARRANTY OF AUTHORITY M. By his or her signature each person signing this Agreement warrants that he or she has been authorized by the principal for whom this Agreement is signed to sign , this Agreement on behalf of the principal, that the principal has been informed of the signing, and that the principal has agreed to undertake all the obligations of this Agreement upon the signature of the principal's agent. N. This Agreement shall be governed by and construed in accordance with Oregon law without reference to its choice of law principles. July 9, 1999 Attachment B, Page 10 of 13 Page 10 O. If any term or condition is, to any extent, invalid or enforceable, the remainder of this Agreement shall not be affected thereby. P. The relationship of WILLIAMS and City and Consortium shall not be that of partners, agents, or joint venturers, but independent contractors. Q. This Agreement may executed in counterparts, all of which taken together shall constitute one instrument. SIGNATURES For the City of Springfield: For WILLIAMS Date Date' ~,E\;"lc\i\;'ED & APF'::;OVC:O t'\~O FORM \ '>. e.,~\~ ~ ~-i-\\~ D/-\TE: ...., \ \ \ \ G\~ . OFFICE OF CITY ATTORNEY July 9, 1999 Attachment B, Page 11 of 13 Page 11 HANDON HPA ROUrrE -;"....- Vida ~ ~~rg. .~ BANDONCABLEHEADLANDWG ff>( ~h Be TO REEDS PORT OP-AMP SITE rs:-r.. '\. 48.0 MILES Co as Bay~~" . ( \.. ~uo er Hill , . ' rhjt tL. . ^ 1:"'IDIi ( lWinchester !:SANDON RUAD ROU'l'E / /jeamas Vall~y /