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HomeMy WebLinkAbout06-26-17 City Commission Packet Materials - C8. Conduit Agreement with Bozeman Fiber for FY18 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: David Fine, Economic Development Specialist SUBJECT: Authorize the City Manager to sign the Conduit Management and Maintenance Agreement with Bozeman Fiber for Fiscal Year 2018 MEETING DATE: June 26, 2017 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to sign the Conduit Management and Maintenance Agreement with Bozeman Fiber for Fiscal Year 2018 BACKGROUND: The City of Bozeman currently owns 25,868 linear feet of multiple ducted telecommunications conduit, which is licensed to broadband companies for the placement of fiber optic facilities. Such a conduit system requires ongoing location, management, monitoring, and maintenance to protect the City’s asset and ensure its proper functioning. As the original conduit system tenant, Bozeman Fiber has been locating and monitoring the City conduit system since its installation in 2016. This agreement compensates Bozeman Fiber for services that will be provided in Fiscal Year 2018. Currently, the Public Works Department does not have the expertise, personnel, or equipment to provide these services. The proposed contract avoids this issue and is, likely, less costly over the long term than providing the same services internally. 86 FISCAL EFFECTS: The cost of the contract for FY 2018 is $4,500. Funding for the agreement comes from conduit system licensing fees. ALTERNATIVES: The City Commission may choose not to enter into this management agreement. Such a choice would necessitate finding another partner willing to manage the system at a reasonable cost or managing the system within the Public Works Department, which could require additional staff. ATTACHMENT: Conduit Management and Maintenance Agreement 87 Page 1 of 14 CONDUIT MANAGEMENT AND MAINTENANCE AGREEMENT THIS AGREEMENT made as of July 1, 2017 (the “Effective Date”) by and between BOZEMAN FIBER, a Montana public benefit nonprofit corporation having an address at 2000 Commerce Way, Bozeman, MT 59715 (hereinafter referred to as “Bozeman Fiber” or “Company”) and City of Bozeman, a self governing municipal corporation organized and existing under its Charter and laws of the State of Montana, 121 North Rouse Avenue, Bozeman, MT 59771 (hereinafter referred to as “City”) and (singularly and collectively referred to as “Party” or “Parties”). RECITALS WHEREAS, City owns and operates an underground communications conduit system in certain areas of the State of Montana; and, WHEREAS, City desires Company, through its designated subcontractors, to provide certain services for the location, management, monitoring and maintenance of the conduit system and the fiber optic facilities located within the conduit system; and, WHEREAS, Company, through its designated subcontractors, is willing and able to provide certain services for the location, management, monitoring and maintenance of the conduit system and facilities. NOW THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the receipt and sufficiency of which are hereby acknowledged, the Parties do mutually covenant and agree as follows: 1. Definitions Agreement means this Agreement and any and all future amendments, modifications, supplements or addenda hereto. Business Day means any day other than Saturday, Sunday or any legal federal, state or local holiday observed by the State of Montana. Conduit Facilities or Facilities means the fiber optic cable and all associated support equipment and hardware owned by the City of Bozeman or any authorized third party which occupies the Conduit System. Facilities does not include electronic or optronic equipment. Company means Bozeman Fiber and any of its designated subcontractors performing services under this Agreement. Conduit means any reinforced passage or opening in, on, over, under or through the ground containing one or more ducts, and includes main conduit, underground dips and short sections of conduit under roadways, driveways, parking lots, railroad right of ways and similar conduit installations; laterals to conduits and into buildings, ducts, and manholes. 88 Page 2 of 14 Conduit Occupancy means occupancy of the Conduit System by any item of Facilities. Conduit System means the City-owned Conduit dedicated for the use of communications Facilities, generally described in Schedule A and including subsequent extensions or modifications consistent with this Agreement. Confidential Information means nonpublic information that Company or City designates as being confidential or which, under the circumstances surrounding disclosure ought to be treated as confidential by recipient. Recipient may disclose Confidential Information in accordance with a judicial or other governmental order, provided that recipient, to the extent feasible and legally permissible: (i) gives Company or City, as applicable, reasonable notice prior to such disclosure to allow them a reasonable opportunity to seek a protective order or equivalent, and (ii) obtains written assurance from the applicable judicial or governmental entity that it will afford the Confidential Information the highest level of protection afforded under applicable law or regulation. If the City receives a public records request for Company documents that have been identified as Confidential, it shall notify the Company as soon as reasonably possible in order for the Company to determine whether it wishes to seek a protective order from the court. Manhole means a subsurface enclosure which personnel may enter and use for the purpose of installing, operating and maintaining facilities. One-Call Locator Service means a service provided by third party through which a Person can notify a facility owner, its agent or representative of proposed dig and request field marking of underground facilities. Person means any individual, partnership, association, corporation, limited liability company, state, city, county or any subdivision or instrumentality of a state and its employees or agents. Periodic Inspection means inspection of the Conduit System ad Facilities performed to determine that Conduit Occupancy is authorized and that Facilities are maintained in conformance with this Agreement and as otherwise specified by the City. Reasonable Accuracy means locating within the outside dimensions of both sides of an Underground Facility as defined by state law. Underground Facility means any item buried or placed below the surface of the ground for use in connection with the storage or conveyance of electronic communications or data, cable television, electric energy, pipes, sewers, conduits, cables (including fiber optic cables), valves lines, wires, manholes, attachments and those parts of poles or anchors below ground. 2. Scope of Agreement a. The City owns and or operates a certain Conduit System, along with handholes and 89 Page 3 of 14 Manholes for access, located in the City of Bozeman. The Conduit System consists of Conduit that is used for routing fiber optic cable as depicted in and attached as City Conduit System, Schedule A, attached hereto and incorporated herein. b. Company shall provide general locate, management and maintenance services, which includes locating and marking services for the Conduit System and Facilities; Periodic Inspection and notification to City of all damage to the Conduit System or Facilities discovered by Company; Scheduled Maintenance (as defined in Section 3 below) and Unscheduled Maintenance (as defined in Section 4 below); pursuant to the terms and conditions set forth herein (the “Services”). Company is hereby granted a revocable, non-exclusive, sublicensable, paid-in-full, license and right to access and use the Facilities and Conduit System (and subject to prior City approval other City property to the extent necessary or convenient) to perform any and all work arising out of relating to this Agreement. 3. Scheduled Maintenance a. Routine maintenance and repair of the Conduit System and Facilities shall be performed by or under the direction of Company ("Scheduled Maintenance"), at Company's reasonable discretion. Scheduled maintenance shall include the following activities: (i) Patrol of Conduit System routes on a while conducting business on behalf of the Company and City. (ii) Registration by Company with and participation in the relevant local "Call Before You Dig" or “One-Call Locator Service” program and all required and related cable locates; (iii) Maintenance of sign postings, if included in Conduit System and Facilities, at reasonable intervals, in compliance with industry standards to the extent permitted by applicable laws and codes, along the Conduit System route with the number of the local “Call Before You Dig” organization and the 800 number of the “Call Before You Dig” program (iv) Assignment of fiber maintenance technicians to locations along the route of affected Facilities. b. Company shall use reasonable efforts to notify City ten (10) days prior to the date of any Scheduled Maintenance. In the event that Scheduled Maintenance is canceled or delayed for whatever reason as previously notified, Company shall notify City at Company's earliest reasonable opportunity, and will comply with the provisions of the previous sentence to reschedule any delayed activity. 4. Unscheduled Maintenance a. Maintenance and repair of the Conduit System or Facilities which is not Scheduled 90 Page 4 of 14 Maintenance ("Unscheduled Maintenance"), shall be performed by or under the direction of Company. Notwithstanding Company's obligation with respect to the Conduit System or Facilities, City shall have the right to perform restoration and splicing of its cable and/or fibers contained in the Conduit System or Facilities. Unscheduled Maintenance shall consist of: (i) "Emergency Unscheduled Maintenance" in response to an alarm identification by Company's contracted NCC (as defined in paragraph c below), notification by City or notification by any third party of any failure, interruption or impairment in the operation of the Facilities or Conduit System, as the case may be, or any event imminently likely to cause the failure, interruption or impairment in the operation of the Facilities or Conduit System; and (ii) "Non-Emergency Unscheduled Maintenance" in response to any potential service- affecting situation to prevent any failure, interruption or impairment in the operation of the Facilities or Conduit System, as the case may be. City shall, at the earliest reasonable time, report the need for Unscheduled Maintenance to Company in accordance with procedures promulgated by Company from time to time. Company will log the time of City’s report, verify the problem and will dispatch personnel as early as reasonably possible to take corrective action. b. Company's maintenance and any repair duties under this Agreement shall not include maintenance of electronic or optronic equipment. Maintenance duties do not include replacement of equipment or materials, except to the extent reasonably necessary to effect Emergency Unscheduled Maintenance, in which case Company will install a temporary fix if necessary to restore service. Company may invoice the City or Facilities owner, as the case may be, for the actual cost of any equipment or materials provided by Company in Company’s sole discretion. c. Company may subcontract to operate and maintain a Network Control Center ("NCC") staffed twenty-four (24) hours a day, seven (7) days a week by trained and qualified personnel. Company will respond to Emergency Unscheduled Maintenance activity as soon as reasonably possible, and unless delayed due to a force majeure condition, no later than thirty (30) minutes after notification, and will provide City with a report of progress or lack thereof in restoring operation of Facilities and/or the Conduit System. City shall reasonably cooperate with Company’s efforts. Company shall maintain a toll- free telephone number to contact personnel at the NCC. Company's NCC personnel shall dispatch maintenance and repair personnel along the system to handle and repair problems detected in the Facilities or Conduit System, as the case may be, (i) through the NCC's remote surveillance equipment, (ii) through the City's remote surveillance equipment and upon notification by City to Company, or (iii) upon notification by a third party. d. City may utilize an escalation list, as updated from time to time, to report and seek immediate redress of maintenance, management and locate activities of Company not 91 Page 5 of 14 in conformance with this Agreement. e. City will, as necessary, arrange for unescorted access for Company to all sites of the Conduit System and Facilities, subject to applicable contractual, underlying, real property and other third-party limitations and restrictions. f. In performing Services hereunder, Company shall act in accordance with industry standards to prevent impairment to the signal continuity and performance of the Facilities or Conduit System. The precautions to be taken by Company shall include, without limitation, notification to City in the event of any reasonably anticipated impairment. In addition, Company shall reasonably cooperate with City in sharing information and analyzing the disturbances regarding the Facilities or the Conduit System. In the event that any Scheduled Maintenance or Unscheduled Maintenance hereunder requires vehicular traffic control or rerouting, then City shall, at Company's reasonable request and in accordance with applicable City codes and regulations, make such personnel of City available as may be necessary to accomplish such maintenance, which personnel shall coordinate and cooperate with Company in performing such maintenance and other services as required of Company hereunder. g. In the event that a physical rerouting or reconfiguration of the Conduit System or Facilities is necessary or advisable for the purpose of effectively maintaining the Conduit System or Facilities, as recommended by Company, City shall reasonably cooperate in effecting such rerouting or reconfiguration. 5. Periodic Inspection a. Company will perform Periodic Inspection of the Conduit System, Facilities, and Conduit Occupancy. Each maintenance hole will be inspected at least annually. Company will submit written reports to City on Conduit Occupancy and the condition of the Conduit System, Facilities and Conduit. City will cooperate and provide information necessary for Company to perform such Periodic Inspections and ensure proper third party compliance. b. Company will maintain the Conduit System and Facilities in a manner which will permit uninterrupted operation of the Facilities. c. Company will perform Scheduled Maintenance on the Facilities and Conduit System in accordance with Company's own preventative maintenance procedures, which shall not substantially deviate from industry practice. 6. Maintenance of Facilities a. Company maintenance personnel will not be responsible for correcting or repairing fiber optic cable discontinuity or damage within the Conduit System. Company shall use reasonable efforts to repair conduit Facilities within four (4) hours after the Company 92 Page 6 of 14 maintenance personnel’s arrival at the problem site. Company shall maintain sufficient capability to teleconference with City during an Emergency Unscheduled Maintenance in order to provide continuous communication. Within twenty-four (24) hours after completion of an Emergency Unscheduled Maintenance, Company shall commence its planning for permanent repair, shall notify City of such plans, and shall implement such permanent repair within a reasonable time thereafter. b. Company’s designated personnel that are responsible for initial restoration of a cut conduit shall have available to them the appropriate equipment to be able to quickly put the cut conduit back together using a temporary splice. The objective is to get the cut conduit back in an operating condition in as little time as possible. Company may also maintain an inventory of spare conduit in storage facilities supplied and maintained by Company to facilitate timely restoration. 7. Planned Service Work Period Scheduled Maintenance which is reasonably expected to produce any signal discontinuity will be coordinated between the Parties. Such Scheduled Maintenance will be scheduled after midnight and before 6:00 a.m. local time if reasonably practicable. 8. Service Area Description a. On or about the Effective Date, City shall provide Company with up-to date Conduit System and Facilities maps, upon which Company may rely. City shall provide updated Conduit System and Facilities maps during the term of the Agreement, and shall communicate detailed information concerning any planned or actual Conduit System expansion or reconfiguration. Failure to provide such information may, in Company’s sole discretion, be grounds for Company to refuse to perform any necessary maintenance, locating and marking services until such failure is corrected. b. Any such maps, drawings, sketches, or other technical information, either oral, written or otherwise, prepared by Company in the performance of this Agreement shall be deemed Confidential Information and shall remain the property of Company. Any such maps, drawings, sketches, or other technical information, either oral, written or otherwise, prepared by or provided by the City to Company shall remain the property of the City. City shall have a perpetual license in and to any Conduit System and Facilities maps created by Company under this Agreement. This obligation of confidentiality shall survive the termination of this Agreement. 9. Term and Termination The initial term of this Agreement will commence on the Effective Date and shall continue for one (1) year thereafter or until earlier terminated in accordance with its terms. Thereafter, the term of this Agreement shall automatically renew for successive one (1) year terms unless terminated in accordance with this Agreement. Either Party may 93 Page 7 of 14 terminate this Agreement with or without cause with 180 days written notice to the other party. In addition, either Party may terminate this Agreement with Cause immediately upon written notice to the other Party. For purposes of this provision, “Cause” shall include, without limitation: (i) any breach of this Agreement by the other Party which is not cured within a reasonable period of time (not to exceed thirty (30) days) following notice of such breach, or (ii) misconduct by the other Party in performance of any duties or obligations under this Agreement which is not cured within thirty (30) days following notice of such misconduct. 10. Payment and Pricing for Services City shall pay Company $4500.00 upon execution of this Agreement for the management and scheduled maintenance services described herein. 11. Relocation and Removal In the event of an emergency affecting any portion of the City Facility or City Conduit System Company may be permitted to replace, remove and relocate the City Facility or City Conduit System or any portion thereof without prior notice to City when such notice is not reasonably practicable. The City shall bear the cost of all such work and shall reimburse Company on demand for all costs incurred by Company in connection therewith. 12. Warranty Company warrants that all Services shall be performed using that degree of skill and care ordinarily exercised in and consistent with generally accepted practices for the nature of the services and shall conform to all requirements of this Agreement. 13. Indemnification Company shall indemnify, defend and hold harmless the City, its directors, officers, employees, and agents and the heirs, executors, successors, and permitted assigns of any of the foregoing (the “City Indemnitees”) from and against all losses, claims, obligations, demands, assessments, fines and penalties (whether civil or criminal), liabilities, expenses and costs (including reasonable fees and disbursements of legal counsel and accountants), bodily and other personal injuries, damage to tangible property, and other damages, of any kind or nature, suffered or incurred by a City Indemnitee directly or indirectly arising from or related to: (1) any negligent or intentional act or omission by Company or its representatives in the performance of Company’s obligations under this Agreement, or (2) any material breach in a representation, warranty, covenant or obligation of Licensee contained in this Agreement. 14. No Joint Venture This Agreement is not intended to create nor shall it be construed to create any partnership, joint venture, employment or agency relationship between City and Company, 94 Page 8 of 14 and no Party shall be liable for the payment or performance of any debts, obligations, or liabilities of the other Party, unless expressly assumed in writing. Each party retains full control over the employment, direction, compensation and discharge of its personnel and will be responsible for all compensation of its employees, if any, including social security, withholding and worker’s compensation responsibilities. 15. Subcontractor's Requirements Company may subcontract all work to be performed hereunder, or any part of said work, and all related costs and fees associated with the work shall be paid for in accordance with this Agreement. Upon request, Company shall provide City with copies of any subcontract agreements entered into pursuant to the provisions of this section, prior to approval of any proposed subcontractor, subject to any confidentiality obligations for which Company is unable to obtain a consent or waiver from the counterparty. By appropriate written agreement, Company shall require each subcontractor, to the extent of the Services to be performed by the subcontractor, to be bound to Company by the terms of this Agreement, and to assume toward Company all the obligations and responsibilities, including the responsibility for safety of the subcontractor’s work, which Company, by this Agreement, assumes toward the City. 16. Compliance with All Laws Each Party shall comply with all federal, state, and local laws, rules, ordinances and regulations applicable to the Services hereunder. Company shall be responsible for obtaining all licenses, permits, inspections and other authorizations required for the Company’s performance of this Agreement. 17. Taxes Each Party shall pay all its own applicable State and Federal Social Security, unemployment insurance, and other taxes, assessments, or contributions due by the Party and payable to the State of Montana as appropriate, any local government and/or the United States in connection with the work to be performed under this Agreement. 18. Amendments, Modifications and Supplements Amendments, modifications and supplements to this Agreement shall only be effective and binding upon Company and City if they are in writing and signed by an authorized representative of both Parties. The term "this Agreement" as used herein shall be deemed to include any future amendments, modifications and supplements and all Schedules attached hereto. All such amendments, modifications and supplements shall not, unless specifically referred to, be construed to adversely affect vested rights or causes of action which have accrued prior to the effective date of such amendments, modification or supplement. 95 Page 9 of 14 19. Delivery of Documents Upon completion of the Services or termination of this Agreement for any reason, all documents, reports, copyrights, work in progress and all data gathered or developed in connection with the work under this Agreement, upon the request by the Party originally owning such documents, shall be turned over to requesting Party. 20. Insurance a. Before commencing any of the work provided for herein, Company shall submit to the City certificates evidencing that insurance of the types and amounts specified below has been obtained by Company and its subcontractors and is in force. Company and its subcontractors shall maintain such insurance throughout the term of this Agreement. i. Workers Compensation Insurance in compliance with the laws of the State of Montana; this requirement shall also be imposed upon any subcontractors performing any portion of the construction required herein. ii. Employer's liability insurance covering its employees with a limit not less than One Million Dollars ($1,000,000.00) per claim. iii. Comprehensive Public Liability Insurance written on a standard liability policy form including: (a) Comprehensive General Liability Insurance covering Premises Operations, Independent Contractors Product Completed Operations for services and products supplied for the work for a period of not less than one year from the completion of the work, Broad Form Property Damage, and Personal Injury Hazards with an employee exclusion excluded; and (b) Contractual Liability Insurance specifically insuring the liability assumed by Contractor under this Agreement, including, without limitation, the indemnities provided for herein. Minimum limits of liability shall be Two Million Dollars ($2,000,000.00) per occurrence aggregate combined single limit for Bodily Injury and Property Damage Liability. iv. Automobile Liability Insurance written on a comprehensive automobile form, insuring all owned, non-owned, and hired or leased automobiles with minimum limits of liability of One Million Dollars ($1,000,000.00) per occurrence for Bodily Injury and Five Hundred Thousand Dollars ($500,000.00) per occurrence for Property Damage, with a fleet automatic endorsement and such other endorsements as that which may be required or offered from time to time. b. All such insurance certificates shall: (1) provide that said insurance will not be canceled or non-renewed until at least thirty (30) days after written notice of such cancellation has been given via registered or certified mail to the City; (2) the coverage provided to the City shall continue in full force and effect under the policy by the Name Insured except with respect to non-payment of premium; and (3) be endorsed to name the City 96 Page 10 of 14 as an additional insured except as to Worker's Compensation. 21. Nondiscrimination Company agrees that all hiring by Company of persons performing under this Agreement will be on the basis of merit and qualifications. Company will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti- discrimination laws, regulations, and contracts. Company will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. Company will require these nondiscrimination terms of its subcontractors performing Company’s obligations under this Agreement. 22. Severability If any term or provision of this Agreement is declared void or unenforceable by any court having jurisdiction, the remaining terms and provisions shall not be affected thereby but shall continue in full force and effect. 23. Force Majeure Neither Party shall be deemed in default of this Agreement or any order hereunder to the extent that any delay or failure in the performance of its obligations results from any reasonably unforeseeable cause beyond its reasonable control and without its fault or negligence, such as but not limited to, sink holes, acts of God, acts of civil or military authority, embargoes, epidemics, wars, riots, insurrections, fires, explosions, earthquakes, floods, unusually severe weather conditions or strikes. If either Party is prevented in whole or in part from performing its obligations under this Agreement by unforeseeable causes beyond its reasonable control and without its fault or negligence then the Party so prevented shall be excused from whatever performance is affected by such cause, to the extent the performance is actually affected; provided that such Party provides written notice to the other Party of such condition within fifteen (15) Business Days from the onset of such condition and uses reasonable efforts to remedy such condition as promptly as reasonably practicable. 24. Confidential Information Any Confidential Information provided by either Party to the other pursuant to this Agreement shall not be disclosed to any third party except with prior written consent of the providing Party or in accordance with the definition of “Confidential Information” set forth herein. Any unauthorized disclosure or use of the information in violation of this provision 97 Page 11 of 14 will be deemed a material breach of this Agreement and the non-breaching party shall be entitled to an injunction or specific performance to enforce this provision. This provision shall survive the termination of this Agreement. 25. No Assignment Neither Party shall assign this Agreement in whole or in part without the prior written consent of the other, which consent shall not be unreasonably withheld. Any attempted or purported assignment in violation of this provision shall be null and void. 26. Controlling Law This Agreement shall be governed by and interpreted under the laws of the State of Montana, without regard to conflict of law principles. The venue of any legal action arising out of or relating to this Agreement shall be solely and exclusively in the state or federal courts of the State of Montana. The Parties hereto specifically waive any objections to the personal jurisdiction of such courts in these matters. 27. Entire Agreement This Agreement and any and all Schedules, amendments, modifications or supplements shall constitute the entire agreement between the Parties with respect to the subject matter hereof. Both Parties hereto represent they have read this Agreement and agree to be bound by all terms and conditions stated herein. Covenants or representations not contained in this Agreement or another written agreement signed by the Parties shall not be binding upon the Parties. 28. Binding Effect All covenants, agreements, representations, and warranties of the Parties contained herein shall be binding upon and inure to the benefit of the Parties hereto and their respective successors, permitted assigns, heirs and legal representatives. 29. Incorporation by Reference The paragraphs beginning “Whereas” and any Exhibits and Schedules referred to in this Agreement are hereby made a part of this Agreement. 30. Notices All notices, requests, demands, and other communications to be given to any Party hereunder shall be in writing and shall be deemed to have been duly given if delivered in person or sent by registered or certified mail, postage prepaid, to the Parties at the addresses below, or such place as either shall periodically designate in writing in accordance herewith. 98 Page 12 of 14 If to Company: Bozeman Fiber Attn: Anthony Cochenour 2000 Commerce Way Bozeman, MT 59715 Email: acochenour@BozemanFiber.com With Copy to: Andrew Cohill c/o WideOpen Networks 2000 Kraft Drive, Suite 2150 Blacksburg, VA 24060 Email: support@wideopennetworks.us If to City: City of Bozeman Attn: David Fine 121 North Rouse Avenue P.O. Box 1230 Bozeman, MT 59771-1230 Telephone: 406-582-2973 Email: dfine@bozeman.net or such other address as either Party may, from time to time, advise the other of by notice in writing in accordance with the provisions hereof. 31. Warranty of Execution The undersigned do hereby warrant that they have the power and authority to execute this Agreement for and on behalf of each respective Party. 32. Execution of Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives. COMPANY CITY 99 Page 13 of 14 Bozeman Fiber City of Bozeman By: By: (Signature) (Signature) Name: William Procunier Name: Dennis M. Taylor Title: President Title: City Manager Date: Date: 100 Page 14 of 14 SCHEDULE A CITY CONDUIT SYSTEM 101 102