Exhibit #1 The “Verizon Conduit”
SECOND ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING
“Fiber Optic Network Agreement”
Between The City of Lawrence, Kansas (“The City”)
and
The University of Kansas, a public educational institution
and agency of the State of Kansas (“KU”)
Dated: March , 2013
This addendum shall apply to THE MEMORANDUM OF UNDERSTANDING titled “Fiber Optic Network Agreement” dated March __ , 2013, by and between the City of Lawrence, Kansas, a municipal corporation, and the University of Kansas, a State institution of higher education.
The Verizon/DTI Fiber Agreement
Description of Fiber Optic Network
The City of Lawrence and the University of Kansas seek to expand the installation of fiber optic underground cable to enable both parties to better connect existing and future facilities operated by the respective parties in the City of Lawrence, Kansas. Collaboration between the City and KU will allow them to connect existing and future partnership facilities to their respective networks at the lowest long-term cost to their stakeholders.
The City owns an existing, empty and, approximately 65,000 foot 1-1/4” underground conduit that it received through a license agreement with Alltel Communications, LLC d/b/a Verizon Wireless (the “Verizon Conduit”).
The City also owns an existing set of fiber-filled conduit from an agreement with DTI (the “DTI Conduit”).
KU agrees to fund a major portion of the cost of the acquisition and installation of fiber into the Verizon Conduit in exchange for the use of a portion of the fiber in the existing Verizon Conduit and a portion of the fiber in the existing DTI Conduit.
General Responsibilities and terms:
As more fully set forth below, KU agrees that it will fund the acquisition of 288-strand-count single-mode fiber for installation over the entire length of the Verizon Conduit. KU also agrees to provide to the City payment of a sum certain to offset a portion of the installation and ancillary material costs. KU agrees that its costs will represent a significant majority of the entire cost of the project. In return for this substantial investment in the project, the City agrees to grant to KU a perpetual right to use 96 strands of the fiber cable installed in the Verizon Conduit and the use of a small portion of fiber in the existing DTI conduit path (as specified in DTI Conduit Sections 1-3 below).
The City agrees that it will be responsible for any costs above KU’s commitment toward the installation of the fiber optic cable, associated handholes/cabinets, and splicing/testing services.
The City also agrees to support KU’s limited use of City rights-of-way for the purpose of connecting KU properties to the Verizon or DTI conduit.
The City also agrees that it will allow KU cabling to pass through existing City-installed conduit, assuming sufficient capacity, such as traffic conduit under streets/intersections, to minimize any disruption to roadbeds, existing utilities, and traffic. KU will negotiate, in advance, the design and installation of any cabling in existing conduit through the City Director of IT.
Specifications and Qualifications:
KU and the City have mutually agreed on the type, section lengths, splice points, physical properties, and qualified manufacturer(s) of this cable and will review prior to acquisition. (See Exhibit 3 affixed hereto and incorporated herein by reference).
KU and the City agree to review in collaboration the credentials, work history, ability to execute, and certifications of any contractor bidding on the installation, termination, and testing of any fiber cables, conduit sections, or handholes/cabinets prior to the awarding of any contract for fiber installation or other services contemplated by this Addendum. Due to the scale and complexity of this project, the parties agree that a strong emphasis will be placed on the quality of the installation, fiber termination, and testing. KU and the City shall mutually agree upon the selection of an appropriate contractor.
This project is more fully described below in the following description of four conduit sections.
Verizon Conduit Section #1: the “Verizon Conduit”
General Description:
This is an existing section of 1¼-inch o.d. HDPE underground conduit installed as part of a License Agreement between Alltel generally running:
· From the intersection of East 800 Road and U.S. Highway 40/Sixth Street east along U.S. Highway 40/Sixth Street to the intersection of Sixth Street and Wakarusa Drive.
· From the intersection of Sixth Street and Wakarusa Drive south along Wakarusa Drive to Clinton Parkway/23rd Street.
· From the intersection of Wakarusa Drive and Clinton Parkway/23rd Street east along Clinton Parkway/23rd Street to E. 1750 Road.
Start Point: East 800 Road and U.S. Highway 40/Sixth Street
Latitude, Longitude: 38.971307, -95.353531
End Point: 23rd Street/K-10 and E. 1750 Road
Latitude, Longitude: 38.942694, -95.177012
Conduit Size, Type, and Quantity: This duct bank includes approximately 65,000 feet of 1¼-inch o.d. (HDPE) conduit and 33 existing fiber access point handholes/cabinets. (See Exhibit 1 which is affixed hereto and incorporated herein by reference).
Ownership/Maintenance: The City agrees to maintain this section of conduit and any cables installed in this conduit. The City will own any cables installed in this conduit. If, at any point, the fiber cable needs to be replaced due to age or fitness, KU and the City will negotiate another fair and equitable cost sharing agreement addendum.
Cost & Fees:
· KU agrees to purchase and to fund the cost of up to $170,000.00 dollars to supply the approximately 70,000 feet of fiber cable for this conduit section.
· KU also agrees to pay to the City of Lawrence the sum of $50,000.00, which funds shall be applied toward the cost of installation services, splicing, and materials such as handholes and cabinets.
· The City agrees to contract with a mutually-agreed upon contractor for fiber installation and agrees to fund the remaining costs of any materials, additional fiber components or cables, fiber installation, pull boxes, fiber termination/ splicing services, and project documentation/permits.
Use of Conduit/Fiber: KU is hereby granted a perpetual right to use 96 strands of fiber within the Verizon Conduit Fiber. KU will use this conduit and fiber to connect existing properties to KU’s research and education network. This fiber will allow KU to perform high speed, low latency, research grade fiber connection between sites and scientific equipment. The City will use this conduit and fiber as a means of connecting existing City facilities, sites, and instrumented equipment to the cities IT networks. Both parties will use this conduit to connect to the new Sports Complex located north of West Sixth Street and west of George Williams Way.
Exhibit: See Exhibit 1 for a drawing of this conduit section.
Termination: In the event of termination of the Memorandum of Understanding or this Addendum, KU shall retain an irrevocable right to use (IRU) 96 strands of fiber in this conduit pathway and associated handholes/cabinets at no cost in return for KU’s investment in the Verizon Conduit Fiber project, and that IRU shall remain in place for 30 years after the date of termination.
DTI Conduit Section #1:
General Description:
This is an existing fiber filled conduit owned by the City of Lawrence. The City owns 144 Strands of fiber beginning at a telecom cabinet near Teepee Junction (Intersection of 59 Highway and 20/40 Highway) and continuing to a handhole pullbox at Sixth Street and Massachusetts Street The City hereby grants to KU an irrevocable right to use 12 fiber strands (in a common fiber “buffer tube”) in exchange for KU’s investment in the Verizon Conduit Fiber project.
Start Point: Intersection of 59 Highway and 20/40 Highway
Latitude, Longitude: 39.000414, -95.233805
End Point: 6th and Massachusetts Street
Latitude, Longitude: 38.973539, -95.236293
Conduit Type and Number: This conduit section is made up of a single 1¼-inch o.d. (HDPE) conduit.
Ownership/Maintenance: The City will own and be responsible for the maintenance and repair of this section of conduit. KU will pay the costs of any splicing or termination of KU's share of this fiber bundle.
Cost & Fees: This is existing fiber that the City owns outright. The City agrees to charge KU $0 (ZERO) for the use of this fiber over the life of the Memorandum of Understanding in return for the KU’s substantial investment in the Verizon Conduit Fiber project.
Exhibit: See Exhibit 2 for a drawing of this conduit section.
Termination: In the event of termination of the Memorandum of Understanding or this Addendum, KU shall retain an irrevocable right to use the 12 strands of fiber in this conduit pathway and associated handholes/cabinets at no cost in return for KU’s investment in the Verizon Conduit Fiber project, and that IRU shall remain in place for 30 years after the date of termination.
DTI Conduit Section #2:
General Description:
This is an existing fiber filled conduit owned by the City of Lawrence. The City owns 288 Strands of fiber:
· From Sixth and Massachusetts Street (the end of DTI Conduit Section #1), continuing west along Sixth Street to the intersection of Sixth Street and Iowa Street.
· From the intersection of Sixth Street and Iowa Street south along Iowa Street to the intersection of 23rd Street and Iowa Street.
The City hereby grants to KU the irrevocable right to use 24 fiber strands (in two common fiber “buffer tubes”) in exchange for KU’s investment in the Verizon Conduit Fiber project.
Start Point: 6th and Massachusetts Street
Latitude, Longitude: 38.973539, -95.236293
Mid Point: 6th Street & Iowa Street
Latitude, Longitude: 38.97284, -95.260021
End Point: 23rd Street and Iowa Street
Latitude, Longitude: 38.942996, -95.260106
Conduit Type and Number: This conduit section is made up of a single 1¼-inch o.d. (HDPE) conduit.
Ownership/Maintenance: The City will own and be responsible for the maintenance and repair of this section of conduit. KU will pay the costs of any splicing or termination of KU's share of this fiber bundle.
Cost & Fees: This is existing fiber that the City owns outright. The City agrees to charge KU $0 (ZERO) for the use of this fiber over the life of the Memorandum of Understanding in exchange for KU’s substantial investment in the Verizon Conduit Fiber project.
Exhibit: See Exhibit 2 for a drawing of this conduit section.
Termination: In the event of termination of the Memorandum of Understanding or this Addendum, KU shall retain an irrevocable right to use the 24 strands of fiber in this conduit pathway and associated handholes/cabinets at no cost in return for KU’s investment in the Verizon Conduit Fiber project, and that IRU shall remain in place for 30 years after the date of termination.
DTI Conduit Section #3:
General Description:
This is an existing fiber filled conduit owned by the City of Lawrence. The City owns 144 Strands of fiber beginning at 23rd Street and Iowa Street (the end of DTI Conduit Section #2) and continuing east to a handhole pullbox at the intersection of 23rd Street/K-10 & O’Connell Road. The City hereby grants to KU an irrevocable right to use 12 fiber strands (in a common fiber “buffer tube”) in return for KU's investment in the Verizon Conduit Fiber project.
Start Point: 23rd Street and Iowa Street
Latitude, Longitude: 38.942996, -95.260106
End Point: 23rd Street/K-10 & O’Connell Road
Latitude, Longitude: 38.942432, -95.205167
Conduit Type and Number: This conduit section is made up of a single 1¼-inch o.d. (HDPE) conduit.
Ownership/Maintenance: The City will own and be responsible for the maintenance and repair this section of conduit. KU will pay the costs of any splicing or termination of KU's share of this fiber bundle.
Cost & Fees: This is existing fiber that the City owns outright. The City agrees to charge KU $0 (ZERO) for the use of this fiber over the life of the Memorandum of Understanding in exchange for KU’s substantial investment in the Verizon Conduit Fiber project.
Exhibit: See Exhibit 2 for a drawing of this conduit section.
Termination: In the event of termination of the Memorandum of Understanding or this Addendum, KU shall retain an irrevocable right to use the 12 strands of fiber in this conduit pathway and associated handholes/cabinets at no cost in exchange for KU’s investment in the Verizon Conduit Fiber project, and that IRU shall remain in place for 30 years after the date of termination.
General Site Access Provision:
KU will provide the City with notice 24 hours in advance should KU require access to any portion of any Conduit Sections described above.
The City will provide KU with notice 24 hours in advance should the City require access to any portion of any Conduit Sections described above.
In emergency situations, the City shall have the right to enter any portion of the conduit and its associated handholes to effect repair without prior notice to KU. The City agrees to contact KU, within 24 hours of such emergency access, by calling the Emergency Access number provided in this document under the heading “Emergency Access/After Hours Contact” to communicate any emergency changes/repairs. In the case of an emergency, if requested by the City, KU agrees to dispatch an on-call technician to meet the representative of the City onsite.
Contacts:
Contact information for this specific Addendum to the Memorandum of Understanding:
For KU
Maintenance and Construction
Primary: Eric Freeze, +1-785-864-9361
Secondary: Steve Lambert, +1-785-864-9367
Emergency/After Hours Contact:
Network Operations Center (NOC)… +1 785-864-0110
For the City
Maintenance and Construction
Primary: James Wisdom, I.T. Department, +1-785-423-2799
Secondary: James Risner, Public Works / Traffic Division, +1-785-423-3337
Emergency/After Hours Contact:
Primary: James Wisdom, I.T. Department, +1-785-423-2799
Secondary: James Risner, Public Works / Traffic Division, +1-785-423-3337
IN ALL OTHER RESPECTS, except as expressly modified herein, the terms and conditions of the Memorandum of Understanding shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned have caused this Addendum to the Memorandum of Understanding to be executed as of the date noted above.
CITY: CITY OF LAWRENCE, KANSAS, a municipal corporation
________________________________
DAVID L. CORLISS
City Manager
ACKNOWLEDGMENT
THE STATE OF KANSAS )
) ss:
THE COUNTY OF DOUGLAS )
BE IT REMEMBERED, that on this ____ day of __________, 2013, before me the undersigned, a notary public in and for the County and State aforesaid, came David L. Corliss, as City Manager of the City of Lawrence, Kansas, who is personally known to me to be the same person who executed this instrument in writing, and said person fully acknowledged this instrument to be the act and deed of the aforementioned entity.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day and year last written above.
________________________________
Notary Public
My Appointment Expires:
KU: The University of Kansas, a State institution of higher education
________________________________
BOB LIM
CIO (Chief Information Officer)
____________________________
DIANE GODDARD
Vice Provost for Administration & Finance
ACKNOWLEDGMENT
THE STATE OF KANSAS )
) ss:
THE COUNTY OF DOUGLAS )
BE IT REMEMBERED, that on this ____ day of __________, 2013, before me the undersigned, a notary public in and for the County and State aforesaid, came Diane Goddard, who is personally known to me to be the same person who executed this instrument in writing, and said person fully acknowledged this instrument to be the act and deed of the aforementioned entity.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day and year last written above.
________________________________
Notary Public
My Appointment Expires:
Exhibit #1 The “Verizon Conduit”
Exhibit #2 The DTI Conduit Sections 1 through 3
Exhibit #3 Verizon Conduit Fiber Length and Loop Locations
|
Reel Number |
Segment Description |
Segment Length |
Slack Loop Length |
Segment Total |
Reel Total Length |
Order Length (ft) |
|
1 |
E 800 Road to Church entrance |
4274 |
150 |
4424 |
|
|
|
Church entrance to E 902 Road |
1939 |
150 |
2089 |
|
||
|
E 902 Road to GWW |
1811 |
150 |
1961 |
|
||
|
GWW to Stoneridge |
1367 |
150 |
1517 |
|
||
|
Stoneridge to Queens |
1306 |
150 |
1456 |
|
||
|
Queens to Congressional |
1493 |
150 |
1643 |
|
||
|
Congressional to 6th and Wakarusa |
1148 |
150 |
1298 |
14388 |
14500 |
|
|
2 |
6th and Wakarusa to Harvard |
1503 |
150 |
1653 |
|
|
|
Harvard to Legends/Inverness |
1654 |
150 |
1804 |
|
||
|
Legends/Inverness to BBPW |
2290 |
150 |
2440 |
|
||
|
BBPW to Innsbrook |
4289 |
150 |
4439 |
|
||
|
Innsbrook to Clinton & Wakarusa |
824 |
150 |
974 |
11310 |
11500 |
|
|
3 |
Clinton & Wakarusa to Inverness |
2658 |
150 |
2808 |
|
|
|
Inverness to Crossgate |
2649 |
150 |
2799 |
|
||
|
Crossgate to Hartford |
1196 |
150 |
1346 |
|
||
|
Hartford to Kasold |
1381 |
150 |
1531 |
|
||
|
Kasold to Heatherwood |
938 |
150 |
1088 |
|
||
|
Heatherwood to Lawrence Ave |
1640 |
150 |
1790 |
|
||
|
Lawrence Ave to Crestline |
1315 |
150 |
1465 |
|
||
|
Crestline to Iowa |
1581 |
150 |
1731 |
14558 |
15000 |
|
|
4 |
Iowa to Ousdahl |
1127 |
150 |
1277 |
|
|
|
Ousdahl to Naismith |
1754 |
150 |
1904 |
|
||
|
Naismith to Alabama |
996 |
150 |
1146 |
|
||
|
Alabama to Louisiana |
1221 |
150 |
1371 |
|
||
|
Louisiana to Massachusetts |
1677 |
150 |
1827 |
|
||
|
Massachusetts to Barker |
1041 |
150 |
1191 |
|
||
|
Barker to Haskell |
2523 |
150 |
2673 |
|
||
|
Haskell to Harper |
2674 |
150 |
2824 |
14213 |
14500 |
|
|
5 |
Harper to O'Connell |
2596 |
150 |
2746 |
|
|
|
O'Connell to Franklin |
2713 |
150 |
2863 |
|
||
|
Franklin to East Hills |
2438 |
150 |
2588 |
|
||
|
East Hills to Noria |
3048 |
150 |
3198 |
11395 |
11500 |
|
|
65864 |
67000 |
Reel length and pull location review meeting: 3/14/2013 8:30am
Attendees: J. Wisdom (COL), J. Risner (COL), E. Freeze (KU), J. Perry (KU)