THIRD 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: August _____, 2018
This addendum shall apply to THE MEMORANDUM OF UNDERSTANDING titled “Fiber Optic Network Agreement” dated March 28, 2013, by and between the City of Lawrence, Kansas, a municipal corporation, and the University of Kansas, a State institution of higher education.
Description of Fiber Optic Project
Noria Road Fiber Connectivity Extension
The City of Lawrence and the University of Kansas seek to expand the installation of fiber optic underground cable to add diversity and redundancy for optical fiber networks operated by the respective parties in the City of Lawrence, Kansas. By this Addendum, both parties seek to extend the fiber optic cable on Noria Road.
The City seeks to extend the fiber optic cable to complete fiber connectivity between the City’s two wastewater treatment plants. Additionally, KU seeks to connect fiber optic cable already leased by KU to a connection with CenturyLink as described in this Addendum, in an effort to provide network connectivity redundancy.
The City will install a section of conduit, connecting the existing city conduit and handhole located at 23rd and Noria Road to the CenturyLink handhole located at Noria Road and the BNSF railroad tracks. The City will install a 96-strand single-mode fiber optic cable in the Noria Road Conduit Route, as described in this Addendum.
General Responsibilities and terms:
As more fully set forth below, KU agrees that it will fund the acquisition of 96-strand-count single-mode fiber for installation over the entire length of the Noria Road Conduit Route. KU also agrees to provide to the City payment of a sum certain to offset a portion of the installation of the Noria Road Conduit Route 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 permanent use of 24 strands of the fiber cable installed in the Noria Road Conduit Route.
The City agrees that it will be responsible for any costs above KU’s commitment toward the installation of the fiber optic cable in the Noria Road Conduit Route, including 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 Noria Road Conduit Route.
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, and as described in City of Lawrence Project PW1802, City Sealed Bid 1804.
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 legally described below in the following description of two conduit sections.
Noria Road Conduit Route:
General Description: One conduit path described as the Noria Road Conduit Route, with two subparts named the Noria Road Conduit and the CenturyLink Connecting Conduit.
Noria Road Conduit: This shall be a new section of three (3) 1-1/4 inch o.d. HDPE underground conduit generally running from an existing City-owned handhole located near 23rd Street and Noria Road heading northward along Noria Road to the new City handhole located on the southwest side of the intersection of Noria Road and the BNSF railroad tracks.
CenturyLink Connecting Conduit: Then continuing as one (1) 1-1/4 inch o.d. HDPE underground conduit: Beginning at the new City handhole located on the southwest side of the intersection of Noria Road and the BNSF railroad tracks, then generally running eastward across Noria Road to the CenturyLink-owned handhole located on the southeast side of the intersection of Noria Road and the BNSF railroad tracks.
Start Point (latitude, longitude): 38.942694, -95.177012
End Point (latitude, longitude): 38.949861, -95.176709
Conduit Size, Type, and Quantity:
Noria Road Conduit: Three (3) 1-1/4 inch O.D. High-Density Polyethylene (HDPE) conduit.
CenturyLink Connecting Conduit: One (1) 1-1/4 inch O.D. High-Density Polyethylene (HDPE) conduit.
Ownership/Maintenance: The City will own and maintain this section of conduit and any cables installed in this conduit up to where it transitions to CenturyLink-owned infrastructure. The City will own any cables installed in this conduit. The City will own that portion of conduit located on property owned by the City or in existing City easements. One (1) conduit shall be dedicated for KU/City, and their associated public agency partners, use only. The other two (2) shall be for future use as determined by the City.
Cost & Fees:
· KU agrees to fund the costs of $24,000.00
· The City agrees to contract with a mutually-agreed upon contractor for fiber installation per Public Works Project PW1802, City Sealed Bid 1804, and agrees to fund the remaining portion of this project, excluding the charges or fees related to CenturyLink and / or the BNSF Railroad.
Use of Conduit/Fiber: KU is hereby granted a permanent right to use 24 strands of fiber within this pathway. KU will use this conduit and fiber to connect a diverse and redundant pathway to CenturyLink. The City will use this conduit and fiber as a means of connecting existing City facilities, sites, and instrumented equipment to the City’s IT networks, and as a new connection to CenturyLink.
Exhibit: See Exhibit 1 – Addendum 3, for a map of the 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) 24 strands of fiber in this conduit pathway and associated handholes/cabinets at no cost in return for KU’s investment in the 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 “Conduit Section #1” as described above.
The City will provide KU with notice 24 hours in advance should the City require access to any portion of “Conduit Section #2” as described above.
KU will provide the City with access to the telecommunication space in the Ellsworth Annex with 24 hours prior notice. In emergency situations KU will provide best effort to allow the city immediate access to the Ellsworth Annex by contacting the Emergency Access number provided in this document under the heading “Emergency Access/After Hours Contact”. In the case of an emergency KU will dispatch an on-call technician to meet the representative of the City onsite.
Rights and Obligations
The parties agree that the rights and obligations of the parties are as follows:
1. The City and KU shall share the costs of the City/KU Redundancy Project as outlined in this Addendum, including all costs of conduit, handholes, splice cases, fiber optic cable, splicing costs, and the costs of installation of the Noria Road Project.
2. The City shall be responsible for hiring the contractor to complete the Noria Road Project and overseeing the work as outlined in City Project PW1802 and City Sealed Bid 1804.
3. The City will be responsible for working with the contractor to obtain any City or County related permits to this Noria Road Project.
4. KU will be responsible for coordinating any work, permits, or contracts between CenturyLink, and/or the BNSF Railroad.
5. The City shall own the Noria Road Conduit, the Century Link Connecting Conduit described in this Addendum, and the 96 strands of fiber optic cable installed therein.
6. The City will have exclusive use of 72 strands of the 96 strand fiber optic cable located in the Noria Road Conduit Route, identified as follows:
|
Buffer Tube Color |
Fiber Number Range |
|
Blue |
1 to 12 |
|
Orange |
13 to 24 |
|
Green |
25 to 36 |
|
Brown |
37 to 48 |
|
Slate |
49 to 60 |
|
White |
61 to 72 |
7. KU -- at no cost to KU, for as long as it needs them or the conduits and fiber in the Noria Road Conduit Route remain in use – shall have exclusive use of 24 strands of the 96 strand fiber optic cable located in the Noria Road Conduit Route, identified as follows:
|
Buffer Tube Color |
Fiber Number Range |
|
Red |
73 to 84 |
|
Black |
85 to 96 |
8. The City shall be responsible for maintenance and repairs of the fiber optic cable located in the Noria Road Conduit and the CenturyLink Connecting Conduit as installed for this project.
9. The City will be responsible for locates on the Noria Road and CenturyLink Connecting Conduit.
10. The City will not be responsible for locating the CenturyLink handholes on Noria Road.
11. KU will be responsible for contracting the connectivity agreement with CenturyLink and coordinate installation and splicing required for this project.
12. KU will be responsible for coordinating emergency repairs with CenturyLink for fiber infrastructure owned by CenturyLink.
13. The City/KU shared conduit will be for the sole use of the City, KU, and their associated public agency partners. The other conduits installed for this project will be owned by the City for use at the City’s discretion.
14. A listing of current and potential public agency partners that the City of Lawrence and / or KU may coordinate with include :
o City of Lawrence (COL)
o Kansas University (KU)
o Douglas County (DGCO)
o Lawrence Memorial Hospital (LMH)
o Lawrence Public Library
o USD-497 Lawrence Public Schools
o Bioscience & Technology Business Center (BTBC)
o Haskell Indian Nations University (HINU)
o Northeast Kansas Library System (NEKLS)
o Peaslee Tech
o State of Kansas
o Kansas Department of Transportation (KDOT)
Contacts:
Contact information for this specific Addendum to the MOU:
For KU
Maintenance and Construction
Primary: Mike McClammer, +1-785-864-0108
Secondary: T.J. Droge, +1-785-864-9366
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: Todd Lohman, Public Works / Traffic Division, +1-785-423-3339
Emergency/After Hours Contact:
Primary: James Wisdom, I.T. Department, +1-785-423-2799
Secondary: Todd Lohman, Public Works / Traffic Division, +1-785-423-3339
IN ALL OTHER RESPECTS, the terms and conditions of the Memorandum of Understanding shall remain in full force and effect, except as specifically modified by this Addendum.
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
________________________________
THOMAS M. MARKUS
City Manager
ACKNOWLEDGMENT
THE STATE OF KANSAS )
) ss:
THE COUNTY OF DOUGLAS )
BE IT REMEMBERED, that on this ____ day of __________, 2018, before me the undersigned, a notary public in and for the County and State aforesaid, came Thomas M. Markus, 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 public educational institution and agency of the State of Kansas
________________________________
MARY WALSH
CIO (Chief Information Officer)
________________________________
DR. CARL LEJUEZ
Interim Provost and Executive Vice
Chancellor
ACKNOWLEDGMENT
THE STATE OF KANSAS )
) ss:
THE COUNTY OF DOUGLAS )
BE IT REMEMBERED, that on this ____ day of __________, 2018, before me the undersigned, a notary public in and for the County and State aforesaid, came Mary Walsh and Dr. Carl Lejuez, as Chief Information Officer and Interim Provost and Executive Vice Chancellor of the University of Kansas, respectively, who are personally known to me to be the same persons 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: