FOURTH 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
Network Continuity to Price Computing Center
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 fiber optic cable from the intersection of 23rd Street and Louisiana Streets to the Price Computing Center on KU’s Campus.
General Responsibilities and terms:
As more fully set forth below, KU agrees to work with the City in funding a shared conduit and fiber project using the City of Lawrence fiber standards for materials and installation. The project will include installing three (3) 1-1/4” HDPE conduit, and 288-strands of fiber in one conduit, shared between KU and the City, together with other public agencies as approved by both organizations.
The City and KU agree to share costs of the installation of the fiber optic cable, associated handholes, cabinets, and splicing and testing services.
The City also agrees to support KU’s limited use of City rights of way for this project route, including connecting to fiber leased in the existing City’s previous Verizon and DTI conduit projects. KU will negotiate, in advance, the design and installation of any cabling in existing conduit through the City Director of I.T.
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, as outlined in City Project PW1802, City Bid 1804.
The City will bid this project in accordance with City purchasing and contract standard procedures. 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. Both 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 described below.
Conduit Route
General Description: One conduit pathway described as the Conduit Route that is comprised of three subparts named Existing City Conduit Section, Primary Conduit Section, and KU Conduit Section.
Existing City Conduit Section: This is an existing City-owned section of three (3) 1-1/4 inch O.D. HDPE underground conduit: Starting from an existing City-owned handhole located near the northwest corner of 23rd Street and Louisiana Street and heading northward on Louisiana Street to the northwest corner of 22nd Street and Louisiana Street.
Primary Conduit Section: 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 the northwest corner of 22nd Street and Louisiana Street heading northward on Louisiana Street to 19th Street.
· From 19th Street and Louisiana Street heading westward on 19th Street to Illinois Street.
· From 19th Street and Illinois heading northward on Illinois Street toward the KU Campus, including a new handhole generally located 396 feet south of the centerline of Sunnyside Avenue along the west right-of-way line of Illinois Street to a location west of Illinois Street in the City right of way.
KU Conduit Section: This shall be a new section of three (3) 1-1/4 inch O.D. HDPE underground conduit generally running:
· Beginning at, but not including, a City handhole generally located 396 feet south of the centerline of Sunnyside Avenue along the west right-of-way line of Illinois Street to a location west of Illinois Street in in the City right of way then north along Illinois Street to a point east of Price Computing Center at KU.
· From Illinois Street just east of Price Computing Center heading west to the south side of Price Computing Center.
Start Point (latitude, longitude): 38.942949, -95.242083
End Point (latitude, longitude): 38.954655, -95.246630
Conduit Size, Type, and Quantity: Three (3) 1-1/4 inch O.D. High-Density Polyethylene (HDPE) conduits are to be installed in the City right-of-way and on KU Campus.
Ownership/Maintenance: The City will maintain conduit in the Existing City Conduit Section and the Primary Conduit Section and any cables installed in those conduit sections. KU will maintain the conduit in the KU Conduit Section and any cables installed in the KU Conduit Section. The City will own all fiber optic cables installed in the entire Conduit Route, including the KU Conduit Section. One (1) conduit in the Conduit Route shall be dedicated for KU/City use only. The City shall determine the use of the other two (2) conduits in the Existing City Section and the Primary Conduit Section. KU shall determine the use of the other two (2) conduits in the KU Conduit Section.
Locates: The City shall be responsible for all locates within the City Right of Way on Louisiana Street, 19th Street, and Illinois Street, with the exception of the KU Conduit Section on the northern portion on Illinois Street, located on KU property, transitioning at the City-owned handhole at that location. KU shall be responsible for all locates on KU property.
Use of Conduit/Fiber: KU will be granted a permanent right to use 192 of the 288 strands of fiber to be installed within the pathway described above. KU will use the conduit and fiber to connect to existing dark fiber leases and as a diverse and redundant pathway to Price Computing Center and Ellsworth Annex. That will add diversity and redundancy to all entities connecting to the KanREN nodes located at KU, including the City. The City will use 96 of the 288 strands of fiber to be installed in the conduit as a means of connecting a redundant path to KanRen, existing City facilities, sites, and instrumented equipment to the City’s I.T. networks.
Cost & Fees:
· KU agrees to purchase and to fund the cost of $51,000.00
· The City agrees to contract with a mutually-agreed upon contractor for fiber installation per City Project Number PW1802, Sealed City Bid 1804.
Exhibit: See Exhibit 1, Addendum 4, 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) 192 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.
Termination: In the event of termination, City shall (1) remove its fiber optic cable from the conduit owned by KU or (2) assign ownership of the fiber optic cable to the University.
General Site Access Provision:
KU will provide the City with notice 24 hours in advance should KU require access to any portion of the Conduit Route as described above.
KU will provide the City access to the telecommunication space in the Price Computer Center with 24 hours prior notice. In emergency situations KU will provide best effort to allow the city immediate access to the Price Computer Center 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. City/KU Network Continuity to Price Computing Center Project as outlined in this agreement, including all costs of conduit, handholes, splice cases, fiber optic cable, splicing costs, and the costs of installation of the Project.
2. The City shall be responsible for hiring the contractor to complete the 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 related permits to City/KU Network Continuity to Price Computing Center Project.
4. KU will be responsible for extending the fiber from the KU Price Computing Center entrance to their desired demarc.
5. KU will be responsible for completing any required fiber splicing or related work inside the KU Price Computing Center.
6. The City shall own the Existing City Conduit Section and the Primary Conduit Section as described in this project.
7. KU shall own the KU Conduit Section as described in this project.
8. The City shall own the 288 strands of fiber optic cable installed in the Conduit Route.
9. The City will have exclusive use of 96 strands of the 288 strand fiber optic cable located in the Conduit Route for City/KU network continuity to Price Computing Center, 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 |
|
Red |
73 to 84 |
|
Black |
85 to 96 |
10. KU, at no cost to KU for as long as it needs them or the conduits and fiber in the Conduit Route remain in use, shall have exclusive use of 192 strands of the 288 strand fiber optic cable located in the Conduit Route for City / KU network continuity to Price Computing Center, identified as follows:
|
Buffer Tube Color |
Fiber Number Range |
|
Yellow |
97 to 108 |
|
Purple |
109 to 120 |
|
Rose |
121 to 132 |
|
Aqua |
133 to 144 |
|
Striped Blue |
145 to 156 |
|
Striped Orange |
157 to 168 |
|
Striped Green |
169 to 180 |
|
Striped Brown |
181 to 192 |
|
Striped Slate |
193 to 204 |
|
Striped White |
205 to 216 |
|
Striped Red |
217 to 228 |
|
Striped Black |
229 to 240 |
|
Striped Yellow |
241 to 252 |
|
Striped Purple |
253 to 264 |
|
Striped Rose |
265 to 276 |
|
Striped Aqua |
277 to 288 |
11. The City shall be responsible for maintenance and repairs of the fiber optic cable located installed in the Conduit Route for the City/KU Network Continuity to Price Computing Center Project as installed for this project.
12. The City will be responsible for locates on the Existing City Conduit Section and the Primary Conduit Section. The City will not be responsible for locates beyond the City handhole adjoining the KU Property.
13. KU will be responsible for locates on the KU Conduit Section.
14. KU will be responsible for coordinating emergency repairs within KU’s Price Computing Center.
15. KU will allow the City to use rack-mountable space in the KU Price Computing Center data center to install a patch panel for the City’s use, and space to install active network equipment needed to connect to KanREN’s network connection.
16. 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 in the Existing City Conduit Section and Primary Conduit Section for this project will be owned by the City for use at the City’s discretion. The other conduits in the KU Conduit Section for this project will be owned by KU for use at KU’s discretion.
17. 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: