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HomeMy WebLinkAbout2016-10-03-J01J ICN Agreement Amend 1 AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: October 3, 2016 AGENDA ITEM: Consideration of approval of a resolution approving Amendment No. 1 to Agreement 15-109, Master Agreement for Shared Use Projects (Iowa Communications Network) FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: The ICN is installing a 72 pair fiber in Waukee’s conduit from Alices Road to Boone Drive. Waukee will own the fiber and 48 of the 72 pair of fiber and ICN will retain ownership of 24 pair. The ICN will install conduit and 72 pair of fiber from Boone Drive to the Iowa Lottery in Clive. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: No cost to Waukee. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II. Amendment No. 1 to Agreement PREPARED BY: Beth Richardson REVIEWED BY: John Gibson PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: THE CITY OF WAUKEE, IOWA RESOLUTION 16- APPROVING AMENDMENT NO. 1 TO AGREEMENT 15-109, MASTER AGREEMENT FOR SHARED USE PROJECTS (IOWA COMMUNICATIONS NETWORK) IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Iowa is a duly organized municipality within Dallas County; AND, WHEREAS, on February 2, 2015, the Waukee City Council approved entering into a 28E agreement related to Ownership and Operation of a Consolidated Dispatch Center for Police, Fire and Emergency Medical Services (hereinafter referred to as “Westcom”) (Resolution #15-046); AND, WHEREAS, on April 4, 2016, the Waukee City Council approved Agreement 15-109, Master Agreement for Shared Use Projects (Iowa Communications Network) related to the Westcom pathway connection (Resolution #16-115); AND, WHEREAS, Amendment No. 1 to Agreement 15-109 is proposed concerning installation by Iowa Communications Network of fiber in Waukee’s conduit from Alice’s Road to Boone Drive. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 4th day of April, 2016, that the Amendment No. 1 to Agreement 15-109, Master Agreement for Shared Use Projects (Iowa Communications Network) is hereby approved. ____________________________ William F. Peard, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Anna Bergman Brian Harrison Shelly Hughes Larry R. Lyon Rick Peterson 1 AMENDMENT 1 To MASTER AGREEMENT FOR SHARED USE PROJECTS 15-109 THIS AMENDMENT is between the State of Iowa, Iowa Telecommunications and Technology Commission operating the Iowa Communications Network, (collectively the “ICN”) and City of Waukee (“Waukee”). In consideration of the mutual promises herein made, ICN and Waukee agree as follows: SECTION 1. PURPOSE OF AMENDMENT. The Parties intend to amend the Agreement to add Amendment 1 Schedule A.1, Scope of Services, Appendix 1, Designated Route and Fiber Assignment Matrix with Responsibilities and Appendix 2, As-Built Drawings for the expansion of the fiber optic network along University Ave from the intersection of Alice’s Road/University to a handhole adjacent to 13001 University, Ave, within Waukee, W. Des Moines and Clive. SECTION 2. AMENDMENT ALLOWED. Section 3.1 of the Agreement provides for this Amendment with mutual written consent of the Parties. SECTION 3. EXECUTION. In witness whereof in full consideration of the mutual covenants set forth above for other good and valuable consideration the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the Parties have entered into the above Amendment and have caused their duly authorized representatives to execute this Amendment. All previous terms and conditions shall remain in full force and effect with the exception of previously mentioned modifications in this document. CITY OF WAUKEE By: Date: Title: IOWA COMMUNICATIONS NETWORK By: Date: Title: 2 Schedule A.1 Scope of Services City of Waukee and ICN – Amendment 1 Project Description: The City of Waukee and ICN have agreed to an exchange of facilities in order to allow the ICN to install a new fiber optic cable from the intersection Alice’s Road/University, Waukee to a handhole adjacent to the property at 13001 University Ave, Clive. Waukee will allow the ICN to install a new 72 fiber armored cable in existing and new Waukee owned conduit along University Ave from the intersection of Alice’s Road/University existing Waukee splice cabinet to 92nd/University, W. Des Moines existing Waukee handhole. The ICN will construct new conduit, to be owned by Waukee, at the intersection of Alice’s Road/University to tie Waukee handholes together to allow for the new cable installation to the existing Waukee fiber optic network splice cabinet. The ICN will construct new ICN owned conduit from the intersection of 92nd/University existing Waukee handhole to a new handhole adjacent to the property at 13001 University Ave, Clive. (Does Waukee want fiber the entire length or stop at City Limits or stop at 92nd?) A new 72 armored fiber optic cable will be installed from the existing splice cabinet on the northwest corner of Alice’s Road/University, Waukee, to a new ICN handhole adjacent to 13001 University Ave, Clive. (Need to discuss splitting ownership of the new cable at 92nd/University where we go from ICN owned conduit to Waukee owned conduit.) See Appendix 1 for “Designated Route and Fiber Assignment Matrix with Responsibilities” and Appendix 2 for Overview Map. WAUKEE RESPONSIBILITIES. Waukee will own and maintain their network as detailed below under Appendix 1. ICN RESPONSIBILITIES. The ICN will own and maintain their network as detailed below under Appendix 1. ICN PROPERTY. Except as provided in the Installation of Waukee Equipment section of this Scope of Services, Waukee shall not, and shall not permit others, to rearrange, disconnect, remove, attempt to repair or otherwise tamper with any ICN property without the written consent of the ICN. The Parties agree that no party other than the ICN or a contractor under the direct supervision of the ICN shall be permitted to perform maintenance or splicing on the Fiber. Splicing and Maintenance information is more fully explained in Exhibits A & B attached to the Amendment. WAUKEE PROPERTY. Except as provided in the Installation of ICN Equipment section of this Scope of Services, ICN shall not, and shall not permit others, to rearrange, disconnect, remove, attempt to repair or otherwise tamper with any Waukee property without the written consent of the Waukee. The Parties agree that no party other than the Waukee or a contractor under the direct supervision of the Waukee shall be permitted to perform maintenance or splicing on the Fiber. Splicing and Maintenance information is more fully explained in Exhibits A & B attached to the Agreement. FIBER MAINTENANCE A. Except as stated below related to fiber repairs to Waukee owned fibers segments IRU’d to ICN pursuant to this agreement, The Fiber Segment owner or its authorized contractor shall perform all maintenance on the Fiber, including any Fiber repairs, Fiber restoration, and Fiber relocation that may become necessary during the term of this Agreement. If a Fiber Segment owner incurs any costs associated with Fiber repairs, Fiber restoration, or Fiber relocation, the owner shall be reimbursed based upon the other party’s proportional share of fibers. In the event that the fiber repairs are necessitated by fiber damage caused by a third party, Fiber Segment owner will first attempt to recover the cost of repair from the negligent third party. If Fiber Segment owner is unable to recover the full cost of damage repair from the third party, the parties shall proportionally share of the costs for the repair. In the event of a fiber cut or other need for an emergency repair, upon notification by the other party, the Fiber Segment owner shall commence to respond to correct the interruption in service. In the event of a service interruption, the parties shall contact each other at the numbers listed 3 in Exhibit B of the Agreement. Upon repair and when appropriate, the party performing the repairs will invoice the other party for their proportional share of the costs for the repair. B. If Waukee or a contractor operating under the direction of Waukee performs any activity, such as, but not limited to: splicing, accesses splice cases, or performs any other procedure that could accidentally disrupt the passage of light in the Fibers or otherwise directly impact the ICN’s designated fibers, the activity must be preplanned five (5) working days in advance and performed during established ICN Maintenance Windows (normally midnight - 6 AM.) Waukee shall call the ICN Service Desk at 515-725-4400 or 1-800-572-3940 to establish all maintenance windows. Waukee may modify its designated Dark Fiber by splicing, terminating, or otherwise extending its facilities. The five working day notice does not apply to emergency repairs. C. Cable damage or fiber cuts are designated as "interruptions of service" and must be acknowledged by Waukee within 30 minutes of notification by the ICN Service Desk. Service restoration standards as follows must be met. Timeframes beginning with notification or knowledge of outage are not to exceed: A. Technicians on site of suspected fiber cut Two (2) hours B. Identification of cut location and damaged fibers Four (4) hours C. First fiber is restored Six (6) hours D. All fibers spliced and all services restored Eight (8) hours D. Within Waukee owned fiber segments, if Waukee or a Waukee authorized contractor is unable to restore service to the ICN designated fiber within the time frames listed above, Waukee will grant the ICN reasonable access for ICN and/or ICN authorized contractors to restore the interrupted service on the fibers ICN has an IRU. ICN shall incur the cost to repair the fibers IRU’d to ICN to restore ICN services. Waukee will utilize its contractor to repair the balance of their owned fibers and the infrastructure for the permanent repair.  If a service interruption occurs within a Waukee owned fiber segment, Waukee will first seek reimbursement from the at fault third party. Reimbursement sought, by Waukee from the at fault third party shall include the costs ICN incurred to repair its IRU’d fibers. Upon collection by Waukee, Waukee shall reimburse the ICN for its repair costs. E. Unless otherwise specifically provided in this agreement, the ICN and Waukee shall proportionally share costs as they relate to, but not limited to, changes, upgrades, and emergency repairs, etc. that are or may be required in order to maintain proper operation of the IRU’d fiber located within the City Limits of Waukee. Cost sharing shall be calculated based on each Party’s proportionate share of fibers within each fiber segment.  If cable changes or modifications, except relocates or moves, to IRU’d fiber are at the request or requirement of Waukee or ICN, the requesting/requiring Party shall be responsible for the associated costs.  If cable located within the City of Waukee is requested or required to be moved or relocated by Waukee, the cost shall be shared proportionally between the ICN and Waukee.  If the fiber located with the City limits of Waukee must be moved or altered at the request or requirement of a third party, and if the cost is unable to be recovered from the third party, the cost shall be shared proportionally between the ICN and Waukee.  If Waukee or ICN allocates some of their fibers to other entities, it shall be the fiber owner’s responsibility to collect the fair/proportional share of costs for relocates and/or repairs from those entities. F. ICN shall save and hold Waukee harmless from any and all third party claims, demands, suits, and/or damages, including but not limited to attorney’s fees, expenses and costs incurred by Waukee in defending the same, that may arise by virtue of an “interruption of service” in ICN owned fiber segments, and/or Waukee owned fiber segments, regardless of cause. ICN further agrees that it shall not seek, or otherwise be entitled to, compensation or otherwise claim damages of any kind or nature from Waukee for any “interruption of service” that may occur in any Waukee owned fiber segments, including but not limited to those IRU’d to the ICN pursuant to this agreement, regardless of cause. COMPENSATION. No fees will be exchanged between the Parties for use of the conduit, installation of cable and initial splicing of the cable. 4 TERM. The Term of this Amendment shall be coterminous with Master Agreement 15-109. 5 APPENDIX 1 Designated Route and Fiber Assignment Matrix with Responsibilities DESCRIPTION OF ROUTE & FIBER ASSIGNMENTS: Waukee Responsibilities/Ownership: Waukee will own the conduit and cable from the existing splice cabinet on the northwest corner of Alice’s Road & University, Waukee, east to the handhole on the southeast corner of 92nd & University, W. Des Moines. The ICN will install the new cable in exchange for use of the existing conduit. A. Non-Recurring Fiber Fee: N/A B. Annual Maintenance Fee: N/A C. Non-Recurring Installation Charges: N/A D. Collocation Required: N/A E. Locate Responsibility: Waukee F. Maintenance Responsibility: Waukee G. Emergency Maintenance Responsibility: Waukee H. Relocation Responsibility: Waukee. Proportionate sharing based on allocation of fibers. I. Term: Coterminous with the Master Agreement Fiber Allocations Waukee Cable Ownership: Sheath Identifier Tube/Stand Identifier IRU Assignment 72 Strand Single Mode Sheath Blue Waukee Orange Waukee Green Waukee Brown Waukee Slate ICN White ICN 6 ICN Responsibilities/Ownership: ICN will own the conduit and cable from the existing handhole on the southeast corner of 92nd & University, W. Des Moines to a handhole adjacent to the property at 13001 University Ave, Clive. A. Non-Recurring Fiber Fee: N/A B. Annual Maintenance Fee: N/A C. Non-Recurring Installation Charges: N/A D. Collocation Required: N/A E. Locate Responsibility: ICN F. Maintenance Responsibility: ICN G. Emergency Maintenance Responsibility: ICN H. Relocation Responsibility: ICN. Proportionate sharing based on allocation of fibers. I. Term: Coterminous with the Master Agreement Fiber Allocations ICN Cable Ownership: Sheath Identifier Tube/Stand Identifier IRU Assignment 72 Strand Single Mode Sheath Blue Waukee Orange Waukee Green ICN Brown ICN Slate ICN White ICN 7 APPENDIX 2 Route Overview Drawings Maps detailing the Designated Route and Fiber Assignment shall be created and included for both Waukee and ICN responsibilities. As-builts shall provide cable routes and fiber access points. Maps will be included once engineering is completed which will determine tie in points and new construction configuration.