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HomeMy WebLinkAboutResolution - 2006-R0560 - Agreement - TDOT - Shared Use Of Fiber Optic Networks, FNIA - 11/21/2006Resolution No. .2006-RO560 November 21, 2006 Item No. 5.14 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Fiber Network Interconnection Agreement with the Texas Department of Transportation for shared use of fiber optic networks within the City of Lubbock, a copy of which Agreement and any associated documents are attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this 21st day of ATTEST: Reb&ca Garza, City Secretary APPROVED AS TO CONTENT: I/►►.+ ff&MP-1FXJ'AW- i no ald G. Vanier, Attorney oFCNin DDres/TXDOTfiberCon06res October 12, 2006 November , 2006. DAVID A. 4ILLER, MAYOR Resolution No. 2006-80560 Fiber Network Interconnection Agreement City of Lubbock and Texas Department of Transportation STATE OF TEXAS * COUNTY OF TRAVIS * THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State" or "TxDOT," and City of Lubbock (COL), Texas, hereinafter called the "City" or "COL." WITNESSETH WHEREAS, the State and the City each operate fiber optic networks for use as part of their respective transportation systems within the boundaries of the City; and WHEREAS, Lubbock Power and Light (LP&L) a City entity, operates a fiber optic network which provides a communication backbone for their Supervisory Control and Data Acquisition (SCADA) network between substations; and WHEREAS, the City has requested the State to permit connection to the State's Fiber Optic Network (FON); and WHEREAS, the State has indicated its willingness to approve the use of its FON conditioned that the City will enter into an agreement with the State for the purpose of determining the respective responsibilities of the City and the State with reference thereto, and conditioned that such uses are in the public interest for transportation purposes and will not damage the network interconnection operation or fiber capacity derived through interconnection, all as determined from engineering studies conducted by the State; and WHEREAS, the State has requested the City to permit connection to the City's FON; and WHEREAS, the City has indicated its willingness to approve the use of its FON conditioned that the State will enter into an agreement with the City for the purpose of determining the respective responsibilities of the City and the State with reference thereto, and conditioned that such uses are in the public interest for transportation purposes and will not damage the network interconnection operation or fiber capacity derived through interconnection, all as determined from engineering studies conducted by the City; and WHEREAS, on the 21st day of November 2006, the governing body for the City entered into an order herein after identified by reference, authorizing the City participation in this agreement with the State. COL Fiber Agreement Page 1 of 10 9125106 AGREEMENT NOW, THEREFORE in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows; 1. TERM This agreement becomes effective on the date of final execution and shall remain in effect until such time as it is terminated as set forth in this agreement. 2. RIGHTS GRANTED The parties agree to allow the connection to their respective FON by the other party. Any and all connections shall have the approval of the network's owner per the procedures set forth in this agreement. Each party hereby authorizes and permits the other party to enter upon its Right of Way and to attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace such connections of the entering party's FON to the owning party's FON pursuant to the procedures set forth in this agreement. The parties shall exchange unmodulated, single -mode fiber optic cable strands, hereafter referred to as "dark" strands for transportation use only. This is further defined in the scope attached as (Attachment A), and the Lubbock Fiber Map attached as (Attachment B). The parties shall be allowed to install passive wave -division multiplex communications hardware on designated shared fibers on the other's FON in accordance with agreed upon specifications. The unit of capacity exchange by either shared method shall be mutually agreed upon on a case-by-case basis. Capacity exchanges need not be on an equal basis. Any and all rights expressly granted to either party to use the FON of the other party shall be subject to the prior and continuing right of the party to whom the FON belongs to use its FON for its own purposes under applicable laws and shall be further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances, and claims of title of record which may affect the rights to use the FON. Nothing in this agreement shall be deemed to grant, convey, create, or vest in either party a real property interest in land, including any fee, leasehold interest, or easement. 3. NOTICE OF CONNECTION Every connection to the other party's network shall be approved by the other party prior to any work being done. A properly completed authorization form (Attachment C) shall be submitted for approval. The other party shall approve or disapprove such connection in writing within sixty (60) days. Upon the completion of installation, the connecting party shall promptly furnish to the other party suitable documentation showing the exact nature of the connection. Any modification of a connection shall use the same approval process specified above. COL Fiber Agreement Page 2 of 10 9125/06 4. RESPONSIBILITIES The State shall not be responsible for the fallowing: A. Design, engineering and installation of the City's FON system and components within the City's Right of Way. B. Operation and maintenance of the City's FON system and components within the City's Right of Way. C. Maintenance of all connections made by the City to the State's FON. The City shall not be responsible for the following: A. Design, engineering, and installation of the State's FON system and components within the State's Right of Way. B. Operation and maintenance of the State's FON system and components within the State's Right of Way. C. Maintenance of all connections made by the State to the City's FON. 5. INFORMATION EXCHANGE Each party agrees to meet at a minimum of annually for the purpose of reviewing future plans and current status of their respective FON. 6. TERMINATION OF AUTHORIZATIONS The parties each acknowledge that should they determine that it is necessary for the proper operation of its FON, for the purposes of its respective governmental entity to rescind a prior authorization, the party may do so by at least (30) day written notice to the other party. If, in either party's opinion, the other party's use of their FON interferes with or disrupts their FON, the party may disconnect the other party's equipment until the cause of the interference is corrected. 7. TERMINATION UPON NOTICE This provision is expressly made subject to the rights herein granted to both parties to terminate this agreement upon thirty (30) days written notice, and upon the exercise of any such right by either party, all obligations herein to make improvements to said facility shall immediately cease and terminate. 8. MODIFICATION/TERMINATION OF AGREEMENT If in the judgment of either party it is found at any future time that traffic conditions have so changed that the existence or use of the respective FON facilities is impeding maintenance, damaging the highway facility, impairing safety or that the facility is not being properly operated, that it constitutes a nuisance, is abandoned, or if for any other reason it is the party's judgment that such facility is not in the public interest, this agreement maybe: (1) modified if corrective measures acceptable to both parties can be applied to eliminate the objectionable features or (2) terminated under Article 7 and the use of the area as proposed herein discontinued. COL Fiber Agreement Page 3 of 10 9125106 9. SOLE AGREEMENT This agreement constitutes the sole and only agreement between the parties hereto and supersedes any prior understandings or written or oral agreements with respect to the subject matter. 10. ACKNOWLEDGEMENT OF RESPONSIBILITY The parties agree that no party is an agent, servant, or employee of any other party and agree that this Agreement shall not be construed as creating any responsibility or liability by one party for the acts and deeds of the other party or such other party's contractors, employees, representatives, and agents. Each party shall have a reasonable opportunity to repair any damage caused by its agent or employee prior to the other party starting repairs. 11. FUNDING Neither party has made any funds available in connection with this agreement and under no circumstances shall either party under this agreement be obligated to expend any funds. Neither party shall have any obligations to pay any costs related to the other party connecting to its FON. The determination to make connections to the other party's FON is optional. 12. AMENDMENTS Any changes in the time frame, character, or responsibilities of the parties hereto shall be enacted by a written amendment executed by both parties hereto. 13. LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any provision thereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this agreement. 14. ASSIGNMENT PROHIBITION The parties agree that the rights conferred by this agreement shall not be assigned to any third party. 15. SUCCESSORS AND ASSIGNS The State and the City each binds itself; its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. 16. NONEXCLUSIVE USE Each party understands that this agreement does not provide it with exclusive use of the FON and that each party shall have the right to permit others' use of its FON. 1'1. VENUE This agreement is governed by the laws of the State of Texas. COL Fiber Agreement Page 4 of 10 9125/06 18. NOTICES All notices and requests for authorization required under this agreement shall be mailed or hand delivered to the following respective addresses: CITY OF LUBBOCK City of Lubbock Attn: City of Lubbock Traffic Engineer P.O. Box 2000 Lubbock, Texas 79457 STATE OF TEXAS Texas Department of Transportation Attn: Director of Maintenance 125 East 11th Street Austin, Texas 78701-2483 Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next day in the case of facsimile, email, or overnight delivery. Either party may from time to time designate any other address for this purpose by written notice to the other party delivered in the manner set forth above. IN WITNESS WHEREOF, the parties have hereunto affixed their signature, CITY OF LUBBOCK The undersigned for the City hereby represents and warrants that he/she is an officer of the organization for which he/she has executed this agreement and that he/she has full and complete authority to enter into this agreement on behalf of the City. By: � fivC✓''�'� David A. filler, Mayor Date: November 21, 2006 ATTEST: By: 'Q-�� - City Secretary Date: November 21, 2006 APPROVED AS TO CONTENT: ni�j - Jeryl . Hart, Jr., ft, City Traffi n ineer STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating an/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: ( ) � 1 '6'� Zane . ebb, P.E. Director, Maintenance Division Date: J Z�� COL Fiber Agreement Page 5 of 10 9125/06 APPROVEDA TO CONTENT: Mar4Yea'rwdKd, Chief IRfonnation Officer APPROVED AS TO CONTENT: Gary Zheng, CEO/President LP&L APPROVED AS TQ FORM: Donal G. Van Iver, Attorney of Counsel COL Fiber Agreement Page 6 of 10 9/25/06 Attachment A FIBER-OPTIC NETWORK SHARING SCOPE PROJECT Intelligent Transportation Systems (ITSVI The first of two ITS projects that TxDOT will fund and administer will let in December 2006. Work will include the construction of Dynamic Message Signs (DMS), Closed Circuit Television (CCTV) and Microwave Vehicle Detection (MVD) devices along South Loop 289 from I-27, west to 34th St. SOUTH LOOP 289 The City (LP&L) will provide 4 dark fiber strands and OC -3 bandwidth on t pair of fiber strands on its existing fiber optic network (FON) to connect TxDOT's network along South Loop 289 between I-27 and Spur 327. These strands will be incorporated into the larger fiber network with the following connections; • LP&L Slaton Substation, • Ave. P & South Loop 289, • University Ave. & South Loop 289, • Indiana Ave. & South Loop 289, • Memphis Ave. & South Loop 289, • Slide Road & South Loop 289, and • 58`h St. & West Loop 289 WEST LOOP 289 TxDOT will install a 72 fiber strand in underground conduit between Spur 327 and 34th St. This will connect with the COL fiber and provide the backbone for future expansions along Spur 327, US 62/82 (Marsha Sharp Freeway) and the Northwest Passage project along Northwest Loop 289. These connections and fiber runs will provide the communication link to the three DMS, three MVD devices and nine CCTV cameras along the South Loop. PROJECT ITS/2 This second project lets in October 2008 and will include CCTV, DMS and MVD's along the Marsha Sharp Freeway. AVE. Q CONNECTION BETWEEN THE COL TRAFFIC MANAGEMENT CENTER TMC AND TxDOT LUBBOCK SERVERS A proposed 72 to 96 strand fiber run will be built from the COL TMC, west along 13th St. to near Ave. Q. The run will continue south parallel to Ave Q to 66th St. where it will go east across the 1-27 overpass and into the TxDOT TMC. Lateral fiber runs at 19`x' St., 34th St., and 50th St. will connect the signals along I-27 and provide the backbone for future ITS development along the interstate. Both agencies will share equally in both the cost of construction and the number of fibers allocated for each agency. COL Fiber Agreement Page 7 of 10 9125106 ATTACHMENT "A" (cont.) US 82 MARSHA SHARP FREEWAY ITS conduit runs were included and are being built as part of the Marsha Sharp Freeway construction projects. ITS/2 will be a separate project funded and administered by TxDOT that will install 72 strand fiber through the conduit that will stretch from West Loop 289 to I-27. A connection will be made from this run to the COL TMC in order to complete the fiber ring. ITS elements along this route include three DMS, four MVD devices and 9 CCTV cameras. As part of the cost sharing agreement TxDOT will provide 4 dark fiber strands along US 62/82 from West Loop 289 to I-27 and West Loop 289 from Slade Road to 34th St.. Additionally TxDOT will provide 4 dark fiber strands on its future FON on West Loop 289 from 34th St. to North Quaker Ave. Access for connecting to these fibers will be at or near the following locations: • Slide Road & South Loop 289, • 291h St. Drive & (US 62182), • Indiana Ave. & (US 62182), • 4th St. & Flint Ave., • Ave L & (US 62/82), • 57th St. & W. Loop 289, • 501h St. & Loop 289, • Buddy Holly Ave. & (US 62/82), • West Loop 289 & 11th Place, and • West Loop 289 & Erskine St. TxDOT will provide a minimum of 2 additional dark fibers for COL on its future FON on US 62/82, Spur 327, Loop 289, and I-27 that will extend the signal communication backbone to adjacent major arterial cross streets that can be connected to the COL Transportation System. COL Fiber Agreement Page 8 of 10 9/25/06 41H U:/overlay.dgn 6/29/2006 3:10:29 PM iIT Preston Smith l international Airport Resolution No. 2006—Rp560 ATTA C H M ENT' LUBBOCK FIBER MAP d 89 y - 77 — — —`%7,- m I + Dnp : 1, Ft, _ _ f City of'- ti yam_ a r l �' Cit of ( Lub6oC ISI I Lubbock a i j � L. 1_ � , � T� �. — _ TMC ri TM y� -� ' ` _ I -4—� I qTH [ ST Imo_ { f ° L s {(. f f — $ --TH I.— 89 —16 27 --4 I , �- , r �•_y - � \` ` f4�k `fir-^/ - _. .�_ - - - - : IL : i : Substation 1. TXDOT J / TMC a �' I , OT _T M T B 9 -� I- •..— _ a L�I - i -� City of Lubbock (LpeL) (existing) (Sole ownership) City of Lubbock (proposed) (Sole Ownership) TxDOT (proposed) (Sole ownership) ® City of Lubbock/TxDOT (proposed) (Joint ownership) x. I _ J ORIGINAL Resolution No. 2006—RO560 Attachment C REQUEST FOR AUTHORIZATION OF FIBER NETWORK CONNECTION Requested by: Texas Department of Transportation City of Lubbock Cnrfinn A _ innracc Mhar At -race Lnratinn lnfnrmntinn Ingress Location (e.g. control cabinet name) Identification (physical address) Ingress Location (physical address) Address Fiber Interface _ Dark Fiber Splice _ Wave Division Multiplexer Method Connection Interface Quantity (e.g. # of fiber strands, # of WDM connections) Interface Optical _ 850 nm _ 1310 nm _ 1550 nm Wavelength Other (Specify) Maximum Interface _ T-1 _ NTSC _ 10Mbps 100 Mbps 1Gbps Bandwidth DS -3 OC -3 OC -12 OC -48 Other (Specify) Special Ingress (e.g• routing, backup considerations, maximum loss) Requirements and Comments Cor+;nn R - Fnracc Fihar Arracc i .nenfinn Infnranafinn Egress Location Identification (e.g, control cabinet name) Egress Location (physical address) Address Special Egress Requirements and Comments Contact Person: Activation Date Requested: Requested By: Section C — Provider Review and Response Engineering Comments: Engineering Recommendation: Approve Engineering Reviewed By: Approved by: Phone No.: Date: Do Not Approve Date: Date: COL Fiber Agreement Page 10 of 10 9/25/06