HomeMy WebLinkAboutClovis USD - Addendum No 1 to Agreement 5/20/2003 reguarding installation and use of high speed fiber optic cable and related infrastructureCITY OF FRESNO
City Clerk's Office (Original)
ADDENDUM NO. 1 TO AGREEMENT REGARDING INSTALLATION AND USE OF HIGH
SPEED FIBER OPTIC CABLE AND RELATED INFRASTRUCTURE
BETWEEN
THE CITY OF FRESNO AND CLOVIS UNIFIED SCHOOL DISTRICT
THIS ADDENDUM NO. 1 TO AGREEMENT REGARDING INSTALLATION AND
USE OF HIGH SPEED FIBER OPTIC CABLE AND RELATED INFRASTRUCTURE, dated
May 20, 2003 ("Agreement"), is made and entered into between the CITY OF FRESNO, a
municipal corporation ("City"), and CLOVIS UNIFIED SCHOOL DISTRICT, a public agency
("District".)
RECITALS
WHEREAS, the City and District are parties to the Agreement regarding the initial
phase of a Municipal Area Network Project for installation and use of high speed fiber optic
cable and related infrastructure ("Project"); and
WHEREAS, the parties desire to modify the Agreement to provide for the second
phase of the Municipal Area Network Project consisting of installation of 6 -pack fiber optic
conduit and cable along Willow Avenue south from the intersection with Behymer to Willow's
intersection with Shepherd Avenue, and then continuing west along Shepherd, ("Phase II"),
as more specifically provided/depicted in the Phase II Terms/Conditions/Schedule attached
as Exhibit "A" and incorporated herein, upon the terms and conditions provided in this
Addendum No. 1.
NOW THEREFORE, in consideration of the above recitals, which recitals are
contractual in nature, the mutual promises herein contained, and for other good and valuable
consideration hereby acknowledged, the parties agree as follows:
The Agreement is hereby modified to include Project Phase II.
District shall be responsible to acquire and install fiber optic conduit for Phase
II in a manner and location as more fully described in Exhibit [A] to this
Addendum. The District shall also install cable for its own benefit within the
conduit designated for its use. The parties acknowledge that the District
intends to contract with the City of Clovis ("Clovis") to perform the work
required for Phase II.
City will pay District for the costs required for its portion of Phase II, not to
exceed $8,000, as more fully described in Exhibit [A].
The parties acknowledge and agree that this Addendum is expressly
contingent upon and the parties shall have no obligation hereunder unless and
until the City of Clovis, as Project Phase II lead agency, agrees to provide for
the construction of the Project Phase II improvements.
4. The parties further acknowledge and agree that, as between the City and the
District, the District shall be solely responsible for and shall indemnify and
defend City (including reasonable attorney's fees) as to any and all damage to
existing Project conduit and fiber occurring during the installation or relocation
of fiber optic cable and conduit along Willow Avenue and Shepherd Avenue.
District's obligation under this section shall include all costs, damages and
- 1 -
liabilities arising hereunder or related hereto except to the extent of City's
negligence or willful misconduct.
5. All capitalized terms not otherwise defined herein shall have the meaning
ascribed to such terms in the Agreement.
6. In the event of conflict between the body of this Addendum No. 1 and any
Exhibit or attachment hereto, the body of Addendum No. 1 shall control/take
precedence.
7. The District will own the cable installed within the conduit designated for its
use within the City's right of way as part of this Phase II project.
In all other regards, the Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties authorized agents have executed this
Addendum No. 1 to Agreement at Fresno, California, the day and year first above
written.
CITY OF FRESNO CLOVIS UNIFIED SCHOOL TRICT
a Munici I or i _ enc 1
By: Si o'N' /Vvzi P By: Bill McGuire
Title: Assod4r+Ttredo'I intcr,�Cr1Y 11�9ntzr Title: Associate Superintendent
Data -7/07 Date:
/r/!
By:
By:
Title:
Title:
Date:
Date:
ATTEST:
Rebecca E. Klisch
City Clerk
By:
uLu�y ��v 1*2-107
APPROVED AS TO°1=ORM: CLOVIS UNIF. SCH. DIST.
James Sanchez Attn: Bill McGuire
By: 1450 Herndon Ave.
l �i-per Clovis, CA 93611
Deputy G..tA Phone: 559- 327-9110
1 FAX: 559- 327-9129
2-
CITY:
City of Fresno -Public Works Dept,
Attn: Scott Mozier
2600 Fresno Street, Room 4016
Fresno, CA 93721
Phone: 559-621-8811
FAX: 559-488-1045
Attachments:
Exhibit A — Project Phase II Terms/Conditions/Schedule
3-
EXHIBIT "A"
PHASE II Terms/Conditions/Schedule
1. District shall:
Pay all cost of construction of the Project Phase II improvements as described/depicted in
the attached Project Phase II schematic map. All conduit shall be 6 pack and shall
terminate/connect to existing City owned conduit at Willow/Behymer and Willow/Shepherd
Require that all Project Phase II improvements including construction and materials meet
City of Fresno/ITS standards and specifications, subject to necessary City
permits/approvals.
Require, as a condition of its payment for Project Phase II improvements, that the City shall
be vested with full ownership rights to all Project Phase II conduits in the City public right of
way including related vaults and appurtenances.
Require that any/all future additions or modifications to the fiber optics cables be subject to
City review and approval.
2. City shall:
Pay all costs of relocating the City owned vault at Willow/Shepherd with a new vault in the
ultimate location, as described and depicted in the attached Project Phase II schematic map
and as depicted in the Willow/Shepherd Intersection 60% design drawings, not to exceed a
cost of $8,000.00.
Allow District the use of one (1) City owned conduit previously installed in the public right of
way along Willow Avenue between Behymer Ave. and International Ave.
Allow District the use of one (1) City owned MAN conduit in the public right of way along
Willow Avenue between Behymer and Shepherd, installed as part of the Project Phase II
improvements. District will own the cable installed within the conduit designated for its use.
Maintain all conduit, cable, vaults and appurtenances within the City's right of way, except as
expressly provided herein.
Obtain all permits necessary for the completion of the work on Phase II at no cost to District.
3. District shall use its best efforts to have the improvements completed no later than March
31, 2008 and will keep City apprised of the progress.
J lwdocs1000211247%agt100156117.DOC
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November 28, 2007 Council Adoption: 11/27/07
RECEIVED Mayor Approval:
TO: MAYOR ALAN AUTRY Mayor Veto:
&607 DEC 10 PM 2: 22 Override Request:
FROM: REBECCA E. KLISCH,
City Clerk CITY CLERK, FRESNO C,
SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO
At the Council meeting of 11/27/07, Council took legislative action entitled Auth Addendum
#1 to existing agreement w/Clovis Unified School District, Item No. 1 P, by the following
vote:
Ayes Calhoun, Dages, Duncan, Sterling, Westerlund, Xiong, Perea
Noes None
Absent None
Abstain None
Please indicate either your formal approval or veto by completing the following sections and
executing and dating your action. Please file the completed memo with the Clerk's office on
or before December 10, 2007. In computing the ten day period required by Charter, the first
day has been excluded and the tenth day has been included unless the 10th day is a
Saturday, Sunday, or holiday, in which case it has also been excluded. Failure to file this
memo with the Clerk's office within the required time limit shall constitute approval of the
ordinance, resolution or action, and it shall take effect without the Mayor's signed approval.
Thank you.
APPROVED:
VETOED for the following reasons: (Written objections are required by Charter; attach
additional sheets if necessary.)
Ayes
Noes
Absent
Abstain
Date: 12)Ip lo:1
Date:
FRFRESNO
pof
ESNO REPORT TO THE CITY COUNCIL
November 27. 2007
FROM: PATRICK N. WIEMILLER, Director
Public Works Department
AGENDA ITEM NO. I P
COUNCIL MEETING 11-27-07
APPR9,VED
DEPARTMENT DIRECTOR
CITY MANAGER
BY: SCOTT L. MOZIER, PE, Assistant Director/Interim City Engineery}
Public Works Department a
JOHN STANBOULIAN, Project Manager
Public Works Department, Traffic Engineering Division
SUBJECT: AUTHORIZE PUBLIC WORKS DIRECTOR OR DESIGNEE TO SIGN ADDENDUM
NO, 1 TO AN EXISTING CONDUIT AND FIBER MAINTENANCE AGREEMENT
BETWEEN CITY OF FRESNO AND CLOVIS UNIFIED SCHOOL DISTRICT
KEY RESULT AREA
Resource Management and Customer Satisfaction.
RECOMMENDATIONS
Presented to Gly Caoncil
Date -
Disposition
Staff recommends that City Council authorize the Public Works Director or designee to sign
Addendum No. 1 to Agreement Regarding Installation And Use Of High Speed Fiber Optic Cable
And Related Infrastructure between the City of Fresno and Clovis Unified School District.
EXECUTIVE SUMMARY
In 2003, the Clovis Unified School District "District" was in the process of developing its
Metropolitan Area Network "MAN" to connect the District office with the District's high schools and
intermediate schools by means of high speed fiber optics. On May 20th 2003, the City and Clovis
Unified School District signed the Agreement Regarding Installation And Use Of High Speed Fiber
Optic Cable and Related Infrastructure "Agreement." The District was responsible for all costs of
the project; and the City constructed, owns, and maintains the conduit and fiber optic cable.
Addendum No. 1 to the May 20th 2003 Agreement represents Clovis Unified School District's
Metro Area Network Project Phase 2 which will provide fiber connectivity to the District's new
schools on Willow Ave. The District will be responsible for the construction and all associated
costs of the project, and the City will be responsible for the costs associated with the relocation of
a fiber vault at a cost not to exceed $8,000. Once the project is complete, the City will own the
conduit and maintain fiber optic cable. Staff is recommending this addendum to the existing
agreement as an excellent opportunity for partnership between the Clovis Unified School District
and the City of Fresno, providing for not only communication between school campuses but also
infrastructure for traffic signal synchronization.
*SOJECT TO MAYOR'S VETO
REPORT TO THE CITY COUNCIL
Addendum to Agreement with CUSD for Conduit and Fiber Maintenance
November 27, 2007
Page 2
KEY OBJECTIVE BALANCE
The recommendation perfectly balances the three Key Objectives of Customer Satisfaction,
Financial Management and Employee Satisfaction. This Agreement is an essential part of
providing fiber connectivity to new schools built on Willow Avenue (Customer Satisfaction). The
agreement substantially reduces the District's expenses and provides value for the City (Financial
Responsibility). The agreement provides one (1) mile of additional conduit for future traffic
synchronization efforts (Employee Satisfaction).
BACKGROUND
In 2003, the Clovis Unified School District "District" was in the process of developing its
Metropolitan Area Network "MAN" to connect the District office with the District's high schools and
intermediate schools by means of high speed fiber optics, and the District required that the
infrastructure be located in public right of way in the City of Fresno.
On May 20`h 2003, the City of Fresno and Clovis Unified School District signed the "Agreement
Regarding Installation and Use of High Speed Fiber Optic Cable and Related Infrastructure."
The City, at the District's expense, constructed conduit and fiber within the City's right of way from
• Willow & Sugar -Pine -Trail to
• Willow & Shepherd to
• Shepherd & Millbrook to
• Millbrook & Nees to
• Nees & First and ending at
• First at Kastner Middle School.
As part of the May 20th 2003 Agreement, the City constructed, owns and maintains six (6)
conduits in which one (1) conduit and fiber optic cable is dedicated for use by the District.
Addendum No. 1 to the May 20° 2003 Agreement represents Clovis Unified School District's
Metro Area Network Project Phase 2 which will provide fiber connectivity to the District's new
schools on Willow Avenue. The District, at their expense, will construct conduits and vaults within
the City's right of way along Willow Avenue from Shepherd to Behymer. The District, at their
expense, will install fiber in City owned conduit along Willow Avenue from Behymer to
International.
As part of the Addendum No. 1 to the May 20`" 2003 Agreement, the City shall own and maintain
six (6) conduit in which one (1) conduit and fiber optic cable will be dedicated for use by the
District.
REPORT TO THE CITY COUNCIL
Addendum to Agreement with CUSD for Conduit and Fiber Maintenance
November 27, 2007
Page 3
The Clovis Unified School District is responsible for the entire cost of the Metro Area Network
Project Phase 2 except for the relocation of a fiber vault at a cost not to exceed $8,000. The City
has plans to move the fiber vault as part of a future signalization of the Willow and Shepherd
intersection; therefore, the Public Works Department is being prudent and fiscally responsible by
relocating the vault at a fraction of the future costs prior to the District's installation of fiber-optic
cables.
FISCAL IMPACT
The May 20th 2003 Agreement stipulates that the City maintain the conduit and fiber optic cable
within the City's right of way. The proposed arrangement represents a substantial infrastructure
contribution to the City in exchange for long-term City maintenance of the conduit and fiber.
Maintenance costs are expected to be nominal and will be absorbed within the operating budget
of the Public Works Department.
PNW/SLWS/earn
Authorize Director to Sign Add #1 CUSD MAN Agr 11-27-07 R1
Attachment: Copy of Addendum No. 1
ADDENDUM NO. 1 TO AGREEMENT REGARDING INSTALLATION AND USE OF HIGH
SPEED FIBER OPTIC CABLE AND RELATED INFRASTRUCTURE
BETWEEN
THE CITY OF FRESNO AND CLOVIS UNIFIED SCHOOL DISTRICT
THIS ADDENDUM NO. 1 TO AGREEMENT REGARDING INSTALLATION AND
USE OF HIGH SPEED FIBER OPTIC CABLE AND RELATED INFRASTRUCTURE, dated
May 20, 2003 ("Agreement"), is made and entered into between the CITY OF FRESNO, a
municipal corporation ("City"), and CLOVIS UNIFIED SCHOOL DISTRICT, a public agency
("District".)
RECITALS
WHEREAS, the City and District are parties to the Agreement regarding the initial
phase of a Municipal Area Network Project for installation and use of high speed fiber optic
cable and related infrastructure ("Project"); and
WHEREAS, the parties desire to modify the Agreement to provide for the second
phase of the Municipal Area Network Project consisting of installation of 6 -pack fiber optic
conduit and cable along Willow Avenue south from the intersection with Behymer to Willow's
intersection with Shepherd Avenue, and then continuing west along Shepherd, ("Phase II"),
as more specifically provided/depicted in the Phase II Terms/Conditions/Schedule attached
as Exhibit ".A" and incorporated herein, upon the terms and conditions provided in this
Addendum No. 1.
NOW THEREFORE, in .consideration of the above recitals, which recitals are
contractual in nature, the mutual promises herein contained, and for other good and valuable
consideration hereby acknowledged, the parties agree as follows:
The Agreement is hereby modified to include Project Phase II.
2. District shall be responsible to acquire and install fiber optic conduit for Phase
II in a manner and location as more fully described in Exhibit'[A] to this
Addendum. The District shall also install cable for its own benefit within the
conduit designated for its use, The. parties acknowledge that the District
intends to contract with the City of Clovis ("Clovis") to perform the work
required for Phase Il.
City will pay District for the costs required for its portion of Phase 11, not to
exceed $8,000, as more fully described in Exhibit [A].
3. The parties acknowledge and agree that this Addendum is expressly
contingent upon and the parties shall have no obligation hereunder unless and
until the City of Clovis, as Project Phase II lead agency, agrees to provide for
the construction of the Project Phase 11 improvements.
4. The parties further acknowledge and agree that, as between the City and the
District, the District shall be solely responsible for and shall indemnify and
defend City (including reasonable attorney's fees) as to any and all damage to
existing Project conduit and fiber occurring during the installation or relocation
of fiber optic cable and conduit along Willow Avenue and Shepherd Avenue.
District's obligation under this section shall include all costs, damages and
-1-
liabilities arising hereunder or related hereto except to the extent of City's
negligence or willful misconduct.
5. All capitalized terms not otherwise defined herein shall have the meaning
ascribed to such terms in the Agreement.
6. In the event of conflict between the body of this Addendum No. 1 and any
Exhibit or attachment hereto, the body of Addendum No. 1 shall controlltake
precedence.
7. The District will own the cable installed within the conduit designated for its
use within the City's right of way as part of this Phase II project.
In all other regards, the Agreement shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties authorized agents have executed this
Addendum No. 1 to Agreement at Fresno, California, the day and year first above
written.
CITY OF FRESNO
a Municipal Corporation
By:
Title:
By:
Title:
ATTEST:
Rebecca E. Klisch
City Clerk
0
APPROVED AS TO FORM:
James Sanchez
By: p
Deputy G C
0
CL VIS UNIFIEDSCOOL TRICT
ncy C
By: Bill McGuire
Title: Associate Superintendent
Date: 11/1/07
By:
Title:
Date:
CLOVIS UNIF. SCH. DIST.
Attn: Bill McGuire
1450 Herndon Ave.
Clovis, CA 93611
Phone: 559- 327-9110
FAX: 559- 327-9129
CITY:
City of Fresno -Public Works Dept.
Attn: Scott Mozier
2600 Fresno Street, Room 4016
Fresno, CA 93721
Phone: 559-621-8811
FAX: 559-488-1045
Attachments:
Exhibit A — Project Phase II Terms/Conditions/Schedule
-3-
EXHIBIT "A"
PHASE II Terms/Conditions/Schedule
1. District shall:
Pay all cost of construction of the Project Phase II improvements as described/depicted in
the attached Project Phase II schematic map. All conduit shall be 6 pack and shall
terminate/connect to existing City owned conduit at Willow/Behymer and Willow/Shepherd.
Require that all Project Phase II improvements including construction and materials meet
City of Fresno/ITS standards and specifications, subject to necessary City
permits/approvals.
Require, as a condition of its payment for Project Phase II improvements, that the City shall
be vested with full ownership rights to all Project Phase II conduits in the City public right of
way including related vaults and appurtenances.
Require that any/all future additions or modifications to the fiber optics cables be subject to
City review and approval.
2. City shall
Pay all costs of relocating the City owned vault at Willow/Shepherd with a new vault in the
ultimate location, as described and depicted in the attached Project Phase II schematic map
and as depicted in the Willow/Shepherd Intersection 60% design drawings, not to exceed a
cost of $8,000.00.
Allow District the use of one (1) City owned conduit previously installed in the public right of
way along Willow Avenue between Behymer Ave. and International Ave.
Allow District the use of one (1) City owned MAN conduit in the public right of way along
Willow Avenue between Behymer and Shepherd, installed as part of the Project Phase II
improvements. District will own the cable installed within the conduit designated for its use.
Maintain all conduit, cable, vaults and appurtenances within the City's right of way, except as
expressly provided herein.
Obtain all permits necessary for the completion of the work on Phase II at no cost to District.
3. District shall use its best efforts to have the improvements completed no later than March
31, 2008 and will keep City apprised of the progress.
J AMOM\0002112471ag1100156117.DOC
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