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R2019-189 2019-08-12 RESOLUTION NO. R2019-189 A Resolution of the City Council of the City of Pearland,Texas,authorizing the City Manager or his designee to enter into a Multiple Use Agreement with the Texas Department of Transportation, for the sharing of fiber optic cable and related infrastructure. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Multiple Use Agreement, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a Multiple Use Agreement. PASSED, APPROVED and ADOPTED this the 12th day of August, A.D., 2019. Q,0 TOM REID sty:. /\ MAYOR ATTEST: MARIA RODRIGUEZ INTERIM CITY SECRETARY APPROVED AS TO FORM: DARRIN M. CO ER CITY ATTORNEY Contract No. 12-9TMF66001 STATE OF TEXAS § COUNTY OF TRAVIS § MULTIPLE USE AGREEMENT for SHARING FIBER OPTIC CABLE and RELATED INFRASTRUCTURE THIS CONTRACT is entered into by the Contracting Parties under Government Code, Chapter 791. CONTRACTING PARTIES: Texas Department of Transportation TxDOT City of Pearland Local Government The parties desire to connect to and use existing Fiber Optic Cable and Related Infrastructure for the purpose of transmitting transportation-related data only. Related Infrastructure includes but is not limited to fiber optic facilities such as conduit, ducts, control cabinets, poles, structures, etc. along TxDOT roadways and right-of-way, as well as offices, operations and control centers, substations, etc.within the TxDOT operations network. The desired connection and use must not cause damage to or adversely effect data, interconnections, systems, facilities, infrastructure or operations as determined by TxDOT. The governing body, by resolution or ordinance, dated , has authorized the Local Government to enter into this agreement. This contract incorporates the provisions of Attachment A, Local Government's Resolution or Ordinance; Attachment B, Descriptions and Specifications of Rights Granted in Article 2;Attachment C, Request for Authorization of Fiber Optic Cable Connection; Attachment D, Request for Authorization of Fiber Optic Cable-Related Infrastructure Connection; Attachment E, Map of Mutually Agreed-Upon Fiber Optic Cable and Related Infrastructure. In consideration of the mutual promises contained in this agreement, the TxDOT and the Local Government now agree as follows: AGREEMENT ARTICLE 1. CONTRACT PERIOD This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and shall terminate five (5)years from that date, or when otherwise modified or terminated, as hereinafter provided. ARTICLE 2. RIGHTS GRANTED A. The parties agree to allow the connection to their respective Fiber Optic Cable and Related Infrastructure by the other party. B. The Local Government shall be allowed to use only the mutually agreed upon TxDOT Fiber Optic Cable and Related Infrastructure as listed in Attachments B, C, D, and further illustrated in Attachment E. C. 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. D. Each party 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 Fiber Optic Cable and Related Infrastructure to the owning party's Fiber Optic Cable and Related Infrastructure. E. Any and all rights expressly granted to either party to use the Fiber Optic Cable and Related Infrastructure of the other party shall be subject to the prior and continuing right of the party to whom the Fiber Optic Cable and Related Infrastructure belongs to use its Fiber Optic Cable and Related Infrastructure for its own purposes under applicable laws. The rights granted 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 Fiber Optic Cable and Related Infrastructure. F. 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. ARTICLE 3. OPERATION AND MAINTENANCE RESPONSIBILITIES A. Each party will be responsible for the design,engineering, installation,operation and maintenance of their respective Fiber Optic Cable and Related Infrastructure system and components, to include the connections, within their Sharing Fiber Optic Cable Instructions Page 1 of 5 REV 06/21/2018 Contract No. 12-9TMF66001 respective right-of-ways. B. Each party is responsible for providing and maintaining any hardware, software, and additional infrastructure that are necessary to obtain the rights in Article 2. TxDOT may provide unused Intelligent Transportation Systems infrastructure and TxDOT facilities to support the additional infrastructure when possible and when deemed to be in the best interest of TxDOT. C. Because of unforeseen circumstances that may arise from the operation of TxDOT hardware or software, or other difficulties in telecommunications transmission over which TxDOT has no control, no guarantee is made that use of facilities will be available to the Local Government at all times during the term of this agreement. TxDOT is not responsible for any loss of revenue to the Local Government due to any interruption in the facilities. TxDOT does not guarantee a minimum response time to re-establish the facilities due to TxDOT network or system failures or any other circumstance. ARTICLE 4. INSTALLATION STANDARDS A. Any installation, repairs, or removal of equipment shall be performed in accordance with industry standards. B. At the Local Government's sole cost and expense, all such work shall be done in compliance with all applicable building codes, ordinances, and other laws, rules, or regulations of governmental authorities having jurisdiction over such work, including, but not limited to, the Americans with Disabilities Act and the Texas Architectural Barriers Act. C. The Local Government must obtain all required governmental agreements, permits, and authorizations prior to beginning any such work and shall provide copies of the same to TxDOT upon request. D. After commencement of the installation of the equipment, the Local Government shall perform such work with due diligence to its completion. E. The Local Government is solely responsible for meeting and adhering to the above listed standards notwithstanding TxDOT's approval of plans and specifications. ARTICLE 5. INSTALLATION OF EQUIPMENT A. The Local Government shall install any necessary hardware, software, or other infrastructure at its sole cost and risk. B. Any equipment installation, engineering design, or operations and maintenance plan provided by the Local Government shall be subject to TxDOT's review and approval to ensure compatibility with existing equipment and software. C. All equipment shall be clearly labeled to identify it as equipment installed by the Local Government. D. The Local Government shall provide all interface items required to maintain the equipment. E. Access by the Local Government's employees or contractors to the equipment located at TxDOT's facility will be by appointment only and must have designated TxDOT personnel present. ARTICLE 6. NOTICE TO PROCEED A properly completed Request for Authorization of Fiber Optic Cable and Related Infrastructure Connection form, attached to this agreement as Attachments C and D, shall be submitted to TxDOT for approval prior to any work being done. TxDOT shall review and approve or disapprove the connection, in writing, within sixty (60) days. During the course of the work, any substantial changes or alterations must also be submitted to TxDOT for prior written approval. All work shall be done in conformity with the approved Attachment B and C. Upon completion of the work, the Local Government shall promptly furnish suitable documentation showing the exact nature of the connection. ARTICLE 7. FEES TxDOT may require consideration for the agreement in the form of a payment;shared use of a telecommunication facility; or equipment, facilities, or services. TxDOT requires a tape of any stories related to TxDOT or those that involve any input from TxDOT employees that are aired by the Local Government. ARTICLE 8. INSPECTION Ingress and egress shall be allowed at all times to the Local Government's facility for Federal Highway Administration and TxDOT personnel and equipment when highway maintenance operations are necessary, and for inspection purposes; and upon request, all Local Government activities shall be prohibited until further notice from TxDOT. ARTICLE 9. INSURANCE To the extent that this agreement authorizes the Local Government or its contractor to perform any work on State right- of-way, before beginning work the entity performing the work shall provide TxDOT with a fully executed copy of TxDOT's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Sharing Fiber Optic Cable Instructions Page 2 of 5 REV 06/21/2018 Contract No. 12-9TMF66001 Certificate of Insurance for all persons and entities working on State right-of-way. This coverage shall be maintained until all work on the State right-of-way is complete. If coverage is not maintained, all work on State right-of-way shall cease immediately, and TxDOT may recover damages and all costs of completing the work. ARTICLE 10. AMENDMENTS Amendments to this agreement must be in writing and executed by both parties. Any amendments must be executed during the contract period established in Article 1, Contract Period. ARTICLE 11. TERMINATION A. Including the provisions established herein, this agreement may be terminated by either of the following conditions: 1. By mutual written agreement, or thirty (30) days after either party gives notice to the other party, whichever occurs first; or 2. By TxDOT at any time if it is found that traffic conditions have so changed that the existence or use of the respective Fiber Optic Cable and Related Infrastructure is impeding maintenance, damaging the highway facility, impairing safety or that the facility is not being properly operated or maintained or that it is not in the public interest; or 3. By TxDOT, upon written notice to the Local Government as consequence of the Local Government's failure to comply with the requirements of this agreement, unless the Local Government's failure to comply with the agreement is due to no fault of its own. B. If the termination is due to the failure of the Local Government to fulfill its contractual obligations, TxDOT will notify the Local Government that a possible breach of contract has occurred. The Local Government must remedy the breach as outlined by TxDOT to TxDOT's satisfaction within thirty (30) days from receipt of TxDOT's notification. TxDOT will declare this agreement terminated upon the Local Government's failure to remedy the breach within the thirty(30)day period. C. Termination of the agreement shall extinguish all rights, duties, obligations and liabilities of TxDOT and the Local Government under this agreement. D. Termination or expiration of this agreement shall not extinguish any of the Local Government's or TxDOT's obligations under this agreement that by their terms continue after the date of termination or expiration. ARTICLE 12. REMEDIES Violation or breach of contract by the Local Government shall be grounds for termination of the agreement and any increased costs arising from the Local Government's default, breach of contract or violation of agreement terms shall be paid by the Local Government. This agreement shall not be considered as specifying the exclusive remedy for any default, but either party may avail itself of any remedy existing at law or in equity, and all remedies shall be cumulative. ARTICLE 13. RELATIONSHIP BETWEEN THE PARTIES Each party acknowledges that it is not an agent, servant, or employee of the other party. Each party is responsible for its own acts and deeds and for those of its agents, servants, or employees. ARTICLE 14. ASSIGNMENT PROHIBITION The Local Government is prohibited from assigning any of the rights conferred by this agreement, to any third party without the advance written approval of TxDOT. Any attempted transfer of the rights or obligations of this agreement without TxDOT's consent shall be void and shall be grounds for termination of this agreement. ARTICLE 15. HOLD HARMLESS The Local Government shall indemnify and save harmless TxDOT and its officers and employees from all claims and liability due to its materials or activities of itself, its agents, or employees, performed under this agreement and that are caused by or result from error, omission, or negligent act of the Local Government or of any person employed by the Local Government. The Local Government shall also indemnify and save harmless TxDOT from any and all expense, including but not limited to attorney fees that may be incurred by TxDOT in litigation or otherwise resisting the claim or liabilities that may be imposed on TxDOT as a result of such activities by the Local Government, its agents, or employees. The Local Government agrees to indemnify and save harmless TxDOT and its officers, agents, and employees from any and all claims, damages, and attorneys'fees arising from the use of outdated data or information. The Local Government's indemnification of TxDOT shall extend for a period of three (3)years beyond the date of termination of this agreement. Sharing Fiber Optic Cable Instructions Page 3 of 5 REV 06/21/2018 Contract No. 12-9TM F66001 ARTICLE 16. GRATUITIES Any person who is doing business with or who reasonably speaking may do business with TxDOT under this agreement may not make any offer of benefits, gifts, or favors to employees of TxDOT. ARTICLE 17. CONFLICT OF INTEREST The Local Government shall not assign an employee to activities relating to this agreement if the employee: a. owns an interest in or is an officer or employee of a business entity that has or may have a contract with TxDOT relating to this agreement; b. has a direct or indirect financial interest in the outcome of this agreement; c. has performed services regarding the subject matter of the agreement for an entity that has a direct or indirect financial interest in the outcome of this agreement or that has or may have a contract with TxDOT; or d. is a current part-time or full-time employee of TxDOT. ARTICLE 18. COMPLIANCE WITH LAWS The Local Government shall comply with all applicable federal, state, and local laws, statutes, ordinances, rules and regulations, and with the orders and decrees of any court or administrative bodies or tribunals in any manner affecting the performance of this agreement. When requested,the Local Government shall furnish TxDOT with satisfactory proof of this compliance. The Local Government shall provide or obtain all applicable permits, plans, or other documentation required by a federal or state entity. ARTICLE 19. INFORMATION EXCHANGE A. Each party agrees to meet on, at a minimum, an annual basis for the purpose of reviewing future plans and current status of their respective Fiber Optic Cable and Related Infrastructure. B. The Local Government shall provide quarterly evaluation reports during the first calendar year of the agreement and annually thereafter detailing how and when the rights and infrastructure granted have been used. C. The Local Government shall not disclose information obtained from TxDOT under this agreement without the express written consent of TxDOT. ARTICLE 20. STATE AUDITOR'S PROVISION The State Auditor may conduct an audit or investigation of any entity receiving funds from TxDOT directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee,to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the State Auditor with access to any information the State Auditor considers relevant to the investigation or audit. ARTICLE 21. NOTICES All notices to either party by the other party required under this agreement shall be delivered personally or sent by U.S. Mail, postage prepaid, addressed to such party at the following respective addresses: State of Texas: Texas Department of Transportation ATTN: Director, Maintenance Division 125 East 11th Street Austin, Texas 78701 Local Government: City of Pearland ATTN: Traffic Manager 3519 Liberty Drive Pearland, Texas 77581 All notices shall be deemed to be received by the addressee on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. Sharing Fiber Optic Cable Instructions Page 4 of 5 REV 06/21/2018 Contract No. 12-9TMF66001 ARTICLE 22. SIGNATORY AUTHORITY Each signatory warrants that the signatory has the necessary authority to execute this agreement on behalf of the entity represented. IN TESTIMONY WHEREOF, TxDOT and the Local Government have executed duplicate counterparts of this agreement. CITY OF PEARLAND By Date Clay Pearson City Manager THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By Date Marc Williams Deputy Executive Director Sharing Fiber Optic Cable Instructions Page 5 of 5 REV 06/21/2018 ATTACHMENT A LOCAL GOVERNMENTS RESOLUTION OR ORDINANCE MUA-Sharing Fiber Optic Cable Page 1 of 1 Attachment A ATTACHMENT B DESCRIPTIONS AND SPECIFICATIONS OF RIGHTS GRANTED IN ARTICLE 2 RIGHTS GRANTED By TxDOT By Local Government 1. TxDOT will provide Local Government with four 1. Local Government shall provide TxDOT with four simultaneous traffic camera feeds of full-motion simultaneous traffic camera feeds of full-motion video to assist in traffic management and operations video to assist in traffic management and operations by analyzing and improving traffic flow throughout by analyzing and improving traffic flow throughout the Local Government and for the inspection of the Local Government and for the inspection of roadways during emergencies and natural disasters. roadways during emergencies and natural disasters. TxDOT may provide all cameras in District, but at 2. Local Government shall use TxDOT fiber for least for SH 288, in the Local Government and transportation-related purposes only. surrounding areas. PROVISION OF INFRASTRUCTURE By TxDOT By Local Government 1. TxDOT will provide Local Government with a 1. Local Government shall provide TxDOT with access connection into TxDOT's traffic management center and connection to Local Government traffic (TMC), Houston TranStar. management center. 2. TxDOT will provide access to State right-of-way, hub 2. Local Government shall provide access to its right- structures, and fiber optic cable as coordinated by of-way, traffic poles, and fiber optic cable as TxDOT Houston District maintenance office. coordinated by Local Government. 3. Four TxDOT fibers will be utilized: 3. Local Government fibers will be utilized: a. Fiber 1 &2—strands 3 and 6 will be used for a. Fiber 1 &2—strands 3 and 4 will be used for transmitting video from the City of Pearland to transmitting video from Local Government to TxDOT. TxDOT. b. Fibers 3 &4—strands 100 and 101 will be used b. Fibers 3&4—strands 9 and 10 will be used for for transmitting video to the City of Pearland transmitting video to TxDOT from Local from TxDOT. Government?. 4. TxDOT will provide an 8-port decoder. NON-MONETARY COMPENSATION By TxDOT By Local Government 1. TxDOT shall provide traffic camera images to 1. Local Government shall provide traffic camera Local Government. images to TxDOT. MUA-Sharing Fiber Optic Cable Page 1 of 1 Attachment B ATTACHMENT C REQUEST FOR AUTHORIZATION of FIBER OPTIC CABLE CONNECTION Requested by: City of Pearland Section A—Ingress Fiber Access Location Information Ingress Location Identification Beltway 8 Toll Plaza Ingress Location Address N/A Fiber Interface Method ® Dark Fiber Splice ❑Wave Division Multiplexer Connection Interface Quantity 4 Interface Optical Wavelength CI 850 nm ❑ 1310 nm CI 1550 nm ® N/A ❑ T-1 ❑ NTSC ❑ 10Mbps ❑ 100 Mbps Maximum Interface Bandwidth 1Gbps ❑ DS-3 ❑ OC-3 ❑ OC-12 ❑ OC-48 ❑--Other: please specify-- Special Ingress Requirements and N/A Comments Section B—Egress Fiber Access Location Information Egress Location Identification Pearland Public Safety Building Egress Location Address 2555 Cullen Blvd, Pearland, TX Special Egress Requirements and N/A Comments Technical Contact Person: Ken Townsend Phone Number: 713-802-5441 Activation Date Requested: 7/1/19 Requested By: Greg Kupferer Date: 3/1/19 Section C—Provider Agency(Texas Department of Transportation) Review and Response Engineering Comments: None Engineering Recommendation: ® Approve ❑ Do Not Approve Engineering Reviewed Valerie K.Taylor, P.E. By: Date: Approved by: Valerie K.Taylor, P.E. Date MUA-Sharing Fiber Optic Cable Page 1 of 1 Attachment C ATTACHMENT D REQUEST FOR AUTHORIZATION of INFRASTRUCTURE CONNECTION Requested by: City of Pearland Section A—Ingress Infrastructure Access Location Information Ingress Point ground box Ingress Location Address BW8 @ SH35 Ingress Location Identification Southeast Corner Type Infrastructure El3"conduit ❑ -- Other: please specify-- Z 4"multiduct conduit ❑ multi mode fiber optic cable--quantity-- Cable Type ®single mode fiber optic cable 144 El--Other: please specify-- #strands 4 Special Ingress Requirements and N/A Comments Section B—Egress Infrastructure Access Location Information Egress Point Pearland Public Safety Building Egress Location Address 2555 Cullen Blvd, Pearland,TX Egress Location Identification N/A Special Egress Requirements and Comments N/A Technical Contact Person: Ken Townsend Phone Number: 713-802-5441 Activation Date Requested: 7/1/19 Requested By: Greg Kupferer Date: 3/1/19 Section C—Provider Agency(Texas Department of Transportation) Review and Response Engineering Comments: None Engineering Recommendation: ®Approve El Do Not Approve Engineering Reviewed Valerie K. Taylor, P.E. By: Date: Approved by: Valerie K.Taylor, P.E. Date • MUA-Sharing Fiber Optic Cable Page 1 of 1 Attachment D ATTACHMENT E MAP OF MUTUALLY AGREED-UPON FIBER OPTIC CABLE and RELATED INFRASTRUCTURE i ' _.. .aqua St t, i 3 TxDOT Shares 4 fibers with the a 7 a i _ t City of Pearland to send and m t Anneinn Rd w r ` = N a W OC receive shared video(7.G miles). ``y u,atnda t a "' ..,r on i+1 t ttcuu Y S P. o attmn l g awn;E_ +s----- Sam Houston Tlwy F Sam Houston TIwYc. - A ....- II MAR �1 t(Lt1Uf 0 mar Rd 0--" L......: __ :;Sam Housto - 0 ,r 1-__ Th r E _____' MORRINIHCSIpE J- ......, ACE 1 ., r l,•.crF -w`-� {{ -kJ r. 1v['MY 1." Cwt(1840 hart, .. t s a. $VA Rd E !! sr. '' Y.' a 2 O Pd _ R�t In Its ark Pi thrr.t a If _ r n c a hU S•, n aaan RaA a yL p t,, Toll Plaza: , :�� '-' City of Pearland fiber _ I TxDOT/Houston TranStar - - From City of Pearland Hillhouse 'r network backbone Satellite Service Center south to .la*d drocta,d.Rd FM 518 d :...^A.11(•Rd connection. o ® - FM 518 from Hillhouse Road east t1 to SH 35 Si41,41,1, .,• Nbwi Rd - SH 35 north from FM 518 to BW 8 Stan.Rd City of Pearland Hillhouse vi,. R,^.,ad Cw1 aP Satellite Service Center ,aanv.a z s _ _ .:tn ` E nu0ti,In 4 $ i a< ! S ; f: I. ,c - •,..,,,,,, a S in -rCe i r oin WCRoanal;. o �' Vtr Garden t a c a g o, ' a a S ;� ., n W 0roadttaY St w Broadway St © o� w Broadway St (311) _ ? t eGio 7s MUA-Sharing Fiber Optic Cable Page 2 of 2 Attachment E OUTSIDE CLIENT INTEGRATION—TxDOT FIBER Houston TranStar CCTV Subsystem tit A Client - TranStar Firewall Client's PC-Houston TranStar will provide the CCTV Graphical User Interface for switching capabilities of the TMCt Internet cameras. 1 7 ......„....... TxDOT Satellite Client will view the video on their computer using iitoo:sii.- VLC TxDOT Fiber Connection for '1 i 1 I • Clients network 1 iF •E 3 m , v 2 ._„ - Client Clients Ethernet Switch Tx DOT owned owned IP \ IP Decoder Encoder \ MUA-Sharing Fiber Optic Cable Page 2 of 2 Attachment E