6.7 Salina Regional Health Center Fiber Optic Cable CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
01/13/2014 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO:
DEPARTMENT BY:
DEVELOPMENT SERVICES
ITEM FINAL APPROV L:
Planning
NO:
Page I BY: Dean Andrew DA BY:
ITEM: Resolution No. 14- 7072
License agreement between the City of Salina and Salina Regional Health Center to allow the
installation of a private fiber optic cable within the public right-of-way of North Oakdale Avenue and
East Elm Street to provide connectivity between the Donna Vanier Children's Center at 155 North
Oakdale Avenue and the COMCARE Clinic at 617 East Elm Street.
BACKGROUND:
The Salina Regional Health Foundation recently completed construction of the Donna Vanier
Children's Center at the southeast corner of North Oakdale Avenue and Ash Street. The Salina
Regional Health Center also recently constructed a new secure data center at 715 East Iron Avenue.
In 2012, the Salina Regional Health Center received City Commission permission to install fiber optic
cable along North Oakdale Avenue and East Iron Avenue to provide data, telephone and security
connectivity between these two facilities and the main hospital campus. The Salina Regional Health
Center recently acquired the COMCARE Clinic at 617 East Elm Street and desires to tie it in into their
fiber optic network. Their request is to install additional cable along the west side of Oakdale Avenue
and along the north side of Elm Street from the Children's Center to connect it with the COMCARE
Clinic. While it is not ideal to have private fiber optic lines in the public right-of-way, it provides the
clearest path between the hospital and remote hospital related facilities.
Staff has contacted the other public and franchise utilities that utilize the public right-of-way and they
do not have any objections to the placement or proposed route or location of the fiber optic line. The
Salina Regional Health Center's use of the right-of-way would be subordinate to the use by public
(water and sewer) and franchise (Westar, Kansas Gas and AT&T) utilities.
The Salina Regional Health Center will hire a qualified contractor to do the boring and install the new
fiber optic cable which would be approximately 1200 ft. in length. The attached license agreement has
been developed to authorize the Salina Regional Health Center to install what will be a privately
owned and maintained fiber optic line within the public right-of-way which is usually reserved for public
and franchise utilities. This type of license agreement requires the owners of the line to acknowledge
that there are certain risks and liabilities associated with the installation of private improvements in
public street right-of-ways. The agreement outlines the responsibilities of the owner of the line and
their successors for maintenance of the line and the possible need to remove or relocate the cable or
hold the City and franchise utilities harmless should the fiber optic line be found to conflict with the
existence or ongoing maintenance of public or franchise utility lines located within the Oakdale
Avenue and Elm Street right-of-way.
COMFORMANCE WITH STRATEGIC PLAN:
Approval of this agreement would be consistent with Goals #3 and #6 which state:
"The City will provide the highest quality of services, consistent with governing body direction available
resources and staff commitment to quality."
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
01/13/2014 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO:
DEPARTMENT BY:
ITEM DEVELOPMENT SERVICES Planning FINAL APPROVAL:
NO:
Page 2 BY: Dean Andrew BY:
"The City will work to make Salina a city that has connectivity physically and socially."
FISCAL NOTE:
The cost of installation of the fiber optic cable from the Donna Vanier Children's Center to the
COMCARE Clinic will be paid for by the Salina Regional Health Center. There should be no fiscal
impact on the City. The health center will have maintenance responsibility for all of the fiber optic
cable installed from the hospital to remote hospital owned facilities.
RECOMMENDED ACTION:
It is recommended that the City Commission approve Resolution No. 14-7072 authorizing the Mayor
to sign a license agreement with Salina Regional Health Center authorizing a private fiber optic cable
to be placed in the North Oakdale Avenue and East Elm Street right-of-way.
Enclosures: Application
License Agreement
Exhibits
Resolution No. 14-7072
cc: Jack Hinnenkamp, Salina Regional Health Center
Cityof
APPLICATION FOR LICENSE AGREEMENT
DATE: A✓at/EPA iZ /9. Zo/3
An application is hereby made for a license agreement to allow encroachment and
improvements into and/or within the public right-of-way as described below. (Give
address, location or common description of the street or area requested for licensing, '
and provide construction plans and a map of the area.)
Application for approval of a license agreement to allow the following encroachment
into and/or improvements within the public right-of-way. List all items:
Fi R� c7nc Ca.,,,,ru,✓,cr--tea✓ 1jN ./P✓D Raz At6V. -. 771'CaS Nun'an OP
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Legal description of area(s) to be licensed:
Have the improvements / encroachments been installed prior to this application? Y 0
Name of Contractor who will execute the project:
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Name ,,a-aua rte_ co„urecialty s9tr✓g -ry ec Aaco...iey Phone
re cream/7- 09443-5;4Lf.
Address:
Name of responsible party that will carry out maintenance of improvements I
encroachments:
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Name Phone
goo Sou/ rrnvr fe
Address:
If listed contractor or maintenance responsibility changes. it is the applicant's
responsibility to notify the City of Salina Department of Public Works at 309-5725.
License Agreement — Application Revised 11/27/06
Are there existing license agreements in place at this location? If yes, provide date,
name, and location of previous agreement:
Site development plan/construction plans submittal date:
License Agreement Applicant: srt/1,✓a te6-v,✓et ti?i_17f CENic-2
/ // L Name
cJSF c[c- „v,Ja v/mti? 756-9S2- 7/5/6
Contact Person Phone
Jl1 ��ne ►� .s.1,YG. Co.y 7 g-,/S2- 6963
Email Fax
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Address
Landowner / Responsible Party: c5; /E As 4,Sade
Name
Contact Person Phone
Email Fax
Address
Licensee (Tenant), HOA, or POA: -5-At 'is ,4SO✓r
Name
Contact Person Phone
Email Fax
Address
Proposed use of Right-of-Way (describe):
/,✓sma gas nr N F/r3EX°/77e Comm un,/c/t7Jo-d 11,41P D1/ril Cute /rJ Cord Pat rr la
Coe-Wen- ffPP tnln.JAL SQHC own/e2) P'Qo 8z77k7f 73 1110 77/e Ana/7/11/ /hEt/-
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License Agreement — Application Revised 11/27/06
I, the undersigned Owner/Tenant/Applicant/Agent, declare that the information provided in
this application is valid and correct. I have read and understand that this application will be
processed in accordance with the process for requesting a License Agreement and that no
action on processing will be taken without payment of the non-refundable processing fee. I
understand that acceptance of this application in no way obligates the City to license the
subject area. I understand the purpose and value of the public right-of-way, and that the
final determination will be made by the Salina City Commission. It is further understood that
the City of Salina is not responsible for any cost or inconvenience incurred by the
Owner/Tenant/Applicant/Agent/ if this application is not approved.
Signed + /AAA__L _ , ,/
Owner/Tenant/Ap J cant/Agent
Printed namejArA c4L.rm f
Title: d P. FACiuntt sANc
License Agreement — Application Revised 11/27/06
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LICENSE AGREEMENT
This License Agreement made this day of January, 2014, by and between the CITY OF
SALINA, KANSAS, a municipal corporation (the "City") and SALINA REGIONAL HEALTH
CENTER(the "Licensee"). •
RECITALS
A. Salina Regional Health Center (the "Licensee") has completed construction of a new data
center on a parcel legally described as Lots 11, 12, 13 and 14, Block 4 in the Oakdale Addition to the City
of Salina and addressed as 715 E. Iron Avenue.
B. Salina Regional Health Center recently completed the acquisition of the COMCARE
campus which is located on a parcel legally described as:
All of Lots One (1), Two (2) and Three (3) and the South Seventy(70') feet of
Lot Four (4) all in Block Five (5). Northeast Industrial Park: Blocks Four (4)
through Six (6), an Addition to the City of Salina, Saline County, Kansas and
addressed as 617 East Elm Street.
C. The Licensee has informed the City of their desire to install a private fiber optic cable
within the public right-of-way of North Oakdale Avenue and East Elm Street for the purpose of providing
a fiber optic link to provide data, telephone and security connectivity between the Data Center at 715 East
Iron Avenue and the COMCARE campus at 617 East Elm Street.
D. The City has determined that the granting of a license to the Licensee to install the private
fiber optic cable within the public right-of-way as depicted on the attached and incorporated Exhibit A
should not interfere with use of the public right-of-way by the City or its franchisees.
E. The City has determined that the public interest would be served by granting a license to
the Licensee to install the private fiber optic cable within the North Oakdale Avenue and East Elm Street
public right-of-way, subject to the terms and conditions outlined below.
THE PARTIES THEREFORE AGREE:
1. Grant. The City hereby grants a license (the "License") to the Licensee and their
contractor to install and maintain a private fiber optic cable (the"Line") in the North Oakdale Avenue and
East Elm Street right-of-way as depicted on Exhibit A (the "Right-of-Way") for the limited purpose of
providing a fiber optic link between the Data Center, 715 East Iron Avenue and the COMCARE campus
at 617 East Elm Street. The Line is not for the provision of any fiber optic service under any arrangement
with any person or entity other than the Licensee and its successors and authorized assigns.
2. Use of Right-of-Way. In the use of the Right-of-Way under this Licensee Agreement, the
Licensee shall be subject to all rules, regulations, policies, resolutions, and ordinances now or hereafter
adopted or promulgated by the City and shall be subject to all applicable laws, orders, rules, and
regulations adopted by governmental bodies now or hereafter having jurisdiction. In addition, the
Licensee and their contractor shall be subject to all rules, regulations, policies, resolutions,and ordinances
now or hereafter adopted or promulgated by the City relating to permits and fees, sidewalk and pavement
cuts, utility location, construction coordination, beautification, and other requirements on the use of the
public right-of-way and shall comply with the following:
a. The Licensee's use of the Right-of-Way shall in all matters be subordinate to the City's
use of the Right-of-Way for any public purpose. The Licensee and their contractor shall
coordinate the placement of the Line in a manner which minimizes adverse impact on public
improvements and franchise utilities, as reasonably determined by the City. Where placement is
not otherwise regulated, the Line shall be placed with adequate clearance from such public
improvements and franchise utilities so as not to impact or be impacted by such public
improvement or franchise utility line.
Because of the number of public utility lines located along the proposed fiber optic route, the
Licensee's contractor shall confirm the horizontal location and vertical elevation of the water,
sanitary sewer and storm sewer lines along the route and consult with Utilities Department prior
to beginning installation of the fiber optic line.
b. All earth, materials, sidewalks, driveway approaches, paving, crossings, utilities, public
improvements, or improvements of any kind injured or removed by the Licensee or their
contractor in their activities under this License Agreement shall be fully repaired or replaced
promptly by the Licensee or their contractor at their expense and to the reasonable satisfaction of
the City or owner thereof.
c. All of the materials, plans, and installation of the Line shall be approved by or as directed
by the Public Works and Utilities Departments and in accordance with any other approved
specifications for performing work in the public right-of-way.
d. The Licensee shall keep and maintain accurate records and as-built drawings depicting
accurate horizontal and vertical location of the Line as constructed or reconstructed in the Right-
of-Way after the date hereof. All points of the Line shall be horizontally located from street
centerline, or section or quarter section lines or corners. Vertical locations or all points of
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facilities shall consist of elevations in either City datum or United States Geological Survey
datum.
e. Prior to construction, reconstruction, or relocation of any facilities in the Right-of-Way,
the Licensee or their contractor shall submit to the Public Works and Utilities Departments for
approval, plans and specifications of the proposed installation. Such approval shall not be
unreasonably withheld, delayed, or conditioned.
f. The Licensee shall cooperate promptly and fully with the City and take all measures
necessary to provide accurate and complete information regarding the nature and locations, both
horizontal and vertical, of the Line located within the Right-of-Way when requested by the City
or its authorized agents for a public project. Such location and identification shall be at the sole
expense of the Licensee without expense to the City, its employees, agents or authorized
contractors. The Licensee shall have a person familiar with the facilities, who is responsible for
timely satisfying information needs of the City and other users of the Right-of-Way.
g. The Licensee shall promptly relocate or adjust the Line located in the Right-of-Way for
any project planned or undertaken by the City or any governmental entity for construction,
reconstruction, maintenance, or repair of public facilities or public improvements, or any other
purpose of a public nature. Such relocation or adjustment shall be performed by the Licensee at
their sole expense without expense to the City, its employees, agents or authorized contractors
and shall be specifically subject to rules and regulations of the City not inconsistent with this
License Agreement pertaining to such.
h. It shall be the sole responsibility of the Licensee to take adequate measures to protect and
defend the Line in the Right-of-Way from harm or damage. If the Licensee fails to accurately or
timely locate the Line when requested, they will have no claim for costs or damages against the
City and its authorized contractors or any other party authorized to be in the Right-of-Way unless
such party is solely responsible for the harm or damage by its negligence or intentional conduct.
i. The Licensee or their contractor shall notify the City not less than three (3) working days
in advance of any excavation, construction, reconstruction, repair, or relocation of the Line which
would require any street closure which reduces traffic flow to less than two (2) lanes of moving
traffic. The City shall follow its policies in the grant or denial of such street closure, which shall
not be unreasonably delayed or withheld. In addition, all work performed in the traveled way or
which in any way impacts vehicular or pedestrian traffic shall be properly signed, barricaded, and
otherwise protected. Such signing shall be in conformance with the latest edition of the Federal
Highway Administration's Standards and Guideline for Work Zone Traffic Control.
J. All technical standards governing construction, reconstruction, installation, operation,
testing, use, maintenance, and dismantling of the Line in the Right-of-Way shall be in accordance
with applicable present and future federal, state, and City law and regulation, including but not
limited to the most recent editions of the Uniform Plumbing Code, National Electrical Code, the
National Electrical Safety Code and the Fiber Optic yLine Installation Standard of the
Telecommunications Industry Committee, or such substantive equivalents as may hereafter be
adopted or promulgated. It is understood that the standards established in this paragraph are
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minimum standards and the requirements established or referenced in this ordinance may be
additional to or stricter than such minimum standards.
3. Indemnification and Hold Harmless. During the term of License, the Licensee and its
successors and assigns shall hold harmless and indemnify the City, its officers, agents, employees and
authorized contractors, against all liability, loss damage, expense, and judgment, including attorney's
fees so incurred, arising from or relating to its installation, use or maintenance of the Line in the public
right-of-way pursuant to this License Agreement by the Licensee, their agents, contractors, or
employees.
4. General Liability Insurance. The Licensee agrees to procure and maintain, during the
term of this License Agreement and any extension thereof for their use and operations on the Right-of-
Way, commercial general liability insurance with limits not less than $1,000,000 each occurrence
bodily injury and/or property damage. including the risk of explosion, collapse & underground;
$500,000 personal and/or advertising injury limit, $1,000,000 products and completed operations
aggregate and $1,000,000 general aggregate; $500,000 Auto Liability for all Owned, Hired and Non-
Owned Autos; and Statutory Worker's Compensation insurance. Licensee is responsible to ensure their
independent contractors carry coverage equal or greater than that required of the Licensee. City shall
be named as an additional insured on Licensee's general liability policy. Licensee shall keep on file
with City a certificate of insurance that shows compliance with its obligations as set forth herein.
Licensee agrees to obtain insurance coverage or self-insure itself for contents or owned equipment
associated with its own operation(s). Licensee or its insurance representative shall provide for at least
thirty (30) days prior written notice of cancellation or any changes of insurers to City.
The insurance limits outlined above represent the minimum coverage limit and do not infer or place a
limit of liability of the Licensee nor has the City assessed the risk that may be applicable to the Licensee.
The Licensee's liability program will be primary and any insurance maintained by the City (including
self-insurance)will not contribute with the coverage maintained by the Licensee. Coverage limits outlined
above may be met by a combination of primary and excess liability insurance programs. The City will
only accept coverage from an insurance carrier who offer proof that it is licensed to do business in the
State of Kansas, and carries a Best's rating of"A:X" or better; or is a company mutually agreed upon by
the City and the Licensee.
5. Title. By granting this license the City does not warrant title to or the right to possess and
occupy the Right-of-Way. In the event that it is determined that the City is not entitled to possess and
utilize the Right-of-Way, this License Agreement shall terminate and the Licensee shall quit and
surrender their use of the Line in the Right-of-Way in compliance with this License Agreement.
6. Corps of Engineer Approvals. Any permission granted pursuant to this License
Agreement to install the Line shall be subject to and conditional upon approval by the Corps of Engineers
where applicable.
7. Breach of License Agreement. In the event that the Licensee uses the Line for any purpose
other than that specifically authorized under this License Agreement, all rights granted hereunder to the
Licensee shall immediately cease as if never granted and the Licensee shall immediately quit and
surrender its use of the Line in the Right-of-Way. In the event that the Licensee or their contractor shall
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fail to comply with any other substantial term, condition or covenant of this License Agreement within ten
(10) days after written notice to do so has been mailed to them by the City, or in the event the Licensee
abandons their authorized use of the Right-of-Way, any such event shall be deemed an immediate breach
and forfeiture of the License Agreement which shall then terminate. Upon such termination of this
license, the Licensee shall quit and surrender their use of the Line in the Right-of-Way in compliance with
the terms of this License Agreement.
8. Term. The License shall commence upon execution of this License Agreement and shall
continue until the earlier of:
a. The Licensee's discontinuation of its authorized use of the Right-of-Way;
b. Notification of the Licensee by the City that the public interest is best served by the use of
the Right-of-Way in a manner in conflict with the License, and that the License shall
terminate no less than 90 days following such notice; or
c. Termination of the License pursuant to paragraph 7 above.
9. Removal of Lines. Upon termination of this License Agreement, the Licensee shall have
the right to remove the Line within a reasonable time, not to exceed one hundred twenty (120) days. In
the event the Licensee chooses to exercise the right to remove the Line, they or their contractor shall
within the permitted time period restore the Right-of-Way from which the Line is removed to as good a
condition as existed prior to the removal. In the event the Licensee or their contractor should exercise
their right to remove the Line but fail to properly restore the Right-of-Way, the City shall have the right to
cause the Right-of-Way to be restored and to charge any reasonable costs associated therewith to the
Licensee.
10. Notices. Any notice to either party hereunder shall be sufficient if mailed by United States
mail, postage prepaid, at the following addresses:
City of Salina, Kansas
c/o City Clerk
P.O. Box 736
Salina, KS 67402-0736
Salina Regional Health Center
do Information Technology Services—452-6005
400 South Santa Fe Avenue
Salina. KS 67401
11. Invalidity in Part. If any clause, sentence, or paragraph of this License Agreement shall be
held to be invalid, it shall not affect the validity of the remaining provisions of this License Agreement.
12. Binding Effect. This License Agreement shall be binding upon the parties, their heirs and
assigns, and shall be binding upon and run with the Land described in recitals A. and B. above.
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EXECUTED the day and year first above stated.
CITY OF SALINA, KANSAS
By:
Barbara V. Shirley. Mayor
ATTEST:
Shandi Wicks, CMC, Interim City Clerk
By:
Micheal Tenn, Chief Executive Officer
Salina Regional Health Center
STATE OF KANSAS COUNTY OF SALINE, SS:
On this day of January, 2014, before me a Notary Public in and for said state, personally
appeared Barbara V. Shirley, Mayor of the City of Salina, Kansas and Shandi Wicks, CMC, Interim City
Clerk for the City of Salina, Kansas, known to me to be the persons who executed the within License
Agreement and acknowledged to me that they executed the same for the purposes therein stated on behalf
of the City of Salina, Kansas.
Notary Public
STATE OF KANSAS COUNTY OF SALINE, SS:
On this day of January, 2014, before me a Notary Public in and for said state, personally
appeared Micheal Terry. Chief Executive Officer of the Salina Regional Health Center, known to me to
be the person who executed the within License Agreement and acknowledged to me that they executed
the same for the purposes therein stated on behalf of said Corporation.
-6-
Notary Public
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RESOLUTION NUMBER 14-7072
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LICENSE
AGREEMENT WITH SALINA REGIONAL HEALTH CENTER FOR INSTALLATION OF
FIBER OPTIC CABLE IN THE PUBLIC RIGHT-OF-WAY ON NORTH OAKDALE AVENUE
AND EAST ELM STREET IN THE OAKDALE ADDITION, RIVERSIDE PARK ADDITION
AND NORTHEAST INDUSTRIAL PARK, BLOCKS FOUR (4) THROUGH SIX (6) AN
ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS.
BE IT RESOLVED by the Governing Body of the City of Salina, Kansas:
Section 1. The Mayor is hereby authorized to execute a license agreement with Salina Regional
Health Center to allow the installation of fiber optic cable in the public right-of-way on North Oakdale
Avenue and East Elm Street in the Oakdale Addition, Riverside Park Addition and Northeast Industrial
Park Blocks Four(4)through Six (6),an Addition to the City of Salina. Saline County.Kansas, subject
to the terms and conditions of the agreement.
Section 2. The City Clerk is hereby directed to file the original license agreement and retain it
according to the City of Salina Records Management Policy.
Section 3. This resolution shall be in full force and effect from and after its adoption.
Adopted by the Board of Commissioners and signed by the Mayor this 13th day of January, 2014.
Barbara V. Shirley, Mayor
(SEAL)
ATTEST:
Shandi Wicks, CMC, Interim City Clerk