Proposed Amendment to Existing Master Agreement and Project Statement with Unite Private Networks (UPN)City of Dubuque
City Council Meeting
Consent Items # 09.
Copyrighted
June 20, 2022
ITEM TITLE: Proposed Amendment to Existing Master Agreement and Project
Statement with Unite Private Networks (UPN.)
SUMMARY: City Manager recommending approval of an amendment to an existing
Master Agreement and Project Statement in place between the City of
Dubuque and Unite Private Networks (UPN).
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description
Proposed Amendment to Master Co -location and
Shared Services Agreement Between the City of
Dubuque and Unite Private Networks-MVM Memo
Amendment to Master Co -location and Shared
Services Agreement between Unite Private Networks
and the City of Dubuque Memo to the Manager
Amendment to Master Co -location and Shared
Services Agreement between Unite Private Networks
and the City of Dubuque
Type
City Manager Memo
Staff Memo
Supporting Documentation
THE CITY OF
Dubuque
DUB TEE1.
All -America City
Masterpiece on the Mississippi
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed Amendment to Master Co -location and Shared Services
Agreement Between the City of Dubuque and Unite Private Networks
DATE: June 16, 2022
Civil Engineer II Dave Ness, Information Services Manager Chris Kohlmann, and
Sustainable Innovation Consultant David Lyons are recommending City Council
approve an amendment to an existing Master Agreement and Project Statement in
place between the City of Dubuque and Unite Private Networks (UPN).
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Dave Ness, Civil Engineer II
Chris Kohlmann, Information Services Manager
David Lyons, Sustainable Innovation Consultant
THE CITY OF
DUB TE
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Dave Ness, Civil Engineer II
Chris Kohlmann, Information Services Manager
David Lyons, Sustainable Innovation Consultant
Dubuque
IIFlmeriw Cft
2007-2012.2013
2017*2019
SUBJECT: Proposed Amendment to Master Co -location and Shared Services
Agreement Between the City of Dubuque and Unite Private Networks
DATE: June 16, 2022
INTRODUCTION
The purpose of this memo is to request approval of an amendment to an existing
Master Agreement and Project Statement in place between the City of Dubuque and
Unite Private Networks (UPN.)
BACKGROUND
In 2016 the City of Dubuque undertook its Broadband Acceleration Initiative. The
Initiative focuses on public/private collaborations and includes a comprehensive
strategy to reduce the cost and time required for broadband expansions in Dubuque.
One effort within that strategy is the use of "Master Agreements", where an overall legal,
structural and financial relationship is established between the City and broadband
providers and approved by City Council. Project Statements carried out pursuant to that
Master Agreement can then be quickly considered and approved.
In 2017 the City of Dubuque and UPN entered into a Master Co -location and Shared
Services Agreement to accelerate the deployment of new broadband capacity in
Dubuque. The initial Project Statements under that collaboration and several
subsequent amendments have gone well and all anticipated value to the City is being
received.
DISCUSSION
UPN would like to undertake additional projects that would provide enhanced
broadband capacity to Hospice of Dubuque and Clarke University. The project would
involve the sharing of certain City conduit assets. The market value for these
collaborations to both City and UPN would be $75,620.
BUDGETIMPACT
There is no negative budgetary impact to the approval of the proposed additional
projects. Approving these proposed amendments will reimburse City costs for sharing,
maintaining and expanding its broadband capacity for City, industry and citizen needs
by $75,620.
RECOMMENDATION AND ACTION REQUESTED
This amendment to the existing Master Co -location and Shared Services Agreement
with Unite Private Networks supports Dubuque's Broadband Acceleration Initiative and
reimburses the cost to City of providing a state-of-the-art fiber optic infrastructure that
can be shared and leveraged for future use. We would respectfully request your
approval and recommendation to City Council.
c.c. Crenna Brumwell, City Attorney
Barry Lindahl, Senior Counsel
Kerry Bradley, Engineering
Steve Brown, Project Engineer
Amendment to Master Co -location and Shared Services Agreement between
Unite Private Networks and the City of Dubuque
Pursuant to the Master Co -locations and Shared Services Agreement between the City of Dubuque
(City) and Unite Private Networks (UPN) effectively dated November 16, 2017 and attached hereto, the
Parties hereby agree to the following PROJECT STATEMENT:
Narrative description of co -location and service sharing:
- City will allow UPN access to and use of certain presently unused conduit, further defined in Exhibit
A attached hereto, for purposes of providing broadband communication services and support to the
community of Dubuque.
- UPN is responsible for obtaining all permits required from federal, state or local government,
including but not limited to the Iowa Department of Transportation, Army Corps of Engineers, Iowa
Dept. of Natural Resources and any effected railroads, for work on the conduit.
- City shall have the right of prior review and approval of any repairs, restoration, relocations,
improvements, enhancements and maintenance of the conduit and fiber contained therein
proposed by UPN.
- Any additional conduit and fiber capacity available or added, other than that which is specifically
designated for UPN, shall be considered City assets and its future use controlled by City.
- During the term of this Project Statement UPN will have the responsibility to manage and maintain
the conduit and fiber therein, including but not limited to the following:
+ UPN shall provide physical assets and management services to City for its needs as it relates to
this conduit and as further defined in Exhibits A and B attached hereto.
+ If UPN incurs costs associated with future fiber repairs, fiber restoration or fiber relocation, City
will reimburse UPN for a percent of such costs on a pro-rata basis based on the proportionate
utilization of the conduit by City
+ Each party will notify the other if it detects any problems that may interrupt service. UPN
contact is 866-963-4237. City contact is Dave Ness, City Engineering, dness _cityofdubugue.org
(563) 589-1722.
Co -location or service site: The co -location and/or service site for this PROJECT STATEMENT is
generally described as below and as further shown in Exhibits A and B:
- Shared service activity, repair, restoration, relocations, improvements and enhancements of such
facilities starting at approximately 900 Wacker Drive and proceeding north to the NW Corner of
Pennsylvania Avenue of John F. Kennedy Road and as further specified in Exhibit A.
- Shared service activity, repair, restoration, relocations, improvements and enhancements of such
facilities starting at approximately the south-east corner of the intersection of John F. Kennedy
Road and Asbury Road to the West Locust Street vault located approximately 760 feet east of the
intersection of West Locust Street and Clarke Avenue and as further specified in Exhibit B.
Scope of shared service to be provided by City to UPN:
Access to and non-exclusive use of approximately 2150 linear feet of micro -duct, conduit,
manholes, handholds, markers, easements and right-of-way starting at approximately 900
Wacker Drive and proceeding north to the NW Corner of Pennsylvania Avenue of John F.
Kennedy Road and as further specified in Exhibit A to be licensed at $7.00 per linear foot.
Access to and non-exclusive use of approximately 8110 linear feet of micro -duct, conduit,
manholes, handholds, markers, easements and right-of-way starting at approximately the
south-east corner of the intersection of John F. Kennedy Road and Asbury Road to
approximately the intersection West Locust Street and Clarke Avenue as further specified in
Exhibit B to be licensed at $7.00 a linear foot.
Access to and non-exclusive use of approximately 760 linear feet of micro -duct, conduit,
manholes, handholds, markers, easements and right-of-way starting at approximately the
intersection of Clarke Drive and West Locust Street and continuing east as further specified in
Exhibit B to be licensed at $5.00 a linear foot. UPN also agrees to line this 760 linear feet of
conduit with two 12.7/10 and one 10/8 micro -duct.
Charges and Payment Terms:
As estimated the total costs to City in implementing services to UPN is $75,620:
- Duct license: From approximately 900 Wacker Drive and proceeding north to the NW Corner of
Pennsylvania Avenue of John F. Kennedy Road. (2150 If X $7 = $15,050)
- Duct License: From south-east corner of the intersection of John F. Kennedy Road and Asbury Road
to approximately the intersection West Locust Street and Clarke Drive. (8110 If x $7 = $56,770)
- Duct license: From approximately the intersection of Clarke Drive and West Locust Street and
continuing east 760 If. (760 If x 5.00 = $3,800)
As estimated the total costs to UPN in implementing services to Dubuque and fulfilling its
responsibilities under this Project Statement is $75,620:
- Payment of license conduit fee of $75,620
The market value provided to the City of Dubuque by UPN for this Project Statement is $ 75,620.
The market value provided to UPN by the City of Dubuque for this Project Statement is $75,620
There are no additional charges or payment terms required for the implementation of this Project
Statement.
Term of Project:
Start Date: July 1, 2022.
20 years from the start date with 5-year extensions at the mutual agreement of the parties.
Project Statement accepted:
Dated: 06/21 /2022
CITY OF DUBUQUE, IOWA
Michael Van Milligen, Dubuque City Manager
Exhibit A
Dated:
UNITE PRIVATE NETWORKS
d.%W!NI,
Charlene White, VP Real Estate
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