Master Agreement and Project Statement Amendment- Unite Private Network (UPN)City of Dubuque
City Council Meeting
Consent Items # 015.
Copyrighted
March 20, 2023
ITEM TITLE: Master Agreement and Project Statement Amendment - Unite Private
Network (UPN)
SUMMARY: City Manager recommending City Council approval of an amendment to
an existing Master Agreement and Project Statement between the City of
Dubuque and Unite Private Network (UPN).
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo Ordinance
Proposed Amendment to Master Co -location and
Shared Services Agreement Between the City of
Dubuque and Unite Private Network Memo to the City
Manager
UPN Amendment Final
Staff Memo
Supporting Documentation
THE CITY OF
1-6-7
Dubuque
DUB TEE
All-fimerica Ciq
1.1.11
Masterpiece on the Mississippi
2007-2012-2013
2017*2019
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 Network
DATE: March 14, 2023
Civil Engineer 11 Dave Ness, Information Services Manager Chris KohImann, and David
Lyons Sustainable Innovation Consultant are recommending City Council approval of an
amendment to an existing Master Agreement and Project Statement between the City of
Dubuque and Unite Private Network (UPN).
UPN would like to undertake an additional project that would provide broadband
capacity and support for enhanced telephony services in several business districts in
the City. There is no negative budgetary impact to the approval of the proposed
additional projects
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micl�ael C. Van Milligen
MCVM-sv
Attachment
CC' Crenna Brumwell Citv Attornev
I
Cori Burbach, Assistant City Manager
Dave Ness, Civil Engineer 11
Chris KohImann, 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 11
Chris KohImann, Information Services Manager
David Lyons, Sustainable Innovation Consultant
Dubuque
III-AmcriwCft
2007-2012-2013
2017*2019
SUBJECT: Proposed Amendment to Master Co -location and Shared Services
Agreement Between the City of Dubuque and Unite Private Network
DATE: March 10, 2023
INTRODUCTION
The purpose of this memo is to request approval of an amendment to an existing
Master Agreement and Project Statement between the City of Dubuque and Unite
Private Network (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 the City of
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 the
City of Dubuque. The initial Project Statements under that collaboration have gone well
and all anticipated value to the City is being received.
DISCUSSION
UPN would like to undertake an additional project that would provide broadband
capacity and support for enhanced telephony services in several business districts in
the City. The project would involve the construction and sharing of certain conduit
assets. The market value for these collaborations to both City and UPN would be
$18,550.
BUDGETIMPACT
There is no negative budgetary impact to the approval of the proposed additional
projects. Approving this proposed amendment will create new conduit capacity for the
City and result in a net license payment of $5,783.75.
RECOMMENDATION AND ACTION REQUESTED
This amendment to the existing Master Co -location and Shared Services Agreement
with Unite Private Network creates new revenue and enhances the City of Dubuque's
on -going capacity to provide a state-of-the-art fiber optic infrastructure to its citizens.
We would respectfully request your approval and recommendation to City Council.
c.c. Crenna Brumwell, City Attorney
Barry Lindahl, Senior Counsel
Steve Brown, Project Engineer
Meggan Bennett, City Engineering
Amendment No. 7 to Master Co -location and Shared Services Agreement between
Unite Private Network and City of Dubuque
Pursuant to the Master Co -locations and Shared Services Agreement between City of Dubuque (City)
and Unite Private Network (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 Iowa Department of Transportation, United States Corps of Engineers,
Iowa Dept. of Natural Resources and affected railroads, if any, 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:
0 UPN shall provide physical assets and management services to City for its needs as it relates to
this conduit and as further defined in Exhibit A 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
0 Each party will notify the other if it detects any problems that may interrupt service. UPN
contact is . City contact is Dave Ness, City Engineering,
dness@citVofdubuque.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 Exhibit A:
- Shared service activity, repair, restoration, relocations, improvements and enhancements of such
facilities starting at approximately the NW corner of the intersection of the NW Arterial and Dodge
Street/Highway 20 and proceeding west approximately 810 linear feet 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 and going west to approximately 3465 Asbury Road, estimated at
approximately 1275 linear feet and as further specified in Exhibit A.
Shared service activity, repair, restoration, relocations, improvements and enhancements of such
facilities starting at approximately where V Street abuts Highway 151/61 and running north to 2 n1
Street then West to Main Street, approximately 565 linear feet and as further specified in Exhibit A.
UPN will provide the following as described below and further specific in Exhibit A:
- 330 feet of joint 7 way bored between existing city vault at electrical cabinet
- 235 feet of joint 7 way and 2-2" bored along the south side of 2 nd Street and east side of Main
Street.
- Installation of 2 vaults and 4 handholds for City along the bore path.
- The cost of providing these services is $12.766.25, which costs will be deducted from the license
payment.
Charges and Payment Terms:
As estimated the total costs to City in implementing services to UPN is $18,550 as follows:
- Duct license: From approximately the NW corner of the intersection of NW Arterial and Doge
Street/Highway 20 and proceeding west approximately 810 linear feet (810 f X $7 = $5,670)
- Duct License: From approximately the south-east corner of the intersection of John F. Kennedy
Road and Asbury Road and going west to approximately 3465 Asbury Road, estimated at
approximately 1275 linear feet (1275 X $7 = $8,925)
- Duct license: From approximately where West 2nd Street abuts Highway 151/61 and running to the
NE Corner of the intersection of West 2 d Street and Main Street, approximately 565 linear feet
(565 If x $ 7 = $3,955)
As estimated the total costs to UPN in implementing services to City and fulfilling its responsibilities
under this Project Statement is $12,766.25 in specified services and a net license conduit fee of
$5,783.75.
There are no additional charges or payment terms required for the implementation of this Project
Statement.
Term of Project:
Start Date: March 1, 2023
20 years from the start date with 5-year extensions at the mutual agreement of the parties.
Project Statement accepted:
Dated
March 21, 2023
CITY OF DUBUQUE, IOWA
By:
Michael Van Milligen, Dubuque City Manager
Dated:
Unite Private Network
EXHIBITA
Unite Private Network: Riley
Unite Private Network: Dutrac
DUBU Ou
Unite Private Network: Julien