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Proposed 14th Amendment to Master Co-location and Shared Services Agreement between the City of Dubuque and ImOn Communications LLC Copyrighted May 1, 2023 City of Dubuque Action Items # 07. City Council Meeting ITEM TITLE: Proposed 14thAmendmentto MasterCo-locationand Shared Services Agreement between the City of Dubuque and I mOn Communications LLC SUM MARY: City Manager recommending City Council approval of a 14th Amendment to the Master Co-location and Shared Services Agreement between the City of Dubuque and I mOn Communications LLC. SUGGESTED Suggested Disposition: Receive and File;Approve DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Proposed 14th Amendment to Master Co-location and Shared Services Agreement between the City of Staff Memo Dubuque and ImOn Communications LLC Memo to the City Manager 14th Amendment to Master Co-location and Shared Services Agreement between the City of Dubuque and Supporting Documentation ImOn Communications LLC Dubuque THE CITY QF � All-Meriea Ciry DLT B E ; . � . � �� � � MaSt� Z�C� aYd t�Q Mt55ZSSZ Z zoa�•zoiz•�ai3 YP pp za��*zai� TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Proposed 14th Amendment to Master Co-location and Shared Services Agreement between the City of Dubuque and ImOn Communications LLC DATE: April 26, 2023 Civil Engineer II Dave Ness, Information Services Manager Chris Kohlmann, and Sustainable Innovation Consultant David Lyons are recommending City Council approval of a 14th Amendment to the Master Co-location and Shared Services Agreement between the City of Dubuque and ImOn Communications LLC. 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 and Amendments carried out pursuant to that Master Agreement can then be quickly considered and approved. In 2017 the City of Dubuque and ImOn entered into a Master Co-location and Shared Services Agreement to accelerate the deployment of new broadband capacity in Dubuque. Multiple subsequent amendments have followed. The collaborations have gone well and all anticipated value to the City is being received As ImOn accelerates its fiber-to-the-home build-out in Dubuque, ImOn is able to reduce costs and time for deployment by leveraging existing City conduit, while the City is able to leverage ImOn's new builds to expand its network of new multi-duct conduit and broadband services. The attached amendment covers a series of such collaborations ranging from ImOn crossing a single street using existing City conduit, to ImOn and City partnering to reduce costs for a major infrastructure build-out along South Grandview and Mt. Carmel, to City allowing ImOn to access City conduit along the Bee Branch to provide free public wifi. The estimated difference between the cost of the new construction and services to the City and conduit value to ImOn is $61,742 which the City will receive in license payments and/or services. There is a positive budgetary impact to the approval of the proposed Amendment not only in the form of license payments but in significantly reduced costs for expanding the City broadband network via cost collaboration with ImOn. This Amendment supports Dubuque's Broadband Acceleration Initiative, protects and enhances existing City right-of-way and reduces the cost to City of providing a state-of the-art fiber optic, lighting and public safety camera infrastructure in multiple areas of the City. I concur with the recommendation and respectfully request Mayor and City Council approval. � Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Dave Ness, Civil Engineer II David Lyons, Sustainable Innovation Consultant Chris Kohlmann, Information Services Manager 2 Dubuque THE CITY OF � �IFMmerip Ci�r DUB E '�I , �I.' �� 2007•2012•2013 Masterpiece on the Mississippi zoi�*Zoi9 TO: Michael C. Van Milligen, City Manager FROM: Dave Ness, Civil Engineer II Chris Kohlmann, Information Services Manager David Lyons, Sustainable Innovation Consultant SUBJECT: Proposed 14th Amendment to Master Co-location and Shared Services Agreement between the City of Dubuque and ImOn Communications LLC DATE: April 26, 2023 INTRODUCTION. The purpose of this memo is to request approval of a 14t" Amendment to the Master Co-location and Shared Services Agreement between the City of Dubuque and ImOn Communications LLC. 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 and Amendments carried out pursuant to that Master Agreement can then be quickly considered and approved. In 2017 the City of Dubuque and ImOn entered into a Master Co-location and Shared Services Agreement to accelerate the deployment of new broadband capacity in Dubuque. Multiple subsequent amendments have followed. The collaborations have gone well and all anticipated value to the City is being received DISCUSSION. As ImOn accelerates its fiber-to-the-home build-out in Dubuque, ImOn is able to reduce costs and time for deployment by leveraging existing City conduit, while the City is able to leverage ImOn's new builds to expand its network of new multi-duct conduit and broadband services. The attached amendment covers a series of such collaborations ranging from ImOn crossing a single street using existing City conduit, to ImOn and City partnering to reduce costs for a major infrastructure build-out along South Grandview and Mt. Carmel, to City allowing ImOn to access City conduit along the Bee Branch to provide free public wifi. BUDGET IMPACT. The estimated difference between the cost of the new construction and services to the City and conduit value to ImOn is $61,742.03 which the City will receive in license payments and/or services. There is a positive budgetary impact to the approval of the proposed Amendment not only in the form of license payments but in significantly reduced costs for expanding the City broadband network via cost collaboration with ImOn. RECOMMENDATION AND ACTION REQUESTED. This Amendment supports Dubuque's Broadband Acceleration Initiative, protects and enhances existing City right-of-way and reduces the cost to City of providing a state-of- the-art fiber optic, lighting and public safety camera infrastructure in multiple areas of the City. 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 Kerry Bradley, Engineering Amendment No. 14 to Master Co-location and Shared Services Agreement between ImOn Communications LLC and City of Dubuque Pursuant to the Master Co-locations and Shared Services Agreement between City of Dubuque and ImOn Communications, LLC, dated 20_ and attached hereto, the Parties hereby agree to the following PROJECT STATEMENT: Narrative description of co-location and service sharing: City will allow ImOn access to and use of certain presently unused conduit, for purposes of providing broadband communication services and support to the community of the City of Dubuque. ImOn is responsible for obtaining all permits required from federal, state or local government including but not limited to the lowa Department of Transportation, United States Corps of Engineers, lowa Dept. of Natural Resources and applicable railroads, for work on the conduit. City shall have the right of prior review and approval of any installations, repairs, restoration, relocations, improvements, enhancements and maintenance of the conduit and fiber contained therein proposed by ImOn. Any additional conduit and fiber capacity available or added,other than that which is specifically designated for ImOn, shall be considered City assets and its future use controlled by City. During the term of this Project Statement, ImOn will have the responsibility to manage and maintain the conduit and fiber therein, including but not limited to the following: ImOn shall provide physical assets and management services to City for its needs as it relates to this conduit. If ImOn incurs costs associated with future fiber repairs, fiber restoration or fiber re- location, City will reimburse ImOn for a percent of such costs on a pro-rata basis based on the proportionate amount of capacity being used by City. Each party will notify the other if it detects any problems that may interrupt service. ImOn contact is City contact is Dave Ness, 563-589-1722; dness@cityofdubuque.or. Co-location or service site: The co-location and/or service site for this PROJECT STATEMENT is generally described as below: Shared service activity, installation, repair, restoration, relocations, improvements and enhancements of such facilities in the City of Dubuque and as further described within the scope of services provided below. Scope of shared service to be provided by City to ImOn: 350 linear feet of seven-way micro-duct crossing 16th street and Elm Street at $7 per If. 180 linear feet of seven-way micro-duct crossing 20t" Street and Elm Street at $5 per If. 410 linear feet of 12.7/10 micro-duct crossing 14th street from White Street to Central at $7 per If. 660 linear feet of seven-way micro-duct from the SE corner of Kerper and Roosevelt Street Extension east to existing City handhold at $7 per If. 775 linear feet of 12.7/10 micro-duct from NE corner of intersection of Hill Street and Dodge Street north to the SE corner of the intersection of Langworthy Street and Hill Street at $7 per If. 2,900 linear feet of micro-duct from the intersection of Dodge Street and Wacker Drive west to the city handhold on Century Drive at $7 per If. 4,349 linear feet of seven-way micro-duct from the intersection of Chavenelle Road and Radford Road to the intersection of Chavenelle Road and the NW Arterial at $5 per If. 1,600 linear feet of 12.7/10 micro-duct from South Locust Street to Charter Street at $7 per If. 54 linear feet of 12.7/10 micro-duct crossing Jackson Street at 11th Street at $7 per If. 58 linear feet of 12.7/10 micro-duct NW corner of Jackson Street and 11t" Street to the SW corner of the intersection of Jackson Street and 11t" Street at $5 per If. 110 linear feet of one 12.7/10 and one 10/8 micro-duct from the NE corner of the intersection of 15t"Street and Bell Street to the NW corner of the intersection of 15t"Street and Bell Street at $5 per If. 1,500 linear feet of seven-way micro-duct from the intersection of Admiral Sheehy Drive and 16th Street extending south and east to the City handhold at the Veteran's memorial at $7 per If. 2,071 linear feet of seven-way micro-duct along the Bee Branch Linear Park to provide free public wifi at $0 per If. 2,826 linear feet of two inch conduit to connect Hub 22 to the Locust Connector at $7 per If. 90 linear feet of two inch conduit to connect Highway 151/61 conduit to the intersection of South Grandview Avenue and Southern Avenue at $5 per If. 5,860 linear feet of two inch conduit to connect Highway 151/61 conduit to the intersection of South Grandview Avenue and Southern Avenue at $7 per If. 1,782 linear feet of two inch conduit to connect South Grandview Avenue from Southern Avenue to Plymouth Court at $5 per If. 4,998 linear feet of two inch conduit to connect South Grandview Avenue from Plymouth Court to Dodge Street at $5 per If. 1,738 linear feet of two inch conduit to connect North Grandview from Dodge Street to Grace Street at $7 per If. 4,390 linear feet of two inch conduit to connect North Grandview from Grace Street to the intersection of Asbury Road and St. Amborse Street at $7 per If. 636 linear feet of two inch conduit from the intersection of Asbury Road and St. Ambrose Street to ImOn Hub 22-1 at $5 per If. 12,708 linear feet of two inch conduit from the intersection of Asbury Road and St. Ambrose Street to ImOn Hub 22-1 at $7 per If. 378 linear feet of two inch conduit to connect from the Intersection of Highway 151/61 and South Grandview Avenue to ImOn cabinet 2201-N at $5 per If. Scope of shared service to be provided by ImOn to CITY: Splicing for City cabinet located at intersection of Highway 20 and Old Highway road at a cost of$1,012.50 Splicing for City to connect DLEC at a cost of$4,528.77. Splicing for City traffic cameras on South Grandview Avenue at a cost of$1,435.00 Splicing at the City cabinet located at the intersection of Highway 20 and Seipple Road at a cost of$3,632.00. City duct reconstruction from Stoneman Road to Asbury Road along John F Kennedy Road at a cost of$46,830.95 City duct reconstruction at the intersection of Pennsylvania Avenue and John F Kennedy Road at a cost of$3,120.00 City duct construction, boring and vault setting for City sites located east of Highway 151/61 including South Grandview and Mt Carmel Road at a cost of$48,110.75. Duct construction including a two-inch duct and seven-way micro-duct to Hub Cabinet R at a cost of$13,994. Emergency City duct relocation and addition of a two-inch duct from the intersection of Chavenelle Road and Radford Road to the intersection of Chavenelle Road and the NW Arterial at a cost of$96, 060. Charges and Payment Terms: The total costs to City in implementing services and fulfilling its responsibilities under this Project Statement is $ 280,466.00. The total costs for ImOn implementing services to City and fulfilling its responsibilities under this Project Statement is $218,723.97. A credit of$61,742.03 shall be provided to the City. There are no additional charges or payment terms required for the implementation of this Project Statement. Term of Project: Start Date: March 1, 2023 Twenty (20) years from the start date with five (5) year extensions at the mutual prior written agreement of the parties. Project Statement accepted: Dated:Dated: CITY OF DUBUQUE, IOWA ImOn Communications By: Michael Van Milligen, City Manager May 1, 2023