ImOn Communications, LLC - 1st Amendment to Master Co-location and Shared Services Agreement 7 2 18 Copyrighted
July 2, 2018
City of Dubuque Consent Items # 24.
ITEM TITLE: Proposed amendment to Master Co-location and Shared
Services Agreement between the City of Dubuque and
ImOn Communications LLC
SUMMARY: City Manager recommending approval of an amendment to
an existing Master Agreement and Project Statement in
place between the City of Dubuque and ImOn
Communications LLC.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
ImOn Communications Amendment to Master Co- City Manager Memo
location and Shared Services Agreement-NNM Memo
Proposed amendment to Master Co-location and
Shared Services Agreement between the City of Staff Memo
Dubuque and ImOn Communications LLC memo to City
Manager
ImOn project statement 2 Amendment to Master Co- Supporting Documentation
Location and Shared Services Agreement
ImOn Amendment to Master Co-location and Shared
Services Agreement between Exhibit A STMT 2 Supporting Documentation
FACILITY MAP
THE CITY OF Dubuque
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7A13 2017
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 ImOn Communications LLC
DATE: June 27, 2018
Information Services Manager Chris Kohlmann, Civil Engineer II Dave Ness and
Sustainable Innovation Consultant David Lyons are recommending approval of an
amendment to an existing Master Agreement and Project Statement in place between
the City of Dubuque and ImOn Communications LLC.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen �� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Chris Kohlmann, Information Services Manager
Gus Psihoyos, City Engineer
Dave Ness, Civil Engineer II
David Lyons, Sustainable Innovation Consultant
Dubuque
THE CITY OF �
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Masterpiece on the Mississippi 1 I I I Ial
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TO: Michael C. Van Milligen, City Manager
FROM: Chris Kohlmann, Information Services Manager
Dave Ness, Civil Engineer II
David Lyons, Sustainable Innovation Consultant
SUBJECT: Proposed amendment to Master Co-location and Shared Services
Agreement between the City of Dubuque and ImOn Communications LLC
DATE: June 26, 2018
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
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 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. The initial Project Statement under that collaboration has gone well and all
anticipated value to the City is being received.
DISCUSSION
ImOn would like to undertake a project that would add significant redundancy to their
new Dubuque fiber network. The project would involve the construction and sharing of
certain conduit assets. The market value for the collaboration to ImOn is $154,780.
The market value for the collaboration to the City is $155,736.
BUDGETIMPACT
There is no negative budgetary impact to the approval of the proposed amendment.
Approving this proposed amendment will provide additional value, by expanding
broadband capacity for City and citizen needs by $155,736.
RECOMMENDATION AND ACTION REQUESTED
This amendment supports Dubuque's Broadband Acceleration Initiative and reduces the
cost to City of providing a state-of-the-art fiber optic infrastructure. We would
respectfully request your approval and recommendation to City Council.
c.c. Crenna Brumwell, City Attorney
Barry Lindahl, Senior Counsel
Kerry Bradley, Engineering
2
Amendment 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 ; . , 2018 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, further defined in Exhibit
A attached hereto, for purposes of providing broadband communication services and support to the
community of Dubuque.
- ImOn is responsible for obtaining all permits required from Federal, State or Local government
including but not limited to Department of Transportation, Corps of Engineers, Dept. of Natural
Resources and 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 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 the 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 of Dubuque for its needs as
it relates to this conduit and as further defined in Exhibit A attached hereto.
• 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 Justin Stinson, 319-440-5249; iustin.stinson@ImOn.net City contact is Dave Ness,
563-589-1722; dness@cityofdubuque.org
Co -location or service site: The co -location and/or service site for this PROJECT STATEMENT is generally
described as follows:
- Shared service activity, repair, restoration, relocations, improvements and enhancements of such
facilities starting on south right of way of Pennsylvania from the hub site at 4134 Pennsylvania
Avenue to the Northwest Arterial then south on NWA to northwest corner of the NW Arterial &
Dodge St intersection.
Shared service activity, repair, restoration, relocations, improvements and enhancements of such
facilities starting on Dodge Street from the northwest corner of NW Arterial & Dodge St to
approximately 68 Hill St.
Shared service activity, repair, restoration, relocations, improvements and enhancements of such
facilities starting on North Locust Street from the southwest corner of the Locust St & W 1st St
intersection to the northeast corner of the Bluff St & W 7th St intersection.
Shared service activity, repair, restoration, relocations, improvements and enhancements of such
facilities starting on Cedar Cross Road from the northwest corner of the Dodge St & Cedar Cross Rd
intersection to approximately 1015 Cedar Cross Rd.
Shared service activity, repair, restoration, relocations, improvements and enhancements of such
facilities at the Locust St road crossing at Jones St.
Shared service activity, repair, restoration, relocations, improvements and enhancements of such
facilities starting on north right of way of Pennsylvania from the northeast corner of Pennsylvania
Avenue and NW Arterial to the hub site at 4134 Pennsylvania Avenue.
- Shared service activity, repair, restoration, relocations, improvements and enhancements of such
facilities in the alley between Bluff St. and Locust St.
- Shared service activity, repair, restoration, relocations, improvements and enhancements of such
facilities starting on the northeast corner of Bluff St. & W 7t" St. to the alley.
New right-of-way and enhanced facilities within the City on Dodge Street from approximately 68 Hill
Street to the southwest corner of the Locust St & W 1st St intersection.
Shared service activity, repair, restoration, relocations, improvements and enhancements of such
facilities starting on Alta Vista Street from the northwest corner of University Avenue and Alta Vista
Street to the intersection of Kirkwood Street and Alta Vista Street.
Scope of shared service to be provided by City to ImOn:
- Access to and non-exclusive use of approximately 5,400 linear feet of cable, conduit, manholes,
handholds, markers, easements and the south right-of-way on Northwest Arterial from the hub site
at 4134 Pennsylvania Avenue to the northwest corner of the NW Arterial & Dodge St intersection.
Access to and non-exclusive use of approximately 17,240 linear feet of cable, conduit, manholes,
handholds, markers, easements and right-of-way on Dodge Street from the northwest corner of NW
Arterial & Dodge St to approximately 68 Hill St.
Access to and non-exclusive use of approximately 2,282 linear feet of cable, conduit, manholes,
handholds, markers, easements and right-of-way on North Locust Street from the southwest corner
of the Locust St & W 1st St intersection to the northeast corner of the Bluff St & W 7t" St intersection.
Access to and non-exclusive use of approximately 5,870 linear feet of cable, conduit, manholes,
handholds, markers, easements and right-of-way on Cedar Cross Road from the northwest corner of
the Dodge St & Cedar Cross Rd intersection to approximately 1015 Cedar Cross Rd.
Access to and non-exclusive use of approximately 164 linear feet of cable, conduit, manholes,
handholds, markers, easements and right-of-way on Locust St road crossing at Jones St.
Scope of shared service to be provided by ImOn to CITY:
- ImOn will provide a 7 -way conduit and a 144 fiber on the north side of Pennsylvania Av from the
northeast corner of the Pennsylvania Av & NW Arterial intersection to the Pennsylvania Hub at 4134
Pennsylvania Av as a redundant hub entry.
ImOn will provide a 7 -way conduit in the alley between Bluff St. and Locust St. From ImOn's
Dubuque Core Hub (old AT&T) to W 7th St.
- ImOn will provide a 7 -way conduit starting on the northeast corner of Bluff St. & W 7th St. to the
alley.
- ImOn will provide a 7 -way conduit, 2" conduit and 4 concrete 4x4 vaults with steel lids, on Dodge
Street from approximately 68 Hill Street to the southwest corner of the Locust St & W 1st St
intersection. Three micro -duct of the 7 -way conduit will be designated for ImOn. This replaces the
original line item project statement #1 regarding Dodge St., Hill to Locust. is above and the project
statement #1 requirement. The only charges shown below is the difference between project
statement #1 and #2 on this section.
ImOn will provide a 7 -way conduit, and install City provided vaults along Alta Vista Street from
University Avenue to Kirkwood Street.
- ImOn will provide accrued construction, installations and maintenance services as requested by the
City for sites including, but not limited to, Asbury Road, Locust Street or Highway 151 or for Kerper
Blvd connections for Sutton Pool, City Water Plant, Park Shop and identified Kerper camera
locations. Projects for the construction and installation services will be defined in future project
statements mutually agreed to by both parties and will not exceed the accrued construction
amount.
ImOn will provide maintenance services as further defined in Exhibit A.
*Subcontractors ImOn seeks City approval to use on this Project:
Charges and Payment Terms:
As estimated the total costs to City in implementing services to ImOn and fulfilling its responsibilities
under this Project Statement is $154,780. This consists of the following:
Duct lease: Northwest Arterial from the hub site at 4134 Pennsylvania Avenue to the northwest
corner of the NW Arterial & Dodge St intersection. ($27,000)
Duct lease: Dodge Street from the northwest corner of NW Arterial & Dodge St to approximately 68
Hill St. ($86,200)
Duct lease: North Locust Street from the southwest corner of the Locust St & W 15t St intersection to
the northeast corner of the Bluff St & W 7th St intersection. ($11,410)
Duct lease: Cedar Cross Road from the northwest corner of the Dodge St & Cedar Cross Rd
intersection to approximately 1015 Cedar Cross Rd. ($29,350)
- Duct lease: Locust St. road crossing at Jones St. ($820)
As estimated the total costs to ImOn in implementing services to Dubuque and fulfilling its
responsibilities under this Project Statement is $155,736. This consists of the following:
Construction costs: Pennsylvania Hub redundant entry ($10,515)
- Construction costs: Alley between Bluff St. and Locust St. ($1,810)
- Construction costs: Northeast corner of Bluff St. & W 7th St. to the alley ($637)
Construction costs: Additions above and beyond project statement #1 Dodge Street from
approximately 68 Hill Street to the southwest corner of the Locust St & W 1st St ($23,872)
Construction costs: Alta Vista ($27,901)
- Accrued construction and installation services as agreed by the Parties ($90,043). This amount is
calculated based on current estimates and will be adjusted based on actual invoices at the close of
each project.
The market value provided to ImOn by the City of Dubuque for this Project Statement is $154,780.
The market value provided to City of Dubuque by ImOn for this Project Statement is $155,778.
There are no additional charges or payment terms required for the implementation of this Project
Statement.
Term of Project:
Estimated Start Date
5 years from the estimated start date with 3, 5 year extensions at the mutual agreement of the parties.
Project Statement accepted:
Dated:
CITY OF DUBUQUE, IOWA
By:
Michael Van Mil!igen, Dubuque City Manager
Dated:
ImOn COM" UNICATIONS, LLC
7 tc0/45.
Patrice Carroll, Pres°•ent
*Listed subcontractors must have on file a Certificate of Insurance meeting the City of Dubuque's
current insurance requirements. Preconstruction meetings may be required depending upon project
scope. Permits will be issued to the contractor for the work in public right of way at the start of any
project statement work. As-builts must be supplied to the City in a format acceptable to the City for
inclusiori in the City's GIS program.
Exhibit A
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ImOn Communications, LLC
625 First Street SE, Suite 250
Cedar Rapids, IA 52401
319-298-6484
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CERTIFIED
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7015 0640 0004 1862 1579
Kevin Firnstahl, City Gierk
City of Dubuque City Hall
5Q W./3th Street
Dubuque, IA 52001-4805
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U.S. POSTAGE
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JUL. 13, 18
AMOUNT
$6.91
R2305H130507-65