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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 � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 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. �L;� 1��, ���,�� 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 � DT T� � All-AmericaCitv U Masterpiece on the Mississippi 1 I I I Ial �oo�.,a,z.zo,3.�o,� 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 PennsylvaniaAv ��ti�St Pennsylvania Av � `'�P o �e�� �m ri�,- � J- N � z G� ✓p�ry� 3 �,�, � 15�.r�.ti Z �e Q. `�� � � �b�0, � 2� Jo�n' es�St � LRa � � m � e gt pod9e Sti o ��d9 � aU c N U� N � \ rroPr,erary�,aco,,�ae„r,� date: June 22, 2018 ImOn Communications, LLC szs �ststreet se, suite zso pROJECT STATEMENT #2 FACILITY MAP • subje�rm cl,�,ge wrr7,ourNon�e author. L Marner Cedar Rapids, IA 52401 ihterwit caloie elow, ImOn Communications, LLC 625 First Street SE, Suite 250 Cedar Rapids, IA 52401 319-298-6484 tAhaM. fivtOit.iter Vti,CEIPI WOUSILD CERTIFIED 1 11111111 7015 0640 0004 1862 1579 Kevin Firnstahl, City Gierk City of Dubuque City Hall 5Q W./3th Street Dubuque, IA 52001-4805 4040404\--,-- =NZ. 1000 52001 ifIlilivi,1111,111 11'11 U.S. POSTAGE CEDAR RAPIDS, IA 52401 JUL. 13, 18 AMOUNT $6.91 R2305H130507-65