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CS Technologies - Amendment #2 to Master Co-Location and Shared Services Agreement 7 16 18 Copyrighted July 16, 2018 City of Dubuque Consent Items # 20. ITEM TITLE: Proposed Amendment to Master Co-location and Shared Services Agreement with CS Technologies SUMMARY: City Manager recommending approval of an amendment to the Master Co-Location and Shared Services Agreement between the City of Dubuque and CS Technologies that would provide broadband capacity and support for a new development in the Historic Millwork District. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type CS Technologies Amendment to Master Co-Location City Manager Memo and Shared Services Agreement-NNM Memo Proposed amendment to Master Co-location and Shared Services Agreement between the City of Staff Memo Dubuque and CS Technologies Marriott Project City Manager memo Amendment to CS Technology Master Co-Location Supporting Documentation Agreement Marriott project statement Amendment to Master Co-location and Shared Services Agreement between City of Dubuque and CS Tech Supporting Documentation Marriott project 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 CS Technologies DATE: July 11 , 2018 In July 2016, the City of Dubuque and CS Technologies entered into a Master Co-location and Shared Services Agreement to accelerate the deployment of new broadband capacity in Dubuque. CS Technologies would like to undertake a project that would provide broadband capacity and support for a new development in the Historic Millwork District. The project would involve the construction and sharing of certain conduit assets, thus lowering costs and preserving right-of-way in a congested area of the City. The market value provided to CS Technologies by the City of Dubuque for this Project Statement is $2,734.65. The market value provided to the City of Dubuque by CS Technologies for this Project Statement is $2,877.00. Information Services Manager Chris Kohlmann, Civil Engineer II Dave Ness and Sustainable Innovation Consultant David Lyons recommend City Council approval of an amendment to the Master Co-Location and Shared Services Agreement between the City of Dubuque and CS Technologies. I concur with the recommendation and respectfully request Mayor and City Council approval. �.I", -" , �k"�����J�� Michael 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 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 CS Technologies DATE: July 11 , 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 CS Technologies BACKGROUND Early 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 July 2016 the City of Dubuque and CS Technologies 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 CS Technologies would like to undertake a project that would provide broadband capacity and support for a new development in the Historic Millwork District. The project would involve the construction and sharing of certain conduit assets, thus lowering costs and preserving right-of-way in a congested area of the City. The market value provided to CS Technologies by City for this Project Statement is $2,734.65. The market value provided to City of Dubuque by CS Technologies for this Project Statement is $2,877.00. There are no additional charges or payment terms required for the implementation of this Project Statement. BUDGETIMPACT There is no negative budgetary impact to the approval of the proposed amendment. Approving this proposed amendment will reduce City costs for maintaining and expanding its broadband capacity for City and residents' needs. RECOMMENDATION AND ACTION REQUESTED This amendment supports Dubuque's Broadband Acceleration Initiative, reduces the cost to City of providing a state-of-the-art fiber optic infrastructure and preserves limited right-of-way in the Historic Millwork District. 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 City Clerk’s Office City Hall th 50 W. 13 Street Dubuque, IA 52001-4805 (563) 589-4100 office (563) 589-0890 fax ctyclerk@cityofdubuque.org www.cityofdubuque.org July 18, 2018 Donn Wilmott, General Manager CS Technologies, Inc. nd 125 N. 2 St. Eldridge IA 52748 Re: July 2018 Amendment to Master Co-Location and Shared Services Agreement Mr. Wilmott, Enclosed a partially executed original of the second amendment to the Master Co- Location and Shared Services Agreement between CS Technologies and the City of Dubuque. The amendment was approved by the City Council at their meeting of July 16, 2018. Please sign where noted, retain a copy for your records and return the original to me at the address above. Please contact me if you have any questions. Thank you. Kevin S. Firnstahl, CMC City Clerk Enclosure Amendment to Master Co -location and Shared Services Agreement between CS Technologies and City of Dubuque Pursuant to the Master Co -locations and Shared Services Agreement between City of Dubuque and CS Technologies, dated July 28, 2016 and attached hereto, the Parties hereby agree to the following PROJECT STATEMENT: Narrative description of co -location and service sharing: City will allow CS Technologies 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. CS technologies 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 CS Technologies. Any additional conduit and fiber capacity available or added, other than that which is specifically designated for CS Technologies, shall be considered City assets and its future use controlled by the City. During the term of this Project Statement CS Technologies will have the responsibility to manage and maintain the conduit and fiber therein, including but not limited to the following: • CS Technologies 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 CS Technologies incurs costs associated with future fiber repairs, fiber restoration or fiber Re- location City will reimburse CS Technologies for a percent of such costs on a pro -rata basis based on the proportionate amount of conduit capacity being used by City. • Each party will notify the other if it detects any problems that may interrupt service. CS Technologies contact is Rick Billups, 563-556-0499; rick@cstech.com. 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 at the intersection of 10th and Jackson Streets and running to the intersection of 11th and Jackson Streets. Scope of shared service to be provided by City to CS Technologies: - Access to and non-exclusive use of approximately 411 linear feet of cable, conduit, manholes, handholds, markers, easements and right-of-way starting at the intersection of 10th and Jackson Streets and running to the intersection of 11th and Jackson Streets. Scope of shared service to be provided by CS Technologies to CITY: CS Technologies will provide five microduct within the City conduit for City use from the intersection of 10th and Jackson Streets and running to the intersection of 11th and Jackson Streets, including manhole setup and microcaps. - CS Technologies will provide a lease payment of three dollars ($3.00) per linear foot. *Subcontractors Cs Technologies seeks City approval to use on this Project: Charges and Payment Terms: As estimated the total costs to City in implementing services to CS Technologies and fulfilling its responsibilities under this Project Statement is $2,877. This consists of the following: Duct lease: Intersection of 10th and Jackson Streets and running to the intersection of 11th and Jackson Streets. ($2,877) As estimated the total costs to CS Technologies in implementing services to Dubuque and fulfilling its responsibilities under this Project Statement is $2,734.65. This consists of the following: Lease costs: Intersection of 10th and Jackson Streets and running to the intersection of 11th and Jackson Streets ($1,233.00) Construction costs: Micro -duct from intersection of 10th and Jackson Streets and running to the intersection of 11th and Jackson Streets ($1,501.65) The market value provided to CS Technologies by City for this Project Statement is $2,734.65. The market value provided to City of Dubuque by CS Technologies for this Project Statement is $2,877.00. There are no additional charges or payment terms required for the implementation of this Project Statement. Term of Project: Estimated Start Date 20 years from the estimated start date with extensions by mutual agreement of the Parties. Project Statement accepted: Dated: Dated: 7/20 //87 CITY OF DUBUQUE, IOWA CS TECHNOLOGIES By: Michael Van Milligen, Dubuque City Manager Donn Wilmott, GM and CEO *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 inclusion in the City's GIS program. � �% Ls/ � • `a / C F ' 4- ' ' \ 4 ., � �r + -n ' � �i \ .. \ 1'e ! y teP`r.0 .r 3 .- � � I ' . � . ``Y b .^� �� �J/ / `.tl� � : �" / ��: � � . �� � h T��..Y . , � ' ''i��A'ft,j��`/ � �ry � r �� �` �. �`�T�' � �`� 1 �• . 'S \� .� ��J _ � / �_ r ` / ��,,rs'r � , .� �. y � S � ' �� , � � �: i � �k .,� ��' t :-- .>�, � �t y ,.^/; n`- � ! � �\ e �,'0� i ��� �j� \ .� :4}� . 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