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CS Technologies - Amendment #4 to Master Co-Location and Shared Services Agreement 3 2 20City of Dubuque Consent Items # 18. ITEM TITLE: SUMMARY: SUGGESTED DISPOSITION: Copyrighted March 2, 2020 CS Technologies -Amendment to Master Co -location and Shared Services Agreement City Manager recommending approval of an amendment to the Master Co -Location and Shared Services Agreement between the City of Dubuque and CS Technologies. Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type CS Technologies Amendment to Master Co -Location City Manager Memo and Shared Services Agreement-MVM Memo Staff Memo Staff Memo Amendment to Master Co -location and Shared Supporting Documentation Services Agreement Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque bitil All-A.aia City 111111 2007.2012.2013 2017*2019 SUBJECT: Proposed Amendment to Master Co -Location and Shared Services Agreement between the City of Dubuque and CS Technologies DATE: February 26, 2020 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 to the Salvation Army and Kintzinger Law Firm. 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 $3,2000. The market value provided to the City of Dubuque by CS Technologies for this Project Statement is $4,400. 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. /.. 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 Dave Ness, Civil Engineer II David Lyons, Sustainable Innovation Consultant 2 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Chris Kohlmann, Information Services Manager Dave Ness, Civil Engineer II David Lyons, Sustainable Innovation Consultant Dubuque III -Merin City 11111 2007.2012.2013 2017*2019 SUBJECT: Proposed Amendment to Master Co -location and Shared Services Agreement between the City of Dubuque and CS Technologies DATE: February 26, 2020 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. It has since done amendments to expand that Agreement. Both the initial collaboration and the subsequent amendments have 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 to the Salvation Army and Kintzinger Law Firm. 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 $3200. The market value provided to City of Dubuque by CS Technologies for this Project Statement is $4400. There are no additional charges or payment terms required for the implementation of this Project Statement. BUDGET IMPACT 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 and generate $ 3,200 in lease payments ACTION STEP This amendment supports Dubuque's Broadband Acceleration Initiative, reduces the cost to City of providing a state-of-the-art fiber optic infrastructure, assists the Salvation Army in improving its broadband capacity and preserves limited right-of-way in the downtown area. We would respectfully request your approval and recommendation to City Council. Cc: Crenna Brumwell, City Attorney Barry Lindahl, Senior Counsel Steve Brown, Engineering Anita Gonyier, Engineering 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 Salvation Army and Kintzinger'Law Firm. - 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 Brent Lindle, 563-345-8800; outsideplant@cstech.com. City contact is Dave Ness, 563-589-1722; dness@cityofdubuque.org Co -location or service site: The co -location andjor 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 W. 10th St. and Iowa St. and running to VV.12 St. and Iowa St. Scope of shared service to be provided by City to CS Technologies: - Access to and non-exclusive use of approximately 640' linear feet of cable, conduit, manholes, handholds, markers, easements and right-of-way starting at W.10 St. and Iowa St. and running to W.12th St. and Iowa St. Scope of shared service to be provided by CS Technologies to CITY: - CS Technologies will provide one micro duct within the City conduit for City use from. W. 10th St. and Iowa St. to W.12th St. and Iowa St., including manhole setup and microcaps. - CS Technologies will provide a lease payment of $3200 dollars ($5.00) per linear foot. *Subcontractors CS Technologles 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 $3200. This consists of the following: - Duct lease: From W. 10th St. and Iowa St. to W.l2th St. and Iowa St. ($3200) As estimated the total costs to CS Technologies in implementing services to Dubuque and fulfilling its responsibilities under this Project Statement is $4400. This consists of the following: - Lease costs: From W. 10th St. and Iowa St. to W..12th St and Iowa St. ($3200) Construction costs: Micro -duct from W. 10th St. and Iowa St. to W. 12th St. and Iowa St. ($1200) The market value provided to CS Technologies by City for this Project Statement is $3200. The market value provided to City by CS Technologies for this Project Statement is $4400. There are no additional charges or payment terms required for the implementation of this Project Statement. Term of Project: Estimated Start Date as soon as possible 20 years from the estimated start date with extensions by mutual agreement of the Parties. Project Statement accepted: Dated: Dated: 2/21/2020 CITY OF DUBU #., , IOWA CS TECHNOLOGIES By: Micha, Van Milligen, Dubuque City Manager onn 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 -quilts must be supplied to the City in a format acceptable to the City for inclusion in the City's GIS program.