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ImOn Communications, LLC - 3rd Amendment to Master Co-Location and Shared Services Agreement 3 2 20Copyrighted March 2, 2020 City of Dubuque Consent Items # 19. ITEM TITLE: ImOn Communications LLC - Third Amendment to Master Co -location and Shared Services Agreement SUMMARY: City Manager recommending approval of a Third Amendment to Master Co -Location and Shared Services Agreement between the City of Dubuque and I mOn Communications LLC. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Proposed Third Amendment to Master Co -location and Shared Services Agreement with I mOn City Manager Memo Communications LLC-MVM Memo Staff Memo Staff Memo Proposed Third Amendment to Master Co -location and Shared Services Agreement between the City of Supporting Documentation Dubuque and ImOn Communications LLC Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque All-A.aia City 111111 2007.2012.2013 2017*2019 SUBJECT: Proposed Third Amendment to Master Co -location and Shared Services Agreement between the City of Dubuque and ImOn Communications LLC DATE: February 26, 2020 Information Services Manager Chris Kohlmann, Civil Engineer II Dave Ness and Sustainable Innovation Consultant David Lyons recommend City Council approval of a Third Amendment to Master Co -Location and Shared Services Agreement between the City of Dubuque and ImOn Communications LLC. This Third Amendment involves the continuing construction and sharing of certain conduit and the upgrade of multiple City broadband assets. The market value for the collaboration to ImOn is $134,717.60. The market value for the collaboration to the City is $134,717.60. This proposal expands City fiber capacity, provides fiber optic connectivity to several City -sites (including but not limited to Dubuque Skate Park and City Green House) and repairs several City assets (such as the Tamarack Drive fiber cut and the Locust Connector). Approving this proposed Third Amendment avoids new costs in upgrades and repairs to the City fiber network. There is no negative budgetary impact to the approval of the proposed Third Amendment. I concur with the recommendation and respectfully request Mayor and City Council approval. 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 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 uI-Ameriw City 111111 2007.2012.2013 2017*2019 SUBJECT: Proposed Third Amendment to Master Co -location and Shared Services Agreement between the City of Dubuque and ImOn Communications LLC DATE: February 26, 2020 INTRODUCTION The purpose of this memo is to request approval of a Third 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 and subsequent amendments under that collaboration have gone well and all anticipated value to the City is being received DISCUSSION This Third Amendment involves the continuing construction and sharing of certain conduit and the upgrade of multiple City broadband assets as described in Tables 1,2, and 3 of the attached amendment. The market value for the collaboration to ImOn is $134,717.60. The market value for the collaboration to the City is $134,717.60. BUDGET IMPACT There is no negative budgetary impact to the approval of the proposed Third Amendment. This proposal expands City fiber capacity, provides fiber optic connectivity to several city -sites (including but not limited to Dubuque Skate Park and City Green House) and repairs several City assets (such as the Tamarack Drive fiber cut and the Locust Connector). Approving this proposed Third Amendment avoids new costs in upgrades and repairs to the City fiber network. ACTION STEP This Third 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 Steve Brown, Project Engineer Kerry Bradley, Engineering 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 , 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 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. ■ 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, 319-200-4942; Justin.stinson@lmOn.net. City contact is Dave Ness, 563-589-1722; dness@cityofdubuque.org. 1 Scope of shared service to be provided by ImOn to CITY: Table 1; ImOn to City Route Description Rte Ftge Contractor Invoice# Shared Cost City Greenhouse splicing ImOn 2019-801 $1,110.00 Finley Hub - Rack & Equipment Buildout labor/material ImOn 2018-317 $7,574.30 Dubuque Fiber Build - 144ct East City Ring labor ImOn 2018-317 $18,740.00 Dubuque Fiber Build - 144ct West City Ring labor ImOn 2018-317 $28,976.00 Dubuque Fiber Build - Julien Dubuque Bridge labor ImOn 2018-317 $5,997.50 Pennsylvania/NW Arterial traffic cabinet labor ImOn 2018-317 $2,050.00 fiber repair - Tamarack Dr fiber cut material ImOn 2018-317 $4,056.00 Hwy 20 crossing at Bryant St - adjustments n/a CDB 5069B $17,706.82 Dubuque Chavenelle Rd Access 4,232' Sub Surface 1202 $34,731.08 City Pool & Waterworks on Hawthorne - adjustments splicing ImOn 2018-315 $6,530.50 Dubuque Skate Park splicing ImOn 2019-802 $1,370.00 Pennsylvania Av hub splicing splicing ImOn 2019-803 $2,052.00 Jones St; Locust connector to Bissell Ln 170' CDB 6294 $3,823.50 2 Table 2; ImOn to City detail City Greenhouse project splice case prep 1 ea. $180.00 /ea. fiber splices 24 ea. $30.00 /ea. Labor 6 hrs. $65.00 /hr. Finley Hub racking equipment Finley Hub - Rack & Equipment Buildout Quantity Rate Total Cost 6'-0" x 4" H x 4" W horizontal straight sections 3 ea. $93.60 /ea. $280.80 4" x 4" downspout 3 ea. $91.00 /ea. $273.00 4" x 6" downspout cover 3 ea. $16.00 /ea. $48.00 6'-0" x 4" H x 4" W vertical straight slotted section 6 ea. $195.00 /ea. $1,170.00 4" junction kit 10 ea. $24.00 /ea. $240.00 ladder rack bracket kit 5/8 10 ea. $20.00 /ea. $200.00 hanger bracket kit 5/8 10 ea. $25.00 /ea. $250.00 Commscope 4x4 flex tube attachment w/(2) 10' flex 4 ea. $100.00 /ea. $400.00 Labor 72.5 hrs. $65.00 /hr. $4,712.50 Dubuque Fiber Build: 144-ct East City Ring splice case prep 2 ea. $180.00 /ea. $360.00 fiber splices 240 ea. $30.00 /ea. $7,200.00 Labor 172.0 hrs. $65.00 /hr. $11,180.00 Dubuque Fiber Build: 144-ct West City Ring splice case prep 7 ea. $180.00 /ea. $1,260.00 fiber splices 696 ea. $26.00 /ea. $18,096.00 Labor 148.0 hrs. $65.00 /hr. $9,620.00 Dubuque Fiber Build: Julien Dubuque Bridge splice case prep 4 ea. $180.00 /ea. $720.00 fiber splices 60 ea. $30.00 /ea. $1,800.00 Additional Costs $180.00 $720.00 $390.00 $1,110.00 Total Costs $7,574.30 $18,740.00 $28,976.00 3 Labor Pennsylvania & NW Arterial Traffic Cabinet 53.5 hrs. $65.00 /hr. $3,477.50 splice case prep 1 ea. $180.00 /ea. $180.00 fiber splices 6 ea. $30.00 /ea. $180.00 Labor 26.0 hrs. $65.00 /hr. $1,690.00 Fiber Repair - Tamarack Dr Fiber Cut Reel of armored 144-ct loose -tube fiber 1 ea. $4,056.00 /ea. $4,056.00 wy 20 crossing at Bryant St (final adjustments) Rock Saw Ftge: $25/ft [$25/ft - $12.14/ft] 100 ft. $12.86 /ft. $1,286.00 Rock Bore Ftge: $85/ft [$85/ft - $12.14/ft] 526 ft. $72.86 /ft. $38,324.36 Route Footage True -Up -74 ft. $12.14 /ft. R&R sidewalk panels True -Up -4 ea. $600.00 /ft. -$2,400.00 Dubuque Chavenelle Rd Access Quantity Rate Total Cost #12 tracer wire 4,232 ft. $0.13 /ft. $550.16 Installation of (1) 7-way futurepath (shared) 4,232 ft. $8.00 /ft. Installation of4'x4'vault 1 ea. $600.00 /ea. City Pool & Waterworks - adjustments (w/item 17) Quantity Rate panel installation 2 ea. $180.00 /ea. splice case prep 2 ea. $180.00 /ea. fiber splices (Waterworks) 48 ea. $28.00 /ea. fiber splices (Pool) 24 ea. $30.00 /ea. Invoice (repair fiber entrance at Waterworks) 1 ea. $1,504.00 /ea. Labor 34.5 hrs. $65.00 /hr. $5,997.50 $2,050.00 $4,056.00 $643.00 $19,162.18 -$898.36 -$1,200.00 $17,706.82 Shared Costs $275.08 $33,856.00 $600.00 $34,731.08 Total Costs $360.00 $360.00 $1,344.00 $720.00 $1,504.00 $2,242.50 4 Dubuque Flora (Skate) Park Quantity Rate splice case prep 3 ea. $180.00 /ea. fiber splices 24 ea. $30.00 /ea. Labor 10 hrs. $65.00 /hr. Pennsylvania Av Hub splicing Quantity Rate splice case prep 1 ea. $180.00 /ea. fiber splices 72 ea. $26.00 /ea. Jones St - Locust connector to Bissell Ln Quantity Rate Total Cost Installation of (1) 7-way futurepath & (1) 2" (shared) 160 ft. $10.50 /ft. $1,680.00 Backhoe 65 ft. $15.00 /ft. $975.00 Road Cores 2 ea. $600.00 /ea. $1,200.00 Vault Core 1 ea. $200.00 /ea. $200.00 Asphalt removal/replacement 106 sft. $32.00 /sft. $3,392.00 Duct installation from HH to riser 1 ea. $200.00 /ea. $200.00 $6,530.50 Total Costs $540.00 $720.00 $650.00 $1,370.00 Total Costs $180.00 $1,872.00 $2,052.00 Shared Costs $840.00 $487.50 $600.00 $100.00 $1,696.00 $100.00 $3,823.50 5 Scope of shared service to be provided by City to ImOn: Table 3; City to ImOn Route Description Route Ftge Cost/Ft Route Cost W 8th St; Roshek Bldg alley to Steele Capital alley 360' $5.00/ft $1,800.00 Kerper Blvd crossing at Roosevelt St Ext. 140' $7.00/ft $980.00 Washington St; E 10th St to Caradco Bldg entrance 250' $5.00/ft $1,250.00 Downtown Dubuque Access Ring 6,220' $5.00/ft $31,100.00 70' $7.00/ft $490.00 Dubuque Chavenelle Rd Access* 13,450' $3.68/ft $49,455.65 Dodge St; NW Arterial to 4455 Dodge St 810' $5.00/ft $4,050.00 Jackson St; SE corner of E 10th to NW corner of E 11th 452' $5.00/ft $2,260.00 E 14th St & White St; SW corner to NE corner 130' $5.00/ft $650.00 Dodge St crossing at Wacker Dr 158' $7.00/ft $1,106.00 W 4th St; Iowa St to Central Av 220' $5.00/ft $1,100.00 Jackson St; E 10th St to E 11th St 400' $7.00/ft $2,800.00 Jackson St crossing at E 11th St 50' $5.00/ft $250.00 Dodge St/University Av connector 525' $5.00/ft $2,625.00 E 17th St crossing east of Elm St 54' $7.00/ft $378.00 Central Av; E 5th St to E 6th St 300' $5.00/ft $1,500.00 Locust St crossing at W 4th St 52' $5.00/ft $260.00 Iowa St; E 10th to E 9th St, then along 9th to alley 400' $5.00/ft $2,000.00 Dodge St crossing at NW Arterial 130' $5.00/ft $650.00 *Note: Detail on the non-standard cost/ft for Chavenelle Road access Chavenelle Rd Quantity Rate Total Cost empty city duct/populate with microduct 4,706 ft. $5.00 /ft. $23,530.00 populated city duct/pull through empty microduct 3,704 ft. $7.00 /ft. $25,928.00 $49,458.00 additional lateral footage 5,040 ft. 13,450 ft. adjusted rate [Chavenelle cost/total ftge] $49,458 / 13,450 ft. = $3.677/ft. Charges and Payment Terms: As estimated in table 1, the total costs to ImOn in implementing services to Dubuque and fulfilling its responsibilities under this Project Statement is $134,717.70. As estimated in table 2, the total costs to City in implementing services to ImOn and fulfilling its responsibilities under this Project Statement is $104,704.65. Accrued construction and installation services as agreed by the Parties ($30,013.05). 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 $134,717.70. The market value provided to City of Dubuque by ImOn for this Project Statement is $134,717.70. There are no additional charges or payment terms required for the implementation of this Project Statement. Term of Project: Estimated Start Date: On -going 5 years from the estimated start date with 3, 5 year extensions at the mutual agreement of the parties. Project Statement accepted: Dated: Dated: CITY OF DUBUQUE, IOWA ImOn COMMUNICATIONS, LLC By: Michael Van Milligen, Dubuque City Manager Patrice Carroll, President *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. 7