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HomeMy WebLinkAbout~Master - Approving Pole Attachment Agreement and Underground Locating Letter of Agreement with Metro Fibernet, LLC, RESOLUTION NO. 20-041 RESOLUTION APPROVING POLE ATTACHMENT AGREEMENT AND UNDERGROUND LOCATING LETTER OF AGREEMENT WITH METRO FIBERNET,LLC, FOR THE CITY OF AMES,IOWA WHEREAS,Metro Fibernet,LLC,(MetroNet)is an internet provider that plans to construct its fiber-optic network throughout Ames in 2020 and as part of its build-out, MetroNet intends to place its infrastructure overhead on City utility poles where poles exist and underground in rights-of- way and easements; and, WHEREAS,approximately 1.2 million feet of cable will be installed during the process and to accommodate this, two agreements are necessary; a Pole Attachment Agreement and an Underground Utility Locate Agreement; and, WHEREAS, the City's Electric utility maintains several thousand distribution and transmission poles and other utilities and telecommunication providers routinely attach their cabling to these poles to deploy their infrastructure throughout the City; and, WHEREAS,no new providers have made attachments to these poles for several decades and in a typical year, the existing attachees submit only a handful of requests to attach to poles; and, WHEREAS, applications are evaluated by the Electric Services Engineering Division, and poles are inspected before and after the attachment is made; and, WHEREAS, MetroNet had indicated it will attach to approximately 4,000 electric poles in the span of approximately ten months and because of vacancies within the Electric Engineering Division, it will be difficult or impossible for City staff to scrutinize proposed attachments at the pace they will be submitted; and, WHEREAS, City staff and MetroNet have worked to negotiate a new pole attachment agreement that will accommodate MetroNet's planned pace of construction; and, WHEREAS, the Pole Attachment Agreement provides that during the initial network buildout, MetroNet will have professional engineers licensed in the state of Iowa submit the attachment applications and the applications will be reviewed by a contract engineering firm(hired by MetroNet and approved by the City)to ensure they meet the City's adopted standards; and, WHEREAS,the contracted firm will also verify pole integrity through field inspections and spot check the completed attachments to ensure they were made in accordance with the submitted plans and once the initial buildout is complete, any proposed pole attachments will be reviewed by City staff rather than the outside firm; and, WHEREAS, provisions exist for the Utility to require MetroNet to remove its attachments in the event that the City re-routes poles, or converts overhead infrastructure to underground; and, WHEREAS, if the City receives complaints from the public regarding the condition of MetroNet's fiber on the poles,MetroNet must make repairs within ten days or provide information to the City regarding when the repairs are to be made; and, WHEREAS, in exchange for attaching to the City's Electric poles, MetroNet will pay the utility attachment fees as provided in the Municipal Code and the fee is currently$13.05 per pole, per year; and, WHEREAS, in Ames subdivisions constructed after the mid-1970s, electric service is provided underground and in these areas,MetroNet will also put its infrastructure underground;and, WHEREAS, the City has utility locating staff in Electric Services and in Public Works, however, these locators generally stay busy with the typical summer construction demand; and, WHEREAS, City staff has expressed doubts to MetroNet about the City's ability to locate infrastructure for MetroNet in a timely manner, in addition to keeping up with the typical locating work that will be requested by other customers,therefore,to keep up with MetroNet's initial build- out pace, MetroNet has agreed to an Underground Locating Agreement; and, WHEREAS,through this Agreement,the City will hire an outside utility locating firm,which will complete utility locates requested solely for MetroNet and its subcontractors, and MetroNet would reimburse the City for the cost of the contractor; and, WHEREAS, City staff would retain complete control over the locating contractor's performance and address any concerns that may arise with the quality of the work; and, WHEREAS, at the January 14, 2020, City Council meeting, the Council requested that the Pole Attachment Agreement be amended to incorporate a clause that if the contract terminated and the fiber infrastructure remained on the poles,the City could have the option to take possession of the fiber; MetroNet had agreed to the modification of the Agreement; and, WHEREAS,at the termination of the Agreement by either party,the City may choose to take down any fiber remaining after 180 days and bill MetroNet the cost,and if MetroNet terminates the Agreement of if the City terminates the Agreement because of a breach and failure to cure by MetroNet, the City may elect to retain the fiber remaining upon termination; WHEREAS,the modification of the Agreement will allow the City to evaluate whether the fiber had any value or if it is a liability it wishes MetroNet to be responsible for along with protecting MetroNet against losing its fiber if the City chose not to renew the Agreement at one of the early renewal periods. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that the Pole Attachment Agreement and Underground Locating Letter of Agreement with Metro Fibernet, LLC, is hereby approved. ADOPTED THIS 28`''day of January, 2020. ci��j MAW Diane R. Voss, City Clerk John A. Haila, Mayor Introduced by: Beatty-Hansen Seconded by: Betcher Voting aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Junck, Martin, Voting nay: None Absent: None Resolution declared adopted and signed by the Mayor this 28t'day of January, 2020.