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Home My WebLink About6.f. Fiber Optic Utility Locate and Service Agreement � ROSEMO EXECUTIVE SUMMARY CITY COUNCIL City Council Meeting Date: September 2, 2014 AGENDA ITEM: Fiber Optic Utility Locate and Service AGENDA SECTION: Agreement Consent PREPARED BY: Eric Zweber, Senior Planner AG NDA NO. .�• ATTACHMENTS: MP Nexlevel Service Agreement; Arvig APPROVED BY: Locatin and Maintenance A reement Motion to authorize the Mayor to enter into the MP Nexlevel Service Agreement. ISSUE CurYently, the City is installing fiber oprics in the Business Park. Staff has obtained quotes for fiber opric utility locating and repair services from MP Nexlevel and Arvig. MP Nexlevel's agreement has an annual retainer of$800 and a locating rate of$54.49 per hour. Arvig's agreement has an annual retainer of$1,200 and a locating rate of$65.00 per hour. Staff is recommending that the Ciry retain MP Nexlevel for the fiber optic locating and repair services. RECOMMENDATION Staff recommends authorization for the Mayor to sign the service agreement. --,.--•�— SERVICE AGREEMENT Date ��23�20,4 Attachment A a� a Customer Name ConVact No. CITY OF ROSEMOUNT MP Nexlevel,LLC. Address Customer P.O.No. 2875 145TH ST 500 County Road 37 E Ciry State Zip ROSEMOUNT MN 55068 Maple Lake MN 55358 Jason Aurentz,Project Manager Tele No. 612-919-5518 320-963-2400 Customer agrees Terms and Conditions attached as Attachment A SELECT SERVICES AND COVERAGE TIMES FOR PRODUCTS INCLUDED ON THIS SHEET: SERVICES: COVERAGE: OPTIONS: A X Routine Maintenance 1 Basic(8am-Spm,M-F) 5 Upgraded Response _____._ __. __ B Route Surveillance 2 Extended(Sam-9pm,M-Sat) 6 Customer Provided Inventory C Preventive Maintenance 3 X Unlimited(24 hrs,7 days) 7 Other: ___ ____ _ __.___---_ D X Screen Locate Request Tickets 4 Other: ,____._..__.___.__ .__ __ E Emergency Restoretion F Locate U.G.Facilities G Gopher One Call Registration HOURLY RATES LOCATING RATES CLASSIFICATION REG TIME OVERTIME DBL TIME DESCRIPTION PRICE UNIT See Attachment B The Initial Term of the Above Services Shall Start on: January 1,2014 and end on December 31,2014 _ _ _ _ _ _ Annual Contract Retainer Charge $800.00 and rendered Yearly = $ $800.00 Services Billing to commence and rendered Monthly $ at T 8 M Rates SEE ATTACHMENT 8 FOR RATES CONSULTATION $ n!a /HR CALL OUT $ n/a /HR OUT OF COVERAGE AREAS $ nla /HR AUTHORIZED CUSTOMER SIGNATURE ACCEPTED BY: Paul J. Decker Regional V.P. Name Printed Title Name Printed Title Signature Signature Page 1 of 2 SERVICE AGREEMENT CONTACT LIST CUSTOMER NAME: CONTRACT NO.: CITY OF ROSEMOUNT Jason Aurentz, Project Manager Designated Support Center Address: All correspondence to customer in reference to this Agreement shall be addressed to: MP Nexlevel, LLC. CITY OF ROSEMOUNT 500 County Road 37 E Maple Lake, MN 55358 Dispatch Telephone No. 320-963-2400 Telephone No. SERVICE SUPPORT CONTACTS: CUSTOMER BILLING ADDRESS AND ACCOUNTING INFO, IF ANY: NAME TELE.NO PRESIDENT Larry Pribyl 320-963-2400 REGIONAL VICE PRESIDENT Paul Decker 320-963-2400 PROJECT FOREMAN Gerry Stuevens 612-919-4214 CUSTOMER CONTACTS AT PROJECT LOCATIONS PROJECT I.D. NAME/TITLE PHONE NO. PROJECT ADDRESS Page 2 012 ATTACHMENT B LABOR RATE SCHEDULE STANDARD TIME SATURDAYS SUNDAY,FEDERAL 8 AM-5 PM AND AND MN STATE CLASSIFICATION MONDAY-FRIDAY EVENINGS HOLIDAYS Foreman 54.85 79.53 104.21 E ui ment O erator 49.72 72.09 94.46 Laborer 40.32 58.47 76.62 Jason Aurentz, Project Manager 612-919-5518 CLASSIFICATION RATE PER HR 760 Trencher 66.95 Rock Wheel 97.85 D85 Plow 123.60 Delta 1506 Plow 113.30 555C Backhoe 46.35 Bobcat 25.75 JD 450G Dozer 66.95 1600 Excavator 46.35 2700 Excavator 56.65 Picku 25.75 Sin le Axle Truck 28.84 Tandem Axle Truck 56.65 Bucket Truck 46.35 Reel Carrier Truck 46.35 Di er Derrick Truck 56.65 Vermeer 24 X 40 169.95 Vermeer 18 X 22 128.75 Semi Truck 66.95 Backhoe Trailer 8.24 Frost Trencher 87.55 Reel Carrier Trailer 6.18 Air Com ressor 25.75 Jum in Jack Tam er 12.36 Roller 18.54 Sreco Rodder 25.75 Water Pum 12.36 Concrete Saw 16.48 Cli er Saw 46.35 Chain Saw 9.27 Generator 10.30 Arnco Puller 12.36 Vac-Tron Trailer 36.05 ATTACHMENT B LOCATING RATES DESCRIPTION PRICE QTY Locatin to remain on site for cable ex osure 54.49 Per Hr Locatin rate for normal workin hours. 54.49 Per Hr Locating rate for emergency calls after normal workin hours. 79.00 Per Hr Locatin hour{ rate for Sunda s& Holida s 103.53 Per Hr Jason Aurentz, Pro'ect Mana er 612-919-5518 Screenin of tickets each ticket 2.70 Each "`MP Nexlevel to furnish paint. Locators have pagers and cell phones so as to be available for emergency calls. FIBER AND COPPER SPLICING RATES FOR RESTORATION CLASSIFICATION REG. TIME OVERTIM DBL TIME S licin Technician $50.71 $73.53 $96.34 S licin Trailer&E ui ment $49.44 $71.69 $93.94 Picku and Tools $25.75 $37.34 $48.93 ATTACHMENT C Point-of-Contact List NAME AND TITLE MOBILE# Paul Decker, Regional Vice President 612-770-8904 Jason Aurentz, Project Manager 612-919-5518 Amanda Goelz, Locate Coordinator 320-963-2400 Dispatch Address and Phone#: 500 County Road 37 E Maple Lake, MN 55358 320-963-2400 DURING BUSINESS HOURS: 7 A.M.—5 P.M.(MON.—FRI.) EMERGENCY NUMBER: 320-963-2400—OPTION#6 AFTER BUSINESS HOURS: 5 P.M.TO 7 A.M.(MON.—FRI.) &24 HOURS SAT, SUN.&HOLIDAYS. EMERGENCY NUMBER: 320-963-2400—OPTION#2 LOCATING AND MAINTENANCE AGREEMENT This AGREEMENT (Agreement) is made and entered into, and effective as of t h e d ay o f , 2 0 14 by and between Arvig, a Minnesota corporation ("ARVIG"), and(City of Rosemount),a M innesota government organization, (each a "Party" and collectively, the "Parties") MAiNTENANCE AND REPAIR Maintenance Fee. During the Term and any Renewal Term of this Agreement, City of Rosemount shall pay to Arvig a n a n n u a I f e e a s s e t fo r t h fo r t h e c o s t o f locat ion services for the Fibers during the Term and any Renewal Term of this Agreement. This fee shaII be fixed for the term of the agreement except for adjustment on an annual basis for Consumer Price Index for the M i n n e a p o I i sl S t P a u I M e t r o p o I i t a n a r e a. These charges shall be billed to City of Rosemount annually, with payment due within thirty (30) days of the date of the i nvoice. (t will be the responsibility of the City of Rosemount to manage all routine (preventative and scheduled) maintenance, repair and relocation functions. It is also the responsibility of the City of Rosemount to manage all Emergency failures, interruptions or impairments in the operation of the Fibers. MAINTENANCE COSTS Pursuant to the Locating and Maintenance Agreement between City of Rosemount and Arvig, City of Rosemount shall pay $100.00 per month ($1,200.00 annual payment) for the fiber route(E�ibit A)for Arvig to manage the fiber segment: EX H IB IT A — City of Rosemount Business Park Addendum:The monthly charge witl coverall routine locatingrequests from Gopher State One Call.Any Locate requests from a local unit of Government; i.e.:City,County,State,or DNR for Relocations and/or Maintenance Proj ects and forNew Builds wi ll be charged at an additional locating rate of$65.00 per hour.An example ofthis situation where the additional hourly rate would apply�vould be:MNDOT is making a lane addition to aroad on the City of Rosemount fiber route.A locator could be asked to stay on site or rehirn to the site for hours at atime and multiple relocates.The locators charge aproject rate forthis type of locating,�vhich is$65.00 per hour. The management i s limited specifically to Locating the Fiber, Gopher State One Call updates, Gopher State One Cal 1 locate ticket transmission expenses an d local unit of government communication. In the event of fiber repair needs,ARVIG shall provide repair ofFibers at Time and Material rates provided by AEI Construction.Any relocation functions needed shall be quoted by ARVIG upon the request ofthe City of Rosemount. It is also the responsibility of the City of Rosemount to manage all Emergency failures, interruptions or impairments in the operation of the Fibers. ARVIG shall respond to the City of Rosemount rec�uests requiring restoral of fiber related problems. ARTICLE XIII FORCE MAJEURE Neither party shall be in default under this Agreement if any failure or delay in performance is caused by strike or other labor dispute; accidents; acts of God; fire; flood; earthquake; lightning; unusually severe weather; material or facility shortages or unavailability not resulting from such party's failure to timely place arders therefore; lack of transportation; legal inability to access property, acts of any governmental authority; government codes, ordinances, laws, rules and regulations or restrictions (collectively "Regulations"); condemnation or the exercise of rights of eminent domain;war or civil disorder; or any other cause beyond the reasonable control of either party hereto. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased.Notification shall be given by the excused party to the other party, ofthe cause and ofthe estimated duration,�vhen possible. ARTICLE II EFFECTIVE DA TE AND TERM This contract will commence on the date that CityofRosemount "Accepts" the F i b e r Op t i c C ab l e s an d w ill be entitled to use the Fibers associated with the Cable.This agreement will terminate Five(5)years from the effective date.City of Rosemount will have an option to rene�v the Agreement for maintenance in terms for Three(3)years each.Each Renewal Term will automatically begin unless City of Rosemount gives Arvig��ritten notice of its intention not to renew its Agreement at least ninety(90)days prior to the end ofthe Term or Renewal Term.Arvig will have the option to terminate the Agreement at the end of the Term ar Rene�val Term giving notice to the City of Rosemount at least ninety(90)days prior notice. Expiration or termination of this Agreement shall not affect the rights or obligations of any party with respect to any payments of expenses incurred prior to the date o f t e r m i n at i o n . ARTICLE XX! NOTICE U n 1 e s s otherwise provided herein, all notices and communications concerning this Agreement shall be in writing and addressed as follows: lf to City of Rosemount: lfto ARV1G: 2 ARVIG 1502n<1 St.SW Perham,MN 56573 Unless otherwise provided herein, notices shall be sent by certified U.S. Mail, return receipt requested, or by commercial overnight delivery service �vhich provides acknowledgement of delivery. Such notices shall be delivered: if sent by U.S. Mail, five (5) days after deposit; or if sent by commercial overnight delivery service, upon verification of receipt. ARTICLE XXV DISPUTE RESOLUTION 25.1 It is the intent of ARVIG and CITY OF ROSEMOLTNT that any disputes which may arise between them be resolved as quickly as possible. When such resolution is not possible, and depending upon the nature of the dispute, the parties hereto agree to resolve such disputes in accordance �vith the provisions of this Article. The obligation herein to arbitrate shall not be binding upon any party with respect to requests for preliminary injunctions,temporary restraining orders, specific performance or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute. 25.2 Any controversies or disputes arising out of or relating to this Agreement which the parties are unable to settle by negotiations shall be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. The parties shall endeavor to select a mutuatly acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. ln the event the parties are unable to agree to such a selection, each pariy will select an arbitrator and the arbitrators in turn shall select a third arbitrator. The arbitrator(s) shall not have the authority, power or right to alter, change, amend, modify, add or subtract from any provision of this Agreement except pursuant to Section 273 or to award punitive damages. The arbitrator shall have the power to issue m an d atory orders and restraining orders in connection •�vith the arbitration. The award rendered by the arbitrator sha(1 be final and binding on the parties and judgment may be entered thereon in any court having jurisdiction. The agreement to arbitration shall be specifical(y enforceable under the prevailing arbitration law. A RTICLE X XX A UTHORITY 3 Each party represents and warrants to the other that its execution and perform ance of this Agreement has been duly and fully authorized by any and all actions and approvals necessary to bind such party and that this Agreement has been executed by authorized representative(s) of the party. 4