HomeMy WebLinkAboutClovis USD - Agreement reguarding installation and use of high speed fiber optic cable and related infrastructureAGREEMENT REGARDING INSTALLATION AND USE OF HIGH SPEED FIBER
OPTIC CABLE AND RELATED INFRASTRUCTURE
This Agreement ("Agreement") is effective this 20th day of May, 2003 by
and between the Clovis Unified School District, a public agency, (hereinafter "District"),
and the City of Fresno, a municipal corporation (hereinafter "City") with respect to the
following:
RECITALS
WHEREAS, District is in the process of developing its Metropolitan Area
Network ("MAN") to connect the District office with the District's high school and
intermediate school sites by means of high speed fiber optic cable, housed in conduit;
and
WHEREAS, it is necessary for such conduit and high speed fiber optic
cable to be located in certain designated portions of the public right-of-way in the City of
Fresno; and
WHEREAS, City is in the process of developing traffic signal
synchronization which will require installation of fiber optic cable within the City's
existing right-of-way; and
WHEREAS, District desires to pay for the materials and installation of said
conduit and the MAN high speed fiber optic cable in the public right of -way in exchange
for the right to use any and/or all fiber optic strands paid for by the District , not to
exceed the carrying capacity of one (1) conduit; and
WHEREAS, the City and District have reached agreement on the
installation of high speed fiber optic cable and related improvements to be constructed
and use thereof, and desire to enter into a written contract memorializing the
Agreement; and
WHEREAS, the Agreement will be mutually beneficial for the City and the
District; and
WHEREAS, this Agreement sets forth the terms for the acquisition and
installation of conduit to house the fiber optic cable, the placement of the cable within
the City's existing right-of-way, the construction of the connecting conduit and cable in
the City's right-of-way, and District's use thereof
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals which are contractual
in nature and the covenants and conditions contained herein, the parties agree as
follows:
1. City. City shall acquire and install fiber optic cabling and related conduit
meeting the specifications set forth in Exhibit A and shall install said conduit in a manner
and location as more fully described in Exhibit B (hereinafter collectively referred to as
the "Project").
2. District. District is responsible for the entire cost of the Project. District
further agrees that the estimated cost of the Project is $350,000. District understands
and agrees that this amount is an estimate and the actual cost of the Project may differ.
District agrees to make an initial Project payment to the City in the amount of $ 25,000
on May 29, 2003. Thereafter, District shall make monthly progress payments on the 15t
day of each month in the amount of $ 108,333, until Project is complete as described
herein. Should the cost of the Project exceed the estimated amount, District shall pay
City any additional sums incurred for the Project within 14 days of notice from City.
Should the total cost of the project be less than the estimated amount, then District will
be reimbursed the excess amount within 14 days of completion of the Project.
3. Chanaes to the Project. City will keep District apprised of the progress
of the work and the costs associated with same. City will secure written consent from
the District before approving change orders which increase the Project cost above the
estimated cost.
4. Completion of the Project. City's estimated date to receive contractor's
bids for the Project is June 7, 2003. City will work diligently and use its best efforts to
complete the Project such that the Project is complete and fiber optic cable is available
by August 15, 2003.
5. Ownership. The City will, at all times, hold clear title of ownership to the
Project including all conduits, cables, pull boxes and all other appurtenances provided
within the City right-of-way to construct the Project. Any conduit or fiber optic cable
outside the City right-of-way is outside the scope of this Agreement and will be installed
by District at District's sole cost and thereupon owned by the District
6. Grant of Fiber Optic Bandwidth Use Right. Consistent with constitutional and
local law requirements and in consideration of payment for the Project, City grants
District the exclusive right to use, for the sole purpose of District telecommunications,
including but not limited to voice, video, and data etc., a portion of the Project defined as
any and/or all fiber optic strands as paid for by the District in this agreement, not to
exceed the carrying capacity of one (1) conduit in the public right-of-way. The use right
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' granted hereunder to District shall expire at 11:59 p.m. on December 31, 2028. The
terms of this lease may be extended upon mutual agreement of the parties.
7. Maintenance and Repairs. City shall be the responding authority in the
event of damage to the City owned conduit and/or fiber optic cable within the public right
of way and shall be responsible for the costs associated with the maintenance of the
conduit and/or fiber optic cable within the public right-of-way. The District shall be
responsible for District owned conduit and/or fiber optic cable outside of the public right-
of-way and shall be responsible for the costs associated with the maintenance of the
conduit and/or fiber optic cable outside the public right-of-way.
8. Indemnity. District shall indemnify, hold harmless and defend City and
each of its officers, officials, employees, agents and volunteers from any and all loss,
liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or
strict liability, including but not limited to personal injury, death at any time and property
damage) incurred by the City, District or any other person, and from any and all claims,
demands and actions in law or equity (including attorney's fees and litigation expenses),
arising directly or indirectly from the negligent or intentional acts or omissions of District
or any of its officers, officials, employees, agents or volunteers in the performance of
this Agreement.
City shall indemnify, hold harmless and defend District and each of its officers, officials,
employees, agents and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but
not limited to personal injury, death at any time and property damage) incurred by City,
District or any other person, and from any and all claims, demands and actions in law or
equity (including attorney's fees and litigation expenses), arising directly or indirectly
from the negligent or intentional acts or omissions of City or any of its officers, officials,
employees, agents or volunteers in the performance of this Agreement.
City shall require that its contractors and subcontractors defend, indemnify and save
harmless City and District, their respective officers, agents and employees from and
against any and all liabilities, demands, claims, damages, losses, costs, and expenses
of whatsoever kind or nature arising out of the construction of the Project, including any
and all direct and indirect costs of defense made against or incurred or suffered by City
and District jointly and severally as a direct or indirect consequence of injury, including
death to persons, injury to or destruction of property, or any other cause of action
whatsoever.
This section shall survive termination or expiration of this Agreement
9. Default. Any party's failure to timely pay sums required to be paid or
perform work required to be performed pursuant to the terms of this Agreement not
cured within 15 days written notice thereof shall constitute a default and shall subject
that party to any remedy provided by law.
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10. Assignment. Except to any extent provided herein neither party to this
Agreement may assign or transfer by operation of law or otherwise, any or all of its
rights, duties or obligations hereunder without the prior written consent of the other
party.
11. Notices. All notices, certificates or other communications hereunder shall
be in a writing signed by the parties' duly authorized agent and shall be deemed given
when personally delivered or mailed by regular mail, postage prepaid, to the parties at
their respective places of business. Notices may also be sent by facsimile provided that
a proof of facsimile transmission is made to verify the facsimile transmission.
Personal service and facsimile service, as aforesaid, shall be deemed
served and effective upon delivery thereof. Service by mail, as aforesaid, shall be
deemed to be sufficiently served and effective as of 12:00:01 A.M., on the fourth (4th)
calendar day following the date of deposit in the United States mail of such registered or
certified mail, properly addressed and postage prepaid.
12. Binding Effect. This Agreement shall inure to the benefit of and shall be
binding upon each party and their respective successors and assigns.
13. Severability. In the event any provisions of this Agreement shall be held
invalid or unenforceable by a court of competent jurisdiction, such holdings shall not
invalidate or render unenforceable any other provisions of this Agreement.
14. Final Agreement; Amendment. This Agreement and any documents,
instruments and materials referenced and incorporated herein represents the entire
agreement between the parties with respect to the subject matter hereof. This
Agreement may be amended, altered or modified only by a written document signed by
both parties.
15. Governing Law. The rights and obligations of the parties and all
interpretations in performance of this Agreement shall be governed in all respects by the
laws of the State of California.
16. Execution In Counterparts. This Agreement may be executed in
counterparts such that the signatures of the parties may appear on separate signature
pages. Facsimile or photocopy signatures shall be deemed original signatures for all
purposes.
17. Partnership/Joint Venture. This Agreement does not evidence a
partnership or joint venture between District and City.
18. Attorney's Fees. If either party is required to commence any proceeding
or legal action to enforce or interpret any term, covenant or condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from the
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other party its reasonable attorney's fees and legal expenses in addition to any other
relief to which such party may be entitled.
19. Precedence of Documents. In the event of any conflict between the
body of this Agreement and any exhibit hereto, the terms and conditions of the body of
this agreement shall control and take precedence over terms conditions expressed
within the exhibit. Furthermore, any terms or conditions contained within any exhibit
hereto which purport to modify the allocation of risk between the parties, provided for
within the body of this agreement, shall be null and void.
EXECUTION
IN WITNESS WHEREOF the parties hereto have caused this Agreement
to be executed as of the date and year first above written.
CITY:
CITY OF FRESNO
City Manager
ATTEST:
City Clerk
M
APPROVED AS TO FORM
City Attorn
By:
DISTRICT:
CLOVIS UNIFIED SCHOOL DISTRICT
By:
Ter dley, Ed.D.
SupMi tendent
EXHIBIT "A"
Conduit and Cable Specifications
EXHIBIT "B"
Project Description Including Location of New Conduit
Project Management. The City shall perform any and all acts necessary for the
installation of the conduit, where necessary in its right-of-way in order to provide conduit
and cable to each high school and intermediate school site, and for the provision of fiber
optic cable for use by the District, including, but not limited to, design engineering plan
review, approval of plans and specifications, advertising for construction bids, entering
into related contracts, utility relocation and overall project management.
City will acquire the necessary permits from the City of Fresno and the Fresno Irrigation
District as well as any other unforeseen utility crossings requiring permitting
CUSD MAN Contract with City of Fresno 4_29_03 5/1/2003
EXHIBIT "A"
FIBER OPTIC CABLING
PART 1 - GENERAL
A. Related Documents
1. The provisions of the General Conditions,
Supplementary Conditions, and sections included under
General Requirements are included as part of this
Section as though bound herein.
B. overview
1. This specification covers the installation of a
metropolitan area fiber optic cable system
infrastructure for fiber optic communications. This
document is to be used in conjunction with:
a. City of Fresno / CUSD Fiber MAN - Fiber Strand
Counts conceptual diagram.
b. City of Fresno / CUSD Fiber MAN - Fiber Count By
Section Matrix.
C. CUSD Fiber MAN Project - Tail Circuit Drawings.
d. City of Fresno project drawings.
C. Work Included
1. The work covered under this section of the
specifications consists of furnishing all labor,
equipment, supplies and materials, and in performing
all operations necessary for the fully complete
installation of a cable plant in accordance with the
specifications and the accompanying drawings, except
as specifically noted as not included.
2. The Work shall include, but not be limited to, the
following:
a. Furnish and install fiber optic cable as
specified.
b. Furnish and install outside plant fiber
enclosures and splice enclosures as necessary.
C. Provide all splicing necessary as noted in the
specifications.
D. Acceptable Manufacturers
1. These specifications may be based on equipment
manufactured by or for specific manufacturers. It is
not the intent of these specifications to limit or
restrict submission of proposals for products by other
manufacturers but to set a baseline of operational
functions that all proposals must meet.
E. Bid Proposal Submittals
1. In addition to all requirements as noted in the bid
documents, all proposals are to be submitted with the
following information.
F. Material List
1. Provide a complete listing of all major components
required for a complete and fully functional system as
specified. List the quantity, manufacturer, model
number, and short description of each item. The
material list should follow the sequence of items as
listed in Section 2. Any bid submitted without such
written documentation may be considered non-responsive
and rejected.
G. References
1. Provide three project references as part of this bid
proposal.
H. Bidder Qualifications
1. Installing contractor must have a minimum of three
years previous experience in premise wiring systems
and successfully implemented premise wiring systems
for three projects of similar size.
PART 2 - PRODUCTS
A. Functional Requirements
1. This specification is built around a fiber optic cable
based TIA/EIA 568-B compliant wiring infrastructure.
Vendors are to supply systems that meet or exceed the
functional requirements herein.
2. Contractor will be responsible for the provision and
installation of fiber optic cabling which
interconnects with Clovis USD facilities located at
Willow Avenue and the Sugar Pine Trail crossing.
Provide and install fiber optic cables with the
quantity of strands as noted in the:
a. City of Fresno / CUSD Fiber MAN - Fiber Strand
Counts conceptual diagram.
b. City of Fresno / CUSD Fiber MAN - Fiber Count By
Section Matrix.
C. The drawings.
NOTE: It is the contractors, responsibility to splice the cable
provided herein to the fiber cables provided at an existing
vault located at Willow Avenue and the Sugar Pine Trail
crossing. It is expected that said fiber cables will be
installed and certified prior to the start of work within the
City of Fresno right-of-way.
3. The overall fiber installation is to interconnect High
School and Intermediate School campuses of Clovis
Unified School District (CUSD) to the CUSD District
Office. This scope of work represents PHASE 1 of a
two phase process for a Fiber MAN implementation for
the District. A future Phase 2 will add the
Elementary School campuses to the overall network. To
assist the contractor with the overall concept of the
project, specific goals of this project are outlined
herein.
4. Each High School or Intermediate School campus will
utilize a direct connection of twelve strands of fiber
between the District Office and each respective
campus. The contractor is responsible for an "end-to-
end" installation and provision of fiber enabling said
connection(s).
5. Fiber connections under this scope of work will
consist of conducting all splicing activities in the
vaults/pull boxes provided under this contract. No
splicing is to be done outside the City of Fresno
right-of-way and is not part of this contract.
6. The future Phase 2 portion of the project will provide
six strands of fiber from every Elementary School to a
High School or Intermediate School, creating a
spoke/hub arrangement to the total MAN project.
7. Where required, due to limit of quantity of conduits,
provision will be made for future CUSD Fiber MAN
capacity through the installation of dark fiber in
specific sections of the pathway. That dark fiber
will not be terminated. Refer to the "CUSD Fiber MAN
Fiber Strand Counts" conceptual drawing. The numbers
appearing in (xx) indicate the quantity of dark fiber
strands within a specific section of pathway.
8. Furnish and install cabling and the following
materials for a distributed fiber network:
a. Fiber cable with in-line fusion splices as
specified.
b. NEMA rated cable enclosures and splice enclosures
as required.
B. Fiber Cabling
1. Single Mode Fiber Cable.
a. General-purpose tight buffer single mode cable
with glass size of 8.2um.
b. Each strand will have a 125um diameter cladding
surrounded by 900um diameter tight buffer, an
aramid strength member, and an outside jacket.
Cable assemblies will contain a central strength
member.
C. The maximum attenuation in dB per kilometer at
1310nm will be 0.03dB and 0.02dB at 1550nm.
d. Minimum Bend radius will be 15X outside diameter.
e. Provide individual cable assembly strand count
per project documents.
C. Splice Closu
1. Provide a splice closure for protection and storage of
the fiber optic cable splices.
a. Features:
(1) Provides access for five distribution cables
(2) Provides strain relief and sealing for all
cables
(3) Provide capacity for 72 fiber splices
(4) Provide storage for up to 72 strands of dark
fiber.
(5) Provide couplers and splice trays as
necessary to provide for installation per
design plus 10% spare.
(6) Provide end cap and miscellaneous hardware /
sealants for complete installation.
PART 3 - EXECUTION
A. General
1. Perform this work in accordance with acknowledged
industry and professional standards and practices, and
the procedures specified herein. Furnish and install
all materials, devices, components, and equipment
necessary for a complete, operational system.
2. Maintain a competent supervisor and supporting
technical personnel, acceptable to the Construction
Manager, during the entire installation. Change of
the supervisor during the project shall not be
acceptable without prior written approval from the
owner, the Construction Manager, and the Consultant.
B. Installers
1. These systems are to be installed only by contractors
and personnel authorized to do so by the manufacturer
of the equipment being provided.
2. All system equipment installations and tests are to be
made by workmen skilled in the specific trade.
C. Installation
1. General:
a. Provide and make connections to all specified
products as indicated. Install all products in
accordance with manufacturer's instructions. All
installation practices and materials shall be
fully TIA/EIA 568-B compliant.
b. All cable terminations shall be clearly and
permanently labeled with appropriate cable
number. Labeling of termination system shall be
provided on white labels with black typed
lettering. Handwritten labels shall not be
permitted. Provide a sample of labeling material
and example of the numbering scheme planned for
use at the facility with project submittals.
D. Testing
1. All fiber optic cable shall be factory tested on a
reel basis with performance data for each cable
supplied to the contractor and to the owner. Tests
shall be conducted utilizing an OTDR (Optical Time
Domain Reflectometer) at 850nm and 1300 nm with the
attenuation in dB/km recorded for each fiber.
2. Upon completion of the installation of all fiber optic
cable and prior to termination, each fiber optic
strand shall be tested for light continuity to insure
no damage occurred during installation. (The
contractor may wish to perform a light continuity test
on each fiber optic strand of the cable upon receipt
of reel from manufacturer to insure no damage occurred
during shipping.)
3. After completion of the installation, provide the
following:
a. An OTDR will be used to determine the following
as a minimum:
(1) Cable Length
(2) Continuity Test
(3) Insertion Loss
(4) Budget/Connector Loss
(5) Each fiber shall be measured per
ANSI/TIA/EIA-526-7, Measurement of optical
Power Loss of Installed Single Mode Fiber
Cable Plant. Record each measurement and
provide graphical plot of each cable to the
DB.
E. Verification Test Report
1. Upon substantial completion of the fiber network, test
every fiber for the functional requirements as listed
in Section 16700 - General Requirements, Cable Test
Methodology. Document, on a contractor generated
form; the system compliance. Submit a written report
detailing the results of initial adjustments and
verification tests including all relevant drawings,
charts, and photographs. This report will be
completed and submitted to the Construction Manager
for review at least five (5) days prior to acceptance
testing.
F. Acceptance Testing
1. The Acceptance Testing will be facilitated and
performed by the Contractor in the presence of the
Owner and/or Owner's Agent. Coordinate this period so
that free access, work lighting, electrical is
available on the site.
2. Make provision for the availability of a cabling
tester, and make it available at all times, on site,
during the testing period. Prior to the testing
appointment, provide to the Owner a listing of the
specific equipment to be made available.
3. Be prepared to verify the performance of any portion
of the system by demonstration, and instrumented
measurements.
4. Make additional mechanical, electrical, and/or
programming adjustments within the scope of work
deemed necessary by the owner as a result of the
acceptance tests.
G. System Documentation
1. The Contractor shall submit to the owner three copies
of a maintenance manual for the system that has been
installed. Each manual shall contain the following
information:
a. Project record drawings on CD in Autocad format.
b. All test results on CD.
C. Warranty and service call contact information.
d. In addition to the manual, two hard copies of the
project record drawings will be provided.
e. Final pay requests will not be granted until
manuals have been provided.
H. Warranty
1. The Contractor shall guarantee that the system
components and labor required to meet the scope of
work defined in this specification for a period of two
years after final acceptance by the Owner. This
guarantee will cover the replacement of all parts and
labor to replace same made necessary by normal usage
and wear.
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END OF SECTION
EXHIBIT "B"
PROJECT LOCATION
Beginning at the communications conduit vault located at the northwest comer of the
intersection of Willow Avenue and the Sugar Pine Trail (located between Nees and
Teague Avenues); thence north along Willow Avenue within the right-of-way of the
Sugar Pine Trail to the intersection of Shepherd Avenue; thence west on Shepherd
Avenue within the Sugar Pine Trail right-of-way to Millbrook Avenue; thence south on
Millbrook Avenue to Nees Avenue; thence west on Nees Avenue to First Street; thence
south on First Street to a point approximately 900 feet south of Nees Avenue adjacent to
Kastner Middle School.
Length of Project is Approximately 25,400 feet.