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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 J ' 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. 3 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 4 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. -------------------------- --------------------------------------------------------------- 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.