HomeMy WebLinkAboutCVIN, LLC - Agreement regarding installation and use of tellecommunications Fiber Optic Cable and related infrastructure 12/1/2011-6/30/2031AGREEMENT REGARDING INSTALLATION AND USE OF TELECOMMUNICATIONS FIBER
OPTIC CABLE AND RELATED INFRASTRUCTURE
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This Agreement ("Agreement") is effective this eri day of Pa'r), an by and y of Fro CVIN
LLC, i California Limited Liability Company, of CVIN an 'CVINre and the City of id too, a
r municipal completion (hereinafter City': each of CVIN and City are hereinafter referted to as a
"Party'), with respell to Ria following:
RECITALS
WHEREAS, CVIN has joint ventured whh the Corporation for Educational Network Initiatives in
Callarma, a 501c(3) ("CENIC"), toward achieving statewide hlgb-bmcfee th hammet networking
for educational and research purposes, and in relation thereto CVIN has been awarded federal
and state ARRA and grant funding including by the Broadband Technology Opportunities
Program and the California Advanced Services Fund program (collectively 'CVIN Grants")
variously administered by the National Telecommunications antl Information Association
("NTA"), to design and construct the Central Valley Next Generation Broadband Infrastructure
Project ("CVIN ProjectJ; and
WHEREAS, pursuant to CVIN's Certificate of Public Convenience and Necessity issued by the
California Public Utilises Commission for public telecommunications seMces (hereinafter
"CPCW), CVIN is in the process of brulding the CVIN Project, as variously assisted with the
CVIN Grants, to interconnect state-wide anchor education institutions and to provide high speed
broadband services throughout 18 California Counties with high speed fiber optic cables,
housed In conduit; add
WHEREAS, it Is necessary for such contlult antl high speed fiber opfic cable to be located in
certain designated ponlons of the public righhof-way in the City of Fresno; and
WHEREAS, Cry is in the process of developing a Traffic Signal Synchronization Project
(hereinafter "City Project or "ITS Project") which requires Installation of fiber optic cable within
the One existing right-of-way, and
WHEREAS, CVIN represents, warrants and agrees sat the CVIN Grants are eligible and
vailable for the purposes and uses provided hereunder, and mat the CVIN Grants contain no
astrictions, covenants and/or limitations inconsistent With the terms and conditions of this
Agreement, and that that City Is expressly relying thereto in pursuit hereof; and
WHEREAS, CVIN at is sole cost and liability has offered to provide the City withup to $100,0110
for CVIN Project related City staff services: exclusive use of CVIN Project 5 -pack conduit, fiber
optic tables and related Infrastructure designed and installed by CVIN as provided hereunder,
all compliant with the ITS National Architecture for Loral Government Agencies and Schools or
as otherwise approved by Federal Highway Administration; Underground Service Alen (USA)
services for the entire City Project as It exists now and in the future; repair and maintenance
services for the entire City Project as it exists now and in me future with CVIN to bear all costs
thereof up to M,00o during each July Is to June 30", and then on a time and material basis
per me fee schedule attached hereto as Exhibit C incorporated herein, commencing from and
after the effective date of this Agreement.
IN CONSIDERATION OF WHICH THE CITY HAS OFFERED TO PROVIDE CVIN with a waiver
of all fees required for City issued encroachment and/or street works permh(s) for me CVIN
Project, and exclusive right to use (t) one (1) conduit and related vault Infrastructure throughout
the City's ITS network infrastructure where a vacant conduit and vault rapacity Is available, or
(ii) the carrying capacity of one (1) conduit with mnerducts over existing fiber optic cables where
a vacant conduit Is unavailable but overall conduit and vault capacity Is available, or (iii) in the
absence of either "i" or "ii", the City may in its sole discretion and subject to all funding source
and thin party restrictions, allow CVIN excursive use of one (1) conduit and vault constructed or
placed in service by City after the date of Ihls Agreement, any and all such exclusive use rights
when granted shall be as providetlldepicted in Exhibits A and Exhibit B attached herald and
incorporated herein, upon the terms and conditions herein and
WHEREAS, this Agre rmant has been environmentally assessed by Ciry staff and determined to
be categuricany exempt pursuant to California Environmental Coal Act (CERA) Guidelines
15301 (Existing Facilities), 15302 (Replacement or Reconstruction), 15303 (New Construction
or Conversion of Small Structures) and 15304 (Minor Alterations to Land), and resulting in a
finding of no possiblll of significant environmental effect pursuant to CEOA Guideline 15061
(b) Of and
WHEREAS, the CVIN Project has been environmentally assessed under CEOA resulting in an
adopted Finding of Negative Declaration by the California Public Utilities Commission dated July
14, 2011; and under NEPA an approved Finding of No Significant Impact by the National
Telecommunications and Information Administration dated September 30, 2011. and
WHEREAS, the Parties acknowledge and agree that the City Project has been assisted by
Federal Congestion Mitigation and Air Costly funds under [Master Administering Agency State
Agreements)far Federal Aid Projects dated July 5M, 1997 and February 27th 2007, and by
State grant funds under Master Administering Agency -Stale Agreements for State Funded
Projects dated May 2nd, 2001 and December Seth 2006,and by Prop IB, Tell Light
Synchronization Program funds pursuant to the Traffic Light Synchronization Program Project
Scope, Cost, Schedule and Recent Besellne Agreement dated August 22nd 2008, all
Incorporated herein, and that this Agreement is subject to all the terms, conditions and
requirements thereof; and
WHEREAS, the City finds and determines that the foregoing recitals will foster development and
implementation of Me City Project as well as the public interest mission of CVIN Poll and is
in furtherance on the public Interest.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals which are contractual in
nature and the covenants and conditions contained herein, and for other good and valuable
consideration, the parties agree as follows:
1. CVINShall
a. Pay for the cost of the CVIN Project, including City Stat time in connection with the
review of the CVIN Project, including field reviews, plan reviews, construction Inspection
and all CVIN Project related activities and ovedlead CVIN shall pay a maximum of
$100,000, prepaid on City's invoice no more frequently than monthly, and within 30
days thereof, In $30.00r) deposit increments and receive from City an accounting of
charges at the completion of the design phase and final accounting of charges within 6
months after the completion of the constructed phase with a refund of any unearned
pre -pard funds; and
b, Acquire and Install as part of the CVIN Project 5 -pack conduits and vaults, for City's
exclusive use, and connect to Citys ITS existing infrastructure. In compliance with the
City's ITS Standards and Specifications, and Qualified Products List or Maternal
Specificalions, all by not later than June 30. 2013 and as provided! below:
I) along Copper Ave east from the intersection with Errant Rd. to Copper's intersection
with Cedar Ave, along Cedar Ave south from the Intersection with Copper Ave to
Cedars convergence with International Ave', along International Ave east from the
convergence with Cedar Ave to International's Intersection with Willow Ave,
if) along Champlain Drive east from the Intersection with Front Road to Champlain's
monarchal who Shepherd Ave,
Iii) along Chestnut Ave north fmm the Intersection with Alluvial to Chestnut's Intersection
with Nees Ave, along Nees Ave east from the intersecumn with Chestnut to Nees'
Intersemlon with Willow Ave, along Willow Ave north from the intersection with Nees
to Willow's intersection of the Sugar Pine Trail,
Iv) along Kings Canyon Road east from the intersection with Chestnut Ave to Kings
Canyon's intersection with Clovis Ave,
v) along First Street north from the Intersection with McKinley Ave to First Street's
Intersection with Clinton Ave, along the EMS Radio Park property located at 2233 Ni
First Street to building point of demarcation,
vi) along the Fresno Memorial Auditorium property located at 2x25 Fresno Street, from
Fresno Street vault to Fresno Memorial Auditorium building point of demarcation,
vii) along the EMS Backup Operations Center (BOC) property located at 2925 Fresno
Street from the Fresno Street vault to building point of demarcation,
c. Acquire and maintain for the duration hereof all necessary agreements, licenses, and/or
permits for CVIN's use of any RS Project conduit crossings of railroads and Caltrans
highway/freeway right of way, and any Carol conduit crossings dedicated for City use
including but not limited to State Route 99 and Shaw Ave crossing, Highway 61 and
Shaw Ave crossing. Highway I80 and Clovis Ave crossing, and Highway 168 and Willow
Ave crossing. City agrees to reasonably cooperate as necessary without additional opens
to CVIN to obtain any required consent. CVIN will be responsible for any fees levied by
the railtoads/Caltrans in connection with fie required consent,
d. Repair all fiber optic cable and related infrastructure damages caused by the installation
of new fiber optic cables and related infrastructure. as pan of the CVIN Project.
e. Assess and repair existing conduit damage at Chestnut Ave 8 Balch Ave: intercept and
reconnect one (1) conduit to vault at Willow Ave and Magill Aver construct new conduit
and vaults for CVIN use along P Street from the Intersection of Fresno Street to P
Street's Intersection with Tulare Street: construct new conduit for CVIN use along
Herndon Ave from the intersection of Willow Ave to Hamill intersection with
Chestnut: Install 2 (1.S) and 2 (1") immmucts for Qty's exclusive use along with a no
cost option to Veal ownership tree acrd clear In City at end 0 term in City's sole discretion
And 4 (1.) inoenducts for CVIN use in existlng 4' conduit along Palm Ave from the
Intersection with Herndon Ave to Palm's intersection with Nees Ave and install 2 (1.S)
and 2 (1") mineducts for City's exclusive use along with a no cost option to vest
ownership free and clear in City at end of term in City s sole discretion and 4 (1")
nnerducts for CVIN use In V conduit along Nees Ave from the intereectlon With Palm
Ave to Neesintersection With Ingram Ave; and construct antl repair conduits, vaults,
'nnerducts. Install and/or relocate fiber optic cables, as needed for CVIN Project, at
CVIN's sole expense, as conduiVvaul[ capacity deficiencies are identified during. CVIN
Project design phase, all by not later than June 30, 2013
I. Acquire.. install, terminate and Optical Time-Domain Reffectomster (OTDR) and, 168
count fiber optic cable, for City's exclusive use, along with a no cost option to vest
ownership tree and clear in City at end of [arm in City's ads discretion in compliance
with the City's ITS Standards and Specifications. and Qualified Products List or Material
Specifications, all by not later than June 30, 2013 and as provided below:
I) along Willow Ave north from the Intersection with Ashton Ave to Willow's intersection
with Herndon Ave, along Herndon Ave west from the intersection with Willow Ave to
Herndon's intersection with Chestnut Ave, along Chestnut Ave north from the
intersection with Herndon Ave to Chestnut's intersection with Nees Ave, along Nees
Ave east from the Intersection with Chestnut Ave to Nees' intersection with Willow
Ave, along Willow Ave north from the Intersection with Nees Ave to WlNows
intersection with International Ave,
If) along Kings Canyon Road east from the intersection with Chestnut Ave to Kings
Canyon's Intersection with Clovis Ave,
in) along P Street northwest from Me Intersection with Tulare Street to P Sbeet's
Intersection with Fresno Street, along Fresno Street soutfJwest to Fresno Memorial
Autlitodum server room: and
g. Acquire.. install, terminate, and OMR test I count fiber optic noble, for Ciys exclusive
use, along with a no cost option to vast ownership free and clear In 04 at and of tens
in City s sole discretion, in compliance with the City's ITS Standards and Specifications,
and Qualified Products List or Material Specifications, all by not later than June 3Q 2013
and as provided below:
I) along McKinley Ave east from the intersection with Blackstone Ave to McKinley's
Intersection With First Street, along First Street north from Me intersection with
McKinley Ave to First Street's intersection With Clinton Ave, along the EMS Radio
Path property to the building server room: and
In Acquire. Install, terminate, and OTDR test 48 count fiber optic cable, for Clys exclusive
use, along with a no cost option to vest ownership free and clear in City at end of tens
in City's sole discretion In compliance with the City's ITS Standards and Specification,
and Continent Products List or Material Specifications; all by not later han June 30, 2013
and as provided below:
I) along Fresno Street from Me Fresno Memorial Autlitodum server room located at
2425 Fresno Street to the EMS BOC server room located at 2925 Fresno Street: and
I. Acquire, install, terminate and Optical Time -Domain Retlectometer (OTDR) test. 35
count liber optic cable, for City's exclusive use, along with a no cast option to vest
ownership free and clear in City at end of tens in Citys sole discretion, in compliance
with the City's ITS Standards and Specifications, and Quarried Products List or Material
Specifications along Willow Ave from Ashton Ave to Herndon Ave, all by not later than
June 30, 2013,
j. Provide Underground Service Nestle (USA) services for the entire City Project ITS
network infrastructure, as priundeddepicted In Exhibit S and as It may exist in the future;
in accordance with California Government Cade Section 4216 of seq., imm and after the
effective date of this Agreement: and
IS Be the responding authority for and provide all City requested maintenance Services and
repair services for the entire City Project ITS network Inirastmcture as provideWdepicted
in Exhibit B, as It exists now and may exist in the future. Incluelng conduit, floor optic
cables, vaults, and splice enclosures, and assume all expenses thereof to the extent
caused by Cry forces or vandalism or ads of nature and not exceeding $40,000 ounce
each July 15t to June 30'", with City to reimburse CVIN on a time and material basis per
the fee schedule attached hereto as Exhibit C to the extent such causes exceed $40.000
commit each July V to June 30", commencing from and after the atlective date of this
Agreement, and further provided that:
I) CVIN shall respond on site within 4 hours and begin repairs within 6 hours,
if CVIN shall invoice the City for City requested maintenance and repairs of damages
that exceed $40,000 during each July let to June 30th hereunder, for reimbursement
by City within 90 days,
iii) City shall assign to CVIN any and all rights City may hold as against third parties
causing any expenses borne by CVIN under this subsection "M,
iv) In the event CVIN tails to comply with its repsir obligations hereunder, the City may,
but shall not be obligated to provide such and invoice CVIN for the actual costs
thereof ani setoff such amount from any sums due to CVIN from Clty hereunder,
V) CVIN acknowledges and agrees that City retains all right and authority to preserve
the operafional safety and the functional and aesthetic quality of the subject
smattrhighway facilryges) notwithstanding this Agreement,
vi) CVIN reserves the right to increase Exhibit C CVIN Fee. Schedule antl Repair Rates
by 1.U% annually.
2 CRY Shall:
a. Proved staff time to assist with field reviews of conduit and vaults, design reviews, plan
reviews, and construction Inspection services including overhead not to exceed the total
mount of CVIN's deposit up to a maximum of $100,000, and an accounting of charges
at the completion of the design phase and a final amounting of charges within 6 months
after Me completion of the construction phase Sam a refund of any unearned pre -paid
funds,
b. Identify, for CVIN's exclusive use one (1) conduit and related vault infrastructure where
vacant within the City ITS existing and future conduit infrastructure, more specifically
provided/depicted by Exhibit A, all by not later than March 31, 2012,
c. Identity, where vacant conduit/infrastructure under sub "b' immediately above Is not
available, and for the exclusive use by CVIN, the carrying capacily of one (1) conduit,
where conduits are accused with one or more cables that can be relocated as pan of
the CVIN Projed, or at Gillis discretion, identity one (1) conduit in which two (2)
Innerducts can be installed over existing fiber optic cables without injury to existing
cables, more specifically provideddepicted by Exhibit A, all by not later than March 31,
2012,
d. Identify, where vacant conduiHnfrastructure under sub "b° and excess carrying capacity
under sub "cimmediately above are not available.. and in City's discretion and subject to
all funding source and third party restrictions allow CVIN exclusive use of one (1) conduit
and vault constructed or placed in service by City after the date of tris Agreement,
provided that nothing herein shall obligate the City to design, construct or place in
service such facilities,
a. Review CVIN design plans at 30%, 60%, W and final plans, as required by this
Agreement anchor controlling law,
I. Waive all fees required for City issued encroachment anchor street works permus) for
the CVIN Project when CVIN has satisfied all permit requirements,
g. Cooperate with CVIN In order to enable It to perform its dunes under this agreement
including, but not Ihated to, providing access to databases and records of facilities which
may be required for CVIN to panorm its duties under Section t of this agreement.
3. Ownership. The City shall be Wasted with ownership of all the City Project Including ITS
existing and future conduit, fiber cane cable and infrastructure, except as may be otherwise
expressly provided herein. The City also shall have exclusive use of CVIN Project conduit, vault
and fiber optic cables as well as a no cost option to vest ownership free and clear In City at antl
at term in City's sole discretion in fiber carie cables as identified in le, 11, 1g, 111. 11 as may be
expressly provided herein. CVIN shall retain the ownership of and be responsible for all the
CVIN Project Including, but not limited to, conduit, vaults, fiber optic cables and related
Infrastructure except as may be otherwise expressly provided herein.
a. Candult and Fiber Use 6lahts. The use rights granted by the Parties In this
Agreement are solely for the purposes of the CVIN Project for activities within the CPCN, and
for Ne City Project, and shall Include the minimal space needed to secure the fiber optic cable
coils to one side or Ne bottom of the vaults.
5.Indemnity.
a. To the furthest extent allowed by law, CVIN shall indemnify, hold harmless and defend
City, and each of their directs, officials, employees, agents and volunteers from any and
all less, liability, fines, penalties, forfeitures, costs and damages (whether in contract, ton
or strip liability. including but not limited to personal injury, death at any time and
property damage) incurred by City, CVIN or any other person. and from any and all
claims, demands and actions In law or equity (Including attorneys fees and ligation
expenses), arising or alleged to have arisen directly or indirectly out of the negligent or
intentional acts or omissions, or willful misconduct, of CVIN or any of its oRtcers,.officials,
employees, agents and volunteers in the performance of this Agreement.
to CVIN shall require each contractor or subcontractor to indemnify, hold harmless and
defend City, and each of its officers, Offal employees, agents and volunteers in
accordance with me terms of the preceding paragraph.
C, This section shall survive temtination or expiration of this. Agreement.
6. Inammusia.
a. Throughout the lila of this Agreement, CVIN shall pay for and maintain in full force and
effect all Insurance as required in Exhibit D or as may be authorized in writing Ey City's
Risk Manager or his/her designee at any time and in bisther sole discretion.
b. If at any time during the life of the Agreement or any extension, CVM or any of its
contractors or subcontractors fail to maintain any required insurance in full force and
effect, all services and work under this Agreement shall be discontinued immediately,
and all payments due or that become due to CVIN shall be withheld until notice is
received by CM Nat the required insurance has been restored to lull force and effect
and that the premiums therefore have been paid for a coined satisfactory to City. Any
failure to monsoon the required Insurance shall constitute an event of default under this
Agreement. No action taken by City pursuant to this section shall In any way relieve
CVIN of its responsibilities under this Agreement
c. The fact that insurance is obtained by CVIN shall not be deemed to release or diminish
the liability of CAN, Including, without limitation, liability under the indemnity provisions
of this Agreement The duty to indemnify City shall apply to all claims and Iiabllity
regardless of whether any insurance policies are applicable. The policy limits do not ad
as a limitation upon the amount ct indemnification to be provided by CVIN. Approval or
Purchase of any insurance contracts or policies shall in no way relieve from liability nor
limit the liability of CAN, its officers, officials, employees, agents, authorized volunteers,
contractors or subcontractors.
d Upon request of City. CVIN shall Immediately furnish City with a complete copy of any
Insurance policy required under this Agreement, Including all endorsements, with mid
copy certified by the underwriter to be a true and correct copy of the original policy. This
requirement shall survive expiration or termination of this Agreement.
e: CVM shall require each contractor and subcontractor to provide insurance protocol in
favor of City and each of its officers, officials, employees, agents and authorized
volunteers in accordance with the terms of this section, except that any required
certificates and applicable endorsements shall be 11file with CVIN and City prior to the
commencement of any work by the contractor or subcontractor.
T. Term and Terminetlon
a. This Agreement shall take effect on the Effective Data first above and shall continue in
affect umll the earter of ('0 June 30. 2031. (id a termination for default as provided in
Section 6 below. Upon mutual agreement by parties, this Agreement may be extended
for two additional 5 year periods until June 30, 2041.
8. gelault and Termisagon for OefauM
a. The Parties agree that each of the following shall constitute an event of default for
purposes of this Agreement:
I) Any material representation, warranty, or cendicate given or famished by on behalf
of a Party which proves to be materially false as of the date of which the
representation, warranty, or ossification was given, or that a Party concealed or
failed to disclose a material fact to the other, provided, however, that it any
representation, warranty, or certification that proves to be materially false is due to
merely to inadvertence, a Parry shall have thirty (30) day opportunity after writlen
notice thereof to Cause such representation, warranty, Or certification to be time and
complete in every respect.
ii) A Parry shall cease operations, or shall file, or have filed against 1, a million of
bankmptcy, Insolvency, or similar law, state of federal, or shall file any petition or
answer seeking, consenting to, or acquiescing in any reorganization. arrangement,
composition, readjustment. liquidation. dissolution, or similar relief, and such petition
shall not have been vacated within fourteen (14) days; or shall be adjudicated
bankrupt or insolvent, under any present or future statue, law, regulation. under state
or federal law, and such judgment or decree is not vacated or set aside within
fourteen (14) days.
iii) A Parts failure. inability or admission in writing M its Inability to pay Its debts as
they become due.
in A receiver, trustee, or liquidator shall be appointed for a Party or any substantial pas
Of a Partys assets or progenies, and not be removed within ten (10) days.
v) A Party's breach of any other material condition, covenant, warranty, promise, or
representation contained In this agreement not otherwise idemified within this
section.
b. A Party shall give written notice to Me others of any event of default by specifying i) the
identity of the Party(tes) and the nature of the event or deficiency giving rise to the
default, it) the action occurred to cure the deficiency, a any nation to cure Is possible, and
ill) a date. which shall not be less than thirty (30) calendar days form the date of the
notice unless a shorter period of time is specified herein, by which such deficiency must
be cured, provided, however that X such failure cannot be remedied in such time, the
defaulting Pany(ies) shall have an additional thirty (30) days to remedy such tailure so
long as it is diligently and In good lalth pursuing such remedy.
c. Upon the happening of a default by a Party and a failure to cure said event of default
within the time specified, the non-detaulfing Perry spurs') obligation to render
performance under the Agreement shall temarrate, and the non -defaulting Pany(les)
may also at its optics and without notice Institute any action, suit, or other proceedings
In law, in equity or Otherwise, which it shall reem necessary or proper for the protection
of its interests and may without limitation proceed with any or all of the following
remedies in any Order or combination i) terminate the Agreement immediately upon
written notice thereof it) bring an action in equilsble tells( seeking specific performance
of the terns and condition of this Agreement art enjoying, abating, or preventing,
any Violations of said terms and conditions, anc or seeking declaratory relief . iii) pursue
any other remedy allowed at law, or in Poll or under this Agreement.
S. Assignment Provided that CVIN shall not be in default of any term or provision of the
Agreement, CVIN shall have the right to assign, transfer or sublet some or all of its interest In
the Agreement. subject to the terms and conditions herein and assignee's assumption thereof
and upon the woman approval of City, which shall not be unreasonably withheld. At least thirty
(30) days prior to the proposed assignment or other transfer to any person (a 'Third Party
Assignee), CAN shall deliver to City its written request including termslcondltions thereof and a
current financial statement of the Third Party Assignee and such other information concerning
the business and financial condition of the Third Party Assignee as City may reasonably
request.
10. Notices. All notices, certificates or other communications hereunder shall be in a
writing signed by the parties' duly authorized agent and shell be deemed given when personally
delivered or Posted by registered or certified mail, postage prepaid to the panted at their
respective places of business set out an the signature Page of this Agreement. Notices may
also be sent by facsimile provided that a proof of facsimile transmission is made to verity the
facsimile transmission. Personal service and facsimile serace, as aforesaid, shall be deemed
served and eRemlve upon delivery thereof, Service by mall, as aforesaid, shall be deemed to be
sufficiently served and affective as of 12:00:01 AM., on the fourth (4th) calendar day following
the date of deposit in the United States mail of such registered or cermed mail, properly
addressed and postage prepaid.
11. Cerebra loo and Binding Effect. Each Party represents and warrants that it has
received independent legal advice as tothe matters set for therein and has entered this
Agreement solely in reliance thereon, and that this Agreement represents the Parties' joint
efforts and shall not be construedagainst any Party. This Agreement shall inure to the benefit of
and shall be binding upon the Parties And Mar respective successors and assigns.
12. Sarearebilhv. In the event any provisions of this Agreement shall be held invalid or
unenforceable by a conn of competent jurisdiction, such holdings shall not invalidate or render
unenforceable any other provisions of this Agreement.
13. Final Agreement: Amendment This Agreement and any documents, instruments and
materiels expressly referenced and Incorporated herein represents Me entire agreement
between the probes with respect to the subject matter hereof. This Agreement may be
amended. altered or modified only by a written document signed by all the Paries.
14. Governing Law and Venue, The rights and obligations of Me parties and all
Interpretations in performance of this Agreement shall be governed In all respects by the laws of
the State of California, with venue in the Fresno judicial distinct.
15. Execullon In Counterpane This Agreement may be executed in counterparts such
that the signatures of the paries may appear on separate signature pages. Facsimile or
photocopy signatures shall be deemed original signatures for all purposes.
16. ParinersheWpinl Venture. This Agreement does not evidence a partnership or joint
venture between CVIN on the one hand and the City on the ocher.
17. Compliance with law. In Performing this Agreement, CAN shall at all times comply
with all applicable laws of the United States, Me State of California, and City, and with all
applicable regulations promulgated by federal, state, regional, or local administratha and
regulatory agencies, now In forces and as they may be enacted, Issued, or ami during the
term of this Agreement.
Without limiting the foregoing. CVIN acknowledges that CVIN, not City, Is redeemable for
determining applicability of and complying with all local, state. and attend laws including, but
not limited to, provisions of the California Labor Curb, Public Contract Code, and Government
Code. The City makes no express or Implied representation as to the applloaMlity o
inapplicability of any such laws to the Agreement or the parties respective rights or obligations
hereunder including, but not limited to, payment of prevailing wages, competitive bidding,
subcontractor listing, or similar or different matters. The Council of the City of Fresno has
adopted Resolution No62 297 ascertaining the general prevailing rate of per diem wages in the
Fresno area for each craft, clarification or type of work needed in the execution of contracts for
the City. A copy of the Resolution is on file at the office of the City Clerk. Actual wage schedules
are available at the Construction Management Offica, 1121 Van Ness Avenue.
19. Attorney's Fees If a Perry is reeulfed to commence any proceeding or legal sales to
enforce or Interpret any term, covenant or condition of this Agreement, the prevailing Partyboid
In such proceedlft or action shall be entitled to recover from the other Fairylike) Its reasonable
attorney's fees and agal expenses in addMon to any other relief to which such Party(ies) may
be entitled.
19. Precedenoa of Documents In the avant of any coni between the body of this
Agreement and any exhibit hereto, the terms and conditions of me body of this agreement shall
control and take Precedence over terms conditions expressed within the exhibit Furthermore.
any terms or conditions contained within any exhibq hereto which forced to modify the
allocation of risk between the parties, Provided for within but body of this agreement, shall be
nun and void.
m
EXECUTION
IN WITNESS WHEREOF the parties hereo have caused this Agreement he be executed
as of the date and year first above written.
CITY:
CVIN:
CITY OF FRESNO
CENTRAL VALLEY INDEPENDENT
NETWORK LLC
BY:
/I
By� ll, Z�
i✓PatdckWiemlll
David Nelson
Public Works Director
President and Chief Executive Officer
ATTEST:
PLEASE SEE ATTACHED
LOa) f3Aqllj
NOTARIAL CERTIFICATE
ry ark
m
APPROVED AS TO FORM
City Attorney Gy�3
R'
I nuau,AR,-&1¢Li✓'�q,��t
CVM:
CENTRAL VALLEY INDEPENDENT
NETWORK LLC
Kathy L.s
Secretary
Attachments:
Exhibit "A": Central Valley Next Generation BmatlbeM Intrestmdure Protect Scope
Exhibit"B": ITS Nevi lMmstrucWm USA, Repair& Maintenance Scope
Exhibit 'C'. CVIN Fee Schedule Repair Rates
Exhibit"D Insurance Requirements
EXHIBTW
Central Valley Nen Generation
Broadband lntrastrticture Pmgect$cope
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ITS Netwo* Inlrastmdure
USA, Repair 8 Malntenauce Scope
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EXHIRIT'C°
CVIN Fee Schedule
Repair Rates
1. 3x5 vault and installation rate = $6,500
2. 40 vault and installation rate= $10,000
3. 3x5 and 47 vault removal and disposal rate = $5,000
4. Fiber cable and installation per toot and per cable rate
a. 168 CT=$3.50
b. 144 CT= $3.25
c. 96 CT = $3.00
Q nCT=$2]5
e. 60 CT = $2.5
f. 4s. CT = $225
g. 36 CT = SZW
h, 12 CT = $1.75
I. 6 O =$1.50
5. Bore and conduit installation per foot rate for 2 Pack conduit, 4 pack conduit, or 6 pack
conduit =$Pe
B. Fiber strand splicing and testing per strand rate =$30
T Fiber strand termination and testing per strand rate = $30
B. Fiber cable pull tape and installation per toot and per conduit =$0.50
9. Fiber cable removal and disposal per feet per cable rate =$0.50
10. Fiber cable removal and reinstallation per foot per cable rate = $1.00
Fre schedule repair rates include all necessary moblllzation, traffic control, equipment,
materials, pads and labor, Traffic control, workmanship, materials, and pans shall be per City of
Fresno ITS Standards. Specifications and Qualities Product List or equivalent industry
standards as approved by City Engineer. Vault removal and disposal rate includes all
necessary work for the protection, removal, and replacement of exusmq fiber optic cables. Fiber
optic per strand rate refers to two fiber optic strancis spliced together and successfully tested
within acceptable tolerances or one liber optic strand terminated to a SC connector and tested
within acceptable tolerances per industry standards. City requested maintenance services not
Identified in ahlod C above shall be invoiced on a time and material basis with CVIN hourly rate
of $9541haur.
14
Ex111BIT"V
INSURANCE REQUIREMENTS
Agreement behreen City of Fresno
and CVIN
Minimum $cope of Insurance
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) Commercial General
Liability Coverage Form CG OG 01, which shall Include insurance for "bodily injury,"
'property damage' and 'personal and advertising injury" with coverage for premises
and operations, products and completed operations, and contractual liability.
2. The most cement version of Insurance Service Office (ISO) Business Auto Coverage
Forth CA 00 01, which shall Include coverage for all owned hired, and non -owned
automobiles or other licensed vehicles (Code 1 - Any Auto).
3. Workers' Compensation insurance as required by the California Labor Code and
Employer's Liability Insurance.
Minimum Limits of Insurance
CVIN shall maintain Ill of liability of not less than:
1. General Liability:
$1,000) per occurrence for bodlly injury and property damage
$1,000,000 per occurrence for personal and advadising Injury
$2A00.0o0 aggregate for products and completed operations
$2.000,000 general aggregate applying separately to the work performed under
Me Agreement
2. Automobile Lai.
$1,000.000 per accident for bodily injury and property damage
3. Employers Liability.
$1,000,000 each accident for codify injury
$1,000,000 dresses each employee
$1 AOO,Ooo disease policy limit
Umbrella or Excess Insurance
In me event CVIN purchases an Umbrella or Excess Insurance pokoy(ies) to meet the "Minimum
Limits of Insurance," this insurance policrbes) shall 9ollow form- and afford no less coverage
than the primary insurance pollcy(ies).
Deductibles and Self -Insured Retentions
CVIN shall be responsible for payment of any deductibles contained in any insurance policies
required hereunder and CVIN shall also be responsible for payment of any self-insured
retentions. Any deductibles or self-insured retentions must be declared to, and approved by,
the City's Risk Manager or hls/M1er designee. At the option of the City's Risk Manager or his l ar
designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects City. its officers, officials, employees, agents and authorized volunteers,
or (ii) CVIN shall provide a financial guarantee, satisfactory to City's Risk Manager or hishier
designee, guaranteeing payment of losses and related Investigations, claim administration and
defense expenses. At no fime shall City be responsible for the payment of any deductibles or
self-insured retentions.
Other Insurance Provisions
The General Liability d Ausurrocile Ui insurance policiesare to contain, or be endorsed
to contain, the following provisions:
1. City, its officers, officials, employees, agents and authorized volunteers are to be
covered as additional insureds.
2. The coverage shall contain no special limitations on the scope of protection showed
10 Gly, Its officers, officials, employees, agents and authorized volunteers.
3. CVIN insurance coverage shall be primary and no contribution shall be required of
City_
The Workers' Compensation Insurance poll cv Is to contain, or be endorsed to contain, the
following provision: CVIN and its insurer shall waive any right of subrogation against City, its
officers, officials, employees, agents and authorized volunteers-
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall
not be cancelled, non renewed reduced in coverage or in limits except after 30 calendar day
written notice by certified mail, return receipt requested, has been given to City. Upon issuance
by the insurer. broker, or agent of a notice of cancellation, non -renewal, or reduction In
coverage or in limits, CVIN shall Wmish Cry with a new certificate and applicable endorsements
for such pollcy(ies). In the event any policy is due to expire during the work to be performed for
City. CVIN shell provide a new certificate, and applicable endorsements, evidencing renewal of
such policy not less than 15 calendar days prior to the expiration date of to expiring policy.
Aecepisblllty of Insurers
All policies of insurance prepared hereunder shall be placed with an insurance companypos)
admitted by the California Insurance Commissioner to do business in the State of California and
rated not less than "A -VII' In Best's Insurance Rating Guide; or authorized by Citys Risk
Manager.
Verification of Coverage
CVIN shall lumish Dry with all cedlficale(s) and applicable endorsements effecting coverage
required hereunder. All paNficates and applicable endorsements are to be received and
approved by the Citys Risk Manager or his/her designee prior to COY execution of the
Agreement and before work commences.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
stare of GauronJd�a��
County of FK✓✓�'
On ///
jJ eel re m6�F7he new, wo 11am�iMr,
Personally Medi aretl ��fu-�'�.i'/ /1 T g li
CawdtY(be) Claimed by Signerte)
-,emd, dual
wM10 i roved to me on the ease ad salislazlory evidence to
corporate Onicx—Tale{e)'.
na the peraonl whoa r ne ncee}f11pr§ apesdAted he the
L ParmiI user l General
and acknowtetlgetl to me that
Plural— ibmua General
/,t�h,,irn�;„d�trument
61ppla M)dy manicured the same intrill thorizea
panty Ice ane mat ey 5 n etamndes) on the
I Alternate Fetl
Instrument Ina presaged, or the entity east denan of
I Trvahe
which ma mandate) actedmea me Instrument.
a-��
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inc- F �
I artily under PENALTY OF PERJURY under Me laws
� MI nwmt a
of me State M Callfor ind that the foregraing paragraph Is
yp pea
thus and corned.
Other
WITNESS my hand and otticial�uia1'.v
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4,.n.......�h.
Signature eyc="'
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OPTIONAL
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Description of Aryaah y Document
Ttlle or Type or OncWmom
Document Date: /K&/
Nutneer mrP Z _
Slginina other Than Named order
CawdtY(be) Claimed by Signerte)
-,emd, dual
_India
corporate Onicx—Tale{e)'.
-Co'larete—Tlrain
L ParmiI user l General
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F Answer, Favi
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Slgnea is Representing
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State ofCalifomia
County of Calaveras
On NOVEMBER 18, 2011, before me, LORI FLAMING, NotaryPublic, persandly appeared
KIRBY L. SMITH, who proved to me on the basis of smisfectory evidence to be Ne pt ands)
whose namels) is/are subscribed to the within instrument and adknowiedged to me that
hdshodhey executed the some in his/her/dick authonaed capaeity(ies), and that by hisAer/dteit
signatures) on the instrument the penon(s), or the entity upon behalf of which the persons)
acted, executed the instrument.
1 certify wider PENALTY OF PERJURY ander the laws of the Son, of California Nat the
foregoing paragraph is we and correct. WITNESS my hand and official seal.
01 nealI G
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855 M. Street, Ste. 112,3 Fresno, CA 98221
TN: 559-042,3010. Fw: 559-462-6049
L Kinds Smith, certify dans I am IF, mrand, the mryoionyoiled lidbilitywmpeoy reined hemin'. that
David Netrvm xMspmd this Afmmysi on M1eM1rlfoftheempnmti0ntlinii¢d liability company, war then
PresidmvCFO of mid mWandn9idded liability Odedy: that raid Apartment Is wima theacopv of its
oipmiznionel powers Had was data ngn J lot and on Indent of mid imperiled, imitN liability mmpmy by
rude iby 01111 Dilemma bN¢ ea evehmi by Ide mtiehed ime mart clues copy of 1M MINL ULS OF I HE
BOARD OF U0iyT"ORS CVIR LLC Umemom 16.2010 xhich M1r1 am Iecn modified add is in full force add
e8em.
By_ �4EZL ,A
Name:
sac: secresov,
Date:_ ail/I7�
MINUTES OF TINE WAND OF GOVERNORS
CON LLC
Deeemwr t0, 3010
The queMdy Masks o1 Me goad of Govemors of CON LLC wu held December 16. 2010 H Vokend
TelephoneDo. CNhmen Een RlMop celletl Ma meetlng warders{10:00 PM, aroannouncedeeusum
nodded
Guremars m afteMnrce were: With Drake
Nirdy SmIM
Milan Seeking
Ed Onnabee
Jeff Susan
Ead Sislwp
Edo Weds
Also Prexm: John Lun63ren
Dam Dougiu
Dam Nelson
Jan Dubiakova
Frank Leschinsfy
Mks Embedded
Mike Shwad
The Gouamws Premed a brat updele of individual wmpeny Issues. Much DMe, My Smits and Alan Enabler
noted latl Progress on reepeo cwnpany ARfU gent "bods.
The Gpvmrwrs rend addrtasN the middle of Me premus mae" {Indo motion duly made by Alan Shearer
and Ascended by Met Duke, it vies unanimously
RESOLVED, to approve Me Ocdber 19, MID madded as pleaanNe.
RESOLVFA, It alat pars] Nekon as PnaMant g Chkl Eaerutlm g r, Mich Drake as
CNaimvn, add Myry Smlm as Sacreal0 CVIN br th arguing year.
UPan Mean Mly draft by plan Shearer and wmn6vJ by Ed Qmspae it ys unanlmwsty
TusWa
JaMJa
170
ed as a
Them bang no Nrlbp was
to come,bebre Um Govemars,IladddpWnlMasonpMade by Ertl E, yGaeccp pbbyyn
Earl, II w s eyreey tyre me n9 w adjoemed W l2.SO PM.
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Semebry
REPORT TO THE CITY COUNCIL AGENDA ITEM NO. J:OOd/YtG
COUNCILMEETING i r1111
December 1, 2011
A an
! MANP
FROM: PATRICK N. Department Director
Public WOMB Department
BY: SCOTT L. MOZIER, PE, City Engineer / Assistant Director��
Public Works Department Traffic and Engineering Services Division
JOHN STANBOULIAN, Project Manager A
Public Works Department, Traffic and Engineering Services Division
SUBJECT: DOCUMENTS PERTAINING TO AGREEMENT REGARDING
INSTALLATION AND USE OF TELECOMMUNICATIONS FIBER OPTIC
CABLE AND RELATED INFRASTRUCTURE BETWEEN OVIN LLC AND
CITY OF FRESNO (CITY WIDE)
1. A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO
ADOPTING THE 30TH AMENDMENT TO THE ANNUAL
APPROPRIATION RESOLUTION NO. 2011-T33. APPROPRIATING
$100.000 FOR CITY OF FRESNO FIELD REVIEW, DESIGN REVIEW,
AND CONSTRUCTION INSPECTION SERVICES FOR THE CAN
PROJECT
2. ADOPT FINDING PURSUANT TO GUIDELINE 15W1(B)(3) OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES
THAT THERE IS NO POSSIBILITY THE CITY PROJECT MAY HAVE A
SIGNIFICANT EFFECT ON THE ENVIRONMENT: AND FINDINGS OF
CATEGORICAL EXEMPTION PURSUANT TO SECTIONS 15301,153021
15303 AND 15304 OF THE CEOA GUIDELINES
3. AUTHORIZE PUBLIC WORKS DIRECTOR OR HIS DESIGNEE TO SIGN
AGREEMENT REGARDING INSTALLATION AND USE OF
TELECOMMUNICATIONS FIBER OPTIC CABLE AND RELATED
INFRASTRUCTURE BETWEEN CVIN, LLC AND CITY OF FRESNO
�1
RECOMMENDATIONS .xa _
�N' aha
Staff recommends that City Council:
1. Adopt the 36th Amendment to the Annual Appropriation Resolution No. 2011-133, appropriating
.$100,000 for City of Fresno staff to provide field review, design review, and construction inspection
services for the CVIN Project.
2. Adopt findings pursuant to guidelines 15061(b)(3) of the California Environmental Quality Act
(CEQA) Guidelines that there Is no possibility the Ciry project may have a sgniFicant again on the
REPORT TO THE CITY COUNCIL
Agreement Regarding Installation And Use of Telecommunications Rber Optic Cable And Related
Infrastructure
December t, 2011
Page 2
environment, and findings of categorical exemption pursuant 10 sections 15301, 15302. 15303 and
15304 of the CEOA Guidelines.
3. Authorize the Public Works Director or his designee to sign Agreement Regarding Installation And
Use Of Telecommunications Firer Optic Cable And Rotated Infrastructure between CVIN. LLC and
City of Fresno.
EKECUTIVE SUMMARY
The General Valley Independent Network, LLC (CVIN) has joint verdured with the Corporation for
Educational Network Initiatives In California (GENIC) toward achieving a statewide broadband project.
CVIN has been awarded awarded 165,6 million In American Recovery and Reinvestment Act (ARRA)
Broadband Technology Opportunity Program STOP) grant funding and California Advanced Services
Fund (CASF) grant funding to design and construct the Central Valley Next Gatt ion Broadband
Infrastmmure Project (CVIN Pact The CVIN Project will extend broadband capabilities to 18
counties In the central Celt(omie to better serve CENIC's educational instttutlons and CVIN customers.
The CVIN Project scope for Me City of Fresno is to provide fiber optic interconnectivityto anchor
educational Institutions, including State Center Community Schools District locations, Fresno County
Office of Education, California State University Fresno locations, key technology centers, and CVIN
customers. The CVIN Project objective is to explore mutually beneficial agreements with local
government agencies and to leverage existing infrastructure towards mutually beneficial goals.
The City of Fresno and CVIN reached a mutually beneficial Agreement Regarding Installation and Use
of Telecommunicati0ns Fiber Optic Cable and Related Infrastructure. CVIN will provide the City of
Fresno with Underground Service Also (LISA) locating services, maintenance and repair services
totaling 540,000 annually, and installation and unrestricted exclusive use of five conduits and vaults
for Chestnut Avenue and Willow Avenue corridor, Champlain Drive Corridor, International Avenue and
Copper Avenue comdor. Kings Canyon Road corridor, and emergency services downtown locations
and Radio Park, and Installation and unrestricted exclusive use of fiber optic cables with no cost has
vesting option in City at termination of the Agreement to fiber optic cables for Chestnut Avenue and
Willow Avenue corridor, Kings Canyon Road corridor, and emergency services downtown locations
and Radio Park. CAN will also provide City vath $100,000 in capital funding for City staff time,
including overhead, to assist CVIN with field reviews, design plan reviews, and construction inspection
services. CVIN will provide $30,000 upon execution of this Agreement, and subsequent $30,000
deposits will be prepaid for staff services upon the City's request The City of Fresno will provide staff
time to assist CVIN Project as noted above, Identify for CVINa use the carrying capacity of one
conduit and vault space throughout the City-wide Intelligent Transportation Systems (ITS) conduit
network, and waive all fees for City encroachment and street work pandits.
Sfax recommends that the Council adopt the amendment to the AAR in order to receive the funding
from CVIN to pay for staff costs associated with me CVIN project, make the environmental fintlings as
could to the recommendations and authorize the Public Works Director or designee to execute the
agreement on behalf of the City.
BACKGROUND
On January 22, 2010, National Telecommunications and Informallon Administration (NTIA)
announced general policy and application procedures for the Broadband Technology Opportunity
REPORT TO THE CITY COUNCIL
Agreement Regarding Installation And Use Of Teiecommuacatlons Fiber Optic Cable And Related
Infrastructure
December 1, 2011
Page 3
Program (STOP) that the agency established pursuant to the American Recovery and Reinvestment
Act (ARRA) of 2009. BTOP protides grants for deploying broadband infrastructure in unserved and
underserved areas of the United States. enhancing broadband capacity at public computer centers,
and promming sustainable broadband adoption projects. In facilitating the expansion of broadband
communications services and infrastructure. BTOP advances the objectives of the. Recovery Act to
spur job creation and stimulate long fano economic growth and opportunity (DOC NTIA BTOP
Summary, Federal Registry, V0175, No 16. January22, 2010). On December 20, 200], the Caiffomie
Public Utilities Commission also authorized the California Advanced Services Fund (CASF) to
Promote universal service in unserved and underserved areas in the state.
The Central Valley Independent Network, LLC (CVIN) has jant ventured with the Corporation for
Educational Network Initiatives in California (CENIC) toward achieving a statewide broadband project,
and CVIN has been awarded $66.6 million In federal American Recovery and Reinvestment Act
(ARRA) Broadband Technology Opportunity Program (STOP) grant funding and state California
Advanced Services Fund (CASF) gram funding to design and construct the Central Valley Next
Generation Broadband Infrastructure Project (CVIN Project). GENIC Is a non-preet 501(c)3
corporation, with five Charier associates, including Celiomta Community Colleges, California K-12
system, California Stale University system, private universities. and the University of California
system. CVIN is a consortium of coal carriers serving various areas in California pursuant to
Certificates of Public Convenience and Necessity GPCN) granted by the California Public Utilities
Commission.
The CVIN Project will extend broadband capabilities to 18 counties in central California to better nerve
CENIC's charter educational institutions and CVIN customers. The CVIN Project will provide new
fiber-based infrastructure W 1371 route miles, involving 720 miles of new construction; 128 miles of
new fiber in CAN affiliated company conduits: 36 miles of CVIN affiliated company existing fiber use
Of 302 miles of existing GENIC fiber; and use of 185 miles of an existing CVIN affiliated! company liber
ring.
The CVIN Project scope for the City of Fresno Is rd provide fiber optic interconnectivity to anchor
educational institutions. Including State Center Community Schools District locations, Fresno County
Office of Education, California State University Fresno locations, key technology centers, and CAN
customers. The CVIN Project objectives are to explore mitually beneficial agreements with local
government agencies and to leverage existing infrastructure towards mutually beneflaal goals.
City of Fresno staff and CVIN have reached a mWualy beneficial 20-year Agreement Regarding
Installation and Use of Telecommunications Fiber Optic Cable and Related Infrastructure. CVIN will
provide the City Of Fresno with 1) $100,000 capital funding for staff time to assist CAN with field
reviews, plan reviews, and construction Inspectlao Become, 2) Underground Service Alert (USA)
conduit locating services, and maintenance and repairservices totaling $40,000 annually, and 3)
installation and unrestricted exclusive use of live conduits and vaults for the Chestnut Avenue and
WIIlow Avenue candor', Champlain Drive comtlor: International Avenue and Copper Avenue corridor:
Kings Canyon Road combo[ emergency services two dOwntown locations; and emergency services
Radio Park location, and installation and unrestricted excursive use of fiber strip tablas with no cost
fee veering option at termination m the Agreement b fiber Optic cables, for the Chestnut Avenue and
Willow Avenue corridor: Kings Canyon Reed corridor; emergency servdes two downtown locations;
and emergency services Radio Park location.
REPORT TO THE CITY COUNCIL
Agreement Regarding Installation And Use Of Telecommunications Fiber Optic Cable Add Related
Infrastructure
Deomber t, tot 1
Page 4
More specifically, CVIN will provide line City of Fresno with the following
I . Capital Poled Fundirm The Agreement provides $100,Ooo in capital funding for City staff. time,
Including overhead, to assist CVIN with field reviews, design plan reviews, and construction Inspection
services. CVIN will provide $MV00 upon executed of the Agreement, and suEseril $30,000
deposits will be prepaid for Wait services, upon City a request An amounting of charges will be
provided to CAN at the conclusion of the design phase and final amounting of charges withln six
months after completion of the construction phase of the CVIN Poll
2. USA Services Maintenance d Emermancy Repair Services The Agreement provides for City-
wide fiber optic conduit )timing rrddsemces known as Underground Service Alert (USA), Currently. USA
locating services are Provided by Citys Traffic Signal and Street Light maintenance staff. The
Agreement will also provide for routine maintenance services and emergency repair services to the
City-wide fiber optic network, totaling $40.000 annually.
3. Chestnut Avenue andl W' I • Avenue Corridor : The. Agreement provides for the
installation and unrestricted exdpsrve use of five conduits and vault Infrastructure along the one mile
fiber optic corridor of Chestnut Avenue (from Alluvial Avenue he Nees Avenue), Nees Avenue prom
Chestnut Avenue 10 Willow Avenue), and Willow Avenue (from Nees Avenue to IM1e Sugar Pine Trail).
The Agreement also Provides for the Installation and unrestricted exclusive use, with no cast fee
vesting option at termination of the Agreement, to eight mites Of 166 count fiber optic cable along
Chestnut Avenue and Willow Avenue corridor (from Ashton Avenue to International Avenue), and
three miles Of 36 count fiber optic cable slang Willow Avenue (from Ashlan Avenue to Hemtlon
Avenue).
4. Chamola n Drive Candor Improvements : The Agreement Provides for the installaden and
unrestricted exclusive use Of five conduits and vault infrastructure along 1S miles of Champlain Drive
from Shepherd Avenue to Frlant Hoed
5. International Avenue Cedar Avenue Co er Avenue LOrntler Improvements: The Agreement
provitles for the Installation and Masthead exclusive use of five mora lls and vault Infrastructure
along 1.9 miles of International Avenue (from Willow Avenue to Cedar Avenue), Cedar Avenue (from
International Avenue to Copper Avenue), and Copper Avenue (from Cedar Avenue to Full Road).
6, Kings Canyon Road Corridor The Agreement provides for the Installation and unrestrained
exclusive use of five conduits and vault infrastructure along 2.1 miles of Kings Canyon Road (from
Chestnut Avenue 10 Clovis. Avenue). The Agreement provides for the installation and unrestricted
exclusive use, with no cost fee vesting option at termination of the Agreement, to 168 count fiber optic
cable along the mmieor.
u. Emewricy Seri D t L The Agreement provides for the installation and
unrestricted exclusive use of approximately 2,000 feet of conduit and vault infrastructure from the
existing Fresno Street City conduit to the Veterans Memorial Auditorium (located at Fresno Street and
N Street), and from the Fresno Street existing City conduit to a City Emergency Services Building
(located at Fresno Street and Dlvisadem Street). The Agreement also provides for fire installation antl
unrestricted exclusive use, with no rust fee vesting Option at termination of the Agreement, to fiber
optic cables between the two facilities and City Hall.
REPORT TO THE CITY COUNCIL
Agreement Regarding Installation And Use Of Telecommunications Rber Optic Cable And Related
lmrmaudure
December 1, 2011
Page 5
e. Ennou v SerVice Radio Park L 11 : The Agreement provides for the installation and
unrestricted exclusive use of approximately 3,000 feet of conduit and vault infrastructure along First
Street (from McKinley Avenue to Clinton Avenue) Interconnecting exiting City conduit infrastructure to
the emergency services Radio Perk location. The Agreement also provides for the installation and
unrestricted exclusive use, with no cast fee vesting Option at termination of the Agreement to 1 5
miles of fiber optic tante from Blackstone Avenue to Radio Park location.
As part of me Agreement, the City of Fresno will provide CVIN the carrying capacity of one conduit
and vault space throughout the existing .and future City-wlda Intelligent Transportation Systems
condult network_ As such, City will provide one conduit where vacant contlus Is avalable; otherwise,
City may elect for CVIN Project to relocate non-essemial transportation fiber optic cables to avail one
vacant conduit for CVIN Project, or Clty may elect for CVIN Project to install inner -duct placed over
existing fiber optic cables. City will identify where conduit capacity Is not available and require CVIN
Project to construct new conduit and vault infrastructure. City will provide staff time to assist CVIN with
field reviews, plan reviews, and construction Inspection services. City will waive all fees for City
encroachment and street walk Where provided all permit requirements have been satisfied.
Staff recommends that Council autbonze the Public Works Director or his designee tosign the
Agreement Regarding Installation And Use OI Telecommunications Fiber Optic Cable And Related
Infrastructure between CVIN and City of Fresno. This mutually beneficial Agreement will benefit the
City's. Intelligent Transportation Systems network, and CVIN's Central Valley Next Generation
Broadband Infrastructure Project. Staff also recommends that Council adopt the 36th Amendment to
the Annual Appropriation Resolution No. 2011-133, appropriating $10,000 for City staff services to
assist CVIN Proud,
ENVIRONMENTAL FINDING
Pursuant to the requirements W CEOA, staff has determined this Project is categorically exempt
based on CEOA Guidelines: Class t Section 15301 which exempts the repair, maintenance, or minor
alteration of existing structures or faculties with negligible or no expansion of existing use; Class 2
Section 15302 which exempts replacement or reconstruction of existing structures and facilities Where
the new Structure will be located on the same site as the structure replaced and will have substantially
the same purpose and capacity as the structure replaced: Class 3 Section 15303 which exempts new
construction or conversion of small structures, and Class 4 Section 15304 which exempts minor public
or private atteratlons In the condition of land, water, and/or vegetation which do not involve removal of
healthy, mature, scenic trees except for forestry or agricultural purposes. These exemptions apply
because the Agreement Involves installation of fiber optic condurt cable and appurtenances within
existing City public utility right-of-way, with no change in proposed use or Intensity of use thereof.
Furthermore, staff has determined that none of the exceptions to Categorical Exemptions set forth In
the CEOA Guidelines, Section 15300.2 apply to this project. Additlonally, staff has Performed e
preliminary environmental assessment of the Project and, pursuant to CEPA Guidelines, Section
15061(6)(3), staff has determined with certainty Net there Is no possibility of a significant effect an the
environment. This is again because the Project involves a minongber optic cable installation within the
existing City public utility, right of -wary with no change In proposed use or intensity of use thereof, Stan
recommends that the Council, based upon its own Independent judgment, adopt these flndings per
shall determination, pursuant to the CEOA Guidelines for Project.
Pursuant to the requirements of CEOA and NEPA, CVIN Project has been environmentally assessed
under CEPA resulting In an adopted Finding of Negative Declaration by the Caffeine Public Utilities
REPORT TO THE CITY COUNCIL
Agreement Regarding Installation And Use Of Telecommunications Fiber Optic Cable And Related
Infrastructure
December 1, 2011
Page 6
Commission dated July 14, 2011: and under NEPA an approved Findiog of No Significant Impact by
the National Telecommunieaflons and Information ACminlstrater dated September 30, 2011,
FISCAL IMPACT
There is no fiscal impact to the General Fund, CVIN will dowels $100,00 capital funding for City staff
services to assist with CVIN Project The Agreement provides a positive fiscal impact to the City
consisting of CVIN provided services for utility locating as required through USA me fill annually
for repair sernces along the ITS conduit and fiber network.
PM1xlimaMe: Agmamam Regarding lnsfallebon And Use CA neiarommunweuMS Fbar Coe Cable ME Felated
InlraAruclure WWI- n CVIN and City N Freano
FssdWOn Amending Annual AppmpnaYon Febolura,