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North St. Paul

Carver County Open Fiber Initiative

Request for Bid

Fiber Optic Network Construction

February 17, 2011 TABLE OF CONTENTS

SECTION I – GENERAL INFORMATION...... 1

1.0 BACKGROUND/PURPOSE...... 1 1.1 VENDOR QUESTIONS AND DATES...... 2 1.2 RFB RESPONSE, BONDS, AFFIDAVIT, AND RFB RESPONSE OPENING...... 4 1.3 BID RESPONSE FORMAT...... 5 1.4 GENERAL REQUIREMENTS AND INSTRUCTIONS TO VENDORS...... 5 1.5 RESPONSE EVALUATION...... 6 1.6 CONTRACT TERMS AND CONDITIONS...... 8 SECTION II – SPECIFICATIONS...... 20

2.0 OVERALL SYSTEM...... 20 2.1 SITE AND FIBER SEGMENT INFORMATION...... 21 2.2 PART A - BASE RING CONSTRUCTION...... 21 2.3 PART A – BASE RING FIBER TERMINATIONS...... 22 2.4 PART B – LATERAL CONSTRUCTION...... 22 2.5 PART B – LATERAL BUILDING ENTRANCES...... 22 2.6 PART B – LATERAL FIBER TERMINATIONS...... 22 2.7 PART C – FIBER OPTIC CABLE AND CONDUIT...... 22 2.8 PART D – BASE RING SPLICING...... 23 2.9 PART D – LATERAL SPLICING...... 24 2.10 PART D – ESTIMATED SPLICING COUNTS...... 24 2.11 PART C - FIBER OPTIC CABLE SPECIFICATIONS...... 24 2.12 PART A AND B - FIBER OPTIC CABLE INSTALLATION...... 25 2.13 PART A AND B - CONSTRUCTION...... 27 2.14 PART A AND B - TESTING AND DOCUMENTATION...... 28 2.15 PART A AND B AND C - MATERIAL WARRANTY...... 30 2.16 PART A AND B - PROJECT SCHEDULE AND IMPLEMENTATION...... 30 2.17 CONSIDERATIONS IN COST DEVELOPMENT...... 31 SECTION III – COST AND ADDITIONAL INFORMATION...... 32

3.0 COST INFORMATION...... 32 3.1 PROVISION OF COST INFORMATION...... 32 3.2 SUMMARY COST (SUMMARY COST TABLE)...... 32 3.3 PART A - BASE RING COST (TABLE A)...... 32 3.4 PART B - LATERAL COST (TABLE B)...... 32 3.5 PART C – FIBER OPTIC CABLE AND CONDUIT COST (TABLE C)...... 33 3.6 PART D – SPLICING COST (TABLE D)...... 33 3.7 OTHER COSTS (TABLE E)...... 33 3.8 WARRANTY, SUB-CONTRACTOR RELATIONS...... 33 3.9 CLIENT REFERENCES...... 33 3.10 ADDITIONAL INFORMATION...... 33 APPENDICES...... 34

ATTACHMENT A – AFFIDAVIT OF NON-COLLUSION FORM...... 35

ATTACHMENT B – STATEMENT OF AFFIRMATIVE ACTION FOR EQUAL OPPORTUNITY EMPLOYMENT...... 36 ATTACHMENT C – ACCEPTANCE FORM...... 37

ATTACHMENT D – REFERENCES...... 38 Carver County RFB for Fiber Optic Network Construction 

SECTION I – GENERAL INFORMATION

1.0 Background/Purpose

In order to meet Carver County’s communication needs the County is planning to deploy a fiber based backbone network that connects county facilities and city buildings within the county as well as a number of anchor institutions. The County applied for and was successful in obtaining federal funding made available under the American Recovery and Reinvestment Act (ARRA) through the Broadband Technology Opportunities Program (BTOP) managed by the National Telecommunications Administration Institute (NTIA). This project is identified as the Carver County Open Fiber Initiative (CCOFI).

The County is issuing this Request for Bid (RFB) for the construction of approximately an 89 mile ring and 33 miles of lateral connections. The ring will run directly through all 11 cities in the county. Approximately 122 miles of fiber optic cable will connect 71 sites that house 86 anchor institutions. The members of the CCOFI collaboration represent a far-reaching collection of city, county and township governments, libraries, schools, colleges, public safety and law enforcement agencies, community organizations, and healthcare providers that serve rural and suburban areas and a broad cross-section of the community.

The RFB has four major parts:

1. Part A - Base Ring Construction: Underground construction of a dual conduit system for an 89 mile Base Ring with 15 hub sites on the ring is being requested. This includes construction of lateral segments into 12 buildings (county or city buildings) as well as 3 huts that will be constructed on County property. All materials and labor except for providing fiber optic cable and conduit for the ring is included in this part. 2. Part B – Lateral Construction: Underground construction of a dual conduit system for approximately 33 miles of lateral construction. All materials and labor except for providing fiber optic cable for the lateral is included in this part. 3. Part C - Fiber Optic Cable and Conduit Material: This part is to provide fiber optic cable and conduit for the Base Ring and the Laterals. Cost for different cable size for the ring and the laterals are requested. 4. Part D – Splicing : This part is to provide fiber optic splicing for the Base Ring, Laterals, and splicing needed inside the building onto the termination rack.

This RFB does not include any request for active fiber electronics equipment.

Vendors may choose to respond to one or more of the four parts identified above. Any vendor choosing to respond to a particular part must respond to all of the requirements of that part. Vendors choosing to respond to Part A, B, C and D must comply with all of the requirements associated with the ARRA Grant funded fiber projects, specifically,

 2/17/2011 1 Carver County RFB for Fiber Optic Network Construction 

a. The terms of the Federal Stimulus Grant awarded to the County under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5 – 2009 (the “ARRA”).

b. Requirements and guidelines published by the United States Department of Commerce, National Telecommunications and Information Administration (the “NTIA”) Broadband Technologies Opportunities Program (the BTOP”) 75 FR 3792, January 22, 2010.

Two key requirements of the project are that vendors comply with the Davis-Bacon Act and that that all materials for the project adhere to the Buy American provision.

The Davis-Bacon Act among other things requires that:

 Prevailing wages must be paid as determined by the Department of Labor based on wages paid to various classes of laborers and mechanics on specific types of construction projects. Wage determinations are usually made on a county-by-county basis.  Overtime for laborers and mechanics must be paid at a rate 1.5 times the basic rate of pay for time worked in excess of 40 hours per week.  Certified weekly payroll reports and statement of compliance be provided by the contractor and sub-contractors.

Davis-Bacon Act wage determinations are published on Department of Labor’s Wage Determinations OnLine (WDOL) website, accessible at www.wdol.gov.

The Buy American provision requires the vendor to certify that all materials used for the project are manufactured in the United States of America.

For Part A ,B and D - the construction components - the County is requesting vendors to provide cost information for material and labor separately. For labor cost, the County is requesting that vendors provide two costs – one without the Davis Bacon wage requirement (i.e. market rate) and the other that complies with the Davis Bacon wage requirement. The County is interested in understanding and documenting the labor cost difference between the two for reporting purposes

After contract award the vendor shall be responsible for any cost overrun if it is determined that the vendor was non-compliant with the Davis-Bacon Act and additional employee or sub-contractor payroll is required to meet this requirement.

1.1 Vendor Questions and Dates

Questions and/or correspondence related to this RFB document or procurement must be in writing and e-mailed to:  2/17/2011 2 Carver County RFB for Fiber Optic Network Construction  Randy Lehs Broadband Fiber Project Manager Carver County Administrative Services Carver County Government Center 600 E. 4th Street Chaska, MN 55318 Phone #: 952-361-1494 E-Mail: [email protected]

The following project dates have been established:

RFB Issue: February 17th, 2011

Vendor Conference & February 25th, 2011 at 9 am at Carver County Mapping Demonstration: Government Center - See Note below

Mapping Demonstration & Site Survey: March 9th & 10th, 2011 - See Note below

Written Questions Received: March 15th, 2011 (4:00 pm local time)

Written Responses Provided: March 22nd, 2011

RFB Response Due April 5th, 2011 (2:00 pm local time)

At the time of RFB public opening vendor names and total dollar amounts for each of the four Parts (A,B,C & D) will be read out. Detailed vendor response and cost information will be made available after recommendations are made to the County Board and the County Board has completed its evaluation.

Note: On February 25th at 9 am there will be a vendor conference and demonstration of mapping data that shows the fiber route maps. On March 9th at 9 am there will be a second mapping demonstration that will be a repeat of the one held on February 25 th. Also on March 9th at 10:00 am site surveys will begin at the Carver County Government Center. Vendors are required to contact Randy Lehs at Phone: 952-361-1494; email: [email protected] a minimum of 48 hours in advance if they plan to participate in the vendor conference, mapping demos or the site survey. There will be no makeup time for any of these events. None of these events are mandatory but highly encouraged and for site surveys vendors will be responsible for meeting the inside fiber cabling requirements in compliance with applicable local, state, and federal codes including any County mandated requirements.

 2/17/2011 3 Carver County RFB for Fiber Optic Network Construction  1.2 RFB Response, Bonds, Affidavit, and RFB Response Opening

Response to this RFB must be received at the following address.

Randy Lehs Broadband Fiber Project Manager Carver County Government Center 600 E. 4th Street Chaska, MN 55318

One bound marked “ORIGINAL” and three loose-leaf copies of the RFB response must be submitted and clearly marked:

"CARVER COUNTY - RFB FOR FIBER OPTIC NETWORK CONSTRUCTION"

An electronic version of the bid response in Microsoft Word format and the cost data in Microsoft Excel should be included.

A security bond or certified check payable to Carver County in the amount of 5 percent of the cost for the parts being bid is (materials and labor using Davis-Bacon wages) required. Certified check shall be returned to unsuccessful vendors after award of a contract or rejection of all responses.

The cost section of the RFB response must not contain any erasures, corrections, or white outs. Failure to comply will result in the response being rejected.

The County will reject all responses received after the closing time identified above. Facsimile responses will not be accepted. The County is not responsible if an improperly addressed response is opened prematurely. All requests to withdraw a response must be made in writing to the County at the address listed above. Vendors may not withdraw their response within 90 days after the actual date of the RFB response opening, without forfeiting the security bond.

The successful vendor will be asked to provide a Performance and Payment bond for the segments and any alternates selected for construction within 10 days of contract award.

The County reserves the right to waive technicalities or irregularities, to accept any portion of a response, when responses are by items, to reject any or all responses, and to make arrangements in the best interest of the County.

The vendor must include as part of their response:

A. A signed affidavit of non-collusion. B. A signed Statement of Affirmative Action for Equal Opportunity Employment.  2/17/2011 4 Carver County RFB for Fiber Optic Network Construction  C. A signed Acceptance Form

The above forms are provided as part of the RFB document.

1.3 Bid Response Format

Vendors must include the following in their response:

A. Certify that the response complies with the requirements of the RFB. B. Vendor qualifications as outlined in Paragraph 1.5. C. Cost information and additional information as required in relevant sections of the RFB

Failure to submit your response in accordance with the requirements of this RFB may, at the discretion of the County, be grounds for rejection. Vendors must warrant that the materials provided and workmanship meets or exceeds all specifications contained or referenced herein. Vendors shall list types and quantities of materials provided for the project. The Vendor remains solely responsible for the accuracy of their response as to system performance, material quality, and material quantity.

1.4 General Requirements and Instructions to Vendors

The following must be considered in responding to this RFB.

a. The specifications provided herein are intended to facilitate an understanding of the County’s needs and are to be considered the minimum requirements. It is the vendor's responsibility to propose a technically sound and operationally functional system. b. The proposed network must be designed and installed to provide a highly reliable grade of service. All parts, materials, and service proposed must be currently available on the market and in continuing production (no discontinued manufacturers or parts). Any components included must be new. In addition, the vendor must clearly demonstrate that they have installed all components needed to provide service as proposed and that those components or service are fully operational. Vendors must document conformance with the performance requirements of Section II. c. Each vendor is required to submit proposed contracts, catalog data, and technical information including design calculations and layout drawings that completely describe the network and associated services. Information provided will be used during the evaluation process. All general contents of this RFB and technical specifications herein, as well as the complete response of the successful vendor, will be included in any contract between the County and the successful vendor. d. The County reserves the right to determine whether a vendor is responsive and has the ability and resources to perform the contract in full and comply with the specifications. Inability to demonstrate vendor experience will result in rejection of the response.  2/17/2011 5 Carver County RFB for Fiber Optic Network Construction  e. The County reserves the right to request additional information from the vendor to satisfy any questions that might arise. The County reserves the right to award the contract in whole or in part, whichever is in the best interest of the County. All tie bids will be resolved in a manner which is in the best interests of the County. The County further reserves the right to reject any or all responses, to waive any informalities and/or to issue invitations for new bids. f. The County assumes no responsibility for understanding or representations concerning conditions made by its officers or employees prior to the execution of a legal contract, unless such understanding or representations are specifically incorporated into this RFB. g. Verbal discussions pertaining to modifications or clarifications of this RFB will not be considered part of the RFB unless confirmed in writing. Any information provided by the vendor verbally will not be considered as part of that vendor's response until written confirmation is received by the County at the address provided in this RFB. h. The vendor is required to review this document and to become familiar with the requirements necessary to make a complete response in compliance with local, state, and federal codes and the RFB specifications. Failure to review the provided information regarding this project will not relieve the vendor from submitting a complete and fully responsive bid. i. Where specific manufacturer's components and materials are listed, "equivalents or equals" will be considered, but technical specifications for all "equivalents or equals" must be included with the response. Responses without such documentation may be rejected at the County’s discretion. The County reserves final approval of "equivalents or equals". j. The County is not responsible for locating or securing any information that is not identified in the RFB and reasonably available to the County. To ensure that sufficient information is available, the vendor must furnish as part of the response, all descriptive material necessary for the County to determine whether the response meets the requirement of the RFB and establish exactly what the vendor proposes to furnish as to supplies, materials, and services. k. Subcontractors working for the vendor must meet all the requirements of the RFB and any contract between the vendor and the subcontractor must include all contract terms agreed to between the County and the successful vendor.

1.5 Response Evaluation

It is important that vendors review this subsection to understand the County’s evaluation process.

A. Vendor Qualification. Vendors responding to the RFB must have the following minimum qualifications. Vendor qualifications would be part of the evaluation as described further below.:

1. The vendor or the subcontractors used must have a minimum of 5 years experience in outside plant fiber optic cable construction if responding to Part A and B and/or providing splicing services if responding to Part D. Vendors shall supply references  2/17/2011 6 Carver County RFB for Fiber Optic Network Construction  as required in Section III, Paragraph 3.9. 2. The vendor’s RFB response includes a robust and achievable project plan addressing implementation issues, deployment timeframes and risk management measures indicating a level of experience in successfully managing installation of networks with similar scope, size, and complexity. 3. The vendor or subcontractors used must have a service and support capability and be able to respond for warranty services if requested or required. 4. The ability and the willingness of the vendor to comply with all of the requirements of the Grant awarded to the County under ARRA including the requirement to comply with Davis-Bacon Act.

Vendor must include information that substantiates their qualification as part of their response to the RFB. Vendors that do not qualify will not be considered.

B. Bids Against the Requirements of the RFB. Bids not meeting the requirements stated in the RFB may be eliminated from further consideration at this stage in the review process.

C. Cost. One time cost for Part A, Part B, Part C and Part D will be used to evaluate the vendor bids. Davis-Bacon wages will be used in the evaluation of cost for Part A, Part B and Part D.

The County will use the same cost evaluation method for alternates. The County may choose not to award contracts for alternates.

In developing their cost, vendors must keep in mind that no adjustments will be allowed (including corrections) to the cost after the public opening. Cost sheets must contain no corrections or erasures.

D. Selection between Responses: The County will award the contract to the vendor who submits the lowest responsible bid. The County will use 75% weighting for cost and 25% weighting for vendor qualifications, experience and items listed below in this section. Please note that the County at its discretion may choose to award the contract, in whole or in part, including the base configuration, laterals, and/or any of the alternates. In addition, if it is in the best interests of the County, the County may choose to reject all bids and not award any contracts.

The County will evaluate each of the four parts separately. Only one vendor for each part will be selected. A vendor may be awarded multiple parts.

The County will award the contract to the lowest responsible vendor. The lowest responsible vendor may not be the lowest cost provider. The lowest responsible vendor will be based, in part, on the following:

 2/17/2011 7 Carver County RFB for Fiber Optic Network Construction  1. The bidder’s adherence to all conditions and requirements of the bid specifications. 2. The total bid price. 3. The bidder’s general reputation and experience. 4. Evaluation of the bidder’s ability to service the County. 5. Prior knowledge of and experience with the bidder. 6. The needs and requirements of the County. 7. The bidder’s ability to meet delivery requirements. 8. Exceptions taken to contract terms included in this bid specification. 9. All maintenance costs and warranty provisions.

The County reserves the right to waive minor defects in a bid response during the evaluation process if it is deemed not to have any material effect on the final outcome.

1.6 Contract Terms and Conditions

1.6.1 Contractual Conditions. The following contractual conditions, in addition to system requirements and installation terms, shall be included in the contract entered into by the County and the successful vendor.

1.6.1.1 Number of Vendors and Sub-Contractors: There shall be one contract between the County and the vendor. All materials and services proposed will be procured under this contract. Contractor shall not enter into any subcontract for the performance of any services contemplated under this Agreement without the prior written approval of the County and subject to such conditions and provisions as the County may deem necessary. The Contractor shall be responsible for the performance of all subcontractors. Any agreements between the vendor and subcontractors must not conflict with the terms of the agreement between the County and the vendor.

1.6.1.2 Laws of Minnesota and Effective Date: The contract between the County and the successful vendor shall be governed by the laws of the State of Minnesota. The contract shall be effective on the date it is approved and signed by the County.

1.6.1.3 Assignment of Interest: No party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other Parties and a fully executed Assignment Agreement, executed and approved by the same parties who  2/17/2011 8 Carver County RFB for Fiber Optic Network Construction  executed and approved this Agreement, or their successors.

1.6.1.4 Permits, Private Easements: The successful vendor shall be responsible for any and all permits required including any private easements.

1.6.2 Date of Acceptance. The contract will be considered substantially complete under the following conditions:

a. All of the work has been completed in accordance with the contract and specifications. b. The system tests within specifications and operates in conformance with manufacturer’s published specifications. c. Completion of 30 consecutive days of operation without major network failure after the system or service is turned over to the County for use. The County will use fiber electronics (e.g. modems, switches, routers, etc.) and may use its own test equipment to test the fiber network. Failure within this period would re-start the 30-day period. d. All documents and manuals as specified and agreed upon, including “As- builts” and Fiber Test Results have been provided as specified in Section II. e. For final payment, Contractor shall comply with all requirements contained in Minn. Stat. §290.92 regarding the withholding of taxes and wages. Contractor shall submit documentation of compliance with its claim for final payment. A certificate by the Minnesota State Commissioner of Revenue will satisfy this requirement (Form IC-134). Contractor is not entitled to final payment until such documentation is submitted. Additional information and forms are available on Minnesota Revenue website at www.taxes.state.mn.us f. All requirements of the Davis Bacon Act have been met.

The vendor shall certify in writing to the County when the system or service is installed, operational in accordance with the specifications stated above, and ready for use. Upon receiving the certification, the County will schedule acceptance testing. At the end of the acceptance period, the County will notify the vendor of system acceptance. The date identified in the letter constitutes Date of Acceptance.

1.6.3 Contract Duration Pricing. During the contract term the successful vendor must pass on to the County all discounts and price reductions made available to other customers using similar services. At no point will the vendor be allowed to raise cost above the stated contract price.

1.6.4 Reimbursement of Liquidated Damages. If the vendor fails to provide a complete and operational system by the specified or otherwise agreed-upon date of  2/17/2011 9 Carver County RFB for Fiber Optic Network Construction  completion, the County will receive reimbursement for liquidated damages of $2,000 per calendar day until such is provided.

1.6.5 Installation. Prior to installation of equipment or service, approval of installation plan shall be obtained from the County.

1.6.6 Status of Responses. The County reserves the right to accept or reject any or all responses and waive informalities or irregularities in the process. A response once submitted shall be deemed final and binding on the vendor, and shall constitute an option with the County to enter into a contract upon the terms set forth in the response. Responding to this RFB does not constitute a contractual arrangement between the County and the vendor.

1.6.7 Incurring Costs. The County is not liable for any costs incurred in replying to this RFB.

1.6.8 Permission to Proceed. The vendor must obtain the County’s permission before proceeding with any work necessitating construction on property or cutting through any part of any County building or anchor institution structure.

1.6.9 Bond. Performance and Labor and Material Payment Bonds in the amount of 100% of contracted fiber segment construction will be required of the successful vendor. Performance and Labor and Material Payment Bonds if required must be furnished contemporaneous with the execution of an agreement between the vendor and the County and in compliance pursuant to Minn. Stat. §§375.21 & 574.26. The successful vendor must comply with all Minnesota State requirements regarding bonding.

1.6.10 Payment for Services. Vendor will invoice the County for construction costs on a monthly basis or as agreed upon as part of the final contract. Payment for services shall be made directly to the Contractor after completion of services and upon the presentation of a claim in the manner provided by law for payment of claims against counties. If payment under this Agreement is dependent upon the availability of federal, state, county or other funds and such funds are reduced or terminated, this Agreement may be renegotiated or terminated at the sole discretion of the County. In the event of termination, Contractor shall be entitled to payment, determined on a pro rata basis, for services satisfactorily performed.

Progress payments will be subject to a 5% hold back until the network is accepted as specified in Section 1.6.2.

Final payment shall also be subject to the vendor meeting all of the requirements of  2/17/2011 10 Carver County RFB for Fiber Optic Network Construction  the ARRA Grant.

1.6.10 Indemnification and Insurance. Each party shall be liable for its own acts to the extent provided by law and hereby agrees to indemnify, hold harmless and defend the other, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney’s fees which the other, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants or employees, in the execution or performance or failure to adequately perform its obligations pursuant to this Agreement.

It is understood and agreed that the County’s liability shall be limited by the provisions of Minn.Stat.Chap.466 and/or other applicable law.

The insurance shall be written for not less than the limits of liability specified below or required by law, whichever coverage is greater. Coverage shall be maintained without interruption from the date of the commencement of the work until the date of final payment.

Carver County shall be named as an additional insured on a primary basis with respect to operations of the vendors or its subcontractors under the required liability policy. Vendor further agrees that in order to protect itself as well as the County under the indemnity provision set forth above, it will at all times during the term of this Agreement keep in force:

a. Commercial General Liability Insurance Policy with minimum limits of $1,500,000 combined single limit (CSL), with coverage pertaining to premises operations. In the event Combined Single Limits Coverage is not secured by the vendor, the following minimum limits apply: $3,000,000 Aggregate $3,000,000 Products and Completed Operations Aggregate $1,500,000 Personal Injury and Advertising Injury $1,500,000 Each Occurrence $ 100,000 Fire Damage Limit $ 5,000 Medical Expense

 2/17/2011 11 Carver County RFB for Fiber Optic Network Construction  The policy should be written on an “occurrence” basis and not a “claims- made” basis. b. Automobile Liability Insurance including owned, non-owned, and hired vehicles in an amount not less than $1,500,000 combined single limit (CSL) for total bodily injuries and/or damages arising from any one accident. If automobiles are not used, we must receive a letter from you stating this. c. Professional Liability Insurance (when required) in the minimum amount of $1,500,000 combined single limit (CSL). In the event Combined Single Limits Coverage is not secured by the Vendor, the following minimum limits apply: $3,000,000 Aggregate $1,500,000 per Wrongful Act or Occurrence d. Excess Umbrella Liability Policy will be additionally required if any of the above policies have lower limits than stated. e. Worker’s Compensation Insurance. Vendor shall comply with applicable State and Federal statutory requirements.

Prior to the effective date of this Agreement, and as a condition precedent, the Vendor will furnish the County with an original Certificate of Insurance listing the County as an "Additional Insured" in all coverage areas except Worker’s Compensation and Professional Liability.

The certificates and insurance policies required in the above paragraphs shall contain a provision that coverage afforded under the policies can not be cancelled, materially altered or allowed to expire until at least 60 days prior written notice has been given to the County.

1.6.10.1 Risk of Loss or Damage: The County shall be relieved from all risks of loss or damage to the materials during periods of transportation, installation, and during the entire time it is in possession of the successful vendor and until such time as unencumbered title for the system is vested in the County and it is in the exclusive possession of the County. Should the system components be lost or damaged, under such circumstances, the County is relieved from the risk of loss or damage.

1.6.11 Independent Contractors.

 2/17/2011 12 Carver County RFB for Fiber Optic Network Construction  a. Nothing contained in this Agreement is intended or should be construed as creating the relationship of co-partners or joint ventures with the County. No tenure or any rights including worker’s compensation, unemployment insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to County employees, including indemnification for third party personal injury/property damage claims, shall accrue to the Contractor or employees of the Contractor performing services under this Agreement. b. Contractor acknowledges and agrees that no withholding or deduction for State or Federal income taxes, FICA, FUTA, or other, will be made from the payments due Contractor and it is Contractor’s sole obligation to comply with all federal and state tax laws. c. Contractor shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide services identified in this Agreement.

d. Contractor is responsible for hiring sufficient workers to perform the services required by this Agreement and withholding taxes and paying all other employment tax obligation on their behalf. e. Contractor shall provide all the needed documentation (including payroll) to comply with the requirements of the federal Davis-Bacon Act. 1.6.12 Data Privacy/Data Ownership.

a. Minnesota Government Data Practices Act (Minn.Stat.Chap.13 and related statutes). All data collected, created, received, maintained, or disseminated, in any form, for any purposes by the activities of Contractor because of this Agreement is governed by this Act, as amended, the Minn. Rules implementing such Act, as amended, as well as Federal Regulations on data privacy. The person responsible for release of all data under this Agreement shall be the Division Director of the County employee identified in provision 1.6.15.

b. Health Insurance Portability and Accountability Act (HIPAA – 45 C.F.R. §§160,162,164) . If under this Agreement the exchange of Protected Health Information in any form is anticipated the Contractor shall comply with all regulatory obligations including signing any required agreements (e.g., Business Associate Agreement). Such Agreements shall be attached to and incorporated into this Agreement.

 2/17/2011 13 Carver County RFB for Fiber Optic Network Construction  c. Release. No data may be released by the Contractor to a third party without the express consent of the County’s representative as indicated below – this includes any media relations.

d. Ownership. Ownership of all data prepared for or by the County whether having commercial value or not shall remain with the County.

1.6.13 Other Required Contract Terms. The following other contract terms shall apply.

1.6.13.1 Hazard Communication Program: Prior to execution of an agreement, the vendor shall provide the Health and Safety Supervisor with a copy of its Written Hazard Communication Program as required by OSHA Standard 29 CFR 1200(e) through (g) for all hazardous components and materials used. At a minimum, this shall include Material Safety Data Sheets (MSDS) and warning labels affixed to hazardous substance containers used by the vendor.

1.6.13.2 Force Majeure:

a. Force Majeure: Neither party shall be held responsible for delay or failure to perform when such delay or failure is due to any of the following unless the act or occurrence could have been foreseen and reasonable action could have been taken to prevent the delay or failure:

* Fire * Flood * Epidemic * Strikes * Wars * Acts of God * Unusually severe weather (except normally expected weather in Minnesota – e.g. in winter) * Acts of public authorities * Delays or defaults caused by public carriers

Provided the defaulting party gives notice as soon as possible to the other party regarding the inability to perform.

b. Inability to Perform: The vendor shall make every reasonable effort to maintain staff, facilities, and equipment to deliver the system or service purchased by the County. The vendor shall immediately notify the County in writing whenever it is unable to, or reasonably believes it is going to be  2/17/2011 14 Carver County RFB for Fiber Optic Network Construction  unable to, provide the agreed-upon quality and quantity of services. Expected normal weather for the season (e.g. snow and cold in winter in Minnesota) is exempted from being considered unusually severe weather. Upon such notification, the County shall determine whether such inability requires a modification or cancellation of the contract. c. Duties to Mitigate: Both parties shall use their best efforts to mitigate any damages that might be suffered by reason of any event giving rise to remedy hereunder.

1.6.13.3 Nondiscrimination: During the performance of this Agreement, the Contractor agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance status, criminal record, creed or national origin be excluded from full employment rights in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable Federal and State laws against discrimination.

1.6.13.4 Access to Records, Retention, and Audit: Pursuant to Minn. Stat. §16C.05, subd. 5, the Contractor agrees that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the vendor and involve transactions relating to this Agreement. Vendor agrees to maintain these records for a period of six years from the date of termination of this Agreement.

1.6.13.5 Health and Safety: The vendor shall be solely responsible for the health and safety of its employees and subcontractor’s employees in connection with the services performed in accordance with this Agreement. The Contractor shall ensure that all employees, including those of all subcontractors, have received training required to properly and safely perform services outlined in this Agreement. Such training is to include, but not be limited to, all applicable sections of the State and Federal Occupation, Safety and Health Administration (OSHA) laws, Superfund Amendments and Reauthorization Act (SARA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Uniform fire Code and/or any other applicable health and safety regulations. Upon the request of the County, the vendor shall provide copies of any licenses and/or training records for vendor and/or contractor’s employees or subcontractor’s employees who perform services pursuant to this Agreement.

1.6.13.6 Tobacco: No person may smoke or use a tobacco product (1) in any building or upon any grounds owned or leased and occupied by the County or anchor institutions, or (2) in any location or facility during any library, County or anchor  2/17/2011 15 Carver County RFB for Fiber Optic Network Construction  institutions sponsored educational program, activity, or event, regardless of the location of such activity or event. The term "smoke" shall include smoking a cigarette, cigar, or pipe, or carrying a lighted cigarette, cigar, or pipe. The term “use a tobacco product” shall include chewing of tobacco or snuff or the consumption of any other tobacco product.

1.6.13.7 Equal Employment and Americans with Disabilities

In connection with the work under this agreement, Vendor agrees to comply with the applicable provisions of state and federal equal employment opportunity and nondiscrimination statutes and regulations. In addition, upon entering into this agreement, Vendor certifies that it has been made fully aware of Carver County's Equal Employment Opportunity and Americans With Disabilities Act Policy, through both oral and written communications, that it supports this policy and that it will conduct its own employment practices in accordance therewith. Failure on the part of the Vendor to conduct its own employment practices in accordance with County Policy may result in the withholding of all or part of regular payments by the County due under this agreement unless or until Vendor complies with the County policy, and/or suspension or termination of this agreement.

1.6.13.8 Infringement on Adjoining Property: The vendor is to exercise care to ensure that infringements on adjoining property is avoided in the process of work under the contract. Any damage resulting from infringement on adjoining property must be made good immediately by the vendor responsible at the vendor’s expense.

The vendor is obliged to replace, restore, or rearrange, in a manner satisfactory to the County, any components of lawns, streets, pavements, curbs, sidewalks, or boulevards such as lamp posts, poles, conduits, wires, hydrants, underground mains of other property owners, etc., which have been removed, displaced, disturbed, or interfered with as the result of work under the contract.

Should the vendor cause damages to any other work or person employed in the work, the vendor agrees, upon due notice, to settle with such person by agreement or arbitration, if such person will settle. The vendor agrees to defend any suits at the vendor’s expense and pay all costs arising therefrom without any cost to the County

1.6.13.9 Temporary Facilities: If needed, the vendor will be required to maintain its’ own storage area on the site. Storage space within the building will not be provided.

1.6.13.10 Utility Clearances: For projects involving excavation, trenching, borings, etc., the vendor is required to contact Gopher State One-Call, Inc., for location of underground telephone, electrical lines, water, sewer, or natural gas lines, prior to  2/17/2011 16 Carver County RFB for Fiber Optic Network Construction  digging. The vendor will verify the Gopher State One-Call’s work prior to any digging on public and private properties and rights-of way..

The selected vendor shall also locate existing utility systems (including other hazards such as sprinkler systems, tunnels, etc.) on County or anchor institution property prior to work on the County or anchor institution property.

Any damage resulting as a result of failure to do so shall be the vendor’s responsibility.

1.6.13.11 Use of County or Anchor Institution Facilities: Means of ingress or egress in County or anchor institution buildings or offices shall not be blocked for any reason or hamper the normal operation of the building in any way unless permission is first obtained from the County. The vendor shall phase the work to ensure minimal disruption to the buildings’ operations. Work involving significant amounts of noise, construction debris, etc., shall be performed outside of normal business hours.

The vendor's materials, tools, supplies, or debris shall not be stored or allowed to accumulate in occupied areas (corridors, classrooms, office areas, etc.). The County or anchor institutions assume no liability or responsibility whatsoever for any damage, destruction, theft, or other acts that may occur to the vendor’s materials.

The vendor must propose to the County a definite schedule so the County can arrange for appropriate staffing. Any changes to the schedule must be approved by the County and submitted by the vendor no less than 24 hours before the anticipated change.

1.6.13.12 Cleanup: The vendor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the contract before final inspection. Surplus materials and all cabling components shall be promptly removed from the site upon completion of the work. In case of undue delay or dispute, the County may remove rubbish, materials, and cabling components, and charge the cost to the vendor, with such action permissible by the County 48 hours after a written notice has been transmitted to the vendor.

Prior to final acceptance, the vendor shall restore all areas affected by the work to their original state of cleanliness and repair all damage done to the premises, including the grounds, by the vendor’s workmen and equipment.

1.6.13.13 Special Controls: The building, project site, and adjoining property must be protected by the vendor from objectionable dust and wind-blown debris. In addition, necessary controls shall be provided to prevent pollution of the air by odors  2/17/2011 17 Carver County RFB for Fiber Optic Network Construction  or particulate matter. Reasonable precautions must be exercised to prevent vandalism and to safeguard the public at the existing building.

1.6.12.14 Security Compliance on County or Anchor Institution Property:. All work performed on County and anchor institution property shall be in compliance with security policies of the property owner. At a minimum:

 All vendor and subcontractor personnel on site shall wear and display identification badges that may contain a recent photo of the individual, company name, employee name and date of issuance. Personnel shall also wear and obtain a County Contractor badge and any other badge or identification required by anchor institution entities.  Personnel who need to enter the building system shall sign in on the designated contractor log in the respective Facilities Office or Front Desk, or other designated location, with date, employee name, contractor name, time in and sign out with time out when leaving the building.  Contractor personnel access and parking to the work area shall be at the discretion of the Owner and Administrative Service Division in the building. Contractor personnel shall not traverse through the building.  Contractor activities in the building shall be limited to those required to perform the work in that building.

1.6.14 Merger and Modification. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this Agreement are presumed to be incorporated or attached and are deemed to be part of this Agreement. Where the incorporated terms differ with the terms of this Agreement, the terms of this Agreement shall control

Any material alteration, modification, or variation shall be reduced to writing as an amendment and signed by the parties.

1.6.15 Default and Cancellation.

a. If the Contractor fails to perform any of the provisions of this Agreement or so fails to administer the work as to endanger the performance of the Agreement, this shall constitute default. Unless the Provider’s default is excused by the County, the County may, upon written notice to the Contractor’s representative listed herein, cancel this Agreement in its entirety as indicated in (b.) below.

 2/17/2011 18 Carver County RFB for Fiber Optic Network Construction  b. This Agreement may be cancelled with or without cause by either party upon thirty (30) days written notice.

c. Representatives for each of the parties to this Agreement are as listed below:

Vendor County/Division Name Name Address Address Phone Phone E-mail E-mail

1.6.16 Nonwaiver, Severability & Applicable Laws

a. Nonwaiver. Nothing in this Agreement shall constitute a waiver by the County of any statute of limitations or exceptions on liability. If the County fails to enforce any provision of this Agreement, that failure does not waive the provision or its right to enforce it. b. Severability. If any part of this Agreement is rendered void, invalid or unenforceable, by a court of competent jurisdiction, such rendering shall not affect the remainder of this Agreement unless it shall substantially impair the value of the entire Agreement with respect to either party. The parties agree to substitute for the invalid provision a valid provision that most closely approximates the intent of the invalid provision. 1.6.17 Section Headings

The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.

1.6.18 Third Parties

This Agreement does not create any rights, claims or benefits inuring to any person that is not a party hereto nor create or establish any third party beneficiary.

 2/17/2011 19 Carver County RFB for Fiber Optic Network Construction 

SECTION II – SPECIFICATIONS

2.0 Overall System

For purposes of this RFB, the fiber network system consists of:

A. An 89 mile Base Ring with fifteen hub sites on the ring. B. Approximately 33 miles of Laterals to connect County and anchor institution sites to the ring.

To deploy and maintain the fiber system, the County is requesting construction and procurement of four components as follows:

1. Part A - Base Ring Construction: Underground construction of a dual conduit (1 ¼ inch) system for an 89 mile Base Ring with 15 hub sites on the ring. This includes construction of building segments into 12 buildings (county or city buildings) as well as 3 huts that will be constructed on County property. 5 of the 15 sites have dual building entrances. All materials and labor except for the fiber optic cable and conduit for the ring must be included. During construction and until acceptance, vendors responding to Part A shall be responsible for any maintenance (locates and break/fix) of the ring. If there is a cost to the County associated with this activity it should be identified separately.

2. Part B - Lateral: Underground construction of a dual conduit (1 ¼ inch) system for approximately 33 miles of lateral construction. All materials and labor except the fiber optic cable and conduit for the lateral is included in this part. During construction and until acceptance, vendors responding to Part B shall be responsible for any maintenance (locates and break/fix) of the ring. If there is a cost to the County associated with this activity it should be identified separately.

3. Part C - Fiber Optic Cable and Conduit: Provide fiber optic cable and 1 ¼” conduit for the Base Ring and the Laterals. Cost for different cable size for the ring and the laterals are requested.

4. Part D – Fiber Splicing: This part is to provide fiber optic splicing for the Base Ring, Laterals, and splicing needed inside the building to the termination rack or wall mounts.

Vendors may choose to respond to one or more of the four parts identified above. Any vendor choosing to respond to a particular part must respond to all of the requirements of that part.

 2/17/2011 20 Carver County RFB for Fiber Optic Network Construction  Vendors responding to Part A and/or Part B that also wish to respond to Part C for fiber optic cable and conduit, must respond to the following in the event their bid for Part C is not selected.

A. The County will have the selected vendor for Part C deliver the fiber optic cable and conduit to Carver County Public Works in Cologne. The construction vendor(s) selected for Part A and/or B would be responsible for distributing the material to the job site. B. Describe any testing or documentation that the Part C vendor will have to provide to the Part A/Part B vendor.

2.1 Site and Fiber Segment Information

Appendix A lists building name and address of locations that need to be connected. Appendix B provides fiber segment information for the Base Ring and the Laterals. Fiber segments are labeled in the following manner:

A. Segments with a B designation are a base ring segment. B. Segments with an L designation are Lateral segments off of the base ring.

The following web link provides color coded fiber route maps with segment labels as listed in Appendix B.

http://carvergisweb1.co.carver.mn.us/Fiber_Mapping/

2.2 Part A - Base Ring Construction

This configuration includes installing single-mode fiber in a ring topology in segments as listed in Appendix B. The County is looking for dual 1 ¼” conduit underground construction with the fiber cable occupying one of the conduits. Vendors are asked to supply all materials needed for the construction except for the fiber optic cable and conduit. They may supply this cable and conduit as a response to Part C of the RFB. Vendors must include the cost of installing the fiber optic cable as part of constructing the ring.

Of the 15 buildings on the ring, five have dual entrances that need to be minimally separated by fifteen feet. These are the Carver County Government Center in Chaska, Carver County Cologne Public Works and the three huts. Each of the dual entrances shall have fiber cable the same size as that in the ring. The remaining ten single entrance sites will have fiber cable in a single conduit that is the same size of the fiber cable in the ring.

As part of constructing the ring, vendors should provide and install 15 two post open rack (19”x 72”) for fiber termination, one for each hub location.

 2/17/2011 21 Carver County RFB for Fiber Optic Network Construction  2.3 Part A – Base Ring Fiber Terminations

The Base Ring Configuration should include:

A. Termination of seventy-two (72) fibers - 36 from each direction, at 10 of the 15 sites on the ring with single entrance. B. Termination of one hundred and ninety-two (192) fibers - 96 from each direction, at 5 of the 15 locations on the ring with dual building entrances.

1.1 Part B – Lateral Construction

This configuration includes installing single-mode fiber in segments off of the ring as listed in Appendix B. The County is looking for dual 1 ¼” conduit underground construction with the fiber cable occupying one of the conduits. Vendors are asked to supply all materials needed for the construction except for the fiber optic cable and the conduit. They may supply this cable and conduit as a response to Part C of the RFB. Vendors must include the cost of installing the fiber optic cable as part of constructing the lateral.

1.2 Part B – Lateral Building Entrances

To minimize site survey requirement for the RFB, the County is requesting that vendors construct lateral fiber to the outside of the buildings and leave a slack cable loop of 200 feet in a hand-hole outside the building. Vendors are asked to provide a not to exceed average cost for penetrating all lateral buildings and terminating the fiber as follows:

A. Within 50 feet inside of the building entrance for 28 buildings. B. Within 150 feet inside the building with cable transition for 12 fibers using indoor compliant fiber cable for 28 buildings. Vendors may use plenum rated interlocking armored cable or install outside plant cable in an EMT if distance is greater than fifty feet.

2.6 Part B – Lateral Fiber Terminations

Vendors should terminate 12 of the 24 fibers in a wall mount enclosure. The wall mount enclosure must be provided by the vendor.

2.7 Part C – Fiber Optic Cable and Conduit

The County is requesting that vendors bid for the fiber optic cable and conduit as a separate component from construction. Vendors must provide total and a per foot cost for the following. Cost per foot should be valid for a 10% variation in estimate.

A. Base Ring Fiber – Approximately 528,000 feet of single mode fiber cable for the  2/17/2011 22 Carver County RFB for Fiber Optic Network Construction  following fiber count.

i) 72 fibers ii) 96 fibers iii) 192 fibers iv) 216 fibers

Fiber cable reel should average between 14,000 and 22,000 feet.

B. Lateral Fiber – Single mode fiber cable for the following fiber count. Approximate length for each fiber cable size is provided in parenthesis

i) 24 fibers (15,000 feet) ii) 48 fibers (64,000 feet) iii) 72 fibers (102,000 feet) iv) 144 fiber (9,000 feet)

Fiber cable reel should average between 14,000 and 22,000 feet.

C. Conduit – Approximately one million four hundred thousand feet of 1 ¼” conduit.

Conduit reel should average between 7,000 and 8,500 feet.

Fibers in the cable should be pre-tested and test results available with each reel. If delivery cost to Carver County Public Works in Cologne is additional it should be provided separately. The Part C vendor shall be responsible for the fiber cable and conduit until it is delivered to Cologne and accepted by the Part A and Part B vendor.

2.8 Part D – Base Ring Splicing

The Base Ring Configuration should include:

A. Splicing of fiber cable reel ends (referred to as butt splicing or gang splicing). B. Splicing of seventy-two (72) fibers - 36 from each direction of the ring on to the single building entrance cable. C. Splicing of one hundred and ninety-two (192) fibers - 96 from each direction of the ring on to the dual building entrance cable.

After the award and as part of implementation, the selected vendor must provide a splicing diagram (paper format and electronic) to the County Construction Manager. The County must approve the diagram in writing before any splicing work can begin.

 2/17/2011 23 Carver County RFB for Fiber Optic Network Construction  2.9 Part D – Lateral Splicing

Vendors should splice four fibers for each building to the ring. Cost for splicing should be provided separately. During implementation the County must approve the splicing in writing before any splicing work can begin.

2.10 Part D – Estimated Splicing Counts

Vendors are asked to provide splicing cost for butt (or gang) splicing for reel ends as well as splicing for laterals and splicing in the termination panel or wall mounts inside the hubs on the ring and buildings on the laterals. The following splicing count has been estimated. Vendors are asked to provide total cost as well as unit cost for each category of splicing.

A. Base Ring Fiber

i) Reel end splices – 7680 splices - assuming a 192 fiber cable and 40 reel end splicing. ii) Hub/Ring splicing – 2640 splices – 15 buildings on the hub with 5 having dual entrances and 10 having single entrances. iii) Inside termination panels – 2640 splices – 15 buildings.

B. Laterals – Approximately 840 splices for 70 lateral segments with an average of 12 splices per lateral plus 1,680 reel end splicing estimated at 24 splices per lateral. The system is initially planned for 4 active fibers per building.

2.11 Part C - Fiber Optic Cable Specifications

The fiber optic cable must:

 Be an accepted product of the United Stated Department of Agriculture Rural Utilities Services (RUS) 7 CFR 1755.900 (PE-90) and meet the requirements of ANSI/ICEA Standard for Fiber Optic Outside Plant Communications Cable ANSI/ICEA S-87-640-2006.  Be new and currently being manufactured – Corning single mode fiber (SMF-28), equivalent or better.  Be Gopher resistant (armored)  Fiber strands must be of ribbon cable  Be gel free (dry)  Meet specifications for use in outside plant under extreme operational temperatures (-40 degree C - +70 degree C).  Be constructed to provide high tensile strength and contain water-resistant and

 2/17/2011 24 Carver County RFB for Fiber Optic Network Construction  water-blocking blocking material.  Each fiber ribbon cable and fiber must be color-coded in accordance with TIA/EIA-598-B, “Optical Fiber Cable Color Coding”  Fiber strands must meet the following attenuation (dB/km loss) requirements:

- <= .35 dB/km at 1310 nm - <= .25 dB/km at 1550 nm

2.12 Part A and B - Fiber Optic Cable Installation

For underground fiber optic cables:

 Minimum depth must be 36 inches on rights-of-way except for roadway crossing where minimum depth must be 48 inches. Noninvasive construction must be used under roadway crossings. Railroad crossings must comply with the specific permits for depth.  Must be placed into a duct. The inside diameter of the duct must be such as to maintain not more than 50-percent fill ratio with the fiber optic cables installed.  Conduits must be sealed after the cable is pulled to prevent water to seep in. The empty conduit must also be sealed.  Warning tape with a minimum marking warning of buried fiber optic cable must be buried approximately 12 inches below existing grade except when directionally bored.  County and city approved marker signs must be placed beside the cable route to warn against dig-ups – a minimum of every 500 feet in urban area, and at least 2000 feet in rural areas, at hand-holes and at sharp bends.  For easy splicing, splice points must allow for 150 feet of fiber optic cable slack on both ends.  At specific intervals (hand holes, splice points) minimum 100 feet of excess fiber optic cable slack must be placed for restorations and reconfigurations.  All fiber optic cable entrances will be U-guard protected or placed in conduit. No exposed cabling on outside walls will be allowed.  Splice enclosures (butt or through) must be: moisture-resistant seals, re-enterable for expansions and repairs, accommodate 12 to maximum size fiber optic cable for splicing, and place no stress on finished splices within trays.  Indoor splice centers may be wall-mount for cable size less than or equal to 24 fiber or rack-mounted for higher capacity fiber with necessary fiber splice capacity, individual tray access, fiber optic cable strain relief (e.g. cable ladders), and labels for documentation. Whether splice centers are wall mounted or rack mounted should be the County’s choice.  All splices must be of heat-shrink fusion type.  2/17/2011 25 Carver County RFB for Fiber Optic Network Construction   The loss on any one splice in one direction on each fiber will not exceed 0.05 dB. The bi-directional splice loss average shall not exceed 0.10 dB.  All metallic fiber optic cable components at splice points and building entrance must be bonded and grounded in compliance with ANSI/NFPA 70 requirements (AWG #6 copper wire minimum).  Vendors must adhere to manufacturer’s specification for bend radius and pull strength maximums when installing fiber.  Fiber optic cable entrances into the building must be via metal conduit or sleeves. The vendor will need to work with the County staff to determine the exact location for fiber optic cable entrance. At each entrance, excess fiber optic cable slack of 100 feet in length must be installed.  Outside plant fiber optic cable must be terminated within 50 feet of entering a building or extended using EMT conduit. All outside plant fiber optic cables must be sealed and properly tested at building entrance. Vendors may choose to use fiber cable rated for both inside and outside use. Cable used inside the building must adhere to all building and local codes including requirements established by the County.  County will indicate during site survey where the fiber optic cable needs to be terminated inside each building. Vendor must route fiber optic cable to designated location in compliance with local and state building codes including requirements established by the County or the local entity. Conduits, necessary support materials (e.g. support anchors, hangers, fire stopping, ladders, etc.) must be provided. Vendors not participating in site surveys will not be relieved of this requirement and is therefore encouraged to participate in site surveys.  Fiber optic cable must be terminated using “SC” (APC) connectors. Vendors must control quality for connecting fiber optic cable and utilize best practices to avoid or minimize contamination in fiber terminations.  The loss through each connector shall not exceed 0.3 dB.  All fiber optic cables and connectors must be clearly labeled in accordance with EIA/TIA standards. Labeling convention must be consistent with County’s existing labeling plan and be reviewed with the County.  Hand holes should be placed a minimum of every 1500 feet in urban area and 3000 feet in rural area.  In urban areas within city boundaries and for all reel end splices and lateral splices (urban or rural) hand-holes must have minimum dimension of 30x48x36. Hand hole assembly structure must be of polymer concrete: - Must be designed to resist AASHTO H20 wheel loading & in accordance with ASTM C478 - Provide lock bolt down system - Top of cover be 1/4 or 1/2 inch below finish surface. - Be placed on prepared sub-grade level with 4-inch gravel for uniform

 2/17/2011 26 Carver County RFB for Fiber Optic Network Construction  base slab bearing. - Wall opening for conduit be water stop sealed. - Cover must be engraved indicating “CCOFI”.

 In rural areas vendors may use the following hand hole

- Dimension 24x36x24 - Open base with 2 inch of pea gravel - Load rating of 20K.

2.13 Part A and B - Construction

The successful vendor must:

 Use the route for fiber optic cable installation as shown in Appendix B. Vendor should consult with County Construction Manager in the event of questions prior to cable installation.  Secure right-of-ways and permits for this project and any private easements needed. The County will assist the vendor in obtaining these right-of-ways and permits as needed but the responsibility remains with the vendor. Permits and any easement cost shall be included as part of the response.  Obtain all private entities (e.g. railways) utilities, city, county, and state approvals needed for installation and meet construction requirements for crossing of all sidewalks, streets, railroad crossings and wetlands.  All subcontractors hired must meet the requirements of this construction.  All work must meet local, state, and federal codes including NEC, Rural Electric Code, and NE Safety Code.  Repair and restore to original condition any street, sidewalks, grass area or other public or private area, which might be disturbed during installation.  Register the project with Gopher State One Call. Contact Gopher State One Call to locate other utilities in the area prior to construction.  Locate private underground utilities (including watering system) on County or anchor institution property or request that this be done before any construction activity.  Be responsible until final acceptance, for all locating services (including on county and anchor institution facilities) and respond to Gopher State One calls.  Provide traffic control (signs, lane closures, etc.) as needed and as required by local and state traffic authorities. Vendors shall be responsible for additional required ARRA related postings indicating that the project is an ARRA project.  All construction on County or anchor institution property shall be underground. No aerial attachments to buildings shall be allowed. Entrance into the building  2/17/2011 27 Carver County RFB for Fiber Optic Network Construction  facilities shall be below grade. Entrance shall use steel sleeves and shall extend at a minimum 30” from the entry point.

The vendor shall address the following items as specified:

A. Review documentation on asbestos and lead for each building before initiating any work. B. Take appropriate steps to protect existing materials and systems including floors, walls, and ceilings from damage. The vendor shall remove all water from exterior wall penetration and prevent other water related damage C. Construct temporary fencing and maintain to isolate and protect others from the work area. D. The ignition of motorized self-propelled equipment shall be secured at all times to prevent unauthorized use. Keys shall not be left on the equipment or the vehicle unless the operator is actively using and in full control of that equipment or vehicle. E. Openings in exterior wall system created for the work shall be 100 percent sealed except when work is actively being performed at that opening location. Openings shall not be left unattended without temporary seal to prevent pest access into the building. F. No storage or consumption of food or beverages is allowed inside the building or in the tunnel system. G. Damaged or rutted turf areas shall be reconstructed to County satisfaction. H. For exterior below grade wall penetrations the following core drill requirements shall apply:

- Seal to prevent water infiltration. - No visible light transmission or air movement through the opening area. - Patch openings to fill remaining wall opening, be flush with adjacent wall face and be watertight. Utilize non-shrink grout to fill openings.

I. On County or anchor institution property vendors must route around any area that may have contaminated soil.

2.14 Part A and B - Testing and Documentation

The successful vendor must:

 Provide within 30 days of contract award, a route map showing fiber footages for each of the fiber segments between the ring locations. If Alternates are selected that require construction of laterals, similar route and footage information must be  2/17/2011 28 Carver County RFB for Fiber Optic Network Construction  provided.  Conduct pre-installation check of fiber optic cable - verify correct fiber optic cable distance, manufacturer’s specifications, and check for material defects and document that the fiber optic cable is free from defects. Minimum of dB loss test of fiber optic cable must be performed and results recorded for each fiber optic cable prior to deployment.  Perform distance test, fiber optic cable loss test, event loss test, link loss, return loss, and link-return loss. All attenuation tests must be done at 1310 and 1550 nm.  Perform OTDR tests on all strands of the fiber optic cable and store test results on County approved electronic media and provide electronic and printed report (e.g. pdf files). Additionally, the vendor shall provide the test results in Microsoft Excel format, details of which shall be mutually agreed with the County. All testing must be done through connectors and must be done in both directions. Testing must be done at both 1310 and 1550 nm.  During testing verify that all splicing is done correctly and that there are no splicing errors. Testing using a Power meter may be needed to diagnose errors or readings.  Shield continuity must be tested and verified after cable installation and splicing is complete.  Optical power loss for each individual connector must not be more than 0.3 dB and for each splice point must not be more than 0.05 dB.  Provide As-Built drawings with fiber optic cable locations, distances, and splice points: 3 copies of master on “D” size paper, 3 copies of master on 11”x17” size paper, electronic copy on County approved electronic media using CAD or GIS software tools. Provide paper based and electronic copy of the final splicing diagram.  Drawings shall at a minimum include:

- Identify coordinates and reference distance to other existing permanent landmarks at 100-foot intervals. - Schematic of existing cable routing plan and proposed cable routing plan for each site - Schematic of riser plan inside the buildings - Schematic existing cable routing plan and proposed cable routing plan on schematic plan - Hand hole, splice points, and maintenance loop locations - Penetration details inside the buildings - Cable support details inside the buildings - Below grade building wall penetration details - Identification of location with alignment and distance set points - Use of GPS coordinates to locate items on the drawings

 2/17/2011 29 Carver County RFB for Fiber Optic Network Construction  The County may provide additional details needed on the as-built drawings during construction drawing development phase to the vendor selected for construction. There is an ARRA BTOP requirement to provide to provide mapping data to Connected Nations as part of the project award. The vendor is required to provide data in the appropriate format needed to comply with all mapping requirements associated with the ARRA grant funded fiber project as specified in Section I.

Prior to acceptance, the vendor must have:

 Completed all work in accordance with contract and specifications.  Demonstrated that the system operates in conformance with manufacturer’s published specification.  Pass a successful performance period of 30 consecutive days during which no failure of the fiber optic cable shall occur. The County may deploy electronic equipment (modems, switches, routers) and/or test equipment to transmit signals across the fiber optic cable to verify performance. Failure within this period would re-start the 30 day test period.  All items as identified in Section 1.6.2

A route review will be done to verify that all necessary cleanup activities have been completed. The date of County’s written acceptance will constitute Date of Acceptance.

2.15 Part A and B and C - Material Warranty

The vendor must provide minimum of one-year warranty on materials and labor. In addition, vendors must pass through to the County all of the warranties provided by the manufacturer for materials.

During construction and prior to acceptance, the successful vendor must:

1. Ensure that the fiber optic cable route information is in Gopher State One Call system as segments are constructed. 2. Provide locating (per Gopher State One Call guidelines) and repair services with 4- hour response time and provide a problem reporting facility 24 hours a day, 7 days a week. The cost for such service including Gopher State One Call ticket charges must be included in the response as part of one time construction cost.

2.16 Part A and B - Project Schedule and Implementation

The County would like to start fiber construction in May or June of 2011 and complete it by December 31, 2012. Vendors must include in their response a project plan with a schedule that they believe is reasonable to accomplish the fiber construction within this timeframe and list any assumption used in developing the plan and schedule, including any obligations the County has to  2/17/2011 30 Carver County RFB for Fiber Optic Network Construction  meet. The plan must identify implementation issues and associated risk management measures vendor would propose. A mutually agreed upon final schedule is required to be provided by the vendor within 30 days of contract award.

Special Note: The County requires that laterals to the three 800 MHz towers (Segments L09, L16, and L42) be constructed by November 15, 2011.

2.17 Considerations in Cost Development

When developing cost for the Part A and Part B construction of the Base Ring and the Laterals, vendors are asked to separately identify cost for the following.

1. Labor by segment 2. Materials by segment (except for fiber optic cable and conduit) 3. Staking for the Ring and the Laterals

The separate cost for the above elements are being requested so that the County can appropriately provide expenditure report to the Federal Government staff overseeing the project and explain any changes.

Construction cost for Part A and Part B must be based on actual construction footage and not on the footage for cable and conduit requested in Part D since the material footage includes an allowance for slack.

 2/17/2011 31 Carver County RFB for Fiber Optic Network Construction 

SECTION III – COST AND ADDITIONAL INFORMATION

3.0 Cost Information

Vendors must include the following cost information. For Part A and Part B material and labor cost must be provided separately. List of material proposed for use must be provided. Unit cost for material and labor must be included to facilitate adds and deletes. Vendors must list any assumptions used in the development of the cost information. Please note that the County is not tax exempt. For fiber construction, only material cost is taxable.

For Part A, Part B, and Part D the County is requesting labor costs with and without meeting the Davis Bacon wages requirement. The vendor shall be responsible for any cost overrun if it is determined after contract award that the vendor was non-compliant with the Davis-Bacon Act and is required to increase payment to labor used in the project.

3.1 Provision of Cost Information

The County is requesting that vendors provide printed copy of the cost as well as provide a copy of the cost in Microsoft Excel spreadsheet format in an electronic media. In the event of a conflict in the information between the printed data and electronic data, the County will use the printed data provided with the response. Vendors are urged to verify that the data between the printed form and the electronic form is consistent.

3.2 Summary Cost (Summary Cost Table)

Use Summary Cost Table to provide summary cost as requested for Part A, B, C and D.

3.3 Part A - Base Ring Cost (Table A)

Please provide one-time costs for constructing the Base Ring and the segments connecting the 15 hub locations on the ring, including termination as specified in the RFB. Material cost (except fiber optic cable and conduit) and detailed listing should be included. Vendors must also include unit cost for items identified in the material cost detail.

3.4 Part B - Lateral Cost (Table B)

Please provide one-time costs for constructing the Laterals. Cost must be provided by individual segments. If a segment cost is dependent on another segment being built, please list all segments that the segment under consideration is dependent on. Material cost (except for fiber optic cable and conduit) and detailed listing should be included. Vendors must also include unit cost for items identified in the material cost detail.  2/17/2011 32 Carver County RFB for Fiber Optic Network Construction 

3.5 Part C – Fiber Optic Cable and Conduit Cost (Table C)

Please provide fiber optic cable cost for the different size for both the Base Ring and the Laterals as well as cost for the conduit. Any additional cost (delivery, insurance, etc.) should be listed separately.

3.6 Part D – Splicing Cost (Table D)

Provide splicing cost for the Base Ring as well as Laterals as requested.

1.3 Other Costs (Table E)

For costs provided in Table A and Table B please identify cost for the following tasks.

1. Staking

Include the unit cost for items listed in Table E to facilitate adds and deletes.

3.8 Warranty, Sub-Contractor Relations

To be considered, RFB responses must include the following:

A. Description of the warranty or any service level guarantees provided. A minimum of 1-year warranty on materials and labor must be included. B. Manufacturer and subcontractor relationship (if used). Subcontractors must be bound by the same terms and conditions as the prime vendor.

3.9 Client References

Vendors (or sub-contractors) must provide a minimum of two client references. Reference information must be provided as requested in Attachment D.

The County will make all attempts to contact the references provided. The County’s inability to contact provided references after a number of attempts will be considered a no reference.

3.10 Additional Information

Vendors must include cut sheet information for materials being proposed.

 2/17/2011 33 Carver County RFB for Fiber Optic Network Construction 

Appendices

Please note that all appendices and cost tables are provided separately as a Microsoft Excel spreadsheet workbook.

Appendix A - List of site names and addresses

Appendix B - List of segments for Base Ring and Laterals

Cost Tables

Summary Cost Table – Summarizes key cost from detail cost tables. Table A - Part A - Base Ring Construction Cost Table B - Part B – Lateral Construction Cost Table C - Part C – Fiber Optic Cable and Conduit Cost Table D - Part D – Splicing Cost Table E - Other Cost

 2/17/2011 34 Carver County RFB for Fiber Optic Network Construction 

ATTACHMENT A – AFFIDAVIT OF NON-COLLUSION FORM

CARVER COUNTY FIBER OPTIC NETWORK CONSTRUCTION

I hereby swear (or affirm) under the penalty of perjury:

1. That I am the responder (if responder is an individual), partner in the responder (if the responder is a partnership), or an officer or employee of the responding corporation having authority to sign on its behalf (if the responder is a corporation); 2. That the attached response or responses have been arrived at by the responder independently, and have been submitted without collusion with, and without any agreement, understanding, or planned common source of action with, any other vendor of materials, supplies, equipment, or services described in the invitation to response designed to limit independent responding or competition; 3. That the contents of the response or responses have not been communicated by the responder or its employees or agents to any person not an employee or agent of the responder of its surety on any bond furnished with the response or responses, and will not be communicated to any such person prior to the official opening of the response or responses; and 4. That I have fully informed myself regarding the accuracy of the statements made in this affidavit:

SUBMITTED BY: Firm Name ______Signature ______Title ______Address ______Phone No; ______Date ______

Subscribed and Sworn to before me This______day of______2011 Notary Public______Commission Expires______

 2/17/2011 35 Carver County RFB for Fiber Optic Network Construction 

ATTACHMENT B – STATEMENT OF AFFIRMATIVE ACTION FOR EQUAL OPPORTUNITY EMPLOYMENT

CARVER COUNTY FIBER OPTIC NETWORK CONSTRUCTION

Being a duly authorized agent of the firm, I do hereby certify that ______is actively participating in an affirmative action program. No person, on the basis of race, color, creed, religion, national origin, sex, age, marital status, or status with regard to public assistance, is excluded from full employment rights or otherwise subjected to discrimination under any program, service, or activity under the provisions of any and all applicable Federal and State laws against discrimination, including Civil Rights Act of 1964 and Minnesota Statute 363.

It is also agreed that, upon request, Carver County will be furnished all necessary information and reports to support compliance with such laws.

Signed______

Typed Name______

Firm______

Address______

City, State, Zip______

Subscribed and sworn to before me

This______day of______2011

______

My commission expires______

 2/17/2011 36 Carver County RFB for Fiber Optic Network Construction 

ATTACHMENT C – ACCEPTANCE FORM

CARVER COUNTY FIBER OPTIC NETWORK CONSTRUCTION

I, the undersigned, hereby certify that I am a duly authorized agent of ______to submit this bid for consideration and acknowledge that all of the pages of the response document for RFB for Fiber Optic Network and Service have been received and agree to terms contained therein.

Receipt of the following Addenda/Amendments to the RFB Documents and their costs being incorporated in the bid is acknowledged.

Document No.______Received ______(date)

Document No.______Received ______(date)

Document No.______Received ______(date)

SIGNED: ______

NAME: ______(print or type name)

VENDOR NAME: ______

ADDRESS: ______

PHONE NO: ______FAX NO: ______

INCORPORATED IN THE STATE OF:______

 2/17/2011 37 Carver County RFB for Fiber Optic Network Construction 

ATTACHMENT D – REFERENCES

CARVER COUNTY FIBER OPTIC NETWORK CONSTRUCTION

Proposer shall submit as a part of the proposal package, minimum two (2) references with name of the business, address, contact person, and telephone number, that has utilized the services being proposed to the County:

Name: Provide a brief description of the project: Address: Contact: Telephone No.: ( ) Email:

Name: Provide a brief description of the project: Address: Contact: Telephone No.: ( ) Email:

Name: Provide a brief description of the project: Address: Contact: Telephone No.: ( ) Email:

Feel free to provide additional references.

 2/17/2011 38

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