HomeMy WebLinkAboutAgenda - 09-04-2018 6-a - Approval of Contract with Open Broadband, LLC for Broadband Infrastructure Development for Unserved AreasORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 4, 2018
Action Agenda
Item No. 6 -a
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SUBJECT: Approval of Contract with Open Broadband, LLC for Broadband Infrastructure
Development for Unserved Areas
DEPARTMENT: Information Technologies
ATTACHMENT(S):
1. Contract
2. Service Area Map
3. Mutually Agreed Test Sites
4. Town of Hillsborough Letter of
Intent — Broadband Antennas
INFORMATION CONTACT:
Jim Northrup, Chief Information Officer,
919- 245 -2276
PURPOSE: To consider approving a contract with Open Broadband, LLC to develop the next
generation broadband infrastructure needed to meet the needs of unserved and underserved
Orange County residents and incorporate broadband solutions and business models that are
innovative, scalable and serve today's needs, thereby providing maximum benefit to Orange
County residents.
BACKGROUND: In Fiscal Year 2017 -18, funds were budgeted to create a scalable broadband
solution to foster innovation, drive job creation, stimulate economic growth, and serve new areas
of development in the community and also to provide a flexible menu of retail services that
offers new or enhanced service. Current estimates indicate that there are approximately 4,937
residential address points in underserved areas. The Service Area Map provided at Attachment
2 depict these points,
• There are 2,342 residential address points in the underserved Service Areas 1, 2, and 3.
• There are 331 residential address points in Service Area 10
Orange County issued a Request for Proposals (RFP) to develop the next generation
broadband infrastructure needed to meet the needs of these unserved and underserved
residents. Multiple vendors submitted initial proposals covering some of the service areas.
Three of the four proposals suggested pilot projects to prove that an economically sustainable
business model would result.
The pilot projects outlined in the attached agreement will have a 36 month duration at which
time the projects will be re- evaluated for economic viability, with no obligation for continued
County support beyond what is stated in the contract.
This initiative is part of a multi -track effort to enhance broadband and internet service technology
to Orange County residents. Pending the results from these pilot efforts, similar partnerships
and investment are planned to expand service to other areas of the County, and staff will
continue to pursue all opportunities to expand these services to County residents.
FINANCIAL IMPACT: The purpose of the attached agreement is to better understand the
financial viability for a business to offer broadband services to the aforementioned service
areas. The proposal has investments by Open Broadband, LLC, and Orange County. The
result is that the County will incentivize Open Broadband to make capital investments in Orange
County in order for them to sustain service offerings for at least 36 months.
The total Pilot Program Funding amount is $500,000, broken down as follows:
• Pilot Program 1 consists of Service Areas 1, 2, and 3 as shown on the Service Area Map
with a cost of $385,280.
• Pilot Program 2 consists of Service Area 10 as shown on the Service Area Map with a
cost of $114,720 in order to remain within the overall budget.
It should be noted that the County is only granting funds for this public - private partnership and
will not own any equipment or be providing any services. Equipment and services will be wholly
owned and offered by Open Broadband, LLC and not by Orange County.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable
to this item:
• GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND
INEQUITY
The fair treatment and meaningful involvement of all people regardless of race or color;
religious or philosophical beliefs; sex, gender or sexual orientation; national origin or
ethnic background; age; military service; disability; and familial, residential or economic
status.
• GOAL: ENSURE ECONOMIC SELF - SUFFICIENCY
The creation and preservation of infrastructure, policies, programs and funding necessary
for residents to provide shelter, food, clothing and medical care for themselves and their
dependents.
• GOAL: ENABLE FULL CIVIC PARTICIPATION
Ensure that Orange County residents are able to engage government through voting and
volunteering by eliminating disparities in participation and barriers to participation.
Orange County has a goal to promote an interactive and engaging system of governance that
reflects community values by OUTREACH /INTERNET ACCESS by expanding internet access
through County hotspots or incentives to private parties.
The proposal before the Board hopes to make available affordable access for rural Orange
County residents to broadband and internet technology, augment existing and create new rural
economic development, increase residents' information technology skills, and foment the
creation and consumption of relevant web -based content and services where there was none
before; i.e., address digital inclusion and digital divide issues in Orange County.
RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the
Manager to sign the attached contract.
[Departmental Use Only]
TITLE
FY
NORTH CAROLINA
BROADBAND AGREEMENT
ORANGE COUNTY
K
THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 5th day of
September, 2018, by and between Open Broadband, LLC, (hereinafter called the "Contractor "), and Orange
County, a political subdivision of the State of North Carolina, (hereinafter called the "County," "Orange
County," or "Owner ").
WITNESSETH:
That the Contractor and the Owner, for the consideration herein named, agree as follows:
1. CONTRACT DOCUMENTS; PRIORITY
The Contract Documents consist of this Agreement, the Orange County Request for Proposals (RFP)
#5251 — Broadband Service to Unserved Areas, the Open Broadband RFP Response for Orange County NC
Broadband Service dated of June 13, 2018. The Contract Documents form the Contract. In the event of any
inconsistency between or among the Contract Documents the Contract Documents shall be interpreted in the
following order of priority:
a. This Agreement
b. Orange County Broadband Request for Proposals and addenda thereto.
The Service Area Map (Attachment A) and its associated electronic data including GIS address
points in KMZ format (incorporated by reference), hereinafter collectively called "Service
Area Map."
d. Mutually Agreed Test Sites (Attachment B)
e. Contractor Proposals.
2. SCOPE OF WORK
The Contractor shall furnish and deliver all of the materials, and perform, and be fully responsible
for all of the Work required by this Agreement within the time period stipulated in a written Notice -to- Proceed
to be executed by the Contractor and Owner and in accordance with the following enumerated documents,
which are made a part hereof as if fully contained herein:
a. Open Broadband, LLC proposal "RFP #5251 Response for Orange County, NC" dated
June 13, 2018 which fully describes the work to be performed, such work (hereinafter called
the "Work ").
(i) "Pilot Program 1" consists of Service Areas 1, 2, and 3 as shown on the Service Area
Map and is associated with Funds request of $385,280.
(ii) "Pilot Program 2" consists of Service Area 10 as shown on the Service Area Map and
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is associated with Funds request of $114,720. Pilot Program 2 shall be initiated at the
Owner's option and in its sole discretion.
b. Related documents listed under Section 1 above.
TERM AND SCHEDULING
a. The Contractor agrees to commence work pursuant to the written Notice -to- Proceed. There
shall be a separate Notice -to- Proceeds for Pilot Program 1 and Pilot Program 2.
b. The Contractor agrees to complete substantially all Work included within 12 months of Notice -
to- Proceed.
Time is of the essence with respect to all dates specified in the Contract Documents as
Completion Dates.
d. The Contractor shall perform the Work in the time, manner and form required by the Contract
Documents and as stipulated in a written Notice -to- Proceed to be executed by the Contractor
and Owner.
STANDARD OF CARE AND DUTIES OF CONTRACTOR
a. The Contractor shall exercise reasonable care and diligence in performing the Work in
accordance with the generally accepted standards of this type of Contractor practice throughout
the United States and in accordance with applicable federal, state and local laws and
regulations applicable to the performance of these services. Contractor is solely responsible
for the professional quality, accuracy and timely completion and/or submission of all work.
b. The Contractor shall not load or permit any part of the Work to be loaded with a weight that
will endanger its safety, intended performance or configuration.
c. Contractor shall be responsible for all Contractor, Subcontractor, and Sub - subcontractor errors
or omissions, in the performance of the Agreement together with the errors and omissions of
any agent or employee of the Contractor or any Subcontractor or Sub - subcontractor.
Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or
conflicts at no additional cost to the Owner.
d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor
engaged by the Contractor in the performance of any work or services required of the
Contractor under this Agreement, shall be considered employees or agents of the Contractor
only and not of the Owner, and any and all claims that may or might arise under any workers
compensation or other law or contract on behalf of said employees while so engaged shall be
the sole obligation and responsibility of the Contractor.
Contractor shall at all times remain in compliance with all applicable local, state, and federal
laws, rules, and regulations including but not limited to all state and federal - discrimination
laws, policies, rules, and regulations and the Orange County Non - Discrimination Policy and
Orange County Living Wage Policy (each policy is incorporated herein by reference and may
be viewed at http: / /www.oran eg countync. og v /departments/ purchasing_ division /contracts.php).
Any violation of the Orange County Non - Discrimination Policy is a breach of this Agreement
and County may immediately terminate this Agreement without further obligation on the part
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of the County. This paragraph is not intended to limit and does not limit the definition of
breach to discrimination.
f. If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Contractor represents that it and/or its employees, agents
and subcontractors engaged in such activities possess such licenses, certifications, or
credentials and that such licenses certifications, or credentials are current, active, and not in a
state of suspension or revocation.
g. The Contractor shall supervise and direct the Work efficiently and with the Contractor's best
skill and attention. Except as specifically set forth in the Contract Documents the Contractor
shall be solely responsible for the means, methods, techniques, sequences and procedures of
construction, and for safety precautions and programs in connection with the Work. The
Contractor shall be responsible to see that the finished Work complies accurately with the
Contract Documents.
h. The Contractor shall appoint a competent Area Manager with general authority to manage the
Project for the Contractor. Owner shall have the option to be part of the interviewing and
decision - making process in selecting the Area Manager who shall not be replaced without prior
written approval by the Owner.
If, in the opinion of the Owner, the Contractor's Area Manager, and or any Subcontractor on
the Project is incompetent or otherwise unsatisfactory, Owner shall inform, in writing, the
Contractor's contact person listed in Section 7 of this agreement. Contractor has 10 business
days from the date of written complaint to remove the person from the project or to resolve the
matter in another manner to the satisfaction of the Owner. Any change in Area Manager or
Subcontractor shall be made by the Contractor with no increase in the Contract Price if and
when directed by the Owner.
j. The Contractor shall attend all progress conferences and all other meetings or conferences
either in- person or via conference call. The Contractor shall be represented at these progress
conferences by the Area Manager and by such other representatives as the Owner may direct.
5. PAYMENT & TAXES
a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this
Agreement, and the Contractor hereby agrees to perform all of the Work for a total sum not -to-
exceed Five Hundred Thousand Dollars ($500,000) and if only Pilot Program 1 is elected by
Owner than a sum not to exceed Three Hundred Eighty Five Thousand Two Hundred Eighty
Dollars ($385,280):
The Broadband Project as described in the RFP response of June 13, 2018 consist of
broadband coverage in four areas of the county:
• Service Area 1 — Northwestern Orange County (see Service Area Map)
• Service Area 2 — Northeastern Orange County (see Service Area Map)
• Service Area 3 — Central Orange County (see Service Area Map)
• Service Area 10 — Southern Bingham Township in Southwestern Orange County (see
Service Area Map)
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Payment to cover these areas is not to exceed five hundred thousand Dollars ($500,000).
Orange County understands that much of the cost of the network build is incurred early in the
project lifecycle, and timing of the funding request are in coordination with the expenses.
Payments shall be as follows:
Upon award of contract:
Pilot Program 1 (Areas 1, 2, and 3)
• Upon successful completion of the network core and obtaining
Performance Measure 9a, including fiber turn -up, equipment
installation on towers, and activation of the 11 GHz links
• Upon successful completion of Performance Measures 9b and
9c demonstrating coverage area and speed conformance
Pilot Program 2 (Area 10)
• Upon successful completion of the network core and obtaining
Performance Measure 9a, including fiber turn -up, equipment
installation on tower, and activation of 11 GHz link
• Upon successful completion of Performance Measures 9b and
9c demonstrating coverage area and speed conformance
Upon meeting all contract performance measures in all areas
(to be prorated if Owner does not elect to proceed with Pilot Program 2)
Total:
$210,000
$ 45,000
$ 50,000
$ 45,000
$ 50,000
$100,000
$500,000
Project payments will be based on Orange County's satisfaction that Open Broadband is
meeting the Performance Measures and is satisfied with the Monthly Reporting as described
below. These project payments will be used for direct and indirect costs during the year as
customer deployments progress. Examples of direct costs include the equipment, leases of
fiber, leases of towers, expenses associated with tower and equipment installation. salary and
benefits of employees, travel, and contracted services directly related to the contract activities.
Indirect costs are expenses incurred that are necessary for general company activities,
including payroll, financial reporting, human resources, administration, and IT support which
are associated with the project.
(i) The Request for Payment shall be in form of a standardized invoice or AIA Document
G702 -703 appropriately addressed to Owner's Representative.
(ii) Final payment shall not be due to the Contractor until at least six (6) months after
Notice -to- proceed, all terms have been satisfactorily completed according to the
Performance Measures listed in this Agreement, and an appropriate Affidavit,
Indemnification, and Release as required in Section 8(d) below has been received by
Owner.
(iii) Failure to Comply to this Agreement. In the event Owner determines that the
Contractor has failed to comply with the terms of this Agreement, Contractor, upon
receipt of written notice from Owner of said Default, shall immediately return all
unexpended funds as of the date of the Default, to Owner and Owner may, among
other legal remedies available, terminate this Agreement.
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b. Should Owner reasonably determine that Contractor has failed to perform the Work related to
a Request for Payment, or fail to meet acceptable Performance Measures, Owner, at its
discretion may withhold the final payment without penalty until such time as Contractor cures
the breach.
(i) Should Contractor or its representatives fail to cure the breach within ninety (90)
business days, or fail to reasonably agree to such modified schedule, Owner may
immediately terminate this Agreement in writing, without penalty or incurring further
obligation to Contractor.
(ii) This section shall not be interpreted to limit the definition of breach to the failure to
perform the Work related to a Request for Payment.
c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any
authority on the Work or the labor and materials used therein. It shall be the Contractor's
responsibility to furnish the Owner documentary evidence showing the materials used and
sales and use tax paid by the Contractor and each of its subcontractors.
d. Should the Owner receive notice that the Contractor has failed to pay a Subcontractor for the
Work performed related to a Request for Payment, Owner shall have the authority to withhold
payment of the disputed amount until parties resolve their dispute. Failure to pay the
Contractor pursuant to this section of the Agreement shall not be deemed to be a breach of the
Agreement.
6. NON — APPROPRIATION
a. Contractor acknowledges that Owner is a governmental entity, and the validity of this
Agreement is based upon the availability of public funding under the authority of its statutory
mandate.
b. In the event that public funds are unavailable and not appropriated for the performance of
Owner's obligations under this Agreement, then this Agreement shall automatically expire
without penalty to Owner immediately upon written notice to Contractor of the unavailability
and non - appropriation of public funds. It is expressly agreed that Owner shall not activate this
non - appropriation provision for its convenience or to circumvent the requirements of this
Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis.
c. In the event of a change in the Owner's statutory authority, mandate and/or mandated
functions, by state and /or federal legislative or regulatory action, which adversely affects
Owner's authority to continue its obligations under this Agreement, then this Agreement shall
automatically terminate without penalty to Owner upon written notice to Contractor of such
limitation or change in Owner's legal authority.
7. NOTICES
Any notice required by this Agreement shall be in writing and delivered by certified or registered mail,
return receipt requested to the following:
Owner: Contractor:
Orange County Open Broadband, LLC
Attn: Alan Fitzpatrick
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P.O. Box 8181 PO Box 723
Hillsborough, NC 27278 Waxhaw, NC 28173
8. USE OF FUNDS
a. Contractor will use funds solely for the purposes described in the Scope of Work. Funds
may not be transferred, either partially or completely, to any other entity or person. Any
earnings derived from the broadband network shall be used by Contractor to support the
purposes of fulfilling the Scope of Work.
b. Budizet. Contractor has provided the Owner with a budget for the Scope of Work as
described in the REP responses. Owner payments are restricted to fund only the
Scope of Work defined in this Agreement.
(i) The initial funds paid upon award of contract will be used for network build.
c. Construction Period. The construction period shall be for a term of 36 month(s). Initial
network build, including first customer activations, will be complete within 6 months of
Notice -to- Proceed. Contractor shall continue to expand the broadband network to cover
the identified areas and activate customers through the end of the Construction Period.
9. PERFORMANCE MEASURES
a. Network Build: Contractor will invite Owner to tower installation days to personally view the
work taking place. Pictures of antenna and equipment installation will also be taken and
provided via the monthly reports. Bandwidth test will be run on network links, inclusive of the
fiber and tower -to -tower wireless links, and provided to county as evidence of network build.
The first customer will have active service within 6 months of award of contract.
b. Coverage Area: Contractor will build a broadband network to reach at least ninety percent of
the addresses within both the 2 -mile and 5 -mile radii for each service area as shown on the
Service Area Map. Contractor has the burden of demonstrating to Owner's reasonable
satisfaction broadband connectivity within the coverage areas consistent with minimum speeds
and other applicable terms. There shall be a rebuttable presumption based on coverage
resulting from the Mutually Agreed Test Sites (Attachment B) for each Pilot Program Area 1
and 2. For the sake of clarification, this means Contractor must demonstrate broadband
connectivity for 45 of 50 addresses list for Pilot Program Area 1 and 18 of 20 addresses listed
for Pilot Program Area 2 as described in Attachment B.
Minimum broadband speeds offered: Contractor will build a broadband network to meet a
minimum of 25Mb download and 3 Mb upload speed to customers. Measurement will be made
via online speedtest results as measured by using one of the following online test sites:
https: / /www.ncspeedtest.com/
http: / /www.speedtest.net/ and selecting a test server in North Carolina
Open Broadband will maintain as -built documentation, demonstrating connectivity speeds for
every customer activation, of which at least 90% of the tests will meet the 25Mb download, 3
Mb upload criteria. A monthly report will be provided to Orange County that shows customer
addresses and the speeds at time of activation as tested to the port of the router within the
home. The county may also obtain on- demand reports with no more than a 48 business hour
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turn- around.
10. PROJECT REPORTING
A. Record Keeping. Contractor shall maintain financial and other records that specifically
show the use of the Funds exclusively for the purposes of the Scope of Work. Contractor
shall maintain such records for at least three (3) years after the end of the Agreement. Owner
shall have the right, upon reasonable notice, to conduct on -site visits and to audit at any time
up to three (3) years after the end of the Funds Period, Contractor's records relating to the
expenditure of the Funds.
B. Written Reports. The Contractor shall submit written reports (described below) relating to
the expenditure of the Funds and the progress of the Funds purposes. Contractor shall submit to
Owner in writing the following reports:
(i) Monthly Reports. On or before the 15th of each month, Contractor shall submit a
use -of -funds report for the previous month, compliance with the terms of this
Agreement, and the progress made toward achieving the purposes of the Scope of
Work including status of the network build and activation of customers by address.
(ii) Final Report. Contractor shall submit to Owner a final report detailing the use of
the Funds and describing the progress made toward the purposes of the Scope of
Work within thirty (30) days after the expiration of the term of the Funds.
(iii) Call Center Reports: Open Broadband will distribute monthly reports on calls from
Orange County customers into the call center. At the county's discretion, specific
trouble ticket information will be provided to show the details of each call, the reason
for the call, and the resolution. The county may also obtain reports with no more than a
48 business hour turn- around.
(iv) Other Reports. In addition to the above reports, the Contractor shall comply with
the reasonable requests of Owner for other reports. Contractor shall also make its
personnel available at the reasonable request of Owner to discuss expenditures,
records and the progress of the Funds Project.
11. OWNER CONTRIBUTIONS
a. As described in Orange County Request for Proposals (RFP) #5251 — Broadband Service to
Unserved Areas, Section 3.1 Access to Assets, Contractor and Owner agree that all of the
items listed and owned by the County will be included at no cost during the 36 months of this
agreement.
b. Owner understands that any cost associated with Access to Assets would be an unplanned
financial burden to Contractor, and that the Contractor's bid was based on Section 3.1 of the
RFP and assumed the assets owned by Orange County would be available free of charge
during the 36 -month term of construction.
Owner agrees to pay any required surveys, record keeping, engineering reports, water company
management requirements, or any other fees if imposed by owners and/or managers of the
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assets owned by the County during the term of this Agreement.
d. Owner understands that additional poles and/or towers may be needed to provide improved
broadband coverage. Owner agrees to facilitate use of County Assets, including land, as
described above to allow Contractor to build such vertical assets and to be granted an easement
to access the asset.
Upon expiration of the term, Contractor agrees to enter into mutually agreeable lease rates for
all County assets in use. Both parties understand the intended objective is to provide affordable
broadband service to the unserved and underserved communities in the County, and agree to
negotiate rates that result in a sustainable venture for the contractor to continue providing
service to the community.
12. MISCELLANEOUS
a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties
and Obligations imposed by state, federal or local law, rules, regulations and ordinances.
b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or
duty funded them under the Contract Documents, nor shall any act or failure to act constitute
any approval except as specifically agreed in writing.
The Work shall be tested and inspected as required by the Contract Documents and as required
by law. Unless prohibited by law the costs of all such tests and inspections related to state and
federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building
Codes shall be borne by the Contractor. The costs for material and structural testing, including
any desired tower structural analysis, shall be conducted by an independent third party at the
expense of the Owner. Delays related to any of the aforementioned tests and inspections shall
not be grounds for delaying the completion of the work. If any such tests and inspections
reveal deficiencies in the Work such that the Work does not comply with terms or
requirements of the Contract Documents and/or the requirements of any code or law the
Contractor is solely responsible for the cost of bringing such deficiencies into compliance with
the terms of the Contract Documents and/or any code or law.
d. Should the Owner reject any portion of the Work for failing to comply with the Contract
Documents Contractor shall immediately, at Contractor's expense, correct the Work. Any
such rejection may be made before or after substantial completion.
e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its
entirety without the prior written consent of the Owner.
f. Faster speeds: To the extent possible, Contractor will offer faster speeds to qualifying locations
that can be technically served. Gigabit (1000Mb) service will be available where technically
feasible by fixed- wireless technology from the identified tower locations in the Scope of Work.
g. Service Pricing: Contractor will advertise on their website and offer broadband service pricing
at the rates quoted in the RFP responses until at least three (3) months after the date of the first
customer activation. Contractor further agrees that rates will not increase by more than
$10 /month in aggregate for any of the service levels until at least January 1, 2022.
h. Installation Fee: Contractor's standard approach is not to charge an installation fee. However
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there may be difficult cases where additional costs are incurred in order to serve the customer.
The first solution offered to the customer will be a term commitment so Contractor is assured
of payment over a defined time - period. A second solution is to charge the customer a special
construction charge. Contractor agrees to build out the network to ensure fewer than 3% of
end -users are in this situation. Contractor will identify end -users in this situation on the
monthly reports.
i. Preferential Pricing for Business Partners: Contractor will offer service to any Owner
designated Partner at a rate 10% below the lowest cost competitive bid.
13. CONSEQUENTIAL DAMAGES
a. Owner and Contractor mutually waive any claim against each other for consequential damages.
Consequential Damages include:
(i) Damages incurred by Owner for loss of use, income, financing, or business.
(ii) Damages incurred by Contractor for office expenses, including personnel, loss of
financing, profit, income, business, damage to reputation, or any other non - direct
damages.
14. INSURANCE
During the term of this Agreement Contractor will maintain the following insurance levels:
Workers' Compensation Insurance, with limits for Coverage A Statutory - State of North Carolina and
Coverage B Employers Liability $500,000 bodily injury, $500,000 bodily injury by disease, and
$500,000 by disease policy limit.
Commercial general liability of not less than $2,000,000 General Aggregate Limit (Other than
Products - Completed Operations), $2,000,000 Products - Completed Operations Aggregate Limit,
$1,000,000 Personal and Advertising Injury Limit, $1,000,000 Each Occurrence Limit, and $100,000
Fire Damage Limit, and shall not contain an exclusion for contractual liability.
For automobile liability the limits shall not be less than $1,000,000 each person, $1,000,000 each
occurrence of bodily injury liability, and $1,000,000 each occurrence of property damage liability,
policies with a single combined limit must be not less than $2,000,000 or $1,000,000 with an umbrella
policy of $1,000,000 per occurrence.
Professional liability insurance shall not be less than $1,000,000 per occurrence and shall hold Orange
County, its departments, agents, employees or assigns harmless from any claim, including claims for
attorneys' fees or other legal expenses, which may arise as a result of the sole negligence or
malpractice of an employee of the contractor in providing services.
15. ENTIRE AGREEMENT
All of the documents listed, referenced or described in this Agreement, the written Notice -to- Proceed,
together with Modifications made or issued in accordance herewith are the Contract Documents, and the work,
labor, materials, and completed construction required by the Contract Documents and all parts thereof is the
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Work. The Contract Documents constitute the entire agreement between Owner and Contractor. This
Agreement may be amended only by written instrument signed by both parties. Modifications may be
evidenced by facsimile signatures. If any provision of the Agreement or General Conditions shall be declared
invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date
first above written in a number of counterparts, each of which shall, without proof or accounting for other
counterparts, be deemed an original contract.
ORANGE COUNTY:
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CONTRACTOR:
By:
Mark Dorosin, Chair Alan Fitzpatrick - CEO
Orange County Board of Commissioners Printed Name and Title
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Site 10
4,937 Address Points (Unserved and Underserved Areas)
Q Proposed Wireless Service Areas
• Test Sites
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Service Area
Address Count
Site 1, 2 and 3
2,342
Site 10
331
Total Residential
Address Points
2,673
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Attachment B - Mutually Agreed Test Sites (also denoted on Service Area Map)
Begin Pilot Program Area 1 (sites 1, 2, 3)
Add—St
MailingCity
State
ZipCode
2839 DIMMOCKS MILL RD
HILLSBOROUGH
NC
27278
- Hillsborough
4736 PENDER DR
EFLAND
NC
27243
- Efland
927 DUMONT DR
HILLSBOROUGH
NC
27278
- Hillsborough
9610 WALNUT GROVE CHURCH RD
HURDLE MILLS
NC
27541
- Hurdle Mills
7638 NICHOLS DR
ROUGEMONT
NC
27572
- Rougemont
3719 JORDAN OAKS DR
EFLAND
NC
27243
- Efland
4617 FORK DR
ROUGEMONT
NC
27572
- Rougemont
6315 OAKLEY RD
CEDAR GROVE
NC
27231
- Cedar Grove
4715 WHITE OAK LN
HILLSBOROUGH
NC
27278
- Hillsborough
2223 PEARSON RD
HURDLE MILLS
NC
27541
- Hurdle Mills
5018 GOVERNOR MARTIN ST
EFLAND
NC
27243
- Efland
7709 ALLISON RD
CEDAR GROVE
NC
27231
- Cedar Grove
1210 KINDFUL ACRES RD
HURDLE MILLS
NC
27541
- Hurdle Mills
2931 FRANKLIN RD
HILLSBOROUGH
NC
27278
- Hillsborough
8610 WILKERSON RD
CEDAR GROVE
NC
27231
- Cedar Grove
2914 BREEZE RD
HURDLE MILLS
NC
27541
- Hurdle Mills
9407 WADES DEAD END
CEDAR GROVE
NC
27231
- Cedar Grove
4518 GOVERNOR HUNT ST
EFLAND
NC
27243
- Efland
2819 LEBANON RD
EFLAND
NC
27243
- Efland
5911 JAMESON RD
ROUGEMONT
NC
27572
- Rougemont
3622 ACORN DR
HILLSBOROUGH
NC
27278
- Hillsborough
8701 NC 157
ROUGEMONT
NC
27572
- Rougemont
1400 HENSLEY RD
CEDAR GROVE
NC
27231
- Cedar Grove
3912 SCHLEY RD
HILLSBOROUGH
NC
27278
- Hillsborough
5100 WEST TEN RD
EFLAND
NC
27243
- Efland
1611 HAWKINS RD
HURDLE MILLS
NC
27541
- Hurdle Mills
5814 NEW SHARON CHURCH RD
ROUGEMONT
NC
27572
- Rougemont
5004 MILL CREEK RD
CEDAR GROVE
NC
27231
- Cedar Grove
2230 HURDLE MILLS RD
CEDAR GROVE
NC
27231
- Cedar Grove
517 BIRDSONG LN
HURDLE MILLS
NC
27541
- Hurdle Mills
6218 KIMS DR
HURDLE MILLS
NC
27541
- Hurdle Mills
4343 BREEZE RD
ROUGEMONT
NC
27572
- Rougemont
2223 CLARK FARM RD
EFLAND
NC
27243
- Efland
5400 BUCK QUARTER RD
HILLSBOROUGH
NC
27278
- Hillsborough
4230 CARR STORE RD
CEDAR GROVE
NC
27231
- Cedar Grove
3114 HIGHLAND FARM RD
HILLSBOROUGH
NC
27278
- Hillsborough
1511 SCHLEY RD
HURDLE MILLS
NC
27541
- Hurdle Mills
1920 ORANGE CROSSROADS CHURCH RD
HILLSBOROUGH
NC
27278
- Hillsborough
2439 WOODS LOOP
HURDLE MILLS
NC
27541
- Hurdle Mills
3020 NC 57
HILLSBOROUGH
NC
27278
- Hillsborough
1040 JAYAGURU LN
EFLAND
NC
27243
- Efland
1016 HURDLE MILLS RD
CEDAR GROVE
NC
27231
- Cedar Grove
3816 PLANTERS TRL
HILLSBOROUGH
NC
27278
- Hillsborough
330 STIREWALDEN TRL
HILLSBOROUGH
NC
27278
- Hillsborough
15
1602 WENDY LN
EFLAND
NC
27243
- Efland
138 TUMBLING BROOK LN
HILLSBOROUGH
NC
27278
- Hillsborough
307 WINDING RIVER RD
HILLSBOROUGH
NC
27278
- Hillsborough
7121 COMPTON RD
CEDAR GROVE
NC
27231
- Cedar Grove
301 SPLIT RAIL LN
HILLSBOROUGH
NC
27278
- Hillsborough
3800 CARRINGTON LN
EFLAND
NC
27243
- Efland
End Pilot Program Area 1 (sites 1, 2, 3)
Begin Pilot Program Area 2 (site 10)
Add—St
MailingCity
State
ZipCode
8501 MEADOW RIDGE LN
CHAPEL HILL
NC
27516
- Chapel Hill
7500 APPLE MILL RD
MEBANE
NC
27302
- Mebane
7223 ORANGE GROVE RD
HILLSBOROUGH
NC
27278
- Hillsborough
5022 TEER RD
CHAPEL HILL
NC
27516
- Chapel Hill
4800 NC 54 W
CHAPEL HILL
NC
27516
- Chapel Hill
8220 MORROW MILL RD
CHAPEL HILL
NC
27516
- Chapel Hill
3425 LABRADOR LN
CHAPEL HILL
NC
27516
- Chapel Hill
917 COLLINS MOUNTAIN RD
CHAPEL HILL
NC
27516
- Chapel Hill
804 WHITE CROSS RD
CHAPEL HILL
NC
27516
- Chapel Hill
3129 GAIT WAY
CHAPEL HILL
NC
27516
- Chapel Hill
6538 MT MITCHELL RD
EFLAND
NC
27243
- Efland
3901 JONES FERRY RD
CHAPEL HILL
NC
27516
- Chapel Hill
7730 SHOCCOREE RIDGE DR
CHAPEL HILL
NC
27516
- Chapel Hill
1014 CANE VALLEY LN
CHAPEL HILL
NC
27516
- Chapel Hill
2723 ORANGE CHAPEL CLOVER GARDEN RD
CHAPEL HILL
NC
27516
- Chapel Hill
5016 THOMAS BERRY WAY
CHAPEL HILL
NC
27516
- Chapel Hill
432 ALTON RILEY RD
CHAPEL HILL
NC
27516
- Chapel Hill
2050 TERRELL WOODS LN
CHAPEL HILL
NC
27516
- Chapel Hill
235 BOX TURTLE TRL
CHAPEL HILL
NC
27516
- Chapel Hill
1501 FORD RD BLDG 27
CHAPEL HILL
NC
27516
- Chapel Hill
End Pilot Program Area 2 (site 10)
0
SOWN OF HELrLSBORO(jGH
June 12, 2018
Ms. Bonnie Hammersley Orange County Manager
Post Office Box 8181
Hillsborough, North Carolina 27278
Re: Letter of Intent -- Orange County's Request for 3rd Party Accessto Install Wireless Equipment
on Town Facilities
Dear Bonnie,
This letter is to confirm the general intent of the Town of Hillsborough (the "Town ") is to work
cooperatively to investigate scenarios that would allow Orange County to install wireless
broadband equipment on Town owned facilities, e.g., watertowers orother facilities. The specific
terms of any agreement would be negotiated during this investigation process if both parties
conclude that such installations are in their best interests. This letter of intent is not a binding
contract, it is an expression of the Town's and the County's mutual interest in pursuing the
potential installation of 3rd party owned wireless networking equipment on Town facilities. By
our respective signatures below, as authorized by the Town's Board of Commissioners on June
11 and the County's Board of Commissioners, we commit to pursuing the possible installation of
wireless equipment on Town facilities. We look forward to working together for the successful
project.
Sincerely,
F
Eric J. Peterson
Town Manager