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2018-522-E IT - Open Broadband contract
DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D [Departmental Use Only] TITLE Open Broadband Contract FY 2018 NORTH CAROLINA BROADBAND AGREEMENT ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 6th 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. c. 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"REP#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 is 1 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D 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. 3. 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. c. 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. 4. 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. e. 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.gov/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 of the 2 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D 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. i. 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) 3 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D 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: $210,000 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 $ 45,000 • Upon successful completion of Performance Measures 9b and 9c demonstrating coverage area and speed conformance $ 50,000 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 $ 45,000 • Upon successful completion of Performance Measures 9b and 9c demonstrating coverage area and speed conformance $ 50,000 Upon meeting all contract performance measures in all areas (to be prorated if Owner does not elect to proceed with Pilot Program 2) $100,000 Total: $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. 4 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D 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 P.O. Box 8181 PO Box 723 Hillsborough,NC 27278 Waxhaw,NC 28173 5 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D 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. Budge t. Contractor has provided the Owner with a budget for the Scope of Work as described in the RFP 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. c. 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.c in/ 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 turn-around. 6 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D 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. c. 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 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 7 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D 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. e. 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. c. 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 maybe 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 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 8 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D 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 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 9 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D 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: CONTRACTOR: Docusigned by: DocuSigned by: By: 66WAA, J MKA Y5bj By: 9CE720EC10604EC... 226 L94B755E477... t11an r1LGpa.LnC%K Orange County Manger CEO Open Broadband, LLC Printed Name and Title 10 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D Attachment A: Service Area Map I ' J. 'r m� I• �o..��� � rte. '� �� 1 � Y Site 3l .. .� 1 Air , � J r� r Site 2 r Ai- jai w u Site 1 J J ti Service Area Address Count - Site 1, 2 and 3 2,342. `£ Site 10 331 Total Residential Address Points 2,673 4,937 Address Points (Unserved and Underserved Areas) " 1 in=3 miles ORANGE Miles Proposed Wireless Service Areas COUNTY � 0 2 Test 71tS Orange Counly Planning and Inspection BC 8124/2018 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D 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 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D 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) DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D ORANGE COUNTY' NORTH H CAROLINA Orange County Request for Proposals (RFP) #5251 Re-solicitation Broadband Service to Unserved Areas Release Date: May 28, 2018 Due Date: June 28, 2018 @ 5:00 pm 1 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D NOTICE TO BIDDERS The County of Orange proposes to purchase the following: Broadband Service to Un-served Areas Pursuant to the General Statutes of North Carolina, Chapter NCGS 153a-349.60 and 160A-340.6, Orange County will receive sealed proposals until 5pm on June 28th of 2018, in the office of the Purchasing Agent, 200 S. Cameron Street, Hillsborough, North Carolina 27278. Specifications are available at the above address Monday through Friday, 8:00 A.M. to 5:00 P.M. or, by phoning 919-245-2651 or on the County website at http://www.co.orange.nc.us/purchasing/bids.asp. The Orange County Board of Commissioners reserves the right to reject any and or all proposals and to accept the best overall proposal. DAVID E CANNELL PURCHASING AGENT 2 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D Orange County is issuing this Request for Proposals (RFP) to develop the next- generation broadband infrastructure needed to meet the needs of its unserved and underserved residents. Orange County is seeking broadband solutions and business models that are innovative, scalable and serve today's needs, thereby providing maximum benefit to Orange County residents. Goals 1. Create a scalable broadband solution to foster innovation, drive job creation, stimulate economic growth, and serve new areas of development in the community 2. Provide a flexible menu of retail services that improves service to the following eligible service areas: a. Unserved areas - Offer new or enhanced service in unserved areas ofthe county (Appendix B) b. Single wireline service provider areas - Offer new or enhanced service in underserved areas of the county (Appendix B) 1.1 Eligible Service Areas Orange County has identified three areas in need of new or improved service: 1. Unserved areas (Map A, Appendix B) 2. Underserved areas (Map A, Appendix B) 3. Single service provider areas (Map A, Appendix B) A single vendor or multiple vendors may submit proposals to serve all or some of the service areas. Each service area proposal should include potential households served. Each service area proposal will be evaluated separately. 1.2 Service Area Specifications 1.2.1 Unserved and Underserved Areas The provider(s) of the Network(s) in both the unserved and underserved areas will take responsibility to design, engineer, construct, project manage and equip the Network(s). Network(s) access should include building up to the end user drop point or the end user Network(s) interface device. In addition, the Vendors) will bear all the operating and maintenance costs, including insurance costs and relevant taxes of the Network(s). Vendors) should also demonstrate a clear and continuous upgrade path for the Network(s) to meet future consumer demand, business demand, community anchor institution demand, and service developments. A. SPEED: 25 Mbps download (down) and 3 Mbps upload (up) wired or wireless solutions. Preference will be given to Vendors offering higher networkspeeds. B. PREFERRED SERVICES: The infrastructure should be able to support delivery of internet protocol(IP) voice, data, and video services, and tele-health solutions. C. VERIFICATION OF SERVICE: Selected Vendor must be able to 3 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D provide its own system for verifying new service. D. GRANT FUNDING: Up to $500,000.00 (five hundred thousand dollars) E. SERVICE PERIOD: Orange County will decide based on winning bid or bids F. EXPANSION: Provides a comprehensive broadband infrastructure that can be expanded to serve other areas of Orange County when deemed practicable G. ACCESS TO ASSETS: Access to assets owned or controlled by Orange County that are detailed in Section 3.1 and Appendix C. Orange County will also consider entering into service contracts with prospective vendors. 2. Eligible Vendors Eligible applicants will meet the following requirements: • A Private For-Profit business licensed to operate in NC • Minimum of five years of operations providing high-speed Internet service. • Be in good financial standing. Applicants should have a positive cash flow, a positive credit history and must provide an audit. Financial documents that must be submitted along with this application are outlined in Section 11.4. Orange County reserves the right to reject all proposals and may select multiple Vendors to provide service. Each Vendor will be an independent contractor that provides all design, construction, and operation services for the Network(s). Orange County will have no ownership in the Vendors) that own(s) and operates the Network(s). Orange County contract(s) with the Vendor(s) do not constitute franchise(s). Orange County does not plan to regulate generally Vendor(s)' business activities, nor to grant Vendor(s) a franchise for its activities and operations. Orange County expects that the contracts and property instruments associated with this effort shall establish terms and conditions governing the use of public assets that are utilized by Vendors) in its service delivery to its customers. 3. County Offerings If requested and possible, Orange County will leverage existing business relationships with some or all of its partner organizations, e.g., municipalities, schools, colleges and universities, to facilitate access agreements. The county may provide access to assets, grant funding, and assistance by demand. 3.1 Access to assets Orange County will provide Vendor(s) with access to a common pool of the assets, services and infrastructure to the extent available and needed by the Vendors) for deployment of the Network(s). Infrastructure may include, but will not be limited to, conduit, fiber, poles, substations, rack space, nodes, buildings, facilities, central office or switch locations, available land, and other assets and services identified in Appendix C. Ownership of any and all such 4 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D assets used by the Vendor(s) shall remain with the owner unless provided for otherwise by contract. Any network elements added by the Vendors) shall belong to the Vendors) but may be purchased at the end of the term by Orange County at reasonable, depreciated market value. If such network elements are not so purchased and are no longer in use, the Vendors) shall remove such elements at Orange County's request. Orange County may also offer access to additional assets, services, and infrastructure at their discretion. This will be determined during the negotiation process with the vendor. Orange County may charge Vendors) as may be authorized or required by law for access to Orange County assets and infrastructure as set forth herein or as otherwise may be required by law. A list of assets is available in Appendices C and D. 3.1.1 Vertical Asset Access Access to vertical assets that are owned by the county or allow county providers to access them. A tower map and additional information about tower locations can be found in Appendices C and D. 3.1.2 Rights of Way and Easements If requested, Orange County will cooperate with Vendor(s) in its efforts to gain access to rights of way or easements owned or controlled by third parties within the Service Area. 3.1.3 Pole Attachment Rights If requested, Orange County will cooperate with Vendors) in its efforts to gain access to poles owned or controlled by third parties within the Service Area. 3.1.4 Co-location Space and Power ORANGE COUNTY may provide access to segregated, secured spaces for telecommunications and network equipment within facilities owned or leased by Orange County; this space may exist in telecom closets or equipment huts at tower sites, fire stations, municipal buildings, or other locations. This space is typically not tiered data center space, and is generally unconditioned beyond standard building climate control. Some locations may contain generator/UPS backup for electrical utility service, although Orange County are open to proposals from Vendor(s) to add redundant services. Vendors) may choose to segregate their equipment within the shared space. Orange County will provide reasonable 247 access to the space for equipment maintenance and repair. The intent of ORANGE COUNTY is to make space available throughout the period the Vendor provides service. Prospective Vendors may propose alternate property interests in the available co-location space, but any provision of publicly owned space shall be subject to the disposition requirements of Article 12 of Chapter 160A of the North Carolina General Statutes, including potential upset bid requirements for any lease term in excess of 15 years. 5 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D Access to a segregated, secured space within a data center facility or computer room owned or leased by ORANGE COUNTY used for servers, telecommunications, and/or network equipment may also be made available. ORANGE COUNTY may provide access to the space through routine IT operations processes or through accompanied access to the space; alternatively, Vendor(s) may choose to segregate Vendors) and ORANGE COUNTY's equipment from each other in order for ORANGE COUNTY to provide full access by Vendor(s) into the facility without escort. ORANGE COUNTY will ensure data center is capable of receiving electrical service, computer room air conditioning, and customary facility monitoring services. ORANGE COUNTY will provide reasonable 24x7 access to the space for equipment maintenance and repair. Vendor(s) will be required to adhere to municipal security policies and practices for working in such a space. Co-location space and other public assets can be found in Appendix D. 3.2 Funding Available Orange County may contribute up to $500,000.00 of the project cost.The remaining cost of the total project must be funded by the applicant. Applicants may be funded at the amount applied for or at a lesser amount. In addition, ORANGE COUNTY may provide Vendor(s) with information about funds, grants, and contracts that can be directed to this Network(s), and may be able to provide Vendor(s) with assistance in applying for available grants or loans to pay for Network(s) expenses. 3.2.1 Funding restrictions No grants will be awarded to applicants that expect to use these funds to issue their own grants. Orange County will not award grants to substitute for lost government appropriations or cover pre-existing operating expenses for established organizations or pre-existing deployment to any of the Eligible Service Areas. 3.3 Assistance in Identifying and Generating Demand ORANGE COUNTY may negotiate individual commitments to purchase Network(s) services needed for ORANGE COUNTY's operations (e.g., transmission capacity, Internet access, voice, video, security monitoring, cloud computing and storage) through the Network(s). 4. Vendor Services ORANGE COUNTY are looking for innovative solutions which may entail one or more Vendors collaborating together to create a turn-key system. Service descriptions must include complete system design, engineering, operations, monitoring, maintenance, customer support provisions, and enhancements. The Network(s)' rollout will be based upon demonstrated demand by community residents, institutions, governments and businesses; and 6 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D the availability of necessary infrastructure. The Network(s)' design and operation should preferably provide an open access framework that maximizes wholesale and retail service delivery and competition. 5. Schedule May 28, 2018 Request for Proposals (RFP) released by Orange June 20, 2018 Questions from applicants due to Orange County June 28, 2018 Proposals due to Orange County 6. Application Submission Process One electronic copy of this application, and all relevant materials, must be received by midnight on the deadline date. Faxes are not accepted. The electronic copy should be submitted by e-mail to dcannell @orangecountync.gov. When submitting materials by e-mail, you must have a reply from Orange County acknowledging receipt of materials. 7. Proprietary Information Proprietary information may be submitted as part of the proposal. Please clearly mark only the pages that contain proprietary information with the word "CONFIDENTIAL." Information and records submitted to Orange County are governed by the N.C. Public Records Act, which is set forth in N.C. General Statutes 132-1, et. seq. Applicants are encouraged to review the applicable Statutes prior to submitting any information or documentation believed to be proprietary. 8. Requesting Additional Information and Questions Orange County will respond to questions submitted ONLY via e-mail to dcannell @orangecountync.gov. The deadline for questions is 5:00 PM, date goes here. The questions will be answered to the submitter and all questions and responses will be posted on the Orange County website. Neither Orange County staff nor Commissioners will answer questions directly. 9. E-Verify Application HB786 imposes E-Verify requirements on contractors who enter into certain contracts with state agencies and local governments. The legislation specifically prohibits governmental units from entering into certain contracts "unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the General Statutes." (Article 2 of Chapter 64 establishes North Carolina's E-Verify requirements for private employers). It is important to note that the verification requirement applies to subcontractors as well as contractors. The new laws specifically prohibit governmental units from entering into contracts with contractors who have not (or their subs have not) complied with E-Verify requirements. Complete the E-Verify affidavit, and include it with your submittal. Electronic version is acceptable. 7 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D 10.Application Requirements and Instructions Applicants are required to complete and submit the following materials for their grant proposal application: (1) Cover Sheet (Section 10) (2) Project Proposal (Section 11) (3) Certification by Vendor (Section 12) (4) E-Verify affidavit 8 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D 11. Cover Sheet: Orange County Broadband RFP Legal Name of Applicant Unit: Name and Title of Manager or CEO: Mailing Address: Street Address: City: State: Zip: Telephone: Fax: Email: Name and Title of Project Contact: (The project contact should be the person who can best answer project questions.) Address: Telephone: Email: Federal Tax ID Number: Fiscal Year-End Date: Project Summary Information 1. Select the service area(s) that your proposal serves and complete the column below. Service Area Unserved Areas Underserved Areas Start Date Completion Date Technology (fiber, wireless, copper, etc.) # of potential households served # of potential businesses served Amount of grant funds requested from County Amount of funds from Vendor Total project cost Minimum Speed Maximum Speed Monthly cost of least expensive residential plan Monthly cost of low- income residential plan 2. Briefly describe the service area(s) that your proposal serves: 9 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D 12. The Project Proposal Vendor(s) shall design, build, install, operate, support, and manage the Network(s). Vendor(s) are encouraged to propose on all features with coverage over the full Service Area. Vendors may bid on parts or the whole of the RFP. If a Vendor chooses to propose on less than the whole, Vendor must provide details, including the use of maps or other diagrams as necessary, on those features and Service Area(s) for which it is proposing to sufficiently allow ORANGE COUNTY to review the Vendor's proposal. Vendor(s) should describe which, if any, of the turn-key services described below, it will provide. Vendor must explain or describe how it would allow for connection to other Service Areas in the event Vendor wishes to propose on less than the full Service Area. The following list of required information is offered to facilitate the preparation of the comprehensive proposal package that Orange County has to have in order to give each proposal fair and adequate consideration. All submitted proposals must include the following components as outlined below: 11.1 Technical Plan for the Proposed Project The technical plan must describe in detail how the proposed project will bring high-speed Internet services to the Eligible Service Area(s). Vendors) are encouraged to propose on all features with coverage over the full Service Area. Vendors may bid on parts or the whole of the RFP. If a Vendor chooses to propose on less than the whole, Vendor must provide details as to which features and Service Area(s) for which it is proposing, including the use of maps or other diagrams as necessary to sufficiently allow ORANGE COUNTY to review Vendor's proposal. Vendor(s) should describe which, if any, of the turnkey services described below, it will provide. Vendor must explain or describe how it would allow for connection to other Service Areas in the event Vendor wishes to propose on less than the full Service Area. 11.1.1 Service Area • A map and build out schedule (GIS shape file). If less than the entire Service Area is being proposed on, Vendor's portion of the Network(s) must provide for interconnection at no cost with other portions of the Network(s). An explanation as to how Vendor(s) expects to accomplish all interconnections should be included in Vendors' response. • An explanation as to how Vendor(s) expects to accomplish interconnection. • Detailed design for at least one multi-family dwelling (MDU), a municipal business district, a business park, a public housing development, and/or a residential neighborhood, if such feature is included in proposal. 10 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D • A discussion of the anticipated deployment strategy, scope, and timing of the proposed rollout, including if there would be multiple phases of the deployment and availability of services and, if so, what services would be made available during each phase. The discussion should identify the levels of committed demand necessary to trigger rollout obligations and any factors likely to influence the scope or timing of the rollout and explain how those factors impact the strategy. 11.1.2 Project Implementation Timeline and Performance Milestones* The technical proposal must be accompanied by a proposed implementation timeline. • The proposal must develop a detailed project schedule that indicates key events that are tied to the need for the release of funds by Orange County. • The proposal must specify the projected date by which the project will be completed and the date service delivery will commence over the proposed infrastructure. *The county may choose to implement the project in a phased approach,starting with a pilot. If this option is chosen,the county will work with the vendor to adjust the timeline accordingly during the contract agreement discussion. 11.1.3 Service Offerings A description of proposed wholesale or retail service offerings that the Vendor(s) anticipates offering to institutional, business, government, residential, and other potential customers. Response should address: 1) pricing strategy, including anticipated rates for services, minimum time period those rates would remain in place without escalation, and limitations on increases in rates over time; 2) an explanation of Vendor's willingness to work with the County to develop unique pricing or packages for key community stakeholders and populations (e.g., government, community colleges, universities and K-12 facilities; and 3) customer support model for each service. Proposals must include a reduced rate option for qualifying economically distressed residents. Explanation of the qualifying standard, if available, should be included. The county can provide qualification requirements and determine eligibility, if desired. Internet Services • Residential • Bulk internet to multi-dwelling units(MDUs) • Dedicated business/institutional • Wholesale Internet access service Circuits • Point-to-Point • Multi-point Optional Services • VOIP services • Wi-Fi 11 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D • Video services Vendors' response should include any other services that it will provide with its standard services or as optional services. 11.1.4 Technical system explanation A description of the Network(s) technologies underlying the proposed Network(s) solution(s) included in the response. Each description should include the following information: • Service Availability ■ Targets for uptime ■ Redundancy • Design points for capacity ■ Capacity per customer ■ Number of fibers • Maximum number of end point customers 11.2 Roles and Responsibilities A description of the roles and responsibilities envisioned for Vendor, Vendor team members, ORANGE COUNTY, and subcontractors or third parties (if applicable) for each of the following: • Network(s) design • Network(s) construction • Network(s) operations and management • Customer support • Publicly available information • Marketing and outreach Material Tasks/Components: Vendor shall provide a breakdown or outline of the material tasks or components of the design, construction, operation and management of the Network(s) and its rollout. 11.3 Management and Staffing The proposal must describe the role of key project personnel (including job descriptions) and provide documentation of the ability of current management and staff to fulfill those responsibilities. Please attach resumes of key project personnel and a list of anticipated subcontractors. Vendor's proposal shall include organizational documents filed with the applicable governmental agency (i.e., Articles of Incorporation or Articles of Organization) as well as a Certificate of Good Standing (or equivalent) from the applicable agency and any licenses to provide communications services that may be required by the North Carolina Utilities Commission, Federal Communications Commission, or any other applicable governmental 12 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D agency. Additionally, Vendor shall provide a certificate that it is in good standing to do business in the State of North Carolina, that all of its business and regulatory registrations/filings/taxes are current, and all internal corporate documents are up to date. The proposal must disclose the relationships, if any, which exist between key personnel and investors in this project. 11.3.1 Contractors- Procurement/Deployment • The proposal must explain what process will be followed in obtaining services required for the development of this project. • The proposal must explain if small and historically underutilized firms will be given special consideration in the bid process. • The proposal must explain if there is a performance bond executed with contractors and subcontractors. 11.4 Project Budget Provide a copy of the proposed project budget by line item, along with a budget narrative. Sources of other grant or loan funds in the project should be clearly identified. The project budget should include a pro forma financial statement identifying projected capital outlays, ongoing operational costs, and expected revenues from wholesale and retail services for at least the first five years of construction and operation. The plan should identify and quantify all key assumptions underlying the calculations. The financial projections should specify the matching fund support from Orange County that is assumed and ORANGE COUNTY asset access that is assumed. 11.5 Organizational Information 11.5.1 Organizational Structure • The applicant must be a Private For-Profit business licensed to operate in NC and must furnish proof of this designation. • A brief description of the ownership structure of the organization. Applicants must identify what type of business it is, where it is organized (what state) and where the principle office is located. • Vendor should provide a statement of experience highlighting similar Network(s) systems that it has designed, constructed, and operated, including project name, location, size, technology used, and names and phone numbers for reference contacts. Also the proposal should indicate whether each system is owned by the Vendor(s) or another entity. 13 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D 11.5.2 Operating Finances Vendor(s) shall submit 1) 2014/2015 Dun & Bradstreet information supplement and 2) the two most recent annual audited financial statements to permit analysis of financial resources. If Vendor is part of a project group, the audits and Dun & Bradstreet report for each principal group member should be submitted. If the Vendor(s)'s response includes Vendor financing or committed bank or other financing, the audits and Dun & Bradstreet reports of such Vendors and financial institutions should be submitted. Security in the form of a letter of credit, bond or other security in the amount determined by the Orange County and Vendors) after negotiation will be required from the successful Vendors) to guarantee completion of the Network(s), and shall be held by the Orange County until completion of the Network(s). 11.5.3 Ownership and Equity Conversion Issues • The proposal must describe the ownership structure of this project, detailing the nature of equity distribution and its basis. • The proposal must detail any non-financial investment for which equity has been given. • Applicants must include a proposal for the disposition of assets created or acquired through use of Orange County funds in the event that the project dissolves or terminates. Orange County requires that such dispositions, transfers or assignments preserve the goals of Orange County and the purposes of this RFP. 14 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D 13. Certification by Vendor The attached statements and exhibits are hereby made part of this application and the undersigned representative of the applicant certifies that the information in this application and the attached statements and exhibits is true, correct and complete to the best of his/her knowledge and belief. He/She further certifies that: 1. As authorized representative, he/she has been authorized to file this application by formal action of the governing body; 2. That the governing body agrees that if a grant or award of contractfrom the Orange County is awarded, the applicant will provide proper and timely submittals of all documentation requested by the County; 3. That the governing body agrees to provide for proper operation and maintenance of the project after its completion; 4. That the applicant has substantially complied with or will comply with all federal, state and local laws, rules and regulations and ordinances as applicable to the project. Signature of Grantee/Authorized Representative Typed Name and Title Date Checklist for Additional Forms: Please enclose the additional items before submitting: ❑ Cover Sheet ❑ Project Proposal (see guidelines in Section 11) 15 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D 14. Proposal Selection Process Proposals will be reviewed to ensure that the application is received on time (date goes here; midnight), is substantially complete and meets other eligibility requirements. If these standards are not met, the proposal will not receive further consideration. Proposals will not be returned to the applicant. (1) Timeliness. Proposals will be reviewed to verify submission by the submission deadline. Orange County will reject proposals that do not meet the submission deadline. (2) Completeness. Proposals will be reviewed to verify completeness.Orange County will reject proposals that do not address all items in these sections and are thus materially incomplete. (3) Eligible Service Area. Proposals will be reviewed to ensure that proposed infrastructure projects will deliver services to areas designated in Section 1. (4) Eligible Applicant. Proposals will be reviewed to verify the eligibility of the applicant. The applicant must be a Private For-Profit corporation. (5) Eligible Activities. Proposals will be reviewed to ensure that the activities for which assistance is requested are eligible for funding. (6) Sustainability. Vendors' plans will be reviewed to ensure that the business plan will be sustainable over the long term. (7) Appeals Process: There will be no appeals process. 15. Corrections to Deficient Applications After the proposal due date, no unsolicited information will be considered. However, Orange County staff may contact the vendor to correct non-substantive deficiencies. In each case of a completeness deficiency, the applicant will be notified by telephone or email documenting the deficiency. All supplemental information requested by the County must be received within five business days of the date of notice or the proposal will not be considered for funding. 16 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D 16. Scoring for Proposals Proposals that are deemed complete will be reviewed and ranked by the following criteria: Scoring Criteria Max Factor Points Ability to A. Includes a realistic and expeditious project 15 complete the implementation timeline project B. Describes specific design and implementation methods and activities to be carried out as part of this project C. Ability to obtain financing Capacity to A. Depth of past/current experience 15 complete the B. Staff capacity and experience, relevant job project descriptions C. Financial documents are in good standing Collaboration A. Quality partnerships that may increase the success 10 or impact of this project B. Experience or willingness to partner with the county to educate Orange County residents as well as the public at large. Customer A. Proven quality customer service offerings 20 Service/ B. Marketing plan and experience to ensure that target Customer audience will be reached Offerings C. Monthly cost to subscribers Long-term A. Includes a well thought-out and realistic explanation 20 Sustainability of how the provider will continue this project after the grant money (if applicable) has been spent B. The solution will provide long-term upgradeability, business sustainability, and quality of service Cost A. Includes a well thought-out and realistic quarterly 20 operating and capital budget B. Total project costs C. Grant match required from Orange County 17 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D 17. Ranking Each service area proposal will be ranked separately. Scores for each rating factor will be added together for each application to obtain a total score for each proposal. Proposals will then be ranked from highest to lowest according to the total combined score. Orange County may choose a single vendor or multiple vendors. Orange County reserves the right to reject all proposals. 18. Award Requirements Each Vendor will be required to enter into a contract with Orange County before it can receive grant funds or begin project activity. Some of the grant award requirements and conditions are outlined below: a. Orange County Broadband Grant funds can only be used for the purposes set forth in the contract. b. All recipients must submit regular progress and financial reports. Specific reporting requirements will be described in the contract. c. The project may be implemented in a phased manner, providing service to an area initially and resuming service provision to other areas after an evaluation period. d. Orange County staff will monitor the progress made as compared to the submitted project milestones. These milestone dates will be a part of the contract. Monitoring will include regularly scheduled staff reviews. Grant payments will be released based on these reviews and the assessment of progress against project milestones. e. Grant funding may be paid out on a reimbursement basis, with the payment schedule to be outlined in the contract. f. Unless negotiated otherwise, intellectual property rights developed or created with Grant funds, if relevant, will be proportionately shared with Orange County. 18 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D Appendix A- Definitions Broadband 25 Mbps down / 3 Mbps up As part of its 2015 Broadband Progress Report, the Federal Communications Commission voted to change the definition of broadband by raising the minimum download speeds needed from 4Mbps to 25Mbps, and the minimum upload speed from 1Mbps to 3Mbps. Broadband Service A comprehensive approach to meeting the goals of 1. Better broadband access for the underserved areas of Orange County 2. Enhanced broadband access for unserved and underserved areas 3. An efficient way to meet the broadband needs of Orange County residents for the foreseeable future Last mile and middle mile solutions can be fiber, coax, mobile wireless or microwave. Solutions should provide 25 Mbps download/3 Mbps upload immediately and consideration for 100 Mbps symmetrical service by 2020 (in accordance with the National Broadband Plan https://www.fcc.gov/general/national-broadband-plan Service Area Orange County, NC includes 3 municipalities: Chapel Hill, Carrboro and Hillsborough; and the following 7 township districts: Cedar Grove, Little River, Cheeks, Hillsborough, Eno, Bingham and Chapel Hill. See Map in Appendix B Single Service Areas in the county that only have 1 wireline service Provider Area provider. See map in Appendix B Unserved Areas Areas within Orange County that have no access to wireline broadband service as identified in Appendix B Underserved Areas Areas within Orange County that have access to Internet service that does not meet the definition of broadband, i.e., these areas have download speeds <25Mbps. See map in Appendix B Vendor(s) Business entity or entities that respond(s) to this RFP 19 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D Wireline provider Provider that uses copper or co-axial cabling to provide last mile services to end points, i.e., homes 20 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D STATE OF NORTH CAROLINA AFFIDAVIT ORANGE COUNTY ************************** I, (the individual attesting below), being duly authorized by and on behalf of (the entity bidding on project hereinafter"Employer") after first being duly sworn hereby swears or affirms as follows: 1. Employer understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS§64-25(5). 2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify in accordance with NCGS§64-26(a). 3. Employer is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State. (mark Yes or No) a. YES or b. NO 4. Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer. This day of 201_. Signature of Affiant Print or Type Name: State of North Carolina County D Signed and sworn to (or affirmed) before me,this the o 0 D. day of , 201_. v Z 0 My Commission Expires: v Notary Public == DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D Section I: General Government and Administration Policy 10.0: Living Wage Contractor Policy Reviewed by: County Attorney/County Manager Approved by: County Manager Original Effective Date: April 21,2016 Revisions: Policy Statement It is the policy of Orange County to ensure its employees, and all individuals who provide services for Orange County, are paid a living wage. Purgose To encourage all vendors and contractors to pay a living wage to all employees who perform work pursuant to a contract with Orange County. Applicability Applies to all Orange County contracts and purchases. PolicX 10.1 Living Wage 10.1.1 Orange County is committed to providing its employees with a living wage and encourages all contractors and vendors doing business with Orange County to pursue the same goal. Orange County's living wage is $13.16 per hour. To the extent possible,Orange County recommends that contractors and vendors seeking to do business with Orange County provide a living wage to their employees. 10.1.2 Prior to final execution of a contract with Orange County all contractors and vendors seeking to do business with Orange County shall submit to the County's representative a statement indicating whether those employees who will perform work on the Orange County contract are paid at least the living wage amount set out above. If such employees do not make at least the living wage amount set out above the contractor or vendor shall indicate in the statement the actual amount paid to such employees. For bid projects this statement should be submitted as part of the bid packet. This policy may be reviewed annually and updated as needed by the Manager's Office DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D Appendix A- Definitions Broadband 25Mbps down / 3Mbps up As part of its 2015 Broadband Progress Report, the Federal Communications Commission voted to change the definition of broadband by raising the minimum download speeds needed from 4Mbps to 25Mbps, and the minimum upload speed from 1Mbps to 3Mbps. Broadband Service A comprehensive approach to meeting the goals of 1. Better broadband access for the underserved areas of Orange County 2. Enhanced broadband access for unserved and underserved areas 3. An efficient way to meet the broadband needs of Orange County residents for the foreseeable future Last mile and middle mile solutions can be fiber, coax, mobile wireless or microwave. Solutions should provide 25Mbps download/3Mbps upload immediately and consideration for 100Mbps symmetrical service by 2020 (in accordance with the National Broadband Plan https://www.fcc.gov/general/national-broadband-plan Service Area Orange County, NC includes 3 municipalities: Chapel Hill, Carrboro and Hillsborough; and the following 7 township districts: Cedar Grove, Little River, Cheeks, Hillsborough, Eno, Bingham and Chapel Hill. See Appendix B, Map C Single Service Areas in the county that only have 1 wireline service Provider Area provider. See Appendix B, Map A Unserved Areas Areas within Orange County that have no access to wireline broadband service as identified in Appendix B Underserved Areas Areas within Orange County that have access to Internet service that does not meet the definition of broadband, i.e., these areas have download speeds <25Mbps. See Appendix B, Map B Vendor(s) Business entity or entities that respond(s) to this RFP 19 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D Wireline provider Provider that uses copper or co-axial cabling to provide last mile services to end points, i.e., homes 20 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D Areas Unserved by Broadband Service in Orange County, NC I —---------- ----------------------------------------------- -------------------------- — 1 I I I I 49 I `57 I I I I I I g6 I I 57 !i I I t I I I I I 1 } I I I I 70A I I 70 I I 45T 86 I I I I I I I I I I 1 , 15 I Asymmetric XDSL, 1 501 Symmetric XCSL, 54 Other Copper j �� ! Wireline, Cable C, Modem-DOCSIS 3.0, 54 Cable Modem-Other, j Fiber to the End User 15 ! Areas in white = no wireline broadband --'-�- -- -- 501 • ________- j service N 1 KA A in=3 miles [CUNGE 0 1 COUNTY Miles Data Source: National Broadband Map(2014) Orange County Planning and Inspections DISCLAIMER:Orange County does not guarantee the accuracy of this information. Brian Carson A --J:.. o RA-- o DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D Potential Broadband Service Area Expansion ---------------------- ------------------------------- --------------------- ---------- � 1 i i i i I 4g I I I 157 I 57 I i I I � I I 1 I T 70A 1 I ' ® 70 I I I 86 i I I � , I I I I 1 15 1 54 501 j I I I I Existing Cable Service _ Areas (Data Source: NCBroadband) I ----_ Underserved Areas 1 in=3 miles QRArtcr courlI1 Y MMM=Miles Orange County Planning and Inspections Brian Carson(1/23/2018) A--...,..a:., o IN n DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D p Orange County Townships Caswell Person g 11L�y R RD D OLE lJ`\\'V O 1 ..GRAY.RDr- o F� .�OPS�.\ OOQ 20 SA OSO�.. O w Sq�2 BACON,RD I o-o� N�o N Ro N BRDV� o I �/ OcP BUR z 49 OOR�pOND eOeJ� LAWS STORFRO R/o�FR HAWKINS RD 3 1cJ7 O NICKEV- y i O O w w OL/N w R° Little O YP a F\ LITTLE RI E ? R CHURC RD River ! \JAG OR O 86 SP�M\LL RD FAD o PEASGtiRD Township O� SOHLFY� 5 KIGER RO O ti G GO Cedar O Rcy�'� FRryRm Township o �e F �y�0 ti0 A O� RR Cu�—ISENION RD Alamance m D�RO HALLS/iq.LLR�� � WgLkFRR a�B 3 O U ° MPRYS RO iL � K A O F,gGC� x(00" 4. O r D < 0 0 Az RD z FR A B� - ° Eno 0 70 ` N Township Ga NRD WESTI _G � _ RG GOOKS Cheeks I 70A w G2 f ONGZ� �UB� Township Z' R O J G H R O ��\��,�N G R O G�,R D H i l l s b o ro u'g h 70 Qv� ��� .._ .. .._.W i Township .O�pNC10 Durham U Ix Ile s o • 751 o DA F CO Yi 86 �01, O O BORLAND RD W rn G MT Slfy9i 2y Z ARTHU R■/Np�O Chapel Hill RD rm Township ■ z I ,rP w 0 ■ O \SFIELD AN � h0 �JBANKS RD �. 2jRD Zm O O$ I v O O , I 0 O P GP O WEAVER D r' N TEERRD O Ai O I z Z� S'(EAD RD RY� ORD O r0� Bingham . i 1 N,a. N ESTFS 15 �4 yRD Township : ``se °� SF°R 501 °RROJ`\ 54 O I> 0-1 1 _ O w444 T KS\N St RALEIGRAL EiGH RD `\ �4�<t 3 ■ , 3' �FRPN • H RD W� 54 m ' O `1 3 Z I FN ��RRr r)V R B �° 15 )O o �URGR Z ° GJyo 501 N Town of Carrboro Town of Hillsborough �_..._! Townships Chatham Miles Town of Chapel Hill City of Mebane Orange County Planning and Inspections Brian Carson(1/13/2016) A._.__._J:--r-% R A--r1 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D Telecommunication Sites in Orange County CASWELL PERSON T i — I I I 49 157 I I I • I j 86 5 I I I s I j I j • a..� 70 �. i 70A ALAMANCE 70 DURHAM 86 j / ❑ I I j I 1 i I ❑ 15 j 501 1 I 54 r )b • 54 15 _- — \ ❑I - - -� 501 j --_ ---- -- - * Properties to be held in reserve. No tower development without BOCC Approved Tower Monopole CHATHAM approval and there are no other viable O Locations (3/22/2012)* collocation opportunities on surrounding Electric Transmission facilities. Structure Type O Water Tower N 1 in=3 miles Guyed ° Rooftop ❑ y Miles Lattice Orange County Planning and Inspections Department GIS Map Prepared by Brian Carson.1/15/2015 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D APPENDIX C - ORANGE COUNTY BUILDINGS AND VERTICAL ASSETS ORANGE COUNTY-OWNED ASSETS Building Address City State Zipcode Little River Regional Park Office 301 Little River Park Way Little River NC 27572 Library-Carrboro McDougle Branch 900 Old Fayetteville Road Chapel Hill NC 27514 Landfill/Landfill Scalehouse 1514 Eubanks Road Chapel Hill NC 27516 Courthouse(New) 106 East Margaret Lane Hillsborough NC 27278 Historic Courthouse 100 East King Street Hillsborough NC 27278 EMS Station 4 209 Mount Willing Road Efland NC 27243 Government Services Annex 208 South Cameron Street Hillsborough NC 27278 Government Services Center 200 South Cameron Street Hillsborough NC 27278 Courts Annex 112 North Churton Street Hillsborough NC 27278 Southern Human Services Center Complex 2501 Homestead Road Chapel Hill NC 27516 Motor Pool Facility 600 NC Highway 86 North Hillsborough NC 27278 Northside Building 2 and 3 333 McMasters Street Chapel Hill NC 27514 Environmental and Agricultural Center 306 Revere Road Hillsborough NC 27278 Whitted Human Services Center Complex 300 West Tryon Street Hillsborough NC 27278 Central Recreation Center 300 West Tryon Street Hillsborough NC 27278 District Attorney's Office 144 East Margaret Lane Hillsborough NC 27278 Bentley Building 501 West Franklin Street Chapel Hill NC 27516 Skills Development Center 503 West Franklin Street Chapel Hill NC 27516 Solid Waste Convenience Center High Rock Road 7001 High Rock Rd Efland NC 27243 Solid Waste Convenience Center Ferguson Road 1616 Ferguson Road Chapel Hill NC 27516 Solid Waste Convenience Center Eubanks Road 1514 Eubanks Road Chapel Hill NC 27516 OPT Modular Office Building 600 Highway 86 North Hillsborough NC 27278 SW Convenience Center Walnut Grove Ch Rd 3605 Walnut Grove Church Road Hillsborough NC 27278 EMS Station 8/South Orange Rescue 202 Roberson St Carrboro NC 27510 Efland Cheeks Community Center 117 Richmond Road Mebane NC 27302 AMS North Campus Administration 600 Highway 86 North Hillsborough NC 27278 Jail/Magistrate's Office 125 Court Street Hillsborough NC 27278 Seymour Center 2551 Homestead Road Chapel Hill NC 27516 Recycling 24 Hour Site Cedar Falls Park 401 Weaver Dairy Road Chapel Hill NC 27516 Recycling 24 Hour Site Carrboro Plaza 104 NC 54 Carrboro NC 27510 Recycling 24 Hour Site Meadowmont Hwy54 East Chapel Hill NC 27517 Recycling 24 Hour Site Estes 201 Estes Drive Chapel Hill NC 27514 Recycling 24 Hour Site Hampton Pointe 625 Hampton Point Blvd Hillsborough NC 27278 Central Orange Senior Center 103 Meadowlands Drive Hillsborough NC 27278 Solid Waste Management Administration Center 1207 Eubanks Rd Chapel Hill NC 27516 Justice Facility And Sheriff Administration Bldg 106 East Margaret Lane Hillsborough NC 27278 Emergency Services Headquarters 510 Meadowlands Drive Hillsborough NC 27278 West Campus Office Building 131 West Margaret Lane Hillsborough NC 27278 Library-Orange County Main Library 137 West Margaret Lane Hillsborough NC 27278 Farmers'Market Pavilion 140 East Margaret Lane Hillsborugh NC 27278 Eurosport Soccer Center 4710 West Ten Rd Efland NC 27243 Hillsborough Commons 113 Mayo Street Hillsborough NC 27278 Gateway Center 228 S Churton Street Hillsborough NC 27278 Fairview Park 501 Rainey Avenue Hillsborough NC 27278 Animal Services Center 1601 Eubanks Road Chapel Hill NC 27516 SW Convenience Center Bradshaw Quarry Rd 6705 Bradshaw Quarry Rd Mebane NC 27302 DocuSign Envelope ID:A8E51BF8-6EBC-4632-A21F-FE04 EC5Bc33D u Hillsborough NC 27278 Cedar Grove Park 5800 Highway 86 North Hillsborough NC 27278 River Park 140 East Margaret Lane Hillsborough NC 27278 Library-Carrboro Cybrary 100 North Greensboro Street Carrboro NC 27510 Parks Operation Base 6823 Millhouse Rd Chapel Hill NC 27516 EMS Station 3 300A Mason Farm Rd Chapel HII NC 27599 EMS Station 5/Orange Rural Fire Station 2 835 Phelps Rd Hillsborough NC 27278 EMS Station 2/Carrboro Fire Station 2 301 W Main St Carrboro NC 27510 EMS Station 6/Carrboro Fire Station 2 1411 Homestead Rd Chapel Hill NC 27516 EMS Station 7/New Hope Fire Station 2 4700 NC Hwy 86 Chapel Hill NC 27516 EMS Station 9 6800 Orange Grove Rd Hillsborough NC 27278 ORANGE COUNTY PROPOSED TOWER SITES 11D POINT X POINT Y P-1 79°12'29.57"W 36°10'58.27"N P-2 79°8'25.44"W 36°10'45.37"N P-3 79'0'53.63"W 36°11'14.82"N P-4 79°3'4.87"W 36°8'53.54"N P-5 79°T6.63"W 36°8'36.48"N P-6 79'0' 14.49"W 36°6'53.57"N P-7 79°13'32.98"W 36°4'54.21"N P-8 79°11'48.91"W 36°4'22.01"N P-9* 79'4'54.48"W 36°1'4.18" N P-10* 79'4'53.82"W 35°58'41.90"N P-11 79°13'44.24"W 35°57'43.16" N P-12 79°09'03.38"W 35°55'53.23" N P-13 79°13' 1.72"W 35°53'43.60" N P-14 79°1'20.97"W 35°52'21.47" N P-15 79°10'56.31"W 36°7'41.49" N * Properties to be held in reserve. No tower development without BOCC approval and there are no other viable collocation opportunities on surrounding facilities. DISCLAIMER: Orange County does not guarantee the accuracy of this information. DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D APPENDIX D - CUUN I Y-WIDE VEK I ICAL ASSETS EXISTING COMMERCIALLY OWNED TOWERS Owner Tower Address City State Zip Crown Castle Atlantic, LLC 3327 Schley Rd Rougemont NC 27541 American Tower 1400 Old NC 10 Hillsborough NC 27278 Crown Castle Atlantic, LLC 181 Daniel Boone St Hillsborough NC 27278 Crown Castle Atlantic, LLC 2400 Buckhorn Rd Mebane NC 27302 Time Warner NY Cable, LLC 2507 Buckhorn Rd Mebane NC 27302 American Tower 4415 Orange Grove Rd Hillsborough NC 27278 Alltel 5006 W Cornwallis Rd Durham NC 27705 Nextel 609 Piney Mountain Rd Chapel Hill NC 24514 Crown Castle Atlantic, LLC 200 Redfoot Run Rd Carrboro NC 27514 GTE Mobilnet of Raleigh Inc 140 E Rosemary St Chapel Hill NC 27514 Alltel 515 Greensboro St Carrboro NC 27510 Capstar Radio Operating Company 4019 Jones Ferry Rd Chapel Hill NC 27516 Crown Castle Atlantic, LLC 6915 Millhouse Rd Chapel Hill NC 27516 American Tower 6513 Hebron Church Rd Mebane NC 27302 American Tower 3716 Southern Dr Efland NC 27243 BellSouth 2115 Orange Grove Rd Hillsborough NC 27278 Crown Castle Atlantic, LLC 3308 Landau Dr Hillsborough NC 27278 Crown Castle Atlantic, LLC 5908 US 70 Durham NC 27705 American Tower 2111 New Hope Church I Chapel Hill NC 27514 American Tower 6017 Mill House Rd Chapel Hill NC 27514 Sprint PCS 1700 Palmers Grove Chu Hillsborough NC 27278 Pinnacle Towers, LLC 3412 Gibbs Ln Hillsborough NC 27278 EMS 720 Hawkins Rd Cedar Grove NC 27231 Airport Dr Chapel Hill NC 27514 VilCom Interactive Media, LLC Franklin St Chapel Hill NC 27514 701 Cleland Dr Chapel Hill NC 27514 UNC at Chapel Hill 110 Friday Center Dr Chapel Hill NC 27514 Alert Cable 1004 Old Fayetteville Rd Chapel Hill NC 27516 Piedmont Electric Membership Cor 2504 NC 86 S Hillsborough NC 27278 Duke University 3314 NC 86 S Hillsborough NC 27278 BellSouth 625 Old Fayetteville Rd Carrboro NC 27510 Town of Carrboro 301 Main St Carrboro NC 27510 Pinnacle Towers, LLC 440 Old South Dr Hillsborough NC 27278 American Tower 520 Ben Wilson Rd Mebane NC 27302 Duke Energy 4816 US 70 E Durham NC 27705 American Tower 5214 Homer Ruffin Rd Chapel Hill NC 24516 SBA 2714 NC 54 W Chapel Hill NC 27516 SBA 4900 NC 54 W Chapel Hill NC 27516 GTE Wireless 1403 New Hope Trce Chapel Hill NC 27516 AT&T Wireless Services, LLC 7016 Mt Hermon Church Durham NC 27705 Crown Castle Atlantic, LLC 7313 NC 157 W Rougemont NC 1 27572 Crown Castle Atlantic, LLC 1419 Hawkins Rd Cedar Grove INC 1 27231 Di--%iilegIt'dII Envelope D:A8E51BF8 6EBC 4632 AJ7U77 Reu5Baw� nu Hillsborough NC 27278 Duke Energy 3905 Red Hawk Rd Hillsborough NC 27278 American Tower 431 Dimmocks Mill Rd Hillsborough NC 27278 Sprint PCS 104 US 70 E Hillsborough NC 27278 Student Educational Broadcasting, 251 Manning Dr Chapel Hill NC 27514 Crown Castle Atlantic, LLC 221 Culbreth Rd Chapel Hill NC 27516 Crown Castle Atlantic, LLC 223 Culbreth Rd Chapel Hill NC 27516 Capstar Radio Operating Company 4215 Jones Ferry Rd Chapel Hill NC 27516 VilCom Interactive Media, LLC Franklin St Chapel Hill NC 27514 100 Northern Park Dr Chapel Hill NC 27516 N C Electric Membership Corp 2808 Hurdle Mills Rd Cedar Grove NC 27231 3905 Red Hawk Rd Hillsborough NC 27278 4801 Cole Mill Rd Durham NC 27705 200 S 11th St Mebane NC 27302 American Tower 8711 Wilkerson Rd Cedar Grove NC 27231 Breeze Rd Hurdle Mills NC 27231 American Tower 1740 US 15-501 N Chapel Hill NC 27514 Meadowlands Dr Hillsborough NC 27278 AT&T Wireless Services, LLC 3417 Old NC 86 Hillsborough NC 27278 Town of Hillsborough 1120 Old Cedar Grove Rc Hillsborough NC 27278 Virginia Gates Rd Hillsborough NC 27278 Mt Moriah Rd Durham NC 27705 Mt Moriah Rd Durham NC 27705 American Tower 7005 Sunrise Rd Chapel Hill NC 27514 American Tower 7243 New Sharon Churcl Rougemont NC 27572 Capital Telecom 106 Daimler Dr Chapel Hill NC 27516 American Tower 918 Sesame Rd Chapel Hill NC 27516 Orange Water and Sewer Authority and Town of Hillsborough locations available upon request. DISCLAIMER: Orange County does not guarantee the accuracy of this information. :1 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D STATE OF NORTH CAROLINA AFFIDAVIT ORANGE COUNTY ************************** I, (the individual attesting below), being duly authorized by and on behalf of (the entity bidding on project hereinafter"Employer") after first being duly sworn hereby swears or affirms as follows: 1. Employer understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS§64-25(5). 2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify in accordance with NCGS§64-26(a). 3. Employer is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State. (mark Yes or No) a. YES or b. NO 4. Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer. This day of 201_. Signature of Affiant Print or Type Name: State of North Carolina County D Signed and sworn to (or affirmed) before me,this the o 0 D. day of , 201_. v Z 0 My Commission Expires: v Notary Public == DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D Section I: General Government and Administration Policy 10.0: Living Wage Contractor Policy Reviewed by: County Attorney/County Manager Approved by: County Manager Original Effective Date: April 21,2016 Revisions: Policy Statement It is the policy of Orange County to ensure its employees, and all individuals who provide services for Orange County, are paid a living wage. Purpose To encourage all vendors and contractors to pay a living wage to all employees who perform work pursuant to a contract with Orange County. Applicability Applies to all Orange County contracts and purchases. PolicX 10.1 Living Wage 10.1.1 Orange County is committed to providing its employees with a living wage and encourages all contractors and vendors doing business with Orange County to pursue the same goal. Orange County's living wage is $13.16 per hour. To the extent possible,Orange County recommends that contractors and vendors seeking to do business with Orange County provide a living wage to their employees. 10.1.2 Prior to final execution of a contract with Orange County all contractors and vendors seeking to do business with Orange County shall submit to the County's representative a statement indicating whether those employees who will perform work on the Orange County contract are paid at least the living wage amount set out above. If such employees do not make at least the living wage amount set out above the contractor or vendor shall indicate in the statement the actual amount paid to such employees. For bid projects this statement should be submitted as part of the bid packet. This policy may be reviewed annually and updated as needed by the Manager's Office DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D Grange County Townships Caswell Person FP FD Aklh$U'YrH«?• RAY x P c N RQ h i 49 y0a �ONO LANG STO%, ' p �d h4WKMls Q 15l ° �eKE�`iej+ v a Little River ,NM0.L LITTLER ""HURC RD Township{-r 1 SC. ° Cedar+�Grove Fr rr °� Township ` ° KAMLILS Q OA SSW Eno o e e'� L' 70 Township '"_ • _ WEST SE i IR' a Gheeks Township s y + Mills l�orough� 70 J M Township o= ❑urharn x751 FREA A Chapel o RRTNlJR' Hill A Township .a w �XFIELQ RLa Qs'..•`.r' b > yU rhD vx V' ■ 0 ��%,p5S1i5. �i, U) 2 s TEER� tFA.n RD ' Bingham 15 I Township y011 sF 501 �� bQ ':r F•�1 RALLrGhR sou IN ^t +;N �■ S��r; ��4 � 15 � f 501 ,r, . r•y 1 Y Town of Garrboro Town of Hillsborough � ! Townships Chatham iiiiiiiiii=M,les Town of Chapel Hill City of Mebane orange County Planning and Inspections Brian Carson(221 412018) DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D Potential Broadband Service Area Expansion i 49 I , I f I r I 6� I I 57 r a6 r r, r r + l I + r +` y 70 I 1 - OAI i H 74 f q I b I f I + r i r i i I 15 ! i 501 r t� i Existing Cable Service , ® Areas (Data Source: + NCBroadband) -- - --_, Underserved Areas - � N i in=3 miles ORANGE A, C©LIIVTY o t Miles Orange county Planning and Inspections Brian Carson(2114 2018) DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D Telecommunication Sites in orange County I$9 157 86 s57 9 iG 70 - + i »A I F 70 i 1 � 86 i I' r W 501 15 54 L �J 15 F� + _ ! -�- Sal * Properties to be held in reserve. No tower development without BOCC Approved Tower i Monopole approval and there are no other viable 0 Locations (3!2212{]12)* � collocation opportunities on surrounding Electric Transmission facilities. Structure Type Water Tower N 1 in=3 miles Rooftop ❑ Guyed ° , Miles Lattice Orange County Planning and Inspections Department GI5 Map Prepared by Brian Carson.2/14/2018 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband Cover Sheet Orange County, NC Broadband RFP #5251 June 1 2018 Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband Response is respectfully submitted by: Legal Name of Applicant: Open Broadband, LLC Name and Title of Manager/CEO: Alan Fitzpatrick Mailing Address: PO Box 723 Street Address: 201 N High St. City/State/Zip: Waxhaw,NC 28173 Phone: 704-237-0102 Email: Alan @openbb.net Name and Title of Project Contact: Alan Fitzpatrick CEO PO Box 723 Waxhaw,NC 28173 704-237-0102 Alan @openbb.net Legal form: Open Broadband, LLC is a North Carolina Limited Liability Corporation FEIN: 81-4019167 Fiscal Year-End Date: December 31 North Carolina Secretary of State: C2016 270 00880 Project Summary—see next page Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband Proiect Summary Information Open Broadband, LLC will deploy broadband services to Areas 1,2,3 and 10 in the map below: Unserved Areas ----------- ----- i r { Fr49 2 o E • a� j 5 s s3 -E Ire } o w d + 0+e 0006 yi 00• 0 , • 7 0 w 0 • ! •° o i �• �o a r r 8 g' . 1 2 �0 0 + 2 2 is 3 5 ° Sor 4 5 5 5 3 % ° 10 ' 7 2 8 48 i 11° 1 g 4 0 0,0 10 • Addresses Wdhin Unserved Areas to-y NONE=Lg� Q Cock with 5 We Diameter 0 + 2 Lt*N'W NM Ma So"NO"BG JX"MV 24t4 orow cAXftr RAmng Any Irk Unserved Areas p OMW OrVW carq GM nut 7JX2ntee If*XVA3q Of rM asa Bc m 16M T8 Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband Project Summary Information Service Area Map areas 1,2,3 and 10 Start Date Date initial grant payment is received Completion Date 3-year project Technology Hybrid fiber and fixed-wireless Potential households Area 1: 578 addresses within 2.5 miles of towers Potential households Area 2: 714 addresses within 2.5 miles of towers Potential households Area 3: 834 addresses within 2.5 miles of towers Potential households Area 10: estimated 500 addresses within 2.5 miles of towers Potential addresses near hub location in Hillsborough 4071 addresses (mix of resi and biz) Potential businesses minimal in Areas 1,2,3, 10 Amount requested $ 500,000 Amount from vendor $ 1,354,000 Total Project Cost $ 1,854,000 Minimum Speed 25Mbps download Maximum Speed Gigabit(1000Mbps) Monthly cost of least expensive residential plan $30-40/month The technology used will be a hybrid of fiber and fixed-wireless. It consists of the following components: • Data Center with multi-carrier BGP routed internet upstream bandwidth. • A leased point-to-point fiber circuit from the data center to the water tower site in Hillsborough • Fixed Wireless antennas operating in various frequencies, including I I Ghz for backhaul and 5 GHz and below for customer connections. This includes the 3.5-3.7GHz spectrum used by LTE/CBRS and the upcoming release of the CBRS spectrum, and selected use of 2.4Ghz where applicable. • Select use of fiber loops where clusters of homes/businesses make it economically viable See network diagram on following page. Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband ((C Intcrntt Multiple Carriers Tower Location Leased Fiber Circuifls) Community 3 IK Communty2 Fiber loops where feasible Community 1 We use a hybrid network design as we've found it to be the most cost effective, fastest to install technology that results in the fastest broadband speeds and lowest cost to consumers. Fiber alone often does not make economic sense in rural areas due to the high cost of installation and having to pass every property on the route. Wireless alone can have limitations on bandwidth and network expansion. A hybrid approach takes the best of each technology,using fiber for high bandwidth to the data center and community clusters, while using last mile fixed-wireless to quickly turn up just those users who subscribe to the service. Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband Service Offerings in Orange CountyL Open Broadband offers internet service speeds starting at 25 Mbps and going up to 1000 Mbps (available on fiber and line-of-sight customers within 2500 ft. of an antenna). Where possible we offer service in symmetrical mode,where the upload speed equals the download speed. This applies to all fiber customers and line-of-sight fixed-wireless customers. Service is available to anyone; resident, business, school, or government agency. Target Residential monthly pricing for Orange County by speed levels are: • 25 Mbps x 3 Mbps (In densely wooded areas)—target price range $30-40/mo • 25 Mbps x 25 Mbps—target price $40-50/mo • 60 Mbps x 60 Mbps—target price $60-70/mo • 100 Mbps x 100 Mbps—target price $80-90/mo • Gigabit(1000 Mbps x 1000 Mbps) Pricing is on an individual case basis depending on the cost to serve. Please see the RFP response for more detail on the proposed projects. Thank you for the opportunity to respond to the RFP. We welcome questions and additional conversations about working together to foster greater broadband service. Alan Fitzpatrick CEO Open Broadband, LLC 704-237-0102 Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband RFP #5251 Response for Orange County, NC Broadband Service to Unserved and Underserved Areas June 1 2018 Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband Response is respectfully submitted by: Open Broadband, LLC PO Box 723 Waxhaw,NC 28173 http://openbb.net Contact person: Alan Fitzpatrick CEO 704-237-0102 alan(a,OpenBB.net Either email or phone is fine for communication Legal form: Open Broadband, LLC is a North Carolina Limited Liability Corporation FEIN: 81-4019167 Tax Year: Calendar FCC Registration Number (FRN): 0026202879. North Carolina Secretary of State: C2016 270 00880 /s/Alan Fitzpatrick /s/Kent Winrich Alan Fitzpatrick—CEO Kent Winrich - CTO Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband EXECUTIVE SUMMARY Open Broadband, LLC (http://openbb.net) is a privately held ISP headquartered in Waxhaw,NC. We offer a hybrid fiber and fixed-wireless broadband solution to unserved and underserved areas. We currently offer service in Gaston County, Wayne County, Mecklenburg County, and Stanly County, and are in discussions for Pilot Programs in Chatham County and Alexander County. Our mission is to provide service to unserved and underserved communities. Our service includes residential and business internet from 25Mpbs to 1000Mbps, and public Wi-Fi Zones for towns, universities, and parks. We provide service to various municipal entities including town halls,police stations,parks and recreation, public works, fire stations, and an airport. Our gigabit (1000 Mbps) service is provided to entrepreneurship centers in Gaston and Mecklenburg Counties, and we have a proposal submitted to do the same in Alexander County. We welcome the opportunity to bid on internet service and public Wi-Fi Zones in Orange County, and to entrepreneurship centers within the county. Open Broadband is engaged in economic development in the communities in which we work. Our CEO founded CharlotteHeartsGigabit.com, one of the leading advocacy groups in the country on promoting broadband, and NC Hearts Gigabit, the equivalent statewide effort which recently held an interactive conference at the NC Rural center April 20, 2018. Our founders spoke at Gigabit City Summit and Gigabit Cities Live events, Broadband Communities conferences, the Connect(x) Wireless Conference, and brought Mozilla to Charlotte to host a Gigabit 101 Workshop. We co-hosted a 5 city Gigabit Hackathon (GIGHacks) in Charlotte, and emceed an ethical hacking competition in Wilson NC. Our CEO is on the City of Charlotte's Digital Inclusion Steering Committee, focusing on closing the digital divide. A member of our team is an experienced trainer of Digital Literacy and Digital Inclusion programs. We offer a series of classes to help residents leverage internet access for job search, medical information, education, and other applications critical to being successful in society today. We believe broadband infrastructure is an essential need, similar to electricity, and everyone needs home access. Open Broadband was founded by 2 veterans of the telecom industry each with 25+years of operations providing broadband service. We saw the great need for broadband connectivity in underserved areas and decided to form a company, Open Broadband LLC, to address it. The company is partnered with Lumos Networks, a 100+year old fiber-based service provider in the Mid-Atlantic region for our data center and internet upstream connectivity, and the town of Wilson NC for our customer call center. This RFP response is solely on behalf of Open Broadband LLC, however, we are open to partnering with other entities to expand coverage, speed deployment, and/or bring greater financial resources to bear. This includes serving as a vendor to another entity if the county wants another company to be "lead"but desires Open Broadband as a subcontractor. Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband Project Summary Information The technology used will be a hybrid of fiber and fixed-wireless. It consists of the following components: • Data Center with multi-carrier BGP routed internet upstream bandwidth. • A leased point-to-point fiber circuit from the data center to the water tower site in Hillsborough(to be negotiated) • Fixed Wireless antennas operating in various frequencies, including 24 GHz and I IGhz for backhaul and 5 GHz and below for customer connections. This includes the licensed 3.5-3.7GHz spectrum used by LTE/CBRS and the upcoming release of the CBRS spectrum, and selected use of 2.4Ghz where applicable. • Select use of fiber loops where clusters of homes/businesses make it economically viable ((C Internet Multiple Carriers Tower Location Leased Fiber Circuit(s) r� r—. Community 3 Community 2 Fiber loops where feasible Community 1 We use a hybrid network design as we've found it to be the most cost effective, fastest to install technology that results in the fastest broadband speeds and lowest cost to consumers. Fiber alone often does not make economic sense in rural areas due to the high cost of installation and having to pass every property on the route. Wireless alone can have limitations on bandwidth and network expansion. A hybrid approach takes the best of each technology,using fiber for high bandwidth to the data center and community clusters, while using last mile fixed-wireless to quickly turn up just those users who subscribe to the service. Service Availability Our network is designed with the following specifications: • Data Center: SSAE 16 compliant, PCI DSS compliant, and HIPAA compliant. The data center is staffed 24x7x365 and has a 99.999%network uptime guarantee. Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband • Fiber circuits are ordered on carrier backbones with a 99.999% network uptime guarantee. • Fixed-wireless antennas are rated for 99.99%uptime. • Fixed-wireless circuits are designed to withstand typical weather patterns including heavy rain, winds, and snow. • 11GHz fixed-wireless backhaul circuits are licensed links to avoid interference. • Consumer connections in the 3.5 —3.7 GHz and 2.4GHz spectrum are designed to work through, or around obstructions such as heavy foliage. Open Broadband Service Offerings in Orange County: A key differentiator in our service is we do not force the customer to bundle services in order to get a low rate. Our rate is a stand-alone price for the service. Unlike the large carriers we do not use `teaser rates' which go up after 12 months. Our price is the price, and for residential users there is typically no contract. Also there are no data caps, no overage charges, and no throttling. We offer flat rate billing with no surprises. Our intentions are to provide the rural areas in our state with broadband speeds and prices as close as possible to the metro areas. It should be noted by the County that some users may be located in areas where there are technical challenges. Our intention is to offer service to everyone,but there are likely to be some users that require additional build costs. We prefer not to charge this upfront to the user, but we may require a term commitment from the user in order to recoup the additional costs to serve. Open Broadband offers internet service speeds starting at 25 Mbps and going up to 1000 Mbps (available on fiber and line-of-sight customers within 2500 ft. of an antenna). Where possible we offer service in symmetrical mode,where the upload speed equals the download speed. This applies to all fiber customers and line-of-sight fixed-wireless customers. Service is available to anyone; resident, business, school, or government agency. Target Residential monthly pricing for Orange County by speed levels are: • 25 Mbps x 3 Mbps (In densely wooded areas)—target price range $30-40/mo • 25 Mbps x 25 Mbps—target price $40-50/mo • 60 Mbps x 60 Mbps—target price $60-70/mo • 100 Mbps x 100 Mbps—target price $80-90/mo • Gigabit(1000 Mbps x 1000 Mbps) Pricing is on an individual case basis depending on the cost to serve. Open Broadband is agreeable to develop unique pricing and/or packages for key community stakeholders and populations (e.g., government, community colleges, universities and K-12 facilities. Several of these stakeholders in other counties have signed with Open Broadband as a result of our superior value proposition. See section later in this document on special pricing. Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband Optional Services: 1) Public Wi-Fi Zones: Open Broadband can provide free public Wi-Fi Zones in parks, communities, and business areas. The Wi-Fi Zone can include IP cameras for surveillance capability for law enforcement, and we can implement a complete IP surveillance system as needed. Wi-Fi Zones are an ideal expansion of our fixed-wireless design, and can be added in just about any area selected by the county. A user does not need to be a customer of Open Broadband to utilize free public Wi-Fi Zones. Pricing will be dependent on the desired coverage area. Map of the downtown Belmont Wi-Fi zone we deployed, covering north and south Main St and Stowe Park is shown below: 4 W. ` f � y n Y, t � y Google Open Broadband is under contract for free public Wi-Fi zones in Belmont,NC, Mount Olive, NC, the sports complex in Berkeley Park in Goldsboro,NC, and free Wi-Fi coverage of the sports complex at Pfeiffer University's campus in Misenheimer,NC in Stanly County. Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband 2) Another optional service is for Public Housing communities. Open Broadband is under contract with the City of Charlotte to provide free public Wi-Fi service to 136 family units in the Dillehay Courts community. Residents can access the network from any phone/tablet/laptop simply by selecting the Wi-Fi SSID and logging in. Similar service can be provided to Public Housing communities in Orange County. A diagram of the Dillehay Courts Wi-Fi coverage is shown below: Untitle ark i� a, Open Broadband,LLC PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband Open Broadband's primary point of presence in Orange county Open Broadband will lease fiber circuit(s) from our data center in Charlotte NC to a central location in Orange County. We selected the Hillsborough Water Tower as the ideal location for our point of presence, and fiber termination location. This water tower is shown in the following images: f_ r . • q � 1 t' F P AMUL- # r d r — From this water tower Open Broadband will implement a combination of licensed 11 GHz and an unlicensed 5 GHz link to towers to the north, identified in the image below. Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband 9d O Prospect Hilt {, ea O s7 O', � { f Rougemont Carr & & ,s� Pleasant Grave McDade si 4 Cedar Growe Bahai walkers1h. AF ley 5 GHz g 11 GHz 0 Green Level Woodlavrn :D 'Cl 0 1 M4ane Heather Glen 0 l Miles land ��� � WiNaw Ridge o r,�b roar 11 GHz Il Hawfields 11 GHz O t,si {I Born Ent. `,s7 Q_ Braggtown Windy F! . Hlll Farm a Bla%aood � DWar71 5 0 0 Eubanks Q �=' d Teem Q O -- d d The five orange dots in the above image are tower locations. Going left to right, the towers are a water tower, a fire station tower, an American Tower cell phone tower, and a Crown Castle cell phone tower. We request free use of the county owned/controlled towers as part of the RFP, but know that there will be a recurring cost for the two cell towers and a potential lease cost for the Hillsborough water tower. Open Broadband will need a small amount of space and power at each site for our electronics. If awarded the RFP, Open Broadband will deploy service in Areas 1, 2, 3, and 10 in the map in Exhibit I and as described below. While Hillsborough is not considered an underserved community, Open Broadband will offer service in the community as an alternative option for customers, including a Gigabit offering to qualifying sites from the water tower. Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband Project Area 1 —Northwestern Orange County Provide service in Unserved and Unserved areas in northwestern Orange County. The county estimates 23 unserved houses in this area, and 578 addresses in a 2.5-mile radius. Another report showed up to 1605 underserved homes in the 5-mile vicinity. 4� 9 To serve this area Open Broadband would need access to the tower located at the fire station identified by the red X above, and shown in the following image: Open Broadband plans to implement fixed-wireless technology for this area, using a combination of 3.5 GHz LTE/CBRS /CBRS fixed wireless and 5 GHz fixed wireless. 3.5GHz is best suited for non-line-of-sight applications, going through trees and structures in roughly a 2-mile radius. Anticipated speeds on these antennas will be 25 Mb x 3 Mb. 5 GHz wireless will be utilized whenever there is clear line-of-sight, or near line-of-sight to homes. This frequency can support speeds over 100 Mb x 100 Mb, and go up to 5 miles. Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband Given the terrain of the area we anticipate many customers will require the 3.5GHz connections. A rough map of the unserved area indicates 2-mile service availability up to the northern county line as shown below. _ o y .M. .L For Area 1 Open Broadband will deploy 3.5 GHz LTE/CBRS /CBRS and 5 GHz systems. The LTE/CBRS /CBRS service will be asymmetric, with speeds of 25 Mb x 3 Mb and higher where available. The 5 GHz service will be offered in symmetric mode, starting at 25 Mb and going to 100 Mb and above where line-of-sight supports the speed. Service is unlimited, with no data caps or overage charges. Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband Area 2—Northeastern Orange County Provide service in Unserved and Unserved areas in northeastern Orange County. The county estimates 28 unserved houses in this area and 714 addresses in a 2.5-mile radius. Another report showed up to 1114 underserved homes in the 5-mile vicinity. 2 t � � A 1 t Ib Cell Tower ! To serve this area Open Broadband would need to lease space on the cell phone tower near the corner of 57 and 157, identified by the red X above, and shown in the following image: r The cell tower only provides partial coverage of Area 2.To better serve this area a tower may need to be placed in the northern part at the green X in the picture below. Our quote includes the potential cost of a tower,with the assumption of a favorable lease rate on the land. Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband a p. Wi I J- 00 Ilk 9 19 V1 Tower A F ; r supposed . .- 5, Open Broadband plans to implement fixed-wireless technology for Area 2, using a combination of 3.5 GHz LTE/CBRS fixed wireless, and 5 GHz fixed wireless. As stated previously, LTE/CBRS based technology is best suited for non-line-of-sight applications, going through trees and structures in roughly a 2-mile radius. Given the terrain of the area we anticipate many customers will require the LTE/CBRS connections. Pricing and speeds will be similar to Area 1. A rough map of the unserved area above indicates 2-mile service availability into the northern unserved area, but not completely covering it. Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband Area 3 —Central-North Orange County Provide service in Unserved and Unserved areas in Central-North Orange County. The county estimates 55 unserved houses in this area, overlaps with the underserved homes in Areas 1 and 2. The county reports 834 addresses in this area. V,0 wr: � I G I 0 ip Open Broadband would need access to the small water tower, and lease space on the Crown Castle tower. Both will be served with wireless backhaul from the Hillsborough Water tower. See pictures below: Crown Castle Tower l 5 Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband Small Water Tower Open Broadband plans to implement fixed-wireless technology from both towers to cover Area 3, using a combination of 3.5 GHz LTE/CBRS fixed wireless, and 5 GHz fixed wireless. As stated previously, LTE/CBRS based technology is best suited for non-line-of-sight applications, going through trees and structures in roughly a 2-mile radius. Given the terrain of the area we anticipate many customers will require the LTE/CBRS connections. Pricing and speeds will be similar to Areas 1 and 2. A map of the unserved area below indicates near full coverage across the unserved area. S6 I IfIVater Tower Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband Area 10— Southern Bingham Township in southwestern Orange County Provide service in Unserved and Unserved areas in southwestern Orange County, covering Area 10 in Bingham Township. The county estimated number of unserved homes in this geographic area is 60. Businesses in this area tend to be small, and unless unique requirements arise they will be treated the same as residential for the purposes of the project. 0 .� 0 8 $ 0 � i M 0 .t] 4 10 4 The same technologies and service speeds offered in Areas 1, 2, and 3 will also be offered in Area 10. Open Broadband agrees to complete substantially all Work included within 36 months of Notice-to- Proceed. Pilot Program Funding Request: The 3-year budgeted cost of deploying and operating the network described above is $1,854,000. •high-level breakdown of the 3-year costs are as follows: Leases for Towers and Fiber $ 321,000.00 Equipment: Network and Customer w/licenses $ 597,000.00 Network, Eng,Operations Labor costs $ 486,000.00 Local Area/Project Manager and Marketing $ 306,000.00 Call Center $ 144,000.00 $1,854,000.00 •more detailed budget will be made available once Open Broadband has been awarded the UP. Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband Open Broadband requests $500,000 from Orange County to contribute to the Pilot Program. Open Broadband will be responsible for all remaining costs. In addition to serving the unserved, Open Broadband believes there is strong potential to gain customers that are underserved(a `halo effect') and customer revenue growth will make the venture profitable by year 4. Project Payments: Upon award of contract: $260,000 Contract date plus 120 days: $ 80,000 Contract date plus 210 days: $ 80,000 Contract date plus 300 days: $ 80,000 Total: $500,000 The start date for the project will be the date initial funds are received. These initial funds will be used for network build. The first customer will have active service within 6 months of start date. 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 salary and benefits of employees, travel,professional development, equipment, and contracted services directly related to the contract activities. Indirect costs are expenses incurred that are necessary for general company activities, including payroll, human resources, administration, and IT support. Open Broadband will open a bank account specific to the Orange County project, and monthly financial reports will be provided to Orange County by a licensed CPA. Expansion of service will continue over 36 months to cover Areas 1, 2, 3, and 10. Performance Measures: • Minimum broadband speeds offered: Open Broadband will build a broadband network to meet a minimum of 25Mb x 3 Mb speed. Measurement will be made via online speedtest results. County may pre-define locations where such speed tests will be made. • Coverage Area: Open Broadband will build a broadband network to reach 90%+ of the areas in the Scope of Work. The county may designate specific addressed within the target areas where service speeds will be tested. Open Broadband will invite Orange County to tower installation days to view the work taking place. Pictures of antenna and equipment installation will also be taken and provided via the monthly reports. The monthly reports will display activated customers by their address. • Faster speeds: To the extent possible, Open Broadband will offer faster speeds to qualifying locations that can be technically served. Gigabit(1000Mb) service will be available where Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband technically feasible by fixed-wireless technology from the identified tower locations in the Scope of Work. • Service Pricing: Open Broadband will advertise broadband service pricing on our website at the rate ranges quoted above. Open Broadband further agrees that rates will not increase above the ranges during the 36 months. • Construction Fee: Open Broadband's standard approach is not to charge a large construction fee. However,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 Open Broadband is assured of payment over a defined time-period. A second solution is to charge the customer a special construction charge. Open Broadband agrees to build out the network to ensure fewer than 3% of end-users are in this situation. Open Broadband will identify end-users in this situation on the monthly reports. Special Pricing—Provide services to the County and stakeholders within the county Open Broadband provides service to various municipal entities including town halls,police stations,parks and recreation, public works, fire stations, and an airport. Our gigabit(1000 Mbps) service is provided to entrepreneurship centers in Gaston and Mecklenburg Counties, and we have a proposal submitted to do the same in Alexander County. Preferential Pricing for Business Partners: Open Broadband will offer service to any Orange County Designated Partner at a rate 10% below the lowest cost competitive bid. Project Reporting Record Keeping. Open Broadband shall maintain financial and other records that specifically show the use of the Funds exclusively for the purposes of the completing the activities in the Scope of Work. Open Broadband shall maintain such records for at least three (3) years after the end of the agreement. Orange County 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, Open Broadband's records relating to the expenditure of the funds. Written Reports. Open Broadband shall submit written reports (described below)relating to the expenditure of the funds and the progress of the funds purposes. Open Broadband shall submit to Orange County in writing the following reports: • Monthly Reports. On or before the 15th of each month, Open Broadband shall submit a use-of-funds report for the previous month, compliance with the terms of the 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. Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband • Final Report. Open Broadband shall submit to Orange County 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. • Other Reports. In addition to the above reports, the Open Broadband shall comply with the reasonable requests of Orange County for other reports. Open Broadband shall also make its personnel available at the reasonable request of Orange County to discuss expenditures, records and the progress of the Funds Project. Interconnection Open Broadband has several options for interconnection to other areas and carriers. 1)we may add additional licensed 11 GHz or unlicensed 24 GHz antennas on the tower to enable gigabit+ wireless connections to other towers to expand coverage. 2)we may order additional point-to- point fiber circuits from our data center to a second location. 3) we may order cross connects in our data center to other carriers. 4)we may add a second data center in the Raleigh area. Access to County Controlled Assets As described in Section 3 of the RFP, Open Broadband requests access to vertical assets that are owned by the county or allow county providers to access them. We request that Orange County leverage existing business relationships with some or all of its partner organizations, e.g., municipalities, schools, colleges and universities, to facilitate access agreements inclusive of the Hillsborough Water Tower and other such vertical assets. Open Broadband also requests the county to provide assistance and support to Open Broadband if/when applying for North Carolina or Federal grants used to address unserved and underserved areas of Orange County. MDUs Open Broadband's approach to serving MDUs is to provide a high-speed internet connection to the primary building telco box/closet, and utilize existing coaxial cable, Ethernet cable, or Wi-Fi to reach each unit. If the MDU is a new construction, we will work with the builder to optimize the design of high-speed internet throughout the community. Business districts, business parks, and residential communities The vast majority of our targeted unserved and underserved areas are rural, however there are pockets where neighborhoods and businesses are clustered. For each of these areas we evaluate the need of the users and will deploy either a fixed-wireless solution or a GPON fiber-to-the- premise solution. The latter will require a high adoption rate as cost is based on buildings passed, not just those that sign up for service. For this reason, we are likely to initially provide service in these areas with fixed-wireless until high adoption rates make it more attractive for fiber. If/when fiber is an attractive investment in these areas, our plans are to install one or more outdoor enclosures with GPON fiber splitters designed for 16:1 up to 32:1. From the enclosures we build a network of fiber optic cables in conduit(if buried) or on poles if aerial. An optical network terminal is placed on the side of each business or home. Our use of GPON technology is similar to how Google Ober and T-ing lutemet deploy their fiber-to-the-premise network Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband Roles and Responsibilities • Network design—Open Broadband • Network construction—Open Broadband, our partner Lumos Data Centers, and selected vendors for tower climbing and fiber builds as needed • Network operations and management—Open Broadband and Lumos Data Centers • Customer support—Open Broadband and Greenlight • Publicly available information—Open Broadband • Marketing and outreach—Open Broadband Technology We believe in solving the customer need regardless of technology, and will deliver service over fixed-wireless, fiber, or a hybrid depending on the situation. Our fiber-to-the-home solution leverages GPON technology, the same technology deployed by Google Fiber and Ting, Our fixed-wireless service leverages a variety of spectrums, depending on the area being covered. These options include white space channels, LTE/CBRS 3.5 GHz, non-licensed bands of 2.4GHz, 5GHz, 24GHz, and 60-70 GHz, and licensed bands at 11 GHz, and 80 GHz. The wireless design consists of placing antennas on tall structures/towers and beaming signals to another antenna at a customer location. For close-in line-of-sight customers we can deliver 1000 Mbps speed using 60 GHz. For line-of-sight customers farther from the tower, we are delivering symmetrical speeds up to 100 Mbps using the 5GHz frequency. Fixed-wireless technology is impacted by vegetation and line-of-sight factors. In areas with heavy vegetation we have to use the lower frequencies (white space, 2.4 GHz, or LTE/CBRS at 3.5 GHz), and as a result, target 25 Mbps down by 3 Mbps up in those areas. Some of the unserved and underserved areas in Orange County fall into this category. Fixed wireless radios and antennas are readily available from distributors in North Carolina, including Double Radius in Indian Trail. Vendors include Ubiquiti, IgniteNet, Bai Cells, RF Elements, Mimosa, Cambium, and Carlson. The technology we are deploying is state of the art with an expected minimum life span of 5 years. Open Broadband will install maintain, and upgrade its network equipment as needed to maintain high service levels. Open Broadband owns all network equipment and does not expect the County to hold a lease on any equipment. Video and phone service Video services are not provided by Open Broadband, but we will support the wide variety of commercially available over-the-top service options such as Sony VUE, Sling.ty, YouTube.ty, Netflix and others. Our high-speed service easily accommodates multiple video streams, allowing households to have multiple video streams happening simultaneously. Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband For phone service we recommend several VoIP options that include an ATA (analog telephone adapter)that connects to our internet service. Service is less than$20/month/line. Other solutions such as magicJack offer a full year of VoIP service for$35. Rather than provide our own video and VoIP services we simply point customers to these commercially available offerings which work well with our broadband service. Customer Support Through our relationship with the City of Wilson, the 24x7x365 Call Center at Greenlight supports 80% calls answered within 30 seconds. Users may also submit support requests 24x7x365 via the website. Some service requests can be resolved in a self-service manner by the FAQs, others within minutes over the phone with the call center agent. Other service requests may require on-site support(e.g. storm damage) and thus longer repair times including next business day. We strive to provide superior customer service, and are offering SLAB to businesses and anchor institutions as described in the next section. Storm damage, downed trees, lightning damage, etc. will result in longer times to repair. Our overall approach to meet or beat the SLAB offered by the major ISPs in the metro areas (Spectrum, CenturyLink, AT&T, etc.). Business and anchor institutions (government, schools, etc.)will receive priority restoration service. These customers have active monitoring and proactive identifications of outages, enabling Open Broadband to addresses issues even prior to the customer becoming aware they have an issue. We offer these groups an SLA of 99.95% service availability, with the ability to receive service credits if we are unable to perform (excepting Acts of God events). These groups will also receive out-of-business-hours on-site support per our agreements with our local maintenance crews. Residential customers have the 24x7 support previously described, and we will make best efforts to resolve troubles as fast as possible. While individual homes are not proactively monitored or include SLAB, the network as a whole is proactively monitored by Open Broadband engineering support. We will take action on service issues as identified through our network alarming,prior to any user trouble submission. The Call Center is staffed 24x7x365, and all customers (SLA and non) call into this center. All calls are immediately handled according to the nature of the trouble and the call center agent's ability to resolve it over the phone. All calls not resolved by the agent are dispatched to either Open Broadband Engineering, or our on-site maintenance crews. Normal hours of operation of these groups is Monday through Friday from 8 am—5 pm, with the exception of Tier 1 and Tier 2 clients identified below. Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband Priority is first given to Tier 1 organizations, such as hospitals, government, schools, airports, and other important anchor institutions. Tier 2 priority are business clients, with the priority being their hours of operation. Service restoration efforts may require the business to have a person on-site, and will therefore need to be scheduled. We support on-site, off- hours/nights/weekends for Tier 1 and Tier 2 clients. Tier 3 priority is standard residential service, and could possibly require a site visit and need to be scheduled. This tier includes the 24x7x365 phone support previously mentioned, as well as the ability to email tickets and use of the FAQ section on the website. However, in order to provide low rates to our customers, this tier level does not include night/weekend on-site support. If/when needed, on-site support for residential issues will be the next business day. Key Management and Staffing Key Open Broadband, LLC resources include: Alan Fitzpatrick, CEO, Linkedln: https://www.linkedin.com/in/alanfitzpatrick/ Kent Winrich, CTO, LinkedIn: https://www.linkedin.com/in/kentwinrich/ Jason Crawford, VP of Operations, LinkedIn: https://www.linkedin.com/in/jasonrcrawford/ Jeff Pressly, Area Manager, LinkedIn: htt2s://www.linkedin.com/in/jeff-pressly-208a4ab/ Open Broadband shall appoint a competent Area Manager with general authority to manage the Project. Orange County 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 Orange County. If, in the opinion of the Orange County, Open Broadband's Area Manager, and or any Subcontractor on the Project is incompetent or otherwise unsatisfactory, the county shall inform, in writing, Open Broadband's CEO. Open Broadband 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 county. Any change in Area Manager or Subcontractor shall be made by Open Broadband with no increase in the project payment if and when directed by the county. Open Broadband shall attend all progress conferences and all other meetings or conferences either in-person or via conference call. Open Broadband shall be represented at these progress conferences by the Area Manager and by such other representatives as the county may direct. Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband Backgrounds of the Open Broadband, LLC Founders: Alan Fitzpatrick, CEO, has over 25-years' experience (LinkedIn Profile: https://www.linkedin.com/in/alanfitzpatrick): • COO of DC74 Data Centers in Charlotte, NC, providing internet service from 50Mb to IOGb to business customers in the greater Charlotte region. While at DC74 Alan spearheaded the build of the region's first internet peering exchange. • Global VP of Network Services at ACN in Concord NC. Led the engineering and operations functions for the company serving residential users in the U.S., Canada, Puerto Rico, and 14 countries in Europe. • Senior Vice President of US LEC Corp., a competitive telecom provider based in Charlotte NC, serving internet to business customers in 27 cities, from Miami to New York to New Orleans. Alan led the Engineering,NOC, and Vendor Management functions for the publicly traded company. • Prior to US LEC Alan was VP of Engineering for NET-tel Communications in Washington DC, Director of Engineering for CTC Communications in Concord,NC, and a variety of functions in engineering and operations for AT&T in Georgia and Florida servicing both residential and business internet customers. Kent Winrich, CTO, has over 25-years' experience (Linkedln profile: htlps://www.linkedin.com/in/kLnlwnfich): • Director of Broadband and Infrastructure at Fibrant (City of Salisbury municipal network),providing internet service from IOMb to IOGb to residential, educational and business customers in Salisbury NC. • Senior Engineer at Hibernia Media. Responsible for the complete European Fiber Optic Network for Hibernia, from Dublin to Moscow, working with large data users, and provided service from 50Meg to 10OGigs. Kent led the worldwide engineering team as well as planning for bandwidth needs throughout Europe. • Head of Broadcast Services at Vidyo. The VidyoCast division of Vidyo offered broadcast quality video encoding over the open internet. He was responsible for all connectivity and engineering worldwide, and performed in countries such as India,New Zealand, Peru, Singapore, South Africa, and throughout Europe and the US. • Director of Engineering at Clear Channel. Kent was in charge of all transmission facilities from high power AM stations, to FM to Microwave, as well as all real estate assets and all things technical. He was also responsible for interacting with the FCC to ensure all FCC rules were followed and was responsible for every FCC license. • Kent also has experience at BAE Systems, where he was stationed at Ft Bragg, performing propagation predictions, antenna design, as well as training soldiers on RF and electrical theory. Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband As evidenced by the background specifics identified above, the Open Broadband founders have a great deal of experience building and operating some of the highest quality broadband networks in the world. We've served institutions and organizations with the highest uptime requirements, and built Network Operations Centers to support these high demands. We understand how to alarm for network conditions, and to build processes for technical support and troubleshooting. Open Broadband has built a team of highly experienced telecom veterans with expertise in wireless and fiber. We are uniquely equipped to bring the latest in high-speed broadband to underserved markets, while instilling the same level of customer and technical support required by the largest companies in the world. We have spent a lifetime in the craft. Background of the company Open Broadband, LLC is a privately owned ISP, organized in the state of North Carolina, and financed through private investors. (North Carolina Secretary of State: C2016 270 00880) Our fiber and data center partner is Lumos Data Centers, part of Lumos Networks, a 100+year old fiber-based company headquartered in Virginia. We design and build a hybrid fiber and fixed-wireless network that brings broadband to rural North Carolina. Our network design utilizes fiber from our data center to towers hosting our fixed-wireless antennas. We also deploy fiber to select neighborhoods and areas that justify the cost. We believe in getting fiber as deep into the community as possible, and serve the last mile in a hybrid of point-to-multipoint wireless and fiber-to-the home. As experienced telecom industry veterans, we've built personal connections with most of the major carriers in the U.S. Our data center relationship with Lumos Data Centers in Charlotte gives us access to 12 carriers for internet upstream connectivity and for leasing point-to-point fiber circuits. We have carrier contracts with Spectrum, Level 3, and Spirit, and have access to several others including AT&T, Windstream, and CenturyLink. For Customer Call Center operations,we are partnering with the City of Wilson to use the same call center used for the Greenlight broadband network. Alan Fitzpatrick and Kent Winrich are the two founders of Open Broadband, LLC, and the company has additional private investors. Open Broadband is happy to provide copies of our North Carolina organization documents and financial documents upon award of the RFP. Areas of Cooperation This RFP response is solely on behalf of Open Broadband LLC, However, we are open to partnering with other entities to expand coverage, speed deployment, and/or bring greater financial resources to bear. This includes serving as a vendor to another entity if Orange County determines another company is best suited as a"lead"but desires Open Broadband to deliver services as a sub-contractor. Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband We are also in discussion with Chatham County to implement broadband service in the areas immediately adjacent to Orange County. We are open to a consolidated effort with a combination of county RFPs to leverage our network build in that area to benefit both counties. Disposition of Assets in event of project termination We understand and appreciate the need for the County to preserve the goals of the RFP in the event the project(s) are terminated. In the event Orange County determines that Open Broadband has failed to comply with the terms of the Agreement, Open Broadband, upon receipt of written notice from Orange County of said Default, shall immediately return all unexpended funds as of the date of the Default, to Orange County and the county may, among other legal remedies available, terminate the Agreement. E-Verify and Living;Wage All Open Broadband employees are authorized to work in the US. Since we have fewer than 25 employees we are exempt from E-Verify filings. However, if awarded the RFP and Orange County requires us to go through the process,we will do so. All of our employees exceed the living wage objective set by Orange County. Other Information, advice, counsel At Open Broadband, we believe that once broadband infrastructure is available, the conversation quickly shifts to `how do you leverage iff.. Through our efforts with NC Hearts Gigabit and Charlotte Hearts Gigabit we can bring both an economic development, and a Digital Inclusion focus to Orange County. Open Broadband would be happy to help in these efforts, regardless of the carrier selected for County broadband services. Thank you for the opportunity to respond to the RFP. We welcome questions and additional conversations about working together to foster greater broadband service. Alan Fitzpatrick CEO Open Broadband, LLC 704-237-0102 Open Broadband,LLC I PO Box 723.Waxhaw,NC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D openbroadband Exhibit 1 Unserved Areas 1 2 r J ° ° i � 8 1 cE! P ►J i i a o r o a c t 70 � d k 8 rt r r eD �I I 7 0 ( r va t $4 o d k 9 °¢° J 1 23 .. `.` 08 9 2 2 3 55 4 1 ° 4 5 _►' 5 s 6 32 7 2 1M1 4© cs a4 °? 8 8 4 43 000 10 ---- - -- 11 16 -'-rc • Addresses Within llnservedAreas NONE=v rw e5 0 Circle th 5 Mile Diameter �:`'''' A c 1 IJF� d A�Caa:source:Wtlorai Borxibmd Map 2414 C-9E•-ruin Rwn n3 aM Irgp b3. U Pkserved Areas ulswam*r.omrge Cal tS IzeE n31 gaar;3"01e amffatyor00 data. EC 41 E,123'£ Open Broadband,LLC I PO Box 723.Waxhaw,INC 28173 1 704-237-0102 www.openbb.net DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D STATE OF NORTH CAROLINA AFFIDAVIT ORANGE COUNTY I, (the individual attesting below), being duly authorized by and on behalf of !� _���,n Vf-o"' J (the entity bidding on project hereinafter"Employer")after first being duly sworn hereby swears or affirms as follows: 1. Employer understands that E-Veri is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies,or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS§64-25(5), 2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify in accordance with NCGS§64-26(a). 3. Employer is a person, business entity,or other organization that transacts business in this State and that employs 25 or more employees in this State. (mark Yes or No) a. YES or b. NO 4. Employer's subcontractors comply with E-Verify,and if Employer is the winning bidder on this project Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer. This day of ) 201_ f Signature of Affiant �} Print or Type Name: /y-la" State of North Carolina County n Signed and sworn to (or affirmed) before me,this the 0. day of 1201 - W Z 0 My Commission Expires: V) CD Notary Public -- DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D 13. Certification by Vendor The attached statements and exhibits are hereby made part of this application and the undersigned representative of the applicant certifies that the information in this application and the attached statements and exhibits is true, correct and complete to the best of his/her knowledge and belief. He/She further certifies that: 1. As authorized representative, he/she has been authorized to file this application by formal action of the governing body; Z. That the governing body agrees that if a grant or award of contractfrom the Orange County is awarded, the applicant will provide proper and timely submittals of all documentation requested by the County; 3. That the governing body agrees to provide for proper operation and maintenance of the project after its completion; 4. That the applicant has substantially complied with or will comply with all federal, state and local laws, rules and regulations and ordinances as applicable to the project. Signature of Grantee/Au orized Representative A (C( VI F-t.1�-;4 GZ_ C' tc — CEO Typed Name and Title Date Checklist for Additional Forms: Please enclose the additional items before submitting: i'Cover sheet ET"Project Proposal (see guidelines in Section 11) 15 DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D Y SUMMARY OF INSURANCE T��T'�H..�YE 111i�'iT'FORD FOR: OPEN BROADBAND LLC Prepared:9/5/2018 PO BOX 723 WAXHAW NC 28173 Phone: FAX: BY: HOME OFFICE NUTMEG INS AGENCY INC/PHS 210775 PO BOX 29611 CHARLOTTE NC 28229 Phone: FAX: (888) 443-6112 ACCOUNT POLICY RECAP Policy Number Eff Date Exp Date Premium Spectrum 76 SBU BB7998 04172018 04172019 Twin City Fire Ins Co POLICY DETAIL Policy Spectrum Property Coverages - Form Limit Deductible Location 001 Building 001 201 N HIGH STREET WAXHAW, NC 28173-8944 Comm'l Liability Coverages - Applicable to all policy locations Each Occurrence $2, 000, 000 Damage to Premises Rented to You $1, 000, 000 Medical Expense (Any One Person) $10, 000 Personal & Advertising Injury $2, 000, 000 General Aggregate $4, 000, 000 Product/Complet Operation Aggregate $4, 000, 000 Umbrella Liability $1, 000, 000 Hired Non-Owned Auto Liability $2, 000, 000 EMPL PRACTICES LIAB COVG $10, 000 CYBERFLEX LIABILITY EXCLUSION TECHNOLOGY SERVICES EXTENSION FAILSAFE MEGA TECHNOLOGY E & 0 $1, 000, 000 $5, 000 TERRORISM Class Description Detail Code Premium Basis LOCATION 001 Internet Access & Service 11041 $225, 000 Provider This summary and its attachments provides high level overview of policy coverages and does not include all conditions, limitation or exclusion. Please refer to the actual policy forms for detailed coverages, limits and deductibles. DocuSign Envelope ID:A8E51 BF8-6EBC-4632-A21 F-FE02EF5B133D E5,/ATE(rl MIDDtY'YYY) �--- kor- c i irhoA i E ur sLmBILITY INSURANCE 7/2018 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER_ IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement_ A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME- PHONE NUTMEG INS AGENCY INCf PHS .E-d (NC N.): (888) 443-6112 210775 P: F: (888) 443-6112 x ""� : PO BOX 29611 1NSURER(5)AFFORDING COVERAGE NAICN CHARLOTTE NC 28229 INSURrRA: Twin City °Tre Co lM UREU INSURER 9: INSURER C: OPEN BROADBAND LLC INSURERD- PO �7 v'�i�7 X 723 �j INSURER E: Y YALIL].riYY NC 28173 INSURER F: COVERAGES CERTIFICATE.NUMBER: REVISION NUMBER: THIS IS 7O CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LNSR 7yP9tat INSTINANGE ADD4 SVOR ADLKYNUAIBF.R POLICY EFF PLLl(.'YEXP l.l�sM (hj'N/J71,Vf' COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s2, 000, 000 CLAIMS-MADE n IpCCIJR DAMAGETORENi'-0 �1, 000, 000 T LLLy��� PREMISES(Ea oecurrence} (� (}/ry A X General Liab X 76 SBD BB7998 04/17/2018 04/17/2019 MEDEXP("oneperson) .510, 000 PERSONAL&ADV INJURY s21, 000, 0 0 0 Gi7N°L AGGREGATE LIMIT APPLIES PER! GENERAL AGGREGATE 54, 000, 0 0 0 POLICY JPRO-LX LOC PRODUCTS-COMPIOP AGG ,4,0 0 0, 0 0 0 OTHER; AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT +� (Ea accident} 2 1 0 0 0, 000 ANY AUTO BODILY INJURY(Per person) A AUTOS OWNED ONLY AUTOS SCHEDULED AUTOS 76 SEO BB7996 04117/2018 04/17/20119 BODILY INJURY(Per aocident) X HIRED X NON47WNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) 6 X UMBRELLA Ling x OCCUR EACH OCCURRENCE $1, 000, 000 A EXCESSLIAI] CLAIMS-MADE 76 SBIJ 13137998 04/17/2016 04/17/2019 AGGREGATE $1, 000, 000 DE X RETENTION s3 0,0 0 0 $ w"PUL2S nsrrnsarro.+ aSR [!rk .a.NAiiAIMPA!'h.&J'LL•1H,Q,t77" STATUTE ER. ANY PROPRIETORIPARTNER/E9(ECUTIVelM E.E EACH ACCIDENT $ OFFICEPJMEMBEREXCLUDED? �°� WA IA4andatory in NH) I I E.L DISEASE-EA EMPLOYE If yes,describe under L� 5 E.L DISEASE POLICY LIMIT UE5C.WP71QN OF OPERATIONS telow� DESCMP770M OE OPERA770NS f LOCA77ONS 1 VEHiLjlpMRp 1D1,Additional Remarks Schedule,may he attached it mare space is required) Those usual to the Insured's Operations- Certificate holder is an additional .insured per the Business (liability Coverage Farr[( SS0008 attached to this policy- CERTIFICATE HOLDER CANCELLATION ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. NATIONAL MILLS LLC AUTHORIZEDRrEPRESENTARVE 710 CATAWBA ST STE D BELMONT, NC 28012 01988-2015 ACORD CORPORATION.All rights reserved ACORD 25(2016103) The ACORD name and logo are registered rrtarks of ACORD