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HomeMy WebLinkAbout2019-065-E IT - Tower attachment agreement DocuSign Envelope ID:3F5DFA23-EAEB-4F98-A868-F9A3E4B04BA7 [Departmental Use Only] TITLE Tower Antenna Agmt FY 2019 NORTH CAROLINA TOWER ANTENNA AGREEMENT ORANGE COUNTY This Tower Antenna Agreement (hereinafter "Agreement"), made and entered into this 5th day of February, 2019, ("Effective Date") by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Open Broadband LLC, organized and existing under the laws of the State of North Carolina (hereinafter, the "Provider"). WITNESSETH: The term "Tower" is defined as a structure that may stand apart from or be attached to another building or structure. Examples include radio towers, cell towers, television towers, building rooftops, and water towers. WHEREAS, the County owns towers suitable for placement of fixed-wireless antennas to provide high-speed internet service; and WHEREAS, Provider desired to install, remove, replace, maintain, and operate at its expense, a wireless broadband service system facility, including mounting antennas on the towers and a weather utility service box approximately 2' x 3' to house the communications service system fixtures and equipment (or equivalent space provided by County), and necessary appurtenances; and in consideration of the provisions, terms, conditions and covenants contained herein, the County and Provider do mutually covenant and agree as follows: 1. Antenna Space and Cabling. County hereby agrees to provide space on its towers for fixed wireless antennas and mounts at locations to be selected by Provider so long as they do not cause issues with tower loading or wind shear, and do not interfere with the openings to the tower, ladders, braces, paint removal, or painting of the tower and is in full compliance with all state and/or federals laws or the rules and regulations of any agency or instrumentality thereof. As required, County also agrees to allow Provider to attach outdoor Ethernet cable to the tower to connect the antennas to electronics located at or near the tower. Provider is responsible for all installation and maintenance costs of their equipment, and will work in good faith with the County for agreeable placement locations and design. 2. Electronics and Power. County hereby grants access to Provider to place electronics at a suitable location near the tower. This may be an outdoor utility box (purchased, installed, and maintained by Provider), or a small amount of rack space in an existing room owned by the County. County will either provide a 120-volt AC power socket for the minimal power draw of the antennas, or allow Provider to install a small solar panel and batteries to supply power. There is not an additional fee for the use of the power. Power consumption will be minimal with use in the range of 1-2 amps. OC Tower Agreement 1.1 DocuSign Envelope ID:3F5DFA23-EAEB-4F98-A868-F9A3E4B04BA7 3. Term. The term of this agreement (the "Initial Term") is six months, beginning on the Effective Date. This agreement shall not be renewed except by written amendment.. 4. Rent. Both parties agree that the deployment of fixed wireless internet is an economic development benefit to the community to retain and attract jobs, helps close the `homework gap' for local residents with children desiring affordable home broadband internet, and will result in new property tax collections for the county/town. It is understood that tower space is a requirement in order for Provider to provide high- speed internet service to the community. In return for Provider making a private investment in equipment in Orange County in furtherance of an agreement between the parties to provide Broadband Service to Unserved Areas, the County agrees to make a non-monetary contribution to this investment by providing Tower space to Provider at no charge. This is a valuable consideration, and is valid only as long as Provider has made the equipment investment and is providing high- speed internet service in the community. Initial Tower Locations: -Orange County EOC, 510 Meadowlands Dr., Hillsborough, NC 2 72 78 (initial tower location, details in Attachment 1) 5. Title and Quiet Possession. The County represents and agrees (a) that it is the owner of the sites, (b) that it has the right to enter into this agreement, (c) that the person signing this agreement has the authority to sign, (d) that Provider is entitled to access the sites on either an escorted basis, or independent basis, as determined by the County. Access includes inside any security fence or area throughout the terms of the agreement so long as Provider is not in default of this agreement. 6. Installation. In no event shall Provider pierce or drill into the exterior of a water tower. Provider agrees that it will provide the County a written proposal addressing the installation of antenna and that such proposal shall be approved by the County and their representative prior to installation. Each approved proposal will be added as an Attachment to this Tower Antenna Agreement. 7. Interference. Provider will resolve any technical problems with other equipment located at the sites on the installation date. 8. Maintenance of Area. Provider shall make no alterations to the tower or related facilities which will compromise or impair the integrity of the structure. Provider shall exercise special precaution to avoid damaging the facilities of the County, and Provider hereby assumes all responsibility for any and all loss or such damage created by Provider, its employees or agents. Provider agrees to make an immediate report to the County of any installation and maintenance of Provider's facilities. General tower maintenance (painting, etc.) is the responsibility of the County. The County shall not move, disconnect or adjust, in any way, Provider's equipment without giving reasonable opportunity for the supervision of a Provider representative on site. Provider acknowledges and agrees that it shall be responsible for moving or protecting its equipment during any repairs or renovations to the tower and the County shall incur no liability to Provider for any injury, expense, or claim incurred by Provider during any such repair or renovation. 9. Indemnity. Provider shall carry insurance to indemnify, protect, and save harmless the County from any and all claims and demands for damages to property and injury to or death of persons, OC Tower Agreement 1.1 DocuSign Envelope ID:3F5DFA23-EAEB-4F98-A868-F9A3E4B04BA7 including payments made under any Workers' Compensation Laws, or under any plan for employee's disability and death benefits which may arise out of or be caused by the erection, maintenance, presence, use or removal of Provider antennas, cable, equipment and necessary appurtenances at the tower site. Provider shall also indemnify, protect, and save harmless the County from any and all claims and demands of whatsoever kind which may arise directly or indirectly from the operations of Provider's facilities, including by not limited to taxes, special charges by others, claims and demands for damages or less for infringement of copyrights, libel and slander, unauthorized use of frequencies, etc. 10. Termination. Either party may terminate this lease upon ten (10) days notice. 11. Hazardous Substance. Provider shall not introduce or use any such substance on the site in violation of any applicable law. Provider understands that if the County needs to remove the old paint and repaint the tower and the old paint contains sufficient levels of lead that it will require special handling and containment in its removal. Provider agrees to cooperate fully with the County in whatever steps are necessary for the removal of the old paint and the repainting of the tower. Provider agrees to hold the County harmless of any interruption of service or possible damage of their equipment during this process. 12. Miscellaneous. (a) This agreement applies to and binds the heirs, successors, executors, administrators and assigns of the parties to this agreement; (b) this agreement is governed by the laws of the State of North Carolina; (c) this agreement constitutes the entire agreement between the parties and supersedes all prior written and verbal agreements, representations, promises or understandings between the parties. Any amendments to this agreement must be in writing and executed by both parties; (d) if any provision of this agreement is invalid or unenforceable with respect to any party, the remainder of this agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable will not be affected and each provision of this agreement will be valid and enforceable to the fullest extent permitted by law. 13. Waiver. The failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. 14. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. 15. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. OC Tower Agreement 1.1 DocuSign Envelope ID:3F5DFA23-EAEB-4F98-A868-F9A3E4B04BA7 16. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. 17. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. 18. Insurance. Provider will maintain General Liability and Umbrella insurance coverage, a copy of which will be provided to the County. Provider will also maintain Workers Compensation Insurance, and will provide a copy of insurance to the County prior to performing any work. 19. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 20. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Open Broadband LLC Attention: Jim Northrup Alan Fitzpatrick P.O. Box 8181 PO Box 723 Hillsborough,NC 27278 Waxhaw,NC 28173 [SIGNATURE PAGE TO FOLLOW] DocuSign Envelope ID:3F5DFA23-EAEB-4F98-A868-F9A3E4B04BA7 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: F�6WMGocuSigned by: DocuSigned by: I�GUMwtt /2019 2/6/2019 By: By: Bonnie Hammers ey A anTifzpafr ck County Manager CEO, Open Broadband LLC DocuSign Envelope ID:3F5DFA23-EAEB-4F98-A868-F9A3E4B04BA7 Attachment 1 Equipment Specifications Tower Name Orange County EOC Lat/Long or Address 510 Meadowlands Dr., Hillsborough NC 27278 Tower Owner Orange County NC Height on Tower requested (ft) 100 Cable attachment method Wire wrapped to leg of tower every 3 ft. Antenna attachment method A clamped standoff to an 8 ft mast Space needed at base of tower 3 ft by 3 ft NEMA outdoor enclosure Total Power draw at base of tower 200 watts Method of internet feed Fiber circuit from CenturyLink Facility access requested 240 Radio/Antenna Ubiquiti AF-11X for P2P Type 1: wireless backhaul Frequency 11 GHz Link to product spec sheet: https://dl.ubnt.com/datasheets/airfiber/airFiber AF-11FX DS.pdf Quantity for initial install 3 Weight per unit 5 lb Physical dimensions/unit 12.87 x 4.41 x 3.39" Power Draw 36W max Associated antenna for Type 1 Ubiquiti AF-11G35 Link to antenna spec https://dl.ubnt.com/datasheets/airfiber/airFiber AF-11G35 DS.pdf Quantity for initial install 3 Weight per unit 26.12 lb (including mount) Physical dimensions/unit 31.9 x 18.1" Wind load rating/unit 346 Ibf @125 mph Baicells NOVA R9 3.5GHZ 1W(BAND Radio Type 2: 42/43) Frequency 3.65 GHz Link to radio spec sheet: https://www.ispsupplies.com/core/media/media.nl?id=917297&c=393682&h=bldlf627bflddea534f7 Quantity for initial install 3 Weight per unit 8.8 Ibs Physical dimensions/unit 13"x 8 1/2"x 4 1/8" DocuSign Envelope ID:3F5DFA23-EAEB-4F98-A868-F9A3E4B04BA7 Power Draw <65W Associated antenna for Alpha Wireless Omni Type 2 Antenna Link to antenna spec https://www.balticnetworks.com/docs/AW3089DataSheet-1.pdf Quantity for initial install 3 Weight per unit 13.2 (with mount) Physical dimensions/unit 37.3 x 6.6" Wind load rating/unit load 300N, max speed 125mph Radio Type 3 Ubiquiti Rocket SGHz Frequency 5 GHz Link to radio spec sheet: https://dl.ubnt.com/datasheets/RocketAC/Rocket5ac DS.pdf Quantity for initial install 3 Weight per unit 8.81 oz Physical dimensions/unit 6.38 x 3.31 x 1.46" Power Draw 8.5W max Associated antennas for RF Elements Horn with https:Hrfelements.com/products/wireless-broadband/symmetrical-horn-gen2/symmetrical-horn-tp- Type 3 Adaptor antenna-2/ RF Elements TwistPort https://rfelements.com/products/wireless-broadband/twistport-adaptor-for-routerboard- Adaptor gen2/twistport-adaptor-2/ Link to antenna spec https://rfelements.com/assets/Uploads/HG3-TP-S30-Datasheet.pdf Quantity for initial install 3 Weight per unit 4.1 Ibs Physical dimensions/unit 13.6 x 8.6 x 11.2 in. Wind load rating/unit 44 N @ 100 mph IgniteNet MetroLinq 60 Radio Type 4 PTMP Frequency Dual band 60 Ghz and 5 GHz Link to radio spec sheet: https://www.ignitenet.com/wireless-backhaul/ml-2.5g-60-bf-sector/ Quantity for initial install 1 Weight per unit 4.41 lb with mount Physical dimensions/unit 7.48 x 7.48 x 2.36 in. Wind load rating/unit max speed 125 mph Power Draw 48W max DocuSign Envelope ID:3F5DFA23-EAEB-4F98-A868-F9A3E4B04BA7 DATE(MM/DD/YYYY) �--� %,r-K i IrK4A I c Or UKBILITY INSURANCE 5/7/2018 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 INSURER(S),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 endorsements. PRODUCER CONTACT NAME NUTMEG INS AGENCY INC/PHS (A/c N,Ext): (AI,N.): (888) 443-5112 210775 P: F: (888) 443-6112 E-MAIL r�CC ADDRESS: PO BOX 29611 INSURER(S)AFFORDING COVERAGE NAIC9 CHARLOTTE NC 28229 INSURERA: Turin City Fire Ins Co INSURED INSURER B INSURER C: OPEN BROADBAND LLC INSURER D: PO BOX 723 INSURER E: WAXHAW NC 28173 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO 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. IhSR TITE OF INSURANCE ADDI SUB POLIGYNUAIBER POLICYEFF POLICYEXP LJWIS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s2, 000, 000 CLAIMS-MADE OCCUR DAMAGE TO RENTED s, 000, 000 1 - 1 PREMISES(Ea occurrence) A X General Liao X 76 SBII BB7996 04/17/2018 04/17/2019 MED EXP(Any one person) $1.0, 000 PERSONAL&ADV'INJURY $2, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE s4, 000, 000 POLICY�PRO-R LOC PRODUCTS-COMP/OP AGG $4, 0 0 0, 0 0 0 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) s2, 000, 000 ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED 76 SBII BB7998 04/17/2018 04/17/2019 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $1, 0 0 0, 0 0 0 h` EXCESSLUIB CLAIMS-MADE 76 SBII BB7998 04/17/2018 04/17/2019 AGGREGATE $1, 000, 000 _Dd X RETENTION s10,0 0 0 $ WORSEkSCDAfPEIVSATWN PER OTH- ANDEMPLOYERVLL9B&UT STATUTE I ER ANY PROPRIETORIPARTNER/EXECUTIVEYIN E.L.EACH ACCIDENT $ OFFICERiMEMBER EXCLUDED?_ AVA (Mandatory In NH) ❑ E.L.DISEASE-EA EMPLOYEE$ If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICPMRO 101,Additional Remarks Schedule,may be attached if more space is required) Those usual to the Insured's Operations- Certificate holder is an additional insured per the Business Liability Coverage Form SS0008 attached to this policy. 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