HomeMy WebLinkAbout15- Between Bozeman Downtown Tax Increment Finance District and Design Nine, Inc for Downtown TIF District Fiber Engineering and Network DesignPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 91h day of April, 2015, by and between
the BOZEMAN DOWNTOWN TAX INCREMENT FINANCE DISTRICT, an agency of the
City of Bozeman, which is a self-governing municipal corporation organized and existing under the
laws of the State of Montana, with a mailing address of 222 East Main Street, Suite 302, Bozeman,
Montana, hereinafter referred to as "TIF," and, DESIGN NINE, INC., 2000 Kraft Drive, Suite
2200 Blacksburg, VA 24060, hereinafter referred to as "Contractor."
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: TIF agrees to enter this Agreement with Contractor to perform for TIF
services described in the Scope of Services attached hereto as Attachment "A" and by this reference
made a part hereof.
2. Term/Effective Date: This Agreement is effective upon the date of its execution.
3. Scope of Work: Contractor will perform the work and provide the services in
accordance with the requirements of the included Scope of Services. For conflicts between this
Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement
governs.
4. Payment: TIF agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs
above the Agreement amount will be performed by Contractor after written request by the TIF, and
will become an additional charge over and above the amount listed in the Scope of Services. The
TIF must agree in writing upon any additional charges.
5. Contractor's Representations: To induce TIF to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Professional Services Agreement for Downtown TIF District Fiber Engineering and Network Design
FY 2015 — FY 2016
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Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of
Services.
b. Contractor represents and warrants to TIF that it has the experience and ability to
perform the services required by this Agreement; that it will perform said services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this
Agreement shall not infringe upon or violate the rights of any third parry, whether rights of
copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever,
or violate any federal, state and municipal laws. The TIF will not determine or exercise control as to
general procedures or formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that
Contractor is an independent contractor for purposes of this Agreement and is not to be considered
an employee of the TIF for any purpose. Contractor is not subject to the terms and provisions of the
TIF's personnel policies handbook and may not be considered a TIF employee for workers'
compensation or any other purpose. Contractor is not authorized to represent the TIF or otherwise
bind the TIF in any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers' Compensation
Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter
71, MCA. Contractor shall maintain workers' compensation coverage for all members and
employees of Contractor's business, except for those members who are exempted by law.
Contractor shall furnish the TIF with copies showing one of the following: (1) a binder for
workers' compensation coverage by an insurer licensed and authorized to provide workers'
compensation insurance in the State of Montana; or (2) proof of exemption from workers'
compensation granted by law for independent contractors.
Contractor shall indemnify, defend, and hold the TIF harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnitv/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the TIF and the City of Bozeman, its agents, representatives, employees, and officers
Professional Services Agreement for Downtown TIF District Fiber Engineering and Network Design
FY 2015 — FY 2016
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(collectively referred to for purposes of this Section as the "TIF") from and against any and all
claims, demands, actions, fees and costs (including attorney's fees and the costs and fees of and
expert witness and consultants), losses, expenses, liabilities (including liability where activity is
inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith
and without limit and without regard to the cause or causes thereof or the negligence of any party or
parties that may be asserted against, recovered from or suffered by the TIF occasioned by, growing
or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional
misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the
Contractor's agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the TIF harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
willful misconduct of the Contractor or Contractor's agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of this Section
must not be construed to negate, abridge, or reduce any common-law or statutory rights of the
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor's indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by TIF.
Should any indemnitee described herein be required to bring an action against the Contractor
to assert its right to defense or indemnification under this Agreement or under the Contractor's
applicable insurance policies required below the indemnitee shall be entitled to recover reasonable
costs and attorney fees incurred in asserting its right to indemnification or defense but only if a
court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or
was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof.
In the event of an action filed against TIF resulting from the TIF's performance under this
Agreement, the TIF may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the TIF or its officers, agents
or employees, including the right of contribution for loss or damage to person or property arising
from, growing out of, or in any way connected with or incident to the performance of this
Agreement except "responsibility for his own fraud, for willful injury to the person or property of
another, or for violation of law, whether willful or negligent" as per 28-2-702, MCA.
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FY 2015 — FY 2016
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These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor's expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and obligations
specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any
exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the TIF without
limit and without regard to the cause therefore and which is acceptable to the TIF and Contractor
shall furnish to the TIF an accompanying certificate of insurance and accompanying endorsements
in amounts not less than as follows:
• Workers' Compensation — statutory;
• Employers' Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000
annual aggregate; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The TIF and the City of Bozeman,
its officers, agents, and employees, (collectively referred to for purposes of this Section as the
"TIF") shall be endorsed as an additional or named insured on a primary non-contributory basis on
both the Commercial General and Automobile Liability policies. The insurance and required
endorsements must be in a form suitable to TIF and shall include no less than a sixty (60) day notice
of cancellation or non -renewal. The TIF must approve all insurance coverage and endorsements
prior to the Contractor commencing work. Contractor shall notify TIF within two (2) business days
of Contractor's receipt of notice that any required insurance coverage will be terminated or
Contractor's decision to terminate any required insurance coverage for any reason.
The TIF must approve all insurance coverage and endorsements prior to the
Contractor commencing work.
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FY 2015 — FY 2016
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8. Termination for Contractor's Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or
fails to perform any of its obligations under this Agreement, or otherwise breaches
any terms or conditions of this Agreement, the TIF may, by written notice, terminate
this Agreement and the Contractor's right to proceed with all or any part of the work
("Termination Notice Due to Contractor's Fault"). The TIF may then take over the
work and complete it, either with its own resources or by re -letting the contract to
any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
C. Any termination provided for by this Section 8 shall be in addition to any
other remedies to which the TIF may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost
business opportunity, lost productivity, field office overhead, general conditions
costs, or lost profits damages of any nature arising, or claimed to have arisen, as a
result of the termination.
9. Termination for TIF's Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the TIF,
make it advisable to the TIF to cease performance under this Agreement TIF may terminate
this Agreement by written notice to Contractor ("Notice of Termination for TIF's
Convenience"). The termination shall be effective in the manner specified in the Notice of
Termination for TIF's Convenience and shall be without prejudice to any claims that the TIF
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for TIF's Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the TIF. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
Professional Services Agreement for Downtown TIF District Fiber Engineering and Network Design
FY 2015 — FY 2016
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C. In the event of a termination pursuant to this Section 13, Contractor is
entitled to payment only for those services Contractor actually rendered on or before the
receipt of the Notice of Termination for TIF's Convenience.
d. The compensation described in Section 13(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity,
lost productivity, field office overhead, general conditions costs, or lost profits damages of
any nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor's Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor's damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide TIF with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within ten (10) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives:
a. TIF's Representative: The TIF's Representative for the purpose of this
Agreement shall be Chris Naumann, Downtown Bozeman TIF District Director, or such
other individual as TIF shall designate in writing. Whenever approval or authorization from
or communication or submission to TIF is required by this Agreement, such communication
or submission shall be directed to James Goehrung as the TIF's Representative and
approvals or authorizations shall be issued only by such Representative; provided, however,
that in exigent circumstances when TIF's Representative is not available, Contractor may
direct its communication or submission to other designated TIF personnel or agents as listed
above and may receive approvals or authorization from such persons.
b. Contractor's Representative: The Contractor's Representative for the
Professional Services Agreement for Downtown TIF District Fiber Engineering and Network Design
FY 2015 — FY 2016
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purpose of this Agreement shall be Andrew Cohill, Design Nine President, or such other
individual as Contractor shall designate in writing. Whenever direction to or
communication with Contractor is required by this Agreement, such direction or
communication shall be directed to Contractor's Representative; provided, however, that in
exigent circumstances when Contractor's Representative is not available, TIF may direct its
direction or communication to other designated Contractor personnel or agents.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a TIF of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
fees and charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers'
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County,
and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
14. Nondiscrimination: The Contractor will have a policy to provide equal
employment opportunity in accordance with all applicable state and federal anti -discrimination
laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a
person from employment, or discriminate against a person in compensation or in a term, condition,
or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital
status, national origin, actual or perceived sexual orientation, gender identity, physical or mental
disability, except when the reasonable demands of the position require an age, physical or mental
disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title
VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations
promulgated thereunder. The Contractor shall require these nondiscrimination terms of its sub -
Contractors providing services under this agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training:
Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or
illegal drugs, by any employee or agent engaged in services to the TIF under this Agreement while
on TIF property or in the performance of any activities under this Agreement. Contractor
acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S.
Professional Services Agreement for Downtown TIF District Fiber Engineering and Network Design
FY 2015 — FY 2016
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Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse
prevention plans and related testing. TIF shall have the right to request proof of such compliance
and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing his employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor's rights, including the right to compensation or duties arising
hereunder, without the prior written consent of TIF. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the TIF demonstrating Contractor's compliance with the
requirements of this Agreement. Contractor shall allow the TIF, its auditors, and other persons
authorized by the TIF to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the TIF.
18. Non -Waiver: A waiver by either parry any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party's right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
19. Attorney's Fees and Costs: That in the event it becomes necessary for either Party
of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement
or to give any notice required herein, then the prevailing Party or the Parry giving notice shall be
entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel
to include City Attorney.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
Professional Services Agreement for Downtown TIF District Fiber Engineering and Network Design
FY 2015 — FY 2016
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21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior -level
personnel from each parry duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor's indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
27. No Third -Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third -party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties
Professional Services Agreement for Downtown TIF District Fiber Engineering and Network Design
FY 2015 — FY 2016
Page 9 of 10
other than as set forth in this Agreement. All communications, either verbal or written, made prior
to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of
this Agreement by reference.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN
DOWNTOWN TIF DISTRICT
By:
Chris Naumann, TIF Director
APPROVED AS TO FORM:
B ,
Greg Sullivan, Bozeman City Attorney
DESIGN NINE, INC.,
CONTRACTOR
c�
By:
Andrew Cohill, Design Nine President
Professional Services Agreement for Downtown TIF District Fiber Engineering and Network Design
FY 2015 — FY 2016
Page 10 of 10
DESIGN NINE
we build networks that perform
March 27, 2015
Mr. David Fine
City of Bozeman
Design Nine and its partners Access Consulting is pleased to respond to the City of Bozeman request for a Scope Of
Work for engineering and network design for the Downtown TIF District.
Our years of experience designing, engineering, and building high performance, state of the art fiber networks gives
the City the experience and know-how to be successful.
We understand that time is of the essence. We understand that the work has to be completed in 60 days or less, and
we are prepared to meet that commitment while delivering the entire set of deliverables needed to move to the con-
struction and procurement phase.
We are prepared to start work as soon as we have an Authorization to Proceed from the City.
We are confident that we will not only meet, but exceed your expectations for this work, and can do so affordably. We
look forward to the opportunity to work with you.
Sincerely,
41L�L'-G
Andrew Michael Cohill, Ph.D.
President
Page 1 of 9
Alk
-DESIGN NINE
we build networks that perform
We understand that it is our job to design a comprehensive fiber optic cable, conduit, and maintenance hole solution
for the Bozeman Downtown TIF District. Because the boundaries of the TIF District encompass parts of the Fiber
Master Plan Phases 1 and 2, the scope of this project will include pieces of both phases.lhe design will include the
downtown loop of Phase 2 and the extension from downtown to Willson School from Phase 1. Further, this design
will integrate with the downtown sidewalk project so that the greatest amount of joint construction can be accom-
plished.lhe deliverables for this project will include: bid -ready, PE -stamped engineering drawings for all buried fiber,
preliminary design drawings for use in the Make -Ready design (by Access or others) for all aerial fiber locations, a
bill of materials for all buried fiber, and bid -ready technical specifications.
Page 2 of 9
DESIGN
NINE
we build networks that perform
Staff Assigned to the Work
Sid Boswell, Senior Network Engineer/Project Manager
Boswell has extensive experience with the design, development, and management of broadband networks. Boswell
will report to City staff, provide regular status reports on the progress of the work, and be responsible for keeping the
project schedule on time. Some of his recent accomplishments include:
® Project manager for the stimulus -funded FastRoads project in New Hampshire, which includes 120 miles of
fiber backbone and fiber to the home in two communities.
® Project manager for AccessEagan, the open access network Design Nine has designed and built for the City of
Eagan, Minnesota.
® Project manager for Phase One (integrated fiber and wireless) for The Wired Road in Virginia.
� Technical lead for the carrier class open access network for the City of Palm Coast, Florida.
� Improved broadband provisioning development program operational efficiency by introducing stage entrance
criteria and cross -project issue, risk and jeopardy management for Comcast.
� Led a proactive data quality audit team for Comcast which uncovered revenue recovery opportunities on the
order of $2M every six months.
� Plotted a multi-year operational strategy for AT&T to supplant current technologies with a `cybernated' net-
work with an IP MPLS/Optical core and a multi -service edge.
Paul DeWolfe, PE
p Port of Clarkston (WA) Fiber Optic Network — Principal (2012-2014)
p MSU Wireless LAN Deployment — Principal in Charge (2012-2014)
® MSU AJM Johnson Data Center — Principal in Charge (2010-2012)
® Montana State Broadband Project, Regional Planning — Technical Consultant (2011)
® Montana State Broadband Project, Tribal Outreach —Technical Consultant/Co-Facilitator
(2012-2014)
® Montana & State of North Dakota Broadband Mapping — Consultant (2010-2011)
P Grand Forks (ND) Broadband Development Roadmap — Principal Consultant (2007-2008)
® State of Montana Professional Engineer 11455, State of California Professional Civil Engineer 48970, State of
Colorado Professional Engineer 34058, State of Idaho Professional Engineer 9048, State of Washington Pro-
fessional Engineer 32063, State of Wyoming Professional Engineer 8315
Matt Bussing, Network Engineer
Bussing has extensive experience with the design, development, and management of broadband networks. Some of
his recent accomplishments and related activities include:
Technical lead for a $2 million dollar network expansion of The Wired Road, project included
middle mile fiber, last mile fiber, tower construction, point to point wireless and broadcast wire-
less design.
> Bussing worked extensively on the New Hampshire FastRoads fiber network, including pre -
construction planning, detailed network design, and early network construction cost estimates.
He was the project manager for a $1 million FTTH expansion of The Wired Road network.
Network architecture design for the 60 mile fiber backbone for the RANA project.
Page 3 of 9
DESIGN NINE
we build networks that perform
Travis Kukay, PE
Port of Clarkston (WA) Fiber Optic Network — Project Engineer (2012-2014). Designed route and managed
construction of open access fiber network. Phase 1, completed 2013, serves Port District. Phase
2 and 3 (2014) will serve City of Clarkston and new industrial park. Engineering work included
permitting and joint use applications. q
6 Crazy Mountain Ranch Fiber Network — Project Engineer (2011). Designed 4.75 miles of bur-
ied fiber to serve as the backbone to multiple ranch facilities and security gate entrances. Project
completed in 2011. Engineering services included construction documentation including path-
way and fiber/conduit specifications/details.
p State of Montana Professional Engineer 15167
Pete Weber, Project Engineer
® Port of Clarkston (WA) Fiber Optic Network — Network Designer, Specification Writer, Construction Man-
ager (2012-2014). Designed route and managed construction of open access fiber network. Phase 1, completed
2013, serves Port District. Phase 2 and 3 (2014) will serve City of Clarkston and new sustainable industrial
park. Engineering services included permitting and joint use application with Avista Utilities.
> The Resort at Paws Up IT Infrastructure — Project Manager, Network Designer (2004 — Pre-
sent). Principal consultant for design and construction of 40 building fiber optic network to sup-
port TV, internet and voice services for 140 -bed guest ranch. Also, designed and managed pro-
curement of VOIP telephone system and related telco services and designed/built wireless LAN
extensions to remote buildings.
® Montana State University Wireless LAN Deployment — Project Manager, Designer (2012-
2014). Provided WLAN designs for all academic and residential buildings on Bozeman campus.
Installed and programmed eight Aruba Networks wireless LAN controllers on three campuses.
Provide operational support for ongoing wireless LAN operations.
® Aruba Networks Certified Mobility Professional, Proxim Certified Wireless Engineer
Andrew Shaver, Broadband Analyst
Shaver has deep experience with the mapping, layout, and design of broadband networks. He works closely with sur-
veyors and engineers to produce the required GIS -based maps and geocoded data need to produce construction bid
documents. Some of his recent work includes:
All fiber route design, layout, and mapping for Bozeman Fiber. Shaver worked with City of Bozeman GIS staff
to produce the maps needed for the planning phase of Bozeman Fiber.
® Shaver produced all of the maps and demand analysis work for a Dakota County, Minnesota broadband study.
This work included mapping more than a dozen independent fiber networks, laying out new fiber routes, and
mapping basic infrastructure of the county and 11 cities.
Route design, layout, and cost estimates for a new open access fiber network planned for Decatur, Illinois.
Route and fiber layout, cost estimate work for a planned fiber network in Blacksburg, VA.
Page 4 of 9
DESIGN NINE
we build networks that perform
Engineering Scope Of Work
Survey and map routes, produce detailed engineered drawings of aerial and underground fiber routes. Develop bills of
materials required for procurement and construction. Develop construction bid documents.
® Conduct field surveys of proposed service areas. Assess percentage of aerial vs. underground construction.
Document pole owners, develop estimated make ready costs based on actual pole conditions. Identify potential
construction trouble areas to the owner.
® Produce GIS or CAD maps of service areas based on data collected in field surveys.
® Develop initial bills of materials.
® Review bills of materials with network designers.
p Develop complete strand and cable fan out maps for all network segments.
p Specify fiber allocations for splice cases and patch panels.
� Develop engineering cost estimates for the Downtown TIF District.
® Estimate percentage of underground and aerial construction.
p Estimate aerial make ready costs and coordinate make ready study with electric utility.
� For underground cable, estimate typical construction methods and costs (e.g. direct bury, directional boring,
trenching, slot cutting, etc.).
> Provide construction specifications for cabinets (pad and/or platform specifications).
Specify electric service requirements, electric cable drop construction, generator requirements (e.g. auto switch-
ing equipment, fuel tank requirements).
� Prepare pre-bid construction cost estimates.
� Prepare bid -ready technical specifications.
® Coordinate with gas company if any gas lines are crossed.
p Track the process of signing any agreements needed with the gas company.
p Coordinate with existing pole owners, electric utility, and 3rd party attachees about agreements and fees.
® Track the agreement process and ensure it is signed and all fees have been paid.
� Coordinate with existing telecom owners about completing necessary make ready work.
® Track any agreements that are needed and ensure all fees have been paid.
Page 5 of 9
DESIGN NINE
we build networks that perform
Network Engineering and Specification Scope Of Work
Develop high level network architecture for the Downtown TIF District. Evaluate and select network equipment that
meets the specific project goals and requirements.
p Develop high level network architecture requirements for the Downtown TIF district.
® Determine core, distribution, and access network performance requirements.
® Identify core network design characteristics (e.g. MPLS, flat Ethernet core; 1/10/40 Gig backbone).
D Develop logical network map that identifies key network components.
® Identify equipment vendors and equipment platforms to evaluate for core, distribution, and access portions of
the network.
® Identify OSS/BSS (Operations Support Systems/Billing Support Systems) candidate software and network
monitoring software options.
� If needed, issue RFI to vendors to collect additional information on equipment.
� Identify cabinet or shelter requirements
® Develop estimates of fiber cable strand counts.
P Identify passive equipment items and requirements (e.g. splice closures, hand holes, huts and shelters, cabinets,
equipment racks, patch panels, UPS, generators).
Page 6 of 9
—DESIGN NINE
we build networks that perform
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Page 7 of 9
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DESIGN NINE
we build networks that perform
Deliverables
1. Bid -ready, PE -stamped engineering drawings for all buried fiber
2. Preliminary design drawings for use in the Make -Ready design (by Access or others) for all aerial fiber loca-
tions.
3. A bill of materials for all buried fiber.
4. Bid -ready technical specifications for the entire project. These specifications will call out all materials, quality
and testing requirements for the entire (aerial and buried) project.
5. Network Architecture Document
1. Specific IP Subnets and IP address allocation for management
2. Service Provider VLAN allocation
3. Quality of Service (QoS) Definitions
4. Operational Support Service (OSS) specification
5. Network Element Configuration
6. Cabinet or Shelter specification and layout
6. If needed, RFI for Network Equipment
7. Bill of Materials for Network Equipment
Deciding between aerial and buried fiber construction
The first significant design decision that must be made for the Downtown TIF fiber project is whether to bury the
fiber or install it on the existing utility poles. Aerial fiber can be significantly less expensive than buried fiber in urban
settings, but will involve an approval process involving all pole owners and other joint users. The process for making
this decision includes the following steps:
• Identifying the preferred routes for the fiber, including the location of aerial or buried splice enclosures along
the route. The location of splice enclosures willbe driven by the number and location of possible network cli-
ents along the route.
• Determining pole ownership along those routes and establishing joint use agreements with those owners. This
will typically be Century Link and Northwestern Energy, but other pole owners are possible.
• Negotiating responsibility for the cost and execution of the make ready work with pole owners and other joint
users. Note that this make ready study is normally completed by the pole owner's consultant and the cost of this study
is not included in the Design Nine Scope of Work.
• Performing a make ready design for each pole along the route. This is the process of determining what work
must be done to each pole to make it ready for the installation of the new fiber and estimating the cost of that
work.
• Developing a total cost of construction estimate, including the make ready costs, for the aerial fiber installation.
• Developing a schedule of the joint use approval process and construction timeline for the aerial fiber.
• Evaluating the cost and schedule of buried fiber against that of aerial fiber to determine the best construction
method for this project. Other criteria that may factor into this decision will include the ease of adding drops to
clients given either construction type.
Page 8 of 9
DESIGN NINE
we build networks that perform
Fee Schedule
Design Nine will bill monthly based upon a time and materials basis with a Not To Exceed amount of $57,500 for the completion
of all work and deliverables. Note that this amount does not include any third party make ready studies required by pole owners
(who usually require their own consultants to perform that work. Timesheets will accompany all bills. All normal and ordinary
travel expenses will be billed at actual cost and travel costs incurred are included in the Not to Exceed amount. Recipts will be
provided for all travel expenses.
Professional Services as described in the attached Scope of Work shall be completed based upon the following schedule.
Hourly Rates
Work requested outside of the Scope of Work will be billed at the rates below, per written orders.
Rate Schedule for Staff Hourly Rate
Principal Engineer $115.00
Project Manager/Senior Network Engineer $115.00
Network Engineer $98.00
Engineer $98.00
GIS/CAD and drafting work $58.00
Financial And Contractual
Invoices are payable within 45 days. Interest is, therefore, charged in the event of non-payment within 60 days. An interest rate
of 1% per month will be charged to the unpaid balance.
Page 9 of 9