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					Carver County Open Fiber Initiative


          Request for Bid

  Fiber Optic Network Construction

           February 17, 2011
                                                           TABLE OF CONTENTS


SECTION I – GENERAL INFORMATION ....................................................................................................... 1
   1.0       BACKGROUND/PURPOSE.................................................................................................................................1
   1.1       VENDOR QUESTIONS AND DATES....................................................................................................................2
   1.2       RFB RESPONSE, BONDS, AFFIDAVIT, AND RFB RESPONSE OPENING .............................................................4
   1.3       BID RESPONSE FORMAT .................................................................................................................................5
   1.4       GENERAL REQUIREMENTS AND INSTRUCTIONS TO VENDORS ........................................................................5
   1.5       RESPONSE EVALUATION.................................................................................................................................6
   1.6       CONTRACT TERMS AND CONDITIONS .............................................................................................................8
SECTION II – SPECIFICATIONS.................................................................................................................... 20
   2.0       OVERALL SYSTEM........................................................................................................................................20
   2.1       SITE AND FIBER SEGMENT INFORMATION ....................................................................................................21
   2.2       PART A - BASE RING CONSTRUCTION ..........................................................................................................21
   2.3       PART A – BASE RING FIBER TERMINATIONS ................................................................................................22
   2.4       PART B – LATERAL CONSTRUCTION ............................................................................................................22
   2.5       PART B – LATERAL BUILDING ENTRANCES ..................................................................................................22
   2.6       PART B – LATERAL FIBER TERMINATIONS...................................................................................................22
   2.7       PART C – FIBER OPTIC CABLE AND CONDUIT ..............................................................................................22
   2.8       PART D – BASE RING SPLICING ....................................................................................................................23
   2.9       PART D – LATERAL SPLICING.......................................................................................................................24
   2.10      PART D – ESTIMATED SPLICING COUNTS .....................................................................................................24
   2.11      PART C - FIBER OPTIC CABLE SPECIFICATIONS ...........................................................................................24
   2.12      PART A AND B - FIBER OPTIC CABLE INSTALLATION ...................................................................................25
   2.13      PART A AND B - CONSTRUCTION ..................................................................................................................27
   2.14      PART A AND B - TESTING AND DOCUMENTATION .........................................................................................28
   2.15      PART A AND B AND C - MATERIAL WARRANTY............................................................................................30
   2.16      PART A AND B - PROJECT SCHEDULE AND IMPLEMENTATION......................................................................30
   2.17      CONSIDERATIONS IN COST DEVELOPMENT ..................................................................................................31
SECTION III – COST AND ADDITIONAL INFORMATION ........................................................................ 32
   3.0       COST INFORMATION.....................................................................................................................................32
   3.1       PROVISION OF COST INFORMATION .............................................................................................................32
   3.2       SUMMARY COST (SUMMARY COST TABLE) ..................................................................................................32
   3.3       PART A - BASE RING COST (TABLE A) .........................................................................................................32
   3.4       PART B - LATERAL COST (TABLE B) ............................................................................................................32
   3.5       PART C – FIBER OPTIC CABLE AND CONDUIT COST (TABLE C) ...................................................................33
   3.6       PART D – SPLICING COST (TABLE D) ...........................................................................................................33
   3.7       OTHER COSTS (TABLE E) .............................................................................................................................33
   3.8       WARRANTY, SUB-CONTRACTOR RELATIONS ...............................................................................................33
   3.9       CLIENT REFERENCES ...................................................................................................................................33
   3.10      ADDITIONAL INFORMATION .........................................................................................................................33
APPENDICES .................................................................................................................................................... 34

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

ATTACHMENT B – STATEMENT OF AFFIRMATIVE ACTION FOR EQUAL OPPORTUNITY
EMPLOYMENT ................................................................................................................................................ 36

ATTACHMENT C – ACCEPTANCE FORM .................................................................................................. 37

ATTACHMENT D – REFERENCES ................................................................................................................ 38
Carver County            RFB for Fiber Optic Network Construction
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                          SECTION I – GENERAL INFORMATION

1.0    Background/Purpose

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

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

The RFB has four major parts:

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

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

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

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

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

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

      The Davis-Bacon Act among other things requires that:

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

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

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

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

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

1.1       Vendor Questions and Dates

Questions and/or correspondence related to this RFB document or procurement must be in writing

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Carver County            RFB for Fiber Optic Network Construction
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and e-mailed to:
                              Randy Lehs
                              Broadband Fiber Project Manager
                              Carver County Administrative Services
                              Carver County Government Center
                              600 E. 4th Street
                              Chaska, MN 55318
                              Phone #: 952-361-1494
                              E-Mail: rlehs@co.carver.mn.us

The following project dates have been established:

       RFB Issue:                            February 17th, 2011

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

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

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

       Written Responses Provided:           March 22nd, 2011

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

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

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

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       requirements.

1.2    RFB Response, Bonds, Affidavit, and RFB Response Opening

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

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

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

        "CARVER COUNTY - RFB FOR FIBER OPTIC NETWORK CONSTRUCTION"

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

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

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

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

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

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

The vendor must include as part of their response:

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         A.      A signed affidavit of non-collusion.
         B.      A signed Statement of Affirmative Action for Equal Opportunity Employment.
         C.      A signed Acceptance Form

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

1.3      Bid Response Format

Vendors must include the following in their response:

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

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

1.4      General Requirements and Instructions to Vendors

The following must be considered in responding to this RFB.

      a. The specifications provided herein are intended to facilitate an understanding of the
         County’s needs and are to be considered the minimum requirements. It is the vendor's
         responsibility to propose a technically sound and operationally functional system.
      b. The proposed network must be designed and installed to provide a highly reliable grade of
         service. All parts, materials, and service proposed must be currently available on the market
         and in continuing production (no discontinued manufacturers or parts). Any components
         included must be new. In addition, the vendor must clearly demonstrate that they have
         installed all components needed to provide service as proposed and that those components
         or service are fully operational. Vendors must document conformance with the performance
         requirements of Section II.
      c. Each vendor is required to submit proposed contracts, catalog data, and technical
         information including design calculations and layout drawings that completely describe the
         network and associated services. Information provided will be used during the evaluation
         process. All general contents of this RFB and technical specifications herein, as well as the
         complete response of the successful vendor, will be included in any contract between the

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         County and the successful vendor.
      d. The County reserves the right to determine whether a vendor is responsive and has the
         ability and resources to perform the contract in full and comply with the specifications.
         Inability to demonstrate vendor experience will result in rejection of the response.
      e. The County reserves the right to request additional information from the vendor to satisfy
         any questions that might arise. The County reserves the right to award the contract in whole
         or in part, whichever is in the best interest of the County. All tie bids will be resolved in a
         manner which is in the best interests of the County. The County further reserves the right to
         reject any or all responses, to waive any informalities and/or to issue invitations for new
         bids.
      f. The County assumes no responsibility for understanding or representations concerning
         conditions made by its officers or employees prior to the execution of a legal contract,
         unless such understanding or representations are specifically incorporated into this RFB.
      g. Verbal discussions pertaining to modifications or clarifications of this RFB will not be
         considered part of the RFB unless confirmed in writing. Any information provided by the
         vendor verbally will not be considered as part of that vendor's response until written
         confirmation is received by the County at the address provided in this RFB.
      h. The vendor is required to review this document and to become familiar with the
         requirements necessary to make a complete response in compliance with local, state, and
         federal codes and the RFB specifications. Failure to review the provided information
         regarding this project will not relieve the vendor from submitting a complete and fully
         responsive bid.
      i. Where specific manufacturer's components and materials are listed, "equivalents or equals"
         will be considered, but technical specifications for all "equivalents or equals" must be
         included with the response. Responses without such documentation may be rejected at the
         County’s discretion. The County reserves final approval of "equivalents or equals".
      j. The County is not responsible for locating or securing any information that is not identified
         in the RFB and reasonably available to the County. To ensure that sufficient information is
         available, the vendor must furnish as part of the response, all descriptive material necessary
         for the County to determine whether the response meets the requirement of the RFB and
         establish exactly what the vendor proposes to furnish as to supplies, materials, and services.
      k. Subcontractors working for the vendor must meet all the requirements of the RFB and any
         contract between the vendor and the subcontractor must include all contract terms agreed to
         between the County and the successful vendor.

1.5      Response Evaluation

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

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

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       below.:

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

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

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

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

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

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

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


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Carver County            RFB for Fiber Optic Network Construction
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          The County will evaluate each of the four parts separately. Only one vendor for each part
          will be selected. A vendor may be awarded multiple parts.

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

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

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

1.6       Contract Terms and Conditions

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

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

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

1.6.1.3          Assignment of Interest: No party may assign or transfer any rights or obligations
                 under this Agreement without the prior consent of the other Parties and a fully

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            executed Assignment Agreement, executed and approved by the same parties who
            executed and approved this Agreement, or their successors.

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

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

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

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

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


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

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

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

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

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

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

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

            Progress payments will be subject to a 5% hold back until the network is accepted as

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Carver County            RFB for Fiber Optic Network Construction
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            specified in Section 1.6.2.

            Final payment shall also be subject to the vendor meeting all of the requirements of
            the ARRA Grant.

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

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

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

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

            a. Commercial General Liability Insurance Policy with minimum limits of
               $1,500,000 combined single limit (CSL), with coverage pertaining to premises
               operations. In the event Combined Single Limits Coverage is not secured by
               the vendor, the following minimum limits apply:

                            $3,000,000 Aggregate

                            $3,000,000 Products and Completed Operations Aggregate

                            $1,500,000 Personal Injury and Advertising Injury

                            $1,500,000 Each Occurrence

                            $ 100,000 Fire Damage Limit

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Carver County            RFB for Fiber Optic Network Construction
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                           $   5,000 Medical Expense

                   The policy should be written on an “occurrence” basis and not a “claims-
                   made” basis.

            b.     Automobile Liability Insurance including owned, non-owned, and hired
                   vehicles in an amount not less than $1,500,000 combined single limit
                   (CSL) for total bodily injuries and/or damages arising from any one
                   accident. If automobiles are not used, we must receive a letter from you
                   stating this.

            c.     Professional Liability Insurance (when required) in the minimum amount of
                    $1,500,000 combined single limit (CSL). In the event Combined Single
                    Limits Coverage is not secured by the Vendor, the following minimum
                    limits apply:

                           $3,000,000 Aggregate

                           $1,500,000 per Wrongful Act or Occurrence

            d.     Excess Umbrella Liability Policy will be additionally required if any of the
                   above policies have lower limits than stated.

            e.     Worker’s Compensation Insurance. Vendor shall comply with applicable
                   State and Federal statutory requirements.

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

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

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

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1.6.11      Independent Contractors.

            a.     Nothing contained in this Agreement is intended or should be construed as
                   creating the relationship of co-partners or joint ventures with the County.
                   No tenure or any rights including worker’s compensation, unemployment
                   insurance, medical care, sick leave, vacation leave, severance pay, PERA,
                   or other benefits available to County employees, including indemnification
                   for third party personal injury/property damage claims, shall accrue to the
                   Contractor or employees of the Contractor performing services under this
                   Agreement.

            b.     Contractor acknowledges and agrees that no withholding or deduction for
                   State or Federal income taxes, FICA, FUTA, or other, will be made from
                   the payments due Contractor and it is Contractor’s sole obligation to
                   comply with all federal and state tax laws.

            c.     Contractor shall at all times be free to exercise initiative, judgment and
                   discretion as to how to best perform or provide services identified in this
                   Agreement.

            d.     Contractor is responsible for hiring sufficient workers to perform the
                   services required by this Agreement and withholding taxes and paying all
                   other employment tax obligation on their behalf.

            e.     Contractor shall provide all the needed documentation (including payroll)
                   to comply with the requirements of the federal Davis-Bacon Act.
1.6.12      Data Privacy/Data Ownership.

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

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


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            Associate Agreement). Such Agreements shall be attached to and incorporated
            into this Agreement.

            c.      Release. No data may be released by the Contractor to a third party
            without the express consent of the County’s representative as indicated below –
            this includes any media relations.

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

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

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

1.6.13.2    Force Majeure:

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

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

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

            b.     Inability to Perform: The vendor shall make every reasonable effort to

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

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

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

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

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

1.6.13.7    Equal Employment and Americans with Disabilities

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

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

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

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

1.6.13.9    Temporary Facilities: If needed, the vendor will be required to maintain its’ own

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            storage area on the site. Storage space within the building will not be provided.

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

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

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

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

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

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

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

            Prior to final acceptance, the vendor shall restore all areas affected by the work to

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            their original state of cleanliness and repair all damage done to the premises,
            including the grounds, by the vendor’s workmen and equipment.

1.6.13.13   Special Controls: The building, project site, and adjoining property must be
            protected by the vendor from objectionable dust and wind-blown debris. In
            addition, necessary controls shall be provided to prevent pollution of the air by
            odors or particulate matter. Reasonable precautions must be exercised to prevent
            vandalism and to safeguard the public at the existing building.

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

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

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

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

1.6.15      Default and Cancellation.

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

            b.     This Agreement may be cancelled with or without cause by either party
                   upon thirty (30) days written notice.

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

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

1.6.16      Nonwaiver, Severability & Applicable Laws

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

1.6.17      Section Headings

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

1.6.18      Third Parties

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




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                              SECTION II – SPECIFICATIONS

2.0    Overall System

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

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

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

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

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

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

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

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

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Vendors responding to Part A and/or Part B that also wish to respond to Part C for fiber optic
cable and conduit, must respond to the following in the event their bid for Part C is not selected.

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

2.1    Site and Fiber Segment Information

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

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

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

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

2.2    Part A - Base Ring Construction

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

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

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

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2.3    Part A – Base Ring Fiber Terminations

The Base Ring Configuration should include:

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

2.4    Part B – Lateral Construction

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

2.5    Part B – Lateral Building Entrances

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

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

2.6    Part B – Lateral Fiber Terminations

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

2.7    Part C – Fiber Optic Cable and Conduit

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

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       A. Base Ring Fiber – Approximately 528,000 feet of single mode fiber cable for the
          following fiber count.

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

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

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

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

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

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

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

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

2.8    Part D – Base Ring Splicing

The Base Ring Configuration should include:

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

After the award and as part of implementation, the selected vendor must provide a splicing

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diagram (paper format and electronic) to the County Construction Manager. The County must
approve the diagram in writing before any splicing work can begin.

2.9    Part D – Lateral Splicing

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

2.10   Part D – Estimated Splicing Counts

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

       A. Base Ring Fiber

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

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

2.11   Part C - Fiber Optic Cable Specifications

The fiber optic cable must:

              Be an accepted product of the United Stated Department of Agriculture Rural
               Utilities Services (RUS) 7 CFR 1755.900 (PE-90) and meet the requirements of
               ANSI/ICEA Standard for Fiber Optic Outside Plant Communications Cable
               ANSI/ICEA S-87-640-2006.
              Be new and currently being manufactured – Corning single mode fiber (SMF-28),
               equivalent or better.
              Be Gopher resistant (armored)
              Fiber strands must be of ribbon cable
              Be gel free (dry)

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             Meet specifications for use in outside plant under extreme operational
              temperatures (-40 degree C - +70 degree C).
             Be constructed to provide high tensile strength and contain water-resistant and
              water-blocking blocking material.
             Each fiber ribbon cable and fiber must be color-coded in accordance with
              TIA/EIA-598-B, “Optical Fiber Cable Color Coding”
             Fiber strands must meet the following attenuation (dB/km loss) requirements:

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

2.12   Part A and B - Fiber Optic Cable Installation

For underground fiber optic cables:

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

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                      -   Provide lock bolt down system
                      -   Top of cover be 1/4 or 1/2 inch below finish surface.
                      -   Be placed on prepared sub-grade level with 4-inch gravel for uniform
                          base slab bearing.
                      -   Wall opening for conduit be water stop sealed.
                      -   Cover must be engraved indicating “CCOFI”.

             In rural areas vendors may use the following hand hole

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

2.13   Part A and B - Construction

The successful vendor must:

             Use the route for fiber optic cable installation as shown in Appendix B. Vendor
              should consult with County Construction Manager in the event of questions prior
              to cable installation.
             Secure right-of-ways and permits for this project and any private easements
              needed. The County will assist the vendor in obtaining these right-of-ways and
              permits as needed but the responsibility remains with the vendor. Permits and any
              easement cost shall be included as part of the response.
             Obtain all private entities (e.g. railways) utilities, city, county, and state approvals
              needed for installation and meet construction requirements for crossing of all
              sidewalks, streets, railroad crossings and wetlands.
             All subcontractors hired must meet the requirements of this construction.
             All work must meet local, state, and federal codes including NEC, Rural Electric
              Code, and NE Safety Code.
             Repair and restore to original condition any street, sidewalks, grass area or other
              public or private area, which might be disturbed during installation.
             Register the project with Gopher State One Call. Contact Gopher State One Call
              to locate other utilities in the area prior to construction.
             Locate private underground utilities (including watering system) on County or
              anchor institution property or request that this be done before any construction
              activity.
             Be responsible until final acceptance, for all locating services (including on
              county and anchor institution facilities) and respond to Gopher State One calls.
             Provide traffic control (signs, lane closures, etc.) as needed and as required by
              local and state traffic authorities. Vendors shall be responsible for additional

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              required ARRA related postings indicating that the project is an ARRA project.
             All construction on County or anchor institution property shall be underground.
              No aerial attachments to buildings shall be allowed. Entrance into the building
              facilities shall be below grade. Entrance shall use steel sleeves and shall extend at
              a minimum 30” from the entry point.

The vendor shall address the following items as specified:

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

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

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

2.14   Part A and B - Testing and Documentation

The successful vendor must:

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

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


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Carver County            RFB for Fiber Optic Network Construction
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                   -   Identification of location with alignment and distance set points
                   -   Use of GPS coordinates to locate items on the drawings

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

Prior to acceptance, the vendor must have:

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

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

2.15   Part A and B and C - Material Warranty

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

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

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

2.16   Part A and B - Project Schedule and Implementation


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

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

2.17   Considerations in Cost Development

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

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

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

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




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Carver County            RFB for Fiber Optic Network Construction
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               SECTION III – COST AND ADDITIONAL INFORMATION

3.0    Cost Information

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

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

3.1    Provision of Cost Information

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

3.2    Summary Cost (Summary Cost Table)

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

3.3    Part A - Base Ring Cost (Table A)

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

3.4    Part B - Lateral Cost (Table B)

Please provide one-time costs for constructing the Laterals. Cost must be provided by individual
segments. If a segment cost is dependent on another segment being built, please list all
segments that the segment under consideration is dependent on. Material cost (except for
fiber optic cable and conduit) and detailed listing should be included. Vendors must also include


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Carver County            RFB for Fiber Optic Network Construction
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unit cost for items identified in the material cost detail.

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

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

3.6      Part D – Splicing Cost (Table D)

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

3.7      Other Costs (Table E)

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

      1. Staking

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

3.8      Warranty, Sub-Contractor Relations

To be considered, RFB responses must include the following:

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

3.9      Client References

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

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

3.10     Additional Information

Vendors must include cut sheet information for materials being proposed.



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Carver County            RFB for Fiber Optic Network Construction
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                                           Appendices

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

Appendix A     -      List of site names and addresses

Appendix B     -      List of segments for Base Ring and Laterals


Cost Tables

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




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Carver County            RFB for Fiber Optic Network Construction
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             ATTACHMENT A – AFFIDAVIT OF NON-COLLUSION FORM


                                   CARVER COUNTY
                         FIBER OPTIC NETWORK CONSTRUCTION


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

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

SUBMITTED BY:
     Firm Name         ________________________________________
     Signature         ________________________________________
     Title             ________________________________________
     Address           ________________________________________
                       ________________________________________
       Phone No;       ________________________________________
       Date            ________________________________________


Subscribed and Sworn to before me
       This______________________ day of__________________2011
       Notary Public__________________________________________
       Commission Expires_____________________________________


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Carver County            RFB for Fiber Optic Network Construction
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     ATTACHMENT B – STATEMENT OF AFFIRMATIVE ACTION FOR EQUAL
                     OPPORTUNITY EMPLOYMENT

                                    CARVER COUNTY
                          FIBER OPTIC NETWORK CONSTRUCTION


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

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


                               Signed_______________________________________

                               Typed Name__________________________________

                               Firm_________________________________________

                               Address_______________________________________

                               City, State, Zip__________________________________



Subscribed and sworn to before me

This___________ day of_________________2011

_______________________________________

My commission expires____________________




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Carver County            RFB for Fiber Optic Network Construction
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                       ATTACHMENT C – ACCEPTANCE FORM


                                  CARVER COUNTY
                        FIBER OPTIC NETWORK CONSTRUCTION


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


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


       Document No.___________                    Received _________________(date)

       Document No.___________                    Received _________________(date)

       Document No.___________                    Received _________________(date)



SIGNED:       ___________________________________________________________

NAME:         ___________________________________________________________
                                 (print or type name)


VENDOR
NAME:         ____________________________________________________________

ADDRESS:      ____________________________________________________________

PHONE NO: ______________________                  FAX NO: ______________________

INCORPORATED IN THE STATE OF:________________________________________


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

                                   CARVER COUNTY
                         FIBER OPTIC NETWORK CONSTRUCTION



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



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



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



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




Feel free to provide additional references.


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