INVITATION FOR BIDS FRANCHISE AGREEMENT FOR FIBER OPTIC CABLE AT WEST MILITARY HIGHWAY FROM THE CHESAPEAKE CORPORATE LIMITS TO AND ON ABANDON ROAD

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1 INVITATION FOR BIDS FRANCHISE AGREEMENT FOR FIBER OPTIC CABLE AT WEST MILITARY HIGHWAY FROM THE CHESAPEAKE CORPORATE LIMITS TO AND ON ABANDON ROAD CITY OF CHESAPEAKE, VIRGINIA CONTRACT AGENT Scott Frechem Chesapeake Department of Public Works 306 Cedar Road Chesapeake, VA 23322

2 West Military Highway Franchise Agreement SCOPE OF SERVICES I. SCOPE OF WORK The City of Chesapeake is considering granting a franchise agreement on a portion West Military Highway to the successful bidder for the purpose of installing and maintaining fiber optic cable (Facilities). The successful bidder shall demonstrate through current and past similar projects, the professional, financial, and technical ability to install and maintain the Facilities. The successful bidder must also demonstrate that installation of the Facilities will serve the public interest. Franchise Agreement: The City of Chesapeake proposes to grant a franchise agreement for a term of twenty years to install and maintain fiber optic cable in a portion of the City s right of way along West Military Highway from the Chesapeake corporate limits to and on Abandon Road (an approximate length of two miles). The property to be subject to the proposed franchise agreement is further described in Exhibit A. The successful bidder shall be solely responsible for obtaining consent from the Virginia Department of Transportation for any Facilities to be located on right of way subject to its jurisdiction. As a precondition to the grant, the successful bidder shall enter into a franchise agreement prepared by the City, which sets forth the conditions for the construction, maintenance, and operation of the Facilities. The franchise agreement further sets forth; among other things, that the franchise is non-exclusive, subject to the City s prior rights, subject to the City s reserved right to institute a PROW use fee, and the successful bidder must maintain liability insurance and hold harmless and indemnify the City. The successful bidder shall, in good faith, negotiate with the City of Chesapeake with regard to the City s ability to share the conduits installed in the City s right-of-way and pull a minimum of six (6) pairs of dark fiber through said conduits. Fiber Optic Cable Facilities: In connection with the above, the successful bidder shall be solely responsible for furnishing all capital, labor, materials, equipment, appurtenances, incidentals, and all other items necessary to design and construct the Facilities. All engineering and all other costs, fees or other expenses, 2

3 including, but not limited to, necessary permits, related to installing and maintaining the Facilities and any costs for advertising the notice of the public hearing for the franchise agreement shall be the sole responsibility of the successful bidder. The successful bidder shall develop construction plans showing the location of the Facilities and indicate the depth at which the Facilities are to be buried. The plan shall also indicate with reasonable specificity the means of construction, including but not limited to use of conduit to protect the fiber optic cable, and traffic control plans. The plans shall be submitted to the City of Chesapeake for approval. Franchisee shall not construct or install the Facilities without first obtaining the City of Chesapeake s approval of the plans. Franchisee shall construct and install the Facilities in strict accordance with the plans approved by the City of Chesapeake. Franchisee shall make available to the City of Chesapeake, at no cost, a copy of the Construction Record Drawing for the Facilities, which the City of Chesapeake shall keep in its file. II. GENERAL CONDITIONS Bid Award: The criteria which will be considered in evaluation shall be the professional, financial, and technical ability and experience of the bidder to install and maintain the Facilities and the degree to which the said Facilities will serve the public interest, which includes but is not limited to expanding broadband service coverage, potentially lowering telecommunications service costs to citizens of the City, and potentially providing services for free or at reduced cost to the City. The Invitation to Bid may be canceled, and any or all bids may be rejected in whole or in part when the Purchasing Agent or designee determines that such is in the best interest of the City. Bid Withdrawal: In order to make a valid withdrawal of a bid due to an unintentional error, the bidder shall give notice in writing to the Purchasing Agent of its claim of right to withdraw its bid within two business days after the bid opening procedure, and shall within the following two business days provide the Purchasing Agent the original work papers, documents, and materials used in the preparation of the bid sought to be withdrawn. Errors in judgement are not grounds for withdrawal of a bid. The Purchasing Agent shall determine the validity of the claimed withdrawal in accordance with the City Code, Chapter 20, Article III and shall either permit the withdrawal and at the City s discretion may designate the next responsible and responsive bid that best meets the selection criteria to be the 3

4 successful bid, or shall deny the bid withdrawal and notify the bidder in writing of the reasons for such decision. Site Inspection: Submission of a bid on this project shall imply that the bidder has examined the sites of work upon which it is bidding, has verified any measurements herein, and has satisfied itself as to existing and probable conditions under which it will be obligated to perform its work. Supervision: Franchisee shall supervise and direct the work, using its best skill and attention. The successful bidder shall be solely responsible for all work means, methods, techniques, sequences and procedures and for coordinating all portions of the work subject to the franchise agreement. Assignment of Franchise: The Franchisee shall not assign or sublet any of its rights or duties under the franchise agreement or any interest it may have herein without the prior written consent of the City. Governing Law: The franchise agreement shall be governed, interpreted and enforced by the laws of the Commonwealth of Virginia without regard to its conflict of laws principles. Venue: Any action arising out of or related to the franchise agreement or the performance obligations thereunder shall be brought in the Circuit Court for the City of Chesapeake, Virginia. Non-Restrictive Clause: Specifications herein are not intended to be closed or restrictive. Access to Worksite: The City, its officials, agents, employees and representatives shall at all times have access to the property subject to the franchise agreement, regardless of whether the Franchisee is in preparation or progress of the permitted use, and the successful bidder shall provide safe facilities for such access and inspection by the City. Indemnification Clause: The successful bidder, its agents, representatives, affiliates, subsidiaries, and assigns shall indemnify, defend and hold the City, its departments, its officials, employees, agents and representatives harmless against any and all claims under any theory of liability, including but not limited to, third- party claims, expenses, costs, losses, and damages, reasonable attorney fees, personal injury, property damage or death which arises out of or in connection with the franchise agreement or the successful bidder s shared use of the property subject to the franchise agreement. 4

5 Exhibit A Project limits are on West Military Highway from the Suffolk/Chesapeake City line to and on Abandon Road. The Facilities installation terminates at an existing Cox line on a power pole 270 from West Military Highway. The Facilities will be placed near the West Military Highway (US 13, ) west bound lane, ±32 feet to the north of the centerline of the existing median to Snowden Street. The Facilities will be placed in a southerly direction along Snowden Street to the northside of the most southern two-lane portion of West Military Highway. Along this portion of West Military Highway, the Facilities will be placed 3-5 from the edge of pavement, except that in the area where South Military Highway meets West Military Highway, the Facilities will shift to the middle of the median. The Facilities will then turn east to the southern side of Abandon Road. The Facilities will stop ±300 feet from the turn at West Military Highway. 5