Exhibit A - SOW - Fiber Optic Services - Final.pdf

DocuSign Envelope ID: BFCF97AC-01AF-4845-A309-84999758F87E

EXHIBIT A

SCOPE OF WORK AND TECHNICAL REQUIREMENTS:

A.1 SCOPE OF WORK/ REQUIREMENTS

The City and County of Denver is contracting with the Contractor to provide emergency restoration and non-emergency maintenance services necessary to maintain approximately three hundred (300) miles of fiber optic cable and conduit infrastructure. Most of the City's network was either installed via horizontal boring or open trench. Overhead cable exists in areas of the City and is indicated on the City fiber maps. Copies of City owned fiber maps are available upon request.

The City has both single and multi-mode fiber infrastructure servicing all traffic signals, more than fifty (50) City owned buildings and facilities, Denver International Airport (DEN), and the facilities of other municipal or state organizations within the City and County of Denver.

Contractor, at a minimum, will provide the following services:

• Restoration services: respond to fiber optic cable and conduit infrastructure damage 24 hours a day, 365 days a year to restore damaged fiber optic infrastructure. Response times are indicated below.

• Maintenance services: install additional and improve and maintain existing fiber optic infrastructure and documentation on an as-needed basis. Migration, Rehabilitation, Conversion and Decommissioning are included.

A.2 ELIGIBILITY REQUIREMENTS:

A. Qualifications and Experience

Extensive knowledge of Emergency Fiber Restoration and Maintenance Services and an established track record of fiber location, emergency restoration, and maintenance services for local governments.

At the time of application, the City requests that applicants provide a list of currently held certifications. Examples include:

• Coming LAN 500 Certification

• Coming Fiber Design (CFD)

• 3M Fiber Optic Technician

• 3M Cable/Locating & Diagnostics Technician

• AMA Basic Supervision

• Ameritech Meridian 1 Installation and Maintenance

• AT&T Digital Networks

• AT&T Sonet Networks

• Autocad BlCSI Cabling Technician

• EESCO Installing Fiber Optic LAN Systems

• ETA Certified Cable Installer

• Fiber Optic Association Certified (FOA)

• Fluke Certified Test Technician

• Light Brigade Fiber Optic Design, Installation and Maintenance

• Lindsay CATV Antenna Systems Design

• Maintenance & Repair of Laser Precision OTDRs

• Maintenance & Repair of Siecor M9Q Splicers

• Maintenance for Siecor Fusion Splicer

• NCTI CATV Fiber Technician

• NCTI Installer Technician o NCTI Service Technician

• NCTI System Technician

• NORDXJCDT Structured Cabling System

• Ortronics Installer Technician

B. Prime Contractor

The Contractor must assume responsibility as Prime Contractor for this engagement and shall not subcontract any services without the express written permission of the City. If Contractor has received authorization to subcontract work, it is agreed that all subcontractors performing work under the resulting agreement must comply with its provisions. Further, all agreements between Contractor and its subcontractors must provide that the terms and conditions of the resulting agreement be incorporated herein.

A.3 SCOPE OF WORK:

The Contractor must provide the following services:

A. Fiber Restoration

• Contractor shall provide fiber restoration and maintenance services to support the DOTI System

Operations fiber technicians and the specific locations required for support of the citywide fiber/conduit infrastructure.

• Contractor will be responsible for providing qualified personnel, tools, and equipment to perform various types of fiber optic repair needed in the field, including but not limited to mid-span fusion splicing, trunk splicing, optical time-domain reflectometer (OTDR) testing, fiber enclosure installations, termination of fiber inside fiber trays and full fiber sections replacement.

• Contractor shall perform clearing, repair, and installation of ducts, handholes, restoration, fiber optic cable pulling, splicing, termination, testing and all other specifications per City provided plan.

• Service to a fiber optic cable infrastructure includes any item of a complete fiber cable run between and to termination patch panels, including termination patch panels, terminations at patch panels, fiber optic cable, fiber cable splices, pole/building attachments, loop and splice enclosures/boxes, etc.

• On occasion, the Contractor may be required to work in close proximity to the rail right-of-way. The

Contractor will be required to follow all rail right-of-way procedures. Any future permits or fees required by the railroad will be the responsibility of the Contractor.

• For services affecting emergency restoration, Contractor must be available to perform services 24 hours a day, every day of the year.

o All emergency situations require an immediate response of 24 hours to begin restoration but expect functionality within 8 hours of the start of restoration. All standard situations (all other situations not deemed "emergencies") must be responded to and have work begin within 72-hours. Contractor shall perform temporary restoration when damage is so severe that a eight (8) hour restoration period cannot be completed. Contractor shall have temporary splice cable in place to restore critical services within 8 hours after damage is assessed, then start final restoration/repair and complete within five (5) days.

• For emergency restorations that do not affect service (e.g., if non-used fiber strands are damaged and need to be repaired), the Contractor shall complete all services as scheduled by the City.

• When called for routine services, the Contractor shall commence the Work within five (5) days following the issuance by the City of a Work Order for a Project unless a different period is specified in the Work Order.

• Contractor shall test all restored fiber optic cable and submit test results to the City.

• Contractor shall notify the City of any breaks, events, or incidents immediately.

• Contractor shall keep documentation of every restoration and send to the designated City point-of-contact at each step:

• Time the call was received

• Pictures of event immediately as they arrive on site (regardless of fault)

• Damage assessment (writing and pictures)

• Restoration documentation (how was repaired (writing)) with accompanying pictures showing temporary and final restoration.

B. Maintenance

• The Contractor shall install additional, and improve and maintain existing, fiber optic infrastructure and documentation on an as-needed basis. Inspections of the network may be requested on an annual basis. Inspection includes bi-directional OTDR testing of all unused and used strands of fiber, checking conditions of splices and hand holes. Installation of infrastructure includes replacing hand holes, fixing broken conduit, pulling in new fiber cable runs and replacing old fiber splice enclosures.

• Contractor shall provide troubleshooting and analysis on fiber circuits as requested by the City. This troubleshooting will include bi-directional OTDR testing. Analysis including instrument output charts will be provided. After completing and communicating any issues, Contractor must request approval to correct issues. During outages, fiber testing and troubleshooting may require emergency response.

• Migration includes the process of vacating old cabling and migration onto new cabling.

Rehabilitation includes the replacement of outdated damaged and /or undersized splice enclosures and termination locations. Conversion includes the communications channel from one type of glass to another. Decommissioning includes the vacating of an above ground splice location by removing cabling and slicing them in an underground splice enclosure.

C. Emergency Services

• When called for emergency services, Contractor will respond to the site within two (2) hours to determine the number of workers in coordination with the City, the type of equipment, and supplies required to complete work. The Contractor will only be paid for the number of workers authorized by the City. The Contractor will commence work as soon as practical, and no later than the next business day, and will provide a "not-to-exceed" cost estimate to the using agency.

• Services performed under this contract will be limited to those services and goods specifically authorized by the City's agency, and no payment will be made by the City for work not authorized in advance. The City may continue to work, or if in the City's best interest, it may continue the service under other contracts.

• The Contractor will not be able to invoice the City for services until a Purchase Order (or work order) is received from the using agency. The using agency is required to create a task order as soon as practical after the service is ordered.

D. Overall Contract Procedures:

• Material costs and supportive services by subcontractors shall be marked up no more than the quoted markup. Copies of invoices for materials and subcontracts will be provided with billing to the City upon request. The City reserves the right to provide materials, but such materials shall not be subject to contractor's warranty.

• "Journeyman" is defined for purposes of this agreement as a tradesman, craftsman or technician, skilled in the service performed, who is regularly paid at least the prevailing wage for the trade, and who has a minimum of five years of experience or certification of completion of a bona fide apprenticeship program for the trade, fully competent to do the work, and may apply at any gender.

Contractors with apprentices who are registered with (BAT) the Bureau of Apprenticeship & Training may use those rates to calculate their quoted hourly rate. Note that BAT limits the ratio of apprentice to journeyman to a 1 to 1 ratio.

• Must be licensed/registered (as required) by the building inspection division of the City and

County of Denver for the items bid. Either an employee or an owner can hold the license but must be valid throughout the life of the contract. Contractor will include copy of current license/registration bid.

• In the event friable asbestos or other hazardous material is encountered, contractor shall notify the City and the City will be responsible for abatement.

• Invoicing Requirements:

o Contractor must be capable of providing invoices that include the following details:

■ Invoice number

■ Invoice date

■ Service date(s) or service period

■ PO number (will be provided to contractor when assigned)

■ Service location (Building name and address)

■ Facility Code (list will be provided to the contractor)

■ Itemized charges, including unit of measurement

• E.g.

o Hours worked o Materials

■ Fiber LF

■ Hand holes

■ Splice enclosures

■ Conduit

■ Total charge o Contractor shall also provide monthly statement billing (as required).

E. General Information:

• All Materials left over from a job but charged to the City and all equipment or materials removed from the City's facilities shall remain the property of the City unless released by the City' representative as unsalvageable waste.

• All jobs MUST BE INVOICED no later than 5 days after the completion of service.

A.4 F.O.B. POINT:

All prices quoted must be quoted at a firm price F.O.B. Denver, Colorado.

A.5 LAWS, REGULATIONS, TAXES, AND PERMITS

The Contractor shall procure all permits and licenses, pay all charges, taxes and fees and give all notices necessary and incidental to the due and lawful prosecution of the work. All costs thereof shall be deemed to be included in the prices proposed for the work.

The Contractor, at all times, shall observe and comply with all federal, state, county, city and other laws, codes, ordinances, rules and regulations in any manner affecting the conduct of the work.

Without limiting the foregoing, the Contractor shall establish appropriate procedures and controls so that services under this Contract will not be performed by using any person who is not legally eligible for such employment under United States Immigration laws. Failure to comply with this condition satisfactorily may cause the City to terminate this Contract.

A.6 CONTRACTOR PERFORMANCE MANAGEMENT:

Contractors are required to furnish a performance report to the analyst on an annual basis, no later than the anniversary date of the applicable City Contract, providing at a minimum the following information:

FOR SERVICES

• Total dollar value of purchases per City Agency

• Total number of transactions per City Agency

• Average response time after receipt of call from the City

• Average time for job completion

Contractor may also be required to provide additional specific reporting/data as required.

A.7 PRICING UPDATES:

Pricing is firm and fixed for the initial 3-year contract term and will apply to any services or locations that are added after the contract is executed. At the request of the contractor, the costs for services may be adjusted to reflect an increase of up to 3.5% years 4 and 5 if the contract term is extended by the City. Pricing updates must be based upon documented contractor’s price increases and must be verifiable. Pricing updates shall be adjusted based upon the increase in the Consumer Price Index. Pricing update requests must be received by the City three (3) months prior to the contract anniversary date to review the pricing update request for approval.

A.8 BACKGROUND CHECKS:

Contractor, at its expense, must conduct a background check for each of its employees, as well as for the employees of its subcontractors, who will provide services to the City. The term “employee” for the purpose of this requirement, includes anyone who is providing services for the City under this Contract. Background checks are to be conducted through an independent background check vendor and must include the following:

• Social Security Number Trace;

• Federal Criminal Records (includes wants, warrants, arrests, convictions, and incarcerations);

• Colorado Criminal Records (includes wants, warrants, arrests, convictions, and incarcerations);

• Criminal Records from other States if the employee disclosed, or the background check identifies, that the employee lived in another state in the last seven years (includes wants, warrants, arrests, convictions, and incarcerations); and

• National Sexual Offender Registry Search.

The background check shall include all convictions for the last seven years and may include additional convictions beyond seven years when permitted and/or required by law.

Because of the sensitive nature of the work locations proposed within this solicitation, the City shall automatically disqualify from employment under this contract persons with felony convictions. Alternatively, the City may require that a fidelity bond, or such other assurance in such amount as deemed appropriate, be provided to the City as a condition precedent to grant permission where an employee’s prior conviction would otherwise preclude their participation under the contract.

All Contractor employees are required to self-disclose to the Contractor any criminal charges and convictions and nolo contendere pleas (not contest pleas) that occur while providing services to the City within three business days of the conviction, charge, or plea. Contractor is required to inform the City of any criminal charges or convictions or nolo contendere pleas (no contest pleas) that arise while an employee is on assignment with the City. Contractor must inform the City within one business day of the Contractor having knowledge of the charge, conviction, or plea. The City will determine, in its sole discretion, whether the employee will remain on a City assignment.

The background check(s) must be conducted successfully prior to initial access and/or involvement by employees. Employees who separate from the Contractor’s employment must undergo another background check prior to renewed access and/or involvement in providing services to the City. The City also has the ability to audit the Contractor’s background check process, to ensure compliance with City standards, at any time.

In addition to the foregoing background check, certain City locations require employees to pass a Federal CJIS background check. These background checks will be administered by CBI – Colorado Bureau of Information.

Vendors will need to be part of the CBI Vendor Management Program. Contractors will be provided entrance cards for each facility. Contractors are not allowed to share cards to provide services.

The following locations require Federal CJIS background checks:

• All Police Facilities

• All DSD Facilities

• Police Academy

• Denver Animal Shelter

• Traffic Operations

• DPD Police Precincts

• Denver Human Services

All work to be completed under this on-call contract will require that each person working on- site at a Denver Police Facility, City Attorney, Denver 911, Denver DA, and all other secure facilities within the City and County of Denver that has CJIS information, including all sub- contractors, to have completed CJIS Security Awareness Training. The CJIS Security Policy written and maintained by the Federal Bureau of Investigation is the standard by which all criminal justice agencies nationwide must protect the sensitive data they possess and share with authorized entities. The policy outlines requirements such as personnel security, training, encryption, physical security, media protection, access control, construction, and more. The CBI CJIS Vendor Management Program is designed to help vendors and criminal justice agencies achieve and maintain compliance more easily by providing an easier fingerprinting/vetting process, assisting with the required training, sharing audit findings, and offering resources for questions about CJIS security.

All Denver law enforcement is now requiring that the Federal CJIS background check be completed to work at any site connected to law enforcement for the City and County of Denver.

The CJIS background check can be completed through the CBI – Vendor Management Program as a CJIS Support Vendor.

1) Please go to the CBI Vendor Management website or https://cbi.colorado.gov/sections/cjis-security/cjis-vendor-management-program.

Please click on the CJIS Support Vendor link in the left-hand navigation pane. Click on the individual tabs to learn about the program and how to apply.

2) You will be applying to be part of the CBI Vendor Management Program. To apply for this, you will need documentation that states that you are contracted to do work with one of the safety agencies for the City and County of Denver: DPD, DSD, 911, or Department of Safety.

3) Once you have this document, you will need to submit the following:

a. An application to create a fingerprint account.

b. The vendor agreement.

c. The above referenced contractual document with one of the safety agencies for the

City and County of Denver.

d. An IRS form W-9 for review. If they are approved, you will receive the code to use for fingerprinting.

4) Once you have completed the fingerprinting, background check and testing, and are a minimum of CJIS Support Vendor – Security & Privacy: Basic Role, please submit the company name and listed individual names to Georgia Loya, Nancy Sterling, or NCICBackgroundandCJISRequests@denvergov.org.

5) Once this is complete, badges will be provided for the duration of the project and then must be https://cbi.colorado.gov/sections/cjis-security/cjis-vendor-management-program https://cbi.colorado.gov/sections/cjis-security/cjis-vendor-management-program mailto:NCICBackgroundandCJISRequests@denvergov.org returned.

6) This background check process is good for one year in any safety facility within Colorado as long as the individual is employed/linked with the vendor. If the individual leaves the employment of the vendor, please notify CBI and General Services Contract Office. Any subsequent arrest notification on the individual would mark the vendor as ineligible for the CBI Vendor Management Program.

7) If you have concerns or questions, please contact CBI at: cdps.cbi.cjisvendors@state.co.us or call 303-239-4222, option 3 for biometrics.

Please note, contractors not part of the CBI Vendor Management Program will not be assigned any work at any site connected to law enforcement for the City and County of Denver. Thank you for your assistance in support this process.

mailto:cdps.cbi.cjisvendors@state.co.us