20-LPS-NIS-01 RFB.pdf

LAKEVIEW PUBLIC SCHOOLS REQUEST FOR BID

NETWORK INFRASTRUCTURE SYSTEM

ST. CLAIR SHORES, MICHIGAN W&H Project No: 20-LPS-NIS-01

WRIGHT & HUNTER, INC. © 2020 1/24/2020

SECTION 1

PROJECT SUMMARY & TIMETABLE

1.0 GENERAL

A. Lakeview Public Schools (the “Owner”) is soliciting proposals until 1:00 PM, March 6, 2020 for the purchase of Network Infrastructure Systems (NIS) at Lakeview High School, Jefferson Middle School, Ardmore Elementary, Greenwood Elementary School, Harmon Elementary School, Princeton Elementary School and Wheat Educational Campus.

B. All questions and correspondence concerning this Request for Bid (“RFB”) should be submitted to Scott Brune at Wright & Hunter, Inc. Address all correspondence and questions to:

Scott Brune Wright & Hunter, Inc.

Email: sbrune@wrighthunter.com

C. Sealed bids will be received at the Owner’s office up until the time noted above.

D. The Owner reserves the right to accept or reject any and all proposals, or any part of any proposal, without penalty. The Owner may award a contract to a single prime Vendor for all elements for the entire project or may award any of the elements separately.

E. Vendors must submit a single proposal for all elements described in this section. No proposal may be withdrawn after the scheduled closing time for the receipt of proposals for at least ninety (90) days.

F. The formal proposals to be received will be evaluated by several criteria including but not limited to cost, concurrence with technical specifications and requirements, with priority on a timely installation schedule.

1.1 UNIVERSAL SERVICE FUND (USF) CONDITION

A. IDENTIFICATION NUMBER: The service provider’s USF Service Provider Identification Number (SPIN) must be included in the Bid. Direct all questions regarding the USF requirements in this RFB to the Universal Service Administrative Company (USAC), Schools and Library Division (SLD) at (888) 203-8100.

B. FY2020 FUNDING REQUESTS: The specified products and/or services are to be provided for FY2020 (July 1, 2020-June 30, 2021) and must qualify for universal service discounts under the FY2020 universal service support mechanism, E-Rate. The E-rate Modernization Order permits applicants to seek support for Category 2 eligible non-recurring services purchased on or after April 1, three months prior to the start of the funding year on July 1.

No invoices to USAC/SLD will be DATED or PAID before July 1, 2020.

C. UNIVERSAL SERVICE DISCOUNTS: The service provider contract is conditional upon the District receiving universal service discounts under the FY2020 universal service support mechanism, E-Rate. The District reserves the unrestricted right to reduce the contract amount by reducing the amount of services and/or products in order to meet budget requirements in the event the level of the universal service discounts is reduced. Any such reductions to the contract amount will be taken prior to the start of the specific work being reduced or eliminated on a given building and/or project.

D. UNIVERSAL SERVICE DISCOUNT IMPLEMENTATION: The District reserves the unrestricted right to specify the filing option for the universal service discounts for each product and/or service offered within a Bid: Billed Entity Applicant Reimbursement (BEAR) or Service Provider Invoice (SPI).

E. ELIGIBLE PRODUCTS AND SERVICES: The USF eligible products and/or services identified on the USAC FY2020 Eligible Services List, which is incorporated herein by reference, must be identified separately from any and all “ineligible” products and/or services in the Bid.

F. PROJECT FUNDING REQUIREMENTS: This project is entirely conditional upon receiving written notification in the form of a Funding Commitment Decision Letter from the USAC/SLD that the District has been approved for E-Rate Funding. If the District receives less than the full E-Rate Funding for which it applies, the District has the unrestricted right to reduce the number of units and services in the accepted Bid. In the event that E-Rate Funding is not available for the accepted Bid, District, in its discretion, may cancel and/or modify the Scope of Work (SOW) and subsequent purchases requested in this RFB.

G. LOWEST CORRESPONDING PRICE: Lowest Corresponding Price (LCP) is defined as the lowest price that a service provider charges to non-residential customers who are similarly situated to a particular E-rate applicant for similar services. Service Providers cannot charge E-rate applicants a price above the Lowest Corresponding Price (LCP) and must actually charge the rate that is the LCP, not just offer the LCP in the Bid. In addition, promotional rates offered by a Service Provider for a period of more than 90 days must be included among the comparable rates upon which the LCP is determined.

1.2 INTRODUCTION

A. The intent of this RFB is to secure under contract, all labor, materials, equipment and services of every kind necessary for the proper installation and maintenance of NIS in accordance with the technical specifications included in this RFB and ANSI/TIA/EIA-568C.1 through ANSI/TIA/EIA-568C.3.

B. This RFB solicits proposals for NIS to meet the current and projected needs of the Owner.

1.3 STATEMENT OF PURPOSE

A. This RFB solicits proposals for the following major elements as detailed in the specifications section.

1. Provide and install Ethernet core, aggregation, and edge network switches; and wireless network controller, access points, and related components at Lakeview High School, Jefferson Middle School, Ardmore Elementary, Greenwood Elementary School, Harmon Elementary School, Princeton Elementary School and Wheat Educational Campus.

2. Provide and install wireless network controller, access points, and related components at Lakeview High School, Jefferson Middle School, Ardmore Elementary, Greenwood Elementary School, Harmon Elementary School, Princeton Elementary School and Wheat Educational Campus.

3. Provide and install wireless network bridge from the Lakeview High School to the concession stand on the athletic stadium. Provide and install access points, as required, to provide a robust and high density wireless internet service in the stands, field and surrounding areas of the stadium.

4. Provide and install Uninterruptible Power Supplies (UPS) in existing and/or new equipment cabinets and bonding to equipment ground bus. At all MDF and IDF locations designated in the RFB and drawings.

5. Provide system testing, documentation, and system warranty.

6. Provide all equipment materials, labor, and services, not specifically mentioned or shown, which may be necessary to complete or perfect all parts of the installation. Ensure that they are in compliance with requirements stated or reasonably inferred by the contract documents.

1.4 TIMETABLE

A. The anticipated timetable of key dates for this RFB is as follows:

RFB Available for Vendors January 24, 2020

Pre-Bid Vendor’s Meeting January 27, 2020 at 8:30 AM

Vendor Questions Due January 31, 2020 by 5:00 PM

Vendor Answers Due February 5, 2020 by 5:00 PM

Bids Due March 6, 2020 at 1:00 PM

Award to Vendor March 18, 2020 (TBD)

Start Date April 1, 2020

Cutover Date July 31, 2020

Complete Date August 14, 2020

1.5 VENDORS’ MEETING

A. There will be a Vendor’s meeting on January 27, 2020 at 8:30 AM, EST. The meeting will be held at Lakeview High School located at 21100 E. 11 Mile Rd., St. Clair Shores, Michigan, 48081. Please report to the Main Office and wait until you are directed to our meeting room.

1.6 FAMILIAL RELATIONSHIP DISCLOSURE STATEMENT

A. As required by Public Act 232 of 2004, all bids shall be accompanied by a sworn and notarized statement disclosing any familial relationship that exists between the owner or any employee of the Vendor and any member of the Lakeview Public Schools board, or the superintendent of the school district.

B. The Owner will not award a bid from a Vendor that does not submit this sworn and notarized disclosure statement.

1.7 IRAN ECONOMICS SANCTIONS ACT

A. As required by the Iran Economic Sanctions Act, Public Act 517 of 2012, all bids shall be accompanied by a sworn and notarized statement certifying that the Vendor is not an “Iran linked business” within the meaning of Act.

B. The Owner will not award a bid from a Vendor that does not submit this sworn and notarized disclosure statement.

SECTION 2

VENDOR INFORMATION & PROPOSAL PROCEDURES

VENDOR INFORMATION

2.0 VENDOR RESPONSIBILITY

A. At the time of the bid opening, each Vendor shall have examined the premises and sites so as to compare them with the contract drawings and specifications.

B. Failure or omission of any Vendor to examine any form, instrument or document shall in no way relieve any Vendor from any obligation with respect to their proposal. No allowances or extra payment will be made to a Vendor for failure to comply with the provisions of this section, or by reason of error or oversight on the part of the Vendor.

C. It is understood, and the Vendor hereby agrees, that it shall be solely responsible for all equipment and/or services that it proposes. Notwithstanding the details presented in these specifications, it is the responsibility of the Vendor to verify the completeness of the equipment required and its suitability to meet the intent of this proposal. Each system proposed shall be for a complete turnkey system.

D. The Owner reserves the right to withdraw this RFB at any time or to reject any or all proposals submitted in response to this RFB, without penalty. The Owner further reserves the right to select a single Vendor as a prime for the entire project or for only portions of it. The Owner also reserves the right to accept or reject any part of any proposal and to accept or reject any or all proposals without penalty. The Owner will be the sole judge of its needs and of the best elements of a proposal to meet those needs, and shall award to the lowest responsible bidder as required by law. The Owner’s decision is final.

E. Proposals containing terms and conditions different from this section of the RFB may be rejected.

2.1 CONTRACT LIABILITY

A. The Vendor will be required to assume responsibility for all contractual activities offered in this proposal whether or not the Vendor performs them. Further, the Owner will consider the Vendor to be the sole point-of-contact with regards to contractual matters, including payment of any or all charges resulting from the anticipated contract. If any part of the work or component of the proposed configuration is to be subcontracted, responses to this RFB must include a list of subcontractors, including firm name and address, contact person, complete description of work to be subcontracted or component to be provided and descriptive information concerning subcontractor's organizational abilities.

B. The Owner reserves the right to approve subcontractors for this project and to require the Vendor to replace subcontractors found to be unacceptable. The Vendor is totally responsible for adherence by the subcontractor to all provisions of the contract. All contract clauses between the Owner and the Vendor shall also apply to any contract between the selected Vendor and subcontractor(s).

2.2 PROPOSAL MODIFICATIONS

A. Any explanations or statements, which the Vendor wishes to make, must be written on or attached to the proposal. Unless indicated, it is understood that the proposal is in strict accordance with all requirements and specifications. The Technology Designer and/or the Owner may request additional information to clarify the Vendor’s response, to verify responsiveness to mandatory specifications, or to facilitate the fair comparison of competing bid responses.

B. Proposals shall be deemed final, conclusive and irrevocable. No proposal shall be subject to correction or amendment for any error or miscalculation unless unit prices for the additional or missing item(s) are included on the Bid Form. Submitted bids may be adjusted by unit prices up or down to ensure all bids submitted are compliant and compared fairly.

Proposal prices shall provide for a complete turnkey system as specified. Installation shall include, but is not limited to, all labor required for a turnkey system.

2.3 DISCREPANCIES, OMISSIONS AND INTERPRETATIONS

A. Vendors shall promptly notify Wright & Hunter (the “Technology Designer”) of any ambiguities, inconsistencies or errors, which it may discover upon examination of the RFB, the Bid Form, Drawings, AIA documents, purchase orders generated by the Owner, any addenda to the aforementioned documents and all other documents pertaining to the NIS (the “Contract Documents”) or of the site and local conditions. A Vendor requesting clarification or interpretation of the bid documents shall make a written request no later than January 31, 2020 by 5:00 PM. E-mail all questions to:

Scott Brune Wright & Hunter, Inc.

Email: sbrune@wrighthunter.com

B. If prior to the date fixed for submission of proposals, a Vendor fails to notify the Technology Designer of a known error in the RFB or of an error that reasonably should have been known to the Vendor and if a contract is awarded to the Vendor, the Vendor shall not be entitled to additional compensation or time, by reason of the error or its later correction.

C. All questions and answers will be shared with all Vendors. Please provide name, telephone number and e-mail address of primary Vendor contact person.

D. In the event it becomes necessary to provide additional clarifying data or information, or to revise any part of this RFB, supplements or revisions will be provided to all known recipients of the initial RFB.

E. Failure to acknowledge receipt of supplements or revisions, in accordance with the instructions contained in the supplement or revision, may result in proposals not being considered. Each Vendor's proposal shall stipulate that it is predicated upon all the terms and conditions of the RFB and any supplements or revisions thereto. The submission of a proposal is an acknowledgment to comply with all terms of the RFB, the form of Contract and any other contract document, except and only to the extent that the Vendor provides an express objection to a provision or provisions in writing, attached as a separate document along with its proposal, and specifically identifying the objection and providing a proposed alternative thereto. In the absence of the foregoing, the Vendor shall be deemed to have agreed to all stated terms.

2.4 WITHDRAWAL OF PROPOSALS

A. Proposals may be withdrawn, modified and resubmitted at any time prior to the time set for the receipt of proposals. The Vendor may not withdraw its proposal prices during the ninety (90) day period immediately following the proposal bid opening. All proposals and proposal prices shall be guaranteed for that period of time.

B. When the selected Vendor(s) (the “Vendor”) receives the notice of award from the Owner within the above ninety (90) day period, it shall guarantee the prices through the interval required to execute the Vendor's Bond.

2.5 ACCEPTANCE OF PROPOSAL

A. The Contract Documents shall include all bidding requirements and specifications, the terms of this RFB, the form of Contract, approved project specifications and approved project manual. Except as to any specific objection as required by Paragraph 2.3(E) above, all of the foregoing, as well as the accepted portions of the Vendor's proposal shall become contractual obligations of the Vendor upon award by the Board of Education.

Failure of the successful Vendor to accept these obligations in a contractual agreement may result in cancellation of the award and this RFB, forfeiture of the entire bid bond, and any additional damages incurred by the Owner. If the terms, conditions or assumptions included in the Vendor’s proposal or response to this RFB differ from the Contract Documents, the terms and conditions that are most favorable to the Owner, as determined in the Owner's sole discretion, shall be binding.

2.6 SYSTEM ACCEPTANCE

A. Payment will be made only to the successful Vendor for services properly performed under the contract. The Owner will withhold retainage of 10% until final payment, which will follow the Vendor's fulfillment of all obligations.

2.7 INSPECTION OF WORK AND ACCEPTANCE TESTS

A. The Vendor shall, at all times, permit and facilitate inspection of the work by the Technology Designer and by public authorities having jurisdiction. The Technology Designer shall have the authority to stop the work if necessary to insure its proper execution.

Tests will be performed and documented by the installing Vendor and turned over to the Owner as part of the "as-built" drawings at the time of completion. Deviations and/or corrections to the installation will be completed within ten (10) working days.

2.8 REQUIRED BONDS

A. At the time bids are submitted, Vendors are required to submit a ninety (90) day Bid Guarantee Bond (5% of the total dollar amount).

B. The successful Vendor will be required to furnish a Labor and Materials Bond valued at the full amount of the contract at the time the contract is awarded for all labor and materials to be contracted.

C. The successful Vendor will be required to furnish a Performance Bond valued at the full amount of the contract at the time the contract is awarded.

2.9 INSURANCE

A. The Vendor shall purchase and maintain insurance for protection from the claims set forth below which may arise out of or result from the Vendor's operations under the Contract, whether such operations be by the Vendor or Subcontractor, or by anyone directly employed by any of them:

1. Claims under workers or workmen's compensation, disability benefits and other similar employee benefit acts;

2. Claims for damages because of bodily injury, occupational sickness or disease, or death of the Vendor's employees;

3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Vendor's employees;

4. Claims for damages insured by usual personal injury liability coverage, which are sustained by any person as a result of an offense directly, related to the employment of such person by the Vendor;

5. Claims for damages, other than to the work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; and

6. Claims for damages because of bodily injury or death of any person or property damage arising out of the maintenance or use of any motor vehicle. The insurance required shall be written in the following minimum limits:

a. General Liability: $2,000,000

1) Including personal injury and property damage

2) $2,000,000 each aggregate

b. Automobile Liability: $2,000,000

1) $2,000,000 each aggregate

c. Workers’ Compensation:

1) As required by the State of Michigan

d. Employers’ Liability: $2,000,000

1) $2,000,000 each aggregate

e. Certificates shall name the Owner and Wright & Hunter as additional insured.

B. The Vendor's insurance shall either be (i) occurrence-based and in effect from the commencement of work and for 18 months following final completion of the work, or (ii) claims-based and in effect from the commencement of work and in effect for 6 years following final completion of the work.

2.10 QUANTITIES

A. It is understood and agreed that the Owner reserves the right to either increase or decrease quantities and to buy additional services under the terms of any contract resulting from this bid, so long as in accordance with law.

2.11 PRICES

A. Purchase prices shall remain firm throughout the entire contract.

B. The Vendor must use the Bid Form included with this RFB. If additional pages are necessary, they must be in the same format as the original.

C. Any rebates applied in response to this RFB must be applied to line item pricing, and not be included as one lump sum.

2.12 ALTERNATIVES

A. All bid proposals must be based upon the specifications included in this RFB. In addition to a base bid proposal, the submission of voluntary alternatives is acceptable. The base bid must conform to the materials, labor and terminations established by the bid specifications in this document. The Vendor must bid the base bid to be eligible to bid an alternative. Each Vendor must identify in their response any deviations to the scope of work and any construction requirements not addressed.

2.13 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

A. By submission of this proposal, the Vendor certifies, and in the case of a joint proposal, each party thereto certifies as to its own organization, that in connection with this procurement:

1. The prices in this proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Vendor or with any competitor.

2. Unless otherwise required by law, the prices, which have been quoted in this proposal, have not been knowingly disclosed by any Vendor and will not knowingly be disclosed by the Vendor prior to procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other Vendor or to any competitor.

3. No attempt has been made or will be made by the Vendor to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

B. Each person signing this proposal certifies that:

1. He/she is the person in the Vendor's organization responsible within that organization for the decision as to the prices being offered herein.

2. He/she is not the person in the Vendor's organization responsible within that organization for the decision as to the prices being offered herein, but that he/she has been authorized in writing to act as agent for the persons responsible for such decision.

C. By submission of Vendor’s proposal to this project, the Vendor certifies, and in the case of a joint proposal, each party thereto certifies as to its own organization, that in connection with this procurement: the that no relationship exists between the Vendor and the procuring or contracting agency that interferes with fair competition or is in conflict of interest, and no relationship exists between the Vendor and another person or organization that constitutes a conflict-of-interest that is adverse to the Owner.

2.14 PROPRIETARY INFORMATION

A. This is a public bid. Information submitted in response to this RFB is subject to Freedom of Information Act requests and to be viewed by any interested party by request. Any bids identified in whole or in part as proprietary will be disqualified.

B. Unless specifically excluded from this provision, all data, documentation and innovations resulting from contractual services will become the property of the Owner. Data contained in the proposal and all documentation provided as a result of these contractual services cannot be copyrighted and innovations developed as a result of these contractual services cannot be copyrighted or patented. Proposals must clearly specify any data, documentation, software, or other innovations that are proposed to be excluded from this provision and specifically provide, where applicable, for licensing of these materials to the Owner for the life of the system.

2.15 NONCOMPLIANCE

A. Failure to include in the Vendor's proposal all information requested in this RFB may be cause for rejection of the proposal. When responding to this RFB, please clearly state whether your firm complies with each section.

2.16 COST LIABILITY

A. The Owner assumes no responsibility or liability for costs incurred by the Vendor prior to the signing of any Contract resulting from this Request.

PROPOSAL PROCEDURES

2.17 SEALED BID RECEIPT

A. PROPOSALS MUST BE RECEIVED AND TIME STAMPED AT THE LAKEVIEW PUBLIC SCHOOLS

ADMINISTRATION OFFICES, 27575 HARPER AVE., ST. CLAIR SHORES, MI, 48081 ON OR BEFORE

THE DUE DATE AND TIME SPECIFIED. VENDORS ARE RESPONSIBLE FOR TIMELY RECEIPT OF

THEIR PROPOSAL. PROPOSALS WHICH ARE RECEIVED AFTER THE SPECIFIED DUE DATE AND

TIME WILL NOT BE CONSIDERED.

B. The Owner is soliciting proposals until 1:00 PM on March 6, 2020. Sealed bids will be received at the Lakeview Public Schools Administration Offices (use front door intercom of Lakeview Administration Offices entrance), up to this time at which time they will be publicly opened and read aloud at a public meeting.

C. The original, plus three (3) hard copies, and one (1) full electronic copy of the Vendor's proposal must be delivered in sealed package(s). All packages shall be clearly labeled with the following information:

Lakeview Public Schools Attn: Tracy VanPeeren, Deputy Superintendent 27575 Harper Ave.

St. Clair Shores, MI 48081 Vendor's Name and Address

Project Title: Network Infrastructure Systems

Project Number: 20-LPS-NIS-01

Proposal Due Date

2.18 BID PROPOSAL REQUIREMENTS

A. Provide a complete bill of materials depicting quantities, model numbers and footage, catalog cuts, operating characteristics, physical characteristics, and equipment configuration for each of the systems.

B. The information shall be assembled in three (3) ring binders complete with Table of Contents. All pages shall have page numbers, which shall be included in Table of Contents.

C. The Table of Contents shall be as follows:

1. Tab No. 1 Cover Letter

2. Tab No. 2 Bid Proposal Form

3. Tab No. 3 Voluntary Alternates

4. Tab No. 4 Organizational Chart / Schedule / Manpower

5. Tab No. 5 Network Infrastructure Systems

6. Tab No. 6 Maintenance Agreements, Service Agreements and Warranties

7. Tab No. 7 Company Profiles for Prime Vendors, Major Subcontractors and Major Suppliers

8. Tab No. 8 Miscellaneous (Optional)

D. Description of Contents:

1. Tab No. 1, cover letter, shall include an executive overview of the project and depict the Vendor’s complete understanding of the project.

2. Tab No. 2, Bid Proposal Form, shall include a completed bid proposal form and the bid bond as a requirement to submit a qualified bid, warranties, and service agreements.

3. Tab No. 3, Voluntary Alternates, is a section that is optional and made available to permit all Vendors to submit alternates to the bid documents. These voluntary alternates shall clearly define the intent of the alternate, cost impact to implement the alternates, and a description of the deviation in functions and features between the alternates and the base bid documents. Include catalog cuts in this section for each alternate product required. The catalog cuts shall be keyed to the description of the alternate.

4. Tab No. 4, Organizational Chart, shall depict the prime Vendor, the subcontractors, major suppliers, trainers, project managers, superintendents, executive staff of each firm, service staff, the names of the individuals occupying those positions, telephone numbers, facsimile numbers, and e-mail addresses of all individuals on the organizational chart.

a. The Vendor shall provide a schedule that depicts major milestones required to achieve the completion dates previously specified. Typical milestone events are as follows:

1) Equipment delivery date and long lead equipment dates

2) Equipment mounting completion date

3) Equipment installation completion date

4) Equipment testing completion date

5) Documentation & Training dates.

6) Provide an estimate of anticipated manpower required at each building to meet the specified completion dates.

5. Tab No. 5, Network Infrastructure Systems, shall include the following information:

a. Manufacturer’s names.

b. Number of years providing similar equipment in schools.

c. Installation company’s name.

d. Number of years providing similar equipment in schools.

e. List of clients and references.

f. Number of years providing similar equipment in schools.

g. Catalog/specification cut-sheets for each product and all the equipment.

h. Complete bill of material indicating quantities (include line item prices);

product descriptions, part numbers, and take-off for the products being provided must be included. Lump sum discounts are not acceptable.

6. Tab No. 6 Maintenance Agreements, Service Agreements and Warranties

7. Tab No. 7 Company Profiles for Prime Vendors, Major Subcontractors and Major Suppliers

8. Tab No. 8 Miscellaneous (Optional)

Tab numbers 6, 7 and 8 are self-descriptive as to their intended content.

SECTION 3

CONTRACT REQUIREMENTS

3.0 GENERAL

A. A form of contract is attached to this RFB and shall be binding on each proposing Vendor except and to the extent set forth in Paragraph 2.3(E). It is acknowledged that the form of contract incorporates by reference the terms of this RFB and, in the event of any conflict among the contract documents; the provision most beneficial to the Owner shall govern. Notwithstanding the foregoing, the Owner reserves the right in its sole discretion to negotiate any term of the Contract prior to contract award so long as any negotiated term does not affect the propriety of the competitive bidding process. While not limiting the breadth of the form of contract's incorporation of the RFB, the following are all required contractual provisions:

3.1 LAWS AND PERMITS

A. The Vendor shall comply with all federal, state and municipal laws, rules, regulations, ordinances, or orders governing or affecting in any way the work under this contract, including board of education policies. Also, the Vendor shall give all notices and obtain all permits necessary and required for this work and shall pay all costs and fees for the same. The Vendor must furnish copies of all approved inspection certificates and approvals from authorities having jurisdiction within thirty (30) days of completion and acceptance of work as evidenced by applicable acceptance documents.

B. Where appropriate, all equipment and installation workmanship shall comply with specifications contained in Electronics Industries Association Standards and the National Electrical Code. As pertinent, all equipment shall be FCC-certified, FCC type accepted and/or UL listed. All work shall be conducted according to the standards of good engineering practice.

3.2 PROTECTION OF PERSONS AND OTHER STRUCTURES

A. The Vendor agrees to exercise special precautions to avoid damage to facilities of the Owner and others. The Vendor hereby assumes responsibility for any and all damage to such facilities arising out of or caused by the conduct or property of the Vendor, whether by the negligence of the Vendor, its agents or employees. The Vendor shall make an immediate report to the Owner and the Technology Designer of any damage to the facilities or others. The Vendor hereby agrees to repair or replace at their own expense or to reimburse the Owner for expenses incurred by the Vendor in making necessary repairs and replacements.

B. The Vendor shall assume all responsibility for bodily injury to persons, including death or damages sustained or claimed by its employees, the employees of the Owner, or by any other person, and also for damage to property, including property of the Vendor, the Owner or any other person; and also, for any interruptions to electric or community antenna television or other communications service which may occur or allegedly occur because of, or result from, or in any manner are connected with, or directly or indirectly, arise out of or are caused in whole or in part by the material provided or the work performed by the Vendor, its agents or employees under this agreement.

C. The Vendor shall assume all responsibility for and shall indemnify and hold the Owner harmless from and against all losses, liabilities, claims, demands, payments, actions, legal proceedings, recoveries, costs, expenses, attorney fees, settlements, judgments, orders and decrees of every nature and description brought or recovered against, or incurred by the Vendor, the Owner, or both of them, by reason of any such bodily injury to person, damage to property, or interruptions to service caused by the Vendor, its agents or employees. Notwithstanding the foregoing, the Vendor shall not be required to indemnify the Owner against liability for damages arising out of bodily injury to persons, damage to property, or interruptions to service caused by or resulting from the negligence of the Owner, its agents or employees. The Vendor's indemnification obligation shall be limited to, but shall fully include, the degree of all fault for which it is responsible.

3.3 SAFETY

A. Each Vendor shall be responsible for its own safety and hazard program. Each program shall be in accordance with provisions of the Occupational Safety and Health Act (OSHA), Michigan OSHA (MIOSHA), the Environmental Protection Agency (EPA), and the Material Safety Data Sheets (MSDS). The Vendor shall maintain an effective safety program and conform to all federal and local safety codes. Upon written request by the Owner and/or the Project Manager, the Vendor shall provide the registered programs documenting safety and hazard programs.

B. During projects in construction zones or if site conditions require, the Vendor and all of his/her staff, agents and/or subcontractors must wear Vendor provided hard hats anytime they are onsite. The Vendor shall assume sole responsibility and liability for hat usage of his/her staff, agents and/or subcontractors.

3.4 IMPLEMENTATION PLAN

A. The successful Vendor must prepare and submit a final implementation plan and timeline as part of the final Contract Documents. The Vendor and the Owner will mutually determine the critical dates that must be met, so long as consistent with the then-applicable Project Schedule. The Vendor will be required to adhere to, meet and maintain activities to the timeline schedule as planned. The Vendor will also be required to be flexible towards changes in the priorities of the timeline schedule during the entire project and will make all related changes at no additional cost to the Owner.

3.5 ADDITIONAL RESOURCE REQUIREMENTS

A. If the Vendor fails to complete the project or a segment of the project within the time period agreed to in the Contract Documents, and if as a result, the Owner finds it necessary to incur any additional costs and/or expenses (for example, needing to hire additional Vendors to complete work which is not being completed in a timely or satisfactory manner), the Vendor shall pay all those costs and expenses incurred by the Owner. These costs and expenses may include, but are not limited to, such items as additional hours spent by the Technology Designer, additional architectural fees and fees related to the acquisition of additional Vendors to complete the job. These costs and expenses may be retained by the Owner from any payments otherwise due to the Vendor for work, which has not been completed within the terms of the Contract Documents. The Owner may hire additional Vendors if seven (7) day notice has been given to the Vendor and the Vendor has failed to remedy the failure, to act in accordance with the notice, or has repudiated the contract. Failure by the Vendor to give adequate assurances when deadlines on the timeline have not been met will also result in the Owner’s right to bring in other Vendors to complete the contract or a segment of the contract.

3.6 CLEAN-UP AND MAINTENANCE

A. During preparation and construction, the project area must be kept free from scrap and debris in accordance with established safety and health standards. Upon completion of work, each day and at the end of the project, the Vendor will be held responsible to clean up and remove debris from the site. Damage to any portion of equipment or existing structure is the responsibility of the Vendor and repairs must be completed before acceptance and final payment is issued.

B. Vendors shall not use Owner trash containers or dumpsters for any disposal of packaging materials or boxes. All trash shall be removed from the Owner’s sites by the Vendor and properly disposed of off-site.

3.7 PAYMENT FOR SERVICES

A. No later than two (2) weeks prior to the date of the first application for payment, the Vendor shall furnish the Owner with a breakdown of the contract amount setting forth the schedule of values of labor and materials of the various parts of the work on which this contract is based as detailed from the specifications or as further directed by the Owner. A meeting between the Technology Designer and the Vendor shall also be required before the first application for payment is submitted to set forth the procedure and format in which all applications are to be submitted. Final payment will be made only after the successful completion of a performance-testing period, the Owner’s acceptance of the system and final documentation has been received and approved by the Technology Designer and the Owner.

B. Final payment by the Owner to the Vendor shall be made within thirty (30) days of final completion, Owner acceptance of the system as installed and receipt and approval of final documentation by the Technology Designer and the Owner.

C. Ten percent (10%) of the total contract amount will be withheld and will not be paid until after final acceptance, which includes submission and approval by the Owner and the Technology Designer of all work, testing results, documentation and as-built drawings (see Section 4.27 Owner’s Right to Use).

3.8 CONTRACT PAYMENT SCHEDULE

A. The Vendor shall pay all sales, consumers, use and any and all other applicable taxes required by law.

B. The Technology Designer will review and certify the accuracy of invoices for the Owner's subsequent review, approval and payment. Certification by the Technology Designer that the invoice is an accurate account of work properly performed does not prevent the Owner from disputing the propriety of any applicable payment.

C. Any questions regarding the payment process should be directed to Ms. Corey Greenfield at (248) 594-5850 or by e-mail at cgreenfield@wrighthunter.com. All invoices and requests for payment should be sent directly to the Technology Designer at the following address:

Wright & Hunter, Inc.

Attn: Corey Greenfield 818 West 11 Mile Road Royal Oak, MI 48067

D. Rates quoted in response to this request are firm for the duration of the proposed contract phase. No increases will be permitted. Any requests for modification to the original design and/or scope of work must be approved in writing by the Owner prior to any modification.

E. Each Application for Payment shall be consistent with previous applications and payments as certified by the Technology Designer and paid for by the Owner.

1. The Application for Payment at time of Substantial Completion and the final Application for Payment involve additional requirements.

F. Payment Application Times: The date for each progress payment is the 15th day of each month. The period of construction Work covered by each Application for Payment is the period ending fifteen (15) days prior to the date for each progress payment and starting the day following the end of the preceding period.

G. Payment Application Forms: Use AIA Document G 702 and Continuation Sheets G 703 as the form for Application for Payment.

H. If the bid involves more than one project, each project shall have separate payment application forms. The Technology Designer will identify each project.

I. Application Preparation: Complete every entry on the form, including notarization and execution by the person authorized to sign legal documents on behalf of the Vendor.

Incomplete applications will be returned without action.

1. Include amounts of Change Orders and Construction Change Directives issued prior to the last day of the construction period covered by the application.

J. Transmittal: Submit three (3) executed copies of each Application for Payment to the Technology Designer. One copy shall include waivers of lien, proof of items stored, proof of insurance for stored items and similar attachments, when required.

K. Waivers of Mechanics Lien: With each Application for Payment, submit waivers of mechanic’s lien from every entity who may lawfully be entitled to file a mechanics lien arising out of the Contract, and related to the Work covered by the payment. The Vendor acknowledges that liens cannot be placed on public property and are therefore inapplicable to this project.

L. Application for Payment at Substantial Completion: Actions and submittals that shall proceed or coincide with this application include:

1. As built documentation (should be received by the Technology Consultant once Vendor states the Project is complete – before punch list has been issued to the Vendor).

2. Warranties (guarantees) and maintenance agreements.

3. Test/adjust/balance reports.

4. Maintenance instructions.

5. Start-up performance reports.

6. Final cleaning.

7. Application for reduction of retainage, and consent of surety.

8. Punch list of incomplete Work.

M. Final Payment Application: Actions and submittals that shall precede or coincide with this application include:

1. Completion of Project closeout requirements.

2. Completion of items specified for completion after Substantial Completion.

3. Transmittal of required Project construction records to the Owner.

4. Proof that taxes, fees and similar obligations have been paid.

5. Removal of surplus materials, rubbish and similar elements.

3.9 VENDORS SWORN STATEMENT AND WAIVER OF LIEN

A. The Vendor's sworn statement and waiver of lien shall be submitted with the invoice. The Vendor must state all subcontractors and status of payment for labor and materials to each. Payment will not be processed until these forms have been received.

3.10 INTERRUPTION OF OCCUPANCY

A. The installation must not interrupt the normal activity of the Owner. All work which will cause disruption of the Owner’s existing systems and services must be accomplished during time periods when it is least inconvenient to the Owner and completed in the shortest possible time frame (i.e. after normal school hours). The Owner is not responsible for any overtime and/or premium time not identified in the Vendor’s base bid pricing response.

B. Each Vendor is responsible to plan, coordinate and execute their work in such a manner that there will be no disruption of the Owner’s operations. If an interruption of operations is unavoidable, the work will be scheduled with the Owner prior to beginning such work.

3.11 REJECTING DEFECTIVE WORK

A. The Technology Designer and/or the Owner will have the authority to disapprove or reject work, which is defective, unsatisfactory, and faulty, does not conform to the requirements of the Contract Documents or does not meet the manufacturers’ requirements. The Technology Designer and/or the Owner will also have the authority to require special inspection or testing of the work whether or not the work is fabricated, installed or completed.

3.12 SPECIFICATION DEVIATION

A. Commodities procured under these specifications shall not deviate from those originally contracted for without written approval from the Owner and so long as consistent with law.

B. The Owner has sole responsibility for the interpretation of all documents. Any claims and/or disputes associated with and/or arising from this RFB must be submitted in writing and directed to the Owner within thirty (30) days of dispute and/or claim.

3.13 EXECUTED CONTRACT TO CONSTITUTE ENTIRE AGREEMENT

A. All contracts for work herein are subject to all existing and applicable provisions for the payment of prevailing rate of wages to laborers, workmen and mechanics engaged in the work.

B. Except as set forth in Paragraph 3.13(C) below, the contents of the Contract Documents of the successful Vendor shall be contractual obligations upon bid acceptance. Failure of the successful Vendor to accept these obligations in a contractual agreement may result in a cancellation of award and forfeiture of bid bond.

C. The Owner reserves the right to negotiate provisions in addition to those stipulated in this RFB or proposed by the successful Vendor for the purpose of obtaining the best possible offer. If the Vendor should discover any provisions in the contract that are contrary to or inconsistent with the law, ordinance, order or decree, the Vendor shall immediately report it to the Owner in writing.

3.14 CONTRACT SUSPENSION, TERMINATION AND CANCELLATION

A. The Owner may cancel the contract effective as a result of this RFB in whole or in part as follows:

1. By mutual agreement of the contracting parties. Upon such termination, the Owner’s liability shall be limited to the reasonable value of services performed and deemed acceptable by the Owner upon the date of such mutual agreement.

2. If the Owner deems that such termination is in its best interest. In the event that the Owner gives notice to terminate pursuant to this subsection, such notice shall be given no less than thirty (30) days prior to the date on which the termination becomes effective. Upon such termination, the Owner’s liability shall be limited to the reasonable value of services performed and deemed acceptable by the Owner as of the effective date of the termination.

3. For cause, which shall include, but is not necessarily limited to, failure or unwillingness of the Vendor to comply with the approved program, including attached conditions; failure to comply with applicable state statutes or other applicable laws or policies; or failure to comply with such directives as may become generally applicable at the time; refusing/failing to provide enough properly skilled workers to timely complete the work; failing to pay subcontractors and suppliers; failing to prosecute the work with diligence; and breaching any term of the Contract.

4. Due to lack of appropriation of necessary funding, cancellation due to lack of appropriation shall be without penalty. Upon such cancellation, the Owner’s liability shall be limited to the reasonable value of services performed and deemed acceptable by the Owner as of the effective date of cancellation.

B. The Contract may only be modified by: (i) mutual written agreement of the parties, (ii) a properly-executed change order, signed by the Vendor, Owner and Technology Designer describing the additional/different work, price and time frame for performance, and (iii) a construction change directive issued by the Owner, for which the Vendor must commence prosecution of the work promptly (but no less than 10 days) and any modification to contract price or time will be later determined. In the event the parties cannot mutually agree to an adjustment in price or time for a construction change directive, the Technology Designer shall have the right and authority to determine same.

If the Vendor objects to such determination, it may file a claim in accordance with the Contract. Rejection by the Vendor of any construction change directive may be the basis of contract suspension, termination or cancellation.

C. No cancellation will affect any expenditures or legally binding commitments made prior to receiving notice of the cancellation, suspension or termination provided such expenditures or commitments were made in good faith and not in anticipation of cancellation and are otherwise allowable.

D. Upon execution of the Contract, the Owner shall be deemed the owner of all materials and equipment actually incorporated into or purchased for the project, as well as the owner of all documentation used with respect to same. In the event of cancellation prior to the full term of the contract, the Vendor shall arrange to provide the Owner with all work documents, computer programs and files used/developed by the Vendor during the period the contract was effective. The title to such programs and materials as well as any equipment and materials supplied while the contract is in effect, shall rest with the Owner.

3.15 DELAYS AND EXTENSIONS OF TIME

A. If the Vendor is delayed at any time in the progress of the work by any act or neglect of the Owner, an employee of the Owner, any separate Vendor employed by the Owner (whether related to technology improvements or non-technology improvements), changes ordered in the work, acts of God, fires, floods epidemics, quarantine restrictions, or any other cause beyond the Vendor's reasonable control, then the contract time shall be extended by change order for such reasonable time as the Owner and the Vendor may determine. An extension of time for performance shall be the only remedy for any such delay, and damages related to any such delay are inapplicable.

B. If the Technology Designer and/or the Owner determines that the progress of the work falls behind the current project schedule due to the control, management, direction, acts or omissions of the Vendor, its agents or employees, the Vendor shall take whatever remedial action as directed, including, but not limited to the following:

1. Increase staff and labor force

2. Work overtime

3. Add or change subcontractors

4. Utilize more expensive materials/methods

5. Reschedule

C. Costs of any remedial action, which are caused by the control, management direction, acts or omissions of the Vendor, its agents or employees, shall not be assigned to the Owner and no increase in contract price will be authorized.

3.16 DELIVERY OF EQUIPMENT AND/OR MATERIALS

A. Delivery shall be destination, set in place, ready for use unless otherwise specified, with packing and debris removed by the Vendor. The Vendor shall receive and accept its equipment and/or materials from the transportation company or carrier and shall provide all handling, carrying, etc., to the final location for each piece of equipment and/or materials in the building. Crating materials and other trash resulting from the installation shall be removed from the premises daily. Excelsior and similar hazardous trash shall be removed immediately upon unpacking. No accumulation of trash shall be permitted.

B. The Vendor must have a representative at the job site during all unloading and placing of equipment. This service shall be included in the Vendor's proposal (and, thus, the Contract Sum).