2023 Managed Switching Replacement Final.pdf

McKeesport Area School District 3590 O’Neil Blvd., McKeesport, PA 15132 Phone 412-664-3600 Fax 412-664-3952

Full instructions to bidders, general conditions, specifications, form of proposal and all contract documents required may be obtained at the McKeesport Area School District administration building, in person or upon request, by mail.

Bids must be received in the McKeesport Area School District’s Business Office, no later than 12:00 p.m., (noon) EST:

On Friday, May 19th, 2023

All envelopes containing bids MUST BE CLEARLY MARKED:

SEALED BID

FOR

MANAGED SWITCHING EQUIPMENT

REPLACEMENT

DO NOT OPEN

INVITATION FOR BIDS

1. Sealed bids will be received up until 12:00 P.M., (noon), (prevailing time, EST on

Friday, May 19th, 2023 at McKeesport Area School District, 3590 O’Neil Blvd., McKeesport, PA 15132 in the Board Room.

2. All Bidders are required to attend a Pre-Bid Meeting at McKeesport Area

School District on Monday, May 8th, 2023 at 9:00 A.M. EST. The purpose of the Pre-Bid Meeting is to provide the opportunity for Bidders to get clarity on any facility and bid related questions. The meeting will begin at 9:00 A.M. EST. Bidders will be required to sign in at the Pre-Bid Meeting. Only bids from vendors who attended the Pre-Bid Meeting will be considered. All bidders must sign-in by 8:55 A.M. EST the day of the pre-bid meeting or be excluded from the bidding process.

3. All bids shall be submitted in a sealed envelope marked: “SEALED BID FOR

MANAGED SWITCHING EQUIPMENT REPLACEMENT DO NOT OPEN”.

4. Bids must be typewritten or printed in ink and must be signed by the bidder on the enclosed form(s). UNSIGNED BIDS WILL NOT BE CONSIDERED.

5. Changes, alterations, or interlineations in the bid are not permitted.

6. Bids shall show both unit pricing and total prices. Should figures be irreconcilable, the unit price and the number of units shall govern any awards made on this basis.

7. Bidding documents are furnished in duplicate; one completed copy is to be forwarded to the McKeesport Area School District as indicated in the "Invitation to Bid" and the duplicate retained by the bidder.

8. For any contract exceeding $5,000.00, the contractor shall provide a performance bond and a labor and material payment bond, each in the amount of 15% of the contract price, before the award of the contract. (Sections 756 and 757 of the school code and the Public Works Contractors Bond Law of 1967).

9. Insurance certificates for liability and Workers Compensation must accompany bid.

10. McKeesport Area School District reserves the right to reject any or all bids, or any portion, thereof.

11. All questions with respect to bids must be submitted in writing by mail or email to:

Attn: Technology Coordinator or Approved Designee; McKeesport Area School District

3590 O’Neil Blvd., McKeesport, PA 15132 Bids@mckasd.net

INSTRUCTION FOR BIDDERS

NAME OF BIDDER: _____________________________________________________

ADDRESS: ____________________________________________________________

TELEPHONE: __________________________________________________________

CONTACT NAME: _______________________________________________________

Return a copy of the bid specs, completed bidder information sheet, Bid Forms 1, 2, 3, and 4, submission letter, signed proposal, signed and notarized non-collusion affidavit, insurance certificates and certified check or bid bond in the amount of 15% (fifteen percent) of the bid, which is required with the submission of the bid to:

Technology Coordinator or their designee

3590 O’Neil Blvd.

McKeesport, PA 15132

Time Schedule

4/28/23 Bid Request available to potential Bidders

5/8/23 Pre-Bid Meeting at 9:00 A.M. EST

5/19/23 Bids Due no later than 12:00 Noon EST

5/25/23 McKeesport ASD notifies successful Bidder in writing

6/20/23 Managed Switching Equipment Replacement Project to

Begin

8/3/23 Completion of Work

BIDDER INFORMATION

Bid Form 1

Managed Switching Equipment Replacement

The equipment and materials proposed must be equal to or exceed the specifications of the equipment and materials requested in section 1.2 of the General Overview of this request for proposal.

Manufacturer and Model Number of proposed:

Edge Switching Equipment:

Virtual Server Farm Equipment:

Edge Switching SFPs and DACs:

Virtual Server Farm SFPs and DACs:

Switch Management Software:

*If more space than provided is needed, attach an additional sheet.

Total Project A Bid Price $_________________ (to include all labor, materials, equipment, 1-year installation guarantee (equipment, materials, labor) as necessary to complete entire project)

Total Alternate B Bid Price (Voluntary) $_________________ (to include all labor, materials, equipment, 1-year installation guarantee (equipment, materials, labor) as necessary to complete entire project)

Total Alternate C Bid Price (Voluntary) $_________________ (to include all labor, materials, equipment, 1-year installation guarantee (equipment, materials, labor) as necessary to complete entire project)

Exception Summary (Please list all exceptions in your Bid Price from the specifications listed in the Bid Package) – Attach an additional sheet.

Bid Form 2

Add/Delete Schedule

The unit pricing listed below may be used by McKeesport Area School District to add to proposed/installed configuration for up to ninety (90) days after completion date.

McKeesport Area School District recognizes these items as extra and additional to the Managed Switching Equipment Replacement Project. McKeesport Area School District is under no obligation to approve any extra or additional projects outside of the Managed Switching Equipment Replacement Project.

Item Cost Add/Delete Price

*NO ADDITIONAL PROJECTS TO CONSIDER AT THIS TIME*

Bid Form 3

“MAC” Hourly Rates

Current hourly Labor Rates for Moves, Adds and Changes

1. 8:00 AM – 5:00 PM Monday-Friday (exclude holidays) $_________

2. 5:01 PM – 7:59 AM Monday-Friday (exclude holidays) $_________

3. Weekends $_________

4. Holidays $_________

5. Travel Charges $_________

6. Other Charges $_________

Bid Form 4

Bidder’s Account Team

Name # of Years # of Years w/ vendor in industry

1. Project Manager ___________________ ________ ________

2. Laborers ___________________ ________ ________

3. Others ___________________ ________ ________

4. Customer Service ___________________ ________ ________ Representative from Bonding Co. with ___________________ ________ ________ phone number

Security and Clearances

All Bidders must comply with the Pennsylvania Background Checks and Clearances for every person on this project.

Bids will be automatically rejected without all clearances.

Vendor is responsible for all financial obligations to obtain necessary clearances.

ACT 24/82, 34, 114 AND 151 BACKGROUND CHECKS

Criminal Background Checks and Child Abuse Clearances

Act 24/Act 82 Arrest/Conviction Report and Certification Form/List of Reportable Offenses - Enclosed.

This Act 24/Act 82 is a self-disclosure identifying any/all reportable offenses based on the list of reportable offenses. No fee attached to this Act. Please complete and return.

Act 34 Section 1-111 of the Pennsylvania School Code requires that all applicants for school employment, including those of independent contractors must obtain a criminal background check. All applicants are required to submit a Request for Criminal Record Check to the Pennsylvania State Police. The results will be returned directly to you and must be submitted to McKeesport Area School District. The application can be completed online at: http://epatch.state.pa.us.

Act 114 FBI Federal Criminal History Record check requires applicant fingerprints be taken placed on a special card available from the school in which you are seeking employment or from the School Services Unit in the Department of Education. It is important that you identify the Pennsylvania State Board of Education as the requesting agency, (PURPOSE- SCHOOL DISTRICTS) otherwise the results may not be returned through proper channels. The fingerprint-based background check is a multiple-step process:

1. The applicant must register at: http://uenroll.identogo.com and use code

1KG6XN.

2. The applicant must pay the associated fee paid online.

3. The applicant proceeds to the fingerprint site of choice for fingerprint processing.

These sites are posted on the identogo website upon filling out the request.

4. The applicant will receive an ‘unofficial copy’ of the results and MUST include this document with their packet to McKeesport Area School District.

Act 151 In addition to the criminal background check, Sections 6354-6358 (Act 151) of the Public Welfare Code requires that all applicants for school employment, both Pennsylvania residents and non-residents, also obtain a Child Abuse History Clearance.

This request is submitted to the Pennsylvania Department of Public Welfare, Child Line at: www.dhs.pa.gov . The results will be returned directly to you and must be submitted to McKeesport Area School District.

1.0 Scope of Work:

1.0.1 This project is for a successful bidder to provide replacement Managed

Switching Equipment as stated, throughout the existing facility utilizing the bid documents provided. The scope of work will be reviewed at the project pre-bid meeting. At that time, all details of the bid will be reviewed. The Bidder will be responsible for all facets of the bid, acquiring permits if applicable, supplying material as per the specification provided.

Bidder will be responsible for providing a fully completed project as requested within the dates required.

1.1 Requirements

MANAGED SWITCHING EQUIPMENT REPLACEMENT SPECIFICATION

PART 1 - GENERAL

1.1 SCOPE

1.1.1 The work covered by this section of the specifications includes the furnishing of all labor, equipment, materials, and performance of all operations in connection with the completion of the Managed Switching Equipment Replacement Bid as herein specified.

1.1.2 Switching Equipment Replacement to include:

A. Installation and configuration of new managed switching equipment.

B. Demolition and disposal of all replaced switching equipment.

C. Hard and soft copy prints of logical network layout, interfaces, vlans and all applicable locations supplied by successful Bidder.

1.2 Specification of Equipment

McKeesport Area School District will only accept bids that standardize equipment across all District buildings.

1.2.0 Managed Switches – Edge Switching Equipment

A. Managed switches proposed must be Aruba 6200F 48G Class4

PoE 4SFP+ 740W switches – model number JL728A#ABA or an equivalent that meets or exceeds specifications of specified model.

Quantity: 86

Section 1: General Overview

1.2.1 Managed Switches – Server Farm Specific

A. Managed switches proposed must be Aruba 8360-24XF2C v2 FB 3F 2AC – model number JL710C#ABA or an equivalent that meets or exceeds specifications of specified model.

Quantity: 2

1.2.2 SFP Transceivers – Edge Switching Equipment

A. SFP Transceivers proposed must be Aruba 1G SFP LC SX 500m

MMF Transceivers – model number J4858D or an equivalent that meets or exceeds specifications of specified model. Transceiver manufacturer must be the same as the edge switching equipment manufacturer.

Quantity: 26

1.2.3 SFP Transceivers – Server Farm Specific

A. SFP Transceivers proposed must be Aruba 1G RJ45 T 100m CAT5E Transceivers – model number J8177D or an equivalent that meets or exceeds specifications of specified model. Transceiver manufacturer must be the same as the server farm specific switching equipment manufacturer.

Quantity: 28

1.2.4 DAC (Direct Attach Copper) Cables – Edge Switching Equipment

A. DAC cables proposed must be must be Aruba 10G SFP+ to SFP+ 1m cables – model number J9281D or an equivalent that meets or exceeds specifications of specified model and Aruba 10G SFP+ to SFP+ 3m cables – model number J9283D or an equivalent that meets or exceeds specifications of specified model. DAC cable manufacturer must be the same as the edge switching equipment manufacturer.

Quantity (J9281D): 26 Quantity (J9283D): 1

1.2.5 DAC (Direct Attach Copper) Cables – Server Farm Specific

A. DAC cables proposed must be must be Aruba 100G QSFP28 to QSFP28 1m cables – model number R0Z25A or an equivalent that meets or exceeds specifications of specified model. DAC cable manufacturer must be the same as the server farm specific switching equipment manufacturer.

Quantity: 2

1.3 Specification of Management Software

1.3.0 Edge Switching Management Software

A. Switch management software must be Aruba Central 62/29xx F 3y E-STU – model number Q9Y74AAE or an equivalent that meets or exceeds specifications of specified management software.

Management Software manufacturer must be the same as the edge switching manufacturer

B. Software Requirements

1. 24x7 365 configuration support through manufacturer

2. Supports one touch deployment through manufacturer branded mobile app

3. Supports Cloud Management

4. Has built in network analytics engine

5. Supports Dynamic Segmentation

6. Must be FedRAMP certified – include proof of certification

1.3.1 Server Farm Specific Management Software

A. Switch management software must be Aruba Central 84/83/64/54xx F 3y E-STU – model number R3K04AAE or an equivalent that meets or exceeds specifications of specified management software.

Management Software manufacturer must be the same as the server farm specific equipment manufacturer.

B. Software Requirements

1. 24x7 365 configuration support through manufacturer

2. Supports one touch deployment through manufacturer branded mobile app

3. Supports Cloud Management

4. Has built in network analytics engine

5. Supports Dynamic Segmentation

6. Must be FedRAMP certified – include proof of certification

1.4 Professional Services

1.4.0 Configuration of Switching Equipment

A. Bidder is required to provide configuration services as it relates to the project to include:

1. Copying configuration of existing Extreme Networks switching equipment

2. Mirroring configuration of existing Extreme Networks switching equipment to proposed equipment to include but not limited to:

vlans, interface configuration, quality of service, and ip schemes

3. Unbox and prepare switching equipment for deployment

4. Configure all stacking where applicable

5. Physical replacement of existing switching equipment with new switching equipment in each building

6. Ensure all patch panel cabling is connected to respective configured ports on new switching equipment, including fiber uplinks and copper patch cables

7. Test and ensure end to end connectivity of devices connected to new switching equipment

8. After successful connectivity tests, perform a configuration backup of each switch or stack District wide

9. Label all switching equipment consistent with District naming conventions

10. Provide two (2) copies of logical network topology that includes physical switch ip addresses, interface ip addresses, its connectivity to other switches or stacks, and IDF location for each building. One copy must be compatible with Microsoft Visio and one copy must be compatible with Adobe Acrobat Reader.

1.3.2 The contractor will notify the Technology Coordinator of any installation or equipment issue that may be discovered during installation that is not covered within this document, or during any pre-bid meeting.

1.3.3 The contractor shall submit with this proposal at least three references of previously completed projects, proof of workers compensation and liability insurance coverage, and all local business licenses and permits as required by local authorities.

1.3.4 The contractor will provide a performance and payment bond to

McKeesport Area School District, OR wavers lien from suppliers will be provided with each invoice of payment plus completion of attached No- Lien letter, which will be notarized or bid will be rejected.

1.3.5 Winning Bidder must transfer any and all implied or written manufacturer warranties on equipment and materials used to McKeesport Area School District ownership.

1.3.6 The McKeesport Area School District reserves the right to disqualify any proposal submitted that includes equipment, materials or software listed in FCC document DA-21-309 as it relates to the Secure and Trusted Communications Networks Act of 2019.

1.5 MATERIALS PROVIDED BY MCKEESPORT AREA SCHOOL DISTRICT

1.5.0 McKeesport Area School District will provide the quantities needed for each component of the requested equipment, software, and licensing where applicable.

1.6 WARNINGS AND MISCELLANEOUS NOTES

1.6.0 McKeesport Area School District reserves the right to keep any and all extra material that was ordered and installed as part of the Managed Switching Equipment Replacement project.

1.6.1 Bidders will also be required to discard any and/or all waste materials generated by this project that are not kept by McKeesport Area School District in the proper manner which is in compliance with any and/or all Federal, State, or Local environmental laws or regulations.

1.6.2 All bids shall EXCLUDE sales and excise taxes, as the District is exempt from paying such taxes. The District upon request will furnish exemption certificates.

1.7 RESERVATION OF RIGHTS

1.7.0 The intent of the Request for Proposal is to lead to the successful awarding of a final contract. In order to permit the District to undertake an analysis of diverse proposals, responding companies must respond to the terms of this Request for Proposal as they are set forth herein, and that response must be in the form of an offer that is firm for a period of ninety

(90) days. The McKeesport Area School District School Board reserves the right to reject any and/or all offers. The McKeesport Area School District School Board reserves the right to waive informalities or non-compliance with submission procedures. The McKeesport Area School District School Board reserves the right to determine responsibility of the submitting party and its proposal.

1.0 Submission Letter

The Bidder is to submit a letter of submission with their Bid Packet. This letter is to be in Standard Business Form and be signed by an authorized individual. It must include all items listed below.

1. A statement indicating that the Bidder is a corporation or other legal entity and that Bidder has been in business no less than ten (10) years. And if requested, Bidder is to supply a copy of its most recent annual report. Also include a copy of Bidders corporate tree (for escalation purposes).

2. A statement that the Bidder will list all subcontractors for any portion of work that is to be performed.

3. Any or all contractors must sign a no lien clause.

4. A statement that the Bidder understands all requirements/specifications set forth in the Request for Bid and that Bidders proposed system meets these requirements/specifications except where noted in the Exception Summary.

5. The Bidder shall provide a list of at least three (3) similar or larger

Managed Switching Equipment Replacement projects that the bidder has installed and maintained in locally during the last five (5) years. These installations must be verifiable by the Buyer. Please include: company name, contact person with telephone number.

6. Bidder is to attach a written Manufacturer’s Guarantee for replacement equipment and materials for the proposed equipment for a duration no less than the Manufactures warranty period.

7. Bidder is to attach a written Vendor and/or Installer Guarantee for the period of 1 year against any defect or damage to equipment or material as a result from installation.

2.0 Exception Summary

The Bidder shall list ALL exceptions from its mandated requirements in the Request for Bid. Please properly identify exception (page, section).

McKeesport Area School District assumes that all criteria and conditions not specifically stated in the Exception Summary are in compliance with the Request for Bid specifications and are included in the Total Bid Price.

Section 2: Quotation Instructions

3.0 Manufacturers Literature

Bidders are to include all manufacturers’ literature that is pertinent to the Bidders proposed system.

4.0 Bidders Standard Business Forms

Required items include Bidders List of Equipment, Sales Contract, and Guarantee Statement/Contract.

5.0 Bid Forms

Bidder is to use Bid Forms that have been attached. Please type required information in spaces provided. Bid Forms include are:

1. Managed Switching Equipment Replacement Quotation

2. Add/Delete Schedule

3. Moves, Adds and Changes Hourly Rates

4. Bidder’s Account Team

6.0 Alternate Bid

Bidder may prepare more than one solution. Each solution must be a complete bid and identified as an “alternate bid”. If Bidder provides multiple solutions, specify priority of each solution.

1.0. GENERAL CONDITIONS

1. Local Conditions: Generally, deliveries shall be made to McKeesport Area School District, 3590 O’Neil Blvd., McKeesport PA, 15132, Monday through Friday, between the hours of 8:00 a.m. and 2:00 p.m. All bidders shall acquaint themselves with local conditions. A notification of 48 hours shall be given the McKeesport Area School District prior to any delivery. Final delivery destination may be altered by the McKeesport Area School District to the building of installation.

2. Invoicing: Request for payment shall be mailed to: McKeesport Area School

District, 3590 O’Neil Blvd., McKeesport, PA 15132 ATTN: Business Manager or their designee and an electronic copy of the invoice emailed to Joyce Hammer at jhammer@mckasd.net with the subject “Managed Switching Equipment Replacement Invoice”. Request for payment must contain the purchase order numbers issued for the purchasing of awarded items.

3. Payment will be made within forty-five (45) days after the completion of project and receipt of request for payment pending board approval of monthly bill payments.

A. Invoice payment will be made to the bidder/vendor no later than sixty

(60) days after the latest of the following dates: (i) date on which the McKeesport Area School District's Business Manager or designee receives a proper invoice; or (ii) date on which the McKeesport Area School District accepts the goods.

B. Payments are considered made by the McKeesport Area School

District as of the date of the payment check.

C. Interest and/or interest penalty, if applicable, shall be at a rate of one half percent (.5%) per month.

4. If any bidder finds discrepancies or is in doubt as to the true meaning of any part of the plans, specifications or other contract documents, he/she shall, at once, submit to the McKeesport Area School District, ATTN: Business Manager or their designee, a written “request for information” within a twenty-four (24) hour period and shall be responsible for its prompt delivery.

1.2.

1. The Advertisement for Bids, Information to Bidders, the Specifications for Services Rendered, as well as the Proposal, Agreement and Bonds, shall be collectively known and designated as the "Contract Documents" and together shall form the Contract.

2. No bidder may withdraw his/her bid for a period of ninety (90) days after the date set for opening thereof.

CONDITIONS OF BID PROPOSAL

3. The McKeesport Area School District reserves the right to waive any formalities or reject any and all bids or portions thereof. McKeesport Area School District is referred to as the owner.

4. No rights shall accrue to any person submitting a bid or proposal until such bid has been accepted, contract awarded and the contract and/or purchase order finalized and completely executed in writing by the duly authorized officer(s) at McKeesport Area School District.

5. Contractor will be responsible for any damage caused by the contractor or his employees, suppliers, servants and agents. Contractor further covenants and agrees to assume and does hereby assume all liability for, and shall and does agree to, indemnify and save McKeesport Area School District against any and all loss, costs, suits, charges or damages arising from injuries sustained by mechanics, laborers, workmen or by any person or persons whatsoever, to their persons or property; whether employed in and about the said workplace or otherwise, by reason of any accidents, damage, injuries, torts or trespasses happening in or about; or in any way incident to or by reason of the performance of this contract and the performance of said work and labor, including costs, counsel fees and all expenses of defense and agrees to carry usual property damage and liability insurance to furnish certificates, therefore, when required by McKeesport Area School District.

6. All applicable laws shall be deemed to be part of these specifications and the contract shall be read and enforced as though they were included.

7. Bidders must sign the contract, if any, as prescribed by the forms. When a bidder is a corporation, documents must be signed by a president, vice president, secretary or assistant secretary, or their official designee. If signed by one person, a copy of the authority of such person must accompany the proposal.

8. A certified check or bid bond in the amount of fifteen (15%) percent of the bid is required with the submission of the bid.

1.3.

1. The award (if any), and/or work authorization shall be issued by McKeesport

Area School District within forty-five (45) days of the bid opening date.

It is a condition of this transaction that in the event McKeesport Area School District shall have accepted and paid for any materials but shall discover, upon inspection at a later date, that the shipment does not conform to the specifications and/or other quality standards, the bidder agrees to replace any or all of the quantity that does not meet the specifications and conform to the standards of the sample without extra charge to McKeesport Area School District.

2. The bidder agrees, if awarded the contract, to furnish and deliver the specified products at such times, at such places and in such quantities as herein specified, and that all of the products shall be subject to inspection and approval. In the event that any of the said products shall be rejected as unsuitable or not in conformity with these specifications, a replacement shall be furnished in place, thereof, at the expense of the successful bidder.

3. Bid figures shall include all charges including shipping and delivery at the destination called for in the specifications. McKeesport Area School District will furnish tax exemption certificates in cases where federal excise and state taxes would otherwise be collectible, if needed, upon request.

Delivery will be required at destinations as indicated. All deliveries must be shipped prepaid, and bids shall include all costs.

4. In the event that the successful bidder shall neglect or refuse to furnish and deliver the said articles or any part thereof, or perform any labor, as provided in these specification or to replace any work, installation or articles which are rejected as stated in the preceding paragraphs, McKeesport Area School District is authorized and empowered to purchase articles in conformity, or remove nonconforming installations and reinstall, with such party or parties in such quantities and in such a manner as it shall select at the expense of the successful bidder or to cancel this contract reserving to itself, nevertheless, all rights for damage which may be incurred by McKeesport Area School District.

5. The bidder agrees that if awarded the contract, he/she will not assign, transfer, sublet or contract out any or all portions of the project unless specific permission to do so is requested in writing by the bidder and granted in writing by McKeesport Area School District.

6. Execution of the Contract by the Contractor is a representation that the

Contractor has visited the site, become familiar with all existing site conditions, site access, physical characteristics of the site and other relevant local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents.

Contractor acknowledges and agrees that they have thoroughly reviewed and inspected the Contract Documents, that they have had the opportunity to seek, and has sought, clarification or explanation of any perceived ambiguity, discrepancy, error or omission in the Contract Documents, and that the Contract Documents are adequate and sufficient to provide for the completion of the Work, and include all Work, whether or not shown or described, which reasonably may be inferred to be required or useful for the completion of the Work in accordance with all applicable laws, codes, and professional standards.

7. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents shall be construed to require all Work, whether or not shown or described, which reasonably may be inferred to be required or useful for the completion of the Work in accordance with all applicable laws, codes and professional standards.

8. The Contractor shall take site measurements and verify site conditions and shall carefully compare such site measurements and conditions and other information known to the Contractor with the Contract Documents before commencing activities. No extra compensation will be allowed due to any dimensions or site conditions which the Contractor reasonably could have ascertained by such a site inspection.

9. It shall be the obligation of the Contractor to notify the Owner of any discrepancy between the Contract Documents and applicable codes and regulations of which the Contractor has knowledge or should be reasonably able to determine. The Contractor shall not violate any requirements of applicable laws, codes and ordinances, or of any recorded covenants of which the Contractor has knowledge. If the Contractor observes that portions of the Contract Documents are at variance with applicable laws, statues, ordinances, building codes, rules or regulations, the Contractor promptly shall notify the Owner in writing, and necessary changes shall be accomplished by appropriate modification.

10. The Contractor at all times shall observe, comply with, and post as required all federal, state, and local laws, ordinances, and regulations in any manner affecting the conduct of the Work or applying to employees on the project, as well as all orders or decrees which may be promulgated or enacted by any legal bodies or tribunals having authority or jurisdiction over the Work, materials, employees, or Contract. The Contractor shall hold harmless and indemnify the Owner and its representatives against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by the Contractor or its employees.

11. The Contractor shall secure and pay for the building permit and any and all other Government permits, licenses or fees necessary for the complete performance of the Work.

12. The Contractor shall pay all wage and occupation taxes as required by the municipality at the Project Site.

13. The Contractor shall pay sales, consumer, use and similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted when bids are received or negotiations are concluded, whether or not yet effective or merely scheduled to go into effect. The Contractor agrees to assign and transfer to the Owner all its rights to sales and use tax which may be refunded as a result of a claim for refund for materials purchased in connection with this contract. The Contractor further agrees that it will not file a claim for refund for any sales or use tax which is the subject of this assignment. The Owner or its representative shall be afforded access to the entirety of the Contractor’s records relating to this contract that may be reasonably necessary to the Owner’s pursuit of sales and use tax refunds, and for such purpose, the Contractor shall preserve all such records for a period of three years after the date of final payment.

14. Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated in the Work.

15. If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents or fails to carry out Work in accordance with the Contract Documents, the Owner, by written order signed personally or by an agent specifically so empowered by the Owner in writing may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity.

16. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails with in twenty-four (24) hours after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies the Owner may have, commence and continue to carry out or correct deficiencies in the Work. In such case, the Contract Sum shall be adjusted for all costs incurred by the Owner in the correction of such deficiencies. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner. The right of the Owner to correct the Work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity.

17. The Contractor shall promptly correct Work rejected by the Owner or failing to conform to the requirements of the Contract Documents, whether observed before or after completion and whether or not fabricated, installed or completed. The Contractor shall bear costs of correcting such rejected Work, including additional testing and inspection services and expenses made necessary thereby.

18. The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees and other persons performing portions of the Work under a contract with the Contractor.

19. The Contractor shall enforce strict discipline and good order among the

Contractor’s employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them.

20. All workmen and workwomen on this project must have Act 24, Pennsylvania

State Police ACT 34, Act 114 FBI Fingerprinting and ACT 151 Child Welfare CLEARANCE AFFIDAVITS. A copy of these aforementioned clearances must be provided to the Office Coordinator prior to any employee being on the property to begin their duties associated with this bid. The cost of obtaining these “Clearance” shall be the responsibility of the bidder.

21. The Contractor shall keep the premises and the surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At the completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor’s tools, construction equipment, machinery and surplus materials.

22. If the Contractor fails to clean up on a daily basis, the Owner may do so provided twenty-four (24) hours written notice has been given to the Contractor’s representative by the Owner of the clean-up to be undertaken by the Owner. The cost of such a clean-up shall be charged to the Contractor.

23. To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold harmless the Owner, and its officers, directors, employees and agents, from and against claims, damages, losses and expenses, including but not limited to, attorney’s fees and defense costs, arising out of or resulting from performance of the Work, to the extent caused in whole or in part by the acts or omissions of the Contractor, anyone directly or indirectly employed by the Contractor or anyone else for whose acts of omissions the Contractor may be liable. The Contractor agrees to and does hereby assume on behalf of the Owner, and its officers, directors, employees and agents, the defense of any action at law or in equity which may be brought against such indemnities by reason of claims for which indemnity is owed hereunder, and will pay on behalf of such indemnities, upon their demand, the amount of any judgment that may be entered against such indemnities in any such action.

24. Time limits stated in the Contract Documents are of the essence of the

Contract. By bidding and executing the Agreement, the Contractor confirms that the Completion Date stated herein is a reasonable period for performing the Work.

25. The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. The Contractor agrees to increase manpower, increase work hours and to increase equipment necessary to maintain the projected progress schedule.

26. The Contractor agrees that if he shall fail and finally complete the Work by the Contract Completion Date or such duly signed extension thereof as shall be granted in Accordance with the conditions of the Contract, then the Contractor shall pay to the Owner or agrees to a deduction from any funds due said Contractor from the Owner the sum of Five Hundred ($500.00) Dollars PER DAY for each and every Calendar Day thereafter, until such work shall be fully and finally completed in accordance with the Contract Documents, not as a penalty, but as liquidated damages arising from the loss of use of the building(s), the diversion of administrative time from other tasks, and other additional losses, inconveniences and damages of the Owner which are difficult to qualify. Such liquidated damages shall be in addition to, and not inclusive of, any additional Owner engineering, construction management of attorney’s fees necessitated by the failure of the Work to conform to the Contract Documents as otherwise provided herein.

27. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract, including special safety precautions and programs for the protection of staff, students, visitors and others who use the premises.

28. The Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to:

a. Employees on the worksite, the public, the Owner and its officers, directors, employees, students and visitors, and other persons who may be affected thereby;

b. The Work and materials and equipment to be incorporated therein, whether in storage on or off site, under care, custody or control of the Contractor; and

c. Other property at the site or adjacent thereto, such as walls, ceilings, floors, physical firewalls and utilities not designated for removal, relocation or replacement in the course of construction.

29. The Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety, and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities.

30. The Contract shall be governed by the law of the place where the Project is located.

31. The Contractor and Owner mutually agree that the Contract Documents are not to be presumptively construed or applied in favor of or against either party hereto.

32. The Owner and Contractor respectfully bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract.

33. Duties and obligations imposed by the Contract Documents and rights and remedies available there under shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law.

34. No action or failure to act by the Owner shall constitute a waiver of a right or duty afforded it under the Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach there under, except as may be specifically agreed in writing.

35. Should the Contractor suffer injury or damage to person or property because of an act or omission of the Owner or of any of the Owner’s employees or agents for whose act the Owner or of any of the Owner’s employees or agents is legally liable, the claim shall be made in writing to the Owner within thirty (30) calendar days after the first observance of such injury or damage, otherwise such claim shall be waived. This clause shall not allow claims for injury or damages that are otherwise precluded by these Contract Documents. The Owner shall not be responsible for actions or inactions of the other Contractors.

36. Tests, inspections and approvals of portions of the Work required by the

Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time.

Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority and shall bear all related costs of tests, inspections and approvals, including the costs of retesting for verification of compliance with the requirements of the Contract Documents, and all such costs shall be included in the Contract Sum.

37. Neither the Contractor nor anyone furnishing labor or materials to the

Contractor in connection with the Work shall have the right to file or otherwise assert any mechanic’s or material man’s lien or other lien against the Work or the premises upon which the Work is to be located or against any property of the Owner. The Contractor agrees to indemnify and hold harmless the Owner from all costs, attorney’s fees and other damages arising from any lien filed by anyone claiming by, on behalf of or through the Contractor and, upon notification from the Owner of the filing of a lien, the Contractor shall promptly take all necessary action to discharge or remove such lien.

38. Workers designated to the project must be direct employees of the winning vendor. Bids that list sub-contractors will be disqualified.

PART TWO: INSTRUCTION TO BIDDERS

2.1 BID CONDITIONS

To qualify for bidding, Bidders must attend the PRE-BID MEETING.

NOTE: Bidders will be required to sign in at the PRE-BID MEETING. Only bids from Bidders who attend the PRE-BID MEETING will be considered. All bidders must sign in by 8:55 A.M. EST on the day of the pre-bid meeting or be excluded from the bidding process.

2.2 No bid will be recorded unless the Bid Reply Form is completed and signed by the bidder.

2.3 All bids will be effective for ninety (90) calendar days from the date of the bid opening and no bid may be withdrawn during that period except as permitted by law.

2.4 It is understood that quantities indicated in the specifications are estimates of our needs and that these quantities may be increased or decreased by the Owner at the time orders are placed.

2.5 It is understood that the bidder agrees to deliver prepaid, F.O.B., to 3590 O’Neil

Blvd., McKeesport PA, 15132. Each item must have the shipping prices included in the unit price.

The Owner will not be responsible for payment of collected shipping charges nor any shipping charges not included in the bid. Deviation from this condition will not be acceptable.

2.6 It is understood that the bidder agrees to furnish according to specifications all items for which a quotation is offered. The Owner will consider all items offered as “or equal” when offered at the same or lower price, but reserves the right to determine which is strictly “or equal” taking into consideration that which appears to best serve the purpose of the Owner. If a substitution is intended for any item, the bidder must clearly indicate his offering including the manufacturer and product number in the body of specifications and submit details. Any substitution for specified materials must follow the guidelines stipulated in Sections 1 – General Overview, of this project manual.

2.7 The Owner does not obligate itself to accept the lowest of, or any bids, and particularly reserves the right to accept or reject any or all bids and to waive any informalities in the bidding process.

2.8 It is understood that the “unit price for additions” on the form of bid, shall prevail over the extended price and that the price per unit shall be the unit specifically indicated by the Owner. In the case of a price discrepancy, the indicated price, when multiplied by the number of units desired, shall be the acceptable bid price.

2.9 In accordance with the Worker and Community Right to Know Act, all items containing hazardous substances and mixtures, as determined by the Department of Labor and Industry, must be labeled as such and accompanied by the appropriate MATERIAL SAFETY DATA SHEETS (M.S.D.S.). Suppliers may mail the M.S.D.S. sheets at the time of material shipment.

2.10 Owner will not discriminate in its educational programs, activities or employment practices, based on race, color, national origin, sex, disability, age, religion, ancestry, union membership or any other legally protected classification.

Announcement of this policy is in accordance with state and federal laws, Including Title IX of the Educational Amendments of 1972, and Sections 503 and 504 of the Rehabilitation Act of 1973.

Employees and participants who have an inquiry or complaint of harassment or discrimination, or need information about accommodations for persons with disabilities, should contact: Mr. Charley Kiss, Business Affairs/Title IX Coordinator @ 412-664-3600 x.3680, McKeesport Area School District.

2.11 PRE-BID MEETING

A mandatory pre-bid meeting shall be held on Monday, May 8th, 2023. The meeting will be conducted in the board room at McKeesport Area School District, 3590 O’Neil Blvd., McKeesport PA, 15132. The purpose of this meeting is to review site conditions and the contents of this project manual.

NOTE: Bidders will be required to sign in at the pre-bid meeting. Only bids from contractors who attend the pre-bid meeting will be considered. All bidders must sign in by 8:55 A.M. EST on the day of the pre-bid meeting or be excluded from the bidding process.

2.12 BONDS

A bid bond, or certified check, for an amount not less than fifteen percent (15%) of the amount of the bid, shall accompany each bid. The check or bond from each unsuccessful bidder will be returned within ten (10) calendar days after the project has been awarded. Failure of any accepted bidder to enter into a contract to complete the specified work may cause the forfeiture of his bid security.

The successful contractor will be required to furnish a Performance Bond and a Labor & Materials Bond within ten (10) calendar days after the official notification of award of each contract. The premium for these bonds shall be included in each Contractor’s bid.

PERFORMANCE and LABOR and MATERIAL PAYMENT BONDS: the Contractor shall provide a performance bond and a labor and material payment bond, each in the amount of one hundred (100%) percent of the contract price, within ten (10) calendar days of bid award. (Sections 756 and 757 of the Public School Code of 1949, as amended, and the Public Works Contractors Bond Law of 1967).

The form of the bonds and sureties shall be acceptable to the Owner and for the following amounts:

1. Performance Bond for the full amount (100%) of the contract insuring the faithful performance of all provisions of the contract and satisfactory completion of the specified work, within the time agreed upon and covering all guarantees against defective material and workmanship in any work under the contract for a period of one (1) year after the work has been accepted by McKeesport Area School District hereafter known as the Owner.

2. A labor and material Bond for the full amount (100%) of the contract will also be required for the protection of all sub-contractors and material suppliers. Bonds shall bear the same date as that of the contract.

2.13 INSURANCE

The successful contractor shall provide certificates evidencing Comprehensive General and Automobile Liability Insurance naming the Owner and General Contractor (if applicable) as additional named insurers for a combined single limit of liability of not less than $1,000,000.00 and including:

2.14 Products and Completed Operations: including endorsements for Broad form Property damage and completed Operations.

2.15 Personal injury: including exclusion of A and C.

2.16 Broad Form Contractual Liability.

2.17 Independent Contractors.

2.18 Automobile and Non-Owned Auto Liability.

2.19 Owner’s and Contractor’s Protective Liability.

Also, such insurance as is required to cover Workman’s Compensation in States where Workman’s Compensation laws are in force. Additionally, employee’s liability of $100,000.00 and any municipal, state and federal insurance that is required by law.

The Contractor shall not commence work under the contract until he has obtained all insurances required under these specifications and all insurances have been reviewed by the Owner.

2.20 START DATE

Work may begin as soon as; 1.) This project is officially awarded by McKeesport Area School District; and 2.) Start date of June 20th, 2023 is reviewed by and…