23-PS-SNP-01 RFB.pdf

PENNFIELD SCHOOLS REQUEST FOR BID

STRUCTURED CABLING, NETWORK INFRASTRUCTURE, AND

PUBLIC ADDRESS SYSTEM EXPANSION

BATTLE CREEK, MICHIGAN W&H Project No: 23-PS-SNP-01

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SECTION 1

PROJECT SUMMARY

1.01 SUMMARY

A. Pennfield Schools (the “Owner”) is soliciting Bids until 1:00 PM February 8, 2024 (the “Due Date”) for the purchase, installation, and configuration of a Structured Cabling System, Network Infrastructure, and Public Address System Expansion.

1. The Structured Cabling System Work shall include the optical fiber cabling from the MDF to a new IDF and copper cabling to the new six-classroom addition.

2. The Network Infrastructure Work shall include network switches and wireless access points.

3. The Public Address Systems Work shall include cabling and devices to extend the existing Public Address System to the new six-classroom addition.

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 in email format to sbrune@wrighthunter.com.

C. The Owner reserves the right to accept or reject any and all Bids, either in whole or in part, to waive any informalities or irregularities therein, and to award the Contract to other than the Bidder(s) submitting the best financial Bid (low bidder), in its sole and absolute discretion. The Owner may award a contract to a single prime Contractor for all elements for the entire Project or may award any of the elements separately.

D. Contractors must submit a single Bid for all of the elements described in this RFB. No

Bid may be withdrawn after the Due Date for the receipt of Bids for at least ninety (90) days.

E. The formal Bids 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.

1.02 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. FY2024 FUNDING REQUESTS: The specified products and/or services are to be provided for FY2024 (July 1, 2024-June 30, 2025) and must qualify for universal service discounts under the FY2024 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, 2024.

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C. UNIVERSAL SERVICE DISCOUNTS: The service provider contract is conditional upon the Owner receiving universal service discounts under the FY2024 universal service support mechanism, E-Rate. The Owner 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 Owner 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 FY2024 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 Owner has been approved for E-Rate Funding. If the Owner receives less than the full E-Rate Funding for which it applies, the Owner 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, Owner, 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.

1.03 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 SCS in accordance with the technical specifications included in this RFB and all applicable codes and standards.

B. This RFB solicits Bids for a Structured Cabling System (SCS), Network Infrastructure, and the expansion of the existing Public Address System into the North Penn Elementary six classroom addition.

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1.04 STATEMENT OF PURPOSE

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

1. North Penn Elementary - Six Classroom Building Addition

a. Provide and install optical fiber cable from the MDF to the new IDF in North

Penn Elementary.

b. Provide and install Category 6 and 6A cabling from the new IDF throughout the six classroom addition.

c. Provide and install wall-mounted equipment racks in the new IDF.

d. Provide and install grounding and bonding to equipment ground bus in all racks as required. The Contractor shall include all cabling, labor, and programming required for a fully functioning system.

e. Provide and install network switches and access points in the six classroom addition.

f. Provide and install Public Address System cabling and speakers to expand the existing system into the new six classroom addition.

2. 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 all components are in compliance with the requirements stated or reasonably inferred by the Contract Documents.

3. Contractors may bid one, two, or all portions of work for the Structured Cabling System, Network Infrastructure, and the Public Address System expansion.

1.05 TIMETABLE

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

1. RFB Available for Contractors January 8, 2024

2. Contractor Questions Due January 15, 2024 by 12:00 PM

3. Answers Due January 17, 2024 by 5:00 PM

4. Bids Due Date February 8, 2024 at 1:00 PM

5. Post Bid Interviews February 11-14, 2024

6. Award to Contractor February 30, 2024 (Estimated)

7. Start Date April 2024 (Estimated)

8. Completion Date August 2024 (Estimated)

1.06 WORK HOURS

A. All Work in the addition that does not require access to the existing school building or during the summer break, beginning June 3, 2024, shall be performed from 7:00 AM to

4:00 PM.

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B. All Work that requires access to the existing school building before summer break, beginning June 3, 2024, shall be performed after school hours from 3:30 PM to 11:00

PM.

1.07 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 Contractor and any member of the Pennfield Schools board, or the superintendent of the School District.

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

1.08 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 Contractor is not an “Iran linked business” within the meaning of Act.

1.09 CRIMINAL BACKGROUND CHECK

A. All Bids shall be accompanied by a sworn and notarized statement certifying that the

Contractor has performed and/or will perform sufficient criminal background checks, including at a minimum, an Internet Criminal History Tool (“ICHAT”) check, for all of its owners, employees, agents, representatives, contractors and/or other personnel who will be on any School District premises to carry out the services contemplated by the Contract Documents.

1.10 COPPER AND OPTICAL FIBER CABLING WARRANTY

A. All copper and optical fiber components and installation of same shall be guaranteed free of defects in materials and workmanship and shall be repaired or replaced within twenty-four (24) hours following report of such component defects and installation workmanship by the Owner.

B. The Contractor shall be available on call and shall respond on site within one (1) business day of notice, and without cost to the Owner, during the first twelve (12) months of full-scale operation, following acceptance of the system, to repair and/or correct any problems that may arise during the initial period of operation.

C. The components of this project, upon completion, will be warranted by the manufacturer.

The warranty for this wiring system shall be provided as follows:

D. The twenty (20) Year Warranty shall ensure against product defects, that all approved cabling components meet or exceed the latest revision of the specifications and performance requirements of ANSI/TIA-568.1-E, ANSI/TIA-568.2-D, ANSI/TIA-568.3-D

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and ISO/IEC 11801-1 for the copper and fiber optic cabling links/channels. The end-to-end passive product solution shall be capable of delivering Category 6 performance to the networked devices. The warranty shall apply to all passive SCS components.

E. The twenty (20) Year Product Warranty shall cover the replacement or repair of defective product(s) and labor for the replacement or repair of such defective product(s) for a twenty (20) year period.

F. Upon successful completion of the installation and subsequent inspection, the Owner shall be provided with a certificate from the manufacturer, registering the installation.

1.11 NETWORK INFRASTRUCTURE WARRANTY

A. All Network Infrastructure and installation of same shall be guaranteed free of defects in materials and workmanship and shall be repaired or replaced within twenty-four (24) hours following report of such component defects and installation workmanship by the Owner.

B. The Contractor shall be available on call and shall respond onsite within one (1)

C. A lifetime manufacturer’s warranty shall be included for the network switch and associated components.

D. A manufacturer’s warranty shall be included for the wireless access points and associated components for the 10-year term coinciding with the licensing included.

1.12 PUBLIC ADDRESS SYSTEM WARRANTY

A. All Public Address System and components and installation of same shall be guaranteed free of defects in materials and workmanship and shall be repaired or replaced within twenty-four (24) hours following report of such component defects and installation workmanship by the Owner.

B. The Contractor shall be available on call and shall respond onsite within one (1)

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SECTION 2

CONTRACTOR INFORMATION & BIDDING PROCEDURES

CONTRACTOR INFORMATION

2.01 CONTRACTOR RESPONSIBILITY

A. At the time of the Bid opening, each Contractor shall have examined the premises and sites to compare them with this RFB Documents.

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

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

D. The Owner reserves the right to withdraw this RFB at any time or the right to accept or reject any and all Bids, either in whole or in part, submitted in response to this RFB, without penalty. The Owner also reserves the right to waive any informalities or irregularities therein, and to award the Contract to other than the Contractor(s) submitting the best financial Bid (low bidder), in its sole and absolute discretion. The Owner further reserves the right to select a single Contractor as a prime for the entire Project or for only portions of it. The Owner will be the sole judge of its needs and of the best elements of a Bid to meet those needs. The Owner’s decision is final.

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

2.02 CONTRACT LIABILITY

A. The Contractor will be required to assume responsibility for all contractual activities offered in this Bid whether or not the Contractor performs them. Further, the Owner will consider the Contractor to be the sole point-of-contact, with regard 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 Bid configuration is to be subcontracted, such Bids 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 the subcontractor's responsibilities.

B. The Owner reserves the right to approve subcontractors for this Project and to require the Contractor to replace subcontractors found to be unacceptable. The Contractor is totally responsible for adherence by the subcontractor to all provisions of the Contract.

All Contract clauses between the Owner and the Contractor shall also apply to any contract between the selected Contractor and its subcontractor(s).

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2.03 BID MODIFICATIONS

A. Any exceptions, explanations, or statements, which the Contractor wishes to make, must be written on or attached to the Bid Form. Unless indicated, it is understood that the Bid is in strict accordance with all requirements and specifications contained in this RFB, including the Contract. The Technology Designer and/or the Owner may request additional information to clarify the Contractor’s Bid, to verify responsiveness to mandatory specifications, or to facilitate the fair comparison of competing Bids.

B. Bids shall be deemed final, conclusive, and irrevocable. No Bid 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. Bid 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.

2.04 DISCREPANCIES, OMISSIONS, AND INTERPRETATIONS

A. Contractors shall promptly notify Wright & Hunter (the “Technology Designer”) of any ambiguities, inconsistencies, or errors, which it may discover upon examination of this RFB, the Bid Form, Drawings, AIA documents, the Contract, purchase orders generated by the Owner, any addenda to the aforementioned documents and all other documents pertaining to the Structured Cabling System (the “Contract Documents”) or of the site and local conditions. A Contractor requesting clarification or interpretation of the Bid/Contract Documents shall make a written request no later than the date and time shown in Section 1.05, Timetable. E-mail all questions to:

Scott Brune Email: sbrune@wrighthunter.com

B. All questions and answers will be shared with all Contractors issued through the SIGMA and School District websites via addenda which shall become part of this RFB. Each Contractor must in its Bid, to avoid any miscommunication, acknowledge all addenda which it has received, but the failure of a Contractor to receive, or acknowledge receipt of, any addenda shall not relieve the Contractor of the responsibility for complying with the terms thereof.

C. If prior to the Due Date for submission of Bids, a Contractor fails to notify the Technology Designer of a known error in this RFB or of an error that reasonably should have been known to the Contractor and if a Contract is awarded to the Contractor, the Contractor shall not be entitled to additional compensation or time, by reason of the error or its later correction.

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

E. Failure to acknowledge receipt of addenda or revisions, in accordance with the instructions contained in such addenda or revision, may result in Bids not being considered. Each Contractor's Bid shall stipulate that it is predicated upon all the terms and conditions of this RFB and any addenda or revisions thereto.

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F. The submission of a Bid is an acknowledgment to comply with all terms of this RFB, the form of Contract and any other Bid/Contract Documents, except and only to the extent that the Contractor provides an express objection to a provision or provisions in writing, attached as a separate document along with its Bid Form, and specifically identifying the objection and providing a Bid alternative thereto. Any exceptions to the terms and conditions contained in the Contract, or any other special considerations or conditions requested or required by the Contractor relative to this RFB or the form of Contract shall be expressly/specifically enumerated by the Contractor and be submitted as part of its Bid, together with an explanation as to the reason such terms and conditions cannot be met by; provided however, that exceptions or special conditions of the Contractor will not be binding upon the School District unless those exceptions or special conditions are expressly accepted by the School District, and incorporated into the final Contract.

2.05 WITHDRAWAL OF BIDS

A. Bids may be withdrawn, modified, and resubmitted at any time prior to the time set for the Due Date of Bids. The Contractor may not withdraw its Bid prices during the ninety

(90) day period immediately following the Bid opening. All Bids and Bid prices shall be guaranteed for that period of time.

B. When the selected Contractor(s) (the “Contractor”) receives the notice of award from the

Owner within the above ninety (90) day period, it shall guarantee the prices through the interval required through the duration of the Project.

2.06 ACCEPTANCE OF BID

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 2.04.E and F above, all of the foregoing, as well as the accepted portions of the Contractor's Bid shall become contractual obligations of the Contractor upon award by the Board of Education. Failure of the successful Contractor 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 Contractor’s Bid 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.

2.07 SYSTEM ACCEPTANCE

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

2.08 INSPECTION OF WORK AND ACCEPTANCE TESTS

A. The Contractor 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 Contractor 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.

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2.09 REQUIRED BONDS

A. At the time Bids are submitted, Contractors are required to submit a ninety (90) day Bid

Guarantee Bond (5% of the total dollar amount).

B. The successful Contractor 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 and, in any event, before any Work commences.

C. The successful Contractor will be required to furnish a Performance Bond valued at the full amount of the Contract at the time the Contract is awarded and, in any event, before any Work commences.

2.10 INSURANCE

A. The Contractor shall purchase and maintain insurance for protection from the claims set forth below which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by the Contractor 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 Contractor's employees;

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

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:

1) $2,000,000

2) Including personal injury and property damage

3) $2,000,000 each aggregate

b. Automobile Liability:

1) $2,000,000

2) $2,000,000 each aggregate

c. Workers’ Compensation:

1) As required by the State of Michigan

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d. Employers’ Liability:

1) $2,000,000

2) $2,000,000 each aggregate

B. Certificates shall name the Owner, Kingscott, and Wright & Hunter as additional insured.

C. The Contractor'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.

2.11 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.

2.12 PRICES

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

B. The Contractor 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.

2.13 ALTERNATIVES

A. All Bids must be based upon the specifications included in this RFB. In addition to a base Bid, 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 RFB. The Contractor must Bid the base Bid to be eligible to Bid an alternative. Each Contractor must identify in their response any deviations to the scope of Work and any construction requirements not addressed.

2.14 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

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

1. The prices in this Bid 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 Contractor or with any competitor.

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

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

B. Each person signing this Bid certifies that:

1. He/she is the person in the Contractor'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 Contractor'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 Contractor’s Bid to this Project, the Contractor certifies, and in the case of a joint Bid, each party thereto certifies as to its own organization, that in connection with this procurement: that no relationship exists between the Contractor and the procuring or contracting agency that interferes with fair competition or is in conflict of interest, and no relationship exists between the Contractor and another person or organization that constitutes a conflict-of-interest that is adverse to the Owner.

2.15 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 Bid 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. Bids must clearly specify any data, documentation, software, or other innovations that are bid 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.

2.16 NONCOMPLIANCE

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

2.17 COST LIABILITY

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

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BIDDING PROCEDURES

2.18 SEALED BID RECEIPT

A. BIDS MUST BE RECEIVED AND TIME STAMPED AT THE PENNFIELD SCHOOLS,

ADMINISTRATION OFFICE, BUSINESS DEPARTMENT, 8587 PENNFIELD ROAD,

BATTLE CREEK, MICHIGAN 49017 ON OR BEFORE THE DUE DATE AND TIME

SPECIFIED. CONTRACTORS ARE RESPONSIBLE FOR TIMELY RECEIPT OF

THEIR BID. BIDS WHICH ARE RECEIVED AFTER THE SPECIFIED DUE DATE AND

TIME WILL NOT BE CONSIDERED.

B. The Owner is soliciting Bids until 1:00 PM ET on February 8, 2024. Sealed Bids will be received at the Battle Creek Public School’s Administrative Offices located at 8587 Pennfield Road, Battle Creek, MI 49017 up to this time at which time they will be publicly opened and read aloud.

C. The one (1) original, two (2) copies and one (1) full electronic copy of the

Contractor's Bid must be delivered in sealed package(s). All packages shall be clearly labeled with the following information:

1. Pennfield Schools Attn: Angena Schwartz, Director of Finance & Operations 8587 Pennfield Road Battle Creek, MI 49017

2. Contractor's Name and Address

3. Project Title: Structured Cabling, Network Infrastructure, and PA System

Expansion 23-PS-SNP-01

4. Bid Due Date

2.19 BID REQUIREMENTS

A. Provide the following information as required under each tab, assembled in a PDF complete with a Table of Contents. All pages shall have page numbers, which shall be included in the Table of Contents.

B. The Table of Contents shall be as follows:

1. Tab No. 1 Cover Letter

2. Tab No. 2 Required Bid Forms and Documents

a. Microsoft Word Document

1) Bid Forms

2) Familial Relationship Disclosure Statement

3) Iran Economic Sanctions Act Disclosure Statement

4) Criminal Background - Sex Offender Affidavit

b. Bid Bond or Bid Surety

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c. Bill of Materials by Building shall include a complete bill of materials depicting quantities, manufacturer, catalog number, complete description, material unit price, extended price, and labor cost breakdown.

3. Tab No. 3 Voluntary Alternates

4. Tab No. 4 Organizational Chart and Schedule

5. Tab No. 5 Structured Cabling System

6. Tab No. 6 Maintenance Agreements and Warranties

7. Tab No. 7 Company Profile

8. Tab No. 8 Miscellaneous (Optional)

C. Description of Contents:

1. Tab No. 1, Cover Letter, shall include an executive overview of the Project and depict the Contractor’s complete understanding of the Project.

2. Tab No. 2, Required Bid Forms and Documents, shall include a completed Bid Form with price break downs by building and completion dates, the Familial Relationship Disclosure Statement, Iran Economic Sanctions Act Disclosure Form and Criminal Background - Sex Offender Affidavit.

Other required forms include a Bid Bond or Bid Surety, and Appendix A shall include a complete bill of materials, by building depicting quantities, manufacturer, catalog number, complete description, material unit price, labor cost breakdown and extended price.

3. Tab No. 3, Voluntary Alternates, is a section that is optional and made available to permit all Contractors 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 Contractor, the subcontractors, major suppliers, Project managers, superintendents, executive staff of each firm, service staff, the names of the individuals occupying those positions, telephone numbers, and e-mail addresses of all individuals on the organizational chart.

a. The Contractor 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 installation dates.

2) Completion of system install / power up by site.

3) Installation completion dates

4) Final testing dates

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

5. Tab No. 5, Structured Cabling System, shall include the following information:

a. Manufacturers’ names.

b. Installation company’s name.

c. Number of years installing similar infrastructure.

d. List of clients of similar size and type with contact information.

e. Description of system operations.

f. Equipment model numbers.

g. System configuration.

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, Network Infrastructure, shall include the following information:

c. Number of years installing similar infrastructure.

d. List of clients of similar size and type with contact information.

e. Description of system operations.

f. Equipment model numbers.

g. System configuration.

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

7. Tab No. 7, Public Address System Expansion, shall include the following information:

c. Number of years installing similar infrastructure.

d. List of clients of similar size and type with contact information.

e. Description of system operations.

f. Equipment model numbers.

g. System configuration.

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

8. Tab No. 8, Maintenance Agreements, Service Agreements and Warranties.

Warranty information with sample maintenance and service contracts. Include current service rates, trip charge rates and any additional charges that may apply.

9. Tab No. 9, Company Profiles for Prime Contractors, Major Subcontractors, and Major Suppliers

10. Tab No. 10, Miscellaneous (Optional)

11. Tab No. 9 and 10 are self-descriptive as to their intended content.

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SECTION 3

CONTRACT REQUIREMENTS

3.01 GENERAL

A. A form of Contract is included with this RFB and shall be binding between the Owner and Contractor (the “Contract”). 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:

3.02 LAWS AND PERMITS

A. The Contractor 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. Additionally, the Contractor must follow both the School District’s COVID-19 requirements and Contractor’s own Preparedness and Response Plan prior to coming to a School District Facility, if applicable. Also, the Contractor shall give all notices and obtain all permits necessary and required for the Work and shall pay all costs and fees for the same. The Contractor 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.

3.03 PROTECTION OF PERSONS AND OTHER STRUCTURES

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

B. The Contractor 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 Contractor, 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

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provided or the Work performed by the Contractor, its agents, employees or subcontractors under the Contract.

3.04 SAFETY

A. Each Contractor 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 Contractor 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 Contractor shall provide the registered programs documenting safety and hazard programs.

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

3.05 IMPLEMENTATION PLAN

A. The successful Contractor must prepare and submit a final implementation plan and timeline as part of the final Contract Documents. The Contractor and the Owner will mutually determine the critical dates that must be met, so long as consistent with the then-applicable Project Schedule. The Contractor will be required to adhere to, meet and maintain activities to the timeline schedule as planned. The Contractor 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.

3.06 ADDITIONAL RESOURCE REQUIREMENTS

A. If the Contractor 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 Contractors to complete Work which is not being completed in a timely or satisfactory manner), the Contractor 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 Contractors to complete the job. These costs and expenses may be retained by the Owner from any payments otherwise due to the Contractor for Work, which has not been completed within the terms of the Contract Documents. The Owner may hire additional Contractors if seven (7) day notice has been given to the Contractor and the Contractor has failed to remedy the failure, to act in accordance with the notice, or has repudiated the Contract. Failure by the Contractor 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 Contractors to complete the Contract or a segment of the Contract.

3.07 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 Contractor will be held responsible to clean up and remove debris from the site. Damage to any portion of equipment or

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existing structure is the responsibility of the Contractor and repairs must be completed before acceptance and final payment is issued.

3.08 PAYMENT FOR SERVICES

A. No later than two (2) weeks prior to the date of the first application for payment, the Contractor 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 the Contract is based as detailed from the specifications or as further directed by the Owner. A meeting between the Technology Designer and the Contractor 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 Contractor 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.

3.09 CONTRACT PAYMENT SCHEDULE

A. The Contractor 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. Any questions regarding the payment process should be directed to Scott Brune via e-mail at sbrune@wrighthunter.com. All invoices and requests for payment should be sent directly to the Technology Designer at the following address:

Wright & Hunter, Inc.

Attn: Scott Brune 818 West 11 Mile Road Royal Oak, MI 48067

C. Rates quoted in response to this RFB are firm through the duration of the Project. 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.

D. 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.

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E. 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.

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

G. If the Bid involves more than one Project, each Project shall have separate payment application forms. The Technology Designer will identify each Project.

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

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.

I. 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.

J. Waivers of Mechanics Lien: With each Application for Payment, submit waivers of mechanics 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 Contractor acknowledges that liens cannot be placed on public property and are therefore inapplicable to this Project.

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

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

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.

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

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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.

3.10 CONTRACTOR'S SWORN STATEMENT AND WAIVER OF LIEN

A. The Contractor's sworn statement and waiver of lien shall be submitted with the invoice.

The Contractor 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.

3.11 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 Contractor’s Base Bid pricing response.

B. Each Contractor 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.

3.12 REJECTING DEFECTIVE WORK

A. The Technology Designer and/or the Owner will have the authority to disapprove or reject Work, which is defective, unsatisfactory, 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.

3.13 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.

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3.14 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 3.14.C below, the contents of the Contract Documents of the successful Contractor shall be contractual obligations upon Bid acceptance.

Failure of the successful Contractor to accept these obligations in the Contract 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 Contractor for the purpose of obtaining the best possible Bid. If the Contractor should discover any provisions in the Contract that are contrary to or inconsistent with the law, ordinance, order or decree, the Contractor shall immediately report it to the Owner in writing.

3.15 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…