RFQ - ITT72 - MAPC Redwood KBT ISP2025.pdf

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RFQ# ITT72 MAPC Redwood KBT ISP2025
Solicitation number
BD-25-1217-MAP03-MAP03-117883
Issued by
Essex County, Massachusetts

About this file

The Metropolitan Area Planning Council (MAPC) has issued a Request for Quotes (RFQ) ITT72 for an Internet Service Provider (ISP) contract on behalf of KBT, Limited Partnership, located in Lynn, Massachusetts. The project aims to provide a public Wi-Fi network at King's Beach Tower, with the selected vendor expected to deliver a 1 Gigabit/s symmetrical fiber optic connection with managed internet service and support. The optional vendor conference is scheduled for Monday, June 16, 2025, at 2 PM ET via Zoom, with an optional site visit on Wednesday, June 18, 2025, at 2 PM ET. Quotes are due Monday, June 30, 2025, at 3 PM ET, with an anticipated award in early July 2025. The initial contract term is one year, with options to renew for years two and three at the partner's discretion.

The estimated contract value is $50,000 per year for the 1 Gigabit/ps option, with vendors required to provide pricing for 2, 3, and 5 Gigabit/ps circuits as well. The project is funded by a grant from the Massachusetts Broadband Institute to expand internet access and reduce the digital divide, with a focus on providing free public Wi-Fi at properties with high impact on low-income residents. MAPC encourages participation from small and minority businesses, veteran's and women's business enterprises, and labor surplus area firms. Vendors are required to submit comprehensive documentation, including qualifications, references, network design, Service Level Agreements, and various certifications covering tax compliance, conflict of interest, and labor standards.

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The Metropolitan Area Planning Council

ITT72

Request for Quotes (RFQ)

MAPC – Redwood KBT ISP2025 – Internet

RFQ# ITT72 – MAPC – Redwood KBT ISP2025 Due: Monday, June 30, 2025 3:00 PM ET

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THIS RFQ AND ALL RESPONSES HERETO INCLUDING THE AWARDED QUOTE SHALL BECOME PUBLIC

RECORDS. SEE SECTION 3 FOR FURTHER DETAILS REGARDING CONFIDENTIALITY.

THE VENDOR IS ADVISED TO CONSULT WITH THEIR LEGAL COUNSEL CONCERNING PRECAUTIONS TO

SAFEGUARD TRADE SECRETS AND OTHER PROPRIETARY INFORMATION.

THE COMMONWEALTH AND THE VENDOR AGREE THAT ANY LANGUAGE CONTAINED OR REFERENCED

IN THE VENDOR’S BID RESPONSE WHICH CONFLICTS WITH, OR HAS THE EFFECT OF DELETING, REPLACING, OR MODIFYING ANY TERM OF THE ITT72 RFR (COMMBUYS Bid# BD-20-1080-OSD03- SRC01-47537) SHALL BE INTERPRETED AS SUSPERSEDED BY THE LANGUAGE OF THE ITT72 RFR UNLESS SPECIFICALLY AGREED TO BY OSD IN WRITING. LANGUAGE CONTAINED IN THE VENDOR RESPONSE

DOCUMENTS OR DOCUMENTS WHICH REQUIRE CUSTOMER ACCEPTANCE, SUCH AS CLICK-THROUGH

AGREEMENTS, WHICH IMPOSES ANY OBLIGATION ON CUSTOMERS BEYOND THOSE CONTAINED IN THE

ITT72 RFR IS REJECTED UNLESS SPECIFICALLY AGREE TO BY OSD IN WRITING.

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Contents

1. General Procurement Information 5

2. Agency 7

3. Disclosure of Information 7

4. Description and Purpose of Procurement 7

a. Background and Purpose 7

b. Overview and Site Specifications 7

c. Support 8

5. Insurance 8

6. Estimated Value 9

7. Questions 9

8. Payment for Services Rendered 9

9. Vendor Wages, Mileage, and Supplies 9

10. Indemnification 9

11. Employment and Labor Rates 9

12. Responsibility for Safety, Health, and First Aid 10

13. Publicity and News Releases 10

14. Ownership and Confidentiality of Work Product 10

15. Accountability 10

16. Posting of Modifications/Addenda to RFQ 10

17. Rule of Award 10

18. Vendor’s Conference 11

19. Optional Site Visit 12

20. Vendor Responses 12

a. Cover Letter 12

b. Qualifications and Experience 12

c. Reference(s) 12

d. Fiber Optic Network Design 13

e. Quote 13

f. Timeline 13

g. Warranty Terms 14

h. Other Documents 14

21. Questions & Addenda 14

22. How to Submit 14

a. How to Submit a Quote 14

b. Create an Account 15

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c. Find the RFQ 15

d. Create Your Quote 15

e. Submitting your Quote 16

f. Questions and Issues 16

g. Quote Form 17

Attachment A: Signature Documents 19

Attachment B: Sample Contract 26

Attachment C: Available Drawings 36

Attachment D: Prevailing Wage 37

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1. General Procurement Information

Procurement Contact Nathan Powell npowell@mapc.org 617-933-0785

RFQ Title

MAPC Issued

Optional Vendor Conference

Optional Site Visit

Questions Due

Quote Due Date

Award Date

ITT72 – MAPC Redwood KBT ISP2025

Wednesday, June 11, 2025

Monday, June 16, 2025, at 2 PM ET via Zoom

Wednesday, June 18, 2025 at 2PM ET

Friday, June 20, 2025 at 4PM ET

Monday, June 30, 2025 at 3PM ET

Early July 2025

Attachments Attachment A: Signature Documents Attachment B: Sample Contract Attachment C: Available Drawings Attachment D: Prevailing Wage

The Metropolitan Area Planning Council (“MAPC”), on behalf of KBT, Limited Partnership (“the Partner") is seeking quotes from qualified Massachusetts State Contract ITT72 Category 6 Vendors to serve as the internet service provider of a public wi-fi network at King’s Beach Tower (“the Property”) located in Lynn, Massachusetts.

This Request for Quotes (RFQ) does not require MAPC or the Partner to approve a Statement of Work, pay any costs incurred in the preparation of a Vendor’s response to this RFQ or to procure or contract for products or services. MAPC and the Partner reserve the right to accept or reject any and all quotes received as a result of this RFQ and to contract for some, all or none of the products and services as a result of this RFQ.

MAPC and the Partner further reserve the right to negotiate with any or all qualified Vendor(s) and to cancel in part or in its entirety this RFQ if it is in the best interest of MAPC and/or the Partner to do so.

MAPC encourages all small and minority businesses, veteran’s and women's business enterprises, and labor surplus area firms to respond, as we strongly believe in fostering diversity and promoting equal opportunities within our procurement processes. We recognize the significant contributions that these businesses bring to the marketplace and are committed to creating an inclusive environment that supports their growth and success.

This RFQ and any subsequent contract seeks to advantage certified small and minority businesses, veteran’s and women's business enterprises, and labor surplus area firms. Vendors who themselves do not qualify as certified small and minority businesses, veteran’s and women's business enterprises, and labor surplus area firms are encouraged to subcontract for services with a certified vendor as a set-aside percentage of the contract value. The Vendor will be responsible for any subcontractor work and will be required to ensure

6 | P a g e their compliance with any legal, quality, and performance requirements of this RFQ. Vendors may not use subcontractors not named in their response without the prior written consent of the Partner, which consent will not be unreasonably withheld.

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2. Agency

The Metropolitan Area Planning Council (“MAPC”) is the regional planning agency serving the people who live and work in the 101 cities and towns of Metropolitan Boston. Established in 1963, MAPC is a public agency created under Massachusetts General Law Chapter 40B, Section 24 to maintain a regional perspective on growth, development, and governance for the welfare of the region.

MAPC has been awarded a grant from the Massachusetts Broadband Institute (“MBI”) to expand internet access and reduce the Digital Divide. In pursuit of that goal, MAPC has several projects underway to provide free, public Wi-Fi at public properties. MAPC and our community partners will typically conduct an extensive strategic evaluation on potential public Wi-Fi sites and prioritize the sites that have the most impact on low-income residents.

3. Disclosure of Information Any and all responses, applications, data, materials, information and documentation submitted in response to this RFQ shall become the property of MAPC, MassTech, and the Partner, and shall be subject to public disclosure. As public entities, MAPC, MassTech, and the Partner are subject to the Massachusetts Public

Records Law. There are very limited and narrow exceptions to disclosure under the Public Records Law. If a

Vendor wishes to have their submission treated as confidential, the Vendor must submit a written request to the Procurement Contact identified in this RFQ no later than 5:00PM ET four (4) business days prior to the required date of submission of this RFQ. The request must precisely identify the information and/or documentation that is the subject of the request and provide a detailed explanation supporting the application of the statutory exemption(s) from the public records cited by the Vendor. MAPC will issue a written determination within two (2) business days of receipt of the written request. If MAPC approves the request, the Vendor shall clearly label the relevant information and/or documentation as “CONFIDENTIAL” in their RFQ response. Any statements in an RFQ response reserving any confidentiality or privacy rights that is inconsistent with these requirements and procedures will be disregarded.

4. Description and Purpose of Procurement

a. Background and Purpose

In pursuit of the grant program noted above, MAPC has partnered with KBT, Limited Partnership. MAPC and the Partner are looking to provide public wi-fi service to the residents and staff of King’s Beach Tower at 130 Eastern Avenue, Lynn, MA 01902. The Vendor is expected to be the Internet Service Provider for the public Wi-Fi network that is currently being installed at these sites.

The procurement for the scope of work described in this RFQ is being issued and organized by MAPC. Any potential contract stemming from this RFQ will be by and between KBT, Limited Partnership and the successful Vendor. The Vendor proceeds with the understanding that all information provided in this RFQ is accurate, and will be expected to provide a reliable, secure, and accessible service based on the specifications below.

b. Overview and Site Specifications

The purpose of this RFQ is to solicit quotes from qualified Vendors to provide a 1 Gigabit/s symmetrical fiber optic connection with managed Internet Service and support as follows for the purpose of providing a public Wi-Fi network at King’s Beach Tower.

The solution must provide 99.9% uptime for service. Additional information on the support required can be found in Section 4c below. The period of service and support will consist of a one (1) year contract with

8 | P a g e options to renew service and support for years two (2) and three (3) at prices identified in the Vendor’s quote response. The options to renew the service and support for year two (2) and subsequently for year three (3) are at the sole discretion of the Partner. While the expected solution stemming from this procurement is a 1 Gigabit/ps symmetrical circuit, we additionally request that respondents provide pricing quotes for a

2 Gigabit/ps symmetrical, 3 Gigabit/ps symmetrical, and 5 Gigabit/ps symmetrical circuits as well. Quotes are required to include any anticipated construction and installation costs upfront, rather than amortized.

Each demarc point will require a static block of 5 IP addresses.

The Demarc point should be located in the East Closet on the 1st floor of King’s Beach Tower. See Attachment

C for the original building drawings and network diagrams for more information.

Any installation services quoted by the Vendor that could be classified as Construction under M.G.L. Chapter

149 or M.G.L. c.30, §39M need to be itemized and should not exceed $50,000 in total value over the life of the expected contract. Construction labor costs are subject to Prevailing Wage as defined in Section 10 and enclosed in Attachment D.

c. Support

As described above, the support requirements are expected to be met for a term of one (1) year, with the option to renew under separate contracts for years two (2) and (3) at the sole discretion of the Partner. It is expected that the support solution would not be accessible to residents directly, but would have one point of contact designated by the Partner. The point of contact will not be expected to provide technical support, but report and correspond with the selected Vendor.

Vendors must include with their quote their Service Level Agreements or equivalent documentation of standard support services. It is expected that this service level will include 24/7 ability to create service tickets with telephone support available during Partner Business Hours, 9am-5pm EST. Vendors should contact MAPC at least three (3) business days prior to the quote deadline if their technical support service differs from these requirements.

5. Insurance

The selected Vendor shall at all times during the term of the contract maintain insurance in full force and effect acceptable to MAPC and the Partner that satisfies the minimum requirements outlined below. The selected Vendor agrees to furnish MAPC and the Partner with certificates of insurance or other evidence satisfactory to MAPC and the Partner if requested. KBT, Limited Partnership and MAPC must be named as additional insured on the certificate of insurance.

Workers Compensation & Employers Liability Statutory

Employer’s Liability $500,000

Bodily Injury Liability $1,000,000 each occurrence/$2,000,000 aggregate

Excess Umbrella Liability $1,000,000 each occurrence

Errors and Omissions $1,000,000

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6. Estimated Value

The estimated not to exceed value for the Internet Service Provider contract is $50,000 per year for the expected 1 Gigabit/ps option. The larger bandwidth options should be priced proportionally. Vendors should take note of this value and prepare their quotes accordingly.

7. Questions

Questions regarding the RFQ must be submitted by electronic mail to the Procurement Contact listed.

Questions must include the Subject Line: “Questions – MAPC Redwood KBT ISP2025”. All questions must be received by the deadline identified in 1-General Procurement Information.

8. Payment for Services Rendered

The goods and/or services procured through this RFQ are funded by grant funds from the Massachusetts Broadband Institute at the MassTech Collaborative. The payment schedule for this project will be according to a deliverables schedule consistent with the Vendor’s Quote and as negotiated at the time a fixed price contract is signed. The Vendor’s Quote must include the Vendor’s proposed payment schedule based on the project deliverables. Payments will not be made until deliverables are approved by the Partner. The standard turnaround time for payment to the selected Vendor from the time of invoice approval is a minimum of 45 days. The Partner will make all necessary effort to expedite payment cycles but will not be liable for slow payment cycles.

9. Vendor Wages, Mileage, and Supplies

Total contract costs must include mileage, supplies, and materials. Billing will occur upon completion of deliverables with all required backup documentation.

10. Indemnification

The Vendor shall indemnify, hold harmless and defend MAPC, MassTech, MBI, the Partner and their officers, agents, and employees from all liability of any nature or kind, including costs and expenses for all actions or claims resulting from injuries or damages sustained by any person or property arising directly or indirectly as a result of any error, omission, negligent, or wrongful acts of the Vendor, subcontractor(s), or anyone directly or indirectly employed by them in performance of this contract.

11. Employment and Labor Rates

Depending on whether the work quoted includes “construction” as defined under section 4b of this RFQ, a portion of the work contracted for through this RFQ may be subject to the Massachusetts Prevailing Wage Law: M.G.L. c. 149, §§ 26 - 27; c. 5, § 1; c. 71, § 7A and c. 121B, § 29B. More information on the Massachusetts Prevailing Wage Law can be found on the Massachusetts Executive Office of Labor and Workforce Development’s website: Prevailing Wage Program | Mass.gov. The selected Vendor must comply with the Massachusetts law regarding prevailing wage rates, as well as any other provisions related to employment conditions referenced in M.G.L. c.149, §§26-27.

THE PREVAILING WAGE SCHEDULE FOR THIS PROJECT IS ATTACHED AS ATTACHMENT D. GENERAL

AND SUB-CONTRACTORS MUST PAY NO LESS THAN THESE RATES TO COVERED WORKERS. UPDATE

SCHEDULES MUST ALSO BE POSTED IN A CONSPICUOUS PLACE AT THE WORKSITE DURING THE LIFE OF

THE CONTRACT.

https://www.mass.gov/prevailing-wage-program

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The Weekly Payroll Record Form and Weekly Statement of Compliance must accompany any invoice submitted to the Partner for the work as is described in this RFQ. These documents should be filled out for each week that prevailing wages were paid to workers. A photocopy of all workers’ OSHA certification cards, as well as any apprentice’s ID cards, should also be submitted. See Prevailing Wage Program | Mass.gov for the most current Weekly Payroll Record Form and Weekly Statement of Compliance.

12. Responsibility for Safety, Health, and First Aid

The Vendor shall ensure that their employees and agents comply with all applicable health and safety laws, rules and regulations without limitation, including but not limited to the Federal, Commonwealth of Massachusetts, Occupational Safety and Health Act of 1970 (OSHA), and Vendor’s company safety regulations as issued and included with this Quote.

The Vendor shall be responsible for ensuring that all work performed under his supervision, or work that the Vendor subcontracts, in conjunction with this procurement is in compliance with all applicable safety, building and electrical codes.

The Vendor is responsible for the provision of temporary bathroom facilities and/or will ensure that the use of publicly provided facilities on-site are done so with acceptable sanitary and hygiene practices.

13. Publicity and News Releases

The selected Vendor shall not make any pronouncements or news releases pertaining to this solicitation or the award of a contract for this RFQ without prior approval from MAPC and the Partner.

14. Ownership and Confidentiality of Work Product

Upon completion of this project, the work product in its entirety becomes the property of MAPC, Mass Tech Collaborative, and the Partner. All electronic documents must have the ability to be accessed and updated when needed.

15. Accountability

The selected Vendor will work under the direct supervision and direction of the Partner or its designee.

16. Posting of Modifications/Addenda to RFQ

Notice of this RFQ has been posted electronically on the COMMBUYS websites. Upon request to the Procurement Contact, the RFQ will be provided to all interested eligible parties. If MAPC determines that it is necessary to revise any part of this RFQ, or if additional data is necessary to clarify any of its provisions, an addendum will be shared electronically with all parties that requested the RFQ. It is the responsibility of each potential Vendor to check their email for any addenda or modifications to the RFQ.

MAPC accepts no liability and will provide no accommodation to Vendors who submit a response based on an out-of-date RFQ. A copy of all addenda that are issued should be included in the Quote and each addendum should be initialed in the bottom left corner of the first page of the document by the Vendor.

Vendors should contact the Procurement Contact via e-mail if they believe an addendum has not been received.

17. Rule of Award

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Per ITT72, an award will be made to the responsive1 and responsible2 vendor who provides the quote with the best value.

“Best Value” is defined by 801CMR 21.01 as “when a Procurement supports and balances the following Procurement Principles: the achievement of required outcomes, generates the best quality economic value, is performed timely, minimizes the burden on administrative resources, expedites simple or routine purchases, allows flexibility in developing alternative Procurement and business relationships, encourages competition, encourages the continuing participation of quality Contractors and supports State and Department Procurement planning and implementation.”

18. Vendor’s Conference

An optional Vendor’s conference is scheduled for Monday, June 16, 2025 at 2PM ET. The meeting will be held virtually via Zoom. The link information for that meeting is below.

Metropolitan Area Planning Council (MAPC, Line 9) is inviting you to a scheduled Zoom meeting.

Topic: Vendor's Conference: RFQ - ITT72 - MAPC Redwood KBT ISP2025

Time: Jun 16, 2025 02:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us06web.zoom.us/j/83063399337?pwd=ILuvdyOYag9zV9Gf0h2RHfKJIR5bLT.1

Meeting ID: 830 6339 9337

Passcode: 264824

One tap mobile

+13126266799,,83063399337# US (Chicago) +16468769923,,83063399337# US (New York)

Dial by your location

• +1 312 626 6799 US (Chicago)

• +1 646 876 9923 US (New York)

• +1 646 931 3860 US

• +1 301 715 8592 US (Washington DC)

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1 Consultants who comply with all requirements for submittal of quotes will be considered "Responsive.”

2 Consultants whose references are satisfactory to MAPC shall be considered "Responsible.”

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• +1 719 359 4580 US

• +1 253 205 0468 US

• +1 253 215 8782 US (Tacoma)

• +1 346 248 7799 US (Houston)

Meeting ID: 830 6339 9337

Find your local number: https://us06web.zoom.us/u/kdsL6RvNVG

19. Optional Site Visit

Time for an optional site visit is being reserved on Wednesday, June 18, 2025 at 2PM ET. Participants will meet at King's Beach Tower at 130 Atlantic Ave., Lynn, MA 01902. This site visit is optional.

***If any vendor would like to participate in this site visit, they MUST RSVP to npowell@mapc.org by 5PM ET, Monday, June 16, 2025. ***

20. Vendor Responses

The Vendor’s response must include the information below. Responses must be in pdf format. Instructions on submitting responses can be found in Section 20.

a. Cover Letter

The Vendor must include a Cover Letter in which the Vendor agrees to the terms included in this RFQ. Cover letters must be typed on the Vendor’s letterhead and addressed to:

Nathan Powell, Municipal Services Specialist Metropolitan Area Planning Council 60 Temple Place, 6th Floor Boston, MA 02111

b. Qualifications and Experience

The Vendor must include a description of their qualifications and experience. This description must include:

• A description of the Vendor’s experience providing the specified services and products described in Section 4.

• A description of the assigned project team who shall administer, coordinate, and manage this project.

This description must also include the resumes for the Project Manager and project team.

• A description of the Project Manager’s overall availability for the project. This availability may be expressed as a percentage (total time of the project/Project Manager’s availability = percentage of time Project Manager is available for project).

• *Vendors must include with their quote their Service Level Agreements or equivalent documentation of standard support services.

c. Reference(s)

The Vendor must include at least three (3) references. References must be from public sector clients within the last three (3) years. Use a separate sheet(s) clearly marked "REFERENCES" to provide the following information for each reference:

Customer Name mailto:npowell@mapc.org

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Years as a customer, term of contract, or date of project Street City, State, Zip Contact Person Telephone number

d. Fiber Optic Network Design

If the Vendor’s fiber service is not already available at KBT, Limited Partnership Properties and the installation and construction costs to connect the Properties to the Vendor’s fiber optic network will be directly incurred through the contract resulting from this procurement, the Vendor shall specify and document all installation practices and procedures for all fiber optic cable necessary to connect the Properties to its existing network. A summary of the fiber optic network design and route required must be included in the Quote. The solution that the Vendor proposes should meet all the specifications listed in Section 4.

If the Vendor’s fiber service is already available at the Properties and/or the installation and construction costs to connect the Properties to the Vendor’s fiber optic network will not be directly incurred by MAPC and the Partner, the Vendor shall include language to that effect in their Quote.

If the Vendor intends to perform any or all work related to this contract through subcontractor(s), the subcontractor(s)’ names, business affiliations and addresses must be included with the Quote. Vendors agree to be responsible for and warranty the work of subcontractors and ensure their compliance with any legal, quality, and performance requirements of this RFQ. Vendors may not use subcontractors not named in their Quote without the prior written consent of the Partner, which consent will not be unreasonably withheld.

e. Quote

The Quote must be an all-inclusive itemized fixed price quote, utilizing the Quote Form in Section 20g below, including all costs and expenses related to this engagement, including without limitation: cost of equipment, labor, delivery fees, licensing, annual support, etc. The Partner will not pay any costs and expenses not included in the Quote. The Quote must be good for 90 Days from the date submitted.

The Quote should include each of the following:

• Operating Expenses: Monthly Internet Services – A monthly cost for 1-Gigabit/ps symmetrical fiber optic connection (as well as options for 2-Gb, 3-Gb, and 5-Gb connections) to the property with managed Internet Service and support for a period of one (1) year, with a fixed price for years two (2 )and three (3), which may be procured under separate contracts at the sole discretion of the Partner.

• Capital Expenses: Hardware/Equipment/Materials – An itemized breakdown of proposed hardware, equipment, and/or materials. The breakdown should include all (or more) of the information listed in the Quote Form for each item. This is only necessary if these costs will be directly incurred by the Partner.

• Construction Expenses: Installation and Construction Labor – An itemized breakdown of the proposed installation and construction labor. Vendors should apply Massachusetts Prevailing Wage, as listed in Attachment D, to all proposed installation labor that could be deemed “Construction” labor as defined in Section 4b.

f. Timeline

The Vendor must include a timeline for the delivery of the solution. The Vendor’s contract is executed as the first date (date 0) of their submitted timeline. The submitted timeline must not be altered unless otherwise

14 | P a g e agreed upon by the Partner and the successful Vendor. MAPC and the Partner will coordinate the date for the start of service with the selected Vendor and ask that the submitted timeline be set up by expected days/weeks for completion of each task

g. Warranty Terms

The Vendor must agree to the following warranties and guarantees:

I. All hardware/equipment must come with the basic manufacturer’s warranty. New equipment that is not covered by the manufacturer’s warranty may be returned at any time for a full refund.

II. All new telecommunications systems and equipment are to include a full one-year warranty (“Warranty Period”) covering all hardware, software, and labor to maintain the telecommunications system and any peripheral systems purchased by the Partner.

III. Vendor shall identify the type and cost of any additional warranty (or warranties) available, including without limitation extending the basic manufacturer’s warranty or providing service upgrades.

IV. During the Warranty Period, Vendor must provide an on-site service, with no charges for parts, labor or transportation. On-site service must be provided Monday through Friday during the hours of 8:00AM ET to 6:00PM ET with the exception of certain federal and state holidays. Vendor must respond to a service call within four (4) hours with a call back from the initial problem call and next business day on-site response time from the call back.

V. Vendor must provide the Partner with replacement parts for the length of any Warranty Period. Replacement parts must be standardized and identical with the parts being replaced.

h. Other Documents

The Vendor must also include signed copies of all documents in Attachment A.

1. Signature Page

2. Certificate of Non-Collusion3

3. Certificate of Tax Compliance4

4. Conflict of Interest Certification

5. Certificate of Compliance with M.G.L. c. 151B

6. Certificate of Non-Disbarment

7. Labor Harmony and OSHA Training Certifications

21. Questions & Addenda

All questions and other communications related to this RFQ must be directed to Nathan Powell at npowell@mapc.org by the date listed in Section 1.

22. How to Submit

a. How to Submit a Quote

Quote must be submitted electronically as a PDF(s) via the Massachusetts Operational Services Division COMMBUYS website (www.commbuys.com) utilizing the following naming convention:

3 The Certificate of Non-Collusion is a required form. The failure to include this signed form will automatically result in disqualification of a Quote.

4 The Certificate of Tax Compliance is a required form. The failure to include this signed form will automatically result in disqualification of a Quote.

mailto:npowell@mapc.org

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Quote for RFQ# ITT72 – MAPC – Redwood KBT ISP2025_INSERT VENDOR’S NAME If a Vendor chooses to submit more than one proposed design, the files must be clearly labeled. Files should follow the naming convention identified above, as applicable, in addition to being labeled as 1, 2, 3, etc.

The Quote submission must contain all required documents as indicated above. It must contain scanned copies of original ink signatures, or electric signatures by the person authorized to sign the Quote. All original copies shall be kept securely, and the Vendor must be able to produce original copies upon request.

Vendors must register in COMMBUYS as a Seller in order to submit a Quote.

Hard copy, faxed, or emailed submissions will not be accepted. Quote must be submitted via the COMMBUYS website (www.commbuys.com) prior to the exact due date and time as read on the clock of the Massachusetts Operational Service Division’s COMMBUYS Procurement Market Center. Late Quotes will not be considered.

It is strongly recommended that Quotes are submitted in advance of the due date and time.

b. Create an Account

For this RFQ, responses are to be submitted online via the Massachusetts Operational Services Division COMMBUYS website (link here).

To submit a Quote you must first create an account. It is advised that Vendors create an account in advance. Account issues should be directed to COMMBUYS support (link here).

c. Find the RFQ

Once you have created an account, search for this RFQ:

NAME: RFQ# ITT72 – MAPC – Redwood KBT ISP2025 PURCHASER: Nathan Powell ORGANIZATION: Metropolitan Area Planning Council

COMMBUYS BID SOLICITATION NUMBER: BD-25-1217-MAP03-MAP03-117883

d. Create Your Quote

If this is the first time starting your submission, select ‘Create New’ in the far-right corner under the Quotes column. If you are continuing a previously started response, select the link to your response.

This will bring you to your ‘quote’. You will notice 9 tabs (in order) underneath the heading: General; Items;

Questions; Subcontractors; Notes; Terms & Conditions; Attachments; and Summary. You are not required fill out all the information for each tab. You are only required to submit the requested information detailed in the RFQ via an attachment.

To attach your Quote, select the ‘Attachments’ tab, click ‘Add File’. All required documents, forms, and materials should be submitted via this attachment(s).

Only the dash special character is accepted by the system so ensure that your files do not include other special characters.

https://www.commbuys.com/bso/view/login/login.xhtml https://www.training.commbuys.com/bso/

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Once your file is uploaded, click ‘Save and Exit’ to upload another file if needed.

e. Submitting your Quote Once you have attached all necessary documents, you are ready to submit your Quote. Click the ‘Summary’ tab and scroll to the bottom and click ‘Submit Quote’.

f. Questions and Issues If you encounter any issues with your COMMBUYS account, visit the COMMBUYS support page for assistance (link here).

If you encounter any issues with submitting your response, or if you find any of the guidance above to be inaccurate, please contact Nathan Powell at npowell@mapc.org. Questions regarding Quote submission only will be accepted up to 2 business days before the due date and time of this RFQ. The submittal of all other questions must adhere to the timeline outlined in this RFQ.

https://www.mass.gov/learn-about-commbuys-resources

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g. Quote Form

Please itemize expected incurred capital and construction expenses as listed below. Additionally, please list pricing information for each gigabit option listed below, ensuring the total quote price per option, including capital and construction expenses, is denoted in each table where specified. This quote pricing must be valid for 90 days.

Capital Expenses: Hardware/Equipment/Materials

Item/Description Quantity Unit Price Total

Total

Construction Expenses:

Task/Description Hourly Rate Expected Hours Total

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Pricing for 1-Gigabit/ps circuit

Year Operating Expenses Total

Construction Expenses Capital Expenses Total

Year 1

Year 2

Year 3

Pricing for 2 Gigabit/ps circuit

Total

Construction Expenses Capital Expenses Total

Year 1

Year 2

Pricing for 3 Gigabit/ps circuit

Total

Construction Expenses Capital Expenses Total

Year 1

Year 2

Pricing for 5 Gigabit/sec circuit

Total

Construction Expenses Capital Expenses Total

Year 1

Year 2

Signature: __________________________________

Name: _____________________________________

Company: ___________________________________

Email: ______________________________________

Date: ____________________

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Attachment A: Signature Documents

Signature Page

The accompanying Forms & Documentation are hereby submitted as a quote in response to the subject RFQ. All information and statements are true, accurate and binding representations of the Vendor’s intentions and commitments in responding to this RFQ.

Company Name Contact Person

Street Phone

City, State, Zip Fax

Email

Vendor acknowledges receipt of the Request for Quotes (RFQ) and Addendum No(s).______________ and submits the attached Quote for this RFQ to the Metropolitan Area Planning Council (MAPC), on the authority of the undersigned and as dated below who by signing confirms and pledges to abide by and be held to the requirements of this RFQ and its resulting contract, to perform any tasks and deliver any documents required, and to execute a Contract with the Partner.

Authorized Agent of the Vendor:

Signature (blue ink please)

Printed Name (If a corporation, attach certificate of vote or

__________________ apply corporate seal here)

Title

Date

Certificate of Non-Collusion

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As required under Chapters 233 and 701 of the Massachusetts Acts and Resolves of 1983 and as required under M.G.L. c. 30B certification must be made to the following by signing in the space indicated below. Failure to offer such signature will result in rejection of the quote.

“The undersigned certifies under penalties of perjury that this quote has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word person shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity, or group or individuals.”

Authorized Agent of the Vendor:

Signature (blue ink please) Name (as used for tax filing)

Printed Name SS# or Federal ID#

Title Date

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Certificate of Tax Compliance

“Pursuant to M.G.L. c. 62C. § 49A, I certify under the penalties of perjury that to my best knowledge and belief the undersigned has complied with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.”

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Conflict of Interest Certification

The Vendor hereby certifies that:

1. The Vendor has not given, offered, or agreed to give any gift, contribution, or offer of employment as an inducement for, or in connection with, the award of a Contract pursuant to this

RFQ.

2. No consultant to, or subcontractor for, the Vendor has given, offered, or agreed to give any gift, contribution, or offer of employment to the Vendor or any other person, corporation, or entity as an inducement for, or in connection with, the award to the consultant or subcontractor of a Contract by the Vendor.

3. No person, corporation, or other entity, other than a bona fide full-time employee of the Vendor has been retained or hired to solicit for or in any way assist the Vendor in obtaining a Contract pursuant to this RFQ upon an agreement or understanding that such person, corporation, or entity be paid a fee or other compensation contingent upon the award of a Contract to the Vendor.

4. Vendor understands that the Massachusetts Conflict of Interest Law, M.G.L. c. 268A, applies to the Vendor’s officers, employees, agents, subcontractors, and affiliated entities with respect to the transaction outlined in the Request for Quotes.

5. Vendor understands that the Vendor’s officers, employees, agents, subcontractors, and affiliated entities, shall not participate in any activity which constitutes a violation of the Massachusetts Conflict of Interest Law, or which creates an appearance of a violation of the Massachusetts Conflict of Interest Law.

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Certificate of Compliance with M.G.L. c. 151B

The Vendor hereby certifies that it is in compliance with and shall remain in compliance with M.G.L. c. 151B and shall not discriminate on any prohibited basis outlined therein. The Vendor hereby certifies that it shall comply with any and all applicable Commonwealth of Massachusetts Supplier Diversity Office (“SDO”) thresholds that have been established in conjunction with this RFQ.

Authorized Agent of the Vendor:

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Certificate of Non-Debarment

The Vendor hereby certifies that it is presently not debarred, suspended, or otherwise prohibited from practice by any federal, state, or local agency, and that, must any proceeding arise in which it is debarred, suspended, or otherwise prohibited from practice by any federal, state, or local agency, the Vendor inform the Partner and MAPC within one (1) business day of such debarment, suspension, or prohibition from practice.

Authorized Agent of the Vendor:

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Labor Harmony and OSHA Training Certifications

I hereby certify under the penalties of perjury that the Vendor meets or exceeds the following requirements:

(1) The Vendor and or/subcontractor is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed at the work;

(2) All applicable employees to be employed at the worksite by the Vendor and/or subcontractor will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successfully completion of said course with the first certified payroll report for each employee; and

(3) All applicable employees to be employed in the work subject to this Proposal by the Vendor and/or subcontractor have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration.

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Attachment B: Sample Contract

CONTRACT FOR PROFESSIONAL SERVICES

BY AND BETWEEN THE

KBT, LIMITED PARTNERSHIP

AND

This Agreement is made and entered into by and between KBT, Limited Partnership [the “Partner”], a municipal corporation organized and existing under the laws of the Commonwealth of Massachusetts, located at 130 Eastern Avenue, Lynn, MA 01902, and ____________________ [“Service Provider”] with its principal office at

Witnesseth that the parties have AGREED as follows:

Article I Description and Scope of the Work

1. Service Provider will provide professional services to undertake and perform all appropriate tasks to produce the work product as described in _____________ dated on ______________ [the “Quote”], attached as Attachment A in response to RFQ# MAPC Redwood KBT ISP2025, attached as Attachment B and incorporated herein.

Article II

Time of Performance

2. Service Provider shall commence work immediately upon execution of this Agreement and shall complete performance no later than ___________________. Time shall be of the essence in relation to Service Provider’s performance under this Agreement. Reasonable extensions shall be granted at the written request of Service Provider, provided the justifying circumstances are beyond the reasonable control of Service Provider and without fault of Service Provider. In the event of such an extension, all other terms and conditions of this Agreement, except the dates of commencement and completion of performance, shall remain in full force and effect between the parties unless modified in writing.

Article III

Revisions in the Work to be Performed

3. If during the term of this Agreement, the Partner requires revisions or other changes to be made in the scope or character of the work to be performed, the Partner will promptly notify Service Provider. For any changes to the scope of work, Service Provider shall notify the Partner of associated costs in writing. Service Provider shall make the necessary changes only upon receipt of a written acceptance of the costs and a written request from the Partner.

4. The Partner will neither unreasonably request revisions nor unreasonably withhold final acceptance of work by Service Provider. Any revisions or changes requested by the Partner will not unreasonably depart from the current understanding of the nature and scope of the work to be performed.

Article IV

Payment for Services

5. The Partner’s total payment to Service Provider under this Agreement shall not exceed

______________________ unless otherwise authorized in writing pursuant to paragraph three (3). This amount shall include any and all expenses and costs incurred by Service Provider in performing the work.

6. The Partner shall make payment to Service Provider as on the schedule and based on the milestones and

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Article V Ownership and Confidentiality of Material, Work Products

7. Service Provider shall afford the Partner unlimited access to any work product, including but not limited to all work papers, data, reports, questionnaires and other material prepared, produced or collected by Service Provider under this Agreement.

8. The Partner reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, and otherwise use, and authorize others to use, the copyright in any work developed under this Agreement, and any rights of copyright acquired with funds provided under this Agreement.

9. Service Provider and the Partner shall have both unlimited rights to any data first produced or delivered under this Agreement.

10. Upon completion of this project or termination for or without cause, Service Provider shall return any documents, models, tools, plans or items whatsoever belonging to or supplied by the Partner.

Article VI

Release of KBT, Limited Partnership

11. In consideration of the execution of this Agreement by the Partner, the Service Provider agrees that simultaneously with the acceptance of what the Partner tenders as the final payment under this Agreement, the Service Provider will execute, and deliver a release of the Partner from all claims, demands, and liabilities arising from, growing out of, or in any way connected with this Agreement. It is agreed that the person who, in fact, executes and delivers said release, shall be authorized and empowered to execute and deliver the same on behalf of the Service Provider.

Article VII

Indemnification

12. The Service Provider shall indemnify, defend and hold harmless the Partner and all of its officers, agents and employees, against all suits, claims, demands and liabilities of every name and nature, both at law and in equity, based upon or arising out of any action taken by the Service Provider in its performance of this Agreement or upon the Service Provider’s failure to comply with the terms of this Agreement in the performance of its work, whether by it, its employees, or its Sub-Contractors.

Article VIII Insurance

13. The Service Provider shall secure and maintain in effect throughout the term of this Agreement, insurance adequate to meet its obligations hereunder and shall provide the Partner with certification of such, if requested.

Article IX

Assignment

14. The parties shall not assign nor transfer their respective interests in this Agreement, in part or in whole, without the prior written consent of the other.

Article X

Severability

15. In the event any provision of this Agreement is found by a court of appropriate jurisdiction to be unlawful or invalid, the remainder of the Agreement shall remain and continue in full force and effect.

Article XI Termination of Agreement

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16. In the event of a failure to materially perform by Service Provider, the notice of such breach shall be accompanied by the nature of the failure, and the Partner shall set a date at least 60 days later by which Service Provider shall cure the failure. If Service Provider fails to cure within the time as may be required by the notice, the Partner may at its option, terminate the Agreement. If the value of this Agreement exceeds $250,000, and Service Provider fails to cure within the time as may be required by the notice and the Partner does not choose to terminate the Agreement, liquidated damages shall be due to the Partner in the amount of 0.1% (one-tenth of one percent) of the face value of the Agreement for each day performance exceeds the promised date(s). Such liquidated damages may be acknowledged in Service Provider’s final invoice or taken by the Partner as a deduction to such final invoice.

17. Notwithstanding any language to the contrary within this Agreement, Service Provider or the Partner may terminate this Agreement without cause at any time, effective ten days beyond the termination date stated in the written notice of termination. In the event of termination, Service Provider shall be compensated for approved work products and approved services performed prior to the date of notice of termination. In no event shall Service Provider be entitled to payment for any services performed after the effective date of termination unless so authorized, and under no circumstances shall the total price paid under the contract exceed the amount referenced in paragraph five (5).

Article XII

Compliance with Conflict of Interest Laws

18. Service Provider warrants and represents to the Partner that, to the best of its knowledge, no officer or employee of Service Provider who has participated in the preparation or negotiation of this Agreement, or who will participate in the execution of this Agreement, nor such employee's spouse, parents, children, brothers or sisters, partner, any business organization in which he or she is serving as officer, director, trustee, partner or employee, nor any person with whom he or she is negotiating or has any arrangement concerning prospective employment, has a financial interest in this Agreement, except as permitted under M.G.L. c. 268A, § 6. Service Provider further warrants and represents to the Partner that, to the best of its knowledge, no employee of Service Provider has a financial interest, either directly or indirectly, in the Agreement except as permitted under G.L. c. 268A, § 7.

19. Service Provider understands that they may have obligations with regards to compliance with all aspects of the Commonwealth of Massachusetts Ethics Law, M.G.L. c. 268A, specifically G.L. c. 268A, §§ 4, 17, and 11.

Service Provider shall bear all obligations as private consultant/s to determine their legal status pursuant to the Ethics Laws, and where applicable, complete the Commonwealth State Ethics Examination. Evidence of such completion must be provided to the Partner in advance of the award of any contract. the Partner reserves the right on its own to make such determination and require the Service Provider to take and complete the Ethics Examination. Service Provider is encouraged to inquire about their proper status and legal requirements by contacting the Massachusetts State Ethics Commission Legal Division by submitting an online request, by calling the Commission at (617) 371-9500 and asking to speak to the Attorney of the Day, or by submitting a written request for advice to the Commission at One Ashburton Place, Room 619, Boston, MA 02108, Attn: Legal Division.

Article XIII

Governing Law and Jurisdiction

20. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the

Commonwealth of Massachusetts. Both parties agree to submit their respective jurisdiction and venue to the state and federal courts in the Commonwealth of Massachusetts to resolve any disputes or disagreements that may arise under any provision of this Agreement.

Article XIV

Procurement Services (Where Applicable)

21. The parties agree that all procurements that are funded with federal funds will be performed in accordance with all known applicable federal procurement and contracting requirements.

Article XV

Complete Agreement https://www.mass.gov/request-advice-from-the-state-ethics-commission

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22. This Agreement, and the Exhibits attached hereto and incorporated herein constitute a total agreement of the parties and supersede all prior agreements and understandings between the parties and may not be changed unless agreed upon in writing by both parties.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers on the date written below.

For: THE KBT, LIMITED PARTNERSHIP

Signature: _______________________________________ Date: _________________________

Print Name: ______________________________

Title: __________________________________________

For: [Insert name of Service Provider in bold and all caps]

Signature: _______________________________________ Date: _________________________

Print Name: ______________________________

Title: __________________________________________

MAPC Redwood KBT ISP2025 – Internet Service Provider

KBT, LIMITED PARTNERSHIP

FEDERAL FUNDS

CONTRACT RIDER

(WHERE APPLICABLE)

Recitals

WHEREAS, the Contract to which this Rider is attached is funded, either in whole or in part, by federal funds;

WHEREAS, such federal funds may include Coronavirus State and Local Fiscal Recovery Funds [“SLFRF”] made available through the American Rescue Plan, or funds from other federal sources;

WHEREAS, the use of federal funds requires the parties, including but not limited to, recipients, subrecipients, and contractors, to comply with various applicable statutes and regulations including 2 C.F.R. §§ 200.318- 327;

WHEREAS, 2 C.F.R. § 200.327 requires the inclusion of applicable provisions in certain contracts funded in whole or in part by federal funds.

Witnesseth that the parties have AGREED as follows:

Article I Introduction

1.1 The following contract provisions, if applicable, are incorporated into the Contract to which this Rider is attached.

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