Wide Area Network.pdf

L'Anse Creuse Public Schools 24076 F. V. Pankow Blvd.

Clinton Township, MI 48036

Request for Proposals

WIDE AREA NETWORK

Request For Proposal Year: 2024/25 FY2023 E-Rate FORM 470 – 240019256

School District Contact:

Brandon Streng, Director of Technology Technology Department Phone: 586.783.6300 E-mail: strenbr@lc-ps.org

Prepared by:

Triple R Consultants

P.O. Box 302 South Lyon, MI 48178

Phone: 810.923.9290 E-mail: bob@triple-r.us mailto:bob@triple-r.us

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Contents

REQUEST FOR PROPOSALS – SELF-PROVISIONED FIBER (SPECIFICATIONS)

1.0.0 INVITATION TO BID

2.0.0 BIDDER INSTRUCTIONS

3.0.0 GENERAL CONDITIONS

4.0.0 UNIVERSAL SERVICE FUND (USF) CONDITIONS

5.0.0 SCOPE OF WORK

6.0.0 TIMELINE REQUIREMENTS

7.0.0 AWARDED CONTRACT REQUIREMENTS

PRODUCTS AND SERVICES SPECIFICATIONS

8.0.0 SELF-PROVISIONED FIBER (SPF) SPECIFICATIONS

9.0.0 SELF-PROVISIONED FIBER (SPF) MAINTEANCE REQUIREMENTS*

10.0.0 SELF-PROVISIONED FIBER (SPF) DOCUMENTATION

APPENDIX A – INTENT TO BID FORM

APPENDIX B – BID SIGNATURE PAGE

APPENDIX C – BILL OF MATERIALS TOTALS

APPENDIX D - FAMILIAL DISCLOSURE AFFIDAVIT

APPENDIX E - IRAN LINKED BUSINESS AFFIDAVIT

APPENDIX F – LIT FIBER, DARK FIBER THIRD PARTY NETWORK SOLOUTION SPECIFICATIONS 27

II. UNIVERSAL SERVICE FUND (USF) CONDITIONS

III. GENERAL CONDITIONS

IV. PRODUCTS AND SERVICES SPECIFICATIONS

V. SIGNATURE PAGE

VI. FAMILIAL DISCLOSURE AFFIDAVIT

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REQUEST FOR PROPOSALS – SELF-PROVISIONED FIBER (SPECIFICATIONS)

1.0.0 INVITATION TO BID

1.1.0 BID ACCEPTANCE

L'Anse Creuse Public Schools, hereby known as “District”, will accept sealed responses (“Bids”) to this Request for Proposals (RFP) for a Self-Provisioned Fiber (SPF) project which comply with the Invitation to Bid, Bidder Instructions, General Conditions, Universal Service Fund (USF) Conditions, Scope of Work, Timeline Requirements, Awarded Contract Requirements, and Products and Services Specifications set forth below and submitted to the District at the following address:

L'Anse Creuse Public Schools Administrative Offices – Attention: Brandon Streng 24076 F. V. Pankow Blvd.

Clinton Township, MI 48036

1.2.0 TECHNOLOGY-NEUTRAL COMPETITIVE BID REQUEST

In accordance with USAC rules, this bid is a competitively technology-neutral request. Service providers interested in providing alternate telecommunication bids, such as lit fiber, dark fiber, or any other third-party network solutions, refer to Appendix F of this RFP with this bid request for specific details. The Bidder may also combine other services with the self-provisioned fiber bid response. However, all bids must meet the 10Gbps connection speed requirement. The District reserves the right to perform a cost analysis of all bids received and decide which service type is the most cost-effective type of service (i.e., Self-Provisioned Fiber, Lit Fiber, Dark Fiber, or other third-party network solutions). Once the most cost-effective service type is selected by the District, a bid evaluation may only be performed on that type of service to decide the bid award.

1.3.0 INTENT TO BID FORM

All Bidders must complete and submit the Intent to Bid Form, Appendix A, no later than February 20, 2024. The Bidder shall be responsible for the timely delivery of the Intent to Bid Form. The Bidder shall make no additional stipulations on the Intent to Bid Form or qualify their Bid in any other manner.

1.4.0 ADDENDUM QUESTIONS

All addendum questions must be submitted by 3:00P.M. on February 20, 2024.

1.5.0 FACILITIES/BUILDING WALKTHROUGH

All Bidders are strongly encouraged to attend a walkthrough meeting at the facilities and buildings where the Self Provisioned Fiber (SPF) will be installed. The walkthrough meeting will begin promptly at the time specified whereby any/or all questions regarding the (SPF) project will be answered by the District. The walkthrough meeting is scheduled for 2:00 PM, February 20, 2024 at Larry F Brender Support Svc., 24076 F. V. Pankow Blvd., Clinton Township, MI 48036.

2.0.0 BIDDER INSTRUCTIONS

2.1.0 BID OPENING

2.1.1 All Bid responses to this RFP must be in duplicate in a sealed opaque envelope labeled as follows:

Self-Provisioned Fiber (SPF) - FY2024 USF Bid and “March 18, 2024”. The bidder must also upload a complete electronic copy of their bid on the Triple R bidder portal no later than 2:00 PM, March 18, 2024. The bidder must contact Jeremy Flores at jeremy@triple-r.us to request access into the bidder portal for bid submission.

2.1.1 No oral, telephonic, telegraphic, e-mail or facsimile Bids will be considered.

2.1.2 No Bids will be considered after 2:00 PM, March 18, 2024.

2.1.3 The Bidder shall be responsible for the timely delivery of the Bid; the District shall not be liable to any Bidder for any delivery or postal delays and postmarking to the bid opening date will not substitute for receipt of the Bid.

mailto:jeremy@triple-r.us

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2.1.4 All timely submitted Bids received by the District will be opened at the Administrative Offices, 24076 F.V.

Pankow Blvd., Clinton Township, MI 48036 at 2:00 PM, March 18, 2024 for recommendation to the Board of Education at a future regularly scheduled meeting.

2.1.5 If the District is closed due to unforeseen circumstances on the bid opening date, Bids will still be opened using the bidder portal for all properly submitted bids uploaded to the bidder portal by 2:00 PM, March 18, 2024. The district must receive the paper copy from the bidder within three days of the bid opening date or the bid is subject to rejection.

2.2.0 BID BONDS

The Bidder shall submit a five percent (5%) Bid Bond, of the total base Bid price, made payable to L'Anse Creuse Public Schools, with the sealed Bid. Any Bids received without a Bid Bond will be rejected by the District.

2.3.0 CLARIFICATIONS AND CORRECTIONS

Direct all questions regarding this RFP by email to: Brandon Streng at: strenbr@lc-ps.org. The resulting answers, along with the questions shall be posted on the USAC website.

2.4.0 GENERAL REQUIREMENTS

2.4.1 The District or its representatives shall not be held responsible for expenses incurred in the preparation or subsequent presentation of the Bid response.

2.4.2 This RFP for (SPF) is not an offer to enter into a contract, but rather a solicitation for Bids.

2.4.3 The Bidder shall supply, upon request, samples and/or brochures of the proposed materials and equipment with the Bid.

2.4.4 The District reserves the unconditional right to reject any Bid submitted without a five percent (5%) Bid Bond, signed Bid Signature Page, Bill of Materials, Familial Disclosure Affidavit, Iran Linked Business Affidavit, and list of four (4) references.

2.5.0 BID IDENTIFICATION REQUIREMENTS

The Bid shall include the full legal name of the Bidder, its business address, telephone number, and a statement identifying the Bidder as a sole proprietorship, partnership, corporation, or other legal entity. A proprietorship shall state the full name of the proprietor, a partnership shall state the full names of the general partners, and a corporation shall identify the state in which it is incorporated. Each copy of the Bid shall be signed by the person or persons legally authorized to bind the Bidder to a contract.

2.5.1 The Bidder shall complete and submit, along with the Bid, a Bid Signature Page, Appendix B, in long hand, in ink, by an authorized representative.

2.5.2 The Bidder shall complete and submit, along with the Bid, a Bill of Materials, Appendix C, summarizing the details of the Bid.

2.5.3 The submitted Bid shall include a Familial Disclosure Affidavit form, Appendix D, which is properly completed, signed by an authorized representative of the Bidder, and notarized with an affixed, raised notary seal.

2.5.4 The submitted Bid shall include a list of at least four (4) references, one (1) of which must be a school or school district, for similar work performed within the past three (3) years.

2.5.5 The Bid shall be accompanied by a sworn and notarized affidavit that represents and warrants that the bidder, including its officers, directors, and employees, is not an “Iran Linked Business” within the meaning of the applicable Michigan Public Act No. 517 of 2012, and that in the event bidder is awarded a contract as a result of this RFP, the bidder will not become an “Iran Linked Business” at any time during the course of performing under the contract. The Board of Education will not accept a Bid that does not include the sworn and notarized Iran Linked Affidavit, Appendix E. Bids in non-compliance with this request are subject to rejection.

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2.6.0 BLUEPRINTS AND DRAWINGS

Blueprints and/or drawings of the facilities will be made available to the Bidder by the District in the following manner:

2.6.1 The District shall provide drawings per request on the Intent to Bid Form. (Appendix A)

2.7.0 DEFINITIONS

The foregoing definitions are made available for this Request for Proposals (RFP) only.

2.7.1 Alternate Bid – An amount stated in the Bid to be added or subtracted from the amount of the Base Bid, if said change in the Scope of Work, method of construction and/or materials is accepted by the District.

2.7.2 Base Bid – The sum stated in the Bid for which the Bidder offers to perform the Scope of Work wherein work may be added or subtracted for sums stated in the Alternate Bid, if any.

2.7.3 Bid(s) – A complete and properly executed proposal to perform the Scope of Work, or designated portion thereof, for the sums stated within the Bid.

2.7.4 Bidder(s) – Business Entities and/or Person(s) submitting the Bid.

2.7.5 District – L'Anse Creuse Public Schools

2.7.6 Selected Vendor/Contractor – The Bidder(s) receiving formal notice of acceptance of his/her Bid(s) and has been duly served by an officer or agent of the District duly authorized to give such notice.

2.7.7 Self-Provisioned Fiber – Wide Area Network (WAN) owned by the District.

3.0.0 GENERAL CONDITIONS

3.1.0 SUMMARY

The purpose of this Self-Provisioned Fiber RFP is to provide the necessary performance guidelines and criteria, bandwidth specifications, connectivity requirements, locations, and timelines so that all potential Bidders may Bid their best solution(s) at the required USAC/SLD Lowest Corresponding Price (LCP) for E-rate reimbursements.

Bidders shall adhere to all the technical requirements herein this RFP.

3.2.0 RIGHTS OF ACCEPTANCE OR REJECTION

The District’s Board of Education reserves the right to reject any or all Bids in whole, or in part, and accept any Bid or portion of the Bid that, in their opinion, best serves the interests of the District.

3.3.0 QUALIFICATION OF BIDDERS

For the purpose of assuring the District of the quality of workmanship, materials, products and/or services, the Board of Education will retain the right and has complete discretion to qualify or disqualify any Bidders on the basis of available information concerning the Bidder’s ability to perform as needed and the suitability of the products and/or services included in the Bid as described in sections 3.4.0 and 3.5.0. Each Bidder, by submitting a Bid, represents that:

3.3.1 The Bidder has read and understands all the Bid requirements, conditions and specifications contained herein.

3.3.2 The Bidder has the option to visit the District work site and familiarize themselves with the local conditions under which the work is to be performed.

3.3.3 The Bid is based upon the materials, systems and equipment described, without exception, in all Bid documents supplied by the District.

3.3.4 The Bidder who does not attend the walkthrough meeting as scheduled section (1.3.0) may be disqualified at the District’s discretion.

3.4.0 VARIANCE AND PRICE

Any variance from the specifications in section 8.0.0 of this RFP must be fully explained in writing by the Bidder.

All prices quoted in the Bid must be on a unit price basis and include the total price. The price of an item or unit of a given product as promised in a Bid cannot be changed by the selected vendor/contractor provider regardless of whether the District changes the quantity of the item or unit needed.

3.5.0 MANUFACTURER(S) BRANDS/MODEL NUMBERS

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The naming of a manufacturer(s), brand or model number will not be considered as excluding other brands or model numbers for purposes of later providing the products as promised in the Bid. Specifically, similar products with comparable construction, material and workmanship will be considered as equal. Notwithstanding, the Board of Education of the District has complete discretion to evaluate the merits of all Bids submitted and can take into consideration the brand and/or model numbers set forth in the Bids.

3.6.0 MANUFACTURER(S) SUBSTITUTIONS

Any substitution from the specified products and/or services by the manufacturer(s) is acceptable if at no additional cost to the District and approved by an authorized district representative prior to placing the order for said products and/or services. The District reserves the right to refuse any and all manufacturer(s) substituted products and/or services.

3.7.0 MANUFACTURER(S) DISCOUNTS

The District reserves the right to receive any and all manufacturer(s) price reductions, discounts or rebates that are received by the selected vendor/contractor for the specified products and/or services. The selected vendor/contractor agrees to pass any and all cost savings from the manufacturer(s) for the specified products and/or services to the District by way of a setoff of monies owed or refund of monies paid by the District.

3.8.0 CLEAN-UP

The selected vendor/contractor must, at all times, keep the premises free from accumulations of waste materials, caused by the work; and upon completing the work, must remove all work-related rubbish from and about the building(s) and must leave the work area broom clean, or its equivalent. In the case of a dispute, the District may remove the rubbish and charge the cost to the selected vendor/contractor.

3.9.0 ROYALTIES AND PATENTS

The selected vendor/contractor must pay for all royalties, copyright, trademark, and patents and must defend all suits for claims or infringements on copyrights, trademarks and/or patent rights and shall indemnify and hold the District harmless from any and all claims and/or loss related to claims and/or infringements on copyrights, trademarks and/or patent rights, including reasonable attorney fees and costs incurred by the District.

3.10.0 ADDENDA

Any clarifications or modifications to the specifications for the RFP will be issued by the District in the form of an addendum. Any addendum issued during the bidding time will become part of the specifications and posted on the USAC website as set forth in section 2.3.0.

3.10.1 No verbal statements by the District will be considered as binding or enforceable against the District.

3.10.2 All requests for clarifications or modifications must be submitted as per Section 1.40 of this RFP.

3.11.0 FEDERAL, STATE AND LOCAL TAXES

All products and/or services furnished by the selected vendor/contractor must comply with all applicable federal, state, and local codes, and regulations. All Bids must include, and the selected vendor/contractor must pay, all taxes levied by the Federal, State, and Local Governments, on both labor and materials. The District reserves the right to require evidence of such tax payments prior to final payment of the contract. The District is exempt from Federal Excise and State Sales Taxes. To comply with these regulations, sales tax is not to be included in the Bid.

3.12.0 PROJECT IMPLEMENTATION

The selected vendor/contractor shall have sufficient resources to complete the project within the allotted timeframe and shall, upon request, demonstrate that they have the resources necessary to fulfill the Timeline Requirements in section 6.0.0 of this RFP.

3.13.0 NO DISCRIMINATION

The selected vendor/contractor and their subcontractors are required not to discriminate against any employee or applicant for employment, to be employed in the performance of the Bid, with respect to hire, tenure, terms, conditions or privileges of employment, because of race, color, religion, national origin, or ancestry or also because of age or sex, except based on a legitimate occupational qualification. Violation of this requirement may be regarded as a material breach of the Michigan Fair Employment Practices Act and may be subject to prosecution.

3.14.0 NO SMOKING POLICY

The District adheres to a mandatory no smoking policy on school premises and/or at school functions. All Bidders shall comply with this no smoking policy.

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3.15.0 PRODUCTS AND SERVICES SPECIFICATIONS

It is the intent of the specifications in section 8.0.0 of this RFP to define the minimum acceptable quality of products and/or services. The product line must be of known quality from a nationally recognized manufacturer(s) who regularly advertises, promotes, and distributes products and services to the school market.

3.16.0 VARIATIONS FROM SPECIFICATIONS

All variations from the specified products and/or services, section 8.0.0, must be fully explained and included with the Bid. Manufacturer(s) Brands must be used in all cases.

3.16.1 The District reserves the right to increase or decrease quantities or modify the specifications.

3.16.2 The selected vendor/contractor shall agree to a written modification of the terms of its original Bid within five (5) business days of receiving written notification of the increase or decrease in quantities, or modification of the specifications.

3.17.0 PARTIAL BIDS

Partial Bids will be considered, where appropriate.

3.18.0 CANCELLATIONS

The District reserves the right of cancellation for non-performance of the terms specified in the awarded contract.

3.19.0 WITHDRAWAL OF BIDS

Upon presentation of proper identification, any Bidder may withdraw his/her Bid at any time prior to the scheduled Bid Opening date and time, section 2.1.0. No Bid shall be withdrawn for a period of ninety (90) days after the Bid Opening date and time.

3.20.0 BID EVALUATIONS

Considerations for awarding contracts will include price, product quality, service, delivery, and maintenance of products and/or services, adherence to specifications, past performance to the District, vendor/contractor reliability, warranties and familiarity with the projects and the facilities of the District.

3.20.1 It is the intent of the District to award the contract to the Bidder submitting the “best” cost effective Bid for the project; provided the Bid has been properly submitted and delivered, including all required documentation herewith, and considered reasonable in price.

3.20.2 Price being the primary factor, consideration, other than price alone, may be used in determining the most successful Bid, such as technical experience, local service and support, and experience in educational environments.

3.20.3 The Board of Education of the District will evaluate the merits of all Bids submitted and reserves the unconditional right to accept or reject any or all Bids.

3.21.0 NOTICE OF AWARD

The Bidder will be deemed as having been awarded when the formal notice of acceptance of his/her Bid has been duly served upon the intended awardees by an officer, or agent, of the District duly authorized to give such notice.

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4.0.0 UNIVERSAL SERVICE FUND (USF) CONDITIONS

4.1.0 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 RFP to the Universal Service Administrative Company (USAC), Schools and Library Division (SLD) at (888) 203-8100.

4.2.0 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.

4.3.0 UNIVERSAL SERVICE DISCOUNTS

The service provider contract is conditional upon the District receiving universal service discounts under the FY2024 universal service support mechanism, E-Rate. The District reserves the unrestricted right to reduce the contract amount by reducing the amount of services and/or products in order to meet budget requirements in the event the level of the universal service discounts is reduced. Any such reductions to the contract amount will be taken prior to the start of the specific work being reduced or eliminated on a given building and/or project.

4.4.0 UNIVERSAL SERVICE DISCOUNT IMPLEMENTATION

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

4.5.0 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.

4.6.0 PROJECT FUNDING REQUIREMENTS

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

4.7.0 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.

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5.0.0 SCOPE OF WORK

5.1.0 GENERAL DESCRIPTION

The general description of the Scope of Work (SOW) for this project is to provide the District with a Self-Provisioned Fiber (SPF) system with 12 strands to each location at seventeen buildings or locations which terminate back to Larry F Brender Support Svc, 24400 F.V. Pankow Blvd., Clinton Township, MI 48036. The SOW consists of providing the labor, equipment, supplies and materials, and all operations necessary for the successful design and installation of a fully-functional, outside fiber optic network, in accordance with the specifications and the accompanying drawings included herewith this RFP. The selected vendor/contractor shall not be required to install any fiber patch cables nor connect any network electronics to the fiber optic network. This is a federally funded project, so prevailing wage is required. In addition to the forgoing SOW, all Bids must comply with all sections of this RFP and the Products and Services Specifications set forth in sections 8.0.0 through 10.0.0.

5.2.0 SPF SITE LOCATIONS

5.2.1 The District shall provide any available documentation regarding each building’s engineering and end-point terminations, where applicable.

Building Name Address City State Zip Atwood Elementary School 45690 North Ave Macomb MI 48042 Burdi Early Childhood Center 29851 Twenty Four Mile Chesterfield MI 48051 Donald J. Yacks ELEM. School 34700 Union Lake Rd Harrison Township MI 48045 Emma V. Lobbestael ELEM. 38495 Prentiss St Harrison Township MI 48045 Francis A. Higgins ELEM. School 29901 24 Mile Rd Chesterfield MI 48051 Green Elementary School 47260 Sugarbush Rd Chesterfield MI 48051 Joseph M. Carkenord Elementary School 27100 24 Mile Rd Chesterfield MI 48051 L'anse Creuse High School 38495 Lanse Creuse St Harrison Township MI 48045 L'anse Creuse High School - North 23700 21 Mile Rd Macomb MI 48042 L'anse Creuse Middle School - Central 38000 Reimold St Harrison Township MI 48045 L'anse Creuse Middle School - East 30300 Hickey Rd Chesterfield MI 48051 L'anse Creuse Middle School - North 46201 Fairchild Rd Macomb MI 48042 L'anse Creuse Middle School - South 34641 Jefferson Ave Harrison Township MI 48045 Larry F Brender Support Svc. 24400 F. V. Pankow Blvd. Clinton Township MI 48036 Marie C. Graham Elementary School 25555 Crocker Blvd Harrison Township MI 45045 South River Elementary School 27733 South River Rd Harrison Township MI 48045 Tenniswood Elementary School 23450 Glenwood St Clinton Township MI 48035

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5.3.0 SCOPE OF WORK DESCRIPTION

1. The district is requesting a fiber rebuild from Larry F Brender Support Svc, 24400 F. V. Pankow Blvd., Clinton Township, MI 48036 all the buildings listed in the table all the buildings list in table 5.2.1. The current fiber plant includes a section of fiber on Gratiot Avenue which is in a condo with McLeod fiber (see maps). The district requests that the new fiber is placed outside the McLeod condo. The preference is to have all fiber on poles moved to underground for the entire fiber plant. Any fiber cable that is not part of the McLeod condo should be wrecked out once the new installation has been completed.

2. This portion of the project consist of wrecking out existing fiber from Gratiot Ave and 23 Mile Rd. The fiber travels down 23 Mile West to Fairchild. Fiber ends are 23 Mile and Fairchild..

Note: The bidder must also make sure all bid responses include the necessary tree trimming for all fiber routes.

5.4.0 PROPOSED SPF ROUTES/PERMITS

5.3.1 The District maps of the current route(s) for the SPF, which will be provided after submitting an Intent to Bid Form (Appendix A) and selecting yes to request drawings.

5.3.2 The selected vendor/contractor shall verify the viability of the route(s) and in the case of any changes or revisions, promptly notify the District of the proposed changes and any alternative(s).

5.3.3 The selected vendor/contractor shall provide the engineering and permitting for constructing the route(s) proposed by the District. Also, the District will consider alternative routes and will choose the most cost-effective route in accordance with E-rate program guidance.

5.3.4 The selected vendor/contractor shall field the proposed route(s) to obtain footages, pole locations, anchor locations, underground routing, etc., and any information necessary to fulfill the permit application requirements of all utilities and/or municipalities associated with the route(s).

5.3.5 The selected vendor/contractor shall overlay the fiber optic design onto routes, including FOC strand count(s), storage locations, and splice locations.

5.3.6 The selected vendor/contractor shall complete, submit, and follow-up until approval, all permit applications to the necessary authorities. In cases where access to certain permit authorities are required by the District (i.e., MDOT), the District shall work with the selected vendor/contractor to grant such access, as necessary.

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5.5.0 SELECTED VENDOR/CONTRACTOR RESPONSIBILITY

It shall be the responsibility of the selected vendor/contractor to provide the configuration and system quantities to all locations stated herein. The intentional or accidental omission of necessary component(s) or system(s) shall require the selected vendor/contractor to supply said missing component(s) or system(s) at no cost to the District. The District and any Consultants associated with this RFP are not responsible for any omission, failure to detect any requirement, or any other condition required to complete the Scope of Work. The awarded Bidder shall:

5.4.1 Meet jointly with representatives of the District to exchange information and agree on details of equipment arrangements and installation interfaces for a Self-Provisioned Fiber (SPF) project.

5.4.2 Have sufficient resources to complete the SOW within the allotted timeframe and shall, upon request, demonstrate that they have the resources necessary to complete the SOW within the specified timeframe.

5.4.3 Furnish all labor, supervision, tooling, and miscellaneous mounting hardware and consumables for the (SPF) system installed at the District.

5.4.4 Install all cables in accordance with the Product and Services Specifications and/or manufacturer’s recommendations and best industry practices.

5.4.5 Develop and submit for approval a labeling system for the cable installation. At a minimum, the labeling system shall clearly identify all components of the system; racks, cables, panels, and outlets.

5.4.6 Install a fire stop system in accordance with the specifications and/or manufacturer’s recommendations which shall be completely installed and available for inspection by the local inspection authorities prior to (SPF) system acceptance, section 8.6.0.

5.4.7 Provide a written guarantee/warranty covering the installed (SPF) system against defects in workmanship, components, and performance, and follow-on support after project completion for a period of three (3) years.

6.0.0 TIMELINE REQUIREMENTS

6.1.0 PROJECT TIMELINE

The selected vendor/contractor shall have sufficient resources to complete the SOW, section 5.0.0, within the allotted timeframe and shall, upon request, demonstrate that they have the resources necessary to fulfill the timeline requirements for completing the entire project. The District is expecting the project to be completed in accordance with the following Project Timeline:

RFP available on-line or for pickup ........................................................................... [February 15, 2024] Walk Through ................................. [2:00 PM]. .......................................................... [February 20, 2024] Sealed Bids Due .............................. [2:00 PM]. ............................................................... [March 18, 2024] Sealed Bids Opened ........................ [2:00 PM]. ............................................................... [March 18, 2024] Board Approval .............................. ................................................................................... [April 15, 2024] Sign Contracts/approve Implementation Schedule ....................................................... [March 20, 2024] Installation Begins .......................... ..................................................................................... [July 01, 2024] Installation Complete ..................... .......................................................................... [September 30, 2024]

6.2.0 SCOPE OF WORK SCHEDULES

If or when the school buildings specified in the SOW are occupied with students and school is in session, the selected vendor/contractor is expected to perform the project after school hours and without any additional costs to the District.

Areas of the school buildings that are otherwise unoccupied with students and whereby instruction is not disturbed, the selected vendor/contractor may perform the SOW with prior written authorization from the District.

6.3.0 PROJECT IMPLEMENTATION SCHEDULES

All Bidders shall provide the District with a project implementation schedule that adheres to the timeline requirements stated above, section 6.1.0. Further, the project implementation schedule must demonstrate that the selected vendor/contractor has the means and capability to complete the SOW without disruption to school building instruction, activities, and meetings. This said project implementation schedule must be agreed upon by both the vendor/contractor and the District and shall be incorporated as part of the awarded contract.

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7.0.0 AWARDED CONTRACT REQUIREMENTS

7.1.0 CONTRACT EXECUTION

The Bidder shall render, deliver, and execute the awarded contract within ten (10) days of being notified that the Bid is accepted and that the selected vendor/contractor is awarded a contract to perform the SOW in accordance with all terms and conditions contained herein. The awarded contract must be SIGNED and DATED by both the District and the awarded vendor/contractor prior to start of any work and in compliance with section 4.6.0.

7.2.0 SEPARATE CONTRACTS

The District reserves the unrestricted right to award different portions of the project, as broken out in the Bill of Materials, Appendix C, to separate vendors/contractors as separate contracts. Said separate contracts shall be based on the District’s evaluation and interpretation of the “most cost effective” means for the District to complete the SOW for this project.

7.3.0 CHANGES TO SCOPE OF WORK

The District, without invalidating the Contract, may order changes within the SOW consisting of additions, deletions, and/or modifications, the Contract Sum and the Contract Time being adjusted accordingly. All said changes in the SOW shall be authorized by written “Change Order(s)”, signed by the District, and will be executed under applicable condition of contract documents.

7.3.1 The Contract Sum and The Contract Time may be changed only in writing.

7.3.2 The cost or credit to the District from all “Change Order(s)” shall be determined by mutual, written, agreement.

7.3.3 The District will not pay invoices for work performed by verbal authorization.

7.4.0 PERFORMANCE BOND REQUIREMENTS

The Bidder shall furnish a Performance Bond covering the faithful performance of the awarded contract and a labor and material payment Bond in the TOTAL amount of the Bid in such form and with such sureties as the District shall approve, which such approval will not be unreasonably withheld. If the selected vendor/contractor defaults, neglects or fails to perform any provisions of the awarded contract, the District may, at its discretion, and after seven (7) days written notice to the selected vendor/contractor, notify the bonding company that the selected vendor/contractor is in default.

7.4.1 The selected vendor/contractor shall provide, and present with the sealed Bid, a bid bond or cashier’s check in the amount equaling five percent (5%) of the Bid total.

7.4.2 The selected vendor/contractor shall provide, and maintain in force, a bond with surety, and on forms approved by the District in the amount of one-hundred percent (100%) of the contract amount that the selected vendor/contractor shall promptly and faithfully perform all obligations under the awarded contract.

7.4.3 The selected vendor/contractor shall provide and maintain, in force, a bond with Surety and on forms approved by the District that selected vendor/contractor shall make payment to all claimants for all labor and material used or reasonably required for use in the performance of the awarded contract.

7.4.4 Final Bid price may not exclude costs to secure or hold performance or bid bonds.

7.5.0 TERMINATION OF AWARDED CONTRACTS

If the selected vendor/contractor defaults or neglects to carry out the SOW and sections referenced therein, in accordance with the awarded contract and/or fails to perform any provision of the awarded contract, the District may, after seven (7) days’ written notice to the selected vendor/contractor and without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the selected vendor/contractor or, at its option, may terminate the awarded contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the selected vendor/contractor and may finish the project by whatever method it may deem expedient. If such expense exceeds such awarded contract price, the selected vendor/contractor shall pay the difference to the District.

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7.6.0 EMPLOYMENT PRACTICES

The selected vendor/contractor, by signing a contract, agrees to comply with the provision of the State of Michigan policy regarding "Non-Discrimination of Employment", section 3.12.0.

The selected vendor/contractor shall also:

7.6.1 Provide all selected vendor/contractor employees with picture ID.

7.6.2 Upon arrival and departure, have all employees sign in and out at the main office for each school building location.

7.6.3 Supply the District, by email, weekly work schedules no later than the Wednesday of the preceding week.

Failure to do so may result in the schedule being rejected by the District.

7.7.0 SELECTED VENDOR/CONTRACTOR PERFORMANCE

The selected vendor/contractor will be responsible for construction means, methods, techniques, sequences or procedures, and safety precautions and programs in connection with the SOW, section 5.0.0, and the Timeline Requirements, section 6.0.0. The selected vendor/contractor shall also:

7.7.1 Provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, transportation, and other facilities and services necessary for proper execution and completion of the SOW.

7.7.2 At all times enforce strict discipline and good order among its employees and shall not employ any unfit person or anyone not skilled in the tasks assigned to them.

7.7.3 Give all notices and comply with all laws, ordinances, rules, regulations, and orders of any public authority bearing on the performance of the work performed.

7.7.4 Be responsible for the acts and omissions of all his employees and all Subcontractors, if any, their agents and employees and all other persons performing any of the work under a contract with the selected vendor/contractor.

7.8.0 SUBCONTRACTOR PERFORMANCE

A Subcontractor is a person, firm, company, or corporation who has a contract with the Bidder to perform any work for completing the project. The awarded Bidder shall be responsible for the actions, inactions, and work performed by the subcontractor. Contracts between the Bidder and the subcontractor shall be in accordance with the terms of the awarded contract by the District to complete the SOW, section 5.0.0. The selected Bidder shall furnish to the District, in writing, a list of any/all subcontractors proposed to perform any part or portion of the SOW to complete the project.

The selected Bidder shall not employ any subcontractor to whom the District objects and may withdraw their Bid or submit an acceptable substitute.

7.9.0 SUPPLEMENTAL INFORMATION REQUESTS

The Bidder shall be prepared to provide the District, within ten (10) days of being notified of the awarded contract, the names of the suppliers for the equipment and materials used to complete the work. The District may request all Bidders to also submit, within ten (10) days of being notified, the following:

7.9.1 The Bidder’s performance record(s).

7.9.2 An itemized list of the Bidder’s equipment, plant, and personnel.

7.9.3 The Bidder’s financial statement(s).

7.9.4 A description of any project, which the Bidder has completed in a satisfactory manner.

7.9.5 Any additional information that will satisfy the District that the Bidder is adequately situated and able to fulfill the terms of the proposed contract.

7.9.6 A description of any other project(s) that will be performed simultaneously with the District’s project(s).

7.9.7 A statement regarding any past, present or pending litigation for contracted products and services.

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7.10.0 INSPECTIONS

The District and its agents have the right to inspect the selected vendor/contractor’s work periodically to determine that proper materials were used and that the progress and quality of work completed is in accordance with the contract.

7.10.1 Prior to the start of the SPF project, the selected vendor/contractor will have materials on site and available for inspection by the District’s designated authorized representative. All cable reels must be inspected by an authorized representative of the District prior to installation.

7.10.2 All equipment used for the SPF project must be compliant with the specified part numbers contained in the successful Bid.

7.10.3 Prior to completion of the work, all ceiling tiles will be left open until the District has inspected the work.

After said inspections, the selected vendor/contractor will replace all ceiling tiles.

7.11.0 INVOICE/PAYMENT REQUIREMENTS

Invoicing for payment(s) will be made 100% upon completion of the SOW and acceptance by the District. All invoices must comply with the USF E-Rate Conditions, section 4.6.0. No invoices will be DATED or PAID before July 1, 2024. Payments will be paid NET 30 days AFTER:

7.11.1 Acceptance by the District of “AS-BUILT” drawing(s) in both paper and electronic copy per section 10.2.0.

7.11.2 After installation of the SPF and each single mode fiber strand is tested per section 8.5.0

7.11.3 When applying for payments, the selected vendor/contractor shall submit to the District an itemized invoice based upon the installation schedule and supporting documentation required herein.

7.11.4 The project shall be considered complete when the SOW has been completed, accepted by the District and the following items are furnished; a) required guarantees, b) test documentation, and c) waivers of lien submitted showing all payrolls, material bills and other indebtedness connected with the project have been paid. The selected vendor/contractor must submit both a) and b) before the final payment is requested.

7.11.5 Payment may be withheld by the District for; a) defective work not remedied, b) claims filed and unresolved,

c) failure of the selected vendor/contractor to properly pay for labor, materials or equipment, or proper payment to Subcontractors, and/or d) damages to the District or another Contractor.

7.12.0 GUARANTEES

The selected vendor(s)/contractor(s) must furnish the District a written guarantee of the services and/or products provided to the district for, at least, three (3) years after the final payment covering all workmanship and materials specified in the contract. Any defects in workmanship or materials for which a claim is submitted by the District within the three (3) year period must be corrected or replaced within thirty (30) days.

7.13.0 WARRANTIES

The selected vendor/contractor(s) must furnish the District written warranty documentation. This warranty documentation should include cable and connectivity components and have one (1) point of contact person for all (SPF) system issues, where applicable.

7.13.1 The selected vendor/contractor must warrant that all materials and supplies incorporated within the Bid, is new, unless otherwise specified, and that all work performed will be of good quality, free from faults and defects, and in adherence to the Product and Services Specifications in this RFP.

7.13.2 The warranty shall provide a complete system warranty to guarantee an end-to-end high performance (SPF) system that meets the system application requirements. The (SPF) system shall be warrantied under this provision for seven (7) years.

7.13.3 If the manufacturer repairs any product under the warranty, they may use new or reconditioned replacement parts. If the manufacturer replaces the product under the warranty, they may replace it with a new or reconditioned product of similar or same design.

7.13.4 Any such repairs or replacement by the manufacturer will be warranted for either a) ninety (90) days or b) the remainder of the original seven (7) year warranty period, whichever is longer.

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7.14.0 CORRECTION OF WORK

The selected vendor/contractor shall correct any work that fails to conform to the requirements of the awarded contract where such failures or any defects is due to faulty materials, equipment or workmanship which appear within a period of seven (7) years from the date of completion of the contract or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract. These provisions apply to all work performed by employees of the selected vendor/contractor and any Subcontractors.

7.15.0 RIGHT TO REJECT OR STOP THE WORK

The District may reject work which does not conform to the Bid or awarded contract specifications. If the selected vendor/contractor fails to correct any defective work or fails to supply labor, materials, or equipment in accordance with the specifications of the awarded contract, the District may order the selected vendor/contractor to stop all work, or any portion thereof, until the cause for such order has been eliminated.

7.16.0 INDEMNIFICATION

The selected vendor/contractor shall indemnify and hold harmless the District and its agents and employees from and against all claims, damages, losses and expenses including attorneys’ fee arising out of or resulting from the performance of the project; provided that any such claim, damage, loss or expense is attributable to a) bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting from and b) is caused in whole or in part by any act or omission of the selected vendor/contractor, and/or Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. In any and all claims against the District or any of its agents or employees, by any employee of the selected vendor/contractor, and/or Subcontractor, anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitations on the amount or type of damages, compensation or benefits payable by or for the selected vendor/contractor and/or any Subcontractor under workmen’s compensation acts, disability benefit acts or other employee benefit acts.

7.17.0 FORCE MAJEURE

Except for the District’s obligation to pay the selected vendor/contractor, neither party shall be liable for any failure to perform its obligations under the awarded contract or any SOW if prevented from doing so by a cause or causes beyond its control, including without limitations, acts of God or public enemy, failure of suppliers to perform, fire, floods, storms, earthquakes, riots, strikes, war, and restraints of government.

7.18.0 LIABILITY REQUIREMENTS

The selected vendor/contractor shall be responsible for initiation, maintaining, and supervising all safety precautions and programs in connection with the project. The selected vendor/contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to 1) all employees on the project and other persons who may be affected thereby, 2) all the SOW and all materials and equipment to be…