Pioneerland Library System Wide Area Network REQUEST FOR PROPOSALS December 5, 2013 Section 00001 Page 1 of 1 December 2013 SECTION 00005 TABLE OF CONTENTS SECTION TITLE 00001 Title Page 00005 Table of Contents 00020 Notice to Respondents 00030 Request for Proposals 00050 Special Instructions to Respondents 00100 Instructions to Respondents 00200 Response Form 00400 Proposed Subcontractors 00500 Contract Form 16010 General Conditions 16700 Scope of Work 16711 Transport Facilities 16712 Wide Area Network Requirements 16715 Support Requirements 16790 Pioneerland Branch Library Site List 16791 Site Pricing Sheet End of Section 00005 Section 00005 Page 1 of 1 December 2013 SECTION 00020 NOTICE TO RESPONDENTS NOTICE is hereby given that sealed proposals will be received by Pioneerland Library System for the supply, delivery, and construction of a Wide Area Network for member sites as called for in within these specifications. Signed and sealed Proposals will be received by the due date below via postal delivery, courier, or hand delivery by Respondent. There will be no public opening of Proposals. All proposals will be reviewed internally and the results of all decisions announced to all Respondents in writing. Proposal Due Date: January 17, 2014 1:00 PM CST Delivery Location: Pioneerland Library System Main Offices 410 5th St SW Willmar, MN 56201 (320) 235-6106 Attn: Beth Lunn Respondents will include one (1) original and two (2) copies of the Proposal response in printed format. Electronic format is also required. Acceptable electronic file formats include Adobe Acrobat®, Microsoft Word® and Excel®, and Apache OpenOffice Write® and Calc®. The electronic documents will be stored on a read-only CD-ROM and included with the submitted printed Proposals. There is a mandatory pre-bid Vendors meeting on December 19, 2013 at 1:30pm at the Pioneerland Library System Main Offices located at the above address. Proposals will not be accepted from Vendors who do not attend this meeting. These specifications are available online at: http://www.pioneerland.lib.mn.us/rfp.htm http://www.shawdata.net/rfp.html For information concerning this project, please contact: Beth Lunn Pioneerland Library System (320) 235-6106 x29 beth.lunn@pioneerland.lib.mn.us Matthew Shaw Shaw Data Specialists, Inc. 320-310-2689 mshaw@shawdata.net End of Section 00020 Section 00020 Page 1 of 1 December 2013 SECTION 00030 U REQUEST FOR PROPOSALS U 1. INVITATION TO RESPOND U Pioneerland Library System ("PLS") hereby requests and invites companies which are capable of satisfying the requirements contained herein to submit Proposals to PLS for the for the supply, delivery, installation and support of Wide Area Network services. PLS will accept Proposals for these services as specified in Sections 16700 to 16790. Respondents may provide multiple Proposals with different options for the contract called for as long as all requirements found in these specifications are met. 2. CONTRACT TERM The term of the Contract will be three (3) years beginning July 1, 2014. There will also be two (2) optional one-year extensions following the initial term. The Owner will have sole discretion to exercise the two (2) optional one-year Contract extensions. 3. PROPOSAL SUBMITTAL Proposals will be submitted as set forth herein. Elaborate and expensive bid copy is neither required nor desired. Organized, legible and clearly stated information is required. Respondents will include one (1) original and two (2) copies of the Proposal response in printed format. Electronic format is also required. Acceptable electronic file formats include Adobe Acrobat®, Microsoft Office Word® and Excel®, and Apache OpenOffice Write and Calc. The electronic documents will be stored on a CD-ROM and included with the submitted printed Proposals 4. BONDS a. A Bid Bond is not required. b. A Performance Bond is not required. 5. PROPOSAL EVALUATION Proposals will be reviewed and evaluated by PLS representatives and related staff using a point scoring system. Points will be assigned based on overall cost, design of the system, references of the Respondent, and completeness of the Proposal and related submittals. Cost will account for greater than 50% of the available points and will be assigned points based on the methodology found in Section 00050. Any approval and award of contract will be at the sole discretion of PLS. 6. AWARD OF CONTRACT An award of Contract will be based on the Proposal that receives the highest number of points during the proposal evaluation. See Section 00050 Paragraph 8 for more information. Section 00030 Page 1 of 2 December 2013 7. WAIVING OF INFORMALITIES PLS reserves the right to waive minor informalities in the proposal response process if it is in their best interest to do so. The proposal evaluation process will comply with all applicable state and local laws. 8. REJECTION OF PROPOSALS PLS reserves the right to reject any or all proposal responses received if such action is considered to be in the best interest of PLS. See Section 00050 Paragraph 8 for more information. 9. OBLIGATION TO RESPONDENTS This Request for Proposals does not obligate PLS to pay any cost incurred by companies or individuals related to preparation or submission of a response to this request. 10. PROJECT SCHEDULE December 5, 2013 Distribution Of Specifications December 19, 2013 1:30PM Pre-Bid Vendor Meeting (mandatory) January 10, 2014 Due Date For Final Questions From Respondents January 14, 2014 Due Date For Any Addenda Issued By Owner January 17, 2014 1:00PM Proposal Response Due Date January 30, 2014 Selection Of Successful Proposal February 3, 2014 Submittal of Contract by Successful Respondent February 20, 2014 Sign Approved Contract With Vendor June 24, 2014 Completion Of Construction And Final Testing July 1, 2014 Cut Over To New System And Start Of Billing 11. NONDISCRIMINATION/EQUAL OPPORTUNITY PLS does not discriminate on the basis of race, creed, color, gender, religion, ancestry, national origin, and adheres to all applicable federal or state statutes and regulations relating to equality of opportunity. All businesses are encouraged to submit Proposals to PLS that comply with these specifications. End of Section 00030 Section 00030 Page 2 of 2 December 2013 SECTION 00050 SPECIAL INSTRUCTIONS TO RESPONDENTS Respondents will take careful note of the following special requirements for this project, and will state clearly and concisely in their Proposals all relevant concerns, restrictions and limitations. 1 INTENT a) Pioneerland Library System (“PLS) is seeking a Contractor to construct, operate and maintain a Wide Area Network service between it's library sites for the purpose of transporting internet data services. Library site details are found in Section 16790. PLS intends to enter into a multiple year lease agreement with the successful Respondent. b) Respondents are advised that the Owner may choose to award partial contracts to separate Vendors if there is no one Proposal Response that includes all sites. A single contract is the preference of the Owner but it is acknowledged that given the geographic area covered by PLS this may limit availability of Proposal Responses that cover all library sites found in Section1 16790. 2 PROPOSAL FORMAT AND ORGANIZATION a) Proposals submitted are for the supply and delivery of equipment and services detailed within these specifications. b) Proposals will be organized and formatted in numbered sections as follows: i) The properly completed and executed Proposal Form following the outline provided in Section 00200 of this document. ii) The List of Proposed Subcontractors following the outline provided in section 00400 of this document. iii) Technical data for all major system components proposed to be furnished as part of the system. iv) A written response identified by specification paragraph number for each and every exception taken by the Respondent to these specifications. The absence of a written response or of an exception to any paragraph will be construed by PLS as an "Understood and Will Comply" response to that paragraph by the Respondent. 3 SUBMISSION OF PROPOSALS a) Elaborate and expensive response copy is not required or desired. Organized, legible, and clearly stated responses and information is required. b) Company brochures may be included on an optional basis, but will not be considered as a Section 00050 Page 1 of 5 December 2013 substitute for the information requested herein, which must be all inclusive and self-contained in the response submittal. c) Each Respondent is required to furnish with their response all facts and information necessary or pertinent to the evaluation and selection of the submitted Proposal that is in the best interest of the PLS, with respect to the criteria defined herein. d) The Respondent will include in the Proposal all special conditions and terms that may apply to the Proposal. 4 SITE PRICING SHEET REQUIREMENTS a) The Respondent will provide pricing for multiple Tiers of bandwidth capacity and service levels for at each site. The pricing will be provided using the form found in Section 16791. i) The Respondent will provide pricing for the service level Tiers that they are able and desire to provide. Respondents ARE NOT required to provide pricing for every Tier at every site. (1) The Owner reserves the right to award Contracts to multiple respondents in the event that there is no single Proposal Response that includes all sites. (2) If a Respondent is not offering a price for a particular site/tier, they are required to enter “No Bid” in the appropriate area on the pricing sheet found in Section 16791. ii) The Respondent is to provide pricing in the exact format as the pricing sheet shown in Section 16791 and will include for each Tier Non-Recurring Cost ("NRC), Monthly Recurring Cost ("MRC), capacity in Megabits/second (Mb/s), and type of service (i.e. 2xDS1, DS3, Ethernet, etc). iii) The Owner will have the option to upgrade bandwidth capacity from a site's initially chosen tier to a higher level tier during the term of the Contract. These upgrades will be managed by Addendum to the Contract. iv) Pricing for each tier provided in the successful Proposal Response will be included in the final Contract and used for future site capacity upgrades within the term of the Contract. v) Some areas of the pricing sheet in Section 16791 for certain sites are grayed out. These tier levels are not desired by the Owner and the Respondent IS NOT required to provide pricing for those tiers. b) Respondents wishing to submit more than one Proposal Response will do so in separate Proposals. All Proposals will adhere to the format and submittal requirements found in these specifications. Inclusion of multiple offers differing in service type or capacity submitted within the same proposal will be grounds for rejection of that proposal. c) Any Proposal from a single Respondent will not be contingent upon the acceptance of any other Proposal from the same or other Respondent. 5 DURATION OF PROPOSAL PRICES Section 00050 Page 2 of 5 December 2013 a) The costs submitted by the Respondent will remain in effect and valid for a minimum of ninety (90) days after the response deadline date as set forth herein or until a contract is executed between the Contractor and the Owner. 6 DISQUALIFICATION OF RESPONDENTS a) PLS reserves the right to reject any or all Proposals, or any part of any Proposal, or to advertise for new Proposals on the same project, which may include portions of the project originally submitted if such action is considered to be in the best interest of PLS. b) Any of the following reasons can, at the discretion of PLS, be considered sufficient cause for disqualification of any Respondent and the rejection of his or her submitted Proposal. i) More than one Proposal for the same work from the same corporation or partnership submitted under a different name. ii) Evidence of collusion among Respondents. iii) Questionable or unacceptable financial condition of the Respondent. iv) Lack of acceptability of equipment proposed for this service. v) The lack of qualification or inexperience or previously established record of poor performance by the Respondent, a Subcontractor, or the equipment manufacturer. vi) The inability of the Respondent to provide maintenance services within a reasonable time within the full term of the contract. vii) Other legally justifiable reasons. 7 AWARD OF CONTRACT a) The Contract will be awarded to the Respondent that receives the highest number of points during the proposal evaluation. Points will be awarded based on the following: i) Cost – more than 50% of points will be allocated to this attribute ii) Compliance with Specifications iii) Overall design of system iv) Ability for the Respondent to provide service and support of system as required v) Ability for the Respondent to complete the work in a timely manner vi) Positive references for the Respondent vii) Completeness of Proposal Response 8 AGREEMENT/CONTRACT a) The Contractor will provide PLS a contract for leased equipment, facilities, and services that Section 00050 Page 3 of 5 December 2013 are consistent with the submitted proposal which will be signed by PLS personnel with the authority to do so. b) Any changes to the Contract will be made in the form of an Addendum to the original Contract and will become part of the original agreement in its entirety and will be valid until the end of the original Contract or until another Addendum nullifies it. c) PLS is dependent on federal E-Rate and RLTA subsidies for this project. PLS will sign a Contract for leased equipment and services with the successful Respondent with understanding that the full execution of said Contract will be contingent upon PLS's E-Rate and RLTA application(s) being approved. If PLS's E-Rate or RLTA application is denied by the state and/or federal government then the Contractor will allow PLS to terminate the Contract (i.e. fund out) or enter into a new agreement. The Contractor will understand that this E-Rate or RLTA approval or denial can, at times, take several months or more to be received by PLS. Any Contract that PLS enters into with the Contractor will state this understanding related to funding clearly with a “Funding Out” clause. d) The Contractor will have an assigned and current Service Provider Identification Number (SPIN) from the Universal Service Administration Company - Schools and Libraries Division (USAC-SLD). 9 BILLING AND ORDER MANAGEMENT a) The Contractor will provide PLS with a monthly invoice statement. PLS will make monthly payments to the Contractor for the duration of the lease agreement. b) The Contractor WILL NOT be required to submit any E-Rate or RLTA documentation or paperwork. 10 DELIVERY OF EQUIPMENT a) If equipment is necessary at each site, the Contractor will deliver equipment into the member sites within PLS as listed in Section 16700. The Contractor will include in the submitted pricing all required delivery and freight charges. 11 BONDS a) A Respondent's Bid Bond or Performance Bond is not required, however, PLS reserves the right to reject any proposal where PLS believes that the Respondent may not be able to complete the project in a satisfactory or timely manner and/or maintain the service. 12 PROJECT COMPLETION a) PLS intends and expects to all equipment and services to be delivered, installed, tested and functional no later than June 24, 2014. Section 00050 Page 4 of 5 December 2013 End of Section 00050 Section 00050 Page 5 of 5 December 2013 SECTION 00100 INSTRUCTIONS TO RESPONDENTS 1. INTENT a) These specifications with their associated documents describe work to be indicated on the Contract documents for the construction, implementation, and ongoing service and maintenance of a wide area network for PLS and it's member libraries. b) Work to be performed consists of the furnishing of all materials, machinery, equipment, labor, supplies, tools, transportation and other incidentals necessary or convenient to complete the work as shown in the individual sections of these specifications which are available at: i. http://www.pioneerland.lib.mn.us/rfp.htm ii. http://www.shawdata.net/rfp.html c) It is the specific intent of the Owner to contract with one or more vendors for the timely and satisfactory completion of this project. 2. DEFINITIONS a) Respondent – Will mean the corporation or joint venture group submitting a Proposal for the provision of the equipment and the services described by these specifications. b) Owner – Will mean the Pioneerland Library System (“PLS”) and its governing board acting through its Director or other authorized representatives. c) Contractor – Will mean the corporation or joint venture group entering into a contract or agreement with the Owner named herein to provide leased equipment and services described in and by these specifications. d) Provider – Will mean the corporation or joint venture group entering into a contract or agreement with the Owner named herein to provide leased equipment and services described in and by these specifications. (same as Service Provider). e) Sub-Contractor – Will mean any corporation, partnership, or individual having a direct contract with the Contractor to provide services for this project, but will not mean any corporation, partnership, or individual who merely furnishes materials to the Contractor. A Sub-Contractor will include any organizations or companies from which the Respondent has secured last-mile connectivity or other services for the fulfillment of the Contract. Section 00100 Page 1 of 9 December 2013 f) Surety – Will mean the entity which is bound with and for the Contractor for the performance of the work specified hereinafter. g) Provide – Will in all cases mean to furnish, install, connect, and test, unless specifically stated otherwise. h) Work – All labor necessary to produce the construction required by the contract documents, and all materials and equipment incorporated or to be incorporated in the project by the Contractor and its Sub-Contractors. i) Written Notice – Will be deemed to have been duly served only if sent by registered mail, to the last business address known to the one who gives notice. j) When the specifications state the words "as directed", "as required", "as permitted", or when words of like meaning are used, it will be understood that the direction, requirements, or permission of the Owner is intended. Similarly, the words, "approved", "acceptable", "satisfactory" will refer to approval by the Owner. 3. SUBMISSION OF PROPOSALS a) Elaborate and expensive response copy is not required or desired. Organized, legible, and clearly stated responses and information is required. b) Company brochures may be included on an optional basis, but will not be considered as a substitute for the information requested herein, which must be all inclusive and selfcontained in the response submittal. c) Respondents will follow the format described in this Section when submitting Proposals for this project. d) The Respondent will include in the Proposal all special conditions and terms that may apply to the Proposal. Any and all exceptions taken by the Respondent to the requirements of the specifications must be clearly identified, and fully documented and explained. e) Each Respondent is required to furnish with their Proposal Response all facts and information necessary or pertinent to the evaluation and selection of the Proposal Response which is in the best interest of the Owner and meets the criteria defined in these specifications. 4. SUBMISSION OF PRICING a) The Respondent will provide pricing using the pricing sheet found in Section 16791. Pricing for every Tier of service is not required. The Respondent will provide pricing for those Tiers where the Respondent is able and willing to provide pricing. For Sites/Tiers that the Respondent does not wish to provide pricing, the pricing sheet will show the words “No Bid” for that specific site and Tier. Section 00100 Page 2 of 9 December 2013 b) For some sites listed in the pricing sheet found in section 16791, certain tiers are grayed out. These specifically marked tiers are of no interest to the Owner, therefore the Respondent is not required to provide Tier 1 pricing for those sites. 5. PROPOSAL FORMAT AND ORGANIZATION a) Proposal submitted are for the provision of the equipment and the performance of the work detailed in Sections 16000 - 16791 of these specifications. b) Proposals will be organized and formatted in numbered sections as follows: i. The properly completed and executed Proposal Form following the outline provided in Section 00200 of this document. ii. The List of Proposed Subcontractors (if any) as provided in Section 00400 of this document. iii. Technical data for all major system components proposed to be furnished as part of the system. iv. A written narrative indicating how the services defined in Sections 16000 - 16791 will be provided. v. A written response identified by specification paragraph number for each and every exception taken by the Respondent to these specifications. The absence of a written response or of an exception to any paragraph will be construed by the Owner as an "Understood and Will Comply" response to that paragraph by the Respondent. vi. A block diagram and/or map of the proposed system showing the location of all transmission equipment sites. The amount of detail may vary depending on the particular technology offered to by the Respondent in their Proposal Response. vii. A reference list of similar public sector telecommunications projects completed by the Respondent. viii.Company financial statements indicating the financial well being of the Company. The Owner will adhere to and sign, if necessary, any required non-disclosure statements. c) Respondents will submit one (1) original and two (2) complete and identical copies of all material that is part of their Proposal in both printed and electronic formats. Failure to submit five (5) copies will be considered grounds for rejection of the response submittal. d) The original Proposal document will be submitted in a separate sealed envelope and will include the original signed Proposal form. This envelope will be clearly marked "Original Copy". The remaining two (2) copies will be submitted in an envelope marked "Copies". e) The Proposal will be assembled and bound by a suitable and convenient means which will insure that the material remains physically intact and in the correct order. Submittals will not be bound with paper clips or temporary methods or hardware. Section 00100 Page 3 of 9 December 2013 f) Prices submitted will include the supply of materials, labor, supervision, overhead and profit, warranties, bonds, permits, fees, maintenance, etc., and will represent the entire cost to the Owner for the complete and operational service. g) All prices will be typewritten or written in ink. All signatures will be written in ink. 6. PROPOSAL BOND a) A Respondent's Bid Bond is not required, however, the Owner reserves the right to reject any proposal where the Owner believes that the Respondent may not be able to complete the project and/or maintain the service. 7. RESPONSE LOCATION, DATE AND TIME Proposals will be delivered in a sealed envelope and in compliance with Paragraph 5 above. Envelopes will be clearly marked to indicate the name and address of the Respondent and must be labeled as follows: Proposal for Pioneerland Library System – 2014 RFP "Proposal Due Date" "Respondent's Name" (Company) Proposals will be addressed as follows: Pioneerland Library System Main Offices 410 5th St SW Willmar, MN 56201 Attn: Beth Lunn a) Proposals must be received at the designated location no later than: 1:00 PM Local Time, January 17, 2014 b) The location, date, and time set forth in herein is the official and correct location, date and time after which proposals will no longer be received or considered. This location, date and/or time will be changed or modified only by written addendum. c) Proposal Response documents will be physically present at the location specified above on or before the specified date and time, regardless of the method of delivery. d) There will be no public opening of Proposals on the due date. Proposals will be opened, reviewed and evaluated internally by PLS. Proposals will not be available for inspection during the evaluation period. e) Submitted Proposals will be available for review by appointment only, and only after a Final Contract is signed, or after all submitted proposals are rejected. Section 00100 Page 4 of 9 December 2013 8. WITHDRAWAL OF PROPOSALS a) A Respondent may withdraw a submitted Proposal at any time prior the Proposal Due Date. This will be accomplished only by written request, signed in the same manner and by the same person or persons who signed the submitted Proposal. b) Proposals may not be withdrawn for a period of 90 days following the Proposal Due Date. 9. SIGNING OF PROPOSALS a) Proposals will be signed in ink and all information requested on the Proposal Form and found in Paragraph 7 of this Section will be furnished. b) Unless a division or subsidiary of a parent corporation is a separate corporate entity with independent corporate powers of contracting, a Proposal will be made in the name of its parent corporation; and if the contract is awarded, the parent corporation will be the party contractually responsible to the Owner. i. Where the Proposal is submitted by a division or subsidiary or any lesser entity than a corporation, it will be accompanied by a current certified copy of the action by the parent corporation authorizing such division or subsidiary to submit a Proposal and contract in behalf of such parent corporation. When the subsidiary or division has no separate corporate contracting power, the name of the parent corporation will be shown on the Proposal and the contract. c) If a Proposal is signed for a joint venture group, signature and contractor's name and address requirements pertaining to the above-mentioned enterprises will pertain, as applicable to each entity, firm or business represented. d) An officer of a corporation, a member of a partnership, or the person or persons signing for a joint venture or any other contract will place his signature and title after the word "by" under the name of the Contractor. 10. DURATION OF PROPOSAL PRICES a) The costs submitted by the Respondent will remain in effect and valid for a minimum of ninety (90) days after the response deadline date or until a Contract is executed. 11. CLARIFICATION OF DOCUMENTS AND DRAWINGS a) Should any Respondent find discrepancies in any documents related to this project, or should there be doubt as to their meaning, the Respondent will promptly notify the Owner with a written request for a clarification thereof at least five (5) working days prior to the Proposal Due Date. The Owner will respond with written corrections, instructions or interpretations in the form of addenda to all Respondents. Requests for clarification later than five (5) days prior to the due date will be rejected. Electronic mail, fax, and delivered typewritten requests are acceptable. Section 00100 Page 5 of 9 December 2013 b) Any interpretation, explanation, expansion, or modification of the specification will be made only by an addendum duly executed and issued, and a copy of such addendum will be sent via electronic mail to Respondents and posted online at the addresses listed in section 00020 no later than three (3) working days prior to the Proposal Due Date. c) No oral or telephonic clarifications or modifications of Proposal Documents will be provided. The Owner will be not responsible for any informal oral instructions or interpretations given by the Owners staff or representatives. d) Each Respondent must acknowledge receipt of each Addendum as part of the Proposal Response – See Section 00200. e) It will be the Respondent's responsibility to make inquiry as to Addenda issued and all Respondents will be bound by such Addenda, whether or not received or acknowledged by the Respondents. 12. PROJECT FAMILIARITY a) Each Respondent will be presumed to be thoroughly familiar with the specifications, drawings, general, supplementary and special conditions, and all of the terms, directions and conditions of the contract documents whether contained herein or included as a part of the specifications. b) All Respondents are allowed to visit the sites of the work and to inform themselves as to the existing conditions. Site visits will be by appointment only and coordinated with the Owner. Failure to do so will in no way relieve the successful Respondent from performing all work required for completion of the contract in accordance with the specifications and contract terms. c) Any verbal information gathered by the Respondent from local library personnel or the Owners representatives during site visits will not be considered part of the project unless specifically referenced within an issued Addendum. Respondents will direct any and all questions related to the sites to the Owner in written form. d) Submission of a Proposal will be conclusive evidence that the Respondent has visited the sites as deemed necessary by the Respondent, has been informed of, and is satisfied, as to the conditions to be encountered in performing the work, and as to the requirements of the specifications, related documents (if any) and including all issued Addenda. e) No allowance will be made for the failure of a Respondent to estimate correctly the costs or any difficulties attending performance of the Contract. f) The Respondent is expected to base his or her Proposal on materials and equipment complying fully with the specifications. g) These specifications are considered minimum and are derived from the knowledge and experience of the Director at the time of preparation. The stated specifications in no way alter the Respondent's responsibility to provide complete and satisfactory equipment and Section 00100 Page 6 of 9 December 2013 services for all systems described in the Proposal, nor his assurance for interfaces to all other systems supplied by other Respondents. h) Successful Respondents will be required to coordinate and integrate their respective work and equipment with all other Contractors associated with this project. 13. DISQUALIFICATION OF RESPONDENTS a) The Owner reserves the right to reject any or all Proposals, or any part of any Proposal, or to advertise for new Proposals on the same project, which may include portions of the project originally submitted if such action is considered to be in the best interest of the Owner. b) Any of the following reasons can, at the discretion of the Owner, be considered sufficient cause for disqualification of any Respondent and the rejection of his or her Proposal. i. More than one Proposal for the same work from the same corporation or partnership submitted under the same or different name. ii. Evidence of collusion among Respondents. iii. Questionable or unacceptable financial condition of the Respondent. iv. The non-acceptability of equipment proposed for this service. v. The lack of qualification or inexperience or previously established record of poor performance by the Respondent, a Subcontractor, or the equipment manufacturer. vi. The inability of the Respondent to provide maintenance services within a reasonable time and/or at reasonable expense for the full term of the contract. vii. Other legally justifiable reasons 14. EVALUATION OF PROPOSALS a) Proposal responses for this project which are ruled compliant with all requirements of these specifications will be evaluated and assigned points based on the following criteria: i. Recurring and non-recurring costs submitted by the Respondent including Federal ERATE and State RLTA eligibility of proposed solution. ii. Compliance with the specifications and subsequent addenda (if any). iii. The Respondents ability to provide services to all sites listed in Section 16790. iv. The technical merit of the proposed system including reliability, expandability, and overall architecture. v. Completeness of the Proposal response. Section 00100 Page 7 of 9 December 2013 vi. A correctly executed Proposal form including all appropriate information and signature(s). vii. A properly executed Proposed Subcontractor form and the subsequent acceptability of all proposed subcontractors to the Project Director. viii.All appropriate technical literature and data for equipment proposed for the project. ix. A written narrative or description of the system design. x. A system block diagram/map with all of the proposed system. xi. A list of similar public sector telecommunications education projects completed by the Respondent. xii. The technical qualifications and certifications (if applicable) of the Respondents design, support and installation staff for the proposed solution(s). xiii.The Respondent's financial condition. 15. AWARD OF CONTRACT a) The Contract will be awarded to the Respondent who best satisfies the requirements listed herein, provided that the proposed service and method of transmission is in the best interest of the Owner. Proposals will be evaluated using a point scoring system that will assign points to a Proposal based on the criteria found in Paragraph 14 of this section. The Respondent with the highest scoring Proposal will be awarded the Contract. b) The Owner will be the sole judge of the Respondent's qualifications and capabilities, the assignment of points to the submitted Proposal Response, and as to whether acceptance of the Proposal is in the best interest of the Owner. c) The Owner reserves the right to waive minor defects, technicalities, or informalities found in the Proposal Responses as it may deem best for its interests and allowed by state and federal laws. 16. ADDITIONAL INFORMATION a) The Respondent is required to provide the following information as part of the Proposal: i. The recent financial statement of an independent auditor clearly showing the financial condition, assets, obligations, and resources. This information verifies that the Respondent will be able to successfully complete the work without becoming financially impaired, and will have the ability to extend the required maintenance services for the entire term of the contract. b) This contract is contingent upon Respondent compliance with provisions contained herein. All of the capabilities stated by the Respondent in response to the Request for Proposals must be demonstrated prior to the award and/or execution of a contract. Section 00100 Page 8 of 9 December 2013 c) Consideration will be given only to those companies which respond to all requirements as set forth herein. d) The Respondent is encouraged to include in their Proposal information related to any services that they may be able to offer the Owner that are not specifically called for in these specifications. 17. EQUIPMENT a) Selection of equipment manufacturer to implement the specified services is left to the discretion of the Respondent. b) The Owner requires that the Proposal include the current published technical data on the proposed equipment. c) Equipment included in the Proposal Response will be new as defined in Paragraph 1 of sections 16711 and 16712 of these specifications. d) The Owner, acting through the Director, reserves the sole right to determine the acceptability of any equipment proposed for this project. 18. COMPLETION OF CONSTRUCTION a) The Owner intends and expects to have a fully functional system, described herein, by no later than: June 24, 2014 b) This above stated date is the official and correct date for completion of construction and supersedes any and all other dates which may be indicated herein or elsewhere as of publication of these specifications.. This date will be changed or modified only by the Owner via written addendum dated after December 5, 2013. c) The Respondent is requested to include in their written narrative of their Proposal Response any and all anticipated difficulties which might prevent timely completion of the project. End of Section 00100 Section 00100 Page 9 of 9 December 2013 SECTION 00200 PROPOSAL RESPONSE FORM _____________________________________, 2014 To the Governance Board of: Pioneerland Library System (I/we) do hereby declare that (I am/we are) the only firm or corporation interested in this proposal, and that no other person, firm or corporation than the one herein named has any interest herein or in the contract proposed to be taken; and that it is made without any connection with any person, firm or corporation making proposal for the same work, and that it is in all respects fair as to each item proposed and as to the proposal as a whole, and without collusion or fraud; also that no officer or employee of any of the participating institutions, who is by law excluded from participating therein, is directly or indirectly interested herein, or in the furnishing of the supplies, or doing the work to which it relates, or in furnishing surety, or in any portion of the profits thereof; With the understanding that any contract resulting from the proposals taken herein will be governed, construed an enforced according to the laws of the State of Minnesota. All actions whether sounding in contract or in tort, relating to the validity, construction, interpretation and enforcement of this contract will be instituted and litigated in the courts of the State of Minnesota and in no other. In accordance herewith the parties to this proposal submit to the jurisdiction of the courts of the State of Minnesota; And do declare that (I/we) have carefully examined the project specifications and addenda (if any), and hereby propose to furnish the following items, and do the following work for the sum hereinafter set forth, that is; SCHEDULE OF PRICES The Respondent will provide all pricing on the schedule included in Section 16791. This schedule will be submitted with this signed Proposal Response Form. Section 00200 Page 1 of 5 December 2013 SERVICE If the service agency providing the regular service or maintenance contract work is other than the Respondent, complete the following (list multiple service agencies if necessary): Service Agency 1: Company Name ____________________________________________ Address ____________________________________________ ____________________________________________ Contact Person ____________________________________________ Telephone Number ____________________________________________ Service Agency 2: Company Name ____________________________________________ Address ____________________________________________ ____________________________________________ Contact Person ____________________________________________ Telephone Number ____________________________________________ Service Agency 3: Company Name ____________________________________________ Address ____________________________________________ ____________________________________________ Contact Person ____________________________________________ Telephone Number ____________________________________________ Section 00200 Page 2 of 5 December 2013 ACKNOWLEDGMENT OF RECEIPT OF ADDENDA No Addenda Received _____________ _____________ Date By (Initials) _____________ _____________ Date Received By (Initials) _____________ _____________ Date Received By (Initials) _____________ _____________ Date Received By (Initials) _____________ _____________ Date Received By (Initials) _____________ _____________ Date Received By (Initials) _____________ _____________ Date Received By (Initials) _____________ _____________ Date Received By (Initials) _____________ _____________ Date Received By (Initials) _____________ _____________ Date Received By (Initials) _____________ _____________ Date Received By (Initials) Or Addendum No. 1 Addendum No. 2 Addendum No. 3 Addendum No. 4 Addendum No. 5 Addendum No. 6 Addendum No. 7 Addendum No. 8 Addendum No. 9 Addendum No. 10 Section 00200 Page 3 of 5 December 2013 If Respondent is a Corporation or LLC, the signature of an officer or individual authorized to make this commitment for the Respondent is required. If the Respondent is carrying on business under a firm name and is not incorporated or is a Partnership, the members of the firm must sign below the firm name, and their names be typed or clearly printed below the signature. ______________________________________________________________________________ Corporation , LLC or Partnership Name ______________________________________________________________________________ Street Address ______________________________________________________________________________ City, State & Zip Code ______________________________________________________________________________ President/CEO ______________________________________________________________________________ Authorized Signature ______________________________________________________________________________ Signatory (Printed or Typed) ______________________________ ______________________________ Title Telephone Number Section 00200 Page 4 of 5 December 2013 If Respondent is a partnership or a joint venture, complete the following (subcontractors are to be identified in Section 00400): _______________________________________________________________________________ Name of Joint Venture or Partnership (if any) The Respondent representing the partnership to the Owner will complete the preceding page. Partners are to be listed below: 1. _____________________________________________________________________ Partner Name _____________________________________________________________________ Street Address _____________________________________________________________________ City, State & Zip Code 2. _____________________________________________________________________ Name _____________________________________________________________________ Street Address _____________________________________________________________________ City, State & Zip Code 3. _____________________________________________________________________ Name _____________________________________________________________________ Street Address _____________________________________________________________________ City, State & Zip Code 4. _____________________________________________________________________ Name _____________________________________________________________________ Street Address _____________________________________________________________________ City, State & Zip Code 5. _____________________________________________________________________ Name _____________________________________________________________________ Street Address _____________________________________________________________________ City, State & Zip Code End of Section 00200 Section 00200 Page 5 of 5 December 2013 SECTION 00400 PROPOSED SUBCONTRACTORS The Respondent will state the names of all proposed Subcontractors to be employed in the execution of the specified work, and the work to be performed by that Subcontractor. This form will be included with the Bid Form as part of the bidder's response. If none, the Bidder will write "NONE": _______________________ 1. ______________________________________________________________________ Equipment or Services ______________________________________________________________________ Subcontractor Name ______________________________________________________________________ Street Address ______________________________________________________________________ City, State & Zip Code 2. _____________________________ ____________________________ Contact Person Telephone Number ______________________________________________________________________ Equipment or Services ______________________________________________________________________ Subcontractor Name ______________________________________________________________________ Street Address ______________________________________________________________________ City, State & Zip Code 3. _____________________________ ____________________________ Contact Person Telephone Number ______________________________________________________________________ Equipment or Services ______________________________________________________________________ Subcontractor Name ______________________________________________________________________ Street Address ______________________________________________________________________ City, State & Zip Code _____________________________ ____________________________ Contact Person Telephone Number Section 00400 Page 1 of 2 December 2013 4. ______________________________________________________________________ Equipment or Services ______________________________________________________________________ Subcontractor Name ______________________________________________________________________ Street Address ______________________________________________________________________ City, State & Zip Code 5. _____________________________ ____________________________ Contact Person Telephone Number ______________________________________________________________________ Equipment or Services ______________________________________________________________________ Subcontractor Name ______________________________________________________________________ Street Address ______________________________________________________________________ City, State & Zip Code 6. _____________________________ ____________________________ Contact Person Telephone Number ______________________________________________________________________ Equipment or Services ______________________________________________________________________ Subcontractor Name ______________________________________________________________________ Street Address ______________________________________________________________________ City, State & Zip Code _____________________________ ____________________________ Contact Person Telephone Number The signature below certifies that the above list of Subcontractors is submitted with full knowledge and consent of those respective parties. _______________________________________________________________ Respondent _______________________________________________________________ Respondent (Signature) _______________________________________________________________ Title End of Section 00400 Section 00400 Page 2 of 2 December 2013 SECTION 00500 CONTRACT FORM 1. CONTRACT FOR SERVICE a) Following award of Contract, any contract form submitted to the Owner by the Contractor or the Contractor's financial agent is subject to review, comment, and modification by the Owner and the Owner's legal counsel. Any contract form to be executed between Owner and the Contractor must be fully accepted by the Owner's governing board and the Owner's legal counsel. b) Any contract form will clearly state the services to be provided and will include Sections 16700 - 16791 of these specifications and all related addenda as attachments. c) The Contract will provide for a total term of three (3) years of leased service with two (2) optional one-year extensions. d) The Contract will allow the addition and deletion of sites from the contract. The following protocols will be followed for the addition or deletion of sites. i. Additions: At the request of the Owner, the Contractor will provide contract pricing to add additional sites. The site added will be for a term that is coterminous with the existing contract and will terminate and be eligible for contract extensions in the same manner as the sites originally part of the contract. There will be no limit on the number of sites that can be added to the contract. The Owner is not obligated to accept the pricing submitted for the addition of new sites. ii. Deletions: At the request of the Owner, the Contractor will delete from the contract any site as requested within 30 days of the date of the request. In this event, all Contractor customer premise equipment (CPE) will be removed from the deleted site and circuits will be terminated at no cost to the Owner. The costs associated with the deleted site will be removed from the monthly billing to the Owner. The Owner may delete no more than 10% of the total sites. iii. In the event that the total amount of regional transport bandwidth provided at the commencement of the Contract is reduced by more than 20% as a result site deletions or reduction in service levels from the Contract, the Contractor will have the opportunity to adjust pricing for the remaining regional sites and services. The Owner is not obligated to accept the pricing adjustments and reserves the right to negotiate with the Contractor in the Owners best interest. End of Section 00500 Section 00500 Page 1 of 1 December 2013 SECTION 16010 GENERAL CONDITIONS 1 INTRODUCTION a) When the word "Contract" appears herein, it will mean all of the following parts, together with all authorized modifications thereof: Request for Proposals Contract Agreement Special Instructions to Respondents Instructions to Respondents Proposed Sub–Contractor's Form General Conditions of the Contract Technical Specifications Drawings, Supplemental Drawings and Schedules Addenda, If Any Respondent's Proposal including signatures 2 3 b) The contract documents are complementary and what is called for by one will be as binding as if called for by all. c) This specification sets forth conditions and requirements which apply to the supply, delivery, installation and ongoing maintenance to PLS with the intent of providing internet access to PLS sites as listed in Section 16790. EXECUTION a) The successful Respondent will provide to the Owner no later than February 3, 2014, a written Contract and furnish proof of satisfactory insurance in the amounts and in the manner specified in the Contract Documents or Addenda thereto. b) If return of the executed Contract within the specified time is impossible due to the absence of one or more of the required signers, an extension of time may be granted by the Owner, provided satisfactory and timely evidence is furnished by the successful Respondent. SUBCONTRACTOR'S INSURANCE a) The Contractor will not commence work under this Contract until he has obtained all insurance required under this paragraph and such insurance has been approved by PLS. Section 16010 Page 1 of 11 December 2013 b) The Contractor will not permit any Subcontractor to commence work on his or her Subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. c) The Contractor will take out and maintain during the life of this Contract, Worker's Compensation Insurance for all of his or her employees employed at the site of the project and, in case any work is sublet, the Contractor will require the Subcontractors similarly to provide Worker's Compensation Insurance for all the latter's employees. d) In case any class of employees engaged in hazardous work under this Contract at the site of the project is not protected under Worker's Compensation Statute, the Contractor will provide, and will cause each Subcontractor to provide, adequate insurance for the protection of his or her employees not otherwise protected. e) The Contractor will take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as will protect him and any Subcontractors performing work covered by the Contract and PLS and its agents and employees from any claims of any nature, whether meritorious or otherwise, including claims for damages for personal injury, including errors and omissions, violations of data privacy laws, vendor disclaimers and accidental death, as well as from claims for property damages which may arise from operations under this contract, whether such operations be by himself or by a Subcontractor or by anyone directly or indirectly employed by either of them, and the amounts of such insurance will be no less than $500,000 per incident on bodily injury and property damage combined and $1,000,000 per incident for excess liability. The Contractor further agrees to name the PLS as additional insured on the general comprehensive liability and property damage liability insurance policies and to provide PLS with Certificates of said insurance. f) The Contractor will carry Workers Compensation Insurance in amounts and form which complies with all state and federal requirements. g) In the case that any or all of the Contractor's work is sublet, the Contractor will require the Subcontractor to procure and maintain all insurance required of the Contractor as set forth herein. h) The insurance required herein will provide adequate protection for the Contractor and its Subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. i) The preceding paragraph requires the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage policy for rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by the contractor. Section 16010 Page 2 of 11 December 2013 j) 4 TIME REQUIREMENTS a) 5 8 The Respondent to whom the Contract is awarded will furnish the Owner with a project schedule with major milestones clearly identified. This schedule must be furnished within ten (10) days after receipt of Notice of Award. EXTENSION OF TIME a) 7 The successful Respondent will commence the work immediately following execution of the written contract, and will execute said work so as to complete the entire construction, testing, and acceptance portions of the project by the completion date set forth in Section 00050. SCHEDULE OF CONSTRUCTION a) 6 The Contractor and/or Subcontractor will furnish to PLS, prior to beginning the work, the policy as specified herein and satisfactory proof of coverage of all the insurance required by this contract. The Contractor agrees that said insurance policies are not cancelable until the documents have been supplied to the PLS with policies to replace those being canceled. The canceling and/or replacing company will be responsible for all work completed prior to the cancellation of the policies. The Contractor agrees to notify PLS at least twenty (20) days prior to cancellation or a change in any of the aforementioned insurance policies by the insurance company or the Contractor. The Owner will, at the Owners sole discretion, grant extensions of time when delays occur due to events which are beyond the reasonable control of the Contractor. All Contractor requests and claims for extensions of time must be filed in writing with the Owner promptly at the time that the cause for delay is recognized. CORRELATION AND INTENT OF THE DOCUMENTS a) The intention of the project documents is to include the complete description of all labor and materials necessary to the proper execution of the Contract. b) It is not intended that materials or work not covered by or properly inferable from any heading, branch, class or trade of the specifications will be supplied, unless distinctly so noted in the Request for Proposals. c) Materials or work described in words which, so applied, have a well known technical or trade meaning will be held to refer to such recognized standards. DRAWINGS AND INSTRUCTIONS a) The Owner will furnish with reasonable promptness, additional instructions by means of drawings or otherwise, necessary for the proper execution of the Contract. Section 16010 Page 3 of 11 December 2013 9 b) All such drawings and instructions will be consistent with the Contract documents, true developments thereof, and reasonably inferable there from. c) Work will be executed in conformity therewith, and the Contractor will do no work without the proper drawings and instructions. In giving such additional instructions, the Owner will be authorized to make minor changes in the work, not involving extra cost and not inconsistent with the purposes of the work. d) The Contractor will keep one copy of the specifications for this Project in good order and available to the Owner and his representatives. e) It is the intention of these specifications to provide for this procurement in a complete and thorough manner. The Contractor to whom the Contract is awarded will furnish all materials, and all labor necessary to complete the project in accordance with these specifications, and the Contractor will be entitled to no extra compensation for work done not specifically mentioned herein unless extra work has been ordered in writing by the Owner. OWNER'S DECISIONS a) The Owner will in all cases determine the quality, acceptability and fitness of the work and materials which are to be paid for hereunder, and will decide all questions which may arise as to the fulfillment of this Contract on the part of the Contractor. b) The Owner’s interpretation of the Contract and his determination and decision thereon will be final and conclusive; and such determination and decision, in case any question arises, will be a condition precedent to the right of the Contractor to receive any money hereunder. c) The Owner will have the right to correct, in writing, any clerical, mathematical or minor errors or omissions in the specifications when such corrections are necessary for the proper fulfillment of their intention. 10 CONTRACT MANAGEMENT a) The Contractor will appoint a Project Manager who will be responsible for the progress and quality of all work to be performed, and will be available for discussion of any contract issues, when requested by the Owner. b) The Owner will deliver all official documents addressed to the Contractor to the Project Manager. The Project Manager will be assigned at the time of contract award by the Contractor. The name, address and telephone number of the person to be designated Project Manager will be included with the Contract. 11 PRECEDENCE OF DOCUMENTS a) The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are Section 16010 Page 4 of 11 December 2013 complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. 12 INTERPRETATIONS AND CHANGE ORDERS a) No oral interpretation will be made to any Respondent as to the meaning of any of the Contract documents, or to modify any of the provisions of the Contract documents. Every request for an interpretation will be made in writing and addressed and forwarded to the Owner. The Owner will not be responsible for any other explanation or interpretation of the plans and specifications. b) Conditions which require a major change or variation from the original plans will be approved only by a Change Order issued by the Owner. Such variations will fall within the original scope of the Project and will adhere to all State of Minnesota competitive bidding laws and statutes. c) The change order will set forth in complete detail the nature of the change and, if necessary, the reasons therefore. d) The change in compensation to the Contractor, whether it is an addition or a reduction with respect to the original contract costs, will be described in detail. e) Should additional or supplemental drawings be required, they will be furnished by the Owner. 13 SUBMISSION OF INVOICES FOR SERVICES a) The Contractor will submit to the Owner all invoices and requests for payment for equipment and services in a timely manner, and only after all equipment and services to be provided is in place and certified fully operational. 14 PAYMENTS a) The Contractor is required to submit a proposed payment schedule for equipment and services which are purchased. b) Payments on contracts and payments for services will be made only upon delivery and installation of all equipment and services included as part of the contract or agreement. c) Owner will make payment to the Contractor for equipment and services provided by the Contractor according to the mutually agreed upon schedule. Equipment and services will not be paid for prior to delivery. d) Certification for payment will be made by the Owner of the delivery and installation of said equipment or services. Section 16010 Page 5 of 11 December 2013 e) No such payments will be held to constitute an acceptance, in whole or in part, of materials furnished or work completed, by the Owner prior to making final acceptance and final payment after full completion of the Contract. f) The Owner will make arrangements such that the formal acceptance procedures as described herein will commence within three (3) working days of notification from the Contractor that the system is ready for acceptance. g) Final payment for non-recurring costs will not be made until the system is proven functional at 99% or better for a minimum of thirty (30) days. 15 CERTIFICATE OF COMPLETION AND ACCEPTANCE a) Within thirty working days after all the equipment has been installed and has been fully operational in its final system configuration and has met the acceptance criteria detailed in each respective subsection, and when in the opinion of the Owner, the construction required for this contract will have been fully and completely performed on the part of the Contractor, the Owner will submit a Letter of Acceptance. 16 RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE APPLICATION THEREOF a) If evidence is produced before the final settlement of all or any balances that the Contractor has failed to pay laborers employed in his work or failed to pay for materials used therein, or if the Owner has reason to suspect the same, the Owner may, after notifying the Contractor and providing two weeks for the Contractor to respond to the Owner, withhold such balances and upon evidence satisfactory to the Owner as to the amount due for such labor and materials, the Owner acting as the agent of the Contractor may settle and pay for the same and charge the amounts to the Contractor and deduct the same from the said balance or balances. b) No payment to laborers or materials suppliers will be made by the Owner acting for the Contractor, unless and until the Contractor has been notified of such pending payments and has had two weeks to respond to the Owner as to the veracity of such claims. 17 ASSIGNMENT a) The Contractor will not assign this contract, or any part hereof, or any moneys due or to become due hereunder, without the written approval of the Owner. 18 SUBCONTRACTING a) No part of this Contract will be sublet without the full and prior written approval of the Owner. b) If the Contractor will sublet any part of this contract, the contractor will be as fully responsible to the Owner for the acts and omissions of the Subcontractor and of the persons either directly or indirectly employed by his Subcontractor as he is for the acts and omissions of persons employed by himself. Section 16010 Page 6 of 11 December 2013 c) Contractors intending to subcontract portions of the work included in this project will provide all information required in Section 00400 of this specification. d) The Contractor will obtain from each Subcontractors all of the required insurance forms and certificates and submit them to the Owner with the signed Contract. e) The Contractor will cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all Subcontractors to the Contractor by all the terms herein set forth, insofar as applicable to the work of Subcontractors and to give Contractor the same power regarding termination of any subcontract as the Owner may exercise over Contractor under provisions of this contract. f) Nothing contained in this contract will create any contractual relations between Subcontractor and the Owner or between any Subcontractors. 19 NOTICE AND SERVICE THEREOF a) Any notice to any Contractor from the Owner relative to any part of this contract will be considered delivered and the service thereof completed when said notice is delivered to the Contractor's Project Manager. 20 TITLE FOR EQUIPMENT a) Title for all parts of the system which are leased for the term of the Contract or part of a service contract will remain with the Contractor and will in no way be transferred to PLS. 21 CONTRACTOR'S LIABILITY a) The Contractor will be required by his contract to defend, indemnify, and hold the Owner harmless from all claims of damages, from any and all causes during the contract, and until all work has been accepted by the Owner, and he will pay all losses, damages or claims recovered that the Owner may be liable for, and save the Owner harmless in all things, from any accident or casualty, damages, losses or claims which may happen or arise out of or related to proponent's performance under this contract. 22 PATENTS a) The Contractor will hold and save the Owner, its officers, agents, engineers, and employees harmless from liability of any nature of any kind, including cost and expenses for or on account of any patented or non-patented invention, article, or appliance manufactured or used in the work as will satisfy the Owner's requirements. 23 LOCAL LAWS a) The Contractor will abide by and observe all laws, local ordinances and regulations relating to the work to be done, and the use of public streets, alleys and highways. The Contractor will secure all permits and pay all license fees required by law before beginning the work. Section 16010 Page 7 of 11 December 2013 b) Contractor personnel or related subcontractors will not, at any time, smoke, chew, or otherwise ingest tobacco or a tobacco product while within the property boundaries of a public library. 24 STATE LAWS a) Any contract resulting from the proposals taken herein will be governed, construed and enforced according to the laws of State of Minnesota. b) All actions, whether sounding in contract or in tort, relating to the validity, construction, interpretation and enforcement of the contract will be instituted in the courts of the State of Minnesota located in the appropriate county of Minnesota. c) In accordance herewith the parties to this Contract submit to the jurisdiction of the courts of the State of Minnesota, located in the appropriate county of Minnesota. 25 SUSPENSION OF WORK a) The Owner will have the right to suspend the work, or any part of it, for noncompliance or refusal to carry out the specifications, under a fair and reasonable interpretation of the specifications by the Owner. 26 INSPECTION a) The Owner and the Owners designated representatives will have the right to inspect all work materials, payrolls, records of personnel, invoices of materials and other relevant data and records pertinent to and related to this contract during the life of the contract. 27 INJURY TO WORK a) All losses due to damage or injury to the work resulting from the negligence of the Contractor will be borne by the Contractor until completion of the Contract and acceptance of the work by the Owner, and no work will be accepted until damage or injury is completely remedied in accordance with the specifications herein. 28 REJECTION OF EQUIPMENT AND WORK a) The duty of rejecting defective equipment will evolve equally upon the Contractor and Owner. b) Defective equipment or work may be condemned at any time before the final acceptance of the installation, and such defective equipment or work will be remedied immediately to the satisfaction of the Owner. c) When defective equipment has been condemned it will be at once removed from the project and be stored or otherwise disposed of by the Contractor in a manner acceptable to the Owner. Section 16010 Page 8 of 11 December 2013 29 CLEANUP a) As construction and installation occurs at each site listed in section 16790, the Contractor will clean up the premises, removing any trash, litter, or sweepings due to the performance of their contract. 30 EXTRA WORK a) No claims for extra work will be allowed unless same will have been previously ordered by the Owner in writing including specific costs and detailed description of the work and the reasons for it. Costs for the total of all extra work will not exceed ten percent (10%) of the total contract amount. b) In order to ascertain the cost or value of any change or extra work required under the above clause of the Contract, the Contractor will preserve and afford to the Owner every facility for the examination of bills, invoices, payrolls, vouchers, or other necessary and directly pertinent evidence for the verification of such costs.. 31 PERMITS AND FEES a) The Contractor will obtain and pay for all licenses, fees, and permits that are or may be required by local, state, or federal authority having jurisdiction for the completion of the work specified herein. 32 ELECTRICAL WORK a) Any and all line voltage electrical work (110 volts and higher) will require the services of a licensed electrical wireman and will be performed by a journeyman electrician properly licensed by the State of Minnesota. b) Any and all low-voltage electrical work performed by the Contractor will require the services of a Power Limited Technician that is properly licensed by the State of Minnesota. 33 ENGINEERING a) Any and all engineering work and services, whether electrical, mechanical, civil, structural, or other, which requires the services of a registered engineer will be performed by an engineer properly licensed by the State of Minnesota. b) All engineering services will be acquired by the Contractor and the cost included in their proposal. 34 SAFETY a) The Contractor will determine that all safety issues and concerns are addressed with respect to the protection of personnel and property. Outside plant cable shields will be grounded to maintain induced at a safe level. When applicable, equipment racks will be Section 16010 Page 9 of 11 December 2013 grounded using methods acceptable to the National Electrical Code and OSHA recommended practices. All equipment will be securely mounted to the building structure or otherwise attached to protect personnel from falling objects. b) Precaution will be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes will be observed. Machinery, equipment and other hazards will be guarded or eliminated in accordance with the safety provisions of the Manual of Accident Prevention in Construction published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of state or local laws and ordinances. 35 INSPECTIONS a) The Contractor will, when required by law or ordinance, request and coordinate all inspections of equipment and work by the appropriate inspection authority. All inspection fees will be paid by the contractor. 36 REPORTING OF EQUIPMENT START-UP DATES a) The Contractor will report the equipment start-up dates to the Owner. b) These reports will be submitted in writing and will be used to determine that the equipment has fulfilled the requirements of the specification with regard to number of days operating without a failure. 37 TERMINATION FOR BREACH a) Reasons for Termination of Contract for breach will be those set forth in the Contract. If no contractual provision is made, the following will apply: b) In the event that any of the provisions of this Contract are violated by the Contractor or by any of his Subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate such contract; such notices to contain the reasons for such intention to terminate the contract, and unless within ten (10) days after the service of such notice upon the Contractor, such violation or delay will cease and satisfactory arrangement for correction be made, the Contract will, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Owner will immediately serve notice thereof upon the Surety and the Contractor, and the Surety will have the right to take over and perform the Contract, provided, however, that if the Surety does not commence performance immediately following his notice of termination, the Owner may take over the work and prosecute the same to completion at the expense of the Contractor, and the Contractor and his Surety will be liable to the Owner for any excess cost to complete the system or subsystem to a capability not exceeding that originally required by the contract, and in such event the Owner may take possession of and utilize in completing the work, such materials as have been delivered to the work site for installation. Section 16010 Page 10 of 11 December 2013 c) The foregoing provisions are in addition to, and not in limitation of, the rights of the Owner under any other provisions of the contract, Owner, ordinances, and state and federal laws. Section 16010 End of Section 16010 Page 11 of 11 December 2013 SECTION 16700 SCOPE OF WORK 1. GENERAL a) The Owner intends to evaluate suitable options to provide a private data network to serve its sites as listed in Section 16790. This infrastructure may consist of any modern transmission technology and terminal equipment between physical sites. b) This Section applies to TCP/IP Version 4 data transport equipment, installation and maintenance. c) The Contractor will propose a wide area network infrastructure with the the following characteristics: i. The infrastructure called for in these specifications must by private in nature, meaning that all PLS sites will share a common logical infrastructure and that PLS sites will not share network bandwidth capacities with or be exposed to any non-PLS customers that the Contractor may also do business with. ii. Leased CPE (“Customer Premise Equipment) will be provided by the Contractor and terminate the Contractors transport facilities. This CPE will provide a minimum of one (1) 10/100 Ethernet LAN port for connection to the local area network. iii. Publicly routable IPV4 addressing per site as follows: Site Willmar Public Library /PLS All other sites Minimum IP Addresses Subnet 5 IP addresses /29 1 IP address /30 iv. All sites will share a common connection to the Internet. v. All site CPE's, facilities, and shared internet service will have a centralized web enabled portal with which the Owner can view usage statistics in graphical format. The time frame of the usage statistics will be customizable within the past 30 days. d) The Owner will consider the following transport technologies. i. Switched Ethernet over fiber ii. Traditional business-class broadband technologies (xDSL) iii. Digital leased lines such as DS1’s and DS3’s Section 16700 Page 1 of 6 December 2013 iv. Wireless technologies v. ATM/SONET vi. Combinations of the above will be acceptable e) Dark unmanaged fiber optic transport facilities requiring Owner supplied optics is not acceptable. f) The Owner reserves the right to select the specific technology which it deems will best serve the project, regardless of the costs submitted in any bids received. 2. OWNERS EXISTING SYSTEM a) The Owner’s existing private data infrastructure has the following characteristics: i. Existing sites have the following characteristics: Site Willmar Public Library /PLS All other sites Bandwidth 20Mb/s Fiber Ethernet 1.5Mb/s DS1 Router Cisco 3400 Cisco 1841 ii. All existing data facilities and Customer Premise Equipment (“CPE”) is owned by the current service provider and will not be available for use by the Contractor. iii. Each site has a secure location available for CPE and available twisted copper (CAT5) cable from each sites demarcation point to the location of the CPE, both of which may be used by the Contractor. iv. Each site currently utilizes private IPv4 network addressing on the local area network based on the 10.2.0.0/16 structure. The Owner will continue to use this internal IP addressing. 3. GENERAL SYSTEM REQUIREMENTS a) These specifications describe equipment and installation work which together comprise a complete and operational wide area network system to interconnect each of the sites identified in Section 16790 to one or more centralized hub sites. b) The complete system will include all required transmitters, receivers, repeaters, auxiliary and miscellaneous system hardware, data switches and routers, all auxiliary and miscellaneous equipment, equipment racks, data, wire and cable, miscellaneous hardware, etc. c) All sites listed in Section 16790 will be connected to a common logical network. All sites must be accessible between themselves without the need to leave the PLS PDN. Section 16700 Page 2 of 6 December 2013 d) Terminal equipment for all active sites will be placed and installed on the premises of the site being served by that equipment. The exact location of the active site terminal equipment will be identified and that information provided to the Contractor prior to execution of the contract. All sites have existing twisted pair cabling (CAT5) from the local building demarcation point to the location of the CPE. e) Contractor WILL NOT be required to provide the following: i. IP address configuration of internal site computers and hosts ii. End-user email systems, SMTP relay hosts, or web hosting services iii. Configuration of existing Internet firewall security, content filtering, or user authentication systems iv. Configuration of any firewalls, proxy servers, or other site-owned gateway devices f) The preceding paragraphs and associated schedules identify the locations or sites to be connected, and describe the minimum capacity for the system. The exact physical configuration of the network and the specific transmission facilities will be selected and engineered by the Respondent so as to maximize the economic and technical benefits to the project. 4. SYSTEM RESPONSIBILITY a) It is the responsibility of the Contractor to provide a complete and working system or systems that will operate continuously in a satisfactory and reliable manner. b) It is the responsibility of the Respondent to verify that the proposed system design will function in the manner specified herein. c) The Respondent will immediately report in writing to the Owner any concern or question as to their ability to meet the requirements of this specification. d) All incidental items normally required for the installation and operation of the system and the equipment specified, even if not specifically mentioned herein or shown on drawings, will be supplied by the Contractor without claim for additional payment. e) The Contractor will be responsible for adjusting the physical characteristics of the systems where necessary (optical power, attenuation, receiver sensitivity, etc) prior to completion of installation, and when applicable, for demonstrating the operation and maintenance procedures of the system to the Owner. f) The Contractor will be responsible for maintaining the system, and will have in their possession the requisite test equipment and expertise. Section 16700 Page 3 of 6 December 2013 5. DOCUMENTATION a) The Contractor will, prior to system acceptance, furnish to the Owner three (3) identical printed copies of all documentation which is required for the Owner's operation of the system. The same documentation will be provided in electronic format on a CD. b) Each copy will be assembled in a three ring binder or other suitable binder. 6. WARRANTY a) The Contractor will warrant all materials and workmanship supplied under this contract for the full term of same. If any defect or malfunction occurs prior to expiration of that period of time, the Contractor will determine the cause, remove, repair or replace the defective unit at his sole cost and expense. 7. MAINTENANCE a) See Section 16715 for complete details of required system support and maintenance. b) The Contractor will operate and support 24 hour by 7 day trouble reporting capability. See section 16715 for response time requirements. c) The Contractor will operate and maintain a trouble-ticket system in which requests for technical support are assigned a unique case number with which all communication and documentation related to the support request can be referenced. This trouble-ticket system will be accessible via the Internet by the Owner for the purpose of viewing and updating trouble-tickets. d) The Contractor will operate and maintain a performance monitoring system with the following characteristics: i. Web/Internet accessible by the Owner with username and password authentication ii. Average and peak utilization reporting with customizable time periods up to 60 days iii. Ability to query individual sites performance statistics iv. Ability to query shared/common Internet connection performance statistics v. Average and peak utilization reporting with customizable time periods up to 60 days e) Major service outages or failures will be repaired within four (4) hours after said outage or failure is reported. See Section 16715. f) Minor service and/or equipment problems will be repaired within twenty four (24) hours after said problem is reported. See Section 16715. Section 16700 Page 4 of 6 December 2013 g) The Contractor will provide all preventative (scheduled) and corrective (nonscheduled) maintenance of all equipment and facilities at no cost to the Owner. Any and all maintenance will be coordinated with the Owner. h) The Owner will be responsible for the cost of maintenance, repair, and replacement of installed and operational terminal equipment located on the Owner's premises which results from unauthorized adjustments (tampering), misuse and abuse. 8. ACCEPTANCE PROCEDURE a) Notice of Completion and Request for Acceptance i. When the system is complete and ready for inspection and demonstration, the Contractor will notify the Owner in writing requesting the system acceptance inspection. ii. The Contractor will certify in writing that no outstanding debts or other liens are on record against any equipment or facilities provided in fulfillment of the Contract, for work done or materials furnished by any person or persons, for or on behalf of the contractor, any subcontractor, or their employees. iii. This written certification must be signed by an officer of the Contractor's company. iv. The Owner will begin the process of acceptance inspections as soon as possible following receipt of Contractors notice of completion. b) Acceptance Inspection i. It will be the responsibility of the Contractor to create and submit to the Owner a punch list that is appropriate to the installed technology and will be used during the inspection and demonstration. The Owner will approve this punch list prior to inspection and demonstration. If the submitted punch list is incomplete or otherwise not acceptable to the Owner, the Contractor will revise and resubmit the punch list until it is found satisfactory by the Owner. ii. The Contractor will coordinate with the Owner to determine a suitable date and time within fourteen (14) days from the written request for system acceptance inspection (see 7.1a above). iii. Acceptance inspection will include the Contractor, Owner, and other representatives of the Owner as necessary. iv. If required, a punch list of items which are found to be missing, inoperable or unacceptable will be prepared by the Owner and submitted to the Contractor for remedy. v. These items will be completed to the satisfaction of the Director prior to final acceptance. Section 16700 Page 5 of 6 December 2013 c) System Demonstration i. When the system installation and initial testing is complete, and the system is acceptable for demonstration, the Contractor will so indicate in writing to the Owner. The Owner will establish a date and time for the system demonstration. The demonstration may occur simultaneously with the inspections. ii. The system demonstration will be conducted by the Contractor's personnel and will be presented to the Owner and other such persons as selected by the Owner. iii. The Contractor will demonstrate all system functions in a clear and concise manner, and will promptly answer the questions of Owner and the Owners representatives. d) Final Acceptance i. Upon final completion of the above tasks, and the satisfactory resolution of all punch list items, the Owner will issue a letter of final acceptance to the Contractor. ii. Final acceptance of the system is the responsibility of the Owner. All inspections will be conducted by the Owner, or his authorized representative, in the presence of the Contractor. iii. All demonstrations are to be conducted by the Contractor in the presence of the Owner. End of Section 16700 Section 16700 Page 6 of 6 December 2013 SECTION 16711 TRANSPORT FACILITIES 1 2 GENERAL REQUIREMENTS a) The equipment specified herein will, in all cases, meet or exceed the requirements of the Electronics Industries Association (EIA). b) Equipment required to provide facilities herein will be new and of the latest design presently in production by the manufacturer. The definition of “new” will include that equipment which is within the manufacturer’s current product line and has the latest software and firmware versions installed. The equipment will not be scheduled for discontinuation by the manufacturer for a period of no less than 12 months from the commencement of the Contract (July 1, 2014). c) This Section applies to transport facility equipment, installation and maintenance. TRANSPORT FACILITIES - GENERAL DESCRIPTION a) Transport facilities will terminate at the endpoints listed in Section 16790. b) All sites have existing twisted pair copper (CAT5) cabling from the demarcation point in the building to the location where CPE equipment is to be located. c) The Respondent will own the transport facilities that are being proposed, or will have legal and binding agreements with the owners of same transport facilities for the use and leasing out of said facilities for a period equal to or greater than the full term of the Contract resulting from Respondents successful proposal response. d) If the Respondent cannot comply with any one or more of the requirements set forth in these paragraphs, the Respondent will include with their proposal a clear, concise, and complete narrative stating the reason(s) why exception must be taken. The reasons may be economic, technical, etc. The Owner will make the final determination as to the acceptability of proposals which take exception to the requirements set forth herein. e) It is understood and expected that existing conditions may occasionally be the cause of a mutually agreed upon compromise of some of the requirements set forth herein. The Respondent is encouraged to advance all opportunities which will provide an acceptable system at the lowest possible cost. f) Transport facilities are not required to be the same for all sites. The Respondent should utilize transport facilities that best serve the site with regard to both overall performance, reliability, and cost. Acceptable transport technologies include: i. Section 16711 Switched Ethernet over fiber Page 1 of 3 December 2013 3 4 6 Traditional business-class broadband technologies (xDSL) iii. Digital leased lines such as DS1’s and DS3’s iv. Wireless technologies v. ATM/SONET g) Respondent is directed to include in Section 16791 the specific transport technology being proposed for each site. h) Information related to the availability of transport and/or bandwidth upgrade capabilities for each site that are not included in Section 16791 may also be included as supplemental information with the Proposal Response. Additional pricing options for any offering beyond the scope of Section 16791 will not be used in evaluating Proposal Responses. AC LINE POWER PROTECTION a) Where applicable, local-site AC power protection devices and uninterruptible power supplies will be provided by the Owner. b) The Contractor will provide AC power protection devices and uninterruptible power supplies for all equipment located at the hub sites(s). TERMINAL DEMARCATION PANELS a) 5 ii. If the Contractor installs new facilities into a site, new equipment/service demarcation panels will be included that create a suitable interface between the transport equipment and the customer equipment. INSTALLATION - TERMINAL EQUIPMENT a) All equipment termination panels will be labeled in a clear and legible manner. b) The Contractor will remove all packing material and excess material required for installation prior to completion of the project and otherwise restore the site to its original condition. c) The Owner will designate the exact location of equipment racks at each site at the earliest possible time after execution of the contract. EQUIPMENT RACK POWER AND GROUNDING a) Where necessary, the Owner's electrical contractor will provide the necessary electrical power to the equipment rack location, including all conduit, terminal cabinets, junction and outlet boxes as required. This work will be performed at the Owner's expense. Section 16711 Page 2 of 3 December 2013 7 PROOF OF PERFORMANCE a) Following the installation and activation of all equipment, each and every link and all channels will be tested and evaluated using appropriate test equipment to insure and verify proper transmission characteristics. b) The results of all tests will be documented and become part of the Contractor's maintenance records. This documentation will be made available to the Owner if so requested. End of Section 16711 Section 16711 Page 3 of 3 December 2013 SECTION 16712 WIDE AREA NETWORK SPECIFICATIONS 1 2 GENERAL REQUIREMENTS a) The equipment specified herein will, in all cases, meet or exceed the requirements of the Electronics Industries Association (EIA). b) Equipment required to provide facilities herein will be new and of the latest design presently in production by the manufacturer. The definition of “new” will include that equipment which is within the manufacturer’s current product line and has the latest software and firmware versions installed. The equipment will not be scheduled for discontinuation by the manufacturer for a period of no less than 12 months from the commencement of the Contract (July 1, 2014). c) This Section applies to TCP/IP wide area network equipment, installation and maintenance. WIDE AREA NETWORK REQUIREMENTS a) The equipment provided to facilitate this service will permit data communication for and between all sites as defined in Section 16790 using TCP/IP Version 4 Transmission Protocols. b) The Contractor will provide Internet connectivity to sites listed in Section 16790. The Contractor will provide only TCP/IP Version 4 transport from the local sites to the system hub(s). c) The infrastructure called for in these specifications must by private in nature, meaning that all PLS sites will share a common logical infrastructure and that PLS sites will not share network bandwidth capacities with or be exposed to any non-PLS data traffic within the confines of the PDN. d) The Contractor will provide pricing for the bandwidth tiers for the sites listed in Section 16790. The pricing will be provided using the form found in Section 16791. See Section 00050 for additional information. e) The Contractor will maintain an egress internet bandwidth capacity at the main hub site(s) of an amount no less than 50% of the sum of transport bandwidth provided to all local sites. As PLS sites are added and/or deleted or local site bandwidth is increased or decreased, the egress bandwidth capacity at the main hub site(s) will be modified to maintain the 50% requirement. Increases or reductions in costs for the main hub site(s) egress Internet bandwidth will be included in the increased or decreased costs provided to the Owner when adding or deleting a site or making local site bandwidth modifications. f) Contractor will provide routable public IP addresses for each site as detailed in Section 16700. Contractor will provide a detailed allocation of these IP addresses prior to Section 16712 Page 1 of 3 August 2009 completion of work so that PLS may alter it's DNS service providers with the new information in a coordinated manner. 3 g) The Contractor will provide DNS service within their overall network for use by PLS sites. The registrar for the PLS domain “pioneerland.lib.mn.us” is the State of Minnesota and is maintained and managed by PLS and the State of Minnesota. The Owner will be responsible for the modification of existing DNS records including all host, MX, and SOA records to use the new public IP address information provided by the Contractor. The Contractor's DNS services will be limited to providing standard DNS query responses to branch library sites within the PLS Wide Area Network. h) The Contractor will provide installation, configuration, and testing for each site, including conversion from existing systems as required. The Contractor will not be required to remove any existing equipment currently in use by the incumbent ISP. i) The Contractor will provide real-time monitoring of each individual sites bandwidth utilization levels, error levels, and the central hub site(s) bandwidth utilization levels. This data will be available via a Web interface to the Owner. j) If the Respondent cannot comply with any one or more of the requirements set forth in these paragraphs, the Respondent will include with their Proposal a clear, concise, and complete narrative stating the reason(s) why exception must be taken. The reason(s) may be economic, technical, etc. The Director will make the final determination as to the acceptability of Proposals which take exception to the requirements set forth herein. k) It is understood and expected that existing conditions may occasionally be the cause of a mutually agreed to compromise of some of the requirements set forth herein. The Respondent is encouraged to advance all opportunities which will provide an acceptable system at the lowest possible cost. l) Contractor WILL NOT be required to provide the following: IP address configuration of internal site computers and hosts. ii. End-user email systems, SMTP relay hosts, or web hosting services. iii. Configuration of existing Internet firewall security, content filtering, or user authentication systems. iv. Configuration of any firewalls, proxy servers, or other site-owned gateway devices. EQUIPMENT RACKS a) 4 i. Terminal equipment and accessories will be designed to mount in standard EIA 19” equipment racks and enclosures. AC LINE POWER PROTECTION Section 16712 Page 2 of 3 August 2009 5 6 a) Where applicable, local-site AC power protection devices and uninterruptible power supplies will be provided by the Owner. b) The Contractor will provide AC power protection devices and uninterruptible power supplies for all equipment located at the hub sites(s). INSTALLATION - TERMINAL EQUIPMENT a) All equipment front panel controls used in the normal operation of the system will be labeled in a clear and legible manner. b) All data input and output jacks utilized will be labeled in a clear and legible manner. c) The Contractor will remove all packing material and excess material required for installation prior to completion of the project and otherwise restore the site to its original condition. d) The Owner will designate the exact location for placement and installation of CPE equipment at each site at the earliest possible time after execution of the Contract. EQUIPMENT RACK POWER AND GROUNDING a) 7 8 The Owner's electrical contractor will provide the necessary electrical power to the equipment rack location, including all conduit, terminal cabinets, junction and outlet boxes as required. This work will be performed at the Owner's expense. SYSTEM PERFORMANCE a) The data rates and bandwidth available and committed between each site and the system hub(s) will be no less than that which is submitted by the Contractor using the tables found in Section 16791. These tiered data rates will be adjustable to higher tiers as needed. These adjustments will be able to be controlled remotely from a central location and will be under the control of the Contractor only. b) During the term of the contract, as individual sites opt to increase their local bandwidth allocation, the Owner will provide a written order to the Contractor directing that the bandwidth be increased to the requested Tier level for that site. The monthly costs listed in the submitted Section 16791 that is part of the Contract will be the monthly rate billed for the site for the remainder of the Contract or until the bandwidth is increased again. PROOF OF PERFORMANCE a) Following the installation and activation of all equipment, each and every link will be tested and evaluated to insure and verify proper transmission speeds and low latency. b) The results of all tests will be documented and become part of the Contractor's maintenance records. This documentation will be made available to the Project Director if so requested. End of Section 16712 Section 16712 Page 3 of 3 August 2009 SECTION 16715 SUPPORT REQUIREMENTS 1 GENERAL a) 2 Contractor is directed to provide ongoing maintenance and support as defined below. SUPPORT REQUIREMENTS a) Contractor will provide at no additional cost to the Owner continuous administrative and technical support for the proposed system for the duration of the Contract including the following: i. A telephone help-desk for the Owner and designated representatives of PLS will be staffed Monday-Friday from 8:00AM to 6:00PM. Help desk personnel will be on-call for all times other than those listed in the preceding sentence. At all times the minimum call-back response time is one (1) hour from the time the problem was first reported by an authorized caller. ii. On-site technical support whenever required to repair or replace any equipment located at PLS sites. Maximum on-site response time is one (1) business day. iii. Maintain an inventory of “cold-spares” for all equipment proposed. Make these spares readily available to all on-site support personnel. iv. Monthly site and regional reports detailing bandwidth utilization statistics, site and core system equipment up time, and logs of any problems or support incidents related to each PLS site. These reports will be made available to the Owner via the Internet. v. Contractor will monitor and log all aspects of system status and performance parameters in a real-time manner. Contractor will proactively notify designated site representatives of actual and potential problems as they arise. Contractor will, upon gaining knowledge of the problem, immediately assign support personnel to troubleshoot and resolve the problem. This monitoring and response system will be maintained 24x7x365. vi. A website related to the Contract including the following: Section 16715 1) Contact/Help Desk information 2) Directions and procedures for end-users needing technical assistance related to the Contractors network facilities Page 1 of 4 December 2013 b) 3) Online forms with which to submit requests for information/technical assistance. 4) Real time performance monitoring for each individual site as well as the shared internet connection showing only PLS bandwidth utilization. Service Outage Definitions i. Major service outages or failures will be repaired at no additional cost to the Owner within four (4) hours after said outage or failure is reported. 1) ii. Major outages will include any problems that result in the total loss of data services or degradation of services to the extent that they are rendered unusable for the normal operation of the affected sites. This will include problems that are found at the local site or at the Contractors head-end facilities. Minor service and/or equipment problems will be repaired at no additional cost to the Owner within twenty four (24) hours after said problem is reported. 1) Minor outages will include any problems that result in the partial loss of data services or degradation of services to the extent that while still functioning, they no longer meet the performance requirements for a given site. This will include intermittent problems that are found at the local site Contractors head-end facilities. c) Contractor will provide monthly accounting of all charges to Owner detailed by site. d) The Owner will provide a list of designated representatives of PLS for the purpose of interacting and working with the Contractors support staff. These designated representatives that will be authorized to initiate service requests and will be share with the Owner the responsibility for communication between the individual sites and the Contractor. At no time will the Contractor be required to work with PLS end-users or non-authorized personnel. e) The Contractor will provide all preventative (scheduled) and corrective (nonscheduled) maintenance of all equipment and facilities at no cost to the Owner. Any and all maintenance will be coordinated with the Owner. The Owner reserves the right to direct the Contractor on suitable times and schedules for said maintenance. f) The Owner will be responsible for the cost of maintenance, repair, and replacement of installed and operational terminal equipment located on the Owner's premises or branch libraries which results from unauthorized adjustments (tampering), misuse and abuse. g) The Contractor will provide to the Owner the name, address, and telephone numbers of the responsible repair person or organization for each site listed in Section 16790. Section 16715 Page 2 of 4 December 2013 3 4 5 6 SYSTEM RESPONSIBILITY a) The Respondent will immediately report in writing to the Owner any concern or question as to their ability to meet the requirements of this specification. b) All incidental items normally required for the installation and operation of the system and the equipment specified, even if not specifically mentioned herein or shown on drawings, will be supplied by the Contractor without claim for additional payment. c) The Contractor will be responsible for maintaining the system, and will have in their possession the requisite test equipment and expertise. DOCUMENTATION a) The Contractor will, prior to system final acceptance, furnish to the Owner with single page handouts with pertinent support information for PLS sites including support telephone numbers, web page URL’s, and any instructions required for reporting a problem or tracking an unresolved issue. b) The Contractor will assign a case number to any reported problems that require action on the part of the Contractors support staff. This case number will be made available to the person reporting the problem and may be referenced in any subsequent communication regarding the reported problem. WARRANTY a) The Contractor will warrant all materials and workmanship supplied by him under this agreement or contract for the full term of same. If any defect or malfunction occurs prior to expiration of that period of time, the Contractor will determine the cause, remove, repair or replace the defective unit at his sole cost and expense. b) The final Contract with the successful Respondent will include a Force Majeure clause that will include extraordinary natural events that cannot be reasonably foreseen or prevented, including acts of terrorism and sabotage. REMEDIES a) In the event that the contractor is unable to resolve a service outage, equipment problem, or any other reported problem that affects the performance or reliability of the system, the following refunds will be issued to the Owner. i. Section 16715 For major service outages that are not repaired or remedied within 4 hours of the time the problem was reported, the Contractor will refund the Owner $500. For each 24 hour time period or fraction thereof following the original 4 hour response window, the Contractor will refund the Owner an additional $500. This will continue until the reported major service outage has been remedied. These refunds will take the form of a credit on the Owners monthly statement. Page 3 of 4 December 2013 ii. For minor service outages that are not repaired or remedied within 24 hours of the time the problem was reported, the Contractor will refund the Owner $500. For each 24 hour time period or fraction thereof following the original 24 hour response window, the Contractor will refund the Owner an additional $500. This will continue until the reported major service outage has been remedied. These refunds will take the form of a credit on the Owners monthly statement. iii. For any service outages that are not repaired or remedied as specified in paragraphs 6.1a and 6.1b above AND are a result of the Contractor performing system upgrades and/or system maintenance and failing to coordinate with the Owner as specified in paragraph 2.6 above, the amount of the required refunds found in paragraphs 6.1a and 6.1b above shall be increased to $1,000. For each 24 hour time period or fraction thereof following the original response window, the amount of the required refunds found in paragraphs 6.1a and 6.1b above shall be increased to $1,000. This will continue until the reported major service outage has been remedied. These refunds will take the form of a credit on the Owners monthly statement. End of Section 16715 Section 16715 Page 4 of 4 December 2013 SECTION 16790 SITE LIST Site Name Appleton Public Library Atwater Public Library Benson Public Library Bird Island Public Library Brownton Public Library Canby Public Library Clara City Public Library Cosmos Public Library Dassel Public Library Dawson Public Library Fairfax Public Library Glencoe Public Library Graceville Public Library Granite Falls Public Library Grove City Public Library Hector Public Library Hutchinson Public Library Kerkhoven Public Library Lake Lillian Public Library Litchfield Public Library Madison Public Library Maynard Public Library Milan Public Library Montevideo Public Library New London Public Library Olivia Public Library Ortonville Public Library Raymond Public Library Renville Public Library Spicer Public Library Winsted Public Library Willmar Public Library/PLS Section 16790 Site Address 323 W Shlieman Ave 322 Atlantic Ave W 200 13th St N 260 S Main St 335 3rd St S 110 Oscar Ave N 126 Main St 342 Milky Way St S 460 3rd St N 676 Pine St 101 Se First St 1107 11th St E 415 Studdart Ave 155 7th Avenue 210 Atlantic Ave W 126 S Main St 50 Hassan St SE 208 N 10th St 431 Lakeview St 216 N Marshall 401 6th Ave 321 Mable Ave 235 N 2nd St 224 S First St 15 Ash St S 405 S 10th St 412 Nw 2nd St 208 Cofield St N 221 N Main St 198 Manitoba 180 Main Ave W 410 5th St SW City Appleton, MN Atwater, MN Benson, MN Bird Island, MN Brownton, MN Canby, MN Clara City, MN Cosmos, MN Dassel, MN Dawson, MN Fairfax, MN Glencoe, MN Graceville, MN Granite Falls, MN Grove City, MN Hector, MN Hutchinson, MN Kerkhoven, MN Lake Lillian, MN Litchfield, MN Madison, MN Maynard, MN Milan, MN Montevideo, MN New London, MN Olivia, MN Ortonville, MN Raymond, MN Renville, MN Spicer, MN Winsted, MN Willmar, MN Page 1 of 1 ZIP 56208 56209 56215 55310 55312 56220 56222 56228 55325 56232 55332 55336 56240 56241 56243 56209 55350 56252 56253 55355 56256 56260 56262 56265 56273 56277 56278 56282 56284 56288 55395 56201 Site Telephone (320) 289-1681 (320) 974-3363 (320) 842-7981 (320) 365-4640 (320) 328-5900 (507) 223-5738 (320) 847-3535 TBD (320) 275-3756 (320) 769-2069 (507) 426-7269 (320) 864-3919 (320) 748-7332 (320) 564-3738 (320) 857-2550 (320) 848-2841 (320) 587-2368 (320) 264-2141 (320) 664-4514 (320) 693-2483 (320) 598-7938 (320) 367-2143 (320) 734-4792 (320) 269-6501 (320) 354-2943 (320) 523-1738 (320) 839-2494 (320) 967-4411 (320) 329-8193 (320) 796-5560 (320) 485-3909 (320) 235-6106 December 2013 SECTION 17691 Site Pricing Sheet Site Tier 1: 3.0 to 6.0 Mb/s MRC NRC Mb/s Type Tier 2: >6.0 - 12.0Mb/s MRC NRC Mb/s Type Tier 3: >12.0 - 20.0 Mb/s MRC NRC Mb/s Type MRC Tier 4: >20Mb/s NRC Mb/s Type Appleton Public Library Atwater Public Library Benson Public Library Bird Island Public Library Brownton Public Library Canby Public Library Clara City Public Library Cosmos Public Library Dassel Public Library Dawson Public Library Fairfax Public Library Glencoe Public Library Graceville Public Library Granite Falls Public Library Grove City Public Library Hector Public Library Hutchinson Public Library Kerkhoven Public Library Lake Lillian Public Library Litchfield Public Library Madison Public Library Maynard Public Library Milan Public Library Montevideo Public Library New London Public Library Olivia Public Library Ortonville Public Library Raymond Public Library Renville Public Library Spicer Public Library Winsted Public Library Willmar Public Library/PLS Section 16791 Page 1 of 1 December 2013