REQUEST FOR PROPOSALS FOR

DESIGN AND BUILD OF A FIBRE-TO-THE-PREMISE

BACKBONE AND FEEDER / DISTRIBUTION NETWORK

RFP H357839-DOC-GEN-3001

County of Annapolis Nova Scotia

Contents

1. RFP Contact Personnel ................................................................................................................. 1

2. Introduction ................................................................................................................................ 2

2.1 Route Map .................................................................................................................................... 3

2.2 Instructions to Proponents ........................................................................................................... 3

2.3 Nature of Entities Issuing RFP ....................................................................................................... 7

2.4 Overview ....................................................................................................................................... 7 2.4.1 Primary Objectives ........................................................................................................... 7

2.5 Contributed Assets, Facilities, and Services from the Owner ....................................................... 8 2.5.1 Rights of Way ................................................................................................................... 8 2.5.2 Pole Attachments............................................................................................................. 8 2.5.3 Other Assets, Facilities, Services ...................................................................................... 8

2.6 Regulatory and Other Forms of Assistance to be provided by the Owner ................................... 8 2.6.1 General............................................................................................................................. 8 2.6.2 Expedited Permitting ....................................................................................................... 9

2.7 Relationship between Proponent and the Owner ........................................................................ 9

2.8 Ownership of Network .................................................................................................................. 9

3. RFP Definitions .......................................................................................................................... 10

4. Service Area ............................................................................................................................... 11

4.1 Estimated Route Distance (KM) For Each Land Type .................................................................. 11

5. RFP Response Requirements ...................................................................................................... 12

5.1 Executive Summary ..................................................................................................................... 12

5.2 Corporate Profile ......................................................................................................................... 12

5.3 Pending Legal Actions ................................................................................................................. 13

5.4 Proposed Project Team ............................................................................................................... 13

5.5 References .................................................................................................................................. 13

5.6 Insurance ..................................................................................................................................... 13

5.7 Bonding ....................................................................................................................................... 14

5.8 Cost Submittals ........................................................................................................................... 14

6. Bid Section Requirements .......................................................................................................... 15

6.1 Requirements for All Bid Sections ............................................................................................... 15 6.1.1 General........................................................................................................................... 15 6.1.2 Project management ..................................................................................................... 15 6.1.3 Rollout Strategy ............................................................................................................. 15 6.1.4 Training and support ...................................................................................................... 16 6.1.5 Timelines ........................................................................................................................ 16 6.1.6 Risk Management .......................................................................................................... 16 6.1.7 Quality Management ..................................................................................................... 16 6.1.8 Warranty of Work Performed ........................................................................................ 16 6.1.9 Material and Equipment ................................................................................................ 17

6.2 Bid Section: Design and Construction of Long-Haul Routes ....................................................... 17

6.2.1 Network Design and Engineering .................................................................................. 17 6.2.2 Construction and Activation .......................................................................................... 18

6.3 Bid Section: Design and Construction of Community Feeder and Distribution Network ........... 18 6.3.1 Network Design and Engineering .................................................................................. 19 6.3.2 Construction and Activation .......................................................................................... 19

6.4 Bid Section: Design and Construction of Community PoPs ........................................................ 20 6.4.1 Design ............................................................................................................................ 20 6.4.2 Construction .................................................................................................................. 21

7. Administrative ........................................................................................................................... 21

7.1 Contract Signing .......................................................................................................................... 21

7.2 Availability of the RFP and Amendments.................................................................................... 21

7.3 Questions about the RFP ............................................................................................................ 21

7.4 Additional Material ..................................................................................................................... 21

7.5 Proposal Format and Certification .............................................................................................. 21

7.6 Project Calendar .......................................................................................................................... 22

7.7 Process and Criteria for Evaluation of Proposals ........................................................................ 22

7.8 Clarification of Proposals ............................................................................................................ 22

7.9 Negotiation and Execution of Contracts ..................................................................................... 23

7.10 Commencement of Work ............................................................................................................ 23

7.11 Use of Subcontractors ................................................................................................................. 24

7.12 Miscellaneous Provisions ............................................................................................................ 24 7.12.1 Proposal Costs ................................................................................................................ 24 7.12.2 Applicable Statutes ........................................................................................................ 24 7.12.3 Errors and Omission in a Proposal ................................................................................. 24 7.12.4 Errors and Omission in the RFP ..................................................................................... 24 7.12.5 Objections to RFP Terms ................................................................................................ 24 7.12.6 Acceptance of RFP/Proposal Content ............................................................................ 25 7.12.7 No Waiver of RFP Provisions .......................................................................................... 25 7.12.8 Ownership and Confidentiality of Proposals ................................................................. 25 7.12.9 Indemnity and Insurance ............................................................................................... 25

8. Design, Construction, and Material Standards and Guidelines ..................................................... 26

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1. RFP Contact Personnel

Project: H35789-DOC-GEN-3001 Annapolis County Fiber Optic Design-Build Annapolis County, NS

Municipality of the County of Annapolis: Janice Young

Owner Contact: Executive Assistant to the CAO

Municipality of the County of Annapolis

752 St. George St. PO Box 100

Annapolis Royal, NS B0S 1A0

Telephone: (902) 532-0232

JYoung@AnnapolisCounty.ca

Hatch Limited: Matt Delorme, P.Eng.

Owner’s Advisor Contact: Project Manager

Hatch Limited

Suite 1009 – 1809 Barrington Street

Halifax, NS B3J 3K8

Telephone: (902) 420-6497

Matt.Delorme@Hatch.com

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2. Introduction

The Municipality of the County of Annapolis (”Owner”) is requesting proposals from interested parties

(“Proponent”) to design and build a fiber-optic communications network (“Network”) that will act as the

backbone (long-haul) and feeder/distribution network providing advanced telecom services to businesses,

homes, and community anchor institutions within the County.

Figure 1 shows the approximate extents of the Network. The long-haul backbones will be approximately 60

kilometers along the shoreline route and 70 kilometers along the inland route connecting selected Annapolis

County communities.

The Owner intends to use existing fiber along Highway 1 and Highway 101 for the backbone along the inland

route. Provision of existing fiber capacity is subject to negotiations with third parties and the Owner may elect

to construct its own backbone for all or portions of this inland route, pending detail design under this contract.

The final lengths of the backbone routes are subject to change pending final design.

Within each community, a feeder/distribution network will be constructed to connect each resident, business,

and anchor institution to the network. The total extent of fiber is anticipated to be approximately 405 kilometers

along the Owner Funded portion of the Network and 165 kilometers along the Connect to Innovate (CTI) Funded

portion of the Network. Total funding available, excluding make-ready costs for third party support structure

rights holders (route scoping, pole replacement and tree trimming) is estimated at $10,000,000 for the Owner

Funded portion of the Network and $4,100,000 for the CTI funded portion of the Network.

The RFP consists of three (3) biddable sections:

(a) Design and procurement of the equipment (Owner will purchase all equipment except fiber) as the Consultant;

(b) Purchase and construct the fiber and construct the equipment according to the as the Contractor;

(c) Provide both services described under item (a) and (b) as the Design-Builder.

Proponents may bid on any one of the sections. The Owner will give preference to a single-provider “turn-key” solution for all Scope of Work items listed in the sections of this RFP, i.e. bids under item (c). The Owner understands that Proponents may need to partner or subcontract with other providers to provide the services under this RFP. The Owner supports these arrangements but prefers that the RFP response be submitted and supported by a primary provider, identified in the proposal. However, the Owner encourages Proponents to bid on individual sections if a turn-key proposal is not feasible and ensures that each section proposal will be evaluated on its own merit.

The Owner intends the Network to serve as a development platform for innovation, next generation

application development, workforce development, and job creation throughout the linked communities.

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2.1 Route Map

Figure 1: Approximate Network Extents

2.2 Instructions to Proponents

.1 Interested Proponents shall set up an Expression of Interest (EOI) appointment with the Owner

to view the CCDC Contract form and the Design Build Schedules by contacting one of the following before May 17, 2019:

Janice Young: 902-526-0432 jyoung@annapoliscounty.ca Wanda Atwell: 902-532-2193 watwell@annapoliscounty.ca James Stronach: 902-665-2938 jstronach@annapoliscounty.ca

Appointments will be set up for the week of May 20 to May 24, 2019. Proponents will have access to the CCDC Contract and the Design Build Schedules for review during the appointment but will not be permitted to take copies or photographs.

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.2 Proponents shall submit a completed Bid Form (to be provided at the EOI appointment), Bid Security, and any other documentation expressly required to be submitted by the Owner for the above project in a sealed envelope CLEARLY MARKED as follows:

Proposal No. H-357839-DOC-GEN-3001 Annapolis County Fiber Optic Design-Build Closing at 2:00 p.m., local time, June 19, 2019 Municipality of the County of Annapolis 752 St. George St. PO Box 100 Annapolis Royal, NS B0S 1A0 Attention: Janice Young

.3 Safety Certification: Submit with Proposal a copy of Design-Builder’s current and valid Certificate

of Recognition issued by a Workers’ Compensation Board approved audit company.

Out of province companies shall submit a current and valid Certificate of Recognition from their province of origin or from a recognized safety association which uses an external audit element.

.4 Clearance Letter from Workers’ Compensation Board: Submit a copy of Proponent’s current

valid clearance letter issued by the Workers’ Compensation Board of Nova Scotia.

Out of province Proponents will have to satisfy a Workers’ Compensation Board approved audit company in respect to their safety status prior to being awarded a Contract.

.5 Proposal Opening: Proposal opening will not be public. The preferred Proponent will be notified

within 14 days of the Closing Date. The Owner reserves the right to enter into contract negotiations with multiple Proponents.

.6 Contract Documents: Contract Documents, including and limited to, samples of the CCDC14

Stipulated Price Design Build Contract (CCDC14 Contract) and Contract Schedules will be provided in for viewing at the EOI appointment.

A Design Build Reference concept will be provided at least two (2) weeks prior to the Closing Date.

.7 Accuracy of Referencing: Indexing and cross-referencing in the Contract Documents are for

convenience only. .8 Conditions of Proposal: Take full cognizance of content of all Contract Documents in preparation

of Proposal. Refer to the CCDC14 Contract and Schedules for a complete list of Contract Document requirements.

.9 Proponents to Investigate: Proponents will be deemed to have familiarized themselves with the

Place of Work and working conditions and all other conditions which may affect performance of the Contract. No plea of ignorance of such conditions because of failure to make all necessary examinations will be accepted as a basis for any claims for extra compensation or an extension of time.

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.10 Clarification and Addenda: Proponents shall notify the Owner’s Advisor not less than three (3)

working days before Tender Closing of omissions, errors or ambiguities found in the Contract Documents. If the Owner’s Advisor considers that correction, explanation or interpretation is necessary; a written addendum will be issued. All addenda will form part of Contract Documents.

Proponents must confirm in the Tender Form that all addenda have been received. The Owner’s Advisor representative during the proposal period shall be Matt Delorme, P.Eng., at (902) 420-6497, Matt.Delorme@Hatch.com

.11 Preparation of Proposal: The proposal submission must be legible and written in ink or completed

electronically. Proposals must not contain any qualifying statements added to the Contract Documents or alterations to the Bid Form unless specifically authorized in the Contract Documents or the proposal will be rejected. Any corrections must be in ink and initialed by the person signing the proposal.

.12 Taxes: Include all taxes except Harmonized Sales Tax (HST) in unit prices. Contractor will be

provided an HST Tax exemption letter by the Owner upon award.

.13 Bid Security: Proponents shall provide Bid Security in a minimum amount of $25,000, in the form of a Certified Cheque or Money Order payable to the Owner, or a Bid Bond on CCDC Form 220, or other Owner approved form.

.14 Return of Bid Security: Bid Security will be returned to all Proponents except those selected to

enter into contract negotiations within seven (7) days of the Closing Date. Bid Security will be returned to the Successful Proponent(s) following receipt by Owner of an executed Agreement, specified Performance Bond, General Security Agreement, Insurance documents and Required Project Documentation.

.15 Performance Bonds: The successful proponent shall provide a performance bond in an amount

equal to 25% of the total bid price within 7 days of executing the Contract.

.16 General Security Agreement: The successful proponent shall provide a signed General Security Agreement within 7 days of executing the Contract.

.17 Insurance: Refer to Section 11 of the General Conditions and Schedule 9 of the CCDC14 Contract

for insurance required.

.18 Amendment or Withdrawal of Proposal: Proposals may be amended or withdrawn by letter, facsimile or other form of electronic communication. Amendment or withdrawal by facsimile or other form of electronic communication must be verified by registered letter postmarked prior to date and time of closing. Amendment of individual unit prices in the Bid Form from CCDC Contract Schedule 8 is the only acceptable price amendment. Amendments shall not disclose either original or revised total bid price.

Head amendment or withdrawal as follows: “[Amendment] / [Withdrawal] of Tender for

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Annapolis County Fiber Optic Design-Build; Proposal No. H-357839-DOC-GEN-3001”. Sign as required for Proposal and submit at the address given for receipt of Tenders. To be considered, submissions shall be received prior to time of Tender Closing.

.19 Right to Accept or Reject any Proposal: The Owner specifically reserves the right to reject all proposals if none is considered to be satisfactory and, in that event, at its option, to call for additional proposals. The project award is subject to funding and regulatory approval from various agencies. Without limiting the generality of any other provision hereof, the Owner reserves the right to reject any proposal:

(a) that contains any irregularity or informality or are in the opinion of the Owner to be

unbalanced; (b) that is not accompanied by the security documents required; (c) that is not properly signed by or on behalf of the Proponent; (d) that contains an alteration in the quoted price that is not initialled by or on behalf of the

Proponent; (f) that is incomplete or ambiguous; or (g) that does not strictly comply with the requirements contained in these instructions.

Notwithstanding the foregoing, the Owner shall be entitled, in its sole discretion, to waive any irregularity, informality, or non-conformance with these instructions in any proposal received by the Owner. Notwithstanding the foregoing, the Owner shall be entitled, it its sole discretion, to consider any and all aspects of the proposals in addition to price in determining the Preferred Proponent(s). The Owner is under no obligation to select the lowest price proposal.

.20 Right to Amend the Scope of Work: The Owner reserves the right to amend the scope of work to

maintain costs within the funding available by, but not limited to: (a) Reducing the kilometres of fiber constructed; (b) Amending the build strategy and network coverage in consultation with the Consultant; (c) Providing in kind contributions of land, materials, resources or other. Funding for the Owner funded portion of the build will not be reduced from the amounts stated herein but may be increased at the Owner’s discretion to construct a larger network at the rates provided by the proponent.

.21 Cancellation of Tender: The Owner reserves the right to cancel the proposal process and reject

all proposals at any time prior to the award of Contract without incurring any liability to affected Proponents. The Owner has the right to not award the Work for any reason

.22 Contingency Allowance: No contingency allowance will be included in the Proposal price. The

Owner intends to construct the Network using available funds to maximize the coverage area. No additional funds will be made available to construct the number of kilometers estimated herein. Preference will be given to Proponents with proposals that seek to maximize the length of build under the available funding while maintaining system performance.

.23 Responsible Bidder: The Owner intends to only contract with responsible Proponents who are in

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the business of providing the goods and/or services bid upon and can provide proof that they can furnish satisfactory performance based on past work experience and have the financial, managerial, and resource capabilities for the size of the project.

Satisfactory performance includes meeting all the requirements of the various federal and provincial regulations and agencies for completion of the Work within budget and on schedule while making payments to subcontractors in a timely basis. The evaluation process may include reference checks, third party credit checks, site visits, and/or the Proponent may be asked to allow the Owner to complete personal credit and/or criminal record checks if information is not otherwise available or adequate. Proponents found unacceptable during the evaluation process will not be given further consideration.

.24 Coordination with Utilities: Design-Builder will be responsible to coordinate with Bell Aliant

and/or Nova Scotia Power to prioritize make-ready work (pole upgrades and tree trimming) based on the Work Schedule. The Owner will participate in scheduling meetings with third party support structure rights holders. The Consultant will coordinate the fiber route with the Owner and the Owner’s Advisor to identify the poles that will be used for the fiber network. The Owner will review the route and assist in coordinating the make-ready work to prepare for installation of fiber. Scheduling of make-ready work with third party support structure rights holders will be a joint effort between the Proponent, the Owner and the Owner’s Advisor.

.25 The proponent agrees that this Tender is valid for acceptance for 60 days from Tender Closing.

2.3 Nature of Entities Issuing RFP

This RFP is issued by the Municipality of the County of Annapolis. The Owner intends to form a municipal Internet Service Provider (ISP) or partner with qualified individuals to manage the Network under a separate contract.

2.4 Overview

This RFP seeks proposals for the design and construction of the Network by qualified Design-Build teams. This will be a new build out of a high-speed fiber network for use by the residents, businesses, and community anchor institutions in the participating COA communities. The build may make use of existing infrastructure. Details will be provided with the reference concept via addendum a minimum of two (2) weeks prior to closing.

2.4.1 Primary Objectives

The Owner’s primary objectives are to establish a Network that: (a) Will function as the backbone and feeder/distribution network for a Fibre-to-the-Premise (FTTP)

buildout capable of offering 1 Gbps infrastructure to residences and 10 Gbps to commercial, industrial and anchor institutions;

(b) Will comply with the complete technical specifications that are included in Schedule 4 of the CCDC Contract;

(c) Supports FTTP network architecture including drops to the premises; however, fiber drops to the premises are not included in this scope of work;

(d) Establishes various Point-of-Presence (“PoP”) locations to house equipment and serve as connection points;

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(e) Includes all necessary equipment, racks, OLTs, splitter cabinets, splitters, ONTs, etc. and to activate (“light”) the network;

(f) Be capable of delivering service to 100% of homes, businesses, and anchor institutions in the subject communities, as well as future development potential identified by the Owner;

(g) Promotes the long term economic and community interests of the Owner and end users; and (h) Provides warranty on all labour, construction, materials, and equipment for three (3) years with

the ability to purchase an extended warranty up to five (5) years.

2.5 Contributed Assets, Facilities, and Services from the Owner

The Owner will provide the Proponent(s) with access to personnel and physical assets to the extent they are available and are needed for design/construction of the backbone and feeder/distribution network. Physical assets may include, but are not necessarily limited to, poles, building space for CO/HE or PoP locations, and available land, rights-of-way and other assets and services as required. The Owner will use its best efforts to make such assets, services, and facilities available to Proponent upon request. In certain cases, access to personnel, buildings, rights of way or other assets identified may be conditioned on or require approval from other third parties. In such situations, The Owner will work with the Proponent(s) to attempt to obtain any necessary approvals, but it cannot guarantee their receipt.

2.5.1 Rights of Way

Construction and the installation of Network components in the Owner rights of way will be subject to any the Owner requirements, agreement and engineering permits issued by the Owner Subject to existing rights-of-way and easements, the Owner will allow Proponent(s) to have access to necessary rights-of-way on property owned by the Owner and property on which it has an easement. Such access will be provided during regular business hours for non-emergency work and 24x7 for emergency work. This access includes permission to perform construction work on the Owner’s property, including construction in streets and roadways, as needed for the Network. the Owner will also cooperate with the Proponent in efforts to allow the Proponent to gain access to rights-of-way owned or controlled by third parties.

2.5.2 Pole Attachments

The Design-Builder is responsible for coordinating pole attachment agreements NSPI and Bell-Aliant for construction of the Network. The Owner will use its best efforts to facilitate and expedite work by third party support structure rights holders. The Consultant will coordinate the fiber route with the Owner and the Owner’s Advisor to identify the poles that will be used for the fiber network. The Owner will review the route and assist in coordinating the make-ready work to prepare for installation of fiber.

2.5.3 Other Assets, Facilities, Services

The Owner will provide Proponent with access to other assets (e.g. the Owner employees, community members, contractors, Owner’s Advisor) and services that are owned or controlled by the Owner that will assist in lowering the overall risk and cost by reducing the design and construction schedule. These include access to GIS data, street maps, maps of terrain, GPS coordinates, locating services, and existing map routes.

2.6 Regulatory and Other Forms of Assistance to be provided by the Owner

2.6.1 General

the Owner will provide Proponent with: (a) Assistance from the Owner employees, community members, contractors, and Owner’s Advisors

as needed in support of planning, network design, etc. (b) A single point of contact ("SPOC") that will be responsible for addressing all issues related to the

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Network, providing coordination across the Owner departments, ensuring the full cooperation of all the Owner departments with respect to relevant issues on the Network and serving as a communication and troubleshooting resource for Proponent.

2.6.2 Expedited Permitting

The Owner will provide Proponent with quick, diligent review of all applications for permits, including permits necessary for construction work on the Network within the County. This includes a commitment to review and respond to any subsequent modifications or similar documents that may require approval by the Owner and/or communities within ten (10) working days of submission by Proponent.

2.7 Relationship between Proponent and the Owner

The Proponent will hold a Contract with the Owner to provide the services to complete the scope of work as outlined in this RFP.

2.8 Ownership of Network

The Owner will own the Network.

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3. RFP Definitions

Definitions will be provided in Schedule 1 of the CCDC Contract.

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4. Service Area

The designated service area for this project encompasses approximately the route coverage in Figure 1. Feeder and distribution networks would be built within with drops to each residence, business, and anchor institutions. The Owner acknowledges that the design may change from the reference concept to optimize the performance of the Network. The Owner will approve changes following review of the proposed changes to confirm they comply with the Owner’s intent to provide service to rural and underserviced areas, as well as areas with the potential for future development.

4.1 Estimated Route Distance (KM) For Each Land Type

Table 1: Breakdown of estimated distance (km) per route Table 1 will be provided to Proponents attending the EOI appointments.

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5. RFP Response Requirements

The Owner requires proposals to be concise and easy to understand. Do not include unnecessary or extraneous information. All reasonable care should be taken to limit responses to pertinent information. Additional company/marketing information is welcome and should be presented as appendices to the core response. The response should include, at a minimum, the following:

5.1 Executive Summary

(a) Include a brief overview of the key elements of your proposal.

(b) Provide information that best illustrates your company’s qualifications and sufficient detail to demonstrate ability to perform the functions outlined in the proposal.

(c) Demonstrate that firm has successfully and substantially participated in one (1) or more similar projects within the past five (5) years.

(d) Describe what differentiates your company and solution from your competitors.

(e) Please provide additional information concerning additional incentives and/or services that are not included in the scope of this proposal.

5.2 Corporate Profile

If multiple companies have formed a partnership to respond to this RFP, each company must provide a corporate profile as outlined below. Response must also indicate which company will be the Primary Proponent acting as signatory to the Contract that will be responsible for all communications and warranties.

(a) Vendor Name as Registered with the Province of Nova Scotia

(b) Indicate if Vendor is the primary Proponent or subcontractor.

(c) Type of Organization (sole proprietorship/partnership/corporation/ public corporation)

(d) Authorized Contact Name and Title

(e) Mailing Address

(f) Physical Address

(g) Phone Number

(h) E-mail Address

(i) Company Website Address

(j) Tax I.D. Number

(k) DUNS Number

(l) Number of years in business

(m) Number of full-time employees (do not include subcontractors in this number)

(n) Offices in Canada, Nova Scotia, and other locations

(o) Type of business

(p) Primary products/services

(q) Technical strengths

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5.3 Pending Legal Actions

List any pending judgments, lawsuits, debarments, or legal actions against your company work previously or currently contracted that could negatively impact your ability to work. List any pending legal action against the Owner or other entities identified in this RFP.

5.4 Proposed Project Team

Proponents are requested to provide qualified staff on the proposed project team. Resumes shall include education, experience, license, and/or certifications of each individual working on project.

(a) Identify who the primary project manager will be and provide their resume. (b) Identify office location, address and phone number for the project manager and any other associated

staff. (c) Include an organizational chart that clearly identifies the Project Manager and support personnel for

managing the bid project sections. (d) List the individuals that will participate in project proposed along with their resume and their roles in

the services proposed. (e) Provide an escalation contact list for any issues, concerns or other matters arise during the

agreement’s term. List, name, title, email address, and phone number(s). (f) If an equipment vendor is a subcontractor, describe the services and equipment that vendor will

provide.

5.5 References

Please provide three (3) references including one (1) from similar projects completed within the past three (3) years. By providing the information the Proponent grants permission for the Owner staff to contact each reference. Information must be current; obsolete information will be regarded as a failure to comply with a mandatory item. These references will be used as a gauge to help the Owner determine the quality, reliability, dependability, consistency, safety issues and overall satisfaction levels exemplified by your firm(s).

(a) Name of Client

(b) Project

• Type of project

• Project dates

• Location of project

• Contract amount

(c) Client Contact Information

• Name

• Title

• Phone

• Email

5.6 Insurance

The awarded Proponent(s) shall maintain insurance coverage and provide Certificate(s) of Insurance reflecting the minimum amounts and conditions specified in the Contract Documents and Schedule 11 of the CCDC Contract. In

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the event the Proponent is a governmental entity or a self-insured organization, different requirements may apply. Misrepresentation of any material fact, whether intentional or not, regarding the Proponent’s insurance coverage, policies or capabilities may be grounds for rejection of the proposal and rescission of any ensuing contract.

5.7 Bonding

Proponent shall provide bonding in accordance with this RFP and Schedule 11 of the CCDC Contract:

5.8 Cost Submittals

Submittals shall include all costs relative to the requirements in the Bid Form outlined in Schedule 8 of the CCDC Contract. The Owner expects responses to be the best and final offer using a STIPULATED PRICE and will be scored on overall project value.

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6. Bid Section Requirements

The Owner seeks Proponent(s) to design and build a high-speed communications network within the Service Area (see Figure 1) and prepare it to deliver FTTP services. The system shall be a fully operational network supporting Internet protocol technology and allowing users access to and from the Internet and access to other telecommunications services such as voice and video. There are three ways that the Proponent may bid using the Bid Form contained in Schedule 8 of the CCDC Contract.

(a) Design and procurement of the equipment (Owner will purchase all equipment except fiber) as the Consultant;

(b) Purchase and construct the fiber and construct the equipment according to the as the Contractor;

(c) Provide both services described under item (a) and (b) as the Design-Builder.

A Proponent may bid any one of the sections. The Owner intends to award either:

(a) A team selected from combining proposals for bid section (a) and (b)

(b) A team selected from proposals for bid section (c)

(c) A Consultant only from Section (a)

(d) A Contractor only from Section (b)

The proposed delivery method will be selected on the merits of the proposals and the solution that provides the greatest extent of fiber with optimum technical performance for the greatest coverage of potential customers. Each section has its own scope of work that must be addressed in the Proponent response, as well as, normal and customary tasks related to the scope of work in the section.

6.1 Requirements for All Bid Sections

6.1.1 General

Responses should be organized in the same sequence as the listed sections with responses referencing the appropriate corresponding section and item. Proponents should respond to each item at the level of detail at which each is presented or list a variance with a particular item and propose alternate terms and, as applicable, and supply any supportive detail. Proposals shall be limited to a maximum of fifteen (15) pages. Curricula Vitae and Detailed Schedule may be included in Appendices that are not included in the page count. The body of the proposal shall contain a summary schedule with key milestones and one paragraph bios of key personnel.

6.1.2 Project management

Include costs for project management to aggressively manage the project to meet timelines, mitigate risks, ensure quality, et al. Response should include project management philosophy, processes, status reporting (at least bi-weekly), issue escalation and resolution, and other standard project management components.

6.1.3 Rollout Strategy

Provide an overview of the anticipated rollout strategy for the build. The Proponent should also include a

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discussion of any factors likely to influence the scope or timing of the delivery schedule and explain how those factors impact the timeline. As noted previously, the Owner will make the ultimate decision on schedules based on the Proponent input presented.

6.1.4 Training and support

Provide an overview of the training regimen and costs that will be provided to ensure that the Owner personnel can operate and manage the items and services constructed or installed by the Provider.

6.1.5 Timelines

Provide a timeline for each of the section items from contract execution to completion and acceptance. Breakout construction related sections timelines based on the following:

Design and Construction of Long-Haul Routes o By each long-haul route

Design and Construction of Community Feeder / Distribution / Premise Drops / Inside Wiring o By each community

Design and Construction of Headend Community PoPs o By each community PoP

Timeline should also show the projected construction season that the long-haul route or community build out will be started and completed. Please note that timeline may need to be modified based on Owner factors.

6.1.6 Risk Management

Proponent should supply a detailed description of strategies that will be employed to mitigate risk to the Owner For example, the Design and Construction of Long-Haul Routes section would describe environmental mitigation strategies such as stream crossing, migration areas, wetland, forestry harvesting, etc. Furthermore, risk strategies shall be part of an overall project risk register, including measures to mitigate, transfer, accept, or avoid all known risks to stakeholders and the environment.

6.1.7 Quality Management

Proponent(s) should supply a detailed quality management plan which includes the procedures and processes that will be adhered to throughout the construction. Stages of the plan may include: Quality workmanship best practices and checklists may be utilized and reviewed at each stage in the process to facilitate quality production.

6.1.8 Warranty of Work Performed

Proponent must warranty all work, material (e.g. fiber, buildings, etc.), and equipment for a period of three (3) years post acceptance by the Owner of work performed. Should any issue arise, outside an Event of Force Majeure, with the work, material, or equipment, Proponent agrees to make all necessary repairs as soon as reasonably possible at no cost. Proponent must also offer extended warranty options for at least two additional years should the Owner choose to purchase.

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6.1.9 Material and Equipment

For all material and equipment included in response, please include type of material/equipment, manufacturer, model, quantity, unit costs, and total cost. The Owner reserves the right to directly purchase listed material and equipment in Proponent response from other sources and provide them to the contractor as it deems necessary. Proponent will adjust billable cost accordingly.

6.2 Bid Section: Design and Construction of Long-Haul Routes

The Proponent should provide all services outlined in this section, as well as, normal and customary tasks related to a design/build contract including design process, utilities coordination, all permitting activities, preconstruction meetings, and the distribution of normal weekly updates and reports necessary to complete 100% of the long-haul backbone(s). The RFP requires the design of a FTTP backbone(s) which will support state-of-the-art technologies which will be used to deliver best-effort and guaranteed services to its customers within the Owner service area. Services rendered must include:

(a) Fiber optic network design and engineering must provide an architecture that maximizes wholesale and retail service delivery. Fibre routes will be laid out logically to economically connect each service area back to the cabinet located at the CO/HE or at a local community POP.

(b) Construction and activation of the long-haul backbone.

(c) Installation and configuration of network equipment to “light” the network between the CO/HE and community PoP’s.

(d) Must meet all appropriate standards and guidelines as outlined in Schedule 4 of the CCDC Contract.

Proponents will not be responsible, unless otherwise noted by addendum, for providing construction services for the CO/HE. Provision of this connection is subject to Owner negotiation with third parties anticipated to be complete prior to the Closing Date.

6.2.1 Network Design and Engineering

Proponent must include a complete engineering design based on the preferred routes depicted in the Service Area section above for a fiber optic long-haul (backbone). Design must include all components of the network to deliver service from the CO/HE to all individual community PoP’s. Design document must:

(a) Be broken out by each long-haul (backbone) route.

(b) Be prepared to full engineering design standards applicable in the Owner Service Area and must be signed and sealed by a registered Professional Engineer (P.Eng.)

(c) Include, but not be limited to, all Rights-of-Way (“ROW”), man-holes, hand-holds, conduits, road, bridge and railway crossings, buildings, utility poles, traffic light structures, traffic control boxes, other utilities structures, both existing and planned (new) that are pertinent to the construction of the fiber network and necessary to complete the design in its entirety.

(d) Contain construction design drawings provided in paper and digital format. Scale should be an accepted engineering standard and at a scale that is practical for review and interpretation.

(e) Include cadastral boundaries to include Rights-of-Way and planimetric boundaries, which includes

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edge of pavement.

(f) Identify the specific network characteristics it plans to meet the desired minimum capacity (in terms of number of fibers) for the proposed service delivery method.

(g) Must utilize GPS technology for base plan development and track pole locations, FOSC locations and any other critical components in GIS format to be submitted for review to the Owner’s Advisor.

6.2.2 Construction and Activation

Proponent must provide all costs (labour, material, network equipment, permits, etc.) and timeline necessary to construct and activate (“light”) the network by completing the unit prices in Schedule 8 of the CCDC Contract. Costs and timeline should be broken out for each long-haul (backbone) route into the following categories:

(a) Aerial installation (per meter and total)

List all labour and material needed to install fiber aerially

If installation dependent on land type, then show by land type

(b) Underground installation (per meter and total)

List all labour and material needed to install fiber underground

If installation dependent on land type, then show by land type

(c) Bridge Crossings (per meter and total)

List all labour and material needed to install fiber in conduit on bridges

If installation dependent on land type, then show by land type

(d) Splicing (per instance)

(e) Other miscellaneous costs such as permitting, deployment of materials, mobilization/demobilization, etc. List item and cost.

(f) List of all labour, material and equipment needed to activate “light” the long-haul (backbone) network section.

(g) Restoration shall be included in the proposed unit prices.

(h) Testing and documented certification of completeness and installation to code.

(i) Construction must be completed by October 2020. Preference will be given to Proposals with a robust strategy for mobilization, schedule contingency and schedule management.

6.3 Bid Section: Design and Construction of Community Feeder and Distribution

Network

The Proponent should provide all services outlined in this section, as well as, normal and customary tasks related to a design/build contract including design process, utilities coordination, all permitting activities, preconstruction meetings, and the distribution of normal weekly updates and reports necessary to complete 100% of the feeder / distribution networks, excluding premise drops. The RFP requires the design of a FTTP feeder / distribution which will support state-of-the-art technologies which will be used to deliver best-effort and guaranteed services to its customers within the Owner service area. Services rendered must include:

(a) Fiber optic network design and engineering must provide an architecture that maximizes wholesale and retail service delivery. Feeder and distribution fiber network will be laid out logically to

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economically connect each resident, business, and community anchor to the local community POP. Preference will be given to Proponents that provide direct fiber to the local PoP.

(b) Construction and activation of the feeder and distribution network.

(c) Installation and configuration of network equipment to “light” the network between the community PoP’s and community entities.

(d) Must meet all appropriate standards and guidelines as outlined in Schedule 4 of the CCDC Contract.

6.3.1 Network Design and Engineering

Proponent must include a complete engineering design of each community fiber feeder / distribution / premise drop network. Design must include all components of the network to deliver service from the local PoP to all individual community premises. Design document must:

(a) Be broken out by each community.

(b) Be prepared to full engineering design standards applicable in the Owner Service Area and must be signed and sealed by a registered Professional Engineer (P.Eng.).

(c) Include, but not be limited to, all Rights-of-Way (“ROW”), man-holes, hand-holds, conduits, road, bridge and railway crossings, buildings, utility poles, traffic light structures, traffic control boxes, other utilities structures, both existing and planned (new) that are pertinent to the construction of the fiber network and necessary to complete the design in its entirety.

(d) Contain construction design drawings provided in paper and digital format. Scale should be an accepted engineering standard and at a scale that is practical for review and interpretation.

(e) Include cadastral boundaries to include Rights-of-Way and planimetric boundaries, which includes edge of pavement.

(f) Identify the specific network characteristics it plans to meet the desired minimum capacity (in terms of number of fibers) for the proposed service delivery method.

(g) Must utilize GPS technology for base plan development.

6.3.2 Construction and Activation

Proponent must provide all costs (labour, material, network equipment, permits, etc.) and timeline necessary to construct and activate (“light”) the feeder / distribution network. Costs and timeline should be broken out for each community into the following categories:

(a) Aerial installation (per meter and total)

List all labour and material needed to install fiber aerially

If installation dependent on land type, then show by land type

(b) Underground installation (per meter and total)

List all labour and material needed to install fiber underground

If installation dependent on land type, then show by land type

(c) Bridge Crossings (per meter and total)

List all labour and material needed to install fiber in conduit on bridges

If installation dependent on land type, then show by land type

(d) Splicing (per instance)

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(e) Other miscellaneous costs such as permitting, deployment of materials, mobilization/demobilization, etc.

(f) List of all labour, material and equipment needed to activate “light” the feeder / distribution community networks

(g) Restoration shall be included in the unit prices.

(h) Testing and documented certification of completeness and installation to code.

(i) Please indicate if Proponent has the capability to complete multiple communities during one construction season.

6.4 Bid Section: Design and Construction of Community PoPs

The Proponent should provide all services outlined in this section, as well as, normal and customary tasks related to a design/build contract including design process, utilities coordination, all permitting activities, preconstruction meetings, and the distribution of normal weekly updates and reports necessary to complete 100% construction or upgrade of the Central Office/Headend and community PoP’s. Services rendered must include:

(a) Design must provide an architecture that minimizes the needed square meters to house the necessary equipment. Design must also include power, security and environmental systems customary in PoP’s.

(b) Construction or upgrade of the community PoP’s.

(c) Must meet all appropriate standards and guidelines as outlined in Schedule 4 of the CCDC Contract.

6.4.1 Design

Proponent must include a complete engineering design for the community PoP’s based on the following information:

Central Office / Headend The Owner is in negotiations with a third-party provider for backbone fiber connection to a Head-End. Pending these negotiations, it is not anticipated that head end connection design or construction will be required.

Community PoP’s (Equipment Sheds) Each of the connection points shown on the reference concept (to be issued as an addendum) required a new secure PoP facility to house the necessary fiber equipment. The Owner will construct these sheds or provide a location in an existing building under a separate contract. This contract will require construction of equipment in the designated areas. Proponent will need to confirm, during design stage, that each community still desires a new facility or has subsequently identified an existing facility for upgrade. Proponent agrees to adjust costs to address upgrades versus new facilities should they occur. Design document must:

(a) Be broken out by each structure (PoP’s)

(b) Be prepared to full engineering design standards applicable in the Owner Service Area and must be

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signed and sealed by a registered Professional Engineer (P.Eng.).

(c) Contain construction design drawings provided in paper and digital format. Scale should be an accepted engineering standard and at a scale that is practical for review and interpretation.

6.4.2 Construction

Proponent must provide all costs (labour, material, permits, etc.) and timeline necessary to construct or upgrade the CO/HE and community PoP’s. Design must be completed by October 2020.

7. Administrative

7.1 Contract Signing

The Owner is prepared to sign immediately following agreement on acceptable contract terms. The Agreement depends upon the continued availability of appropriated funds. If for any reason funds become unavailable by operation of law or federal fund reductions, this Agreement may be terminated by the Owner Termination for any of these reasons is not a default by the Owner nor does it give rise to a claim against the Owner.

7.2 Availability of the RFP and Amendments

Adobe Acrobat (PDF) versions of this RFP are available on the County of Annapolis website. Amendments to the RFP will be posted on the County website. Any amendments supersede prior provisions and are effective upon posting on the project website, and each potential bidder is responsible for checking the website to learn of any amendments.

7.3 Questions about the RFP

The primary RFP contact for the Owner project team is Matt Delorme, P.Eng. (see RFP Contact Personnel for contact information). All general correspondence and any questions about this RFP must be submitted in writing and emailed to Matt Delorme. The Owner project team will entertain oral contacts regarding this RFP. The last date for questions will be 2:00 pm Atlantic Daylight Time, June 13, 2019. All questions will be considered to be public and released with an answer as expeditiously as possible on the project website. The identity of the person posing the question will not be disclosed. Proponents should not contact any other the Owner staff directly. Any attempts to contact the Owner staff regarding this RFP other than via this email process may be grounds for the Owner to reject your submission.

7.4 Additional Material

Proponents are encouraged to review any additional materials and updates that may be provided prior to submitting their proposals at the project website noted above.

7.5 Proposal Format and Certification

Proposals shall be limited to a maximum of fifteen (15) pages. Curricula Vitae and Detailed Schedule may be included in Appendices that are not included in the page count. The body of the proposal shall contain a summary schedule with key milestones and one paragraph bios of key personnel. Proposals should be organized in the same sequence as listed in the RFP Response Requirements section of this RFP with responses referencing the appropriate corresponding Bid Section / Item. Proponents should respond to each item at the level of detail at which each is presented or list a variance with a particular item and propose

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alternate terms and, as applicable, and supply any supportive detail. Proposals not conforming to the proper format or failure to respond to any required items may result in a Proponent’s disqualification and/or rejection of the proposal. Where the Proponent is requested to supply information, include that information in the body of the proposal, or reference the attachment where it is included. A duly authorized officer or agent of the Proponent must sign the proposal. Proposals that are not signed will not be considered. In the case where multiple Proponents team to present a proposal, a signature by a duly authorized officer or agent of each entity is required on the proposal, though one entity should be designated the prime contractor in the proposal. The lead entity will be the contracting entity and will be responsible for subcontracting with its partners.

7.6 Project Calendar

Anticipated Event Dates:

RFP Advertised and Issued: May 13, 2019

RFP Questions Submitted By: 2:00 pm Atlantic Daylight Time, June 14, 2019

Proposals Due By: 2:00 pm Local Time, June 19, 2019

Proposal Evaluation Completed By: June 28, 2019

Interviews with Finalist Firms (if required) No Later Than: July 5, 2019

Award / Letter of Intent for Contract No Later Than: July 26, 2019

Contract Finalized No Later Than: Ten (10) business days after Preferred Proponent notified

Selected Firm Begins Work No Later Than: Thirty (30) business days after contract executed

Project Documentation Submitted No Later Than: Thirty (30) business days after contract executed

7.7 Process and Criteria for Evaluation of Proposals

Proposals will be opened and reviewed internally at the convenience of the Owner. All proposals will be evaluated and, at the Owner sole discretion, an award, if any, made to the Proponent(s) who demonstrates the best ability to meet the overall goals of the project, with particular emphasis on the ability to fulfill the scope of work in the most timely and efficient manner. Some of the Qualifications Evaluation Criteria Include but are not limited to:

Quality of response

Experience of project team

References

Proponent experience

Financial strength of Proponent

Cost of proposal

7.8 Clarification of Proposals

Notwithstanding any other provision of this RFP, the Owner reserves the right to:

(a) Initiate discussions with any or all potential Proponents for the purpose of clarification of

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proposals;

(b) Waive, or decline to waive, any defect in any proposal;

(c) Accept, reject, or negotiate any or all proposals or the terms of any proposal, or any parts thereof, for the purpose of obtaining the best and final offer;

(d) Cancel or amend this RFP or issue other requests for proposals;

(e) Select a Proponent or Proponents based solely upon its analysis and evaluation of proposals submitted and request presentations on proposals if it believes further information is appropriate to the decision- making process;

(f) Select no proposals at all; or

(g) Use any and all concepts presented in any proposal to obtain the most beneficial and effective path to achieving its desired goals for the project.

7.9 Negotiation and Execution of Contracts

The selected Proponent agrees to execute a contract consistent with the terms of this RFP as modified for the proposal specifics within 10 days of the Owner notifying of Award. the Owner will notify selected Proponent that the contract signing period is in effect. If the parties are not able to reach agreement and execute a contract within ten (10) days of the award, the Owner may declare the award void and may select another Proponent or issue a new RFP or proceed otherwise as it sees fit. The negotiated contract will include a requirement for the Proponent to provide a performance and payment bond to ensure that the Owner does not have to assume unanticipated costs of finishing the project. The purpose is to prevent the Proponent from “walking away from the job.”

7.10 Commencement of Work

The submission of a proposal in response to the RFP, and the subsequent evaluation of that response by the Owner, does not constitute a contract or any type of agreement between the Owner and any Proponent for the commencement of work or the performance of any obligation. Only a written contract with the Owner will authorize the commencement of work or obligate the Owner on this project.

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7.11 Use of Subcontractors

Proponents may use Owner approved subcontractors to fulfill any obligations in connection with the project. Use of subcontractors shall be subject to all applicable provincial and federal laws. A Proponent shall remain liable for fulfilling all its obligations on the project, and for any claims or damages arising from the subcontractor’s work. All subcontractors shall be notified of their obligations under the terms of the CCDC Contract and shall furnish insurance coverage and documentation in accordance with the terms of the CCDC Contract. Proponent shall furnish a copy of a subcontractor management plan for all subcontractors prior to mobilization to the Place of Work. The Municipality of the County of Annapolis requires statutory declarations from subcontractors certifying that they have been paid for prior work before subsequent progress payments will be approved. The Owner is not liable for payment delays resulting from a failure on the part of the Proponent to provide this documentation.

7.12 Miscellaneous Provisions

7.12.1 Proposal Costs

Responding Proponents are responsible for all expenses they incur in preparing and submitting a proposal or in contract negotiations with the Owner Even if it elects to reject all proposals, the Owner will not be liable for any costs or damages incurred by any Proponent in preparing and submitting a proposal.

7.12.2 Applicable Statutes

This RFP is subject to a variety of public procurement requirements, including but not limited to federal and provincial records disclosure statutes. Proponent is responsible for knowing all applicable federal and provincial laws and regulations and complying therewith.

7.12.3 Errors and Omission in a Proposal

The responding Proponent is responsible for all errors and omissions in its proposal. If it discovers an error and wishes to withdraw its proposal, the responding Proponent should notify the Owner immediately. Depending on the stage of the process, the Proponent may be liable for costs incurred by the Owner in analyzing the proposal or negotiating a contract.

7.12.4 Errors and Omission in the RFP

If the Owner becomes aware of an error or omission in the RFP, it will post a notice on the website. If it discovers an error or omission after the proposals are submitted, it may (in its discretion) proceed or reissue the RFP. Even if it elects to rebid the RFP, the Owner will not be liable for any costs or damages incurred by any Proponent in preparing and submitting the original proposal.

7.12.5 Objections to RFP Terms

Any objections to RFP terms must be conveyed in writing to the Owner RFP contacts listed in Section 1 and must be submitted by the deadline for submission of questions about the RFP in Section 7.6 above.

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7.12.6 Acceptance of RFP/Proposal Content

By submitting a proposal, a Proponent certifies that it has read, understood, and agreed to all requirements, terms, and conditions in this RFP, including any and all attachments, exhibits, and appendices. A Proponent may withdraw its proposal prior to the RFP response deadline.

7.12.7 No Waiver of RFP Provisions

the Owner may, but is under no obligation to, waive any provision in this RFP at the request of a potential Proponent. Any such waiver shall apply to all potential bidders and no waiver shall constitute a waiver of any provision not specifically referenced therein.

7.12.8 Ownership and Confidentiality of Proposals

the Owner will not pay for any information requested herein and all proposals submitted become the property of the Owner Proposals will not be returned and may be subject to disclosure pursuant to law including federal and provincial statutes.

7.12.9 Indemnity and Insurance

To the extent permitted by law, the Contractor shall indemnify the Owner, its officers, agents, employees from and against all loss, cost, damages, expense and liability caused by an accident or other occurrence resulting in bodily injury, including death, sickness and disease to any person(s); or damage or destruction to property, real or personal, arising directly or indirectly from the work performed by the Proponent, its subcontractors or employees.

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8. Design, Construction, and Material Standards and Guidelines

Design, construction and Material Standards and Guidelines are provided in Schedule 4 of the CCDC Contract.