27914 Appendix I Provisions

Appendix I: Provisions and Instructions All Proposers must complete this Appendix I. by checking the boxes under each provision. In addition, this appendix must be signed by an authorized representative which will confirm compliance with each provision herein. This Appendix I. is required to be submitted with the response per RFP Section VII. Required Information/Content of Proposals.

Provisions and Instructions REPRESENTATIONS MADE BY PROPOSER: By submitting a RFP Response, Proposer represents and acknowledges that: • Proposer has read and understands this RFP and the response is made in agreement and compliance. • Proposer accepts all terms and conditions set forth herein and incorporated in the RFP Response. • Proposer possesses the capabilities, equipment, personnel, and financial wherewithal to provide an efficient and successful installation of properly operating equipment and to ensure continued maintenance and technical support services of the proposed network in compliance with NTIA grant award criteria. • The RFP response will be incorporated into the final contractual agreement.

Agree and consent to comply with this provision CONSIDERATION OF RFP RESPONSES: RFP Responses must be in compliance with the following to be considered: • The RFP response shall be typed. • Changes to the RFP format or failure on the part of the Proposer to comply with all requirements may be cause for rejection of the RFP Response. The Proposer will be considered the sole responsible party for its entire RFP Response. City of Saint Paul and Ramsey County will hold Proposer responsible for the performance of all elements of its RFP Response. Agree and consent to comply with this provision EFFECTIVE PERIOD OF PROPOSAL: All proposals submitted will remain valid for one hundred and eighty (180) days from the date of RFP Response opening, or upon execution of a contract the quoted prices will remain fixed and firm for the term of the contract. Agree and consent to comply with this provision FULL SUPPORT: The successful Proposer must provide full support for City of Saint Paul and Ramsey County in the ARRA grant request or other funding processes for Community Fiber Network at no cost to City of Saint Paul or Ramsey County. Any remuneration for this work must be requested in the ARRA grant application process and is subject to ARRA approval. Agree and consent to comply with this provision

PUBLIC PRIVATE PARTNERSHIP CONTRACT PERIOD: City of Saint Paul and Ramsey County will review Business Plans based upon Proposer written response. The projected contract duration options include five (5) years, ten (10), fifteen (15), and twenty (20 years plus optional five (5) year extensions. City of Saint Paul and Ramsey County at its sole discretion may select the desired term of the contract. Prices will be fixed for the term of the contract. Agree and consent to comply with this provision EQUIPMENT: All materials and equipment proposed shall be new, and currently in regular production. RFP Response prices shall include all items of labor, materials, tools, equipment, and other costs necessary to fully complete the network services as outlined herein. Any items omitted from the specifications that are clearly necessary for the operation of such equipment, in the opinion of City of Saint Paul and Ramsey County, although not directly specified or called for in these specifications, shall be considered a portion of such equipment. Agree and Consent to comply with this provision INDUSTRY STANDARDS AND CODES: All equipment shall be UL listed, FCC approved and registered, meet state and federal fire codes, electrical codes and NEC standards. All equipment furnished by Proposer shall be manufactured, assembled, installed and tested in accordance with the current industry standards, including as a minimum, the American National Standards Institute (ANSI), the Institute of Electrical and Electronic Engineers (IEEE), the National Electrical Code (NEC), and the Minnesota State Electrical Code. In addition, where test standards exist, all materials and equipment furnished by Proposer for electrical construction shall bear the label of the Underwriters Laboratories (UL). Agree and consent to comply with this provision CONFORMITY WITH LAWS AND ORDINANCES: All work shall be accomplished in strict conformity with all laws and ordinances applying to the operation under this contract including the latest rules and regulations of all municipal and other public authorities having jurisdiction and state electrical codes. Installation shall also meet the standard requirements of National Electrical Code (NEC), Occupational Safety and Health Administration (OSHA, Federal, and State), and the National Fire Protection Associations (NFPA). Proposer will be held to complete all work necessary and to provide all equipment required to comply with the foregoing without extra compensation. Proposer and their subcontractors employed shall be required to conform to Labor Laws of the State of Minnesota and various acts amendatory and supplementary thereto, and to other laws, ordinances, and legal requirements applicable thereto. Agree and consent to comply with this provision

PERMITS, LICENSES, AND INSPECTION FEES: Proposer must be licensed and continuously hold all required licenses throughout the contract, to perform work and shall prepare and submit to all authorities having jurisdiction for their approval all applications and working drawings required by them and obtain all necessary permits and certificates of compliance or approval issued by such authorities and deliver these to City of Saint Paul and Ramsey County, paying all necessary fees in each instance. Any work Proposer performs under this contract will fully comply with the provisions of the Federal Occupational Safety and Health Act of 1970 and to any rules and regulations pursuant to the Act. Any fines incurred as a result of Proposer’s neglecting the requirements of this paragraph shall be paid by Proposer with no compensation from City of Saint Paul and Ramsey County or other Public Partners. Agree and consent to comply with this provision SYSTEM COORDINATION: Proposer is required to coordinate all work with a City of Saint Paul and Ramsey County designated representative. Proposer shall provide full support and complete coordination with City of Saint Paul and Ramsey County to assure there are no unplanned disruptions to the existing data and telephone networks. Proposer shall also be required to isolate and correct circuit and equipment malfunctions. Agree and consent to comply with this provision BUILDING ACCESS: Proposer must make arrangements for access to City of Saint Paul and Ramsey County facilities which will not be unreasonably withheld. City of Saint Paul and Ramsey County require forty-eight (48) hour advance notification for building access. Access will be granted during the published City of Saint Paul and Ramsey County normal business hours and/or made be arranged at other times at the sole discretion of City of Saint Paul and Ramsey County. Agree and consent to comply with this provision PERSONNEL QUALIFICATIONS: A description of the background and qualifications of the project manager, on-site network engineers, and installation coordinators assigned to this project is required. Personnel changes may not be made without the prior written approval of City of Saint Paul and Ramsey County. Please include this information in your responses to Appendix B. Agree and consent to comply with this provision INSURANCE REQUIRED: The selected Proposer/contract holder will be required to provide certificates of liability insurance within 10 days of receipt of the intent to award letter. The contract shall be effective only upon approval by Ramsey County and City of Saint Paul of acceptable evidence of the insurance required below, issued by insurers duly licensed within the State of Minnesota. Such insurance shall be in force on the date of execution of the contract and shall remain continuously in force for the duration of this contract. The Proposer will provide, at the Proposers own expense, comprehensive general liability insurance for, and in behalf of themselves and City of Saint Paul and Ramsey County. The minimum amounts of such comprehensive general liability insurance shall be consistent with the Terms and Conditions contained in Appendix F. Agree and consent to comply with this provision

PERFORMANCE AND PAYMENT BOND: Upon final approval to proceed with CFN implementation, the selected Proposer/contract holder shall be required to furnish City of Saint Paul and Ramsey County with a performance and labor and materials bond in the form required by law, in the full amount of the first two years of the contract or the anticipated quantities and unit prices as determined by City of Saint Paul and Ramsey County. This bond shall guarantee the proper execution and completion of the work, and shall further guarantee the prompt payment of all persons or firms furnishing labor, tools, materials, and supplies for the work.

Agree and consent to comply with this provision This bond shall be kept effective and in full force for the first two years of the contract. The bond shall make the Proposer’s sureties responsible for the satisfaction of the work against faulty workmanship or defective materials. Final contract payment shall not relieve the sureties of responsibilities for the work through collusion, faulty workmanship, or inferior materials for a period of one (1) year after the final contract payment has been made by City of Saint Paul and Ramsey County. Agree and consent to comply with this provision SINGLE PROPOSER RFP RESPONSE: City of Saint Paul and Ramsey County require that a single Proposer provide all services. A Proposer may partner with another manufacturer or Respondent in a subcontract arrangement, however all contracts with City of Saint Paul and Ramsey County shall be with the selected Proposer/contract holder. Agree and consent to comply with this provision CONTRACTS: City of Saint Paul and Ramsey County are requesting one contract for services. If more than one contract form is required by the selected Proposer, then the selected Proposer will sign a master agreement with City of Saint Paul and Ramsey County, with any required selected Proposer documents executed as attachments to the Master agreement. Agree and consent to comply with this provision REPORTING COMPLIANCE: The selected Proposer/contract holder will comply with all ARRA and NTIA management reporting and accounting requirements. At a minimum, City of Saint Paul and Ramsey County will require monthly billing and account management meetings during the implementation and first year of service. Quarterly reviews, at a minimum will be required by City of Saint Paul and Ramsey County thereafter. Agree and consent to comply with this provision NO ASSIGNMENT: The Proposer shall not assign the whole or any part of the contract or any moneys due or to become due hereunder or information technology support service without written consent of City of Saint Paul and Ramsey County.

Agree and consent to comply with this provision PROPOSER’S RECORDS: The books, records, documents, accounting procedures and practices of the selected Proposer/contract holder relevant to the contract are subject to examination by City of Saint Paul and Ramsey County or their designated representative, the SLD, and the State Auditor or Legislative Auditor. These examinations are ‘as deemed appropriate’ and for six years after final payments are made and all other pending matters are closed. Agree and consent to comply with this provision HOLD HARMLESS: The Proposer agrees to defend and hold City of Saint Paul and Ramsey County harmless from any claims, demands, actions or causes of actions arising out of any act or omission on the part of the Proposer, subcontractors, its agents or employees in the performance of or with relation to any of the work or services provided, to be performed or furnished by the Proposer under the terms of this agreement. Agree and consent to comply with this provision COMPLIANCE: The Proposer agrees to comply with all Federal, State and Local laws, ordinances and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the company’s performance of the provisions of this agreement. Agree and consent to comply with this provision CONTRACT DISPUTE RESOLUTION: Contract disputes are subject to mediation or action at law. Agree and consent to comply with this provision SERVICE LEVEL AGREEMENT: Service level agreements will be established for all service types. Proposer suggested service levels and schedules and City of Saint Paul and Ramsey County requirements will used to establish to Service Level Agreement. Agree and consent to comply with this provision RECEIPT AND WAIVER OF MECHANICS LIEN RIGHTS: Proposer and any subcontractor shall provide City of Saint Paul and Ramsey County with a Receipt and Waiver of Mechanics Lien Rights prior to payment for all material, equipment, labor, and components billed. Agree and consent to comply with this provision TAXES: Proposer shall pay unemployment and Social Security taxes or other taxes imposed by Local, City, State, or Federal governments and certify to City of Saint Paul and Ramsey County that such taxes have been paid before final payment shall be made by City of Saint Paul and Ramsey County.

Agree and consent to comply with this provision

PROJECT MANAGEMENT: Proposer is required to provide a lead project manager to be the primary, single point of contact for all City of Saint Paul and Ramsey County installations. This person should have PMP or recognized certification; at least five (5) years of project management experience, and be highly skilled in the communication and coordination of multiple projects. Personnel changes may not be made without the prior approval of City of Saint Paul and Ramsey County. Agree and consent to comply with this provision JOB PROGRESS, COMPETENT PERSONNEL AND SUPERVISION: Selected Proposer/contract holder shall continuously execute his/her work in a manner as to effect the earliest possible completion date consistent with the project requirements. It shall be the responsibility of selected Proposer/contract holder to coordinate his/her work with equipment delivery, other subcontractors working on the project, and persons doing business in the building or on the premises as approved by City of Saint Paul and Ramsey County designated representative. Selected Proposer/contract holder may not interrupt City of Saint Paul and Ramsey County employee or contractor activities and must coordinate all onsite activities with the Principal or Administrative manager of the facility. All work shall be performed by skilled technicians capable and competent to perform the highest grade of workmanship. Selected Proposer/contract holder’s Project Manager and staff shall familiarize themselves with the implementation plan in order that the work will be properly coordinated. The Project manager shall be responsible for directing the work. The Project manager shall represent Selected Proposer/contract holder and all instructions given to the Project Manager shall be binding. Bi-weekly written updates will be required. Agree and consent to comply with this provision WORKBOOK INSTRUCTIONS: Refer to Appendix B for Proposer Questionnaire Workbook. Proposer will adhere to additional instructions provided in workbook.

Agree and consent to comply with this provision

By: Signature:__________________________________________ Date: _________________________________ Print Name: ________________________________________ Title: _________________________________