REQUEST FOR PROPOSALS FOR

BROADBAND NETWORK CONSTRUCTION FOR THE

MUNICIPALITY OF THE COUNTY OF KINGS Provincial Procurement Site Reference: RFP 20-13 April 29, 2020

MUNICIPALITY OF THE COUNTY OF KINGS 181 COLDBROOK VILLAGE PARK DRIVE

COLDBROOK, NOVA SCOTIA B4R 1B9

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1 Background The Municipality of the County of Kings (the Municipality) is seeking an expert and experienced fibre-optic telecommunications construction firm to construct an open-access middle-mile fibre-optic backbone for the Connected Kings initiative. This project is jointly funded by the Municipality and the Connect to Innovate program.

The construction of this network will create the following assets that will be made available to competitive service providers:

POP sites: Competitive service providers will be offered access under commercial agreements to these POPs for equipment colocation and access to Layer 1 optical transport services.

Fibre-optic cable: Competitive service providers will be offered access under commercial agreements to optical strands within one or more fibre-optic cables installed along the route. One tube is to be reserved for transport while the remainder are available for distribution along the length of the network. Access to optical strands will be made available at splice closure locations, reserve loops, and POP sites.

It is expected that competitive service providers will make use of POP sites to house equipment and interconnect with network fibre strands. They may then use the distribution tubes or overlash distribution cable along the network cable route and/or build their own telecommunications infrastructure in areas where potential total subscriber density warrants. Certain competitive service providers may choose to use wireless or other technologies for subscriber last mile access.

The Municipality has previously awarded contracts for network engineering services and for optical transport equipment. The successful Proponent to this RFP is required to construct the network to specification and deliver a functional optical transport network using the selected technology.

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2 Requirements The following is an overview of the minimum requirements only. Proponents are required to submit a full methodology of their proposed construction plan.

2.1 Scope of work overview

Project Management

Procurement of materials not otherwise supplied

Traffic-control

Installation of pole attachments

Aerial installation and anchoring of messenger cable

Installation of fibre-optic splice closures

Lashing of fibre-optic cable

Trenching

Directional-boring

Bury of conduit and caution tape

Direct-bury of armoured cable and caution tape

Installation of fibre-optic cable in conduits

Construction of PoP sites including culvert and concrete pad

Installation of supplied cabinets on pads at exterior PoPs

Installation of supplied racks at interior PoPs

Fibre-optic splicing and termination

OTDR and (chromatic dispersion) CDPMT testing of fibres

Installation of supplied optical networking equipment

Coordinate configuration of networking equipment with manufacturer

Demonstrate complete and proper functioning of network to the Municipality through acceptance testing

Provide as-built documentation

2.2 The network consists of three routes as shown in the maps on the following pages. Detailed construction drawings for each route will be provided upon registration with the Project Manager.

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2.3 Proponents are responsible for construction or installation of POPs at the following locations

POP Name Location Type

GTT 7071 Bayers Road, Halifax Rack in data centre

Windsor 100 King Street Rack in server room

Coldbrook 181 Coldbrook Village Park Drive Rack in server room

North Grand Pré West Long Island Road at Evangeline Beach Road Cabinet on pad

Woodville Woodville Road at Bligh Road Cabinet on pad

Canada Creek 10 Wall Street Cabinet on pad

2.4 Optical networking equipment will be supplied by the Municipality and should not be included in the cost. All POPs will use the ADVA FSP 3000 platform. Details of equipment to be installed at each location will be provided upon registration with the Project Manager.

2.5 All fibre-optic cable shall be ITU-T G.652D supplied by either Corning or CommScope. Cable shall be loose-tube and contain either 144 or 72 fibres as indicated on construction diagrams.

2.6 Estimated requirements for major components of the network are as follows. Miscellaneous items have not been listed. It is the responsibility of all Proponents to verify these requirements and to cost and include all needed materials in the Proposal regardless of their inclusion or exclusion in this table.

Material Quantity

144F loose-tube dialectric armoured fibre-optic cable (ITU-T G.652D) 2,983m

72F loose-tube single armoured fibre-optic cable (ITU-T G.652D) 3,190m

144F loose-tube dialectric non-armoured fibre-optic cable (ITU-T G.652D) 79,348m

72F loose-tube single non-armoured fibre-optic cable (ITU-T G.652D) 1,414m

6m messenger cable 21,525m

In-ground HDPE conduit 250m

Anchors 25

Down-guys 77

CommScope 450D fibre-optic splice closures 47

2.7 All supplied materials must meet construction specifications and conform to required CSA, NEMA, UL and other applicable codes.

2.8 Proponents must designate a Project Manager to serve as the main point of contact with the Municipality. Project Manager is responsible for the timely and correct delivery of the project.

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2.9 Proponents are responsible for all sub-contracting where required. Sub-contractors must meet same standards as Proponent and are required to be properly registered to perform the work being contracted.

2.10 Proponents must list all sub-contractors involved in the project and describe their role. Listed sub-contractors may be changed at a later date upon mutual agreement of the Proponent and the Municipality.

2.11 All work must conform to Construction Safety Nova Scotia and Department of Labour requirements.

2.12 Proponents are responsible for required traffic control measures and must coordinate the work with required authorities such as Transportation and Infrastructure Renewal.

2.13 Workers must at all times practice accepted norms of roadside work safety, including use of amber positioning lights on vehicles, reflective clothing and appropriate personal protective equipment for the task being undertaken.

2.14 Proponents must be registered and in good standing with the Worker’s Compensation Board of Nova Scotia.

2.15 Barring delays outside of Proponents control, Proponents must be able to complete the work, including final acceptance of the network, by February 28, 2021.

2.16 Proponents must provide bid security in the amount of 10% of the Total Amount Payable with Proposal in the form of a certified cheque or money order payable to the Municipality, or a bid bond.

2.17 Prior to commencement of work the selected Proponent must provide the Municipality a Performance Bond and a Labour and Material Payment Bond, each in the amount of 50% of the project price. Proponents should include the cost of such security in the project price. Should it become apparent that the final cost of the project will exceed the project price by more than 10%, the successful Proponent shall arrange to have the security reissued based on the final project cost.

2.18 General terms and conditions are listed in Appendix A. By submitting a response to this RFP Proponents certify their understanding and compliance with the terms and conditions.

2.19 The successful Proponent shall be required to sign the Form of Agreement contained in Appendix B upon Notice to Proceed.

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3 Proposal Format and Submission 3.1 To prevent the spread of COVID-19 submissions will only be accepted as a digital package submitted by

e-mail directly to the Project Manager at cwest@countyofkings.ca. E-mail subject must include the Proponent name and RFP 20-13 reference number.

3.2 Digital package should be a zip file containing all proposal documents. The filename should include an abbreviated form of the Proponent name and the RFP 20-13 reference number. If the file is too large for a single e-mail it may be split into multiple parts and sent as multiple e-mails so long as the e-mail subject and file names additionally reference the part number and the total number of parts.

3.3 Submission through a file sharing service such as Dropbox will not be accepted.

3.4 Proposals must be received no later than 2pm ADT on May 25th, 2020. The Municiaplity is not responsible for any technical issues related to sending or receiving of e-mail. In the event that there is some question as to the exact time of receipt the e-mail received timestamp shall be used.

3.5 It is the Proponent’s responsibility to ensure that their submission is complete and is delivered to the Municipality by the date and time indicated. Proposals submitted after the indicated time will be ignored.

3.6 Proposals must not contain links to external information such as websites. Proposals will be evaluated only on information contained directly in the submitted files.

3.7 Where possible proposal documents should be submitted in portable document format (PDF).

3.8 All expenses incurred in the preparation and presentation of submissions are entirely the responsibility of the Proponent. This includes but is not limited to labour, materials and the cost of site visits if applicable.

3.9 Changes to submissions will be accepted up to the submission deadline and should consist of an updated version of the entire package. Changes submitted after the deadline will be ignored.

3.10 Main proposal document must include the following, structured as indicated

Title Page

One to two page Executive Summary

Table of contents

Main body of proposal including a summary of self-understanding of requirements from Section 2 and certification that the requirements will be met.

Detailed timeline including project milestones.

Three references including contact name, phone number and e-mail address, a description of the work performed and the date of project completion.

Identification of key team members including Proponent’s authorized agent designated to discuss and possible negotiate elements of the response, and the Project Manager.

Appendices.

3.11 The following additional information must be provided in either an Appendix of the main proposal document or as a separate file in the digital package. All files must be clearly named.

Resumes for key team members.

Business registration profile.

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Proof of general liability insurance not less than $5 million.

Bid security.

3.12 Contract price must be submitted as a separate document within the package and include:

Lump sum overhead cost (Project management, performance security, administration, etc…).

Bill of materials including anticipated quantities and unit costs.

4 Evaluation 4.1 Recording of submissions shall be conducted publicly via teleconference at 3pm on May 25, 2020.

Toll-free dial-in number (Canada/US): 1 855-453-6962 Conference ID: 6620664 The name of each Proponent shall be read and recorded. Since price is not the sole deciding factor, no pricing information shall be disclosed or recorded at this meeting.

4.2 Proposals will be evaluated by staff of the Municipality and a recommendation submitted to Municipal Council.

4.3 Evaluation of proposals will be a 2 step process. Step 1 is the proposal evaluation based on the following criteria, totalling 100 points:

Schedule — 40 points Statement of Work (Understanding Objectives) — 30 points Experience — 30 points

Step 1 will count for 50% of the final evaluation score.

Step 2 is the evaluation of the proposed fee. The proposal with the lowest cost will receive 100 points, and all other proposals will be ranked on a linear relationship such that a proposal at twice the cost would receive half the points.

Step 2 will count for 50% of the final evaluation score.

4.4 The selection of one Proponent over others does not mean that the other proposals lacked merit, but that all factors considered, the selected proposal was deemed to provide the best value.

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5 Administrative 5.1 Project schedule

Issue Date: April 29, 2020 Deadline for questions: May 13, 2020 Submission deadline: May 25, 2020 at 2pm ADT Recording of submissions: May 25, 2020 at 3pm ADT Date of award: June 3, 2020 Substantial project completion: February 28, 2021

5.2 Project Manager All communication with the Municipality for the purposes of this RFP shall be directed to the Project Manager using the following contact information: Chad West Manager of Information Technology Municipality of the County of Kings Phone: 902-670-4858 E-mail: cwest@countyofkings.ca

5.3 All questions must be in writing and directed to the Project Manager. A Proponent must confirm telephone conversations in writing.

5.4 Proponents are not to directly contact or lobby members of the Municipality with respect to their submissions. Any such action shall result in disqualification of a Proponent’s submission.

5.5 If an addendum is issued, it will be provided to all those who have registered with the Project Manager and posted on the procurement website. Information obtained from sources other than the above is not official and may be inaccurate.

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Appendix A Terms and Conditions

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The following is the general terms and conditions for the Request for Qualifications (RFQ) except as modified by addenda issued by the Municipality of the County of Kings (Municipality) prior to the RFQ closing date.

1 Notices 1.1 By submitting a response to the RFP, the Proponent represents and warrants that such proposal is

genuine and not false and collusive or made in the interest or in behalf of any person therein named, and that the Proponent has not, directly or indirectly, induced or solicited any other Proponent to put in a false proposal, or any other person, firm or corporation to refrain from submission, and that the Proponent has not in any manner sought by collusion to secure to the Proponent an advantage over any other Proponents.

1.2 If at any time it shall be found that the person, firm or corporation to whom a contract has been awarded has in presenting any proposal, colluded with any other party or parties, then the contract so awarded shall be liable to the Municipality for all loss or damage which the Municipality may suffer thereby; and the Municipality may advertise for a new contract and for said labour, supplies, materials, equipment or service. Unauthorized conditions, limitations or provisions attached to an RFP may cause its rejection.

1.3 The Proponent, by submitting a proposal, shall represent and warrant that he / she has sufficiently informed themselves in all matters affecting the performance of the work or the furnishing of the labour, supplies, materials, equipment, or service called for in the RFP documents; that he/she has checked their proposal for errors and omissions; that the amounts stated in his/her proposal are correct.

1.4 The Proponent shall confirm in their submission that the Proponent agrees to abide by the terms and conditions outlined in the RFP. Submissions which do not have this confirmation will not be considered.

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2 Privilege 2.1 The Municipality reserves the right to suspend or cancel any RFP at any time for any reason without

penalty.

2.2 The Municipality reserves the right to reject any and all proposal or accept any proposal or part thereof and may award all or a portion of the work to one or more Proponents.

2.3 The Municipality reserves the right to accept other than the lowest fee offered.

2.4 The Municipality reserves the right to award a contract on the basis of the initial offers received, without discussions or requests for best or final offers.

2.5 The Municipality reserves the right to waive any informalities, formalities, technicalities or to reject any or all proposals based on the Bidder’s lack of proven experience, performance on similar projects or the suitability of proceeding with the execution of the work.

2.6 In the event that a number of Proponents submit proposals in substantially the same amount or score, the Municipality may, at its discretion, call upon those Proponents to submit further bids.

2.7 The Municipality reserves the right to inspect any products supplied as a result of this RFP, either during or after manufacture and delivery, and shall be the sole judge as to whether product supplied meets specifications.

2.8 The Municipality reserves the right to reject any Proponent if after an investigation of the evidence submitted by the Proponent fails to satisfy the Municipality that the Proponent is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

2.9 No term or condition shall be implied, based upon any industry or trade practice or custom, any practice or policy of the Municipality or otherwise, which are inconsistent with the provisions contained herein.

3 Confidentiality 3.1 RFP documents (including all attachments and appendices) may not be used for any purpose other

than the submission of a proposal.

3.2 By submitting a proposal, the Proponent agrees to public disclosure of its contents subject to the provisions of the Municipal Government Act relating to Freedom of Information and Protection of Privacy. Anything in the submission that the Proponent considers to be “personal information” or “confidential information” of a proprietary nature should be marked confidential and will be subject to appropriate consideration of the Municipal Government Act as noted above.

3.3 The work described in any RFP is being conducted with public funds, and the fees and expenses proposed in the Proponents submission will be made public.

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4 Law 4.1 The law applicable to the RFP and any subsequent agreements shall be the law in force in the Province

of Nova Scotia.

4.2 In responding to the RFP, bidders warrant their compliance with all appropriate Municipal, Provincial and Federal regulations, laws and orders.

4.3 Respondents must agree to indemnify the Municipality and its employees if they fail to comply, and the Municipality reserves the right to cancel any agreement arising from the RFP if the proponent fails to comply with the above.

4.4 The successful Proponent shall indemnify the Municipality, its officers and employees against and damage caused to the Municipality as a result of any negligence or unlawful acts of the successful Proponent, its employees, agents or manufacturer of the products sold to the Municipality. Similarly, the successful Proponent shall agree to indemnify the Municipality, its officers and employees against any claims or costs initiated by third parties as a result of any negligence or wrongful acts of the successful Proponent, its employees, agents or manufacturer of the products sold to the Municipality.

5 Quotations 5.1 Prices must be in Canadian funds, and shall include all handling, freight, duty, and any other charges,

which are applicable at time of award. It is the responsibility of the Proponent to find out from the appropriate authorities what rates and charges are applicable to this proposal.

6 Payment 6.1 Reimbursement will be on a lump sum basis that may be invoiced on a percentage basis throughout

the project. The Bidder is to submit a completed “Progress Claim” form provided by the Municipality with the Proponents invoice attached. Payment requests submitted without this documentation will not be accepted.

7 Data and Documents 7.1 All data materials, information collected and work products created (i.e. drawings, calculations,

reports) either directly for, or in support of the work outlined in the RFQ is the property of the Municipality. The Proponent shall not be permitted to publish or in any way use said information without the expression or final approval of the Municipality of the County of Kings.

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Appendix B Form of Agreement

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FORM OF AGREEMENT – FIBRE-OPTIC BROADBAND NETWORK CONSTRUCTION This Agreement made on the ______ day of __________ in the year_____. BY AND BETWEEN MUNICIPALITY OF THE COUNTY OF KINGS (hereinafter called the "Client") And _______________________________ _______________________________

_______________________________ (hereinafter called the "Contractor") The Client and the Contractor agree as follows: 1. We agree to be bound by and comply with the provisions included in this Form and the attached

Terms of Reference and submitted Proposal for RFP 20-13 hereafter referred to as the “Contract Documents”.

2. The Contractor shall perform the Work specified in the Contract Documents, for which the Agreement has been signed by the parties.

3. The Contract supersedes all prior negotiations, representations or agreements, either written or oral relating in any manner to the work.

4. The estimated Contract Price is $___________ (Canadian Funds) excluding HST. This constitutes maximum amounts payable to the Contractor for its performance of the Services, and the Contractor shall not be entitled to any additional compensation for its performance as described in this Agreement.

5. Without limited the generality of the Section 4, the Contract Price may be modified if both parties agree in writing to amend the work outlined in the Contract Document, including the Contractor performing additional services at the request of the Client.

6. The Contractor is an independent contractor and not the servant, employee, partner or agent of the Municipality.

7. Notices in writing between the parties shall be considered to have been received by the addressee on the date of delivery if delivered to the individual, or to a member of the firm, or to an officer of the corporation for whom they are intended by hand, or by registered post; or if sent by regular post, to have been delivered within five (5) working days of the date of the mailing when addressed as follows:

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.1 The Client at:

Municipality of the County of Kings 181 Coldrook Village Park Drive, Coldbrook, NS B4R 1B9 Fax: (902) 679-0911

.2 The Contractor at: _______________________________

_______________________________

_______________________________

8. The aforesaid Contract Documents are to be read into and form part of the Agreement and the

whole shall constitute the Contract between the parties and subject to law and the provisions of the Contract Documents shall enure to the benefit of and be binding upon the parties hereto, their respective heirs, legal representatives, successors and assigns.

9. No action or failure to act by the Client or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

10. Time shall be construed as being of the essence in this Contract.

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IN WITNESS WHEREOF the parties hereto have executed this Agreement under their respective corporate seals and by the hands of their duly authorized representatives.

SIGNED, SEALED AND DELIVERED In the Presence of:

OWNER (SEAL)

________________________________ Name of Owner

WITNESS ________________________________ ________________________________ Signature Signature ________________________________ ________________________________ Name and Title of Person Signing Name and Title of person Signing

________________________________ Signature

________________________________

Name and Title of person Signing

CONTRACTOR (SEAL)

________________________________ Name of Contractor WITNESS ________________________________ ________________________________ Signature Signature ________________________________ ________________________________ Name and Title of Person Signing Name and Title of person Signing

________________________________ Signature

________________________________

Name and Title of person Signing

N.B. Where legal jurisdiction, local practice or Owner or Contractor requirements calls for (a) proof of authority to execute this document, attach such proof of authority in the form of a certified copy of a resolution naming the representative(s) authorized to sign the Agreement for and on behalf of the corporation or partnership, or (b) the affixing of a corporate seal, this Agreement should be property sealed.