OXNARD UNION HIGH SCHOOL DISTRICT

Transcription

1 WIDE AREA NETWORK REQUEST FOR PROPOSALS #548 FOR THE OXNARD UNION HIGH SCHOOL DISTRICT Page 1

2 Table of Contents RFP Advertisement... 3 E Rate Requirement and Form and Content of RFP Introduction, Requirements, Goals, Award, Scope, Locations Appendix A Qualifications Appendix B Proposal Form/Attachment Appendix C Compliance Form Information for Proposers Bid Bond Designation of Subcontractors General Information References Worker s Compensation Non Collusion Affidavit Fingerprint Form Page 2

3 OXNARD UNION HIGH SCHOOL DISTRICT NOTICE TO BIDDERS NOTICE IS HEREBY given that the Board of Trustees of the Oxnard Union High School District at 309 South K Street, Oxnard California will receive sealed RFP responses marked RFP #548 for WIDE AREA NETWORK up to, 2:00 p.m. on 2/10/17 for furnishing all materials, labor, and equipment required for the above mentioned items. Each RFP shall be in accordance with specifications and other contract documents on file for examination in the office of the Director of Purchasing of the Oxnard Union High School District, 309 South K Street, Oxnard, CA. Companies considering submitting proposals may obtain copies of Specifications at the Oxnard Union High School District, 309 South K Street, Oxnard, CA in the office of the Director of Purchasing, or on the Oxnard Union High School District website listed below. The following dates reflect the tentative schedule for the project: Request for Information (RFI) deadline 2/1/17; 4:00 p.m. Proposals Due 2:00 p.m. (Purchasing Department) Tentative Contract Approval by Board 3/1/17 Installation Start - SUBJECT TO FUNDING, but not before July 1, 2017 Questions concerning this RFP will be answered as soon as practical and should be directed via to Deanna Rantz, Director of Purchasing at deanna.rantz@ouhsd.k12.ca.us RFP Documents can be obtained at: Each RFP response shall be prepared on the required forms obtained in the RFP documents and accompanied by cash, a cashier s or certified check, U. S. Money Order, or bid bond for ten (10%) percent of the amount of the RFP made payable to the order of the District as guarantee that the company will enter into a contract satisfactory to the Board of Trustees of said District if awarded the said contract upon Notification of Award. The Board of Trustees reserves the right to accept or reject any or all RFP responses, or any part of any RFP response, and to waive any informality or irregularity and to sit and act as sole judge of the merit and qualifications of the materials or services offered. No company may withdraw his bid check or bond for a period of sixty, (60) days after date set for opening thereof. Advertisement Dates: 1/9/17 & 1/16/ Page 3

4 E-RATE REQUIREMENTS The project herein is 100% contingent upon the approval of funding from the Universal Service Fund s Schools and Libraries Program, otherwise known as E rate. The successful bidder agrees to bill and receive a portion of the payment for the provisions of goods and services described herein directly from the Universal Service Administrative Company ( USAC ), and/or the Schools and Libraries Division ( SLD ) via the Form 474 Service Provider Invoice (SPI). The District will NOT file a Form 472, and will only be responsible for paying its non discounted share of costs. Should the District, at the time of project implementation, decide that it is in the best interest of the District to file a Form 472, the District will inform the vendor of its intention. The District and the successful bidder will act in a reasonable manner and comply with any Schools and Libraries Universal Service Fund Program requirements. Even after award of contracts, the District may or may not proceed with the project, in whole or in part, even in the event E rate funding is approved. Execution of the project, in part or in whole, is solely at the discretion of the District. Vendors wishing to respond, do so solely at their own risk. The District is not liable or responsible for any costs, loss, fees, or expenses, of any kind, associated with this RFP and/or a decision not to proceed with the project, even after award of the contracts. By submitting a RFP, each vendor agrees to bear all of its own costs, fees, expenses, and losses, of any and all kinds, should the District cancel the project. FORM AND CONTENT OF RFP 1) The RFP must be submitted in accordance with the instructions contained herein. Each question or statement in the RFP must be responded to with language such as Company Name has read, understood and will provide as specified. All required forms must be submitted with this RFP. 2) Respondents are cautioned that RFP responses which do not follow the form required by this RFP will be subject to rejection without review. However, respondents may include any additional material they wish. 3) The respondent must submit their responses to the RFP in a sealed package marked RFP #548 WIDE AREA NETWORK to the Attention of Deanna Rantz, Director of Purchasing, no later than 2:00 p.m.. The RFP response must include all required appendices and forms. Failure to submit these items with your RFP response will deem the RFP package unresponsive and may result in immediate rejection of the RFP response. Submit one (1) original and five (5) copies of your RFP response in binders. One (1) electronic version of your RFP response or CD of the submitted RFP must also be included in package. RFPs received after the due date and time will be rejected and returned to the vendor un-opened. The District is not responsible for late RFPs nor is it responsible for costs incurred by the vendor for materials, shipping or any other items related to preparing this RFP. 4) Respondents must submit a Bid Bond as part of the RFP package. Each RFP shall be accompanied by a certified cashier s check or bid bond issued by an admitted surety insurer in the amount of not less than ten percent (10%) of the total RFP amount stated in the RFP Page 4

5 5) Questions must be directed to Deanna Rantz, Director of Purchasing via only at All Requests for Information (RFI s) must be put in writing and ed to the Director of Purchasing by the date and time specified. RFI responses will be ed to the vendor asking the question and posted on the District website at 6) Forms that are required to be submitted with this RFP are listed below. Failure to supply all required forms may result in rejection of vendor s RFP response. The required forms are: o Appendix A Qualifications o Appendix B Pricing o Appendix C Compliance Form o RFP Form o Bid Bond o Designation of Subcontractors o General Information o References o Worker s Compensation o Non-Collusion Affidavit o Fingerprint Requirement Page 5

6 INTRODUCTION The Oxnard Union High School District from now on referred to as District, desires to lease a high speed state of the art fiber optic network system among its various sites. This connectivity is designed to accommodate both the present and future digital application needs. The intent is to achieve an industry standard based infrastructure which will enhance educational and administrative activities at all sites with the flexibility and support of future needs and activities. The District is soliciting qualified telecommunications service providers to submit an installation and ongoing service RFP for (including, but not limited to) equipment racks, digital equipment, data cabling, and associated termination equipment as required. All equipment included in this request will be owned and maintained by the awarded service provider with no option for transfer of ownership to the lessee. This project is entirely contingent upon available funding from the federal E-Rate program (Schools and Libraries Division) and the California Teleconnect Fund (CTF). The Oxnard Union High School District may or may not undertake the project at its sole discretion. In addition, The District will require that the awarded service provider ensure that all eligible components of service are filed with the California Public Utilities Commission (CPUC) and maybe eligible for the California Teleconnect Fund (CTF) discount. E-RATE REQUIREMENT The Telecommunications Act of 1996 established a fund by which Schools and Libraries across the Country could access discounts on eligible telecommunications products and services. The program is commonly known as the E-Rate Program. The eligibility for discounts on internet access, telecommunications products and services, and internal connection products, services and maintenance is determined by the Federal Communications Commission (FCC). Funding is made available upon application approval by the Schools and Libraries Division (SLD) of the Universal Service Corporation, which was established by the Act. The amount of discount is based on the numbers of children receiving free and reduced price meals. OUHSD has applied for E-Rate discounts since the program s inception. Suppliers are required to be in full compliance with all current requirements and future requirements issued by the SLD for participation in the E-Rate program throughout the contractual period of any contract entered into with OUHSD as a result of this RFP. Additionally, respondents are required to submit the following to substantiate E-Rate Service Provider compliance. Proposers Service Provider Identification Number (SPIN) Service Provider Annual Certification (SPAC) verification (2014/2015 and/or 2015/2016) o (SPIN contact page from USAC website will suffice) Verification that the proposer is an eligible telecommunications provider (Y) for the telecommunications aspect of this RFP Page 6

7 o (SPIN contact page from USAC website will suffice) Proof that Proposer is not on FCC Red-Light Status o Requires FCC Registration Number and documentation from FCC. Information can be accessed at o PROJECT GOALS This project encompasses the following: 1. The installation of secure and dedicated terrestrial based fiber optic connectivity among the The District Office which is the aggregate center of the wide area network (1) and (10) remote locations. 2. All sites ((9) + 2) shall have a minimum data connection to the network. 9 sites should have a minimum of 10 Gigabit (10,000 Mbps). However, the +2 sites will have 1 Gigabit (1000 Mbps) capability. 3. The service provider is responsible to obtain all necessary right of ways necessary to this project. 4. During the term of this contract, any changes in the routing of the fiber cable due to city infrastructure changes and/or requirements (street widening, new underground cabling requirements, etc.) will be the responsibility of the service provider at no expense to The District. 5. The vendor will guarantee a 4 hour response time on all network outages. 6. The maximum of a five (5) year contract shall be provided with all installation charges clearly identified. Future contracts and/or renewals will be at the discretion of the The District. 7. Although this is a five (5) year contract, include the monthly costs beginning in year six (6). AWARD CRITERIA may include but is not limited to: 1. 60% Price 2. 20% Experience 3. 20% Qualifications (Appendix A) SCOPE OF PROJECT Please provide the installation and monthly (ongoing) cost RFPs for this 5 year project as follows: Page 7

8 1. WIDE AREA NETWORK: A terrestrial based 10 Gigabit (10,000 Mbps) fiber optic connectivity (minimum) from the network to the following 9 sites and (+2) sites will have a minimum of 1 Gigabit (1000 Mbps) connectivity: a. List of Locations with addresses i. Oxnard Union High School District 309 South K Street, Building B, Oxnard CA Telephone: ii. Adolfo Camarillo High School 4660 Mission Oaks Blvd., Camarillo, CA Telephone: iii. Channel Islands High School 1400 Raiders Way. Oxnard, CA Telephone: iv. Frontier High School 545 Airport Way, Camarillo, CA Telephone: v. Hueneme High School 500 Bard Road, Oxnard, CA Telephone: vi. Oxnard High School 3400 West Gonzales Road. Oxnard, CA 9303 Telephone: vii. Pacifica High School 600 E. Gonzales Road. Oxnard, CA Telephone: viii. Rancho Campana High School 4235 Mar Vista Drive Camarillo, CA Telephone: ix. Rio Mesa High School 545 Central Avenue, Oxnard, CA Telephone: x. Oxnard Adult School (+2 sites) Hueneme Road Campus 527 Hueneme Rd, Oxnard, Ca xi. Camarillo Academy of Progressive Education (+ 2 Sites) 777 Aileen Street. Camarillo, CA Telephone: The main District Office is to serve as the aggregate point for the network. The service may be delivered to the aggregate point at the design of the service provider as long as the minimum specified bandwidth is delivered Page 8

9 3. Proposals must include the attached pricing worksheet. Please include the installation (one time) costs and monthly (ongoing) costs for all sites. Installation costs may be amortized into the monthly recurring charges. 4. The Minimum Point of Entry (MPOE) and Demarcation point at each site and the Data Center at the main District Office shall be determined by Oxnard Union High School District technical staff. All cost proposals must include pricing to install services to the MPOE and Demarcation point. All sites shall terminate on an RJ-45 standard Ethernet jack or Gigabit handoff. 5. Any network outage resolution shall be coordinated with The District technical staff. 6. An uptime guarantee of 99.95% or better shall be provided on a 24x7 basis average over a seven day period. 7. The circuits shall be capable of carrying multiple data services such as computer networks, voice over IP, digital video, etc. 8. All equipment necessary to provide this connectivity shall be provided with no option of transfer of ownership to The District. 9. All vendor equipment installed shall be under repair maintenance at no cost to The District for the life of the contract agreement. 10. Services cannot commence before July 1, 2017 and or will begin upon receipt of the Funding Commitment decision letter from the Schools and Libraries Division. 11. The vendor shall proved three (3) references consisting of similar work and scope. 12. The RFP closing date/time will be 2/10/17 at 2:00 p.m Page 9

10 APPENDIX A QUALIFICATIONS RFP #548 WIDE AREA NETWORK THIS FORM MUST BE SUBMITTED WITH YOUR RFP Failure to submit this form with your RFP will deem the RFP unresponsive and may result in immediate rejection of the RFP. Please provide responses to the following questions as well as details to offer a comprehensive representation of your company and its services. 1. The vendor must be able to guarantee network availability at least 99.5% of the time in a calendar month, and packet delivery of 99.5% or greater, except for outages caused by the customer s equipment, fiber cuts by third parties, acts of God, or other Force Majeure events. Yes/No Please elaborate: 2. Does your company monitor network services 24 hours per day, seven days per week, 365 days per year? Please elaborate: 3. Can your company ensure OUHSD 99.95% for network service availability during each week of service provided with network service latency across your company s network, facilities and services not to exceed 30 milliseconds maximum? Please elaborate: 4. Is your company able to provide, at no additional charge, immediate notification to OUHSD network department representative of any and all service outages or anomalies which affect the use of the facilities, circuits, or network within OUHSD? Please elaborate: 5. Please provide the process for OUHSD to report any problems with the facilities, circuits, and network services including the minimum response time. Please elaborate: Page 10

11 6. Provide details regarding your company s service center, including, but not limited to, staffing experience, process and priority service. Please elaborate: 7. Your company will provide a non-performance policy with OUHSD which provides OUHSD a monthly credit equal to two times the monthly rate multiplied by the percentage of monthly outage to any site within OUHSD, when such faults, outages or anomalies are due to the oversight neglect or unreliability of your company s services. Please elaborate: 8. Does your company maintain compliance with any and all legal requirements set forth under the California Public Utilities Commission and the Federal Communications Commission of the United States of America? Please elaborate: 9. Does your company agree that OUHSD can reserve the option to terminate service, without penalty and full expectation of refund of any and all proceeds paid prior to date of termination of contract or services for balance of services not rendered? Please elaborate: Page 11

12 APPENDIX B PROPOSAL FORM RFP #548 WIDE AREA NETWORK THIS FORM MUST BE SUBMITTED WITH YOUR RFP Failure to submit this form with your RFP will deem the RFP unresponsive and may result in immediate rejection of the RFP. TO: OXNARD UNION HIGH SCHOOL DISTRICT, acting by and through its Governing Board, herein called the "DISTRICT:" 1. Pursuant to your Notice Calling for RFPs and the other documents relating thereto, the undersigned respondent, having become familiarized with the terms of the RFP documents, as defined in the Agreement, the local conditions affecting the performance of the contract and the cost of the work at the place where the work is to be done, hereby RFPs and agrees to be bound by all the terms and conditions of the complete contract and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all applicable taxes, utility and transportation services necessary to perform the contract and complete in a good workmanlike manner all of the work required, including sheeting, shoring and bracing, or equivalent method for protection of life and limb in trenches and open excavation in conformance with applicable safety orders, in connection with the following: Project: RFP #548 WIDE AREA NETWORK all in strict conformity with the complete contract as defined in the Agreement, including addenda nos.,,, and, on file at the District s Office for the sum of Dollars ($ ). The RFP term shall be determined from visiting the work site, reviewing the plans and specifications, and all other portions of the contract documents, and shall include all items necessary to complete the work, including the assumption of all obligations, duties, and responsibilities necessary for the successful completion of the contract and the furnishing of all materials and equipment required to be incorporated in and form a permanent part of the work: tools, equipment, supplies, transportation, facilities, labor, superintendence, and services required to perform and complete the work; and bonds, insurance and submittals; all as per the requirements of the contract documents, whether or not expressly listed or designated Page 12

13 2. It is understood that the DISTRICT reserves the right to reject this RFP and that this RFP shall remain open and not be withdrawn for the period of one hundred eighty (180) calendar days. 3. The required bid security is hereto attached. 4. The required Non-Collusion Affidavit is hereto attached. 5. The required list(s) of RFP subcontractors is attached hereto, including those subcontractors who will be used by the respondent to fulfill the disabled veteran business enterprise ("DVBE") participation goals, and the undersigned represents and warrants that such list(s) is complete and in compliance with the Subletting and Subcontracting Fair Practices Act. 6. The required Information Required of Company form is hereto attached. 7. It is understood and agreed that if written notice of the acceptance of this RFP is mailed, telegraphed, or delivered to the undersigned after the opening of the RFP, and within the time this RFP is required to remain open, or at any time thereafter before this RFP is withdrawn, the undersigned will execute and deliver to the DISTRICT a contract in the form attached hereto in accordance with the RFP as accepted, and that the undersigned will also furnish and deliver to the DISTRICT the Performance Bond as specified, all within the five (5) calendar days after receipt of notification of award, and that the work under the contract shall be commenced by the undersigned respondent, if awarded the contract on the date to be stated in the DISTRICT'S Notice to Proceed delivered to the Contractor, and shall be completed by the Contractor in the time specified in the contract documents. 8. Communications conveying acceptance of RFPs, requests for additional information or other correspondence should be addressed to the undersigned at the address stated below. 9. The name of all persons interested in the foregoing RFP as principals are as follows: (IMPORTANT NOTICE: If respondent or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state true name of firm, also names of all individual co-partners composing firm; if respondent or other interested person is an individual, state first and last name in full.) Page 13

14 10. In submitting this RFP, the respondent offers and agrees that if the RFP is accepted, it will assign to DISTRICT all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Business & Professions Code Section et seq.) arising from the purchase of goods, materials, or services by the respondent for sale to the DISTRICT pursuant to the RFP. Such assignment shall be made and become effective at the time the DISTRICT tenders final payment. 11. If the respondent is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and is in good standing in the State of and that whose title is authorized to act for and bind the corporation. 12. It is understood and agreed that, should respondent fail or refuse to return executed copies of the Agreement, Contractor's Certificate, Certification of Insurance, and required bonds to the DISTRICT within five (5) calendar days of actual notice of the award of the contract to respondent, the security may be forfeited to the DISTRICT as liquidated damages. 13. The undersigned hereby warrants that the respondent has an appropriate license, in accordance with the act providing for the registration of contractors' License No., Class, that such license entitles the respndent to provide the work; that such license will be in full force and effect throughout the duration of performance under this contract; and that any and all subcontractors to be employed will have appropriate licenses. 14. In submitting this RFP, the respondent agrees that if its RFP is accepted, it shall perform at least 15% of the total work under the contract, exclusive of supervisory and clerical work, and without the services of any subcontractor. 15. The bidder hereby certifies that it is, and at all times during the performance of work hereunder shall be, in full compliance with the provisions of the Immigration Reform and Control Act of 1986 ("IRCA") in the hiring of its employees, and the bidder shall indemnify, hold harmless and defend the DISTRICT against any and all actions, proceedings, penalties or claims arising out of the bidder's failure to comply strictly with the IRCA. 16. It is understood and agreed that if, requested by the DISTRICT, the bidder shall furnish a notarized financial statement, references, and other information sufficiently comprehensive to permit an appraisal of its current financial condition. The undersigned hereby declares that all of the representations of this RFP are made under penalty of perjury under the laws of the State of California. Individual Contractor Name: Signed by: Page 14 Date:

15 Business Address: ************************************************************* Partnership Name Signed by:, Partner Business Address: Date: Other Partners: ************************************************************* Corporation Name: (a Corporation 1 ) Business Address: Signed by:, President, Dated: Signed by:, Secretary, Dated: [Seal and Attest] Business Address: 1 A corporation receiving the award shall furnish evidence of its corporate existence and evidence that the officer signing the Agreement and Bonds is duly authorized to do so Page 15

16 PROPOSAL SPREADSHEET See ATTACHMENT 1 THIS FORM MUST BE SUBMITTED WITH YOUR RFP Failure to submit this form with your RFP will deem the RFP unresponsive and may result in immediate rejection of the RFP Page 16

17 APPENDIX C COMPLIANCE FORM RFP #548 WIDE AREA NETWORK THIS FORM MUST BE SUBMITTED WITH YOUR RFP Failure to submit this form with your RFP will deem the RFP unresponsive and may result in immediate rejection of the RFP. RFP CLOSING DATE: 2/10/17 AT 2:00 p.m. TO: Deanna Rantz, Director of Purchasing 1) Pursuant to and in compliance with the Instructions, and other documents relating thereto, the undersigned SOLUTIONS PROVIDER, having familiarized himself with the terms of the RFP and the conditions affecting the performance of the solution, hereby proposes and agrees to perform, within the time stipulated, everything required by the Agreement for the amount herein set forth. 2) It is understood that the Oxnard Union High School District reserves the right to reject this proposal as specified in the Instructions and that this proposal shall remain open and not be withdrawn for the period of time required for erate purposes. NAME OF FIRM: ADDRESS: SIGNATURE OF AUTHORIZED AGENT OF FIRM: (SIGNATURE) TITLE: TELEPHONE AND FAX NO.( ) ( ) (PHONE) (FAX) DATE: PRICE RFP F.O.B. REDLANDS, CA NET 30 DAYS TERM, % Discount of payment is made within days after delivery and receipt of correct invoicing WARRANTY: SERVICE DELIVERY DATE: Page 17

18 INFORMATION for PROPOSERS 1. Bid Security. Each RFP shall be accompanied by a certified or cashier's check or bid bond issued by an admitted surety insurer in the amount of not less than ten percent (10%) of the total RFP amount stated in the RFP. Said check or bond shall be made payable to the DISTRICT and shall be given as a guarantee that the bidder, if awarded the Work, will enter into an Agreement within five (5) working days after award of the Contract, and will furnish, on the prescribed forms, the necessary insurance certificates, performance bond, and labor and material bond in accordance with the Contract Documents. In case of refusal or failure to enter into the Agreement, the check or bid bond, as the case may be, shall be forfeited to the DISTRICT. If the bidder elects to furnish a bid bond as its Bid Security, the bidder shall use the bid bond form included herein. 2. Signature. All bonds, all designations of subcontractors, the Contractor's Certificate, the Agreement, and all Guarantees must be signed in the name of the bidder and must bear the signature of the person or persons duly authorized to sign the RFP. If bidder is a corporation, the legal name of the corporation shall first be set forth, together with two signatures: one from among the chairman of the board, president or vice president and one from among the secretary, chief financial officer, or assistant treasurer. Alternatively, the signature of other authorized officers or agents may be affixed, if duly authorized by the corporation. Such documents shall include the title of such signatories below the signature and shall bear the corporate seal. If bidder is a joint venture or partnership, there shall be submitted with the RFP, certifications signed by authorized officers of each of the parties to the joint venture or partnership, naming the individual who shall sign all necessary documents for the joint venture or partnership and, should the joint venture or partnership be the successful bidder, the individual who shall act in all matters relative to the Contract resulting therefrom for the joint venture or partnership. If bidder is an individual, his/her signature shall be placed on such documents. 3. Modifications. Changes in or additions to the RFP documents, recapitulations of the work RFP, alternative RFPs, or any other modification which is not specifically called for in the Contract Documents may result in the DISTRICT'S rejection of the RFP as not being responsive to the invitation to RFP. No oral or telephonic modification of any RFP submitted will be considered. 4. Erasures, Inconsistent or Illegible RFPs. The RFP submitted must not contain any erasures, interlineations, or other corrections unless each such correction creates no inconsistency and is suitably authenticated by affixing in the margin immediately opposite the correction the signature or signatures of the person or persons signing the RFP. In the event of inconsistency between words and figures in the RFP price, words shall control figures. In the event the DISTRICT determines that any RFP is unintelligible, inconsistent or ambiguous, the DISTRICT may reject such RFP as not being responsive to the invitation to bid. 4. Withdrawal of RFPs. Any RFP may be withdrawn, either personally, by written request, or by telegraphic request confirmed in the manner Page 18

19 specified above for RFP modifications, at any time prior to the scheduled closing time for receipt of RFPs. All requests for RFP withdrawal must be accompanied with a power-of-attorney or other proof acceptable to the DISTRICT which authorizes the individual requesting the RFP withdrawal to so act on behalf of the bidder. The RFP security for RFPs withdrawn prior to the scheduled closing time for receipt of RFPs, in accordance with this paragraph shall be returned on demand therefore. 5. RFP Preparation: Costs for preparing responses and any other related material is the responsibility of the vendor, and shall not be chargeable in any manner to the District. The District will not be held liable for any cost incurred by vendors in responding to this RFB. 6. Qualifications: Any individual firm submitting a RFP must be able to provide evidence that the individual or firm and its personnel carrying out the responsibilities have expertise and experience in all areas identified in each section of this RFB. The vendor shall provide three (3) K-12 references consisting of similar work and scope. 7. Site Walks: Site walks are optional. Vendors may walk the sites in order to inspect entrance facilities Demarc to MPOE. Site walks are available upon request. Please Deanna Rantz for an appointment. 8. References: Before awarding any contract, the District reserves the right to require the vendor to submit evidence of qualifications, as it may deem appropriate. This evidence may be concerning financial, technical and other qualifications as well as relevant experience and skills of the vendor. 10. Award of Contract. The DISTRICT reserves the right to reject any or all RFPs, or to waive any irregularities or informalities in any RFPs or in the bidding. The award of the Contract, if made by the DISTRICT, will be by action of the governing board. 11. Listing Subcontractors. Each bidder shall submit, on the form furnished, a list of the RFP subcontractors on this project. 12. Workers' Compensation. In accordance with the provisions of section 3700 of the Labor Code, the successful bidder as Contractor shall secure the payment of compensation to all employees. Contractor shall sign and file with DISTRICT the following certificate prior to performing the work under this Contract: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." The form of such certificate is included as a part of the contract documents. 13. Contractor's License. If, at the time the RFPs are opened, Bidder is not licensed to perform the project in accordance with Division 3, Chapter 9 of the Business Page 19

20 and Professions Code of the State of California and the Notice to Contractors Calling for RFPs, such RFP will not be considered. 14. Anti-Discrimination. It is the policy of the DISTRICT that in connection with all work performed under contracts, there be no discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, religious creed, sex, age or marital status. The Contractor agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment Practice Act, beginning with Government Code Section 12900, and Labor Code Section In addition, the Contractor agrees to require like compliance by any subcontractors employed on the work by any such Contractor and if applicable, shall complete and submit with its RFP the Equal Employment Opportunity Status Report included as part of the RFP Form. 15. Hold Harmless. The Contractor shall indemnify and hold harmless the DISTRICT, its officers, agents, and employees from every claim or demand made, and every liability, loss, damage, or expense, of any nature whatsoever, which may be incurred by reason of: (a) Liability for damages for (1) death or bodily injury to persons; (2) injury to, loss or theft of property; or (3) any other loss, damage or expense arising under either (1) or (2) above, sustained by the Contractor or any person, firm or corporation employed by the Contractor upon or in connection with the work called for in the Agreement, except for liability resulting from the sole negligence, or willful misconduct of the DISTRICT, its officers, employees, agents or independent contractors who are directly employed by the DISTRICT, and except for liability resulting from the active negligence of the DISTRICT. (b) (c) Any injury to or death of persons or damage to property caused by any act, neglect, default or omission of the Contractor, or any person, firm, or corporation employed by the Contractor, either directly or by independent contract, including all damages due to loss or theft, sustained by any person, firm or corporation, including the DISTRICT, arising out of, or in any way connected with the work covered by the Agreement, whether said injury or damage occurs either on or off school district property, if the liability arose from the negligence or willful misconduct of anyone employed by the Contractor, either directly or by independent contract, and not by the active negligence of the DISTRICT. The Contractor, at Contractor's own expense, cost and risk shall defend any and all actions, suits, or other proceedings that may be brought or instituted against the DISTRICT, its officers, agents or employees, or any such claim or liability, and shall pay or satisfy any judgment that may be rendered against the DISTRICT, its Page 20

21 officers, agents or employees in any action, suit or other proceedings as a result thereof. 16. Surety Qualifications. All surety companies which are admitted Surety insurers pursuant to California Code of Civil Procedure Section and comply with the provisions of California Code of Civil Procedure Sections and shall be satisfactory to the DISTRICT. 17. Contract Duration and Liquidated Damages. It is agreed that damages for the failure of the Contractor to complete the total Work described herein within the time limits required are impossible to ascertain but that the sum of One Thousand Dollars ($ ) per day is a reasonable estimate. Should the Work not be completed within the specified time for completion, the Contractor shall be liable for liquidated damages, payable to the District, in an amount of One Thousand Dollars ($ ) for each calendar day of delay in completion. 18. Drug-Free Workplace Certification. Pursuant to Government Code Sections 8350 et seq., the successful bidder will be required to execute a Drug-Free Workplace Certificate upon execution of the Agreement. The Contractor will be required to take positive measures outlined in the certificate in order to insure the presence of a drug-free workplace. Failure to abide with the conditions set forth in the Drug-Free Workplace Act could result in penalties including termination of the Agreement or suspension of payment thereunder. 19. Fingerprinting Requirements. If any portion of the Work for the Project is to be performed at an operating school, the successful bidder and its subcontractors shall be required to comply with the applicable requirements of Education Code Sections and with respect to fingerprinting of employees who may have contact with the District's pupils. The successful bidder and its subcontractors will be required to complete the Fingerprinting Certification prior to commencing Work on the Project. 20. Asbestos and Other Hazardous Materials Certification. The successful bidder shall be required to execute and submit to the District an Asbestos and Other Hazardous Materials Certification prior to commencing Work on the Project. 21. Lead Based Paint Certification. Pursuant to the Lead-Safe Schools Protection Act (Education Code Section et seq.) and other applicable law, the successful bidder will be required to complete a Lead Based Paint Certification prior to commencing Work on the Project Page 21

22 BID BOND THIS FORM MUST BE SUBMITTED WITH YOUR RFP Failure to submit this form with your RFP will deem the RFP unresponsive and may result in immediate rejection of the RFP. KNOWN ALL MEN BY THESE PRESENTS, that we as Principal, and as Surety, an admitted Surety insurer pursuant to Code of Civil Procedure Section are held and firmly bound unto the Oxnard Union High School District, hereinafter called the DISTRICT, in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE RFP of the Principal submitted to the said DISTRICT for the work described below for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying RFP dated, 20, for the RFP #548 WIDE AREA NETWORK ONLY NOW, THEREFORE, if the Principal shall not withdraw said RFP within the period specified therein after the opening of the same, or, if no period be specified, within one hundred eighty (180) calendar days after the said opening; and if the Principal is awarded the contract, and shall within the period specified therefore, or if no period be specified, within (5) days after the prescribed forms are presented to Principal for signature, enter into a written contract with the DISTRICT, in accordance with the RFP as accepted and give bond with good and sufficient surety or sureties, as may be required for the faithful performance and proper fulfillment of such contract and for the payment for labor and materials used for the performance of the contract, or in the event of the withdrawal of said RFP within the period specified or the failure to enter into such contract and give such bonds within the time specified, if the Principal shall pay the DISTRICT the difference between the amount specified in said RFP and the amount for which the DISTRICT may procure the required work and/or supplies, if the latter amount be in excess of the former, together with all costs incurred by the DISTRICT in again calling for RFPs, then the above obligation shall be void and of no effect, otherwise said obligation shall remain in full force and effect. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or the call for RFPs, or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation under this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said contract or the call for RFPs, or to the work, or to the specifications. In the event suit is brought upon this bond by the DISTRICT and judgment is recovered, the Surety shall pay all costs incurred by the DISTRICT in such suit, including a reasonable attorney's fee to be fixed by the court. IN WITNESS WHEREOF the parties have executed this instrument under their several seals this day of, 20, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Corporate Seal of Principal, if Corporation) Principal (Proper Name of respondent) Page 22

23 By Signature of Bidder (Corporate Seal of Surety) Surety By (Attach Attorney-in-Fact Certificate and Required Acknowledgements) Attorney-in-Fact Name and Address of California Agent of Surety Telephone Number of California Agent of Surety Page 23

24 DESIGNATION OF SUBCONTRACTORS THIS FORM MUST BE SUBMITTED WITH YOUR RFP Failure to submit this form with your RFP will deem the RFP unresponsive and may result in immediate rejection of the RFP. In compliance with the Subletting and Subcontracting Fair Practices Act (Chapter 4, commencing at Section 4100, Division 2, Part 1 of the Public Contract Code of the State of California) and any amendments thereof, each bidder shall set forth below: (a) the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement to be performed under this contract or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of one percent of the prime contractor's total RFP; (b) the designation of those subcontractors who will be used by the prime contractor to fulfill disabled veteran business enterprise (DVBE) participation goals; and (c) the portion of the work which will be done by each subcontractor under this Act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in this bid. The successful prime contractor shall provide the District within ten (10) days from notification of award a complete list of all subcontractors named below, including license numbers, classifications and expiration dates. If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent of the prime contractor's total bid, the prime contractor shall be deemed to have agreed that it is fully qualified to perform that portion, and that said prime contractor alone shall perform that portion. No prime contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontractor to be voluntarily assigned or transferred or allow it to be performed by any one other than the original subcontractor listed in the original bid, or (c) sublet or subcontract any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which the original bid did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the authority awarding this contract setting forth the facts constituting the emergency or necessity Page 24

25 DESIGNATION OF SUBCONTRACTORS License # Portion Designation as Location Subcontractor of Work DVBE (%) Place of Business Date: Proper Name of Bidder By (Signature of Bidder) Address: Phone Number: Page 25

26 GENERAL INFORMATION THIS FORM MUST BE SUBMITTED WITH YOUR BID Failure to submit this form with your bid will deem the bid unresponsive and may result in immediate rejection of the bid. The Bidder shall furnish the following information. Failure to comply with this requirement will render the bid informal and may cause its rejection. Additional sheets may be attached if necessary. "You" or "your" as used herein refers to the bidder's firm and any of its officer, directors, shareholders, parties and principals. (1) Firm name and address: (2) Telephone: (3) Type of firm: (Check one) Individual Partnership Corporation Joint Venture (4) Contractor's License: Primary class Lic. No. Expiration Date Supplemental classifications held, if any, and license number(s) and expiration date(s): No payment shall be made for work or material under the contract unless and until the Registrar of Contractor verifies to the DISTRICT that the CONTRACTOR was properly licensed at the time the contract was awarded and CONTRACTOR continues to be so licensed throughout the term of the Contract. Any CONTRACTOR not so licensed is subject to penalties under the law. The DISTRICT is required to verify license prior to awarding a bid. (5) Have you ever been licensed under a different name or different license number? If Yes, give name and license number. (6) Names and titles of all officers of the firm: Page 26

27 (7) Number of years as a contractor in construction work of this type: (8) Person who inspected site of the bid work for your firm: Name and Title: Date of Inspection: (9) How many years experience in school construction work has your organization had? (a) as a general contractor? (b) as a subcontractor? (10) Has your firm or any of its principals defaulted so as to cause a loss to a surety? If the answer is "Yes", give dates, name and address of surety and details. (11) Have you been assessed liquidated damages for any project in the past three years? If Yes, explain: (12) Have you been in litigation on a question relating to your performance on a contract during the past three years? If Yes, explain, and provide case name and number: (13) Have you ever failed to complete a project in the last three years? If so, give owner and details: (14) List the names, addresses and telephone numbers of three Consultants or Engineers whose job you have worked on in the past three years. Name Address Telephone ( ) ( ) ( ) Page 27

28 (15) Do you now or have you ever had any direct or indirect business, financial or other connection with any official, employee or consultant of the District or Consultant? If so, please elaborate Page 28

29 REFERENCES THIS FORM MUST BE SUBMITTED WITH YOUR BID Failure to submit this form with your bid will deem the bid unresponsive and may result in immediate rejection of the bid. Include three (3) references, for each service type listed in this BID, of similar scope and magnitude as required in this BID for work that you ve successfully completed within the last three (3) years. Additional sheets may be attached if necessary. BID #548 WIDE AREA NETWORK REFERENCES: 1. Name of Agency: Agency Address and Telephone: Contact Person: Type and magnitude of Project: Contract Amount: 2. Name of Agency: Agency Address and Telephone: Contact Person: Type and magnitude of Project: Contract Amount: 3. Name of Agency: Agency Address and Telephone: Contact Person: Type and magnitude of Project: Contract Amount: Page 29

30 WORKER S COMPENSATION THIS FORM MUST BE SUBMITTED WITH YOUR BID Failure to submit this form with your bid will deem the bid unresponsive and may result in immediate rejection of the bid. CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION Labor Code Section 3700 "Every employee except the state shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employee. (c) For any county, city, city and county, municipal corporation, public district, public agency, or any political subdivision of the state, including each member of a pooling arrangement under a joint exercise of powers agreement (but not the state itself), by securing from the Director of Industrial Relations a certificate of consent to self-insure against workers' compensation claims, which certificate may be given upon furnishing proof satisfactory to the director of ability to administer workers' compensation claims properly, and to pay workers' compensation claims that may become due to its employees. On or before March 31, 1979, a political subdivision of the state which, on December 31, 1978, was uninsured for its liability to pay compensation, shall file a properly completed and executed application for a certificate of consent to self-insure against workers' compensation claims. The certificate shall be issued and be subject to the provisions of Section 3702." I am aware of the provisions of Section 3700 of the Labor Code which require every employee to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the code, and I will comply with such provisions before commencing the performance of the work of this contract. (Proper Name of Contractor) By (Signature of CONTRACTOR) (In accordance with Article 5 (commencing at Section l860), Chapter 1, Part 7, Division 2 of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this contract.) Page 30