Inglewood Unified School District Request for Bid DO 17/ Wide Area Network (WAN) Transport Circuits

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1 Inglewood Unified School District Request for Bid DO 17/ Wide Area Network (WAN) Transport Circuits Issue Date: February 2, 2018 Bid Submittal Date and Time: March 2, 2018, 11:00 am

2 1. NOTICE OF REQUEST FOR BID (RFB): DO 17/ WIDE AREA NETWORK (WAN) TRANSPORT CIRCUITS Inglewood Unified School District ( District ) is seeking bids from interested and qualified vendors for private (not shared) Wide Area Network (WAN) services, specifically a fi-connected layer 2 backbone network to all schools and administrative offices. WAN shall be in the form of a private fi optic network connecting schools and IUSD offices to the District Office. The District s Request for Bids (RFB) provides further details regarding the specific specifications and requirements for this Project and the bid process. This is a Request for Bid (RFB) pursuant to California Public Contract Code : In accordance with the California Public Contract Code section , the District may contract with any one of the three lowest responsible Bidders who, in the District s sole discretion, best meets the needs of the District as set forth in the Bid Documents. Section provides: The governing board of any school district may contract with an acceptable party who is one of the three lowest responsible Bidders for the procurement or maintenance, or both, of electronic data-processing systems and supporting software in any manner the board deems appropriate. This Project is funded in part by the Schools and Libraries Division (SLD) of the Federal Communications Commission (FCC) as part of E-Rate Universal Service Fund (USF). Therefore, all Bidders must be knowledgeable of, and comply with, all E-Rate requirements including those applicable to bids and work provided by service providers including any and all reporting requirements and compliance with all applicable federal laws. Bidders must provide a permanent SLD Service Provider Identification Num (SPIN) and FCC Registration Num with its bid. By submitting a bid, the Bidder agrees and understands that the Bidder shall be solely responsible for ensuring its work on the Project complies with all applicable state and federal regulations applicable to the E-Rate program. Bidders are required to abide by the requirements for Service Providers under the E-rate program as set forth by the E-rate program administrators. These requirements include, but are not limited to; filing of all forms, extension of appropriate discounts to the participating eligible entities, careful record keeping for auditing purposes, and the submission of any information participating eligible entities must submit as part of their filing requirements. The District shall not be held responsible for ensuring the Bidder receives E-Rate funding and will not issue any additional payment if the Service Provider fails to receive E-Rate funding for any reason. 2. PROJECT REFERENCES/TIMELINE Project Identification: DO 17/ WIDE AREA NETWORK (WAN) TRANSPORT CIRCUITS Objectives: delivery of private (not shared) Wide Area Network (WAN) services, specifically a fi-connected layer 2 backbone network to all schools and administrative offices. WAN shall be in the form of a private fi optic network connecting schools and IUSD offices to the District Office. Bid Forms: Bid forms and documents will be available electronically on the district and USAC websites or by request to imontenegro@inglewood.k12.ca.us with the subject line: Request for RFB DO 17/ Your company name must be included in the . Mandatory Site Visits: February 14, 2018 from 11:00 am to 4:00 pm PST and February 15, 2018 from 11:00 am to 400 pm PST at Inglewood Unified School District, Technology Department, 401 2

3 South Inglewood Avenue, Inglewood California 90301, with a 1-hour lunch break each day. Bidders must attend both site visit sessions in their entirety. Question Deadline: to Terri Wheeler at twheeler@inglewood.k12.ca.us, due by February 16, 2018, 5:00 pm PST. No questions will be accepted after this deadline. Questions will be answered by February 21, 2018 at 5:00 pm via RFB addendum released on the district and USAC websites. Bid Deadline: 11:00 am PST on Friday, March 2, Bid Submission: Inglewood Unified School District, RFB: DO-17/18-002, Care of Eugenio D. Villa, Division of Business Services, 401 S. Inglewood Ave., Inglewood, CA Bids will be publicly opened and read at 401 S. Inglewood Ave., Inglewood, CA at 11:30 am 3/2/18. Any bids received after the time specified above or after any extensions granted by the District in writing due to material changes shall be returned unopened. All Bidders are responsible for ensuring their bid package is received by the deadline set forth herein and the District shall not be responsible for any delays or problems with mail or other delivery services. The timeline provided herein is subject to adjustments at the District s sole and absolute discretion. However, the selected Bidder must confirm its ability to meet the dates and deadlines set forth herein. Upon entering into a contract with the selected Bidder, the District will issue a Notice to Proceed (NTP) which shall include the dates required for the Project, based on the schedule provided herein. The District may delay or adjust the schedule for any reason, including, but not limited to, E-Rate approval considerations. REQUEST FOR BID NOTICE February 2, 2018 NEWSPAPER ADVERTISEMENT 1 February 4, 2018 NEWSPAPER ADVERTISEMENT 2 February 11, 2018 MANDATORY SITE VISITS February 14, 2018, 11:00 am - 4 pm PST and February 15, 2018, 11:00 am - 4 pm PST these include a 1 hour lunch break each day BIDDERS: QUESTIONS DEADLINE February 16, 2018, 5:00 pm PST DISTRICT: ANSWERS TO QUESTIONS February 21, 2018 BIDDERS PACKAGE DUE March 2, 2018, 11:00 am PST PUBLIC BID OPENING March 2, 2018, 11:30 am PST NOTICE TO AWARD LETTER March 6, 2018 ANTICIPATED BOARD APPROVAL March 7, 2018 ANTICIPATED NOTICE TO PROCEED March 9, 2018 START OF SERVICE DEADLINE July 1, INSTRUCTIONS TO BIDDERS a) Bid process. In accordance with the California Public Contract Code section , the District may contract with one of the three lowest responsible bidders who best meet the needs of the District as set forth in the Bid Documents, which shall be determined by the total sum of all 3

4 charges proposed by each Bidder in response to Option 3 of the Pricing Work Sheet (Exhibit A). The District, at its sole discretion, shall choose which of the Options as listed and identified in the Pricing Work Sheet, will be selected and award based on the total price provided by each Bidder for the selected option. Bidders must provide pricing for all Options on the Pricing Work Sheet and must honor all such pricing if selected by the District for award. Once the three lowest bidders are identified, the District will review each of the three lowest bidders to determine which bid is more advantageous to the District (the Evaluation Process ). While cost is an important factor in the Evaluation Process of the three lowest bidders, the District may select any one of the bidders who, at the sole discretion of the District, offers the best value and services that most closely match the District s needs. At the District s discretion, considerations other than price may factor into a decision as to which services and products provide the best value to the District during the Evaluation Process. Such considerations include: Price on specific services Conformity to District Contract Documents E-Rate Experience Ability to Provide Services Needed by the District Bidders must submit two complete printed Bid Document packages, which include the following documents: i. Firm name, business address, contact phone num(s), a brief overview of the Bidder s organization, a brief history of your firm, primary support person to support this project, minimum of three positive reference projects of similar scope and size, Bidders Service Provider Identification Num (SPIN), and implementation schedule from District anticipated NTP ii. This RFB document including the Instructions to Bidders and all associated mandatory bid forms (Exhibits F thru M) iii. The information required in the Scope of Work iv. A Completed and executed Pricing Work Sheet (Exhibit A) v. A completed and executed Service Provider Acknowledgements Form (Exhibit B) vi. Signed Campus WAN Equipment Design (Exhibit C) vii. Signed WAN Site List (Exhibit D) viii. Bidders may submit a proposed Service Agreement ( Contract ) for the District s consideration. The Proposed Contract shall incorporate all terms, conditions, and requirements set forth in the Bid Documents and the Bidder s bid response documents. The District, at its sole discretion, may require the 4

5 selected Bidder to revise the proposed Contract or execute a form agreement provided by the District that incorporates the Bid Documents as the District deems necessary to meet the terms and conditions set forth in the Bid Documents. b) Preparation of Bid Form and Bidding Procedures. Each bidder shall review and comply with all bidding instructions and requirements set forth herein. All blanks in the Bid Form must be appropriately filled in, and all proposed prices must be stated clearly and legibly in both words and numerals. All bids must be signed by the bidder in permanent ink and submitted in sealed envelopes, bearing on the outside, the bidder s name, address, telephone num, and the name of the Project for which the bid is submitted. The District reserves the right to reject any bid if all of the above information is not furnished. It is each bidder s sole responsibility to ensure its bid is timely delivered and received at the location designated as specified above. Any bid received at the designated location after the scheduled closing time for receipt of bids shall be returned to the bidder unopened. c) Bid Security. Each bid must be accompanied by one of the following forms of bidder s security: (1) cash; (2) a cashier s check made payable to the District; (3) a certified check made payable to the District; or (4) a bidder s bond executed by a California admitted surety as defined in Code of Civil Procedure Section , made payable to the District, in the form set forth in the Contract Documents. Such bidder s security must be in an amount not less than ten percent (10%) of the maximum amount of such bidder s bid as a guarantee that the bidder will enter into the Contract, if the same is awarded to such bidder, and will provide the required Performance and Payment Bonds, insurance certificates and any other required documents. In the event that a bidder is awarded the Contract and such bidder fails to enter into said Contract or provide the surety bond or bonds within five (5) calendar days after award of the Contract to bidder, said security will be forfeited. d) Signature. The bid form, all bonds, all designations of subcontractors, the Contractor s Certificate, the Agreement, and all Guarantees must be signed in permanent ink in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid. If bidder is a corporation, the legal name of the corporation shall first be set forth, together with two signatures: one from the President and one from the Secretary or Assistant Secretary. Alternatively, the signature of other authorized officers or agents may be affixed, if a certified copy of the resolution of the corporate board of directors authorizing them to do so is provided to the District. Such documents shall include the title of such signatories below the signature and shall bear the corporate seal. If bidder is a partnership, the true name of the firm shall first be set forth, together with the names of all persons comprising the partnership or co-partnership. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a statement of partnership acknowledging the signer to be a general partner is presented to the District, in which case the general partner may sign. 5

6 Bids submitted as joint ventures must so state and be signed by each joint venturer. Bids submitted by individuals must be signed by the bidder unless an up to date power- ofattorney is on file in the District office, in which case, said person may sign for the individual. The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where a fictitious name is used, it must be so indicated in the signature. e) Modifications. Changes in or additions to the bid form, recapitulations of the work bid upon, alternative bids, or any other modification of the bid form which is not specifically called for in the Contract Documents may result in the District s rejection of the bid as not being responsive to the Notice Inviting Bids. No oral or telephonic modification of any bid submitted will be considered. f) Erasures, Inconsistent or Illegible Bids. The bid 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 bid. In the event of inconsistency between words and figures in the bid price, words shall control figures. In the event that the District determines that any bid is unintelligible, inconsistent, or ambiguous, the District may reject such bid as not being responsive to the Notice Inviting Bids. g) Examination of Site and Contract Documents. Each bidder shall visit the sites of the proposed work during the Mandatory Site Visits and become fully acquainted with the conditions relating to the construction and labor so that the facilities, difficulties, and restrictions attending the execution of the work under the Contract are fully understood. Bidders shall thoroughly examine and be familiar with the bid documents as set forth herein (the Contract Documents ). The failure or omission of any bidder to receive or examine any Contract Document or to become acquainted with conditions there existing shall not relieve any bidder from obligations with respect to the bid or to the contract. The submission of a bid shall be taken as prima facie evidence of compliance with this section. Bidders shall not, at any time after submission of the bid, dispute, complain, or assert that there were any misunderstandings with regard to the nature or amount of work to be done. h) Withdrawal of Bids. Any bid may be withdrawn, either personally or by written request, at any time prior to the scheduled closing time for receipt of bids. The bid security for bids withdrawn prior to the scheduled closing time for receipt of bids, in accordance with this paragraph, shall be returned upon demand therefor. No bidder may withdraw any bid for a period of ninety (90) calendar days after the date set for the opening of bids. i) Agreements and Bonds. The forms and amounts of surety bonds which will be required to be furnished at the time of execution of the Agreement are included in the bid documents and should be carefully examined by the bidder. The num of executed copies of the Performance Bond and the Payment Bond required is three (3). Payment and Performance bonds must be 6

7 executed by an admitted surety insurer as defined in Code of Civil Procedure j) Interpretation of Plans and Documents/Pre-Bid Clarification. If any prospective bidder is in doubt as to the true meaning of any part of the Contract Documents, or finds discrepancies in, or omissions, a written request for an interpretation or correction thereof may be submitted to the District pursuant to the Bid Question process set forth herein. No person is authorized to make any oral interpretation of any provision in the Contract Documents, nor shall any oral interpretation be binding on the District. If discrepancies in the Contract Documents are not covered by addenda, bidder shall include in their bid methods of construction and materials for the higher quality and complete assembly. k) Bidders Interested in More Than One Bid. No person, firm, or corporation shall be allowed to make, or file, or be interested in more than one prime bid for the same work unless alternate bids are specifically called for. A person, firm, or corporation that has submitted a bid to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a bid or quoting prices to other bidders or making a prime bid. l) Award of Contract. The Contract will be awarded to the one of the three lowest bidders as set forth herein and authorized by Public Contract Code section pursuant to the terms and conditions of the Contract Documents. The District reserves the right to reject any or all bids, or to waive any irregularities or informalities in any bids or in the bidding. In the event an award is made to bidder, and such bidder fails or refuses to execute the Contract and provide the required documents within five (5) calendar days after award of the Contract to bidder, the District may award the Contract to next lowest responsible and responsive bidder or release all bidders. Each bid must conform and be responsive to the Contract Documents. m) Listing Subcontractors. As applicable, each bidder shall submit with his bid, on the form furnished with the Contract Documents, a list of the names, license nums, scopes of work, locations of the places of business, and contact information of each subcontractor who will perform work or labor or render service to the bidder in or about the project, or a subcontractor who under subcontract to the bidder, specially fabricates and installs a portion of the work, in an amount in excess of one-half of 1 percent of the bidder s total bid as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code section 4100, et seq.) If the bidder does not use any subcontractor, as defined herein, the bidder shall mark non on the provided form. n) Workers Compensation. In accordance with the provisions of Labor Code Section 3700, the successful bidder as the Contractor shall secure payment of compensation to all employees. The Contractor shall sign and file with the 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 requires 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 Bid Package. 7

8 o) Preference for Materials and Substitutions. One Product Specified. Unless the Contract Documents state that no Substitution is permitted, whenever the Contract Documents indicate any specific article, device, equipment, product, material, fixture, patented process, form, method, construction, or any specific name, make, trade name, or catalog num, with or without the words, or equal, such specification shall be read as if the language or equal is incorporated. p) Disqualification of Bidders and Bids. More than one bid for the same work from any individual, firm, partnership, corporation, or association under the same or different names will not be accepted; and reasonable grounds for believing that any bidder is interested in more than one bid for the work will be cause for rejecting all bids in which such bidder is interested and the bidder will forfeit their bid security to the District. q) Unbalanced or Altered Bids. Bids in which the prices are obviously unbalanced, and those which are incomplete or show any alteration of form, or contain any additions or conditional or alternate bids that are not called for or otherwise permitted, may be rejected. A bid on which the signature of the bidder has been omitted may be rejected. If, in the District s sole discretion, it determines any pricing, costs or other information submitted by a bidder may result in an unbalanced bid, the District may deem such bid non-responsive. A bid may be determined by the District to be unbalanced if the bid is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the District even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advanced payment. r) Employment of Apprentices. The Contractor and all Subcontractors shall comply with the provisions of California Labor Code including, but not limited to sections , , and concerning the employment of apprentices. The Contractor and any Subcontractor under him shall comply with the requirements of said sections, including applicable portions of all subsequent amendments in the employment of apprentices; however, the Contractor shall have full responsibility for compliance with said Labor Code sections, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist. s) Non-Collusion Declaration. Public Contract Code Section 7106 requires bidders to submit declaration of non-collusion with their bids. This form is included with the bid documents and must be signed and dated by the bidder under penalty of perjury. t) Wage Rates, Travel and Subsistence. The Contractor and all subcontractors shall comply with the requirements set forth in Division 2, Part 7, Chapter 1 of the Labor Code. Pursuant to Labor Code Sections 1770 et. seq., the District has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this work is to be performed for each craft, classification or type of worker needed to execute the contract. Copies are available from 8

9 the District to any interested party on request and are also available from the Director of the Department of Industrial Relations. The Contractor shall obtain copies of the abovereferenced prevailing wage sheets and post a copy of such wage rates at appropriate, conspicuous, weatherproof points at the Site. Any worker employed to perform work on the Project and such work is not covered by any classification listed in the published general prevailing wage rate determinations or per diem wages determined by the Director of the Department of Industrial Relations, shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to the employment of such person in such classification. Holiday and overtime work, when permitted by law, shall be paid for at the rate set forth in the prevailing wage rate determinations issued by the Director of the Department of Industrial Relations or at least one and one-half (1½) times the specified basic rate of per diem wages, plus employer payments, unless otherwise specified in the Contract Documents or authorized by law. These per diem rates, including holiday and overtime work, and employer payments for health and welfare, pension, vacation, and similar purposes, are on file at the administrative office of the District, located as noted above and are also available from the Director of the Department of Industrial Relations. It is the Contractor s responsibility to ensure the appropriate prevailing rates of per diem wages are paid for each classification. It shall be mandatory upon the Contractor to whom the Contract is awarded, and upon any subcontractor under such Contractor, to pay not less than the said specified rates to all workers employed by them in the execution of the Contract. u) No Telephone or Facsimile Availability. No telephone or facsimile machine will be available to bidders on the District premises at any time. 4. SCOPE OF WORK Inglewood Unified School District (IUSD) (District) is requesting bids for private (not shared) Wide Area Network (WAN) services, specifically a fi-connected layer 2 backbone network to all schools and administrative offices. WAN shall be in the form of a private fi optic network connecting schools and IUSD offices to the District Office. The services and equipment provided shall be pursuant to the Schools and Libraries Division ( SLD ) of the Universal Service Administrative Company ( USAC ) E-Rate Program ( E-Rate ) to provide broadband access. SERVICE TYPE: A fi-based broadband service where the service provider owns and manages the network, and the District pays a recurring fee to have data transported over the network TERMINATION POINTS: See Exhibit D WAN Site List See Exhibit C - Campus WAN Equipment Design 9

10 SCALABLE SPEEDS AND TERM: Pricing shall be provided for all scalable speeds and terms requested. Exhibit A - Pricing Worksheet must be completed, signed and submitted with all responsive Bid Documents. SERVICE LEVEL AGREEMENT (SLA): Provider shall guarantee via a Service Level Agreement (SLA) that all service provided will be available ninety-nine point five (99.5%) percent per year, three-hundred-sixty-five (365) days per year, twenty-four (24) hours per day. Provider shall credit IUSD for any performance or disruption, which does not meet SLA on a monthly basis Service disruption shall be logged by Provider starting with when IUSD or Provider notified each other of any disruption until IUSD was notified in writing the service has been repaired to 100% functionality. is an acceptable method of communications The Provider must be able to provide, at no additional charge, immediate notification to IUSD s network department representative of any and all telecommunication and/or Internet service outages or anomalies which affect the use of the facilities, circuits, or network within IUSD The Provider shall provide IUSD the process for IUSD to report any problems with the facilities, circuits, and network or telecommunication services twenty-four (24) hours per day. REPAIR AND MAINTENACE: Provider installed equipment shall include any and all repair and maintenance requirements to be completed at no additional cost to the District during the duration of any term and shall be established in the proposed Contract provided by the Bidder. BACKGROUND CHECK: Any contractor who may come into contact with any student is required to complete a background check with the District as set forth in the Instruction to Bidders documents. All such costs shall be paid by the contractor. WORKING HOURS: Normal working hours are 8am 4:30pm. Any work which disrupts service to students or staff shall be complete after hours. Contractor shall budget any after hours work as part of scope. No additional funding allowance shall be made for after hours work. PROJECT DELIVERABLES (AFTER INSTALLATION): 10

11 Documentation in Microsoft Visio or Autodesk AutoCad All IP addresses, mask, gateway addresses, etc. Diagram of complete project from District Office to each site Schematic diagram of all pathways. All permits in PDF Final rack elevations Final Project implementation schedule in PDF Testing method and report PRICING CHANGES AND BILLING: Pricing shall be held firm through the approval, execution, and duration of the proposed Contract and any IUSD Board approved extension. In the event of a price decrease for service over any term, the decrease shall be passed on to IUSD. Provider shall apply applicable E-Rate discounts directly to District invoices, monthly, allowing the District to pay only it s discounted share of eligible costs, plus full costs for any non-eligible items. Provider shall invoice USAC using the Service Provider Invoicing Method (SPI Form 474) The Provider agrees to bill and receive a portion of the payment for the provisions of goods and services described herein directly from USAC via the Form 474 Service Provider Invoice (SPI). The District will only be responsible for paying its non-discounted share of costs and does not intend to use the BEAR process (Form 472). All invoicing must be completed within 120 days of the last date of service. Service Provider s failure to properly invoice USAC within the expected timeframe does not obligate the District to pay more than the applicant share. Firewall services and Content Filtering are not requested and should not be proposed. 5. MANDATORY SITE VISITS Contractor(s) are required to attend mandatory site visits on February 14, 2018 from 11:00 am to 4:00 pm PST and February 15, 2018 from 11:00 am to 400 pm PST at Inglewood Unified School District, Technology Department, 401 South Inglewood Avenue, Inglewood California 90301, with a 1-hour lunch break each day. Any contractor who fails to attend any or all sessions will be deemed as a Non- Responsive Bidder and will have its bid submission rejected. Contractor(s) shall examine the work site(s) and certify that they accept all measurements, specifications, and conditions affecting the work to be performed at the site(s). No claim for allowances of time or money will be allowed as to any other undiscovered condition on the site(s). Contractors must demonstrate their attendance by signing the sign in sheets provided by the District and must remain at the sites until the District formally announces that the site visits have concluded. 6. QUESTIONS, POSSIBLE ADDENDA AND WITHDRAWAL OF BIDS Once this RFB has been issued, the individuals identified below are the sole contact points for any inquiries or information relating to this RFB and will coordinate answers with the District Staff, if needed. Failure to adhere to this policy may result in disqualification of the Bidder. All questions regarding this RFB must be presented via e---mail to the following contact: 11

12 Terri Wheeler at All questions are due by February 16, 2018, 5:00 pm PST. No questions will be accepted after this deadline. Questions will be answered by February 21, 2018 at 5:00 pm via RFB addendum released on the district and USAC websites. All Bidders interested in making a bid are directed not to make personal contact with mems of the District s Governing Board or any District personnel beyond the individuals listed herein. Any contact will constitute grounds for disqualification of consideration. The District shall not be required to answer any questions after the specified deadline or any questions submitted in a manner other than instructed herein. NOTE: The District is closed February 12th and February 19th 2018 If it becomes necessary for Inglewood USD to revise any part of this RFB, or provide clarification or additional information after the documents are released, notification will be posted on the District s webpage and the USAC website, as indicated above. All potential Bidders are solely responsible for ensuring they receive any and all updates or addenda as set forth herein and the District is not obligated to provide any special consideration to any Bidder who did not receive the required information for any reason. All addenda issued shall become part of the RFB. It shall be the responsibility of the potential contractors to inquire of Inglewood USD as to any addenda issued. This may be done by contacting IUSD by request to imontenegro@inglewood.k12.ca.us prior to the submittal deadline or by checking the Inglewood USD or USAC websites. All addenda and changes shall be made in writing by the District. No oral statements by any District employee shall constitute a change or addendum to this RFB, the Project documents, or any project requirement. The RFB shall also include all Forms attached hereto and the Bidder is required to provide all information requested by the Forms. 7. CONTRACT AWARD, TERMINATION and REQUIREMENTS 7.1 The District may award a Contract to any one of the three (3) lowest responsive responsible bidders which shall be determined by the total sum of all charges proposed by each Bidder in response to Option 3 of the Pricing Work Sheet through E-Rate Year 5. The District, at its sole discretion, shall choose which of the Options as listed and identified in the Pricing Work Sheet, will be selected and award based on the total price provided by each Bidder for the selected option. Bidders must provide pricing for all Options on the Pricing Work Sheet and must honor all such pricing if selected by the District for award. Once the District selects the successful Bidder, the District may contract with such Bidder in any manner the District s Board deems appropriate. 7.2 IUSD may accept a Calnet3 contract and Calnet4 terms and conditions if offered 7.3 IUSD reserves 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 servic balance of 12

13 services not rendered, if the District is dissatisfied with the service. Dissatisfaction with service includes 85% or less service availability per year. Any service or performance disruption not scheduled in advance with IUSD for maintenance shall constitute loss of service. 7.4 The District s grounds for contract termination include, but are not limited to: a. Service Provider does not provide all required information requested by the District or any agency with jurisdiction over the Project b. Service Provider does not provide all required deliverables c. Service Provider fails to meet any of the requirements or obligations set forth in these bid documents, the Service Provider s bid response, or any other document incorporated into the Contract Documents, or any applicable law, rule or regulation applicable to the Project. 7.5 Contracts shall allow the ability to upgrade, downgrade, add or modify services upon completion of any term or any time in between terms. No term shall automatically renew. IUSD Board of Education (Board) shall renew all extensions 7.6 Services provided should account for growth or adjustments including, but not limited to, increases or decreases in service and/or additions of locations, as determined necessary by the District as well as the option for removal of sites due to closures or re-organization requirements or decreased student counts as deemed necessary by the District. In the event any site(s) are removed due to closures or re-organization, no early termination charges or other penalties shall be assessed. Furthermore, all reoccurring charg these particular location(s) shall cease to be billed by provider upon date and time provided by District 7.7 All service transitions shall be seamless and 100% the responsibility of the selected Bidder until an Acceptance of Work Product (AWP) is approved and signed by the District 7.8 The Provider shall maintain compliance with any and all legal requirements set forth under the California Public Service Commission, FCC, law, ordinance, code, District Standard and the Schools and Libraries Division (SLD) of the FCC as part of the R-Rate Universal Service Fund (UAF) 7.9 All postings and response procedures must satisfy SLD E-Rate submission requirements, California state requirements and City requirements 7.10 Contractors must have no record of unsatisfactory performance. Bidders who are or have been seriously deficient in current or recent contract performance shall be presumed to be unable to meet this requirement 7.11 Contractors must have the ability to maintain adequate files and records and meet statistical reporting and FCC requirements 13

14 7.12 Contractors must have the administrative and fiscal capability to provide and manage the proposed services and to ensure an adequate audit trail 7.13 Contractors must have a permanent SLD Service Provider Identification Num (SPIN) and FCC Registration Num 7.14 Contractors understand that any contract(s) resulting from this tender may not contain any restrictions barring publication of final pricing data. FCC and USAC rules include increased pricing transparency to help schools and libraries find the best pric E-Rate services. Specifically, ISAC must make publically available on its website information regarding services and equipment purchased by schools and libraries. Applicants may opt out of this public disclosure requirement only if a specific law, rule, or other restriction bars publication of the purchasing price data 7.15 The District s Board of Education reserves the right to reject any and all bids in whole, or in part, or waive any irregularities or informalities, and accept any bid or portion of the bid that, in their opinion, best serves the interests of the District, even in the event E-RATE funding is approved At the discretion of the District, equipment or services will not be accepted until after receipt of the Funding Commitment decision letter from the Universal Service Administrative Company (USAC), Schools and Libraries Division (SLD) 7.17 All contracts entered as a result of this bid proposal and the associated Form 470 will be contingent upon funding approval by the SLD and approved amount equal to the funding amount as requested on the Form 471, at the discretion of the District, and the Bidder maintaining a valid Service Provider Identification Num (SPIN) consistent with the type of service requested and a certified Form 486 filled by IUSD and a written Notice to Proceed to the winning Bidder to initiate service. If this does not occur, all contracts may be terminated at the sole discretion of the District and at no cost to the District 7.18 Protests shall be considered when written, containing the proposal num, and must be submitted within five (5) days of notice to award letters sent to all respondents (award / no award). The protest shall specify the reasons and facts upon which the protest is based Resolution. Once the bid protest is received, the Bidder who is the subject of the protest (the Selected Bidder ) will be notified of the protest and the evidence presented. If appropriate, the Selected Bidder will be given an opportunity to rebut the evidence and present evidence that the Selected Bidder should be allowed to perform the Work. The District will issue a written decision within fifteen (15) days of receipt of the protest, unless factors beyond the District's reasonable control prevent such resolution. The Decision on the Bid Protest will be copied to all parties involved in the protest Finality. The decision concerning the Bid controversy will be final and not subject to any further Appeals Waiver. Failure to comply with this Bid Protest Procedure shall constitute a waiver of the right to protest and shall constitute a failure to exhaust the protesting Bidder's administrative remedies 14

15 7.22 The governing board or appointed administrator reserves the right to accept or reject any or all bid proposals in whole or in part / or waive any irregularity in any proposal received. IUSD shall be the sole judge of the competency of the bidder. The submission of a bid by the Bidder is an acknowledgement of this right Pursuant to Public Contract Code section , the Board reserves the right to award a contract for the Project with one of the three lowest responsible bidders who best meet the needs of the District as set forth in the Bid Documents By submitting a complete Bid, each Bidder agrees that all documents and exhibits contained herein, with signed responses, shall hereby be incorporated into any Contract awarded by the District and shall become part of the final Contract. 8. BONDS: The bonding requirements for this Project are set forth in Section 3: Instruction to Bidders 9. INSURANCE CERTIFICATES: Prior to acceptance of any contract agreement, the selected Bidder ( Contractor ) will be required, at its sole cost and expense, and during all periods as required by the Contract, to maintain in effect, the following policies of insurance and any other insurance necessary to insure the services and products provided pursuant to the Project: a) General Liability Insurance A policy of commercial general liability insurance, written on an occurrence basis, providing coverage with not less than $1,000,000 per occurrence for bodily injury, personal injury and property damage. b) Vehicle Liability Insurance A policy of business vehicle liability insurance, written on an occurrence basis, with a combined single limit of not less than $1,000,000 per accident for bodily injury and property damage. The Vehicle Liability policy shall include coverage for owned, hired and non-owned automobiles. c) Workers Compensation Insurance During the term of the Project, the Contractor shall provide workers compensation and employer s liability insurance for all of the Contractor s employees engaged in work for the Project and, in case any of the Contractor s work is subcontracted, the Contractor shall require the Subcontractor to provide workers compensation insurance for all the Subcontractor s employees engaged in work under the subcontract. Any class of employee or employees not covered by a Subcontractor s insurance shall be covered by the Contractor s insurance. In case any class of employees engaged in Work for the Project is not protected under the Workers Compensation laws, the Contractor shall provide or cause a Subcontractor to provide insurance coverage for the protection of those employees not otherwise protected. The Contractor shall file with the District certificates of insurance in compliance with Labor Code Workers compensation limits as required by the Labor Code, but not less than $1,000,000 and employers liability limits of $1,000,000 per accident for bodily injury or disease.. 15

16 Contractor shall maintain the insurance policies required pursuant to the Contract in effect at least until the date is one year following final payment to Contractor pursuant to the Contract. The insurance policies required pursuant to the Contract shall be issued by one or more insurers licensed to do business in the state and having an A.M. Best company rating of not less than A- and a financial size category of IX. The Contractor shall name, on any policy of insurance required under Section 11 above, the District, the State of California, their officers, employees, agents, volunteers and independent contractors as additional insureds. Subcontractors shall name the Contractor, the District, the State of California, their officers, employees, agents, volunteers and independent contractors as additional insureds. The Additional Insured Endorsement included on all such insurance policies shall be an ISO CG (04/13), or an ISO CG (04/13), or their equivalent as determined by the District in its sole discretion, and must state that coverage is afforded the additional insured with respect to claims arising out of operations performed by or on behalf of the insured. If the additional insureds have other insurance which is applicable to the loss, such other insurance shall be on an excess or contingent basis. The insurance provided by the Contractor pursuant to this Section 11 must be designated in the policy as primary to any insurance obtained by the District. The amount of the insurer s liability shall not be reduced by the existence of such other insurance. The Contractor shall not commence Work nor shall it allow any Subcontractor to commence Work under the Contract until all required insurance and certificates have been obtained and delivered in duplicate to the District for approval. Certificates and insurance policies shall include the following clause: This policy and any coverage shall not be suspended, voided, non-renewed, canceled, or reduced in required limits of liability or amounts of insurance or coverage until notice has been mailed via certified mail to the District. Date of cancellation or reduction may not be less than thirty (30) days after the date of mailing notice. The District and the Contractor shall each obtain in all policies of insurance carried by either of them, a waiver by the insurance companies thereunder of all rights of recovery by way of subrogation for any damages or claims covered by the insurance. 10. INSPECTIONS: All product(s) or service(s) are subject to inspection and acceptance or rejection. All applications of this tender shall be in the jurisdiction, discretion, and judgment of the District inspector Bidder shall provide any equipment or services required to provide a complete and operational system, regardless if the equipment or service has been specifically itemized District reserves the right to approve or remove any sub-contractors in writing. 11. INDEMNITY: Contractor shall defend, indemnify and hold harmless District, Inspector, the State of California and their officers, employees, agents and independent contractors from all liabilities, claims, actions, liens, judgments, demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property damage or other cause based or asserted upon any act, omission, or breach connected with or 16

17 arising from the progress of Work or performance of service under this Contract or the Contract Documents. As part of this indemnity, Contractor shall protect and defend, at its own expense, District, Inspector, the State of California and their officers, employees, agents and independent contractors from any legal action including attorney s fees or other proceeding based upon such act, omission, breach or as otherwise required by this Section 11. Furthermore, Contractor agrees to and does hereby defend, indemnify and hold harmless District, Inspector, the State of California and their officers, employees, agents and independent contractors from every claim or demand made, and every liability, loss, damage, expense or attorney s fees of any nature whatsoever, which may be incurred by reason of: 11.1 Liability for (1) death or bodily injury to persons; (2) damage or injury to, loss (including theft), or loss of use of, any property; (3) any failure or alleged failure to comply with any provision of law or the Contract Documents; or (4) any other loss, damage or expense, sustained by any person, firm or corporation or in connection with the Work called for in this Agreement or the Contract Documents, except for liability resulting from the sole or active negligence, or the willful misconduct of the District Any bodily injury to or death of persons or damage to property caused by any act, omission or breach of Contractor or any person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages or injury to or death of persons, loss (including theft) or loss of use of any property, sustained by any person, firm or corporation, including the District, arising out of or in any way connected with Work covered by this Contract or the Contract Documents, whether said injury or damage occurs either on or off District property, but not for any loss, injury, death or damages caused by the sole or active negligence or willful misconduct of the District Any dispute between Contractor and Contractor s subcontractors/supplies/ Sureties, including, but not limited to, any failure or alleged failure of the Contractor (or any person hired or employed directly or indirectly by the Contractor) to pay any Subcontractor or Materialman of any tier or any other person employed in connection with the Work performed under the Contract and/or filing of any stop notice or mechanic s lien claims. Contractor, at its own expense, cost, and risk, shall defend any and all claims, actions, suits, or other proceedings that may be brought or instituted against the District, its officers, agents or employees, on account of or founded upon any cause, damage, or injury identified herein Section 11 and shall pay or satisfy any judgment that may be rendered against the District, its officers, agents or employees in any action, suit or other proceedings as a result thereof. The Contractor s and Subcontractors obligation to defend, indemnify and hold harmless the District, Inspector, the State of California and their officers, employees, agents and independent contractors hereunder shall include, without limitation, any and all claims, damages, and costs for the following: (1) any damages or injury to or death of any person, and damage or injury to, loss (including theft), or loss of use of, any property; (2) breach of any warranty, express or implied; (3) failure of the Contractor or Subcontractors to comply with any applicable governmental law, rule, regulation, or other requirement; 17

18 (4) products installed in or used in connection with the Project; and (5) any claims of violation of the Americans with Disabilities Act ( ADA ). In addition to submitting a bid, all Bidders must sign below to confirm it understands and accepts all terms, conditions, and requirements set forth herein, including all indemnity requirements as to the District, its employees, consultants, and hired associated entities, such as the Visitor Indemnification as defined above. Date: Signature: Printed Name: 18

19 EXHIBIT A: PRICING WORK SHEET Date: Bidding Company: Contract Name: Contact Phone: Contact Contact address: SPIN num: Description Initial Term Extension Option Gbps full duplex Three years Two years at 10 Gbps Option Gbps full duplex Four years One year at 10 Gbps Option Gbps full duplex Five years Option Gbps full duplex Three years Two years at 20 Gbps Option Gbps full duplex Four years One years at 20 Gbps Option Gbps full duplex Five years All charges (Taxes, surcharges, regulatory fees, maintenance fees, operations fees, etc.) must be included in table below. Term One-Time Charge E-Rate Year 1 E-Rate Year 2 E-Rate Year 3 E-Rate Year 4 E-Rate Year 5 Eligible Ineligible Eligible Ineligible Eligible Ineligible Eligible Ineligible Eligible Ineligible Eligible Ineligible Option 01 Option 02 Option 03 Option 04 Option 05 Option 06 AUTHORIZED SIGNATURE DATE FULL NAME TITLE 19

20 EXHIBIT A Continued: PRICING WORK SHEET This Pricing Work Sheet shall be used by the District to determine the three (3) lowest responsive bidders. The total prices provided herein shall include all associated costs and charges to provide the required services and equipment, as set forth in the Contract Documents, to the District. In no event shall the District be responsible or liable for any additional cost, fee, or charge; regardless of whether such charge was known or anticipated by the Bidder. Pursuant to and in compliance with the Bid Documents, the undersigned Bidder, having familiarized itself with the terms of the Bid Documents, the local conditions affecting the performance of all Work necessary to complete the Project, the cost of the work at the place where the work is to be done, hereby proposes and agrees to provide all labor, materials and equipment necessary to complete the Project, as set forth in the Bid Documents, including all the component parts of the Project, and everything required to be performed by Bidder and approved by the District, and to provide and furnish any and all labor, materials, tools, expendable equipment, and utility and transportation services necessary to perform the Project in a workmanlike manner for the Prices set forth hereinabove. I, the below-indicated Bidder, declare under penalty of perjury that the information provided and representations made in this bid are true and correct. By: Signature of Bidder Representative Date: Printed Name of Signee: Title of Signee: NOTE: If Bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of authorized officers or agents and the document shall bear the corporate seal; if Bidder is a partnership, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if Bidder is an individual, his signature shall be placed above. All signatures must be made in permanent blue ink. 20

21 EXHIBIT B: SERVICE PROVIDER ACKNOWLEDGEMENTS FORM All check marked items above apply to my bid proposal. I am an authorized representative of the respondent firm and hereby submit this document. Bid proposal includes complete, unprotected transport circuits Bid proposal includes all telecommunications transfer costs incurred as a result of change of service from present provider There are no restrictions on any type of IP traffic allowed across the link Service Provider shall provide selected bandwidth 24 hours per day, 365 days per year Bid proposal shall provide for and allow BGP announcements from IUSD routers Bid proposal shall provide all service and support for maintenance until term and any Board approved extension(s) The IUSD selected bandwidth option shall be guaranteed as Dedicated Transport Circuits available at all times Bid proposal shall include a maximum of four (4) hours response and resolution to any scheduled or unscheduled problem Bid proposal shall guarantee a response to any service disruption within thirty (30) minutes of notification by IUSD Bid proposal shall guarantee a response to any service disruption within thirty (30) minutes of provider knowledge of such outage Bid proposal shall include a qualified network engineer with maximum travel time of thirty (30) minutes to IUSD, excluding traffic delays Bid proposal shall include monitoring all service at no greater than five (5) minute intervals Service Provider shall provide IUSD with web-based bandwidth utilization reporting for any Internet bound traffic IUSD is not able to enter a contract for any term which exceeds five (5) years From demark at each site to service provider, 100% of troubleshooting, maintenance and operation costs will be paid for by the service provider. The respondent by signature below acknowledges, all terms as described in this tender and all exhibits contained herein AUTHORIZED SIGNATURE DATE FULL NAME TITLE 21

22 LA TIJERA K-8 ACADEMY OF EXCELLENCE Brocade ICX 7450 Stack* 1/2/1 INGLEWOOD SPECIAL EDUCATION Brocade ICX 7450* 1/2/1 KELSO (WILLIAM H.) ELEMENTARY SCHOOL Brocade ICX 7450 Stack* OAK STREET ELEMENTARY SCHOOL Brocade ICX 7450 Stack* FRANK D. PARENT SCHOOL Brocade ICX 7450 Stack* 1/2/1 1/2/1 BEULAH PAYNE ELEMENTARY SCHOOL Brocade ICX 7450 Stack* 1/2/1 CLYDE WOODWORTH ELEMENTARY SCHOOL Brocade ICX 7450 Stack* 1/2/1 WORTHINGTON ELEMENTARY SCHOOL Brocade ICX 7450 Stack* 1/2/1 CROZIER (GEORGE W.) MIDDLE SCHOOL (includes City Honors HS) Brocade ICX 7450 Stack* 1/2/1 MONROE (ALBERT F.) MAGNET MIDDLE SCHOOL Brocade ICX 7450 Stack* 1/2/1 SECURITY LEVEL: PUBLIC RELEASE MDF & IDF SPACES WAN Links AUTHORIZED SIGNATURE FULL NAME 1/2/1 CLAUDE HUDNALL ELEMENTARY SCHOOL Brocade ICX 7450 Stack* 1/2/1 HIGHLAND ELEMENTARY SCHOOL Brocade ICX 7450 Stack* 1/2/1 WARREN LANE ELEMENTARY SCHOOL Brocade ICX 7450 Stack* 1/2/1 1/1/9 1/1/8 1/1/7 1/1/6 1/1/5 1/1/4 1/1/3 1/1/2 1/1/1 1/1/10 1/1/11 1/1/12 1/1/13 1/1/14 INGLEWOOD UNIFIED DISTRICT OFFICE Brocade ICX F 1/1/16 1/1/17 1/1/19 1/1/20 1/1/21 1/1/22 1/1/23 INGLEWOOD HIGH SCHOOL Brocade ICX 7450 Stack* 1/2/1 MORNINGSIDE HIGH SCHOOL Brocade ICX 7450 Stack* 1/2/1 INGLEWOOD CONTINUATION HIGH SCHOOL Brocade ICX 7450 Stack* 1/2/1 SHEET TITLE: EXHIBIT C INGLEWOOD UNIFIED DISTRICT CAMPUS WAN EQUIPMENT DESIGN REVISON /30/2018 DRAFT SCALE: 1" = 1' * = Or Equivalent TITLE DATE CENTINELA ELEMENTARY SCHOOL Brocade ICX 7450 Stack* 1/2/1 INGLEWOOD COMMUNITY ADULT SCH Brocade ICX 7450 Stack* 1/2/1 1/2/1 BENNETT/KEW ELEMENTARY SCHOOL Brocade ICX 7450 Stack* 1/2/1 INGLEWOOD UNIFIED DISTRICT OFFICE Brocade ICX-7450 Stack* 1/2/1 INGLEWOOD UNIFIED MAINTENANCE AND OPERATIONS Brocade ICX 7450* DRWN: REO CHKD: LB SAVEDATE: 1/30/2018 PROJECT NUMBER: DRAWING NUMBER: IWC-4 22