CENTINELA VALLEY UNION HIGH SCHOOL DISTRICT 14901 S. INGLEWOOD AVENUE LAWNDALE, CA 90260 REQUEST FOR PROPOSALS NO. BID # 11 01 FOR E RATE YEAR 14 LEUZINGER (VOIP, AUDIO/VISUAL, AND NETWORK HARDWARE), BASIC NETWORK MAINTENANCE, 10 GBPS WIDE AREA NETWORK UPGRADE PURCHASING DEPARTMENT February 10, 2011 February 25, 2011 March 4, 2011 March 10, 2011 Request for Proposals Issued Pre-Proposal Conference/Site Visits Deadline for submission of Written Questions Proposal Due Date
NOTICE TO CONTRACTORS CALLING FOR BIDS BID # 11 01 E RATE YEAR 14 LEUZINGER (VOIP, AUDIO/VISUAL, AND NETWORK HARDWARE), BASIC NETWORK MAINTENANCE, 10 GBPS WIDE AREA NETWORK UPGRADE Notice is hereby given that the Centinela Valley Union High School District Board of Education, the governing board of the Centinela Valley Union High School District of Los Angeles County, will receive sealed bids for the project as stated above. To obtain a Request for Proposal bid package and specifications, it is preferred it be done through the Internet, by going to the CENTINELA VALLEY UNION HIGH SCHOOL DISTRICT s website http://www.centinela.k12.ca.us, under Department, then Business Services. All inquires and communications should be accessed through cv_erate@centinela.k12.ca.us Each RFP must conform and be responsive to all documents. Three awards will result from BID # 11 01 E RATE YEAR 14 LEUZINGER (VOIP, AUDIO/VISUAL, AND NETWORK HARDWARE), BASIC NETWORK MAINTENANCE, 10 GBPS WIDE AREA NETWORK UPGRADE that consists of the following categories: ITEM A: VoIP System and Installation ITEM B: Audio/Visual System and Installation ITEM C: Network Hardware and Installation ITEM D: Basic Network Maintenance ITEM E: 10 GBPS Wide Area Network Upgrade The contract awarded in categories A, B, and C will be for the term of 36 months from July 1, 2011 or from start date of project, whatever is later. Centinela Valley Union High School District has the option to extend the term by an additional 24 month period, if required. The contract awarded for category D will be for the term of 12 months from July 1, 2011 and may be extended annually for a maximum of four additional years. The term of the contract awarded for category E will be based upon the needs of the District. BID # 11 01 E RATE YEAR 14 LEUZINGER (VOIP, AUDIO/VISUAL, AND NETWORK HARDWARE), BASIC NETWORK MAINTENANCE, 10 GBPS WIDE AREA NETWORK UPGRADE is 100% contingent upon the approval of E rate funding from the Universal Service Fund Schools and Libraries Program. Even after award of contracts, the Centinela Valley Union High School 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 Centinela Valley Union High School District. Contractors wishing to bid are doing do so solely at their own risk. The Centinela Valley Union High School District is not liable or responsible for any costs, loss, fees, or expenses, of any kind, associated with bid and/or a decision not to proceed with the project, even after award of the contracts. By submitting a bid, each bidder/contractor agrees to bear all of its own costs, fees, expenses, and losses, of any and all kind, should the Centinela Valley Union High School District cancel the project. Each bid must be submitted on a printed form furnished by the District and must be sealed and filed in the office of the Director of Purchasing on or before 2:00 p.m., Thursday, March 10, 2011 at which time bids will be opened in public.
Each bid shall be accompanied by (1) the list of proposed subcontractors; (2) the Non Collusion Affidavit; (3) license information; and any and all documents and information required by the bid documents. Each bid must include a valid SPIN (Service Provider Identification Number). The vendor is responsible for providing a FCC Registration Number (FRN) and proof of Green Light Status from the FCC. Any potential vendor found to be in Red Light Status will be disqualified from participation in the quotation process and will be considered non responsive. The Board reserves the right to reject any or all bids, and to accept or reject any items thereon. No bidder may withdraw his bid for a period of NINETY (90) DAYS after the date set for the opening of bids. Bids are subject to acceptance at any time within 90 days after bid opening. The District reserves the right to reject any or all bids, to waive any discrepancy or technicality, and to award the contract for goods or services to other than the lowest bidder. Pursuant to Public Contract Code section 20118.2, the award of contract, if made by the District, will be to the qualified contractor whose bid best complies with all the requirements set forth in the bid documents and whose bid, in the opinion of the District while complying with all legal requirements, is in the best interest of the District, taking into consideration all aspects of the contractor s response, including the total net cost to the District. In addition, per California Public Contract Codes section 20118.2, the District may include other factors in addition to price for the evaluation of bids submitted. (35%) Price: The District will consider and rate the explanation and detail of rates and fees. Total Cost of Ownership over 5yr period can be considered. (20%) K12 and E Rate reference: The District will consider and rate the vendor's past and present K12 and E Rate experiences in managing projects of similar scope and nature in a regional setting and with large K12 educational institutions. (25%) Specification and Completeness: The District will consider and rate vendor's response to District's specification as detailed in RFP. (15%) Certification and Qualification: The District will consider the certifications and experience in providing, installing and maintaining like services for customers, knowledge of current stateof the art technology. (5%) Methodology: The District will consider and rate the vendor's cutover plan and implementation plan. Additional Scoring: For each category, the District reserves the right to select, up to, the top three finalists for oral interviews and negotiations based on the District's analysis and rating of the proposal package. These negotiations will have an additional point rating of up to 15 points. These negotiations will be conducted in order to negotiate the proposals submitted and to evaluate company expertise, qualifications, operations and services deemed by the District to be in its best interests.
Other Requirements: All bidders must provide references of three completed projects of similar size and complexity with bid Include contact person s name, address, and telephone number. All bidders must demonstrate ability to complete the project within the project time frame. Bidders in categories A, B, C, and D must have an established working office within 50 miles of the school district office. Bidders in categories A, B, C, and D must have a minimum of five years of experience in the design, installation and configuration of data systems. VoIP bidder must have specific experience including VoIP systems. Audio/Visual Bidder must have specific experience installing and configuring A/V switching systems in classrooms. Bidders in categories A, B, C, and D must be certified partners of designated equipment manufacturer they propose. Include proof of current partnership with manufacturer with bid. Bidders in categories A, B, C, and D must have at least on full time certified Associate on staff. Installation crews must consist of designated manufacturer certified installers. Bidders in categories A, B, and C shall possess at the time of Bid opening a Class C 7 Contractor s License as issued by the Contractors State License Board. To obtain a Request for Proposal bid package and specifications, it is preferred to be done through the Internet, by going to the CENTINELA VALLEY UNION HIGH SCHOOL DISTRICT s website www.centinela.k12.ca.us, under Department, then Business Services. Otherwise, contact Frank Garduno at (310) 260 3240, or via email to gardunof@centinela.k12.ca.us. Each RFP must conform and be responsive to all documents. VENDOR/CONTRACTOR SUBMISSION MINIMUM REQUIREMENTS Vendor must submit their bids in a binder labeled with the following numerical tabs. Vendors must submit one (1) original and four (4) copies of their bids. 1. Vendor Introduction and Summary 2. Bid Form 3. Note on Bid Form any Addenda 4. Complete B. Subcontractors List: Include the Subcontractors List. CA law requires it to be submitted in the sealed bid. Prefer to have Sub's License # included on subcontractors list when bid submitted but license # can be submitted within 24 hours after bid opening as long as the name is listed. (Bid would not be disqualified.) 5. Complete Contractor's Certificate of Workers' Compensation 6. Complete Non Collusion Affidavit 7. See Supplemental General Conditions for insurance etc.
8. Bidders in categories A, B, and C shall possess at the time of Bid opening a Class C 7 Contractor s License as issued by the Contractors State License Board with an Asbestos Certification, pursuant to Public Contract Code #3300. Provide evidence of such qualifications. 9. Evidence of E rate SPIN (Service Provider Identification Number) and FCC Green Light Status. 10. References of three completed projects of similar size and complexity with bid Include contact person s name, address, and telephone number. 11. All bidders must demonstrate ability to complete the project within the project time frame. 12. List location of office and staff members to be assigned to the project within 50 miles of the school district office. 13. Bidders in categories A, B, C, and D must have a minimum of five years of experience in the design, installation and configuration of data systems. VoIP bidder must have specific experience including VoIP systems. Audio/Visual Bidder must have specific experience installing and configuring A/V switching systems in classrooms. Provide evidence of meeting these requirements. 14. Bidders in categories A, B, C, and D must be certified partners of designated equipment manufacturer they propose. Include proof of current partnership with manufacturer with bid. Provide evidence of meeting these requirements. 15. Bidders in categories A, B, C, and D must have at least on full time certified Associate on staff. Installation crews must consist of designated manufacturer certified installers. Provide evidence of meeting these requirements. 16. ITEM A/VoIP System and Installation: Include complete bill of materials, including manufacturer make, model, quantity, unit price, extended price, installation and sales tax. Any E rate ineligible costs must be submitted on a separate bill of materials. 17. ITEM B/Audio/Visual System and Installation: Include complete bill of materials, including manufacturer make, model, quantity, unit price, extended price, installation and sales tax. Any E rate ineligible costs must be submitted on a separate bill of materials. 18. ITEM C/Network Hardware and Installation: Include complete bill of materials, including manufacturer make, model, quantity, unit price, extended price, installation and sales tax. Any E rate ineligible costs must be submitted on a separate bill of materials. 19. ITEM D/Basic Network Maintenance: Include pricing under the fees schedule indicated in the specifications section.
20. ITEM E/10 GBPS Wide Area Network Upgrade: Include pricing according to fee schedule indicated in the specifications section.
INFORMATION FOR BIDDERS 1. Preparation of Bid Form. The District invites bids on the form attached to be submitted at such time and place as is stated in the Notice to Contractor Calling for bids. All blanks in the bid form must be appropriately filled in. All bids shall be submitted in sealed envelopes bearing on the outside the name of the bidder, his address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that his bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. 2. Signature. The bid must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid on behalf of the bidder. 3. Modifications. Changes in or additions to the bid form, recapitulations of the work bid upon, alternative proposals, 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 invitation to bid. No oral or telephonic modification of any bid submitted will be considered, and a telegraphic modification may be considered only if the postmark evidences that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the opening of bids. 4. Erasures. The bid submitted must not contain any erasures, interlining, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the persons signing the bid and Contract Documents. 5. Examination of Site. The bidder shall examine carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans, specifications, and the contract. The failure or omission of any bidder to receive or examine any contract document, form, instrument, addendum, or other document or to visit the site and acquaint himself with conditions there existing shall in no way relieve any bidder from any obligation with respect to his bid or to the contract. 6. Withdrawal of Bids. Any bidder may withdraw his bid either personally by written request, or by telegraphic request confirmed in the manner specified above at any time prior to the scheduled closing time for the receipt of bids. 7. Bidder Protest. Any bidder who submitted a bid to the District may file a protest provided that each and all of the following are complied with; a. The protest is in writing; b. The protest is filed and received by the District s Director of Purchasing not more than three (3) calendar days following the date of the district selection of the apparent lowest responsible bidder;
c. The written protest sets forth, in detail, all grounds for the protest, including without limitation all facts, supporting documentation, legal authorities and argument in support of the ground for the protest; any matter not set forth in the written protest shall be deemed waived. All factual contentions must be supported by competent, admissible and credible evidence. Any protest not conforming to the foregoing shall be rejected by the District as invalid. Provided that a protest is filed in strict conformity with the foregoing, the District s Director of Purchasing or such individual(s) as may be designated in his/her discretion, shall review and evaluate the basis of the protest, and shall provide a written decision to the bidder submitting the protest concurring with or denying the protest. The District s written decision shall be final and not subject to reconsideration or appeal. No bidder shall seek judicial relief, in any form, relative to the District s intent to award the Contract, or the protest thereof, unless the foregoing protest procedure has been strictly and timely complied with by the bidder. The issuance of a written decision by the District shall be an express condition precedent to the institution of any legal proceeding relative to the proposal process, the District s intent to award the Contract, or the District s determination to reject all proposals. 8. Interpretation of Plans and Documents. If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the drawings, specifications, or other contract documents, or finds discrepancies in, or omissions from the drawings and specifications, he may submit to the District a written request for an interpretation or correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the contract documents will be made only by addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract documents. No person is authorized to make any oral interpretation of any provision in the contract documents to any bidder, and no bidder is authorized to rely on any such unauthorized oral interpretation. 9. Bidders Interest in More than One Bid. No person, firm, or corporation shall be allowed to make, or file, or be interested in more than one bid for the same work unless alternate bids are specifically called for. A person, firm or corporation that has submitted a sub proposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a sub proposal or quoting prices to other bidders or making a prime proposal. 10. Award of Contract. The District reserves the right to reject any or all bids, or to waive any irregularities, informalities, discrepancy or technicality in any bids or in the bidding. If the Board awards the bid, the award of the contract will be made according to law. Award will be let for: ITEM A: VoIP System and Installation ITEM B: Audio/Visual System and Installation ITEM C: Network Hardware and Installation ITEM D: Basic Network Maintenance ITEM E: 10 GBPS Wide Area Network Upgrade Bidders may bid only on one section or may bid on both sections at their option.
11. Evidence of Responsibility. Upon the request of the District, a bidder whose bid is under consideration for the award of the contract shall submit promptly to the District satisfactory evidence showing the bidder s financial resources, his construction experience, and his organization and plant facilities available for the performance of the contract. 12. Listing Subcontractors. Each bidder shall submit a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act. (Public Contract Code #4100, et seq.) Forms for this purpose are furnished with the contract documents. 13. Workers Compensation. In accordance with the provisions of #3700 of the Labor Code, Contractor shall secure the payment of compensation to his 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 #3700 of the Labor Code which require every employer to be insured against liability for workers compensation or to undertake selfinsurance 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. The form of such certificate is included as part of the contract documents. 14. Forfeiture for Failure to Execute Contract. In the event the bidder to whom an award is made fails or refuses to execute the contract within TEN consecutive calendar days from the date of receiving notification that he is the bidder to whom the contract is awarded, the District may declare the bidder s bid deposit or bond forfeited as damages caused by the failure of the bidder to enter into the contract, and may award the work to the next lowest bidder, or may call for new bids. 15. 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 and Housing Act, beginning with Government Code #12900, and Labor Code #1735. In addition, the Contractor agrees to require like compliance by any subcontractors employed on the work by him. 16. Non Collusion Certificate. Bidders on all public works contracts are required to submit an Affidavit of Non Collusion with their bid. This form is included with the bid package and must be signed under the penalty of perjury and dated. 17. Grounds for Relief. The bidder shall establish to the satisfaction of the court/district that: (a) A mistake was made (b) He or she gave the District written notice within five (5) days after the opening of the bids of the mistake, specifying in the notice in detail how the mistake occurred. The mistake made the bid materially different than he or she intended it to be. (d) The mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work, or in reading the plans or specifications, as defined in the Public Contract Code #5103.
18. Approximate Estimate. The quantities given in the proposal and contract are approximate only, being given as a basis for the comparison of bids. The Department does not, expressly or by implication, agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of the work, or to omit portions of the work, as may be deemed necessary or advisable by the District. 19. Intent of Plans and Specifications. The intent of plans and specifications is to prescribe the details for the construction and completion of the work which the Contractor undertakes to perform in accordance with the terms of the contract. Where the plans or specifications describe portions of the work in general terms, but not in complete detail it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the contract in a satisfactory and workmanlike manner. 20. Trade Names and Alternatives. For convenience in designation on the plans or in the specifications, certain articles or materials to be incorporated in the work may be designated under a trade name or in the name of a manufacturer and his catalogue information. The use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements: The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor and he shall furnish all information necessary as required by the District. The district shall be the sole judge as to the quality and suitability of alternative articles or materials and his decision shall be final. Whenever the specifications permit the substitution of a similar or equivalent material or article, no tests or action relating to the approval of such substitute material will be made until the request for substitution is made in writing by the contractor, enclosed in the sealed bid packet, and accompanied by complete data as to the equality of the material or article proposed. 21. Laws to be Observed. The Contractor shall keep himself fully informed of all existing and future State and federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He shall at all times observe and comply with, and shall cause all his agents and employees to observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees of bodies or tribunals having any jurisdiction or authority over the work; and shall protect and indemnify the District and all officers and employees thereof connected with the work, against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or contract for the work in relation to any such law, ordinance, regulation, order or decree the Contractor shall forthwith report the same to the District in writing. 22. Sales Tax. Bidders are to include sales tax in their pricing in the space provided on the Bid tabulation sheet, if applicable.
23. Security Clearance Requirements. Awarded Contractor will be required to comply with Education Codes 45125.1(a) and 45125.1(e). It requires if the contractor or the employees of the contractor may have any contact with pupils while performing the fulfillment of the contract those employees shall submit or shall show evidence of current acceptance of their fingerprints in a manner authorized by the Department of Justice. Additional legislation states contractor to comply with 45125.2 "limited contact" with pupils by: 1 st installing a physical barrier or 2 nd contractor's employees may be continually supervised and monitored by a contractor's employee who has been fingerprinted and verified not to have committed a serious or violent felony. 24. Substitution for Retentions. Pursuant to Public Contract Code Section 22300, Contractor will be permitted the option to deposit securities with an escrow agent as a substitute for retention earnings withheld by District to ensure performance. Selection must be requested prior to the date construction commence
BID FORM AND DESIGNATION OF CONTRACTORS TO: CENTINELA VALLEY UNION HIGH SCHOOL DISTRICT, acting by and through its Governing Board, herein called the "District": 1. Pursuant to and in compliance with your Notice to Contractors Calling for Bids and the other documents relating thereto, the undersigned bidder, having familiarized himself with the terms of the contract, 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, and with the drawings and specifications and other contract documents, hereby proposes 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 utility and transportation services necessary to perform the contract and complete in a workmanlike manner all of the work required in connection with: BID # 11-01 E-RATE YEAR 14 LEUZINGER (VOIP, AUDIO/VISUAL, AND NETWORK HARDWARE), BASIC NETWORK MAINTENANCE, 10 GBPS WIDE AREA NETWORK UPGRADE ITEM A: VoIP System and Installation ITEM B: Audio/Visual System and Installation ITEM C: Network Hardware and Installation ITEM D: Basic Network Maintenance ITEM E: 10 GBPS Wide Area Network Upgrade All in strict conformity with the drawings and specifications and other contract documents, including addenda nos. on file at the office of the DIRECTOR OF PURCHASING, 14901 S. Inglewood Ave., Lawndale, CA 90260, of said District for the sum of: NOTE ALL PRICING ON THE ATTACHED PAGES AND ALSO NOTE ANY ADDENDUMS. SEE AND USE PAGES of the BID FORM FOR PRICING 2. It is understood that the District reserves the right to reject this bid and that this bid shall remain open and not be withdrawn for the period specified in the Notice to Contractors Calling for Bids. 3. The required bid security is to be submitted by the Contractor in the sealed envelope as required by law. 4. It is understood and agreed that if written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned after the opening of the bid, and within the time this bid is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to the District a contract in the form attached hereto in accordance with the bid as accepted, and that he will also furnish and deliver to the District the Performance Bond and Payment Bond as specified, all within five (5) days after receipt of notification of award, and that the work under the Contract
shall be commenced by the undersigned bidder, if awarded the contract, on the date to be stated in the District's notice to the Contractor to proceed, and shall be completed by the Contractor in the time specified in the contract documents. 4A. The contract awarded in categories A, B, and C will be for the term of 36 months from July 1, 2011 or from start date of project, whatever is later. Centinela Valley Union High School District has the option to extend the term by an additional 24 month period, if required. The contract awarded for category D will be for the term of 12 months from July 1, 2011 and may be extended annually for a maximum of four additional years. The term of the contract awarded for category E will be based upon the needs of the District. 5. All notices or other correspondence should be addressed to the undersigned at the address stated below. 6. The names of all persons interested in the proposal as principals are as follows: IMPORTANT NOTICE: If Bidder 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 bidder or other interested person is an individual, state first and last names in full. 7. The undersigned holds a license Class License No. Spin No.. 8. In the event the bidder to whom the contract is awarded fails or refuses to post the required bonds and return executed copies of the agreement form within five (5) calendar days from the date of receiving the contract, the District may declare the Bidder's bid deposit or bond forfeited as damages. 9. Pursuant to Section 4552 of the Government Code, in submitting a bid to the District, the bidder offers and agrees that if the bid is accepted, it will assign to the District all rights, title, and interest in and to all causes of action it may have under #4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or service by the bidder for sale to the District pursuant to the bid. Such assignment shall be made and become effective at the time the District tenders final payment to the bidder. 10. Designation of Subcontractor a. In compliance with the Subletting and Subcontracting Fair Practices Act (Public Contract Code #4100 et seq.) and any amendments thereof, each bidder shall set forth below: (1) the name and the location of the place of business of each subcontractor who will perform work or labor or render services to the prime contractor in or about the
construction of the work or improvement to be performed under this contract in an amount in excess of one half of one percent of the prime contractor's total bid, and (2) 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 portion as is defined by the prime contractor in this bid. b. 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, he shall be deemed to have agreed that he is fully qualified to perform that portion himself, and that he shall perform that portion himself. No prime contractor whose bid is accepted shall (1) substitute any subcontractor, (2) permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the original bid, or (3) 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 his 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. Portion of Work Subcontractor Name Sub's License # Business Address FOR SUBCONTRACTOR LISTING USE OTHER FORM ENCLOSED 11. No bid will be accepted without the firm name, signed by an authorized officer or employee. Bids must include the firm name, address, telephone number and date. The signature assumes all obligations must be fulfilled. Date Telephone Number Fax Number Company Name Address
Federal Tax ID # Authorized Signature Printed Name CONTRACTOR'S CERTIFICATE OF WORKERS' COMPENSATION I,, the of (Individual Name) (Title) declare, state and certify: (Contractor Name) 1. I am aware that California Labor Code #3700 (a) and (b) provides: Every employer 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 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 employees. 2. I am aware that the provisions of California Labor Code #3700 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 Contract. (In accordance with Article 5 [commencing at Section 1860], 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.) (Contractor Name) (Typed or Printed Name) By: (Authorized Signature)
NON COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID. I, the (Individual Name) (Title) of, (Name of Company Submitting Bid) the party making the foregoing bid. In connection with the foregoing bid, the undersigned declares, states and certifies that: 1. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. 2. The bid is genuine and not collusive or sham. 3. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any other bidder or anyone else to put in a sham bid, or to refrain from bidding. 4. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or of that of any other bidder, or to fix any overhead, profit or cost element of the bid price or of that of any other bidder, or to secure any advantage against the public body awarding the contract or of anyone interested in the proposed contract. 5. All statements contained in the bid are true. 6. The bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Executed this day of, 20, at (City, County & State) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (Typed or Printed Name) (Address) (City, State, Zip Code) (Telephone Number) (Fax Number) (Signature)
AGREEMENT THIS AGREEMENT, made this day of 20, in the County of Los Angeles, State of California, by and between CENTINELA VALLEY UNION HIGH SCHOOL DISTRICTS, 14901 S. Inglewood Ave, Lawndale, CA 90260, hereinafter called the District, and hereinafter called the Contractor, WITNESSETH that the District and the Contractor for the considerations stated herein agree as follows: Article 1 SCOPE OF WORK. The Contractor shall perform within the time stipulated the contract as herein defined, and shall provide all labor, materials, tools, utility services, and transportation to complete in a workmanlike manner all of the work required in connection with the following titled project: BID # 11-01 E-RATE YEAR 14 LEUZINGER (VOIP, AUDIO/VISUAL, AND NETWORK HARDWARE), BASIC NETWORK MAINTENANCE, 10 GBPS WIDE AREA NETWORK UPGRADE IT IS THE DUTY OF THE Contractor to complete the work covered by this contract in exact accordance with the approved plans, specifications and other contract documents as specified in Article 6 below. The Contractor shall be liable to the District for any damages arising as a result of a failure to fully comply with that obligation, and the Contractor shall not be excused with respect to any failure to so comply by any act or omission of the Architect, Engineer, Inspector, Office of the State Architect, or representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the contract documents. Such protest shall not be effective unless reduced to writing and filed with the district office within three working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the contract documents. Article 2 TIME FOR COMPLETION. The work shall be commenced on the date stated in the District's notice to proceed, as provided in Section A of the Supplementary General Conditions, and as specified therein, shall be completed within 36 months from July 1, 2011 or from start date of project, whatever is later. Centinela Valley Union High School District has the option to extend the term by an additional two (2) 12 month period, not to exceed a TOTAL 60 month term for this contract, if required. Work not completed in conformance with the foregoing shall be subject to liquidated damages in the amount set forth in Section B of the Supplementary General Conditions.
ARTICLE 3 CONTRACT PRICE. The District shall pay to the contractor as full consideration for the faithful performance of the contract, subject to any additions or deductions as provided in the contract documents, the sum of Dollars ($ ), said sum being the total amount of the following amounts stipulated in the proposal: Article 4 HOLD HARMLESS AGREEMENT. The Contractor agrees to and does hereby indemnify and hold harmless the District, its officers, agents, and employees from every claim or demand made, and every liability, loss, damages, or expense, of any nature whatsoever, including attorney fees and costs, 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 this 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 (b) 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 this agreement, whether said injury of 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. (c) The Contractor, at his 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 officer, agents or employees, on any such claim, demand or liability, 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. Article 5 PROVISIONS REQUIRED BY LAW. Each and every provision of law and clause required to be inserted in this Contract shall be deemed to be inserted herein and this Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not inserted correctly, then upon application of either party the Contract shall forthwith be physically amended to make such insertion or correction.
Article 6 COMPONENT PARTS OF THE CONTRACT. The Contract entered into by this Agreement consists of the following contract documents, all of which are component parts of the contract as if herein set out in full or attached hereto: Notice to Contractors Calling for Bids; Information for Bidders; Bid Form and Designation of Subcontractors; Certification of Workers' Compensation; Non Collusion Affidavit; Agreement; General Conditions and Supplementary General Conditions; Specifications; Addenda Nos.,,, as issued; Drawings. All of the above named contract documents are intended to be complementary. Work required by one of the above named contract documents and not by others shall be done as if required by all. IN WITNESS WHEREOF, this Agreement has been duly executed by the above named parties, on the day and year first above written. CONTRACTOR: By By Dated DISTRICT: CENTINELA VALLEY UNION HIGH SCHOOL DISTRICT By Superintendent By Authorized Signature Dated 3/22/2011 Federal Tax ID # Spin #
CONTENTS OF GENERAL CONDITIONS ARTICLE NO. 1. DEFINITIONS 2. DRAWINGS AND SPECIFICATIONS 3. COPIES FURNISHED 4. OWNERSHIP OF DRAWINGS 5. DETAIL DRAWINGS AND INSTRUCTIONS 6. TIME FOR COMPLETION AND LIQUIDATED DAMAGES 7. PROGRESS SCHEDULE 8. CONTRACT SECURITY 9. ASSIGNMENT 10. CHANGE IN NAME AND NATURE OF CONTRACTOR S 11. LEGAL ENTITY 12. SEPARATE CONTRACTS 13. DISTRICT S RIGHT TO TERMINATE CONTRACT 14. GUARANTEE 15. NOTICE AND SERVICE THEREOF 16. WORKERS 17. INSURANCE REQUIREMENTS 18. FIRE INSURANCE 19. PROOF OF CARRIAGE OF INSURANCE 20. LAWS AND REGULATIONS 21. PERMITS AND LICENSES 22. EXCISE TAXES 23. PATENTS, ROYALTIES, AND INDEMNITIES 24. SHOP DRAWINGS 25. SAMPLES 26. COST BREAKDOWN AND PERIODICAL ESTIMATES 27. PAYMENTS 28. SUBSTITUTED SECURITY 29. ACCEPTANCE OF COMPLETION 30. PAYMENTS WITHHELD 31. CHANGES AND EXTRA WORK 32. RESOLUTION OF CONSTRUCTION CLAIMS 33. DEDUCTIONS FOR UNCORRECTED WORK 34. PAYMENTS BY CONTRACTOR 35. CONTRACTOR S SUPERVISION 36. DOCUMENTS ON WORK 37. SANITARY FACILITIES 41. PROTECTION OF WORK AND PROPERTY 43. CUTTING AND PATCHING 44. CLEANING UP 45. CORRECTION OF WORK BEFORE FINAL PAYMENT 46. ACCESS TO WORK 47. OCCUPANCY
48. DISTRICT S INSPECTOR 49. SUBSURFACE CONDITIONS 50. TESTS AND INSPECTIONS 52. ARCHITECT S STATUS 53. ARCHITECT S DECISION 54. MATERIALS AND WORK 55. SUBSTITUTIONS 56. SUBCONTRACTING 58. RECORD OF WAGES PAID: INSPECTION 59. HOURS OF WORK 60. APPRENTICES 61. ASSIGNMENT OF ANTI TRUST CLAIMS 62. WORKERS COMPENSATION INSURANCE 63. PROVISIONS REQUIRED BY LAW DEEMED INSERTED
GENERAL CONDITIONS Article 1. DEFINITIONS. (a) The District, the Contractor, and the Architect are those named as such in the Contract Documents and are referred to as if each were of the singular and masculine gender. (b) Subcontractor, as used herein, includes those having direct contact With Contractor and one who furnishes material worked to a special design according to plans and specifications of this work, but does not include one who merely furnishes material not so worked. (c) Worker includes laborer, worker, or mechanic. (d) Locality in which the work is performed means the county in which the public work is done. (e) Surety is the firm or corporation that executes as surety the Contractor's Performance Bond and Payment Bond. Surety must be an admitted surety insurer pursuant to Code of Civil Procedure #995.120. (f) Provide shall include "provide complete in place," that is, "furnish and install." (g) As shown as indicated as detailed, refer to drawings accompanying this specification. (h) The term "work" means labor and materials, or both, incorporated in, or to be incorporated in the construction covered by the Contract Documents. Unless otherwise specified, the terms "approved", "directed", "satisfactory", "accepted", "acceptable", "proper", "required", "necessary", and "equal", mean as approved, directed, satisfactory, accepted, proper, required, necessary and equal, in the opinion of the Architect. (i)architect can also mean Districts Representative or Project Manager (j) The letters "ASTM" mean the "American Society for Testing and Materials", and the latest edition shall apply for the respective specification designations. Article 2. DRAWINGS AND SPECIFICATIONS. Contract Documents are complementary, and what is called for by one document shall be as binding as if called for by all. The intention of the documents is to include all labor and materials, equipment and transportation necessary for the proper execution of the work. Materials or work described in words which so applied have a well known technical or trade meaning shall be deemed to refer to such recognized standards. Interpretations. Figured dimensions on drawings shall govern, but work not dimensioned shall be as directed. Work not particularly shown or specified shall be same as similar parts that are shown or specified. Large scale drawings shall take precedence over smaller scale drawings as to shape and details of construction. Specifications shall govern as to materials, workmanship, and installation procedures. Drawings and specifications are intended to be fully cooperative and to agree. However, if Contractor observes that drawings and specifications are in conflict, he shall promptly notify the Architect in writing and any necessary changes shall be adjusted as provided in contract for changes in work. Misunderstanding of drawings and specifications shall be clarified by the Architect, whose decision shall be final.
Standards Rules and Regulations referred to are recognized printed standards and shall be considered as one and a part of these specifications within limits specified. Specifications and Accompanying Drawings are intended to delineate and describe the project and its component parts to such a degree as will enable skilled and competent contractors to intelligently bid upon the work, and to carry said work to a successful conclusion. Trade Name or Trade Term. It is not the intention of said documents to go into detailed descriptions of any materials and/or methods commonly known to the trade under "trade name" or "trade term". The mere mention or notation of such "trade name" or "trade term" shall be considered a sufficient notice to Contractor that he will be required to complete the work so named with all its appurtenances according to the best practices of the trade. The naming of any material and/or equipment shall mean furnishing and installing of same, including all incidentals and accessory items thereto and/or labor therefor, as per best practices of the trade(s) involved, unless specifically noted otherwise. Contract Documents. In case of conflict between the drawings and specifications, the specifications shall take precedence. Drawings and Specifications are intended to comply with all laws, ordinances, rules and regulations of constituted authorities having jurisdiction, and where referred to in the Contract Documents, said laws, ordinances, rules and regulations shall be considered as a part of said Contract Documents within the limits specified. The Contractor shall bear all expenses of correcting work done contrary to said laws, ordinances, rules and regulations if the Contractor knew or should have known that the work as performed is contrary to said laws, ordinances, rules and regulations and if the Contractor performed same (1) without first consulting the Architect for further instructions regarding said work or (2) disregarded the Architect's instructions regarding said work. Article 3. COPIES FURNISHED. Contractor will be furnished, free of charge, copies of drawings and specifications as set forth in the supplementary General Conditions. Additional copies may be obtained at cost of reproduction. Article 4. OWNERSHIP OF DRAWINGS. All drawings, specifications, and copies thereof furnished by the District are its property. They are not to be used on other work and with exception of signed contract sets are to be returned upon request at completion of work. Article 5. DETAIL DRAWINGS AND INSTRUCTIONS. (a) In case of ambiguity, conflict, or lack of information, Architect shall furnish with reasonable promptness, additional instructions by means of drawings or otherwise, necessary for proper execution of work. All such drawings and instruments shall be consistent with contract documents, true developments thereof, and reasonably inferable therefrom. (b) Work shall be executed in conformity therewith and Contractor shall do no work without proper drawings and instructions.