RFP 18-12 Data Center Switching Upgrade and Expansion

RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 1 of 40

SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT

REQUEST FOR PROPOSALS, RFP No. 18-12

Data Center Switching Upgrade and Expansion _____________________________________________________________________________________

REQUEST FOR PROPOSAL

RFP No. 18-12

Data Center Switching Upgrade and

Expansion

PROPOSAL DUE DATE

Proposals must be submitted by

11:00 a.m., Friday, January 11, 2019

SUBMIT RESPONSE TO SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT

ATTN: Eva Ramirez, Buyer - Purchasing Services

Main Lobby Foyer Area (Bid Box)

793 North E Street

San Bernardino, CA 92410

Phone: (909) 381-1131


SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT

793 North "E" Street


REQUEST-FOR-PROPOSALS

RFP No. 18-12

Data Center Switching Upgrade and Expansion

NOTICE IS HEREBY GIVEN that the San Bernardino City Unified School District of San Bernardino

County, State of California, acting by and through its Governing Board, hereafter referred to as the “District”, is

soliciting sealed proposals in response to RFP No. 18-12 Data Center Switching Upgrade and Expansion.

Proposals must be received up to but not later than: Friday, January 11, 2019 at 11:00 a.m.

Vendors who are desirous of securing a copy of the RFP documents may do so by download from the District’s

website at: http://sbcusd.com/bidpostings. Proposal responses must conform and be responsive in accordance

with the RFP Documents that are on file for examination at the District’s Purchasing Department and posted on

the District’s website.

Proposals must be received at the Purchasing Department, Bid Box, San Bernardino City Unified School

District, 793 North E Street, San Bernardino, CA 92410, and shall be opened on the date at the below stated

time and place. All responses must be clearly marked on the outside of the sealed envelope with the Vendor’s

company name and the RFP number. It is the Vendor’s sole responsibility to ensure that its proposal response

is received at the correct location and by the time of opening. No Vendor may withdraw its RFP for a period of

60 days after the date set for the opening of proposals.

Contract award is contingent upon availability of funds. Minority and Disabled Veterans Businesses are

specifically encouraged to respond.

The District reserves the right to accept or reject any or all proposals, and to accept or reject any item, to

withdraw a line item or entire RFP, and to waive any irregularities or informalities in the RFP document(s).

The District may award any, all, or none of this RFP.

By: Eva Ramirez

Purchasing Services - Buyer

1st PUBLICATION: Friday, December 21, 2018

2nd PUBLICATION: Friday, December 28, 2018

Request for Clarification: Wednesday, January 2, 2019 at 11:00 a.m.

Public Opening: Friday, January 11, 2019 at 11:00 a.m.

http://sbcusd.com/bidpostings


TABLE OF CONTENTS

Purpose, About the District and Current Environment ............................................... 4

Notice Inviting Proposals ............................................................................................ 4

Instructions to Proposers ………………………………………………...…….…… 5-9

Proposal Submission ................................................................................................... 5 - 6

Fee Schedule ................................................................................................................ 6

Proposal Format .......................................................................................................... 6 - 8

Proposal Acceptance ................................................................................................... 8 - 9

Evaluation Criteria ...................................................................................................... 9

Schedule of Events ...................................................................................................... 9

Term of Contract Award (District T&C’s) .................................................................. 10 - 17

Sample Agreement ...................................................................................................... 17 - 20

Scope of Work ............................................................................................................. 21 – 23

Drawing……………………………………………………………………………... 24

Provider’s Qualification Statement ............................................................................. 25 - 28

Required Certifications/Forms .................................................................................... 29 - 40


INTRODUCTION

1.0 Purpose - The purpose of this Request for Proposal is to solicit proposals from well qualified

bidders to provide equipment, materials, set-up, and services for Data Center Switching

upgrade and expansion at the District’s main data center site (hereafter “Data Center 1”) at

the SMART Building, located at 793 N. E St., San Bernardino, CA 92410. This RFP,

contingent upon the availability of funds, will also be used to upgrade the District’s

secondary data center site (hereafter “Data Center 2”) at the Professional Development

Center, located at 4030 Georgia Blvd., San Bernardino, CA 92407, with a smaller subset of

this equipment.

2.0 About the District - The San Bernardino City Unified School District has an Average Daily

Attendance (ADA) of approximately 54,000 students, and is located in central San

Bernardino County and serves a diverse geological area of approximately 105 square miles.

San Bernardino City Unified School District consists of small schools in rural mountain and

foothill communities and larger suburban schools in valley flatland areas. The district

operates 49 elementary schools, 11 middle schools, and 10 high schools. In addition, the

District operates a continuation school, community day school, independent study schools,

charter schools, and adult education and preschool programs. (For additional information on

the District, log onto http://sbcusd.com)

3.0 Notice Inviting Proposals - All interested vendors are invited to submit sealed proposals in

accordance with the terms and conditions stated in this Request for Proposal (RFP). Vendors

must possess strong experience with successful implementation in the delivery of the upgrade

equipment. The District is seeking proposals demonstrating “Best Value” proposals meeting

or exceeding RFP specifications. To be eligible for consideration, sealed proposals shall be

presented in accordance with the instructions of this solicitation within the timeframe

specified herein. It shall be the sole responsibility of the vendor to ensure proposals are

submitted on the date, time and location specified in the RFP document. San Bernardino

City Unified School District reserves the right, in its sole discretion, to determine the criteria

and process whereby proposals are evaluated and awarded. No damage shall be recoverable

by any challenger as a result of these determination or decision by the San Bernardino City

Unified School District Board of Education.

A copy of the RFP can be viewed and downloaded by accessing the District’s web site at

http://sbcusd.com/bidpostings. If a proposer discovers any ambiguity or error such as a

conflict, discrepancy, omission, or other error in the RFP, the proposer shall immediately

notify the District in writing.

The last day the District will accept request for clarifications is Wednesday, January 2,

2019, at 11:00 am. All questions or requests for clarification regarding this proposal are to

be submitted via email directed to the attention of Eva Ramirez, Buyer - Purchasing Services

at [email protected]. Contact with any other individual regarding this

solicitation may be grounds for rejection. Responses to questions and/or RFP clarifications

will be posted on the District web site as addenda. It is the sole responsibility of each bidder

to periodically check the web site for any addenda postings. Acknowledgement of all

addenda must be submitted with proposal response. Failure to acknowledge in writing the

receipt of any addendum may result in proposal rejection.

http://sbcusd.com/

http://sbcusd.com/bidpostings

mailto:[email protected]


INSTRUCTIONS TO PROPOSERS:

The term “Proposer”, “Vendor”, “Firm”, “Bidder” and “Provider” shall refer to the party

submitting a proposal pursuant to this RFP and/or the party selected by the District to perform

the Project pursuant to this RFP

4.0 Overview - The initial contract term shall be for approximately (12) twelve months with

the option to extended annually for a total of (3) three years. The District reserves the

right to add additional equipment and contract dollar amounts throughout any term of the

RFP or extension. Contract rates shall remain firm for each 12-month contract period. A

maximum price increase of 5% per contract term may be negotiated subject to existing

market conditions. In the event of a general price decrease the District reserves the right

to revoke the RFP award unless the decrease is passed on to the District. Vendor shall

provide 3-months advance notice of annual request for increase in rates, which shall be

subject to negotiation and written agreement between the parties.

5.0 Proposal Submittal - One (1) original, two (2) copies and one (1) digital copy on flash

drive of the Proposal must be mailed or delivered in a sealed envelope to the below stated

address and identified as RFP No. 18-12: Data Center Switching Upgrade and

Expansion, in the bottom left-hand corner of the envelope. The word “ORIGINAL”

shall be plainly stated on the original Proposal document. It is not necessary to submit

each proposal in a separate envelope. All proposals may be submitted in one packet. The

cost of preparing and submitting a proposal is the sole responsibility of the proposer and

shall not be chargeable in any manner to the District. The contents of any proposal shall

not be disclosed as to be made available to competing entities during the evaluation

process.

Proposals must be received in the San Bernardino City Unified School District “Bid

Box”, Attn: Eva Ramirez, Buyer - Purchasing Services, 793 North E Street, San

Bernardino, CA, 92410 not later than Friday, January 11, 2019, 11:00 a.m.

PACIFIC STANDARD TIME.

Proposal documents must not contain any erasures, interlineations, or other corrections

unless each such correction is initialed in the margin immediately opposite by the person

or persons signing the proposal. Responsibility for errors or omissions on the part of

respondents will not be assumed by the District. A response to any specific item of this

RFP with terms such as “negotiable”, “will negotiate”, or similar, may be considered

nonresponsive. No oral, telegraphic, email, or telephone quotations or modifications

will be accepted.

All pricing must be in ink or typewritten. No pencil figures or erasures permitted.

Mistakes may be crossed out and corrections inserted adjacent thereto and must be

initialed in ink by person signing quotation. The quantities contained within the RFP

documents are approximate. The District reserves the right to increase or decrease

quantities as required.

In addition to the Proposal, the Provider shall also complete as a part of the RFP the

following documents: Designation of Subcontractors Form, Fingerprint Form, and the

Non-Collusion Affidavit along with all other forms requested on pages 25 through 40.


5.1 Proposed Fee Schedule/Costs

A fee schedule/proposed cost for each service, product or software being proposed must be

clearly identified in the price proposal. Price proposal shall be in a separate sealed envelope

and clearly marked “Price Proposal”. Be thorough and specific as price will be weighed

heavily in determining “Best Value” and will form the basis of any contract award. Fees/costs

shall identify all terms, including but not limited to: 1) Cost of Installation; 2) Cost of Equipment

3) Any and all other fees necessary to complete the work.

5.1.1 Proposal Format – Each proposal should be clearly divided into sections (and

subsections at vendor’s discretion). Read the RFP carefully and respond

accordingly. Failure to do so may be cause for rejection. In order to simplify the

review process and to obtain the maximum degree of comparability, the proposals

should include the following items and be organized in the manner specified

below:

1. Letter of Transmittal

A letter of transmittal briefly outlining the firm’s understanding of the

work and general information regarding the firm and individuals, limited

to a maximum of two pages. The letter should clearly identify the local

address of the office of the firm performing the work, the telephone

number, and the name of the authorized representative. The letter should

include a clear statement from the firm that this offer is binding and shall

remain open for 60 days from the due date of this RFP and acknowledges

that its proposal cannot be withdrawn within that time without the written

consent of the District.

2. Table of Contents

Include a table of contents that identifies the material by section, page

number, and a reference to the information to be contained in the proposal.

3. Qualifications

Provide professional experience and qualifications for the Proposer and/or

firm and the designated individuals to provide the services specified in the

RFP. Please include responses to the following specific information:

a. Describe your firm’s background and history; include number of

years in business and number of years providing legal services to

similar entities. Company name, address, telephone, fax number,

contact name and email address. The proposal should state the size

of the firm, the location of the office from which the work on this

project is to be performed.

b. Location and office(s) that will service the District

c. Provide the name(s) and qualifications of the person(s) who will be

assigned to this project, including the following for each:

i. Certificates or licenses:

ii. Length of employment with firm


iii. Description of education including name of educational

institutions, degrees conferred, and year of each degree

iv. Professional background and professional associations;

v. Other District experience

vi. Specific expertise and training;

4. Exceptions to Term and Conditions

Any exceptions taken to District Terms and Conditions, contract

modifications, deletion or additions the firm would like District to

consider shall be included here. If proposer does not agree with any terms

or conditions of this RFP document, the District’s contract, or any District

Terms and Conditions, the proposer must present its exceptions with its

proposal. If no concerns are expressed by proposer, the District shall

consider that all terms and conditions of the RFP and District contract are

accepted. If proposer has Service Level Agreements, contract

modifications, deletions or additions it would like the District to

consider, those service level agreements, contract modifications,

deletions or additions must be submitted with the proposal. The District

reserves the right to negotiate and/or reject proposals based upon alternate

T&C’s offering and/or any exceptions taken to any District contract terms

and/or District RFP Terms and Conditions.

5. Scope of Work

Describe how your firm will provide services and fulfill the requirements

and expectations of the District and this RFP. Use this section to address

the ability of your company to undertake and accomplish the required

detailed specifications. Provide a startup action plan and timeline to

complete the project.

6. Cost Proposal (Attached RFP No. 18-12 Price Proposal)

This fee must include any and all fees that will be required in connection

with the outlined scope of services. The response should specify the basis

upon which your fees will be calculated and the scope of work to be

provided for your quoted fees.

7. Qualification Statement

The Qualification Statement included, on pages 25 through 28, in this RFP

shall be included here.

8. Project Specific Experience

List of your firm’s experience with three (3) projects of similar size and

complexity; one page per project, to include:

a. Role of the firm

b. Dollar value of the project

c. Project description

d. Staffing


e. Duration of project

f. Client contact information, name, position, entity name, telephone

number, and email address for each project.

9. Certifications and Other Required Forms

Forms provided on pages 30 through 41 shall be included here.

5.2 Proposal Acceptance

Failure to submit the information requested may result in the District’s request for prompt

submission of missing information and/or giving a lower evaluation of the proposal. The

District reserves the right to reject proposals which are substantially incomplete or lack

material information.

Issuance of this RFP and receipt of proposals does not commit the District to make an

award. The District reserves the right to postpone opening, to accept or reject any or all

proposals received, to waive any informality or irregularity in the proposal response, to

negotiate with other than the highest ranked proposer, or to cancel all or any part of this

RFP, all in the best interest of the District. Any award will be contingent upon available

and approved funding.

A proposer may modify or withdraw a proposal after submission by written notice of

withdrawal provided that the proposal is withdrawn prior to the due date. No proposal

may be withdrawn for a period of sixty (60) days after stated due date of proposal

response. No proposal or proposal modification received after the due date will be

considered

5.3 Proposal Evaluation

All Proposals will be evaluated for completeness and the proposer’s ability to meet or

exceed RFP specifications. A contract, if awarded, will be pursuant to California Public

Contract Code 20118.2, which permits the District to competitively negotiate such

contracts and to consider more than simply price in awarding the contract. In this case,

price will be the most heavily weighted factors; though the District will also consider the

prospective Vendor’s ability to meet the minimum technical specifications for the

services as described in the RFP, as well as other relevant factors, including but not

limited to performance reliability, speed of service, warranties and customer support.

5.3.1 Proposal Evaluation Criteria

During the evaluation period, the District reserves the right to conduct on

District site, telephone or email conversations with a Proposer to clarify

proposals, competitively negotiate, ask questions or obtain additional

information.

The criteria listed below are not necessarily an all-inclusive list. While

price will be the most heavily weighted criteria, the order of appearance is

not intended to indicate relevance of importance. Once a proposer has

been found responsive to the RFP requirements, a determination of award

will be made based on the following considerations:


5.3.2 Schedule of Events

NOTE: Above dates are approximate and subject to change.

GENERAL TERMS AND CONDITIONS

1. Terms of Contract: Any award made between the District and successful proposing

Vendor will consist of a District Agreement (a copy of which is included in this RFP

package), this RFP document, all addenda, the Vendor’s submitted proposal, all

negotiation documents, District’s Terms & Conditions, and any resulting Purchase

Order(s).

2. Agreement and Bonds: The form of agreement for the Contract, which the successful

Proposer, as Contractor, will be required to execute, and the bond(s) which Proposer will

be required to furnish, are included in and form a part of this section and the contract

documents.

3. Bonds: The Proposer to whom award is made shall be required at the time of the

execution of the Agreement to furnish a Performance Bonds in an amount not less than

one hundred percent (100%) total price listed on the RFP form. This bond shall be

secured from a surety company satisfactory to District, shall be submitted on the

prescribed bond form, and the successful Proposer thereon shall pay the premiums. The

bonds must be executed by an admitted Surety approved to conduct business in the State

of California, pursuant to California Code of Civil Procedure Section 995.120. Failure to

submit acceptable bonds will be cause for rejection of the RFP. Said bonds shall be

furnished within ten (10) working days after Notice of Award.

Should, in the District’s sole opinion, any bond become insufficient or Surety found to be

unsatisfactory, the Firm shall renew or replace the affected bond within ten (10) days of

receiving notice from the District. In the event the Surety or the Firm intends to reduce or

cancel any required bonds, at least thirty (30) days prior written notice shall be given to

the District, and the Firm shall post acceptable replacement bonds at least ten (10) days

prior to expiration of the original bonds. No further payments shall be deemed due or will

Criteria Points

Fee Schedule, Costs, Best Value Pricing Structure 40

Responses to Scope of Work and Supplemental Questionnaire 20

Firm’s expertise, background, personnel qualifications, experience with

similar clients, acceptance and/or alternate T&C’s offering 20

References and projects of similar complexity 10

Proposal format, organization and clarity 5

Proposal offering overall most attractive and best value to the District 5

Total Points 100

Closing Date for Questions/Clarifications Wednesday, January 2, 2019 at 11:00 a.m.

Proposal Due Date Friday, January 11, 2019 at 11:00 a.m.

Anticipated Board Approval/Contract Award February 2019

Anticipated Start Date February 2019


be made under this Contract until any replacement bonds required by this Section are

accepted by the Owner.

To the extent available, the bonds shall further provide that no change or alteration of the

Contract (including, without limitation, an increase in the price initially proposed,

extensions of time, or modifications of the time, terms, or conditions of payment to the

Firm will release the surety. If the Firm fails to furnish any required bond, the District

may terminate the Contract for cause.

4. Ownership of Drawings and Specifications: Except the Firm’s executed set, all of the

drawings and the contract documents are District’s property. Said drawings and

specifications are not to be used on any other work and all sets shall be returned to

District, upon request, at the completion or cessation of the work or termination of the

contract.

5. Provider’s License: District requires that the Proposer possess the following

classification of Provider’s license at the time the contract is awarded: (a) Class C7 &

C10 and (b) has determined that if the license classification specified in “(a)” is that of a

“specialty contractor” (as defined in California Business and Professions Code Section

7058), the specialty contractor’s license so specified will, at a minimum, constitute a

majority of the Work. All subcontractors shall have and maintain a current and valid

contractor license of the required classification from the State of California.

District requires that: (a) the Proposer be licensed in the State of California, (b) the

Proposer’s license appear clearly on the RFP, and (c) the license expiration date appear

on the RFP.

No RFPs will be accepted from a Firm who is not licensed in accordance with the law

under the provisions of Division III, Chapter 9 of the Business and Professions Code of

the State of California.

6. Subcontractors: Proposer shall set forth the name and address of the place of business

for each subcontractor who will perform work, labor, furnish materials, or render service

to the Proposer on said contract, and each subcontractor licensed by the State of

California who, under subcontract to Proposer, specially fabricates and installs a portion

of the work contained in the plans and specifications, in an amount in excess of one-half

(1/2) of one percent (1%) of the Prime Contractor’s total RFP, and the portion of the

work to be done by such subcontractor in accordance with Public Contract Code Section

4104.

Pursuant to the requirements of SB 1362 and California Labor Code Section 3099.2, all

employees performing electrical work for a subcontractor holding a C-10 license must be

certified. If employees working on the project are found not to be certified, they shall be

immediately removed. Failure to provide proof of this documentation on all employees

will be considered a violation and subject the subcontractor to corrective action up to and

including being removed from the project.

Holidays shall be deemed to mean and include New Year’s Day, Memorial Day, Fourth

of July, Veteran’s Day, Thanksgiving Day, and Christmas Day.

7. Insurance/Bonds:


A. Commercial General Liability

(1) Proposer shall take out and maintain, during the performance of all work

under this Contract, in amounts not less than specified herein, Commercial

General Liability Insurance, in a form and with insurance companies

acceptable to the District.

(2) Coverage for Commercial General Liability insurance shall be at least as

broad as the following:

Insurance Services Office Commercial General Liability coverage

(Occurrence Form CG 0001)

(3) Commercial General Liability Insurance must include coverage for the

following:

a. Bodily Injury and Property Damage

b. Personal Injury/Advertising Injury

c. Premises/Operations Liability

d. Products/Completed Operations Liability

e. Aggregate Limits that Apply per Project

f. Explosion, Collapse and Underground (UCX) exclusion

deleted

g. Contractual Liability with respect to this Contract

h. Broad Form Property Damage

i. Independent Contractor Coverage

B. Automobile Liability

(1) At all times during the performance of the work under this Contract,

Proposer shall maintain Automobile Liability Insurance for bodily injury

and property damage including coverage for owned, non-owned and hired

vehicles, in a form and with insurance companies acceptable to the

District.

(2) Coverage for automobile liability insurance shall be at least as broad as

Insurance Services Office Form Number CA 0001 (ed. 6/92) covering

automobile liability, Code 1 (any auto).

(3) The automobile liability program may utilize deductibles, but not a self-

insured retention, subject to written approval by the District.

C. Workers' Compensation/Employer's Liability

(1) At all times during the performance of the work under this Agreement and

until the date of Project completion and acceptance by the District,

Proposer shall maintain workers' compensation in compliance with

applicable statutory requirements and Employer's Liability Coverage in

amounts indicated herein.

(2) Proposer hereby agrees to accept exclusive liability for, and shall hold

District, District’s officers, directors, employees and agents harmless


from, all payroll taxes for contributions to unemployment insurances or

old age pensions, or annuities, measured by wages, salaries or other

remuneration paid to employees of Said Contractor of any subcontractors.

(3) By signing this Contract, Proposer certifies to the District that pursuant to

Section 1861 of the Labor Code:

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

performance of the work of this contract.

(4) If insurance is maintained, the workers' compensation and employer's

liability program may utilize either deductibles or provide coverage in

excess of a self-insured retention, subject to written approval by the

District.

(5) Before beginning work, Proposer shall furnish to the District satisfactory

proof that he/she has taken out for the period covered by the work under

this Agreement, full compensation insurance for all persons employed

directly by him/her to carry out the work contemplated under this

Agreement, all in accordance with the "Workers' Compensation and

Insurance Act," Division IV of the Labor Code of the State of California

and any acts amendatory thereof. Proposer shall require all sub-

contractors to obtain and maintain, for the period covered by the work

under this Agreement, worker’s compensation of the same type and limits

as specified in this section.

D. Minimum Policy Limits Required

(1) The following insurance limits are required for the Agreement:

Combined Single Limit

Commercial General Liability $2 million per occurrence / $2 million

aggregate for bodily injury, personal injury

and property damage

Automobile Liability $1 million per occurrence for bodily injury

and property damage

Employer's Liability $1 million per occurrence

(2) The District will accept an excess or umbrella policy that brings the

primary limits to the minimum requirements listed above.

E. Evidence Required

(1) Prior to execution of the Agreement, Proposer shall file with the District

evidence of insurance from an insurer or insurers certifying to the

coverage of all insurance required herein. Such evidence shall include


original copies of the ISO CG 2010 (or insurer's equivalent) signed by the

insurer's representative and Certificate of Insurance (Accord Form 25-S or

equivalent). All evidence of insurance shall be signed by a properly

authorized officer, agent or qualified representative of the insurer and shall

certify the names of the insured, any additional primary insureds, where

appropriate, the type and amount of the insurance, the location and

operations to which the insurance applies, and the expiration date of such

insurance.

(2) Insurance certificates shall be attached hereto as Exhibit “B.”

F. Policy Provisions Required

(1) All policies shall contain a provision for 30 days advance written notice by

the insurer(s) to the District of any cancellation. Statements that the

carrier "will endeavor" and "that failure to mail such notice shall impose

no obligation and liability upon the company, its agents or

representatives," will not be acceptable on certificates.

(2) All such policies shall name the San Bernardino City Unified School

District, the board and each member of the board, its officers, employees,

agents and designated volunteers as Additional Insureds under the

policies.

(3) All policies shall contain a provision stating that Proposer's policies are

primary insurance and that the insurance of the District or any named

insureds shall not be called upon to contribute to any loss.

8. Self-Insured: In any instance in which successful proposer choose to self-insure the

amount of the retained limit or the underlying policy limits, the assured, as self-insurer,

has the same duties and obligations as above. The self-insured entity represents that it

currently holds coverage in the amounts as required herein. Any deductibles or self-

insured retentions must be declared to and approved by the District. District shall

guarantee that, at the option of the District, either: (1) the self-insurer shall eliminate such

deductibles or self-insured retentions in respects to the District, its Buyers, officers,

employees, agents and volunteers; or (2) the self-insurer shall procure a bond

guaranteeing payment of losses and related investigation costs, claims, administrative and

defense expenses.

9. Assignment: Contract shall not be assignable in whole or in part without prior written

consent of the District. In the event of any assignment hereunder to which the District has

consented, each such assignment shall contain a provision that further assignments shall

not be made to any third or subsequent party without additional written consent of the

District.

10. Mediation/Arbitration: If a dispute arises out of or relates to the contract, or the breach

thereof, and if said dispute cannot be settled through direct discussions, the parties agree

to first endeavor to settle the dispute in an amicable manner by mediation under a

mutually agreed upon process before resorting to arbitration. Thereafter, any unresolved

controversy or claim arising out of or relating to the Agreement, or breach thereof, shall


be settled by arbitration in the State of California, San Bernardino County, in accordance

with a mutually agreed upon process.

11. Fingerprint Requirements: This RFP and any resulting contract award are subject to

the provisions of Education Code Section 45125.1. Upon contract award, the successful

Bidder will be required to comply with these fingerprint requirements. The Service

Proposer’s employees are required to submit fingerprints to the Department of Justice

where an employee may come into contact with students at any school site.

12. Debarment, Suspension and Exclusion: The successful bidder shall certify, that neither

it nor its principals is presently debarred, suspended, proposed for debarment; declared

ineligible, or voluntarily excluded from participation in the transaction by any Federal

department or agency. It further agrees by submitting this proposal that it will include

this clause without modification in all lower tier transactions, solicitations, proposals,

contract and subcontracts. Where the bidder or any lower tier participant is unable to

certify to this statement; it shall attach an explanation to the RFP response

13. Contract Termination:

13.1 Default - In addition to any other rights of termination or any other remedies available

at law or in equity, including but not limited to, liquidated damages, if District

determines that a default or violation under the contract has occurred, it shall provide

written notice to the Vendor describing the default or violation and it shall require the

default or violation to be cured within five (5) business days. If the default or

violation is not cured within that five (5) day period, the District may exercise its right

to terminate the contract. In the event of a termination, District shall send a notice of

termination in any manner acceptable as described in Notices, to the Vendor declaring

the contract to be terminated as of the date provided in the notice.

13.2 Unsatisfactory Performance - If, at any time during the performance of the contract

it is determined that Vendor’s Services are unsatisfactory, the District shall provide

written notice to the Vendor describing the unsatisfactory performance and a

reasonable cure period. If the performance remains unsatisfactory at the end of the

cure period, the District shall provide notice to the Vendor and the District shall have

the right to terminate the contract as may be stated in the notice. In the event of a

termination, the District is obligated to make payments only for services rendered up

to the notice of termination.

13.3 Convenience - In addition to any other termination conditions, the District may

terminate this contract, in whole or in part, for any reason whatsoever. The District

will give 30 days advance written notice.

13.4 Payment & Remedies - At the time of termination, payment of invoices for products

and services already received and approved in accordance with the RFP documents

shall be the responsibility of the District. The District shall not be responsible for any

loss of profits resulting from the cancellation. There shall be no early termination fee

charged to the District.

District’s right to terminate the contract as stated herein is in addition to any

remedies District may have, including but not limited to assessing liquidated


damages.

14. Damages for Equipment Damage: Actual damages shall be paid by the Proposer in the

amount it would cost the District to acquire a new, functionally equivalent replacement

device(s) if the District’s equipment is damaged by or through the fault or negligence of

the Proposer or Proposer’s agents during the period of repair and said equipment cannot

be repaired. In all cases, the repaired equipment must be operationally approved before

payment is made to the Firm for the service. If damaged equipment is not able to meet

operational standards, then the Proposer agrees to repair said equipment at the expense of

the Proposer, or replace the equipment.

15. Indemnification: To the fullest extent permitted by law, Provider shall indemnify,

defend and hold harmless District its Board, officers, employees, agents and volunteers

against any and all claims involving any type of property damage or personal injury,

including death, that may be asserted by any person or type of entity, arising out of or in

connection with the performance of work, both on and off the job site; provided however,

Provider shall not be liable for the sole established negligence or willful misconduct of

District its Board, officers, employees and volunteers. Provider will defend any action

filed in connection with any of said claims, damages, penalties, obligations or liabilities

and will pay all costs and expenses, including attorney fees in connection therewith.

Provider will promptly pay any judgment rendered against Provider or District arising out

of or in connection with such work, operation or activities of Provider hereunder and

Provider agrees to save and hold District harmless therefrom. District may retain to the

extent it deems necessary, the money due to Provider under and by virtue of the Contract

Documents until disposition has been made of such actions or claims for damages as

specified herein above.

16. Non-Availability of Funds: Contracted services are contingent upon availability of

funds. The District is not responsible, nor will it be penalized, for canceling or extending

the contract due to lack of funding.

Vendor agrees to stop work upon notification by the District. In accordance with the RFP

documents, the District will issue payment for the portion of work, product or service

received.

17. Changes in the Scope of Work: In the event District order changes in the Work, the

contract sum and the completion date will be adjusted accordingly utilizing the unit

prices set forth in the RFP Form, if applicable. Nothing in the Contract Documents shall

be deemed to limit the District’s ability to make changes to the Scope of Work. If a

change is of an item not covered by the Contract, District and Provider shall mutually

agree upon the value of the work based on labor, materials and equipment involved.

Regardless of ownership, equipment rates shall not exceed the listed prevailing rates at

local equipment rental agencies, or distributors, at the time the work is performed. All

changes in work shall be in writing and Provider shall be responsible for any and all work

done without District's prior written approval.

18. Brand Name or Equal: Whenever in the specifications any material, equipment,

process or article is identified by grade, patent or proprietary name or by name of

manufacturer, such specification shall be followed by the words "or equal." Proposer


may offer any material, process or article which shall be substantially equal or better.

Proposer bears the burden of proof as to the equality of any material, equipment, process

or article. District requires Proposer to furnish all documentation, specification

sheets and manufacturer documentation along with the proposal submission to

substantiate the proposers claim that the product offering is equal to or better than

the product specified in the bid. Failure to do so may be grounds for rejection of the

proposal. The District retains sole discretion in the determination of product substitution

suitability.

19. Technology Clause: As technology advances, it is understood that improved or

enhanced products may supersede existing products in both price and performance and

yet be essentially similar. This request for bids seeks to address the rapid advances in

technology by allowing functionality similar or identical products that may be introduced

in the future, during the term of this RFP, which may be accepted at the sole discretion of

the District for existing line item awards, to be included in the general umbrella of

compatible product lines and are thus specifically included in the RFP document.

20. Governing Law: This Agreement shall be construed in accordance with and be

governed by the laws of the State of California. The Parties agree that San Bernardino

County, California is the proper venue for enforcement of the terms of this Agreement.

The prevailing party in any action to enforce this Agreement or otherwise concerning the

terms of the settlement of the Action shall be awarded costs and attorney’s fees.

21. Guarantee of Work: District requires Provider to specifically guarantee its work for one

(1) year from the date of acceptance.

22. Examination and Audit

22.1 Audit - The contracting parties shall be subject to the examination and audit of

the District or District appointed auditor(s) throughout the performance period of the

contract, and for a period of three (3) years after final payment. The examination and

audit shall be confined to those matters connected with the performance of the

contract, including, but not limited to, the costs of administering the contract.

22.2 Audit Access - For the purposes of such audits, Vendor shall provide to the

District (or its designees) access to the part of any facility at which the Vendor is

providing services, to Vendor personnel, and to data and records relating to the

services. Vendor shall provide reasonable assistance during the audit and will

cooperate reasonably with the District in connection with audit functions and with

regard to examinations by regulatory authorities. The District’s auditors shall comply

with the Vendor’s reasonable security measures.

23. Contractual Agreement

Successful proposer will be required to enter into an agreement substantially similar in

format to the below sample agreement.


A G R E E M E N T

THIS AGREEMENT, dated the ___ day of ___, 20__, in the County of San Bernardino, State of

California, by and between the San Bernardino City Unified School District, hereinafter referred to

as "District” and ___________, hereinafter referred to as " Vendor".

W I T N E S S E T H:

That the District and Vendor, for the consideration stated herein, agree as follows:

1. Contract:

The complete contract includes all RFP documents, all of the contract documents, including the

Notice Inviting Proposals, RFP No. 18-12, all proposal addenda, the submitted proposal, all

negotiation documents, any resultant purchase order(s), District’s Terms and Conditions, Special

Conditions if any, Specifications, if any, this Agreement, and all modifications and amendments

thereto, and by this reference are incorporated herein. The contract documents are complementary,

and what is called for by any one shall be as binding as if called for by all.

2. Scope of Services:

Vendor shall perform within the time set in the Notice to Proceed, everything required to be

performed, and shall provide and furnish all the personnel, labor, materials, necessary tools,

equipment, and services, as described in all the documents of RFP No. 18-12, Data Center

Switching Upgrade and Expansion. Services shall be provided and performed in strict accordance

with all such specifications and provisions described in Section 1 above. The Vendor shall be liable

to the District for any damages arising as a result of a failure to fully comply with this obligation.

3. Compensation:

District shall pay to the Vendor, as full consideration for the faithful performance of the contract,

subject to any additions or deductions as provided in the contract documents, the total sum of

($XX.XX) Dollars & Cents (Reference Fee Schedule/Costs (Appendix “ “), said sum being the

total amount agreed upon resulting from Vendor proposal dated _______________201X;

4. Contract Term:

The term of the contract is ___________ and shall continue through ______________. The

District reserves the right to cancel in accordance with the cancellation terms stipulated in

the RFP documents.

5. Indemnification:

The Vendor 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, damage, or expense, of any nature whatsoever, which may be incurred by reason of:

(a) Liability for damages for (1) death or bodily injury to person; (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 Vendor or any person, firm or


corporation employed by the Vendor 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 except for liability resulting from the active negligence of the District.

(b) Any injury to or death of persons or damage to property caused by any act,

neglect, default or omission of the Vendor, or any person, firm, or

corporation employed by the Vendor, 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 or

damage occurs either on or off school district property, if the liability arose

from the negligence or willful misconduct of anyone employed by the

Vendor, either directly or by independent contract, and not by the active

negligence of the District.

(c) Vendor, at Vendor’s own expense, cost and risk, shall defend any and all

actions, suits, or other proceedings that may be brought or instituted against

the District, its officers, agents or employees, or any such claim, 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.

6. Insurance:

Vendor, at Vendor’s sole cost and expense, provide for and maintain in full force and effect,

from the commencement or services until expiration of this Agreement, insurance as called

out in District’s RFP No. 18-12

All insurance shall be with a California Admitted Insurer who has a rating of A or better, as

rated by the current edition of Best's Key Rating Guide, published by A.M. Best Company,

Oldwick, New Jersey 08858 and authorized to conduct business in the State of California.

Minimum coverages shall be as called out in RFP documents.

7. Corporate Status:

If Vendor is a corporation, the undersigned hereby represents and warrants that the

corporation is duly incorporated and in good standing in the State of

____________________, and that _______________________________ whose title is

__________________________ is authorized to act for and bind the corporation.

8. Required Provisions:

Each and every provision of law and clause required by law to be inserted in this Contract

shall be deemed to be inserted herein and the 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 correctly inserted, then upon application of either party the Contract shall forthwith

be physically amended to make such insertion or correction.


9. Notices

All notices, demands, and documents required pursuant to the terms hereof shall be in

writing and shall be delivered in person or by certified or registered mail, return receipt

requested, with postage prepaid, at the addresses set forth below for each party: Notices

shall be effective as of the date of receipt by the addressee. The address to which notices,

demands and documents may be given by either party may be changed by written notice

given in accordance with the notice provisions of this section.

District: Vendor: San Bernardino City Unified School District

Attn:

793 North E Street


Copy to:

Eva Ramirez,

Buyer - Purchasing Services

10. Entire Agreement

The complete contract as set forth in Paragraph 1 of this Agreement constitutes the entire

Agreement of the parties. No other agreements, oral or written, pertaining to the work to be

performed under this contract, exists between the parties. This contract can be modified

only by an agreement in writing, signed by both parties.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.

District: Firm:

By: By:

Debra Love

Title: Director - Purchasing Services Title:

Date: , 201X Date: ,201X


Scope of Work

San Bernardino City Unified School District (the District) is seeking responses from qualified

Proposers to provide equipment, materials, set-up, and services on an as-needed basis at the

District’s main data center site (hereafter “Datacenter 1”). This RFP also lists the necessary

equipment needed to upgrade the District’s secondary data center site (hereafter “Datacenter 2”),

with a smaller subset of this equipment to be done at a later time and it’s contingent upon the

availability of funds.

The District requires a solution that is 100% compatible with the existing network infrastructure.

The current network is standards-based and provides additional features to these standards. As

this is not a complete forklift upgrade, the District requires all respondents to propose equipment

that is specifically compatible with the current existing Cisco infrastructure already in

production. The District is also seeking the awarded vendor have on-staff and as a resource to

this project, at least one (1) full time employee holding a Cisco CCIE in Data Center (or equal)

as well as a CCIE in Routing & Switching (or equal).

This is to be a collaborative project. The proposal shall include a “Train the Trainer” Model in

order to give SBCUSD’s IT Representative(s) the ability to manage, maintain and troubleshoot

the project as needed after project completion.

Proposer must also have an engineer familiar with SolarWinds Network Monitoring software for

work on this part of the project to assist SBCUSD’s IT Representatives.

Project Overview

The District’s Datacenter 1 switching is currently anchored by an existing Cisco Nexus 7004

core switch. The Nexus 7004 contains (1) N2K-SUP2 and (2) N7K-F248XP-25E 10Gb SFP line

cards. The line cards are 48 ports each for a total of 96 SFP+ ports. The 7004 has dual power

supplies.

The Datacenter 1 Nexus 7004 currently provides:

10Gb uplink support to three (3) existing Cisco Nexus 2232 Fabric Extender modules

(FEX’s) which are installed in the data center’s server cabinets and the Nexus 2232

FEX’s provide 10Gb switching to newer 10Gb capable server equipment.

4x10Gb Fiber uplinks (to each switch) to all Cisco Nexus 93108TC-EX “Top of

Rack” (ToR) switches in each server cabinet which provides 10/1Gb switching to

current and older server equipment.

10Gb connectivity for the District’s single External 10Gb Conterra Fiber TLS WAN

link which passes through a Cisco ASR 1001-X router.

10Gb connectivity for the District’s single Internal Frontier TLS WAN link. (The

internal and external WAN links have their own VDC context on the 7004.)

10Gb connectivity to the District Datacenter 1 Firewall (as part of internal and

external WAN connectivity)

10Gb connectivity to (3) Web Caching servers/appliances via 10Gb fiber.


1Gb uplinks to 3750-X client edge switches serving all the employees in the building

and supporting APs for the building.

The Datacenter 1 ASR 1001-X will be replaced in this project with a Cisco ASR 1006-X or

equal which supports up to (2) 100Gbps ports for additional External/Internal 10Gb (or larger)

WAN/LAN Circuits.

The District desires decommissioning the existing Datacenter 1 Nexus 7004 for the building and

its staff and using ports on the Catalyst 9500-32C Campus switches or equal to uplink the user

switch stacks for the building. The new data center-only Nexus 9504 core switch with additional

Nexus 9K switches, or equal, performing top of rack switching solely support data center servers

and storage.

The new Datacenter 1 switching will be Nexus 9K based or equal and will start with Nexus-OS

or equal. The District is aware that the move from an existing NX-OS to ACI requires a complete

wipe and reinstall of the Nexus 9K switching to make the change, so a direct deployment of ACI

may be considered. ACI controllers are listed in this RFP for purchase if necessary to perform

ACI installation instead of NX-OS.

The District’s Datacenter 2 switching is currently anchored by an existing Cisco Nexus 7004

core switch. The Nexus 7004 contains (1) N2K-SUP2E and (1) N7K-F248XP-25E 10Gb SFP

line card. The line card is 48 ports for a total of 48 SFP+ ports. The 7004 has dual power

supplies.

The Datacenter 2 Nexus 7004 currently provides:

1Gb Fiber uplinks (to each switch) to all Cisco “Top of Rack” (ToR) switches in each

server cabinet which provides 1Gb switching to current and older server equipment.

10Gb connectivity for the Datacenter 2’s single Internal Frontier TLS WAN link.

10Gb connectivity for the District’s Datacenter 2 Firewall (as part of planned

internal/external WAN connectivity changes). Firewall is not yet in production

pending installation of future External WAN circuit (expected March 2019).

1Gb uplinks to 3750-X and 10Gb uplinks to 2960-S client edge switches serving all

the employees in the building and supporting APs for the building as well as (2) IDFs.

The Datacenter 2 does not have an ASR currently so a Cisco ASR 1006-X, or equal, which

supports up to (2) 100Gbps ports for additional External/Internal 10Gb (or larger) WAN/LAN

Circuits will be added (to be identical to Datacenter 1).

The District desires decommissioning the existing Datacenter 2 Nexus 7004 for the building and

its staff and using ports on the Catalyst 9500-32C campus switches, or equal, to uplink the user

switch stacks and IDFs for the building. The new data center-only Nexus 9504 core switch with

additional Nexus 9K switches, or equal, performing top of rack switching solely support data

center servers and storage.

The new Datacenter 2 switching will be Nexus 9K, or equal, based and will start with Nexus-OS,

or equal. The District is aware that the move from an existing NX-OS to ACI requires a complete


wipe and reinstall of the Nexus 9K switching to make the change, so a direct deployment of ACI

may be considered. ACI controllers are listed in this RFP for purchase if necessary to perform

ACI installation instead of NX-OS.

The general goals of this project are to:

1. Utilize Cisco Best Practices in the design and implementation of this project to

provide additional resiliency and redundancy to the data centers 1 & 2 switching

fabric and increase the performance overall of the data centers switching to benefit

the entire District’s access to data center resources and throughput of the District’s

Internet WAN link(s) for cloud based services.

2. Replace the existing Datacenter 1 Cisco ASR 1001-X to allow the District to upgrade

its ISP connection to more than (1) 10Gb circuit into the ASR and out to the District’s

Firewall and core switch in Datacenter 1 and add a new ASR1006-X, or equal, to

Datacenter 2 for upcoming WAN connectivity changes.

3. Adding a new Cisco Nexus 9504 Core Switch, or equal, to each Datacenter and to

support Datacenter Top of Rack switching for servers, storage and applications

exclusively. This will be running in NX-OS mode initially, unless after RFP award

the District determines they would rather move immediately to ACI

4. On both new Cisco Nexus 9504 Datacenter Core Switches, a VXLAN-EVPN Multi-

site Tunnel must be configured to extend Datacenter 1’s VLANs to Datacenter 2. The

physical layer connection won’t exist until March 2019 but the pre-work must be

done so the link comes up when finally installed and connected.

5. (4) Campus Core Cat9K switches will be installed in each Datacenter. Of the (4),

there will be (2) pairs of 9Ks in StackWise Virtual with a 2-node topology. Each pair

will be connected to the other with (2) 100Gb connections, as well as (2) 100Gb

connections to the Datacenter core switch. These switches will take the WAN

handoffs of all the school site WAN links coming to each Datacenter. Immediately

this will be handled by QSFP 40G to SFP+ 10G adapters accepting the 10Gb MMF

WAN handoffs. The Catalyst 9Ks will have DNA Advantage licensing capable of

running PerfSONAR VMs for online and active network performance monitoring.

6. Removing the existing Nexus 7004 at both Datacenter 1 and 2 currently supporting

client access switching IDFs and campus ingress/egress WAN links and transitioning

them to the new Campus Core switches.

7. We want to replace (3) existing Top of Rack 2232 FEX switches at Datacenter 1 with

(1) Nexus 93180LC-EX switch for each rack cabinet, and ADD an additional switch

for other rack cabinets that currently do not have a 2232 FEX installed in them.

Existing Nexus 2232s will be decommissioned and not reused.


8. For the existing Top of Rack 93108TC-EX switches in Datacenter 1, we want to

convert the existing 40Gb uplink (as 4x10Gb<-->40Gb AOC cables) to 100Gb

uplinks, (2) per switch utilizing Cisco 100Gb Active Optical Connections. One uplink

from the switch to each line card on the Nexus 9504 core switch, and LAG’d per

Cisco best practices.

9. For the Nexus 93180LC-EX we are adding to each rack cabinet at both Datacenter 1

and 2, we want (2) 100Gb uplinks per switch, utilizing Cisco 100Gb Active Optical

Connections. One uplink from the switch to each line card on the respective Nexus

9504 core switch, and LAG’d per Cisco best practices.

10. For the Nexus 93108TC-EX we are adding to each rack cabinet at Datacenter 2, we

want (2) 100Gb uplinks per switch, utilizing Cisco 100Gb Active Optical

Connections. One uplink from each switch to each line card on the Datacenter 2

Nexus 9504 core switch, and LAG’d per Cisco best practices.

11. All data center server cabinets (in both Datacenter 1 and 2) will have a minimum of

(1) 93108TC-EX and (1) 93180LC-EX installed in them to support existing servers

and growth in connectivity, and all data center switching will now be handled by the

Nexus 9504 at each Datacenter.

12. Installation of Cisco SD-Access and SDN components into Datacenter 1, with intent

to replicate setup in Datacenter 2 once it has a VMware environment.

13. Installation of CMX Cloud to provide Wireless Guest Access solution for District.

Here is a diagram of the District’s desired outcome for Datacenters 1 and 2:

(see next page)


Equipment Parts List (See Excel Spreadsheet Attachment for quantities and pricing fill-in)


PROVIDER'S QUALIFICATION STATEMENT

Proposer shall furnish all the following information accurately and completely. Failure to

comply with this requirement may cause a proposal rejection. Additional sheets may be attached

if necessary. The District reserves the right to waive any irregularities in the information or

documents provided.

If the same information is provided elsewhere in your proposal and qualifications materials,

clearly identify such in the following questions.

SECTION A- GENERAL INFORMATION

Proposer:

(as name appears on license)

Check one of the following: Corporation Partnership Sole Proprietorship Joint Venture

Address:

City, State, Zip:

Phone Number: Facsimile Number:

License Number(s):

Expiration Date:

Tax ID Number:

Date Business Formed: Date Incorporated:

If a corporation, under the laws of what state was corporation organized:

How many years has your organization been in business in California as a Service Provider under your

present business name and license number?

SECTION B- LEGAL

(1) Have you or any of your principals been in litigation or arbitration of any kind on a question or

questions relating to similar services involving a school or community college district during the

prior five (5) years? Yes ______ No ______

If Yes, provide the name of the public agency and briefly detail the dispute:

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________


(2) Have you ever had a services agreement terminated for convenience or default in the prior five (5)

years? Yes ______ No ______

If Yes, provide details including the name of the other party:

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

(3) Is your firm, owners, and/or any principal or manager involved in or is your firm aware of any

pending litigation? Yes ______ No ______

If Yes, provide details:

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

____________________________________________________________________

(4) Is your firm, owners, and/or any principals or manager involved in or aware of any pending

disciplinary action and/or investigation conducted by any local, state or federal agency?

Yes ______ No ______

If Yes, provide details:

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

____________________________________________________________________

(5) Is your firm currently the debtor in a bankruptcy case? Yes ______ No ______

(6) Has your firm or any of its owners, officers or partners ever been found liable in a civil suit, or found

guilty in a criminal action, for making any false claim or material misrepresentation to any public

agency or entity? Yes _____ No _____

(7) Has your firm, or any of its owners, officers or partners ever been convicted of a crime involving any

federal, state, local law or regulatory violations related to construction? Yes _____ No _____

(8) Has your firm or any affiliated entity or subsidiary been determined by any public agency to be a

non-responsible bidder in the last seven (7) years? Yes ____ No ____

(9) Has your firm been in bankruptcy at any time during the last five (5) years? Yes ____ No _____

If yes, please explain:


(10) Has your firm ever failed to complete a contract? Yes _______ No _______

If yes, explain: ____________________________________________________

(11) Has any public agency or owner ever reported your firm, or any firm with which any of your

company’s owners, officers or partners were associated with, to any whistleblower hotline or

similar complaint organization based on your performance of any services agreement, contract or

other agreement? Yes _______ No ________


(12) Has your firm or any firm with which any of your company’s owners, officers or partners were

associated with ever returned payments to any governmental agency arising out of or in any way

connected to invoices submitted by your firm to a public agency or owner? Yes_____ No _____


(13) In the last three years, has your firm ever filed a claim against a school district in accordance with

Government Code section 900 et seq.? Yes ______ No ______


(14) Has there been more than one occasion during the last five (5) years on which your firm was

required to pay either back wages or penalties for your firm’s failure to comply with any state or

federal prevailing wage laws? Yes ______ No ______


SECTION C – ADDITIONAL INFORMATION

(15) Please provide any other information that may assist the District in ascertaining your qualifications,

capability and customer service under any resultant agreement.

(16) Have you ever had any direct or indirect business, financial or other connection with any official,

employee or consultant of the District? Elaborate and discuss any potential, apparent or actual

conflict of interest:

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

____________________________________________________________________


SIGNATURE

I, (printed name) hereby declare that I am the

_____________________________________ (title) of ______________________________________

(name of proposer) submitting this Prequalification statement; that I am duly authorized to execute this

Prequalification Statement on behalf of the above-named company; and that all information set forth in

this Prequalification Statement and all attachments hereto are, to the best of my knowledge, true, accurate,

and complete as of its submission date. I acknowledge that any false statements, inaccuracies or failure to

disclose are grounds for disqualification.

I declare, under penalty of perjury, that the foregoing is true and correct and that this declaration was

Subscribed at ____________________________________________ (location and city), County of

______________________________, State of ___________________________, on

__________________________(date).

_________________________________________

(Signature)


CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY

AND VOLUNTARY EXCLUSION

FAR Subpart 9.4—Debarment, Suspension, and Ineligibility

I am aware of and hereby certify that neither_______________________________ nor Name of Proposer

its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or

voluntarily excluded from participation in this transaction by any Federal department or agency.

I further agree that I will include this clause without modification in all lower tier transactions,

solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/contractor or any

lower participant is unable to certify to this statement, it shall attach an explanation to this

solicitation proposal.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal of the above

named bidder on the ________ day of _________________________ 20_____ for the purposes of

submission of this RFP.

(Corporate Seal) By _________________________ Signature

____ Typed or Printed Name

Title

Date

As the awardee under this RFP, I hereby certify that the above certification remains valid as of the

date of contract award, specifically, as of the ________ day of _________________________

20_____ for the purposes of award of this contract.

(Corporate Seal) By _________________________ Signature

____ Typed or Printed Name

Title


PROVIDER'S CERTIFICATE

REGARDING WORKERS' COMPENSATION

Labor Code Section 3700:

"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,

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

employees."

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 to undertake self-insurance in accordance with the

provisions of that Code, and I will comply with such provisions before commencing the performance of

this Contract.

Principal ____________________________________

By _________________________________________

Typed or Printed Name ________________________

Title _______________________________________

Date _______________________________________

(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.)


NONCOLLUSION AFFIDAVIT TO BE EXECUTED

BY PROPOSER AND SUBMITTED WITH RFP

(Public Contract Code Section 7106)

STATE OF CALIFORNIA )

) ss.

COUNTY OF SAN BERNARDINO )

___________________________________________________________, being first duly sworn, deposes

and says that he or she is of _________________________________________________, the party

making the foregoing proposal; that the proposal is not made in the interest of, or on behalf of, any

undisclosed person, partnership, company, association, organization, or corporation; that the proposal is

genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any

other bidder to put in a false or sham proposal, and has not directly or indirectly colluded, conspired,

connived, or agreed with any bidder or anyone else to put in a sham proposal, or that anyone shall refrain

from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,

communication, or conference with anyone to fix the price of the bidder or any other bidder, or to fix any

overhead, profit, or cost element of the price, or of that of any other bidder, or to secure any advantage

against the public body awarding the contract of anyone interested in the proposed contract; that all

statements contained in the proposal are true; and, further, that the bidder has not, directly or indirectly,

submitted his or her 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 corporation, partnership, company

association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or

sham proposal.

___________________________________________

(Signature)

___________________________________________

(Typed Name)

State of California

County of _________________________


W-9 Form


Equal Opportunity Certification

San Bernardino City Unified School District

777 N. “F” Street


(909) 381-1126

Company______________________________________________________________

Address_______________________________________________________________

City_____________________________________State_____________Zip__________

Telephone________________________________Fax__________________________

Email___________________________________ Number of employees_____________

Please check one of the following categories. This company is:

Minority Owned _____ Woman Owned_____ Disadvantaged _____

Disabled Veteran Owned _____ None of the Other Categories _____

Please check and complete below. This company is:

Independently Owned and Operated:_______

An Affiliate of ___________________Parent Company__________________________

A Subsidiary of ______________ Address____________________________________

A Division of____________________________________________________________

“By signing below, I certify that we are an Equal Opportunity Employer and have made a good

faith effort to improve Minority, Women and Disabled Veteran employment.

Signature______________________________________

Printed Name___________________________________

Title__________________________________________

Date__________________________________________


VENDOR APPLICATION

San Bernardino City Unified School District

Purchasing Department

777 N. “F” Street, San Bernardino, CA 92410

(909) 381-1126

Business Name: ____________________________________________________________________________________

*Business License Number:_______________________________ Expiration Date:_____________________________

Representative Name:___________________________________ Title_______________________________________

Business Address:__________________________________________________________________________________

Number of years in business:________________________ Email address:_____________________________________

Business Telephone Number:_______________________________ Fax Number:_______________________________

Products or Services Provided:________________________________________________________________________

Comments:_______________________________________________________________________________________

List of References Where Your Company Provided Products/Services: (Preferably other school districts)

Business Name/Address Contact Phone Dates of

Service

Products/Service

1.

2.

3.

“By signing below, I certify under penalty of perjury that the information provided is true and correct to the best of my knowledge. I understand it is the

vendor’s responsibility to update the above information as needed. I further agree that as a vendor of the District this company will conform to all Federal, State, County and City laws, ordinances, codes and regulations covering the products, work or services provided, including but not limited to, obtaining a *San

Bernardino City business license as required by the San Bernardino City Clerk’s Office. I understand that it is the vendor’s total responsibility to determine

specific details of such requirements and warrant that all work performed, or provided, totally conforms to such legal requirements. I understand the submission of this application does not guarantee that this company will be used as a vendor for the District or requested to quote on any or all requirements. I understand it

is the vendor’s responsibility to follow up and request the opportunity to quote. I understand the District reserves the right to use, any, or all vendors for the

submission of quotes. Formal bids are advertised in The Sun newspaper’s legal ads.”

Authorized Vendor Representative Signature ______________________________________ Date _______________

Name ________________________________________ Title ______________________________________________


Fingerprint Certification

Fingerprint and Criminal Background Check Certification

In accordance with Department of Justice (DOJ) fingerprint and criminal background

investigation requirements of Education Code section 45125.1 et seq.

With respect to the Agreement dated _______________________________, between the San Bernardino City Unified

School District "DISTRICT" and the individual, company, or contractor named ___________________________________

"VENDOR," for provision of __________________________________________________________________services,

Please check all appropriate boxes and sign below:

REQUIREMENTS MET:

A)

The VENDOR hereby certifies to the DISTRICT's governing board that it has completed the criminal

background check requirements of Education Code (EC) section 45125.1 and that none of its employees

that may come into contact with DISTRICT students have bee

List below, or attach, all employee names that have successfully completed the fingerprinting and

criminal background check clearance in accordance with the law.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

S ER VIC ES M A Y B EGIN A F TER A P UR C HA S E OR D ER (P .O.) IS IS S UED TO THE VEN D OR .

~~O R~~

REQUEST FOR WAIVER:

IF YOU ARE REQUESTING A WAIVER, BE ADVISED THAT NO SERVICES ARE TO BE PROVIDED UNTIL SUCH

WAIVER IS APPROVED BY THE DISTRICT AND A P.O. IS ISSUED.

B) The VENDOR requests a waiver of the Department of Justice(DOJ) fingerprint and criminal background

investigation for the following reason(s) permitted by Education Code section 45125.1 et seq.

The VENDOR and its employees will have NO CONTACT with pupils. (No school-site services will be provided.)

The VENDOR and its employees will have LIMITED CONTACT with pupils. (Attach information about length of time

on school grounds, proximity of work area to pupil areas, whether VENDOR/its employees will be working by

themselves or with others, and any other factors that substantiate limited contact.) [EC 45125.1(c)]

The VENDOR and its employees WILL HAVE OTHER THAN LIMITED CONTACT with pupils but will assure that

ONE(1) OR MORE of the following methods are utilized to ensure pupil safety. [EC 45125.2(a)]

-- Check all methods to be used:

1) Installation of a physical barrier at the worksite to limit contact with pupils

2) Continual supervision and monitoring of all employees of the VENDOR by an employee of the

VENDOR who has not been convicted of a serious or violent felony as ascertained by the DOJ

3) Surveillance of employees of the VENDOR by school personnel

The services provided by the VENDOR are for an "EMERGENCY OR EXCEPTIONAL SITUATION, such as

when pupil health or safety is endangered or when repairs are needed to make school facilities

safe and habitable" [EC 45125.1(b)]

By signing below, under penalty of perjury, I certify that the information contained on this certification

form and attached employee list(s) is accurate. I understand that it is the VENDOR’s sole responsibility to

maintain, update and provide the Distri

_______________________________________________________________________________________________Authorized VENDOR Signature Printed Name Title Date

BOTH DISTRICT APPROVALS SHOWN BELOW ARE REQUIRED:

Office

use

only By:_______________________________________________________ Date _____________________

Chief Business and Financial Officer, Business Services Division OR Other Authorized District Agent

WAIVER REQUEST: APPROVED--- DENIED---

By:_______________________________________________________ Date _____________________

Dr. Perry Wisemam Asst. Superintendent, Human Resources Division OR Other Authorized District Agent


DESIGNATION OF SUBCONTRACTORS

In compliance with the Subletting and Subcontracting Fair Practices Act (Chapter 2, commencing at

Section 4100, Divisions 5, Title I of the Government Code of the State of California) and any

amendments thereof, each bidder shall set forth below: (a) the name and the address 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, or a

subcontractor licensed by the State of California who under subcontract to the prime contractor, specially

fabricates and installs a portion of the work or improvement according to detailed drawings contained in

the plans and specifications in an amount in excess of one-half of one percent of the prime contractors

total bid and (b) the portion of the work which will be done by each subcontractor under this act. The

prime contractor shall list only one subcontractor for each such portion as is defined by the prime

contractor in this Bid.

If a prime contractor fails to specify a subcontractor or if a prime contractor specified 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 proposal, the subcontractor shall be deemed to be fully

qualified to perform that portion of work and shall perform that portion as prime contractor.

No prime contractor whose proposal is accepted shall (a) substitute any subcontractor, (b) permit any

subcontractor 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 (c) sublet or subcontract any portion of the work in

excess of one-half of one percent of the prime contractor's total proposal as to which the original Bid did

not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices

Act. Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the

prime contractor's total proposed cost as which no subcontractor was designated in the original Bid shall

only be permitted in cases of public emergency or necessity and then only after finding reduced writing as

a public record of the authority awarding this contract setting forth the facts constituting the emergency or

necessity.

Portion of Work Subcontractor Address of Business


PAYMENT BOND

(Labor and Material Bond)

KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the

____________________________________________, hereinafter called "District", has awarded to

__________________________________ hereinafter designated as the "Principal", a Notice of Intent to

Award Contract for the work described as follows:

WHEREAS, said contractor is required by Division 4, Part VI, Title III, Chapter 5, (commencing

at Section 9550) of the California Civil Code to furnish a bond in connection with said contract;

NOW THEREFORE, we, the undersigned contractor and

as surety are held and firmly bound unto the

District in the sum of

Dollars ($ ), for

which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators,

successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said contractor, his or its heirs,

executors, administrators, successors or assigns, or subcontractors, shall fail to pay any of the persons

named in Civil Code Section 9100, or amounts due under the Unemployment Insurance Code Section

13020 with respect to work or labor performed by any such claimant, or for any amounts required to be

deducted, withheld, and paid over to the Franchise Tax board from the wages of employees of the

contractor and his subcontractors, with respect to such work and labor, then the surety or sureties herein

will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above

obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable

attorney’s fee to be fixed by the court.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 as to

give a right of action to such persons or their assigns in any suit brought upon this bond.


And the said surety, for value received, hereby stipulates and agrees that no change, extension of

time, alteration or addition to the terms of the contract or to the work to be performed thereunder of the

specifications accompanying the same shall in anywise affect its obligations on this bond, and it does

hereby waive notice of any such change, extension of time, alteration or addition to the terms of the

contract, or to the work, or to the specifications.

IN WITNESS WHEREOF, this instrument has been duly executed by the contractor and surety

above named, on the day of , 20 .

Surety Contractor

By

Attorney-in-fact

Revised 05/06/15 lyg


PERFORMANCE BOND

WHEREAS, the _____________________________________________________

District by Board action on __________________________20______________, has awarded to

_____________________________________________________

hereinafter designated as the "Principal," a contract for the work described as follows:

____________________________________________________________________________________________

_______________________________________________________________ WHEREAS, said Principal is

required under the terms of said contract to furnish a bond for the faithful performance of said contract,

NOW THEREFORE, ________________________________________________

Name of Principal

of _______________________________________________________________

address

City of ___________________________, State of _________________________, as Principal, and,

_______________________________________ a corporation organized and existing under the laws of the State of

_______________________, legally doing business in California as an admitted surety insurer at

________________________________, City of ___________________________, State of California, as Surety,

are indebted to ______________________________ District in the sum of ______________ ($ ) for

which payment Principal and Surety bind ourselves, our heirs, executors, administrators, successors, and assigns,

jointly and severally.

THE CONDITION OF THIS OBLIGATION is that if the Principals, his or its heirs, executors, administrators,

successors or assigns, shall keep an perform the covenants, conditions and agreements in the contract and any

alteration thereof on his or their part, to be kept and performed at the times and in the manner therein specified and

in all respects according to their intent and meaning, and shall indemnify and save harmless the District, its officers,

agents, and employees, as therein stipulated, then this obligation shall become null and void, otherwise, it shall be

and remain in full force.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to

the terms of the contract or to the work to be performed there under, or the specifications accompanying the same,

shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of

time, alteration or addition to the terms of the contract, or to the work, or to the specifications.

In the event suit is brought upon this bond by the District and judgment is recovered, the Surety shall pay all costs

incurred by the District in such suit, including reasonable attorney’s fees, to be fixed by the Court.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the

________ day of _________________________ 20_____.

Principal____________________________

By_________________________________

Name ______________________________

Typed or Printed Name

Corporate Seal Title________________________________

Surety______________________________

(Attach Attorney in Fact Certificate)


IMPORTANT: THIS IS A REQUIRED FORM.

Surety companies executing bonds must possess a certificate of authority from the California

Insurance Commissioner authorizing them to write surety insurance defined in California

Insurance Code Section 105, and if the work or project is financed, in whole or in part, with

federal, grant or loan funds, Surety’s name must also appear on the Treasury Department’s most

current list (Circular 570 as amended).

Any claims under this bond may be addressed to:

(Name and Address of Surety) (Name and Address of agent or representative

for service for service of process in California)

Telephone:

Telephone:

STATE OF CALIFORNIA )

) ss.

COUNTY OF )

On ___________________________ before me, ______________________________________, (insert name and title of the officer) a Notary Public in and for said State, personally appeared

_______________________________, who proved to me on the basis of satisfactory evidence to

be the person(s) whose name(s) is/are subscribed to the within instrument as the Attorney-in-Fact

of the _____________________ (Surety) and acknowledged to me that he/she/they subscribed

the name of the _____________________ (Surety) thereto and his own name as Attorney-in-

Fact on the executed instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the

foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notary Public in and for said State

Commission expires:

(SEAL)

NOTE: A copy of the power-of-attorney to local representatives of the bonding company must

be attached hereto.