Inglewood Unified School District Request for Bid DO 17/ Network Core Switches Equipment Upgrade

Transcription

1 Inglewood Unified School District Request for Bid DO 17/ Network Core Switches Equipment Upgrade Issue Date: February 2, 2018 Bid Submittal Date and Time: March 2, 2018, 11:00 am

2 1. NOTICE OF REQUEST FOR BID (RFB): DO 17/ NETWORK CORE SWITCHES EQUIPMENT UPGRADE Inglewood Unified School District ( District ) is seeking bids from interested and qualified vendors for the procurement, warehousing, delivery and inventory control of networking equipment. The final proposal price must include any and all applicable charges to the District including, but not limited to, labor, shipping, delivery and tax. The district seeks proposals from Proposer s that can supply Brocade ICX 7450 series switches or, to support a major 10Gbps Backbone upgrade and 1Gbps wireless network in all district locations. Any equipment or services offered by the Bidder that it purports to be to the equipment or services sought herein should be submitted with adequate documentation to establish its equivalency. The District s Request for Bids (RFB) provides further details regarding the specific specifications and requirements for this Project and the bid process. This is a Request for Bid (RFB) pursuant to California Public Contract Code : In accordance with the California Public Contract Code section , the District may contract with any one of the three lowest responsible Bidders who, in the District s sole discretion, best meets the needs of the District as set forth in the Bid Documents. Section provides: The governing board of any school district may contract with an acceptable party who is one of the three lowest responsible Bidders for the procurement or maintenance, or both, of electronic data-processing systems and supporting software in any manner the board deems appropriate. This Project is funded in part by the Schools and Libraries Division (SLD) of the Federal Communications Commission (FCC) as part of E-Rate Universal Service Fund (USF). Therefore, all Bidders must be knowledgeable of, and comply with, all E-Rate requirements including those applicable to bids and work provided by service providers including any and all reporting requirements and compliance with all applicable federal laws. Bidders must provide a permanent SLD Service Provider Identification Num (SPIN) and FCC Registration Num with its bid. By submitting a bid, the Bidder agrees and understands that the Bidder shall be solely responsible for ensuring its work on the Project complies with all applicable state and federal regulations applicable to the E-Rate program. Bidders are required to abide by the requirements for Service Providers under the E-rate program as set forth by the E-rate program administrators. These requirements include, but are not limited to; filing of all forms, extension of appropriate discounts to the participating eligible entities, careful record keeping for auditing purposes, and the submission of any information participating eligible entities must submit as part of their filing requirements. The District shall not be held responsible for ensuring the Bidder receives E-Rate funding and will not issue any additional payment if the Service Provider fails to receive E-Rate funding for any reason. 2. PROJECT REFERENCES/TIMELINE Project Identification: DO 17/ NETWORK CORE SWITCHES EQUIPMENT UPGRADE Objectives: procurement, warehousing, delivery and inventory control of Brocade ICX 7450 series switches or, to support a major 10Gbps Backbone upgrade and 1Gbps wireless network in all district locations Bid Forms: Bid forms and documents will be available electronically on the district and USAC websites or by request to imontenegro@inglewood.k12.ca.us with the subject line: Request for RFB DO 17/ Your company name must be included in the . 2

3 Optional Bidders Meeting: February 13, 2018 at 12:00 noon PST at Inglewood Unified School District, Technology Department, 401 South Inglewood Avenue, Inglewood California Question Deadline: to Terri Wheeler at due by February 16, 2018, 5:00 pm PST. No questions will be accepted after this deadline. Questions will be answered by February 21, 2018 at 5:00 pm via RFB addendum released on the district and USAC websites. Bid Deadline: 11:00 am PST on Friday, March 2, Bid Submission: Inglewood Unified School District, RFB: DO-17/18-002, Care of Eugenio D. Villa, Division of Business Services, 401 S. Inglewood Ave., Inglewood, CA Bids will be publicly opened and read at 401 S. Inglewood Ave., Inglewood, CA at 12:00 noon 3/2/18. Any bids received after the time specified above or after any extensions granted by the District in writing due to material changes shall be returned unopened. All Bidders are responsible for ensuring their bid package is received by the deadline set forth herein and the District shall not be responsible for any delays or problems with mail or other delivery services. The timeline provided herein is subject to adjustments at the District s sole and absolute discretion. However, the selected Bidder must confirm its ability to meet the dates and deadlines set forth herein. Upon entering into a contract with the selected Bidder, the District will issue a Notice to Proceed (NTP) which shall include the dates required for the Project, based on the schedule provided herein. The District may delay or adjust the schedule for any reason, including, but not limited to, E-Rate approval considerations. REQUEST FOR BID NOTICE February 2, 2018 NEWSPAPER ADVERTISEMENT 1 February 4, 2018 NEWSPAPER ADVERTISEMENT 2 February 11, 2018 OPTIONAL BIDDERS MEETING February 13, 2018, 12:00 noon PST BIDDERS: QUESTIONS DEADLINE February 16, 2018, 5:00 pm PST DISTRICT: ANSWERS TO QUESTIONS February 21, 2018 BIDDERS PACKAGE DUE March 2, 2018, 11:00 am PST PUBLIC BID OPENING March 2, 2018, 12:00 noon PST NOTICE TO AWARD LETTER March 6, 2018 ANTICIPATED BOARD APPROVAL March 7, 2018 ANTICIPATED NOTICE TO PROCEED March 9, 2018 DELIVERY DEADLINE April 1 - July 1, INSTRUCTIONS TO BIDDERS a) Bid process. In accordance with the California Public Contract Code section , the District may contract with one of the three lowest responsible bidders who best meet the needs of the District as set forth in the Bid Documents, which shall be determined by the total sum of all 3

4 charges proposed by each Bidder on the Pricing Work Sheet (Exhibit A). Once the three lowest bidders are identified, the District will review each of the three lowest bidders to determine which bid is more advantageous to the District (the Evaluation Process ). While cost is an important factor in the Evaluation Process of the three lowest bidders, the District may select any one of the bidders who, at the sole discretion of the District, offers the best value and products that most closely match the District s needs. At the District s discretion, considerations other than price may factor into a decision as to which products provide the best value to the District during the Evaluation Process. Such considerations include: Price on specific products Conformity to District Contract Documents E-Rate Experience Ability to Provide Products Needed by the District Bidders must submit two complete printed Bid Document packages, which include the following documents: i. Firm name, business address, contact phone num(s), a brief overview of the Bidder s organization, a brief history of your firm, primary support person to support this project, minimum of three positive reference projects of similar scope and size, Bidders Service Provider Identification Num (SPIN), and implementation schedule from District anticipated NTP ii. This RFB document including the Instructions to Bidders and all associated mandatory bid forms (Exhibits C thru E) iii. The information required in the Scope of Work iv. A Completed and executed Pricing Work Sheet (Exhibit A) v. Completed and executed Warranty Terms (Exhibit B) vi. Bidders may submit a proposed Service Agreement ( Contract ) for the District s consideration. The Proposed Contract shall incorporate all terms, conditions, and requirements set forth in the Bid Documents and the Bidder s bid response documents. The District, at its sole discretion, may require the selected Bidder to revise the proposed Contract or execute a form agreement provided by the District that incorporates the Bid Documents as the District deems necessary to meet the terms and conditions set forth in the Bid Documents. b) Preparation of Bid Form and Bidding Procedures. Each bidder shall review and comply with all bidding instructions and requirements set forth herein. All blanks in the Bid Form must be appropriately filled in, and all proposed prices must be stated clearly and legibly in both words and numerals. All bids must be signed by the bidder in permanent ink and submitted in sealed 4

5 envelopes, bearing on the outside, the bidder s name, address, telephone num, and the name of the Project for which the bid is submitted. The District reserves the right to reject any bid if all of the above information is not furnished. It is each bidder s sole responsibility to ensure its bid is timely delivered and received at the location designated as specified above. Any bid received at the designated location after the scheduled closing time for receipt of bids shall be returned to the bidder unopened. c) Bid Security. Each bid must be accompanied by one of the following forms of bidder s security: (1) cash; (2) a cashier s check made payable to the District; (3) a certified check made payable to the District; or (4) a bidder s bond executed by a California admitted surety as defined in Code of Civil Procedure Section , made payable to the District, in the form set forth in the Contract Documents. Such bidder s security must be in an amount not less than ten percent (10%) of the maximum amount of such bidder s bid as a guarantee that the bidder will enter into the Contract, if the same is awarded to such bidder, and will provide the required Performance and Payment Bonds, insurance certificates and any other required documents. In the event that a bidder is awarded the Contract and such bidder fails to enter into said Contract or provide the surety bond or bonds within five (5) calendar days after award of the Contract to bidder, said security will be forfeited. d) Signature. The bid form, all bonds, all designations of subcontractors, the Contractor s Certificate, the Agreement, and all Guarantees must be signed in permanent ink in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid. If bidder is a corporation, the legal name of the corporation shall first be set forth, together with two signatures: one from the President and one from the Secretary or Assistant Secretary. Alternatively, the signature of other authorized officers or agents may be affixed, if a certified copy of the resolution of the corporate board of directors authorizing them to do so is provided to the District. Such documents shall include the title of such signatories below the signature and shall bear the corporate seal. If bidder is a partnership, the true name of the firm shall first be set forth, together with the names of all persons comprising the partnership or co-partnership. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a statement of partnership acknowledging the signer to be a general partner is presented to the District, in which case the general partner may sign. Bids submitted as joint ventures must so state and be signed by each joint venturer. Bids submitted by individuals must be signed by the bidder unless an up to date power- ofattorney is on file in the District office, in which case, said person may sign for the individual. The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where a fictitious name is used, it must be so indicated in the signature. e) Modifications. Changes in or additions to the bid form, recapitulations of the work bid upon, 5

6 alternative bids, or any other modification of the bid form which is not specifically called for in the Contract Documents may result in the District s rejection of the bid as not being responsive to the Notice Inviting Bids. No oral or telephonic modification of any bid submitted will be considered. f) Erasures, Inconsistent or Illegible Bids. The bid submitted must not contain any erasures, interlineations, or other corrections unless each such correction creates no inconsistency and is suitably authenticated by affixing in the margin immediately opposite the correction the signature or signatures of the person or persons signing the bid. In the event of inconsistency between words and figures in the bid price, words shall control figures. In the event that the District determines that any bid is unintelligible, inconsistent, or ambiguous, the District may reject such bid as not being responsive to the Notice Inviting Bids. g) Examination of Contract Documents. Bidders shall thoroughly examine and be familiar with the bid documents as set forth herein (the Contract Documents ). The failure or omission of any bidder to receive or examine any Contract Document or to become acquainted with conditions there existing shall not relieve any bidder from obligations with respect to the bid or to the contract. The submission of a bid shall be taken as prima facie evidence of compliance with this section. Bidders shall not, at any time after submission of the bid, dispute, complain, or assert that there were any misunderstandings with regard to the nature or amount of work to be done. h) Withdrawal of Bids. Any bid may be withdrawn, either personally or by written request, at any time prior to the scheduled closing time for receipt of bids. The bid security for bids withdrawn prior to the scheduled closing time for receipt of bids, in accordance with this paragraph, shall be returned upon demand therefor. No bidder may withdraw any bid for a period of ninety (90) calendar days after the date set for the opening of bids. i) Interpretation of Plans and Documents/Pre-Bid Clarification. If any prospective bidder is in doubt as to the true meaning of any part of the Contract Documents, or finds discrepancies in, or omissions, a written request for an interpretation or correction thereof may be submitted to the District pursuant to the Bid Question process set forth herein. No person is authorized to make any oral interpretation of any provision in the Contract Documents, nor shall any oral interpretation be binding on the District. If discrepancies in the Contract Documents are not covered by addenda, bidder shall include in their bid methods of construction and materials for the higher quality and complete assembly. j) Bidders Interested in More Than One Bid. No person, firm, or corporation shall be allowed to make, or file, or be interested in more than one prime bid for the same work unless alternate bids are specifically called for. A person, firm, or corporation that has submitted a bid to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a bid or quoting prices to other bidders or making a prime bid. 6

7 k) Award of Contract. The Contract will be awarded to the one of the three lowest bidders as set forth herein and authorized by Public Contract Code section pursuant to the terms and conditions of the Contract Documents. The District reserves the right to reject any or all bids, or to waive any irregularities or informalities in any bids or in the bidding. In the event an award is made to bidder, and such bidder fails or refuses to execute the Contract and provide the required documents within five (5) calendar days after award of the Contract to bidder, the District may award the Contract to next lowest responsible and responsive bidder or release all bidders. Each bid must conform and be responsive to the Contract Documents. l) Preference for Materials and Substitutions. One Product Specified. Unless the Contract Documents state that no Substitution is permitted, whenever the Contract Documents indicate any specific article, device, equipment, product, material, fixture, patented process, form, method, construction, or any specific name, make, trade name, or catalog num, with or without the words, or equal, such specification shall be read as if the language or equal is incorporated. m) Disqualification of Bidders and Bids. More than one bid for the same work from any individual, firm, partnership, corporation, or association under the same or different names will not be accepted; and reasonable grounds for believing that any bidder is interested in more than one bid for the work will be cause for rejecting all bids in which such bidder is interested and the bidder will forfeit their bid security to the District. n) Unbalanced or Altered Bids. Bids in which the prices are obviously unbalanced, and those which are incomplete or show any alteration of form, or contain any additions or conditional or alternate bids that are not called for or otherwise permitted, may be rejected. A bid on which the signature of the bidder has been omitted may be rejected. If, in the District s sole discretion, it determines any pricing, costs or other information submitted by a bidder may result in an unbalanced bid, the District may deem such bid non-responsive. A bid may be determined by the District to be unbalanced if the bid is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the District even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advanced payment. o) Non-Collusion Declaration. Public Contract Code Section 7106 requires bidders to submit declaration of non-collusion with their bids. This form is included with the bid documents and must be signed and dated by the bidder under penalty of perjury. p) No Telephone or Facsimile Availability. No telephone or facsimile machine will be available to bidders on the District premises at any time. 4. SCOPE OF WORK Inglewood Unified School District (IUSD) (District) is requesting bids for the procurement, warehousing, delivery and inventory control of networking equipment. The final proposal price must include any and 7

8 all applicable charges to the District including, but not limited to, labor, shipping, delivery and tax. The district seeks proposals from Proposer s that can supply Brocade ICX 7450 series switches or, to support a major 10Gbps Backbone upgrade and 1Gbps wireless network in all district locations. The services and equipment provided shall be pursuant to the Schools and Libraries Division ( SLD ) of the Universal Service Administrative Company ( USAC ) E-Rate Program ( E-Rate ) to provide infrastructure for broadband access. EQUIPMENT NEEDED: The Vendor will acquire the specified num of Brocade ICX 7450 series or switches. The types and quantities required are listed below: Manufacturer APC or Part Num/ Model Num ICX P-40G-E or ICX P-E or 10G-SFPP-SR or 10G-SFPP-LR or 40G-QSFP-C or ICX C or RPS9+I or ICX7750-FAN-I or PCUSA-3M or ICX7750-RMK or FPSLDSD002M or AP7901B or Description 24-port 1 GbE switch PoE+ bundle includes 3 40 GbE QSFP+ uplinks/stacking, 1 1,000 W AC power supply and one fan, front-to-back airflow. 48-port 1 GbE switch PoE+ bundle includes 4 10 GbE SFP+ uplinks/stacking, 2 40 GbE QSFP+ uplinks/stacking, 1 1,000 W AC power supply and one fan, front-to-back airflow 10GBASE-SR, SFP+ optic (LC), for up to 300 m over MMF 10G-SFPP-LR 10GBASE-LR, SFP+ optic (LC), for up to 10 km over SMF 40 GbE direct-attached QSFP+ to QSFP+ Passive copper cable, 0.5 m, 1-pack Brocade ICX 7750 with 48 1/10GE RJ45 ports, 6 40 GbE QSFP ports and modular interface slot. No power supplies or fan units (must be ordered separately) 500 W AC power supply; power-supply-side intake (port-side exhaust) airflow Fan kit of 4; fan-side intake (port-side exhaust) airflow Power Cord for RPS2/3/5/9 USA version - NEMA 5-15P Plug (15amp)a Rack Mount Kit, 2 Post, ICX7750/7450 Qty FiExpress Pre-Terminated Assemblies 61 FX Patch Cords, Single Mode 2 meters, A-B Polarity, LC Connector, SC Connector (or ) APC Rack PDU, Switched, 1U, 20A, 120V, (8) FUNCTIONAL SUPPORT WITH CURRENT EXISTING EQUIPMENT: The Vendor s equipment MUST be able to provide functional support for the current Brocade ICX 7450 equipment including switch stacking. This function must include the ability to be 8

9 installed as a functional and participating mem in an existing Brocade ICX 7450 switch stack. CERTIFICATIONS: Bidder must be a certified and authorized dealer for the equipment being proposed. WAREHOUSING: The Vendor will provide warehousing of all equipment until the District takes delivery. No storage costs will be passed on to District. INVENTORY CONTROL: The Vendor will tag all equipment procured with the District s asset management tags and record all tagged equipment in a suitable format (e.g., Excel spreadsheet) in accordance with District standards WARRANTY: Equipment warranty periods are not to begin until after the delivery of the equipment to the District. All equipment must carry some type of lifetime warranty. Warranty terms must be included in the bid proposal (see Exhibit B). DELIVERY: The Vendor will deliver all equipment to the District at a future and specified point in time, to be established by the District. Delivery documentation will include inventory control information, factory manuals, warranty cards, software and any additional materials. Final delivery will be made to the District main office at: Inglewood Unified School District 401 S. Inglewood Ave. Inglewood, CA PRICING CHANGES AND BILLING: Pricing shall be held firm through the approval, execution, and duration of the proposed Contract and any IUSD Board approved extension. In the event of a price decrease for service over any term, the decrease shall be passed on to IUSD. 5. OPTIONAL BIDDERS MEETING There will be an Optional Bidders Meeting on February 13, 2018 at 12:00 noon PST at Inglewood Unified School District, Technology Department, 401 South Inglewood Avenue, Inglewood California QUESTIONS, POSSIBLE ADDENDA AND WITHDRAWAL OF BIDS Once this RFB has been issued, the individuals identified below are the sole contact points for any inquiries or information relating to this RFB and will coordinate answers with the District Staff, if needed. Failure to adhere to this policy may result in disqualification of the Bidder. All questions regarding this RFB must be presented via e---mail to the following contact: 9

10 Terri Wheeler at All questions are due by February 16, 2018, 5:00 pm PST. No questions will be accepted after this deadline. Questions will be answered by February 21, 2018 at 5:00 pm via RFB addendum released on the district and USAC websites. All Bidders interested in making a bid are directed not to make personal contact with mems of the District s Governing Board or any District personnel beyond the individuals listed herein. Any contact will constitute grounds for disqualification of consideration. The District shall not be required to answer any questions after the specified deadline or any questions submitted in a manner other than instructed herein. NOTE: The District is closed February 12th and February 19th 2018 If it becomes necessary for Inglewood USD to revise any part of this RFB, or provide clarification or additional information after the documents are released, notification will be posted on the District s webpage and the USAC website, as indicated above. All potential Bidders are solely responsible for ensuring they receive any and all updates or addenda as set forth herein and the District is not obligated to provide any special consideration to any Bidder who did not receive the required information for any reason. All addenda issued shall become part of the RFB. It shall be the responsibility of the potential contractors to inquire of Inglewood USD as to any addenda issued. This may be done by contacting IUSD by request to imontenegro@inglewood.k12.ca.us prior to the submittal deadline or by checking the Inglewood USD or USAC websites. All addenda and changes shall be made in writing by the District. No oral statements by any District employee shall constitute a change or addendum to this RFB, the Project documents, or any project requirement. The RFB shall also include all Forms attached hereto and the Bidder is required to provide all information requested by the Forms. 7. CONTRACT AWARD, TERMINATION and REQUIREMENTS 7.1 The District may award a Contract to any one of the three (3) lowest responsive responsible bidders which shall be determined by the total sum of all charges proposed by each Bidder in response to the Pricing Work Sheet. Bidders must honor all pricing if selected by the District for award. Once the District selects the successful Bidder, the District may contract with such Bidder in any manner the District s Board deems appropriate. 7.2 The District s grounds for contract termination include, but are not limited to: a. Service Provider does not provide all required information requested by the District or any agency with jurisdiction over the Project b. Service Provider does not provide all required deliverables 10

11 c. Service Provider fails to meet any of the requirements or obligations set forth in these bid documents, the Service Provider s bid response, or any other document incorporated into the Contract Documents, or any applicable law, rule or regulation applicable to the Project. 7.3 The Provider shall maintain compliance with any and all legal requirements set forth under the California Public Service Commission, FCC, law, ordinance, code, District Standard and the Schools and Libraries Division (SLD) of the FCC as part of the R-Rate Universal Service Fund (UAF) 7.4 All postings and response procedures must satisfy SLD E-Rate submission requirements, California state requirements and City requirements 7.5 Contractors must have no record of unsatisfactory performance. Bidders who are or have been seriously deficient in current or recent contract performance shall be presumed to be unable to meet this requirement 7.6 Contractors must have the ability to maintain adequate files and records and meet statistical reporting and FCC requirements 7.7 Contractors must have a permanent SLD Service Provider Identification Num (SPIN) and FCC Registration Num 7.8 Contractors understand that any contract(s) resulting from this tender may not contain any restrictions barring publication of final pricing data. FCC and USAC rules include increased pricing transparency to help schools and libraries find the best pric E-Rate services. Specifically, ISAC must make publically available on its website information regarding services and equipment purchased by schools and libraries. Applicants may opt out of this public disclosure requirement only if a specific law, rule, or other restriction bars publication of the purchasing price data 7.9 The District s Board of Education reserves the right to reject any and all bids in whole, or in part, or waive any irregularities or informalities, and accept any bid or portion of the bid that, in their opinion, best serves the interests of the District, even in the event E-RATE funding is approved At the discretion of the District, equipment or services will not be accepted until after receipt of the Funding Commitment decision letter from the Universal Service Administrative Company (USAC), Schools and Libraries Division (SLD) 7.11 All contracts entered as a result of this bid proposal and the associated Form 470 will be contingent upon funding approval by the SLD and approved amount equal to the funding amount as requested on the Form 471, at the discretion of the District, and the Bidder maintaining a valid Service Provider Identification Num (SPIN) consistent with the type of service requested and a certified Form 486 filled by IUSD and a written Notice to Proceed to the winning Bidder to initiate service. If this does not occur, all contracts may be terminated at the sole discretion of the District and at no cost to the District 11

12 7.12 Protests shall be considered when written, containing the proposal num, and must be submitted within five (5) days of notice to award letters sent to all respondents (award / no award). The protest shall specify the reasons and facts upon which the protest is based Resolution. Once the bid protest is received, the Bidder who is the subject of the protest (the Selected Bidder ) will be notified of the protest and the evidence presented. If appropriate, the Selected Bidder will be given an opportunity to rebut the evidence and present evidence that the Selected Bidder should be allowed to perform the Work. The District will issue a written decision within fifteen (15) days of receipt of the protest, unless factors beyond the District's reasonable control prevent such resolution. The Decision on the Bid Protest will be copied to all parties involved in the protest Finality. The decision concerning the Bid controversy will be final and not subject to any further Appeals Waiver. Failure to comply with this Bid Protest Procedure shall constitute a waiver of the right to protest and shall constitute a failure to exhaust the protesting Bidder's administrative remedies 7.16 The governing board or appointed administrator reserves the right to accept or reject any or all bid proposals in whole or in part / or waive any irregularity in any proposal received. IUSD shall be the sole judge of the competency of the bidder. The submission of a bid by the Bidder is an acknowledgement of this right Pursuant to Public Contract Code section , the Board reserves the right to award a contract for the Project with one of the three lowest responsible bidders who best meet the needs of the District as set forth in the Bid Documents By submitting a complete Bid, each Bidder agrees that all documents and exhibits contained herein, with signed responses, shall hereby be incorporated into any Contract awarded by the District and shall become part of the final Contract. 8. BONDS: The bonding requirements for this Project are set forth in Section 3: Instruction to Bidders 9. INSPECTIONS: All product(s) or service(s) are subject to inspection and acceptance or rejection. All applications of this tender shall be in the jurisdiction, discretion, and judgment of the District inspector Bidder shall provide any equipment or services required to provide a complete and operational system, regardless if the equipment or service has been specifically itemized 10. INDEMNITY: 12

13 Contractor shall defend, indemnify and hold harmless District, Inspector, the State of California and their officers, employees, agents and independent contractors from all liabilities, claims, actions, liens, judgments, demands, damages, losses, costs or expenses of any kind arising from death, personal injury, property damage or other cause based or asserted upon any act, omission, or breach connected with or arising from the progress of Work or performance of service under this Contract or the Contract Documents. As part of this indemnity, Contractor shall protect and defend, at its own expense, District, Inspector, the State of California and their officers, employees, agents and independent contractors from any legal action including attorney s fees or other proceeding based upon such act, omission, breach or as otherwise required by this Section 11. Furthermore, Contractor agrees to and does hereby defend, indemnify and hold harmless District, Inspector, the State of California and their officers, employees, agents and independent contractors from every claim or demand made, and every liability, loss, damage, expense or attorney s fees of any nature whatsoever, which may be incurred by reason of: 11.1 Liability for (1) death or bodily injury to persons; (2) damage or injury to, loss (including theft), or loss of use of, any property; (3) any failure or alleged failure to comply with any provision of law or the Contract Documents; or (4) any other loss, damage or expense, sustained by any person, firm or corporation or in connection with the Work called for in this Agreement or the Contract Documents, except for liability resulting from the sole or active negligence, or the willful misconduct of the District Any bodily injury to or death of persons or damage to property caused by any act, omission or breach of Contractor or any person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages or injury to or death of persons, loss (including theft) or loss of use of any property, sustained by any person, firm or corporation, including the District, arising out of or in any way connected with Work covered by this Contract or the Contract Documents, whether said injury or damage occurs either on or off District property, but not for any loss, injury, death or damages caused by the sole or active negligence or willful misconduct of the District Any dispute between Contractor and Contractor s subcontractors/supplies/ Sureties, including, but not limited to, any failure or alleged failure of the Contractor (or any person hired or employed directly or indirectly by the Contractor) to pay any Subcontractor or Materialman of any tier or any other person employed in connection with the Work performed under the Contract and/or filing of any stop notice or mechanic s lien claims. Contractor, at its own expense, cost, and risk, shall defend any and all claims, actions, suits, or other proceedings that may be brought or instituted against the District, its officers, agents or employees, on account of or founded upon any cause, damage, or injury identified herein Section 11 and shall pay or satisfy any judgment that may be rendered against the District, its officers, agents or employees in any action, suit or other proceedings as a result thereof. The Contractor s and Subcontractors obligation to defend, indemnify and hold harmless the District, Inspector, the State of California and their officers, employees, agents and independent contractors 13

14 hereunder shall include, without limitation, any and all claims, damages, and costs for the following: (1) any damages or injury to or death of any person, and damage or injury to, loss (including theft), or loss of use of, any property; (2) breach of any warranty, express or implied; (3) failure of the Contractor or Subcontractors to comply with any applicable governmental law, rule, regulation, or other requirement; (4) products installed in or used in connection with the Project; and (5) any claims of violation of the Americans with Disabilities Act ( ADA ). In addition to submitting a bid, all Bidders must sign below to confirm it understands and accepts all terms, conditions, and requirements set forth herein, including all indemnity requirements as to the District, its employees, consultants, and hired associated entities, such as the Visitor Indemnification as defined above. Date: Signature: Printed Name: 14

15 Date: Bidding Company: Contract Name: Contact Phone: Contact Contact address: SPIN num: EXHIBIT A: PRICING WORK SHEET All charges (taxes, surcharges, regulatory fees, etc.) must be included in table below. Manufacturer APC or Part Num/ Model Num ICX P-40G-E or ICX P-E or 10G-SFPP-SR or 10G-SFPP-LR or 40G-QSFP-C or ICX C or RPS9+I or ICX7750-FAN-I or PCUSA-3M or ICX7750-RMK or FPSLDSD002M or AP7901B or Description Qty Unit Cost 24-port 1 GbE switch PoE+ bundle includes 3 40 GbE 27 QSFP+ uplinks/stacking, 1 1,000 W AC power supply and one fan, front-to-back airflow. 48-port 1 GbE switch PoE+ bundle includes 4 10 GbE SFP+ 40 uplinks/stacking, 2 40 GbE QSFP+ uplinks/stacking, 1 1,000 W AC power supply and one fan, front-to-back airflow 10GBASE-SR, SFP+ optic (LC), for up to 300 m over MMF G-SFPP-LR 10GBASE-LR, SFP+ optic (LC), for up to 10 km over SMF 40 GbE direct-attached QSFP+ to QSFP+ Passive copper cable, 0.5 m, 1-pack Brocade ICX 7750 with 48 1/10GE RJ45 ports, 6 40 GbE QSFP ports and modular interface slot. No power supplies or fan units (must be ordered separately) 500 W AC power supply; power-supply-side intake (portside exhaust) airflow Fan kit of 4; fan-side intake (port-side exhaust) airflow Power Cord for RPS2/3/5/9 USA version - NEMA 5-15P Plug (15amp)a Rack Mount Kit, 2 Post, ICX7750/7450 FiExpress Pre-Terminated Assemblies 61 FX Patch Cords, Single Mode 2 meters, A-B Polarity, LC Connector, SC Connector (or ) APC Rack PDU, Switched, 1U, 20A, 120V, (8) Shipping & Handling Sales Tax Extended Cost TOTAL COSTS: AUTHORIZED SIGNATURE DATE FULL NAME TITLE 15

16 EXHIBIT A Continued: PRICING WORK SHEET This Pricing Work Sheet shall be used by the District to determine the three (3) lowest responsive bidders. The total prices provided herein shall include all associated costs and charges to provide the required equipment, as set forth in the Contract Documents, to the District. In no event shall the District be responsible or liable for any additional cost, fee, or charge; regardless of whether such charge was known or anticipated by the Bidder. I, the below-indicated Bidder, declare under penalty of perjury that the information provided and representations made in this bid are true and correct. By: Signature of Bidder Representative Date: Printed Name of Signee: Title of Signee: NOTE: If Bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of authorized officers or agents and the document shall bear the corporate seal; if Bidder is a partnership, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if Bidder is an individual, his signature shall be placed above. All signatures must be made in permanent blue ink. 16

17 EXHIBIT B: WARRANTY TERMS Equipment warranty periods are not to begin until after the delivery of the equipment to the District. All equipment must carry some type of lifetime warranty. Warranty terms are to be included below AUTHORIZED SIGNATURE DATE FULL NAME TITLE 17

18 EXHIBIT C NON-COLLUSION DECLARATION The undersigned declares: I am the [Title] of [Name of Company], the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any mem or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [Date], at [City], [State]. Signed: Typed Name: 18

19 EXHIBIT D BID GUARANTEE FORM (Use only when not using a Bid Bond) Accompanying this proposal is a cashier s check payable to the order of the Inglewood Unified School District or a certified check payable to the order of the Inglewood Unified School District in an amount equal to ten percent (10%) of the base bid and alternates ($ ). The proceeds of this check shall become the property of said District, if, this proposal shall be accepted by the District through the District s Governing Board, and the undersigned fails to execute a Contract with and furnish the sureties required by the District within the required time; otherwise, said check is to be returned to the undersigned. Bidder Note: Use this form, in lieu of Bid Bond form, when a cashier s check or certified check is accompanying the bid 19

20 EXHIBIT E BID BOND FORM KNOW ALL MEN BY THESE PRESENT that we, the undersigned, (hereafter called Principal ), and (hereafter called Surety ), are hereby held and firmly bound unto the Inglewood Unified School District (hereafter called District ) in the sum of ($ ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. SIGNED this day of, 20. The condition of the above obligation is such that whereas the Principal has submitted to the District a certain Bid, attached hereto and hereby made a part hereof, to enter into a Contract in writing for the construction of. NOW, THEREFORE, a. If said Bid is rejected, or b. If said Bid is accepted and the Principal executes and delivers a Contract within five (5) calendar days after acceptance (properly completed in accordance with said Bid), and furnishes bonds for his faithful performance of said Contract and for payment of all persons performing labor or furnishing materials in connection therewith, Then this obligation shall be void; otherwise, the same shall remain in force and effect. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or the call for bids, or the work to be performed thereunder, or the specifications accompanying the same, shall in anyway affect its obligation under this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of said Contract, or the call for bids, or 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 without limitation, attorneys fees to be fixed by the court. IN WITNESS WHEREOF, Principal and Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, on the day and year first set forth above. By (Corporate Seal) Principal s Signature Typed or Printed Name Principal s Title By Surety s Signature (Corporate Seal) Typed or Printed Name 20

21 Title Surety s Name (Attached Attorney in Fact Certificate) Surety s Address Surety s Phone Num IMPORTANT: 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, it must also appear on the Treasury Department s most current list (Circular 570 as amended). THIS IS A REQUIRED FORM. Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of agent or representative for service of process in California if different from above) (Telephone Num of Surety and agent or representative for service of process in California). 21