rfp 18-12 data center switching upgrade and expansion
TRANSCRIPT
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
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 2 of 40
SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
793 North "E" Street
San Bernardino, CA 92410
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.
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 3 of 40
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
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 4 of 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.
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 5 of 40
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.
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 6 of 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
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 7 of 40
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
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 8 of 40
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:
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 9 of 40
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
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 10 of 40
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:
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 11 of 40
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
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 12 of 40
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
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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
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 14 of 40
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
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 15 of 40
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
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 16 of 40
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.
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 17 of 40
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
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 18 of 40
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.
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 19 of 40
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
San Bernardino, CA 92410
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
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 20 of 40
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.
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 21 of 40
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
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 22 of 40
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.
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 23 of 40
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)
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 24 of 40
Equipment Parts List (See Excel Spreadsheet Attachment for quantities and pricing fill-in)
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 25 of 40
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:
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 26 of 40
(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:
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 27 of 40
(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 ________
If yes, please explain:
(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 _____
If yes, please explain:
(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 ______
If yes, please explain:
(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 ______
If yes, please explain:
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:
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
____________________________________________________________________
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 28 of 40
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)
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 29 of 40
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
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 30 of 40
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.)
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 31 of 40
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 _________________________
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 32 of 40
W-9 Form
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 33 of 40
Equal Opportunity Certification
San Bernardino City Unified School District
777 N. “F” Street
San Bernardino, CA 92410
(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__________________________________________
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 34 of 40
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 ______________________________________________
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 35 of 40
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
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 36 of 40
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
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 37 of 40
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.
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 38 of 40
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
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 39 of 40
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)
RFP No. 18-12 Data Center Switching Upgrade and Expansion Page 40 of 40
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.