REQUEST FOR PROPOSALS

Transcription

1 REQUEST FOR PROPOSALS Bids must be submitted electronically to: Santa Monica Community College RFP Title: SMC Main Data Center REFRESH RFP No cm BIDS DUE: 2:00 P.M. PST JULY 20,

2 Contents NOTICE... 3 BID (Proposal) SECURITY... 3 CANCELLATION OF THIS RFP... 3 ERRORS IN THE RFP... 4 QUESTIONS REGARDING THE RFP... 4 BACKGROUND AND OBJECTIVE INFORMATION... 4 TIMELINE FOR THIS RFP... 6 SUBMISSION GUIDELINES... 6 DISPUTES AND PROTEST... 7 AWARD OF CONTRACT... 8 EXECUTION OF CONTRACT... 8 MANDATORY REQUIREMENTS- CISCO INTEGRATOR... 9 PROFESSIONAL SERVICES... 9 DEPLOYMENT TASKS... 9 COORDINATION /IMPLEMENTATION PROJECT KICK OFF MEETING PROJECT MANAGEMENT REQUIREMENTS ENGINEERING REQUIREMENTS SANTA MONICA COLLEGE REQUIREMENTS IMPLEMENTATION PHASE INSTALLATION AND SYSTEM CONFIGURATION TESTING AND GO LIVE SMC Support KNOWLEDGE TRANSFER DELIVERABLES/PROJECT COMPLETION/PROJECT ESCALATION PROJECT COMPLETION CHANGE MANAGEMENT PROCESS ASSUMPTIONS Notes/Clarifications Technical Detailed Material Specifications (BOT) COST SHEET EVALUATION CRITERIA

3 TRADE IN EQUIPMENT ATTACHMENT 1 BIDDER S ACCEPTANCE OF TERMS AND CONDITI0NS ARTICES GENERAL TERMS AND CONDITIONS SPECIAL PROVISIONS ATTACHMENT IR NON-COLLUSION AFFIDAVIT FORM (NCA-1) DRUG FREE WORKPLACE CERTIFICATION NOTICE Notice is hereby given that proposals will be received in the SMC Purchasing Office by 2:00 p.m. on for Main Data Center FRESH Project The RFP will be available on June 30, 2014 and all proposals must be submitted by the specified date and time on Santa Monica College s Bid Website at Suppliers must be registered with SMC on this online bid portal in order to submit an RFP. BID (Proposal) SECURITY Each proposal shall be accompanied by Bid Security in the form a (a) cash, (b) certified or cashier s check made payable to the District or (x) a Bid Bond, in the form and content attached hereto, in favor of the District executed by the Bidder as a principal and an Admitted Surety Insurer under Code of Civil Procedures and as surety (the Bid Security ) in an amount not less than 10% of the RFP proposal. Any RFP proposal submitted without the required Bid (Proposal) Security is non-responsive and will be rejected CANCELLATION OF THIS RFP SMC reserves the right to cancel this Request for Proposal for any reason without any liability and to waive any and all irregularities. Proposals s may be withdrawn by written notice only provided such notice is received at the office of SMC s Purchasing Department prior to the date/time set as the closing time for receiving proposals. Proposals shall be open and valid for a period of 120 days following the submission closing date. Any interpretation, addition, deletion, or any other corrections to the Bid document, will be issued as written addenda by SMC. It is the sole responsibility of the potential Bidders to periodically check the SMC bid website to ensure that all available information has been received. 3

4 This Invitation for Bid does not commit SMC to awarding a Contract. Bidders shall bear all costs incurred in the preparation of the Bid and participating the evaluation process. SMC reserves the right to reject any and all bids, to accept the bid it considers most favorable to SMC in its sole discretion and to waive minor irregularities. ERRORS IN THE RFP If a bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP, the bidder should immediately provide SMC Purchasing Department with written notice of the problem and request that the RFP be clarified or modified. Without disclosing the source of the request, SMC may modify the document prior to the date fixed for submission of bids by issuing an addendum to all potential bidders to whom the RFP was sent. If prior to the date fixed for submission, a bidder knows of or should have known of an error in the RFP but fails to notify SMC Purchasing of the error, the bidder shall bid at its own risk, and if, awarded the contract, shall not be entitled to additional compensation or time by reason of the error or its later correction. QUESTIONS REGARDING THE RFP Questions regarding the RFP must be posted on SMC s online bidding portal by the date and time specified. Questions and answers regarding the RFP will be shared with all bidders known to be interested in submitting a bid. BACKGROUND AND OBJECTIVE INFORMATION Santa Monica Community College (SMC) through the Information Technology Department of Santa Monica Community College District is seeking TO PROVIDE A NEW AND INCREASED COMPUTE CAPABILITY IN THE NEW DATA CENTER, TO PROVIDE NETWORK INFRASTRUCTURE FOR THE NEW DATA CENTER AND TO PREP THE NEW Datacenter so SMC can move existing systems over the Spring Break Maintenance Window. The Statement of Work (SOW) identifies the services and activities to be performed by the Cisco Integrator (and/or others as identified herein) relative to the Data Center solution for Santa Monica College. The services, activities, and responsibilities described within the following sections herein characterize the full set of deliverables required for this project. 4

5 HIGH LEVEL VISIO 5

6 TIMELINE FOR THIS RFP SMC has developed the following list of key events related to this RFP. All dates are subject to change at the discretion of SMC. EVENT DATE RFP Issued JUNE 30, 2015 Follow-up questions Due 12:00 p.m., PST July 8, 2015 SMC written response to questions are due July 13, 2015 RFP DUE 2:00 P.M., PST JULY 20, 2015 Notice of Intent to Award July 22, 2015 BOARD OF TRUSTEE MEETING AUGUST 4, 2015 Contract Signed AUGUST 5, 2015 System Installed Target SPRING BREAK 2016 (APRIL) SUBMISSION GUIDELINES It is the Bidder s sole responsible for ensuring that the bid is received complete by SMC in accordance with the RFP requirements, prior to the date and time specified in the RFP. SMC shall not be responsible for delays or transmission errors. Late RFP s will be rejected. 6

7 DISPUTES AND PROTEST The District encourages potential Submitters to resolve issues regarding the requirements of the procurement process through written correspondence and discussions during the period in which clarifying addenda may be issued. The District wishes to foster cooperative relationships and to reach a fair agreement in a timely manner. Any Submitter submitting a bid proposal to the District may file a protest of the Districts Notice of Intent to award the contract provided that each and all of the following are complied with: 1. The bid protest is in writing; 2. The bid protest is filed and received by the District s Vice President of Business and Administration not more than five (5) calendar days following the date of the issuance of the District s Notice of Intent to Award the contract, and; 3. The written bid protest sets forth in detail, all grounds for the bid protest, including without limitation all the facts, supporting documentation, legal authorities and agreement in support of the grounds for the bid protests; any matters not set forth in the written protest shall be deemed waived. All factual contentions must be supported by competent, admissible and creditable evidence. Any bid protest not conforming to the foregoing shall be rejected by the District as invalid. Provided that a bid protest is filed in strict conformity with the foregoing, the District s Vice- President, Business and Administration or such individual(s) as may be designated by him/her, shall review and evaluate the basis of the bid protest. The District s Vice-President, Business and Administration or other individual designated by him/her shall provide the bidder submitting the bid protest with a written statement concurring with or denying the bid protest. The District's Board of Trustees will render a final determination and disposition of a bid protest by taking action to adopt, modify or reject the disposition of a bid protest as reflected in the written statement of the District s Vice-President, Business and Administration or his/her designee. Action by the District's Board of Trustees relative to a bid protest shall be final and not subject to appeal or reconsideration by the District s Vice President, Business and Administration any other employee or officer of the District or the District's Board of Trustees. The rendition of a written statement by the District s Vice-President, Business and Administration (or his/her designee) and action by the District's Board of Trustees to adopt, modify or reject the disposition of the bid protest reflected in such written statement shall be express conditions precedent to the institution of any legal or equitable proceedings relative to the bidding process, the District's intent to award the Contract, the District's disposition of any bid protest or the District's decision to reject all Bid Proposals. In the event that any such legal 7

8 or equitable proceedings are instituted and the District is named as a party thereto, the prevailing party(ies) shall recover from the other party(ies), as costs, all attorneys' fees and costs incurred in connection with any such proceeding, including any appeal arising therefrom. AWARD OF CONTRACT Award, if any, will be to the firm whose proposal best complies with all of the requirements of the RFP documents and any addenda. Subsequent to the award, all RFP s become public documents. Evaluation methodology and basis for award are described in Section IV- Evaluation and Award Criteria. The District may elect at any time to amend any contract awarded hereunder to require the Submitter to provide additional advising, analysis, information, or assistance. In this case, work performed by the Submitter will be on a negotiated basis. The selected Submitter and the District will mutually agree on the scope of work associated with any such additional service. EXECUTION OF CONTRACT The Contract shall be signed by the Submitter and returned, along with the required attachments to the District Purchasing Office within 10 working days. The period for execution may be changed by mutual agreement of the parties. Contracts are not effective until approved by the District s Board of Trustees and by the appropriate District officials. Any work performed prior to receipt of a fully executed contract shall be at Submitter s own risk. 8

9 MANDATORY REQUIREMENTS- CISCO INTEGRATOR Integrator must meet the minimum Qualifications to be considered for this project Cisco Certified Gold Partner Cisco ATP Data Center Advanced Data Center Architecture Specialization Advance Routing and Switching Advanced Security Advanced Unified Fabric Technology Specialization Master Cloud Builder Specialization Master Security Specialization Cloud Builder-Infrastructure, Management and Services Virtualization: VMware Customer Satisfaction Excellence MCB Cloud Management- Cisco UCS Director MCB Cloud Management- Intelligent Automation for Cloud MCB Desktop Virtualization- VMware MCB Hypervisor Virtualization-VMware ATP- Cisco Application Centric Infrastructure ATP- Data Virtualization Reseller ATP- IP Interoperability and Collaboration Systems ATP-UCS Invicta CCIE in Data Center on staff VCP on Staff PROFESSIONAL SERVICES DEPLOYMENT TASKS Below is a breakdown of assigned tasks broken down by type: Coordination/Implementation Design Installation and System Configuration Testing and Go Live SMC Support 9

10 COORDINATION /IMPLEMENTATION Project coordination services provide oversight of the organization, direction and control of all project-related efforts required to complete the implementation as defined herein. The Integrator s Project Manager will manage the project and drive status meetings/conference calls. During a project, the Project Manager will be responsible for: Procurement, staging and delivery of purchased equipment Scheduling, Integrator resources Coordinating required SMC resources and associated tasks (if applicable) Planning installation activities using the agreed upon timeline as a guide Acting as a single point of contact for SMC inquires including changes, issue escalation, and acceptance activities PROJECT KICK OFF MEETING Project implementation kickoff meeting should include a full review of the contract terms, responsibilities, joint planning activities, and short-term deliverables for both the Cisco Integrator and SMC. The following items will be reviewed during the kick off meeting: Review Project Materials list Review specific items described in this Scope of Work Develop and verify the contact and escalation list Review a communication plan that will outline the protocol to be followed with regards to status reports, documentation of meetings, assignment and tracking of action items, required SMC/system information deliverables, project invoices, freeze dates for database or scope changes, and SMC logistical concerns. Review change management plan Review site test and acceptance processes PROJECT MANAGEMENT REQUIREMENTS Provide a single point of contact for all project management, delivery, and support activities. Participate in regularly weekly stakeholder and Implementation status meetings for the duration of the project. Provide weekly status reports, including progress, risk assessments, pending items, etc. Coordinate and manage all implementation activities of the project delivery team include: o Planning and Preparation phase o New Component Staging and Deployment o Develop System Test Plan 10

11 o Transition to support. Interface with Santa Monica College stakeholders and project personnel to communicate implementation delivery status. Collaboratively develop project milestones and timelines with Santa Monica College. Develop and maintain implementation timeline and resource schedules. ENGINEERING REQUIREMENTS Work with SMC to document Network and Compute configuration requirements. Collaborate with Santa Monica College personnel during the planning and preparation phase. Develop system test plan documentation Collaborate with Santa Monica College personnel on a rollback and recovery plan. Participate in regularly scheduled stakeholder and implementation status meetings. Solution deployment, installation and configuration SANTA MONICA COLLEGE REQUIREMENTS SMC to provide Local Brocade switch so all FC connections will be over MMF Fiber Patch cords required from SMC- all Patch cords OM3 or better. QTY Connector Use Notes 8 LC to LC MMF UCS 6296 pair to Nexus 9396 pair Length TBD based on distance required. 2 LC to LC MMF UCS C460 to Nexus 9396 pair Length TBD based on distance required. 8 LC to LC MMF UCS 6296 pair to Local Brocade Length TBD based on distance required. * Assumed brocade is equipped with LC Optics. 8 LC to LC MMF UCS C460 pair to Local Brocade Length TBD based on distance required. * Assumed brocade is equipped with LC Optics. 2 or 4 LC to LC MM Local Brocade to Remote Brocade ISL links 4 LC to LC SMF Nexus 9396 pair to Nexus 7000 pair 4 CAT 6 Copper Patch cables 2 for UCS 6296 L1 & L2 connections 2 for UCS Management links. 11 Length TBD based on distance required. Quantity of links to be determined by SMC. Length TBD based on distance required. LC- LC for straight connection. **If cross Connects are in place, we will need 4 fiber patch cables from the Nexus 9396 to the local cross connect AND 4 fiber patch cables from the far cross connect to the Nexus 7000 pair. Length between 6296 pair Length from FI to 2248

12 IMPLEMENTATION PHASE The roles and responsibilities during implementation are outlined below: Cisco Integrator Responsibilities Provide Project Manager to lead the project as outlined in the project kickoff meeting and act as a single point of contact between Integrator and SMC. Maintain the project timeline and notify the proper authorities in case of project delays. Coordinate the system data gathering activities Establish and participate in status update calls Process any change orders (as required) Track equipment logistics and verify site and equipment readiness with the SMC prior to deploying team members. Make sure that all SMC electrical and environmental requirements are met before deploying Integrator team members Ensure Integrator employees and any subcontractors conform to SMC s reasonable workplace policies, conditions, and safety regulations. Santa Monica College Responsibilities Designate a single point of contact and a backup contact for all Integrator inquiries. Provide information and documentation required by Cisco Integrator within two (2) business days of request. Notify Cisco Integrator of any hardware and/or software upgrades or any other changes within the SMC s network at least thirty (30) business days prior to the upgrade. Notify Integrator of any installation scheduling change at least seventytwo (72) hours prior to the originally scheduled installation date. When requested by the Integrator, provide building layouts, including the floor plans, location of cables, and power sources. Supply the workplace policies, conditions, and environment in effect at the SMC site. 12

13 DESIGN The below table outlines the responsibilities of the Cisco Integrator and Santa Monica College to ensure successful system configuration: Cisco Integrator Responsibilities Develop configuration documentation with input from the systems and network design team. Develop the implementation-specific network diagram with input from the SMC and/or the design team. Configure all products for maximum conformance to the desired access and security policy. This conformance must be based on Manufacturer best practices. SMC Responsibilities Provide a staging room with adequate table space, power, grounding, and network infrastructure as specified in the staging plan to allow Integrator to stage and configure the product. This staging room should have a locked storage area. Storage fees may be incurred if SMC does not have capacity to store the materials. Provide shipping addresses for each site along with contact names for shipment to the SMC-specified locations. Provide input to the Integrator for the development of configuration documentation. INSTALLATION AND SYSTEM CONFIGURATION The below table outlines the responsibilities of the Cisco Integrator and Santa Monica College during Installation and Configuration Configuration responsibilities listed below are related to the following components: (2) Cisco Nexus 9396 DC aggregation switches The Cisco Integrator will configure as Layer 2 Extension off of Nexus (SMC will convert to L3 as a separate project phase) The Cisco Integrator will configure with approximately 25 VLANs. The Cisco Integrator will configure with uplinks as illustrated in cable diagrams below (2) Cisco Nexus 2248 Fabric Extenders. The Cisco Integrator will configure with uplinks as illustrated in cable diagrams below (2) Cisco UCS 6296 Fabric Interconnects The Cisco Integrator will configure with uplinks as illustrated in cable diagrams below 13

14 The Cisco Integrator will configure network and storage connectivity as documented in the discovery process. The Cisco Integrator will apply additional Port licenses for fabric interconnects. The Cisco Integrator will configure Pools, Policies, Templates, and Profiles for UCS servers. (4) Cisco UCS 5108 Blade Chassis The Cisco Integrator will configure with uplinks as illustrated in cable diagrams below (16) Cisco UCS B200 M4 Blade servers (1) Cisco UCS C460 Rack mount server The Cisco Integrator will configure with uplinks as illustrated in cable diagrams below The Cisco Integrator will review utilization of UCS Manager Express to set up stand alone server (5) Cisco UCS C220 Rack mount servers To be installed and configured by SMC. (4) Cisco RP208 PDU with 20 C13 and 4 C19, Single Phase PDUs with L6-30P plug. SMC will provide, install, and properly brace (2) Chatsworth racks measuring 31.5 x 47.2 x 45U (Chatsworth PN: FF3U-111C-C52-B) SMC will provide (2) 30 AMP single phase circuits per rack terminated to a L6-30 Connector in order to be compatible with the Cisco PDUs (PN: RP P-U-2=) SMC will provide necessary copper and fiber patch cables. 14

15 Cisco Integrator Responsibilities Confirm that SMC has completed the site readiness recommendations and that the network is ready for the installation of the solution. Receive, inventory, and record serial numbers for the product at the onsite staging location. Unpack and assemble devices Rack, power, and patch devices in Schedule A. Troubleshoot and replace hardware failures relating to the installation of the product. Apply configurations documented in design phase to devices listed in Schedule A. UCS Director licenses have been included in the Schedule A but will not be installed or configured within the scope of this project. SMC Responsibilities Prepare the site in accordance with the site readiness recommendations. The Cisco Integrator shall not proceed with the product installation until such modifications and changes are made. Provide any security clearances, escorts, special safety equipment, and access training as required to access the site. Provide an engineer to be available during the network installation and implementation testing to make network changes required to make the network operational. Provide IP addresses, subnet masks and existing DNS and DHCP server configurations information Provide administrative accounts necessary to complete configuration. Provide all required Fiber patch cables. Provide configuration required on existing network (Nexus 7k, Cisco 6500), server (HP), and SAN hardware (Brocade and HP) Provide necessary Rack space and power. TESTING AND GO LIVE The below table outlines the responsibilities of the Cisco Integrator and Santa Monica College to ensure successful system deployment: System will be considered Live when Test VM is Vmotioned to UCS environment and all Network reachability tests are verified by SMC. At completion of System Go Live, Integrator resources will go into standby while SMC plans the move and configuration of existing hardware. SMC will move existing HP servers and Storage arrays and connect to new infrastructure. SMC will move existing Brocade switches and test connectivity. 15

16 SMC will update Nexus 9k configuration to move L3 interfaces from Nexus 7k to Nexus 9k The Cisco Integrator will provide design review and support as described in above. The Cisco Integrator will provide cutover assistance as described above Cisco Integrator Responsibilities Provide on-site support during installation, migration, cutover, and implementation testing. Verify operation of the installed Nexus switches and UCS B series Servers. Demonstrate Installation of ESX Operating system on UCS B series Blade. Verify Network reachability of test virtual Machine migrated to UCS B environment in new Data Center. SMC Responsibilities Configure all necessary Vmware components. Designate test VM and perform Vmotion to UCS environment. Test network reachability of test VM. SMC SUPPORT SMC will own the DC service move and Network reconfiguration. The Cisco Integrator must provide advisory support during the service cutover performed and managed by SMC. The Cisco Integrator Project Management will not be involved in this project plan. The Cisco Integrator engineers will be engaged as advisors, and available for cutover support as specified in the table below. SMC will be responsible for ensuring data integrity during the move and system turn up and operation. The Cisco Integrator is providing advisory and troubleshooting assistance, but is not developing the move and network reconfiguration deployment plan, test plan, or acceptance plan. If support beyond what is specified in the table below is required by SMC, a change order will be issued. 16

17 Cisco Integrator Responsibilities Provide up to 8 hours remote design review of SMC Plans for Server and Storage move. Provide up to 8 hours of supplementary Go Live assistance during SMC Server and Storage move. Support will be focused on preserving UCS functionality. Provide up to 8 hours to design and model Vmware virtual Distributed Switching (vds) and implement base configuration. SMC Responsibilities Move, install, and configure all existing DC components. Update Nexus 9k configuration to move L3 functionality from the N7k KNOWLEDGE TRANSFER Administrative Knowledge Transfer The Cisco Integrator will provide one informal administrative knowledge transfer session for up to 8 hours to accommodate up to three attendees. This session will be conducted on the day after completion or conducted informally throughout the deployment. Cisco Integrator Responsibilities Coordinate a time and place with SMC for all knowledge transfer sessions Review features capabilities and troubleshooting steps for Nexus 9396 Review features capabilities and troubleshooting steps for UCS B series Review steps to take to migrate Vmware Standard vswitches to Vmware Distributed vswitches (vds) SMC Responsibilities Provide a list of all attendees Schedule all rooms and facilities to be used for knowledge transfer sessions 17

18 DELIVERABLES/PROJECT COMPLETION/PROJECT ESCALATION The below table shows deliverables that will be provided by the Cisco Integrator. Deliverables Cisco Integrator Deliverables Project plan Data Collection Worksheet As built information, such as IP address information, and final configurations. PROJECT COMPLETION Within five days of project completion, Santa Monica College with work with the Integrator to develop a list of any outstanding performance and/or deliverables issues to form a completion Punch List. Once all items identified on the Punch List have been provided and addressed, Santa Monica College will formally Accept the project. CHANGE MANAGEMENT PROCESS No Change Orders will be accepted by Santa Monica College unless one of the following conditions arises: SMC Initiated changes to the project scope or services provided SMC initiated Timeline or Project Plan changes Unavailability of SMC resources SMC Environmental or architectural changes 18

19 ASSUMPTIONS The following assumptions, together with those detailed elsewhere, were made to create this Statement of Work. General Assumptions SMC will provide 24/7 access to SMC facilities, including, where applicable, computer equipment, facilities, workspaces, and equipment. SMC will provide a complete and documented network architecture plan that would provide physical and logical schematics (Visio format preferred) prior to service commencement. Ensure that all site preparation (for example, but not limited to, power, space, HVAC, abatement, cables, and racks) will be in place and the site ready for equipment installation three (3) business days prior to the beginning of the scheduled onsite installation. Ensure that there are the necessary power and cable requirements at each location. UPS, surge protection, or wall outlets are available and labeled for equipment. All patch panels and cables are properly wired and labeled and meet CAT5 specifications. Any additional cabling required is performed by SMC s cabling vendor. Integrator shall be responsible for the registration of all Cisco SmartNet SMC network architecture design shall not change between the date of SMC s execution of this SoW and the completion of all services contemplated hereunder. All fees associated with delivery of the hardware shall be borne by the Integrator at no additional charge to Santa Monica College. Unless otherwise agreed to by the parties, a response will take place within two (2) business days of The Cisco Integrator request for documentation or information needed for the project. SMC has delivered to The Cisco Integrator all of the required paperwork for processing. The Cisco Integrator requires no more than three weeks to schedule resources for the project start from the time all completed contracts are received and processed. All backup solutions are to be provided by SMC. The Cisco Integrator has not provided these solutions as part of this SoW and does not hold any responsibility for these elements of the end-state solution. All SoW activities, with the exception of cutover, will be conducted during normal business hours, Monday through Friday, 8 am to 5 pm. Notes/Clarifications UCS Director licensing has been included as a bundled component of the UCS hardware. SMC and the Cisco Integrator will not be installing or configuring UCS Director within the Scope of this project. SMC is expected to provide necessary fiber and copper patch cables. 19

20 CABLE DETAILS AND PORT/OPTIC UTILIZATION 20

21 21

22 ASSUMPTIONS Nexus 9396 within 5M of each other. Nexus 9396 within 5M of Nexus 2248 UCS Chassis Racked in manner illustrated below (or closer) 22

23 SUGGESTED RACK ELEVATION UCS POWER REQUIREMENTS PER RACK 23

24 24

25 25

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27 TECHNICAL DETAILED BILL OF MATERIAL COST SHEET PLEASE ANNOTATE TAXABLE ITEMS PART# QTY DESCRIPTION UNIT PRICE EXTENDED PRICE DS-SFP- FC8G-SW= 8 8 Gbps Fibre Channel SW SFP+, LC, Spare GLC-SX- MMD= BASE-SX SFP transceiver module, MMF, 850nm, DOM GLC-T= BASE-T SFP N2K- C2248TP-E CON-SNTP- C2248TPE CAB-C13-C14-2M N2248TP-E- FA-BUN CON-SNTP- 2248EFA 2 N2K-C2248TP-E-1GE (48x100/1000- T+4x10GE), airflow/ps option 2 SMARTNET 24X7X4 Null SKU-No line item services included 4 Power Cord Jumper, C13-C14 Connectors, 2 Meter Length 2 Standard Airflow pack:n2k-c2248tp-e- 1GE, 2 AC PS, 1Fan 2 SMARTNET 24X7X4 Standard Airflow pack:n2k-c2248tp-e-1ge 2 Nexus 9396PX, hot air exhaust, Enhanced L3 2 SMARTNET 24X7X4 Nexus 9396PX, hot ai 2 Nexus 9300 Accessory Kit 6 Nexus 9300 Fan 2, Port-side Intake N9K- C9396PX-FA- L3 CON-SNTP- 9396PFL N9K-C9300- ACK N9K-C9300- FAN2 CAB-C13-CBN 4 Cabinet Jumper Power Cord, 250 VAC 10A, C14-C13 Connectors N9K-PAC- 650W 4 Nexus W AC PS, Port-side Intake N9K-C Nexus 9300 Rack Mount Kit RMK N9KDK9-612I3.3A 2 Nexus 9500 or 9300 Base NX-OS Software Rel 6.1(2)I3(3A) N9K-M12PQ 2 ACI capable Uplink Module for Nexus 27

28 9300, 12p 40G QSFP N1K-VLCPU- 96-ESSTL 2 Nexus 1000V Essential Edition Paper Delivery License Qty 96 N93-LIC-PAK 2 N9300 License PAK Expansion CON-SAU- N93LPAK 2 SW APP SUPP + UPGR N9300 License PAK Ex N93-LAN1K9 2 LAN Enterprise License for Nexus 9300 Platform N9K-DCNM- 2 N9000 DCNM License PAK Expansion PAK CON-SAU- N9DCNMPK 2 SW APP SUPP + UPGR N9000 DCNM License PAK Expansion DCNM-LAN- N93-K9 2 DCNM for LAN Advanced Edt. for Nexus 9300 switches CON-SAU- N93LANK9 2 SW APP SUPP + UPGR DCNM for LAN Advance QSFP-H40G- CU5M= RP P- U-2= CON-SNTP- RPDUX 2 40GBASE-CR4 Passive Copper Cable, 5m 4 Cisco RP U-2 Single Phase PDU 20x C13, 4x C19 4 SMARTNET 24X7X4 Cisco RP U- X Single Phase PDU 2x SFP-10G-LR= 8 10GBASE-LR SFP Module SFP-10G-SR= 12 10GBASE-SR SFP Module SFP-H10GB- CU5M= 48 10GBASE-CU SFP+ Cable 5 Meter UCS-FI- 6296UP-UPG 2 UCS 6296UP 2RU Fabric Int/No PSU/48 UP/ 18p LIC CON-SNTP- FI6296UP 2 SMARTNET 24X7X4 UCS 6296UP 2RU Fabrc Int/2 PSU/4 Fans SFP-10G-SR 16 10GBASE-SR SFP Module SFP-H10GB GBASE-CU SFP+ Cable 3 Meter CU3M DS-SFP Gbps Fibre Channel SW SFP+, LC FC8G-SW UCS-ACC- 2 UCS 6296UP Chassis Accessory Kit 6296UP UCS-PSU- 6296UP-AC 4 UCS 6296UP Power Supply/ VAC N10-MGT012 2 UCS Manager v2.2 28

29 UCS-BLKE UCS 6200 Series Expansion Module Blank UCS-FAN- 8 UCS 6296UP Fan Module 6296UP CAB-C13-CBN 4 Cabinet Jumper Power Cord, 250 VAC 10A, C14-C13 Connectors UCS-LIC- 10GE-16B UCS-LIC- 10GE-B 2 16xUCS 6200 Series Fabric Int 1port 1/10GE/FC-port E-license 32 UCS 6200 Series Fabric Int 1port 1/10GE/FC-port E-license UCSB AC2-UPG 4 UCS 5108 Blade Server AC2 Chassis/0 PSU/8 fans/0 FEX CON-SNTP- 6508AC2U 4 UCS 5108 AC Chassis, updated backplane,smartnet 24X7X4 N20-FW012 4 UCS Blade Server Chassis FW Package 2.2 N20-CBLKB1 16 Blade slot blanking panel for UCS 5108/single slot N20-CAK 4 Accessory kit for UCS 5108 Blade Server Chassis UCSB PKG-HW 4 UCS 5108 Packaging for chassis with half width blades. N01-UAC1 4 Single phase AC power module for UCS 5108 N20-FAN5 32 Fan module for UCS 5108 UCSB-B200- M4 16 UCS B200 M4 w/o CPU, mem, drive bays, HDD, mezz CON-SNTP- B200M4 16 SMARTNET 24X7X4UCS B200 M4 w/o CPU,mem,dr b,hdd,mezz UCS-CPU- E52683D GHz E v3/120w 14C/35MB Cache/DDR4 2133MHz UCS-ML- 1X324RU-A GB DDR MHz LRDIMM/PC /quad rank/x4/1.2v UCSB- MRAID12G 16 Cisco FlexStorage 12G SAS RAID controller with Drive bays UCSB-MLOM- 40G Cisco UCS VIC 1340 modular LOM for blade servers UCSX-TPM Trusted Platform Module 1.2 for UCS (SPI-based) UCSB-HS-EP- 16 CPU Heat Sink for UCS B200 M4 Socket M4-F UCSB-HS-EP- M4-R 1 (Front) 16 CPU Heat Sink for UCS B200 M4 Socket 2 (Rear) 29

30 UCSB-LSTOR- BK 32 FlexStorage blanking panels w/o controller, w/o drive bays C1UCS-OPT- OUT 16 Cisco ONE Data Center Compute Opt Out Option UCS-IOM- 2208XP 8 UCS 2208XP I/O Module (8 External, 32 Internal 10Gb Ports) UCSB-PSU- 2500ACDV W Platinum AC Hot Plug Power Supply - DV CAB-C19-CBN 16 Cabinet Jumper Power Cord, 250 VAC 16A, C20-C19 Connectors UCSC-C220- M4S 5 UCS C220 M4 SFF w/o CPU, mem, HD, PCIe, PSU, rail kit CON-SNTP- C220M4S 5 SMARTNET 24X7X4 UCS C220 M4 SFF w/o CPU, mem, HD UCS-CPU- E52650D GHz E v3/105w 10C/25MB Cache/DDR4 2133MHz UCS-MR- 1X162RU-A 20 16GB DDR MHz RDIMM/PC /dual rank/x4/1.2v UCS- SD240G0KS GB 2.5 inch Enterprise Value 6G SATA SSD EV UCSC-MLOM- CSC-02 5 Cisco UCS VIC1227 VIC MLOM - Dual Port 10Gb SFP+ UCSC-CMAF- M4 5 Reversible CMA for C220 M4 friction & ball bearing rail kits UCSC-RAILB- M4 5 Ball Bearing Rail Kit for C220 M4 and C240 M4 rack servers UCSX-TPM Trusted Platform Module 1.2 for UCS (SPI-based) UCSC-PSU1-770W W AC Hot-Plug Power Supply for 1U C-Series Rack Server CAB-9K12A- NA 10 Power Cord, 125VAC 13A NEMA 5-15 Plug, North America N20-BBLKD 10 UCS 2.5 inch HDD blanking panel UCS- 220CBLSR8 5 C220 M4 set of 2 SATA/SW RAID cables for 8HDD bckpln chassis UCSC-HS- 5 Heat sink for UCS C220 M4 rack servers C220M4 N20-BKVM 5 KVM local IO cable for UCS servers console port UCSC- SWRAID5 5 Software Raid 5 upgrade key for embedded Raid C1UCS-OPT- OUT 5 Cisco ONE Data Center Compute Opt Out Option 30

31 UCSC-C460- M4 1 UCS C460 M4 base chassis w/o CPU/DIMM/HDD CON-SNTP- C460M4 1 SMARTnet Premium 24x7x4,UCS C460 M4 Server UCS-CPU- E78890D 4 2.5GHz E v3/165w/18c/45m Cache UCS-MR- 1X162RU-G 16 16GB DDR MHz RDIMM/PC /dual rank/x4/1.2v UCSC- MRBD UCS C460 M4 DDR4 Memory Riser with 12 DIMM slots UCSC-PCIE- 2 Riser card with 5 PCIe slots RSR-05 UCS- SD480G0KS GB 2.5 inch Enterprise Value 6G SATA SSD EV UCSC- PSU2V W V2 AC Power Supply for 2U & 4U C-Series Servers 1400W N20-BKVM 1 KVM local IO cable for UCS servers console port CAB-C13-C14-2M 4 Power Cord Jumper, C13-C14 Connectors, 2 Meter Length UCSC-CMA- 4U 1 Cable Management Arm for UCS C460 M4 UCSC- BRCKT1-C460 1 Bracket and Supercap cable for C460 M4 and 12G RAID UCSC-RAIL- 1 Rail Kit for UCS C460 M4 4U UCSC-PCIE- 4 Full Height PCIe slot filler for C Series FLR-F UCSC-HS-01- EX 4 CPU Heat Sink for UCS C460 M4 Rack Server N20-BBLKD 10 UCS 2.5 inch HDD blanking panel UCSC- 1 Cisco 12G SAS Modular Raid Controller MRAID12G UCSC- MRAID12G- 1 Cisco 12Gbps SAS 512MB FBWC Cache module (Raid 0/1/5) 512 N2XX-AIPCI01 2 Intel X520 Dual Port 10Gb SFP+ Adapter UCSC-F-FIO- 1000PS 2 UCS 1000GB Fusion iomemory3 PX Performance line for Rack M4 CON-SNTP- FIOC10PS 2 SMARTNET 24X7X4 UCS 1000GB Fusion iomemory3 PX Performance l UCSC-PCIE- 2 Emulex LPe16002-M6, 16Gb Fibre 31

32 E16002 C1UCS-OPT- OUT CIS-TRN-CLC- 001 Channel HBA with SR Optics 1 Cisco ONE Data Center Compute Opt Out Option Prepaid Training Credits: Redeem w/cisco Learning Partners TOTAL HARDWARE TOTAL SOFTWARE Trade-In Credit Hardware Discount Hardware/Software Total Total Smartnet/Services Smartnet Discount ( Smartnet/Services Total Professional Services SALES TAX (NOTE TAXABLE ITEMS) Shipping & Handling TOTAL 32

33 EVALUATION CRITERIA Evaluation and selection of BIDDER will be based on factors other than cost. These factors may include, but are not limited to: ITEM CRITERIA POINTS A B C D E FIRM EXPERIENCE AND REFERENCES 1. Previous experience in providing Integrator Services similar in size and scope of this project. 2. Previous experience working with the California Community College Districts, and familiarity with California Public Contract Code 3. Previous experience in providing services to an academic institution. 4. Demonstrated ability to perform PROPOSED PERSONNEL 1. Consideration will be given based on the professional and educational qualifications of personnel that will be assigned to the project based on the resumes provided. Proposer should demonstrate that all key personnel have been successfully involved with projects of similar scope and magnitude and meet the requirements listed above. Documentation for this section should include: (a) A typical detailed schedule that shows proposed staffing and hours. (b) An organization chart describing how your firm(s) would staff the project. (c) Resumes of key personnel whom would have direct project responsibilities. WORK PLAN/METHODOLOGY/SCHEDULE 1. This category will consider the overall quality of the proposed scope of services by demonstrated understanding of the District s Project REFERENCES COST 1. This category will consider information provided by references 1. Points will be awarded based LOWEST AGGREGATE COST TO THE DISTRICT 25 POINTS 20 POINTS 10 POINTS 10 POINTS 35POINTS 33

34 TRADE IN EQUIPMENT Bidder must provide Trade-In Rebates consistent with HP Trade in Program for all equipment listed below. The value of the trade in will be used to calculate the final bid pricing. MFG Model Approximate Date of Purchase Serial Number HP DL360G5 Server 4/17/2007 USE717N23B HP BladeSystem c7000 Enclosure 3/3/2009 USE902JW8V HP BladeSystem c7000 OnBoard Administrator 3/3/2009 O98BMP8797 HP BladeSystem c7000 OnBoard Administrator 3/3/2009 O97AMU3519 HP BLc 1/10Gb VC-Enet Module 3/3/2009 3C X HP BLc 1/10Gb VC-Enet Module 3/3/2009 3C HP BLc 1/10Gb VC-Enet Module 3/3/2009 3C M HP BLc 1/10Gb VC-Enet Module 3/3/2009 3C H HP BLc 1/10Gb VC-Enet Module 3/3/2009 3C J HP BLc 1/10Gb VC-Enet Module 3/3/2009 3C484900AG HP BLc 4Gb VC-FC Module 3/3/2009 3U B HP BLc 4Gb VC-FC Module 3/3/2009 MXK85100ND HP BL460c G1 Blade Server 3/3/2009 USE902JW8X HP BL460c G1 Blade Server 3/3/2009 USE902JW96 HP BL460c G1 Blade Server 3/3/2009 USE853JPTT HP BL460c G1 Blade Server 3/3/2009 USE915LECS HP BL460c G1 Blade Server 3/3/2009 USE902JW90 HP BL460c G1 Blade Server 3/3/2009 USE902JW95 HP BL460c G1 Blade Server 3/3/2009 USE906K8MX HP BL460c G1 Blade Server 3/3/2009 USE902JW92 HP BL460c G1 Blade Server 3/3/2009 USE902JW94 HP BL460c G1 Blade Server 3/3/2009 USE902JW91 HP BL460c G1 Blade Server 3/3/2009 USE902JW8Y HP BL460c G1 Blade Server 3/3/2009 USE902JW93 HP BL460c G6 Blade Server 3/9/2010 USE010Y4VT HP BL460c G6 Blade Server 3/9/2010 USE010Y4VV HP BL460c G7 Blade Server 2/15/2012 USE207VFH3 HP BL460c G7 Blade Server 2/15/2012 USE207VFH7 HP ProLiant DL380 G5 Server 3/3/2009 USE902N0X7 HP BL460c G1 Blade Server 3/3/2009 USE853JPTX HP BL460c G1 Blade Server 3/3/2009 USE853JPTV HP BL460c G1 Blade Server 3/3/2009 USE902JW8W HP BL460c G1 Blade Server 3/3/2009 USE902JW97 34

35 ATTACHMENT 1 BIDDER S ACCEPTANCE OF TERMS AND CONDITI0NS Mark the Appropriate Choice below: Vendor accepts Attachment SMC Standard Terms and Conditions, without exception. Vendor proposes exceptions/modifications to Attachment - SMC Standard Terms and Conditions. Summarize any and all exceptions to Attachment SMC Standard Terms and Conditions, below. Enclose both (i) a red-lined version of Attachment SMC Standard Terms and Conditions that clearly shows each proposed exception/modifications, and (ii) provide a written summary of each change, including the vendor s rationale for proposing each such exception/modification. BY (Authorized Signature) Printed Name and Title of Person Signing 35

36 ADDITIONAL PROVISIONS ACCEPTANCE PERIOD. Unless otherwise specified herein, proposals are firm for a period of one hundred and twenty (120) days. AUTHORIZED SIGNATURES. Every proposal must be signed by the person or persons legally authorized to bind the Bidder s to a contract for the execution of the work. RESERVED RIGHTS. SMC reserves the right to: a. Reject any or all of the responses to this Invitation for Bid (RFP) b. Cancel the entire Invitation for Bid (RFP) c. Remedy errors in the responses to the Invitation for Bid (RFP) d. Appoint evaluation committee to review responses. COMPLIANCE WITH LAWS. All proposals shall comply with current SMC Board Policies, federal, state, and other laws relative thereto. CONTRACT DOCUMENTS, EXAMINATION OF. It is the responsibility of the Bidder s to thoroughly examine and be familiar with legal and procedural documents, general conditions, all forms, specifications, drawings, plans, and addenda (if any), hereinafter referred to as Contract Documents. The failure or neglect of the Bidder s to examine the Contract Documents shall in no way relieve him from any obligations with respect to the solicitation or contract. The submission of a proposal shall constitute an acknowledgment upon which SMC may rely that the Bidder s has thoroughly examined and is familiar with the contract documents. DISQUALIFICATION OF BIDDER. If there is reason to believe that collusion exists among the Bidder s, SMC may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work. Bidder s shall submit as part of their Proposal, a Non-Collusion Affidavit provided herein. (Attachment NCA-1) IMPROPER ACTIVITY. It is improper and illegal for any SMC officer, employee or agent to solicit or accept consideration, in any form, from a Bidder s with implication that consideration may secure more favorable treatment for the award of the contract. EXECUTION OF CONTRACT. Time is of essence. The Successful Bidder s/vendor shall execute the contract, including but not limited to signing all necessary documents and submitting all required bonds and evidences of insurance, within ten (10) working days after the notice of contract Board approval. In case of failure of the Vendor to execute and return the contract and all required documents within the time allowed, SMC may, at its option, consider that the Bidder s has abandoned the contract, in which case the Performance Bond shall be forfeited by the Bidder s and become the property of SMC. One copy of the contract will be returned to the Vendor after the SMC executes the contract. PRICES. All Bidder s shall submit the prices on SMC form(s) if provided, and shall be signed by the Bidder s authorized representative. AMOUNT WRITTEN IN WORDS. Where there is a discrepancy between words and figures, 36

37 WORDS WILL GOVERN. Where there is a discrepancy between unit price and extended total, unit price will govern. BIDDER S CONTRACTUAL OBLIGATIONS IS BIDDER S S SOLE RESPONSIBILITY. SMC will look solely to the Successful Bidder s for the performance of all contractual obligations which may result from an award based on this RFP. AFFIRMATIVE OUTREACH. SMC hereby notifies all Bidder s that it will affirmatively ensure that minority owned, women owned, disabled owned, veteran owned and small business enterprises will be afforded full opportunity and consideration when submitting proposals in response to this invitation and no Bidder s will be discriminated against on the grounds of race, color, sex, creed, or national origin when reviewing the proposals for award of contract. TERMS OF THE OFFER. SMC s acceptance of Bidder s offer shall be limited to the terms herein unless expressly agreed in writing by SMC. Proposals offering terms other than those shown herein will be declared non-responsive and will not be considered. BIDDER SCKNOWLEDGEMENT OF TERMS AND CONDITIONS: The Bidder signature on the cover letter of their proposal verifies that the Bidder s has read, understands and agrees to the terms and conditions contained herein and on all of the attachments and amendments associated with this solicitation 37

38 ARTICES ARTICLE 1: ARTICLE 2: ARTICLE 3: ARTICLE 4: ARTICLE 5: ARTICLE 6: CONTRACT DOCUMENTS ORDER OF PRECEDENCE WORK TO BE PERFORMED PERIOD OF PERFORMANCE DELIVERABLES LIMITATION OF FUNDS ENTIRE AGREEMENT 38

39 SMC hereby contracts with (TBD) (the Contractor) and the Contractor agrees to perform the Work described in the Scope of Work, in accordance with the following articles, special provisions and terms and conditions of the contract. ARTICLE 1: CONTRACT DOCUMENTS ORDER OF PRECEDENCE This Contract includes the following Contract Documents and attachments, which are incorporated herein and made a part of this Contract. Except as otherwise specified herein, in the event of any conflict, the precedence of the Contract Documents shall be as follows: 1. Articles 2. Special Provisions 3. General Terms and Conditions 4. Scope of Work ARTICLE 2: WORK TO BE PERFORMED (SEE MANDATORY REQUIREMENTS). ARTICLE 3 PERIOD OF PERFORMANCE The Effective Date of this Contract is (TBF). Contractor shall perform and complete all Work under the Contract by as specified unless this Contract is terminated earlier or extended by SMC, in writing. ARTICLE 4: DELIVERABLES (See Schedule) CONTRACT DELIVERABLE DUE DATE DATA CENTER REFRESH APRIL 2016 ARTICLE 5: LIMITATION OF FUNDS Funding for SMC is based upon the ability of appropriated State of California funds as determined by the SMC fiscal budget and approved by the Board of Trustees, which runs from July1, through June 30 of each fiscal year. No legal liability for continuing to provide the referenced service by SMC shall arise until funds are approved by the SMC Board and made available. If funding is not approved for any subsequent year during which this Contract is in effect, you will be notified to stop work, and comply with the Stop Work Provision of this contract. ARTICLE 6: ENTIRE AGREEMENT: CONTRACT NO. (TBD) The Contract, and any attachments or documents incorporated herein by inclusion or by reference, constitutes the complete and entire agreement between SMC and Contractor and supersedes any prior representations, understandings, communications, agreements or proposals, oral or written. 39

40 GENERAL TERMS AND CONDITIONS TC-1 TC-2 TC-3 TC-4 TC-5 TC-6 TC-7 TC-8 TC-9 TC-10 TC-11 TC-12 TC-13 TC-14 TC-15 TC-16 TC-17 TC-18 TC-19 TC-20 TC-21 TC-22 INDEPENDENT CONTRACTOR INTENTIONALLY LEFT BLANK STANDARD OF PERFORAMNCE INSPECTION OF WORK, ACCEPTANCE WARRANTY FORCE MAJEURE CONTRACT MODIFICATION (Change) RECORDS AND AUDITS DISPUTES CONTRACT TERMINATIONS INTENTIONALLY LEFT BLANK SEVERABILITY GOVERNING LAW PUBLIC RECORDS ACT INDEMNIFICATION RIGHTS IN DATA/COPYRIGHT ROYALTY FREE LICENSE DELIVERY INSURANCE AND TITLE WAIVER CONFIDENTIALITY ASSIGNMENT SAFETY 40

41 TC-1 INDEPENDENT CONTRACTOR In performing work under this Contract, Contractor will be acting as an independent contractor and not as an agent or employee of SMC. Contractor will have no authority to contract in the name of SMC and Contractor will be responsible for its own acts and t hose of its agents and employees. TC-2 BLANK INTENTIONALLY (place holder) TC-3 STANDARD OF PERFORMANCE The Contractor shall perform and require its Subcontractors to perform the Work in accordance with the requirements of this Contract and in accordance with professional standards of skill, safety, and diligence adhered to by firms performing Work of a similar nature. It is understood that SMC will be relying upon Industry Standards of Performance for purposes of this contract TC-4 INSPECTION OF WORK, ACCEPTANCE A. SMC reserves the right to inspect all and every part of the Work at any time during the performance and after completion, at its discretion. SMC shall not be obligated to make any inspections, however, and neither the inspection of the Work, nor the lack thereof, shall relieve the Contractor of its responsibility for performing and providing the Work in accordance with the terms of this Contract. B. SMC shall not be deemed to have accepted the Contractor s performance of the Work unless SMC or its designated representative has given written notice of final acceptance of the Work to the Contractor. No payment in whole or in part shall be construed to be an acceptance of the Work. C. When the Contractor determines that all Work as authorized in this Contract is fully completed including all required submissions, SMC will commence a final review of the Work and, within 30 days will either: 1. Give the Contractor a final Contract Acceptance; or 2. Advise the Contractor in writing of any outstanding items which must be completed or corrected. 3. Notwithstanding the final Contract Acceptance the Contractor will not be relieved of its obligations hereunder, shall remain obligated under all those provisions of this Contract which expressly or by their nature extend beyond and survive final Contract Acceptance. TC-5 WARRANTY The Contractor warrants that all Work shall be in accordance with this Contract and shall comply with the Industry Standard of Performance, for the entire contract service period. 1. Assignment of Warranties. To the extent that third party manufactures have provided the bidder with any warranties or made other commitments regarding the equipment, products or goods that bidder has included in its bid to SMC, bidder will pass through and assign to SMC any and all such manufacturers warranties and other commitments, and/or take such action as may be necessary to ensure that SMC is entitled in full to all such manufacturer s warranties and obligations. 2. Unless otherwise specified by the bidder in its bid response, the warranties specified hereunder shall begin upon SMC acceptance, in writing, of the deliverable or service in question. 3. Bidder represents and warrants that it is a duly authorized value added reseller of the equipment, software and services specified by SMC and that it has a value added 41

42 reseller s agreement currently in force with each and every applicable company or manufacturer under which the bidder is authorized to make the commitments made in the Purchase Order 4. Bidder warrants that it will arrange with the manufacturers for a direct or sublicense for any operating systems software, general utilities, or applications software included with the goods. 5. Bidder warrants that any and all software required hereunder will perform in accordance with its license and any accompanying documentation. 6. Bidder warrants that all deliverables (including software) furnished hereunder (i) will be free at the time of delivery, of harmful code (i.e. computer viruses, worms, trap doors, time bombs, disabling code, or any similar mechanism designed to interfere with the intended operation of, or cause damage to, computers, data, or software; and (ii) will not violate any U.S. Intellectual property right. 7. Service Warranties- In connection with installation and configuration of the Equipment, the bidder warrants and represents that it and any and all of its authorized agent(s) possess such expertise, experience and resources to perform the installation services in a diligent, timely and professional manner consistent with the highest standards of the industry. The bidder also warrants that installation and configuration of any related components will not alter or damage SMC s existing computer network or systems. TC-6 FORCE MAJEURE Events constituting Force Majeure hereunder are limited to events, the effect of which could not have been avoided by due diligence and reasonable efforts of the Contractor. Force Majeure events include natural disasters, wars, riots, civil disorders, sabotage, strikes, labor disputes, freight embargos and severe weather conditions. TC-7 CONTRACT MODIFICATIONS (CHANGE) SMC may, from time to time, order additional work, make changes in the Scope of Work through a written Contract Modification. Contract Modifications are defined as changes to the contract; modifications; which are not contained in original Contract and determined by SMC to be necessary. If any Contract modifications under the contract causes an increase or decrease in the Contractor s cost of, or the time required for the performance of any part of the Work, an equitable adjustment in the compensation and or schedule will be negotiated, and shall be incorporated into this Contract in writing and signed by both contractor and SMC. TC-8 RECORDS AND AUDITS The Contractor shall maintain cost records in a generally recognized accounting basis, and the Contractor shall permit the authorized representatives of SMC, and any other government agency, to inspect, audit and copy all records relating to it and its Subcontractor s performance under this contract, for up to three (3) years after contract completion. TC-9 DISPUTES A. Performance During Dispute: Unless otherwise directed by SMC the Contractor shall continue performance under this Contract while matters in dispute are being resolved. B. Resolution of Disputes: The Parties shall use their best efforts to resolve disputes under this Contract. If a dispute cannot be resolved at the administrative level, the Parties mutually agree to binding arbitration, under jurisdiction in the State of California, 42

43 County of Los Angeles. C. Remedies: The duties and obligations imposed by this Contract and the rights and remedies available there under shall be in addition to and not a limitation of any duties obligation, rights and remedies otherwise imposed or available by law. TC-10 CONTRACT TERMINATIONS A. Termination for Convenience- SMC may, by written notice to the Contractor, terminate this Contract in whole or in part at any time, for SMC s convenience. Upon receipt of a Termination for Convenience Notice, the Contractor shall, to the extent specified in the notice; 1. Deliver to SMC all data, software, drawings, specifications, reports, estimates, summaries and such other information and material as may have been prepared or developed by the Contractor, or its sub- Contractors in performance under this Contract. 2. Protect and preserve any SMC property which remains in its possession Contractor shall submit its Final invoice, if any, within 30 days after the effective date of the Termination for Convenience. SMC and Contractor shall negotiate and reach agreement on the amount to be paid based upon the terms of the Contract. Under no circumstances shall the Contractor be entitled to anticipatory or unearned profits or consequential damages as a result of a Termination for Convenience. B. Termination for Default- SMC may be written notice terminate the Contract for failure of the Contractor to perform any obligation or comply with any requirement of this Contract. SMC s right to terminate this contract may be exercised if the Contractor does not cure a failure, as determined by SMC, within 5 days after receipt of a Notice to Cure. If SMC terminates this contract in whole or in part, the Contractor will be liable to SMC for Excess Cost for the contracted supplies or services. The Contractor shall not be liable for any Excess Cost if failure to perform the Contract arises from causes beyond the control and without fault or negligence of the Contractor. TC-11 INTENTIALLY BLANK (place holder) TC-12 SEVERABILITY In the event any section and/or sentences contained in the Contract shall be illegal, unconstitutional, or otherwise unenforceable, such determination, shall in no matter affect the other sections and/or sentences of the Contract. TC-13 GOVERNING LAW By entering into this Contract, both parties shall be subject to the Laws of the State of California, County of Los Angeles, over any action at law, suit in equity, and/or other proceeding that may arise out of this Contract. TC-14 PUBLIC RECORDS ACT All records, documents, drawings, plans, specifications, and all other information relating to the conduct of SMC s business, including information submitted by the Contractor, shall become the exclusive property of SMC and shall be deemed public records. In the event of litigation concerning the disclosure of any information Contractor shall indemnify and hold SMC harmless from all costs and expenses including attorney s fees in connection 43

44 with any such action. TC-15 INDEMNIFICATION Contractor agrees to indemnify SMC, its officers, agents and employees from all liability, damages and expenses resulting from Contractor s acts or omissions and that of its agents, employees or subcontractors in the performance of its work. In addition Contractor agrees to defend at Contractor s expense all legal proceedings and resulting judgments brought against SMC as a consequence of Contractor s work. TC-16 RIGHTS IN DATA/COPYRIGHT All documents, software, and materials prepared or developed by the Contractor and its subcontractors pursuant to this Contract shall become the property of SMC without restriction or limitation on their use and shall be made available upon request. TC-17 ROYALTY FREE LICENSE The Contractor shall agree to grant to SMC and to its officers, agents, and employees acting within the scope of their official duties, a royalty-free license to publish, translate, reproduce, deliver, and use as they deem fit all technical data supplied for this Contract. The Contractor warrants that the Work and drawings, surveys and other materials used in providing the Work shall be delivered free of any rightful claim of any third party for infringement of any United States patent or copyright or at its own cost obtain such. TC-18 DELIVERY, INSURANCE AND TITLE a) Delivery. The equipment will be delivered to SMC no later than the delivery date specified. b) Insurance- Bidder will assume full responsibility for insuring the Equipment in transit and dealing with transportation carriers to ensure delivery of shipments, to locate missing or late shipments, to resolve billing for transportation charges, and to submit and to resolve all insurance claims arising from damage to its shipment. c) Title. Bidder will furnish SMC a bill of sale and other documents request by SMC. d) Transportation Costs- All transportation charges on Equipment will be prepaid by the bidder and will be added as a separate charge on the bidder s invoice to SMC to be paid by SMC, except: Bidder will bear the cost of transportation of Equipment shipped for mechanical replacement purposes; Bidder will bear the cost of transportation for equipment removed as a result of Equipment failure, whether for convenience or at SMC s demand; and Bidder will bear the cost of transportation for equipment removed as a result of default by vendor of any of the terms and conditions of the Purchase Order. TC-19 WAIVER Failure of SMC to enforce at any time, or from time to time, any provision of the Contract shall not be construed as a waiver thereof. No waiver by the SMC of any breach of any provisions of the Contract shall constitute a waiver of any other breach or of such provision. Failure of delay by SMC to insist upon strict performance of any terms or conditions of the Contract, or to exercise any rights or remedies provided herein by law, shall not be deemed a waiver of any right of SMC to insist upon strict performance of the Contractor s obligations set forth in the Contract or any of its rights or remedies as to any prior or subsequent default 44

45 hereunder. TC-20 CONFIDENTIALITY Contractor agrees to treat as confidential and return to SMC all data, specifications, reports, drawings, and other materials made available to Contractor for use in performing its Work under this Contract. All data, specifications, reports, articles, drawings, surveys, and other materials prepared by Contractor in performing Work under this Contract will be treated as confidential by Contractor, will be the property of SMC, and will be delivered to SMC at its request or upon completion of Contracts Work. TC-21 ASSIGNMENT Contractor will not assign or subcontract any part of this Contract without the prior consent of SMC. TC-22 SAFETY The Contractor shall at all times conduct its operations in such a manner as to avoid risk of bodily harm to persons or damage to property. The Contractor shall promptly take all reasonable precautions to safeguard against such risks and shall make regular safety inspections of its operations. The Contractor shall be solely responsible for the discovery, determination and correction of any unsafe conditions caused by the Contractors performance of Work. In addition, the Contractor shall comply with all applicable safety laws, standards, codes, rules and regulations, including any safety program established by SMC. The Contractor shall cooperate and coordinate with SMC and with other SMC Contractors on safety matters and shall promptly comply with any specific safety instructions or directions given to the Contractor by the SMC. In addition to those employers who work at the designed worksite, if any of the Contractor s personnel are required to visit any Worksites, the Contractor shall furnish suitable safety equipment and enforce the use of such equipment by those personnel. 45

46 SPECIAL PROVISIONS SP-1 COMPLIANCE WITH SECTIOIN 508 SP-2 NOTIFICATION SP-3 INSURANCE REQUIREMENTS SP-4 SMALL, WOMEN OWNED AND MINORITY OWNED BUSINESSES SP-5 STOP WORK PROVISION SP-6 SMC REPRESENTATIVE ROLES AND AUTHORITY SP-7 LIQUIDATED DAMAGES 46

47 SP-1 COMPLIANCE WITH SECTION 508 Seller shall be in compliance with, SECTION 508 OF THE REHABILITATION ACT OF 1973 (as amended, 29 U.S.C. 794d) and 508 REGULATIONS (36 C.F.R et seq): That all electronic and information technology purchased used and being supplied must be accessible for use by persons with disabilities, which applies to the development, procurement, maintenance, or use of all electronic and information technologies. Electronic and information technology includes products that store, process, transmit, convert, duplicate, or receive electronic information. In addition it also includes copiers, computers, fax machines, information kiosks, software, operating systems, websites, and telecommunications products. SP-2 NOTIFICATION A. Any notice required to be given under the terms of this Contract shall be directed to the party at the address set forth below. All communications in connection with this Contract, sent through the U. S. Mail, must be addressed to the SMC's offices as follows: Santa Monica College Purchasing Department 1900 Pico Boulevard Santa Monica, CA SP-3 INSURANCE REQUIREMENTS (REQUIRES SMC RISK MANAGEMENT DEPARTMENT DETERMINATION) Contractor shall procure and maintain for the duration of this contract insurance against claims for injuries to persons, or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employee or subcontractors. (SEE ATTACHMENT IR-1) SP-4 SMALL, WOMEN OWNED AND MINORITY OWNED BUSINESSES If the Contractor utilizes the services of subcontractors, the Contractor is expected to afford maximum opportunities to Small, women and minority owned firms in all subcontractor and supply service areas. When requested by SMC, the Contractor shall submit documentation to satisfy SMC that good faith efforts were made to utilize these types of firms throughout the life of the Contract. SP-5 STOP WORK PROVISION STOP-WORK ORDER - The SMC Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the statement of work called for in this contract. Upon receipt of the Stop Work Order, the Contractor shall immediately comply and take all reasonable steps to minimize the incurrence of cost allocable to the statement of work. If a Stop-Work Order issued under this clause is canceled the Contractor shall resume work and SMC s Buyer shall make an equitable adjustment in the delivery and/or completion schedules, and the contract shall be modified, in writing. If a Stop-Work Order is not canceled the contract is terminated, the SMC Buyer shall negotiate with Contractor for reasonable costs resulting from the Stop-Work order. SMC shall not be liable to the Contractor for damages or loss of profits because of Stop-Work Order issued under this clause. 47

48 SP-6 SMC REPRESENTATIVES ROLES AND AUTHORITY The SMC Project Manager, Jocelyn Chong, or designated representative, shall have the authority and responsibility to perform the following tasks: 1. Provide interpretation of the scope and specifications for the Work to be performed; 2. Monitor performance of the Work to ensure compliance with the work schedule(s); 3. Inspect performance against the Statement of Work, and report compliance and /or deficiencies; 4. Obtain and review Work Progress Reports and other data as required 5. Recommend suspension of Work in accordance with other provisions of this Contract. Note: The SMC Project Manager will not and does not have the authority to commit SMC to any changes to the statement of work, period of performance, schedules and or terms and conditions when in the Contractors opinion increase the cost or price of the contract. The Director of Purchasing (or higher authority) with Board of Trustee consent will have the final approval in all matters relating to or affecting the Work on this contract and will expressly exercise, rights, and/or privilege that have been delegated. Nothing in this contract binds SMC for acts of its unauthorized employees that exceed the authority specified herein. SP-7 LIQUIDATED DAMAGES N/A If the Contractor fails to perform the services to Professional Industry Standards and or within the time specified in this contract, or any extension, the Contractor shall pay to SMC Liquidated Damages which shall be in addition to excess costs under the Termination clause. The Contractor shall not be charged with Liquidated Damages when the delay in delivery or performance arises out of causes beyond the control and without the fault or negligence of the Contract 48

49 ATTACHMENT IR-1 INSURANCE REQUIREMENT Contractor, at its own expense, will maintain the following insurance coverage, which will be Primary Insurance related to this contract, during the period of performance; State required Worker Compensation Insurance and Employer s Liability Insurance for its employees with limits of $2,000,000 per occurrence. The District will be endorsed as additional insured on the Comprehensive General Liability Policy covering bodily injuries and property damage with limits of $2,000,000 per occurrence and Comprehensive Automobile Liability Insurance covering bodily injuries and property damage with limits of $2,000,000 per accident. Contractual Liability: $2,000, per occurrence for lack of contract performance. Product Liability covering defects in materials and equipment supplies, with limits of $2,000,000 per occurrence. If checked omissions., Professional Liability: $1,000,000 per occurrence, covering errors and In addition, Contractor will provide, prior to performance, insurance certificates and DISTRICT will be notified within 30 days of a Notice of Cancellation or Reduction in coverage. CERTIFICATES OF INSURANCE MUST REFERENCE THE CONTRACT NUMBER AND BE RECEIVED BY THE DISTRICT PRIOR TO CONTRACT PERFORMANCE AND BEFORE ANY PAYMENTS ARE MADE TO THE CONTRACTOR. The District reserves the sole right to insist on strict compliance stated and/or reduce the requirements stated and/or waive the requirements in its entirety. If any of the required insurance is written on a claims-made coverage form, such insurance shall be maintained for a period of three years following termination of this agreement. 49

50 NON-COLLUSION AFFIDAVIT FORM (NCA-1) TO BE EXECUTED BY BIDDER S AND SUBMITTED WITH PROPOSAL SANS Replacement I hereby certify that the proposal submitted is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. proposal is genuine and not collusive or sham. The Bidder s has not directly induced or solicited any other Bidder s to put in false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder s or anyone else to put in a sham proposal, or that anyone shall refrain from proposing. The The Bidder s has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price, or of that of any other Bidder s, or secures any advantage against the public body awarding the contract of anyone interested in the proposed contract. All statements contained in the proposal are true. The Bidder s has not directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto. The Bidder s has not paid, and will not pay any fee to any corporation, partnership, company associated, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham RFP. I certify (or declare) under penalty of the laws of the State of California that the foregoing is true and correct. (Date) (Signature) (Title) (Company) (RFP Name and Number) 50

51 DRUG FREE WORKPLACE CERTIFICATION 51