Travis Unified School District

Transcription

1 Travis Unified School District REQUEST FOR PROPOSAL (RFP) FOR RELEASE DATE: MAY 18, 2015

2 1. Introduction Purpose About the District End-Point Locations Current Phone Systems in Use Network Infrastructure Acknowledgement Schedule RFP Coordinator Submission of Proposals General Conditions Company Information Solution Quote Requirements VOIP System Functionality Requirements Implementation Planning and Project Management Installation Training Timeframes Support / Managed Telecom Service Pricing Additional Documentation...12 Exhibit A: Instructions to Bidders...13 Travis Unified School District Page 2

3 1. Introduction 1.1 Purpose The Travis Unified School District, (hereinafter TUSD, or District, ) is soliciting proposals from qualified firms (hereinafter Vendor ) for a fixed price proposal for a complete district-wide phone replacement project including design, installation, training, and support and one five (5) year maintenance plan for purchased, leased or offered as a service, Voice Over Internet Protocol (VOIP) voice communication. 1.2 About the District TUSD is located adjacent to and serves Travis Air Force Base, portions of the cities of Vacaville, California and Fairfield, California and portions of unincorporated Solano County California. Approximately 5,350 students attend school in the District and are served by approximately 475 full-time employees. The District includes five elementary schools, two of which are located in Travis Air Force Base. Another is located in Fairfield right outside the base, and the other two are located in the south portion of Vacaville. In addition, we have a middle school, comprehensive high school, alternative high school, and a community day school all of which are located on the same block adjacent to the District Office. TUSD Board Goals 1. Continue to focus on instructional excellence to increase achievement for every student 2. Ensure a safe and productive environment 3. Continue to enhance constructive communication within and outside of the school community 4. Enhance, create, and modernize facilities that support lifelong educational programs 5. Continue fiscally responsible decisions while maintaining the collaborative budget process 1.3 End-Point Locations The District has the following end-point locations which IP phones will be located. Cambridge Elementary School 100 Cambridge Drive Vacaville, CA Scandia Elementary School 100 Broadway Street Travis AFB, CA Vanden High School 2951 Markeley Lane Fairfield, CA Center Elementary School 3101 Markeley Lane Fairfield, CA Travis Elementary School 100 Fairfield Avenue Travis AFB, CA Travis Education Center (TEC) 2775 De Ronde Drive Fairfield, CA Foxboro Elementary School 600 Morning Glory Drive Vacaville, CA Golden West Middle School 2651 De Ronde Drive Fairfield, CA Travis Community Day School 2785 De Ronde Drive Fairfield, CA Travis Unified School District Page 3

4 Travis Unified School District District Office 2751 De Ronde Drive Fairfield, CA Current Phone Systems in Use The District does not have a centralized district-wide phone system. Currently: Each elementary school has a separate analog phone system. Vanden High School has a separate Toshiba phone system. Golden West Middle School, District Office, Travis Education Center, and Community Day School all share an Avaya phone system. During the mandatory bidders meeting, vendors can review and/or ask questions regarding the existing phone systems. 1.5 Network Infrastructure All TUSD elementary school sites have 1 Gbs connectivity back to the District Office via Comcast fiber. Vanden High School, Golden West Middle School, and TEC/Community Day are connected back to the District Office via 10 Gbs fiber owned by the District. All IDF and MDF locations throughout all schools have recently been upgraded with HP 2920G POE+ switches to support this VOIP System project. The District does not currently have a VLAN or separate network for voice traffic and it is expected that the Vendor will include this, as applicable, pursuant to the VOIP System design deliverables which are within the scope of this project. 1.6 Acknowledgement Please acknowledge that you have received this document and intend to apply by ing formal letters of receipt to: Jon Cornelison Directory, Technology Services Travis Unified School District [email protected] Jackie Violette Purchasing Assistant Travis Unified School District [email protected] 1.7 Schedule The following schedule is a tentative schedule of events for this project. Vendors should submit an abbreviated project plan that incorporates your best estimate of a reasonable timeline for implementation of this project to ensure success of the project at a reasonable cost to the District. Event Date/Time Release of RFP May 18, 2015 Mandatory Bidders Meeting May 28, :00 AM Meeting to take place at: Travis Unified June 11, :00AM School District, District Office, 2751 De Ronde Drive, Fairfield, CA Travis Unified School District Page 4

5 Deadline for submittal of questions June 4, :00 PM June 18, :00 PM Proposals Due June 10, :00PM June 25, :00PM Vendor Selection (tentative) June 17, 2015 July 2, 2015 Contract Negotiations / Contract Execution June 18 25, 2015 July 8 10, 2015 Implementation Starts (negotiable/tentative) July 1, 2015 July 15, 2015 Cut-over (negotiable/tentative phased OK) July 31, 2015 August 31, 2015 District Staff Training (negotiable/tentative) TBD School Staff Training (negotiable/tentative) TBD Final Punch List and Acceptance (tentative) TBD 1.8 RFP Coordinator The District RFP coordinator is the sole point of contact for this procurement. All communications between a proposer and the District shall be with the RFP Coordinator set forth below: Jackie Violette, Purchasing Assistant Travis Unified School District 2751 De Ronde Drive Fairfield, CA Office: Fax: [email protected] 1.9 Submission of Proposals Responding vendors are required to submit via one electronic copy of their proposal in Adobe PDF file to the RFP Coordinator on or before June 10, 2015 at 3:00 PM PST. The subject of the shall be RFP : District VOIP System. Each response must conform and be responsive to this RFP and the requirements outlined within. TUSD reserves the right to reject any or all proposals and to waive any irregularities or informalities in vendor proposals or in the proposal process. Late proposals will not be accepted and will be automatically disqualified from further consideration. All proposals and any accompanying documentation become the property of the District and will not be returned General Conditions 1. E-RATE. The initial acquisition of the VOIP System and FY service is not conditional of Universal Service Fund (E-Rate) funding/approval. The District has established a budget for the initial acquisition and FY service. However, the Travis Unified School District Page 5

6 District will apply for E-Rate approval for ongoing service/cost for subsequent years (FY and beyond) as applicable. 2. MOST FAVORABLE TERMS. The District reserves the right to make a decision without further discussion of the proposal that is submitted. Therefore, the proposal should be submitted with the most favorable terms. The District may contact the proposer for clarification, but there may not be an opportunity for proposers to present "best and final" offers. Proposers must be prepared to enter into a contract based on their proposal and the terms and conditions in this RFP. 3. QUESTIONS. All questions and requests for clarification will only be accepted in writing via FAX or . Questions should be sent to the RFP Coordinator in accordance with schedule and question deadline listed in this RFP. Responses will be sent to all vendors that attend the bidder s conference in the form of a FAQ. 4. NON-DISCRIMINATION. The District does not discriminate on the basis of race, creed, color, national origin, age, sex, marital status, sexual orientation, physical, sensory or mental disabilities or use of a trained guide dog or service animal. Vendors may contact the RFP Coordinator to receive this Request for Proposals in an alternative format. 5. BACKGROUND CHECK. Vendor employees, and any subcontractors along with subcontractor employees will be required to pass a background check as a condition of contract award and work performance. 6. MILITARY BASE ACCESS. Two school sites are located on Travis Air Force Base so Vendor employees, and any subcontractors along with subcontractor employees will be required to pass the DOD screening process in order to obtain a base pass as a condition of work and contract award for this RFP. 7. VARIATIONS FROM SPECIFICATIONS. All variations from the specified products, equipment or services shall be fully explained and included with the bid. Manufacturer brands shall be used in all cases. TUSD reserves the right to increase or decrease quantities, or modify conditions and specifications, by mutual agreement with the selected vendor both at the time of the acceptance of the bid and subsequent thereto. 8. AWARD SELECTION CRITERIA. Consideration for awarding purchases or contracts shall include: Price, Understanding of Needs, and Adherence to Specifications, Prior Experience, Personnel Qualifications, Financial Stability, Product Quality, Quality Technical Support and Service, Past Performance to TUSD, Warranties, and familiarity with the project scope. 9. MANDATORY BIDDERS CONFERENCE. There will be a mandatory bidder s conference with site walk-through on May 28, :00 AM. The meeting place will be at the District Office, 2751 De Ronde Drive, Fairfield, CA The representative facilities to be toured with be: District Office, Center Elementary School, and Vanden High School. Please allow 3 hours for the conference. 2. Company Information Included in their response, vendors must describe the relevant aspects of their organization including but not limited to the information listed below: 1. Company Background. List the information required to provide the District with a detailed understanding of your firm including: a. Vision, objectives Travis Unified School District Page 6

7 b. Size, location c. Number of years in operation d. Number of customers e. Location of customers f. Length of customer relationships g. K12 customer references h. Other customer references i. Location of Network Operating Center j. Location of Redundant Network Operating Center(s) with failover capabilities k. Is your firm currently subject to any litigation? l. Has your firm ever had a contract terminated for default in the last five years? m. Are you rebranding services from another vendor? If so, who? n. Will all products and services be on one bill from a single vendor? 2. Offering. List the information required to provide the District with a detailed understanding of your organization s VOIP offering(s) including: a. Products offered (including VOIP equipment, phone instruments, VOIP cloud services, long distance plans, and other products relevant to this RFP. b. Services offered (included installation, consulting, planning, design, project management, and training services) c. Locations currently installed or providing service to d. Market segments operating within e. Market share captured f. Competitors 3. Experience. List the information required to provide the District with a detailed understanding of the experience of your organization including: a. Project team background information (resume or biography of key staff who will be assigned to this project during implementation) b. Level of knowledge of services offered c. Level of expertise in services offered 4. Approach. List the information required to provide the District with a detailed understanding of the approach to be taken by your firm towards deployment of the VOIP System and other deliverables including: a. The method for delivery of the VOIP system core equipment b. The method for delivery of the phone instruments c. The activities involved with training, documentation and support d. The activities involved with undertaking other project deliverables 3. Solution In this section, vendor should describe their proposed solution. This solution will involve the supply of one single VOIP system to replace the various phone systems in use throughout the District including onsite project management and coordination services, training, documentation, and support in response to the specific requirements set forth in this RFP provided below. Key Capabilities Required: PBX services hosted in NOC that meet E-Rate Priority One funding requirements (for future funding years) Travis Unified School District Page 7

8 Local and long distance calling plans based on review of district current use DID numbers 325 Basic Classroom IP Phones with Speaker 100 Mid-Level IP Office Phones with Duplex Speaker 9 IP Conference Phones 475 Virtual Extension with VM and UC E911 notification from the classroom Optional full time recording (priced separately) TUSD reserves the right to increase or decrease quantities during final contract negotiations. 3.1 Quote Requirements List the information required to provide the District with a detailed understanding of the solution proposed. Detailed information is required in this section for the District to gain a full appreciation of the solution being offered. You response must include: A narrative explanation (including any necessary graphic aids) of the proposed plan and process for delivering a functional and tested VOIP System that meets the project scope. A narrative explanation (including any necessary graphic aids) of the proposed plan and process for migrating from the various phone systems in use throughout the District to one single district-wide unified VOIP system with four digit extensions. A narrative explanation (including any necessary graphic aids) on your proposed process for documenting existing call flow requirements and implementing these requirements into the new VOIP System. A narrative explanation (including any necessary graphic aids) on how your solution is compatible with the District s Office 365 E4 plan regarding Microsoft Lync technology. A narrative explanation (including any necessary graphic aids) on how your solution is compatible with the District s Office 365 E4 plan regarding Microsoft Unified Communications integration. A narrative explanation (including any necessary graphic aids) on your process for decommission the old phone systems while not affecting school bell systems (i.e. school bell systems must function). A narrative explanation (including any necessary graphic aids) on your proposed process for training district staff on the use of the new phone features, Microsoft Lync features, unified communications, and emergency features. A narrative explanation (including any necessary graphic aids) on how your firm will conduct a detailed network audit and assessment to ensure QOS is obtained. Travis Unified School District Page 8

9 A narrative explanation (including any necessary graphic aids) on how your firm will also incorporate emergency analog lines at each school into this solution. 3.2 VOIP System Functionality Requirements In addition to the above, your proposal should specifically address each of the below District requirements in all of the following sections: IP Telephone Set Features Feature buttons: DND, redial, missed call display, conference, speed dial (personal & group), record, paging, call park, and emergency Lighted display to indicated voice mail messages BLF function keys Caller ID Hands free interrupt based Intercom features Speaker phone Call Handling, Forwarding, and Routing District-wide calling by extension Live answering during school hours and auto attendant for nights, weekend, and holidays ACD Advanced Call Distribution capabilities Multiple call queuing/waiting Option for queue position and wait times Find-me/Follow-me for all users Call twinning option for all users Built in music on hold or announcements on hold with support for WAV and MP3 audio files, configurable on a per school basis Microsoft Unified Messaging and Lync Capabilities Compatibility and integration with District provided Microsoft Lync licenses and service (District has Office 365 E4 plan) Voic are sent to Microsoft Exchange mailboxes respectively Integration with Microsoft Lync Client for call control and presence management. Dialing Integration with Microsoft Outlook Contacts Integration with Microsoft Active Directory to include such capabilities as disabling phone voic upon disabling Active Directory account Emergency & Notification e911 location notification features specific to each classroom The principal s phone should be notified of 911 call simultaneously Support for each school front office as well as select district offices to have a BAT phone with distinctive ring notified of 911 calls Support for optional call encryption Travis Unified School District Page 9

10 3.2.5 Call Recording Record phone calls activated via a button Option for system-wide full time call recording with a configured retention period Paging Capability for paging through phones via building and school wide Auxiliary paging port for external speaker(s) Call Accounting Software System wide call accounting package Call tracking capabilities (to help investigate incidents such as false bomb threat calls) Conference Calling Audio Conferencing Bridge built-in 4. Implementation Vendors must propose their implementation approach. This includes the methods of designing and deploying the VOIP System as well as the timeframes for delivery. District will provide certified Cat5 or Cat5e network drops for all endpoint phone locations. 4.1 Planning and Project Management List the information required to provide the project team with a detailed understanding of the approach to be taken by your company towards deployment of the VOIP System and other deliverables including: The method for delivery of the VOIP System Complete design of VOIP System Migration and phone number port plan Onsite coordination and installation of all end-point phone sets Coordination and scheduling of training Coordination of all PBX cutover Coordination of long distance plan cutover, if applicable. 4.2 Installation List the information required to provide the District with a detailed understanding of the installation services your company will provide including: Installation Services and Fees Trip Charges Travel, Time and Parking included Delivery/shipping included Optional de-installation & removal of present phone systems (District property is subject to surplus policies). Travis Unified School District Page 10

11 4.3 Training List the information required to provide the District with a detailed understanding of the training your company will provide including: Onsite training of new phone capabilities and usage by end users o Each school site shall receive onsite staff group workshops on phone/lync functionality o Additional onsite training shall be provided to the front office staff on phone call routing, emergency features, voice mail procedures o Travis Educational Center and Community Day School can be combined for the purpose of the training Onsite system administrator training Onsite trip charges for training (travel, airfare, lodging, parking, etc.) shall be included in price Training guides and cheat sheets to be customized for TUSD implementation Step-by-step on-line training videos on phone features and tasks Helpdesk support for end-user questions about use of phone system 4.4 Timeframes List the information required to provide the District with a detailed understanding of how your company will deliver the VOIP system in accordance with the requirements and schedule listed in this this RFP You may propose an alternate implementation timeline base on the request above to balance implementation versus cost and project success. If you propose an alternate timeline please provide an adequate explanation for your rationale for proposing your alternative. 5. Support / Managed Telecom Service List the information required to provide the District with a detailed understanding of the support offered by your company including: 24x7, 2 hour response for emergency service Guarantee of inventory for failed equipment Priority scheduling for moves, adds, and changed 24x7, 4 hour response for non-emergency service One year complete warranty on all equipment including priority repairing or replacement of defective equipment. Off-site backups of system programming, prompts, and voic Unlimited remote programming changes Annual call accounting analysis Full-time remote monitoring of VOIP telephone system Database restoration and system reprogramming with major failure 6. Pricing List the information required to provide the District with a detailed understanding of the pricing for the delivery of the VOIP System and service including: Phone service and equipment Price of all deliverables (including design, installation, project management, training, documentation and support) Travis Unified School District Page 11

12 Ongoing support and managed service costs District will consider cloud service offerings subject to the requirements set forth in this RFP Long distance and telephone service plans offered, if applicable Lease purchase option for a five year period Other requisite costs (e.g. ongoing support, third-party services) 7. Additional Documentation List any other information required to provide the District with the confidence that your firm can meet the requirements stated within this RFP. Examples of documentation may include: Product specifications or marketing brochures Web site addresses for product listings Profiles of staff providing services Case studies from other districts or similar size organizations. Travis Unified School District Page 12

13 Exhibit A: Instructions to Bidders Travis Unified School District Page 13

14 INSTRUCTIONS TO BIDDERS Contractors shall follow the instructions in this document, and shall submit all documents, forms, and information required for consideration of a Bid. 1. Bids are requested for a general contract, or work described in general, for the following project ( Project or Contract ): Request for Proposal District Wide VOIP Communication System 2. District will receive Bids from Bidders as stipulated in section Bidders must submit Bids on the Bid Proposal Form and all other required District forms. Bids not submitted on the District's required forms shall be deemed non-responsive and shall not be considered. Additional sheets required to fully respond to requested information are permissible. 4. Bidders must supply all information required by each Bid Document. Bids must be full and complete. District reserves the right in its sole discretion to reject any Bid as nonresponsive as a result of any error or omission in the Bid. Bidders must complete and submit all of the following documents with the Bid Form and Proposal: a. Bid Bond on the District's form or other security. b. Designated Subcontractors List. c. Site-Visit Certification. d. Noncollusion Declaration. 5. Bidders must submit with their Bids cash, a cashier's check or a certified check payable to District, or a bid bond by an admitted surety insurer of not less than ten percent (10%) of amount of base Bid, plus all additive alternates. If Bidder chooses to provide a Bid Bond as security, Bidder must use the required form of corporate surety provided by District. The Surety on Bidder s Bid Bond must be an insurer admitted in the State of California and authorized to issue surety bonds in the State of California. Bids submitted without necessary bid security will be deemed non-responsive and will not be considered. 7. If Bidder to whom Contract is awarded fails or neglects to enter into Contract and submit required bonds, insurance certificates, and all other required documents, within SEVEN (7) calendar days after the date of the Notice of Award, District may deposit Bid Bond, cash, cashier's check, or certified check for collection, and proceeds thereof may be retained by District as liquidated damages for failure of Bidder to enter into Contract, in the sole discretion of District. It is agreed that calculation of damages District may suffer as a result of Bidder's failure to enter into the Contract would be extremely difficult and impractical to determine and that the amount of the Bidder s required bid security shall be the agreed and conclusively presumed amount of damages. 8. Bidders must submit with the Bid the Designated Subcontractors List for those subcontractors who will perform any portion of Work, including labor, rendering of service, or specially fabricating and installing a portion of the Work or improvement according to Travis Unified School District Page 14

15 detailed drawings contained in the plans and specifications, in excess of one half of one percent (0.5%) of total Bid. a. An inadvertent error in listing the California contractor and or business license number on the Designated Subcontractors List shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the correct contractor s license number is submitted to the District within 24 hours after the bid opening and the corrected number corresponds with the submitted name and location for that subcontractor. 9. If a mandatory pre-bid conference and site visit ( Site Visit ) is requested as referenced in the Notice to Bidders, then Bidders must submit the Site-Visit Certification with their Bid. District will transmit to all prospective Bidders of record such Addenda as District in its discretion considers necessary in response to questions arising at the Site Visit. Oral statements shall not be relied upon and will not be binding or legally effective. Addenda issued by the District as a result of the Site Visit, if any, shall constitute the sole and exclusive record and statement of the results of the Site Visit. 10. Bidders shall submit the Noncollusion Declaration with their Bids. Bids submitted without the Noncollusion Declaration shall be deemed non-responsive and will not be considered. 11. Bids shall be clearly written without erasure or deletions. District reserves the right to reject any Bid containing erasures or deletions. 12. Bidders shall not modify the Bid Form and Proposal or qualify their Bids. 13. The Bidder and all Subcontractors under the Contractor shall pay all workers on all work performed pursuant to this Contract not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the Department of Industrial Relations, State of California, for the type of work performed and the locality in which the work is to be performed within the boundaries of the District, pursuant to sections 1770 et seq. of the California Labor Code. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are available upon request at the District s principal office. Prevailing wage rates are also available on the internet at Submission of Bid signifies careful examination of Contract Documents and complete understanding of the nature, extent, and location of Work to be performed. Bidders must complete the tasks listed below as a condition to bidding, and submission of a Bid shall constitute the Bidder's express representation to District that Bidder has fully completed the following: a. Bidder has visited the Site, if required, and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions and federal, state and local laws, and regulations that in any manner may affect cost, progress, performance, or furnishing of Work or that relate to any aspect of the means, methods, techniques, sequences, or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto; Travis Unified School District Page 15

16 b. Bidder has conducted or obtained and has understood all examinations, investigations, explorations, tests, reports, and studies that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance, or furnishing of Work, as Bidder considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time, and in accordance with the other terms and conditions of Contract Documents, including specifically the provisions of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by Bidder for such purposes; c. Bidder has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents; d. Bidder has given the District prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and the actual conditions, and the written resolution thereof by the District is acceptable to Bidder; e. Bidder has made a complete disclosure in writing to the District of all facts bearing upon any possible interest, direct or indirect, that Bidder believes any representative of the District or other officer or employee of the District presently has or will have in this Contract or in the performance thereof or in any portion of the profits thereof; e. Bidder must, prior to bidding, perform the work, investigations, research, and analysis required by this document and that Bidder represented in its Bid Form and Proposal and the Agreement that it performed prior to bidding. Contractor under this Contract is charged with all information and knowledge that a reasonable bidder would ascertain from having performed this required work, investigation, research, and analysis. Bid prices must include entire cost of all work incidental to completion of the Work. 15. All questions about the meaning or intent of the Contract Documents are to be directed in writing to the District. Interpretations or clarifications considered necessary by the District in response to such questions will be issued in writing by Addenda ed, faxed, mailed, or delivered to all parties recorded by the District as having received the Contract Documents. Questions received less than SEVEN (7) calendar days prior to the date for opening Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 16. Addenda may also be issued to modify other parts of the Contract Documents as deemed advisable by the District. 17. Each Bidder must acknowledge each Addendum in its Bid Form and Proposal by number or its Bid shall be considered non-responsive. Each Addendum shall be part of the Contract Documents. A complete listing of Addenda may be secured from the District. Travis Unified School District Page 16

17 18. Bids shall be based on products and systems specified in Contract Documents or listed by name in Addenda. Whenever in the Specifications any materials, process, or article is indicated or specified by grade, patent, or proprietary name, or by name of manufacturer, that Specification shall be deemed to be followed by the words or equal. Bidder may, unless otherwise stated, offer any material, process, or article that shall be substantially equal or better in every respect to that so indicated or specified. The District is not responsible and/or liable in any way for a Contractor s damages and/or claims related, in any way, to that Contractor s basing its bid on any requested substitution that the District has not approved. Contractors and materials suppliers who submit requests for substitutions prior to the award of the Contract must do so in writing and in compliance with Public Contract Code section All requests must comply with the following: a. District must receive any request for substitution a minimum of TEN (10) calendar days prior to bid opening. b. Within 35 days after the date of the Notice of Award, the Successful Bidder shall submit data substantiating a request for substitution containing sufficient information to assess acceptability of product or system and impact on Project, including, without limitation, the requirements specified in the Special Conditions and the Specifications. Insufficient information shall be grounds for rejection of substitution. c. Approved substitutions, if any, shall be listed in Addenda. District reserves the right not to act upon submittals of substitutions until after bid opening. d. Substitutions may be requested after Contract has been awarded only if indicated in and in accordance with requirements specified in the Special Conditions and the Specifications. 19. This Contract may include alternates. Alternates are defined as alternate products, materials, equipment, systems, methods, or major elements of the construction that may, at the District's option and under terms established in the Contract and pursuant to section of the Public Contract Code, be selected for the Work. 20. The District shall award the Contract, if it awards it at all, to the lowest responsive responsible bidder based on the criteria as indicated in the Notice to Bidders. In the event two or more responsible bidders submit identical bids, the District shall select the Bidder to whom to award the Contract by lot. 21. Time for Completion: District may issue a Notice to Proceed within THREE (3) months from the date of the Notice of Award. Once Contractor has received the Notice to Proceed, Contractor shall complete the Work within the period of time indicated in the Contract Documents. a. In the event that the District desires to postpone issuing the Notice to Proceed beyond this 3-month period, it is expressly understood that with reasonable notice to the Contractor, the District may postpone issuing the Notice to Proceed. Travis Unified School District Page 17

18 b. It is further expressly understood by Contractor that Contractor shall not be entitled to any claim of additional compensation as a result of the postponement of the issuance of the Notice to Proceed beyond a 3-month period. If the Contractor believes that a postponement of issuance of the Notice to Proceed will cause a hardship to the Contractor, the Contractor may terminate the Contract. Contractor s termination due to a postponement beyond this 3-month period shall be by written notice to District within TEN (10) calendar days after receipt by Contractor of District's notice of postponement. c. It is further understood by the Contractor that in the event that Contractor terminates the Contract as a result of postponement by the District, the District shall only be obligated to pay Contractor for the Work that Contractor had performed at the time of notification of postponement and which the District had in writing authorized Contractor to perform prior to issuing a Notice to Proceed. d. Should the Contractor terminate the Contract as a result of a notice of postponement, District shall have the authority to award the Contract to the next lowest responsive responsible bidder. 22. The Bidder to whom Contract is awarded shall execute and submit the following documents by 5:00 p.m. of the SEVENTH (7 th ) calendar day following the date of the Notice of Award. Failure to properly and timely submit these documents entitles District to reject the bid as non-responsive. a. Agreement: To be executed by successful Bidder. Submit two (2) copies, each bearing an original signature. b. Escrow of Bid Documentation: This must include all required documentation. See the document Escrow of Bid Documentation for more information. c. Performance Bond (100%): On the form provided in the Contract Documents and fully executed as indicated on the form. d. Payment Bond (100%) (Contractor's Labor and Material Bond): On the form provided in the Contract Documents and fully executed as indicated on the form. e. Insurance Certificates and Endorsements as required. f. Workers Compensation Certification. g. Prevailing Wage and Related Labor Requirements Certification. h. Criminal Background Investigation/Fingerprinting Certification. 23. Any bid protest by any Bidder regarding any other bid must be submitted in writing to the District, before 5:00 p.m. of the THIRD (3 rd ) business day following bid opening. a. Only a Bidder who has actually submitted a bid, and who could be awarded the Contract if the bid protest is upheld, is eligible to submit a bid protest. Travis Unified School District Page 18

19 Subcontractors are not eligible to submit bid protests. A Bidder may not rely on the bid protest submitted by another Bidder. b. A bid protest must contain a complete statement of any and all bases for the protest and all supporting documentation. Materials submitted after the bid protest deadline will not be considered. c. The protest must refer to the specific portions of all documents that form the basis for the protest. (1) Without limitation to other bases for protest, an inadvertent error in listing the California contractor license number on the Designated Subcontractors List shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the correct contractor s license number is submitted to the District within 24 hours after the bid opening and the corrected number corresponds with the submitted name and location for that subcontractor. (2) Without limitation to other bases for protest, an inadvertent error listing an unregistered subcontractor shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive provided that any of the following apply: (i) The subcontractor is registered prior to the bid opening. (ii) The subcontractor is registered and has paid the penalty registration fee within 24 hours after the bid opening. (iii) The subcontractor is replaced by another registered subcontractor pursuant to Public Contract Code section d. The protest must include the name, address and telephone number of the person representing the protesting party. e. The party filing the protest must concurrently transmit a copy of the protest and any attached documentation to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other bidders or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. f. The procedure and time limits set forth in this paragraph are mandatory and are each bidder s sole and exclusive remedy in the event of bid protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings. 24. District reserves the right to reject any or all bids, including without limitation the right to reject any or all nonconforming, non-responsive, unbalanced, or conditional bids, to rebid, and to reject the bid of any bidder if District believes that it would not be in the best Travis Unified School District Page 19

20 interest of the District to make an award to that bidder, whether because the bid is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by District. District also reserves the right to waive inconsequential deviations not involving price, time, or changes in the Work. For purposes of this paragraph, an unbalanced bid is one having nominal prices for some work items and/or enhanced prices for other work items. 25. Discrepancies between written words and figures, or words and numerals, will be resolved in favor of numerals or figures. 26. Prior to the award of Contract, District reserves the right to consider the responsibility of the Bidder. District may conduct investigations as District deems necessary to assist in the evaluation of any bid and to establish the responsibility, including, without limitation, qualifications and financial ability of Bidders, proposed subcontractors, suppliers, and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to District's satisfaction within the prescribed time. Travis Unified School District Page 20

21 Governing Board Travis Unified School District BID PROPOSAL FORM Dear Members of the Governing Board: The undersigned, doing business under the name of, having carefully examined the location of the proposed work, the local conditions of the place where the work is to be done, the Notice Inviting Bids, the General Conditions, the Instructions to Bidders, the Plans and Specifications, and all other Contract Documents for the proposed District Wide VOIP Voice Communication System ( Project ), and having accurately completed the Bidder's Questionnaire, proposes to perform all work and activities in accordance with the Contract Documents, including all of its component parts, and to furnish all required labor, materials, equipment, transportation and services required for the construction of the Project in strict conformity with the Contract Documents, including the Plans and Specifications, as follows: BASE BID: For the sum of Dollars ($ ) The undersigned has checked carefully all the above figures and understands that the District is not responsible for any errors or omissions on the part of the undersigned in making this bid. Enclosed find certified or cashier's check no. of the Bank for Dollars ($ ) or Bidder's Bond of the surety company in an amount of not less than ten percent (10%) of the entire bid. The undersigned further agrees, on the acceptance of this proposal, to execute the Contract and provide the required bonds and insurance and that in case of default in executing these documents within the time fixed by the Contract Documents, the proceeds of the check or bond accompanying this bid shall be forfeited and shall become the property of the District. Contractor agrees to commence the work within the time specified in the Notice to Proceed. It is understood that this bid is based upon completing the work within the number of calendar days specified in the Contract Documents. ADDENDA: Receipt of the following addenda is hereby acknowledged: Addendum # Dated: Addendum # Dated: Travis Unified School District Page 21

22 Respectfully submitted, Company: Address: By: Signature: Title: Date: Telephone: (Please Print or Type) Contractor's License No: Expiration Date Required Attachments: Subcontractor List Form Non-Collusion Affidavit Bid Bond (or Cashier's or Certified Check) Travis Unified School District Page 22

23 BID BOND (Note: If Bidder is providing a bid bond as its bid security, Bidder must use this form, NOT a surety company form.) KNOW ALL PERSONS BY THESE PRESENTS: That the undersigned, as as Principal ( Principal ), and as Surety ( Surety ), a corporation organized and existing under and by virtue of the laws of the State of California and authorized to do business as a surety in the State of California, are held and firmly bound unto the Travis Unified School District ( District ) of County, State of California as Obligee, in the sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we, and each of us, bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted a bid to the District for all Work specifically described in the accompanying bid; NOW, THEREFORE, if the Principal is awarded the Contract and, within the time and manner required under the Contract Documents, after the prescribed forms are presented to Principal for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files two bonds, one guaranteeing faithful performance and the other guaranteeing payment for labor and materials as required by law, and meets all other conditions to the contract between the Principal and the Obligee becoming effective, or if the Principal shall fully reimburse and save harmless the Obligee from any damage sustained by the Obligee through failure of the Principal to enter into the written contract and to file the required performance and labor and material bonds, and to meet all other conditions to the Contract between the Principal and the Obligee becoming effective, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect. The full payment of the sum stated above shall be due immediately if Principal fails to execute the Contract within seven (7) days of the date of the District's Notice of Award to Principal. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or the call for bids, or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation under this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or the call for bids, or to the work, or to the specifications. In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorneys' fee to be fixed by the Court. Travis Unified School District Page 23

24 If the District awards the bid, the security of unsuccessful bidder(s) shall be returned within sixty (60) days from the time the award is made. Unless otherwise required by law, no bidder may withdraw its bid for ninety (90) days after the date of the bid opening. IN WITNESS WHEREOF, this instrument has been duty executed by the Principal and Surety above named, on the day of, 20. (Affix Corporate Seal) Principal By (Affix Corporate Seal) Surety By Name of California Agent of Surety Address of California Agent of Surety Telephone Number of California Agent of Surety Bidder must attach Power of Attorney and Certificate of Authority for Surety and a Notarial Acknowledgment for all Surety's signatures. The California Department of Insurance must authorize the Surety to be an admitted Surety Insurer. Travis Unified School District Page 24

25 DESIGNATED SUBCONTRACTORS LIST (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID) PROJECT: District Wide VOIP Voice Communication System Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly set forth below the name, location and California contractor license number of each subcontractor who will perform work or labor or render service to the Bidder in or about the construction of the Work or who will specially fabricate and install a portion of the Work according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of one percent (0.5%) of Bidder s total Bid and the kind of Work that each will perform. Vendors or suppliers of materials only do not need to be listed. Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., if Bidder fails to list as to any portion of Work, or if Bidder lists more than one subcontractor to perform the same portion of Work, Bidder must perform that portion itself or be subjected to penalty under applicable law. In case more than one subcontractor is named for the same kind of Work, state the portion of the kind of Work that each subcontractor will perform. If alternate bids are called for and Bidder intends to use subcontractors different from or in addition to those subcontractors listed for work under the base Bid, Bidder must list subcontractors that will perform Work in an amount in excess of one half of one percent (0.5%) of Bidder s total Bid, including alternates. If further space is required for the list of proposed subcontractors, attach additional sheets showing the required information, as indicated below. Subcontractor Name: CA Cont. /Business Lic. #: Location: Portion of Work: Subcontractor Name: CA Cont. /Business Lic. #: Location: Portion of Work: Subcontractor Name: CA Cont. /Business Lic. #: Location: Portion of Work: Subcontractor Name: CA Cont. /Business Lic. #: Location: Travis Unified School District Page 25

26 Portion of Work: Subcontractor Name: CA Cont. /Business Lic. #: Location: Portion of Work: Subcontractor Name: CA Cont. /Business Lic. #: Location: Portion of Work: Subcontractor Name: CA Cont. /Business Lic. #: Location: Portion of Work: Subcontractor Name: CA Cont. /Business Lic. #: Location: Portion of Work: Subcontractor Name: CA Cont. /Business Lic. #: Location: Portion of Work: Date: Proper Name of Bidder: Signature: Print Name: Title: Travis Unified School District Page 26

27 SITE-VISIT CERTIFICATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PROJECT: District Wide VIOP Voice Communications System Check option that applies: I certify that I visited the Site of the proposed Work and became fully acquainted with the conditions relating to construction and labor. I fully understand the facilities, difficulties, and restrictions attending the execution of the Work under contract. I certify that (Bidder's representative) visited the Site of the proposed Work and became fully acquainted with the conditions relating to construction and labor. The Bidder's representative fully understood the facilities, difficulties, and restrictions attending the execution of the Work under contract. Bidder fully indemnifies the Travis Unified School District, its Architect, its Engineer, its Construction Manager, and all of their respective officers, agents, employees, and consultants from any damage, or omissions, related to conditions that could have been identified during my visit and/or the Bidder's representative s visit to the Site. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: Proper Name of Bidder: Signature: Print Name: Title: Travis Unified School District Page 27

28 NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Public Contract Code Section 7106 The undersigned declares: I am the of, the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], at [city], [state]. Date: Proper Name of Bidder: Signature: Print Name: Title: Travis Unified School District Page 28

29 AGREEMENT THIS AGREEMENT IS MADE AND ENTERED INTO THIS DAY OF, 20, by and between the Travis Unified School District ( District ) and ( Contractor ) ( Agreement ). WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other, as follows: 1. The Work: Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, and material necessary to perform and complete in a good and workmanlike manner, the work of the following project: PROJECT: District Wide VOIP Voice Communications System ( Project or Contract or Work ) It is understood and agreed that the Work shall be performed and completed as required in the Contract Documents including, without limitation, the Drawings and Specifications and submission of all documents required to secure funding or by the Division of the State Architect for close-out of the Project, under the direction and supervision of, and subject to the approval of, the District or its authorized representative. 2. The Contract Documents: The complete Contract consists of all Contract Documents as defined in the General Conditions and incorporated herein by this reference. Any and all obligations of the District and Contractor are fully set forth and described in the Contract Documents. All Contract Documents are intended to cooperate so that any Work called for in one and not mentioned in the other or vice versa is to be executed the same as if mentioned in all Contract Documents. 3. Interpretation of Contract Documents: Should any question arise concerning the intent or meaning of Contract Documents, including the Drawings or Specifications, the question shall be submitted to the District for interpretation. If a conflict exists in the Contract Documents, modifications, beginning with the most recent, shall control over this Agreement (if any), which shall control over the Special Conditions, which shall control over any Supplemental Conditions, which shall control over the General Conditions, which shall control over the remaining Division 0 documents, which shall control over Division 1 Documents which shall control over Division 2 through Division 18 documents, which shall control over figured dimensions, which shall control over large-scale drawings, which shall control over small-scale drawings. In no case shall a document calling for lower quality and/or quantity material or workmanship control. The decision of the District in the matter shall be final. 4. Time for Completion: It is hereby understood and agreed that the work under this contract shall be completed within seventy nine (79) consecutive calendar days ( Contract Time ) from the date specified in the District's Notice to Proceed. 5. Completion-Extension of Time: Should the Contractor fail to complete this Contract, and the Work provided herein, within the time fixed for completion, due allowance being Travis Unified School District Page 29

30 made for the contingencies provided for herein, the Contractor shall become liable to the District for all loss and damage that the District may suffer on account thereof. The Contractor shall coordinate its work with the Work of all other contractors. The District shall not be liable for delays resulting from Contractor's failure to coordinate its Work with other contractors in a manner that will allow timely completion of Contractor's Work. Contractor shall be liable for delays to other contractors caused by Contractor's failure to coordinate its Work with the work of other contractors. 6. Liquidated Damages: Time is of the essence for all work under this Agreement. It is hereby understood and agreed that it is and will be difficult and/or impossible to ascertain and determine the actual damage that the District will sustain in the event of and by reason of Contractor's delay; therefore, Contractor agrees that it shall pay to the District the sum of dollars ($1,000.00) per day as liquidated damages for each and every day's delay beyond the time herein prescribed in finishing the Work It is hereby understood and agreed that this amount is not a penalty. In the event that any portion of the liquidated damages is not paid to the District, the District may deduct that amount from any money due or that may become due the Contractor under this Agreement. The District's right to assess liquidated damages is as indicated herein and in the General Conditions. The time during which the Contract is delayed for cause as hereinafter specified may extend the time of completion for a reasonable time as the District may grant. This provision does not exclude the recovery of damages for delay by either party under other provisions in the Contract Documents. 7. Loss Or Damage: The District and its authorized representatives shall not in any way or manner be answerable or suffer loss, damage, expense, or liability for any loss or damage that may happen to the Work, or any part thereof, or in or about the same during its construction and before acceptance, and the Contractor shall assume all liabilities of every kind or nature arising from the Work, either by accident, negligence, theft, vandalism, or any cause whatever; and shall hold the District and its authorized representatives harmless from all liability of every kind and nature arising from accident, negligence, or any cause whatever. 8. Insurance and Bonds: Before commencing the Work, Contractor shall provide all required certificates of insurance, and payment and performance bonds as evidence thereof. 9. Prosecution of Work: If the Contractor should neglect to prosecute the Work properly or fail to perform any provisions of this contract, the District, may, pursuant to the General Conditions and without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. 10. Authority of Architect, Project Inspector, and DSA: Contractor hereby acknowledges that the Architect(s), the Project Inspector(s), and the Division of the State Architect have Travis Unified School District Page 30

31 authority to approve and/or stop Work if the Contractor s Work does not comply with the requirements of the Contract Documents, Title 24 of the California Code of Regulations, and all applicable laws. The Contractor shall be liable for any delay caused by its noncompliant Work. 11. Assignment of Contract: Neither the Contract, nor any part thereof, nor any moneys due or to become due thereunder, may be assigned by the Contractor without the written approval of the District, nor without the written consent of the Surety on the Contractor's Performance Bond (the Surety ), unless the Surety has waived in writing its right to notice of assignment. 12. Payment of Prevailing Wages: The Contractor and all Subcontractors shall pay all workers on all Work performed pursuant to this Contract not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the Department of Industrial Relations, State of California, for the type of work performed and the locality in which the work is to be performed within the boundaries of the District, pursuant to sections 1770 et seq. of the California Labor Code. 13. This Project is subject to labor compliance monitoring and enforcement by the Department of Industrial Relations pursuant to Labor Code section and Title 8 of the California Code of Regulations. Contractor specifically acknowledges and understands that it shall perform the Work of this Agreement while complying with all the applicable provisions of Division 2, Part 7, Chapter 1, of the Labor Code, including, without limitation, the requirement that the Contractor and all of its Subcontractors shall timely submit complete and accurate electronic certified payroll records as required by the Contract Documents, or the District may not issue payment. 14. Contract Price: In consideration of the foregoing covenants, promises, and agreements on the part of the Contractor, and the strict and literal fulfillment of each and every covenant, promise, and agreement, and as compensation agreed upon for the Work and construction, erection, and completion as aforesaid, the District covenants, promises, and agrees that it will well and truly pay and cause to be paid to the Contractor in full, and as the full Contract Price and compensation for construction, erection, and completion of the Work hereinabove agreed to be performed by the Contractor, the following price: ($ ), Dollars in lawful money of the United States, which sum is to be paid according to the schedule provided by the Contractor and accepted by the District and subject to additions and deductions as provided in the Contract. This amount supersedes any previously stated and/or agreed to amount(s). 15. Severability: If any term, covenant, condition, or provision in any of the Contract Documents is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions in the Contract Documents shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. Travis Unified School District Page 31

32 IN WITNESS WHEREOF, accepted and agreed on the date indicated above: CONTRACTOR DISTRICT TRAVIS UNIFIED SCHOOL DISTRICT By: By: Title: Title: NOTE: If the party executing this Contract is a corporation, a certified copy of the by-laws, or of the resolution of the Board of Directors, authorizing the officers of said corporation to execute the Contract and the bonds required thereby must be attached hereto. Travis Unified School District Page 32

33 ESCROW BID DOCUMENTATION 1. Requirement to Escrow Bid Documentation a. Contractor shall submit, within SEVEN (7) calendar days after the date of the Notice of Award, one copy of all documentary information received or generated by Contractor in preparation of bid prices for this Contract, as specified herein. This material is referred to herein as Escrow Bid Documentation. The Escrow Bid Documentation of the Contractor will be held in escrow for the duration of the Contract. b. Contractor agrees, as a condition of award of the Contract, that the Escrow Bid Documentation constitutes all written information used in the preparation of its bid, and that no other written bid preparation information shall be considered in resolving disputes or claims. Contractor also agrees that nothing in the Escrow Bid Documentation shall change or modify the terms or conditions of the Contract Documents. c. The Escrow Bid Documentation will not be opened by District except as indicated herein. The Escrow Bid Documentation will be used only for the resolution of change orders and claims disputes. d. Contractor's submission of the Escrow Bid Documentation, as with the bonds and insurance documents required, is considered an essential part of the Contract award. Should the Contractor fail to make the submission within the allowed time specified above, District may deem the Contractor to have failed to enter into the Contract, and the Contractor shall forfeit the amount of its bid security, accompanying the Contractor's bid, and District may award the Contract to the next lowest responsive responsible bidder. e. NO PAYMENTS WILL BE MADE, NOR WILL DISTRICT ACCEPT PROPOSED CHANGE ORDERS UNTIL THE ABOVE REQUIRED INFORMATION IS SUBMITTED AND APPROVED. f. The Escrow Bid Documentation shall be submitted in person by an authorized representative of the Contractor to the District. 2. Ownership of Escrow Bid Documentation a. The Escrow Bid Documentation is, and shall always remain, the property of Contractor, subject to review by District, as provided herein. b. Escrow Bid Documentation constitute trade secrets, not known outside Contractor's business, known only to a limited extent and only by a limited number of employees of Contractor, safeguarded while in Contractor's possession, extremely valuable to Contractor, and could be extremely valuable to Contractor's competitors by virtue of it reflecting Contractor's contemplated techniques of construction. Subject to the provisions herein, District agrees to safeguard the Travis Unified School District Page 33

34 Escrow Bid Documentation, and all information contained therein, against disclosure to the fullest extent permitted by law. 3. Format and Contents of Escrow Bid Documentation a. Contractor may submit Escrow Bid Documentation in its usual cost-estimating format; a standard format is not required. The Escrow Bid Documentation shall be submitted in the language (e.g., English) of the specification. b. Escrow Bid Documentation must clearly itemize the estimated costs of performing the work of each bid item contained in the bid schedule, separating bid items into sub-items as required to present a detailed cost estimate and allow a detailed cost review. The Escrow Bid Documentation shall include all subcontractor bids or quotes, supplier bids or quotes, quantity takeoffs, crews, equipment, calculations of rates of production and progress, copies of quotes from subcontractors and suppliers, and memoranda, narratives, add/deduct sheets, and all other information used by the Contractor to arrive at the prices contained in the bid proposal. Estimated costs should be broken down into Contractor's usual estimate categories such as direct labor, repair labor, equipment ownership and operation, expendable materials, permanent materials, and subcontract costs as appropriate. Plant and equipment and indirect costs should be detailed in the Contractor's usual format. The Contractor's allocation of indirect costs, contingencies, markup, and other items to each bid item shall be identified. c. All costs shall be identified. For bid items amounting to less than $10,000, estimated unit costs are acceptable without a detailed cost estimate, provided that labor, equipment, materials, and subcontracts, as applicable, are included and provided that indirect costs, contingencies, and markup, as applicable, are allocated. d. Bid Documentation provided by District should not be included in the Escrow Bid Documentation unless needed to comply with the following requirements. 4. Submittal of Escrow Bid Documentation a. The Escrow Bid Documentation shall be submitted by the Contractor in a sealed container within SEVEN (7) calendar days after the date of the Notice of Award. The container shall be clearly marked on the outside with the Contractor's name, date of submittal, project name and the words Escrow Bid Documentation Intended to be opened in the presence of Authorized Representatives of Both District and Contractor. b. By submitting Escrow Bid Documentation, Contractor represents that the material in the Escrow Bid Documentation constitutes all the documentary information used in preparation of the bid and that the Contractor has personally examined the contents of the Escrow Bid Documentation container and has found that the documents in the container are complete. Travis Unified School District Page 34

35 c. If Contractor's proposal is based upon subcontracting any part of the work, each subcontractor whose total subcontract price exceeds 5 percent of the total contract price proposed by Contractor, shall provide separate Escrow Documents to be included with those of Contractor. Those documents shall be opened and examined in the same manner and at the same time as the examination described above for Contractor. d. If Contractor wishes to subcontract any portion of the Work after award, District retains the right to require Contractor to submit Escrow Documents for the Subcontractor before the subcontract is approved. 5. Storage, Examination and Final Disposition of Escrow Bid Documentation a. The Escrow Bid Documentation will be placed in escrow, for the life of the Contract, in a mutually agreeable institution. The cost of storage will be paid by Contractor for the duration of the project until final Contract payment. The storage facilities shall be the appropriate size for all the Escrow Bid Documentation and located conveniently to both District's and Contractor's offices. b. The Escrow Bid Documentation shall be examined by both District and Contractor, at any time deemed necessary by either District or Contractor, to assist in the negotiation of price adjustments and change orders or the settlement of disputes and claims. In the case of legal proceedings, Escrow Bid Documentation shall be used subject to the terms of an appropriate protective order if requested by Contractor and ordered by a court of competent jurisdiction. Examination of the Escrow Bid Documentation is subject to the following conditions: (1) As trade secrets, the Escrow Bid Documentation is proprietary and confidential to the extent allowed by law. (2) District and Contractor shall each designate, in writing to the other party SEVEN (7) calendar days prior to any examination, the names of representatives who are authorized to examine the Escrow Bid Documentation. No other person shall have access to the Escrow Bid Documentation. (3) Access to the documents may take place only in the presence of duly designated representatives of the District and Contractor. If Contractor fails to designate a representative or appear for joint examination on SEVEN (7) calendar day notice, then the District representative may examine the Escrow Bid Documents alone upon an additional THREE (3) calendar day notice if a representative of the Contractor does not appear at the time set. (4) If a subcontractor has submitted sealed information to be included in the Escrow Bid Documents, access to those documents may take place only in the presence of a duly designated representative of the District, Contractor and that subcontractor. If that subcontractor fails to designate a representative or appear for joint examination on SEVEN (7) calendar day notice, then the District representative and/or the Contractor may Travis Unified School District Page 35

36 examine the Escrow Bid Documentation without that subcontractor present upon an additional THREE (3) calendar day notice if a representative of that subcontractor does not appear at the time set. c. The Escrow Bid Documentation will be returned to Contractor at such time as the Contract has been completed and final settlement has been achieved. Travis Unified School District Page 36

37 PERFORMANCE BOND (100% of Contract Price) (Note: Bidders must use this form, NOT a surety company form.) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the governing board ( Board ) of the Travis Unified School District, ( District ) and ( Principal ) have entered into a contract for the furnishing of all materials and labor, services and transportation, necessary, convenient, and proper to perform the following project: District Wide VOIP Voice Communications System ( Project or Contract ) which Contract dated, 20, and all of the Contract Documents attached to or forming a part of the Contract, are hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW, THEREFORE, the Principal and held and firmly bound unto the Board of the District in the penal sum of ( Surety ) are Dollars ($ ), lawful money of the United States, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents, to: - Perform all the work required to complete the Project; and - Pay to the District all damages the District incurs as a result of the Principal s failure to perform all the Work required to complete the Project. The condition of the obligation is such that, if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided, on his or its part to be kept and performed at the time and in the intent and meaning, including all contractual guarantees and warrantees of materials and workmanship, and shall indemnify and save harmless the District, its trustees, officers and agents, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and virtue. Surety expressly agrees that the District may reject any contractor or subcontractor proposed by Surety to fulfill its obligations in the event of default by the Principal. Surety shall not utilize Principal in completing the Work nor shall Surety accept a Bid from Principal for completion of the Work if the District declares the Principal to be in default and notifies Surety of the District s objection to Principal s further participation in the completion of the Work. Travis Unified School District Page 37

38 As a condition precedent to the satisfactory completion of the Contract, the above obligation shall hold good for a period equal to the warranty and/or guarantee period of the Contract, during which time Surety s obligation shall continue if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the District from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the District s rights or the Contractor or Surety s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section The 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 or the specifications accompanying the same shall in any way 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 WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of, 20. (Affix Corporate Seal) Principal By Surety By Name of California Agent of Surety Address of California Agent of Surety Telephone No. of California Agent of Surety Bidder must attach a Notarial Acknowledgment for all Surety's signatures and a Power of Attorney and Certificate of Authority for Surety. The California Department of Insurance must authorize the Surety to be an admitted surety insurer. Travis Unified School District Page 38

39 PAYMENT BOND Contractor's Labor & Material Bond (100% of Contract Price) (Note: Bidders must use this form, NOT a surety company form.) KNOW ALL PERSONS BY THESE PRESENTS: WHEREAS, the governing board ( Board ) of the Travis Unified School District, (or District ) and, ( Principal ) have entered into a contract for the furnishing of all materials and labor, services and transportation, necessary, convenient, and proper to perform the following project: District Wide VIOP Voice Communications System ( Project or Contract ) which Contract dated, 20, and all of the Contract Documents attached to or forming a part of the Contract, are hereby referred to and made a part hereof; and WHEREAS, pursuant to law and the Contract, the Principal is required, before entering upon the performance of the work, to file a good and sufficient bond with the body by which the Contract is awarded in an amount equal to one hundred percent (100%) of the Contract price, to secure the claims to which reference is made in sections 9000 through 9510 and 9550 through 9566 of the Civil Code, and division 2, part 7, of the Labor Code. NOW, THEREFORE, the Principal and ( Surety ) are held and firmly bound unto all laborers, material men, and other persons referred to in said statutes in the sum of Dollars ($ ), lawful money of the United States, being a sum not less than the total amount payable by the terms of Contract, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, or assigns, jointly and severally, by these presents. The condition of this obligation is that if the Principal or any of his or its subcontractors, of the heirs, executors, administrators, successors, or assigns of any, all, or either of them shall fail to pay for any labor, materials, provisions, provender, or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal or any of his or its subcontractors of any tier under Section of the Unemployment Insurance Code with respect to such work or labor, that the Surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay a reasonable attorney s fee to be awarded and fixed by the Court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Travis Unified School District Page 39

40 Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and affect. And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of Contract or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of, 20. (Affix Corporate Seal) Principal By Surety By Name of California Agent of Surety Address of California Agent of Surety Telephone No. of California Agent of Surety Bidder must attach a Notarial Acknowledgment for all Surety's signatures and a Power of Attorney and Certificate of Authority for Surety. The California Department of Insurance must authorize the Surety to be an admitted surety insurer. Travis Unified School District Page 40

41 INSURANCE AND BONDS Insurance Unless different provisions and/or limits are indicated in the Special Conditions, all insurance required of Contractor and/or its Subcontractor(s) shall be in the amounts and include the provisions set forth herein. Commercial General Liability and Automobile Liability Insurance Contractor shall procure and maintain, during the life of this Contract, Commercial General Liability Insurance and Automobile Liability Insurance that shall protect Contractor, District, State, Construction Manager(s), Project Inspector(s), and Architect(s) from all claims for bodily injury, property damage, personal injury, death, advertising injury, and medical payments arising from operations under this Contract. This coverage shall be provided in a form at least as broad as Insurance Services (ISO) Form CG Contractor shall ensure that Products Liability and Completed Operations coverage, Fire Damage Liability, and Any Auto including owned, non-owned, and hired, are included within the above policies and at the required limits, or Contractor shall procure and maintain these coverages separately. Contractor s deductible or self-insured retention for its Commercial General Liability Insurance policy shall not exceed $25,000 unless approved in writing by District. All such policies shall be written on an occurrence form. Excess Liability Insurance Contractor may procure and maintain, during the life of this Contract, an Excess Liability Insurance Policy to meet the policy limit requirements of the required policies if Contractor s underlying policy limits are less than required. There shall be no gap between the per occurrence amount of any underlying policy and the start of the coverage under the Excess Liability Insurance Policy. Any Excess Liability Insurance Policy shall be written on a following form and shall protect Contractor, District, State, Construction Manager(s), Project Manager(s), and Architect(s) in amounts and including the provisions as set forth in the Supplementary Conditions (if any) and/or Special Conditions, and that complies with all requirements for Commercial General Liability and Automobile Liability and Employers Liability Insurance. Subcontractor(s): Contractor shall require its Subcontractor(s), if any, to procure and maintain Commercial General Liability Insurance, Automobile Liability Insurance, and Excess Liability Insurance (if Subcontractor elects to satisfy, in part the insurance required herein by procuring and maintaining an Excess Liability Insurance Policy) with forms of coverage and limits equal to the amounts required of the Contractor. Workers Compensation and Employers Liability Insurance Travis Unified School District Page 41

42 In accordance with provisions of section 3700 of the California Labor Code, the Contractor and every Subcontractor shall be required to secure the payment of compensation to its employees. Contractor shall procure and maintain, during the life of this Contract, Workers Compensation Insurance and Employers Liability Insurance for all of its employees engaged in work under this Contract, on/or at the Site of the Project. This coverage shall cover, at a minimum, medical and surgical treatment, disability benefits, rehabilitation therapy, and survivors' death benefits. Contractor shall require its Subcontractor(s), if any, to procure and maintain Workers Compensation Insurance and Employers Liability Insurance for all employees of Subcontractor(s). Any class of employee or employees not covered by a Subcontractor s insurance shall be covered by Contractor s insurance. If any class of employee or employee engaged in Work under this Contract, on or at the Site of the Project, is not protected under the Workers Compensation Insurance, Contractor shall provide, or shall cause a Subcontractor to provide, adequate insurance coverage for the protection of any employee(s) not otherwise protected before any of those employee(s) commence work. Builder's Risk Insurance: Builder's Risk All Risk Insurance Contractor shall procure and maintain, during the life of this Contract, Builder s Risk (Course of Construction), or similar first party property coverage acceptable to the District, issued on a replacement cost value basis. The cost shall be consistent with the total replacement cost of all insurable Work of the Project included within the Contract Documents. Coverage is to insure against all risks of accidental physical loss and shall include without limitation the perils of vandalism and/or malicious mischief (both without any limitation regarding vacancy or occupancy), sprinkler leakage, civil authority, theft, sonic disturbance, earthquake, flood, collapse, wind, fire, war, terrorism, lightning, smoke, and rioting. Coverage shall include debris removal, demolition, increased costs due to enforcement of all applicable ordinances and/or laws in the repair and replacement of damaged and undamaged portions of the property, and reasonable costs for the Architect s and engineering services and expenses required as a result of any insured loss upon the Work and Project, including completed Work and Work in progress, to the full insurable value thereof. Pollution Liability Insurance Contractor shall procure and maintain Pollution Liability Insurance that shall protect Contractor, District, State, Construction Manager(s), Project Inspector(s), and Architect(s) from all claims for bodily injury, property damage, including natural resource damage, cleanup costs, removal, storage, disposal, and/or use of the pollutant arising from operations under this Contract, and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. Coverage shall apply to sudden and/or gradual pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, natural gas, waste materials, or other irritants, contaminants, or pollutants, including asbestos. This coverage shall be provided in a form at least as broad as Insurance Services (ISO) Form CG 2415, or Contractor shall procure and maintain these coverages separately. Travis Unified School District Page 42

43 Contractor shall warrant that any retroactive date applicable to coverage under the policy predates the effective date of the Contract and that continuous coverage will be maintained or an extended reporting or discovery period will be exercised for a period of three (3) years, beginning from the time that the Work under the Contract is completed. If Contractor is responsible for removing any pollutants from a site, then Contractor shall ensure that Any Auto, including owned, non-owned, and hired, are included within the above policies and at the required limits, to cover its automobile exposure from transporting the pollutants from the site to an approved disposal site. This coverage shall include the Motor Carrier Act Endorsement, MCS 90. Proof of Carriage of Insurance and Other Requirements: Endorsements and Certificates Contractor shall not commence Work nor shall it allow any Subcontractor to commence Work under this Contract, until Contractor and its Subcontractor(s) have procured all required insurance and Contractor has delivered in duplicate to the District complete endorsements (or entire insurance policies) and certificates indicating the required coverages have been obtained, and the District has approved these documents. Endorsements, certificates, and insurance policies shall include the following: A clause stating: This policy shall not be amended, canceled or modified and the coverage amounts shall not be reduced until notice has been mailed to District, Architect, and Construction Manager stating date of amendment, modification, cancellation or reduction. Date of amendment, modification, cancellation or reduction may not be less than thirty (30) days after date of mailing notice. Language stating in particular those insured, extent of insurance, location and operation to which insurance applies, expiration date, to whom cancellation and reduction notice will be sent, and length of notice period. All endorsements, certificates and insurance policies shall state that District, its trustees, employees and agents, the State of California, Construction Manager(s), Project Manager(s), Inspector(s) and Architect(s) are named additional insureds under all policies except Workers Compensation Insurance and Employers Liability Insurance. Insurance written on a claims made basis is to be renewed by the Contractor and all Subcontractors for a period of five (5) years following completion of the Work or termination of this Agreement. Such insurance must have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover the Contractor and all Subcontractors for all claims made. Travis Unified School District Page 43

44 Contractor s and Subcontractors insurance policy(s) shall be primary and noncontributory to any insurance or self-insurance maintained by District, its trustees, employees and/or agents, the State of California, Construction Manager(s), Project Manager(s), Inspector(s), and/or Architect(s). All endorsements shall waive any right to subrogation against any of the named additional insureds. Unless otherwise stated in the Special Conditions, all of Contractor s insurance shall be with insurance companies with an A.M. Best rating of no less than A: VII. The insurance requirements set forth herein shall in no way limit the Contractor s liability arising out of or relating to the performance of the Work or related activities. Failure of Contractor and/or its Subcontractor(s) to comply with the insurance requirements herein shall be deemed a material breach of the Agreement.. Insurance Policy Limits Unless different limits are indicated in the Special Conditions, the limits of insurance shall not be less than the following amounts: Commercial General Liability Automobile Liability Any Auto Product Liability and Completed Operations, Fire Damage Liability Split Limit Combined Single Limit $1,000,000 $2,000,000 per occurrence; $4,000,000 aggregate Workers Compensation Statutory limits pursuant to State law Employers Liability $1,000,000 Builder s Risk (Course of Construction) Pollution Liability Issued for the value and scope of Work indicated herein. $1,000,000 per claim; $2,000,000 aggregate Contract Security - Bonds Contractor shall furnish two surety bonds issued by a California admitted surety insurer as follows: Performance Bond: A bond in an amount at least equal to one hundred percent (100%) of Contract Price as security for faithful performance of this Contract. Travis Unified School District Page 44

45 Payment Bond: A bond in an amount at least equal to one hundred percent (100%) of the Contract Price as security for payment of persons performing labor and/or furnishing materials in connection with this Contract. Cost of bonds shall be included in the Bid and Contract Price. All bonds related to this Project shall be in the forms set forth in these Contract Documents and shall comply with all requirements of the Contract Documents, including, without limitation, the bond forms. Travis Unified School District Page 45

46 WORKERS' COMPENSATION CERTIFICATION PROJECT/CONTRACT NO.: between Travis Unified School District ( District ) and ( Contractor or Bidder ) ( Contract or Project ). Labor Code section 3700, in relevant part, provides: Every employer except the State shall secure the payment of compensation in one or more of the following ways: a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state; and/or b. By securing from the Director of Industrial Relations a certificate of consent to selfinsure, 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 require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract. Date: Proper Name of Contractor: Signature: Print Name: Title: (In accordance with Labor Code sections 1860 and 1861, the above certificate must be signed and filed with the awarding body prior to performing any Work under this Contract.) Travis Unified School District Page 46

47 PREVAILING WAGE AND RELATED LABOR REQUIREMENTS CERTIFICATION PROJECT/CONTRACT NO.: between Travis Unified School District ( District ) and ( Contractor or Bidder ) ( Contract or Project ). I hereby certify that I will conform to the State of California Public Works Contract requirements regarding prevailing wages, benefits, on-site audits with 48-hour notice, payroll records, and apprentice and trainee employment requirements, for all Work on the above Project including, without limitation, labor compliance monitoring and enforcement by the Department of Industrial Relations. Date: Proper Name of Contractor: Signature: Print Name: Title: Travis Unified School District Page 47

48 CRIMINAL BACKGROUND INVESTIGATION/ FINGERPRINTING CERTIFICATION PROJECT/CONTRACT NO.: School District ( District ) and ( Contractor or Bidder ) ( Contract or Project ). between the Travis Unified The undersigned does hereby certify to the governing board of the District as follows: That I am a representative of the Contractor currently under contract with the District; that I am familiar with the facts herein certified; and that I am authorized and qualified to execute this certificate on behalf of Contractor. Contractor certifies that it has taken at least one of the following actions with respect to the construction Project that is the subject of the Contract (check all that applies): The Contractor has complied with the fingerprinting requirements of Education Code section with respect to all Contractor s employees and all of its Subcontractors employees who may have contact with District pupils in the course of providing services pursuant to the Contract, and the California Department of Justice has determined that none of those employees has been convicted of a felony, as that term is defined in Education Code section A complete and accurate list of Contractor's employees and of all of its subcontractors' employees who may come in contact with District pupils during the course and scope of the Contract is attached hereto; and/or Pursuant to Education Code section , Contractor has installed or will install, prior to commencement of Work, a physical barrier at the Work Site, that will limit contact between Contractor's employees and District pupils at all times; and/or Pursuant to Education Code section , Contractor certifies that all employees will be under the continual supervision of, and monitored by, an employee of the Contractor who the California Department of Justice has ascertained has not been convicted of a violent or serious felony. The name and title of the employee who will be supervising Contractor's employees and its subcontractors' employees is Name: Title: The Work on the Contract is at an unoccupied school site and no employee and/or subcontractor or supplier of any tier of Contract shall come in contact with the District pupils. Contractor s responsibility for background clearance extends to all of its employees, Subcontractors, and employees of Subcontractors coming into contact with District pupils regardless of whether they are designated as employees or acting as independent contractors of the Contractor. Travis Unified School District Page 48

49 Date: Proper Name of Contractor: Signature: Print Name: Title: Travis Unified School District Page 49