SIP TRUNKING and LONG DISTANCE SERVICES REQUEST FOR PROPOSALS #549

FOR THE

OXNARD UNION HIGH SCHOOL DISTRICT

OUHSD ERate Bid #549 SIP Trunking/LD 2016-2017

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Table of Contents

RFP Advertisement........................................................................................................................................ 3  RFP Overview ............................................................................................................................................. 4‐9  Appendix A – Service Questionnaire ........................................................................................................... 10  Appendix B – Proposal Form .................................................................................................................. 11‐12  Appendix C –Execution of Proposal ....................................................................................................... 13‐14  Information for Proposers ..................................................................................................................... 15‐18  Bid Bond ................................................................................................................................................. 19‐20  Designation of Subcontractors .............................................................................................................. 21‐22  General Information .............................................................................................................................. 23‐25  References .................................................................................................................................................. 26  Worker’s Compensation ............................................................................................................................. 27  Non‐Collusion Affidavit ............................................................................................................................... 28  Fingerprint Form ......................................................................................................................................... 29 

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OXNARD UNION HIGH SCHOOL DISTRICT NOTICE TO BIDDERS NOTICE IS HEREBY given that the Board of Trustees of the Oxnard Union High School District at 309 South “K” Street, Oxnard California 93030 will receive sealed RFP responses marked RFP #549 for SIP TRUNKING and LONG DISTANCE SERVICES up to,

2:30 p.m. on 2/10/17

for furnishing all materials, labor, and equipment required for the above mentioned items. Each RFP shall be in accordance with specifications and other contract documents on file for examination in the office of the Director of Purchasing of the Oxnard Union High School District, 309 South “K” Street, Oxnard, CA. Companies considering submitting proposals may obtain copies of Specifications at the Oxnard Union High School District, 309 South K Street, Oxnard, CA in the office of the Director of Purchasing, or on the Oxnard Union High School District website listed below. The following dates reflect the tentative schedule for the project: Request for Information (RFI) deadline – 2/1/17; 4:00 p.m. Proposals Due – 2/10/17 @ 2:30 p.m. (Purchasing Department) Tentative Contract Approval by Board – 3/1/17 Installation Start - SUBJECT TO FUNDING, but not before July 1, 2017 Questions concerning this RFP will be answered as soon as practical and should be directed via email to Deanna Rantz, Director of Purchasing at [email protected] RFP Documents can be obtained at: http://www.ouhsd.k12.ca.us/business_services/purchasing/rfp.htm Each RFP response shall be prepared on the required forms obtained in the RFP documents and accompanied by cash, a cashier’s or certified check, U. S. Money Order, or bid bond for ten (10%) percent of the amount of the RFP made payable to the order of the District as guarantee that the company will enter into a contract satisfactory to the Board of Trustees of said District if awarded the said contract upon Notification of Award. The Board of Trustees reserves the right to accept or reject any or all RFP responses, or any part of any RFP response, and to waive any informality or irregularity and to sit and act as sole judge of the merit and qualifications of the materials or services offered. No company may withdraw his bid check or bond for a period of sixty, (60) days after date set for opening thereof. Advertisement Dates: 1/9/17 & 1/16/17

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RFP OVERVIEW The Oxnard Union High School District (OUHSD) is seeking proposals for SIP TRUNKING and LONG DISTANCE Services described in this RFP for the centralized Microsoft Skype for Business Enterprise VoiP System beginning the E-Rate funding year July 1, 2017. The term of the contract is for 5 years (July 1, 2017 - June 30, 2023).

E-RATE REQUIREMENTS Winning Offeror understands and agrees to the following E-Rate terms and conditions: A. Offeror will provide an annual onsite meeting with their E-Rate Specialist to complete B.

C.

D.

E.

F. G.

H. I. J.

K. L.

M. N. O. P.

the Item 21 Attachment and review any USAC changes. This is approved by USAC. Offeror must be a current participant and continue to participate in the E-Rate program, and to fully cooperate with OUHSD to ensure that OUHSD receives all of the E-Rate funding for which it applies and to which it is entitled in connection with the Offeror’s products. It is anticipated that some or all of the costs associated with this proposal shall be eligible for the E-Rate discount under the Federal Communications Commission (FCC) Universal Service Provision (FCC 97-157). Offeror must complete and return the FCC Form 472- Billed Entity Applicant Reimbursement (BEAR) Block 4: Service Provider Acknowledgment page as submitted by OUHSD if applicable. OUHSD may request the Offeror submit the FCC Form 474 Service Provider Invoice (SPI) to the Schools and Libraries Division of USAC. OUHSD will receive copies of the Offeror’s invoices for reconciliation purposes. Offeror shall submit the Service Certification form to the Schools and Libraries Division of USAC when applicable. Final authorization by OUHSD for the purchase of any or all goods or services, hereafter described in this document, is contingent upon the award of funding (a funding commitment decision letter) from the Schools and Libraries Division of USAC for the 2017 E-Rate Year. Notification of funding may not be received until after July 1, 2017. No goods or services approved for funding shall begin prior to July 1, 2017. OUHSD may, at its discretion, choose to cancel its offer for the purchase of any and all goods or services requested in this bid if E-Rate funding is not approved by USAC, there is a reduction in funding, there are changes in the physical structure of a school (i.e., renovations, demolitions), or for any reason. Offeror shall have an E-Rate Service Provider Identification Number (SPIN). Offeror must file the FCC Form 473 Service Provider Annual Certification (SPAC) Form each year to certify they will comply with program rules and shall have a current FCC Form 473 filed at the time of the bid submittal. Offeror shall have an FCC Registration Number. Offeror shall itemize the cost of E-Rate eligible and ineligible items. Offeror cannot charge E-Rate applicants a price above the Lowest Corresponding Price. See 47CFR Section 54.500(f). Offeror must have filed an FCC Form 499.

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CURRENT OUHSD ENVIRONMENT A. Phone service is currently distributed by a Microsoft Skype for Business Enterprise B. C. D. E.

Communication System. Currently the SIP trunk is connected to two Audiocode gateway which connects to Microsoft Skype for Business Mediation Servers. Approximately 2000 active DID’s phone numbers. Microsoft Skype for Business Enterprise Communication equipment is the standard for schools and other administrative sites. Approximately 2000 Polycom Microsoft Optimized Phone district-wide

OFFEROR’S SERVICE REQUIREMENTS: OUHSD reserves the right to adjust, add or terminate services during the course of this contract. A. Provide proof of Insurance. B. Provide Long Distance service and associated costs per minute. C. Provide centralized SIP trunking service pricing. a. SIP trunking services should be flexible to coincide with peaks and valleys in

D.

E.

F. G. H. I. J.

OUHSD call volumes and be quickly and easily adjustable as needs arise. b. Should offer the ability to connect to other ITSP’s. c. Will secure encrypted connections be required? d. Will the G.711 codec be used? e. SIP trunk must be able to support voice, data and video. f. SIP trunking must be able to support G.711 codec. g. SIP trunking must support pass-through FAX support or T.38 (preferred) h. SIP provider must support RFC 2833 (DTMF signaling) i. Voice quality requirements might call for the use of Multi-Protocol Label Switching (MPLS) or Virtual Private LAN Services (VPLS) network services, would this be available? j. SIP trunking must be compatible with Microsoft Skype for Business Communications system. Be registered through the COmmission REgistration System (CORES) with an FCC Registration Number (refer to https://fjallfoss.fcc.gov/coresWeb/publicHome.do). Be responsible for a turnkey installation, including all equipment, conduit, and installation costs, required to extend voice service to the demarc in the telecommunications room at all OUHSD locations. Coordinate any necessary conduit installations with the OUHSD Information Technology Department. Software and access to allow OUHSD the ability to update e911 information for its DID numbers. OUHSD shall bear no additional cost per DID port change even if the originating exchange number is being ported from a different exchange. Assign a dedicated account manager and account service team to service the OUHSD account. Provide local dedicated support as needed for onsite issues to be addressed within 4 hours.

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K. Provide Customer Service Associates in the Pacific Standard Time Zone. L. Provide 24 X 7 Management and Maintenance Service as exhibited by the

staffing of a 24 X 7 X 365 Business Repair Center and Redundant Network Reliability Center. M. List separately any charges, one-time or monthly recurring, which are not eligible for E-Rate discounts. N. Accept at no charge the canceling of services and/or scaling back of service provider services or options.

OUHSD RFP RESPONSE REQUIREMENTS OUHSD may, at its discretion, choose to accept a proposal. A. OUHSD may, at its discretion, choose to accept a proposal or reject a proposal. B. Service Providers that refer to a State Contract should respond to this RFP and attach the State Contract. C. In the event there are OUHSD budget restraints, the E-Rate program is cancelled, or any other reasons, OUHSD reserves the right to re-negotiate costs with the selected service provider(s). This may also include canceling services and/or scaling back on service. D. Final authorization by OUHSD for the purchase of any services, hereafter described in this document, may be contingent on the funding from the Schools and Libraries Division (SLD) of the Universal Service Administrative Company (USAC). E. Billable services approved for funding shall not begin until July 1, 2017.

AWARD CRITERIA While price is the major consideration, OUHSD will consider other criteria in evaluating these proposals. The point values associated with the award criteria are: Factor Price of the eligible services E-Rate history & experience Local service, support, & technical experience Compliance with RFP specifications and submittals Other costs (including but not limited to the cost to accommodate a change in service provider, additional costs not outlined in bid response) Total

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Weight 35% 10% 15% 15% 25%

100%

Score

Notes

PROPOSAL QUESTIONS A. Proposal questions may be submitted until 2/1/17 @ 4:00 p.m. by e-mailing Deanna

Rantz ([email protected]) OUHSD Director of Purchasing. Questions will not be accepted after this date and time. When appropriate, responses will be posted at http://www.ouhsd.k12.ca.us/divisions/administrative-services/purchasingwarehousing/rfp/ B. It is the Offeror’s responsibility to assure that all addenda, if issued, have been reviewed

and, if need be, are signed and returned.

CLARIFICATION of PROPOSALS A. Qualified proposals will be evaluated and acceptance made based on the best value

offered to the Oxnard Union High School District. B. Proposals will be evaluated according to completeness, content, and total cost. C. The Oxnard Union High School District may make such reasonable investigations as

D.

E.

F. G.

H.

I.

deemed proper and necessary to determine the ability of the Offeror to perform the work/service proposed, and the Offeror shall furnish to the Oxnard Union High School District all such information and data for this purpose as may be requested. The Oxnard Union High School District reserves the right to reject any proposal if the evidence submitted by, or investigations of, such Offeror fail to satisfy the Oxnard Union High School District that such Offeror is properly qualified to carry out the obligations of the contract and to complete the work/furnish the item(s) contemplated therein. The Oxnard Union High School District reserves the right to negotiate with any Offeror. The successful Offeror may be asked to participate in negotiations and make revisions to their proposal based on these negotiations. This proposal does not commit the Oxnard Union High School District to award a contract or pay costs incurred in the preparation of this proposal. At their option, the evaluators may request oral presentations or discussion with any or all Offeror’s for the purpose of clarification or to amplify the materials presented in any part of the proposal. However, Offeror’s are cautioned that the evaluators are not required to request clarification; therefore, all proposals should be complete and reflect the most favorable terms available from the Offeror. The Oxnard Union High School District reserves the right to accept any offer or to reject all offers due to non compliance with any requirement, scope and specification stated within this RFP. Individual invoices must be issued for each purchase order received.

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PROCUREMENT STATEMENT of NON-PREFERENCE It is the intent of The Oxnard Union High School District to procure a product in the size, quality, and parameters of the following specifications. Sometimes, for facilitation of bidding/quoting procedures only, a certain manufacturer, product, or vendor will be utilized to help streamline this process. However, The Oxnard Union High School District invites and encourages all other qualified bidders to submit equivalent proposals. The primary purpose is to ensure that no interested party is excluded or limited from the RFP process. All proposal responses are evaluated equally, based on, but not limited to the following criteria: • • • • • • • • • • • •

Prices offered The quality of the equipment offered The general reputation and performance capabilities of the bidders The substantial conformity with the specifications and other conditions set forth in the request for bids/quotes The suitability of the equipment for the intended use The personal or related services needed Transportation charges Location and availability of service and repair facilities and personnel References provided for proposed equipment Demonstration of proposed equipment, if required The dates of delivery and performance Such other factor(s) deemed pertinent to the purchase in question which, if controlling, shall be made a matter of record.

All proposals submitted should be as closely sized, equipped, etc. to the desired specifications. Any exceptions to the specifications will be evaluated based on the best interest of The Oxnard Union High School District.

FORM AND CONTENT OF RFP 1)

The RFP must be submitted in accordance with the instructions contained herein. Each question or statement in the RFP must be responded to with language such as “Company Name has read, understood and will provide as specified”. All required forms must be submitted with this RFP.

2)

Respondents are cautioned that RFP responses which do not follow the form required by this RFP will be subject to rejection without review. However, respondents may include any additional material they wish.

3)

The respondent must submit their responses to the RFP in a sealed package marked “RFP #549 – SIP TRUNKING and LONG DISTANCE SERVICES” to the Attention of Deanna Rantz, Director of Purchasing, no later than 2/10/17 @ 2:30 p.m.. The RFP response must include all required appendices and forms. Failure to submit these items with your RFP response will deem the RFP package unresponsive and may result in immediate rejection of the RFP response. Submit one (1) original and five (5) copies of your RFP response in binders. One (1) electronic version of your RFP response or CD of the submitted RFP must also be included in package. RFPs received after the due date and time will be rejected and returned to the vendor un-opened. The District is OUHSD ERate Bid #549 SIP Trunking/LD 2016-2017

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not responsible for late RFPs nor is it responsible for costs incurred by the vendor for materials, shipping or any other items related to preparing this RFP. 4)

Respondents must submit a Bid Bond as part of the RFP package. Each RFP shall be accompanied by a certified cashier’s check or bid bond issued by an admitted surety insurer in the amount of not less than ten percent (10%) of the total RFP amount stated in the RFP.

5)

Forms that are required to be submitted with this RFP are listed below. Failure to supply all required forms may result in rejection of vendor’s RFP response. The required forms are:

o o o o o o o o o o

Appendix A – Service Questionnaire Appendix B – Proposal Form Appendix C – Execution of Proposal Bid Bond Designation of Subcontractors General Information References Worker’s Compensation Non-Collusion Affidavit Fingerprint Requirement

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APPENDIX A SERVICE QUESTIONNAIRE RFP #549 SIP TRUNKING and LONG DISTANCE SERVICES THIS FORM MUST BE SUBMITTED WITH YOUR RFP Failure to submit this form with your RFP will deem the RFP unresponsive and may result in immediate rejection of the RFP.

Respond to each item below in the space provided. If necessary, enclose other information or documentation. 1.

Describe applicable Service Level Agreements that guarantee network availability. Also, define consideration and/or credits to be applied if guarantee terms and availability targets are not achieved.

2.

Describe system and network support services to include: management and maintenance services, operational hours, business repair facilities, and response times.

3.

Describe problem escalation procedures and management responsibility.

4.

Describe the account team (administrative and technical support) that would be assigned to service the OUHSD account.

5.

Provide references similar in size, scale, function, and character to the proposed network.

6.

Provide proof of ownership, or leasing provisions, for cabling facilities infrastructure, distribution facilities, switching equipment, and associated hardware.

7.

Describe your company’s local toll calling plan. Provide a document diagramming the coverage areas.

8.

Describe your company’s SIP trunking structure, costs and features.

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APPENDIX B PROPOSAL FORM RFP #549 SIP TRUNKING and LONG DISTANCE SERVICES THIS FORM MUST BE SUBMITTED WITH YOUR RFP Failure to submit this form with your RFP will deem the RFP unresponsive and may result in immediate rejection of the RFP.

TO: OXNARD UNION HIGH SCHOOL DISTRICT, acting by and through its Governing Board, herein called the "DISTRICT." It is understood that the DISTRICT reserves the right to reject this RFP and that this RFP shall remain open and not be withdrawn for the period of one hundred eighty (180) calendar days. 1. Provide the Long Distance charges and include all fees and taxes: Per minute rate including all # Service fees & taxes Long Distance, a (interlata & intralata) 2. Provide costs for the processing, installation, disconnection, and monthly rates of

the services listed below. Service Order Processing

#

Service

a

SIP trunking pricing structure, adjustment time frame, implementation plan & capacities

b

Porting

Installation

Disconnect

Lead Time to implement

All Inclusive Monthly Rate

3. Local Area Toll Plan (per minute charges): _____________ 4. Service repair costs: _____________ 5. List all equipment and associated costs OUHSD will be required to purchase to implement vendor’s proposal. EQUIPMENT TYPE

EQUIPMENT COST

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QUANTITY REQUIRED

TOTAL PRICE

6. E-Rate Ineligible Feature/Service and costs: FEATURE/SERVICE INELIGIBLE ITEMS

ITEM COST

TOTAL PRICE

The undersigned hereby declares that all of the representations of this RFP are made under penalty of perjury under the laws of the State of California. Individual Contractor

Name: ________________________________________ Signed by: ___________________________________ Date: ________________________________________ Business Address: ___________________________

************************************************************* Partnership Name ________________________________________ Signed by: _________________________, Partner Business Address: ____________________________ Date: ________________________________________ Other Partners: ______________________________ ************************************************************* Corporation Name: ________________________________________ (a _______________ Corporation1) Business Address: ___________________________ ______________________________________________ Signed by: __________, President, Dated: _____ Signed by: __________, Secretary, Dated: _____ [Seal and Attest] Business Address: __________________________ 1 A corporation receiving the award shall furnish evidence of its corporate existence and evidence that the officer signing the Agreement and Bonds is duly authorized to do so. OUHSD ERate Bid #549 SIP Trunking/LD 2016-2017 Page 12

APPENDIX C EXECUTION of PROPOSAL RFP #549 SIP TRUNKING and LONG DISTANCE SERVICES THIS FORM MUST BE SUBMITTED WITH YOUR RFP Failure to submit this form with your RFP will deem the RFP unresponsive and may result in immediate rejection of the RFP.

1. Agreement

By signing this proposal, the Offeror agrees to the following items. Initial each line item below for acceptance. #

Item

1

This proposal is signed by an authorized representative of the firm. Offeror has read and understands the Terms and Conditions set forth in this RFP and agrees to them with no exceptions. The Offeror understands the scope and requirements of this RFP and has included all labor costs, direct and indirect, in the proposed cost. The cost and availability of all equipment, materials, and supplies, if needed, associated with performing the services described herein have been determined and included in the proposed cost. Offeror is knowledgeable of the E-Rate program, understands the issues of a twotiered billing system, and has up-to-date E-Rate Service Provider Certifications. Offeror will list, price, and invoice separately any services that are not E-Rate eligible. Offeror will be responsible for all warranty issues related to goods and services provided during the factory warranty period if applicable.

2 3 4 5 6 7

Initial Below

2. Authorization

In compliance with this RFP, and subject to all terms and conditions herein, the undersigned offers and agrees, if this proposal is accepted within 90 days from the date of the opening, to furnish the goods or services as stated in this RFP. #

Item

1

Company Name

2

Address

3

City, State, Zip

4

Telephone Number

5

Fax Number

6

8

E-mail Address Federal Identification Number E-Rate SPIN Number

9

FCC Registration Number

7

BY

Provide Information

TITLE (Signature)

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DATE

COMPANY (Typed or printed name) ============================================================================= ACCEPTANCE OF PROPOSAL (Oxnard Union High School District) BY:

TITLE: THIS PAGE MUST BE SIGNED AND INCLUDED IN THE BID PROPOSAL. Unsigned proposals will not be considered.

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DATE:

INFORMATION for PROPOSERS Bid Security. Each RFP shall be accompanied by a certified or cashier's check or bid bond issued by an admitted surety insurer in the amount of not less than ten percent (10%) of the total RFP amount stated in the RFP. Said check or bond shall be made payable to the DISTRICT and shall be given as a guarantee that the bidder, if awarded the Work, will enter into an Agreement within five (5) working days after award of the Contract, and will furnish, on the prescribed forms, the necessary insurance certificates, performance bond, and labor and material bond in accordance with the Contract Documents. In case of refusal or failure to enter into the Agreement, the check or bid bond, as the case may be, shall be forfeited to the DISTRICT. If the bidder elects to furnish a bid bond as its Bid Security, the bidder shall use the bid bond form included herein. 1.

2. Signature. All bonds, all designations of subcontractors, the Contractor's Certificate, the Agreement, and all Guarantees must be signed in the name of the bidder and must bear the signature of the person or persons duly authorized to sign the RFP. If bidder is a corporation, the legal name of the corporation shall first be set forth, together with two signatures: one from among the chairman of the board, president or vice president and one from among the secretary, chief financial officer, or assistant treasurer. Alternatively, the signature of other authorized officers or agents may be affixed, if duly authorized by the corporation. Such documents shall include the title of such signatories below the signature and shall bear the corporate seal. If bidder is a joint venture or partnership, there shall be submitted with the RFP, certifications signed by authorized officers of each of the parties to the joint venture or partnership, naming the individual who shall sign all necessary documents for the joint venture or partnership and, should the joint venture or partnership be the successful bidder, the individual who shall act in all matters relative to the Contract resulting therefrom for the joint venture or partnership. If bidder is an individual, his/her signature shall be placed on such documents. 3. Modifications. Changes in or additions to the RFP documents, recapitulations of the work, alternative RFPs, or any other modification which is not specifically called for in the Contract Documents may result in the DISTRICT'S rejection of the RFP response as not being responsive to the RFP. No oral or telephonic modification of any RFP submitted will be considered. 4. Erasures, Inconsistent or Illegible RFPs. The RFP submitted must not contain any erasures, interlineations, or other corrections unless each such correction creates no inconsistency and is suitably authenticated by affixing in the margin immediately opposite the correction the signature or signatures of the person or persons signing the RFP. In the event of inconsistency between words and figures in the RFP price, words shall control figures. In the event the DISTRICT determines that any RFP is unintelligible, inconsistent or ambiguous, the DISTRICT may reject such RFP as not being responsive to the invitation. 1. Withdrawal of Proposals. Any RFP may be withdrawn, either personally, by written request, or by telegraphic request confirmed in the manner OUHSD ERate Bid #549 SIP Trunking/LD 2016-2017

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specified above for RFP modifications, at any time prior to the scheduled closing time for receipt of RFPs. All requests for RFP withdrawal must be accompanied with a power-of-attorney or other proof acceptable to the DISTRICT which authorizes the individual requesting the RFP withdrawal to so act on behalf of the bidder. The RFP security for RFPs withdrawn prior to the scheduled closing time for receipt of RFPs, in accordance with this paragraph shall be returned on demand therefore. 2. RFP Preparation: Costs for preparing responses and any other related material is the responsibility of the vendor, and shall not be chargeable in any manner to the District. The District will not be held liable for any cost incurred by vendors in responding to this RFP. 3. Qualifications: Any individual firm submitting a RFP must be able to provide evidence that the individual or firm and its personnel carrying out the responsibilities have expertise and experience in all areas identified in each section of this RFB. The vendor shall provide three (3) K-12 references consisting of similar work and scope. 4. References: Before awarding any contract, the District reserves the right to require the vendor to submit evidence of qualifications, as it may deem appropriate. This evidence may be concerning financial, technical and other qualifications as well as relevant experience and skills of the vendor. 10. Award of Contract. The DISTRICT reserves the right to reject any or all RFPs, or to waive any irregularities or informalities in any RFPs or in the bidding. The award of the Contract, if made by the DISTRICT, will be by action of the governing board. 11. Listing Subcontractors. Each bidder shall submit, on the form furnished, a list of the RFP subcontractors on this project. 12. Workers' Compensation. In accordance with the provisions of section 3700 of the Labor Code, the successful bidder as Contractor shall secure the payment of compensation to all employees. Contractor shall sign and file with DISTRICT the following certificate prior to performing the work under this Contract: "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." The form of such certificate is included as a part of the contract documents. 13. Contractor's License. If, at the time the RFPs are opened, Proposer is not licensed to perform the project in accordance with Division 3, Chapter 9 of the Business and Professions Code of the State of California and the Notice to Contractors Calling for RFPs, such RFP will not be considered.

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14. Anti-Discrimination. It is the policy of the DISTRICT that in connection with all work performed under contracts, there be no discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, religious creed, sex, age or marital status. The Contractor agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment Practice Act, beginning with Government Code Section 12900, and Labor Code Section 1735. In addition, the Contractor agrees to require like compliance by any subcontractors employed on the work by any such Contractor and if applicable, shall complete and submit with its RFP the Equal Employment Opportunity Status Report included as part of the RFP Form. 15. Hold Harmless. The Contractor shall indemnify and hold harmless the DISTRICT, its officers, agents, and employees from every claim or demand made, and every liability, loss, damage, or expense, of any nature whatsoever, which may be incurred by reason of: (a)

Liability for damages for (1) death or bodily injury to persons; (2) injury to, loss or theft of property; or (3) any other loss, damage or expense arising under either (1) or (2) above, sustained by the Contractor or any person, firm or corporation employed by the Contractor upon or in connection with the work called for in the Agreement, except for liability resulting from the sole negligence, or willful misconduct of the DISTRICT, its officers, employees, agents or independent contractors who are directly employed by the DISTRICT, and except for liability resulting from the active negligence of the DISTRICT.

(b)

Any injury to or death of persons or damage to property caused by any act, neglect, default or omission of the Contractor, or any person, firm, or corporation employed by the Contractor, either directly or by independent contract, including all damages due to loss or theft, sustained by any person, firm or corporation, including the DISTRICT, arising out of, or in any way connected with the work covered by the Agreement, whether said injury or damage occurs either on or off school district property, if the liability arose from the negligence or willful misconduct of anyone employed by the Contractor, either directly or by independent contract, and not by the active negligence of the DISTRICT.

(c)

The Contractor, at Contractor's own expense, cost and risk shall defend any and all actions, suits, or other proceedings that may be brought or instituted against the DISTRICT, its officers, agents or employees, or any such claim or liability, and shall pay or satisfy any judgment that may be rendered against the DISTRICT, its officers, agents or employees in any action, suit or other proceedings as a result thereof.

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16. Surety Qualifications. All surety companies which are admitted Surety insurers pursuant to California Code of Civil Procedure Section 995.120 and comply with the provisions of California Code of Civil Procedure Sections 995.630 and 995.660 shall be satisfactory to the DISTRICT. 17. Contract Duration and Liquidated Damages. It is agreed that damages for the failure of the Contractor to complete the total Work described herein within the time limits required are impossible to ascertain but that the sum of One Thousand Dollars ($1000.00) per day is a reasonable estimate. Should the Work not be completed within the specified time for completion, the Contractor shall be liable for liquidated damages, payable to the District, in an amount of One Thousand Dollars ($1000.00) for each calendar day of delay in completion. 18. Drug-Free Workplace Certification. Pursuant to Government Code Sections 8350 et seq., the successful bidder will be required to execute a Drug-Free Workplace Certificate upon execution of the Agreement. The Contractor will be required to take positive measures outlined in the certificate in order to insure the presence of a drug-free workplace. Failure to abide with the conditions set forth in the Drug-Free Workplace Act could result in penalties including termination of the Agreement or suspension of payment thereunder. 19. Fingerprinting Requirements. If any portion of the Work for the Project is to be performed at an operating school, the successful bidder and its subcontractors shall be required to comply with the applicable requirements of Education Code Sections 45125.1 and 45125.2 with respect to fingerprinting of employees who may have contact with the District's pupils. The successful bidder and its subcontractors will be required to complete the Fingerprinting Certification prior to commencing Work on the Project. 20. Asbestos and Other Hazardous Materials Certification. The successful bidder shall be required to execute and submit to the District an Asbestos and Other Hazardous Materials Certification prior to commencing Work on the Project. 21. Lead Based Paint Certification. Pursuant to the Lead-Safe Schools Protection Act (Education Code Section 32240 et seq.) and other applicable law, the successful bidder will be required to complete a Lead Based Paint Certification prior to commencing Work on the Project.

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BID BOND THIS FORM MUST BE SUBMITTED WITH YOUR RFP Failure to submit this form with your RFP will deem the RFP unresponsive and may result in immediate rejection of the RFP.

KNOWN ALL MEN BY THESE PRESENTS, that we as Principal, and as Surety, an admitted Surety insurer pursuant to Code of Civil Procedure Section 995.120 are held and firmly bound unto the Oxnard Union High School District, hereinafter called the DISTRICT, in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE RFP of the Principal submitted to the said DISTRICT for the work described below for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying RFP dated , 20__, for the

RFP #549 SIP TRUNKING and LONG DISTANCE SERVICES

NOW, THEREFORE, if the Principal shall not withdraw said RFP within the period specified therein after the opening of the same, or, if no period be specified, within one hundred eighty (180) calendar days after the said opening; and if the Principal is awarded the contract, and shall within the period specified therefore, or if no period be specified, within (5) days after the prescribed forms are presented to Principal for signature, enter into a written contract with the DISTRICT, in accordance with the RFP as accepted and give bond with good and sufficient surety or sureties, as may be required for the faithful performance and proper fulfillment of such contract and for the payment for labor and materials used for the performance of the contract, or in the event of the withdrawal of said RFP within the period specified or the failure to enter into such contract and give such bonds within the time specified, if the Principal shall pay the DISTRICT the difference between the amount specified in said RFP and the amount for which the DISTRICT may procure the required work and/or supplies, if the latter amount be in excess of the former, together with all costs incurred by the DISTRICT in again calling for RFPs, then the above obligation shall be void and of no effect, otherwise said obligation shall remain in full force and effect. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or the call for RFPs, 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 said contract or the call for RFPs, or to the work, or to the specifications. In the event suit is brought upon this bond by the DISTRICT and judgment is recovered, the Surety shall pay all costs incurred by the DISTRICT in such suit, including a reasonable attorney's fee to be fixed by the court. IN WITNESS WHEREOF the parties have executed this instrument under their several seals this day of _____________, 20__, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

(Corporate Seal of Principal, if Corporation)

______________________________________ Principal (Proper Name of respondent)

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______________________________________ By _________________________________________ Signature of Bidder (Corporate Seal of Surety) _________________________________________ Surety _____________________________________ By (Attach Attorney-in-Fact Certificate and Required Acknowledgements) ________________________________________ Attorney-in-Fact ________________________________________ Name and Address of California Agent of Surety _______________________________________ Telephone Number of California Agent of Surety

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DESIGNATION OF SUBCONTRACTORS RFP #549 SIP TRUNKING and LONG DISTANCE SERVICES THIS FORM MUST BE SUBMITTED WITH YOUR RFP Failure to submit this form with your RFP will deem the RFP unresponsive and may result in immediate rejection of the RFP.

In compliance with the Subletting and Subcontracting Fair Practices Act (Chapter 4, commencing at Section 4100, Division 2, Part 1 of the Public Contract Code of the State of California) and any amendments thereof, each bidder shall set forth below: (a) the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement to be performed under this contract or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of one percent of the prime contractor's total RFP; (b) the designation of those subcontractors who will be used by the prime contractor to fulfill disabled veteran business enterprise (DVBE) participation goals; and (c) the portion of the work which will be done by each subcontractor under this Act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in this bid. The successful prime contractor shall provide the District within ten (10) days from notification of award a complete list of all subcontractors named below, including license numbers, classifications and expiration dates. If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent of the prime contractor's total bid, the prime contractor shall be deemed to have agreed that it is fully qualified to perform that portion, and that said prime contractor alone shall perform that portion. No prime contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontractor to be voluntarily assigned or transferred or allow it to be performed by any one other than the original subcontractor listed in the original bid, or (c) sublet or subcontract any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which the original bid did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the authority awarding this contract setting forth the facts constituting the emergency or necessity.

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DESIGNATION OF SUBCONTRACTORS License # Subcontractor

Date:_________________

Portion of Work DVBE (%)

Designation as Place of Business

Location

______________________________________ Proper Name of Bidder By ___________________________________ ______________________________________ ______________________________________ (Signature of Bidder) Address: ______________________________ ______________________________________ Phone Number: _________________________

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GENERAL INFORMATION RFP #549 SIP TRUNKING and LONG DISTANCE SERVICES THIS FORM MUST BE SUBMITTED WITH YOUR BID Failure to submit this form with your bid will deem the bid unresponsive and may result in immediate rejection of the bid.

The Bidder shall furnish the following information. Failure to comply with this requirement will render the bid informal and may cause its rejection. Additional sheets may be attached if necessary. "You" or "your" as used herein refers to the bidder's firm and any of its officer, directors, shareholders, parties and principals. (1) Firm name and address: _____________________________________ _____________________________________ (2) Telephone: _____________________ (3) Type of firm: (Check one) Individual__ Partnership__ Corporation__ Joint Venture__ (4) Contractor's License: Primary class ___________ Lic. No. _______ Expiration Date ___________ Supplemental classifications held, if any, and license number(s) and expiration date(s): ________________________________________________________ No payment shall be made for work or material under the contract unless and until the Registrar of Contractor verifies to the DISTRICT that the CONTRACTOR was properly licensed at the time the contract was awarded and CONTRACTOR continues to be so licensed throughout the term of the Contract. Any CONTRACTOR not so licensed is subject to penalties under the law. The DISTRICT is required to verify license prior to awarding a bid. (5) Have you ever been licensed under a different name or different license number? _______ If Yes, give name and license number.___________________________________ ______________________________________________________

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(6) Names and titles of all officers of the firm: ____________________ _______________________ ____________________ _______________________ (7) Number of years as a contractor in construction work of this type: ____________________________ (8) Person who inspected site of the bid work for your firm: Name and Title: _______________________________ Date of Inspection:____________________________ (9) How many years’ experience in school construction work has your organization had? (a) as a general contractor?___________________ (b) as a subcontractor?________________________ (10) Has your firm or any of its principals defaulted so as to cause a loss to a surety? _____ If the answer is "Yes", give dates, name and address of surety and details. _________________________________________________ _________________________________________________ _________________________________________________ _________________________________________________ (11) Have you been assessed liquidated damages for any project in the past three years? _____ If Yes, explain: ______________________________ _________________________________________________ _________________________________________________ (12) Have you been in litigation on a question relating to your performance on a contract during the past three years? _______ If Yes, explain, and provide case name and number: _________________________________________________ _________________________________________________ (13) Have you ever failed to complete a project in the last three years? ______ If so, give owner and details: _________________________________________________ _________________________________________________ (14) List the names, addresses and telephone numbers of three Consultants or Engineers whose job you have worked on in the past three years. Name

Address

Telephone

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_______________________________________________( ) ____________ _______________________________________________( ) ____________ (15) Do you now or have you ever had any direct or indirect business, financial or other connection with any official, employee or consultant of the District or Consultant? ____ If so, please elaborate. ________________________________________________________ ________________________________________________________

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REFERENCES THIS FORM MUST BE SUBMITTED WITH YOUR BID Failure to submit this form with your bid will deem the bid unresponsive and may result in immediate rejection of the bid.

Include three (3) references, of similar scope and magnitude as required in this RFP for work that you’ve successfully completed within the last three (3) years. Additional sheets may be attached if necessary. BID #549 SIP TRUNKING and LONG DISTANCE SERVICES 1. Name of Agency:________________________________ Agency Address and Telephone:___________________________________________ _____________________________________________________________________ Contact Person:________________________________ Type and magnitude of Project:___________________________________________ _____________________________________________________________________ Contract Amount:_______________________________ 2. Name of Agency:________________________________ Agency Address and Telephone: __________________________________________ _____________________________________________________________________ Contact Person: _______________________________ Type and magnitude of Project:__________________________________________ _____________________________________________________________________ Contract Amount: ______________________________ 3. Name of Agency: _______________________________ Agency Address and Telephone: __________________________________________ _____________________________________________________________________ Contact Person:________________________________ Type and magnitude of Project:___________________________________________ _____________________________________________________________________ Contract Amount: ______________________________

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WORKER’S COMPENSATION THIS FORM MUST BE SUBMITTED WITH YOUR BID Failure to submit this form with your bid will deem the bid unresponsive and may result in immediate rejection of the bid.

CONTRACTOR'S CERTIFICATE REGARDING WORKERS' COMPENSATION Labor Code Section 3700 "Every employee except the state shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or as one employer in a group of employers, 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 or her employee. (c) For any county, city, city and county, municipal corporation, public district, public agency, or any political subdivision of the state, including each member of a pooling arrangement under a joint exercise of powers agreement (but not the state itself), by securing from the Director of Industrial Relations a certificate of consent to self-insure against workers' compensation claims, which certificate may be given upon furnishing proof satisfactory to the director of ability to administer workers' compensation claims properly, and to pay workers' compensation claims that may become due to its employees. On or before March 31, 1979, a political subdivision of the state which, on December 31, 1978, was uninsured for its liability to pay compensation, shall file a properly completed and executed application for a certificate of consent to self-insure against workers' compensation claims. The certificate shall be issued and be subject to the provisions of Section 3702." I am aware of the provisions of Section 3700 of the Labor Code which require every employee to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of the code, and I will comply with such provisions before commencing the performance of the work of this contract. ____________________________________ (Proper Name of Contractor) By__________________________________ ____________________________________ (Signature of CONTRACTOR) (In accordance with Article 5 (commencing at Section l860), Chapter 1, Part 7, Division 2 of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this contract.)

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NONCOLLUSION AFFIDAVIT THIS FORM MUST BE SUBMITTED WITH YOUR BID Failure to submit this form with your bid will deem the bid unresponsive and may result in immediate rejection of the bid.

(Public Contract Code Section 7106) State of California ) ) ss County of Los Angeles ) ______________________, being first duly sworn, deposes and says that he or she is ________________________________of _________________________ the party making the foregoing bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the 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, or to secure any advantage against the public body awarding the contract of anyone interested in the bid contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price of any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. _____________________________________ Subscribed and sworn to (or affirmed) before me this _____ day of _______________, 20__. [SEAL]

_____________________________________ {Signature of Officer} _____________________________________ {Typed Name of Officer} _____________________________________ {Office}

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FINGERPRINT REQUIREMENT CRIMINAL BACKGROUND INVESTIGATION THIS FORM MUST BE SUBMITTED WITH YOUR BID Failure to submit this form with your bid will deem the bid unresponsive and may result in immediate rejection of the bid.

CONTRACTOR CERTIFICATION Project/Contract No.:_____________________________________between the Oxnard Union High School District (“District”) and __________________________________. (“Contractor”) The undersigned does hereby certify to the governing board of the Oxnard Union High School District as follows: That I am a representative of the Contractor currently under contract (“Contract”) with the District; that I am familiar with the facts herein certified, and am authorized and qualified to execute this certificate on behalf of Contractor. Contractor certifies that it has taken the following action with respect to the construction project that is the subject of the Contract. That the Contractor has complied with the fingerprinting requirements of Education Code section 45125.1 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 45122.1. A complete and accurate list of Contractor’s employees and of all its subcontractors’ employees who may come in contact with District pupils during the course and scope of the Contract is attached hereto. Contractor’s responsibility for background clearance extends to all of its employees, Subcontractors, and employees of Subcontractors who may come into contact with District pupils regardless of whether they are designated as employees or acting as independent contractors of the Contractor. Proper Name of Contractor: ________________________________ Signature:

________________________________

Date:

________________________________

Title:

________________________________

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