1
REQUEST FOR
PROPOSALS
Bids must be submitted electronically to:
http://www.planetbids.com/portal/portal.cfm?CompanyID=13721#.
Santa Monica Community College
RFP Title: SMC Main Data Center REFRESH
RFP No. 06292015001cm
BIDS DUE: 2:00 P.M. PST JULY 20, 2015
.
2
Contents
NOTICE ... 3
BID (Proposal) SECURITY ... 3
CANCELLATION OF THIS RFP ... 3
ERRORS IN THE RFP ... 4
QUESTIONS REGARDING THE RFP ... 4
BACKGROUND AND OBJECTIVE INFORMATION ... 4
TIMELINE FOR THIS RFP ... 6
SUBMISSION GUIDELINES ... 6
DISPUTES AND PROTEST ... 7
AWARD OF CONTRACT ... 8
EXECUTION OF CONTRACT... 8
MANDATORY REQUIREMENTS- CISCO INTEGRATOR ... 9
PROFESSIONAL SERVICES ... 9
DEPLOYMENT TASKS ... 9
COORDINATION /IMPLEMENTATION ... 10
PROJECT KICK OFF MEETING ... 10
PROJECT MANAGEMENT REQUIREMENTS ... 10
ENGINEERING REQUIREMENTS ... 11
SANTA MONICA COLLEGE REQUIREMENTS ... 11
IMPLEMENTATION PHASE ... 12
INSTALLATION AND SYSTEM CONFIGURATION ... 13
TESTING AND GO LIVE ... 15
SMC Support ... 16
KNOWLEDGE TRANSFER ... 17
DELIVERABLES/PROJECT COMPLETION/PROJECT ESCALATION... 18
PROJECT COMPLETION ... 18
CHANGE MANAGEMENT PROCESS ... 18
ASSUMPTIONS ... 19
Notes/Clarifications ... 19
Technical Detailed Material Specifications (BOT) COST SHEET ... 27
3
TRADE IN EQUIPMENT ... 34
ATTACHMENT 1 BIDDER’S ACCEPTANCE OF TERMS AND CONDITI0NS ... 35
ARTICES ... 38
GENERAL TERMS AND CONDITIONS ... 40
SPECIAL PROVISIONS ... 46
ATTACHMENT IR-1 ... 49
NON-COLLUSION AFFIDAVIT FORM (NCA-1) ... 50
DRUG FREE WORKPLACE CERTIFICATION ... 51
NOTICE
Notice is hereby given that proposals will be received in the SMC Purchasing Office by 2:00 p.m. on for Main Data Center FRESH Project
The RFP will be available on June 30, 2014 and all proposals must be submitted by the specified date and time on Santa Monica College’s Bid Website at
http://www.planetbids.com/portal/portal.cfm?CompanyID=13721# Suppliers must be registered with SMC on this online bid portal in order to submit an RFP.
BID (Proposal) SECURITY
Each proposal shall be accompanied by Bid Security in the form a (a) cash, (b) certified or cashier’s check made payable to the District or (x) a Bid Bond, in the form and content attached hereto, in favor of the District executed by the Bidder as a principal and an Admitted Surety Insurer under Code of Civil Procedures §§995.120 and 995.311 as surety (the “Bid Security”) in an amount not less than 10% of the RFP proposal. Any RFP proposal submitted without the required Bid (Proposal) Security is non-responsive and will be rejected
CANCELLATION OF THIS RFP
SMC reserves the right to cancel this Request for Proposal for any reason without any liability and to waive any and all irregularities. Proposals s may be withdrawn by written notice only provided such notice is received at the office of SMC’s Purchasing Department prior to the date/time set as the closing time for receiving proposals. Proposals shall be open and valid for a period of 120 days following the submission closing date.
Any interpretation, addition, deletion, or any other corrections to the Bid document, will be issued as written addenda by SMC. It is the sole responsibility of the potential Bidders to periodically check the SMC bid website to ensure that all available information has been received.
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This Invitation for Bid does not commit SMC to awarding a Contract. Bidders shall bear all costs incurred in the preparation of the Bid and participating the evaluation process. SMC reserves the right to reject any and all bids, to accept the bid it considers most favorable to SMC in its sole discretion and to waive minor irregularities.
ERRORS IN THE RFP
If a bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP, the bidder should immediately provide SMC Purchasing Department with written notice of the problem and request that the RFP be clarified or modified. Without disclosing the source of the request, SMC may modify the document prior to the date fixed for submission of bids by issuing an addendum to all potential bidders to whom the RFP was sent.
If prior to the date fixed for submission, a bidder knows of or should have known of an error in the RFP but fails to notify SMC Purchasing of the error, the bidder shall bid at its own risk, and if, awarded the contract, shall not be entitled to additional compensation or time by reason of the error or its later correction.
QUESTIONS REGARDING THE RFP
Questions regarding the RFP must be posted on SMC’s online bidding portal by the date and time specified. Questions and answers regarding the RFP will be shared with all bidders known to be interested in submitting a bid.
BACKGROUND AND OBJECTIVE INFORMATION
Santa Monica Community College (SMC) through the Information Technology Department of
Santa Monica Community College District is seeking TO PROVIDE A NEW AND
INCREASED COMPUTE CAPABILITY IN THE NEW DATA CENTER, TO PROVIDE
NETWORK INFRASTRUCTURE FOR THE NEW DATA CENTER AND TO PREP THE
NEW Datacenter so SMC can move existing systems over the Spring Break Maintenance
Window.
The Statement of Work (SOW) identifies the services and activities to be performed by the Cisco
Integrator (and/or others as identified herein) relative to the Data Center solution for Santa
Monica College. The services, activities, and responsibilities described within the following
sections herein characterize the full set of deliverables required for this project.
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HIGH LEVEL VISIO
6
TIMELINE FOR THIS RFP
SMC has developed the following list of key events related to this RFP. All dates are subject to
change at the discretion of SMC.
EVENT
DATE
RFP Issued
JUNE 30, 2015
Follow-up questions Due
12:00 p.m., PST July 8, 2015
SMC written response to questions are due
July 13, 2015
RFP DUE
2:00 P.M., PST JULY 20, 2015
Notice of Intent to Award
July 22, 2015
BOARD OF TRUSTEE MEETING
AUGUST 4, 2015
Contract Signed
AUGUST 5, 2015
System Installed Target
SPRING BREAK 2016 (APRIL)
SUBMISSION GUIDELINES
It is the Bidder’s sole responsible for ensuring that the bid is received complete by SMC in
accordance with the RFP requirements, prior to the date and time specified in the RFP. SMC
shall not be responsible for delays or transmission errors. Late RFP’s will be rejected.
7
DISPUTES AND PROTEST
The District encourages potential Submitters to resolve issues regarding the requirements of
the procurement process through written correspondence and discussions during the period in
which clarifying addenda may be issued. The District wishes to foster cooperative relationships
and to reach a fair agreement in a timely manner.
Any Submitter submitting a bid proposal to the District may file a protest of the Districts Notice
of Intent to award the contract provided that each and all of the following are complied with:
1.
The
bid
protest
is
in
writing;
2.
The bid protest is filed and received by the District’s Vice President of Business and
Administration not more than five (5) calendar days following the date of the issuance
of
the
District’s
Notice
of
Intent
to
Award
the
contract,
and;
3.
The written bid protest sets forth in detail, all grounds for the bid protest, including
without limitation all the facts, supporting documentation, legal authorities and
agreement in support of the grounds for the bid protests; any matters not set forth in
the written protest shall be deemed waived. All factual contentions must be supported
by competent, admissible and creditable evidence.
Any bid protest not conforming to the foregoing shall be rejected by the District as invalid.
Provided that a bid protest is filed in strict conformity with the foregoing, the District’s Vice-
President, Business and Administration or such individual(s) as may be designated by him/her,
shall review and evaluate the basis of the bid protest. The District’s Vice-President, Business
and Administration or other individual designated by him/her shall provide the bidder
submitting the bid protest with a written statement concurring with or denying the bid protest.
The District's Board of Trustees will render a final determination and disposition of a bid protest
by taking action to adopt, modify or reject the disposition of a bid protest as reflected in the
written statement of the District’s Vice-President, Business and Administration or his/her
designee. Action by the District's Board of Trustees relative to a bid protest shall be final and
not subject to appeal or reconsideration by the District’s Vice President, Business and
Administration any other employee or officer of the District or the District's Board of Trustees.
The rendition of a written statement by the District’s Vice-President, Business and
Administration (or his/her designee) and action by the District's Board of Trustees to adopt,
modify or reject the disposition of the bid protest reflected in such written statement shall be
express conditions precedent to the institution of any legal or equitable proceedings relative to
the bidding process, the District's intent to award the Contract, the District's disposition of any
bid protest or the District's decision to reject all Bid Proposals. In the event that any such legal
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or equitable proceedings are instituted and the District is named as a party thereto, the
prevailing party(ies) shall recover from the other party(ies), as costs, all attorneys' fees and
costs incurred in connection with any such proceeding, including any appeal arising therefrom.
AWARD OF CONTRACT
Award, if any, will be to the firm whose proposal best complies with all of the requirements of
the RFP documents and any addenda. Subsequent to the award, all RFP’s become public
documents. Evaluation methodology and basis for award are described in Section IV-
Evaluation and Award Criteria.
The District may elect at any time to amend any contract awarded hereunder to require the
Submitter to provide additional advising, analysis, information, or assistance. In this case, work
performed by the Submitter will be on a negotiated basis. The selected Submitter and the
District will mutually agree on the scope of work associated with any such additional service.
EXECUTION OF CONTRACT
The Contract shall be signed by the Submitter and returned, along with the required
attachments to the District Purchasing Office within 10 working days. The period for execution
may be changed by mutual agreement of the parties. Contracts are not effective until
approved by the District’s Board of Trustees and by the appropriate District officials. Any work
performed prior to receipt of a fully executed contract shall be at Submitter’s own risk.
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MANDATORY REQUIREMENTS- CISCO INTEGRATOR
Integrator must meet the minimum Qualifications to be considered for this project
Cisco Certified Gold Partner
Cisco ATP Data Center
Advanced Data Center Architecture Specialization
Advance Routing and Switching
Advanced Security
Advanced Unified Fabric Technology Specialization
Master Cloud Builder Specialization
Master Security Specialization
Cloud Builder-Infrastructure, Management and Services
Virtualization: VMware
Customer Satisfaction Excellence
MCB Cloud Management- Cisco UCS Director
MCB Cloud Management- Intelligent Automation for Cloud
MCB Desktop Virtualization- VMware
MCB Hypervisor Virtualization-VMware
ATP- Cisco Application Centric Infrastructure
ATP- Data Virtualization Reseller
ATP- IP Interoperability and Collaboration Systems
ATP-UCS Invicta
CCIE in Data Center on staff
VCP on Staff
PROFESSIONAL SERVICES
DEPLOYMENT TASKS
Below is a breakdown of assigned tasks broken down by type:
Coordination/Implementation
Design
Installation and System Configuration
Testing and Go Live
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COORDINATION /IMPLEMENTATION
Project coordination services provide oversight of the organization, direction and control of all
project-related efforts required to complete the implementation as defined herein. The
Integrator’s Project Manager will manage the project and drive status meetings/conference calls.
During a project, the Project Manager will be responsible for:
Procurement, staging and delivery of purchased equipment
Scheduling, Integrator resources
Coordinating required SMC resources and associated tasks (if applicable)
Planning installation activities using the agreed upon timeline as a guide
Acting as a single point of contact for SMC inquires including changes, issue escalation,
and acceptance activities
PROJECT KICK OFF MEETING
Project implementation kickoff meeting should include a full review of the contract terms,
responsibilities, joint planning activities, and short-term deliverables for both the Cisco
Integrator and SMC. The following items will be reviewed during the kick off meeting:
Review Project Materials list
Review specific items described in this Scope of Work
Develop and verify the contact and escalation list
Review a communication plan that will outline the protocol to be followed with regards
to status reports, documentation of meetings, assignment and tracking of action items,
required SMC/system information deliverables, project invoices, freeze dates for
database or scope changes, and SMC logistical concerns.
Review change management plan
Review site test and acceptance processes
PROJECT MANAGEMENT REQUIREMENTS
Provide a single point of contact for all project management, delivery, and support
activities.
Participate in regularly weekly stakeholder and Implementation status meetings for the
duration of the project.
Provide weekly status reports, including progress, risk assessments, pending items, etc.
Coordinate and manage all implementation activities of the project delivery team include:
o
Planning and Preparation phase
o
New Component Staging and Deployment
o
Develop System Test Plan
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o
Transition to support.
Interface with Santa Monica College stakeholders and project personnel to communicate
implementation delivery status.
Collaboratively develop project milestones and timelines with Santa Monica College.
Develop and maintain implementation timeline and resource schedules.
ENGINEERING REQUIREMENTS
Work with SMC to document Network and Compute configuration requirements.
Collaborate with Santa Monica College personnel during the planning and preparation
phase.
Develop system test plan documentation
Collaborate with Santa Monica College personnel on a rollback and recovery plan.
Participate in regularly scheduled stakeholder and implementation status meetings.
Solution deployment, installation and configuration
SANTA MONICA COLLEGE REQUIREMENTS
SMC to provide Local Brocade switch so all FC connections will be over MMF
Fiber Patch cords required from SMC- all Patch cords OM3 or better.
QTY Connector Use Notes
8 LC to LC MMF UCS 6296 pair to Nexus 9396 pair Length TBD based on distance required. 2 LC to LC MMF UCS C460 to Nexus 9396 pair Length TBD based on distance required. 8 LC to LC MMF UCS 6296 pair to Local Brocade Length TBD based on distance required. * Assumed brocade is equipped with LC Optics.
8 LC to LC MMF UCS C460 pair to Local Brocade Length TBD based on distance required. * Assumed brocade is equipped with LC Optics.
2 or 4
LC to LC MM Local Brocade to Remote Brocade ISL links
Length TBD based on distance required. Quantity of links to be determined by SMC.
4 LC to LC SMF Nexus 9396 pair to Nexus 7000 pair
Length TBD based on distance required. LC- LC for straight connection.
**If cross Connects are in place, we will need 4 fiber patch cables from the Nexus 9396 to the local cross connect AND 4 fiber patch cables from the far cross connect to the Nexus 7000 pair. 4 CAT 6 Copper
Patch cables
2 for UCS 6296 L1 & L2 connections
2 for UCS Management links.
Length between 6296 pair Length from FI to 2248
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IMPLEMENTATION PHASE
The roles and responsibilities during implementation are outlined below:
Cisco Integrator Responsibilities Provide Project Manager to lead the project as outlined in the project kickoff meeting and act as a single point of contact between Integrator and SMC.
Maintain the project timeline and notify the proper authorities in case of project delays.
Coordinate the system data gathering activities Establish and participate in status update calls Process any change orders (as required)
Track equipment logistics and verify site and equipment readiness with the SMC prior to deploying team members.
Make sure that all SMC electrical and environmental requirements are met before deploying Integrator team members
Ensure Integrator employees and any subcontractors conform to SMC’s reasonable workplace policies, conditions, and safety regulations.
Santa Monica
College Responsibilities
Designate a single point of contact and a backup contact for all Integrator inquiries.
Provide information and documentation required by Cisco Integrator within two (2) business days of request.
Notify Cisco Integrator of any hardware and/or software upgrades or any other changes within the SMC’s network at least thirty (30) business days prior to the upgrade.
Notify Integrator of any installation scheduling change at least seventy-two (72) hours prior to the originally scheduled installation date. When requested by the Integrator, provide building layouts, including
the floor plans, location of cables, and power sources.
Supply the workplace policies, conditions, and environment in effect at the SMC site.
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DESIGN
The below table outlines the responsibilities of the Cisco Integrator and Santa Monica College to
ensure successful system configuration:
Cisco Integrator Responsibilities
Develop configuration documentation with input from the systems and network design team.
Develop the implementation-specific network diagram with input from the SMC and/or the design team.
Configure all products for maximum conformance to the desired access and security policy. This conformance must be based on Manufacturer best practices.
SMC Responsibilities
Provide a staging room with adequate table space, power, grounding, and network infrastructure as specified in the staging plan to allow Integrator to stage and configure the product.
This staging room should have a locked storage area. Storage fees may be incurred if SMC does not have capacity to store the materials. Provide shipping addresses for each site along with contact names for
shipment to the SMC-specified locations.
Provide input to the Integrator for the development of configuration documentation.
INSTALLATION AND SYSTEM CONFIGURATION
The below table outlines the responsibilities of the Cisco Integrator and Santa Monica College
during Installation and Configuration
Configuration responsibilities listed below are related to the following components:
(2) Cisco Nexus 9396 DC aggregation switches
The Cisco Integrator will configure as Layer 2 Extension off of Nexus 7000. (SMC will convert to L3 as a separate project phase)
The Cisco Integrator will configure with approximately 25 VLANs.
The Cisco Integrator will configure with uplinks as illustrated in cable diagrams below (2) Cisco Nexus 2248 Fabric Extenders.
The Cisco Integrator will configure with uplinks as illustrated in cable diagrams below (2) Cisco UCS 6296 Fabric Interconnects
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The Cisco Integrator will configure network and storage connectivity as documented in the discovery process.
The Cisco Integrator will apply additional Port licenses for fabric interconnects. The Cisco Integrator will configure Pools, Policies, Templates, and Profiles for UCS servers.
(4) Cisco UCS 5108 Blade Chassis
The Cisco Integrator will configure with uplinks as illustrated in cable diagrams below (16) Cisco UCS B200 M4 Blade servers
(1) Cisco UCS C460 Rack mount server
The Cisco Integrator will configure with uplinks as illustrated in cable diagrams below The Cisco Integrator will review utilization of UCS Manager Express to set up stand alone server
(5) Cisco UCS C220 Rack mount servers
To be installed and configured by SMC.
(4) Cisco RP208 PDU with 20 C13 and 4 C19, Single Phase PDUs with L6-30P plug.
SMC will provide, install, and properly brace (2) Chatsworth racks measuring 31.5 x 47.2 x 45U (Chatsworth PN: FF3U-111C-C52-B)
SMC will provide (2) 30 AMP single phase circuits per rack terminated to a L6-30 Connector in order to be compatible with the Cisco PDUs (PN: RP208-30-1P-U-2=)
15 Cisco Integrator Responsibilities
Confirm that SMC has completed the site readiness recommendations and that the network is ready for the installation of the solution. Receive, inventory, and record serial numbers for the product at the
on-site staging location.
Unpack and assemble devices
Rack, power, and patch devices in Schedule A.
Troubleshoot and replace hardware failures relating to the installation of the product.
Apply configurations documented in design phase to devices listed in Schedule A.
UCS Director licenses have been included in the Schedule A but will not be installed or configured within the scope of this project.
SMC Responsibilities
Prepare the site in accordance with the site readiness
recommendations. The Cisco Integrator shall not proceed with the product installation until such modifications and changes are made. Provide any security clearances, escorts, special safety equipment, and
access training as required to access the site.
Provide an engineer to be available during the network installation and implementation testing to make network changes required to make the network operational.
Provide IP addresses, subnet masks and existing DNS and DHCP server configurations information
Provide administrative accounts necessary to complete configuration. Provide all required Fiber patch cables.
Provide configuration required on existing network (Nexus 7k, Cisco 6500), server (HP), and SAN hardware (Brocade and HP)
Provide necessary Rack space and power.
TESTING AND GO LIVE
The below table outlines the responsibilities of the Cisco Integrator and Santa Monica College to ensure successful system deployment:
System will be considered Live when Test VM is Vmotioned to UCS environment and all Network reachability tests are verified by SMC.
At completion of System Go Live, Integrator resources will go into standby while SMC plans the move and configuration of existing hardware.
SMC will move existing HP servers and Storage arrays and connect to new infrastructure. SMC will move existing Brocade switches and test connectivity.
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SMC will update Nexus 9k configuration to move L3 interfaces from Nexus 7k to Nexus 9k The Cisco Integrator will provide design review and support as described in above.
The Cisco Integrator will provide cutover assistance as described above
Cisco Integrator Responsibilities
Provide on-site support during installation, migration, cutover, and implementation testing.
Verify operation of the installed Nexus switches and UCS B series Servers.
Demonstrate Installation of ESX Operating system on UCS B series Blade.
Verify Network reachability of test virtual Machine migrated to UCS B environment in new Data Center.
SMC Responsibilities
Configure all necessary Vmware components.
Designate test VM and perform Vmotion to UCS environment. Test network reachability of test VM.
SMC SUPPORT
SMC will own the DC service move and Network reconfiguration.
The Cisco Integrator must provide advisory support during the service cutover performed and managed by SMC. The Cisco Integrator Project Management will not be involved in this project plan. The Cisco Integrator engineers will be engaged as advisors, and available for cutover support as specified in the table below.
SMC will be responsible for ensuring data integrity during the move and system turn up and operation. The Cisco Integrator is providing advisory and troubleshooting assistance, but is not developing the move and network reconfiguration deployment plan, test plan, or acceptance plan.
17 Cisco Integrator Responsibilities
Provide up to 8 hours remote design review of SMC Plans for Server and Storage move.
Provide up to 8 hours of supplementary Go Live assistance during SMC Server and Storage move. Support will be focused on preserving UCS functionality.
Provide up to 8 hours to design and model Vmware virtual Distributed Switching (vDS) and implement base configuration.
SMC Responsibilities
Move, install, and configure all existing DC components.
Update Nexus 9k configuration to move L3 functionality from the N7k
KNOWLEDGE TRANSFER
Administrative Knowledge Transfer –The Cisco Integrator will provide one informal administrative knowledge transfer session for up to 8 hours to accommodate up to three attendees. This session will be conducted on the day after completion or conducted informally throughout the deployment.
Cisco Integrator Responsibilities
Coordinate a time and place with SMC for all knowledge transfer sessions
Review features capabilities and troubleshooting steps for Nexus 9396 Review features capabilities and troubleshooting steps for UCS B
series
Review steps to take to migrate Vmware Standard vSwitches to Vmware Distributed vSwitches (vDS)
SMC Responsibilities
Provide a list of all attendees
Schedule all rooms and facilities to be used for knowledge transfer sessions
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DELIVERABLES/PROJECT COMPLETION/PROJECT ESCALATION
The below table shows deliverables that will be provided by the Cisco Integrator.Deliverables
Cisco Integrator Deliverables Project plan
Data Collection Worksheet
“As built” information, such as IP address information, and final configurations.
PROJECT COMPLETION
Within five days of project completion, Santa Monica College with work with the Integrator to develop a list of any outstanding performance and/or deliverables issues to form a completion Punch List. Once all items identified on the Punch List have been provided and addressed, Santa Monica College will formally Accept the project.
CHANGE MANAGEMENT PROCESS
No Change Orders will be accepted by Santa Monica College unless one of the following conditions arises:
SMC Initiated changes to the project scope or services provided
SMC initiated Timeline or Project Plan changes
Unavailability of SMC resources
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ASSUMPTIONS
The following assumptions, together with those detailed elsewhere, were made to create this Statement of Work.
General Assumptions
SMC will provide 24/7 access to SMC facilities, including, where applicable, computer equipment, facilities, workspaces, and equipment.
SMC will provide a complete and documented network architecture plan that would provide physical and logical schematics (Visio format preferred) prior to service commencement.
Ensure that all site preparation (for example, but not limited to, power, space, HVAC, abatement, cables, and racks) will be in place and the site ready for equipment installation three (3) business days prior to the beginning of the scheduled onsite installation.
Ensure that there are the necessary power and cable requirements at each location. UPS, surge protection, or wall outlets are available and labeled for equipment.
All patch panels and cables are properly wired and labeled and meet CAT5 specifications. Any additional cabling required is performed by SMC’s cabling vendor.
Integrator shall be responsible for the registration of all Cisco SmartNet
SMC network architecture design shall not change between the date of SMC’s execution of this SoW and the completion of all services contemplated hereunder.
All fees associated with delivery of the hardware shall be borne by the Integrator at no additional charge to Santa Monica College.
Unless otherwise agreed to by the parties, a response will take place within two (2) business days of The Cisco Integrator’ request for documentation or information needed for the project.
SMC has delivered to The Cisco Integrator all of the required paperwork for processing.
The Cisco Integrator requires no more than three weeks to schedule resources for the project start from the time all completed contracts are received and processed.
All backup solutions are to be provided by SMC. The Cisco Integrator has not provided these solutions as part of this SoW and does not hold any responsibility for these elements of the end-state solution. All SoW activities, with the exception of cutover, will be conducted during normal business hours,
Monday through Friday, 8 am to 5 pm.
Notes/Clarifications
UCS Director licensing has been included as a bundled component of the UCS hardware. SMC and the Cisco Integrator will not be installing or configuring UCS Director within the Scope of this project.
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22
ASSUMPTIONS
Nexus 9396 within 5M of each other.
Nexus 9396 within 5M of Nexus 2248
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SUGGESTED RACK ELEVATION
27
TECHNICAL DETAILED BILL OF MATERIAL COST SHEET
PLEASE ANNOTATE TAXABLE ITEMSPART#
QTY
DESCRIPTION
UNIT
PRICE
EXTENDED
PRICE
DS-SFP-FC8G-SW=
8
8 Gbps Fibre Channel SW SFP+, LC,
Spare
GLC-SX-MMD=
4
1000BASE-SX SFP transceiver module,
MMF, 850nm, DOM
GLC-T=
4
1000BASE-T SFP
N2K-C2248TP-E
2
N2K-C2248TP-E-1GE
(48x100/1000-T+4x10GE), airflow/PS option
CON-SNTP-C2248TPE
2
SMARTNET 24X7X4 Null SKU-No line
item services included
CAB-C13-C14-2M
4
Power Cord Jumper, C13-C14
Connectors, 2 Meter Length
N2248TP-E-FA-BUN
2
Standard Airflow
pack:N2K-C2248TP-E-1GE, 2 AC PS, 1Fan
CON-SNTP-2248EFA
2
SMARTNET 24X7X4 Standard Airflow
pack:N2K-C2248TP-E-1GE
N9K-
C9396PX-FA-L3
2
Nexus 9396PX, hot air exhaust,
Enhanced L3
CON-SNTP-9396PFL
2
SMARTNET 24X7X4 Nexus 9396PX, hot
ai
N9K-C9300-ACK
2
Nexus 9300 Accessory Kit
N9K-C9300-FAN2
6
Nexus 9300 Fan 2, Port-side Intake
CAB-C13-CBN
4
Cabinet Jumper Power Cord, 250 VAC
10A, C14-C13 Connectors
N9K-PAC-650W
4
Nexus 9300 650W AC PS, Port-side
Intake
N9K-C9300-RMK
2
Nexus 9300 Rack Mount Kit
N9KDK9-612I3.3A
2
Nexus 9500 or 9300 Base NX-OS
Software Rel 6.1(2)I3(3A)
28
9300, 12p 40G QSFP
N1K-VLCPU-96-ESSTL
2
Nexus 1000V Essential Edition Paper
Delivery License Qty 96
N93-LIC-PAK
2
N9300 License PAK Expansion
CON-SAU-N93LPAK
2
SW APP SUPP + UPGR N9300 License
PAK Ex
N93-LAN1K9
2
LAN Enterprise License for Nexus 9300
Platform
N9K-DCNM-PAK
2
N9000 DCNM License PAK Expansion
CON-SAU-N9DCNMPK
2
SW APP SUPP + UPGR N9000 DCNM
License PAK Expansion
DCNM-LAN-N93-K9
2
DCNM for LAN Advanced Edt. for Nexus
9300 switches
CON-SAU-N93LANK9
2
SW APP SUPP + UPGR DCNM for LAN
Advance
QSFP-H40G-CU5M=
2
40GBASE-CR4 Passive Copper Cable,
5m
RP208-30-1P-U-2=
4
Cisco RP208-30-U-2 Single Phase PDU
20x C13, 4x C19
CON-SNTP-RPDUX
4
SMARTNET 24X7X4 Cisco
RP208-30-U-X Single Phase PDU 2x
SFP-10G-LR=
8
10GBASE-LR SFP Module
SFP-10G-SR=
12
10GBASE-SR SFP Module
SFP-H10GB-CU5M=
48
10GBASE-CU SFP+ Cable 5 Meter
UCS-FI-6296UP-UPG
2
UCS 6296UP 2RU Fabric Int/No PSU/48
UP/ 18p LIC
CON-SNTP-FI6296UP
2
SMARTNET 24X7X4 UCS 6296UP 2RU
Fabrc Int/2 PSU/4 Fans
SFP-10G-SR
16
10GBASE-SR SFP Module
SFP-H10GB-CU3M
16
10GBASE-CU SFP+ Cable 3 Meter
DS-SFP-FC8G-SW
16
8 Gbps Fibre Channel SW SFP+, LC
UCS-ACC-6296UP
2
UCS 6296UP Chassis Accessory Kit
UCS-PSU-6296UP-AC
4
UCS 6296UP Power
Supply/100-240VAC
29
UCS-BLKE-6200
6
UCS 6200 Series Expansion Module
Blank
UCS-FAN-6296UP
8
UCS 6296UP Fan Module
CAB-C13-CBN
4
Cabinet Jumper Power Cord, 250 VAC
10A, C14-C13 Connectors
UCS-LIC-10GE-16B
2
16xUCS 6200 Series Fabric Int 1port
1/10GE/FC-port E-license
UCS-LIC-10GE-B
32
UCS 6200 Series Fabric Int 1port
1/10GE/FC-port E-license
UCSB-5108-AC2-UPG
4
UCS 5108 Blade Server AC2 Chassis/0
PSU/8 fans/0 FEX
CON-SNTP-6508AC2U
4
UCS 5108 AC Chassis, updated
backplane,SMARTNET 24X7X4
N20-FW012
4
UCS Blade Server Chassis FW Package
2.2
N20-CBLKB1
16
Blade slot blanking panel for UCS
5108/single slot
N20-CAK
4
Accessory kit for UCS 5108 Blade Server
Chassis
UCSB-5108-PKG-HW
4
UCS 5108 Packaging for chassis with
half width blades.
N01-UAC1
4
Single phase AC power module for UCS
5108
N20-FAN5
32
Fan module for UCS 5108
UCSB-B200-M4
16
UCS B200 M4 w/o CPU, mem, drive
bays, HDD, mezz
CON-SNTP-B200M4
16
SMARTNET 24X7X4UCS B200 M4 w/o
CPU,mem,dr b,HDD,mezz
UCS-CPU-E52683D
32
2.00 GHz E5-2683 v3/120W 14C/35MB
Cache/DDR4 2133MHz
UCS-ML-1X324RU-A
256 32GB DDR4-2133-MHz
LRDIMM/PC4-17000/quad rank/x4/1.2v
UCSB-MRAID12G
16
Cisco FlexStorage 12G SAS RAID
controller with Drive bays
UCSB-MLOM-40G-03
16
Cisco UCS VIC 1340 modular LOM for
blade servers
UCSX-TPM2-001
16
Trusted Platform Module 1.2 for UCS
(SPI-based)
UCSB-HS-EP-M4-F
16
CPU Heat Sink for UCS B200 M4 Socket
1 (Front)
UCSB-HS-EP-M4-R
16
CPU Heat Sink for UCS B200 M4 Socket
2 (Rear)
30
UCSB-LSTOR-BK
32
FlexStorage blanking panels w/o
controller, w/o drive bays
C1UCS-OPT-OUT
16
Cisco ONE Data Center Compute Opt
Out Option
UCS-IOM-2208XP
8
UCS 2208XP I/O Module (8 External, 32
Internal 10Gb Ports)
UCSB-PSU-2500ACDV
16
2500W Platinum AC Hot Plug Power
Supply - DV
CAB-C19-CBN
16
Cabinet Jumper Power Cord, 250 VAC
16A, C20-C19 Connectors
UCSC-C220-M4S
5
UCS C220 M4 SFF w/o CPU, mem, HD,
PCIe, PSU, rail kit
CON-SNTP-C220M4S
5
SMARTNET 24X7X4 UCS C220 M4 SFF
w/o CPU, mem, HD
UCS-CPU-E52650D
5
2.30 GHz E5-2650 v3/105W 10C/25MB
Cache/DDR4 2133MHz
UCS-MR-1X162RU-A
20
16GB DDR4-2133-MHz
RDIMM/PC4-17000/dual rank/x4/1.2v
UCS-
SD240G0KS2-EV
30
240GB 2.5 inch Enterprise Value 6G
SATA SSD
UCSC-MLOM-CSC-02
5
Cisco UCS VIC1227 VIC MLOM - Dual
Port 10Gb SFP+
UCSC-CMAF-M4
5
Reversible CMA for C220 M4 friction &
ball bearing rail kits
UCSC-RAILB-M4
5
Ball Bearing Rail Kit for C220 M4 and
C240 M4 rack servers
UCSX-TPM2-001
5
Trusted Platform Module 1.2 for UCS
(SPI-based)
UCSC-PSU1-770W
10
770W AC Hot-Plug Power Supply for 1U
C-Series Rack Server
CAB-9K12A-NA
10
Power Cord, 125VAC 13A NEMA 5-15
Plug, North America
N20-BBLKD
10
UCS 2.5 inch HDD blanking panel
UCS-220CBLSR8
5
C220 M4 set of 2 SATA/SW RAID cables
for 8HDD bckpln chassis
UCSC-HS-C220M4
5
Heat sink for UCS C220 M4 rack servers
N20-BKVM
5
KVM local IO cable for UCS servers
console port
UCSC-SWRAID5
5
Software Raid 5 upgrade key for
embedded Raid
C1UCS-OPT-OUT
5
Cisco ONE Data Center Compute Opt
Out Option
31
UCSC-C460-M4
1
UCS C460 M4 base chassis w/o
CPU/DIMM/HDD
CON-SNTP-C460M4
1
SMARTnet Premium 24x7x4,UCS C460
M4 Server
UCS-CPU-E78890D
4
2.5GHz E7-8890 v3/165W/18C/45M
Cache
UCS-MR-1X162RU-G
16
16GB DDR4-2133 MHz
RDIMM/PC4-17000/dual rank/x4/1.2v
UCSC-MRBD2-12
8
UCS C460 M4 DDR4 Memory Riser with
12 DIMM slots
UCSC-PCIE-RSR-05
2
Riser card with 5 PCIe slots
UCS-
SD480G0KS2-EV
2
480 GB 2.5 inch Enterprise Value 6G
SATA SSD
UCSC-
PSU2V2-1400W
4
1400W V2 AC Power Supply for 2U & 4U
C-Series Servers
N20-BKVM
1
KVM local IO cable for UCS servers
console port
CAB-C13-C14-2M
4
Power Cord Jumper, C13-C14
Connectors, 2 Meter Length
UCSC-CMA-4U
1
Cable Management Arm for UCS C460
M4
UCSC-BRCKT1-C460
1
Bracket and Supercap cable for C460
M4 and 12G RAID
UCSC-RAIL-4U
1
Rail Kit for UCS C460 M4
UCSC-PCIE-FLR-F
4
Full Height PCIe slot filler for C Series
UCSC-HS-01-EX
4
CPU Heat Sink for UCS C460 M4 Rack
Server
N20-BBLKD
10
UCS 2.5 inch HDD blanking panel
UCSC-MRAID12G
1
Cisco 12G SAS Modular Raid Controller
UCSC-
MRAID12G-512
1
Cisco 12Gbps SAS 512MB FBWC
Cache module (Raid 0/1/5)
N2XX-AIPCI01
2
Intel X520 Dual Port 10Gb SFP+ Adapter
UCSC-F-FIO-1000PS
2
UCS 1000GB Fusion ioMemory3 PX
Performance line for Rack M4
CON-SNTP-FIOC10PS
2
SMARTNET 24X7X4 UCS 1000GB
Fusion ioMemory3 PX Performance l
UCSC-PCIE-
2
Emulex LPe16002-M6, 16Gb Fibre
32
E16002
Channel HBA with SR Optics
C1UCS-OPT-OUT
1
Cisco ONE Data Center Compute Opt
Out Option
CIS-TRN-CLC-001
2
100 Prepaid Training Credits: Redeem
w/Cisco Learning Partners
TOTAL HARDWARE
TOTAL SOFTWARE
Trade-In Credit
Hardware Discount
Hardware/Software Total
Total Smartnet/Services
Smartnet Discount (
Smartnet/Services Total
Professional Services
SALES TAX (NOTE TAXABLE ITEMS)
Shipping & Handling
33
EVALUATION CRITERIA
Evaluation and selection of BIDDER will be based on factors other than cost. These factors may
include, but are not limited to:
ITEM
CRITERIA
POINTS
A FIRM EXPERIENCE AND REFERENCES
1. Previous experience in providing Integrator Services similar in size and scope of this project.
2. Previous experience working with the California Community College Districts, and familiarity with California Public Contract Code
3. Previous experience in providing services to an academic institution. 4. Demonstrated ability to perform
25 POINTS
B PROPOSED PERSONNEL
1. Consideration will be given based on the professional and educational qualifications of personnel that will be assigned to the project based on the resumes provided. Proposer should demonstrate that all key personnel have been successfully involved with projects of similar scope and magnitude and meet the requirements listed above. Documentation for this section should include: (a) A typical detailed schedule that shows proposed staffing and hours. (b) An organization chart describing how your firm(s) would staff the project.
(c) Resumes of key personnel whom would have direct project responsibilities.
20 POINTS
C WORK PLAN/METHODOLOGY/SCHEDULE
1. This category will consider the overall quality of the proposed scope of services by demonstrated understanding of the District’s Project
10 POINTS
D REFERENCES
1. This category will consider information provided by references
10 POINTS
E COST
1. Points will be awarded based LOWEST AGGREGATE COST TO THE DISTRICT
34
TRADE IN EQUIPMENT
Bidder must provide Trade-In Rebates consistent with HP Trade in Program for all equipment
listed below. The value of the trade in will be used to calculate the final bid pricing.
MFG Model
Approximate
Date of Purchase Serial Number
HP DL360G5 Server 4/17/2007 USE717N23B
HP BladeSystem c7000 Enclosure 3/3/2009 USE902JW8V
HP BladeSystem c7000 OnBoard Administrator 3/3/2009 O98BMP8797 HP BladeSystem c7000 OnBoard Administrator 3/3/2009 O97AMU3519
HP BLc 1/10Gb VC-Enet Module 3/3/2009 3C4849004X
HP BLc 1/10Gb VC-Enet Module 3/3/2009 3C48490018
HP BLc 1/10Gb VC-Enet Module 3/3/2009 3C4849009M
HP BLc 1/10Gb VC-Enet Module 3/3/2009 3C4849005H
HP BLc 1/10Gb VC-Enet Module 3/3/2009 3C4849005J
HP BLc 1/10Gb VC-Enet Module 3/3/2009 3C484900AG
HP BLc 4Gb VC-FC Module 3/3/2009 3U7049000B
HP BLc 4Gb VC-FC Module 3/3/2009 MXK85100ND
HP BL460c G1 Blade Server 3/3/2009 USE902JW8X
HP BL460c G1 Blade Server 3/3/2009 USE902JW96
HP BL460c G1 Blade Server 3/3/2009 USE853JPTT
HP BL460c G1 Blade Server 3/3/2009 USE915LECS
HP BL460c G1 Blade Server 3/3/2009 USE902JW90
HP BL460c G1 Blade Server 3/3/2009 USE902JW95
HP BL460c G1 Blade Server 3/3/2009 USE906K8MX
HP BL460c G1 Blade Server 3/3/2009 USE902JW92
HP BL460c G1 Blade Server 3/3/2009 USE902JW94
HP BL460c G1 Blade Server 3/3/2009 USE902JW91
HP BL460c G1 Blade Server 3/3/2009 USE902JW8Y
HP BL460c G1 Blade Server 3/3/2009 USE902JW93
HP BL460c G6 Blade Server 3/9/2010 USE010Y4VT
HP BL460c G6 Blade Server 3/9/2010 USE010Y4VV
HP BL460c G7 Blade Server 2/15/2012 USE207VFH3
HP BL460c G7 Blade Server 2/15/2012 USE207VFH7
HP ProLiant DL380 G5 Server 3/3/2009 USE902N0X7
HP BL460c G1 Blade Server 3/3/2009 USE853JPTX
HP BL460c G1 Blade Server 3/3/2009 USE853JPTV
HP BL460c G1 Blade Server 3/3/2009 USE902JW8W
35
ATTACHMENT 1 BIDDER’S ACCEPTANCE OF TERMS AND CONDITI0NS
Mark the Appropriate Choice below:
________ Vendor accepts Attachment ____SMC Standard Terms and Conditions, without
exception.
________ Vendor proposes exceptions/modifications to Attachment ______- SMC Standard
Terms and Conditions. Summarize any and all exceptions to Attachment _____ SMC Standard
Terms and Conditions, below. Enclose both (i) a red-lined version of Attachment ____ SMC
Standard Terms and Conditions that clearly shows each proposed exception/modifications, and
(ii) provide a written summary of each change, including the vendor’s rationale for proposing
each such exception/modification.
BY (Authorized Signature)
36 ADDITIONAL PROVISIONS
ACCEPTANCE PERIOD. Unless otherwise specified herein, proposals are firm for a period of one hundred and twenty – (120) days.
AUTHORIZED SIGNATURES. Every proposal must be signed by the person or persons legally authorized to bind the Bidder’s to a contract for the execution of the work.
RESERVED RIGHTS. SMC reserves the right to:
a.
Reject any or all of the responses to this Invitation for Bid (RFP)b.
Cancel the entire Invitation for Bid (RFP)c.
Remedy errors in the responses to the Invitation for Bid (RFP)d.
Appoint evaluation committee to review responses.COMPLIANCE WITH LAWS. All proposals shall comply with current SMC Board Policies, federal, state, and other laws relative thereto.
CONTRACT DOCUMENTS, EXAMINATION OF. It is the responsibility of the Bidder’s to thoroughly examine and be familiar with legal and procedural documents, general conditions, all forms, specifications, drawings, plans, and addenda (if any), hereinafter referred to as Contract Documents. The failure or neglect of the Bidder’s to examine the Contract Documents shall in no way relieve him from any obligations with respect to the solicitation or contract. The submission of a proposal shall constitute an acknowledgment upon which SMC may rely that the Bidder’s has thoroughly examined and is familiar with the contract documents.
DISQUALIFICATION OF BIDDER. If there is reason to believe that collusion exists among the Bidder’s, SMC may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work. Bidder’s shall submit as part of their Proposal, a Non-Collusion Affidavit provided herein. (Attachment NCA-1)
IMPROPER ACTIVITY. It is improper and illegal for any SMC officer, employee or agent to solicit or accept consideration, in any form, from a Bidder’s with implication that consideration may secure more favorable treatment for the award of the contract.
EXECUTION OF CONTRACT. Time is of essence. The Successful Bidder’s/Vendor shall execute the contract, including but not limited to signing all necessary documents and submitting all required bonds and evidences of insurance, within ten (10) working days after the notice of contract Board approval. In case of failure of the Vendor to execute and return the contract and all required documents within the time allowed, SMC may, at its option, consider that the Bidder’s has abandoned the contract, in which case the “Performance Bond” shall be forfeited by the Bidder’s and become the property of SMC. One copy of the contract will be returned to the Vendor after the SMC executes the contract.
PRICES. All Bidder’s shall submit the prices on SMC form(s) if provided, and shall be signed by the Bidder’s’ authorized representative.
37
WORDS WILL GOVERN. Where there is a discrepancy between unit price and extended total, unit price will govern.
BIDDER’S CONTRACTUAL OBLIGATIONS IS BIDDER’S’S SOLE RESPONSIBILITY. SMC will look solely to the Successful Bidder’s for the performance of all contractual obligations which may result from an award based on this RFP.
AFFIRMATIVE OUTREACH. SMC hereby notifies all Bidder’s that it will affirmatively ensure that minority owned, women owned, disabled owned, veteran owned and small business enterprises will be afforded full opportunity and consideration when submitting proposals in response to this invitation and no Bidder’s will be discriminated against on the grounds of race, color, sex, creed, or national origin when reviewing the proposals for award of contract.
TERMS OF THE OFFER. SMC’s acceptance of Bidder’s offer shall be limited to the terms
herein unless expressly agreed in writing by SMC. Proposals offering terms other than those shown herein will be declared non-responsive and will not be considered.
BIDDER’SCKNOWLEDGEMENT OF TERMS AND CONDITIONS: The Bidder’ signature on the cover letter of their proposal verifies that the Bidder’s has read, understands and agrees to the terms and conditions contained herein and on all of the attachments and amendments
38
ARTICES
ARTICLE 1: CONTRACT DOCUMENTS ORDER OF PRECEDENCE ARTICLE 2: WORK TO BE PERFORMED
ARTICLE 3: PERIOD OF PERFORMANCE ARTICLE 4: DELIVERABLES
ARTICLE 5: LIMITATION OF FUNDS ARTICLE 6: ENTIRE AGREEMENT
39
SMC hereby contracts with (TBD) (the Contractor) and the Contractor agrees to perform the Work described in the Scope of Work, in accordance with the following articles, special provisions and terms and conditions of the contract.
ARTICLE 1: CONTRACT DOCUMENTS ORDER OF PRECEDENCE
This Contract includes the following Contract Documents and attachments, which are incorporated herein and made a part of this Contract.
Except as otherwise specified herein, in the event of any conflict, the precedence of the Contract Documents shall be as follows:
1. Articles
2. Special Provisions
3. General Terms and Conditions 4. Scope of Work
ARTICLE 2: WORK TO BE PERFORMED (SEE MANDATORY REQUIREMENTS)
.
ARTICLE 3 PERIOD OF PERFORMANCE
The Effective Date of this Contract is (TBF). Contractor shall perform and complete all Work under the Contract by as specified unless this Contract is terminated earlier or extended by SMC, in writing.
ARTICLE 4: DELIVERABLES (See Schedule)
CONTRACT DELIVERABLE DUE DATE
SEE SCOPE OF WORK DATA CENTER REFRESH APRIL 2016
ARTICLE 5: LIMITATION OF FUNDS
Funding for SMC is based upon the ability of appropriated State of California funds as determined by the SMC fiscal budget and approved by the Board of Trustees, which runs from July1, through June 30 of each fiscal year. No legal liability for continuing to provide the referenced service by SMC shall arise until funds are approved by the SMC Board and made available. If funding is not approved for any subsequent year during which this Contract is in effect, you will be notified to stop work, and comply with the Stop Work Provision of this contract.
ARTICLE 6: ENTIRE AGREEMENT: CONTRACT NO. (TBD)
The Contract, and any attachments or documents incorporated herein by inclusion or by reference, constitutes the complete and entire agreement between SMC and Contractor and supersedes any prior representations, understandings, communications, agreements or proposals, oral or written.
40
GENERAL TERMS AND CONDITIONS
TC-1 INDEPENDENT CONTRACTOR TC-2 INTENTIONALLY LEFT BLANK TC-3 STANDARD OF PERFORAMNCETC-4 INSPECTION OF WORK, ACCEPTANCE
TC-5 WARRANTY
TC-6 FORCE MAJEURE
TC-7 CONTRACT MODIFICATION (Change) TC-8 RECORDS AND AUDITS
TC-9 DISPUTES
TC-10 CONTRACT TERMINATIONS TC-11 INTENTIONALLY LEFT BLANK TC-12 SEVERABILITY
TC-13 GOVERNING LAW TC-14 PUBLIC RECORDS ACT TC-15 INDEMNIFICATION
TC-16 RIGHTS IN DATA/COPYRIGHT TC-17 ROYALTY FREE LICENSE
TC-18 DELIVERY INSURANCE AND TITLE TC-19 WAIVER
TC-20 CONFIDENTIALITY TC-21 ASSIGNMENT TC-22 SAFETY
41 TC-1 INDEPENDENT CONTRACTOR
In performing work under this Contract, Contractor will be acting as an independent contractor and not as an agent or employee of SMC. Contractor will have no authority to contract in the name of SMC and Contractor will be responsible for its own acts and t hose of its agents and employees.
TC-2 BLANK INTENTIONALLY (place holder)
TC-3 STANDARD OF PERFORMANCE
The Contractor shall perform and require its Subcontractors to perform the Work in accordance with the requirements of this Contract and in accordance with professional standards of skill, safety, and diligence adhered to by firms performing Work of a similar nature. It is understood that SMC will be relying upon “Industry Standards of Performance” for purposes of this contract TC-4 INSPECTION OF WORK, ACCEPTANCE
A. SMC reserves the right to inspect all and every part of the Work at any time during the performance and after completion, at its discretion. SMC shall not be obligated to make any inspections, however, and neither the inspection of the Work, nor the lack thereof, shall relieve the Contractor of its responsibility for performing and providing the Work in accordance with the terms of this Contract.
B. SMC shall not be deemed to have accepted the Contractor’s performance of the Work unless SMC or its designated representative has given written notice of final acceptance of the Work to the Contractor. No payment in whole or in part shall be construed to be an acceptance of the Work.
C. When the Contractor determines that all Work as authorized in this Contract is fully completed including all required submissions, SMC will commence a final review of the Work and, within 30 days will either:
1. Give the Contractor a final Contract Acceptance; or
2. Advise the Contractor in writing of any outstanding items which must be completed or corrected.
3. Notwithstanding the final Contract Acceptance the Contractor will not be relieved of its obligations hereunder, shall remain obligated under all those provisions of this Contract which expressly or by their nature extend beyond and survive final Contract Acceptance.
TC-5 WARRANTY
The Contractor warrants that all Work shall be in accordance with this Contract and shall comply with the Industry Standard of Performance, for the entire contract service period.
1. Assignment of Warranties. To the extent that third party manufactures have provided the bidder with any warranties or made other commitments regarding the equipment, products or goods that bidder has included in its bid to SMC, bidder will pass through and assign to SMC any and all such manufacturers’ warranties and other commitments, and/or take such action as may be necessary to ensure that SMC is entitled in full to all such manufacturer’s warranties and obligations.
2. Unless otherwise specified by the bidder in its bid response, the warranties specified hereunder shall begin upon SMC acceptance, in writing, of the deliverable or service in question.
3. Bidder represents and warrants that it is a duly authorized value added reseller of the equipment, software and services specified by SMC and that it has a value added
42
reseller’s agreement currently in force with each and every applicable company or manufacturer under which the bidder is authorized to make the commitments made in the Purchase Order
4. Bidder warrants that it will arrange with the manufacturers for a direct or sublicense for any operating systems software, general utilities, or applications software included with the goods.
5. Bidder warrants that any and all software required hereunder will perform in accordance with its license and any accompanying documentation.
6. Bidder warrants that all deliverables (including software) furnished hereunder (i) will be free at the time of delivery, of harmful code (i.e. computer viruses, worms, trap doors, time bombs, disabling code, or any similar mechanism designed to interfere with the intended operation of, or cause damage to, computers, data, or software; and (ii) will not violate any U.S. Intellectual property right.
7. Service Warranties- In connection with installation and configuration of the Equipment, the bidder warrants and represents that it and any and all of its authorized agent(s) possess such expertise, experience and resources to perform the installation services in a diligent, timely and professional manner consistent with the highest standards of the industry. The bidder also warrants that installation and configuration of any related components will not alter or damage SMC’s existing computer network or systems.
TC-6 FORCE MAJEURE
Events constituting Force Majeure hereunder are limited to events, the effect of which could not have been avoided by due diligence and reasonable efforts of the Contractor. Force Majeure events include natural disasters, wars, riots, civil disorders, sabotage, strikes, labor disputes, freight embargos and severe weather conditions.
TC-7 CONTRACT MODIFICATIONS (CHANGE)
SMC may, from time to time, order additional work, make changes in the Scope of Work through a written Contract Modification. Contract Modifications are defined as changes to the contract; modifications; which are not contained in original Contract and determined by SMC to be necessary.
If any Contract modifications under the contract causes an increase or decrease in the Contractor’s cost of, or the time required for the performance of any part of the Work, an equitable adjustment in the compensation and or schedule will be negotiated, and shall be incorporated into this Contract in writing and signed by both contractor and SMC.
TC-8 RECORDS AND AUDITS
The Contractor shall maintain cost records in a generally recognized accounting basis, and the Contractor shall permit the authorized representatives of SMC, and any other government agency, to inspect, audit and copy all records relating to it and its Subcontractor’s performance under this contract, for up to three (3) years after contract completion.
TC-9 DISPUTES
A. Performance During Dispute: Unless otherwise directed by SMC the Contractor shall continue performance under this Contract while matters in dispute are being resolved. B. Resolution of Disputes: The Parties shall use their best efforts to resolve disputes
under this Contract. If a dispute cannot be resolved at the administrative level, the Parties mutually agree to binding arbitration, under jurisdiction in the State of California,
43 County of Los Angeles.
C. Remedies: The duties and obligations imposed by this Contract and the rights and remedies available there under shall be in addition to and not a limitation of any duties obligation, rights and remedies otherwise imposed or available by law.
TC-10 CONTRACT TERMINATIONS
A. Termination for Convenience- SMC may, by written notice to the Contractor, terminate this Contract in whole or in part at any time, for SMC’s convenience. Upon receipt of a Termination for Convenience Notice, the Contractor shall, to the extent specified in the notice;
1. Deliver to SMC all data, software, drawings, specifications, reports, estimates, summaries and such other information and material as may have been prepared or developed by the Contractor, or its sub- Contractors in performance under this Contract.
2. Protect and preserve any SMC property which remains in its possession Contractor shall submit its Final invoice, if any, within 30 days after the effective date of the Termination for Convenience. SMC and Contractor shall negotiate and reach agreement on the amount to be paid based upon the terms of the Contract. Under no circumstances shall the Contractor be entitled to anticipatory or unearned profits or consequential damages as a result of a Termination for Convenience.
B. Termination for Default- SMC may be written notice terminate the Contract for failure of the Contractor to perform any obligation or comply with any requirement of this Contract. SMC’s right to terminate this contract may be exercised if the Contractor does not cure a failure, as determined by SMC, within 5 days after receipt of a “Notice to Cure”. If SMC terminates this contract in whole or in part, the Contractor will be liable to SMC for “Excess Cost” for the contracted supplies or services.
The Contractor shall not be liable for any Excess Cost if failure to perform the Contract arises from causes beyond the control and without fault or negligence of the Contractor.
TC-11 INTENTIALLY BLANK (place holder)
TC-12 SEVERABILITY
In the event any section and/or sentences contained in the Contract shall be illegal, unconstitutional, or otherwise unenforceable, such determination, shall in no matter affect the other sections and/or sentences of the Contract.
TC-13 GOVERNING LAW
By entering into this Contract, both parties shall be subject to the Laws of the State of California, County of Los Angeles, over any action at law, suit in equity, and/or other proceeding that may arise out of this Contract.
TC-14 PUBLIC RECORDS ACT
All records, documents, drawings, plans, specifications, and all other information relating to the conduct of SMC’s business, including information submitted by the Contractor, shall become the exclusive property of SMC and shall be deemed public records.
In the event of litigation concerning the disclosure of any information Contractor shall indemnify and hold SMC harmless from all costs and expenses including attorney’s fees in connection