Free Standing Satellite Food Service Stations Bid Opening Date

BID PROPOSAL NO. # 18-19-09F FOR

PURCHASE OF: Free Standing Satellite Food Service Stations

Bid Opening Date:

November 15, 2018 1:00 p.m. (PST)

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NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that the Chino Valley Unified School District (CVUSD) of San Bernardino County, California, acting by and through its Board of Education, hereinafter referred to as the District, will receive up to, but not later than, 1:00 pm Thursday, November 15, 2018 sealed bids for the purchase of:

FREE STANDING SATELLITE FOOD SERVICE

STATIONS BID # 18-19-09F

All bids shall be made and presented on a form furnished by the District. Bid Documents will be distributed electronically. Please send your request via email to Anna G Hamilton, Purchasing Director, at [email protected] Your request must indicate the Bid Number and Project Title. Bids shall be received in the Purchasing Office, located at 5130 Riverside Dr., Bldg 6, Chino, CA 91710. After receipt of all sealed bid documents, the District will prepare an analysis of the total cost of each bid submitted, with award of the bid to the lowest responding and responsible bidder.

Each bid shall be accompanied by (1) Bid Form, (2) Specification Literature (3) Item by Item Comparison of District Provided Satellite Food Service Stations Specifications Versus Specification Proposed and Bid, (4) Manufacturer’s Guarantee-Warranty, and (5) an Affidavit of Non-Collusion.

No bidder may withdraw his bid for a period of ninety (90) days after the date set for the opening of bids. The District reserves the right to reject any and all bids or to waive irregularities in any bid. Please call 909.628.1202 ext 1226 with questions.

Anna G Hamilton Purchasing Director Chino Valley Unified School District

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Chino Valley Unified School District Free Standing Satellite Food Service Stations

BID #18-19-09F DOWNLOAD RECEIPT

Chino Valley Unified School District

Purchasing Department 5130 Riverside Drive

Chino, CA 91710 T: 909.628.1202 ext 1220

If you download this packet, fax or email this sheet to be added to our bidders list.

Attention: Anna G Hamilton, Purchasing Director FAX: 909.548.6014 EMAIL: [email protected] RE: BID 18-19-09F – Free-Standing Satellite Food Service Stations Chino Valley Unified School District proposals are available on the Purchasing website. If you download the BID packet, you are required to fax the following information to 909.548.6014 or email to [email protected]. By faxing or emailing the completed for you will be added to the bidders list and receive any Addenda for this proposal. Name: Title: Organization: Street Address: City: State: Zip: Work Phone: Fax: Email: Please direct any questions to Anna Hamilton at 909.628.1202 ext 1226 or via email to: [email protected]

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NOTICE TO VENDORS CALLING FOR BIDS

Notice is hereby given that sealed proposals will be received at the District Office of Santa Maria Joint Union High School District, Business Services, 2560 Skyway Drive, Santa Maria, CA 93455 until 1:00 p.m. (PST), November 15, 2018 and will be opened at that time. All bids must be sealed and clearly marked as follows:

BID PROPOSAL NO. 18-19-09F

FREE-STANDING SATELLITE FOOD SERVICE STATIONS

Chino Valley Unified School District Purchasing Department

5130 Riverside Drive, Bldg. 6, Chino, CA 91710 Attention: Anna G Hamilton, Purchasing Director

INSTRUCTIONS TO BIDDERS

DEFINITIONS— The following meanings are attached to the following defined words when used in these specifications and the contract: The word “District” or “Owner” means the Chino Valley Unified School District, Chino, California. The word “Bidder” or “Vendor” means the person, firm, or corporation submitting a bid on these specifications or any part thereof.

A. BID SUBMITTAL

All bids must be filed at or before time indicated herein, on forms furnished. Copies of all forms, specifications, and exhibits are available from via the District website at https://www.chino.k12.ca.us/Page/21747 , or by emailing Anna Hamilton at [email protected]. Please call (909) 628-1202 x 1226 with questions. Any bidder may withdraw his bid personally by written request at any time prior to the scheduled closing time for the receipt of bids.

B. RESERVATIONS

The Chino Valley Unified School Board reserves the right to reject any and all bids received, to take all bids under advisement for a period not to exceed ninety (90) days after the date of opening thereof, to waive any informality on any bid, and to be sole judge of the relative merits of the services and/or materials mentioned in the respective bids received. The District also reserves the right to reject any bid not accompanied with all data or information required. Bidders are hereby notified that the successful Bidder must be properly licensed to do business before commencing the work under the contract awarded hereunder, if required by the contract.

C. AFFIDAVIT OF NONCOLLUSION

An Affidavit of Non-collusion form is enclosed and must be completed signifying that such proposal is genuine and not collusive or made in the interest or in behalf of any person not herein named, and that the Bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid or any other person, firm, or corporation to refrain from bidding, and that the Bidder has not, in any manner, sought by collusion to secure for himself an advantage over any other bidder. Any bid made without such affidavit or in violation thereof shall not be considered. The Affidavit of Non-Collusion form must be completed and submitted with the bid (see “Attachment B”). In all instances, the affidavit form contained herein is to be signed by the Bidder before a notary public.

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D. PREPARATION OF BID FORM

The proposal must be made on the bid form (See “Attachment A”) provided for that purpose, enclosed in a sealed envelope with required documents as noted elsewhere in this package and in the Notice to Vendors Inviting Bids, and marked “BID PROPOSAL NO. 18-19-09F for FREE STANDING SATELLITE FOOD SERVICE STATIONS,” and addressed to the Chino Valley Unified School District, Purchasing, 5130 Riverside Drive, Bldg 6, Chino, CA 91710, Attention: Anna G Hamilton, Purchasing Director. If the Bidder is a corporation, the legal name of the corporation shall be set forth, together with the original signature of the officer or officers authorized to sign contracts on behalf of the corporation. If the Bidder is a co-partnership, the true name of the firm shall be set forth, together with the original signature of the partner or partners authorized to sign contracts in behalf of the co-partnership. If the Bidder is an individual, his original signature shall be set forth. No telephonic or facsimile proposal will be considered.

Blank spaces in the proposal must be properly filled in, using ink, indelible pencil, or typewriter, and the phraseology of the proposal must not be changed. Each bid shall be accompanied by (1) Bid Form, (2) Product Specification Literature (3) Item by Item Comparison of Specified Satellite Food Service Stations Specifications Versus Specification Proposed and Bid, (4) Manufacturer’s Guarantee-Warranty, and (5) an Affidavit of Non-Collusion (Attachment B). Alterations by erasure or interlineations must be explained or noted in the proposal over the signature of the Bidder. Bid will be received on all items. Bidders are invited to be present at the opening of proposals. Bidder’s Total Base Bid must reflect the total for– FREE-STANDING SATELLITE FOOD SERVICE STATIONS as noted on the Proposal Sheet. In case of error in extension of prices, the Total Base Bid will govern.

The District reserves the right to reject any and all bids or to waive irregularities or informalities in any bid or in the bidding process. The award of the contract, if made by the District, will be to the lowest responsible bidder therefore, when required by law.

E. THE CONTRACT

The Bidder to whom the award is made will receive a Purchase Order issued by the Chino Valley Unified School District – Nutrition Services Department.

Contract terms and conditions are outlined within the parameters of this bid.

Delivery terms: all costs for delivery, freight, damage or packaging shall be borne by the vendor. Vendor shall, by bidding, release District from the responsibility for resolution of freight claims, damage inspection on damaged merchandise, and shall promptly replace damaged goods. District agrees to hold damaged merchandise awaiting pick-up by the Vendor, for not more than thirty (30) days. After thirty (30) days, merchandise will be disposed of at the discretion of the District.

G. INDEMNIFICATION

Contractor shall indemnify and hold the District and the property of District free and harmless from any and all claims, losses, damages, liabilities, and expenses, including attorney fees and costs, arising from the death or injury of any person or persons, or from the damage or destruction of any property, caused by or connected with the performance of this Contract by Contractor, his agents, subcontractors, or employees.

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H. PAYMENTS

I. PATENT RIGHTS The Vendor agrees to save, keep, bear harmless, and fully indemnify the District and any of its officers, agents, and employees from all damages, costs, or expenses in law or equity that may at any time arise or be asserted for any infringement of any patent rights or any person or persons in consequence of the use by the District, or by any of its officers, agents, employees or articles supplied under this contract, and of which the Vendor is not the patentee or assignee, or which the Vendor is not lawfully entitled to sell.

J. TAXES

Applicable taxes must be included in the bid. K. ERRORS AND OMISSIONS

The Vendor shall not be allowed to take advantage of any errors and/or omissions in these specifications or in the Vendor's specifications submitted with his proposal. Full instructions will always be given when such errors or omissions are discovered. Vendor agrees to abide by said instructions.

O. MANUFACTURER’S W ARRANTY

Contractor shall provide in the bid package t he Manufacturer’s Guarantee-Warranty against defects in materials.

P. FORCE MAJEURE CLAUSE

The Vendor will be excused from the performance of the contract, in whole or in part, only by reason of the following causes:

1. When such performance is prevented by operation of law.

2. When such performance is prevented by an act of God.

3. When such performance is prevented by an act of the public enemies of the State of

California, or of the United States of America, or by strike, mob violence, fire, delay in transportation beyond the control of the Vendor, or unavoidable casualty.

4. When such performance is prevented by the inability of the Vendor to secure

necessary materials, supplies, or equipment by reason of: a. Appropriation or use thereof by the Federal Government; or b. Regulations imposed by the Federal Government.

No other Force Majeure Clause or conditions may be inserted in this bid and any changes in the conditions stated herein will cause the bid to be rejected.

Complete payment on the contract prices will be made in approximately thirty (30) days from completion and acceptance unless otherwise provided for in the Bidder's proposal or under "Specifications,” by demands on the Business Department of the Chino Valley Unified School District, approved as required by State Education Code.

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Q. DEFAULT 1. If the Vendor fails in any manner fully to perform and carry out each and all of the

terms, covenants, and conditions of the awarded contract, he shall be in default and a notice in writing shall be given to him of such default by the Assistant Superintendent of Business Services of the District or their approved designee. If the Vendor fails to cure such default within such time as may be required by such notice, the District may, at its option, terminate and cancel the contract and, at the expense of the Vendor and his or its surety, complete the contract or cause the same to be completed.

2. Such termination shall not affect or terminate any of the rights of the District as

against the Vendor or his surety then existing, or which may thereafter accrue because of such default, and the foregoing provision shall be in addition to all other rights and remedies available to the District under the law.

3. The waiver of a breach of any term, covenant, or a condition hereof shall not

operate as a waiver of any subsequent breach of the same or any other term, covenant, or condition hereof.

R. SPECIFICATIONS AND EQUALS

1. Brand names, where used, are a means of establishing quality and style. Bidders are invited to quote their alternate offers which must be supported by literature which fully describes items that are being bid. A side by side comparison of District provided specifications verses proposed and bid item(s) must be included

2. No exceptions to or deviations from this specification will be considered unless each

exception or deviation is stated by typewritten insertion by the Bidder in the specifications or by letter attached hereto. If no exceptions or deviations are shown, the Bidder will be required to furnish items exactly as specified therein. The burden of proof of compliance with this specification is the responsibility of the Bidder.

S. SUBSTITUTIONS MAY BE ACCEPTED

1. The District reserves the right to permit deviations from the specifications if an article offered is substantially in accord with the specifications and is deemed by the District to be satisfactory for its intended use as an article fully meeting specifications. The District will be the sole judge in the determination of the acceptable deviations. Unless exceptions are noted by Bidder, the article offered will be assumed to be in accord with the specifications.

2. The District reserves the right to reject any or all bids, or to waive any irregularities or

informalities in any bids or in the bidding. The award of the contract, if made by the District, will be to the lowest responsible Bidder, when required by law.

T. ANTI-DISCRIMINATION

1. 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 and Housing Act, beginning with Government Code Section 12900, and Labor Code Section 1735. In addition, the Contractor agrees to require like compliance by any subcontractors on the work by him.

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U. GENERAL INFORMATION

1. Invoicing All invoices are to be mailed in triplicate to the Chino Valley Unified School District – Nutrition Services, 5130 Riverside Drive, Chino, CA 91710. Reference shall be made to the purchase order number issued.

2. Literature

Bidders shall submit literature with the bid which fully describes items on which they are bidding. Any and all literature submitted must be stamped with bidder’s name and address.

3. Prices

Bids are for equipment to be F.O.B. destination and shall include delivery to Chino Valley Unified School District school site locations where units are to be setup or to the District Warehouse located at 12260 Seventh St, Chino, CA 91710 at the district’s discretion.

4. Delivery Deadline

All units are to be delivered to Chino Valley Unified School District school site locations and setup no later than December 30, 2019

5. Warranty and Service Location Attach the warranty and/or guarantee provisions form applicable to the equipment to your bid.

6. Quantities

Quantities shown in the bid schedule are approximate and the district guarantees no minimum purchase. The district reserves the right to increase or decrease quantities.

V. PRICING – TERM OF CONTRACT Minimum contract term is one (1) year. Quoted prices must stay in effect for seven (7) months after award of bid and may be extended upon mutual consent of District and vendor for an additional four (3) one-year periods in accordance with provisions contained in the Education Code, Sections 17596 (K-12). Price increases may be negotiated but may never exceed five percent (5%). In the event of a general price decrease the District reserves the right to revoke the bid unless the decrease is passed on to the District.

W. Piggyback Clause For the term of the Contract and any mutually agreed extensions pursuant to this request for bids, at the option of the vendor, other school districts and community college districts, any public corporation or agency, including any county, city, town or public corporation or agency within the State of California, may purchase, lease purchase, or rent the identical item(s) at the same price and upon the same terms and conditions pursuant to sections 20118 (K-12) and 20652 (Community Colleges) of the Public Contract Code.

The Chino Valley Unified School District waives its right to require such other districts and offices to draw warrants in the favor of the District as provided in said code sections.

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SPECIFICATIONS SPECIFICATIONS –FREE STANDING SATELLITE FOOD SERVICE STATIONS

Servesmart Quick Café Mini Max Enclosures (15QC Mini Max-Spacesaver with Awning) or equal.

1 Non-Back Lit AdMedia Option

2 Exterior Dimensions: 150” W x 84”D x 95”H

3 Interior Dimensions: 130” W x 80”D x 81”H

4 Maximum security door with motor- operated, remote control feature

5 Exterior finish 2.5 mil. Polyurethane glossy finish sheen powder coat with anti-graffiti additive. There will be 3 unique colors with school logos as selected by the District

6 Chassis constructed of 14ga electro galvanized steel type, CS type A: 20G/20G; NCT Oil and .063 aluminum alloys.

7 Security door constructed of electro galvanized steel type, CS type A: 20G/20G; NCT Oil. Electrical Specifications: 115vac 60HZ 1PH 5.5 Amps ½ HP Motor Drive, Remote Control Operation, Safety Digital Eye, Pressure Sensor Safety Feature.

8 Enclosures include (6) adjustable locking, mounting feet constructed of high-grade aluminum and clear anodized

9 Exterior, interchangeable advertising option included. Includes clear Lexan overlays on side modules and header module. Lexan panels minimum 1/8”. Advertising graphic material must be guaranteed for a minimum of 36 months.

10 Includes stainless steel fasteners

11 Includes Back Panel Kit

12 Includes All Weather Awning

13 Interior finish to be polyurethane polymer powder coat with a finish minimum thickness of 2.5 mil.

14 Custom graphic design included. Exterior graphic panels to be interchangeable and mounted inverted on Plexiglas. Exterior graphic panels to be attached via molding and stainless-steel fasteners.

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SPECIFICATIONS -- Servesmart Quick Café Enclosure (15RCNLSP15) or equal.

1 Maximum security door with motor- operated, remote control feature.

2 Exterior Dimension: 150”W x 42”D x 95”H

3 Interior Dimension: 130”W x 38”D x 81”H

4 Exterior finish 2.5 mil. Polyurethane glossy finish sheen powder coat with anti-graffiti additive. Color to be Delta High color and logo selected by the District

5 Chassis constructed of 14ga electro galvanized steel type, CS type A: 20G/20G NCT Oil and .063 aluminum alloys.

6 Security door constructed of electro galvanized steel type, CS type A: 20G/20G; NCT Oil. Electrical Specifications: 115vac 60HZ 1PH 5.5 Amps ½ HP Motor Drive, Remote Control Operation, Safety Digital Eye, Pressure Sensor Safety Feature.

7 Door to have limit switches that can be adjusted as needed. Door will be operated electronically with 110VAC. Door to have a manual unlock feature to allow access to the interior equipment if electrical power is lost.

8 Enclosures include (6) adjustable locking, mounting feet constructed of high grade aluminum and clear anodized.

9 Exterior, interchangeable advertising option included. Includes clear Lexan overlays on side modules and header module. Lexan panels minimum 1/8”. Advertising graphic material must be guaranteed for a minimum of 36 months.

10 Includes stainless steel fasteners

11 Includes All Weather Awning

12 Includes Back Panel Kit

13 Interior finish to be polyurethane polymer powder coat with a finish minimum thickness of 2.5 mil.

14 Custom graphic design included. Exterior graphic panels to be interchangeable and mounted inverted on Plexiglas. Exterior graphic panels to be attached via molding and stainless-steel fasteners.

15 Portable hand washing sink 110v hot/cold HS110

16 Wind Wall awning wall – one side (left hand side if facing unit)

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All Quick Café Enclosures are to have an exterior finish with anti-graffiti polyurethane powder coat. RAL Color to be determined by the School District. Exterior finish to be a minimum thickness of 2.5 mil. With glossy finish sheen. Interior finish to be polyurethane polymer powder coat with a finish minimum thickness of 2.5 mil. Chassis is to be constructed of 14-gage electro galvanized steel type, CS type A: 20G/20G; NCT oil and .063 aluminum alloys.

Custom graphic design included. Exterior graphic panels to be interchangeable and mounted inverted on Plexiglas. Exterior graphic panels to be attached via molding and stainless-steel fasteners.

• All exterior welds are to be ground smooth with the surface of the enclosure. • Enclosure must be anchored with a minimum of 8 3/8” anchor bolts. • No integrated floor. • No exterior or visible locks or locking devises visible from the outside. • Enclosure must be expandable and modular. • Enclosure t have backlighting option capabilities. • Enclosure is to be free standing. • There shall be no visible or exterior assembly fasteners on the exterior of the enclosure excluding graphic

panel molding. • Enclosure must be able to be attached to each other back to back. • Advertising enclosures must have interchangeable Lexan graphic panels. • Advertising Lexan panels minimum 1/8”. • Advertising graphic material must be guaranteed for a minimum of 36 months. • Quick Café Enclosures must have solar power option.

Quick Café Enclosures must have locking, and adjustable billet aluminum mounting feet located 3 places on each end of the enclosure for a total of (6) mounts and (1) on each awning leg. Mount fee must have an adjustment range of no less than 1.25 inches. Adjuster feet must be high-grade aluminum and clear anodized and not be accessible from the exterior of the enclosure. Security enclosure must be modular to ease in breakdown when relocation is necessary. Mounting will be on concrete and installed by District.

Door for Quick Café Enclosures must be recessed into the top and not visible in the open position. Door is to be made of G96 14ga galvanized steel and able to withstand wind loads of 80 MPH. Door finishes being polyurethane powder coat and shall be RAL 7040 grey color. Bottom bar of door must intersect door guides by no less than 1.5” on both sides of door. Door guide to be made of 1/8” thick electro galvanized steel, type CS type A: 20G/20G; NCT oil. Finish for door guide polyurethane polymer powder coat with minimum thickness of mil. Guide to be constructed from one continuous length of aluminum - no welds are permitted.

Security door or bottom bar must not be able to extend past the bottom of the door guides. Guides will have a stop to prevent the security door or bottom bar from traveling past the top of the door guides. Security door will have an internal counter balancer to neutralize door weight. Door actuation must be automatic via remote control. Locking/unlocking method must also be automatic. Door to have limit switches that can be adjusted as needed. Safety measures will be available to prevent door overload. Door will be operated electronically with 110VAC. Door to have a manual unlock feature to allow access to the vending equipment if electrical power is lost. Access to the manual unlock feature must be secure and not visible to the layperson. One remote control to be supplied with each enclosure. Door operation must be timer capable and include a web based wireless modem for remote open / close scheduling. Timer duration is 24 / 7. Quick Café Enclosures to include options for alarms systems and battery backup.

Bid shall include delivery to ten (10 different school sites. Units are to be set up at District approved locations. Bolting to surface, electrical connections, and other construction related activities will be completed by the District. Related bolting hardware and instructions shall be provided by vendor. Work performed by District adhering to vendor instructions shall not impact warranty.

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QUI C K C A F É E N C L OSU R E S P E C I F I C A T I ONS Quick Café Enclosures are to be installed at various school or district sites and installation cost is to be included in the lease. The purpose of this equipment is to provide additional points of sale to students for food service operations. Quick Café Enclosures to be Icon Enclosures brand or equal.

• Quick Café SpaceSaver - Enclosure overall dimensions for enclosures are as follows, 102” wide x 42” deep x 95” high with inside dimensions of 81” opening width x 38” deep x 81” open height. Quick Café Enclosures shall have 50” continuous radiused sides. No flat sided enclosures. No Integrated Floor.

• Quick Café- Standard - Enclosure overall dimensions for enclosures are as follows, 150” wide x 42” deep x 95” high with inside dimensions of 130” opening width x 38” deep X 81” open height. Quick Café Enclosures shall have 50” continuous radiused sides. No flat sided enclosures. No Integrated Floor.

• Quick Café MiniMAX - Enclosure overall dimensions for enclosures are as follows, 150” wide x 84” deep x 95” high with inside dimensions of 130” opening width x 80” deep x 81” open height. No Integrated Floor.

• Quick Café MAX - Enclosure overall dimensions for triple unit enclosures are as follows, 352” wide x 126” deep x 95” high with inside dimensions of 278” opening width x 116” deep 84” open height. No Integrated Floor.

• Quick Café Grill House - Enclosure overall dimensions for triple unit enclosures are as follows, 150”wide x 192” deep x 95” high with inside dimensions of 128.5” opening width x 172” deep x 84” open height. No Floor. (3) Motorized rolling doors. No Integrated Floor.

• Quick Café- LunchBox - Enclosure overall dimensions for triple unit enclosures are as follows, 120” wide x 84” deep x 95” high. Inside dimensions of 110” opening width x 82” open height. LunchBox shall have shape and contour of a traditional lunchbox.

• Quick Café- PODS - Enclosure overall dimensions for triple unit enclosures are as follows, 96” wide x 72” deep x 92” high with inside dimensions of 84” width x 82” height. PODS shall have a lockable serving door that converts to an awning.

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BID PROPOSAL TO: CHINO VALLEY UNIFIED SCHOOL DISTRICT, acting by and through its Governing Board, herein called the "DISTRICT:"

1. Pursuant to your Notice Inviting Proposals and the other documents relating thereto, the undersigned bidder, having become familiarized with the terms of the complete contract, as defined in the Agreement, the local conditions affecting the performance of the contract and the cost of the work at the place(s) where the service is to be done, hereby proposes and agrees to be bound by all the terms and conditions of the complete contract and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all applicable taxes, utility and transportation services necessary to perform the contract and complete in a good workmanlike manner all of the work required in connection with the following:

BID No. 18-19-09F – Free-Standing Satellite Food Service Stations

all in strict conformity with the complete contract as defined in the Agreement, including addenda nos. ____, _____, _____ and _____, on file at the office of the DISTRICT'S Purchasing Director, located at 5130 Riverside Drive, Building #6 Chino, CA, 91710 for the sum of **Use Appendix A – Pricing _________________________ Dollars ($__________).

2. It is understood that the DISTRICT reserves the right to reject this proposal and that this bid shall remain open and not be withdrawn for the period specified in the Notice to Contractors Calling for Proposals.

3. The required Non-Collusion Declaration is hereto attached. 4. In accordance with the Instructions to Bidders form, should the bidder propose to use

an "equal" product for major equipment and/or material items listed in this bid, bidder is required to indicate the brand name, if any, of the proposed substitute product and shall insert this information in the space provided below. Bidder may attach additional pages as needed. Bidder shall also submit with its bid all pertinent and appropriate data substantiating its request for substitution. If the space provided below is left blank, it shall be considered that bidder shall be offering a product referred to by name specified for the major equipment or material items listed in the bid.

5. It is understood and agreed that if written notice of the acceptance of this Proposal is

mailed, emailed, or delivered to the undersigned after the opening of the bid, and within the time this proposal is required to remain open, or at any time thereafter before this bid is withdrawn, the undersigned will execute and deliver to the DISTRICT a contract in the form attached hereto in accordance with the proposal as accepted within five (5) calendar days after receipt of notification of award, and that the work under the contract shall be commenced by the undersigned bidder, if awarded the contract on the date to be stated in the DISTRICT's Notice to Proceed delivered to the Bidder, and shall be completed by the Bidder in the time specified in the contract documents.

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6. Communications conveying acceptance of bids, requests for additional information or

other correspondence should be addressed to the undersigned at the address stated below. _____________________________________________________________ _____________________________________________________________

7. The names of all persons interested in the foregoing proposal as principals are as

follows: _____________________________________________________________ _____________________________________________________________ _____________________________________________________________

(IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state true name of firm, also names of all individual co-partners composing firm; if bidder or other interested person is an individual, state first and last name in full.)

8. In submitting this proposal, the bidder offers and agrees that if the proposal is accepted, it will assign to DISTRICT all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Business & Professions Code Section 16700 et seq.) arising from the purchase of goods, materials, or services by the bidder for sale to the DISTRICT pursuant to the proposal. Such assignment shall be made and become effective at the time the DISTRICT tenders final payment.

9. If the bidder is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and is in good standing in the State of __________________ and that _________________________________________________________whose title is ________________________________, is authorized to act for and bind the corporation.

10. It is understood and agreed that, should bidder fail or refuse to return executed copies of the Agreement, Contractor's Certificate, and Certification of Insurance to the DISTRICT within five (5) days of actual notice of the award of the contract to bidder, the successful bidder shall be deemed to be in default and the DISTRICT may award the contract to the next responsive, responsible bidder.

11. The bidder hereby certifies that it is, and at all times during the performance of work

hereunder shall be, in full compliance with the provisions of the Immigration Reform and Control Act of 1986 ("IRCA") in the hiring of its employees, and the bidder shall indemnify, hold harmless and defend the DISTRICT against any and all actions, proceedings, penalties or claims arising out of the bidder's failure to comply strictly with the IRCA.

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The undersigned hereby declares that all the representations of this bid are made under penalty of perjury under the laws of the State of California. Individual Name: ________________________________________ Contractor 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]

Joint Venture Name: ________________________________________

Signed by: ___________________, Joint Venture Date: ______________________________________ Business Address: ____________________________

Other Parties to Joint Venture:

If an individual: ____________________________ (Signed)

Doing Business as: __________________________; If a Partnership: ___________________________ Signed by: __________________________, Partner If a Corporation: ____________________________ (a ___________ Corporation) By: ______________________________ Date: _____

Title: ______________________ (Seal and Attest)

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.

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INFORMATION REQUIRED OF BIDDER – General Information

The Bidder shall furnish the following information. Failure to comply with this requirement will render the proposal 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: _____________________ Fax:___________________ E-Mail: _______________________________ (3) Type of firm: (Check one) Individual__ Partnership__ Corporation__ Joint Venture__ (4) Names and titles of all officers of the firm: ____________________ _______________________ ____________________ _______________________ ____________________ _______________________ (7) 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: _________________________________________________ _________________________________________________ (8) Have you ever failed to complete a project in the last three years? ___ If so, give owner and details: _________________________________________________ _________________________________________________ _________________________________________________ (9) 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? ____ If so, please elaborate. ________________________________________________________ ________________________________________________________ ________________________________________________________ (20) Federal Tax I.D. Number:_____________________________

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INFORMATION REQUIRED BY BIDDER - List of References List references for agencies where you have provided services for a period of three (3) years or more. The following information should contain persons or entities familiar with the Bidder's Work. Bidders should include cities, school districts, community college districts or other educational institutions familiar with the Bidder's work, if possible: Do not list Chino Valley Unified School District. 1. Name of Agency:

Agency Address & Telephone: Contact Person: Type of Project: Contract Amount: 2. Name of Agency: Agency Address & Telephone: Contact Person: Type of Project: Contract Amount:

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3. Name of Agency: Agency Address & Telephone: Contact Person: Type of Project: Contract Amount: I certify and declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this ____ day of _________, 2018, at ______________________, State of ________________. County__________________. __________________________________ Signature __________________________________ Name __________________________________ Title

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NON-COLLUSION DECLARATION To Be Executed and Submitted with Bid

The undersigned declares: I am the _____________________ [Title] of _______________________________ [Name of Company], the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________________ [Date], at ___________________ [City], _______________ [State]. Vendor Name Printed Name of Authorized Company Representative Signature of Authorized Company Representative

This form must be submitted with your bid.

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DRUG-FREE WORKPLACE CERTIFICATION This Drug-Free Workplace Certification form is required from all successful bidders pursuant to the requirements mandated by Government Code Section 8350 et seq., the Drug-Free Workplace Act of 1990. The Drug-Free Workplace Act of l990 requires that every person or organization awarded a contract or grant for the procurement of any property or service from any State agency must certify that it will provide a drug-free workplace by doing certain specified acts. In addition, the Act provides that each contract or grant awarded by a State agency may be subject to suspension of payments or termination of the contract or grant, and the contractor or grantee may be subject to debarment from future contracting, if the contracting agency determines that specified acts have occurred. Pursuant to Government Code Section 8355, every person or organization awarded a contract or grant from a State agency shall certify that it will provide a drug-free workplace by doing all of the following: a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the person's or organization's workplace and specifying actions which will be taken against employees for violations of the prohibition; b) Establishing a drug-free awareness program to inform employees about all of the following:

1) The dangers of drug abuse in the workplace;

2) The person's or organization's policy of maintaining a drug-free workplace;

3) The availability of drug counseling, rehabilitation and employee-assistance programs;

4) The penalties that may be imposed upon employees for drug abuse violations;

c) Requiring that each employee engaged in the performance of the contract or grant be given a copy of the statement required by subdivision (a) and that, as a condition of employment on the contract or grant, the employee agrees to abide by the terms of the statement.

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I, the undersigned, agree to fulfill the terms and requirements of Government Code Section 8355 listed above and will publish a statement notifying employees concerning (a) the prohibition of controlled substance at the workplace, (b) establishing a drug-free awareness program, and (c) requiring that each employee engaged in the performance of the contract be given a copy of the statement required by Section 8355(a) and requiring that the employee agree to abide by the terms of that statement. I also understand that if the DISTRICT determines that I have either (a) made a false certification herein, or (b) violated this certification by failing to carry out the requirements of Section 8355, that the contract awarded herein is subject to termination, suspension of payments, or both. I further understand that, should I violate the terms of the Drug-Free Workplace Act of 1990, I may be subject to debarment in accordance with the requirements of Section 8350 et seq.. I acknowledge that I am aware of the provisions of Government Code Section 8350 et seq. and hereby certify that I will adhere to the requirements of the Drug-Free Workplace Act of 1990. Vendor Name Printed Name of Authorized Company Representative Signature of Authorized Company Representative

This form must be submitted with your bid

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SAMPLE AGREEMENT

THIS AGREEMENT, dated the ___ day of ___,2018, in the County of San Bernardino, State of California, by and between the Chino Valley Unified School District, hereinafter referred to as "DISTRICT" or "OWNER" and __________________________, hereinafter referred to as "CONTRACTOR".

W I T N E S S E T H:

That the DISTRICT and the CONTRACTOR, for the consideration stated herein, agree as follows:

1. Contract: The complete contract includes all of the contract documents, including the

Notice Inviting Proposals, Instructions to Bidders, CONTRACTOR's Bid Proposal, Information Required of Bidder, CONTRACTOR's Certificate Regarding Workers' Compensation, Non-collusion Declaration, Drug-Free Workplace Certification if applicable, Insurance Policies, General Conditions if any, Special Conditions if any, Specifications, if any, this Agreement, and all modifications and amendments thereto, and by this reference are incorporated herein. The contract documents are complementary, and what is called for by any one shall be as binding as if called for by all.

2. Statement of Work: CONTRACTOR shall perform within the time set forth in the Notice Inviting

Proposals everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and transportation services, as described in the complete contract and required for the services described as follows:

BID No. 17-18-16F EMERGENCY PREPAREDNESS SUPPLIES

in accordance with scope of work and specifications, if any, prepared by Chino Valley Unified School District dated ________, 2018. All said services to be provided will be furnished and shall be completed in a good workmanlike manner in strict accordance with all such specifications and provisions of the complete contract as hereinabove defined. The CONTRACTOR shall be liable to the DISTRICT for any damages arising as a result of a failure to fully comply with this obligation.

3. Compensation:

DISTRICT shall pay to the CONTRACTOR for products and services provided per the pricing sheet (Appendix A).

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4. Indemnification: The CONTRACTOR agrees to and does hereby indemnify and hold harmless the

DISTRICT, its officers, agents, and employees from every claim or demand made, and every liability, loss, damage, or expense, of any nature whatsoever, which may be incurred by reason of:

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

(b) Any injury to or death of persons or damage to property caused by any act,

neglect, default or omission of the 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 this Agreement, whether said injury or damage occurs either on or off school district property, if the liability arose from the negligence or willful misconduct of anyone employed by the CONTRACTOR, either directly or by independent contract, and not by the active negligence of the DISTRICT.

(c) 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, demand or liability, and shall pay or satisfy any judgment that may be rendered against the DISTRICT, its officers, agents or employees in any action, suit or other proceedings as a result thereof.

5. Insurance Specific Insurance Requirement CONTRACTOR shall procure and maintain and shall require all subcontractors, if any, whether primary or secondary, to procure and maintain:

(a) General Liability:

Commercial General Liability with a $5,000,000.00 Combined Single Limit of Liability per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice.

Chino Valley Unified School District and Southern California Schools Risk Management JPA to be named as: ”Additional Insured”.

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CONTRACTOR shall execute an Indemnity and Hold Harmless Agreement (Attachment #7 to Bid Form).

(b) Automobile Liability:

$1,000,000.00 Combined Single Limit of Liability for Bodily Injury and Property Damage per accident.

Coverage to include “Owned, Non-Owned, or Hired” automobiles

(c) Deductibles and Self-Insured Retentions

Any deductibles or self-insured retentions must be declared to and approved by the District. At the option of the DISTRICT, the CONTRACTOR shall provide a financial guarantee satisfactory to the DISTRICT guaranteeing payment of losses and related investigations, claim administration and defense expenses.

(d) Workers Compensation Insurance

During the term of this Contract, the CONTRACTOR shall provide workers’ compensation insurance for all of the CONTRACTOR’S employees engaged in Work under this Contract on or at the Site of the Project and, in case any of the CONTRACTOR’S Work is subcontracted, the CONTRACTOR shall require the Subcontractor to provide workers’ compensation insurance for all the Subcontractor’s employees engaged in Work under the subcontract. Any class of employee or employees not covered by a Subcontractor’s insurance shall be covered by the CONTRACTOR’S insurance. In case any class of employees engaged in Work under this Contract on or at the Site of the Project is not protected under the Workers’ Compensation laws, the CONTRACTOR shall provide or cause a Subcontractor to provide adequate insurance coverage for the protection of those employees not otherwise protected. The CONTRACTOR shall file with the DISTRICT certificates of insurance as required under Paragraph 11.6 and in compliance with Labor Code § 3700.

(e) Employer’s Liability:

CONTRACTOR shall maintain Employer’s Liability coverage with limits of not less than $1,000,000.00 per accident for bodily injury or disease.

(f) Policy Requirements

The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:

The DISTRICT, its officers, officials, employees, and volunteers are to be covered as insured with the respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts or equipment furnished in connection with such work or operations. General Liability coverage can be provided in the form of an endorsement to the CONTRACTOR’S insurance, or as a separate owner’s policy.

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For any claims related to this project, the CONTRACTOR’S insurance coverage shall be primary insurance as respects the DISTRICT, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the DISTRICT, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’S insurance and shall not contribute with it.

If CONTRACTOR maintains higher limits of coverage than the minimum requirements stated in this section, then the DISTRICT shall be entitled to receive the benefits of such higher limits, where applicable.

Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, reduced, non-renewed, or otherwise materially changed except after thirty (30) day’s prior written notice has been provided to the DISTRICT.

If General Liability/or Professional Liability coverage is written on a claims-made form:

The retroactive date must be shown, and must be before the date of the Contract or the beginning of Contract work.

Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of Contract work.

If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Contract effective date, the CONTRACTOR must purchase an extended period coverage for a minimum of five (5) years after completion of Contract work.

A copy of the claims reporting requirements must be submitted to the District for review.

(g) Proof of Insurance

CONTRACTORS shall furnish the DISTRICT with original certificates and amendatory endorsements effecting coverage required by this section. The endorsements should be on forms provided by the DISTRICT or on other than the DISTRICT’S forms, provided those endorsement or policies conform to the requirements hereunder. All certificates and endorsements are to be received and approved by the DISTRICT before work commences. However, failure to do so shall not operate as a waiver of these insurance requirements. The DISTRICT reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

(h) Compliance

In the event of the failure of any CONTRACTOR to furnish and maintain any insurance required by this Article 11, the CONTRACTOR shall be in default under the Contract. Compliance by CONTRCTOR with the requirement to carry

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insurance and furnish certificates or policies evidencing the same shall not relieve the CONTRACTOR from liability assumed under any provision of the Contract Documents, including, without limitation, the obligation to defend and indemnify the DISTRICT.

(i) Waiver of Subrogation CONTRACTOR hereby agrees to obtain a waiver of subrogation rights which any insurer or contractor may acquire form CONTRACTOR by virtue of the payment of any loss. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect such waiver of subrogation rights. The Worker’s Compensation policy shall be endorsed with a waiver of subrogation in favor of the DISTRICT for all work performed by the CONTRACTOR, its employees, agents and subcontractors.

CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein.

6. Corporate Status: If CONTRACTOR is a corporation, the undersigned hereby represents and

warrants that the corporation is duly incorporated and in good standing in the State of ________________, and that _______________________________ whose title is _______________________ authorized to act for and bind the corporation. 7. Required Provisions:

Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party the Contract shall forthwith be physically amended to make such insertion or correction.

8. Entire Agreement.

The complete contract as set forth in Paragraph 1 of this Agreement constitutes the entire Agreement of the parties.

No other agreements, oral or written, pertaining to the work to be performed under this contract, exists between the parties. This contract can be modified only by an agreement in writing, signed by both parties and pursuant to action of the Governing Board.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.

CHINO VALLEY UNIFIED SCHOOL DISTRICT

CONTRACTOR

By: By: Anna G Hamilton Title: Director of Purchasing Title:

Date: Date:

Contractor’s License No.

(CORPORATE SEAL OF CONTRACTOR,

if corporation)

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APPENDIX A – PRICING PROPOSAL FORM

CHINO VALLEY UNIFIED SCHOOL DISTRICT Free-Standing Satellite Food Service Stations Bid No. 18-19-09F

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Company Name _____________________________________

Description Unit Price Shipping Cost Per Unit Servesmart Quick Café Mini Max Enclosure (15QC Mini Max Spacesave with Awning or equal

Servesmart Quick Café Enclosure (15RCNLSP15) or equal

I certify and declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this ____ day of _________, 2018, at ______________________, State of ________________. County__________________. __________________________________ Signature __________________________________ Name __________________________________ Title

This form must be submitted with your bid