HEMET UNIFIED SCHOOL DISTRICT BID NUMBER 2015/ MT

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1 HEMET UNIFIED SCHOOL DISTRICT BID NUMBER 2015/ MT ROOFING PROJECTS AT Bautista Creek Elementary, Fruitvale Elementary, Hamilton High, Valle Vista Elementary HEMET UNIFIED SCHOOL DISTRICT 1791 WEST ACACIA AVE. HEMET, CA BID DUE DATE FRIDAY FEBRUARY 5, 2016, at 10:00:00 A.M. 1

2 If more information regarding bid documents is needed, please call Andy McGuire, Director of Purchasing & Warehouse ( ) PROJECT: Roofing at Various School Sites BID: 2015/ MT DUE: FRIDAY, FEBRUARY 5, 2016 TIME: 10:00.00 A.M. Page 1 Contract Documents and School Sites: Before submitting a bid, the Bidder should read the Specifications and Form Agreement. Bidder is required to fully acquaint themselves with the conditions under which the work should have to be done. If more information is needed regarding specifications, please contact Mr. Anthony Pipkins, Director of Maintenance at , ext It is understood that the bidder shall be responsible for scope of work and the completion of the project outlined in the Specifications. INVOICING Application for payment must be submitted to the Maintenance Department, Hemet Unified School District, 2085 W. Acacia Ave., Hemet, Ca Invoices must be submitted to the Maintenance Department in triplicate. OBTAINING BIDS Bids can be downloaded from the Hemet Unified School District web page. The bid can be downloaded from the active bids portion of the web page. The link to this page is as follows: SB 854 REQUIREMENTS Senate Bill established a new public works registration program which will collect fees to fund compliance monitoring and enforcement, determine prevailing wage and public works coverage, and hear enforcement appeals. All contractors and subcontractors intending to bid or perform work on public works projects will be required to register, and annually renew, online for the program. The cost to register for the program is currently $ and paid directly to the state. Contractors and subcontractors submitting bids must be registered by March 01, The requirement to use only registered contractors and subcontractors on public works projectors greater than $1, applies to all projects awarded on or after March 01, No bid can be accepted nor any contract or subcontract entered into nor purchase order issued without proof that the contractor and subcontractor is registered. In you intend on bidding on this projector or future District projects, you are required to be registered with the DIR prior to March 01, The contractor is also required to list their subcontractor s registration number and must ensure that their subcontractors listed are registered with the DIR. 2

3 HEMET UNIFIED SCHOOL DISTRICT 1791 West Acacia Ave. Hemet, Ca NOTICE TO CONTRACTORS CALLING FOR PROPOSALS FOR ROOFING AT VARIOUS DISTRICT SITES BID #: 2015/ MT NOTICE IS HEREBY GIVEN that the Hemet Unified School District of Riverside County, State of California, acting by and through its Governing Board, hereafter referred to as the District, will receive up to, but not later than 10:00:00 A.M., on Friday February 5, 2016 sealed bids for the award of District. Bids shall be received at: Purchasing Department Hemet Unified School District 1791 W. Acacia Ave. Hemet, Ca Bids shall be opened and publicly read aloud at the above stated time and place. Each bid must conform and be responsive to the Contract Documents, which are on file for examination at the DISTRICT ADMINISTRATIVE OFFICES. Contractors who are desirous of securing bids, plans, specifications and proposal forms for the purpose of preparing and submitting a proposal for this work may do so, subject to certain conditions, hereinafter stated, from the Purchasing Department, Hemet Unified School District. Contractors license classification for this project will be C-39 Roofing. Each bid shall be accompanied by the security referred to in the Contract Documents consisting of a certified or cashier s check, or a bid bond for not less than ten percent(10%) based upon the amount bid for the listed project, payable to the Board of Education, Hemet Unified School District and a list of proposed subcontractors. Those vendors who submit a bid and are awarded a contract but refuse to enter into a contract with the school district will immediately have their bid bond forfeited to the school district. In accordance with Public Contract Code 6610, there will be a mandatory job walk for this project held on Thursday January 21, 2016 at 9:00:00 A.M. at The Maintenance Facility, 2085 W. Acacia Ave., Hemet, Ca All contractors interested in bidding this project must arrive on time, sign an attendance sheet and remain for the entire duration of the job walk. Those vendors, who submit and bid but did not attend the job walk, will have their bid immediately disqualified and returned to the contractor. Bid specifications will be distributed at the job walk to all Contractors interested in bidding on the projects. The School District reserves the right to accept or reject any and all bids and to waive any irregularities or informalities in the bids or in the bidding process. In the interest of public health, the Hemet Unified School District Board of Education mandates a tobacco-free environment and requires people to refrain from smoking or using any tobacco products on School District property. The District has obtained from the Director of the Department of Industrial Relations, the general prevailing rate of per diem wages, in the locality where this work is to be performed, for each craft or type of workers needed to execute the contract. Copies of the ascertained wage rates are on 3

4 file in the District Purchasing Department, and are available to any interested party on request. The successful bidder will be required to post a copy thereof at each job site. It shall be mandatory upon the Contractor to whom the contract is awarded and upon any subcontractors under him, to pay no less than the said specified rates to all workers employed by them in the execution of the contract, per the requirements of Labor Code Sections 1770 and The general prevailing wage rates may also be obtained at The successful bidder will be required to furnish a Payment (Labor and Material) Bond in the amount of one hundred percent (100%) of the Contract Sum, and a Faithful Performance Bond in the amount of one hundred percent (100%) of the Contract Sum. Said bonds are to be secured from and Admitted Surety (an insurance organization authorized by the Insurance Commissioner to transact surety insurance in the State of California during this calendar year), and satisfactory to the Owner. The bidder will be required to furnish insurance as set forth in the Contract Documents. No bidders may withdraw their bid for a period of ninety (90) days after the date set for the opening of bids or after approval by the Hemet Unified School District Board of Education. BY ORDER OF THE GOVERNING BOARD Andy McGuire Director of Purchasing Hemet Unified School District Publish: January 14, 2016 and January 18,

5 SECURING DOCUMENTS: Bid Documents are available at Hemet Unified School District, Purchasing Department, 1791 W. Acacia Ave. Hemet, Ca SCOPE OF WORK The projects are located at Four (4) different sites within the boundaries of Hemet Unified School District. The projects that Contractors will be bidding on, and specifications passed out at the job walk, are the roofing repair and replacement at the Five specific sites. Roofing specifications are described in the specifications section of this bid. BIDDERS RESPONSIBILITIES: Read this entire document carefully and become familiar with all instructions, terms and conditions, plans, specifications, and drawings before submitting a bid. Do not assume that this document is the same as other bids you may have received from this office. If you submit a bid it shall be incontrovertible evidence that you understand, and intend to comply with all the requirements of this bid and contract. The governing Board reserves the right to correct errors or omissions in specifications wherever necessary for the proper fulfillment of the intentions of the bids. Furnish the following with all bids: (forms for this information and instructions for these forms are included in the bid package). Failure to submit all forms with bid may result in rejection of bid. 1. Bid Security/Bond 2. Bid Form 3. Designation of Subcontractors 4. Non-Collusion Affidavit 5. Worker s Compensation Certificate 6. Fingerprint Certification SITE LOCATIONS: 1. Bautista Creek Elementary School 441 Lake St Hemet, Ca Fruitvale Elementary School 2800 W. Fruitvale Ave Hemet, Ca Hamilton High School Mitchell Rd. Anza, CA Valle Vista Elementary School Mayberry Ave Hemet, Ca

6 BIDDER INFORMATION ACCESSIBILITY. The Contractor shall fully inform themselves regarding any peculiarities and limitations of the spaces available for the performance of work under this contract. They shall exercise due and particular caution to determine that all parts of their work are made quickly and easily accessible. ADDENDA ACKNOWLEDGMENT. The District reserves the right to revise the bid documents prior to bid opening date. Revisions, if any, shall be made by written addenda. The District may determine in its sole discretion, whether an addendum requires that the date set for opening bids be postponed. The announcement of the new date, if any, shall be made by addenda. Each prospective bidder shall provide the District a name, address and facsimile number to which the addenda may be sent, as well as a telephone number by which the District can contact the bidder. Copiers of addenda will be furnished without charge to all parties who have obtained a copy of the bid documents and provide such current information. Please note: To this end, each bidder should contact the purchasing department to verify that they have received all addenda issued, if any. Bidders must acknowledge receipt of all addenda, if any, in its Contractor s Proposal or Bid Form. Failure to acknowledge receipt of all addenda may cause the bidders bid to be deemed incomplete and non-responsive. AUTHORIZED SIGNATURES. Every bid must be signed by the person or persons legally authorized to bind the Bidder to a contract for the execution of the work. Upon request of the Hemet Unified School District, any agent submitting a bid on behalf of a Bidder shall provide a current power of attorney certifying the agent s authority to bind the Bidder. If an individual makes the bid, his or her name, signature, and post office address must be shown. If a firm or partnership makes the bid, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be shown. If a corporation makes the bid, the bid shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person signing on behalf of the corporation. Upon request of the Hemet Unified School District, the corporation shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the bid to execute contracts on behalf of the corporation. AWARD OF BID. Bid award will be made to the lowest responsible and responsive bidder. The low bidder will be determined by the lowest responsible bid for the Total Base Bid that complies with all the requirements prescribed in the bid/contract documents. The District reserves the right to award a contract on an individual site basis or a contract in whole. In the event the lowest responsive and responsible bid for a construction project exceeds available funds, and such bid does not exceed such funds by more than (five) percent, the Hemet Unified School District reserves the right, when time or economic considerations preclude re-solicitation of work of a reduced scope, to negotiate an adjustment of the bid price with the lowest responsive and responsible bidder, in order to bring the bid within the amount of available funds. Any such negotiated adjustment shall be based only upon eliminating independent deductive items specified in the invitation for bids. Additionally, the Hemet Unified School District reserves the right to reject any or all bids. BID ACCEPTANCE PERIOD. Bid prices are firm for a period of ninety- (90) days. 6

7 BID FORMS. Bids shall be made on the blank forms prepared and provided by the Hemet Unified School District. Bids shall give the prices proposed, both in writing and in figures, shall give all other information requested herein, and shall be signed by the bidder or authorized representative, with the appropriate address. If an individual makes the bid, his or her name, signature, and post office address must be shown. If a firm or partnership makes the bid, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be shown. If a corporation makes the bid, the bid shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation, and the title of the person who signs on behalf of the corporation. If the corporation makes the bid, a certified copy of the bylaws or resolution of the board of directors of the corporation shall be furnished showing the authority of the officer signing the Bid to execute contracts on behalf of the corporation. BID PREPARATION. All bids must be prepared and submitted using only the bid schedule, bid sheet, questionnaire and other forms included in the bid package. Bids prepared on any other forms may be rejected. All forms must be complete, and all information must be typed or written in ink. State numbers in both words and figures where so indicated. If there is a conflict in the words and the figures, the words shall govern. Both unit and extended prices must be shown on bid forms when spaces are provided. In the event of an error in the extension of bid prices, unit prices will prevail. Prices, wording and notations must be in ink or typewritten. Erasures or other changes shall be initialed by the person signing the bid. The District may reject as non-responsive, any bid that it finds to be unintelligible, inconsistent or ambiguous. In the event you do not wish to bid, please mark NO BID and return at least the bid cover sheet so your name may be removed from the project list, but not the bidders list. BID PROTESTS. Any bidder that has duly submitted a bid for the work may protest the process used to seek bids for the work, another bid for the work, and/or the intended award of the contract for the work only by filing a written protest with the District. In order for a Bid Protest to be valid and be considered by the District, the Bid Protest: 1. Must be received by the Director of Purchasing not later than 4:00 P.M. on the fifth calendar day following the opening of bids; 2. Must clearly identify the bidder that is filing the Bid Protest, together with the name, address and telephone number of the person representing the bidder for purposes of the Bid Protest; 3. Must clearly identify the specific bid, bidding process, or other matter that is subject of the Bid Protest; 4. Must clearly identify the specific provisions of all documents relevant to the Bid Protest; 5. Must clearly identify and describe in detail the specific basis for the Bid Protest and all facts relevant thereto; 6. Must clearly identify and describe in detail all arguments in support of the Bid Protest, including, without limitation, citations to applicable statutory requirements; and 7. Must be submitted with all documentation the bidder desires to submit that is relevant to and supports the basis underlying the Bid Protest. 7

8 If a Bid Protest does not comply with each and all of the foregoing requirements, the District will reject the Bid Protest as invalid. Upon receipt of a valid Bid Protest, the District and/or its legal counsel will review the Bid Protest and all relevant information and documents and will provide a written response to the protesting bidder setting forth a recommendation for District Governing Board action in response to the Bid Protest. A bidder may at any time withdraw its Bid Protest. In response to a Bid Protest that a bidder has not withdrawn, the Governing Board may decline to award the contract, may award the contract to a bidder other than as previously intended, or may award the contract to a bidder as previously intended despite the Bid Protest. Such action by the Governing Board shall be a condition precedent to the filing of any claim or demand and to the initiation of any action (legal or equitable) or other proceeding arising from the matter(s) protested. Compliance with the foregoing Bid Protest requirements is mandatory. Each bidder that desires to protest must file its own Bid Protest in accordance with the foregoing requirements, and no bidder may rely on a Bid Protest by another bidder as a means of satisfying such requirements. Compliance with the foregoing requirements is the sole and exclusive means of protesting a bid, the bidding process and/or the intended award of the contract, and failure to so comply shall be deemed and construed as a waiver of any and all rights the bidder may have to pursue a claim, demand or action arising from any such matter. BIDDERS SECURITY. Each bid must be accompanied by a certified or cashier s check or by a bid bond on the form supplied by the District, drawn in favor of the District in an amount not less than ten percent (10%) of the total bid. Bonds must be A rated or better, as reflected in Best s Key Rating Guide. All bond sureties must be admitted sureties licensed to do business in the State of California and must have a federal treasure listing in the Federal Register which equals or exceeds the bonding amount. This check or bond shall be given as a guarantee that the bidder, if awarded the contract, will execute and deliver the contract documents and the required Labor and Material and Performance bonds in accordance with the bid accepted by the District. In default of execution of the contract upon award and/or delivery of said Labor and Materialmen s and Performance bonds, such bid bond or check shall be held subject to payment to the District of the difference in money between the amount of the bidder s bid and the amount for which the District may legally contract with another party to perform the said work, together with the cost to the District of redrafting, redrawing, and publishing documents and papers necessary to obtain new bids on the said work. The check or bond shall, in addition, be held subject to all other actual damages suffered by the District, as set forth in the contract documents. Said check or bond will be returned upon the close of the period mention for the holding of bids. BID SUBMITTAL. Bids shall be submitted in a sealed envelope bearing on the outside the name of the bidder, his address and the project name and bid number for which the bid is submitted. Bidder s authorized representative must properly initial any erasures or alterations of any kind. Bids that contain omissions or improper erasures or irregularities may be rejected. No oral, electronic, telegraphic, or telephonic bids or modifications will be considered unless otherwise specified herein. BID WITHDRAWAL. Bidder s authorized representative may withdraw bids only by written request received before Bid Opening. BIDDER AGREEMENT TO TERMS AND CONDITIONS. Submission of a signed bid will be interpreted to mean bidder has agreed to all the terms and conditions set forth in the pages of this bid. CANCELLATION OF BID. The Hemet Unified School District may cancel this bid at any time. 8

9 CLEANUP COST. Bidder shall include in the bid, all costs for cleanup during performance and upon completion of work on this project. Successful Bidder will remove all unused equipment and instruments of service, all excess or unsuitable material, trash, rubbish and debris, and legally dispose of same, unless otherwise directed by these specifications. Successful Bidder shall leave entire area in a neat, clean, and acceptable condition as approved by the Hemet School District. COMPLIANCE OR DEVIATION TO SPECIFICATIONS. Bidder hereby agrees that the material, equipment or service offered will meet all the requirements of the specifications in this solicitation unless deviations from them are clearly indicated in the bidder s response. Bidder may submit an attachment entitled Exceptions to Specifications, which must be signed by bidder s authorized representative. An explanation must be made for each item in which an exception is taken, giving in detail the extent of the exception and the reason for which it is taken. Bids failing to comply with this requirement will be considered non-responsive. Submittal of brochure or other manufacturer literature is desirable but may not be a substitution for this requirement. COMPLIANCE WITH FAIR EMPLOYMENT PRACTICE ACT. Contractor agrees in accordance with Section 1735 and of California Labor Code, and the California Fair Employment Practice Act (Sections ) that in the hiring of common or skilled labor for the performance of any work under this contract, or any subcontract hereunder, no Contractor, material supplier or vendor shall, by reason of race, color, national origin or ancestry, or religion, discriminate against any person who is qualified and available to perform the work to which such employment relates. COMPLIANCE WITH LAWS. All bids shall comply with current federal, state, local and other laws relative thereto. CONTRACT DOCUMENTS, EXAMINATION OF. It is the responsibility of the Bidder to carefully and thoroughly examine and be familiar with legal and procedural documents, general conditions, all bid forms, specifications, drawings, plans, and addenda (if any), hereinafter referred to as Contract Documents. Bidder shall satisfy himself as to the character, quantity, and quality of work to be performed and materials, labor, supervision, equipment and appurtenances necessary to perform the work as specified by the Contract Documents. The failure or neglect of the Bidder to examine the Contract Documents shall in no way relieve him from any obligations with respect to the bid or contract. The submission of a bid shall constitute an acknowledgment upon which the Hemet Unified School District may rely that the bidder has thoroughly examined and is familiar with the contract documents. The failure or neglect of a bidder to receive or examine any of the contract documents shall in no way relieve the bidder from any obligations with respect to the bid. No claim will be allowed for additional compensation that is based upon a lack of knowledge of any bid document. CONTRACTOR S LICENSE. At the time of award, the Successful Bidder must possess a valid California Contractor's License issued by the Contractor's State License Board for the classification(s) of work specified in the contract documents. Bidders must show their contractor s license number, classification and expiration date on their bid. Contractor s License classification will be C-39 DISQUALIFICATION OF BIDDER. If there is reason to believe that collusion exists among the bidders, the Hemet Unified school District may refuse to consider bids 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 bid for the same work unless alternate bids are called for. A person, firm, or corporation who has submitted a sub-bid to a bidder, or who has quoted prices on materials 9

10 to a bidder, is not thereby disqualified from submitting a sub-bid or quoting prices to other bidders. Reasonable ground for believing that any bidder is interested in more than one Bid for the same work will cause the rejection of all Bids for the work in which a bidder is interested. If there is reason to believe that collusion exists among the bidders, the Hemet Unified School District may refuse to consider Bids from participants in such collusion. Bidders shall submit as part of their Bid documents the completed Non-Collusion Affidavit provided herein. DOCUMENTS TO BE RETURNED WITH BID. Failure to completely execute and submit the required documents before the date and time set for bid opening may render a bid non-responsive. The documents that must be returned by bid opening time is listed on the form entitled "Bid Documents To Be Returned" and attached hereto. ANTI-DISCRIMINATION. It is the policy of the District that in connection with all work performed under contracts; there is 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 bidder agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment Practice Act, beginning with government Code Section and Labor Code Section In addition, the bidder agrees to require like compliance by any subcontractors. EXECUTION OF CONTRACT. Time is of the essence of this contract. The Successful Bidder/Contractor 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) days after personal delivery of the notice and within fifteen (15) days after such notice has been deposited in the United States mail. One copy of the contract will be returned to the Contractor after the Hemet Unified School District executes the contract. In case of failure of the Contractor to execute and return the contract and all required documents within the time allowed, the Hemet Unified School District may, at its option, consider that the bidder has abandoned the contract, in which case the bid security bond shall be forfeited by the bidder and become the property of the Hemet Unified School District. After the contract has been executed, including the insurance documents, certificates, and bonds a Notice to Proceed will be issued. Bidder agrees to commence work as agreed upon between the contractor and the Hemet School District, but no later than 15 working days after the date of the Notice to Proceed, to proceed with the work and fully complete the project within 45 calendar days from the date of the Notice to Proceed. EXPERIENCE AND COMPETENCY. The Successful Bidder shall be skilled and regularly engaged in the general class or type of work called for under the contract. The Successful Bidder shall also have no less than Three(3) years experience in the magnitude and character of the work bid. It is the intention of the Hemet Unified School District to award a contract to a Bidder who furnishes satisfactory evidence that he/she has the requisite experience, ability, sufficient capital, and facilities to enable him to prosecute the work successfully and properly, and to complete it within the time specified in the contract. To determine the degree of responsibility to be credited to the Bidder, the Hemet Unified School District will weigh any evidence that the Bidder has performed satisfactorily other contracts of like nature, magnitude, and comparable difficulty and comparable rates of progress. In selecting the lowest responsive and responsible Bidder, consideration will be given not only to the financial standing but also to the general competency of the Bidder for the performance of the work specified in the contract documents. FIRM PRICE PERIOD. Bidders bids shall remain open and firm for a period of not less than (90) calendar days from the date of the bid opening. 10

11 FORMATION OF CONTRACT. Bidder s signed bid and Hemet Unified School District s written acceptance shall constitute a binding contract. INDEPENDENT CONTRACTOR. Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this contract, no subcontractor or person having such an interest shall be employed. Contractor certifies that to the best of his knowledge, no one who has or will have any financial interest under this contract is an officer or employee of Hemet Unified School District. INFORMED BIDDER. Bidders are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting bids. Failure to do so will be at the bidders own risk and they cannot secure relief on the plea of error. INK OR TYPEWRITTEN. All information, prices, notations, signatures, and corrections must be in ink or typewritten. Mistakes may be crossed out and corrections typed or printed adjacent to the mistake and initialed in ink by the person signing the Bid. INDEMNIFICATION AND INSURANCE The Contractor will defend, indemnify and hold harmless the Owner, its governing board, officers, agents, trustees, and employees against and from any and all liability for damages on account of injury to or death of persons or damage to property or delay or damage to another contractor resulting from or arising out of or in any way connected with the performance by the Contractor of this Agreement and reimburse the Owner for all costs, attorney s fees, expenses and loss incurred by it in consequence of any claims, demands and causes of action which may be brought against the Owner that arises out of the performance by the Contractor. The indemnification shall be in addition to other indemnification contained in the Contract Documents. The Contractor shall supply the Owner with certificates of insurance evidencing that Workers Compensation Insurance is in effect and providing that the Owner will receive Thirty(30) days cancellation. Furthermore, Contractor agrees to and does hereby defend, indemnify and hold harmless District, Architect, Inspector, the State of California and their officers, employees, agents and independent contractors from every claim or demand made, and every liability, loss, damage, expense or attorney s fees of any nature whatsoever, which may be incurred by reason of: (a) Liability for (1) death or bodily injury to persons; (2) damage or injury to, loss (including theft), or loss of use of, any property; (3) any failure or alleged failure to comply with any provision of law or the Contract Documents; or (4) any other loss, damage or expense, sustained by any person, firm or corporation or in connection with the Work called for in this Agreement or the Contract Documents, except for liability resulting from the sole or active negligence, or the willful misconduct of the District. (b) Any bodily injury to or death of persons or damage to property caused by any act, omission or breach of Contractor or any person, firm or corporation employed by Contractor, either directly or by independent contract, including all damages or injury to, loss (including theft), or loss of use of, any property, sustained by any person, firm or corporation, including District, arising out of or in any way connected with Work covered by this Agreement or the Contract Documents, whether said injury or damage occurs either on or off District property, but not for any loss, injury, death or damages caused by the sole or active negligence or willful misconduct of the District. 11

12 (c) Contractor, at Contractor s own expense, cost, and risk, shall defend any and all claims, actions, suits, or other proceedings that may be brought or instituted against the District, its officers, agents or employees, on any such claim or liability, and shall pay or satisfy any judgment that may be rendered against the District, its officers, agents or employees in any action, suit or other proceedings as a result thereof. Contractor shall ensure that its contract with each of its subcontractors contains provisions requiring the subcontractors to defend, indemnify and hold harmless the District, Architect, Inspector, the State of California to a minimum level as set forth in this Article. The Contractor s and Subcontractors obligation to defend, indemnify and hold harmless the District, Architect, Inspector, the State of California and their officers, employees, agents and independent contractors hereunder shall include, without limitation, any and all claims, damages, and costs for the following: (1) any damages or injury to or death of any person, and damage or injury to, loss (including theft), or loss of use of, any property; (2) breach of any warranty, express or implied; (3) failure of the Contractor or Subcontractors to comply with any applicable governmental law, rule, regulation, or other requirement; and (4) products installed in or used in connection with the Work. The Contractor shall provide the insurance as set forth in the contract and as follows: The amount of comprehensive general liability insurance shall be $1,000, per occurrence for bodily injury, personal injury and property damage. And, subject to the same limit for each person on account of one accident, in an amount not less than $1,000, Automobile liability insurance shall be $1,000, per accident for bodily injury and property damage combined single limit. Worker s Compensation and Employer s Liability shall be set in accordance with sections 3700 and 3800 of the Labor Code of the State of California. Employer s Liability limits of $1,000, per accident for bodily injury or disease. INTERPRETATION OF CONTRACT DOCUMENTS. If any person is in doubt as to the true meaning of any part of the specifications or other contract documents, or finds discrepancies or omissions in the specifications, they may submit to the Hemet Unified School District a written request for an interpretation or correction. Requests for interpretations shall be made in writing and delivered to the Hemet Unified School District by mail at 1791 W. Acacia Ave., Hemet, Ca , or by facsimile to at least ten (10) days before the time announced for opening the bids. The requesting party is responsible for prompt delivery of any requests. When the Hemet Unified School District considers interpretations necessary, interpretations will be in the form of an addendum to the contract documents, and when issued, will be sent as promptly as is practical to all parties recorded by the Hemet Unified School District as having received contract documents. All such addenda shall become a part of the contract. Oral and other interpretations or clarifications shall be without legal or contractual effect. It is the responsibility of each bidder to ensure the Hemet Unified School District has their correct business name and address on file. LATE BIDS. Late bids will not be considered and will be returned to bidders unopened. It is the bidders responsibility to ensure that their bids have sufficient time to be received by the Purchasing Department before bid opening. 12

13 LIQUIDATED DAMAGES. In accordance with Public Contract Code Section 10226, it is agreed that in the event of a breach of this agreement by the Contractor, in that the completion is delayed beyond the specified time for completion, the Contractor shall pay the District, as liquidated damages and not as a penalty, the sum of FIVE HUNDRED DOLLARS ($500.00) per day, per site, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses that might result from such breach. Time is of the essence in this contract, if the work is not completed in accordance with the time outlined in the Invitation to Bid, FORTY FIVE CALENDAR DAYS (45), it is understood that the District will suffer damage. The completed work must be according to specifications and accepted by the District. If Execution of this contract shall be delayed or suspended and if such failure arises out of causes beyond the control of and without fault or negligence of the Contractor, the Contractor shall notify the Hemet Unified School District, in writing, within twenty-four (24) hours, after the delay. Such causes may include, but are not limited to Acts of God, war, or acts of public enemy, acts of any governmental agency, fires, floods, epidemics, strikes, and unusually severe weather. The contractor will notify the District of the cause in writing. The District will ascertain the facts and the extent of the delay and extend the time for completion of the work. The extension of the contract will be based solely on the findings presented and justification of the extension by the contractor. It will be at the sole discretion of the District weather an extension of the contract is granted or not. The Districts decision will be final and conclusive to all parties hereto MEASUREMENTS. It is the responsibility of the Bidder to make all measurements to determine his bid price. The Hemet Unified School District will not be responsible for determining the quantities of materials necessary to complete the work specified. NOMENCLATURES. The terms Successful Bidder, supplier, vendor, or contractor may be used interchangeably in these specifications and shall refer exclusively to the firm with whom the Hemet Unified School District enters into a contract because of this solicitation. NON-COLLUSION AFFIDAVIT. Bidders are required to submit a Non-Collusion Affidavit with their bids. Failure to submit a Non-Collusion Affidavit with your bid may result in disqualification of the bid. OFFERS OF MORE THAN ONE PRICE. No person, firm or corporation shall be allowed to make, or file, or be interested in, or submit more than one bid for the same work. OPENING OF BIDS. All bids, irrespective of irregularities or informalities, will be opened and publicly read aloud at the time announced for the opening of bids. All interested persons are invited to be present at the opening and reading of bids. The public reading will include the names of the bidders, the total amounts bid and the acknowledgment of receipt of bid guaranties. POSTPONEMENT OF OPENING. The Hemet Unified School District reserves the right to postpone the date and time for opening of bids at any time before the date and time announced in the Notice to Contractor. PREFERENCE FOR MATERIALS. The District does not intend that specifications for bids shall be drafted in such a manner as to limit the bidding, directly or indirectly, to any one specific concern, product or service except in those instances where the product or service is designated to match others already in use. If the specifications call for a designated material, product, or service by specific brand or trade name, followed by the words or equal, bidders may furnish 13

14 any equal material, product or service. The bidder assumes responsibility for proving that the product or service offered are equal to those specified, and the bidder will be responsible for furnishing any samples or other information required by the District. All data substantiating an or equal bid must be submitted with the bid package. In those cases involving a unique or novel product application required to be used in public interest, or where only one brand or trade name is known to the District, it may list only one. PREVAILING WAGES. It shall be mandatory upon the Contractor to whom the contract is awarded to pay not less than the said prevailing rates of wages to all workers employed by him in the execution of the contract. Pursuant to provisions of Section 1770, et seq., of the Labor Code of the State of California, the Contractor shall pay its employees the general prevailing rate of wages as determined by the Director of the Department of Industrial Relations. In addition, the Contractor shall be responsible for compliance with the requirements of Section of the California Labor Code relating to apprentices on public works contracts. In accordance with the provisions of section of the Labor Code of the State of California, the Director of Industrial Relations has determined the general prevailing rates of wages and employer payments for health, welfare, vacation, pensions and similar purposes applicable, which is on file in the Hemet Unified School District. The Contractor shall post a copy of these prevailing wage rates at the site of the project. The provisions of Article 2 and 3, Division 2, Chapter 1 of the Labor Code, State of California, are made by this reference a part of this solicitation. PRICE DISCREPANCIES. In the event that there are unit price items in a bid schedule and the "amount" indicated for a unit price of a bid item does not equal the product of the unit price and quantity listed, the unit price shall govern and the amount will be corrected accordingly. The Contractor will be bound by said corrections, subject to the provisions of Section 5100 et seq. of the California Public Contract Code. If there is more than one bid item in a bid schedule, and the total indicated for the schedule does not agree with the sum of prices of the individual bid items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly. PRICES. All bids shall give the prices proposed, both in writing and in figures, shall give all other information requested herein, and shall be signed by the Bidder s authorized representative. Bid prices shall include everything necessary for the completion of construction and fulfillment of the contract including but not limited to furnishing all materials, equipment, tools, facilities and all management, superintendence, labor, services, taxes, licenses and permits required to complete the work in accordance with the contract documents, except as may be provided otherwise in the contract documents. The work and the bid price shall also include providing the necessary safety precautions such as barricades, warning signs for protection of the public and any necessary cleanup that is required to restore the work site to a satisfactory condition. Any items shown on the plans or details or described in the specifications that are not specifically listed in the bid item are to be considered included in the bid item and no additional or special compensation will be allowed. In the event that there is more than one bid item in the bid schedule, the Bidder shall furnish a price for all bid items in the schedule, and failure to do so will render the bid as non-responsive and may cause its rejection. The total amount of the bid will be the sum of the total prices of all items in the bid schedule. The total amount of the bid will be the sum of the total prices of all items in the bid schedule. The total price of unit price items will be the product of the unit price and estimated quantity of the item. In case of discrepancy between the unit price and total price of an item, the unit price shall prevail if the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, it shall be the amount obtained by dividing the amount set forth as the total price by the estimated quantity of the item. 14

15 PROTECTION OF STUDENTS Adequate warning devices, barricades, guards, flagmen or other necessary precautions shall be taken by the Contractor to give advised and reasonable protection, safety and warning to all students and employees in the area. QUALIFICATION OF BIDDERS. Each bidder shall be skilled and regularly engaged in the general class or type of work called for under the contract. The bidder's experience shall be set forth and submitted on the form provided herewith. It is the intention of the Hemet Unified School District to award a contract to a bidder who furnishes satisfactory evidence that the bidder has the requisite experience, ability, sufficient capital, facilities, and plant to enable the bidder to prosecute the work successfully and properly, and to complete it within the time specified in the contract. To determine the degree of responsibility to be credited to the bidder, the Hemet Unified School District will weigh any evidence that the bidder has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress. In selecting the lowest responsive and responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered specified in the contract documents. To this end, each Bid shall be supported by a statement of the bidder s experience on the form entitled Bidder s Experience, which is a part of the contract documents. QUESTIONS, INTERPRETATION, OR CORRECTION OF BID DOCUMENTS. Bidders shall notify the Director of Purchasing promptly of any error, omission, or inconsistency that may be discovered during examination of the solicitation. Requests for interpretation, correction, or clarification shall be made in writing to the Director of Purchasing. Questions regarding this bid must be submitted in writing, either by mail or facsimile, to Donald Rosales, Director of Purchasing at 1791 W. Acacia Ave., Hemet, Ca , shall arrive at least five (5) working days before the Submittal Deadline. Any questions received after the deadline will not be addressed. Bidder s company name, address, phone and fax number, and contact person must be included with the questions or comments. Oral questions may be presented at any pre-bid conference held for this bid. REJECTION OF BIDS, WAIVER OF INFORMALITIES. The Hemet Unified School District reserves the right to reject any or all bids or any part of a bid and to waive any irregularities or informalities in the bid or bidding process. RULES FOR SUBMITTING BIDS. Bid Submittal Deadline. The Bid Submittal Deadline is: March 17, 2015 at 10:00:00 A.M. Bids must arrive in the Purchasing Department, 1791 W. Acacia Ave., Hemet, Ca , by bid deadline. Bidders are solely responsible for ensuring their Bid is received by the Purchasing Department in accordance with the bid requirements, before the Bid Submittal Deadline, and at the place specified. The Hemet Unified School District shall not be responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Delivery of bid shall be made at the office specified in the Notice to Contractors. Deliveries made before the Date & Time Due but to the wrong department will be considered non-responsive unless re-delivery is made to the office specified before the Date & Time Due and time specified in the Notice to Contractors. SELL OR ASSIGN. The successful bidder shall not have the right to sell, assign, or transfer any rights or duties under this contract without the specific written consent of the Hemet Unified School District. 15

16 SEVERABILITY. If any provision or any portion of any provision, of any contract resulting from this bid shall be held invalid, illegal, or unenforceable, the remaining provisions or portions of any provisions shall be valid and enforceable to the extent possible. SPECIFICATIONS & SITE OF WORK, INSPECTION OF. It is the responsibility of the Bidder to carefully and personally examine the specifications and site of the proposed work, access to the work, aboveground and underground utilities, buildings, structures or other improvements that may be within the limits of the work or adjacent to the work and which may or may not be shown on the plans, public safety and traffic requirements. Bidders are required to inspect the site of work in order to judge for themselves, by personal examination or by such other means, as they may prefer, of the location and as to the actual conditions of and at the site of work and the proposed work and the nature and extent of the work to be done. If, during the course of the site inspection a bidder finds facts or conditions which appear to conflict with the letter or spirit of the contract documents, or with any other furnished data, the bidder may apply to the Hemet Unified School District for additional information and explanation before submitting a bid. Bidders are required to inspect the site of the work in order to satisfy themselves, by examination or by such other means deemed appropriate, of the location of the proposes work and of the actual conditions at the site of work. If a bidder finds facts or conditions that appear to be in conflict with the plans and specifications the bidder may apply to the Hemet Unified School District, in accordance with these bid documents, for additional information and/or clarification before submitting its bid. However, no such supplemental information or clarification so requested or furnished shall vary the terms of the specifications of the work to be performed unless included in an Addendum to this bid document that is issued by the Hemet Unified School District. The submission of a bid by a bidder shall constitute the acknowledgment that it has relied and is relying on its own examination of (a) the site of the work, (b) the access to the site and (c) all other data, matter and things requisite to the fulfillment of the work and on its own knowledge of existing services and utilities on and in the vicinity of the site of the work to be construed under the contract, and not on any representations or warranty by the District. No claim will be allowed for additional compensation that is based upon a lack of knowledge of the above items. SPECIFICATIONS, DEFINITION. The term "specification" or "bid specification" as used in this solicitation shall be interpreted to mean all the pages that make up this bid solicitation, including but not limited to the Notice to Contractors, Instructions To Bidder, Terms and Conditions, Detailed Specifications or Scope of Work, Contractor's Bid form, Proposed Equipment & Material Manufacturers form, Experience Statement, Subcontractor's List, Workers Compensation Insurance Certificate, Contractor Guaranty statement and Bid Security Bond. SUBCONTRACTORS. In accordance with California Public Contract Code Section 4100, each bid shall listed on the form provided by the Hemet Unified School District: (a) The type of work to be performed and the name and location of the place of business of each subcontractor who will perform work or labor or render services to the Bidder in or about the construction of the work or improvement; or (b) of any subcontractor licensed by the State of California who, under subcontract to the Bidder, will specially fabricate and install a portion of the work or improvement according to the detailed plans and specifications, in an amount in excess of one-half of one percent of the total amount of the bid; or (c) in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of one percent of the Bidder s total bid or ten thousand dollars ($10,000), whichever is greater. For the purpose of this section, a subcontractor is defined as one who contracts with the successful bidder/contractor to furnish materials and labor, or labor only, for the performance of onsite work or who will specially fabricate a portion of the work offsite, pursuant to detailed plans and specifications in the contract documents. 16