Bid No. B17-07 HVAC Controls

Transcription

1 Bid No. B17-07 HVAC Controls INFORMAL BID ***Pre-Qualified Contractors Only*** BID DUE DATE: WEDNESDAY, February 1, 2017, 2:00P.M. CABRILLO COMMUNITY COLLEGE DISTRICT PURCHASING, CONTRACTS & RISK MANAGEMENT OFFICE 6500 SOQUEL DR., BUILDING 2030 APTOS, CA BID RFI QUESTIONS DUE: THURSDAY, JANUARY 19, 2017, 2:00P.M. CONTACTS: BID DOCUMENTS: GALE STEVENS, BUYER CABRILLO COLLEGE: JOE NUGENT, DIRECTOR FACILITIES PLANNING & PLANT OPERATIONS PROJECT MANAGER: TOM WYNER, ASSISTANT DIRECTOR FACILITIES PLANNING & PLANT OPERATIONS

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3 TABLE OF CONTENTS Document Description Section Table of Contents Notice Calling for Bids Instructions for Bidders Bid Proposal Pre-Bid Inquiry Form Subcontractors List Bid Bond Certification of Pre-Qualification Application DIR Registration Verification Non-Collusion Affidavit Certificate of Workers Compensation Insurance Drug Free Workplace Certification Contract; Terms and Conditions of Contract Performance Bond Labor and Materials Payment Bond Guarantee Form Special Conditions Attachment A Attachment B Scope of Work Calendar Calendar B17-07 HVAC CONTROLS Page 3 Table of Contents; Section

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5 NOTICE CALLING FOR BIDS (Prequalified Contractors Only) CABRILLO COMMUNITY COLLEGE DISTRICT DISTRICT PROJECT DESCRIPTION RFI QUESTIONS DUE LATEST TIME/DATE FOR SUBMISSION OF BID PROPOSALS LOCATION FOR SUBMISSION OF BID PROPOSALS LOCATION FOR OBTAINING BID AND CONTRACT DOCUMENTS CABRILLO COMMUNITY COLLEGE DISTRICT B17-07 HVAC CONTROLS THURSDAY, JANUARY 19, 2017, 2:00P.M. 2:00 PM Wednesday, February 01, 2017 CABRILLO COLLEGE PURCHASING DEPARTMENT BUILDING SOQUEL DRIVE APTOS, CA (831) DISTRICT S WEBSITE: NOTICE IS HEREBY GIVEN that pursuant to the Alternative Bidding Procedures established under Public Contract Code et seq. CABRILLO COMMUNITY COLLEGE DISTRICT ( District ), acting by and through its Board of Trustees, will receive up to, but not later than the above-stated date and time, sealed Bid Proposals for the Contract for the Work generally described as B17-07 HVAC CONTROLS. 1. Submittal of Bid Proposals. All Bid Proposals must be submitted on forms furnished by the District at or prior to the latest time for submission of Bid Proposals and the District s opening of Bid Proposals. Bid Proposals will be accepted by the District only if the Bidder submitting the Bid Proposal has completed the District s Informal Bidding Pre-Qualification Application and been deemed a Qualified Contractor for the nature and scope of the Work hereunder. The Bid Proposal of a Bidder who is not a Qualified Contractor for the nature and scope of work will be rejected for non-responsiveness. 2. Bid and Contract Documents. The Bid and Contract Documents are available on the Internet at the District s website, Bidders may download, at no charge, the Project Contract Documents, including Drawings, Specifications and/or other Project requirements directly from our web site. 3. Project Planholder List. No Pre-Bid Conference or Job Walk is scheduled. Bidders bear sole responsibility for downloading the Project Addenda from the District s website, The District will not fax Project Addenda, it will be posted on the website. 4. Documents Accompanying Bid Proposal. The following must be submitted with the Bid Proposal: (i) Non-Collusion Affidavit, (ii) Subcontractors List; (iii) Bid Security; (iv) Certification of Pre- Qualification Statement; and (v) DIR Registration Verification, all of which must be in the form and content included with the Contract Documents. B17-07 HVAC CONTROLS Page 5 Notice Calling for Bids; Section

6 5. Prevailing Wage Rates. Pursuant to California Labor Code 1773, the Department of Industrial Relations of the State of California has determined the generally prevailing rates of wages in the locality in which the Work is to be performed. Copies of these determinations, entitled PREVAILING WAGE SCALE are available for review on the internet at The Contractor awarded the Contract for the Work shall post a copy of all applicable prevailing wage rates for the Work at conspicuous locations at the Site of the Work. The Contractor and all Subcontractors performing any portion of the Work shall pay not less than the applicable prevailing wage rate for the classification of labor provided by their respective workers in prosecution and execution of the Work. During the Work and pursuant to Labor Code (a)(4), the Department of Industrial Relations shall monitor compliance with prevailing wage rate requirements and enforce the Contractor s prevailing wage rate obligations. 6. Contractors License Classification. Pursuant to California Public Contract Code 3300, the District requires that Bidders possess the following classification(s) of California Contractors License at the time that the Contract for the Work is awarded: C-4 Boiler, Hot-Water Heating, C-20 Warm-Air Heating & Air Conditioning, C-36 Plumbing & C-43 Sheet Metal. The Bid Proposal of a Bidder who does not possess a valid and in good standing Contractors License in the classification(s) set forth above will be rejected for non-responsiveness. Any Bidder not so duly and properly licensed shall be subject to all penalties imposed by law. No payment shall be made for work, labor, materials or services provided under the Contract for the Work unless and until the Registrar of Contractors verifies to the District that the Bidder awarded the Contract is properly and duly licensed to perform the Work. 7. Bidder and Subcontractors DIR Registered Contractor Status. Each Bidder must be a DIR Registered Contractor when submitting a Bid Proposal. The Bid Proposal of a Bidder who is not a DIR Registered Contractor when the Bid Proposal is submitted will be rejected for nonresponsiveness. All Subcontractors identified in a Bidder s Subcontractors List must be DIR Registered contractors at the time the Bid Proposal is submitted. The foregoing notwithstanding, a Bid Proposal is not subject to rejection for non-responsiveness for listing Subcontractors in the Subcontractors List who is/are not DIR Registered contractors if such Subcontractor(s) complete DIR Registration pursuant to Labor Code (c)(1) or (2). Further, a Bid Proposal is not subject to rejection if the Bidder submitting the Bid Proposal listed any Subcontractor(s) who is/are not DIR Registered contractors and such Subcontractor(s) do not become DIR Registered pursuant to Labor Code (c)(1) or (2), but the Bidder, if awarded the Contract, must request consent of the District to substitute a DIR Registered Subcontractor for the non-dir Registered Subcontractor pursuant to Labor Code (c)(3), without adjustment of the Contract Price or the Contract Time. 8. Contract Time. The Work shall be commenced on the date stated in the District s Notice to Proceed. Time and Materials as needed through June 30, Substantial Completion of the Work shall be achieved within the time set forth in Contract Documents after the date for commencement of the Work established in the Notice to Proceed issued by the District. Failure to achieve Substantial Completion within the Contract Time will result in the assessment of Liquidated Damages as set forth in the Contract. 9. Bid Security. Each Bid Proposal shall be accompanied by Bid Security in an amount equal to TEN PERCENT (10%) of the maximum amount of the Bid Proposal, inclusive of any additive Alternate Bid Item(s). Failure of any Bid Proposal to be accompanied by Bid Security in the form and in the amount required shall render such Bid Proposal to be non-responsive and rejected by the District. B17-07 HVAC CONTROLS Page 6 Notice Calling for Bids; Section

7 10. Payment Bond; Performance Bond. Prior to commencement of the Work, the Bidder awarded the Contract shall deliver to the District a Payment Bond and a Performance Bond issued by a California Admitted Surety in the form and content included in the Contract Documents each of which shall be in a penal sum equal to One Hundred Percent (100%) of the Contract Price. 11. Pre-Bid Inquiries. Bidders may submit pre-bid inquiries or clarification requests. Bidders are solely and exclusively responsible for submitting such inquiries or clarification requests by the deadline date and time of Thursday, January 19, 2017, 2:00PM. The District will not respond to any bidder inquiries or clarification requests, unless such inquiries or clarification requests are submitted timely to: Gale Stevens, Buyer, gasteven@cabrillo.edu and copied to, purchasing@cabrillo.edu. 12. No Withdrawal of Bid Proposals. Bid Proposals shall not be withdrawn by any Bidder for a period of sixty (60) days after the opening of Bid Proposals. During this time, all Bidders shall guarantee prices quoted in their respective Bid Proposals. 13. Pre-Bid Conference and Job-Walk. No Pre-Bid Conference or Job Walk is scheduled. 14. Waiver of Irregularities. The District reserves the right to reject any or all Bid Proposals or to waive any irregularities or informalities in any Bid Proposal or in the bidding. 15. Award of Contract. Pursuant to Resolutions adopted by the District s Board of Trustees, the Contract for the Work, if awarded, will be awarded to the responsible Bidder submitting the lowest priced responsive Bid Proposal. If the Bid Proposal requires Bidders to propose prices for Alternate Bid Items, the District s selection of Alternate Bid Items, if any, for determination of the lowest priced Bid Proposal and for inclusion in the scope of the Contract to be awarded shall be in accordance with the Instructions for Bidders. /s/ CABRILLO COMMUNITY COLLEGE DISTRICT [END OF SECTION] B17-07 HVAC CONTROLS Page 7 Notice Calling for Bids; Section

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9 INSTRUCTIONS FOR BIDDERS CABRILLO COMMUNITY COLLEGE DISTRICT 1. Preparation and Submittal of Bid Proposal. All information required by the bid forms must be completely and accurately provided. Numbers shall be stated in both words and figures where so indicated in the bid forms; conflicts between a number stated in words and in figures are governed by the words. Partially completed Bid Proposals or Bid Proposals submitted on other than the bid forms included herein are non-responsive and will be rejected. Bid Proposals shall be submitted in sealed envelopes bearing on the outside the Bidder s name and address and identification of the Work for which the Bid Proposal is submitted. Bidders are solely responsible for timely submission of Bid Proposals to the District at the place designated in the Call for Bids. The District will place a date/time stamp machine in a conspicuous location at the place designated for submittal of Bid Proposals. A Bid Proposal is submitted only if the outer envelope containing the Bid Proposal is stamped by the District s date/time stamp machine. The official U.S. time-clock website: is controlling and determinative as to the time of the Bidder s submittal of the Bid Proposal. The foregoing notwithstanding, whether or not Bid Proposals are opened exactly at the time fixed in the Call for Bids, no Bid Proposals shall be received or considered by the District after it has commenced the public opening and reading of Bid Proposals; Bid Proposals submitted after such time are non-responsive and will be returned to the Bidder unopened. Any Bidder may withdraw or modify its Bid Proposal by written request actually received by the District prior to the scheduled closing time for the receipt of Bid Proposals and the District s public opening and reading of Bid Proposals. 2. Bid Security. Each Bid Proposal shall be accompanied by Bid Security in the form of: (i) cash, (ii) a certified or cashier s check made payable to the District or (iii) a Bid Bond, in the form and content attached hereto, in favor of the District executed by the Bidder as a principal and a Surety as surety (the Bid Security ) in an amount not less than the percentage of the maximum amount of the Bid Proposal set forth in the Call for Bids. Any Bid Proposal submitted without the required Bid Security is non-responsive and will be rejected. If the Bid Security is in the form of a Bid Bond, the Bid Bond must be in the form and content included herein and the Surety is an Admitted Surety Insurer under Code of Civil Procedure Modifications. Changes to the bid forms which are not specifically called for or permitted may result in the District s rejection of the Bid Proposal as being non-responsive. Bid Proposals must not contain any erasures, interlineations or other corrections unless the same are suitably authenticated by affixing in the margin immediately opposite such erasure, interlineation or correction the surname(s) of the person(s) signing the Bid Proposal. Any Bid Proposal not conforming to the foregoing may be deemed by the District to be non-responsive. If any Bid Proposal or portions thereof, is determined by the District to be illegible, ambiguous or inconsistent, whether by virtue of any erasures, interlineations, corrections or otherwise, the District may reject such a Bid Proposal as being non-responsive. 4. Examination of Site and Contract Documents. Each Bidder shall, at its sole cost and expense, inspect the Site to become fully acquainted with conditions affecting the Work and carefully review the Contract Documents; submission of a Bid Proposal is prima facie evidence of such action by the Bidder. The failure of a Bidder to receive or examine any of the Contract Documents or to inspect the Site shall not relieve such Bidder from any obligation under the Contract Documents. 5. District s Right to Modify Contract Documents. Before the opening of Bid Proposals, the District may modify the Work, the Contract Documents, or any portion(s) thereof by the issuance of written addenda disseminated to all Bidders who have obtained the Contract Documents. If the District issues any addenda during the bidding, the failure of any Bidder to acknowledge such B17-07 HVAC CONTROLS Page 9 Instructions for Bidders; Section

10 addenda in its Bid Proposal will render the Bid Proposal non-responsive and rejected. 6. Bidder s Assumptions. The District is not responsible for any assumptions made or used by the Bidder in calculating its Bid Proposal Amount including, without limitation, assumptions regarding costs of labor, materials, equipment or substitutions/alternatives for any material, equipment, product, item or system incorporated into or forming a part of the Work which have not been previously expressly approved and accepted by the District. The successful Bidder, upon award of the Contract by the District, if any, will be required to complete the Work for the amount bid in the Bid Proposal within the Contract Time and in accordance with the Contract Documents. 7. Non-Collusion Affidavit. No person or entity shall submit or be interested in more than one Bid Proposal for the Work; provided, however, that a person or entity that has submitted a subproposal to a Bidder or who has quoted prices for materials to a Bidder is not thereby disqualified from submitting a sub-proposal, quoting prices to other Bidders or submitting a Bid Proposal for the Work. The form of Non-Collusion Affidavit included in the Contract Documents must be completed and duly executed on behalf of the Bidder; failure of a Bidder to submit a completed and executed Non-Collusion Affidavit with its Bid Proposal will render the Bid Proposal nonresponsive. 8. DIR Registration DIR Registration Verification Form. Each Bidder must complete and submit with its Bid Proposal the form of DIR Registration Verification included with the Contract Documents. A Bid Proposal submitted without the DIR Registration Verification duly completed and executed by the Bidder will result in rejection of the Bid Proposal for non-responsiveness Subcontractors DIR Registration. Each Bidder must set forth the DIR Registration number for each subcontractor identified in the Bidder s Subcontractors List (Column E of Subcontractors List Form). A Bidder who does not provide the DIR Registration number of any listed Subcontractor at the time of submitting the Subcontractors List must provide the DIR Registration number for all listed Subcontractors within twenty-four (24) hours of the opening of Bid Proposals. Failure of a Bidder to do so will result in rejection of the Bidder s Bid Proposal for non-responsiveness. 9. Award of Contract Award to Lowest Responsive Responsible Bidder. The award of the Contract, if made by the District, will be to the responsible Bidder submitting the lowest priced responsive Bid Proposal on the basis of the Base Bid Proposal or the Base Bid Proposal and Alternate Bid Items, if any, selected in accordance with these Instructions for Bidders. District evaluation of the lowest bidder will be based strickly on hourly rates. There are four (4) labor/service type classifications, these 4 labor/service type classifications will be added together and divided by 4 to get the average. The average hourly rate will be the how the low bid is calculated. Billable hours shall NOT include travel time to Cabrillo, except for travel between campuses during service hours Selection of Alternate Bid Items. The selection of Alternate Bid Items for inclusion in the scope of the Work of the Contract to be awarded and for determination of the lowest Bid Proposal based upon the Base Bid Proposal and the combination of Alternate Bid Items selected for inclusion in the Contract to be awarded will be by a blind-bidder process Alternate Bid Items Not Included in Award of Contract. Bidders are referred to the provisions of the Contract Documents permitting the District, during performance of the Work, add or delete from the scope of the Work any or all of the Alternate Bid Items with the cost or credit of the same being the amount(s) set forth by in the Alternate Bid Items Proposal. B17-07 HVAC CONTROLS Page 10 Instructions for Bidders; Section

11 10. Subcontractors. Each Bidder shall submit a list of its proposed Subcontractors whose work is valued at one-half of one percent (.05%) or more of the Bid Proposal amount. All Bidders are encouraged to disseminate all of the Contract Documents to all persons or entities submitting sub-bids to the Bidder. The omission of any portion or item of Work from the Bid Proposal or from the sub-bidders sub-bids which is/are necessary to produce the intended results and/or which are reasonably inferable from the Contract Documents is not a basis for adjustment of the Contract Price or the Contract Time. 11. Verification of Pre-Qualification Application Information. Each Bidder shall complete, execute and submit with its Bid Proposal the form of Verification of Prequalification Application Information included herewith confirming that there are no material adverse changes to any of the information provided by the Bidder in its Prequalification Application. The District expressly reserves the right to verify information provided by the Bidder in its Prequalification Application has not been subject to material adverse changes. If in the reasonable determination of the District, material adverse changes have occurred to the information provided by a Bidder in its Prequalification Application, the District may reject the Bid Proposal of such Bidder for nonresponsiveness. 12. Workers Compensation Insurance. Pursuant to California Labor Code 3700, the successful Bidder shall secure Workers Compensation Insurance for its employees engaged in the Work of the Contract. The successful Bidder shall sign and deliver to the District the form of Workers Compensation Insurance included with the Contract Documents. 13. Bid Security Return of Bid Security. The Bid Security of three or more low Bidders, the number being solely at the discretion of the District, will be held by the District for ten (10) days after the period for which Bid Proposals must be held open (which is set forth in the Call for Bids) or until posting by the successful Bidder of the bonds, certificates of insurance required and return of executed copies of the Agreement, whichever first occurs, at which time the Bid Security of such other Bidders will be returned to them Forfeiture of Bid Security. If the Bidder awarded the Contract fails or refuses to execute the Agreement within five (5) days from the date of receiving notification that it is the Bidder to whom the Contract has been awarded, the District may declare the Bidder s Bid Security forfeited as damages caused by the failure of the Bidder to enter into the Contract and may thereupon award the Contract for the Work to the responsible Bidder submitting the next lowest Bid Proposal or may call for new bids, in its sole and exclusive discretion. 14. Pre-Bid Conference and Job-Walk. ***No Pre-Bid Conference or Job Walk is scheduled.*** The District will conduct a Pre-Bid Conference and Job-Walk(s) at the time(s) and place(s) designated in the Call for Bids. The District may, in its sole and exclusive discretion, elect to conduct one or more Job-Walk(s) in addition to that set forth in the Call for Bids, in which event the District shall notify all Bidders who have theretofore obtained the Contract Documents pursuant to the Call for Bids of any such additional Job-Walk. If the District elects to conduct any Job-Walk in addition to that set forth in the Call for Bids, the District shall, in its notice of any such additional Job-Walk(s), indicate whether Bidders attendance at such additional Job-Walk(s) is/are mandatory. If the Job Walk is mandatory, the failure of any Bidder to have its authorized representative(s) present at the Mandatory Job-Walk or any additional Mandatory Job-Walk called by the District will render the Bid Proposal of such Bidder to be non-responsive. The District will reject the Bid Proposal of a Bidder who obtains the Bid and Contract Documents after the date of the Mandatory Job-Walk set forth in the Call for Bids. B17-07 HVAC CONTROLS Page 11 Instructions for Bidders; Section

12 15. Public Records. Bid Proposals and other documents responding to the Call for Bids become the exclusive property of the District upon submittal to the District. Upon the District s issuance of the Notice of Intent to award the Contract, all Bid Proposals and other documents submitted in response to the Call for Bids shall thereupon be considered public records, except for information contained in such Bid Proposals deemed to be Trade Secrets (as defined in California Civil Code ). A Bidder that indiscriminately marks all or most of its Bid Proposal as exempt from disclosure as a public record, whether by the notations of Trade Secret Confidential Proprietary or otherwise, may render the Bid Proposal non-responsive and rejected. The District is not liable or responsible for the disclosure of such records, including those exempt from disclosure if disclosure is deemed required by law, by an order of Court, or which occurs through inadvertence, mistake or negligence on the part of the District or its agents and representatives. If the District is required to defend or otherwise respond to any action or proceeding wherein request is made for the disclosure of the contents of any portion of a Bid Proposal deemed exempt from disclosure hereunder, the Bidder submitting the materials sought by such action or proceeding agrees to defend, indemnify and hold harmless the District in any action or proceeding from and against any liability, including without limitation attorneys fees arising therefrom. The party submitting materials sought by any other party shall be solely responsible for the cost and defense in any action or proceeding seeking to compel disclosure of such materials; the District s sole involvement in any such action shall be that of a stakeholder, retaining the requested materials until otherwise ordered by a court of competent jurisdiction. 16. Notice of Intent to Award Contract. Following the opening and reading of Bid Proposals, the District will issue to Bidders who have timely submitted a Bid Proposal, a Notice of Intent to Award the Contract, identifying the responsible Bidder submitting the lowest priced responsive Bid Proposal and to whom the District intends to award the Contract. 17. Bid Protest Submission Requirements. Any Bidder submitting a Bid Proposal may file a protest of the District s intent to award the Contract provided that each and all of the following are complied with: (i) the bid protest is in writing; (ii) the bid protest is filed and received by the District s Assistant Superintendent/Vice President, Administrative Services, not more than three (3) calendar days following the date of issuance of the District s Notice of Intent to Award the Contract; and (iii) the written bid protest sets forth, in detail, all grounds for the bid protest, including without limitation all facts, supporting documentation, legal authorities and argument in support of the grounds for the bid protest; any matters not set forth in the written bid protest shall be deemed waived. All factual contentions must be supported by competent, admissible and creditable evidence. Any bid protest not conforming to the foregoing shall be rejected by the District as invalid District Review and Disposition. Provided that a bid protest is filed in strict conformity with the foregoing, the District s Assistant Superintendent/Vice President, Administrative Services, or such individual(s) as may be designated by him/her ( District Designee ), will review and evaluate the bid protest. The District s Vice President, Administrative Services, or the District Designee are authorized to take final action on behalf of the District relating to a bid protest and will provide the Bidder submitting the bid protest with a written statement concurring with or denying the bid protest ( Bid Protest Disposition ). The Bid Protest Disposition is not subject to District administrative review or appeal. The issuance of a Bid Protest Disposition by the District s Vice President, Administrative Services, or the District Designee is an express condition precedent to the institution of any legal or equitable proceedings relative to the bidding process, the District s award of the Contract, the District s disposition of any bid protest or the District s decision to reject all Bid Proposals. If any legal or equitable proceedings are instituted relating to a bid protest, award of the Contract or the bidding process and the District is named as a party B17-07 HVAC CONTROLS Page 12 Instructions for Bidders; Section

13 thereto, the prevailing party(ies) shall recover from the other party(ies), as costs, all attorneys fees and costs incurred in connection with any such proceeding, including any appeal arising therefrom. [END OF SECTION] B17-07 HVAC CONTROLS Page 13 Instructions for Bidders; Section

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15 BID PROPOSAL CABRILLO COMMUNITY COLLEGE DISTRICT PROJECT: B17-07 HVAC CONTROLS Bidder Name Bidder Representative(s) Bidder Representative(s) Contact Information Bidder Mailing Address California Contractors License Name and Title Name and Title Address(es) Phone/Fax ( ) Telephone ( ) Fax Address City/State/Zip Code Number Classification and Expiration Date 1. Bid Proposal. Bid Proposal Amount. The undersigned Bidder proposes and agrees to furnish and install the Work including, without limitation, providing and furnishing any and all labor, materials, tools, equipment and services necessary to complete, in a workmanlike manner in accordance with the Contract Documents, all of the Work described as: B17-07 HVAC CONTROLS: Please provide a price for Time to be used as needed. Billable hours shall NOT include travel time to Cabrillo, except for travel between campuses during service hours. Labor, per hour: C-4 Boiler, Hot Water Heating & Steam Fitting Contractor: $ Dollars (in words; printed or typed) C-20 Warm-Air Heating. Ventilating and Air-Conditioning Contractor: $ Dollars (in words; printed or typed) B17-07 HVAC CONTROLS Page 15 Bid Proposal; Section

16 C-36 Plumbing Contrator: $ Dollars (in words; printed or typed) C-43 Sheet Metal Contractor: $ Dollars (in words; printed or typed) Materials: Materials cost to the District will be set at 15% above cost of materials to contractor (Not List Prices). Contractor cost plus 15%. Awarded contractor must provide proof of cost when requested from District. Prices for labor and materials should be held through June 30, Services to be used as needed but contract to be based on a do not exceed amount of $170,000 over a time period of March 2017 through June The Bidder confirms that it has checked all of the above figures and understands that neither the District nor any of its agents, employees or representatives shall be responsible for any assumptions, errors or omissions on the part of the undersigned Bidder in preparing and submitting this Bid Proposal Acknowledgment of Bid Addenda. The Bidder confirms that this Bid Proposal incorporates and is inclusive of, all items or other matters contained in Bid Addenda issued by or on behalf of the District. (Initials) Addenda Nos. received, acknowledged and incorporated into this Bid Proposal Alternate Bid Items. If the bidding includes Alternate Bid Items, the Bidder s price proposal(s) for Alternate Bid Items is/are set forth in the form of Alternate Bid Item Proposal attached to this Bid Proposal. Price proposal(s) for Alternate Bid Item(s) will not form the basis for the District s award of the Contract unless an Alternate Bid Item is incorporated into the scope of Work of the Contract awarded. 2. Documents Accompanying Bid Proposal. The Bidder has submitted with this Bid Proposal the following: (i) Non-Collusion Affidavit, (ii) Subcontractors List; (iii) Bid Security; (iv) Certification of Pre-Qualification Statement; and (v) DIR Registration Verification. The Bidder acknowledges that if this Bid Proposal and the foregoing documents are not fully in compliance with applicable requirements set forth in the Call for Bids, the Instructions for Bidders and in each of the foregoing documents, the Bid Proposal may be rejected for nonresponsiveness. B17-07 HVAC CONTROLS Page 16 Bid Proposal; Section

17 3. Award of Contract. Within five (5) days after notification of award of the Contract, the Bidder awarded the Contract shall execute and deliver to the District the Contract in the form attached hereto along with: (i) Certificates of Insurance evidencing all insurance coverages required under the Contract Documents; (ii) the Performance Bond; (iii) the Labor and Material Payment Bond; (iv) the Certificate of Workers Compensation Insurance; and (v) the Drug- Free Workplace Certificate. Failure of the Bidder awarded the Contract to strictly comply with the preceding may result in the District s recession of the award of the Contract and/or forfeiture of the Bidder s Bid Security. In such event, the District may, in its sole and exclusive discretion elect to award the Contract to the responsible Bidder submitting the next lowest priced Bid Proposal, or to reject all Bid Proposals. 4. Contractors License. The Bidder certifies that: (i) it is duly licensed, in the necessary class(es), for performing the Work of the Contract Documents, as designated by the District; (ii) that such license shall be in full force and effect throughout the duration of the performance of the Work under the Contract Documents; and (iii) that all Subcontractors providing or performing any portion of the Work are and shall remain properly licensed to perform or provide such portion of the Work. 5. Agreement to Bidding Requirements and Attorney s Fees. The undersigned Bidder acknowledges and confirms its receipt, review and agreement with, the contractual requirements set forth in this Bid Proposal and the Contract Documents. By executing this Bid Proposal hereinbelow, the Bidder expressly acknowledges and agrees that if the Bidder institutes any legal or equitable proceedings in connection with this Bid Proposal and the District is named as a party thereto, the prevailing party(ies) shall recover from the other party(ies), as costs, all attorneys fees and costs incurred in connection with any such proceeding, including any appeal arising therefrom. This provision shall constitute a binding attorneys fee agreement in accordance with and pursuant to California Civil Code 1717 which shall be enforceable against the Bidder and the District. This attorneys fee provision shall be solely limited to legal or equitable proceedings arising out of a bid protest or the bidding process and shall not extend to or have any force and effect on the Contract for the Work or to modify the terms of the Contract Documents for the Work. 6. Acknowledgment and Confirmation. The undersigned Bidder acknowledges its receipt, review and understanding of the Drawings, the Specifications Scope of Work and other Contract Documents pertaining to the proposed Work. By submitting this Bid Proposal, the undersigned Bidder certifies that the Contract Documents are, in its opinion, adequate, feasible, accurate and complete for the Bidder to complete the Work in a workmanlike manner within the Contract Time and for the price proposed herein. The undersigned Bidder warrants and represents to the District that it has, or has available, all necessary equipment, personnel, materials, facilities and technical and financial ability to complete the Work for the amount bid herein, within the Contract Time and in accordance with the Contract Documents. Dated: By: (Signature of Bidder s Authorized Officer or Representative) (Typed or Printed Name) Title: B17-07 HVAC CONTROLS Page 17 Bid Proposal; Section

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19 ALTERNATE BID ITEMS PROPOSAL CABRILLO COMMUNITY COLLEGE DISTRICT Bidder Name: Project: B17-07 HVAC CONTROLS Bidders must provide a proposal price for each Alternate Bid Item set forth herein; failure to do so will result in rejection of the Bid Proposal for non-responsiveness. The amount proposed for each Alternate Bid Item by the above-identified Bidder is set forth hereinbelow: 1. Alternate Bid Item No. 1. [ NONE NOT APPLICABLE ] Add to Base Bid Proposal Amount. Deduct from Base Bid Proposal Amount. (Check appropriate box indicating additive or deductive cost; failure to do so will result in rejection of Bid Proposal for non-responsiveness) $,,. Dollars (in words; printed or typed) 2. Alternate Bid Item No. 2. [ NONE NOT APPLICABLE ] Add to Base Bid Proposal Amount. Deduct from Base Bid Proposal Amount. (Check appropriate box indicating additive or deductive cost; failure to do so will result in rejection of Bid Proposal for non-responsiveness) $,,. Dollars (in words; printed or typed) Dated: By: (Signature of Bidder s Authorized Officer or Representative) (Typed or Printed Name) Title: B17-07 HVAC CONTROLS Page 19 Bid Proposal; Section

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21 PRE-BID INQUIRY FORM CABRILLO COMMUNITY COLLEGE DISTRICT Project: B17-07 HVAC CONTROLS Bidder inquiries shall be responded to only if: (i) submitted on this Pre-Bid Inquiry Form; (ii) this completed Pre-Bid Inquiry Form is submitted prior to the latest date/time for submittal of pre-bid inquiries as set forth in the Call for Bids; and (ii) this completed Pre-Bid Inquiry Form is submitted to the person or entity noted in the Call for Bids. (This Pre-Bid Inquiry Form is available electronically upon request.) inquiries to: Gale Stevens, Buyer, and copied to, Deadline: Thursday, January 19, 2017, 2:00PM Item No. Item Description Drawing Sheet No. & Detail No. Reference Specifications Section and Paragraph No. Reference Submitted By: (Bidder Name) (Signature of Bidder s Authorized Employee, Officer or Representative) Submittal Date: Bidder Contact Information: (Bidder Contact Name) (Phone and Fax) ( Address) B17-07 HVAC CONTROLS Page 21 Pre-Bid Inquiry Form; Section

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23 SUBCONTRACTORS LIST CABRILLO COMMUNITY COLLEGE DISTRICT Project: B17-07 HVAC CONTROLS Name of Bidder: Authorized Signature: (A) Licensed Name of Subcontractor (B) Subcontractor Office, Mill or Shop Address (C) Subcontractor Trade/Portion of Work (D) Subcontractor Contractors License No. (E) Subcontractor DIR Registration No. [Duplicate this page as necessary to list additional Subcontractors] B17-07 HVAC CONTROLS Page 23 Subcontractors List; Section

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25 BID BOND CABRILLO COMMUNITY COLLEGE DISTRICT KNOW ALL MEN BY THESE PRESENTS that we,, as Surety and, as Principal, are jointly and severally, along with their respective heirs, executors, administrators, successors and assigns, held and firmly bound unto CABRILLO COMMUNITY COLLEGE DISTRICT ( the Obligee ) for payment of the penal sum hereof in lawful money of the United States, as more particularly set forth herein. THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the Principal has submitted the accompanying Bid Proposal to the Obligee for the Work commonly described as B17-07 HVAC CONTROLS. WHEREAS, subject to the terms of this Bond, the Surety and the Principal are jointly and severally firmly bound unto the Obligee in the penal sum equal to Ten Percent (10%) of the maximum amount of the Bid Proposal submitted by the Principal to the Obligee, inclusive of amounts proposed for additive Alternate Bid Items, if any. NOW THEREFORE, if the Principal shall not withdraw said Bid Proposal within the period specified therein after the opening of the same, or, if no period be specified, for sixty (60) days after opening of said Bid Proposal; and if the Principal is awarded the Contract, and shall within the period specified therefore, or if no period be specified, within five (5) days after the prescribed forms are presented to him for signature, enter into a written contract with the Obligee, in accordance with the Bid Proposal as accepted and give such bond(s) with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract and for the payment for labor and materials used for the performance of the Contract, or in the event of the withdrawal of said Bid Proposal within the period specified for the holding open of the Bid Proposal or the failure of the Principal to enter into such Contract and give such bonds within the time specified, if the Principal shall pay the Obligee the difference between the amount specified in said Bid Proposal and the amount for which the Obligee may procure the required Work and/or supplies, if the latter amount be in excess of the former, together with all costs incurred by the Obligee in again calling for Bids, then the above obligation shall be void and of no effect, otherwise to remain in full force and effect. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or the Call for Bids, the Work to be performed there under, the Drawings or the Specifications accompanying the same, or any other portion of the Contract Documents shall in no way affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said Contract, the Call for Bids, the Work, the Drawings or the Specifications, or any other portion of the Contract Documents. [CONTINUED NEXT PAGE] B17-07 HVAC CONTROLS Page 25 Bid Bond; Section

26 In the event suit or other proceeding is brought upon this Bond by the Obligee, the Surety and Principal shall be jointly and severally liable for payment to the Obligee all costs, expenses and fees incurred by the Obligee in connection therewith, including without limitation, attorneys fees. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument this day of, 20 by their duly authorized agents or representatives. (Contractor-Principal Name) By: (Signature) (Typed or Printed Name) Title: (Attach Notary Public Acknowledgement of Principal s Signature) (Surety Name) By: (Signature of Attorney-In-Fact for Surety) (Typed or Printed Name of Attorney-In-Fact) (Attach: (i) Attorney-In-Fact Certification; (ii) Notary Public Acknowledgment of Authorizing Signature on Attorney-Fact Certification; and (iii) Notary Public Acknowledgement of Attorney-In-Fact s Signature) Contact name, address, telephone number and address for notices to the Surety (Contact Name) (Street Address) (City, State & Zip Code) Telephone ( ) Fax ( ) ( address) B17-07 HVAC CONTROLS Page 26 Bid Bond; Section

27 CERTIFICATION OF PRE-QUALIFICATION APPLICATION Bidders must complete, execute and submit the completed/executed form of Certification of Pre- Qualification Application concurrently with each Bidder s Bid Proposal. Failure to do so will result in rejection of a Bid Proposal for non-responsiveness. 1. Bidder Name: 2. Please check and initial one of the following: (Initial) (Initial) The Bidder certifies that all information it submitted to the District in connection with the Bidder s Pre-Qualification Application, including without limitation information relating to the licensing status, financial capacity and financial condition of the Bidder remains true and correct in all material respects as of the date of submitting its Bid Proposal. Except as provided in the accompanying attachment entitled Material Changes List consisting of pages, the Bidder certifies that all information it submitted to the District in connection with the Bidder s Pre-Qualification Application, including without limitation information relating to the licensing status, financial capacity and financial condition of the Respondent remains true and correct in all material respects as of the date of submitting its Bid Proposal. I have reviewed the foregoing Certification and know it to be true and correct of my own personal knowledge or I have made due and diligent inquiry of persons with knowledge of the foregoing and based upon such inquiry, each of the foregoing are true and correct. I am duly authorized by the Bidder to execute this Certification of Pre-Qualification Statement on behalf of the Bidder. Executed this day of 20 at. (City and State) I declare under penalty of perjury under California law that the foregoing is true and correct. By: (Signature of Bidder s Authorized Officer or Representative) (Typed or Printed Name) Title: B17-07 HVAC CONTROLS Page 27 Certification of Pre-Qualification Application; Section

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29 DIR REGISTRATION VERIFICATION CABRILLO COMMUNITY COLLEGE DISTRICT I am the of ( Bidder ) (Title/Position) (Bidder Name) submitting the accompanying Bid Proposal for the Work described as B17-07 HVAC CONTROLS. 1. The Bidder is currently registered as a contractor with the Department of Industrial Relations ( DIR ). 2. The Bidder s DIR Registration Number is:. The expiration date of the Bidder s DIR Registration is June 30, If the Bidder is awarded the Contract for the Work and the expiration date of the Bidder s DIR Registration will occur: (i) prior to expiration of the Contract Time for the Work; or (ii) prior to the Bidder completing all obligations under the Contract for the Work, the Bidder will take all measures necessary to renew the Bidder s DIR Registration so that there is no lapse in the Bidder s DIR Registration while performing Work under the Contract. 4. The Bidder, if awarded the Contract for the Work will remain a DIR registered contractor for the entire duration of the Work. 5. The Bidder has independently verified that each Subcontractor identified in the Subcontractors List submitted with the Bid Proposal of the Bidder is currently a DIR registered contractor. 6. The Bidder has provided the DIR Registration Number for each subcontractor identified in the Bidder s Subcontractors List or within twenty-four (24) hours of the opening of Bid Proposals for the Work, the Bidder will provide the District with the DIR Registration Number for each subcontractor identified in the Bidder s Subcontractors List. 7. The Bidder s solicitation of subcontractor bids included notice to prospective subcontractors that: (i) all sub-tier subcontractors must be DIR registered contractors at all times during performance of the Work; and (ii) prospective subcontractors may only solicit sub-bids from and contract with lower-tier subcontractors who are DIR registered contractors. 8. If any of the statements herein are false or omit material facts rendering a statement to be false or misleading, the Bidder s Bid Proposal is subject to rejection for non-responsiveness. I have personal first hand-knowledge of all of the foregoing. I declare under penalty of perjury under California law that the foregoing is true and correct. Executed this day of, 20 at. (City and State) By: (Signature of Bidder s Authorized Officer or Representative) (Typed or Printed Name) B17-07 HVAC CONTROLS Page 29 DIR Registration Verification; Section

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31 NON-COLLUSION DECLARATION CABRILLO COMMUNITY COLLEGE DISTRICT PROJECT: B17-07 HVAC CONTROLS The undersigned declares: I am, (Insert "Sole Owner", "Partner", "President, "Secretary", or other proper title) of (Insert name of bidder) As the party submitting a Bid Proposal for the above-identified Project, the undersigned declares, states and certifies that: 1. The Bid Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation. 2. The Bid Proposal is genuine and not collusive or sham. 3. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any other bidder or anyone else to put in sham bid, or to refrain from bidding. 4. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to fix any overhead, profit or cost element of the bid price or that of any other bidder, or to secure any advantage against the public body awarding the contract or of anyone interested in the proposed contract. 5. All statements contained in the Bid Proposal and related documents are true. 6. The bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Executed this day of, 20 at. (City and State) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. By: (Signature of Bidder s Authorized Officer or Representative) (Typed or Printed Name) B17-07 HVAC CONTROLS Page 31 Non-Collusion Declaration;

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33 CERTIFICATE OF WORKERS COMPENSATION INSURANCE I,, the (Name) (Title) of, declare state and certify that: (Contractor Name) 1. I am aware that California Labor Code 3700(a) and (b) provides: Every employer except the state shall secure the payment of compensation in one or more of the following ways: (a) (b) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. By securing from the Director of Industrial Relations a certificate of consent to selfinsure either as an individual employer, or one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. 2. I am aware that the provisions of California Labor Code 3700 require every employer to be insured against liability for workers compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of this Contract. I am authorized to execute this Certificate of Workers Compensation Insurance on behalf of the above-identified Contractor. Dated: By: (Signature of Bidder s Authorized Officer or Representative) (Typed or Printed Name) B17-07 HVAC CONTROLS Page 33 Certificate of Workers Compensation Insurance; Section

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35 DRUG-FREE WORKPLACE CERTIFICATION I,, am the of (Print Name) (Title). (Contractor Name) I declare, state and certify to all of the following: 1. I am aware of the provisions and requirements of California Government Code 8350 et seq., the Drug Free Workplace Act of I am authorized to certify, and do certify, on behalf of Contractor that a drug free workplace will be provided by Contractor 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 Contractor s workplace and specifying actions which will be taken against employees for violation of the prohibition; B. Establishing a drug-free awareness program to inform employees about all of the following: (i) the dangers of drug abuse in the workplace; (ii) Contractor s policy of maintaining a drug-free workplace; (ii) the availability of drug counseling, rehabilitation and employee-assistance programs; and (iii) the penalties that may be imposed upon employees for drug abuse violations; C. Requiring that each employee engaged in the performance of the Contract be given a copy of the statement required above, and that as a condition of employment by Contractor in connection with the Work of the Contract, the employee agrees to abide by the terms of the statement; D. Contractor agrees to fulfill and discharge all of Contractor s obligations under the terms and requirements of California Government Code 8355 by, inter alia, publishing a statement notifying employees concerning: (i) the prohibition of any controlled substance in the workplace, (ii) establishing a drug-free awareness program, and (iii) requiring that each employee engaged in the performance of the Work of the Contract be given a copy of the statement required by California Government Code 8355(a) and requiring that the employee agree to abide by the terms of that statement. 3. Contractor and I understand that if the District determines that Contractor has either: (i) made a false certification herein, or (ii) violated this certification by failing to carry out and to implement the requirements of California Government Code 8355, the Contract awarded herein is subject to termination, suspension of payments, or both. Contractor and I further understand that, should Contractor violate the terms of the Drug-Free Workplace Act of 1990, Contractor may be subject to debarment in accordance with the provisions of California Government Code 8350, et seq. 4. Contractor and I acknowledge that Contractor and I are aware of the provisions of California Government Code 8350, et seq. and hereby certify that Contractor and I will adhere to, fulfill, satisfy and discharge all provisions of and obligations under the Drug-Free Workplace Act of [CONTINUED ON NEXT PAGE] B17-07 HVAC CONTROLS Page 35 Drug Free Workplace Certification; Section