BID NO VOLUME I. Date Due: May 30, 2018 at 9:00am

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1 BID NO Printing and Mailing of Adult Education Class Schedules VOLUME I Date Due: May 30, 2018 at 9:00am BID NO Printing and Mailing of Adult Education Class Schedules - Page 1

2 TABLE OF CONTENTS VOLUME 1 - PROCUREMENT AND CONTRACTING REQUIREMENTS Cover Page Table of Contents Notice Inviting Bids Instructions To Bidders Bid Form Bid Bond Non-Collusion Declaration Iran Contracting Act Workers Compensation Certification Prevailing Wage and Related Labor Requirements Drug Free Workplace Certification Tobacco-Free Environment Certification Sample Notice Of Award Sample Agreement Sample Notice To Proceed General Conditions END OF DOCUMENT BID NO Printing and Mailing of Adult Education Class Schedules - Page 2

3 NOTICE INVITING BIDS Notice is hereby given that the governing board ( Board ) of the Mt. Diablo Unified School District ( District or Owner ) will receive sealed bids for the following project, ( Project or Contract ): BID# 1807 Printing and Mailing of Adult Education Class Schedules Sealed Bids will be received until May 30, 2018 at 9:00 AM, at the Purchasing/Warehouse Department located at 2326 Bisso Lane, Concord, California, at or after which time the bids will be opened and publicly read aloud. Any claim by a bidder of error in its bid must be made in compliance with section 5100 et seq. of the Public Contract Code. Any bid that is submitted after this time shall be non-responsive and returned to the bidder. All bids shall be on the form provided by the District. Each bid must conform and be responsive to all pertinent Contract Documents, including, but not limited to, the Instructions to Bidders. The Bidder's business license(s) must be active and in good standing at the time of the bid opening and must remain so throughout the term of the Contract. As security for its Bid, each bidder shall provide with its Bid form: * a bid bond issued by an admitted surety insurer on the form provided by the District, * cash, or * a cashier's check or a certified check, drawn to the order of the Mt. Diablo Unified School District, in the amount of ten percent (10%) of the total bid price. This bid security shall be a guarantee that the Bidder shall, within ten (10) calendar days after the date of the Notice of Award, enter into a contract with the District for the performance of the services as stipulated in the bid. The successful Bidder shall be required to furnish a 100% Performance Bond and a 100% Payment Bond if it is awarded the contract for the Project. The successful Bidder may substitute securities for any monies withheld by the District to ensure performance under the Contract, in accordance with the provisions of section of the Public Contract Code. The successful Bidder and its subcontractors shall pay all workers on the Project not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the Department of Industrial Relations, State of California, for the type of work performed and the locality in which the work is to be performed within the boundaries of the District, pursuant to sections 1770 et seq. of the California Labor Code. Prevailing wage rates are available from the District or on the Internet at: < Bidders and Bidders subcontractors shall comply with the registration and qualification requirements pursuant to sections and of the California Labor Code. A mandatory pre-bid conference and site visit will be held on May 21, 2018 beginning at 10:00 AM, located at the Maintenance and Operations Department 1480 Gasoline Alley, Concord, CA Meeting is downstairs in the room closest to the elevator. All participants are required to sign in at the walk location. Failure to attend or tardiness will render bid ineligible. Contract Documents are available on-line at The District s Board reserves the right to reject any and all bids and/or waive any irregularity in any bid received. If the District awards the Contract, the security of unsuccessful bidder(s) shall be returned within sixty (60) days from the time the award is made. Unless otherwise required by law, no bidder may withdraw its bid for ninety (90) days after the date of the bid opening. Notice Inviting Bids BID NO Printing and Mailing of Adult Education Class Schedules - Page 3

4 For technical questions, please call Vittoria Abbate, Facility Director, Loma Vista Adult Center, (925) , ext For questions regarding bid information, please call Brad Hunter, Director of Purchasing at (925) , ext The District shall award the Contract, if it awards it at all, to the lowest responsive responsible bidder based on: The base bid amount only. Dr. Nellie Meyer Governing Board Clerk Advertised dates: May 14, 2018 May 21, 2018 Notice Inviting Bids BID NO Printing and Mailing of Adult Education Class Schedules - Page 4

5 INSTRUCTIONS TO BIDDERS Summary This document describes existing conditions at or near the Project, and use of information available regarding existing conditions. This document is not part of the Contract Documents. Bid Proposals: No bid proposals shall receive consideration by the (hereinafter "District") unless made in accordance with the following instructions: 1. Deadline for Receipt of Proposals. Bid proposals shall be sealed and filed with the District at the time and place indicated in the Notice Inviting Bids. The District suggests that bids be hand delivered in order to ensure their timely receipt. Any bids received after the time stated shall not be opened and shall be returned, sealed, to the bidder. 2. Mandatory Bidders Conference. When specified on the Notice Inviting Bids, a mandatory bidders conference will be held in the manner and at the time and place indicated. Following this meeting, a site review will be conducted to acquaint bidders with the Project. 3. Requests for Information Regarding Bid. Any questions relative to the bid should be in writing and directed to the Director of Purchasing Warehouse at hunterb@mdusd.org and include in the subject line, the bid number and the name of the bid as it appears on the forms contained herein. 4. Bid Proposal Forms. Bid proposals shall be made on the form provided by the District. All items on the form should be filled out. Numbers should be stated in figures, and the signatures of all individuals must be in long hand. The completed form should be without interlineation, alterations, or erasures. 5. Execution of Forms. Each bid must give the full business address of the bidder and must be signed by the bidder or bidder s authorized representative with his or her usual signature. Bids by partnerships must furnish the full names of all partners and must be signed in the partnership name by a general partner with authority to bind the partnership in such matters. Bids by corporations must be signed with the legal name of the corporation, followed by the signature and designation of the president, secretary, or other person authorized to bind the corporation in this matter. The name of each person signing shall also be typed or printed below the signature. When requested by the District, satisfactory evidence of the authority of the officer signing on behalf of the corporation shall be furnished. A bidder's failure to properly sign required forms may result in rejection of the bid. All bids must include the bidder's contractor's license number and expiration date. 6. Bid Security. Bid proposals shall be accompanied by a certified or cashier's check or bidder's bond for an amount not less than ten percent (10%) of the bid amount. The certified or cashier's check or bid bond shall be made payable to the order of the District. If the bid bond accompanies the proposal, the bond shall be on the form provided by the District and secured by an admitted surety company, licensed in the State of California, satisfactory to the District. The certified or cashier's check or bond shall be given as a guarantee that the bidder will enter into the Contract if awarded the work, and in the case of refusal or failure to enter into the Contract within ten (10) calendar days after notification of the award of the Contract, the District shall have the right to award to another bidder. If the bidder fails or refuses to timely enter into the Contract, the District reserves the right to declare the bid bond forfeited and to pursue all other remedies in law or equity relating to such breach including, but not limited to, seeking recovery of damages for breach of contract. Failure to provide bid security, or bid security in the proper amount, will result in rejection of the bid. 7. Withdrawal of Bid Proposals. Bid proposals may be withdrawn by the bidders prior to the time fixed for the opening of bids, but may not be withdrawn for a period of ninety (90) days after the opening of bids. Instructions To Bidders BID NO Printing and Mailing of Adult Education Class Schedules - Page 5

6 8. Addenda or Bulletins. Any addenda or bulletins issued during the time of bidding shall form a part of the drawings and specifications issued to bidders for the preparation of their proposals and shall constitute a part of the Contract Documents. Issuance of last addenda shall not be later than 72 hours prior to set bid opening date. 9. Award of Contract. The District reserves the right to reject any and all bid proposals to Contract work with whomever and in whatever manner the District decides, to abandon the work entirely and to waive any informality or non-substantive irregularity as the interest of the District may require. 10. Bonds. The successful bidder shall be required to submit payment and performance bonds as specified in the Contract Documents. All required bonds shall be calculated on the maximum total purchase price and shall be on the forms provided by the District. A bidder's failure to submit the bonds requested shall result in rejection of the bid proposal. 12. Execution of Contract. The successful bidder shall, within ten (10) calendar days of notice of award of the Contract, sign and deliver to the District the executed Contract along with the bonds and certificates of insurance required by the Contract Documents. In the event the bidder to whom an award is made fails or refuses to execute the Contract within ten (10) calendar days from the date of receiving notification that the Contract has been awarded to the bidder, or fails to provide the required bonds and certificates, the District may declare the bidder's bid deposit or bond forfeited as damages caused by the failure of the bidder to enter into the Contract, and may award the work to the next lowest responsible bidder, or may reject all bids and, at its sole discretion, call for new bids. 13. Drawings and Specifications. Each bidder may be required to return to the District all drawings and specifications in an unmutilated condition and without any marks or annotations. All drawings, specifications and other documents used or prepared during the Project shall be the exclusive property of District. Evidence of Responsibility. Upon the request of the District, a bidder shall submit promptly to the District satisfactory evidence showing the bidder's financial resources, the bidder's experience in the type of work being required by the District, the bidder's organization available for the performance of the Contract and any other required evidence of the bidder's ability to perform the proposed Contract. The District may consider such evidence before making its decision awarding the proposed Contract. Failure to submit evidence of a bidder's responsibility to perform the proposed Contract may result in rejection of the bid. 14. Taxes. Taxes shall be included in the bid prices. The District will pay only the State sales and use taxes. Federal excise taxes are not applicable to school districts. 15. Bid Exceptions. Bidders shall not make exceptions to or modify their bid proposals or qualify their bid proposals. A bid response to any specific item of this bid with terms such as "negotiable", "will negotiate" or similar, will be considered non-responsive. Bidders shall not submit to the District a scanned, re-typed, word-processed, or otherwise recreated version of the bid proposals or other District-provided document. Faxed bids will not be accepted. 16. Discounts. Any discounts which the bidder desires to provide the District must be stated clearly on the bid form itself so that the District can calculate properly the net cost of the bid proposal. Offers of discounts or additional services not delineated on the bid form will not be considered by the District in the determination of the lowest responsible bidder. 17. Quantities. The quantities shown are approximate. The District reserves the right to increase or decrease quantities as desired. 18. Prices. Bidders must quote prices F.O.B. unless otherwise noted. Prices should be stated in the units specified and bidders should quote each item separately. 19. Samples. On request, samples of the products being bid shall be furnished to the District. Instructions To Bidders BID NO Printing and Mailing of Adult Education Class Schedules - Page 6

7 20. Substitutions of Listed Items. Bids shall be based on products and systems specified in Contract Documents or listed by name in Addenda. The District is not responsible and/or liable in any way for a Contractor s damages and/or claims related, in any way, to that Contractor s basing its bid on any requested substitution that the District has not approved. Contractors and materials suppliers who submit requests for substitutions prior to the award of the Contract must do so in writing and in compliance with Public Contract Code section All requests must comply with the following: a. District must receive any request for substitution a minimum of ten (10) calendar days prior to bid opening. b. Requests for substitutions shall contain sufficient information to assess acceptability of product or system and impact on Project, including, without limitation, the requirements specified in the Special Conditions and the Specifications. Insufficient information shall be grounds for rejection of substitution. c. Approved substitutions shall be listed in Addenda. District reserves the right not to act upon submittals of substitutions until after bid opening. d. Substitutions may be requested after Contract has been awarded only if indicated in and in accordance with requirements specified in the General Conditions and the Specifications. 21. Container Costs and Delivery. All costs for containers shall be borne by the bidder. All products shall conform to the provisions set forth in the federal, county, state and city laws for their production, handling, processing and labeling. Packages shall be so constructed in ensure safe transportation to point of delivery. 22. Prevailing Law. In the event of any conflict or ambiguity between these instructions and state or federal law or regulations, the latter shall prevail. Additionally, all equipment to be supplied or services to be performed under the bid proposal shall conform to all applicable requirements of local, state and federal law, including, but not limited to, California Labor Code sections 1771, 1778 and Governing Law and Venue. In the event of litigation, the bid documents, specifications and related matters shall be governed by and construed in accordance with the laws of the State of California. Venue shall be with the appropriate state or federal court located in Contra Costa County, California. 24. Subcontractors. Pursuant to the Subletting and Subcontracting Fair Practices Act, Public Contract Code section 4100, et seq., inclusive, every bidder shall, on the enclosed form set forth: a. The name and location of the place of business of each Subcontractor who will perform work or labor or render service to the bidder in or about the work in an amount in excess of one-half (1/2) of the one percent (1%) of the bidder's total bid. b. A description of the work, which will be done by each Subcontractor. If the bidder fails to specify a Subcontractor for any portion of the work to be performed under the Contract in excess of one-half (1/2) of one percent (1%) of the bidder's total bid, bidder agrees that bidder is fully qualified to and will perform that portion of the work. The successful bidder shall not, without the consent of the District, and in compliance with Public Contract Code section 4100, et seq., either: 1) Substitute any person as Subcontractor in place of the Subcontractor designated in the original bid; 2) Permit any subcontract to be voluntarily assigned or transferred or allow the work to be performed by anyone other than the original Subcontractor listed in the bid; or 3) Sublet or subcontract any portion of the work in excess of one-half (1/2) of one percent (1%) of the total bid as to which the bidder's original bid did not designate a Subcontractor. 25. Examination of Contract Documents and Work Site. Before submitting a bid proposal, bidders shall examine the Contract, the drawings, the specifications and other Contract Documents. Bidders shall visit the site of the proposed work and shall fully inform themselves of all conditions in and about the work site, the building or buildings, if any, Instructions To Bidders BID NO Printing and Mailing of Adult Education Class Schedules - Page 7

8 and any work that may have been done thereon. However, no bidder shall visit the site without prior authorization. All bidders are requested to contact the District Superintendent or designee for coordination of site visits. Submission of a bid proposal constitutes acceptance of the terms of this provision. 26. Form of Contract. The bidder selected by the District will be required to execute a contract in the form included in the bidding package. The Contract and other documents are subject to the approval of the District and its legal counsel. 27. Licenses. Each bidder, and their Subcontractors, if any, must possess all appropriate and required licenses or other permits to perform the work as identified in the Contract Documents. Upon request, each bidder shall furnish the District with evidence demonstrating possession of the required licenses or permits. Failure to submit such evidence to the district's satisfaction may result in rejection of the bid. 28. Denial of Right to Bid. Contractors or subcontractors who have violated state law governing public works shall be denied the right to bid on this public work contract as set forth in California Labor Code section Contractor's State License Board. Contractors are required by law to be licensed and regulated by the Contractors' State License Board. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California Fingerprinting. By law it is the District s responsibility to determine whether a contractor must provide fingerprint certification. Pursuant to Education Code section , the District considers the totality of the circumstances in order to determine if fingerprinting of employees of a contractor working on a school site is required. Factors to be considered include the length of time the Contractor s employees are on school grounds, whether students are in proximity with the location where the Contractor s employees are working, and whether the Contractor s employees are working alone or with others. A determination regarding whether fingerprint certification is required is contained in the General Conditions. As this work is a deliverable by mail, the fingerprinting requirement is waived for this bid. 31. Disabled Veterans Participation Goals. In accordance with Education Code section , this District has a participation goal for disabled veteran business enterprises ( DVBE ) of at least 3 percent per year of the overall dollar amount of funds allocated to the District by the State Allocation Board pursuant to the Leroy F. Greene School Facilities Act of 1998 for construction or modernization and expended each year by the District. Prior to, and as a condition precedent for final payment under any contract for such project, the Contractor will provide appropriate documentation to the District identifying the amount paid to disabled veteran business enterprises in conjunction with the Contract, so that the District can assess its success at meeting this goal. The Office of Small Business and DVBE Certification (OSDC), (916) , is an information resource to assist bidders in locating Disabled Veteran Business Enterprises. (Please note: while the OSDC may be used as a resource, the DVBE Program administered by OSDC does not apply to school district contracts.) 34. Government Code (a) Every person or organization awarded a contract or a grant for the procurement of any property or services from any state agency shall certify to the contracting or granting agency that it will provide a drug-free workplace. The awarded Contractor is subject to District Board Policy , Tobacco Free Schools and District Board Policy 4020, Drug and Alcohol Free Schools. 35. Bid Protest. Any bid protest must be in writing and received by the District Purchasing Office before 4:30 p.m. no later than three (3) business days following Bid opening and must comply with the following requirements: a. The bid protest must contain a complete statement of the basis for the protest, and all supporting documentation. Instructions To Bidders BID NO Printing and Mailing of Adult Education Class Schedules - Page 8

9 b. The party filing the protest must have actually submitted a bid for the Project. A Subcontractor of a bidder submitting a Bid for the Project may not submit a bid protest. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue his or her own protest. c. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. d. The protest must include the name, address and telephone number of the person representing the protesting bidder if different from the protesting bidder. e. The bidder filing the protest must concurrently transmit a copy of the bid protest document and all supporting documentation, as required above, to all other bidders with a direct financial interest which may be affected by the outcome of the protest, including all other bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. f. The bidder whose bid has been protested may submit a written response to the bid protest. Unless the District in writing permits additional, such response shall be submitted to the District no later than one (1) business day after receipt of the bid protest, and shall include all supporting documentation. Such response shall also be transmitted concurrently to the protesting bidder and to all other bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. g. The procedure and time limits set forth in this section are mandatory and are the bidder s sole and exclusive remedy in the event of bid protest. The bidder s failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings. A bidder may not rely on a protest submitted by another bidder, but must timely pursue its own protest. h. A business day for purposes of this section means a weekday during which the District s office is open and conducting business, regardless of whether or not school is in session. Submit Bid Protests to: Attention: Brad Hunter Mt. Diablo Unified School District 2326 Bisso Lane Concord, CA hunterb@mdusd.org x3741 END OF DOCUMENT Instructions To Bidders BID NO Printing and Mailing of Adult Education Class Schedules - Page 9

10 BID FORM (Submit With Bid) To: Governing Board of Mt. Diablo Unified School District ("District" or "Owner") From: (Proper Name of Bidder) hereby propose and agree to enter into an agreement, to furnish any and all labor, materials, applicable taxes, equipment and services for the completion of work described hereinafter and in the contract documents: BID# 1807 Printing and Mailing of Adult Education Class Schedules for the sum(s) quoted below. Dollars $ If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within ninety (90) days after the date of opening of the bids, or any time thereafter before this bid is withdrawn, the undersigned will, within ten (10) days after the date of such mailing, telegraphing, or delivering of such notice, execute and deliver a contract in the form of agreement present in these contract documents and give Performance and Payment Bonds in accordance with the specifications and bid as accepted. The undersigned hereby designates as the office to which such notice of acceptance may be mailed, telegraphed, or delivered: Our Public Liability and Property Damage Insurance is placed with: Our Workers' Compensation Insurance is placed with: Circular letters, bulletins, addenda, etc., bound with the specifications or issued during the time of bidding are included in the proposal, and, in completing the contract, they are to become part thereof. The receipt of the following addenda to the project documents is acknowledged: Addendum No. Date Addendum No. Date Addendum No. Date Addendum No. Date Addendum No. Date Addendum No. Date This bid may be withdrawn at any time prior to the scheduled time for the opening of bids or any authorized postponement thereof. NOTE: Each bid must give the full business address of the bidder and be signed by him with his usual signature. Bids by partnerships must furnish the full name of all partners and must be signed by one of the members of the partnership, or by an authorized representative, followed by the signature and designation of the person signing. Bid by corporations must be signed with the legal name of the corporation, followed by the name of the state of incorporation and by the signature and designation of Bid Form BID NO Printing and Mailing of Adult Education Class Schedules - Page 10

11 the president, secretary, or other person authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the signature. Satisfactory evidence of the authority of the officer signing on behalf of a corporation shall be furnished. Dated 2017 Signed (Wet signature on original) Print or Type Name Business Address Phone # Fax # License # Additional Signature Lines if Applicable: Signed Print or Type Name Business Address Signed Print or Type Name Business Address State of Incorporation if Applicable ( ) Evidence of authority to bind corporation is attached. END OF SECTION Bid Form BID NO Printing and Mailing of Adult Education Class Schedules - Page 11

12 BID BOND (SECURITY) (Note: If Bidder is providing a bid bond as its bid security, Bidder must use this form, NOT a surety company form.) KNOW ALL PERSONS BY THESE PRESENTS: That the undersigned, ( Principal ), as Principal and as Surety ( Surety ), a corporation organized and existing under and by virtue of the laws of the State of and authorized to do business as a surety in the State of California, are held and firmly bound unto the Mt. Diablo Unified School District ( District ) of Contra Costa County, State of California as Obligee, in the sum of ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we, and each of us, bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted a bid to the District for all Work specifically described in the accompanying bid; NOW, THEREFORE, if the Principal is awarded the Contract and, within the time and manner required under the Contract Documents, after the prescribed forms are presented to Principal for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files two bonds, one guaranteeing faithful performance and the other guaranteeing payment for labor and materials as required by law, and meets all other conditions to the contract between the Principal and the Obligee becoming effective, or if the Principal shall fully reimburse and save harmless the Obligee from any damage sustained by the Obligee through failure of the Principal to enter into the written contract and to file the required performance and labor and material bonds, and to meet all other conditions to the Contract between the Principal and the Obligee becoming effective, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect. The full payment of the sum stated above shall be due immediately if Principal fails to execute the Contract within ten (10) days of the date of the District's Notice of Award to Principal. 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, or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation under this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or the call for bids, or to the work, or to the specifications. In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorneys' fee to be fixed by the Court. If the District awards the bid, the security of unsuccessful bidder(s) shall be returned within sixty (60) days from the time the award is made. Unless otherwise required by law, no bidder may withdraw its bid for ninety (90) days after the date of the bid opening. Bid Bond BID NO Printing and Mailing of Adult Education Class Schedules - Page 12

13 IN WITNESS WHEREOF, this instrument has been duty executed by the Principal and Surety above named, on the day of, 20. Principal By Surety By Name of California Agent of Surety Address of California Agent of Surety Telephone Number of California Agent of Surety Bidder must attach Power of Attorney and Certificate of Authority for Surety and a Notarial Acknowledgment for all Surety's signatures. The California Department of Insurance must authorize the Surety to be an admitted Surety Insurer. END OF DOCUMENT Bid Bond BID NO Printing and Mailing of Adult Education Class Schedules - Page 13

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15 NON-COLLUSION DECLARATION Public Contract Code 7106 (TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID) The undersigned declares: I am the [PRINT YOUR TITLE] of [PRINT FIRM NAME ], the party making the foregoing Contract. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. Per U.S. Code 1746, I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on the following date: Date: Proper Name of Bidder: City, State: Signature: Print Name: Title: END OF DOCUMENT Non-Collusion Declaration BID NO Printing and Mailing of Adult Education Class Schedules - Page 15

16 IRAN CONTRACTING ACT CERTIFICATION (Public Contract Code Section Submit With Bid) PROJECT/CONTRACT NO.: BID# 1807 Printing and Mailing of Adult Education Class Schedules between Mt. Diablo Unified School District (the "District" or the "Owner") and (the "Contractor" or the "Bidder") (the "Contract" or the "Project"). Pursuant to Public Contract Code (PCC) section 2204, an Iran Contracting Act certification is required for solicitations of goods or services of one million dollars ($1,000,000) or more. Bidder shall complete ONLY ONE of the following three paragraphs. [_] 1. Bidder's Total Base Bid is less than one million dollars ($1,000,000). OR [_] 2. Bidder's Total Base Bid is one million dollars ($1,000,000) or more, but Bidder is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services ("DGS") pursuant to Public Contract Code Section 2203(b), and Bidder is not a financial institution extending twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that other person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS. OR [_] 3. Bidder's Total Base Bid is one million dollars ($1,000,000) or more, but the District has given prior written permission to Bidder to submit a proposal pursuant to PCC 2203(c) or (d). A copy of the written permission from the District is included with Bid. I certify that I am duly authorized to legally bind the Bidder to this certification, that the contents of this certification are true, and that this certification is made under the laws of the State of California. Date: Proper Name of Contractor: Signature: Print Name: Title: END OF DOCUMENT Iran Contracting Act BID NO Printing and Mailing of Adult Education Class Schedules - Page 16

17 WORKERS' COMPENSATION CERTIFICATION (Submit With Bid) PROJECT/CONTRACT NO.: BID# 1807 Printing and Mailing of Adult Education Class Schedules between Mt. Diablo Unified School District (the "District" or the "Owner") and (the "Contractor" or the "Bidder") (the "Contract" or the "Project"). Labor Code section 3700 in relevant part provides: Every employer except the State shall secure the payment of compensation in one or more of the following ways: 1. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. 2. By securing from the Director of Industrial Relations a certificate of consent to self-insure, 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 its employees. I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of the Contract. Date: Proper Name of Bidder: Signature: Print Name: Title: (In accordance with Article 5 - commencing at section 1860, chapter 1, part 7, division 2 of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any Work under the Contract.) END OF DOCUMENT Workers Compensation Certification BID NO Printing and Mailing of Adult Education Class Schedules - Page 17

18 PREVAILING WAGE AND RELATED LABOR REQUIREMENTS CERTIFICATION (Submit With Bid) PROJECT/CONTRACT NO.: BID# 1807 Printing and Mailing of Adult Education Class Schedules between Mt. Diablo Unified School District (the "District" or the "Owner") and (the "Contractor" or the "Bidder") (the "Contract" or the "Project"). I hereby certify that I will conform to the State of California Public Works Contract requirements regarding prevailing wages, benefits, on-site audits with 48-hours' notice, payroll records, and apprentice and trainee employment requirements, for all Work on the Project including, without limitation, the requirement that it and all of its Subcontractors are registered pursuant to Labor Code section 1771, et seq. Date: Proper Name of Bidder: Signature: Print Name: Title: END OF DOCUMENT Prevailing Wage and Related Labor Requirements BID NO Printing and Mailing of Adult Education Class Schedules - Page 18

19 DRUG-FREE WORKPLACE CERTIFICATION (Submit With Bid) PROJECT/CONTRACT NO.: BID# 1807 Printing and Mailing of Adult Education Class Schedules between Mt. Diablo Unified School District (the "District" or the "Owner") and (the "Contractor" or the "Bidder") (the "Contract" or the "Project"). This Drug-Free Workplace Certification form is required from the successful Bidder pursuant to Government Code sections 8350 et seq., the Drug-Free Workplace Act of The Drug-Free Workplace Act of 1990 requires that every person or organization awarded a contract or grant for the procurement of any property or service from any state agency must certify that it will provide a drug-free workplace by doing certain specified acts. In addition, the Act provides that each contract or grant awarded by a state agency may be subject to suspension of payments or termination of the contract or grant, and the contractor or grantee may be subject to debarment from future contracting, if the contracting agency determines that specified acts have occurred. The District is not a "state agency" as defined in the applicable section(s) of the Government Code, but the District is a local agency and public school district under California law and requires all contractors on District projects to comply with the provisions and requirements of Government Code sections 8350 et seq., the Drug-Free Workplace Act of Contractor shall certify that it will provide a drug-free workplace by doing all of the following: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's or organization's workplace and specifying actions which will be taken against employees for violations of the prohibition; 2. Establishing a drug-free awareness program to inform employees about all of the following: a. The dangers of drug abuse in the workplace. b. The person's or organization's policy of maintaining a drug-free workplace. c. The availability of drug counseling, rehabilitation, and employee-assistance programs. d. The penalties that may be imposed upon employees for drug abuse violations. 3. Requiring that each employee engaged in the performance of the contract or grant be given a copy of the statement required above, and that, as a condition of employment on the contract or grant, the employee agrees to abide by the terms of the statement. I, the undersigned, agree to fulfill the terms and requirements of Government Code section 8355 listed above and will publish a statement notifying employees concerning (a) the prohibition of controlled substance at the workplace, (b) establishing a drug-free awareness program, and (c) requiring that each employee engaged in the performance of the contract be given a copy of the statement required by section 8355(a), and requiring that the employee agree to abide by the terms of that statement. I also understand that if the District determines that I have either (a) made a false certification herein, or (b) violated this certification by failing to carry out the requirements of section 8355, that the Contract awarded herein is subject to termination, suspension of payments, or both. I further understand that, should I violate the terms of the Drug Free Workplace Act of 1990, I may be subject to debarment in accordance with the requirements of section 8350 et seq. I acknowledge that I am aware of the provisions of Government Code sections 8350 et seq. and hereby certify that I will adhere to the requirements of the Drug-Free Workplace Act of Date: Proper Name of Bidder: Signature: Drug Free Workplace Certification BID NO Printing and Mailing of Adult Education Class Schedules - Page 19

20 Print Name: Title: END OF DOCUMENT Drug Free Workplace Certification BID NO Printing and Mailing of Adult Education Class Schedules - Page 20

21 TOBACCO-FREE ENVIRONMENT CERTIFICATION (Submit With Bid) Page left blank on purpose. PROJECT/CONTRACT NO.: BID# 1807 Printing and Mailing of Adult Education Class Schedules between Mt. Diablo Unified School District (the "District" or the "Owner") and (the "Contractor" or the "Bidder") (the "Contract" or the "Project"). This Tobacco-Free Environment Certification form is required from the successful Bidder. Pursuant to, without limitation, 20 U.S.C. section 6083, Labor Code section 6400 et seq., Health & Safety Code section et seq. and District Board Policies, all District sites, including the Project site, are tobacco-free environments. Smoking and the use of tobacco products by all persons is prohibited on or in District property. District property includes school buildings, school grounds, school owned vehicles and vehicles owned by others while on District property. I acknowledge that I am aware of the District's policy regarding tobacco-free environments at District sites, including the Project site and hereby certify that I will adhere to the requirements of that policy and not permit any of my firm's employees, agents, subcontractors, or my firm's subcontractors' employees or agents to use tobacco and/or smoke on the Project site. Date: Proper Name of Bidder: Signature: Print Name: Title: END OF DOCUMENT Tobacco-Free Environment Certification BID NO Printing and Mailing of Adult Education Class Schedules - Page 21

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28 SAMPLE NOTICE OF AWARD Dated:, 20 To: ("Contractor") (Address) From: Re: Governing Board ("Board") of Mt. Diablo Unified School District ("District" or "Owner") BID# 1807 Printing and Mailing of Adult Education Class Schedules Contractor was awarded the Contract on, 20, by action of the District's Board or by action of the superintendent or superintendent's designee pursuant to a delegation of authority by the District's Board. The Contract Price is Dollars ($ ), and includes alternates. Three (3) copies of each of the Contract Documents (except Drawings) accompany the Notice of Award. Three (3) sets of the Drawings will be delivered separately or otherwise made available. Additional copies are available at cost of reproduction. Contractor must comply with the following conditions precedent within Ten 10) calendar days of the date of this Notice of Award. Contractor shall execute and submit the following Contract Documents by 5:00 p.m. of the Tenth (10TH) calendar day following the date of the Notice of Award. Failure to properly and timely submit the following Contract Documents entitles District to foreclose on Contractor's bid bond and award the contract to the next responsive, responsible bidder. a. Agreement: Submit four (4) copies, each bearing an original signature. If Contractor is a corporation, Contractor must attach a certified copy of the corporation's by-laws, or the resolution of the Board of Directors of the corporation, authorizing the signatory to execute the Agreement and the bonds required by the Contract Documents. b. Escrow of Bid Documentation: Include all required documentation. Refer to the Escrow of Bid Documentation document for details. c. Performance Bond (100%): Fully executed form provided in the Contract Documents. d. Payment Bond (100%) (Contractor's Labor and Material Bond): Fully executed form provided in the Contract Documents. e. Insurance Certificates and Endorsements. f. Workers' Compensation Certification. g. Prevailing Wage and Related Labor Requirements Certification. h. Drug-Free Workplace Certification. i. Tobacco-Free Environment Certification. j. Hazardous Materials Certification. k. Lead-Based Materials Certification. l. Criminal Background Investigation/Fingerprinting Certification. Sample Notice Of Award BID NO Printing and Mailing of Adult Education Class Schedules - Page 28

29 Failure to comply with these conditions within the time specified will entitle District to consider Contractor's bid abandoned, to annul the Notice of Award, and to declare Contractor's Bid Security forfeited, as well as any other rights the District may have against Contractor. District will return to Contractor one fully signed counterpart of the Agreement. MOUNT DIABLO UNIFIED SCHOOL DISTRICT BY: NAME: TITLE: END OF DOCUMENT Sample Notice Of Award BID NO Printing and Mailing of Adult Education Class Schedules - Page 29

30 SAMPLE AGREEMENT THIS AGREEMENT IS MADE AND ENTERED INTO THIS DAY OF, 20, by and between the Mt. Diablo Unified School District ("District" or "Owner") and ("Contractor") ("Agreement"). The District and the Contractor agree as follows: The Work: Contractor shall furnish all tools, equipment, apparatus, facilities, labor, and material necessary to perform and complete in a good and workmanlike manner, the work of the following project: PROJECT: BID# 1807 Printing and Mailing of Adult Education Class Schedules ("Project" or "Contract" or "Work") The Work shall be performed and completed as required in the Contract Documents as defined in the General Conditions including, without limitation, the Drawings and Specifications, under the direction and supervision of, and subject to, the approval of the District or its authorized representative. The Contract Documents: The complete Contract consists of all Contract Documents as defined in the General Conditions and incorporated herein by this reference. All obligations of the District and Contractor are fully set forth and described in the Contract Documents. The Contract Documents are intended to cooperate so that Work called for in one and not mentioned in the other or vice versa is to be performed the same as if mentioned in all Contract Documents. Interpretation of Contract Documents: Questions concerning the intent, precedence, or meaning of the Contract Documents, including the Drawings or Specifications, shall be submitted to the District for interpretation. Inconsistencies in the Contract Documents shall be resolved by giving precedence in the following order: District-approved modifications, beginning with the most recent (if any); Agreement; Special Conditions (if any); Supplemental Conditions (if any); General Conditions; Remaining Division 0 documents (Documents beginning with "00");; Division 1 Documents (Specifications - General Conditions; Documents beginning with "01"); Division 2 through Division 32 documents (Technical Specifications); Figured dimensions; Large-scale drawings; Small-scale drawings. In no case shall a document calling for lower quality and/or quantity material or workmanship control. The decision of the District in the matter shall be final. Time for Completion: It is hereby understood and agreed that the Contractor shall complete the Work within the time frame indicated by the schedule provided previously in this document under the heading of "Schedules". Where consecutive calendar days ("Contract Time") from the date specified in the District's Notice to Proceed shows the Work completed in less than the Contract Time indicated in the Contract, shall be considered to have Project Float. Completion-Extension Of Time: If Contractor fails to complete the Work within the Contract Time, due allowance being made for the contingencies provided for herein, Contractor shall become liable to District for all loss and damage that District may suffer on account thereof. Contractor shall coordinate its Work with the work of all other contractors. The District shall not be liable for delays resulting from Sample Agreement BID NO Printing and Mailing of Adult Education Class Schedules - Page 30