INVITATION TO BID BID NO.

Transcription

1 CCCD BD 615 Rev INVITATION TO BID BID NO. Coast Community College District 1370 Adams Ave, Costa Mesa, CA Date Issued: July 8, 2016 CLOSING DATE: July 26, 2016 Advertisement Dates: July 8, 2016 and July 15, 2016 Sealed bids will be received in the office of the Purchasing & Accounts Payable Manager, Coast Community College District, 1370 Adams Ave, Costa Mesa, CA 92626, on or prior to 10:00 a.m. on the Closing Date written above, at which time they will be publicly opened and declared, for furnishing: BIDDER S SURETY IS: X NO BID BOND REQUIRED FOR THIS BID. REQUIRED in the amount of and shall be enclosed with the bid proposal. Pick-up and Disposal of Solid Waste for Coast District - Rebid QUALIFICATIONS: To qualify for consideration, each bid must be: 1. Returned complete and intact on standard bid forms provided. 2. Physically received no later than the hour and closing date prescribed above. 3. Signed manually by an authorized bidder or company representative. INVALIDATION: Failure to comply with the above requirements shall constitute grounds for invalidating the bid which may be rejected and declared void by the DISTRICT. PROPOSAL TO THE BOARD OF TRUSTEES OF THE COAST COMMUNTIY COLLEGE DISTRICT Honorable Members: In compliance with the invitation to bid, the undersigned, acting for the firm named, hereby proposes and agrees, if this bid is accepted, to furnish the items and/or services at the prices quoted opposite each item, within the times indicated, and in accordance with the instructions, general conditions, and specifications set forth in these bid documents. --Please read these instructions, the general conditions, and the specifications carefully before FIRM NAME. By. Print or Type Name MANUAL SIGNATURE submitting your bid. Address. --Quote Net 30 Installed prices only. Number Street --Do not include State Sales tax unless requested. Show Federal tax, if any, separately. City Phone. State Zip Dated:. --For further information, Fax Purchasing@cccd.edu If authorized to collect SALES or USE Tax, write PERMIT NO.. 1

2 GENERAL CONDITIONS OF THE BID 1. The detailed requirements of the specifications shall supersede any conflicting provisions of these General Provisions. 2. Hereinafter the word District means the Board of Education or its authorized representative. 3. PROMPT PAYMENT TERMS will not influence the award of Bid Orders (except in case of ties). 4. BIDDERS SURETY, when required by the invitation to bid, shall be in the form of a good and sufficient bid bond, or cashier s check, drawn on a solvent bank in favor of the Coast Community College District, or cash deposit. If the bidder fails, within ten (10) days after notice of award of contract, to enter into or execute a contract, file a performance bond, or otherwise neglect to comply with the provisions of this bid, the District may retain the bidder s surety as liquidated damages to reimburse the District for expenses in the amount equal to the additional burden and expense, if any, arising from said failure. a. FAITHFUL PERFORMANCE BOND. The successful bidder, hereinafter called contractor, shall furnish, when required to do so by the provisions of the bid, a good and sufficient bond in a sum as stated in the invitation to bid, as a guarantee that the contractor shall faithfully perform in accordance with all of the terms and conditions of the contract. 5. BID PREPARATION AND SUBMISSION: a. Bids received later than the time and date specified in the Invitation to Bid will not be considered. b. All prices and other notations must be typewritten or written in ink. Changes or corrections must be initialed in ink by the person signing the bid. c. Bidders must bid separately on each item, showing unit price and extension. In case of error in computation, the unit price shall prevail. d. Bidder shall quote lowest net price, best delivery date, maximum discount terms for prompt payment, and make and model of the item offered. e. Brand Names: Where brand names and models or their equal are identified, such reference is not intended to be restrictive but is for the sole purpose of indicating to prospective bidders a description of the articles required. Bids on alternate or substituted items will be considered, provided the bid clearly describes the substitutes offered, and they are equal to the specified item in quality, utility and performance. A sample thereof shall be submitted only when requested to do so. The sample shall be furnished free of cost to the District. It is understood and agreed that the bidder is bidding upon the identical item specified, unless he states specifically in the space provided, the brand or model he offers as the equal of the one specified. f. On items to be awarded as a LOT, all bidders are required to bid on each item listed in the lot. The District reserves the right, however, to accept or reject one or more items in the Lot and to accept partial bids. g. WITHDRAWAL OR CHANGE OF BID: Bids may be withdrawn only by letter or in person prior to the stated closing time. No change or corrections or withdrawal of bids will be permitted thereafter without written authorization by the District. h. TRADE-INS & ALTERNATIVE BID: The District may offer to purchase certain items conditioned on the agreement of the bidder to purchase designated equipment and remove same from the District Warehouse, and stating in the bid the amount that may be deducted from the bid price for furnishing the new material, as provided in Paragraphs and of the Education Code. The condition of the equipment to be turned in to be as is. Equipment may be inspected if desired. Bidder may either offer an exchange allowance or an alternative quotation on the same item without trade-in. i. Unless otherwise stated, bid specifications call for equipment and supplies that are new and unused, of current manufacture. 6. AWARDS & RESERVATIONS: 2

3 a. The District reserves the right to (1) Reject any and all bids, or any part of any bid. (2) Accept any part of the bids, at prices quoted, to the best advantage of the District, unless bidder positively limits his bid to all or none. (3) Waive any informality or minor irregularity in any bid. b. Bids are subject to acceptance within thirty (30) days of closing date, and all bids shall remain irrevocably in effect for 30 days after the bid closing date. c. A written purchase order mailed, or otherwise furnished, to the contractor results in a binding contract without further action by either party. 7. DELIVERY/F.O.B.: All articles, unless otherwise specified, must be delivered, ready for use, F.O.B. Coast Community College District, in quantities and within the time specified by the purchase order. No equipment shall be accepted knocked down; all equipment shall be assembled prior to (or within three days after) delivery; and no charges for transportation, handling, containers, packing, etc., will be allowed unless otherwise specified in the quotation. All articles shall be subject to inspection and acceptance or rejection by the District. Removal of all packing material shall be the responsibility of the awarded bidder. 8. DEFAULT BY CONTRACTOR: The District shall hold the contractor responsible for any damage which may be sustained because of the failure or neglect of the contractor to comply with any term or condition listed herein or in the purchase order, it being specifically provided and agreed that time shall be of the essence of the contract delivery requirements. If the contractor fails or neglects to furnish or deliver any of the materials, supplies or services listed herein at the prices named and at the time and places herein stated or otherwise fails or neglects to comply with the specifications and other terms of the contract, the District may, upon written notice to the contractor, cancel the contract in its entirety or cancel or rescind any or all items affected by such default, and may, whether or not the contract is canceled in whole or in part, purchase the materials, supplies or services elsewhere without notice to the contractor. The prices paid by the District at the time such purchases are made shall be considered the prevailing market prices. Any extra cost incurred by such default may be collected by the District from the contractor and the surety on the performance bond, if any. 9. ASSIGNMENT: No contract awarded under this proposal shall be assigned except with the District s written approval. 10. SAFETY AND LEGAL REQUIREMENTS: a. All materials, equipment or supplies referred to in the bid shall be in full compliance with the safety orders and regulations of the Division of Industrial Safety of the State of California, and the minimum standards of the O.S.H.A., and all other laws and ordinances applicable thereto. b. All electrical, radio and electronic equipment, materials, supplies and accessories called for in the specifications must bear the seal of approval of the Underwriters Lab., Inc., and/or the Electrical Testing Laboratories of the City of Los Angeles. Where seals of approval are not visibly identifiable, a signed statement of such approval shall be furnished to the District, if so requested. c. Motor-driven or shock-hazard machinery and appliances must have a 3-wire cord (grounded) and 3-prong plug. If the item is double-insulated and so certified by U.L., grounding is not necessary. 11. PAYMENT: a. Payment will be made on Net 30 terms only to the firm name written on the quotation and will not be made on partial shipments unless authorized in writing by the Purchasing Department. b. All cash discount (prompt payment terms) shall be taken and computed from the date of acceptance of material or the date of receipt of the invoice, whichever is later. 12. WARRANTY: Period shall begin on the date that the article is placed into service by the user. Each bidder shall state in writing the warranty on parts, labor and travel costs, when applicable. 3

4 13. PERMITS AND LICENSES: The contractor and all of his employees or agents shall secure and maintain in force such licenses and permits as are required by law, in connection with the furnishing of materials, articles or services herein listed. 14. CONTRACT DOCUMENTS: The complete purchase agreement includes the following documents: The advertisement for bids (when required), the bid and purchase order conditions, the specifications and drawings, the bid of the supplier and its acceptance by the District, the purchase order, performance guarantee, and all amendments thereto. Any of these documents shall be interpreted to include all provisions of the other documents as though fully set out therein. 15. FORCE MAJEURE CLAUSE: The parties to the contract shall be excused from performance thereunder during the time and to the extent that they are prevented from obtaining, delivering or performing by act of God, fire, strike, loss or shortage of transportation facilities, lockout, or commandeering of materials, products, plants or facilities by the government, when satisfactory evidence thereof is presented to the other party, provided that it is established that the non-performance is not due to the fault or neglect of the party not performing. 16. SUBSTITUTED SECURITY: In accordance with Section of the Public Contract Code, the District will permit the substitution of Securities for any monies withheld by the District to ensure performance under the contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the District, or with a state or federally chartered bank as the escrow agent, who shall then pay such monies to the Contractor. Upon satisfactory completion of the contract, the Securities shall be returned to the Contractor. Securities eligible for investment under this section shall include those listed in Government Code Section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the District. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this section shall be substantially similar to the form set forth in Public Contract Code Section COLLUSION STATEMENT: The above signed hereby certifies that this bid is genuine and not sham or collusive or made in the interest or behalf of any person not herein named, and that the above signed has not directly or indirectly, induced or solicited any other bidder to put in sham bid, or any other person, firm, or corporation to refrain from bidding, and the above signed has not in any manner sought by collusion to secure for himself an advantage over any other bidder. 18. ASSIGNMENT BY BIDDER: Assignment by bidder to purchasing body rights under federal law arising from purchase pursuant to bid: In submitting a bid to public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 commencing with Section 16700) or Part 2 of Division 7 of the Business Professions Code, arising from purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. The preceding provisions of this section shall be included in full in any specification for the public purchase and shall be included in full in the bid agreement or general provisions incorporated into the bid agreement. 19. COPIES OF BID: Specifications and bid forms may be obtained at the Coast Community College District Purchasing website ( 4

5 20. AFFIRMATIVE ACTION: The Coast Community College District is an Affirmative Action/Equal Employment Opportunity Employer and in accordance with applicable state and federal law, does not discriminate in any employment practice on the basis of age (40 and over), ancestry, color, marital status, medical condition (cancer related), national origin, political or union affiliation, physical or metal disability, race, religion, sexual orientation or sex. This policy of affording equal employment opportunities to all persons is in keeping with provisions of Title VII and Title IX amendments of the United States Code, which protect persons against discrimination. 21. SCOPE OF WORK: The Coast Community College District hereinafter referred to as the District has an immediate requirement for the Pick-up and Disposal of Solid Waste for Coast District. 22. APPLICABILITY: These terms and conditions are incorporated as required for all items listed in the bid form, in addition to the individual specified description for each separate item. 23. SAFETY FEATURES: Each bidder who submits a proposal, by such action positively certifies that electrically powered equipment and electrical accessories are: a. Protected and free from shock or other electrical hazards b. Listed by Underwriter s Laboratory c. Qualified under OSHA requirements 24. PERFORMANCE: Each proposal and or bid submitted shall be accepted by the district conditionally, subject to evaluation of the bidder s capability to deliver in a timely and reasonable period without excessive delay or communication breakdowns. Notwithstanding bid prices, the District reserves the right to disqualify and reject any bid which is not supported by adequate capabilities for warranty service and prompt delivery to the District. 25. EQUIVALENT BRANDS: The makes and models of equipment described and specified in this bid have been tested extensively and have been found satisfactory for District requirements. Any other brands offered as equals shall be accepted only after extensive testing and inspection has proven their capabilities to meet District needs. 26. DELIVERY SAMPLES: Samples of equipment may be required for evaluation. Samples will be delivered to the District and returned to the bidder at bidder s expense. Bidders are hereby notified to have samples of items ready for prompt evaluation within five (5) calendar days after request from District. Samples, which cannot be provided in that time, may not be considered for award. 27. SPECIFICATIONS: Specification sheets for all products being bid upon must be included within the bid. Specification sheets must be complete and demonstrate clearly the product s ability to meet District specification requirements. The responsibility to provide these sheets rests solely with the bidder. The District reserves the right to make final determination regarding conciseness and completeness of specification sheets provided. Failure to meet this condition may result in rejection of the bid. 28. RATING AND RELIABILITY: Audiovisual equipment submitted for bid will be verified against major audiovisual trade magazine ratings and testing reports for reliability, technical support, and repair service. Equipment that fails to meet this specification may be rejected on that basis. The District reserves the right to make final determinations regarding ratings and reliability. 5

6 29. MANUFACTURER S REPRESENTATIVE: Dealers who submit an offer, as a manufacturer s representative must supplement the offer with a letter from the manufacturer certifying that the vendor is a bona fide dealer for the specific equipment presented. That the vendor is authorized to submit an offer on such equipment, and which guarantees that should the dealer fail to satisfactorily fulfill any obligations established as a result of the award the manufacturer will assume such obligations or provide for their competent assumption by one or more bona fide dealers for the balance of the award. 30. DELIVERY: All items shall be bid F.O.B. destination to any site within the District. Any bidder who cannot pledge this delivery arrangement must make clear their exception to this specification within their bid. Any equipment received by the District, which is deemed inoperable or damaged, shall be returned to the vendor for repair or exchange at the vendor s expense. 31. WARRANTY: The District requires and bidders agree that as part of the cost, all products purchased under the terms of this bid shall be covered by warranty, for parts and labor, as listed in the bid Specifications. Each bidder acknowledges the obligation for this kind of warranty and any bidder who cannot pledge this warranty should make clear their exception to this specification in their bid. Exceptions taken to this warranty may result in rejection of their bid. 32. MANUALS: Bidder shall provide an operation, service/repair and electronic specifications manuals normally supplied with each item included in this bid at no additional cost to the District. 33. QUANTITIES: The District has immediate requirements for certain items contained in this bid. However, the quantities requested are estimates only and in no way guarantee purchase of those quantities. The purpose is to estimate firm pricing for the current and possible future purchases. 34. PRICING: The District requires that all pricing contained in this bid remain in effect through the term of the contract. Bidders also agree that pricing for each item will be firm and that purchases in excess of the bid request will be honored throughout the commitment period. 35. PREVAILING WAGE: The Contractor and any subcontractor(s) listed on DESIGNATION OF SUBCONTRACTORS form shall pay not less than the specified prevailing rates of wages to all workers employed by them in the execution of the contract. 36. RIGHT TO REJECT BID: The District reserves the right to reject any or all bids, to waive any discrepancy or technicality, and to split the awards in any manner deemed most advantageous to the District. 37. AWARD: To best meet District needs and to preserve continuity, items on this bid will be awarded as a lot. The District reserves the right to cancel or withdraw any item before award and proceed with an award on the remaining items as a lot. Vendors must submit a price for each item within the lot to be considered for award of that lot. Failure to meet this condition may result in rejection of the bid. If an alternate item is bid and rejected within a lot, it may result in rejection of the lot. 38. REQUEST FOR INFORMATION (RFI) All pre-bid Request for information (RFI) shall be submitted in hard copy form to John Eriksen, Director of Purchasing, Coast Community College District at purchasing@cccd.edu and received no later than 72 hours prior to bid closing date. Request made after this deadline may be disregarded. 6

7 INFORMATION REQUIRED OF BIDDER PROJECT NAME: Bid Pick-up and Disposal of Solid Waste - Rebid Coast District The Bidder shall furnish the following information. Bidder shall carefully read and answer all questions to ensure completeness and accuracy. Failure to comply with this requirement may cause rejection of the bid. Additional sheets may be attached if necessary. "You" or "your" as used herein refers to the bidder and any of its owners, officers, directors, shareholders, principals, responsible managing officer (RMO) or responsible managing employee (RME). DISTRICT has discretion to request additional information depending on the Project. (1) Bidder name and address (Post Office Box Number not sufficient): (2) Telephone: Fax No.: Electronic Mail (3) Individual Partnership Corporation Joint Venture (check one) (4) Have you ever brought any claim(s) against a public agency? Yes No If the answer is Yes, please explain in detail the name of public agency, nature of the claim and outcome. (5) List the name, address and telephone number of the Material Recovery Facility (MRF) and Compost Facility which will be used if awarded this bid. Name Address Telephone ( ) ( ) ( ) (6) Do you now or have you ever had any direct or indirect business, financial or other connection with any officer, employee or consultant of the DISTRICT? Yes No If so, please elaborate. 7

8 (7) List of References - Public projects of similar nature in a school/community college/university. 1. Name: Address and Telephone: Contact Person: Description of Project: Dates of commencement and completion of Project: 2. Name: Address and Telephone: Contact Person: Description of Project: Dates of commencement and completion of Project: 3. Name: Address and Telephone: Contact Person: Description of Project: Dates of commencement and completion of Project: I certify and declare under penalty of perjury under the laws of the State of California that the foregoing responses to the Information Required of Bidder are true and correct. Signature Print Name Title Date 8

9 INFORMATION FOR BIDDERS WARNING: READ THIS DOCUMENT CAREFULLY. DO NOT ASSUME THAT IT IS THE SAME AS OTHER SIMILAR DOCUMENTS YOU MAY HAVE SEEN, EVEN IF FROM THE SAME DISTRICT. 1. Preparation of Bid Form. Bids shall be submitted on the prescribed Bid Form, completed in full and signed. All bid items and statements shall be properly and legibly filled out. Numbers shall be stated both in words and in figures, where so indicated, and where there is a conflict in the words and the figures, the words shall control over the numbers. The signatures of all persons shall be in longhand and in ink. Prices, wording and notations must be in ink or typewritten. 2. Form and Delivery of Bids. The bid must conform and be responsive to all Project Documents and shall be made on the Bid Form provided, and the complete bid, together with any and all additional materials as required, shall be enclosed in a sealed envelope, addressed and hand delivered or mailed to the DISTRICT at: Coast Community College District, Purchasing Dept., 1370 Adams Ave., Costa Mesa Ca and must be received on or before the bid deadline (Public Contract Code Section 20112). The envelope shall be plainly marked with the Bid Number and description in the lower left hand corner with the bidder's name, the Project designation and the date and time for the opening of bids. It is the bidder's sole responsibility to ensure that their bid is received prior to the bid deadline. In accordance with Government Code Section 53068, any bid received after the scheduled closing time for receipt of bids shall be returned to the bidder unopened. At the time and place set forth for the opening of bids, the sealed bids will be opened and publicly read aloud. However, if prequalification of bidders is required pursuant to Public Contract Code Section only those sealed bids received from prequalified bidders shall be opened and publicly read aloud. The District will place a date/time stamp machine in a conspicuous location at the place designated for submittal of Bid Proposal and shall be stamped by the District s date/time stamp machine. Bid Proposals not so stamped as timely submitted will be rejected and returned to the Bidder unopened. The Date/time stamp is controlling and determinative as to the date and time of the Bidder s submittal of its 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 bid deadline, Bid Proposals submitted after such time are nonresponsive and will be returned to the Bidder unopened. 3. Signature. Any signature required on Project Documents must be signed in the name of the bidder and must bear the signature of the person or persons duly authorized to sign these documents. Where indicated, if bidder is a corporation, the legal name of the corporation shall first be set forth, together with two signatures: one from among the chairman of the board, president or vice president and one from among the secretary, chief financial officer, or treasurer. Alternatively, the signature of other authorized officers or agents may be affixed, if duly authorized by the corporation. Such documents shall include the title of such signatories below the signature and shall bear the corporate seal. Where indicated, in the event that the bidder is a joint venture or partnership, there shall be submitted with the bid certifications signed by authorized officers of each of the parties to the joint venture or partnership, naming the individual who shall sign all necessary documents for the joint venture or partnership and, should the joint venture or partnership be the successful bidder, who shall act in all matters relative to the Project for the joint venture or partnership. If bidder is an individual, his/her signature shall be placed on such documents. 4. Modifications. Changes in or additions to any of the bid documents, summary of the work bid upon, alternative proposals, or any other modifications which are not specifically called for by the DISTRICT may result in the DISTRICT'S rejection of the bid as being non-responsive. No oral, telephonic, facsimile or electronic modification of any of the bid documents will be considered. 9

10 5. Erasures, Inconsistent or Illegible Bids. The bid submitted must not contain any erasures, interlineations, or other corrections unless each such correction is authenticated by affixing the initials of the person(s) signing the bid in the margin immediately adjacent to the correction. In the event of inconsistency between words and numbers in the bid, words shall control numbers. In the event that DISTRICT determines that any bid is unintelligible, illegible or ambiguous, the DISTRICT may reject such bid as being non-responsive. 6. Examination of Site and Project Documents. At its own expense and prior to submitting its bid, each bidder shall examine all documents relating to the Project; visit the site and determine the local conditions which may in any way affect the performance of the work, including the general prevailing rates of per diem wages and other relevant cost factors; familiarize itself with all Federal, State and Local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work; make such surveys and investigations, including investigation of subsurface or latent physical conditions at the site or where work is to be performed, as it may deem necessary for performance of the work at its bid price ; determine the character, quality, and quantities of the work to be performed and the materials and equipment to be provided; and correlate its observations, investigations, and determinations with all requirements of the Project. The Project Documents show and describe the existing conditions as they are believed to have been used in the design of the work and are only provided as information for the bidder. The DISTRICT is not making any warranties regarding said information. The DISTRICT shall not be liable for any loss sustained by the successful bidder resulting from any variance between the conditions and design data given in the Project Documents and the actual conditions revealed during the bidder's pre-bid examination or during the progress of the work. Bidder agrees that the submission of a bid shall be incontrovertible evidence that the bidder has complied with all the requirements of this provision of the Information for Bidders. 7. Withdrawal of Bids. Any bid may be withdrawn, either personally or by written request signed by the bidder, at any time prior to the scheduled closing time for receipt of bids. The bid security (if applicable) for a bid withdrawn prior to the scheduled closing time for receipt of bids, in accordance with this paragraph, shall be returned. No bidder may withdraw any bid for a period of Sixty (60) calendar days after the date set for the opening of bids. 8. Interpretation of Project Documents. If any bidder is in doubt as to the true meaning of any part of the Project Documents, or finds discrepancies in or omissions from the Project Documents, a written request for an interpretation or correction thereof must be submitted to the DISTRICT Ten (10) days before bid deadline. No requests shall be considered after this time. The bidder submitting the written request shall be responsible for its prompt delivery. Any interpretation or correction of the Project Documents will be made solely at DISTRICT s discretion and only by written addendum duly issued by the DISTRICT, and a copy of such addendum will be hand delivered or mailed or faxed to each bidder known to have received a set of the Project Documents. No person is authorized to make any oral interpretation of any provision in the Project Documents, nor shall any oral interpretation of Project Documents be binding on the DISTRICT. If there are discrepancies of any kind in the Project Documents, the interpretation of the DISTRICT shall prevail. Submittal of a bid without a request for clarifications shall be incontrovertible evidence that the bidder has determined that the project documents are acceptable and sufficient for bidding and completing the work; that bidder is capable of reading, following and completing the work in accordance with the project documents; and that bidder agrees that the project can and will be completed according to the district s timelines and according to the progress schedule to be submitted by the successful bidder incorporating the district s timelines for completion of the project. 9. Bidders Interested in More Than One Bid. No person, firm or corporation shall be allowed to make, or file, or be interested in more than one bid for the same work unless alternate bids are specifically 10

11 called for by the DISTRICT. A person, firm, or corporation that has submitted a sub proposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a proposal or quoting prices to other bidders or submitting a bid on the Project. 10. Award of Contract. The DISTRICT reserves the right to reject any or all bids, or to waive any irregularities or informalities in any bids or in the bidding process. The award of the contract, if made by the DISTRICT, will be by action of the Governing Board and to the lowest responsive and responsible bidder. If two identical low bids are received from responsive and responsible bidders, the DISTRICT will determine which bid will be accepted pursuant to Public Contract Code Section In the event an award of the contract is made to a bidder, and such bidder fails or refuses to execute the Agreement and provide the required documents within Fifteen (15) working days after the notice of award of the contract to bidder, the DISTRICT may award the contract to the next lowest responsive and responsible bidder or reject all bidders. 11. Competency of Bidders. In selecting the lowest responsive and responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the Project. By submitting a bid, each bidder agrees that the DISTRICT, in determining the successful bidder and its eligibility for the award, may consider the bidder s experience and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, and other factors which could affect the bidder s performance of the Project. To this end, each bid shall be supported by a statement of the bidder s experience on the form entitled INFORMATION REQUIRED OF BIDDER. The DISTRICT may also consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the work. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by the DISTRICT. In this regard, the DISTRICT may conduct such investigations as the DISTRICT deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of the bidder, proposed subcontractors, and other persons and organizations to do the work to the DISTRICT s satisfaction within the prescribed time. The DISTRICT reserves the right to reject the bid of any bidder who does not pass any such evaluation to the satisfaction of the DISTRICT. 12. Insurance and Workers' Compensation. The successful bidder shall be required to furnish certificates and endorsements evidencing that the required insurance is in effect. DISTRICT may request that such certificates and endorsements are completed on DISTRICT provided forms. In accordance with the provisions of Section 3700 of the Labor Code, the successful bidder shall secure the payment of compensation to all employees. The successful bidder who has been awarded the contract shall sign and file with DISTRICT prior to performing the work, the Workers Compensation Certificate included as a part of the Project Documents. Labor Code Section Contractor's License. If, at the time and date of the bid opening, bidder is not properly licensed to perform the Project in accordance with Division 3, Chapter 9, of the Business and Professions Code and the Project Documents, such bid will be rejected as non-responsive. (Public Contract Code Section 3300) Pursuant to Business and Professions Code Section , no payment shall be made for work or materials under the contract unless and until the Registrar of Contractors verifies to the DISTRICT that the bidder was properly licensed at the time the bid was submitted. Any bidder not so licensed is subject to penalties under the law and the contract will be considered void and DISTRICT shall have the right to bring an action against the unlicensed bidder awarded the contract for recovery of all compensation paid under the contract. (Business and Professions Code Section 7031(b)) If the license classification specified hereinafter is that of a "specialty contractor" as defined in Section 7058 of the Business and 11

12 Professions Code, the specialty contractor awarded the contract for this work shall construct a majority of the work, in accordance with the provisions of Business and Professions Code Section The bidder may not use the contractor license of a third party for this bid. 14. Anti-Discrimination. In connection with all work performed under this Project, there shall be no unlawful discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, religious creed, sex, age, marital status, physical disability, mental disability, or medical condition. The successful bidder agrees to comply with applicable Federal and State laws including, but not limited to, the California Fair Employment and Housing Act, beginning with Government Code Section and Labor Code Section In addition, the successful bidder agrees to require like compliance by any subcontractors employed on the Project by such bidder. 15. Hold Harmless and Indemnification. The successful bidder awarded the contract will be required to indemnify and hold harmless the DISTRICT, its Governing Board, officers, agents, and employees as set forth in the Agreement. 16. Drug-Free Workplace Certification. Pursuant to Government Code Sections 8350, et seq., the successful bidder will be required to execute a Drug-Free Workplace Certification upon execution of the Agreement. The bidder will be required to take positive measures outlined in the certification in order to ensure the presence of a drug-free workplace. Failure to abide with the conditions set forth in the Drug-Free Workplace Act could result in penalties including termination of the Agreement or suspension of payment there under. 17. Noncollusion Affidavit. In accordance with the provisions of Section 7106 of the Public Contract Code, each bid must be accompanied by a Noncollusion affidavit. 18. Tobacco-Free Policy. The successful bidder shall agree to enforce a tobacco-free work site. 19. Lead. Pursuant to the Lead-Safe Schools Protection Act (Education Code Sections 32240, et seq.) and other applicable law, the successful bidder shall not use lead-based paint, lead plumbing and solders, or other potential sources of lead contamination in the construction of any new school facility or the modernization or renovation of any existing school facility. 20. LABOR COMPLIANCE PROGRAM: The successful bidder shall maintain and furnish to the DISTRICT, or its designated representative, in a periodic basis as directed by the DISTRICT, but in no event less frequent than once each month, certified copies of weekly payroll records signed under penalty of perjury. The DISTRICT, or its designated representative, shall review the payroll records to verify compliance with the general prevailing rates of per diem wages requirements and shall conduct audits as it deems necessary. The general prevailing rates of per diem wages and a description of payments are on file at the DISTRICT s Physical Facilities office and are available to any interested party upon request. If the payroll records are delinquent or inadequate, the DISTRICT shall withhold contract payments. Additionally, if, after an investigation, it is established that an underpayment occurred, the DISTRICT shall withhold contract payments equal to the amount of underpayment and applicable penalties. 12

13 DRUG-FREE WORKPLACE CERTIFICATION (Bid 2092 Pick-up and Disposal of Solid Waste Re-bid CCCD) This Drug-Free Workplace Certification is required 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 for the procurement of any property or services 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 awarded by a State agency may be subject to suspension of payments or termination of the contract and the contractor may be subject to debarment from future contracting, if the state agency determines that specified acts have occurred. Pursuant to Government Code Section 8355, every person or organization awarded a contract from a State agency shall certify that it will provide a drug-free workplace by doing all of the following: 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; 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; e. Requiring that each employee engaged in the performance of the contract be given a copy of the statement required by subdivision (a) and that, as a condition of employment on the contract, 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 suspension of payments, termination, or both. I further understand that, should I violate the terms of the Drug-Free Workplace Act of 1990, I may be subject to debarment in accordance with the requirements of Section 8350, et seq. I acknowledge that I am aware of the provisions of Government Code Section 8350, et seq. and hereby certify that I will adhere to the requirements of the Drug-Free Workplace Act of NAME OF CONTRACTOR Print Name Date Signature Title 13

14 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID FORM, being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that 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 bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that 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, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that 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, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature & Date Printed Name & Title 14

15 Labor Code Section WORKERS' COMPENSATION CERTIFICATE "Every employer except the state shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer or as 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. (c) For any county, city, city and county, municipal corporation, public district, public agency or any political subdivision of the state, including each member of a pooling arrangement under a joint exercise of powers agreement (but not the state itself), by securing from the Director of Industrial Relations a certificate of consent to self-insure against workers' compensation claims, which certificate may be given upon furnishing proof satisfactory to the director of ability to administer workers' compensation claims properly, and to pay workers' compensation claims that may become due to its employees. On or before March 31, 1979, a political subdivision of the state which, on December 31, 1978, was uninsured for its liability to pay compensation, shall file a properly completed and executed application for a certificate of consent to self-insure against workers' compensation claims. The certificate shall be issued and be subject to the provisions of Section 3702." I am aware of the provisions of Labor Code Section 3700 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 this contract. Name of the Contractor Signature Print Name Title Date (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.) 15

16 BID #2092 SPECIAL CONDITIONS 1. TERM OF CONTRACT. COLLECTION & DISPOSAL OF SOLID WASTE RE-BID The Coast Community College District (District) is inviting vendors to bid for the collection and disposal of solid waste, recyclables, and organic materials. The contract period shall be from August 31, 2016 through June 30, 2017 with an option to renew, by mutual agreement, for up to four (4) additional twelve-month increments not to exceed a total of five (5) years per Ed Code After the initial first contract year, a multi-year contract may be awarded not to exceed a total of four (4) additional years by mutual agreement. a. Transition Period. In the event that the District s current vendor is not awarded this bid, then there will be a reasonable transition period; which the current vendor must remove their bins and the awarded vendor places their bins at the specified pick-up locations. It is incumbent upon both parties that a smooth transition occur in order to minimize the disruption of services to the Coast District. After the District Board of Trustees has approved a recommendation to award this bid, a Notice to proceed letter shall be sent to the awarded bidder. The District shall be responsible for coordinating with the awarded bidder and the current vendor for the removal and placement of awarded vendors bins. 2. SCOPE OF CONTRACT. The Contractor acknowledges that Coast District is committed to diverting materials from disposal through the implementation of source reduction, reuse, recycling, and organics collection/composting programs. For the purposes of this bid, designated recyclable materials shall include, but not limited to California Redemption Value (CRV) containers, mixed paper, white paper, scrap metals, cardboard, wood waste and green waste (organics); as well as those materials recommended by the awarded bidder to meet and/or surpass the State of California s legislatively mandated diversion goals and program implementation requirements. Contactor shall provide all labor and equipment necessary to collect, recycle and dispose of waste, and or refuse in the manner and method herein specified at each of the locations, in size and quantities for each location and adhering to pick-up days as specified. Bids shall be for Removal and Disposal services with trash containers at the waste diversion requirements of 50% or greater of the total waste generated. In addition, the awarded bidder shall adhere to the Per Capita Disposal Measurement System required by the State of California. All solid waste collected from the District locations under the terms of this bid shall be delivered by Contractor to those recovery facilities located within a 20 mile radius of each campus or the District site, and may include the Orange County Materials Recovery Facility (MRF). In no case shall any District generated solid waste be direct hauled to a disposal site unless approved by the District. The Contactor shall provide quarterly weight reports of waste diversion and recycling information for each 16

17 location in order for the District to meet diversion goals set forth in AB 939 (Integrated Waste Management Act) and subsequent or related legislation. The Contractor shall also provide water-tight covered 3 cubic yard size bins, equipped with four (4) swivel ball-bearing casters, with plastic safety lids, in the quantities specified for each location and pickup schedule as indicated on proposal worksheets. The Contactor shall provide 40 cubic yard open top Roll Off, 40 cubic yard Compactor containers and 10 cubic yard Low Boy containers with same recycling information reports on a quarterly basis. 3. CONTRACTOR S EQUIPMENT. Contractor shall provide adequate equipment for the collection of solid waste. Each vehicle used for collection shall have the name and telephone number of the Contractor plainly visible on the outside of the vehicle for purposes of identification. Contractor s trucks shall be of appropriate size with metal bodies free from holes and cracks to prevent any spillage on District grounds or public highways. All equipment used for collection should be watertight and shall be covered with suitable waterproof tarpaulin, metal covers, or other satisfactory covers. The Contractor shall transport all waste and or refuse collected in performance of this contract in a careful and sanitary manner. No rubbish or garbage shall be permitted to leak, fall or be spilled upon streets, alleys, or onto public or private properties. Any leakage or spillage shall be immediately corrected and the area cleaned by the Contractor. Contractor shall comply with all requirements of the Health Department having jurisdiction of the location. 4. VEHICLES/OPERATORS. All contactor vehicles used in performance of this contact are to be properly registered, licensed and insured and will have necessary permits, to comply with state and local regulations. Contactor shall provide the services called for in such a manner and method as to conform to all provisions of the laws, rules, and regulations of the cities of Costa Mesa, Fountain Valley, Garden Grove Huntington Beach, Westminster, Newport Beach and California State Orange County Ordinances, and the State of California. 5. CONTAINERS AND MAINTENANCE. The Contractor will be required to furnish all bins and containers necessary for contract performance during the term of the contract. All 3 cubic yard containers shall include four (4) swivel casters, hinged plastic safety lids, and will be watertight. The District may request 4 cubic yard containers, at additional cost, if needed at specific locations. Forty (40) cubic yard compactor type containers and forty (40) cubic yard open top with dual doors and ten (10) cubic yard Low Boy container may be requested at specific locations. The Contractor shall maintain all bins in first class condition at all times. Broken lids and wheels shall be repaired as needed or replaced upon District request. Contractor must maintain and exchange 3 cubic yard bins/containers with a clean replacement at least once every year. 17