PROJECT MANUAL FOR. Building 28 A & B Exterior Painting BID NO. 3165

Transcription

1 PROJECT MANUAL FOR Building 28 A & B Exterior Painting BID NO OWNER MT. SAN ANTONIO COLLEGE 1100 N. Grand Avenue Walnut, CA (909) July 2017

2 TABLE OF CONTENTS DIVISION 0 BIDDING AND CONTRACT DOCUMENTS PAGES Cover Page Table of Contents Notice to Contractors Calling for Bids Instructions for Bidders Bid Proposal List of Subcontractors Non-Collusion Affidavit Bid Bond Pre-Bid Clarification Form Agreement Performance Bond Labor and Material Payment Bond Worker s Compensation Certificate Drug-Free Workplace Certification Iran Contracting Act Certification General Conditions Supplemental Conditions 4 Verification of Contractor/Subcontractor DIR Registration 1 DIVISION 1 GENERAL REQUIREMENTS Construction Forms Change Order Procedures Application for Payment Submittals Project Meetings Quality Control Testing and Inspection Contract Closeout 3 Specifications/Drawings Mt. San Antonio College Building 28 A & B Exterior Painting Bid 3165 TABLE of CONTENTS

3 MT. SAN ANTONIO COMMUNITY COLLEGE DISTRICT NOTICE TO CONTRACTORS CALLING FOR BIDS DISTRICT: PROJECT: BID & CONTRACT DOCUMENTS AVAILABLE VIA: MT. SAN ANTONIO COMMUNITY COLLEGE DISTRICT 1100 North Grand Avenue Walnut, CA Building 28 A & B Exterior Painting - (Bid 3165) ARC-Planwell Web: Click Go on Planwell Planroom. Using the GUEST ACCESS option: Project Number: ARCSC_MSAC_Bid_3165 Project Password: painting BID DOCS AVAILABLE On or before July 12, 2017 MANDATORY JOB WALK LOCATION MANDATORY JOB WALK DATE/TIME: LOCATION FOR SUBMISSION OF BID PROPOSALS LATEST DATE/TIME FOR SUBMISSION OF BID PROPOSALS MT. SAN ANTONIO COLLEGE Building 46 Room North Grand Ave., Walnut, CA (909) July 12, :00 am MT. SAN ANTONIO COLLEGE Purchasing Office Bldg. 4 Room 1385 (909) July 20, :00 pm NOTICE IS HEREBY GIVEN that the above-named California Community College District, acting by and through its Board of Trustees, hereinafter "the District, will receive up to, but not later than the above-stated date and time, sealed Bid Proposals for the Contract for the Work of the Project generally described as Building 28 A & B Exterior Painting. 1. Submittal of Bid Proposals. All Bid Proposals shall be submitted on forms furnished by the District. Bid Proposals must conform with, and be responsive to, the Bid and Contract Documents, copies of which may be obtained from the District as set forth above. Only Bid Proposals submitted to the District at or prior to the date and time set forth above for the public opening and reading of Bid Proposals shall be considered. 2. Bid and Contract Documents. It is anticipated that the Bid and Contract Documents will be available for review/download on or before July 12, Sets may be purchased at cost. To order project documents from ARC as a download, CD, or hardcopy/paper, visit - Click Enter Planwell Planroom. Using the GUEST ACCESS option: Project ID: ARCSC_MSAC_Bid_3165 Project Password: painting 3. Documents Accompanying Bid Proposal. Each Bid Proposal shall consist of: (a) Bid Form (b) Bid Security (c) Subcontractors List (d) Non-Collusion Declaration (e) Contractor-Subcontractor DIR Verification Form (f) Iran Contracting Act Certification Form Building 28 A & B Exterior Painting NOTICE CALLING FOR BIDS BID #3165 PAGE 1 OF 3

4 MT. SAN ANTONIO COMMUNITY COLLEGE DISTRICT All information or responses of a Bidder in its Bid Proposal and other documents accompanying the Bid Proposal shall be complete, accurate and true; incomplete, inaccurate or untrue responses or information provided therein by a Bidder shall be grounds for the District to reject such Bidder's Bid Proposal for non-responsiveness. 4. Mandatory Job-Walk. The District will conduct a ONE TIME ONLY Mandatory Job Walk at the location, date and time listed above. A Bid Proposal submitted by a Bidder whose representative (s) did not attend the entirety of the Mandatory Job Walk will be rejected by the District as being non-responsive. 5. Additional Job Walk. District will make staff available to conduct additional, nonmandatory job walks to allow contractors further opportunity to gather information. Interested bidders must request and coordinate this through Melissa Andrewin, (909) Prevailing Wage Rates. The Contractor and all Subcontractors performing any portion of the Work shall pay not less than the applicable prevailing wage rate for the classification of labor provide by their respective workers in prosecution and execution of the Work (see Section General Conditions, Article ). Pursuant to California Labor Code 1773, the Director of the Department of Industrial Relations of the State of California has determined the generally prevailing rates of wages in the locality in which the Work is to be performed. Copies of these determinations, entitled PREVAILING WAGE SCALE are available on the Internet at Otherwise, contact the District s Purchasing Office, located at 1100 North Grand Avenue, Walnut, California 91789, for assistance in obtaining a rate schedule. The Contractor awarded the Contract for the Work shall post a copy of all applicable prevailing wage rates for the Work at conspicuous locations at the Site of the Work. 7. Prevailing Wage Rate ( PWR ) Monitoring and Enforcement. The Work is subject to payment of PWRs. The Contractor and all Subcontractors of every tier shall pay laborers performing any portion of the Work not less than the PWR established for the labor provided. Pursuant to Labor Code (a)(4), PWR monitoring and enforcement shall be by the Department of Industrial Relations. 8. Contractor s License Classification. In accordance with the provisions of California Public Contract Code 3300, the District requires that Bidders possess, at the time of submission of a Bid Proposal, at the time of award of a Contract for a Bid Package and at all times during the Work, the following classification(s) of California Contractors Licenses: Class C-33. No payment shall be made for work, labor, materials or services provided under the Contract for the Work unless and until the Registrar of Contractors verifies to the District that the Bidder awarded the Contract is properly and duly licensed to perform the Work. Any Bidder not so duly and properly licensed shall be subject to all penalties imposed by law. 9. DIR Registration. Each Bidder submitting a proposal to complete the work, labor, materials, and/or services ( Work ) subject to this procurement must be a Department of Industrial Relations registered contractor pursuant to Labor Code A Bidder who is not a DIR Registered Contractor when submitting a proposal for the Work is deemed not qualified and the proposal of such a Bidder will be rejected for non-responsiveness. Pursuant to Labor Code , all Subcontractors identified in a Bidder s Subcontractors list shall be DIR Registered Contractors. If awarded the Contract for the Work, at all times during performance of the Work, the Bidder and all Subcontractors, of any tier, shall be DIR Registered Contractors. 10. Bidder Prequalification. Contractors wishing to bid as prime contractor on this project must be prequalified by the District 24 hours prior to the Bid Opening. Prequalification forms will be available by contacting Rondell Schroeder, rschroeder@mtsac.edu. Contractors must submit their completed application and all required documentation to the District s Purchasing Office, at the address noted above, on or before July 17, Building 28 A & B Exterior Painting NOTICE CALLING FOR BIDS BID #3165 PAGE 2 OF 3

5 MT. SAN ANTONIO COMMUNITY COLLEGE DISTRICT 11. Contract Time. The date(s) for completion of Interim Milestones and for achieving Final Completion of the Work of each Bid Package shall be as set forth in the Supplemental Conditions. Failure to complete designated portions of the Work, including Interim Milestones, within the time(s) established in the Supplemental Conditions for each Bid Package and/or failure to achieve Final Completion of the Work within the Contract Time established in the Supplemental Conditions for each Bid Package shall subject the Contractor to assessment of Liquidated Damages as set forth in the Supplemental Conditions. 12. Bid Package Construction Budget. For purposes of the District s determination of the lowest priced Bid Proposal and for inclusion in the scope of a contract for a Bid Package, the Construction Budget established by the District for this Bid Package is: $70,000 with $7,000 Allowance. 13. Bid Security. Each Bid Proposal shall be accompanied by Bid Security in an amount not less than ten percent (10%) of the maximum amount of the Bid Proposal, inclusive of any additive Alternate Bid Item(s). Failure of any Bid Proposal to be accompanied by Bid Security in the form and in the amount required shall render such Bid Proposal to be non-responsive and rejected by the District. 14. No Withdrawal of Bid Proposals. Bid Proposals shall not be withdrawn by any Bidder for a period of ninety (90) days after the opening of Bid Proposals. During this time, all Bidders shall guarantee prices quoted in their respective Bid Proposals. 15. Substitute Security. In accordance with the provisions of California Public Contract Code 22300, substitution of eligible and equivalent securities for any monies withheld by the District to ensure the Contractor's performance under the Contract will be permitted at the request and expense of the Contractor and in conformity with California Public Contract Code The foregoing notwithstanding, the Bidder to whom the Contract is awarded shall have ten (10) days following action by the District's Board of Trustees to award the Contract to such Bidder to submit its written request to the District to permit the substitution of securities for retention under California Public Contract Code The failure of such Bidder to make such written request to the District within said ten (10) day period shall be deemed a waiver of the Bidder's rights under California Public Contract Code Waiver of Irregularities. The District reserves the right to reject any or all Bid Proposals or to waive any irregularities or informalities in any Bid Proposal or in the bidding. 17. Award of Contract. The Contract for the Work, if awarded, will be by action of the District's Board of Trustees to the responsible Bidder submitting the lowest responsive Bid Proposal. If Alternate Bid Items are included in the bidding, the lowest priced Bid Proposal will be determined on the basis of the Base Bid Proposal or on the Base Bid Proposal and the combination of Alternate Bid Items selected in accordance with the applicable provisions of the Instructions for Bidders. 18. Inquiries and Clarifications. This document is for informational purposes and shall not relieve the Bidder of the requirements to fully familiarize itself with all the factors affecting the Project and its Bid. The Bidder is advised that all inquiries and clarifications about the Bid Documents, Drawings, Specifications, etc. shall be submitted to the District in writing on or before July 17, The District will respond at its earliest possible opportunity. Verbal communication by either party with regard to this matter is invalid. Inquiries shall be sent to Matt Thatcher, mthatcher@mtsac.edu with cc: to: Melissa Andrewin, mandrewin@mtsac.edu. Michael Gregoryk Vice President, Administrative Services MT. SAN ANTONIO COMMUNITY COLLEGE DISTRICT Los Angeles County, State of California Building 28 A & B Exterior Painting NOTICE CALLING FOR BIDS BID #3165 PAGE 3 OF 3

6 MT. SAN ANTONIO COLLEGE INSTRUCTIONS FOR BIDDERS 1. Preparation and Submittal of Bid Proposal. 1.1 Bid Proposal Preparation. All information required by the bid forms must be completely and accurately provided. Numbers shall be stated in both words and figures where so indicated in the bid forms; conflicts between a number stated in words and in figures are governed by the words. Partially completed Bid Proposals or Bid Proposals submitted on other than the bid forms included herein may be deemed non-responsive and may be rejected. Bid Proposals not conforming to these Instructions for Bidders and the Notice to Contractors Calling for Bids ("Call for Bids") may be deemed non-responsive and rejected. 1.2 Bid Proposal Submittal. Bid Proposals shall be submitted at the place designated in the Call for Bids in sealed envelopes bearing on the outside the Bidder's name and address along with an identification of the Bid Package number and description of the Bid Package for which the Bid Proposal is submitted. Bidders are solely responsible for timely submission of Bid Proposals to the District at the place designated in the Call for Bids. 1.3 Date and Time of Bid Proposal Submittal. The District will place a clock ( the District Clock ) in a conspicuous location at the place designated for submittal of Bid Proposals. For purposes of determining the time that a Bid Proposal is submitted, the District Clock shall be controlling. The foregoing notwithstanding, whether or not Bid Proposals are opened exactly at the time fixed in the Call for Bids or in any Addenda extending the date and/or time due to material changes, no Bid Proposals shall be received or considered by the District after it has commenced the public opening and reading of Bid Proposals; Bid Proposals submitted after such time are non-responsive and will be returned to the Bidder unopened. 1.4 Submission of Bid Proposals for More Than One Bid Package. A Bidder may submit a Bid Proposal for more than one (1) Bid Package. If a Bidder elects to submit Bid Proposals for multiple Bid Packages, the following requirements shall apply: (a) the Bidder must submit a separate Bid Proposal for each Bid Package; (b) the Bid Proposal for each Bid Package must be submitted in separate sealed envelopes which clearly identify the Bid Package number and Bid Package Description; (c) each Bid Proposal for a Bid Package must be accompanied by the required Bid Security for the Bid Package, a completed and executed Statement of Bidder s Qualifications, Subcontractors List and executed Non-Collusion Affidavit. Bidders shall not submit Bid Proposals for more than one Bid Package in a Bid Proposal; if a Bidder s Bid Proposal is for more than one Bid Package, such a Bid Proposal will be rejected as nonresponsive. Bidders submitting Bid Proposals for more than one Bid Package must complete and submit separate Bid Proposals and other documents as required for each Bid Package. 2. Bid Security. Each Bid Proposal shall be accompanied by Bid Security in the form of: (a) cash, (b) a certified or cashier's check made payable to the District or (c) a Bid Bond, in the form and content attached hereto, in favor of the District executed by the Bidder as a principal and a Surety as surety (the "Bid Security") in an amount not less than the percentage of the maximum amount of the Bid Proposal. Any Bid Proposal submitted without the required Bid Security is non-responsive and will be rejected. If the Bid Security is in the form of a Bid Bond, the Bidder's Bid Proposal shall be deemed responsive only if the Bid Bond is in the form and content included herein and the Surety is an Admitted Surety Insurer under Code of Civil Procedure If the Bid Security is a Bid Bond, the Bidder submitting the Bid Proposal and/or its Surety must complete the portion of the form of Bid Bond indicating the Bid Package and description of Bid Package; failure to do so will render the Bid Proposal non-responsive. Building 28 A & B Exterior Painting INSTRUCTIONS FOR BIDDERS BID #3165 PAGE 1 OF 8

7 MT. SAN ANTONIO COLLEGE 3. Documents Accompanying Bid Proposal; Signatures. The Bid Proposal must be submitted with all documents listed in the Call for Bids. All bid forms shall be executed by an individual duly authorized to execute the same on behalf of the Bidder. 4. Modifications. Changes to the bid forms which are not specifically called for or permitted may result in the District's rejection of the Bid Proposal as being non-responsive. No oral or telephonic modification of any submitted Bid Proposal will be considered. A written modification may be considered only if actually received by the District fourteen (14) days prior to the scheduled closing time for receipt of Bid Proposals and the public opening thereof. 5. Erasures; Inconsistent or Illegible Bid Proposals. Bid Proposals must not contain any erasures, interlineations or other corrections unless the same are suitably authenticated by affixing in the margin immediately opposite such erasure, interlineation or correction the surname(s) of the person(s) signing the Bid Proposal. Any Bid Proposal not conforming with the foregoing may be deemed by the District to be non-responsive. If any Bid Proposal or portions thereof, is determined by the District to be illegible, ambiguous or inconsistent, whether by virtue of any erasures, interlineations, corrections or otherwise, the District may reject such a Bid Proposal as being nonresponsive. 6. Examination of Site and Contract Documents. Each Bidder shall, at its sole cost and expense, inspect the Site and become fully acquainted with the Contract Documents and conditions affecting the Work. The failure of a Bidder to receive or examine any of the Contract Documents or to inspect the Site shall not relieve such Bidder from any obligation with respect to the Bid Proposal, or the Work required under the Contract Documents. The District assumes no responsibility or liability to any Bidder for, nor shall the District be bound by, any understandings, representations or agreements of the District's agents, employees or officers concerning the Contract Documents or the Work made prior to execution of the Contract which are not in the form of Bid Addenda duly issued by the District. The submission of a Bid Proposal shall be deemed prima facie evidence of the Bidder's full compliance with the requirements of this section. 7. Withdrawal of Bid Proposal. Any Bidder may withdraw its Bid Proposal without penalty by written request received by the District prior to the scheduled closing time for the receipt of Bid Proposals. A written notice of withdrawal of a submitted Bid Proposal received after the scheduled closing time for receipt of Bid Proposals shall not be considered by the District, nor effective to withdraw such Bid Proposal except as relevant to Public Contract Code 5100 et seq. 8. Agreement and Bonds. The Agreement which the successful Bidder, as Contractor, will be required to execute along with the forms and amounts of the Labor and Material Payment Bond, Performance Bond and other documents and instruments which will be required to be furnished are included in the Contract Documents and shall be carefully examined by the Bidder. The required number of executed copies of the Agreement and the form and content of the Performance Bond and the Labor and Material Payment Bond and other documents or instruments required at the time of execution of the Agreement are specified in the Supplemental Conditions. 9. Interpretation of Drawings, Specifications or Contract Documents. Any Bidder in doubt as to the true meaning of any part of the Contract Documents; who finds discrepancies, errors or omissions therein; or who finds variances in any of the Contract Documents with applicable rules, regulations, ordinances and/or laws, may submit to the District a written request for an interpretation or correction thereof. It is the sole and exclusive responsibility of the Bidder to submit such request not less than fourteen (14) days prior to the scheduled closing date for the receipt of Bid Proposals. Interpretations or corrections of the Contract Documents will be by written addendum issued by the District or the Architect. A copy of any such addendum will be mailed or delivered to each Bidder receiving a set of the Contract Documents. No person is authorized to render an oral interpretation or correction of any portion of the Contract Documents to any Bidder, Building 28 A & B Exterior Painting INSTRUCTIONS FOR BIDDERS BID #3165 PAGE 2 OF 8

8 MT. SAN ANTONIO COLLEGE and no Bidder is authorized to rely on any such oral interpretation or correction. Failure to request interpretation or clarification of any portion of the Contract Documents pursuant to the foregoing is a waiver of any discrepancy, defect or conflict therein. 10. Request for Substitution Prior to Bid Opening. Any Bidder may submit Request(s) for Substitution on the form provided herein, together with all substantiating data, no later than fourteen (14) days prior to the scheduled closing time for receipt of the Bid Proposals, in accordance with Public Contract Code The District shall use its best efforts to consider and act upon such Request for Substitution in a timely manner. Action taken, if any, will be by written addendum issued by the District, a copy of which will be mailed or delivered to each Bidder receiving a set of the Contract Documents. In the absence of a written addendum, the Request for Substitution shall be deemed denied for purposes of the District s evaluation of the Bid Proposals. 11. District's Right to Modify Contract Documents. Before the public opening and reading of Bid Proposals, the District may modify the Work, the Contract Documents, or any portion(s) thereof by the issuance of written addenda disseminated to all Bidders who have obtained a copy of the Specifications, Drawings and Contract Documents pursuant to the Call for Bids. If the District issues any addenda during the bidding, the failure of any Bidder to acknowledge such addenda in its Bid Proposal will render the Bid Proposal non-responsive and rejected. 12. Bidders Interested in More Than One Bid Proposal. No person, firm, corporation or other entity shall submit or be interested in more than one Bid Proposal for the same Work; provided, however, that a person, firm or corporation that has submitted a sub-proposal to a Bidder or who has quoted prices for materials to a Bidder is not thereby disqualified from submitting a sub-proposal, quoting prices to other Bidders or submitting a Bid Proposal for the proposed Work to the District. 13. Non-Collusion Declaration. The form of Non-Collusion Declaration included in the Contract Documents must be completed and duly executed on behalf of the Bidder; failure of a Bidder to submit a completed and executed Non-Collusion Declaration with its Bid Proposal will render the Bid Proposal non-responsive. 14. Contractor's License. No Bid Proposal will be considered from a Bidder who, at the time Bid Proposals are opened, is not licensed to perform the Work of the Bid Package for which the Bid Proposal is submitted, in accordance with the Contractors License Law, California Business & Professions Code 7000 et seq. This requirement is not a mere formality and will not be waived by the District or its Board of Trustees. The required California Contractor's License classification(s) for each Bid Package is set forth in the Call for Bids. The Contractor will be required to maintain the license(s) through the duration of the Contract. Any questions concerning licensing may be referred to the Registrar, Contractors State License Board, P.O. Box 2600, Sacramento, CA Mandatory Job-Walk. The District will conduct a Mandatory Job-Walk at the time(s) and place(s) designated in the Call for Bids. The District may, in its sole and exclusive discretion, elect to conduct one or more Job-Walk(s) in addition to that set forth in the Call for Bids, in which event the District shall notify all Bidders who have theretofore obtained the Contract Documents pursuant to the Call for Bids of any such additional Job-Walk. If the District elects to conduct any Job-Walk in addition to that set forth in the Call for Bids, the District shall, in its notice of any such additional Job-Walk(s), indicate whether Bidders' attendance at such additional Job-Walk(s) is/are mandatory. The failure of any Bidder to have its authorized representative present at the entirety of the Mandatory Job-Walk will render the Bid Proposal of such Bidder to be non-responsive. Attendance by representatives of the Bidder's Subcontractors at the Mandatory Job Walk without attendance by a representative of the Bidder shall not be sufficient to meet the Bidder's obligations hereunder and will render the Bid Proposal of such Bidder to be non-responsive. The District will reject the Bid Building 28 A & B Exterior Painting INSTRUCTIONS FOR BIDDERS BID #3165 PAGE 3 OF 8

9 MT. SAN ANTONIO COLLEGE Proposal of a Bidder who obtains the Bid and Contract Documents without having attended the Mandatory Job-Walk. 16. Bidder's Qualifications. Each Bidder must be prequalified by the District prior to Bid Opening, or the District shall reject the Bid Proposal submitted by such Bidder as being non-responsive. The required forms and documentation must be fully completed and submitted to the District at least five (5) days prior to the Bid Opening, or as specified in the Call for Bids, and the District shall advise the Bidder of its qualification status 24 hours in advance of the Bid Opening, in accordance with Public Contract Code Bidder s Qualification and Verification Forms are available at the location specified in the Call for Bids or at Mt. SAC Purchasing Office, 1100 North Grand Avenue, Walnut, CA Bidder and Subcontractors DIR Registered Contractor Status. Bidder Status. In addition to other requirements established herein relating to Bidder qualifications, in order to be deemed qualified to submit a proposal for the Work, the Bidder must be a DIR Registered Contractor when submitting a proposal. The proposal of a Bidder who is not a DIR Registered Contractor when the proposal is submitted will be rejected for non-responsiveness. Listed Subcontractors Status. All Subcontractors identified in a Bidder s Subcontractors List must be DIR Registered Subcontractors at the time of submittal of the proposal for the Work. The foregoing notwithstanding, a proposal is not subject to rejection for non-responsiveness when the Subcontractors List accompanying the proposal lists any Subcontractor(s) who is/are not DIR Registered Contractors if the listed Subcontractor(s) who are not DIR Registered become DIR Registered prior to the opening of proposals or become DIR Registered within twenty four (24) hours of the opening of proposals pursuant to Labor Code (c)(1) or (2). If the Subcontractors List accompanying the proposal lists any Subcontractor(s) who is/are not DIR Registered Contractors and the listed Subcontractor(s) who are not DIR Registered do not become DIR Registered prior to the opening of proposals or with twenty four (24) hours of the opening of proposals pursuant to Labor Code (c)(1) or (2), such proposal is not subject to rejection for non-responsiveness, provided that if the Bidder submitting the Subcontractors List with non-dir Registered Subcontractors is awarded the contract for the Work, the Bidder shall request consent of the District to substitute another Subcontractor for the non-dir Registered Subcontractor pursuant to Labor Code (c)(3), without adjustment of the Contract Price or the Contract Time. 18. DIR Registration Verification. A form of DIR Registration Verification is included with the Contract Documents. Each Bidder shall submit the completed DIR Registration Verification Form executed by a duly authorized officer or employee of the Bidder with the Bidder s proposal for the Work; failure of a Bidder to do so will render the proposal non-responsive and rejected. The proposal of a Bidder who does not verify to all matters set forth in the form of DIR Registration Verification will be rejected for non-responsiveness. 19. Subcontractors Designation of Subcontractors; Subcontractors List. Each Bidder shall submit a list of its proposed Subcontractors for the proposed Work as required by the Subletting and Subcontracting Fair Practices Act (California Public Contract Code 4100 et seq.) on the form furnished. Bidder must designate the name, address, trade, license number, and DIR Registration number of ALL listed Subcontractors with the Bid Proposal. The value of their trades or portions of the work must be submitted to the District within 24 hours after the public opening and reading of the Bids. The failure of any Bid Proposal to include all information required by the Subcontractors List will result in rejection of the Bid Proposal for non-responsiveness. Building 28 A & B Exterior Painting INSTRUCTIONS FOR BIDDERS BID #3165 PAGE 4 OF 8

10 MT. SAN ANTONIO COLLEGE 19.2 Work of Subcontractors. All Bidders are referred to the Contract Documents and the notation therein that all Contract Documents are intended to be complimentary and that the organization or arrangements of the Specifications and Drawings shall not limit the extent of the Work of the Contract Documents. Accordingly, all Bidders are encouraged to disseminate all of the Specifications, Drawings and other Contract Documents to all persons or entities submitting sub-bids to the Bidder. The omission of any portion or item of Work from the Bid Proposal or from the sub-bidders' sub-bids which is/are necessary to produce the intended results and/or which are reasonably inferable from the Contract Documents is not a basis for adjustment of the Contract Price or the Contract Time. Dissemination of the Contract Documents to sub-bidders and dissemination of addenda issued during the bidding process is solely the responsibility of each Bidder Subcontractor Bonds. In accordance with California Public Contract Code 4108, if a Bidder requires a bond or bonds of its Subcontractor(s), whether the expense of procuring such bond or bonds are to be borne by the Bidder or the Subcontractor(s), such requirements shall be specified in the Bidder's written or published request for sub-bids. Failure of the Bidder to comply with these requirements shall preclude the Bidder from imposing bonding requirements upon its Subcontractor(s) or rejection of a Subcontractor's bid under California Public Contract Code 4108(b). 20. Award of Contract Waiver of Irregularities or Informalities. The District reserves the right to reject any and all Bid Proposals or to waive any irregularities or informalities in any Bid Proposal or in the bidding Award to Lowest Responsive Responsible Bidder. The award of the Contract, if made by the District through action of its Board of Trustees, will be to the responsible Bidder submitting the lowest responsive Bid Proposal on the basis of the Base Bid Proposal or the Base Bid Proposal and Alternate Bid Items, if any, selected in accordance with these Instructions for Bidders SELECTION BY BASE BID ONLY 20.4 Responsive Bid Proposal. A responsive Bid Proposal shall mean a Bid Proposal which conforms, in all material respects, with the Bid and Contract Documents Responsible Bidder. A responsible Bidder is a Bidder who has the capability in all respects, to perform fully the requirements of the Contract Documents and the moral and business integrity and reliability which will assure good faith performance. In determining responsibility, the following criteria will be considered: (i) the ability, capacity and skill of the Bidder to perform the Work of the Contract Documents; (ii) whether the Bidder can perform the Work promptly and within the time specified, without delay or interference; (iii) the character, integrity, reputation, judgment, experience and efficiency of the Bidder; (iv) the quality of performance of the Bidder on previous contracts, by way of example only, the following information will be considered: (a) the administrative, consultant or other cost overruns incurred by the District on previous contracts with the Bidder; (b) the Bidder's compliance record with contract general conditions on other projects; (c) the submittal by the Bidder of excessive and/or unsubstantiated extra cost proposals and claims on other projects; (d) the Bidder's record for completion of work within the contract time and the Bidder's compliance with the scheduling and coordination requirements on other projects; (e) the Bidder's demonstrated cooperation with the District and other contractors on previous contracts; (f) whether the work performed and materials furnished on previous contracts was in accordance with the Contract Documents; (v) the previous and existing compliance by the Bidder with laws and ordinances relating to contracts; (vi) the sufficiency Building 28 A & B Exterior Painting INSTRUCTIONS FOR BIDDERS BID #3165 PAGE 5 OF 8

11 MT. SAN ANTONIO COLLEGE of the financial resources and ability of the Bidder to perform the work of the Contract Documents; (vii) the quality, availability and adaptability of the goods or services to the particular use required; (viii) the ability of the Bidder to provide future maintenance and service for the warranty period of the Contract; (ix) whether the Bidder is in arrears on debt or contract or is a defaulter on any surety bond; (x) such other information as may be secured by the District having a bearing on the decision to award the Contract, to include without limitation the ability, experience and commitment of the Bidder to properly and reasonably plan, schedule, coordinate and execute the Work of the Contract Documents and whether the Bidder has ever been debarred from bidding or found ineligible for bidding on any other projects. The ability of a Bidder to provide the required bonds will not of itself demonstrate responsibility of the Bidder. Upon request of the District, Bidder must promptly submit satisfactory evidence of any of the items listed above. 21. Bid Security Return. The Bid Security of three or more low Bidders, the number being solely at the discretion of the District, will be held by the District for ten (10) days after the period for which Bid Proposals must be held open (which is set forth in the Call for Bids) or until posting by the successful Bidder(s) of the bonds, certificates of insurance required and return of executed copies of the Agreement, whichever first occurs, at which time the Bid Security of such other Bidders will be returned to them. 22. Forfeiture of Bid Security. If the Bidder awarded the Contract fails or refuses to execute the Agreement within ten (10) days from the date of receiving notification that it is the Bidder to whom the Contract has been awarded, the District may declare the Bidder's Bid Security forfeited as damages caused by the failure of the Bidder to enter into the Contract and may thereupon award the Contract for the Work to the responsible Bidder submitting the next lowest Bid Proposal or may call for new bids, in its sole and exclusive discretion. 23. Anti-Discrimination. It is the policy of the District that there be no discrimination against any prospective or active employee engaged in the Work because of race, color, ancestry, national origin, religious creed, sex, age or marital status. All Bidders agree to comply with the District's anti-discrimination policy and all applicable Federal and California anti-discrimination laws including but not limited to the California Fair Employment & Housing Act beginning with California Government Code et seq. and California Labor Code In addition, all Bidders agree to require like compliance by any Subcontractor employed by them on the Work of the Contract. 24. Certification of Workers Compensation Insurance. Pursuant to California Labor Code 3700, the successful Bidder shall secure Workers Compensation Insurance for its employees engaged in the Work of the Contract. The successful Bidder shall sign and deliver to the District the following certificate, included as part of the Contract Documents, prior to performing any of the Work under the Contract: "I am aware of the provisions of 3700 of the California Labor Code which require every employer to be insured against liability for worker's 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." 25. Drug Free Workplace Certificate. In accordance with California Government Code 8350 et seq., the Drug Free Workplace Act of 1990, the successful Bidder will be required to execute a Drug Free Workplace Certificate concurrently with execution of the Agreement. The successful Bidder will be required to implement and take the affirmative measures outlined in the Drug Free Workplace Certificate and in California Government Code 8350 et seq. Failure of the successful Bidder to comply with the measures outlined in the Drug Free Workplace Certificate Building 28 A & B Exterior Painting INSTRUCTIONS FOR BIDDERS BID #3165 PAGE 6 OF 8

12 MT. SAN ANTONIO COLLEGE and in California Government Code 8350 et seq. may result in penalties, including without limitation, the termination of the Agreement, the suspension of any payment of the Contract Price otherwise due under the Contract Documents and/or debarment of the successful Bidder. 26. Compliance with Immigration Reform and Control Act of The Bidder is solely and exclusively responsible for employment of individuals for the Work of the Contract in conformity with the Immigration Reform and Control Act of 1986, 8 USC 1101 et seq. (the IRCA ); the successful Bidder shall also require that any person or entity employing labor in connection with any of the Work of the Contract shall so similarly comply with the IRCA. 27. DVBE Compliance. In accordance with Education Code Section , the District has a participation goal for disabled veteran business enterprises (DVBE) of at least three percent (3%) 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 Pre-Award Conference. District may conduct a meeting with the apparent low bidder for purposes of expediting the Project. If requested by the District, a duly authorized representative of the apparent low Bidder is required to attend the meeting in person, and must have signatory authority on behalf of the Bidder. Failure to attend the meeting will be considered just cause for the District to reject the apparent low Bidder s bid. Such meeting does not change or modify the Work that the Bidder will be required to perform under the Contract Documents. 29. Notice of Intent to Award Contract. Following the public opening and reading of Bid Proposals, the District will issue a Notice of Intent to Award the Contract, identifying the Bidder to whom the District intends to award the Contract and the date/time/place of the District's Board of Trustees meeting at which award of the Contract will be considered. 30. Bid Protest. Any Bidder submitting a Bid Proposal to the District may file a protest of the District's intent to award the Contract provided that each and all of the following are complied with: (i) The bid protest is in writing; (ii) (iii) The bid protest is filed and received by the District s Purchasing Manager not more than three (3) business days following the date of bid opening. The written bid protest sets forth, in detail, all grounds for the bid protest, including without limitation all facts, supporting documentation, legal authorities and argument in support of the grounds for the bid protest; any matters not set forth in the written bid protest shall be deemed waived. All factual contentions must be supported by competent, admissible and creditable evidence. Any bid protest not conforming with the foregoing shall be rejected by the District as invalid. Provided that a bid protest is filed in strict conformity with the foregoing, the District s Purchasing Manager or designee shall review and evaluate the basis of the bid protest. Either the District s Purchasing Manager or designee shall provide the Bidder submitting the bid protest with a written statement concurring with or denying the bid protest. The District's Board of Trustees will render a final determination and disposition of a bid protest by taking action to adopt, modify or reject the disposition of a bid protest as reflected in the written statement of the District s Purchasing Manager or designee. Action by the District's Board of Trustees relative to a bid protest shall be final and not subject to appeal or reconsideration by the District, any employee or officer of the District or the District's Board of Trustees. The rendition of a written statement by the District s Purchasing Manager (or designee) and action by the District's Board of Trustees to adopt, modify or reject the disposition of the bid protest reflected in such written statement shall be express conditions precedent to the institution of any legal or equitable proceedings relative to the bidding Building 28 A & B Exterior Painting INSTRUCTIONS FOR BIDDERS BID #3165 PAGE 7 OF 8

13 MT. SAN ANTONIO COLLEGE process, the District's intent to award the Contract, the District's disposition of any bid protest or the District's decision to reject all Bid Proposals. In the event that any such legal or equitable proceedings are instituted and the District is named as a party thereto, the prevailing party(ies) shall recover from the other party(ies), as costs, all attorneys' fees and costs incurred in connection with any such proceeding, including any appeal arising therefrom. 31. Public Records. Bid Proposals and other documents responding to the Call for Bids become the exclusive property of the District upon submittal to the District. At such time as the District issues the Notice of Intent to award the Contract pursuant to these Instructions for Bidders, all Bid Proposals and other documents submitted in response to the Call for Bids become a matter of public record and shall be thereupon be considered public records, except for information contained in such Bid Proposals deemed to be Trade Secrets (as defined in California Civil Code ) and information provided in response to the Statement of Qualifications. A Bidder that indiscriminately marks all or most of its Bid Proposal as exempt from disclosure as a public record, whether by the notations of "Trade Secret," "Confidential," "Proprietary," or otherwise, may result render the Bid Proposal non-responsive and rejected. The District is not liable or responsible for the disclosure of such records, including those exempt from disclosure if disclosure is deemed required by law, by an order of Court, or which occurs through inadvertence, mistake or negligence on the part of the District or its officers, employees or agents. At such time as Bid Proposals are deemed a matter of public record, pursuant to the above, any Bidder or other party shall be afforded access for inspection and/or copying of such Bid Proposals, by request made to the District in conformity with the California Access to Public Records Act, California Government Code 6250, et. seq. If the District is required to defend or otherwise respond to any action or proceeding wherein request is made for the disclosure of the contents of any portion of a Bid Proposal deemed exempt from disclosure hereunder, the Bidder submitting the materials sought by such action or proceeding agrees to defend, indemnify and hold harmless the District in any action or proceeding from and against any liability, including without limitation attorneys' fees arising therefrom. The party submitting materials sought by any other party shall be solely responsible for the cost and defense in any action or proceeding seeking to compel disclosure of such materials; the District's sole involvement in any such action shall be that of a stakeholder, retaining the requested materials until otherwise ordered by a court of competent jurisdiction. 32. The authorized distributor of District bid documents that may be electronically posted during the District s bidding process shall be identified in the Notice Calling for Bids. [END OF SECTION] Building 28 A & B Exterior Painting INSTRUCTIONS FOR BIDDERS BID #3165 PAGE 8 OF 8

14 MT. SAN ANTONIO COLLEGE BID PROPOSAL TO: MT. SAN ANTONIO COMMUNITY COLLEGE DISTRICT, a California Community College District, acting by and through its Board of Trustees ("the District"), FROM: (Name of Bidder) (Address) (City, State, Zip Code) (Telephone) (Fax) ( Address of Bidder s Representative(s)) (Name(s) of Bidder's Authorized Representative(s)) BID PACKAGE: Building 28 A & B Exterior Painting Bid # Bid Proposal 1.1 Bid Proposal Amount. The undersigned Bidder proposes and agrees to perform the Contract including, without limitation, providing and furnishing any and all of the labor, materials, tools, equipment (including all applicable taxes and transportation costs) and to provide all services necessary to complete in a workmanlike manner all of the Work and other obligations required by the contract documents for the sum of: Base Bid Amount: $ Allowance Amount: $ $7,000 Total Base Bid + Allowance Amount: $ Dollars. (spell out) (Award will be made on Total Base Bid Amount + Allowance) The Bidder confirms that it has checked all of the above figures and understands that neither the District nor any of its agents, employees or representatives shall be responsible for any errors or omissions on the part of the undersigned Bidder in preparing and submitting this Bid Proposal. The undersigned Bidder agrees to achieve Final Completion of the Work and all Major Milestones within the Contract Time set forth in the Contract Documents. BUILDING 28 A & B EXTERIOR PAINTING BID PROPOSAL BID #3165 PAGE 1 OF 3

15 MT. SAN ANTONIO COLLEGE 1.2 Acknowledgment of Bid Addenda. The Bidder confirms that this Bid Proposal incorporates and is inclusive of, all items or other matters contained in Bid Addenda issued by or on behalf of the District. Addenda Nos. received, acknowledged (initial) and incorporated into this Bid Proposal. 1.3 DVBE Participation Goal. The Bidder acknowledges that the District has established a three percent (3%) Participation Goal for Disabled Veteran Business Enterprises. The undersigned Bidder certifies to the District the following (check the appropriate box): The three percent (3%) DVBE Participation Goal has been achieved The three percent (3%) DVBE Participation Goal has not been achieved, the Bidder has made Good Faith Efforts to achieve the DVBE Participation Goal. 2. Documents Accompanying Bid. The Bidder has submitted with this Bid Proposal the following: a) Bid Security; b) Subcontractors List; c) Non-Collusion Declaration; d) Contractor-Subcontractor DIR Registration Verification Form; and e) Iran Contracting Act Certification. Bidder acknowledges that if this Bid Proposal and the foregoing documents are not fully in compliance with applicable requirements set forth in the Call for Bids, the Instructions for Bidders and in each of the foregoing documents, the Bid Proposal may be rejected as non-responsive. 3. Award of Contract. If the Bidder submitting this Bid Proposal is awarded the Contract, the undersigned will execute and deliver to the District the Contract in the form attached hereto within ten (10) days after notification of award of the Contract. Concurrently with delivery of the executed Agreement to the District, the Bidder awarded the Contract shall deliver to the District: (a) Certificates of Insurance evidencing all insurance coverages required under the Contract Documents; (b) the Performance Bond; (c) the Labor and Material Payment Bond; (d) the Certificate of Workers Compensation Insurance; and (e) the Drug-Free Workplace Certificate. Failure of the Bidder awarded the Contract to strictly comply with the preceding may result in the District s rescission of the award of the Contract and/or forfeiture of the Bidder s Bid Security. In such event, the District may, in its sole and exclusive discretion elect to award the Contract to the responsible Bidder submitting the next lowest Bid Proposal, or to reject all Bid Proposals. 4. Contractor's License. The undersigned Bidder is currently and duly licensed in accordance with the California Contractors License Law, California Business & Professions Code 7000 et seq., under the following: License Number(s): Class Exp. Date Class Exp. Date Class Exp. Date Class Exp. Date The Bidder hereby certifies that: (a) it is duly licensed, in the necessary class(es), for performing the Work of the Contract Documents; (b) that such license shall be in full force BUILDING 28 A & B EXTERIOR PAINTING BID PROPOSAL BID #3165 PAGE 2 OF 3

16 MT. SAN ANTONIO COLLEGE and effect throughout the duration of the performance of the Work under the Contract Documents; and (c) that all Subcontractors providing or performing any portion of the Work shall be so properly licensed to perform or provide such portion of the Work. 5. Contractor s DIR Registration. The undersigned Bidder is currently and duly registered with the DIR: DIR Registration Number: 6. Rejection of Bid; Holding Open of Bid. It is understood that the District reserves the right to reject this Bid Proposal and that this Bid Proposal shall remain open and not be withdrawn for the period of time specified in the Call for Bids, except as provided by law. 7. Confirmation of Figures. By submitting this Bid Proposal, the Bidder confirms that it has checked all of the above figures and understands that neither the District nor any of its agents, employees or representatives shall be responsible for any errors or omissions on the part of the undersigned Bidder in preparing and submitting this Bid Proposal. 8. Acknowledgment and Confirmation. The undersigned Bidder acknowledges its receipt, review and understanding of the Drawings, the Specifications and other Contract Documents pertaining to the proposed Work. The undersigned Bidder certifies that the Contract Documents are, in its opinion, adequate, feasible and complete for providing, performing and constructing the Work in a sound and suitable manner for the use specified and intended by the Contract Documents. The undersigned Bidder certifies that it has, or has available, all necessary equipment, personnel, materials, facilities and technical and financial ability to complete the Work for the amount bid herein within the Contract Time and in accordance with the Contract Documents. (Corporate Seal) By: (Signature) (Typed or Printed Name) Title: BUILDING 28 A & B EXTERIOR PAINTING BID PROPOSAL BID #3165 PAGE 3 OF 3