VICTOR VALLEY COMMUNITY COLLEGE DISTRICT
Facilities Construction & Contracts
SECTION I BID INSTRUCTIONS
1. PREPARATION OF BID FORM
The District invites bids to be submitted at such time and place as is stated in the Notice to Bidders Calling for Bids. All bids must be submitted, on the form provided, in sealed envelopes bearing on the outside the name of the bidder, his address, the bid number and description of the bid as it appears on the “NOTICE TO BIDDERS”. It is the sole responsibility of the bidder to see that his bid is received in proper time in the Facilities Department. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened.
2. BID SECURITY (BOND)
Each bid shall be accompanied by cash or cashier’s check payable to the Victor Valley Community College District, or a satisfactory bid bond in favor of the Victor Valley Community College District executed by the bidder as principal and a satisfactory surety company as surety, in the amount of 5% of the maximum amount of the bid.
Such check or bond shall be given as a guarantee that the bidder will enter into a contract if given the award and in the case of refusal or failure to enter into a contract within five (5) days after being requested to do so by the District, the cash, check or bond, as the case may be, shall be forfeited to the Victor Valley Community College District. If the proposal is not accepted within sixty (60) days after the time set for the opening of bids, or if the successful bidder executes and delivers said contract within the specified time, the cash, certified checks, or bonds will be returned.
3. SIGNATURE
The bid must be signed in the name of the bidder and must bear the signature in longhand of the person or persons duly authorized to sign the bid.
4. MODIFICATIONS
Changes in or additions to the bid form, recapitulations of the work bid upon, alternative proposals, alternative terms and conditions, or any other modification of the bid form which is not specifically called for in the contract documents may result in the District’s rejection of the bid as not being responsive to the invitation to bid. No oral or telephonic modification of any bid submitted will be considered, and a telegraphic modification may be considered only if the postmark evidences that a confirmation of the telegram duly signed by the bidder was placed in the mail prior to the opening of bids.
5. ERASURES
The bid submitted must not contain any erasures, interlineations, or other corrections unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid.
6. EXAMINATION OF BID DOCUMENTS AND SITE
Bidders shall thoroughly examine and be familiar with the specifications and the site of the proposed work in order to fully acquaint himself with the conditions relating to proposed work to be done. The failure or omission of any bidder to receive or examine any bid documents, form, instrument, addendum or other document there existing shall in no wise relieve any bidder from obligations with respect to this bid or to the contract. The submission of a bid shall be taken as prima facie evidence of compliance with this section.
7. WITHDRAWAL OF BIDS
Any bidder may withdraw his bid either personally, by written request, or by telegraphic request confirmed in writing by a duly authorized representative at any time prior to the scheduled closing time for receipt of bids. If bid is withdrawn in person by a bidder or a representative of the bidder, the person withdrawing the bid will be required to sign a receipt for the bid. No bidder may withdraw his bid for a period of sixty (60) days after the date set for the opening thereof.
8. PAYMENT AND PERFORMANCE BONDS
When specified by the District, the form of “Agreement” which the successful bidder will be required to execute shall include a “Payment Bond for Public Works” (100%) and a “Performance Bond for Public Works” (100%), sample forms of which are included with these documents. The required number of copies of the Bonds is two (2) each. The District will allow a 3% increase of the total price, on District specified projects resulting from this bid, for fees incurred to secure above stated bonds.
9. INTERPRETATION OF PLANS AND DOCUMENTS
If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the drawings, specifications, or other contract documents, or finds discrepancies in or omissions from the drawings and specifications, he may submit to the District a written request for an interpretation of correction thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of correction of the contract documents will be made only by addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of the contract documents. No person is authorized to make any oral interpretation of any provision in the contract documents to any bidder, and no bidder is authorized to rely on any such unauthorized oral interpretation.
10. AWARD OF CONTRACT
A. 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. Further, the District reserves the right to be the sole judge of the merit and qualifications of products and/or services offered. The award of the contract, if made by the District will be to the lowest responsible bidder therefore.
B. After the bids have been opened, they will be submitted to the governing board of the District with recommendations. Should an award be made, the successful contractor will be notified in writing with an authorization to proceed with the project.
11. EVIDENCE OF RESPONSIBILITY
Upon the request of the District, a bidder whose bid is under consideration for the award of the contract shall submit promptly to the District, satisfactory evidence showing the bidder’s financial resources, his construction experience, and his organization and plant facilities available for the performance of the contract.
Bidders shall thoroughly examine and be familiar with the specifications and the site of the proposed work in order to fully acquaint himself with the conditions relating to proposed
12. LISTING SUBCONTRACTORS
Each bidder shall submit a list of the proposed subcontractors on this project as required by the Subletting and Subcontracting Fair Practices Act (Gov’t. Code Sec. 4100 and following). Forms for this purpose are furnished with the bid documents.
13. WORKER’S COMPENSATION
In accordance with the provisions of Section 3700 of the Labor Code, Bidder shall secure the payment of compensation to his employees. Contractor shall sign and file with District the following certificate prior to performing the work under this contract:
I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability
for workers’ compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply
with such provisions before commencing the performance of
the work of this contract.
I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability
for workers' compensation or to undertake self-insurance
in accordance with such provisions before commencing
the performance of the work of this contract.
The form of such certificate is included as a part of the contract documents.
14. BID DEPOSIT RETURN
Deposits of three or more low bidders, the number being at the discretion of the District, will be held for sixty ( 60 ) days or until posting by the successful bidder(s) of the bonds and certificates of insurance required and return of executed copies of the appropriate agreement form, whichever first occurs, at which time the deposits will be returned.
15. FORFEITURE FOR FAILURE TO EXECUTE CONTRACT
In the event the bidder to whom an award is made fails or refuses to execute the contract within seven calendar days from the date of receiving notification that he is the bidder to whom the contract is awarded, the District may declare the bidder’s bid deposit or bond forfeited as damages caused by the failure of the bidder to enter the contract, and may award the work to the next lowest bidder, or may call for new bids.
16. ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS LAW AND AMERICANS WITH DISABILITIES ACT
The Bidder hereby assures that it will comply with subchapter VI of the Civil Rights Act of 1964, 42 USC Sections 2000e through 2000 (e) (17), to the end that no person shall, on the grounds of race, creed, color, sex or national origin be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination under this agreement. The contractor agrees to comply with applicable Federal and California laws including but not limited to, the California Fair Employment and Housing Act beginning with Government Code section 12900, and Labor Code Section 1735. In addition, the Bidder agrees to require like compliance by any subcontractors employed on the work by him.
The Bidder hereby assures that it will comply with the Americans with Disabilities Act of 1990, 42 U. S. C. Sections 12101 et seq., to ensure that disabled individuals shall be reasonably accommodated in accordance with the Act, and the Contractor shall not exclude from participation in or deny the benefit of, or otherwise subject a disabled individual to discrimination under this Agreement, or under any project, program, or activity supported by this Agreement.
17. NONCOLLUSION AFFIDAVIT
Bidders on all public works contracts are required to submit an Affidavit of Noncollusion with their bid. The form is included with the bid package in the Bid Form section and must be signed under the penalty of perjury and dated.
18. CONTRACTOR’S LICENSE
All Contractors are required to have an appropriate Current California Contractor’s License to perform this work. If at the time the bids are opened bidder is not licensed to perform the project in accordance with Division 3, Chapter 9, of the Business and Professions Code of the State of California and the Notice to Contractors Calling for Bids the bid will not be considered.
19. INSURANCE
Bidder must provide the District, within ten (10) days from the Notice to Proceed, written proof of current coverage by the bidder’s insurance carrier in a minimum amount of public liability insurance not less than $1,000,000.00 for injuries including accidental death, to any one person, and subject to the same limit for each person in an amount not less that $1,000,000.00 on account of one accident, and property damage insurance in an amount not less than $250,000. This insurance will name the District as Additional Insured and shall be maintained during the life of the contract. An Additional Insured Endorsement must accompany the insurance certificate provided to the District.
20. PRICES
All prices must be valid for a minimum of ninety (90) days from bid closing date.
Sums of money shall be indicated both by written and numerical amounts. In case of discrepancy, the written cost will be used.
21. PAYMENT BY DISTRICT
Bidder should be aware that payment by the district is governed by the School Claims Division of the San Bernardino County Schools Office. The initial payment could be delayed at least three weeks after receipt of the first invoice.
22. LIABILITY (HOLD HARMLESS)
The Contractor shall hold and save the District, its officers, agents, and employees harmless from every claim or demand made, and every liability, loss, damages or expenses of any nature or kind including attorney fees, and costs, for or on account of any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of this contract, including its use by the District, unless otherwise specifically stipulated in the contract documents and unless such liability arises from the sole negligence or willful misconduct of the District, its officer, employees, agents or independent contractors who are directly employed by the District.
23. GUARANTEE
All merchandise must be unconditionally guaranteed (including parts and labor) for one calendar year from date of receipt unless a longer guarantee is so stated in your bid and/or provided by the manufacturer.
24. NO WAIVER
The failure of the DISTRICT in any one or more instances to insist upon strict performance of any of the terms of this contract or to exercise any option herein conferred shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such term or option on any future occasion.
25. ADDENDA TO THE DOCUMENTS
The District reserves the right to issue such addenda to the documents as it may desire at any time prior to the time fixed for receiving proposals. A copy of all such addenda will be promptly mailed or delivered to each bidder. The number and date of each addendum shall be listed on the Supplier’s Proposal in the space provided.
26. PREVAILING WAGE RATES
The Director of Industrial Relations, State of California, has determined the general prevailing rates of per diem wages applicable to this work, including holiday and overtime work and employer payments for health and welfare, pension, vacation and similar purposes. Any class of laborer and mechanics (including apprentices) not listed in the schedule, which will be employed on this contract, shall be classified or reclassified, conformable to the above-mentioned wage rates. Copies of said determinations are on file at District’s Facilities Construction Department and available upon request. Copies of schedules of rates so determined are also available on the Internet (http:/www.dir.ca.gov/DIR/S&R/statistics_research.html)