REQUEST FOR BID. Bid Number Softball Field Netting Barrier Orange Coast College

Transcription

1 REQUEST FOR BID Bid Number 2041 Softball Field Netting Barrier Orange Coast College 1

2 Coast Community College District 1370 Adams Avenue Costa Mesa, California (714) TABLE OF CONTENTS BID NO BID-CONTRACT DOCUMENTS I. TABLE OF CONTENTS II. III. IV. NOTICE CALLING FOR BIDS INSTRUCTIONS TO BIDDERS BID FORM AND NONCOLLUSION AFFIDAVIT V. BID BOND VI. VII. VIII. IX. SUB-CONTRACTORS LIST GENERAL CONDITIONS SPECIAL CONDITIONS ARCHITECTURAL DRAWINGS 2

3 II. NOTICE CALLING FOR BIDS NOTICE IS HEREBY GIVEN that, pursuant to Section of the California Public Contract Code, Coast Community College District of the County of Orange, California, acting by and through its Governing Board, hereinafter referred to as the District, will prior to 10:00 a.m., on November 25, 2014 (the Bid Opening ), solicit sealed bids for the award of a contract for: BID NUMBER 2041, Softball Field Netting Barrier at Orange Coast College Mandatory Job Walk: 10:00 a.m. November 20, 2014 Bid Number 2041 is for the procurement and installation of a netting barrier for the woman s softball field at Orange Coast College as described in the Bid Documents. Bids shall be submitted on the form furnished by District in a sealed envelope marked with the bidder s name and return address, and labeled and delivered to: Bid Number 2041, Coast Community College District, Purchasing Manager, 1370 Adams Avenue, Costa Mesa, California All bids received prior to the Bid Opening deadline will be opened and read aloud publicly at the above stated time and place. Each bid must conform and be responsive to the Bid-Contract Documents, copies of which will be provided to prospective bidders during the mandatory job walk on November 20, A bid security is required for this Bid. No bidder may withdraw a submitted bid for a period of sixty (60) days after the Bid Opening. The District reserves the right to reject any or all bids and to waive any irregularities or informalities in any bid or in the bidding procedure. The District does not discriminate against any person or firm interested in providing goods and services to the District on the basis of race, color, religion, sex or sexual orientation, marital status, national origin, age, veterans status or handicap. Governing Board, Coast Community College District County of Orange, California By: John M. Eriksen, Purchasing Manager Published: November 12, 2014 November 19,

4 III. INSTRUCTIONS TO BIDDERS 1. Bid Form The District invites bids to be submitted on the bid form furnished by District prior to the date and time stated in the Notice Calling for Bids. Submit in a sealed envelope as required in the Notice Calling for Bids. All spaces on the bid form must be completed using ink, a printer or typewriter. Insert N/Q for Not Quote where appropriate. No erasures are permitted. Mistakes must be crossed-out and corrections printed adjacent, initialed in ink by the person signing the bid form before the Bid Opening. It is the sole responsibility of the bidder that the bid is received by Bid Opening. Any bid received after the Bid Opening will be returned to the bidder unopened. a. 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 on behalf of the bidder. b. Modifications Changes in, or additions to, the bid form, recapitulations of the work bid upon, alternative proposals, or any other modification of the bid form which is not specifically required or allowed in the Bid-Contract Documents may result in the District s rejection of the bid as not responsive and not responsible to the Bid- Contract Documents. No oral, telephonic, facsimile or electronic modification of any bid submitted will be considered. c. Brand Names and Product Alternates Brand names, where specified, are included to indicate type and quality expected. Unless specified No Product Substitutions in the Specifications, equal alternates for products, materials and equipment will be considered for substitution ( Product Substitutions ). Bidder shall state the brand name and number of Product Substitution to be provided; otherwise, it shall be understood that the bidder is bidding on the exact brand and number specified in the bid form. Substitute brands may be accepted at 4

5 District s sole discretion if deemed equal or greater in all respects to that specified. Samples of substitutes with trade numbers must be submitted to the Purchasing Department. A bidder must clearly mark samples with the Bid Number, bidder s name, address, telephone, and other contact information, and must furnish all samples at bidder s sole expense - no expense to District. Such samples, if not destroyed by tests, will become the property of District, unless otherwise requested at time of submission of the samples. Any samples returned shall be at bidder s liability and at bidder s expense. District reserves the right to be the sole judge regarding the suitability of the products, services or supplies offered, and whether deviations are acceptable. d. Sales Tax Unless otherwise specified, do not include California State Sales or Use Tax in your bid prices. e. Definitions The definitions set forth below or in other Bid-Contract Documents are applicable to all Bid-Contract Documents. (1) The term Addenda means written or graphic instruments issued by District before the Bid Opening which modify or interpret the Bid-Contract Documents by additions, deletions, clarifications, or corrections. (2) The term Bidder or bidder means a vendor, or its employees, representatives or agents that submit a bid. (3) The terms District, Owner, College or Governing Board as used herein shall all be deemed to mean the Coast Community College District and its Colleges or its representatives and Governing Board. (4) The term Purchase Order means a contract for the purchase of goods. (5) The term Unit Price means a fixed price per unit of measurement for an item to be purchased and shipped F.O.B. Destination/Shipping Point from the bidder as offered in its bid. 5

6 2. Bid Security Bid security is required. See paragraph 6, page 2 of Special Conditions. 3. Bid-Contract Documents The Bid-Contract Documents mean: Table of Contents Specifications Notice Calling for Bids IRS Form W-9 Instructions to Bidders Bid Form and Non-Collusion affidavit General Conditions Bid Bond Sub-Contractors List Drawings The District reserves the right to revise the Bid-Contract Documents before the Bid Opening by issuing an addendum. Any revision to the Bid-Contract Documents after acceptance of a bid by issuance of a Notice of Award must be made by a written change notice signed by the District. 4. Interpretation/Clarification of Bid-Contract Documents Any request for interpretation or clarification of the Bid-Contract Documents or for additional information must be submitted in writing to: John Eriksen Purchasing Department COAST COMMUNITY COLLEGE DISTRICT 1370 Adams Avenue Costa Mesa, CA Office: (714) Fax: (714) purchasing@cccd.edu The deadline to submit requests for interpretation or clarification is 4:00 p.m. on November 21, The bidder submitting the request is responsible for its prompt delivery. Facsimile, or other reasonable and customary written correspondence, are acceptable means of communication. 6

7 5. Addenda Any response that DISTRICT may choose to make for purposes of interpretation or clarification will be in writing and issued in an addendum. Addenda, if necessary, will be released only by the District and at least 72 hours before the Bid Opening. Addenda will be identified as such and will be posted to the District s Purchasing Department website at At its sole discretion, the District may elect to deliver addenda via , facsimile, U.S. Mail or carrier to those who have provided such contact information. Addenda withdrawing the Notice Calling for Bids or postponing the Bid Opening may be issued anytime before the Bid Opening. Each bidder is solely responsible for ascertaining, before submitting a bid, that it has received all addenda. No person is authorized to make oral interpretation or clarification or changes of any provision of the Bid-Contract Documents to any bidder; and no bidder is authorized to rely on any such unauthorized oral communications. 6. Examination Bid-Contract Documents Each bidder shall fully acquaint itself with the conditions relating to delivery or other aspects of the contract so that the bidder may fully understand the facilities, difficulties, restrictions and expectations attending the execution of the contract. Bidders shall thoroughly examine and be familiar with the Bid-Contract Documents. The failure or omission of any bidder to receive or examine any bid or contract document, form, instrument, addendum, or any other document or to visit the District s Campus site or website and become acquainted with existing conditions shall in no way relieve any bidder from any obligation with respect to the bidder s 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 its bid by written request, in the form of a letter, facsimile, or other written correspondence, at any time prior to the Bid Opening. After the Bid Opening, bids cannot be withdrawn, corrected, altered or signed. Each bidder must verify its bid before submission. The District will not be responsible for errors or omissions on the part of the bidders in preparing their bids. 7

8 8. Time for Opening The stamped time from the date-time clock located at the bid collection point will be the official time for the Bid Opening. Bids must be stamped PRIOR to the bid deadline. Bids stamped with the deadline time or after will be rejected and returned to the bidder unopened. Bids will be publicly opened and read aloud in the Purchasing Department or other place designated in the Notice Calling for Bids on the same day promptly following the Bid Opening. 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 contract unless alternate bids are specifically invited. A person, firm or corporation that has submitted a sub-proposal or sub-bid to a prime bidder, or that has quoted prices of materials to a bidder is not thereby disqualified from submitting a sub-proposal or sub-bid or quoting prices to other bidders or making a prime bid. 10. Award District fully reserves the right to reject any bid, or to reject all bids and make no award, or to make or to waive any informality or irregularity in any bid received or in the bidding process, and to be the sole judge of the merits of the respective bids received. District may reject any bid that, in its opinion when compared to other bids received or to District s internal estimates, does not accurately reflect the cost estimates of the goods or services to be purchased. District may reject as non-responsive any bid that unevenly weights or allocates overhead and profit to one or more particular item. No part of the Bid-Contract Documents commits the District to entering a contract, nor does it obligate District to pay any costs incurred in preparation and/or submission of a bid from any bidder. The award of the contract, if made by the District upon approval of the District s Governing Board, will be to the lowest responsive and responsible bidder, unless otherwise provided below. The decision of the District in such matters shall be final. 8

9 The lowest bid will be the lowest Total Sum of All Unit Prices on the Bid Form. If the District discovers that a bidder made a mistake in calculating the Total Sum of All Unit Prices on its bid form, the true and correct calculation of the Total Sum of All Unit Prices shall be deemed the amount the bidder intended to enter and shall be used in determining the lowest bid. A responsive bid is one that materially complies with the form or content requirements of the Bid-Contract Documents. A responsible bidder is a bidder who has the ability to satisfactorily perform the contract. As evidence of responsibility, upon the request of the District, a bidder whose bid is under consideration for contract award shall promptly submit to the District satisfactory evidence showing the bidder s financial resources, experience and organization and plant facilities available for the performance of the contract. The decision regarding the bidder s responsibility shall be formed on the basis of the preponderance of information submitted or the lack thereof, and the District s decision shall be final on such matters. The District s Purchasing Department will post the Bid Opening results and the Recommendation to Award the Contract to the lowest responsive-responsible bidder on the Department s website at Upon the Governing Board s approval to award the contract, the District shall issue a Notice of Award to the lowest responsive-responsible bidder. Receipt of the Notice of Award constitutes the District s acceptance of the bidder s offer and the award of the contract. The District may then issue a purchase order on an individual item or combination of items, whichever is to the best interest of the District. Bidder is not authorized to ship goods without an approved District purchase order issued by the Purchasing Services Department. 11. Alternates Not Used. 12. Worker s Compensation In accordance with the provisions of California Labor Code section 3700, contractors shall secure the payment of compensation to their employees. By signing the Bid Form, a bidder certifies to the District the following: I am aware of the provisions of Section 3700 of the 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 the code, and I will comply with such provisions before commencing the performance of the work of this contract. 9

10 13. Forfeiture for Failure to Perform or Execute a Contract In the event the bidder to whom an award is made fails or refuses to perform under or to execute the contract, if required, within five (5) calendar days from the date of receiving the Notice of Award, the District may declare the bidder non-responsive and may award to the next lowest bidder, or may reject all bids and call for new bids. 14. Bid Protest Any bidder submitting a bid to the District may file a protest of the District's Recommendation to Award the Contract provided that each and all of the following are satisfied: a. The bid protest is in writing; b. The bid protest is filed and received by the District's Purchasing Director not more than five (5) calendar days following the date of issuance of the District's Recommendation to Award the Contract; and c. 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. All factual contentions must be supported by competent, admissible and creditable evidence. Any matters not set forth in the written bid protest shall be deemed waived. Any bid protest not conforming to the foregoing shall be rejected by the District as invalid. If a bid protest is filed as required above, the District s Purchasing Manager will review and evaluate the basis of the bid protest, and will investigate the basis for the bid protest and analyze the facts. The Purchasing Manager will notify the bidder whose bid is the subject of the bid protest of evidence presented in the bid protest and evidence found as a result of the investigation, and, if deemed appropriate, afford the bidder an opportunity to rebut such evidence, and permit the bidder an opportunity to present evidence that it should be awarded the contract. The District s Purchasing Director shall provide the protestor with a written statement concurring with or denying the bid protest within 10 calendar days following receipt of the bid protest, unless factors beyond the District s reasonable control prevent such a decision, in which event such decision will be issued as expeditiously as circumstances reasonably permit. The decision will state the reasons for the action taken by the District. A copy of the decision will be furnished to the protestor, the bidder whose bid is the subject of the bid protest, and all bidders who submitted bids by the Bid Opening in compliance with the Bid-Contract Documents. 10

11 If not satisfied with the Purchasing Director s decision, the protestor has the right to appeal the decision to the District s Vice Chancellor of Administrative Services. The appeal must be in writing and shall specify the decision being appealed and all the facts and circumstances relied upon in support of the appeal. The appeal must be received by the Office of the Vice Chancellor of Administrative Services no later than 4:30 p.m. on the 5th calendar day following the protestor s receipt of the written decision, at the following address: Office of the Vice Chancellor of Administrative Services Coast Community College District 1370 Adams Avenue Costa Mesa, CA A copy of the appeal shall be sent to all parties involved in the bid protest. If the final date for receipt of an appeal falls on a Saturday, Sunday, or District holiday, the appeal will be considered timely only if received by 4:30 p.m. on the following business day. The Vice Chancellor of Administrative Services will review the Purchasing Director s decision and the appeal, and issue a written decision. The written decision of the Vice Chancellor of Administrative Services will state the basis of the decision, and the decision will be final and not subject to any further appeal to the District. Upon the recommendation of the Vice Chancellor of Administrative Services, the District's Governing Board will make the final determination and disposition of a bid protest by taking action to adopt, modify or reject the bid protest as reflected in the written statement of the Vice Chancellor or his/her designee. Action by the District's Governing Board 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 Governing Board. The rendition of a written statement by the Vice Chancellor of Administrative Services (or his/her designee) and action by the District's Governing Board 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 process, the District's award of the contract, the District's disposition of any bid protest or the District's decision to reject all bids. 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 there from. 11

12 15. Prevailing Wage. All work shall be subject to prevailing wages in accordance with Labor Code section State prevailing wage rates apply to all public works contracts as set forth in Labor Code Sections 1720, , , , and

13 DUE PRIOR TO: 10:00 A.M., November 25, 2014 IV. BID FORM BID NO Softball Field Netting Barrier Orange Coast College In response to DISTRICT S Notice Calling for Bids, released November 12, 2014 inviting bids for a requirements purchase order contract to provide and install a field netting barrier at the woman s softball field at Orange Coast College, as the DISTRICT requires, through June 30, 2015, the undersigned submits this firm offer to: Coast Community College District c/o Purchasing Manager 1370 Adams Avenue Costa Mesa, California SECTION 1: Bidder must enter a lot fixed price for entire project in the space provided on the attached COAST COLLEGE Softball Field Netting Barrier SPREADSHEET (1 page). Bidder s total price shall include all taxes, labor, materials, tools, equipment, overhead, profit, and all other direct and indirect costs and expenses to provide and deliver as required. Prices must be net including any discounts. Bidder agrees that all prices listed on this Form are good through June 30, 2015 after which date such prices may be modified no more than 1 time(s) before June 30, 2015, upon mutual agreement between Bidder and District. Bidder must provide the District no less than 30 days written notice of its application for a price increase. Bidder Acknowledges receipt of Addendum(s),, 13

14 Item No. Quantity Unit of Measure Description Lot Price 1 1 Lot Provide and install material, labor and equipment necessary to add to existing netting barrier at the women s softball field at Orange Coast College per specifications. $ Total: $ (Write dollar amount of bid above) 14

15 SECTION 2: Bidder Name: Business Type: (Corporation, Sole Proprietorship, etc.) Street Address: City, State & Zip: Telephone: Fax: Bidder designates the following person to service the DISTRICT: Provide complete address, phone and fax information if different from above: Street Address: City, State & Zip: Telephone: Fax: Mobile Phone: Bidder must list in the spaces below at least two references who can verify that Bidder can provide or has provided the services specified in the Specifications. Company: Contact Person: Street Address: City, State & Zip: Telephone: Fax: Company: Contact Person: Street Address: City, State & Zip: Telephone: Fax: 15

16 SECTION 3: BIDDER ACKNOWLEDGES THAT IT IS BIDDER'S RESPONSIBILITY TO ASCERTAIN WHETHER ANY ADDENDA HAVE BEEN ISSUED AND IF SO, TO OBTAIN COPIES OF SUCH ADDENDA FROM THE DISTRICT PER THE INSTRUCTIONS TO BIDDERS. BIDDER THEREFORE AGREES TO BE BOUND BY ALL ADDENDA THAT HAVE BEEN ISSUED FOR THIS BID BY SIGNING BELOW. I,, the undersigned, the of (Type/Print Name) (Title), hereby declare that I am duly authorized to execute this (Name of Company) Bid Form; that I have carefully examined the requirements of this Bid and have read and examined the Bid-Contract Documents, drawings, including all addenda if any; that this Bid Form constitutes a firm offer to DISTRICT that cannot be withdrawn for 60 Calendar Days after the Bid Opening, and that if awarded the Contract, all prices shall remain effective as required on this Bid Form; and that, under penalty of perjury under the laws of the State of California, to the best of my knowledge and belief, the information contained in this Bid Form is true and correct. Signature: Date: 16

17 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 17

18 V. BID BOND Bid Bond No.: KNOW ALL PERSONS BY THESE PRESENT, that we, as Principal, and as Surety, a California admitted surety insurer, are held and firmly bound unto the COAST COMMUNITY COLLEGE DISTRICT, hereinafter called the DISTRICT, in the sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal submitted to the said DISTRICT for the work described below for the payment of which sum in lawful money of the United States, well and truly to be made, we jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated, for Orange Coast College, Softball field netting barrier Bid No NOW, THEREFORE, if the Principal shall not withdraw said bid within the period specified therein after the opening of the same, or, if no period be specified, within sixty (60) days after said opening; and if the Principal is awarded the contract, and shall within the period specified therefore, or, if no period be specified, within Five (5) working days after the notice of award of the contract, or as otherwise requested in writing by the DISTRICT, enter into a written contract with the DISTRICT, in accordance with the bid as accepted and give bonds with good and sufficient surety or sureties, as may be required for the faithful performance and proper fulfillment of such contract and for the payment for labor and materials used for the performance of the contract, furnish certificates and endorsements evidencing the required insurance is in effect and furnish and deliver to the DISTRICT the Workers Compensation Certificate, Drug-Free Work Place Certification, the Contractor s Certificate Regarding Non- Asbestos Containing Materials, if applicable, then the above obligation shall be void and of no effect, otherwise the bond amount shall be forfeited to the DISTRICT. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or the call for bids, or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation under this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of said contract or the call for bids, or to the work, or to the specifications. In the event suit is brought upon this bond by the DISTRICT and judgment is recovered, the Surety shall pay all costs incurred by the DISTRICT in such suit, including reasonable attorney's fees to be fixed by the court. IN WITNESS HEREOF, the parties have executed this bond under their several seals this day of, 2014, the name and corporate seal of each corporate party being hereto affixed and duly signed by its undersigned authorized representative. (Corporate Seal of Principal, if Corporation) Principal (Proper Name of Bidder) By: Signature 18

19 Print Name Title (Corporate Seal of Surety) (Attach Attorney-in-Fact Certificate and Required Acknowledgements) Surety By: Signature Print Name Title Address Telephone No. Facsimile No. 19

20 VI. DESIGNATION OF SUBCONTRACTORS In compliance with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 et. seq.) and any amendments thereof, each bidder shall set forth below: (a) the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the bidder (prime contractor) in or about the construction of the work or improvement to be performed under this contract or a subcontractor licensed by the State of California who, under subcontract to the bidder (prime contractor), specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of one percent of the bidder's (prime contractor's) total bid and (b) the portion of the work which will be done by each subcontractor. The bidder (prime contractor) shall list only one subcontractor for each such portion as is defined by the bidder (prime contractor) in this bid. If a bidder (prime contractor) fails to specify a subcontractor or if a bidder (prime contractor) specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent of the bidder's (prime contractor's) total bid, bidder shall be deemed to have agreed that bidder is fully qualified to perform that portion, and that bidder alone shall perform that portion. Violation of this requirement (including the procurement of a subcontractor for the Project if no subcontractor is specified) can result in the DISTRICT invoking the remedies of Public Contract Code Sections 4110 and No bidder (prime contractor) whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontractor to be voluntarily assigned or transferred or allow it to be performed by any one other than the original subcontractor listed in the original bid, or (c) sublet or subcontract any portion of the work in excess of one-half of one percent of the bidder's (prime contractor's) total bid as to which the original bid did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the bidder's (prime contractor's) total bid as to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, only after a finding reduced to writing as a public record of the DISTRICT awarding this contract setting forth the facts constituting the emergency or necessity. Note: If alternate bids are called for and bidder intends to use a different or additional subcontractors on the alternates, a separate list of subcontractors must be provided for each such alternate. Identify additional list of subcontractors by Alternate Bid No.. Bidder agrees that within twenty-four (24) hours of the bid opening, Bidder shall provide the DISTRICT with the license number (if applicable), expiration date of license, complete address and telephone numbers of each listed subcontractor if such information is not available at the time of the bid opening. Bidder: Date: Bidder s Authorized Representative(s): By: (Signature of Bidder) SUBCONTRACTORS LIST Bidder: Address: Telephone: ( ) Fax: ( ) 20

21 PROJECT: OCC Softball Field Netting Barrier; Bid No Trade or Portion of Work Name of Subcontractor Business Address Bus. License No. 21

22 PROJECT: OCC Softball Field Netting Barrier; Bid No Trade or Portion of Work Name of Subcontractor Business Address Bus. License No. 22

23 VII. GENERAL CONDITIONS 1. ACCEPTANCE: After the Bid has been awarded, the VENDOR accepts the Purchase Order solely on the basis of the terms and conditions on the face and back hereof. Additional terms on VENDOR s form are rejected and shall be deemed a material alteration hereof, unless such terms are incorporated by direct reference on the face of the Purchase Order and attached hereto as applicable. 2. CHANGES: The Purchase Order shall not be altered, amended, supplemented or cancelled without District approval. The District shall have the right to make changes hereunder any time and VENDOR agrees to accept such changes. In the event such changes result in additional costs, the District shall make an equitable adjustment in the purchase price provided such additional costs are itemized and justified in writing, and submitted to the Director of Purchasing within 10 days of receipt of the change notification. 3. HANDICAP ACCESSIBILITY: VENDOR hereby warrants that any hardware or software products or services to be provided under the Purchase Order comply with the accessibility requirements of section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), and its implementing regulations set forth at Title 36, Code of Federal Regulations, part VENDOR agrees to promptly respond to and resolve any complaint regarding accessibility of its products or services which is brought to its attention. VENDOR further agrees to indemnify and hold harmless the District, the Chancellor's Office of the California Community Colleges, and any California Community College using the VENDOR's products or services from any claim arising out of its failure to comply with the aforesaid requirements. Failure to comply with these requirements shall constitute a breach and be grounds for termination of the Purchase Order. 4. ASSIGNMENT OF PURCHASE: The VENDOR shall not assign or transfer by operation of law or otherwise any of all of its rights, burdens, duties or obligations without the prior written consent of the Coast Community College District, hereinafter referred to as the District. 5. TERMINATION: The District reserves the right to terminate the Purchase Order for its own convenience with liability limited to the services or products delivered prior to the VENDOR s receipt of the District s termination notice. All blanket or standing Purchase Orders will automatically terminate at the end of the District s fiscal year without prior notice to VENDOR. 6. TAXES: The District will pay only the State Sales and Use Tax and/or the Orange County Uniform Local Sales and Use Tax, as applicable. The Federal Excise Tax is not applicable to the District. The District, upon request, shall furnish the VENDOR such Federal Tax exemption certificates. VENDOR will not include taxes in unit prices or labor rates used for billing purposes. Tax may be separately itemized. 23

24 7. WARRANTY: All products, materials or services furnished under the purchase shall be in accordance with District specifications and guaranteed to be new and free from faulty design or workmanship. If upon inspection any item is found defective or of inferior quality, the District may return such item to VENDOR at VENDOR s expense. Payment for any item prior to inspection shall not be construed to be an acceptance of an unsatisfactory or defective item. VENDOR shall reimburse the District for any amount paid to VENDOR for such returned items. 8. HEALTH & SAFETY: All materials, equipment, supplies must meet all Federal, State, and local requirements regarding Health and Safety. All shipments of hazardous and toxic material must include Material Safety Data Sheets (MSDS) pursuant to OSHA's Hazard Communication Rule 29 CFR , with copies sent to the Purchasing Department referencing the Purchase Order number. 9. DELIVERY/F.O.B. DESTINATION: Unless otherwise specified, the VENDOR shall be responsible for delivery and shall pay all related shipping costs, including prepaid freight changes. Time and manner of delivery are material factors in proper performance under the purchase. 10. INDEMNIFICATION AND HOLD HARMLESS: VENDOR shall indemnify and hold DISTRICT its officers, employees, volunteers and agents, including the property of DISTRICT, free and harmless from any and all claims, suits, demands, causes of action, losses, damages, injuries, and expenses, rather actual or alleged, including, but not limited to, reasonable attorneys' fees, and liability arising from (i) the death or injury of any person or persons, or from the loss, damage or destruction of any property or properties caused by or connected with the actions, negligence, errors, or omissions of VENDOR or VENDOR's agents and employees, (ii) the use of any copyrighted materials or patented inventions, and (iii) VENDOR's breach of its obligations under the Purchase Order. 11. VENUE: The Purchase Order shall be governed by the laws of the State of California. 12. INSURANCE: VENDOR shall maintain Workers Compensation insurance as required by statue and Commercial General Liability insurance adequate to protect VENDOR and VENDOR s obligations hereunder to protect the District from claims due to personal injury, including death, and damage to property, which may arise from operations under the Purchase Order. The VENDOR may be required to file with the District certificates of such insurance. Failure to furnish such evidence, if required, may be considered a material default of the VENDOR. 13. INVOICES AND PAYMENT: Unless otherwise specified, the VENDOR shall render invoices in duplicate for goods or services provided to the Accounts Payable Office at the address listed on the front of the Purchase Order. All invoices must indicate the assigned Purchase Order number. Invoices must also conform to the line items and unit prices in the 24

25 Purchase Order. Unless otherwise noted, the District shall make payments on a net-30 day basis or within a reasonable time after VENDOR has completed its obligations hereunder and payment approval is granted by the authorized District Representative. The District may also require the submittal of an IRS Form W-9 for taxpayer identification. Any monies due the District from VENDOR can be set off from any monies due VENDOR from the District whether or not under the Purchase Order. 14. LICENSES AND PERMITS: The VENDOR 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 furnishing of materials, articles or services herein listed. All operations and materials shall be in accordance with the law. 15. VENDOR: The term VENDOR, SUPPLIER, or CONTRACTOR whenever appearing in the Purchase Order or any attachments shall mean the Seller or Supplier of goods or services named on the face of the Purchase Order and all individuals, officers, directors, employees, agents, contractors, or subcontractors of such Seller or Supplier. While engaged in carrying out the terms and conditions of the purchase, the VENDOR is an independent VENDOR, and not an officer, employee or agent of the District. 16. ANTI-DISCRIMINATION: VENDOR agrees to adhere to all applicable laws that prohibit discrimination because of race, age, religion, sex, national origin, handicap, political affiliation or belief. 25

26 1. Scope of Work. VIII. Special Conditions Bid 2041 Softball Field Netting Barrier Orange Coast College The project is to supply the material, labor, and equipment necessary to remove a portion of the existing barrier and add to the existing outfield barrier on the women s softball field at Orange Coast College in Costa Mesa, CA. The awarded bidder shall remove four (4) existing poles at ground level and fill the existing foundations with three (3) sack slurry. Provide and install seven (7) new sixty (60) foot poles (extendable to 100 feet) and approximately 350 linear feet of netting. Poles shall be designed and installed per the calculations and specifications approved for the original barrier as constructed in 2010 on Bid The new barrier will tie into the existing barrier and the netting will be four (4) feet off the ground. a. Contractor shall protect in place all existing construction and provide for any patching, tough-up paint, etc. to the softball field following installation of the netting barrier. b. Contractor shall provide full professional installation with all labor and incidental material costs quoted in advance of work. 2. Time Line: Advertise Bid 11/12 & 11/19/14 Job Walk 10:00 a.m. Deadline for Questions and Clarification from Bidders 12:00 a.m. Bid Opening 10:00 a.m. Board Date 12/10/14 Notice to Proceed TBD 3. Bid structure. To expedite and simplify the bid evaluation and to ensure that each bid receives the same orderly review, all bids shall adhere to the format provided. Bids shall contain all elements of the information without exception. Place your amount only on the Bid Form provided. To do otherwise may result in your bid being non-responsive. 26

27 4. Bid Security. Public Contract Code sections and state that all bids for construction work shall be presented under sealed cover and shall be accompanied by one of the following forms of bid security. a. Cash b. A cashier s check made payable to the District c. A certified check made payable to the District. d. A bidder s bond executed by an admitted surety insurer, made payable to the District. Each bid shall be accompanied by a certified or cashier s check payable to the District or a satisfactory bid bond in favor of the District, executed by the bidder as principal and a satisfactory surety company as surety, in an amount not less than 10% of the maximum amount of the bid. The check or bid bond shall be given as a guarantee that the bidder shall execute the contract if it is awarded to your company in conformity with the contract documents. Upon an award to the lowest bidder, the security of an unsuccessful bidder shall be returned in a reasonable period of time, but in no event shall that security be held by the District beyond 60 days from the time the award is made. The purpose of the security is to guarantee that the successful bidder signs the contract after being awarded the bid. The bidder forfeits the bid security if the bidder fails to execute the contract. 27