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.
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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.
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10.
11.
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.
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
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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.
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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.
discrepancy, the written cost will be used.
21.
In case of
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.
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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)
Contractor shall post at appropriate conspicuous points on the site of project, a schedule showing
all determined minimum wage rates and all authorized deductions, if any, from unpaid wages
actually earned.
Contractors and each subcontractor shall keep an accurate payroll record, showing the name,
address, social security number, work classification, straight time and overtime hours worked
each day and week, and the actual per diem wages paid by him or her in connection with the
public work.
27.
CONVICTION FOR EMPLOYMENT OF UNDOCUMENTED ALIENS
No state agency or department that is subject to P.C.C. 10357 shall award a public works or
purchase contract to a bidder or contractor, nor shall a bidder or contractor be eligible to bid for
or receive a public works or purchase contract, who has, in the preceding five years, been
convicted of violating a state or federal law respecting the employment of undocumented aliens
per P.C.C. 6101.
END OF SECTION
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