Académique Documents
Professionnel Documents
Culture Documents
1.3
1.4
Public records. Except for materials deemed Trade Secrets (as defined in
California Civil Code 3426.1) and materials specifically marked Confidential
or Proprietary all materials submitted in response to this RFQ/RFP are deemed
property of the District and public records upon submission to the District. The
foregoing notwithstanding, the District may reject for non-responsiveness the
RFQ/RFP Response of a Respondent who indiscriminately notes that its
RFQ/RFP Response or portions thereof are Trade Secret Confidential or
Proprietary and exempt from disclosure as a public record. The District is not
liable or responsible for the disclosure of RFQ/RFP Responses, or portions
thereof, deemed to be public records, including those exempt from disclosure if
disclosure is required by operation of law, or by an order of a court of competent
jurisdiction, or which occurs through inadvertence, mistake or negligence on the
part of the District or its agents or representatives. If the District is required to
defend or otherwise respond to any action or preceding wherein request is made
for the disclosure of the contents of any portion of a RFQ/RFP Response deemed
exempt from disclosure hereunder, by submitting a response to this RFQ/RFP,
each Respondent 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 part shall be solely responsible for the cost and defense of the
District in any action or proceeding seeking to compel disclosure of such
materials; the Districts 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.
1.5
received by the District no later than 2:00 P.M. six (6) days prior to the latest date
for submission of RFQ/RFP Responses; the District will not respond to
clarification requests submitted thereafter. All communications to the District
shall be as set forth in Paragraph 1.1.3 prior.
1.6
1.7
Attachment 4
Date
RFQ/RFP Issued
Last date to notify District of Intent to
Respond
Mandatory Job Walk no later than
2. The District
2.1
The District. Mt. San Jacinto Community College District is a fast growing
community college system in the inland southern California region serving a
1,700 square mile area from the San Gorgonio Pass to Temecula. We serve
students throughout this region from the San Jacinto, Menifee Valley and San
Gorgonio Pass campuses, the Temecula Education Complex and many off-site
locations.
The District is a single-college multi-campus District with over 14,000 Students.
3. Scope of Work
3.1
Contractors License Classification. Pursuant to California Public Contract Code
3300, the District requires that Bidders possess the needed classification(s) of
California Contractors License(s) at the time that the Contract for the Work is
Awarded. Respondents are asked to include copies of their license(s) with their
completed proposals.
3.2.
Project Description: Replacement of two Trane (current) Chiller Units. One (1)
each 60 Ton and one (1) each 120 ton. Proposed chillers do not necessarily need
to be Trane brand but an equivalent that will allow for the energy savings costs as
outlined in Southern California Edison application to the State of California.
Existing mounting curbs are already in place within the chiller area. The area is
on the south side of the 100 building located on the San Jacinto campus (see
attachment 10 for aerial view.) Existing Mounting curbs are as follows 86 x 20
and 86 x 10 walking space exists between the mounting curbs. There are to
be NO MODIFICATIONS TO THE CURBS no exceptions. This is NOT a
DSA project.
The building will be in use during the construction phase. The District will
provide temporary chillers for the building; but the awarded respondent will need
to provide hot tapes for the temporary chiller connections.
3.3
Listed Scope: Replacement of (1) 60 Ton and (1) 120 Ton Chiller
1.
Install hot taps for temporary chiller connections in coordination with
temporary chiller installer to ensure proper sizing.
2.
Disconnect, remove, and dispose of old chillers
5
3.
4.
5.
6.
7.
8.
9.
10.
3.4
3.5
4.0
Rental and operation of rigging needed for the removal and place of
chillers
a.
This activity will need to be scheduled for Friday, Saturday, or
Sunday, so it will not disrupt the teaching schedule or have student
foot traffic at the site.
Provide and install new chillers on existing concrete mounting curbs.
Connect chillers to the existing building automation system
Reconnect chilled water supply and return piping as needed
Reinsulate piping to match existing
Reconnect existing power feeders to new NEMA 3 disconnects and
connection to the new chillers.
Start, test, and commission equipment for proper operation
All Work to be performed during normal working, except for the rigging
of chillers in and out as outlined in item 3.a above.
Warranty.
a.
b.
6.0
6.2
unless the District has accepted the requested modification and such modification
is incorporated into the Agreement as awarded by the Districts Board of
Trustees.
7.
6.3
6.4
Prevailing Wage Rates. The Contractor and all Subcontractors shall pay not less
than the applicable prevailing wage rate for the classification(s) of labor provided
by their respective workers; prevailing wage rates are available for review at
http://www.dir.ca.gov/dlsr/statistics_research.html.
RFQ Response.
7.1
7.1.2
7.2
7.1.3
7.1.4
7.2.2
7.2.3
7.2.4
7.2.5
Policy of Insurance
Workers Compensation
Employers Liability
Commercial General Liability
Automobile Liability
7.2.6
7.2.7
Price Proposal. Provide a price proposal for the Energy Project on the
form of Price Proposal Attachment 7 to this RFQ/RFP. PLEASE TAKE
NOTICE THAT no substitution of any specified item, product, material,
or system (Specified Items) will be considered unless the Contractor
submits a request to substitute Specified Items along with data
substantiating the equivalency of the proposed substitution with the
Specified Items at the time of submission of its RFQ/RFP Response and
such substitution is approved by the District prior to award of the
Contract.
7.2.8
10
Selection Criteria
8.1
8.2
District Policy. It is the policy of the District that the selection of firms to provide
professional services in connection with energy conservation projects of the
District be based on the demonstrated competence and qualifications to complete
the required energy contracting services, the technology employed by the
Contractor, the cost to the District, and any other relevant considerations.
Accordingly, award of the Agreement may not be based solely on proposed
pricing for completion of Services.
8.3
Evaluation Criteria. The following set forth the criteria by which each RFQ/RFP
Response will be evaluated. The District reserves the right to exercise discretion
in the weight and priority of the evaluation criteria.
8.3.1
8.3.2
8.3.3
Client Responsiveness. The District will evaluate the prior experience and
success of the Respondent to establish effective working relationships
within the setting of a higher education institution construction project,
including the relationships with management, administrative, technical
and end-user staff of prior clients, relationships with other project
consultants and participants on prior projects.
11
8.3.4
8.3.5
Proposed Pricing. The District will evaluate the price proposed for
completion of Agreement. Please be advised that pricing is but one of the
selection criteria. The District reserves the right to request Best and Final
Pricing and/or negotiate the pricing with selected Respondents.
8.4
Interviews. At the sole discretion of the District, one or more of the Respondents
may be invited to participate in an interview with the selection committee.
Interviews, if conducted by the selection committee, will generally consist of no
more than a ten(10) minute presentation followed by questions posed by District.
If requested by the selection committee, any Respondent invited to participate in
the interview process shall have present at the interview: (i) its
management/supervisory personnel responsible for Respondents performance
under the Agreement and (ii) Respondents Engineering/Technical Manager, if
any.
8.5
8.6
12
Attachments 1 through 10
13
Attachment 1
ENERGY SERVICES AGREEMENT
THIS AGREEMENT is entered into for the Like-for-Like Chiller Replacement, in the City of
San Jacinto, County of Riverside, State of California, by and between MT. SAN JACINTO
COMMUNITY COLLEGE DISTRICT, a California Community College District hereinafter
called District and ______________________________ (Contractor).
WITNESSETH, that the District and the Contractor in Consideration of the mutual covenants
contained herein agree as follows:
1. Contractor Selection. Pursuant to the Proposition 39 Implementation Guidelines (Oct.
2013) and/or Government Code 4217.0, et seq., the District has selected Contractor, on
the basis of its experience, type of technology employed by the Contractor, cost to the
District, and other relevant considerations.
2. Scope of Work. Provision, installation, and first year maintenance for a like-for-like
chiller to be replaced in building 100 of the San Jacinto Campus including, without
limitation, procurement, installation, construction, testing, commissioning and all related
services required by the Contract Documents, including all labor, materials, equipment or
services provided or to be provided by the Contractor to fulfill the Contractors
obligations under the Contract Documents. The Scope of Work is more particularly
defined and described on Exhibit A to this Agreement.
3. The Work. Within the Contract Time and for the Contract Price, subject to adjustments
thereto pursuant to the Contract Documents, the Contractor shall perform and provide
turnkey like-for-like chiller(s) replacement services including, all necessary labor,
materials, tools, equipment, utilities, testing, inspection, commissioning, removal of scrap
materials and other services necessary to complete in a workmanlike manner all of the
Work required in connection with the work of improvement commonly referred to as the
Like-for-Like Chiller Replacement Project. The Work includes the following Alternate
Bid items: ______________________. The Contractor shall complete all Work covered
by the Contract Documents, including without limitation : Specifications, if any, prepared
by the District and other Contract Documents enumerated in Paragraph 8 of this
Agreement along with all modifications and addenda thereto issued in accordance with
the Contract Documents.
4. Contract Time. The Work shall be commenced on the date stated in the Districts Notice
to Proceed. The Contractor shall achieve Substantial Completion of the Work no later
than October 31, 2014.
5. Contract Price. The District shall pay the Contractor as full consideration for the
Contractors full, complete and faithful performance of the Contractors obligations
under the Contract Documents, subject to adjustments of the Contract Price in accordance
with the Contract Documents, the Contract Price of
_____________________________________ Dollars ($_______________). The
14
Contract Price is based upon the Contractors Base Bid Proposal for the Work and the
following Alternate Bid Items, if any:_______________. The Districts Progress
Payments of the Contract Price shall be subject to retention withholdings equal to five
percent (5%) of each Progress Payment (Retention).
6. Liquidated Damages. The Contract shall be subject to assessment of Liquidated
Damages if the Contractor; (i) fails to achieve Substantial Completion of the Work within
the Contract Time, including adjustments thereto authorized by the Contract Documents;
or (ii) fails to achieve Final Completion within the time established to achieve Final
Completion. The per diem rate of Liquidated Damages assessed for each of the
foregoing events is set forth in the Contract Documents.
7. Limitation on Damages. If the District breaches or defaults in its performance of its
obligations under the Contract Documents, the damages, if any, recoverable by the
Contractor shall be limited to general damages which are directly and proximately caused
by said breach or default of the District and shall exclude any and all special or
consequential damages. By executing this Agreement, the Contractor expressly
acknowledges the foregoing limitation to the recovery only of general damages from the
District if the District is in breach or default of its obligations under the Contract
Documents. The Contractor expressly waives any right to and foregoes the recovery for:
(i) lost or impaired bonding capacity; and/or, (ii) lost profits arising out of or in
connection with any past, present, or future work improvement, except for the Project
which is the subject of the Contract Documents.
8. The Contract Documents. The documents forming a part of the Contract Documents
consist of the following, all of which are component parts of the Contract Documents:
Districts Request for
Qualifications/Request for
Proposal
Non-Collusion Affidavit
Performance Bond
General Conditions
Drug-Free Workplace
Certificate
Statement of Qualification
Special Conditions
Price Proposal
15
9. Notices. Notices of the District and Contractor to the other shall be transmitted in
accordance with the Contract Documents. The effective date of notices transmitted in
accordance with the Contract Documents shall be as set forth in the Contract Documents.
Notices under the Contract Documents shall be addressed as follows:
If to the District:
Mt. San Jacinto College
Vice President Business Services
1499 N. State Street
San Jacinto, CA 92583
If to the Contractor:
_________________________
_________________________
_________________________
_________________________
10. Authority to Execute. The individual(s) executing this Agreement on behalf of the
Contractor is/are duly and fully authorized to execute this Agreement on behalf of
Contractor and to bind the Contractor to each and every term, condition, and covenant of
the Contract Documents.
CONTRTACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY
THE CONTRACTORS STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A
CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS STATE
LICENSE BOARD, P.O. BOX 2600, SACRAMENTO, CALIFORNIA 95826.
IN WITNESS WHERE OF, this Agreement has been duly executive by the District and the
Contractor as of the date set forth above.
DISTRICT
Mt. San Jacinto Community College District
CONTRACTOR
Contractor Name:
___________________________________
By: _________________________________
By: _______________________________
_____________________________________
____________________________________
Title: ________________________________
Title: _______________________________
16
Scope of Services. Listed Scope: Replacement of (1) 60 Ton and (1) 120 Ton
Chiller:
a..
Install hot taps for temporary chiller connections
b.
Disconnect, remove, and dispose of old chillers
c.
Rental and operation of rigging needed for the removal and place of
chillers
a.
This activity will need to be scheduled for Friday, Saturday, or
Sunday, so it will not disrupt the teaching schedule or have student
foot traffic at the site.
d.
Provide and install new chillers on existing concrete mounting curbs. The
District will execute a Letter of Intent to Trane, US, to approve the order
of the chillers. Ordering equipment ahead of schedule will help advance
scheduling of the project, which must be completed by October 31, 2014.
e.
Connect chillers to the existing building automation system
f.
Reconnect chilled water supply and return piping as needed
g.
Reinsulate piping to match existing
h.
Reconnect existing power feeders to new NEMA 3 disconnects and
connection to the new chillers.
i.
Start, test and commission equipment for proper operation
j.
All Work to be performed during normal working hours, except for the
rigging of chillers in and out as outlined in item 3.a above.
Any extensive repairs that are not identified within this document are not
included. Contractor shall furnish and pay for all labor, materials, equipment and
services, including without limitation, all testing, inspection, and commissioning
(if needed), necessary to complete the Work in accordance with the Contract
Documents. Unless otherwise expressly provided for in the Contract Documents,
all materials, equipment and other items incorporated into the Work shall be new
and of the most suitable grade and quality for the purpose intended. The Work is
subject to tests/inspections/commissioning as required (or needed) by the Contract
Documents. The Contractor shall afford the District, the Project Inspector, the
Districts Consulting Engineer, if any, and test/inspection services with access to
the Work, wherever located and whether in place or in progress. All of the Work
shall conform to the requirements of the Contract Documents and applicable laws,
ordinances, rules and regulations.
2.
3.
4.
4.1.1
18
5.
deduct such amount from any portion of the Contract Price then or thereafter due
to Contractor.
Changes
5.1
Mark-Ups on Changes to the Work. In the event of Changes to the Work,
pursuant to this Article, the mark-up for all overhead (including home and field
office overhead), general conditions costs and profit, shall not exceed the
percentage of allowable direct actual costs for performance of the Change as set
forth below.
5.1.1 Subcontractor Performed Changes. For the portion of any Change
performed by Subcontractors of any tier, the percentage mark-up on
allowable actual direct labor and materials costs incurred by all
Subcontractors of any tier shall be Ten Percent (10%). In addition, for the
portion of any Change performed by a Subcontractor of any tier, the
Contractor may add as amount equal to Five Percent (5%) of the allowable
actual direct labor and materials costs of Subcontractors performing the
Change; the foregoing mark-up shall not be applied to the Subcontractor
mark-up.
5.1.2 Contractor Performed Changes. For the portion of any Change performed
by the Contractors own forces, the mark-up on the allowable actual direct
labor and materials costs of such portion of a Change shall be Fifteen
Percent (15%).
5.1.3 Bond Premium Costs. In addition to the foregoing mark-ups on the direct
costs of labor and materials, a bond premium expense in an amount equal
to the lesser of the Contractors actual bond premium rate or one recent
(1%) of the total actual direct costs of labor and materials (before
Subcontractor and Contractor mark-ups) will be allowed.
5.1.4 Exclusions From Mark-up of Actual Costs. Mark-ups on the actual cost of
materials/equipment incorporated into a Change or for purchase/rental of
Construction Equipment shall not be applied to any portion of such costs
which are for sales, use or other taxes arising out of the purchase of
materials/equipment and/or for purchase/rental of Construction
Equipment.
5.2
5.3
5.4
exclusive discretion of the District, the Contractor shall not modify or amend the
form or content of such Change Order, or any portion thereof. The Contractors
attempted or purported modification or amendment of any such Change Order,
without the prior approval of the District, shall not be binding upon the District,
any such unapproved modification or amendment to such Change Order shall be
null, void and unenforceable. Unless otherwise expressly provided for in the
Contract Documents or in the Change Order, any Change Order issued hereunder
shall be binding upon the District only upon action of the Districts Board of
Trustees approving and ratifying of such Change Order, any action of the Board
of Trustees to approve and ratify such Change Order shall be deemed to be
limited to the Change Order as prepared by the District; such approval and
ratification of such Change Order shall not be deemed the Districts approval and
ratification of any unapproved amendment or modification by the Contract to
such Change Order.
Unilateral Change Orders. A Unilateral Change Order is a Change Order issued
by the District before the Contractor and District have agreed on the price and/or
time of performance for the Change. The District may, in its sole reasonable
discretion, issue a Unilateral Change Order for Changes in the Work approved by
the District notwithstanding any objection of the Contractor to the Districts
determination of the extent of any adjustment to the Contract Price or Contract
Time. The District shall issue a Unilateral Change Order only in the event that
the District has notified the Contractor in writing of the Districts determination,
and the Contractor has notified the District and the Project Inspector (if
applicable), in writing, no more than fifteen (15) calendar days from the date of
the Districts written notice of its objection to the Districts determination or the
Districts determination has been deemed accepted by the Contractor and the
Contractor has waived its right to protest or otherwise object to Districts
determination by failing to notify the District and the Project Inspector, in writing,
not more than fifteen (15) calendar days from the date of the Districts written
notice of its objection to the Districts determination. A Unilateral Change Order
shall describe the Change and set forth the adjustment to the Contract Time and
Contract Price, if any, and may include, without limitation, direct costs, indirect
costs, and/or costs of delay or impact related to, or arising out of, items covered
and/or affected by the Change Order. The District shall forward to the Contractor
for information only a copy of the proposed Unilateral Change Order at least five
(5) calendar days prior to the Board of Trustees review and consideration of the
Unilateral Change Order. Any Unilateral Change Order issued hereunder shall be
binding upon the District and Contractor only upon action of the Districts Board
of Trustees approval or ratification of same. Any and all claims by the
Contractor arising out of such Unilateral Change Order, and/or the Change giving
rise to such Unilateral Change Order, shall accrue as of the date of the Board of
Trustees approval or ratification of each such Unilateral Change Order and shall
be subject to the claim provisions set forth herein.
Construction Change Directive. A Construction Change Directive is a written
instrument issued by the District directing a Change to the Work prior to the
Contractor and District reaching full agreement on an adjustment of the Contract
20
5.5
5.6
5.7
Time and/or Contract Price on account of such Change. The Contractor shall
promptly commence and diligently complete any Change to the Work subject to a
Construction Change Directive issued hereunder. The Contractor shall not be
relieved or excused from its prompt commencement and diligent completion of
any Change subject to a Construction Change Directive by virtue of the absence
or inability of the Contractor and the District to agree upon the extent of any
adjustment to the Contract Time or the Contract Price for such Change. The
issuance of a Change Order pursuant to this Article in connection with any
Change authorized by the District under this Article 5 shall not be deemed a
condition precedent to Contractors obligation to promptly commence and
diligently complete any such Chan get authorized by a Construction Change
Directive hereunder. Upon completion of the Work such Change, if the
Contractor and District have not agreed on the Contract Time and Contract Price
for such Change, District shall issue a Unilateral Change Order pursuant to
Article 5.3 hereof.
Contractor Notice of Changes. If the Contractor should claim that any
instruction, request, the Drawings, the Specifications, action, condition, omission,
default, or other situation obligates the District to increase the Contract Price or to
extend the Contract Time, the Contractor shall notify the Project Inspector and the
District in writing of such claim within ten(10) calendar days from the date of its
actual or constructive notice of the factual basis supporting the same. The District
shall consider any such claim of the Contractor only if sufficient supporting
documentation is submitted with the Contractors notice to the Project Inspector.
Time is of the essence in Contractors written notice pursuant to the preceding
sentence so that the District can promptly investigate and consider alternative
measures to the address such instruction, request, drawings, specifications, action,
condition, omission, default or other situation. In the event that the District
determines that the Contract Price or the Contract Time are subject to adjustment
based upon the events, circumstances and supporting documentation submitted
with the Contractors written notice under this Article, any such adjustment shall
be determined in accordance with the provisions of Article 5.
Unit Price Items. If the Bid Proposal for the Work includes proposal(s) for Unit
Price Item(s), during Contractors performance of the Work, the District may
elect to add or delete any such Unit Price Item(s). If the District elects to add or
delete any such Unit Price Item(s) pursuant to the foregoing, the debit or credit for
such Unit Price Item(s) shall be in accordance with the amount(s) set forth in the
Contractors Unit Price Item(s) Proposal.
Addition or Deletion of Alternate Bid Item(s). If the Bid for the Work includes
proposal(s) for Alternate Bid Item(s), during Contractors performance of the
Work, the District may elect, pursuant to this Article to add any such Alternate
Bid Item(s) if the same did not form a basis for award of the Contract or delete
any such Alternate Bid Item(s) if the same formed a basis for award of the
Contract. If the District elects to add or delete any such Alternate Bid Item(s)
pursuant to the foregoing, the cost or credit for such Alternate Bid Item(s) shall be
as set forth in the Contractors Bid. If any Alternate Bid Item is added or deleted
from the Work pursuant to the foregoing, the Contract Time shall be adjusted by
21
5.8
5.9
5.10
5.11
the number of days allocated for the added or deleted Alternate Bid Item in the
Contract Documents; if days are not allocated for any Alternate Bid Item added or
deleted pursuant to the foregoing, the Contract Time shall be equitably adjusted to
the extent that the addition or deletion of an Alternate Bid Item actually affects
Work on the critical path of the Construction Schedule as of the date upon which
an Alternate Bid Item is added to or deleted from the Work.
Allowances. Any and all sums designated as an Allowance and included in the
Contract Price shall be expended only as directed by the District for the Districts
purposes. No expenditure for the Work shall be charged against an Allowance
without the prior written consent of the District. Allowance Items shall be
included in the Schedule of Values, are subject to Article 4 of the Terms and
Conditions re: Submittals, and shall be processed as Changes in accordance with
this Article 5. At Project closeout, any portion of an Allowance not expended for
the Work shall be credited to the District by Change Order.
Substitutions. No substitution of any specified item, product, material or system
will be considered unless the Contractor submits a request to substitute Specified
Items along with data substantiating the equivalency of the proposed substitution
with the Specified Items in accordance with the time limitations set forth in the
Districts Request for Proposals. The Contractor shall reimburse the District for
all costs and expenses incurred by the District to review a proposed substitution
for Specified Items. The Districts acceptance or rejection of a proposed
substitution shall be final. No substitution accepted by the District shall increase
the Contract Price or the Contract Time; provided, however, if the cost to
furnish/install an approved substitution is less than the specified item, the
Contract Price shall be reduced by such cost difference. If any Specified Items
are identified in any portion of the Contract Documents as District Standard
Materials/Equipment match existing in use or similar words/phrases, in
accordance with Public Contract Code 3400, the District shall be deemed to have
made a finding that such Specified Items are designated as sole source items
designed to march existing and in use items. In accordance with Public Contract
Code 3400, the District will not consider or accept alternatives or substitutions
for any Specified Items so identified.
Disputed Changes. In the event of any dispute or disagreement between the
Contractor and the District or the Architect regarding the characterization of any
item as a Change to the Work or as to the appropriate adjustment of the Contract
Price or the Contract time on account thereof, the Contractor shall promptly
proceed with the performance of such item of the Work, subject to a subsequent
resolution of such dispute or disagreement in accordance with the terms of the
Contract documents. The Contractors failure or refusal to so proceed with such
Work shall be deemed to be Contractors default of a material obligation of the
Contractor under the Contract Documents.
Adjustment of Contract Time. If Substantial Completions delayed, adjustment if
any to the Contract Time on account of such delay shall be in accordance with
this Article.
5.11.1 Excusable Delays. If Substantial Completion of the Work is delayed by
Excusable Delays, the Contract Time shall be subject to adjustment for such
22
reasonable period of time as determined by the District and the Project Inspector;
Excusable Delays shall not result in any increase in the Contract Price. Excusable
delays refer to unforeseeable and unavoidable causalities or other unforeseen
causes beyond the contract, and without fault or neglect, of the Contractor, any
Subcontractor, Material Supplier or other person directly or indirectly engaged by
the Contractor in performance of any portion of the Work. Excusable Delays
include unanticipated and unavoidable labor disputes, unusual and unanticipated
delays in transportation of equipment, materials, or Construction unanticipated
delays in transportation of equipment, materials or construction equipment
reasonably necessary for completion and proper execution of the Work,
unanticipated unusually severe weather conditions or DSA directive to stop the
Work. Neither the financial resources of the Contractor or any person or entity
directly or indirectly engaged by the Contractor in performance of any portion of
the Work shall be deemed conditions beyond the control of the Contractor. If an
event of Excusable Delay occurs, the Contract Time shall be subject to adjustment
hereunder only if the Contractor establishes: (i) full compliance with all
applicable provisions of the Contract Documents relative to the method, manner
and time for Contractors notice and request for adjustment of the Contract Time;
(ii) that the event(s) forming the basis for Contractors request to adjust the
Contract Time are outside the reasonable control and without any fault or neglect
of the Contractor or any person or entity directly or without any fault or neglect of
the Contractor or any person or entity directly or indirectly engaged by Contractor
in performance of any portion of the Work; (iii) that the event(s) forming the basis
for Contractors request to adjust the Contact Time directly and adversely
impacted the critical path of the Work as indicated in the Approved Construction
Schedule or the most recent updated Approved Construction Schedule relative to
the date(s) of the claimed event(s) of Excusable Delay. The foregoing provisions
notwithstanding, if the Terms and Conditions set forth a number of Rain Days
to be anticipated during performance of the Work, the Contract Time shall not be
adjusted for rain of Rain Days during performance of the Work shall exceed those
noted and agreed upon in the Approved Construction Schedule or the most recent
updated Approved Construction Schedule relative to the date(s) of such additional
Rain Days.
5.11.1 Rain Days. The Project Construction Schedule shall include zero (0) Rain
Days. Rain Days are those days on which the Contractor is presented by
inclement weather or conditions resulting immediately there adverse to the
current controlling generation or operations as determined by the Architect
or Construction Manager, from proceeding with a t lease 75 percent of the
normal labor and equipment force engaged on that operation or operations
for at least 60 percent of the normal labor and equipment force engaged on
that operation or operations for at least 60 percent of the total daily time
being currently apart of the Controlling Operation or Operations.
5.11.2 Compensable Delays. If Substantial Completion of the Work is displayed
and such delay is caused by the acts or omissions of the District, the
Architect, or separate Contractor employed by the District (collectively
23
5.12
5.12.1.2
5.12.2.3
5.12.4
6.
7.
8.
accurate, and complete and relate only to the Change referenced therein. All
records maintained by a Subcontractor, or any tier, referenced therein. All
records maintained by a Subcontractor, of any tier relating to the costs of a
Change to the Work shall be signed by such Subcontractors authorized
representative or Superintendent. All records maintained hereunder shall be
subject to inspection, review and/or reproduction by the District, the Project
Manager or the Districts Inspector upon request. If the Contractor fails or
refuses, for any reason, to maintain or make available for inspection, review
and/or reproduction such records and the adjustment to the Contract Price on
account of any Change to the Work is determined pursuant to this Article, the
Districts reasonable good faith determination of the extent of adjustment to the
Contract Price on account of such Change shall be final, conclusive, dispositive
and binding upon the Contractor. The Contractors obligation to maintain
records hereunder is in addition to, and not in lieu of, any other Contractor
obligation under the Contract Documents with respect to Changes to the Work.
Adjustment to Contract Time. In the event of any Change(s) to the Work
pursuant to this Article 4, the Contract Time shall be extended or reduced by
Change Order for a period of time commensurate with the time reasonably
necessary to perform such Change. If any Change requires an extension of the
Contract Time, the Contractor shall not be subject to Liquidated Damages for
such period of time.
8.2
8.3
8.4
8.5
8.5.1
8.5.2
8.5.3
9.
10.
Liquidated Damages. The per diem rate of Liquidated Damages for delayed Substantial
Completion and delayed Final Completion shall be as set forth herein.
9.1
Delayed Substantial Completion. If substantial completion is not achieved on or
before expiration of the Contract Time, the Contractor shall be liable to the
District for Liquidated Damages from the date of expiration of the Contract Time
to the date that the Contractor achieves Substantial Completion of the Work at the
rate of One Thousand Dollars ($1,000) per day. Substantial Completion shall be
that point at which the system is completely installed, inspected, operational,
tested, and commissioned.
9.2
Delayed Final Completion. If the Contractor fails to achieve Final Completion
within the time established pursuant to the Contract Documents, the Contractor
shall be liable to the District for Liquidated Damages from the date established for
Final completion until the date that Final Completion is actually achieved at the
rate of One Thousand Dollars ($1,000) per day.
9.2.1 Surety Liability. Subject only to limitations established by the penal sum of the
Performance Bond, the Surety issuing the Performance Bond shall be jointly and
severally liable to the District for Liquidated Damages due from the Contractor.
Uncovering and Correction of Work
10.1 Uncovering of Work. If any portion of the Work is covered contrary to the
request of the Architect, the Project Inspector or the requirements of the Contract
Documents, it must, if required by the Architect or the Project Inspector, be
uncovered for observation by the Architect and the Project Inspector and be
replaced at the Contractors expense without adjustment of the Contract Time or
the Contract Price.
10.2 Rejection of Work. Prior to the Districts Final Acceptance of the Work, any
Work or materials or equipment forming a part of the Work or incorporated into
the Work which is defective or not in conformity with the Contract Documents
may be rejected by the District, the Project Manager, the Architect, or the Project
Inspector. The Contractor shall correct such rejected Work without any
adjustment to the Contract Price or the Contract Time, even if the Work, materials
or equipment have been previously inspected by the Architect or the Project
Inspector or even if they failed to observe the defective or non-conforming Work,
materials or equipment.
10.3 Correction of Work. The Contractor shall promptly correct any portion of the
Work rejected by the District, the Project Manager or the Project Inspector for
failing to conform to the requirements of the Contract Documents, or which is
determined by them to be defective, whether observed before or after Substantial
Completion and whether or no fabricated, installed or completed. The Contractor
shall bear all costs of correcting such rejected Work, including additional testing
and inspections, and compensation for the services and expenses of the District,
the Project manager or the Project Inspector made necessary thereby. The
Contractor shall bear all costs of correcting destroyed or damaged construction
whether completed or partially completed, of the District or separate contractors,
caused by the Contractors correction or removal of Work which is not in
accordance with the requirements of the Contract Documents or which is
defective.
30
10.4
32
Laws applicable thereto and shall exercise all necessary safety precautions
relating to the use, storage or disposal thereof.
10.7.7.2
Prohibition on Use of Asbestos Construction Building Materials (ACBMs).
Notwithstanding any provision of the Drawings or the Specifications to the
contrary, it is the intent of the District that ACBMs not be used or
incorporated into any portion of the Work. In the event that any portion of the
Work depicted in the Drawings or the Specifications shall require materials or
products which the Contractor knows, or should have known with reasonably
diligent investigation, to contain ACBMs, Contractor shall promptly notify the
Project Inspector of the same so that an appropriate alternative can be made in
a timely manner so as not to delay the progress of the Work. Contractor
warrants to the District that there are no materials or products used or
incorporated into the Work which contain ACBMs. Whether before or after
completion of the Work, if it is discovered that any product or material
forming a part of the Work or incorporated into the Work contains ACBMs,
the Contractor shall at its sole cost and expense remove such product or
material in accordance with any laws, rules, procedures, and regulations
applicable to the handling, removal and disposal of ACBMs and to replace
such product or material with non-ACBM products or materials and to return
the affected portion(s) of the Work. Contractors obligations under the
preceding sentence shall survive the termination of the Contract, the warranty
period provided under the Contract Documents, the Contractors completion
of the Work or the Districts acceptance of the Work. In the event that the
Contractor shall fail or refuse, for any reason, to commence the removal and
replacement of any material or product containing ACBMs forming a part of,
or incorporated into the Work, within ten(10) days of the date of the Districts
written notice to the Contractor of the existence of ACBM materials or
products in the Work, the District may thereafter proceed to cause the removal
and replacement of such materials or products in any manner which the
District determines to be reasonably necessary and appropriate; all costs,
expenses and fees, including without limitation fees and costs of consultants
and attorneys, incurred by the District in connection with such removal and
replacement shall be the responsibility of the Contractor and the Contractors
Performance Bond Surety.
10.7.7.3
Disposal of Hazardous Materials. Contractor shall be solely and exclusively
responsible for the disposal of any Hazardous Materials on or about Site
resulting from the Contractors performance of Work and other activities. The
Contractors obligation hereunder shall include without limitation, the
transportation and disposal of any Hazardous Materials in strict conformity
with any and all applicable laws, regulations, orders, procedures or
ordinances.
11. Subcontractors. The Work of each Subcontractor shall be set forth in a written
Subcontract agreement incorporating by reference this Contract; Subcontracts shall be
made available to the District for review upon request of the District. The Contractor
33
is responsible to the District for the acts, omissions and other conduct of
subcontractors. Each Subcontractor shall maintain Workers
Compensation/Employers Liability Insurance and Commercial General Liability
Insurance as required by the Contract for Labor and Materials.
12. Non-Discrimination. The Contractor and its Subcontractors shall not discriminate
against any active or prospective employee based upon race, color, ancestry, national
origin, religion, sex, age, sexual preference or marital status. The Contactor and its
subcontractors shall comply with all applicable laws, ordinances, rules and
regulations prohibiting workplace discrimination and/or discriminatory employment
practices.
13. Payment of the Contract Price. The District will make payment of the Contract Price
upon completion of the Work, the Contractors full performance of all other
obligations under this Contract and the Contractors submission of a properly
itemized invoice. Upon receipt of the Contractors invoice, the District
Representative will promptly verify that the Work has been completed and that the
Contractor has performed all other obligations hereunder. Within thirty (30) days of
the District Representatives confirmation of the completion of Work and the
Contractors performance of other obligations hereunder, the District will make
payment of the Contract Price. If the Contract Time is duration of sixty (60) days or
more, the Contractor may submit invoices on a monthly basis for the value of Work
completed in the prior month whereupon the District Representative will promptly
verify that the Work has been completed as indicated in the Contractors invoice.
Within thirty (30) days of the date of such verification the District will make payment
equal to ninety-five percent (95%) of the value of the Work completed. Within sixty
(60) days of completion of all Work and all other of the Contractors obligations
hereunder, amounts previously retained from prior invoices will be released to the
Contractor. The District may, in its sole discretion, condition payment of the
Contract Price, or any portion thereof, upon: (a) the Contractors preparation of a
Schedule of Values for review and acceptance by the Districts Representative; (b)
the submittal of executed Waivers and Releases (on Progress Payment or Final
Payment, as applicable) for the Contractor and all Subcontractors receiving any
portion of the Contract Price; and/or (c) delivery of Certified Payroll records of the
Contractor and Subcontractors. The District may withhold payment of the Contract
Price if: (a) there are claims or the probability of claims being submitted by
Subcontractor, Material Suppliers, or others in connection with the Work; (b)
defective or non-conforming Work which is not remedied; or (c) there are any
uncured Contractor defaults.
13.1 Districts Right to Disburse Progress Payments by Joint Checks. Provided that
the district is in receipt of the applicable Subcontract or Purchase Order, the
District, may, in its sole discretion, issue joint checks to the Contractor and such
Subcontractor or Material Supplier is satisfaction of its obligation to make
Progress Payments or the Final Payment due hereunder.
13.2 No Waiver of Defective or Non-Conforming Work. The approval of any
Application for Progress Payment or the disbursement of any Progress Payment to
the Contractor shall not be deemed nor constitute acceptance of defective Work or
Work not in conformity with the Contract Documents.
34
14.
15.
35
16.
17.
18.
19.
20.
Contract or the Work. The Contractors obligations hereunder include without limitation:
(a) injury to, or death of, persons; (b) damage to property; (c) theft or loss of property; (d)
Stop Notice claims; and other losses, damages or costs arising out of, in whole or in
part, of the acts, omissions or other conduct of the Contractor or Subcontractors. The
Contractors obligations hereunder shall survive termination of the Contract and/or
completion of the Work, and are deemed incorporated into and made a part of the
obligations of the Surety issuing the Performance Bond.
District Right to Terminate. The Contractors failure to comply with any term or
condition of the Contract Documents shall constitute default of the Contractor; in such
event, the District may terminate the Contract upon seven (7) days written notice to the
Contractor. Unless the Contractor shall have commenced, and diligently thereafter
prosecute to completion, all required actions to cure such default(s), this Contract shall be
deemed terminated without further action of the District; such termination shall be
effective the seventh (7th) day after the date of the Districts written notice. If the District
terminates the Contract for default of the Contractor, the Contractor and the Performance
Bond Surety shall be liable to the District for all losses, costs and damages arising out of
the Contractors default and costs to complete the Work which exceeds the remaining
Contract Price at the time of termination. In addition to the preceding, the District may
terminate this Contract at any time for the convenience of the District upon seven (7)
days written notice to the Contractor, in which case, the payment of the Contract Price
shall be limited to the value of the Work in place or in progress at the time of the
termination for the Districts convenience.
Warranty. If within one (1) year, or such other period set forth in the Contract
Documents, any of the Work or workmanship is found defective or not in compliance
with the Contract Documents, the Contractor shall upon the Districts demand, promptly
take all measures necessary to correct, repair or replace such Work or workmanship. If
the Contractor fails to do so, the District may take necessary action to correct, replace or
repair such Work or workmanship at the cost and expense of the Contractor. The surety
issuing the Performance Bond shall be liable to the District for correction, repair or
replacement of defective/non-conforming Work if the Contractor fails or refuses to
perform in accordance with the preceding.
Tests/Inspections of Work. The Work shall be subject to tests/inspections as required by
the Contract Documents. The costs of all such tests/inspections will not be included in
the Contract Price. The Contractor shall be liable excessive costs of tests/inspections
which result from the Work not being ready for tests/inspections or the failure of the
Work to comply with the applicable test/inspection standards. The Project Inspector shall
have access at all times to the Work, whether in place or in progress; the Contractor shall
provide such access without adjustment of the Contract Price or the Contract Time.
Commissioning. The Work shall include the requisite commissioning as required by the
Contract Documents. The costs of all such commissioning are included in the Contract
Price and shall not be subject to further adjustment of the Contract Price or Contract
Time. The Contractor shall provide the District and the Project Inspector a minimum of
two (2) business days notice with a commissioning checklist.
Final Report. The Final Report is a record of the commissioning activities and measures
that were implemented and contain recommendations for O&M Practices that help
maintain the performance of the improved systems. The Final Report shall serve as a
36
21.
22.
resource for current and future operators and will be made part of the permanent record
of O&M plan and practices for the system. Contractor shall prepare and submit to the
District a Final Report upon its completion of the commissioning services, and prior to
the Districts distribution of its final payment.
Training. Contractor shall provide eight (8) hours of training to designated District
facility personnel to commission the building themselves to adjust for occupancy changes
or other conditions that cause a change in system performance. (if needed)
Dispute Resolution
22.1 Disputes; Continuation of Work. Notwithstanding any claim, dispute or other
disagreement between the District and the Contractor regarding performance
under the Contract Documents, the scope of Work thereunder, or any other matter
arising out of or related to, in any manner, the Contract Documents, the
Contractor shall proceed diligently with performance of the Work in accordance
with the Districts written direction, pending any final determination or decision
regarding any such claim, dispute or disagreement.
22.2 Dispute Resolution; Arbitration
22.2.1
Claims Under $375,000.00. Claims between the District and the
Contractor of $375,000.00 or less shall be resolved in accordance with the
procedures established in Pat 3, Chapter 1, Article 1.5 of the California
Public Contract Code, 20104 et seq.; provided however that California
Public Contract Code 20404.2(a) shall not supersede the requirements of
the Contract Documents with respect to the Contractors notification to the
District of such claim or extend the time for the giving of such notice as
provided in the Contract Documents. The term Claims as used herein
shall be as defined in California Public Contract Code 20404(b)(2).
22.2.2
JAMS Arbitration. Except as provided in Article 22.2.1, any other claims
disputer, disagreements or other matters in controversy between the
District and the Contractor arising out of, or related, in any manner, to the
Work, the Contract Documents, or the interpretation, clarification or
enforcement thereof shall be resolved by binding arbitration conducted by
JAMS before a retired judge arbitrator identified as having expertise in
public works construction matters and in accordance with the
Comprehensive Arbitration Rules and Procedures of JAMS in effect as of
the date that a Demand for Arbitration is filed, except as expressly
modified herein. The locale for any arbitration commenced hereunder
shall be the regional office of JAMS closest to the Site.
22.2.3
Demand for Arbitration. A Demand for Arbitration shall be filed and
served within a reasonable time after the occurrence of the claim, dispute
or other disagreement giving rise to the Demand for Arbitration, but in no
event shall a Demand for Arbitration be filed or served after the date when
the institution of legal or equitable proceedings based upon such claim,
dispute or other disagreement would be barred by the applicable statute of
limitations. If either the District or the Contractor assert that the other
37
23.
24.
25.
25.5 Site Maintenance. Contractor shall at all times keep Site free from debris such as
waste, dust, excess water, storm water runoffs, rubbish, and excess materials and
equipment. Contractor shall not leave debris under, in, or about the premises, but
shall promptly remove same from the premises and dispose of same offsite in a
lawful manner.
25.6 Days. Unless otherwise stated in the Contract Documents, all references to days
shall be deemed references to calendar days.
25.7 Severability. If any term, condition or provision of this Contract is deemed
invalid, illegal or unenforceable by a Court of competent jurisdiction, such term,
condition or provision shall be deemed severed herefrom, but all other terms,
conditions and provisions hereof shall remain unaffected and in full force and
effect.
25.8 Attorneys Fees. Except as expressly provided for in the Contract Documents, or
authorized by law, neither the District nor the Contractor shall recover from the
other any attorneys fees or other costs associated with or arising out of any legal,
administrative or other proceedings filed or instituted in connection with or
arising out of the Contract Documents or the performance of either the District or
the Contractor thereunder.
25.9 Provisions Required by the Laws Deemed Inserted. Each and every provision of
law and clause required by the Laws to be inserted in the Contract Documents is
deemed to be inserted herein and the Contract Documents shall be read and
enforced as though such provision or clause are included herein, and if through
mistake, or otherwise, any such provision or clause is not inserted or if not
correctly inserted, then upon application of either party, the Contract Documents
shall forthwith be physically amended to make such insertion or correction.
25.10 Entire Agreement. The Contract Documents contain the entire agreement and
understanding between the District and the Contractor concerning the subject
matter hereof, and supersedes and replaces all prior negotiations, proposed
agreements or amendments, whether written or oral. No amendment or
modification to any provision of the Contract Documents shall be effective or
enforceable except by an agreement in writing executed by the District and the
Contractor.
41
Attachment 2
NON-COLLUSION AFFIDAVIT
STATE OF CALIFORNIA
County of ______________, being first duly sworn, deposes and says that he/she is
___________________________________________________________________
(Title)
of________________________________________
(Name of Company)
The party making the foregoing proposal; that the proposal is not made in the interest of, or on
behalf of, any undisclosed person, partnership, company, association, organization, or
corporation; that the proposal is genuine and not collusive or sham; that the respondent has not
directly or indirectly colluded, conspired, connived, or agreed with any respondent or anyone
else to put in a sham proposal, or that anyone shall refrain from responding; that the respondent
has not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the proposal price of the respondent or any other respondent, or to
fix any overhead, profit, or cost element of the proposal price, or of that of any other respondent,
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 proposal are true; and, further,
that the respondent has not, directly or indirectly, submitted his or her price or any
breakdown thereof, or the contents thereof, or divulged information of date relative thereto, or
paid, and will not pay, any fee to any corporation, partnership, company association,
organization, proposal depository, or to any member of agent thereof to effectuate a collusive or
sham proposal.
Signature:
Print Name: ____________________________________________________
SUBSCRIBED BEFORE ME on this
Notary Public:
day of
My Commission Expires:
42
, 20
Attachment 3
HOLD HARMLESS AGREEMENT
The Vendor agrees to and does hereby indemnify and hold harmless the DISTRICT, its
officers, agents, and employees from every claim or demand made, and every liability, loss,
damages, or expense, or any nature whatsoever, which may be incurred by reason of:
Liability for damages for (1) death or bodily injury to persons, (2) injury to, loss or theft
of property, or (3) any other loss, damage or expense arising under either (1) or (2) above,
sustained by the Vendor or any person, firm or corporation employed by the Vendor upon or in
connection with the work called for in this Agreement, except for liability resulting from the sole
negligence, willful misconduct, or active negligence of the DISTRICT, its officers, employees,
agents or independent vendors who are directly employed by the DISTRICT; and
Any injury to or death of persons or damage to property caused by any act, neglect,
default or omission of the Vendor, or any person, firm, or corporation employed by the Vendor,
either directly or by independent contract, including all damages due to loss or theft, sustained by
any person, firm or corporation, including the DISTRICT, arising out of, or in any way
connected with the work covered by this agreement, whether said injury or damage occurs either
on or off school DISTRICT property, if the liability arose from the negligence or willful
misconduct of anyone employed by the Vendor, either directly or by independent contract.
The Vendor, at his own expense, cost, and risk, shall defend any and all actions, suits, or
other proceedings that may be brought or instituted against the DISTRICT, its officers, agents or
employees, on any such claim, demand or liability, and shall pay or satisfy any judgment that
may be rendered against the DISTRICT, its officers, agents or employees in any action, suit or
other proceedings as a result thereof.
SUBMITTED BY:
COMPANY
___________________________________________________
SIGNATURE___________________ SIGNATURE____________________
NAME_________________________ NAME_________________________
TITLE_________________________ TITLE__________________________
DATE_________________________ DATE__________________________
In accordance with the Corporations Code of California, any contract entered into by any corporation with Mt. San Jacinto Community College
District shall be signed by two officers of the corporation: the president/CEO or any vice president AND the secretary or the treasurer/CFO or
any assistant treasurer. If bidder is a corporation, and signer is not an officer, attach certified copy of by-laws or resolution authorizing
execution. If bidder is a corporation, affix corporate seal. If signer is an agent, attach power of attorney. If bidder is not an individual, list
names of other persons authorized to bind the organization.
43
Attachment 4
WORKERS COMPENSATION
Labor Code Section 3700 in relevant part provides:
Every employer except the State shall secure the payment of compensation in one or more of the
following ways:
1. By being insured against liability to pay compensation by one or more insurers
duly authorized to write compensation insurance in this State.
2. By securing from the Director of Industrial Relations a certificate of consent to selfinsure, which may be given upon furnishing proof satisfactory to the Director of
Industrial Relations, of ability to self-insure and to pay any compensation that may
become due to employees.
I am aware of the provisions of Labor Code Section 3700 which require every employer to be
insured against liability for workers compensation or to undertake self-insurance in accordance
with the provisions of that code, and I will comply with such provision before commencing the
performance of the work of this contract.
_______________________________________________________
Proper Name of Bidder
By:
44
Attachment 5
LABOR AND MATERIAL PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS that we, ____________________, as Surety and
__________________________________, as Principal, are jointly and severally, along with
their respective heirs, executors, administrators, successors and assigns, held and firmly bound
unto MT. SAN JACINTO COMMUNITY COLLEGE DISTRICT (The Obligee) for payment
of the penal sum of _____________________________________________ Dollars
($___________________) in lawful money of the United States, well and truly to be made, we
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT:
WHEREAS, the Obligee, by resolution of its Board of Trustees has awarded to the Principal a
Contract for the Work described as Like-for-Like Chiller(s) Replacement, RFP 2014-101.
WHEREAS, the Principal has entered into an Agreement with the Obligee for performance of
the Work, the Agreement and all other Contract Documents set forth therein are incorporated
herein by this reference and made a part hereof.
WHEREAS, by the terms of the Contract Documents, the Principal is required to furnish a bond
for the prompt, full and faithful payment to any claimant, as hereinafter defined, for all labor
materials or services used, or reasonably required for use, in the performance of the Work.
NOW THEREFORE, if the Principal shall promptly, fully and faithfully make payment to any
claimant for all labor, materials or services used or reasonably required for use in the
performance of the Work then this obligation shall be void; otherwise, it shall be, and remain, in
full force and effect.
The term Claimant shall refer to any person, corporation, partnership, proprietorship or other
entity including without limitation, all persons and entities described in California Civil Code
3181, providing or furnishing labor, materials or services used or reasonably required for use in
the performance of the Work under the Contract Documents, without regard for whether such
labor, materials or services were sold, leased or rented. This Bond shall insure to the benefit of
all Claimants so as to give them, or their assigns and successors, a right of action upon this Bond.
In the event suit is brought on this Bond by any Claimant for amounts due such Claimant for
labor, materials or services provided or furnished by such Claimant, the Surety shall pay for the
same and reasonable attorneys fe4es pursuant to California Civil Code 3250.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, deletion, addition, or any other modification to the terms of the Contract Documents,
the Work to be performed thereunder, the Specifications or the Drawings, or any other portion of
45
the Contract Documents, shall in any way limit, restrict or otherwise affect its obligations under
this Bond; the Surety hereby waives notice from the Obligee of any such change, extension of
time, alternation, deletion, addition or other modification to the Contract Documents, the Work
to be performed under the Contract Documents, the Drawings or the Specifications of any other
portion of the Contract Documents.
IN WITNESS WHEREOF, the Principal and Surety have executive this instrument this _____
day of ___________, 20____ by their duly authorized agent or representative.
\\\\
__________________________________
(Contractor-Principal Name)
By:
______________________________
(Signature)
_____________________________
(Typed or Printed Name)
Title: _______________________________
(Attach Notary Public Acknowledgement of Principals Signature)
_____________________________________
(Surety Name)
By _______________________________
(Signature of Attorney-in-Fact for Surety)
________________________________
(Typed or Printed Name of Attorney-in-Fact)
(Attach: (i) Attorney-in-Fact Certification; (ii) Notary Public
Acknowledgement of Authorizing Signature on Attorney-in-Fact
Certification; and (iii) Notary Public Acknowledgement of AttorneyinFact Signature)
46
Attachment 6
Acknowledgement and Acceptance of Guarantee
I am aware of the provisions of the Agreement which requires Guarantee and Warranty of
products and services provided as described in the attached Guarantee document, and I will
comply with such provision as a requirement of the performance of the work of this contract.
_______________________________________________________
Proper Name of Bidder
By:
47
GUARANTEE
District: MT. SAN JACINTO COMMUNITY COLLEGE DISTRICT
Project Name: LIKE-FOR-LIKE CHILLER(S) REPLACEMENT
Contractor Name: ____________________________________________
The Contractor hereby warrants and guarantees to the District that all work, materials, equipment and
workmanship provided, furnished or installed by or on behalf of Contractor in connection with the above-referenced
Project (the Work) have been provided, furnished and installed in strict conformity with the Contract Documents
for the Work, including without limitation, the Drawings and the Specifications. Contractor further warrants and
guarantees that all work, materials, equipment and workmanship as provided, furnished and/or installed are fit for
use as specified and fulfill all applicable requirements of the Contract Documents including without limitation, the
Drawings and the Specifications. Contractor shall, at its sole cost and expense, repair, correct and/or replace any or
all of the work, materials, equipment and/or workmanship of the Work, together with any other items which may be
affected by any such repairs, corrections or replacement, that may be unfit for use as specified or defective within a
period of one (1) year from the date of the Districts Final Acceptance of Work, ordinary wear and tear and unusual
abuse or neglect excepted.
In the event of the Contractors failure and/or refusal to comply with the provisions of this Guarantee,
within the period of time set forth in the Contract Documents after the Districts issuance of the Notice to the
Contractor of any defect(s) in the Work, materials, equipment or workmanship, Contractor authorized the District,
without further notice to Contractor, to repair, correct and/or replace any such defective item at the expense of the
Contractor. The Contractor shall reimburse the District for all costs, expenses or fees incurred by the District in
providing or performing such repairs, corrections or replacements within ten (10) days of the Districts presentation
of a demand to the Contractor for the same.
The provisions of this Guarantee and the provisions of the Contract Documents for the Work relating to the
Contractors Guarantee(s) and warranty(ies) relating to the Work shall be binding upon the Contractors
Performance Bond Surety and all successors or assigns of Contractor and/or Contractors Performance Bond Surety.
The provisions of this Guarantee are in addition to, and not in lieu of, any provisions of the Contract
Documents for the Work relating to the Contractors guarantee(s) and warranty(ies) or any guarantee(s) or
warranty(ies) provided by any material supplier or manufacturer of any equipment, materials or other items forming
a part of, or incorporated into the Work, or any other guarantee or warranty obligation of the Contractor, prescribed,
implied or imposed by law.
The undersigned individual executing this Guarantee on behalf of Contractor warrants and represents that
he/she is duly authorized to execute this Guarantee on behalf of Contractor and to bind Contractor to each and every
provision hereof.
Dated: ____________________
By: _____________________________
(Signature)
_____________________________
(Typewritten or Handwritten Name)
______________________________
(Title)
48
49
Attachment 7
PRICE PROPOSAL
To:
FROM: ____________________________________________________
(Name of Respondent)
______________________________________________________
(Address)
______________________________________________________
(City, State, Zip Code)
______________________________________________________
(Telephone/Fax)
______________________________________________________
(Email address of Bidders Representative(s))
PROJECT: LIKE-FOR-LIKE CHILLER(S) REPLACEMEN; RFP 2014-101
1.
Price Proposal
1.1 Price Proposal Amount. The undersigned Respondent proposes and agrees to
perform and provide turnkey Like-for-Like Chiller(s) Replacement services
including, all necessary labor, materials, tools, equipment, utilities, testing,
inspection, commissioning, and other services necessary to complete in a
workmanlike manner all of the Work and other obligations required by the Contract
Documents for the work of improvement commonly referred to as Like-for-Like
Chiller Replacement for the sum of
_______________________________________________ Dollars
($_____________), including any requisite allowances. The Contractor shall
complete all Work covered by the Contract Documents, including without limitation
the specifications (if any) and scope of work prepared by Mt. San Jacinto College.
The Respondent 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 assumptions, errors or omissions on the part of the undersigned
Respondent in preparing and submitting this Price Proposal. The Price Proposal
Amount set forth above is allocated for both the Sixty (60) ton and One HundredTwenty (120) ton Chillers located in building 100 of the San Jacinto Campus.
The Recommended brand name and model for replacement is:
issued by or on behalf of the District. Respondents that do not acknowledge all Bid
Addendas by listing by number and initialing in the space provided below will be
considered non-responsive and their bid shall be rejected.
1.3.1 Addenda 1 ____
1.3.2 Addenda 2 ____
1.3.3 Addenda 3_____
1.3.4 Addenda 4 ____
2.
3.
4.
5.
Award of Contract. If the Respondent submitting this Price Proposal is awarded the
Contract, the undersigned deliver to the District the executed agreement to the District,
the Bidder awarded the Contract shall also delivery: (a) Certificates of Insurance
evidencing all insurance coverages required under the Contract Documents; (b) the
Performance Bond; (c) the Labor and Material Payment Bond; and (d Verification of a
valid Contractors License for the work the Contractor is planning to perform. Failure of
the Respondent awarded the Contract to strictly comply with the preceding may result in
the Districts rescission of the award of the Contract. In such event, the District may, in
its sole and exclusive discretion, elect to award the Contract to the responsible Bidder
meeting the qualifications and criteria set forth in the Districts RFQ/P or to reject all
price Proposals.
Contractors License. The undersigned Respondent is currently and duly licensed in
accordance with the California Contractor License Law, California Business &
Professions Code 7000 et seq., under the following classifications (s) ______ bearing
License Number(s) ____________, with expiration date(s) of __________________.
The Respondent certified 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 and effect throughout the duration of the performance of the Work under the
Contract Documents; and (c) that all Sub contractors providing or performing any portion
of the Work shall be so properly licensed to perform or provide such portion of the Work.
Agreement to Bidding Requirements. The undersigned Respondent Acknowledges and
confirms its receipt and review of an agreement to the bidding requirements set forth in
the Project RFQ/P and Contract Documents. In accordance with California Civil Code
1717. Bidder expressly acknowledges and agrees that in the event that Respondent
institutes any legal or equitable proceedings in connection with this Proposal 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. This attorney fee provision shall be
limited to legal or equitable proceedings arising out of a bid protest and shall not extend
to or have any force and effect upon any Contract for performance of the Project work or
otherwise create or expand either partys rights and obligations under the RFQ/P and
Contract Documents.
Acknowledgment and Confirmation. The undersigned Respondent acknowledges its
receipt, review and understanding of the Drawings, the Specifications and other Contract
51
Documents pertaining to the proposed Work. The undersigned Respondent 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 Respondent
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.
By:
____________________________________
(Signature)
____________________________________
(Typed or Printed Name)
Title: ____________________________________
Company Name: ____________________________________
(Corporate Seal)
NOTE: If Respondent is a corporation, set forth the legal name of the corporation together with
the signature of the officer or officers authorized to sign contracts on behalf of the corporation.
If Respondent is a partnership, set forth the name of the firm together with the signature of the
partner or partners authorized to sign contracts on behalf of the partnership.
52
Attachment 8
STATEMENT OF QUALIFICATIONS
1. Contractor Information
Mailing Address
Street Address
City, State, Zip
Physical Location
(if different from mailing
address)
Telephone/Fax
Street Address
City, State, Zip
(_____)________________________
Telephone
(_____)________________________
Fax
Contact Information
Phone:
Fax:
Email:
License Classifications(s)
Responsible Managing
Employee; Responsible
Managing Officer
Expiration Date(s)
Owners
(K-12 School Districts or Community Colleges Preferred)
Architects
(K-12 or Community College Projects)
54
4. Energy Conservation Projects. Identify all Energy Conservation Projects Contractor has
designed, procured and installed for California public agencies (community college
districts, and K-12 school districts preferred) within the last five (5) years. For purposes
of this Proposal, Energy Conservation Projects shall include projects involving designbuild and/or design-bid-build projects for the procurement and installation of energy
conservation measures including, without limitation, energy efficiency analysis and life
cycle cost analysis, sustainable construction and/or energy efficient standards, projects
involving central plant design and infrastructure piping (including all mechanical and
electrical systems and distribution piping throughout a campus or building), HVAC
system projects for community colleges, projects involving integration of new equipment
and central plant systems with energy management systems (indicate whether such
projects used Integrated Energy Management System (EMS) controls), comprehensive
building envelope thermal insulation system installation and remediation projects, and
comprehensive building retro-commissioning of existing HVAC systems ((indicate
whether such projects used Integrated Energy Management System (EMS) controls.
Complete the following for each Project subject to the foregoing. Attach completed
copies of the following to the completed and executed Qualifications Statement
submitted concurrently with the Respondents RFQ Response.
Project Identification (by name or other
identification for project)
Project Owner (include contact person
name, address, telephone number and e-mail
address)
Architect of Record/Engineer for Project
(include contract person name, address,
telephone number, and e-mail address)
Detailed Project Description
Original
Adjusted
Planned
Actual
Completed:
Planned
completion:
55
5. Certifications. Please identify, by name and title, all personnel, who will be engaged for
this Project, that hold certifications in their field. Provide copies of any all
documentation evidencing the certifications held by such personnel.
6. Sub consultant/Subcontractors. On the attached Sub consultant/Subcontractor List,
identify, by name, company name, address and trade/specialty, each sub consultant
and/or subcontractor you intend to utilize in the performance of the Project services. For
each sub consultant listed, identify any and all state licenses and/or certifications they
hold. For each subcontractor listed, provide the subcontractors California Contractors
State License number.
7. Insurance.
Commercial General
Insurer:
Liability Insurance
Policy No.:
Broker:
Commercial General
Liability Insurance Broker
Contact Name:
Address:
Telephone:
Fax:
Email:
Surety:
Surety Broker:
Contact Name:
Address:
Telephone:
Email:
Workers Compensation
Insurance
Insurer:
Policy No.:
Broker:
Workers Compensation
Insurance Broker
Contact Name:
Address:
Telephone:
Email:
8. Essential Requirements. A Contractor will not be deemed qualified if the answer to any
of the following questions results in a not qualified response and the Bid Proposal
Submitted by such a Contract will be rejected for non-responsiveness.
56
8.1 Contractor possesses a valid and currently in good standing California Contractors
license for the Classification(s) of Contractors License requested by the Call for
Bids.
____ Yes ____ No (Not Qualified)
8.2 Contractor has a current commercial general liability insurance policy with coverage
limits of at least $1,000,000 per occurrence and $2,000,000 in the aggregate.
____ Yes ____ No (Not Qualified)
8.3 Contractor has a current workers compensation insurance policy as required by the
Labor Code or is legally self-insured pursuant to Labor Code 3700.
____ Yes ____ No (Not Qualified)
____ Bidder is exempt from this requirement, because it has no
employees
8.4 Certificates of Insurance evidencing the Contractors current commercial general
liability insurance policy and workers compensation insurance are attached to the
response to this Qualifications Statement.
Commercial General Liability Certificate of Insurance
____ Yes ____ No (Not Qualified)
Workers Compensation Certificate of Insurance
____ Yes ____ No (Not Qualified)
____ No, Applicant is exempt from this requirement, because it has no
employees.
8.5 Is the Contractor ineligible or debarred from submitting Bid Proposals for public
works projects or public works contracts pursuant Labor Code1777.1 or Labor Code
1777.7?
____ Yes (Not Qualified) ____ No
8.6 Has any public agency, within the past five (5) years conducted proceedings that
resulted in a finding that the Contractor, or any predecessor to the Contractor, is not a
responsible bidder for a public works project or a public works contract?
____ Yes (Not Qualified) ____ No
8.7 At any time during the last five (5) years, has the Contractor or any predecessor to the
Contractor, or any of the equity owners of the Contractor been convicted of a federal
or state crime involving fraud, theft, or any other act of dishonesty?
___Yes (Not Qualified) ____ No
8.8 At any time during the past five (5) years has a Surety completed any project or the
Contractors obligations under a construction contract?
____ Yes (Not Qualified) ____ No
57
8.9 At any time during the past five (5) years has the Contractor been declared in default
under any construction contract to which the Contractor was a Party?
____ Yes (Not Qualified) ____ No
8.10 Is the Contractors Workers Compensation Insurance average Experience
Modification Rating (EMR) over the past five (5) years more than 1.5?
___ Yes (Not Qualified) ____ No
9. Accuracy and Authority. The undersigned is duly authorized to execute this Statement of
Qualifications under penalty of perjury on behalf of the above-identified Contractor. The
undersigned warrants and represents that he/she has personal knowledge of each of the
responses to this Statement of Qualifications and/or that he/she has conducted all
necessary and appropriate inquiries to determine the truth, completeness and accuracy of
responses to this Statement of Qualifications. The undersigned declares and certifies that
the responses to this Statement of Qualifications are complete and accurate; there are no
omissions of material fact or information that render any response to be false or
misleading and there are no misstatements of fact in any of the responses. The aboveidentified Contractor acknowledges ad agrees that if the District determines that any
response herein is false or misleading or contains misstatements of fact so as to be false
or misleading, the Contractors Proposal may be rejected by the District for nonresponsiveness.
By:
_________________________________________________
(Signature of Bidders Authorized Officer or Representative)
_________________________________________________
(Typed or Printed name)
__________________________________________________
(Title)
58
Attachment 9
AERIAL OF CAMPUS
Facilities
Project Location
Building 100
59
60
Attachment 10
Job Tracking Form
61