request for qualification/ proposal (rfq/rfp) #1718 … · 2017-10-31 · rfq/rfp #1718-182 -...

RFQ/RFP #1718-182 - ENERGY PROJECT CONTRACTOR FAN COIL UNIT REPLACEMENT – BUILDING D AT SCC

REQUEST FOR QUALIFICATION/ PROPOSAL (RFQ/RFP) #1718-182

FAN COIL UNIT REPLACEMENT – BUILDING D

AT SANTIAGO CANYON COLLEGE

Request for Qualification /Proposal must be received no later than

Tuesday, December 5, 2017 at 4:00 PM

Joe Melendez Project Manager,

Facility Planning & District Construction and Support Services Rancho Santiago Community College District

2323 North Broadway Suite 112

Santa Ana, CA 92706-1640


RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT 2323 N. Broadway – Santa Ana CA 92706

_______________________________________________________________________

REQUEST FOR QUALIFICATION/PROPOSAL (RFQ/RFP) #1718-182 FAN COIL UNIT REPLACEMENT – BUILDING D AT SCC

1. INTRODUCTION AND PROJECTS

1.1. Introduction. Rancho Santiago Community College District (RSCCD) desires to engage a qualified Contractor to provide turnkey engineering and installation services for the Fan Coil Unit (FCU) Replacement project at the Santiago Canyon College Building D. The Energy Services Contactor (ESCO) is required to conduct meetings with the District’s Project Manager and Facilities Manager to establish parameters of the fan coil unit and control upgrades in coordination with the scope requirements below. A phasing schedule will be required to prevent or minimize building disruptions. ESCO must review all available college as-built plans, conduct independent site investigations and verifications, and evaluate existing conditions. The District’s goal is to improve energy efficiency performance of the fan coil units to decrease maintenance costs, reduce energy use, improve occupant comfort, improve system reliability, and maximize available utility incentives in coordination with the District’s Energy Consultant. This Project qualifies as energy conservation measures as defined in Government Code § 4217.11(c). The District’s Request for Proposals seeks proposals from qualified persons in compliance with Government Code §§ 4217.10 - 4217.18.

1.2. Project Description and Objectives. Santiago Canyon College, one of the state’s newest community colleges is a typical community college part of the Rancho Santiago Community College District. The campus, with address 8045 East Chapman Avenue, City of Orange, falls within California Climate Zone 8 (CZ08). Building D is a two-story 42,136 square feet academic building built in the year 1995. Building D has a variety of spaces including but not limited to classrooms, private offices, mechanical rooms, and electrical rooms. The building houses the college’s counseling program, arts and digital arts program, math program and instructional support program. Santiago Canyon College intends to replace the existing fan coil units as these units are at the end of life. The units have multiple problems ranging from electrical wiring issues, motor failures, inefficient cooling and heating coils, inadequate outside air, condensate drain problems, drain pan failures, damper issues, utility piping problems, and maintenance accessibility problems. Given the age and maintenance problems with the mechanical equipment, the District allocated 2017/2018 state scheduled maintenance funds to replace the fan coils at Building D. The objective of the fan coil unit replacement is to improve energy efficiency, increase performance, lower maintenance, increase system reliability, and improve system stability. TRC Engineers, Inc. was hired to identify potential energy efficiency measures associated with this project. TRC Engineers, Inc, findings and recommendations identified three key energy efficiency measures (EEM) with a target yearly energy savings amount of 92,113 kWh/yr or 9.28 kW/yr. The full report is enclosed herewith this RFQ/RFP.


1.3. Contractors’ License Classification. Pursuant to California Public Contract Code §3300, the District requires that Respondents possess the following classification(s) of California Contractors License at the time that the Contract for the Work is awarded: (i) The following specialty license: C-20 (HVAC)

2. SCOPE OF WORK 2.1. Fan Coil Units: ESCO shall remove forty-two (42) existing fan coils of various sizes and

replace with new high efficiency units of the same weight or less. All units shall have ease of access for routine maintenance. The FCUs must include variable airflow capabilities using Electronically Controlled Motors (ECMs) (refer to EEM 1 and EEM # 2). A high delta temperature (delta-t) across the cooling and heating coil for maximum efficiency is required and must not exceed the operating weights of the existing FCUs due to structural deck loading considerations (refer to MHP Structural Study included herewith this RFP).

2.2. Utility Pipe Systems (HHW and CHW): The 4-pipe fan coil piping system for chilled water (CHW) and heated hot water (HHW) operations shall be replaced with new piping. Strainers, hoses, and flex connections shall be new. The utility pipe replacement shall be no more than 5 foot from the nearest shut-off valve. The CHW and HHW Belimo valves and actuators are new and shall be removed and reused. Condensate piping shall be checked for flow to ensure adequate flow to destination drains and sinks.

2.3. Controls: Vintage 2016 Alerton controllers are mounted on existing FCUs and communicates to Vykon-branded JACE600 integration devices storing information such as sequence of operation program, alarms, and trends. The JACE is connected via the District intranet to a centralized Supervisor, Niagara 4 Tridium EMS. The Alerton field controllers shall be removed and reinstalled. Available points shall be used to control ECM fan speeds and provide occupant-based air flow setbacks, based on three modes of operations; regular occupied mode, occupied-standby mode, and unoccupied mode. The District requests a value-engineering option to install Original Equipment Manufacturer (OEM) factory-installed BACnet controls (if available) to review the costs options.

2.4. Ceiling Repairs: The ceiling grid shall be removed and repaired, in kind, and acoustical tiles shall be replaced at FCUs locations. The grid shall be repaired in accordance with the DSA approved plans and details.

2.5. Balancing: A dry and wet side balance is required. Balance water pressure and air balance zones and review findings with the District’s Project Manager.

2.6. Commissioning: The project will require third party commissioning. ESCO shall provide commissioning support. The commissioning authority will be assigned around early 2018.

2.7. Structural Study: The FCUs hangers and 45-degree braces are in good condition and will remain in place so that they are reused once FCUs are installed. If structural modifications are required, please advise the District through an RFI. Modifications are strictly prohibited due to agency review requirements.

2.8. Other considerations: FCU construction phasing may be required. The proposed phasing plan will require coordination with the college and Facilities PM. The goal is to minimize the impact to campus operations and allow for functional systems during construction. Temporary cooling will be required and the District will allocate an allowance for this purpose.


District required fan coil unit features and manufacturers:

• Optimized performance – ARI-440 certified and labeled; chilled-water coil for cooling, hot-water coil for heating

• Exposed (Art labs and Counseling area) and concealed cabinet; 4-pipe coils • Piping packages - Factory-assembled piping packages • Choice of controls –Controls shall be interfaced with an existing building automation

system (Alerton controller integrated into Tridium). • OEM controls (Value Engineer option) • Excellent IAQ – Low sound levels; sloped drain pans that are cleanable; cabinets can

be insulated with foil-faced fiberglass or closed-cell foam • Superior serviceability –Removable filters; fan deck, removable drain pan, and

removable coils for servicing • Maintain 68 - 74 degree space setpoints range with 72 optimum. • Manufacturers include Trane, York, Carrier, or District equal.

3. RESPONDENT QUALIFICATIONS & BID REQUIREMENTS

3.1. General Proposal Requirements. 3.1.1. Mandatory Job Walk. There will be a mandatory job walk and conference on

Friday, November 3, 2017 at 9:00 A.M. The job walk will be held at Santiago Canyon College located on 8045 East Chapman Avenue, Orange, CA 92869 (in the front of Building D at the east side). Respondents are required to attend the entire job walk to familiarize themselves with existing conditions.

3.1.2. Proposals shall be submitted in accordance with the instructions outlined in this

RFQ/RFP. 3.1.3. Proposals received by the District that omit any portion of these submittal

requirements may be deemed non-responsive. 3.1.4. Respondent warrants upon submission of Proposal that the Respondent has visited

and observed the site conditions to provide complete and operational systems in accordance with referenced specifications in this RFQ/RFP.

3.2. Respondent Qualifications 3.2.1. License Classification. The Respondent shall be a licensed contractor, in good standing,

pursuant to the California Business and Professions Code, and licensed to perform the work called for in the contract documents. Pursuant to California Public Contract Code §3300, the District requires that Respondents possess the following classification(s) of California Contractors License at the time that the Contract for the Work is awarded: (i) The following specialty license C-20 (HVAC)


3.2.2. Respondent and Subcontractors DIR Registered Contractor Status. Each Respondent must be a DIR Registered Contractor when submitting a Proposal and complete the attached DIR Registration Verification. The Proposal of a Respondent who is not a DIR Registered Contractor when the Proposal is submitted will be rejected for non-responsiveness. All Subcontractors identified in a Respondent’s Subcontractors’ List must be DIR Registered contractors at the time the Proposal is submitted. The foregoing notwithstanding, a Bid Proposal is not subject to rejection for non-responsiveness for listing Subcontractor in the Subcontractors List who is/are not DIR Registered contractors if such Subcontractor(s) completes DIR Registration pursuant to Labor Code §1771.1(c)(1) or (2). Further, a Proposal is not subject to rejection if the Bidder submitting the Bid Proposal listed any Subcontractor(s) who is/are not DIR Registered contractors and such Subcontractor(s) do not become DIR Registered pursuant to Labor Code §1771.1(c)(1) or (2), but the Respondent, if awarded the Contract, must request consent of the District to substitute a DIR Registered Subcontractor for the non-DIR Registered Subcontractor pursuant to Labor Code §1771.1(c)(3), without adjustment of the Contract Price or the Contract Time.

3.2.3. Statement of Qualifications. Respondent shall complete the Statement of Qualifications, attached hereto.

4. SCHEDULE OF EVENTS:

Wednesday, October 27, 2017 Distribute RFQ/RFP/RFP Friday, November 3, 2017 Mandatory Campus Job walk –

Santiago Canyon College in Front Building D (east side)

Friday November 17, 2017 RFI and Inquiries Due (via email to [email protected])

Tuesday November 28, 2017 Response to Inquiries Tuesday, December 5, 2017 Proposals due at 4:00 p.m. December 7 & 8, 2017 Interviews (District will call selected firms only prior to

interview) January 2018 (Board Meeting date is TBD)

Proposal Award/ Board Approval

February 9, 2018 Notice to Proceed March 30, 2018 Milestone 1- Engineering and Preconstruction Complete

(49 Calendar Days from NTP) August 10, 2018 Milestone 2- Substantial Completion (Total Contract

Duration - 182 calendar Days from NTP) 5. RFQ/RFP RESPONSE.

5.1. Submission of RFQ/RFP Response. Latest Date/Time for Submission of RFQ/RFP Response. The latest date/time for submission of RFQ/RFP Responses is 4:00 PM on Tuesday, December 05, 2017


5.1.1. Location for Submission of RFQ/RFP Response. RFQ/RFP Responses shall be submitted to the office of the District’s Assistant Vice Chancellor, Facility Planning, District Construction & Support Services at:

Joe Melendez Facility Planning, District Construction and Support Services RFQ/RFP #1718-182 Fan Coil Unit Replacement Rancho Santiago Community College District 2323 N. Broadway, Room 112 Santa Ana, CA 92706

RFQ/RFP Responses which are not actually received at the above-stated location at or prior to the latest date/time for submission of RFQ/RFP Responses will be rejected by the District for non-responsiveness. Respondents are solely responsible for the timely submission of RFQ/RFP Responses. Please take notice that no electronic e-mail responses will be permitted or accepted. Respondents are advised that the District utilizes a central mailroom for the receipt of items transmitted by United States Mail and private courier services, including FedEx, California Overnight, DHL, etc. Items received in the District’s central mailroom will be distributed to the addressee(s) only as part of the mailroom’s regular routine delivery service. A response to this RFQ/RFP which is received in the District’s central mailroom is not receipt by the above-stated District Office until delivery of such item is effectuated to the above-state District Office by the District’s mailroom services. Accordingly, Respondents are encouraged to personally deliver RFQ/RFP Responses directly to the above-stated District Office or to retain a private courier service to personally deliver RFQ/RFP Responses to the above-stated District Office.

5.1.2. RFQ/RFP/RFP Response. All materials submitted in response to this RFQ/RFP shall be on 8 ½” x 11” paper, in portrait orientation. All submitted materials must be bound in either a three-ring binder or spiral bound notebook. Tabbed dividers should be used to identify and separate discrete sections of the RFQ/RFP Response which correspond format and contents described in Paragraph 5.2 below.

5.1.3. Additional Materials. Respondents are not prohibited, but are discouraged, from submitting materials in addition to those specifically responding to the matters noted in Paragraph 4.2 below. If a Respondent elects to submit materials with its RFQ/RFP Response which are in addition to the matters described in Paragraph 5.2 below, the Respondent shall separately bind all such additional materials from the RFQ/RFP Response addressing the matters set forth in Paragraph 5.2 below.

5.1.4. Copies of RFQ/RFP Response. Each Respondent shall submit an original and four (4) copies of its RFQ/RFP Response, together with one (1) compact disk or flash memory stick with the complete Response.

5.2. RFQ/RFP Response Format and Organization. Each RFQ/RFP Response must conform to the following described organizational format and must include the contents described below. Failure of a Respondent to submit its RFQ/RFP Response in a format and with contents conforming to the following requirements will be a basis for the District’s rejection of such RFQ/RFP Response for non-responsiveness.


5.2.1. Cover Sheet. Identify the submittal as the RFQ/RFP Response to this RFQ/RFP and an identification of the firm submitting the RFQ/RFP Response along with the firm’s address, telephone/fax numbers and email addresses of the firm’s principal contacts in connection with this RFQ/RFP or the RFQ/RFP Response.

5.2.2. Letter of Interest. Include a brief letter expressing the interest of the Respondent in providing Energy Project Contracting and a brief statement of the qualifications of the Respondent to design, procure and install energy conservation projects. Provide contact information, including the telephone number, fax number and email address for the personnel of the Respondent who will be receiving notices and other communications from the District regarding the RFQ/RFP. The letter of interest should be bound with other materials responding to this RFQ/RFP

5.2.3. Table of Contents. Include a Table of Contents reflecting the Respondent’s responses to each of the items set forth below.

5.2.4. Tab 1; Statement of Qualifications and Relevant Project Experience. Complete the Statement of Qualifications attached as Attachment 1 to this RFQ/RFP for the Respondent. Respondent may provide additional details of the Projects identified in the Statement of Qualifications which reflect the skills, experience and other qualifications of the Respondent to successfully complete the Project

5.2.5. Tab 2; Required Certifications. Provide originals of the Subcontractors List (Attachment 2), Non-Collusion Declaration (Attachment 3), DIR Registration Verification (Attachment 4), Certificate Regarding Workers’ Compensation Insurance (Attachment 5), Acknowledgement of Agreement Regarding Indemnity (Attachment 6), Drug-Free Workplace Certification (Attachment 7), Certificate Regarding Alcoholic Beverage and Tobacco-Free Campus Policy (Attachment 8), Certificates Regarding Participation of Disabled Veteran Business Enterprises Participation (Attachments 9A and 9B), and Local Hire/Business Forms (Attachments 10A-E).

5.2.6. Tab 3; Insurance Certificates. Provide copies of Certificates of Insurance for the Respondent; required Certificates of Insurance and minimum coverage amounts for each policy of insurance are as set forth below.

5.2.7. Tab 4; Project Personnel Resumes. Provide current resumes for: (i) Respondent’s management or supervisory personnel responsible for Respondent’s performance under the Agreement if awarded to Respondent; (ii) Respondent’s proposed Project Manager(s)

Policy of Insurance Minimum Coverage Amount Workers Compensation In accordance with law Employers Liability One Million Dollars ($1,000,000) Commercial General Liability

One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate

Automobile Liability One Million Dollars ($1,000,000) combined single limit


for the Project; and (iii) Respondent’s technical and professional personnel proposed to complete any part of the Agreement.

5.2.8. Tab 5; Agreement Comments. Respondents must indicate in Tab 5 acceptance of all terms and conditions of the Agreement, without conditions, qualifications or reservations or identify any term or condition of the Agreement which the Respondent requests modification, by amendment to existing provisions, addition of additional provisions or deletion of existing provisions. Where any requested modification consists of amendments to existing provisions or additional provisions, the RFQ/RFP Response must set forth the complete text of the requested amendment or addition. Any Respondent who’s RFQ/RFP Response does not identify modifications to terms or conditions of the attached Agreement will be deemed to have agreed to and accepted all terms and conditions set forth therein, if the Respondent is awarded the Agreement.

5.2.9. Tab 6; Price Proposal. Provide a price proposal for the Energy Project on the form of Price Proposal attached 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 Respondent 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/P Response and such substitution is approved by the Engineer of Record and the District prior to RFQ/RFP Response date. Respondents’ pricing shall remain valid for a period of no less than ninety (90) days from the date Responses to the RFQ/RFP are due.

5.2.10. Tab 7; Acknowledgment of Addenda. If the District issued Addenda to the RFQ/RFP, Tab 7 must include the following statement:

The Respondent submitting this RFQ/RFP Response acknowledges receipt of Addenda Nos. _____________. The Respondent confirms that requirements noted in the foregoing Addenda are incorporated into the RFQ/RFP Response.

If the District did not issue Addenda to the RFQ/RFP, Tab 7 must include the following statement: “No Addenda issued.”

6. AWARD OF CONTRACT: The District reserves the right to reject any or all proposals, or to waive irregularities or informalities in any proposal. The award of the contract, if any, will be by action of the governing board and will be based on the recommendations of the Selection Committee in accordance with Government Code sections 4217.10 through 4217.18 including, without limitation, the experience of the Respondent, the type of technology employed by the Respondent, the cost to the District and best interests of the District. Each proposal must conform and be responsive to the contract documents as defined in the Agreement and Terms and Conditions. 7. EVALUATION OF SUBMITTALS:

7.1. Evaluation Criteria. The following criteria will be considered, although not exclusively, in determining which firm is awarded the contract, if any:


Criteria Relevant Experience and Ability. The Respondent will be evaluated based on experience in successfully completing energy conservation projects within the last five (5) years for projects which are subject to DSA jurisdiction and are similar in size, scope, use and complexity as this Project. Special consideration is given to Respondents who have completed large scale fan coil replacements and/or upgrades within the last 5 years.

Responsiveness to RFQ/RFP and Project Requirements. The District will evaluate responsiveness to the requirements of this RFQ/RFP as outlined in the RFQ/RFP and the technology to be employed.

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.

Availability. The District will evaluate the availability of the Respondent and its professional and technical staff to be dedicated to completing Projects in accordance with the Project schedule, and their availability for completing this Project, in particular, within the scheduled timeframe.

Proposed Pricing. The District will evaluate the price proposed for completion of Agreement. Please be advised that pricing is not the controlling determination but is one of the selection criteria. The District reserves the right to request Best and Final Pricing and/or negotiate the pricing with selected Respondents.

7.2. RFQ/RFP Evaluation and Clarification. The District reserves the right to request and obtain

clarification of any point in a Respondent’s submittal or to request and obtain additional information. The District reserves the right to conduct on District site, telephone or email, conversations with the Respondent to clarify proposals and other documents, ask questions or seek additional information. The Respondent’s inability to respond to this request may be cause of disqualification of their proposal.

8. INFORMATION FOR RESPONDENTS

8.1. Preparation of RFQ/RFP Form. Proposals under these specifications shall be submitted on the blank forms furnished herewith at the time and place stated in the RFP. All blanks in the Proposal form must be appropriately filled in, and all proposed prices must be stated clearly and legibly in both words and numerals. All Proposals must be signed by the Respondent in permanent blue ink and submitted in sealed envelopes, bearing on the outside, the Respondent’s name, address, telephone number, and California Contractor’s License number, and the name of the project for which the Proposal is submitted. The DISTRICT reserves the right to reject any Proposal if all of the above information is not furnished. Any Proposal received after the scheduled closing time for receipt of Proposals will be returned to the Respondent unopened. It is each Respondent’s sole responsibility to ensure its Proposal is timely delivered and received at the location designated as specified above. Any Proposal


received at the designated location after the scheduled closing time for receipt of Proposals shall be returned to the Respondent unopened.

8.2. Signature. The Proposal form, all bonds, all designations of subcontractors, the Contractor’s Certificates, the Agreement, and all Guarantees must be signed in permanent blue ink in the name of the Respondent and must bear the signature of the person or persons duly authorized to sign the Proposal. If Respondent is a corporation, the legal name of the corporation shall first be set forth, together with two signatures: one from the President and one from the Secretary or Assistant Secretary. Alternatively, the signature of other authorized officers or agents may be affixed, if a certified copy of the resolution of the corporate board of directors authorizing them to do so is provided to the DISTRICT. Such documents shall include the title of such signatories below the signature and shall bear the corporate seal.

If Respondent is a partnership, the true name of the firm shall first be set forth, together with the names of all persons comprising the partnership or co-partnership. The Proposal must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a statement of partnership acknowledging the signer to be a general partner is presented to the DISTRICT, in which case the general partner may sign.

Proposals submitted as joint venturers must so state and be signed by each joint venturer.

Proposals submitted by individuals must be signed by the Respondent unless an up to date power- of-attorney is on file in the DISTRICT office, in which case, said person may sign for the individual.

The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where a fictitious name is used, it must be so indicated in the signature.

8.3. Modifications. Changes in or additions to the Proposal form, recapitulations of the work Proposal upon, alternative proposals, or any other modification of the Proposal form which is not specifically called for in the contract documents may result in the DISTRICT’s rejection of the Proposal as not being responsive to the Notice Inviting Proposals. No oral or telephonic modification of any Proposal submitted will be considered.

8.4. Erasures, Inconsistent or Illegible Proposals. The Proposal submitted must not contain any erasures, interlineations, or other corrections unless each such correction creates no inconsistency and is suitably authenticated by affixing in the margin immediately opposite the correction the signature or signatures of the person or persons signing the Proposal. In the event of inconsistency between words and figures in the Proposal price, words shall control figures. In the event that the DISTRICT determines that any Proposal is unintelligible, inconsistent, or ambiguous, the DISTRICT may reject such Proposal as not being responsive to the Notice Inviting Proposals.

8.5. Examination of Site and RFP Documents. Each Respondent shall attend the Mandatory Job Walk and become fully acquainted with the conditions relating to the construction and labor so that the facilities, difficulties, and restrictions attending the execution of the work under the contract are fully understood. Respondents shall thoroughly examine and be familiar with the available drawings and system specifications. The failure or omission of any Respondent to receive or examine any contract documents, form, instrument, addendum, or other document


or to visit the site and become acquainted with conditions there existing shall not relieve any Respondent from obligations with respect to the Proposal or to the contract. The submission of a Proposal shall be taken as prima facie evidence of compliance with this section. Respondents shall not, at any time after submission of the Proposal, dispute, complain, or assert that there were any misunderstandings with regard to the nature or amount of work to be done.

8.6. Listing Subcontractors. Each Respondent shall submit with his Proposal, on the form furnished with the contract documents, a list of the names, license numbers and locations of the places of business of each subcontractor who will perform work or labor or render service to the Respondent in or about the Project, or a subcontractor who under subcontract to the Respondent, specially fabricates and installs a portion of the work, in an amount in excess of one-half of 1 percent of the Respondent’s total Proposal as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100, et seq.). If alternate Proposals are called for and the Respondent intends to use different or additional subcontractors, a separate list of subcontractors must be submitted for each such alternate.

8.7. Interpretation of Available Plans and Documents. If any prospective Respondent is in doubt as to the true meaning of any part of the contract documents, or finds discrepancies in, or omissions from the drawings and specifications, a written request for an interpretation or correction thereof may be submitted to:

Joe Melendez (Facilities Project Manager) Email: [email protected]

The Respondent submitting the request shall be responsible for its prompt delivery prior to the cut-off date for RFIs and Inquiries as set forth in the Schedule of Events at paragraph no. 4. Any interpretation or correction of the Contract Documents will only be made by addendum duly issued, and a copy of such addendum will be mailed or delivered to each Respondent receiving a set of the contract documents. No person is authorized to make any oral interpretation of any provision in the contract documents, nor shall any oral interpretation be binding on the DISTRICT. If discrepancies on drawings, or in specifications, or conflicts between drawings and specifications are not covered by addenda, Respondent shall include in the Proposal methods of construction and materials resulting in the higher Proposal.

8.8. Withdrawal of Proposals. Any Proposal may be withdrawn, either personally or by written request, at any time prior to the scheduled closing time for receipt of Proposals. The Proposal security for Proposals withdrawn prior to the scheduled closing time for receipt of Proposals, in accordance with this paragraph, shall be returned upon demand therefor.

No Respondent may withdraw any Proposal for a period of ninety (90) calendar days after the date set for the opening of Proposals.

8.9. Payment Bond; Performance Bond. Prior to commencing the Work, the Respondent shall obtain and deliver to the District a Performance Bond and a Labor and Material Payment Bond each in a penal sum of one hundred percent (100%) of the Contract Price and in the form and content set forth in the Contract Documents. The failure or refusal of the Respondent to furnish either the Performance Bond or the Labor and Material Payment Bond is a default by the Respondent of a material obligation hereunder. The Surety issuing bonds shall be an Admitted Surety Insurer as defined in California Code of Civil Procedure §995.120 and A.M. Best rated at least A-/VII.


8.10. Non-Collusion Declaration. Public Contract Code Section 7106 requires Respondents to submit a declaration of non-collusion with their Proposals. This form is included with the Proposal package and must be signed and dated by the Respondent under penalty of perjury.

8.11. Respondents Interested in More Than One Proposal. No person, firm, or corporation shall be allowed to make, or file, or be interested in more than one prime Proposal for the same work unless alternate Proposals are specifically called for. More than one proposal for the same work from any individual, firm, partnership, corporation, or association under the same or different names will not be accepted; and reasonable grounds for believing that any Respondent is interested in more than one proposal for the work will be cause for rejecting all proposals in which such Respondent is interested and the Respondent will forfeit their Proposal security to the DISTRICT. A person, firm, or corporation that has submitted a proposal to a Respondent, or that has quoted prices of materials to a Respondent, however, is not thereby disqualified from submitting a proposal or quoting prices to other Respondents or making a prime proposal.

8.12. Alternates. If alternate Proposals are called for, the contract may be awarded at the election of the governing board to the lowest responsible and responsive Respondent using the method and procedures outlined in the Notice Inviting Proposals.

8.13. Evidence of Responsibility. Upon the request of the DISTRICT, a Respondent whose Proposal is under consideration for the award of the contract shall submit promptly to the DISTRICT satisfactory evidence showing the Respondent’s financial resources, surety and insurance claims experience, construction experience, completion ability, workload, organization available for the performance of the contract, and other factors pertinent to a project of the scope involved.

8.14. Workers’ Compensation. In accordance with the provisions of Labor Code Section 3700, the successful Respondent as the Contractor shall secure payment of compensation to all employees. The Respondent shall sign and file with the 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 requires 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.” The form of such certificate is included as a part of the contract documents.

8.15. Contractor’s License. To perform the work required by this notice, the Respondent must possess:

(i) The following specialty license: C-20 (HVAC) The Respondent must maintain the license throughout the duration of the contract. If, at the time of award of the contract, Respondent is not licensed to perform the Project in accordance with Division 3, Chapter 9, of the Business and Professions Code for the State of California and the Request for Qualifications and Proposals, such Proposal will not be considered and the Respondent will forfeit its Proposal security to the District. 8.15.1. Anti-Discrimination. It is the policy of the District that in connection with all work

performed under contracts, there be no discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, religious creed, sex, age, or marital status. The Respondent 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 Respondent agrees to require like compliance by any subcontractors employed on the work by such Respondent.

8.16. Unbalanced or Altered Proposals. Proposals in which the prices are obviously unbalanced, and those which are incomplete or show any alteration of form, or contain any additions or conditional or alternate Proposals that are not called for or otherwise permitted, may be rejected. A proposal on which the signature of the Respondent has been omitted may be rejected.

8.17. Prevailing Wage Rates, Travel and Subsistence; Apprentices. 8.17.1. Prevailing Wages Required. The Respondent 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. The Respondent shall obtain copies of the above-referenced prevailing wage sheets and post a copy of such wage rates at appropriate, conspicuous, weatherproof points at the Site.

8.17.2. Wage Determinations. Any worker employed to perform work on the Project and such work is not covered by any classification listed in the published general prevailing wage rate determinations or per diem wages determined by the Director of the Department of Industrial Relations, shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to the employment of such person in such classification.

8.17.3. Holiday and Overtime Work. Holiday and overtime work, when permitted by law, shall be paid for at the rate set forth in the prevailing wage rate determinations issued by the Director of the Department of Industrial Relations or at least one and one-half (1½) times the specified basic rate of per diem wages, plus employer payments, unless otherwise specified in the contract documents or authorized by law. These per diem rates, including holiday and overtime work, and employer payments for health and welfare, pension, vacation, and similar purposes, are also available from the Director of the Department of Industrial Relations. It is the Respondent’s responsibility to ensure the appropriate prevailing rates of per diem wages are paid for each classification. It shall be mandatory upon the Respondent to whom the contract is awarded, and upon any subcontractor under such Respondent, to pay not less than the said specified rates to all workers employed by them in the execution of the contract.

8.17.4. Employment of Apprentices. The Respondent and all Subcontractors shall comply with all applicable provisions of the California Labor Code including, but not limited to sections 1777.5, 1777.6, and 1777.7 concerning the employment of apprentices. The Respondent and any Subcontractor under him shall comply with the requirements of said sections, including applicable portions of all subsequent amendments in the employment of apprentices; however, the Respondent shall have full responsibility for compliance with said Labor Code sections, for all apprenticeable occupations, regardless of any other contractual or employment relationships alleged to exist.

8.18. No Telephone or Facsimile Availability. No telephone or facsimile machine will be available to Respondents on the DISTRICT premises at any time.


Attachment 1 STATEMENT OF QUALIFICATIONS

1. Contractor Information. 1.1. Contact Information

1.2. Contractor Contacts. Name

______________________________________________________

Contact Information

Telephone: (________)____________________________

Fax (________)____________________________

Email ____________________________________________

1.3. California Contractors’ License.

License Number(s) ______________________________________________________

License Classification(s) ______________________________________________________

Responsible Managing Employee; Responsible Managing Officer

______________________________________________________

Expiration Date(s) _________________________________________________________

1.4. Contractor Form of Entity. � Corporation� General Partnership � Limited Partnership � Limited Liability Company � Limited Liability Partnership � Joint Venture � Sole Proprietorship

Mailing Address

_________________________________________________________ Street Address _________________________________________________________ City, State, Zip Code

Physical Location (if different from mailing address)

_________________________________________________________ Street Address _________________________________________________________ City, State, Zip Code

Telephone/Fax

(________) __________________________ Telephone (________) __________________________ Fax


2. Revenue. Complete the following for the Contractor’s construction operations; if any portion of the revenue disclosed is generated by non-construction operations or activities, the Contractor must identify the portion of revenue attributed to construction operations and generally describe business activities of the Contractor that generates non-construction operations related revenue.

Calendar Year/ Fiscal Year

Annual Gross Revenue

Annual Net Revenue

Average Dollar Value of all Contracts

Dollar Value of Largest Contract

2014 (2013/2014)

2015 (2014/2015)

2016 (2015/2016)

3. References.

DSA Project Inspectors

Firm Name Address Telephone No. Contact Name

Owners (K-12 school districts or Community Colleges preferred)

Owner Name Address Telephone No. Contact Name

Architects (K-12 or Community College Projects)

Architect Firm Name & Contact Name

Address Telephone No. Contact Name


4. Completed Energy Conservation Projects. Identify all other Energy Conservation Projects Contractor has completed 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 design-build 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 efficiency standards, projects involving central plant design and infrastructure piping (including all mechanical and electrical systems and distribution piping throughout a campus or building), LED parking lot and/or roadway light retrofit projects, interior and/or exterior lighting retrofit projects, HVAC equipment replacement projects for community colleges, projects involving integration of new equipment and central plant systems with energy management systems, comprehensive building envelope thermal insulation system installation and remediation projects, and comprehensive building retro-commissioning of existing HVAC systems (indicate whether such projects use 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 Respondent’s RFQ/RFP 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/ Commissioning Agent for Project (include contact person name, address, telephone number and e-mail address)

Detailed Project Description

Was this a Fan Coil Upgrade or Replacement Project?

YES NO DESIGN-BUILD YES NO

Original Contract Price and Adjusted Contract Price

Original Contract Price Adjusted Contract Price

Planned Duration/Actual Duration Planned Duration Actual Duration

Date Project Completed / Planned Completion Date

Completed: Planned Completion:

Was this Project subject to DSA jurisdiction


5. Projects of Similar Size and Scope. Provide the following information for three (3) projects the Respondent has completed for California public agencies (community college districts and K-12 school districts preferred) within the past five (5) years similar in size, scope, function and construction value as the Work:













6. Energy Conservation Projects In Progress. Identify all Prop 39 and Energy Conservation Projects

Contractor currently has in progress 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 design-build 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 efficiency standards, projects involving central plant EMS design, campus-wide EMS upgrade or replacement, HVAC equipment upgrades or replacement, projects involving integration of new EMS equipment to an existing campus-wide EMS system, central plant systems with energy management systems, comprehensive building envelope thermal insulation system installation and remediation projects, and comprehensive building retro-commissioning of existing HVAC systems (indicate whether such projects use Integrated Energy Management System (EMS) controls), EMS retro-commissioning, and monitoring-based commissioning. 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


Respondent’s RFQ/RFP Response.













7. Certifications. Please identify, by name and title, all of Contractor’s personnel, who will be

engaged for this Project, and identify any and all state licenses and/or certifications they hold. Provide copies of any all documentation evidencing the licenses and certifications held by such personnel.

8. Incentive Programs. Please describe in detail, all experience and knowledge Respondent has with working with SCE's or other IOU Utility Incentive Programs._____________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

9. Subconsultant/Subcontractors. On the attached Subcontractor List, identify, by name, company

name, address and trade/specialty, license no. and DIR Registration number, each subcontractor you intend to utilize in the performance of the Project services.


10. Insurance.

Commercial General Liability Insurance Insurer: _________________________________ Policy No. _________________________________ Broker _________________________________

Commercial General Liability Insurance Broker

(Contact Name) ________________________________________ _____________________________________________________ (Street Address) _____________________________________________________ (City, State & Zip Code) (______) __________________ (______) ___________________ Telephone Fax ____________________________________________ (Email address)

Performance and Labor & Materials Payment Bond Surety

Surety: _________________________________

Surety Broker _________________________________

________________________________________________ (Surety Broker Contact Name) _____________________________________________________ (Street Address) _____________________________________________________ (City, State & Zip Code) (______) __________________ (______) ___________________ Telephone Fax ____________________________________________ (Email address)

Workers Compensation Insurance Insurer: _________________________________ Policy No. _________________________________ Broker _________________________________

Workers Compensation Insurance Broker (Contact Name) ________________________________________ _____________________________________________________ (Street Address) _____________________________________________________ (City, State & Zip Code) (______) __________________ (______) ___________________ Telephone Fax ____________________________________________ (Email address)


11. Essential Requirements. A Respondent will not be deemed qualified if the answer to any of the following questions results in a “not qualified” response and the Price Proposal submitted by such a Respondent will be rejected for non-responsiveness.

11.1. Respondent possesses a valid and currently in good standing California Contractors’

license for the Classification(s) of Contractors’ License required by the Request for Qualifications/Proposals.

__ Yes __ No (Not Qualified) 11.2. Respondent is registered a DIR Registered Contractor.

__ Yes __ No (Not Qualified)

11.3. Respondent 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)

11.4. Respondent 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) __ Respondent is exempt from this requirement, because it has no employees

11.5. Certificates of Insurance evidencing the Respondent’s 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

11.6. Is the Respondent ineligible or debarred from submitting Proposals or bids for public

works projects or public works contracts pursuant Labor Code §1777.1 or Labor Code §1777.7?

__ Yes (Not Qualified) __ No

11.7. Has any public agency, within the past five (5) years conducted proceedings that

resulted in a finding that the Respondent, or any predecessor to the Respondent, is not a “responsible” bidder for a public works project or a public works contract?



11.8. At any time during the last five (5) years, has the Respondent or any predecessor to the Respondent, or any of the equity owners of the Respondent been convicted of a federal or state crime involving fraud, theft, or any other act of dishonesty?


11.9. At any time during the past five (5) years has a Surety completed any project or the

Respondent’s obligations under a construction contract? __ Yes (Not Qualified) __ No

11.10. At any time during the past five (5) years has the Respondent been declared in default under any construction contract to which the Respondent was a party?


11.11. Is the Respondent’s Worker’s Compensation Insurance average Experience

Modification Rating (“EMR”) rating over the past five (5) years more than 1.5?

__ Yes (Not Qualified) __ No 12. Questionnaire. If the response to any of the following questions is a “yes” complete and accurate

details must be attached; failure to attach such details will render the Bid Proposal of the Respondent to be non-responsive and rejected. Responses to the following will be used to evaluate Respondent responsibility. 12.1. Have legal, arbitration or administrative proceedings been brought construction project

owner against the Respondent or any of the principals, officers or equity owners of the Respondent within the past ten (10) years which arise out of or are related to any construction project? If “yes,” on a separate attachment, include the following details: (i) name of party initiating proceedings against the Respondent; (ii) contact name, address, phone and email address of party initiating proceedings; (iii) circumstances resulting in the initiation of proceedings; (iv) amount or other relief demanded; and (v) outcome of proceedings.

__ Yes __ No

12.2. Has the Respondent brought any legal, arbitration or administrative proceedings against the owner of a construction project within the past ten (10) years which arise out of or are related to the construction project? If “yes,” on a separate attachment, include the following details: (i) name of owner; (ii) contact name, address, phone and email address of contact person for owner; (iii) circumstances resulting in the initiation of proceedings; (iv) amount or other relief demand; and (v) outcome of proceedings.

__ Yes __ No

12.3. Has the Respondent brought any legal, arbitration or administrative proceedings against


the architect or design professional for a construction project within the past ten (10) years which arise out of or are related to the construction project? If “yes,” on a separate attachment, include the following details: (i) name of architect; (ii) contact name, address, phone and email address of contact person for architect or design professional; (iii) circumstances resulting in the initiation of proceedings; (iv) amount or other relief demand; and (v) outcome of proceedings.

__ Yes __ No

12.4. Has the Respondent brought any legal, arbitration or administrative proceedings against the construction/project manager for a construction project within the past ten (10) years which arise out of or are related to the construction project? If “yes,” on a separate attachment, include the following details: (i) name of construction/project manager; (ii) contact name, address, phone and email address of contact person for construction/project manager; (iii) circumstances resulting in the initiation of proceedings; (iv) amount or other relief demand; and (v) outcome of proceedings. __ Yes __ No

12.5. During the past five (5) years, has a surety declined to issue a surety bond for your organization in connection with a construction or energy services project?

____ Yes ____ No

If “yes” on a separate attachment provide details of the denial of bond coverage and the name of the company or companies which denied coverage.

12.6. At any time during the past five (5) years, has any surety company made any payments

on behalf the Respondent to satisfy any claims made against a bid, performance or payment bond issued to the Respondent, in connection with a construction project, either public or private?

____ Yes ____ No

If “yes,” on a separate attachment set forth: (i) the amount of each such claim; (ii) the name and telephone number of the claimant; (iii) the date of the claim; (iv) the grounds for the claim; (v) the present status of the claim; (vi) the date of resolution of such claim if resolved; (vii) the method by which such was resolved if resolved; (viii) the nature of the resolution; and (ix) the amount, if any, at which the claim was resolved.

12.7. In the last five years has any insurance carrier, for any policy of insurance, refused to

renew the insurance policy for your firm? ____ Yes ____ No

12.8. Within the past five (5) years, has the Respondent been required to pay either back


wages or penalties for the Respondent’s failure to comply with California prevailing wage laws? This question refers only to the Respondent’s violation of prevailing wage laws, not to violations of the prevailing wage laws by a subcontractor.

____ Yes ____ No

If ”yes,” on a separate attachment: (i) describe each instance of prevailing wage rate violation; (ii) identify the project on which a prevailing wage rate violation occurred; (iii) the public agency owner of the project; (iv) the number of employees affected by each prevailing wage rate violation; and (v) amount of back wages and penalties the Respondent was required to pay.

12.9. Within the past five (5) years, has there been more than one occasion in which the

Respondent was penalized or required to pay back wages for failure to comply with the Federal Davis-Bacon prevailing wage requirements?

____ Yes ____ No

If ”yes,” on a separate attachment: (i) describe each instance of prevailing wage rate violation; (ii) identify the project on which a prevailing wage rate violation occurred; ((iii) the number of employees affected by each prevailing wage rate violation; and (iv) amount of back wages and penalties the Respondent was required to pay.

12.10. Within the past five (5) years, has the Respondent been found to have violated any provision of California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works projects?

____ Yes ____ No

If “yes,” provide the date(s) of such findings, and attach copies of the Apprenticeship Counsel’s final decision(s).

13. Accuracy and Authority. The undersigned is duly authorized to execute this Statement of

Qualifications under penalty of perjury on behalf of the above-identified Respondent. 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 above-identified Respondent acknowledges and 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 Respondent’s Proposal may be rejected by the District for non-responsiveness.

Executed this___ day of __________________ 20__ at_____________________________ (City and State)

I declare under penalty of perjury under California law that the foregoing is true and correct. By: ____________________________________________

(Signature of Respondent’s Authorized Officer or Representative)

____________________________________________ (Typed or Printed Name)

Title: ___________________________________________

RFQ/RFP #1718-182 - ENERGY PROJECT CONTRACTOR FAN COIL UNIT REPLACEMENT – BUILDING D AT SCC ATTACHMENT 2 – SUBCONTRACTOR LIST

Attachment 2 SUBCONTRACTOR LIST

Respondent’s Name: _________________________________________ Project: Fan Coil Unit Replacement – Building D at Santiago Canyon College

Name Address Trade License No. DIR Registration

DUPLICATE FORM AS NEEDED By:__________________________________________________ Printed Name:_________________________________________ Title:_________________________________________________

RFQ/RFP #1718-182 - ENERGY PROJECT CONTRACTOR FAN COIL UNIT REPLACEMENT – BUILDING D AT SCC ATTACHMENT 3 – NON-COLLUSION DECLARATION

Attachment 3 NON-COLLUSION DECLARATION

PROJECT: Fan Coil Unit Replacement – Building D at Santiago Canyon College The undersigned declares: I am _____________________________________________________________________ , of

(Insert "Sole Owner", "Partner", "President, "Secretary", or other proper title)

_____________________________________________________________________________ (Insert name of bidder)

As the party submitting a Bid Proposal for the above-identified Project, the undersigned declares, states and certifies that:

1. The Bid Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization or corporation.

2. The Bid Proposal is genuine and not collusive or sham.

3. The Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any other bidder or anyone else to put in sham bid, or to refrain from bidding.

4. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to fix any overhead, profit or cost element of the bid price or that of any other bidder, or to secure any advantage against the public body awarding the contract or of anyone interested in the proposed contract.

5. All statements contained in the Bid Proposal and related documents are true.

6. The Bidder has not, directly or indirectly, submitted the bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any person, corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Executed this ____ day of ___________, 20__ at _______________________________. (City, County and State)

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. __________________________________________________ ______________________________________________________

Signature (Address) __________________________________________________ ______________________________________________________

Name Printed or Typed (City, County and State) (________) _________________________________________ (Area Code and Telephone Number)

RFQ/RFP #1718-182 - ENERGY PROJECT CONTRACTOR FAN COIL UNIT REPLACEMENT – BUILDING D AT SCC ATTACHMENT 4 – DIR REGISTRATION VERIFICATION

Attachment 4

DIR REGISTRATION VERIFICATION I am the _________________________ of _________________________________________ (“Bidder”)

(Title/Position) (Bidder Name) submitting the accompanying Bid Proposal for the Work described as Fan Coil Unit Replacement – Building D at Santiago Canyon College 1. The Bidder is currently registered as a contractor with the Department of Industrial Relations (“DIR”).

2. The Bidder’s DIR Registration Number is: _________________. The expiration date of the Bidder’s

DIR Registration is June 30, 20___.

3. If the Bidder is awarded the Contract for the Work and the expiration date of the Bidder’s DIR Registration will occur: (i) prior to expiration of the Contract Time for the Work; or (ii) prior to the Bidder completing all obligations under the Contract for the Work, the Bidder will take all measures necessary to renew the Bidder’s DIR Registration so that there is no lapse in the Bidder’s DIR Registration while performing Work under the Contract.

4. The Bidder, if awarded the Contract for the Work will remain a DIR registered contractor for the entire duration of the Work.

5. The Bidder has independently verified that each Subcontractor identified in the Subcontractors List submitted with the Bid Proposal of the Bidder is currently a DIR registered contractor.

6. The Bidder has provided the DIR Registration Number for each subcontractor identified in the Bidder’s Subcontractors’ List or within twenty-four (24) hours of the opening of Bid Proposals for the Work, the Bidder will provide the District with the DIR Registration Number for each subcontractor identified in the Bidder’s Subcontractors List.

7. The Bidder’s solicitation of subcontractor bids included notice to prospective subcontractors that: (i) all sub-tier subcontractors must be DIR registered contractors at all times during performance of the Work; and (ii) prospective subcontractors may only solicit sub-bids from and contract with lower-tier subcontractors who are DIR registered contractors.

8. If any of the statements herein are false or omit material facts rendering a statement to be false or misleading, the Bidder’s Bid Proposal is subject to rejection for non-responsiveness.

I have personal first hand-knowledge of all of the foregoing. I declare under penalty of perjury under California law that the foregoing is true and correct.

Executed this ____ day of __________________, 20___ at ____________________________.

City and State) _______________________________ (Signature) _______________________________ (Name, typed or printed)

RFQ/RFP #1718-182 - ENERGY PROJECT CONTRACTOR FAN COIL UNIT REPLACEMENT – BUILDING D AT SCC ATTACHMENT 5 – CONTRACTOR’S CERTIFICATE RE WORKERS’ COMPENSATION

Attachment 5 CONTRACTOR’S CERTIFICATE REGARDING 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 self-insure, 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 Respondent

By:

In accordance with Article 5 (commencing at section 1860), Chapter 1, Part 7, Division 2 of the Labor Code, the above certificate must be signed and submitted with the Contractor’s Proposal.

RFQ/RFP #1718-182 - ENERGY PROJECT CONTRACTOR FAN COIL UNIT REPLACEMENT – BUILDING D AT SCC ATTACHMENT 6 – ACKNOWLEDGMENT OF AGREEMENT RE INDEMNITY

Attachment 6 ACKNOWLEDGMENT OF AGREEMENT REGARDING INDEMNITY

TO: Rancho Santiago Community College District

RE: Project Number Construction Contract for

Pursuant to Labor Code Section 3864, the undersigned Contractors acknowledges and agrees that with respect to the above-referenced PROJECT the undersigned CONTRACTOR shall be liable to the on behalf of itself and all subcontractors hereby waives the benefits and protection of Labor Code Section 3864, which provides:

“If an action as provided in this chapter is prosecuted by the employee, the employer, or both jointly against the third person results in judgment against such third person, or settlement by such third person, the employer shall have no liability to reimburse or hold such third person harmless on such judgment or settlement in the absence of a written agreement to do so executed prior to the injury.”

This Agreement has been signed by an authorized representative of the contracting party and shall be binding upon its successors and assignees. The undersigned further agrees to promptly notify the DISTRICT of any changes of ownership of the contracting party or any subcontractor while this Agreement is in force.

____________________________________ Contracting Party

____________________________________ Name of Agent/Title

RFQ/RFP #1718-182 - ENERGY PROJECT CONTRACTOR FAN COIL UNIT REPLACEMENT – BUILDING D AT SCC ATTACHMENT 7 – CONTRACTOR’S CERTIFICATE RE DRUG-FREE WORKPLACE

Attachment 7 CONTRACTOR’S CERTIFICATE REGARDING DRUG-FREE WORKPLACE

This Drug-Free Workplace Certification form is required from all successful Respondents pursuant to the requirements mandated by Government Code Sections 8350 et seq., the Drug-Free Workplace Act of 1990. The Drug-Free Workplace Act of 1990 requires that every person or organization awarded a contract or grant for the procurement of any property or service from any State agency must certify that it will provide a drug-free workplace by performing certain specified acts. In addition, the Act provides that each contract or grant awarded by a State agency may be subject to suspension of payments or termination of the contract or grant, and the CONTRACTOR or grantee may be subject to debarment from future contracting, if the contracting agency determines that specified acts have occurred.

Pursuant to Government Code Section 8355, every person or organization awarded a contract or grant from a State agency shall certify that it will provide a drug-free workplace by doing all of the following:

a) Publishing a statement, notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person’s or organization’s workplace, and specifying actions which will be taken against employees for violations of the prohibition;

b) Establishing a drug-free awareness program to inform employees about all of the following:

1) The dangers of drug abuse in the workplace;

2) The person’s or organization’s policy of maintaining a drug-free workplace;

3) The availability of drug counseling, rehabilitation and employee-assistance programs; and

4) The penalties that may be imposed upon employees for drug abuse violations;

c) Requiring that each employee engaged in the performance of the contract or grant be given a copy of the statement required by subdivision (a) and that, as a condition of employment on the contract or grant, the employee agrees to abide by the terms of the statement.

I, the undersigned, agree to fulfill the terms and requirements of Government Code Section 8355 listed above and will (a) publish a statement notifying employees concerning the prohibition of controlled substance at the workplace, (b) establish a drug-free awareness program, and (c) require each employee engaged in the performance of the contact be given a copy of the statement required by section 8355(a) and require such employee agree to abide by the terms of that statement.


I also understand that if the Rancho Santiago Community College District determines that I have either (a) made a false certification herein, or (b) violated this certification by failing to carry out the requirements of Section 8355, that the contract awarded herein is subject to termination, suspension of payments, or both. I further understand that, should I violate the terms of the Drug-Free Workplace Act of 1990, I may be subject to debarment in accordance with the requirements of Sections 8350 et seq.

I acknowledge that I am aware of the provisions of Government Code Sections 8350 et seq. and hereby certify that I will adhere to the requirements of the Drug-Free Workplace Act of 1990.

DATE: CONTRACTOR

By: Signature

RFQ/RFP #1718-182 - ENERGY PROJECT CONTRACTOR FAN COIL UNIT REPLACEMENT – BUILDING D AT SCC ATTACHMENT 8 – CONTRACTOR’S CERTIFICATE RE ALCOHOLIC BEVERAGE AND TOBACCO-FREE CAMPUS POLICY

Attachment 8 CONTRACTOR’S CERTIFICATE REGARDING ALCOHOLIC BEVERAGE and

TOBACCO-FREE CAMPUS POLICY

The CONTRACTOR agrees that it will abide by and implement the DISTRICT’s Alcoholic Beverage and Tobacco-Free Campus Policy, which prohibits the use of alcoholic beverages and tobacco products, at any time, on DISTRICT-owned or leased buildings, on DISTRICT property and in DISTRICT vehicles. The CONTRACTOR shall procure signs stating “ALCOHOLIC BEVERAGE AND TOBACCO USE IS PROHIBITED” and shall ensure that these signs are prominently displayed in all entrances to DISTRICT campus property at all times.

DATE: CONTRACTOR

By: Signature

RFQ/RFP #1718-182 - ENERGY PROJECT CONTRACTOR FAN COIL UNIT REPLACEMENT – BUILDING D AT SCC ATTACHMENT 9A – STATEMENT OF ANTICIPATED DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION

Attachment 9A STATEMENT OF ANTICIPATED DISABLED

VETERAN BUSINESS ENTERPRISE PARTICIPATION

RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT Project: Fan Coil Unit Replacement – Building D at Santiago Canyon College

Our firm anticipates using Disabled Veteran Business Enterprise (DVBE) participation on this project to the maximum degree possible and will, following execution of an agreement, make a Good Faith Effort to invite and encourage DVBE participation.

At the conclusion of the project, we will report to the District the total dollar amount of DVBE participation (service/materials) used under our contract in compliance with the District’s Policy.

OR

Our firm anticipates using Disabled Veteran Business Enterprise (DVBE-supplied services/materials amounting to $______________ or _______% on this project. Attached is the DVBE Certification Letter(s) for the DVBE firms/individuals we anticipate using.

At the conclusion of the project, we will report to the District the total dollar amount of DVBE participation (service/materials) used under our contract in compliance with the District’s Policy.

Company: ____________________________________ Name: ____________________________________ Title: ____________________________________ Signature: ____________________________________

RFQ/RFP #1718-182 - ENERGY PROJECT CONTRACTOR FAN COIL UNIT REPLACEMENT – BUILDING D AT SCC ATTACHMENT 9B – CERTIFICATION – PARTICIPATION OF DISABLED VETERAN BUSINESS ENTERPRISES

Attachment 9B CERTIFICATION – PARTICIPATION OF

DISABLED VETERAN BUSINESS ENTERPRISES

RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT Project: Fan Coil Unit Replacement – Building D at Santiago Canyon College The Rancho Santiago Community College District has a participation goal for Disabled Veteran Business Enterprises of at least three percent (3%) per year of the overall dollar amount of funds expended each year by the District for all contracts. At the time of execution of the contract, the Contractor will provide a statement to the District of anticipated participation of Disabled Veteran Business Enterprises in the contract. Prior to, and as a condition precedent for final payment under the contract, the Contractor will provide appropriate documentation to the District identifying the amount paid to Disabled Veteran Business Enterprises pursuant to the contract, so that the District can assess its success at meeting this goal. The Contractor may provide the anticipated participation of Disabled Veteran Business Enterprises in terms of percentage of its total contract or the dollar amount anticipated to be paid to Disabled Veteran Business Enterprises or by providing the names of the Disabled Veteran Business Enterprises that will participate in the contract. If there is a discrepancy between the anticipated goals and the actual DVBE participation at completion of the contract or a failure to meet the anticipated goal or dollar amounts, the District will require the Contractor to provide, at the completion of the contract, a detailed statement of the reason(s) for the discrepancy or failure to meet the anticipated goals or dollar amounts. I certify that I have read the above and will comply with the anticipated participation of Disabled Veteran Business Enterprises in this contract. ____________________________________ ____________________________________ Signature Typed or Printed Name ____________________________________ ____________________________________ Title Company ____________________________________ ____________________________________ Address City, State, Zip ____________________________________ ____________________________________ Telephone Fax

RFQ/RFP #1718-182 - ENERGY PROJECT CONTRACTOR FAN COIL UNIT REPLACEMENT – BUILDING D AT SCC LOCAL HIRE AND LOCAL BUSINESSES PARTICIPATION STATEMENT

Attachment 10A

LOCAL HIRES AND LOCAL BUSINESSES PARTICIPATION STATEMENT

Each bidder must complete this form in order to comply with the Rancho Santiago Community College District’s Board Policy 6610 regarding opportunities for local hires and local businesses on District capital improvement and construction projects. Please also refer to the District’s Administrative Regulations for Board Policy 6610. Failure to complete and submit the required forms noted herein with the bidder’s bid shall render the bidder’s bid non-responsive. Goals & Definitions The District’s Board has established a goal of 50% participation of “Local Hires” and 25% participation of “Local Businesses” for applicable capital improvement and construction contracts awarded each fiscal year. It is the intent of the Board to not only meet these goals, but to exceed them. As used in this form: “Local Hire” means an individual who is “domiciled”, as defined in Elections Code section 349(b), in the following zip codes at least seven days prior to commencing work on a Public Project: 92602, 92606, 92610, 92612, 92614, 92618, 92620, 92626, 92627, 92660, 92675, 92676, 92679, 92688, 92701, 92703, 92704, 92705, 92706, 92707, 92708, 92780, 92782, 92802, 92805, 92806, 92807, 92808, 92840, 92843, 92861, 92862, 92865, 92866, 92867, 92868, 92869, 92883, or 92887. Local Hire shall also mean a “veteran” as defined in Military and Veterans Code section 980, who possesses a current and valid DD Form 214 card, and will provide work on District Public Projects. Local Hire shall also mean any current or former student that the District determines is or was enrolled as a student at one of the District’s colleges, and will provide work on District Public Projects. The District’s determination on whether an individual meets the definition of a “Local Hire” shall be binding and final. “Local Business” means a business serving as a contractor as defined in Business and Professions Code section 7026 or a business supplying construction-related materials that has its principal headquarters or permanently staffed regional office and that has held a business license within the zip codes listed above for Local Hire for a minimum of three months prior to the date the entity submits a bid, contract, or proposal for a Public Project. A Local Business contractor must also be properly registered with the Department of Industrial Relations in accordance with Labor Code section 1725.5. Local Business shall also mean any state or nationally certified minority-owned, women-owned, or disabled veteran business that has performed work for the District or other public agency within the zip codes listed above for Local Hire during the past four years. Certification for a disabled veteran business must be provided to the District. Local Business shall also mean a business that participates in an internship program that is currently approved or recognized by the District. The entity may also apply to obtain District approval of its internship program. The internship program must be approved by the District and must be completed by the end of the specific Public Project or by the next semester immediately after completion of the specific Public Project. Local Business shall also mean any entity that uses apprentices from a District approved apprenticeship program.

RFQ/RFP #1718-182 ENERGY PROJECT CONTRACTOR FAN COIL UNIT REPLACEMENT – BUILDING D AT SCC INSTRUCTIONS FOR LOCAL HIRES AND LOCAL BUSINESS PARTICIPATION STATEMENT

INSTRUCTIONS FOR LOCAL HIRES AND LOCAL BUSINESS PARTICIPATION STATEMENT

1. GENERAL INFORMATION:

A. The percentage for Local Hire participation shall be calculated by taking the ratio of the total number of workers performing work on the Project that are Local Hires as defined above, compared against the total number of all workers performing work on the Project. (total number of Local Hires) ———————————————— x 100 = percentage of Local Hire participation (total number of workers on the Project)

B. The percentage for Local Business participation shall be calculated by taking the ratio of the total

number of businesses providing any labor, materials or services for the Project authorized by the Contractor or their subcontractors that are Local Businesses as defined above, compared against the total number of all businesses providing any labor, materials or services for the Project authorized by the Contractor or their subcontractors. (total number of Local Businesses) ————————————————— x 100 = percentage of Local Business participation (total number of businesses on the Project)

2. CHOOSING AN OPTION:

A. Are you a Local Business as defined above on page one and do you intend to perform 95% of the work on the Project with your own employees? Yes No

If “Yes”, check Option 1 and sign and submit the Local Hires and Local Business Participation Statement Options Form with your bid. If “No”, proceed to Section II.

B. Based on the General Information in Section I. above, will you be able to meet the goal of 50% participation by Local Hires? Yes No

If “Yes”, proceed to Section II.C below. If “No”, proceed to Section II.D below.

C. Based on the General Information in Section I.B above, will you be able to meet the goal of 25% participation by Local Businesses? Yes No

If “Yes”, check Option 2, carefully review their requirements, and sign and submit the Local Hires and Local Business Participation Statement Options Form with your bid.

If “No”, proceed to Section II.D below.

D. Check Option 3, carefully review the requirements, complete and submit the Local Hires and Local Business Participation Statement Options Form with your bid.

RFQ/RFP #1718-182 - ENERGY PROJECT CONTRACTOR FAN COIL UNIT REPLACEMENT – BUILDING D AT SCC LOCAL HIRE AND LOCAL BUSINESSES PARTICIPATION STATEMENT OPTIONS FORM

Attachment 10B

LOCAL HIRES AND LOCAL BUSINESSES PARTICIPATION STATEMENT OPTIONS FORM

OPTION 1. By checking this option, the Contractor certifies under penalty of perjury under the laws of the State of California that it is a Local Business and that the Contractor (including their subcontractors) certifies that it intends to perform 95% of the work for the Project with their own employees. Upon completion of the Project and as a precondition for final payment, Contractor will confirm Local Hire or Local Business participation on the Project by completing and submitting the Local Hire and Local Business Contractor Close-Out Statement. OPTION 2. The Contractor has secured Local Hire participation for the Project, and that such Local Hire participation represents fifty percent (50%) of the number of all workers who will be performing work on the Project. Upon completion of the Project and as a precondition for final payment, Contractor will verify and report to the District the actual Local Hire participation on the Project by completing and submitting the Local Hire and Local Business Contractor Close-Out Statement. The Contractor has also secured Local Business participation for the Project, and that such Local Business participation represents twenty-five percent (25%) of the total number of all businesses providing any labor, materials or services for the Project authorized by the Contractor or their subcontractors. Upon completion of the Project and as a precondition for final payment, Contractor will verify and report to the District the actual Local Business participation on the Project by completing and submitting the Local Hire and Local Business Contractor Close-Out Statement. The Contractor further agrees that on at least a monthly basis, it will review all of their own certified payroll records, as well as the certified payroll of all subcontractors on the Project to date and prepare a written analysis and evaluation of the number of total workers on the Project and the number of Local Hires on the Project to date. The Contractor shall also perform a similar analysis and evaluation of the ratio of Local Businesses for the Project. These ratios shall be updated on at least a monthly basis and submitted with the Contractor’s Payment Application. Failure to provide this analysis may result in the District delaying payment to the Contractor. OPTION 3. The Contractor was unable, after reasonable good faith efforts, to secure 50% Local Hire and 25% Local Business participation for the Project. Contractor shall demonstrate their good faith efforts by completing the Local Hire and Local Business Good Faith Effort Worksheets at the time the Contractor is preparing their bid. After the District issues a Notice of Award letter to the Contractor for the Project, the Contractor shall have 24 hours to provide the Local Hire and Local Business Good Faith Effort Worksheets with a minimal of three Local Hires and three Local Businesses. Failure to document a minimum of three Local Hires and three Local Businesses in the Good Faith Effort Worksheets, or failure to provide the Good Faith Effort Worksheets in a timely manner will render the Contractor’s bid non-responsive and the District may award the contract for the Project to the next lowest, responsive, responsible bidder. The District may require the Contractor to provide additional documents or information and Contractor agrees to comply with any requests made by the District. The Contractor agrees it will use Local Hires and Local Businesses if the opportunity arises at any time during construction of the Project. Upon completion of the Project and as a precondition for final payment, the Contractor will verify and report to the District the actual Local Hire participation on the Project by completing and submitting the Local Hire and Local Business Contractor Close-Out Statement attached hereto as Local Hire and Local Business Contractor Close-out Certification.

RFQ/RFP #1718-182 - ENERGY PROJECT CONTRACTOR FAN COIL UNIT REPLACEMENT – BUILDING D AT SCC CONTRACTOR CERTIFICATION FOR LOCAL HIRE AND LOCAL BUSINESSES PARTICIPATION STATEMENT

Attachment 10C

CONTRACTOR CERTIFICATION FOR LOCAL HIRES AND LOCAL BUSINESSES PARTICIPATION STATEMENT

The Contractor certifies under penalty of perjury under the laws of the State of California that it has made reasonable efforts to secure participation by Local Hires and Local Businesses for the Project, including participation by Subcontractors and/or material suppliers. Contractor has reviewed the Instructions for local hires and local businesses, and has checked one of the Options on the Local Hires and Local Business Participation Statement Options Form.

__________________________________ ___________________________________ Company Name Authorized Representative Name ___________________________________ ___________________________________ Signature Date Title

END OF DOCUMENT

RFQ/RFP #1718-182 - ENERGY PROJECT CONTRACTOR FAN COIL UNIT REPLACEMENT – BUILDING D AT SCC LOCAL HIRES AND LOCAL BUSINESS GOOD FAITH EFFORT WORKSHEETS

Attachment 10D LOCAL HIRE AND LOCAL BUSINESS GOOD FAITH EFFORT WORKSHEETS

(To be submitted within 24 hours of Receipt of the Award to Contractor. Copy and use additional sheets if necessary.) Contractor must provide information for a minimum of three Local Hires and three Local Businesses in the forms set forth below. Contractors are encouraged to contact as many Local Hires and Local Businesses as possible.

LOCAL HIRES 1 Category of Work

Local Hire by: Is a Local Resident in the identified zip codes Is a Veteran Is a Current Student at one of the District’s colleges Is a Former Student at one of the District’s colleges

Person’s Name Address Date Contact by the District

Selected: Yes or No (circle one)

Phone Number

Reason Not Selected:

2 Category of Work

Local Hire by: Is a Local Resident in the identified zip codes Is a Veteran Is a Current Student at one of the District’s colleges Is a Former Student at one of the District’s colleges

Person’s Name

Address Date Contact by the District


Phone Number


3 Category of Work

Local Hire by: Is a Local Resident in the identified zip codes Is a Veteran Is a Current Student at one of the District’s colleges Is a Former Student at one of the District’s colleges Person’s Name



Phone Number


4 Category of Work




Phone Number


5 Category of Work




Phone Number



LOCAL BUSINESSES

1 Category of Work Local Business by: Is a Local Business in the identified zip codes Is a MBE Is a WBE Is a DVBE

Business Name

Participates in the District’s approved internship programs Participates in the District’s approved apprenticeship programs

Address

Date Contact by the District




Business Name


Address





Business Name


Address





Business Name


Address





Business Name


Address





Attachment 10E

LOCAL HIRE AND LOCAL BUSINESS GOOD FAITH EFFORT WORKSHEETS CERTIFICATION

I, ______________________________ [name], certify under penalty of perjury under the laws of the State of California, that I am the Contractor’s _______________________________ [position] and that I have made a diligent effort to ascertain the facts with regard to the representations made herein. In making this certification, I am aware of Section 12650 et seq. of the Government Code providing for the imposition of treble damages for making false claims. The District may require the Contractor to provide additional documents or information and Contractor agrees to comply with any requests made by the District. __________________________________ ___________________________________ Company Name Authorized Representative Name ___________________________________ ___________________________________ Signature Date Title

END OF DOCUMENT

RFQ/RFP #1718-182 - ENERGY PROJECT CONTRACTOR FAN COIL UNIT REPLACEMENT – BUILDING D AT SCC PROPOSAL FORM

PROPOSAL FORM

TO: Rancho Santiago Community College District, a California Community College District, acting by and through its Governing Board, herein called “DISTRICT.”

FROM: _____________________________________________

(Name of Respondent) _____________________________________________

(Address) _____________________________________________

(City, State, Zip Code) _____________________________________________

(Telephone/Telecopier) __________________________________________________________

(E-Mail Address of Respondent’s Representative(s)) _____________________________________________

(Name(s) of Respondent's Authorized Representative(s)) PROJECT: Fan Coil Unit Replacement – Building D at Santiago Canyon College 1. Pursuant to and in compliance with your Request for Proposals and other documents

relating thereto, the undersigned Respondent, having familiarized himself with the terms and conditions of the contract, the local conditions affecting the performance of the contract and the cost of the work at the place where the work is to be done, hereby proposes and agrees to perform within the time stipulated, the contract, including all of its component parts, and everything required to be performed, including its acceptance by the DISTRICT, and to provide and furnish any and all design services, labor, materials, tools, expendable equipment, and utility and transportation services necessary to perform the contract and complete all of the work in a workmanlike manner required in connection with Fan Coil Unit Replacement in Building D at Santiago Canyon College for the DISTRICT, in strict conformance with the drawings and other contract documents on file at the Purchasing Office of said DISTRICT for amounts set forth herein.

2. ADDENDA: The undersigned has thoroughly examined any and all Addenda (if any) issued during the Proposal period and is thoroughly familiar with all contents thereof and acknowledges receipt of the following Addenda: (Respondent to list all addenda).

ADDENDUM NO. _____ DATE RECEIVED _____________ ADDENDUM NO. _____ DATE RECEIVED _____________ ADDENDUM NO. _____ DATE RECEIVED _____________ ADDENDUM NO. _____ DATE RECEIVED _____________


3. PROPOSED PRICE

Exhibit 2 needs to be provided with a detailed cost price breakdown.

Please enter the total contract price (including allowances) in the section below.

TOTAL CONTRACT PRICE IN WORDS & NUMBERS:

______________________________________________________________ DOLLARS

($ ____________________________)

*Allowance cost must be included in the Proposed Price.

Allowance # 1: Provide a $50,000 allowance.

Allowance expenses shall be used exclusively to correct condensate pipe deficiencies, correct unknown electrical deficiencies, and address unforeseen and unknown problems encountered during the engineering and construction of the Fan Coil Replacement Project at Santiago Canyon College. The allowance expenditures shall be used at the District’s discretion and any monies not authorized for use by the District will be refunded to the District via a deductive change order at Project completion. The allowance expenditure requests shall be submitted with the same level of detail and supporting documentation as a normal change order request.

4. TIME FOR COMPLETION: The DISTRICT may issue its Notice to Proceed within ninety (90) days of the award of the Proposal by the DISTRICT. Once the CONTRACTOR has received the Notice to Proceed, the CONTRACTOR shall complete the work within ONE HUNDRED EIGHTY-TWO (182) consecutive calendar days. Time is of the essence. The undersigned agrees that failure to complete the work within the time set forth herein will result in the imposition of liquidated damages for each consecutive calendar day of delay per building in the amount of ONE THOUSAND DOLLARS ($1,000). (Government Code Section 53069.85)

5. NOTICE TO PROCEED. In the event that the DISTRICT desires to postpone giving the notice to proceed beyond this ninety (90) day period, it is expressly understood that with reasonable notice to the CONTRACTOR, giving the notice to proceed may be postponed by the DISTRICT. It is further expressly understood by the CONTRACTOR, that the CONTRACTOR shall not be entitled to any claim of additional compensation as a result of the postponement of giving the notice to proceed.

If the CONTRACTOR believes that a postponement will cause a hardship to it, the CONTRACTOR may terminate the contract with written notice to the DISTRICT within ten (10) days after receipt by the CONTRACTOR of the DISTRICT’s Notice of Postponement. It is further understood by the CONTRACTOR that in the event that the CONTRACTOR terminates the Contract as a result of postponement by the DISTRICT, the DISTRICT shall only be obligated to pay the CONTRACTOR for work performed by the CONTRACTOR at the time of notification of postponement. Should the


CONTRACTOR terminate the contract as a result of a Notice of Postponement, the DISTRICT shall have the authority to award the contract to the next lowest responsible Respondent.

6. AWARD OF CONTRACT. The award of contract, if any, will be made by the District’s Board of Trustees. It is understood that the DISTRICT reserves the right to reject any or all Proposals and/or waive any irregularities or informalities in this Proposal or in the Proposal process. The CONTRACTOR understands that it may not withdraw this Proposal for a period of ninety (90) days after the date set for the opening of Proposals.

7. The required Non-Collusion Declaration is attached hereto.

8. NOTICE OF ACCEPTANCE. It is understood and agreed that if written notice of the acceptance of this Proposal is mailed or delivered to the undersigned after the time set for the opening of Proposals, and within the time this Proposal is required to remain open, or at any time thereafter before this Proposal is withdrawn, the undersigned will execute and deliver to the DISTRICT a contract in the form attached hereto in accordance with the Proposal as accepted, and that he will also furnish and deliver to the DISTRICT the Performance Bond and Payment Bond, all within five (5) calendar days after receipt of notification of award, and that the work under the contract shall be commenced by the undersigned Respondent, if awarded the contract, by the start date provided in the DISTRICT’s Notice to Proceed, and shall be completed by the CONTRACTOR in the time specified in the contract documents.

9. NOTICE OF INTENT TO AWARD. Notice of Intent to Award Contract or other correspondence should be addressed to the undersigned at the address stated below.

10. The names of all persons interested in the foregoing proposal as principals are as follows:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

(IMPORTANT NOTICE: If Respondent or other interested person is a corporation, state the legal name of such corporation, as well as the names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state the true names of the firm, as well as the names of all individual co-partners comprising the firm; if Respondent or other interested person is an individual, state the first and last names in full.)

11. RESPONDENT INFORMATION. The undersigned Respondent shall be licensed and shall provide the following information:

Respondent’s California Contractor’s License Number: _____________________________ License expiration date: _____________________________ Name on License: _____________________________ Type of License: _____________________________


If the Respondent is a joint venture, each member of the joint venture must include the above information.

12. TIME IS OF THE ESSENCE. Time is of the essence regarding this contract, therefore, in the event the Respondent to whom the Notice of Intent to Award Contract is given fails or refuses to post the required bonds and return executed copies of the Agreement form within five (5) calendar days from the date of receiving the Notice of Intent to Award Contract, the DISTRICT may declare the Respondent’s Proposal deposit or bond forfeited as damages.

13. ASSIGNMENT OF RIGHTS. Pursuant to Government Code Section 4552, in submitting a Proposal to the DISTRICT, the Respondent offers and agrees that if the Proposal is accepted, it will assign to the DISTRICT all rights, title, and interest in, and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Business and Professions Code Sections 16700, et seq.,), arising from the purchase of goods, materials, or services by the Respondent for sale to the DISTRICT pursuant to the Proposal. Such assignment shall be made and become effective at the time the DISTRICT tenders final payment to the Respondent.

14. FALSE CLAIMS. The Respondent is familiar with Government Code Sections 12650, et seq., and Penal Code Section 72 and understands that false claims can lead to imprisonment.

By signing below, the Respondent declares that he/she has carefully examined the location of the proposed work, that he/she has examined all component parts of the RFP and all information provided by DISTRICT related thereto, including the proposed Design-Build Agreement, and read the accompanying instructions to Respondents, and hereby proposes and agrees, if this Proposal is accepted, to furnish all services, equipment, and materials and do all work required to complete the said Project in accordance with the RFP, in the time and manner therein prescribed for the unit cost and lump sum amounts set forth in this Proposal Form.

I, the below-indicated Respondent, declare under penalty of perjury that the information provided and representations made in this Proposal are true and correct.

Proper Name of Respondent

Address

By: Signature of Respondent

Date:

NOTE: If Respondent is a corporation, the legal name of the corporation shall be set forth above together with the signature of authorized officers or agents and the document shall bear the


corporate seal; if Respondent is a partnership, the true name of the firm shall be set forth above, together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if Respondent is an individual, his signature shall be placed above.

All signatures must be made in permanent blue ink.

RFQ/RFP #1718-182 - ENERGY PROJECT CONTRACTOR FAN COIL UNIT REPLACEMENT – BUILDING D AT SCC PAYMENT BOND

PAYMENT BOND (CALIFORNIA PUBLIC WORK)

KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the Rancho Santiago Community College District (sometimes referred to hereinafter as “Obligee”) has awarded to __________________________________ (hereinafter designated as the “Principal” or “Contractor”), an agreement for the work described as follows: ____________________________________ (hereinafter referred to as the “Public Work”); and

WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, and pursuant to California Civil Code Section 9550;

NOW, THEREFORE, We, _______________________________________, the undersigned Contractor, as Principal; and ________________________________, a corporation organized and existing under the laws of the State of ________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the Rancho Santiago Community College District and to any and all persons, companies, or corporations entitled by law to file stop notices under California Civil Code Section 9100, or any person, company, or corporation entitled to make a claim on this bond, in the sum being not less than one hundred percent (100%) of the total amount payable by said Obligee under the terms of said Contract, for which payment will and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, its heirs, executors, administrators, successors, or assigns, or subcontractor, shall fail to pay any person or persons named in Civil Code Section 9100; or fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, with respect to work or labor thereon of any kind; or shall fail to deduct, withhold, and pay over to the Employment Development Department, any amounts required to be deducted, withheld, and paid over by Unemployment Insurance Code Section 13020 with respect to work and labor thereon of any kind, then said Surety will pay for the same, in an amount not exceeding the amount herein above set forth, and in the event suit is brought upon this bond, also will pay such reasonable attorneys’ fees as shall be fixed by the court, awarded and taxed as provided in California Civil Code Section 9550 et seq.

This bond shall inure to the benefit of any person named in Civil Code Section 9100 giving such person or his/her assigns a right of action in any suit brought upon this bond.

It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, or specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described; or pertaining or relating to the furnishing of labor, materials, or equipment therefor; nor by any change or modification of any terms of payment or extension of time for payment pertaining or relating to any scheme or work of improvement herein above described; nor by any rescission or attempted rescission of the


contract, agreement or bond; nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond; nor by any fraud practiced by any person other than the claimant seeking to recover on the bond; and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given; and under no circumstances shall the Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the Obligee and the Contractor or on the part of any obligee named in such bond; that the sole condition of recovery shall be that the claimant is a person described in California Civil Code Section 9100, and who has not been paid the full amount of his or her claim; and that the Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this_____________ day of _____________, 20___.

PRINCIPAL/CONTRACTOR:

By:

SURETY:

By: Attorney-in-Fact

IMPORTANT: THIS IS A REQUIRED FORM.

Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in California Insurance Code Section 105, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, Surety’s name must also appear on the Treasury Department’s most current list (Circular 570 as amended).

Any claims under this bond may be addressed to:


(Name and Address of Surety) (Name and Address of agent or representative for service for service of process in California)

Telephone:

Telephone:

A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA ) ) ss. COUNTY OF )

On ___________________________ before me, ____________________________________, a Notary Public in and for said State, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument as the Attorney-in-Fact of the _____________________ (Surety) and acknowledged to me that he/she/they subscribed the name of the _____________________ (Surety) thereto and his own name as Attorney-in-Fact on the executed instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.

Notary Public in and for said State Commission expires:

(SEAL)

NOTE: A copy of the power-of-attorney to local representatives of the bonding company must be attached hereto.

RFQ/RFP #1718-182 - ENERGY PROJECT CONTRACTOR FAN COIL UNIT REPLACEMENT – BUILDING D AT SCC CONTRACT PERFORMANCE BOND

CONTRACT PERFORMANCE BOND (CALIFORNIA PUBLIC WORK)

KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the Rancho Santiago Community College District (sometimes referred to hereinafter as “Obligee”) has awarded to ___________________________________________ (hereinafter designated as the “Principal” or “Contractor”), an agreement for the work described as follows: ____________________________________ (hereinafter referred to as the “Public Work”); and

WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for said Public Work dated _____________ ____________________, (hereinafter referred to as the “Contract”), which Contract is incorporated herein by this reference; and

WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof.

NOW, THEREFORE, we, ______________________________________, the undersigned Contractor, as Principal, and ________________________________, a corporation organized and existing under the laws of the State of ________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the Rancho Santiago Community College District in the sum of _____________________________________ Dollars ($_______________), said sum being not less than one hundred percent (100%) of the total amount payable by said Obligee under the terms of said Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the bounded Contractor, his or her heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in said Contract and any alteration thereof made as therein provided, on his or her part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill guarantees of all materials and workmanship; and indemnify, defend and save harmless the Obligee, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

The Surety, for value received, hereby stipulates and agrees that it shall not be exonerated or released from the obligation of this bond (either by total exoneration or pro tanto) by any change, extension of time, alteration in or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same, nor by any change or modification to any terms of payment or extension of time for any payment pertaining or relating to any scheme of work of improvement under the contract. Surety also stipulates and agrees that it shall not be exonerated or released from the obligation of this bond (either by total exoneration or pro tanto) by any overpayment or underpayment by the Obligee that is based upon estimates


approved by the Commissioning Agent. The Surety stipulates and agrees that none of the aforementioned changes, modifications, alterations, additions, extensions of time or actions shall in any way affect its obligation on this bond, and it does hereby waive notice of any such changes, modifications, alterations, additions or extensions of time to the terms of the contract, or to the work, or the specifications as well notice of any other actions that result in the foregoing.

Whenever Principal shall be, and is declared by the Obligee to be, in default under the Contract, the Surety shall promptly and within no more than twenty (20) days after written notice from the Obligee to the Surety of the Principal’s breach or default of the Contract Documents and/or Obligee’s termination of the Contract, notify Obligee in writing of Surety’s assumption of obligations hereunder by its election (“Notice of Election”) to either remedy the default, or promptly complete the Contract through its agents or independent contractors, subject to acceptance and approval of such agents or independent contractors by Obligee as hereinafter set forth, in accordance with its terms and conditions and to pay and perform all obligations of Principal under the Contract, including, without limitation, all obligations with respect to warranties, guarantees and the payment of liquidated damages; or, at Obligee’s sole discretion and election, Surety shall obtain a Proposal or Proposals for completing the Contract in accordance with its terms and conditions, and upon determination by Obligee of the lowest responsible Respondent, arrange for a contract between such Respondent and the Obligee and make available as Work progresses (even though there should be a default or succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the “balance of the Contract price” (as hereinafter defined), and to pay and perform all obligations of Principal under the Contract, including, without limitation, all obligations with respect to warranties, guarantees and the payment of liquidated damages. The term “balance of the Contract price,” as used in this paragraph, shall mean the total amount payable to Principal by the Obligee under the Contract and any modifications thereto, less the amount previously paid by the Obligee to the Principal, less any withholdings by the Obligee allowed under the Contract.

Surety expressly agrees that the Obligee may reject any agent or contractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal. Unless otherwise agreed by Obligee, in its sole discretion, Surety shall not utilize Principal in completing the Contract nor shall Surety accept a Proposal from Principal for completion of the work in the event of default by the Principal.

In the event the Surety fails to issue its Notice of Election to Obligee within the time provided for hereinabove, the Obligee may thereafter cause the cure or remedy of the Principal’s failure of performance or default or to complete the Work. The Principal and the Surety shall be jointly and severally liable to the Obligee for all damages and costs sustained by the Obligee as a result of the Principal’s failure of performance under the Contract Documents or default in its performance of obligations thereunder, including without limitation the costs of cure or completion of the Work exceeding the then remaining balance of the Contract Price; provided that the Surety’s liability hereunder for the costs of performance, damages and other costs sustained by the Obligee upon the Principal’s failure of performance or default under the Contract Documents shall be limited to the penal sum hereof, which shall be deemed to include the costs or value of any Changes to the Work which increases the Contract Price.


No final settlement between the Obligee and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

The Surety shall remain responsible and liable for all patent and latent defects that arise out of or relate to the Contractor’s failure and/or inability to properly complete the Public Work as required by the Contract and the Contract Documents. The obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.

Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with enforcement of the bond, Contractor and Surety shall pay Obligee’s reasonable attorneys’ fees incurred, with or without suit, in addition to the above sum. In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including reasonable attorneys’ fees to be fixed by the Court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _____ day of _____________, 20___.

PRINCIPAL/CONTRACTOR:

By:

SURETY:

By: Attorney-in-Fact

The rate of premium on this bond is ______________________________ per thousand.

The total amount of premium charged: $__________________________ (This must be filled in by a corporate surety).


IMPORTANT: THIS IS A REQUIRED FORM.

Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in California Insurance Code Section 105, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, Surety’s name must also appear on the Treasury Department’s most current list (Circular 570 as amended).

Any claims under this bond may be addressed to:

(Name and Address of Surety) (Name and Address of agent or representative for service for service of process in California)

Telephone:

Telephone:

A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA ) ) ss. COUNTY OF )

On ____________________________, before me, _________________________, a Notary Public in and for said State, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument as the Attorney-in-Fact of the _____________________ (Surety) and acknowledged to me that he/she/they subscribed the name of the _____________________ (Surety) thereto and his own name as Attorney-in-Fact on the executed instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.


Notary Public in and for said State Commission expires:

(SEAL)

NOTE: A copy of the power-of-attorney to local representatives of the bonding company must be attached hereto.

RFQ/RFP #1718-182 - ENERGY PROJECT CONTRACTOR FAN COIL UNIT REPLACEMENT – BUILDING D AT SCC GUARANTEE

GUARANTEE

Guarantee for ___________________________________. We hereby guarantee that the ___________________________, which we have installed in ____________________________ has been done in accordance with the Contract Documents, including without limitation, the drawings and specifications, and that the work as installed will fulfill the requirements included in the Proposal documents. The undersigned and its surety agree to repair or replace any or all such work, together with any other adjacent work, which may be displaced in connection with such replacement, that may prove to be defective in workmanship or material within a period of two (2) years from the recordation date of the Notice of Completion of the above-mentioned structure by the DISTRICT, ordinary wear and tear and unusual abuse or neglect excepted.

In the event the undersigned or its surety fail to comply with the above-mentioned conditions within a reasonable period of time, as determined by the DISTRICT, but not later than ten (10) days after being notified in writing by the DISTRICT, the undersigned and its surety authorize the DISTRICT to proceed to have said defects repaired and made good at the expense of the undersigned and its surety, who will pay the costs and charges therefor upon demand. The undersigned and its surety shall be jointly and severally liable for any costs arising from the DISTRICT’s enforcement of this Guarantee.

Countersigned

(Proper Name)

(Proper Name)

By: By:

(Signature of Subcontract or Contractor)

(Signature of General Contractor if for Subcontractor)

Representatives to be contacted for service:

Name:

Address:

Phone Number:

RFQ/RFP #1718-182 - ENERGY PROJECT CONTRACTOR FAN COIL UNIT REPLACEMENT – BUILDING D AT SCC ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION

ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION

This Escrow Agreement is made and entered into by and between the Rancho Santiago Community College District, 2323 North Broadway, Santa Ana, CA 92706-1640, hereinafter called “OWNER”, and _______________________ whose address is _______________________, hereinafter called “CONTRACTOR”, and _______________________ whose address is _______________________, hereinafter called “Escrow Agent”.

For the consideration hereinafter set forth, the OWNER, CONTRACTOR and Escrow Agent agree as follows:

(1) Pursuant to section 22300 of the Public Contract Code of the State of California, CONTRACTOR has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by OWNER pursuant to the Construction Contract entered into between the OWNER and CONTRACTOR for ____ __________________in the amount of ________ dated _____________ (hereinafter referred to as the “Contract”). Alternatively, on written request of the contractor, the OWNER shall make payments of the retention earnings directly to the escrow agent. When CONTRACTOR deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the OWNER within ten (10) days of deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the OWNER and CONTRACTOR. Securities shall be held in the name of the OWNER, and shall designate the CONTRACTOR as beneficial owner.

(2) The OWNER shall make progress payments to the CONTRACTOR for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.

(3) When the OWNER makes payments of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the OWNER pays the Escrow Agent directly.

(4) CONTRACTOR shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the OWNER. These expenses and payment terms shall be determined by the OWNER, CONTRACTOR, and Escrow Agent.

(5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of CONTRACTOR and shall be subject to withdrawal by CONTRACTOR at any time and from time to time without notice to the OWNER.

(6) CONTRACTOR shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the OWNER to the Escrow Agent that OWNER consents to the withdrawal of the amount sought to be withdrawn by CONTRACTOR.

(7) The OWNER shall have a right to draw upon the securities in the event of default by the CONTRACTOR as determined solely by the District. Upon seven (7) days’ written notice to the Escrow Agent from the OWNER of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the OWNER.


(8) Upon receipt of written notification from the OWNER certifying that the Contract is final and complete, and that the CONTRACTOR has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to CONTRACTOR all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payment of fees and charges.

(9) Escrow Agent shall rely on the written notifications from the OWNER and the CONTRACTOR pursuant to Sections (5) to (8), inclusive, of this agreement and the OWNER and CONTRACTOR shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above.

(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the OWNER and on behalf of CONTRACTOR in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of Owner:

Title

Name

Signature

Address

On behalf of Contractor:

Title

Name

Signature

Address


On behalf of Agent:

Title

Name

Signature

Address

At the time the Escrow Account is opened, the OWNER and CONTRACTOR shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date set forth above.

OWNER CONTRACTOR

Title

Title

Name

Name

Signature

Signature

RFQ/RFP #1718-182 - ENERGY PROJECT CONTRACTOR FAN COIL UNIT REPLACEMENT – BUILDING D AT SCC INSURANCE DOCUMENTS & ENDORSEMENTS

INSURANCE DOCUMENTS & ENDORSEMENTS

The following insurance endorsements and documents must be provided to the Rancho Santiago Community College District within five (5) calendar days after receipt of notification of award. If the apparent low Respondent fails to provide the documents required below, the District may award the contract to the next lowest responsible and responsive Respondent or release all Respondents, and the Respondent’s Proposal security will be forfeited. All insurance provided by the Respondent shall fully comply with the requirements set forth in Article 13 of the Terms and Conditions.

1. General Liability Insurance: Certificate of Insurance with all specific insurance coverages set forth in Article 13 of the Terms and Conditions, proper Project description, designation of the District as the Certificate Holder, a statement that the insurance provided is primary to any insurance obtained by the District and minimum of 30 days’ cancellation notice. Respondent shall also provide required additional insured endorsement(s) designating all parties required in Article 13 of the Terms and Conditions. The additional insured endorsement shall be an ISO CG 20 10 (11/85), or an ISO CG 20 10 (10/93 or 07/04) and ISO CG 20 37 (10/93 or 07/04) or their equivalent as determined by the District in its sole discretion.

Incidents and claims are to be reported to the insurer at:

Attn:

(Title) (Department) (Company) (Street Address) (City) (State) (Zip Code) (_______) (Telephone Number)

2. Workers’ Compensation/ Employer’s Liability Insurance: Certificate of Workers’ Compensation Insurance meeting the coverages and requirements set forth in Article 13 of the Terms and Conditions, minimum of 30 days’ cancellation notice, proper Project description, waiver of subrogation and any applicable endorsements.


3. Automobile Liability Insurance: Certificate of Automobile Insurance meeting the coverages and requirements set forth in Article 13 of the Terms and Conditions, minimum 30 days’ cancellation notice, any applicable endorsements and a statement that the insurance provided is primary to any insurance obtained by the District.

Incidents and claims are to be reported to the insurer at:

Attn:

(Title) (Department) (Company) (Street Address) (City) (State) (Zip Code) (_______) (Telephone Number)

DATE: CONTRACTOR

By: Signature

RFQ/RFP #1718-182 - ENERGY PROJECT CONTRACTOR FAN COIL UNIT REPLACEMENT – BUILDING D AT SCC EXHIBIT 1 – PRICE PROPOSAL BREAKDOWN

EXHIBIT 1 – PRICE PROPOSAL BREAKDOWN

Line Item Activity Cost

1 Design, Engineering, and Submittals $ 2 EEM # 1 and EEM # 2 -Fan Coil Removal and Replacement $ 3 EEM # 3- BAS Controls and Occupancy Based HVAC Operations $ 4 Ceiling Grid and Tile Repairs $ 5 Repair Heating Hot Water and Chiller Water Pipe System ( 5' max from POC) $ 6 Test and Balance Systems (Air and Water) $ 7 Commissioning Support $

SUBTOTAL $ -

PERFORMANCE AND PAYMENT BOND $ District Project Allowance $ 50,000.00 GRAND TOTAL $

8 Value Engineering Option (Add or Deduct)- OEM Factory Installed Controls $

(Include grand total on the proposal form with allowance amount)

RFQ/RFP #1718-182 - ENERGY PROJECT CONTRACTOR FAN COIL UNIT REPLACEMENT – BUILDING D AT SCC EXHIBIT 2 – EXISTING PLANS, TRC ENERGY STUDY

EXHIBIT 2 – Existing Plans and Additional Reports

The following plans and reports are available through the dropbox link below:

1. Existing SCC Building D Plans -All Disciplines Dated August 1989 2. Existing Alerton control system as-built Dated March 25, 2016 3. MHP FCU Structural Support Study Dated July 25, 2017 4. TRC Engineering Inc. Energy Study Dated September 28, 2017 5. Summer 2017 Class Schedule (for reference)

https://www.dropbox.com/sh/tm38n85ei96rjyr/AACZoyJdvK-QFWXnB4jcIpMYa?dl=0

https://www.dropbox.com/sh/tm38n85ei96rjyr/AACZoyJdvK-QFWXnB4jcIpMYa?dl=0

RFQ/RFP #1617-153 - ENERGY PROJECT CONTRACTOR PROP 39 - EMS UPGRADES AT SAC, DMC, OCSRTA EXHIBIT 3 – SITE PLANS

EXHIBIT 3 – Site Maps

RFQ/RFP #1718-XXX - ENERGY PROJECT CONTRACTOR FAN COIL UNIT REPLACEMENT – BUILDING D AT SCC EXHIBIT 3– SITE PLANS