FPVMD PHASE 2 ITB (RE-BID) Final 2026-10-13.pdf

FILLMORE PIRU VETERANS MEMORIAL DISTRICT

(FPVMD)

CALIFORNIA

CONTRACT DOCUMENTS

SPECIFICATIONS AND STANDARD DRAWINGS

BUILDING IMPROVEMENTS, SEISMIC RETROFIT,

STRUCTURAL REPAIRS, AND UPGRADES INCLUDING

HVAC, ENERGY (TITLE 24)/ WATER EFFICIENCY

UPGRADES AND ACCESSIBILITY UPGRADE

CDBG FEDERAL/LOCAL PROJECT

Ventura County Grant ID Nos. MITRIP 17-03 and CD22243101

Federal Award ID Nos. B-18-DP-06-0002, B-22-UC-06-0507, B-23-UC-06-

0507, B-24-UC-06-0507, B-25-UC-06-0507

FISCAL YEAR 2025-2026

Fillmore Piru Veterans Memorial District 511 2nd Street Fillmore, California 93015

Phone: (805) 524-1500 ext. 713

CONTRACT DOCUMENTS,

SPECIFICATIONS AND STANDARD DRAWINGS

FOR THE

HVAC, ENERGY (TITLE 24)/ WATER EFFICIENCY

UPGRADES AND ACCESSIBILITY UPGRADE

CDBG FEDERAL/LOCAL PROJECTCDBG FEDERAL/LOCAL

PROJECT

HVAC, ENERGY (TITLE 24)/ WATER EFFICIENCY

UPGRADES AND ACCESSIBILITY UPGRADE

CDBG FEDERAL/LOCAL PROJECTCDBG FEDERAL/LOCAL

TABLE OF CONTENTS

TABLE OF CONTENTS ...........................................................................................i

NOTICE INVITING SEALED BIDS .......................................................................A-1 - A-6

INSTRUCTIONS TO BIDDERS ..............................................................................B-1 - B-8

BID FORM ................................................................................................................C-1 - C-4

BID BOND ................................................................................................................D-1 - D-2

INFORMATION REQUIRED OF BIDDERS ..........................................................E-1 - E-8

AGREEMENT ...........................................................................................................F-1 - F-8

FAITHFUL PERFORMANCE BOND .....................................................................G-1

LABOR AND MATERIAL BOND ..........................................................................H-1 - H-2

WORKERS’ COMPENSATION CERTIFICATE ....................................................I-1

GENERAL PROVISIONS ........................................................................................GP-1 - GP-6

SPECIAL PROVISIONS ...........................................................................................SP-1 - SP-19

CONSTRUCTION DRAWINGS ..............................................................................APPENDIX A

COMPLIANCE EXHIBIT ........................................................................................APPENDIX B

BID ITEM COMPONENT DETAILS ......................................................................APPENDIX C i

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NOTICE INVITING SEALED BIDS

HVAC, ENERGY (TITLE 24)/ WATER EFFICIENCY

NOTICE OF RE-BID:

This Invitation to Bid supersedes and replaces in its entirety the Invitation to Bid for this Project issued on July 16, 2026. Any bid previously submitted in response to the prior Invitation to Bid is void and will not be considered. Bidders who submitted a bid under the prior Invitation to Bid must submit a new bid in accordance with this Invitation to Bid, including all forms, certifications, and requirements set forth herein, by the deadline stated in the Critical Dates section below.

This Project is being re-bid following the District's rejection of all bids received in response to the prior Invitation to Bid, pursuant to the District's reserved right to reject any and all bids as stated herein.

PUBLIC NOTICE IS HEREBY GIVEN THAT:

The City of Fillmore is assisting the Fillmore Piru Veterans Memorial District (FPVMD) with the bidding phase of this FPVMD Project. Bids must be submitted electronically, up to the hour of 5:00 P.M. August 31, 2026, through the City of Fillmore’s PlanetBids bidding portal at:

https://vendors.planetbids.com/portal/53681/bo/bo-detail/147228

NOTE: CONTRACT APPROVAL AND START DATE WILL NOT BE GRANTED UNTIL

THE PROJECT IS GIVEN A NOTICE TO PROCEED BY THE STATE OF

CALIFORNIA.

The lowest responsive bidder will have three (3) business days from date notified by City staff to deliver original notarized bid documents to City Hall to be considered responsive to this Notice Inviting Bids for:

https://vendors.planetbids.com/portal/53681/bo/bo-detail/147228

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HVAC, ENERGY (TITLE 24)/ WATER EFFICIENCY

UPGRADES AND ACCESSIBILITY UPGRADE

CDBG FEDERAL/LOCAL PROJECTCDBG FEDERAL/LOCAL

All in accordance with the plans, specifications, and other contract documents on file with the Fillmore Piru Veterans Memorial District.

A Non-Mandatory Pre-Bid Meeting Conference will be held at Fillmore Piru Memorial District Building located at 511 2nd Street Fillmore, California 93015 at 10:00 A.M. on August 5, 2026, with a site visit to be held after the meeting. The Pre-Bid Meeting is “Non-Mandatory,” however is considered “Highly Recommended” as schedules, traffic control, access issues, utility coordination, and other vital items may be discussed at both the office and field meeting portions of the “Pre-Bid Meeting Conference.”

DESCRIPTION OF WORK: The work to be done consists of furnishing all materials, equipment, tools, labor, and incidentals as required in the Plans, Specifications and Contract documents for said project:

• Seismic retrofit, structural repairs, and upgrades (as needed).

• Installation of new VRF HVAC system.

• Interior Hazardous Material Abatement as necessary, to include but not be limited to Asbestos removal, Lead Based Paint removal or encapsulation, mold remediation, etc., per Ventura County Air Pollution Control District Standards.

• Fire Sprinkler rough-in, heads and connections.

• Energy (Title 24) and Water Efficiency Upgrades. Any upgrades to the electrical system must be designed to support future installation of emergency generators and/or energy storage (batteries).

• Window and door replacement as needed for energy efficiency and security.

• Update the exterior path of travel to main portions of the building to California

Accessibility standards and Americans with Disabilities Act (ADA).

• Remaining Lighting upgrades (interior and exterior).

• Update all restrooms and the building interior to current ADA standards, as necessary.

• Update the exterior path of travel to ADA standards, ADA parking, and signage to be included.

• Complete plans and details of upgrading work shall be designed and stamped signed by a licensed architect or engineer.

• The plan check and permit process with the City of Fillmore building department is required.

• Plan check and permit fees shall be paid for by the contractor.

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The FPVMD reserves the right to accept or reject any or all bids for any reason, to waive technicalities, and to make an award deemed in its best interest. FPVMD shall have the right to delete a unit item from the bid if necessary or proper in the sole determination of the

FPVMD.

The work will take place at 511 2nd Street, Fillmore, California 93015, and other related work as described in the Specifications and Contract Documents, by reference, made a part hereof. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

This project is funded by two grants from the U.S. Department of Housing and Urban Development (HUD): Community Development Block Grant (CDBG) and Community Development Block Grant - Mitigation and Resilient Infrastructure Project (CDBG-MIT RIP). The CDBG-MIT RIP grant is administered by the California Housing and Community Development Department (HCD).

Award of this contract is dependent upon the Fillmore Piru Veterans Memorial District receiving the Notice to Proceed from HUD and HCD.

This project is subject to certain Federal requirements. These include, but are not limited to, payment of Federal and State prevailing wages, compliance with Affirmative Action requirements, Section 3, and others. Section 3 regulations provide for training, employment, and business opportunities to lower income persons who reside in the project area. This contract is subject to preference for Section 3 Business Concerns. This preference is defined in the County of Ventura’s Section 3 Plan. To claim a preference, Bidder must sign and submit the Certification for Business Concerns Seeking Section 3 Preference in Contracting and Demonstration of Capability with the standard Bid forms together with documentation to verify that Bidder qualifies for the preference.

Notice to Bidders: This project is federally funded and is subject to the Build America, Buy America Act (BABA), pursuant to Public Law 117-58. All iron, steel, manufactured products, and construction materials (e.g., non-ferrous metals, plastic/polymer-based products, glass, fiber optic cable, lumber, and drywall) used in this project must be produced in the United States.

All iron, steel, manufactured products, and construction materials used in this project must be produced in the United States in accordance with the Build America, Buy America Act (Pub. L. No. 117-58, §§ 70901-52). The Contractor shall ensure that all manufacturing processes for these materials occur in the United States unless a formal waiver has been granted by the federal awarding agency.

The aforementioned requirements are described in detail in the Compliance Exhibit, Appendix B, of the bid documents and will be included in Contract Documents.

COMPLETION OF WORK: All work to be done under this contract shall be completed within ONE HUNDRED EIGHTY (180) consecutive working days, beginning on the date stipulated in the written "Notice to Proceed" to be issued by the Engineer.

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LIQUIDATED DAMAGES: Liquidated damages of $500 per working day will apply to this project. See Special Provisions for detailed information on liquidated damages.

OBTAINING CONTRACT DOCUMENTS: Plans, Specifications, and contract documents will be posted on PlanetBids. For information on the use of PlanetBids, please refer to the City’s website at: http://www.fillmoreca.com/business/request-for-proposal.

STATE LABOR STANDARDS & WAGE REQUIREMENTS: In entering into a public works contract, or a subcontract, to supply goods, services, or materials pursuant to a public works contract, the Contractor and all subcontractors agree to follow the State Labor standards. State Labor standards provisions, including prevailing wage requirements, will be enforced such that the general rate of per diem wages (prevailing wage) shall be paid for each craft, classification, or type of worker needed to execute the contract to all workers employed in the execution of the contract. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement) as further described in Article IX of the Agreement. The State General Prevailing Wage Determination is as established by the California Department of Industrial Relations (available at http://www.dir.ca.gov/DLSR/PWD/index.htm). The prevailing rate of per diem wages are on file at the City of Fillmore, Department of Public Works, 250 Central Avenue, Fillmore, California 93015, and are available to any interested party on request.

If there is a difference between the minimum wage rates predetermined by the Department of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate.

AWARD OF CONTRACT: Each contractor and subcontractor listed on the bid must be registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, subject to the limited exceptions set forth in Labor Code Section 1771.1(a) (regarding the submission of a bid as authorized by Business & Professions Code Section 7029.1 or Public Contract Code Section 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded).

FEDERAL REQUIREMENTS: Contractor shall comply with all of the requirements of the following documents included in Appendix “B” hereto and incorporated herein as if set forth in full:

• County Federal Labor Standards Policy and Procedures 2011

• Section 3 Guidance for Contractors

• County of Ventura Section 3 Plan

Contractor must also complete and return with their bid the following certifications included in Appendix “B” hereto and incorporated herein as if set forth in full:

• Contractors Certification on Federal Contract Requirements

• HUD Debarment and Suspension Certification http://www.fillmoreca.com/business/request-for-proposal http://www.dir.ca.gov/DLSR/PWD/index.htm https://advance.lexis.com/document/?pdmfid=1000516&crid=2d876df3-82c0-4971-980f-04c936b6efde&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A5CK9-2GK0-R03K-F2Y7-00000-00&pddocid=urn%3AcontentItem%3A5CK9-2GK0-R03K-F2Y7-00000-00&pdcontentcomponentid=4867&ecomp=8hyg&earg=sr0&prid=5937e7e5-a6ed-42a0-93a2-422744db43fb https://advance.lexis.com/document/?pdmfid=1000516&crid=2d876df3-82c0-4971-980f-04c936b6efde&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A5CK9-2GK0-R03K-F2Y7-00000-00&pddocid=urn%3AcontentItem%3A5CK9-2GK0-R03K-F2Y7-00000-00&pdcontentcomponentid=4867&ecomp=8hyg&earg=sr0&prid=5937e7e5-a6ed-42a0-93a2-422744db43fb

A-5

• False Claims Act Certification

• Non-Segregated Facilities Certification

• Byrd Anti‐Lobbying Amendment Certification

• Disclosure of Lobbying Activities Form LLL

• Section 3 Economic Opportunity Plan – Attachment A from County’s Section 3 Plan

• Section 3 Compliance Bidder’s Certification – Attachment D from County’s Section 3 Plan

• Section 3 Certification for Business Concerns - Attachment E from County’s Section 3

Plan

• (Optional) Certification for Seeking Section 3 Preference – Attachment C from County’s

Section 3 Plan; only required if contractor is seeking Section 3 preference; see Section 3 Plan for more information.

Applicants must have and maintain a valid Universal Entity Identifier (UEI) from www.sam.gov/. Registration for SAM is a multi-step process and can take four (4) weeks or longer to complete if data issues arise.

IMPORTANT NOTE: Contractors must have “Active” status in sam.gov prior to submitting a bid. The District will verify the contractor's status on SAM.gov prior to award.

SUBCONTRACTOR'S LIST: Bidder understands that if he or she fails to specify a subcontractor for any portion of the work to be performed under the contract, he or she shall be deemed to have agreed to perform such portion himself and that he or she shall not be permitted to sublet or subcontract that portion of the work except in cases of public emergency or necessity.

In compliance with the provisions of Section 4100 through 4107 of the Public Contract Code of the State of the California and any amendments thereto, the undersigned bidder has set forth on the form provided therefor, the name and location of the place of business of each subcontractor who will perform work or labor or render services to the prime contractor, in or about the construction of or improvements to be performed, under the contract documents to which the attached bid is responsive including special fabrication and installation, and the portion of the work which will be done by each subcontractor for each subcontract in excess of one-half of one percent (1/2%) of this total bid or, in the case of bids for the construction of street and highways, including bridges, in excess of one-half of one percent (1/2%) of this total bid $10,000.00, whichever is greater. Additionally, once a subcontractor has been listed in the bid, another subcontractor may not be substituted unless the appropriate statutory procedure is followed and the District consents to the substitution.

BID GUARANTY: Bids must be accompanied by cash, or by cashier's or certified check made payable to the District , or by a bid bond executed by an admitted surety insurer on the bond form provided herein, in the amount of ten percent (10%) of the amount of bid price, made payable to the Fillmore Piru Veterans Memorial District as a guarantee that the bidder, whose bid is accepted, will promptly execute the contract, secure payment of workers’ compensation insurance, and furnish a satisfactory faithful performance bond in the amount of one hundred percent (100%) of the total bid price and a payment bond (labor and material bond) in the amount of one hundred percent (100%) of the total bid price which complies with all of the requirements of Civil Code Section 9554.

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RETENTION: The District will deduct a five percent (5%) retention from all progress payments as specified in Section 9-3.2 of the Standard Specifications for Public Works Construction. The District, in accordance with Public Contract Code Sect. 22300, shall permit the substitution of securities for any moneys withheld by a public agency to ensure performance under a contract.

The District hereby incorporates herein all of the provisions set forth in Public Contract Code Sect.

22300.

CONTRACTOR'S LICENSE: At the time of “Award of the Contract,” the Prime Contractor must have a valid California State Contractor's License with a classification of “B” in accordance with provisions of Chapter 9, Division 111, Sections 7000 through 7145 of the Business and Professions Code of the State of California and the Prime Contractor shall warrant that it and all subcontractors are properly licensed, which includes each entity having a local business license.

DISTRICT'S RIGHTS RESERVED: The District reserves the right to reject any and all bids or to waive any irregularities or informalities in any bids or in the bidding, should it deem this necessary for the public good, and also the bid of a bidder who has been delinquent or unfaithful in any former contract with the District. No bidder may withdraw his or her bid for a period of sixty (60) days after the date from the opening thereof.

BID QUESTIONS: All bid questions shall be submitted through the PlanetBids portal for the benefit of all prospective bidders. Questions must be submitted by 5:00 P.M. FRIDAY, August 12, 2026. One response to all questions will be posted on PlanetBids on FRIDAY, August 17, 2026.

BID RESULTS: Bid results shall also be available electronically on PlanetBids after the bid submittal deadline.

CRITICAL DATES:

• PRE-BID CONFERENCE: 10:00 A.M. WEDNESDAY, August 5, 2026

• BID QUESTIONS DUE: 5:00 P.M. FRIDAY, AUGUST 12, 2026.

• RESPONSE TO BID QUESTIONS POSTED: FRIDAY, AUGUST 17, 2026.

• BIDS DUE 5:00 P.M. MONDAY, AUGUST 31, 2026

B-1

INSTRUCTIONS TO BIDDERS

NATURE OF ADDITIONAL SUBMITTAL REQUIREMENTS: This is a public works construction contract that will be awarded to the lowest responsive, responsible bidder in accordance with California Public Contract Code Section 20103.8 and the terms of this Invitation to Bid. It is not a qualifications-based Request for Proposals, and bids will not be scored, ranked, or evaluated on a comparative basis against one another based on qualifications or company profile.

The new Cover Letter, Company Profile and Qualifications, and SAM.gov submittal requirements will allow the District to determine, on a pass/fail basis, whether the apparent low bidder satisfies the responsibility and eligibility requirements to perform this contract, consistent with the District's existing rights, as stated in the Competency of Bidders and Evidence of Responsibility provisions of the Instructions to Bidders. The information will not be used to select a bidder based on comparative qualifications. Award will be made to the lowest bidder determined to be both responsive and responsible, provided the requirements of the Re-Bid Invitation to Bid are satisfied.

In determining whether the apparent low bidder is responsible, the District may consider information relevant to the bidder's trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform the public works contract.

BID FORM: All bids shall be submitted on the Bid Forms provided herein for the BUILDING

IMPROVEMENTS, SEISMIC RETROFIT, STRUCTURAL REPAIRS, AND UPGRADES

INCLUDING HVAC, ENERGY (TITLE 24)/ WATER EFFICIENCY UPGRADES AND

ACCESSIBILITY UPGRADE - CDBG FEDERAL/LOCAL PROJECT. All information requested therein must be clearly and legibly set forth in the manner and form indicated. The District will not consider any bid not meeting these requirements.

DELIVERY OF BIDS: The bids shall be delivered by the time and to the place stipulated in the "Notice Inviting Sealed Bids.” It is the bidder's sole responsibility to see that his or her bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened.

MODIFICATIONS AND ALTERNATIVE BIDS: Unauthorized conditions, limitations, or provisos attached to a bid will render it unresponsive and may cause its rejection. The complete bid forms shall be without alterations or erasures, unless each such correction is suitably authenticated by affixing in the margin immediately opposite the correction the surname or surnames of the person or persons signing the bid. Alternative bids will not be considered unless called for. No oral, telegraphic, or telephonic bid or modifications will be considered.

WITHDRAWAL OF BID: The bid may be withdrawn upon request by the bidder without prejudice to himself prior to, but not after the time fixed for opening of bids, provided that the request is in writing, has been executed by the bidder or his or her duly authorized representative, and is filed with the City Clerk. No bid may be withdrawn during the period of sixty (60) days after the opening of bids.

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BID GUARANTY: Each bid shall be accompanied by cash, or a cashier's or certified check, or by a bid bond in the amount of ten percent (10%) of the amount named in the bid. Said check or bond shall be made payable to the District and shall be given as a guarantee that the bidder, if awarded the work, will enter into a contract within fifteen (15) days after written notice of the award and will furnish the necessary bonds as hereinafter provided. In case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be forfeited to the District. No bidder's bond will be accepted unless it conforms substantially to the form furnished by the District, which is bound herein, and is properly filled out and executed.

COVER LETTER/SIGNATURE ON PROPOSAL: A cover letter, which shall be considered an integral part of the proposal, shall be signed by individual(s) who is/are authorized to bind bidders(s) contractually. The signature(s) must indicate the classification or position that the individual(s) holds. The cover letter shall designate a person or persons who may be contacted during the period of evaluation with questions or contract issues. Include name(s), title(s), address(es), telephone number(s), and email address(es).

COMPANY PROFILE AND QUALIFICATIONS: Bidders must provide a company profile.

Information provided shall include:

1. Correct legal name as registered with the California Secretary of State.

2. Company ownership. If incorporated, the state in which the company is incorporated and the date of incorporation.

3. Location of the company offices.

4. Location of the office servicing any California account(s). Include hours of operation of the customer service unit involved in supporting the proposed services.

5. Number of employees both locally and nationally.

6. Location(s) from which employees will be assigned.

7. Name, address, and telephone number of the Bidder’s point of contact for a contract resulting from this invitation to bid.

8. Company background/history establishing that Bidders is qualified to provide the services described in this invitation to bid.

9. Length of time Bidders has been providing services described in this invitation to bid.

Please provide a brief description of such services.

Bidders must include in their proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Bidders or in which the Bidders has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. District reserves the right to reject any proposal based upon Bidder’s prior history with District or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.

SAM.GOV REGISTRATION REQUIREMENT: Bidders must be actively registered and in good standing with the System for Award Management (SAM.gov) prior to proposal submission and must maintain active registration throughout the duration of any resulting contract.

Bidders shall include in their proposal proof of active registration, including their active Unique

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Entity Identifier (UEI), accompanied by a copy of their current SAM.gov Entity Record summary.

Proposals submitted by entities that are inactive, pending registration, or listed on the SAM.gov Exclusions list (debarred or suspended) will be deemed non-responsive and rejected without further evaluation.

Registration for SAM is a multi-step process and can take four (4) weeks or longer to complete if data issues arise.

IMPORTANT NOTE: Contractors must have “Active” status in sam.gov prior to entering into a contract. The District will verify the contractor's status on SAM.gov prior to award.

DISCREPANCIES IN BIDS: In case of discrepancy between numeric and handwritten amounts, the handwritten amount shall prevail. In case of discrepancy between the unit cost and the total set forth for that item, the unit cost shall prevail, provided however, if the amount set forth as a unit cost is ambiguous, unintelligible, or uncertain for any cause, or if is omitted, or in the case of unit basis items, is the same amount as the entry in the "Total Item Amount" column, then the amount set forth in the "Total Item Amount" column for the item shall prevail in accordance with the following:

(1) As to lump sum items, the amount set forth in the "Total Item Amount" column shall be the item price.

(2) As to unit basis items, the amount set forth in the "Total Item Amount" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit costs.

If the "Total Contract Amount" does not equal the sum of the item totals, then the Engineer, after resolving any discrepancy in the item price totals, shall sum the total column and the resultant amount shall be considered the "Total Contract Amount".

COMPETENCY OF BIDDERS: In selecting the lowest responsible bidder, consideration will be given not only to the financial standing but also to the general competency of the bidder for the performance of the work covered by the plans and specifications. To this end, each bid shall be supported by a statement of the bidder's experience on the form entitled "Information Required of Bidder" bound herein. No bid will be awarded to a Contractor who, at the time of the bid opening and “Award of the Contract,” is not licensed in accordance with the laws of the State of California under applicable provisions of the Business and Professions Code or from a Contractor who has failed to demonstrate the attributes of trustworthiness, quality, fitness, capacity and experience to satisfactorily perform the public works contract. The Contractor shall include the Contractor's license number, license classification, and license expiration date on the form furnished herein entitled "Information Required of Bidders.” The licensing requirements for Contractors shall apply also to Subcontractors. In addition, any contractor or subcontractor who is ineligible under California Labor Code Sections 1777.1 and 1777.7 is prohibited from working on this Project.

http://online.ceb.com/CalCodes/code.asp?code=LAB&section=1777.1 http://online.ceb.com/CalCodes/code.asp?code=LAB&section=1777.7

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SUBCONTRACTOR'S LIST: Bidder understands that if he or she fails to specify a subcontractor for any portion of the work to be performed under the contract, he or she shall be deemed to have agreed to perform such portion himself and that he or she shall not be permitted to sublet or subcontract that portion of the work except in cases of public emergency or necessity.

In compliance with the provisions of Section 4100 through 4107 of the Public Contract Code of the State of the California and any amendments thereto, the undersigned bidder has set forth on the form provided therefor, the name and location of the place of business of each subcontractor who will perform work or labor or render services to the prime contractor, in or about the construction of or improvements to be performed, under the contract documents to which the attached bid is responsive including special fabrication and installation,, and the portion of the work which will be done by each subcontractor for each subcontract in excess of one-half of one percent (1/2%) of this total bid or, in the case of bids for the construction of street and highways, including bridges, in excess of one-half of one percent (1/2%) of this total bid $10,000.00, whichever is greater. Additionally, once a subcontractor has been listed in the bid, another subcontractor may not be substituted unless the appropriate statutory procedure is followed and the District consents to the substitution.

BIDDER'S EXAMINATION OF SITE: Each bidder shall examine carefully the site of the proposed work and the contract documents herein. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered; as to the character, quality, and quantity of the materials to be furnished; and as to the requirements of the contract, specifications, and drawings. The name of the individual who examined the site of the work and the date of such examination shall be stated in the form entitled "Information Required of Bidder" in the space provided therefor.

EQUIVALENT MATERIALS: Approval of equipment and materials offered as equivalents to those specified must be obtained in writing from the District. Requests for consideration of equivalents must be submitted in writing allowing five (5) working days for complete consideration of all specifications, samples, references, tests, and other details to the full satisfaction of the District.

TAXES: No mention shall be made in the bid of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes that may be applicable.

DISQUALIFICATION OF BIDDERS: More than one bid from an individual, firm partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested in more than one bid for the work contemplated will cause the rejection of all bids in which such bidder is interested. If there is reason for believing that collusion exists among the bidders, all bids will be rejected and none of the participants in such collusion will be considered in future bids. Similarly, failure to comply with the registration requirements of Labor Code Section 1725.5, as further described in the Notice Inviting Bidders, will disqualify a Bidder.

RETURN OF BID GUARANTIES: Within ten (10) days after award of the contract, the District will return the bid guaranties made by check accompanying each of the bids except for the three

(3) lowest bidders. All other bid guaranties made by check will be held until the contract has been

B-5 finally executed. They will then be returned to the respective bidders whose bids they accompany.

Bid guaranties made by bond shall be void according to the bid bond language, page D-1.

AWARD OF CONTRACT: Bids will be compared on the basis of the lowest possible cost and the contract, if awarded, will be awarded to a responsible bidder whose bid complies with the requirements of these specifications. The award, if made, will be made within sixty (60) days after the opening of the bids, provided that the award may be made after said period if the successful bidder shall not have given the District written notice of the withdrawal of his or her bid.

EXECUTION OF CONTRACT: The bidder to whom award is made shall execute a written contract with the District on the form agreement provided, and shall secure all insurance and bonds as herein provided within fifteen (15) days from the date of written notice of the award. Failure or refusal to enter into a contract as herein provided, or to conform to any of the stipulated requirements in connection therewith shall be just cause for the annulment of the award and the forfeiture of the bid guaranty.

If the successful bidder refuses or fails to execute the contract, the District may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the contract, the District may award the contract to the third lowest responsible bidder. On the failure or refusal of such second or third lowest bidder to execute the contract, such bidder's guaranty shall be likewise forfeited to the District. The work may then be re-advertised.

INSURANCE AND BONDS: Certificates of insurance and the required bonds in the amounts required shall be furnished by the Contractor to the District and approved by the District prior to the commencement of work.

The Contractor shall maintain a policy of workers’ compensation insurance on a state approved policy form providing statutory benefits as required under the laws of the State of California for all labor employed by the Contractor, or by any Subcontractor under the Contractor, who may come within the protection of such workers’ compensation insurance laws. At the time of execution of the contract agreement, the Contractor must provide the District with proof of Contractor’s workers’ compensation insurance as indicated in these Instructions with employer’s liability limits in an amount not less than $1,000,000.

The Contractor shall maintain a policy of commercial general liability insurance to protect said Contractor and the District against loss from liability imposed by law, for damages on account of bodily injury, including death resulting therefrom suffered or alleged to have been suffered by any person or persons, other than employees, resulting directly or indirectly from the performance or execution of this contract or any subcontract thereunder, and also to protect said Contractor and the District against loss from liability imposed by law, for damage to any property, caused directly or indirectly by the performance and execution of this contract or of any subcontract thereunder.

Said general liability insurance shall be maintained by the Contractor in full force and effect during the entire period of performance under this contract in the amount of not less than $ 1,000,000 per occurrence and no less than $2,000,000 general aggregate. The District and the District’s officers, employees, and agents (“District Parties”) shall be named as an "Additional Insureds"

B-6 on Contractor’s general liability insurance policies. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits.

The Contractor shall also maintain a policy of comprehensive automobile liability insurance in an amount not less than $1,000,000 per accident, combined single limit. Said policy shall include coverage for owned, non-owned, leased and hired cars.

All of the above policies of insurance shall be primary insurance and not contributing with any other insurance available to the Fillmore Piru Veterans Memorial District, under any third-party liability. The general liability policy shall waive all rights of subrogation and contribution it may have against the District and the District's Parties and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall also provide that said insurance may not be cancelled without providing thirty (30) days prior written notice by registered mail to the District. In the event any of said policies of insurance are cancelled or amended, Contractor shall, prior to the cancellation or amendment date, submit new evidence of insurance in conformance with these requirements to the District.

Contractor must require all subcontractors to maintain the same policies of insurance that the Contractor is required to maintain pursuant to this Agreement. The Contractor shall not allow any subcontractor to commence work on this contract until all similar insurance and bonds required of the subcontractor have been obtained.

The Contractor shall secure with a responsible corporate surety or corporate sureties, satisfactory bonds conditioned upon faithful performance by the Contractor, of all requirements under the contract and upon the payment of claims of material supplier and laborers thereunder. The Faithful Performance Bond shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the bid. The Payment Bond (Labor and Material Bond) shall be in the sum of not less than one hundred percent (100%) of the estimated aggregate amount of the payments to be made under the contract computed on the basis of the prices stated in the bid.

The payment bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his or her power of attorney. The payment bond shall be unconditional and remain in force during the entire term of the contract agreement and shall be null and void only if the Contractor completely and faithfully pays all subcontractors and suppliers that have been approved in writing to perform in whole or part the services required herein.

SUFFICIENCY OF INSURER OR SURETY FOR PAYMENT BOND AND

PERFORMANCE BOND: All insurers are to be rated A or better according to the most recent Best Rating Guide or The Key Rating Guide, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the District due to unique circumstances. All sureties shall be admitted surety insurers authorized to do business in the State of California by the Insurance Commissioner. Should the District object to the sufficiency of the insurer or surety the Contractor shall immediately deliver to the District the following documents:

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(a) A copy of the “Certificate of Authority” of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California; or

(b) A certificate from the Clerk of the County of Ventura that the “Certificate of Authority” of the Insurer or Surety has not been surrendered, revoked, canceled, annulled, or suspended or, in the event the “Certificate of Authority” of the Insurer or Surety has been suspended, that renewed authority has been granted.

Failure of Contractor to timely deliver these documents shall require the District to refrain from entering the agreement, as Contractor will be deemed to have failed to ensure the sufficiency of the Insurer or Surety to the satisfaction of the District, as required by the provisions of the Bond and Undertaking Law, Code of Civil Procedure 995.660. Upon receipt of any bonds, District shall contact the bond company to verify the bond’s validity.

EVIDENCE OF RESPONSIBILITY: Upon the request of the District, a bidder whose bid is under consideration for the award of the contract shall submit promptly to the District satisfactory evidence showing the bidder's financial resources, his or her construction experience, and his or her organization and plant facilities available for the performance of the contract.

EMPLOYMENT OF APPRENTICES: Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the California Labor Code concerning employment of apprentices by the Contractor, or any Subcontractor under the Contractor. The Contractor, and any Subcontractor under the Contractor, shall comply with the requirements of said sections in the employment of apprentices;

however, the Contractor 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.

WAGE RATES: In entering into a public works contract, or a subcontract, to supply goods services, or materials pursuant to a public works contract, the Contractor, or subcontractor, offers and agrees to follow the State Labor standards. State Labor standards provisions, including prevailing wage requirements, will be enforced. The State General Prevailing Wage Determination is as established by the California Department of Industrial Relations (available at http://www.dir.ca.gov/DLSR/PWD/index.htm). The general rate of per diem wages (prevailing wage) shall be paid for each craft, classification, or type of worker needed to execute the contract to all workers employed in the execution of the contract. The prevailing rate of per diem wages are on file at the City of Fillmore, Department of Public Works, 250 Central Avenue, Fillmore, California 93015, and are available to any interested party on request.

SAFETY PERMIT: The Contractor, and not the District, shall be responsible for performing safety inspections for this project. Particular attention is called to Subsection 7-10.4.1 of the Standard Specifications for Public Works Construction, which requires orders issued by the California- Division of Occupational Health and Safety (Cal/OSHA). The Contractor, if needed, shall secure a permit for excavation and trenching from Cal/OSHA and shall file a copy of such permit with the Engineer prior to commencement of work.

http://www.dir.ca.gov/DLSR/PWD/index.htm

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OTHER PERMITS, FEES, AND LICENSES: The Contractor shall, prior to the start of construction, obtain a "Construction Permit" from the City of Fillmore. In addition, the Contractor, and ALL sub-contractors, shall possess a City business license at the time of application for the Construction Permit and for the duration of the contract. The amount of the business license fee may be obtained from the City’s Finance Department at (805) 524-1500 x100.

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BID FORM

FIRM NAME:

POINT OF CONTACT:

ADDRESS:

TELEPHONE NUMBER: _____________________________________

FAX NUMBER: _____________________________________

HVAC, ENERGY (TITLE 24)/ WATER EFFICIENCY

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BID FOR THE

HVAC, ENERGY (TITLE 24)/ WATER EFFICIENCY

UPGRADES AND ACCESSIBILITY UPGRADE CDBG

FEDERAL/LOCAL PROJECT

TO THE FILLMORE PIRU VETERANS MEMORIAL DISTRICT-

This Bid is submitted in accordance with the advertised “Notice Inviting Sealed Bids” to perform all work and improvements therein described, and to furnish all labor and materials, equipment, and incident insurance necessary therefor, in accordance with the specifications therefor known as

“BUILDING IMPROVEMENTS, SEISMIC RETROFIT, STRUCTURAL REPAIRS, AND

UPGRADES INCLUDING HVAC, ENERGY (TITLE 24)/ WATER EFFICIENCY

UPGRADES AND ACCESSIBILITY UPGRADE CDBG FEDERAL/LOCAL PROJECT”

which are on file in the office of the Engineer of the City of Fillmore.

Definition of Terms (for a complete definition of terms, see Standard Specifications for Public Works Construction, 2024 Edition):

CY ..........................................Cubic yard EA ..........................................Each LF ...........................................Linear foot LS ...........................................Lump sum SF ...........................................Square foot SY ..........................................Square yard TON .......................................Ton

The undersigned Bidder hereby proposes and agrees to enter into a contract to perform the work and improvements therein mentioned to the satisfaction of and under the supervision of the Engineer of the City of Fillmore, duly appointed for said work in the matter of the construction and installation of “BUILDING IMPROVEMENTS, SEISMIC RETROFIT, STRUCTURAL

REPAIRS, AND UPGRADES INCLUDING HVAC, ENERGY (TITLE 24)/ WATER

EFFICIENCY UPGRADES AND ACCESSIBILITY UPGRADE - CDBG

FEDERAL/LOCAL PROJECT” for the sum set forth in the following schedule:

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BID FOR THE

HVAC, ENERGY (TITLE 24)/ WATER EFFICIENCY

BID SCHEDULE

ITEM

NO. CODE DESCRIPTION ESTIMATED

QUANTITY UNIT

1 A10 Foundations 1 LS

2 B10 Superstructure 1 LS

3 B20 Exterior Enclosure 1 LS

4 D30 HVAC 1 LS

5 D40 Fire Protection 1 LS

6 D50 Electrical 1 LS

7 F20 Selective Demolition 1 LS

8 G10 Site Preparation 1 LS

9 G20 Sitework Improvement 1 LS

Notes:

1. The DISTRICT will award the Contract based on the bid of the lowest responsible bidder.

The lowest bid will be the lowest total of the bid prices on the Bid Schedule per PCC section 20103.8(b).

2. The bid prices must reflect the conditions required by all sections of the project specifications, must include all State, Federal, and other taxes applicable to the project, and must be a firm offer for a period of 60 days after the date of bid opening.

3. Acknowledge receipt of all Addenda. The cover sheet of each addendum issued is signed by the Contractor and attached herewith.

4. The undersigned, under penalty of perjury, acknowledges that they are authorized by the bidding Contractor to submit a bid for said Contractor.

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RESOLUTION OF CONSTRUCTION CLAIMS

(To Be Executed By Bidder and Submitted With Bid)

When a Public Works claim is made to the District, the District will conduct a reasonable review of the claim and, within 45 days, provide the claimant with a written statement identifying what portion of the claim is disputed and what portion is undisputed and both parties shall work to resolve the claim as by Public Contract Code 9204. (A copy of Section 9204 may be found in the Special Provisions, under “Resolution of Construction Claims”).

Additionally, in all Public Works claims, which may arise between the Contractor and the District which do not exceed the sum of three hundred seventy-five thousand dollars ($375,000), the requirements of California Public Contract Code, Section 20104 through 20104.6, inclusive, shall apply. (A copy of said Code Sections may be found in the Special Provisions, under “Resolution of Construction Claims of $375,000 or Less”.) Said Code Sections shall apply for the purpose of filing claims and civil actions for claims as defined in Section 20104 of the Public Contract Code.

The bidder’s signature is required to verify he/she has reviewed the Code Sections.

Bidder Name

Signature of Bidder

Dated

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BID BOND

(10% of the Bid Amount)

KNOW ALL MEN BY THESE PRESENTS that we _________________________________ as Principal, hereinafter referred to as “Contractor” and _________________________________ as Surety, are held and firmly bound unto the Filmore Piru Veterans Memorial District, hereinafter called the “District,” in the sum of _____________________________________________________________________ Dollars ($____________), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

The conditions of this obligation are such that whereas the Contractor submitted to the District a certain Bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for the BUILDING IMPROVEMENTS, SEISMIC RETROFIT, STRUCTURAL REPAIRS, AND

UPGRADES INCLUDING HVAC, ENERGY (TITLE 24)/ WATER EFFICIENCY UPGRADES

AND ACCESSIBILITY UPGRADE - CDBG FEDERAL/LOCAL PROJECT, and will furnish all required certificates of insurance and bonds as required by the Contract.

NOW, THEREFORE, if said Bid shall be rejected; or in the alternate, if said Bid is accepted, and the Contractor (i) executes and delivers a contract in the prescribed form of the Agreement, (ii) delivers certificates evidencing that the required insurance is in effect, (iii)_executes and delivers Performance and Payment Bonds in the forms prescribed, and (iv) in all other respects performs the agreement created by the acceptance of said Bid, then this obligation shall be void; otherwise this obligation shall remain in full force and effect, it being expressly understood and agreed that the liability of the Surety for any and all default of the Contractor hereunder shall be the amount of this obligation as herein stated. In the event suit is brought upon this bond by District and judgment is recovered, Surety shall pay all costs incurred by District in said suit, including a reasonable attorney's fee to be fixed by the court.

The Surety, for the value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall in no way be impaired or affected by an extension of the time within which the District may accept such a bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this ____ day of ______________________, 20__, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

ATTEST:

(Contractor)

(Address)

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(By)

(Title)

(Surety)

(Address)

(By)

(Title)

(To be filled in by Surety):

The rate of premium on this bond is $_________________ per thousand.

The total amount of premium charged is $_________________________

NOTARY PUBLIC ATTACH CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT

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INFORMATION REQUIRED OF BIDDERS

The bidder is required to supply the following information.

(Additional sheets may be attached if…