ITB Bid Response Package.pdf

BID RESPONSE PACKAGE

SUBMIT ALL DOCUMENTS IN THIS

PACKET WITH YOUR BID BY THE BID

DUE DATE

Section 1: Bid Response Pricing Form Template Section 2: Bidders Security Bond (Follow instructions on the Form) Section 3: Bidder’s Declarations Section 4: Workers’ Compensation Statement Section 5: Prevailing Wage Statement Section 6: Designation of Subcontractors

BID RESPONSE PACKAGE SECTION 1

BID RESPONSE PRICING FORM

BID RESPONSE PACKAGE

ITB-PRC-FYXX-[XXXX]

SECTION 1: BID RESPONSE PRICING FORM

Pricing for this Bid must be submitted as follows:

1. Step 1: Complete the “BID RESPONSE PRICING FORM” attached to the ITB in Biddingo, following the instructions in the template.

2. Step 2: Upload the completed BID RESPONSE PRICING FORM to Biddingo.

3. Step 3: Enter the ‘Total Bid Price’ from the BID RESPONSE PRICING FORM into Biddingo.

BID RESPONSE PACKAGE SECTION 2

BIDDER’S BOND

BID RESPONSE PACKAGE

ITB-PRC-FYXX-[XXXX]

SECTION 2: BIDDER’S SECURITY BOND

Instructions to Bidders: Complete this form in its entirety. Upload 1 copy to Biddingo and deliver original copy before the Bid Due Date to:

County of Santa Clara – Procurement Department Attn.: Procurement Officer Name MINOR PUBLIC WORKS Program ITB-PRC-FYXX-XXXX, Bid Title 130 W. Tasman Drive, First Floor San Jose, CA 95134

WHEREAS, we, ____________________________________________________________ as Principal, and as Surety, are held and firmly bound unto the County of Santa Clara, a political subdivision of the State of California (“County”) in the penal sum of TEN PERCENT (10%) of the total aggregate amount of the bid of the Principal above named, submitted by said Principal to County for the Work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

WHEREAS, the said Principal is submitting a bid to County for certain construction specifically described as follows, [SERVICES], ITB-PRC-FYXX-[XXXX]; bid is to be opened on [DATE], 3:00 p.m. has been submitted by Principal to the County:

THE CONDITION OF THIS OBLIGATION IS THAT if the aforesaid Principal shall not withdraw said bid within the period specified therein after the opening of the same or, if no period be specified, within sixty (60) days after said opening, and shall within the period specified therefore, or if no period be specified, within twenty (20) days after the prescribed forms are presented to Principal for signature, enter into a written Contract with County, in the prescribed form, in accordance with the bid as accepted, and file the two Bonds with County, one to guarantee faithful Performance and the other to guarantee Payment for labor and materials, as required by law, or in the event of the withdrawal of said bid within the period specified or the failure to enter into such Contract and give such Bonds within the time specified, if the Principal shall pay County the difference between the amount specified in said bid and the amount for which County may procure the required Work and/or supplies, if the latter amount be in excess of the former, together with all costs incurred by County in again calling for bids, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

Surety for value received, hereby stipulates and agrees that no change, extension of time, alterations, or addition to the terms of the Contract on the call for bids, or to the Work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation under this Bond, and it does, hereby, waive notice of any such change, extension of time, alteration, or addition to the terms of specifications.

BID RESPONSE PACKAGE SECTION 2

BIDDER’S BOND

BID RESPONSE PACKAGE

ITB-PRC-FYXX-[XXXX]

In the event suit or claim for payment is brought upon this Bond by the County of Santa Clara, and County prevails before an adjudicatory body, Surety shall pay all costs incurred by the County of Santa Clara in such suit or claim, including a reasonable attorney's fee to be fixed by the adjudicatory body in accordance with applicable statutory law.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ________ day of ________, 20______.

PRINCIPAL: SURETY:

Signature Signature

Name Name

Address Address

Original Acknowledgement by Attorney-in-Fact must be attached.

Corporate seals of Principal and Surety must be attached.

BID RESPONSE PACKAGE SECTION 3

BIDDER’S CERTIFICATIONS

BID RESPONSE PACKAGE

ITB-PRC-FYXX-[XXXX]

SECTION 3: BIDDER'S DECLARATIONS

1. THE NAMES OF ALL PERSONS INTERESTED IN THE FOREGOING BID AS PRINCIPALS ARE

AS FOLLOWS:

NOTE: If Bidder or other interested person is a corporation or limited liability company, give legal name of corporation, the state where incorporated or organized, and names of the president and secretary thereof; if a partnership, provide name of the firm, also names of all individual partners composing firm; if Bidder or other interested person is an individual, provide first and last names in full below:

2. LICENSED IN ACCORDANCE WITH CHAPTER 9, DIVISION 3, OF BUSINESS AND

PROFESSIONS CODE PROVIDING FOR THE REGISTRATION OF CONTRACTORS:

Contractor's License: No.: Class: Expiration Date: _______________

3. PUBLIC WORKS CONTRACTOR (“PWC”) REGISTRATIONS PURSUANT TO DIVISION

2, PART 7, CHAPTER 1 (COMMENCING WITH SECTION 1720) OF THE CALIFORNIA

LABOR CODE.

Public Works Contractor's Registration No.: Expiration Date: __________

NOTE: Bidders bidding jointly, or as a combination of several business organizations, are cautioned that such bidders must be jointly licensed in the same form and style in which the bid is executed. If making a bid as a joint venture, each person submitting the bid must provide the information required above with respect to his or her license.

4. NON-COLLUSION AFFIDAVIT

In accordance with Public Contract Code section 7106 _____ (Bidder’s Full Name) being first duly sworn, declares: I am _____ (Bidder’s Title) of (Company Name) the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration

BID RESPONSE PACKAGE

ITB-PRC-FYXX-[XXXX]

on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

5. PRIOR DISQUALIFICATIONS

Has the bidder, any officer of the bidder, or any employee of the bidder who may have a proprietary interest in the bid, ever been disqualified, removed, or otherwise prevented from bidding on or completing any federal, state, or local governmental project because of a violation of law or safety regulations:

YES ______ NO _______

If your answer is yes, explain the circumstances:

6. PRIOR JUDGMENTS, DECISIONS OR ORDERS AGAINST BIDDER (LABOR LAWS)

Has any court, investigatory government agency, arbiter, or arbitration panel issued a Final Judgment in the 5 (five) years prior to the Bid Due Date in which it was determined that the Bidder in the bid violated an applicable wage and hour law or pay equity laws? For purposes of this section, a “Final Judgment” shall mean a judgment, decision, determination, or order (a) which is issued by a court of law, an investigatory government agency authorized by law to enforce an applicable Law, an arbiter, or arbitration panel, and (b) for which all appeals have been exhausted or the time period to appeal has expired. For pay equity Laws, relevant investigatory government agencies include the federal Equal Employment Opportunity Commission, the California Division of Labor Standards Enforcement, and the California Department of Fair Employment and Housing. Violation of a pay equity Law shall mean unlawful discrimination in compensation on the basis of an individual’s sex, gender, gender identity, gender expression, sexual orientation, race, color, ethnicity, or national origin under Title VII of the Civil Rights Act of 1964 as amended, the Equal Pay Act of 1963, California Fair Employment and Housing Act, or California Labor Code section 1197.5, as applicable. For wage and hour Laws, relevant investigatory government agencies include the federal Department of Labor, the California Division of Labor Standards Enforcement, and the City of San Jose’s Office of Equality Assurance.

YES ______ NO _______

If your answer is yes, explain the circumstances:

BID RESPONSE PACKAGE

ITB-PRC-FYXX-[XXXX]

If the answer to Question 6 is “Yes”, describe how Bidder has satisfied and complied with any such final judgments and/or is currently reaching an agreement with the court, investigatory government agency, arbiter, or arbitration panel issuing the Final Judgment regarding the manner in which it will satisfy and comply with such final judgments.

7. CONTRACTING PRINCIPLES DECLARATION OF CONTRACTOR/BIDDER

If successful, the bidder will, during the Contract Time:

A. Comply with all applicable federal, state, and local rules, regulations and laws;

B. Maintain financial records adequate to show that the County funds paid pursuant to the Contract were used for purposes consistent with the terms of the Contract.

8. DECLARATION OF COMPLIANCE WITH THE LEVINE ACT

Proposer certifies that it will comply, and will ensure that its agents (as that term is defined under California Government Code section 84308(h)) and its subcontractors identified in this proposal and/or later identified in an agreement with the County (“Subcontractors”) comply, with government Code section 84308 (“Levine Act”), which (1) requires a party to a proceeding involving certain contracts to disclose on the record of the proceeding any contribution, as defined by Government Code section 84308(a)(6), of more than $500 that the party or their agent has made to any member of the County Board of Supervisors or any Other Elected County Officer, within the prior 12 months, and (2) prohibits a party to a covered proceeding from making a contribution, as defined by Government Code section 84308(a)(6), of more than $500 to any Elected County Officer during the proceeding and for 12 months following the final decision in the proceeding. Proposer agrees to submit any disclosures required to be made under the Levine Act at https://www.sccgov.org/levineact. If the contract awarded under this solicitation is of the type subject to the Levine Act and is to be considered or voted upon by the County’s Board of Supervisors, the Proposer shall complete the Levine Act Contractor Form: Identification of Subcontractors and Agents, and if applicable, shall ensure that any Subcontractor completes the Levine Act Subcontractor Form: Identification of Agents, and the Proposer must ensure that all forms are submitted to the County prior to execution of the contract.

The undersigned declares that he or she is an official/agent of responding firm or individual and is empowered to represent, bind, and execute contracts on behalf of the firm or individual. The undersigned declares under penalty of perjury, under the laws of the State of California, that all statements in this Submittal Form and response are true and correct, with full knowledge that all statements are subject to investigation and that any incomplete, unclear, false or dishonest response may be grounds for denial or revocation of the accompanying bid or proposal and may

BID RESPONSE PACKAGE

ITB-PRC-FYXX-[XXXX]

result in being barred from doing business with the County of Santa Clara as well as additional legal consequences.

SIGNATURE BLOCK (Signature Block must be completed in ink & changes must be initialed.)

Bidder's Signature: _________________________________________Date: ___________

Bidder's Name & Title (Print): ________________________________________________

Executed at:

City: _________________________________, State: ______________________________

BID RESPONSE PACKAGE SECTION 4

WORKERS’ COMPENSATION

BID RESPONSE PACKAGE

ITB-PRC-FYXX-[XXXX]

SECTION 4: WORKERS’ COMPENSATION STATEMENT

Labor Code section 3700 states in part:

Every employer except the state shall secure the payment of compensation in one or more of the following ways:

A. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state.

B. By securing from the Director of Industrial Relations a certificate of consent to self-insure either as an individual employer, or as one employer in a group of employers, 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 his or her 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 provisions before commencing the performance of the Work of this Contract.

NOTE: Labor Code section 1861 requires that this Contractor certification must be signed and filed by the Contractor with the public agency prior to performing any Work.

SIGNATURE BLOCK (Signature Block must be completed in ink & changes must be initialed.)

Bidder's Signature: _________________________________________Date: ___________

Bidder's Name & Title (Print): ________________________________________________

BID RESPONSE PACKAGE SECTION 5

PREVAILING WAGE STATEMENT

BID RESPONSE PACKAGE

ITB-PRC-FYXX-[XXXX]

SECTION 5: PREVAILING WAGE STATEMENT

If awarded the contract, we and our subcontractors shall pay all the workers we assign to the project not less than prevailing wages under Labor Code section 1770 et seq. We are aware that the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages, and the rates for overtime and holiday work in the locality in which the work is to be performed for each craft, classification or type of worker needed to perform the Work under the contract which will be awarded to the successful bidder. In addition, we are informed of the following:

Copies of the prevailing wage rates are on file at:

Clerk of the Board of Supervisors County of Santa Clara Administration Building 70 West Hedding Street, East Wing, 10th Floor San Jose, CA 95110

(408) 299-5001 and State of California Department of Industrial Relations Office of the Director – Research Unit P.O. Box 420603 San Francisco, CA 94142

(415) 703-4774 https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations (“DIR”) pursuant to Labor Code section 1725.5. All subcontractors listed in the bid proposal must be registered with the DIR.

No contractor or subcontractor may perform work on the project without being registered with the DIR. The successful bidder shall be required to post the prevailing wage determinations at each job site.

Each contractor and subcontractor shall keep accurate payroll records showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by him or her in connection the public work.

Certified copies of such payroll records must be furnished to the state or the County upon request.

By signing below, the bidder certifies that he shall comply with the prevailing wage laws.

SIGNATURE BLOCK (Signature Block must be completed in ink & changes must be initialed.)

BID RESPONSE PACKAGE SECTION 6

DESIGNATION OF SUBCONTRACTORS

BID RESPONSE PACKAGE

ITB-PRC-FYXX-[XXXX]

SECTION 6: DESIGNATION OF SUBCONTRACTORS

[Remove page if not applicable] This Designation of Subcontractors form shall be completed in compliance with the State of California Subletting and Subcontracting Fair Practices Act, Public Contract Code Sections 4100 et seq., and any amendment thereof, except that bidders shall list all subcontractors to perform work under the Contract, regardless of the amount of work to be performed. Bidders may not list multiple subcontractors for the same Scope of Work. Any subcontractor substitution must be in accordance with the Subletting and Subcontracting Fair Practices Act. A subcontractor is one who: (1) performs work or labor; or (2) provides a service to the bidder; or (3) specially fabricates and installs a portion of the Work according to the Plans and Specifications.

SUBCONTRACTORS

BUSINESS NAME

PUBLIC WORKS

CONTRACTOR

REGISTRATION

No.

LICENSE

No. ADDRESS OF

BUSINESS

SCOPE OF

WORK

SIGNATURE BLOCK (Signature Block must be completed in ink & changes must be initialed.)