1-HVAC Systems IFB 25 26.pdf

INVITATION FOR BIDS

FOR

HVAC SYSTEMS (IFB 25/26-26)

DATE ISSUED: APRIL 14, 2026

Submit Bids to:

Lisa Rodriguez, Buyer

Procurement & Contracts Division Alameda County Water District

43885 S. Grimmer Blvd.

Fremont, CA 94538 Tel.: (510) 668-4292

TABLE OF CONTENTS

SECTION 1: INVITATION

SECTION 2: INFORMATION / INSTRUCTIONS TO BIDDERS

2.1 DEFINITIONS

2.2 BACKGROUND

2.3 EXAMINATION OF BID DOCUMENTS

2.4 SOLICITATION TIMELINE

2.5 PRE BID MEETING & SITE VISIT

2.6 BIDDER QUESTIONS

2.7 POINT OF CONTACT

2.8 ADDENDA TO THE SOLICITATION

2.9 BIDDER QUALIFICATIONS

2.10 PREPARATION AND SUBMISSION OF BIDS

2.11 SUBMITTALS

2.12 PRICING

2.13 GROUNDS FOR REJECTION

2.14 PERIOD FOR ACCEPTANCE OF BIDS

2.15 MODIFICATION, WITHDRAWAL, MISTAKES, AND MINOR INFORMALITIES

2.16 RESERVATIONS

2.17 MULTIPLE BIDS

2.18 TIE BIDS

2.19 NO WAIVER

2.20 SUBSTITUTIONS

2.21 AWARD OF CONTRACT

2.22 EXECUTION AND ACCEPTANCE OF THE CONTRACT

2.23 PUBLIC RECORDS

2.24 PREVAILING WAGES

2.25 FOB POINT

SECTION 3: SCOPE OF WORK / SERVICES AND SPECIAL PROVISIONS

3.1 GENERAL DESCRIPTION

3.2 FACILITY 1 - BLENDING FACILITY

3.3 FACILITY 2 - DESALINATION FACILITY

3.4 WARRANTY

3.5 DOCUMENTATION

3.6 DISTRICT RESPONSIBILITIES

SECTION 4: GENERAL TERMS AND CONDITIONS

4.1 CONTRACT DOCUMENTS

4.2 DISTRICT HOLIDAYS

4.3 STATUS OF CONTRACTOR, LICENSES AND PERMITS

4.4 WORK AREAS AND ACCESS

4.5 SITE CONDITIONS

4.6 ACCIDENT PREVENTION / SAFETY

4.7 SUBCONTRACTING OR ASSIGNMENT

4.8 PATENTED DEVICES, MATERIALS AND PROCESSES

4.9 CHANGE ORDERS / AMENDMENTS

4.10 MATERIAL AND WORKMANSHIP

4.11 FAILURE TO PERFORM

4.12 TERMINATION OF CONTRACT

4.13 GOVERNING LAW

4.14 COMPLIANCE WITH LAWS

4.15 FORCE MAJEURE

4.16 INSURANCE

4.17 CONTRACTOR’S LIABILITY

4.18 CONTRACTOR’S INTELLECTUAL PROPERTY LIABILITY

4.19 ENVIRONMENTAL COMPLIANCE

4.20 NON-COLLUSION CERTIFICATION

4.21 DISTRICT’S WAIVER OF CONDITIONS

4.22 SEVERANCE

4.23 ATTORNEYS' FEES

4.24 RIGHTS AND REMEDIES OF THE DISTRICT

SECTION 5: APPENDICES A, B,

SECTION 1: INVITATION

The Alameda County Water District (District) is requesting bids from licensed and qualified contractors, as specified in this Invitation for Bid (IFB), for the provision and installation of HVAC systems within its service areas of Fremont, CA and Newark, CA (Services).

SECTION 2: INFORMATION / INSTRUCTIONS TO BIDDERS

2.1 DEFINITIONS

Whenever the following words occur in this Contract, they shall have the following meanings:

BIDDER means any potential Contractor who responds to this Invitation for Bids.

COMPETITIVE SEALED BIDDING is a transparent procurement method in which Bids from competing contractors, suppliers, or vendors are invited by openly advertising the scope, specifications, and terms and conditions of the proposed Contract. Award is typically made to the lowest responsive and responsible Bidder.

CONTRACT ADMINISTRATOR shall mean the District employee under whom the Contract will be performed, directed, inspected and supervised. Any reference to the Contract Administrator in the Contract shall mean the Contract Administrator or designated representative.

CONTRACTOR or CONSULTANT means any person having a Contract with ACWD.

DISTRICT or ACWD shall mean the Alameda County Water District.

INVITATION, INVITATION FOR BIDS, or IFB means all documents, whether attached or incorporated by reference, utilized for soliciting sealed competitive Bids, also referred to as Solicitation.

PURCHASING OFFICER mean the ACWD employee duly authorized to enter into and administer contracts and make written determinations with respect thereto.

RESPONSIBLE BIDDER means a Contractor who has the capability in all respects to perform fully the requirements stated in the Invitation for Bids and who has the integrity and reliability that will assure good faith performance.

RESPONSIVE BIDDER means a Contractor who has submitted a Bid that fully conforms to the requirement of the Invitation for Bids.

WORK means the requested services, supplies or equipment.

2.2 BACKGROUND

The District is a California Special District located in the San Francisco Bay Area. The District supplies water to the cities of Fremont, Newark, and Union City in southern Alameda

County. The first water district formed in California under the County Water District Act of 1913, the District today has a staff of approximately 230 employees and supplies drinking water to more than 357,000 people. The District covers approximately 100 square miles and provides water service through over 83,000 connections. With diverse water sources that include the State Water Project, water imported from the City and County of San Francisco Water

Department, and local groundwater, the District has consistently been able to accomplish its mission of providing a reliable supply of high quality water at a reasonable price to its customers.

2.3 EXAMINATION OF BID DOCUMENTS

• The Work described herein shall be in accordance with ACWD’s Specifications, current Terms and Conditions, Special Provisions contained or referenced in this Solicitation.

• Before submitting a Bid, each Bidder must (a) examine the Bid Documents thoroughly and (b) familiarize itself with any applicable Federal, State and local laws, ordinances, rules and regulations, and specifications affecting performance of the Work in this IFB.

• The submission of a signed Bid will certify that the Bidder has read, understands and can comply with every requirement of this IFB, including its terms and conditions, under which this IFB will be awarded, administered, and performed.

2.4 SOLICITATION TIMELINE

The following is the anticipated Solicitation timeline. The District reserves the right to extend any deadline in the timeline below by issuance of an addendum.

Activity Date

Bid Issued: April 14, 2026

MANDATORY Pre-Bid Meeting & Site Visit: April 27, 2026 @ 10:00 a.m.

Questions From Bidders Due: May 1, 2026

District’s Responses to Questions (Addendum): May 11, 2026

Bid Due Date: May 20, 2026 by 10:00 a.m.

Anticipated Award: June 2026

2.5 PRE BID MEETING & SITE VISIT

The District will hold a MANDATORY Pre-Bid Meeting. Bidders will meet at the District’s Blending Facility located at, 1111 Mowry Ave., Fremont, CA 94537. At the time and date specified in Section 2.4 The meeting shall consist of a review of the solicitation process, required services and submittals. Bidders MUST attend the entire meeting from beginning to end in order to be considered responsive. Bidders shall be required to sign a Non- Disclosure Agreement prior to receiving any District facility drawings. Please RSVP to Lisa Rodriguez, Buyer at lisa.rodriguez@acwd.com.

2.6 BIDDER QUESTIONS

All prospective Bidders must carefully examine the Solicitation documents, including terms and conditions. In the event of doubt of anything contained in this IFB, all questions or requests for clarification about the meaning or intent, discrepancies or omissions of the bid documents shall be submitted in writing no later than date specified in Section 2.4 via the District’s E-Procurement system website at https://acwd.bonfirehub.com (Euna Procurement).

Responses to questions and requests for clarification will be posted to the District’s E- Procurement system website via https://acwd.bonfirehub.com (Euna Procurement) no later than date specified in Section 2.4.

Only questions answered in a formal written response will be binding. Oral and other interpretations or clarifications will be without legal effect. Any information given to a prospective Bidder by the District will be furnished to all prospective Bidders, if that information is necessary in submitting Bids, or if the lack of such information would be prejudicial to other prospective Bidders.

Bidders are responsible for checking the District’s website for any addenda. The District makes no guarantee that any questions submitted after the deadline will be answered.

2.7 POINT OF CONTACT

The Point of Contact for this solicitation is Lisa Rodriguez lisa.rodriguez@acwd.com

Bidders are not permitted to contact District employees, other than the Point of Contact identified above regarding this IFB.

2.8 ADDENDA TO THE SOLICITATION

Each Bidder shall acknowledge receipt of any addendum to this Solicitation by acceptance of the addendum on the District’s e-procurement system. Failure to acknowledge the addenda prior to the time and place specified for receipt of Bids may render the Bid non-responsive.

2.9 BIDDER QUALIFICATIONS

• Performance and Experience

Bidder shall be responsible and have the capability to properly furnish the Services and shall have the necessary expertise, personnel, equipment, and sufficient capital to provide the Work.

• Licenses

Bidders shall possess either a B license or the C licenses, as identified below:

mailto:lisa.rodriguez@acwd.com https://acwd.bonfirehub.com/portal/?tab=openOpportunities https://acwd.bonfirehub.com/portal/?tab=openOpportunities mailto:lisa.rodriguez@acwd.com o Class B – General Building

OR

o C-20 – Warm-Air Heating, Ventilating and Air Conditioning o C-36 – Plumbing Contractor o C-2 – Insulation and Acoustical Work

General Contractor shall list and submit all licenses of its subcontractors

• California Air Resources Board In-Use Off-Road Diesel-Fuel Fleet Rules Certification

• Valid California Department of Industrial Relations (DIR) Public Works Contractor

Registration Number

• Minimum Experience

Bidders shall have a minimum of five (5) years of experience supplying, removing, and installing units of comparable size and functionality.

• References

Bidder shall be required to provide three (3) customer references (government or private industry for contracts of similar scope and size completed within the last three

(3) years. These customers may be contacted by the District. Responses will be considered by the District in assessing Bidder responsibility. Customer contact information must be submitted via the District’s E-Procurement System (Euna Procurement) website at https://acwd.bonfirehub.com (Euna Procurement). Any bid submissions not submitted to the address listed shall not be considered.

2.10 PREPARATION AND SUBMISSION OF BIDS

• Bid Forms

Each Bidder shall submit a Bid using the forms provided by the District, located in Appendix A. All forms must be completed in full and all blank spaces shall be properly filled in. Each Bidder shall state a fully burdened cost for the stated service or commodity listed in the IFB.

Bidders shall comply with instructions in the Bid. The Bid must include Bidder name, contact name, address, email address and telephone information.

If changes and erasures are made, such changes and erasures shall be clear and legible, and shall be initialed by the person authorized to sign the Bid forms. For the Bid to be responsive there must be no question about what the Bidder intended.

Unless specifically called for in the IFB, alternate Bids will not be considered and the Bid shall be deemed non-responsive.

https://acwd.bonfirehub.com/

Completed Bid forms and required attachments shall be submitted in via https://acwd.bonfirehub.com (Euna Procurement). Any bid submissions not submitted to the address listed shall not be considered.

Each bid must be received with guaranty, if applicable, prior to the time set for the receipt of Bids.

No other method of submission, other than those specified herein, shall be considered.

Unauthorized conditions, limitations or provisions attached to a bid will render the bid non-responsive.

• Location & Timely Delivery

The Bidder shall assume full responsibility for timely delivery via https://acwd.bonfirehub.com (Euna Procurement) for receipt of Bids.

Upon receipt by the Procurement & Contracts Division, each Bid shall be stamped with the time and date received via the District’s E-Procurement System.

Any Bid received after the exact time for receipt as specified in Section 2.4 will not be considered for award. However, an exception may be made when a late Bid would have been timely but for the action or inaction of District personnel.

• Opening of Bids

Bids will be received until the date and time as specified in Section 2.4. Bids shall not be opened until said day and time.

Bids will not be publicly opened. Bid results will be posted via https://acwd.bonfirehub.com (Euna Procurement).

2.11 SUBMITTALS

Each Bidder shall, at the time of bid submittal, upload current copies of the following items to the District’s eProcurement System (Euna Procurement):

• Contractor License(s):

o Class B – General Building license

OR

o C-20 – Warm-Air Heating, Ventilating and Air Conditioning license o C-36 – Plumbing Contractor o C-2 – Insulation and Acoustical Work license

• Subcontractor list and copies of subcontractor’s current licenses

• California Air Resources Board In-Use Off-Road Diesel-Fuel Fleet Rules

Certification

• Current California DIR Registration Number, as evidenced by submitting a copy of the DIR Contractor search website, clearly identifying your firm and validity date, https://acwd.bonfirehub.com/ located:

https://services.dir.ca.gov/gsp?id=dir_contractors&table=x_cdoi2_csm_portal_custo mer_account_lookup&view=public&sysparm_fixed_query=type%3D2&filter=type %3D2

• Bidder Qualifications Form

• References Form

• Bid Table with pricing

• Specification/Cut Sheets for items being quoted

2.12 PRICING

Prices should be stated in the specified units. If there is a discrepancy between the unit price and total or extended price, the unit price shall prevail. Where there is a conflict between words and figures, words will govern.

2.13 GROUNDS FOR REJECTION

Any false, incomplete or otherwise unresponsive statements in or in connection with a bid or any documentation or other information supplied to the District by a Bidder shall be cause for rejection by the District of the bid or disqualification of the Bidder at the District’s sole discretion. Any judgment as to the significance of any falsity, incompleteness or unresponsiveness shall be made at the discretion of the District, and its judgment shall be final.

2.14 PERIOD FOR ACCEPTANCE OF BIDS

In order to allow for adequate evaluation, the District requires a response to this Solicitation to be valid and irrevocable for 120 calendar days after submittal date and time.

No Bidder may withdraw a Bid within 120 days after the Bid opening date. Errors in judgment and/or carelessness on the part of the Bidder in preparing the Bid confer no right for the withdrawal of the Bid after it has been opened. Should there be valid reasons why the Contract cannot be awarded within the specific period the time may be extended by mutual agreement between the District and the Bidder.

2.15 MODIFICATION, WITHDRAWAL, MISTAKES, AND MINOR INFORMALITIES

• Bids may be withdrawn prior to the Bid due date, via the District’s e-procurement system at https://acwd.bonfirehub.com (Euna Procurement)

• Bidder may modify a bid by withdrawing its original bid and submitting a replacement bid, via https://acwd.bonfirehub.com (Euna Procurement) provided that the Bidder’s withdrawal and replacement bid occurs prior to the IFB closing date time.

• A replacement bid must be executed, and submitted in a form and manner that complies with the requirements set forth in this IFB.

https://services.dir.ca.gov/gsp?id=dir_contractors&table=x_cdoi2_csm_portal_customer_account_lookup&view=public&sysparm_fixed_query=type%3D2&filter=type%3D2 https://services.dir.ca.gov/gsp?id=dir_contractors&table=x_cdoi2_csm_portal_customer_account_lookup&view=public&sysparm_fixed_query=type%3D2&filter=type%3D2 https://services.dir.ca.gov/gsp?id=dir_contractors&table=x_cdoi2_csm_portal_customer_account_lookup&view=public&sysparm_fixed_query=type%3D2&filter=type%3D2

• No withdrawal request or replacement bid will be allowed after the IFB closing time.

• After the bid closing time, Bidder’s may not withdrawal their bid for a period of One Hundred and Twenty (120) days.

• At no time may the successful Bidder withdraw their bid.

2.16 RESERVATIONS

The District reserves the right to do any of the following at any time:

• Reject any or all Bids;

• Waive or correct any minor or inadvertent defect, irregularity, informality, or technical error and any Bid or procedure as part of the IFB;

• Require Bidder to submit breakdown of cost or pricing data provided in Bid;

• Make multiple awards from this solicitation;

• Accept Bid for any item or group of items unless the Bidder specifies otherwise in the Bid or gives notice of an all or nothing award;

• Terminate this IFB or any portion of the IFB process and issue a new IFB any time thereafter;

• Extend any or all deadlines in the IFB, including the deadline for accepting bids;

• Disqualify any Bidder on the basis of any real or apparent conflict of interest or evidence of collusion that is disclosed by the bid or other data available to the District. Such disqualification is at the sole discretion of the District and its decision shall be final;

• Reject the bid of any Bidder that is in breach of or in default under any other agreement with the District;

• Reject any bid deemed by the District to be non-responsive and/or conditional;

• Make such investigations as deemed necessary to determine if a Bidder is capable of meeting contract requirements. The determination of the District as to the Bidder’s ability to perform is at the sole discretion of the District and its decision shall be final;

• Determine whether a bid meets, exceeds or does not meet District’s specification.

2.17 MULTIPLE BIDS

A Bidder may submit only one Bid via https://acwd.bonfirehub.com (Euna Procurement).

More than one Bid from an individual, firm or partnership, corporation or association under the same or different names will not be considered on any given Bid, and may be considered grounds for rejection and disqualification of the Bids involved.

2.18 TIE BIDS

A tie bid exists when two or more responsive and responsible Bidders submit bids with an identical price. Award will be determined by a toss of a coin performed by the Purchasing Officer in the presence of the two tie bidders.

2.19 NO WAIVER

The District’s failure to address errors or omissions in a bid or acceptance of a bid shall not constitute a waiver of any requirement of the IFB by the District.

2.20 SUBSTITUTIONS

Whenever a material, article or method is specified or described by using the name of a proprietary product or the name of a particular manufacturer or vendor, followed by the phrase "or equal", the specific item mentioned shall be understood as establishing the type, function, dimension, appearance and quality desired and is to be the basis upon which Bids are to be prepared. Other manufacturers’ materials, articles or methods not named will be considered provided the substitution will not require revisions of the Bid Documents.

2.21 AWARD OF CONTRACT

The District shall award a Contract to the lowest, responsive and responsible Bidder who submits the Bid in conformance with the IFB.

The District will make a determination of whether the minimum qualifications, as described in Bidder’s Qualifications herein, have been met.

The Contract will be awarded by the District, by written acceptance within 120 days after the day of the Bid Opening or within the time for acceptance specified in the Invitation for Bids, or in any extension thereof agreed to by the parties.

2.22 EXECUTION AND ACCEPTANCE OF THE CONTRACT

The Bid as submitted shall serve as the final Contract acceptance document of a Bidder. The District will advise the selected Bidder by issuing an Intent to Award letter, as well as request any additional documentation as required by the Contract Documents.

Failure by the Bidder to execute the Contract and submit other documents as required by the IFB and file acceptable insurance and bonds within five (5) business days of receiving the Intent to Award letter shall be just cause for canceling the Award. Award may then be made to the next lowest, responsive and responsible Bidder or the Work may be re-solicited, at the sole discretion of the District.

A notice to proceed (NTP) will be issued after (1) a Contract has been executed by both the District and the successful Bidder and (2) receipt and acceptance by the District of a Bidder’s insurance, bonds, if applicable and any other required documents.

2.23 PUBLIC RECORDS

The California Public Records Act (commencing at California Government Code Section 7920 et seq.) mandates public access to government records. Therefore, unless the information is exempt from disclosure by law, the content of any request for explanation, exception, substitution, response to these specifications, protest, or any other written communication between the District and the Bidder shall be available to the public.

If the Bidder believes any communication contains trade secrets or other proprietary information that the Bidder believes would cause substantial injury to the Bidder’s competitive position if disclosed, the Bidder shall request that the District withhold from disclosure the proprietary information by marking each page containing such proprietary information as confidential. The Bidder may not designate its entire bid as confidential.

Additionally, the Bidder may not designate the Bid Forms or cost as confidential.

If the Bidder requests that the District withhold from disclosure information identified as confidential and the District complies with the Bidder’s request, the Bidder shall assume all responsibility for any challenges resulting from the non-disclosure, indemnify and hold harmless the District from and against all damages (including but not limited to attorneys’ fees that may be awarded to the party requesting the Bidder information), and pay any and all costs and expenses related to withholding Bidder information. The Bidder shall not make a claim, sue, or maintain any legal action against the District or its directors, officers, employees or agents in connection with the withholding from disclosure of Bidder information.

If the Bidder does not request that the District withhold from disclosure information identified as confidential, the District shall have no obligation to withhold the information from disclosure and may release the information sought without liability to the District.

2.24 PREVAILING WAGES

Contracts exceeding $1000 with the District are considered “Public Works” when they include services for construction, alteration, demolition, repair work and maintenance services.

If the project falls within the classifications of “Public Works” The project will require payments of not less than the general prevailing rates for per diem wages, overtime work, legal holidays, other employee payments, and travel & subsistence if applicable, in the locality in which the work is to be performed for each craft, classification, or type of worker needed as required in the California Labor Code. Such rates of wages are on file with the Department of Industrial Relations and in the office of the District and are available to any interested party upon request.

Contractors shall promptly notify the District in writing, about any classifications of labor not listed in the prevailing wage determination but necessary for the performance of the work.

Contractors will post a copy of the determination of prevailing rates at the job site/s.

If the contract totals $30,000 or more and requires 20 or more working days, the prime contractor will comply with and be responsible for compliance with all applicable provisions of Labor Code section 1777.5 for all apprenticeable occupations.

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 with the public work. Each payroll record shall contain or be verified by a written declaration that is made under penalty of perjury. The District requires hard copies of these records for verification, prior to making related payments to the contractor (this is in addition to the electronic reporting required by the DIR).

This is notice that contractor/s and subcontractor/s: must register with the California Department of Industrial Relations (DIR) and that:

• This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

• No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

• 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 pursuant to Labor Code section 1725.5.

• All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement).

2.25 F.O.B. POINT

All freight and delivery costs associated with this work shall be incorporated into the bid price.

SECTION 3: SCOPE OF WORK / SERVICES AND SPECIAL PROVISIONS

3.1 GENERAL DESCRIPTION

The District requires the replacement and/or installation of HVAC systems at two different facilities within the District’s service area. The following scope of work will be organized based on the two facilities. Nothing in this specification shall be interpreted as relieving the Contractor of the responsibility of meeting all applicable federal, state and local codes and regulations.

3.2 FACILITY 1 - BLENDING FACILITY

The contractor shall adhere to the following project requirements and specifications, furnish all materials, equipment, labor, and incidentals necessary to install two (2) new split systems HVAC units at the District’s Blending Facility located at 1111 Mowry Ave, Fremont, CA 94536.

• Location 1 - Electrical Room o Furnish and Install:

One (1) 4-ton split system. Floor-mounted outdoor condenser and ceiling-mounted indoor evaporator complete with thermostat, BACnet MS/TP or BACnet IP module, electrical/communication cabling and insulated refrigerant lines between indoor and outdoor units, and all incidental items.

o Refrigerant type: R-32 o Voltage requirement: 208-230VAC, 1-phase o Indoor unit dimensions: 51-3/16” W x 11-13/16” H x 27-9/16” D o Outdoor unit dimensions: 37” W x 55-15/16” H x 13” D o Thermostat dimensions: 4-3/4” W x 4-3/4” H x ¾” D o Indoor Evaporator Unit: : Samsung AM048FEHDCG/AA or equal o Outdoor Condenser Unit: Samsung AM048FCMDCG/AA or equal o Thermostat: Samsung MWR-WG01UN or equal o BACnet module: Samsung MIM-B17BUN or equal

• Location 2 - Operator Room o Furnish and Install:

One (1) 2-ton split system with two (2) indoor evaporators. Wall-mounted outdoor condenser and ceiling-mounted indoor evaporators complete with thermostat, BACnet MS/TP or BACnet IP modules, electrical/communication cabling and insulated refrigerant lines between the indoor and outdoor units, and all incidental items.

o Refrigerant type: R-32 o Voltage requirement: 208-230 VAC, 1-phase o Indoor units dimensions: 22-5/8” W x 9-13/16” H x 22-5/8” D o Outdoor unit dimensions: 34-5/8” W x 31-7/16” H x 12-3/16” D o Thermostats dimensions: 4-3/4” W x 4-3/4” H x ¾” D o Indoor evaporator units: Samsung AC012DNNDCG/AA (CNG12NDD) or equal o Outdoor condenser unit: Samsung AJ024DXJ3CG/AA (JXG24J3D) or equal o Thermostat: Samsung MWR-WG01UN or equal o BACnet module: Samsung MIM-B17BUN or equal o Remove and dispose:

One (1) existing indoor heater unit

• Project Requirements o Contractor shall coordinate with the District representative prior to mobilization.

o District staff will perform lockout/tagout procedures (LOTO) and all circuit energizing and de-energizing o Exact mounting locations and windows for wall penetrations shall be provided after

Award.

o All split units shall be from the same manufacturer.

o All refrigerant lines shall be installed above ground.

o Install new condensate drain piping.

o Install vibration isolators for all outdoor units.

o Conduits shall be minimum ¾” rigid Galvanized Steel conduits. All connectors shall be rigid threaded type.

o Conduit supports shall be a two-piece malleable iron strap with backing.

o Annular space on wall penetration shall be sealed.

o All Unistrut, clamps and straps shall be Galvanized Steel. All exposed ends shall be painted to prevent corrosion.

o All anchors shall be Stainless Steel 316.

o Except for pipe connections to indoor and outdoor units, all refrigerant piping connections shall be brazed.

o Refrigerant piping insulation shall be a minimum of ½” thickness.

o Perform wall penetration as needed, upon District’s approval.

o Protect and cover all communication lines and refrigerant lines.

o Perform startup and functional testing of new split units.

o Adjust and direct air flow as necessary for best performance.

o Coordinate with District staff on energizing the new split units.

o Contractor shall vacuum all dust and debris while construction activities are ongoing within the building.

o Clean up, dispose and restore work site to its original condition.

o Conduct final check-out with the District representative.

3.3 FACILITY 2 - DESALINATION FACILITY

The contractor shall adhere to the following project requirements and specifications, furnish all materials, equipment, labor, and incidentals necessary to remove and replace two (2) existing Trane split HVAC systems which are designated (CU-2/HP-2 and CU-3/HP-3).

Location is Newark Desalination Facility located at 6833 Redeker Place, Newark, CA 94560.

All new units must fit within the existing indoor/outdoor slabs and ductwork.

• Furnish and Install:

o Two (2) new 15-ton split systems. Outdoor condensers and indoor evaporators complete with thermostat, BACnet MSTP or BACnet IP modules, electrical/communication cabling and insulated refrigerant lines between the indoor and outdoor units, and all incidental items.

Refrigerant type: R-454B Voltage requirement: 208-230VAC, 3-phase Indoor units dimensions: 79-5/8” W x 69-1/16” H x 29-1/16” D Outdoor units dimensions: 95-7/16” W x 45-1/8” H x 46” D Indoor zone sensor dimensions: 2-7/8” W x 4-3/4” H 1-1/16” D Indoor Evaporator Unit: Trane TWE180K4 or equal Outdoor Condenser Unit: Trane TWA180K4 with Baysens 119 programmable sensor option or equal BACnet module: Symbio 700 or equal

• Remove and Dispose:

o Two (2) existing Trane split systems, including all evaporators, condensers, approximately 200 linear feet of refrigerant lines, and all incidental items.

• Project Requirements o Contractor shall coordinate with the District representative prior to mobilization.

o Work shall be performed one unit at a time.

o Contractor shall work with the District to ensure continuous cooling to the space during construction.

o Recover existing R-410A refrigerant using EPA-approved recovery cylinders and dispose of per regulatory requirements.

o District staff will perform lockout/tagout procedures (LOTO) and all circuit energizing and de-energizing o Outdoor units shall be equipped with weatherized DX coils o New refrigerant lines shall utilize existing wall penetration.

o All refrigerant lines shall be installed above ground.

o Install vibration isolators for all indoor & outdoor units.

o Install MERV 13 air filters.

o Charge each system with manufacturer recommended R-454B refrigerant.

o Conduits shall be minimum ¾” rigid Galvanized Steel conduits. All connectors shall be rigid threaded type o Conduit supports shall be a two-piece malleable iron strap with backing o Annular space on wall penetration shall be sealed o All Unistrut, clamps and straps shall be Galvanized Steel. All exposed ends shall be painted to prevent corrosion.

o All anchors shall be Stainless Steel 316.

o Except for pipe connections to indoor and outdoor units, all refrigerant piping connections shall be brazed.

o Refrigerant piping insulation shall be a minimum of ½” thickness.

o Provide necessary equipment for rigging, hoisting and installation of equipment o Perform startup and functional testing of new split units.

o Perform pre-test and balancing.

o Adjust and direct air flow as necessary for best performance.

o Coordinate with District staff on energizing the new split units.

o Work with the District’s BMS integrator to ensure compatibility and proper integration of newly installed equipment.

o Contractor shall vacuum all dust and debris while constructions activities are ongoing within the building.

o Clean up, dispose and restore work site to its original condition.

Conduct final check-out with the District representative.

3.4 WARRANTY

• Contractor shall provide minimum of one (1) year warranty for materials, workmanship and installation, if longer warranties are offered, please specify.

• During the warranty period, the Contractor shall ensure that qualified personnel are dispatched and physically present on-site within forty-eight (48) hours of District notification to evaluate reported performance issues. Notification can be written or verbal.

3.5 DOCUMENTATION

Contractor shall provide all O&M manuals and documentation in both paper and electronic format to the District upon completion and acceptance of installation.

3.6 DISTRICT RESPONSIBILITIES

The District shall be responsible for providing access to the sites and ensuring all units have the necessary power to operate, in accordance with manufacturer recommendations.

SECTION 4: GENERAL TERMS AND CONDITIONS

4.1 CONTRACT DOCUMENTS

The Contract Documents may include any or all of the following: Invitation for Bids, Bid Submittal, Bonds, if applicable, Notice of Award, Notice to Proceed, Drawing(s), Technical Specification(s), Terms and Conditions, Special Provisions, and Addenda.

4.2 DISTRICT HOLIDAYS

Access to District facilities will be denied on holidays. It is the responsibility of the Contractor to determine on which specific dates the following holidays are observed by the District, 1) New Year’s Day; 2) Martin Luther King Jr.’s Birthday; 3) President’s Day; 4) Memorial Day; 5) Juneteenth 6) Independence Day; 7) Labor Day; 8) Veteran’s Day; 9) Thanksgiving Day; 10) Day after Thanksgiving Day; 11) Christmas Eve; and 12) Christmas Day.

4.3 STATUS OF CONTRACTOR, LICENSES AND PERMITS

Neither the CONTRACTOR nor any party contracting with the CONTRACTOR shall be deemed to be an agent or employee of the DISTRICT. The CONTRACTOR is and shall be an independent contractor, and the legal relationship of any person performing services for the CONTRACTOR shall be one solely between that person and the CONTRACTOR.

Contractor shall possess such State and local licenses, certificates and permits required of the Contractor by law, and shall furnish satisfactory proof to the District upon request that such licenses, certificates and permits are in effect during the entire period of the Contract.

When transporting equipment or materials over public roads, the Contractor shall comply with Division 15, Article 6 of the California Vehicle Code, which requires transportation permits for loads and/or vehicles that exceed statutory limits for size and weight. In addition to any State and/or County transportation permits required, City of Fremont requires transportation permits for oversized and/or overweight vehicles.

4.4 WORK AREAS AND ACCESS

• Work Hours: The Contractor shall conduct its operations between 7:00 a.m. and 4:00 p.m., Monday through Friday, with no work performed on Saturdays, Sundays or District holidays.

• District Access: District personnel will be working in and around the work area. The Contractor shall not park or store vehicles, material or equipment in such a manner that will restrict District access to District equipment and facilities.

• Emergency Hazardous Material Spill Response Plan special provision: The Contractor shall prepare an Emergency Response Plan (ERP) to address an accidental spill of petroleum products or any other materials that are determined to be hazardous to aquatic or plant life, and drinking water. Within ten (10) calendar days following Contractor’s receipt of the District’s Notice to Proceed, the Contractor shall submit a satisfactory ERP to the District for review and concurrence. Primary elements of the written plan shall include, but not necessarily be limited to the following:

o Emergency spill response/containment/cleanup/legal disposal procedures in the event of a leak or spill of a hazardous substance.

o A list of emergency response materials which will be kept on site.

o List of phone numbers of the District, California Fish and Game and U.S. Fish and Wildlife Service, points of contact that the Contractor shall immediately notify in the event of a leak or spill.

• Public Safety: special provision The Contractor and subcontractors shall exercise caution and maintain speeds as posted on the roads when entering and exiting District facilities.

4.5 SITE CONDITIONS

Contractor shall inform itself fully and assume the risk as to uncertainties of weather, work area restrictions, or similar physical conditions at the project site.

4.6 ACCIDENT PREVENTION / SAFETY

Contractor shall be solely responsible for job site safety, accident prevention, bodily injury, including death, to persons arising from its operations.

Contractor shall comply with all applicable federal, state, and local laws and regulations, including safety orders of CAL-OSHA and of the State of California, Department of Industrial Relations, Division of Industrial Safety, and shall also take or cause to be taken such additional measures as may be necessary for the prevention of accidents.

Contractor shall at all times conduct all operations under the Contract in a manner to avoid the risk of bodily harm to persons. Contractor shall continuously inspect all work, materials and equipment to insure safe working conditions are maintained.

During the performance of the work, Contractor shall institute controls and procedures for the control and safety of persons visiting the job site.

Contractor shall maintain an accurate record of, and shall report to the District in writing, exposure data and all accidents resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies or equipment incident to work performed under the Contract.

No part of the time lost due to any stop work order, for items related to this article, issued by proper authority shall be made the subject of claim for extension of time or for extra costs or damages by Contractor.

Compliance with the provisions of this article by subcontractors shall be the responsibility of the Contractor.

The Contractor shall exercise the necessary precaution to prevent unauthorized fires either within or adjacent to the work area and shall be responsible for all damage from fire due directly or indirectly to its own operations and/or employees of its subcontractors and suppliers. The contractor shall comply with all Federal, State and local laws and regulations

4.7 SUBCONTRACTING OR ASSIGNMENT

The benefits and obligations hereunder shall inure to and be binding upon the parties hereto and neither this Contract nor the obligations or services to be performed there under shall be subcontracted, assigned, or otherwise disposed of, either in whole or in part, except with the prior written consent of the Contract Administrator or designee. Written consent of the District’s Contract Administrator is also necessary for substitution of a previously approved subcontractor or assignee.

4.8 PATENTED DEVICES, MATERIALS AND PROCESSES

If the Contractor is required or desires to use any design, device, material, or process covered by letters of patent or copyright, Contractor shall provide for such use by suitable legal agreement with the patentee or owner and a copy of such agreement shall be filed with the District. The Contractor shall pay all applicable royalties and license fees. Contractor shall defend all suits or claims for infringement of any patent rights and hold the District harmless from loss on account thereof.

4.9 CHANGE ORDERS / AMENDMENTS

• A duly authorized representative of the District’s Procurement & Contract’s Division may, at any time, without prior consent of the Contractor, and without notice to sureties, by written order designated or indicated to be a change order, make any change in the work within the general scope of this Contract.

• Nothing in this General Condition shall excuse the Contractor from proceeding with the Contract as changed. By proceeding with the work, the Contractor shall not be deemed to have prejudiced any claim for additional compensation, or an extension of time for completion.

4.10 MATERIAL AND WORKMANSHIP

• All equipment, materials, and components incorporated into the work covered by this Contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this Contract. References in the specifications to equipment, materials, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, as its option, use any equipment, material, article, or process that, in the judgment of the Contract Administrator or designee, is equal to that named in the specifications, unless otherwise specifically provided in this Contract.

• All Work under this Contract shall be performed in a workmanlike manner. The District may require, in writing, that the Contractor remove from work any employee deemed incompetent, careless, or otherwise objectionable.

4.11 FAILURE TO PERFORM

• Failure of the Contractor to (a) deliver the required goods or perform the required services within the time specified or within a reasonable time or (b) make replacements of rejected articles immediately or as directed shall constitute authority for the District to purchase in the open market services or goods of comparable grade to replace the goods not delivered or rejected. On all such purchases, the Contractor shall reimburse the District within a reasonable time as specified by the District for any expense incurred in excess of Contract prices, including any administrative costs.

• Should public necessity demand it, the District reserves the right to use or consume articles delivered or services performed which are substandard in quality, subject to an adjustment in price as reviewed and approved by the District’s Procurement & Contract’s Division. The Contractor shall not be liable for any excess costs if acceptable evidence has been submitted to the Purchasing Officer that failure to perform this Contract was due to causes beyond the control and without the failure or negligence of the Contractor.

• The remedies provided in this General Condition are in addition to any other rights and remedies provided by law or under any other provisions of this Contract.

4.12 TERMINATION OF CONTRACT

• The District may terminate this Contract at any time by giving the Contractor 30 calendar days’ written notice thereof. Notice of termination shall be sent by certified mail. Upon termination, the District shall pay the Contractor its allowable costs incurred to the date of termination and those costs deemed necessary by the District to effect termination.

• In the event that the Contractor at any time during the entire term of this Contract breaches the requirements or conditions of the Contract, and does not within 10 business days of receipt of notice thereof from the District cure such breach or violation, the District may immediately terminate this Contract and shall pay the Contractor only its allowable costs to the date of termination. If the Contractor does cure the breach or violation, any subsequent breach or violation of any kind may be cause for immediate termination without advance notice.

4.13 GOVERNING LAW

This Contract shall be governed by and construed according to the laws of the State of California. Venue shall be the courts in the County of Alameda.

4.14 COMPLIANCE WITH LAWS

The Contractor hereby represents and warrants:

• that it is qualified to do business in the State of California and that it will take such action as, from time-to-time hereafter, may be necessary to remain so qualified;

• that it shall comply with all Federal, State and local laws, ordinances, rules, and regulations applicable to its activities and obligations under this Contract; and

• that it shall procure, at its own expense, all licenses, permits, insurance, bonding, and governmental approval, if any, necessary to the performance of its obligations under this Contract.

4.15 FORCE MAJEURE

• Neither party shall be considered in default in the performance of its obligations hereunder to the extent that performance of such obligations is delayed, hindered or prevented by any cause which is beyond the reasonable control of such party (hereinafter called "Force Majeure"). Force Majeure includes but is not limited to any of the following, if reasonably beyond the control of the party claiming Force Majeure: delays caused by the other party, war (declared or undeclared), blockades, hostilities, riots, strikes, lockouts or other labor disturbances, epidemics, fires, storms, delays or interruptions in transportation, or any laws, regulations or ordinances of any government, governmental agency or court having or claiming to have jurisdiction over any part of the Contract, or any other causes (whether or not of kinds specifically mentioned herein). Notwithstanding anything in this Contract, Force Majeure does not include the Contractor's failure to obtain the necessary permits, licenses, exceptions, or other authorizations required to perform this Contract.

• Either party hereto shall give notice promptly within seven (7) calendar days of the nature and extent of any Force Majeure claimed to delay, hinder, or prevent performance under this Contract. Failure to do so shall constitute a waiver of any claim hereunder.

4.16 INSURANCE

CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries or death to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, his agents, representatives, employees or sub-contractors.

Coverage - Coverage shall be at least as broad as the following:

• Commercial General Liability (CGL) - Insurance Services Office (ISO) Commercial General Liability Coverage (Occurrence Form CG 00 01) including products and completed operations, property damage, bodily injury, personal and advertising injury with limit of at least two million dollars ($2,000,000) per occurrence or the full per occurrence limits of the policies available, whichever is greater. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (coverage as broad as the ISO CG 25 03, or ISO CG 25 04 endorsement provided to the DISTRICT or the general aggregate limit shall be twice the required occurrence limit.

• Automobile Liability - Insurance Services Office (ISO) Business Auto Coverage (Form CA 00 01), covering Symbol 1 (any auto) or if CONTRACTOR has no owned autos, Symbol 8 (hired) and 9 (non-owned) with limit of one million dollars ($1,000,000) for bodily injury and property damage each accident.

• Workers' Compensation Insurance - as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Waiver of Subrogation: The insurer(s) named above agree to waive all rights of subrogation against the DISTRICT, its elected or appointed officers, officials, agents, authorized volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the DISTRICT; but this provision applies regardless of whether or not the DISTRICT has received a waiver of subrogation from the insurer.

If Claims Made Policies:

• The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of Agreement work.

• Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

• If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, the CONTRACTOR must purchase “extended reporting” coverage for a minimum of five

(5) years after completion of contract work.

If the CONTRACTOR maintains broader coverage and/or higher limits than the minimums shown above, the DISTRICT requires and shall be entitled to the broader coverage and/or higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the

DISTRICT.

Other Required Provisions - The general liability policy must contain, or be endorsed to contain, the following provisions:

• Additional Insured Status: DISTRICT, its directors, officers, employees, and authorized volunteers are to be given insured status (at least as broad as ISO Form CG 20 10 10 01), with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations.

• Primary Coverage: For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary at least as broad as ISO CG 20 01 04 13 as respects to the DISTRICT, its directors, officers, employees and authorized volunteers. Any insurance or self-insurance maintained by the DISTRICT its directors, officers, employees and authorized volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.

Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the DISTRICT.

Self-Insured Retentions - Self-insured…