800-606 - CSF Specifications (Bid - Volume 1)- WATERMARK.pdf

Union Sanitary District

Alvarado Wastewater Treatment Plant

PROJECT MANUAL

FOR

ENHANCED TREATMENT SITE UPGRADE (ETSU)

Campus Solar Facilities Project

October 2025

Issued For Construction

VOLUME 1 OF 3

________________________10/6/2025__

Approved for construction

Richard A. Pipkin P.E.

ETSU Program Manager

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SECTION 00001

PROJECT TITLE PAGE

PROJECT MANUAL

FOR

ENHANCED TREATMENT SITE UPGRADE (ETSU)

Campus Solar Facilities Project

October 2025

Professional Engineer Certifications

Amy H. Thurston___, PE __Jack Yao_________, PE ___William Russell____, PE

License No. __6068____ License No. __18390____ License No. ___34743____

Divisions __Structural__ Divisions __Electrical__ Divisions___Architectural_

__Swaid M. Alhajri___, PE __Gregg Cummings_, PE __Chris Portner Jr_______, PE

License No. 34897 License No. __45158____ License No. ___77893____

Divisions _HVAC/Plumb/Fire Divisions __Civil___ Divisions___General______ r's Exc ha r's Exc ha

CAMPUS SOLAR FACILITIES 00002-1 OCTOBER 2025

UNION SANITARY DISTRICT

SECTION 00 01 10

TABLE OF CONTENTS

VOLUME 1 OF 3

DIVISION 00 − PROCUREMENT AND CONTRACTING REQUIREMENTS

Section Title

00010 Notice Inviting Bids

00100 Instruction to Bidders

00200 Supplemental Project Information Available to Bidders

00300 Bid Form

00310 Bid Schedule

00410 Bidder’s Bond

00420 Certification of Bidder’s Experience and Qualifications

00421 Certification of Electrical Subcontractor’s Experience and

Qualifications

00430 Designation of Subcontractors

00440 Site Visit Affidavit

00450 Schedule of Major Equipment and Material Suppliers

00460 Review of Project Affidavit

00470 Acknowledgement of Insurance Requirements

00480 Noncollusion Affidavit

00481 In Use Off Road Diesel Fleet Cert

00485 Iran Contracting Act Certification

00490 Build America, Buy America (BABA) Act Certification

00500 Agreement

00610 Form of Performance Bond

00620 Form of Payment Bond

00630 Escrow Agreement

00650 General Liability Endorsement

00651 Auto Liability Endorsement

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00700 General Conditions

00800 Supplementary General Conditions

00810 California Environmental Quality Act (CEQA)

00840 Build America, Buy America (BABA) Act Requirements

DIVISION 01 − GENERAL REQUIREMENTS

01010 Summary of Work

01025 Measurement and Payment

01035 Modification Procedures

01050 Field Engineering

01060 Regulatory Requirements and Permits

01090 References

01200 Project Meetings

01210 Project Control System

01310 Progress Schedules

01340 Shop Drawings

01345 Requests for Information and Clarifications

01400 Quality Control

01510 Temporary Utilities

01560 Temporary Controls

01600 Material and Equipment

01612 Seismic Design Criteria

01614 Wind Design Criteria

01660 Equipment and System Performance and Operational Testing

01710 Final Cleanup

01720 Project Record Documents

01730 Operation and Maintenance Data

01740 Warranties and Bonds

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Section Title

01750 Spare Parts

VOLUME 2 OF 3

DIVISION 02 − EXISTING CONDITIONS

02 41 00 Site Demolition

02 61 13 Excavation and Handling of Contaminated Material

02 81 00 Hazardous Materials Remediation

02 81 01 Transportation and Disposal of Hazardous Material

DIVISION 03 − CONCRETE

03 15 00 Concrete Accessories

03 15 16 Joints in Concrete

03 31 10 Cast-in-Place Concrete

03 60 00 Grout

DIVISION 05 − METALS

05 05 13 Galvanizing

05 05 23 Metal Fastening

05 10 00 Metal Materials

05 12 00 Structural Steel

05 31 00 Metal Decking

05 50 00 Metal Fabrications

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DIVISION 07 − THERMAL AND MOISTURE PROTECTION

07 60 00 Flashing and Sheet Metal

07 61 13 Standing Seam Metal Roofing and Wall Panels

07 84 00 Firestopping

07 90 00 Joint Fillers, Sealants and Caulking

DIVISION 09 − FINISHES

09 90 00 Painting

DIVISION 10 − SPECIALTIES

10 14 00 Identifying Devices

10 22 13 Wire Mesh Partitions

10 44 16 Fire Extinguisher

10 81 13 Bird Control Devices

DIVISION 21 − FIRE SUPPRESSION

21 05 00 Basic Fire Suppression Requirements

21 05 29 Hangers and Supports for Fire Suppression Piping and

Equipment

21 05 48 Vibration and Seismic Controls for Fire Suppression Piping and

Equipment

21 05 53 Identification for Fire Protection, Mechanical Process, and Life

Safety System Equipment

21 07 19 Fire Suppression Piping Insulation

21 08 00 Commissioning of Fire Suppression

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21 13 13 Wet Pipe Sprinklers

DIVISION 22 − PLUMBING

22 05 00 Basic Plumbing Requirements

22 05 29 Hangers and Supports for Plumbing Piping and Equipment

22 05 48 Vibration and Seismic Controls for Plumbing Piping and

Equipment

22 05 53 Identification for Plumbing Piping and Equipment

22 07 19 Plumbing Piping Insulation

22 11 13 Facility Water Distribution Piping

22 11 19 Domestic Water Piping Specialties

DIVISION 23 − HVAC

23 00 00 Basic HVAC Requirements

23 05 48 Vibration and Seismic Controls HVAC

23 05 93 HVAC Balancing

23 05 95 HVAC Field Testing

23 09 02 HVAC Automatic Temperature Controls

23 31 13 Metal Ducts and Duct Accessories

23 34 00 HVAC Fans

DIVISION 26 − ELECTRICAL

26 05 00 Basic Electrical Requirements

26 05 13 Medium Voltage Cables

26 05 19 Low-Voltage Conductors and Cables

26 05 26 Grounding and Bonding for Electrical Systems

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26 05 29 Hangers and Supports for Electrical Systems

26 05 33.13 Conduit for Electrical Systems

26 05 33.16 Boxes for Electrical Systems

26 05 36 Cable Trays for Electrical Systems

26 05 53 Identification for Electrical Systems

26 05 73 Power System Studies

26 09 16 Electric Controls and Relays

26 12 19 Pad-Mounted, Liquid-Filled, Medium-Voltage Transformers

26 234 13 Low Voltage Switchboards

26 27 26 Wiring Devices

26 43 13 Surge Protective Devices

26 50 00 Lighting

DIVISION 31 − EARTHWORK

31 00 01 Earthwork

31 05 16 Aggregate Materials

31 25 00 Erosion and Sedimentation Control

31 63 29 Drilled Piers

DIVISION 32 − EXTERIOR IMPROVEMENTS

32 10 00 Paving and Surfacing

DIVISION 33 − UTILITIES

33 24 00 Storm Drains and Roof Drains

33 71 19 Underground Electrical

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DIVISION 40 − PROCESS INTERCONNECTIONS

40 05 97 Piping and Equipment Identification Systems

DIVISION 48 − ELECTRICAL POWER GENERATION

48 14 03 Photovoltaic (PV) Systems r's Exc ha

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VOLUME 3 OF 3

Appendix Title

A Geotechnical Investigation Report Proposed Union

Sanitary District New Administration Building and

Corporation Yard

As prepared by: Kleinfelder, Inc

B Pre-Renovation Hazardous Materials Survey Union Sanitary

District – Covered Storage Structure

As prepared by: Vista Environmental Consulting

C Notice of Exemption / Categorical Exemption

As prepared by: Union Sanitary District (Hazen and Sawyer)

D Lockout/Tagout Procedures for Contractors

As prepared by: Union Sanitary District

E Soil and Shallow Groundwater Investigation Work Plan

As prepared by: Brown and Caldwell

F Department of Energy Special Terms and Conditions

As prepared by: Department of Energy

G Davis-Bacon Prevailing Wage Determination

As prepared by: Department of Labor r's Exc ha

CAMPUS SOLAR FACILITIES 00010-1 OCTOBER 2025

SECTION 00010

NOTICE INVITING BIDS

1.0 NOTICE

1.1 Notice is hereby given that sealed Bids will be received by the Union Sanitary District in their office located at 5072 Benson Road, Union City, CA 94587-2508, at any time prior to 2:00:00 p.m. local time on Tuesday, November 18th 2025, for furnishing all labor, materials, equipment, and services for the construction of improvements designated as:

ENHANCED TREATMENT AND SITE UPGRADE (ETSU) PROGRAM

CAMPUS SOLAR FACILITIES PROJECT

(PROJECT NO. 800-606)

1.2 The scope of work encompasses all demolition, environmental remediation, transport, and disposal, civil, mechanical, process and instrumentation, structural, architectural, HVAC, fire protection, plumbing, and electrical tasks included within the Contract Documents. The Contract Documents include the Project Manuals, Drawings and any Addenda. The Contractor shall complete the work items indicated on the Drawings and Specifications, including but not limited to the following:

1.2.1 Demolition of the existing covered storage roof, roof framing members, and associated appurtenances.

1.2.2 Demolition of existing electrical, lighting, utility piping, and fire sprinkler system as required to demolish the existing covered storage roof and install a new roof.

1.2.3 Construction of duct banks required to bring power to the covered storage from SWGR-SE.

1.2.4 Installation of drilled piers to support the new roof at the covered storage.

Contractor to perform a geotechnical investigation prior to installation of drilled piers to confirm subsurface conditions.

1.2.5 Installation of a monoslope roof and roof framing members at the covered storage.

1.2.6 Replacement of the removed lighting, electrical, utility piping, and fire sprinkler system as required to provide a fully functioning system.

1.2.7 Modification to the exhaust system at the wood room and storage room.

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1.2.8 Bid Alternate A: Installation of a 200kW (minimum) rooftop solar photovoltaic system, switchboard and transformer, modification of SWGR- SE, and appurtenances at the covered vehicle storage.

1.3 The successful bidder will have three hundred and sixty five (365) calendar days to accomplish substantial completion from the Notice to Proceed.

1.4 The Engineer’s Estimate for this Project is approximately $5,800,000.00.

1.5 Unofficial PDF files of the Contract Documents are available for public inspection at the District’s website: https://unionsanitary.ca.gov/about-us/usd-construction-projects/projects-out-to-bid. Official PDF files for the project are described below.

1.6 All Bidders submitting a bid must purchase and receive a USB memory drive containing the official PDF files of the Contract Documents for the Project No. 800-

606 from the District. The District will not have paper copies of the Contract

Documents available for purchase. The USB memory drive may be purchased from the District Office for a non-refundable $75 charge, which includes the appropriate

State sales tax and UPS Ground shipping costs. Bidders can provide their UPS or

FedEx account number for any overnight shipping, but the charge will not be discounted. Bidders may pay for the USB memory drive by sending a check made out to Union Sanitary District, 5072 Benson Road, Union City, California 94587, or by going to our website www.unionsanitary.ca.gov for payment by VISA or

MASTERCARD credit card. Bidders who purchased the USB memory drive will be placed on the Planholder list. All submitted bids must be on the Bid Forms included with the purchased USB memory drive of the Contract Documents or subsequent addenda. A bid submitted to the District by a Bidder who has not purchased and received an electronic USB memory drive of Project No. 800-606 or submitted on Bid

Forms not included in the purchased electronic USB memory drive or subsequent addenda shall be considered non-responsive and shall be rejected by the District.

1.7 Addenda, if any, will be notified to the Bidders on the Planholder list via electronic mail provided and posted on the District Sharepoint website link not later than 2 business days prior to Bid opening date. The District will make its best effort to notify the Addenda to the Bidders on the Planholder list and will not be responsible if the

Bidder fails to acknowledge the Addenda. Prior to the Bid opening date, the Bidder shall regularly check the District website https://unionsanitary.ca.gov/about-us/usd-construction-projects/projects-out-to-bid for any Addenda.

2.0 PREBID CONFERENCE

2.1 A non-mandatory prebid conference call will be held at 9:00 a.m. local time on

Tuesday, October 21, 2025 located at 5072 Benson Road, Union City 94587-2508.

Immediately following the pre-bid conference, a voluntary site visit will be conducted for in-person attendees. While attendance at the pre-bid conference and site visit are not required, all prospective bidders are strongly encouraged to participate

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Instructions on how to join the Prebid Conference are as follows:

2.1.1 To attend this Prebid Conference virtually by web browser, click the Zoom link below for video and audio:

https://us02web.zoom.us/j/82757773589?pwd=wMqdUbapmH4vC3Bl9Jsp4 pIga60Nb2.1

2.1.2 To attend this Prebid Conference by phone:

Call: 1-888-788-0099 or 1-877-853-5247 Meeting ID: 827 5777 3589#

2.2 The meeting will be recorded and posted electronically. It is mandatory that all

Bidders either attend the Prebid Conference in person at the District offices located at 5072 Benson Road, Union City, CA, or attend virtually, or view the video recording of the meeting. Although not mandatory for subcontractors, subcontractors bidding on the Project are encouraged to attend the Prebid Conference or watch the recorded meeting video. The recorded Prebid Conference and site photos taken will be available to view at the following hyperlink:

https://unionsanitary.ca.gov/about-us/usd-construction-projects/prebid-photos-and-videos/

2.3 All Bidders are encouraged to visit the project job site. Bidders may attend the site visit after the Prebid Conference or schedule a site visit with the District’s Project

Manager, Oscar Fajardo , at 510-477-7536 with at least 72 hours in advanced notice.

The site visit shall be conducted in the presence of the District’s Project Manager or their designee. All visitors shall consider and incorporate measures to ensure compliance with all applicable State and Alameda County Health Orders.

3.0 BID OPENING

3.1 Bids will be publicly opened, examined, and declared on Tuesday, November 18, at

2:15 p.m. local time, and will be referred to the District Board of Directors for subsequent action. The bid opening will be webcasted on the internet starting at

2:15 p.m. local time. Instructions on how to join the bid opening are as follows:

3.1.1 To attend the bid opening by web browser, use the Zoom link below for video and audio:

https://us02web.zoom.us/j/82172454993?pwd=2eesDuW3DBTwTu8IqbJUp ZeNu3nNmd.1

3.1.2 To attend the bid opening by phone:

Call 1-888-788-0099 or 1-877-853-5247 Meeting ID: 821 7245 4993#

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CAMPUS SOLAR FACILITIES 00010-4 OCTOBER 2025

3.2 All of said work is to be done at the places and in the particular locations, of the form, sizes and dimensions and of the materials, and to the lines and grades and at the elevations as shown on the plans and specifications made therefor and approved by the District.

3.3 The successful bidder will have the opportunity to enter into a partnering agreement with the District. Partnering consists of a voluntary effort by all parties to develop joint goals and establish a cooperative rather than adversarial atmosphere while executing the contract. The objective of partnering is effective completion of the work on schedule, within budget, and in accordance with the Contract Documents.

Partnering shall commence and proceed as specified in the Supplementary General

Conditions.

3.4 All Bidders are hereby notified that the successful bidder shall:

3.4.1 Possess a Class A Contractor’s License In accordance with the provisions of California Public Contract Code Section 3300, the District has determined that the Contractor shall possess, as a minimum, a valid Class A General Contractor License. In accordance with the provisions of California Business and Professions Code Section 7028.15, a Bid submitted to the District by a Contractor who is not licensed in accordance with Chapter 9 of the California Business and Professions Code shall be considered non-responsive and shall be rejected by the District.

3.4.2 Meet experience requirements of Section 00420, CERTIFCATION OF BIDDER’S EXPERIENCE AND QUALIFICATIONS, and Section 00421, CERTIFICATION OF ELECTRICAL SUBCONTRACTOR’S EXPERIENCE

AND QUALIFICATIONS.

3.4.3 Other mandatory bid requirements set forth in the Contract Documents.

3.5 Bidders are hereby notified that, pursuant to the provisions of California Labor Code, Sections 1770 et. seq., they shall comply with the Department of Industrial Relations’ general prevailing rate of per diem wages and general prevailing rate for holidays, Saturdays and Sundays, and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the contract. The state’s current prevailing wage determinations are available for viewing on the Department of Industrial Relations’ (DIR) website:

https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm.

3.6 The District will not recognize any claim for additional compensation because of the payment by the contractor of any wage rate in excess of the prevailing wage rates on file as aforesaid. The possibility of a wage increase is one of the elements to be considered by the contractor in determining his/her or its bid and will not, under any circumstances, be considered as the basis of a claim against the District on the

Contract.

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3.7 Pursuant to the provisions of California Labor Code Section 6707, each bid submitted in response to this Notice Inviting Bids shall contain, as a bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life and limb in trenches and open excavation, which shall conform to applicable safety orders. By listing this sum, the Bidder warrants that its action does not convey tort liability to the District, the Design Consultant, the Construction Manager, and their employees, agents, and subconsultants.

3.8 The successful Bidder and its subcontractors shall employ workers, trades and craftsmen which constantly display and demonstrate proper moral, ethical and professional conduct to all fellow workers, employees and representatives of the

District and other involved entities.

3.9 The District has applied for and expects to receive financial assistance through the

Department of Energy and the project is subject to the requirements of the Build

America, Buy America Act. The Contractor and its subcontractors must comply with the Davis-Bacon Act (40 U.S.C. 276a to a-7) as supplemented by Department of

Labor regulations (29 CFR Part 5) and the Special Terms and Conditions provided by the Department of Energy contained in Appendix F. Bidders shall comply with all applicable guidelines and requirements as outlined in the Contract Documents.

3.10 It shall be mandatory upon the Contractor to whom the work is awarded and upon any subcontractor under the Contractor to pay not less than said specified DIR wage rates or the Davis-Bacon wage rates, whichever is higher, to all applicable laborers, mechanics, trades people employed by them in the execution of the Contract. See

Appendix G for the latest Davis-Bacon wage determination for this area.

3.11 Each Bid must conform and be responsive to the invitation, the Plans and

Specifications, and all documents comprising the Contract Documents. Each Bid shall be presented under sealed cover and shall be accompanied by a certified check or bidder's bond, made payable to the District, in an amount not less than ten percent (10%) of the bid. The said check or bidder’s bond shall be given as a guarantee that the successful Bidder will execute the contract in conformity with the form of agreement contained within the contract documents, and will furnish bonds and insurance policies as specified within ten (10) days after notification of the award of the Contract to the successful Bidder

3.12 Cost for work described in each Addenda issued during the time of bidding shall be included in the Bid and the Addenda shall become a part of the Contract Documents.

3.13 Bidders shall develop and submit Bids at their own expense. The District will not reimburse any costs associated with the development and submittal of any and all

Bids.

3.14 The District reserves the sole right to reject any and all Bids and to waive any informality in a Bid.

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3.15 No Bidder may withdraw its Bid for a period of one hundred twenty (120) days after the date set for the opening thereof.

3.16 At the successful Contractor's option, securities may be substituted for the required retention, in accordance with the provisions of Section 22300 of the State of

California Public Contract Code.

3.17 CARB Certification: Each Bidder shall complete and return the In-Use Off-Road

Diesel-Fueled Fleets Certification to the District with its Bid, or no later than prior to the time of the Bid Award, or the Bid may be deemed non-responsive.

3.18 Questions concerning this project shall be directed to:

Attn: Oscar Fajardo

5072 Benson Road

Union City, CA 94587

Phone: 510-477-7536

Email: oscarf@unionsanitary.ca.gov

By: Anjali Lathi

Secretary of the Board

Union Sanitary District

Date: October 14, 2025

END OF SECTION

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SECTION 00100

INSTRUCTIONS TO BIDDERS

1.0 GENERAL

1.1 The work to be performed is described in the Contract Documents titled, Project No.

800-606, Enhanced Treatment and Site Upgrade Program - Campus Solar Facilities

Project, (hereinafter “Project No. 800-606”) dated October 2025, as prepared by

Hazen and Sawyer, 101 Montgomery Street, Suite 1500, San Francisco, CA 94104 for the Union Sanitary District. Codes and standards, definitions of words and terms, and abbreviations shall be as specified in Section 01090, REFERENCES.

1.2 All Bidders shall carefully examine the Contract Documents and satisfy themselves as to their sufficiency; and shall not at any time after the submission of the bid dispute or complain of such Contract Documents and the directions explaining them or interpreting them, nor assert that there is any misunderstanding in regard to the location, extent, nature of amount of work to be performed. The Bidder shall notify the District of any discovered conflicts, errors of discrepancies in the Contract

Documents prior to the submission of its bid. Intended Bidders shall have visited the site of the work and familiarized themselves with the conditions there existing as well as all other conditions relating the construction and labor under which the work will be performed and affecting cost, progress or performance of the work. The submitting of a bid shall be considered an acknowledgement on the part of the

Bidder of its familiarity with conditions at the site of work.

1.3 Bids for the work shall be made on the bid forms containing the following sections and shall include the following completed documents:

SECTION TITLE

00300 BID FORM

00310 BID SCHEDULE

00410 BIDDER’S BOND

00420 CERTIFICATION OF BIDDER’S EXPERIENCE AND

QUALIFICATIONS

00421 CERTIFICATION OF ELECTRICAL SUBCONTRACTOR’S

EXPERIENCE AND QUALIFICATIONS

00430 DESIGNATION OF SUBCONTRACTORS

00450 SCHEDULE OF MAJOR EQUIPMENT AND MATERIAL SUPPLIERS

00460 REVIEW OF PROJECT 800-606 AFFIDAVIT

00470 ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS

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00480 NONCOLLUSION AFFIDAVIT

00481 IN-USE OFF-ROAD DIESEL-FUELED FLEETS CERTIFICATION

00485 IRAN CONTRACTING ACT CERTIFICATION

00490 BUILD AMERICA, BUY AMERICA (BABA) CERTIFICATION

1.4 A complete set of bid forms shall be placed in an envelope, sealed, and addressed to:

Attn: Ric Pipkin, ETSU Program Manager

5072 Benson Road

Union City, CA 94587 – 2508 BID: Project No. 800-606

Enhanced Treatment and Site Upgrade Program

Campus Solar Facilities Project

1.5 A Pre-bid Conference will be held at the time and place stipulated in Section 00010, NOTICE INVITING BIDS. Subcontractors, suppliers and other interested parties are invited and encouraged to attend this conference.

1.6 The District reserves the right to postpone the date and time for receiving and/or opening of bids at any time prior to the date and time established in the Notice

Inviting Bids. Postponement notices may be posted online/emailed and will subsequently be mailed to Planholders of Record in the form of addenda.

Planholders of Record are those who purchased at least one copy of the Contract

Documents from the Union Sanitary District and are listed on the Planholder List maintained by the Union Sanitary District.

1.7 Addenda may be issued to Planholders of Record during the Bid period. Any and all

Addenda issued shall become a part of the Contract Documents and shall be fully considered by all Bidders during preparation of bids.

1.8 Bids shall be made on the blank bid forms PDF file prepared by the District and included on the electronic USB memory drive. Bids shall give the prices proposed in figures, shall give all other information requested herein, and shall be signed by the

Bidder or an authorized representative, further provided herein. By submission of a proposal on the separate forms provided by the District, the Bidder attests that the

Bidder has purchased a complete set of the Contract Documents and is aware of its entire contents, including any Addenda. Bidder is required to provide a complete bid on all schedules listed in Section 00310, BID SCHEDULE.

1.9 Bids shall be delivered to the District at the above address before the time set for the opening of bids as provided in Section 00010, NOTICE INVITING BIDS.

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1.10 After the expiration of the time for submission of bids, all bids will be publicly opened, read, declared, and referred to the District Board of Directors for action.

2.0 PLANHOLDERS LIST REQUIREMENT

2.1 All Bidders submitting a bid must purchase and receive an USB memory drive containing the official PDF files of the Contract Documents for the Project No. 800-

606 from the District prior to the bid opening date. A bid submitted to the District by a Bidder who has not purchased and received the USB memory drive shall be considered non-responsive and shall be rejected by the District.

3.0 BID PRICES

3.1 Bid prices shall include everything necessary for the completion of construction and fulfillment of the contract. Bid prices shall include all federal, state and local taxes including sales and use taxes, including any taxes or assessments levied or increased during the performance period of the Contract. Costs for developing, submitting, and presenting bids are the sole responsibility of the bidder and claims for reimbursement will not be accepted by the District.

3.2 If the product of a unit price and an estimated quantity does not equal the extended amount quoted, the unit price shall govern, and the correct product of the unit price and the estimate quantity shall be deemed to be the amount bid. If the sum of two or more items in a bidding schedule does not equal the total amounts quoted, the individual item amounts shall govern, and the correct total shall be deemed to be the amount bid.

4.0 BIDDER’S SIGNATURE AND AUTHORITY

4.1 If the bid is made by an individual, bidder’s name, signature, and post office address must be shown; if made by a firm or partnership, a list of the partners, and the signature of at least one of the general partners and the post office address of the firm or partnership must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation, and the title of the person who signs on behalf of the corporation. If the bid is made by a corporation, a certified copy of the bylaws or resolution of the Board of Directors of the corporation shall be furnished showing the authority of the officer signing the bid to execute contracts on behalf of the corporation.

4.2 If the bid is made by a joint venture, the bid shall be signed by a representative of one of the joint venture firms and include the address of the joint venture.

Additionally, the bid shall bind the joint venture. The required information shall be attached to the Bid Form and submitted with the bid.

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5.0 BID IRREGULARITIES

5.1 Each bid and the information requested shall be enclosed in a sealed envelope and labeled as specified herein. Bidders are warned against making erasures or alterations of any kind, and bids which contain omissions, erasures, or irregularities of any kind may be rejected. No oral, telegraphic, facsimile, telephonic, or electronic bids or modifications will be considered.

6.0 MODIFICATION OF BID

6.1 Modification of a bid already received will be considered only if the modification is received prior to the time established for receiving bids. Modifications shall be made in writing, executed, and submitted in the same form and manner as the original bid.

7.0 SUBCONTRACTORS

7.1 In accordance with California Public Contracting Code Section 4100, et seq., each

Bidder shall list in Section 00430, DESIGNATION OF SUBCONTRACTORS, (a) the name, (b) the location of the place of business, (c) the California contractor’s license number, (d) the DIR registration number, and (e) the description of the work to be performed for each subcontractor who will perform work or labor or render service or specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the bidder’s total bid.

7.2 If the Bidder fails to designate in its proposal a subcontractor for any portion of the work as required above, the Bidder agrees that it is fully qualified to perform that portion of the work itself and it shall perform that portion of the work itself.

7.3 In accordance with California Labor Code 1771 and 1725.5, all listed subcontractors must be registered with the Department of Industrial Relations. An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:

7.3.1 The subcontractor is registered prior to the bid opening.

7.3.2 Within 24 hours after the bid opening, the subcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5.

7.3.3 The subcontractor is replaced by another registered subcontractor pursuant to Section 4107 of the Public Contract Code.

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7.4 Failure by a subcontractor to be registered to perform public work as required by

Labor Code 1771.1, subdivision (a) shall be grounds under Section 4107 of the

Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor who is registered to perform public work pursuant to

Section 1725.5 in place of the unregistered subcontractor.

7.5 In accordance with California Public Contract Code 4104, an inadvertent error in listing the California contractor license number or public works contractor registration number pursuant to Section 4104(a)(1) shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected California contractor's license number or public works contractor registration number is submitted to the

District by the bidder within 24 hours after the bid opening.

8.0 DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID

8.1 No Bidder shall be allowed to make, submit or be interested in more than its own bid for Project No. 800-606. If, in addition to its own bid to the District, a Bidder ("Bidder

A") submits a written subcontractor proposal or quote to another Bidder ("Bidder B") to perform a portion of Project No. 800-606's work that is accepted by Bidder B, and

Bidder A is listed in Bidder B's Section 00430, DESIGNATION OF

SUBCONTRACTORS, Bidder A will be deemed to have an interest in more than its own bid and will be disqualified only as a bidder and its bid to the District for Project

No. 800-606 will be rejected. If not a bidder, a subcontractor may submit without being disqualified a proposal or quote to any number of bidders who may or will be submitting a bid for Project No. 800-606.

9.0 BID GUARANTY BOND AND CONTRACT AWARD

9.1 Bids shall be accompanied by a cashier’s check, a certified check or a bidder’s bond executed by an admitted surety in an amount not less than ten (10) percent of the aggregate amount of the bid, payable to the order of the District. Said check or bond shall be a guarantee that the successful bidder, if awarded the work, will within ten

(10) days after award: (1) enter into a contract, (2) furnish a bond of faithful performance and a labor and material bond, and (3) furnish insurance policies. In case of refusal or failure to enter into said Contract, the bid guaranty check or bond, as the case may be, shall be forfeited to the District, the proceeds therefrom being hereby agreed upon as liquidated damages to the said District on account of the delay in the execution of the Contract and required bonds and the performance of the work thereunder, and the necessity of accepting a higher or less desirable bid resulting from such failure or refusal to execute the Contract and the bonds as required.

9.2 Upon the execution of the Contract and the approval on behalf of the District of the accompanying bonds and insurance policies, all certified checks that accompany

Bids and that have not heretofore been returned, will be returned, each to its maker.

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Award of the Contract will be made within one-hundred twenty (120) days after the opening of bids to the lowest responsive, responsible bidder complying with these instructions, the Section 00010, NOTICE INVITING BIDS, and such other pertinent provisions of the Contract Documents as may apply. If award is made, it will be based on the lowest responsive, responsible bid whose base bid and alternate(s), if any, as listed in Section 00300, BID FORM, yields the lowest total Contract price.

Selection of any or all alternates shall be at the sole discretion of the District. The

District, however, reserves the right to reject any or all bids, and to waive any informality in bids received.

10.0 CONTRACTOR’S LICENSE

10.1 Each Bidder shall be licensed in accordance with the provisions of the Contractor’s

License Law of California as stipulated in Section 00010, NOTICE INVITING BIDS.

11.0 WORK PERCENTAGES

11.1 The Contractor shall perform with its own organization no less than the work percentage specified in Section 01010-7.0, WORK PERCENTAGES.

12.0 COLLUSION

12.1 If the District has reason to believe that collusion exists among bidders, the District will reject the bids of the known participants in such collusion and may, at its option, require that all bidders certify under penalty of perjury, that no collusion has occurred or exists. The District also, at its option, may reject all bids received. In accordance with Public Contract Code Section 7106 the Contractor shall complete and file with its proposal the NONCOLLUSION AFFIDAVIT in Section 00480. Public Contract

Code Section 7106 requires that the affidavit must be duly sworn.

13.0 INTERPRETATIONS

13.1 No oral representations or interpretations will be made to any bidder as to the meaning of the Contract Documents. Requests for an interpretation shall be made in writing and delivered to the individual specified in Section 00010, Notice Inviting

Bids, at least seven (7) days before the bids are opened as provided in Section

00010, Notice Inviting Bids.

14.0 WITHDRAWAL OF BID

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14.1 In accordance with Public Contract Code 5103, within five days after the opening of bids, a Bidder may be permitted to withdraw its bid providing the bidder can establish to the District’s satisfaction that a mistake was made in preparing the bid.

14.2 A Bidder desiring to withdraw shall give written notice to the District, specifying, in detail, how the mistake occurred and how the mistake made the bid materially different than it was intended to be. Withdrawal will not be permitted for mistakes resulting from errors in judgment or carelessness in inspecting the site of the work or in reading the Contract Documents.

14.3 Bidder may forfeit the bid bond to the District by withdrawing their bid, regardless of the reason.

15.0 REVIEW OF PROJECT AFFIDAVIT

15.1 The submitting of a bid shall be considered an acknowledgement on the part of the

Bidder that they have visited the Project site and are familiar with conditions at the site of the Work. The Bidder further acknowledges that the site examination has provided adequate and sufficient information related to existing conditions which may affect cost, progress or performance of the Work.

15.2 The submitting of a bid shall be considered an acknowledgment on the part of the

Bidder of familiarity with the Campus Solar Facilities Project and its coordination requirements with this Contract’s Work. All Bidders shall execute and submit an affidavit, as presented in Section 00460, REVIEW OF PROJECT AFFIDAVIT, that they have reviewed District’s Contract Documents and attended the Prebid

Conference for the Campus Solar Facilities Project, Project Number 800-606. These

Contract Documents are available for review as noted in Section 00010, NOTICE

INVITING BIDS.

16.0 IRAN CONTRACTING ACT CERTIFICATION

16.1 As required by California Public Contract Code Section 2204, the Bidder is required to complete, execute, and submit a certification in the form set forth in Section

00485, IRAN CONTRACTING ACT CERTIFICATION, marking whether (a) it is not identified on a list of persons engaged in investment activities in Iran pursuant to

Public Contract Code 2202.5, (b) has been exempted by the District from the requirements of the Iran Contracting Act of 2010 pursuant to Public Contract Code

Section 2203; or (c) the Contract amount would be less than One Million Dollars

($1,000,000). The Contract amount referenced shall be the Contract Price amount entered by the Bidder in Section 00310, BID SCHEDULE as submitted by the Bidder to the District.

17.0 BID PROTEST

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17.1 Any Bid protest must be submitted in writing to the Project Manager listed in Section

00010-Notice Inviting Bids before 4:30 p.m. on the fifth (5th) calendar day following

Bid opening.

17.1.1 The protest must contain a complete statement of the basis for the protest, and all supporting documentation. The protest must state the facts and refer to the specific portion of the bid document or statute which forms the basis for the protest.

17.1.2 The Contractor filing the protest must have submitted a Bid for the Work. A subcontractor or supplier may not submit a Bid Protest.

17.1.3 A party may not rely on the Bid protest submitted by another Bidder but must timely pursue its own protest.

17.1.4 The protest must include the name, address and telephone number of the person representing the protesting party.

17.1.5 The Contractor filing the protest must have submitted a Bid for the Work. A subcontractor or supplier may not submit a Bid Protest. The party filing the protest must concurrently transmit a copy of the protest and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other Bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.

17.1.6 The District will give the Bidder that is the subject of the protest seven (7) calendar days after the receipt of the protest to submit a written response.

The responding Bidder shall transmit the response to the protesting Bidder concurrent with delivery to the District.

17.1.7 The procedure and time limits set forth in the District’s bid documents are mandatory and are the Bidder’s sole and exclusive remedy in the event of

Bid protest. The Bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue a Bid protest or challenge, including filing a challenge to the award, filing a Government Code Claim, or pursuing any other legal proceeding.

17.1.8 If the District determines that a protest is frivolous, the protesting bidder may be determined to be non-responsible, and that bidder may be determined to be ineligible for future contract awards.

18.0 BUY AMERICA, BUILD AMERICA ACT

18.1 The District has applied for and expects to receive financial assistance through the

Buy America, Build America (BABA) Act, administered by the Department of Energy.

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All bidders shall comply with the BABA Program requirements of Section 00840, Build America, Buy America (BABA) ACT Requirements. Bidders shall be prepared to comply with BABA Acts requirements of Section 00840. Failure to submit

Sections 00490 with the other required bid forms may cause the bid to be rejected as a non-responsive bid.

18.2 The apparent successful bidder with the lowest, responsive, responsible bid that yields the lowest Total Contract Price shall submit to the District all required documentation outlined in Section 00840 prior to award and prior to the issuance of the Notice to Proceed. Failure to comply with the requirements or submit the documentation of Section 00840 in a timely manner may be cause for the District to reject the apparent low bidder. The District shall have the option to proceed with the award process to the next lowest, responsive, responsible bidder or reject all bids and re-advertise the project.

19.0 BIDDERS CHECKLIST

19.1 This checklist has been prepared and furnished to aid Bidders in including all necessary supporting information with their bid. Bidders' submittals should include, but are not limited to, the following:

Item Checked

1. Bid Form (Section 00300) ____________

2. Bid Schedule (Section 00310)

3. Bidder’s Bond (Section 00410)

4. Certification of Bidder’s Experience and

Qualifications (Section 00420)

5. Certification of Electrical Subcontractor’s

Experience and Qualifications (Section 00421)

6. Designation of Subcontractors (Section 00430)

7. Schedule of Major Equipment and Material

Suppliers (Section 00450)

8. Review of Project 800-606 Affidavit (Section 00460)

9. Acknowledgement of Insurance Requirements

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10. Non-collusion Affidavit (Section 00480)

11. In-Use Off-Road Diesel-Fueled Fleets Certification

(Section 00481)

12. Iran Contracting Act Certification (Section 00485)

13. Build America, Buy America (BABA)

Certification (Section 00490) ____________

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20.0 ESCROW BID DOCUMENTS

20.1 PROGRAM

20.1.1 The lowest three (3) monetary Bidders shall submit, within five (5) business days after receipt of District’s opening of the Bids, one copy of all documentary information generated in preparation of Bid prices for this

Project. This material is hereinafter referred to as “Escrow Bid Documents”.

The Escrow Bid Documents of the Successful Bidder will be held in escrow for the duration of the Contract.

20.1.2 The Successful Bidder agrees, as a condition of award of the contract, that the Escrow Bid Documents constitute the complete, only, and all documentary information used in preparation of its Bid. No other Bid preparation information shall be able to be furnished in support of any claims or request for compensation, and said documents may be accessed by the District, and used, in addressing any and all requests for additional compensation considered in resolving disputes.

20.1.3 Nothing in the Escrow Bid Documents shall change or modify the terms or conditions of the Contract Documents.

20.2 OWNERSHIP

20.2.1 The Escrow Bid Documents are, and shall always remain, the property of

Contractor, subject only to joint review by District and Contractor, as provided herein.

20.2.2 The District stipulates and expressly acknowledges that the Escrow Bid

Documents, as defined herein, may constitute trade secrets, corporate financial information, or be otherwise proprietary and/or privileged. This acknowledgment is based on District’s express understanding that the information contained in the Escrow Bid Documents is not known outside the Bidder's business, is known only to a limited extent and only by a limited number of employees of the Bidder, is safeguarded while in Bidder's possession, is extremely valuable to Bidder, and could be extremely valuable to Bidder's competitors by virtue of it reflecting Bidder's contemplated techniques of construction. District acknowledges that the

Bidder may have expended substantial sums of money in developing the information included in the Escrow Bid Documents and further acknowledges that it would be difficult for a competitor to replicate the information contained therein. The District further acknowledges that the

Escrow Bid Documents and the information contained therein are made available to District only because such action is an express prerequisite to award of the contract. The District further acknowledges that the Escrow

Bid Documents include a compilation of information used in the Bidder's business, intended to give the Bidder an opportunity to obtain an advantage

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over competitors who do not know of or use the contents of the documentation.

20.2.3 The District agrees to safeguard the Escrow Bid Documents, and all information contained therein, against disclosure to the fullest extent permitted by law.

20.3 PURPOSE

20.3.1 Escrow Bid Documents will be used to assist in the negotiation of price adjustments and Change Orders and in the settlement of disputes, claims, and other controversies. Escrow Bid Documents may be used by the

District prior to award of Contract to confirm Bidder has met the

Contractor’s self-performance of the Work percentage found in the above

Article 11, Work Percentages. Escrow Bid Documents will not be used for pre-award evaluation of Contractor's anticipated methods of construction or to assess Contractor's qualifications for performing the Work.

20.4 FORMAT AND CONTENTS

20.4.1 Bidders may submit Escrow Bid Documents in their usual cost estimating format. It is not the intention of this Section to cause the Bidder extra work during the preparation of the Bid, but to ensure that the Escrow Bid

Documents will be adequate to enable complete understanding and proper interpretation for their intended use. The Escrow Bid Documents shall be in the language of the Specifications. It is required that the Escrow Bid

Documents clearly itemize the estimated costs of performing the work of each Bid item contained in the Bid schedule. Bid items should be separated into sub items as required to present a complete and detailed cost estimate and allow a detailed cost review.

20.4.2 The Escrow Bid Documents shall include all quantity takeoffs; crew;

equipment; calculations of rates of production and progress; copies of quotations from equipment manufacturers, Subcontractors, and Suppliers;

and memoranda, narratives, consultants' reports, add/deduct sheets, and all other information used by the Bidder to arrive at the prices contained in the Bid Form.

20.4.3 Estimated costs should be broken down into the Bidder's usual estimate categories, such as direct labor, repair labor, equipment operation, equipment ownership, expendable materials, permanent materials, and subcontract costs as appropriate. Plant and equipment and indirect costs should be detailed in the Bidder's usual format. Contractor's allocation of plant and equipment, indirect costs, contingencies, markup, and other items to each Bid item shall be included.

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20.4.4 All costs shall be identified. For Bid items amounting to less than $10,000, estimated unit costs are acceptable without a detailed cost estimate, provided that labor, equipment, materials, and subcontracts, as applicable, are included, and provided that indirect costs, contingencies, and markup, as applicable, are allocated. Contract Documents provided by the District should not be included in the Escrow Bid Documents unless needed to comply with the requirements of this Section.

20.5 SUBMITTAL

20.5.1 The Escrow Bid Documents shall be submitted in a sealed container no later than five (5) business days after receipt of Bids. The container shall be clearly marked on the outside with the Bidder's name, date of submittal, project name, and the words "Escrow Bid Documents”. The Escrow Bid

Documents shall be accompanied with the bid documentation certification, signed by an individual authorized by the Bidder to execute the Bid Form, stating that the material in the Escrow documentation constitutes the complete, only, and all documentary information used in preparation of the

Bid and that he has personally examined the contents of the Escrow Bid

Documents container and has found that the documents in the container are complete.

20.5.2 Prior to Award, Escrow Bid Documents of the apparent Successful Bidder will be unsealed, examined, organized, and inventoried by representatives of District, together with members of Contractor's staff who are knowledgeable in how the Bid was prepared. This examination is to ensure that the Escrow Bid Documents are authentic, legible, and complete. It will not include review of, and will not constitute approval of, proposed construction methods, estimating assumptions, or interpretations of

Contract Documents. This examination is subject to the condition that the

Escrow Bid Documents may constitute trade secrets, corporate financial information, or be otherwise proprietary and/or privileged as described in the Paragraph entitled, “Ownership”, and shall be treated accordingly.

Examination will not alter any condition(s) or term(s) of the Contract.

20.5.3 If all the…