Attachment_A_-_Contract_Documents_Combined.pdf

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Attached to
Donald L. Dear Building Elevator Modernization Project
Solicitation number
RFB-TH-0145
Issued by
Los Angeles County, California

About this file

This is a Request for Bids (RFB) document issued by West Basin Municipal Water District for the Donald L. Dear Building Elevator Modernization Project. The solicitation requests bids for elevator modernization services at the Donald L. Dear Building. The document includes contract requirements, vendor reference forms requesting bidders to provide information on similar work performed for public agencies within the past five years, and fleet compliance certification requirements under California Air Resources Board regulations (Title 13, California Code of Regulations, Division 3, Chapter 9, effective January 1, 2024). Bidders must certify their fleet compliance status, provide three references with project details including contract amounts and dates completed, and submit documentation of current experience with comparable work.

The contract documents include mandatory compliance certifications, insurance and bonding requirements, and procurement standards applicable to West Basin Municipal Water District. Bidders must comply with California's renewable diesel fuel requirements or qualify for specific exemptions by providing detailed documentation of exemption status or inability to procure R99 or R100 renewable diesel fuel. The solicitation establishes vendor qualification standards through reference submissions and requires bidders to disclose any financial interests in previously performed projects. All submission requirements, compliance certifications, and contract terms are outlined in the attached contract documents, with bidders required to acknowledge receipt and understanding of all terms through signature on the vendor reference form and fleet compliance certification page.

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PART 1: BID DOCUMENTS

ADVERTISEMENT FOR BID

PROJECT NAME ADVERTISEMENT FOR BID

ADVERTISEMENT FOR BID

Receipt of Bid:

West Basin Municipal Water District (DISTRICT) will receive ELECTRONIC BIDS ONLY up to 2:00 PM on September 17, 2026, at which time the ELECTRONIC bids will be opened and posted on OpenGov (online bid portal) for construction of the DONALD L. DEAR BUILDING ELEVATOR MODERNIZATION PROJECT. Any Bids received after the specified time will not be considered.

Pre-Bid Meeting (Mandatory):

A Mandatory Pre-Bid Meeting is scheduled for September 9, 2026, at 10:00 AM.

Thel Pre-Bid meeting will be conducted remotely by Teams:

https://teams.microsoft.com/meet/230673409668492?p=Jr6TvgbiJlvPItuIxs Meeting ID: 230 673 409 668 492 Passcode: Af94od2W

An optional onsite job walk will follow the Pre-Bid Meeting on Wednesday, September 9, 2026, at 11:00 AM. The optional Onsite job walk will take place at the Project site located at the Donald L. Dear Building, 17140 Avalon Blvd., Carson, CA 90746-1296. In-person attendees shall also provide their own personal protective equipment (PPE), including hard hat, safety vest, protective eyewear, and closed-toe shoes.

In order to qualify as a potentially responsive bidder, prospective bidders must attend the Pre-Bid Meeting. Contractors who fail to attend the Mandatory Pre-Bid Meeting will not be allowed to bid on the Project as a Prime Contractor.

Document Review:

Bidders desiring to obtain copies of the Contract Documents and submit a bid shall register with the District’s online E-Procurement System at https://procurement.opengov.com/signup. Following registration, Bidder can download all Contract Documents at no cost. Hard copies of the document will not be mailed or sent via overnight delivery.

Description of Work:

The Project contemplated consists of the following work at the West Basin Municipal Water District, 17140 S. Avalon Boulevard, Carson, California 90746-1296.

Scope of Work:

Replacement of two hydraulic elevator controllers and related components (excluding hydraulic jacks).

Architectural

1. Replace cab interior finishes.

https://teams.microsoft.com/meet/230673409668492?p=Jr6TvgbiJlvPItuIxs

2. Install new pit ladders.

3. Install new HVAC platform on the roof.

4. Touch up / patch wall and ceiling finishes associated with fire protection, electrical, mechanical and elevator refurbishment work.

Mechanical

1. Install a new 3-ton split unit system (direct expansion fan coil unit and air cooled condensing unit) to service the elevator machine room.

Electrical

1. Provide power reconnection to new elevator equipment and associated accessories.

2. Replace non-GFCI receptacles with new GFCI receptacles within the elevator machine room and pits.

3. Replace light fixtures at elevator pits and elevator machine room to meet minimum 10 footcandles and 19 footcandles at floor level respectively.

4. Provide power for new HVAC equipment for elevator machine room.

5. Provide new panel board for relocated loads from panel “3LA”.

Fire Protection

1. Remove all fire sprinklers and supply piping to sprinklers at the top and bottom of elevator hoistways.

2. Install new heat detectors adjacent to existing fire sprinklers in the elevator machine room and arrange for elevator power shunt trip.

3. Provide new elevator control functions by installing a new dedicated elevator control fire alarm panel on the first floor, adjacent to the existing building fire alarm control panel.

4. Provide control modules for connections by the elevator contractor, for all required elevators recall functions.

5. Fire protection bid design drawings are under “deferred approval”. The installation contractor is responsible for developing detailed shop drawings, calculations, and equipment submittals for Authority Having Jurisdiction’s review and approval, and for securing required installation permits.

The Work will be completed in all respects within 120 working calendar days from the Notice-To-Proceed.

Bid Security:

Each Bid must be submitted on the prescribed Bid Form and accompanied by Bid Security as prescribed in the Instructions to Bidders, payable to the DISTRICT in an amount not less than 10 percent of the amount Bid.

Bonds:

The Successful Bidder will be required to furnish the additional Bond(s) prescribed in the Contract Documents.

Compliance with California Air Resources Board (CARB) Regulations

The California Air Resources Board (“CARB”) implemented amendments to the In- Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024, and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at:

https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf

Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. Bidders must provide, with their Bid, copies of Bidder’s and all listed subcontractors the most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive.

Contractor Licensing:

In order to Bid and perform public work, the Bidder and Subcontractors shall hold or obtain such licenses as required by State Statutes, and federal and local Laws and Regulations. Bids will be accepted only from Bidders holding a California Contractors' License C-11.

Payment of Work:

Payment for the Work accomplished will be made monthly, but part of the amount earned will be withheld to ensure performance under the contract. Substitution of securities for the monies withheld is permitted by the Contract Documents as an option open to the Successful Bidder.

Liquidated Damages:

Provisions for liquidated damages are set forth in accordance with the Contract Documents. Contractor shall pay the District, as fixed and liquidated damages and not as penalty, the sum of $500 each and every calendar day of delay.

Small, Local, and Veteran Owned Business Enterprises:

West Basin Municipal Water District maintains a Small, Local, and Veteran Owned Business Enterprise (SLVBE) Program that shall be addressed by the prime contractor. Contractor shall comply with the SLVBE program in accordance with the Contract Document and shall include the signed compliance form as part of the bid submittal.

https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf

Solicitation Administration:

For information concerning the proposed Work please submit questions or requests for clarifications through the E-Procurement System’s question & answer module. The last day to submit comments or questions is September 11, 2026, at 5:00 PM. All inquiries shall be directed to the District through the E-Procurement System’s question & answer module.

Bidders shall not visit the PROJECT SITE prior or after the onsite job walk and all inquiries shall be directed to the DISTRICT.

DISTRICT'S right is reserved to reject all Bids or any Bid not conforming to the intent and purpose of the Bidding Documents.

END OF SECTION

INSTRUCTIONS TO BIDDERS

DONALD L. DEAR BUILDING ELEVATOR MODERNIZATION PROJECT INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS

Terms used in these Instructions to Bidders have the meanings assigned to them in the Agreement.

Certain additional terms used in the Bidding Documents have the meanings indicated below which are applicable to both the singular and plural thereof:

1.1. Bidder – one who submits a Bid to the DISTRICT as distinct from a sub-bidder, who submits a Bid to a Bidder.

1.2. Apparent Low Bidder – that Bidder who's Bids as offered in the Bid Form represents the lowest total as determined by the Base Bid.

1.3. Bid Schedules – Refer to the Bid Form.

1.4. DISTRICT – West Basin Municipal Water District.

1.5. Successful Bidder—lowest, responsible and responsive Bidder to whom DISTRICT (on the basis of DISTRICT’S evaluation as hereinafter provided) makes an award.

1.6. Local Business Enterprise (LBE)—to be considered as a local business enterprise, a sub-contractor must provide evidence, in the form of a business license, that the contractor is located at a fixed commercial or residential address where administrative, clerical, professional or other productive work is performed relative to its commercial purpose. The sub-contractor must be located either within the District’s service area or within 25 miles of the District’s Carson headquarters for a minimum of one year.

1.7. Small Business Enterprise (SBE)--- to be considered as a small business enterprise and to encourage maximum participation, the District will accept a sub-contractor that meets the federal U.S. Small Business Administration (SBA) size standards or the SBE standards set by the California Department of General Services (DGS). In addition, the District will accept a sub-contractor’s self-certification of any local agency within the State of California. All certifications are subject to verification.

1.8. Veteran Owned Business (VOBE)—to be considered as a Veteran Owned Business Enterprise, the District will accept a Vendor that meets and is certified to the federal U.S. Small Business Administration (SBA) Veteran Owned Small Business program standards, or evidence the Vendor is at least 51% owned by, and that management and daily operations are undertaken by, a veteran of the U.S. Military, Naval, or Air Service. The Vendor must provide the District evidence of certification by the SBA and/or with documentation of veteran status.

A veteran may, additionally, qualify as a disabled veteran through demonstration of a compensable service-connected disability rating of at least 10% or more from the U.S. Department of Veterans Affairs or the Department of Defense.

DONALD L. DEAR BUILDING ELEVATOR MODERNIZATION PROJECT INSTRUCTIONS TO BIDDERS

2. BIDDING DOCUMENTS

2.1. Complete sets of Bidding Documents must be used in preparing Bids.

Neither the DISTRICT nor ENGINEER assumes any responsibility for errors or misinterpretations resulting from use of incomplete sets of Bidding Documents.

2.2. The Drawings bound in the Bidding Document are photographic reductions of the original tracings and are included as a reference only. All measurements shall be made and verified by the CONTRACTOR at the Work site.

2.3. Bidding Documents made available on the above terms are only for the purpose of obtaining Bids for the Work and shall not be used for any other purpose.

3. SPECIFICATIONS FORMAT DIFFERENCES

3.1. Bidder shall make no special interpretation or inference of intent from different formats of different Specifications sections.

4. QUALIFICATIONS OF BIDDERS

4.1. To demonstrate qualifications to perform the Work, Bidder shall submit, within 5 days of DISTRICT’S request, written evidence such as financial data, previous experience, present commitments, and other such data as may be called for below.

4.2. Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to Contract award.

4.3. All contractors and subcontractors listed in the Bid proposal must be registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.

4.4. Nothing indicated herein will prejudice DISTRICT’S right to seek additional pertinent information as is provided in Article AWARD OF CONTRACT.

4.5. As part of the request for bid, the Bidder shall complete and submit the Vendor Reference Form included with the Bid Form.

5. LICENSE REQUIREMENTS

5.1. The classification of Contractor's License that a Bidder must hold to be eligible for award of a contract for the Work is listed in the Advertisement for Bid.

5.2. In accordance with Section 7028.15 of the California Business and Professions Code, a licensed contractor shall not submit a bid to a public agency unless the contractor’s license number appears clearly on the bid, and the license expiration date is stated. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non-responsive and shall be rejected by the DISTRICT.

DONALD L. DEAR BUILDING ELEVATOR MODERNIZATION PROJECT INSTRUCTIONS TO BIDDERS

6. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

6.1. It is each Bidder's responsibility, before submitting a Bid, to:

6.1.1. Examine thoroughly the Bidding Documents and other related data identified in the Bidding Documents (including “technical data” referred to below).

6.1.2. Inspect the site to become familiar with and satisfy Bidder as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work.

6.1.3. Consider federal, state, and local Laws and Regulations that may affect cost, progress, performance, or furnishing of the Work.

6.1.4. Study and carefully correlate Bidder's knowledge and observations with the Bidding Documents and such other related data.

6.1.5. Promptly notify the DISTRICT of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in or between the Bidding Documents and such other related documents or site conditions.

6.2. Before submitting a Bid, each Bidder will be responsible to make or obtain such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise and which may affect cost, progress, performance, or furnishings of the Work and which Bidder deems necessary to determine its Bid.

6.3. On request, the DISTRICT will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the site to its former condition upon completion of such explorations, investigations, tests, and studies.

6.4. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this article; that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying the specific means, methods, techniques, sequences, or procedures of construction (if any) that may be shown or indicated or expressly required by the Bidding Documents; that Bidder has given the DISTRICT written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by the DISTRICT is acceptable to Bidder; and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work and for preparing the Bid.

DONALD L. DEAR BUILDING ELEVATOR MODERNIZATION PROJECT INSTRUCTIONS TO BIDDERS

7. INTERPRETATIONS AND ADDENDA

7.1. All questions about the meaning or intent of the Bidding Documents are to be directed to the District’s E-Procurement System’s question and answer module. Interpretations or clarifications considered necessary by the DISTRICT in response to such questions will be issued by Addenda posted on the DISTRICT's E-Procurement System. Questions received after the deadline for questions may not be answered. Only questions answered through the E- Procurement System’s question and answer module will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by the DISTRICT.

8. BID SECURITY

8.1. Each Bid must be accompanied by Bid security made payable to DISTRICT in an amount of 10 percent of Bidder's maximum Bid price and in the form of a certified or cashier check or a Bid Bond on form attached, issued by a surety meeting the requirements of the DISTRICT.

8.2. The Bid security of Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required Performance and Payment Bond(s), certificates of insurance, and met the other conditions of the Bidding Documents. If the Successful Bidder fails to sign and deliver the Agreement and furnish the required Bond(s) and certificates of insurance within fifteen (15) days after receipt of Agreement for signature, the DISTRICT may annul the award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom the DISTRICT believes to have a reasonable chance of receiving the award may be retained by the DISTRICT until the earlier of the 10th day after the execution of the Agreement by the Successful Bidder or the rejection of all Bids by the OWNER. Bid security submitted with Bids which are not competitive will be returned within 7 days after the Bid opening.

9. CONTRACT TIMES

9.1. Contract Times are set forth in the Agreement.

9.2. The times proposed by Bidder to complete the Work so that it is ready for final payment shall be indicated on Bid Form. Such proposed times will be taken into consideration by the DISTRICT. Upon request, Bidder(s) shall present sufficient information to substantiate Bidder's capability and capacity to achieve such proposed times.

10. LIQUIDATED DAMAGES

10.1. Provisions for liquidated damages are set forth in the Sample Agreement and as stated in the Bid Form.

DONALD L. DEAR BUILDING ELEVATOR MODERNIZATION PROJECT INSTRUCTIONS TO BIDDERS

11. SUBSTITUTE AND “OR-EQUAL” ITEMS

11.1. The contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used if acceptable to the DISTRICT, application for such acceptance will not be considered by the DISTRICT until after the Effective Date of the Agreement. The procedure for submission of any such application and consideration by the DISTRICT is set forth in the General Provisions.

12. SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.1. Bidder shall submit with its Bid the names of each proposed Subcontractor who will perform Work under these Bidding Documents in excess of 1/2 of 1 percent of the amount of the total Bid, and shall list the portion of the Work that will be done by such Subcontractor. If the Bidder fails to specify a Subcontractor for any portion of the Work to be performed under the Bidding Documents, the Bidder agrees to perform that portion of the Work itself, and further agrees that it is qualified to perform that portion of the Work.

12.2. Any Bidder so requested, shall, within 5 days after Bid opening, submit to the DISTRICT the identity of all such Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work.

12.3. If Successful Bidder declines to make a substitution for a Subcontractor, Supplier, person, or organization unacceptable to the DISTRICT, the DISTRICT may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, and other persons and organizations.

Declining to make requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person, or organization listed and to whom the DISTRICT does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the DISTRICT subject to revocation of such acceptance after the Effective Date of the Agreement as provided in the Agreement.

13. WAGE RATES

13.1. The DISTRICT has obtained from the Director of the Department of Industrial Relations the prevailing rate of per diem wages for workers to be used on the Project. Copies are on file at the DISTRICT principal office, and are available to interested persons on request. The Successful Bidder agrees, upon execution of the Agreement, to post a copy at the site.

13.2. The Work under these Bidding Documents is to be paid for by public funds and must comply with the minimum prevailing wage rates; therefore, the project is a public work and minimum prevailing wage rates published by the State Department of Labor are applicable. The State's prevailing wage rate information is on file at the office of the DISTRICT.

DONALD L. DEAR BUILDING ELEVATOR MODERNIZATION PROJECT INSTRUCTIONS TO BIDDERS

13.3. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The contractor and subcontractors of all tiers shall furnish electronic certified payroll records to the Labor Commissioner in accordance with Labor Code Section 1771.4.

14. BID FORM

14.1. The Bid Form and other attachments are included with the Bidding Documents. No substitution of forms will be allowed.

14.2. All blanks filled out on the Bid Form must be completed by typing or printing with ink. All price information shall be shown in both words and figures where required. No changes shall be made in the phraseology of the forms.

14.3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown above the signature.

14.4. Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear on the line below the signature.

14.5. All names must be typed or printed on the line with the signature.

14.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

14.7. The Bidder's name, address, point of contact, e-mail address, and telephone number for communications regarding the Bid must be shown.

14.8. The Bid Form also lists certain equipment, product, or systems for which manufacturers or suppliers for each are to be identified in the Bid Form.

15. SUBMISSION OF BIDS

15.1. Bid Form and attachments may be photocopied for submission of Bids.

15.2. Submit Bids not later than the time prescribed, at the place, and in the manner set forth in the Advertisement for Bid. Enclose Bids in an opaque sealed envelope marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), solicitation number and name and address of Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation “BID ENCLOSED - [SOLICITATION NUMBER]” on the face of it. Bids must be made on the prescribed Bid Form provided and submitted with the attachments listed below.

DONALD L. DEAR BUILDING ELEVATOR MODERNIZATION PROJECT INSTRUCTIONS TO BIDDERS

15.3. Bidders shall complete and submit the following attachments with its Bid:

Bid Form, Bid Bond, Non-Collusion Affidavit, and Small and Local Business Enterprise Program Compliance Form.

15.4. Only one Bid from any individual, firm, partnership, or corporation, under the same or different names, will be considered. Should it appear to the DISTRICT that any Bidder is interested in more than one Bid for Work contemplated, all Bids in which such Bidder is interested will be rejected.

16. COMPLIANCE WITH CALIFORNIA AIR RESOURCES BOARD (CARB)

REGULATIONS

16.1. The District is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, a valid Certificate of Reported Compliance (“CRC”) for the Bidder’s and its listed subcontractors fleet (including any applicable leased equipment or vehicles). In addition, Bidder must complete and submit the Fleet Compliance Certification. Failure to provide a valid CRC for the Bidder’s fleet, and for the fleets of all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Bid non-responsive.

17. MODIFICATION AND WITHDRAWAL OF BIDS

17.1. Bids may be modified or withdrawn by an appropriate document duly executed (in the same manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

17.2. If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with the DISTRICT and promptly thereafter demonstrates to the reasonable satisfaction of the DISTRICT that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further consideration on the Work to be provided under the Contract Documents.

18. OPENING OF BIDS

18.1. Bids will be opened and (unless obviously non-responsive) read aloud publicly. A summary of the amounts of the base bids and major alternates (if any) will be made available to Bidders within 7 calendar days after the date of Bid opening.

19. BIDS TO REMAIN SUBJECT TO ACCEPTANCE

19.1. All Bids will remain subject to acceptance for 45 calendar days after the date of the Bid opening, but the DISTRICT may, in its sole discretion, release any Bid and return the Bid security prior to that date.

DONALD L. DEAR BUILDING ELEVATOR MODERNIZATION PROJECT INSTRUCTIONS TO BIDDERS

20. BID PROTEST PROCEDURES

20.1. Only a bidder who has submitted a bid proposal is eligible to protest a bid. The DISTRICT will not accept or entertain bid protests from manufacturers, vendors, suppliers, subcontractors that have not submitted a bid. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own interest.

20.2. A bidder desiring to protest a bid shall file the protest within five (5) business days following the date on which bids were opened. The Procurement Officer must receive the protest by the close of business on the fifth (5th) business day following the bid opening.

20.3. The protest must be in writing and signed by the individual who signed the bid or, if the bidder is a corporation, by an officer of the corporation, and addressed to the Procurement Officer. A protest shall not be made by e-mail or facsimile and the DISTRICT will not accept such. A protest must set forth a complete and detailed statement of the grounds for the protest and include all relevant information to support the grounds stated; must refer to the specific portion(s) of the contract documents upon which the protest is based; and shall include a valid street address, phone number, and e-mail address sufficient to ensure the DISTRICT’S response will be received.

20.4. Once the protest is received by the Procurement Officer, the District will not accept additional information on the protest unless the DISTRICT itself requests it. In that case, the additional information must be submitted within three (3) business days after the request is made and must be received by the Procurement Officer by the close of business on the third (3rd) business day.

20.5. The Procurement Officer will respond, by regular mail or e-mail to the addresses provided in the protest, with a decision regarding the protest within ten (10) business days following

21. BASIS OF AWARD; AWARD OF CONTRACT

21.1. If the Contract is to be awarded, the DISTRICT will give Successful Bidder a Notice of Award within 45 calendar days after the day of the Bid opening.

21.2. The DISTRICT reserves its right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, non-responsive, unbalanced or conditional Bids, and to reject the Bid of any Bidder if the DISTRICT believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the DISTRICT. DISTRICT also reserves the right to waive all informalities not involving price, time, or changes in the Work.

Discrepancies in the quantity multiplied by unit price and the extended total amount will be resolved in favor of the quantity multiplied by unit price.

Discrepancies between the indicated sum of any column of figures and the

DONALD L. DEAR BUILDING ELEVATOR MODERNIZATION PROJECT INSTRUCTIONS TO BIDDERS

correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words.

21.3. When alternatives are present: The District reserves its right to select the Bid alternative that best suits the DISTRICT’S needs.

21.4. In evaluating Bids, the DISTRICT will consider the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. DISTRICT shall have the right to accept alternates in any order or combination, unless otherwise provided in the Bidding Documents.

21.5. The DISTRICT may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work for which the identity was required.

DISTRICT also may consider the operating costs, maintenance requirements, performance data, and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data are required to be submitted prior to the Notice of Award.

21.6. DISTRICT may conduct such investigations as the DISTRICT deems necessary to assist in Bid evaluation and to establish responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, and other persons and organizations to execute Work in accordance with the Bidding Documents to the DISTRICT’S satisfaction within the prescribed time.

21.7. If the Contract is to be awarded, it will be awarded to lowest Bidder whose evaluation by the DISTRICT indicates to the DISTRICT that the award will be in the best interests of the DISTRICT.

21.8. In the event of failure of the Successful Bidder to sign the Agreement and provide acceptable Performance and Payment Bond(s), insurance certificate(s), and other required documents, the DISTRICT may award the Contract to the next lowest responsive, responsible Bidder.

22. EXECUTION OF AGREEMENT

22.1. When the DISTRICT gives a Notice of Award to Successful Bidder, it will be accompanied by unsigned copies of the Agreement and other appropriate documents. Within 15 days thereafter, CONTRACTOR shall sign and deliver the copies of the Agreement and attached documents to the DISTRICT with the required Bonds. Within 10 days thereafter, the DISTRICT shall deliver two fully executed copies to CONTRACTOR (providing that complete insurance documents have been submitted).

DONALD L. DEAR BUILDING ELEVATOR MODERNIZATION PROJECT INSTRUCTIONS TO BIDDERS

23. RETAINAGE

23.1. Provisions concerning retainage and CONTRACTOR'S rights to deposit securities in lieu of retainage are set forth in the Agreement.

24. SMALL, LOCAL, AND VETERAN OWNED BUSINESS ENTERPRISE

24.1. If a prime contractor intends to employ subcontractors, and the amount of the contract is less than $3 million dollars, as determined by the DISTRICT's engineer's estimate, the prime contractor will be required to:

1.) Attend the pre-bid meeting; and

2.) Advertise for subcontractor bids from SBEs, LBEs or VOBEs in one or more daily or weekly newspapers, trade association publications, trade journals, or other relevant media or demonstrate a communication log of direct contact with SBEs, LBEs, and VOBEs; and

3.) Complete the attached Small, Local, and Veteran Owned Business Enterprise Program Compliance Form.

If a prime contractor intends to employ subcontractors, and the amount of the contract is $3 million dollars or more, as determined by West Basin’s engineer’s estimate, the prime contractor must, in addition to the requirements set forth above in items (1), (2) and (3):

4.) Provide written notice of its interest in receiving subcontractor proposals to those SBEs, LBEs, or VOBEs having an interest in participating in the work. These notices of interest must be provided not less than 10 calendar days prior to the date the proposals are required to be submitted to the District; and

5.) Prime contractor must follow-up the initial solicitations by contacting the interested SBEs, LBEs, or VOBEs to determine whether the SBEs, LBEs, or VOBEs were interested in performing specific portions of the project. Such follow up contact must be made not less than 3 calendar days prior to the date the proposals are required to be submitted.

24.2. If a prime contractor does not intend to employ subcontractors, the prime contractor must, in addition to the requirements set forth above:

1.) Complete the attached Small and Local Business Enterprise Program Compliance Form and select the fields to indicate that the prime contractor will self-perform all tasks associated with the engagement and will not utilize subcontractors.

END OF SECTION

SMALL, LOCAL, AND VETERAN OWNED

BUSINESS ENTERPRISE

(SLVBE)

POLICY COMPLIANCE

West Basin Municipal Water District

Small and Local Business Enterprise (SLVBE) Page 1of 1

Small, Local, and Veteran Owned Business Enterprise (SLVBE)

Program Compliance Form

DONALD L. DEAR BUILDING ELEVATOR MODERNIZATION PROJECT

DISTRICT maintains a Small, Local, and Veteran Owned Business Enterprise (SLVBE) Program that shall be addressed by the prime contractor.

If a prime contractor intends to employ subcontractors, and the amount of the contract is less than $3 million dollars, as determined by West Basin’s engineer’s estimate, the prime contractor will be required to:

1. Attend the Pre-bid meeting.

2. Advertise for subcontractor bids from SBEs, LBEs, or VOBEs in one or more daily or weekly newspapers, trade association publications, trade journals, or other relevant media or demonstrate a communication log of direct contact with SBEs, LBEs, or VOBEs

If a prime contractor intends to employ subcontractors, and the amount of the contract is $3 million dollars or more, as determined by West Basin’s engineer’s estimate, the prime contractor must, in addition to the requirements set forth above in items (1) and (2):

3. Provide written notice of its interest in receiving subcontractor proposals to those SBEs, LBEs, or VOBEs having an interest in participating in the work. These notices of interest must be provided not less than 10 calendar days prior to the date the proposals are required to be submitted to the District; and

4. Prime contractor must follow-up the initial solicitations by contacting the interested SBEs, LBEs, or VOBEs to determine whether the SBEs, LBEs, or VOBEs were interested in performing specific portions of the project. Such follow up contact must be made not less than 3 calendar days prior to the date the proposals are required to be submitted.

Publication Name/Location Advertisement Date

Please check to confirm Compliance with SLVBE requirement:

O ____________________________________________ has complied with the SLVBE (Prime Contractor) requirement, as defined in these contract documents.

OR

Please check to confirm that no subcontractors will be utilized:

O ____________________________________________ will self-perform all tasks (Prime Contractor) associated with this engagement and will not utilize subcontractors.

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Fleet Compliance Certification.

Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:

The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.

The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.

Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids).

The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).

The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.

Name of Bidder:_________________________________________________

Signature: __________________________________________________

Name: __________________________________________________

Title: __________________________________________________

Date: __________________________________________________

Bidder Name____________________________________________________________________________________________________

The following are the names, addresses, email, and telephone numbers for public agencies for which Bidder has performed similar work as the prime Contractor or major subcontractor within the past five (5) years.

Reference Number 1:

Project Title: _______________________________________________________________________________ Location: __________________________________________________________________________________ Name and address of owner: __________________________________________________________________ Name and current email and telephone number of person familiar with project: ________________________ Type of work: _______________________________________________________________________________ Contract Amount: $__________________________ Date Completed: __________________________________ Amount of work done by firm under Contract: $___________________________________________________ Did your firm have any financial interest in Project? ________________________________________________

Reference Number 2:

Project Title: _______________________________________________________________________________ Location: __________________________________________________________________________________ Name and address of owner: __________________________________________________________________ Name and current email and telephone number of person familiar with project: ________________________ Type of work: _______________________________________________________________________________ Contract Amount: $__________________________ Date Completed: __________________________________

Did your firm have any financial interest in Project? ________________________________________________

Reference Number 3:

Project Title: _______________________________________________________________________________ Location: __________________________________________________________________________________ Name and address of owner: __________________________________________________________________ Name and current email and telephone number of person familiar with project: ________________________ Type of work: _______________________________________________________________________________ Contract Amount: $__________________________ Date Completed: __________________________________

Did your firm have any financial interest in Project? ________________________________________________

West Basin Municipal Water District

Request for Bid

VENDOR REFERENCE FORM

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