Bid 26-2966-DP HVAC Controls Project at Eastlake Middle School.PDF

Purchasing and Business Support Services 1130 Fifth Avenue

Chula Vista, California 91911-2896

(619) 691-5540 - FAX (619) 426-2397

HVAC CONTROLS PROJECT AT EASTLAKE MIDDLE

SCHOOL

BID #26-2966-DP

Purchasing Manager: Donald Prince

Email: bids@sweetwaterschools.org

Bid Issue Date: September 19, 2025

Deadline for Submittal of Bid: October 21, 2025, before 10:30 a.m.

TABLE OF CONTENTS

1. Notice to Bidders

2. Instructions to Bidders

3. Bid Forms

4. Contract

5. Performance and Payment Bonds

6. General Conditions

7. Project Forms

NOTICE TO BIDDERS

SWEETWATER UNION HIGH SCHOOL DISTRICT

1. NOTICE TO BIDDERS

1. Notice is hereby given that the Sweetwater Union High School District’s (“District” or “SUHSD”)

Board of Trustees (“Board”) of the County of San Diego, State of California, will receive sealed informal bids for furnishing of all labor, materials, transportation, equipment, and services related to the removal of the existing control system installation followed by the installation of the contractor provided wireless thermostat control system for the heating, ventilation, and air conditioning (HVAC) at Eastlake Middle School (“Project”) up to, but not later than, 10:30: a.m., on October 21, 2025, and will thereafter publicly open and read aloud the bids. All bids shall be filed with District at the Purchasing Department, 1130 Fifth Avenue, Chula Vista, California 91911- 2896.

2. Each bid shall be completed on the Bid Proposal Form included in the Contract Documents and must conform and be fully responsive to this invitation, the plans and Specifications and all other Contract Documents. Copies of the bid package may be obtained from the District’s website after September 19, 2025. Go to www.sweetwaterschools.org; click on the ‘Departments’ heading; click on the ‘P’ tab; click on ‘Purchasing’; click on the ‘Vendor Info’ tab; click on ‘Bid Opportunities’; click on the ‘Vendor Registration Page’; and follow the instructions to register with DemandStar.

3. Award or Rejection of Bids. The contract will be awarded at District’s sole discretion. District reserves the right to reject any or all bids, and/or waive any bid informality. Further, District reserves the right to contract work with whomever and in whatever manner the District decides, or to abandon the work entirely. Award of this contract is contingent upon the availability of funds and/or the best interests of the District. The Sweetwater Union High School District may elect to award all, part, or none of this contract depending upon availability of funds and/or the best interests of the District.

4. In accordance with Public Contract Code section 20111, each bid shall be accompanied by cash, a cashier’s or certified check, or a bidder’s bond executed by an admitted surety insurer, made payable to the District, in an amount not less than ten percent (10%) of the maximum amount of the bid.

The bid security shall be given as a guarantee that the Bidder to whom the Contract is awarded will execute the Contract Documents and will provide the required payment and performance bonds and insurance certificates within ten (10) days after the notification of the award of the Contract.

5. This is a public works project, and the successful Bidder shall comply with the provisions of the

Labor Code pertaining to payment of the generally prevailing rate of wages and apprenticeships or other training programs. The California Department of Industrial Relations (“DIR”) has made available the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification or type of worker needed to execute the contract, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes.

Copies of these prevailing rates are available to any interested party upon request and are online at http://www.dir.ca.gov/DLSR. The Contractor and all Subcontractors shall pay not less than the specified rates to all workers employed by them in the execution of the Contract. It is the Contractor’s responsibility to determine any rate change. During the work and pursuant to Labor Code section 1771.4(a), the DIR shall monitor compliance with prevailing wage requirements and enforce the Contractor’s prevailing wage obligations.

6. The schedule of per diem wages is based upon a working day of eight (8) hours. The rate for holiday and overtime work shall be at least time and one half.

http://www.dir.ca.gov/DLSR

7. Each bid shall be submitted in a sealed envelope bearing on the outside the name of the Bidder and name of the project for which the bid is submitted, accompanied by an acceptable form of security and filed with District at the Purchasing Department, 1130 Fifth Avenue, Chula Vista, California 91911-2896 on or before October 21, 2025, BEFORE 10:30 a.m. (as shown on the Purchasing time stamp). Bids received after this time shall be returned unopened. Bids will be opened and read aloud on October 21, 2025, after 10:30 a.m.

8. Pursuant to Public Contract Code section 4100 et seq., each bid shall include the name, the location of the place of business, the California contractor license number, and public works contractor registration number of each Subcontractor who shall perform work or labor or render service or fabricate or install work for the contactor in excess of one-half of one percent (0.5%) of the contractor’s total bid price. The bid shall describe the type of work to be performed by each listed Subcontractor.

9. No bid may be withdrawn for a period of sixty (60) days after the date set for the opening for bids, except as provided by Public Contract Code section 5100 et seq.

10. The District reserves the right to reject any and all bids and to waive any informalities or irregularities in the bidding.

11. Minority, female, and disabled veteran contractors are encouraged to submit bids.

12. The Project is subject to compliance monitoring and enforcement by the DIR. In accordance with

Labor Code sections 1725.5 and 1770 et seq., all Bidders, contractors and subcontractors working at the site shall be registered with the DIR at the time the Contract is awarded and at all relevant times. Proof of registration shall be provided as to all such contractors and subcontractors prior to the commencement of any work. A bid proposal submitted without Bidder’s DIR registration verification duly completed and executed and/or without setting forth the DIR registration number for each Subcontractor identified in the Subcontractor List Form shall result in rejection of the bid proposal for non- responsiveness. See the DIR Registration Verification Form attached hereto

13. Pursuant to Public Contract Code section 3300, the District requires that each Bidder must possess one or more of, at the time the Contract is awarded, the following classifications of California State Contractor’s License: B, C-7, C-10 or C-20 Contractor's License.

The Contractor’s California State License number shall be clearly stated on the Bidder’s proposal.

Any Bidder not so duly and properly licensed shall be subject to all penalties imposed by law. No payment shall be made for work, labor, materials, or services provided under the Contract for the work unless and until the Registrar of Contractors verifies to the District that the Bidder awarded the Contract is properly and duly licensed to perform the work.

14. Pursuant to and in accordance with Labor Code section 1771.1, each Bidder shall be a DIR Registered

Contractor when submitting a bid proposal. The bid proposal of a Bidder who is not a DIR Registered Contractor shall be rejected for non-responsiveness. All Subcontractors identified in the Bidder’s Subcontractor List Form shall be DIR Registered Contractors at the time the bid proposal is submitted.

15. The District’s Board has found that the Project is substantially complex and therefore requires a standard retention amount of 5% of each progress payment, if applicable.

16. Site Walk. A mandatory pre-bid meeting followed by a mandatory site walk in compliance with

Public Contract Code section 6610 starting on Thursday, October 2, 2025, at 8:30 a.m. in the Maintenance Conference Room at 642 Arizona St., Chula Vista, CA 92911 proceeding to the job site as directed. NO EXCEPTIONS. Late arrivals are not permitted. The site walk shall not occur within a minimum of five (5) calendar days of the publication of the initial bid notice. Attendance is mandatory.

17. Payment Bond. A payment bond is required for a public works contract involving an expenditure in excess of twenty-five thousand dollars ($25,000.00). Separate payment and performance bonds, each in an amount equal to 100% of the total Contract amount, are required, and shall be provided to the District prior to execution of the Contract and shall be in the form set forth in the Contract Documents. All bonds (Bid, Performance, and Payment) must be issued by a California admitted surety insurer as defined in California Code of Civil Procedure section 995.120.

18. Bidder Qualifications. Bidders are required to demonstrate successful performance of work of similar size and scope as required by this contract in the past three (3) years.

Deanne Vicedo Clerk of the Governing Board Sweetwater Union High School District San Diego County, California

Dates Advertised: September 19, 2025, and September 26, 2025

CERTIFICATION OF CONTRACTOR AND SUBCONTRACTOR

DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION

Pursuant to Public Contract Code Section 1725.5, a contractor or subcontractor must be registered with the Department of Industrial Relations in order to bid on, to be listed in a bid proposal or to engage in the performance of any public work contract.

I certify that

(Name) (Title)

(Contractor Name) is currently registered as a contractor with the Department of Industrial Relations (DIR).

Contractor’s DIR Registration Number:

Expiration date June 30, 20

Contract further acknowledges:

1. Contractor shall maintain DIR registered status for the duration of the project without a gap in registration.

2. Contractor shall note in its invitation to bid the DIR’s registration requirement for all subcontractors and their subcontractors.

3. Contractor shall ensure that all subcontractors are registered at time of bid opening and maintain registered status for the duration of the project.

4. Contractor is to furnish DIR Registration Number for all subcontractors on the project within 24 hours of the bid opening.

5. Contractor shall substitute any subcontractor with a DIR registered contractor if listed subcontractor is unable to perform the work.

Failure to comply with any of the above may result in a determination of non-responsiveness.

I declare under penalty of perjury under California law that the foregoing is true and correct.

Signature

Date

INSTRUCTIONS TO BIDDERS 6

SWEETWATER UNION HIGH SCHOOL DISTRICT

2. INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS 7

INSTRUCTIONS TO BIDDERS

Each bid submitted to the Sweetwater Union High School District (“District”) for furnishing of all labor, materials, transportation, equipment, and services related to the removal of the existing control system installation followed by the installation of the contractor provided Pelican Wireless thermostat control system for the HVAC system at Eastlake Middle School (“Project”) shall be in accordance with the following instructions and requirements, which are part of the Contract Documents for this Project.

1. Scope of Work. The purpose of this bid is to provide the Sweetwater Union High School

District with a qualified contractor for furnishing of all labor, materials, transportation, equipment, and services related to the removal of the existing control system installation followed by the installation of the contractor provided Pelican wireless thermostat control system for the HVAC system at Eastlake Middle School (“Project”). The District does not guarantee any amount of work to be procured under this scope which may be decreased and/or increased at the sole discretion of the District.

2. Deadline for Receipt of Bids. Each bid shall be sealed and submitted to the District’s Purchasing Department no later than 10:30 a.m. (as shown on the Purchasing Department time stamp) on October 21, 2025. The District suggests that bids be hand delivered in order to ensure their timely receipt. Any bids received after the time stated, regardless of the reason, shall be returned, unopened, to the Bidder.

3. Securing Bid Package Documents. Copies of the bid package may be obtained on the

DemandStar website after September 19, 2025. Go to www.Demandstar.com. You must have a DemandStar account in order to view bid.

4. Schedule of Events.

Event Dates Mandatory Conference and Site Walk starting at the Maintenance Conference Room at 642 Arizona St., Chula Vista, CA 92911 proceeding to the job site as directed

October 2, 2025, at 8:30 a.m.

Requests for Clarifications to the Bid Documents Due October 7, 2025, by 11:00 a.m.

Responses to Requests for Clarifications Sent October 10, 2025, by 11:00 a.m.

Bids Due October 21, 2025, by 10:30 a.m.

District Awards Project at November Board Meeting November 10, 2025, at 6:00 p.m.

All times listed are in Pacific Time.

5. Site Walk. A mandatory pre-bid meeting followed by a mandatory site walk in compliance with Public Contract Code section 6610 starting on Thursday, October 2, 2025, at 8:30 a.m.

INSTRUCTIONS TO BIDDERS 8

in the Maintenance Conference Room at 642 Arizona St., Chula Vista, CA 92911 proceeding to the job site as directed, for the purpose of acquainting all prospective Bidders with the Contract Documents and the Project site.

6. Requests for Information. A Bidder’s failure to request clarification or interpretation of an apparent error, inconsistency or ambiguity in the Contract Documents waives that Bidder’s right to thereafter claim any entitlement to additional compensation based upon an ambiguity, inconsistency, or error, which should have been discovered by a reasonably prudent Contractor, subject only to the limitations of Public Contract Code section 1104.

To the fullest extent permitted by law, District expressly disclaims responsibility for assumptions a Bidder may draw from the presence or absence of information in the Bid Documents or Contract Documents. Any questions relative to the bid shall be in writing and directed to the SUHSD Purchasing Department via bids@sweetwaterschools.org or the address specified for receipt of bid proposals. These requests shall be submitted to the District at least ten (10) working days prior to the date the bid is due but no later than October 7, 2025, by 11:00 a.m.

7. Bid Proposal Forms. All bid proposals shall be made on the Bid Proposal Form provided by the District. All items on the Bid Proposal Form shall be filled out in ink. Numbers should be stated in both words and figures where so indicated; conflicts between a number stated in words and in figures are governed by the words. The signatures of all individuals must be in long hand. The completed form should be without interlineations, alterations, or erasures.

8. Execution of Forms. Each bid shall give the full business address of the Bidder and must be signed by the Bidder or Bidder’s authorized representative with his or her usual signature. Bids by partnerships must furnish the full names of all partners and must be signed in the partnership name by a general partner with authority to bind the partnership in such matters. Bids by corporations must be signed with the legal name of the corporation, followed by the signature and designation of the president, secretary, or other person authorized to bind the corporation in this matter. The name of each person signing shall also be typed or printed below the signature. When requested by the District, satisfactory evidence of the authority of the officer signing on behalf of the corporation or partnership shall be furnished. A Bidder’s failure to properly sign required forms may result in rejection of the bid. All bids must include the Bidder’s contractor license number(s) and expiration date(s).

9. Bid Security. In accordance with Public Contract Code section 20111, each bid shall be accompanied by cash, a cashier’s or certified check, or a bidder’s bond executed by an admitted surety insurer, made payable to the District, in an amount not less than ten percent (10%) of the maximum amount of the bid, inclusive of any additive alternate bid items. A bid bond shall be secured from an admitted surety company licensed in the State of California and satisfactory to the District. The bid security shall be given as a guarantee that the Bidder will enter into the Contract if awarded the work, and in the case of refusal or failure to enter into the Contract within ten (10) calendar days after notification of the award of the Contract or failure to provide the payment and performance bonds and proof of insurance as required by the Contract Documents, the District shall have the right to award the Contract to another Bidder and declare the bid security forfeited. The District

INSTRUCTIONS TO BIDDERS 9

reserves the right to pursue all other remedies in law or equity relating to such a breach including, but not limited to, seeking recovery of damages for breach of contract. Failure to provide bid security, or bid security in the proper amount, shall result in rejection of the bid proposal.

10. Withdrawal of Bid Proposals. Bid proposals may be withdrawn by the Bidders prior to the time fixed for the opening of bids, but may not be withdrawn for a period of sixty (60) days after the opening of bids, except as provided by Public Contract Code section 5100 et seq.

11. Addenda or Bulletins. The District reserves the right to issue addenda or bulletins prior to the opening of the bids. Any addenda or bulletins issued prior to bid time shall be considered a part of the Contract Documents. If the District issues any addenda during the bidding, the failure of any Bidder to acknowledge such addenda in its bid proposal shall render the bid rejected for non-responsiveness.

12. Bonds. The successful Bidder shall be required to submit payment and performance bonds as specified in and using the bond forms included with the Contract Documents. All required bonds shall be based on the maximum total contract price as awarded, including additive alternates, if applicable.

13. Rejection of Bids and Award of Contract. The District reserves the right to waive any irregularities in the bid and reserves the right to reject any and all bids. The Contract will be awarded, if at all, within sixty (60) calendar days after the opening of bids to the lowest responsible, responsive Bidder, subject to the Board’s approval. The time for awarding the Contract may be extended by the District with the consent of the lowest responsible, responsive Bidder.

14. Execution of Contract. The successful Bidder shall, within ten (10) calendar days of the

Notice of Award of the Contract, sign and deliver to the District the executed Contract along with the bonds and certificates of insurance required by the Contract Documents. In the event the successful Bidder fails or refuses to execute the Contract or fails to provide the bonds and certificates as required, the District may declare the Bidder’s bid deposit or bond forfeited as liquidated damages and may award the work to the next lowest responsible, responsive Bidder, or may reject all bids and, in its sole discretion, call for new bids. In all cases, the District reserves the right, without any liability, to cancel the award of Contract at any time prior to the full execution of the Contract.

15. Drawings and Specifications. All drawings, specifications and other documents used or prepared during the Project shall be the exclusive property of the District.

16. Interpretation of Drawings and Documents. Any person contemplating submitting a bid may submit to District’s authorized representative a written request for an interpretation thereof. Any interpretation or correction of the documents will be made by addendum duly issues and a copy of such addendum will be available on DemandStar. District will not be responsible for any other explanation or interpretations of the proposed documents. Any requests for information or questions relative to the bid shall be directed to the appropriate buyer at the address specified for receipt of bids.

INSTRUCTIONS TO BIDDERS 10

17. Bid Addenda/Clarification. If it becomes necessary for the District to revise any part of this Bid, or to provide clarification or additional information after the response documents are released, any interpretation or correction of the contract document will be made only by an Addendum duly issues and a copy of such Addendum will be available on DemandStar prior to the Bid Opening. Any Addendum issued during the time of bidding, or forming a part of the documents loaded to the Bid for the preparation of the proposal, shall me made a part of the contract. Proposers shall not contact any other employee, office, or representative of the District regarding this proposal. The District shall not be held liable for oral representations made by its officers, employees or agents. Failure to include all addenda with the bid documents may be sufficient cause for rejecting the bid.

18. Evidence of Responsibility. Upon the request of the District, a Bidder shall submit promptly to the District satisfactory evidence showing the Bidder’s financial resources, the Bidder’s experience in the type of work being required by the District, the Bidder’s availability to perform the Contract and any other required evidence of the Bidder’s qualifications and responsibility to perform the Contract. The District may consider such evidence before making its decision to award the Contract. Failure to submit requested evidence may result in rejection of the bid.

19. Taxes. Applicable taxes shall be included in the bid prices.

20. Bid Exceptions. Bid exceptions are not allowed. If the Bidder has a comment regarding the

Bid Documents or the scope of work, the Bidder shall submit those comments to the District pursuant to the schedule provided above. No oral or telephonic modification of any bid submitted will be considered and a sealed written modification may be considered only if received prior to the opening of bids. Emailed or faxed bids or modifications will not be accepted.

21. Bidder Qualifications. Bidders are required to demonstrate successful performance of work of similar size and scope as required by this contract in the past three (3) years.

22. Contractor’s License. District: (a) requires that the Bidder possess one or more of the following classification of contractor’s license and must maintain the license throughout the duration of the project (s): B, C-7, C-10 or C-20 (b) has determined that if the license classification specified in “(a)” is that of a “specialty contractor” (as defined in California Business and Professions Code Section 7058), the specialty contractor’s license so specified will, at a minimum, constitute a majority of the Work. All subcontractors shall have and maintain a current and valid contractor license of the required classification from the State of California. District requires that: (a) the Bidder be licensed in the State of California, (b) the Bidder’s license appear clearly on the bid, and (c) the license expiration date appear on the bid. No bids will be accepted from a Contractor who is not licensed in accordance with the law under the provisions of Division III, Chapter 9 of the Business and Professions Code of the State of California.

23. Subcontractors. Bidder shall set forth the name and address of the place of business for each subcontractor who will perform work, labor, furnish materials, or render service to

INSTRUCTIONS TO BIDDERS 11

the bidder on said contract, and each subcontractor licensed by the State of California who, under subcontract to bidder, specially fabricates and installs a portion of the work contained in the plans and specifications, in an amount in excess of one-half (1/2) of one percent (1%) of the Prime Contractor’s total bid, and the portion of the work to be done by such subcontractor in accordance with Public Contract Code Section 4104. Pursuant to the requirements of SB 1038 and California Labor Code Section 108.2, all employees performing electrical work for subcontractor holding an A AND/OR B license must be certified. If employees working on the project are found not to be certified, they shall be immediately removed. Failure to provide proof of this documentation on all subcontractors will be considered a violation and subject the subcontractor to corrective action up to and including being removed from the project.

24. Electrical Work. All electrical work, as defined in the National Electric Code, must be performed by a licensed contractor who, regardless of license classification, will certify that all work will be performed by California state-certified electricians and/or electrical apprentices who are registered in state-certified electrical apprenticeship programs in California. All low voltage work, as defined in the National Electrical Code, must be performed by a licensed contractor who, regardless of license classification, will certify that all work will be performed by California state-certified low-voltage journeymen holding a Voice Data Video (VDV) or Fire Life Safety (FLS) state certification and/or low voltage apprentices who are registered in state-certified electrical apprenticeship programs in California.

25. Discounts. Any discounts which the Bidder desires to provide the District must be stated clearly on the Bid Proposal Form itself so that the District can calculate the net cost of the bid proposal. Offers of discounts or additional services not delineated on the Bid Proposal Form will not be considered by the District in the determination of the lowest responsible, responsive Bidder.

26. Quantities. The quantities shown on the plans and Specifications are approximate. The

District reserves the right to increase or decrease quantities as desired.

27. Prices. Bidders must quote prices F.O.B. unless otherwise noted. Prices should be stated in the units specified and Bidders should quote each item separately.

28. Samples. On request, samples of any products being bid shall be furnished to the District.

29. Substitutions. In describing any item, the use of a manufacturer or brand does not restrict bidding to that manufacturer or brand but is intended only to indicate quality and type of item desired, except as provided in Public Contract Code section 3400. Substitute products may be considered either prior to or after the award of the Contract in accordance with section 3400 and as set forth in the Contract Documents. All data substantiating the proposed substitute as an “equal” item shall be submitted with the written request for substitution. The District reserves the right to make all final decisions on product and vendor selection.

SUBSTITUTION REQUESTS ARE DUE October 7, 2025, BY 11:00 A.M.

30. Container Costs and Delivery. All costs for containers shall be borne by the Bidder. All products shall conform to the provisions set forth in the federal, county, state and city laws

INSTRUCTIONS TO BIDDERS 12

for their production, handling, processing and labeling. Packages shall be so constructed to ensure safe transportation to the point of delivery.

31. Bid Negotiations. A bid response to any specific item of the bid using terms such as

“negotiable,” “will negotiate,” or similar phrases will be considered non-responsive.

32. Prevailing Law. In the event of any conflict or ambiguity between these instructions and state or federal law or regulations, the latter shall prevail. All equipment to be supplied or services to be performed under the bid proposal shall conform to all applicable requirements of local, state and federal law, including but not limited to Labor Code sections 1771, 1778 and 1779.

33. Allowances. An “allowance” means an amount included in the bid proposal for work that may or may not be included in the Project, depending on conditions that will become known only after the Project is underway.

34. Subcontractors. Pursuant to the Subletting and Subcontracting Fair Practices Act, Public

Contract Code sections 4100 et seq., every Bidder shall, on the enclosed Subcontractor List Form, set forth:

a. The name, the location of the place of business, the California contractor license number, and public works contractor registration number of each Subcontractor who shall perform work or labor or render service or fabricate or install work for the contactor in excess of one-half of one percent (0.5%) of the contractor’s total bid price.

b. If the Bidder fails to specify a Subcontractor for any portion of the work to be performed under the Contract in excess of one-half of one percent (0.5%) of the Bidder’s total bid, Bidder agrees that Bidder is fully qualified to and shall perform that portion of the work. The successful Bidder shall not, without the written consent of the District or compliance with Public Contract Code section 4100 et seq., either:

1) Substitute any person as Subcontractor in place of the Subcontractor designated in the original bid;

2) Permit any subcontract to be voluntarily assigned or transferred or allow the work to be performed by anyone other than the original Subcontractor listed in the bid; or

3) Sublet or subcontract any portion of the work in excess of one-half of one percent (0.5%) of the Contractor’s total bid as to which the Contractor’s original bid did not designate a Subcontractor.

35. Examination of Contract Documents and Work Site. Before submitting a bid proposal, all

Bidders shall carefully examine the Contract Documents, including the plans and Specifications, and must visit the site of the proposed work, and are strongly advised to fully inform themselves of all conditions in and about the work site, as well as applicable federal, INSTRUCTIONS TO BIDDERS 13 state and local laws and regulations that may affect the work. No Bidder shall visit the site, outside the mandatory site walk, without prior authorization of the District.

36. Form and Approval of Contract. The Contract Documents must be approved by the Board and its legal counsel. The Bidder selected by the District shall execute the contract provided by the District.

37. Licenses and Permits. Each Bidder shall at all times possess all appropriate and required licenses or other permits to perform the work as identified in the Contract Documents.

Upon request, each Bidder shall furnish the District with evidence demonstrating possession of the required licenses or permits.

38. Denial of Right to Bid. Contractors or Subcontractors who have violated state law governing public works, pursuant to Labor Code section 1770 et seq., shall be denied the right to bid on this public works contract.

39. Bidders Interested in More Than One Bid. No person, contractor, or corporation shall make, or file, or be interested in more than one bid. However, a person, contractor, or corporation that has submitted a sub-proposal to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Bidders or from submitting a prime proposal. The form of Non-Collusion Declaration included in the Contract Documents shall be completed and duly executed on behalf of the Bidder. The failure of a Bidder to submit a completed and executed Non- Collusion Declaration with its Bid shall render the Bid non-responsive.

40. Contractors State License Board. Contractors and Subcontractors are required by law to be licensed and regulated by the California Contractors State License Board.

41. Additive and Deductive Items: Method of Determining Lowest Bid. Pursuant to Public Contract Code section 20103.8, if the bid solicitation includes additive and/or deductive items, the method checked [X] below shall be used to determine the lowest

_XXX_ (a) The lowest bid shall be the lowest bid price on the base contract without consideration of the prices on the additive or deductive items.

_____(b) The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that were specifically identified in the bid solicitation or Bid Proposal Form as being used for the purpose of determining the lowest bid price.

(c) The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that when taken in order from a specifically identified list of those items in the solicitation, and added to, or subtracted from, the base contract, are less than, or equal to, a funding amount publicly disclosed by the District before the first bid is opened.

(d) The lowest bid shall be determined in a manner that prevents any information that would identify any of the Bidders or the proposed Subcontractors or suppliers from being revealed to the District before the ranking of all Bidders from lowest to highest has

INSTRUCTIONS TO BIDDERS 14

been determined.

If no method is checked, sub-paragraph (a) shall be used to determine the lowest bid.

Notwithstanding the method used by the District to determine the lowest responsible, responsive Bidder, the District retains the right to add to or deduct from the Contract any of the items included in the bid solicitation.

42. Public Records Act. Responses to the Bid Documents will become the property of the District and subject to the California Public Records Act, Government Code section 6250 et seq. Those elements in each response that are trade secrets as that term is defined in Civil Code section 3426.1(d) or otherwise exempt by law from disclosure and which are prominently marked as “TRADE SECRET,” “CONFIDENTIAL,” or “PROPRIETARY” may not be subject to disclosure. The District shall not be liable or responsible for the disclosure of any such records including, without limitation, those so marked if disclosure is deemed to be required by law or by an order of the Court. Any responses that indiscriminately identify all or most of its response as exempt from disclosure without justification may be deemed non-responsive. In the event the District is required to defend an action on a Public Records Act request for any of the contents of a response marked “Confidential,” “Trade Secret,” or “Proprietary,” each respondent agrees, by submission of its response for the District’s consideration, to defend and indemnify the District, its Board, employees, agents, and assigns, from all costs and expenses, including attorney’s fees, in any action or liability arising under the Public Records Act.

43. Quality. All equipment and materials used in the installation should be new. Used, refurbished or repurposed equipment or material will not be acceptable.

44. Code of Conduct. From the period beginning on the date of the issuance of this Bid and ending on the date of the award of the contract, no person, or entity submitting in response to this Bid, nor any officer, employee, representative, agent, or consultant representing such a person or entity shall contact through any means or engage in any discussion regarding this Bid, the evaluation or selection process/or the award of the contract with any member of the District, Governing Board, selection members, or any member of the Citizens Oversight Committee. Any such contact shall be grounds for disqualification of the Contractor submitting a Bid.

45. Protesting Bids. The district procedure for bid protests and bids deemed non-responsive must be followed by any bidder who believes a bid award recommendation is not consistent with Board policies and administrative regulations, not within the published specifications and contract language, or is not in compliance with law.

The purchasing department will oversee these procedures and will facilitate necessary district correspondence.

A governing body or its authorized representative is not liable for any costs, expenses, attorney’s fees, loss of income or other damages sustained by a bidder, whether or not the bidder files a bid protest or is deemed non-responsive pursuant to this section.

INSTRUCTIONS TO BIDDERS 15

For all bids requiring California Contractors State License Board (CSLB) license or California Department of Industrial Relations (DIR) registration, without limitation to any other basis for protest, an inadvertent error in listing the California contractor’s CSLB license number or DIR registration number on the Designated Subcontractor List shall not be grounds for filing a bid protest or grounds for considering a bid nonresponsive if:

a) For CSLB license numbers: the correct contractor’s CSLB license number is submitted to the district within 24 hours after the bid opening and the corrected number corresponds with the submitted name and location for that subcontractor; or

b) For DIR Registration numbers: (i) the subcontractor is DIR registered prior to the bid opening; (ii) The subcontractor is DIR registered and has paid the penalty registration fee within 24 hours after the bid opening; or (iii) The subcontractor is replaced by another DIR registered subcontractor pursuant to Public Contract Code section 4107.

46. Protesting Bids Deemed Non-Responsive. A bidder, upon district written notification via e-mail of being deemed non-responsive, will be provided the opportunity to submit a written response via e-mail to bids@sweetwaterschools.org within a written response deadline of two (2) business days from receipt of district’s written notification.

a) The written response e-mail must include all supporting reasons and documentation for district consideration. Should a bidder submit their written response in more than one e-mail, then by the end of the bidder’s written response deadline the bidder must submit one final and cumulative e-mail to bids@sweetwaterschools.org, which must: (i) have the subject line, “Final and Cumulative Response to Being Deemed Non-Responsive,” and (ii) include all supporting reasons, documentation and previous communications for district consideration. No further areas of consideration and documentation will be accepted from the bidder, unless the district requests further documentation or clarification.

The district will issue to the bidder a final written determination on the matter via e-mail within three (3) business days from the bidder’s written response deadline.

Failure by bidders to comply with this paragraph’s procedures shall constitute a waiver of any right to further pursue an appeal of the bid being deemed non-responsive, including filing a Government Code Claim or legal proceedings.

47. Bid Protest. Any bid protest must be submitted in writing via e-mail to bids@sweetwaterschools.org within a bid protest deadline of five (5) business days from bid opening and shall comply with District Administrative Regulation AR 3311.

(https://simbli.eboardsolutions.com/Policy/ViewPolicy.aspx?S=36030221&revid=CyqxQ zeTOt6FcgRo5rOprQ==&ptid=amIgTZiB9plushNjl6WXhfiOQ==&secid=y1ZW0qRGj EafuplusqEjNeK2Q==&PG=6&IRP=0&isPndg=false)

a. Only those bidders who submitted a bid will be allowed to protest an award.

INSTRUCTIONS TO BIDDERS 16

b. All other bidders must be concurrently carbon copied (CCed) on the bid protest e-mail utilizing e-mail addresses listed on the other bidders’ respective bid form and proposal documents

c. The bid protest e-mail must include all supporting reasons and documentation for district consideration. Should a protesting bidder submit their bid protest in more than one e-mail, then by the end of the bid protest deadline, the protesting bidder must submit one final and cumulative bid protest e-mail to bids@sweetwaterschools.org , which must: (i) have all other bidders CCed, as previously mentioned, (ii) have the e-mail subject line, “Final and Cumulative Bid Protest,” and (iii) include all supporting reasons, documentation and previous communications for district consideration. No further supporting reasons and documentation will be accepted from the protesting bidder, unless the district requests further documentation or clarification.

d. A protested bidder may submit a bid protest response in writing via e-mail to bids@sweetwaterschools.org within a bid protest response deadline of two (2) business days from the bid protest deadline.

The bid protest response e-mail must include all supporting reasons and documentation for district consideration. Should a protested bidder submit their bid protest response in more than one e-mail, then by the end of the bid protest response deadline the protested bidder must submit one final and cumulative bid protest response e-mail to bids@sweetwaterschools.org, which must: (i) have the subject line, “ Final and Cumulative Bid Protest Response,” and (ii) include all supporting reasons, documentation and previous communications for district consideration.

No further supporting reasons and documentation will be accepted from the protested bidder, unless the district requests further documentation or clarification.

e. The district will issue a final written determination on the matter via e-mail within five (5) business days from the bid protest deadline to both the protesting bidder and protested bidders.

Failure by bidders to comply with this paragraph’s procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings.

[END OF INSTRUCTIONS TO BIDDERS]

mailto:bids@sweetwaterschools.org mailto:bids@sweetwaterschools.org

INSTRUCTIONS TO BIDDERS 17

SWEETWATER UNION HIGH SCHOOL

DISTRICT

3. BID FORMS

INSTRUCTIONS TO BIDDERS 18

SCOPE OF WORK

Bid #26-2966-DP

HVAC CONTROLS PROJECT AT EASTLAKE MIDDLE SCHOOL

1. Project

The purpose of this bid is to provide the Sweetwater Union High School District with a qualified HVAC contractor for the removal of the existing control system installation followed by the installation of the contractor-provided Pelican, or pre-approved equal, wireless thermostat control system outlined in the Scope of Work.

Attachment A is a table of provided information that the District has available about the specifics of the installation for each HVAC unit to help guide the contractor. It is the contractor’s responsibility to verify the information in Attachment A is correct and that the bid for this project encompasses all costs associated with demolishing, furnishing, and installing a new BAS system to control all HVAC units listed in Attachment A. Attachment A shows which units have powered exhaust, which of those powered exhaust units need a PEARL Economizer Control module added, and information regarding the location and area served for each HVAC unit. For the units that have economizers, the outside air damper actuators will need to be checked to see if the existing actuators have full feedback control. If the current dampers do not have full feedback control, the outside air damper actuators will need to be replaced with Belimo damper actuators. If the existing actuator has full feedback control and is compatible with Pelican thermostats, then the existing actuator will not need to be replaced. In addition, every HVAC unit that has a supply duct will need a Pelican supply air duct temperature sensor installed and tied to the Pelican system. It is the responsibility of the contractor to verify the correct size Belimo actuator needed for the HVAC units that need to have the damper actuator replaced and to verify which units will need new Belimo damper actuators. It is also the responsibility of the contractor to verify which units currently have economizers, using Attachment A as a guide only. If a VRF system is included within the scope of work, all equipment, hardware, and labor necessary for installing a new Pelican wireless BAS system for the VRF is considered part of the Project Scope of Work. This VRF system will need to be capable of setting schedules and setpoints within the Pelican Wireless system. If a VRF is listed in Attachment A, one thermostat will be required per fan coil unit. All thermostats will need an insulation shield installed behind the thermostat for optimal temperature readings. It is the responsibility of the Contractor to confirm how many fan coil units are associated with each VRF when preparing their bid.

The thermostats communicate throughout the campus via a wireless mesh network. The District IT department will designate the location of the Gateway. The gateway will be installed by the District before the project starts, so the gateway should not be included as part of the bid.

Wireless repeater count and location will be the responsibility of the selected contractor.

Contractors will be allowed to walk the campus during the bid walk to verify the information in

INSTRUCTIONS TO BIDDERS 19

Attachment A and ask any questions necessary for each contractor to provide the best bid possible.

The chosen respondent will provide full commission as described later in the scope of work.

Respondent will provide all specifications and locations on a drawing (provided floorplan) where installed.

2. Project Scope

PART 1 GENERAL

1.0 APPROVED BUILDING AUTOMATION SYSTEM MANUFACTURERS

A. Pelican Wireless Systems

1.1 SUBMITTALS

A. All submittals shall be provided digitally with a table of contents and related section tabs. All submittals shall be submitted to the Project Manager for distribution and review prior to equipment ordering.

B. Submit submittal data and shop drawings to the Project Manager for review prior to ordering or fabrication of the equipment. The Contractor prior to submitting shall check all documents for accuracy.

C. The Project Manager will make corrections, if required, and return to the Contractor. The Contractor will then resubmit with the corrected or additional data. This procedure shall be repeated until all corrections are made to the satisfaction of the Project Manager and the submittals are fully approved prior to ordering equipment.

1.2 SYSTEM STARTUP & COMMISSIONING

A. Each HVAC controls component in the system shall be tested for both hardware and software functionality. In addition, each mechanical and electrical system under control of the Building Automation System (BAS) will be tested against the appropriate sequence of operation as specified by IES and approved by the District. Documentation shall be provided to the District that proves installation and testing has been completed and points out any mechanical issues found which are not related to the installation of the BAS. Successful completion of the system tests shall constitute the beginning of the warranty period.

B. Upon completion of installation, digital copies of record documents shall be submitted for approval prior to final completion and include:

INSTRUCTIONS TO BIDDERS 20

1. Testing and Commissioning Reports and Checklists signed off by trained field commissioning personnel.

2. Name, address, and telephone number of Contractor personnel managing and installing equipment, along with service personnel responsible for supporting the ongoing warranty and services of the control system.

3. Procedures for operating the BAS, including logging on/off, alarm management, reading reports, trends, modification of setpoints, scheduling, and other interactive system requirements.

4. Provide information on how to receive support and communicate that they are a direct supporting resource. Contact information for Technical Support is to be provided.

1.3 OPERATING AND MAINTENANCE MANUALS

A. The operation and maintenance manuals shall contain all information necessary for the purchase, operation, maintenance, replacement, installation, and parts procurement for the entire BAS.

B. Following project completion and testing, the HVAC controls contractor will submit as-built documentation reflecting the exact installation of the system as defined within Section 1.

1.4 WARRANTY

A. The HVAC controls contractor shall warrant the system for 24 months after system acceptance and beneficial use by the District. During the warranty period, the HVAC controls contractor shall be responsible for all necessary revisions as required to provide a complete and workable system consistent with the letter and intent of the Scope of Work and manufacturer’s specifications. BAS equipment shall include a limited warranty by the manufacturer for a period of five (5) years from the time of system acceptance.

B. Limited warranty by manufacturer is limited to replacement of defective products.

1.5 ADDITIONAL WORK

A. Low-voltage thermostat wiring between equipment and thermostat locations shall be reused from the existing wiring wherever possible. If any new wiring needs to be installed, the new wiring must be accounted for within the bid and meet the following requirements:

1. Wiring shall be a minimum of three (3) conductor/18-gauge wires, multiple conductor/18-gauge thermostat wiring (see Thermostat Manufacturer’s Installation

INSTRUCTIONS TO BIDDERS 21

Instructions for specific conductor counts depending on heating and cooling modes of existing equipment.)

B. If necessary, high-voltage (118V-600V) electrical wiring between equipment and thermostat locations will need to be converted to low-voltage wiring for Pelican thermostat communication and power. It is the responsibility of the contractor to verify if any high-voltage work is necessary and to include all equipment, hardware, and labor necessary to complete the installation of the thermostats controlling the HVAC units within the Scope of Work.

C. Related work:

1. 110V outlets are located within five (5) feet of the Wireless Repeater location(s).

1.6 CODE COMPLIANCE

A. Provide EMS components and ancillary equipment which are code compliant.

B. All wiring shall conform to the National Electrical Code.

C. All products of the EMS shall reside with the following agency approvals.

1. California 2013 Title 24 Compliant.

2.…