PROJECT MANUAL

CONTRACTUAL – LEGAL REQUIREMENTS

TECHNICAL SPECIFICATIONS

FOR

YOSEMITE COMMUNITY COLLEGE DISTRICT

FOR

MODESTO JUNIOR COLLEGE - EAST CAMPUS

FLEET VEHICLE ELECTRIC CHARGERS

Project No.: 26-13600

District Bid No.: 27-1985

DSA File No.: N/A

DSA Appl. No.: N/A

Set No.:

SERVING

MODESTO JUNIOR COLLEGE - COLUMBIA COLLEGE

INVITATION TO BID

MODESTO JUNIOR COLLEGE

EAST CAMPUS

FLEET VEHICLE ELECTRIC CHARGERS

BID#: 27-1985

NO BIDS WILL BE RECEIVED AFTER 4:00PM ON JULY 31, 2026

WHERE TO SUBMIT YOUR BID:

YCCD PLANETBIDS PORTAL: https://www.yosemite.edu/purchasing/bid-rfp_main.html

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MODESTO JUNIOR COLLEGE EAST CAMPUS

FLEET VEHICLE ELECTRIC CHARGERS BID# 27-1985

Project Manual

CONSTRUCTION DOCUMENTS Division 00 - 3

DOCUMENT 00 01 05

SIGNATURE PAGE

Architect James E. Hickman, Jr.

TETER

7535 North Palm Ave., Suite 201 Fresno, California 93711 Phone: (559) 437-0887 Fax: (559) 438-7554

Electrical Engineer Brendan Kolts

TETER

7535 North Palm Ave., Suite 201 Fresno, California 93711 Phone: (559) 437-0887 Fax: (559) 438-7554

FLEET VEHICLE ELECTRIC CHARGERS BID# 27-1985

CONSTRUCTION DOCUMENTS Division 00 - 4

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FLEET VEHICLE ELECTRIC CHARGERS BID# 27-1985

CONSTRUCTION DOCUMENTS Division 00 - 5

SECTION 000110

TABLE OF CONTENTS

DIVISION 00 CONTRACT DOCUMENTS PAGES

Procurement and Contracting Requirements Division 00 Section Title 00 01 01 Title Page 00 01 05 Signature Page 00 01 10 Table of Contents

Advertisements and Invitations Division 00 Section Title 00 11 13 Notice to Contractors

Instructions for Procurement Division 00 Section Title 00 21 13 Instructions to Bidders

Available Information

Procurement Forms and Supplements Division 00 Section Title 00 41 13 Bid Form and Proposal 00 43 13 Bid Bond 00 43 36 Designated Subcontractors List 00 45 19 Non-Collusion Affidavit 00 45 26 Worker’s Compensation Certification 00 45 46.01 Prevailing Wage and Related Labor Requirements Certification 00 45 46.02 Verification Of Contractor And Subcontractors' DIR Registration 00 45 46.03 Drug-Free Workplace Certification 00 45 46.04

00 45 46.05 Iran Contracting Act Certification Hazardous Materials Certification

00 45 46.06 Lead-Based Paint Certification 00 45 46.07 Imported Materials Certification

Contracting Forms and Supplements Division 00 Section Title 00 51 00 Notice of Award to Contractor 00 52 13 Agreement 00 55 00 Notice to Proceed 00 56 00 Escrow Bid Documentation 00 57 00 Escrow Agreement for Security Deposits in Lieu of Retention

00 31 00

Existing Conditions

FLEET VEHICLE ELECTRIC CHARGERS BID# 27-1985

CONSTRUCTION DOCUMENTS Division 00 - 6

Bond Forms

00 61 00 13.13 Performance Bond 00 61 00 13.16 Payment Bond (Contractor’s Labor and Material Bond) 00 65 00 19.26 Agreement and Release of Any and All Claims 00 65 36 Guarantee Form

Conditions of the Contract 00 72 00 General Conditions

1. Contract Terms and Definitions

1.1 Definitions

1.2 Contract Documents

1.3 Laws Concerning The Contract

1.4 No Oral Agreements

1.5 No Assignment

1.6 No Waiver

1.7 Materials and Work

2. District

2.1 Occupancy

2.2 District’s Right to Perform Work

3. Architect

4. Construction Manager

5. Inspections, and Tests

5.1 Project Inspector

5.2 Tests and Inspections

5.3 Costs for After Hours and/or Off Site Inspections

6. Contractor

6.1 Status Of Contractor

6.2 Contractor’s Supervision

6.3 Duty to Provide Fit Workers

6.4 Documents on Work

6.5 Preservation of Records

6.6 Obtaining of Permits and Licenses

6.7 Work to Comply With Applicable Laws and Regulations

6.8 Safety/protection of Persons and Property

6.9 Working Evenings and Weekends

6.10 Cleaning Up

7. Subcontractors

8. Other Contracts/Contractors

9. Drawings and Specifications

9.1 Specifications

9.2 Ownership of Drawings

9.3 Detail Drawings and Instructions

9.4 Interpretation of Contract Documents

10. Contractor ‘s Submittals and Schedules

10.1 Schedule of Work, Schedule of Submittals and Schedule of Values

10.2 Material Safety Data Sheets (MSDS)

11. Site Access, Conditions, and Requirements

FLEET VEHICLE ELECTRIC CHARGERS BID# 27-1985

CONSTRUCTION DOCUMENTS Division 00 - 7

11.1 Site Investigation

11.2 Access to Work

12. Insurance and Bonds

12.1 Insurance

12.2 Contractor Security - Bonds

13. Warranty / Guarantee / Indemnity

13.1 Warranty/Guarantee

13.2 Indemnity

14. Time

14.1 Notice to Proceed

14.2 Computation of Time /Adverse Weather

14.3 Hours of Work

14.4 Progress and Completion

15. Extensions of Time – Liquidated Damages

15.1 Liquidated Damages

15.2 Excusable Delay

15.3 Float or Slack in the Schedule

16. Changes in the Work

16.1 No Changes Without Authorization

16.2 Architect Authority

16.3 Change Orders

16.4 Construction Change Directives

16.5 Force Accounts Directives

16.6 Proposal Request

16.7 Proposed Change Order

16.8 Format for Proposed Change Order

16.9 Deductive Change Orders

16.10 Change Order Certification

16.11 Failure to Agree on a Cost

16.12 Discounts, Rebates, and Refunds

16.13 Accounting Records

16.14 Notice Required

16.15 Applicability to Subcontractors

16.16 Alteration to Change Order Language

16.17 Failure of Contractor to execute Change Order

17. Request For Information

18. Payments

18.1 Applications for Progress Payments

18.2 Subcontractor Payments

19. Completion of the Work

19.1 Completion

19.2 Punch List

19.3 Close-Out Requirements

19.4 Final Inspection

19.5 Partial Occupancy or Use Prior to Completion

20. Final Progress Payment and Retention

20.1 Final Progress Payment

20.2 Retention

20.3 Substitution of Securities

21. Uncovering of Work

22. Nonconforming Work and Correction of Work

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CONSTRUCTION DOCUMENTS Division 00 - 8

22.1 Correction of Work

23. Termination and Suspension

23.1 District’s Right to Terminate Contractor for Cause

23.2 Notification of Termination

23.3 Termination of Contractor for Convenience

24. Claims and Disputes

24.1 Performance During Claim Process

24.2 Definition of Claim

24.3 Claim Presentation

24.4 Claim Resolution

25. Labor, Wage & Hour, Apprentice, And Related Provisions

25.1 Labor Compliance Program

25.2 Wage Rates, Travel, and Subsistence

25.3 Hours of Work

25.4 Apprentices

25.5 Non-Discrimination

25.6 Labor First Aid

26. Miscellaneous

26.1 Assignment of Antitrust Actions

26.2 Excise Taxes

26.3 Taxes

26.4 Shipments

00 73 13 Special Conditions Contractor Notification For Asbestos and Lead Containing Materials Buy American Certificate

DIVISION 01 GENERAL REQUIREMENTS PAGES

010270 CONTRACTOR’S APPLICATION FOR PAYMENT FORM………………………… . 5

011100 SUMMARY OF WORK

011103 ADDENDA

012100 ALLOWANCES

012500 SUBSTITUTION PROCEDURES

012600 CONTRACT MODIFICATION PROCEDURES

012613 REQUEST FOR INFORMATION (RFI)

012900 PAYMENT PROCEDURES

013113 PROJECT MANAGEMENT AND COORDINATION

013119 PROJECT MEETINGS

013200 CONSTRUCTION PROGRESS DOCUMENTATION

013300 SUBMITTAL PROCEDURES

014000 QUALITY AND TESTING REQUIREMENTS

014200 REFERENCES…………………………………………………………………………… 4

015000 TEMPORARY FACILITIES AND CONTROLS

015116 FIRE SAFETY DURING CONSTRUCTION …………………………………………. . 13

016000 PRODUCT REQUIREMENTS

017300 EXECUTION

017419 CONSTRUCTION WASTE AND DISPOSAL

017700 CLOSEOUT PROCEDURES

017823 OPERATION AND MAINTENANCE DATA…………………………………………… 8

FLEET VEHICLE ELECTRIC CHARGERS BID# 27-1985

CONSTRUCTION DOCUMENTS Division 00 - 9

017836 WARRANTIES

017839 PROJECT RECORD DRAWINGS

017900 DEMONSTRATION AND TRAINING…………………………………………………. . 4

DIVISION 02 EXISTING CONDITIONS PAGES

024119 SELECTIVE DEMOLITION

DIVISION 03 CONCRETE PAGES

033000 CAST-IN-PLACE CONCRETE

DIVISIONS 04 PAGES

NOT USED

DIVISION 05 METALS PAGES

055000 METAL FABRICATIONS

DIVISIONS 06 - 10 PAGES

NOT USED

DIVISION 11 EQUIPMENT PAGES

111136 ELECTRIC VEHICLE CHARGING EQUIPMENT

DIVISIONS 12 - 25 PAGES

NOT USED

DIVISION 26 ELECTRICAL PAGES

260000 SUMMARY OF ELECTRICAL WORK

260010 GENERAL CONDITIONS FOR ELECTRICAL WORK

260500 BASIC ELECTRICAL MATERIALS AND METHODS

260526 GROUNDING

262213 DRY-TYPE TRANSFORMERS (600 V AND LESS)

262413 SWITCHBOARDS

262416 PANELBOARDS

269500 ELECTRICAL ACCEPTANCE TESTS

DIVISIONS 27-33 PAGES

NOT US0ED

DIVISION 31 EARTHWORK PAGES

312000 EARTHWORK

312005 TRENCHING

DIVISION 32 EXTERIOR IMPROVEMENTS PAGES

321700 PAVING SPECIALTIES

APPENDIX PAGES

APPENDIX 01 - MODESTO JUNIOR COLLEGE – EAST CAMPUS MAP

FLEET VEHICLE ELECTRIC CHARGERS BID# 27-1985

CONSTRUCTION DOCUMENTS Division 00 - 10

END OF SECTION

FLEET VEHICLE ELECTRIC CHARGERS BID# 27-1985

CONSTRUCTION DOCUMENTS Division 00 - 11

DOCUMENT 00 11 13

NOTICE TO CONTRACTORS

Notice is hereby given that the governing board (“Board”) of the Yosemite Community College District (“District”) will receive bids for the following project:

BID #: 27-1985: MODESTO JUNIOR COLLEGE: EAST CAMPUS- FLEET VEHICLE ELECTRIC

CHARGERS

Bids will be received no later than 4:00PM on July 31, 2026, via PlanetBids. All bids shall be submitted electronically through the PlanetBids Vendor portal to be accepted. Incomplete, late, inaccurate, or untrue responses or information provided therein by a bidder shall be grounds for the District to reject such submissions for non-responsiveness. Bids shall be valid for a period of 90 calendar days from the Due Date.

Bids must be electronically submitted on the forms prepared by the District and included in the contract documents located on PlanetBids Vendor portal.

Contractors and subcontractors are encouraged to register with the District as a California Uniform Construction Cost Accounting Commission (“CUPCCAA”) approved contractor and encouraged to prequalify for this project and other CUPCCAA projects by completing the form available at: PlanetBids.

The engineer’s estimate is $175,000

The project scope of work includes the addition of a new transformer, panelboard and conduit/wire trenching to serve (2) new dual port electric vehicle chargers and provisions for (3) future dual port and (1) future single port electric vehicle chargers.

To bid on this Project, the Bidder is required to possess at a minimum the following State of California Contractor License and Certification: A California Class “B”, contractor’s license is required to Bid this contract. The Bidder’s license(s) must remain active and in good standing throughout the term of the Contract.

A bid bond by an admitted California surety insurer on the form provided by the District in the amount of ten percent (10%) of the total bid price, shall accompany the Bid Form and Proposal, as a guarantee that the Bidder will, within seven (7) days after the date of the Notice of Award, enter into a contract with the District for the performance of the services as stipulated in the bid.

The successful Bidder shall be required to furnish a 100% Performance Bond and a 100% Payment Bond if it is awarded the contract for the Work. The successful Bidder may substitute securities for any monies withheld by the District to ensure performance under the Contract, in accordance with the provisions of section 22300 of the Public Contract Code.

The Contractor and all Subcontractors under the Contractor shall pay all workers on all work performed pursuant to this Contract not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the Department of Industrial Relations, State of California, for the type of work performed and the locality in which the work is to be performed within the boundaries of the District, pursuant to sections 1770 et seq. of the California Labor Code. Prevailing wage rates are also available from the District or on the Internet at:

<http://www.dir.ca.gov>. If this Project is funded in whole or in part with State bond funds, the District and/or its designee will be operating a labor compliance program on this Project pursuant to Labor Code section 1771.7.

FLEET VEHICLE ELECTRIC CHARGERS BID# 27-1985

CONSTRUCTION DOCUMENTS Division 00 - 12

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russia’s actions in Ukraine. The EO is located at: https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf . As a contractor with the Yosemite Community College District, compliance with this EO is required. This includes, but is not limited to, the federal executive orders identified in the EO, as well as the sanctions identified on the US Department of Treasury web site: https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions Failure to comply may result in termination of the contract, as applicable.

This Project is subject to labor compliance monitoring and enforcement by the Department of Industrial Relations pursuant to Labor Code section 1771.4 and subject to the requirements of Title 8 of the California Code of Regulations. The Contractor and all Subcontractors under the Contractor shall furnish electronic certified payroll records directly to the Labor Commissioner weekly or within (10) days of any request by the District or the Labor Commissioner. The successful bidder shall comply with all requirements of Division 2, Part 7, Chapter 1, of the Labor Code.

Pursuant to SB 854, no contractor or subcontractor may be listed on a bid for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations (DIR) and no contractor or subcontractor may be awarded a contract for a public works project (awarded on or before April 1, 2015) unless registered with the DIR per California Labor Code section 1725.5.

A pre-bid conference and site visit will be held on July 14, 2026 at 10:30 AM at the Modesto Junior College, East Campus located at 435 College Ave., Modesto, CA 95305. All participants are required to sign in. All participants shall meet at the East Campus, Parking Lot 109, adjacent to the “Classroom Annex” building. (see campus map in the Appendix). The pre-bid conference is expected to take approximately one hour. This conference is strongly recommended for all bidders but is not mandatory.

Contract Documents are available for review and distribution on PlanetBids. Bidders are solely responsible for on-time electronic submission of their bid through PlanetBids. It is the bidder's sole responsibility to contact Yosemite Community College District’s online bid management provider, PlanetBids at 818-992-1771, to resolve any technical issues related to electronic bidding, including (but not limited to) registering as a vendor, updating passwords, updating profiles, uploading/downloading documents, submitting an electronic Proposal, and for the stability of their internet service, prior to bid due date and time. To obtain further bid information call the Purchasing Department at (209) 575-6521. For project specific information, contact TETER Architects and Engineers at (559) 437-0887, or email:

jamie.hickman@teterae.com with a courtesy copy michelle.sierra@teterae.com.

The District will only consider bids that have been transmitted successfully and have been issued an ebid confirmation number (VBID) with a timestamp from the bid management system. Transmission of bids by any other means will not be accepted.

Failure of Bidder to submit an electronic bid shall be the bidder’s sole risk and no relief will be granted.

Bidders experiencing technical difficulties shall contact PlanetBids at (818) 992-1771 for technical difficulties or help with the bid submission process.

Bids must be complete and responsive to all portions of the Contract Documents. Bids must be submitted on the District’s Bid Forms. Any addenda will be posted on PlanetBids (“Website”). Bidders must check the Website on a daily basis through the Due Date for any applicable addenda or updates. The District does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading, or printing of the Bid Documents. Information on PlanetBids may change without notice to prospective bidders. The Contract Documents shall supersede any information posted or transmitted by PlanetBids.

Trevor Stewart, Vice Chancellor of Administrative Services

Published: 07/01/2026

FLEET VEHICLE ELECTRIC CHARGERS BID# 27-1985

CONSTRUCTION DOCUMENTS Division 00 - 13

DOCUMENT 00 21 13

INSTRUCTIONS TO BIDDERS

Contractors shall follow the instructions in this document, and shall submit all documents, forms, and information required for consideration of a Bid. Bids must be submitted to the District via PlanetBids Vendor portal, on the Bid Forms provided which are a part of the Bid Package for the Project. No other forms of bid will be accepted. All bid items and statements shall be accurately and thoroughly completed.

Yosemite Community College District (“District”) will evaluate information submitted by the apparent low Bidder and, if incomplete or unsatisfactory to District, Bidder's bid may be rejected at the sole discretion of District.

1. Bids are requested for a general construction contract, or work described in general, for the following project (“Project”):

2. District will receive Bids from Bidders as stipulated in the Notice to Bidders.

3. The bid must conform and be responsive to all Project Documents and shall be submitted electronically via the Yosemite Community College Districts PlanetBids Vendor Portal, and the complete bid, together with any and all additional materials as required, shall be electronically submitted to the District per the Notice to Bidders prior to the bid deadline (Public Contract Code Section 20651). It is the bidder’s sole responsibility to ensure that their bid is received prior to the bid deadline. In accordance with Government Code Section 53068, any bid received after the scheduled closing time for receipt of bids shall be refused. Bid tabulations will be available after the bid closing within the PlanetBids portal. If prequalification of bidders is required by the District pursuant to Public Contract Code Section 20651.5, only those bids received from prequalified bidders shall be accepted.

4. Bidders must supply all information required by each Bid Document. Bids must be full and complete.

District reserves the right in its sole discretion to reject any Bid as non-responsive as a result of any error or omission in the Bid. Bidders must complete and submit all of the following documents with the Bid Form and Proposal:

a. Bid Bond on the District's form or other security

b. Designated Subcontractors List

c. Non-collusion Affidavit

d. Verification of Contractor And Subcontractors' DIR Registration

e. Iran Contracting Act Certification, if Contract Value is $1,000,000 or more.

f. Buy American Certificate, if contract amount is over $250,000.

5. Bidders must submit with their Bids a bid bond by an admitted surety insurer of not less than ten percent (10%) of amount of base Bid, plus all additive alternates. Required form of corporate surety, Bid Bond, is provided by District and must be used and fully completed by Bidders choosing to provide a Bid Bond as security. The Surety on Bidders’ Bid Bond must be an insurer admitted in the State of California and authorized to issue surety bonds in the State of California. Bids submitted without necessary bid security will be deemed non-responsive and will not be considered.

6. If Bidder to whom Contract is awarded shall for SEVEN (7) days after the date of the Notice of Award, fail or neglect to enter into Contract and submit required bonds, insurance certificates, and all other required documents, District may deposit Bid Bond, cash, cashier's check, or certified check for collection, and proceeds thereof may be retained by District as liquidated damages for failure of Bidder to enter into Contract, in the sole discretion of District. It is agreed that calculation of damages District may suffer as a result of Bidder's failure to enter into the Contract would be extremely difficult and

FLEET VEHICLE ELECTRIC CHARGERS BID# 27-1985

CONSTRUCTION DOCUMENTS Division 00 - 14 impractical to determine and that the amount of the Bidder's required bid security shall be the agreed and conclusively presumed amount of damages.

7. Bidders must submit with the Bid the Designated Subcontractors List for those subcontractors who will perform any portion of Work, including labor, rendering of service, or specially fabricating and installing a portion of the Work or improvement according to detailed drawings contained in the plans and specifications, in excess of one half of one percent (0.5%) of total Bid. All of the listed subcontractors are required to be registered as a public works contractor with the Department of Industrial Relations.

The subcontractor’s registration must remain active throughout the term of the Contract. Failure to submit this list when required by law shall result in Bid being deemed non-responsive and the Bid will not be considered.

a. An inadvertent error in listing the California contractor license number on the Designated

Subcontractors List shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the correct contractor’s 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.

b. An inadvertent error listing an unregistered subcontractor shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive provided that any of the following apply:

1. The subcontractor is registered prior to the bid opening.

2. The subcontractor is registered and has paid the penalty registration fee within 24 hours after the bid opening.

3. The subcontractor is replaced by another registered subcontractor.

8. District will transmit to all prospective Bidders of record such Addenda as District in its discretion considers necessary in response to questions arising at the Site Visit. Oral statements shall not be relied upon and will not be binding or legally effective. Addenda issued by the District as a result of the Site Visit, if any shall constitute the sole and exclusive record and statement of the results of the Site Visit.

9. Bidders shall submit the Non-collusion Affidavit with their Bids. Bids submitted without the Non-collusion Affidavit shall be deemed non-responsive and will not be considered.

10. Bidders shall not modify the Bid Form and Proposal or qualify their Bids. Bidders shall not submit to the District a scanned, re-typed, word-processed, or otherwise recreated version of the Bid Form and Proposal or other District-provided document.

11. If the Project is funded at least in part with State bond funds, the District and/or its designee will be operating a labor compliance program on this Project pursuant to Labor Code section 1771.7.

12. The Bidder and all Subcontractors under the Contractor shall pay all workers on all work performed pursuant to this Contract not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the Department of Industrial Relations, State of California, for the type of work performed and the locality in which the work is to be performed within the boundaries of the District, pursuant to sections 1770 et seq. of the California Labor Code.

13. Submission of Bid signifies careful examination of Contract Documents and complete understanding of the nature, extent, and location of Work to be performed. Bidders must complete the tasks listed below as a condition to bidding, and submission of Bid shall constitute the Bidder's express representation to District that Bidder has fully completed the following:

FLEET VEHICLE ELECTRIC CHARGERS BID# 27-1985

CONSTRUCTION DOCUMENTS Division 00 - 15

a. Bidder has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions and federal, state and local laws, and regulations that in any manner may affect cost, progress, performance, or furnishing of Work or that relate to any aspect of the means, methods, techniques, sequences, or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto;

b. Bidder has conducted or obtained and has understood all examinations, investigations, explorations, tests, reports, and studies that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance, or furnishing of Work, as Bidder considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time, and in accordance with the other terms and conditions of Contract Documents, including specifically the provisions of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies, or similar information or data are or will be required by Bidder for such purposes;

c. Bidder has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents;

d. Bidder has given the District prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and the actual conditions, and the written resolution thereof by the District is acceptable to Bidder;

e. Bidder has made a complete disclosure in writing to the District of all facts bearing upon any possible interest, direct or indirect, that Bidder believes any representative of the District or other officer or employee of the District presently has or will have in this Contract or in the performance thereof or in any portion of the profits thereof;

f. Bidder must, prior to bidding, perform the work, investigations, research, and analysis required by this document and that Bidder represented in its Bid Form and Proposal, and the Agreement that it performed prior to bidding. Contractor under this Contract is charged with all information and knowledge that a reasonable bidder would ascertain from having performed this required work, investigation, research, and analysis. Bid prices must include entire cost of all work "incidental" to completion of the Work.

g. Conditions Shown on the Contract Documents: Information as to underground conditions, as-built conditions, or other conditions or obstructions, indicated in the Contract Documents, e.g., on Drawings or in Specifications, has been obtained with reasonable care, and has been recorded in good faith. However, District only warrants, and Contractor may only rely, on the accuracy of limited types of information.

(1) As to above-ground conditions or as-built conditions shown or indicated in the

Contract Documents, there is no warranty, express or implied, or any representation express or implied, that such information is correctly shown or indicated. This information is verifiable by independent investigation and Contractor is required to make such verification as a condition to bidding. In submitting its Bid, Contractor shall rely on the results of its own independent investigation. In submitting its Bid, Contractor shall not rely on District-supplied information regarding above-ground conditions or as-built conditions.

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CONSTRUCTION DOCUMENTS Division 00 - 16

h. Conditions Shown in Reports and Drawings Supplied for Informational Purposes:

Reference is made to the document entitled Geotechnical Data, and the document entitled Existing Conditions, for identification of:

(1) Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that have been utilized by Architect in preparing the Contract Documents; and

(2) Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that has been utilized by Architect in preparing the Contract Documents.

14. Bidders may examine any available "as-built" drawings of previous work by giving District reasonable advance notice. District will not be responsible for accuracy of "as-built" drawings. The document entitled Existing Conditions applies to all supplied "as-built" drawings.

15. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the District’s principal office. Prevailing wage rates are also available from the District or on the internet at (http://www. dir.ca.gov)

16. All questions about the meaning or intent of the Contract Documents are to be directed in writing to the

District. Interpretations or clarifications considered necessary by the District in response to such questions will be issued in writing by Addenda faxed, mailed, or delivered to all parties recorded by the District as having received the Contract Documents. Questions received less than SEVEN (7) days prior to the date for opening Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

17. Addenda may also be issued to modify other parts of the Contract Documents as deemed advisable by the District.

18. Each Bidder must acknowledge each Addendum in its Bid Form and Proposal by number or its Bid shall be considered non-responsive. Each addendum shall be part of the Contract Documents. A complete listing of Addenda may be secured from the District.

19. Bids shall be based on products and systems specified in Contract Documents or listed by name in

Addenda. The District is not responsible and/or liable in any way for a Contractor’s damages and/or claims related, in any way, to that Contractor’s basing its bid on any requested substitution that the District has not approved. Contractors and materials suppliers who submit requests for substitutions prior to the award of the Contract must do so in writing and in compliance with Public Contract Code section 3400. All requests must comply with the following:

a. District must receive any request for substitution a minimum of TEN (10) days prior to bid opening.

b. Requests for substitutions shall contain sufficient information to assess acceptability of product or system and impact on Project. Insufficient information shall be grounds for rejection of substitution.

c. Approved substitutions shall be listed in Addenda. District reserves the right not to act upon submittals of substitutions until after bid opening.

d. Substitutions may be requested after Contract has been awarded only if indicated in and in accordance with requirements specified in the Special Conditions and the Specifications.

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CONSTRUCTION DOCUMENTS Division 00 - 17

20. The Bid Results will be available to the public via PlanetBids portal following the Bid Opening Date.

21. This Contract may include alternates. Alternates are defined as alternate products, materials, equipment, systems, methods, or major elements of the construction that may, at the District's option and under terms established in the Contract and pursuant to section 20103.8 of the Public Contract Code, be selected for the Work. The District shall award the Contract, if it awards it at all, to the lowest responsive responsible bidder based on the criteria as indicated in this section.

22. Time for Completion: District may issue a Notice to Proceed within THREE (3) months from the date of the Contractor’s Notice of Award. Once Contractor has received the Notice to Proceed, Contractor shall complete the Work within the period of time indicated in the Contract Documents.

a. In the event that the District desires to postpone issuing the Notice to Proceed beyond this

3-month period, it is expressly understood that with reasonable notice to the Contractor, the District may postpone issuing the Notice to Proceed. It is further expressly understood by Contractor that Contractor shall not be entitled to any claim of additional compensation as a result of the postponement of the issuance of the Notice to Proceed.

b. If the Contractor believes that a postponement of issuance of the Notice to Proceed will cause a hardship to Contractor, Contractor may terminate the Contract after the lapse of three (3) months after the Contractor’s termination due to a postponement shall be by written notice to District within TEN (10) days after receipt by Contractor of District's notice of postponement. It is further understood by Contractor that in the event that Contractor terminates the Contract as a result of postponement by the District, the District shall only be obligated to pay Contractor for the Work that Contractor had performed at the time of notification of postponement. Should Contractor terminate the Contract as a result of a notice of postponement, District shall have the authority to award the Contract to the next lowest responsive responsible bidder.

23. The Bidder to whom Contract is awarded shall execute and submit the following documents by 5:00 p.m. of the SEVENTH (7th) day following the date of the Contractor’s Notice of Award. Failure to properly and timely submit these documents entitles District to reject the bid as non-responsive.

a. Agreement: To be executed by successful Bidder. Submit three (3) copies, each bearing an original signature.

b. Performance Bond (100%): On the form provided in the Contract Documents and fully executed as indicated on the form. Submit two copies.

c. Payment Bond (100%) (Contractor's Labor and Material Bond): On the form provided in the Contract Documents and fully executed as indicated on the form. Submit two copies.

d. Insurance Certificates and Endorsements as required.

e. Workers' Compensation Certification.

f. Prevailing Wage and Related Labor Requirements Certification.

g. Drug-Free Workplace Certification.

h. Imported Materials Certification. (if relevant to Scope of Project)

24. Any bid protest must be in writing and received by the District at the Purchasing Department office, 2201 Blue Gum Avenue, Modesto, CA 95382, before 5:00 p.m. no later than three (3) working days following bid opening (the “Bid Protest Deadline”) and must comply with the following requirements:

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a. Only a Bidder who has actually submitted a bid, and who could be awarded the Contract if the bid protest is upheld, is eligible to submit a bid protest. Subcontractors are not eligible to submit bid protests. A Bidder may not rely on the bid protest submitted by another Bidder.

b. A bid protest must contain a complete statement of any and all bases for the protest and all supporting documentation. Materials submitted after the bid protest deadline will not be considered.

c. The protest must refer to the specific portions of all documents that form the basis for the protest.

(1) Without limitation to other bases for protest, an inadvertent error in listing the California contractor license number on the Designated Subcontractors List shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the correct contractor’s 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.

(2) Without limitation to other bases for protest, an inadvertent error listing an unregistered subcontractor shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive provided that any of the following apply:

(i) The subcontractor is registered prior to the bid opening.

(ii) The subcontractor is registered and has paid the penalty registration fee within 24 hours after the bid opening.

(iii) The subcontractor is replaced by another registered subcontractor pursuant to Public Contract Code section 4107.

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

e. The party filing the protest must concurrently transmit a copy of the protest and any attached documentation to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other bidders or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.

f. The procedure and time limits set forth in this paragraph are mandatory and are each bidder’s sole and exclusive remedy in the event of bid protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings.

25. District reserves the right to reject any or all bids. The District reserves the right to reject any or all nonconforming, non-responsive, unbalanced, or conditional bids and to reject the bid of any bidder if 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 District. In the event of a rejection of a bid, the District may make an award to the next lowest responsible bidder or re-bid the Project, as it may determine in its discretion. District also reserves the right to waive inconsequential deviations not involving price, time, or material changes in the Work. For purposes of this paragraph, an "unbalanced bid" is one having nominal prices for some work items and/or enhanced prices for other work items.

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26. Discrepancies between written words and figures, or words and numerals, will be resolved in favor of the figures or numerals.

27. Prior to the award of Contract, District reserves the right to consider the responsibility of the Bidder.

District may conduct investigations as District deems necessary to assist in the evaluation of any bid and to establish the responsibility, including, without limitation, qualifications and financial ability of Bidders, proposed subcontractors, suppliers, and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to District's satisfaction within the prescribed time. A bidder must cooperate with any investigation by providing relevant information requested by the District and, if not cooperative, the bidder may be rejected as non-responsive.

28. The District shall award the Contract, if it awards it at all, to the lowest responsive responsible bidder based on:

a. The base bid amount only.

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DOCUMENT 00 31 00

EXISTING CONDITIONS

1. Summary

This document describes existing conditions at or near the Project, and use of information available regarding existing conditions. This document is not part of the Contract Documents.

See General Conditions for definition(s) of terms used herein.

2. Reports and Information on Existing Conditions

a. Documents providing a general description of the Site and conditions of the Work may have been collected by Yosemite Community College District ("District"), its architects, contractors, and tenants. These documents may include previous contracts, contract specifications, tenant improvement contracts, as-built drawings, utility drawings, and information regarding underground facilities.

b. Information regarding existing conditions may be inspected at District offices, and copies may be obtained at cost of reproduction and handling upon Bidder's agreement to pay for such copies. These reports, documents, and other information are not part of the Contract Documents.

c. Information regarding existing conditions may also be included in the Project Manual but shall not be considered part of the Contract Documents.

d. The reports and other data or information regarding existing conditions and underground facilities at or contiguous to the Project are the following:

(1) N/A

3. Use of Information

a. Information regarding existing conditions was obtained only for use of District and its architects, contractors, and tenants for planning and design and is not part of the Contract Documents.

b. District does not warrant, and makes no representation regarding, the accuracy or thoroughness of any information regarding existing conditions. Bidder represents and agrees that in submitting a bid it is not relying on any information regarding existing conditions supplied by District.

c. Under no circumstances shall District be deemed to warrant or represent existing above-ground conditions, as-built conditions, or other actual conditions, verifiable by independent investigation. These conditions are verifiable by Contractor by the performance of its own independent investigation, which Contractor must perform as a condition to bidding, and Contractor should not and shall not rely on this information or any other information supplied by District regarding existing conditions.

d District shall be responsible only for the general accuracy of information regarding underground facilities, and only for those underground facilities that are owned by District, and only where Bidder has conducted the independent investigation required of it pursuant to the Instructions to Bidders, and discrepancies are not apparent.

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4. Investigations/Site Examinations

a. Before submitting a Bid, each Bidder is responsible for obtaining copies of, or viewing any 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, that may affect cost, progress, performance, or furnishing of Work or that relate to any aspect of the means, methods, techniques, sequences, or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or that Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price, and other terms and conditions of Contract Documents.

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DOCUMENT 00 41 13

BID FORM AND PROPOSAL

To: Governing Board of Yosemite Community College District (“District” or “Owner”)

From:

(Proper Name of Bidder)

The undersigned declares that the Contract Documents including, without limitation, the Notice to Bidders and the Instructions to Bidders have been read and agrees and proposes to furnish all necessary labor, materials, and equipment to perform and furnish all work in accordance with the terms and conditions of the Contract Documents, including, without limitation, the Drawings and Specifications of Bid No. 27-1985.

(“Project” or “Contract”) and will accept in full payment for that Work the following total lump sum amount, all taxes included:

Base Bid:

dollars

BASE BID

NOTE: Base Bid shall include Allowances specified in Specification Section 01 21 00

“ALLOWANCES”

1. Allowance. See Specification Section 01 21 00 “ALLOWANCES” for additional information.

2. Award of the project will be based upon the “Base Bid” amount.

3. The undersigned has reviewed the Work outlined in the Contract Documents and fully understands the scope of Work required in this Proposal, understands the construction and project management function(s) is described in the Contract Documents, and that each Bidder who is awarded a contract shall be in fact a prime contractor, not a subcontractor, to the District, and agrees that its Proposal, if accepted by the District, will be the basis for the Bidder to enter into a contract with the District in accordance with the intent of the Contract Documents.

4. The undersigned has notified the District in writing of any discrepancies or omissions or of any doubt, questions, or ambiguities about the meaning of any of the Contract Documents, and has contacted the Construction Manager before bid date to verify the issuance of any clarifying Addenda.

5. The undersigned agrees to commence work under this Contract on the date established in the

Contract Documents and to complete all work within the time specified in the Contract Documents.

6. The liquidated damages clause of the General Conditions and Agreement is hereby acknowledged.

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7. It is understood that the District reserves the right to reject this bid and that the bid shall remain open to acceptance and is irrevocable for a period of ninety (90) days.

8. The following documents are attached hereto:

• Bid Bond on the District's form or other security

• Designated Subcontractors List

• Non-collusion Declaration

• Verification of Contractor and Subcontractors DIR Registration

• Iran Contracting Act Certification, if contract amount value is $1,000,000 or more

• Buy American Certificate, if contract amount is over $250,000.

9. Receipt and acceptance of the following addenda is hereby acknowledged:

No. , Dated

10. Bidder acknowledges that the license required for performance of the Work is a Type

“B” license.

11. The undersigned hereby certifies that Bidder is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the Work.

12. Bidder specifically acknowledges and understands that if it is awarded the Contract, that it shall perform the Work of the Project while complying with all requirements of the SB 854. All contractors and subcontractors who bid or work on a public works project must register and pay an annual fee to Department of Industrial Relations.

13. The Bidder represents that it is competent, knowledgeable, and has special skills with respect to the nature, extent, and inherent conditions of the Work to be performed. Bidder further acknowledges that there are certain peculiar and inherent conditions existent in the construction of the Work that may create, during the Work, unusual or peculiar unsafe conditions hazardous to persons and property.

14. Bidder expressly acknowledges that it is aware of such peculiar risks and that it has the skill and experience to foresee and to adopt protective measures to adequately and safely perform the Work with respect to such hazards.

15. Bidder expressly acknowledges that it is aware that if a false claim is knowingly submitted (as the terms “claim” and “knowingly” are defined in the California False Claims Act, Cal. Gov. Code, §12650 et seq.), the District will be entitled to civil remedies set forth in the California False Claim Act. It may also be considered fraud and the Contractor may be subject to criminal prosecution.

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16. The undersigned Bidder certifies that it is, at the time of bidding, and shall be throughout the period of the contract, licensed by the State of California to do the type of work required under the terms of the Contract Documents and registered as a public works contractor with the Department of Industrial Relations. Bidder further certifies that it is regularly engaged in the general class and type of work called for in the Contract Documents.

Furthermore, Bidder hereby certifies to the District that all representations, certifications, and statements made by Bidder, as set forth in this bid form, are true and correct and are made under penalty of perjury.

Dated this day of 20

Name of Bidder

Type of Organization

Signed by

Title of Signer

Address of Bidder

Taxpayer's Identification No. of Bidder

Telephone Number

Fax Number

E-mail Web page

Contractor's License No(s): No.: Class: Expiration Date:

No.: Class: Expiration Date:

No.: Class: Expiration Date:

Public Works Contractor Registration NO.: .

If Bidder is a corporation, affix corporate seal.

Name of Corporation:

President:

Secretary:

Treasurer:

Manager:

END OF DOCUMENT

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DOCUMENT 00 43 13

BID BOND

(Note: If Bidder is providing a bid bond as its bid security, Bidder must use this form, NOT a surety company form.)

KNOW ALL PERSONS BY THESE PRESENTS:

That the undersigned, as as Principal (“Principal”), and as Surety (“Surety”), a corporation organized and existing under and by virtue of the laws of the State of and authorized to do business as a surety in the State of California, are held and firmly bound unto the Yosemite Community College District (“District”) of Stanislaus County, State of California as Obligee, in the sum of ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we, and each of us, bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted a bid to the District for all Work specifically described in the accompanying bid;

now, therefore, if the Principal is awarded the Contract and, within the time and manner required under the Contract Documents, after the prescribed forms are presented to Principal for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files two bonds, one guaranteeing faithful performance and the other guaranteeing payment for labor and materials as required by law, and meets all other conditions to the contract between the Principal and the Obligee becoming effective, or if the Principal shall fully reimburse and save harmless the Obligee from any damage sustained by the Obligee through failure of the Principal to enter into the written contract and to file the required performance and labor and material bonds, and to meet all other conditions to the…