Bid Notice-Trout Creek Conifer Removal Project.pdf

TITLE PAGE

01 0101

PROJECT MANUAL

LAKE TAHOE COMMUNITY COLLEGE

1 College Dr South Lake Tahoe, CA 96150

Trout Creek Conifer Removal Project

Bid No. 26-27-003 Bids Due November 6th, 2026 by 2:00 PM

Bids will be received via the PlanetBids portal found on the Purchasing Department’s website:

https://www.ltcc.edu/about/administrative-services/purchasing.php

Contract Documents are available as of September 29, 2026

Mandatory pre-bid site visits will be held at 10am on October 13th, 2026

All questions and clarifications need to be submitted by 2pm on October 22nd

An Addendum with responses to questions will be posted by October 29th

Bids due as of November 6th, 2026

Anticipated Contract Award November 11th, 2026

Anticipated construction schedule September 1st- October 15th, 2027

Lake Tahoe Community College District

RFP # 26-27-003

TABLE OF CONTENTS

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SECTION 01 0110

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 0101 Project Title Page 00 0110 Table of Contents

Solicitation 00 1116 Notice to Bidders

Instructions for Procurement 00 2113 Instructions to Bidders

Available Information 00 3119 Existing Conditions 00 3132 Geotechnical Data

Procurement Forms and Supplements 00 4113 Bid Form and Proposal 00 4313 Bid Bond 00 4336 Designated Subcontractors List 00 4500 Site-Visit Certification 00 4519 Non-Collusion Declaration 00 4526 Workers’ Compensation Certification 00 4546.01 Prevailing Wage and Related Labor Requirements Certification 00 4546.03 Drug-Free Workplace Certification 00 4546.04 Tobacco-Free Environment Certification 00 4546.05 Hazardous Materials Certification 00 4546.06 Lead-Based Materials Certification 00 4546.07 Imported Materials Certification 00 4546.08 Sex Offender Registration Act Certification 00 4546.09 Buy American Certification

Contracting Forms and Supplements 00 5100 Notice of Award 00 5213 Agreement Form 00 5500 Notice to Proceed 00 5600 Escrow Bid Documentation 00 5700 Escrow Agreement in Lieu of Retention

Project Forms 00 6113.13 Performance Bond 00 6113.16 Payment Bond 00 6340 Allowance Expenditure Directive 00 6341 Force Allowance Directive 00 6363 Change Order Form 00 6519.26 Agreement and Release of Any and All Claims 00 6536 Guarantee Form

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Conditions of the Contract 00 7213 General Conditions 00 7313 Special Conditions 00 7356 Hazardous Materials Procedures and Requirements

DIVISION 01 - GENERAL REQUIREMENTS

01 1000 Summary

Price and Payment Procedures 01 2200 Alternates and Unit Pricing 01 2500 Substitution Procedures 01 2600 Changes in the Work 01 2900 Application for Payment and Conditional and Unconditional Waiver and

Release Forms

Administrative Requirements 01 3119 Project Meetings 01 3213 Scheduling of Work 01 3300 Submittal Procedures

Quality Requirements 01 4100 Regulatory Requirements 01 4113 Requirements for DSA 01 4200 References 01 4300 Quality Assurance 01 4310 Materials and Equipment 01 4500 Quality Control

Temporary Facilities and Controls 01 5000 Temporary Facilities and Controls

Product Requirements 01 6000 Product Requirements 01 6400 Owner-Furnished Products

Execution and Closeout Requirements 01 7300 Execution 01 7413 Progress Cleaning and Final Cleaning 01 7419 Construction Waste Management and Disposal 01 7700 Closeout Procedures 01 7823 Operation and Maintenance Data 01 7836 Warranties 01 7839 Project Record Documents

Exhibits Exhibit A: Scope of Work Exhibit B: Vegetation Management Plan

END OF DOCUMENT

RFP # 26-27-003

NOTICE TO BIDDERS

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SECTION 00 1116

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

Bid No: 26-27-003

Bid Package: Contract

Project Name: Trout Creek Conifer Removal Project

2. The Project consists of all labor, materials equipment and services necessary to remove 100% of the conifer component from the meadow environment adjacent to Trout Creek in South Lake Tahoe via hand and mechanized thinning. Bidders should be Type A Licensed Timber Operators that have experience using low psi cut-to-length machinery in sensitive meadow environments. The contractor is responsible for all aspects of conifer removal and site protection in compliance with regional environmental regulations. Processed logs greater than 4” diameter at the small end have been gifted to the Washoe Tribe of Nevada and California. Suitable logs from this project are intended for beneficial reuse as firewood. In general, the contractor should be prepared to cut logs into 10-18 foot lengths, forward them to the landing where they will be decked and hauled off site by the Washoe Tribe. The contractor is responsible for the removal, processing, chipping and/or disposal of all limbs, slash, and woody material less than 4” in diameter. Specific project components are identified in the Scope of Work found in Exhibit A and the Vegetation Management Plan Exhibit B.

3. To bid on this Project, the Bidder is required to possess one or more of the following State of California Contractor Licenses:

Type A Licensed Timber Operator

The Bidder's license(s) must remain active and in good standing throughout the term of the Contract.

To bid on this Project, the Bidder is required to be registered as a public works contractor with the Department of Industrial Relations pursuant to the Labor Code. The Bidder’s registration must remain active throughout the term of the Contract.

4. Contract Documents are available on September 29, 2026, and may be accessed via the PlanetBids portal:

https://vendors.planetbids.com/portal/58936/bo/bo-detail/146727 and downloaded from the District’s website at the following link:

https://vendors.planetbids.com/portal/58936/bo/bo-detail/146727%C2%A0

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NOTICE TO BIDDERS

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5. Electronically sealed Bids will be received until 2 p.m., November 6th, 2026, via the PlanetBids portal at or after which time the bids will be opened and publicly read aloud. Any bid that is submitted after this time shall be non-responsive and returned to the bidder. Any claim by a bidder of error in its bid must be made in compliance with section 5100 et seq. of the Public Contract Code.

6. All bids shall be on the forms provided by the District. Each bid must conform and be responsive to all pertinent Contract Documents, including, but not limited to, the Instructions to Bidders.

7. A bid bond by an admitted surety insurer on the form provided by the District, cash, or a cashier's check or a certified check, drawn to the order of the Lake Tahoe Community College 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) calendar 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.

8. A mandatory pre-bid conference and site visit will be held at 10am on October 13th, 2026, at One College Drive South Lake Tahoe, CA 96150, California (“Site Visit”). A bidder’s failure to attend, or tardiness to, this mandatory pre-bid conference and site visit will render a bid ineligible.

9. All questions and clarifications need to be submitted by 2pm on October 20th. An Addendum with responses to questions will be posted by October 27th.

10. If requested by the District, the apparent low bidder is required to attend and participate in a Post Bid Interview within three (3) calendar days of the bid opening. A duly authorized representative(s) of the apparent low bidder must attend the Post Bid Interview in person or electronically as designated by the District. The apparent low bidder’s authorized representative(s) attending the Post Bid Interview must:

(1) have knowledge of how the bid submitted was prepared; (2) include those members of the bidder’s team who will occupy key positions on the Project such as Project Superintendents, Project Managers, Project Executives so that the District interviews individuals who will be responsible for supervising performance of the Work on the Project; and (3) include a person with the authority to bind the apparent low bidder. The apparent low bidder’s failure to attend the Post Bid Interview as scheduled may be considered just cause for the District to reject the bid as nonresponsive.

11. 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.

12. 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.

13. 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>.

14. 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 ten (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, Articles 1-5 of the Labor Code.

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

A. The District shall determine the lowest bid in a manner that prevents any information that would identify any of the bidders or proposed subcontractors or suppliers from being revealed to the District before the ranking of all bidders from lowest to highest has been determined.

B. The lowest bid will be determined on the basis of the base bid amount and any combination of Alternates selected by the District, if any, as set forth in the Instructions to Bidders to maximize the number of acres treated while remaining within the project budget.

C. The District is not precluded from adding to or deducting from the Contract any of the additive or deductive items after the lowest responsible bidder has been determined.

16. The Board reserves the right to reject any and all bids and/or waive any irregularity in any bid received.

If the District awards the Contract, the security of unsuccessful bidder(s) shall be returned within sixty

(60) days from the time the award is made. Unless otherwise required by law, no bidder may withdraw its bid for ninety (90) days after the date of the bid opening.

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INSTRUCTIONS TO BIDDERS

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SECTION 00 2113

Bidders shall follow the instructions in this document, and shall submit all documents, forms, and information required for consideration of a Bid.

Lake Tahoe 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” or “Contract”):

2. A Bidder and its subcontractors must possess the appropriate State of California contractors’ license and must maintain the license throughout the duration of the Project. Bidders must also be registered as a public works contractor with the Department of Industrial Relations pursuant to the Labor Code. Bids submitted by a contractor who is not properly licensed or registered shall be deemed nonresponsive and will not be considered.

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

4. Bidders must submit Bids on the Bid Form and Proposal and all other required District forms.

Bids not submitted on the District's required forms shall be deemed non-responsive and shall not be considered. Additional sheets required to fully respond to requested information are permissible.

5. 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, listing all subcontractors who will perform work or labor or render service in an amount greater than $10,000, or in excess of one-half of one percent (0.5%) of the total value of the Bid amount, whichever is greater. The Bidder shall list only one subcontractor for each portion of the Project as is defined by the Bidder in the Bid. Bidders must provide the name, the location of the place of business, Department of Industrial Relations registration number, and the California contractor license number for each subcontractor.

C. Site-Visit Certification, if a site visit was required.

D. Non-collusion Declaration

All information or responses of a Bidder in its Bid Proposal and other documents accompanying the Bid Proposal shall be complete, accurate and true. Incomplete, inaccurate, or untrue responses or information provided therein by a Bidder shall be grounds for the District to reject such Bidder’s Bid Proposal, in the District’s sole discretion, for nonresponsiveness.

6. Bidders must submit with their Bids cash, a cashier's check or a certified check payable to District, or a bid bond by an admitted surety insurer of not less than ten percent (10%) of amount of base Bid, plus all additive alternates (“Bid Bond”). If Bidder chooses to provide a Bid Bond as

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00 2113 - 2 security, Bidder must use the required form of corporate surety provided by District (Document 00 4313 Bid Bond). The Surety on Bidder’s Bid Bond must be an insurer licensed 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.

7. If Bidder to whom the Contract is awarded fails or neglects to enter into the Contract and submit required bonds, insurance certificates, and all other required documents, within SEVEN (7) calendar days after the date of the Notice of Award, 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 the Contract, in the sole discretion of District. It is agreed that the calculation of damages District may suffer as a result of Bidder's failure to enter into the Contract would be extremely difficult and impractical to determine and that the amount of the Bidder's required bid security shall be the agreed and conclusively presumed amount of damages. The District may thereupon award the Contract to the responsible Bidder submitting the next lowest Bid proposal or may reject all bids and call for new bids, in its sole and exclusive discretion.

8. 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 an amount greater than $10,000, or excess of one half of one percent (0.5%) of total Bid, whichever is greater. The Bidder shall list only one subcontractor for each portion of the Project as is defined by the Bidder in the Bid. All of the listed subcontractors are required to be registered as a public works contractor with the Department of Industrial Relations pursuant to the Labor Code.

9. 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 pursuant to Public Contract Code section 4107.

10. If the District requests a mandatory pre-bid conference and site visit (“Site Visit”) in the Notice to Bidders, then Bidders must submit the Site-Visit Certification with their Bid. District will transmit to all prospective Bidders of record who attend the Site Visit, and who provide the District their email addresses, 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

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00 2113 - 3 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.

11. Bidders shall submit the Non-collusion Declaration with their Bids. Bids submitted without the

Non-collusion Declaration shall be deemed non-responsive and will not be considered.

12. Bids shall be clearly written and without erasure or deletions. District reserves the right to reject any Bid containing erasures deletions or illegible content.

13. Bidders shall not modify the Bid Form and Proposal or qualify their Bids. Bidders shall not submit to the District a re-formatted, re-typed, altered, modified, or otherwise recreated version of the Bid Form and Proposal or other District-provided document.

14. The Bidder and all Subcontractors under the Contract shall pay all workers on all Work performed pursuant to the 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 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. Any and all personal charges including but not limited to food, lodging, mileage, or truck fees, must be supported by appropriate documentation evidencing that the charges were actually incurred, as determined by the Architect, District, or District’s representatives or agents. 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 Department of Industrial Relations, are available upon request at the District’s principal office. Prevailing wage rates are also available on the internet at http://www.dir.ca.gov.

15. 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 a Bid shall constitute the Bidder's express representation to District that Bidder has fully completed and agrees to the following:

A. Bidder has visited the Site, if required, 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;

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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(s) thereof by the District is/are 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 the 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 the 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, including any additional investigation or testing required during the Work into its Bid.

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, Bidder shall rely on the results of its own independent investigation. In submitting its Bid, Bidder shall not rely on District-supplied information regarding above-ground conditions or as-built conditions.

(2) As to any subsurface condition shown or indicated in the Contract Documents, the District provides absolutely no warranty, express or implied, or any representation express or implied, that such information is correctly shown or indicated. This information must be verified by Contractor’s independent investigation and, if awarded the Contract, Contractor is required to make such independent investigation and testing to verify the subsurface conditions prior to each time Contractor digs, drills, or excavates.

Contractor must keep records of its independent investigation and testing to verify the subsurface conditions, which it will make available to the Architect, District, or District’s representatives or agents upon request. In submitting its Bid, Bidder shall rely on the results of its own independent investigation and incorporate the costs of any additional testing required during the Work into its Bid. In submitting its Bid, Bidder shall not rely on District-supplied information regarding subsurface conditions or as-built conditions. District is not responsible for the completeness of such information for bidding or construction; nor is District responsible in any way for any conclusions or opinions that Bidder draws from information regarding subsurface conditions or as-built conditions. Should damage, delays or additional costs occur due to Contractor’s failure to investigate and verify subsurface conditions or failure to provide evidence of investigation and verification of subsurface conditions, the Contractor shall be

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00 2113 - 5 solely responsible for the additional costs of any damages, repairs and delays.

Contractor shall make the repairs to the District's satisfaction.

H. Conditions Shown in Reports and Drawings Are Supplied for Informational Purposes Only: Bidder may not in any manner rely on the information in the following reports and drawings. Subject to the foregoing, Bidder must make its own independent investigation and verifications of all conditions affecting the Work and must not rely on information provided by District. If awarded the Contract, Contractor is required to make independent investigations and testing to verify the subsurface conditions prior to each time Contractor digs, drills, or excavates. In submitting its Bid, Bidder shall rely on the results of its own independent investigation and incorporate any additional testing required during the Work into its Bid. 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.

(3) These reports and drawings are not Contract Documents and, except for any “technical” data regarding subsurface conditions specifically identified in Geotechnical Data and Existing Conditions, and underground facilities data.

16. Bidders may examine any available “as-built” drawings of previous work by giving District reasonable advance notice. Contractor is required to make independent investigations and verifications regarding the subsurface conditions prior to each time Contractor digs, drills, or excavates. District does not warrant the completeness or accuracy of and will not be responsible for the completeness or accuracy of “as-built” drawings. The document entitled Existing Conditions applies to all supplied “as-built” drawings. Bidders understand that District provides no express or implied warranty relating to any “as-built” drawings and Bidder assumes the risk of changes arising from such reliance.

17. 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 via email by Addenda to any interested parties that attended the Site Visit, and that provide the District their email address, and posted to the District’s bidding site. Questions received less than Seven (7) calendar days prior to the date for opening Bids may not be answered. Only questions answered by the District in formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

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

19. 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.

20. Bids shall be based on products and systems specified in Contract Documents or listed by name in Addenda. Whenever in the Specifications any materials, process, or article is indicated or specified by grade, patent, or proprietary name, or by name of manufacturer, that Specification

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00 2113 - 6 shall be deemed to be followed by the words “or equal.” Bidder may, unless otherwise stated, offer any material, process, or article that shall be substantially equal or better in every respect to that so indicated or specified. 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 in advance and in writing. 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 notice of request for substitution of a specific item a minimum of seven (7) calendar days prior to Addenda posting date. The Successful Bidder will not be allowed to substitute items unless properly noticed.

B. Within 35 days after the date of the Notice Award, the Successful Bidder shall submit data substantiating a request(s) for all substitution(s) containing sufficient information to assess acceptability of product or system and impact on Project, including, without limitation, the requirements specified in the Special Conditions and the Specifications.

Insufficient information shall be grounds for rejection of substitution.

C. Approved substitutions, if any, 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.

21. District will receive Bids for Bidders as indicated in the Notice to Bidders.

A. All Bids must be sealed and marked with the name and address of the Bidder, the Project Name and Number, Bid Number, Bid Package, and time of bid opening.

B. Bids must be submitted through the PlanetBids portal by date and time shown in the

Notice to Bidders.

C. Bids must contain all documents as required herein.

22. Bids will be opened at or after the time indicated for receipt of bids.

23. The 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 Public Contract Code section

20103.8 subdivision (d) The District will implement a “blind” selection of the lowest responsible bidder who submits a responsive proposal, with additive and/or deductive alternates (“Alternates”), if any, as follows:

A. The selection of Alternates for inclusion in the scope of the Work of the Contract to be awarded will be determined by the District in order to maximize the number of acres treated while remaining within the project budget. The determination of the lowest bid, based upon the base bid proposal and the combination of Alternates selected for inclusion in the Contract, will be by a “blind-bidder” process.

B. After opening timely submitted bid proposals, the District’s Bid Opening Committee (“Bid Opening Committee”), who will not be engaged in the selection of Alternates for inclusion

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00 2113 - 7 in the Contract to be awarded, will assign each bidder an alphabetical letter for identification purposes. The Bid Opening Committee will mask all portions of the bid proposal and other documents submitted with bid proposals so that the identity of each bidder is not revealed. The Bid Opening Committee will maintain a list (“Bidders List”) which identifies by name and the alphabetical letter assigned by the Bid Opening Committee to each bidder.

C. The Bid Opening Committee will provide the District's staff and team responsible for selection of Alternates for inclusion in the Contract to be awarded (“Evaluation Committee”) copies of bid proposals with the identities of bidders masked. Bid proposals reviewed by the Evaluation Committee will identify bidders only by alphabetical letters.

The Evaluation Committee will review the bid proposals and make a determination of which bidder (by the alphabetical letter assigned by Bid Opening Committee) has submitted the lowest bid proposal on the basis of the base bid proposal and any combination of Alternates the Evaluation Committee determines will be included in the scope of the Work of the Contract to be awarded. After the Evaluation Committee completes this process, the Bid Opening Committee will make available to the Evaluation Committee the Bidders List so that the identity of the bidder to be awarded the Contract can be identified.

D. Until such time as the Evaluation Committee has completed review of bid proposals, determined which Alternates will be included in the scope of the Work of the Contract to be awarded, and determined which bidder submitted the lowest bid proposal based on their base bid proposal and any combination of Alternates that will be included in the scope of the Work of the Contract to be awarded, there will be no communication between the Bid Opening Committee and the Evaluation Committee regarding the identities of bidders or disclosure of any portion of the Bidders List.

24. 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 these Instructions to Bidders and the Notice to Bidders. In the event two or more responsible bidders submit identical bids, the District shall select the Bidder to whom to award the Contract by lot.

25. Time for Completion: District may issue a Notice to Proceed within NINETY (90) days from the date of the Notice of Award. Once Contractor has received the Notice to Proceed, Contractor shall complete the Work, including completion of each Phase as applicable, within the period of time indicated in the Contract Documents, including the Special Conditions.

A. In the event that the District desires to postpone issuing the Notice to Proceed beyond this 90-day period, it is expressly understood that with reasonable notice to the Contractor, the District may postpone issuing the Notice to Proceed.

B. It is further expressly understood by Bidder 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 beyond a 90-day period. If the Contractor believes that a postponement of issuance of the Notice to Proceed will cause a hardship to the Contractor, the Contractor may terminate the Contract. Contractor’s termination due to a postponement beyond this 90-day period shall be by written notice to District within TEN

(10) calendar days after receipt by Contractor of District's notice of postponement.

C. It is further understood by the Bidder 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 and materials used under the Contract terms that Contractor had performed and materials used at the time of notification of postponement and which

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00 2113 - 8 the District had in writing authorized Contractor to perform prior to issuing a Notice to Proceed.

D. Should the 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.

26. The Bidder to whom Contract is awarded shall execute and submit to the District the following documents by 5:00 p.m. of the SEVENTH (7TH) calendar day following the date of the 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 four (4) copies, each bearing an original signature.

B. Escrow of Bid Documentation: This must include all required documentation. See the document Escrow Bid Documentation for more information.

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

D. 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.

E. Insurance Certificates and Endorsements as required.

F. Workers’ Compensation Certification.

G. Prevailing Wage and Related Labor Requirements Certification.

H. Drug-Free Workplace Certification.

I. Tobacco-Free Environment Certification.

J. Hazardous Materials Certification.

K. Lead-Based Materials Certification.

L. Imported Materials Certification.

M. Sex Offender Registration Act Certification.

27. Any bid protest by any Bidder regarding any other bid must be submitted in writing to the District, before 5:00 p.m. of the THIRD (3rd) business day following the bid opening.

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.

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

(1) Without limitation to any other basis 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.

28. The bid proposals and other documents responding to the bid become the exclusive property of the District upon submittal to the District. At such time as the District issues the Notice of Award, all bid proposals and other documents submitted in response to the bid become a matter of public record and shall thereupon be considered public records, except for information contained in such bid proposals deemed to be Trade Secrets (as defined in California Civil Code §3426.1) and information provided in response to the District’s Pre-Qualification Questionnaire, if applicable. A bidder that indiscriminately marks all or most of its bid proposal as exempt from disclosure as a public record, whether by the notations of "Trade Secret," "Confidential," "Proprietary," or otherwise, may result in rendering the bid proposal non-responsive and rejected. The District shall not be liable or responsible for the disclosure of such records, including those exempt from disclosure if disclosure is deemed required by law, by an order of a Court of competent jurisdiction, or which occurs through inadvertence, mistake, or negligence on the part of the District or its officers, employees, or agents.

29. District reserves the right to reject any or all bids, including without limitation the right to reject any or all nonconforming, non-responsive, unbalanced, or conditional bids, to re-bid, and to reject the bid of any bidder if District believes that it would not be in the best interest of the District to make

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00 2113 - 10 an award to that bidder, whether because the bid is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by District. District also reserves the right to waive inconsequential deviations or irregularities in any Bid. 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.

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

31. 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.

32. The District may also require a Bidder in contention for a Contract award to participate in a Post Bid Interview within three (3) calendar days of the bid opening. A duly authorized representative of the apparent low Bidder must attend in person or electronically as designated by the District.

The apparent low Bidder’s authorized representative(s) attending the Post Bid Interview must: (1) have knowledge of how the bid submitted was prepared, (2) include those members of the bidder’s team who will occupy key positions on the Project such as Project Superintendents, Project Managers, Project Executives so that the District interviews individuals who will be responsible for supervising performance of the Work on the Project, and (3) include a person with the authority to bind the apparent low Bidder. A Bidder’s failure to attend the Post Bid Interview as scheduled may be considered just cause for the District to reject the Bid as nonresponsive.

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EXISTING CONDITIONS

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SECTION 00 3119

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 Lake Tahoe Community College District (“District“), its consultants, contractors, and tenants. These documents may, but are not required to, 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 the District offices or the

Construction Manager’s offices, if any, 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.

These reports, documents, and other information do not excuse Contractor from fulfilling Contractor’s obligation to independently investigate any or all existing conditions or from using reasonable prudent measures to avoid damaging existing improvements.

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 found in Exhibit A.

3. Use of Information

a. Information regarding existing conditions was obtained only for use of District and its consultants, 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, underground or subsurface conditions, as-built conditions, or other actual conditions, verifiable by independent investigation. These conditions must be verified by Contractor by the performance of its own independent investigation that Contractor must perform as a condition to bidding and Contractor should not and shall not rely on this information or any other information or documentation supplied by District regarding existing conditions.

d. Any information shown or indicated in the reports and other data supplied herein with respect to existing underground facilities at or contiguous to the Project may be based

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00 3119 - 2 upon information and data furnished to District by the District's employees and/or consultants or builders of such underground facilities or others. District does not assume responsibility for the completeness of this information, and Bidder is solely responsible for any interpretation or conclusion drawn from this information and for verifying this information and the conditions.

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

4. Investigations/Site Examinations

a. Before submitting a Bid, each Bidder is responsible for conducting or obtaining 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.

b. On request, District will provide each Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies, as each Bidder deems necessary for submission of a Bid. Bidders must fill all holes and clean up and restore the Site to its former condition upon completion of its explorations, investigations, tests, and studies. Such investigations and Site examinations may be performed during any and all Site visits indicated in the Notice to Bidders and only under the provisions of the Contract Documents, including, but not limited to, proof of insurance and obligation to indemnify against claims arising from such work, and District’s prior approval.

c. All subsurface conditions must be verified by Contractor’s independent investigation and, if awarded the Contract, Contractor is required to make such independent investigation and testing to verify the subsurface conditions prior to each time Contractor digs, drills, or excavates. Contractor must keep records of its independent investigation and testing to verify the subsurface conditions, which it will make available to the Architect, District, or District’s representatives or agents upon request.