CON26-0047_Union_Sq_Cafe_Solicitation.pdf

City and County of San Francisco Recreation and Park Department

CMD MICRO-LBE SET-ASIDE

UNION SQUARE CAFE RENOVATION

CONTRACT NO. CON26-0047

PROJECT MANUAL

VOLUME 1 OF 1

(Division 00)

March 2026

Each Bid shall be enclosed in an envelope bearing the description:

''BID FOR CON26-0047 UNION SQUARE CAFE RENOVATION PROJECT – Micro LBE Set-Aside''.

Vision: To Make San Francisco a beautiful, livable, vibrant and sustainable City.

IMPORTANT SPECIAL NOTICE

CMD Micro-Set Aside – Only eligible CMD Micro-LBE contractors are eligible to bid on this project.

DIR Contractor Registration - The Bid Documents include instructions regarding the new DIR SB 854 rules for Contractor registration.

**NEW**Safety Pre-qualification Online Form - Follow the link below to complete the City and County of San Francisco (CCSF) Safety Prequalification Web Form (Form). This Form is required by all construction companies contracting with CCSF. You will be able to submit your Form directly to any contracting department (SFPUC, SFO, SFMTA, SFPW, SFPort, or SFRPD). The Form is a snapshot of your firm’s safety record at a specific point in time. This Form is required for every solicitation as accidents happen and safety requirements change.

Please follow the instructions in the Form.

https://sfpuc.org/construction-contracts/contract-opportunities-payments/prequalify-construction https://sfpuc.org/construction-contracts/contract-opportunities-payments/prequalify-construction https://sfpuc.org/construction-contracts/contract-opportunities-payments/prequalify-construction

Copyright ©2022 City & County of San Francisco CON26-0047

2002.1.34-1.9 00 01 03 - 1 Project Information

PROJECT INFORMATION

CONTRACT NO.: CON26-0047

PROJECT TITLE: CMD MICRO-LBE SET-ASIDE - UNION SQUARE CAFE RENOVATION

PROJECT

BID OPENING DATE: Bids must be submitted no later than Thursday, April 9, 2026, by 2:30 p.m. emailed to bridget.webster@sfgov.org, BIDS WILL NOT BE PUBLICLY READ, Bid results will be issued as soon as practical, usually within 24-36 hours of opening.

DESCRIPTION: The Work is a tenant improvement project for the Union Square Cafe.

PROJECT MANAGER: Jeannine Kane at 415-615-2802.

CONTRACT DURATION: 110 consecutive calendar days from NTP to substantial completion, then 60 more days to final completion.

ESTIMATE: Approximately $1,030,120.

BID DOCUMENTS: All documents will be posted on SF City Partner website for this project.

PRE-BID MEETING: A non-mandatory pre-bid meeting will be held on Thursday, March 26, 2026 at 10am at approximately 229 Stockton Street, inside Union Square, at project site.

REQUIREMENTS:

1) Certified CMD Micro-LBE Class “B" license required to bid.

2) Pursuant to San Francisco Administrative Code (SFAC) Section 6.25 and Chapter 25 of the Environment Code, “Clean Construction” is required for the performance of all work.

3) Micro - LBE Prime must complete 25% of work.

4) For information on the City’s Surety Bond Program, call Jennifer Elmore at 415-217-6578.

END OF SECTION

mailto:bridget.webster@sfgov.org

2002.1.34-1.9 00 01 10 - 1 Table of Contents

SECTION 00 01 10

TABLE OF CONTENTS

Section No. Section Title

PROCUREMENT AND CONTRACTING GROUP

Introductory Information

00 01 10 TABLE OF CONTENTS

PROCUREMENT REQUIREMENTS

00 11 13 ADVERTISEMENT FOR BIDS

00 21 13 INSTRUCTIONS TO BIDDERS

00 21 14 QUESTIONS ON BID DOCUMENTS

00 22 11 SUPPLEMENTARY INSTRUCTIONS TO BIDDERS: LOCAL BUSINESS

ENTERPRISE (LBE) PROGRAM

Bidding Forms (To Be Submitted With Bid)

00 40 13 BIDDING FORMS CHECKLIST

00 41 00 BID FORM

00 43 13 BID SECURITY FORM

00 43 20 ACKNOWLEDGMENT OF RECEIPT OF ADDENDA

00 43 36 PROPOSED SUBCONTRACTORS FORM (CMD FORM 2A)

00 43 37 PROPOSED SUBCONTRACTORS FORM FOR ALTERNATE WORK

00 45 13 BIDDER’S QUALIFICATIONS

CONTRACTING REQUIREMENTS

00 52 00 AGREEMENT FORM

00 61 13 PERFORMANCE BOND & PAYMENT BOND FORM

00 73 02 CONTRACT TIME AND LIQUIDATED DAMAGES

00 73 27 SPECIFIC PROJECT REQUIREMENTS

00 73 73 STATUTORY REQUIREMENTS

ATTACHMENTS:

Attachment 1: Bid Set - Drawings Attachment 2: Bid Set - Specifications Attachment 3: Bid Set – Structural Calculations Attachment 4: Bid Set – Food Service Equipment information Attachment 5: Division 1 Specifications

Attachment A: Contract Monitoring Division Attachment B: OLSE Instructions Attachment C: General Conditions Attachment D: Subcontractors Form

2002.1.34-1.9 00 11 13 - 1 Advertisement for Bids

SECTION 00 11 13

ADVERTISEMENT FOR BIDS

This Section includes a facsimile of the legal notice informing all qualified Bidders of the City’s intent to solicit and receive Bids for the construction of the Project covered by the Bid Documents as defined herein for Contract No. CON26-0047.

CITY & COUNTY OF SAN FRANCISCO

SAN FRANCISCO RECREATION AND PARK DEPARTMENT

Contract No.: CON26-0047

Bids shall be submitted via e-mail to bridget.webster@sfgov.org until 2:30 p.m. on Thursday, April 9, 2026, after which the bid opening will be conducted. Bidders will be notified of results as soon as practical with copies of all bids made available via email within 24-36 hours.

No contractor or subcontractor may be listed in a bid or awarded a contract for a public works project unless registered with the DIR as required by Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

Pursuant to San Francisco Administrative Code (“Administrative Code”) Section 6.25 and Chapter 25 of the Environment Code, “Clean Construction” is required for the performance of all work.

The Specifications include liquidated damages. Contract will be on a Lump Sum Bid Items With Unit Prices basis. Progressive payments will be made.

The Contract will be awarded to the lowest responsible responsive bidder.

A bid may be rejected if the City determines that any of the bid item prices are materially unbalanced to the potential detriment of the City.

This is a CMD Micro-LBE Contractor contract. There is no LBE Subcontracting Participation Requirement.

For information on the City’s Contractor Development Program, call (415) 986-3999 or email cdp@imwis.com.

A corporate surety bond or certified check for ten percent (10%) of the amount bid must accompany each bid. Administrative Code Section 6.22(a) requires all construction greater than $25,000 to include performance and payment bonds for 100% of the contract award.

In accordance with Administrative Code Chapter 6, no bid is accepted and no contract awarded in excess of $1,170,000. Threshold is awarded by the City and County of San Francisco until such time as the Mayor or the Mayor’s designee approves the contract for award, and the General Manager of the Recreation and Park Department then issues an order of award. Pursuant to Charter Section 3.105, all contract awards are subject to certification by the Controller as to the availability of funds.

mailto:cdp@imwis.com

2002.1.34-1.9 00 11 13 - 2 Advertisement for Bids

Minimum wage rates for this project must comply with the current General Prevailing Wage as determined by the State Department of Industrial Relations. Minimum wage rates other than applicable to General Prevailing Wage must comply with Administrative Code Chapter 12P, Minimum Compensation Ordinance.

Bidders are hereby advised that the Contractor to whom the Contract is awarded must be certified by the Contract Monitoring Division as being in compliance with the Equal Benefits Provisions of Chapter 12B of the Administrative Code within two weeks after notification of award.

If a bidder objects on any ground to any bid specification or legal requirement imposed by this Advertisement for Bids, the bidder shall, no later than the 10th working day prior to the date of Bid opening, provide written notice to the Contract Administration Division, San Francisco Recreation and Park Department, setting forth with specificity the grounds for the objection.

Right reserved to reject any or all bids and waive any minor irregularities.

(Rev. 9/2014) 00 21 13 - 1 Instructions to Bidders

SECTION 00 21 13

INSTRUCTIONS TO BIDDERS

1.1 BIDDING DEFINITIONS

A. The Bid Documents consist of the Advertisement for Bids, Instructions to Bidders, the Bid and all accompanying Bid forms, Bid security or bond, Contract Monitoring Division employment requirements, the Drawings, the Project Manual, and all Addenda issued prior to receipt of Bids.

B. Addenda are written or graphic instruments issued by the City prior to the receipt of Bids which modify or interpret the Bid Documents by additions, deletions or other changes.

C. A Bid is a complete and properly executed offer, submitted in accordance with the Bidding requirements, to provide products and services and to perform the Work in accordance with the requirements of the Contract Documents.

D. The Total Bid Price is the sum stated in the Bid for which the Bidder offers to perform the

Work described in the Bid Documents and it shall include the entire cost of all Work necessary for a complete and fully operational structure or facility in accordance with the requirements of the Contract Documents.

E. A Bidder is a person or entity who submits a Bid.

F. All definitions set forth in the General Conditions (Section 00 72 00) and in other Contract

Documents are applicable to the Bid Documents.

1.2 DRAWING INDEX

A. The Drawings, entitled UNION SQUARE CAFE RENOVATION'' are incorporated as

Contract Documents. Refer to the Drawings for Index of Drawings.

1.3 BIDDING CONTACT INFORMATION

A. For obtaining Bid Documents, and submittal of Bids and other required bidding and contract documents, contact the following “Contract Administration Division”:

San Francisco Recreation and Park Department

City and County of San Francisco

Attn: Bridget Webster

McLaren Lodge, 501 Stanyan Street

San Francisco, California 94117

Bridget.webster@sfgov.org

B. For technical questions on the Bid Documents, scheduling of special field visits, and submittal of Request for Product Substitutions, contact the following “Project

Engineer/Architect”:

(Rev. 9/2014) 00 21 13 - 2 Instructions to Bidders

Frederica Cararar Mark Cavagnero Associates Architects

1045 Sansome Street, Suite 200

San Francisco, CA 94111

415-398-6944 Direct Telephone No.

C. For questions on CMD bid documents and submittal of required CMD Forms, contact the following “Contract Compliance Officer”:

Ivan Oldenkamp

Contract Monitoring Division

49 South Van Ness

San Francisco, CA ivan.oldenkamp@sfgov.org

1.4 ISSUANCE OF BID DOCUMENTS

A. Bid Documents may be downloaded from SF City Partner website: sfcitypartner.sfgov.org

1.5 EXAMINATION OF BID DOCUMENTS AND SITE

A. Before submitting a Bid, Bidder shall carefully examine the Bid Documents, visit the Site, and fully inform themselves of existing conditions and limitations, including all items described in the Bid Documents. No consideration will be granted for any alleged misunderstanding of the materials to be furnished, Work to be performed or of actual conditions at the Site, it being understood that the tender of a Bid carries with it the agreement to complete all Work and comply with all conditions specified herein and indicated in the Bid Documents.

B. All special Site access for facility inspection and subsurface investigations shall be requested, approved and scheduled through the Project Manager.

1. Persons requesting special site access must identify the Bidder being represented.

2. Length of time of tours, number of tours per day and areas open for special Site access are limited and must be scheduled in advance.

3. No adjustment in the Contract Sum will be allowed because of a Bidder’s inability to gain access to the Site during the Bid period.

C. The submission of a Bid will constitute an incontrovertible representation by Bidder of the following:

1. Bidder has complied with every requirement of this Article ''Examination of Bid

Documents and Site'';

2. the Total Bid price is premised upon performing and furnishing the Work required by the Contract Documents without exception;

3. the Contract Documents are sufficient in scope and detail to accurately describe all terms and conditions for the performance of the Work; and

4. it is understood that information about hazardous materials, physical or other conditions or obstructions, indicated on the Bid Documents, has been obtained with reasonable care and has been recorded in good faith. There is no express or implied warranty that such information is correctly shown. Bidder must take into account the

(Rev. 9/2014) 00 21 13 - 3 Instructions to Bidders possibility that actual conditions affecting cost or quantities of Work may differ from those indicated on the Bid Documents.

D. Bidder shall give due consideration to the intricate and difficult conditions which involve coordinating and interfacing with other contractors at the Site and which may affect the scheduling of the Work.

E. Bidder shall include in its Total Bid Price the entire cost of all Work necessary for a complete and fully operational structure or facility in accordance with the requirements of the Contract Documents.

1.6 QUESTIONS ON BID DOCUMENTS, ADDENDA, SUBSTITUTIONS

A. Questions on Bid Documents: Prior to receipt of Bids, should a Bidder find discrepancies, ambiguities, or conflicts in the Bid Documents, or should there be doubt as to meaning of a provision or requirement, the Bidder shall notify at once the City in writing using the

Questions on Bid Documents (QBD) form (Section 00 21 14), issued with the Bid

Documents as a fillable Word file, and submit the same by email to the Project Manager as specified on the form. The City may not answer questions received less than 10 calendar days prior to the date for opening Bids.

B. Addenda: Interpretations or clarifications considered necessary by the City in response to

QBDs will be issued by written Addenda to all Bidders of record. Only questions answered by formal written Addenda will be binding; oral and other interpretations or clarifications will be without legal effect.

1. The City may also issue Addenda to modify the Bid and/or Contract Documents as deemed necessary or advisable by the City.

2. Each Bidder shall be responsible for ascertaining, prior to submittal of its Bid, that it has received all issued Addenda. Bidders shall acknowledge Addenda by number and date received using Section 00 43 20 (Acknowledgement of Receipt of

Addenda). Refer to Section 00 43 20 for additional instructions.

C. Substitutions: The products specified in the Bid Documents establish a minimum standard of required type, function and quality that substitutions must meet to be considered acceptable to the City. To obtain acceptance of unspecified ''or equal'' products, systems, materials, or services, Bidders shall submit a completed QBD form accompanied by a Request for Substitution form (Section 00 49 18) and required supporting documentation.

The City will consider properly-completed substitution requests submitted no later than 10 calendar days prior to the date for opening bids. After that date, the City will not accept substitution requests during the Bid period.

1. The burden of proof of the merit of the proposed substitute item is upon the Bidder.

Insufficient information will be grounds for rejection of a proposed substitution.

2. The City’s decision of approval or disapproval of a proposed substitute item will be final and conclusive as to all Bidders.

3. If the City approves a proposed substitute item, such approval will be set forth in an

Addendum issued to all prospective Bidders.

4. Refer to Article ''Information to be Submitted after Bid Opening'' for requirements regarding requests for substitution submitted by the successful Bidder after award of the Contract.

5. Bidders must base their Bids on materials, products, services and systems specified in the Contract Documents or listed by name in Addenda.

(Rev. 9/2014) 00 21 13 - 4 Instructions to Bidders

1.7 PRE-BID CONFERENCE

A non-mandatory pre-bid meeting will be held on Thursday, March 26, 2026 at 10am at approximately 229 Stockton Street, inside Union Square, at project site.

1.8 BID SECURITY

A. A Bid Security, in an amount equal to 10 percent of the total Bid Price, shall be submitted with each Bid. The City will reject as non-responsive any Bid submitted without the necessary Bid Security.

B. The bid security may be in the form of a corporate surety bond, a certified check payable on sight to the City and County of San Francisco (for Bid Security amounts less than or equal to

$15,000), or an irrevocable standby letter of credit, on a bank or trust company doing business and having an office in the State of California, having a combined capital and surplus of at least $50,000,000, and subject to supervision and examination by Federal or

State authority.

1.9 STATUTORY BIDDING REQUIREMENTS

A. Pursuant to Administrative Code section 6.21(a)(9), Bidder must submit on the Proposed

Subcontractors Form attached to the Bid forms (refer to Section 00 43 36) information regarding Subcontractors that Bidder intends to employ to perform Work in an amount in excess of one-half of one percent. Bidder shall list only one such Subcontractor for each portion of the Work. Bidder shall complete and submit the Proposed Subcontractors Form with its Bid.

B. Pursuant to Section 4104 of the California Public Contract Code, Bidder must provide the following information with its Bid for each listed subcontractor: i) the name of business; ii) the location of the place of business; iii) portion of work that will be performed by the subcontractor; and iv) the California contractor license number of each subcontractor who will perform work

1. An inadvertent error in listing the California contractor license number for each subcontractor listed number shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected contractor's license number is submitted within 24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor.

2. Failure to complete the required forms as described above, e.g., if the box on the form is blank, the Bidders failure to provide the required information may result in a determination that the Bid is non-responsive.

C. Bidder shall provide DIR Registration Number for the Bidder and all identified subcontractors and ensure that such subcontractors are currently registered with the

California Department of Industrial Relations under California Labor Code section

1725.5.

D. Contractor License: In accordance with the provisions of the California Business and

Professions Code section 7028.15, a bid submitted to the City by a contractor who does not

(Rev. 9/2014) 00 21 13 - 5 Instructions to Bidders hold the license(s) required to perform the Work, issued in accordance with chapter 9 of the

Business and Professions Code, shall be considered non-responsive and shall be rejected by the City. Failure of the Bidder to obtain proper and adequate licensing for award of the

Contract shall constitute a failure to execute the Contract and shall result in the forfeiture of the Bidder's Bid Security. Bidder must be properly licensed at all times during the performance of the Work. Bidder shall list on the Bid Form its current contractor license number.

1.10 CONTRACTOR BIDDER QUALIFICATIONS

A. Bidders' Qualification Statement. Submit sufficient information on the Bidder's

Qualification form (Section 00 45 13), and additional sheets as necessary, to demonstrate to the satisfaction of the City that Prime Contractor (or, if a JV, the managing partner or sponsor) has: successfully completed 3 projects of similar scope/complexity during the last 6 years.

1.11 LOCAL BUSINESS ENTERPRISE (LBE) PROGRAM

A. Bidders' attention is directed to the City’s Non-Discrimination and Subcontracting requirements for this Contract as specified in CMD Attachment 1 and in accordance with

Administrative Code Chapter 14B. Refer to CMD Attachment 1. CMD Attachment 1 may be found at the following website: http://sfgsa.org/index.aspx?page=5365

B. An LBE Subcontracting Participation Requirement under Chapter 14B shall apply to this

Contract. Refer to Supplementary Instructions to Bidders: Local Business Enterprise (LBE)

Program (Section 00 22 11) for more details.

1.12 LOCAL HIRING REQUIREMENTS – does not apply as cost estimate is under $1,170,000.00

1.13 SUBMISSION AND OPENING OF BIDS

A. Bids shall be submitted to bridget.webster@sfgov.org no later than the date and time, and at the place specified in the Advertisement for Bids, or as subsequently specified if changed by

Addendum.

B. Bidder shall fill in all blanks as appropriate on the Bid Form (Section 00 41 00) and shall submit with its Bid the forms listed in the Bidding Forms Checklist (Section 00 40 13) properly completed and executed as needed.

C. The City reserves the right in its sole discretion to allow the successful Bidder a period of time reasonable under the circumstances after Bid opening, which shall be no more than 14 days unless extended in writing by the City, to submit additional forms or documents required by the City and to reject the Bid if such forms or documents are not properly submitted within the time allotted by the City.

D. Bids that are in any way conditional or which make alterations, omissions, or qualifications to the terms of the Bid or Bid Documents may be rejected as incomplete or qualified.

E. All Bid data, except signatures, shall be typed or printed legibly in non-erasable ink, with all strikeovers and corrections initialed by the person signing the Bid.

(Rev. 9/2014) 00 21 13 - 6 Instructions to Bidders

F. Each Bid shall show the full business address of the Bidder and be executed with its usual signature. A Bid by a partnership shall furnish the full names of all partners and shall be signed in the partnership name by one member of the partnership or by an authorized representative, followed by the signature and title of the person signing. A Bid by a corporation, with corporate seal affixed, shall be executed with the legal name of the corporation, followed by the name of the state of incorporation, and the signature and title of the person executing. The name and title of the person executing shall also be typed or printed below the signature. When required by the City, satisfactory evidence of the authority of the officer executing on behalf of the corporation shall be furnished.

G. The City reserves the right after opening Bids to reject any or all Bids, and to waive any minor irregularity in a Bid.

A bid may be rejected if the City determines that any of the bid item prices are materially unbalanced to the potential detriment of the City.

H. Bids will not be opened and read in public on the date Bids are received. We will endeavor to have results issued and posted within 24-36 hours; subsequently, the City will furnish

Bid tabulations to a Bidder who requests said information.

1.14 WITHDRAWAL OR REVISION OF BID

A. Prior to the deadline for Bid opening, a submitted Bid may be revised or withdrawn by notice to Contract Administration Division. Such notice shall be in writing and signed by

Bidder and, to be effective, must be received on or before the deadline for Bid opening.

1. A revised Bid shall be worded so as to not reveal the amount of the original Bid's

Total Bid Price. Bid Security shall be in an amount sufficient for the Bid as revised or resubmitted.

2. A withdrawn Bid may be submitted on or before the deadline for Bid opening.

B. Those Bids not withdrawn prior to the scheduled time for receipt of Bids shall not be withdrawn or modified for a period of 90 days thereafter.

1.15 OBJECTIONS TO BID DOCUMENTS, BID PROTESTS

A. Failure by a Bidder to comply with the procedures set forth in this Paragraph will render any

Objection or Protest inadequate and may result in its rejection by the City.

B. The City will accept and consider the following types of Objections and Protests if they are timely submitted and meet all other applicable requirements of this Paragraph:

1. Written Objections to any provision or legal requirement set forth in or imposed by the

Bid and Contract Documents by a prospective Bidder that are apparent, or reasonably discoverable, 10 days prior to the submission of Bids;

2. Bid Protests submitted by a Bidder after Bid opening against another Bidder or

Bidders; and

3. Protests submitted by a Bidder whose Bid has been rejected by the City based on a determination by the City that the Bid is non-responsive and/or the Bidder is not responsible.

(Rev. 9/2014) 00 21 13 - 7 Instructions to Bidders

C. Objections Prior to Submission of Bids. Should a prospective Bidder object on any ground to any provision or legal requirement set forth in the Bid and Contract Documents (including all Addenda), including but not limited to Objections based on allegations that: (i) the Bid or

Contract Documents are unlawful in whole or in part; (ii) one or more of the requirements of the Bid or Contract Documents is onerous, unfair or unclear; (iii) the structure of the Bid

Documents does not provide a correct or optimal process for the solicitation of the Work;

(iv) the Bid or Contract Documents contain one or more ambiguity, conflict, discrepancy or other error; or (v) the Bid or Contract Documents unnecessarily precludes alternative solutions to the Work, the prospective Bidder must provide timely written notice of

Objection as set forth below.

1. An Objection must be in writing and must be received by the City no later than

10 calendar days prior to the date of Bid opening. If an Objection is mailed, the prospective Bidder bears the risk of non-delivery within the required time period.

Objections should be transmitted by Certified Mail-Return Receipt Requested or by other means that objectively establish the date of receipt by the City. Telephoned

Objections will not be considered.

2. Objections shall be transmitted to Contract Administration Division.

3. The Objection shall state the basis for the Objection, refer to the specific requirement or portion of the Bid or Contract Documents at issue, and shall describe the modification to the Bid or Contract Documents sought by the prospective Bidder. The

Objection shall also include the name, address, telephone number, and email address of the person representing the prospective Bidder.

4. The City, at its discretion, may make a determination regarding an Objection without requesting further documents or information from the prospective Bidder who submitted the Objection. Accordingly, the initial Objection must include all grounds of objection and all supporting documentation or evidence reasonably available to the prospective Bidder at the time the Objection is submitted. If the prospective Bidder later raises new grounds or evidence that were not included in the initial Objection, but which could have been raised at that time, then the City may not consider such new grounds or new evidence.

5. Upon receipt of a timely and proper Objection, the City will review the Objection and conduct an investigation as it deems appropriate. As part of its investigation, the City may consider information provided by sources other than prospective Bidder. At the completion of its investigation, the City will provide a written determination to the prospective Bidder who submitted the Objection. If required, the City may extend the

Bid opening date to allow sufficient time to review and investigate the Objection, and issue Addenda to all Bidders incorporating any necessary changes to the Bid or

Contract Documents.

6. Objections not received within the time and manner specified will not be considered.

A Bidder's failure to provide the City with a written Objection as specified above on or before the time specified above shall constitute a complete and irrevocable waiver of the ground(s) of objection and forfeit the Bidder's right to raise such ground(s) of objection later in the procurement process, in a Government Code

Claim, or in other legal proceedings.

7. A Bidder may not rely on an Objection submitted by another Bidder, but must timely pursue its own Objection.

D. Bid Protest Against Another Bidder. A Bidder may file a protest with the City against another Bidder or Bidders subject to the provisions of this Paragraph. The procedures and time limits set forth in this Paragraph are mandatory and are a Bidder’s sole and exclusive remedy in protesting other Bidders’ Bids. Failure to comply with these procedures shall

(Rev. 9/2014) 00 21 13 - 8 Instructions to Bidders constitute a waiver of any right to pursue the Bid Protest, including filing a

Government Code claim or other legal proceedings. Bid Protests shall be subject to the following time limitations, restrictions and procedures.

1. A Bid Protest shall be in writing and shall be received by the City no later than 5:00 p.m. on the 5th working day after the date of Bid opening. If a Bid Protest is mailed, the Bidder filing the Protest bears the risk of non-delivery within the required time period. Protests should be transmitted by Certified Mail-Return Receipt Requested or by other means that objectively establish the date of receipt by the City.

Telephoned Protest will not be considered.

2. The Bidder filing the Protest must concurrently transmit a copy of the initial Protest document and any attached documentation to the other Bidder(s) who may be adversely affected by the outcome of the Protest.

3. The City will provide the protested Bidders with 5 working days from their receipt of a Bid Protest to respond to the Protest.

4. Bid Protests, responses, and supplemental information, if any, shall be transmitted to

Contract Administration Division.

5. The Bid Protest shall state the basis for the Protest and provide supporting evidence, refer to the specific portion(s) of the Bid that forms the basis of the Protest, and include the name, address, telephone number, and email address of the person representing the prospective Bidder.

6. The City, at its discretion, may make a determination regarding a Protest without requesting further documents or information from the prospective Bidder who submitted the Protest. Accordingly, the initial Protest submittal must include all grounds of Protest and all supporting documentation or evidence reasonably available to the prospective Bidder at the time the Protest is submitted. If the prospective

Bidder later raises new grounds or evidence that were not included in the initial

Protest submittal, but which could have been raised at that time, then the City may not consider such new grounds or new evidence.

7. Upon receipt of a timely and proper Protest, the City will review the Protest and conduct an investigation as it deems appropriate which, among other things, may include the review of information provided by or available from sources other than the protesting and protested Bidders. The City may also consider supplemental correspondence relating to the original ground(s) of Protest submitted by a protesting

Bidder and/or a protested Bidder to the extent the City determines that such information will assist it in resolving the Protest. At the completion of its review and investigation, the City will provide a written determination to the Bidder who submitted the Protest, with a copy to the protested Bidder(s).

8. Protests not received within the time and in the manner specified may not be considered.

9. A Bidder may not rely on a Protest submitted by another Bidder, but must timely pursue its own Protest.

10. If the City determines that a Protest is frivolous, the protesting Bidder may be determined to be non-responsible and that Bidder may be determined to be ineligible for future contract awards.

E. Rejection of a Bid by the City. If the City determines that a Bidder's Bid is non-responsive or that a Bidder is not responsible, the City will issue a Notice of non-responsiveness and/or non-responsibility, as appropriate. Determination of the Notice will set forth the basis for the City's determination and rejection of the Bid.

(Rev. 9/2014) 00 21 13 - 9 Instructions to Bidders

1.16 AWARD OF CONTRACT

A. In accordance with California Labor Code sections 1771.1 and 1725.5, no contract can be awarded to a Bidder without proof that the Bidder and all identified subcontractors are currently registered with the California Department of Industrial Relations.

B. In accordance with San Francisco Administrative Code chapter 6, no bid is accepted and no contract in excess of $1,170,000 is awarded by the City until such time as the General

Manager of the San Francisco Recreation and Park Department recommends the contract for award, and the Recreation and Park Commission adopts a resolution awarding the Contract.

C. Pursuant to Charter section 3.105, all contract awards are subject to certification by the

Controller as to the availability of funds.

D. The Contract, if awarded, will be awarded to the responsible Bidder who submits the lowest responsive Bid based on the lowest overall cost to the City for the Total Bid Price with or without additive or deductive alternate(s) selected by the City in a descending order of priority as announced prior to opening of Bids.

E. The City will issue a written notification of award of the Contract to the successful Bidder.

1.17 CONTRACT SECURITY

A. Article 10 of the General Conditions (Section 00 72 00) sets forth the City’s requirements as to performance and payment (labor and material) bonds.

B. When the successful Bidder delivers the executed Agreement, it must be accompanied by the required performance and payment bonds.

1.18 EXECUTION OF CONTRACT

A. The successful Bidder shall deliver within 10 working days after the date of the City’s written notification of award of the Contract the following properly completed and signed documents to Contract Administration Division.

1. Contract Agreement (Section 00 52 00), 2 original copies with the successful

Bidder’s signature affixed thereto.

a. If successful Bidder is ''doing business as'' company, attach a copy of ''dba'' certificate filed with and certified by the County Clerk.

2. Performance bond and payment (labor and material) bond (Section 00 61 13), 2 original copies of each.

3. Insurance certificates and endorsements including the following:

a. The Contract number ''CON26-0047'' and Project title UNION SQUARE

CAFE RENOVATION, the agent names and telephone numbers, and name the certificate holder as follows:

Contract Administration Division

San Francisco Recreation and Park Department

McLaren Lodge, 501 Stanyan Street

San Francisco, CA 94117

(Rev. 9/2014) 00 21 13 - 10 Instructions to Bidders

b. Name as additional insured the parties as specified in Section 00 73 16, Article ''Insurance for Others''.

c. Otherwise comply with applicable requirements as specified in Section 00 73 16.

4. Corporate authority in the form of resolution or certified extract from the minutes authorizing the signatory to sign on behalf of the corporation.

5. Power of Attorney authorizing signatories to execute Performance and Payment

Bonds.

B. Failure to deliver to the San Francisco Recreation and Park Department one or more of the documents listed in this Article ''Execution of Contract'' shall constitute a refusal to enter into the Contract and may result in forfeiture of Bidder’s bid security.

2002.1.34-1.9 00 21 14 - 1 Questions on Bid Documents Form

DOCUMENT 00 21 14

QUESTIONS ON BID DOCUMENTS (QBD)

Potential Bidders must complete this QBD Form and submit to the address below no later than 10 calendar days before the bid opening date.

Project: UNION SQUARE CAFE RENOVATION

Contract No. CON26-0047 Micro LBE Set-Aside

To:

Jeannine Kane

Email: Jeannine.kane@sfgov.org and cc bridget.webster@sfgov.org

CONTRACTOR’S QUESTIONS

Company Name: Date

Contact Name: Tel:

Title: Fax:

Check One Only (Use separate form for each specifications and drawing question.)

Spec. Section: Paragraph(s):

Drawing Sheet: Detail(s):

Question:

CITY’S REPLY

Mark this box if the QBD can be answered by Bidder's review of the documents. Reply with location(s) where the information can be obtained.

Reply:

By: Bureau/Firm: Date:

The reply is an answer to a Bidder's question. The reply does not change the Bid Documents unless the information contained therein is issued in an Addendum. At the sole discretion of the City, the question and reply may be returned to the questioner and distributed to all bidding general contractors for informational purposes.

City Use Only

QBD No.

Received by:

Date Received:

Addendum Issued? Yes No

Date Sent Response:

mailto:Jeannine.kane@sfgov.org

2002.1.34-1.9 00 22 11 - 1 Supplementary Instructions to Bidders:

Local Business Enterprise (LBE) Program

SECTION 00 22 11

SUPPLEMENTARY INSTRUCTIONS TO BIDDERS: LOCAL BUSINESS ENTERPRISE (LBE)

PROGRAM

1.1 CONTRACT MONITORING DIVISION BIDDING REQUIREMENTS

A. This Contract is subject to the applicable requirements of Chapter 14B of the San Francisco Administrative Code.

B. Bidders' attention is directed to the City’s Subcontracting and Non-Discrimination requirements for this Contract as specified in CMD Attachment A.

C. All references to Section 14B in this Section shall mean the Sections in Chapter

14B of the San Francisco Administrative Code.

D. Prime contractors and subcontractors who are awarded contracts as a result of the bid process are required to use the Peoplesoft Financial System to submit 14B prime contractor and subcontrator payment information, including acknowledgement of payment invoices.

E. To be eligible for award of the Contract, each Bidder must comply with all applicable requirements of the San Francisco Contract Monitoring Division ("CMD").

F. Copies of the LBE certification applications and the listing of CMD-certified LBEs can be obtained from the above website, or at:

Ivan Oldenkamp Contract Monitoring Division SF.gov/cmd 1155 Market Street, 4th Floor, San Francisco, CA, 94103 Phone: 415-857-4604

1.2 LBE CERTIFICATION

A. The San Francisco Contract Monitoring Division certifies firms as Local Business

Enterprise (LBE) which meet the certification requirements under Section 14B.3.

B. The three categories of LBEs are Small-LBEs, Micro-LBEs, or SBA-LBEs. Such

LBEs are also either MBEs, WBEs, or OBEs.

1.3 LBE SUBCONTRACTOR PARTICIPATION

A. There is no LBE Subcontractor Participation Requirement for this Contract. Micro-LBE primes must perform 25% of the work

1.4 BID DISCOUNTS

A. This is a CMD Micro-LBE Set Aside project. Bid discounts do not apply.

1.5 GOOD FAITH EFFORTS REQUIREMENTS

2002.1.34-1.9 00 22 11 - 2 Supplementary Instructions to Bidders:

Local Business Enterprise (LBE) Program

A. Not Applicable

1.6 CMD BIDDING FORMS

A. Submit the following form with the Bid, FORM 3: CMD Non-Discrimination Affidavit (refer to CMD Attachment 4):

1.7 SURETY BOND PROGRAM

A. Bidders are alerted to the City’s surety bond program, which assists LBE contractors in obtaining bonding and financing for contracts awarded by the City of San Francsico. For further information regarding enrollment eligibility and program services contact Jennifer Elmore at (415) 217-6578.

2002.1.34-1.9 00 40 13 - 1 Bidding Forms Checklist

SECTION 00 40 13

BIDDING FORMS CHECKLIST

To be submitted with Bid for:

San Francisco Recreation and Park Department Contract No. CON26-0047

A. Each Bidder shall submit with its Bid the following SIX (6) items, properly completed and executed:

❑ Executed Bid Form (Section 00 41 00), with contractor's license number and expiration date.

❑ Bid security equal to 10% of the Bid (Section 00 43 13).

❑ Proposed Subcontractors Form (Section 00 43 36).

❑ Bidder’s Qualifications (Section 00 45 13).

❑ CMD Form 3 (page 6 of Attachment A.)

❑ Safety Prequalification Form (submitted online, instructions below)

If applicable:

❑ Acknowledgment of Receipt of Addenda (Section 00 43 20) ❑ Proposed Alternate Item Subcontractors Form (Section 00 43 37)

B. The General Manager of the San Francisco Recreation and Park Department reserves the right after opening Bids to reject any or all Bids, and to waive any minor irregularity in a Bid.

C. Bids must be submitted no later than Thursday April 9, 2026, by 2:30 p.m. emailed to bridget.webster@sfgov.org. BIDS WILL NOT BE PUBLICLY READ, HOWEVER, ALL BIDS WILL BE AVAILABLE FOR EXAMINATION UPON REQUEST. Bid results will be issued as soon as practical, usually within 24-36 hours of opening. Bids received after the date and time stated above will be rejected as non-responsive. The time of completion for this project shall be set by the Project Manager. Contractor’s subcontractors must also be properly licensed. Each prospective contractor shall carefully examine the Scope of Work and become thoroughly familiar with the terms and conditions contained therein prior to submitting a bid. Each contractor is also responsible for examining the site. The submittal of a bid shall be conclusive evidence that the contractor has made such an examination.

2002.1.34-1.9 00 41 00 - 1 Bid Form

SECTION 00 41 00

BID FORM

Date of Bid:_____________________

TO, CITY AND COUNTY OF SAN FRANCISCO RECREATION AND PARK DEPARTMENT

In response to the Advertisement for Bids for the following public work:

San Francisco Recreation and Park Department Contract No. CON26-0047 the undersigned Bidder hereby proposes and agrees to execute the required Contract, should it be awarded to the undersigned Bidder, and to do all the work and furnish all the materials therefor all in accordance with the Specifications and Drawings referred to in said Advertisement for Bids and at the prices named in the attached Schedule of Bid Prices.

The undersigned declares: That it is the Bidder (or by holding the position below indicated is authorized to execute this Bid Form on behalf of the Bidder); that said Bidder submits this Bid;

that said Bidder has not, nor have any of its agents, officers, representatives or employees, been guilty of collusion with any officer or representative of the City and County of San Francisco, or with any other party or parties in the submission of this Bid; nor has said Bidder received any preferential treatment by any officer or employee of the City and County in the making or submitting of this Bid. The undersigned declares under penalty of perjury that all representations made on this Bid Form are true and correct.

BUSINESS TAX REGISTRATION DECLARATION: The undersigned further declares and understands that if I am awarded the Contract, each of my Subcontractors and I must maintain a current business tax registration number. If the Tax Collector of the City and County of San Francisco determines that any of my Subcontractors or I do not have or maintain a current business tax registration number, the City may either cancel the Contract or withhold payment.

BOND OR CHECK REQUIRED: There is attached, as required by law, bid security in accordance with the Section 00 21 13 - Instructions to Bidders, Article ''Bid Security''.

LOCAL BUSINESS ENTERPRISE PARTICIPATION AND NON-DISCRIMINATORY EMPLOYMENT

PRACTICES: Provisions of San Francisco Administrative Code Chapters 12B and 14B (including their implementing Rules and Regulations) are incorporated herein and by reference made a part of the Bid Documents as though fully set forth. The Bidder and all subcontractors and suppliers shall comply with these provisions and shall submit all required documents in a timely manner.

The undersigned, having examined all referenced documents and the Drawings, understanding the terms and conditions of the Contract Documents and the local conditions affecting the performance and costs of the Work, and having fully inspected the Site in all particulars, hereby proposes and agrees to fully perform the Work as indicated on the Drawings and in accordance with the requirements of the Contract Documents within the time stated therein, and for the following price(s):

2002.1.34-1.9 00 41 00 - 2 Bid Form

SCHEDULE OF BID PRICES

Bid Item No.

Bid Item Description Amount

1 Base Bid – Renovation of Union Square Café

TOTAL BID PRICE (Summation of Bid items) = $_______________________

ALTERNATES: The following alternate may be selected by the City. In addition, the amount available in the construction budget will be announced immediately before the opening of the Bids.

The City reserves the right to award to the responsible Bidder who submits the lowest responsive Bid based on:

a. the Total Bid Price without alternates in the event that the Total Bid Price exceeds the construction budget amount.

The Bidder further proposes and agrees that if an Alternate is incorporated in the Contract within up to 3 months after the date of the City's written notification of award of the Contract, the Contract Sum will be adjusted by the addition of the Alternate Price bid for the selected Alternate.

A-1 Alternate 1- Union Square Café Roof Replacement

The City reserves the right after opening Bids to reject any or all Bids, and to waive any minor irregularity in a Bid. In case of discrepancy between the sum of Bid item amounts and the Total Bid Price, the sum of said amounts shall prevail. In the case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices Bid and extensions thereof, said unit prices shall prevail.

Bidder acknowledges and agrees that this Bid, if not withdrawn prior to the scheduled time for receipt of Bids, shall not be withdrawn for a period of 90 days thereafter.

Department of Industrial Relations Registration: The undersigned further declares that the Bidder is compliant with the registration requirements of the California Department of Industrial Relations (“DIR”) under California Labor Code section 1725.5, and that its registration with the DIR will be current as of the Bid date.

Time allowed for completion of all Work shall be as specified in Section 00 73 02, beginning with and including the official date of Notice to Proceed as established by the Director of the San Francisco Recreation and Parks, regardless of whether the Contract is awarded under the Total

2002.1.34-1.9 00 41 00 - 3 Bid Form

Bid Price or on the basis of the Total Bid Price and any Alternate or any combination of Alternates.

Check if you are:

For certified LBE only (check applicable): * Certified Small-LBE (n/a) x Micro-LBE (n/a) Certified SBA-LBE (n/a)

MBE WBE OBE

* MBE = Minority Business Enterprise, WBE = Women Business Enterprise, OBE = Other Business Enterprise.

Executed on 20

Name of Firm, Corporation, Partnership or Joint Venture

E-mail Address Signature of Bidder or Authorized Representative

Telephone Number Print Name of Authorized Representative

Contractor's California License No. Position in Firm or Corporation

License Expiration Date Address of Firm or Corporation

S.F. Business Tax Registration Certificate Number

City State Zip Code

Contractor’s DIR Registration No.

Note: If Bidder is a corporation, set forth the legal name of the corporation together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If Bidder is a partnership, set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership.

2002.1.34-1.9 00 43 13 - 1 Bid Security Form

SECTION 00 43 13

BID SECURITY FORM

Bidder shall have this Bid Bond form executed as indicated below unless Bid is accompanied by certified check.

KNOW ALL MEN BY THESE PRESENTS:

That the undersigned General Contractor as principal and the undersigned Surety as obligor, are held and firmly bound unto the City and County of San Francisco, a municipal corporation, as obligee, in the penal sum of ____________________________________________________ Dollars, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators and assigns, jointly and severally, firmly by these presents.

That the General Contractor as principal is submitting a Bid for certain work to be performed for the said City and County of San Francisco described as follows:

(San Francisco Recreation and Park Department Contract No. CON26-0047)

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Bid submitted by said principal be accepted and the Contract be awarded to said principal and if said principal shall within a period of ten (10) days after such award enter into the Contract so awarded and file the required performance and payment corporate surety bonds certificates of insurance, then this obligation shall be void, otherwise to remain in full force and effect.

IN WITNESS THEREOF, the above bounden parties have executed this instrument this

______________day of _____________________, 20____.

(Corporate Seal) Name of Firm, Corporation, Partnership or Joint Venture

Principal

By:

(Corporate Seal)

Surety

I declare under penalty of perjury, under the laws of the State of California, that I have executed the foregoing bond under an unrevoked power of attorney. Executed on [date]________________________, in [City]_______________________, [State]___________________, in conformance with the laws of the State of California.

Attorney-in-Fact

Copyright ©2022City & County of San Francisco CON26-0047

2002.1.34-1.9 00 43 20 - 1 Acknowledgment of Receipt of Addenda

SECTION 00 43 20

ACKNOWLEDGMENT OF RECEIPT OF ADDENDA

If Addenda to the Bid Documents have been issued for this Contract, please indicate receipt thereof by filling in the appropriate Addendum number and filling in date received below. If there are any questions on any Addenda that may have been issued, please contact Jenny Chan, PW Bureau of Engineering, City and County of San Francisco, San Francisco Public Works, 49 South

Van Ness, San Francisco, CA , telephone 628-271-2704.

Addendum No. Date Received

A BID MAY BE RENDERED NONRESPONSIVE IF THE BIDDER DOES NOT

ACKNOWLEDGE THE RECEIPT OF ALL ADDENDA WHICH MAY HAVE BEEN ISSUED FOR

THIS CONTRACT.

Note: The above form is part of the Bid. Signing the Bid Form (Section 00 41 00) shall also constitute signature of this form and Bidder acknowledges that information provided above is true and correct.

2002.1.34-1.9 00 43 36 - 1 Proposed Subcontractors Form

SECTION 00 43 36

(This form replaces CMD FORM 2A)

PROPOSED…