IT HVAC Emergency Generator.pdf

CONTRACT DOCUMENTS FOR

IT HVAC Emergency Generator Project No. CIP26-00009

OCEANSIDE, CALIFORNIA

Prepared by:

City of Oceanside Development Services Department

300 North Coast Highway Oceanside, CA 92054

July 9, 2026

PROJECT INFORMATION

PROJECT NAME: IT HVAC Emergency Generator

PROJECT NUMBER: CIP26-00009

PROJECT MANAGER: Victor Velasco City of Oceanside Development Services Department 300 North Coast Highway

(760) 435-3573

All questions or requests for information of a technical nature should be directed to the Project Manager.

The Plan Holder’s List for this Project can be obtained by contacting the Project Manager.

CITY OF OCEANSIDE CONTRACT DOCUMENTS

TABLE OF CONTENTS

Project: IT HVAC Emergency Generator

CIP26-00009

SECTION 1: NOTICE INVITING SEALED BIDS

SECTION 2: INSTRUCTIONS TO BIDDERS

SECTION 3: BID DOCUMENTS

SECTION 5: AWARD DOCUMENTS

SECTION 6: NOTICE TO PROCEED

SECTION 7: GENERAL PROVISIONS

SECTION 8: SPECIAL PROVISIONS

EXHIBIT 1: STATE LABOR CODE REQUIREMENTS

EXHIBIT 2: STATE PREVAILING WAGE RATES

EXHIBIT 3: FAIR EMPLOYMENT PRACTICES PROVISIONS

EXHIBIT 4: NOTICE OF EQUAL EMPLOYMENT OPPORTUNITIES

EXHIBIT 5: CONSTRUCTION & DEMOLITION DEBRIS RECYCLING

EXHIBIT 6: CALIFORNIA PUBLIC CONTRACT CODE § 9204

EXHIBIT 7: CITY HOLIDAY CALENDAR

IT HVAC Emergency Generator Notice Inviting Sealed Bids

SECTION 1: NOTICE INVITING SEALED BIDS

PROJECT: IT HVAC Emergency Generator

CIP26-00009

1.1 PUBLIC NOTICE IS HEREBY GIVEN that the City of Oceanside, hereinafter referred to as AGENCY, invites sealed bids for the above stated project and will receive such bids in the offices of and addressed to Oceanside City Clerk, 300 North Coast Highway, Oceanside, CA 92054, up to the hour of 2:00 p.m., the 6th day of August, 2026, at which time they will be publicly opened.

1.2 Bids shall be written clearly and legibly in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside “SEALED BID

FOR IT HVAC EMERGENCY GENERATOR, CIP26-00009 – DO NOT OPEN WITH

REGULAR MAIL.”

1.3 The work to be done is described in the Plans, Special Provisions, and other Contract Documents for the above stated project. The AGENCY reserves the right to delete or reduce any bid item at the time the Notice of Award is sent. The general items of work included in the scope of work are as follows:

1.3.1 Scope of Work: The project scope includes the furnishing, installing, and connecting new panelboard, power distribution equipment, transformer, charging equipment, and associated wiring and conduit.

1.3.2 Location of Work: The Work is located at Oceanside City Hall, 300 N. Coast HWY, Oceanside, CA 92054

1.3.3 Plan Reference Numbers: E-001

1.3.4 Time for Completion. Time is of the essence in the performance of work under this contract. All work shall be completed in every detail to the satisfaction of the Engineer, exclusive of Maintenance Periods, within 40 working days after the commencement date set forth in the Notice to Proceed.

1.3.5 Liquidated Damages: Per Section 7 of the General Provisions, Subsection 7.24, the Liquidated Damages for failure of the CONTRACTOR to complete the work within the Contract Time set forth in Subsection 1.3.4 and Section 6, Notice to Proceed are in the sum of One thousand dollars ($1,000) per consecutive day in excess of the contract time.

IT HVAC Emergency Generator Notice Inviting Sealed Bids

1.4 Digital copies of the Plans, Special Provisions, and other Contract Documents are available for viewing and downloading on the City of Oceanside Website at www.ci.oceanside.ca.us. Written requests may also be made to the Project Manager, Victor Velasco, at VVelasco@oceansideca.org.

1.5 The CONTRACTOR to whom the contract is awarded shall be required to possess a Class “A” General Contractor’s License, at the time the contract is awarded.

1.6 As required by the California Labor Code, the CONTRACTOR to whom the contract is awarded, and any subcontractor under him, shall pay all workers employed on this project not less than the wages specified in the General Prevailing Wage Determination Made By The Director of Industrial Relations that is in effect on the date that the invitation for bids is first published (“State Prevailing Wage”) incorporated into this agreement as Exhibit 2. Copies of this Determination are on file with the AGENCY staff, and shall be made available for the review of any interested party upon request.

1.7 Further, there shall be no discrimination in employment practices on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation of such person.

1.8 The AGENCY hereby affirmatively ensures that minority, or women business enterprises will be afforded full opportunity to submit bids in response to this notice and bidders will not be discriminated against on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation.

1.9 Pursuant to California Public Contract Code Section 22300, and at the request and expense of the CONTRACTOR to whom the contract is awarded, securities shall be permitted in substitution of money withheld by the AGENCY to ensure performance under the contract.

1.10 The AGENCY reserves the right to reject any or all bids, to waive any irregularity, and to take all bids under advisement for a period of thirty (30) days after the date the bids are publicly opened.

Pursuant to the authority granted by the City of Oceanside, the AGENCY hereby invites sealed bids for this Project.

PROJECT: IT HVAC Emergency Generator

CIP26-00009

By:

BRIAN K. THOMAS

Title: City Engineer

Date: 7/9/2026

SECTION 2: INSTRUCTIONS TO BIDDERS

The Bidder shall be responsible for complying with all Local, State, and Federal laws whether or not said laws are expressly stated or referred to herein.

2.1 CONTRACT DOCUMENTS. The Contract Documents for this project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Bid Documents, Notice of Award, Award Documents, Notice to Proceed, General Provisions, Special Provisions, Plans, Exhibits 1 through Exhibit 7, and all permits from other agencies as may be required by law.

The Contract Documents may be amended in writing from time to time in accordance with Subsections 2.9, 5.1.16, and 7.21, to clarify or modify the work contemplated in order to ensure the completion of the work in an acceptable manner. These amendments shall be incorporated into the Contract Documents.

The precedence of the Contract Documents is set forth in Subsection 5.1.1.

2.2 DEFINITIONS. The definitions set forth in this subsection shall apply to all Contract

Documents.

a. Addenda – Written or graphic instruments issued in accordance with Subsection

2.9 prior to the opening of Bids, which clarify, correct or change the Contract Documents.

b. AGENCY - City of Oceanside.

c. Agreement – The written Public Works Agreement (Subsection 5.1) between the

CONTRACTOR and the AGENCY which sets forth the Work to be performed and which incorporates all Contract Documents.

d. Bid – The firm offer by the Bidder to perform the Work set forth in the Contract

Documents for the price set forth in the Bid Schedule.

e. Bidder – The legal entity (individual, sole proprietorship, partnership, corporation, or otherwise) submitting a Bid for the Work, acting through a duly authorized representative pursuant to Subsection 2.5, or a designated representative pursuant to the Notice of Award.

IT HVAC Emergency Generator Instructions to Bidders

f. Bidder’s Security – The security to be submitted by the Bidder pursuant to Subsection 2.13 to be used by the AGENCY in the event of the Bidder’s failure to properly execute the necessary Award Documents set forth in the Notice of Award.

g. Board – City Council of the City of Oceanside.

h. Caltrans – California Department of Transportation.

i. City Attorney – The City Attorney of the City of Oceanside, or any Assistant or

Deputy thereof.

j. City Clerk – The City Clerk of the City of Oceanside or the City Clerk’s authorized designees.

k. Code – The codes of the State of California, unless otherwise specified.

l. Completion Date - The date of completion of all work under the Agreement as set forth in Section 6.

m. Contract – Contract Documents as defined in Subsection 5.1.1.

n. CONTRACTOR – The legal entity (individual, sole proprietorship, partnership, corporate, or otherwise) with whom the AGENCY has entered into the Agreement, acting through a duly authorized representative pursuant to Subsection 2.5. Upon proper execution of the Agreement, the CONTRACTOR shall be responsible for compliance with all requirements under the Contract Documents of the CONTRACTOR, the Bidder, the Successful Bidder, and the Prime

CONTRACTOR.

o. Contract Price – The “total amount bid” set forth in the Bid Schedule (Subsection

3.5).

p. Contract Time – The amount of time for performance of all work under the

Agreement as set forth in Section 6.

q. County – San Diego County.

r. Day/Work Day – Unless otherwise specified, the term “day” shall mean a calendar day of 24 hours, measured from midnight to the next midnight. A “work day” is any day other than 1) Saturday; 2) Sunday; 3) any day designated as a holiday by the AGENCY; 4) any other day designated as a holiday in a Master Labor Agreement entered into by the CONTRACTOR or on behalf of the CONTRACTOR as an eligible member of a Contractor Association, provided that the CONTRACTOR makes a written request for written confirmation from the Engineer within twenty

(20) days after the designated holiday.

s. Engineer – The City Engineer of the City of Oceanside or the City Engineer’s authorized designees.

t. Federal – The United States of America.

u. Plans – The design of the project as set forth in the Plan Reference Numbers referred to in Subsection 5.1 and amendments thereto approved in accordance with the Contract Documents. The plans describe the location, character, dimensions and details of the Work.

v. Project – The result of the performance of all Work set forth in the Contract

Documents.

w. Scope of Work – The general description of the Work to be performed under the

Contract Documents as set forth in Subsection 1.3 of the Contract Documents.

x. Section/Subsection – A reference in the Contract Documents to “Section” or

“Subsection” shall refer to the Section or Subsection of the Contact Documents unless otherwise specified.

y. Site – The property within which the CONTRACTOR shall perform the Work under the Contract Documents as described in the Plans.

z. Specifications – Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto.

aa. Standard Drawings – The Regional Standard Drawings, San Diego Area, 1988, and AGENCY approved supplements thereto.

bb. Standard Specifications – The 2021 edition of the Standard Specifications for

Public Works Construction, including all supplements, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Copies of the Standard Specifications are available from the publisher, Buildings News, Incorporated, 3055 Overland Avenue, Los Angeles, CA 90034, 1-888-264-7483.

cc. Standard Specifications of the City of Oceanside – The most recent edition of the City of Oceanside Engineers Design and Processing Manual. Copies of this manual are available from the Development Services Department on the City’s Website at https://www.ci.oceanside.ca.us/gov/dev/eng/edpmanual.asp.

dd. State – The State of California.

ee. Subcontractor – Any legal entity (individual, sole proprietorship, partnership, corporate, or otherwise) having a direct contract with the CONTRACTOR or any other subcontractor for the performance of a part of the Work.

ff. Work – Furnishing all materials, equipment, tools, labor and incidentals required by the Contract Documents to complete the project in a good and workmanlike manner satisfactory to the Engineer.

2.3 DELIVERY OF BID. Bids may be mailed or delivered by messenger. However, it is the Bidder’s responsibility alone to ensure that the bid is received by the City Clerk prior to the hour and date for the bid opening specified in the Notice Inviting Sealed Bids. Any bids received by the City Clerk after the hour and date for the bid opening specified in the Notice Inviting Sealed Bids shall be returned unopened.

2.4 BID DOCUMENTS: All Bid Documents shall be typewritten or printed clearly and legibly in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside, “SEALED BID FOR IT HVAC EMERGENCY

GENERATOR CIP26-00009 – DO NOT OPEN WITH REGULAR MAIL.”

The Bid Documents for this project shall consist of Section 3, of the Contract Documents as follows:

Examination of Project Site and Contract Documents Bidder’s Certifications Assignment by Bidder to AGENCY Bidder’s Obligations upon AGENCY’s Acceptance of Bid Bid Schedule

Designation of Subcontractors Contractor’s License Other Principals with Bidder Bankruptcy Judgments and Financial Condition References Designation of Sureties Labor Requirements Fair Employment Practices Provisions Equal Employment Opportunity Compliance Additional Pages

Non-Collusion Affidavit Bidder’s Security

2.5 BIDDER’S SIGNATURES

2.5.1 The Bidder shall sign two documents in the Bid Documents:

a. Bid

b. Bidders Security

2.5.2 The legal name of the Bidder shall be typewritten or printed in Subsection 3.16(c) and below the signature line. The type of legal entity shall be included in the name of the Bidder (Examples: individual, sole proprietorship, general partnership, limited partnership, corporation). The name and title of all individuals signing for the entity (“Signatories”) shall be typewritten or printed in Section 3.16(a) and 3.16(b) and below the signature line. All signatures shall be notarized.

The Bidder shall provide evidence that the individuals signing the document are authorized to bind the legal entity of the Bidder. The notarization does not constitute such proof unless the legal entity of the Bidder is an individual.

2.5.3 Sole Proprietorship. If the Bidder is a sole proprietorship, either a State Fictitious Business Name Statement or a City of Oceanside Business License is sufficient to establish the authority of an individual to bind the sole proprietorship.

2.5.4 Corporation. If the Bidder is a corporation, proof of authorization shall be established (pursuant to Corporation Code Section 313) if one of the corporate officers listed in column A below and one of the corporate officers listed in column below both sign the documents.

A B Chairman of Board Secretary or AND or President Assistant Secretary or or A B Vice President Chief Financial Officer or Assistant Treasurer

For any other combination of signatures of corporate officers, a copy of the board minutes, resolution, or articles of incorporation may be submitted to establish that the individuals have the authority to bind the corporation.

2.5.5 Partnership. If the Bidder is a Partnership, a State Certificate of Partnership (State form LP-1 for Limited Partnerships), or a copy of the Partnership Agreement is sufficient to establish the authority of a single General Partner to bind the Partnership.

2.5.6 Multiple Entities. If the individual or individuals signing the documents are signing on behalf of an entity other than the Bidder, and that other entity is authorized to bind the legal entity of the Bidder, then documentation must be submitted which establishes that the individuals have the authority to bind the other entity, and that the other entity has the authority to bind the legal entity of the Bidder.

2.6 CONTRACTOR’S LICENSE. The CONTRACTOR to whom the contract is awarded shall be required to possess a Class “A” General Engineering Contractor’s License pursuant to Business and Professions Code Section 7056, at the time the contract is awarded.

2.7 DISQUALIFICATION OF BIDDERS. In the event that any bidder acting as a prime contractor has an interest in more than one (1) bid, all such bids shall be rejected, and the Bidder shall be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one (1) bidder, and while doing so, may also submit a formal bid as a prime contractor.

2.8 DESIGNATION OF SUBCONTRACTORS. The Bidder shall comply with the Subletting and Subcontracting Fair Practices Act as set forth in the Public Contract Code Section 4100 et seq., hereinafter referred to as the “Subcontracting Act.” Any reference in these Contract Documents to the requirements of the Subcontracting Act are for the bidder’s reference, and shall not limit the CONTRACTOR’s obligations under law.

2.8.1 The Bidder shall set forth in Subsection 3.6 of the Bid Documents:

a. The name, the location of the place of business, the California contractor license number, and the public works contractor registration number issued pursuant to Section 1725.5 of the Labor Code of each subcontractor who will perform work or labor or render service to the Bidder in or about the construction of the work for this project, or a subcontractor licensed by the State of California who, under subcontract to the Bidder, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one–half (½) of one percent (1%) of the Bidder’s total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half (½) of one percent (1%) of the Bidder’s total bid or ten thousand dollars ($10,000.00), whichever is greater.

b. The portion of the work which will be done by each subcontractor described in

Subsection 2.8.1(a) above.

2.8.2 The Bidder shall list only one subcontractor for each portion of the Work as is defined by the Bidder in the Bid Schedule.

2.9 INTERPRETATIONS OF PLANS AND CONTRACT DOCUMENTS. If the Bidder is in doubt as to the meaning of any part of the Plans, Special Provisions or other Contract Documents, or finds discrepancies in or omissions from the Contract Documents, the Bidder shall submit to the City Clerk a written request for an interpretation or correction thereof prior to the time of publicly opening the bids. The Bidder shall be responsible for the prompt delivery of the request.

Any interpretation or correction of Contract Documents will be made only by written addendum by the Engineer to the Contract Documents. A copy of any addendum shall be delivered by the AGENCY to each person receiving a set of Contract Documents for this project.

The AGENCY shall not be responsible for any explanation or interpretations of the Contract Documents other than by written addendum. No oral interpretations of any provision in the Contract Documents shall be binding upon the AGENCY.

2.10 PREFERENCES FOR MATERIALS. Pursuant to Public Contract Code Section 3400, the AGENCY shall not limit the bidding, directly or indirectly, to any one specific concern.

Whenever any particular material, process, or equipment is indicated in the Contract Documents by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words “or equal.” A listing of materials is not intended to be comprehensive, or in order of preference. The CONTRACTOR may supply any of the materials specified, or offer any material, process, or equipment considered to be equivalent to that indicated. Unless the CONTRACTOR clearly indicates in its Bid that it intends to offer an “equal” product, the Bid shall be considered as offering the brand name product.

The CONTRACTOR shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The CONTRACTOR shall, at its expense, have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function, and will sufficiently match other products in use by the AGENCY on public improvements either competed or in the course of completion.

Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent.

All data and test results submitted by the CONTRACTOR in substantiation of the offered substitute shall be submitted to the Engineer within thirty-five (35) days after the Notice of Award, unless such submittal date is extended in writing by the Engineer. The Engineer shall make a determination to the CONTRACTOR, within ten (10) working days after the

CONTRACTOR submits all substantiation of the offer, as to whether or not the offered substitution may be used in the performance of the Contract. A failure by the Engineer to issue a written determination to the CONTRACTOR within said ten (10) working days shall be deemed to be a rejection of the offered substitute. The Engineer’s determination shall be final. Installation and use of a substitute item shall not be made by CONTRACTOR unless and until approved by the Engineer.

If a substitute offered by the CONTRACTOR is not found to be equal to the specified material, the CONTACTOR shall furnish and install the specified material at the price set forth in the Bid Schedule.

The CONTRACTOR shall not be entitled to an extension of Contract Time resulting from a request for substitution of materials.

2.11 IRREGULAR BIDS. Irregular bids may be rejected by the AGENCY.

A bid shall be considered irregular if any of the following situations occur:

(a) The Bid contains unauthorized provisions, conditions, limitations, or alternatives.

(Alternative Bids shall not be considered unless specifically requested and authorized by the AGENCY prior to the bid opening.)

(b) The Bid is not typewritten or is not printed in ink.

(c) The Bid contains interlineations, alterations, erasures, clerical errors, or is otherwise illegible or unclear.

(d) The Bid is not properly signed in accordance with these instructions.

(e) The Bid is made on a form other than those provided in Section 3 of these Contract

Documents. Additional descriptive matter may be submitted with the Bid if clearly documented in subsection 3.15 of the Bid Documents.

(f) The Bid is sent without sufficient postage.

(g) Multiple project bids are contained in the same envelope.

The AGENCY reserves the right to waive any irregularity except that the AGENCY shall not re-compute, adjust or modify the total amount bid submitted by any Bidder. The AGENCY reserves the right to adjust any Lump Sum or Unit Price item if the Total Bid Amount does not reflect the added value of the individual Bid items.

2.12 WITHDRAWAL OF BIDS. After a bid is received by the City Clerk, the bid may be withdrawn only by a written request signed by the Bidder. In order to cause a withdrawal of the bid, the request must be received by the City Clerk prior to the hour and date for the bid opening specified in the Notice Inviting Sealed Bids.

No oral request for withdrawal will be considered. No oral or written request for modification will be considered. The withdrawal of a bid shall not prejudice the right of the Bidder to submit a new bid, provided the new bid is submitted in accordance with these Instructions to Bidders.

After the bids have been publicly opened, they shall not be withdrawn by the bidders for a period of at least thirty (30) days subject to the exception stated in the paragraph below.

The thirty (30) day period may be extended upon the written request by the Engineer and written approval by the Bidder.

A bidder shall be permitted to withdraw a bid after the opening of the bids only if the Bidder establishes to the satisfaction of the Engineer all of the following:

a. A clerical error was made by the Bidder in filling out the bid and the error was not due to an error in judgment, or an error in inspecting the site of the work, or an error in reading the plans or specifications.

b. The clerical error made the bid materially different than the Bidder intended the bid to be.

c. The Bidder gave the AGENCY written notice within five (5) days after the opening of the bids, which notice specifies in detail the nature of the error and how the error was made.

2.13 BIDDER’S SECURITY. A bid shall not be considered by the AGENCY unless a bidder’s security in an amount equal to at least ten percent (10%) of the amount bid is enclosed with it in the sealed envelope. The bidder’s security shall be in one of the following forms:

a. Cash

b. Cashier’s check made payable to the AGENCY

c. A certified check made payable to the AGENCY

d. A bidder’s bond executed by an admitted surety insurer, made payable to the

AGENCY in the form of the Bidder’s Bond in Subsection 3.17 of the Contract Documents. The Power of Attorney for the attorney in fact of the surety must be current and attached to the bond. The signature of the attorney in fact shall be notarized.

The Bidder’s Security shall be held by the AGENCY and remain in effect until the successful bidder properly executes the necessary Award Documents as set forth in the Notice of Award (Section 4 of these Contract Documents).

If the Bidder is issued a Notice of Award by the AGENCY and the Bidder does not properly execute the necessary Award Documents as set forth in the Notice of Award, the award of Contract shall be void, and the Bidder’s Security shall be forfeited to the AGENCY. The forfeited Bidder’s Security shall be utilized by the AGENCY in accordance with Public Contract Code Sections 20170 through 20174.

2.14 AWARD OF CONTRACT. After the bids are publicly opened, the AGENCY shall review all bids for responsiveness to these Instructions to Bidders and the Bid Documents, compare the bids to the Engineer’s estimate, and investigate the responsibility and qualifications of all Bidders to whom the award is contemplated for a period not to exceed sixty (60) days unless extended by written agreement between AGENCY and Bidder.

A responsible bidder shall be considered a bidder who has demonstrated the attribute of trustworthiness as well as quality, fitness, capacity and experience to satisfactorily perform the contract.

The AGENCY reserves the right to reject any or all bids and to waive any irregularity except that the AGENCY shall not re-compute, adjust or modify the total amount bid submitted by any Bidder. The AGENCY reserves the right to adjust any Lump Sum or Unit Price item if the Total Bid Amount does not reflect the added value of the individual Bid item.

If the AGENCY determines that it is in the AGENCY’s best interest to award the contract, a Notice of Award shall be issued and sent to the responsible Bidder which has submitted the lowest responsive total bid amount as determined by the AGENCY.

AGENCY shall not be contractually obligated to any Bidder until a Notice of Award has been duly issued and a contract executed by both the Bidder and the AGENCY.

2.15 CONTRACT BONDS. Before execution of the contract, the Bidder shall provide three good and sufficient bonds in the amounts listed below:

a. “Performance Bond” for one hundred percent (100%) of the contract award to guarantee faithful and timely performance of all work, in a manner satisfactory to the AGENCY, and further guarantee that all materials and workmanship will be free from original or developed defects.

b. “Payment Bond” (material and labor bond) for one hundred percent (100%) of the contract award to satisfy claims of material suppliers, mechanics, and laborers employed by Bidder on the Work that is the subject of the agreement.

To Be Submitted As 13 Part of Bid Documents

SECTION 3: BID DOCUMENTS

3.1 EXAMINATION OF PROJECT SITE AND CONTRACT DOCUMENTS. The

Bidder declares that the project site, the terms of all Contract Documents, and the local conditions (including costs and physical conditions) affecting the performance of the work have all been carefully examined by the Bidder. The Bidder has taken all actions necessary to determine the requirements and difficulties of performance of the work.

The Contract Documents for this project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Bid Documents, Notice of Award, Award Documents, Notice to Proceed, General Provisions, Special Provisions, Plans, Exhibit 1 through Exhibit 7, and all permits from other agencies as may be required by law.

The Contract Documents may be amended in writing from time to time in accordance with Subsections 2.9, 5.1.16, and 7.21, to clarify or modify the work contemplated in order to ensure the completion of the work in an acceptable manner. These amendments shall be incorporated into the Contract Documents.

The precedence of the Contract Documents is set forth in Subsection 5.1.1.

The Bidder’s failure or omission to receive or examine any part of the Contract Documents, or to visit the site and be familiar with the existing conditions, shall in no way relieve the Bidder from obligation with respect to this bid or to the performance of the work under this contract.

3.2 BIDDER’S CERTIFICATIONS. Based upon the Bidder’s above-stated examination of the project site and Contract Documents, and in accordance with the AGENCY’s Notice Inviting Sealed Bids, the Bidder hereby bids to perform or cause to be performed all work as set forth in the Contract Documents which shall consist of furnishing all materials, equipment, tools, labor, transportation, services, and incidentals required to complete the project in a good and workmanlike manner satisfactory to the Engineer.

The Bidder understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.

IT HVAC Emergency Generator Bid Documents

To Be Submitted As 14

The Bidder understands that the unit prices set forth by the Bidder in the Bid Schedule shall include all appurtenant expenses, premiums, taxes, royalties, and fees. The Bidder shall make no reference in the Bid to Sales Tax, Use Tax, or any other tax. The Bidder shall make no reference in the Bid to any patent fees or royalties on any patented article or process which may be furnished or used in the Bid. The Bidder shall make no reference in the Bid to any premium for insurance or surety bonds. All amounts bid shall be deemed and held to include any such taxes, fees, royalties, or premiums which may be applicable.

The CONTRACTOR shall be responsible for all loss or damage arising out of the nature of the work, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the AGENCY, except as is otherwise provided in California Public Contract Code Section 7105. CONTRACTOR shall also be responsible for expenses incurred in the suspension or discontinuance of the Work unless the CONTRACTOR is granted an extension of time for completion and a contract change order pursuant to Subsection 7.21 of the General Provisions.

The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation of the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others.

3.3 ASSIGNMENT BY BIDDER TO AGENCY. Pursuant to Public Contract Code Section 7103.5, in submitting a bid to AGENCY, Bidder offers and agrees that if the bid is accepted, it will assign to the AGENCY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act, (Chapter 2; commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from purchases of goods, materials, or services by Bidder for the sale to AGENCY pursuant to the bid. Such assignment shall be made and become effective at the time AGENCY tenders final payment to Bidder.

3.4 BIDDER’S OBLIGATIONS UPON AGENCY’S ACCEPTANCE OF BID. If this bid is accepted for award by AGENCY, the Bidder receives a Notice of Award, Bidder agrees to properly execute all Contract Documents including bonds and insurance certificates in the time and manner specified in the Notice of Award.

Time is of the essence in the Bidder’s performance of all obligations under these Contract Documents and all timing requirements shall be strictly adhered to unless otherwise modified by the AGENCY in accordance with the Contract Documents.

Bidder understands that failure to properly execute the Contract Documents in the time and manner specified in the Notice of Award shall result in forfeiture to the AGENCY of the Bidder’s Security accompanying this bid. Upon proper execution of the Contract Documents by the Bidder and AGENCY, the Bidder shall perform all work for this project at the unit prices set forth in the following Bid Schedule.

To Be Submitted As 15

3.5 BID SCHEDULE.

The contract is subject to award to the lowest responsive and responsible bidder based on the Total Bid Amount.

Item Description Estimated Quantity

Unit Unit Price

Extended Amount

1 On-Site Improvements 1 LS $ $

Total Bid Amount in Numerals: $

Total Bid Amount in Words: $

Contractor

By

By

Address

Telephone Number

To Be Submitted As 16

DESIGNATION OF SUBCONTRACTORS. As specified in Subsection 2.8 of the Instructions to Bidders, the Bidder shall comply with the Subletting Subcontracting Fair Practices Act as set forth in the Public Contract Code Section 4100 et seq.

(“Subcontracting Act”).

3.5.1 The Bidder shall be subject to the penalties set forth in the Subcontracting Act if the Bidder lists in his bid another contractor who will in turn sublet portions constituting the majority of work covered by the prime contract.

3.6.2 If the Bidder fails to specify a subcontractor or if the Bidder specifies more than one (1) subcontractor for the same portion of the work in excess of one-half (½) of one percent (1%) of the bidder’s total bid, the Bidder agrees that it is fully qualified to perform that portion itself, and that the Bidder shall perform that portion itself.

If, after award of contract, the successful bidder (“CONTRACTOR”) subcontracts, except as provided in the Subcontracting Act, the CONTRACTOR shall be subject to the penalties set forth in the Subcontracting Act. If the CONTRACTOR violates any provisions of the Subcontracting Act, the CONTRACTOR violates the contract, and the City Council may either cancel this Contract or assess a penalty to the CONTRACTOR in accordance with the terms of the Subcontracting Act.

3.6.3 The Bidder hereby certifies that the following is a list of all subcontractors which the Bidder is required by law to name in this bid:

Item #’s of Work Full Company Name, Address and Phone Type and % of Work to be Performed License No.

& Classification;

DIR Registr. No.

1.

2.

3.

To Be Submitted As 17

Item #’s of Work

Full Company Name, Address and Phone

Type and % of Work to be Performed

License No.

& Classification;

DIR Registr. No.

4.

5.

6.

7.

8.

9.

10.

To Be Submitted As 18

3.6 CONTRACTOR’S LICENSE; PUBLIC WORKS CONTRACTOR REGISTRATION.

Bidder certifies, under penalty of perjury, that the following information is true and correct.

Any bid not containing the State Contractor’s License Number, Class, and Expiration Date, and the public works contractor registration number issued by the Department of Industrial Relations (“DIR”), or a bid containing information which is subsequently proven false, shall be considered non-responsive and shall be rejected by the AGENCY.

Bidder’s Legal Name

State Contractor’s License No. & Class

Original Date Issued

Expiration Date

DIR Registration Number

3.8 OTHER PRINCIPALS WITH BIDDER. The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this bid:

All current and prior DBA’s aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows:

3.9 BANKRUPTCY JUDGMENTS AND FINANCIAL CONDITION. If requested by AGENCY, the Bidder shall furnish, within ten (10) working days of request, a notarized financial statement, further references, and other information sufficiently comprehensive to permit an appraisal of the Bidder’s current financial condition.

The date of any voluntary bankruptcy judgments against any principal having an interest in this bid are as follows:

To Be Submitted As 19

3.10 REFERENCES. The Bidder shall provide evidence that the Bidder has had the prior experience to properly perform in accordance with the terms of these Contract Documents.

The following are the five (5) most recent projects for which the Bidder has performed similar work of similar type, complexity, and dollar value recently constructed by the Bidder. The names, addresses, and phone numbers of the contracting agencies must be included:

Date

Completed Agency Name, Address & Phone Type of Work

Performed Contract

Amounts

1.

2.

3.

4.

5.

To Be Submitted As 20

3.11 DESIGNATION OF SURETIES.

(a) PROJECT AWARDS OF $250,000.00 OR MORE

The bidder shall provide one of the following sureties:

1. A California admitted surety complying with Code of Civil Procedure §995.660; or

2. A current Treasury Listed Surety (Federal Register); or

3. A surety rated as A-X or higher by A.M. Best.

(b) PROJECT AWARDS OF LESS THAN $250,000.00

The bidder shall provide one of the following sureties:

1. A California admitted surety complying with Code of Civil Procedure §995.660; or

2. A current Treasury Listed Surety (Federal Register); or

3. A surety rated as B or higher by A.M. Best.

(c) A designated surety bond shall be made payable to the AGENCY. The bond shall contain a notarized signature of a duly authorized attorney-of-fact for the surety and be supported by a current power-of-attorney for the signator.

3.12 LABOR REQUIREMENTS. The Bidder certifies that it shall comply with the State Labor Code Requirements as set forth in Exhibit 1 attached hereto.

Pursuant to State Labor Code requirements, the Bidder shall comply with the General Prevailing Wage Determination Made by the Director of Industrial Relations as set forth in Exhibit 2 attached hereto (“State Prevailing Wages”).

3.13 FAIR EMPLOYMENT PRACTICES PROVISIONS. Bidder certifies that affirmative action has been and shall be taken to meet all requirements of the Fair Employment Practices Provisions as set forth in Exhibit 3 of the Contract Documents, and that such affirmative action has been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder.

3.14 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE. Bidder certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any agency, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

3.15 ADDITIONAL PAGES. The Bidder declares that the pages listed in this Subsection were added and included with these Bid Documents in order to accurately respond to the Instructions to Bidders and the Bid Documents. The following descriptions include the general nature of the additional information, as well as the number of additional pages. If any blank lines to not apply to the Bidder’s Bid, write “None” on the blank line.

To Be Submitted As 21

a) Addenda No(s)

b) Bidder’s Security submitted pursuant to Subsection 2.13 of the Instructions to Bidders

c) All other additional pages

3.16 NON-COLLUSION AFFIDAVIT. Bidder shall fill in the three blank lines below with:

(a) The name of the person signing this bid on behalf of the Bidder.

(b) The title of the person signing this bid in relation to the Bidder.

(c) The legal name of the bidder.

(a) , being first duly sworn, deposes and says under penalty of perjury under the laws of the State of California that he or she has the right, power, legal capacity, and authority to execute this Bid as (b) of (c) , the Bidder, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true, and, further that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity and authority to enter into and execute these Bid Documents on behalf of the bidder, and have caused these Bid Documents to be executed by setting hereunto their names, titles, and signatures hereon this day of __________________, 2026, at ___________________ County, in the State of _______________________.

To Be Submitted As 22

PROJECT: IT HVAC Emergency Generator

CIP26-00009

BIDDER:

Signature

Signature

Name and Title of Signatory

Legal Name of Bidder

Telephone Number Federal Tax ID Number

SIGNATURES MUST BE MADE AND NOTARY ACKNOWLEDGEMENTS OF

EXECUTION OF BIDDER MUST BE ATTACHED IN ACCORDANCE WITH

SUBSECTION 2.5 OF THE INSTRUCTIONS TO BIDDERS.

To Be Submitted As 23

SECTION 3: BID DOCUMENTS

3.17 BIDDER’S BOND

CIP26-00009

KNOW ALL MEN BY THESE PRESENTS, that we, as Bidder, and , as Surety, are held and firmly bound unto the City of Oceanside, as AGENCY, in the penal sum of ____________________________ dollars ($____________), lawful money of the United States, which sum is at least ten percent (10%) of the total amount bid by Bidder to AGENCY for the above stated project, for the payment of which sum well and truly made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that if the above bounden Bidder submits a bid to AGENCY for the above referenced project (the terms and conditions of the bid are incorporated herein by reference); and if said bid is rejected by the AGENCY, or if said bid is accepted by the AGENCY and the Bidder properly executes all Contract Documents including bonds and insurance certificates in the time and manner specified in the Notice of Award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect in favor of AGENCY.

In the event suit is brought upon this bond by the AGENCY and judgment is recovered, the surety shall pay all reasonable costs incurred by the AGENCY, including a reasonable attorney’s fee to be fixed by the court.

IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity and authority to enter into and execute this document on behalf of the above bounden Bidder and Surety, and have set their names, titles, and signatures hereon this _____ day of ________________, 2026.

BIDDER SURETY

By: By:

By: By:

Address Address

Telephone Number Telephone Number

NOTARY ACKNOWLEDGEMENTS OF BIDDER AND SURETY MUST BE ATTACHED.

C I T Y O F O C E A N S I D E D E V E L O P M E N T S E R V I C E S D E P A R T M E N T / E N G I N E E R I N G D I V I S I O N

To Be Submitted As 24 Part of Award Documents

Contact Via Certified Mail Contractor’s Name

SUBJECT: CONTRACT DOCUMENTS

SECTION 4: NOTICE OF AWARD

Dear Contact:

The Oceanside City Council on behalf of the City of Oceanside, as AGENCY, awarded the contract for the above referenced project to (Contractor’s Name), as CONTRACTOR, on the _____ day of ________________, 2026.

EXECUTION OF AWARD DOCUMENTS

In accordance with the Instructions to Bidders and the Bid Documents, the CONTRACTOR shall properly execute and deliver to the Engineer each of the following Award Documents:

1. Public Works Agreement, and

2. Faithful Performance Security, and

3. Payment Bond, and

4. Workers’ Compensation Insurance Certification, and

5. Liability Insurance Certification.

If all the Award Documents listed above have not been properly executed and delivered to the Engineer within ten (10) working days of this Notice of Award, this award of contract shall be void, and the Bidder’s Security submitted by the CONTRACTOR shall be forfeited to the AGENCY.

The contract for this project shall not be considered binding upon the AGENCY until the Public Works Agreement has been properly executed by both the CONTRACTOR, and the AGENCY.

To Be Submitted As 25

The Public Works Agreement, the Faithful Performance Security, and the Payment Bond shall be signed by the CONTRACTOR (Bidder) in accordance with Subsections 2.5.2 through 2.5.6 of the Instructions to Bidders. When surety bonds are used as security, the surety’s attorney in fact must have a current power of attorney attached to the bonds. The signature of the Attorney in Fact shall be notarized. Surety bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California.

The date on page one (1) of the Public Works Agreement shall be left blank. The date shall be filled in by the City Manager on the date that the AGENCY executes the Agreement.

The faithful performance security shall be in a sum not less than one hundred percent (100%) of the total contract price, in the form of the attached Performance Bond.

Pursuant to Civil Code Sections 9550 and 9554, the CONTRACTOR shall file a payment bond with and approved by the AGENCY. The payment bond shall be in a sum not less than one hundred percent (100%) of the total contract price. The payment bond shall be in the form of the attached Payment Bond and not a deposit in lieu of a bond.

The Workers’ Compensation Insurance Certificate shall be provided pursuant to Subsection 5.1.9 of the Public Works Agreement. The Liability Insurance Certificate shall be provided pursuant to Subsection 5.1.10 of the Public Works Agreement.

Should any bond, security, or insurance certificate become insufficient or unsatisfactory to the AGENCY, notice will be given to the CONTRACTOR to that effect, and the Engineer may issue a Stop Work Notice to suspend the CONTRACTOR’s performance until a satisfactory substitute is posted by the CONTRACTOR. No further payments shall be deemed due or will be made under the Contract until a satisfactory substitute is posted by the CONTRACTOR.

CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK

In addition to submitting the Award Documents, the CONTRACTOR shall submit a proposed Construction Schedule to the Engineer within ten (10) working days after the date of the Notice of Award.

The construction schedule shall be in the form of a tabulation, chart, or graph and shall be in sufficient detail to show the chronological relationship and critical path of all activities of the project including, but not limited to, estimated starting and completion dates of various activities, submittal of shop drawings to the Engineer for approval, procurement of materials, and scheduling of equipment. The construction schedule shall include time, as necessary, for the protection, removal, or relocation of utilities and other existing improvements. The construction schedule shall reflect completion of all work under the Contract within the specified Contract Time and in accordance with these specifications.

The construction schedule shall be supported by written statements from each supplier

To Be Submitted As 26 of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered.

Per Section 7, Subsection 7.24, the liquidated damages for failure of the Contractor to complete the work within the Contract Time set forth in Subsection 1.3.4 and Section 6, Notice to Proceed are in the sum of seven hundred fifty dollars ($750) per consecutive calendar day in excess of the Contract Time specified.

COMPLIANCE WITH NPDES AND STORMWATER DISCHARGE REQUIREMENTS

Prior to the commencement of any work, the CONTRACTOR shall verify evidence of existing coverage under California’s Statewide General NPDES permit for Storm Water Discharges Associated with Construction Activities for all projects subject to the permit.

CONTRACTOR shall also retain on the jobsite a Storm Water Pollution Prevention Plan (SWPPP) for the State Regional Water Quality Contractor Board (RCQCB) and the City’s inspector, and shall implement the approved plan concurrent with the construction activities.