Job Order Contract (JOC) Mechanical - Treatment Facilities.pdf

City of San Diego

CONTRACTOR’S NAME:

ADDRESS:

TELEPHONE NO.:

CITY CONTACT: Rosa I. Riego, Senior Contract Specialist, Email:RRiego@sandiego.gov

Phone No. (619) 533-3426 R. Rashidian / M. Garcia Quilico / N. Alkuree

BIDDING DOCUMENTS

FOR

JOB ORDER CONTRACT (JOC) MECHANICAL -

TREATMENT FACILITIES

BID NO.: K-27-2472-JOC-3

SAP NO. (WBS/IO/CC): 11004079

CLIENT DEPARTMENT: 2112

COUNCIL DISTRICT: CITYWIDE

PROJECT TYPE: BP, BO, BJ

THIS CONTRACT WILL BE SUBJECT TO THE FOLLOWING:

PROJECT LABOR AGREEMENT (PLA)

THE CITY’S SUBCONTRACTING PARTICIPATION REQUIREMENTS FOR SLBE PROGRAM.

FEDERAL EQUAL OPPORTUNITY CONTRACTING REQUIREMENTS.

PREVAILING WAGE REQUIREMENTS: STATE FEDERAL

ELIGIBLE FOR JOINT VENTURE PREQUALIFICATION STATUS (see Instructions to Bidders)

APPRENTICESHIP

ADDITIONAL FUNDING SOURCE REQUIREMENTS AS SPECIFIED IN EACH TASK FOR JOC CONTRACT

BID DUE DATE:

2:00 PM

OCTOBER 7, 2026

CITY OF SAN DIEGO’S ELECTRONIC BIDDING SITE, PLANETBIDS

http://www.sandiego.gov/cip/bidopps/

DEPUTY CITY ENGINEER

The engineering Specifications and Special Provisions contained herein have been prepared by or under the direction of the following Registered Engineer:

Seal:

For City Engineer Date

JOC Mechanical - Treatment Facilities

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08/27/2026

TABLE OF CONTENTS

SECTION PAGE

1. NOTICE INVITING BIDS

2. INSTRUCTIONS TO BIDDERS…………………………………………………………………

3. ATTACHMENTS:

A. SCOPE OF WORK

B. RESERVED

C. EQUAL OPPORTUNITY CONTRACTING PROGRAM

D. PREVAILING WAGE

E. SUPPLEMENTARY SPECIAL PROVISIONS

For JOC projects, technicals and/or appendices will be included with the Task Order Documents

F. RESERVED

G. IN-USE OFF-ROAD DIESEL FUELED FLEET REGULATION (OFF-ROAD REGULATION)

COMPLIANCE (CARB)

H. CONTRACT AGREEMENT

I. CITY STANDARD PROJECT LABOR AGREEMENT (PLA)

4. CERTIFICATIONS AND FORMS

5. ADDITIONAL FUNDING AGENCY PROVISIONS (FOR REFERENCE ONLY) AND FEDERAL

SUBCONTRACTING REQUIREMENTS (FOR REFERENCE ONLY)

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NOTICE INVITING BIDS

1. SUMMARY OF WORK: This is the City of San Diego’s (City) solicitation process to acquire Construction services for JOC Mechanical - Treatment Facilities. For additional information refer to Attachment A.

2. FULL AND OPEN COMPETITION: This solicitation is subject to full and open competition and may be bid by Contractors on the City’s approved Prequalified Contractors’ List. For information regarding the Contractors Prequalified list visit the City’s web site:

http://www.sandiego.gov.

3. ESTIMATED CONSTRUCTION COST: The City’s estimated construction cost for this project is $30,000,000.00.

4. BID DUE DATE AND TIME ARE: October 7, 2026 at 2:00 PM.

5. PREVAILING WAGE RATES APPLY TO THIS CONTRACT: Refer to Attachment D. For the purpose of determining which prevailing wage determination to be used on each Task Order, use the date of the Request for Cost Proposal/Task Order issued by the City. Task Orders using State and/or Federal funding may include additional requirements. Refer to the Request for Cost Proposal/Task Order issued.

6. LICENSE REQUIREMENT: To be eligible for award of this Contract, Prime Contractor must possess the following licensing classification: A

7. PROJECT LABOR AGREEMENT:

7.1. Every Task Order that is for a City-procured construction project included in the City's adopted Capital Improvements Program budget with a City estimated construction value of: (a) at least $5 million between July 1, 2024 to June 30, 2026; or (b) more than $1 million beginning July 1, 2026 is covered by a Citywide Project Labor Agreement (PLA) entered into by the City of San Diego, the San Diego Building and Construction Trades Council and signatory Craft Unions, included herein as Attachment I – City Standard Project Labor Agreement (PLA). Task Orders meeting this threshold are treated as Covered Projects under the PLA. Any Task Orders funded through Operations and Maintenance budget and not part of the Capital Improvement Program budget are not Covered Projects regardless of Task Order value.

This work will provide many opportunities for local residents and local small business enterprises to participate. It is the City’s policy that contractors will cooperate with all efforts of the City, the Project Labor Coordinator, the Jobs Coordinator, and other organizations retained by the City to encourage and assist in the participation of Local, Targeted and/or Veteran workers.

7.2. LETTER OF ASSENT. The Contractor and all subcontractors agree to be bound by the PLA by submitting a Letter of Assent (PLA Attachment B) to the City’s Project Labor Coordinator. The Contractor shall submit its Letter of Assent as a condition of award of the JOC Contract and all subcontractors shall submit their Letter of Assent before commencing any Work on Each Task Order that is considered a Covered Project.

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7.3. PRE-JOB CONFERENCE. Each contractor, regardless of tier, is required to conduct a pre-job conference with the Unions not later than ten (10) calendar days prior to commencing work on any Task Order that is considered a Covered Project.

The Prime Contractor is responsible for facilitating and scheduling their own pre-job conferences for each Task Order that is considered a Covered Project and for facilitating, scheduling, and ensuring that all its subcontractors conduct a pre-job conference.

7.4. JOBS COORDINATOR. For each Task Order that is considered a Covered Project, the Contractor will be required to hire a Jobs Coordinator, an independent third-party individual, entity or employee with whom the Prime Contractor enters into a contract or employs to assist the Contractor with achieving and exceeding the Local Worker goals set forth in the PLA, Article 4, Section 4.5, to assist with fulfilling the Work Opportunities Program as set forth in Article 22, and to assist with Helmets to Hardhats participation as set forth in Article 23.

Each subcontractor, regardless of tier, shall utilize the Jobs Coordinator retained by the Prime Contractor, pursuant to the PLA, Article 22 Section 22.2 (f). The Contractor shall submit a Jobs Coordinator Designation Form each time it is assigned a Task Order that is considered a Covered Project.

8. SKILLED AND TRAINED WORKFORCE LABOR REQUIREMENTS:

8.1 The Contractor and its subcontractors at every tier shall use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades, as set forth in 8California Public Contract Code section 2601, including the exceptions in sections 260l(d)(5) and 2601 (d)(6). Contractor shall provide to the City a report demonstrating compliance with this section on a monthly basis, to be included with monthly pay requests. The City may withhold progress payments or retention in accordance with California Public Contract Code section 2602(b) if the Contractor fails to provide the monthly report required by this section, provides a report that is incomplete, or provides a report that does not demonstrate compliance with this section. Payment may be withheld until the Contractor provides a plan to achieve substantial compliance with this section prior to completion of the contract that is acceptable to the City, with respect to the relevant apprenticeable occupation.

This section references provisions of the California Public Contract Code for convenience only. The City is not electing to incorporate other provisions of Chapter

2.9 of the California Public Contract Code not referenced herein, including but not limited to provisions for State enforcement. Instead, failure to comply with this section is considered a material breach of this contract which could affect the Contractor's ability to perform future work for the City pursuant to Chapter 2, Article 2, Division 8 of the San Diego Municipal Code regarding debarment.

8.2 Submittal Requirements

Contracts must submit proof of a Commitment to Comply with Skilled and Trained Workforce Requirements at bid due date. Contractor and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or a

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5 | Page contract that falls within an apprenticeship occupation in the building and construction trades in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. City will monitor Contractor’s compliance with these requirements and Contractor, on behalf of itself and its subcontractors at every tier, shall provide on a monthly basis a Skilled and Trained Workforce Certification Form and Skilled and Trained Workforce Monthly Compliance Report demonstrating compliance. If the monthly Skilled and Trained Workforce Certification Form and Monthly Compliance Report are not provided within 30 days or if Contractor provides a report that is incomplete, City shall withhold further payments until a complete report is provided. If the Skilled and Trained Workforce Certification form does not establish compliance with Section 132354.7, City shall withhold further payments until Contractor provides a plan to achieve substantial compliance with the skilled and trained workforce requirements, with respect to the relevant apprenticeable occupation, prior to the completion of the project. Any withholding will be released for payment on the monthly estimate for partial payments next following the date that all the satisfactory compliance of the requirements for which the retention was made are submitted.

9. VETERANS OUTREACH:

Military veterans bring unique skills to City projects due to their mission-oriented training and experience, and dedication to the job. The City desires to facilitate the entry into the building and construction trades for veterans interested in careers in the industry. Within (30) days after notice that it is the apparent low bidder. Contractor shall contact “Helmets to Hardhats” or “UA Veterans in Piping” on behalf of itself and its subcontractors, for potential job referrals and employment of veterans on the project. Contractor may contact other veterans programs in its discretion, but if neither of the above referenced programs are contacted, the Contractor must receive prior written approval from the City that it is an equivalent veterans program.

Contacting multiple veterans programs is highly encouraged, but not required. Within ninety

(90) days after issuance of a Notice to Proceed for construction of the project. Contractor shall provide the City with a written report detailing the veterans programs contacted, opportunities offered by the Contractor and its subcontractors, applications received and for what construction trades, and how many veterans were hired through the programs. Hiring veterans to work on the project is not mandatory, but information received from the Contractor may be used by the City in the future to develop a veteran’s outreach program for City contracting.

10. JOINT LABOR MANAGEMENT APPRENTICESHIP PROGAM:

10.1. Apprentices. Notwithstanding anything to the contrary in the Skilled and Trained Workforce requirements found in section 7, all apprentices used on the Project shall further be registered in Joint Labor Management Apprenticeship Programs approved by the State of California. Apprentices shall only be assigned to perform work of the craft or trade to which the apprentice is registered. In addition, apprentices employed on the Project must at all times work with or under the direct supervision of a qualified journeyperson who is a “graduate of an apprenticeship program,” as defined in California Public Contract Code section 2601 (c), in the same craft or trade. This section does not apply to apprentices employed by certified SLBE, ELBE, DVBE or federally certified SDVOSB, WBE, MBE or DBE firms awarded subcontracts of $400,000 or less

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6 | Page each. All Bidders shall submit documents with their bids demonstrating compliance with this section to the satisfaction of the City.

10.2. Submittal Requirements. Bidders must submit written documentation with their bids demonstrating that all apprentices working on the Project will be registered in a Joint Labor Management Apprenticeship Program. To satisfy this submittal requirement, the Bidder must provide the City with written commitments from one or more Joint Labor Management Apprenticeship Programs to provide such apprentices, including but not limited to one or a combination of the following documents: (1) a Project Labor Agreement, (2) a Collective Bargaining Agreement, (3) a contract with a Joint Labor Management Apprenticeship Program to provide and use apprentices on the Project;

(4) written correspondence to the Bidder, or to a subcontractor listed by the Bidder pursuant to California Public Contract Code section 4104, from a Joint Labor Management Apprenticeship Program committing to provide apprentices to use on the Project if the Bidder wins the contract for the Project. Any correspondence submitted under (4) above must be memorialized in a legally binding document by the winning Bidder and submitted to the City within 30 days after bid opening, unless additional time is granted by the City in its sole discretion. A written commitment from the Bidder to secure apprentices registered in a Joint Labor Management Apprenticeship Program if awarded the contract WILL NOT satisfy this submittal requirement. Failure to comply with these submittal requirements may result in rejection of the bid as non-responsive.

11. PRE-BID MEETING:

11.1. ONLINE PRE-BID MEETING:

Failure to attend the Pre-Bid Meeting will result in the Bidder’s Bid being deemed non-responsive.

Bidders will not be admitted after the specified start time of the Meeting.

Prospective Bidders are Required to attend the Pre-Bid Meeting.

The Pre-Bid Meeting will be held on Wednesday, September 23, 2026, at 10:00 AM (PDT at:

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/289105879709850?p=l8K3ScDbxMdpdW6qIu Meeting ID: 289 105 879 709 850 Passcode: n4Xh3xh2 Need help? | System reference Dial in by phone +1 945-468-5511,,381220806# United States, Dallas Find a local number Phone conference ID: 381 220 806# For organizers: Meeting options | Reset dial-in PIN

Please Note: You will need to join the meeting with a computer, tablet or smartphone with the Microsoft Teams in order to sign in via the Chat feature as attendance at the meeting will be evidenced by the Chat sign-in. The Chat feature will also be used for attendees to ask any questions.

JOC Mechanical - Treatment Facilities

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7 | Page https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2EwOTMwMzItYTI5ZC00YTNlLThjZWYtZjdkNGQxNDYyYmYw%40thread.v2/0?context=%7b%22Tid%22%3a%22ab26ceb7-278f-4dcb-8df6-4e2363556459%22%2c%22Oid%22%3a%22afd65e18-93fd-4a25-847e-788df90254df%22%7d tel:+19454685511,,381220806 https://dialin.teams.cloud.microsoft/67310406-9fc0-49fb-a885-57cc2f23b004?id=381220806 https://teams.microsoft.com/meetingOptions/?organizerId=afd65e18-93fd-4a25-847e-788df90254df&tenantId=ab26ceb7-278f-4dcb-8df6-4e2363556459&threadId=19_meeting_M2EwOTMwMzItYTI5ZC00YTNlLThjZWYtZjdkNGQxNDYyYmYw@thread.v2&messageId=0&language=en-US https://dialin.teams.cloud.microsoft/usp/pstnconferencing

The purpose of the meeting is to discuss the scope of the Project, submittal requirements, and any Equal Opportunity Contracting Program requirements and reporting procedures.

Upon entering the meeting, all attendees must use the chat feature to sign in with the following information: Name of firm, Attendee's name, Phone number and Email address.

12. AWARD PROCESS:

12.1 This Job Order Contract (JOC) is an Indefinite Delivery/Indefinite Quantity agreement.

The Contractor agrees to perform all work assigned via Task Orders. The amount of work and number of Task Orders to be issued are not yet known.

12.2 The award of these Contracts is contingent upon the Contractors’ compliance with all conditions of Award as stated within these documents and within the Notice of Intent to Award.

12.3 Upon acceptance of bids and determination of the apparent low bidder, the City will prepare the Contract documents for execution. The City will then award the Contract upon receipt of properly signed Contract Documents.

12.4 The Contracts will be deemed executed and effective only upon the signing of the Contract by the Mayor or his designee and the City Attorney’s Office.

13. SUBMISSION OF QUESTIONS:

13.1 The Director (or Designee) of the Purchasing & Contracting Department is the officer responsible for opening, examining, and evaluating the competitive Bids submitted to the City for the acquisition, construction and completion of any public improvement except when otherwise set forth in these documents. Any questions related to this solicitation shall be submitted to:

Rosa I. Riego, Senior Contract Specialist at RRiego@sandiego.gov

13.2 Questions received less than 14 days prior to the date for opening of Bids may not be considered.

13.3 Questions or clarifications deemed by the City to be material shall be answered via issuance of an addendum and posted to the City’s online bidding service.

13.4 Only questions answered by formal written addenda shall be binding. Oral and other interpretations or clarifications shall be without legal effect. It is the Bidder’s responsibility to be informed of any addenda that have been issued and to include all such information in its Bid.

14. CITY’S RESPONSES AND ADDENDA: The City, at its option, may respond to any or all questions submitted in writing via the City’s eBidding web site in the form of an Addendum. No other responses to questions, oral or written shall be of any force or effect with respect to this solicitation. The changes to the Contract Documents through addendum are made effective

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8 | Page as though originally issued with the Bid. The Bidders shall acknowledge the receipt of addenda at the time of Bid submission.

15. CITY’S RIGHTS RESERVED: The City reserves the right to cancel the Notice Inviting Bids at any time, and further reserves the right to reject submitted Bids, without giving any reason for such action, at its sole discretion and without liability. Costs incurred by the Bidder(s) as a result of preparing Bids under the Notice Inviting Bids shall be the sole responsibility of each Bidder. The Notice Inviting Bids creates or imposes no obligation upon the City to enter a Contract.

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INSTRUCTIONS TO BIDDERS

1. PREQUALIFICATION OF CONTRACTORS:

1.1. Contractors submitting a Bid must be pre-qualified with a Maximum Bidding Capacity of at least half of the Maximum Contract Amount prior to the Bid submittal date. Bids from Contractors who have not been pre-qualified as applicable may be deemed non-responsive and ineligible for award.

1.2. If the applicant is a subsidiary of a parent company, the applicant may provide the consolidated audited financial statement of the parent company; provided, however, that the applicant submits a statement signed by a duly authorized representative of the parent company confirming that the parent company will guarantee the performance of any contract awarded to the applicant. The City may also require the parent company to execute a separate agreement with the City to guarantee the subsidiary's performance prior to executing any contract with the subsidiary.

1.3. The completed application must be submitted online no later than 2 weeks prior to the Bid Opening.

1.4. Contractors must remain prequalified throughout the duration of the JOC and its Task Orders. At no time during an open Task Order shall a Contractor’s prequalification expire, or the Contractor may be deemed non-compliant and in breach of Contract.

1.5. At no time can the aggregate dollar value of open Task Orders exceed the Contractor’s Maximum Bidding Capacity.

1.6. If the Contractor is at its Maximum Bidding Capacity with open Task Orders, the Contractor may not be eligible for a new Task Order until they have completed prior Task Order(s), thus reducing the aggregate dollar value of open Tasks by the amount necessary to take on a new Task Order. The Contractor may request that their prequalification limit be re-evaluated during the term of the Contract.

1.7. Joint Venture Bidders Cumulative Maximum Bidding Capacity: For projects with an engineer’s estimate of $30,000,000 or greater, Joint Ventures submitting Bids may be deemed responsive and eligible for award if the cumulative maximum Bidding capacity of the individual Joint Venture entities is equal to or greater than the total amount proposed.

1.7.1. Each of the entities of the Joint Venture must have been previously prequalified at a minimum of $15,000,000.

1.7.2. Bids submitted with a total amount proposed of less than $30,000,000 are not eligible for Cumulative Maximum Bidding Capacity prequalification. To be eligible for award in this scenario, the Joint Venture itself or at least one of the Joint Venture entities must have been prequalified for the total amount proposed.

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1.7.3. Bids submitted by Joint Ventures with a total amount proposed of $30,000,000 or greater on a project with an engineer’s estimate of less than $30,000,000 are not eligible for Cumulative Maximum Bidding Capacity prequalification.

1.7.4. The Joint Venture designated as the Apparent Low Bidder shall provide evidence of its corporate existence and furnish good and approved bonds in the name of the Joint Venture within 14 Days of receipt by the Bidder of a form of Contract for execution.

1.8. Complete information and links to the online prequalification application are available at:

https://www.sandiego.gov/cip/Bidopps/prequalification

1.9. Due to the City’s responsibility to protect the confidentiality of the Contractors’ information, City staff will not be able to provide information regarding Contractors’ prequalification status over the telephone. Contractors may access real-time information about their prequalification status via their vendor profile on PlanetBids™.

2. JOINT VENTURE CONTRACTORS: Provide a copy of the Joint Venture agreement and the Joint Venture license to the City within 10 Days after receiving the Contract forms.

3. ELECTRONIC FORMAT RECEIPT AND OPENING OF BIDS: Bids will be received in electronic format (eBids) EXCLUSIVELY at the City of San Diego’s electronic Bidding (eBidding) site, at:

https://www.sandiego.gov/cip/bidopps/ and are due by the date and time shown on the cover of this solicitation.

3.1. BIDDERS MUST BE PRE-REGISTERED with the City’s Bidding system and possess a system-assigned Digital ID in order to submit and electronic Bid.

3.2. The City’s Bidding system will automatically track information submitted to the site including IP addresses, browsers being used and the URLs from which information was submitted. In addition, the City’s Bidding system will keep a history of every login instance including the time of login, and other information about the user’s computer configuration such as the operating system, browser type, version, and more. Because of these security features, Contractors who disable their browsers’ cookies will not be able to log in and use the City’s Bidding system.

3.3. The City’s electronic Bidding system is responsible for Bid tabulations. Upon the Bidder’s or proposer’s entry of their Bid, the system will ensure that all required fields are entered. The system will not accept a Bid for which any required information is missing. This includes all necessary pricing, Subcontractor listing(s) and any other essential documentation and supporting materials and forms requested or contained in these solicitation documents.

3.4. BIDS REMAIN SEALED UNTIL BID DEADLINE. eBids are transmitted into the City’s Bidding system via hypertext transfer protocol secure (https) mechanism using SSL security certificates issued from Verisign/Thawte which encrypts data being

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11 | Page transferred from client to server. Bids submitted prior to the Bid Due Date and Time are not available for review by anyone other than the submitter which has until the “Bid Due Date and Time” to change, rescind or retrieve its proposal should it desire to do so.

3.5. BIDS MUST BE SUBMITTED BY BID DUE DATE AND TIME. Once the Bid deadline is reached, no further submissions are accepted into the system. Once the Bid Due Date and Time has lapsed, Bidders, proposers, the general public, and City staff are able to immediately see the results online. City staff may then begin reviewing the submissions for responsiveness, EOCP compliance and other issues. The City may require any Bidder to furnish statement of experience, financial responsibility, technical ability, equipment, and references.

3.6. RECAPITULATION OF THE WORK. Bids shall not contain any recapitulation of the Work. Conditional Bids will be rejected as being non-responsive. Alternative proposals will not be considered unless called for.

3.7. BIDS MAY BE WITHDRAWN by the Bidder only up to the Bid Due Date and Time.

3.7.1. Important Note: Submission of the electronic Bid into the system may not be instantaneous. Due to the speed and capabilities of the user’s internet service provider (ISP), bandwidth, computer hardware and other variables, it may take time for the Bidder’s submission to upload and be received by the City’s eBidding system. It is the Bidder’s sole responsibility to ensure their Bids are received on time by the City’s eBidding system. The City of San Diego is not responsible for Bids that do not arrive by the required date and time.

3.8. ACCESSIBILITY AND AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE: To request a copy of this solicitation in an alternative format, contact the Contract Specialist listed on the cover of this solicitation at least five (5) working days prior to the Bid/Proposal due date to ensure availability.

4. ELECTRONIC BID SUBMISSIONS CARRY FULL FORCE AND EFFECT

4.1. The Bidder, by submitting its electronic Bid, acknowledges that doing so carries the same force and full legal effect as a paper submission with a longhand (wet) signature.

4.2. By submitting an electronic Bid, the Bidder certifies that the Bidder has thoroughly examined and understands the entire Contract Documents (which consist of the plans and specifications, drawings, forms, affidavits and the solicitation documents), and that by submitting the eBid as its Bid proposal, the Bidder acknowledges, agrees to and is bound by the entire Contract Documents, including any addenda issued thereto, and incorporated by reference in the Contract Documents.

4.3. The Bidder, by submitting its electronic Bid, agrees to and certifies under penalty of perjury under the laws of the State of California, that the certification, forms and affidavits submitted as part of this Bid are true and correct.

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4.4. The Bidder agrees to the construction of the project as described in Attachment A Scope of the City of San Diego, in accordance with the requirements set forth herein for the electronically submitted prices. The Bidder guarantees the Contract Price for a period of 120 Days from the date of bid opening. The duration of the Contract Price guarantee shall be extended by the number of Days required for the City to obtain all items necessary to fulfill all conditions precedent.

5. BIDS ARE PUBLIC RECORDS: Upon receipt by the City, Bids shall become public records subject to public disclosure. It is the responsibility of the respondent to clearly identify any confidential, proprietary, trade secret or otherwise legally privileged information contained within the Bid. General references to sections of the California Public Records Act (PRA) will not suffice. If the Contractor does not provide applicable case law that clearly establishes that the requested information is exempt from the disclosure requirements of the PRA, the City shall be free to release the information when required in accordance with the PRA, pursuant to any other applicable law, or by order of any court or government agency, and the Contractor will hold the City harmless for release of this information.

6. CONTRACTOR REGISTRATION AND ELECTRONIC REPORTING SYSTEM:

6.1. Prior to the Award of the Contract or each Task Order, you and your Subcontractors and Suppliers must register with the City’s web-based vendor registration and Bid management system. For additional information go to:

https://www.sandiego.gov/purchasing/Bids-Contracts/vendorreg

6.2. The City may not award the Contract until registration of all Subcontractors and suppliers is complete. In the event this requirement is not met within the time frame specified in the Notice of Intent to Award letter, the City reserves the right to rescind the Notice of Intent Award and to make the award to the next responsive and responsible Bidder/proposer.

7. PERFORMANCE AND PAYMENT BONDS

7.1. Performance and Payment Bonds will be required at time of Task Orders.

8. INSURANCE REQUIREMENTS:

8.1. All certificates of insurance and endorsements required by the Contract are to be provided upon issuance of the City’s Notice of Intent to Award letter.

8.1.1. Commercial General Liability Insurance

8.1.2. Commercial Automobile Liability Insurance

8.1.3. Workers’ Compensation Insurance and Employers Liability Insurance

8.1.4. Contractors Pollution Liability Insurance

8.1.5. Contractors Hazardous Transporters Pollution Liability Insurance

8.1.6. Contractors Builders Risk Property Insurance

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8.2. Refer to sections 5-4, “INSURANCE”, of the Supplementary Special Provisions (SSP) for the insurance requirements which must be met.

8.3. Additional insurance requirements may be required for Tasks and will be identified in the Task Order Request for Proposal (RFP).

8.3.1. Railroad Protective Liability Insurance

8.3.2. Architects and Engineers Professional Insurance (Errors and Omissions Insurance)

8.3.3. Workers’ Compensation Insurance for Work In, Over, or Alongside Navigable Waters

9. BID PRICE SUBMITTAL: This solicitation is for an Adjustment Factor type Contract, based on the RSMeans data and provisions as set forth herein.

9.1. The Bidder agrees to perform construction services for the City of San Diego in accordance with these Contract Documents. The Bidder guarantees the Adjustment Factors for a period of 1,095 Days from the date of award of Contract and for any Task Order Modifications executed after the expiration of the Contract that are required to complete a Task Order.

9.2. Contractor shall perform all Work required, necessary, and proper for or incidental to completing the Work called for in each individual Task Order issued under this Job Order Contract using the RSMeans data with the quoted Adjustment Factors.

9.3. Each Bidder shall submit 2 Adjustment Factor, One which shall apply to Normal Working Hours (NWH) and one which shall apply to Other Than Normal Working Hours (OTNWH).

9.4. The Contractor shall perform all Work items called for in each Task Order’s Scope of Work. Each Work item will be multiplied by the quoted Adjustment Factor for Normal Working Hours (NWH) or Other Than Normal Working Hours (OTNWH) as follows:

9.5.

9.6.

9.7.

9.4.1. Adjustment Factor #1 (AF1): The first Adjustment Factor will be applied to all Work items that are constructed during NWH.

9.4.2. Adjustment Factor #2 (AF2): The second Adjustment Factor will be applied to all Work items that are constructed during OTNWH.

The Adjustment Factors shall be specified to the fourth decimal place (e.g., 1.1234).

Failure to express Adjustment Factors to the fourth decimal place will result in the Bid being non-responsive and ineligible for further consideration.

Non-Normal Working Hour Adjustment Factors must be higher than Normal Working Hour Adjustment Factors or your bid will be deemed non-responsive.

The Bidder with the lowest Composite Adjustment Factor (CAF) that meets all of the Bid requirements will be considered the Apparent Low Bidder. The Composite Adjustment Factor will be calculated using the following formula:

CAF = (AF1 x 0.80) + (AF2 x 0.20)

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9.8. The calculation used above is not a forecast of the portions of Normal Working Hour or Other Than Normal Working Hour work that will be assigned to a JOC contract.

9.9. The Bidder’s Adjustment Factors shall include allowances for all costs associated with and incidental to either self-performed or subcontracted Work in accordance with 2-1 “WORK TO BE DONE.” Examples of costs included in the Bidder’s Adjustment Factors include, but are not limited to:

1. Providing project management, supervision, overhead, profit, bond premiums, insurance, mobilization, demobilization, taxes, and other costs of doing business.

2. Preparing, submitting, and maintaining all required forms, reports, records, and contract documentation.

3. Attending and participating in Site, Contract, Task Order, Project, and coordination meetings.

4. Complying with all applicable federal, state, and local laws, regulations, permits, and requirements.

5. Preparing estimates, proposals, submittals, shop drawings, computer printouts/plots, and supporting documentation.

6. Obtaining, reviewing, and utilizing Unit Price Books, UPB software, code books, the GREENBOOK, the WHITEBOOK, and other codes and manuals referenced in the Contract Documents.

7. Providing supervision, safety management, estimating, administrative support, project management, and other labor not directly incorporated into the Work.

8. Reviewing Contract and Task Order documents; ordering materials; and preparing, negotiating, and finalizing proposals.

9. Conducting site visits to collect information; maintaining a clean, safe, and orderly jobsite; and protecting the Work.

10. Performing Community Outreach Services in accordance with WHITEBOOK Section 5-10.2.

11. Performing all other activities and incurring all other costs not directly related to the installation or construction of a specific Task Order line item.

9.10. The Contractor acknowledges that the Adjustment Factors include full compensation for all activities, services, labor, supervision, administration, overhead, profit, and costs identified in Section 9.8. No separate payment shall be made for such items.

Compensation outside of approved UPB line items and Non-Pre-Priced Item unit prices shall be limited to permit fees, specialty inspection fees, City-required additional insurance, and excusable compensable delays caused solely by the City.

10. ONLY ONE BID PER CONTRACTOR SHALL BE ACCCEPTED: No person, firm, or corporation shall be allowed to make, file, or be interested in more than one (1) Bid for the same work unless alternate Bids are called for. A person, firm or corporation who has submitted a subproposal to a Bidder, or who has quoted prices on materials to a Bidder, is not hereby

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15 | Page disqualified from submitting a subproposal or quoting prices to other Bidders or from submitting a Bid on its own behalf. Any Bidder who submits more than one Bid will result in the rejection of all Bids submitted.

11. SAN DIEGO BUSINESS TAX CERTIFICATE: The Contractor and Subcontractors, not already having a City of San Diego Business Tax Certificate for the Work contemplated shall secure the appropriate certificate from the City Treasurer, Civic Center Plaza, first floor and submit to the Contract Specialist upon request or as specified in the Contract Documents. Tax Identification numbers for both the Bidder and the listed Subcontractors must be submitted on the City provided forms within these documents.

12. AWARD OF CONTRACT OR REJECTION OF BIDS:

12.1. Bidders shall submit two Adjustment Factors to be their competitive Bid price adjustment to the unit prices published in the RSMeans for Normal Working Hours (NWH) and Other Than Normal Working Hours (ONWH). Incomplete submittals may be rejected as being nonresponsive.

12.2. The City reserves the right to reject any or all Bids, to waive any informality or technicality in Bids received, and to waive any requirements of these specifications as to Bidding procedure.

12.3. Bidders will not be released on account of their errors of judgment. Bidders may be released only upon receipt by the City, within 3 Working days of the Bid opening, written notice from the Bidder which shows proof of honest, credible, clerical error of a material nature, free from fraud or fraudulent intent; and of evidence that reasonable care was observed in the preparation of the Bid.

12.4. A Bidder who is not selected for Contract award may protest the award of a Contract to another Bidder by submitting a written protest in accordance with the San Diego Municipal Code.

12.5. The City of San Diego will not discriminate in the award of Contracts with regard to race, religion, color, national origin, ancestry, physical handicap, marital status, sex or age.

12.6. Each Bid package properly signed as required by these specifications shall constitute a firm offer, which may be accepted by the City within the time specified in the Notice Inviting Bids.

12.7. The City reserves the right to evaluate all Bids and determine the lowest Bidder on the basis of any proposed alternates or options as detailed herein.

12.8. In the event of a tie bid (where two or more bidders have identical Composite Adjustment Factors), the City will determine the winner by virtue of a coin toss or some other arbitrary method. The tie break will be administered by City staff along with a witness and in the presence of the respective bidders. The tied bidder whose company name comes first alphabetically will call heads or tails for the coin toss.”

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13. BID RESULTS:

13.1. The availability of the Bid results on the City’s eBidding system shall constitute the public announcement of the apparent low Bidder. In the event that the apparent low Bidder is subsequently deemed non-responsive or non-responsible, a notation of such will be made on the eBidding system. The ranking and new Apparent Low Bidder will be adjusted accordingly.

13.2. To obtain Bid results, visit the City’s eBidding site, request results via e-mail to the City Contact person listed on the cover page of this document

14. THE CONTRACT:

14.1. The Bidder to whom award is made shall execute a written Contract with the City of San Diego and furnish insurance certificates specified by the City within 14 Days after receipt by Bidder of a form of Contract for execution, unless an extension of time is granted to the Bidder in writing.

14.2. If the Bidder takes longer than 14 Days to fulfill these requirements, then the additional time taken shall be added to the Bid guarantee. The Contract shall be made in the form adopted by the City, which includes the provision that no claim or suit whatsoever shall be made or brought by Contractor against any officer, agent, or employee of the City for or on account of anything done or omitted to be done in connection with this Contract, nor shall any such officer, agent, or employee be liable hereunder.

14.3. If the Bidder to whom the award is made fails to enter into the contract, the City Council may declare by resolution that the bidder is debarred and prohibited from bidding on City procurement and Public Works projects for a period of no less than one year, as provided by San Diego Municipal Code §22.0807 (d) (2).

14.4. Pursuant to the San Diego City Charter section 94, the City may only award a Public Works Contract to the lowest responsible and reliable Bidder. The City will require the Apparent Low Bidder to (i) submit information to determine the Bidder’s responsibility and reliability, (ii) execute the Contract in form provided by the City, and (iii) furnish insurance certificates specified by the City within 14 Days, unless otherwise approved by the City, in writing after the Bidder receives notification from the City, designating the Bidder as the Apparent Low Bidder and formally requesting the above mentioned items.

14.5. The award of the Contract is contingent upon the satisfactory completion of the above-mentioned items and becomes effective upon the signing of the Contract by the Mayor or designee and approval as to form the City Attorney’s Office. If the Apparent Low Bidder does not execute the Contract or submit required documents and information, the City may award the Contract to the next lowest responsible and reliable Bidder who shall fulfill every condition precedent to award. A corporation designated as the Apparent Low Bidder shall furnish evidence of its corporate existence and evidence that the officer signing the Contract and bond for the corporation is duly authorized to do so.

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15. EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE OF WORK: The Bidder shall examine carefully the Project Site, the Plans and Specifications, the JOC RSMeans data, other materials as described in the Special Provisions, Section 3-9, “TECHNICAL STUDIES AND SUBSURFACE DATA”, and the proposal forms (i.e., Bidding Documents). The submission of a Bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of Work, the quantities of materials to be furnished, and as to the requirements of the Bidding Documents and Specifications.

16. CITY STANDARD PROVISIONS: This Contract is subject to the following standard provisions.

See The WHITEBOOK for details.

16.1. The City of San Diego Resolution No. R-277952 adopted on May 20, 1991 for a Drug Free Workplace.

16.2. The City of San Diego Resolution No. R-282153 adopted on June 14, 1993 related to the Americans with Disabilities Act.

16.3. The City of San Diego Municipal Code §22.3004 for Pledge of Compliance.

16.4. The City of San Diego’s Labor Compliance Program and the State of California Labor Code §§1771.5(b) and 1776.

16.5. Sections 1777.5, 1777.6, and 1777.7 of the State of California Labor Code concerning the employment of apprentices by Contractors and subcontractors performing public works Contracts.

16.6. The City’s Equal Benefits Ordinance (EBO), Chapter 2, Article 2, Division 43 of The San Diego Municipal Code (SDMC).

16.7. The City’s Information Security Policy (ISP) as defined in the City’s Administrative Regulation 90.63.

17. PRE-AWARD ACTIVITIES:

17.1. The Contractor selected by the City to execute a Contract for this Work shall submit the required documentation as specified herein and in the Notice of Intent to Award.

Failure to provide the information as specified may result in the Bid being rejected as non-responsive.

17.2. The decision that Bid is non-responsive for failure to provide the information required within the time specified shall be at the sole discretion of the City.

18. SUBMITTAL OF “OR EQUAL” ITEMS: See Section 4-6, “Trade Names or Equals” in The WHITEBOOK and as amended in the SSP.

19. SUBCONTRACT LIMITATIONS: The Bidder’s attention is directed to Standard Specifications for Public Works Construction, Section 3-2, “SELF-PERFORMANCE” in The GREENBOOK and as amended in the SSP which requires the Contractor to self-perform not less than the specified amount per each Task Order.

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20. REFERENCE STANDARDS: Except as otherwise noted or specified, the Work shall be completed in accordance with the following standards:

Title Edition Document

Number

Standard Specifications for Public Works Construction (“The GREENBOOK”) http://www.greenbookspecs.org/

2024 ECP040126-01

City of San Diego Standard Specifications for Public Works Construction (“The WHITEBOOK”)* https://www.sandiego.gov/ecp/edocref/greenbook

2024 ECP040126-02

City of San Diego Standard Drawings* https://www.sandiego.gov/ecp/edocref/standarddraw

2021 ECPI010122-03

Citywide Computer Aided Design and Drafting (CADD) Standards https://www.sandiego.gov/ecp/edocref/drawings

2018 PWPI010119-04

California Department of Transportation (CALTRANS) Standard Specifications https://dot.ca.gov/programs/design/2025-ccs-standard-plans-and-standard-specifications

2025 ECPD040126-05

CALTRANS Standard Plans https://dot.ca.gov/programs/design/2025-ccs-standard-plans-and-standard-specifications

2025 ECPD040126-06

California Manual on Uniform Traffic Control Devices (CA

MUTCD 2026)

https://dot.ca.gov/programs/safety-programs/camutcd

2026 ECPD040126-07

NOTE: *Available online under Engineering Documents and References at:

https://www.sandiego.gov/ecp/edocref/

*Electronic updates to the Standard Drawings may also be found in the link above

21. JOC CONTRACT TERM AND VALUE: Upon issuance of a contract, the City guarantees the Contractor a minimum value of total Work (Minimum Contract Amount) of $5,000, up to a potential maximum value of total Work (Maximum Contract Amount) of $30,000,000.00. The term of the Contract is 36 months for the issuance of Task Orders or the expenditure of the $30,000,000.00 maximum contract amount, whichever occurs first. All work pursuant to any Task Order issued shall be completed within the time frame specified on the Task Order Notice to Proceed. The total time for the issuance of Tasks and completion of the associated Work shall not exceed five (5) years.

22. TASK ORDERS:

22.1. As the need for Work arises, the City will assign Task Orders by sending to the JOC contractor a Task Order Scope of Work. A Scop Meeting to take place on-site between the City and the JOC Contractor will be scheduled.

22.2. The JOC Contractor must accept and complete ALL Task Orders assigned to them by the City. JOC Contractors may not opt-out or decline to accept a Task Order. JOC Contractors who decline to accept a Task Order may be considered in breach of this Contract and may be defaulted.

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22.3. JOC Contracts are indefinite in quantity and scope at the time of Bid. Task Orders will be assigned or issued as the need arises for the Work. The Work items in the RSMeans with pre-established pricing are called Pre-Priced Items. Task Orders may also include Non-Pre-Priced Items that are not included in the RSMeans. The Contractor will be required to obtain at least 2 competitive quotes from outside sources for all Non-Pre- Priced Items.

23. TASK ORDER PROPOSAL:

23.1. The JOC Contractor shall, as requested by the City, prepare a cost proposal, reports, or both in electronic format or as directed by the City. The JOC Contractor shall submit that proposal to the Contract Specialist within the time frame established in the Task Order Request for Proposal.

23.2. Task Order proposals are calculated by selecting applicable Pre-Priced Items in the RSMeans and/or Non-Pre-Priced Items and multiplying the prices by the appropriate quantities and Adjustment Factors in effect as of the date of the Task Order.

23.2.1. Pre-Priced items: Items priced in the RSMeans.

23.2.2. Non-Pre-priced items: Items not in the RSMeans, obtained by using the lowest of the competitive quotes received. At least two competitive quotes must be received. The competitive quotes will include labor, material, equipment, and services to install startup and test the item.

23.3. The sum of the appropriate Pre-priced and Non-Pre-priced Items multiplied by the appropriate quantities and applicable Adjustment Factor will establish a firm, fixed price for the Task Order. The Contractor will be required to apply the appropriate and actual line items and quantities required in the Task Order Scope of Work.

23.4. Upon receipt of the Contractor’s estimate or cost proposal, the City will compare it to the City’s estimate of costs for the Scope of Work. If the JOC Contractor’s cost proposal is deemed acceptable, the City may release the Task Order by issuing an NTP at the agreed-upon price.

23.5. If the City does not accept the cost proposal, the City and the Contractor may negotiate the proposal until an agreement is reached.

23.6. The JOC contractor will be required to meet all deadlines and timelines established in the Task Order documents.

23.7. RSMEANS:

23.7.1. PRICE ADJUSTMENT: The Adjustment Factors shall not change for a period of 3 years (1,095 Calendar Days) from the Contract Award Date and for any Task Order Modifications executed after the expiration of the Contract that are required to complete a Task Order. Once a particular Task Order has been approved and issued to the Contractor for performance there will not be any price adjustments considered for the completion of the Task Order.

A Task Order is approved and issued when the Task Order Authorization is fully executed.

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23.7.2. The Contractor shall subscribe to the RSMeans library and shall use the estimating software to submit the Unit Detail Report and Unit Summary Report through the RSMeans system. For bidding purposes, the contractor may access the online library on a limited basis by accessing the following website: www.rsmeansonline.com.

23.7.3. Where possible, the Contractor shall use RSMeans line items that are inclusive of labor, material, and equipment. RSMeans line items that include dollar values for services, labor, material, and equipment are deemed to be inclusive of the services, labor, material and equipment required for completing the construction item. For each Task Order, the Contractor shall apply the appropriate labor rates, line items and quantities based on the scope of work required.

24. TASK ORDER SUBCONTRACTOR INFORMATION:

24.1. LISTING OF SUBCONTRACTORS. In accordance with the requirements provided in the “Subletting and Subcontracting Fair Practices Act” of the California Public Contract Code, the Bidder shall provide the NAME and ADDRESS of each Subcontractor who will perform Work, labor, render services or who specially fabricates and installs a portion of the Work or improvement, in an amount in excess of 0.5% of the Contractor’s…