SDCWA Operations and Maintenance Center Tenant Improvements.pdf

CONTRACT DOCUMENTS

FOR

CONSTRUCTION OF

SAN DIEGO COUNTY WATER AUTHORITY

OPERATIONS AND MAINTENANCE CENTER

TENANT IMPROVEMENTS

SPECIFICATION 691

AUGUST 2026

VOLUME 1 OF 2

SPECIFICATION 691 PROFESSIONAL SEALS

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SPECIFICATION 691

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PROFESSIONAL SEALS

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SPECIFICATION 691 TABLE OF CONTENTS

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SAN DIEGO COUNTY WATER AUTHORITY

CONTRACT DOCUMENTS

FOR CONSTRUCTION OF

SAN DIEGO COUNTY WATER AUTHORITY

OPERATIONS AND MAINTENANCE CENTER TENANT IMPROVEMENTS

SPECIFICATION 691

TABLE OF CONTENTS

A. NOTICE INVITING BIDS

1. Date of Opening Bids

2. Form of Bid

3. Small Contractor Outreach and Opportunities Program (SCOOP)

4. Project Labor Agreement

5. Location of Work

6. Description of Work

7. Contract Document Review

8. Bid Security

9. Award of Contract

10. Prevailing Rates of Wage

11. Substitution of Securities

12. Contractor’s License

13. Department of Industrial Relations Registration

14. Mandatory Pre-bid Meeting

15. Mandatory Site Review

16. Project Administration

B. INSTRUCTIONS TO BIDDERS

1. Section 1, Requirements and Conditions

2. Section 2, Award of Contract

3. Section 3, Small Contractor Outreach and Opportunities

Program

C. BID FORMS

1. Due at Time of Bid

a. Bidder’s Checklist

b. Bid Proposal

c. Acknowledgment of Bid Proposal

d. Bidding Sheet

e. Noncollusion Declaration

f. Bidder’s Bond

g. Bidder’s Plan for Construction

h. Subcontractor List, Schedule B-1

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i. Vendor/Supplier and Service Provider List, Schedule B-2

j. Fleet Compliance Certification

k. Contractor Qualifications Questionnaire

2. Due Within Two (2) Business Days After Bid Opening

a. SCOOP Forms:

SCOOP Schedule A-1, Designation of All Subcontractors SCOOP Schedule A-2, Subcontracting Opportunities and Contact Log

D. CONTRACT

E. BOND AND INSURANCE

1. Bond for Faithful Performance

2. Payment Bond for Materials and Labor

3. Certification of Contractor

4. Commercial General Liability

5. Automobile Liability

6. Workers’ Compensation and Employer’s Liability

7. Property Liability – Builder’s Risk and Contractor’s Equipment

8. Pollution/Environmental Liability

9. Professional Liability

10. Excess Liability

F. CONTRACTOR AND SUBCONTRACTOR DIR CLASSIFICATION FORM

G. ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION

H. GENERAL CONDITIONS

1.0 Rules of Interpretation and Definitions

2.0 License Requirements

3.0 Scope of Work

4.0 General Provisions and Requirements

5.0 Jobsite Requirements

6.0 Laborers and Subcontractors

7.0 Prosecution and Progress of Work

8.0 Insurance and Sureties

9.0 Indemnification and Warranty

10.0 Payments and Contract Close-out

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I. SPECIFICATIONS

1. Division 01 – General Requirements Section 010100 Project Summary Section 010150 Safety Section 010250 Measurement and Payment Section 010300 Partnering Section 010500 Surveying Section 012500 Substitution Procedures Section 012900 Payment Procedures Section 013100 Progress Schedules Section 013110 Project Management and Coordination Section 013233 Photographic and Video Documentation Section 013300 Submittal Procedures Section 013516 Alteration Project Procedures Section 013700 Schedule of Values Section 014000 Quality Control Section 014200 References Section 015050 Mobilization Section 015100 Temporary Utilities Section 015300 Protection of Existing Facilities Section 015800 Project Signs Section 015900 Field Offices, Equipment, and Services Section 016000 Product Requirements Section 016600 Product Storage and Handling Requirements Section 017200 Record Documents Section 017300 Execution Section 017419 Construction Waste Management and Disposal Section 017700 Closeout Procedures Section 017823 Operation and Maintenance Data Section 017836 Warranties Section 017900 Demonstration and Training Section 018123 Facility Seismic and Wind Criteria Section 019113 General Commissioning Requirements

2. Division 02 – Existing Conditions Section 024119 Selective Demolition

3. Division 03 – Concrete Section 032000 Concrete Reinforcing Section 033000 Cast-In-Place Concrete

4. Division 05 – Metals Section 051200 Structural Steel Framing Section 053100 Steel Decking Section 054000 Cold Formed Metal Framing Section 055000 Metal Fabrications Section 055113 Metal Pan Stairs Section 055213 Pipe and Tube Railings

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5. Division 06 – Wood, Plastics, and Composites Section 061000 Rough Carpentry Section 061600 Sheathing Section 064116 Plastic-Laminate-Faced Architectural Cabinets

6. Division 07 – Thermal and Moisture Protection Section 071000 Dampproofing and Waterproofing Section 071700 Bentonite Waterproofing Section 072100 Thermal Insulation Section 072600 Vapor Retarders Section 075113 Built-Up Asphalt Roofing Section 076200 Sheet Metal Flashing and Trim Section 077100 Roof Specialties Section 077200 Roof Accessories Section 078100 Applied Fire Protection Section 078413 Penetration Firestopping Section 079200 Joint Sealants Section 079219 Acoustical Joint Sealants Section 079513.13 Interior Expansion Joint Cover Assemblies

7. Division 08 – Openings Section 081113 Hollow Metal Doors and Frames Section 083113 Access Doors and Frames Section 083313 Coiling Counter Doors Section 083323 Overhead Coiling Doors Section 084113 Aluminum-Framed Entrances and Storefronts Section 085653 Security Windows Section 087100 Door Hardware Section 088000 Glazing Section 088300 Mirrors Section 088813 Fire-Rated Glazing Section 089119 Fixed Louvers

8. Division 09 – Finishes Section 092116.23 Gypsum Board Shaft Wall Assemblies Section 092216 Non-Structural Metal Framing Section 092900 Gypsum Board Section 093013 Ceramic Tiling Section 095123 Acoustical Tile Ceilings Section 096513 Resilient Base and Accessories Section 096519 Resilient Tile and Plank Flooring Section 096536 Static-Control Resilient Flooring Section 096813 Tile Carpeting Section 097200 Wall Coverings Section 099113 Exterior Painting Section 099123 Interior Painting

9. Division 10 – Specialties Section 102113.17 Phenolic-Core Toilet Compartments Section 102600 Wall and Door Protection Section 102800 Toilet, Bath, and Laundry Accessories

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Section 104413 Fire Protection Cabinets Section 104416 Fire Extinguishers Section 105129 Phenolic Lockers Section 107516 Ground-Set Flagpoles

10. Division 12 – Furnishings Section 122413 Roller Window Shades Section 123661 Simulated Stone Countertops

11. Division 14 – Conveying Equipment Section 142400 Hydraulic Elevators

12. Division 21 – Fire Suppression Section 211000 Water-Based Fire Suppression Systems Section 212200 Clean Agent Fire Suppression System

13. Division 22 – Plumbing Section 220500 Common Work Results for Plumbing Section 220523 General Duty Valves for Plumbing Piping Section 220529 Hangers and Supports for Plumbing Piping and Equipment Section 220548 Vibration and Seismic Controls for Plumbing Piping and Equipment Section 220553 Identification for Plumbing Piping and Equipment Section 220593 Testing, Adjusting, and Balancing for Plumbing Section 220719 Plumbing Piping Insulation Section 220800 Commissioning of Plumbing Section 221116 Domestic Water Piping Section 221119 Domestic Water Piping Specialties Section 221123.21 Inline Domestic-Water Pumps Section 221316 Sanitary Waste and Vent Piping Section 221319 Sanitary Waste Piping Specialties Section 221319.13 Sanitary Drains Section 221323 Sanitary Waste Interceptors Section 221429 Sump Pumps Section 223300 Electric Domestic-Water Heaters Section 224200 Commercial Plumbing Fixtures Section 224500 Emergency Plumbing Fixtures Section 224700 Drinking Fountains and Water Coolers

14. Division 23 – Mechanical Section 230010 General Mechanical Requirements Section 230513 Common Motor Requirements for HVAC Equipment Section 230516 Expansion Fittings and Loops for HVAC Piping Section 230517 Sleeves and Sleeve Seals for HVAC Piping Section 230518 Escutcheons for HVAC Piping Section 230519 Meters and Gages for HVAC Piping Section 230523 General Duty Valves for HVAC Piping Section 230529 Hangers and Supports for HVAC Piping and Equipment Section 230548 Vibration and Seismic Controls for HVAC Section 230553 Identification and HVAC Piping and Equipment Section 230593 Testing, Adjusting, and Balancing HVAC

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Section 230700 Mechanical Insulation Section 230800 Commissioning of HVAC Section 230923 Direct Digital Control (DDC) System for HVAC Section 230923.27 Temperature Instruments Section 231123 Facility Natural-Gas Piping Section 232113 Hydronic Piping Section 232116 Hydronic Piping Specialties Section 232123 Hydronic Pumps Section 232300 Refrigerant Piping Section 232500 HVAC Water Treatment Section 232923 Variable Frequency Drives Section 233113 Metal Ducts Section 233300 Air Duct Accessories Section 233423 HVAC Power Ventilators Section 233600 Air Terminal Units Section 233713 Air Diffusers, Registers, and Grills Section 234100 Particulate Air Filtration Section 235233 Water Tube Boilers Section 235523.13 Low-Intensity, Gas-Fired, Radiant Heaters Section 236426.13 Air Cooled Water Chillers Section 237313 Custom Central-Station Air Handling Units Section 237433 Packaged Air-Conditioners Section 238123.12 Computer-Room Air-Conditioners Section 238126 Split-System Air Conditioners

15. Division 26 – Electrical

Section 260500 Basic Electrical Requirements Section 260519 Low Voltage Electrical Power Conductors and Cables Section 260529 Hangers and Supports for Electrical Systems Section 260533 Raceways Section 260534 Boxes Section 260573 Overcurrent Protective Device Coordination Study Section 260575 Acceptance Testing Section 262200 Transformers Section 262413 Switchboard Section 262416 Panelboards Section 262726 Wiring Devices and Connectors Section 262816 Circuit and Motor Disconnects Section 263213 Diesel Engine Generator Section 263353 Uninterruptable Power Supply Systems Section 263601 Bypass Isolation Transfer Switches Section 264313 Surge Protective Devices Section 265100 Interior Lighting Section 265600 Exterior Lighting

16. Division 27 – Communications

Section 270000 Telecommunications General Section 270526 Grounding and Bonding for Communications Systems Section 270528 Pathways for Communications Systems Section 270529 Hangers and Supports for Communications Systems Section 271100 Equipment Room Fittings

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Section 271300 Communications Backbone Cabling Section 271500 Communications Horizontal Copper Cabling Section 274000 Audiovisual Systems Section 274116 Integrated Audiovisual Systems and Equipment Section 275116 Public Address and Mass Notification Systems

17. Division 28 – Electronic Safety and Security

Section 280513 Conductors and Cables for Electronic Safety and Security Section 280526 Grounding and Bonding for Electronic Safety and Security Section 280528 Pathways for Electronic Safety and Security Section 280544 Sleeves and Sleeve Seals for Electronic Safety and Security Pathways and Cabling Section 281300 Access Control System Section 281523 Intercom Entry System Section 282300 Video Surveillance System Section 284600 Fire Alarm and Detection System

18. Division 31 –Earthwork Section 312000 Earth Moving

19. Division 32 –Exterior Improvements

Section 321216 Asphalt Paving Section 321313 Concrete Paving Section 321373 Concrete Paving Joint Sealant Section 321713 Parking Bumpers Section 321723 Pavement Markings Section 323119 Metal Security Fences and Gates Section 329600 Transplanting

20. Division 33 – Utilities

Section 330500 Common Work Results for Utilities

J. APPENDIX ITEMS

Appendix A: Geotechnical Report Appendix B: Storm Water Compliance Support Information Appendix C: Environmental Documents Appendix D: San Diego County Water Authority Project Labor Agreement Appendix E: SCOOP List Appendix F: Data Licensing Agreement Appendix G: Construction Waste Management Plan Appendix H: IP Request Form

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SPECIFICATION 691 NOTICE INVITING BIDS

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NOTICE INVITING BIDS

for

SAN DIEGO COUNTY WATER AUTHORITY

OPERATIONS & MAINTENANCE CENTER

TENANT IMPROVEMENTS

SPECIFICATION 691

1. Date of Opening Bids: Notice is hereby given that sealed bids will be received by the San Diego County Water Authority by mail or in its office at 4677 Overland Avenue, San Diego, California 92123- 1233, until Tuesday, September 29, 2026, at 2:00 p.m. for the foregoing project. The bids so submitted will be publicly opened and read aloud at that time. The apparent low bidder, including their listed subcontractors and vendors, will be posted to the Water Authority’s Contracting Opportunities page at https://www.sdcwa.org/contracting-opportunities/app/static/bid-results.html within two (2) business days of bid opening.

2. Form of Bid: The bid shall be made on the following forms provided by the Water Authority: Bid Proposal; Bidding Sheet; Noncollusion Declaration; Bidder’s Bond (not required if cash or certified or cashier’s check accompanies bid); Bidder’s Plan for Construction; Subcontractor List (Schedule B-1); and Vendor/Supplier and Service Provider List (Schedule B-2); Contractor qualifications; Fleet Compliance Certification, and Contractor Qualifications Questionnaire. These documents shall constitute the bid. By the close of business two (2) business days after the date of bid opening, submit Small Contractor Outreach and Opportunities Program (SCOOP) documentation and other items listed on the Bidder’s Checklist.

3. Small Contractor Outreach and Opportunities Program (SCOOP): The San Diego County Water Authority’s SCOOP is designed to maximize participation of diverse, qualified, small prime contractors, subcontractors, and material suppliers seeking to do business with the Water Authority. The Contractor hired to complete the scope of work identified in this request for bids will be determined, in part, by the Contractor’s demonstrated effort in conducting effective outreach to small contractors. Effective implementation of the Water Authority’s SCOOP is a requirement. If the apparent low bidder does not satisfy these SCOOP requirements, the bidder may be deemed non-responsive.

4. Project Labor Agreement: A Project Labor Agreement entitled “San Diego County Water Authority Project Labor Agreement” has been negotiated and covers the Covered Work of this Contract (a Covered Project). The Project Labor Agreement states the Parties agree to establish effective and binding methods for the resolution of all misunderstandings, disputes, and grievances without the need to resort to any strikes, slowdowns, work interruptions, or disruption of Covered Projects by the Unions or employees or any lockouts by Contractors. As a Covered Project, the Water Authority has established goals that at least 60 percent of the total construction craft hours worked on each Covered Project shall be performed by Local Workers. In addition, at least 15 percent of the total construction craft hours worked on each Covered Project to be performed by Targeted Workers. The successful bidder and any subcontractors of any tier awarded Covered Work will be required to execute a Letter of Assent to abide by the terms and conditions of the Project Labor Agreement. A copy of the Project Labor Agreement is included in the Contract Documents. Defined terms in this section shall have the same meaning as in the Project Labor Agreement is included in the Contract Documents. Defined terms in this section shall have the same meaning as in the Project Labor Agreement.

5. Location of Work: The project is located at 1960 Citracado Parkway, Escondido, CA 92029.

Access to the site is limited to public streets. See the Plans for the vicinity and location map of the work.

https://www.sdcwa.org/contracting-opportunities/app/static/bid-results.html

SPECIFICATION 691 NOTICE INVITING BIDS

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6. Description of Work: In general, the work to be completed under this Contract consists of tenant improvements of existing building including plumbing, electrical, mechanical, fire, structural, security, landscaping, and all other improvements and appurtenant work as required by the Contract Documents.

7. Contract Document Review: Contract Documents may be downloaded via BidNet Direct through the Water Authority’s Contracting Opportunities page at http://www.sdcwa.org/contracting-opportunities.

8. Bid Security: Each bid shall be accompanied by cash, certified or cashier’s check, or bid bond in the amount of 10 percent of the total bid price payable to the Water Authority as a guarantee that the bidder, if the bid is accepted, will execute the Contract and provide the required bonds, certificates of insurance, and endorsements within 15 days of the receipt by the bidder of the Notice of Award.

9. Award of Contract: All terms and conditions contained in the Contract Documents shall become a part of the Contract. No bidder may withdraw its bid for a period of 90 days after the time set for the opening thereof. The Contract shall be awarded within 90 days after the opening of bids, if it is in the interest of the Water Authority to do so. The Water Authority reserves the right, after opening bids, to waive any informality in any bid, to reject any or all bids, to make an award to the lowest responsive responsible bidder, as determined by the Water Authority, and reject all other bids as may be in the best interest of the Water Authority. A bidder to whom an award is made will be required to execute the Contract, Project Labor Agreement Letters of Assent, and provide the required bonds, certificates of insurance, and endorsements within 15 days of the receipt by the bidder of the Notice of Award.

10. Prevailing Rates of Wage: In accordance with the provisions of the California Labor Code, the Water Authority has obtained from the Department of Industrial Relations the general prevailing rates of wages in the locality in which the work is to be performed, and it shall be mandatory upon the Contractor to whom the Contract is awarded and upon any subcontractor to pay not less than the specified rates to all workers employed in the execution of the Contract. The Contractor shall cause a copy to be posted at the job site. Copies of the prevailing rates of wages are available for review by any interested party at the offices of the Water Authority, 4677 Overland Avenue, San Diego, California 92123-1233. For current prevailing wage rates see: http://www.dir.ca.gov/OPRL/PWD/index.htm

Additionally, contractors and subcontractors will be required to electronically upload certified payroll records (eCPRs) to the Labor Commissioner and as required elsewhere in these Contract Documents. Refer to the following Department of Industrial Relations website for further information:

http://www.dir.ca.gov/Public-Works/PublicWorks.html.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

11. Substitution of Securities: Pursuant to Section 22300 of the California Public Contract Code, the Contractor may request the Water Authority to make retention payments directly to an escrow agent or may substitute certain securities for money withheld by the Water Authority to ensure performance under the Contract, as provided in the General Conditions of the Contract Documents.

12. Contractor’s License: The Water Authority has determined that the Contractor shall possess and maintain a valid Class “B” General Building Contractor license at the time the Contract is bid. Failure to possess the specified license shall render the bid as non-responsive and shall act as a bar to award the Contract to any bidder not possessing said license at the time of bid. All subcontractors shall have and maintain a current and valid Contractor license of the required classification from the State of California.

13. Department of Industrial Relations Registration: Pursuant to California Labor Code Section 1725.5, the Water Authority requires all contractors and subcontractors to be registered with the Department of Industrial Relations prior to submitting a bid on any public works project. Bids from contractors or subcontractors that are not registered as required will be deemed non-responsive. The Water Authority will http://www.sdcwa.org/contracting-opportunities http://www.dir.ca.gov/OPRL/PWD/index.htm http://www.dir.ca.gov/Public-Works/PublicWorks.html

SPECIFICATION 691 INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS

SECTION 1 REQUIREMENTS AND CONDITIONS

1.1 BIDDER’S RESPONSIBILITY FOR EXAMINATION OF CONTRACT DOCUMENTS AND

LOCAL CONDITIONS

(a) Each bidder shall thoroughly examine the Contract Documents. Quantities pre-printed on the Bidding Sheet are estimates only; each bidder is responsible for determining, on the bidder’s own behalf, quantities used by the bidder in the submission of a bid. Except as otherwise specifically stated, the definitions of the General Conditions and other Contract Documents apply to these Instructions to Bidders.

(b) Each bidder is responsible for making an independent evaluation and judgment of the site conditions; market conditions; existing facilities; local conditions; site access; uncertainty of weather; soil conditions; applicable federal, state, and local laws and regulations and all other contingencies; and of the difficulties of the execution of the work called for by the Contract Documents. Information relating to site, local, market, or other conditions derived from the Contract Documents or from other reports or investigations made available by the Water Authority, or from the Engineer, is not warranted or guaranteed, either expressly or implied, by the Water Authority. In submitting a bid, a bidder shall rely on the bidder’s own interpretation of the data disclosed by soils and other geologic tests, borings, or reports.

(c) Geologic, soils, site condition, and other reports relating to the Project site are included in the Appendices. Nothing in any of these documents shall be construed as a representation or warranty by the Water Authority of any subsurface condition, and nothing in any document shall relieve any bidder of the bidder’s obligation to make an independent determination of site and other conditions affecting the construction of the proposed work. The reports referenced in this paragraph are not part of the Contract Documents but are for bidders’ reference only.

1.2 REQUESTS FOR CLARIFICATION

(a) Each bidder shall promptly notify the Engineer in writing of any conflicts, errors, omissions, ambiguities, or discrepancies in the Contract Documents discovered or noted by the bidder during examination of the Contract Documents. Each bidder shall also immediately notify the Engineer in writing of any physical conditions at the site materially different from those ordinarily encountered and generally recognized as inherent in work of the character provided or differing materially from those indicated in the Contract Documents or any geologic, soils, site condition, and other report referenced in Section 1.1(d).

The Water Authority reserves the right to issue addenda based on any such notice or notices received. A failure to provide a notice before the time for submission of a bid is a waiver of any objection to or right to make a claim based on the conflict, error, omission, ambiguity, discrepancy, or differing condition.

(b) Prospective bidders may request clarification of any information in the Contract Documents by submitting a request to the Engineer before the scheduled opening of bids. A response will be made by addendum for the benefit of all prospective bidders. The Water Authority reserves the right to not respond.

The identity of a maker of a request for clarification will be treated as confidential; a response will not divulge the maker of inquiry. Any addendum making a material change to the bid requirements will be issued not less than 72 hours before the time for submission and opening of bids provided; however, the Water Authority may, by the addendum, extend the time for submission and opening.

1.3 ADDENDA

The Water Authority reserves the right to issue addenda prior to the time established for submission of bids.

Each bidder shall acknowledge receipt of all addenda in the appropriate space on the Bid Forms. No oral or written interpretations, clarifications, or changes to the Contract Documents are binding on the Water Authority or the Engineer except written interpretations, clarifications, or changes formally issued as addenda. An addendum may extend the time for submission of bids.

1.4 FORM OF BID

(a) The bid shall be submitted on the Bid Forms contained in the Contract Documents. Bids shall be submitted in a sealed envelope. Unsealed bids shall not be accepted and shall be returned to the bidder.

(b) Information responsive to a specific request shall be stated in the appropriate blank space or spaces in the Bid Forms. Prices, whether per unit or lump sum, shall be stated in figures and in United States dollars.

(c) The text of the Bid Forms shall not be changed. Except for provision of information responsive to a specific request in a blank space provided for that purpose, any addition to or deletion of text of a Bid Form may result in a determination that the bid is non-responsive. Alterations by erasure or interlineations must be explained or noted in the bid over the signature of the bidder. Alternative bids will not be considered unless specifically requested by the Bid Form.

(d) Bids shall be signed by or on behalf of the bidder as follows:

(1) If the bidder is an individual, the bidder’s signature and full address are required.

(2) If the bidder is a partnership, the signature of a general partner signing on behalf of the partnership and the partnership address are required. The bidder shall also attach the separate sheet showing the name and address of each general partner.

(3) If the bidder is a joint venture, the signature and address of each joint venturer is required. If a joint venturer is a partnership, corporation, or other legal entity, the signature of an authorized person signing on behalf of the joint venturer is required.

(4) If the bidder is a corporation, the signature of a corporate officer signing on behalf of the corporation and the corporate address are required. Additionally, the bidder shall verify the signature by one of the following: stamping of the corporate seal; attachment of a true copy of a corporate resolution authorizing execution of the bid; or attachment of a notary acknowledgement attesting to the execution of the bid on behalf of the corporation.

(e) The bid shall designate the surety or sureties that have agreed to furnish required bonds and the insurance companies furnishing required insurance.

1.5 TIME FOR SUBMISSION OF BIDS

Only timely bids will be opened. To be timely, a bid must be received by the Water Authority at or before the date and time stated in the Notice Inviting Bids, or in an addendum that changes the date and time for submission. Untimely bids will be returned unopened to the bidder. The time for submission of bids also may be referred to as the time for bid opening or time for opening of bids.

1.6 MANNER OF SUBMISSION OF BIDS

Bids shall be submitted in a sealed envelope and addressed to the Director of Operations & Maintenance, San Diego County Water Authority, 4677 Overland Avenue, San Diego, California 92123. The envelope shall be plainly marked in the upper left-hand corner with the name and address of the bidder and bear the words “Bid for,” followed by the name of the work and the date and hour specified for submission of bids.

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The bid guarantee, whether in cash, certified or cashier’s check, or bidder’s bond shall be enclosed in the same envelope with the bid. Bids may be delivered by personal delivery, courier service, or mail. However, bids must be received at or before the time for submission of bids. Bids shall not be submitted by telegraph, facsimile, or electronic mail.

1.7 TRADE SECRETS

If a bidder claims a privilege against public disclosure for trade secret or other proprietary information, such information must be clearly identified in the bid. Note that under California law, bid price or quotation to a public agency is not a trade secret.

1.8 WITHDRAWAL OF BID

A bidder may, without penalty, withdraw a bid by submitting a written statement of bid withdrawal to the Engineer before the date and time fixed for opening bids. The bid will be returned unopened. No bid may be withdrawn after the date and time fixed for opening bids except upon forfeiture of the bid guarantee.

1.9 BID OPENING

(a) All bids will be opened and declared publicly. Bidders, bidders’ representatives, and other interested persons are invited to be present at the opening. The Water Authority reserves the right to waive any informality or irregularity in any bid; to reject any or all bids; or make an award to the lowest, responsive, and responsible bidder as the interest of the Water Authority may require. The Water Authority may reject any bid which, in the opinion of the Engineer, is unbalanced between the various work items as to be detrimental to the interests of the Water Authority.

(b) In selecting the lowest, responsive, and responsible bidder, consideration will be given not only to the information submitted in the bid, but also to the financial standing, general competency, quality, fitness, experience, and capacity of the bidder to perform the work. To receive favorable consideration, a bidder may be required to present evidence that it has successfully performed similar work of comparable magnitude or submit other evidence satisfactory to the Water Authority that its associates, partners, or joint venturers are personally competent to manage the proposed undertaking and to carry it forward to a successful conclusion. Professional integrity and honesty of purpose shall be essential requirements. A showing of adequate financial resources may be required but will not alone determine whether a bidder is competent to undertake the proposed work.

(c) The unit price for an item shall be considered as controlling over the total price for that item. Thus, if the unit price and the total amount stated by a bidder for any item are not consistent, the unit price alone will be considered as representing the bidder’s intention and the total will be corrected. Similarly, the price stated for separate items of work will be considered as representing the bidder’s intention and controlling over the total lump sum price. Thus, if the stated lump sum is not consistent with the total of separately stated items, after any corrections of unit priced items, the lump sum price will be corrected.

(d) The lump sum price for bid items shall conform to maximum and minimum values when identified in the Bid Proposal and Section 01025, Measurement and Payment. If the lump sum price stated by a bidder does not conform, the lump sum price will be corrected to the applicable maximum or minimum amount.

Such corrected amount shall be considered as representing the bidder’s intention. The corrected value will be used in determining the Subtotal of Lump Sum Items and Total Bid Price, and no adjustment or claim by the bidder based on such correction will be permitted.

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1.10 BID GUARANTEE

(a) Each bid shall be accompanied by a bid guarantee in the form of cash, a certified or cashier’s check, or bidder’s bond executed by an admitted surety insurer in the amount of 10 percent of the aggregate amount of the bid payable to “San Diego County Water Authority.” A bid that is not accompanied by a bid guarantee is non-responsive. A bidder’s bond shall be in the form included in the Contract Documents.

(b) The cash or check of a bidder to whom the Contract has been awarded will be returned to bidder after the bidder has executed the Contract and provided all bonds and insurance certificates required by the Contract Documents. Cash or checks of other bidders will be returned at the expiration of 90 days from the date of opening bids. The Water Authority may return some or all of the cash or checks at an earlier date if the Water Authority determines there is no need to hold the cash or checks. The liability of the Water Authority in connection with the bid guarantees in the form of cash and checks shall be limited to the return of the cash or checks.

(c) If a successful bidder fails, neglects, or refuses to timely execute the Contract in accordance with the Contract Documents, the bid guarantee accompanying the bid shall be forfeited to the Water Authority as provided in Section 2.2.

1.11 ACKNOWLEDGMENT BY BIDDER

Each bidder, by submitting a bid, acknowledges that the bidder has reviewed and understands the Notice Inviting Bids, these Instructions to Bidders, the Contract Documents, and the provisions of Chapters 4.08 and 4.12 of the Water Authority’s Administrative Code. Non-complying bidders and bids may be deemed non-responsive. The Water Authority’s Administrative Code is available online at https://www.sdcwa.org/about-us/admin-code/.

1.12 BIDDER’S AGREEMENT TO DEFEND PROTESTS

Each bidder, by submitting a bid, agrees to defend and indemnify the Water Authority with respect to any protest to the bid, a determination to overrule any protest to the bid, or an award of Contract to the bidder notwithstanding a protest.

1.13 BID PROTESTS

Bid protests shall follow the Water Authority’s Administrative Code, Chapter 4.08, Section 4.080.050(f), which may be found at the Water Authority’s website at https://www.sdcwa.org/sites/default/files/files/admin-code/Article%204.pdf.

1.14 CALIFORNIA AIR RESOURCES BOARD

The California Air Resources Board (CARB) implemented amendments to the In-Use Off-Road Diesel- Fueled Fleets Regulations which apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the regulations are available at:

https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB regulations. Bidders must provide, within two days after the bid submission, a valid Certificate of Reported Compliance (CRC) issued by CARB for the bidder and all listed subcontractors. Failure to provide valid CRCs as required herein may render the bid non-responsive.

https://www.sdcwa.org/about-us/admin-code/ https://www.sdcwa.org/sites/default/files/files/admin-code/Article%204.pdf https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf

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SECTION 2 AWARD OF CONTRACT

2.1 BIDS SHALL REMAIN VALID FOR 90 DAYS

All opened bids shall remain valid for 90 days. No bidder may withdraw a bid for a period of 90 days after the bid opening.

2.2 EXECUTION OF CONTRACT

(a) A bidder to whom an award is made shall secure Workers’ Compensation insurance or authorization for self-insurance under California law and provide the Workers’ Compensation Certificate, and furnish good and approved bonds and certificates and endorsements of insurance, and execute the Contract all as required by the Contract Documents, including but not limited to Letters of Assent from Contractor and each subcontractor, of any tier, to abide by the terms and conditions of the Project Labor Agreement for the duration of the Contract, within 15 days of the date of receipt by the bidder of the Notice of Award.

(b) Failure by the selected bidder to timely execute the Contract and perform the other obligations specified in this Section 2.2 may constitute grounds for debarment from future contracting pursuant to Chapter 4.12, Section 4.12.020 of the San Diego County Water Authority Administrative Code.

(c) If a bidder to whom award is made fails or refuses to perform the bidder’s obligations as required by paragraph (a), the money represented by the bid guarantee, whether in cash, check, or bidder’s bond, shall become the property of the Water Authority, the award will be annulled, and at the discretion of the Water Authority an award may be made to the next lowest responsive and responsible bidder, and such bidder shall fulfill every stipulation embraced herein as if it were the party to whom the first award was made.

(d) A corporation, partnership, or joint venture to which an award is made may be required before the Contract is executed to furnish evidence of its business existence, of its right to do business in California, and of the authority of the officer signing the Contract and bonds for the business to so sign. The Contract and bonds shall be executed in the manner required by California law.

2.3 BONDS AND SURETY QUALIFICATION

(a) A bidder to whom the Contract is awarded shall, at the bidder’s own cost and expense, within the time mentioned in Section 2.2, furnish a bond conditioned upon the faithful performance by the bidder of all covenants and stipulations in the Contract. The Bond for Faithful Performance shall be in the form provided by the Water Authority and accepted by the Engineer in an amount equal to 100 percent of the Contract price. The Bond for Faithful Performance shall remain in effect during the performance of all work, including all time extensions, and for a period not less than 730 calendar days from the date of recording of the Notice of Completion.

(b) A bidder to whom the Contract is awarded shall, at the bidder’s own cost and expense, within the time mentioned in Section 2.2, also furnish a Payment Bond executed by an admitted surety insurer in accordance with the provisions of California Civil Code Section 9550 et seq. The Payment Bond shall be in the form provided by the Water Authority and accepted by the Engineer in an amount equal to 100 percent of the Contract price.

(c) All bonds shall be executed by admitted surety insurers in the State of California. Should an objection as to the sufficiency of an admitted surety on a bond be made, or if the bond is required to be approved, California Code of Civil Procedure Section 995.660 shall apply.

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2.4 PROJECT LABOR AGREEMENT

A bidder to whom the Contract is awarded, within the time mentioned in Section 2.2 and before Notice to Proceed may be issued by the Water Authority, shall execute and provide Letters of Assent from Contractor and each subcontractor, of any tier, to abide by the terms and conditions of the Project Labor Agreement for the duration of the Contract. The Contractor and its subcontractors of all tiers whose work is subject to the Project Labor Agreement are required to execute and abide by its terms and conditions for the duration of the Contract. A copy of the Project Labor Agreement, including a sample copy of the Letter of Assent and Drug and Alcohol Testing Policy, is provided in Appendix D, Project Labor Agreement, of these Contract Documents.

SECTION 3 SMALL CONTRACTOR OUTREACH AND OPPORTUNITIES PROGRAM

3.1 POLICY

The Water Authority’s Small Contractor Outreach and Opportunities Program (SCOOP) is designed to maximize participation of diverse, qualified, small contractors, consultants, and material suppliers seeking to do business with the Water Authority. Effective implementation of SCOOP is a requirement of the Project and award of a Contract will be determined, in part, by the Contractor’s demonstrated effort in conducting effective outreach to small contractors. Failure to comply with the requirements herein may render the bid as non-responsive.

3.2 DEFINITIONS

(a) Small Contractor: A small business owned and operated independently from any other business concern and that has reported annual gross receipts for each of the last three years when neither year exceeded the size limit established by the U.S. Small Business Administration or that does not exceed the size standard for the number of employees specified for the related industry as determined by the U.S. Small Business Administration. The business must not be dominant in its field of operation and must meet the size criteria of 13 CFR 121 (as amended).

(1) The business may be certified as a Small Business utilizing the size criteria of 13 CFR 121 (as amended) through the Water Authority’s SCOOP. For new certifications or renewals, email scoop@sdcwa.org.

(2) The business may also be certified as an 8(a) business, a Small Disadvantaged Business, or a HUB Zone business by the U. S. Small Business Administration, or certified by the U.S. federal government’s System for Award Management, or certified as a Disadvantaged Business Enterprise by Caltrans or by one of the signatory agencies within the California Unified Certification Program, or certified by any public agency utilizing the size criteria of 13 CFR 121 (as amended), including the Metropolitan Water District of Southern California’s Regional/Small Business Program certification.

(3) The business may also be certified by the City of San Diego’s Small Local Business Enterprise and Emerging Local Business Enterprise certifications.

(4) A business certified as a Small Business or as a Disabled Veteran Business Enterprise by the California State Department of General Services, which satisfies all requirements contained in Section 3.2, Part (a), Paragraph (1) of this definition, will be eligible to participate in the Water Authority’s Program as a small business.

(b) Vendor/Material Supplier: An individual, partnership, corporation, or other legal entity that provides equipment, materials, or supplies under an executed Contract.

mailto:scoop@sdcwa.org

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(c) Joint Venture: An association of two or more businesses, one of which is a small business, to carry out a single business enterprise for profit for which purpose the businesses combine their property, capital, efforts, skills, and knowledge, and will share proportionately in the risks, losses, and profits of the association to complete a specified Project.

(d) Written Communication: Any handwritten or typed correspondence delivered by email, fax, or U.S. mail.

(e) Outreach Forms:

(1) Schedule A-1, Designation of All Subcontractors. Electronic versions of the SCOOP Schedule A-1 form can be found in Microsoft Word format at: http://www.sdcwa.org/forms-and-reports.

(2) Schedule A-2, Subcontracting Opportunities and Contact Log. Electronic versions of the SCOOP Schedule A-2 form can be found in Microsoft Word format at:

http://www.sdcwa.org/forms-and-reports.

(f) Small Business Certification/Certification Information: A certification letter or documentation that verifies any Small Business Certification as defined in Section 3.2, Part (a), Paragraphs (1), (2), (3), or (4).

Certification Information for Small Business Certifications that meet the definition of Section 3.2, Part (a), Paragraphs (1), (2), (3), or (4) may be listed in lieu of the Small Business Certification; this information shall include the name of the certifying agency, the type of small business certification, the small business certification identification number, and the small business certification expiration date.

3.3 OUTREACH RESOURCES PROVIDED BY THE WATER AUTHORITY

(a) Outreach materials provided by the Water Authority shall be the primary source of outreach activity. Contractors are encouraged to supplement but not replace the Water Authority-provided materials.

Water Authority-provided outreach materials include:

(1) SCOOP List: This list shall be used as the primary source for outreach activity and consists of potential subcontractors and vendors/material suppliers specific to the Project. The SCOOP List can be found in Appendix E, SCOOP List, of these Contract Documents. Bidders shall conduct outreach for any work they identify as a subcontracting opportunity in Schedule A‑2, using Appendix E, the SCOOP List, BidNet Direct, or other small‑business database.

3.4 OUTREACH ACTIVITY REQUIREMENTS AND EVIDENCE OF FULFILLMENT

The bidder shall conduct pre-bid outreach activities to provide equal opportunity to all firms, including small contractors, to participate on the Project. Outreach solicitations shall occur prior to submission of the bid to be considered good faith outreach efforts. The following table outlines the outreach activity requirements and evidence of fulfillment:

Outreach Activity Requirements No. Description

1. Identify work that can be subcontracted.

Evidence of Fulfillment

(i) Complete and submit Schedule A-2 by entering:

• A description of each item of work solicited from subcontractors;

• Estimated cost of work, materials, or services;

• Percent of total fee; and

• Whether or not a subcontractor or vendor was selected for this subcontracting opportunity, and the reason for selection/non-selection.

http://www.sdcwa.org/forms-and-reports http://www.sdcwa.org/forms-and-reports

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Outreach Activity Requirements No. Description

2. Notify firms on Appendix E, SCOOP List, of subcontracting opportunities for each category listed on

Schedule A-2.

• Notifications must occur no fewer than seven calendar days prior to the bid due date.

• Notification shall name the Water Authority as Project owner; identify work available to subcontractors; bid due date; contact information including but not limited to telephone number, email, and name of contact; and all available times and locations where Plans, Specifications, and Bid Documents can be viewed or copied.

Evidence of Fulfillment

(i) Provide copies of letters and any written communication sent to firms on Appendix E, SCOOP List, or any other sources identified by the bidder.

(ii) Complete and submit Schedule A-2 to document contact with small contractors, including:

• Name and title of each person contacted;

• Fax, email, and phone number of the company;

• Whether the firm submitted a bid to the Contractor; and

• If bid submitted to Contractor, reason the firm was not selected to work on the Project.

3. Identify final selected team of subcontractors, vendors, and suppliers.

Evidence of Fulfillment

(i) Complete Schedule A-1 by entering:

• All subcontractors, vendors, and suppliers that will be used on the Project, including those that will perform work at less than .005 percent of the bid value and any known second-tier subcontractors.

• Company name and name of contact.

• Whether the company is a second-tier subcontractor or supplier, and if so, to which company.

• Mailing address, telephone number, email of contact, and whether the business location is the headquarters or a local office.

• A specific description of each item of work to be done or provided.

• Whether the business is a Small Business, Minority-Owned Business, Woman-Owned Business, and/or Veteran-Owned Business.

• The cost or work, materials, or services.

• Percent of total fee.

• Any small business certifications.

(ii) Submit Letters of Intent to all first-tier Subcontractors/Suppliers/Vendors listed on the SCOOP Schedule A-1 (for example of letter, see: https://www.sdcwa.org/work-with-us/forms-information).

3.5 OUTREACH RESULTS: REPORTING REQUIREMENTS

Upon completion of the outreach activity requirements and as requested by the Water Authority, the two apparent lowest bidders shall submit the following items no later than the close of two business days after the bid opening. One electronic copy of the documentation in pdf format, shall be submitted.

Required Documents Included One completed Schedule A-1. � One completed Schedule A-2. � Letters of Intent to all first-tier Subcontractors/Suppliers/Vendors listed on the SCOOP Schedule A-1.

Copies of Small Business Certifications or Certification Information. � Evidence of Contact with Small Businesses on Appendix E, SCOOP List (examples: dated email, fax, or letter).

https://www.sdcwa.org/work-with-us/forms-information

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3.6 SUBCONTRACTOR SUBSTITUTION

(a) Written authorization from the Water Authority is required before substitution of any subcontractor.

Subcontractors may be substituted based on the criteria below:

(1) For any reason stated in California Public Contract Code Section 4107 which are incorporated herein.

(2) For reasons which the Water Authority, in its judgment, deems to be in the best interests of the Water Authority, except where prohibited by law.

(b) Complete the following for the Water Authority’s review and approval of the proposed subcontractor/vendor/supplier substitution:

(1) Notify the Water Authority as soon as practicable of the potential to or actual need to substitute subcontractor/vendor/supplier listed on Schedule A-1 or in Bid Schedules B-1 or B-2. Provide written communication between Contractor and subcontractor/vendor/supplier and reason(s) for substitution.

(2) Provide written documentation of steps taken to secure new subcontractor/vendor/supplier, including but not limited to the Water Authority’s vendor registration system search(es) or other searches, contacts made and responses between Contractor and potential subcontractors/vendors/suppliers, California contractor’s license copy, DIR registration copy, and reason(s) for selection/non-selection.

(3) Provide updated Schedule A-1 to Water Authority upon Water Authority’s approval of substitution.

3.7 AWARD OF AGREEMENT

The Contractor’s good faith outreach efforts will be reviewed by the SCOOP manager or his/her designee prior to the award of a Contract to determine whether good faith outreach efforts requirements, if applicable, were met.

3.8 POST-AWARD MONITORING

(a) To ensure compliance with Contractor stated commitments, the Water Authority will monitor subcontracting activity throughout the duration of the Contract. To comply with post-award monitoring the bidder shall:

(1) Ensure that each subcontractor and supplier is paid for acceptable performance within seven calendar days of receipt of payment from the Water Authority.

(2) Ensure that subcontractors and suppliers perform the type of work and the quantity of work as specified in Schedule A-1.

(3) Provide the Water Authority with any additional reports, subcontracts, or other information deemed necessary for determining Contractor’s compliance with its subcontracting commitment.

(4) Maintain all reports and corresponding information for a period of no less than three years after the completion of the Project, or until such time a program audit has been completed on the Project by the Water Authority, whichever occurs first.

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3.9 SCOOP…