Warehouse Walk-In Freezer Replacement.pdf

Bid No. 2606 P a g e | 1

Warehouse Walk-In Freezer Replacement

BID NO. 2606

WAREHOUSE WALK-IN FREEZER

REPLACEMENT

BID DEADLINE & BID OPENING:

October 26, 2026 at 2:00 PM

11700 Knott Avenue

Garden Grove, CA 92841

GARDEN GROVE UNIFIED SCHOOL DISTRICT

10331 Stanford Avenue, Garden Grove, CA 92840

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TABLE OF CONTENTS

NOTICE CALLING FOR BIDS

LIST OF DRAWINGS, TABLES AND SCHEDULES

INVITATION TO BID

INSTRUCTIONS TO BIDDERS

EXISTING INFORMATION AND DOCUMENTATION REGARDING PROJECT SITE

PREQUALIFICATION QUESTIONNAIRE FOR PROSPECTIVE BIDDERS

*CONTRACTOR (OR “FIRM”) INFORMATION

QUESTIONS

CONTRACTOR PROJECT REFERENCES

*BID FORM

*BID BOND (SECURITY)

*DESIGNATED SUBCONTRACTORS LIST

*NONCOLLUSION DECLARATION

*IRAN CONTRACTING ACT CERTIFICATION (Public Contract Code § 2204)

NOTICE OF AWARD

AGREEMENT

CERTIFICATIONS TO BE COMPLETED BY CONTRACTOR

DISABLED VETERAN BUSINESS ENTERPRISE PARTICIPATION CERTIFICATION

CRIMINAL BACKGROUND INVESTIGATION / FINGERPRINTING CERTIFICATION

ESCROW OF BID DOCUMENTATION

ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION

STORM WATER POLLUTION PREVENTION PLAN

PERFORMANCE BOND (100% of Contract Price)

PAYMENT BOND -- Contractor's Labor & Material Bond (100% of Contract Price)

NOTICE TO PROCEED

WARRANTY AND GUARANTEE FORM

GENERAL CONDITIONS

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SPECIAL CONDITIONS

SPECIFICATIONS - GENERAL REQUIREMENTS

SUMMARY OF WORK

CONTRACT FORMS AND SUBMITTALS

PRICE AND PAYMENT PROCEDURES

ALLOWANCES

ALTERNATES AND UNIT PRICING

PRODUCT OPTIONS AND SUBSTITUTION

CONTRACT MODIFICATION PROCEDURES

REQUESTS FOR INFORMATION

COORDINATION AND PROJECT MEETINGS

CONSTRUCTION SCHEDULE – NETWORK ANALYSIS

SUBMITTALS

QUALITY REQUIREMENTS

ABBREVIATIONS AND ACRONYMS

GENERAL DEFINITIONS AND REFERENCES

TESTING LABORATORY SERVICES

TEMPORARY FACILITIES AND CONTROLS

SITE STANDARDS

TEMPORARY TREE AND PLANT PROTECTION

STORM WATER POLLUTION PREVENTION PLAN (SWPPP) – CONSTRUCTION

MATERIALS AND EQUIPMENT

DELIVERY, STORAGE AND HANDLING

EXECUTION

CUTTING AND PATCHING

CONTRACT CLOSEOUT AND FINAL CLEANING

OPERATION AND MAINTENANCE DATA

WARRANTIES

RECORD DOCUMENTS

*Documents that bidder must submit as part of its bid.

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NOTICE CALLING FOR BIDS

DISTRICT: Garden Grove Unified School District

BID NUMBER: Bid 2606 - Warehouse Walk-In Freezer Replacement

PROJECT LOCATIONS: Garden Grove Unified School District – District Office Warehouse Building

BID DEADLINE & OPENING: October 26, 2026 at 2:00 PM

PLACE OF RECEIPT: Facilities Department

Garden Grove Unified School District

11700 Knott Avenue, Garden Grove, CA 92841

NOTICE IS HEREBY GIVEN that the Garden Grove Unified School District of Orange County, California, acting by and through its Governing Board, hereinafter referred to as "DISTRICT," will receive up to, but not later than, the above-stated bid deadline, sealed bids at the place identified above for the award of a contract for the construction of the project identified above.

The District’s Construction Manager for this project is: GGUSD

Bids submitted to the District in response to this Notice Calling for Bids (this “Notice”) must be submitted in a sealed envelope which is plainly marked with the bidder’s name and California State Contractor’s License

Number, the Project name and number set forth above. All bids must be submitted on the bid form attached hereto

(“Bid Form”) and must otherwise comply with the requirements set forth in the document entitled “Information for Bidders” attached hereto. Each bid shall be accompanied in the same sealed envelope with the following: (1) bid security in an amount not less than ten percent (10%) of the total bid price in the form of either cash, a certified or cashier’s check payable to the District, or a “Bid Bond” in the form attached hereto; (2) a completed

“Non-collusion Affidavit”; (3) “Designation of Subcontractors” all of which must be on the forms attached hereto.

The successful bidder and all of its subcontractors of all tiers shall pay all workers on all work performed pursuant to this Agreement not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the Department of Industrial Relations, State of

California, for the type of work performed and the locality in which the work is to be performed within the boundaries of the District, pursuant to sections 1770 et seq. of the California Labor Code. Prevailing wage rates are available from the District or on the Internet at: http://www.dir.ca.gov. The successful bidder upon award of the Agreement shall post a copy of the prevailing wage rates at each work site.

The District will conduct a mandatory informational job walk and conference relative to the Project. The location of that job walk and conference shall start at District Office Warehouse Building – Garden Grove Unified

School District, 10331 Stanford Ave., Garden Grove, CA 92840. Meet at the flag pole in front of the district office. The job walk and conference will commence promptly Wednesday, October 14, 2026 at 7:00 AM. Failure to attend or tardiness will render bid ineligible.

Those bids timely received at the specified location shall be opened and publicly read aloud at the above-stated

Date and Time of Bid Opening and at the above-stated Place of Bid Receipt.

The District requires that each bidder possess the following classification(s) of contractor’s license(s) at the time the bid is submitted:

Bid Package No. Description License

Bid No. 2606 Warehouse Freezer Project B http://www.dir.ca.gov/

Bid No. 2606 P a g e | 5

The Bidder's license(s) must remain active and in good standing at the time of the Bid Opening and throughout the term of the Agreement.

The District reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.

The “Project Documents” (as defined in the Information for Bidders) are on file at the following location: ARC planwell. The Project Documents include the plans and specifications pursuant to which the Project is to be constructed and upon which the bidders are to base their bids (“Plans and Specifications”).

Option 1: View and/or Download from ARC Planwell site as well as the GGUSD website by following these directions:

https://order.e-arc.com/arcEOC/x_project.asp?de=D793AB0A-F394-4BD7-87B7-761F9015024A

Option 2: https://www.ggusd.us/departments/purchasing

Management and coordination for the project is the responsibility of the District’s Facilities Department. All inquiries about the project are to be directed to: Mr. Kevin Heerschap, (714) 663-6442 GGUSD Facilities

Department or email facilities@ggusd.us.

The bidder to whom the District awards the contract for the construction of the Project (the “Agreement”) must complete the work required under the Agreement by the date indicated in the Agreement (the “Completion Date”).

Pursuant to Public Contract Code Section 22300, the Agreement will contain provisions permitting the successful bidder to substitute securities for any monies withheld by the District to ensure performance under the Agreement or permitting payment of retentions earned directly into escrow.

The District shall award the Agreement, if it awards it at all, to the lowest responsive responsible bidder based on:

The base bid amount only.

Prior to the Bid Submission Deadline, any bidder may withdraw its bid in person or by written request. No bids may be withdrawn between the Bid Submission Deadline and the ninetieth (90th) calendar day thereafter, inclusive, and all bids shall be effective throughout that entire ninety (90) day period.

Any questions regarding bid documents should be reduced to writing and e-mailed to facilities@ggusd.us no later than October 19, 2026 at 10:00 AM. Answers to these questions will be posted online as an addendum at https://www.ggusd.us/departments/purchasing on or before October 20, 2026 at 5:00 PM.

Date of this Notice: October 2, 2026

Garden Grove Unified School District

By:

Kevin Heerschap

Director of Facilities

Publication Dates: October 2, 2026 and October 9, 2026

Orange County News- PO# Y72V0006 https://order.e-arc.com/arcEOC/x_project.asp?de=D793AB0A-F394-4BD7-87B7-761F9015024A https://www.ggusd.us/departments/purchasing mailto:Departmentoremailfacilities@ggusd.us mailto:facilities@ggusd.us https://www.ggusd.us/departments/purchasing

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LIST OF DRAWINGS, TABLES AND SCHEDULES

DRAWINGS

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SCHEDULES

Advertisement

Mandatory Job Walk

Last Date for Pre-Bid RFIs

Addendum Posting Date

October 2 and October 9, 2026

October 14, 2026 at 7:00 AM

October 19, 2026 by 10:00 AM

October 20, 2026 at 5:00 PM

Bid Deadline & Opening:

Award:

Contract Documents Due:

October 26, 2026 at 2:00 PM

November 17, 2026

November 24, 2026

Notice to Proceed: ASAP

Start Construction: November 30, 2026

Construction Completion:

Punch List Completion

Closeout Completion

May 20, 2027

May 20, 2027

35 days from filing of Notice of Completion

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INVITATION TO BID

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

Bid No. 2606 – Warehouse Walk-In Freezer Replacement (“Project” or “Contract”)

2. Sealed Bids will be received until 2:00 P.M., October 26, 2026, at the Garden Grove Unified School District

Facilities Office, located at 11700 Knott Avenue, Garden Grove, California 92841, at or after which time the bids will be opened and publicly read aloud. Any claim by a bidder of error in its bid must be made in compliance with section 5100 et seq. of the Public Contract Code. Any bid that is submitted after this time shall be non-responsive and returned to the bidder.

3. The Project consists of:

Demolition and replacement of two walk-in storage freezers with one new custom manufactured walk in storage freezer

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

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

Contractor Licenses:

B

The Bidder's license(s) must be active and in good standing at the time of the bid opening and must remain so throughout the term of the Contract.

6. As security for its Bid, each bidder shall provide with its Bid form

• a bid bond issued by an admitted surety insurer on the form provided by the District,

• cash, or

• a cashier's check or a certified check, drawn to the order of the Garden Grove Unified School

District in the amount of ten percent (10%) of the total bid price. This bid security shall be a guarantee that the Bidder shall, within seven (7) calendar days after the date of the Notice of Award, enter into a contract with the

Garden Grove Unified School District for the performance of the services as stipulated in the bid.

7. The successful Bidder shall be required to furnish a 100% Performance Bond and a 100% Payment Bond if it is awarded the contract for the Project.

8. The successful Bidder may substitute securities for any monies withheld by the Garden Grove Unified School

District to ensure performance under the Contract, in accordance with the provisions of section 22300 of the

Public Contract Code.

9. The successful Bidder and its subcontractors shall pay all workers on the Project not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the Department of Industrial Relations, State of California, for the type of work performed and the locality in which the work is to be performed within the boundaries of the District, pursuant to sections 1770 et seq. of the California Labor Code. Prevailing wage rates are on file with the Garden Grove

Unified School District and are available to any interested party on request or at www.dir.ca.gov/oprl/statistics_and_databases.html. Bidders and Bidders’ subcontractors shall comply with the registration and qualification requirements pursuant to sections 1725.5 and 1771.1 of the California

Labor Code.

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10. A mandatory pre-bid conference and site visit will be held on October 14, 2026, at 7:00 AM. at 10331

Stanford Ave, Garden Grove, CA 92840. Meet at the flag pole in front of the main office. The Site Visit is expected to take approximately 30 minutes. Failure to attend or tardiness will render bid ineligible.

11. Contract Documents are available on October 2, 2026, in addition, Contract Documents are available for review at the following builders’ exchanges:

https://order.e-arc.com/arcEOC/x_project.asp?de=D793AB0A-F394-4BD7-87B7-761F9015024A

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

If the Garden Grove Unified School District awards the Contract, the security of unsuccessful bidder(s) shall be returned within sixty (60) days from the time the award is made. Unless otherwise required by law, no bidder may withdraw its bid for ninety (90) days after the date of the bid opening.

12. The Garden Grove Unified School District shall award the Contract, if it awards it at all, to the lowest responsive responsible bidder based on: Base bid for the warehouse freezer project. The base bid amount only.

https://order.e-arc.com/arcEOC/x_project.asp?de=D793AB0A-F394-4BD7-87B7-761F9015024A

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INSTRUCTIONS TO BIDDERS

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

Garden Grove Unified School District (“District”) will evaluate information submitted by all bidders and, if incomplete or does not fully comply with these Instructions to Bidders, Bidder's bid may be rejected at the sole discretion of District.

1. Project. Bids are requested for a general construction contract, or work described in general, for the following project:

Warehouse Walk-In Freezer Replacement (“Project” or “Contract”)

2. The Bidder is required to have been prequalified by the District prior to bidding. In addition, if the Project has electrical, mechanical, or plumbing components that will be performed by subcontractors performing under the following license classification(s), then each of those subcontractors that intend to bid as a first-tier subcontractor to a general contractor (prime contractor) are required to have been prequalified by the District:

C-4, C-7, C-10, C-16, C-20, C-34, C-36, C-38, C-42, C-43, and/or C-46.

3. Submittal of Bids. District will receive sealed Bids from Bidders as indicated in the Invitation to Bid and each Bidder shall ensure that its Bid contains all documents as required herein and is submitted by date and time shown in the Invitation to Bid.

a. Bidders must ensure the District timely receives Bidder’s bid, sealed and marked with name and address of the Bidder, the Project name and number, the bid number and bid package (if applicable), and the date for opening bids.

1. Bid Opening. Bids will be opened at or after the time indicated for receipt of bids.

2. Complete Bids. Bidders must supply all information required by each Bid Document. Bids must be full and complete. District reserves the right in its sole discretion to reject any Bid as non-responsive as a result of any error or omission in the Bid. Each Bidder must complete and submit all of the following documents as its

Bid:

• Bid Form

• Bid Bond or other security

• Designated Subcontractors List

• Noncollusion Declaration

• Iran Contracting Act Certification

a. Bid Form. Bidders must submit Bids on the Bid Form and all other required District forms. Bids not submitted on the District's required forms shall be deemed non-responsive and shall not be considered.

Additional sheets required to fully respond to requested information are permissible. Bidders shall not modify the Bid Form or qualify their Bids. Bidders shall not submit scanned, re-typed, word-processed, or otherwise recreated versions of the Bid Form or other District-provided documents.

b. Bid Bond or Other Security. Bidders must submit their Bid Form with cash, a cashier's check or a certified check payable to District, or a bid bond by an admitted surety insurer of not less than ten percent

(10%) of their base Bid amount, including all additive alternates. Required form of corporate surety, Bid

Bond, is provided by District and must be used and fully completed by Bidders choosing to provide a Bid

Bond as security. The Surety on Bidders’ Bid Bond must be an insurer admitted in the State of California and authorized to issue surety bonds in the State of California. Bids submitted without necessary bid security will be deemed non-responsive and will not be considered.

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c. Designated Subcontractors List. Bidders must submit with the Bid the Designated Subcontractors List for those subcontractors who will perform any portion of Work, including labor, rendering of service, or specially fabricating and installing a portion of the Work or improvement according to detailed drawings contained in the plans and specifications, in excess of one half of one percent (0.5%) of the Bidder’s total

Bid. Failure to fully complete and submit this list when required by law shall result in Bid being deemed non-responsive and the Bid will not be considered.

d. Noncollusion Declaration. Bidders shall submit the Noncollusion Declaration with their Bids. Bids submitted without the Noncollusion Declaration shall be deemed non-responsive and will not be considered.

e. Iran Contracting Act Certification. Bidders shall submit the Iran Contracting Act Certification with their Bids. Bids submitted without the Iran Contracting Act Certification shall be deemed non-responsive and will not be considered.

3. Erasures. Bids shall be clearly written without erasure or deletions. Bidders cannot alter any provisions in the Contract Documents and no bid can include any erasure or deletion or revision to any provision.

4. Prevailing Wages. Pursuant to sections 1770 et seq. of the California Labor Code, Bidder and all

Subcontractors under the Bidder shall pay all workers on all work performed pursuant to the Contract not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the State of California Department of Industrial Relations (DIR) for the type of work performed and the locality in which the work is to be performed within the boundaries of the

District. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by the DIR are on file with the District and are available to any interested party on request or at www.dir.ca.gov/oprl/statistics_and_databases.html.

5. Contractor Registration. Bidder shall ensure that it and its Subcontractors comply with the registration and compliance monitoring provisions of Labor Code section 1771.4, including furnishing its CPRs to the Labor

Commissioner, and are registered pursuant to Labor Code section 1725.5. Bidder and its subcontractors shall comply with Labor Code section 1725.5 to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of the Contract.

6. DVBE. Section 17076.11 of the Education Code requires school districts using funds allocated pursuant to the State of California School Facility Program for the construction and/or modernization of school building(s) to have a participation goal for disabled veteran business enterprises (“DVBE”) of at least three percent (3%) per year of the overall dollar amount expended on projects that receive state funding. For any project that is at least partially state-funded, the low Bidder must submit certification of compliance with the procedures for implementation of DVBE contracting goals with its signed Agreement. DVBE Certification

Participation Forms are attached. Bidders should not submit these forms with their Bids.

7. Bidder Diligence. Submission of Bid signifies careful examination of the Contract Documents and a complete understanding of the nature, extent, and location of Work to be performed. Bidders must complete the tasks listed below as a condition to bidding, and submission of Bid shall constitute the Bidder's express representation to District that Bidder has fully completed the following:

a. Bidder has visited the Project Site, if required, and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions and federal, state and local laws, and regulations that in any manner may affect cost, progress, performance, or furnishing of Work or that relate to any aspect of the means, methods, techniques, sequences, or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto;

b. Bidder has conducted or obtained and has understood all examinations, investigations, explorations, tests, Bid No. 2606 P a g e | 12 reports, and studies that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance, or furnishing of Work, as Bidder considers necessary for the performance or furnishing of Work at the Contract Price, within the Contract Time, and in accordance with the other terms and conditions of Contract Documents, including specifically the provisions of the General

Conditions. Bidder has notified the District if it contends that it requires additional examinations, investigations, explorations, tests, reports, studies, or similar information or data prior to submitting its bid;

c. Bidder has correlated its knowledge and the results of all observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents;

d. Bidder has given the District prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and the actual conditions, and the written resolution thereof by the District is acceptable to Bidder;

e. Bidder has made a complete disclosure in writing to the District of all facts bearing upon any possible interest, direct or indirect, that Bidder believes any representative of the District or other officer or employee of the District presently has or will have in this Contract or in the performance thereof or in any portion of the profits thereof;

f. Bidder must, prior to bidding, perform the work, investigations, research, and analysis required by the

Instructions to Bidders and that Bidder represented in its Bid Form and the Agreement that it performed prior to bidding. Bidder is charged with all information and knowledge that a reasonable bidder would ascertain from having performed this required work, investigation, research, and analysis. Bid prices must include entire cost of all work “incidental” to completion of the Work.

g. Conditions Shown on the Contract Documents: Information as to underground conditions, as-built conditions, or other conditions or obstructions, indicated in the Contract Documents, e.g., on Drawings or in Specifications, has been obtained with reasonable care, and has been recorded in good faith. However, District only warrants, and Bidder may only rely, on the accuracy of limited types of information.

(1) As to above-ground conditions or as-built conditions shown or indicated in the Contract

Documents, there is no warranty, express or implied, or any representation express or implied, that this information is correctly shown or indicated. This information is verifiable by independent investigation and Bidder is required to make that verification as a condition to bidding. In submitting its Bid, Bidder shall rely on the results of its own independent investigation. In submitting its Bid, Bidder shall not rely on District-supplied information regarding above-ground conditions or as-built conditions.

(2) As to any subsurface condition shown or indicated in the Contract Documents, Bidder may rely only upon the general accuracy of actual reported depths, actual reported character of materials, actual reported soil types, actual reported water conditions, or actual obstructions shown or indicated. District is not responsible for the completeness of this information for bidding or construction; nor is District responsible in any way for any conclusions or opinions of Bidder drawn from that information; nor is District responsible for subsurface conditions that are not specifically shown if those subsurface conditions are reasonably determinable by above-ground conditions and observation or as-built conditions (e.g., subsurface soil conditions in areas contiguous to areas where an above-ground condition is shown; utility pipes between a manhole and a water source, etc.).

h. Conditions Shown in Reports and Drawings Supplied for Informational Purposes: Reference is made to the document entitled Existing Information and Documentation Regarding Project Site, for identification of:

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(1) Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the Project Site that have been utilized by Architect in preparing the Contract

Documents; and

(2) Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Project Site that has been utilized by Architect in preparing the Contract Documents.

(3) These reports and drawings are not Contract Documents and, except for any “technical” data regarding subsurface conditions specifically identified in Existing Information and

Documentation Regarding Project Site, and underground facilities data, Bidder may not in any manner rely on the information in these reports and drawings.

8. Fire Safety Plan. Bidder acknowledges and agrees that if awarded the Project, Bidder shall prepare and submit, as part of its “Safety Plan” a fire safety plan, pursuant to Section 3303.1 of Chapter 33 of the

California Fire Code (“Fire Safety Plan”). The successful Bidder shall submit the Fire Safety Plan to the

Division of The State Architect (“DSA”) in conjunction with the filing of form DSA 102-IC: Construction

Start Notice/Inspection Card Request, and must provide a copy to the District and the Architect. The successful Bidder’s Fire Safety Plan submitted to DSA by Bidder shall include all of the components required under section 3303.1.1 of the CFC, which include the following:

• Name and contact information of site safety director.

• Documentation of the training of the site safety director and fire watch personnel.

• Procedures for reporting emergencies.

• Fire department vehicle access routes.

• Locations of fire protection equipment, including portable fire extinguishers, sandpipes, fire department connections and fire hydrants.

• Smoking and cooking policies, designated areas to be used where approved, and signage locations in accordance with CFC section 3305.8.

• Location and safety considerations for temporary heating equipment.

• A hot work (welding, roofing, etc.) plan.

• Plans for control of combustible waste materials.

• Locations and methods for storage and use of flammable and combustible liquids, and other hazardous materials.

• Provisions for site security.

• Changes that affect this plan.

• Other site-specific information required by the local fire authority.

9. As-Builts. Bidders may examine any available “as-built” drawings of previous work by giving District reasonable advance notice. District will not be responsible for accuracy of “as-built” drawings. The document entitled Existing Information and Documentation Regarding Project Site applies to all supplied “as-built” drawings.

10. Questions. Questions regarding this RFP must be submitted by the date indicated in the RFP Schedule and must be in writing and directed only to Facilities@ggusd.us.

11. Addenda. Addenda may also be issued to modify parts of the Contract Documents as deemed advisable by the District. Bidder must acknowledge each Addendum in its Bid Form by number or its Bid may be considered non-responsive. Each Addenda shall be part of the Contract Documents. A complete listing of

Addenda may be obtained from the District.

12. Substitution for Specified Items. Bids shall be based on products and systems specified in the Contract

Documents or listed by name in Addenda. All requests must comply with the requirements specified in the

General Conditions, the Specifications and the following:

a. Request for Substitution Prior to Bid.

mailto:Facilities@ggusd.us

Bid No. 2606 P a g e | 14

(1) District must receive any request for substitution a minimum of FOURTEEN (14) calendar days prior to the date of bid opening.

(2) Information with Request. Requests for substitutions shall contain sufficient information to assess acceptability of the product or system and impact to Project, including, without limitation, the requirements specified in the General Conditions and the Specifications. Insufficient information shall be grounds for rejection of substitution.

(3) The District’s denial of a substitution request prior to the date of bid opening shall be conclusive, requiring Bidders to list only approved items. The District is not responsible and/or liable in any way for a Bidder’s damages and/or claims related, in any way, to that Bidder’s basing its bid on any requested substitution that the District has not approved. Bidder’s Bid shall be deemed non-responsive if it identifies a product or manufacturer of a non-approved substitution.

(4) Approved substitutions shall be listed in Addenda.

(5) District reserves the right not to act upon submittals of substitutions until after the date of bid opening. If the District does not act on a substitution request prior to the date of bid opening, Bidders must bid based on products and systems specified in Contract Documents or listed by name in Addenda.

b. Request for Substitution after Bid Award. Substitutions may be requested after the Contract has been awarded only if indicated in and in accordance with requirements specified in the General Conditions, as may be modified in the Special Conditions.

13. Alternates. The Contract may include alternates. Alternates are defined as alternate products, materials, equipment, systems, methods, or major elements of the construction, that may, at the District's option and under terms established in the Contract and pursuant to section 20103.8 of the Public Contract Code, be selected for the Work. The District shall award the Contract, if it awards it at all, to the lowest responsive responsible bidder based on the criteria as indicated in the Invitation to Bid.

14. Notice of Award. The Bidder awarded the Contract shall execute and submit the following documents by

5:00 p.m. of the SEVENTH (7TH) calendar day following the date of the Notice of Award. Failure to properly and timely submit these documents entitles District to, among other remedies, make a claim against

Bidder’s Bid Bond or deposit Bidder’s cash, cashier's check, or certified check. The proceeds thereof may be retained by District as liquidated damages, in District’s sole discretion.

a. Agreement: To be executed by successful Bidder. Submit four (4) copies, each bearing an original signature.

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

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

d. Payment Bond (100%) (Contractor's Labor and Material Bond): On the form provided in the Contract

Documents and fully executed as indicated on the form.

e. Insurance Certificates and Endorsements as required.

f. Certifications to be Completed by Contractor

g. Disabled Veterans' Business Enterprise Participation Certification.

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h. Criminal Background Investigation/Fingerprinting Certification.

i. If Contractor or any of its subcontractors intend to use on the Project any In-Use-Off-Road Deisel-Fueled

Fleets, then Contractor must submit a Certificate of Reported Compliance for the each of the fleets and subcontractors listed in the Agreement.

15. Notice to Proceed. District may issue a Notice to Proceed within THREE (3) months from the date of the

Notice of Award. Upon receipt of the Notice to Proceed, Contractor shall complete the Work within the period of time indicated in the Contract Documents. It is further expressly understood by Contractor that

Contractor shall not be entitled to any claim of additional compensation or additional time when the Notice to

Proceed is issued within the 3-month period.

a. The District may postpone issuing the Notice to Proceed beyond the 3-month period, upon reasonable notice to Contractor.

b. If the Contractor believes that a postponement of issuance of the Notice to Proceed will cause a hardship to Contractor, the Contractor may, by written notice to District within SEVEN (7) calendar days after receipt by Contractor of District's notice of postponement, take one of the following actions:

(1) Agree with the postponement. This would be at no additional cost to the District.

(2) Terminate the Contract. District shall only be obligated to pay Contractor for any Work that

Contractor had performed at the time of notification of postponement and that the District had in writing authorized Contractor to perform, if any, prior to issuing a Notice to Proceed.

(3) Request additional compensation. Contractor must submit detailed documentation demonstrating the need for that additional compensation, compared to the calculations and amounts that Contractor used to prepare its bid. If the Parties do not agree on an amount for the requested additional compensation, the Contractor can agree to the postponement without any additional compensation, or either Party may terminate the Contract.

c. If the Contract is terminated as a result of a notice of postponement, District shall have the authority to award the Contract to the next lowest responsive responsible Bidder.

16. Bid Protests. Any bid protest by any Bidder regarding any other bid on this Project must be submitted in writing to the District, before 5:00 p.m. of the THIRD (3rd) Business Day following the date of bid opening.

a. The protest must contain a complete statement of any and all bases for the protest.

b. The protest must refer to the specific portions of all documents that form the bases for the protest, including the specific portion(s) of the bid(s) that the Bidder is protesting.

c. The protest must include the name, address and telephone number of the person representing the protesting party.

d. The party filing the protest must concurrently transmit a copy of the protest and any attached documentation to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest, which must include all other Bidders or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.

e. The procedure and time limits set forth in this paragraph are mandatory and are each Bidder's sole and exclusive remedy in the event of bid protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings.

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17. Rejection of Bids. District reserves the right to reject any or all bids, including without limitation the right to reject any or all nonconforming, non-responsive, unbalanced, or conditional bids, to re-bid, and to reject the bid of any Bidder if District believes that it would not be in the best interest of the District to make an award to that Bidder, whether because the bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by District. District also reserves the right to waive inconsequential deviations not involving price, time, or changes in the Work. For purposes of this paragraph, an “unbalanced bid” is one having nominal prices for work item(s) that represent substantive work and/or overly-enhanced prices for nominal work item(s).

18. Bidder’s Representative’s Authority. Each bid must be executed by an authorized representative of the

Bidder. Bidders may be asked to provide documentation of that authority (e.g., an authenticated resolution of its Board of Directors, a power of attorney evidencing the capacity of the person signing the Bid Form to bind the Bidder to its bid, etc.).

19. Bidder Responsibility. Prior to the award of Contract, District reserves the right to consider the responsibility of the Bidder. District may conduct investigations as District deems necessary to assist in the evaluation of any bid and to establish the responsibility, including, without limitation, qualifications and financial ability of Bidders, proposed subcontractors, suppliers, and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to District's satisfaction within the

Contract Time.

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EXISTING INFORMATION AND DOCUMENTATION REGARDING PROJECT SITE

1. Summary

This document describes existing conditions at or near the Project and use of information available regarding existing conditions. This document is not part of the Contract Documents. See General Conditions for definition(s) of terms used herein. Contractor is required to request from the District a copy of any reports that it believes are necessary to perform Contractor’s Work in a safe, efficient and workman-like manner.

2. Reports and Information on Existing Conditions

a. Documents providing a general description of the Site and conditions of the Work may have been collected by District, its consultants, contractors, and tenants. These documents may include previous contracts, contract specifications, tenant improvement contracts, as-built drawings, utility drawings, and information regarding underground facilities.

b. Information regarding existing conditions may be inspected at the District offices or the Construction

Manager’s offices, if any, and copies may be obtained at cost of reproduction and handling upon Bidder's agreement to pay for such copies. These reports, documents, and other information are not part of the

Contract Documents.

c. Information regarding existing conditions may also be included in the Project Manual, but shall not be considered part of the Contract Documents.

d. The reports and other data or information regarding existing conditions and underground facilities at or contiguous to the Project are the following:

See Hazmat report document

(1) Geotechnical Data. Geotechnical data at or near the Project that is in the District's possession available for Contractor’s review.

(A) Geotechnical Reports. Geotechnical reports that may have been prepared for and around the Site by soil investigation engineers hired by the District and its consultants, contractors, and tenants. Geotechnical reports may be inspected at the District offices or the Construction Manager’s offices, if any, and copies may be obtained at cost of reproduction and handling upon Bidder's agreement to pay for such copies. These reports are not part of the Contract Documents. The reports and drawings of physical conditions that may relate to the Project are the following:

(2) Hazardous Material Reports

(3) Asbestos and/or AHERA Reports. Asbestos survey report, prepared for this Project and/or this

Project site:

Title: Asbestos and Lead Survey

Date: 7/20/15

Author: Cardinal Environmental

Availability: Included in Bid Doc’s

3. Use of Information

a. Information regarding existing conditions was obtained only for use of District and its consultants, contractors, and tenants for planning and design and is not part of the Contract Documents.

b. District does not warrant, and makes no representation regarding, the accuracy or thoroughness of any

Bid No. 2606 P a g e | 18 information regarding existing conditions. Bidder represents and agrees that in submitting a bid it is not relying on any information regarding existing conditions supplied by District.

c. Under no circumstances shall District be deemed to warrant or represent existing above-ground conditions, as-built conditions, or other actual conditions, verifiable by independent investigation. These conditions are verifiable by Contractor by the performance of its own independent investigation that

Contractor must perform as a condition to bidding, and Contractor should not and shall not rely on this information or any other information supplied by District regarding existing conditions.

d. Any information shown or indicated in the reports and other data supplied herein with respect to existing underground facilities at or contiguous to the Project may be based upon information and data furnished to District by the District's employees and/or consultants or builders of such underground facilities or others. District does not assume responsibility for the completeness of this information, and Bidder is solely responsible for any interpretation or conclusion drawn from this information.

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

4. Limited Reliance on Certain Information

a. Reference is made herein for identification of:

(1) Reports of explorations and tests of subsurface conditions at or contiguous to the Site that have been utilized by District in preparation of the Contract Documents.

(2) Drawings of physical conditions in or relating to existing subsurface structures (except underground facilities) that are at or contiguous to the Site and have been utilized by District in preparation of the

b. Bidder may rely upon the general accuracy of the “technical data” contained in the reports and drawings identified above, but only insofar as it relates to subsurface conditions, provided Bidder has conducted the independent investigation required pursuant to Instructions to Bidders, and discrepancies are not apparent.

The term “technical data” in the referenced reports and drawings shall be limited as follows:

(1) The term “technical data” shall include actual reported depths, reported quantities, reported soil types, reported soil conditions, and reported material, equipment or structures that were encountered during subsurface exploration. The term “technical data” does not include, and Bidder may not rely upon, any other data, interpretations, opinions or information shown or indicated in such drawings or reports that otherwise relate to subsurface conditions or described structures.

(2) The term “technical data” shall not include the location of underground facilities.

(3) Bidder may not rely on the completeness of reports and drawings for the purposes of bidding or construction. Bidder may rely upon the general accuracy of the “technical data” contained in such reports or drawings.

(4) Bidder is solely responsible for any interpretation or conclusion drawn from any “technical data” or any other data, interpretations, opinions, or information provided in the identified reports and drawings.

5. Investigations/Site Examinations

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

Bid No. 2606 P a g e | 19 supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions

(surface, subsurface, and underground facilities) at or contiguous to the Site or otherwise, that may affect cost, progress, performance, or furnishing of Work or that relate to any aspect of the means, methods, techniques, sequences, or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or that Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price, and other terms and conditions of Contract

Documents.

b. On request, District will provide each Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies, as each Bidder deems necessary for submission of a Bid.

Bidders must fill all holes and clean up and restore the Site to its former condition upon completion of its explorations, investigations, tests, and studies. Such investigations and Site examinations may be performed during any and all Site visits indicated in the Invitation to Bid and only under the provisions of the Contract Documents, including, but not limited to, proof of insurance and obligation to indemnify against claims arising from such work, and District’s prior approval.

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PREQUALIFICATION QUESTIONNAIRE FOR PROSPECTIVE BIDDERS

The Garden Grove Unified School District (“District”) has determined that contractors on future projects

(“Contractor(s)” or “Firm(s)”) must be prequalified prior to submitting a bid or proposal on a project. This form must be completed by:

• A Contractor with an A, B, C-4, C-7, C-10, C-16, C-20, C-34, C-36, C-38, C-42, C-43, and/or C-46 license(s) that intends to bid as a general contractor (prime contractor) directly to the District. Note that a prime contractor must identify all licenses for which it is seeking to be prequalified.

• A Contractor with a C-4, C-7, C-10, C-16, C-20, C-34, C-36, C-38, C-42, C-43, and/or C-46 license(s) that intends to bid and perform under one of these license classifications as a first-tier subcontractor to a general contractor (prime contractor) that is bidding directly to the District.

Form Submission. Contractors must complete this District form; no other prequalification documents submitted by a Contractor will meet the District’s requirements. All Contractors shall submit completed questionnaires and financial statements as follows:

Location Date

Garden Grove Unified School District

11700 Knott Avenue

Garden Grove, CA 92841

Attn: Kevin Heerschap

First-tier subcontractors and general (prime) contractors ______________, 20___

Contractor List. The District will make available a list of prequalified general contractors and electrical, mechanical, and plumbing subcontractors to all prequalified Contractors at least five (5) Business Days prior to the date for submission of any response to a District bid or other solicitation covered by this prequalification.

References. The District reserves the right to contact any representative at Contractor’s previous projects to gather information about the Contractor and/or to base the District’s prequalification determination on a scoring of Contractor’s references’ responses to questions.

Project Size. The District reserves the right to prequalify a Contractor up to a maximum project size based on

________________ percent (____ %) of the Contractor’s largest previous project within the past five (5) years.

Updates. Contractors who are prequalified must update their prequalification questionnaire if or when

Contractor’s status or information changes from that previously disclosed to the District. The District reserves the right to adjust, suspend, or rescind the prequalification rating of any Contractor based on subsequently learned information.

Non-responsiveness. A Contractor’s prequalification questionnaire shall be deemed nonresponsive if, without limitation, the Contractor’s prequalification questionnaire is not returned on time, does not provide all requested information, is not signed under penalty of perjury by an individual who has the authority to bind the Contractor, is not updated as required or is misleading or inaccurate in any material manner (e.g., financial resources are overstated; previous terminations for cause, surety takeovers, liquidated damages paid, or violations of law are not accurately reported).

Rejection/Waiver/Request. The District reserves the right, in its sole discretion, to reject any or all prequalification questionnaires, to waive irregularities in any prequalification questionnaire or to request further information or documentation from any Contractor.

Public Records. Although the names of Contractors seeking prequalification may be public information, pursuant to, without limitation, Public Contract Code sections 20111.5(a) and 20111.6 (b), each Contractor’s

Bid No. 2606 P a g e | 21 questionnaire and financial statements “shall not be public records and shall not be open to public inspection.”

However, the contents of Contractor’s prequalification questionnaires and financial statements may be disclosed to third parties for purposes of clarification or investigation of material allegations or in any appeal process.

Appeal. A Contractor may appeal the District’s decision. If a Contractor decides to appeal the District’s prequalification decision, it must follow the following procedure:

1. Contractor shall submit, in writing, within FIVE (5) Business Days from District’s determination, a detailed explanation of why it should be prequalified, with detailed and sufficient documentation supporting any and all bases for the appeal, and a request for a written response from the District to explain the District’s determination.

2. Within five (5) Business Days from receipt of the District’s written response to the Contractor’s request, Contractor may submit, in writing, a request for a meeting with the District’s staff.