City Hall - Data Center Battery Back Up & AC Repairs

CITY OF UNION CITY
ALAMEDA COUNTY, CALIFORNIA
Public Works Department
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34009 Alvarado-N
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iles RoadY
Union City, BCA 94587T
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CONTRACT DOCUMENTS
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For the
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CITY HALL - NDATAN CENTER BATTERY BACK UP
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C& AC REPAIRS
CITY PROJECT NO: 23-16
BID OPENING: Tuesday, May 5, 2026 at 2:00 p.m.
BID SET
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TABLE OF CONTENTS
VOLUME 1: CONTRACT DOCUMENTS ............................................................................................. 4
PART I: INTRODUCTORY PAGES ................................................................................................... 5
NOTICE OF INVITING BIDS .......................................................................................................... 5
INSTRUCTIONS TO BIDDERS ...................................................................................................... 9
1. DEFINITIONS .................................................................................................................... 9
2. BIDDER'S REPRESENTATIONS ................................................................................... 10
3. PRE-BID COMMUNICATION AND INTERPRETATION OF THE BID PACKAGE ........ 10
4. PRE-BID ACCESS TO THE PROJECT SITE ................................................................ 11
5. BIDDING PROCEDURE ................................................................................................. 11
6. BID PROTESTS .............................................................................................................. 13
7. AWARD ........................................................................................................................... 14
8. PRICING .......................................................D.................................................................. 15
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9. QUANTITIES ................................................................................................................... 15
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10. SUBSTITUTION OF "OR EQUAL" I TEMS .......I.............................................................. 16
11. SUBCONTRACTING .................R.................. C ................................................................... 16
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12. ASSIGNMENT ................................................................................................................. 17
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13. BONDS ......................... ..................C................................................................................. 17
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14. LABOR LAWS ................................................................................................................. 17
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PART II: SAMPLE AGRENEMENT ANND POST AWARD DOCUMENTS ......................................... 19
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POST AWARD DOCUMENT CHECK LIST ................................................................................. 19
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AGREEMENT ............................................................................................................................... 20
PERFORMANCE BOND .............................................................................................................. 25
PAYMENT/LABOR AND MATERIALS BOND ............................................................................. 27
MAINTENANCE BOND ................................................................................................................ 29
WORKER'S COMPENSATION INSURANCE CERTIFICATION................................................. 31
CERTIFICATION OF SAFETY REQUIREMENTS ....................................................................... 32
ESCROW AGREEMENT FOR SECURITY DEPOSITS .............................................................. 34
FORM 1093 AFFIRMATIVE ACTION PROGRAM AMENDMENT .............................................. 36
FORM 1095 - EQUAL OPPORTUNITY EMPLOYER ................................................................. 38
RELEASE FORMS ....................................................................................................................... 39
PART III: ........................................................................................................................................... 48
GENERAL CONDITIONS ............................................................................................................. 48
1. DEFINITIONS. ................................................................................................................. 48
2. SCOPE OF WORK. ........................................................................................................ 49
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3. CONTROL OF WORK AND MATERIAL. ....................................................................... 51
4. CHANGES IN WORK ...................................................................................................... 55
5. TRENCHING AND UTILITIES ........................................................................................ 63
6. PROJECT FACILITIES ................................................................................................... 64
7. PROSECUTION AND PROGRESS OF THE WORK ..................................................... 65
8. CONTRACTOR RESPONSIBILITIES............................................................................. 68
9. MEASUREMENT AND PAYMENT ................................................................................. 78
10. PROJECT ACCEPTANCE AND CLOSEOUT ................................................................ 81
11. REMEDIES AND DISPUTES .......................................................................................... 83
PART IV: SPECIAL CONDITIONS .................................................................................................. 89
HOURS OF OPERATION ............................................................................................................ 89
VOLUME 2: BID FORMS ................................................................................................................... 91
BIDDER'S INSTRUCTIONS ......................................................................................................... 92
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BID LABEL .............................................................I..................Y..................................................... 92
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PROPOSAL TO THE CITY COUNCIL ......................................................................................... 93
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BID SCHEDULE ......................................R..................C................................................................... 95
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DESIGNATION OF SUBCONTRACTORS .................................................................................. 97
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STATEMENTS AND QUESTION NAIRE .....C................................................................................. 99
EQUAL EMPLOYMENT OPPTORTUNITYA CERTIFICATION ..................................................... 100
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NON-COLLUSION AFFIDAVIT .................................................................................................. 101
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DEBARMENT AND SUSPENSIOON CERTIFICATION ............................................................... 102
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NON-LOBBYING CERTIFICATION ........................................................................................... 103
DISCLOSURE OF LOBBYING ACTIVITIES .............................................................................. 104
BIDDER'S BOND ........................................................................................................................ 107
EXPERIENCE AND FINANCIAL QUALIFICATIONS QUESTIONNAIRE ................................. 109
PROJECT ADDENDA ................................................................................................................ 111
QUESTIONNAIRE ON PERSONNEL PRACTICES FOR CONTRACTORS ............................ 112
(FORM 1094) .............................................................................................................................. 112
VOLUME 3: TECHNICAL SPECIFICATIONS ................................................................................. 115
SECTION 01 22 00 - MEASUREMENT AND PAYMENT .......................................................... 116
VOLUME 4: PROJECT PLANS ........................................................................................................ 117
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VOLUME 1: CONTRACT DOCUMENTS
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PART I: INTRODUCTORY PAGES
NOTICE OF INVITING BIDS
1. Invitation. The City of Union City, California ("City") hereby gives notice inviting bids for the
City Hall - Data Center Battery Back Up & AC Repairs ("Project"), City Project No. 23-26,
in accordance with California Public Contract Code Section 20164, all applicable laws and
regulations, and the following sections of this Notice Inviting Bids.
2. Scope of Work. The project consists of the removal and replacement of existing
Uninterruptible Power Supply (UPS) system and air conditioning units for the City Hall & Police
Department Data Center. The estimated construction cost is $410,000.
3. Bid Package and Addendum. All work shall be done in accordance with the bid package on
file with the Public Works Department - City of Union City, 34009 Alvarado-Niles Road, Union
City, California 94587. Bid package may be viewed via link below:
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https://www.unionIcity.org/BidYs.aspx
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All prospective bidders must be listed on the plan hoIlder's list to be eligible to bid the project.
To obtain the official bid documentsR and be plaCced on the project's Planholder List, email
Public Works at publicworks@unioOncity.org.
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The bid package is also avai lable for vieCwing at the various Builders Exchanges throughout
the Bay Area. It shall be tThe bidder'sA responsibility to check the City's website from time to
time to ascertain if anyO addenda hTave been posted, and it will be the responsibility of the
bidder to acquire anNd acknowle N dge receipt of the addenda with their bid.
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4. Project Questions. QueCstions concerning the project must be submitted to Saul Flores by e-
mail at Saul.flores@cumming-group.com (cc: saulf@unioncityca.gov ) at least five (5) working
days prior to the time specified for the bid opening. Where appropriate, the City may respond
to such questions through procedures outlined in the Instructions to Bidders.
5. Bid Delivery Location. All bids for the project must be delivered by mail or in person to City
Hall, Office of the City Clerk, City of Union City, 34009 Alvarado-Niles Road, Union City,
California 94587
6. Bid Opening. All bids must be received on or before 2:00 PM, Tuesday, May 5, 2026 to be
considered responsive to the Notice Inviting Bids. Bids will be opened and read publicly at the
above time and date. The time and date for the submission of bids shall be extended no less
than seventy-two (72) hours if the City issues a material change, addition, or deletion to the
bid package by addendum less than seventy-two (72) hours prior to bid opening. Bids that
are submitted late according to the official time kept by the City Clerk, or a designee, including
any time extension granted due to a material change, addition, or deletion to the bid package,
will be returned unopened. Bids must be made on the bid forms included in the bid package.
Bids submitted by facsimile or other electronic means will not be accepted. Bids that are
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incomplete or otherwise do not conform to the procedures set forth in the bid package may be
deemed non-responsive.
7. Sealed Bid and Bidder's Security. In accordance with California Public Contract Code
Sections 20170, all bids must be presented under sealed cover and include one of the
following forms of bidder's security: cash; cashier's check made payable to the City; certified
check made payable to the City; or a bidder's bond executed by an admitted surety insurer
and made payable to the City. In accordance with California Public Contract Code Section
20171, the amount of bidder's security provided must equal at least ten percent (10%) of the
total of the bid price for the base bid and the additive or deductive items listed in this notice.
The successful bidder must submit to the City complete, executed copies of all documents, as
specified by the Contract Check List included with the Bid Package, within ten (10) working
days of receiving written Notice of Award of the Project. Any successful bidder that fails to
properly submit all documents as specified by the Contract Check List, in the manner stated
above and in accordance with the Instructions to Bidders, shall forfeit their bidder's security to
the City.
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8. Contractor's License Required. In accordance with California Public Contract Code Section
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3300 a combination of Class C-10 and C20, or Class B Contractor's License issued by the
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Contractors State License Board of California is required to bid on the Project. The license
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must remain in good standing throughout the project term. California Business and
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Professions Code Section 7028.15
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makes it a misdemeanor to submit a bid to the City in order
to engage in the business or a
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ct in the caTpacity of a contractor without having a California
contractor's license. Any b id submitteCd by an unlicensed contractor shall be considered
nonresponsive. CalifornTia BusinesAs and Professions Code Section 7030.5 requires all
licensed bidders to incOlude their lTicense number on all construction contracts, subcontracts
and calls for bid. NHowever, iNn accordance with California Public Contract Code Section
20103.5, if the Project involOves federal funds, no bid submitted shall be invalidated by the
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failure of the bidder to hold a California contractor's license, so long as the bidder is properly
licensed by the Contractors State License Board of California at the time the contract is
awarded. Failure of the bidder to obtain proper and adequate licensing for an award of a
contract in accordance with California Public Contract Code Section 20103.5 constitutes a
failure to execute the contract and shall result in the forfeiture of the security of the bidder.
9. Ineligibility for Public Works Projects. In accordance with California Public Contract Code
Section 6109, contractors and subcontractors who are ineligible to bid, work on, or be
awarded, a public works projects pursuant to California Labor Code Sections 1777.1 or 1777.7
may neither bid on, be awarded, or perform work as a Project subcontractor.
10. Substitution of "Or Equal" Items. In accordance with California Public Contract Code
Section 3400 (b-c), bidders may propose equals of a designated material, product, item, or
service by specific brand or trade name that is listed in the Project Plans and Technical
Specifications, unless the Project Plans and Technical Specifications specify that the product,
item, or service by specific brand or trade name is designated as necessary by the City.
Complete information for products proposed as equals must be submitted for review at least
seven (7) working days before the time specified for bid opening in the Notice Inviting Bids, by
mail or in person, to the Public Works Department - City of Union City, 34009 Alvarado-Niles
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Road, Union City, California 94587. To be considered, an Equal Product Proposal must
include sufficient information to permit the Public Works Director, or his/her designate, to
determine whether the proposed equals will satisfy the same performance requirements as
the designated material, product, item, or service by specific brand or trade name that is listed
in the Project Plans and Technical Specifications. Relevant performance requirements may
include, but are not limited to, size, strength, function, appearance, quality, reputation and
preference among industry professionals, ease of maintenance and repair, and useful life
requirements. Equal Product Proposals that are submitted less than seven (7) days before
the time specified for opening bids will not be considered. Failure to bid a designated material,
product, item, or service by specific brand or trade name when the Project Plans and Technical
Specifications specify it is necessary to match others in use by the City may render a bid non-
responsive. Any Equal Product Proposal that has not been submitted by the bidder in
accordance with the provisions of this section may render that bidder's bid non-responsive.
11. Bid Award, Rejection or Waiver. In accordance with California Public Contract Code Section
20166, the City reserves the right to, in its discretion, reject any bids presented and re-
advertise the Project or accept any one of two or more bids that are the same and the lowest.
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To the extent permitted by applicable laws and regulations, the City reserves the right to waive
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any bid irregularities. In accordance with California Public Contract Code Section 20162 and
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other applicable laws and regulations, if the City elects to award a contract for performance of
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the Project, the contract will be awarded to the responsible bidder submitting a responsive bid
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with the lowest total bid price for t
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he base bid . All bids will remain valid for ninety (90) days
after bid opening. Except as pe
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forfeiture of bidder's security , bidders mCay not withdraw their bid during the ninety (90) day
period after the bid openinTg. A
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12. Contractor's DutieNs. The ConNtractor selected by the City shall furnish all tools, equipment,
apparatus, facilities, servicesO, labor, materials and skill necessary to perform and complete in
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a good and workmanlike manner the construction of the Project, as shown in the contract
documents and in accordance with all applicable laws and regulations. The Contractor shall
complete the Project within the specified number of days following the project commencement
date, as specified in the Notice to Proceed that will be issued by the City.
13. Security Deposit In Lieu of Retention. In accordance with California Public Contract Code
Section 22300, except where prohibited by federal law or regulations, the successful bidder
may, by request and at their own expense, substitute securities in lieu of the amount withheld
by the City to ensure performance in accordance with the Contract Documents. Such
securities will also be subject to the terms of the Escrow Agreement for Security Deposits in
Lieu of Retention contained in Volume 1 of the bid package. Alternatively, the successful
bidder, by request and at their own expense, may have the City make payment of retentions
earned directly to an escrow agent pursuant to an escrow agreement approval by the City.
14. Prevailing Wage Requirement. The work contemplated by this contract is a public work
subject to prevailing wages under California Labor Code Section 1770 et. seq. The successful
bidder will be required to pay not less than the greater of the prevailing rate of per diem wages
as determined by the California Department of Industrial Relations or Federal Minimum Wage
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Rates as determined by the United States Secretary of Labor in effect on the date the work is
performed.
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates, including the
per diem wages applicable to the work, and for holiday and overtime work, including employer
payments for health and welfare, pension, vacation, and similar purposes, in the County of
Alameda in which the work is to be done, have been determined by the Director of the
Department of Industrial Relations, State of California. These wages are set forth in the
General Prevailing Wage Rates for this project, available from the California Department of
Industrial Relations' web site at https://www.dir.ca.gov/dlse. Future effective prevailing wage
rates which have been predetermined and are on file with the California Department of
Industrial Relations, are referenced but not printed in the general prevailing wage rates.
The Federal minimum wage rate requirements, as predetermined by the Secretary of Labor,
are set forth in the specifications issued for bidding purposes, referred to herein as Project Bid
Documents (Special Federal Provisions), and in copies of the specifications which may be
examined at the office described above where the project plans, special provisions, and
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proposal forms may be seen. Addenda to modify the minimum wage rates, if necessary, will
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be uploaded to the City's website and issued to Project Bid Document plan holders of record.
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INSTRUCTIONS TO BIDDERS
1. DEFINITIONS
1.1. Addenda or Addendum. As used in the Instructions to Bidders, any document, signed by an
authorized representative of the City, reflecting an interpretation, correction, or change
regarding the bid package prior to bid opening. Depending on the context, each addendum
shall constitute a part of the bid package as one of the Contract Documents, Bid Forms,
and/or Project Plans and Technical Specifications.
1.2. Agreement. As used in the Instructions to Bidders, the proposed contract between the City
and bidder concerning the Project, as evidenced by and comprised of all of the Contract
Documents.
1.3. Bid Forms. The forms contained in Volume 2 of the bid package.
1.4. Bid Package. A complete collection of the following documents:
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1.4.1. Volume 1 - Introductory Pages, General Conditions, Special Conditions, Technical
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Specifications.
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1.4.2. Volume 2 - Bid Forms. O
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1.4.3. Volume 3 - Technica l SpecificatCions
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1.4.4. Volume 4 - PlaOns, Details aTnd/or Location Exhibits
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1.4.5. Any addenda to the bid package, if applicable.
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1.5. Contract Documents. Depending on the context, this either refers to all of the documents in
Volume 1 of the bid package, the definition of the term "Contract Documents" as specified
by the Agreement, and/or any addenda, if applicable.
1.6. Project. City Hall - Data Center Battery Back Up & AC Repairs ("Project"), City Project
No. 23-26, as described in the bid package.
1.7. Project contract. All of the Contract Documents combined.
1.8. Technical Specifications. The Technical Specifications are a document or set of documents
indicating the detailed Project requirements contained in Volume 3.
1.9. Project Plans. The Project Plans are a document or set of documents indicating primarily
graphic detailed requirements concerning the Project, contained in Volume 4 of the bid
package along with any addenda, if applicable.
1.10. State of California, Department of Transportation, Standard Specifications and
Standard Plans dated 2018. These documents are part of the project specifications and
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specifications. In case of a conflict or inconsistency between the two sets of documents, the
Project Plans and Technical Specifications noted above per Section 1.8 will take
precedence.
2. BIDDER'S REPRESENTATIONS
2.1 Each bidder, by submitting a bid, represents that all of the following is true:
2.1.1 The bidder has read and understands the bid package and the submitted bid is in
accordance with all of the requirements of the bid package and applicable laws and
regulations.
2.1.2 In accordance with California Labor Code Sections 1777.1 or 1777.7, neither the bidder,
nor any proposed subcontractor included on the List of Subcontractors form to be
submitted with the sealed bid, are ineligible to perform work on public works projects.
2.1.3 The bidder understands that quantities of unit price items may vary from the estimates
provided in the Project Plans and Technical Specifications.
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2.1.4 Representatives of the bidder have visited the project site and have familiarized
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themselves with the conditions under which the project work is to be performed so as
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to ensure that the project work may be performed for the amount bid.
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2.1.5 The bidder has a valid
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2.1.6 The bidder hasO submittedT bonds insured by a surety company admitted to operate in
the State ofN California. N
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3. PRE-BID COMMUNICATION AND INTERPRETATION OF THE BID PACKAGE
3.1 Any bidder that discovers any apparent conflicts, errors, or ambiguities in the bid package or
between the contents of the bid package and the project site, and any bidder that has
questions or requires clarification concerning the bid package or its intent, must inform the
City in writing as soon as reasonably possible, but no later than five (5) working days before
the date specified for bid opening. Such notice to the City must be sent to the fax number
specified in the Notice Inviting Bids for questions concerning the Project, based on the bid
package. Such notice to the City, if received less than five (5) working days before the time
specified for opening bids, may not be answered.
3.2 All interpretations, corrections or changes regarding the bid package prior to bid opening shall
be made with an Addendum, written and signed by an authorized representative of the City
and transmitted to all bid package recipients by e-mail or in person. No other interpretations,
corrections, or changes regarding the bid package, issued prior to the date specified in the
Notice Inviting Bids for the opening of bids, will be binding. All Addenda issued by the City
prior to the time and date specified for opening bids will form a part of the bid package and
must be acknowledged as such by the bidder. Any party that receives a bid package after
an Addendum has been transmitted to bid package recipients by mail shall instead receive
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