BUILDING: Emergency Interim Housing at VTA Cerone Bus YardPW 10316 RFBClosing Date: 12/05/2024 11:00:00 AM PTDetail:Public Works Department CIP Procurement(408) 535-8300 /PW_Procurement@sanjoseca.govNOTICE TO CONTRACTORSNOTICE IS HEREBY GIVEN that the City of San José (“City”) seeks sealed bid proposals in accordance with the following.Project Name: 10316 - BUILDING: Emergency Interim Housing at VTA Cerone Bus Yard(“Project”)Description of Work: The Project generally involves construction of a new Emergency Interim Housing facility at the Valley Transportation Authority’s (VTA) Cerone Bus Yard.Engineer’s Estimate: $19,000,000.00PRE-QUALIFICATION TO BID The City has conducted a process to identify firms that are qualified to perform the required work on the Project. This pre-qualification process resulted in the selection of firms that will be eligible to bid. The firms are:***GENERALCONTRACTORS***E.F. Brett and Company, Inc. Rodan Builders, Inc. 1435 Technology Lane, SuiteB1 3486 Investment Boulevard, SuiteBPetaluma, CA94954 Hayward, CA94545415-524-8351650-508-1700S.J. Amoroso Construction Co., LLC Swinerton Builders 390 BridgeParkway 2880 Lakeside Drive, Suite300Redwood City, CA94065 Santa Clara, CA95054650-654-1900408-318-1377W.E. Lyons Construction Co. 1301 Ygnacio Valley Road, Suite 200 Walnut Creek, CA 94598925-658-1600The City will reject any bid received from a firm other than those listedabove.FILING OF BIDS All proposals must be delivered to the City via Biddingo (www.biddingo.com/sanjose), on or before 11:00 a.m. onThursday, October 31, 2024. Bidders are responsible for ensuring that their bid is submitted prior to the deadline specified above. To download documents and start your submission go to Bid Documents / Online Submission. For technical support, please contact Biddingo directly at 1-416- 756-0955 or 1-800-208-1290 or via email atebidding@biddingo.com.A representative of the Director of Public Works will publicly open and declare the aggregate bid of each bidder, using the Zoom virtual meeting platform, shortly after the filing deadline. Interested parties can access the virtual bid opening by visitinghttps://www.sanjoseca.gov/CIPBids.OBTAINING PROCUREMENT DOCUMENTS The City is using Biddingo, an online bid solicitation website, to facilitate this procurement. This procurement is registered on Biddingo (https://www.biddingo.com/sanjose) under the bid number and bid name above and has the following commodity code classifications(s):100102 – Architectural Services – Building 100107 - Architectural Services - Other 017500 – Concrete100301 - Construction- Backfill. Digging, Ditching, Grading, Rock Stabilization, Etc. 100317 – Construction – Building100304 - Construction - Curb, Gutter, Sidewalk (Includes Driveway) 100313 – Construction – Utilities100501 - Demolition Services 100601 - Design Build Services 025000 - Electrical Services 101101 - Excavation Services 028000 - Fencing043400 –Landscaping047500 –Metals055000 -Painting061000 –Plumbing071500 – Sewer and StormDrainAll documents and information related to this procurement, including the Project plans and specifications, are on the Biddingo website under the bid number and bid name above. Once registered, bidders can view and download information regarding this procurement, including the bid and contract documents, as well as submit questions related to the bid and contract documents.Once a bidder views or downloads documents for this bid, the bidder becomes a “document taker.” Biddingo will send “document takers” a notification every time the City posts an addendum, responds to a question and/or provides new information related to this procurement. Each bidder is responsible for selecting the appropriate notification options related to its Biddingo account. Following review by the City, proposals will be uploaded to Biddingo.BIDDER’S RESPONSIBILITY TO CHECK FOR UPDATES Bidders must periodically check Biddingo to make sure the bidder has the most recent information about this procurement.REQUESTS FOR INFORMATION Bidders must submit questions or requests for information concerning any part of this bid in writing to the City via Biddingo. The City will not respond to any communication or question submitted directly to City staff or City consultants. Submit questions via Biddingo no later than Thursday,October 24, 2024 at 11:00 am.All bidders are expected to have read and understand the "Procurement and Contract Process Integrity and Conflict of Interest," Section 7 of the Consolidated Open Government and Ethics Provisions adoptedonApril9,2024,acompletecopyofwhichcanbefoundathttps://records.sanjoseca.gov/Resolutions/RES2024-99.pdf.Any bidder who violates this policy will be subject to disqualification. The grounds for disqualification include contact regarding this procurement with any City official or employee or evaluation team member other than the Procurement Contact or Purchasing Officer from the time of issuance of this solicitation until the end of the protest period.RELIANCE UPON INFORMATION Bidders can only rely on information obtained through Biddingo. Bidders can not rely on any other written or oral statements of the City or its officers, directors, employees or agents regarding this procurement. In the event a bidder obtains information about this procurement through any means other than Biddingo, the City will not be responsible for the completeness, accuracy or timeliness of the final bid proposal.CONTRACTOR'S LICENSE REQUIREMENTS All prospective bidders are hereby cautioned that the Contractor’s State License Law regulates contractor licensing matters. The Contractor, in its bid proposal, shall be required to disclose its license type, number, and expiration date.Bidders must have a valid California contractor’s license, classificationA or B, to bid thisproject.CONTRACTOR DIR REGISTRATION REQUIREMENTS Bidder and all designated subcontractors must be registered with the Department of Industrial Relations in accordance with California Labor Code Sections 1725.5 and 1771.1. The City will not accept a bid in which the bidder or any of the designated subcontractors are not registered in accordance with Sections 1725.5 and 1771.1.See Section 2-1.17 of the Special Provisions for the “registration” requirements applicable to thecontract.PREVAILING WAGES (Municipal Affair) This project is a “public works” as defined in Sections 1720 through 1720.6 of the California Labor Code. In accordance with Chapter 14.09 of the San Jose Municipal Code entitled “Prevailing Wage Requirements for City Contracts Involving Public Works,” the contractor will be required to comply with the prevailing wage provisions in California Labor Code Sections 1720 through 1861, and the City’s Office of Equality Assurance is authorized to provide certain local enforcement of those provisions. As such, the contractor will need to pay not less than the general prevailing rate of per diem wages and the general prevailing rates for holiday and overtime work.See Section 7-1.01a(3) of the Special Provisions for the prevailing wage requirements applicable to the contract. Copies of the prevailing rate of per diem wages and the general prevailing wage rates for holiday and overtime work in effect for this project are on file and available for your review from the City’s Office of Equality Assurance at 408-535-8430.WAGE THEFT Bidders are expected to have read and understand the “Wage Theft Prevention Policy” adopted on April 11, 2023. A complete copy of Resolution No. RES 2023-96 can be found athttps://www.sanjoseca.gov/home/showpublisheddocument/96686/638176810489930000.Any Bidder in violation of the City’s “Wage Theft Prevention Policy” will bedisqualified.PROJECT LABOR AGREEMENT This project is subject to the Project Labor Agreement (“PLA”) entered between the City of San José and the Santa Clara and San Benito Counties Building & Construction Trades Council, as may be amended from time to time. The awarded Bidder will be required to agree to the terms of the agreement by signing Addendum A – Agreement to be Bound, of the PLA agreement, and submit at the time the contract isexecuted.See Attachment 6 for a copy of the PLA including AddendumA.NONDISCRIMINATION/NONPREFERENTIAL TREATMENT The Nondiscrimination/Nonpreferential Treatment requirements of Chapter 4.08 of the San Jose Municipal Code apply to this project.BID SECURITY Each bid must be accompanied by an electronic pdf copy of a bidder's bond in the sum of not less than 10% of the total aggregate amount of the bid. Bonds must be issued by a surety that is an “admitted surety insurer” in the State of California and must name the City of San José as beneficiary. Bonds must be accompanied by an electronic pdf copy of the surety’s power of attorney and a notary acknowledgement for the surety’s signature. Bidders must retain the original wet-signed bidder’s bond and provide it to the City upon request.IN-USE OFF-ROAD DIESEL-FUELED VEHICLES REQUIREMENTS This project is subject to the California Air Resources Board (CARB) In-Use Off-Road Diesel-Fueled Fleets requirements found in California Code of Regulations, Title 13, Div. 3, Ch. 9, Art. 4.8, Sec. 2449 (“CARB Regulations”). Bidders must submit valid Certificate(s) of Reported Compliance for itself and all designated subcontractor(s) that are using fleet(s) subject to the CARB Regulations in performance of thiscontract.Certificates of Reported Compliance are obtained through CARB’s Diesel Off-Road Online Reporting System (DOORS). For technical support, please contact CARB directly at 1-877-593-6677 or via email atdoors@arb.ca.gov.BOND REQUIREMENTS Bidder’s attention is directed to those provisions of the Specifications which require the contractor to whom the contract for the work is awarded, to file with the City Clerk at the time the contract is executed, a Contractor’s Payment Bond and a Bond for Faithful Performance meeting all the requirements of the Specifications and approved by the City Attorney of the City of San José. Bonds must be issued by a surety that is an “admitted surety insurer” in the State of California possessing a power of attorney and shall name the City of San José as beneficiary. The Contractor’s Faithful Performance Bond shall be for 100% of the contract amount. The Contractor’s Payment Bond shall be for 100% of the contract amount.DEPOSIT OF SECURITIES IN LIEU OF RETENTION Pursuant to the terms and conditions set forth in Public Contracts Code Section 22300, the contractor may substitute certain securities for any money withheld by City as retention to ensure contractor’s performance under the contract. Such substitution of securities in lieu of retention shall be at the contractor’s request and at contractor’s sole expense. The securities shall be in an amount equivalent to the retention to be released.DESIGNATION OF APPROVED MATERIAL OR PRODUCT In accordance with San Jose Municipal Code Section 27.20.100, the Director of Public Works has authorized the designation of certain materials and/or products as part of this project. Exhibit 1 “Determination to Exempt the ‘Or Equal’ Requirements for the Modular Buildings (Sleeping Cabins and Ancillary Buildings) – Emergency Interim Housing at VTA Cerone Bus Yard Project” identifies those materials and/or products along with the listing of contacts for each of those materials and/or products. Accordingly, Bidders must prepare their respective bids based on the “designation” of item(s) listed in Exhibit 1.