NOTICE OF INVITING BIDS
1. Invitation. The City of Union City, California (“City”) hereby gives notice inviting bids for the City Hall & Police Department Data Center Battery Back Up and 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:
https://www.unioncity.org/Bids.aspx
All prospective bidders must be listed on the plan holder’s list to be eligible to bid the project.
To obtain the official bid documents and be placed on the project’s Planholder List, email Public Works at [email protected].
The bid package is also available for viewing at the various Builders Exchanges throughout the Bay Area. It shall be the bidder’s responsibility to check the City’s website from time to time to ascertain if any addenda have been posted, and it will be the responsibility of the bidder to acquire and acknowledge receipt of the addenda with their bid.
4. Project Questions. Questions concerning the project must be submitted to Saul Flores by email at [email protected] (cc: [email protected] ) 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 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.
8. Contractor’s License Required. In accordance with California Public Contract Code Section 3300 a combination of Class C-10 and C20, or Class B Contractor’s License issued by the Contractors State License Board of California is required to bid on the Project. The license must remain in good standing throughout the project term. California Business and Professions Code Section 7028.15 makes it a misdemeanor to submit a bid to the City in order to engage in the business or act in the capacity of a contractor without having a California contractor’s license. Any bid submitted by an unlicensed contractor shall be considered nonresponsive. California Business and Professions Code Section 7030.5 requires all licensed bidders to include their license number on all construction contracts, subcontracts and calls for bid. However, in accordance with California Public Contract Code Section 20103.5, if the Project involves federal funds, no bid submitted shall be invalidated by the 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 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 nonresponsive. 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 readvertise the Project or accept any one of two or more bids that are the same and the lowest.
To the extent permitted by applicable laws and regulations, the City reserves the right to waive any bid irregularities. In accordance with California Public Contract Code Section 20162 and other applicable laws and regulations, if the City elects to award a contract for performance of the Project, the contract will be awarded to the responsible bidder submitting a responsive bid with the lowest total bid price for the base bid. All bids will remain valid for ninety (90) days after bid opening. Except as permitted by law and subject to all applicable remedies, including forfeiture of bidder’s security, bidders may not withdraw their bid during the ninety (90) day period after the bid opening.
12. Contractor’s Duties. The Contractor selected by the City shall furnish all tools, equipment, apparatus, facilities, services, labor, materials and skill necessary to perform and complete in 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 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 proposal forms may be seen. Addenda to modify the minimum wage rates, if necessary, will be uploaded to the City’s website and issued to Project Bid Document plan holders of record.