Alyce_Norman_Park_-_Backstop_Replacement_Project.pdf

INVITATION TO BID

25-027-ITB

ALYCE NORMAN PARK - BACKSTOP REPLACEMENT PROJECT

City of West Sacramento

1110 W Capitol Ave

West Sacramento, CA 95691

RELEASE DATE: April 18, 2025

DEADLINE FOR QUESTIONS: May 1, 2025

RESPONSE DEADLINE: May 6, 2025, 3:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/cityofwestsacramento https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of West Sacramento

INVITATION TO BID

Alyce Norman Park - Backstop Replacement Project

I. Introduction II. Project Details

III. Terms and Conditions IV. Bid Submittal V. Cost Table

VI. Contract Award

Attachments:

A - Construction Bid Packet (MASTER TEMPLATE 08.2023)-Backstop

B - Insurance Checklist

Invitation to Bid #25-027-ITB Title: Alyce Norman Park - Backstop Replacement Project

1. Introduction

1.1. Summary

The City of West Sacramento is accepting sealed responses for Alyce Norman Park - Backstop

Replacement Project to be received no later than Tuesday, May 6, 2025 at 3:00 pm.

The bid specifications, including instructions on how to bid, standards for a responsive bid, and project specifications, are attached hereto in Attachments and incorporated herein by reference as if set forth in full

1.2. Background

West Sacramento is a vibrant riverfront community centrally located in Northern California. West

Sacramento shares the Sacramento River with neighboring Sacramento, with the deep water ship canal serving the Port of Sacramento. Incorporated in 1987, West Sacramento encompasses approximately 22 square miles, with a population just over 55,000.

Alyce Norman-Bryte Playfields, located at 725 Todhunter Avenue in West Sacramento, California, is a 17-acre park that serves as a central hub for local youth sports and community activities. The park features four softball fields, three Little League diamonds, a tot lot, restrooms, play structures, picnic areas, a snack bar, and football facilities.

In February 2024, the Sacramento River Cats and Sutter Health collaborated with the City of West

Sacramento to renovate the softball backstop on field No. 4 at Alyce Norman Park, enhancing the safety and longevity of the field for youth softball programs.

The park continues to be a vital community asset, hosting various events and programs that promote youth engagement and athletic development.

1.3. Contact Information

Inambao Lifanu

Project Manager II

1110 West Capitol Avenue

2nd Floor - Construction Management & Facilities Development

West Sacramento, CA 95691

Email: inambaol@cityofwestsacramento.org

Phone: (916) 617-4803

Department:

Capital Projects - Construction

1.4. Timeline

Release Project Date April 18, 2025 https://secure.procurenow.com/portal/cityofwestsacramento/projects/158134/document?section=undefined mailto:inambaol@cityofwestsacramento.org tel:(916)617-4803

BID WALK - MANDATORY (Mandatory) April 29, 2025, 11:00am

Alyce Norman Park, 1225 Carrie St. West

Sacramento CA 95605

Question Submission Deadline May 1, 2025, 3:00pm

Question Response Deadline May 2, 2025, 3:00am

Proposal Submission Deadline May 6, 2025, 3:00pm

Contractor Selection Date June 18, 2025

2. Project Details

2.1. Important Instructions for Electronic Submittal

The City of West Sacramento is only accepting electronic bid submissions and only through its online bidding platform, OpenGov. Bidders shall create a FREE account by signing up at OpenGov.com. Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic bid.

The bid specifications, including instructions on how to bid, standards for a responsive bid, and project specifications, are attached hereto in Attachments and incorporated herein by reference as if set forth in full

2.2. Project Scope

The scope of work outlined below will detail the work specific to this exact project.

Three(3) field locations with the same modifications.

• Remove 40 LF of 20’ tall chain link backstop with wood planks;

• Remove 3 posts, cut at ground level and fill with grout/cement;

Set (4) new 4” round schedule 40 black powder coated posts;

Install 40 LF of 20’ tall chain link back stop powder coated black with 3 rows of 2”x12” pressure treated wood planks.

• All work to be performed by contractor. No sub-contracting of any services.

• Current back stop chain link is in two sections, 10’ and 8’. The bottom section of chain link will be replaced with 10’ fabric instead of 9’.

• The existing 4 rows of 2”x12” wood planks will be removed for post work and reinstalled with 3 rows in place of the existing 4, to provide better viewing.

• The fittings and rails are to be quoted as new. No painting of the new backstop wood planks is required. The City acknowledges that the new fencing will not match the existing, as the black coating has weathered away on some of the other posts/framing.

** Contractor is responsible for City Permit application, coordinating and finals. The City will cover the cost of the permit fees.

NOTE:

A. The project is anticipated to start in the month of July 2025.

B. All quotes are to be submitted before June 30th, 2025 to be considered. Please direct all quotes, any related questions, or site visit needs to the Project Manager.

C. All questions or concerns must be submitted through email, with no phone calls or unscheduled visits accepted.

https://secure.procurenow.com/portal/cityofwestsacramento/projects/158134/document?section=undefined

D. The contractor must provide all necessary equipment and materials to fulfill this project within the project duration.

3. Terms and Conditions

3.1. Prevailing Wages

A. Contractor Registration. Pursuant to Labor Code section 1725.5, no contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the DIR pursuant to Labor Code section 1725.5. The work contemplated by this

ITB is subject to compliance monitoring and enforcement by the DIR.

B. Prevailing Wages. Proposers are hereby notified that the DIR has determined the general prevailing rate of wages for each craft, classification, or type of worker needed to execute the work. Copies of the current schedules for California prevailing wages are located in the City’s office, and the contents of those schedules are included herein as if set forth in full. Licensure and Special Certification.

3.2. Statement of Offer

Submission of a proposal is an offer to complete the Scope of Work. The offer, including the Cost

Proposal rates and budget, must remain valid for at least ninety (90) business days after the Proposal due date.

3.3. Project Management Documentation & Administration

Virtual Project Manager (VPM)

The City anticipates using an online cloud-based project management system to manage, assign, and coordinate specific tasks with the City's selected Contractor within the Scope of Work. By way of this section, the City reserves the right to utilize an online cloud-based project management system. By submitting a bid, bidder acknowledges and agrees that they are prepared to use the system, as may be required by the City. The City's specific system is Virtual Project Manager (VPM). VPM allows for paperless documentation and project administration. For more information on VPM, go to www.virtual-pm.com

A. Submittal Procedures and Construction Progress Documentation for requirements for administering and using VPM.

1. The Contractor shall submit the items associated with this section via Virtual Project

Manager (VPM), an online cloud-based project management system, as specified below.

2. Virtual Project Manager (VPM) allows for paperless documentation and project administration. All posted information is available to all personnel involved with the project at any time using the internet.

3. The use of VPM by the Contractor is mandatory. Access to VPM will be provided at no cost to the contractor.

4. In order to utilize VPM, the contractor needs a computer, internet access, a digital camera, and a scanner. For more information, go to www.virtual-pm.com. To Login, from the homepage, select LOGIN and enter the Username and Password that will be provided to you by the agency.

B. The contractor shall use the following features:

1. Daily Logs: Contractor’s daily reports shall be entered electronically via VPM.

2. Change Order Manager: Contractor requests for change order shall be submitted electronically via VPM.

3. Transmittals: Schedules, Pay applications, etc. shall be submitted electronically via VPM.

4. Submittals: Submittals requiring approval shall be submitted electronically via VPM.

5. RFIs: Requests for information (RFIs) shall be submitted electronically via VPM.

C. Technical Submittals

1. Submittal Procedure

a. The Contractor shall utilize the agency’s online cloud-based project management system

(Virtual Project Manager) for submittals.

3.4. Questions and/or Objections

It is to the City and Proposer's benefit that questions and objections are brought to the City's attention so it may issue necessary amendments to the ITB and help prevent the opening of defective proposals upon which the City could not award a Contract. Proposer should carefully review this ITB and all attachments for comments, questions, defects, objections, or any other matter requiring clarification or correction (collectively, “Questions”).

A Proposer may submit Questions related to this RFP to the City through the City’s e-Procurement Portal at or before:

Thursday, May 1, 2025 at 3:00 pm.

Questions shall be considered waived and invalid if not brought to the attention of the City in conformity with this subsection. Questions not submitted through the City's e-Procurement Portal will not be accepted or responded to. Questions submitted after the deadline will not be accepted or responded to. Questions and answers will be posted on the City's e-Procurement Portal and visible to all.

3.5. Amendment and Cancellation

The City reserves the right to amend, cancel, or reissue this bid at any time and at its sole discretion. Any amendment shall be in writing and posted to the City's e-Procurement portal. A potential Proposer is solely responsible for clicking "Follow" on the main page to receive notifications and shall be solely responsible for complying with such notifications.

https://secure.procurenow.com/portal/CityofWestSacramento

3.6. Right of Rejection

A. The City reserves the right, at its sole discretion, to reject any and all Proposals, no matter their level of responsiveness, or to cancel this ITB in its entirety.

B. A Proposer must comply with all of the terms and instruction of this ITB, and all applicable state and local laws and regulations. Any Proposal that does not meet the requirements of this ITB may be considered to be nonresponsive and rejected.

C. A Proposer may not restrict the rights of the City or otherwise qualify a Proposal. If a Proposer does so, the City may determine the Proposal is a nonresponsive counteroffer, and the Proposal may be rejected.

D. The City reserves the right, at its sole discretion, to waive variances in a Proposal, provided such action is in the best interest of the City. Where the City waives variances in a Proposal, such waiver does not modify the ITB requirements or excuse the Proposer from full compliance with the ITB. Notwithstanding any variance, the City may hold any Proposer to strict compliance with the ITB.

3.7. Prohibition of Respondent Terms and Conditions

A Proposer shall not submit their own contract terms and conditions in a Proposal. If a Proposal contains such terms and conditions, the City, at its sole discretion, may reject the Proposal. A Proposer may either submit Questions to gain clarification on a term of the City's standard contract or submit proposed revisions to the City's standard contract in redline as part of the Proposal Transmission Letter, both pursuant to the terms of this ITB.

3.8. Joint Ventures and Partnering

A Proposal from joint ventures or entities partnering for a specific service must be designed to minimize any administrative burden on the City as a result of the participation of multiple entities. Joint proposals must adhere to the following:

A. The Proposal shall respond to each section and subsection of this ITB.

B. The Proposal shall clearly set forth the respective responsibilities and functions that each

Principal of the joint venture or partnering entities would perform if awarded a Contract pursuant to this ITB.

C. The Proposal must include a copy of the joint venture or partnering agreement(s) that identify the Principals involved, as well as their rights and responsibilities regarding the Contract pursuant to this ITB.

D. The Proposal Transmittal Letter must be signed by each Principal of the joint venture and include all required information.

3.9. Proposal of Alternate Services

A Proposal for alternate services (i.e., proposals that offer something different from that requested by the ITB) will be considered nonresponsive and rejected.

3.10. Proposal of Additional Services

A Proposal may indicate and offer services in addition to those required by this ITB. These additional services may be added to the Contract, at the sole discretion of the City. The cost for any such additional services shall be mutually agreed upon by the Contractor and the City, and incorporated into the

Contract before execution.

3.11. Severability

If any provision of this ITB is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the City and

Proposers shall be construed and enforced as if the ITB did not contain the particular provision held to be invalid.

3.12. Licensure and Special Certification

Before executing the Contract pursuant to this ITB, the Contractor must hold all necessary business and professional licenses and certifications to complete the Scope of Work. The City may require any or all

Proposers to submit evidence of proper licensure and certifications.

3.13. Disclosure of Proposal Contents

All Proposals and other materials submitted to the City related to this ITB shall become the property of the City. Selection or rejection of a Proposal does not affect this right. All proposal information, including detailed price and cost information, shall be held in confidence during the evaluation and selection process. Upon the completion of the evaluation and selection process, or by rejection of all Proposals, the Proposals and shall be open for review by the public to the extent required by the California Public

Records Act, Government Code section 6254 et seq.. By submitting a Proposal, a Proposer acknowledges and accepts that the contents of the Proposal and associated documents shall become open to public inspection.

Portions of a Proposal exempt from public disclosure by law may be protected from public disclosure by the City. A Proposer is required to clearly label such portion of a Proposal "CONFIDENTIAL" and list the grounds for non-disclosure. In doing so, the Proposer thereby agrees to indemnify and defend the City from any action arising from the non-disclosure of the information. The failure to so label any information shall constitute a complete waiver of all claims for damages caused by or related to any release of the information.

3.14. Conflict of Interest and Restrictions

By submitting a Proposal, the Proposer certifies that no amount shall be paid directly or indirectly to an employee or official of the City as wages, compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the Proposer in connection with the procurement under this ITB.

3.15. Proprietary Information

A copy of each Proposal shall be retained for official files and will become public record after the award of a contract unless the Proposal, or specific parts of the Proposal, can be shown to be exempt by law.

Each Proposer may clearly label any part of a Proposal as "CONFIDENTIAL." In doing so, the Proposer thereby agrees to indemnify and defend the City for withholding the information from public inspection.

Failure to label information shall constitute a complete waiver of all claims for damages caused by or related to any release of the information.

If a public records request for appropriately-labeled information is received by the City, the City will endeavor to notify the Proposer of the request and delay access to the material until seven (7) working days after the City’s notice. Within that time delay, it will be the duty of the Proposer to act in protection of its labeled information. Failure to so act shall constitute a complete waiver.

4. Bid Submittal

4.1. Please upload a current 2024 W-9*

Please download the attached 2024 W9 form and upload a completed form.

• W-9_Form_ver._2024_-_BLANK.pdf

*Response required

4.2. Please enter Legal Company Name and related DBA*

Please state your company name and any related DBA's based on your California Secretary of State

Filing.

*Response required

4.3. Response*

Please upload your complete response here including all required forms into one (1) PDF document

*Response required

4.4. Cost Proposal using Electronic Pricing Table*

The bidder acknowledges that a Cost Proposal using an electronic pricing table must be completed via the City's e-Procurement Portal and will be kept separate from the rest of the response.

☐ Please confirm

*Response required

4.5. Statement of Offer*

Submission of a proposal is an offer to complete the Scope of Work. The offer, including the Cost

Proposal rates and budget, must remain valid for at least ninety (90) business days after the Proposal due date.

☐ Please confirm

*Response required

4.6. Bid Bond*

Bid contents, including requisite declarations and forms to be signed and included in the Bid, are included in the Attachments - Bid Docs

*Response required

4.7. California Contractors State License Board

Please enter your contractor license number for verification.

4.8. Certification regarding Debarment

The City performs a SAM.GOV verification check to confirm debarment status. Please download the attached document, complete the form, and upload.

https://government-project.s3.us-west-2.amazonaws.com/4013/4713e161-0e9b-428f-be7a-2b0ae306a414_W-9_Form_ver._2024_-_BLANK.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4PYYN7M57%2F20250418%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20250418T170743Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEPH%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEaCXVzLXdlc3QtMiJHMEUCIEKR68f9DoSnObyzMqsetRh6%2Bs3t4Y1zAw23Cxv0dmxyAiEA7UySaDh4ez0wraifm0IrkkaZN%2BPgr%2FMIPOY20jXF3zQqgwUIehACGgw4OTIzNjQ2ODc2NzIiDH1MAxMuTqUyj3BaPCrgBOQUK8FDuluOYrCGDTixcMdAHmZvNdnyTq12JzFPAtkzg65E5RIBMawMwlykluib5udYBYIclU4PzRWn2AgzceAXR5TIC9uDg%2Bg1aOKK67VzzeRBADJSllkAx8EzLAaTp6gH5N0pmOkeQ74EcSCOCXhlD96PQEUl1gX62dfDJN%2BK5xpkI%2F2zJzvzz48RPZgAboU4F2mbK01UWbwGJkL0Rc7MDQ2l0AjDbaWJW7We%2BZbJPPrAGLwH5vpfNYmSA5JTdcw%2BmQOJnLTJOQWdWVToW3RDqKtADbVQTqMfLvEeuxfkVzpxZHYLEEAG2mzZp1ZwDU%2BH%2FwLVwsnN0m9V93eDDQNJoLqZhGOjANGZILeb16KL%2Fub2YpaoMnYRdx7wVQ1CGAlZO6joGzXMo%2Bas81CxdCVsI2ai81OXu1x33bmwwLI%2FzL3xP%2BoREDcrmI8eQpSMQq%2FzvIvy276LzdqbQvb%2BaLXICMHrGAsCo75AJ1%2FfJBRE7qi1d7ayxGCCeCeg7sDEI3zGvrnyBCz%2FUiXyAtFmSWbZXFgVWuONbHJ8fOfOm3ouLLOs9OxTKqfdJsc9dd1FWyVrWz%2FNyrOlEPDxJh9rj4W5q3P4l3MgAur9f5rIXlrBoxloX1MSXBnEoH2Ft4EglIYka0DX7R5zyOc%2FUNa1fWCUmoJtVn9ZIBwPMuEnaYWabBUIEol7tM2QabKMOtvNR7NOU%2FkkR%2BjUah%2FtH5PaFrDgYfQa%2F%2ByZ6Hf7OujdzkH8bt%2BBY4fnlK%2FdGRAA5xPkGdbN7NkQ%2BHeCz7vXAS1qhKLQQChtur%2Fg3gnqowS405zaMOmIisAGOpsB4GbgFHpp0KAF%2BnmPoZX2pl3pEy%2BICXBZZ5UmkyUA%2Bs5rWlM45r%2B8dhMwc3nI0dwURh1sn2dX1W4I%2F6SahMCzSK6lfeT5wnRNACKeKhLe8LvQbDeEBGdc4QrBqLnaZF6BHv9Lizweh4C3d3%2BYFhOedIUum1s%2BXqbAM3NEBWHLzFFR8Q0Aih6TOmsflp69BqoSqGgxoOXMfe6iJU0%3D&X-Amz-Signature=14a460204b98b17ad9e75c0c7a7baca93659ff1c026aa3c4897fdf9f846eb33c&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22W-9_Form_ver._2024_-_BLANK.pdf%22&x-id=GetObject https://secure.procurenow.com/portal/cityofwestsacramento/projects/158134/document?section=1438604

A unique entity identifier is requested for contracts greater than $25,000 or funded with Federal dollars.

Your entity may register for a unique entity identifier on SAM.GOV at the following link https://sam.gov/content/entity-registration.

For all other proposers, the completed form is sufficient.

• Certification_Regarding_Deb...

4.9. City Contract *

The Proposer acknowledges and is presumed to have accepted the Contract and be capable of completing the Scope of Work, as well as all reasonably associated managerial tasks, without reservation or qualification pursuant to the Contract.

☐ Yes

☐ No

*Response required

4.10. Insurance Requirements*

The Proposer acknowledges the City's insurance requirements and endorsements as outlined in the

Insurance Checklist in Attachments. Any Proposal unable to meet the Insurance Checklist requirements shall be considered nonresponsive and ineligible for Contract award.

☐ Yes

☐ No

*Response required

4.11. Authorized Contract Signer *

Please provide the name, title and email address of the authorized contract signer.

*Response required https://government-project.s3.us-west-2.amazonaws.com/4013/7fbcd8f3-7d1e-4b79-a50c-03f71fe54e62_Certification_Regarding_Debarment_Form_COWS.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4PYYN7M57%2F20250418%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20250418T170743Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEPH%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEaCXVzLXdlc3QtMiJHMEUCIEKR68f9DoSnObyzMqsetRh6%2Bs3t4Y1zAw23Cxv0dmxyAiEA7UySaDh4ez0wraifm0IrkkaZN%2BPgr%2FMIPOY20jXF3zQqgwUIehACGgw4OTIzNjQ2ODc2NzIiDH1MAxMuTqUyj3BaPCrgBOQUK8FDuluOYrCGDTixcMdAHmZvNdnyTq12JzFPAtkzg65E5RIBMawMwlykluib5udYBYIclU4PzRWn2AgzceAXR5TIC9uDg%2Bg1aOKK67VzzeRBADJSllkAx8EzLAaTp6gH5N0pmOkeQ74EcSCOCXhlD96PQEUl1gX62dfDJN%2BK5xpkI%2F2zJzvzz48RPZgAboU4F2mbK01UWbwGJkL0Rc7MDQ2l0AjDbaWJW7We%2BZbJPPrAGLwH5vpfNYmSA5JTdcw%2BmQOJnLTJOQWdWVToW3RDqKtADbVQTqMfLvEeuxfkVzpxZHYLEEAG2mzZp1ZwDU%2BH%2FwLVwsnN0m9V93eDDQNJoLqZhGOjANGZILeb16KL%2Fub2YpaoMnYRdx7wVQ1CGAlZO6joGzXMo%2Bas81CxdCVsI2ai81OXu1x33bmwwLI%2FzL3xP%2BoREDcrmI8eQpSMQq%2FzvIvy276LzdqbQvb%2BaLXICMHrGAsCo75AJ1%2FfJBRE7qi1d7ayxGCCeCeg7sDEI3zGvrnyBCz%2FUiXyAtFmSWbZXFgVWuONbHJ8fOfOm3ouLLOs9OxTKqfdJsc9dd1FWyVrWz%2FNyrOlEPDxJh9rj4W5q3P4l3MgAur9f5rIXlrBoxloX1MSXBnEoH2Ft4EglIYka0DX7R5zyOc%2FUNa1fWCUmoJtVn9ZIBwPMuEnaYWabBUIEol7tM2QabKMOtvNR7NOU%2FkkR%2BjUah%2FtH5PaFrDgYfQa%2F%2ByZ6Hf7OujdzkH8bt%2BBY4fnlK%2FdGRAA5xPkGdbN7NkQ%2BHeCz7vXAS1qhKLQQChtur%2Fg3gnqowS405zaMOmIisAGOpsB4GbgFHpp0KAF%2BnmPoZX2pl3pEy%2BICXBZZ5UmkyUA%2Bs5rWlM45r%2B8dhMwc3nI0dwURh1sn2dX1W4I%2F6SahMCzSK6lfeT5wnRNACKeKhLe8LvQbDeEBGdc4QrBqLnaZF6BHv9Lizweh4C3d3%2BYFhOedIUum1s%2BXqbAM3NEBWHLzFFR8Q0Aih6TOmsflp69BqoSqGgxoOXMfe6iJU0%3D&X-Amz-Signature=f2637fb87dab8501041a11d05af3eda9eaabaf1fca008bd1e2d18d6b85dfc4a1&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Certification_Regarding_Debarment_Form_COWS.pdf%22&x-id=GetObject

5. Cost Table

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Remove 40 LF of 20’ tall chain link backstop with wood planks.

3 EA

2 Remove 3 posts, cut at ground level and fill with grout/cement

3 EA

3 Set (4) new 4” round schedule 40 black powder coated posts

3 EA

4 Install 40 LF of 20’ tall chain link back stop powder coated black with 3 rows of 2”x12” pressure treated wood planks.

3 EA

5 Bottom Fence Section: Fabric replacement. Remove 9ft fabric and replace with 10ft fabric

3 EA

6 Miscellaneous Fittings and Rails, screws and bolts

3 EA

7 Mobilization and de-mobilization -

Setup, storage, clearing and grubbing

1 LS

TOTAL

6. Contract Award

6.1. Opening & Award of Contract

Bids will be opened publicly and read aloud at the time and date established in the invitation to Bidders.

Bid Summaries may be made available to Bidders after the Bid Date.

The City reserves the right to accept or reject any and all Bids for a period of sixty (60) days after the date of opening, and to waive any informality or irregularity in any Bid. No Bid can be withdrawn during that period, except pursuant to Public Contract Code section 5102, et seq. 1751480.1 7203-001

The City reserves the right to reject any or all Bids, including, without limitation, the right to reject any non-conforming, non-responsive, or conditional bids.

Before a Bid is considered for award, the City may, in addition to the Experience & Qualifications form included in the Bid documents, require a Bidder to submit a statement of facts and detail as to its business, technical organization and financial resources and equipment available and to be used in performing the work. Additionally, the City may require evidence that the Bidder has performed other work of comparable magnitude and type. The City expressly reserves the right to reject any Bid if it determines that the business and technical organization, equipment, financial and other resources or other experience of the Bidder (including the bidder’s Subcontractors) is not sufficiently qualified for the work Bid upon and, therefore, justifies such rejection.

The award of the Contract, if it is awarded, will be to the lowest responsive, responsible Bidder whose

Bid complies with the requirements set forth herein.

The issuance by the City of a notice to the successful Bidder of the award of the Contract (“Notice of

Award”) shall be deemed the Award of Contract.

6.2. Bid Protests

The lack of a prompt procedure to resolve disputes regarding the bidding process would impair the

City’s ability to carry out its purpose of constructing this project in a timely manner. Therefore, to the maximum extent authorized by law and notwithstanding any other procedures specified in documents referenced herein, all disputes and/or protests regarding the bidding process shall be subject to the following procedure. In submitting a Bid to the City for this project, the Bidder agrees to comply with and to be bound by this procedure.

Any Bid protest must be submitted in writing to the Director of Capital Projects & Transportation of the

City of West Sacramento before 5:00 p.m. on the fifth (5th) working day following Bid opening.

(a) The initial protest document must contain a complete statement of the basis for the protest, and all supporting documentation.

(b) The party filing the protest must have actually submitted a Bid for the Work. A Subcontractor of a party submitting a Bid for the Work may not submit a Bid protest. A party may not rely on the Bid protest submitted by another Bidder, but must timely pursue its own protest.

(c) The protest must refer to the specific portion of the Contract Documents which forms the basis for the protest.

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

(e) The party filing the protest must concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other Bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.

(f) The City will give the protested Bidder five (5) working days after the receipt of the protest to submit a written response. The responding Bidder shall transmit the response to the protesting Bidder concurrent with delivery to the City.

(g) The procedure and time limits set forth in this paragraph are mandatory and are the Bidder’s sole and exclusive remedy in the event of Bid protest. The Bidder’s 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.

(h) If the City determines that a protest is frivolous, the protesting Bidder may be determined to be non-responsible and that Bidder may be determined to be ineligible for future contract awards.