Bid Notice-Berths Bed Leveling Project.pdf

DOCUMENT 00001

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PROJECT MANUAL

PORT OF STOCKTON

BERTHS BED LEVELING

PROJECT NO. 240001

STOCKTON PORT DISTRICT

315 FYFFE AVENUE

STOCKTON, CA 95203

(209) 946-0246 www.portofstockton.com procurement@stocktonport.com

Project 240001

Port of Stockton Table of Contents Berths Bed Leveling 00010- 1

DOCUMENT 00010

TABLE OF CONTENTS

DIVISION I

SECTION TITLE

INTRODUCTORY INFORMATION

00001 Title Page

00010 Table of Contents 00015 TWIC Required for Service Providers

BIDDING REQUIREMENTS

00100 Advertisement for Bid 00200 Instructions to Bidders 00320 Geotechnical Data and Existing Conditions 00335 Hazardous Materials Survey 00400 Bid Form 00411 Bond Accompanying Bid 00420 Bidder Registration Form 00430 Subcontractors List 00481 Non-Collusion Affidavit 00482 Bidder Certifications

CONTRACT FORMS

00505 Notice of Intent to Award for Construction 00510 Notice of Award 00520 Agreement 00550 Notice to Proceed 00610 Construction Performance Bond 00620 Construction Labor and Material Payment Bond 00630 Guaranty 00650 Agreement and Release of Any and All Claims 00660 Substitution Request Form 00680 Escrow Agreement for Security Deposits in Lieu of Retention

CONDITIONS OF THE CONTRACT

00700 General Conditions

00800 Supplementary General Conditions 00821 Insurance and Indemnification 00822 Apprenticeship Program 00910 Addenda

Port of Stockton Table of Contents

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SECTION TITLE

GENERAL REQUIREMENTS

01100 Summary Attachment A – Special Provisions Attachment B – Construction Management Fact Sheet

01200 Price and Payment Procedures 01250 Modification Procedures 01315 Project Meetings 01320 Progress Schedules and Reports 01330 Submittal Procedures 01340 Safety Submittals 01410 Regulatory Requirements 01420 References and Definitions 01500 Temporary Facilities and Controls

01540 Site Security and Safety 01600 Product Requirements 01740 Cleaning 01770 Contract Closeout 01780 Project Record Documents

017113 Mobilization and Demobilization – Bed Leveling 352030 Hydrographic Survey – Bed Leveling 352035 Drag Bar Leveling

Appendix A Plans: 2026 Dock Maintenance Construction Plans

Appendix B Permit: CVRWQCB (Central Valley Regional Water Quality Control Board)

Appendix C Permit: USACE (United States Army Corps of Engineers)

Appendix D Permit: CDFW (California Department of Fish & Wildlife)

END OF DOCUMENT

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TWIC Required for Service Providers

What is TWIC? The Transportation Worker Identification Credential, also known as TWIC®, is required by the Maritime Transportation Security Act for workers who need access to secure areas of the nation’s maritime facilities and vessels. The Transportation Security Administration (TSA) conducts a background check to determine a person’s eligibility and issues the credential.

General information available at https://www.tsa.gov/twic

How to Apply

Pre-enroll using the online application at https://tsaenrollmentbyidemia.tsa.dhs.gov or complete the entire process in person at an application center https://tsaenrollmentbyidemia.tsa.dhs.gov/locator

Schedule an appointment online at https://www.tsa.gov/twic or call (855) 347-8371 weekdays, 8 a.m. to 10 p.m. ET.

Visit a TWIC application center to:

1. Provide required documentation, be fingerprinted and take a facial photo.

2. First-time applicants pay $124 non-refundable fee valid for five years with a credit card, money order, company check or certified/cashier’s check.

3. Your card can be mailed to your home address or picked up at the application center.

LOCAL TWIC OFFICE:

This sheet is provided as INFORMATION ONLY. Contractor shall visit www.tsa.gov/twic to verify eligibility and further information.

DOCUMENT 00015

TWIC REQUIRED FOR SERVICE PROVIDERS

Advertisement for Bids Stockton Port District

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DOCUMENT 00100

ADVERTISEMENT FOR BIDS

1. NOTICE. The STOCKTON PORT DISTRICT, a municipal corporation of the State of California (“Port”) hereby gives notice that it will accept Bids for construction of the following public work:

2. BID SUBMISSION. Port will receive sealed Bids no later than 3:00 p.m. on Thursday, August 20, 2026. Port’s representative will call out the designated time in the Port Administration Building lobby, stating that the period for accepting Bids is closed. The Bid opening will be in accordance with procedures set forth in Document 00200 (Instructions to Bidders).

3. CONTACT INFORMATION.

Mailing Address:

Janice Dias P.O. Box 2089 Stockton, California 95201

Website address for more information:

www.portofstockton.com

Owner’s Representative:

Jason Cashman Director of Environmental Affairs Or Port Designated Representative

Telephone: (209) 946-0246

4. DESCRIPTION OF THE WORK. The Port of Stockton (Port) is proposing to conduct berth maintenance through bed leveling operations of dock berthing areas on the Port’s east and west complexes. This work is intended to restore and maintain the required elevations shown in the drawings by redistributing sediment within the berth footprint.

The project will consist of mechanical bed leveling (knockdown) using a drag bar or similar equipment to flatten localized high spots and achieve the design bottom elevations within the defined dock area footprint, subject to Port approval. No dredging or off-site disposal of sediment is anticipated under this contract. All operations shall be performed using equipment of sufficient size and capability to complete the work within the designated work windows.

The Port retains sole discretion to determine whether the proposed equipment meets project requirements and may reject any bid that does not satisfy these criteria.

Bed leveling activities shall involve the in-place redistribution of sediments only. Sediment shall be leveled and spread within the authorized work areas to achieve the required grades. No hydraulic or mechanical transport of sediment to upland placement sites is included as part of this work unless otherwise directed by the Port.

5. CONTRACT TIME. Work shall be finally completed by October 31, 2026.

6. REQUIRED CONTRACTOR’S LICENSE(S). A California “A” Contractor License is required to Bid this Contract.

Joint ventures must secure a joint venture license prior to award of this Contract.

7. DEPARTMENT OF HOMELAND SECURITY REQUIREMENTS. All Service Provider and contractor personnel who will at any time be present on the project site must obtain a Transportation Worker Identification Credential (TWIC) from the Transportation Security Administration. Service Provider will be responsible for processing and costs associated with obtaining the TWIC. Information can be obtained at https://www.tsa.gov/for-industry/twic.

8. PREVAILING WAGE LAWS. The successful Bidder must comply with all prevailing wage laws applicable to the Project, and related requirements contained in the Contract Documents.

Advertisement for Bids Stockton Port District

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9. INSTRUCTIONS. Bidders shall refer to Document 00200 (Instructions to Bidders) for required documents and items to be submitted in sealed envelopes for deposit at the Stockton Port District administration building lobby.

10. SUBSTITUTION OF SECURITIES. Port will permit successful Bidder to substitute securities for retention monies withheld to ensure performance of Contract, as set forth in Document 00680 (Escrow Agreement for Security Deposits in Lieu of Retention), in accordance with California Public Contract Code, Section 22300. By this reference, Document 00680 (Escrow Agreement for Security Deposits in Lieu of Retention) is incorporated in full in this Document 00100.

11. PRE-BID CONFERENCE. Port will NOT conduct a Pre-Bid Conference.

12. QUESTION / RFI SUBMITTAL. Bidders may submit questions / requests for information (RFI) regarding this bid by email to procurement@stocktonport.com as soon as possible, but no later than 5:00 PM PST, August 6, 2026. Port will not respond to questions regarding this bid received after the date and time noted above.

13. ADDENDA. Responses to question and RFI submittals will be issued by Addenda posted to the Port’s website www.portofstockton.com no later than August 11, 2026. Port will not answer questions received by the question/RFI due date as noted in the section above. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. It is the responsibility of all potential bidders to monitor the Port’s website and ensure that all addenda have been retrieved by the bidder.

14. PROCUREMENT OF BIDDING DOCUMENTS. Bidders may examine the Bidding Documents, including the Instructions to Bidders and the plans and specifications for the work at the Port’s offices. Bid Documents will be available for download from the Port’s website, www.portofstockton.com – Business section, Bids & Proposals, Out to Bid. Port expects documents to be available on or after July 22, 2026. The Bidders’ attention is drawn to the Instructions to Bidders for complete instructions regarding submission of a Bid.

15. BID PREPARATION COST. Bidders are solely responsible for the cost of preparing their Bids.

16. INELIGIBLE CONTRACTORS AND SUBCONTRACTORS: Port shall not accept a Bid from a Bidder who is ineligible to bid or work on, or be awarded, a public works project pursuant to California Labor Code Section 1777.1 or

1777.7. Bidder shall not include in its Bid any subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to California Labor Code Section 1777.1 or 1777.7. Federal ineligible listings are located on the System for Award Management (SAM) at https://sam.gov.

17. RESERVATION OF RIGHTS. Port specifically reserves the right, in its sole discretion, to reject any or all Bids, or rebid, or to waive inconsequential deviations from Bid requirements not involving time, price, or quality of the Work.

By order of the Board of Commissioners of the Stockton Port District.

Berths Bed Leveling Instructions to Bidders

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DOCUMENT 00200

INSTRUCTIONS TO BIDDERS

Bids are requested by the Stockton Port District, a California Port District with municipal powers organized pursuant to Harbors and Navigations Code Sections 6200 et seq. (“Port”), for a general construction contract, or work described in general, as follows:

1. RECEIPT OF BIDS & SCHEDULE: Sealed Bids will be received by Port at Port’s office (see paragraph 2 below) on Thursday, August 20, 2026, by 3:00 PM. Port will accept Bids only from Bidders duly licensed in accordance with the California Business & Professions Code. Port will receive Bids in opaque sealed 10 inch x 13 inch envelope(s), containing the respective items described in Paragraph 6 below. All Bid envelopes will be time-stamped to reflect their submittal time. Envelope shall be due by 3:00 PM. Port shall reject all Bids received after the specified time and will return such Bids to Bidders unopened. Bidders must submit Bids in accordance with this Document 00200.

Port’s anticipated bid schedule is provided below:

Contractor Questions Due August 6, 2026 by 5:00 PM PST

Final Response Addendum to Contractors August 11, 2026

BIDS DUE August 20, 2026 at 3:00 PM PST

Notice of Intent to Award August 21, 2026

Commission Meeting September 8, 2026

Anticipated Notice of Award September 9, 2026

Contract Executed by September 23, 2026

Construction Completion October 31, 2026

2. CONTACT INFORMATION: Sealed Bids shall be received at Port’s Administration Building lobby located at 315 Fyffe Avenue, Stockton, California 95203. The telephone number for Port is (209) 946-0246.

3. PROCUREMENT OF BID DOCUMENTS: Bidders may obtain Bidding Documents from the Port’s

Administration Building at 315 Fyffe Avenue, Stockton, CA 95203, from the Procurement & Contracts Officer. Bidders may examine the Bidding Documents, including the Instructions to Bidders and the plans and specifications for the work at the Port’s offices. Bid documents will be available on the Port’s website Documents will be available for download from the Port’s website, www.portofstockton.com – Business section, Bids & Proposals, Out to Bid.

4. PRE-BID CONFERENCE: Port will NOT conduct a Pre-Bid Conference.

4.1. Site Visits may be scheduled at Port’s sole discretion, depending on staff availability.

4.2. While Bidders will be allowed to observe Site conditions, invasive testing will not be allowed.

5. BID SUBMISSION: Bidder shall mark its Bid envelope as BID FOR THE PORT OF STOCKTON, BERTHS BED LEVELING. Bids shall be deemed to include the written responses of the Bidder to any questions or requests for information of Port made as part of Bid evaluation process after submission of Bid.

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Bidder’s failure to submit all required documents strictly as required entitles Port to reject the Bid as non-responsive.

5.1. The submission of a Bid does not commit Port to award a contract for the Project, to pay costs incurred in the preparation of a Bid, or to procure or contract for any goods or services.

6. REQUIRED CONTENTS OF BIDS: All Bidders must submit Bids containing each of the fully executed documents supplied in this Project Manual.

6.1. Bidders must submit Bids on Document 00400 Bid Form in accordance with the provisions of Document 00400. Port will reject as non-responsive any Bid not submitted on the required form. Bids must be full and complete. Bidders must complete all Bid items and supply all information required by Bid documents and specifications. Port 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. Bidders must submit clearly written Bids without erasure or interlineation.

Bidders must clearly make any changes in the Bid. Bidders shall make any change in the Bid by crossing out the original entry, entering and initialing the new entry. Port reserves the right to reject any Bid not clearly written. Bidders may not modify the Bid Form or qualify their Bids.

6.2. Bidders must submit Document 00411 (Bond Accompanying Bid) accompanied by a cashier’s check, certified check (certified without qualification and drawn on a solvent bank of the State of California or a National Bank doing business in the State of California) or surety bond of not less than 10% of the Total Bid Price payable to “Stockton Port District,” and completed in accordance with the provisions of Document 00411. (Port may retain Bid securities and Bid bonds of other than the Apparent Low Bidder for a period of 90 Days after award or full execution of the Contract, whichever first occurs.)

6.3. Bidders must submit Document 00420 (Bidder Registration) completed in accordance with the provisions of Document 00420. Bidder must complete this form and include comprehensive answers to all questions.

Port shall reject as non-responsive any Bid submitted without the Bidder Registration and Experience Form.

6.4. Bidders must submit Document 00430 (Subcontractors List) completed in accordance with the provisions of Document 00430. The Subcontractors List must include the names of all subcontractors and their respective Bid item sub-Bids 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 total Bid amount. Any violation of this requirement may result in a Bid being deemed non-responsive and not being considered.

6.5. Bidders must submit Document 00481 (Non-Collusion Affidavit) completed in accordance with the provisions of Document 00481. Port shall reject as non-responsive any Bid submitted without the Non- Collusion Affidavit.

6.6. Bidders must submit Document 00482 (Bidder Certifications) completed in accordance with the provisions of Document 00482. Port shall reject as non-responsive any Bid submitted without the Bidder Certifications.

6.7. Any item required by the Special Conditions.

7. OTHER REQUIREMENTS PRIOR TO BIDDING: Submission of Bid signifies Bidder’s careful examination of Bidding Documents and complete understanding of the nature, extent, and location of Work to be performed. As a condition to Bidding, Bidder must complete tasks listed in Document 00520 (Agreement), Article 5. Submission of Bid shall constitute Bidder’s express representation to Port that Bidder has fully completed these tasks.

8. EXISTING CONDITIONS INFORMATION AND GEOTECHNICAL DATA: Bidders may examine any available existing conditions information (e.g., record documents, specifications, studies, drawings of previous

00200- 3 work), as well as applicable environmental assessment information (if any) regarding the Project, by giving Port reasonable advanced notice. Document 00320 (Geotechnical Data and Existing Conditions) applies to all supplied existing conditions information. Port will make copies available for a fee. A Bidder must give five (5) days advanced notice if copies are desired.

9. ADDENDA: Bidders must direct all questions about the meaning or intent of Bidding Documents to Port

(Attention: Procurement & Contracts Officer) by emailing procurement@stocktonport.com as soon as possible, but no later than 5:00 PM PST, August 6, 2026.

Interpretations or clarifications considered necessary by Port in response to such questions will be issued by Addenda posted to the Port’s website www.portofstockton.com no later than August 11, 2026. Port may not answer questions received by the question/RFI due date as noted above. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. It is the responsibility of all potential bidders to monitor the Port’s website noted above and ensure that all addenda have been retrieved by the bidder.

9.1. Addenda may also be issued to modify the Bidding Documents as deemed advisable by Port.

9.2. Addenda shall be acknowledged by number with signature in Document 00400 (Bid Form) and shall be part of the Contract Documents. A complete listing of Addenda may be secured from Port.

10. DEPARTMENT OF HOMELAND SECURITY REQUIREMENTS: All personnel assigned to the successful Bidder to the project must obtain a Transportation Worker Identification Credential (TWIC) from the Transportation Security Administration. Successful Bidder will be responsible for processing and costs associated with obtaining the TWIC. Information can be obtained at https://www.tsa.gov/for-industry/twic.

11. EQUAL EMPLOYMENT OPPORTUNITY: Contractor shall comply with all applicable federal, state, and local laws, rules, and regulations in regard to nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical conditions, disability, or any other reason.

12. WAGE RATES: The Contractor acknowledges that it has examined the prevailing rate of per diem wages as established by California Director of Industrial Relations. The Contractor agrees to pay workers not less than the applicable prevailing rate of per diem wages, as set forth in these requirements.

13. WITHDRAWAL OF BIDS: Bidders may withdraw their Bids at any time prior to the Bid opening time fixed in this Document 00200, only by written request for the withdrawal of Bid filed with the Port at the Port’s office. Bidder or its duly authorized representative shall execute request to withdraw Bid. The submission of a Bid does not commit the Port to award a contract for the Project, to pay costs incurred in the preparation of a Bid, or to procure or contract for any goods or services.

14. BID OPENING: Port will open all Bidders’ Envelopes immediately after the time on the date specified in

Paragraph 1 above, initially evaluate them for responsiveness, and determine an Apparent Low Bidder as specified herein.

15. DETERMINATION OF APPARENT LOW BIDDER: Apparent Low Bid will be determined as provided in

Document 00400 (Bid Form). All Bidders are required to submit Bids on all Bid items.

15.1 If any Apparent Low Bidder is determined to be non-responsive or non-responsible, Port may proceed to the next Apparent Low Bidder’s Bid pursuant to any procedures determined in its reasonable discretion, and proceed for all purposes as if this Apparent Low Bidder were the original Apparent Low Bidder.

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16. BID EVALUATION: Port may reject any or all Bids and waive any informalities or minor irregularities in the Bids. Port also reserves the right, in its discretion, to reject any or all Bids and to re-Bid the Project. Port reserves the right to reject any or all nonconforming, non-responsive, unbalanced, or conditional Bids, and to reject the Bid of any Bidder if Port believes that it would not be in the best interest of Project 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 Port. For purposes of this paragraph, an “unbalanced Bid” is one having nominal prices for some Bid items and enhanced prices for other Bid items.

a. In evaluating Bids, Port will consider Bidders’ qualifications, whether or not the Bids comply with the prescribed requirements, bid item prices, and other data, as may be requested in Document 00400 (Bid Form) or prior to the Notice of Award.

b. Port may conduct reasonable investigations and reference checks of Bidder and other persons and organizations as Port deems necessary to assist in the evaluation of any Bid and to establish Bidder’s responsibility, qualifications, financial ability and ability to perform the Work in accordance with the Contract Documents to Port’s satisfaction within the prescribed time.

Submission of a Bid constitutes Bidder’s consent to the foregoing. Port shall have the right to consider information provided by sources other than Bidder. Port shall also have the right to communicate directly with Bidder’s surety regarding Bidder’s bonds.

c. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between written words and figures will be resolved in favor of the words.

d. Port may determine whether a Bidder is qualified in its sole discretionary judgment.

17. BID PROTEST: Any Bid protest must be submitted in writing to the Port’s offices (Attention: Procurement &

Contracts Officer), before 5:00 p.m. of the tenth Day following posting in the front entrance of the Administration Building of Document 00505 (Notice of Intent to Award for Construction). Time will be determined by the clock in the Administration Building lobby. Port will use reasonable efforts to deliver by email a copy of Document 00505 to all Bidders who submitted Bids no later than the business Day after issuance, although any delay or failure to do so will not extend the Bid protest deadline described above.

17.1. The initial protest document must contain a complete statement of the basis for the protest.

17.2. The protest must refer to the specific portion of the document that forms the basis for the protest.

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

17.4. Only Bidders who Port otherwise determines are responsive and responsible are eligible to protest a Bid;

protests from any other Bidder will not be considered. In order to determine whether a protesting Bidder is responsive and responsible, Port may evaluate all information contained in any protesting Bidder’s Bid, and conduct the same investigation and evaluation as Port is entitled to take regarding an Apparent Low Bidder.

17.5. 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 that 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.

17.6. The procedure and time limits set forth in this paragraph are mandatory and are Bidder’s sole and exclusive remedy in the event of Bid protest. Bidder’s failure to comply with these procedures shall

00200- 5 constitute a waiver of any right to further pursue the Bid protest, including filing a Government Code Claim or legal proceedings. A Bidder may not rely on a protest submitted by another Bidder, but must timely pursue its own protest.

18. AWARD: It is the intent of the Port to award a contract to accomplish the Work described in the Contract

Documents. If a Contract is awarded, it will be awarded to the lowest responsible responsive Bidder within ninety (90) days after the opening of the Bids.

19. PERMITS: It is the bidder’s responsibility to furnish prior to the start of work any and all applicable permits to this project. Actual costs of permits will be reimbursed upon receipt of appropriate documentation.

20. SUBSTITUTIONS: Bidders must base their Bids on products and systems specified in Contract Documents or listed by name in Addenda.

20.1. Except as provided in Paragraph 20.4 below, Port will consider substitution requests only for “or equal items.” Bidders wanting to use “or equal” item(s) may submit Document 00660 (Substitution Request Form) no later than 5 Days before the Bid Date. After that date, Port will not accept “or equal” substitution requests. To assess “or equal” acceptability of product or system, submittals of substitutions shall contain the information required in Document 00660 (Substitution Request Form). Insufficient information will be grounds for rejection of substitution. Port shall, within a reasonable period of time after having received a Request for Substitution, issue in writing its decision as to whether the proposed substitute item is an Equal item. Port’s decision shall be conclusive on all Bidders.

20.2. Approved substitutions shall be listed in Addenda and become part of Contract Documents.

20.3. Substitutions may be requested after submitting Bids and Award of Contract only in accordance with requirements specified in the Contract Documents.

20.4. As a limitation on Bidder's privilege to substitute “or equal” items, Port has found that certain items are designated as Port standards and certain items are designated to match existing items in use on a particular public improvement either completed or in the course of completion or are available from one source. As to such items, Port will not permit substitution. Such items are:

20.4.1. N/A

21. POST NOTICE OF AWARD REQUIREMENTS: Successful Bidder must execute and submit the documents set forth in this Document to Port by 5:00 p.m. of the 7th Day following the Notice of Award.

Execution of Contract by Port depends upon approval of these documents.

21.1. Document 00520 (Agreement) must be executed by successful Bidder. Submit two originals, each bearing an original signature and initials on each page.

21.2. Document 00610 (Construction Performance Bond) must be executed by successful Bidder and surety, in the amount set forth in Document 00610 (Construction Performance Bond). Submit one original.

21.3. Document 00620 (Construction Labor and Material Payment Bond) must be executed by successful

Bidder and surety, in the amount set forth in Document 00620 (Construction Labor and Material Payment Bond). Submit one original.

21.4. Document 00630 (Guaranty) must be executed by successful Bidder.

21.5. Insurance certificates and endorsements required by Document 00821 (Insurance and Indemnification) must be submitted by successful Bidder. Submit one original set

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21.6. Port shall have the right to communicate directly with Apparent Low Bidder’s proposed performance bond surety, to confirm the performance bond. Port may elect to extend the time to receive faithful performance and labor and material payment bonds.

21.7. Successful Bidder’s failure to submit the documents required herein, in a proper and timely manner, entitles Port to rescind its award, and to cause Bidder’s Bid security to be forfeited as provided herein.

22. FAILURE TO EXECUTE AND DELIVER DOCUMENTS: If Bidder to whom Contract is awarded shall, within the period described in Paragraph 19 of this Document 00200, fails or neglects to execute and deliver all required Contract Documents and file all required bonds, insurance certificates, and other documents, Port may, in its sole discretion, foreclose on Bidder’s surety bond, or deposit Bidder’s cashier’s check or certified check for collection, and retain the proceeds thereof as liquidated damages for Bidder’s failure to enter into the Contract Documents. Bidder agrees that calculating the damages Port may suffer as a result of Bidder’s failure to execute and deliver all required Contract Documents would be extremely difficult and impractical and that the amount of Bidder’s required Bid security shall be the agreed and presumed amount of Port’s damages.

22.1. Upon such failure to timely deliver all required Contract Documents as set forth in Paragraph 21 through

Paragraph 21.8 of this Document 00200, Port may determine the next Apparent Low Bidder and proceed accordingly. Such Award, if made, will be made within the time described in paragraph 19 above.

23. MODIFICATION OF COMMENCEMENT OF WORK: Port expressly reserves the right to modify the date for the Commencement of Work under the Contract and to independently perform and complete work related to the Project. Port accepts no responsibility to Contractor for any delays attributed to its need to complete independent work at the Site.

24. CONFORMED PROJECT MANUAL: Following Award of Contract, Port may prepare a conformed Project

Manual reflecting Addenda issued during bidding, which will, failing objection, constitute the approved Project Manual.

25. INELIGIBLE CONTRACTORS AND SUBCONTRACTORS: Port shall not accept a Bid from a Bidder who is ineligible to bid or work on, or be awarded, a public works project pursuant to California Labor Code section 1777.1 or 1777.7. Bidders and the Contractor who is awarded the project contract shall not utilize, or allow work by, any subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to California Labor Code Section 1777.1 or 1777.7. (See California Public Contract Code Section 6109.) The California Division of Labor Standards Enforcement publishes a list of debarred contractors and subcontractors on the Internet at https://www.dir.ca.gov/DLSE/debar.html. Federal government listings are located at https://www.sam.gov/SAM/.

26. DEFINITIONS: All abbreviations and definitions of terms used in this Document 00200 are set forth in

Document 00700 (General Conditions) and Section 01420 (References and Definitions).

Geotechnical Data and Existing Conditions

00320- 1

DOCUMENT 00320

GEOTECHNICAL DATA AND EXISTING CONDITIONS

1. REPORT AND INFORMATION

1.1 Existence of Reports: The Port, its consultants, and prior contractors may have collected documents providing a general description of the Site and conditions of the Work. These documents may consist of geotechnical reports for and around the Site, contracts, contract specifications, tenant improvement contracts, as-built drawings, utility drawings, and information regarding Underground Facilities. These reports, documents and other information are not part of the Contract Documents.

1.2 Inspection of Reports: Bidders may inspect geotechnical reports and information regarding existing conditions at the Site. These documents are available for review at the Port located at 315 Fyffe Avenue, Stockton, California 95203 and copies may be obtained for the cost of reproduction and handling upon Bidder’s payment for the costs. These reports, documents and other information are not part of the Contract Documents. Nevertheless, by submitting a Bid, Bidder accepts full responsibility for reviewing, knowing and understanding the contents of all of these materials.

1.3 Inclusion in Project Manual: Geotechnical reports may be included in the Project Manual and information regarding existing conditions may also be included in the Project Manual, but neither shall be considered part of the Contract Documents.

1.4 Alternative Documentation Location: Documentation for this project referred to at paragraph

1.2 above is also available for review at the following website:

http://geotracker.waterboards.ca.gov/

2. USE OF INFORMATION ON EXISTING CONDITIONS

2.1 Aboveground Existing Conditions: Under no circumstances shall Port be deemed to make a warranty or representation of existing aboveground conditions, as-built conditions, or other aboveground actual conditions verifiable by reasonable independent investigation. These conditions are verifiable by Bidder by the performance of its own independent investigation that Bidder must perform prior to bidding and Bidder must not rely on the information supplied by Port regarding existing conditions. Bidder represents and agrees that in submitting its Bid, it is not relying on any information regarding existing conditions supplied by Port.

2.2 Underground Facilities: Information supplied regarding existing Underground Facilities at or contiguous to the Site is based on information furnished to Port by others (e.g., the builders of such Underground Facilities or others). Except as expressly set forth in this Document 00320, Port does not assume responsibility for the accuracy, completeness or thoroughness of this information, and Bidder is solely responsible for any interpretation or conclusion drawn from this information. Except as expressly set forth in this Document 00320, Port will be responsible only for the general accuracy of information regarding Underground Facilities, and only for those Underground Facilities that are owned by Port. This express assumption of responsibility applies only if Bidder has conducted the independent investigation required of it and discrepancies were not apparent.

3. LIMITED RELIANCE PERMITTED ON CERTAIN GEOTECHNICAL INFORMATION

3.1 Geotechnical Data: Except as expressly set forth in this Document 00320, Port does not warrant, and makes no representation regarding, the accuracy or thoroughness of any geotechnical data.

Bidder represents and agrees that in submitting its Bid, it is not relying on any geotechnical data supplied by Port, except as specifically set forth herein.

Geotechnical Data and Existing Conditions

00320- 2

A. Bidder may rely upon the general accuracy of the “technical data” contained in the geotechnical reports and drawings identified above, but only insofar as it relates to subsurface conditions, provided Bidder has conducted the independent investigation required of it and discrepancies were 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.

2. 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.

3. The term “technical data” shall not include the location of Underground Facilities.

4. 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.

5. Bidder is solely responsible for any interpretation or conclusion drawn from any “technical data” or any other data, interpretations, opinions, or information contained in supplied geotechnical data.

4. INVESTIGATIONS

4.1 Before submitting a Bid, each Bidder shall be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise, which may affect cost, progress, performance or furnishing of Work or which 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 which 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. Bidders shall advise Port in writing during the Bid period of any questions, suppositions, inferences or deductions Bidders may have for Port’s review and response.

4.2 Port has provided time in the period prior to bidding for Bidder to perform these investigations.

5. ACCESS TO SITE FOR INVESTIGATIONS

5.1 During the Pre-Bid Site Visit(s), Port 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 conditions upon completion of such explorations, investigations, tests, and studies. Such investigations may be performed only under the provisions of Document 00200 (Instructions to Bidders) and Document 00700 (General Conditions) including, but not limited to, proof of insurance and obligation to indemnify against claims arising from such investigation work. Each Bidder shall supply all equipment required to perform any investigations as each Bidder deems necessary. Port has the right to limit the number of pieces of machinery operating at one time due to safety concerns.

00335 - 1 Hazardous Materials Survey

SECTION 00335 - HAZARDOUS MATERIALS SURVEY

1. SUMMARY

1.1 This Document 00335 describes hazardous material surveys included with the Contract Documents and use of data therein.

2 REPORTS AND INFORMATION

2.1 The Stockton Port District, its consultants, contractors and tenants have prepared documents providing a general description of the Site and locations of hazardous materials subject of the Work. These documents are made available for review and copying. The documents are the following:

2.1.1 No known hazardous materials are present in the area of the proposed improvements.

2.2 Bidders may inspect such documents at Port’s offices, and copies may be obtained at cost of reproduction and handling upon Bidder’s payment for the costs. These documents are not part of the Contract Documents.

3. USE OF DATA AND INFORMATION

3.1 Data and information regarding the locations of hazardous materials are not part of Contract Documents.

Bidders may rely on this data and information for general accuracy regarding the locations of potentially hazardous materials subject of the Work.

3.2 The Port does not warrant and makes no representation regarding the completeness or thoroughness of any data or information regarding existing conditions or hazardous materials, including, but not limited to, quantities, characteristics, volumes, or associated structural features. Bidder represents and agrees that in submitting a Bid it is not relying on any such data, information or deductions.

4. INVESTIGATIONS

4.1 See Document 00320 (Geotechnical Data and Existing Conditions) regarding access to the Site for investigation. Additionally, any investigation performed by Bidder to verify hazardous materials/waste conditions must comply with the provisions of Document 00700 (General Conditions), including but not limited to the requirements regarding compliance with all laws, permits, giving of all notices, and indemnification. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests and studies.

Bidders shall also present proof of any additionally required insurance satisfactory to Port.

END OF DOCUMENT 00335

Berths Bed Leveling Bid Form 00400-1

DOCUMENT 00400

BID FORM

TO THE STOCKTON PORT DISTRICT

THIS BID IS SUBMITTED BY:

(Firm/Company Name)

Re: PORT OF STOCKTON, BERTHS BED LEVELING, Project 240001

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with the

Stockton Port District, (“Port”) in the form included in the Contract Documents, Document 00520 (Agreement), to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents.

2. Bidder accepts all of the terms and conditions of the Contract Documents, Document 00100

(Advertisement for Bids), and Document 00200 (Instructions to Bidders), including, without limitation, those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 Days after the day of Bid opening.

3. In submitting this Bid, Bidder represents:

(a) Bidder has examined all of the Contract Documents and the following Addenda (receipt of all of which is hereby acknowledged).

Addendum Number Addendum Date Signature of Bidder

(b) N/A

(c) Bidder has visited the Site and performed all tasks, research, investigation, reviews, examinations, and analysis and given notices, regarding the Project and the Site.

(d) Bidder has given Port prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by Port is acceptable to Contractor.

4. Based on the foregoing, Bidder proposes and agrees to fully perform the Work within the time stated and in strict accordance with the Contract Documents for the following sums of money listed in the following Schedule of Bid Prices:

00400-2

SCHEDULE OF BID PRICES

All Bid items, including lump sums, must be filled in completely. Bid items are described in Document 01100 (Summary). Quote in figures only unless words are specifically requested.

NO. DESCRIPTION BID AMOUNT

1. Mobilization and Demobilization $

2. Drag Bar Bed Leveling $

TOTAL BID AMOUNT $

5. Selection of Apparent Low Bidder: the undersigned acknowledges that the Apparent Low Bidder will be the Bidder submitting the lowest combination of Bid Items 1-2 based on the assumptions (if any) set forth in the Schedule of Bid Prices.

6. Subcontractors for work included in all Bid items are listed on the attached Document 00430 (Subcontractors List).

7. The undersigned Bidder understands that Port reserves the right to reject this Bid.

8. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in Paragraph 2 of this Document 00400 or at any other time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00200 (Instructions to Bidders) within the times specified therein.

These documents include, but are not limited to, Document 00520 (Agreement), Document 00610 (Construction Performance Bond), and Document 00620 (Construction Labor and Material Payment Bond) and Insurance.

9. Notice of Award or request for additional information may be addressed to the undersigned Bidder at the address set forth below.

10. The undersigned Bidder herewith encloses cash, a cashier’s check, or certified check of or on a responsible bank in the United States, or a corporate surety bond furnished by a surety authorized to do a surety business in the State of California, in form specified in Document 00200 (Instructions to Bidders), in the amount of ten percent (10%) of the Total Bid Price and made payable to “Stockton Port District.”

11. The undersigned Bidder agrees to commence Work under the Contract Documents on the date established in Document 00700 (General Conditions) and to complete all Work within the time specified in Document 00520 (Agreement). The undersigned Bidder acknowledges that Port has reserved the right to delay or modify the commencement date. The undersigned Bidder further acknowledges Port has reserved the right to perform independent work at the Site, the extent of such work may not be determined

Total Bid Amount in Words:

(Words)

This amount shall constitute full compensation for furnishing all labor, materials, apparatus, facilities, transportation, tools, equipment, bonds and insurance for performance of all the work contemplated and embraced in this contract, and for all risks of every description connected with the work, and for well and faithful completion of the work and the whole thereof in the manner and according to the Contract Documents and the requirements of designated Port Project representative.

Discrepancies between the words and numbers will be resolved in favor of the words.

00400-3 until after the opening of the Bids, and that the undersigned Bidder will be required to cooperate with such other work in accordance with the requirements of the Contract Documents.

12. The undersigned Bidder agrees that, in accordance with Document 00700 (General Conditions), liquidated damages for failure to complete all Work in the Contract within the time specified in Document 00520 (Agreement) shall be as set forth in Document 00520 (Agreement).

13. The names of all persons interested in the foregoing Bid as principals are: __________________________

IMPORTANT NOTICE: If Bidder or other interested person is a corporation, give the legal name of corporation, state where incorporated, and names of president and secretary thereof; if a partnership, give name of the firm and names of all individual co- partners composing the firm; if Bidder or other interested person is an individual, give first and last names in full.

NAME OF BIDDER:

Licensed in accordance with an act for the registration of Contractors, and with license number:

Expiration:

(Place of Incorporation, if Applicable) (Principal)

(Principal)

I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

x (Signature of Bidder)

NOTE: If Bidder is a corporation, set forth the legal name of the corporation together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If Bidder is a partnership, set forth the name of the firm together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership.

Business Address: ________________________________________

Contractor’s Representative(s): ________________________________________ (Name / Title)

Officers Authorized to Sign Contracts: _________________________________________ (Name/Title)

Telephone Number(s): _________________________________________ (Area Code) (Number)

Contact Email address: _________________________________________ (Email)

Date of Bid: _________________________________________ (Date)

Bond Accompanying Bid Berths Bed Leveling

00411- 1

DOCUMENT 00411

BOND ACCOMPANYING BID

KNOW ALL BY THESE PRESENTS:

That the undersigned ___________________________________________________________________ , (Name of Contractor) as Principal and the undersigned as Surety are held and firmly bound unto the Stockton Port District, (“Port”), as obligee, in the penal sum of _______________________________________ Dollars ($______________) lawful money of the United States of America being at least ten percent (10%) of the aggregate amount of said Principal ____________________________________________________________’s base Bid, for the payment of which, well and truly to be made, we bind ourselves, our successors, executors, administrators, and assigns, jointly and severally, firmly by these presents.

WHEREAS, the said Principal is submitting a Bid for Port Project 240001, PORT OF STOCKTON, BERTHS BED LEVELING.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Bid submitted by the said Principal be accepted and the Contract be awarded to said Principal and said Principal shall within the required periods enter into the Contract so awarded and provide the required Construction Performance Bond, Construction Labor and Material Payment Bond, insurance certificates, and all other endorsements, forms, and documents required under Document 00200 (Instructions to Bidders), then this obligation shall be void, otherwise to remain in full force and effect.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument this ______ day of (Month) (Year)

(Corporate Seal) By _______________________________________________

Principal

By _______________________________________________ Surety

(Corporate Seal) By _______________________________________________

Attorney in Fact

Bidder Registration Form Berths Bed Leveling

00420- 1

DOCUMENT 00420

BIDDER REGISTRATION FORM

INSTRUCTIONS

In order to register to undertake work for the Stockton Port District, Bidder must:

1) Fill out this registration form completely; do not leave blanks.

2) Provide certificates of insurance evidencing coverage complying with Paragraph 4(A) of Document 00700 (General Conditions).

INDEPENDENT CONTRACTOR REGISTRATION

Contractor’s License #

Date: Fed I.D. #

Full Corporate Name of Company:

Street Address:

Mailing Address:

Phone: Fax:

Name of Principal Contact:

Type of Business: _____ Sole Proprietor _____ Partnership _____ Non-Profit 501(c)(3) _____ Corporation _____ other (please explain:__________________________________)

INSURANCE

Marine General Liability (MGL) OR Commercial General Liability with no waterborne exclusions including coverage for:

A. Contractual Liability

B. Products and Completed Operations

C. Bodily Injury and Property Damage

D. Terminal Operators/Wharfingers Liability

E. Sudden and Accidental Pollution

F. USL&H

G. MEL

Carrier:

Address:

00420- 2

Phone and Fax:

Policy Number:

Automobile Liability:

Carrier:…