Bid Notice-City Hall Window Replacement-Retrofit _ Flashing.pdf

7/9/26

CITY OF MARYSVILLE

PUBLIC WORK DEPARTMENT

YUBA COUNTY CALIFORNIA

REQUEST FOR QUALIFICATION & PROPOSALS

for

CITY HALL Window Replacement-Retrofit & Flashing

These Specifications were prepared by or under the direction and responsible charge.

Jeramy Chapdelaine - Public Works Director Date: 7/9/2026

Sealed proposals will be received and submitted to the City Clerk’s office at 526 C Street, Marysville, CA 95901 until August 6, 2026 2:00PM LOCAL TIME

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CITY OF MARYSVILLE

CONTRACT DOCUMENTS

TABLE OF CONTENTS

PART 1 BIDDING REQUIREMENTS

CITY OF MARYSVILLE - REQUEST FOR QUALIFICATION AND PROPOSAL (RFQP) ...54

INSTRUCTIONS TO BIDDERS

BIDDER’S CHECKLIST

BID PROPOSAL

BID SECURITY

NON-COLLUSION DECLARATION

EXPERIENCE & QUALIFICATIONS

DESIGNATION OF SUBCONTRACTORS

PART 2 CONTRACT DOCUMENTS

CONSTRUCTION CONTRACT

PERFORMANCE BOND

PAYMENT BOND

CONTRACTOR’S CERTIFICATE REGARDING WORKER’S COMPENSATION

PART 3 GENERAL CONDITIONS

SECTION 1 DEFINITIONS AND TERMS

SECTION 2 SCOPE OF WORK

SECTION 3 CONTROL OF WORK

SECTION 4 CONTROL OF MATERIALS

SECTION 5 LEGAL RELATIONS AND RESPONSIBILITY

SECTION 6 PROGRESS AND COMPLETION OF WORK

SECTION 7 MEASUREMENT AND PAYMENT

PART 4 SUPPLEMENTAL CONDITIONS (SPECIAL PROVISIONS)

9. SUPPLEMENTAL CONDITIONS (SPECIAL PROVISIONS)

PART 5 TECHNICAL SPECIFICATIONS

PART 1 BIDDING REQUIREMENTS .......................................................................................... I

CITY OF MARYSVILLE - REQUEST FOR QUALIFICATION AND PROPOSAL (RFQP) . 1-1

INSTRUCTIONS TO BIDDERS........................................................................................ 1-6 BIDDER’S CHECKLIST ................................................................................................. 1-15 BID PROPOSAL ............................................................................................................ 1-17 BID SECURITY .............................................................................................................. 1-18 NON-COLLUSION DECLARATION ............................................................................... 1-19 EXPERIENCE & QUALIFICATIONS .............................................................................. 1-20 DESIGNATION OF SUBCONTRACTORS ..................................................................... 1-21

PART 2 CONTRACT DOCUMENTS .......................................................................................... I CONSTRUCTION CONTRACT........................................................................................ 2-1 PERFORMANCE BOND .................................................................................................. 2-4 PAYMENT BOND ............................................................................................................ 2-6

CONTRACTOR’S CERTIFICATE REGARDING WORKER’S COMPENSATION............. 2-8

PART 3 GENERAL CONDITIONS

SECTION 1 DEFINITIONS AND TERMS ......................................................................... 3-1 SECTION 2 SCOPE OF WORK ....................................................................................... 3-6 SECTION 3 CONTROL OF WORK ................................................................................ 3-16 SECTION 4 CONTROL OF MATERIALS ....................................................................... 3-27 SECTION 5 LEGAL RELATIONS AND RESPONSIBILITY ............................................ 3-30 SECTION 6 PROGRESS AND COMPLETION OF WORK ............................................ 3-45

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SECTION 7 MEASUREMENT AND PAYMENT ............................................................. 3-53

PART 4 SUPPLEMENTAL CONDITIONS (SPECIAL PROVISIONS) ........................................ I SUPPLEMENTAL CONDITIONS (SPECIAL PROVISIONS) ............................................ 4-1

PART 5 TECHNICAL SPECIFICATIONS ............................................................................... 5-1

Attachments:

• Attachment 1 - General Overview, Description of Windows & Flashing, Specifications, and Asbestos & Lead (Hazardous Materials) Report.

CITY HALL WINDOW REPLACEMENT - RETROFIT

PART 1 BIDDING REQUIREMENTS

CITY HALL WINDOW REPLACEMENT - RETROFIT Page | 5

CITY OF MARYSVILLE - REQUEST FOR QUALIFICATION AND PROPOSAL (RFQP)

The following request for qualification and proposal involves labor and materials for the con-struction of :

CITY HALL WINDOW REPLACEMENT – RETROFIT & FLASHING

Sealed proposals will be received and submitted to the City Clerk’s office at 526 C Street, Marysville, CA until 2:00 PM local time on August 6, 2026, at which time and place they will be read out loud.

TENTATIVE CITY SCHEDULE:

Milestone Date & Details

Bid Publication July 15 & July 22, 2026 (published twice, per PCC §20164)

Written Questions / RFI & “Or-Equal” Cutoff

July 30, 2026, 5:00 P.M.

Pre-Bid Site Meeting (Non- Mandatory)

July 28, 2026, 10:30 A.M. — Marysville City Hall, 526 C Street

Bid Opening August 6, 2026, 2:00 P.M. — Office of the City Clerk, 526 C Street

Award of Contract At the next regularly scheduled City Council meeting

Project construction cost estimate: $235,201.71

1. Completion of Work: All work shall be completed within (60) working days from the date designated on the Notice to Proceed.

2. Obtaining Contract Documents: Contract documents including the complete Request for Qualification and Proposal are available for downloading free of charge through the City’s Website system (www.marysville.ca.us/bids-rfps).The bidder must contact the City to be placed on the bidders list.

3. 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 website. A potential Bidder is solely responsible for either contacting the City to receive or checking the City website for notifications and shall be solely responsible for complying with such notifications.

4. Questions: Project-specific questions and RFI’s must be submitted via email to jerry@4jcon.com . All contractor or equal materials shall be submitted with the questions. The City will post responses to Bidder questions on the City website and email to the bidders on the bidders list. The cutoff date for submittal of questions is July 30, 2026 by 5:00 pm local time.

5. Project Scope:

WINDOWS - Remove and Replace existing windows at City Hall and the Police Department with retrofit window units. Existing exterior frames shall remain in place.

Contractor shall protect surrounding wall finishes during installation.

Formatted: Indent: Left: 0.5"

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New Retrofit windows shall be Milgard Tuscany Series V400, or City-approved equivalent, meeting the minimum specifications for glass, energy performance, and finishes as indicated in the Technical Specifications.

The work includes field verification of all dimensions and quantities, coordination with the City representative to Schedule installation around City and Police Department operations, and proper installation of safety glazing where required by code.

Contractor Shall provide two special roof access windows located on the north and south sides requiring casement units with full 90-degree swing as indicated in the drawings.

Submission of Proposals: All proposals must be submitted not later than the date and time prescribed. The Bidder is wholly responsible to ensure its Bid is submitted on the date and at the time and place designated for the opening of bids. Any Bid received after the time and date specified shall not be considered. Any Bid may be withdrawn prior to the scheduled time for opening bids.

Each Bid must conform and be responsive to this notice and consistent with the Contract Documents.

6. Bid Security: Each proposal must be accompanied by a Bid Security in the form of a cashier’s check, certified check, or Bid bond executed on the prescribed form, in an amount not less than ten percent (10%) of the total Bid price payable to the City of Marysville.

Bidders are hereby notified that in accordance with the provisions of Public Contract Code section 22300, securities may be substituted for any monies which the City may withhold pursuant to the terms of this Contract to ensure performance.

7. Construction License: The Bidder Shall Possess a current C-17 Glazing Contractor license issued by the State of California at the time the Bid is submitted and shall maintain such license throughout the duration of the project. The City reserves the right to request documentation verifying licenses.

8. Installer Qualifications: Installer shall be a contractor licensed in the State of California holding a C-17 Glazing Contractor License. Installer shall meet one of the following qualifications:

A. Contractor is an authorized dealer of the specified manufacturer or

B. Installation Supervisor or lead installer holds FGIA/AAMA Installation Masters Certification or equivalent manufacturer-approved installation training.

9. Contractor Registration: All Bidders, and Subcontractors subject to Public Contract Code section 4104, must have registered with the California State Department of Industrial Relations pursuant to Labor Code section 1725.5 prior to submitting a bid.

Furthermore, a Contractor, and all Subcontractors subject to Public Contract Code section 4104, must be registered pursuant to Labor Code section 1725.5 before entering into a contract to work on a public project.

Formatted: Indent: Left: 0.5", First line: 0"

Formatted: Indent: Left: 0.5", First line: 0"

Formatted: Indent: Left: 0.5", First line: 0"

CITY HALL WINDOW REPLACEMENT - RETROFIT Page | 7

10. Wage Rates: Bidders are hereby notified that the California Department of Industrial Relations 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 prevailing wages are on file in the City’s office, and the contents of those schedules are included herein as if set forth in full.

11. Prohibition of Respondent Terms and Conditions: A Bidder 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 Bidder 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 RFQP.

12. 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 RFQP.

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 RFQP.

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 RFQP.

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

13. Proposal of Alternate Services: A Proposal for alternate services (i.e., proposals that offer something different from that requested by the RFQP), will be considered nonresponsive and rejected.

14. Proposal of Additional Services: A Proposal may indicate and offer services in addition to those required by this RFQP. 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, but not used for basis of award of the contract.

15. Severability: If any provision of this RFQP 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 Bidders shall be construed and enforced as if the RFQP did not contain the particular provision held to be invalid.

16. Disclosure of Proposal Contents: All Proposals and other materials submitted to the City related to this RFQP 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 Bidder 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 Bidder is required to clearly label such portion of a

CITY HALL WINDOW REPLACEMENT - RETROFIT Page | 8

Proposal "CONFIDENTIAL" and list the grounds for non-disclosure. In doing so, the Bidder 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.

17. Conflict of Interest and Restrictions: By submitting a Proposal, the Bidder 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 Bidder in connection with the procurement under this

RFQP.

18. 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 Bidder may clearly label any part of a Proposal as "CONFIDENTIAL." In doing so, the Bidder 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 Bidder 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 Bidder to act in protection of its labeled information. Failure to so act shall constitute a complete waiver.

19. Rejection of Bids: 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 RFQP in its entirety.

A Bidder must comply with all of the terms and instruction of this RFQP, and all applicable state and local laws and regulations. Any Bidder that does not meet the requirements or qualifications of this RFQP may be considered to be nonresponsive or not responsible and rejected. A Bidder may not restrict the rights of the City or otherwise qualify a Proposal. If a Bidder does so, the City may determine the Proposal is a nonresponsive counteroffer, and the Proposal may be rejected. 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 RFQP requirements or excuse the Bidder from full compliance with the RFQP. Notwithstanding any variance, the City may hold any Bidder to strict compliance with the RFQP.

20. Disqualification of Bidder: If there is a reason to believe that collusion exists among any Bidders, none of the bids of the participants in such collusion will be considered and the City may likewise elect to reject all bids received.

21. Relief of Bidder: Attention is directed to the provisions of Public Contracts Code section 5101 and the following, concerning relief of Bidders and in particular to the requirements therein that if the Bidder claims a mistake was made in its bid, the Bidder shall give the City written notice, within five (5) days after the opening of bids of the alleged mistake, specifying in the notice, in detail, how the mistake occurred.

It shall be mandatory for the Contractor and any Subcontractor under it to pay not less than the said specified rates to laborers and workmen employed by them in the execution of the Contract.

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22. Award: The award shall be made to the lowest responsive and responsible Bidder whose proposal complies with the specified requirements. The award of the Contract will be made by the Marysville City Council, and the Contractor shall execute the Contract within ten (10) days after it has received the Contract from the City. The City reserves the right to waive any irregularity in the proposals. No Bid may be withdrawn for a period of sixty (60) days after the opening of bids.

23. Qualifications: Bidder must demonstrate that Bidder is qualified to perform the Work as described herein, which includes, but is not limited to, prior project/work experience completing a minimum of three (3) projects of similar size and scope within the previous five (5) years, performing as either a Prime Contractor or Subcontractor. See Attachment 1 “Customer Reference Form” to demonstrate this requirement.

24. Bonds: The successful Bidder will be required to furnish a payment bond in an amount equal to one hundred percent (100%) of the Contract price, and a faithful performance bond in an amount equal to one hundred percent (100%) of the Contract price.

25. Preconstruction Conference: A preconstruction conference will be convened after the Contractor has delivered the necessary bonds, insurance certificates, and signed agreement in proper form as required in the Request for Qualification and Proposal, Bid proposal, and general conditions of these specifications. Prior to any work, the Contractor shall provide the City with a list of key personnel assigned to the project and the telephone numbers where they may be reached at any time. The list shall be made available in sufficient copies and presented at the preconstruction conference.

26. Noisy Work / Work Hour Restrictions: The City Hall and Police Department facilities will remain occupied during construction. Normal City business hours are 8:00 am to 5:00 pm, Monday through Friday. Work that generates excessive noises, vibration, or other disruption to normal City operations, including but not limited to window removal, drilling, cutting, demolition, or similar activities, may be restricted during normal business hours at the discretion of the City. The Contractor may be required to perform such disruptive work during evenings or weekend in order to minimize interference with City Operations. The Contract shall coordinate scheduling of work with the City’s designated representative at least 48 hours in advance. No additional compensation will be allowed for work performed outside normal business hours when required to accommodate City operations. The Contractor shall include in its bid all costs associated with performing work outside normal hours if required.

27. Executive Order N-6-22 – Russia Sanctions: On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

By:

Jerry Handy, Construction Manager

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Date: 7/9/2026

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INSTRUCTIONS TO BIDDERS

1. Introduction

Each Bid shall be in accordance with the Contract Documents.

2. Plans

The plans for the project are provided by Dennis Nelson dated 4-22-25 and revision 10- 7-25

3. Local Conditions

(a) The Bidder shall examine carefully the site of the work contemplated and the Contract Documents. The submission of a proposal shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and the materials to be furnished, and as to the requirements of the Contract Documents.

(b) Where the City Construction Manager has made investigations of surface and subsurface conditions in areas where work is to be performed under the Contract, or in other areas, some of which may constitute possible local material sources, such investigations were made only for the purpose of study and design. Where such investigations have been made, bidders or Contractor may, upon written request, inspect the records of the City Construction Manager as to such investigations subject to and upon the conditions hereinafter set forth. Such inspection of records may be made at the office of the City Construction Manager.

(c) The records of such investigations are not a part of the Contract and are made available for inspection solely for the convenience of the Bidder or Contractor. It is expressly understood and agreed by Bidder or Contractor that neither the City nor the City Construction Manager assumes any responsibility whatsoever with respect to the sufficiency or accuracy of the investigations thus made, the records thereof, or of the interpretation set forth therein or made by the City Construction Manager in his use thereof and there is no representation, warranty or guarantee, either express or implied, that the conditions indicated by such investigations or records thereof are correct or representative of those existing throughout such areas or any part thereof, or that unanticipated developments may not occur or that materials other than, or in proportions different from, those indicated may not be encountered.

(d) The availability or use of information described in this section or the special conditions is not to be construed in any way as a waiver of the provisions of this section and a Bidder or Contractor is cautioned to make such an investigation and examination as it deems necessary to satisfy itself as to conditions to be encountered in the performance of the work and, with respect to possible local material sources, the quality and quantity of material available from such property and the type and extent of processing that may be required in order to produce material conforming to the requirements of the Specifications.

(e) No information derived from such inspection of records of investigations or compilations thereof made by the Construction Manager or the Construction Manager’s assistants, will in any way relieve the Bidder or Contractor from any risk or from properly fulfilling the terms of the Contract.

(f) Information derived from inspection of topographic maps, or from Plans showing location of utilities and structures will not in any way relieve the Contractor from any risk, or from

CITY HALL WINDOW REPLACEMENT - RETROFIT Page | 12 properly examining the site and making such additional investigations as it may elect, or from properly fulfilling all the terms of the Contract.

(g) Each Bidder shall inform itself of, and the Bidder awarded a Contract shall comply with, federal, state and local laws, statutes, and ordinances relative to the execution of the work. This requirement includes, but is not limited to, applicable regulations concerning employment of labor, protection of public and employee safety and health, protection, the protection of natural resources, fire protection, burning and non-burning requirements, permits, fees, and similar subjects.

4. Form of Bid and Signature

(a) Bids shall be submitted and enclosed in a sealed envelope and marked and addressed as hereinafter directed. The Bidder shall state in figures the unit prices or the specific sums as the case may be, for which it proposes to supply the labor, materials, supplies or machinery, and perform the work. Bid prices will be deemed to include all applicable fees and taxes including sales tax. If the Bid is made by an individual, it shall be signed by the individual and the individual’s full name and address shall be given; if it is made by a partnership, it shall be signed with the co-partnership name by a member of the partnership, who shall also sign the member’s own name, and the name and address of each member of such partnership shall be given; and, if it is made by a corporation, the name of the corporation shall be given and it shall be signed by its duly authorized officer or officers attested by the corporate seal, the name and titles of all officers of the corporation shall be given, and the address of the corporation and the state in which incorporated shall be stated.

(b) Bids will be considered only from persons or entities licensed as required under applicable provisions of the Contractor’s License Law (Cal. Bus. and Prof. Code section 7000, et seq.) and rules and regulations adopted pursuant thereto; and each Bidder shall insert its type of Contractor ‘s license, license number, and other requested information in the place provided in the bid. No oral, telephonic or facsimile Bid or modification of a Bid will be considered.

(c) Effective March 1, 2014, all bidders must have registered with the California State Department of Industrial Relations pursuant to Labor Code section 1725.5 prior to submitting a bid. Furthermore, effective April 1, 2015, a Contractor must be registered pursuant to Labor Code section 1725.5 before entering into a contract to work on a public project.

5. Submittal of Bids

(a) All Bids must be submitted not later than the time prescribed, at the place and in the manner set forth in the Request for Qualification and Proposal. A complete Bid requires submission of all documents identified in subsection (d) below. Each Bid must be submitted in a sealed envelope addressed to City of Marysville, City Clerk, 526 C Street, Marysville, California 95901 and designated as a Bid bearing the name of the Bidder and name of the project. The Bidder is wholly responsible to see that its Bid is submitted at the time and place named for the opening of bids.

(b) Bids shall include all Addenda or clarifications issued during the bidding period acknowledged by the bidder’s signature thereon. Failure to so include or acknowledge an addendum or clarification may result in the Bid being rejected as not responsive.

(c) Bids shall be opened at the time and place specified in the Request for Qualification and Proposal, unless changed by addendum.

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(d) Bid documents to be submitted shall include the following:

(1) Signed Proposal

(2) Bid Security (if a Bid bond, to be accompanied by power of attorney, both executed and notarized)

(3) Non-Collusion Declaration

(4) Experience & Qualification Form

(5) Completed Subcontractor List

(6) Bidder’s Checklist

(7) Attachment 1 - Customer Reference Form

6. Preparation of Bid

Blank spaces in the Bid shall be properly completed. The phraseology of the Bid must not be changed and no additions shall be made to the items mentioned therein. Unauthorized conditions, limitations or provisions attached to a Bid will render it informal and may cause its rejection. If erasures, interlineations or other changes appear on the form, each erasure, interlineation or change must be initialed by the person signing the Bid. . Bids received after the time fixed, or received at any place other than the place stated in the Request for Qualification and Proposal may not be considered. All bids will be opened and read publicly. Bidders, their representatives and other interested parties are invited to be present at the opening. Where bonds are required, the Bidder shall name in its Bid the surety or sureties who have agreed to furnish said bonds.

7. Bid Security

(a) All Bids shall be accompanied by a Bid Security. Such Bid Security shall include cash, cashier’s or certified check made payable to the City or a Bid Bond executed by an admitted surety insurer. The Bid Security must be enclosed in the same envelope with the Bid.

The amount of the Bid Security shall be not less than ten percent (10%) of the total amount of the Bid.

(b) The Attorney-in-Fact (resident agent) who executes the Bid Bond on behalf of the surety company must attach a copy of its Power of Attorney as evidence of its authority. A notary shall acknowledge the power as of the date of execution of the surety bond which it covers.

(c) Bid Bonds must be provided on the Bid Bond form furnished by the City. The Bid Bond must be furnished by a company, acceptable to the City, that is authorized and licensed by the Insurance Commissioner as an “admitted surety insurer” and that maintains at least one office in California for conducting business.

8. List of Subcontractors

(a) Each Bidder shall set forth in its Bid on the form provided the following information in accordance with the provisions of Public Contract Code sections 4100-4113:

(1) The name, Contractor ‘s license number, public works Contractor

CITY HALL WINDOW REPLACEMENT - RETROFIT Page | 14 registration number and the location of the place of business of each Subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the prime Contractor, specifically fabricates and installs a portion of the work or improvement according to the Contract Documents, in any amount in excess of one-half of one percent (0.5%) of the prime Contractor’s total Bid, or ten thousand dollars ($10,000.00), whichever is greater.

(2) The portion of the work which will be done by each such Subcontractor.

Only one Subcontractor shall be listed for each such portion of the work as defined in the Bid.

(3) The Bidder is considered the Prime Contractor and shall perform at least 51 percent (51%) of the work, as determined by a percentage of the value of the work.

(b) If the Bidder fails to specify a Subcontractor for any portion of the work to be performed under the Contract, the Bidder agrees to perform that portion of the work itself.

9. Interpretation of Contract Documents

Any explanation desired by the bidders regarding the meaning or interpretation of any of the Contract Documents must be submitted in writing at least five (5) calendar days prior to the Bid opening. Requests for clarification received after the above noted deadline may be answered at the discretion of the Construction Manager or Project Manager. Any such explanations or interpretations will be made in the form of Addenda to the documents and will be furnished to all bidders who shall submit all Addenda with their Bids. Neither the Construction Manager nor any representative of the City is authorized to give oral explanations or interpretations of Contract Documents, and a submission of a Bid constitutes agreement by the Bidder that it has placed no reliance on any such oral explanation or interpretation. However, the Construction Manager may, upon inquiry by bidder, orally direct the bidder’s attention to specific provisions of the Contract Documents which cover the subject of the inquiry. Requests for Clarifications during the Bid period shall be emailed to:

Attn: Jerry Handy

4JCON LLC

Jerry@4jcon.com

10. Modification of Bids

A Bidder may modify its Bid by written communication provided such communication is received by the City prior to the closing time for receipt of Bids. The written communication should not reveal the Bid price but should state the addition or subtraction or other modification so that the final prices or terms will not be known by the City until the sealed Bid is opened.

11. Withdrawals of Bids

Bids may be withdrawn without prejudice by written or facsimile requests received from Bidder prior to the time for opening of Bids, and Bids so withdrawn will be returned to bidders unopened when reached in the process of opening Bids. No Bid may be withdrawn after the hour affixed for opening Bids without rendering the accompanying Bid Security subject to retention as liquidated damages in like manner as in the case of failure to execute the Contract

CITY HALL WINDOW REPLACEMENT - RETROFIT Page | 15 after award, as in the Contract Documents herein provided. Negligence on the part of the Bidder preparing its Bid shall not constitute a right to withdraw the Bid subsequent to the opening of Proposals.

12. Discrepancies

In the case of discrepancy between unit prices and totals, unit prices will prevail and the City will recalculate the Bid total based on the unit prices and estimated quantities. In case of discrepancy between words and figures, words will prevail.

13. Servicing and Maintenance

Each Bidder must, if requested, furnish evidence that there is an efficient service organization which regularly carries a stock of repair parts for any proposed equipment to be furnished and installed in the work and that the organization is conveniently located for prompt service.

14. Disqualification of Bidders

(a) More than one Bid from an individual, firm, partnership or corporation under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership or corporation is interested in more than one Bid for the work contemplated may cause the rejection of all Bids in which the individual, firm, partnership or corporation is interested. If there is reason for believing that collusion exists among the bidders, any or all Bids may be rejected. Bids in which the price is obviously unbalanced may be rejected.

(b) All bidders are put on notice that any collusive agreement fixing the prices to be Bid so as to control or affect the awarding of this Contract is in violation of the competitive bidding requirements of the Public Contract Code and may render void any Contract let under such circumstances.

15. Opening & Award of Contract

Bids will be opened publicly and read aloud at the time and date established in the Request for Qualification and Proposal. Bid Summaries may be made available to Bidders after the Bid Date.

(a) 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.

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

(c) 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. 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.

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(d) The award of the Contract, if it is awarded, will be to the lowest responsive responsible Bidder whose Bid complies with the requirements and qualifications set forth herein.

(e) 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.

16. 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 Public Works of the City of Marysville 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.

17. Contract Bonds

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(a) The successful Bidder shall furnish both a Performance Bond and a Payment Bond in the amount of one hundred percent (100%) of its Total Bid Price.

(b) These Bonds shall be furnished in the forms enclosed following the Contract and shall be satisfactory to the City and shall be obtained from a responsible corporate surety (or sureties) acceptable to the City, which is admitted by the State of California to act as surety upon bonds and undertakings and which maintains in this State at least one office for the conduct of its business. The surety (or sureties) shall furnish reports as to its financial condition from time to time as requested by the City. The premiums for said Bonds shall be paid by the successful bidder.

(c) These Bonds shall be furnished by companies who are authorized and licensed by the Insurance Commissioner as an “admitted surety insurer.” The surety shall provide the City with the documentation required by Section 995.660 of the California Code of Civil Procedure.

(d) If any surety becomes unacceptable to the City or fails to furnish reports as to its financial condition as requested by the City, the Contractor shall promptly furnish such additional security as may be required from time to time to protect the interests of the City and of persons supplying labor or materials in the prosecution of the work contemplated by this Contract.

(e) In the event of any conflict between the terms of the Contract and the terms of the Bonds, the terms of the Contract shall control and the Bonds shall be deemed to be amended thereby. Without limiting the foregoing, the City shall be entitled to exercise all rights granted to it by the Contract in the event of default, without control thereof by the surety, provided that the City gives the surety notice of such default at the time or before the exercise of any such right by the City, and, regardless of the terms of said Bonds, the exercise of any such right by the City shall in no manner affect the liability of the surety under said Bonds.

18. Substitution of Securities for Monies Withheld

Bidders are hereby notified that in accordance with the provisions of Public Contract Code section 22300, securities may be substituted for any monies which the City may withhold pursuant to the terms of the Contract to insure performance.

19. Execution of Contract

The successful Bidder will be notified in writing by the City of the award of the Contract within sixty (60) days after opening of Bids. Accompanying the City’s Notice of Award will be the Contract, in triplicate, which the successful Bidder will be required to execute and return, together with the Performance Bond and Payment Bond, and the required certificates and policies of insurance together with the required endorsements thereto for the Contractor and the workers compensation certificate to the City within ten (10) days following receipt of such Notice of Award. Failure to do so shall be just cause for annulment of the award and for forfeiture of the Bid Security which shall be retained as liquidated damages, and it is agreed that the bond sum is a fair estimate of the amount of damages that the City will sustain by reason of such failure. The City will promptly determine whether such Contract, Bonds and insurance are as required by the Contract Documents, and upon such determination will forward a fully executed copy of the Contract and a Notice to Proceed with the work to the successful bidder. Signature by both parties constitutes execution of the Contract. In the event of failure of the lowest responsible Bidder to sign and return the Contract with acceptable Bonds and insurance as prescribed herein, the City may award the Contract to the next lowest responsible bidder, and, CITY HALL WINDOW REPLACEMENT - RETROFIT Page | 18 in the event that Bidder fails to sign and return the Contract with acceptable Bonds and insurance, the City may award the Contract to the then next lowest responsible bidder, etc.

20. Return of Bid Securities

All Bid Securities will be held until the Contract has been finally executed, after which all Bid Securities, other than any Securities which have been forfeited, will be returned to the respective bidders.

21. Power of Attorney

The Attorney-in-Fact (resident agent) who executes the Performance Bond and Payment Bond on behalf of the surety company must attach a copy of its Power of Attorney as evidence of its authority. A notary shall acknowledge the power as of the date of the execution of the surety bond which it covers.

22. Time of Completion

The time of completion of the work to be performed under this Contract is the essence of the Contract. Delays and extensions of time may be allowed in accordance with the provisions of the General Conditions. The time allowed for the completion of the work is stated in the Contract.

23. Licensing and Registration Requirements for Contractors

All bidders, including general contractors and specialty contractors, shall hold such licenses as may be required by the laws of the State of California for the performance of the work specified in the Contract Documents.

All bidders, and Subcontractors subject to Public Contract Code section 4104, must have registered with the California State Department of Industrial Relations pursuant to Labor Code section 1725.5 prior to submitting a bid. Furthermore, a Contractor , and all Subcontractors subject to Public Contract Code section 4104, must be registered pursuant to Labor Code section 1725.5 before entering into a contract to work on a public project.

24. Escrow of Bid Documents

Upon award of the job to the successful bidder, and at the time of execution of this Contract, Contractor shall present all documentation used by the successful Bidder in arriving at the Bid upon which the Contract was awarded (“Bid Documentation”) to the City of Marysville.

Such documentation shall be presented in a sealed envelope or box. Notice to Proceed will not be granted until City receives notice that such documentation has been received. This Bid Documentation shall include, but not be limited to any documents, pictures, or writings which relate to, arise out of, or constitute in any way notes, memoranda, phone logs, Subcontractor and materialmen estimates, computations, or the like used by, complied by, or drafted by the successful Bidder or its agents in arriving at its Bid for the Project. The City Construction Manager and Project Manager may consult the Bid Documents as needed during the course of the Project and in connection with the resolution of all such disputes. After Project Completion and payment and the resolution of such disputes, the Bid Documents will be returned to the Contractor.

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25. Prevailing Wages

Copies of the current schedules for prevailing wages are on file in the City’s office, and the contents of those schedules are included herein as if set forth in full. Copies of the prevailing rate of per diem wages may also be obtained from the Department of Industrial Relations, P.O.

Box 420603, San Francisco, CA 94142-0603, Attn: Chief, Division of Labor Statistics and Research or online at: http://www.dir.ca.gov/oprl/dprewagedetermination.htm.

26. Preconstruction Conference

A preconstruction conference will be convened after the Contractor has delivered the necessary bonds, insurance certificates and signed agreement in proper form as required in the Request for Qualification and Proposal, Bid proposal and general conditions of these specifications. Prior to any work, the Contractor shall provide the City with a list of key personnel assigned to the project and the telephone numbers where they may be reached at any time.

The list shall be made available in sufficient copies and presented at the preconstruction conference.

27. Defined Terms

The defined terms in the Construction Documents have the same meaning as those set forth in the General Conditions, Article 1.03.

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BIDDER’S CHECKLIST

All items on the Bidder’s Checklist must be initialed, dated and submitted for the Proposal to be considered complete. The City of Marysville reserves the right to award a Contract in a manner and on the basis which will best serve the City, taking into consideration the information in the statement of Bidder’s qualifications and past work history with the City.

The Bidder’s attention is especially called to the following items which must be executed in full as required:

1. BID PROPOSAL

A proposal is to be created and signed by the Bidder.

Initial: Date:

2. BID SECURITY

The Bid bond is to be executed by the Bidder and the surety company unless Bid is ac-companied by cash or certified check. The amount of this Bid bond shall be not less than ten percent (10%) of the total amount Bid and may be shown in dollars or on a percent-age basis.

Initial: Date:

3. NON-COLLUSION DECLARATION

A Non-Collusion Declaration must be filled out, signed, and submitted with the Bid pro-posal for the Bid documents to be considered complete.

Initial: Date:

4. EXPERIENCE QUALIFICATIONS

A statement of the Bidder’s Experience & Qualifications (page 1-20) must be filled out, signed, and submitted with the Bid proposal for the Bid documents to be considered complete.

Initial: Date:

5. DESIGNATION OF SUBCONTRACTORS

A Designation of Subcontractors must be filled out and submitted with the Bid proposal for the Bid documents to be considered complete.

Initial: Date:

6. INSURANCE

The insurance requirements, Section 5.42 of the General Conditions, for this project have been read and understood.

Initial: Date:

7. SITE VISIT

The Bidder certifies that it has toured the project site and is familiar with the work in-volved.

Initial: Date:

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8. PERFORMANCE AND PAYMENT BONDS (IN PART 2)

The Bidder understands that a performance bond issued by an approved surety equaling one hundred percent (100%) of the Contract amount will be required. A payment bond equaling one hundred percent (100%) of the Contract amount will also be required.

Initial: Date:

9. WORK SCHEDULE

The City makes no guarantee as to the method of work chosen by the Bidder. It is the Bidder’s responsibility to plan and schedule the work in order to complete the work in the time specified in the Special Provisions.

Initial: Date:

10. ADDENDA

The Bidder acknowledges that it must sign and attach any applicable Addenda to the Bid proposal.

Initial: Date:

11. CONTRACTOR’S CERTIFICATE REGARDING WORKERS COMPENSATION (IN

PART 2)

The Bidder acknowledgment that Worker’s Compensation Insurance will be required for this project.

12. Attachment 1 - Customer Reference Form

A…