Bid Notice.pdf

CITY OF PETALUMA

PETALUMA, CALIFORNIA

CONTRACT DOCUMENTS FOR

FY 26/27

PAVEMENT PREVENTATIVE MAINTENANCE

E16102657

AIRPORT HANGAR PAVEMENT MAINTENANCE

E61502656

(Notice Inviting Bids, Instructions to Bidders, Bid Forms, General Conditions, Special Provisions, Technical Specifications, Construction Agreement, Bond Forms, Project Drawings)

CITY PROJECT NO. E16102657 and E61502656

CITY OF PETALUMA - SONOMA COUNTY - CALIFORNIA

Bid Opening: Thursday, October 22, 2026, at 2:00 p.m.

Questions concerning interpretation of improvement plans, special provisions, contract documents and bid items shall be directed to:

Department of Public Works

1318 Redwood Way, Ste. 120

Petaluma, CA. 94954

Phone: (707) 778-4435 Fax: (707) 206-6034

Attention: Hailey Bautista

Office Hours: Monday through Thursday - 8:00 to 5:00 p.m. Friday – 8:00 to 4:00 p.m.

CITY OF PETALUMA

PETALUMA, CALIFORNIA

FY 26/27

PAVEMENT PREVENTATIVE MAINTENANCE

E16102657

AIRPORT HANGAR PAVEMENT MAINTENANCE

E61502656

CITY OF PETALUMA - SONOMA COUNTY - CALIFORNIA

Prepared by:

Jeff Stutsman, P.E.

Date

Docusign Envelope ID: AF1D7643-EAD5-8086-82DA-997BC17B9EE1

10/5/2026

TABLE OF CONTENTS

SECTION DESCRIPTION

Notice Inviting Bids

Instructions to Bidders

I. BID FORMS (To Be Submitted With Bids)

Non-Collusion Affidavit

Bid Proposal Certificate (if Corporation/if Partnership/if Joint Venture)

Proposal

Bid Schedule

List of Subcontractors

List of Materials, Suppliers and Material Guarantee

Questionnaire and Financial Assurance Statement Form

Site Visit Affidavit

Bid Bond

II. GENERAL CONDITIONS

00 71 00 Definitions

00 72 01 Preliminary Matters

00 72 02 Intent and Use of Contract Documents

00 72 03 Site of the Work

00 72 04 Bonds and Insurance

00 72 05 Contractor’s Responsibilities

00 72 06 Other Work

00 72 07 City’s Responsibilities

00 72 08 Engineer’s Status During Construction

00 72 09 Changes in the Work

00 72 10 Change of Contract Price

00 72 11 Change of Contract Times

00 72 12 Inspections and Tests; Correction, Removal or Acceptance of

Defective Work

00 72 13 Payments to Contractor and Completion

00 72 14 Suspension of Work and Termination

00 72 15 General Terms

00 72 16 California State Requirements

III. SPECIAL PROVISIONS

00 73 00 General Administrative Provisions

00 73 01 Project Planning and Management

00 73 02 Site Management and Safety

00 73 03 Utilities and Infrastructure

00 73 04 Coordination Requirements

00 73 05 Construction Requirements

00 73 07 Project Closeout

IV. TECHNICAL SPECIFICATIONS

30 Mobilization Demobilization

50 Traffic Control

60 Storm Water Management and Erosion Control

120 Signs

130 Traffic Striping and Pavement Markings

180 Final Cleanup

190 Preservation of Property

310 Asphalt Concrete

320 High Volume Slurry Seal

330 Crack Seal Treatment

P-620 Runway and Taxiway Marking

P-626 Emulsified Asphalt Slurry Seal Surface Treatment

V. CONSTRUCTION AGREEMENT

Agreement

Faithful Performance Bond

Labor and Materials Bond

Maintenance Bond

Exhibit B, Insurance Requirements

VI. PROJECT PLANS

Pavement Preservation 25/26

Notice of Inviting Bids

Rvs’d 4.2025

NOTICE INVITING BIDS

1. RECEIPT OF BIDS: Sealed Bids will be received at the office of the City Clerk of the

City of Petaluma located at 11 English Street, Room 4, Petaluma, CA 94952-2610, until

2:00 PM on Thursday, October 22, 2026, for the FY26/27 Pavement Preventative

Maintenance (E16102657) & Airport Hangar Pavement Maintenance (E61502656). Any

Bids received after the specified time and date will not be considered. Fax and other electronically transmitted Bids will not be accepted.

2. OPENING OF BIDS: The Bids will be publicly opened and read at 2:00 PM on Thursday, October 22, 2026 at the above-mentioned office of the CITY. The CITY reserves the right to postpone the date and time for the opening of Bids at any time prior to the aforesaid date and time.

3. COMPLETION OF WORK: The WORK must be completed with 60 working days after the commencement date stated in the Notice to Proceed.

4. DESCRIPTION OF WORK: The WORK includes but is not limited to.

The installation of high volume slurry seal, crack sealing and pavement striping.

A full description of the WORK is as set forth within the plans and specifications and all contracting documents associated thereto.

NOTICE OF DEFERRED PROJECT START

Bidders are advised that the Work will not commence before March 1, 2027, and may commence later at the City’s discretion. All bid prices must remain firm and valid through issuance of the Notice to Proceed. Bidders shall include in their bid all costs and risks associated with the deferred start. No price escalation or other adjustment will be permitted due to the time between bid opening and commencement of the Work.

5. SITE OF WORK: The site of the WORK is located: Various locations in the City of

Petaluma and at the Petaluma Municipal Airport.

6. OBTAINING CONTRACT DOCUMENTS: The Contract Documents are entitled

“FY26/27 Pavement Preventative Maintenance (E16102657) & Airport Hangar Pavement

Maintenance (E61502656)”.

The Contract Documents may be obtained between the hours of 8:00 A.M. to 4:00 P.M., Monday through Thursday at the office of Public Works, 1318 Redwood Way, Suite 120, Petaluma, CA 94954.

If you would like to receive the bid document via the CITY’s website, at no cost, please go to:

• https://cityofpetaluma.org/bid-opportunities-2/

• Fill out the Plan Holder’s form by clicking on the Plan Holder’s form link

• Fill in all fields

• Click on the submit button at the end of the form

Submit the Plan Holder’s form on-line automatically puts you on the CITY’s Bidders List and you will be notified of any Addendums or information pertaining to the bis by email.

If you would like to purchase bid documents, please call Phone No. 707-778-4585, Attention: Tiffany Avila, upon payment of $75.00 (non-refundable) for each set of Contract

Documents (including technical specification and accompanying reduced scale drawings).

The scale of the reduced drawings is about one-half of the original scale. At the Bidder’s request and expense, the Contract Documents may be sent by overnight mail.

☒ Full-scale drawings are not available.

☐ If full-scale drawings are available and desired, they may be purchased at reproduction cost from .

7. BID SECURITY: Each Bid shall be accompanied by a certified or cashier’s check or Bid

Bond executed by an admitted surety in the amount of 10% percent of the Total Bid Price payable to the City of Petaluma as a guarantee that the Bidder, if its Bid is accepted, will promptly execute the Agreement. A Bid shall not be considered unless one of the forms of

Bidder’s security is enclosed with it. Upon acceptance of the Bid, if the Bidder refuses to or fails to promptly execute the Agreement the Bidder’s security shall be forfeited to the CITY.

8. CONTRACTOR’S LICENSE CLASSIFICATION: In accordance with the provisions of

California Public Contract Code Section 3300, the CITY has determined that the

CONTRACTOR shall possess a valid Class A, C-12, or C-32 license at the time that the

Contract is awarded. Failure to possess the specified license shall render the Bid as non-responsive and shall act as a bar to award of the Contract to any bidder not possessing said license at the time of award pursuant to labor Code Section 1725.5, subject to limited legal exceptions.

9. PREFERENCE FOR MATERIAL: Any specification designating a material, product, thing, or service by specific brand or trade name, followed by the words “or equal” or “or equivalent” is intended only to indicate quality and type of item desired. Substitute products will be considered prior to award of the Contract in accordance with Section 3400 of the

California Public Contract Code. The Bidder will submit data substantiating its request for a substitution of “an equal” item within 14 days following submission of its Bid.

Substantiation date will conform to the requirements of the instructions for Proposed

Substitutions of “or equal” items contained in the bid Forms. The ENGINEER will make a determination of approval of rejection of the proposed substitution prior to the award of the

Contract. No request for substitution of “an equal” items will be considered by the

ENGINEER after award of the Contract. This provision does not apply to materials, products, things, or services that may lawfully be designated by a specific brand or trade name under Public Contract Code Section 3400(c).

10. REJECTION OF PROPOSALS: The CITY reserves the right to reject all or any part of all bids submitted, waive informalities and irregularities, and will not, to the extent allowed by law, be bound to accept the lowest bid.

11. BIDS TO REMAIN OPEN: The Bidder shall guarantee the total bid price for a period of

90 calendar days from the date of bid opening.

12. CALIFORNIA PREVAILING WAGE RATE REQUIREMENTS: In accordance with the provisions of California Labor Code Sections 1770,1773, 1773.1, and 1773.7 as amended, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773 for the locality in which the WORK is to be performed. A copy of said wage rates is on file at the office of the City Clerk and is available to any interested party upon request. A copy of the prevailing rate of per diem wages are also online at http://www.dir.ca.gov/DLSR.

Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Project. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half. It shall be mandatory upon the CONTRACTOR to whom the WORK is awarded and upon any subcontractor under the CONTRACTOR to pay not less than said specified rates to all workers employed by them in the execution of the WORK. The Contract will be subject to compliance monitoring and enforcement by the Department of Industrial

Relations under labor Code Section 1771.4. Additionally, CONTRACTOR shall post job sit notices as required by Labor Code section 1771.4.

13. LABOR COMPLIANCE PURSUANT TO CALIFORNIA LABOR CODE §1771.1: A

contractor of subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirement of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in Division 2, Part 7, Chapter 1 of the Labor Code, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by

Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time contract is awarded.

14. RETAINAGE FROM PAYMENTS: The CONTRACTOR may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the CITY, by depositing securities of equivalent value with the CITY in accordance with the provisions of Section 22300 of the Public Contract

Code. Alternatively, the CONTRACTOR may request, and the CITY shall make payment of retentions earned directly to the escrow agent at the expense of CONTRACTOR. At the expense of the CONTRACTOR, the CONTRACTOR may direct the investments of the payments into securities and the CONTRACTOR shall receive the interest earned on the investments upon the same terms as provided in Section 22300 of the Public Contract Code for securities deposited by the CONTRACTOR. The CONTRACTOR shall be responsible for paying all fees for the expense incurred by the escrow agent in administering the escrow account and all expenses of the CITY. These expenses and payment terms shall be determined by the CITY’s Finance Director or their designee and the escrow agent. Upon satisfactory completion of the WORK, the CONTRACTOR shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the CITY, pursuant to the terms of Section 22300 of the Public Contract Code. Such securities, if deposited by the CONTRACTOR, shall be valued by the CITY, whose decision on valuation of the securities shall be final. Securities eligible for investment under this provision shall be limited to those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters or credit, or any other security mutually agreed to by the CONTRACTOR and the

CITY.

15. PAYMENT BOND: Pursuant to and in accordance with California Civil Code Section

9550, a payment bond must be filed if the expenditure for the WORK is in excess of Twenty-

Five Thousand Dollars ($25,000.00).

16. PRE-BID CONFERENCE VISITS: [At least one box below MUST be checked]

☒ Check if no pre-bid conference/site is to be held.

☐ Mandatory pre-bid conference/site visit to be held: Prospective bidders are required to attend a mandatory pre-bid conference/site visit at N/A

(enter time) on N/A, at the N/A, offices at N/A. Prospective bidders that fail to attend the mandatory pre-bid conference/site visit will be ineligible to bid on the project. Following the conference at City offices, City staff and prospective bidders will meet at the project Site.

Transportation to the project site will be the responsibility of prospective bidders. The purposes of the conference/site visit are to discuss the scope of the project and bidding requirements and to acquaint bidders with Site conditions.

No information communicated at the pre-bid conference/site visit may amend the project bidding requirements. Project bidding requirements may only be amended by addenda issued by authorized City officials. Following the pre-bid conference/site visit, prospective bidders may submit detailed technical questions in writing. If warranted, the City may respond to such questions by addenda.

☐ Non-Mandatory pre-bid conference/site visit to be held: Prospective bidders are invited to attend a non-mandatory pre-bid conference/site visit at on at the . Following the conference City offices, City staff and prospective bidders will meet at the project Site.

Transportation to the project site will be the responsibility of prospective bidders. The purposes of the conference/site visit are to discuss the scope of the project and bidding requirements, and to acquaint bidders with Site conditions.

No information communicated at the pre-bid conference/site visit may amend the project bidding requirements. Project bidding requirements may only be amended by addenda issued by authorized City officials.

Following the pre-bid conference/site visit, prospective bidders may submit detailed technical questions in writing. If warranted, the CITY may respond to such questions by addenda.

17. PROJECT ADMINISTRATION: All communications relative to the WORK shall be directed to the ENGINEER prior to opening of the Bids.

18. FINDING OF SUBSTANTIAL COMPLEXITY: Pursuant to Public Contract Code

Section 7201(b)(3) the CITY’s Public Work’s Director has found that the WORK is substantially complex due to: the amount of technical and scientific knowledge needed to complete the project; the amount of resources needed to complete the project including amount of days, workers, and labor; the urgency for project completion; the amount of tasks needed to complete the project; the number of organizational stakeholders needed to satisfy;

the environmental complexity of the conditions; and in particular complex traffic control, coordination with residents, businesses, fire station, schools, and hospitals, and coordination with airport operations, and therefore this is a unique project that is not regularly performed and requires a higher retention amount than 5 percent.

Notwithstanding Public Contract Code Section 7201 or any other law or regulation that purports to provide otherwise, public contracting is a quintessential municipal affair, subject to charter cities’ home rule power, and the California Constitution grants charter cities supreme authority over municipal affairs, which include public works, procurement, and the mode of municipal contracting (See, Public Contract Code Section 1100.7 and e.g., Bishop

v. City of San Jose (1969) 1 C3rd 56)., and it is the courts, not the legislature, that determines which matters are municipal affairs (see, e.g., California Federal Savings and Loan v. City of Los Angeles (1991) 54 C3d 1): and

Article X, Section 67 of the Petaluma Charter provides in pertinent part:

…no progressive payments can be provided for or made at any time which, with prior payments, if there have been such, shall exceed in amount at that time ninety percent of the value of the labor done and the materials used up to that time, and no contract shall provide for or authorize or permit or permit the payment of more than ninety percent of the contract price before the completion of the work done under said contract and the acceptance thereof…; and

City charters are documents of limitation and a restriction on the City

Council’s powers imposed by the voters (see, e.g., City of Glendale v.

Trondsen (1957) 48 C2d 93) and, as a result, the City Council’s contracting power is limited by the retention requirement in Article X, Section 67, and the City Council and City Council and City staff lack the power to provide for public works contract retention other than as specified in the City

Charter.

19. GOVERNMENT CODE SECTION 1090: The successful Bidder may be precluded from competing for, or participating in, subsequent contracts that result from or relate to the

WORK performed pursuant to this Bid. The ethics laws that apply to the City and all its consultants, contractors, and vendors include California Government Code Section 1090 and following, which prohibits government officials, employees, and contractors from participating in making government contracts in which the official, employee or contractor has a financial interest. Because City contractors always have a financial interest in their

City contracts, the Section 1090 prohibition regarding City contractors focuses on whether a contractor is or would be “making a government contract” in a quasi-governmental capacity for purposes of Section 1090. Section 1090 prohibits City contractors from using their role as a contractor to influence how the City spends the public’s funds in a way that benefits the contractor. Penalties for violating Section 1090 are severe, and may include felony criminal penalties, permanent disqualification from holding public office in

California, disgorgement of any benefit received by the financially interested contractor, civil and administrative penalties, and voiding of the prohibited contract.

NAME: Hailey Bautista

ADDRESS: City of Petaluma - Public Works Dept.

1318 Redwood Way, Ste. 120

Petaluma, CA 94954

PHONE: (707) 778-4435

20. CITY’S RIGHTS RESERVED: The CITY reserves the right to reject any or all bids, to waive any minor irregularity in a bid, and to make awards to the lowest responsive, responsible bidder as it may best serve the interest of the CITY.

CITY: City of Petaluma

BY:

Caitlin Corley, City Clerk

DATE: October 5, 2026

END OF INVITING BIDS

INSTRUCTIONS TO BIDDERS

November 2023

1. DEFINED TERMS. Terms used in these Instructions to Bidders and the Notice Inviting

Bids which are defined in the General Conditions have the meanings assigned to them in the General Conditions. The term “Bidder” means one who submits a Bid directly to CITY, as distinct from a sub-bidder, who submits a price or quote to a Bidder.

2. LOCAL BUSINESS LICENSE. All CONTRACTORS, including subcontractors, not already having a local business license for the work contemplated, will be required to secure the appropriate license before a Contract can be executed.

3. INTERPRETATIONS AND ADDENDA.

3.1 All questions about the meaning or intent of the Contract Documents are to be directed to the ENGINEER. Additions, deletions, or revisions to the Contract Documents considered necessary by the ENGINEER in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by the ENGINEER as having received the

Contract Documents. Questions are due October 19, 2026 by 12:00 PM. Only answers to such questions issued by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

3.2 Addenda may also be issued to make other additions, deletions, or revisions to the Contract

Documents.

3.3 Bidders shall make no special interpretation or inference of intent from differing formats in the Technical Specifications.

4. BIDDER’S EXAMINATION OF CONTRACT DOCUMENTS AND SITE.

4.1 It is the responsibility of each Bidder before submitting a Bid:

A. To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including “technical” data referred to below);

B. To visit the site to become familiar with local conditions that may affect cost, progress, or performance of the WORK;

C. To consider federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the WORK;

D. To study and carefully correlate the Bidder’s observations with the Contract

Documents; and

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E. To notify the ENGINEER of all conflicts, errors, ambiguities, or discrepancies in or between the Contract Documents and such other related data.

4.2 Reference is made to the Supplementary General Conditions for identification of:

A. Those reports of explorations and tests of subsurface conditions at the site which have been utilized by the ENGINEER in the preparation of the Contract

Documents.

B. Those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Utilities) which are at or contiguous to the site which have been utilized by the ENGINEER in the preparation of the

Contract Documents.

C. Those environmental reports or drawings relating to Asbestos, Hazardous Waste, PCBs, Petroleum, and/or Radioactive Materials identified at the site which have been utilized by the ENGINEER in the preparation of the Contract Documents.

D. The ENGINEER makes no representation as to the completeness of the reports or drawings referred to in Paragraphs 4.2A, 4.2B, and 4.2C. above or the accuracy of any data or information contained therein. The Bidder may rely upon the accuracy of the technical data contained in such reports and drawings. However, the Bidder may not rely upon any interpretation of such technical data, including any interpretation or extrapolation thereof, or any non-technical data, interpretations, and opinions contained therein.

4.3 Copies of reports and drawings referred to in Paragraph 4.2 will be made available by the

CITY to any Bidder on request, if said reports and drawings are not bound herein. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which the Bidder is entitled to rely, are incorporated herein by reference.

4.4 Information and data reflected in the Contract Documents with respect to Underground

Utilities at or contiguous to the site are based upon information and data furnished to the

ENGINEER by the owners of such Underground Utilities or others, and the CITY does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary General Conditions.

4.5 Provisions concerning responsibilities for the adequacy of data furnished to prospective

Bidders on subsurface conditions, Underground Utilities, and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in

Paragraphs 4.2, 4.3, and 4.4 of the General Conditions.

4.6 Before submitting a Bid, each Bidder will, at Bidder’s own expense, make or obtain any additional examinations, investigations, explorations, tests, and studies and obtain any

November 2023 additional information and data which pertain to the physical conditions (surface, subsurface, and Underground Utilities) at or contiguous to the site or otherwise which may affect cost, progress, or performance of the WORK and which the Bidder deems necessary to determine its Bid for performing the WORK in accordance with the time, price, and other terms and conditions of the Contract Documents.

4.7 On request a minimum of 2 working days in advance, the ENGINEER 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. Location of any excavation or boring shall be subject to prior approval of ENGINEER and applicable agencies. Bidder shall fill all holes, restore all pavement to match existing structural section, and shall clean up and restore the site to its former condition upon completion of such explorations. ENGINEER reserves the right to require Bidder to execute an Access

Agreement with the CITY prior to accessing the site.

4.8 The lands upon which the WORK is to be performed, rights-of-way, and easements for access thereto and other lands designated for use by the CONTRACTOR in performing the

WORK are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the CONTRACTOR. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the CITY unless otherwise provided in the Contract Documents.

4.9 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Paragraph 4 and the following:

A. That the Bid is premised upon performing the WORK required by the Contract

Documents without exception and such means, methods, techniques, sequences, or procedures of construction (if any) as may be required by the Contract Documents;

B. That Bidder has given the ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies in the Contract Documents and the written resolution thereof by the ENGINEER is acceptable to the Bidder; and

C. That the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the WORK.

5. BID FORMS. The Bid shall be submitted on the Bid Forms provided by the City. All blanks on the Bid Forms shall be completed in ink. All names must be printed below the signatures. The Bid shall be submitted in a sealed envelope which shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words “BID FOR” followed by the title of the Contract Documents for the WORK, the name of the CITY, the address where Bids are to be delivered or mailed to, and the date and hour of opening of Bids.

November 2023

5.2 The Bid must set forth the name and 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 a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the

WORK according to detailed Drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor’s total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of 1 percent of the prime contractor’s total bid or ten thousand dollars

($10,000), whichever is greater.

6. CERTIFICATES.

6.1 Bids by corporations must be executed in the corporate name by the president, a vice-president, or other corporate officer. Such Bid shall be accompanied by the enclosed

Certificate of Authority to sign, attested by the secretary or assistant secretary, and with the corporate seal affixed. The corporate address and sate of incorporation must appear below the signature.

6.2 Bids by partnerships must be executed in the partnership name and be signed by a managing partner, accompanied by the enclosed Certificate of Authority to sign, and his/her title must appear under the signature and the official address of the partnership must appear below the signature.

6.3 Bids by joint venture must be executed in the joint venture name and be signed by a joint venture managing partner, accompanied by the enclosed Certificate of Authority to sign, and his/her title must appear under the signature and the official address of the joint venture must appear below the signature.

7. DISQUALIFICATION OF BIDDERS. More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If the CITY believes that any Bidder is interested in more than one Bid for the

WORK contemplated, all Bids in which such Bidder is interested will be rejected. If the

CITY believes that collusion exists among the Bidders, all Bids will be rejected. A party who has quoted prices to a bidder is not hereby disqualified from quoting prices to other

Bidders, or from submitting a Bid directly for the WORK. If a Bidder is not registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 and Section

1771.1, then the Bid may be rejected as non-responsive.

8. QUANTITIES OF WORK. The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of the WORK; the

OWNER does not expressly or by implication agree that the actual amount of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price item of the WORK by an amount up to and including

25 percent of any Bid item in its entirety, or to add additional Bid items up to and including an aggregate total amount not to exceed 25 percent of the Bid price.

9. SUBSTITUTE OR “OR EQUAL” ITEMS. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a particular manufacturer and the name is followed by the words “or equal”, the Bidder may write the name of a substitute manufacturer (which the Bidder considers as an “or equal”) in the List of Proposed Substitutions in the Bid Forms. The ENGINEER will make a determination of approval or rejection of the proposed substitution prior to award of the Contract. No request for substitution of an “or equal” item will be considered by the ENGINEER after award of the Contract. The procedure for the submittal of substitute or “or equal” products is contained in the Bid Forms. The Bidder shall not be relieved of any obligations of the

Contract Documents or be entitled to an adjustment in the Contract Price in the event any proposed substitution is not approved.

10. COMPETENCY OF BIDDERS. In selecting the lowest responsive, responsible Bidder, consideration will be given not only to the financial standing but also to the general competency of the Bidder for the performance of the WORK covered by the Bid. To this end, each Bid shall be supported by a statement of the Bidder’s experience as of recent date including: (a) all projects worked on by the Bidder over the past three (3) years including the contract amount for each project; (b) all complaints made against the Contractor’s license in the past ten (10) years; and (c) all claims and lawsuits presented or filed in the last five (5) years, regardless of the form, regarding any public works project.

11. SUBMISSION OF BIDS. The Bid shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the Bidder’s sole responsibility to see that its Bid is received in proper time and at the proper place.

12. BID SECURITY, BONDS, AND INSURANCE. Each Bid shall be accompanied by a certified or cashier’s check or approved Bid Bond in the amount stated in the Notice

Inviting Bids. Said check or bond shall be made payable to the CITY and shall be given as a guarantee that the Bidder, if awarded the WORK, will enter into an Agreement with the CITY and will furnish the necessary insurance certificates, Payment Bond, and

Performance Bond. In case of refusal or failure to enter into said Agreement, the check or

Bid Bond, as the case may be, shall be forfeited to the CITY. If the Bidder elects to furnish a Bid Bond as its Bid security, the Bidder shall use the Bid Bond form bound herein. Bid

Bonds shall comply with the requirements applicable to payment and performance bonds in the General Conditions.

12.1 BIDDING CAPACITY. Each Bid shall be accompanied by a list of the projects currently being worked on by Bidder, their size, contract price, scheduled completion date, location, and owner. Additionally, Bidder shall provide certified evidence of its current bonding capacity.

13. DISCREPANCIES IN BIDS. In the event there is more than one Bid item in a Bid

Schedule, the Bidder shall furnish a price for all Bid Items in the Schedule, and failure to do so will render the Bid non-responsive and shall cause its rejection. In the event there

November 2023 are unit price Bid items in a Bidding schedule and the amount indicated for a unit price Bid item does not equal the product of the unit price and quantity, the unit price shall govern and the amount will be corrected accordingly, and the BIDDER shall be bound by said correction. In the event there is more than one Bid item in a Bid Schedule and the total indicated for the Schedule does not agree with the sum of the prices Bid on the individual items, the prices Bid on the individual items shall govern and the total for the Schedule will be corrected accordingly, and the BIDDER shall be bound by said correction.

14. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS. Unauthorized conditions, limitations, or provisos attached to the Bid shall render it informal and may cause its rejection as being non-responsive. The Bid forms shall be completed without interlineations, alterations, or erasures in the printed text. Alternative Bids will not be considered unless called for. Oral, telegraphic, or telephonic Bids or modifications will not be considered.

15. WITHDRAWAL OF BID. The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or its properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids for receipt of

Bids prior to the scheduled closing time for receipt of Bids.

16. BID PROTEST. Any Bid protest must be submitted in writing to the City Manager 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 bid document 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.

November 2023

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. A Bidder may not rely on a protest submitted by another Bidder, but must timely pursue its own protest.

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. AWARD OF CONTRACT. Award of the contract, if awarded, will be made to the lowest responsive, responsible Bidder whose Bid complies with the requirements of the Contract

Documents. Unless otherwise specified, any such award will be made within the period stated in the Notice Inviting Bids that the bids are to remain open. Unless otherwise indicated, a single award will be made for all the Bid items in an individual Bid Schedule.

In the event the WORK is contained in more than one Bid Schedule, the CITY may award

Schedules individually or in combination. In the case of two Bid Schedules which are alternative to each other, only one of such alternative schedules will be awarded. The

CITY may condition the award upon the Bidder’s timely submission of all items required by the Contract Documents, including, but not limited to the executed Agreement, performance, labor and materials, and maintenance bonds, and required certificates of insurance and endorsements.

18. RETURN OF BID SECURITY. Within 14 days after award of the contract, the CITY will, if requested, return the Bid securities accompanying such Bids that are not being considered in making the award. All other Bid securities will be held until the Agreement has been finally executed. They will then be returned, if requested, to the respective

Bidders whose Bids they accompany.

19. EXECUTION OF AGREEMENT. The Bidder to whom award is made shall execute a written Agreement with the CITY on the form of agreement provided, shall secure all insurance, and shall furnish all certificates and bonds required by the Contract Documents within five (5) working days after receipt of Notice of Award from the CITY. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for annulment of the award and forfeiture of the Bid security. If the lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the CITY may award the Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the OWNER may award the contract to the third lowest responsive, responsible Bidder. On the failure or refusal of such second or third

November 2023 lowest Bidder to execute the Agreement, each such Bidder’s Bid securities shall be likewise forfeited to the CITY.

20. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the

Agreement.

21. WORKERS’ COMPENSATION REQUIREMENT. The Bidder should be aware that in accordance with Section 3700 of the California Labor Code it will, if awarded the Contract, be required to secure the payment of compensation to its employees and execute the

Workers’ Compensation Certification in the form contained in these Contract Documents.

22. NON-COLLUSION AFFIDAVIT. Bidders must execute the following affidavit and submit the same with his/her bid:

23. MATERIALS SUPPLIERS LIST. Bidders and their subcontractors must complete the List of Materials Suppliers and Material Guarantee form provided with the Bid Forms and must submit the completed form with the Bid.

END OF INSTRUCTIONS TO BIDDERS

BID PROPOSAL CERTIFICATES

BID PROPOSAL CERTIFICATE

(if Corporation)

STATE OF CALIFORNIA )

) ss:

COUNTY OF )

I HEREBY CERTIFY that a meeting of the Board of Directors of the , a corporation existing under the laws of the State of , held on , 20 , the following resolution was duly passed and adopted:

“RESOLVED, that , as President of the Corporation, be and is hereby authorized to execute the Bid Proposal dated , 20 , for the project, in the City of Petaluma, and that his/her execution thereof, attested by the

Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation.”

I further certify that said resolution is now in full force and effect.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this , day of , 20 .

Secretary

(SEAL)

(if Partnership)

I HEREBY CERTIFY that a meeting of the Partners of the , a partnership existing under the laws of the State of , held on , 20 , the following resolution was duly passed and adopted:

“RESOLVED, that , as the General Partner of the Partnership, be and is hereby authorized to execute the Bid Proposal dated , 20 , for the project, in the City of Petaluma and that his/her execution thereof, attested by the shall be the official act and deed of this Partnership.”

IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20 .

Partner

(if Joint Venture)

I HEREBY CERTIFY that a meeting of the Principals of the a joint venture existing under the laws of the State of , held on , 20 , the following resolution was duly passed and adopted:

“RESOLVED, that , as of the joint venture, be and is hereby authorized to execute the Bid Proposal dated , 20 , for the project, in the City of Petaluma, and that his/her execution thereof, attested by the shall be the official act and deed of this Joint Venture.”

IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 .

Managing Partner

(if Proprietorship)

I HEREBY CERTIFY that , as owner of that I am authorized to execute the

Bid Proposal dated , 20 , for the project, in the City of Petaluma, and that my execution thereof shall be the official act and deed of this proprietorship.

corporation this , day of , 20 .

Owner

SECTION I

BID FORMS

(TO BE SUBMITTED WITH BIDS)

BIDDER’S AFFIDAVIT OF NON-COLLUSION

January 2005

BIDDER’S AFFIDAVIT OF NON-COLLUSION SUBMITTED WITH BID

, [Contractor] hereby declares that:

He or she is [title/position] of , [company name] the party making the foregoing bid;

that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract or anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or date relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

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

Dated:

Signature

Public Contract Code section 7106

Code of Civil Procedure section 2015.5

END OF BIDDER’S AFFIDAVIT OF NON-COLLUSION SUBMITTED WITH BID

March 2013

(if Corporation)

I HEREBY CERTIFY that a meeting of the Board of Directors of the _______________

_________________________________________________________________________, a corporation existing under the laws of the State of ____________________________, held on

________________, 20____, the following resolution was duly passed and adopted:

“RESOLVED, that __________________________________, as ____________

President of the Corporation, be and is hereby authorized to execute the Bid

Proposal dated __________________, 20____, for the _____________________

___________________________ project, in the City of Petaluma, and that his/her execution thereof, attested by the Secretary of the Corporation, and with the

Corporate Seal affixed, shall be the official act and deed of this Corporation.”

corporation this ________, day of ______________, 20____.

Secretary

(if Partnership)

I HEREBY CERTIFY that a meeting of the Partners of the ________________________ a partnership existing under the laws of the State of _______________________________, held on ______________, 20____, the following resolution was duly passed and adopted:

“RESOLVED, that ___________________________________________, as the

General Partner of the Partnership, be and is hereby authorized to execute the Bid

Proposal dated _____________, 20___, for the __________________________ project, in the City of Petaluma and that his/her execution thereof, attested by the

___________________ shall be the official act and deed of this Partnership.”

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of _____________, 20___.

Partner

(if Joint Venture)

I HEREBY CERTIFY that a meeting of the Principals of the ______________________ a joint venture existing under the laws of the State of _______________________________, held on ________________, 20___, the following resolution was duly passed and adopted:

“RESOLVED, that _____________________________________________, as

_________________________ of the joint venture, be and is hereby authorized to execute the Bid Proposal dated _____________, 20___, for the ______________

___________________________________ project, in the City of Petaluma, and that his/her execution thereof, attested by the ___________________ shall be the official act and deed of this Joint Venture.”

IN WITNESS WHEREOF, I have hereunto set my hand this ________, day of

_____________, 20___.

Managing Partner

(if Proprietorship)

I HEREBY CERTIFY that ______________________________________, as owner of

_______________________________________________ that I am authorized to execute the Bid

Proposal dated ___________________, 20____, for the ________________________

_____________________________ project, in the City of Petaluma, and that my execution thereof shall be the official act and deed of this proprietorship.

corporation this ________, day of ______________, 20____.

Owner

BID PROPOSAL 7.2025

PROPOSAL

To the City Council of the City of Petaluma:

The undersigned declares that he/she has carefully examined the location of the proposed work, that he/she has examined the plans and specifications, and read the accompanying instructions to bidders, and hereby proposes to furnish all materials and do all the work required to complete the said work in accordance with said plans, specifications, and special provisions for the unit or lump sum prices set forth in the attached Bid Schedule.

It is understood and agreed that the undersigned shall complete the work of the contract within the time provided for in the Contract Documents and Specifications governing said work.

If awarded the contract, the undersigned hereby agrees to sign said contract and to furnish the necessary bonds, insurance certificates and agreements within five (5) working days after receipt of Notice of Award of said contract from the City.

The undersigned has examined the location of the proposed work and is familiar with the plans, specifications and other contract documents and the local conditions at the place where the work is to be done.

The undersigned has checked carefully all the figures on the attached Bid Schedule and understands that the City will not be responsible for any errors or omissions on the part of the undersigned in making up the bid.

Enclosed find bidder's bond, certified check, or cashier's check no. _________________ of the

_______________________________________________________ (Company) (Bank) for_____________________________________ Dollars ($_____________________________).

This project requires a Class A, C-12, or C-32 California State Contractor's License.

Contractor's License No.: ________________________ License Class: ____________

Expiration Date of Contractor's License: ____________

This project requires registration with the California State Department of Industrial Relations.

Public Works Contractor Registration No. _______________________________________

Registration Date: _______________ Expiration Date: ________________

A bid submitted to a public agency by a contractor who is not licensed and not registered shall be considered non-responsive and shall be rejected by the public agency. The undersigned contractor declares that the contractor's license number, public work contractor registration number, and expiration dates stated herein are made under penalty of perjury under the laws of the State of

California.

Contractor: ______________________________________

Signed by: ______________________________________

Title: ______________________________________

Address: ______________________________________

Phone: ______________________________________

Fax: ______________________________________

Email: ______________________________________

Dated this ___________ day of _______________, 20 .

END OF PROPOSAL

Page 1 of 2 Bid Schedule

BID SCHEDULE

PAVEMENT PRESERVATION 26/27

Item

No.

Description Unit Qty Unit Price Total Price

1 Mobilization / Demobilization LS 1

2 Traffic Control LS 1

3 Storm Water Management and Erosion Control LS 1

4 High Volume Slurry Seal SY 89,963

5 Pavement Marking (Yellow or White Thermo) SF…