For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/alamedaca

INVITATION FOR BID

CS 05-26-10

ESTUARY PARK 12KV UNDERGROUND CABLE RELOCATION

RELEASE DATE: June 12, 2026

RESPONSE DEADLINE: July 20, 2026, 3:00 pm

Please refer to the project timeline in this document for all important deadlines.

CS 05-26-10 Page 2 of 87 Estuary Park 12kV Underground Cable

Relocation

Table Of Contents

1. NOTICE INVITING BIDS

2. INSTRUCTIONS TO BIDDERS

3. GENERAL CONDITIONS

4. SPECIAL CONDITIONS

5. INSURANCE REQUIREMENTS

6. SCOPE OF WORK

7. BID PROPOSAL

8. VENDOR QUESTIONNAIRE

Attachments:

A - Estuary park sketch - superseded/replaced by Attachment F -Addendum#2_Attachment 1

B - AMP Standard Spec extract-trench and box

C - coa_standardplans_dec2021

D - Material and Installation Criteria - Revised July 2020_PDF_SIGNED

E - Estuary Park Cable Relocation Addendum # 2_final

F - Addendum#2_Attachment 1_SF1095_Estuary Park 12kV Relocation UEL 1400

G - Addendum#2_Attachment 2a_NCPA 1114 - ASBUILT GAS LINE

H - Addendum#2_Attachment 2b_Spec Book & Dwgs, FINAL Jan 1, 2013 (Pages 123-126)

I - Addendum#2_Attachment 3_Estuary Park Finish and Improvement plans

J - Addendum#2_Attachment 4_EPP2 Concrete Pathway Approved Mix Design

K - Addendum#2_Attachment 5_1L619_FVT Rated Pri and Sec Box

L - Addendum#2_Attachment 6_1-L-447-Rev 10_Pri and Sec Box Details for Sidewalk and Planter

M - Addendum#2_Attachment 7_Existing Easements_A.L.T.A. Land Title Survey_2007

CS 05-26-10 Page 3 of 87 Estuary Park 12kV Underground Cable

1. NOTICE INVITING BIDS

1.1. Bid Submission

Alameda Municipal Power (“AMP”), a department of the City of Alameda (“City”), acting by and through the

City’s Public Utilities Board (“PUB”), will accept electronically submitted bids for its Estuary Park 12kV

Underground Cable Relocation Project (“Project”), by or before Monday, July 20, 2026 at 3:00 pm, via

OpenGov Procurement, at: https://procurement.opengov.com/portal/alamedaca/projects/271898 (“Bid Portal”).

Bids that are not submitted by a registered vendor via the Bid Portal will not be accepted.

1.2. Project Information

A. Location and Description. The Project is located at Estuary Park; near Challenger Field on Mosely

Ave in Alameda , and is described as follows: Alameda Municipal Power (AMP) is requesting bids from qualified contractors for the Estuary Park Primary Underground Cable Relocation Project located at

Estuary Park / Challenger Field near Mosley Avenue in Alameda, California. The work generally consists of furnishing all labor, materials, equipment, permits, traffic control, supervision, and incidentals necessary to: • Install approximately 564 linear feet of underground conduit system; • Install two (2) underground utility boxes; • Perform potholing and utility locating; • Excavate, trench, directional bore, backfill, compact, and restore disturbed areas; • Provide all surface restoration required by the City of Alameda; • Abandon existing underground facilities in place; • Coordinate with AMP for energized utility work. The Contractor may utilize either: • Open trench construction; or • Horizontal directional drilling (HDD) / directional boring methods. Bidders may submit pricing for one or both bid options. The completed installation shall comply with AMP standards, City of Alameda permit requirements, and all applicable codes and regulations. Background Alameda Municipal Power (AMP) identified an existing Underground Residential Distribution (URD) cable running beneath the field at

Estuary Park, where the Alameda Recreation and Park Department (ARPD) is performing park improvements. The existing cable needs to be relocated to the sidewalk area. The Technical

Specifications contain the full description of the Work.

B. Time for Final Completion. The Project must be fully completed within 90 calendar days from the start date set forth in the Notice to Proceed. AMP anticipates that the Work will begin on or about

10/1/2026, but the anticipated start date is provided solely for convenience and is neither certain nor binding.

1.3. License and Registration Requirements

A. License. This Project requires a valid California contractor’s license for the following classification(s):

A - General Engineering Contractor, C-10 - Electrical Contractor

B. DIR Registration. AMP may not accept a bid from or enter into the Contract with a bidder, without proof that the bidder is registered with the California Department of Industrial Relations (“DIR”) to perform public work pursuant to Labor Code section 1725.5, subject to limited legal exceptions.

1.4. Contract Documents

The plans, specifications, bid forms and contract documents for the Project, and any addenda thereto (“Contract

Documents”) are available for viewing or download free of charge solely via the Bid Portal, as specified above.

https://procurement.opengov.com/portal/alamedaca/projects/271898

CS 05-26-10 Page 4 of 87 Estuary Park 12kV Underground Cable

1.5. Time for Completion

The Project must be completed within 90 calendar days from the start date set forth in the Notice to Proceed.

AMP anticipates that the Work will begin on or about 10/1/2026, but the anticipated start date is provided solely for convenience and is neither certain nor binding. Liquidated damages of $500 per day will be assessed for unexcused delay in completion, as further specified in the Contract Documents.

1.6. Bid Security

Each bidder must submit bid security equal to ten percent of the maximum bid amount, in the form of cash; a cashier’s or certified check made payable to Alameda Municipal Power; or a bid bond using the Bid Bond form included with the Contract Documents, and executed by a surety licensed to do business in the State of

California. The bid security must guarantee that within fourteen days after AMP issues the Notice of Intent to

Award, the successful bidder will execute the Contract and submit the insurance certificates and endorsements, valid Certificates of Reported Compliance as required under the California Air Resources Board’s In-Use Off-

Road Diesel-Fueled Fleets Regulation (13 CCR § 2449 ed seq.) (“Off-Road Regulation”), if applicable and any other submittals required by the Contract Documents and as specified in the Notice of Intend to

Award. Original Payment Bond and Performance Bond can be provided after the City awards and executes the

Contract, however, work cannot start until these bonds are approved by the City Attorney’s Office.

1.7. Prevailing Wage Requirements

A. General. Pursuant to California Labor Code section 1720 et seq., and Alameda Municipal Code section

2-67, this Project is subject to the prevailing wage requirements applicable to the locality in which the

Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes.

B. Rates. These prevailing rates are on file with AMP and are available 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.

C. Compliance. The Contract will be subject to compliance monitoring and enforcement by the DIR, under Labor Code section 1771.4.

1.8. Performance and Payment Bonds

The successful bidder will be required to provide performance and payment bonds, each for 100% of the

Contract Price, as further specified in the Contract Documents.

1.9. Substitution of Securities

Substitution of appropriate securities in lieu of retention amounts from progress payments is permitted under

Public Contract Code section 22300.

1.10. Subcontractor List

Each Subcontractor must be registered with the DIR to perform work on public projects. Each bidder must submit a completed Subcontractor List form with its bid, including the name, location of the place of business, http://www.dir.ca.gov/DLSR

CS 05-26-10 Page 5 of 87 Estuary Park 12kV Underground Cable

California contractor license number, DIR registration number, and percentage of the Work to be performed

(based on the base bid price) for each Subcontractor that will perform Work or service or fabricate or install

Work for the prime contractor in excess of one-half of 1% of the bid price, using the Subcontractor List form included with the Contract Documents. The Subcontractor List form must be uploaded electronically in PDF format via the Bid Portal.

1.11. Instructions to Bidders

All bidders should carefully review the Instructions to Bidders for more detailed information before submitting a bid. The definitions provided in the "Definitions" section of the General Conditions apply to all of the

Contract Documents, as defined therein, including this Notice Inviting Bids.

1.12. Retention

A. Percentage. The percentage of retention that will be withheld from progress payments is 5%.

1.13. Pre-Bid Conference

A pre-bid conference will be held on Tuesday, June 23, 2026 at 1:00 pm, at the following location: 2000 Grand

Street, Alameda, Conference Room AB to acquaint all prospective bidders with the Contract Documents and the Project. The bidders’ conference is Non-Mandatory. A bidder who fails to attend a mandatory pre-bid conference may be disqualified from bidding.

CS 05-26-10 Page 6 of 87 Estuary Park 12kV Underground Cable

2. INSTRUCTIONS TO BIDDERS

Each bid submitted to Alameda Municipal Power (“AMP”), a department of the City of Alameda (“City”), acting by and through the City’s Public Utilities Board, for AMP’s Estuary Park 12kV Underground Cable

Relocation Project (“Project”) must be submitted in accordance with the following instructions and requirements:

2.1. Bid Submission

Each bid must be fully completed as directed and submitted via OpenGov Procurement, at https://procurement.opengov.com/portal/alamedaca/projects/271898 (“Bid Portal”), by or before the date and time set forth in "Bid Submission" of the Notice Inviting Bids, or as amended by subsequent addendum (“Bid

Deadline”). Each bidder must be registered to submit bids to AMP via the Bid Portal. AMP will not consider bids that are not submitted via the Bid Portal. The Bid Portal will be closed to bidding after the Bid Deadline, and late submittals will not be accepted. For additional information on using the Bid Portal, please visit the

OpenGov Help Center at https://opengov.my.site.com/support/s/.

A. General. The bids will not be read aloud in public, but bidders will be able to access and view the bid results via the Bid Portal after the Bid Deadline. AMP reserves the right to postpone the date or time of the Bid Deadline by addenda. Each bidder is solely responsible for all of its costs to prepare and submit its bid and by submitting a bid waives any right to recover those costs from AMP or the City. The bid price(s) must include all costs to perform the Work as specified, including all labor, material, supplies, and equipment and all other direct or indirect costs such as applicable taxes, insurance and overhead.

B. DIR Registration. Subject to limited legal exceptions for joint venture bids and federally-funded projects, AMP may not accept a bid from a bidder without proof that the bidder is registered with the

DIR to perform public work under Labor Code section 1725.5. If AMP is unable to confirm that the bidder is currently registered with the DIR, AMP may disqualify the bidder. (Labor Code sections

1725.5 and 1771.1(a).)

2.2. Bid Submittals

All bid submittals listed below must be submitted by or before the Bid Deadline. With the exception of bid security, which must also be physically submitted as specified in Section 4, the bid submittals must be uploaded electronically in PDF format via the Bid Portal:

A. Bid Security. Bid security, submitted electronically or physically as specified in Section 4 below;

B. Subcontractor List. A completed and executed Subcontractor List using the form included with the

Contract Documents;

C. Non-Collusion Declaration. A completed and executed Non-Collusion Declaration using the form included with the Contract Documents;

D. Vendor Questionnaire. A completed and executed Vendor Questionnaire, using the form included with the Contract Documents and including any required attachments; and

2.3. Authorization and Execution

https://procurement.opengov.com/portal/alamedaca/projects/271898 https://opengov.my.site.com/support/s/

CS 05-26-10 Page 7 of 87 Estuary Park 12kV Underground Cable

All bids are deemed executed and binding against the bidder when submitted pursuant to an electronic login authorization by a vendor registered to submit bids to the AMP via the Bid Portal.

2.4. Bid Security

Each bid must be guaranteed by bid security of ten percent of the maximum bid amount, in the form of cash;

cashier’s or certified check made payable to Alameda Municipal Power; or bid bond using the form included in the Contract Documents and executed by a surety licensed to do business in the State of California.

A. Bid Guarantee. The bid security must guarantee for a period of 90 days following the Bid Deadline, that within 14 days after AMP issues the Notice of Intent to Award, the successful bidder will execute and return the Contract using the form provided with the Contract Documents, the insurance certificates and endorsements, and submit valid Certificates of Reported Compliance as required by the Off-Road

Regulation, if applicable and any other submittals required by the Contract Documents, as may be further specified in the Notice of Intent to Award. Payment and Performance bonds for 100% of the maximum Contract Price can be provided after the City awards and executes the Contract; however, work cannot start until these bonds are approved by the City Attorney’s Office.

B. Form of Security and Submission. Bid security in the form of cash, cashier’s or certified check, must be physically received by AMP by or before the Bid Deadline at AMP’s business office at 2000

Grand Street, Alameda, CA, 94501. The bid security must be delivered in a sealed envelope, addressed to the attention of the Utility Procurement Administrator, and clearly labeled with the bidder’s legal name and address, the Project title, Invitation Number, and date and time of the Bid Deadline. While cash security is permitted, it is not encouraged, and cash security in lieu of a bid bond, cashier’s check, or certified check is submitted at the bidder’s sole risk. If a digital copy of a Bid Bond is submitted electronically in the Bid Portal, a wet-inked original bid bond will not be required to be physically received by AMP by or before the Bid Deadline.

2.5. Subcontractor Listing Requirements

Pursuant to Public Contract Code section 4104, for each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1% of the bidder’s total Contract Price (or for any subcontract of $10,000 or more, if this Project is for street or highway construction), the bidder must provide the information listed below with its bid via the Bid Portal, in addition to its submission of a Subcontractor List form pursuant to

Section "Bid Submittals", above. If the Subcontractor exists in the Bid Portal, Contractor must confirm the accuracy of the following information and edit, if necessary, to reflect accurate information. If the

Subcontractor does not exist in the Bid Portal, Contractor will need to create a new profile for the

Subcontractor.

A. A description of the Work to be performed by the Subcontractor;

B. The Subcontractor’s name;

C. The Subcontractor’s California contractor license numbers;

D. The location of the Subcontractor’s place of business; and

E. The Subcontractor’s DIR registration number.

CS 05-26-10 Page 8 of 87 Estuary Park 12kV Underground Cable

2.6. Subcontractor Work Limits

The prime contractor must perform at least 50% of the Work on the Project, calculated as a percentage of the base bid price, with its own forces, except for any Work identified as “Specialty Work” in the Contract

Documents. The total bid amount for any such Specialty Work may be deducted from the base bid price before computing the 50% self-performance requirement. The remaining Work may be performed by qualified

Subcontractors.

2.7. Withdrawal of Bids

A bid may not be withdrawn for a period of 90 days after the Bid Deadline without forfeiture of the bid security, except as authorized for material error under Public Contract Code section 5100 et seq., or unless the bidder’s bid security has been returned by AMP. AMP is not responsible for changes that OpenGov may make to the Bid Portal platform, and online directions for bid withdrawal may differ.

2.8. Bidder Questions or Objections

A. Bid Portal Q & A. All bid-related questions or requests for clarification must be submitted in writing via the Bid Portal under the “Q & A” tab, no later than 3:00 pm, Wednesday, July 8, 2026. AMP responses will be posted on the Bid Portal. Bidders are responsible for checking the Bid Portal for new information.

B. Objections to Bid Procedures or Contract Documents. Any objection(s) to the bidding procedures, requirements, or the Contract Documents must be submitted in writing at least five Working Days before the Bid Deadline and sent via email to the Utility Procurement Administrator at suto-mcniff@alamedamp.com. The email must clearly identify the specific provision, requirement, or procedure that is the subject of the objection, and must clearly explain the basis for the objection and the requested remedy. Any relevant documents should be attached to the email. Any objections to the bid procedures or Contract Documents that are not submitted in strict compliance with this provision will be deemed waived. (Protests against bids or bidders must be submitted in compliance with Section "Bid

Protests", below.)

2.9. Pre-Bid Investigation

A. General. Each bidder is solely responsible at its sole expense for diligent and thorough review of the

Contract Documents, examination of the Project site, and reasonable and prudent inquiry concerning known and potential site and area conditions prior to submitting a bid. Each bidder is responsible for knowledge of conditions and requirements which reasonable review and investigation would have disclosed. However, except for any areas that are open to the public at large, bidders may not enter property owned or leased by the City or AMP or the Project site without prior written authorization from

AMP. Requests for authorization to access City or AMP property will be addressed at the Non-

Mandatory pre-bid conference and site walk.

B. Document Review. Each bidder is responsible for review of the Contract Documents and any informational documents provided “For Reference Only,” e.g., as-builts, technical reports, test data, and the like. A bidder is responsible for notifying AMP of any errors, omissions, inconsistencies, or conflicts it discovers in the Contract Documents, acting solely in its capacity as a contractor and subject to the

CS 05-26-10 Page 9 of 87 Estuary Park 12kV Underground Cable limitations of Public Contract Code section 1104. Notification of any such errors, omissions, inconsistencies, or conflicts must be submitted via the Bid Portal Q & A no later than five Working

Days before the Bid Deadline. (See Section "Bid Portal Q & A", above.)

C. Project Site. Questions regarding the availability of soil test data, water table elevations, and the like should be submitted via the Bid Portal Q & A, as specified in Section "Bid Portal Q & A", above. Any subsurface exploration at the Project site must be done at the bidder’s expense, but only with prior written authorization from AMP. All soil data and analyses available for inspection or provided in the

Contract Documents apply only to the test hole locations. Any water table elevation indicated by a soil test report existed on the date the test hole was drilled. The bidder is responsible for determining and allowing for any differing soil or water table conditions during construction. Because groundwater levels may fluctuate, difference(s) in elevation between groundwater shown in soil boring logs and groundwater actually encountered during construction will not be considered changed Project site conditions. Actual locations and depths must be determined by bidder’s field investigation. The bidder may request access to underlying or background information on the Project site in AMP’s possession that is necessary for the bidder to form its own conclusions, including, if available, record drawings or other documents indicating the location of subsurface lines, utilities, or other structures.

D. Utility Company Standards. The Project must be completed in a manner that satisfies the standards and requirements of any affected third-party utility companies or agencies (collectively, “utility owners”). The successful bidder may be required by the third-party utility owners to provide detailed plans prepared by a California-registered civil engineer showing the necessary temporary support of the utilities during coordinated construction work. Bidders are directed to contact the affected third-party utility owners about their requirements before submitting a bid.

E. Examination of Site Bidders shall carefully examine:

o the project site;

o existing conditions;

o access constraints;

o existing utilities;

o park construction activities;

o restoration requirements;

o permit requirements;

o and all contract documents.

F. Submission of a bid shall constitute acknowledgment that the Contractor has visited the site or otherwise become familiar with conditions affecting the work.

2.10. Bidders Interested in More Than One Bid

No person, firm, or corporation may submit or be a party to more than one bid unless alternate bids are specifically called for. However, a person, firm, or corporation that has submitted a subcontract proposal or quote to a bidder may submit subcontract proposals or quotes to other bidders.

2.11. Addenda

Addenda, if any, will be posted under the Addenda section in the Bid Portal. (See tab for Addenda &

Notices.) Subject to the limitations of Public Contract Code section 4104.5, AMP reserves the right to issue

CS 05-26-10 Page 10 of 87 Estuary Park 12kV Underground Cable addenda prior to the Bid Deadline. Any addenda issued prior to the bid opening are part of the Contract

Documents. Each bidder is solely responsible for ensuring it has received and reviewed all addenda prior to submitting its bid. Bidders should check the Bid Portal and also check for email notifications via OpenGov regarding addenda uploaded to the Bid Portal. Each addendum must be acknowledged by the bidder prior to the

Bid Deadline by clicking the “Acknowledge” button at the bottom of the Addenda & Notices window.

2.12. Brand Designations and "Or Equal" Substitutions

Any specification designating a material, product, thing, or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate quality and type of item desired, and bidders may request use of any equal material, product, thing, or service. All data substantiating the proposed substitute as an equal item must be submitted with the written request for substitution. A request for substitution must be submitted within

14 days after AMP issues the Notice of Intent to Award. 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).

2.13. Bid Protests

Any bid protest against another bidder must be submitted in writing and sent via email to the Utility

Procurement Administrator at suto-mcniff@alamedamp.com before 5:00 p.m. no later than two Working Days following bid opening (“Bid Protest Deadline”) and must comply with the following requirements:

A. General. Only a bidder who has actually submitted a bid is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. Pursuant to Public Contract

Code section 4104, inadvertent omission of a Subcontractor’s DIR registration number on the

Subcontractor List form is not grounds for a bid protest, provided it is corrected within 24 hours of the bid opening or as otherwise provided under Labor Code section 1771.1(b).

B. Protest Contents. The bid protest must contain a complete statement of the basis for the protest and must include all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the protesting bidder and any person submitting the protest on behalf of or as an authorized representative of the protesting bidder.

C. Copy to Protested Bidder. Upon submission of its bid protest to AMP, the protesting bidder must also concurrently transmit the protest and all supporting documents to the protested bidder, and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest, by email or hand delivery to ensure delivery before the Bid Protest Deadline.

D. Response to Protest. The protested bidder may submit a written response to the protest via email to the

Utility Procurement Administrator as specified above, provided the response is received before 5:00 p.m., within two Working Days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must attach all supporting documentation.

Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person responding on behalf of or

CS 05-26-10 Page 11 of 87 Estuary Park 12kV Underground Cable representing the protested bidder if different from the protested bidder. The response and all supporting documents must be concurrently transmitted to the protesting bidder via the contact email provided in the bid protest.

E. Exclusive Remedy. The procedure and time limits set forth in this Section are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest. A bidder’s failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a

Government Code Claim or initiation of legal proceedings.

F. Right to Award. AMP reserves the right, acting in its sole discretion, to reject any bid protest that it determines lacks merit, to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a Notice to Proceed with the Work notwithstanding any pending or continuing challenge to its determination.

2.14. Reservation of Rights

AMP reserves the unfettered right, acting in its sole discretion, to waive or to decline to waive any immaterial bid irregularities; to accept or reject any or all bids; to cancel or reschedule the bid; to postpone or abandon the

Project entirely; or to perform all or part of the Work with its own forces. The Contract will be awarded, if at all, within 90 days after opening of bids or as otherwise specified in the Special Conditions, to the responsible bidder that submitted the lowest responsive bid. Any planned start date for the Project, represents AMP’s expectations at the time the Notice Inviting Bids was published. AMP is not bound to issue a Notice to Proceed by or before such planned start date, and it reserves the right to issue the Notice to Proceed when AMP determines, in its sole discretion, the appropriate time for commencing the Work. The City and AMP expressly disclaim responsibility for any assumptions a bidder might draw from the presence or absence of information provided by the City or AMP in any form. Each bidder is solely responsible for its costs to prepare and submit a bid, including site investigation costs.

2.15. Local Preference

Pursuant to the Alameda City Charter and Section 2-62 of the Alameda Municipal Code, preference will be given to a bidder that is a “local business,” which is defined to mean a business with fixed offices or locally taxable distribution points within the boundaries of the City of Alameda, and which holds a current business license with a business address within the City that is not a post office box. As so defined, a bidder that is a local business, is entitled to preference provided that the labor, quality, and price of the Work is equal to that of other responsible, responsive bidders. A bidder must complete optional, Local Preference, in the Vendor

Questionnaire to be considered for local preference eligibility.

2.16. Bonds

Within 14 calendar days following AMP’s issuance of the Notice of Intent to Award to the successful bidder, the bidder must submit payment and performance bonds to AMP as specified in the Contract Documents using the bond forms included in the Contract Documents. All required bonds must be calculated on the maximum total Contract Price as awarded, including additive alternates, if applicable. Payment and Performance Bonds can be provided after the City awards and executes the contract, however work cannot start until these bonds are approved by the City Attorney’s Office.

2.17. License(s)

CS 05-26-10 Page 12 of 87 Estuary Park 12kV Underground Cable

The successful bidder and its Subcontractor(s) must possess the California contractor’s license(s) in the classification(s) required by law to perform the Work. The successful bidder must also obtain a City business license no later than 14 days following AMP’s issuance of the Notice of Intent to Award. Subcontractors must also obtain a City business license before performing any Work. (See Alameda Municipal Code section 5-

4.1(g).)

2.18. Ineligible Subcontractor

Any Subcontractor who is ineligible to perform work on a public works project under Labor Code sections

1777.1 or 1777.7 is prohibited from performing work on the Project.

2.19. In-Use Off-Road Diesel-Fueled Fleets

If the Project involves the use of vehicles subject to the California Air Resources Board’s In-Use Off-

Road Diesel-Fueled Fleets Regulation (13 CCR § 2449 et deq) (“Off-Road Regulation”), then within ten calendar days following AMP’s issuance of the Notice of Intent to Award to the successful bidder, the bidder must submit to AMP valid Certificates of Reported Compliance for its fleet and its listed

Subcontractors, if applicable in accordance with the Off-Road Regulation, unless exempt under the Off-

Road Regulation.

2.20. Unit Pricing

Each bidder must provide unit pricing with its electronic bid as indicated in the Bid Portal. Bids shall be submitted as a single lump sum amount. The lump sum bid shall include all labor, materials, equipment, permits, disposal, restoration, utility coordination, traffic control, testing, and incidentals necessary to complete the work.

Bid Schedule Notes:

1. Item 7 in each bid option is an allowance item intended for extraordinary unsuitable material conditions beyond ordinary urban utility trench excavation.

2. Quantities are estimates only and may be increased or decreased by AMP.

3. All restoration associated with the Contractor’s selected construction method shall be included in the applicable bid items.

4. Contractor shall comply with all City of Alameda permit conditions and restoration requirements.

5. Contractor shall include all costs associated with its selected installation method, including trenching, potholing, restoration, traffic control, disposal, and utility coordination.

If the Project includes trenches or open excavations, which are five feet or deeper, each bid must include a bid item for adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which comply with safety orders as required by Labor Code section 6707.

2.21. Bidder's Certifications

By submitting a bid, each bidder certifies and warrants all of the following:

A. Comprehensive Bid Price. The bidder offers to perform and fully complete the Work for the Project as specified in the Contract Documents, within the time required for full completion of the Work, including

CS 05-26-10 Page 13 of 87 Estuary Park 12kV Underground Cable all labor, materials, supplies, and equipment and all other direct or indirect costs including, but not limited to, taxes, insurance, and all overhead for the amount of its bid price.

B. Bidder Responsibility. The bidder is a responsible bidder, with the necessary ability, capacity, experience, skill, qualifications, workforce, equipment, and resources to perform or cause the Work to be performed in accordance with the Contract Documents and within the Contract Time.

C. Examination of Contract Documents. The bidder has thoroughly examined the Contract Documents and represents that, to the best of the bidder’s knowledge, there are no errors, omissions, or discrepancies in the Contract Documents, subject to the limitations of Public Contract Code section

1104.

D. Examination of Worksite. The bidder has had the opportunity to examine the Worksite and local conditions at the Project location.

E. Addenda. The bidder agrees that it has had access to and has reviewed all addenda issued for this bid and waives any claims it might have against AMP or the City based on its failure to receive, access, or review any addenda for any reason.

F. Responsibility for Bid. The bidder has carefully reviewed its bid and all required submittals entered and uploaded via the Bid Portal and is solely responsible for any errors or omissions contained in its completed bid. All statements and information provided in the bid and bid submittals are true and correct to the best of the bidder’s knowledge.

G. Nondiscrimination. In preparing this bid, the bidder has not engaged in discrimination against any prospective or present employee or Subcontractor on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status.

H. Iran Contracting Act. If the Contract Price exceeds $1,000,000, bidder is not identified on a list created under the Iran Contracting Act, Public Contract Code section 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

I. Award of Contract. The bidder agrees that if it is awarded the Contract for the Project, within 14 days after AMP issues the Notice of Intent to Award, bidder will do all of the following:

1. Execute Contract. Execute and submit to AMP the Contract prepared by AMP using the form included with the Contract Documents and based on the bidder’s bid;

2. Submit Required Bonds. Submit to AMP a payment bond and a performance bond, issued by an admitted surety, each for 100% of the Contract Price, using the bond forms provided and in accordance with the requirements of the Contract Documents;

3. Insurance Requirements. Submit to AMP the insurance certificate(s) and endorsement(s) as required by the Contract Documents; and

4. City Business License. Ensure that it has a current City business license.

CS 05-26-10 Page 14 of 87 Estuary Park 12kV Underground Cable

2.22. Additive and Deductive Alternates

As required by Public Contract Code section 20103.8, if this bid solicitation includes additive or deductive items, the method checked below will be used to determine the lowest bid. If no method is checked, subparagraph (A) will be used to determine the lowest bid. AMP retains the right to add to or deduct from the

Contract any of the additive or deductive alternates included in the bid.

__X__ (A) The lowest bid will be the lowest bid price on the base contract without consideration of the prices on the additive or deductive items.

_____ (B) The lowest bid will be the lowest total of the bid prices on the base contract and those additive or deductive items that were specifically identified in the bid solicitation or bid as being used for the purpose of determining the lowest bid price.

_____ (C) The lowest bid will be the lowest total of the bid prices on the base contract and those additive or deductive items taken in order from a specifically identified list of those items that, when in the solicitation, and added to, or subtracted from, the base contract, are less than, or equal to, a funding amount publicly disclosed by AMP before the first bid is opened.

_____ (D) The lowest bid will be determined in a manner that prevents any information that would identify any of the bidders or the proposed subcontractors or suppliers from being revealed to AMP before the ranking of all bidders from lowest to highest has been determined.

3. GENERAL CONDITIONS

3.1. Article 1 - Definitions

The following definitions apply to all of the Contract Documents unless otherwise indicated, e.g., additional definitions that apply solely to the Specifications or other technical documents. Defined terms and titles of documents are capitalized in the Contract Documents, with the exception of the following (in any tense or form): “day,” “furnish,” “including,” “install,” “work day” or “working day.”

Allowance means a specific amount that must be included in the bid price for a specified purpose.

AMP means Alameda Municipal Power, a department of the City of Alameda, acting by and through the Public

Utilities Board.

Article, as used in these General Conditions, means a numbered Article of the General Conditions, unless otherwise indicated by the context.

Board means the Public Utilities Board, as defined below, unless the context clearly indicates otherwise.

Change Order means a written document duly approved and executed by AMP, which changes the scope of

Work, the Contract Price, or the Contract Time.

City means the City of Alameda, acting through its City Council, officers, employees, and any other authorized representatives, including the Public Utilities Board.

Claim means a separate demand by Contractor for a change in the Contract Time or Contract Price, that has previously been submitted to AMP in accordance with the requirements of the Contract Documents, and which has been rejected by AMP, in whole or in part; a written demand by Contractor disputing a unilateral Change

Order or a portion thereof, or a written demand by Contractor objecting to the amount of Final Payment.

CS 05-26-10 Page 15 of 87 Estuary Park 12kV Underground Cable

Contract means the signed agreement between AMP and Contractor for performing the Work required for the

Project, and all documents expressly incorporated therein.

Contract Documents means, collectively, all of the documents listed as such in Section "Contract

Documents" of the Contract, including the Notice Inviting Bids; the Instructions to Bidders; addenda, if any; the bid, and attachments thereto; the Contract; the Notice of Intent to Award and Notice to Proceed; the payment and performance bonds; the General Conditions; the Special Conditions; the Project Plans and Specifications;

any Change Orders; and any other documents which are clearly and unambiguously made part of the Contract

Documents. The Contract Documents do not include documents provided “For Reference Only,” or documents that are intended solely to provide information regarding existing conditions.

Contract Price means the total compensation to be paid to Contractor for performance of the Work, as set forth in the Contract and as may be amended by Change Order or adjusted for an Allowance. The Contract Price is not subject to adjustment due to inflation or due to the increased cost of labor, material, supplies or equipment after the Contractor’s bid was submitted.

Contract Time means the time specified for complete performance of the Work, as set forth in the Contract and as may be amended by Change Order.

Contractor means the individual, partnership, corporation, or joint-venture that has signed the Contract with

AMP to perform the Work.

Day means a calendar day unless otherwise specified.

Design Professional means the licensed individual(s) or firm(s) retained by AMP to provide architectural, engineering, or other design professional services for the Project. If no Design Professional has been retained for this Project, any reference to Design Professional is deemed to refer to the Engineer.

DIR means the California Department of Industrial Relations.

Drawings has the same meaning as Plans.

Engineer means the Engineering Manager for AMP’s distribution system, and his or her authorized delegees.

Excusable Delay is defined in Section "Excusable Delay".

Extra Work means new or unforeseen work added to the Project, as determined by AMP in its sole discretion, including Work that was not part of or incidental to the scope of the Work when the Contractor’s bid was submitted; Work that is substantially different from the Work as described in the Contract Documents at bid time; or Work that results from a substantially differing and unforeseeable condition.

Final Completion means Contractor has fully completed all of the Work required by the Contract Documents to AMP’s satisfaction, including all punch list items and any required commissioning or training, and has provided AMP with all required submittals, including instructions and manuals, product warranties, and as-built drawings.

Final Payment means payment to Contractor of the unpaid Contract Price, including release of undisputed retention, less amounts withheld or deducted pursuant to the Contract Documents.

Furnish means to purchase and deliver for the Project.

General Manager means the General Manager of AMP or his or her authorized delegee.

CS 05-26-10 Page 16 of 87 Estuary Park 12kV Underground Cable

Government Code Claim means a claim submitted pursuant to California Government Code § 900 et seq.

Hazardous Materials means any substance or material identified now or in the future as hazardous under any

Laws, or any other substance or material that may be considered hazardous or otherwise subject to Laws governing handling, disposal, or cleanup.

Including, whether or not capitalized, means “including, but not limited to,” unless the context clearly requires otherwise.

Inspector means the individual(s) or firm(s) retained or employed by AMP to inspect the workmanship, materials, and manner of construction of the Project and its components to ensure compliance with the Contract

Documents and all Laws.

Install means to fix in place for materials, and to fix in place and connect for equipment.

Laws means all applicable local, state, and federal laws, regulations, rules, codes, ordinances, permits, orders, and the like enacted or imposed by or under the auspices of any governmental entity with jurisdiction over any of the Work or any performance of the Work, including health and safety requirements and the Alameda City

Charter and Alameda Municipal Code.

Non-Excusable Delay is defined in Section "Non-Excusable Delay".

Plans means AMP-provided plans, drawings, details, or graphical depictions of the Project requirements, but does not include Shop Drawings.

Project means the public works project referenced in the Contract, as modified by any Project alternates elected by AMP, if any.

Project Manager means the individual designated by AMP to oversee and manage the Project on AMP’s behalf and may include his or her authorized delegee(s) when the Project Manager is unavailable. If no Project

Manager has been designated for this Project, any reference to Project Manager is deemed to refer to the

Engineer.

Public Utilities Board or PUB means the City of Alameda’s Public Utilities Board, which is authorized to control, manage, and contract on behalf of AMP, pursuant to Article XII of the Alameda City Charter.

Recoverable Costs is defined in Section "Recoverable Costs".

Request for Information or RFI means Contractor’s written request for information about the Contract

Documents, the Work or the Project, submitted to AMP in the manner and format specified by AMP.

Section, when capitalized in these General Conditions, means a numbered section or subsection of the General

Conditions, unless the context clearly indicates otherwise.

Shop Drawings means drawings, plan details or other graphical depictions prepared by or on behalf of

Contractor, and subject to AMP’s acceptance, which are intended to provide details for fabrication, installation, and the like, of items required by or shown in the Plans or Specifications.

Specialty Work means Work that must be performed by a specialized Subcontractor with the specified license or other special certification, and that the Contractor is not qualified to self-perform.

CS 05-26-10 Page 17 of 87 Estuary Park 12kV Underground Cable

Specifications means the technical, text specifications describing the Project requirements, which are prepared for and incorporated into the Contract by or on behalf of AMP, and does not include the Contract, General

Conditions or Special Conditions.

Subcontractor means an individual, partnership, corporation, or joint-venture retained by Contractor directly or indirectly through a subcontract to perform a specific portion of the Work. The term Subcontractor applies to subcontractors of all tiers, unless otherwise indicated by the context. A third party such as a utility performing related work on the Project is not a Subcontractor, even if Contractor must coordinate its Work with the third party.

Technical Specifications has the same meaning as Specifications.

Work means all of the construction and services necessary for or incidental to completing the Project in conformance with the requirements of the Contract Documents.

Work Day or Working Day, whether or not capitalized, means a weekday when AMP is open for business, and does not include holidays observed by AMP.

Worksite means the place or places where the Work is performed, which includes, but may extend beyond the

Project site, including separate locations for staging, storage, or fabrication.

3.2. Article 2 - Roles and Responsibilities

A. Alameda Municipal Power (AMP).

1. Public Utilities Board. The Public Utilities Board has final authority in all matters affecting the

Project, except to the extent it has delegated authority to the Engineer and/or Project Manager.

2. Engineer. The Engineer, acting within the authority conferred by the Public Utilities Board, is responsible for administration of the Project on behalf of AMP, including authority to provide directions to the Design Professional and to Contractor to ensure proper and timely completion of the Project. The Engineer’s decisions are final and conclusive within the scope of his or her authority, including interpretation of the Contract Documents.

3. Project Manager. The Project Manager assigned to the Project will be the primary point of contact for the Contractor and will serve as AMP’s representative for daily administration of the Project on behalf of AMP. Unless otherwise specified, all of Contractor’s communications to AMP (in any form) will go to or through the Project Manager. AMP reserves the right to reassign the Project

Manager role at any time or to delegate duties to additional AMP representatives, without prior notice to or consent of Contractor.

4. Design Professional. The Design Professional is responsible for the overall design of the Project and, to the extent authorized by AMP, may act on AMP’s behalf to ensure performance of the Work in compliance with the Plans and Specifications, including any design changes authorized by Change

Order. The Design Professional’s duties with respect to the Project may include review of

Contractor’s submittals, visits to any Worksite, inspecting the Work, evaluating test and inspection results, and participation in Project-related meetings, including the pre-construction conference, CS 05-26-10 Page 18 of 87 Estuary Park 12kV Underground Cable weekly meetings, and coordination meetings. The Design Professional’s interpretation of the Plans or Specifications is final and conclusive.

B. Contractor.

1. General. Contractor must provide all labor, materials, supplies, equipment, services, and incidentals necessary to perform and timely complete the Work in strict accordance with the Contract

Documents, and in an economical and efficient manner in the best interests of AMP, and with minimal inconvenience to the public.

2. Responsibility for the Work and Risk of Loss. Contractor is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work.

Contractor is solely responsible for and required to exercise full control over the Work, including the construction means, methods, techniques, sequences, procedures, safety precautions and programs, and coordination of all portions of the Work with that of all other contractors and Subcontractors, except to the extent that the Contract Documents provide other specific instructions. Contractor’s responsibilities extend to any plan, method or sequence suggested, but not required by AMP or specified in the Contract Documents. From the date of commencement of the Work until either the date on which AMP formally accepts the Project or the effective date of termination of the Contract, whichever is later, Contractor bears all risks of injury or damage to the Work and the materials and equipment delivered to any Worksite, by any cause including fire, earthquake, wind, weather, vandalism or theft, subject to the limitations of Laws, including Public Contract Code § 7105.

3. Project Administration. Contractor must provide sufficient and competent administration, staff, and skilled workforce necessary to perform and timely complete the Work in accordance with the

Contract Documents. Before starting the Work, Contractor must designate in writing and provide complete contact…