Bid Notice.pdf

Novato Police Department Water Infiltration

CIP Project No. 26-016

PROJECT SPECIFICATIONS, NOTICE TO BIDDERS, BID BOOK

Available at no charge on the City of Novato Website http:\\www.novato.org

Public Works Engineering

(415) 899-8994

Time for Completion – 30 Working Days

Submit bids to the Central Administration Counter

922 Machin Avenue, Novato CA 94945 on or before

2 p.m., Tuesday, September 15, 2026

Contractor shall possess the following licenses:

Class A to constitute a majority of the work

Waterproofing membrane will be required to be installed by a Certified Duro-last installer

(or approved equal).

PREPARED BY THE CITY OF NOVATO

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION

UNDER THE DIRECTION OF

Tim Burke, City Engineer

RCE #52989

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TABLE OF CONTENTS

NOVATO POLICE DEPARTMENT WATER INFILTRATION

CIP PROJECT NO. 26-016

IN THE CITY OF NOVATO, CALIFORNIA

TABLE OF CONTENTS

SECTION A – NOTICE INVITING SEALED BIDS

SECTION B – INSTRUCTIONS TO BIDDERS

SECTION C – PROPOSAL INFORMATION AND DOCUMENTS

SECTION D – CONTRACT INFORMATION AND DOCUMENTS

SECTION F – SPECIAL PROVISIONS – DIVISION I (GENERAL CONDITIONS)

SECTION G – SPECIAL PROVISIONS – TECHNICAL

APPENDIX I

INSURANCE FORMS

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NOTICE INVITING SEALED BIDS

CIP PROJECT NO.: 26-016

PUBLIC NOTICE IS HEREBY GIVEN that the City of Novato as AGENCY, invites sealed bids for the above stated project. Sealed proposals will be received by the Designated Agent at 922

Machin Avenue, 1st Floor, Novato, until 2 p.m., Tuesday, September 15, 2026, for the Novato

Police Department Water Infiltration, CIP Project No.: 26-016 at which time they will be publicly opened and read aloud. The sealed proposals shall be delivered to the Central

Administration Counter, located on the 1st Floor at 922 Machin Avenue. The date and time shall be extended by no less than 72 hours if the Project Manager issues any material changes, additions, or deletions to the invitation later than 72 hours prior to the bid closing. Any bids received after the time specified above or any extension due to material changes shall be returned unopened.

Project Description: The City of Novato is seeking proposals from qualified contractors to replace the 1,500 sq. ft. elevated concrete deck, waterproofing, and drainage system at the main front entrance of the Novato Police Department (NPD) at 909 Machin Avenue, Novato, CA.

The work to be done includes but is not limited to:

Demolition & Preparation.

• Removal and safe storing (in the NPD garden area located to the left of the main entrance) of unattached benches and deck structures.

• Stripping the existing deck down to the structural concrete core. Mechanically clean the concrete surface to remove old adhesive, contaminants, and debris. Clean and seal all surface cracks and alert the City Engineer of any un-viewable substrate defects.

• Confirm new system thickness against the main door and training room entry doors thresholds before demolition. Adjust aluminum thresholds to guarantee a smooth, ADA-compliant transition.

• Sawcut and remove the first top step of the main staircase and cut the bottom of its 3 support poles (to be remounted later). Sawcut and remove 12 inches into the ADA ramp entry point to accommodate the under-deck drainage system. Sawcut and remove 12 inches into the flagpole base to accommodate the under-deck drainage system. Clear and grub designated bushes as outlined in the pre-bid walk.

Waterproofing System.

• Supply and install a Duro-Fleece Plus 80-mil PVC (or approved equal) fleece-backed membrane.

• Bond the membrane to the concrete substrate using POLYSET Commercial Roofing Adhesive (CR-

20) or an approved equal.

• Hot air weld all seams to form a completely watertight seal. Terminate all penetrations and edges according to strict manufacturer specifications.

• Install the membrane over the patio edge, fastening it to the top of the CMU wall using a Duro- Last 4-inch fascia bar system (or approved equal). Install second membrane at the exterior wall and trench drain (sketch to be included with bid documents).

Pedestal-Supported Porcelain Paver Deck.

• Build a floating deck system over the PVC membrane using Buzon U-TABS 2mm spacer tabs and Buzon U-PAD 3mm protection mats (or approved equals). The assembly relies on a dry-laid design with no mechanical fasteners piercing the waterproofing layer.

• Supply and lay 24" x 24" x 2cm exterior-grade porcelain pavers engineered for elevated plaza decks. NPD staff must review and approve the paver color before purchase.

• Maintain a consistent grid appearance across the 1,500 sq. ft. layout, balancing proper drainage and slope compensation across the patio's 1.3% grade.

• Secure the patio edge using a glued Schluter Systems aluminum L-shape tile trim (or approved equal). Perimeters and building alcoves do not require baseboard or skirting tiles; instead, the Duro-Fleece PVC will run beneath all wall flashing and be secured by the factory fascia bar.

Perimeter Trench Drainage System.

• Install a 140-linear-foot, 4-inch ∅ perforated drainpipe wrapped in geotextile. 4-inch EZ Drain prefabricated trench drain system – optional.

• Begin the trench drain run at the left of the NPD patio at a depth of 12 inches. Slope the pipe at a 1% grade across the 140-foot length, terminating at a depth of 20 to 29 inches.

• Terminate trench drain at the sump pump vault to the right of the patio. Incorporate 4 clean out grates evenly along the 140-foot run for long-term maintenance access.

Amenities & Bench Re-installation.

• Re-install the benches and deck structures onto the finished deck using Duro-Last U-Anchor U2000 attachments (or approved equal).

• Hot-air weld the U-anchors directly into the primary PVC deck membrane to preserve the building’s watertight integrity.

Quality Assurance & Warranties.

• The City of Novato will conduct random phase inspections throughout construction. Formal material and quality assurance milestones must be scheduled and verified by a non-third-party Duro-Last factory representative before subsequent trades proceed.

• Provide a 20-year Manufacturer’s Warranty from the date of Substantial Completion. The warranty must be an NDL (No Monetary Limitation) standard or custom form covering the PVC membrane, flashings, welds, fasteners, edge transitions, accessories, and substrate preparation.

and other items or details not mentioned above that are required by the contract documents.

Waterproofing membrane will be required to be installed by a Certified Duro-last installer (or approved equal). The City of Novato will require and schedule quality assurance inspections by a

Duro-Last representative (or approved equal) for various phases of construction (and construction materials used in the work). Inspector may not be provided by 3rd Party.

There will be a mandatory pre-bid site walk for this project on Wednesday, September 9th, 2026.

We will meet at 10:30 a.m. at the City of Novato offices, 922 Machin Avenue, Novato, CA 94945.

https://maps.app.goo.gl/Ycn8Qah4pUYgnxV78 https://maps.app.goo.gl/Ycn8Qah4pUYgnxV78

Project contract documents, including Notice to Contractors and proposal forms, are available from the City of Novato Website, http://www.novato.org, (click on the “Business” tab near the top of the page and select “Doing Business with the City” in the drop-down menu). Paper copies of project documents will not be issued by the City.

The work to be done includes but is not limited to the project description. Other items or details not mentioned in the project description are required to be performed, placed, constructed, or installed by the plans provided and other contract documents.

Prior to contract execution, the contractor and his/her subcontractors shall obtain a City of Novato business license.

In accordance with the provisions of California Public Contract Code § 3300, and Business and

Professions Code § 7028.15(e), the AGENCY has determined that the contractor shall possess a valid Class A contractor’s license at the time that the contract is awarded. Failure to possess the specified license shall render a bidder’s bid as non-responsive and shall bar award of the contract to any bidder not possessing the specified license at the time of the award.

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY

THE CONTRACTORS’ STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A

CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS’ STATE

LICENSE BOARD, P.O. BOX 2600, SACRAMENTO, CA 95826. At the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material shall not be made unless and until the Registrar of Contractors verifies to the AGENCY that the records of the Contractors’ State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law including, but not limited to, any appropriate disciplinary action by the Contractors’ State Board. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. (Public Contract Code §

20103.5)

CONTRACTORS AND SUBCONTRACTORS ARE ALSO REQUIRED TO BE REGISTERED

WITH THE CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS FOR ANY BID

PROPOSAL SUBMITTED ON OR AFTER MARCH 1, 2015, AND FOR ANY CONTRACT

FOR PUBLIC WORK ENTERED INTO ON OR AFTER APRIL 1, 2015. A contractor or subcontractor shall not be qualified to bid on, be listed on a bid proposal for, or perform any public work contract unless it is currently registered with the California Department of Industrial

Relations as described in Labor Code § 1725.5.

Bids must be prepared on the approved bid forms in conformance with INSTRUCTIONS TO

BIDDERS and submitted in an envelope provided by the bidder, sealed and plainly marked on the outside:

“SEALED BID FOR NOVATO POLICE DEPARTMENT WATER INFILTRATION PROJECT,

DO NOT OPEN WITH REGULAR MAIL”

The bid must be accompanied by a bid guarantee in the amount of 10% of the total bid by 2:00 p.m. ON THE DATE ADVERTISED FOR THE OPENING OF BIDS. More specifically, pursuant to Public Contract Code §§ 20170 and 20171, all bids for the project shall be presented, under sealed cover and shall be accompanied by one of the following forms of bidder’s security in the amount of ten percent (10%) of the bid: (a) cash; (b) a cashier’s check made payable to the City of

Novato; (c) a certified check made payable to the City of Novato; or (d) a bidder’s bond executed by an admitted surety insurer, made payable to the City of Novato. Such security shall be forfeited should the successful bidder to whom the contract is awarded fails to timely execute the contract and to deliver the necessary bonds and insurance certificates as specified in the contract documents.

To the extent applicable, at any time during the term of the Agreement for the proposed project, the successful bidder may, at its own expense, substitute securities equivalent to the amount withheld as retention (or the retained percentage) in accordance with Public Contract Code §

22300.

Pursuant to California Civil Code § 9550, a payment bond is required to be submitted for all projects estimated in excess of $25,000.00.

The AGENCY has determined that the proposed project is a public works project subject to the provisions of Labor Code § 1720 thereby requiring the Contractor to pay the prevailing wage rates for all work performed under the Contract. Accordingly, the proposed project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

The AGENCY reserves the right to reject any and all bids.

If you have any questions, please contact:

Nick Reposa, Facilities Maintenance Supervisor, at (415) 899-7048 nreposa@novato.org or

Petr Skala, Associate Engineer, at (415) 899-8237 pskala@novato.org

BY ORDER OF the City Council of the City of Novato, California.

mailto:nreposa@novato.org mailto:pskala@novato.org

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SECTION B – INSTRUCTIONS TO BIDDERS

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INSTRUCTIONS TO BIDDERS

B1.00 GENERAL

Each proposal must be submitted on the blank forms furnished herewith and must be presented in a sealed envelope and filed prior to the time and date, and at the place designated in the Notice Inviting Bids. The proposal forms must be completely made out in the manner and form indicated therein, clearly and legibly showing the proposed unit prices in both words and numbers, the extended item totals in numbers, the total bid in both words and numbers, and must be properly signed by the bidder. The bidder’s address, telephone number and State Contractor’s License number must be included. The AGENCY reserves the right to reject any bid if all the above information is not furnished.

B1.01 INSPECTION OF SITE OF WORK

Bidders are required to inspect the site of the work in order to satisfy themselves, by personal examination or by such other means as they may prefer, of the location of the proposed work and as to the actual conditions of and at the site of work. If, during the course of his/her examination, a bidder finds facts or conditions which appear to him/her to conflict with the letter or spirit of the contract documents, or with any other data furnished him/her, he/she may apply to the AGENCY in writing in accordance with B1.04

INTERPRETATION OF CONTRACT DOCUMENTS for additional information and explanation before submitting his/her bid.

The submission of a proposal by the bidder shall constitute the acknowledgment that, if awarded the contract, he/she has relied and is relying on his/her own examination of (a) the site of the work, (b) the access to the site, and (c) all other data, matters, and things requisite to the fulfillment of the work and on his/her own knowledge of existing services and utilities on and in the vicinity of the site of the work to be constructed under the contract, and not on any representation or warranty of the AGENCY. No claim for additional compensation will be allowed which is based upon a lack of knowledge of these items.

B1.02 EXAMINATION OF CONTRACT DOCUMENTS

Each bidder shall thoroughly examine and be familiar with legal and procedural documents, general conditions, specifications, drawings and addenda (if any). The submission of a proposal shall constitute an acknowledgment upon which the AGENCY may rely that the bidder has thoroughly examined and is familiar with the contract documents. The bidders’ attention is directed to the need, if any, for special invoicing for this project. The failure or neglect of a bidder to receive or examine any of the contract documents shall in no way relieve him/her from any obligations with respect to his/her proposal or to the contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any contract document.

B1.03 CONTRACT PERIOD/CONSTRUCTION COMPLETION DATE

Bidder’s attention is called to the provisions set forth in SECTION F – SPECIAL PROVISIONS, particularly those pertaining to the contract period and liquidated damages for avoidable delays.

The CONTRACTOR shall begin work within fifteen (15) calendar days after receiving notice that the contract has been approved by the City Attorney and shall diligently prosecute said work to completion before the expiration of 30 WORKING DAYS. The CONTRACTOR shall pay to the AGENCY liquidated

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B1.04 INTERPRETATION OF CONTRACT DOCUMENTS

No oral interpretations will be made to any bidder as to the meaning of the contract documents. Requests for an interpretation shall be posted on BidNet Q&A, which is accessible via City of Novato Website, http://www.novato.org, (click on the “Business” tab near the top of the page and select “Doing Business with the City” in the drop-down menu). The Q&A option automatically notifies all plan holders automatically as soon as a question is asked/ answered and/or when addenda are posted. Interpretations by the AGENCY will be in the form of addenda to the contract documents and, when issued, will be sent as promptly as is practical to all parties to whom the contract documents have been issued. AGENCY makes no guarantee that all bidders will receive all addenda. Copies of addenda will be made available for inspection at the office where contract documents are on file for inspection as indicated on the Invitation for Bids. All such addenda shall become part of the contract.

B1.05 SOIL INFORMATION - N.A.

B1.06 PROPOSAL

Proposals shall be made on the forms enclosed in SECTION C of these specifications with or without removal from the bound contract documents. All proposals shall give the prices proposed, both in words and in numbers, shall give all other information requested herein, and shall be signed by the bidder or his/her authorized representative, with his/her address. If the proposal is made by an individual, his/her name, signature and mailing address must be shown; if made by firm or partnership, the name and mailing address of the firm or partnership and the signature of at least one of the general partners must be shown;

if made by a corporation, the proposal shall show the name of the state under the laws of which the corporation is chartered, the name and mailing address of the corporation, and the name and title of the person who signs on behalf of the corporation. If the proposal is made by a corporation, a certified copy of the bylaws or resolution of the board of directors of the corporation shall be furnished demonstrating the authority of the officer signing the proposal to execute contracts on behalf of the corporation.

Each proposal shall be enclosed in a sealed envelope, labeled as specified in SECTION A - NOTICE

INVITING SEALED BIDS. Bidders are warned against making erasures or alterations of any kind, and proposals which contain omissions, erasures or irregularities of any kind may be rejected. No oral, telegraphic or telephonic proposals or modifications will be considered.

In conformance with the Business and Profession Code, § 7028.15, the CONTRACTOR must state clearly his/her license number and expiration date. In addition, he/she shall sign a statement that these representations were made under the penalty of perjury. This statement shall be made on the

EXPERIENCE STATEMENT in SECTION C.

The CONTRACTOR will be required to pay prevailing wage pursuant to California Law, including

California Labor Code §§ 1770 et seq. Copies of the prevailing rate of per diem wages are on file at the offices of the AGENCY. The General Prevailing Wage Rates for this project are also available from the

California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov

B1.07 ADDENDA

Any Addenda issued during the time of bidding, or for preparation of bids, shall be made a part of the

Contract Documents.

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Each proposal shall include specific acknowledgment in the space provided on SECTION C - BID

PROPOSAL of receipt of all addenda issued during the bidding period. Failure to so acknowledge may result in the proposal being rejected as not responsive.

B1.08 BID PRICES

Bid prices shall include everything necessary for the completion of construction and fulfillment of the contract including, but not limited to, furnishing all materials, equipment, tools, plant and other facilities and all management, superintendence, labor and services, except as may be provided otherwise in the contract documents. In the event of a difference between a price quoted in words and a price quoted in numbers for the same quotation, the words shall be the amount bid.

In preparing bid prices, bidder represents that he/she has carefully examined the Contract Documents and the site where the work is to be performed and that he/she has familiarized himself with all local conditions and federal, state and local laws, ordinances, rules, and regulations that may affect the performance of the work in any manner. The bidder further represents that he/she has studied all surveys and investigation reports about subsurface and physical conditions pertaining to the job site, that he/she has performed such additional surveys and investigations as he/she deems necessary to complete the work at his/her bid price, and that he/she has correlated the results of all such data with the requirements of the Contract Documents.

The submittal of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, including locality, uncertainty of weather and all other contingencies, and as to the character, quality, quantities, and scope of the work.

The plans and specifications for the work show subsurface conditions or otherwise hidden conditions as the

Design Engineer supposes or believes them to exist, but this is not intended or to be inferred that the conditions as shown thereon constitute a representation that such conditions are actually existent. Except as otherwise specifically provided in the Contract Documents, the AGENCY, the Design Engineer and their consultants or agents shall not be liable for any loss sustained by the CONTRACTOR as a result of any variance of such conditions as shown on the plans and the actual conditions revealed during the progress of the work or otherwise.

The CONTRACTOR shall perform an independent take-off of the plans and bid accordingly. Quantities listed in the BID SCHEDULE in SECTION C are intended only as a guide for the CONTRACTOR as to the anticipated order of magnitude of work. CONTRACTOR shall be responsible for verifying all estimated quantities. Except for Final Bid Item Quantities, CONTRACTOR will be reimbursed for the quantity of items actually installed as required by the Contract Documents and shown on the plans to neat line and grade.

The CONTRACTOR will not be reimbursed for unauthorized work performed outside of that required by the Contract Documents.

B1.09 TAXES

No mention shall be made in the proposal of sales tax, use tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable.

B1.10 RECOGNITION OF BONDING COMPANIES

All bonding companies used by the CONTRACTOR in this contract must be recognized by the Federal

Government within Circular 570. All proposals or contracts received that include bonds posted by bonding companies not recognized in Circular 570 will result in the disqualification of the bid proposal and forfeiture of the bid bond.

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B1.11 QUALIFICATION OF BIDDERS

Each bidder shall be skilled and regularly engaged in the general class or type of work called for under the contract. A statement setting forth his/her experience shall be submitted by each bidder on the

EXPERIENCE STATEMENT form provided in SECTION C.

Each bidder shall possess a valid CONTRACTOR’s License issued by the Contractor’s State License Board at the time his/her bid is submitted for award of contract; the award of contract will not be made unless the

Contractor's License can be verified when bids are opened. The class of license shall be applicable to the work specified in the contract. Each bidder shall also have no less than five (5) years of experience in the magnitude and character of the work bid.

It is the intention of the AGENCY to award a contract to a bidder who furnished satisfactory evidence that he/she has the requisite experience and ability, and that he/she has sufficient capital, facilities, and plant to enable him/her to prosecute the work successfully and properly, and to complete it within the time stated in the contract.

To determine the degree of responsibility to be credited to the bidder, the AGENCY will weigh any evidence that the bidder has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress. If in the opinion of the AGENCY, a bidder is determined to be insufficiently qualified, then that bidder will not be considered for award of the contract.

B1.12 DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS

Each proposal shall have listed on the DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS form provided in SECTION C the name, California contractor license number, and Department of

Industrial Relations registration number, and address of each subcontractor to whom the bidder proposes to sublet portions of the work in excess of one-half of one percent of the total amount of his/her bid. For the purpose of this paragraph, a subcontractor is defined as one who contracts with the CONTRACTOR to furnish materials and labor, or labor only for the performance of work at the site of the work or who will specially fabricate a portion of the work off the site pursuant to detailed drawings in the contract documents.

Public Contract Code § 4104 requires all bidders to list subcontractors and state the license number of all subcontractors who will perform work in excess of one-half of one percent of the total bid, or in the case of streets and highways, one-half of one percent of the total bid or $10,000, whichever is greater.

Public Contract Code § 6109 prohibits a CONTRACTOR from performing work with a subcontractor who is debarred pursuant to Labor Code §§ 1777.1 or 1777.7.

B1.13 PROPOSAL GUARANTEE

The proposal shall be accompanied by a proposal guarantee bond duly completed on the form provided herewith by a guarantee company authorized to carry on business in the State of California for payments to the AGENCY in the sum of at least 10% of the total amount of the bid proposal, or alternatively by a certified or cashier’s check payable to the AGENCY, or cash, in the sum of at least 10% of the total amount of the bid proposal. The amount payable to the AGENCY under the proposal guarantee shall be forfeited to the AGENCY in case of failure or neglect of the bidder to furnish, execute and deliver to the AGENCY the required bonds, evidence of insurance and to enter into, execute and deliver to the AGENCY the agreement on the form provided herewith, within ten (10) days after being notified in writing by the

AGENCY that the award has been made and the agreement is ready for execution.

B1.14 MODIFICATION OF PROPOSAL

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A modification of a bid proposal already received will be considered only if the modification is received before the time announced for the opening of bids. All modifications shall be made in writing, executed and submitted in the same form and manner as the original bid proposal.

B1.15 WITHDRAWAL OF PROPOSAL

A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the AGENCY’s designated official prior to the bid opening hour stipulated in SECTION A – NOTICE

INVITING SEALED BIDS. Proposals may not be withdrawn after that time without forfeiture of the proposal guarantee, except as authorized by Public Contract Code sections 5100 through 5110. The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so.

B1.16 POSTPONEMENT OF BID OPENING

The AGENCY reserves the right to postpone the date and time for opening of bids at any time prior to the date and time announced in SECTION A–NOTICE INVITING SEALED BIDS.

B1.17 DISQUALIFICATION OF BIDDERS

If there is reason to believe that collusion exists among the bidders, none of the bids of the participants in such collusion will be considered. In the event that any bidder acting as a prime CONTRACTOR has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified.

This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime CONTRACTOR.

B1.18 REJECTION OF PROPOSALS

The AGENCY reserves the right to reject any and all proposals, to waive any irregularity, and to reject any proposals which are incomplete, obscure or irregular; any proposals which omit a bid on any one or more items on which bids are required; which omit unit prices if unit prices are required; in which unit prices are unbalanced in the opinion of the AGENCY; which are accompanied by insufficient or irregular bid security;

or which are from bidders who have previously failed to perform properly or to timely complete contracts of any nature.

B1.19 AWARD OF CONTRACT

The Contract will be awarded, if at all, to the lowest responsible and responsive bidder, whose bid proposal is not rejected for cause by the AGENCY. However, until an award is made, the AGENCY reserves the right to reject any or all bids, and to waive technical errors or discrepancies, if to do so is deemed to best serve the interests of the AGENCY. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom it is proposed to make such an award.

Each bidder’s attention is directed to the possibility that the award of the project may be delayed for various reasons. The AGENCY reserves the right to delay the award of the project for 45 calendar days. After 45 calendar days, the low bidder may at any time request release from its bid without penalty.

The award of contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed.

The AGENCY reserves the right to reject any and all proposals.

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The AGENCY reserves the right to award the base bid and any combination of alternate bid items as listed in Alternates (including all or none) as the interest of the AGENCY may require. The base bid shall be used to determine the lowest responsible bidder.

The acceptance of a proposal will be evidenced by a Notice of Award of Contract in writing, delivered by mail to the bidder whose proposal is accepted; the AGENCY may choose to send a duplicate notice by email for the bidder’s convenience. No other act of the AGENCY shall constitute acceptance of a proposal.

The award of contract shall obligate the bidder whose proposal is accepted to furnish a performance bond, payment bond and maintenance bond, as well as evidence of insurance and to execute the contract set forth herein.

B1.20 RETURN OF PROPOSAL GUARANTEES

Within ten (10) calendar days after the bids are opened, the AGENCY will release the proposal guarantees accompanying the proposals which are not to be considered in making the award. Proposal guarantees for the two lowest bidders will be held until the contract has been fully executed, after which they will be returned to the respective bidders.

B1.21 EXECUTION OF CONTRACT

The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds and evidence of insurance, within ten (10) calendar days after the notification of the contract award by the AGENCY in writing. In case of failure of the successful bidder to execute the contract agreement within ten (10) calendar days after such notice, or any subsequent extension approved by

AGENCY, the AGENCY at its option may consider the bidder in default, in which case the bid bond or proposal guarantee accompanying the bid shall become the property of the AGENCY. After execution by the AGENCY, one original contract shall be returned to the CONTRACTOR.

B1.22 FLEXIBILITY OF BID SCHEDULE

It is the intent of the AGENCY to award a contract to the lowest responsible and responsive bidder and the flexibility shown in the bid schedule is necessary to ensure a project within the AGENCY’s budget limits and constraints.

B1.23 BID PROTEST

Any bid protest, or proposed award of contract, must be submitted in writing to the Designated Agent at

922 Machin Avenue, Novato, CA 94945 before 5:00 p.m. of the fourth business day following the date of bid opening.

The party filing the protest must have actually submitted a bid for the project. A subcontractor of a party filing a bid for the project may not submit a bid protest. A party must timely pursue its own protest and may not rely on the bid protest submitted by another bidder.

The protest document must contain a complete statement indicating the basis of the protest, and all relevant supporting information. The protest must state the facts and refer to the specific portion of the document or the specific statute that forms the basis for the protest. The protest must include the name, address and telephone number of the person representing the protesting party. The party filing the protest must concurrently transmit a copy of the protest documents and any attached documentation to all other bidders or proposers.

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The procedure and time limits set forth in these Instructions to Bidders are mandatory and are the bidders’ sole and exclusive remedy in the event of a bid protest. Any bidder’s failure to fully comply with these procedures shall constitute a waiver of any right to further pursue a bid protest, including filing of a challenge of the award pursuant to the California Public Contract Code, filing of a claim pursuant to the

California Government Code, or filing of any other legal proceedings.

The AGENCY will review all timely protests prior to awarding the contract. The AGENCY shall not be required to hold an administrative hearing to consider any protests, but may do so at its option. At the time of the AGENCY’s consideration of awarding a contract, the City Council will also consider the merits of any timely protests. The City Council may either reject the protest and award to the lowest responsible bidder or accept the protest and award the bid to the next lowest responsible bidder. Nothing in this section shall be construed as a waiver of the City Council’s right to reject all bids.

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SECTION C – PROPOSAL INFORMATION AND DOCUMENTS

The following forms must be completed and submitted with the Bid Proposal, or the bid may be considered non-responsive:

□ Bid Proposal

□ Bid Schedule

□ Bid Bond, or other form of Bid Guarantee

□ Bidder Information

□ Experience Statement

□ Designation of Suppliers and Subcontractors

□ Statement Regarding Insurance Coverage

□ Statement Regarding Contractor’s Licensing Laws

□ Non-Collusion Affidavit

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BID PROPOSAL

CITY OF NOVATO

922 Machin Avenue

Novato, CA 94945

The undersigned, as bidder, declares that he/she has examined all of the contract documents and specifications contained in this project manual for the above referenced project, and that he/she will contract with the AGENCY on the form of contract provided herewith to do everything necessary for the fulfillment of this contract at the price, and on the terms and conditions therein contained.

The following are included and are to be considered as forming a part of this proposal: BID PROPOSAL, BID SCHEDULE, BID BOND, NON-COLLUSION AFFIDAVIT, BID GUARANTEE (if submitted in lieu of Bid Bond), BIDDER INFORMATION, EXPERIENCE STATEMENT, DESIGNATION OF

SUPPLIERS & SUBCONTRACTORS, BIDDER’S STATEMENT REGARDING INSURANCE

COVERAGE, and STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS .

CONTRACTOR acknowledges receipt and inclusion of addenda ______ to ______ into this bid proposal and the contract documents [Bidder to fill in addenda numbers].

Attached is a Bid Bond duly completed by a guarantee company authorized to carry on business in the State of California in the amount of at least 10% of the total amount of this proposal, or alternatively, there is attached a certified or cashier’s check payable to the AGENCY or evidence of a cash payment to the

AGENCY, in the amount of at least 10% of the total amount of our proposal.

If this proposal is accepted, we agree to sign the contract form and to furnish the Performance Bond and the Payment Bond (each to be 100% of the bid amount), the Maintenance Bond (to be 50% of the bid amount), and the required evidence of insurance within ten (10) calendar days after receiving written Notice of Award of Contract.

We further agree if our proposal is accepted and a contract for the performance of the work is entered into with the AGENCY, to so plan the work and to prosecute it with such diligence that all of the work shall be completed within the time stipulated in 8-1.08 - TIME OF COMPLETION.

NAME OF BIDDER: __________________________________________________________________

MAILING ADDRESS: _________________________________________________________________

BUSINESS STREET ADDRESS (if different that Mailing Address):

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TELEPHONE NO. ________________________

EMAIL ADDRESS: _______________________________________________

STATE CONTRACTOR’S LICENSE NO. ______________________, EXPIRATION: ___________

CLASSIFICATIONS: ________________, ________________, _______________

DIR REGISTRATION No.: ___________________________ DIR END DATE: _______________

STATE OF INCORPORATION: _________________________________________________

AUTHORIZED SIGNATURE: __________________________________________________

TITLE: ____________________________________________________________________

DATE: ________________________________

(If Company is a Corporation, provide corporate resolution per B1.06 PROPOSAL of SECTION B

INSTRUCTION TO BIDDERS.)

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BID SCHEDULE

IN THE CITY OF NOVATO, CALIFORNIA

The cost of all labor, services, material, equipment, transportation and installation necessary for the completion of the work itemized under this schedule, even though not shown or specified, shall be included in the unit price for the various items shown herein. For a description of the work associated with each bid item, see SECTION G – SPECIAL PROVISIONS. The AGENCY reserves the right to increase or decrease the quantity of any item or omit items as may be necessary, and the same shall in no way affect or void the contract, except that appropriate additions or deductions from the contract total price will be made at the stipulated unit price in accordance with these Contract Documents.

The AGENCY reserves the right to reject any and all bids, to waive any informality in a bid, and to make awards in the interest of the AGENCY.

The CONTRACTOR shall perform an independent take-off of the plans and bid accordingly. Quantities listed in this Bid Schedule are intended only as a guide for the CONTRACTOR as to the anticipated order of magnitude of work. The CONTRACTOR shall be responsible for verifying all estimated quantities. The

CONTRACTOR will be reimbursed for the quantity of items actually installed as required by the Contract

Documents, including addenda, and shown on the plans to neat line and grade.

The CONTRACTOR will not be reimbursed for work performed for his convenience, or as required to adapt to field conditions, or for unauthorized work performed outside of that required by the Contract

Documents.

The CONTRACTOR shall be responsible for calculating and providing totals for the bid schedule. The proposal schedule shall include all costs for labor, services, material, equipment, and installation associated with completing the work in place per the plans, specifications and details.

NAME OF BIDDER: __________________________________________________________

CONTRACTOR’S LICENSE NO.: _______________________________________________

DIR REGISTRATION No.: ___________________________DIR END DATE: ___________

TITLE: _____________________________________________________________________

DATE: ________________________________

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BID SCHEDULE (Continued)

All work shall be performed on the project named below in accordance with the Plans and Contract

Documents, for the unit or lump sum prices set forth in the following schedule:

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The CONTRACTOR shall be responsible for calculating and providing unit prices for the schedule. The proposal schedule shall include all costs for services, labor, materials, equipment, and installation associated in completing the work in place per the Specifications and details.

An “F” shown in the Estimated Quantity column indicates a Final Bid Item Quantity.

[Note: Labor Code § 6707 requires separate bid items for the construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five-feet or deeper. For those items, specify that each bid submitted in response thereto shall contain adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb,]

Bid Schedule Total: $

Bid Schedule Total (in words): ____________________________________________________

(Company Name of Bidder) (Date)

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(On Surety Letterhead)

BID BOND

KNOW ALL MEN BY THESE PRESENTS that Bidder ________________________, as PRINCIPAL, and ______________________, as SURETY, are held and firmly bound unto the City of Novato as

AGENCY, in the penal sum of ___________________________________________________________ dollars ($____________________), which is ten percent (10%) of the total amount bid by PRINCIPAL to

AGENCY for the above stated project, for the payment of which sum, PRINCIPAL and SURETY agree to be bound, jointly and severally, firmly by these presents.

The SURETY, for value received, hereby stipulates and agrees that the obligations of said SURETY and its BOND shall be in no way impaired or affected by any extension of the time within which the AGENCY may accept such Bid; and said SURETY does hereby waive notice of any such extension.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas PRINCIPAL is about to submit a bid to AGENCY for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by PRINCIPAL in the manner and time specified, and PRINCIPAL provides the required payment and performance bonds and insurance coverages to AGENCY, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this ____ day of

________________________, 20__.

PRINCIPAL* _____________________________________________

SURETY* _____________________________________________

*Provide BIDDER and SURETY name, address and telephone number and the name, title, address and telephone number for their authorized representatives. Power of Attorney must be attached.

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CERTIFICATE OF ACKNOWLEDGMENT

State of California

County of _____________________

On _________________________ before me, _____________________________, personally appeared

___________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_____________________________ (SEAL)

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BID GUARANTEE

Note: The following statement shall be used if other than a bid surety bond accompanies bid.

“Accompanying this proposal is a cashier’s check, payable to the order of the City of Novato in the amount of _____________________________________________ Dollars ($__________________) which is at least ten percent (10%) of the total amount of this bid. The proceeds of this bid guarantee shall become the property of the City of Novato provided this bid is accepted by said City, through action of its legally constituted contracting authorities, and the undersigned fails to execute a contract and furnish the required bonds and insurance within the stipulated time. Otherwise, the proceeds of this bid guarantee shall be returned to the undersigned.”

NAME OF BIDDER: ____________________________________________________

MAILING ADDRESS: ____________________________________________________

AUTHORIZED SIGNATURE: ____________________________________________________

TITLE: ____________________________________________________

DATE: ____________________________________________________

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BIDDER INFORMATION

IN THE CITY OF NOVATO, CALIFORNIA

BIDDER certifies that the following information is true and correct:

Name of Bidder: ______________________________________________________________________

Business Address: _____________________________________________________________________

Telephone: ________________________________FAX:___________________________

E-mail: ____________________________________________

CONTRACTOR’s License No.: ____________________________ Date License Issued: _____________

Classifications: _______________, _______________, _______________, _______________

License Expiration Date: _____________________

DIR Registration No.: ______________________________ DIR End Date: _____________________

The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal:

(Name / Title / Address / Telephone)

Any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: (Type of Judgment / Date)

All current and prior DBA’s, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: (Principal / DBA’s / Applicable Dates)

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Prior Disqualification

Has your firm ever been disqualified from performing work for any City, County, Public or Private

Contracting entity? Yes / No _________. If yes, provide the following information. (If more than once, use separate sheets):

Date: __________________________ Entity: _________________________________

Location: ______________________________________________________________________

Reason: _______________________________________________________________________

Provide Status and any Supplemental Statement: _______________________________________

Has your firm been reinstated by this entity? Yes / No _________

Violations of Federal or State Law

A. Has your firm or its officers been assessed any penalties by any agency for noncompliance, violations of Federal or State labor laws and/or business or licensing regulations within the past five (5) years relating to your construction projects?

Yes / No: ________ Federal / State: _________________________

If “yes”, identify and describe, (including status): ______________________________________

Have the penalties been paid? Yes / No: ____________

B. Does your firm or its officers have any ongoing investigations by any agency regarding violations of the State Labor Code, California Business and Professions Code or State Licensing laws?

Yes / No: ___________ Codes / Laws:_________________________ Section / Article:___________

If “yes”, identify and describe (including status): _______________________________________

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C. Has your firm or its officers been convicted within the preceding three years of any offenses referred to in Public Contract Code section 10285.1, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any State or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code section 1101, with any public entity, as defined in Public

Contract Code section 1100, including the Regent of the University of California or the Trustees of the California State University?

Yes / No: ___________

If “yes”, identify and describe (including status): _______________________________________

D. Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a Federal, State, or local government project because of a violation of law or a safety regulation?

Yes / No: ___________ Federal / State: _________________________

If “yes”, identify and describe (including status): _______________________________________

E. In accordance with Public Contract Code section 10232, the bidder hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a Federal court has been issued against the bidder within the immediately preceding two-year period because of the bidder’s failure to comply with an order of a Federal court which orders the bidder to comply with an order of the National Labor Relations Board.

Note: the above BIDDER INFORMATION is a part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of the above statements and questionnaire.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

I declare under penalty of perjury under the laws of the State of California that all of the representations made in this BIDDER INFORMATION are true and correct. Executed this __________________ day of _______________________________, 20__, at _____________________________________, California.

Authorized Representative: Signature ________________________________________

Title ________________________________________

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EXPERIENCE STATEMENT

Pursuant to this BID PROPOSAL and…