Bid Specifications.pdf

December 2021 Template

PUBLIC WORKS

CONTRACT DOCUMENTS

2023 Storm Damage Repair Project (LOP 5, 13, & 14)

FEMA Disaster Number DR 4683 City Project No. S202300A – Debris Removal, Cat A

City Project No. S202300P – Permanent Repair, Cat G

Brent Smith, Community Development Director Joel Waxdeck, City Engineer

CITY OF LIVERMORE

1052 South Livermore Avenue Livermore, CA 94550

Livermore Contract Documents, page i Table of Contents

City of Livermore Public Works Contract Documents

DIVISION ZERO TECHNICAL SPECIFICATIONS

Table of Contents

NOTICE INVITING BIDS

INSTRUCTIONS TO BIDDERS

BID PROPOSAL

BID SCHEDULE

SUBCONTRACTOR LIST

NONCOLLUSION DECLARATION

BID BOND

BIDDER’S QUESTIONNAIRE

CONTRACT

PAYMENT BOND

PERFORMANCE BOND

WARRANTY BOND

GENERAL CONDITIONS

SPECIAL CONDITIONS

INDEX OF NON-TECHNICAL SECTION DEFINED TERMS

APPENDIX OF FORMS

Livermore Contract Documents, page 6 Instructions to Bidders

INSTRUCTIONS TO BIDDERS

Each Bid Proposal submitted to the City of Livermore Community Development Department, Engineering Division (“City”) for its 2023 Storm Damage Repair Project (LOP 5, 13, & 14), City Project No. S202300A & S202300P, FEMA DR 4683 (“Project”) must be submitted in accordance with the following instructions and requirements:

1. Bid Submission.

Each bid (“Bid Proposal”) must be signed, sealed and submitted to the City, using the form provided in the Contract Documents, by or before the date and time set forth in the Notice Inviting Bids, or as amended by subsequent addendum. Each Bid Proposal must be accompanied by the required Bid Security. Faxed or emailed Bid Proposals will not be accepted, unless otherwise specified. Late submissions will be returned unopened. City reserves the right to postpone the date and time for receiving or opening bids. 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 City. The bid price(s), including unit prices, must include all costs to perform the Work as specified, including all indirect costs such as applicable taxes, insurance and field offices.

The envelope containing the sealed Bid Proposal and required attachments and the Bid Security must show the bidder’s name and return address, and be clearly labeled as follows:

Bid for 2023 Storm Damage Repair Project (LOP 5, 13, & 14), City Project No.

S202300A & S202300P, FEMA DR 4683

Attn: City Clerk City of Livermore 1052 South Livermore Livermore, CA 94550 Bid Opening on 07/09/24 at 2:00 PM

2. Bidder’s Questionnaire.

A completed, signed Bidder’s Questionnaire must be submitted with the Bid Proposal, using the form provided by City which required information concerning the bidder's experience in the type of work being required by the City, the bidder's organization available for the performance of the Contract, and any other required evidence of the bidder's qualifications to perform the proposed Contract. A bid that does not fully comply with this requirement may be rejected as nonresponsive. A bidder who submits a Bidder’s Questionnaire which is subsequently determined to contain false or misleading information, or material omissions, may be disqualified as non-responsible.

3. Examination of Contract Documents and Project Site.

Livermore Contract Documents, page 7

Each bidder is solely responsible for diligent and thorough review of the Contract Documents, examination of Project site, and reasonable and prudent inquiry concerning known and potential site conditions before submitting a Bid Proposal. However, bidders should not enter onto City’s property or the Project site without prior written authorization from City. Each bidder is responsible for reporting to City any errors, omissions, ambiguities, or conflicts the bidder discovers in the Contract Documents before submitting a Bid Proposal, subject to the limitations of Public Contract Code, Section 1104. City expressly disclaims responsibility for assumptions the bidder might draw from the presence or absence of information provided by City.

3.1. Subsurface Conditions. City is not responsible for the completeness of any information about subsurface conditions at or adjacent to the Project site; a bidder’s conclusions or opinions drawn from any such subsurface condition information; or subsurface conditions that are not specifically shown, subject to the limitations of Public Contract Code, Section 7104. Bidders are cautioned to consider that unknown subsurface conditions could potentially include, but not be limited to. contaminated materials, Hazardous Materials, ground water, unstable soils, unstable fills, abnormally hard/soft subsurface conditions, asbestos, lead paint, hydrocarbons, archeological sites, human remains, existing or abandoned utilities, and others. City's testing or investigations of subsurface conditions are made for the purpose of design, and the City assumes no responsibility for the sufficiency or accuracy of borings, the log of test borings, or other preliminary testing or investigations, or of the interpretation of them, and there is no guaranty, either expressed or implied, that the conditions indicated are representative of those existing throughout the Work, or any part of it, or that unanticipated conditions may not occur. When a log of test borings, reports of testing or investigation is made available to bidders or included in the Contract Documents, it is expressly understood and agreed that the log of test borings or other reports does not constitute a part of the Contract, unless expressly incorporated, and represents only an opinion of the City, or the City’s consultant, as to the character of the materials to be encountered, and is made available only for the convenience of the bidders.

3.2. Supplemental Reports and Information. The following supplemental report(s) or information contains information about the Project or Project site:

Site 28 Airway Boulevard Culvert Soils Report

Arroyo Las Positas Through Golf Course Soils Report

A copy of the report(s) or supplemental information is available for inspection at the office of the City Engineer of the City of Livermore, at 1052 South Livermore Avenue, Livermore, CA 94550, or on the City’s website. The report(s) or supplemental information listed above is made available solely for the convenience of the bidders. All statements, findings, and interpretations in the report(s) or supplemental information are those of the person or firm that prepared the report or supplemental information, and the City makes no interpretations nor representations as to the accuracy, correctness, or currentness of the information provided. Each bidder is responsible for its own interpretation of the available report(s) or information.

Livermore Contract Documents, page 8

4. Licenses and DIR Registration.

At the time the bid is made, the successful bidder and its Subcontractor(s) must possess the California contractor’s license(s) in the classification(s) and certifications required by law to perform the Work. The City will not accept a Bid Proposal from or enter into Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work under Labor Code, Section 1725.5, subject to limited legal exceptions. No bid will be accepted nor any contract entered into without proof of the bidder’s and subcontractors’ current registration with the Department of Industrial Relations. Within five working days of the bid opening, the bidder shall submit a valid DIR number. Failure to do so will deem the bid non-responsive.

5. Bidder Information.

Each Bid Proposal must be signed by the bidder’s authorized representative. Bid Proposals submitted by partnerships must be signed in the partnership name by a general partner with authority to bind the partnership. Bid Proposals submitted by corporations must be signed with the legal name of the corporation, followed by the signature and title of two officers of the corporation with full authority to bind the corporation to the terms of the Bid Proposal, under California Corporation Code, section 313.

6. 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 this Project.

7. Safety Obligations and Policies.

Before submitting a Bid Proposal, each bidder must review the “Safety Provisions” requirements of the Contract Documents to ensure that if awarded the Contract, bidder ensures that its safety programs and practices meet or exceed all safety requirements applicable to the Project.

8. 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 using the form provided in these Contract Documents. All submittals and Requests For Information (RFI) shall not be used for substitution requests as part of the submittal or RFI. All approved submittals, and responses to RFIs which also substitute items do not constitute approval of the substitution request. A request for substitution must be submitted within the time period provided in the applicable Specifications of the Contract Documents. If no time period is specified, the substitution request may be submitted any time within 35 days after the date of award of the Contract. This provision does not apply to materials, products, things, Livermore Contract Documents, page 9 or services that may lawfully be designated by a specific brand or trade name under Public Contract Code, Section 3400(c).

9. Bidders Interested in More Than One Bid.

No person, firm, or corporation may submit or be a party to more than one Bid Proposal 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, and may also submit a Bid Proposal as a prime contractor.

10. Bid Proposal and Bid Schedule.

Each bidder must fully complete and submit the Bid Proposal form, and, if required by the City, the Bid Schedule form with unit prices.

11. Incorrect Totals.

11.1. Corrections. After the opening of Bids by the City, City shall review the bids. If a Bid contains mathematical errors, Unit Price omissions, Unit Total omissions or other similar mathematical omissions, the City may correct the mathematical errors or omissions as follows:

11.1.1. In the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid, and the amount entered as the base bid on the Bid Proposal form, the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid will be deemed the base bid price. If the Unit Price is blank but the Unit Total has a legible amount, then the Unit Price shall be corrected to the quotient of the Unit Total divided by the number of Units. If the Unit Price and Unit total are both blank or illegible, then the Unit Price and Unit Total shall be corrected to $0.00.

11.1.2. If the Unit Price has a legible amount, but the product of the number of Units and the Unit Price do not equal the Unit Total or the Unit Total is blank, the Unit Total shall be the corrected product of the number of the number of Units and Unit Price.

11.1.3. If the sum of corrected Unit Totals does not equal the Total Bid, then the corrected Unit Totals shall control and the total Bid shall be corrected.

11.1.4. In the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for any bid alternate, and the amount entered for the alternate on the Bid Proposal form, the actual total of the itemized prices shown on the Bid Schedule for that alternate will be deemed the alternate price.

11.2. Non-Responsive Errors. If the cumulative amount of corrections changes the total amount of the base bid or bid alternate by more than five percent, City may consider the bid non-responsive.

11.3. Withdraw of Bids. Nothing in this Section regarding mistakes and errors is

Livermore Contract Documents, page 10 intended to prevent a bidder from requesting to withdraw its bid for material error under Public Contract Code, Section 5100, et. seq.

12. Estimated Quantities.

The quantities shown on the Bid Schedule are estimated and the actual quantities required to perform the Work may be greater or less than the estimated amount. The Contract Price will be adjusted (up or down) to reflect the quantities actually used, and determined to be necessary by the City, to complete the Work by applying the itemized or unit prices provided in the Bid Schedule, and Contract Unit Prices will not be adjusted.

13. Contractor Work Percentage

The Contractor must perform, with its own forces, at least 20 percent of the Work on the Project, calculated as a percentage of the Base Bid price excluding the amount for “specialty items” as designated by the letter S on the Bid Schedule form. The remaining Work may be performed by qualified Subcontractor(s).

14. Bid Security.

Each Bid Proposal must be accompanied by Bid Security of ten percent of the maximum bid amount, in the form of a cashier’s check, a certified check, or a bid bond, using the form included in the Contract Documents, executed by a surety licensed to do business in the State of California, made payable to the City of Livermore. (“Bid Security.”) The Bid Security must be enclosed in the same envelope as the Bid Proposal. The Bid Security must guarantee that within ten days after the City issues the ALB Notice to the apparent low bidder, that bidder will execute and submit the Contract on the form included in the Contract Documents, will submit payment and performance bonds for one hundred percent 100 percent of the Contract Price, a warranty bond for 15 percent of the Contract Price, the insurance certificates, and insurance endorsements as required by the Contract Documents. If the apparent low bidder does not meet these requirements by this deadline, it forfeits its Bid Security.

15. Bid Clarifications.

Questions regarding the Project, the bid procedures, or the meaning or intent of the Contract Documents must be submitted in writing to the Engineer at

Leo Sum, Assistant Civil Engineer Community Development Department, Engineering Division City of Livermore 1052 S. Livermore Ave Livermore, CA 94550 Email: lysum@livermoreca.gov

Any responses deemed necessary by the Engineer will be provided in a written addendum to be posted on https://www.bidnetdirect.com and the City’s website at https://www.livermoreca.gov/departments/community-

Livermore Contract Documents, page 11 development/engineering/projects-out-for-bid. Questions received less than seven days before the deadline for bid submission might not be answered. Only a written response issued in an addendum will become part of the Contract Documents. Oral responses will have no legal effect. Subject to the limitations of Public Contract Code, Section 4104.5, City reserves the right to issue addenda before the time of the bid opening.

16. Bid Proposal Form and Enclosures.

Conditions, limitations, or provisions contained in the Bid Proposal but not authorized or called for by the Contract Documents may render the Bid Proposal non-responsive. The Bid Proposal form should be fully completed without interlineations, alterations, or erasures. Any necessary corrections must be clear and legible, and must be initialed by the bidder’s authorized representative. A Bid Proposal submitted with terms such as “negotiable,” “will negotiate,” or similar, will be considered non-responsive. Each Bid Proposal must be accompanied by the required Bid Security and completed Bid Schedule, Subcontractor List, Bidder’s Questionnaire, and Non-Collusion Declaration using the forms included in the Contract Documents.

17. Withdrawal of Bid Proposals Prior to Bid Opening

A Bid Proposal may be withdrawn by the Bidder by means of a written request, signed by the Bidder or its properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids prior to the scheduled closing time for receipt of Bids.

18. Withdrawal of Bid Proposals After Bid Opening.

A Bid Proposal may not be withdrawn for a period of 90 days after the bid opening without forfeiture of the bid security, except as authorized for material error under Public Contract Code, Section 5100, et. seq.

19. Right to Reject.

City reserves the right, acting in its sole discretion, to waive immaterial bid irregularities, the right to accept or reject any and all bids, or to abandon the Project entirely. The Contract will be awarded, if at all, within 90 calendar days after opening of bids.

20. Apparent Low Bidder Notice.

Once City staff has identified the lowest responsive bid submitted by a responsible bidder, that bidder will be considered the Apparent Low Bidder to which the City will send an ALB Notice. The ALB Notice will include copies of the Contract, payment, performance and warranty bonds, as well insurance requirements and request for business licenses to be executed by the bidder which bidder must execute and return to the City within ten days after issuance of the Apparent ALB Notice.

Failure or refusal to provide the fully executed contract documents within ten days after issuance of the Apparent ALB Notice shall be just cause for an annulment of the award

Livermore Contract Documents, page 12 and forfeiture of the Bid Security. If the lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the City may award the Contract to the second lowest responsive, responsible bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the City may award the Contract to the third lowest responsive, responsible bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such bidder’s Bid Securities shall be likewise forfeited to the City.

21. Bonds.

The successful bidder is required to submit payment, performance, and warranty bonds as specified in the Contract Documents using the bond forms included in the Contract Documents. These bonds must be calculated on the total Contract price as stated in the ALB Notice, including additive alternates, if applicable. The bidder must provide the payment, performance, and warranty bonds within ten days after issuance of the Apparent ALB Notice.

22. Bid Protest.

Any bid protest must be in writing and received by City at the City Clerk’s Office, City of Livermore, 1052 South Livermore Avenue, Livermore, CA 94550 before 5:00 p.m. no later than two Working Days following bid opening and must comply with the following requirements:

22.1. General.

Only a bidder who has actually submitted a Bid Proposal 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. If required by City, the protesting bidder must submit a non-refundable fee in the amount specified by City, based upon City’s reasonable costs to administer the bid protest. Any such fee must be submitted to City no later than the Bid Protest Deadline, unless otherwise specified

22.2. Protest Contents.

The bid protest must contain a complete statement of the basis for the protest and 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 person representing the protesting bidder if different from the protesting bidder.

22.3. Copy to Protested Bidder.

A copy of the protest and all supporting documents must be concurrently transmitted by fax or by email, by or before the Bid Protest Deadline, to the protested bidder and any

Livermore Contract Documents, page 13 other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.

22.4. Response to Protest.

The protested bidder may submit a written response to the protest, provided the response is received by City before 5:00 p.m., within three Working Days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Bid Protest Response Deadline”). The response must include all supporting documentation.

Material submitted after the Bid Protest Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person representing the protested bidder if different from the protested bidder.

22.5. Copy to Protesting Bidder.

A copy of the response and all supporting documents must be concurrently transmitted by fax or by e-mail, by or before the Bid Protest Deadline, to the protesting bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.

22.6. 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 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.

23. Right to Award.

City reserves the right to award the Contract to the bidder it has determined to be the lowest responsive bid submitted by a responsible bidder, and to issue a notice to proceed with the Work notwithstanding any pending or continuing challenge to its determination.

END OF INSTRUCTIONS TO BIDDERS

Livermore Contract Documents, page 14 Bid Proposal

BID PROPOSAL

2023 Storm Damage Repair Project (LOP 5, 13, & 14) FEMA Disaster Number DR 4683

City Project No. S202300A – Debris Removal City Project No. S202300P – Permanent Repair

______________________________________________________ (“Bidder”) hereby submits this Bid Proposal to The City of Livermore (“City”) for the above-referenced project (“Project”) in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced therein.

1. Base Bid.

Bidder proposes 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, for the following price (“Base Bid”): $ _____________________________. (Price in numerals) The Base Bid is comprised of the unit pricing shown on the Bid Schedule, the next section of these Contract Documents, which is incorporated into and made a part of this Bid Proposal. Bidder must fully complete and submit the Bid Schedule in order for its bid to be complete.

2. Contractor Work Percentage

The Contractor must perform at least 20 percent of the Work on the Project, calculated as a percentage of the base bid price, with its own forces, excepting the amount of the original base bid price for “specialty items” as designated by the letter S on the Bid Schedule form. The remaining Work may be performed by qualified Subcontractor(s).

3. Addenda.

Bidder acknowledges receipt of the following addenda:

Addendum: Date Received: Addendum: Date Received:

#01 _____________ #05 _____________

#02 _____________ #06 _____________

#03 _____________ #07 _____________

#04 _____________ #08 _____________

4. Bidder’s Warranties.

By signing and submitting this Bid Proposal, Bidder warrants the following:

4.1. Examination of Contract Documents.

Livermore Contract Documents, page 15

Bidder has thoroughly examined the Contract Documents, and represents that, to the best of Bidder’s knowledge there are no errors, omissions, or discrepancies in the Contract Documents subject to the limitations of Public Contract Code, Section 1104.

4.2. Examination of Worksite.

Bidder has had adequate opportunity to examine the Worksite and local conditions at the Project location.

4.3. Bidder is Qualified.

Bidder is fully qualified to perform the Work.

4.4. Responsibility for Bid.

Bidder has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions contained in its completed Bid.

4.5. Safety Compliance.

Bidder has carefully reviewed the “Safety Provisions” requirements of the Contract Documents and independently determined, that if awarded the Contract, Bidder is able to and will ensure that its safety programs and practices meet or exceed all safety requirements applicable to the Project required by any and all local, state and federal laws and regulations.

4.6. Bid Proposal Truthful

By signing and submitting this Bid Proposal, Bidder verifies under the penalty of perjury pursuant to the laws of the State of California that every statement of fact is true, including but not limited to every representation in the Bid Proposal, Bid Schedule, Subcontractor List, and Bidder’s Questionnaire.

5. Award of Contract.

By signing and submitting this Bid Proposal, Bidder agrees that if City staff determines that Bidder is the Apparent Low Bidder, that Bidder will do all of the following within ten calendar days following City’s issuance of the ALB Notice to Bidder:

5.1. Execute Contract.

Contractor will execute the Contract with City, offering to perform the Contract in accordance with the terms of this Bid Proposal, by signing and submitting to City all copies of the Contract prepared by City using the form included with the Contract Documents and included with the ALB Notice;

5.2. Submit Required Bonds.

Contractor will submit to City a payment bond and a performance bond, each for 100 percent of the Contract Price and a warranty bond for 15 percent of the Contract Price, Livermore Contract Documents, page 16 using the bond forms provided and in accordance with the requirements of the Contract Documents; and

5.3. Insurance Requirements.

5.4. Contractor will submit to City the insurance certificate(s) and endorsement(s) as required by the Contract Documents. Bid Security

As a guarantee that it will perform its obligations under Bidder’s Warranties of this Bid Proposal, Bidder is enclosing bid security in the amount of ten percent of its maximum bid amount in the following form:

____ A cashier’s check or certified check payable to City and issued by ______________________________________________ in the amount of $_________________; or

____ A bid bond, using the Bid Bond form included with the Contract Documents, payable to City and executed by a surety licensed to do business in the State of California.

6. Bid certifications

This Bid Proposal is hereby submitted on _________________________, 20__, and was signed in the California City/County of ______________________. The person signing this Bid Proposal verifies that every statement in the Bid Proposal and all accompanying documents submitted by Bidder are true, under the penalties of perjury pursuant to the laws of the State of California.

s/

Signature

Name [Print] Title [ Print]

Company Name License Number and Classification

Street Address Phone

Livermore Contract Documents, page 17

City, State, Zip Code DIR Registration Number

END OF BID PROPOSAL

Livermore Contract Documents, page 18 Bid Schedule

BID SCHEDULE

The bidder must provide unit prices for each bid item listed below, based on the specified unit of measure. The unit price for each item must include all of the bidder’s costs and markup, including labor, materials, equipment, supplies, insurance, taxes, overhead and profit. In the far right column, provide the unit total for each item, calculated as the product of the unit price multiplied by the estimated quantity.

Enter all unit total amounts as the total and enter that amount in numeric form as the Base Bid Total on the Bid Proposal form. The form below, a submitted by Bidder, shall be known as the “Bid Schedule.”

If bid alternates are required, provide a separate total, as indicated, for the Base Bid and each separate bid alternate, and complete the Bid Proposal form as indicated.

Arroyo Mocho Trail Near Creek Road (LOP 14)

Bid Item Description Unit of Measure

Estimated Quantity

Unit Price Unit Total

14.1 Mobilization LS 1

14.2 Trail Closure Barrier and

Signs

LS 1

14.3 Dewatering LS 1

14.4 Clearing, Grubbing, and

Grading

LS 1

14.5 Construction Fence LF 460

14.6 Erosion Control and

BMP/SWPP Measures

LS 1

14.7 Sediment, Debris, and

Trash Removal, Off-Haul, and Disposal

CY 120

14.8 ½ Ton Rock Riprap TON 240

14.9 Rock Riprap Filter Fabric SY 120

14.10 Site Restoration LS 1

Creek Rd. Bid subtotal (Items 14.1 to 14.10):

(Price stated in numeric format) $ _________________

Arroyo Mocho Trail Near Anza Way (LOP 13)

Bid Item

Description Unit of Measure

Estimated Quantity

Unit Price Unit Total

13.1 Mobilization LS 1

13.2 Clearing, Grubbing, and

Grading

LS 1

13.3 Construction Fence LF 2465

Livermore Contract Documents, page 19 Bid Schedule

13.4 Erosion Control and

BMP/SWPP Measures

LS 1

13.5 Relocate and Compact

Material On-Site

CY 200

13.6 ¼ Ton Rock Riprap TON 165

13.7 Rock Riprap Filter Fabric SY 190

13.8 Site Restoration LS 1

Anza Way Bid subtotal (Items 13.1 to 13.8):

(Price stated in numeric format) $ ________________________

Airway Culvert (LOP 5)

Bid Item

Description Unit of Measure

Estimated Quantity

Unit Price Unit Total

5.1 Mobilization LS 1

5.2 Dewatering, Cofferdam LS 1

5.3 Clearing, Grubbing, and

Grading

LS 1

5.4 Construction Fence LF 1090

5.5 Erosion Control and

BMP/SWPP Measures

LS 1

5.6 Sediment, Debris, and

Trash Removal, Off-Haul, and Disposal

CY 10

5.7 Sediment Excavation, Placement and Compaction at Stockpile Area

CY 860

5.8 Tree Trimming & Removal LS 1

5.9 Site Restoration LS 1

Airway Blvd. Bid subtotal (Items 5.1 to 5.9):

(Price stated in numeric format) $ _______________________

Base Bid Total (Sum of LOP 5, 13, and 14):

(Price stated in numeric format) $ __________________________

(Price stated in words) _________________________________

END OF BID SCHEDULE

Livermore Contract Documents, page 20 ] Subcontractor List

SUBCONTRACTOR LIST

For each Subcontractor who 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 street, highway or bridge construction for Subcontractor work of $10,000 or more, the bidder must use this form and list the Subcontractor, describe the work, the Subcontractor’s California contractor’s license, Department of Industrial Relations (“DIR”) Number, the location of its place of business and the percentage of the Work the Subcontractor will perform.

Print legibly. Illegible forms may be rejected as non-responsive.

Subcontractor Description of Work California Contractor

License No.

California DIR No. Business Location

Percent of Project Work

END OF SUBCONTRACTOR LIST

Livermore Contract Documents, page 21 Non-collusion Declaration

NONCOLLUSION DECLARATION

California Public Contract Code, Section 7106 Title 23, United States Code, Section 112

(To be executed by bidder and submitted with bid)

Pursuant to California Public Contract Code, Section 7106, the undersigned declares: I am the ___________________ of ___________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

Additionally, to comply with the requirements of Title 23, United States Code, Section 112, I declare, on behalf of the bidder, that the bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with its efforts to earn the award of the Contract bid upon.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______________[date], at __________________[city], _______________[state] s/________________________________________ Date: _________________

__________________________________________ Name and Title [print]

END OF NONCOLLUSION DECLARATION

Livermore Contract Documents, page 22 Bid Bond

BID BOND

_______________________________________________ (“Bidder”) has submitted a bid, dated _______________________, 20______ (“Bid”), to City of Livermore, California (“City”) for work on the 2023 Storm Damage Repair Project (LOP 5, 13, & 14), City Project No. S202300A & S202300P, FEMA DR 4683 (“Project”). Under this duly executed bid bond (“Bid Bond”), Bidder as Principal and _________________________________________________, its surety (“Surety”), are bound to City as Obligee in the penal sum of ten (10) percent of the maximum amount of the Bid (the “Bond Sum”). Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as follows:

1. General.

Following the City’s issuance of the Apparent Low Bid Notice (“ALB Notice”), Bidder will execute the Contract in accordance with the terms of the Bid.

2. Submittals.

Within ten days following issuance of the ALB Notice to Bidder, Bidder must submit to City the following:

2.1. Contract. All copies of the Contract form included with the ALB Notice, duly executed by Bidder.

2.2. Payment Bond. A payment bond for 100 percent of the maximum Contract Price, executed by a surety licensed to do business in the State of California, using the Payment Bond form included with the Contract Documents.

2.3. Performance Bond. A performance bond for 100 percent of the maximum Contract Price, executed by a surety licensed to do business in the State of California, using the Performance Bond form included with the Contract Documents.

2.4. Warranty Bond. A warranty bond for 15 percent of the maximum Contract Price, executed by a surety licensed to do business in the State of California, using the Warranty Bond form included with the Contract Documents.

2.5. Insurance. The insurance certificate(s) and endorsement(s) required by the Contract Documents.

2.6. Certification(s). All certifications, if any, specified in the Instructions for Bidders.

2.7. Other Information. Any other documents required under the Instructions for Bidders.

3. Enforcement.

Livermore Contract Documents, page 23 Bid Bond

If Bidder fails to execute the Contract and to submit the bonds and insurance certificates as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond Sum to City. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:

Attn: ________________________________

Address: _____________________________

City/State/Zip: _________________________

Phone: _____________Fax: _____________

Email: _______________________________

4. Duration; Waiver.

If Bidder fulfills its obligations under Section 2, above, then this obligation will be null and void; otherwise it will remain in full force and effect for 90 days after the bid opening or until this Bid Bond is returned to Bidder, whichever occurs first. Surety waives the provisions of Civil Code, Sections 2819 and 2845.

This Bid Bond is entered into and effective on ___________________, 20_____.

SURETY:

s/ _________________________________

Name: _____________________________

Title: ______________________________

(Attach Acknowledgement, Notary Seal, and Attorney-In-Fact Certificate)

CONTRACTOR:

s/ _________________________________

Name: _____________________________

Title: ______________________________

END OF BID BOND

Livermore Contract Documents, page 24 Bidder’s Questionnaire

BIDDER’S QUESTIONNAIRE

2023 Storm Damage Repair Project (LOP 5, 13, & 14) FEMA Disaster Number DR 4683

City Project No. S202300A – Debris Removal City Project No. S202300P – Permanent Repair

Submission of a completed Bidder’s Questionnaire with the sealed Bid Proposal is required for the above-referenced Project. City may use the completed Questionnaire to evaluate the bidder’s qualifications for this Project. The Questionnaire must be filled out completely, accurately, and legibly. Any errors, omissions, or misrepresentations in completion of the Questionnaire may be grounds for rejection of the bid or termination of a Contract awarded under the bid.

1. General Information

Bidder Name: (“Bidder”) _______________________________________

Check One: ___ Corporation ___________________________________

___ Partnership ___________________________________

___ Sole Proprietorship _____________________________

___ Joint Venture of: _______________________________

___ Other: _______________________________________

Address: ___________________________________________________

Phone: ____________________________________________________

Fax: _______________________________________________________

Owner of Company: ___________________________________________

Contact Person ______________________________________________

Contractor’s License Number(s): ________________________________

Expiration Date: _____________________________________________

Livermore Contract Documents, page 25

2. Bidder’s Experience.

Provide responses on labelled separate sheet concerning the following:

2.1. Years in business. How many years has Bidder been in business under its present business name?

2.2. Similar projects. Has Bidder completed projects similar in type and size to this Project as a general contractor?

2.3. Disqualifications. Has Bidder ever been disqualified on grounds that it is not responsible? If yes, provide additional information regarding the disqualification, including, but not limited to, the name and address of the agency or owner of the subject project, the type and size of the project, the reasons that Bidder was disqualified as not responsible, and the month and year in which the disqualification occurred.

2.4. Terminations. Has Bidder ever been terminated from a construction project, either as a general contractor or as a subcontractor? If yes, provide additional information regarding the termination, including, but not limited to, the name and address of the agency or owner of the subject project, the type and size of the project, whether Bidder was under contract as a general contractor or a subcontractor, the reasons that Bidder was terminated, and the month and year in which the termination occurred.

2.5. Past Projects. Provide information about Bidder’s past projects performed as general contractor as follows:

2.5.1. Three most recently completed public works projects within the last five years;

2.5.2. Three largest completed projects within the last three years; and

2.5.3. Any project which is similar to this Project.

2.5.4. For each Past Project you have identified, provide all of the following information:

(a) Project Name

(b) Location

(c) Owner

(d) Owner Contact (name and current phone number)

(e) Architect or Engineer Name

(f) Architect or Engineer Contact (name and current phone number)

(g) Construction Manager (name and current phone number)

Livermore Contract Documents, page 26

(h) Description of Project, Scope of Work Performed

(i) Initial Contract Value (at time of bid award)

(j) Final Cost of Construction (including change orders)

(k) Original Scheduled Completion Date

(l) Time Extensions Granted (number of days)

(m) Actual Date of Completion

(n) Number and amount of filed Stop Notices or Mechanic’s Liens

(o) Amount of liquidated damages assessed against Contractor

(p) Nature and resolution of any claim, lawsuit, or arbitration between Bidder and the Owner

3. Verification

I, the undersigned, declare that I am duly authorized to sign and submit this Bidder’s Questionnaire on behalf of the named Bidder, and that all response and information set forth here and in the attachments are, to the best of my knowledge, true, accurate and complete as of the date of submission. I DECLARE UNDER PENALTY OF PERJURY

UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS

TRUE AND CORRECT.

Signature: ______________________________ Date: _________________________

By [name, title]: ________________________________________________________

For [name of Bidder]: ____________________________________________________

Signed in the California City/County of: ______________________________________

END OF BIDDER’S QUESTIONNAIRE

Livermore Contract Documents, page 27 Contract

CONTRACT

This public works contract (“Contract”) is entered into by and between the City of Livermore, a California Municipal Corporation (“City”) and {Name of Contractor}, {a/an} {list contractor’s state of registration here} {identify type of entity here} eg: a California corporation (“Contractor”) for work on the 2023 Storm Damage Repair Project (LOP 5, 13, & 14), City Project No. S202300A & S202300P, FEMA DR 4683 (“Project”).

The Parties Agree as Follows:

1. Award of Contract.

In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform work on the Project, and on _____________, 20___, as part of Resolution No.

__________________, City authorized award of this Contract to Contractor for the amount of Contractor’s bid.

2. Contract Documents.

This Contract consists of all of the written representations and submissions made by Contractor as part of the Bid process and the following numbered and un-numbered component documents, as detailed on the table of contents of this Agreement:

a. Bidding requirements (consisting of the Notice Inviting Bids; Instructions to Bidders; Bid Proposal; Bid Schedule, Subcontractor List, Noncollusion Declaration, Bid Bond, Bidder’s Questionnaire, Payment Bond, Performance Bond, Warranty Bond); Exhibit A – FEMA Federal Provisions; Exhibit B – DBE Forms

b. General Conditions;

c. Special Conditions;

d. Division One Technical Specifications;

e. Appendix;

f. Index of Defined Terms;

g. Project Drawings and Specifications;

h. Bid Addenda, if any;

i. Change Orders, if any;

j. ALB Notice;

k. Notice to Proceed;

Livermore Contract Documents, page 28

l. City Standard Specifications and Details;

m. And the following: no other documents

3. Contractor’s Obligations.

Contractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment.

As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor _________________________________________ Dollars ($________________) (the “Contract Price”), in accordance with the payment provisions in the General Conditions.

5. Time for Completion.

5.1. Substantial Completion

Contractor must achieve Substantial Completion, as that term is defined in the General Conditions, of the Project Work within 30 Working Days from the commencement date stated in the Notice to Proceed. (“Substantial Completion Deadline.”). For this project, the Contractor shall also incorporate 2 of average anticipated inclement Weather Days into their bid estimate. Contractor shall be solely responsible for the extended overhead and profit for these weather days and shall not be compensated by the City in any way, reference Section 10.3 of the General Conditions and Section 013200-4.3 Contract Schedules for additional weather day information. It is critically important to this Project that all work within the creek banks shown on the Project Drawings be completed prior to October 15, 2024 as shown in the Contract Schedule (“Creek Work”) because the Regional Water Quality Control Board prohibits the City from undertaking creek work after this date.

5.2. Final Completion

Contractor must achieve Final Completion, as that term is defined in the General Conditions, of the Project Work within 10 Working Days after the date of substantial completion. (“Final Completion Deadline.”)

5.3. Early Completion.

By signing below, Contractor expressly waives any claim for delayed early completion.

Livermore Contract Documents, page 29

6. Liquidated Damages.

If Contractor fails to meet either the Substantial Completion Deadline or the Final Completion Deadline, City may assess liquidated damages according the provisions in the General Conditions of the Contract Documents in the following amounts for each day of Unexcused Delay, and the Contract Price shall be reduced accordingly.

6.1. Substantial Completion Deadline: Five thousand dollars ($ 5000) per day.

6.2. Final Completion Deadline: Five hundred dollars ($ 500) per day.

7. Labor Code Compliance.

This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the California Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance.

7.1. Prevailing Wages.

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. The general prevailing wage rates for each craft, classification or type of covered work are available online at http://www.dir.ca.gov/DLSR.

7.2. DIR Registration.

City will not accept a Bid Proposal from or enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work under Labor Code, Section 1725.5, subject to limited legal exceptions allowed by the Labor Code.

8. Workers’ Compensation Certification.

Under Labor Code, Section 1861, by signing this Contract, Contractor certifies as follows:

“I am aware of the provisions of Labor Code, Section 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

The successful bidder previous to the entering of the contract to do the said work shall take out and maintain in full force and effect worker's compensation insurance with an insurance carrier authorized to transact business in the State of California, covering the bidder's full liability for compensation to any persons employed who may be injured in the carrying out of said contract or the dependents thereof. Evidence of such worker's compensation insurance shall be furnished to the City of Livermore by certificate and waiver of subrogation in the City’s electronic insurance certificate tracking system (PINS)

Livermore Contract Documents, page 30 prior to the commencement of the work and said certificate shall contain a provision that the coverage thereunder will not be canceled until at least thirty (30) days prior written notice has been given to the City.

9. Notice.

Any notice, billing, or payment required by the Contract Documents must be made in writing, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, facsimile, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows:

City Contractor

Name Joel Waxdeck Address 1052 South Livermore Avenue City/state/zip Livermore, CA 94550 Phone (925) 960 – 4521 Fax (925) 960 – 4505 Attention City Engineer Email jhwaxdeck@LivermoreCA.gov Copy to lysum@livermoreca.gov

10. General Provisions.

The following items are repeated here as stated as part of Part 2, General Conditions, for emphasis:

10.1. Assignment and Successors.

Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s successors and permitted assigns. A consolidation or merger of Contractor or a change in ownership of 25% or more of Contractor’s capital stock constitutes an assignment by Contractor requiring the City’s written consent.

10.2. Third Party…