BidInstructions-RegularCIP.pdf

INSTRUCTIONS TO BIDDERS

Sewer Laterals Beach Restrooms

SP2658

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TABLE OF CONTENTS

1) PREPARATION OF BIDS

2) INTERPRETATION OF CONTRACT DOCUMENTS

3) SUBMITTAL OF BIDS

4) WITHDRAWAL OF BIDS

5) ERRORS

6) AWARD OF CONTRACT

7) REJECTION OF BIDS

8) EXECUTION OF CONTRACT

9) BID GUARANTEE

10) BOND REQUIREMENTS

11) LICENSES

12) PREVAILING RATES OF WAGES

13) PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM

14) SANTA MONICA LIVING WAGE ORDINANCE

15) SANTA MONICA OAKS INITIATIVE NOTICE

16) BID PROTEST

17) CONSTRUCTION MANAGEMENT SOFTWARE

18) LABOR COMPLIANCE SOFTWARE

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1) PREPARATION OF BIDS

Bids must be submitted electronically online through OpenGov Procurement and must be filled out completely.

The Bid must state the amounts for which the Bidder proposes to supply all labor, materials, equipment, tools, transportation and services and perform all Work required by the Contract Documents. Bids shall not contain any conditions, limitations or provisions of the Work to be done. Alternative Bids will not be considered unless requested. No oral, telegraphic or telephonic Bids or Modifications shall be considered.

FAILURE TO PROVIDE THE INFORMATION REQUESTED IN THE ATTACHED BID

FORM MAY RESULT IN REJECTION OF A BID AT THE DISCRETION OF THE CITY.

2) INTERPRETATION OF CONTRACT DOCUMENTS

The Contract Documents are identified in the Bid Documents. Capitalized terms are defined in the Bid Documents. All Bidders are cautioned that the successful Bidder incurs duties and obligations under all of the Contract Documents and that they should review all of the Contract Documents and should not merely examine the Drawings and Specifications in making their Bid.

Should a Bidder find discrepancies in, or omissions from, the Contract Documents, or should the Bidder be in doubt as to their meaning, the Bidder shall at once notify the City and request an interpretation or clarification. Requests for clarifications must be in entered into OpenGov Procurement thru the “Question and Answer” tab. The person submitting such request will be responsible for ensuring that their question was properly uploaded to OpenGov Procurement.

Verbal requests for clarifications will not be considered. The last day to submit questions for clarification is November 13, 2026. Questions can only be asked via OpenGov Procurement thru the “Question and Answer” tab. Responses shall be provided by the City after the Question and Answer Period has closed on OpenGov Procurement.

Should the City find that the point in question is not clearly and fully set forth in the Contract Documents; the City may issue a written Addendum, which will be sent to all Bidders of record. The City will not be responsible for any other explanation or interpretation of the Contract Documents, or for any oral instructions.

3) SUBMITTAL OF BIDS

ELECTRONIC SUBMISSIONS: Bids will only be accepted electronically through the

OpenGov Procurement or https://procurement.opengov.com/portal/santa-monica-

ca. They must be received by the specified date and time. Late bids will not be accepted. Please allow sufficient time for uploading of documents.

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LATE BIDS

It is the bidder’s responsibility to ensure that any bid shall be submitted through the OpenGov Procurement or https://procurement.opengov.com/portal/santa-monica-

ca. by the deadline date and time. Late bids will not be accepted.

4) WITHDRAWAL OF BIDS

Bids may only be withdrawn in writing, addressed to the City Clerk, prior to the time specified in the Notice Inviting Bids for the (electronic) opening of Bids.

5) ERRORS

The City reserves the right to reject any and all Bids. Bidders will not be released on account of errors except that the City reserves the right to waive any minor irregularity or informality in any Bid.

6) AWARD OF CONTRACT

The award of the Contract, if it be made, will be made to the Best Bidder in accordance with Santa Monica Municipal Code Section 2.24.180. The City is not required to award to the lowest bidder. The successful Bidder must be able to show that it can perform the required Work within the allotted time. The Total Base Bid will equal the sum of the Base Bid item(s) and will NOT include the Additive/Deductive Alternate Bid(s) unless otherwise specifically stated.

For purposes of SP2658, the monetary evaluation of the bids will be the sum total of the Base Bid only Proposal Grading:

50% Price 25% Experience 25% Project Team

The City reserves the right to award any or no portion of the Additive/Deductive Alternate Bid(s).

7) REJECTION OF BIDS

Bids may be rejected if they show any alteration in form, additions not called for, conditions or alternative Bids, incomplete Bids or irregularities. The City reserves the right to reject any and all Bids.

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8) EXECUTION OF CONTRACT

The Bidder to whom the award is made shall execute the Contract and furnish both the Performance Bond and the Labor and Material Payment Bond along with the Certificate of Insurance required by the Contract Documents and shall deliver the same to the City Project Manager within ten (10) days after the City has mailed the Notice of Award to said Bidder that the Contract has been awarded to the Bidder.

Failure or refusal of the successful Bidder to execute the Contract and return the same to the City within said ten (10) days shall result in the forfeiture of the Bidder's cash deposit, check, or Bidder's bond to the City as liquidated damages. No Bid shall be considered binding upon the City until the execution of the Contract by the City.

The City utilizes DocuSign, an electronic signature software program, to obtain signatures from City vendors on all public works contracts. The contract review and signature process is now completely electronic.

Please provide the name and email of the person within your organization who is authorized to sign contracts on the bid form. The authorized signer will receive an email when the contract is ready for signature. The contract will not be sent back to the vendor in hardcopy form, it will be sent via email electronically. This is a completely paperless process.

Please ensure that the email provided to the City in the bid form is valid and that the person will be available to sign the contract during the contract execution process.

The review and redlining process will occur electronically via email before the contract is routed for signature via DocuSign. No additional redlines can be made once the document is routed for signature in DocuSign. Once the contract has been finalized by all parties, signers will receive an email from DocuSign notifying them they need to sign.

DocuSign is available online and can also be accessed from smart phones or tablets.

9) BID GUARANTEE

Each Bid must be accompanied by a certified or cashier's check made payable to the City of Santa Monica, or a Bidder's bond (using the form provided in the Bid Form) for an amount equal to at least ten percent (10%) of the amount bid as a guarantee that the Bidder will enter into a contract with the City. Bid bonds (or cashier’s checks) must be scanned and uploaded into OpenGov Procurement.

Bid bonds must be submitted electronically via Surety 2000 (http://www.surety2000.com) OR via paper bond, certified check or cashier’s check.

Bid bonds must be received by the City no later than bid closing. If bonds are mailed, they must be mailed via United States Postal Service only to Archiecture Services Division, 1685 Main Street, Mail Stop #15, Santa Monica, CA 90401.

Failure to comply with this Paragraph 9.0 will render the Bid non-responsive. If awarded the Contract, the Bid Guarantee will be retained by the City as liquidated damages if the successful Bidder fails or refuses to enter into said Contract and furnish the required Labor and Material Bond, Performance Bond, and evidence of insurance coverage. Forfeiture

Public Works | Instructions to Bidders CIP | March 2024 4 | P a g e by the successful Bidder shall not preclude recovery of any sum over and above the Bid Guarantee, to which the City sustains damage because of default. If the successful Bidder executes the Contract and furnishes all bonds and insurance required by the Contract Documents within the time specified by the Contract Documents, any cash or check accompanying that successful Bid will be returned. Cash or checks accompanying rejected Bids will be returned within fourteen (14) Days after execution of the Contract.

10) BOND REQUIREMENTS

Within ten (10) Days after the issuance of the Notice of Award and prior to commencing Work on the Project, Contractor shall file with City good and sufficient Labor & Material Payment and Performance Bonds each in the amount of 100% of the Contract Sum. The bonds shall be signed by both Contractor and Surety and properly notarized on the City’s provided forms or such other forms as required by City. Should any bond required hereunder or any surety on such bond become or be determined by City to be insufficient, it shall be replaced within ten (10) Days by a bond that fully complies with the requirements of Article 11.2 (Bond Requirements) of the City’s General Conditions. No further payments to Contractor for Work performed shall be made or due until Contractor has fully complied with all the requirements.

Surety companies used by Contractor for Labor & Material Payment and Performance Bonds shall be, on the date the Contract is signed by Owner, listed in the latest published United States Treasury Department list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies (Treasury List).”

Surety companies used by Contractor shall be, on the date the Contract is signed by City and at all times while the bonds are in effect, either California Admitted Sureties or listed in the latest published United States Treasury Department list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies and either have a current A.M. Best A VIII rating or be an admitted surety that meets the requirements of the California Code of Civil Procedure, Section 995.660.

11) LICENSES

The Contractor and Subcontractors shall be licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California and submit the number and classification of said licenses with the Bid Documents.

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12) PREVAILING RATES OF WAGES

This Project constitutes a "public works" project within the meaning of California Labor Code section 1720 and is subject to the prevailing wage laws. Bidder should familiarize itself with the prevailing wage provisions in Article 13 (Statutory Requirements) of the City’s General Conditions.

13) PUBLIC WORKS CONTRACTOR REGISTRATION PROGRAM

In accordance with State of California Senate Bill No. 854 (Stat.2014, Chapter 28), contractors wishing to bid on or engage in the performance of public works must be registered with the Department of Industrial Relations ("DIR"). Subcontractors must also be registered with the DIR to be listed in a bid proposal. By submitting a bid for a City of Santa Monica public works project, Bidder acknowledges the above and agrees that it is currently registered with the DIR and will maintain its registration with the DIR during the term of the Contract. Bidder also agrees that its listed subcontractors are currently registered with the DIR and will remain registered with the DIR during the term of the Contract.

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

A bid proposal shall not be accepted nor any contract entered into without proof of the Bidder's or its subcontractors' current registration with the DIR.

As of April 1, 2015, contractors and subcontractors must furnish electronic certified payroll records to the Labor Commissioner (State of California, Division of Labor Standards Enforcement).

Please see the DIR website for complete details and actions. It is the responsibility of the contractor to ensure all DIR requirements and regulations are met and stay current. For more information on Senate Bill No. 854, see http://www.dir.ca.gov/Public- Works/SB854.html.

14) SANTA MONICA LIVING WAGE ORDINANCE

The City of Santa Monica’s Living Wage Ordinance, Santa Monica Municipal Code Chapter 4.65 (“Living Wage Ordinance”), requires the payment of Minimum Wage for work done on any Contract over a certain threshold to any worker who does not actually work as a manager, supervisor or confidential employee, and who is not required to possess an occupational license. The established Minimum Wage includes an annual adjustment each July 1st by an amount corresponding to the previous calendar year’s change in the

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Consumer Price Index for Urban Wage Earners and Clerical Workers in Los Angeles, Riverside and Orange Counties.

If the Living Wage Ordinance applies to services sought pursuant to this bid, bidders are required to submit this form via OpenGov Procurement. If the bidder is selected, the bidder must maintain payroll records that include, at minimum, the full name of each employee providing services under the contract, job classification and rate of pay. Bids that fail to upload this Certification Form may be considered non-responsive and excluded from further consideration.

15) SANTA MONICA OAKS INITIATIVE NOTICE

Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. It prohibits a public official from receiving specified personal benefits from a person or entity after the official votes, or otherwise takes official action, to award a “public benefit” to that person or entity. Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000.

The Oaks Initiative requires the City to provide this note and information about the Initiative’s requirements. If the Oaks Initiative applies to services sought pursuant to this bid, bidders are required to prepare and upload the Oaks Initiative Disclosure Form via OpenGov Procurement. Bidders may also obtain a full copy of the Initiative’s text from the City Clerk. Bidders are required to electronically submit the Oaks Initiative form via Procure Now.

16) BID PROTEST

All parties wishing to file a protest shall comply with the procedures set forth below.

Proposer may file a written protest with the Director of Public Works no more than seven calendar days following the posting of award recommendation on the City’s online vendor portal website. The protest must include the name address and telephone number of the protestor and or the person representing the protesting party.

The written protest must set forth in detail all grounds for the protest including without limitation all facts supporting documentation legal authorities and arguments in support of the grounds for the protest. All factual contentions must be supported by evidence. Any matters not set forth in the written protest shall be deemed waived. Any protest not conforming to the requirements of this Section may be rejected as invalid.

Once a protest has been filed with the Director of Public Works no contract shall be awarded until the Director of Public Works has issued his or her final determination on the protest. The Director of Public Works shall review the merits and timeliness of the protest and issue a written decision to the protestor within ten calendar days of receipt of the protest. The Director of Public Works shall have final authority to sustain or deny a protest.

The Director of Public Works decision shall constitute the City’s final determination on the protest.

Protests received after the deadline will not be accepted.

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17) CONSTRUCTION MANAGEMENT SOFTWARE

This project will utilize Procore’s (www.procore.com) project management and collaboration system for all project documentation. The prime contractor and applicable team members (subcontractors) will be required to create a Procore username (email) and password if they do not already have one. The contractor and subcontractors will be expected to obtain drawings, sketches, RFIs, meeting minutes, coordination drawings, change order information, etc. via this application. City will notify contractor as relevant items are added. It will be the responsibility of the contractor to regularly check and review updated documents as they are added. If unfamiliar or not previously trained with software, contractor and applicable team members shall complete a free, one-hour training certification course located at http://learn.procore.com/procore-certification-subcontractor within prior to issuance of the Notice to Proceed. There will be no cost to the contractor for use of Procore.

It is recommended that the contractor provide mobile iOS or Android devices with the Procore App installed to at least one individual on-site to provide real-time access to current posted drawings, specifications, RFIs, submittals, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. This section does not relieve the contractor of the requirements of Section 3.11 of the General Conditions.

18) LABOR COMPLIANCE SOFTWARE

This project will utilize LCP Tracker, a third-party, cloud-based prevailing wage and workforce compliance and management software. LCP tracker electronically manages the certified payroll records for all City of Santa Monica’s DIR-monitored public works projects.

There will be no cost to the contractor or subcontractors for use of LCP Tracker (https://lcptracker.com/solutions/lcptracker). The prime contractor and applicable team members (subcontractors) will be required to create an LCP Tracker username (email) and password if they do not already have one. The contractor and subcontractors will be required to upload their certified payroll records, including apprenticeship forms and proof of benefit contributions, using this software. Contractor will also need to notify the City’s 3rd party prevailing wage consultant, GCAP, Inc., as relevant items are added. It will be the responsibility of the contractor to regularly upload certified payroll documents for each City project the contractor is working on. If unfamiliar or not previously trained with LCP Tracker software, the City’s consultant (GCAP) can provide training sessions and there are online training modules such as this one easily found on Google:

https://www.youtube.com/watch?v=Suc5ii1K28Q.