Civic_Plaza_Building_Exterior_Painting_Project.pdf

CITY OF WATSONVILLE

County of Santa Cruz

Public Works & Utilities Department

City Hall, 250 Main Street, Watsonville, California 95076

Request for Bids

Civic Plaza Building Exterior Painting Project

Project CB-26-15079

MAYOR

Kristal Salcido

COUNCIL MEMBERS

Eduardo Montesino

Maria Orozco

Casey K. Clark

Jimmy Dutra

Ari Parker

Vanessa Quiroz-Carter

CITY MANAGER

Tamara Vides

BIDS DUE

August 11, 2026, before 3:00 pm

City of Watsonville

TABLE OF CONTENTS

00 Notice Inviting Bids

01 Bid Item Proposal

02 Bidder Questionnaire

03 General Provisions

04 Special Provisions

05 Bid Item Descriptions

Attachments:

A - Civic Plaza Exterior Building Painting Plans

B - Civic Plaza Summary of Work 7-14-26

D - Bid Guarantee Bond Form

E - Post-Bid Contract Documents

00 NOTICE INVITING BIDS

PROJECT NAME: Civic Plaza Building Exterior Painting Project

PROJECT NO. CB-26-15079

BID OPENING DATE: Tuesday, August 11, 20263:00 pm

Notice is hereby given that the Purchasing Officer of the City of Watsonville will receive electronic bids for the above listed project through the City's OpenGov Procurement portal.

The project consists of performing the following, including, but not limited to:

The City is seeking bids for exterior painting of its existing Civic Plaza Building located at 275 Main

Street, Watsonville, CA 95076. The building is connected to a parking garage that is mostly covered in a tile mosaic art installation which will not be painted. Exterior shall be painted to match the existing color scheme. The selected contractor shall provide all labor, materials, equipment, and supervision necessary to complete the project in accordance with the plans and specifications.

The Engineer's estimate is Three Hundred Thousand Dollars ($300,000).

All bidders and contractors shall be licensed in accordance with the provisions of the California

Contractor's License Law, Chapter 9 of Division 3 of the State Business and Professions Code. In addition, bidder must have at the time the contract is awarded for this project, one of the following classification(s) of contractor's license:

Class A - General Engineering, C-33 - Painting Contractor’s License.

Complete copies of the contract documents may be viewed from the City's OpenGov Procurement portal, which is accessible through the City's public website: https://www.watsonville.gov/817/Bids-Proposals.

Printed copies of the contract documents may be purchased from Watsonville Blueprint located at 757

Freedom Blvd., Watsonville, CA 95076-2471 or online at http://www.wbplan.com

Contract documents may also be viewed or purchased through the following plan rooms:

https://procurement.opengov.com/portal/watsonville-ca https://www.watsonville.gov/817/Bids-Proposals http://www.wbplan.com/

Organization Website /

Email address

Central Coast Builders Association; www.ccbabuilds.com staff@ccbabuilds.com

Builders Exchange or Santa Clara County; www.bxscco.com info@bxscco.com

Builders Exchange of Placer County; www.pccamembers.com planroom@placerbx.com

Dodge Data & Analytics; www.construction.com support@construction.com

Construction Data Company www.cdcnews.com info@cdcnews.com

BidAmerica www.BidAmerica.com support@bidamerica.com

Construction Bid Source Interactive www.constructionbidsource.com contact@constructionbidsource.com

Demandstar – Onvia Supplier Services www.demandstar.com support@demandstar.com

Challenge News www.challengenews.net info@challengenews.net

To receive notification of addendums or updates to the project, Contractors are encouraged to follow this project within the OpenGov Procurement portal. It is the sole responsibility of the contractor to assure that their firm has been added to the planholders list and that all addenda have been received and incorporated into the proposal.

Questions regarding the project should be directed through the Questions & Answer section of the project on the City's OpenGov Procurement portal.

A bid bond of 10% of the bid is required to be submitted prior to deadline. The City's preferred method of bid bond verification is electronically through Surety 2000. Once the bond has been secured, the vendor will enter the Bond Number and their Contractor Vendor ID during proposal submission in the OpenGov portal (use company EIN if Vendor ID not provided by surety). When these field have been filled in, the Verify Bid Bond button becomes active. Clicking the buttion initiates a request to Surety2000 with the bond information which will then return as verified in the case the information matches, or not verified.

As an alternative and at their own risk, bidder may deliver or mail a wet signed paper bid bond to City of

Watsonville c/o Purchasing Officer, 250 Main Street, Watsonville, CA 95076 with Project Name. Paper bid bond must be received prior to electronic bid submission deadline. Bid bonds not received prior to bid submission deadline will render the bidder non-responsive. Contractor may also upload a scanned version of a valid bid bond to the appropriate field in the Bidder Questionnaire section of OpenGov.

All contractors and subcontractors shall comply with California Labor Code Division 2, Part 7, Chapter 1, Articles 2, 3, and 5, which include:

A. all applicable requirements of sections 1771, 1774 - 1776, 1813, and 1815.

B. the appropriate number of apprentices are on the job site, as set forth in Labor Code Section

1777.5.

http://www.ccbabuilds.com/ http://www.bxscco.com/ http://www.pccamembers.com/ http://www.construction.com/ http://www.cdcnews.com/ http://www.bidamerica.com/ http://www.constructionbidsource.com/ http://www.demandstar.com/ http://www.challengenews.net/ https://procurement.opengov.com/portal/watsonville-ca

C. workers' compensation coverage, set forth in Labor Code Sections 1860 and 1861.

D. to keep accurate records of the work performed on the public works project, as set forth in Labor

Code Section 1812.

E. inspection of payroll records pursuant to Labor Code Section 1776, and as set forth in Section

16400 (e) of the California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Article 6.

F. and other requirements imposed by law.

Public Works Contractor Registration. Pursuant to Section 1771.1 of the California Labor Code, no contractor or subcontractor shall be qualified to bid on, be listed in a bid proposal, or engage in the performance of any contract for public work unless currently registered with the Department of Industrial

Relations to perform public work pursuant to Section 1725.5 of the Labor Code. It shall not be a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the

Business and Professions Code or by Sections 10164 or 20103.5 of the Public Contract Code, provided the contactor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

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

Bidders and their subcontractors (listed on Subcontractors List) must be actively registered as a Public

Works Contractor which will be verified on the DIR online database at https://services.dir.ca.gov/gspvices

All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor

Commissioner (aka Division of Labor Standards Enforcement). Additionally, the awarded Contractor shall submit certified payroll records to the City for the prime contractor and all subcontractors.

In addition, awarded Contractor must post jobsite notices prescribed by regulations.

The plans and specifications are on file at the Public Works/Utilities Department, Civic Plaza, 275 Main

Street, Watsonville, CA 95076.

The Contractor's attention is directed to the General Provisions Section 2.12 regarding Pre and Post Bid

Protest Procedures.

The City reserves the right to reject any and all bids received as the public good may require.

https://services.dir.ca.gov/gsp https://services.dir.ca.gov/gsp

01 BID ITEM PROPOSAL

By submitting a proposal, the bidder declares that all the contract documents herein contained have been thoroughly examined, that this proposal is made without collusion with any other person, firm, or corporation, and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect.

Bidder proposes and agrees, if this proposal is accepted, that the Bidder will contract with the City of

Watsonville, to furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the contract in a satisfactory and workmanlike manner in accordance with the plans and specifications and other contract provisions within the time span specified in the Special Provisions to the satisfaction of the Engineer; to pay all charges of freight transportation and hauling and all applicable taxes; to indemnify the City against any loss or damage arising from any act of the undersigned as

Contractors; and that Bidder will take in full payment therefore an amount computed by the Engineer and based upon the unit prices submitted by the Bidder.

It is understood that the quantities set forth herein are approximate only and are for the purpose of comparison of bids.

Unless compensation for an item of work is subject to adjustment under the provisions of the General

Provisions the amount to be paid the Contractor shall be the quantity of work of each bid item actually performed, multiplied by the bid item unit price submitted by the Bidder.

In the event that the product of a unit price and an estimated quantity does not equal the extended amount quoted, the unit price shall govern and the corrected product of the unit price and the estimated quantity shall be deemed to be the amount bid. If the sum of two or more items in a bidding schedule does not equal the total amount quoted, the individual item amounts shall govern and the corrected total shall be deemed to be the amount bid.

The Bidder's attention is directed to the project plans and to the "Bid Item Description" section of the

Special Provisions.

BID PROPOSAL

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Mobilization/Demobilization 1 LS

2 Exterior Painting 1 LS

3 Stucco Repair 300 SF

4 Trash Enclosure Painting 1 LS

5 Transformer and Standby Generator

Coating

1 LS

TOTAL

02 BIDDER QUESTIONNAIRE

1 NON-COLLUSION DECLARATION*

In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares the following:

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.

Bidder declares 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 the date and time of this bid submittal at the City of

Watsonville, CA.

☐ Please confirm

*Response required

2 WORKERS COMPENSATION CERTIFICATION*

The Bidder hereby certifies as follows:

"I am aware of the provisions of Section 3700 of the Labor Code, which requires 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 and furnish proof of said insurance before commencing the performance of the work of this contract.”

☐ Please confirm

*Response required

3 CERTIFICATION OF BIDDER'S QUALIFICATIONS*

Please download the below documents, complete, and upload. The Contractor shall provide a list of similar projects that meet the requirements of General Provisions Section 2.11 Certification of Bidder's

Experience and Qualifications which consists of the following:

The bidder shall provide a listing of two (2) projects that the bidder completed in the last seven years of equal or greater complexity and of similar nature to the project for which bids are to be received where the construction costs were at least equal to the Engineer's estimate for the project for which bids are to be received. In addition, the bidder shall provide a listing of five (5) projects completed in the last seven years of equal or greater complexity and similar nature to the project for which bids are to be received where the construction costs were at least one-half of the Engineer's estimate for the project for which bids are to be received. The bidder shall provide the project name, the project owner's name, the construction costs, the construction time, the name of the project owner's representative, the project owner's telephone number and the date of final completion.

The City reserves the right to reject any proposal in which the bidder's listing of projects, indicating the bidder's experience, does not meet the requirements specified herein.

• Certification_of_Bidder's_E...

*Response required

4 LIST OF PROPOSED SUBCONTRACTORS*

In accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code, the Bidder shall state the information of any subcontractor that will be performing any portion of work in an amount in excess of one half (1/2) of one percent (1%) of the total bid or $10,000, whichever is greater. The bidder's attention is invited to other provisions of said Act related to imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions.

Please download the below documents, complete, and upload.

• List_of_Proposed_Subcontrac...

*Response required

5 CALIFORNIA CONTRACTOR'S LICENSE *

Enter your Contractor's License Number that work will be performed under as a prime contractor.

*Response required

6 DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION*

Enter your California DIR Registration Number.

*Response required

7 CITY OF WATSONVILLE BUSINESS LICENSE*

Contractor shall obtain and maintain a City of Watsonville business license during the term of this contract. Please upload a valid and active business license. If contractor does not possess said business license, please download the business license application below, complete, and upload. The business license application will be processed, and City of Watsonville staff will provide the charges for issuance of the business license.

• City_of_Watsonville_Busines...

*Response required

8 CONTRACTOR TAX ID#*

Provide Contractor's Federal Tax ID#

Maximum response length: 9 characters

*Response required https://government-project.s3.us-west-2.amazonaws.com/138749/7c439f1a-d491-44d0-9b99-4212881fb4d6_Certification_of_Bidder%27s_Experience.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4KKMFQ7PD%2F20260715%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20260715T000658Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEFcaCXVzLXdlc3QtMiJHMEUCIBi9l1mWcPslNKXYDS7JbyiyUA65ojSIW1HmrtClrjbtAiEA7vaK%2BFPZzIAkHmujdQoF5levhKJynreKZbUZAArOHmgqjAUIIBACGgw4OTIzNjQ2ODc2NzIiDEwj73qobhApkL4NRCrpBIszSjdsLCY9K%2BbVnWkAd0XrijyJLdj696uEOkMenN9NdBIKGiBy6dthQ%2Bl3ZVhZbOo9aZqquG3CAJM48lbcJ0D8nuq95kzwIXTRg%2Bq0QlB4dlsVbVQlDGt6q%2BxTZ1%2BOmciFZo%2BKaqjljyqi9VdtnF2lyfymSddx9Ri%2BDr7ovOEIFX0HXbWwzQ40N66gSV82rtCpCu6PqaSITEFSh1nj5GWBHU0tN0p4%2FG4duw62aUd2ZvkcF7W3zAiRWEZ8%2FGgfnDxdgpsHaBBY3Cmt%2FD%2BHiN%2FxHFN%2BfuagkggIQTxwzdNLQC0eGXNguKgE21bKlELk050js0tfdAgEPXfDzM0uFDCg7fGUNXLOLOBGwiEPEJcE88jGhwQZTcEd8LIuDLuoBFRvA02DGxgQcsEF9fNdhnszSrPchMtnX101kXaLwSFj9OF5OnQLX%2Fw8yaTOaerzqvGXVZTiEswYRDYC40DmtdgaBilc5fDTra%2FWpxtDsc559CLWgPM7OTHeirzYeHNdsTpg3QYyCz4abSxz3bg1q%2BVF17Q%2FniD6fBk7pOOV%2FhpleJbMwy%2BGQZuoHhvNh628WkhW2NdHMFzSD%2ByL%2BYPOSPwyEBNowNhftiCcJoyoSmWAON6702odDkrEiCfqPFL90QOgSum3452onVQPeQOR%2Bkv%2Bmh8wL0hMQq5iAUCee9O7oRFMgi%2Bz9yXA0xWRvGuTDE6ucgZpwWZeaFv%2BZImm7M91R5YaGGn8SG7QNTUcBGQhnvVTugvmQ%2B0ic5JjkvwDLk7yhNydmE6%2FBEr94IKBhGUQsAKove7O2iGCgHwLqY207jMAwNJvXcD7MP3u2tIGOpkBrXn3zux%2FhJc03Wf3A7JtPSPUtv8USscatVQQMDGnVgkkPSGdT4O2FMuBzHT4wWMhSyF%2FXg%2FVWGN7tODrnE9TvM5s9t2k2p367kEamqGiBZOaLU2GnWeg4pfbpOIjsts2lm8m14sNQLm7Dht2cpLl%2BfXCMUkozLbmOgw%2B6hhMju2H%2B5yIkM4%2BogtAOlEVYoqdvLRMzB4qHA4d&X-Amz-Signature=cfb37b8c609514ec039df5f05c365d1cf85a6873df9a134471746f55578def2c&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22Certification_of_Bidder%27s_Experience.pdf%22&x-id=GetObject https://government-project.s3.us-west-2.amazonaws.com/138749/fa600cbf-ad29-4cf1-ac90-729c821aa483_List_of_Proposed_Subcontractors.pdf?X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-Content-Sha256=UNSIGNED-PAYLOAD&X-Amz-Credential=ASIA47RIURE4KKMFQ7PD%2F20260715%2Fus-west-2%2Fs3%2Faws4_request&X-Amz-Date=20260715T000658Z&X-Amz-Expires=72000&X-Amz-Security-Token=IQoJb3JpZ2luX2VjEFcaCXVzLXdlc3QtMiJHMEUCIBi9l1mWcPslNKXYDS7JbyiyUA65ojSIW1HmrtClrjbtAiEA7vaK%2BFPZzIAkHmujdQoF5levhKJynreKZbUZAArOHmgqjAUIIBACGgw4OTIzNjQ2ODc2NzIiDEwj73qobhApkL4NRCrpBIszSjdsLCY9K%2BbVnWkAd0XrijyJLdj696uEOkMenN9NdBIKGiBy6dthQ%2Bl3ZVhZbOo9aZqquG3CAJM48lbcJ0D8nuq95kzwIXTRg%2Bq0QlB4dlsVbVQlDGt6q%2BxTZ1%2BOmciFZo%2BKaqjljyqi9VdtnF2lyfymSddx9Ri%2BDr7ovOEIFX0HXbWwzQ40N66gSV82rtCpCu6PqaSITEFSh1nj5GWBHU0tN0p4%2FG4duw62aUd2ZvkcF7W3zAiRWEZ8%2FGgfnDxdgpsHaBBY3Cmt%2FD%2BHiN%2FxHFN%2BfuagkggIQTxwzdNLQC0eGXNguKgE21bKlELk050js0tfdAgEPXfDzM0uFDCg7fGUNXLOLOBGwiEPEJcE88jGhwQZTcEd8LIuDLuoBFRvA02DGxgQcsEF9fNdhnszSrPchMtnX101kXaLwSFj9OF5OnQLX%2Fw8yaTOaerzqvGXVZTiEswYRDYC40DmtdgaBilc5fDTra%2FWpxtDsc559CLWgPM7OTHeirzYeHNdsTpg3QYyCz4abSxz3bg1q%2BVF17Q%2FniD6fBk7pOOV%2FhpleJbMwy%2BGQZuoHhvNh628WkhW2NdHMFzSD%2ByL%2BYPOSPwyEBNowNhftiCcJoyoSmWAON6702odDkrEiCfqPFL90QOgSum3452onVQPeQOR%2Bkv%2Bmh8wL0hMQq5iAUCee9O7oRFMgi%2Bz9yXA0xWRvGuTDE6ucgZpwWZeaFv%2BZImm7M91R5YaGGn8SG7QNTUcBGQhnvVTugvmQ%2B0ic5JjkvwDLk7yhNydmE6%2FBEr94IKBhGUQsAKove7O2iGCgHwLqY207jMAwNJvXcD7MP3u2tIGOpkBrXn3zux%2FhJc03Wf3A7JtPSPUtv8USscatVQQMDGnVgkkPSGdT4O2FMuBzHT4wWMhSyF%2FXg%2FVWGN7tODrnE9TvM5s9t2k2p367kEamqGiBZOaLU2GnWeg4pfbpOIjsts2lm8m14sNQLm7Dht2cpLl%2BfXCMUkozLbmOgw%2B6hhMju2H%2B5yIkM4%2BogtAOlEVYoqdvLRMzB4qHA4d&X-Amz-Signature=997468e77bad57ce7c1bb2ff8ef2626071f816dc6f6226e03d9c09be85af7ce6&X-Amz-SignedHeaders=host&response-content-disposition=attachment%3B%20filename%3D%22List_of_Proposed_Subcontractors.pdf%22&x-id=GetObject https://government-project.s3.us-west-2.amazonaws.com/138749/717e111f-d652-44fb-a5c5-33d41726f37a_City_of_Watsonville_Business_License_Application.pdf

9 BIDDER'S BOND ELECTRONIC SUBMISSION

Please enter your electronic Bid Bond information from Surety2000 below. Once the bond has been secured, the vendor will enter the Bond Number and their Contractor Vendor ID (use company EIN if

Vendor ID not provided by surety). When these fields have been filled in, the Verify Bid Bond button becomes active. Clicking the button initiates a request to Surety2000 with the bond information which will then return as verified in the case the information matches, or not verified.

Alternately, an electronic copy of a valid Bid Guarantee Bond may be uploaded to question 10 "Other

Attachments" section below.

As an alternative and at their own risk, bidder may deliver or mail a wet signed paper bid bond to City of

Watsonville c/o Purchasing Officer, 250 Main Street, Watsonville, CA 95076. Paper bid bond must be received prior to bid submission deadline. Bid bonds not received prior to bid submission deadline will render the bidder non-responsive.

The blank Bid Guarantee Bond Form is attached to the Supporting Attachments tab.

10 POST-BID DOCUMENTS ATTACHMENT*

The City's standard Performance Bond, Payment Bond, Agreement, Escrow Agreement, and Sample

Insurance Certificate are included in the attachments section of OpenGov in a PDF labelled "Post-Bid

Contract Documents". The bidder has reviewed these documents and confirms that if this proposal is accepted, to sign the agreement and to furnish the faithful performance bond, the payment bond and the insurance certificate within the time span specified in the General Provisions, and if the undersigned fails to contract as aforesaid, it shall be understood that the contract has been abandoned and therefore that the proposal guarantee shall be forfeited to and become the property of the City.

☐ Please confirm

*Response required

11 AUTHORIZED SUBMITTAL*

By submitting a Bid Response, the individual submitting is confirming and has provided proof that they are authorized to do so on behalf of the Company named in the Bid Response.

The bidder agrees that if this proposal is accepted, to sign the agreement and to furnish the faithful performance bond, the payment bond and the insurance certificate within the time span specified in the

General Provisions, and if the undersigned fails to contract as aforesaid, it shall be understood that the contract has been abandoned and therefore that the proposal guarantee shall be forfeited to and become the property of the City. Otherwise, the proposal guarantee accompanying this proposal shall be returned to the bidder.

The bidder acknowledges that the representations made herein are made under penalty of perjury.

☐ Please confirm

*Response required

12 OTHER ATTACHMENTS (OPTIONAL)

If any other attachments are required, please upload them here. If contractor is electing to upload an electronic copy of a valid bid bond rather than utilizing Surety2000, please upload it here.

03 GENERAL PROVISIONS

01 TERMS AND CONDITIONS

1.1 GENERAL

Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, applicable, appropriate, sufficient, proper, desirable, necessary, prescribed, approved, acceptable, satisfactory or words of like import, refer to actions, expressions and prerogatives of the Engineer.

Masculine gender words include the feminine. References to gender, such as "workman" and "flagman" and the pronouns "he" or "his" referring to such titles, are abstract in the specifications, used for the sake of brevity are intended to refer to persons of either sex.

Singular words include the plural and "person" includes firms, companies and corporations.

1.2 DEFINITIONS

Acceptance -The formal written acceptance by the City of an entire contract which has been completed in all respects in accordance with the contract documents and any modifications thereof previously approved.

Act of God -An earthquake, flood, cyclone or other cataclysmic phenomenon of nature. A rain, windstorm, high water or other natural phenomenon of unusual intensity for the specific locality of the work, which might reasonably have been anticipated from historical records of the general locality of the work, shall not be construed as an Act of God.

Addenda -Written or graphic instruments issued prior to the bid opening which modify or interpret the contract documents by additions, deletions, clarifications or corrections.

Bidder -Any properly licensed and qualified person or persons, firm, partnership, corporation or combination thereof, submitting a proposal for the work contemplated, acting directly or through duly authorized representatives.

Calendar Day - Any day including legal holidays, Saturdays and Sundays.

City -The government body of the City of Watsonville, County of Santa Cruz, State of

California.

Contract -The written agreement covering the performance of the work and the furnishing of labor, materials, tools, and equipment in the construction of the work. The contract shall include the notice to inviting sealed bids, proposal, plans, specifications, Special

Provisions, addenda and contract bonds; also any and all supplemental agreements amending or extending the work contemplated and which may be required to complete the work in a substantial and acceptable manner. Supplemental agreements are written agreements covering alterations, amendments or extensions to the contract and include contract change orders.

Contract Documents -The Contract Documents include, but are not limited to, the following:

Notice Inviting Sealed Bids

General Provisions

Special Provisions

Technical Provisions

Reference Specifications

Project Plans

Standard Plans

Addenda

Accepted Proposal

Proposal Guaranty Bond

List of Subcontractors

Contract Agreement

Faithful Performance Bond

Payment Bond

Insurance Certificate

Permits from other Agencies

Notice to Proceed

Approved Revisions to the Plans

Working Drawings

Contract Change Orders

Supplemental Agreements

Contract Price - The amount payable to the Contractor under the terms and conditions of the contract based on the price given on the proposal, with adjustment made in accordance with the contract.

Contractor -The person or persons, firm, partnership, corporation, or combination thereof, who have entered into a contract with the City, as party or parties of the second part or his or their legal representatives.

Days - Unless otherwise designated, days as used in the specifications will be understood to mean calendar days.

Engineer -The engineer designated by the Public Works/Utilities Director to have administrative control over the work, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them.

Engineer's Estimate - The list of estimated quantities of work to be performed as contained in the "Proposal Form".

Fixed Costs - Any necessary labor, material and equipment costs directly expended on the item or items under consideration which remain constant regardless of the quantity of the work done.

General Provisions - The part of the contract documents representing the general clauses that establish how the project is to be bid and administered.

Inspector - Agents duly authorized by the Engineer, such agents acting within the scope of the particular duties delegated to them.

Install - Placing, erecting, or constructing complete in place any item, equipment or material.

Laboratory - The laboratory authorized by the City to test materials and work involved in the contract.

Legal Holidays - Those days designated as City holidays for the employees of the City of

Watsonville.

Liquidated Damages - The amount prescribed in the Special Provisions, pursuant to the authority of Public Contract Code Section 10226, to be paid to the City or to be deducted from any payments due the Contractor for each day's delay in completing the whole or any specified portion of the work beyond the time allowed in the Special Provisions.

Notice to Proceed - The written notice by the Owner to the Contractor authorizing him to proceed with the work and establishing the date of the commencement of the work.

Owner -The City of Watsonville acting through its appointed and duly authorized officials.

Plans - The official project plans and Standard Plans, profiles, typical cross sections, working drawings and supplemental drawings, or reproductions thereof, approved by the

Engineer, which show the location, character, dimensions and details of the work to be performed. All such documents are to be considered as a part of the plans whether or not reproduced in the Special Provisions.

In the above definition, the following terms are defined as follows:

(A) Standard Plans - The City of Watsonville Public Improvement Standards.

(B) Project Plans - The Project Plans are specific details and dimensions peculiar to the work and are supplemented by the Standard Plans insofar as same may apply.

Proposal - The offer of the bidder for the work when made out and submitted on the prescribed proposal form, properly signed and guaranteed.

Proposal Form - The approved form on which the City requires formal bids to be prepared and submitted for the work.

Proposal Guaranty - The cash, cashier's check, certified check, or bidder's bond accompanying the proposal submitted by the bidder, as guaranty that the bidder will enter into a contract with the City for the performance of the work if the contract is awarded to him.

Public Works/Utilities Director - The Director of Public Works/Utilities for the City of

Watsonville acting either directly or through duly authorized representatives.

Punchlist - A list of incomplete items of work and of items of work which are not in accordance with the contract, prepared by the Engineer.

Special Provisions -Specific clauses setting forth conditions or requirements peculiar to the work and supplementary to these General Provisions.

Specifications -The directions, provisions and requirements contained in the General

Provisions, supplemented as may necessary, pertaining to the method and manner of performing the work.

State of California Specifications -The State of California, Department of Transportation

Agency's Standard Specifications in effect at the time of advertising the work.

State Standard Specifications -The State of California, Department of Transportation

Agency's Standard Specifications in effect at the time of advertising the work.

Subcontractor - A person or his authorized representative who has a direct contract with the Contractor.

Work - All the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alterations, amendments or extensions thereto made by contract change order or other written orders of the Engineer.

Working Days - Defined in section 8.6, "Time of Completion," of these General

Provisions.

02 PROPOSAL REQUIREMENTS AND CONDITIONS

2.1 ENGINEER'S ESTIMATE

The quantities given in the proposal and contract are approximate only, being given as a basis for the comparison of bids. The City does not, expressly or by implication, agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of the work, or to omit portions of the work, as may be deemed by the Engineer in the best interest of the City.

2.2 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK

The bidder shall examine carefully the site of the work contemplated, the plans and specifications, and the proposal and contract forms therefor. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, plans, specifications, and the contract.

Existing improvements visible at the job site, for which no specific provision is made, but which could reasonably be assumed to interfere with the satisfactory completion of the work, shall be maintained, removed and replaced, or disposed of by the Contractor as part of the work. Full compensation for conforming to this requirement shall be considered as included in the contract prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.

The bidder shall upon discovering any error, omission or conflict in the plans and/or specifications immediately call such to the attention of the Engineer.

Neither the City nor the Engineer shall be deemed responsible for any oral clarification nor will same be binding.

2.3 PROPOSALS

The proposal must be made upon the "Proposal Form" supplied by the City. The Proposal shall set forth the item prices and totals, in clearly legible figures, in the representative spaces provided and all blanks shall be filled in. In the event that the product of a unit price and an estimated quantity does not equal the extended amount quoted, the unit price shall govern and the corrected product of the unit price and the estimated quantity shall be deemed to be the amount bid. If the sum of two or more items in a bidding schedule does not equal the total amount quoted, the individual item amounts shall govern and the corrected total shall be deemed to be the amount bid.

The bidder shall sign the proposal. The signatures of all persons signing shall be in long hand. If the proposal is made by an individual, the individual's name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal shall show the name of the state under the laws of which the corporation was chartered and the names, titles and business addresses of the president, secretary, treasurer and manager.

The Proposal shall be submitted as directed in the "Notice Inviting Sealed Bids" under sealed cover plainly marked as a proposal, and identifying the project to which the proposal relates and the date of the bid opening therefor. Proposals which are not properly marked may be disregarded.

Bids will not be received after the time and date fixed in the public notice for opening bids.

2.4 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS

Each proposal shall have listed therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of one-half of one percent of the total amount of the bid, or in the case of bids for the construction of streets or highways, including bridges, in excess of one-half of one percent of the total bid or ten thousand dollars ($10,000), whichever is greater. In addition the proposal shall contain a description of the work, the percent of the total contract, and the license number of each listed subcontractor.

A sheet for listing subcontractors, as required herein, is included in the "Proposal and

Contract" portion of the Contract Specifications.

2.5 REJECTION OF PROPOSALS

Proposals may be rejected if they show any alteration of form, additions not called for, conditional bids, incomplete bids, unbalanced bids, erasures, or irregularities of any kind.

When proposals are signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf or a member of a partnership, a "Power of

Attorney" must be on file with the City Clerk prior to opening bids or shall be submitted with the proposal; otherwise, the proposal may be rejected as irregular and unauthorized.

2.6 PROPOSAL GUARANTY

All bids shall be accompanied by one of the following forms of bidder security:

(a) Cash

(b) Cashier's check payable to the City of Watsonville

(c) A certified check payable to the City of Watsonville

(d) A bidder's bond executed by a California admitted surety insurer, made payable to the City of Watsonville.

The security shall be in an amount equal to at least 10 percent of the amount bid. A bid will not be considered unless one of the forms of bidder's security is enclosed with it.

The bidders bond shall be in general conformance with the bond form found in the

"Proposal and Contract" portion of the Contract Specifications for the project and shall be properly filled out and executed. The bidder's bond form included in the "Proposal and

Contract" portion of the Contract Specifications may be used.

2.7 WITHDRAWAL OF PROPOSALS

Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids. Bids may be withdrawn only by written request for the withdrawal of the bid filed with the City Clerk. The request shall be executed by the bidder or his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. No bid will be withdrawn after the time and date fixed in the public notice for the opening of bids.

2.8 PUBLIC OPENING OF PROPOSALS

Proposals will be opened and read publicly at the time and place indicated in the "Notice

Inviting Sealed Bids". Bidders or their authorized agents are invited to be present.

2.9 RELIEF OF BIDDERS

Attention is directed to the provisions of Government Public Contract Code Section 5100 to 5110 to10200 to 10205, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the bidder claims a mistake was made in his bid, the bidder shall give the City written notice within 5 days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred.

2.10 ADDENDA

The Engineer may at any time prior to the bid opening, issue addenda to the plans and specifications to amend, clarify or correct matter contained therein. Such addenda shall constitute a part of said plans and specifications and shall be equally binding with them. Addenda will be forwarded to all prospective bidders, insofar as they are known to the Engineer. Receipt of all such addenda shall be acknowledged on the Proposal or the

Proposal shall be deemed an incomplete bid.

2.11 CERTIFICATION OF BIDDER'S EXPERIENCE AND QUALIFICATIONS

The bidder shall provide on the form provided in the "Proposal and Contract" portion of the Contract Specifications a listing of projects that indicate the bidder's experience as a contractor. The bidder shall provide a listing of two (2) projects that the bidder completed in the last seven years of equal or greater complexity and of similar nature to the project for which bids are to be received where the construction costs were at least equal to the

Engineer's estimate for the project for which bids are to be received. In addition, the bidder shall provide a listing of five (5) projects completed in the last seven years of equal or greater complexity and similar nature to the project for which bids are to be received where the construction costs were at least one-half of the Engineer's estimate for the project for which bids are to be received. The bidder shall provide the project name, the project owner's name, the construction costs, the construction time, the name of the project owner's representative, the project owner's telephone number and the date of final completion.

The City reserves the right to reject any proposal in which the bidder=s listing of projects, indicating the bidder's experience, does not meet the requirements specified herein.

The bidder shall certify that she or he is, at the time of bidding, and shall be, throughout the period of the contract, licensed by the State of California to do the type of work required under terms of the contract documents. The bidder shall certify that she or he is skilled and has regularly engaged in the general class and type of work called for in the contract documents. The bidder shall certify that she or he is competent, knowledgeable and has special skills relating to the nature, extent and inherent conditions of the work to be performed. The bidder shall further acknowledge that there are certain peculiar and inherent conditions existent in the construction of the particular facilities which may create, during the construction program, unusual or peculiar unsafe conditions hazardous to persons and property. The bidder shall expressly acknowledge that she or he is aware of such peculiar risks and that she or he has the skill and experience to foresee and to adopt protective measures to adequately and safely perform the construction with the respect to such hazards.

2.12 BID PROTEST PROCEDURES

The lack of a prompt procedure to resolve disputes regarding the bidding process would impair the

City's ability to carry out its purpose of constructing this Project in a timely manner. Therefore, to the maximum extent authorized by law and notwithstanding any other procedures specified in documents referenced herein, all disputes and/or protests regarding the bidding process shall be subject to the following procedures. In submitting a Bid to the City for this Project, the Bidder agrees to comply with and to be bound by the following Bid protest procedures.

Pre-Bid: If any potential Bidder believes that any part of the form or content of the Contract

Documents, including, without limitation, the Bidder experience and qualification requirements, is vague, ambiguous, gives an unfair advantage or unfairly limits competition, such Bidder must give notice and protest on such grounds to the City Representative as soon as practical, but in no event later than ten (10) working days before the original noticed date for receiving Bids. The City shall, within five (5) working days upon receiving any such protest(s), review the same and publish a written response thereto.

Any pre-bid protest shall include:

1. The protest document shall contain a complete and detailed statement of the factual and/or legal basis for the protest and, with respect to any authority relied upon, a copy of said authorities shall be provided.

2. The protest shall identify the specific portion(s) of the Bidding or Contract Documents that form the basis for the protest.

3. The protest shall include the name, address, telephone number, fax number and email address of the protestant, and if applicable, the person representing the protesting party.

The procedure and time limits set forth in these Bid protest procedures are mandatory and are the

Bidder’s sole and exclusive remedy in the event of a pre-bid protest related to the form or content of the Contract Documents. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the protest, including, without limitation, filing a Bid or award protest on the grounds applicable to a pre-bid protest, filing a Government Code claim or filing legal proceedings.

Bid of Award Protest: Any protest relating to any particular Bid opened by the City or the award of the Contract must be submitted in writing to the City Representative before 5:00 p.m. on the Fifth

(5th) working day after the City has received and opened Bids.

03 AWARD AND EXECUTION OF CONTRACT

3.1 AWARD OF CONTRACT

The City reserves the right to reject any and all proposals and to waive irregularities in the bid procedure and proposals.

The award of the contract, if it is awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. Such award, if made, will be made within 45 calendar days after the opening of the proposals.

All bids will be compared on the basis of the Engineer's Estimate of the quantities of work to be done.

3.2 CONTRACT BONDS

Before execution of the contract, the Contractor shall furnish a payment bond and a faithful performance bond. The bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and a California admitted surety insurer secured through an authorized agent with an office in California. Each bond shall be signed by both the Contractor and surety and the signature of the authorized agent of the surety shall be notarized. The Contractor shall pay all bond premiums, costs, and incidentals. Each bond shall be payable to the City of Watsonville. Each such bond shall be accompanied by a County Clerk=s certificate certifying that the surety insurer is a

California admitted surety insurer.

3.2.1 Faithful Performance Bond -The Faithful Performance Bond shall be in an amount equal to 100 percent of the contract price and shall be as surety for the faithful performance of the contract, and for the fulfillment of such other requirements as may be provided by law. The faithful performance bond shall remain in effect to guarantee the repair and replacement of defective equipment, materials, and workmanship, and payment of damages sustained by the City on account of such defects, discovered within 1 year after final acceptance by the City, for the work performed under the contact, which shall remain in effect for a period of 1 year, to guarantee the repair and replacement, and payments for damages.

3.2.2 Payment Bond -The Payment Bond shall be in an amount equal to 100 percent of the contract price. The bond shall provide that if the original Contractor or subcontractor fails to pay the claims of laborers, mechanics, or material suppliers employed on the work under the contract, or amounts due under the Unemployment

Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment

Development Department from the wages of employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor that the sureties will pay for the same, and also, in case suit is brought upon the bond, a reasonable attorney=s fee, to be fixed by the court. The bond shall be maintained by the Contractor in full force and effect for a minimum of 6 months after the completed work is accepted by the City, and until all claims for materials and labor are paid, and shall otherwise comply with the

Government Code.

Attorneys-in-fact, who sign bid bonds or contract bonds, must file with each bond a certified and effectively dated copy of their power of attorney.

The surety company shall familiarize itself with all of the conditions and provisions of this these General Provisions, the Special Provisions and the contract, and waives the right of special notification of any change or modification of the contract or of extension of time, or of decreased or increased work, or of cancellation of the contract, or of any other act or acts by the City or its authorized agents under the terms of the contract; and failure to so notify the aforesaid surety companies of changes shall not relieve the surety companies of their obligations under the contract.

Should any bond become insufficient, the Contractor shall renew the bond within 20 calendar days after receiving notice from the City.

Should any surety at any time be unsatisfactory to the City, notice will be given the

Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new surety shall qualify and be accepted by the City.

3.3 CITY BUSINESS LICENSE

Before execution of the contract, the Contractor shall have a City Business License.

3.4 EXECUTION OF CONTRACT

The contract shall be signed by the successful bidder and returned, together with the faithful performance bond, the payment bond, the insurance certificate and the City business license, within 10 calendar days, not including Saturdays, Sundays and legal holidays, after the bidder has received the contract for execution.

3.5 FAILURE TO EXECUTE CONTRACT

Failure of the lowest responsible bidder to execute the contract and file acceptable bonds and insurance certificate as provided herein within time span specified after such has received the contract for execution shall be just cause for forfeiture of the proposal guaranty.

3.6 RETURN OF PROPOSAL GUARANTIES

Within 10 calendar days after the award of the contract the City will return all proposal guarantees which accompany proposals which are not to be considered in making the award. All proposal guarantees which are to be considered in making the award will be held until the contract has been executed. Within 10 calendar days after the execution of the contract by the lowest responsible bidder the City will return all proposal guarantees, except bidder's bonds and any guaranties which have been forfeited, to the respective bidders whose proposals they accompany.

04 SCOPE OF WORK

4.1 INTENT OF PLANS AND SPECIFICATIONS

The intent of the plans and specifications is to prescribe the details for the construction and completion of the work which the Contractor undertakes to perform in accordance with the terms of the contract. Where the plans or specifications describe portions of the work in general terms, but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the contract in a satisfactory and workmanlike manner.

4.2 CLEAN UP

4.2.1 Interim Clean Up - The Contractor shall maintain the construction area, material sites, and all grounds occupied by him in connection with the work in a clean condition and free of trash, rubbish, and excess material.

Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately by the Contractor.

4.2.2 Final Clean Up - Before final inspection of the work, the Contractor shall clean the work area, material sites, and all ground occupied by him in connection with the work of all rubbish, excess materials, falsework, temporary structures, and equipment. All parts of the work shall be left in a neat and presentable condition.

Nothing herein, however, shall require the Contractor to remove warning, regulatory, and guide signs prior to formal acceptance by the City.

Upon failure of the Contractor to comply with the requirements of this section, the City shall arrange for cleanup to be performed by others and will deduct the costs of cleanup from any moneys due or to become due the…