CITY OF WEST SACRAMENTO

CAPITAL PROJECTS DEPARTMENT

YOLO COUNTY CALIFORNIA

CONTRACT DOCUMENTS

Actiflo ATS Breaker and Controller Replacement and 12KV Breaker Replacement & Testing

CITY WORK ORDER NUMBER: 25-096-ITB

These Specifications were prepared by or under the direction and responsible charge.

Lorianne Landsaw Date: October 9, 2025

Sealed proposals will be received and submitted electronically through the City’s Procurement system at https://procurement.opengov.com/portal/cityofwestsacramento until 5:00 pm local time on Friday, December 19, 2025.

8/30/23

CITY OF WEST SACRAMENTO

CONTRACT DOCUMENTS

TABLE OF CONTENTS

PART 1 BIDDING REQUIREMENTS

PART 2 CONTRACT DOCUMENTS

PART 3 GENERaL CONDITIONS

PART 4 SUPPLEMENTAL CONDITIONS (SPECIAL PROVISIONS)

SUPPLEMENTAL CONDITIONS (SPECIAL PROVISIONS) 4-1

PART 5 Technical specifications PART 6 Appendix PART 7 Contract Drawings (bound separately)

Actiflo ATS Breaker and Controller Replacement and 12KV Breaker Replacement & Testing

INVITATION TO BID

Sealed proposals will be received and submitted electronically through the City’s Procurement system at https://procurement.opengov.com/portal/cityofwestsacramento until 5:00 pm local time on Friday, December 19, 2025, at which time and place they will be posted and available for public review for the:

ACTIFLOW ATS BREAKER & CONTROLLER REPLACEMENT AND 12KV BREAKER REPLACEMENT & TESTING The following invitation for bid involves all design, engineering, labor and materials for the: Actiflo ATS Breaker & Controller Replacement and 12KV Breaker Replacement & Testing

TENTATIVE CITY SCHEDULE:

Project construction cost estimate: $30,000 This is not a Federal Aid project.

1. Completion of Work: All work shall be completed within 30 calendar days from the date designated on the Notice to Proceed.

2. Obtaining Contract Documents: Contract documents and plans are available for downloading free of charge through the City’s Procurement system at https://procurement.opengov.com/portal/cityofwestsacramento.

3. Questions: Project-specific questions must be submitted through the City’s Procurement systems at https://procurement.opengov.com/portal/cityofwestsacramento. The City will post responses to Bidder questions through the Procurement system. The cutoff date for submittal of questions is December 5, 2025 by 5:00 pm local time.

4. Submission of Proposals: All proposals must be submitted not later than the date and time prescribed. The Bidder is wholly responsible to ensure its Bid is submitted on the date and at the time and place designated for the opening of bids. Any Bid received after the time and date specified shall not be considered. Any Bid may be withdrawn prior to the scheduled time for opening bids.

Each Bid must conform and be responsive to this notice and shall be made on the official proposal forms furnished with the Contract Documents.

5. Bid Security: Each proposal must be accompanied by a Bid Security in the form of a cashier’s check, certified check, or Bid bond executed on the prescribed form, in an amount not less than ten percent (10%) of the total Bid price payable to the City of West Sacramento.

Bidders are hereby notified that in accordance with the provisions of Public Contract Code section 22300, securities may be substituted for any monies which the City may withhold pursuant to the terms of this Contract to ensure performance.

6. Construction License: Bidder must possess a current C-10 Contractor’s License issued by the State of California, at the time the Bid is submitted.

7. Contractor Registration: All Bidders, and Subcontractors subject to Public Contract Code section 4104, must have registered with the California State Department of Industrial Relations pursuant to Labor Code section 1725.5 prior to submitting a bid. Furthermore, a Contractor, and all Subcontractors subject to Public Contract Code section 4104, must be registered pursuant to Labor Code section 1725.5 before entering into a contract to work on a public project.

8. Preconstruction Conference: A preconstruction conference will be convened after the Contractor has delivered the necessary bonds, insurance certificates, and signed agreement in proper form as required in the invitation to bid, Bid proposal, and general conditions of these specifications. Prior to any work, the Contractor shall provide the Engineer with a list of key personnel assigned to the project and the telephone numbers where they may be reached at any time. The list shall be made available in sufficient copies and presented at the preconstruction conference.

9. Award: The award shall be made to the lowest responsible Bidder whose proposal complies with the specified requirements. The award of the Contract will be made by the West Sacramento City Council, and the Contractor shall execute the Contract within ten (10) days after it has received the Contract from the City. The City reserves the right to waive any irregularity in the proposals. No Bid may be withdrawn for a period of sixty (60) days after the opening of bids.

10. Rejection of Bids: The City reserves the right to reject any and all bids, or to waive immaterial irregularities in any bid. Any Bid not conforming to the intent and purpose of the Contract Documents may be rejected. The City reserves the right to make all awards in the best interest of the City.

11. Disqualification of Bidder: If there is a reason to believe that collusion exists among any Bidders, none of the bids of the participants in such collusion will be considered and the City may likewise elect to reject all bids received.

12. Relief of Bidder: Attention is directed to the provisions of Public Contracts Code section 5101 and the following, concerning relief of Bidders and in particular to the requirements therein that if the Bidder claims a mistake was made in its bid, the Bidder shall give the City written notice, within five (5) days after the opening of bids of the alleged mistake, specifying in the notice, in detail, how the mistake occurred.

13. Wage Rates: Bidders are hereby notified that the California Department of Industrial Relations has determined the general prevailing rate of wages for each craft, classification, or type of worker needed to execute the work. Copies of the current schedules for prevailing wages are on file in the City’s office, and the contents of those schedules are included herein as if set forth in full.

It shall be mandatory for the Contractor and any Subcontractor under it to pay not less than the said specified rates to laborers and workmen employed by them in the execution of the Contract.

14. Bonds: The successful Bidder will be required to furnish a payment bond in an amount equal to one hundred percent (100%) of the Contract price, and a faithful performance bond in an amount equal to one hundred percent (100%) of the Contract price.

By:

Lorianne Landsaw, Project Manager

Date:

INSTRUCTIONS TO BIDDERS

Introduction Each Bid shall be in accordance with the Contract Documents.

Plans Additional copies of full scale plans may be obtained as specified in the Invitation to Bid.

Local Conditions

(a) The quantities of work or material stated in the unit price items of the Bidding Schedule are given only as a basis for the comparison of Bids, and the City does not represent or warrant that the actual amount of work or material will correspond therewith, but reserves the right to increase or decrease the quantity of any unit price item of the work as may be deemed necessary or expedient by the Engineer.

(b) The Bidder shall examine carefully the site of the work contemplated and the Contract Documents. The submission of a proposal 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 quantities of work to be performed and the materials to be furnished, and as to the requirements of the Contract Documents.

(c) Where the Engineer has made investigations of surface and subsurface conditions in areas where work is to be performed under the Contract, or in other areas, some of which may constitute possible local material sources, such investigations were made only for the purpose of study and design. Where such investigations have been made, bidders or Contractor may, upon written request, inspect the records of the Engineer as to such investigations subject to and upon the conditions hereinafter set forth. Such inspection of records may be made at the office of the Engineer.

(d) The records of such investigations are not a part of the Contract and are made available for inspection solely for the convenience of the Bidder or Contractor. It is expressly understood and agreed by Bidder or Contractor that neither the City nor the Engineer assumes any responsibility whatsoever with respect to the sufficiency or accuracy of the investigations thus made, the records thereof, or of the interpretation set forth therein or made by the Engineer in his use thereof and there is no representation, warranty or guarantee, either express or implied, that the conditions indicated by such investigations or records thereof are correct or representative of those existing throughout such areas or any part thereof, or that unanticipated developments may not occur or that materials other than, or in proportions different from, those indicated may not be encountered.

(e) The availability or use of information described in this section or the special conditions is not to be construed in any way as a waiver of the provisions of this section and a Bidder or Contractor is cautioned to make such an investigation and examination as it deems necessary to satisfy itself as to conditions to be encountered in the performance of the work and, with respect to possible local material sources, the quality and quantity of material available from such property and the type and extent of processing that may be required in order to produce material conforming to the requirements of the Specifications.

(f) No information derived from such inspection of records of investigations or compilations thereof made by the Engineer or the Engineer’s assistants, will in any way relieve the Bidder or Contractor from any risk or from properly fulfilling the terms of the Contract.

(g) Information derived from inspection of topographic maps, or from Plans showing location of utilities and structures will not in any way relieve the Contractor from any risk, or from properly examining the site and making such additional investigations as it may elect, or from properly fulfilling all the terms of the Contract.

(h) Each Bidder shall inform itself of, and the Bidder awarded a Contract shall comply with, federal, state and local laws, statutes, and ordinances relative to the execution of the work. This requirement includes, but is not limited to, applicable regulations concerning employment of labor, protection of public and employee safety and health, protection, the protection of natural resources, fire protection, burning and non-burning requirements, permits, fees, and similar subjects.

Form of Bid and Signature

(a) Bids shall be submitted only on the forms attached hereto and shall be enclosed in a sealed envelope and marked and addressed as hereinafter directed. The Bidder shall state in figures the unit prices or the specific sums as the case may be, for which it proposes to supply the labor, materials, supplies or machinery, and perform the work required by the Specifications. Bid prices will be deemed to include all applicable fees and taxes including sales tax. If the Bid is made by an individual, it shall be signed by the individual and the individual’s full name and address shall be given; if it is made by a partnership, it shall be signed with the co-partnership name by a member of the partnership, who shall also sign the member’s own name, and the name and address of each member of such partnership shall be given; and, if it is made by a corporation, the name of the corporation shall be given and it shall be signed by its duly authorized officer or officers attested by the corporate seal, the name and titles of all officers of the corporation shall be given, and the address of the corporation and the state in which incorporated shall be stated.

(b) Bids will be considered only from persons or entities licensed as required under applicable provisions of the Contractor’s License Law (Cal. Bus. and Prof. Code section 7000, et seq.) and rules and regulations adopted pursuant thereto; and each Bidder shall insert its type of Contractor ‘s license, license number, and other requested information in the place provided in the bid. No oral, telephonic or facsimile Bid or modification of a Bid will be considered.

(c) Effective March 1, 2014, all bidders must have registered with the California State Department of Industrial Relations pursuant to Labor Code section 1725.5 prior to submitting a bid. Furthermore, effective April 1, 2015, a Contractor must be registered pursuant to Labor Code section 1725.5 before entering into a contract to work on a public project.

Submittal of Bids

(a) All Bids must be submitted not later than the time prescribed, at the place and in the manner set forth in the Invitation to Bid. Bids must be made on the prescribed Bid Forms. A complete Bid requires submission of all documents identified in subsection (d) below. Each Bid must be submitted in a sealed envelope addressed to City of West Sacramento, Director of Public Works, 1110 West Capitol Avenue, 2nd Floor, West Sacramento, California 95691 and designated as a Bid bearing the name of the Bidder and name of the project. The Bidder is wholly responsible to see that its Bid is submitted at the time and place named for the opening of bids.

(b) Bids shall include all Addenda or clarifications issued during the bidding period acknowledged by the bidder’s signature thereon. Failure to so include or acknowledge an addendum or clarification may result in the Bid being rejected as not responsive.

(c) Bids shall be opened at the time and place specified in the Invitation to Bid, unless changed by addendum.

(d) Bid documents to be submitted shall include the following:

(1) Completed Bid Schedule (If applicable)

(2) Proposal Signature Sheet

(3) Bid Security (if a Bid bond, to be accompanied by power of attorney, both executed and notarized)

(4) Non-Collusion Declaration

(5) Experience & Qualification Form

(6) Completed Subcontractor List

(7) Bidder’s Checklist

(8) If a Federal-Aid project, all required DBE documentation and anti-lobbying documentation.

Preparation of Bid Blank spaces in the Bid shall be properly completed. The phraseology of the Bid must not be changed and no additions shall be made to the items mentioned therein. Unauthorized conditions, limitations or provisions attached to a Bid will render it informal and may cause its rejection. If erasures, interlineations or other changes appear on the form, each erasure, interlineation or change must be initialed by the person signing the Bid. Alternative bids will not be considered unless specifically provided for in the Bidding Schedule. No Bid received after the time fixed, or received at any place other than the place stated in the Invitation to Bid will be considered. All bids will be opened and read publicly. Bidders, their representatives and other interested parties are invited to be present at the opening. Where bonds are required, the Bidder shall name in its Bid the surety or sureties who have agreed to furnish said bonds.

Bid Security

(a) All Bids shall be accompanied by a Bid Security. Such Bid Security shall include cash, cashier’s or certified check made payable to the City or a Bid Bond executed by an admitted surety insurer. The Bid Security must be enclosed in the same envelope with the Bid. The amount of the Bid Security shall be not less than ten percent (10%) of the total amount of the Bid.

(b) The Attorney-in-Fact (resident agent) who executes the Bid Bond on behalf of the surety company must attach a copy of its Power of Attorney as evidence of its authority. A notary shall acknowledge the power as of the date of execution of the surety bond which it covers.

(c) Bid Bonds must be provided on the Bid Bond form furnished by the City. The Bid Bond must be furnished by a company, acceptable to the City, that is authorized and licensed by the Insurance Commissioner as an “admitted surety insurer” and that maintains at least one office in California for conducting business.

List of Subcontractors

(a) Each Bidder shall set forth in its Bid on the form provided the following information in accordance with the provisions of Public Contract Code sections 4100-4113:

(1) The name, Contractor ‘s license number, public works Contractor registration number and the location of the place of business of each Subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the prime Contractor, specifically fabricates and installs a portion of the work or improvement according to the Contract Documents, in any amount in excess of one-half of one percent (0.5%) of the prime Contractor’s total Bid, or ten thousand dollars ($10,000.00), whichever is greater.

(2) The portion of the work which will be done by each such Subcontractor. Only one Subcontractor shall be listed for each such portion of the work as defined in the Bid.

(3) The Bidder is considered the Prime Contractor and shall perform at least sixty percent (60%) of the work, as determined by a percentage of the value of the work.

(b) If the Bidder fails to specify a Subcontractor for any portion of the work to be performed under the Contract, the Bidder agrees to perform that portion of the work itself.

Interpretation of Contract Documents Any explanation desired by the bidders regarding the meaning or interpretation of any of the Contract Documents must be submitted in writing at least five (5) calendar days prior to the Bid opening. Requests for clarification received after the above noted deadline may be answered at the discretion of the Engineer or Project Manager. Any such explanations or interpretations will be made in the form of Addenda to the documents and will be furnished to all bidders who shall submit all Addenda with their Bids. Neither the Engineer nor any representative of the City is authorized to give oral explanations or interpretations of Contract Documents, and a submission of a Bid constitutes agreement by the Bidder that it has placed no reliance on any such oral explanation or interpretation. However, the Engineer may, upon inquiry by bidder, orally direct the bidder’s attention to specific provisions of the Contract Documents which cover the subject of the inquiry.

Requests for Clarifications during the Bid period shall be mailed, faxed or emailed to:

Attn: Kevin Jones City of West Sacramento Water Treatment Plant 400 North Harbor Boulevard West Sacramento, CA 95605 kevinj@cityofwestsacramento.org Modification of Bids A Bidder may modify its Bid by written communication provided such communication is received by the City prior to the closing time for receipt of Bids. The written communication should not reveal the Bid price but should state the addition or subtraction or other modification so that the final prices or terms will not be known by the City until the sealed Bid is opened.

Withdrawals of Bids Bids may be withdrawn without prejudice by written or facsimile requests received from Bidder prior to the time for opening of Bids, and Bids so withdrawn will be returned to bidders unopened when reached in the process of opening Bids. No Bid may be withdrawn after the hour affixed for opening Bids without rendering the accompanying Bid Security subject to retention as liquidated damages in like manner as in the case of failure to execute the Contract after award, as in the Contract Documents herein provided. Negligence on the part of the Bidder preparing its Bid shall not constitute a right to withdraw the Bid subsequent to the opening of Proposals.

Discrepancies In the case of discrepancy between unit prices and totals, unit prices will prevail and the City will recalculate the Bid total based on the unit prices and estimated quantities. In case of discrepancy between words and figures, words will prevail.

Servicing and Maintenance Each Bidder must, if requested, furnish evidence that there is an efficient service organization which regularly carries a stock of repair parts for the proposed equipment to be furnished and installed in the work and that the organization is conveniently located for prompt service.

Disqualification of Bidders

(a) More than one Bid from an individual, firm, partnership or corporation under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership or corporation is interested in more than one Bid for the work contemplated may cause the rejection of all Bids in which the individual, firm, partnership or corporation is interested. If there is reason for believing that collusion exists among the bidders, any or all Bids may be rejected. Bids in which the price is obviously unbalanced may be rejected.

(b) All bidders are put on notice that any collusive agreement fixing the prices to be Bid so as to control or affect the awarding of this Contract is in violation of the competitive bidding requirements of the Public Contract Code and may render void any Contract let under such circumstances.

Opening & Award of Contract Bids will be opened publicly and read aloud at the time and date established in the invitation to Bidders. Bid Summaries may be made available to Bidders after the Bid Date.

(a) The City reserves the right to accept or reject any and all Bids for a period of sixty (60) days after the date of opening, and to waive any informality or irregularity in any Bid. No Bid can be withdrawn during that period, except pursuant to Public Contract Code section 5102, et seq.

(b) The City reserves the right to reject any or all Bids, including, without limitation, the right to reject any non-conforming, non-responsive, unbalanced, or conditional bids.

(c) Before a Bid is considered for award, the City may, in addition to the Experience & Qualifications form included in the Bid documents, require a Bidder to submit a statement of facts and detail as to its business, technical organization and financial resources and equipment available and to be used in performing the work. Additionally, the City may require evidence that the Bidder has performed other work of comparable magnitude and type. The City expressly reserves the right to reject any Bid if it determines that the business and technical organization, equipment, financial and other resources or other experience of the Bidder (including the bidder’s Subcontractors) is not sufficiently qualified for the work Bid upon and, therefore, justifies such rejection.

(d) The award of the Contract, if it is awarded, will be to the lowest responsive responsible Bidder whose Bid complies with the requirements set forth herein.

(e) The issuance by the City of a notice to the successful Bidder of the award of the Contract (“Notice of Award”) shall be deemed the Award of Contract.

Bid Protests 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 procedure. In submitting a Bid to the City for this project, the Bidder agrees to comply with and to be bound by this procedure.

Any Bid protest must be submitted in writing to the Director of Public Works of the City of West Sacramento before 5:00 p.m. on the fifth (5th) working day following Bid opening.

(a) The initial protest document must contain a complete statement of the basis for the protest, and all supporting documentation.

(b) The party filing the protest must have actually submitted a Bid for the Work. A Subcontractor of a party submitting a Bid for the Work may not submit a Bid protest. A party may not rely on the Bid protest submitted by another Bidder, but must timely pursue its own protest.

(c) The protest must refer to the specific portion of the Contract Documents which forms the basis for the protest.

(d) The protest must include the name, address and telephone number of the person representing the protesting party.

(e) The party filing the protest must concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other Bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.

(f) The City will give the protested Bidder five (5) working days after the receipt of the protest to submit a written response. The responding Bidder shall transmit the response to the protesting Bidder concurrent with delivery to the City.

(g) The procedure and time limits set forth in this paragraph are mandatory and are the Bidder’s sole and exclusive remedy in the event of Bid protest. The Bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the Bid protest, including filing a Government Code Claim or legal proceedings.

(h) If the City determines that a protest is frivolous, the protesting Bidder may be determined to be non-responsible and that Bidder may be determined to be ineligible for future contract awards.

Contract Bonds

(a) The successful Bidder shall furnish both a Performance Bond and a Payment Bond in the amount of one hundred percent (100%) of its Total Bid Price.

(b) These Bonds shall be furnished in the forms enclosed following the Contract and shall be satisfactory to the City and shall be obtained from a responsible corporate surety (or sureties) acceptable to the City, which is admitted by the State of California to act as surety upon bonds and undertakings and which maintains in this State at least one office for the conduct of its business. The surety (or sureties) shall furnish reports as to its financial condition from time to time as requested by the City. The premiums for said Bonds shall be paid by the successful bidder.

(c) These Bonds shall be furnished by companies who are authorized and licensed by the Insurance Commissioner as an “admitted surety insurer.” The surety shall provide the City with the documentation required by Section 995.660 of the California Code of Civil Procedure.

(d) If any surety becomes unacceptable to the City or fails to furnish reports as to its financial condition as requested by the City, the Contractor shall promptly furnish such additional security as may be required from time to time to protect the interests of the City and of persons supplying labor or materials in the prosecution of the work contemplated by this Contract.

(e) In the event of any conflict between the terms of the Contract and the terms of the Bonds, the terms of the Contract shall control and the Bonds shall be deemed to be amended thereby. Without limiting the foregoing, the City shall be entitled to exercise all rights granted to it by the Contract in the event of default, without control thereof by the surety, provided that the City gives the surety notice of such default at the time or before the exercise of any such right by the City, and, regardless of the terms of said Bonds, the exercise of any such right by the City shall in no manner affect the liability of the surety under said Bonds.

Substitution of Securities for Monies Withheld Bidders are hereby notified that in accordance with the provisions of Public Contract Code section 22300, securities may be substituted for any monies which the City may withhold pursuant to the terms of the Contract to insure performance.

Execution of Contract The successful Bidder will be notified in writing by the City of the award of the Contract within sixty (60) days after opening of Bids. Accompanying the City’s Notice of Award will be the Contract, in triplicate, which the successful Bidder will be required to execute and return, together with the Performance Bond and Payment Bond, and the required certificates and policies of insurance together with the required endorsements thereto for the Contractor and the workers compensation certificate to the City within ten (10) days following receipt of such Notice of Award. Failure to do so shall be just cause for annulment of the award and for forfeiture of the Bid Security which shall be retained as liquidated damages, and it is agreed that the bond sum is a fair estimate of the amount of damages that the City will sustain by reason of such failure. The City will promptly determine whether such Contract, Bonds and insurance are as required by the Contract Documents, and upon such determination will forward a fully executed copy of the Contract and a Notice to Proceed with the work to the successful bidder. Signature by both parties constitutes execution of the Contract. In the event of failure of the lowest responsible Bidder to sign and return the Contract with acceptable Bonds and insurance as prescribed herein, the City may award the Contract to the next lowest responsible bidder, and, in the event that Bidder fails to sign and return the Contract with acceptable Bonds and insurance, the City may award the Contract to the then next lowest responsible bidder, etc.

Return of Bid Securities All Bid Securities will be held until the Contract has been finally executed, after which all Bid Securities, other than any Securities which have been forfeited, will be returned to the respective bidders.

Power of Attorney The Attorney-in-Fact (resident agent) who executes the Performance Bond and Payment Bond on behalf of the surety company must attach a copy of its Power of Attorney as evidence of its authority. A notary shall acknowledge the power as of the date of the execution of the surety bond which it covers.

Time of Completion The time of completion of the work to be performed under this Contract is the essence of the Contract. Delays and extensions of time may be allowed in accordance with the provisions of the General Conditions. The time allowed for the completion of the work is stated in the Contract.

Licensing and Registration Requirements for Contractors All bidders, including general contractors and specialty contractors, shall hold such licenses as may be required by the laws of the State of California for the performance of the work specified in the Contract Documents.

All bidders, and Subcontractors subject to Public Contract Code section 4104, must have registered with the California State Department of Industrial Relations pursuant to Labor Code section 1725.5 prior to submitting a bid. Furthermore, a Contractor , and all Subcontractors subject to Public Contract Code section 4104, must be registered pursuant to Labor Code section 1725.5 before entering into a contract to work on a public project.

Escrow of Bid Documents Upon award of the job to the successful bidder, and at the time of execution of this Contract, Contractor shall present all documentation used by the successful Bidder in arriving at the Bid upon which the Contract was awarded (“Bid Documentation”) to the Engineer’s office. Such documentation shall be presented in a sealed envelope or box. Notice to Proceed will not be granted until City receives notice that such documentation has been received. This Bid Documentation shall include, but not be limited to any documents, pictures, or writings which relate to, arise out of, or constitute in any way notes, memoranda, phone logs, Subcontractor and materialmen estimates, computations, or the like used by, complied by, or drafted by the successful Bidder or its agents in arriving at its Bid for the Project. The City Engineer and Project Manager may consult the Bid Documents as needed during the course of the Project and in connection with the resolution of all such disputes. After Project Completion and payment and the resolution of such disputes, the Bid Documents will be returned to the Contractor.

Prevailing Wages Copies of the current schedules for prevailing wages are on file in the City’s office, and the contents of those schedules are included herein as if set forth in full. Copies of the prevailing rate of per diem wages may also be obtained from the Department of Industrial Relations, P.O. Box 420603, San Francisco, CA 94142-0603, Attn: Chief, Division of Labor Statistics and Research or online at: http://www.dir.ca.gov/oprl/dprewagedetermination.htm.

Preconstruction Conference A preconstruction conference will be convened after the Contractor has delivered the necessary bonds, insurance certificates and signed agreement in proper form as required in the invitation to bid, Bid proposal and general conditions of these specifications. Prior to any work, the Contractor shall provide the Engineer with a list of key personnel assigned to the project and the telephone numbers where they may be reached at any time. The list shall be made available in sufficient copies and presented at the preconstruction conference.

Defined Terms The defined terms in the Construction Documents have the same meaning as those set forth in the General Conditions, Article 1.03.

BIDDER’S CHECKLIST

All items on the Bidder’s Checklist must be initialed, dated and submitted for the Proposal to be considered complete. The City of West Sacramento reserves the right to award a Contract in a manner and on the basis which will best serve the City, taking into consideration the information in the statement of Bidder’s qualifications and past work history with the City.

The Bidder’s attention is especially called to the following forms which must be executed in full as required:

1. a) BID PROPOSAL To be filled in and signed by the Bidder.

Initial:

Date:

b) BID SCHEDULE (If applicable) The unit prices Bid must be shown in the space provided. The total Bid price must be shown in the space provided.

Initial:

Date:

2. BID SECURITY

The Bid bond is to be executed by the Bidder and the surety company unless Bid is accompanied by cash or certified check. The amount of this Bid bond shall be not less than ten percent (10%) of the total amount Bid and may be shown in dollars or on a percentage basis.

Initial:

Date:

3. NON-COLLUSION DECLARATION

A Non-Collusion Declaration must be filled out, signed, and submitted with the Bid proposal for the Bid documents to be considered complete.

Initial:

Date:

4. EXPERIENCE QUALIFICATIONS

A statement of the Bidder’s Experience & Qualifications must be filled out, signed, and submitted with the Bid proposal for the Bid documents to be considered complete.

Initial:

Date:

5. DESIGNATION OF SUBCONTRACTORS

A Designation of Subcontractors must be filled out and submitted with the Bid proposal for the Bid documents to be considered complete.

Initial:

Date:

6. INSURANCE

The insurance requirements, Section 6.24 of the General Conditions, for this project have been read and understood.

Initial:

Date:

7. SITE VISIT

The Bidder certifies that it has toured the project site and is familiar with the work involved.

Initial:

Date:

8. PERFORMANCE AND PAYMENT BONDS (IN PART 2)

The Bidder understands that a performance bond issued by an approved surety equaling one hundred percent (100%) of the Contract amount will be required. A payment bond equaling one hundred percent (100%) of the Contract amount will also be required.

Initial:

Date:

9. WORK SCHEDULE

The City makes no guarantee as to the method of work chosen by the Bidder. It is the Bidder’s responsibility to plan and schedule the work in order to complete the work in the time specified in the Special Provisions.

Initial:

Date:

10. ADDENDA

The Bidder acknowledges that it must sign and attach any applicable Addenda to the Bid proposal.

Initial:

Date:

11. CONTRACTOR’S CERTIFICATE REGARDING WORKERS COMPENSATION (IN PART 2)

The Bidder acknowledgment that Worker’s Compensation Insurance will be required for this project.

Initial:

Date:

BID PROPOSAL

Proposal to: Jai Chahal, Director of Capital Projects City of West Sacramento 1110 West Capitol Avenue, 1st Floor West Sacramento, CA 95691 The undersigned Bidder hereby proposes to furnish and deliver all necessary labor, tools, equipment, and other means of construction to perform the work required for the completion of the project entitled “Actiflo ATS Breaker & Controller Replacement and 12KV Breaker Replacement & Testing” in accordance with the intent of all plans, specifications, and Addenda issued by the City of West Sacramento prior to the opening of the Bid proposals.

Bidder has read the accompanying instructions to Bidders, has carefully examined the location(s) of the proposed work, and has examined all Contract Documents, drawings and Addenda issued by the City and will contract with the City to construct the project, complete and in satisfactory condition.

The Bidder further agrees to complete all work required under the Contract within thirty (30) working days from the date designated in the Notice to Proceed, and to accept in full payment therefore the price indicated on the Bid Schedule.

The Bidder acknowledges that it understands that a waiting period from time of Bid opening until award may be sixty (60) days during which time Bidder may not withdraw its bid. The Bidder further acknowledges that it has adjusted its Bid price to include all possible items which may influence the proposal during the waiting period. Requests for Bid price change due to the delay shall not be agreed to by the City.

Company Name:

Bidder’s Name (Printed):

Bidder’s Title:

Bidder’s Signature:

Date:

Address:

Phone Number:

Contractor’s License Number:

Classification:

Expiration Date:

Public Works Contractor Registration Number:

BID SCHEDULE

The following quantities are approximate only and are given for the purpose of comparing proposals. The City does not expressly or by implication agree that the actual amount of work will correspond with quantities given herein, but reserves the right to increase or decrease the amount of any class or portion of the work as may be deemed necessary or advisable by the Engineer. Payment will be based upon the actual quantities installed or constructed, unless otherwise specified.

QUANTITY

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ELECTRONIC BIDS ONLY

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TOTAL BID PRICE $

In the case of discrepancy between unit prices and totals, unit prices will prevail and the City will recalculate the Bid total based on the unit prices and estimated quantities. In case of discrepancy between words and figures, words will prevail.

BID SECURITY

THAT WE, THE UNDERSIGNED, ________________________________, as principal; and ________________________, as Surety, are hereby held and bound unto the CITY OF WEST SACRAMENTO, hereinafter “City”, in the sum of ___________________________ dollars ($__________), which sum is equal to at least ten percent (10%) of the total amount of the Bid for the work, payment of which sum, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns.

The condition of the above obligation is such that whereas the Principal has submitted to the City a certain Bid, attached hereto and made a part hereof, to enter into a Contract, in writing, for the construction of: Actiflo ATS Breaker & Controller Replacement and 12KV Breaker Replacement & Testing

NOW, THEREFORE,

Then, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all default of the Principal hereunder shall be the amount of this obligation as herein stated.

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

IN WITNESS THEREOF, the above-bounded parties have executed this instrument under their several seals this _____ day of ___________________, 20___, the name and corporate seal of each corporate party being hereto affixed and those present duly signed by its undersigned representative, pursuant to authority of its governing body.

IN PRESENCE OF:

Affix

(Individual Principal)

(Address)

(Business Address)

(Individual Principal)

(Address)

(Business Address)

(Corporate Principal)

(Business Address)

Affix

(Corporate Seal)

ATTEST:

(Corporate Surety)

(Business Surety)

Affix

(Corporate Seal)

The rate of premium on this bond is _____________________ per thousand. Total amount of premium charged $ _________________________.

NON-COLLUSION DECLARATION

STATE OF CALIFORNIA )

COUNTY OF YOLO )

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 its 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 it has full power to execute, and does execute, this declaration on behalf of the Bidder.

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].

Bidder’s Name (Printed):

Bidder’s Signature:

(Same Signature as on Proposal)

Bidder’s Title:

EXPERIENCE & QUALIFICATIONS

The Bidder has been engaged in the contracting business under the present business name for _______ years. Experience in work of a nature similar to that covered in the proposal extends over a period of _______ years.

The Bidder, as a Contractor, has never failed to satisfactorily complete a Contract awarded to it, except as follows:

The following contracts have been satisfactorily completed in the last three (3) years for the persons, firm or authority indicated, and to whom reference is made:

The following is a list of plant and equipment owned by the Bidder, which is available for use on the proposed work as required.

Bidder’s Name (Printed):

Bidder’s Signature:

(Same Signature as on Proposal)

Bidder’s Title:

Date:

Actiflo ATS Breaker & Controller Replacement and 12KV Breaker Replacement & Testing Page | 1-1

DESIGNATION OF SUBCONTRACTORS

In compliance with Sections 4100-4114 of the California Public Contract Code each Bidder shall submit the name, Contractor license number, public works Contractor registration number, and business location of each Subcontractor who will perform work or labor or render service to the Contractor for the construction of the work performed under these specifications in excess of one-half of one percent of the prime Contractor’s total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime Contractor ‘s total Bid or ten thousand dollars ($10,000.00), whichever is greater. If the Contractor fails to specify a Subcontractor for any portion of the work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and it shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth. (Attach additional forms as necessary)

If no Subcontractors will be used, write “None” here:__________________ I declare under penalty of perjury that the foregoing is true and correct and this Declaration is executed this ________ day of _________________, 20___, in West Sacramento, CA 95691.

By: ______________________________________ Contractor Company Name: ______________________________________

SUBCONTRACTOR FORM MUST BE RETURNED WITH BID

CONTRACT DOCUMENTS

Project Name

CONSTRUCTION CONTRACT

THIS CONTRACT made on ____________ by and between the City of West Sacramento (“City”), and ______________, hereinafter “Contractor”. The City and Contractor may be collectively referred to as the “parties”.

The parties have mutually covenanted and agreed as follows:

1. THE CONTRACT DOCUMENTS:

The complete Contract consists of the following documents (“Contract Documents”):

Invitation to Bid (See Part 1) Accepted Bid (and all accompanying documents) Addenda Nos. ________, as issued Designation of Subcontractors, (See Part 1) Construction Contract (See Part 2) Payment Bond to accompany Contract (See Part 2) Performance Bond to accompany Contract (See Part 2) Contractor’s Certification Regarding Workers’ Compensation (See Part 2) General Conditions (See Part 3) Supplemental Conditions (Special Provisions) (See Part 4) Drawings Technical Specifications (See Part 4) Change Orders City of West Sacramento Standard Specifications 2002, with Amendments #1 & #2 State of California Department of Transportation (Caltrans) Standard Specifications 2015

THE WORK:

The Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner, the [DESCRIPTION OF PROJECT] “Project” as called for, and in the manner designated in, and in strict conformity with, the Contract Documents. It is understood and agreed that the tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished and the work performed and completed as required in the Drawings and Specifications under the sole direction and control of the Contractor, and subject to inspection and approval of the City, or its representatives. The City hereby designates as its representative for the purpose of this Contract the following named person: [NAME].

CONTRACT PRICE:

The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of [WRITTEN NUMBER] [(NUMBER)] for the Project subject to additions and deductions as provided in the Contract Documents.

COMPLETION DATE:

The Project shall be commenced on the…