Contract_Template_(2024-2-13).docx

PUBLIC WORKS CONTRACT DOCUMENTS

USER GUIDE

For internal use only: Do not include in Contract Documents

This User Guide provides instructions for City staff who are responsible for preparing Contract Documents (as defined in Section 2 of the Contract) for competitively bid public works projects.

This template contains Contract Documents (Division 00 documents) which are designed to be compatible with most technical specifications for horizontal or vertical projects that require informal or formal bidding, and payment and performance bonds, as well as documents that are for internal use only. Each document is designed to work with the others, with defined terms used consistently throughout. This User Guide provides instructions for using each of the documents in this template.

Definitions: The following definitions may be useful to determine whether bidding requirements apply:

“Competitively bid” refers to formal or informal bidding pursuant to NMC Sections 2.91.035 and 2.91.080, respectively.

“Public works projects” refers to any project that is required to be let to the lowest and best bidder, pursuant to City Charter Section 101, and also includes any “public project” as defined by Public Contract Code § 22002. Pursuant tobuild Public Contract Code § 22002, a “public project” includes the construction, reconstruction, erection, alteration, renovation, improvement, demolition, repair work, and painting or repainting, involving any publicly owned, leased, or operated facility, and any supplies or materials furnished for the project. A public works project excludes any “maintenance work,” as defined by Public Contract Code § 22002.

Prompts: Some of the documents include blanks for the City to complete and may also include written prompts for filling in those blanks, between angle brackets (< >). All such prompts and angle brackets are intended solely to assist the document preparer and should be deleted from the final form for each project.

Optional Provisions: Some of the documents include optional provisions that may be copied and pasted in as needed or deleted if not needed for a particular project. Where applicable, instructions for the completion or use of particular provisions are provided in italics and highlighted so that the instructions can easily be distinguished from the text and deleted as the documents are completed for use.

Conventions: Numbers one through ten are generally stated in words, except when used with the percent (%) symbol or for section references. Numbers 11 and greater are stated as numerals. Defined terms and document titles are capitalized. Dollar amounts are stated numerically only, and not spelled out in words. The most frequently used defined terms are defined in Article 1 of the General Conditions; other definitions are provided directly in the relevant text.

Internal Use Documents: The Notice of Award, Notice to Proceed, Notice of Acceptance, Notice of Completion and this User Guide are provided for internal use. Do not include them in the bid packet.

Document Preparation: Document preparers are advised to carefully follow the directions in this User Guide and those included within each document. Use “Show ¶” view when editing to avoid inadvertent deletion of page or section breaks, especially when cutting or deleting optional provisions. Delete this User Guide and any “internal use” documents from the completed bid packet. Brief directions for each document follow:

Cover Pages:

· Insert the City’s customary cover page(s) as indicated.

· The map page is optional. Copy a map or diagram showing the project location on the map page or delete the map page.

Footers:

· Enter the project title and project number as indicated for each document.

Note: Check the version date in the footer to ensure the most current version of the template is being used.

Table of Contents:

· Make sure all edits have been completed in the body of this document before making changes to the Table of Contents.

· Once the Contract Documents have been prepared, update the Table of Contents by right-clicking anywhere inside the Table of Contents and then clicking “Update Field.” Formatting may need to be adjusted following the update. The Table of Contents does not include the template documents that are intended for internal use only, i.e., the Notice of Award, Notice to Proceed, Notice of Acceptance, Notice of Completion and this User Guide, or documents that are not included within this template, such as the Technical Specifications.

Notice Inviting Bids:

· This form should be completed as indicated and used to give public notice as required for formal or informal bids by the Public Contract Code. It primarily includes provisions that are required by law to be included in the notice inviting bids. To limit publication costs, provisions that are not required for the notice are in the Instructions to Bidders.

· For Section 2.1, provide a summary description of the work including significant components. Descriptions of magnitude may be helpful, e.g., “installation of 12,000 linear feet of 18-inch waterline” or “placement of 1,000 tons of asphalt.”

· Section 2.2 is intended to be flexible. For example, this provision could specify that the project must be completed within a specific number of working days from the start date set forth in the Notice to Proceed, or it could specify that the project must be completed by a specific calendar date.

· For Section 3.1, provide the applicable license classification(s) required for the project. For further information, see http://www.cslb.ca.gov/About_Us/Library/Licensing_Classifications/.

· For projects that may be awarded through informal bidding requirements under Public Contract Code § 22034, where the Notice is transmitted to qualified contractors (instead of publication or posting), the final line for the publication date may be deleted. Informal bidding under § 22034 only applies to agencies that have elected to adopt the California Uniform Construction Cost Accounting Procedures.

· The optional provisions that follow should be completed, copied, and pasted in as directed—if applicable. Delete the instructions and all unused optional provisions.

Instructions to Bidders:

· This form should be completed as indicated to provide clear instructions and information to the bidders. It may be tailored to include project-specific bidding requirements and procedures.

· The initial paragraph at the top of page should be completed with the project title.

· Regarding Section 1.3, the DIR advises that public agencies must confirm a bidder’s DIR registration before the sealed bid is opened. The DIR registration number is required in the file name of the electronic upload to Public Purchase so that it can be verified on the DIR’s website before the bid is opened. Exceptions: The City may accept bids from unregistered contractors for contracts authorized under Bus. & Prof. Code § 7029.1 (joint ventures), or Pub. Con. Code § 20103.5 (federally funded); however, even for those exceptions, the contractor must be registered at the time the contract is awarded. (Labor Code § 1771.1(a).)

· Complete Section 4.1 with the appropriate City address for submission of the original form of bid security and Section 10 with the project title as indicated.

· Regarding Section 18 (In-Use Off-Road Diesel-Fueled Fleets), if the Project involves the use of vehicles subject to the California Air Resources Board’s In-Use Off-Road Diesel Fueled Fleets Regulation (13 CCR § 2449 et seq.), then the City must obtain a valid Certificate of Reported Compliance for the apparent low bidder’s fleet and its listed subcontractors, if applicable, before entering into the contract. Section 18 is structured such that the City will request the certificates after bid opening, but before award, and the apparent low bidder must submit the required certificates within three working days following City’s request. The City cannot enter into a contract with a fleet for which it does not have a valid Certificate of Reported Compliance for the fleet and its listed subcontractors, if applicable.

· The optional provisions that follow should be completed, copied, and pasted in as directed—if applicable. Delete the instructions and all unused optional provisions.

Bid Form:

· Add the project title and add/complete or delete the optional provision as applicable. Delete the instructions and unused provisions.

· The rest of the form should be completed and submitted by the bidder as indicated.

Bid Schedule:

· Complete as appropriate to indicate the unit pricing required for the project. If needed, adapt the Bid Schedule for separate bid alternates, the amount of which must be listed separately from the Base Bid amount.

· Mark any item intended as a “Final Pay Quantity” with an asterisk (*).

Note: If the project includes construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet or deeper, the Bid Schedule should include a bid item for adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, as required by Labor Code § 6707.

· If a Bid Schedule is not required for the project, delete Section 17 of the Instructions to Bidders and remove the Bid Schedule form from the Contract Documents.

Subcontractor List:

· This form must be completed by each bidder as indicated and submitted with the bid, if applicable.

Noncollusion Declaration:

· This form must be completed by each bidder as indicated and submitted with the bid.

Bid Bond:

· This form must be completed and submitted by each bidder that is using a bid bond as bid security. Enter the project title as indicated.

Bidder’s Questionnaire (Optional):

· This optional document may be included in the bid packet if the City wants additional background information on the bidders before awarding the contract. Information obtained from using this optional questionnaire may be useful for determining whether the low or lowest monetary bidder(s) appear to be “responsible.” In order to avoid bid protests over qualifications submittals, this template is structured for requiring the low or lowest monetary bidder(s) to provide the questionnaire upon request after bids are opened.

· Enter the project title at the top of the page. Section 5.3 may be modified to elicit more specific information about a bidder’s experience relative to the specific project to be performed.

· Whenever the Bidder’s Questionnaire is required, make sure to include the optional “Bidder’s Questionnaire” provision in the Instructions to Bidders.

· This form is not required by law and should not be used for any project for which bidders are required to be prequalified. A statutorily-compliant process should be used for prequalification.

Contract:

· This form should be partially completed by the City before inclusion in the bid packet, by adding the project title in the top paragraph, and by completing Recital A, Section 2 (list additional documents, if any), Section 5 (Time for Completion), Section 6 (Liquidated Damages), and Section 12 (the City’s portion of notice) as indicated.

Note: Liquidated damages should be determined on a project-by-project basis based upon foreseeable damage from delay. Foreseeable damage may include extended costs of inspection or other consultant services, cost to rent or provide alternative facilities, and public inconvenience. Because foreseeable damages will vary depending on circumstances, it is not advisable to use a single flat rate for all projects or to base the amount on a percentage of the contract price.

· It is critical that the list in Section 2, Contract Documents, is complete and accurate. For federally funded projects administered under the Local Assistance Procedures Manual, be sure to list Attachment A – Federal Bidding Requirements and Attachment B – Federal Contract Requirements. Do not include documents, e.g., technical reports that are provided “For Reference Only.” See optional provision for the Instructions to Bidders, on “For Reference Only.”

· Before attaching the Contract to the Notice of Award, complete Recital C with the date the City authorized award, complete or delete Recital D as indicated, and complete Section 4, Payment.

· The City should not execute the Contract until the City has received, reviewed, and approved the executed Contract from the Contractor along with its payment and performance bonds and certificates of insurance. Assuming all of those items are in order, have the Contract executed by the City’s authorized representatives.

Note: Be sure to carefully review the signed Contract submitted by the Contractor to ensure it has been completed and signed as required, and to ensure no improper changes have been made, such as to the Contract amount, liquidated damages amount, or time for completion.

Payment Bond:

· Enter the project title as indicated. This form must be completed and executed as indicated and returned by the Contractor.

Note: Payment bonds are required for any public works project of $25,000 or more.

Performance Bond:

· Enter the project title as indicated. This form must be completed and executed as indicated and returned by the Contractor.

Warranty Bond:

· Enter the project title as indicated. This form must be completed and executed as indicated and returned by the Contractor at project close out. Reference General Conditions Sections 4.4 and 11.1.

· Note that General Conditions Section 4.4 provides that the Warranty Bond will be for 15% of the Contract Price, “or as otherwise specified in the Contract Documents.” A different percentage may be provided in the Special Conditions, depending on City preference and Project needs.

General Conditions:

· The General Conditions are, as the title indicates, general, and include many provisions that are required by law as well as customary contractual requirements. They are drafted to be used for any City public works project and should not be modified without consulting with the City Attorney’s Office. Project-specific information and requirements should be in the Special Conditions and the Technical Specifications.

· The default insurance limits included in Section 4.3(A) (e.g., $2,000,000 per occurrence and $4,000,000 general aggregate for commercial general liability insurance) may be increased or decreased depending on the nature of the project and commensurate risk. Risk does not necessarily correlate to contract price—a small job can involve greater risk than a larger project, depending on the specific circumstances. Certain large projects may also require much higher limits. The builder’s risk insurance included under Section 4.3(A)(5) may not be required for horizontal projects. Changes to the insurance coverage requirements and default limits under Section 4.3 should be reflected in the Special Conditions for that contract, using the optional provision provided for that purpose, subject to approval of the City’s Risk Manager.

· Section 6.3(C), Time and Materials, includes default percentages for markup. The percentages are not set by law and may be modified.

Special Conditions:

· The Special Conditions are intended to include project-specific provisions that modify or supplement the General Conditions. Technical specifications, including Division 01 documents, should not be included in the Special Conditions, but rather in the Technical Specifications prepared for the Project.

· The Special Conditions form includes a very limited cut-and-paste “menu” of optional provisions that may be added to the Special Conditions for a project, if applicable. Any optional provision that is not applicable should be deleted, along with the instructions (in italics and highlighted) when preparing the Special Conditions for the particular project.

· Additional provisions for the Special Conditions should be added by the City on a per project basis, including requirements for state or federally funded projects. To ensure consistency, any added provisions should be adapted to use the same defined terms that are provided in Article 1 of the General Conditions.

Note: The Special Conditions take precedence over the General Conditions, so it is advisable to request review of the draft Special Conditions by the City Attorney’s Office before they are released, to ensure that they conform to legal requirements and do not unintentionally conflict with the other Contract Documents.

Attachment A – Federal Bidding Requirements (Optional):

· This is an optional placeholder that may be used for federally-funded projects administered under Caltrans’ Local Assistance Procedures Manual (“LAPM”) to attach and incorporate federal bidding requirements and federal bid forms as specified in the LAPM. The document preparer should consult the current LAPM and funding administrator or consultant as needed to determine which LAPM exhibits should be attached. Delete Attachment A if not applicable. The LAPM may be downloaded from: https://dot.ca.gov/programs/local-assistance/guidelines-and-procedures/local-assistance-procedures-manual-lapm.

Attachment B – Federal Contract Requirements (Optional):

· This is an optional placeholder that may be used for federally-funded projects administered under Caltrans’ LAPM to attach and incorporate federal contract requirements and forms as specified in the LAPM. The document preparer should consult the current LAPM and funding administrator or consultant as needed to determine which LAPM exhibits should be attached. Delete Attachment B if not applicable. The LAPM may be downloaded from: https://dot.ca.gov/programs/local-assistance/guidelines-and-procedures/local-assistance-procedures-manual-lapm.

Notice of Award:

· This form letter should be completed by the City as indicated and sent to the selected Contractor, and should enclose a copy of the Contract (completed with the bid price) for execution and return by the Contractor. This form is provided for internal use and should not be included in the bid packet.

Note: Public agencies must notify the DIR of award of a public works contract online at https://www.dir.ca.gov/pwc100ext/ within 30 days of award, but no later than the first day that work is to begin.

Notice to Proceed:

· This form letter should be completed by the City as indicated and sent to the Contractor after the City has countersigned the executed Contract and is prepared to direct the Contractor to proceed with the work. This form is provided for internal use and should not be included in the bid packet.

· The Notice to Proceed includes an optional provision in brackets [ ] that may be used to schedule a pre-construction conference. Complete as indicated or delete if inapplicable.

Notice of Acceptance:

· This form letter should be completed by the City as indicated and sent to the Contractor to document the date of acceptance of the Project as complete. In order to avoid delay of Project close out, the City may accept the Project as complete subject to exceptions for incomplete minor punch list items. The City should document the incomplete minor punch list items by following the instructions and prompts in Attachment A to the Notice of Acceptance. This form is provided for internal use and should not be included in the bid packet.

Notice of Completion:

· This form should be completed by the City as indicated and should be recorded no later than 15 days after the Project has been formally accepted as complete (even if acceptance is subject to exceptions for incomplete minor punch list items). This form is provided for internal use and should not be included in the bid packet.

For internal use only: Do not include in Contract Documents

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LOCATION MAP

City of Napa

TABLE OF CONTENTS

iii Notice Inviting Bids

1. Bid Submission. The City of Napa, a California charter city (“City”), will accept bids for its <________________________________> Project (“Project”), by or before <___________________>, 20<___>, at <_____>:<_____> <__>.m., via electronic submission on Public Purchase, the City’s eProcurement System, in the manner set forth in Section 1 of the Instructions to Bidders, at which time bids will be opened by the City.

2. Project Information.

2.1 Location and Description. The Project is located at ________________________________,_______________________ <Project location>, and is described as follows: <Insert summary description of the Project>

2.2 Time for Final Completion. The Project must be fully completed within <__> Working Days from the start date set forth in the Notice to Proceed. City anticipates that the Work will begin on or about <_____>, but the anticipated start date is provided solely for convenience and is neither certain nor binding.

3. License and Registration Requirements.

3.1 License. This Project requires a valid California contractor’s license for the following classification(s): <____________________________________>.

3.2 DIR Registration. City may not accept a Bid Form from or enter into the Contract with a bidder, without proof that the bidder is registered with the California Department of Industrial Relations (“DIR”) to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

4. Contract Documents. The plans, specifications, bid documents, contract, and other contract documents for the Project, and any addenda thereto (collectively, “Contract Documents”) may be downloaded from Public Purchase located at: https://www.publicpurchase.com/gems/napa,ca/buyer/public/home. (See Section 1.2 of the Instructions to Bidders for information on how to register as a vendor on Public Purchase.)

5. Bid Security. Each bidder must submit bid security equal to ten percent of the maximum bid amount, in the form of a cashier’s or certified check made payable to City, or a bid bond executed by a surety licensed to do business in the State of California on the Bid Bond form included with the Contract Documents, in the manner set forth in Section 4 of the Instructions to Bidders. The bid security must guarantee that within ten days after City issues the Notice of Award, the successful bidder will execute the Contract and submit the payment and performance bonds, insurance certificates and endorsements, and any other submittals required by the Contract Documents and as specified in the Notice of Award.

6. Prevailing Wage Requirements.

6.1 General. Pursuant to California Labor Code § 1720 et seq., this Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes.

6.2 Rates. The prevailing rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Project. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half.

6.3 Compliance. The Contract will be subject to compliance monitoring and enforcement by the DIR, under Labor Code § 1771.4.

7. Performance and Payment Bonds. The successful bidder will be required to provide performance and payment bonds, each for 100% of the Contract Price, as further specified in the Contract Documents.

8. Substitution of Securities. Substitution of appropriate securities in lieu of retention amounts from progress payments is permitted under Public Contract Code § 22300.

9. Subcontractor List. Each Subcontractor must be registered with the DIR to perform work on public projects. Each bidder must submit a completed Subcontractor List form with its Bid Form, including the name, location of the place of business, California contractor license number, DIR registration number, and percentage of the Work to be performed (based on the base bid price) for each Subcontractor that will perform Work or service or fabricate or install Work for the prime contractor in excess of one-half of 1% of the bid price, using the Subcontractor List form included with the Contract Documents.

10. Instructions to Bidders. All bidders should carefully review the Instructions to Bidders for more detailed information before submitting a Bid Form. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, as defined therein, including this Notice Inviting Bids.

By: ___________________________________ Date: ________________

<_________________________,> City Clerk

Publication Date: <___________________>

END OF NOTICE INVITING BIDS

Optional Provisions for Notice Inviting Bids:

The following optional provisions should be added to the Notice Inviting Bids only if applicable. Applicable provisions may be copied and pasted immediately following Section 10 on the standard Notice Inviting Bids form or as otherwise indicated below, numbered accordingly, and completed if needed. Delete instructions and notes (in italics) and unused optional provisions.

The following provision should be completed as indicated and added to the Notice Inviting Bids if a bidders’ conference or site visit is scheduled. If used for a site visit, replace each use of the term “bidders’ conference” with “site visit.”

__. Bidders’ Conference. A bidders’ conference will be held on <__________________________>, 20<____> at <_____>:<_____> <__>.m., at the following location: <_____________________________________________> to acquaint all prospective bidders with the Contract Documents and the Worksite. The bidders’ conference < is / is not > mandatory. A bidder who fails to attend a mandatory bidders’ conference may be disqualified from bidding.

Note: Public Contract Code § 6610 prohibits any mandatory pre-bid conference, site visit, or meeting from taking place sooner than five days after the Notice Inviting Bids is published for the first time.

The following provision may be completed as indicated and added to the end of Section 2 of the Notice Inviting Bids if the City wishes to inform bidders of the estimated construction cost. Alternatively, this could also be added to the end of Instructions to Bidders and re-numbered to fit.

2.3 Estimated Cost. The estimated construction cost is $<_________________________>.

Note: Government Code §§ 4003-4004 require that the City Engineer maintain an estimate of the Project costs on file in his/her office.

The following provision should be completed as indicated and added to the Notice Inviting Bids if the City has prequalified bidders pursuant to a statutorily compliant prequalification process under Public Contract Code § 20101 prior to issuance of the bid packet.

__. Prequalification. Only bids from prequalified bidders will be accepted. The following bidders are prequalified for the Project: <list all prequalified bidders>.

Note: If prequalification is not required for the Project, the City may wish to require submission of the Bidder’s Questionnaire in order to obtain additional information on each bidder and its past projects. An optional Bidder’s Questionnaire is included in this template, and instructions regarding submission of the Bidder’s Questionnaire are included in the Optional Provisions for the Instructions to Bidders.

The following provision should be completed as indicated and added to the Notice Inviting Bids if the City intends to conduct a statutorily compliant prequalification process for the Project, pursuant to Public Contract Code § 20101, that will be ongoing when the City issues the bid packet for the Project. Please note that the City must allow bidders an opportunity to dispute their prequalification rating prior to the bid deadline, pursuant to Public Contract Code § 20101(d). The City will want to factor in time for an appeal process when setting the bid deadline for the Project.

__. Prequalification. Only bids from prequalified bidders will be accepted. Prequalification forms and requirements are available at <________________________________>, and completed prequalification packets must be submitted by <____>:<___> <__>.m., on <______>, 20<___>, pursuant to the requirements set forth therein.

Note: If prequalification is not required for the Project, the City may wish to require submission of the Bidder’s Questionnaire in order to obtain additional information on each bidder and its past projects. An optional Bidder’s Questionnaire is included in this template, and instructions regarding submission of the Bidder’s Questionnaire are included in the Optional Provisions for the Instructions to Bidders.

The following provision should be completed as indicated and added to the Notice Inviting Bids if, and only if, the City Council or its designee has made a finding that a particular material, product, thing, or service is designated by specific brand or trade for one of the purposes permitted under subdivision (c) of Public Contract Code § 3400. For each item specified, indicate the statutory basis for the finding under “Reference,” e.g., § 3400(c)(1), (c)(2), (c)(3) or (c)(4), as applicable per note below.

__. Specific Brands. Pursuant to referenced provision(s) of Public Contract Code § 3400(c), City has found that the following specific brands are required for the following particular material(s), product(s), thing(s), or service(s), and no substitutions will be considered or accepted:

Note: Under Public Contract Code § 3400(c), a sole source specification is only permitted as follows:

The following provision should be completed as indicated and added to the Notice Inviting Bids for any Project that has been determined to be “substantially complex” in accordance with Public Contract Code § 7201, and is therefore subject to a retention rate in excess of the 5% cap. A finding of substantial complexity must be made during a public hearing by the City Council or its designee on a project by project basis, and the finding must include a description of the specific project and explain “why it is a unique project that is not regularly, customarily, or routinely performed by the agency or licensed contractors.” In addition, the bid documents must include “details explaining the basis for the finding.” At a minimum, the explanation made to support the finding should be included as indicated below to satisfy the requirement to provide “details explaining the basis for the finding” in the bid documents.

__. Retention.

__.1 Substantial Complexity. The City Council or its designee has approved a finding under Public Contract Code § 7201 that this Project is substantially complex and therefore requires a retention amount higher than 5%.

__.2 Basis for Finding. The basis for the finding that this is a unique project that is not regularly, customarily, or routinely performed by City or by licensed contractors is as follows:

_____________________________________<provide basis for finding>.

__.3 Percentage. The percentage of retention that will be withheld from progress payments is <__________> %.

The following optional provision may be used for projects administered under Caltrans’ Local Assistance Procedures Manual (“LAPM”) to (1) attach and incorporate bid provisions and forms for projects administered under the LAPM, as specified in Chapter 12 of the LAPM and exhibits thereto, and (2) incorporate the specific assurance required by the Standard Title VI/Non-Discrimination Assurances under Department of Transportation Order No. 1050.2A. DELETE ATTACHMENT A IF NOT APPLICABLE. Be sure to use the most current version of the LAPM and applicable exhibits, which may be downloaded from: https://dot.ca.gov/programs/local-assistance/guidelines-and-procedures/local-assistance-procedures-manual-lapm.

__. Caltrans Administered Project. This Project is funded in whole or in part by federal funds administered under Caltrans’ Local Assistance Procedures Manual (“LAPM”).

__.1 Federal Bidding Requirements. LAPM bidding requirements and forms are provided in Attachment A - Federal Bidding Requirements. Each bidder must comply with the requirements set forth in Attachment A, including completion and submission of required federal forms with its Bid Form, as further specified in Attachment A.

__.2 Title VI Non-Discrimination Assurances. The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. § 2000d et seq.) and applicable regulations, including 49 CFR Part 21, 28 CFR § 50.3, and any other applicable statutory or regulatory authorities identified in the Standard Title VI/Non-Discrimination Assurances, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. Any contract entered into pursuant to this advertisement will be subject to Appendix E of the Title VI Assurances, a copy of which is included in Attachment B - Federal Contract Requirements.

City of Napa Public Works Contract Documents Form 4.2 (2024-2-13)

Instructions to Bidders

Each Bid Form submitted to the City of Napa (“City”) for its <____________________________> Project (“Project”) must be submitted in accordance with the following instructions and requirements:

1. Bid Submission.

1.1 General. Each Bid Form must be completed, using the form provided in the Contract Documents, signed, and submitted to City, with all required forms and attachments, by or before the date and time set forth in Section 1 of the Notice Inviting Bids, or as amended by subsequent addendum, via electronic submission only, as specified in Section 1.2, below. Faxed, hand-delivered, mailed, or emailed Bid Forms will not be accepted, unless otherwise specified. Late submissions will not be considered. City reserves the right to postpone the date or time for receiving or opening bids. Each bidder is solely responsible for all of its costs to prepare and submit its bid and by submitting a bid waives any right to recover those costs from City. The bid price(s) must include all costs to perform the Work as specified, including all labor, material, supplies, and equipment and all other direct or indirect costs such as applicable taxes, insurance and overhead.

1.2 Electronic Submission.

(A) Public Purchase. The Bid Form and all required forms and attachments must be submitted in PDF format via Public Purchase at https://www.publicpurchase.com/gems/napa,ca/buyer/public/home. The file name of the PDF must include the bidder’s name and its registration number with the California Department of Industrial Relations (“DIR”) for bidding on public works contracts (Labor Code §§ 1725.5 and 1771.1), as follows:

[insert bidder’s company name] – DIR Reg. No. [insert DIR Reg. No.]

(B) Vendor Registration. To participate in the bidding process, each bidder must register with Public Purchase online at www.publicpurchase.com. For instructions on how to register as a vendor on Public Purchase, visit the City’s website at: http://www.cityofnapa.org/265/Bidding-Information. Please read the instructions carefully and follow all steps, including registration with Public Purchase and linking your Public Purchase account to the City.

(C) Bid Tabulation. On the next Working Day following the bid opening, City will post the bid tabulation to: https://www.publicpurchase.com/gems/napa,ca/buyer/public/home.

1.3 DIR Registration. Subject to limited legal exceptions for joint venture bids and federally-funded projects, City may not accept a Bid Form from a bidder without proof that the bidder is registered with the DIR to perform public work under Labor Code § 1725.5. If City is unable to confirm that the bidder is currently registered with the DIR, City may disqualify the bidder without opening its bid. (Labor Code §§ 1725.5 and 1771.1(a).)

2. Bid Form and Enclosures. Each Bid Form must be completed legibly using the form included with the Contract Documents. The Bid Form must be fully completed without interlineations, alterations, or erasures. Any necessary corrections must be clear and legible, and must be initialed by the bidder’s authorized representative. A Bid Form submitted with exceptions or terms such as “negotiable,” “will negotiate,” or similar, will be considered nonresponsive. Each Bid Form must be accompanied by a completed Subcontractor List and Non-Collusion Declaration using the forms included with the Contract Documents, a PDF copy of the bid security, and any additional forms required by the Notice Inviting Bids or Instructions to Bidders. In addition to submitting a PDF copy of the bid security, each bidder must also send the original form of bid security to the City, as set forth in Section 4, below.

3. Authorization and Execution. Each Bid Form must be signed by the bidder’s authorized representative. A Bid Form submitted by a partnership must be signed in the partnership name by a general partner with authority to bind the partnership. A Bid Form submitted by a corporation must be signed with the legal name of the corporation, followed by the signature and title of two officers of the corporation with full authority to bind the corporation to the terms of the Bid Form, under California Corporations Code § 313.

4. Bid Security. Each bid must be guaranteed by bid security of ten percent of the maximum bid amount, in the form of a cashier’s check or certified check made payable to the City, or bid bond using the form included in the Contract Documents and executed by a surety licensed to do business in the State of California.

4.1 Form of Security and Submission. In addition to submitting a PDF copy of the bid security, the wet-inked original bid bond, or cashier’s or certified check, must be sent to the City via U.S. Mail or a reliable overnight delivery service in a sealed envelope addressed to <_____________________________________________> and clearly labeled with the bidder’s legal name and address, the Project title, and the date and time of the bid deadline. The envelope containing the original form of bid security must be postmarked or otherwise dated to show that it was submitted to the U.S. Postal Service or overnight delivery service by or before the date of the bid deadline.

4.2 Bid Guarantee. The bid security must guarantee that, within ten days after issuance of the Notice of Award, the bidder will: execute and submit the enclosed Contract for the bid price; submit payment and performance bonds for 100% of the maximum Contract Price; and submit the insurance certificates and endorsements and any other submittals, if any, required by the Contract Documents or the Notice of Award. A Bid Form may not be withdrawn for a period of 60 days after the bid opening, or as otherwise extended by mutual written agreement between the City, bidder, and the bidder’s bid bond surety (if necessary), without forfeiture of the bid security, except as authorized for material error under Public Contract Code § 5100 et seq.

5. Requests for Information. Questions or requests for clarifications regarding the Project, the bid procedures, or any of the Contract Documents must be submitted electronically, in writing, via Public Purchase at https://www.publicpurchase.com/gems/napa,ca/buyer/public/home. Oral responses are not authorized and are not binding on the City. Bidders should submit any such written inquiries at least five Working Days before the scheduled bid deadline. Questions received any later might not be addressed before the bid deadline. An interpretation or clarification by City in response to a written inquiry will be issued in an addendum.

6. Pre-Bid Investigation.

6.1 General. Each bidder is solely responsible at its sole expense for diligent and thorough review of the Contract Documents, examination of the Project site, and reasonable and prudent inquiry concerning known and potential site and area conditions prior to submitting a Bid Form. Each bidder is responsible for knowledge of conditions and requirements which reasonable review and investigation would have disclosed. However, except for any areas that are open to the public at large, bidders may not enter property owned or leased by the City or the Project site without prior written authorization from City.

6.2 Document Review. Each bidder will review the Contract Documents and any informational documents provided “For Reference Only,” e.g., as-builts, technical reports, test data, and the like. A bidder is responsible for notifying City of any errors, omissions, inconsistencies, or conflicts it discovers in the Contract Documents, acting solely in its capacity as a contractor and subject to the limitations of Public Contract Code § 1104. Notification of any such errors, omissions, inconsistencies, or conflicts must be submitted in writing to the City no later than five Working Days before the scheduled bid deadline. (See Section 5, above.) City expressly disclaims responsibility for assumptions a bidder might draw from the presence or absence of information provided by City.

6.3 Project Site. Questions regarding the availability of soil test data, water table elevations, and the like should be submitted to the City in writing, as specified in Section 5, above. Any subsurface exploration at the Project site must be done at the bidder’s expense, but only with prior written authorization from City. All soil data and analyses available for inspection or provided in the Contract Documents apply only to the test hole locations. Any water table elevation indicated by a soil test report existed on the date the test hole was drilled. The bidder is responsible for determining and allowing for any differing soil or water table conditions during construction. Because groundwater levels may fluctuate, difference(s) in elevation between ground water shown in soil boring logs and ground water actually encountered during construction will not be considered changed Project site conditions. Actual locations and depths must be determined by bidder’s field investigation. The bidder may request access to underlying or background information on the Project site in City’s possession that is necessary for the bidder to form its own conclusions, including, if available, record drawings or other documents indicating the location of subsurface lines, utilities, or other structures.

6.4 Utility Company Standards. The Project must be completed in a manner that satisfies the standards and requirements of any affected utility companies or agencies (collectively, “utility owners”). The successful bidder may be required by the third party utility owners to provide detailed plans prepared by a California registered civil engineer showing the necessary temporary support of the utilities during coordinated construction work. Bidders are directed to contact the affected third party utility owners about their requirements before submitting a Bid Form.

7. Bidders Interested in More Than One Bid. No person, firm, or corporation may submit or be a party to more than one Bid Form unless alternate bids are specifically called for. However, a person, firm, or corporation that has submitted a subcontract proposal or quote to a bidder may submit subcontract proposals or quotes to other bidders.

8. Addenda. Any addenda issued prior to the bid deadline are part of the Contract Documents. Subject to the limitations of Public Contract Code § 4104.5, City reserves the right to issue addenda prior to bid time. Each bidder is solely responsible for ensuring it has received and reviewed all addenda prior to submitting its bid. Bidders should check Public Purchase periodically for any addenda or updates on the Project at: https://www.publicpurchase.com/gems/napa,ca/buyer/public/home.

9. Brand Designations and “Or Equal” Substitutions. Any specification designating a material, product, thing, or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate quality and type of item desired, and bidders may request use of any equal material, product, thing, or service. All data substantiating the proposed substitute as an equal item must be submitted with the written request for substitution. A request for substitution must be submitted within 35 days after Notice of Award unless otherwise provided in the Contract Documents. This provision does not apply to materials, products, things, or services that may lawfully be designated by a specific brand or trade name under Public Contract Code § 3400(c).

10. Bid Protest. Any bid protest against another bidder must be submitted in writing and received by the City Clerk’s Office at P.O. Box 660, Napa, CA 94559 or sent via email to the City Clerk at clerk@cityofnapa.org before 5:00 p.m. no later than two Working Days following the date upon which the City posts the bid results (“Bid Protest Deadline”). The envelope containing the bid protest, or the subject line of the email transmitting the bid protest, must be addressed as follows: “Attn: Bid Protest - <________________________> Project.” The bid protest must comply with the following requirements:

10.1 General. Only a bidder who has actually submitted a Bid Form is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest. For purposes of this Section 10, a “Working Day” means a day that City is open for normal business, and excludes weekends and holidays observed by City.