Digester Cleaning 2026 Project

City of Escondido San Diego County, California

CONTRACT DOCUMENTS AND

SPECIAL PROVISION SPECIFICATIONS

for:

Digester Cleaning 2026

RFB No. 26-08 This Project is designated “Specialty Work”

Project Manager

Randy Manns

Questions Concerning This Project Should be Directed to:

CITY OF ESCONDIDO

Randy Manns

Utilities Construction Manager / City of Escondido 1521 S. Hale Avenue, Escondido, California 92029

Phone (760) 839-6290, ext. 7031 Randy.Manns@escondido.gov

PROPOSALS WILL BE RECEIVED at the Office of the City Clerk, City Hall, 201 N. Broadway, Escondido, California 92025 Before 2 p.m. on June 11, 2026.

mailto:Randy.Manns@escondido.gov

TABLE OF CONTENTS

DIVISION 0 BIDDING REQUIREMENTS, CONTRACT FORMS, CONDITIONS OF

THE CONTRACT

Section Notice Inviting Sealed Bids................................................................................................ A-00030 Instructions to Bidders.................................................................................................A-00100 Bid Proposal ................................................................................................................A-00300 Bid Forms ....................................................................................................................A-00400 Public Improvement Agreement..................................................................................A-00500 Faithful Performance Bond..........................................................................................A-00610 Labor and Material Bond ............................................................................................A-00620 City of Escondido Business License ...........................................................................A-00630 Worker’s Compensation Insurance Certificate ...........................................................A-00660 General Conditions Section Index ...............................................................................A-00700 General Conditions ......................................................................................................A-00700 Supplementary General Conditions .............................................................................A-00800

DIVISION 1 - GENERAL REQUIREMENTS

Summary of Work Progress Schedules and Reports Temporary Environmental Controls & Constraints

DIVISION 13 – SPECIAL CONSTRUCTION

Digester Cleaning

APPENDICES

Appendix A ...........................Recycling Requirements Appendix B ...........................Site Plan/ Contractor’s Staging Area Appendix C ...........................Pollutant Metal Concentration Table Appendix D ...........................Digestion Report Appendix E ............................2024 “40 CFR 503 Biosolids Monitoring Report” Appendix F ............................Digester Record Drawings

NOTICE INVITING SEALED BIDS

Page A-00030-6

CITY OF ESCONDIDO

DIGESTER CLEANING 2026

PUBLIC NOTICE IS HEREBY GIVEN:

That the City Clerk, on behalf and as authorized by the City of Escondido, will accept sealed bids for this project. A sealed bid must be clearly marked with the name of the project and time-stamped at the City Clerk’s Office, 201 N. Broadway, 2d Floor, Escondido, CA 92025, before 2 p.m. on June 11, 2026, to be considered timely. Bidder assumes the risk that mailed bids will be promptly delivered to the City Clerk and time-stamped prior to the deadline. Bids may not be faxed or emailed.

A mailed bid shall be double wrapped with an external shipping envelope that contains the separately sealed bid documents. The shipping envelope will be opened upon receipt. The shipping envelope of a mailed bid should be addressed as follows:

City Clerk Attn: SEALED BID – Digester Cleaning 2026 201 N. Broadway Escondido, CA 92025-2798

All sealed bid documents must be enclosed in a separate envelope and clearly marked, using Times New Roman size 18 font, as follows:

SEALED BID

Digester Cleaning 2026

OPEN ON June 11, 2026 The City reserves the right to reject any bid that does not follow the exact procedures provided in this Notice.

A. PROJECT SUMMARY:

1. PRE-BID MEETING:

A pre-bid meeting will be held on June 11, 2026 at 9 a.m. in the conference room of the Hale Avenue Resource Recovery Facility (HARRF) located at 1521 South Hale Ave., Escondido, California, 92029. Attendees are to arrive for the meeting on time and sign an attendance list. Following the meeting, a site walk will commence.

1. DESCRIPTION OF WORK.

The work under this contract (“Work”) is necessary for and incidental to the execution and completion of all Work indicated in the Contract Documents for:

Digester Cleaning 2026

Drawings and General Provisions of the Contract, including General and Supplementary Conditions and other Specification Sections, apply to this Section.

The Work under this contract includes the furnishing of labor, materials, tools and equipment, which is required for the completion of the project in accordance with the provisions of the Contract Documents.

2. WORK COVERED BY CONTRACT DOCUMENTS

The work consists generally of the following:

Cleaning and removal of all sludge, solids, liquids, hair, plastics, trash, organic and inorganic material, and leakage, all within three

(3) Primary Digesters and one (1) Secondary Digester, all located at the Hale Avenue Wastewater Plant.

Onsite dewatering of removed contents. Legal disposal of dewatered solids.

High pressure hose nozzle and broom cleaning of interior Digester walls, floors, ceilings, covers, piping, valves, draft tubes, and materials inside the Digesters.

Cleaning, inspection, and testing of Gas Diffusers and associated Gas Diffuser piping for each of four (4) Digesters.

Upon inspection following cleaning, City may direct Contractor to perform additional work such as repairs or installation at the Digesters or Gas Diffusers.

Lead Agency: City of Escondido.

The work will be constructed under a single prime contract.

3. WORK SEQUENCE

The CONTRACTOR shall coordinate the WORK schedule and operations with the City. Work sequence shall commence with work on Primary Digester No. 2, proceed to Primary Digester No. 1, proceed to Primary Digester No. 3, and finally proceed to work on the Secondary Digester. A minimum of two Primary Digesters shall remain in service at all times during the Work, unless otherwise directed by the City.

The CITY plant staff will draw down the level of each Digester in the Work Sequence to be cleaned (one at a time) to approximately 50% of its volume, at which time the gas mixing and the heat will be shut off by CITY staff. The Digester will be isolated by CITY staff. Digester gas will be burned at the CITY flare until the gas production does not create sufficient pressure. At this point the CONTRACTOR will then be responsible for evacuation and opening of the hatch(s) and proceed with Work.

B. PLANS AND SPECIFICATIONS:

All of the above Work is to be done under contract in accordance with those certain plans, specifications and drawings as authorized by the City Council of the City of Escondido. The project Plans and Specifications are available as a free download from www.bidnetdirect.com/california/cityofescondido. All interested parties must register as a plan holder to view and download Project documents and to ensure they receive any addenda or updates.

C. BONDS:

1. The CONTRACTOR will be required to furnish with the contract a Faithful Performance Bond in the amount of one hundred percent (100%) of the aggregate amount of the bid and a Labor and Material Bond in the amount of one hundred percent (100%). The CONTRACTOR will also furnish certificates of insurance evidencing all insurance coverage required by the Specifications has been secured.

2. Bid Security must be submitted with the bid proposal. (See Section G of this notice)

D. STATE OF CALIFORNIA LABOR CODE AND APPLICABLE LAWS

The CONTRACTOR shall, in performance of the Work and improvement, conform to the State of California Labor Code and other laws applicable thereto.

1. Prevailing Wages:

NOTICE is hereby given that in accordance with the provisions of California Labor Code Sections 1770, 1773, 1773.1, 1773.6 and 1773.7, as approved by City of Escondido Resolution No. 77-30, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in Section 1773 for the locality in which the Work is to be performed. It shall be mandatory upon the CONTRACTOR to whom the Work is awarded and upon any subcontractor under the CONTRACTOR to pay not less than said specified rates to all workmen employed by them in the execution of the Work. Prevailing wage rates are available on the Internet at (http://www.dir.ca.gov/DLSR/PWD).

http://www.bidnetdirect.com/california/cityofescondido http://www.dir.ca.gov/DLSR/PWD

2. Payroll Records:

NOTICE is hereby given that pursuant to Section 1776 of the Labor Code, the prime CONTRACTOR is responsible for maintaining accurate payroll records of all employees, including all subcontractors, on said public Work. Certified copies of all payroll records shall be submitted to Field Engineering Office on a weekly basis.

3. Apprentices:

NOTICE is hereby given that pursuant to Section 1777.5 of the Labor Code, the prime CONTRACTOR is responsible for Code compliance for all apprenticeable occupations.

Contractor shall review and take affirmative steps to comply with California Labor Code Section 1777.5 regarding employment of registered apprentices. The entire responsibility for compliance with Section 1777.5 and other provisions of California State Law regarding apprentices shall be the sole responsibility of contractor.

4. License Requirement:

a. The Contractor shall possess a valid State of California Contractor’s License issued by the State Contractor’s License Board. The license shall be current and valid at the time the contract is awarded to the Contractor and remain in effect throughout the duration of the project.

The Contractor shall possess a “Class A” Contractor’s License for this project.

b. All subcontractors employed on this project by the Contractor shall possess current and valid State of California Contractor’s License Board issued Contractor’s Licenses applicable for the work they are performing on the project. The licenses shall be in effect for the duration of the time they are employed on the project.

c. The Contractor and all subcontractors employed on this project shall obtain City of Escondido Business Licenses prior to performing any work associated with this project. A copy of the Contractor’s City of Escondido Business License shall be submitted to the Field Engineering Inspector at the project pre-construction meeting and a copy of each subcontractor’s City of Escondido Business License shall be submitted to the Field Engineering Inspector prior to the subcontractor starting work on the project.

E. PRIME CONTRACTORS/SPECIALTY WORK (UTILITIES SPECIFICATION):

The apparent low bidder must demonstrate that fifty one percent (51%) of the adjusted total bid value (adjusted by deducting the value of Specialty Work) will be completed using a combination of the value of labor, materials and equipment supplied by the apparent low bidder. Specialty Work, if any, will be clearly designated on the Project Bid Schedule. The total value of all subcontractor work at no time shall exceed forty nine percent (49%) of the adjusted total bid value. Reference Article 6.10 SUBCONTRACTORS in the GENERAL CONDITIONS.

F. PAYMENT:

Payments will be made in cash to the CONTRACTOR in accordance with the provisions of the Specifications and on itemized estimates, duly certified, and then verified by the CITY, based on labor and materials incorporated into said Work during the preceding month by the CONTRACTOR. The City’s payment terms are Net 30 days from the date of receipt of an undisputed and properly submitted payment request from CONTRACTOR. No pre- payment or partial up front down payment will be made for any goods or services except as specified in the bid documents. Invoices shall be prepared and submitted in duplicate to the Construction Manager. Invoices shall contain the following information: Purchase order number, item number, description of supplies or services, sizes, units of measure, quantities, unit prices, authorized delivering tickets as required, and extended totals. All payments made pursuant to this contract are not assignable and shall only be made payable to the CONTRACTOR.

G. BID SECURITY:

All proposals or bids shall be accompanied by a cashier's or certified check, payable to the order of the CITY of Escondido amounting to ten percent (10%) of the bid, or by a bond in said amount and payable to said CITY, signed by the bidder and a corporate surety, or by the bidder and two sureties who shall justify before any officer competent to administer oaths, in double said amount over and above all statutory exemptions. Said check shall be forfeited or said bond shall become payable if the bidder depositing the same does not, within fifteen (15) days after written notice, execute the contract.

H. AWARD AND EXECUTION:

Execution of the contract includes providing the CITY with all required bonds, evidence of insurance coverage, or any other documentation required by the contract.

The CONTRACTOR shall execute the contract within fifteen (15) days after it has been notified in writing of award of contract, shall commence construction within one week after a Notice to Proceed, and shall complete all the Work and improvements within 90 calendar days.

The City Council hereby reserves the right to reject any and all proposals, delete any site in which installation costs seem prohibitive, to waive any irregularity, and to award the contract to other than the lowest bidder. No bidder may withdraw its bid for a period of ninety (90) days after the bid opening.

I. BIDS:

Proposals must be submitted on the forms prepared and furnished for that purpose and which may be obtained via the City’s webpage on BidNetDirect.com. Bidders may download copies of the Plans, Profiles, and Specifications at “No Cost”. Bidders shall register as a bidder through BidNetDirect.com to ensure any published addenda can be properly received. BIDDERS SHALL PRINT AND FILL OUT THE REQUIRED BID

DOCUMENTS TO BE SUBMITTED AS LISTED ON THE TABLE FOUND IN THE

“INSTRUCTIONS TO BIDDERS” paragraph 31. For further information, or bidding instructions and requirements, please contact the Utilities Construction Coordinator, Randy Manns via email, Randy.Manns@escondido.gov.

J. STIPULATED RATES AND MARK-UPS FOR EXTRA WORK:

All bidders have an equal opportunity to review the stipulated rates and mark-ups for extra Work set forth in Article 11 of the Contract General Conditions. All bidders acknowledge that the CITY may make changes to the Work, or suspend the Work and no matter how many changes, such changes or suspension are within the contemplation of the parties and will not be a basis for a compensable delay.

K. EXPERIENCE REQUIRED OF BIDDERS

Prime contractor and/or subcontractors shall have successfully completed at least THREE similar projects within the last five years. Submit experience on the form titled

“INFORMATION REQUIRED OF BIDDER, GENERAL INFORMATION, JOB

REFERENCE & CLAIMS”. THIS ENTIRE PROJECT CONSISTS OF “SPECIALTY

WORK”. EXPERIENCE OF THIS SPECIALTY WORK MUST BE THE SPECIALTY

OF “DIGESTER CLEANING”

Date:

City Clerk, Zack Beck

State of California mailto:Randy.Manns@escondido.gov

City of Escondido INSTRUCTIONS TO BIDDERS Digester Cleaning 2026 Project Page A-00100-1 (Rev. 3/17)

SECTION A-00100 - INSTRUCTIONS TO BIDDERS

SECTION INDEX

Page Number

1. Defined Terms ....................................................................................................... A-00100-2

2. Securing Documents

3. Interpretations and Addenda

4. Bidder’s Examination of Project Documents and Site

5. Proposals

6. Certificates

7. Disqualification of Bidders

8. Quantities of Work

9. Substitution of Materials

10. Competency of Bidders

11. Bid Security

12. Bonds

13. Insurance Requirements

14. Discrepancies in Bids

15. Modifications and Unauthorized Alternative Bids

16. Withdrawal of Bid

17. Award of Contract and Execution of Agreement or Rejection of all Bids

18. Return of Bid Security

19. Liquidated Damages 20 Stipulated Prices for Extra Work

21. Encroachment Permit

22. Local Business License

23. Workers' Compensation Requirement

24. Noncollusion Declaration

25. Prevailing Wages

26. Form of Contract

27. Field and Home Office Overhead

28. City Hall Hours

29. Bid Protest

30. Not a “Green Book Project”

31. Instructions to Bidders Regarding Submission of Proposal (Includes a “Check Sheet” of Documents to be Submitted by all Bidders)

32. Documents to be Executed by the Bidder who the City Determines is the Lowest

Responsive and Responsible Bidder (Table)

Digester Cleaning 2026 Project Page A-00100-2

1. DEFINED TERMS.

1.1 Terms used in these Instructions to Bidders and the Notice Inviting Sealed Bids which are defined in the General Conditions have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to the City, as distinct from a sub-bidder, who submits a price or quote to a Bidder.

1.2 Where "the City" is used herein, it shall be understood that the City of Escondido, San Diego County, California, is intended.

1.3 Where "the ENGINEER" is used herein, please reference the “Definitions” in the General Conditions, and, where utilized, the corresponding section in the supplementary General Conditions.

2. SECURING DOCUMENTS. The Project Plans and Specifications are available as a free download from the City’s webpage at BidNetDirect:

https:\\www.bidnetdirect.com/california/cityofescondido “Open Solicitations” “Digester Cleaning 2026”.

Bidders must register on the website to ensure that they receive any issued addenda or updates.

3. INTERPRETATIONS AND ADDENDA.

3.1 All questions about the meaning or intent of the Project Documents are to be directed to the City. If any bidder should find discrepancies in, or omissions from the plans, specifications or other proposed contract documents or if bidder should be in doubt as to the true meaning of any part thereof, bidder shall at once make a written request to the City via e-mail, , for correction, clarification, or interpretation of the point or points in question. Additions, deletions, or revisions to the Project Documents considered necessary by the City in response to such questions will be issued by Addenda via BidNetDirect to all parties recorded by the City as having received the Project Documents. Questions received after 5:00 p.m. on Monday, June 8, 2026 before the bid opening may not be answered. Only answers to such questions issued by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

3.2 Addenda may also be issued to make additions, deletions, or revisions to the Contract Documents. The effect of all addenda to the Project Documents shall be considered in the bid and said addenda shall be made a part of the Project Documents and shall be returned with them. Before submitting a bid, bidders shall inform themselves as to whether or not any addenda have been issued, and failure to cover any such addenda issued may render a bid informal and result in

Digester Cleaning 2026 Project Page A-00100-3 its rejection. To be considered responsive, bids must acknowledge all issued addenda.

3.3 Bidders shall make no special interpretation or inference of intent from differing formats in the Technical Specifications.

4. BIDDER'S EXAMINATION OF PROJECT DOCUMENTS AND SITE.

4.1 Before submitting a proposal, bidders shall examine the drawings, read the specifications, the form of contract, and other Project Documents. They shall visit the site of the proposed Work, examine the building, or buildings, streets, if any, and any Work that may have been done thereon. They shall fully inform themselves of all conditions, in, at, and about the site, the building or buildings, streets, if any, and any Work that may have been done thereon. Bidders will be charged with knowledge of all facts which can be observed from a thorough pre-bid site inspection, including access to/from the site, storage of materials, opportunities, and physical characteristics.

Pursuant to Public Contract Code Section 1104:

A. Bidders shall not be required to assume responsibility for the completeness and accuracy of architectural or engineering drawings and specifications;

B. However, bidders shall be required to review architectural or engineering drawings and specifications prior to submission of their bids and to report any errors and omissions to the City;

C. The review shall be confined to the bidder’s capacity as a bidder and not as a licensed design professional;

D. To carefully examine the character, quality and quantities indicated in the Work;

E. To carefully examine the materials to be furnished;

F. To visit the site to become familiar with local conditions that may affect cost, progress, or performance, of the Work;

G. To consider federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work;

H. To study and carefully correlate the Bidder's observations with the Project Documents, and again, to report in writing any disparities.

Digester Cleaning 2026 Project Page A-00100-4

4.2 Reference is made to the Supplementary General Conditions for identification of:

A. Those drawings of physical conditions in or relating to existing facilities which are at or contiguous to the site and provided as Reference Only and are not part of the Project Documents.

B. Those environmental reports or drawings relating to known Asbestos, Hazardous Waste, PCBs, Petroleum, and/or Radioactive Materials identified at the site.

4.3 The plans and other Project Documents show conditions as they are believed to exist, but it is not inferred that all the conditions shown do actually exist, nor shall the City, their officers, employees or agents be liable for any costs sustained by the CONTRACTOR as a result of any variance between conditions shown on the Reference Drawings, and actual conditions revealed during examination or progress of the Work. The City makes no representation as to the completeness of the reports or drawings referred to in Paragraphs 4.2A, and 4.2B above or the accuracy of any data or information contained therein. The Bidder may rely upon the accuracy of the technical data contained in such reports and drawings.

However, the Bidder may not rely upon any interpretation of such technical data, including any interpretation of such technical data, including any interpretation or extrapolation thereof, or any non-technical data, interpretations, and opinions contained therein.

4.4 Not Used.

4.5 Not Used.

4.6 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Utilities, and other physical conditions, and possible changes in the Project Documents due to differing conditions appear in Article 4 of the General Conditions, A-00700.

4.7 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests, and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface, and Underground Utilities) at or contiguous to the site or otherwise which may affect cost, progress, or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Project Documents. To the extent any Bidder wishes to conduct any evaluation of subsurface site conditions, Bidder shall propose the same to City along with a detailed written proposal (which shall include a comprehensive explanation of the exploration sought to be performed (e.g., who, what, where, when, etc.), along with a certificate of insurance naming the City as an express additional insured).

The City, in its absolute discretion, shall review the proposal and issue a written

Digester Cleaning 2026 Project Page A-00100-5 response within five (5) working days of receipt. No site exploration shall be permitted within ten (10) working days of the bid date. Articles 2, 4, 5, 6, 13 and 16 of the General Conditions shall be applicable to any such effort. If any prospective bidder performs or causes to be performed any such subsurface inspection, and is awarded the contract, all information derived from such investigation shall be disclosed in writing to the City within ten (10) days of award.

4.8 The City will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid.

4.9 The lands upon which the Work is to be performed for use by the CONTRACTOR in performing the Work are identified in the Project Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the CONTRACTOR.

4.10 The submission of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Paragraph 4 and the following:

A. That the Bid is premised upon performing the Work required by the Project Documents without exception and such means, methods, techniques, sequences, or procedures of construction (if any) as may be required by the Project Documents; and

B. That Bidder has given the City written notice of all conflicts, errors, ambiguities, and discrepancies in the Project Documents; and

C. That the Project Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

5. PROPOSALS.

5.1 Bids to receive consideration shall be made in accordance with the following instructions:

A. Bids shall be made only upon the forms attached to and forming a part of these Specifications; all bid items shall be properly filled out; numbers shall be stated both in words and in figures and the signatures of all persons signing shall be in longhand in BLUE INK. Where there is conflict in the words and figures, the words shall govern.

B. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in with ink by the persons or persons signing the bid.

Digester Cleaning 2026 Project Page A-00100-6

C. Bids shall not contain any recapitulation of the Work to be done.

Alternative proposals will not be considered unless called for in the specifications. No oral, telegraphic, facsimile, or telephonic proposals or modifications will be considered.

D. The City may require any bidder to furnish a statement of experience, financial responsibility, technical ability, equipment, and references properly and fully filled out.

E. Each bidder shall list subcontractors on the form accompanying the proposal, in accordance with Public Contract Code Section 4100-4114, the “Subletting and Subcontracting Fair Practices Act.”

1. The name and location of the place of business of each subcontractor who will perform Work or labor or render service to the bidder in or about the construction of the Work or improvement, or a subcontractor licensed by the state of California who, under subcontract to the bidder, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent (1/2%) of the bidder's total bid.

2. The portion of the Work (in sufficient detail) which will be done by each such subcontractor. If the bidder fails to specify a subcontractor for any portion of the Work to be performed under the contract in excess of one-half of one percent (1/2%) of the bidder's total bid, the bidder agrees to perform that portion itself.

The successful bidder shall not without the City’s consent:

a. Substitute any person as subcontractor in place of the subcontractor designated in the original bid.

b. Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the bid.

c. Sublet or subcontract any portion of the Work in excess of one-half of one percent (1/2%) of the total bid as to which the original bid did not designate a subcontractor.

F. Unless an exception is called out otherwise in the bid specifications, the City requires that bidders must be properly licensed contractors who will perform no less than 51% of the value (as reasonably determined by the City) of the scheduled work using the bidder's own employees. No more than 49% of the scheduled work may be performed by subcontractors.

Digester Cleaning 2026 Project Page A-00100-7

G. Bids shall be delivered to the City Clerk on or before the day and hour set for the opening of bids in the “Notice Inviting Sealed Bids”, which bids shall be enclosed in a sealed envelope and bearing the title of the Work and the name of the bidder. If bids are mailed to the City without bearing the title of the Work to be done, they will be deemed not to have been delivered by the day and hour set forth in the notice. Facsimiles of bid documents are not permitted.

H. Any bid failing to comply with the requirements of this Section, A-00100, or any other requirements of these specifications, may be considered as having modified these specifications and on that basis may be rejected.

Such determination shall be made by the Escondido City Council upon consideration of the entire bid proposal and only if the Escondido City Council makes a finding that the deviation in such bid is so substantial as to render the bid different than that requested and at variance with the Specifications for the project.

I. The City Clerk will publicly open the bids as soon after the hour set as will be possible. Bidders or their authorized representatives are invited to be present. The City is allowed the number of days set forth in Paragraph

17 “AWARD OF CONTRACT AND EXECUTION OF AGREEMENT

OR REJECTION OF ALL BIDS” to make a decision in that regard.

6. CERTIFICATES.

6.1 Bids by corporations must be executed in the corporate name by the president, a vice-president, or other duly authorized corporate officer. Such Bid shall be accompanied by evidence of authority to sign, attested by the secretary or assistant secretary, and with the corporate seal affixed. The corporate address and state of incorporation must appear below the signature.

6.2 Bids by partnerships must be executed in the partnership name and be signed by a managing partner, accompanied by evidence of authority to sign, and his/her title must appear under the signature and the official address of the partnership must appear below the signature.

6.3 Bids by joint ventures must be executed in the joint venture name and be signed by a joint venture managing partner, accompanied by evidence of authority to sign, and his/her title must appear under the signature and the official address of the joint venture must appear below the signature.

6.1 6.4 Bids by Limited Liability Companies (LLC) must be executed in the LLC name and signed by at least one Member (for member-managed LLC’s) or the Manager (for manager-managed LLC’s). If the manager of an LLC is a corporation or partnership, the above signature requirements also apply. All LLC’s must provide the operating agreement of the LLC naming the members or the

Digester Cleaning 2026 Project Page A-00100-8 manager(s). The LLC address and state of incorporation must appear below the signature(s).

7. DISQUALIFICATION OF BIDDERS. More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If the City believes that any Bidder is interested in more than one Bid for the Work contemplated, all Bids in which such Bidder is interested will be rejected. If the City believes that collusion exists among the Bidders, all Bids will be rejected. A party who has quoted prices to a Bidder is not hereby disqualified from quoting prices to other Bidders, or from submitting a Bid directly for the Work.

8. QUANTITIES OF WORK. The quantities of Work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of the Work; the CITY does not expressly or by implication agree that the actual amount of Work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price item of the Work by an amount up to and including twenty-five percent (25%) of any Bid item, without a change in the unit price, and shall include the right to delete any Bid item in its entirety, or to add additional Bid items up to and including an aggregate total amount not to exceed twenty-five percent (25%) of the Bid price.

9. SUBSTITUTION OF MATERIALS: All materials are mentioned as standards. Should a Contractor or Bidder desire to substitute materials or methods for those specified, the Contractor or Bidder shall follow the guidelines stated herein, and in accordance with the Public Contract Code Section 3400. Each review of a substitution request by the City or its consultants will be charged to the Contractor or Bidder at an hourly rate of $125/Hour.

Substitutions may only be submitted to the City in writing, and only to the person referenced in Paragraph 3.1 of this section.

Prior to Bid Opening: The Contractor or Bidder must ensure that proposed substitutions of materials by the Bidder are submitted to the City office up to fourteen (14) calendar days prior to the Bid Opening for review and possible approval of any equipment or materials thought to be equal to or better than those specified in the drawings or specifications. No submission of Substitutions will be allowed after the initial fourteen (14) calendar day period prior to Bid Opening except as stated in Article

6.15 of the General Conditions. An Addendum will be issued at a minimum of three (3) calendar days and a maximum of seven (7) calendar days prior to Bid Opening including all equipment and materials deemed equivalent to those specified and approved by the City. Submittals must include comparative spec-data of that specified equipment or material and the proposed substitution. Information submitted of the proposed “or equal” shall be sufficiently detailed as to allow the City to compare every aspect/feature of the proposed substitute. Submittals without such detailed information will be automatically rejected.

10. COMPETENCY OF BIDDERS. In selecting the lowest responsive, responsible Bidder, consideration will be given not only to the financial standing but also to the general

Digester Cleaning 2026 Project Page A-00100-9 competency of the Bidder for the performance of the Work covered by the Bid. To this end, each Bid shall be supported by a statement of the Bidder's experience as of recent date on the form entitled "INFORMATION REQUIRED OF BIDDER" bound herein.

11. BID SECURITY.

11.1 Each bidder must submit with the bid either a properly certified check upon some responsible bank, payable to the City of Escondido, or an approved corporate surety bond payable to the City of Escondido, for a sum of not less than ten percent (10%) of the aggregate sum of the bid, described by an actual dollar value, which check or bond, and the money represented thereby, shall be held by the City as a guarantee that the bidder, if awarded the contract, will in good faith enter into such contract and furnish the required bonds. All bid bonds shall be on the form provided in these specifications.

11.2 In the event the successful bidder fails, neglects, or refuses to enter into the contract to perform the Work, Said check or bond shall be given as a guarantee that the bidder will enter into the contract if awarded the Work, and in case of refusal or failure to enter into said contract, the check or bond, as the case may be, shall be payable to the Owner and retained as liquidated damages.

11.3 A bid received and not accompanied by such certified check or approved bond will be rejected.

12. BONDS.

12.1 The successful bidder will be required to furnish a Labor and Materials Bond simultaneously with the execution of the Agreement in a sum not less than one hundred percent (100%) of the total amount payable by the terms of the contract, and a Faithful Performance Bond in a sum not less than one hundred percent (100%) of the amount of the contract; said bonds shall be secured from a surety company duly licensed and admitted in the State of California, with a minimum rating as described in Article 5 of the General Conditions and with a responsible history satisfactory to the City Attorney. All bonds shall be of the form prescribed by the City, NOT on a bonding company's standard form. Surety companies, to be acceptable to the City, must be authorized to do business in the State of California and must be sufficient as set forth in the California Code of Civil Procedure.

12.2 Bidder may request a payment retention of twenty percent (20%) (ten percent (10%) is standard) in lieu of providing a Labor and Material Bond and Faithful Performance Bond for any bid amount of $25,000.00 or less.

13. INSURANCE REQUIREMENTS. For an explanation of the City’s insurance requirements for this project, please refer to Article 5 of the General Conditions.

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14. DISCREPANCIES IN BIDS. In the event there is more than one Bid item in a Bid Schedule, the Bidder shall furnish a price for all Bid items in the Schedule, and failure to do so will render the Bid non-responsive and shall cause its rejection. In the event there are unit price Bid items in a Bidding schedule and the amount indicated for a unit price Bid item does not equal the product of the unit price and quantity, the unit price shall govern and the amount will be corrected accordingly, and the BIDDER shall be bound by said correction. In the event there is more than one Bid item in a Bid Schedule and the total indicated for the Schedule does not agree with the sum of the prices Bid on the individual items, the prices Bid on the individual items shall govern and the total for the Schedule will be corrected accordingly, and the Bidder shall be bound by said correction.

15. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS. Unauthorized conditions, limitations, or provisos attached to the Bid shall render it informal and may cause its rejection as being non-responsive. The Bid forms shall be completed without interlineations, alterations, or erasures in the printed text. Alternative Bids will not be considered unless called for. Oral, telegraphic, or telephonic Bids or modifications will not be considered.

16. WITHDRAWAL OF BID. The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or its properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Sealed Bids for receipt of Bids prior to the scheduled closing time for receipt of Bids. The withdrawal of a bid does not prejudice the right of a bidder to file a new bid before the bid opening.

17. AWARD OF CONTRACT AND EXECUTION OF AGREEMENT OR REJECTION OF

ALL BIDS.

17.1 Rejection of any or all proposals, to contract work with whomever and in whatever manner, to abandon Work entirely (or in part), and/or to waive any informality in receiving of bids is reserved as the right of the City. Before the contract is awarded, the City may at its sole discretion require from the proposed Contractor further documentation, information and/or data of the reasonable qualifications of such contractor to faithfully, capably, and reasonably perform such proposed contract and may consider such documentation, information and/or data before making its decision on the award of such proposed contract.

17.2 The contract shall be awarded to the lowest responsive and responsible bidder as interpreted by the City and specified herein and shall be entered into by the successful bidder within fifteen (15) days after being notified by the Owner. The award, if made, will be made within ninety (90) days after the opening of proposals, or within twenty (20) days of final resolution of any bid protest(s), whichever is longer. Bids submitted shall remain open for acceptance in accordance with the foregoing sentence. The Contract for the Work will be awarded to the lowest responsive, responsible bidder complying with these instructions and with the "Notice Inviting Sealed Bids." The Escondido City

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Council, however, reserves the right to reject any or all bids, and to waive any informality in the bids received.

17.3 In accordance with Section 5101 of the Public Contract Code a bidder shall not be relieved of the bid except by consent of the Escondido City Council nor shall any change be made in the bid because of mistake, but the bidder may bring an action against the City in a court of competent jurisdiction in North San Diego County for the recovery of the amount forfeited.

17.4 The bidder to whom award is made shall execute the written Agreement with the City and furnish the stipulated bonds, evidence of insurance, and any other required documents (see Paragraphs 4, 12 and 13 of these instructions) within fifteen (15) days after first written notice that the contract has been awarded. The agreement shall be on the form of the "Public Improvement Agreement" attached herein and forming a part of these specifications. Failure to do so as required shall expose the bidder to liability for all damages incurred, including the difference in price (bid) of the next lowest, responsive, responsible bidder, and all costs and attorney’s fees incurred to contract with another, including costs and fees to acquire judicial authorization to do so.

17.5 If the bidder to whom the award is made fails to enter into the contract as herein provided, the award may be nullified and an award may be made to the next lowest responsible bidder; and such bidder shall fulfill every stipulation embraced herein, as if that bidder were the party to whom the first award was made.

17.6 A Corporation to which an award is made shall furnish evidence of its corporate existence and evidence that the officer signing the contract and bonds for the corporate is duly authorized to do so.

17.7 Any proposal which, in the opinion of the City, is so unbalanced between the various contract items as to be detrimental to the interest of the City will be rejected.

18. RETURN OF BID SECURITY. Within fourteen (14) days after award of the contract, the City will, if requested, return the Bid securities accompanying such Bids that are not being considered in making the award. All other Bid securities will be held until the Agreement has been finally executed. They will then be returned, if requested, to the respective Bidders whose Bids they accompany.

19. LIQUIDATED DAMAGES. Provisions for liquidated damages are set forth in the Agreement.

Liquidated damages schedule:

If the project is delayed one (1) calendar day or more, the rate shall be $1,500/day.

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20. STIPULATED PRICES FOR EXTRA WORK. The Bidder’s attention is directed to the General Conditions for stipulated equipment rental rates (State of California Business, Transportation, and Housing Agency – State of California Department of Transportation (‘Caltrans’) Construction Program Labor Surcharge and Equipment Rental Rates), stipulated labor rates (Prevailing wages) and stipulated mark-ups for overhead and profit (General Conditions Article 11).

21. ENCROACHMENT PERMIT. The Work is confined to City-owned property and therefore no encroachment permit will be required.

22. LOCAL BUSINESS LICENSE. All CONTRACTORS, including Subcontractors, not already having a City of Escondido business license for the Work contemplated, will be required to secure the appropriate license before a Contract can be executed.

23. WORKERS' COMPENSATION REQUIREMENT. The Bidder should be aware that in accordance with Section 3700 of the California Labor Code it will, if awarded the Contract, be required to secure the payment of compensation to its employees and execute the Workers' Compensation Certification in the form contained in these Contract Documents.

24. NONCOLLUSION DECLARATION. All proposals must be accompanied by a completed Noncollusion Declaration. The bidder must certify that the Bid is genuine and is not sham or collusive, or made in the interest of or on behalf of any bidder not named in the bid, and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other possible bidder to refrain from bidding, and that the bidder has not in any manner sought by collusion to secure for itself an advantage over any other bidder.

25. PREVAILING WAGES. The Director of the Department of Industrial Relations of the State of California, in the manner provided by law, has ascertained the general prevailing rate of per diem wages and rate for legal holidays and overtime work as set forth in Article IX of the Agreement. The CONTRACTOR must pay for any labor therein described or classified in an amount not less than the rates specified. Copies of the required rates are on file at the City's business office and are available to any interested party on request.

26. FORM OF CONTRACT. The contract which the successful bidder(s) will be required to execute, if awarded the Work, will be in substantially the form attached to these Instructions.

27. FIELD AND HOME OFFICE OVERHEAD. The attention of all Bidders is directed to all provisions of the Project Documents, and specifically, with respect to overhead expenses, Bidders are reminded that they are to include within bids all field and home office overhead expenses to perform work for the entire contract duration, as expressed in the Project Documents. Failure to do so is at Bidder’s risk and the submission of a bid is an acknowledgement that no claim for extended overhead shall be made for any duration between the actual completion date, less than the full contract duration, which may have

Digester Cleaning 2026 Project Page A-00100-13 been able to be achieved if not for the conduct for which the City bears legal responsibility. Bidder may submit a reasonable schedule in which Bidder projects that it will complete the work under the contract in less time than permitted. If Bidder is unable to complete the work within its own projected time period, but completes the work within the contracted-for duration, Bidder waives any possible claim to or right to collect any additional amount for overhead expenses.

28. CITY HALL HOURS. Bidders are advised that City Hall offices are open Monday through Friday, 8:00 a.m. to 5:00 p.m. The calendar is posted online at https://www.escondido.gov/calendar.aspx.

29. BID PROTEST. Bidders must file Bid Protests within four working days of bid opening, prior to close of business on the fourth day. Protests filed after four working days are considered null and void. The City may require one week to elapse between the submission of any bid protest and the City Council meeting at which the award of bid and bid protest are considered.

30. NOT A “GREEN BOOK” PROJECT. This project is not a “Green Book” (Standard Specifications for Public Works Construction) project, however specific sections of the Greenbook are referenced for this project and the Special Provisions provided modify those specific Greenbook sections applicable to this project.

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https://www.escondido.gov/calendar.aspx

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31. INSTRUCTIONS TO BIDDERS REGARDING SUBMISSION OF PROPOSAL.

WARNING: Bid proposals, bid bonds, and other bid documents shall be filled out and submitted at the correct time and place. Failure to follow these Instructions to Bidders, Section A-00100, may be cause for rejection of the bid. This page is intended to assist bidders in the submission of bids.

Documents to be submitted by all bidders:

Title Bid Forms Page Number(s) Check

Box

Bid Proposal and Schedule

A00300-1 through 10

Subcontractors

A00400-1, 2

Information Required of Bidder

(Including SPECIALTY experience as referenced in paragraph “K” of NOTICE

INVITING SEALED BIDS)

A00400-3 through 7

Bidder’s Bond

A00400-8, 9

Non-Collusion Affidavit

A00400-10

Field and Home Office Overhead Acknowledgement

A-00400-11

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32. DOCUMENTS TO BE EXECUTED BY THE BIDDER WHO THE CITY

DETERMINES IS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER.

These documents are to be executed by the bidder ONLY upon notification by the City:

Title Page 1 Public Improvement Agreement A00500 2 Faithful Performance Bond A00610 3 Labor and Material Bond A00620 4 City of Escondido Business License A00630 5 Workers’ Compensation Certificate A00660 6 APCO Permit, Hauling Permit, Storm Water Pollution

Protection Plan Permit, SWPPP/ BMPs, all as indicated in the Supplementary General Conditions

These forms are not included within.

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City of Escondido BID PROPOSAL Digester Cleaning 2026 Project Page A-00300-1

BID PROPOSAL

DIGESTER CLEANING 2026

CITY OF ESCONDIDO, SAN DIEGO COUNTY, CALIFORNIA

The Honorable City Council City of Escondido 201 N. Broadway Escondido, CA 92025-2798

Councilmembers:

The undersigned hereby proposes and agrees to furnish all of the material, labor, equipment, transportation, and services for the construction and completion of the work listed herein, and in strict conformity with the Plans, Specifications, and other contract documents on file at the Office of the City Clerk, Escondido,…