Historical Society Roof Replacement Project.pdf

CONTRACT DOCUMENTS

FOR

Historical Society Roof Replacement Project

City Project No. F25-02

CITY OF SOLEDAD

248 Main Street Soledad, CA 93960

May 1,2025

MEMBERS OF THE CITY COUNCIL

Anna Velazquez Mayor Fernando Ansaldo-Sanchez Mayor Pro Tem Fernando Cabrera Councilmember Ben Caldera Councilmember Evarista Banuelos Councilmember

Megan Hunter - City Manager

Michael Rodriguez - City Attorney Donald Wilcox, P.E. - Director of Public Works

Juan Huerta – Assistant Engineer

For use in conjunction with all California Building Standards Code

LOCATION MAP

City of Soledad i

TABLE OF CONTENTS

Notice Inviting Bids Instructions to Bidders Bid Proposal Subcontractor List Noncollusion Declaration Bid Bond Bidder’s Questionnaire Bidder’s References Contract Payment Bond Performance Bond General Conditions Article 1 - Definitions

Definitions Article 2 - Roles and Responsibilities

2.1 City

2.2 Contractor

2.3 Subcontractors

2.4 Coordination of Work

2.5 Submittals

2.6 Shop Drawings

Article 3 - Contract Documents

3.1 Interpretation of Contract Documents

3.2 Order of Precedence

3.3 Caltrans Standard Specifications

3.4 For Reference Only

3.5 Current Versions

3.6 Conformed Copies

Article 4 - Bonds, Indemnity, and Insurance

4.1 Payment and Performance Bonds

4.2 Indemnity

4.3 Insurance

Article 5 - Contract Time

5.1 Time is of the Essence

5.2 Schedule Requirements

5.3 Delay and Extensions of Contract Time

5.4 Liquidated Damages

Article 6 - Contract Modification

6.1 Contract Modification

6.2 Contractor Change Order Requests

6.3 Adjustments to Contract Price

6.4 Unilateral Change Order

6.5 Non-Compliance Deemed Waiver

Article 7 - General Construction Provisions

7.1 Permits, Fees, Business License, and Taxes

7.2 Temporary Facilities

7.3 Noninterference and Site Management

7.4 Signs

7.5 Project Site and Nearby Property Protections

7.6 Materials and Equipment

7.7 Substitutions

7.8 Testing and Inspection

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7.9 Project Site Conditions and Maintenance

7.10 Instructions and Manuals

7.11 As-built Drawings

7.12 Existing Utilities

7.13 Notice of Excavation

7.14 Trenching and Excavations of Four Feet or More

7.15 Trenching of Five Feet or More

7.16 New Utility Connections

7.17 Lines and Grades

7.18 Historic or Archeological Items

7.19 Environmental Control

7.20 Noise Control

7.21 Mined Materials

Article 8 - Payment

8.1 Schedule of Values

8.2 Progress Payments

8.3 Adjustment of Payment Application

8.4 Early Occupancy

8.5 Retention

8.6 Payment to Subcontractors and Suppliers

8.7 Final Payment

8.8 Release of Claims

8.9 Warranty of Title

Article 9 - Labor Provisions

9.1 Discrimination Prohibited

9.2 Labor Code Requirements

9.3 Prevailing Wages

9.4 Payroll Records

9.5 Labor Compliance

Article 10 - Safety Provisions

10.1 Safety Precautions and Programs

10.2 Hazardous Materials

10.3 Material Safety

10.4 Hazardous Condition

10.5 Emergencies

Article 11 - Completion and Warranty Provisions

11.1 Final Completion

11.2 Warranty

11.3 Use Prior to Final Completion

11.4 Substantial Completion

Article 12 - Dispute Resolution

12.1 Claims

12.2 Claims Submission

12.3 City’s Response

12.4 Meet and Confer

12.5 Mediation and Government Code Claims

12.6 Tort Claims

12.7 Arbitration

12.8 Burden of Proof and Limitations

12.9 Legal Proceedings

12.10 Other Disputes

Article 13 - Suspension and Termination

13.1 Suspension for Cause

13.2 Suspension for Convenience

13.3 Termination for Default

13.4 Termination for Convenience

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13.5 Actions Upon Termination for Default or Convenience

Article 14 - Miscellaneous Provisions

14.1 Assignment of Unfair Business Practice Claims

14.2 Provisions Deemed Inserted

14.3 Waiver

14.4 Titles, Headings, and Groupings

14.5 Statutory and Regulatory References

14.6 Survival

Scope of Work…………………………………………………………………………..81

City Hall Roof Repair 2024 Form NOTICE INVITING BIDS F06-25 Page 1

Notice Inviting Bids

1. Bid Submission. City of Soledad (“City”) will accept bids for its Historical Society Roof

Repair Project (“Project”), by or before May 22, 2025, at 2:00 p.m., via electronic submission on PlanetBids, the City’s bid platform, in the manner set forth in Section 1 of the Instructions to Bidders, at which time bids will be opened by the City. The bid results will be posted on PlanetBids immediately thereafter.

2. Project Information.

2.1 Location and Description. The Project is located at 137 Soledad St, Soledad,CA, 9396 and is described as follows:

Work associated with the base bid includes the repair and/or replacement of the existing roofing system and appurtenances at the City of Soledad’s Historical Society building.

2.2 Time for Final Completion. The Project must be fully completed within 60 calendar days from the start date set forth in the Notice to Proceed. City anticipates that the Work will begin on or about June 1,2026 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):C 39 Roofing Contractor License,

3.2 DIR Registration. City may not accept a Bid Proposal 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 forms and contract documents for the

Project, and any Addenda thereto (“Contract Documents”) may be downloaded from City’s website located at: https://www.cityofsoledad.com/rfqs-rfps-bids/.

5. Bidders’ Conference. A bidders’ conference will not be held

6. Bid Security. The Bid Proposal must be accompanied by bid security of 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. The bid security must guarantee that within ten days after City issues the Notice of Potential Award, the successful bidder will execute the Contract and submit the payment and performance bonds, insurance certificates and endorsements, valid Certificates of Reported Compliance as required under the California Air Resources Board’s In-Use Off-Road Diesel-Fueled Fleets Regulation (13 CCR § 2449 et seq.) (“Off-Road Regulation”), if applicable, and any other submittals required by the Contract Documents and as specified in the Notice of Potential Award.

7. Prevailing Wage Requirements.

7.1 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

City Hall Roof Repair 2024 Form NOTICE INVITING BIDS F06-25 Page 2 the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes.

7.2 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.

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

8. 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.

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

10. 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 Proposal, 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.

11. Instructions to Bidders. All bidders should carefully review the Instructions to Bidders for more detailed information before submitting a Bid Proposal. 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.

12. Estimated Cost. The estimated construction cost is $60,000.

By: ___________________________________ Date: ________________

<_________________________,> City Clerk

Publication Date: <___________________>

END OF NOTICE INVITING BIDS

Historical Society Roof Replacement 2026 Form BID SCHEDULE F25-02 Page 3

Instructions to Bidders

Each Bid Proposal submitted to the City of Soledad (“City”) for its Historical Society Roof Replacement(“Project”) must be submitted in accordance with the following instructions and requirements:

1. Bid Submission.

1.1 General. Each Bid Proposal must be completed, using the form provided in the Contract Documents, signed, and submitted to City electronically via Planetbids.com, 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. Faxed, hand-delivered, mailed, or emailed Bid Proposals 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 DIR Registration. Subject to limited legal exceptions for joint venture bids and federally-funded projects, City may not accept a Bid Proposal 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 Proposal Form and Enclosures. Each Bid Proposal must be completed legibly using the Bid

Proposal form included with the Contract Documents. The Bid Proposal 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 Proposal submitted with exceptions or terms such as “negotiable,” “will negotiate,” or similar, will be considered nonresponsive. Each Bid Proposal must be accompanied by bid security, as set forth in Section 4 below, and by a completed Subcontractor List and Non-Collusion Declaration using the forms included with the Contract Documents, and any other required enclosures, as applicable.

3. Authorization and Execution. Each Bid Proposal must be signed by the bidder’s authorized representative. A Bid Proposal submitted by a partnership must be signed in the partnership name by a general partner with authority to bind the partnership. A Bid Proposal 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 Proposal, under California Corporations Code § 313.

4. Bid Security. Each Bid Proposal must be accompanied 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. A copy of the cashier’s or certified check must be uploaded to the PlanetBids procurement site. The bid security must guarantee that, within ten days after issuance of the Notice of Potential 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; submit the insurance certificates and endorsements; and submit valid Certificates of Reported Compliance as required by the Off-Road Regulation, if applicable, and any other submittals, if any, required by the Contract Documents or the Notice of Potential Award. A Bid Proposal may not be withdrawn for a period of 60 days after the bid opening without forfeiture of the bid security, except as authorized for material error under Public Contract Code § 5100 et seq.

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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 via Planetbids no later than 2 p.m. on May 15,2026. 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 opening. 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. The RFI format is as follows:

5.1 RFIs shall be numbered sequentially

5.2 Each RFI shall be limited to one subject

5.3 An RFI should be submitted if any one of the following occur:

Bidder discovers an apparent conflict or discrepancy between portions of the Contract Documents

Bidder discovers what appears to be an omission from the Contract Documents

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 Proposal. 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 is responsible for review of 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 opening. (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

F25-02 Page 5 are directed to contact the affected third party utility owners about their requirements before submitting a Bid Proposal.

7. Bidders Interested in More Than One Bid. No person, firm, or corporation may submit or be a party to more than one Bid Proposal 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 opening 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 City’s website periodically for any addenda or updates on the Project at: https://www.cityofsoledad.com/rfqs-rfps-bids/.

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 Potential 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

City at City Hall, 248 Main Street, Soledad, California 93960 or sent via email at dwilcox@cityofsoledad.com before 5:00 p.m. no later than two Working Days following bid opening (“Bid Protest Deadline”) and must comply with the following requirements:

10.1 General. Only a bidder who has actually submitted a Bid Proposal 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.

Pursuant to Public Contract Code § 4104, inadvertent omission of a Subcontractor’s DIR registration number on the Subcontractor List form is not grounds for a bid protest, provided it is corrected within 24 hours of the bid opening or as otherwise provided under Labor Code § 1771.1(b).

10.2 Protest Contents. The bid protest must contain a complete statement of the basis for the protest and must include all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the protesting bidder and any person submitting the protest on behalf of or as an authorized representative of the protesting bidder.

10.3 Copy to Protested Bidder. Upon submission of its bid protest to City, the protesting bidder must also concurrently transmit the protest and all supporting documents to the protested bidder, and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest, by email or hand delivery to ensure delivery before the Bid Protest Deadline.

10.4 Response to Protest. The protested bidder may submit a written response to the protest, provided the response is received by City before 5:00 p.m., within two Working Days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must attach all supporting documentation. Material

F25-02 Page 6 submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person responding on behalf of or representing the protested bidder if different from the protested bidder.

10.5 Copy to Protesting Bidder. Upon submission of its response to the bid protest to the City, the protested bidder must also concurrently transmit by email or hand delivery, by or before the Response Deadline, a copy of its response and all supporting documents to the protesting bidder and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest.

10.6 Exclusive Remedy. The procedure and time limits set forth in this Section are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest. A bidder’s failure to comply with these procedures will constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings.

10.7 Right to Award. City reserves the right, acting in its sole discretion, to reject any bid protest that it determines lacks merit, to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a Notice to Proceed with the Work notwithstanding any pending or continuing challenge to its determination.

11. Reservation of Rights. City reserves the unfettered right, acting in its sole discretion, to waive or to decline to waive any immaterial bid irregularities; to accept or reject any or all bids; to cancel or reschedule the bid; to postpone or abandon the Project entirely; or to perform all or part of the Work with its own forces. The Contract will be awarded, if at all, within 60 days after opening of bids or as otherwise specified in the Special Conditions, to the responsible bidder that submitted the lowest responsive bid. Any planned start date for the Project represents the City’s expectations at the time the Notice Inviting Bids was first issued. City is not bound to issue a Notice to Proceed by or before such planned start date, and it reserves the right to issue the Notice to Proceed when the City determines, in its sole discretion, the appropriate time for commencing the Work. The City expressly disclaims responsibility for any assumptions a bidder might draw from the presence or absence of information provided by the City in any form. Each bidder is solely responsible for its costs to prepare and submit a bid, including site investigation costs.

12. Bonds. Within ten calendar days following City’s issuance of the Notice of Potential Award to the successful bidder, the bidder must submit payment and performance bonds to City as specified in the Contract Documents using the bond forms included in the Contract Documents. All required bonds must be calculated on the maximum total Contract Price as awarded, including additive alternates, if applicable.

13. License(s). The successful bidder and its Subcontractor(s) must possess the California contractor’s license(s) in the classification(s) required by law to perform the Work. The successful bidder must also obtain a City business license within 10 days following City’s issuance of the Notice of Potential Award. Subcontractors must also obtain a City business license before performing any Work.

14. Ineligible Subcontractor. Any Subcontractor who is ineligible to perform work on a public works project under Labor Code §§ 1777.1 or 1777.7 is prohibited from performing work on the Project.

15. Safety Orders. 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, each bid must include a bid item for adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which comply with safety orders as required by Labor Code § 6707.

16. 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

F25-02 Page 7 et seq.) (“Off-Road Regulation”), then within ten calendar days following City’s issuance of the Notice of Potential Award to the successful bidder, the bidder must submit to City valid Certificates of Reported Compliance for its fleet and its listed Subcontractors, if applicable, in accordance with the Off-Road Regulation, unless exempt under the Off-Road Regulation.

17. Subcontractor Work Limits. The prime contractor must perform at least 30% of the Work on the

Project, calculated as a percentage of the base bid price, with its own forces, except for any Work identified as “Specialty Work” in the Contract Documents. The total bid amount for any such Specialty Work, as shown on the Bid Schedule, may be deducted from the base bid price before computing the 30% self-performance requirement. The remaining Work may be performed by qualified Subcontractor(s).

18. Bid Schedule. Each bidder must complete the Bid Schedule form with unit prices as indicated, and submit the completed Bid Schedule with its Bid Proposal.

18.1 Incorrect Totals. In the event a computational error for any bid item (base bid or alternate) results in an incorrect extended total for that item, the submitted base bid or bid alternate total will be adjusted to reflect the corrected amount as the product of the estimated quantity and the unit cost. In the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid, and the amount entered as the base bid on the Bid Proposal form, the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid will be deemed the base bid price. Likewise, in the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for any bid alternate, and the amount entered for the alternate on the Bid Proposal form, the actual total of the itemized prices shown on the Bid Schedule for that alternate will be deemed the alternate price. Nothing in this provision is intended to prevent a bidder from requesting to withdraw its bid for material error under Public Contract Code § 5100 et seq.

18.2 Estimated Quantities. Unless identified as a “Final Pay Quantity,” the quantities shown on the Bid Schedule are estimated and the actual quantities required to perform the Work may be greater or less than the estimated amount. The Contract Price will be adjusted to reflect the actual quantities required for the Work based on the itemized or unit prices provided in the Bid Schedule, with no allowance for anticipated profit for quantities that are deleted or decreased, and no increase in the unit price, and without regard to the percentage increase or decrease of the estimated quantity and the actual quantity.

19. Bidder’s Questionnaire. A completed, signed Bidder’s Questionnaire using the form provided with the Contract Documents and including all required attachments must be submitted within 48 hours following a request by City. A bid that does not fully comply with this requirement may be rejected as nonresponsive. A bidder who submits a Bidder’s Questionnaire which is subsequently determined to contain false or misleading information, or material omissions, may be disqualified as non-responsible.

20. Bidder’s References. A completed Reference Form, using the form provided with the Contract

Documents, must be submitted with the Bid Proposal. A bid that does not fully comply with this requirement may be rejected as nonresponsive. A bidder who submits a Reference Form which is subsequently determined to contain false or misleading information, or material omissions, may be disqualified as non-responsible.

END OF INSTRUCTIONS TO BIDDERS

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__. Additive and Deductive Alternates. As required by Public Contract Code § 20103.8, if this bid solicitation includes additive or deductive items, the method checked below will be used to determine the lowest bid. If no method is checked, subparagraph (A) will be used to determine the lowest bid. City retains the right to add to or deduct from the Contract any of the additive or deductive alternates included in the Bid Proposal.

_____ (A) The lowest bid will be the lowest bid price on the base contract without consideration of the prices on the additive or deductive items.

F25-02 Page 9

Bid Proposal

Historical Society Roof Replacement Project

______________________________________________________ (“Bidder”) hereby submits this Bid Proposal to the City of Soledad (“City”) for the above-referenced project (“Project”) in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced in the Notice.

1. Base Bid. Bidder proposes to perform and fully complete the Work for the Project as specified in the Contract Documents, within the time required for full completion of the Work, including all labor, materials, supplies, and equipment and all other direct or indirect costs including, but not limited to, taxes, insurance and all overhead, for the following price (“Base Bid”):

2. Bid Alternates. Bidder submits the following prices for the specified bid alternates:

NONE

3. Bidder’s DIR Registration Number. Bidder must provide its registration number with the DIR in the space provided below. The bid may be deemed non-responsive if the registration number is missing.

DIR Reg. No. ________________________________________________________________

4. Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this bid. Bidder waives any claims it might have against the City based on its failure to receive, access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following addenda:

Addendum: Date Received: Addendum: Date Received:

#01 _____________ #05 _____________

#02 _____________ #06 _____________ #03 _____________ #07 _____________ #04 _____________ #08 _____________

5. Bidder’s Certifications and Warranties. By signing and submitting this Bid Proposal, Bidder certifies and warrants the following:

5.1 Examination of Contract Documents. Bidder has thoroughly examined the Contract

Documents and represents that, to the best of Bidder’s knowledge, there are no errors, omissions, or discrepancies in the Contract Documents, subject to the limitations of Public Contract Code § 1104.

5.2 Examination of Worksite. Bidder has had the opportunity to examine the Worksite and local conditions at the Project location.

5.3 Bidder Responsibility. Bidder is a responsible bidder, with the necessary ability, capacity, experience, skill, qualifications, workforce, equipment, and resources to perform or cause the Work to be performed in accordance with the Contract Documents and within the Contract Time.

5.4 Responsibility for Bid. Bidder has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions contained in its completed bid. All statements and

F25-02 Page 10 information provided in this Bid Proposal and enclosures are true and correct to the best of Bidder’s knowledge.

5.5 Nondiscrimination. In preparing this bid, the Bidder has not engaged in discrimination against any prospective or present employee or Subcontractor on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status.

5.6 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Bidder is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

6. Award of Contract. By signing and submitting this Bid Proposal, Bidder agrees that, if City issues the Notice of Potential Award to Bidder, then within ten days following issuance of the Notice of Potential Award to Bidder, Bidder will do all of the following:

6.1 Execute Contract. Enter into the Contract with City in accordance with the terms of this Bid

Proposal, by signing and submitting to City the Contract prepared by City using the form included with the Contract Documents;

6.2 Submit Required Bonds. Submit to City a payment bond and a performance bond, each for

100% of the Contract Price, using the bond forms provided and in accordance with the requirements of the Contract Documents;

6.3 Insurance Requirements. Submit to City the insurance certificate(s) and endorsement(s) as required by the Contract Documents; and

6.4 Certificates of Reported Compliance. Submit to City valid Certificates of Reported

Compliance for its fleet and its listed Subcontractors, if applicable, if the Project involves the use of vehicles subject to the Off-Road Regulation. (See Section 16 of the Instructions to Bidders.)

7. Bid Security. As a guarantee that, if awarded the Contract, Bidder will perform its obligations under Section 5 above, Bidder is enclosing bid security in the amount of ten percent of its maximum bid amount in one of the following forms (check one):

____ A cashier’s check or certified check payable to City and issued by

_______________________________ [Bank name] in the amount of

____ A bid bond, using the Bid Bond form included with the Contract Documents, payable to

City and executed by a surety licensed to do business in the State of California.

This Bid Proposal is hereby submitted on _________________________, 20__.

s/ ___________________________________ ______________________________________

Name and Title s/ ___________________________________ ______________________________________ [See Section 3 of Instructions to Bidders] Name and Title

Company Name License #, Expiration Date, and Classification

F25-02 Page 11

Address DIR Registration #

City, State, Zip Phone

Contact Name Contact Email

END OF BID PROPOSAL

F25-02 Page 12

Bid Schedule This Bid Schedule must be completed in ink and included with the sealed Bid Proposal. Pricing must be provided for each Bid Item as indicated. Items marked “(SW)” are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the “Extended Total Amount” column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form.

AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs)

BID

ITEM

NO.

ITEM DESCRIPTION EST. QTY. UNIT

UNIT

COST

EXTENDED

TOTAL AMOUNT

1 Mobilization 1 LS $ $

2 Roof Inspection 1 LS $ $

3 Remove Damaged/Existing Roof 3600 SF $ $

Install new TPO System (Minimum 60 Mil, heat welded) 3600 SF

TPO Flashing Repair at Pipes, Vents and Penetrations 4 EA

6 Roof Drain Repair 4 EA $ $

Unit Price-Replace Wood Roof Decking 800 SF

8 Unit Price-Replace Blocking/Nailers 800 SF $ $

9 Repair/Replace Roof Eaves 65 LF $ $

10 Replace Gutter 65 LF $ $

TOTAL BASE BID: Items 1 through 10____ inclusive:

Note: The amount entered as the “Total Base Bid” should be identical to the Base Bid amount entered in Section 1 of the Bid Proposal form.

BIDDER NAME: ________________________________________________________________

END OF BID SCHEDULE

<Project Title> 2024 Form SUBCONTRACTOR LIST <Project Number> Page 13

Subcontractor List

For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1% of the Bidder’s total Base Bid,1 the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price.

DESCRIPTION

OF WORK

SUBCONTRACTOR

NAME

CALIFORNIA

CONTRACTOR

LICENSE NO.

LOCATION OF

BUSINESS

DIR REG. NO. PERCENT

OF

WORK

END OF SUBCONTRACTOR LIST

1 For street or highway construction, this requirement applies to any subcontract of $10,000 or more.

<Project Title> 2024 Form NONCOLLUSION DECLARATION <Project Number> Page 14

Noncollusion Declaration

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

The undersigned declares:

I am the __________________________ [title] of _____________________________________ [business name], the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.

The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.C § 112.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______________ [date], at __________________________________ [city], _______ [state].

s/________________________________________

Name [print]

END OF NONCOLLUSION DECLARATION

<Project Title> 2024 Form BID BOND <Project Number> Page 15

Bid Bond

________________________________________________________ (“Bidder”) has submitted a bid, dated ___________________________, 20______ (“Bid”), to City of Soledad (“City”) for work on the Historical Society Roof Replacement Project (“Project”). Under this duly executed bid bond (“Bid Bond”), Bidder as Principal and ______________________________, its surety (“Surety”), are bound to City as obligee in the penal sum of ten percent of the maximum amount of the Bid (the “Bond Sum”). Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as follows:

1. General. If Bidder is awarded the Contract for the Project, Bidder will enter into the

Contract with City in accordance with the terms of the Bid.

2. Submittals. Within ten days following issuance of the Notice of Potential Award to Bidder, Bidder must submit to City the following:

2.1 Contract. The executed Contract, using the form provided by City in the Project contract documents (“Contract Documents”);

2.2 Payment Bond. A payment bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Payment Bond form included with the Contract Documents;

2.3 Performance Bond. A performance bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Performance Bond form included with the Contract Documents;

2.4 Insurance. The insurance certificate(s) and endorsement(s) required by the

Contract Documents;

2.5 Certificates of Reported Compliance. Valid Certificates of Reported Compliance for its fleet and its listed Subcontractors, if applicable, in accordance with the In-Use Off-Road Diesel-Fueled Fleets Regulation (13 CCR § 2449 et seq.) (“Off-Road Regulation”), if the Project involves the use of vehicles subject to the Off-Road Regulation; and any other documents required by the Instructions to Bidders or Notice of Potential Award.

3. Enforcement. If Bidder fails to execute the Contract or to submit the bonds, insurance certificates, and valid Certificates of Reported Compliance as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond Sum to City. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:

Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________

4. Duration and Waiver. If Bidder fulfills its obligations under Section 2, above, then this obligation will be null and void; otherwise, it will remain in full force and effect for 60 days following the bid opening or until this Bid Bond is returned to Bidder, whichever occurs first.

Surety waives the provisions of Civil Code §§ 2819 and 2845.

<Project Title> 2024 Form BID BOND <Project Number> Page 16

This Bid Bond is entered into and effective on ___________________, 20_____.

SURETY:

Business Name s/__________________________________ ______________________________ Date

Name, Title

(Attach Acknowledgment with Notary Seal and Power of Attorney)

BIDDER:

Business Name s/__________________________________ ______________________________ Date

END OF BID BOND

<Project Title> 2024 Form BIDDER’S QUESTIONAIRE <Project Number> Page 17

Bidder’s Questionnaire

HISTORICAL SOCIETY ROOF REPLACEMENT PROJECT

Within 48 hours following a request by City, a bidder must submit to City a completed, signed Bidder’s Questionnaire using this form and all required attachments, including clearly labeled additional sheets as needed. City may request the Questionnaire from one or more of the apparent low bidders following the bid opening, and may use the completed Questionnaire as part of its investigation to evaluate a bidder’s qualifications for this Project. The Questionnaire must be filled out completely, accurately, and legibly. Any errors, omissions, or misrepresentations in completion of the Questionnaire may be grounds for rejection of the bid or termination of a Contract awarded pursuant to the bid.

Part A: General Information

Bidder Business Name: _______________________________________________ (“Bidder”)

Check One: ___ Corporation (State of incorporation: ___________________) ___ Partnership ___ Sole Proprietorship

___ Joint Venture of: __________________________________ ___ Other: ___________________________________________

Main Office Address and Phone: ______________________________________

Local Office Address and Phone: _____________________________________

Website Address: __________________________________________________

Owner of Business: ________________________________________________

Contact Name and Title: _____________________________________________

Contact Phone and Email: ___________________________________________

Bidder’s California Contractor’s License Number(s): _______________________

Bidder’s DIR Registration Number: ____________________________________

Part B: Bidder Experience

1. How many years has Bidder been in business under its present business name? ____ years

2. Has Bidder completed projects similar in type and size to this Project as a general contractor?

_____ Yes _____ No

3. Has Bidder ever been disqualified from a bid on grounds that it is not responsible, or otherwise disqualified or debarred from bidding under state or federal law?

_____ Yes _____ No

If yes, provide additional information on a separate sheet regarding the disqualification or debarment, including the name and address of the agency or owner of the project, the type and

<Project Number> Page 18 size of the project, the reasons that Bidder was disqualified or debarred, and the month and year in which the disqualification or debarment occurred.

4. Has Bidder ever been terminated for cause, alleged default, or legal violation from a construction project, either as a general contractor or as a subcontractor?

_____ Yes _____ No

If yes, provide additional information on a separate sheet regarding the termination, including the name and address of the agency or owner of the subject project, the type and size of the project, whether Bidder was under contract as a general contractor or a subcontractor, the reasons that Bidder was terminated, and the month and year in which the termination occurred.

5. Provide information about Bidder’s past projects performed as general contractor as follows:

5.1 Six most recently completed public works projects within the last three years;

5.2 Three largest completed projects within the last three years; and

5.3 Any project which is similar to this Project including scope and character of the work.

6. Use separate sheets to provide all of the following information for each project identified in response to the above three categories:

6.1 Project name, location, and description;

6.2 Owner (name, address, email, and phone number);

6.3 Prime contractor, if applicable (name, address, email, and phone number);

6.4 Architect or engineer (name, email, and phone number);

6.5 Project and/or construction manager (name, email, and phone number);

6.6 Scope of work performed (as general contractor or as subcontractor);

6.7 Initial contract price and final contract price (including change orders);

6.8 Original scheduled completion date and actual date of completion;

6.9 Time extensions granted (number of days);

6.10 Number and amount of stop notices or mechanic’s liens filed;

6.11 Amount of any liquidated damages assessed against Bidder; and

6.12 Nature and resolution of any project-related claim, lawsuit, mediation, or arbitration involving Bidder.

Part C: Safety

1. Provide Bidder’s Experience Modification Rate (EMR) for the last three years:

Year EMR

2. Complete the following, based on information provided in Bidder’s CalOSHA Form 300 or Form 300A, Annual Summary of Work-Related Illnesses and Injuries, from the most recent past calendar year:

2.1 Number of lost workday cases: ____

2.2 Number of medical treatment cases: ____

2.3 Number of deaths: ____

<Project Number> Page 19

3. Has Bidder ever been cited, fined, or prosecuted by any local, state, or federal agency, including OSHA, CalOSHA, or EPA, for violation of any law, regulation, or requirements pertaining to health and safety?

_____ Yes _____ No

If yes, provide additional information on a separate sheet regarding each such citation, fine, or prosecution, including the name and address of the agency or owner of the project, the type and size of the project, the reasons for and nature of the citation, fine, or prosecution, and the month and year in which the incident giving rise to the citation, fine, or prosecution occurred.

4. Name, title, and email for person responsible for Bidder’s safety program:

Name Title Email

Part D: Verification

In signing this document, I, the undersigned, declare that I am duly authorized to sign and submit this Bidder’s Questionnaire on behalf of the named Bidder, and that all responses and information set forth in this Bidder’s Questionnaire and accompanying attachments are, to the best of my knowledge, true, accurate and complete as of the date of submission. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Signature: ______________________________ Date: ________________

By: _______________________________________________________________ Name and Title

END OF BIDDER’S QUESTIONNAIRE

<Project Title> 2024 Form BIDDER’S REFERENCE <Project Number> Page 20

Bidder’s References

(TO BE INCLUDED WITH BID)

The following are the names, addresses, and telephone numbers for three public agencies and/or private sector firms for which Bidder has completed similar work within the past 5 years:

1.

Name and Address of Owner

Name and telephone number of person familiar with project

Contract Amount Type of Work Date completed

2.

3.

<Project Title> 2024 Form CONTRACT <Project Number> Page 21

Contract

This public works contract (“Contract”) is entered…