MI_2646_Secondary_Clarifier_3_Drive_Replacement_Specifications_052026.pdf

PUBLIC WORKS DEPARTMENT

2100 Thousand Oaks Boulevard

Thousand Oaks, CA 91362

NOTICE TO BIDDERS, BID, CONTRACT,

GENERAL CONDITIONS AND SPECIFICATIONS

For

SECONDARY CLARIFIER 3 DRIVE

REPLACEMENT PROJECT

MI 2646

Specification No.: 2025/2026-40

MAY 2026

Nader Heydari, PE, CCM – Public Works Director Ted Gerber, PE, – City Engineer

THIS PAGE INTENTIONALLY LEFT BLANK

City Project No(s).: MI 2646 The Specifications contained herein have been prepared by, or under the direct supervision of, the following Registered Professional Engineer:

REGISTERED CIVIL ENGINEER

JON TURNER, P.E.

APPROVED PER T.O.M.C. 3-10.303 or as directed by City Council

H. TED GERBER – CITY ENGINEER

TABLE OF CONTENTS

Page

-i-

NOTICE INVITING BIDS

INSTRUCTIONS TO BIDDERS

1) BIDDERS CHECKLIST

2) BID SCHEDULE

3) CONTRACTOR’S CERTIFICATE REGARDING WORKERS’

COMPENSATION

4) BID BOND

5) DESIGNATION OF SUBCONTRACTORS

6) INFORMATION REQUIRED OF BIDDERS

7) NON-COLLUSION DECLARATION

8) IRAN CONTRACTING ACT CERTIFICATION

9) PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION

10) CALIFORNIA AIR RESOURCES BOARD (CARB)

CONTRACT FOR CONSTRUCTION

PERFORMANCE BOND

PAYMENT BOND (LABOR AND MATERIALS)

GENERAL CONDITIONS

SPECIAL CONDITIONS

CONTRACT FORMS

NOTICE OF INTENDED AWARD

NOTICE OF AWARD

NOTICE TO PROCEED

WORK DIRECTIVE

CHANGE ORDER

COST PROPOSAL BREAKDOWN SUMMARY

REQUEST FOR INFORMATION (RFI)

SUBMITTAL TRANSMITTAL SHEET

NOTICE OF COMPLETION

TECHNICAL SPECIFICATIONS

01 11 00 – Summary of Work 01 12 20 – Construction Constrained Sequence of Work 01 22 00 – Measurement and Payment

01 31 13 – Coordination 01 31 19 – Project Meetings 01 32 19 – Contractor Submittals 01 42 19 – Reference Standards 01 45 00 – Quality Control 01 51 00 – Temporary Utilities 01 55 00 – Site Access and Parking 01 56 00 – Temporary Environmental Controls 01 60 00 – Materials and Equipment 01 65 00 – Delivery, Storage, and Handling 01 71 19 – Site Safety Plan 01 71 33 – Protection of Existing Facilities 01 75 00 – Clarifier Equipment Installation, Testing and Startup 01 77 00 – Project Closeout

APPENDICES

A. PLANS AND DRAWINGS

B. WESTECH MODEL 8050 DRIVE UNIT OPERATIONS AND

MAINTENANCE MANUAL

NOTICE INVITING BIDS

SECONDARY CLARIFIER 3 DRIVE REPLACEMENT PROJECT

CITY PROJECT No. MI 2646; SPECIFICATION No. 2025/2026-40

The City of Thousand Oaks (“City”) will receive sealed bids, electronically, for the Secondary Clarifier 3 Drive Replacement Project, City Project No. MI 2646;

Specification No. 2025/2026-40, at the following web address:

https://procurement.opengov.com/portal/toaks no later than Wednesday, June 24, 2026, at 3:30 p.m. at which time or thereafter bids will be opened and read aloud. All associated documents, including bonding information, shall be submitted electronically through this website. Confirmation of a bidder’s successful submission of the documents will be provided. Paper bids will not be accepted. Bids cannot be uploaded or considered after this time. Bidders should be aware that uploading of the bid and associated documents may take some time, and bidders are responsible to ensure that their bid and all supporting documentation are submitted and completed prior to the deadline. Bids shall be valid for sixty (60) calendar days after the bid opening date. Bids must be submitted on the City’s Bid Forms.

Bids shall be opened and read aloud on Wednesday, June 24, 2026, at 3:30 p.m.

Bidders may attend the opening and reading of the bids virtually. Information on how to attend the opening and reading shall be provided to prospective bidders via the procurement portal, https://procurement.opengov.com/portal/toaks.

The work consists of furnishing all labor, materials, tools, equipment, and incidentals as required by the plans (Drawing Number 26-12A; Sheets 1-4) Specifications, and Contract Documents. The general items of work include removal of an existing non-functional Westech clarifier drive unit (mechanical and electrical disconnections), installation of a City provided replacement Westech Model 8050 drive unit, reinstallation of the aerial walkway, replacement drive electrical connections, startup and testing.

The Project is located at the Hill Canyon Treatment Plant, 9600 Santa Rosa Road, Camarillo, CA 93012.

Bidders are required to electronically register with the City prior to downloading the Contract Documents. Registration shall be done at the following web address:

https://procurement.opengov.com/portal/toaks

When registering, use the NIGP Code(s): 89000, 91200, 91300, 92900, 93600, 96800.

Prospective bidders may view summary information about solicitations but must be registered at this site and logged in to download the Contract Documents. The Contract https://procurement.opengov.com/portal/toaks

Documents may be downloaded at no charge. Registration information will be used to notify prospective bidders via e-mail of addenda to the Contract Documents and will be the sole means of providing such notification.

Bid and Contract Documents may be downloaded free of charge at https://procurement.opengov.com/portal/toaks.

To the extent required by Section 20103.7 of the Public Contract Code, upon request, the City shall provide an electronic copy of the Contract Documents at no charge to a contractor plan room service. Prospective bidders who obtain a copy through a plan room, or by other means, must still electronically register with the City in order to receive any addenda to the Bid or Contract Documents.

Pursuant to Public Contract Code section 20170, all bids must be accompanied by a bid security in one of the following forms: an electronic bid bond via Surety2000 at https://surety2000.com/, or one of the following forms of bid security to be delivered to the City Clerk Department at City Hall before the bid submission date: an original hard copy bid bond on the form included in the Contract Documents, a certified or cashier’s check made payable to the City, or cash, in an amount not less than ten percent (10%) of the submitted Total Bid Price. PDF copies of a hard copy bid bond will not be accepted.

Prospective bidders intending to submit a bid accompanied by a bid security other than an electronic bid bond must ensure the original document or other form of bid security is received by the City Clerk Department at City Hall before the bid submission deadline.

Failure to provide required bid security shall cause the bid to be deemed incomplete and therefore nonresponsive.

A MANDATORY Pre-Bid Conference and Site Walk will be held at Hill Canyon Treatment Plant on the following date and time: Wednesday, June 3, 2026, at 10:00 a.m.

Prospective bidders MAY NOT visit the Site without making arrangements through the Project Manager. If the Pre-Bid Conference is mandatory, any contractor who fails to attend the Conference will be ineligible to bid on the Project and any submitted bid will be deemed non-responsive.

The successful bidder will be required to furnish the City with requisite insurance and Payment and Performance Bonds in an amount equal to 100% of the Contract Price and on the forms included in the contract documents, as outlined in the Instructions to Bidders.

Pursuant to Public Contract Code Section 22300, the successful bidder may substitute certain securities for funds withheld by City to ensure its performance under the Contract.

Pursuant to Section 1770, et seq. of the California Labor Code, the Contractor and all subcontractors shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations and comply with all applicable Labor Code provisions, which include, but are not limited to the https://surety2000.com/ employment of apprentices, the hours of labor and the debarment of contractors and subcontractors.

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the bidder’s and subcontractors’ current registration with the Department of Industrial Relations. Within three working days of the bid opening, the bidder shall submit a valid DIR number. Failure to do so will deem the bid non-responsive. This Project will be subject to compliance monitoring and enforcement by the Department of Industrial Relations. If awarded a Contract, the Bidder and its subcontractors of every tier shall maintain active registration with the Department of Industrial Relations for the duration of the Project. It shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements.

This project is subject to the amendments in Sections 2449, 2449.1, and 2449.2, Title 13, California Code of Regulations for any construction activity starting January 1, 2024, involving the use of off-road diesel-fueled vehicles. The Bidder must provide evidence of their valid California Air Resources Board Certificate of Reported Compliance (Certificate) for their fleets as well as any rental fleet equipment and for all subcontractors listed in the Bid Package. All CARB Certificates must be obtained and valid at the time of bid opening and must be submitted with the bid package or within three working days after the bid opening. No bid will be accepted without verification of the contractor and subcontractors CARB compliance numbers, nor any contract entered into without proof of the contractor’s and subcontractors’ Certificates being valid and current at the time of bid opening, unless the contractor confirms that no equipment subject to the regulation will be used to execute the contract work. Failure to comply may result in the bid to be found non-responsive, and the bid bond forfeited. For additional information regarding CARB requirements, please visit: ww2.arb.ca.gov/resources/fact-sheets/fact-sheet-contracting-requirements.

Each bidder shall be a licensed contractor pursuant to the California Business and Professions Code and shall be licensed in the following classification(s) of contractor’s license(s), throughout the duration of the Contract: Class A

The successful bidder will be required to complete all work within 60 calendar days from the commencement date stated in the Notice to Proceed. In accordance with Government Code section 53069.85, City will be compensated for damages incurred due to delays for which the Contractor is responsible. The parties agree that determining City’s exact delay damages is and will continue to be impracticable and extremely difficult. As such, for each calendar day in excess of the time agreed upon for completion of the work, the Contractor shall pay to the City $1,500 per day, as liquidated damages and not as a penalty or forfeiture. Such amount shall constitute the only payment allowed for damages resulting from Contractor caused delays. The City shall have the right to deduct the amount of liquidated damages from any money due or that may become due under the Contract.

https://ww2.arb.ca.gov/resources/fact-sheets/fact-sheet-contracting-requirements

Consistent with Public Contract Code Section 7102, Contractor will be compensated for damages incurred due to delays for which the City is responsible. The parties agree that determining Contractor’s exact delay damages is and will continue to be impracticable and extremely difficult. As such, for each calendar day in excess of the time agreed upon for completion of the work, the City shall pay to the Contractor $1,500 per day, as reverse liquidated damages and not as a penalty or forfeiture. Such amount shall constitute the only payment allowed for any City caused delays and shall necessarily include all overhead, all profits, all administrative costs, all bond costs, all labor, materials, equipment and rental costs and any other costs, expenses and fees incurred or sustained as a result of such delays. Notice of requests for delay damages and additional days shall be provided to the City within seven (7) days from the discovery of the circumstances, giving rise to any delay or three (3) days from the discovery of any latent or subsurface conditions giving rise to a delay.

The calendar days specified above include the City’s alternative Friday and Holiday Closures, as well as all legal holidays. Construction work is only authorized within the dates and times listed in Section 01 11 00 Summary of Work.

Award of Contract: The City shall award the Contract for the Work to the lowest responsive, responsible bidder as determined from the BASE BID ALONE by the City.

The City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.

For further information, contact the City’s Project Manager, H. Ted Gerber, City of Thousand Oaks (805) 449-2399, tgerber@toaks.gov.

BY ORDER OF THE CITY OF THOUSAND OAKS

DATED THIS 18th day of May, 2026

Laura B. Maguire, City Clerk

Publish: TO Acorn, Friday, May 22, 2026 mailto:tgerber@toaks.gov

INSTRUCTIONS TO BIDDERS

CITY OF THOUSAND OAKS

1. AVAILABILITY OF CONTRACT DOCUMENTS

Bids must be submitted electronically to the City at the following address, https://procurement.opengov.com/portal/toaks on the Bid Forms which are a part of the Bid Package for the Work. Contract Documents may be downloaded or obtained from the City at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Any charge for the Contract Documents is stated in the Notice Inviting Bids. If requested, the City shall also make the Contract Documents available for review in electronic form at one or more plan rooms at no charge, as required by Public Contract Code section 20103.7.

In order to receive addenda, all bidders must register with the City in the manner stated in the Notice Inviting Bids. Prospective bidders who obtain a copy of the Contract Documents through a plan room or other means will still be required to register with the City to receive addenda.

2. EXAMINATION OF CONTRACT DOCUMENTS

Bidders shall be solely responsible for examining the Site and the Contract Documents, including any addenda issued during the bidding period, and for informing themselves with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors’ licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract Documents. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law.

3. INTERPRETATION OF CONTRACT DOCUMENTS

Discrepancies in, and/or omissions from the Plans, Specifications or other Contract Documents or questions as to their meaning shall be immediately brought to the attention of the City by submission of a written request to the City for an interpretation or correction.

Such submission, if any, must be sent to the City’s Project Manager, H. Ted Gerber, City of Thousand Oaks (805) 449-2399, tgerber@toaks.gov. All questions must be received no later than 5:00 pm at least 7 calendar days prior to bid opening.

Any interpretation of the Contract Documents will be made only by written addenda duly issued and delivered to each person or firm who has obtained a set of Contract Documents and is registered with the City. The City will not be responsible for any explanations or interpretations provided in any other manner. No person is authorized to make any oral interpretation or modification of any provision in the Contract Documents to any bidder, and no bidder should rely on any such oral interpretation or modification.

Bids shall include complete compensation for all items that are noted in the Contract Documents as the responsibility of the Contractor.

4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK

Each prospective bidder is responsible for fully acquainting itself with the conditions of the Site (which may include more than one site as identified in the notice inviting bids), as well as those relating to the construction and labor of the Work, to fully understand the facilities, difficulties and restrictions which may impact the cost or effort required to complete the Work, including transportation, handling and storage of materials, site access and easement considerations, and all other physical or environmental conditions at or near the project site. If a Pre-Bid Conference is required by the Notice Inviting Bids, a Pre-Bid Conference and Site Walk will be held on the date(s) and time(s) indicated in the Notice Inviting Bids.

Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Project. Federal and State laws require the City and its contractors to appropriately manage such waters pursuant to the requirements of California State Water Resources Control Board Order Number 2022-0057-DWQ (NPDES Permit No.

CAS000002), and any subsequent amendment to or renewal thereof, State Water Resources Control Board Order No. 2013-0001-DWQ (NPDES Order No. CAS000004), Los Angeles Regional Water Quality Control Board Order No. R4-2012-0077, the Federal Clean Water Act, and the California Porter Cologne Water Quality Control Act. By submitting a Bid, each bidder acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom, and shall comply with all permits, orders, and all other requirements imposed by law.

5. ADDENDA

The City reserves the right to revise the Contract Documents prior to the bid opening date.

Revisions, if any, shall be made by written addenda. All addenda issued by the City shall be included in the bid and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the City issues an Addendum which includes material changes to the Work less than 72 hours prior to the deadline for submission of bids, the City will extend the deadline for submission of bids. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the bid submission date. If required by the Notice Inviting Bids, each prospective bidder shall register with the City at the following web address: https://procurement.opengov.com/portal/toaks. Copies of addenda will only be furnished by e-mail to the e-mail address used to register. Please Note: Bidders are responsible for ensuring that they have received any and all addenda.

To this end, each bidder should contact the City’s Project Manager, H. Ted Gerber, tgerber@toaks.gov to verify that he/she has received all addenda issued, if any, prior to the bid opening. Failure to acknowledge receipt of all addenda may result in bid rejection.

6. ALTERNATE BIDS

If alternate bid items are called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid only unless otherwise specified in the Notice.

The time required for completion of the alternate bid items has been factored into the Contract Time and no additional time will be allowed for performing any of the alternate bid items, unless specifically noted in the alternate bid item. The City may elect to include one or more of the alternate bid items, or to otherwise remove certain Work from the scope of work. Accordingly each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder.

7. COMPLETION OF BID FORMS

Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents and are provided herein. The use of substitute bid forms other than clear and correct photocopies of those provided by the City will not be permitted. Bids shall be executed by an authorized signatory with the appropriate authority to bind the bidder as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable) and initial all interlineations, alterations, or erasures to the Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms nor make substitutions thereon. USE OF

BLACK OR BLUE INK, INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED.

Deviations in the bid form may result in the bid being deemed non-responsive.

8. MODIFICATIONS OF BIDS

Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms, nor make substitutions thereon. Oral, telephonic and electronic modifications will not be considered.

9. DESIGNATION OF SUBCONTRACTORS

Pursuant to State law, the Bidders must designate the name and location of each subcontractor who will perform work or render services to the Bidder in an amount that exceeds one-half of one percent (1/2%) of the Bidder’s Total Bid Price, or if work involves streets or highways, including bridges, an amount that exceeds one-half of one percent (1/2%) or $10,000, whichever is greater, as well as the portion of work each such subcontractor will perform on the form provided herein by the City. No additional time will be provided to bidders to submit any of the requested information in the Designation of Subcontractor form.

10. LICENSING REQUIREMENTS

Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. The City has determined that bidders must have a Class A license to be eligible for award of this Contract. Pursuant to Section 7028.5 of the Business and Professions Code, any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents shall be nonresponsive, and the City shall reject the Bid. The City shall have the right to request, and Bidders shall provide within five (5) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract. Please also note that, pursuant to Public Contract Code Section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code Section 2717(b) in order to supply mined material for this Contract.

11. SIGNING OF BIDS

All Bids submitted shall be executed by the Bidder or its authorized representative.

Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract.

If a Bidder is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name.

12. BID SECURITY

Each bid shall be accompanied by one of the following forms of bid security: (1) Electronic:

an electronic bid bond via Surety2000 at https://surety2000.com; (2) Non-electronic, to be delivered to the City Clerk Department at City Hall before the bid submission date in one of the following manners: (a) an original hard copy bid bond payable to the City executed by the bidder as principal and surety as obligor, in the form included in these

Contract Documents; (b) a certified check made payable to the City; (c) a cashier’s check made payable to the City; (d) cash, in an amount not less than 10% of the maximum amount of the bid. Bidders can register for a Surety2000 account at https://dashboard.surety2000.com/#/register. PDF copies of bid bonds will not be accepted. All bid securities in the form of original hard copy bid bond, cash, certified check or cashier’s check must be sent via mail, delivery service or hand delivered to the City Clerk Department at 2100 E. Thousand Oaks Blvd., Thousand Oaks, CA 91362. Bidders are fully responsible for ensuring their bid security is received in the City Clerk Department prior to the bid opening. Failure to provide the required bid security prior to the bid opening shall cause the bid to be deemed incomplete and therefore non-responsive. Questions regarding the delivery of a bid security to the City Clerk Department can be submitted to cityclerk@toaks.gov.

Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be admitted to transact surety business in the State of California, as defined in Code of Civil Procedure Section 995.120. The cash, check or bid bond shall be given as a guarantee that the bidder shall execute the Contract if it be awarded to the bidder, and that the bidder shall provide the required payment and performance bonds and insurance certificates and endorsements as required within ten (10) calendar days after notification of the award of the Contract to the bidder. Failure to provide the required documents may result in forfeiture of the full penal sum of bidder’s bid deposit or bond to the City and the City may award the Contract to the next lowest responsive, responsible bidder, or may call for new bids.

13. SUBMISSION OF SEALED BIDS

Pursuant to Public Contract Code sections 1600 and 1601, once the Bid and supporting documents have been completed and signed as set forth herein, they shall be submitted electronically, along with the required Bid Security as listed in item #12 above, and other required materials at the following address and in the manner prescribed at the website:

https://procurement.opengov.com/portal/toaks and in the Notice Inviting Bids. The City reserves the right to reject any bid that does not strictly comply with City’s designated methods of delivery.

14. DELIVERY AND OPENING OF BIDS

Bids will be received by the City by electronic transmission only at the web address shown in the Notice Inviting Bids up to the date and time shown therein. The City will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the Bidder. It is the Bidder’s sole responsibility to ensure that its Bid is received as specified. Bids may be submitted earlier than the dates(s) and time(s) indicated.

https://dashboard.surety2000.com/#/register mailto:cityclerk@toaks.gov

Bids will be opened at the date and time stated in the Notice Inviting Bids, and the amount of each Bid will be read aloud and recorded. All Bidders may, if they desire, virtually attend the opening of Bids as described in the Notice Inviting Bids. The City may in its sole discretion elect to postpone the opening of the submitted Bids. City reserves the right to reject any or all Bids and to waive any informality or irregularity in any Bid. In the event of a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern.

15. WITHDRAWAL OF BID

Prior to the original time set for bid opening, a Bid may be withdrawn by the Bidder through the electronic bidding platform. Any request to withdraw a bid after bid opening must be made in accordance with Public Contract Code section 5100 et seq. and must be submitted in writing, by email to the project manager listed in these Instructions, within five (5) working days, excluding Saturdays, Sundays and State holidays, specifying in detail how the mistake was made.

16. BASIS OF AWARD; BALANCED BIDS

The City shall award the Contract to the lowest, responsible Bidder that submits a responsive Bid. The City may reject any Bid which, in its opinion when compared to other bids received or to the City’s internal estimates, does not accurately reflect the cost to perform the Work. The City may reject as non-responsive any bid which unevenly weights or allocates costs, including but not limited to overhead and profit, to one or more particular bid items.

17. INTEREST IN MORE THAN ONE BID

A person, firm, corporation or other entity that has submitted a proposal to a bidder, or that has quoted prices to a bidder, is not thereby disqualified from submitting a proposal or quoting prices to other bidders, or from submitting a bid to the City as the Prime Contractor, nor shall such entity be disqualified if it is listed as a subcontractor on more than one bid submitted.

18. INSURANCE REQUIREMENTS

The successful bidder shall procure and maintain insurance in the form and in the amount specified in the Contract Documents.

19. AWARD PROCESS

Once all Bids are opened and reviewed to determine the lowest responsive and responsible Bidder, the City Council or designee may award the contract. The apparent successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment (Labor and Materials) Bond; (3) the required insurance certificates and endorsements; and (4) an Initial Critical Path Method schedule in accordance with Article 6 of the General Conditions. Once the City notifies the Bidder of the award, the Bidder will have ten (10) calendar days from the date of the award to supply the City with all of the required bonds, evidence of insurance and other materials, after which the City will provide the Bidder with the contract, which must be countersigned via electronic signature by the Bidder within 3 business days.

20. BID PROTEST PROCEDURE

Submitted bids will be timely made available for review upon written request of any Bidder.

Any interested party may file a protest of a Bid in accordance with the following procedure:

A. The City will notify all bidders of an intended award or an intent to reject the bidder’s bid.

B. All protests must be filed in writing, by email with the project manager listed in these Instructions and City’s Project Manager, H. Ted Gerber, City of Thousand Oaks (805) 449-2399, tgerber@toaks.gov within five 5 business days of the date on the notice of intended award or the notice of intent to reject.

C. All protests shall be in writing, state the grounds for the protest, state the facts relevant to the protest, and all evidentiary support to rebut adverse evidence that it or another bidder was either non-responsive or not responsible.

D. The City Manager or designee shall review the protest and issue a written decision on the protest. The City Manager or designee may base the decision on the written protest alone or may informally gather evidence. If the protested bid has a value of Two Hundred Twenty Thousand and no/100 Dollars ($220,000) or less the City Manager’s or designee’s decision shall be final.

E. If a bid is rejected on the grounds that the bidder is not a responsible bidder, the bidder may submit a protest. A hearing will be set within a reasonable time to provide a decision before final approval of the selected low bid. If the protested bid has a value of Two Hundred Twenty Thousand and no/100 Dollars ($220,000) or less the City Manager’s or designee’s decision shall be final.

F. If the protested bid has a value exceeding Two Hundred Twenty Thousand and no/100 Dollars ($220,000) an appeal of the City Manager’s decision may be filed with the City Council. All such appeals must be in writing and shall be filed with the City Clerk within five 5 business days from the date of the City Manager’s decision.

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

21. WORKERS COMPENSATION

Each bidder shall submit the Contractor’s Certificate Regarding Workers’ Compensation form.

22. RETENTION AND SUBSTITUTION OF SECURITY

The Contract Documents call for monthly progress payments based upon the percentage of the work completed. Unless otherwise specified in the Notice Inviting Bids, the City will retain five percent (5%) of each progress payment as provided by the Contract Documents. At the request and expense of the successful Bidder, the Contractor may substitute securities for the amount so retained in accordance with Public Contract Code Section 22300.

23. PREVAILING WAGES

The City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract, [including rates for apprentices as required under Labor Code section 1777.5]. These rates are on file and available at City Hall or may be obtained online at http://www.dir.ca.gov/dlsr.

Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the Bidder’s and its subcontractors’ current registration with the Department of Industrial Relations. Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification, attesting to the facts contained therein. Failure to submit this Certification with the Bid may render the Bid non-responsive. Each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors Form.

In accordance with Labor Code section 1773.3, the City will provide notice of the award to the Department of Industrial Relations on the Form PWC-100. The Bidder who is awarded the Contract shall submit to the City any information requested by the City to complete the form, including but not limited to identification of the worker classifications for the Bidder and all listed subcontractors, within 24 hours of the request. Failure or refusal to provide the requested information prior to execution of the Contract may result in forfeiture of the Bidder’s Bid deposit or bond to the City, and the City may award the Contract to the next lowest responsive and responsible Bidder, or may call for new Bids.

24. CALIFORNIA AIR RESOURCES BOARD REQUIREMENTS (CARB)

This project is subject to the amendments in Sections 2449, 2449.1, and 2449.2, Title 13, California Code of Regulations for any construction activity starting January 1, 2024, involving the use of off-road diesel-fueled vehicles. The Bidder must provide evidence of their valid California Air Resources Board Certificate of Reported Compliance (Certificate) for their fleets as well as any rental fleet equipment and for all subcontractors listed in the Bid Package. All CARB Certificates must be obtained and valid at the time of bid opening and must be submitted with the bid package or within three working days after the bid opening. No bid will be accepted without verification of the contractor and subcontractors CARB compliance numbers, nor any contract entered into without proof of the contractor’s and subcontractors’ Certificates being valid and current at the time of bid opening, unless the contractor confirms that no equipment subject to the regulation will be used to execute the contract work. Failure to comply may result in the bid to be found non-responsive, and the bid bond forfeited. For additional information regarding CARB requirements, please visit: ww2.arb.ca.gov/resources/fact-sheets/fact-sheet-contracting-requirements.

25. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS

In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.7 of the Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor used on the Work.

26. IRAN CONTRACTING ACT CERTIFICATION

Each bidder shall submit the certification required by the Iran Contracting Act of 2010, Public Contract Code section 2200 et seq. included in the Bid Documents.

27. PERFORMANCE BOND AND PAYMENT (LABOR AND MATERIALS) BOND

REQUIREMENTS

Within the time specified in the Contract Documents, the successful bidder shall deliver to the City the Performance Bond and Payment (Labor and Materials) Bond, either in hardcopy using the form supplied in the Contract Documents, or electronically via Surety2000 at https://surety2000.com/. Failure to do so may, in the sole discretion of

City, result in the forfeiture of the Bid Security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business in the State of California and satisfactory to the City. The Performance Bond and the Payment (Labor and Materials) Bond shall be for one hundred percent (100%) of the Total Bid Price.

28. REQUEST FOR SUBSTITUTIONS

The successful bidder shall comply with the substitution request procedures set forth in the Contract Documents.

29. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES

Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Contract Documents. Bidders shall include all applicable taxes and fees in their bid. Upon award of the contract, contractor and listed subcontractors shall procure a business tax certificate from the City and pay all applicable local business taxes as set forth in the Thousand Oaks Municipal Code.

30. EXECUTION OF CONTRACT

As required herein the successful bidder shall execute the Contract included with the bid documents in the amount determined in accordance with the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly authorized to do so on the Contractor’s behalf.

END OF INSTRUCTIONS TO BIDDERS

CHECKLIST

BID FORM 1

1) BIDDERS CHECKLIST

This checklist has been prepared and furnished to assist Bidders in including all items necessary for a complete Bid. Omission of items from the list does not relieve the Bidders of the obligation to comply with all requirements of the bid documents.

Bidders' submittals should include, but are not necessarily limited to, all of the following documents:

Item Checked

1. Bidders Checklist Sheet (this sheet)

2. Bid

3. Contractor’s Certificate regarding Workers’ Compensation

4. Bid Bond or other security

5. List of Subcontractors Information

6. Information Required of Bidders

7. Non-Collusion Declaration

8. Iran Contracting Act Certification

9. Public Works Contractor Registration Certification _____

10. California Air Resource Board (CARB) Compliance _____

Bidder acknowledges and understands that, pursuant to Public Contract Code Section 20676, sellers of "mined material" must be on an approved list of sellers published pursuant to Public Resources Code Section 2717(b) in order to supply mined material for this Contract.

I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.

Name of Bidder

Signature

Name and Title

Dated

BID

BID FORM 2

2) BID SCHEDULE

NAME OF BIDDER:

The undersigned Bidder hereby declares that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Work:

SECONDARY CLARIFIER 3 DRIVE REPLACEMENT PROJECT

CITY PROJECT No. MI 2646; SPECIFICATION No. 2025/2026-40

We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Work in strict accordance with the Contract Documents for the Bid Price shown on the following Bid Schedule:

BID SCHEDULE

NO.

ITEM DESCRIPTION

UNIT OF

MEASURE

EST.

QTY.

UNIT

PRICE

ITEM

COST

1. Mobilization LS 1 $10,000 $10,000

2. Removal of Aerial Walkway

LS 1

3. Removal of Existing SC3 Drive Unit Assembly

LS 1

4. Installation of City Furnished, Contractor Installed Replacement Drive Unit

LS 1

5. Installation of Aerial Walkway

LS 1

6. Startup and Testing LS 1

7. Closeout LS 1 $5,000 $5,000

Bidders must provide pricing for every bid item. If the City provides a bid item cost for “Mobilization,” Bidders shall incorporate that item cost into the bid without modification. If the cost for Mobilization is not listed in the bid items, the value for Mobilization shall not exceed the percentage listed in Article 40 of the General Conditions.

The estimated quantities for unit price items are for bidding purposes only and the City makes no representation that the actual quantities of work performed will not vary from the estimates.

In case of discrepancy between the unit price and the item cost set forth for a unit price item, the item cost, calculated at the unit price multiplied by the estimated quantity shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Item Cost” column, then the amount set forth in the “Item Cost” column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. If any of the above discrepancies exist, the City may recalculate the bid price on the basis of the unit price and the bidder agrees to be bound by such recalculation. Final payment for unit price items shall be determined by the City from measured quantities of work actually performed.

BASE BID PRICE (BASED ON BID SCHEDULE TOTAL OF UNIT PRICES):

Total Bid Price in Numbers

Base Bid Price in Written Form

In case of discrepancy between the written price and the numerical price, the written price shall prevail. The undersigned agrees that this Bid Form constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days stated in the Notice Inviting Bids from the bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier.

The City of Thousand Oaks reserves the right after award to increase or decrease the quantity of any unit price bid item, by an amount up to 25 percent of increase or decrease, without a change in the unit prices, and shall have the right to delete any bid item in its entirety, and decrease the contract value in the amount shown in the Bid Schedule for the deleted item of Work, not exceeding 25 percent of the total contract price.

Name of Bidder or Firm

ACKNOWLEDGEMENT OF ADDENDA

The Contract Time shall commence on the date stated in the City’s Notice to Proceed. In no case shall the Contractor commence construction prior to the date stated in the City’s Notice to Proceed, or before providing the required bonds and evidence of insurance.

Bidder certifies that it is licensed in accordance with the California law providing for the registration of Contractors, License No. _________, Expiration Date _______, class of license _____. If the bidder is a joint venture, each member of the joint venture must include the above information.

The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents.

Addenda No. _______________________

Addenda No. _______________________

Addenda No. _______________________

Addenda No. _______________________

Name of Bidder or Firm

WORKERS COMPENSATION CERTIFICATE

BID FORM 3

3) CONTRACTOR’S CERTIFICATE REGARDING

WORKERS’ COMPENSATION

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.

Name of Bidder

Signature

Name

Title

BID BOND

BID FORM 4

4) BID BOND

(Use for Original Hardcopy Bonds only)

KNOW ALL PERSONS BY THESE PRESENTS that, _____________________________ hereinafter called the PRINCIPAL, and ____________________ ,a__________ corporation duly organized under the laws of the State of ______________________, having its principal place of business at ___________________________________________in the State of _______________________ and authorized to do business in the State of California, hereinafter call the SURETY, are held and firmly bound unto the City of Thousand Oaks, hereinafter called the OBLIGEE, on order, in the sum of TEN PERCENT (10%) (being ten percent (10%) of the total amount of PRINCIPAL'S bid price) lawful money of the United States, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:

WHEREAS, the PRINCIPAL has submitted its Bid for the project entitled __________________________________ to the OBLIGEE, the Bid, by reference thereto; being hereby made a part hereof.

NOW, THEREFORE, if the Bid is rejected or, in the alternate, if the Bid is accepted and the PRINCIPAL signs and delivers a Contract and furnishes evidence of insurance and a Performance Bond and Payment Bond, all in the form and within the time required by the Contract Documents, then this obligation shall become null and void, otherwise the same shall remain in full force and effect and upon default of the PRINCIPAL shall be forfeited to the OBLIGEE, it being expressly understood and agreed that the liability of the SURETY for any and all default of the PRINCIPAL shall be the entire amount of this obligation as herein stated, as liquidated damages.

The SURETY, for value received, hereby agrees that the obligations of SURETY and its bond shall not be impaired or affected by any extension of the time within which the OBLIGEE may accept the Bid, and the SURETY hereby waives notice of any such extension.

In the event suit is brought upon this bond by the OBLIGEE and judgment is recovered, the SURETY shall pay, in addition to the sum set forth above, all costs incurred by the OBLIGEE in such suit, including reasonable attorney's fees and expert witness fees, to be fixed by the court, in addition to the penal sum of the Bond.

Signed this day of , 20___

PRINCIPAL

BY

SURETY

BY

Note: Signature of person executing for SURETY must be notarized and evidence of corporate authority attached.

THE FOLLOWING INFORMATION IS REQUIRED

Any claims under this bond may be addressed to:

(Name and Address of Surety) ___________________________________________

(Name and Address of Agent or ___________________________________________ Representative for service of process in California, if different ___________________________________________ from above)

(Telephone number of Surety and ___________________________________________ Agent or Representative for service of process in California)

End of Section

ACKNOWLEDGMENT

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California County of ___________________________ )

On ________________________ before me, (insert name and title of the officer) personally appeared_______________________________________________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _________________________________ (Seal)

DESIGNATION OF SUBCONTRACTORS

BID FORM 5

5) DESIGNATION OF SUBCONTRACTORS

In compliance with the Subletting and…