On-Call Water Treatment Plant Maintenance Program.pdf

BB&K (10/2020)

46700.00100\33349674.4

CONTRACT DOCUMENT

FOR

On-Call Water Treatment Plant Maintenance Program

August 24, 2026

Prepared By:

Water Production Division

1425 South Bon View Avenue

Ontario, CA 91761

(909) 395-2678

SECTION 00010

TABLE OF CONTENTS

BB&K (10/2020) ON-CALL WATER TREATMENT PLANT MAINTENANCE PROGRAM

46700.00100\33349674.4 - 2 - SECTION 00010: TABLE OF CONTENTS

SECTION 00100: NOTICE INVITING BIDS

SECTION 00200: INSTRUCTIONS TO BIDDERS

SECTION 00400: BID FORM

SECTION 00405: CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION

SECTION 00410: BID BOND

SECTION 00420: NON-COLLUSION DECLARATION

SECTION 00430: CONTRACTOR INFORMATION AND EXPERIENCE FORM

SECTION 00440: LIST OF SUBCONTRACTORS FORM

SECTION 00441: PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATE

SECTION 00442: IRAN CONTRACTING ACT CERTIFICATION

SECTION 00500: MAINTENANCE SERVICE AGREEMENT

SECTION 00610 PERFORMANCE BOND

SECTION 00620 PAYMENT BOND

SECTION 00700 GENERAL CONDITIONS

SECTION 00750 GENERAL CONDITIONS

SECTION 00760 GENERAL CONDITIONS

EXHIBIT A: TECHNICAL SPECIFICATIONS

EXHIBIT B: PLANS AND DRAWINGS

EXHIBIT C: BID ITEM DESCRIPTIONS

SECTION 00100

NOTICE INVITING BIDS

BB&K (10/2020) ON-CALL WATER TREATMENT PLANT MAINTENANCE PROGRAM

46700.00100\33349674.4 - 3 - SECTION 00100: NOTICE INVITING BIDS

The City of Ontario (“City”) will receive electronic bids only for the On-Call Water Treatment Plant

Maintenance Program (“Project”) no later than October 5, 2026, 11:00 A.M. Electronic bids (“Bids”) shall be submitted through the City’s electronic bid management system (“PlanetBids”). PlanetBids will not accept late bids. Bids shall be valid for 120 calendar days after the bid opening date.

The Project must be completed within 365 calendar days, beginning ten (10) calendar days after the date on which the notice to proceed (“Notice to Proceed”), as described in Article 42 of Section 00700 of General

Conditions, is sent by the City to the Contractor submitting a bid for this Project.

The scope of work consists of providing all labor, materials, and equipment necessary for the On-Call

Water Treatment Plant Maintenance Program, as outlined in the technical specifications, on an as-needed and emergency basis. The On-Call Water Treatment Plant Monitoring is a one (1) year contract with the option to renew for four (4) consecutive one (1) year periods.

Bids must be submitted on the City’s Bid Forms available to registered vendors at ontarioca.gov/business by selecting “Bids & Proposals” on the home page. The Contract Documents may be downloaded at no charge. Electronic modifications to or withdrawal of bids may be made by the bidder prior to the bid closing deadline.

Plan rooms that register may also download the Contract Documents and offer them for review. All parties downloading Contract Documents will be listed under the solicitation’s “Prospective Bidders” tab.

Any Bidder may visit the office of the City Clerk at City Hall at the time set for bid submission and request a reading of the bids. However, bid results are automatically made public in the bid management system upon bid closing. The City reserves the right to reject any or all bids and to waive any informality or irregularity in any bid.

Bids must be accompanied by cash, a certified or cashier’s check, or a Bid Bond in favor of the City in an amount not less than ten percent (10%) of the submitted Total Bid Price (“Bid Security”). The Bid Security must be submitted in hard copy directly to the City prior to the specified date and time for bid opening as set forth in the Instructions to Bidders.

A NON-MANDATORY Pre-Bid Site Walk will be held at Ontario Municipal Utilities Company at 1425 South

Bon View Avenue, Ontario, California 91761 on the following date and time: Monday, September 14, 2026, at 9:00 A.M. Prospective bidders may not visit the Project Site without making arrangements through the

Water Production Manager.

Each bid shall be accompanied by the security referred to in the Contract Documents, the non-collusion declaration, the list of proposed subcontractors, and all additional documentation required by the

Instructions to Bidders.

The successful bidder will be required to furnish the City with a Performance Bond equal to 100% of the successful bid, and a Payment Bond equal to 100% of the successful bid, prior to execution of the Contract.

All bonds are to be secured from a surety that meets all of the State of California bonding requirements, as defined in Code of Civil Procedure Section 995.120, and is admitted by the State of California.

https://www.ontarioca.gov/business

BB&K (10/2020) ON-CALL WATER TREATMENT PLANT MAINTENANCE PROGRAM

46700.00100\33349674.4 - 4 - SECTION 00100: NOTICE INVITING BIDS

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

The Director of Industrial Relations has determined 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 which will be awarded to the successful bidder, copies of which are on file and will be made available to any interested party upon request at the City Clerk’s office or online at http://www.dir.ca.gov/dlsr. A copy of these rates shall be posted by the successful bidder at the job site. The successful bidder and all subcontractor(s) under him, shall comply with all applicable Labor Code provisions, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Contract, the 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 contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections

1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial

Relations. In bidding on this project, it shall be the Bidder’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its bid.

Each bidder shall be a licensed contractor pursuant to the Business and Professions Code and shall be licensed in the following appropriate classification(s) of contractor’s license(s), for the work bid upon, and must maintain the license(s) and certifications throughout the duration of the Contract. The awarded

Contractor shall have a California Contractors State License Board Class A (General Engineering).

Where work is to be performed by a specialty or trade, the Contractor is responsible for submitting the required licensing and/or certification for the requested work to the City for review and approval, and prior to performing the requested work. There are no exceptions.

Pursuant to Public Contract Code Section 3400(b), if the City has made any findings designating certain materials, products, things, or services by specific brand or trade name, such findings and the materials, products, things, or services and their specific brand or trade names will be set forth in the Special

Conditions.

Award of Agreement: The City shall award the Agreement for the Project to the Bidder that provides the best value as determined 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.

46700.00100\33349674.4 - 5 - SECTION 00100: NOTICE INVITING BIDS

SPECIAL NOTICE ABOUT COVID-19: This Project consists of essential work and will therefore proceed unless appropriate governmental authorities order the work to cease. By submitting a Bid for this work, Bidder agrees to proceed with the work as proposed and to execute the contract in the form provided. Any conditions, caveats, or force majeure notices submitted with Bidder’s bid will not be accepted and may result in a determination that the bid is non-responsive. Any such conditions, caveats, or notices submitted after award may result in the forfeiture of Bidder’s bid security and award to the next responsible bidder.

Bidders shall comply with the requirements provided in the section titled “COVID-19 Safety Measures” of the Special Conditions. The costs of adhering to and complying with such requirements, and any future updates thereto, shall be included in the Bidders’ bid amount. Key prevention practices include, but are not limited to, physical distancing, face coverings, frequent handwashing, regular cleaning and disinfection, and training employees on preventing the spread of COVID-19.

For further information, contact the City of Ontario Purchasing Department at (909) 395-2012.

END OF NOTICE INVITING BIDS

SECTION 00200

INSTRUCTIONS TO BIDDERS

BB&K (10/2020) ON-CALL WATER TREATMENT PLANT MAINTENANCE PROGRAM

46700.00100\33349674.4 - 6 - SECTION 00200: INSTRUCTIONS TO BIDDERS

ARTICLE 1. GENERAL

Bidding procedures are prescribed in the Contract Documents. Bids shall be executed upon the separately bound Bid Forms provided, which are a part of the Contract Documents. Bid Forms received after the designated time will not be accepted.

ARTICLE 2. AVAILABILITY OF CONTRACT DOCUMENTS

Bids must be submitted to the City on the Bid Documents, which are a part of the Bid Package for the

Project. Prospective bidders may download a complete set of Contract Documents at no charge as stated in the Notice Inviting Bids.

The Contract Documents shall be made available for review at one or more plan rooms that have registered with Planet Bids, as indicated in the Notice Inviting Bids. Please Note: Prospective Bidders who choose to review the Contract Documents at a plan room must register as a vendor on the City’s website, download the Contract Documents, and submit a bid electronically.

ARTICLE 3. EXAMINATION OF CONTRACT DOCUMENTS

At its own expense and prior to submitting its Bid, each Bidder shall visit the site of the proposed work and fully acquaint itself with the conditions relating to the construction and labor required so that the Bidder may fully understand the work, including but not limited to difficulties and restrictions attending the execution of the work. Each Bidder shall carefully examine the Contract Documents. Each Bidder shall also determine the local conditions which may in any way affect the performance of the work, including local tax structure, contractors’ licensing requirements, availability of required insurance, the prevailing wages and other relevant cost factors, shall familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the site or where work is to be performed as may be required. Bidders are responsible for consulting the standards referenced in the Contract. The failure or omission of any Bidder to receive or examine any Contract Documents, forms, instruments, addenda, or other documents, or to visit the site and acquaint itself with conditions there existing shall in no way relieve any Bidder from any obligation with respect to its Bid or to the Agreement and no relief for error or omission will be given except as required under State law. The submission of a Bid shall be taken as conclusive evidence of compliance with this Article.

ARTICLE 4. INTERPRETATION OF CONTRACT DOCUMENTS

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

PlanetBids (the electronic bid management system) by selecting the Q&A tab. Questions sent directly to

City staff will not be addressed, and you will be directed to submit your question(s) online.

Any interpretation of the Bid or Contract Documents will be made only by written addenda from the City.

All plan holders will be notified by e-mail when an addendum is posted. The City will not be responsible for

46700.00100\33349674.4 - 7 - SECTION 00200: INSTRUCTIONS TO BIDDERS

any explanations or interpretations provided in any other manner. No person is authorized to make any oral interpretation of any provision in the Contract Documents to any Bidder, and no Bidder should rely on any such oral interpretation.

Bids shall include complete compensation for all items of work to be performed under the Contract

Documents, as the Contractor's responsibility.

No members of the City’s staff or City Council should be contacted about this procurement during the bidding process. Any and all inquiries and comments regarding this Bid must be communicated in writing, unless otherwise instructed by the City. The City may, in its sole discretion, disqualify any Bidder who engages in any prohibited communications.

ARTICLE 5. NON-MANDATORY PRE-BID SITE WALK

Each prospective bidder is responsible for fully acquainting itself with the conditions of the Project Site

(which may include more than one site), as well as those relating to the construction and labor of the

Project, to fully understand the facilities, difficulties, and restrictions that may impact the cost or effort required to complete the Project. To this end, a non-mandatory Pre-Bid 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 the NPDES General Permit For Stormwater Discharges Associated With

Construction and Land Disturbance Activities-‘GCP’ (California State Water Resources Control Board

Order Number 2009-0009-DWQ), 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 risk and liabilities arising therefrom.

ARTICLE 6. COMPLETION OF BID FORMS

Bids shall only be prepared using copies of the Bid Forms, which are included in the Contract Documents and available on PlanetBids. 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 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. Deviations in the bid form may result in the bid being deemed non-responsive. .

Failure to submit any of the Bid Forms may render the Bid non-responsive.

The Bid Schedule is available on PlanetBids. The Bidder must enter pricing in the electronic bid form on PlanetBids for any and all line items or a lump sum price, as required. The pricing provided in the electronic bid form will be only the valid bid pricing for determination of the low bid. The Bid Schedule will be incorporated into the Contract Documents. Failure to submit the Bid Schedule will render a Bid nonresponsive. The costs of any work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in related line items and no additional compensation shall be

46700.00100\33349674.4 - 8 - SECTION 00200: INSTRUCTIONS TO BIDDERS

due the selected contractor. The estimated quantities for unit price items are for purposes of comparing

Bids only and City makes no representation that the actual quantities of work performed will not vary from the estimates.

The following is a list of Bid Forms that must be completed and uploaded to PlanetBids as a single

PDF file:

A. Bid Acknowledgment

B. Bid Security, as a bid bond using the form included in the bidding documents, cash, or a cashier's check

C. Public Works Contractor Registration Certification form

D. Contractor’s Certificate Regarding Workers' Compensation form

E. Noncollusion Declaration form

F. Bidder Information and Experience Form

G. Technical Specifications

All Bids must be submitted, filed, made, and executed in accordance with State and Federal law relating to Bids for contracts of their nature whether said laws are expressly referred to herein or not.

ARTICLE 7. 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 that are in effect or reasonably anticipated on the bid date in their bid price.

ARTICLE 8. SUBSTITUTIONS AND “OR-EQUAL” ITEMS

Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the specification is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment or material or equipment of other suppliers may be submitted to the City for consideration.

Application for review of substitute or "or-equal" materials or equipment shall be submitted no later than

35 calendar days after the award of the Contract.

If the Bidder's proposal for an "or equal" item is not approved, the Bidder shall furnish the specified item(s) without a change in the contract price or contract time.

Any Bid conditioned upon furnishing equipment or materials different from those specified in the Contract

Documents may be rejected.

46700.00100\33349674.4 - 9 - SECTION 00200: INSTRUCTIONS TO BIDDERS

ARTICLE 9. DESIGNATION OF SUBCONTRACTORS

Bidder shall set forth the name, address of the place of business, contractor license number, and public works contractor registration number of each subcontractor who will perform work, labor, furnish materials or render services to the bidder on said contract and each subcontractor licensed by the State of California who, under subcontract to bidder, specially fabricates and installs a portion of the Work described in the

Contract Documents in an amount in excess of one half of one percent (0.5%) of the total bid price, and shall indicate the portion of the work to be done by such subcontractor in accordance with Public Contract

Code Section 4104. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s

Total Bid Price or $10,000, whichever is greater. If a Bidder fails to specify a subcontractor or if a Bidder specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself. Substitution of listed subcontractors shall only be permitted in accordance with Public Contract Code

Section 4107.

ARTICLE 10. 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., with its bid. The certification is included in the Contract Documents.

ARTICLE 11. BID SECURITY (GUARANTEE)

Each bid shall be accompanied by: (a) cash; (b) a certified check made payable to the City; (c) a cashier’s check made payable to the City; or (d) a bid bond payable to the City executed by the bidder as principal and surety as obligor in an amount not less than 10% of the Total Bid Price. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, 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, shall provide the payment and performance bonds, if required, and insurance certificates and endorsements as required herein within fifteen (15) calendar days after notification of the intent to award the contract to the Bidder.

Failure to provide the required documents may result in forfeiture of the Bidder’s Bid Security to the City, and the City may award the contract to the next responsible Bidder submitting a responsive Bid providing the best value to the City, or may call for new bids.

THE BID SECURITY MUST BE RECEIVED PRIOR TO THE SPECIFIED DATE AND TIME FOR BID

OPENING.

Any Bidder wishing to submit cash, cashier’s check or certified check in lieu of a bid bond must submit such by the bid opening date and time to the City Clerk at City Hall, 303 E. “B” Street, Ontario, CA 91764, in an envelope clearly labeled with the Project Title, Bid No., Bidder’s Name and Address.

46700.00100\33349674.4 - 10 - SECTION 00200: INSTRUCTIONS TO BIDDERS

ARTICLE 12. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION

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 contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the Bid non-responsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the List of Subcontractors Form. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in

Labor Code Sections 1725.5 and 1771.1.

ARTICLE 13. SIGNING OF BIDS

All Bids submitted shall be executed by the Bidder or its authorized representative. Bidder shall upload an electronic scanned copy of the executed Bid Form to the electronic bid management system. Bidders may be asked to provide evidence in the form of an authenticated resolution of their 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 arising therefrom.

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.

ARTICLE 14. BID SUBMITTALS

Bids shall be submitted electronically through PlanetBids. No other method of submitting Bids will be accepted. Bidders may not submit Bids by fax, email, or telephone; any Bids received through any means other than those specified will be returned unopened.

It is the responsibility solely of Bidder to see that its Bid is properly submitted to PlanetBids in proper form and prior to the stated closing time. PLANETBIDS WILL NOT ACCEPT LATE BIDS. City will only consider

Bids that have transmitted successfully and have been issued a confirmation number with a time stamp from PlanetBids indicating that the Bid was submitted successfully. Bidders shall be solely responsible for informing themselves with respect to the proper utilization of PlanetBids, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure

46700.00100\33349674.4 - 11 - SECTION 00200: INSTRUCTIONS TO BIDDERS

of the Bidder to successfully submit an electronic Bid shall be at the Bidder’s sole risk, and no relief will be given for late and/or improperly submitted Bids.

Bidders experiencing any technical difficulties with the bid submission process may contact the PlanetBids

Support at 818-992-1771. If you continue to have difficulty, call the City’s Purchasing Office at 909-395-

2012. Neither the City, nor PlanetBids, make any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission date and/or time.

ARTICLE 15. ADDENDA

The City reserves the right to revise the Contract Documents prior to the bid opening date. Revisions, if any, shall be made by issuing Addenda. All plan holders will be notified by e-mail when an addendum is posted to the bid management system. 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 that includes material changes to the Project 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. Copies of addenda will be issued by the City through the PlanetBids. Bidders must acknowledge receipt of all addenda through the PlanetBids by clicking “acknowledge.” Please Note: Bidders are responsible for ensuring that they have received any and all addenda. Each Bidder should contact the City to verify that it has received all addenda issued, if any, prior to the bid opening. Failure to acknowledge receipt of all addenda may result in bid rejection.

ARTICLE 16. MODIFICATIONS AND UNAUTHORIZED ALTERNATE BIDS

Conditions, limitations, or provisions attached to the Bid may render it non-responsive. The completed Bid

Forms shall be without interlineations, alterations, or erasures in the printed text. Proposals may be rejected if they show any alterations of form, additions not called for, conditional Bids, incomplete Bids, erasures, or irregularities of any kind. If the Bid amount is changed after the amount has been once inserted, the change should be initialed. Alternative Bids will not be considered unless called for.

ARTICLE 17. WITHDRAWAL OF BID

Prior to the bid closing deadline, a Bid may be electronically withdrawn by the Bidder. 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 within five (5) working days, excluding Saturday, Sundays, and State holidays, specifying in detail how the mistake was made.

ARTICLE 18. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID

No bidder shall be allowed to make, submit, or be interested in more than one bid. However, a person, firm, corporation, or other entity that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to the City. No person, firm, corporation, or other entity may submit a subproposal to a bidder, or quote prices of materials to a bidder, when also submitting a prime bid on the same Project.

46700.00100\33349674.4 - 12 - SECTION 00200: INSTRUCTIONS TO BIDDERS

ARTICLE 19. BID PROTEST PROCEDURES

Submitted Bids will be made available for review upon submission of a Public Records Act Request to the

City Clerk’s Office.

Bidders may file a protest of a Bid with the City Clerk. In order for a Bidder’s protest to be considered valid, the protest must:

A. Be filed in writing not later than 5:00 p.m. on the fifth business day (local time) after the City issues a Notice of Intent to Award for the subject project, based on one of the following criteria:;

1. The Bidder’s disagreement with the determination or recommendation by the City regarding the Bidder’s bid;

2. Non-compliance with the Contract Documents;

3. Non-compliance with City policy;

4. Non-compliance with state or federal law.

B. Clearly identify the specific irregularity or basis for the protest;

C. Specify, in detail, the factual and legal grounds for the protest; and

D. Include all relevant supporting documentation with the protest at time of filing.

City Review: The City will review and evaluate the basis of the protest provided the protest is filed in strict conformity with the foregoing. The City shall provide the Bidder submitting the protest with a written statement concurring with or denying the protest. Action by the City relative to the protest will be final and not subject to appeal or reconsideration. 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 protest. Failure to comply with these procedures will constitute a waiver of any right to further pursue the protest, including filing a

Government Code claim or legal proceedings.

All protests filed with the City Clerk shall be delivered to the following address:

City Clerk

City of Ontario

303 East “B” Street

Ontario, CA 91764-4196

ARTICLE 20. BASIS OF AWARD; BALANCED BIDS

The City shall award the Contract to the responsible Bidder submitting a responsive Bid who provides the best value to the City. Selection will be based upon technical merit/qualifications, performance, and cost.

The cost to the City for performing the Work shall be an important, but not an overriding consideration.

City will utilize the following general criteria to select the Bidder for this Work:

1. Qualifications and experience of the Project Manager, Firm, and Subcontractors

46700.00100\33349674.4 - 13 - SECTION 00200: INSTRUCTIONS TO BIDDERS

2. Response to Technical Specifications

3. Performance of work on projects similar to this Project

4. Response to equipment availability and resources

5. Total Bid Price

The City reserves the right to reject any and all bids, to waive any irregularity, or to award the contract to other than the lowest monetary bidder. 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 that unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items.

ARTICLE 21. BID EVALUATION CRITERIA

Upon the closing of the bidding, the City will evaluate and rank each responsive bid using the following criteria and percentages. The responsible bidder with the lowest total points will be considered the lowest responsive. The number of bidders will determine the range of numerical scores for each criterion.

As an example, if there are 5 bidders, the numerical score for each criterion will range from 1 to 5, where

1 is the most responsive and 5 is the least responsive. The score will then be weighted by multiplying it by the percentage assigned. A ranking of 1 on criteria #1 would produce 0.10 points (1 times 10%); similarly, a 3 ranking would produce 0.30 points.

Criteria Description Percentage

1) Subtotal of Bid items G1, RX-1, RX-2, RX-3, RX-4, and VI-1 15%

2) Subtotal of Bid Items M-1 through M-5 60%

3) Experience and qualifications of the Project Manager and Firm 5%

4) Staffing and subcontractor experience 5%

5) Relevant Project experience in the past 36 months performed by the Firm 5%

6) Equipment and resources availability – leased/owned versus rental 5%

7) Safety record 5%

ARTICLE 22. EXECUTION OF CONTRACT

The Bidder will sign and deliver to the City the written Contract, together with all certificates, evidence of insurance and bonds required by the Contract Documents within fifteen (15) days after receipt of the City's

Notice of Award. Failure or refusal to enter into a Contract as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for annulment of the award and forfeiture of the Bid Security. On the failure or refusal of such second or third lowest responsible Bidder to execute the Contract, each such Bidder's Bid Security shall be likewise forfeited to the City.

46700.00100\33349674.4 - 14 - SECTION 00200: INSTRUCTIONS TO BIDDERS

ARTICLE 23. 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. Pursuant to Section 7028.5 of the

Business and Professions Code, the City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to 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.

Notwithstanding anything contained herein, if the Work involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code

Section 20103.5.

ARTICLE 24. PERFORMANCE AND PAYMENT BOND REQUIREMENTS

The successful Bidder will be required to furnish a Labor and Material Payment Bond and a Faithful

Performance Bond each in an amount equal to one hundred percent (100%) of the contract price. Each bond shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and is admitted by the State of California.

Each bond shall be accompanied, upon the request of City, with all documents required by California Code of Civil Procedure Section 995.660 to the extent required by law.

The successful Bidder should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the City notifies the Bidder of the intent to award, the Bidder will have ten (10) consecutive calendar days from the date of this notification to execute the Contract and supply the City with all of the required documents and certifications. Regardless of whether the Bidder supplies the required documents and certifications in a timely manner, the Contract time will begin to run ten (10) calendar days from the date of the notification.

Once the City receives all of the properly drafted and executed documents and certifications from the

Bidder, the City shall issue a Notice to Proceed to that Bidder.

ARTICLE 25. INSURANCE REQUIREMENTS

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

Documents.

ARTICLE 26. WORKERS COMPENSATION

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

ARTICLE 27. 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. These rates are on file and available at the office of the City Clerk or may

46700.00100\33349674.4 - 15 - SECTION 00200: INSTRUCTIONS TO BIDDERS

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).

ARTICLE 28. 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 for the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

ARTICLE 29. RETENTION AND SUBSTITUTION OF SECURITY

The Contract Documents call for monthly progress payments based upon the percentage of the work completed. Unless the City has made findings pursuant to Public Contract Code section 7201 (that the work included in this Contract is substantially complex, and therefore a retention of 10% shall be withheld from each progress payment as provided by the Contract Documents), 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 City will substitute securities for the amount so retained in accordance with Public

Contract Code Section 22300.

END OF INSTRUCTIONS TO BIDDERS

SECTION 00400

BID FORM

BB&K (10/2020) ON-CALL WATER TREATMENT PLANT MAINTENANCE PROGRAM

46700.00100\33349674.4 - 16 - SECTION 00400: BID FORM

NAME OF BIDDER: __________________________________________________________________

The undersigned hereby declare 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 Project:

Ontario Municipal Utilities Company

On-Call Water Treatment Plant Maintenance Program

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 Project in strict accordance with the Contract Documents for the ELECTRONICALLY SUBMITTED TOTAL BID PRICE.

In the event the electronic bid schedule requires unit pricing, final payment shall be determined by the

Engineer from measured quantities of work performed based upon the unit price.

The undersigned agrees that the electronic bid accompanied by this Bid Form constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from and after the bid opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier.

If the Contract Documents specify alternate bid items, the Alternate Additive or Deductive Bid amounts shall be added to or deducted from the Total Bid Price at the City’s sole option. The City can choose to include one or more of the Alternate Bids in the Project. If any of the Alternate Bids are selected by the

City, the resulting amount shall be added to or deducted from Total Bid Price for the Project. The City may select one or more of the Alternate Bids at the stated Bid Price up to sixty (60) days following award of the

Contract. The City can award/select Alternate Bid items at any time(s).

The Contract duration shall commence on the date stated in the City’s Notice to Proceed, and shall be completed by the Contractor in the time specified in the Contract Documents. In no case shall the

Contractor commence construction prior to the date stated in the City’s Notice to Proceed.

Bidder certifies that it is licensed in accordance with the 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 understanding and full consideration of the electronically issued addenda to the Contract Documents.

1. Attached is the required bid security in the amount of not less than 10% of the Total Bid

Price.

2. Attached is the fully executed Non-Collusion Declaration form.

3. Attached is the completed List of Subcontractors form.

4. Attached is the completed Contractor Information and Experience Form.

46700.00100\33349674.4 - 17 - SECTION 00400: BID FORM

5. Attached is the completed Iran Contracting Act Certification form.

6. Attached is the completed Public Works Contractor Registration Certification form.

7. Attached is the completed Contractor’s Certificate Regarding Workers’ Compensation form.

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: _______________________________________________

*Bidder or its authorized representative shall upload an electronic scanned copy of the executed Bid Form to the electronic bid management system.

END OF BID FORM

SECTION 00405

CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION

BB&K (10/2020) ON-CALL WATER TREATMENT PLANT MAINTENANCE PROGRAM

46700.00100\33349674.4 - 18 - SECTION 00405: 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: _______________________________________________

Dated: _______________________________________________

END OF CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION

SECTION 00410

BID BOND

BB&K (10/2020) ON-CALL WATER TREATMENT PLANT MAINTENANCE PROGRAM

46700.00100\33349674.4 - 19 - SECTION 00410: BID BOND

The makers of this bond are,_______________________________________________, as Principal, and, _________________________________________________________, as Surety and are held and firmly bound unto the City of Ontario, hereinafter called the City, in the penal sum of TEN

PERCENT (10%) OF THE TOTAL BID PRICE of the Principal submitted to City for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying bid dated _________________________, 20________, for

____________________________________________________________ (INSERT PROJECT NAME).

If the Principal does not withdraw its bid within the time specified in the Contract Documents; and if bid is rejected or, in the alternate, the Principal is awarded the Contract, signs the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect and upon default of the Principal shall be forfeited to the City, it being expressly understood and agreed that the liability of the Surety for any and all default of the Principal shall be the amount of this obligation as herein stated, as liquidated damages.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall affect its obligation under this bond, and

Surety does hereby waive notice of any such changes.

In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and expenses.

IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this day of , 20 , the name and corporate seal of each corporation.

(Corporate Seal) Contractor/Principal

By: _______________________________________

Title: _______________________________________

(Corporate Seal) Surety

By: _______________________________________

Attorney-in-Fact

(Attach Attorney-in-Fact Certificate) Title: _______________________________________

46700.00100\33349674.4 - 20 - SECTION 00410: BID BOND

Notary 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 , 20 , before me, ______________ Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”)

Notary Public, personally appeared , who proved to Name(s) of Signer(s) 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.

Place Notary Seal Above Signature of Notary Public

OPTIONAL

Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

Individual

Corporate Officer

Title(s)

Partner(s) Limited

General

Attorney-In-Fact

Trustee(s)

Guardian/Conservator

Other: _______________________________

Signer is representing:

Name Of Person(s) Or Entity(ies)

Title or Type of Document

Number of Pages

Date of Document

SECTION 00420

NON-COLLUSION DECLARATION

BB&K (10/2020) ON-CALL WATER TREATMENT PLANT MAINTENANCE PROGRAM

46700.00100\33349674.4 - 21 - SECTION 00420: NON-COLLUSION DECLARATION

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID

The undersigned declares:

I am the ___________________________________ of ___________________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder.

All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted 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,…