CONTRACT DOCUMENTS. City of El Centro Pico Avenue Sewer Lift Station Emergency Generator Replacement Project

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1 CONTRACT DOCUMENTS for the City of El Centro Pico Avenue Sewer Lift Station Emergency Generator Replacement Project prepared by Pro Terra, Engineering & Surveying El Centro, CA City of El Centro Replacement of Emergency Generator at Pico Avenue Sewer Lift Station 10/12kmb/PW LSR A i

2 SPECIFICATIONS CITY OF EL CENTRO PICO AVENUE SEWER LIFT STATION EMERGENCY GENERATOR REPLACEMENT PROJECT TABLE OF CONTENTS VOLUME I DIVISION 0 CONTRACT DOCUMENTS SECTION NOTICE INVITING BIDS SECTION 00100A - INSTRUCTION TO BIDDERS SECTION 00300A - BID FORMS SECTION 00500BA - AGREEMENT SECTION 00610A - PERFORMANCE BOND SECTION 00620A - PAYMENT BOND SECTION 00660A - WORKER S COMPENSATION CERTIFICATE SECTION 00700H - SECTION 00800H - SUPPLEMENTARY SECTION PREQUALIFICATION REQUIREMENTS (BLANK) SECTION PREQUALIFICATION SCORING GUIDE (BLANK) SECTION 00820H - SUPPLEMENTARY (STATE) SECTION PROCEDURE FOR SUBMITTAL OF SUBSTITUTE OR EQUAL PRODUCTS SECTION EMERGENCY GENERATOR REPLACEMENT City of El Centro Replacement of Emergency Generator at Pico Avenue Sewer Lift Station 10/12kmb/PW LSR A i

3 SECTION NOTICE INVITING BIDS RECEIPT OF BIDS: Sealed Bids will be received at the office of the City Clerk, City of El Centro ( the OWNER ), located at 1275 Main Street, El Centro, CA 92243, until 2:00 PM on November 15, 2012 for the PICO AVENUE SEWER LIFT STATION EMERGENCY GENERATOR REPLACEMENT PROJECT ( the WORK ). DESCRIPTION OF WORK: The WORK includes but is not limited to the following items, which are hereby shown not necessarily in order or priority. Bidders must include in their bid their proposed methodology and the steps to be taken for the orderly installation of the new natural gas emergency generator, appurtenances, utility connections, and the decommissioning of existing equipment, with a three (3) hours maximum time disruption of electrical power to the existing sewer lift station. Said methodology shall include providing temporary emergency power available at all times during the duration of the WORK. Installation of a new two (2) inch natural gas line for a new Natural Gas Emergency Generator ( NGEG ) Construction of new concrete slab with preparations for natural gas and electrical power conduits Delivery and installation of new NGEG on top of a new concrete slab and natural gas connection Installation of new Automatic Transfer Switch ( ATS ) & controls compatible with new NGEG Installation of new conduits and new electrical & control wiring from new NGEG to new ATS Test run and trouble shoot of new NGEG, including test run of the rotation of the three (3) phases Removal and disposal of existing diesel emergency generator electrical wirings Removal and disposal of existing ATS electrical wiring and control panels Existing diesel emergency generator decommissioning and the disposal of it out-of-site All incidentals necessary to complete the WORK contained in these specifications in accordance with the latest edition of all applicable technical codes and technical standards, including the Standard Specification for Public Works Construction ( the Greenbook ), the latest edition of the National Electric Code ( the NEC ), and the latest edition of the Natural Gas Association. SITE OF WORK: The site of the WORK is located in the City of El Centro at 1625 Pico Avenue (existing sewer lift station site), on the north side of Pico Avenue, between Imperial Avenue (SR-86) and N. Waterman Avenue. COMPLETION OF WORK: The WORK must be completed within one hundred five (105) calendar days after the commencement date stated in the Notice to Proceed. OPENING OF BIDS: The Bids will be publicly opened and read on 2:00 PM on November 15, 2012 at the above-mentioned office of the OWNER. OBTAINING CONTRACT DOCUMENTS: The Contract Documents are entitled PICO AVENUE SEWER LIFT STATION EMERGENCY GENERATOR REPLACEMENT PROJECT. The Contract Documents may be obtained at the Public Works offices located at 307 W. Brighton, El Centro, CA. BID SECURITY: Each Bid shall be accompanied by a certified or cashier s check or Bid bond in the amount of ten percent (10%) of the total Bid price payable to the City of El Centro as a guarantee that the Bidder, if its Bid is accepted, will promptly execute the Agreement. A Bid shall not be considered unless one of the forms of Bidder s security is enclosed with it. City of El Centro Replacement of Emergency Generator at Pico Avenue Sewer Lift Station /12kmb/PW LSR A

4 BIDS TO REMAIN OPEN: The Bidder shall guarantee the total Bid price for a period of one hundred twenty (120) calendar days after the date of Bid opening. CONTRACTOR S LICENSE CLASSIFICATION: In accordance with the provisions of California law, the OWNER has determined that the successful Bidder shall possess a valid Class A General Engineering Contractor, or, a valid Class C-10 Electrical Contractor, license at the time that the Bid is submitted. Failure to possess the specified license shall render the Bid non-responsive and shall act as a bar to award of the contract to any Bidder not possessing said license at the time of Bid. CALIFORNIA WAGE RATE REQUIREMENTS: In accordance with the provisions of California Labor Code sections 1770 et seq., the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with the standards set forth in such sections for the locality in which the WORK is to be performed. A copy of said wage rates is on file at the office of the OWNER. It shall be mandatory upon the successful Bidder to whom the WORK is awarded and upon any subcontractor under the successful Bidder to pay not less than said specified rates to all workers employed by them in the execution of the WORK. FEDERAL WAGE RATE DETERMINATION: The general prevailing rate of wages, as determined by the Secretary of Labor, are included hereinafter as a part of the Contract Documents; provided, that if there is any difference between the State or Federal wage rates for any given craft or mechanic needed to execute the WORK, it shall be mandatory upon the successful Bidder and any subcontractor to pay the higher of the two (2) rates. RETAINAGE FROM PAYMENTS: The successful Bidder may elect to receive one hundred percent (100%) of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the OWNER, by depositing securities of equivalent value with the OWNER in accordance with the provisions of section of the Public Contract Code. Such securities, if deposited by the successful Bidder, shall be valued by the OWNER, whose decision on valuation of the securities shall be final. Securities eligible for investment under this provision shall be limited to those listed in section of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit or any other security mutually agreed to by the successful Bidder and the OWNER. PRE-BID VISIT TO WORK SITE: Bidders are invited to attend a prebid walk through of the proposed work site, which will be conducted by the OWNER s CONSTRUCTION MANAGER on Wednesday, October 31, 2012 at 9:00 AM. The pre-bid meeting will begin at the Public Works Department located at 307 W. Brighton Avenue, El Centro, CA, and it will continue at the proposed work site located at 1625 Pico Avenue, El Centro, CA. The purpose of the walk through is to acquaint potential Bidders with the site conditions. PROJECT ADMINISTRATION: All communications relative to the WORK shall be directed, in writing, to the following prior to opening of the Bid. City of El Centro 1275 Main Street El Centro, CA Attn: Randy Hines Project Manager Telephone: ( the CONSTRUCTION MANAGER ) CITY S RESPONSES: The City s responses to questions that may be asked will be provided by Addendum. No oral comments shall be of any force or effect with respect to this solicitation. City of El Centro Replacement of Emergency Generator at Pico Avenue Sewer Lift Station /12kmb/PW LSR A

5 OWNER S RIGHTS RESERVED: The OWNER reserves the right to reject any or all Bids, to waive any informality in a Bid, and to make awards to the lowest responsive, responsible Bidder as it may best serve the interest of the OWNER. Date: OWNER: City of El Centro L. Diane Caldwell, City Clerk - END OF NOTICE INVITING BIDS - City of El Centro Replacement of Emergency Generator at Pico Avenue Sewer Lift Station /12kmb/PW LSR A

6 Section 00100A INSTRUCTION TO BIDDERS SECTION 00100A INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS. Terms used in these Instructions to Bidders and the Notice Inviting Bids which are defined in the General Conditions have the meanings assigned to them in the General Conditions. The term Bidder means one who submits a Bid directly to the OWNER, as distinct from a subbidder, who submits a Bid to a Bidder. 2. INTERPRETATIONS AND ADDENDA. 2.1 All questions about the meaning or intent of the Contract Documents are to be directed to the OWNER. Interpretations or clarifications considered necessary by the OWNER in response to such questions will be issued by Addenda. Questions received less than fourteen (14) days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 2.2 Addenda may also be issued to modify the Contract Documents as deemed advisable by OWNER or CONSTRUCTION MANAGER. 3. COMPETENCY OF BIDDERS. In selecting the lowest responsive, responsible Bidder, consideration will be given not only to the Bidder s financial standing but also to the general competency of the Bidder for the performance of the WORK covered by the Bid and completeness of the submitted bid. No Bid for the WORK will be accepted from a Bidder who does not hold a valid California contractor s license applicable to the type of work bid upon at the time of opening Bids. 4. EL CENTRO BUSINESS LICENSE. All Bidders, including subcontractors, that do not already have a business license from the City of El Centro for the WORK will be required to secure the appropriate license from the City before the Agreement can be executed. 5. DISQUALIFICATION OF BIDDERS. More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If the OWNER believes any Bidder is interested in more than one (1) Bid for the WORK, then all Bids in which such Bidder is interested will be rejected. If the OWNER believes that collusion exists among the Bidders, all Bids will be rejected. A party who has quoted prices to a Bidder is not hereby disqualified from quoting prices to other Bidders, or from submitting a Bid directly for the WORK. 6. BIDDER S EXAMINATION OF CONTRACT DOCUMENTS AND SITE 6.1 It is the responsibility of each Bidder before submitting a Bid: (a) To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including technical data referred to below); (b) To visit the site to become familiar with and satisfy Bidder as to the general and local conditions that may affect cost, progress, or performance, of the WORK; (c) To consider Federal, State and local laws and regulations that may affect cost, progress, or performance of the WORK; City of El Centro Replacement of Emergency Generator at Pico Avenue Sewer Lift Station 00100A-1

7 Section 00100A INSTRUCTION TO BIDDERS (d) To study and carefully correlate the Bidder s knowledge and observations with the Contract Documents, and other related data; and (e) To notify the CONSTRUCTION MANAGER of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related data. 6.2 Reference is made to the Supplementary General Conditions for identification of: (a) Those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by the DESIGN CONSULTANT in the preparation of the Contract Documents. The Bidder may rely upon the accuracy of the technical data contained in such reports, however, the interpretation of such technical data, including any interpolation or extrapolation thereof, together with non-technical data, interpretations, and opinions contained therein or the completeness thereof is the responsibility of the Bidder. (b) Those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Utilities) which are at or contiguous to the site that have been utilized by the DESIGN CONSULTANT in the preparation of the Contract Documents. The Bidder may rely upon the accuracy of the technical data contained in such drawings, however, the interpretation of such technical data, including any interpolation or extrapolation thereof, together with nontechnical data, interpretations, and opinions contained in such drawings or the completeness thereof is the responsibility of the Bidder. No geotechnical investigation has been performed. It is the responsibility of Bidder to consider any ground water conditions that may affect their bid estimate. 6.3 Copies of such reports and drawings will be made available by the OWNER to any Bidder on request if said reports and drawings are not bound herein. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which the Bidder is entitled to rely, in section SGC-4.2 of the Supplementary General Conditions has been identified and established. 6.4 Information and data reflected in the Contract Documents with respect to Underground Utilities at or contiguous to the site is based upon information and data furnished to the OWNER and the DESIGN CONSULTANT by the owners of such Underground Utilities or others, and the OWNER does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary General Conditions or the section entitled Protection and Restoration of Existing Facilities of the General Requirements. 6.5 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in sections 4.2, 4.3, and 4.4 of the General Conditions. 6.6 Before submitting a Bid, each Bidder will, at Bidder s own expense, make or obtain any additional examinations, investigations, explorations, tests, and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface, and Underground Utilities) at or contiguous to the site or otherwise which may affect cost, progress, or performance of the WORK or which relate to any aspect of the means, methods, techniques, sequences, or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto which the Bidder deems necessary to determine its Bid for performing the WORK in accordance with the time, price, and other terms and conditions of the Contract Documents. City of El Centro Replacement of Emergency Generator at Pico Avenue Sewer Lift Station 00100A-2

8 Section 00100A INSTRUCTION TO BIDDERS 7. BID FORM. 7.1 The Bid shall be made on the bidding schedule(s) bound herein and the pages may be removed from the bound volume. In the event there is more than one (1) bidding schedule, the Bidder may bid on any individual schedule or on any combination of schedules. The envelope enclosing the sealed bids shall be plainly marked in the upper left-hand corner with the name and address of the Bidder and shall bear the words BID FOR, followed by the title of the Contract Documents for the WORK, the name of the OWNER, the address where bids are to be delivered or mailed to, and the date and hour of opening of bids. The Bid security shall be enclosed in the same envelope with the Bid. 7.2 All blanks on the Bid form must be completed in ink. 7.3 Bids by corporations must be executed in the corporate name by the president, a vice-president (or other corporate officer). Such Bid shall be accompanied by the enclosed certificate of authority to sign, attested by the secretary or assistant secretary, and with the corporate seal affixed. The corporate address and state of incorporation must appear below the signature. 7.4 Bids by partnerships must be executed in the partnership name and be signed by a managing partner, accompanied by evidence of authority to sign and his/her title must appear under the signature and the official address of the partnership must appear below the signature. 7.5 All names must be printed below the signature. 7.6 The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid form. Failure to acknowledge receipt of all Addenda shall render the bid nonresponsive and shall be cause for its rejection. 7.7 The address to which communications regarding the Bid are to be directed must be shown. 7.8 All Bidders must provide evidence of authority to conduct business in California to the extent required by law. 8. QUANTITIES OF WORK. The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of the WORK; the OWNER does not expressly or by implication agree that the actual amount of work or material will correspond therewith, and reserves the right after award to increase or decrease the amount of any unit price item of the WORK in accordance with Article 10 of the General Conditions, to delete any Bid item in its entirety, or to add additional Bid items up to and including an aggregate total amount not to exceed twenty-five percent (25%) of the Contract Price. 9. SUBSTITUTE OR OR EQUAL ITEMS. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier and the name is followed by the words or equal, the Bidder may write the name of a substitute Supplier (which the Bidder considers as an or equal ) in the Proposed Substitute Equipment/Material Supplier List in the Bid form. These substitute Suppliers will only be considered after award of the contract. The procedure for the submittal of substitute or or equal products is specified in section SUBMISSION OF BIDS. The Bid shall be delivered by the time and to the place set forth in the Notice Inviting Bids. It is the Bidder s sole responsibility to see that its Bid is received in proper time. City of El Centro Replacement of Emergency Generator at Pico Avenue Sewer Lift Station 00100A-3

9 Section 00100A INSTRUCTION TO BIDDERS 11. BID SECURITY, BONDS, AND INSURANCE. Each Bid shall be accompanied by a certified or cashier s check or approved Bid bond in the amount stated in the Notice Inviting Bids. Said check or bond shall be made payable to the City of El Centro and shall be given as a guarantee that the Bidder, if awarded the Contract, will enter into an Agreement with the OWNER, and will furnish the necessary insurance certificates, Payment Bond, and Performance Bond; each of said bonds to be in the amount stated in the Supplementary General Conditions. In case of refusal or failure to enter into said Agreement, the check or Bid Bond, as the case may be, shall be forfeited to the OWNER. If the Bidder elects to furnish a Bid Bond as its Bid security, the Bidder shall use the Bid Bond form bound herein, or one conforming substantially to it in form. 12. DISCREPANCIES IN BIDS. In the event there is more than one (1) Bid item in a bidding schedule, the Bidder shall furnish a price for all Bid items in the schedule, and failure to do so will render the Bid nonresponsive and may cause its rejection. In the event of a discrepancy between words and numbers in a Bid Item, the words shall govern. In the event there are unit price Bid items in a bidding schedule and the amount indicated for a unit price Bid item does not equal the product of the unit price and quantity, the unit price shall govern and the amount will be corrected accordingly, and the Bidder shall be bound by said correction. In the event there is more than one (1) Bid item in a bidding schedule and the total indicated for the schedule does not agree with the sum of the prices Bid on the individual items, the prices Bid on the individual items shall govern and the total for the schedule will be corrected accordingly, and the Bidder shall be bound by said correction. 13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS. Unauthorized conditions, limitations, or provisos attached to the Bid will render it informal and may cause its rejection as being non-responsive. The completed Bid forms shall be without interlineations, alterations, or erasures in the printed text. Alternative Bids will not be considered unless called for. Oral, telegraphic, or telephonic Bids or modifications will not be considered. 14. WITHDRAWAL OF BID. The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or its properly-authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids for receipt of Bids prior to the scheduled closing time for receipt of Bids. 15. BID RESULTS. To obtain bid results, provide a self-addressed, stamped envelope, referencing REPLACEMENT OF EMERGENCY GENERATOR AT PICO AVENUE SEWER LIFT STATION PROJECT. Bid tabulation will be mailed after verification of extensions. Bid results will not be given out over the telephone. Bid results may be posted on City s website. 16. AWARD OF CONTRACT. Award of a contract, if it be awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Technical Specifications and as listed in the Named Equipment/Material Supplier List and will be made to the lowest responsive, responsible Bidder whose Bid complies with all the requirements prescribed. Unless otherwise specified, any such award will be made within the period stated in the Notice Inviting Bids that the bids are to remain open. Unless otherwise indicated, a single award will be made for all the Bid items in an individual bidding schedule. In the event the WORK is contained in more than one (1) bidding schedule, the OWNER may award schedules individually or in combination. In the case of two (2) bidding schedules which are alternative to each other, only one of such alternative schedules will be awarded. 17. RETURN OF BID SECURITY. Within fourteen (14) days after award of the contract, OWNER will return the bid securities accompanying such of the bids as are not considered in making the award. All other bid securities will be held until the Agreement has been finally executed. They will then be returned to the respective Bidders whose bids they accompany. City of El Centro Replacement of Emergency Generator at Pico Avenue Sewer Lift Station 00100A-4

10 Section 00100A INSTRUCTION TO BIDDERS 18. EXECUTION OF AGREEMENT. The apparent low bidder will be required to execute a written Agreement with the OWNER on the form of agreement provided, shall secure all insurance, and shall furnish all certificates and bonds required by the Contract Documents within fourteen (14) calendar days after receipt of notification that the bidder is the apparent low bidder. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be considered non-responsive and result in the forfeiture of the bid security. If the lowest responsive, responsible Bidder refuses or fails to execute the Agreement, then the OWNER may proceed to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, then the OWNER may proceed to the third lowest responsive, responsible Bidder and so on. On the failure or refusal of such second, third or other lowest Bidder to execute the Agreement, each such Bidder s Bid securities shall be likewise forfeited to the OWNER. 19. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Agreement. 20. WORKERS COMPENSATION REQUIREMENT. The Bidder should be aware that in accordance with section 3700 of the California Labor Code it will, if awarded the Contract, be required to secure the payment of compensation to its employees and execute the Workers Compensation Certification in the form contained in these Contract Documents. - END OF INSTRUCTIONS TO BIDDERS - City of El Centro Replacement of Emergency Generator at Pico Avenue Sewer Lift Station 00100A-5

11 Section 00300A BID FORMS SECTION 00300A BID FORMS BID TO: CITY OF EL CENTRO 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the OWNER in the form included in the Contract Documents (as defined in Article 6 of the Agreement) to perform the WORK as specified or indicated in said Contract Documents entitled REPLACEMENT OF EMERGENCY GENERATOR AT PICO AVENUE SEWER LIFT STATION PROJECT. 2. Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and Instructions to Bidders, dealing with the disposition of the Bid security. 3. This Bid will remain open for the period stated in the Notice Inviting Bids unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Notice Inviting Bids and the Instructions to Bidders,, and will furnish the insurance certificates, Payment Bond, and Performance Bond required by the Contract Documents. 4. Bidder has examined copies of all the Contract Documents including the following Addenda (receipt of all of which is hereby acknowledged): Number Date 5. Bidder has familiarized itself with the nature and extent of the Contract Documents, the WORK, site, locality where the WORK is to be performed, the legal requirements (Federal, State and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress or performance of the WORK and has made such independent investigations as Bidder deems necessary. To all the foregoing, and including all Bid schedule(s) and information required of Bidder contained in this Bid form, said Bidder further agrees to complete the WORK required under the Contract Documents within the Contract Time set forth in said Contract Documents, and to accept in full payment therefore the Contract Price based on the total Bid price(s) named in the aforementioned bidding schedule(s). Dated: Bidder: By: Title: (Signature) City of El Centro Replacement of Emergency Generator At Pico Avenue Sewer Lift Station 00300A-1

12 Section 00300A BID FORMS BID SCHEDULE Schedule of prices for construction of: REPLACEMENT OF EMERGENCY GENERATOR AT PICO AVENUE SEWER LIFT STATION PROJECT in accordance with the Contract Documents. Item No. Description Units Estimated Quantity Unit Price Amount 1. Mobilization and Bonds LS 1 $ $ 2. New 2 Natural Gas Pipeline: from gas meter to new Genset LF 325 $ $ 3. New Concrete Slab EA 1 $ $ 4. New Electrical Wiring and Conduit: form new Genset to ATS LF 75 $ $ 5. Temporary electrical power and ATS during construction EA 1 $ $ 6. Disconnect, removal and disposal of existing ATS EA 1 $ $ 7. New ATS equipment, controls, electrical wiring and installation EA 1 $ $ 8. New Genset equipment, delivery, installation and testing EA 1 $ $ 9. Decommission of existing Diesel Generator, removal & disposal EA 1 $ $ TOTAL BID PROPOSAL $ $ Genset = New Natural Gas Emergency Generator 200 kw / 480 amps / 60 Hz / 3 phase / 1800 RPM TOTAL BID PRICE FOR BID SCHEDULE written in words:. dollars and cents Successful Bidder will be based on the lowest total Bid proposal Bidders must include in their Bid their proposed methodology and the steps to be taken for the orderly installation of the new natural gas emergency generator, appurtenances, utility connections, and the decommissioning of existing equipment, with a three (3) hours maximum time disruption of electrical power to the existing sewer lift station. Said methodology shall include providing temporary emergency power available at all times during the duration of the WORK. City of El Centro Replacement of Emergency Generator At Pico Avenue Sewer Lift Station 00300A-2

13 Section 00300A BID FORMS LIST OF SUBCONTRACTORS The Bidder shall list below the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the Bidder in or about the construction of the WORK, or a subcontractor licensed by the State who, under subcontract to the Bidder, specially fabricates and installs a portion of the WORK according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent (.5%) of the Bidder s total Bid. The Bidder shall also list below the portion of the work which will be done by each subcontractor under this contract. The Bidder shall list only one (1) subcontractor for each portion of the WORK. If the Bidder does NOT intend to use ANY subcontractors, then state NONE in the first block. The Bidder s attention is directed to the provisions of the section entitled Subcontract Limitations of the Supplementary General Conditions which sets forth the percent of the WORK to be performed with the Bidders own forces. Failure to comply with this requirement will render the Bid non-responsive and may cause its rejection. NAME AND ADDRESS OF SUBCONTRACTOR DESCRIBE NATURE OF WORK PERCENT OF CONTRACT USE ADDITIONAL FORMS AS NECESSARY City of El Centro Replacement of Emergency Generator At Pico Avenue Sewer Lift Station 00300A-3

14 Section 00300A BID FORMS EQUIPMENT AND MATERIALS NAMED EQUIPMENT/MATERIAL SUPPLIER LIST: The Bidder shall indicate below which named Supplier the Bidder intends to furnish under the Bid for each item of equipment or material listed on this form by writing in one of the named suppliers specified in the Technical Specifications for that equipment or material (proposed substitutes may be listed on the Proposed Substitute Equipment/Material Supplier List form but will only be considered after award of the contract). If no supplier is named in the Technical Specifications, the Bidder may list any supplier whose product meets all of the requirements and technical criteria specified. The listing of more than one (1) supplier for each equipment/material to be furnished with the words and/or will not be permitted. Failure to comply with this requirement will render the Bid non-responsive and may cause its rejection. EQUIPMENT OR MATERIAL SUPPLIERS SPECIFIED IN THE TECHNICAL SPECIFICATIONS PROPOSED SUPPLIER (to be provided by the Bidder) USE ADDITIONAL FORMS AS NECESSARY City of El Centro Replacement of Emergency Generator At Pico Avenue Sewer Lift Station 00300A-4

15 Section 00300A BID FORMS EQUIPMENT AND MATERIALS PROPOSED SUBSTITUTE EQUIPMENT/MATERIAL SUPPLIER LIST: The Bidder proposes the following Suppliers of substitute or or equal products identified below: Equipment Substitute Item Supplier or Material Drawing No. Spec. Section (List Only One) Note: These Suppliers will only be considered after award of the contract. The procedure for the submittal of substitute or or equal products is specified in the General Requirements. City of El Centro Replacement of Emergency Generator At Pico Avenue Sewer Lift Station 00300A-5

16 Section 00300A BID FORMS GENERAL INFORMATION BIDDER S GENERAL INFORMATION: The Bidder shall furnish the information requested herein. Additional sheets shall be attached as required. Failure to complete Item Nos. 1 through 4 will cause the Bid to be non-responsive and shall cause its rejection. In any event, no award will be made until all of the Bidder s general information (i.e., items 1 through 8, inclusive) is delivered to the OWNER. INFORMATION TO BE PROVIDED BY ALL BIDDERS WITH BID SUBMITTAL: (1) Bidder s name and address: (2) Bidder s telephone number: FAX number: (3) Bidder s Contractor s license: Primary classification California State License No. and Expiration Date Supplemental classifications held, if any: Name of Licensee, if different from (1) above: To be considered for award, the Bidder shall have completed at least three (3) projects of similar type and complexity and comparable value (lift stations and emergency generator replacement projects). INFORMATION TO BE PROVIDED, ONLY BY THE APPARENT LOW BIDDER, TEN (10) DAYS AFTER OPENING OF THE BID: (4) Name of person who inspected site of the WORK for your firm: Name: Date of Inspection: (5) Name, address, and telephone number of surety company and agent who will provide the required bonds on this contract: City of El Centro Replacement of Emergency Generator At Pico Avenue Sewer Lift Station 00300A-6

17 Section 00300A BID FORMS NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ) ss. County of ), being first duly sworn, deposes and says that he or she is of the party making the foregoing Bid that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that 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, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Bid are true; and further, that 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, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. Signed: Title: Subscribed and sworn to before me this day of, 20 Notary Public (SEAL) City of El Centro Replacement of Emergency Generator At Pico Avenue Sewer Lift Station 00300A-7

18 Section 00300A BID FORMS BID BOND KNOW ALL MEN BY THESE PRESENTS, That as Principal, and as Surety, are held and firmly bound unto the City of El Centro, hereinafter called OWNER, in the sum of dollars, (not less than ten percent (10%) of the total amount of the Bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to the OWNER to perform the WORK required under the bidding schedule(s) of the OWNER s Contract Documents entitled. NOW THEREFORE, if said Principal is awarded a contract by the OWNER and, within the time and in the manner required in the Notice Inviting Bids and the Instructions to Bidders enters into a written Agreement on the form of agreement bound with said Contract Documents, furnishes the required certificates of insurance, and furnishes the required performance bond and payment bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by the OWNER and the OWNER prevails, said Surety shall pay all costs incurred by the OWNER in such suit, including a reasonable attorney s fee to be fixed by the court. SIGNED AND SEALED, this day of, 20 (Principal) (SEAL) (Surety) (SEAL) By: (Signature) By: (Signature) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) City of El Centro Replacement of Emergency Generator At Pico Avenue Sewer Lift Station 00300A-8

19 Section 00300A BID FORMS CERTIFICATE (if Corporation) STATE OF ) ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of the, a corporation existing under the laws of the State of, held on, 20, the following resolution was duly passed and adopted: RESOLVED, that as President of the Corporation, be and is hereby authorized to execute the Bid dated, 20, to the CITY OF EL CENTRO and this corporation and that his execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation. I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of, 20. (SEAL) Secretary City of El Centro Replacement of Emergency Generator At Pico Avenue Sewer Lift Station 00300A-9

20 Section 00300A BID FORMS CERTIFICATE (if Partnership) STATE OF ) ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of, a Partnership existing under the laws of the State of, held on, 20, the following resolution was duly passed and adopted: RESOLVED, that as of the Corporation, be and is hereby authorized to execute the Bid dated, 20, to the CITY OF EL CENTRO and this Partnership and that his execution thereof, attested by the of the Partnership, shall be the official act and deed of this Partnership. I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day of, 20. Signature Title City of El Centro Replacement of Emergency Generator At Pico Avenue Sewer Lift Station 00300A-10

21 Section 00300A BID FORMS CERTIFICATE (if Joint Venture) STATE OF ) ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Principals of, a Joint Venture existing under the laws of the State of, held on, 20, the following resolution was duly passed and adopted: RESOLVED, that as of the Joint Venture, be and is hereby authorized to execute the Bid dated, 20, to the CITY OF El CENTRO and this Joint Venture and that his execution thereof, attested by the of the Joint Venture, shall be the official act and deed of this Joint Venture. I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day of, 20. Signature Title - END OF BID FORMS - City of El Centro Replacement of Emergency Generator At Pico Avenue Sewer Lift Station 00300A-11

22 SECTION 00500BA AGREEMENT Particulars left blank will be filled with project specific information as outlined in these bid documents. THIS AGREEMENT is dated as of the day of in the year 20, by and between the City of El Centro ( OWNER ) and ( CONTRACTOR ). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK indicated in the OWNER s Contract Documents entitled PICO AVENUE SEWER LIFT STATION EMERGENCY GENERATOR REPLACEMENT PROJECT. DESCRIPTION OF WORK: The WORK includes - but is not limited to the following items, which are hereby shown not necessarily in order or priority. Bidders must include in their Bid their proposed methodology and the steps to be taken for the orderly installation of the new natural gas emergency generator, appurtenances, utility connections, and the decommissioning of existing equipment, with a three (3) hours maximum time disruption of electrical power to the existing sewer lift station. Said methodology shall include providing temporary emergency power available at all times during the duration of the WORK. Installation of a new two (2) inch natural gas line for a new NGEG Construction of new concrete slab with preparations for natural gas and electrical power conduits Delivery and installation of new NGEG on top of a new concrete slab and natural gas connection Installation of new ATS & controls compatible with new NGEG Installation of new conduits and new electrical & control wiring from new NGEG to new ATS Test run and trouble shoot of new NGEG, including test run of the rotation of the three (3) phases Removal and disposal of existing diesel emergency generator electrical wirings Removal and disposal of existing ATS electrical wiring and control panels Existing diesel emergency generator decommissioning and the disposal of it out-of-site All incidentals necessary to complete the work contained in these specifications in accordance with the latest edition of all applicable technical codes and technical standards, including the Greenbook, the latest edition of the NEC, and the latest edition of the Natural Gas Association. ARTICLE 2. CONTRACT TIME. The WORK will be completed within one hundred five (105) calendar days after the commencement date stated in the Notice to Proceed. ARTICLE 3. LIQUIDATED DAMAGES. The OWNER and the CONTRACTOR recognize time is of the essence of this Agreement and that the OWNER will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the City of El Centro Replacement of Emergency Generator At Pico Avenue Sewer Lift Station 00610A-1

23 delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the OWNER if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the OWNER and the CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) the CONTRACTOR shall pay the OWNER two thousand dollars ($2,000) per day for each day that expires after the time specified in Article 2 herein. ARTICLE 4. CONTRACT PRICE. The OWNER shall pay the CONTRACTOR for completion of the WORK in accordance with the Contract Documents in current funds the amount set forth in the Bid schedule(s). ARTICLE 5. PAYMENT PROCEDURES. The CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for payment will be processed by the CONSTRUCTION MANAGER as provided in the General Conditions. ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between the OWNER and the CONTRACTOR concerning the WORK consist of this Agreement (pages 00500BA-1 to 00500BA-4, inclusive) and the following attachments to this Agreement: 6.1 Notice Inviting Bids. 6.2 Instructions to Bidders. 6.3 Bid Form including the Bid, Bid Schedule(s), List of Subcontractors, Bid Bond, and all required certificates and affidavits. 6.4 Performance Bond. 6.5 Payment Bond. 6.6 Workers Compensation Certificate. 6.7 General Conditions including the Greenbook. 6.8 Supplementary General Conditions. 6.9 Supplementary General Conditions, California State Requirements Technical Specifications, as listed in the Table of Contents Drawings, as listed in the Table of Contents/List of Drawings Addenda which may be delivered or issued prior to the bid opening are not attached hereto Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. City of El Centro Replacement of Emergency Generator At Pico Avenue Sewer Lift Station 00610A-2

24 There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Article 3.4 of the General Conditions. ARTICLE 7. MISCELLANEOUS. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The OWNER and the CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the OWNER and the CONTRACTOR have caused this Agreement to be executed the day and year first above written. OWNER: CITY OF EL CENTRO CONTRACTOR: By Attest CITY MANAGER CITY CLERK By [CORPORATE SEAL] Attest License No. Approved as to Form: By (Signature) CITY ATTORNEY - END OF AGREEMENT - City of El Centro Replacement of Emergency Generator At Pico Avenue Sewer Lift Station 00610A-3

25 SECTION 00610A PERFORMANCE BOND Whereas, The City Council of the City of El Centro, State of California, and (hereinafter designated as principal ) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated, 20, and identified as project Pico Avenue Sewer Lift Station Emergency Generator Replacement Project, is hereby referred to and made a part hereof; and Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and, as surety, are held and firmly bound unto the City of El Centro (hereinafter designated as El Centro ) in the penal sum of dollars ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above-bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless El Centro, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney s fees, incurred by El Centro in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In Witness Whereof, this instrument has been duly executed by the principal and surety above named, on, 20. (CONTRACTOR) (Surety) By: (Signature) By: (Signature) - END OF PERFORMANCE BOND - City of El Centro Replacement of Emergency Generator At Pico Avenue Sewer Lift Station 00610A-4

26 Section 00620A PAYMENT BOND SECTION 00620A PAYMENT BOND Whereas, The City Council of the City of El Centro, State of California, and (hereinafter designated as the principal ) have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated, 20, and identified as project Pico Avenue Sewer Lift Station Emergency Generator Replacement Project, is hereby referred to and made a part hereof; and Whereas, Under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of El Centro to secure the claims to which reference is made in Title 15 (commencing with section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, the principal and the undersigned as corporate surety, are held firmly bound unto the City of El Centro and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with section 3082) of Part 4 of Division 3 of the Civil Code in the sum of dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney s fees, incurred by the City of El Centro in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on, 20. (CONTRACTOR) (Surety) By: (Signature) By: (Signature) - END OF PAYMENT BOND - City of El Centro Replacement of Emergency Generator At Pico Avenue Sewer Lift Station 00620A-1