CITY OF SAN MATEO, CALIFORNIA WASTEWATER TREATMENT PLANT DIGESTER CLEANING ***** CITY COUNCIL AWARD CONTRACT BOOK

Transcription

1 ***** CITY COUNCIL AWARD CONTRACT BOOK CONTENTS NOTICE INVITING SEALED PROPOSALS INSTRUCTIONS TO BIDDERS 1. INSTRUCTIONS TO BIDDERS AND PURCHASE CONTRACT CONDITIONS 2. PROPOSAL FORMS 3. GENERAL CONTRACT REQUIREMENTS 4. SPECIFIC CONTRACT TERMS AND REQUIREMENTS 5. TECHNICAL SPECIFICATIONS 6. AGREEMENT Q:\pw\PWENG\Russell\2015\WWTP - Digester Cleaning\ RFP_clean - revised_ docx -1-

2 NOTICE INVITING SEALED PROPOSALS 1. Sealed bids will be received by the City Clerk of the City of San Mateo, California, for as described in the Instructions to Bidders. 2. The Contract Book and proposal forms are available at the Public Works Department, City Hall, 330 West 20th Avenue, San Mateo, California A non-refundable fee of $10.00 per set is required if picked up or $15.00 for each set if mailed. The Contract Book and proposal forms are also available as a free download at Contractors who download the documents will not be added to the plan holder list or notified of any addenda. Addenda will be available as a download at the same web location. Any questions regarding the contract documents should be directed to Ryan Smith, at 650/ or in writing to 330 W. 20 th Avenue, San Mateo, CA Contractors are notified that they shall comply with the requirements for Non-Discrimination as set forth in the General Contract Requirements. 4. Contractor shall have a minimum of five (5) years experience cleaning digesters or pumping sludge. 5. Submittals to include: a. Construction Schedule Submittals b. Insurance as required c. Payment and Performance Bonds d. Piping schematic e. Cut sheets on pumps to be used f. Safety training and certifications as required for the work including confined space entry g. Confined space and fall prevention plan 6. Digester cleaning shall be completed within 30 days from notice to proceed. 7. Addenda issued during the time of bidding shall become a part of the documents furnished to bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of the Contract. Each bid shall include specific acknowledgement in the space provided of receipt of all Addenda issued during the bidding period. Failure to acknowledge may result in the bid being rejected as not responsive. Failure of any bidder to receive such Addenda shall not be grounds for non-compliance with the terms of the instructions. It is the responsibility of the Contractor to determine the existence of any and all addenda. 8. The term of the contract will begin on or about August 1, 2015 and end on or about September 30, In general, the prevailing wage scale, as determined by the Director of Industrial Relations of the State of California, in force on the day this bid was announced, will be the minimum paid to all craftsmen and laborers working on this project. In some cases, prevailing wage determinations have either a single asterisk (*) or double asterisks (**) after the expiration date in effect on the date of advertisement for bids. Q:\pw\PWENG\Russell\2015\WWTP - Digester Cleaning\ RFP_clean - revised_ docx -2-

3 In cases where the prevailing wage determinations have a single asterisk (*) after the expiration date which are in effect on the date of advertisement for bids, such determinations remain in effect for the life of the project. Prevailing wage determinations which have double asterisks (**) after the expiration date indicate that the basic hourly wage rate, overtime, and holiday pay rates, and employer payments to be paid for work performed after this date have been predetermined. If work is extended past this date, the new rate must be paid and should be incorporated in contract the Contractor enters into. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. The wages as set forth in the General Prevailing Wage Rates for this project will be posted at the job site. It is understood that it is the responsibility of the bidder to determine the correct scale. The City will keep a copy of the wage scale in the City Clerk s office for the convenience of bidders. The State Prevailing Wage Rates may also be obtained from the California Department of Industrial Relations internet web site at Any errors or defects in the materials in the City Clerk s office will not excuse a bidder s failure to comply with the actual scale then in force. 10. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 11. The right is reserved, as the interest of the City may require, to reject any or all bids, to waive any informality in bids, and to accept, modify, or reject any items of the bid, or in the case of a single bid being received to extend the acceptance date by up to thirty (30) days with notice. The City of San Mateo is a charter City and any contract entered into is subject to the provisions of the City of San Mateo Charter, which may supersede certain provisions of the Public Contract Code and other provisions of state law. 12. A mandatory pre-bid meeting is scheduled to be held on Thursday, June 18, 2015 at 10:00 a.m. This pre-bid meeting shall be held at the City of San Mateo Wastewater Treatment Plant, 2050 Detroit Drive, San Mateo, CA The meeting shall be approximately one hour. The Contract Book WILL NOT be available at this meeting. This is a mandatory pre-bid meeting. Failure to sign-in and attend the walk-through will disallow submitted bids. 13. Said sealed proposals shall be marked Sealed Proposal WASTEWATER TREATMENT PLANT and shall be delivered to the City Clerk, City Hall, 330 West 20th Avenue, San Mateo, California 94403, at or before 2:00 p.m., Thursday, July 9, 2015 and they shall be opened and read by a City Representative at said date and time at a public meeting called by him. 14. Said City Representative shall report the results of the bidding to the City Council at a later date, at which time the City Council may award the contract to the lowest responsible bidder as so reported; or as the City's interest may dictate. The City Council may exercise its right to modify the award or to reject any or all bids. Any protests to award of contract shall follow the procedures outlined in City Council Resolution No. 61, dated June 7, Dated: June 4, 2015 Q:\pw\PWENG\Russell\2015\WWTP - Digester Cleaning\ RFP_clean - revised_ docx -3- /S/ MAUREEN FRESCHET, MAYOR

4 SECTION 1. INSTRUCTIONS TO BIDDERS AND PURCHASE CONTRACT CONDITIONS 1.1 EXPLANATIONS TO BIDDERS All questions and any explanations desired by a bidder regarding the meaning, or interpretation of the solicitation, specifications, contract etc., must be requested in writing and directed to the name listed on the Notice Inviting Sealed Proposals not later than seven (7) days prior to the due date specified in the solicitation. Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective bidder concerning a solicitation will be furnished to all prospective bidders in writing as an amendment to the solicitation, if such information is necessary to bidders in submitting bids on the solicitation or if the lack of such information would be prejudicial to uninformed bidders. 1.2 SUBMISSION OF BIDS The original and one (1) copy of the entire Contract Book shall be signed and submitted complete. Original shall be noted or stamped original. Failure to return the entire Contract Book with the offer will result in disqualification of the bidder. Bids and modifications thereof shall be enclosed in a sealed envelope(s) and addressed to the office specified in the solicitation. 1.3 PREPARATION OF BIDS 1.31 Bidders are expected to examine the specifications, schedules and all instructions. Failure to do so will be at the bidder's risk All bids shall be considered to be in strict compliance with the bid invitation specifications and the successful bidder will be held responsible therefore unless any and all variations from the specifications are clearly described and sufficient supporting data is submitted with the bid to show their equivalency to the specifications Each bidder shall furnish all information required by the solicitation. To be eligible for award the bidder must sign the solicitation proposal forms and print or type their name in the space provided. Bids signed by an agent are to be accompanied by evidence of their authority unless such evidence has been previously furnished If the total price is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total. Written unit prices and item totals will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Q:\pw\PWENG\Russell\2015\WWTP - Digester Cleaning\ RFP_clean - revised_ docx -4-

5 1.4 The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity, which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the City of San Mateo, and that discretion will be exercised in the manner deemed by the City of San Mateo to best protect the public interest in the prompt and economical completion of the work. The decision of the City of San Mateo respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final. 1.5 The prices quoted shall remain firm until all services requirements are completed. 1.6 When indicated, the City of San Mateo will use prompt payment discount terms when evaluating Bids, however, discounts terms of less the twenty (20) days will not be considered. The minimum acceptable payment terms without benefit of twenty (20) day discount shall be NET 30 days. List prompt payment discounts offered on page 1 of the solicitation. 1.7 Taxes shall NOT be included in the bid prices. 1.8 Time, if stated as a number of days, will include Saturdays, Sundays and holidays. 1.9 Bidders are cautioned to note any requirement for certification of understanding shown in the Solicitation. Bidders signing such certificates indicate understanding and agreement to comply with the specifications and will be held fully responsible AWARD OF CONTRACT. The right is reserved to reject any and all proposals. The award of contract, if awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed, or has demonstrated, to the satisfaction of the City, adequate good faith efforts to do so. In determining the award, careful consideration by City shall be given to each item of bid. The City reserves the right to amend or reject any or all proposals and also to select, modify, or reject any of the bid items as City sees in its best interest LOWEST RESPONSIBLE BIDDER. In order to promote the policy declared above, contracts for public works will be awarded only to such bidders as are determined to meet the following qualifications of lowest responsible bidder. The lowest responsible bidder shall be the bidder who bids to provide the goods and services according to the contract requirements therefore for the least amount of money; provided the bidder has the ability, capacity and, when necessary the required State or other license. In determining to whom the award is to be made, the awarding authority may consider, in addition to the bid or quotation received, the experience of the bidder for the particular service sought, the quality of work that the bidder has done, the quality of the product or materials provided by the bidder, the ability of the bidder to complete the project in a timely manner, the safety compliance record of the bidder, and the insurance carried by the bidder. Q:\pw\PWENG\Russell\2015\WWTP - Digester Cleaning\ RFP_clean - revised_ docx -5-

6 1.12 EXAMINATION OF THE SITE AND OTHER BIDDER RESPONSIBILITES. It is further the bidder s responsibility to be cognizant of all the factors involved in furnishing labor and equipment to complete the digester cleaning. Such factors include, but are not limited to, complete familiarity with the layout of the City s facilities. Bidder must assure the availability of an adequate staff and equipment and be able to keep a close liaison with City staff concerning scheduling or any problems related to the digester cleaning MANDATORY PRE-BID MEETING AND CONFERENCE. A mandatory pre-bid meeting is scheduled to be held on Wednesday, June 10, 2015 at 10:00 a.m. This pre-bid meeting shall be held at the City of San Mateo Wastewater Treatment Plant, 2050 Detroit Drive, San Mateo, CA The meeting shall be approximately one hour. The Contract Book WILL NOT be available at this meeting. This is a mandatory pre-bid meeting. Failure to sign-in and attend the walk-through will disallow submitted bids. SECTION 2. GENERAL CONTRACT REQUIREMENTS 2.1 INSURANCE 2.10 REQUIRED INSURANCE: The Contractor shall provide and maintain Insurance per Section 8 of the Agreement POLICY ENDORSEMENT: Prior to commencement of services, insurance coverage must be evidenced by a properly executed policy endorsement showing that the insurance is primary with respect to any insurance or self insurance programs of City of San Mateo and Estero Municipal Improvement District, their elected and appointed officials, employees, and agents and additional insured coverage in addition to a certificate of insurance (sample endorsement attached) and it shall name "The City of San Mateo and The Estero Municipal Improvement District, their elected and appointed officials, employees, and agents, as additional insureds." 2.12 NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "But failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. To prevent delay and insure compliance with the requirements of the specifications, the insurance certificates and endorsements must be returned to: BRAD B. UNDERWOOD, DIRECTOR OF PUBLIC WORKS CITY OF SAN MATEO 330 W. 20 th Avenue SAN MATEO, CA Q:\pw\PWENG\Russell\2015\WWTP - Digester Cleaning\ RFP_clean - revised_ docx -6-

7 SAMPLE ENDORSEMENT FORM FOR COMMERCIAL GENERAL LIABILITY POLICY NUMBER: COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. AUTOMOBILE LIABILITY COVERAGE PART. Name of person or organization: SCHEDULE The City of San Mateo and The Estero Municipal Improvement District, their elected and appointed officials, employees and agents are named as additional insured. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. This insurance shall apply as primary insurance as respects any Person, Organization, Partnership or Joint Venture named above, and any other insurance available to such Person, Organization, Partnership or Joint Venture shall be excess and not contributory with the insurance afforded by this policy. Q:\pw\PWENG\Russell\2015\WWTP - Digester Cleaning\ RFP_clean - revised_ docx -7-

8 2.2 NON-DISCRIMINATION POLICY. It is the policy of the City of San Mateo that all qualified persons are to be afforded equal opportunities of employment on any public works contract entered into with the City. 2.3 STANDARDS OF NON-DISCRIMINATION A. The successful bidder shall undertake action to ensure that applicants and employees are treated fairly such that the principles of equal opportunity in employment are demonstrated positively and aggressively during employment, without regard to race, color, religion, sex, disability, or national origin. B. In all advertisements for labor or other personnel or requests for employees of any nature, the successful bidder shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 2.4 CERTIFICATION OF NON-DISCRIMINATION. Each bidder on any contract shall sign the certification of nondiscrimination, which is a part of the proposal form. 2.5 MEDIATION. Please see agreement Section ATTORNEY FEES. Please see agreement Section HOLD HARMLESS AND INDEMNITY PROVISION. Please see agreement Section 9. Q:\pw\PWENG\Russell\2015\WWTP - Digester Cleaning\ RFP_clean - revised_ docx -8-

9 SECTION 3. SPECIFIC CONTRACT TERMS AND REQUIREMENTS: 3.1 GUARANTEE. The Contractor warrants and guarantees that equipment used are of the type and quality specified herein. If in the opinion of the City, the equipment is found to be imperfect or of a grade inferior to that set forth in the requirements or are found to be deficient against any other standard set forth in the contract, they will be rejected and must be replaced without expense to the City. The Contractor understands that prompt digester cleaning is critical to the wastewater treatment plants operations. The Contractor warrants and guarantees to meet requirements set forth in this document. In the event of failure to comply with the above-mentioned conditions within a reasonable time after notice, the City will take all necessary steps to complete the digester cleaning, at the expense of the Contractor, who agrees to pay the costs and charges therefore immediately upon demand. The signing of the agreement by the Contractor shall constitute execution of the above guarantees. 3.2 GOODS TO BE SUPPLIED AND WORK TO BE PERFORMED. The Contractor shall perform all work necessary to complete the contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish and provide all materials, equipment, tools, labor and incidentals necessary to complete the digester cleaning. 3.3 CHANGES INITIATED BY THE AGENCY. The City of San Mateo reserves the right to change the scope of this contract in order to align the contract price to the monies available. The City shall have full authority and discretion to determine the decrease or increase in quantities required. The Contractor shall not be entitled to any additional compensation or adjustment in the unit prices quoted because of the above-stated alteration of this supply contract. 3.4 TERM OF CONTRACT AND PRICES. The term of the contract will begin on or about August 1, 2015 and be completed within 30 days from the notice to proceed. Contractors providing quote shall be bound by the price listed in their quote for this period. The city reserves the right to cancel this contract with thirty (30) days notice at any time after July 1, PAYMENT Shall be made on a thirty (30) day net basis upon completion of the digester cleaning and receipt of invoice. 3.6 GENERAL Except as directed otherwise in these specifications, full compensation for completing all of the work indicated herein is considered to be included in the contract unit prices paid for the various items of work and no separate payment will be made therefore. Q:\pw\PWENG\Russell\2015\WWTP - Digester Cleaning\ RFP_clean - revised_ docx -9-

10 3.7 The Contractor shall show means and ability to provide immediate cleanup of any spillage during the cleaning of the digester. Subject to the provisions hereof concerning hazardous waste, the Contractor shall be fully responsible for all costs associated with the cleanup or mitigation of spills during cleaning of the digester. The Contractor shall provide a written report within five (5) days describing any spillage incident, including at a minimum, the date, time and location of the spill, the amount of material spilled, the methods used to clean up the spill, the cause of the spill, steps taken to prevent reoccurrence of a similar spill, and certification that the spill has been cleaned up to the satisfaction of any and all agencies having jurisdiction. 3.8 SAFETY REQUIREMENTS AND TRAINING Contractor shall provide documentation of safety training and certifications as required for the digester cleaning work including confined space entry training to the Wastewater Treatment Plant Manager and shall be responsible for all costs associated with the training. Contractor shall provide their confined space and fall prevention plan. Contractor shall provide their gas purging plan. Q:\pw\PWENG\Russell\2015\WWTP - Digester Cleaning\ RFP_clean - revised_ docx -10-

11 PROPOSAL FORM (Entire proposal to be submitted as sealed bid.) TO THE HONORABLE CITY COUNCIL CITY OF SAN MATEO, CALIFORNIA DEAR COUNCIL MEMBERS: FOR THE TOTAL SUM OF (use figures only) for Wastewater Digester Cleaning computed from the unit prices shown on the attached schedule of bid items, the undersigned hereby proposes and agrees that if this proposal is accepted he will contract with the City of San Mateo, California, to furnish all labor, materials, tools, equipment, transportation, and all incidental work and services required to complete all items of work shown in the contract documents. This proposal is also subject to the terms and conditions of the attached BIDDER'S STATEMENT. ADDENDA This proposal is submitted with respect to the changes to the contract included in the addenda number/s. By my signature on this proposal I certify, under penalty of perjury under the laws of State of California and United States of America, that the Non Collusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106 is true and correct. The work shall be paid for at the unit prices shown on the attached SCHEDULE OF BID ITEMS. Contractor's Signature Date Name of Company ( ) Phone Number ( ) Fax Number Q:\pw\PWENG\Russell\2015\WWTP - Digester Cleaning\ RFP_clean - revised_ docx -11-

12 If this proposal shall be accepted and the undersigned shall fail to enter into the contract and furnish the bond(s) in the sums required by the State Contract Act, with surety satisfactory to the City Of San Mateo, within 8 days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from the City of San Mateo that the contract has been awarded, the City of San Mateo may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of the security accompanying this proposal shall operate and the same shall be the property of the City of San Mateo. By my signature on this proposal, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and he proposes, and agrees if this proposal is accepted, that he will contract with the City of San Mateo, in the form of the copy of the contract annexed hereto, will supply all equipment, labor, and material as required by the Contract Book and listed in accordance with this contract, and do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements set forth, and that he will take in full payment therefore the following prices, as shown on the Schedule of Bid Items. Q:\pw\PWENG\Russell\2015\WWTP - Digester Cleaning\ RFP_clean - revised_ docx -12-

13 SCHEDULE OF BID ITEMS (To be submitted with Proposal Form) DESCRIPTION OF WORK Digester Cleaning Scope of Services TOTAL COST Contractor shall at their expense and in accordance with California prevailing wage requirements pump the contents of one digester and its standpipe to a designated in-plant connection point where it will be deragged and degritted by existing plant equipment. Services shall include: 1. Mobilization and Demobilization 2. Submittals to include: a. Construction Schedule Submittals b. Insurance as required c. Payment and Performance Bonds d. Piping schematic e. Cut sheets on pumps to be used f. Safety training and certifications as required for the work including confined space entry g. Confined space and fall prevention plan 3. All equipment, materials, and labor required to dewater the digester and its standpipe, pumping the material into the discharge header of a pump assembly approximately 300 LF from the point of extraction. Plumb temporary piping into said discharge header. 4. Furnish, install, and remove temporary sludge transfer line. 5. Provide nitrogen purging gas and purge the digester to remove all flammable and toxic gasses prior to entry. 6. Furnish, install, and remove temporary scaffolding and stair tower required for performing the cleaning activity from the manway access hatch on the side of the digester. 7. Work cooperatively with staff to allow continued uninterrupted operation of the treatment plant. Limit the discharge of the sludge to the said discharge header to a rate not to exceed 200 gpm, though at times may be required to reduce flow to 100 gpm or halt dewatering as this project will impact plant operations. 8. Take reasonable steps to minimize odors from the dewatering operation. Q:\pw\PWENG\Russell\2015\WWTP - Digester Cleaning\ RFP_clean - revised_ docx -13-

14 9. Contain and clean up spilled sludge. No sludge may enter a storm drain inlet or otherwise escape the perimeter wall of the treatment plant facility. 10. Electricity and recycled water provided by City. Contractor will be responsible for connecting to power supply and water supply. TOTAL COST $ Q:\pw\PWENG\Russell\2015\WWTP - Digester Cleaning\ RFP_clean - revised_ docx -14-

15 CONTRACTOR REGISTRATION LAW - Senate Bill 854 requirements (To be submitted with Proposal Form) Pursuant to Labor Code section , this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No contractor or subcontractor may be listed on a bid proposal for a public works project and no contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations (DIR). Each bidder is responsible to list their registered information with the DIR in the space below provided and sign below. Contractor Name or subcontractor name DIR Registration Number Registration Date License Type/Number Expiration Date Contractor s Signature Q:\pw\PWENG\Russell\2015\WWTP - Digester Cleaning\ RFP_clean - revised_ docx -15-

16 QUESTIONNAIRE (To be submitted with Proposal Form) Name of Bidder: The Bidder shall supply the following information with the bid (use additional sheets if necessary): 1. Describe the digester cleaning work plan in detail. 2. List the make, model and age of equipment used to dewater the digester. 3. Describe in detail your digester cleaning experience. Include agencies previously contracted with, size and type of digester, and training/safety experience. 4. Have you ever dewatered and cleaned an egg-shaped digester? Q:\pw\PWENG\Russell\2015\WWTP - Digester Cleaning\ RFP_clean - revised_ docx -16-

17 QUESTIONNAIRE 5. Name of two client references including telephone number and contact person (i.e., client name and contact name and position). Q:\pw\PWENG\Russell\2015\WWTP - Digester Cleaning\ RFP_clean - revised_ docx -17-

18 BIDDER'S STATEMENT SHEET 1 OF 3 (To be submitted with Proposal Form) The undersigned has carefully read the entire Contract Book under this invitation to bid and realizes that any equipment, supplies or services that may fail to comply with the contract requirements herein are subject to rejection and may, at the option of the City be rejected. Such rejected equipment, labor, or supplies shall be replaced entirely at the Contractors expense and failure to do so within a reasonable length of time shall be sufficient reason for the withholding of payment for any part of or all of the equipment, labor, or materials supplied and forfeiture of the Contractor s bond. Reasonable length of time will take into consideration the City s critical need to meet NPDES Permit requirements (Section 3.2 Guarantee). Pursuant to Business and Professions Code Section I,, declare under penalty of perjury that the foregoing and the statements contained in the bid for the above titled project are true and correct and that this declaration is made on this day of, 201_, at, California. The undersigned understands he must meet the requirements of Section 17, NON-DISCRIMINATION POLICY prior to award of contract and conform to those guidelines throughout the duration of the contract. It is understood that the quantities set forth herein are approximate only and are to be used only for the comparison of bids and the guidance of the bidder. If awarded the contract, the undersigned hereby agrees to sign and file an agreement, attached as Appendix I, together with the necessary bonds, certificate(s) of insurance, related endorsements for general and automobile liability insurance, and proof of a San Mateo Business License in the office of the City Clerk within ten (10) days, not including Saturdays, Sundays and legal holidays, after the bidder has received notice from the City of San Mateo that the contract has been awarded and to commence work within five (5) days of the date specified in the notice to proceed and to complete the work under said contract per the contract book and contract document. Contractor also agrees to keep the Business License current for the entire term of the contract. If the unit price and the total amount named by a bidder for any item do not agree, it will be assumed that the error was made in computing the total amount and the unit price alone will be considered as representing the bidder's intention. Q:\pw\PWENG\Russell\2015\WWTP - Digester Cleaning\ RFP_clean - revised_ docx -18-

19 BIDDER'S STATEMENT SHEET 2 OF 3 (To be submitted with Proposal Form) The undersigned has checked carefully all the figures listed in the Schedule of Bid Items and understands that the City will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. The undersigned agrees that this bid may not be withdrawn for a period of forty-five (45) days after the date set for the opening thereof. NOTE: IF THE PROPOSAL IS MADE BY AN INDIVIDUAL, HIS NAME AND POST OFFICE ADDRESS MUST BE SHOWN. IF THE PROPOSAL IS MADE BY A PARTNERSHIP, THE NAME AND ADDRESS OF EACH MEMBER OF THE FIRM OR PARTNERSHIP MUST BE SHOWN (if more than two members of a firm or partnership, please attach an additional page); OR IF MADE BY A CORPORATION, THE PROPOSAL SHALL SHOW THE NAME OF THE STATE UNDER THE LAWS OF WHICH THE CORPORATION WAS CHARTERED AND THE NAMES, TITLES AND BUSINESS ADDRESSES OF THE PRESIDENT, SECRETARY AND TREASURER OF SAID CORPORATION. Q:\pw\PWENG\Russell\2015\WWTP - Digester Cleaning\ RFP_clean - revised_ docx -19-

20 BIDDER'S STATEMENT SHEET 3 OF 3 (To be submitted with Proposal Form) SIGNATURES FOR BIDDER: If INDIVIDUAL, sign below: Signature Date Print name Post Office Address If PARTNERSHIP, sign below (show names of non-signing partners): Signature Date Name of Partner Post Office Address Signature Date Name of Partner Post Office Address (if different) If CORPORATION, sign below (show names of non-signing officers): a CORPORATION Name of State Where Chartered Signature Print name of person signing bid Title List names of the following officers: PRESIDENT SECRETARY TREASURER Post Office Address Date Q:\pw\PWENG\Russell\2015\WWTP - Digester Cleaning\ RFP_clean - revised_ docx -20-

21 NONCOLLUSION AFFIDAVIT (To be submitted with Proposal Form) 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, or 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, or of that of any other bidder, or to secure 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. Note: The above affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this affidavit. Subscribed and sworn to before me, a Notary Public in and for the State of California, County of, this day of, 20. Signature of Notary Public (seal) My commission expires,. ***END OF AFFIDAVIT*** Q:\pw\PWENG\Russell\2015\WWTP - Digester Cleaning\ RFP_clean - revised_ docx -21-

22 CERTIFICATION OF NON-DISCRIMINATION (To be submitted with Proposal Form) On behalf of the bidder making this proposal, the undersigned certifies that there will be no discrimination in employment with regard to race, color, religion, sex, disability, or national origin; that all federal, state, local directives, and executive orders regarding non-discrimination in employment will be complied with; and that the principle of equal opportunity in employment will be demonstrated positively and aggressively. BIDDER By: (Name and title of person making certification) Date Q:\pw\PWENG\Russell\2015\WWTP - Digester Cleaning\ RFP_clean - revised_ docx -22-

23 CERTIFICATION OF REQUIREMENT TO PAY WORKERS' COMPENSATION (To be submitted with Proposal Form) I am aware of the provisions of Section 3700 of the Labor Code that 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. BIDDER By: (Name and title of person making certification) Date Q:\pw\PWENG\Russell\2015\WWTP - Digester Cleaning\ RFP_clean - revised_ docx -23-

24 CITY COUNCIL AWARD THIS AGREEMENT, made and entered into in the City of San Mateo, County of San Mateo, State of California, by and between the City Of San Mateo, a municipal corporation, hereinafter called "City," and, hereinafter called "Contractor the day of, R E C I T A L S: (a) City has taken appropriate proceedings to authorize construction of the public work and improvements or other matters herein provided, and execution of this contract. (b) described. A notice was duly published for bids for the supply of equipment, labor, and materials as (c) After notice duly given, on the date hereof, the City awarded the contract for the construction of the improvements hereinafter described to Contractor. IT IS AGREED, as follows: 1. Scope of Work. Contractor shall perform the work according to the Contract Book entitled: Wastewater Treatment Plant Digester Cleaning. 2. Contract Price. City shall pay and the Contractor shall accept, in full payment for the work above agreed to be performed the sum of. Said price is determined by the prices contained in Contractor's bid, and shall be paid as described in the Contract Book. In the event work is performed or materials furnished in addition to or a reduction of those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for as described in the Contract Book. 3. The Contract Documents. The complete contract consists of the following documents: This Agreement; the Notice Inviting Sealed Proposals; the Accepted Proposal; the Contract Book; Addendum Number issued to the Contract Book; the Faithful Performance Bond, and the Labor and Material Bond. All rights and obligations of City and Contractor are fully set forth and described in the contract documents. A-1

25 All of the above-named documents are intended to cooperate, so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as "the contract documents." In the event of any variation or discrepancy between any portion of this agreement and any portion of the other contract documents, this agreement shall prevail. The precedence of the remaining contract documents will be as specified in the Contract Book. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 4. Termination. The City may terminate this contract immediately in the event of Contractor s default or breach of the contract and upon 60 days written notice without cause. 5. Schedule. All work shall be performed in accordance with the schedule provided pursuant to the Contract Book. 6. Performance by Sureties. In the event of any termination as hereinbefore provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties, and the sureties shall have the right to take over and perform the agreement, provided, however, that if the sureties, within 5 days after giving them said notice of termination, do not give City written notice of their intention to take over the performance thereof within 5 days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Contractor as may be on the site of the work and necessary therefor. 7. Prevailing Wage Scale. In general, the prevailing wage scale, as determined by the Director of Industrial Relations of the State of California, in force on the day this bid was announced, will be the minimum paid to all craftsmen and laborers working on this project. In some cases, prevailing wage determinations have either a single asterisk (*) or double asterisks (**) after the expiration date in effect on the date of advertisement for bids. In cases where the prevailing wage determinations have a single asterisk (*) after the expiration date which are in effect on the date of advertisement for bids, such determinations remain in effect for the life of the project. Prevailing wage determinations which have double asterisks (**) after the expiration date indicate that the basic hourly wage rate, overtime, and holiday pay rates, and employer payments to be paid for work performed after this date have been predetermined. If work is extended past this date, the new rate must be paid and should be incorporated in contracts the Contractor enters into. A-2

26 A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of the bidder to determine the correct scale. The City will keep a copy of the wage scale in the City Clerk's office for the convenience of bidders. Any errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force. 8. Insurance. Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG covering CGL on an occurrence basis, including productscompleted operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers Compensation: as required by the State of California, with Statutory Limits, and Employer s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City of San Mateo and The Estero Municipal Improvement District, their elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor s insurance (at least as broad as ISO Form CG 20 10, or both CG and CG forms if later revisions used). A-3

27 Primary Coverage For any claims related to this contract, the Contractor s insurance coverage shall be primary insurance as respects the City of San Mateo and The Estero Municipal Improvement District, their elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the Contractor s insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days prior written notice (10 days for non-payment) has been given to the City. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best s rating of no less than A:VII, unless otherwise acceptable to the City. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. A-4

28 9. Hold Harmless and Indemnity Provision. Contractor agrees to hold harmless and indemnify City of San Mateo and Estero Municipal Improvement District, their elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising from performance of this contract, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of City of San Mateo or Estero Municipal Improvement District, their elected and appointed officials, employees, and agents; provided, however that this provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of City of San Mateo or Estero Municipal Improvement District or (b) the active negligence of City of San Mateo or Estero Municipal Improvement District; further provided, that this provision shall not affect the validity of any insurance contract, workers compensation or agreement issued by an admitted insurer as defined by the Insurance Code. Contract will defend City of San Mateo and Estero Municipal Improvement District, their elected and appointed officials, employees, and agents, against any such claims. 10. Attorney Fees. Attorney fees in amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5,000 shall be recoverable as costs (that is, by the filing of a cost bill) by prevailing party in any action or actions to enforce the provisions of this contract. The above $5,000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or actions. It is the intent that neither party to this contract shall have to pay the other more than $5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of this contract. The parties expect and hope there will be no litigation and that any differences will be resolved amicably. 11. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a "blindfolded" process. The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 12. Provisions Cumulative. The provisions of this agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City. A-5

29 13. Notices. All notices shall be in writing, and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: Director of Public Works City of San Mateo 330 West 20th Avenue San Mateo, CA Notices required to be given to Contractor shall be addressed as appears in the signature block as shown on the Bidder's Statement. 15. Interpretation. As used herein any gender includes each other gender, the singular includes the plural and vice versa. IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereinabove named, as of the day and year first above written. CONTRACTOR CITY OF SAN MATEO, a municipal corporation Signature By: Brad B. Underwood, Director of Public Works Printed name and title* ATTEST: *If a Corporation, can be either 1) President or 2) Vice President plus an additional corporate officer (i.e., Secretary, Treasurer) who shall ADDITIONAL CORPORATE OFFICER (if necessary per the above) Signature Patrice M. Olds, City Clerk APPROVED AS TO FORM: Ciao Arellano, Assistant City Attorney Printed name and title of additional corporate officer A-6