G? 22 Ise
TECHNICAL SPECIFICATIONS
FOR
City of Manteca
Wastewater QualityControl FacilitY
W CF Glycerin System Project
VOLUME 1 OF 2
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0 PREPARED FOR 0
CITY OF MANTECA
Ci
DEPARTMENT OF PUBLIC WORKS
1001 W. CENTER STREET
MANTECA, CA 95337
QHtECA, C9
MantecaHERWIT z
ENGINEERING
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June, 2022
Cover.doc
ATTACHMENT 3
ATTACHMENT 3
CITY OF MANTECA
DEPARTMENT OF PUBLIC WORKS
MANTECA WASTEWATER QUALITY CONTROL FACILITY
WQCF GLYCERIN SYSTEM PROJECT
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Accepted by the City ofManteca
Co 23l22
Date Kevin Jorgen e [ City Engineer
F= KwwwENGINEERINGIT
June, 2022
Coveadou
CONFORMED
ATTACHMENT 3
ATTACHMENT 3
WQCF Glycerin System Project 8/ 8/ 2022
City of Manteca, California
Q& A No. 1
QUESTIONS & ANSWERS # 1
WQCF Glycerin System Proiect
Q. 1. 1. Can you please confirm my interpretation of the ITB for the above referenced project in regards to bid documents? It' s my understanding that after paying for the digital file ofthe bid dots from ARC, we are to pickup/ or have the package from ARC and completed those manually verses filling out all pertinent information via Adobe then printing them out for wet signatures and binding the whole package with a clip?
A. 1. 1. If the digital file of the bid dots is obtained from ARC a printed version of the bid dots will still be required to Bid the project. Per the Instruction to Bidders( Section 00100)," All blanks in the bid forms must be appropriately filled in either ink or typed, and all prices must be stated in figures."" To ensure submittal of a complete bid, bidders are required to include all bid forms, Addenda, and Q&A responses, in bound contract documents and specifications submitted at the time of bid. Bid package shall be spiral bind, comb bind, or three hole punch with binder.
Addenda, Q& A sheets, surety forms, and other loose documents shall be bound into the documents behind the front cover. The bid forms, should be filled out on the original bound document or stapled to the appropriate bid sheet. Paper clips and other clips are not acceptable. Loose papers of any kind are not acceptable." For any further details please refer to Section 00100— Instruction to Bidders.
11Page
CONFORMED
ATTACHMENT 3
ATTACHMENT 3
WQCF Glycerin System Project 8/ 16/ 2022
City of Manteca, California
Q& A No. 2
QUESTIONS & ANSWERS # 2
WQCF Glycerin System Project
Q. 2. 1. When will the Owner furnished equipment be on site and read Y for install? A. 2. 1. All equipment should be on- site based on the following schedule.
Pumps and VFDs: Prior to notice to proceed.
Level Sensors: Prior to notice to proceed.
Glycerin Tanks with heat trace system: Scheduled for Delivery week of November 21, 2022.
Q. 2. 2. When does the City plan to issue notice proceed? A. 2. 2. City plans to issue notice to proceed as soon as contracting and bonds and insurance are complete. This should be within 3 to 6 weeks after the City planed award date of 9/ 20/ 2022.
Q. 2. 3. Providing the entire bid package purchased from ARC into a bound copy for bid deadline submittal is a large task to complete for this project. In all other public bid submittals only the bid forms are required to be submitted at deadline.
Furthermore, we are declaring, accepting and acknowledging the below ( on page 00 300— 1) when signing and submitting the bid package.
The undersigned, as bidder, declares that we have received and examined the Contract Documents entitled WQCF Glycerin System Project and will contract with the City, on the form ofAgreement provided herewith, to do everything required for the fulfillment ofthe Contract Document for the construction of the City ofManteca WQCF Glycerin System Project at the prices and on the terms and conditions herein contained. Basis of determination of the low bidder shall be the low bid listed in the bid schedule.
Please reconsider this request and receive only the bid forms pages 00300— 1 thru 00490— 1 at bid deadline?
A. 2. 3. Provide the biddingdocuments bound into the entire bid set as specified P in &Q A No. 1 and Section 00100.
Q.2. 4. Will the contractor be required to provide transportation, unloading, and storage of owner furnished equipment?
A. 2. 4. The Contractor is required q to unload, protect, P and store owner furnished glycerin gY tanks installed by the Contractor. Contractor shall coordinate delivery time of equipment with equipment supplier. Owner will onload and store level sensors and pumps as they should arrive prior to the Contractor being on site.
11Page
CONFORMED
ATTACHMENT 3
WQCF Glycerin System Project 8/ 16/ 2022
City of Manteca, California
Q& A No. 2
Q.2. 5. Has all the Owner furnished material been ordered? A. 2. 5. Yes.
Q.2. 6. What is the anticipated delivery date?
A. 2. 6. See Answer A.2. 1
Q. 2. 7. Did the Tank Manufacturer include Seismic Calculations& all the required Seismic Restraints? A. 27. Yes. Calculations are approved and seismic restraints provided.
Q. 2. 8. Did the Pump Manufacturer include start up in their proposal? A.2. 8. No. Contractor is required to install and start up pumps and VFDs per pump manufacturer recommendations. VFDs will require programming by the Contractor and SCADA integrator and coordination with the pump manufacturer for proper programming settings.
Q.2. 9. Did the Pump Manufacturer include O& M' s?
A. 2. 9. Yes. A standard O& M Manual for the pumps and VFDs supplied with the pumps will be provided.
Q.2. 10. Can we use fiberglass channel & fittings for the wall mounted pipe supports instead of stainless? A.2. 10. No. Provide stainless steel channel/ strut and fittings as called out.
Q.2. 11. Can we get a list& cut sheets for all of the Owner supplied materials? A.2. 11. Owner furnished equipment list is found in Section 01110- 1. 04 of the specifications. Cut sheets for the tanks and pumps are attached to this Q& A No. 2. In the pump layout, the VFD is shown mounted to the pump. These VFDs are actually shipped lose and mounted in control panels provided by the Contractor as indicated on the Drawings. 2 1 P a g e
CONFORMED
ATTACHMENT 3
NOZZLE SCHEDULE& ACCESSORIES
R TANK. OUTERTA
24 _ SERVICE AK STOCK NO SIZE FITTING ELEV DEG ELE
240
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270' 300' LID/ MANWAY A 10645 24" CVR24" MWY W/ 8" MSRM VENT ASM BLK PE W/ VENTSCREEN 0° DOME r
R R o FILL LINE B 3164 2" DROP PIPE 2" COMBI PVC 245° DOME - f
2815 2" UBD FTG 2" FLG STYLE PVC/ SS/ EPDM
3198 3) SUPPORT VERT EXT PIPE SS
215' I
325'
3209 3) GSKT 1/ 2" STUD BOLT 1/ 4" EPDM
B
10284 VALVE 2" BALLTXT SPEARS COMPACT PVC W/ EPDM
3190 QUICK ADPT2" MNPT BLK PP
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3191 QUICK CAP 2" BLK PP
180' R R 0' 10344 PIPE SUPPORT2" INTERNAL PVC/ PE
ULTRASONIC FTG C 1 7127 4" jBHF ASMLY 4" SXT WWARD PVC/ EPDM 325° DOME I -- 1'- 8' INNERTANK D 9741 2" B. O. S. S. FITTING 2" ASMLY PE/ PVC/ SS/ EPDM 90° 1'- 01, -- 9752 2" TRNS FTG 2" BELLOW STYLE II PVC/ EPDM/ SSW/ EXP JNT PTFE -- 90" 1'- C 145 I35' OVERFLOW E 7122 3" BHF ASMLY 3" SXT H' WARD PVC/ EPDM 120' 1T- 5" -- -- H
12307 DROP PIPE 3" EXT OVERFLOW PVC 80
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TEMPERATURE H 6789 -- HEATER SYSTEM NON- HAZ( 4) SP420- 16 135° 5'- C 120' D
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INSULATION J 6996 2" INSULATION POLYFOAM 550 2" THK W/ MASTIC COATING ALL DOME ALL SDV
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XiL— —— NOTES,
1. THIS IS A COMPUTER GENERATED DWG. D NOT REVISE BY HAND.
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I 2. DIMENSIONS WILL VARY t3% DUE TO VARIATI NS IN MULTIPLE MOLDS & CONDITIONS PREVALENT DURING MANUFACTURE & USAGE.
3. OVERALL HEIGHT DIMENSION WILL VARY WITH THE PENETRATION OF THE INSIDE TANK INTO THE UTSIDE TANK.
4. FOR INNER TANK DTLS SEE COMPUTER FILE NO. 2006650, TITLE 6650 GALLON INNER SAFE- TANK.' FOR OUTER TANK DTLS SEE
ALL I
III I COMPUTER FILE NO. 2107450, TITLE ' 6650 GALLON OUTER N in AROUND I
II I " I SAFE- TANK/ 7450 GALLON OPEN TOP TANK'.
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II I 5. INNER TANK DESIGNED 1. 90 SpG MAT' L @ 100° F/ ATMOS PRESSURE.
OUTER TANK DESIGNED 1. 90 SpG MAT' L @ 100' F/ ATMOS PRESSURE.
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I 2) 6650 GALLON SAFE- TANK ASSEMBLY I
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I INNER STOCK NO. 1200665041
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FITTINGS
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VOLUME IN U. S. GALLONS C 0 N ANY ue
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TW ASSOC. DBA MISC WATER PO # P061422NM1
SHEET COMPUTER FILE R
INNER 7455 420 7087
OUTER 7455 N/ A 7455 F RI MANTECA WWQCF 1 OF 1 TWA61422A I
ATTACHMENT 3
verbindlich fOr Kommissions- W.:
Copyright: This drawing is our property and patented for us according to the law of copyright and associated rights l binding for comission-no,: 885455- 885458
space ahowing disassemoly of the stator
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1 motor: Lenze G500- 1- 145 MF- 063- 32 8101 14
1 pump: MD/ MCP 012- 24 8001 4
Quont. Denomination Item Material Note Weight / kg
2021 Name Day Scale weight Denomination
SEEPEX. Drawn msk 27. 10. OCD 1: 10 - 24 kg dimensional drawing EDP—No. Drawing— no.
ALL THINGS FLOW Checked e b a 28. 10. 210798. dwg 10 3- C 0 8/ M 12 0- D- 7 0 6 A 4 General tolerances f-- dimensions without specified tolerances acc. to DIN ISO 2768—v ATTACHMENT 3
WQCF Glycerin System Project 8/ 17/ 2022
City of Manteca, California
Q& A No. 3
QUESTIONS & ANSWERS # 3
WQCF Glycerin System Project
Q. 3. 1. Who is responsible for providing the Dry Run protection device and IFM dry run sensor? Please supply specification for this equipment if it is the contractor' s responsibility.? A. 3. 1. Run dry protection and sensor is provided by the pump vendor and installed by the Contractor.
Q. 3. 2. Please supply dimensions of owner supplied VFDs as this will be needed to accurately quote the size of the panel.
A. 3. 2. VFDs are supplied by the pump Vendor and are approximately 10" h x 6" w x 8" d.
Q. 3. 3. Please advise if any necessary pilot devices will need to be installed on the VFD control panel pushbuttons, indicating lights etc).
A. 3. 3. No pilot devices are necessary on the VFD control panel. An air conditioner provided and installed by the Contractor is required as shown on Drawing E- 5. A name plate is also required. 1 ) Pa e
CONFORMED
ATTACHMENT 3
WQCF Glycerin System Project 8/ 22/ 2022
City of Manteca, California
Q& A No. 4
QUESTIONS& ANSWERS # 4
WQCF Glycerin System Project
Q.4. 1. Bid item# 4- Dispose of excess earthwork materials onsite- Please clarify where we are to dispose of the material & what are we required to do. Do we just dump the excess dirt in piles or are we required to spread &/ or compact the materials.
A.4. 1. Excess dirt will be disposed on site north of the filters. Dirt piles shall be knocked flat to allow mowing of weeds, but do not need to be compacted.
Q.4. 2. Bid item# 9- Installation of PVC piping, valves and supports at all locations. Please confirm what this item covers. Is it of the piping on the tanks?
A.4. 2. As indicated on the Drawing M3- 1 and Section 15052- 3. 07( piping Schedule), the glycerin piping system is made up of solid CPVC schedule 80 piping, valves and supports as well as braided vinyl tubing inside of a solid CPVC carrier pipe. Bid Item No. 9 is for the solid portion of the piping system which includes piping, valves, and supports on the chemical tanks and off of the chemical tanks. Bid Item No. 10 is for the Braid Vinyl Tubing and carrier piping system which includes tubing, carrier pipe, valves, and supports.
Q. 4. 3. On the bid form, item 16, the qty is 2 LS... Is it 2 ea or 1 Lump Sum? Probably need to clarify this re-issue a correct bid form.
A. 4. 3. There are two control panels to be provided. Please mark the Bid form to show 2 Each and provide a unit cost for each panel.
Q.4.4. On the bid form, item 7, the qty is 4 ea Installation of Concrete Pump Bases. Detail D shows two 2) pumps on one( 1) concrete pad for each location. This would make two( 2) ea pads, not 4 ea.
Probably need to clarify this& re- issue a correct bid form.
A.4.4. Bid for line item No. 7 says" Installation of Concrete Pump Bases( 4) each" with a unit process to be provided. The structural drawing S3- 1 shows each set of pumps combined on a common base. Please hand mark your bid form as( 2) each and submit a unit cost for each common base. 1 Page
CONFORMED
ATTACHMENT 3
CITY OF MANTECA
WQCF GLYCERIN SYSTEM PROJECT
TECHNICAL SPECIFICATIONS
TABLE OF CONTENTS
DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS
OF THE CONTRACT
00020 INVITATION TO BID
00100 INSTRUCTIONS TO BIDDERS
00300 BID FORM
00410 BID GUARANTY BOND
00420 CERTIFICATION OF BIDDER'S EXPERIENCE AND QUALIFICATIONS 00430 PROPOSED SUBCONTRACTORS
00440 LOCAL BUSINESS ENTERPRISE ( LOCAL VENDOR) PREFERENCE 00450 SITE VISIT AFFIDAVIT
00460 QUESTIONNAIRE
00470 NON COLLUSION AFFIDAVIT
00480 LIABILITY AND INSURANCE REQUIREMENTS
00490 DEPARTMENT OF INDUSTRIAL RELATIONS AND SB96 COMPLIANCE AFFIDAVIT 00500 AGREEMENT
00610 FAITHFUL PERFORMANCE BOND
00620 PAYMENT BOND
00630 WARRANTY BOND
00650 WORKERS' COMPENSATION INSURANCE CERTIFICATE
00700 GENERAL CONDITIONS
00805 SUPPLEMENTARY CONDITIONS
DIVISION 1 - GENERAL PROVISIONS
01110 SUMMARY OF WORK
01116 PROJECT MANUAL LANGUAGE
01140 WORK RESTRICTIONS
01324 PROGRESS SCHEDULES AND REPORTS
01329 SAFETY PLAN
01330 SUBMITTAL PROCEDURES
01350 SPECIAL PROCEDURES
01352 ALTERATION PROJECT PROCEDURES
01354 HAZARDOUS MATERIAL PROCEDURES
01424 ABBREVIATIONS
01428 IDENTIFICATION SYSTEMS
01450 QUALITY CONTROL
01500 TEMPORARY FACILITIES AND CONTROLS
01600 PRODUCT REQUIREMENTS
01612 SEISMIC DESIGN CRITERIA
01614 WIND DESIGN CRITERIA
01732 CUTTING AND PATCHING
01738 SELECTIVE DEMOLITION
01756 TESTING, TRAINING, AND FACILITY START- UP
01770 CLOSEOUT PROCEDURES
01782 OPERATING AND MAINTENANCE DATA
June, 2022 TOCA WQCF Glycerin System Project
Bid Set
CONFORMED
ATTACHMENT 3
CITY OF MANTECA
WQCF BAR SCREEN PROJECT
TECHNICAL SPECIFICATIONS
TABLE OF CONTENTS
Continued)
DIVISION 2 - SITE CONSTRUCTION
Not Used
DIVISION 3 - CONCRETE
03071 EPDXIES
03102 CONCRETE FORM WORK
03200 CONCRETE REINFORCEMENT
03300 CAST IN PLACE CONCRETE
03366 TOOLED CONCRETE FINISHES
03600 GROUTS
DIVISION 4 - MASONRY
Not Used
DIVISION 5 - METAL
05500 METAL FABRICATIONS
DIVISION 6— WOOD AND PLASTICS
Not Used
DIVISION 7 - THERMAL AND MOISTURE
Not Used
DIVISION 8— DOORS AND WINDOWS
NOT USED
DIVISION 9 - FINISHES
09960 HIGH PERFORMANCE COATINGS
DIVISION 10 - SPECIALTIES
10400 IDENTIFICATION DEVICES
June, 2022 TOC- 2 WQCF Glycerin System Project
Bid Set
CONFORMED
ATTACHMENT 3
CITY OF MANTECA
WQCF BAR SCREEN PROJECT
TECHNICAL SPECIFICATIONS
TABLE OF CONTENTS
Continued)
DIVISION 11 - EQUIPMENT
11312J PROGRESSIVE CAVITY PUMPS
DIVISION 13 - SPECIAL CONSTRUCTION AND INSTRUMENTATION
13208 POLYETHYLENE STORAGE TANKS
13410 PROCESS INSTRUMENTATION AND CONTROLS— GENERAL PROVISIONS 13411 SPECIAL CONTROL SYSTEM PROGRAMMING AND TESTING REQUIREMENTS 13420 PROCESS INSTRUMENTATION CONTROLS - PRODUCTS
13422 INSTRUMENT AND CONTROL PANELS
13482 CONTROL SYSTEM STRATEGIES
DIVISION 14— CONVEYING SYSTEMS
Not Used
DIVISION 15 - MECHANICAL
15050 BASIC MECHANICAL MATERIALS AND METHODS
15052 BASIC PIPING AND MATERIALS
15111 BALL VALVES
15114 CHECK VALVES
15265 PLASTIC PIPING AND TUBING
DIVISION 16 - ELECTRICAL
16010 ELECTRICAL REQUIREMENTS
16050 BASIC ELECTRICAL MATERIALS AND METHODS
16062 GROUNDING
16070 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS
16075 ELECTRICAL IDENTIFICATION
16123 600 VOLT OR LESS WIRES AND CABLES
16133 CONDUITS
16134 BOXES
16135 CABINETS AND ENCLOSURES
16140 WIRING DEVICES
16950 ELECTRICAL TESTING
June, 2022 TOC- 3 WQCF Glycerin System Project
Bid Set
CONFORMED
ATTACHMENT 3
ATTACHMENT 3
SECTION 00020
INVITATION TO BID
WQCF GLYCERIN SYSTEM PROJECT
ESTIMATED CONSTRUCTION COST: $ 300, 000)
SEALED BIDS will be received by the City Clerk of the City of Manteca at 1001 West Center Street, Manteca, California until 2: 00 p. m., Tuesday, August 23, 2022, for the WQCF Glycerin System Project. As soon as practical thereafter, sealed bids for the project will be publicly opened and read for performing work as follows:
Furnish all labor, materials, equipment, and performing all work necessary and incidental to the construction ofthe project known as the WQCF Glycerin System Project in according to the contract documents, inclusive ofthe plans and specifications. The Work includes the construction and installation of the following:
Chemical tanks, chemical pumps, chemical piping, electrical, instrumentation, SCADA Hardware and programming.
Project shall have Substantial Completion of items within 60 calendar days and Final Completion within 90 calendar days from the date specified in the Notice to Proceed. Time for commencement and completion of the work is important. Time is of the essence in completing contract work in the specified number of calendar days.
A MANDATORY PRE-BID MEETING AND JOB WALK will be held as follows. All bidding General Contractors must attend one of the following meetings. Subcontractors may also attend:
1. DATE/ TLVIE: Tuesday August 9, 2022 at 1: 30 p.m.
2. Questions will not be answered during the pre-bid meetings.
3. All questions must be submitted in writing and a response will be provided to all the Contractors on the City website. Follow up site visits will not be accepted in lieu of the mandatory pre-bid meeting attendance.
4. Unannounced site visits to the plant are not allowed.
5. Follow up site visits for detailed inspection of existing facilities by contractors or subcontractors may be scheduled after the pre- bid meetings. Staff will make facilities available for inspection but will not answer contractor questions. All questions must be submitted in writing and a response will be provided to all contractors by addendum. Follow up site visits will not be accepted in lieu of the mandatory pre-bid meeting attendance.
LOCATION: The Manteca Wastewater Quality Control Facility( WQCF), 2450 W. Yosemite Avenue, Manteca, CA.
Please sign in at the meeting area and receive further instructions.
Notice: The WQCF plant is an active, operational facility. All attendees of the pre-bid meeting and all visitors must wear proper personal protection equipment( PPE), including June 2022 00020- 1 City of Manteca
Bid Set CONFORMED WQCF Glycerin System Project
ATTACHMENT 3
SECTION 00020
INVITATION TO BID
high visibility vests, hard hats, and eye protection and closed toed work boots ( no highheeled shoes please).
Park Here
1 III j
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llllutn Meet Here
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1 tr
r RI 1 L9[. a t North Plant
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The City of Manteca has contracted with ARC Northern CA. in Stockton( formally Stockton Blue) to reproduce and distribute the Contract Documents for this project. ARC in Stockton' s contact information is:
440 N. El Dorado Street
Stockton, CA 95202
Phone: 209- 464- 8724
Fax: 209- 464- 8739
The cost of reproduction and delivery is to be calculated by ARC in Stockton, and charges are non- refundable whether or not the Contract Documents are returned. BIDDERS MUST
SUBMIT BIDS ON A HARD COPY OF THE BID PROPOSAL FORMS PROVIDED IN THE CONTRACT DOCUMENTS. All bids and required bid documents submitted must be bound into the hard copy bid package as described in the instructions to bidders.
Planholders lists and project information are available at the public planroom on the Internet at:
hgps:// Nvww. ci. manteca. ca. us/ Engineerin Projectlnformation/ Pages/ default. aspx or
his://order. a- arc. com/ arcEOC/ PWELL_ Main. order. asp? mem= 23// e- arc. com/ arcEOC/PWELL_Main.asp?mem=23.
June 2022 00020- 2 City of Manteca
Bid Set CONFORMED WQCF Glycerin System Project
ATTACHMENT 3
SECTION 00020
INVITATION TO BID
Questions regarding the contract documents shall be submitted in writing to:
City of Manteca
Attention: George Montross
1001 West Center Street
Manteca, CA 95336
Email: gmontross( i ci. manteca. ca. us cc:( fguillory(i ci.manteca. ca.us ) The City will post all bid-related questions and answers on its web site at:
hops:// www.ci.manteca. ca.us/ Engineering/ Proj ectlnformation/ Pages/ default. aspx Refer to this web address periodically as it will be updated with bid-related questions and answers until 2: 00 p. m. on August 19, 2022. The questions and answers posted at the web address above shall form part of the Contract Documents.
All bids shall be submitted on a bound, full size, hard copy, of the bidding documents provided by ARC in Stockton or through PlanWell. The Contractor shall obtain a bound, full size, set of bidding documents from ARC in Stockton or through P1anWell to prepare his bid. No AutoCAD copies of bid documents will be provided for bidding.g
Bidding procedures are prescribed in the contract documents shall be pursuant to Section 20170 et. seq., and 20162 Part 3, Chapter 1, Article 4 ( Lowest Bidder) et. seq., of California Public Contracting Code. Bids shall only be executed upon the bound bid forms provided, which are a part of said contract documents. Bid security in an amount not less than ten percent ( 10%) of the total bid dollar amount and conforming to the prescribed bidding procedures is required to be submitted with each bid, as a guaranty to be forfeited should the bidder, if awarded the contract, fail to enter into the same, or fails to furnish in a timely manner the bonds and/or proof of insurance.
Pursuant to the provisions of California Labor Code Section 6707, each bid submitted in response to this Invitation to Bid shall contain, as a bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life and limb in trenches and open excavation, which shall conform to applicable safety orders. By listing this sum, the bidder warrants that its actions pursuant to this bid item shall not impose tort liability on the City, the Engineer, the Construction Manager, and their employees, agents, and subconsultants.
Pursuant to Section 1770, et. seq., of the California Labor Code, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate ofper diem wages are on file and can be obtained from the Department of Industrial Relations.
Pursuant to Public Contract Code Section 22300, for moneys earned by the Contractor and withheld by the City of Manteca to ensure the performance of the Contract, the Contractor may, at its option, choose to substitute securities meeting the requirements of said Public Contract Code Section 22300.
June 2022 00020- 3 City of Manteca
Bid Set CONFORMED WQCF Glycerin System Project
ATTACHMENT 3
SECTION 00020
INVITATION TO BID
All bidders shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code of the State of California to do the type ofwork contemplated in the project. In accordance with provisions of California Public Contract Code Section 3300, the City has determined that the Contractor shall possess a valid Class A License issued by the California State Contractor' s Licensing Board, and demonstrate adequate experience in similar projects of similar size and quantity at the time that the bid is submitted. Failure to possess the specified license shall render the bid non- responsive.
The successful bidder shall furnish a Payment bond pursuant to California Civil Code 3247 et. seq., in the amount equal to one hundred percent( 100%) ofthe Contract price. In addition, the successful bidder shall furnish a Faithful Performance Bond, in the amount equal to one hundred percent( 100%) of the Contract price. All bonds submitted shall be from admitted sureties.
Each bidder shall submit with its bid a statement setting forth its experience on the forms included in the Bid Proposal.
Telephones will not be available to bidders for the preparation ofthe bids or for calling in bid results. Bid forms received after the designated time will not be accepted. Bidders and their authorized agents are invited to attend the bid opening.
No bidder may withdraw its bid for ninety( 90) days after the date set for the opening of bids.
The successful bidder must insure that employees and applicants for employment are not discriminated against on the basis of age, color, race, national origin, ancestry, religion, sex, sexual preference, marital status, and comply with the Americans with Disabilities Act.
The City reserves the right to reject any or all bids; to make any awards or any rejections in what it alone considers to be in the best interest of the City; and waive any irregularities in the bids.
Each bid must be signed by or on behalf of the bidder and must be enclosed in a SEALED ENVELOPE or BOX with the following information on the outside:
1. Name and address of bidder
2. Project for which the bid is being submitted
3. Date and time ofbid opening
The envelope or box shall be entitled WQCF Glycerin System Project, and addressed to City of Manteca, City Clerk, 1001 West Center Street, Manteca, California 95337.
Dated: City of Manteca
Cassandra Candini- Tilton, Director of Legislative Services/ City Clerk END OF SECTION**
June 2022 00020- 4 City of Manteca
Bid Set CONFORMED WQCF Glycerin System Project
ATTACHMENT 3
SECTION 00100
INSTRUCTIONS TO BIDDERS
1. 00 WORK TO BE DONE
It is the intention of the City to construct improvements as shown and set forth on the plans, and in the particular locations shown on the plans. All of the work is particularly set forth in the plans and specifications, and all of said work, together with all other work incidental thereto, is included.
The work includes the furnishing of labor, materials, incidentals and equipment necessary for the construction ofthe WQCF Glycerin System Project. The Bidder shall be required to provide, at its own cost and expense, all necessary insurance, as required by law or these specifications, and shall pay the cost and expense of any and all incidental matters herein required.
2. 00 EXANIINATION OF CONTRACT DOCUMENTS
All bids shall be based on a bound, full size, hard copy, of the bidding documents provided through the public plan room or P1anWell at ARC in Stockton, California( ARC Stockton). The Contractor shall obtain a bound, full size, set ofbidding documents from ARC Stockton to prepare his bid. No Autocad copies of bid documents will be provided for bidding.
Each bidder shall thoroughly examine and be familiar with the contract documents. The submission of a bid shall constitute an acknowledgment, upon which the City may rely, that the bidder has thoroughly examined and is familiar with the contract documents. The failure or neglect of a bidder to receive or examine any of the contract documents shall in no way relieve it from any obligation with respect to its proposal or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any contract documents.
3. 00 INSPECTION OF SITE
Bidders are required to inspect the site of the work to satisfy themselves by personal examination or by such other means, as they may prefer, of the location of the proposed work, and of the actual conditions, including subsurface, of and at the site of work. If, during the course of its examination, a bidder finds facts or conditions which appear to be in conflict with the letter or spirit of the bidding documents, the Bidder shall apply to the City, in writing, for additional information and explanation on or before the close of the question period.
Submission of a bid by the bidder shall constitute conclusive evidence that, ifawarded the Contract, it has relied and is relying on its own examination of( 1) the site of the work, ( 2) access to the site, ( 3) all other data and matters requisite to the fulfillment of the work and on its own knowledge of existing facilities on and in the vicinity of the site of the work to be constructed under the Contract, ( 4) the conditions to be encountered, ( 5) the character, quality and scope of the proposed work, ( 6) the quality and quantity ofthe June, 2022 00100- 1 City of Manteca
Bid Set CONFORMED WQCF Glycerin System Project
ATTACHMENT 3
SECTION 00100
INSTRUCTION TO BIDDERS
materials to be furnished, and( 7) the requirements ofthe bid, the plans, the specifications, and the other contract documents.
The information provided by the City is not intended to be a substitute for, or a supplement to the independent verification by the bidder to the extent such independent investigation of site conditions is deemed necessary or desirable by the bidder. Bidders shall complete the form in Section 00450, Site Visit Affidavit, and submit with their Bid.
4. 00 INTERPRETATION OF CONTRACT DOCUMENTS
No oral representations or interpretations will be made to any bidder as to the meaning of the contract documents. Requests for an interpretation shall be made in writing, and received on or before the close of the question period, to:
City of Manteca
Attention: George Montross
1001 West Center Street
Manteca, CA 95336
Email: gmontross@ci. manteca. ca.us
Requests to clarify possible ambiguous or incomplete statements or designs require issuance of an addendum by the City for the interpretation to become effective. All requests for clarifications shall be made in writing.
5. 00 POSTPONEMENT OF OPENING
The City reserves the right to postpone the date and time for receiving and/or opening of bids at any time prior to the date and time established in the Invitation to Bid.
Postponement notices shall posted to the following City Website in the form of an addendum.
http:// Nvww. ci.manteca. ca.us/ p-,vt/Engineerinw? roiectlnfo. aspx
6. 00 OPENING OF BIDS
All bids, irrespective of any irregularities or informalities, ifreceived on time, will be opened and publicly read aloud at the time and place set forth in the Invitation to Bid.
Bidders, their representatives and other interested persons may be present at the opening and reading of bids.
Any bids received after the scheduled closing time as set forth in the Invitation to Bid or as postponed by addenda will be considered non-responsive and will not be opened. Any such bids will be returned unopened to the Bidder. The public reading of each bid will include at least the following:
A. Name and address of bidder.
B. The total amount of bid.
C. The nature and amount of the security furnished with the bid.
June, 2022 00100- 2 City of Manteca
Bid Set CONFORMED WQCF Glycerin System Project
ATTACHMENT 3
SECTION 00100
INSTRUCTION TO BIDDERS
7.00 PREPARATION OF BID FORMS
Bid shall be made on the bound bid forms provided in the contract documents and must be submitted at the time and place stated in the Invitation to Bid. All blanks in the bid forms must be appropriately filled in either in ink or typed, and all prices must be stated in figures. All bid forms must be submitted in sealed envelopes bearing on the outside the name of the bidder, its address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that its bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. City shall not be responsible for errors or omissions in the bid. Bidders shall write their names on each bid form at the space provided.
To ensure submittal of a complete bid, bidders are required to include all bid forms, Addenda, and Q& A responses, in bound contract documents and specifications submitted at the time of bid. Bid package shall be spiral bind, comb bind, or three hole punch with binder. Addenda, Q& A sheets, surety forms, and other loose documents shall be bound into the documents behind the front cover. The bid forms, should be filled out on the original bound document or stapled to the appropriate bid sheet. Paper clips and other clips are not acceptable. Loose papers of any kind are not acceptable.
8. 00 BIDDER' S SIGNATURE AND AUTHORITY
Ifthe bid is made by an individual, this person's name, signature, and post office address must be shown; if made by a firm or partnership, the name and post office address of the firm or partnership, a list of the general partners, and the signature of at least one of the general partners must be shown, ifmade by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name and post office address ofthe corporation, and the title of the person who signs on behalf of the corporation. If the bid is made by the corporation, a certified copy of the bylaws or resolution of the Board of Directors ofthe corporation shall be furnished showing the authority of the officer or agent signing the bid to execute Contracts on behalf of the corporation. If the bid is made by a joint venture, the bid shall be signed by a representative of one of the joint venture firms. Additionally, the bid shall include a copy of the resolution or agreement empowering the representative to execute the bid and bind the joint venture.
9. 00 ERASURES AND CORRECTIONS
The bid submitted must not contain any erasure, interlineations, or other corrections unless each such correction is suitably authenticated by affixing, in the margin immediately opposite the correction, the initials of the person or persons submitting the bid.
10. 00 BID IRREGULARITIES
Changes in or additions to the bid form, recapitulations of the work bid upon, alternative bids, omissions, or any other modifications of the bid form which are not specifically called for in the contract documents may result in rejection of the bid by the City, as not being responsive to the Invitation to Bid. No oral or telephonic modification of any bid submitted will be considered.
June, 2022 00100- 3 City of Manteca
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ATTACHMENT 3
SECTION 00100
INSTRUCTION TO BIDDERS
11. 00 MODIFICATION OF BID
On written request filed with the City, a bid already received may be modified or withdrawn at any time prior to the time established for receiving bids. The request must be executed by the bidder or its authorized representative as described in Paragraph 00100- 8. 00, Bidder' s Signature and Authority. Modifications shall be made in writing, executed, and submitted in the same form and manner as the original bid. Withdrawal of a bid does not prejudice a bidder's right to submit a new bid within the time designated for the submission of bids. No bid may be withdrawn after the scheduled closing time except as provided in Paragraph 00100- 12. 00, Withdrawal of Bids.
12. 00 WITHDRAWAL OF BIDS
In accordance with Public Contract Code 5103, within five days after the opening of bids, a bidder may withdraw its bid providing the bidder can establish to the City's satisfaction that a mistake was made in preparing the bid. A bidder desiring to withdraw shall give written notice to the City, specifying, in detail, how the mistake occurred and how the mistake made the bid materially different than it was intended to be. Withdrawal will not be permitted for mistakes resulting from errors in judgment or carelessness in inspecting the site of the work or in reading the contract documents.
13. 00 ADDENDA
Addenda issued during the time of bidding shall become a part of the documents furnished 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 acknowledgment in the space provided of receipt of all Addenda issued during the bidding period. Failure to so acknowledge may result in the bid being rejected as not responsive. Failure of any bidder to receive such Addenda shall justify for non- compliance by the Bidder with the terms of the instructions.
14. 00 BID PRICES
Bid prices shall include everything necessary for the completion of the work including but not limited to providing the materials, equipment, tools, plant and other facilities, and the management, superintendence, labor and services. Bid prices shall include allowance for all federal, state and local taxes.
In the event of a difference between a price quoted in words and a price quoted in figures for the same quotation, the words shall be the amount bid. In the event that the product of a unit price and an estimated quantity does not equal the extended amount quoted, the unit price shall govern, and the correct product of the unit price and the estimated quantity shall be deemed to be the amount bid. Ifthe sum oftwo or more items in a bidding schedule does not equal the total amount quoted, the individual item amounts shall govern and the correct total shall be deemed to be the amount bid.
The award of contract, if it is awarded, will be awarded to the lowest responsive, responsible Bidder whose proposal complies with all the requirements prescribed.
June, 2022 00100- 4 City of Manteca
Bid Set CONFORMED WQCF Glycerin System Project
ATTACHMENT 3
SECTION 00100
INSTRUCTION TO BIDDERS
15. 00 BID GUARANTY
The bid form shall be accompanied by a bid guaranty bond provided by an admitted surety insurer authorized to carry on business in the State of California with a minimum A- Class IV rating with Best's Rating Guide for payment to the City or meeting the following minimum requirements:
Ifthe Best' s Rating for any surety company who has furnished a bid guaranty for the bidder is less than A- Class IV and/ or not Treasury Rated, bidder may be required to, within 5 working days of bid opening, submit to the City an original or certified copy of each of the following documents for each surety company which has furnished a bid guaranty for that bidder:
1. Appropriate authorization ofthe signatory to execute each bid guaranty.
2. A certificate of authority issued by the State Insurance Commissioner.
3. A certificate from the County Clerk that the above certificate is not ineffective; and
4. The surety company' s financial statement for the prior quarter as specified in Section 995. 670 of the California Code of Civil Procedure.
Simultaneously with the submission of the documents described in the preceding paragraphs, the bidder shall also submit an affidavit or declaration, under penalty of perjury under the laws of the State of California, demonstrating the following facts for each bid guaranty submitted or to be submitted on the bidder' s behalf.
1. That the surety company' s assets exceed its liabilities by more than the amount ofthe bid guaranty or guaranties submitted on the bidder's behalf, and
2. That in issuing the bid guaranty or guaranties submitted on the bidder' s behalf, the surety company shall be in full compliance with California Insurance Code Section 12090, supported by appropriate references to the surety company' s most recent financial statement on file in the office of the State Insurance Commissioner.
Any bidder wishing to object to the sufficiency of any surety company used by another bidder shall comply fully with the provisions of Section 995. 650 of the California Code of Civil Procedure.
The bid guaranty bond shall be in the sum of at least ten( 10) percent of the total amount of the bid price, or, alternatively, by a certified or cashier' s check, payable to the City in the sum of at least ten( 10) percent of the total amount of the bid price. The bid guaranty bond shall be provided on the form included in Section 00410, Bid Guaranty Bond, of these contract documents.
The amount payable to the City under the bid guaranty bond, or the certified or cashier's check and the amount thereof, as the case may be, shall be forfeited to the City as liquidated damages in case of a failure or neglect of the bidder to furnish, execute, and deliver to the City the required performance and payment bonds, evidences of insurance, and to enter into, execute, and deliver to the City the Agreement on the form provided herewith, within ten ( 10) calendar days after receiving written notice from the City that the award has been made and the Agreement is ready for execution.
June, 2022 00100- 5 City of Manteca
Bid Set CONFORMED WQCF Glycerin System Project
ATTACHMENT 3
SECTION 00100
INSTRUCTION TO BIDDERS
The bid guarantees of the three lowest bidders will be retained until the Agreement is signed, evidence of insurance provided, and satisfactory bonds furnished or other disposition made thereof. The bid guarantees of all bidders except the three lowest responsive bids will be returned within fifteen ( 15) calendar days after the bids are opened.
16. 00 QUALIFICATION OF BIDDER
Each bidder shall complete and submit with their bid Section 00420, Certification of Bidder' s Experience and Qualifications.
Upon the request of City, any bidder whose bid is under consideration for the award of the Contract shall promptly submit satisfactory evidence showing the bidder' s financial resources, its construction experience, and its organization' s availability for the performance ofthe Contract.
The bidder may be required to establish, to the satisfaction ofthe City, the reliability and responsibility and experience of the persons or entities proposed to furnish and perform the work described in the contract documents.
17. 00 SUBCONTRACTORS
In accordance with California Public Contracting Code Section 4100, et. seq., the bidder shall list, in Section 00430, Proposed Subcontractors, the name, portion of work to be performed, and location of the place of business for the following.
Each Subcontractor who will perform work or labor or render service to the bidder in or about the construction of the work or improvement, in an amount in excess of one- half of one percent ofthe bidder's total bid,
Any Subcontractor licensed by the State of California who, under subcontract to the bidder, will specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the bidder's total bid.
Failure to list Subcontractors defined in subparts 1) and 2) above will render the bid non- responsive and will be grounds for rejection of the bid. Failure to comply with the provisions ofthe California" Subletting and Subcontracting Fair Practices Act" shall make the Contractor subject to the sanctions as set forth in the Act.
18. 00 SUBSTITUTIONS DURING BIDDING
Manufacturers or suppliers of materials and equipment may offer an alternative product to the Contractor and request that alternatives to specified products be considered equal.
Inclusion of such alternatives in the bid is the responsibility ofthe Contractor. Inclusion should only be considered ifthe Contractor believes the offered alternative is equal in quality and performance to the specified product. After award of the Contract, such offers of alternative products will be reviewed and processed as a substitution as provided under Section 00700, Standard General Conditions of the Construction Contract.
June, 2022 00100- 6 City of Manteca
Bid Set CONFORMED WQCF Glycerin System Project
ATTACHMENT 3
SECTION 00100
INSTRUCTION TO BIDDERS
19. 00 BIDDERS INTERESTED IN MORE THAN ONE BID
No person, firm, or corporation, under the same or different name, shall make, file, or be interested in more than one bid for the same work unless alternate bids are called for.
Pursuant to Public Contract Code Section 7106, bidders shall execute and furnish with their bids Section 00470, Non-Collusion Affidavit. Reasonable grounds to believe that any individual, partnership, corporation, or combination is interested in more than one bid for the proposed work may cause rejection of all bids in which that individual, partnership, corporation, or combination is interested, A person, firm, or corporation may, however, submit subproposals or quote prices on materials to more than one bidder.
20. 00 SHEETING, SHORING AND BRACING
Pursuant to the provisions of California Labor Code Section 6707, each bid submitted shall contain, in the bid item indicated, the amount included in the bid for adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life and limb in trenches and open excavation, which shall conform to applicable safety orders. By listing this sum, the bidder warrants that its actions pursuant to this bid item shall not impose tort liability on the City, the Designer, the Construction Manager, or their employees, agents, and subconsultants.
Pursuant to California Labor Code Section 6705, the Contractor shall submit a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a Registered Civil or Structural Engineer.
21. 00 WAGE RATES
Pursuant to provisions of the Labor Code Section 1770, et. seq., of the State of California, the Director of the Department of Industrial Relations has ascertained the prevailing rate of wages of the locality in which the Work is to be performed and applicable to the work to be done. Prevailing wage for each job category shall be as published by the Department of Industrial Relations at the time of project work.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Bidders shall complete the form in Section 00490, Department of Industrial Relations and SB 96 Compliance Affidavit, and submit with their bid.
Bidders shall complete the form in Section 00480, Liability and Insurance Requirements, and submit with their Bid.
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 1725.5 [ with limited exceptions form this requirement for bid purposes only under Labor code section 1771. 1( a)]
June, 2022 00100- 7 City of Manteca
Bid Set CONFORMED WQCF Glycerin System Project
ATTACHMENT 3
SECTION 00100
INSTRUCTION TO BIDDERS
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 1725. 5
The Contractor shall post job site notices prescribed by regulation.
All Contractors and Subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner( aka Division ofLabor Standards Enforcement)
22. 00 OFFER OF ASSIGNMENT OF ANTITRUST ACTIONS
As provided by Section 7103. 5, of the California Public Contract Code, in entering into a public works contract or subcontract, the Contractor or Subcontractor offers and agrees to assign to the City all rights, title and interest in, and all causes of action it may have under Section 4 of the Clayton Act( 15 U. S. C. Section 15) or under the Cartwright Act Chapter 2) commencing with Section 16700 ( of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties.
23. 00 ASSIGNMENT OF CONTRACT
Any attempted assignment by the Contractor of any contract to be entered into hereunder, or any part thereof, or of funds to be received thereunder by the Contractor, is void unless such assignment has had prior written approval of City and the Surety has been given due notice of such assignment in writing and has consented thereto in writing.
24. 00 REJECTION OF BIDS
The City reserves the right, at its sole discretion, to reject any and all bids and further reserves the right to reject any bids which are: a) non- responsive ( e. g.: bids which are incomplete, obscure, or irregular-, bids which omit a bid on any one or more items on which the bids are required, bids which are unbalanced-, bids accompanied by insufficient or irregular bid guaranties), b) any bids from bidders who have previously failed to perform properly or to complete on time contracts of any nature with the City; or c) any bid which fails to provide satisfactory documentation of the bidder' s qualifications as required by Section 00100- 16. 00, Qualification ofBidder. The City reserves the right to waive minor irregularities that may be deemed by the City as inconsequential to the bid, execution of an agreement, and the performance of the work.
25. 00 BONDS AND INSURANCE
The successful bidder, simultaneously with the execution ofthe Agreement, will be required to furnish a Payment Bond on forms provided by the City in an amount equal to one hundred percent( 100%) of the Contract Price, a Faithful Performance Bond in an amount equal to one hundred percent( 100%) of the Contract Price, the Workers Compensation Insurance Certificate, and evidences of insurance. Said insurance and bonds shall only use the forms attached and shall be secured from a surety company satisfactory to City with a minimum A- Class IV rating with Best' s Rating Guide or meeting the following minimum requirements:
June, 2022 00100- 8 City of Manteca
Bid Set CONFORMED WQCF Glycerin System Project
ATTACHMENT 3
SECTION 00100
INSTRUCTION TO BIDDERS
Ifthe Best's Rating for any surety company from which the bidder intends to procure the payment bond, performance bond, or both, is less than A- Class IV and/ or not Treasury Rated, bidder may be required to, within 5 working days after bid opening, submit to the City an original or certified copy of each of the following documents for each surety company from which the bidder intends to procure such bond or bonds:
1. Appropriate authorization ofthe signatory to execute each bond.
2. A certificate of authority issued by the State Insurance Commissioner.
3. A certificate from the County Clerk that the above certificate is not ineffective; and
4. The surety company' s financial statement for the prior quarter as specified in Section 995. 670 of the California Code of Civil Procedure.
Simultaneously with the submission of the documents described in the preceding paragraphs, the bidder shall also submit an affidavit or declaration, under penalty of perjury under the laws of the State of California, demonstrating the following facts for the bond or bonds submitted or to be submitted on the bidder's behalf
1. That the surety company' s assets exceed its liabilities by more than the amount of the bond or bonds submitted on the bidder' s behalf, and
2. That in issuing the bond or bonds submitted on the bidder' s behalf, the surety company shall be in full compliance with California Insurance Code Section 12090, supported by appropriate references to the surety company' s most recent financial statement on file in the office of the State Insurance Commissioner.
Any bidder wishing to object to the sufficiency of any surety company used by another bidder shall comply fully with the provisions of Section 995. 650 of the California Code of Civil Procedure.
The form of Agreement, as provided in Section 00500, Agreement, which the successful bidder as the Contractor will be required to execute, and the forms of bonds as provided in Sections 00610, Faithful Performance Bond and 00620, Payment Bond, which it will be required to furnish, shall be carefully examined by the bidder. The Faithful Performance Bond is to secure the faithful performance of the Contract, and the Payment Bond is to secure the payment of those to whom the bidder may become legally indebted for labor, materials, tools, equipment, or services of any kind used or employed by the bidder in performing the work.
26. 00 AWARD OF CONTRACT
Within ninety ( 90) calendar days after the time of opening of the bids, the City will act either to accept a bid, to reject all bids or with the consent of the bidders and their sureties to extend the time in which the City may act. The acceptance of a bid will be evidenced by a Notice of Award of Contract in writing, delivered in person or by certified mail to the bidder whose bid is accepted. No other act of City will constitute acceptance of a bid.
The issuance of a Notice of Award of Contract shall obligate the bidder whose bid is June, 2022 00100- 9 City of Manteca
Bid Set CONFORMED WQCF Glycerin System Project
ATTACHMENT 3
SECTION 00100
INSTRUCTION TO BIDDERS
accepted to furnish performance and payment bonds and evidences of insurance, and to execute the Agreement in the form set forth in the contract documents. The Agreement will require the completion ofthe work according to the contract documents.
If award is made, it will be based on the lowest responsive, responsible bid that is also in conformance with the requirements ofthe City ofManteca Local Business Enterprise Local Vendor) Preference. A copy of this City Policy is attached to these Instructions to Bidders and the Local Business Enterprise form shall be submitted by the General Contractor with all bids.
27.00 EXECUTION OF CONTRACT
The Agreement shall be executed by the successful bidder and returned, together with the Contract bonds and evidences ofinsurance, within fifteen( 15) days after receiving written Notice of the Award of the Contract. Time is of the essence in this regard. After execution by City, one copy of the Agreement shall be returned to the Contractor.
Failure or refusal to enter into a Contract as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for annulment of the award and the forfeiture of the proposal guaranty. Ifthe successful bidder refuses or fails to execute the agreement, the City may award the contract to the second lowest responsible bidder. Ifthe second lowest responsible bidder refuses or fails to execute the agreement, the City may award the contract to the third lowest responsible bidder. On the failure or refusal of such second or third lowest bidder to execute the agreement, such bidder's guarantees shall be likewise forfeited to the City. The work may then be readvertised.
28. 00 CONSTRUCTION DOCUMENTS
Within five( 5) days after the execution of the Agreement by the City, the City will furnish the Contractor five copies of the Specifications, full and, if available, half- size plans. The Contractor may obtain additional copies from ARC Stockton.
END OF SECTION**
June, 2022 00100- 10 City of Manteca
Bid Set CONFORMED WQCF Glycerin System Project
ATTACHMENT 3
SECTION 00300
BID FORM
DATE: August 23, 2022
1. 00 Enter Into Agreement
The undersigned, as bidder, declares that we have received and examined the Contract Documents entitled WQCF Q Glycerin Y System Y Project and will contract with the City, on the form ofAgreement provided herewith, to do everything required for the fulfillment ofthe Contract Document for the construction ofthe City of Manteca WQCF Glycerin System Project at the prices and on the terms and conditions herein contained. Basis of determination of the low bidder shall be the low bid fisted in the bid schedule.
2.00 Bidder Accepts
Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including, without limitation, those dealing with the disposition ofBid security. This Bid will remain subject to acceptance for the period specified for Notice ofAward after the day ofBid opening. Bidder will sign and deliver the required number ofcounterparts ofthe Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice ofAward.
3. 00 Bidder' s Representations
In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:
a. Bidder has examined and carefully studied the Bidding Documents and the Addenda.
We acknowledge that the following addenda numbers have been received and have been examined as part of the Contract Documents.
Addenda No. Date Received Initials
b. Bidder has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work.
June, 2022 00300- 1 City of Manteca
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ATTACHMENT 3
SECTION 00300
BID FORM
c. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. d. Bidder has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site ( except Underground Facilities) which have been identified in the Technical Specification and in Paragraph 4.02.A. ofthe General Conditions.
Bidder accepts the determination set forth in Paragraph SC- 4. 02. ofthe Supplementary Conditions of the extent of the " technical data" contained in such reports and drawings upon which Bidder is entitled to rely as provided in Paragraph 007004. 02. of the General Conditions.
Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes.
Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness ofinformation and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the site. e. Bidder has obtained and carefully studied( or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions ( surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto.
Bidder does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing ofthe Work in accordance with the times, price and other terms and conditions ofthe Contract Documents.
f. Bidder is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents.
g. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.
h. Bidder has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies in the Contract Documents and the written resolution thereof by Engineer is June, 2022 00300- 2 City of Manteca
Bid Set WQCF Glycerin System Project
CONFORMED
ATTACHMENT 3
SECTION 00300
BID FORM
acceptable to Bidder, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.
Where conflicts, errors, ambiguities or discrepancies have been discovered in or between Contract Documents and/ or other related documents, and where said conflicts, etc., have not been resolved through the interpretations or clarifications by Engineer as described in the Instructions to Bidders, because of insufficient time or otherwise, Bidder has included in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost.
i. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.
June, 2022 00300- 3 City of Manteca
Bid Set WQCF Glycerin System Project
CONFORMED
ATTACHMENT 3
SECTION 00300
BID FORM
4. 00 Bid Prices
Measurement and Payment requirements for Unit Price items are presented in the applicable technical sections ofthe specifications. Bidder will complete the Work in accordance with the Contract Documents for the following prices( s). for
BID SCHEDULE
Bid Description Estimated Unit
Unit
Extended
Item I Quantities Price Price
BASED BID- South Plant
Mobilization, submittals, bonds, licenses, permits, may, I
fees, and insurance( maximum of 4% of total bid LS $ Aood amount)
2 Temporary facilities, temporary power, and d+-
protection of the work
LS $ 000
3 Excavation and backfill of all tank basis and all
LS $
other miscellaneous earthwork.
4 Disposal of excess earthwork materials on site. LS $ 6 DO 5 Removal and reuse of existing rock surfacing at LS $
both tank locations. 44co•
6 Installation of Concrete Tank Bases 2
1z, OCR EA
7 Installation of Concrete Pump Bases Note 1 4
2 J
a EA $ J6 Oda
A'
Installation and repair of all other miscellaneous
8 concrete.
LS $ dQQp
9 Installation of PVC piping, valves, and supports at
LS $ 86
all locations 6 OD
10 Installation of PVC carrier pipe, tubing, and
LS
supports at all locations. 4g
11 Installation of Owner supplied tanks and seismic 2 VP EA $ i restraints. D 61 O
12 Installation of Owner supplied pumps and VFDs 2 S 0o p EA $ 10 p00
d
13 Installation of all tank level instruments 2
50 p
F
EA $ / 00o"
Note 1 : Q & A No 4 clarified the previous quantity of 4 was to be crossed out and to use 2.
June, 2022 003004 City of Manteca
Bid Set WQCF Glycerin System Project
CONFORMED
ATTACHMENT 3
SECTION 00300
BID FORM
Bid Description Estimated Unit Extended
Item Quantities Price
Unit
Price
14 Installation of all electrical conduit, pull boxes, and LS $
supports.
15 Installation of all electrical wiring, terminations, LS $
and labeling. 12l 0() a
Installation of Contractor provided control panels
16 and installation of Owner supplied VFDs in the 2
ale
62,000 control panels. Note 2
All Networking, PLC, and SCADA Programming LS 17 Modifications. 18 Preparation of interconnects and loop drawings,
LS $
and As- built drawings for all new work. ZJ C W
19 Mechanical equipment testing and startup. LS $
t
J
eoElectrical equipment testing, wire testing, and
20 other specified tests for all new or modified LS $ ) e equipment.
goo
21 Miscellaneous items specified or indicated
LS $
elsewhere but not listed above. l
22 Demobilization, warranty paper work, and project LS $?- closeout( minimum of 1%). TOO
Note 2: Q & A No 4 clarified that the unit should be EA not LS.
TOTAL BID FOR ALL UNIT PRICES
I
v P vrd Do r 5
use words)($
3/0 1 16091-
0 usefigures)
Adjusted Bit Total per Note 1 & 2: $ 357, 100. 00
June, 2022 00300- 5 City of Manteca
Bid Set WQCF Glycerin System Project
CONFORMED
ATTACHMENT 3
SECTION 00300
BID FORM
5. 00 Attached Documents
We agree that the following shall be attached hereto and made a part of this bid.
SECTION TITLE
00410 Bid Guaranty Bond
00420 Certification ofBidder' s Experience and Qualifications 00430 Proposed Subcontractors
00440 Local Business Enterprise Form
00450 Site Visit Affidavit
00460 Questionnaire
00470 Non- Collusion Affidavit
00480 Liability Insurance Acknowledgement
00490 DIR SB96 Compliance Affidavit
6. 00 Completion
We agree, if our bid is accepted and a Contract for Performance ofthe Work is entered into with the City, to so plan work and to prosecute it with such diligence that the work shall be completed within the time stipulated.
If our bid is accepted, we agree to sign the Agreement without qualifications and to furnish the performance and payment bonds and the required evidences of insurance within 15calendar days after receiving written Notice ofAward of the Contract.
Attached is a bid guaranty bond as required.
Conco- West, Inc.
Name ofBidder
June, 2022 00300- 6 City of Manteca
Bid Set WQCF Glycerin System Project
CONFORMED
ATTACHMENT 3
SECTION 00300
BID FORM
7. 00 Contractor' s License and Address for Communications The undersigned certifies that the undersigned holds California Contractor' s License, Class A& B , number 353199 expiration date 3/ 31/ 2023
Conco- West, Inc.
Name of Bidder
Signature of Bidder
President
Title of Signator
3 E. Wetmore St. ( PO Box 1360)
Mahleca, CA-953-37---)
Bidder
John Onken
Witness
Vice- President
Title of Witness State of Incorporation
209-239-2110
Phone Number
209-239-2384
FAX Number
END OF SECTION**
June, 2022 00300- 7 City of Manteca
Bid Set WQCF Glycerin System Project
CONFORMED
ATTACHMENT 3
CONFORMED
ATTACHMENT 3
SECTION 00410
BID GUARANTY BOND
To be submitted with bid)
The attached form shall be turned in with the bid as the Bid Guaranty Bond with the form signed and notarized by the surety. Alternately, the bidder may submit the following forms of bidder' s security:
a. Cash
b. A cashier' s check made payable to the City.
C. A certified check made payable to the City.
If a bid guaranty bond is submitted on a form other than that provided herein, then the alternate bid guaranty bond must meet all the requirements of the form provided herein. If the alternate bid guaranty bond is not acceptable to the City, then the bid may be subject to rejection. The City shall be the sole judge as to whether the alternate bid guaranty bond form is acceptable.
June, 2022 00410- 1 City of Manteca
Bid Set CONFORMED WQCF Glycerin System Project
ATTACHMENT 3
SECTION 00410
BID GUARANTY BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WESTERN SURETY
THAT WE, CONCO- WEST, INC. AS PRINCIPAL, AND COMPANY AS SURETY, are held and firmly bound unto the City of Manteca in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Manteca for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made to the City of Manteca to which said bid was submitted, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents, in no case shall the liability of the surety hereunder exceed the sum of$" TEN PERCENT( 10%) OF AMOUNT BID"
THE CONDITION OF THIS OBLIGATION IS SUCH
THAT WHEREAS, the Principal has submitted the above- mentioned bid to the City of Manteca, aforesaid, for certain construction specifically described as follows, for which bids are to be opened at Manteca, California
FOR: WQCF Glycerin System Project
NOW, THEREFORE, if the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented for signature, the Principal enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City of Manteca, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, and provide certificate of insurance coverage required by the contract documents, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect, and the surety shall pay said penal sum of City ofManteca on demand.
IN WITNESS WHEREOF, we have hereunto set our hand on this 8th day of August , 2022
CONCO- WEST, INC. WESTERN SURETY COMPANY
Michael O. DeRousse, President Karen Amin, Attorney- in- Fact Titl of for
se ,
Title f 3ignator seal)
Signature of Principal SigAAre of Surety
Best Rating: A xly
P. O. Box 1360, Manteca, CA 95336 8880 Cal Center Drive, Suite 410, Sacramento, CA 95826 Address: Address:
Note: Signatures ofthose executing for the surety must be properly acknowledged.
END OF SECTION**
June, 2022 00410- 2 City of Manteca
Bid set WQCF Glycerin System Project
CONFORMED
ATTACHMENT 3
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Joaquin
On August 8, 2022 before me, Jennifer Loper, Notary Public insert name and title of the officer)
personally appeared Karen Amin and Michael O. DeRousse
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) Ware subscribed to the within instrument and acknowledged to me that W;b,-,,/they executed the same in M their authorized capacity( ies), and that by his haltheir signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
r
WITNESS m hand and official seal. p
SJ JENNIFER LOPER
y
Cot+i9.# 2344049 n
NOTARY PUULIC• CALIFORNIA
SAN JOAQUIN COUNTY
FORtiMy Comm Wrm JAN 27, 2025
Signature( VO AVA Seal)
CONFORMED
ATTACHMENT 3
ATTACHMENT 3
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Alen By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint
Daniel M Connolly, Karen Amin, Jennifer Loper, Individually of Lodi, CA, its true and lawful Attorneys)- in- Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By- law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 25th day of June, 2021.
WESTERN SURETY COMPANY
WIVC l}n€
saSf A%';
U"amnm
Op" ems
u " aul T. Bruflat, Vice President v
State of South Dakota 1
Jj
ss
County of Minnehaha
On this 25th day of June, 2021, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation.
My commission expires M. BENT
NOTARY PUBLIC i
March 2, 2026 i
een SOUTH DAKOTA e
4, 4,,,,,, 4,,,,,,,,
i
M. Bent, Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By- Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 8th day of August 2022 a° uFETy r, WESTERN SURETY COMPANY
y 4oQ`? Ogq+ lD3 rIf
L. Nelson, Assistant Secretary
Form F4280- 7-2012
Go to www.cnasurety.com> Owner/ Obligee Services> Validate Bond Coverage, if you want to verify bond authenticity.
CONFORMED
ATTACHMENT 3
Authorizing By- Lao
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By- Law duly adopted by the shareholders ofthe Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal maybe printed by facsimile.
CONFORMED
ATTACHMENT 3
SECTION 00420
CERTIFICATION OF BIDDER' S EXPERIENCE AND QUALIFICATIONS SECTION 00420
CERTIFICATION OF BIDDER' S EXPERIENCE AND QUALIFICATIONS
1. 00 QUALIFICATIONS
By signing in the area indicated below, the Bidder acknowledges and certifies the following:
A. The Bidder— at the time of bidding award, and throughout, the period of the contract— shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California, to do the type of work contemplated in the contract documents. In accordance with Public Contract Code Section 20103. 5, any Bidder not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractor's State License Board.
B. The Bidder is skilled and regularly engaged in the general class and type of work called for in the contract documents.
C. The Bidder is competent, knowledgeable, and has special skills required for the nature, extent, and inherent conditions of the work to be performed.
D. The Bidder acknowledges that there may be certain peculiar and inherent conditions existent in the construction ofthe particular facilities which may create, during the construction program, unusual or peculiar unsafe conditions hazardous to persons and property. Bidder expressly acknowledges that it is aware of such peculiar risks and that it has the skill and experience to foresee and to adopt protective measures to adequately and safely perform the construction work with respect to such hazards.
E. The Bidder shall retain specialized Subcontractors whose experience and qualifications meet the requirements specified herein. Proposed Subcontractors shall be listed in Section 00430, Proposed Subcontractors. Documentation of specialized subcontractors' experience and qualifications shall be submitted by the Bidder with completed bid documents.
2. 00 CONTRACTOR EXPERIENCE AND QUALIFICATION REQUIREMENTS To be submitted with bid)
A. Chemical Installation Experience— General Contractor, shall have had a minimum of two similar chemical installation project in the past 10 years at municipal wastewater treatment or water plants.
June, 2022 00420- 1 City of Manteca
Bid Set CONFORMED W Q CF Glycerin GlY SY stem Project J ATTACHMENT 3
SECTION 00420
CERTIFICATION OF BIDDER' S EXPERIENCE AND QUALIFICATIONS
1. Contractor or Subcontractor Name: Conco- West, Inc.
Project Name: Hopyard Well 6 & Stoneridge Well 1
Owner: Zone 7 Water Agency
Equipment and Piping: Miltonroy chemical metering pumps; pvc piping & valves; Construction Cost: $ 537,000 Polycal polyethylene tanks Construction Change Orders, number/ total dollars: $ 39,045 Owner' Representative: Athena Watson
Owner' s Telephone No.: 9( 25 ) 454- 5030
Date of Substantial Completion: 6/ 22/2018
2. Contractor or Subcontractor Name: Conco-West, Inc.
Project Name: CLSP Tank & Booster Pump Station
Owner: Saybrook CLSP LLC: Saybrook Fund Investors, LLC
Equipment and Piping: BWE whote chemcial dosing skids; ansman polyethelene Construction Cost: $ 6, 527,700 chemical tank, pvc piping Construction Change Orders, number/ total dollars: $ 261, 240 Owner' Representative: Ken Reed
Owner' s Telephone No.: 209 941- 7430
Date of Substantial Completion: 4/ 14/2021
Signed this 23rd day of August 2022
Conco- West, Inc.
Signature of Bidder Name of Bidder
President 353199
Title of Signator Contractor' s License No.
3/ 31/ 2023
Expiration Date
END OF SECTION**
June, 2022 00420- 2 City of Manteca
R; a eo* CONFORMED WOC:F C; lvicerin Svstem Proiect
ATTACHMENT 3
SECTION 00430
PROPOSED SUBCONTRACTORS
To be submitted with bid)
Pursuant to California Public Contracting Code, Section 4100 et. seq., the following list gives the name, business address, and portion of work( description of work to be done) for each subcontractor that will be used in the work ifthe bidder is awarded the Contract. ( Additional supporting data may be attached to this page. Each page shall be sequentially numbered, and headed" Proposed Subcontractors" and shall be signed.)
Name CLSB License Description f r Work 1
P 0 o Work of Wo Status
Number
WCOJ!, att- R&- 10o00bZ,} 07 19 C70
Conco- West, Inc.
Name of Bidder
1 Status M= Minority Owned Business Enterprise.
W= Women Owned Business Enterprise.
END OF SECTION**
June, 2022 00430- 1 City of Manteca
TVA QPf rnNjpnRMFn W! V' F rllvrPr;n QVCf. M Prn; prt
ATTACHMENT 3
ATTACHMENT 3
SECTION 00440
CITY OF MANTECA
LOCAL BUSINESS ENTERPRIS E (LOCAL VENDOR PREFERENCE
1. 00 RECITALS
1. Whereas it is the responsibility of the City to assure that all competitive bids for services, supplies and projects, as well as all professional services, are comprehensively reviewed and evaluated by City staff to ensure the best quality of work is received for the least amount of taxpayer money; and
2. Whereas the City is desirous of providing a preference for local business enterprises vendors), in an attempt to keep as many local jobs as local as possible, and
3. Whereas the City hopes to balance this preference with assuring the public that the best enterprise/ vendor is selected for each and every City contract.
2. 00 POLICY
Definition of" Local Business Enterprise ( LBE):" A business enterprise, including but not limited to a sole proprietorship, partnership or corporation, which has a legitimate business presence in the incorporated City limits ofthe City of Manteca. Evidence of legitimate presence in Manteca shall include:
A. Having a current Manteca business license; and
B. Having either of the following types of offices operating legally within the City of Manteca:
1. The contractor' s principal office; or
2. The contractor' s regional, branch or satellite office with at least one full-time employee located in the corporate boundaries of the City of Manteca. A post office box address alone does not constitute a" Local Business Enterprise." Public, Competitive Bids:
If two or more bids received from responsible bidders are for the same total amount or unit price— quality and service being equal— preference shall be given to the LBE.
In the event two or more bids are received and they are not for the same total amount or unit price, and a bid submitted by a qualified LBE is within 5% ( total net cost) of the lowest bid or quote, the LBE may be deemed to be the lowest bidder ifthe LBE agrees, in writing within one business day, to reduce its bid to match the bid or quote of the lowest bidder, providing that the City determines the LBE to be a responsible bidder.
June, 2022 00440- 1 City of Manteca
Bid Set CONFORMED WQCF Glycerin System Project
ATTACHMENT 3
SECTION 00440
CITY OF MANTECA LOCAL BUSINESS ENTERPRISE( LOCAL VENDOR) PREFERENCE Professional Services:
For professional services not requiring formal bids or quotations, vendor selection is based primarily on qualifications, project understanding and schedule, with cost a secondary concern. Nonetheless, a proposal submitted by a qualified LBE will be taken into account in reaching a final consultant selection decision. A qualified LBE will be provided 5 points out of 100 in scoring the proposals.
June, 2022 00440- 2 City of Manteca
Bid Set CONFORMED WQCF Glycerin System Project
ATTACHMENT 3
SECTION 00440
CITY OF MANTECA LOCAL BUSINESS ENTERPRISE( LOCAL VENDOR) PREFERENCE
LOCAL BUSINESS ENTERPRISE
To be submitted with bid)
Are you a local business enterprise according to this policy? Yes X
No
If the answer is yes, complete the following:
City of Manteca Business License Number: 13180
Address of local office with at least one full-time employee:
322 E. Wetmore Street Manteca, CA 95337
I certify under penalty of perjury that the foregoing is true and correct. i
Bidders Name: Conco-West, Inc. Date: 8/ 23/ 2022
Bidders Signature:
Authorized Agent
June, 2022 00440- 3 City of Manteca
Rirl CPt CONFORMED w(V'F( avrPrin CvetPm Prnivrt
ATTACHMENT 3
ATTACHMENT 3
SECTION 00450
SITE VISIT AFFIDAVIT
To be submitted with bid)
NAME OF PROJECT: City of Manteca, Waste Water Quality Control Facility WQCF Glycerin System Project
State of California
County of San Joaquin
Mike DeRousse being first duly sworn, deposes
Printed Name of Contractor' s Authorized Representative) he or she is
President of Conco- West, Inc.
Title of Representative) Bidder' s Name)
the party making the bid, has visited the Site of the Work as described in the Contract Documents and has examined and familiarized themselves with the existing conditions, as well as all other conditions relating to the construction which will be performed. The submitting of a bid shall be considered an acknowledgement on the part ofthe Bidder offamiliarity with conditions at the site of Work. The Bidder further acknowledges that the site examination has provided adequate and sufficient information related to existing conditions which may affect cost, progress or performance of the Work.
Signed this 23rd day of August 22022
40 Authorized Signature
END OF SECTION**
June, 2022 00450- 1 City of Manteca
ATTACHMENT 3
ATTACHMENT 3
SECTION 00460
QUESTIONNAIRE
To be submitted with bid)
In accordance with Government Code Section 14310.5, the bidder shall complete, under penalty of perjury, the following questionnaire:
QUESTIONNAIRE
1. Has the bidder, any officer of the bidder, or any employee ofthe bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or YES NO X completing a federal, state, or local government project because of a violation ofthe law or a safety regulation?
2. Has a contractor' s license held by your firm and/ or any owner, officer or partner of your firm been revoked at anytime in the last YES NO X five ears?
3. Within the last five years, has a surety firm completed a contract on your firms behalf, or paid for completion of a contract to which your YES NO X firm was a party, because your firm was considered to be in default or was terminated for cause by the project owner?
4. At the time of submitting this questionnaire, is your firm ineligible to bid on or be awarded a public works contract, or perform as a contractor on a
public works contract, pursuant to either California YES NO X Labor Code Section 1777. 1 ( prevailing wage violations) or Labor Code Section 1777.7 ( apprenticeship violations)?
5. At any time in the last five years, has your firm, or any of its owners, officers or partners been convicted of a crime involving the
YES NO X
awarding of a contract for a government/public construction project, or the bidding or performance of a government/ public contract?
6. Within the last five years, has your firm been assessed liquidated
YES NO X
damages on any public contract?
7. Within the last three years has your firm or representatives been debarred from bidding on, or completing any public works YES NO X construction contract for any reason?
8. Has CAL OSHA assessed penalties against your firm for any serious or willful violation occurring on a construction project at YES NO X anytime in the last three ears?
9. In the past three years, have civil penalties or Notice of Complaint letter of warning) been issued or assessed against your firm pursuant to California Labor Code 1777. 7 for violation of California YES NO X public works apprenticeship requirements by the California Division ofApprenticeship Standards AS ?
10. In the past three years, has a public agency in California withheld contract payments or assessed penalties against your firm for YES NO X violation of public works prevailing wage requirements? June, 2022 00460- 1 City of Manteca
n: a Qe. CONFORMED Wr) rP rhw rin CVCfPm nrnient
ATTACHMENT 3
SECTION 00460
QUESTIONNAIRE
11. Has your firm been assessed penalties for violation of public works
YES NO X
prevailing wage requirements by the DLSE( Labor Commissioner)?
12. Does your firm have any pending complaints or investigations by a
YES NO X
regulatory authority?
I, the undersigned, certify and declare that I have read and understood the questionnaire. I declare under penalty ofperjury under the laws of the State of California that the foregoing is true and correct.
Date August 23, 2022 Signature
END OF SECTION**
June, 2022 00460- 2 City of Manteca
n; A cA* CONFORMED WnCY7 rlvrPrin CvctPm PrniPrt
ATTACHMENT 3
SECTION 00470
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
State of California )
ss.
County of San Joaquin)
Mike DeRousse being first duly sworn, deposes and say that he or she is of President 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, business entity, business combination, 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.
Signature
Conco- West, Inc.
Name of Bidder
President
Title
8/ 23/ 2022
Date
cribed and sworn to before me this
day 720
SEE ATTACHED*
Signature of Notary Public in d for
the County of
State of California.
END OF SECTION**
June, 2022 00470- 1 City of Manteca
D: a Ce+ CONFORMED Wnr' F rUvnarin. QvdP.m Prnient
ATTACHMENT 3
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of . 2n Jcq! L) i n
On ffi) 91) f& 23,202-Z. before me,aOan' ttf_1 e Ylk n , .jw CA- an1 , Date Here Insert Name and Title of the Officer
personally appeared M1y _De--Rcosse
Name( s) of Signer( s)
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/their authorized capacity( ies), and that by his/ her/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
10°>, DANIELLEMARIEONNEN WITNESS my hand and official al. w Notary Public. California
San Joaquin County
Commission k n i i i sa
My Comm. Expires Aug 11, 2024
r
Signature
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer( s) Other Than Named Above:
Capacity( ies) Claimed by Signer( s)
Signer' s Name: Signer' s Name:
Corporate Officer — Title( s): Corporate Officer — Title(s):
Partner — Limited General Partner — Limited General
Individual Attorney in Fact Individual Attorney in Fact Trustee Guardian or Conservator Trustee Guardian or Conservator Other: Other:
Signer Is Representing: Signer Is Representing:
02014 National Notary Association • www. NationalNotary. org - 1- 800- US NOTARY( 1- 800- 876- 6827) Item# 5907
CONFORMED
ATTACHMENT 3
SECTION 00480
LIABILITY AND INSURANCE REQUIREMENTS
1. INDEMNIFICATION
The Contractor shall indemnify, hold harmless and assume the defense ofthe City, the Engineer, the Construction Manager and their elected officials, officers, agents, employees and representatives from all damages, costs, or expenses in law or equity, including attorney' s fees, that may at any time arise to cause damages to property, or of personal injury received by reason of or in the course ofperforming work, which may be occasioned by any willful or negligent act or omission of the Contractor, any of the Contractor' s employees, or any of its subcontractors arising out ofwork under this Contract.
Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Paragraph 00820- 1. 01, Indemnification, and the Contractor shall be responsible for payment of all amounts it is obligated to pay under Paragraph 00820- 1. 01, Indemnification, which have not been paid by such insurance contracts. The City shall not be liable for any accident, loss, or damage to the work prior to its completion and acceptance.
2. INSURANCE REQUIREMENTS
A. General
After award of Contract, the Contractor shall promptly obtain, at its own expense, all the insurance required by Paragraph 00820- 2. 01 B, City of Manteca Insurance Requirements for Contractors, and shall submit coverage verification for review and approval by the City upon execution of the Contract.
The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the City.
The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by the Contractor. Such insurance shall remain in full force and effect at all times during the prosecution ofthe Work and until the final completion and acceptance thereof.
The Notice to Proceed does not relieve the Contractor of the duty to maintain such insurance as required by Paragraph 00820- 2.01 B, City of Manteca Insurance Requirements for Contractors.
The City reserves the right to occupy existing facilities under construction or to use or occupy parts ofthe Work as provided for in 00700- 14. 05, Partial Utilization. Insurance policies shall not restrict or limit such use.
B. City of Manteca Insurance Requirements for Contractors ( with Construction Risks) The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.
June, 2022 00480- 1 City of Manteca
Bid Set CONFORMED WQCF Glycerin System Project
ATTACHMENT 3
SECTION 00480
LIABILITY AND INSURANCE REQUIREMENTS
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 ( Ed. 1/ 87) covering Automobile Liability code 1 ( any auto).
3. Workers' Compensation insurance 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.
4. Course of Construction insurance form providing coverage for" all risks" ofloss.
Minimum Limits of Insurance
The Contractor shall maintain limits no less than:
1. General Liability: Must be written on an " occurrence" basis $ 5, 000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, 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: $ 5, 000,000 per accident for bodily injury and property damage.
3. Employer' s Liability: $5, 000,000 per accident for bodily injury or disease.
4. Course of Construction: equal to the completed value of the project and no coinsurance penalty provisions.
Deductibles and Self-insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City of Manteca. At the option ofthe City ofManteca, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City ofManteca, its officers, officials, employees, agents and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Manteca, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf ofthe Contractor products and completed operations of the Contractor, premises owned, occupied or used by the Contractor: or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Manteca, its officers, officials, employees, agents or volunteers.
2. For any claims related to this project, the Contractor' s insurance coverage shall be primary insurance as respects the City ofManteca, its officers, officials, June, 2022 00480- 2 City of Manteca
Bid Set CONFORMED WQCF Glycerin System Project
ATTACHMENT 3
SECTION 00480
LIABILITY AND INSURANCE REQUIREMENTS
employees, agents or volunteers. Any insurance or self-insurance maintained by the City of Manteca, its officers, officials, employees, agents or volunteers shall be in excess of the Contractor' s insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Manteca, its officers, officials, employees, agents or volunteers.
4. The Contractor' s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty ( 30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Manteca.
Course of construction policies shall contain the following provisions:
1. The City of Manteca shall be named as loss payee.
2. The insurer shall waive all rights of subrogation against City of Manteca.
Ifthe contractor maintains higher limits than the minimums shown above, the City of Manteca requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Manteca.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five( 5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not placed with another claims- made policy form with a retroactive date prior to the contract effective, or start or work date, the Contractor must purchase extended reporting period coverage for a minimum offive (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Manteca for review.
5. Ifthe services involve lead-based paint or asbestos identification/ remediation, the Contractors Pollution Liability policy shall not contain lead- based paint or asbestos exclusions. If the services involve mold identification/ remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
June, 2022 00480- 3 City of Manteca
Bid Set CONFORMED WQCF Glycerin System Project
ATTACHMENT 3
SECTION 00480
LIABILITY AND INSURANCE REQUIREMENTS
Subcontractors
The Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Verification of Coverage
The Contractor shall furnish the City of Manteca with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City of Manteca. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII
Waiver of Subrogation
The Contractor hereby grants to The City of Manteca a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. The Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless ofwhether or not the Entity has received a waiver of subrogation endorsement from the insurer.
Insurance Forms
The City of Manteca will accept the ACORD 25- S Certificate of Liability Insurance Form accompanied by a Commercial General Liability Endorsement Form No. CG 20 10 11 85 and an Automobile Liability Endorsement Form. The City will accept the Certificate of Worker's Compensation Insurance Form provided by the " State Compensation Insurance Fund".
Note: The General Liability and Automobile Liability endorsements must contain the provisions listed in the section above titled " Other Insurance Provisions".
Submittal of any forms other than the above listed preapproved forms, failure to submit forms, failure to submit forms with required provisions may delay award of contract until all requirements are met in accordance with this Section.
June, 2022 004804 City of Manteca
Bid Set CONFORMED WQCF Glycerin System Project
ATTACHMENT 3
INSURANCE ACKNOWLEDGMENT
To be submitted with bid)
I have reviewed the City ofManteca's insurance requirements and I am aware of the types and amounts of insurance coverages that are required. I am also aware that my insurance company is required to use the Certificate of Insurance Form, and General Liability Special Endorsement, Automobile Liability Special Endorsement, and Workers' Compensation and Employer' s Liability Special Endorsement Forms, provided herein. I have reviewed the City ofManteca's insurance requirements with my insurance carrier and I will be able to provide the required insurance coverages on the specified forms if awarded this project.
Bidder' s Signature
Date 8/ 23/ 2022
END OF SECTION**
June, 2022 00480- 5 City of Manteca
Bid Set CONFORMED WOCF Glycerin System Project
ATTACHMENT 3
ATTACHMENT 3
SECTION 00490
DEPARTMENT of INDUSTRIAL RELATIONS and SB 96
COMPLIANCE AFFIDAVIT
No contractor or subcontractor may be listed on a bid proposal for a public works project or be awarded a contract for public work on a public works project unless registered with the Department ofIndustrial Relations( DIR) pursuant to Labor Code section 1725. 5[ with limited exceptions from this requirement for bid purposes PAP onlyY under Labor Code section 1771 .j NOTE: This section does not apply PP to public works performed of$25,000 or less comprised ofconstruction, alteration, demolition, installation, or repairs, or of$15,000 or less comprised ofmaintenance. Pursuant to Public Contract Code section 4104, bidders must provide the DIR registration numbers for all subcontractors listed in a bid for a project.
This project is subject to compliance monitoring and enforcement by the Department ofIndustrial Relations.
In accordance with California Labor Code as amended through Senate Bill SB 96, prior to commencement of the Contract, all Contractors are required to register, and maintain active registration throughout the duration of the contract with the California Department of Industrial Relations( DIR). For information regarding registration, please go to:
http:// www. dir.ca. gov/
I, the Bidder, certify that:
I am aware of the provisions of Senate Bill SB 96 and subsequent DIR regulations, which require ContractorsNendors to comply with all labor compliance requirements including but not limited to prevailing wage requirements, Labor Code sections 1725. 5, 1771. 1( a), 1774- 1776, 1777. 5, 1813, 1815, Public Works Contractor Registration Program, Electronic Certified Payroll Records to Labor Commissioner, Public Contract Code section 4104, and other requirements described in the DIR website. I will comply with such provisions before commencing the performance of the work of this contract, and maintain compliance throughout the completion of said contract." Project: WQCF Glycerin System Project
X 6 Conco-West, Inc.
Signature Business Name
Mike DeRousse 353199
Print Name CSLB License#
President 1000001168
Title Public Works Contractor( PWC) Registration#
mderousseQa concowestinc. com Carpenters, Cement Masons, E-mail Labor Classification( s)
8/ 23/ 2022 Laborers, Operators
Date Labor Classifications( s), continued
END OF SECTION**
June, 2022 00490- 1 City of Manteca
Bid Set WQCF Glycerin System Project
CONFORMED
ATTACHMENT 3
ATTACHMENT 3
SECTION 00500
AGREEMENT
THIS AGREEMENT, made this day ofC± n QL /
20 Z?b by and between City of Manteca, hereinafter called the " City," and Conco- West, Inc. hereinafter
called the " Contractor."
WITNESSETH:
Article 1. WORK
WHEREAS, the City has caused the contract documents to be prepared comprised of bidding and contract requirements and technical specifications and plans for the construction of the WQCF Glycerin System Project as described therein, and WHEREAS, the Contractor has offered to perform the proposed work in accordance with the terms of the contract documents for the sum of$ 357, 100. 00 subject to additions and deductions provided therein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties herein contained and to be performed, the Contractor hereby agrees to complete the work at the total bid and on the terms and conditions herein contained, and the City agrees to pay the Contractor as provided herein for the fulfillment of the work and the performance ofthe covenants set forth herein.
The further terms, conditions, and covenants of the Contract are set forth in the contract documents, each ofwhich is by this reference made a part hereof.
Article 2. ENGINEER
The Project has been designed by HERWIT Engineering, who is hereinafter called Engineer and who is to act as the Owner' s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the contract documents in connection with completion of the Work in accordance with the contract documents.
Article 3. CONTRACT TIMES
3. 1. The Work shall be Substantially Complete within 60 Calendar Days and all remaining items and final completion of the contract work shall be Final Complete in 90 calendar days from the date specified in the Notice to Proceed. All periods shall begin after the date when the contract times commence to run as provided in Paragraph 2. 03 of the Standard General Conditions of the Construction Contract, and ready for final payment in accordance with Paragraph 14. 07B of the Standard General Conditions of the Construction Contract.
3. 2. Liquidated Damages. The Owner and Contractor recognize that time is of the. essence of this Agreement and that the Owner will suffer financial loss if the Work is not completed June, 2022 00500- 1 City of Manteca
Bid Set CONFORMED WQCF Glycerin System Project
ATTACHMENT 3
SECTION 00500
AGREEMENT
within the times specified in Paragraph 3. 1. above, plus any extensions thereof allowed in accordance with Article 12 of the Standard General Conditions of the Construction Contract. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by the Owner ifthe Work is not completed on time. Accordingly, instead ofrequiring any such proof, the Owner and Contractor agree that as liquidated damages for delay( but not as a penalty), the Contractor shall pay the Owner$ 2, 000 for each day that expires after the times specified in Paragraph 3. 1 or any proper extension thereof granted by the Owner for Substantial Completion of the Work. If the Contractor shall neglect, refuse or fail to complete the remaining Work within the time specified in Paragraph 3. 1. for Final Completion and any proper extension thereof granted by the Owner, the Contractor shall pay the Owner$ 1, 000 for each day that expires after the time specified in Paragraph 3. 1. for Final Completion and readiness for final payment.
Article 4. PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with Article 14 of the Standard General Conditions of the Construction Contract. Applications for Payment will be processed by Construction Manager as provided in the Standard General Conditions of the Construction Contract.
Article 5. INTEREST
Payment of interest shall be as provided in the Standard General Conditions ofthe Construction Contract.
Article 6. CONTRACTOR' S REPRESENTATIONS
In order to induce the Owner to enter into this Agreement, the Contractor makes the following representations:
6. 1. The Contractor has thoroughly examined and carefully studied the contract documents including the Addenda listed in Paragraph 8.) and the other related data identified in the Bidding Documents including " technical data."
6. 2. The Contractor has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work.
6. 3. The Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing ofthe Work.
6.4. The Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings ofphysical conditions in or relating to existing surface or subsurface structures at or contiguous to the site ( except Underground Facilities) which have been identified in the project Technical Specifications and Paragraph
4. 02A. of the Standard General Conditions of the Construction Contract.
The Contractor accepts the determinations set forth in Paragraph 4. 02. of the Standard General Conditions and the limitations and extent of the " technical data" contained in such June, 2022 00500- 2 City of Manteca
Bid Set WQCF Glycerin System Project
CONFORMED
ATTACHMENT 3
SECTION 00500
AGREEMENT
reports and drawings upon which the Contractor is entitled to rely as provided in Paragraph
4. 02. of the Standard General Conditions of the Construction Contract.
The Contractor acknowledges that such reports and drawings are not contract documents and may not be complete for the Contractor' s purposes.
The Contractor acknowledges that the Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the contract documents with respect to Underground Facilities at or contiguous to the site.
The Contractor has obtained and carefully studied( or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by the Contractor and safety precautions and programs incident thereto.
The Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the contract times and in accordance with the other terms and conditions of the contract documents.
6. 5. The Contractor is aware of the general nature of work to be performed by the Owner and others at the site that relates to the Work as indicated in the contract documents.
6. 6. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the site, reports and drawings identified in the contract documents and all additional examinations, investigations, explorations, tests, studies and data with the contract documents.
6. 7. The Contractor has given the Owner or Engineer written notice of all conflicts errors ambiguities or discrepancies in the contract documents and the written resolution thereof by Engineer through issued addendum or addenda is acceptable to the Contractor, and the contract documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing ofthe Work. When said conflicts, etc., have not been resolved through interpretation or clarification by the Owner, because of insufficient time or otherwise, The Contractor has included in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost; and said greater cost is included in the Contract Price.
Article 7. CONTRACT DOCUMENTS
The contract documents which comprise the entire agreement between the Owner and Contractor concerning the Work consist of the following:
7. 1. This Agreement.
June, 2022 00500- 3 City of Manteca
Bid Set WQCF Glycerin System Project
CONFORMED
ATTACHMENT 3
SECTION 00500
AGREEMENT
7. 2. Exhibits to this Agreement.
7. 3. Performance, Payment, and other Bonds.
7. 4. Notice to Proceed.
7. 5. Standard General Conditions ofthe Construction Contract.
7. 6. Supplementary Conditions.
7. 7. Specifications bearing the title WQCF Glycerin System Project Volume 1 of 2 and consisting of 16 divisions, as listed in table of contents thereof.
7. 8. Drawings bearing the title WQCF Glycerin System Project Volume 2 of 2 consisting of a cover sheet and sheets as listed in table of contents thereof.
7. 9. Addenda numbers NSA to NSA , inclusive.
7. 10. Bid Period Questions and Answers (Erielasure A).
I/
Section 00300 to Section 00490
7. 11. Contractor' s Bid( pages Q& A to inclusive) marked- Exhibit
7. 12. Documentation submitted by the Contractor prior to Notice ofAward( pages thl/A N/A inclusive).
7. 13. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached thereto:
7. 14. All written amendments and other documents amending, modifying or supplementing the contract documents pursuant to Paragraph 3. 04 of the Standard General Conditions of the Construction Contract.
There are no contract documents other than those listed above in this Article 7. The contract documents may only be amended, modified or supplemented as provided in Paragraph 3. 04 of the Standard General Conditions of the Construction Contract.
Article 8. MISCELLANEOUS
8. 1. Terms used in this Agreement which are defined in Article 1 of the Standard General Conditions of the Construction Contract will have the meanings indicated in the Standard General Conditions of the Construction Contract.
8. 2. 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 ofthe party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys 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 June, 2022 00500- 4 City of Manteca
Bid Set WQCF Glycerin System Project
CONFORMED
ATTACHMENT 3
SECTION 00500
AGREEMENT
IN WITNESS WHEREOF, this agreement has been executed on this day of 920
CITY OF MANTECA
F
Mike DeRousse
Name of Contractor
Toni Lundgren, Interim City Manager
Signature o Contractor AT-TEST
President
Title of Signator Cassan a Candini- Tilton,
Director of Legislative Services
P.O. Box 1360 Manteca, CA 95336
Address 10 - J O•,- L
Date
209) 239- 2110 COUNTERSIGNED:
Phone Number
353199 A & B Bret n, irec \ r of Finance
Contractor' s License No.
10 •
Date
mw
ED:
Cortesi,
Acting Director ofHuman Resources
Date
APPROVED AS TO FORM
L. David Nefouse, City Attorney
Df N I ELCA &
De, uty city A wpwey
10/ I G/ 202Z
Date
END OF SECTION"
June 2022 00500- 6 City of Manteca
Bid Set WQCF Glycerin System Project
CONFORMED
ATTACHMENT 3
SECTION 00500
AGREEMENT
any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the contract documents.
8. 3. The Owner and 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 to all covenants, agreements and obligations contained in the contract documents.
8. 4. Any provision or part of the contract documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The Owner and Contractor, who agree that the contract documents shall be reformed to replace such stricken provision or part thereofwith a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.
June, 2022 00500- 5 City of Manteca
Bid Set WQCF Glycerin System Project
CONFORMED
ATTACHMENT 3
Bond No. 30135318
Premium:$ 3, 571. 00
SECTION 00610
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, City of Manteca, hereinafter designated the " City," has, on
September 27 , 2022, awarded to
CONCO- WEST, INC. hereinafter designated as the " Principal," a Contract for the construction of the WQCF Glycerin System Project.
WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract:
NOW, THEREFORE, WE, the Principal, and WESTERN SURETY COMPANY as
T11EE HUNDRED FIFTY
Surety, are held and firmly bound unto the City the penal sum ofHUNDRED AND Non 00** SEVEN THO9USAND ONE
dollars ( S ** 357, 100. 00** ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounded Principal, it or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on it 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, the City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
It is acknowledged that the Contract provides for one- year warranty period from date of final acceptance of the Work by the Owner, during which time this bond remains in full force and effect.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, 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 Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
l
June, 2022 00610- 1 Cit of Manteca
f: nNFnRMFn
ATTACHMENT 3
AIC
ATTACHMENT 3
SECTION 00610
FAITHFUL PERFORMANCE BOND
IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this 27th day of September , 20 22 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
CONCO- WEST, INC.
Principal
Seal)
Signature for Principal
Michael O. DeRousse, President
Title of Signator
WESTERN SURETY COMPANY
Surety
Seal)
Sin ture for Surety
Karen Amin, Attorney- in- Fact
Title of Signator
END OF SECTION"
June 2022 00610- 2 City of Manteca
n;, 4 co, rnNFnRNAFn urnrF f-,1 -. 4- c— t—
ATTACHMENT 3
ATTACHMENT 3
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Joaquin
On September 27, 2022 before me, Jennifer Loper, Notary Public insert name and title of the officer)
personally appeared Karen Amin and Michael O. DeRousse
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) Ware subscribed to the within instrument and acknowledged to me that I* ft/they executed the same in ktk6 Wtheir authorized capacity( ies), and that by f>aWkvx1their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
JENfL
WITNESS my hand and official seal.
4'_,. ,
F,`9
Tr ;: cot, tnj. 2314049
HOTAPY FUSLIC- CALIFORNIA a
AN JOAQUIN COUtdTY
y
c,,,, E,? r= Jf%M 27, 2025
Signature Seal)
ATTACHMENT 3
ATTACHMENT 3
Bond No. 30135318
Premium: Included in Conjunction with
Performance Bond
SECTION 00620
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, City of Manteca, hereinafter designated as the " City," has, on
September 27
1 20 22 , awarded to
CONCO- WEST, INC. hereinafter designated as the " Principal," a Contract for the construction of the WCF Glycerin System Project and
WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, we, the Principal, and WESTERN SURETY COMPANY HH ,
as Surety, are
held and firmly bound unto the City the penal Sum Of AND NO/,GORED FIFTY SEOITaiQSU, AND ONE HUNDRED 357, 100. 00*• lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney' s fees to the City as shall be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to theirs or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
June, 2022 00620- 1 City of Manteca
u: a cot rnmF: nRMFI7 117nrr
ATTACHMENT 3
ATTACHMENT 3
SECTION 00620
PAYMENT BOND
IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this 27th day of September 20 22 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
CONCO- WEST, INC.
Principal
Seal)
Signature for Principal Title
Michael O. DeRousse, President
WESTERN SURETY COMPANY
Surety
Seal)
Sig a re for Surety Title
Karen Amin, Attorney- in- Fact
END OF SECTION`*
June, 2022 00620- 2 City of Manteca
U; A cot r.nNFnPNAF= I Alrnr-w
ATTACHMENT 3
ATTACHMENT 3
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Joaquin
On September 27 2022 before me, Jennifer Loper, Notary Public insert name and title of the officer)
personally appeared Karen Amin and Michael O. DeRousse
who proved to me on the basis of satisfactory evidence to be the person( s) whose name( s) Ware subscribed to the within instrument and acknowledged to me that t* ft/they executed the same in kiq%% Qtheir authorized capacity( ies), and that by J iWkvx/their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. 5" F, F JENINIFER LOPER coi, ut. 1.12344049
NOTARY PU9LIC- C ALIFURNIA w
SAH JUAQUIlI COUNTY dow o
py ccr, n Eq= JAII 27, 2025 SignatureW(J/AD— ( Seal) """ ATTACHMENT 3
ATTACHMENT 3
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY- IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint
Daniel M Connolly, Karen Amin, Jennifer Loper, Individually of Lodi, CA, its true and lawful Attorney( s)- in- Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By- Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation.
In NYitness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 25th day of June, 2021.
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WESTERN SURETY COMPANY
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APaul T. Bmflat, Vice President
State of South Dakota 1
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County of Minnehaha
On this 25th day of June, 2021, before me personally came Paul T. Bruflat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation.
My commission expires i M. BENT
RNOTARY PUBLIsr"+
2, 2026 SOUTH DA
M. Bent, Notary Public
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By- Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed September
my name and affixed the seal of the said corporation this 27th day of 2022 yVAETr•.,,
Q+.--"-,;._, WESTERN SURETY COMPANY
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L. Nelson, Assistant Secretary
Form F4280- 7- 2012
Go to www.cnasurety. com> Owner/ Obligee Services> Validate Bond Coverage, if you want to verify bond authenticity.
ATTACHMENT 3
ATTACHMENT 3
r
Authorizingb By- Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By- Law duly adopted by the shareholders ofthe Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
ATTACHMENT 3
a.
ATTACHMENT 3
SECTION 00630
WARRANTY BOND
Whereas, the City Council of the City of Manteca, State of California, and hereinafter designated as " Contractor") have entered into a Contract whereby the Contractor agrees to repair any improvements set forth in said Contract identified as the WQCF Glycerin System Project and awarded by Resolution to Contractor on 20 is hereby referred to and made a part hereof, and
Whereas, the Contractor is required under the terms of said Contract to furnish a one year bond starting at Final Completion and acceptance of the Work by the Owner for the Warranty of Improvements of said Contract.
Now, therefore, we, the Contractor and
as surety, are held and firmly bound unto the City ofManteca, hereinafter called" City" in the penal sum of dollars
lawful money of the United States, for the payment ofwhich sum well and truly to be made, we bond ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that ifthe above bounded the Contractor, 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 Contract 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 the City of Manteca, 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 therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
June, 2022 00630- 1 City of Manteca
Bid Set CONFORMED WQCF Glycerin System Project
ATTACHMENT 3
SECTION 00630
WARRANTY BOND
In witness whereof, this instrument has been duly executed by the Contractor and surety above named, on 920
Name of Contractor Name of Surety
Address Address and Telephone
Signature of Contractor Signature of Surety
APPROVED AS TO FORM:
L. David Nefouse, City Attorney
Date
Attach Notary Form Here
END OF SECTION**
June, 2022 00630- 2 City of Manteca
Bid Set CONFORMED WQCF Glycerin System Project
ATTACHMENT 3
SECTION 00650
WORKERS' COMPENSATION INSURANCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior to commencement ofwork on the Contract, the Contractor shall sign and file with the District the following certification:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance ofthe work of this contract."
Signature
Mike DeRousse
Name of Contractor
President
Title
9/ 30/ 22
Date
END OF SECTION**
June, 2022 00650- 1 City of Manteca
Bid Set CONFORMED WQCF Glycerin System Project
ATTACHMENT 3
ATTACHMENT 3