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BB&K (2019) -1- Sidewalk Repair Project
INSTRUCTIONS TO BIDDERS
CITY OF SIGNAL HILL
SIDEWALK REPAIR PROJECT
INSTRUCTIONS TO BIDDERS
1. GENERAL
Bidding procedures are prescribed in the Contract Documents. Bids shall be executed upon the separately bound bid forms provided, which are a part of the Contract Documents. Bid forms received after the designated time will not be accepted.
2. PREPARATION OF BIDS
Bids shall only be prepared using copies of the Bid Forms which are included in the Contract Documents and available on the electronic bid management system. The use of substitute bid forms will not be permitted. All Bids shall give the prices proposed in the space provided, shall give all other information requested therein, and shall be signed by the Bidder or an authorized representative, with their address. Bidders must prepare and submit all required documents. Deviations in the bid form may result in the bid being deemed non-responsive.
All blanks in the Bid Forms shall be filled. A bid price shall be indicated for each bid item listed therein, or the words "Included," "No Bid," "No Change," or other appropriate phrase shall be entered.
A Bid by a corporation shall be executed in the corporate name by the president or the vice-president or by another corporate officer. Such Bid shall be accompanied by a certificate indicating the authority to sign, attested by the secretary or assistant secretary, and with the corporate seal affixed. The corporate address and state of incorporation must appear below the signature.
A Bid by a partnership shall be executed in the partnership name and signed by a managing partner, accompanied by a certificate indicating the authority to sign, and his/her title must appear under the signature and the official address of the partnership must appear below the signature.
A Bid by a joint venture shall be executed in the joint venture name and be signed by a joint venture managing partner, accompanied by a certificate indicating the authority to sign, and his/her title must appear under the signature and the official address of the joint venture must appear below the signature.
A Bid by an individual shall show the Bidder's name.
The names of all persons signing shall be legibly printed below their signatures. A Bid by a person who affixes to its signature the word "president", "secretary", "agent", or other designation without disclosing its principal may be held to be the Bid of the individual signing.
When requested by City, evidence of the authority of the person signing shall be furnished. 55728.00300\33359534.1
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INSTRUCTIONS TO BIDDERS
3. INTERPRETATION OF CONTRACT DOCUMENTS
Discrepancies in, and/or omissions from the Plans, Specifications or other Contract Documents or questions as to their meaning shall be immediately brought to the attention of City by submission of a written request for an interpretation or correction to City. Any such submission must be sent through the City’s bid management system by selecting the Q&A Tab and received no later than September 8th, 2022 at 3:00 PM. Questions sent directly to City Staff will not be addressed and you will be directed to submit your question(s) online.
Any interpretation of the Contract Documents will be made only by written addenda duly issued and posted to the bid management system. All plan holders will be notified by e-mail when an addendum is posted. City will not be responsible for any explanations or interpretations provided in any other manner. No person is authorized to make any oral interpretation of any provision in the Contract Documents to any bidder, and no bidder should rely on any such oral interpretation.
Bids shall include complete compensation for all items that are noted in the Contract Documents as the responsibility of the Contractor.
4. LIST OF DOCUMENTS TO INCLUDE IN BID
The following is a list of required forms or documents that must be completed and delivered to the City as part of a complete Bid:
A. Bid Acknowledgement
B. Bid Schedule, submitted electronically through Planetbids C. Bid Security, as a Bid Bond using the form included in the bidding documents, cash, or cashier’s check
D. Public Works Contractor Registration Certification Form E. Certificate Regarding Workers’ Compensation form
F. Noncollusion Declaration
G. Bidder Information and Experience Form
All Bids must be submitted, filed, made, and executed in accordance with State and Federal law relating to Bids for contracts of their nature whether said laws are expressly referred to herein or not.
5. ADDENDA
City reserves the right to revise the Contract Documents prior to the bid opening date.
Revisions, if any, shall be made by written Addenda. All Addenda issued by City shall be included in the bid and made part of the Contract Documents. Copies of addenda will be issued by the City through the City’s bid management system. Bidders must acknowledge receipt of all addenda through the City’s bid management system by clicking “acknowledge.” Please Note:
Bidders are responsible for ensuring that they have received any and all addenda. Each bidder should contact the City to verify that it has received all addenda issued, if any, prior to the bid opening. Failure to acknowledge receipt of all addenda may result in bid rejection. 55728.00300\33359534.1
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6. ALTERNATE BIDS
If alternate bid items are called for in the Contract Documents, the lowest bid will be determined on the basis of the base bid only, unless otherwise specified in the Notice Inviting Bids. However, City may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. The time required for completion of the alternate bid items has been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate bid items. City may elect to include one or more of the alternate bid items, or to otherwise remove certain work from the Project scope of work, accordingly each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder.
7. ELECTRONIC SUBMISSION REQUIREMENTS
The bidder must enter pricing in the electronic bid form for any and all line items or a lump sum bid amount, as required. The pricing provided in the electronic bid form will be the only valid bid pricing for determination of low bid. The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the City from measured quantities of work performed based upon the Unit Price.
The bidder must attach a pdf file(s) to the electronic bid submission containing all of the completed and signed Bid Documents.
8. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Bid may render it non-responsive and may cause its rejection.
Bidders shall neither delete, modify, nor supplement the printed matter on the Bid Forms, nor make substitutions thereon. Oral, telephonic and electronic modifications will not be considered, unless the Notice Inviting Bids authorizes the submission of electronic bids and modifications thereto and such modifications are made in accordance with the Notice Inviting Bids.
9. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder or its authorized representative.
Bidder shall upload an electronic scanned copy of the executed Bid Acknowledgement to the electronic bid management system. Bidders may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Bid to bind the Bidder to each Bid and to any Contract arising therefrom.
10. BID GUARANTEE (BOND)
Each bid shall be accompanied by: (a) cash; (b) a certified check made payable to City; (c) a cashier’s check made payable to City; or (d) a bid bond payable to City executed by the bidder as principal and surety as obligor in an amount not less than 10% of the maximum 55728.00300\33359534.1
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amount of the bid. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The cash, check or bid bond shall be given as a guarantee that the bidder shall execute the Contract if it be awarded to the bidder, shall provide the payment and performance bonds and insurance certificates and endorsements as required herein within ten (10) calendar days after notification of the award of the Contract to the bidder. Failure to provide the required documents may result in forfeiture of the bidder’s bid deposit or bond to City and City may award the Contract to the next lowest responsive, responsible bidder, or may call for new bids.
THE BID SECURITY MUST BE RECEIVED PRIOR TO THE SPECIFIED DATE AND TIME FOR BID OPENING.
The Bid Security must be submitted directly to the City Clerk at City Hall, 2175 Cherry Avenue Signal Hill, CA 90755, in an envelope clearly labeled with the Project Name/Number and Bidder’s Name and Address.
If Bidder elects to provide the required Bid Security in the form of a Bid Bond, the original hard copy Bid Bond must be submitted to the City at the address indicated above prior to the specified date and time for bid opening.
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INSTRUCTIONS TO BIDDERS
11. SUBMISSION OF SEALED BIDS
Bidders may submit their bids via electronic transmission pursuant to public contract code sections 1600 and 1601. The acceptable method(s) of electronic transmission are stated in the notice inviting bids. City shall not accept bids otherwise transmitted. No oral, telephonic, or facsimile bids will be considered.
It is the sole responsibility of each bidder to see that its bid is properly submitted to planetbids in the proper form and prior to the stated closing time. THE ELECTRONIC BID MANAGEMENT SYSTEM WILL NOT ACCEPT LATE BIDS. The City will only consider bids that have transmitted successfully and have been issued a confirmation number with a time stamp from Planetbids indicating that the bid was submitted successfully.
Bidders experiencing any technical difficulties with the bid submission process may contact planetbids system support at 818-992-1771. If you continue to have difficulty, call the city’s public works department at (562) 989-7351. Neither the City, nor the City’s bid management system, make any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission date and/or time.
12. DELIVERY AND OPENING OF BIDS
Bids will be received by the City via the electronic bid management system up to the date and time shown in the Notice Inviting Bids. It is the bidder’s sole responsibility to ensure that its bid is received as specified. Bids may be submitted earlier than the dates(s) and time(s) indicated.
Bid results are immediately available to the public at the closing deadline on the City’s website in the electronic bid management system. The City’s City Clerk’s office will also have bid results, immediately following bid opening. The City Clerk’s office is located at: 2175 Cherry Avenue Signal Hill, CA 90755. City reserves the right to reject any or all Bids and to waive any informality or irregularity in any bid.
13. BASIS OF AWARD; BALANCED BIDS
City shall award the Contract to the lowest responsive, responsible Bidder submitting a responsive Bid. City may reject any Bid which, in its opinion when compared to other bids received or to City’s internal estimates, does not accurately reflect the cost to perform the Work.
City may reject as non-responsive any bid which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular bid items. The scope of the Work shall be completed in 45 working days after the Notice to Proceed. Liquidated damages of $500 will be assessed.
14. SUBSTITUTE AND "OR-EQUAL" ITEMS
Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular supplier, the specification is intended to establish the type, function, appearance, and quality required.
Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment or material or equipment of other suppliers may be submitted to the City for 55728.00300\33359534.1
BB&K (2019) -6- Sidewalk Repair Project
INSTRUCTIONS TO BIDDERS
consideration.
Application for review of substitute or "or-equal" materials or equipment shall be submitted no later than 10 days prior to bid due date.
If the Contractor's proposal for an "or equal" item is not approved, Contractor shall furnish the specified item(s) without a change in the total compensation or the term of the Agreement.
Any Bid conditioned upon furnishing equipment or materials different from those specified in the Contract Documents will be rejected.
15. LICENSING REQUIREMENTS
Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, City shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be non-responsive, and City shall reject the Bid. City shall have the right to request, and Bidders shall provide within five (5) calendar days, evidence satisfactory to City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract.
16. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID No bidder shall be allowed to make, submit or be interested in more than one bid.
However, a person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to City. No person, firm, corporation, or other entity may submit subproposal to a bidder, or quote prices of materials to a bidder, when also submitting a prime bid on the same Project.
17. PREVAILING WAGES
City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates may be obtained online at http://www.dir.ca.gov/dlsr. Bidders are advised that a copy of these rates must be posted by the successful Bidder at the job site(s).
18. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Bidder shall sign and submit with its Bid the Public Works Contractor Registration Certification on the form provided, attesting 55728.00300\33359534.1
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to the facts contained therein. Failure to submit this form may render the Bid non-responsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors Form.
19. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the work will be located, unless otherwise expressly provided by the Contract Documents.
20. AWARD PROCESS
The Bidder will sign and email to the City the written quote, W9, together with all certificates, evidence of insurance required by the Contract Documents within ten (10) days after receipt of the City's Notice of Award. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for annulment of the award and forfeiture of the Bid security. On the failure or refusal of such second or third lowest bidder to execute the Agreement, each such Bidder's Bid securities shall be likewise forfeited to the City.
21. FILING OF BID PROTESTS
Bidders may file a “protest” of a Bid with City’s Contracts Manager. In order for a Bidder’s protest to be considered valid, the protest must:
A. Be filed in writing within five (5) calendar days after the bid opening date; B. Clearly identify the specific irregularity or accusation; C. Specify, in detail, the grounds of the protest and the facts supporting the protest; and
D. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it may be rejected without further review.
If the protest is valid, City’s Contracts Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The Contractors Manager will provide a written decision to the protestor. The protestor may then appeal the decision of the Contracts Manager to the Director of Public Works.
The procedure and time limits set forth in this section are mandatory and are the sole and exclusive remedy in the event of a bid protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the bid protest,
END OF INSTRUCTIONS TO BIDDERS
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BB&K (2019) -12- Sidewalk Repair Project
BID FORMS
END OF BID BOND