BIDS WILL BE RECEIVED UNTIL THE HOUR OF
2:00 PM PST, THURSDAY, MAY 30, 2024,
ELECTRONICALLY AT [email protected]
REQUEST FOR SEALED BIDS
REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES
FOR THE CITY OF STOCKTON, CALIFORNIA
PUR 24-037
EXHIBIT 1
INVITATION FOR SEALED BID
REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES PUR 24-037
i
IFB INFORMATION
Contact Stephennie Link
Email Address [email protected]
MANDATORY On-Site
Meeting
Tuesday, April 23, 2024
9:00 am
2500 Navy Drive,
Stockton, CA 95206
Due Date for Questions
and Clarifications
May 2, 2024; 2:00 pm PST
Due Date for Response
to
Questions/Clarifications
May 16, 2024; 2:00 pm PST
IFB Submittal
Electronic Mail
[email protected]
IFB Submittal Due Date
& Time
Thursday, May 30, 2024; 2:00 pm PST
Proposal shall be electronically delivered
to the email address above at or before
the hour stated. Proposals arriving after
the opening deadline will not be accepted.
Short-List Interviews (if
applicable)
TBD
Notification of Intent to
Award
TBD
Anticipated Date for
Council Approval
August 20, 2024
EXHIBIT 1
ii
INVITATION FOR SEALED BID
REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES PUR 24-037
Contents
BIDDER'S CHECKLIST ............................................................................................................... 2
1.0 GENERAL INFORMATION ..................................................................................... 3
1.1 REQUEST FOR SEALED BID ................................................................................ 3
1.2 INVITATION TO SUBMIT A BID ............................................................................ 3
1.3 LOCAL BUSINESS PREFERENCE ....................................................................... 3
1.4 LOCAL EMPLOYMENT—PUBLIC WORKS CONTRACTORS......................... 3
1.5 CONSEQUENCE OF SUBMISSION OF BID ....................................................... 4
1.6 EXAMINATION OF BID MATERIALS ................................................................... 4
1.7 ADDENDA AND INTERPRETATION .................................................................... 4
1.8 DISQUALIFICATION ................................................................................................ 5
1.9 BID REJECTED ........................................................................................................ 5
1.10 CONDITIONS TO BE ACCEPTED IF ANY WORK IS SUBCONTRACTED ... 5
1.11 LICENSING REQUIREMENTS .............................................................................. 6
1.12 INSURANCE REQUIREMENTS ............................................................................ 6
1.13 HOLD HARMLESS ................................................................................................... 6
1.14 APPLICABLE LAW ................................................................................................... 7
1.15 METHOD OF PAYMENT ......................................................................................... 7
1.16 NOTICE TO OUT-OF-STATE VENDOR ............................................................... 7
1.17 TERM .......................................................................................................................... 7
1.18 COMPETITIVE PRICING ......................................................................................... 8
1.19 FUNDING ................................................................................................................... 8
1.20 UNCONDITIONAL TERMINATION FOR CONVENIENCE ................................ 8
1.21 AUDITING OF CHARGES & SERVICES ............................................................. 8
1.22 BID SECURITY ......................................................................................................... 8
1.23 CONTRACT BONDS ................................................................................................ 8
1.24 AWARD ...................................................................................................................... 9
1.25 CHANGES .................................................................................................................. 9
1.26 OTHER GOVERNMENTAL AGENCIES ............................................................... 9
1.27 LIQUIDATED DAMAGES ...................................................................................... 10
1.28 PRODUCT OWNERSHIP ...................................................................................... 10
1.29 CONFIDENTIALITY ................................................................................................ 10 EXHIBIT 1
INVITATION FOR SEALED BID
REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES PUR 24-037
iii
1.30 JOB WALK ............................................................................................................... 10
1.31 PREVAILING WAGES & CONTRACTOR REGISTRATION REQUIREMENTS ....... 10
1.32 CONTRACTOR’S SAFETY RESPONSIBILITY ................................................. 11
2.0 BACKGROUND/GENERAL NATURE OF SERVICE ........................................ 12
2.1 SCOPE OF SERVICES ......................................................................................... 13
2.2 CITY RESPONSIBILITIES ..................................................................................... 13 BID DOCUMENTS ..................................................................................................................... 15 COST FOR SERVICES ............................................................................................................. 16 BIDDER’S AGREEMENT .......................................................................................................... 17 NON-COLLUSION ...................................................................................................................... 18 EXHIBIT 1 – INSURANCE REQUIREMENTS ....................................................................... 19 EXHIBIT 2 – SAMPLE CONTRACT .................................................................................... 20 EXHIBIT 1
1 NOTICE INVITING SEALED BIDS
NOTICE IS HEREBY GIVEN that sealed bids are invited by the City of Stockton, California for specifications for REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES PUR 24-037 in strict accordance with the specifications.
The City of Stockton hereby invites bids for Process Cleaning Services for the Regional Wastewater Control Facility (RWCF). This is a five (5) year contract subject to fixed pricing approved by the City of Stockton.
The bid specifications and forms can be obtained from the City of Stockton’s website at www.stocktonca.gov/mudbid and must be electronically delivered to [email protected] up to but not later than 2:00 pm on Thursday, May 30, 2024.
A mandatory job walk will be held on Tuesday, April 23, 2024 at 9:00 am promptly at 2500 Navy Drive, Stockton, CA 95206. Late arrivals will not be admitted. Failure to attend will result in your bid being rejected.
The City reserves the right to reject any and/or all bids received.
Information on Bid Process/Clarification/Technical Data Stephennie Link, Procurement Division
(209) 937-8357
e-mail: [email protected]
DISCLAIMER: The City does not assume any liability or responsibility for errors/omissions in any document transmitted electronically.
Dated: April 15, 2024
ELIZA GARZA, CMC, CITY CLERK
CITY OF STOCKTON
EXHIBIT 1
REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES PUR 24-037
2 BIDDER'S CHECKLIST
Did You:
*___ Complete the following bid documents (FROM THIS PACKET ONLY SUBMIT PAGES 15 to 19, along with any illustrations/brochures):
*___ Sign and notarize by jurat certificate the "Non-Collusion Affidavit" form. An "All- Purpose Acknowledgment" form will not be sufficient.
*___ Complete and sign the "Bid to be Submitted" form.
*___ Sign the "Bidder’s Agreement" form. Include (with bid) name and e -mail address for City contact, if different from signatoree.
*___ Recheck your math on each item extension and total column. Do not superimpose numerals on your bid forms. If erasures or interlineations appear on your bid form, they must be initialed by the person preparing the bid.
*___ Include your $0.00 bidder's security, bidder's bond, certified or cashier's check.
NOTE: As information, the City will NOT accept company or personal checks for bid security.
*___ Any Addendum Acknowledgements. Print and sign all clarifications/questions/answers on the City’s website at www.stocktonca.gov/mudbid and submit with proposal response.
*___ Email sealed bid to City Clerk's Office at [email protected], before THURSDAY, MAY 30, 2024 AT 2:00 PM Sealed bid shall be marked "Bid" and indicate project name, number, and bid opening date.
CONTACT INFORMATION:
Information on Bid Process/Clarification/Technical Data Stephennie Link, Procurement Supervising Specialist
(209) 937-8357
e-mail: [email protected]
*If required documents are not completed as required, your bid may be voided. *DISCLAIMER: The City does not assume any liability or responsibility for errors/omissions in any document transmitted electronically.
*THIS FORM IS FOR YOUR INFORMATION ONLY AND DOES NOT NEED TO BE SUBMITTED WITH YOUR BID.
EXHIBIT 1
CITY OF STOCKTON
INVITATION FOR SEALED BIDS
3 1.0 GENERAL INFORMATION
1.1 REQUEST FOR SEALED BID
The purpose of this sealed bid is to request bidders to present their qualifications and capabilities to service the REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES PUR 24-037 for the City of Stockton.
1.2 INVITATION TO SUBMIT A BID
Bids shall be submitted electronically no later than 2:00 pm, on Thursday, May 30, 2024.
The bid should be identified in the Subject of "RWCF Process Cleaning for the City of Stockton PUR 24-037." Any bid received after the due date and time indicated will not be accepted and will be deemed rejected and returned, unopened, to the bidder.
1.3 LOCAL BUSINESS PREFERENCE
Stockton Municipal Code Section 3.68.090 reads as follows:
Preference shall be given to the purchase of supplies, materials, equipment, and contractual services from local merchants, quality and price being equal. Local merchants who have a physical business location within the boundaries of San Joaquin County, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted two (2) percent bid preference. Local merchants who have a physical business location within the boundaries of the City of Stockton, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted five (5) percent bid preference. This section is intended to provide preference in the award of certain City contracts in order to encourage businesses to move into and expand within the City. (Ord. 2014 -03- 18-1601 C.S. § 1; prior code § 3-106.1)
1.4 LOCAL EMPLOYMENT—PUBLIC WORKS CONTRACTORS
Bidders must comply with City of Stockton Municipal Code (SMC) Section
3.68.095, Ordinance No. 011-09 adopted Sept. 1, 2009, effective Oct. 1, 2009.
EXHIBIT 1
CITY OF STOCKTON
INVITATION FOR SEALED BIDS
4 1.5 CONSEQUENCE OF SUBMISSION OF BID
A. The City shall not be obligated to respond to any bid submitted nor be legally bound in any manner by the submission of a bid.
B. Acceptance by the City of a bid obligates the bidder to enter into a contract with the City.
C. A contract shall not be binding or valid against the City unless or until it is executed by the City and the bidder.
D. Statistical information contained in these documents is for informational purposes only. The City shall not be responsible for the accuracy of said data. City reserves the right to increase or decrease the project scope.
1.6 EXAMINATION OF BID MATERIALS
The submission of a bid shall be deemed a representation and warranty by the bidder that it has investigated all aspects of the bid, that it is aware of the applicable facts pertaining to the bid process and its procedures and requirements, and that it has read and understands the bid. No request for modification of the provisions of the bid shall be considered after its submission on the grounds the bidder was not fully informed as to any fact or condition. Statistical information which may be contained in the bid or any addendum thereto is for informational purposes only.
The City disclaims any responsibility for this information which may subsequently be determined to be incomplete or inaccurate.
1.7 ADDENDA AND INTERPRETATION
The City will not be responsible for, nor be bound by, any oral instructions, interpretations, or explanations issued by the City or its representatives. Any request for clarifications/questions/answers of a bid shall be made in writing via e- mail and deliverable to:
CITY OF STOCKTON
ATTN: STEPHENNIE LINK
PROCUREMENT DIVISION
425 NORTH EL DORADO STREET
STOCKTON, CA 95202-1997
[email protected]
Such request for clarification shall be delivered by 2:00pm on Thursday, May 2, 2024. Any City response to a request for clarifications/questions/answers will be posted on the City’s website at www.stocktonca.gov/mudbid by Tuesday, May 16, 2024, and will become a part of the bid addendum. The bidder should await responses to inquires prior to submitting a bid.
EXHIBIT 1
CITY OF STOCKTON
INVITATION FOR SEALED BIDS
5 1.8 DISQUALIFICATION
Any of the following may be considered cause to disqualify a bidder without further consideration:
A. Evidence of collusion among bidders;
B. Any attempt to improperly influence any member of the evaluation panel;
C. Any attempt to communicate in any manner with a City of Stockton elected official during the bid process will, and shall be, just cause for disqualification/rejection of bidder’s bid submittal and considered non - responsive.
D. A bidder's default in any operation of a contract which resulted in termination of that contract; and/or
E. Existence of any lawsuit, unresolved contractual claim, or dispute between bidder and the City.
F. No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid for the same supplies, services, or both; provided, however, that subcontract bids to the principal bidders are excluded from the requirements of this section: Section 3.68.120 of the Municipal Code.
1.9 BID REJECTED
A bid shall be prepared and submitted in accordance with the provisions of these bid instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from, or to a bid may be sufficient grounds for rejection of the bid. The City has the right to waive any defects in a bid if the City chooses to do so. The City may not accept a bid if:
A. Any of the bid forms are left blank or are materially altered;
B. Any document or item necessary for the proper evaluation of the bid is incomplete, improperly executed, indefinite, ambiguous, or missing.
1.10 CONDITIONS TO BE ACCEPTED IF ANY WORK IS SUBCONTRACTED
A. The bidder assumes full responsibility, including insurance and bonding requirements, for the quality and quantity of all work performed.
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CITY OF STOCKTON
INVITATION FOR SEALED BIDS
6 B. If bidder's supplier(s) and/or subcontractor's involvement requires the use of a licensed, patented, or proprietary process, the vendor of the process is responsible for assuring that the subcontractor, supplier, and/or operator have been properly authorized to use the process or for providing another process which is comparable to that which is required prior to submission of a bid.
1.11 LICENSING REQUIREMENTS
Any professional certifications or licenses that may be required will be the sole cost and responsibility of the successful bidder.
A City of Stockton Business license may be required for this project. Please contact the City of Stockton Business License Division at (209) 937-8313.
1.12 INSURANCE REQUIREMENTS
Bidder, at Bidder's sole cost and expense and for the full term of the resultant contract or any extension thereof, shall obtain and maintain at least all of the insurance requirements listed in attached Exhibit 1 (or Exhibit B of the sample contract).
All coverage shall be provided by a carrier authorized to transact business in California and shall be primary. All policies, endorsements, and certificates shall be subject to approval by the Risk Manager of the City to Stockton as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the Risk Manager.
Maintenance of proper insurance coverage is a material element of this contract, and failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.
The Bidder shall assert that these insurance requirements will be met as part of their proposal response. Failure to comply with these insurance requirements may result in a proposal being deemed unresponsive. Bidder shall satisfy these insurance requirements concurrently with the signing of the contract prior to commencement of work. It is strongly suggested that insurance requirements be reviewed with Bidder’s broker to ensure any additional costs are included in the proposal pricing component.
Any questions pertaining to insurance requirements, please contact City of Stockton Risk Services at (209) 937-5037.
1.13 HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers EXHIBIT 1
CITY OF STOCKTON
INVITATION FOR SEALED BIDS
7 from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement.
These obligations shall survive the completion or termination of this agreement.
1.14 APPLICABLE LAW
Applicable law shall be governed by the laws of the State of California. Venue shall be proper in the Superior Court of the State of California, county of San Joaquin, Stockton Branch, or, for actions brought in Federal Court, the United States District Court for the Eastern District of California, Sacramento Division.
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
1.15 METHOD OF PAYMENT
Payment will be made within thirty (30) days after invoices are received and accepted by the City. Invoices are to be rendered monthly.
1.16 NOTICE TO OUT-OF-STATE VENDOR
The City of Stockton will pay all applicable sales/use tax directly to the State of California for this purchase.
It is the policy of the City of Stockton to pay all applicable California sales/use tax directly to the State Board of Equalization (BOE) pursuant to California Revenue and Taxation Code 7051.3. The City of Stockton will self-accrue all sales/use tax on purchases made from out-of-state vendors.
Sales and use tax on purchases made by the City of Stockton from all companies located outside California and whose products are shipped from out of state will be remitted to the BOE directly by the City under permit number SR KHE 28 - 051174 DP . Please do not include sales/use tax on the invoice that you submit to the City of Stockton.
Questions regarding the City of Stockton’s payment of sales/use tax can be directed to the City of Stockton’s Procurement Division at (209) 937-8357.
1.17 TERM
The City plans to establish a five (5) year contract.
EXHIBIT 1
CITY OF STOCKTON
INVITATION FOR SEALED BIDS
8 1.18 COMPETITIVE PRICING
Bidder warrants and agrees that each of the charges, economic or product terms or warranties granted pursuant to this Contract are comparable to or better than the equivalent charge, economic or product term or warranty being offered to any similarly situated commercial or other government customer of bidder. If bidder enters into any arrangements with another customer of bidder to provide product under more favorable charges, economic or product terms or warranties, bidder shall immediately notify CITY of such change and this Contract shall be deemed amended to incorporate the most favorable charges, economic or product terms or warranties.
1.19 FUNDING
Any contract which results from this bid will terminate without penalty at the end of the fiscal year in the event funds are not appropriated for the next fiscal year. If funds are appropriated for a portion of the fiscal year, this contract will terminate without penalty, at the end of the term for which funds are appropriated.
1.20 UNCONDITIONAL TERMINATION FOR CONVENIENCE
The City may terminate the resultant contract for convenience by providing a sixty (60) calendar day advance notice unless otherwise stated in writing.
1.21 AUDITING OF CHARGES & SERVICES
The City reserves the right to periodically audit all charges and services made by the bidder to the City for services provided under the contract. Upon request, the bidder agrees to furnish the City with necessary information and assistance.
1.22 BID SECURITY
Not applicable to this bid.
1.23 CONTRACT BONDS
The successful bidder will be required to furnish the City of Stockton with a Faithful Performance Bond in the amount of ten percent (10%) of the bid and shall be furnished concurrently with the signing of the contract.
The surety which provides the bond(s) must be authorized by the Insurance Commissioner to transact business of insurance in the State of California.
Said bonds shall be executed by the surety and contractor concurrently with the signing of the contract. The form of said bonds must be approved by the appropriate City departments.
EXHIBIT 1
CITY OF STOCKTON
INVITATION FOR SEALED BIDS
9 All alterations, extension of time, extra and additional work, and other changes authorized by these specifications or any part of the contract shall be made without securing the consent of the surety or sureties on the contract bonds.
1.24 AWARD
Upon conclusion of the bid process, a contract may be awarded for REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES for the City of Stockton.
The City reserves the right to make an award on any item, quantity of any item, group of items, or in the aggregate to that/those bidder(s) whose bid(s) is/are most responsive to the needs of the City. Further, the City reserves the right to reject any and all bids, or alternate bids, or waive any informality in the bid as is in the City's best interest.
Consideration will be given in comparing bids and awarding a contract, not only to the dollar amount of the bids, but also to:
➢ Kind
➢ Suitability
➢ Warranties
➢ Trade-in
➢ Buy-back agreement
➢ Salvage value
➢ Standardization
➢ Delivery time
➢ Any other criteria as best suits the City of Stockton ➢ Compatibility resulting in the lowest ultimate cost; Best value to the City
1.25 CHANGES
The City’s Representative has the authority to review and recommend or reject change orders and cost proposals submitted by the bidder or as recommended by the bidder’s project manager, pursuant to the adopted City of Stockton Standard Specifications.
1.26 OTHER GOVERNMENTAL AGENCIES
If mutually agreeable to all parties, the use of any resultant contract/purchase order may be extended to other political subdivisions, municipalities, or tax supported agencies.
EXHIBIT 1
CITY OF STOCKTON
INVITATION FOR SEALED BIDS
10 Such participating governmental bodies shall make purchases in their own name, make payment directly to successful bidder and be liable directly to the successful bidder, holding the City of Stockton harmless.
1.27 LIQUIDATED DAMAGES
Not applicable to this solicitation.
1.28 PRODUCT OWNERSHIP
Not applicable to this solicitation.
1.29 CONFIDENTIALITY
If bidder believes that portions of a bid constitute trade secrets or confidential commercial, financial, geological, or geophysical data, then the bidder must so specify by, at a minimum, stamping in bold red letters the term "CONFIDENTIAL" on that part of the bid which the bidder believes to be protected from disclosure.
The bidder must submit in writing specific detailed reasons, including any relevant legal authority, stating why the bidder believes the material to be confidential or a trade secret. Vague and general claims as to confidentiality will not be accepted.
The City will be the sole judge as to whether a claim is general and/or vague in nature. All offers and parts of offers that are not marked as confidential may be automatically considered public information after the contract is awarded. The bidder is hereby put on notice that the City may consider all or parts of the offer public information under applicable law even though marked confidential.
1.30 JOB WALK
A MANDATORY job walk will be held on Tuesday, April 23, 2024 at 9:00 am promptly at 2500 Navy Drive, Stockton, CA . Late arrivals will not be admitted.
Failure to attend will result in your bid being rejected.
1.31 PREVAILING WAGES & CONTRACTOR REGISTRATION REQUIREMENTS
Prevailing wage rates are required for this project according to State and Federal Labor laws. Prevailing wage rates can be found by logging on to http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.
Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section EXHIBIT 1
CITY OF STOCKTON
INVITATION FOR SEALED BIDS
11 10164 or 20103.5 of the Public Contract Code, provided the Contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.
Department of Industrial Relations - Contractor Registration information and web link: http://www.dir.ca.gov/Public-Works/PublicWorks.html
In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registration Date and Expiration Date, for every contractor and subcontractor, regardless of tier.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton.
1.32 CONTRACTOR’S SAFETY RESPONSIBILITY
The scope of work for this project has been reviewed for special risks or hidden dangers that may be present to employees of the bidder or any subcontractor. The bidder is required to identify, notify employees, and implement special precautions to prevent injuries to employees. Additionally, the bidder is required to identify its skill, experience, and equipment in dealing with the types of risk to employees.
1.31 PROTEST POLICY
Protest and Appeal Procedures. In order to maintain fairness and impartiality, the City of Stockton has established a solicitation protest policy and procedure.
PROTEST PROCEDURE
1. All protests must be in writing and stated as a formal protest.
2. The protest must contain a complete statement of the basis for the protest and must include all relevant supporting documentation.
EXHIBIT 1
CITY OF STOCKTON
INVITATION FOR SEALED BIDS
12 3. The solicitation process and procedures, including evaluation criteria, shall not be proper grounds for protest. Concerns related to the solicitation process and procedures, including evaluation criteria, should be raised, and addressed, if at all, prior to the bid/proposal due date and time to allow adjustments before evaluation of the solicitation.
4. Protests must be filed with the City's Chief Financial Officer, or designee, not later than five (5) days after the date the City mails and or posts on the City’s Bid Flash platform, the Letter of Intent to Award.
5. Deliveries of the protest by hand, mail, email are acceptable.
6. The City is not responsible for lost or misplaced protests, or to assure the protest is received within the protest deadlines.
PROTEST REVIEW
1. The Chief Financial Officer or designee shall respond in writing to material issue raised in the protest within thirty (30) days of receipt of the protest letter.
2. The Chief Financial Officer's, or designee 's, administrative decision may be appealed in writing to the City Manager no later than (5) business days after the date the Chief Financial Officer's, or designee's decision has been made.
3. The City Manager shall review and decide the appeal based on the grounds and documentation set forth in the original protest to the Chief Financial Officer, or designee.
4. Each party shall bear its own costs and expenses involved in the protest and appeal process, including any subsequent litigation.
5. The City Manager's administrative decision is final. After the City Manager issues the final administrative decision, the time in which judicial review of the decision must be sought shall be governed by California Code of Civil Procedure Section 1094 or as such section may be amended from time to time.
6. If the protested procurement involves state or federal funds, the Chief Financial Officer, or designee, shall give notice to the interested party that he or she has the right to appeal to the appropriate agency, which shall be identified by name and addres s. An appeal hereunder shall be filed with the appropriate agency within five (5) working days of the dispatch of rejection notices to the interested party(ies).
7. The City may require the protesting party to submit a City Council approved non-refundable protest fee to cover the administrative cost of processing the protest.
2.0 BACKGROUND/GENERAL NATURE OF SERVICE
The City of Stockton is a Charter City incorporated in 1850. The City is the county seat of San Joaquin County and is located in California’s San Joaquin Valley, 78 miles east of the San Francisco Bay Area, 337 miles north of Los Angeles and 40 miles south of Sacramento. The County is bound by Sacramento County to the EXHIBIT 1
CITY OF STOCKTON
INVITATION FOR SEALED BIDS
13 north and Stanislaus County to the south. Approximately 310,000 residents live in Stockton.
The Stockton Municipal Utilities Department (MUD) manages, operates, and maintains the Stockton Regional Wastewater Control Facility (RWCF). The RWCF, located at 2500 Navy Drive, is a tertiary wastewater treatment plant that includes primary and secondary treatment.
2.1 SCOPE OF SERVICES
The CONTRACTOR shall provide as-needed cleaning of various process areas located at the Regional Wastewater Control Facility.
The Contractor shall provide cleaning services including sufficient equipment and total dynamic head to lift debris up to thirty feet (30’). If additional pumps or hoses are needed to reach this depth, please specify length and cost for additional pumps and hoses to go to greater depths.
Work May include, but is not limited to the following areas:
• Scum boxes
• Sludge and scum piping
• Secondary clarifiers (Outside height +/- 15 feet; inside height +/- 25 feet) • Aeration Basins (Outside height +/- 20 feet; inside height +/- 27 feet) • Headworks bar rake channels (depths up to 30 feet)
• Open equipment pits (depths up to 30 feet)
• Drain wells (depths up to 30 feet)
• High-flow piping
CONTRACTOR RESPONSIBILITIES
1. The contractor shall supply a vacuum truck with one or two operators as needed for the execution of work.
2. Contractor shall provide all labor, equipment, consumable items, fuel, and services. This work shall not be subcontracted.
3. Contractor will provide labor for onsite disposal of materials from process areas. This area is located within the shaded area with the accompanying map.
4. Contractor will provide any needed confined space rescue teams and safety equipment as required under State and Federal regulations.
2.2 CITY RESPONSIBILITIES
1. City will provide access to City maps, conceptual drawings, records, studies, plans, and other documents relating to the project.
2. City will provide the code building inspection and any special inspection required.
3. City will provide access to the site and on-site disposal for materials.
EXHIBIT 1
CITY OF STOCKTON
INVITATION FOR SEALED BIDS
14 4. City will provide an on-site water source.
INSPECTIONS
Staff from the Municipal Utilities Department will conduct inspections of Contractor’s work.
HOURS OF WORK
All maintenance work using equipment powered by an internal combustion engine is expected to be performed between the hours of 7:00 a.m. and 6:00 p.m.
EXHIBIT 1
REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES PUR 24-037
THURSDAY, MAY 30, 2024
15 BID DOCUMENTS
COMPANY NAME: _________________________________
CONTACT NAME: _________________________________
ADDRESS: _______________________________________
_________________________________________________
TELEPHONE NUMBER: ____________________________
EMAIL: __________________________________________
EXHIBIT 1
REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES PUR 24-037
THURSDAY, MAY 30, 2024
16 COST FOR SERVICES
Task Cost per Service
(up to 30” depth)
Cost per Service
(> 30’ depth)
Vacuum Truck with Operator
(Hourly Rate x 8 hours =) $ $
Additional Operator
(Hourly Rate x 8 hours=) $ $
Vacuum Truck with Operator
(Hourly Rate after 8 Hours) $ $
Additional Operator
(Hourly Rate after 8 Hours) $ $
Support Truck (Daily) $ $
Remote or additional hose
length (Daily) $ $
Additional pumps, if needed
(Daily) $ $
Company Name (Please Print) Signed by
Phone Number Name (Printed)
Address Contractor’s License #/Expiration Date
NOTE: Bidders are to mark their sealed bids to clearly indicate the content as:
REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES PUR 24-037
IF YOU DO NOT WISH TO BID, PLEASE RETURN YOUR BID IMMEDIATELY STATING REASON.
EXHIBIT 1
17 BIDDER’S AGREEMENT
In submitting this bid, as herein described, the bidder agrees that:
1. They have carefully examined the specifications and all other provisions of this form and understand the meaning, intent, and requirements of same.
2. They have reviewed and understand all clarifications/questions/answers on the City’s website at www.stocktonca.gov/mudbid
3. They will enter into written contract and furnish the item(s)/service(s) in the time specified in strict conformity with the specifications and conditions contained therein for the price quoted by the bidder on this bid.
4. The proposed price is inclusive of all freight and handling charges and includes delivery to the City of Stockton, Municipal Service Center, or if specified, to the alternate point of delivery shown in the specifications.
5. They have signed and notarized the attached Non-Collusion Affidavit form whether individual, corporate or partnership. Must be “A Jurat” notarization.
FIRM ADDRESS
SIGNED BY TITLE OR AGENCY
E-MAIL ADDRESS
NOTE: Bids are invalid which are unsigned, or not accompanied by $0.00 bid deposit or a bidder’s bond. If erasures or interlineations appear on your bid form, they must be initialed by the person preparing the bid. Bids shall be emailed to:
On or before 2:00 pm May 30, 2024 and publicly opened immediately thereafter in the City Council Chambers.
EXHIBIT 1
18 NON-COLLUSION
No. 1 AFFIDAVIT FOR INDIVIDUAL BIDDER
STATE OF CALIFORNIA, )ss.
County of )
(insert)
being first duly sworn, deposes and says: That on behalf of any person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain f rom bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or ag ainst the City, or any person interested in said improvement, or over any other Bidder.
(Signature Individual Bidder)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Seal
Signature
No. 2 AFFIDAVIT FOR CORPORATION BIDDER
STATE OF CALIFORNIA, )ss.
County of )
(insert)
being first duly sworn, deposes and says: That
they are the of a corporation,
which corporation is the party making the foregoing bid, that such bid is genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Bidder.
(Signature Corporation Bidder)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Seal
Signature
No. 3 AFFIDAVIT FOR FIRM, ASSOCIATION, OR CO-PARTNERSHIP
STATE OF CALIFORNIA, )ss.
County of )
(insert)
,
each being first duly sworn, depose and say: That they are a member of the firm, association, or co-partnership,
designated as who is the party making the foregoing bid; that the other partner, or partners, are that such bid is genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation shall or should refrain from proposing; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Bidder.
(Signature)
(Signature)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Seal
Signature
EXHIBIT 1
19 EXHIBIT 1 – INSURANCE REQUIREMENTS
(Process Cleaning Services)
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 and the results of that work by the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or 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 Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, EXHIBIT 1
20 officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance EXHIBIT 1
21 and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT 1
22 EXHIBIT 2 – SAMPLE CONTRACT
EXHIBIT 1
1 (Version 9.22.21)
INVITATION FOR SEALED BID (IFB)
RWCF PROCESS CLEANING SERIVCES
FOR THE CITY OF STOCKTON, CALIFORNIA
PUR 24-037
ADDENDUM No. 1 DATE: May 2, 2024
To All Potential Bidders:
A. T his Addendum shall be considered part of the bid d ocuments for the above-mentioned project as though it had been issued at the same time and shall be incorporated integrally therewith.
Where provisions of the following supplementary da ta differ f rom th ose of the o riginal bid documents, this A mendment shall govern and ta ke precedence. BIDDERS MUST SIGN T HE ADDENDUM AND SUBMIT IT WITH THEIR BIDS.
B. Bidders are hereby no tified that they s hall make a ny necessary adjustments in the ir estimates as a result of this Addendum. It will be construed that each bidder’s bid is submitted with full knowledge of all modifications and supplemental data specified herein.
PLEASE NOTE THE FOLLOWING CHANGES AND CLARIFICATIONS TO PUR 24-037.
1. The Due Date has changed to Thursday, May 30, 2024 at 2:00 p.m. PST.
2. A second mandatory Job Walk has been scheduled for Tuesday, May 7, 2 024 at 9:00 am PST at 2500 Navy Drive, Stockton, CA 95206.
Bidders who attended the first mandatory Job Walk on April 23, 2024, do not need to attend the second Job Walk.
3. The date for submission of questions has been extended to Friday, May 10, 2024 , at 2:00 p.m. PST. All questions must be submitted to [email protected].
4. The date for the City to respond to questions has been extended to Thursday, May 16, 2024
BIDDER MUST A CKNOWLEDGE T HIS A DDENDUM BY S IGNING BELOW AND ATTACHING THE SIGNED ADDENDUM TO THE BID FORM:
Company Name
Contact Person
Signature
Date
Bids Due – Promptly by 2:00 P.M., Thursday, May 30, 2024, at the City Clerk’s Office at [email protected] .
----------------------------------City of Stockton Use Only below this line---------------------------------
Addendum acknowledged and signed? ( Procurement Specialist’s initials) EXHIBIT 1
INVITATION FOR SEALED BID (IFB)
REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES
FOR THE CITY OF STOCKTON, CALIFORNIA
PUR 24-037
ADDENDUM No. 2 DATE: May 7, 2024
To All Potential Bidders:
A. T his Addendum shall be considered part of the bid documents for the above-mentioned project as th ough it h ad b een i ssued at the same ti me and shall be incorporated in tegrally therewith. Where provisions of the following supplementary data differ from those of the original bid documents, this Amendment shall govern and take precedence. BIDDERS MUST SIGN THE ADDENDUM AND SUBMIT IT WITH THEIR BIDS.
B. Bidders are hereby no tified that they s hall make a ny necessary adjustments in the ir estimates as a result of this Addendum. It will be construed that each bidder’s bid is submitted with full knowledge of all modifications and supplemental data specified herein.
PLEASE NOTE THE FOLLOWING CHANGES AND CLARIFICATIONS TO PUR 24-037.
1. Pursuant to Addendum 1:
a. The Due Date and Time remains on Thursday, May 30, 2024, at 2:00 p.m. PST. b. The date for submission of questions has been ext ended to Friday, May 10, 2024, at 2:00 p.m. PST. All questions must be submitted to [email protected]. c. The date for the City to respond to questions has been extended to Thursday, May 16, 2024
2. The original Cost for Services Price Page has been deleted and replaced with the attached Revised Cost for Services Price Page.
3. The original Bidder’s Checklist has been deleted and replaced with the attached Revised Bidder’s Checklist.
BIDDER MUST A CKNOWLEDGE T HIS A DDENDUM BY S IGNING BELOW AND ATTACHING THE SIGNED ADDENDUM TO THE BID FORM:
Company Name
Contact Person
Signature
Date
Bids Due – Promptly by 2:00 P.M., Thursday, May 30, 2024, at the City Clerk’s Office at [email protected] .
----------------------------------City of Stockton Use Only below this line---------------------------------
Addendum acknowledged and signed? ( Procurement Specialist’s initials) EXHIBIT 1
16 REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES PUR 24-037
REVISED COST FOR SERVICES
PRICE PAGE
Item # Task Cost per Service
(up to 30’ depth)
Cost per Service
(> 30’ depth)
1. Vacuum Truck with Operator
(Hourly Rate x 8 hours =) $ $
2. Additional Laborer
(Hourly Rate x 8 hours=) $ $
3. Vacuum Truck with Operator
(Hourly Rate after 8 Hours) $ $
4. Additional Laborer
(Hourly Rate after 8 Hours) $ $
5. Vacuum Truck with Operator
(Hourly Rate after 12 Hours) $ $
6. Additional Laborer
(Hourly Rate after 12 Hours) $ $
7. Support Truck (Daily) $ $
8. Remote or additional hose
length (Daily) $ $
9. Additional pumps, if needed
(Daily) $ $
Company Name (Please Print) Signed by
Phone Number Name (Printed)
Address Contractor’s License #/Expiration Date
NOTE: Bidders are to mark their sealed bids to clearly indicate the content as:
REGIONAL WASTEWATER CONTROL FACILITY PROCESS CLEANING SERVICES PUR 24-037
IF YOU DO NOT WISH TO BID, PLEASE RETURN YOUR BID IMMEDIATELY STATING REASON
.
EXHIBIT 1
REVISED BIDDER'S CHECKLIST
Did You:
*___ Complete the following bid documents (FROM THE IFB PACKET ONLY SUBMIT PAGES 15, 17 to 19, along with any illustrations/brochures):
*___ Sign and notarize by jurat certificate the "Non -Collusion Affidavit" form. An "All- Purpose Acknowledgment" form will not be sufficient.
*___ Complete and sign the attached "Revised Cost for Services Price Page".
*___ Recheck your math on each item extension and total column. Do not superimpose numerals on your bid forms. If erasures or interlineations appear on your bid form, they must be initialed by the person preparing the bid.
*___ Sign the "Bidder’s Agreement" form. Include (with bid) name and e- mail address for City contact, if different from signatoree.
*___ Acknowledge All Addendum. Print and sign all clarifications/questions/answers on the City’s website at www.stocktonca.gov/mudbid and s
ubmit with proposal response .
*___ Email sealed bid to City Clerk's Office at [email protected], before THURSDAY, MAY 30, 2024 AT 2:00 PM The subject line of the sealed bid shall state “Bid" IFB Number, Project name, and bid opening date.
CONTACT INFORMATION:
Information on Bid Process/Clarification/Technical Data Stephennie Link, Procurement Supervising Specialist
(209) 937-8357
e-mail: [email protected]
*If required documents are not completed as required, your bid may be rejected.
*DISCLAIMER: The City does not assume any liability or responsibility for errors/omissions in any document transmitted electronically.
*THIS FORM IS FOR YOUR INFORMATION ONLY AND DOES NOT NEED TO BE SUBMITTED
WITH YOUR BID
EXHIBIT 1