HomeMy WebLinkAbout4.9 - 1956 Award San Ramon Arterial Management CIPST0
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STAFF REPORT
CITY COUNCIL
DATE: April 17, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Award of Contract to W. Bradley Electric, Inc., Approval of Plans and
Specifications, Reject Bid Protest, and Waive Minor Bid Irregularity for San
Ramon Arterial Management (CIP No. ST0217)
Prepared by: Obaid Khan, Transportation and Operations Manager
EXECUTIVE SUMMARY:
The City Council will consider awarding a construction contract to W. Bradley Electric,
Inc. and approving the plans and specifications for San Ramon Arterial Management,
CIP No. ST0217. The project will include upgrades to the traffic signal equipment and
traffic operations communications network along San Ramon Road from Dublin
Boulevard to Vomac Road.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Plans and Specifications, Waiving a Minor Bid
Irregularity, Rejecting a Bid Protest, and Awarding a Contract to W. Bradley Electric,
Inc., for San Ramon Arterial Management, CIP No. ST0217.
FINANCIAL IMPACT:
The lowest responsive bid for construction was $403,736. A construction contingency
of 20 percent ($80,747) is requested for unforeseen construction issues, bringing the
total potential construction cost to $484,483. Sufficient funding is available in the
project budget to award the construction contract. Project funding is provided by State
Gas Tax funds and by a Transportation Fund for Clean Air (TFCA) grant. There is no
impact to the General Fund.
DESCRIPTION:
The 2016-2021 Capital Improvement Program (CIP) includes the San Ramon Arterial
Management project, CIP No. ST0217 (Attachment 1). The plans and specifications for
the project were completed and the project was advertised for bids in March 2018. The
work includes: installation of internally illuminated street name signs to improve motorist
guidance; installation of bicycle detection equipment to ensure bicyclists can trigger
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green lights; installation of a traffic camera to allow Staff to monitor traffic flow; and
upgrade of the existing communication network from copper wire to fiber optic wire to
improve speed and increase bandwidth. The project limits are San Ramon Road from
Dublin Boulevard to Vomac Road. This project is exempt under Section 15301 (Existing
Facilities) of the CEQA Guidelines.
A total of five sealed bids were received on March 27, 2018, ranging from $403,736.00
to $494,627.50. A summary of the bids is provided as Attachment 2. The low bid of
$403,736.00 was submitted by W. Bradley Electric, Inc. (WBE).
Bid Protest:
On March 29, the third lowest bidder on the project, Crosspoint General Engineering,
submitted a bid protest claiming bids were materially non-responsive from both the
lowest bidder, WBE, and from the second lowest bidder, Columbia Electric, Inc.
(Attachment 4). Crosspoint General Engineering’s bid protest notes that the lowest bid:
did not include general, automobile, and workers compensation insurance certificates;
someone initialed the bid proposal “DG” but the proposal was signed by “Ralph
Greenwood;” the bidding contractor name is different than what is written throughout the
bid; the contractor failed to affix their corporate seal to the bid; the contractor failed to
provide all requirements of the bid solicitation; and the contractor does not have C-7
license.
On April 9, 2018, City Staff issued a letter to Crosspoint General Engineering,
responding to their bid protest and informing them that staff will recommend that the
City Council waive the minor bid irregularities and award the contract to WBE as the
lowest responsive bidder. Staff found that the items included in the protest are
inconsequential variances and therefore can be waived by the City Council in
accordance with the Public Contract Code and the requirements of the City’s bid
solicitation documents. Specifically, the variances resulted in a minor bid irregularity
that: (1) did not affect the bid amount; (2) gave no bidder an advantage no t afforded to
other bidders; (3) created no potential vehicle for f avoritism; (4) did not affect the ability
of the awarding agency to compare bids; and (5) did not discourage other potential
bidders from submitting bids.
Although WBE did not include insurance certificates in their proposal, WBE’s CFO
signed a certification that WBE will provide the required insurance. In regard to the
initials “DG” and the contractor name, these variances did not affect the bid amount or
provide an advantage to the bidder. The bid received by the City did include an
embossed corporate seal of WBE. Finally, a Contractor holding a C-10 license can
perform all of the work that a contractor holding a C -7 license can perform. Since the
WBE holds a C-10 license, this objection was found to be invalid.
Staff has reviewed the bid results and bidder qualification statements, checked
references and necessary licenses, and recommends that the City Council adopt the
Resolution, waiving any and all minor bid irregularities, rejecting the bid protest, and
awarding the project construction contract to W. Bradley Electric, Inc., as the lowest
responsive bidder.
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Staff expects the project to begin in late April 2018 and anticipates it to be completed by
the end of July 2018.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this staff report was sent to W. Bradley Electric, Inc. and Crosspoint General
Engineering.
ATTACHMENTS:
1. CIP Project ST0217
2. Bid Results
3. Resolution Awarding a Contract to W. Bradley Electric, Inc.
4. Bid Protest Crosspoint General Engineering
Number ST0217 Program STREETS
ESTIMATED COSTS
PRIOR
YEARS
2017-2018
BUDGET 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023
FUTURE
YEARS
ESTIMATE TOTALS
9100$252$17,228$17,480
9200$19,500$15,500$35,000
9400$612,000$612,000
9500$3,000$3,000
$19,752$647,728$667,480
FUNDING SOURCE
PRIOR
YEARS
2017-2018
BUDGET 2018-2019 2019-2020 2020-2021 2021-2022 2022-2023
FUTURE
YEARS
ESTIMATE TOTALS
2201$521,128$521,128
2207$19,752$126,600$146,352
$19,752$647,728$667,480
ANNUAL OPERATING IMPACT
TFCA/Transportation
for Clean Air
State Gas Tax
Salaries & Benefits
Contract Services
Improvements
SAN RAMON ROAD ARTERIAL MANAGEMENT
TOTAL
2018-2023 CAPITAL IMPROVEMENT PROGRAM
Miscellaneous
TOTAL
PROJECT DESCRIPTION
This project will implement traffic signal coordination and transit prioritization improvements along San Ramon Road from I-580 on-ramps to Vomac Road,including signal
coordination for five traffic signals, upgradeof intersection communications infrastructure,update of five traffic signal controllers, and transit prioritizationfor three intersections
along the corridor. The project willbe completed by fall 2018.
ANNUAL OPERATING IMPACT:None
MANAGING DEPARTMENT: Public Works
San Ramon Road Arterial Management Project
ST0217
Bid Date:
BASED BID
ITEM Qty.UNIT Unit Cost Extension Unit Cost Extension Unit Cost Extension Unit Cost Extension Unit Cost Extension
1 1 LS $5,388.00 $5,388.00 $20,000.00 $20,000.00 $27,700.00 $27,700.00 $40,000.00 $40,000.00 $41,900.00 $41,900.00
2 1 LS $26,797.00 $26,797.00 $20,000.00 $20,000.00 $27,700.00 $27,700.00 $40,000.00 $40,000.00 $20,000.00 $20,000.00
3 9 EA $4,020.00 $36,180.00 $5,955.00 $53,595.00 $1,246.50 $11,218.50 $6,500.00 $58,500.00 $4,265.00 $38,385.00
4 4 EA $2,750.00 $11,000.00 $4,100.00 $16,400.00 $969.50 $3,878.00 $7,500.00 $30,000.00 $3,195.00 $12,780.00
5 1 EA $10,500.00 $10,500.00 $7,735.00 $7,735.00 $10,941.50 $10,941.50 $15,000.00 $15,000.00 $11,900.00 $11,900.00
6 36 EA $1,666.00 $59,976.00 $815.00 $29,340.00 $2,216.00 $79,776.00 $1,500.00 $54,000.00 $945.00 $34,020.00
7 3 EA $4,000.00 $12,000.00 $2,520.00 $7,560.00 $1,246.50 $3,739.50 $3,500.00 $10,500.00 $1,825.00 $5,475.00
8 6,000 LF $6.50 $39,000.00 $9.32 $55,920.00 $13.85 $83,100.00 $10.00 $60,000.00 $11.50 $69,000.00
9 225 LF $8.00 $1,800.00 $9.32 $2,097.00 $11.08 $2,493.00 $9.00 $2,025.00 $29.75 $6,693.75
10 80 LF $94.00 $7,520.00 $192.95 $15,436.00 $41.55 $3,324.00 $80.00 $6,400.00 $95.00 $7,600.00
11 735 LF $133.00 $97,755.00 $192.95 $141,818.25 $103.87 $76,344.45 $95.00 $69,825.00 $135.00 $99,225.00
12 6,345 LF $5.00 $31,725.00 $5.60 $35,532.00 $18.00 $114,210.00 $7.00 $44,415.00 $16.25 $103,106.25
13 6,345 LF $1.00 $6,345.00 $2.15 $13,641.75 $1.39 $8,819.55 $5.00 $31,725.00 $1.50 $9,517.50
14 5 EA $2,250.00 $11,250.00 $1,170.00 $5,850.00 $2,631.50 $13,157.50 $1,250.00 $6,250.00 $1,975.00 $9,875.00
15 60 EA $600.00 $36,000.00 $345.00 $20,700.00 $152.35 $9,141.00 $250.00 $15,000.00 $265.00 $15,900.00
16 5 EA $2,100.00 $10,500.00 $1,360.00 $6,800.00 $2,770.00 $13,850.00 $1,350.00 $6,750.00 $1,850.00 $9,250.00
TOTAL $403,736.00 $452,425.00 $489,393.00 $490,390.00 $494,627.50
List of Sub-Contractors
Electrical Fiber Optic Cable and Splicing Contra Costa Electric M & M Hansen Communications Integrity Data & Fiber None
TENNYSON ELECTRIC
Directional Boring Precision Directional Boring
APPARENT LOW BIDDER
Description W.BRADLEY ELECTRIC COLUMBIA ELECTRIC CROSSPOINT ST. FRANCIS ELECTRIC
Conduit 3"
Flexible Fabric Innerduct
Trace Wire
Fiber Patch Panel
Splices
Splice Case
Furnish and Install PTZ Camera
Pullbox - 6E
Pullbox - N48
Fiber Optic Cable (96 Strand)
Fiber Optic Cable (12 Strand)
Conduit 2"
TENNYSON ELECTRIC
DESCRIPTION
Mobilization (not to xceed 10% of total bid)
Traffic Control (not to exceed 10% of total bid)
Furnish and Install Internally Illuminated Street Name Sign)
Install City-Furnished Bicycle Detector and Elements
March 27, 2018
W.BRADLEY ELECTRIC COLUMBIA ELECTRIC CROSSPOINT ST. FRANCIS ELECTRIC
CITY OF DUBLIN
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
BID SUMMARY
Project Name:
Project No. :
ATTACHMENT 2
RESOLUTION NO. XX- 18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING THE PLANS AND SPECIFICATIONS, WAIVING MINOR BID IRREGULARITY,
REJECTING BID PROTEST, AND AWARDING A CONTRACT TO W. BRADLEY ELECTRIC
INC. FOR THE SAN RAMON ARTERIAL MANAGEMENT, CIP NO. ST0217
WHEREAS, Staff completed plans and specifications for the San Ramon Arterial
Management CIP No. ST0217 (“Project”). The project includes upgrades to the traffic signal
equipment and traffic operations communications network along San Ramon Road from Dublin
Boulevard to Vomac Road; and
WHEREAS, the City of Dublin did, on March 27, 2018, publicly open, examine, and
declare all sealed bids for doing the work described in the approved Plans, Specifications, and
Modifications for Project No. ST0217, San Ramon Arterial Management, which Plans,
Specifications, and Modifications are hereby expressly referred to for a description of said work
and for all particulars relative to the proceedings under the request for bids; and
WHEREAS, the City of Dublin did, on March 27, 2018, receive a bid from W. Bradley
Electric Inc.’s and said bid contained a minor bid irregularity in that insurance certificates were
not submitted with the bid, a second party’s initials were on the bid, and “W. Bradley Electric
Inc.” was not fully spelled out in all locations in the proposal; and
WHEREAS, the City of Dublin did, on March 29, 2018, received a protest from
Crosspoint General Engineering, protesting the bid of W. Bradley Electric Inc.’s b id as being
nonresponsive due to the minor bid irregularity stated above; and
WHEREAS, said bids were submitted to the Public Works Director, who has
recommended that the bid hereinafter is the lowest and best bid for doing said work; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
hereby approves the plans and specifications for the Project.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby
waive the minor bid irregularity contained within W. Bradley Electric Inc. bid.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby find
the bid from W. Bradley Electric Inc. responsive and does hereby reject the bid protest
submitted by Crosspoint General Engineering.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does h ereby
award the Contract for Project No. ST0217 San Ramon Arterial Management, to the lowest
responsible bidder therefore, to wit, W. Bradley Electric Inc., at a bid of Four Hundred and
Three Thousand Seven Hundred Thirty Six Dollars and No Cents ($403,736.00), the particulars
of which bid are on file in the Office of the Public Works Director.
ATTACHMENT 2
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby
authorize the City Manager or his designee to execute the Construction Agreement with W.
Bradley Electric Inc. and to approve the Contract Change Orders based on the app ropriated
funds designated for Project No. ST0217 up to the contingency amount of $80,747.00
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Construction Agreement with W. Bradley Electric Inc.
PASSED, APPROVED AND ADOPTED this 17th day of April, 2018, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Crosspoint General Engineering
Carl J. Bartaldo
P.O. Box 692
Palo Cedro, CA 96073
Phone: 530.524.1001 Email: cjbartaldo @gmail.com
City of Dublin Public Works Department
Attention: Andrew C. Russell City Engineer /Assistant PW Director
City Hall, 100 Civic Plaza
Dublin, California 94568
March 29, 2018
BID PROTEST per conditions set forth in section IB -08
In Response to: San Ramon Road Arterial Management - Project No. ST0217
Bid Opening: 2:00 p.m., on March 27, 2018
At this time with the bid information made available March 29, 2018, this Notice of
Protest is made per the California Public Contract Codes 1100, 20160- 20175.2, and
City of Dublin Instructions to Bidders Section I13-06 (Page 66 -69) and follows
Section IB -08 Bid Protest of the project specifications.
In order to be awarded a contract, a bid must be responsive to the solicitation
requirements, i.e., it must promise to do all of what the solicitation document
requires. The following bid proposals are materially non - responsive, and
unavailable for award;
1.) W. Bradley Electric, Inc.
2.) Columbia Electric, Inc.
12.2 BID "RESPONSIVENESS " "To maintain fairness in the bidding process, the
public entity must reject any bid that is not "responsive".
12.2.1 `RESPONSIVENESS' DEFINED "A responsive bid is one that is strict and full
accordance with all material terms of the bid package."
12.12.3 ABUSE OF DISCRETION "Failure to properly follow applicable competitive
bidding requirements allows for seeking a writ of mandate to restrain a pubic body
from awarding a contract to one other than the lowest responsible bidder if it can
show that the award is an abuse of discretion.
Bid provided by W.Bradley Electric, Inc. is non - responsive, and unavailable for
award, as it was not submitted in compliance with the conditions set forth in section
IB -06
1. P -14 (Page Sl) General and Automobile Insurance Certification was NOT
submitted with the bid proposal.
2.
P -15 (Page 53) Workers Compensation Insurance Certification is
incomplete, as NO items are checked.
3.
P -15 (Page 53) Workers Compensation Insurance Certificate was NOT
attached to the Proposal and submitted as the form directs;
"The Contractors Workers Compensation Insurance Certificate shall meet
the requirements stated above, and must be attached to the Proposal and
submitted with the proposal."
4.
P -08 Proposal (Addendum 1) Base Contract Total - Someone other than
the person who signed the bid proposal made changes to the bid under
"Base Contract Total" and marked with the initials "DG" yet the proposal
was signed by a person named "Ralph Greenwood"
IR -06 #5 "Mistakes may be crossed out and correction typed or written in
with ink adjacent thereto, and must be initiated in ink by the person or
persons signing the proposal ".
5.
P -09 Addenda (Page 30) The Bidding Contractor Name is different
than what is written throughout the bid.
6.
P -11 Bid Bond (Page 46) Contractor is a corporation and failed to affix the
corporate seal as bid proposal forms required.
"the name and corporate seals of each corporate party being hereto
affixed"
7.
P -02 Bidder Check List (Page 13) - Contractor failed to provide ALL
requirements of bid solicitation.
"Include the following items, in the following order, with sealed bid
your
package."
Bid provided
by Columbia Electric, Inc. is non - responsive, and unavailable for
award, as it was not submitted in compliance with the conditions set forth in section
IB -06
1.
P -18 (Page 57 -62 Sections A & B) Bidder's Questionnaire was NOT
completed and submitted with bid proposal. On P -02 bidder indicated
N/A on Bidder's questionnaire. Section A - Essential Responsibility
Criteria was NOT completed and submitted. Section B - Business History
and Organizational Performance was NOT provided.
"Each bid must include an accurate bidder's
questionnaire properly
completed on behalf of the bidder and signed by a representative
authorized to bind the bidder." Additional Reference IB -06 #16
6. P -02 Bidder Check List (Page 13) -Contractor failed to provide ALL
requirements of bid solicitation.
"Include the following items, in the following order, with yourseated bid
package."
Neither W. Bradley Electric, Inc. nor Columbia Electric, Inc. possess a C -7 license nor
have listed a subcontractor with a C -7 Classification that is deemed appropriate to
perform the C -7 portion of the work which is required by the CSLB.
Public Contract Code - Chapter 6, Section 6100
(a) A state agency, as defined in Section 10335.7 that is subject to this code, shall,
prior to awarding a contract for work to be performed by a contractor, as defined by
Section 7026 of the Business and Professions Code, verify with the Contractors State
License Board that the person seeking the contract is licensed in a classification
appropriate to the work to be undertaken. Verification as required by this section
need only be made once every two years with respect to the same contractor.
(b) In lieu of the verification, the state entity may require the person seeking the
contract to present his or her pocket license or certificate of licensure and provide a
signed statement which swears, under penalty of perjury, that the pocket license or
certificate of licensure presented is his or hers, is current and valid, and is in a
classification appropriate to the work to be undertaken.
(Amended byStats. 2015, Ch 303, Sec. 419. (AB 737) Efecdve January 1, 2016.)
The form of relief requested is that all bids submitted without required
documents are disqualified, as they are non - responsive and unavailable for
award.
1 appreciate your time and assistance, thank you.
Respectfil!W Submitted,
dtl J. Bartaldo
Crosspoint General Engineering
C:
Andrew Russell - City of Dublin
Gary Huisingh - City of Dublin
Obaid Khan - City of Dublin
Mark Hansen- M &M Hansen Communications
W.Bradley Electric, Inc.
Columbia Electric, Inc.
CALIFORNIA ALL PURPOSE 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 o
that document.
STATE OF CALIFORNIA
COUNTY OF f5 "tAST:�I"
On 3:7 0`x0(51( before me, �S� i)12 —T &Z-- _Notary
Gore Insert Name and rifle of the officer
Public, personally appeared �,f�.R -�- _� :ji� roi
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personX whose name is /an
subscribed to the within instrument and acknowledged to me that he /Shefthey executed the same in
his /heF/the authorized capacityltesj, and that by his /her their signatureN on the instrument the
person( or the entity upon behalf of which the person( 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.
Signature:
Commission N 2178095
Notary Public - California
Shasta County
OPTIONAL ___ ------ _ ---
_,.
Though this section is optional, completing this information can deter alteration of the document or fraudulent
attachment of this form to an unintended document.
Description of Attached Document e,�
Title or Type of Document: Min PROT£5 T Document Date: 3 � 30 ') p
Number of Pages:_ � Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signers Name: JUA LL S. AA-RTq c.o-p
❑ Corporate Officer — Title(s)
❑ Partner- O Limited O General
❑ Individual OAttorney in Fact
❑ Trustee OGuardian or Conservator
-"--CiOther: D to N f fL,
Signer is Representing:
Signers Name:
_
❑ Corporate Officer — Titles)
❑ Partner- O
Limited O General
❑ Individual
OAttorney in Fact
❑Trustee
OGuardian or Conservator
❑ Other:
Signer is Representing
P -02 BIDDER CHECK LIST
PROJECT NAME �59/t 9M0" Qa' fiflenw� Mw+a�ew,aN �'
Project No. ST-0.o? 17
NAME OF BIDDER:_ 14r. Bradl+v Flertric. jg0,
Include the following items, in the following order, with your sealed bid package.
Bidder's check list
Bid Proposal and Bid Schedule that state the bid as intended
Addendum form signed and dated on behalf of the bidder
Executed Bid Bond
Contractor's License Information
List of Subcontractors
It General and Automobile Insurance Certification
_ X Workers Compensation Insurance Certification
_A Non - Collusion Affidavit
1_ Debarment and Suspension Certification
Bidders questionnaire, if any
Public Contract Code Section 10285.1 Statement
�I Public Contract Code Section 10162 Questionnaire
_X Public Contract Code Section 10232 Statement
—.2t-- Bidders Signature Page
J Arrange to have the sealed bid delivered to the Department of Public Works in the
City of Dublin offices at 100 Civic Plaza, Dublin, California, 94568, on or before the
time specified for bid opening in the notice inviting bids
Bid Documents 13
P -16 CERTIFICATE RELATING TO WORKER'S COMPENSATION INSURANCE
I, THE UNDERSIGNED, HEREBY CERTIFY that at all times during the performance of any work under
contract or agreement with the City of Dublin (check one of the following):
I will have in full force and effect Worker's Compensation Insurance pursuant to the
attached Certificate of Worker's Compensation Insurance Issued by an admitted insurer. Said certificate
shall state that there is In existence a valid policy for Worker's Compensation Insurance In a form
approved by the California Insurance Commissioner. The certificate shall show the expiration date of the
policy, that the full deposit premium on the policy has been paid and that the Contractor will give City at
least ten (10) days advance notice of the cancellation of the policy (an exact copy or duplicate of the
Certificate of Worker's Compensation Insurance certified by the Director of Industrial Relations or the
Insurer may be attached).
I have in full force and effect and have attached hereto a Certificate of Consent to Self -
Insure issued by the Director of Industrial Relations (an exact copy of duplicate thereof certified by the
Director may be attached).
I declare under penalty of perjury that the foregoing is true and correct and executed on this �� day
of MW 204at Dublin, Callfornta.
I
By: �
Ogicial Tifie
On behalf of: (,)t 1 (_7 %li4i t r C. f {c.7% r c 0
Contractor
NOTE:
The Contractors Workers Compensation Insurance Certificate shall meet the requirements stated
above, and It must be attached to the Proposal and submitted with the proposal.
The Contractor may be required to have Workers Compensation Insurance if you have someone
working for you. For further information on these requirements, contact the Office of the Director of
Industrial Relations, 1515 Clay Street, 6'" Floor, Oakland, CA, M12 (610) 622 -2866.
-53-
W. Bradley Electric, Inc.
11
735
LF
Conduit 31
Section
TP -16
$
$
12
6,345
LF
Flexible Fabric InnerduGt
Section
TP -12F
13
6,345
LF
Trace Wire
Section
TP -15
s
14
5-
EA
Fiber Patch Panel
Section
TP -12G
3 S
$ 1/1 A50
15
60
EA
Splices
Section
TP -12G
$ J
$ *
16
5
EA
Splice Case
Section
TP -126
g on -
$ 5 00 1
BASE CONTRACT TOTAL
(Basis for Determining Low Bid)
U � ? ✓ J O
& — ^4 Aree �
h
au3Ark�
Seven hmne%rAd, fk1,+t5 4ilX dDIlGrri
1) In accordance with Section 1103 of the Public Contract Code, a "Responsible bidder," as
used in this part, means a bidder who has demonstrated the attribute of trustworthiness,
as well as quality, fitness, rapacity, and experience to satisfactorily perform the public
works contract.
2) In accordance with Section 20170 & 20171 of the Public Contract Code, all proposals or
bids shall be accompanied by one of the following forms of bidder's security:
a. Cashier's check drawn upon a responsible bank made payable to the City of
Dublin.
b. A bidder's bond executed on the city furnished form by an admitted surety
insurer, made payable to the City of Dublin.
3) A bid shall not be considered unless one of the forms of bidders security is enclosed
with it.
4) The sum of bidders security shall not be less than ten (10) per cent of the aggregate
sum of the bid, which check or bond, and moneys represented thereby shall be held by
Revised Section P -08 Addendum 1
PROPOSAL
"9 ADDENDA
W. Bradley Electric, Inc.
.n.,uniy wmracror
PHONE: (qt S 89 Si'IYoo
TO: The City of Dublin herein called Owner:
Pursuant to and In compliance vdth the Contract Documents relating to:
e� n n 1 n .
The undersigned bidder acknowledges receipt of the following
Documents: addenda to the Contract
/
Addendum No.: 1 dated
Z.Z ZOO �
Addendum No.: dated
---
Addendum No.: ., _,
Addendum No.: dated
Addendum No.: dated
Addendum No.: dated
The Proposer acknowledges that it is responsible for vedficatlon of the number of Addenda
Issued prior to submitting the proposal. Failure to acknowledge receipt of au addenda shall
cause the proposal to be considered non - responsive to the Contract Documents. '
AcknovAedged receipt of each addendum must be clearly established and Included with the '
offer.
f
Signature and TING
Date
Bid Documents 30
In the event suit is brought upon this bond by the OBLIGEE and judgment is recovered, the SURETY shall
pay all costs incurred by the OBLIGEE in such suit, including a reasonable attorneys fee to be fixed by the
Court.
IN WITNESS WHEREOF, the above -bound parties have executed this instrument under their several
seals this 21st day of March , 2018 , the name and
corporate seals of each corporate party being hereto affixed and these presents duly signed by their
undersigned representatives, pursuant to authority of their governing bodies.
(Corporate Seal)
PRINCIPAL.
W era ey El aGc, Inc.
(Acknowledgement)
Title
SURETY-Fidelity
and Deposit Company of Maryland
(Corporate Seat)
B�
//
(Attorney -in -fact)
(Acknowledgement)
Title Allorney -In -Fact, Stephanie Warden
(NOTE TO SURETY COMPANY., A certified copy of unrevoked resolution of authority for the attomey -in-
fact must be submitted with and attached to the executed bid bond.)
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P -02 BIDDER CHECK LIST
PROJECT NAME
Project No.
NAME OF BIDDER: COLUMBIA ELECTRIC, INC.
Include the following items, in the following order, with your sealed bid package.
Bidder's check list
Bid Proposal and Bid Schedule that state the bid as intended
'�. Addendum form signed and dated on behalf of the bidder
_k Executed Bid Bond
XContractor's License Information
_ List of Subcontractors
General and Automobile Insurance Certification
Workers Compensation Insurance Certification
Non - Collusion Affidavit
Debarment and Suspension Certification
Bidder's questionnaire, if any
Public Contract Code Section 10285.1 Statement
Public Contract Code Section 10162 Questionnaire
Public Contract Code Section 10232 Statement
Bidder's Signature Page
Arrange to have the sealed bid delivered to the Department of Public Works in the
City of Dublin offices at 100 Civic Plaza, Dublin, California, 94568, on or before the
time specified for bid opening in the notice inviting bids
Bid Documents 13
name or model number listed in the Technical Specifications or Project Plans. Unless the Technical
Specifications or Project Plans indicate that a particular brand product is necessary to match others in use,
bidders may propose equals of products listed by manufacturer name, brand name or model number.
Complete information for products proposed as equals must be submitted to the City for review by at least
ten (10) business days before the time specified for opening bids. To be considered, proposals
concerning products proposed as equals must include sufficient information to permit the City to determine
whether the products proposed as equals will satisfy the same performance requirements as products
listed by manufacturer's name, brand or model number. Such performance requirements may include, but
are not limited to, size, strength, function, appearance, ease of maintenance and repair, and useful life
requirements. Proposals concerning products proposed as equals that are submitted less than ten (10)
business days before the time specked for opening bids will not be considered. Failure to bid products
specified by manufacturer name, brand name or model number where the Technical Specifications or
Project Plans specify that a particular product is necessary to match others in use, or where no proposal
concerning products proposed as equals has been submitted pursuant to this provision may render a bid
non - responsive.
IB-04 ADDENDA
The effect of all addenda to the contract documents shall be considered in the bid, and said addenda shall
be made a part of the contract documents. Acknowledgement of receipt of all addendum issued in the
space Provided in the Proposal is required Before submitting his or her bid, each bidder shall inform
himself or herself as to whether or not any addenda have been issued. Failure to acknowledge an
addendum may render his or her bid incomplete and result in its rejection.
IB -05 CONTRACTORS INTERESTED IN MORE THAN ONE PROPOSAL
No person, firm, corporation, partnership or legal joint venture may submit more than one bid for the
Project. However, a person, firm, corporation, partnership or legal joint venture that has submitted a
subcontract proposal to a bidder, or that has quoted prices on materials to a bidder may submit a
subcontract proposal, quote prices to other bidders and submit its own bid.
IB -06 PROPOSALS
1. Bids to receive consideration shall be made in accordance with the following instructions:
2. Bids shall be made only upon the forms attached to and forming a part of the Contract Documents;
all proposal items shall be properly filled out; numbers shall be stated in both words and in figures,
and the signature of all persons signing shall be in longhand. Where there is conflict in the words
and figures, the words shall govern.
3. Proposal package. A complete proposal package consists of the following documents: Notice
Inviting Bids, Bidder's Check List, Non-collusion Affidavit, Debarment and Suspension Certification,
Public Contract Code Section 10285.1 Statement, Public Contract Code Section 10162
Questionnaire, Public Contract Code Section 10232 Statement, Worker's Compensation
Insurance, Apprenticeship Standards, Certification of Safety and Eligibility Requirements,
Information Regarding Subcontractors, Proposal, Addenda, Construction Agreement, Bid Bond,
Performance Bond, Payment/Labor and Materials Bond, Certificate of Insurance, Certificate
Relating to Worker's Compensation Insurance, Certificate of Worker's Compensation Insurance,
and Bidder's Questionnaire if used.
4. Each bid must give the full business address of the bidder. Bids of partnerships must furnish the
full name of all partners and must be signed in the partnership name by one of the members of the
To
partnership, or by an authorized representative, followed by the printed name and title of the
person signing. Bids of corporations must be signed with the legal name of the corporation,
followed by the name of the state of incorporation and by the signature and designation of the
president, secretary or other person authorized to bind the corporation. The name of each person
signing shall also be typed or printed below the signature. Upon request of the City, bidders will
furnish satisfactory evidence of the authority of the person signing the bid. Bids of joint ventures
must include a certified copy of the legal agreement constituting the joint venture.
5. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes
may be crossed out and correction typed or written in with ink adjacent thereto, and must be
initialed in ink by the person or persons signing the proposal.
6. Bids that are incomplete or that are not presented on the bid forms furnished with the bid package
may be deemed non - responsive.
7. Bids shall not contain any recapitulation of the work to be done. Alternative proposals will not be
considered unless called for. No oral, facsimile, or telephonic proposals or modifications will be
considered.
8. The City may require any proposer to furnish a statement of his or her experience, financial
responsibility, technical ability, equipment and references, property and fully filled out.
9. Each bidder shall list his or her proposed subcontractors on the form accompanying the proposal,
in accordance with the provisions of the specifications.
10. A proposal shall not be considered unless the bidder provides a bid bond on the City's provided
form or cashers check made payable to the City of Dublin.
11. Pursuant to California Public Contract Code Section 20170, all bids must include one of the forms
of bidder's security specified in the Notice Inviting Bids in an amount of at least ten (10) percent of
the total of the bid prices for the base bid and those additive or deductive items specifically
identified in the Notice Inviting Bids for the purpose of determining the lowest price bid. Bidders
that elect to provide bidder's security in the form of a bid bond must execute a bid bond using the
form provided in the bid fortes. The bidder's security is tendered as a guarantee that the
successful bidder, if awarded the Project contract, will execute and submit to the City all required
bonds, certificates of insurance, completed contract forms and other documents listed in the
Contract Check List and enter into a contract with the City within fifteen (15) calendar days of
receipt of the notice of award. The bidder's security of any successful bidder that fails to do so will
be forfeited to the City. All bidders' security not forfeited to the City will be returned once a
successful bidder provides all required documents and enters a contract with the City in
accordance with all applicable bid package requirements. Forfeiture of the bidders security to the
City will not waive or otherwise limit any other remedy available to the City under applicable law.
12. Bids shall be delivered to the City office specified in the "Notice Inviting Bids" on or before the day
and hour set for the opening of Proposals. Proposals shall be enclosed in a sealed envelope and
shall bear the title of the work and name of the Proposer. Proposals received after the time
specified in the Notice Inviting Proposals shall be returned unopened in accordance with the
requirements of Section 4104.5 of the Public Contract Code.
13. Bids may
be withdrawn prior to
the time set for
bid
opening
by a written request signed by an
authorized
representative of the
bidder filed with
the
City Clerk. The bid security submitted with
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bids so withdrawn will be returned to the bidder. Bidders that have withdrawn their bid pursuant to
this provision may submit a new bid prior to the time set for bid opening in accordance with all
applicable bid package requirements. Bids may not be withdrawn during the ninety day period
after the time set for bid opening except as permitted by law pursuant to California Public Contract
Code Section 5100 and following. Any other bid withdrawal will result in forfeiture of the bidder's
bid security to the City.
14. Pursuant to California Business and Professions Code Section 7028.15, Public Contract Code
Section 20103.5, and as specified in the Notice Inviting Bids, all Project work must be performed
by properly licensed contractors and subcontractors with active licenses in good standing as of the
date and time specified for bid opening, or, if the Project involves federal funds, no later than the
time the Project contract is awarded. Bidders must verify their Contractor's License number and
license expiration date on the proposal cover page under penalty of perjury. Bids that do not
satisfy applicable licensing requirements will be considered non - responsive and rejected and may
subject the bidder to criminal and /or civil penalties.
15. The contractor shall assign compensation (for furnishing all labor, materials, tools, equipment, and
incidentals for doing work) for each bid item proportionally as provided for in the proposal and not
unbalance any bid items. The contractor shall not exceed any stated percentages or amounts.
Failure to comply with these requirements may cause the City to consider the Bid non - responsive.
City may require background information to support any bid item(s). If City's request for
background information is not substantiated, City may consider the bid non - responsive.
16. If the bid forms include a bidder's questionnaire, all bids must include a completed bidder's
questionnaire on the forms provided. By submitting a bid, bidders authorize City representatives to
verify any and all information provided on the bidder's questionnaire and agree to indemnify,
defend and hold harmless the City and its officials, officers, employees, agents and volunteers to
full the extent permitted by law from and against any claims, liability or causes of action, including,
without limitation, legal fees and costs, arising out of verification of the information provided on the
bidders questionnaire, and /or arising out of use of information provided in the bidders
questionnaire to determine, pursuant to applicable law, the qualification of the bidder for
performing the Project.
17. Bids must be pursuant to the requirements of the Subletting and Subcontracting Fair Practices,
Act, California Public Contract Code Section 4100 and following. Bids must include a completed
list of proposed subcontractors on the form included in the bid package. Pursuant to California
Public Contract Code Section 4104, Completed lists of proposed subcontractors must include the
name, business location, the portion (type or trade), and dollar amount of the Project work to be
subcontracted for each subcontractor that will perform a portion of the Project work (including
special fabrication and installation of a portion of the work) valued in excess of one half of one
percent of the total Project bid price. If the Project work includes construction of streets or
highways, the completed list of proposed subcontractors must include the subcontractor name,
business location, type of work and dollar amount to be subcontracted for each subcontractor that
will perform a portion of the Project work (including special fabrication and installation of a portion
of the work) valued in excess of one half of one percent of the total Project bid price, or ten
thousand dollars ($10,000), whichever is greater.
18. Pursuant to California Public Contract Code Section 4106, for any portion of the Project work with
a value of more than one half of one percent of the total Project bid price for which no
subcontractor is listed, or for which more than one subcontractor is listed, bidders certify by
submitting their bids that they are qualified to perform that portion of the Project work and that they
will perform that portion of the Project work with their own forces. Bidders may not substitute
I
another subcontractor for a subcontractor listed in their bid except as permitted by the City
pursuant to Section 4107 and following of the California Public Contract Code.
IB -07 OPENING OF BIDS
Bids will be opened and read at the time and place set in the "Notice Inviting Bids" in the Dublin City Hall,
Dublin, California, unless amended by Addendum. Bidders or their representatives and other interested
persons, are invited to be present at the opening of bids.
IB -08 BID PROTEST
Any protest of the proposed award of Contract to the bidder with the lowest responsive bid must
be submitted in writing to the City's Public Works Department, 100 Civic Plaza, Dublin California,
no later than 5 PM of the third (3rd) business day following the date of the Bid Opening. All
protests shall comply with the following procedures:
1. The bid protest must be accompanied by a non - refundable bid protest filing fee in the amount of
two hundred and fifty dollars ($250.00) in the form of a cashier's check or certified check made out
to "City of Dublin." A protest that is submitted without this filing fee will be returned without further
action or consideration.
2. The protest must contain a complete statement of the basis for the protest and must be notarized
and signed under penalty of perjury.
3. The protest must state the facts and refer to the specific portion of the document(s) or the specific
statute that forms the basis for the protest. The protest must include the name, address, and
telephone number of the person representing the protesting party, and the address to which notices
should be directed.
4. The party filing the protest must concurrently transmit a copy of the initial protest to the Bidder
deemed the lowest Bidder.
5. The party filing the protest must have actually submitted a bid for the Project. A subcontractor of a
party filing a bid for the Project may not submit a bid protest. A party may not rely on the bid
protest submitted by another Bidder, but must pursue its own protest in a timely manner as set
forth herein.
6. The procedure and time limits set forth in this Section are mandatory and are the bidders' sole and
exclusive remedy in the event of a bid protest. The bidder's failure to fully comply with these
procedures shall constitute a waiver of any right to further pursue a bid protest, including filing of a
challenge of the award pursuant to the California Public Contract Code, filing of a claim pursuant to
the California Government Code, or filing of any other legal proceedings.
7. The City shall review all timely protests prior to formal award of the Contract. The City shall not be
required to hold an administrative hearing to consider any protests, but may do so at its option. At
the time of the City Council's consideration of the award of the Contract, the City Council may also
consider the merits of any timely protests. The City Council may either reject the protest and
award to the lowest responsive, responsible bidder or accept the protest and award the bid to the
next lowest responsive, responsible Bidder.
B. Nothing in this section shall be construed as a waiver of the City Council's right to reject all bids.
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