BID DOCUMENTS

[Pages:96]BID DOCUMENTS

FOR

VASCO CAVES REGIONAL PRESERVE (BYRON VERNAL POOLS)

SOUZA II WETLANDS RESTORATION PROJECT BYRON, CA

CONTRACT NUMBER: 05-09-140 PROJECT NUMBER: 145400

NOTES: Bids are due before 2:00 p.m., Thursday, July 2, 2009 at the District

Headquarters.

A mandatory on-site pre-bid meeting is scheduled for Tuesday, June 23, 2009, at 10:30 a.m. Meet on Armstrong Road at the Contractor Access Point, as shown on Sheet SA-1.

To review published construction project information such as Addendums, Plan Holder's List and Bid Results visit and click on "Construction Projects" at the bottom of the page. Bid Results will be posted for 30 days from Bid Due Date.

This project subject to California labor compliance regulations.

Plans and Specifications Prepared by:

ICF Jones & Stokes 630 K Street, Suite 400 Sacramento, CA 95814

East Bay Regional Park District 2950 Peralta Oaks Court Oakland, CA 94605 Telephone: (510) 544-2301

East Contra Costa County Habitat Conservancy 651 Pine Street, 4th Floor, North Wing Martinez, CA 94553

VASCO CAVES REGIONAL PRESERVE (BYRON VERNAL POOLS) SOUZA II WETLANDS RESTORATION PROJECT BYRON, CALIFORNIA

CONTENTS

NO. OF PAGES NOTICE TO BIDDERS................................................................................ 1 INFORMATION FOR BIDDERS.................................................................. 4 FORMAL BID PROPOSAL ......................................................................... 7 AGREEMENT ............................................................................................. 4 PERFORMANCE BOND ............................................................................. 2 LABOR AND MATERIALS PAYMENT BOND............................................. 2 INSURANCE REQUIREMENTS ................................................................. 1 GENERAL CONDITIONS ...........................................................................20 SUPPLEMENTARY CONDITIONS .............................................................12 DESCRIPTION OF BID ITEMS................................................................... 3 INDEX ? TECHNICAL SPECIFICATIONS .................................................. 1 TECHNICAL SPECIFICATIONS .................................................................27

INFORMATION FOR BIDDERS

EAST BAY REGIONAL PARK DISTRICT

Information for Bidders Page 1

1. GENERAL REQUIREMENTS.

(a) Examination of Site and Contract Documents. Attention is directed to bidder's obligations under ARTICLE 13 of the General Conditions. Any questions, call Diane Althoff, Chief, Design and Construction Department, at (510) 544-2304.

NOTE: The General Conditions have been revised as of June, 2002.

(b) Addenda. Addenda will only be issued in writing. The District will make reasonable efforts to deliver (via facsimile or expedited mail service) addenda to all bidders who are known by the District to have purchased a complete set of contract documents and who have provided a current street address and fax number for receipt of addenda.

Each Bidder shall be responsible for ascertaining, prior to submitting its bid, that it has received all issued addenda. District makes no guarantee that all Bidders will receive all the addenda. Copies of addenda will be made available for inspection at the office where contract documents are on file for inspection, as indicated on the Notice to Bidders.

Addenda withdrawing the Notice to Bidders or postponing the bid deadline may be issued anytime prior to the bid deadline. However, if any Addenda result in a material change (addition or deletion) to the contract documents, the bid deadline shall be extended by the District by not less than 72 hours, pursuant to California Public Contract Code section ?4104.5.

Each Bidder shall acknowledge receipt of all Addenda on the Formal Bid Proposal. Failure to acknowledge receipt of addenda may render the bid non-responsive.

(c) Licensing. Attention is directed to the requirements of sections ?7000 through ?7145 of the California Business and Professions Code, known as the "Contractor's License Law". Contractors bidding on this project must possess an appropriate license which is current and valid at the time of Bid submittal and throughout the term of the Contract.

(d) Prevailing Wages. As required by law, the Contractor shall pay all workers California prevailing wages for each trade or classification on the job during the term of the Contract. These rates include employer payments for health and welfare, pension, vacation, travel time, subsistence pay and apprenticeship or training.

(e) Affirmative Action. The successful bidder and its subcontractors must comply with all applicable state equal employment opportunity and affirmative action laws throughout the term of the Contract.

Revised April 2009

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Information for Bidders Page 2

(f) Low Bid. The low bid shall be determined by the aggregate amount of the bidder's base bid.

(g) Right to Reject Bids. The District reserves the right to reject any or all bids, to waive any informality in bids and to accept or reject any items of a bid.

(h) Withdrawal of Bids. Bids may be withdrawn prior to the opening of bids only by signed, written notice received by the District Design Department to such effect. After the bid opening, bid commitments are relieved only as provided in PARAGRAPH 4 of the Formal Bid Proposal.

(i) Bid Protest Procedures (Bid Documents).

Any protest of the proposed award of bid to the bidder deemed the apparent lowest responsible bidder must be submitted in writing to the District no later than 5:00 p.m. on the third (3rd) business day following the date of the bid opening. Any bid protest submitted after the 3rd business day time is untimely. The written bid protest shall be accompanied by a non-refundable bid protest fee of $500.00 via certified cashier's check made payable to "East Bay Regional Park District" to reimburse the District's costs in reviewing and investigating the protest. Any untimely protest or protest submitted without the requisite bid protest fee will be returned to the protestor without further action.

The initial bid protest must contain a complete statement of the basis for the protest. The protest must state the facts and refer to the specific portion of the document 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. The party filing the protest must concurrently transmit a copy of the initial protest to the bidder deemed to be the apparent low bidder. The protest must be signed and submitted under penalty of perjury under the laws of the State of California.

The party filing the protest must have actually submitted a bid on the project. A subcontractor of a party filing a bid on this project may not submit a bid protest. A party may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.

The procedure and time limits set forth in this section are mandatory and are the bidder's 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 the bid protest, including filing of a challenge of the award pursuant to the California Public Contracts Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings.

The District shall review all timely protests prior to formal award of the bid. The District shall not be required to hold an administrative hearing to consider a timely protest, but may do so at the sole option of the Assistant General Manager for Planning, Stewardship and Development ("AGM"), or if otherwise legally required. The AGM or his/her designee shall consider the merits of any timely protests and take action thereon. The AGM has the authority to issue a final determination on all bid protests.

Revised April 2009

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