WASTEWATER TREATMENT PLANT MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT

Transcription

1 MARIN COUNTY, CALIFORNIA CONTRACT DOCUMENTS FOR WASTEWATER TREATMENT PLANT MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT JOB NO February 2015 DISTRICT BOARD Rabi Elias President Judy Schriebman Vice President Megan Clark Russell Greenfield Craig K. Murray Mark R. Williams General Manager Michael P. Cortez, PE District Engineer Mel Liebmann Plant Manager Susan McGuire, CPA Administrative Services Manager Greg Pease Collection System/Safety Manager Copy No. Page 1 of 147

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3 TABLE OF CONTENTS I. ACKNOWLEDGEMENT...1 II. NOTICE INVITING SEALED BIDS III. INSTRUCTIONS TO BIDDERS IV. BIDDER S CHECKLIST...1 V. BID FORM VI. BID BOND VII. NON-COLLUSION AFFIDAVIT...1 VIII. SITE VISIT AFFIDAVIT TO BE EXECUTED...1 IX. EQUIPMENT/MATERIAL CHECKLIST X. BIDDER QUALIFICATION STATEMENT XI. BIDDER S SIGNATURE PAGE...1 XII. BID LABEL...1 XIII. AGREEMENT XIV. GENERAL CONDITIONS XV. SUPPLEMENTARY CONDITIONS XVI. TECHNICAL SPECIFICATIONS ELECTRIC MOTORS... SECTION ADJUSTABLE SPEED DRIVE EQUIPMENT... SECTION DIGESTER GAS CONDITIONING SYSTEM... SECTION MICROTURBINE GENERATOR SYSTEMS... SECTION XVII. DRAWINGS (Total of 3 Pages) Page 3 of 147

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5 I. ACKNOWLEDGEMENT ACKNOWLEDGEMENT OF THE CONTRACT DOCUMENTS MUST BE RECEIVED BY THE DISTRICT IN ORDER FOR YOU TO RECEIVE ADDENDUMS (i.e., updates or changes to the Contract Documents). PLEASE COMPLETE BELOW AND FAX TO , OR TO IMMEDIATELY UPON RECEIPT OF THIS PACKET so that you will receive any changes or updates as they occur. If we do not receive this form from you, any updates or changes that you do not receive are not the responsibility of the District. Bid Item: WASTEWATER TREATMENT PLANT MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT Date Received: Recipient: (BIDDER) (ADDRESS) (PHONE) (FAX) ( ) Printed Name Signature MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT JOB NO ACKNOWLEDGEMENT Page I - 1 Page 5 of 147

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7 II. NOTICE INVITING SEALED BIDS 1. The Las Gallinas Valley Sanitary District invites sealed bids to provide the following products and services to the District: WASTEWATER TREATMENT PLANT MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT, in accordance with California Public Contract Code Section and other applicable law, and the following: 2. All bids must be delivered to the Las Gallinas Valley Sanitary District, 300 Smith Ranch Road, San Rafael, California on or before 11:00 AM, March 18, Bids will be opened and read publicly at that time. Bids must be made on the bid forms included in the Contract Documents. Bids that are submitted late according to the official time kept by the District Engineer or a designee will be returned unopened. Bids submitted by facsimile or other electronic means will not be accepted. Bids that are incomplete or that otherwise do not conform to the requirements specified in the Contract Documents may be deemed non-responsive. The Contract Documents may be obtained at the above address or by calling (415) The District reserves the right to reject any or all bids and to waive any formalities or minor exceptions. 3. A mandatory pre-bid meeting is scheduled for March 4, 2015 at 10:00AM, 300 Smith Ranch Rd., San Rafael, CA A site visit will follow after the mandatory pre-bid meeting. This Project requires Bidders to submit a notarized copy of a Site Visit Affidavit to be submitted with the Bid 4. The Contractor shall furnish all tools, equipment, apparatus, facilities, labor and material within 150 calendar days of the project commencement date specified in the Notice to Proceed. 5. All the project work shall be completed in accordance with the Contract Documents on file at the District. Complete Contract Documents may be obtained at the District Offices, 300 Smith Ranch Road, San Rafael, CA There will be a $25 non-refundable charge for each Contract Documents. Checks and money orders must be made payable to the Las Gallinas Valley Sanitary District. Requests for information on receiving Contract Documents should be directed to the District Offices at (415) Contract Documents will be mailed upon request and receipt of the non-refundable charge and the bidder s UPS or FedEx account number. 6. In accordance with California Public Contract Code Section , all bids must be presented under sealed cover and include one of the following forms of bidder s security: cash, cashier s check made payable to the District, certified check made payable to the District, or a bidder s bond. The amount of bidder s security provided must equal at least ten (10) percent of the total of the bid price for the base bid and the additive or deductive items listed in this notice. The successful bidder must submit to the District complete, executed copies of agreement included in the Contract Documents within fifteen (15) calendar days of receiving written Notice of Award of the project. Bidder s security of any successful bidder that fails to do so will be forfeited to the District. The Engineer s estimate is $766, In accordance with California Public Contract Code Section 6109, contractors and subcontractors who are ineligible to perform work on public works projects pursuant to California Labor Code Sections or may neither bid on, be awarded or perform work as a subcontractor on the project. 8. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the project is to be MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT JOB NO NOTICE INVITING SEALED BIDS Page II - 1 Page 7 of 147

8 performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the project. In accordance with California Labor Code Section 1770 and following, the Director of Industrial Relations has determined the general prevailing wage per diem rates for work in the locality in which the project is to be performed. In accordance with California Labor Code Section 1773, the District has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in the locality in which the project is to be performed for each craft, classification or type of worker needed to perform the project. In accordance with California Labor Code Section , copies of the prevailing rate of per diem wages are on file at the District Engineer s Office and will be made available on request. A copy of said wage rates is available online at In accordance with California Labor Code Section , contractors and subcontractors that are found guilty of willfully violating Chapter 1 of Part 7 of Division 2 of the Labor Code (except for Section ), or that are found guilty of such violations with intent to defraud, and entities in which such contractors or subcontractors have any interest, may be ineligible to bid on, be awarded, or perform project work as a subcontractor. 9. In accordance with California Public Contract Code Section 3400, bidders may propose equals of products listed in the Technical Specifications by manufacturer name, brand or model number; unless the Technical Specifications or plans specify that the product is necessary to match others in use. Complete information for products proposed as equals must be submitted to the District Engineer s Office for review at least seven (7) working days before the time specified for bid opening in accordance with the bidders instructions contained in the Contract Documents. 10. The District reserves the right to reject any and all bids and/or to waive any bid irregularities to the extent permitted by law. If the District elects to award a contract for performance of the project, the contract will be awarded in accordance with California Public Contract Code Section and other applicable law to the responsible bidder submitting a responsive bid with the lowest total bid price for the base bid and the following additive or deductive alternate items as further described in the Contract Documents. 11. Questions regarding the Contract Documents should be directed in writing as soon as possible (but no later than five (5) working days prior to the opening of bids to: Michael P. Cortez PE, District Engineer, Phone: , extension 18, or at mcortez@lgvsd.org. Where appropriate, the District may respond to such questions by addenda transmitted to all Contract Documents recipients. 12. All bids will remain valid for ninety (90) calendar days after the bid opening. Except as permitted by law and subject to all applicable remedies, including forfeiture of bidder s security, bidders may not withdraw their bid during the ninety (90) day period after the bid opening. Las Gallinas Valley Sanitary District By: /s/ Mark R. Williams Mark R. Williams, General Manager Date: February 12, 2015 MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT JOB NO NOTICE INVITING SEALED BIDS Page II - 2 Page 8 of 147

9 III. INSTRUCTIONS TO BIDDERS Table of Contents Article 1 - DEFINED TERMS...3 Article 2 - BIDS RECEIVED...3 Article 3 - COPIES OF BIDDING DOCUMENTS...3 Article 4 - QUALIFICATIONS OF BIDDERS...3 Article 5 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND POINT OF DESTINATION...3 Article 6 - PRE-BID CONFERENCE...4 Article 7 - INTERPRETATIONS AND ADDENDA...4 Article 8 - BID SECURITY...5 Article 9 - CONTRACT TIMES...5 Article 10 - LIQUIDATED DAMAGES...5 Article 11 - OR-EQUAL ITEMS...5 Article 12 - PREPARATION OF BID...6 Article 13 - BASIS OF BID; COMPARISON OF BIDS...7 Article 14 - SUBMITTAL OF BID...7 Article 15 - MODIFICATION OR WITHDRAWAL OF BID...8 Article 16 - OPENING OF BIDS...8 Article 17 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE...8 Article 18 - EVALUATION OF BIDS AND AWARD OF CONTRACT...8 Article 19 - CONTRACT SECURITY AND INSURANCE...9 Article 20 - SIGNING OF AGREEMENT...9 Article 21 - SALES AND USE TAXES...9 EJCDC P-200, Instructions to Bidders for Procurement Contracts. Copyright 2010 National Society of Professional Engineers, American Society of Civil Engineers, American Council of Engineering Companies, and Associated General Contractors of America. All rights reserved. MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT (JOB NO ) Page III - 1 Page 9 of 147

10 Article 22 - RETAINAGE...9 Article 23 - CONTRACT TO BE ASSIGNED...9 EJCDC P-200, Instructions to Bidders for Procurement Contracts. Copyright 2010 National Society of Professional Engineers, American Society of Civil Engineers, American Council of Engineering Companies, and Associated General Contractors of America. All rights reserved. MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT (JOB NO ) Page III - 2 Page 10 of 147

11 ARTICLE 1 - DEFINED TERMS 1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below. Issuing Office The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. ARTICLE 2 - BIDS RECEIVED 2.01 Refer to Notice Inviting Sealed Bids to for information on receipt of Bids. ARTICLE 3 - COPIES OF BIDDING DOCUMENTS 3.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Notice Inviting Sealed Bids may be obtained from the Issuing Office. The deposit is non-refundable Complete sets of the Bidding Documents shall be used in preparing Bids; neither Buyer nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents Buyer and Engineer have made copies of Bidding Documents available on the above terms only for the purpose of obtaining Bids for furnishing Goods and Special Services and do not authorize or confer a license for any other use. ARTICLE 4 - QUALIFICATIONS OF BIDDERS 4.01 To demonstrate Bidder s qualifications to furnish Goods and Special Services, the Bidder shall submit a Statement of Experience with the Bid Bidder is advised to carefully review those portions of the Bid Form requiring Bidder s representations and certifications See Bidder s Checklist for additional forms and documents to be submitted with the Bid. ARTICLE 5 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND POINT OF DESTINATION 5.01 See Notice Inviting Sealed Bids for the mandatory pre-bid meeting schedule. The Contract Documents require a Site Visit Affidavit to be executed by Bidder, notarized and submitted with Bid It is the responsibility of each Bidder before submitting a Bid to: EJCDC P-200, Instructions to Bidders for Procurement Contracts. Copyright 2010 National Society of Professional Engineers, American Society of Civil Engineers, American Council of Engineering Companies, and Associated General Contractors of America. All rights reserved. MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT (JOB NO ) Page III - 3 Page 11 of 147

12 A. Examine and carefully study the Bidding Documents, including any Addenda, and the related data identified in the Bidding Documents; B. Visit the Point of Destination and the site where the Goods are to be installed and Special Services are to be provided to become familiar with the local conditions if required by the Bidding Documents to do so, or if, in Bidder s judgment, any local condition may affect cost, progress, or the furnishing of Goods and Special Services; become familiar with and satisfy itself as to all Laws and Regulations that may affect cost, progress, or the furnishing of the Goods and Special Services; C. Carefully study, consider, and correlate the information known to Bidder; information commonly known to sellers of similar goods doing business in the locality of the Point of Destination and the site where the Goods will be installed or where Special Services will be provided; information and observations obtained from Bidder s visits, if any, to the Point of Destination and the site where the Goods are to be installed or Special Services are to be provided; and any reports and drawings identified in the Bidding Documents regarding the Point of Destination and the site where the Goods will be installed or where Special Services will be provided, with respect to the effect of such information, observations, and documents on the cost, progress, and performance of Seller's obligations under the Contract Documents; D. Promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution (if any) thereof by Engineer is acceptable to Bidder; and E. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for furnishing Goods and Special Services. The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 5, that without exception the Bid is premised upon furnishing Goods and Special Services required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions (if any) thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for furnishing Goods and Special Services. ARTICLE 6 - PRE-BID CONFERENCE 6.01 See Notice Inviting Sealed Bids for the mandatory pre-bid meeting schedule. Representatives of Buyer and Engineer will be present to discuss the Goods and Special Services to be furnished. Bidders are required to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ARTICLE 7 - INTERPRETATIONS AND ADDENDA 7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer via . Interpretations or clarifications considered necessary by Engineer in EJCDC P-200, Instructions to Bidders for Procurement Contracts. Copyright 2010 National Society of Professional Engineers, American Society of Civil Engineers, American Council of Engineering Companies, and Associated General Contractors of America. All rights reserved. MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT (JOB NO ) Page III - 4 Page 12 of 147

13 response to such questions will be issued by Addenda submitted to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than five (5) days prior to the date for opening of Bids will not be answered. Only answers in the Addenda will be binding. Oral statements, interpretations, and clarifications may not be relied upon and will not be binding or legally effective Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Buyer or Engineer. ARTICLE 8 - BID SECURITY 8.01 A Bid must be accompanied by Bid security made payable to Buyer in an amount of 10 percent of Bidder's maximum Bid price and in the form of: cash, cashier s check made payable to the District, certified check made payable to the District, or a Bid Bond (on form attached) issued by a surety meeting the requirements of Paragraph 4.01.B of the General Conditions The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Buyer may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders that Buyer believes to have a reasonable chance of receiving the award may be retained by Buyer until the earlier of 7 days after the Effective Date of the Agreement or 90 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned Bid security of other Bidders that Buyer believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening. ARTICLE 9 - CONTRACT TIMES 9.01 See applicable provisions in the Agreement. ARTICLE 10 - LIQUIDATED DAMAGES Any provisions for liquidated damages, such as those for Seller s failure to attain a Milestone, or to deliver the Goods or furnish Special Services within the Contract Times, are set forth in the Agreement. ARTICLE 11 - OR-EQUAL ITEMS The Contract, if awarded, will be on the basis of material and equipment specified or described in the Bidding Documents without consideration of possible or-equal items. Whenever it is specified or described in the Bidding Documents that an or-equal item of material or equipment may be furnished or used by Seller if acceptable to Engineer, EJCDC P-200, Instructions to Bidders for Procurement Contracts. Copyright 2010 National Society of Professional Engineers, American Society of Civil Engineers, American Council of Engineering Companies, and Associated General Contractors of America. All rights reserved. MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT (JOB NO ) Page III - 5 Page 13 of 147

14 application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submittal of any such application by Seller and consideration by Engineer is set forth in the General Conditions and may be supplemented in the General Requirements The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, including the Addenda. Bidders may propose "or equal" materials and equipment, which if approved by Engineer will be identified by Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, function, and quality to be met by any proposed or-equal item. No item of material or equipment will be considered by Engineer as an or-equal unless written request for approval has been submitted by Bidder and has been received by Engineer at least seven (7) days prior to the date for receipt of Bids. Each such request shall conform to the requirements of Paragraph 5.04 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer s decision of approval or disapproval of a proposed item will be final. Bidders shall not rely upon approvals unless set forth in an Addendum. ARTICLE 12 - PREPARATION OF BID The Bid Form is included with the Bidding Documents All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each item listed therein. In the case of optional alternates the words No Bid, No Change, or Not Applicable may be entered A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. EJCDC P-200, Instructions to Bidders for Procurement Contracts. Copyright 2010 National Society of Professional Engineers, American Society of Civil Engineers, American Council of Engineering Companies, and Associated General Contractors of America. All rights reserved. MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT (JOB NO ) Page III - 6 Page 14 of 147

15 12.06 A Bid by an individual shall show the Bidder s name and official address A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown All names must be typed or printed in ink below the signature The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form Each Bidder shall list the postal address, address, and telephone number for communications regarding the Bid. ARTICLE 13 - BASIS OF BID; COMPARISON OF BIDS Lump Sum A. Bidder shall submit a Bid on a lump sum basis as set forth in the Bid Form. B. For determination of the apparent low Bidder, Bids will be compared on the basis of the lump sum. ARTICLE 14 - SUBMITTAL OF BID See Bidder s Checklist for additional instructions and list of documents to be submitted with the Bid A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or Notice Inviting Sealed Bids, and shall be enclosed in a plainly marked envelope with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation BID ENCLOSED". A mailed Bid shall be addressed to: Las Gallinas Valley Sanitary District 300 Smith Ranch Road San Rafael, California, EJCDC P-200, Instructions to Bidders for Procurement Contracts. Copyright 2010 National Society of Professional Engineers, American Society of Civil Engineers, American Council of Engineering Companies, and Associated General Contractors of America. All rights reserved. MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT (JOB NO ) Page III - 7 Page 15 of 147

16 ARTICLE 15 - MODIFICATION OR WITHDRAWAL OF BID A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids If, within 24 hours after Bids are opened, any Bidder files a duly signed written notice with Buyer and promptly thereafter demonstrates to the reasonable satisfaction of Buyer that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Goods and Special Services are rebid, that Bidder will be disqualified from further bidding on the Goods and Special Services. ARTICLE 16 - OPENING OF BIDS Bids will be opened privately. ARTICLE 17 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Buyer may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period. ARTICLE 18 - EVALUATION OF BIDS AND AWARD OF CONTRACT Buyer reserves the right to reject any and all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Buyer further reserves the right to reject the Bid of any Bidder that Buyer finds, after reasonable inquiry and evaluation, to be nonresponsible. Buyer may also reject the Bid of any Bidder if Buyer believes that it would not be in the best interest of the Project to make an award to that Bidder. Buyer also reserves the right to waive all informalities not involving price, time, or changes in the Goods and Special Services, and to negotiate contract terms with the Successful Bidder More than one Bid for the same Goods and Special Services from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Goods and Special Services shall be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest In evaluating Bids, Buyer will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data as may be requested in the Bid Form or may be requested from Bidders prior to a Notice of Award. EJCDC P-200, Instructions to Bidders for Procurement Contracts. Copyright 2010 National Society of Professional Engineers, American Society of Civil Engineers, American Council of Engineering Companies, and Associated General Contractors of America. All rights reserved. MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT (JOB NO ) Page III - 8 Page 16 of 147

17 18.04 Buyer may conduct such investigations as Buyer deems necessary to establish the responsibility, qualifications, and financial ability of Bidder If the Contract is to be awarded, Buyer will award the Contract to the Bidder whose Bid is in the best interest of the Project. ARTICLE 19 - CONTRACT SECURITY AND INSURANCE Article 4 of the General Conditions and Article 4 of the Supplementary Conditions set forth Buyer s requirements as to insurance. ARTICLE 20 - SIGNING OF AGREEMENT When Buyer issues a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents that are to be identified in the Agreement and attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Buyer. Within 10 days thereafter, Buyer shall deliver one fully signed counterpart to Successful Bidder with a complete set of Drawings with appropriate identification. ARTICLE 21 - SALES AND USE TAXES Seller shall pay state sales and use taxes on materials and equipment to be incorporated in the Project. Said taxes shall be included in the Bid. Refer to Paragraph 5.05 of the Supplementary Conditions for additional information. ARTICLE 22 - RETAINAGE Provisions concerning Seller s rights to deposit securities in lieu of retainage are set forth in the Agreement. ARTICLE 23 - CONTRACT TO BE ASSIGNED Bidder s attention is directed to the provisions of Paragraph of the Agreement which provide for the assignment of the Contract to a construction contractor designated by the Buyer to construct the biogas recovery system. Bidder should consider the application of the terms and conditions of the Contract Documents after assignment, and is advised of the duty to continue to perform the Contract after it has been assigned to the construction contractor. Timing of the assignment is set forth in the Agreement. Forms documenting the assignment of the Contract and for the agreement of the Seller s surety to such assignment are included as attachments to the Agreement. EJCDC P-200, Instructions to Bidders for Procurement Contracts. Copyright 2010 National Society of Professional Engineers, American Society of Civil Engineers, American Council of Engineering Companies, and Associated General Contractors of America. All rights reserved. MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT (JOB NO ) Page III - 9 Page 17 of 147

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19 IV. BIDDER S CHECKLIST Name of Bidder Name of Bidder: (Contractor s Legal Name) Did You: Send a properly completed Acknowledgement form before the bid opening. Include with your bid the following properly completed, accurate copies of the following documents in the following order using the forms included in the Contract Documents: Bidder s Checklist (this page) Bid Form Acknowledgement of each addendum issued by the District, if any, with signed and dated acknowledgement page in the Bid Form. Bidder s security in the form of: cash, cashier s check made payable to the District, certified check made payable to the District, or a Bid Bond (see attached form) Non-Collusion Affidavit Site Visit Affidavit to be Executed by Bidder, Notarized and Submitted with Bid Equipment/Material Checklist for microturbines and compatible digester conditioning skid equipment. Required Bidder Qualification Statement with supporting data. Executed Bidder s Signature Page Bid Label Affix a properly completed, signed and accurate Bid Label using the form included in the Contract Documents to the sealed cover of your bid. Arrange to have the sealed bid delivered to the Las Gallinas Valley Sanitary District offices at 300 Smith Ranch Road, California before the time and day specified on the Notice Inviting Sealed Bids. EJCDC P-200, Bid Form for Procurement Contracts. Copyright 2010 National Society of Professional Engineers, American Society of Civil Engineers, American Council of Engineering Companies, and Associated General Contractors of America. All rights reserved. MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT (JOB NO ) Page IV - 1 Page 19 of 147

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21 V. BID FORM Name of Bidder TABLE OF CONTENTS Article 1 - BID RECIPIENT...2 Article 2 - BIDDER S ACKNOWLEDGMENTS...2 Article 3 - BIDDER S REPRESENTATIONS...2 Article 4 - BIDDER S CERTIFICATIONS...3 Article 5 - BASIS OF BID...5 Article 6 - TIME OF COMPLETION...6 Article 7 - ATTACHMENTS TO THIS BID...6 Article 8 - DEFINED TERMS...6 Article 9 - BID SUBMITTAL...6 EJCDC P-200, Bid Form for Procurement Contracts. Copyright 2010 National Society of Professional Engineers, American Society of Civil Engineers, American Council of Engineering Companies, and Associated General Contractors of America. All rights reserved. MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT (JOB NO ) Page V - 1 Page 21 of 147

22 Name of Bidder ARTICLE 1 - BID RECIPIENT 1.01 This Bid is submitted to: Las Gallinas Valley Sanitary District Administration Building 300 Smith Ranch Road San Rafael, CA The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a Contract with Buyer in the form included in the Bidding Documents to furnish the Goods and Special Services as specified or indicated in the Bidding Documents, for the prices and within the times indicated in this Bid, and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 - BIDDER S ACKNOWLEDGMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Buyer. ARTICLE 3 - BIDDER S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, the related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged: Addendum No. Date: B. Bidder has visited the Point of Destination and site where the Goods are to be installed or Special Services will be provided and become familiar with and is satisfied as to the observable local conditions that may affect cost, progress, or the furnishing of Goods and Special Services, if required to do so by the Bidding Documents, or if, in Bidder s judgment, any local condition may affect cost, progress, or the furnishing of Goods and Special Services. EJCDC P-200, Bid Form for Procurement Contracts. Copyright 2010 National Society of Professional Engineers, American Society of Civil Engineers, American Council of Engineering Companies, and Associated General Contractors of America. All rights reserved. MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT (JOB NO ) Page V - 2 Page 22 of 147

23 Name of Bidder C. Bidder is familiar with and is satisfied as to all Laws and Regulations in effect as of the date of the Bid that may affect cost, progress, and the furnishing of Goods and Special Services. D. Bidder has carefully studied, considered, and correlated the information known to Bidder; information commonly known to sellers of similar goods doing business in the locality of the Point of Destination and the site where the Goods will be installed or where Special Services will be provided; information and observations obtained from Bidder s visits, if any, to the Point of Destination and the site where the Goods will be installed or Special Services will be provided; and any reports and drawings identified in the Bidding Documents regarding the Point of Destination and the site where the Goods will be installed or where Special Services will be provided, with respect to the effect of such information, observations, and documents on the cost, progress, and performance of Seller's obligations under the Bidding Documents. E. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution (if any) thereof by Engineer is acceptable to Bidder. F. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for furnishing the Goods and Special Services for which this Bid is submitted. ARTICLE 4 - BIDDER S CERTIFICATIONS 4.01 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, unfair, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D: 1. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process; EJCDC P-200, Bid Form for Procurement Contracts. Copyright 2010 National Society of Professional Engineers, American Society of Civil Engineers, American Council of Engineering Companies, and Associated General Contractors of America. All rights reserved. MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT (JOB NO ) Page V - 3 Page 23 of 147

24 Name of Bidder 2. Fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Buyer, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Buyer of the benefits of free and open competition; 3. Collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Buyer, a purpose of which is to establish bid prices at artificial, non-competitive levels; 4. Unfair practice means, among other things, to use inside information obtained from the District to gain a competitive advantage in the bid; and 5. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process. EJCDC P-200, Bid Form for Procurement Contracts. Copyright 2010 National Society of Professional Engineers, American Society of Civil Engineers, American Council of Engineering Companies, and Associated General Contractors of America. All rights reserved. MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT (JOB NO ) Page V - 4 Page 24 of 147

25 Name of Bidder ARTICLE 5 - BASIS OF BID Item Description 1. Firm price for two (2) 65 kw Integrated CHP microturbines and compatible digester conditioning skid equipment intended for wastewater treatment plant applications: $ and written: 2. Firm price for state and local sales and use tax. This price is not to be included in the equipment price above. $ 3. Firm price for start-up and training services. This price is not to be included in the equipment price above. $ 4. Firm price for preparation of submittals within 30 calendar days of receipt of Notice to Proceed. This price is not to be included in the equipment price above. $ TOTAL BASE BID (Items 1-4) In figures: $, and written: Company Name: Bidder s Name/ Position Signature/Date EJCDC P-200, Bid Form for Procurement Contracts. Copyright 2010 National Society of Professional Engineers, American Society of Civil Engineers, American Council of Engineering Companies, and Associated General Contractors of America. All rights reserved. MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT (JOB NO ) Page V - 5 Page 25 of 147

26 Name of Bidder ARTICLE 6 - TIME OF COMPLETION 6.01 Bidder agrees that the furnishing of Goods and Special Services will be as specified in the Notice Inviting Sealed Bids Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 7 - ATTACHMENTS TO THIS BID 7.01 The following documents are attached to and made a condition of this Bid: A. Bidder s security in the form of: cash, cashier s check made payable to the District, certified check made payable to the District, or a Bidder s Bond (see attached form). B. Site Visit Affidavit to be Executed by Bidder, Notarized and Submitted with Bid; C. Non-Collusion Affidavit; D. Equipment/Material Checklist for microturbines and compatible digester conditioning skid equipment; E. Required Bidder Qualification Statement with supporting data; F. See Bidder s Checklist for additional requirements. ARTICLE 8 - DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9 - BID SUBMITTAL 9.01 This Bid submitted by: If Bidder is: An Individual Name (typed or printed): By: Doing business as: Business address: (Individual s signature) EJCDC P-200, Bid Form for Procurement Contracts. Copyright 2010 National Society of Professional Engineers, American Society of Civil Engineers, American Council of Engineering Companies, and Associated General Contractors of America. All rights reserved. MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT (JOB NO ) Page V - 6 Page 26 of 147

27 Name of Bidder Phone: address: Facsimile: A Partnership Partnership Name: (SEAL) By: (Signature of general partner - attach evidence of authority to sign) Name (typed or printed): Business address: Phone: Facsimile: address: A Corporation Corporation Name: State of Incorporation: Type (General Business, Professional, Service, other): By: (Signature - attach evidence of authority to sign) Name (typed or printed): Title: Attest (CORPORATE SEAL) (Signature of Corporate Secretary) EJCDC P-200, Bid Form for Procurement Contracts. Copyright 2010 National Society of Professional Engineers, American Society of Civil Engineers, American Council of Engineering Companies, and Associated General Contractors of America. All rights reserved. MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT (JOB NO ) Page V - 7 Page 27 of 147

28 Name of Bidder Business address: Phone: Facsimile: address: A Limited Liability Company (LLC) LLC Name: State in which organized: By: (Signature - attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone: Facsimile: address: A Joint Venture First Joint Venturer Name: (SEAL) By: (Signature - attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone: Facsimile: address: Second Joint Venturer Name: (SEAL) EJCDC P-200, Bid Form for Procurement Contracts. Copyright 2010 National Society of Professional Engineers, American Society of Civil Engineers, American Council of Engineering Companies, and Associated General Contractors of America. All rights reserved. MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT (JOB NO ) Page V - 8 Page 28 of 147

29 Name of Bidder By: (Signature - attach evidence of authority to sign) Name (typed or printed): Title: Business address: Phone: Facsimile: address: Phone and Facsimile Number, and Address for receipt of official communications to Joint Venture: (Each joint venturer must sign. The manner of signing for each individual, partnership, corporation, and limited liability company that is a party to the joint venture should be in the manner indicated above.) EJCDC P-200, Bid Form for Procurement Contracts. Copyright 2010 National Society of Professional Engineers, American Society of Civil Engineers, American Council of Engineering Companies, and Associated General Contractors of America. All rights reserved. MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT (JOB NO ) Page V - 9 Page 29 of 147

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31 VI. BID BOND Name of Bidder (NOTE: Bidders must use this form, or use of any other bid bond form may render a bid non-responsive) KNOW ALL MEN BY THESE PRESENTS: That we, as PRINCIPAL, and, a (sole proprietorship /corporation/partnership/joint venture) organized and existing under and by virtue of the laws of the State of and an admitted surety insurer authorized to do business in the State of California, as SURETY, are held and firmly bound unto the Las Gallinas Valley Sanitary District, as OBLIGEE, in a penal sum equal to ten-percent (10%) the total bid price including the base bid and alternates specified in the proposal of the PRINCIPAL, to the OBLIGEE for the work described below, which penal sum is ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we, and each of us, bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the PRINCIPAL has submitted the accompanying proposal dated, to the OBLIGEE, for the WASTEWATER TREATMENT PLANT MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT. NOW THEREFORE, if the PRINCIPAL shall not withdraw said proposal within the ninety (90) day period following the opening of bids, and if the PRINCIPAL receives written notice that the WASTEWATER TREATMENT PLANT MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT, is awarded to the PRINCIPAL and shall, within fifteen (15) calendar days of receiving such notice: enter into a written contract with the OBLIGEE in the form prescribed in the Contract Documents issued by the OBLIGEE concerning the WASTEWATER TREATMENT PLANT MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT; and give insurance and bond with good and sufficient sureties guaranteeing the faithful performance and proper fulfillment of such contract and guaranteeing payment for labor and materials used for performance of the contract as required by law; and file with the OBLIGEE all required documents and do all other thing required in accordance with the Contract Documents issued by the OBLIGEE concerning the WASTEWATER TREATMENT PLANT MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT, for the contract between the PRINCIPAL and the OBLIGEE to become effective and for work to commence in accordance with the Contract Documents issued by the OBLIGEE concerning the WASTEWATER TREATMENT PLANT MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT, or, in the event of withdrawal of the accompanying proposal within the ninety (90) day period following the opening of bids; or failure by the PRINCIPAL to enter into such contract with the OBLIGEE or to give the OBLIGEE such bonds or to file any other documents or to do any other things required in the Contract Documents issued by the OBLIGEE for the WASTEWATER TREATMENT PLANT MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT, if the PRINCIPAL shall pay the OBLIGEE the difference between the total bid price in the accompanying proposal and the amount for which the OBLIGEE may procure the required performance, if the latter amount be in excess of the former, together with all costs incurred by the OBLIGEE in again attempting to let the WASTEWATER TREATMENT PLANT MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT and if the said PRINCIPAL shall fully reimburse and save harmless the OBLIGEE from any damage sustained by the OBLIGEE through failure of the PRINCIPAL to enter into the written contract or to file the required performance or labor and material bonds, or to file any other required documents or to do any other things required for the contract between the PRINCIPAL and the OBLIGEE to become effective MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT JOB NO BID BOND Page VI - 1 Page 31 of 147

32 Name of Bidder and the work to commence in accordance with the Contract Documents issued by the OBLIGEE concerning the WASTEWATER TREATMENT PLANT MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect. SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the bid or contract for the WASTEWATER TREATMENT PLANT MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT, or to the specifications included in the same, or to the work to be performed there under, or to the notice to bidders, or to any other documents concerning the WASTEWATER TREATMENT PLANT MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT, shall in anywise affect SURETY s obligation under this bond, and SURETY hereby waives notice of any such change, extension of time, alteration or addition to such bid or contract. 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 attorney s fee to be fixed by the Court. IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this day of,, 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 By (Acknowledgement) Title (Corporate Seal) SURETY By (Attorney-in-fact) (Acknowledgement) Title (NOTE TO SURETY COMPANY: A certified copy of unrevoked resolution of authority for the attorney-in-fact must be submitted with and attached to the executed bid bond.) MICROTURBINES AND DIGESTER GAS CONDITIONING SKID EQUIPMENT JOB NO BID BOND Page VI - 2 Page 32 of 147