HomeMy WebLinkAboutINSTALLATION OF THREE (3), TWO POST GABLE SHELTERS ON THE CANYON LOOP TRAIL - Specifications (Boiler Plate)1293492.1
DEPARTMENT OF PUBLIC WORKS
CITY OF DIAMOND BAR
CALIFORNIA
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
INSTALLATION OF THREE (3), TWO POST GABLE SHELTERS ON THE CANYON
LOOP TRAIL
CITY PROJECT NO. FP17500
ALL QUESTIONS REGARDING THIS PROJECT MUST BE SUBMITTED VIA THE CITY’S SECURE ONLINE
BIDDING SYSTEM (Planet Bids).
Andrew Chou, Mayor
Stan Liu, Mayor Pro Tem
Ruth M. Low, Council Member
Chia Yu Teng, Council Member
Jimmy Lin, Council Member
Steve Tye, City Manager
May 2023
1293492.1
CITY OF DIAMOND BAR
CONTRACT DOCUMENTS AND SPECIFICATIONS
INSTALLATION OF THREE (3), TWO POST GABLE SHELTERS ON THE CANYON
LOOP TRAIL
CITY PROJECT NO. FP17500
Electronic responses shall be submitted via the City’s secure
online bidding system, and will be opened electronically via the
City’s secure online bidding system (Planet Bids) as soon as the
bid closes. All bids are due by May 18, 2023 at 3:00pm.
1293492.1
TABLE OF CONTENTS
ITEMS PAGES
PART I - BIDDING AND CONTRACTUAL DOCUMENTS
NOTICE INVITING SEALED BIDS 1 - 3
INFORMATION FOR BIDDERS 4 - 13
PROPOSAL FORM 14 - 15
BID SCHEDULE 16 - 18
LIST OF SUBCONTRACTORS 19 - 20
DECLARATION OF ELIGIBILITY TO CONTRACT 21 - 22
BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE 23
CONTRACTOR INDUSTRIAL SAFETY RECORD 24
AFFIDAVIT FOR CO-PARTNERSHIP FIRM 25
AFFIDAVIT FOR CORPORATION BIDDER 26
AFFIDAVIT FOR INDIVIDUAL BIDDER 27
AFFIDAVIT FOR JOINT VENTURE 28
FAITHFUL PERFORMANCE BOND 29 - 30
LABOR AND MATERIAL BOND 31 - 32
BID BOND 33 - 34
CERTIFICATE OF NON-DISCRIMINATION
AND AFFIRMATIVE ACTION 35
CERTIFICATE WITH REGARD TO THE PERFORMANCE
OF PREVIOUS CONTRACTS AND SUBCONTRACTS 36
NON-COLLUSION AFFIDAVIT 37
CONTRACT AGREEMENT 38-43
PART II - GENERAL PROVISIONS GP-1 – GP-14
1293492.1
TABLE OF CONTENTS
(Continued)
PART III- SPECIAL PROVISIONS SP-1 – SP-9
PART IV - TECHNICAL PROVISIONS TP-1 – TP-XX
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PART V - APPENDICES
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1293492.1
PART I
BIDDING AND CONTRACTUAL
DOCUMENTS
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1293492.1
CITY OF DIAMOND BAR
NOTICE INVITING SEALED BIDS
FOR INSTALLATION OF THREE (3), TWO POST GABLE SHELTERS ON THE
CANYON LOOP TRAIL
CITY PROJECT NO. FP17500
RECEIPT OF PROPOSALS: Electronic responses shall be submitted via
the City’s secure online bidding system. All required sections of
the response must be submitted via the website. Respondent is solely
responsible for “on time” submission of their electronic response.
The Bid Management System will not accept late submittals and no
exceptions shall be made. Respondents will receive a confirmation
number with a time stamp from the Bid Management System indicating
that their response was submitted successfully. All bids are due by
May 18, 2023 at 3:00pm.
DESCRIPTION OF WORK: The work to be performed or executed under
these plans and specifications consists of and includes installation
of three (3), two post gable shelters on the Canyon Loop Trail; and
other incidental and appurtenant work necessary for the proper
construction of the contemplated improvements, as indicated on the
project plans for installation of three (3), two post gable shelters
on the Canyon Loop Trail.
COMPLETION OF WORK: All work shall be completed within twelve (12)
calendar days after the Notice to Proceed is issued by the City.
All work must be completed between September 18, 2023 and September
29, 2023. No extensions will be given.
ENGINEER'S ESTIMATE: The installation of three (3), two post gable
shelters on the Canyon Loop Trail is estimated to cost $75,000, all
in accordance with the provisions of the Plans, Specifications,
Notices and Instructions to Bidders.
OBTAINING CONTRACT DOCUMENTS: Plans and Specifications and all
contract documents may be obtained at Planet Bids
(https://www.diamondbarca.gov/712/RFP-RFQ-BID-Opportunities).
PROPOSAL GUARANTEE: Each proposal must be accompanied by cash or by
a cashier's or certified check or by a bid bond in the amount of ten
percent (10%) of the bid price payable to the City of Diamond Bar as
a guarantee that the bidder, if his proposal is accepted, will
promptly execute the contract, secure payment of Workmen's
Compensation Insurance, furnish a satisfactory Faithful Performance
Bond in the amount of one hundred percent (100%) of the total bid
price, and a Labor and Material Bond in an amount not less than one
hundred percent (100%) of the contract price. Said bonds to be
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secured from a surety company authorized to do business in the State
of California, and subject to the approval of the City Attorney.
MINIMUM QUALIFICATIONS OF BIDDERS: Prospective bidders should
examine the minimum qualifications found in number 15 of the
“Information for Bidders” section, pages 4 through 8. Bidders who do
not meet the minimum qualifications should not submit a bid, as the
bids will be considered nonresponsive.
PREVAILING WAGE RATE: As required by the California Labor Code,
Section 1770 et seq. the City Council of the City of Diamond Bar
incorporates herein by reference the general prevailing rate of per
diem wages as determined by the Director of Industrial Relations of
the State of California. Copies of the prevailing rate of per diem
wages are on file in the office of the City Clerk and will be made
available to any interested party upon request. In accordance with
the Labor Code, no workman employed upon work under this contract
shall be paid less than the above referenced prevailing wage rate.
A copy of said rates shall be posted at each job site during the
course of construction.
CONTRACTOR shall forfeit, as penalty to CITY, not more than two
hundred dollars ($200.00) for each laborer, workman or mechanic
employed for each calendar day or portion thereof, if such laborer,
workman or mechanic is paid less than the general prevailing rate of
wages hereinbefore stipulated for any work done under this AGREEMENT,
by him or by any subcontractor under him.
Any classification omitted herein shall be paid not less than the
prevailing wage scale as established for similar work in the
particular area, and all overtime shall be paid at the prevailing
rates as established for the particular area. Sunday and holiday
time shall be paid at the wage rates determined by the Director of
Industrial Relations.
CONTRACTOR and any of its subcontractors must be registered with the
Department of Industrial Relations pursuant to Labor Code section
1725.5, which precludes the award of a contract for a public work on
any public works project awarded after April 1, 2015. This Agreement
is subject to compliance monitoring and enforcement by the Department
of Industrial Relations.
PAYMENT: Payment will be made to the Contractor in accordance with
the Specifications.
CITY'S RIGHTS RESERVED: The City of Diamond Bar reserves the right
to reject any and all proposals or bids, should it deem this
necessary for the public good, and also the bid of the bidder who
has been delinquent or unfaithful in any former contract with the
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City of Diamond Bar. No bidder may withdraw his bid for a period of
thirty (30) days after the date of the bid opening.
BID AWARD: Subject to the reservations noted above, the contract
will be awarded to the lowest responsible bidder.
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INFORMATION FOR BIDDERS
1. PREPARATION OF BID FORM: The City invites bids on the form
attached to be submitted at such time and place as is stated in
the Notice Inviting Sealed Bids. All bids should be made in
accordance with the provisions of the Standard Specifications
for Public Works Construction, Latest Edition (with all
supplements). All blanks on the bid form must be appropriately
filled in. All bids shall be submitted via the City’s secure
online bidding system. It is the sole responsibility of the
bidder to see that the bid is received in the proper time. Any
bid received after the scheduled closing time for receipt of
bids will be returned to the bidder unopened.
2. PROPOSAL GUARANTEE: Each proposal shall be accompanied by cash
or by a cashier's or certified check or by a bid bond in the
amount of not less than ten percent (10%) of the amount named
in the proposal. Said check or bond shall be made payable to
the City Clerk of the City of Diamond Bar and shall be given as
a guarantee that the bidder, if awarded the work, will enter
into a contract within ten (10) days after written notice of
the award and will furnish the necessary bonds as hereinafter
provided. In case of refusal or failure to enter said contract,
the check or bond, as the case may be, shall be forfeited to
the City. No bidder's bond will be accepted unless it conforms
substantially to the form furnished by the City, which is bound
herein, and is properly filled out and executed.
3. SIGNATURE: The bid must be signed in the name of the bidder
and must bear the signature in longhand of the person or persons
duly authorized to sign the bid on behalf of the bidder.
4. MODIFICATIONS: Changes in or addition to the bid form,
recapitulations of the work bid upon, alternative proposals or
any other modifications of the bid form which is not
specifically called for in the contract documents may result in
the Owner's rejection of the bid as not being responsive to the
invitation to bid. No oral or telephonic modification of any
bid submitted will be considered. The bid submitted must not
contain any erasures, interlineation, or other corrections
unless each such correction is suitably authenticated by
affixing in the margin immediately opposite the correction the
surname or surnames of the person or persons signing the bid.
5. DISCREPANCIES IN THE PROPOSALS: In case of discrepancy between
words and figures, the words shall prevail. If the amounts bid
on individual items (if called for) do not in fact add to the
total amount shown by the bidder, the correctly added total of
the individual items shall prevail over the total figure shown.
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The estimated quantities and amounts are for the purpose of
comparison of bids only. The City Council of the City of
Diamond Bar reserves the right to reject any or all bids and to
waive any irregularity or informality in any bid to the extent
permitted by law.
6. BIDDER'S EXAMINATION OF SITE: Each bidder shall examine
carefully the site of the proposed work and the contract
documents therefore. It will be assumed that the bidder has
investigated and is satisfied as to the conditions to be
encountered as to the character, quality, and quantity of
materials to be furnished, and as to the requirements of the
contract, specifications and drawings. The name of the
individual who examined the site of the work and the date of
such examination shall be stated in the proposal.
By submitting a bid, the bidder will be held to have personally
examined the site and the drawings, to have carefully read the
specifications, and to have satisfied himself as to his ability
to meet all the difficulties attending the execution of the
proposed contract before the delivery of his proposal, and
agrees that if he is awarded the contract, he will make no claim
against the City of Diamond Bar based on ignorance or
misunderstanding of the contract provisions.
7. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid either
personally, by written request, or by telegraphic request
confirmed in the manner specified above at any time prior to
the scheduled closing time for receipt of bids.
8. INSURANCE AND BONDS: The Contractor shall not commence work
under this contract until he has secured all insurance and bonds
required under this section nor shall he allow any subcontractor
to commence work on this subcontract until all similar insurance
issued in compliance with this section shall be issued in the
form, and be an insurer of the insurers, satisfactory to and
first approved by the City in writing. Certificates of
Insurance in the amounts required shall be furnished by the
Contractor to the City prior to the commencement of work.
The Contractor shall maintain adequate Workmen's Compensation
Insurance under the laws of the State of California for all
labor employed by him or by any subcontractor under him who may
come within the protection of such Workmen's Compensation
Insurance laws.
The Contractor shall maintain public liability insurance to
protect said Contractor and the City against loss from liability
imposed by law, for damages on account of bodily injury,
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including death resulting therefrom, suffered or alleged to
have been suffered by any person or persons, other than
employees, resulting directly or indirectly from the
performance or execution of this contract or any subcontract
thereunder, and also to protect said Contractor and the City
against loss from liability imposed by law, for damage to any
property. Damage insurance shall be maintained by the
Contractor in full force and effect during the entire period of
performance under this contract, in the amount of not less than
$2,000,000 for one person injured in the accident and in the
amount of not less than $2,000,000 for more than one person
injured in one accident and in the amount of not less than
$1,000,000 with respect to any property damage aforesaid.
The Contractor shall secure with a responsible corporate
surety, or corporate sureties, satisfactory bonds conditioned
upon faithful performance by the Contractor of all requirements
under the contract and upon the payment of claims of materials,
men and laborers thereunder. The Faithful Performance Bond
shall be in the sum of not less than one hundred percent (100%)
of the estimated aggregate amount of the payment to be made
under the contract computed on the basis of the prices stated
in the proposal. The Labor and Material Bond shall be in the
sum of not less than one hundred percent (100%) of the estimated
aggregate amount of the payments to be made under the contract
computed on the basis of the prices stated in the proposal.
9. INTERPRETATION OF PLANS AND DOCUMENTS: If any person
contemplating submitting a bid for proposed contract is in doubt
as to the true meaning of any part of the drawings,
specifications, or other contract documents, or finds
discrepancies in, or omissions from the drawings and
specifications, he may submit to the City a written request for
an interpretation or correction thereof. The person submitting
the request will be responsible for its prompt delivery. Any
interpretation or correction of the contract documents will be
made only by Addendum duly issued and a copy of such addendum
will be mailed or delivered to each person receiving a set of
the contract document. No person is authorized to make any
oral interpretation of any provision in the contract documents
to any bidder, and no bidder is authorized to rely on any such
unauthorized oral interpretation.
10. DISQUALIFICATION OF BIDDERS: More than one proposal from an
individual, firm partnership, corporation, or association under
the same or different names, will not be considered. Reasonable
grounds for believing that any bidder is interested in more
than one proposal for the work contemplated will cause the
rejection of all proposals in which such bidder is interested.
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If there is reason for believing that collusion exists among
the bidders, all bids will be rejected and none of the
participants in such collusion will be considered in future
proposals.
No award will be made to any bidder who cannot give satisfactory
assurance as to his ability to carry out the Contract, both
from his financial rating and by reason of his previous
experience as a Contractor on work of the nature contemplated
in the Contract. The bidder may be required to submit his
record of work of similar nature to that proposed under these
specifications, and unfamiliarity with the type of work may be
sufficient cause for rejection of the bid.
11. INELIGIBLE SUBCONTRACTORS: The successful bidder shall be
prohibited from performing work on this project with a
subcontractor who is ineligible to perform work on the project
pursuant to Section 1777.1 or 1777.7 of the Labor Code.
12. AWARD OF CONTRACT: No proposal will be considered from a
Contractor who is not licensed as a Class B, C-61 / D-34
contractor at time of award in accordance with the provisions
of the Contractor’s License Law (California Business and
Professions Code, Section 7000 et seq.) and rules and
regulations adopted pursuant thereto or to whom a proposal form
has not been issued by the City of Diamond Bar. The City may
award the Contract to the lowest responsible bidder on the total
base bid. Bids will be compared on the basis of the lowest
possible cost relative to the alternate or alternates selected
and the Contract, if awarded, will be awarded to a responsible
bidder whose proposal complies with the requirements of these
specifications. The award, if made, will be made within ninety
(90) calendar days after the opening of the proposals; provided
that the award may be made after said period of the successful
bidder shall not have given the City written notice of the
withdrawal of his bid.
A contractor or subcontractor shall not be qualified to bid on,
be listed in a bid proposal, subject to the requirements of
Public Contract Code §4104, or engage in the performance of any
contract for public work, as defined in the Public Contract
Code, unless currently registered and qualified to perform
public work pursuant to Section 1725.5. It is not a violation
of Labor Code §1771.1 for an unregistered contractor to submit
a bid that is authorized by Business and Professions Code §
7029.1 or by Public Contract Code §§ 10164 and 20103.5, provided
the contractor is registered to perform public work pursuant to
Labor Code § 1725.5 at the time the contract is awarded.
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This project is subject to compliance monitoring and
enforcement by the Department of Industrial Relations.
The prime contractor is required to post job sits as prescribed
by regulation pursuant to Labor Code § 1771.4 and all
contractors must secure the payment of compensation to its
employees pursuant to Labor Code § 1869.
13. ALTERNATES: If alternate bids are called for, the Contract may
be awarded at the election of the governing board to the lowest
responsible bidder on the base bid, or on the base bid and any
specified alternate(s).
14. COMPETENCY OF BIDDERS: In selecting the lowest responsible
bidder, consideration will be given not only to the financial
standing but also to the general competency of the bidder
including qualifications, references, proper licensing,
adequate workforce and experience for the performance of the
work covered by the proposal.
15. QUALIFICATION OF BIDDERS: Each bidder shall be skilled and
regularly engaged in the general class or type of work called
for under the contract. A statement setting forth his/her
experience shall be submitted by each bidder on the EXPERIENCE
STATEMENT form provided.
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EXPERIENCE STATEMENT
To be responsive, the bidder must list below a minimum of three public
agencies for which bidder has performed similar work within the past five
years. Only projects in excess of $50,000 each qualify as similar for this
project.
1. Project Title
Contract Amount
Type of Work
Client
Agency Project Manager Phone
Date Completed % Subcontracted
2. Project Title
Contract Amount
Type of Work
Client
Agency Project Manager Phone
Date Completed % Subcontracted
3. Project Title
Contract Amount
Type of Work
Client
Agency Project Manager Phone
Date Completed % Subcontracted
NOTE: If requested by the City, the bidder shall furnish a certified
financial statement, references, and other information sufficiently
comprehensive to permit an appraisal of his current financial condition.
Bidder's Signature
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Each bidder shall possess a valid Contractor's License
issued by the Contractor's State License Board at the time
his/her bid is submitted. The class of license shall be
applicable to the work specified in the contract. Each
bidder shall also have no less than five (5) years of
experience in the magnitude and character of the work bid.
Bidder Qualifications called for to be submitted at time
of bid include, but are not necessarily limited to:
1. The Contractor shall have been in business under the
same name and California Contractors License for a minimum
of five (5) continuous years prior to the bid opening date
for this Project. The license used to satisfy this
requirement shall be of same type required by the contract.
2. License classification shall be as required by the
contract specifications.
3. The Contractor shall have five (5) years of experience
in the application of Polymer Modified Asphaltic Emulsion
Chip Seal.
4. The Contractor shall perform at least 50% of contract
with its own forces.
16. LISTING SUBCONTRACTORS: Each bidder shall submit a list of the
proposed subcontractors on this project as required by the
Subletting and Subcontracting Fair Practices Act (Government
Code Section 4100 and following). Forms for this purpose are
furnished with the contract documents. The name and location
of business of any subcontractor who will perform work exceeding
1/2 of 1% of the prime contractor's total bid or ten thousand
dollars ($10,000.00), whichever is greater, must be submitted
with the bid. Any other information regarding the foregoing
subcontractors that is required by City to be submitted may be
submitted with the bid, or may be submitted to City up to 24
hours after the deadline established herein for receipt of bids.
The additional information must be submitted by the bidder to
the same address and in the same form applicable to the initial
submission of bid.
17. WORKER'S COMPENSATION: In accordance with the provisions of
Section 3700 of the Labor Code, the Contractor shall secure the
payment of compensation to his employees. The Contractor shall
sign and file with the City the following certificate prior to
performing the work under this contract: "I am aware of the
provisions of Section 3700 of the Labor Code which require
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compensation or to undertake self-insurance in accordance with
the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of
this contract." The form of such certificate is included as
part of the contract documents.
18. BID DEPOSIT RETURN: Deposits of three or more low bidders, the
number being at the discretion of the City, will be held for
ninety (90) days or until posting by the successful bidder of
the Bonds required and return of executed copies of the
Agreement, whichever first occurs, at which time the deposits
will be returned after consideration of the bids.
19. EXECUTION OF CONTRACT: The bidder to whom award is made shall
execute a written contract with the City on the agreement form
provided, and shall secure all insurance and bonds as herein
provided within ten (10) days from the date of written notice
of the award. Failure or refusal to enter into a contract as
herein provided, or to conform to any of the stipulated
requirements in connection therewith shall be just cause for
the annulment of the award and the forfeiture of the proposal
guarantee.
If the successful bidder refuses or fails to execute the
Contract, the City may award the Contract to the next lowest
responsible bidder or re-advertise. On the failure or refusal
of the lowest responsible bidder or next lowest responsible
bidder to execute the Contract, such bidder's guarantees shall
be likewise forfeited to the City.
20. "OR EQUAL": Pursuant to Division 5, Chapter 4, Article 4
(commencing at #4380) Government Code, all specifications shall
be deemed to include the words "or equal", provided however
that permissible exceptions hereto shall be specifically noted
in the specifications.
21. EMPLOYMENT OF APPRENTICES: The Contractor, and all
subcontractors, shall comply with the provisions in Sections
1777.5, (Chapter 1411, Statutes of 1968), and 1777.6 of the
California Labor Code concerning the employment of apprentices.
The Contractor and any subcontractor under him shall comply
with the requirements of said sections in the employment of
apprentices; however, the Contractor shall have full
responsibility for compliance with said Labor Code section, for
all apprenticeable occupations, regardless of any other
contractual or employment relationships alleged to exist. In
addition to the above State Labor Code Requirements regarding
the employment of apprentices and trainees, the Contractor and
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all subcontractors shall comply with Section 5 a. 3, Title 29
of the Code of Federal Regulations (29CFR).
22. EVIDENCE OF RESPONSIBILITY: Upon the request of the City, a
bidder whose bid is under consideration for the award of the
Contract shall submit promptly to the City satisfactory
evidence showing the bidder's financial resources, his
construction experience, and his organization and plant
facilities available for the performance of the contract.
23. WAGE RATES: The Contractor and/or subcontractor shall pay wages
as indicated in the "Notice Inviting Sealed Bids" section of
these specifications. The Contractor shall forfeit as penalty
to the City of Diamond Bar, two hundred dollars ($200.00) for
laborers, workmen, or mechanics employed for each calendar day,
or portion thereof, if such laborer, workman or mechanic
employed is paid less than the general prevailing rate of wages
herein referred to and stipulated for any work done under the
proposed contract, by him, or by any subcontractor under him,
in violation of the provisions of Labor Code, and in particular,
Sections 1770 to 1781 inclusive. Copies of all collective
bargaining agreements relating to the work as set forth in the
aforementioned Labor Code are on file with the Department of
Industrial Relations, Division of Labor Statistics and
Research.
24. PERMITS, FEES AND LICENSES: The Contractor shall possess a
valid business license prior to the issuance of the first
payment made under this Contract. Any work required within
Caltrans right-of-way will require a separate permit to be
obtained by the Contractor.
25. TIME OF COMPLETION AND LIQUIDATED DAMAGES: Bidder must agree
to commence work on or before the date of written "Notice to
Proceed" of the City and to fully complete the project within
Twelve (12) calendar days thereafter. Bidder must agree also
to pay as liquidated damages, the sum of five hundred dollars
($5,000.00) for each calendar day thereafter.
26. CLAIMS FILING AND PROCESSING: The City and Bidder agree to
attempt to orally resolve any disputes which may give rise to
a claim (hereafter, "Claim") that falls within the definition
of Public Contract Code section 9204 (hereafter, "Section
9204"). If these efforts are unsuccessful, the City and Bidder
shall process the Claim in accordance with Section 9204. In
summary, if the Bidder decides to submit a Claim to the City,
it shall be sent by registered or certified mail, return receipt
requested, together with reasonable documentation to support
the Claim. A Claim may include a Claim by a subcontractor or
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a lower tier subcontractor meeting the requirements of Section
9204(d)(5). Within 45 days of receipt of the Claim, or any
extension thereof agreed upon by the City and the Bidder, the
City will conduct a reasonable review of the Claim and provide
the Bidder with a written statement identifying what portion of
the Claim is disputed and what portion is undisputed. Payment
of any undisputed portion of the Claim shall be made within 60
days after the City issues its written statement. If the City
does not provide a written statement within the time specified,
the Claim shall be deemed rejected.
If the Bidder disputes the City's written statement or if the
Claim is deemed rejected, the Bidder may demand in writing by
registered or certified mail to the City, return receipt
requested, an informal conference to meet and confer in an
effort to settle the disputed portion of any Claim. Within 30
days of receipt of such written demand, the City shall schedule
a meet and confer conference.
If any portion of the Claim remains in dispute after the
conference, the City shall, within 10 City business days of the
conclusion of the conference, provide the Bidder with a written
statement identifying any portion that remains in dispute and
any portion that is undisputed. Payment of any undisputed
portion shall be made within 60 days after the City issues its
written statement. Any remaining disputed portion shall be
submitted to nonbinding mediation in accordance with Section
9204(c)(2)(B), unless the Bidder and City waive the mediation
upon mutual written agreement.
27. CONFLICT OF INTEREST: In the procurement of supplies,
equipment, construction and services by sub-recipients, the
conflict of interest provisions in (State LCA-24 CFR 85.36 and
Non-Profit Organizations – 24 CFR 84.4), OMB Circular A-110,
and 24 CFR 570.611, respectively, shall apply. No employee,
officer or agent of the sub-recipient shall participate in
selection or in award of administration of a contract supported
by Federal funds if a conflict of interest, real or apparent,
would be involved.
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BIDDER'S PROPOSAL
CITY OF DIAMOND BAR
INSTALLATION OF THREE (3), TWO POST GABLE SHELTERS ON THE CANYON LOOP
TRAIL
CITY PROJECT NO. FP17500
Date , 20
To the City Council of the City of Diamond Bar:
The Undersigned hereby declares:
(a) That the only persons or parties interested in this proposal as
principals are the following:
(If the bidder is a corporation, give the name of the corporation
and the name of its president, secretary, treasurer, and manager.
If a co-partnership, give the name, under which the co-partnership
does business, and the names and addresses of all co-partners. If
an individual, state the name under which the contract is to be
drawn.)
(b) That this proposal is made without collusion with any person, firm
or corporation.
(c) That he has carefully examined the location of the proposed work
and has familiarized himself with all of the physical and climatic
conditions, and makes this bid solely upon his own knowledge.
(d) That by submitting this Bidder's Proposal, he acknowledges receipt
and knowledge of the contents of those communications sent by the
City of Diamond Bar to him at the address furnished by him to the
City of Diamond Bar when this proposal form was obtained.
(e) That he has carefully examined the specifications, both general
and detail, and the drawings attached hereto, and communications
sent to him as aforesaid, and makes this proposal in accordance
therewith.
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(f) That, if this bid is accepted, he will enter into a written
contract for the performance of the proposed work with the City of
Diamond Bar.
(g) That he proposes to enter into such Contract and to accept in full
payment for the work actually done thereunder the prices shown in
the attached schedule. It is understood and agreed that the
quantities set forth are estimates and that the unit prices will
apply to the actual quantities whatever they may be.
Accompanying this proposal is a certified or cashier's check or
bidder's bond, payable to the order of the City of Diamond Bar in
the sum of
DOLLARS ($ ).
Said bidder's bond has been duly executed by the undersigned bidder and
by a financially sound surety company authorized to transact business
in this state.
It is understood and agreed that should the bidder fail within ten
(10) days after award of contract to enter into the contract and furnish
acceptable surety bonds, then the proceeds of said check, or bidder's
bond, shall become the property of the City of Diamond Bar; but if this
Contract is entered into and said bonds are furnished, or if the bid is
not accepted then said check shall be returned to the undersigned, or
the bidder will be released from the bidder's bond.
Address of Bidder Telephone of Bidder
City Zip Code Signature of Bidder
16
1293492.1
BID SCHEDULE
CITY OF DIAMOND BAR
CONTRACT DOCUMENTS AND SPECIFICATIONS
INSTALLATION OF THREE (3), TWO POST GABLE SHELTERS ON THE CANYON LOOP
TRAIL
CITY PROJECT NO. FP17500
ITEM
NO.
ESTIMATED
QUANTITY UNIT
DESCRIPTION
WRITTEN IN WORDS
UNIT
PRICE AMOUNT
1 1 1
INSTALLATION OF THREE (3),
TWO POST GABLE SHELTERS ON
THE CANYON LOOP TRAIL
MANDATORY BID SCHEDULE ITEMS:
TOTAL AMOUNT BID (IN FIGURES)
TOTAL AMOUNT BID, SCHEDULE (WRITTEN IN WORDS):
Bid Schedule Note: Bid Price indicated refers to all items illustrated
on the plans and details, and delineated within the specifications
installed and completely in place with all applicable portions of the
construction documents and include all costs connected with such items
including, but to necessarily limited to, materials, transportation,
taxes, insurance, labor, overhead, and profit, for General Contractor
and Subcontractors.
All work called for on the construction documents are to provide a
completed project with all systems operating properly and ready for
use.
Award will be based on the items of Bid Schedule. Therefore, Contractor
shall completely fill out Bid Schedule.
Accompanying this proposal is
(Insert "$ cash",
"cashier's check", "certified check", or "bidder's bond" as
the case may be) in the amount equal to at least ten percent
(10%) of the total bid.
The undersigned further agrees that in case of default in
executing the required contract, with necessary bond, within
17
1293492.1
ten (10) days, not including Sundays and legal holidays, after
having received notice that the Contract has been awarded and
ready for signature, the proceeds of the security
accompanying his bid shall become the property of the City of
Diamond Bar, and this proposal and the acceptance thereof may
be considered null and void.
NAME OF BIDDER (PRINT) SIGNATURE DATE
ADDRESS
CITY ZIP CODE TELEPHONE
STATE CONTRACTOR LICENSE NO. AND CLASSIFICATION
I declare under penalty of Perjury of the laws of the State of California
that the representations made herein are true and correct in accordance
with the requirements of California Business and Professional Code
Section 7028.15.
CONTRACTOR SIGNATURE OR AUTHORIZED OFFICER
18
1293492.1
LIST OF SUBCONTRACTORS *
BID OPENING DATE
PROJECT INSTALLATION OF THREE (3), TWO POST GABLE SHELTERS ON THE CANYON
LOOP TRAIL PROJECT NO. FP17500
LOCATION
CLIENT
CONTRACTOR
Name Under
Which
Subcontractor
is
Licensed
License
No.
Address
of
Office, Mail,
or
Shop
Percent
of
Total
Contract
Specific
Description
of
Subcontract
* In compliance with the provisions of the Public Contract Code
Section 4104, the undersigned bidder herewith sets forth the name,
19
1293492.1
location of the place of business, and California contractor
license of each Subcontractor – who will perform work or labor or
render service to the Prime Contractor, specially fabricates and
installs a portion of the work or improvement necessary to complete
construction contained in the plans and specifications, in an
amount in excess of one-half (1/2) of one percent (1%) of the
General Contractor’s total base bid amount or, in the case of bids
or offers for the construction of streets or highways, including
bridges in excess of one-half of 1 percent (0.5%)of the Prime
Contractor’s total base bid or ten thousand ($10,000.00),
whichever is greater, and the portion of the work which will be
done by each Subcontractor.
20
1293492.1
DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code Section 1777.1; Public Contract Code Section 6109]
The undersigned, a duly authorized representative of the contractor,
certifies and declares that:
1. The contractor is aware of Sections 1777.1 and 1777.7 of the
California Labor Code, which prohibit a contractor or
subcontractor who has been found by the Labor Commissioner or the
Director of Industrial Relations to be in violation of certain
provisions of the Labor Code, from bidding on, being awarded, or
performing work as a subcontractor on a public works project for
specified periods of time.
2. The contractor is not ineligible to bid on, be awarded or perform
work as a subcontractor on a public works project by virtue of the
foregoing provisions of Sections 1777.1 or 1777.7 of the California
Labor Code or another provision of law.
3. The contractor is aware of California Public Contract Code Section
6109, which states:
(a) A public entity, as defined in Section 1100 [of the
Public Contract Code], may not permit a contractor or
subcontractor who is ineligible to bid or work on, or be
awarded, a public works project pursuant to Section 1777.1 or
1777.7 of the Labor Code to bid on, be awarded, or perform
work as a subcontractor on, a public works project. Every
public works project shall contain a provision prohibiting a
contractor from performing work on a public works project
with a subcontractor who is ineligible to perform work on the
public works project pursuant to Section 1777.1 or 1777.7 of
the Labor Code.
(b) Any contract on a public works project entered into
between a contractor and a debarred subcontractor is void as
a matter of law. A debarred subcontractor may not receive
any public money for performing work as a subcontractor on a
public works contract, and any public money that may have
been paid to a debarred subcontractor by a contractor on the
project shall be returned to the awarding body. The
contractor shall be responsible for the payment of wages to
workers of a debarred subcontractor who has been allowed to
work on the project.
4. The contractor has investigated the eligibility of each and every
subcontractor the contractor intends to use on this public works
21
1293492.1
project, and determined that none of them is ineligible to perform
work as a subcontractor on a public works project by virtue of the
foregoing provisions of the Public Contract Code Sections 1777.1
or 1777.7 of the Labor Code, or any other provision of law.
I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct. Executed this day
of ________________, 201_, at ___________________ (place of execution).
Signature
Name:
Title:
Name of Contractor:
_____________________________
22
1293492.1
BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
In accordance with Government Code Section 14310.5 and in conformance
with Public Contract Code Section 10162, the Bidder shall complete,
under penalty of perjury, the following questionnaire:
QUESTIONNAIRE
Has the Bidder, any officer, principal or employee of the Bidder who
has a proprietary interest in the business of the Bidder, ever been
disqualified, removed, or otherwise prevented from bidding on or
completing a federal, state or local government project because of
violation of law or a safety regulation?
YES NO
If the answer is yes, explain the circumstances in the following space:
STATEMENT
In conformance with Public Contract Code Section 10232, the Contractor,
hereby states under penalty of perjury, that no more than on final
unappealable finding of contempt of court by a federal court has been
issued against the Contractor within the immediately preceding two-year
period because of the Contractor’s failure to comply with an order of
a federal court which orders the Contractor to comply with an order of
the National Labor Relations Board.
NOTE: The above Statement and Questionnaire are part of the
Proposal. Signing this Proposal on the signature portion
thereof shall also constitute signature of this Statement and
Questionnaire.
Bidders are cautioned that making a false certification may
subject the certifier to criminal prosecution.
23
1293492.1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
Project Identification
Bid Date
This information must include all construction work undertaken in the
State of California by the bidder and any partnership, joint venture or
corporation that any principal of the bidder participated in as a
principal or owner for the last five calendar years and the current
calendar year prior to the date of bid submittal. Separate information
shall be submitted for each particular partnership, joint venture,
corporation or individual bidder. The bidder may attach any additional
information or explanation of data, which he would like, taken into
consideration in evaluating the safety record. An explanation must be
attached of the circumstances surrounding any and all fatalities.
ITEM 5 CALENDAR YEARS
PRIOR TO CURRENT YEAR
CURRENT
YEAR
2018 2019 2020 2021 2022 TOTAL
No. of Contracts
Total dollar amount of
contracts (in 1,000’s)
No. of lost workday
cases
No. of lost work day
cases
involving permanent
transfer to
another job or
termination of
employment
No. of lost workdays
*The information required for this item is the same as required for
columns 3 to 6, Code 10, Occupational Injuries, Summary - Occupational
Injuries and Illnesses, OSHA No. 102.
The above information was compiled from the records that are available
to me at this time and I declare under penalty of perjury that the
information is true and accurate within the limitations of these
records.
______________________________ ________________________________
Name of Bidder (Print Signature
______________________________ ________________________________
Address State Contractor’s Lic. No. & Class
______________________________ ________________________________
City Zip Code Telephone
24
1293492.1
AFFIDAVIT FOR CO-PARTNERSHIP FIRM
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
, being first duly
sworn, deposes and says:
That he is a member of the co-partnership firm designated as
which is the party making the foregoing proposal or bid; that such bid
is genuine and not collusive or sham; that said bidder has not colluded,
conspired, connived or agreed, directly or indirectly, with any other
bidder or person to put in a sham bid or that such other person shall
refrain from bidding; and has not in any manner sought by collusion to
secure any advantage against the City of Diamond Bar or any person
interested in the proposed contract, for himself or for any other
person.
That he has been and is duly vested with authority to make and sign
instruments for the co-partnership by
who constitute the other members of the co-partnership.
Signature
Subscribed and sworn
to before me this
day of , 20
Signature of Officer Administering Oath
(Notary Public)
25
1293492.1
AFFIDAVIT FOR CORPORATION BIDDER
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
, being first
duly sworn, deposes and says:
That he is
of,
a corporation which is the party making the foregoing proposal or bid;
that such bid is genuine and not collusive or sham; that said bidder
has not colluded, conspired, connived or agreed, directly or indirectly,
with any other bidder or person to put in a sham bid or that such other
person shall refrain from bidding; and has not in any manner sought by
collusion to secure any advantage against the City of Diamond Bar or
any person interested in the proposed contract, for himself or for any
other person.
Signature
Subscribed and sworn
to before me this
day of , 20
Signature of Officer Administering Oath
(Notary Public)
26
1293492.1
AFFIDAVIT FOR INDIVIDUAL BIDDER
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
, being first
duly sworn, deposes and says:
That he is the party making the foregoing proposal or bid; that
such bid is genuine and not collusive or sham; that said bidder has not
colluded, conspired, connived or agreed, directly or indirectly, with
any other bidder or person to put in a sham bid or that such other
person shall refrain from bidding; and has not in any manner sought by
collusion to secure any advantage against the City of Diamond Bar or
any person interested in the proposed contract, for himself or for any
other person.
Signature
Subscribed and sworn
to before me this
day of , 20
Signature of Officer Administering Oath
(Notary Public)
27
1293492.1
AFFIDAVIT FOR JOINT VENTURE
STATE OF CALIFORNIA )
)SS
COUNTY OF LOS ANGELES )
, being first
duly sworn, deposes and says:
That he
of,
one of the parties submitting the foregoing bid as a joint venture and
that he has been and is duly vested with the authority to make and sign
instruments for and on behalf of the parties making said bid who are:
;
that such bid is genuine and not collusive or sham; that said bidder
has not colluded, conspired, connived or agreed, directly or indirectly,
with any other bidder or person to put in a sham bid or that such other
person shall refrain from bidding; and has not in any manner sought by
collusion to secure any advantage against the City of Diamond Bar or
any person interested in the proposed contract, for himself or for any
other person.
Signature
Subscribed and sworn
to before me this
day of , 20
Signature of Officer Administering Oath
(Notary Public)
BOND No.________________
28
1293492.1
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that, WHEREAS the City of Diamond
Bar ("City"), has awarded to
(Name and address of Contractor)
("Principal"), a contract (the "Contract") for the work described as
follows:
WHEREAS, Principal is required under the terms of the Contract to
furnish a bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State
of California, as Surety, are held and firmly bound unto City in the
penal sum of
Dollars ($______________), this amount being not less than the total
contract price, in lawful money of the United States of America, for
the payment of which sum well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors, and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded
Principal, his, her, or its, heirs, executors, administrators,
successors or assigns, shall in all things stand to and abide by, and
covenants, conditions and agreements in the Contract and any alteration
thereof made as therein provided, on the Principal's part to be kept
and performed, all within the time and in the manner therein specified,
and in all respects according to their true intent and meaning, and
shall indemnify and hold harmless City, its officers, agents, and others
as therein provided, then this obligation shall become null and void;
otherwise, it shall be and remain in full force and effect.
29
1293492.1
In case suit is brought upon this bond, Surety further agrees to pay
all court costs and reasonable attorneys' fees in an amount fixed by
the court.
FURTHER, the Surety, for value received hereby stipulates and agrees
that no change, extension of time, alteration, addition or modification
to the terms of the Contract, or of the work to be performed thereunder,
or the specifications for the same, shall in any way affect its
obligations under this bond, and it does hereby waive notice of any
such change, extension of time, alteration, addition, or modification
to the terms of the Contract or to the work or to the specifications
thereunder. Surety hereby waives the provisions of California Civil
Code §§ 2845 and 2849. The City is the principal beneficiary of this
bond and has rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument,
each of which shall for all purposes be deemed an original hereof, have
been duly executed by Principal and Surety, on the date set forth below,
the name of each corporate party being hereto affixed and these presents
duly signed by its undersigned representative(s) pursuant to authority
of its governing body.
Dated:__________________
"Principal" "Surety"
______________________________ _______________________________
______________________________ _______________________________
By:___________________________ By:____________________________
Its Its
By:___________________________ By:____________________________
Its Its
Note: This bond must be dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney-in-
fact must be attached.
(Seal) (Seal)
APPROVED AS TO SURETY AND
PRINCIPAL AMOUNT
By:___________________________
Insurance Administrator
BOND No.________________
30
1293492.1
PAYMENT BOND
(LABOR AND MATERIAL)
KNOW ALL PERSONS BY THESE PRESENTS that, WHEREAS the City of Diamond
Bar ("City"), has awarded to
(Name and address of Contractor)
("Principal"), a contract (the "Contract") for the work described as
follows:
WHEREAS, Principal is required under the terms of the Contract and the
California Civil Code to secure the payment of claims of laborers,
mechanics, materialmen, and other persons as provided by law.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State
of California, as Surety, are held and firmly bound unto City in the
penal sum of
Dollars($________________),
this amount being not less than one hundred (100%) of the total contract
price, in lawful money of the United States of America, for the payment
of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and
severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded
Principal, his, her or its heirs, executors, administrators,
successors, or assigns, or subcontractors shall fail to pay any of the
persons named in Section 3181 of the California Civil Code, or any
amounts due under the Unemployment Insurance Code with respect to work
or labor performed under the Contract, or for any amounts required to
be deducted, withheld, and paid over to the Employment Development
Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance
Code, with respect to work or labor performed under the Contract, the
Surety will pay for the same in an amount not exceeding the penal sum
specified in this bond; otherwise, this obligation shall become null
and void. This bond shall insure to the benefit of any of their persons
named in Section 3181 of the California Civil Code so as to give a right
of action to such persons or their assigns in any suit brought upon the
bond. In case suit is brought upon this bond, Surety further agrees to
31
1293492.1
pay all court costs and reasonable attorneys' fees in an amount fixed
by the court.
FURTHER, the Surety, for value received, hereby stipulates and agrees
that no change, extension of time, alteration, addition, or modification
to the terms of the Contract or of the work to be performed thereunder,
or the specifications for the same, shall in any way affect its
obligations under this bond, and it does hereby waive notice of any
such change, extension of time, alteration, addition, or modification
to the terms of the Contract or to the work or to the specifications
thereunder. Surety hereby waives the provisions of California Civil
Code §§ 2845 and 2849.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument,
each of which shall for all purposes be deemed an original hereof, have
been duly executed by Principal and Surety, on the date set forth below,
the name of each corporate party being hereto affixed and these presents
duly signed by its undersigned representative(s) pursuant to authority
of its governing body.
Dated
"Principal" "Surety"
______________________________ _______________________________
______________________________ _______________________________
By:___________________________ By:____________________________
Its Its
By:___________________________ By:____________________________
Its Its
Notary
Note: This bond must be dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney-in-
fact must be attached.
(Seal) (Seal)
APPROVED AS TO SURETY AND
PRINCIPAL AMOUNT
By:___________________________
Insurance Administrator
BOND No._________________
32
1293492.1
BID BOND
KNOW ALL PERSONS BY THESE PRESENTS that,
WHEREAS the City of Diamond Bar (“City”), has issued an invitation
for bids for the work described as follows:
____________________________________________________ Project No. _____
WHEREAS
(Name and address of Bidder)
("Principal"), desires to submit a bid to Public Agency for the work.
WHEREAS, bidders are required under the provisions of the California
Public Contract Code to furnish a form of bidder's security with their
bid.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
("Surety") a duly admitted surety insurer under the laws of the State
of California, as Surety, are held and firmly bound unto Public Agency
in the penal sum of
Dollars($______________), being not less than ten percent (10%) of the
total bid price, in lawful money of the United States of America, for
the payment of which sum well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors, and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded
Principal is awarded a contract for the work by City and within the
time and in the manner required by the bidding specifications, entered
into the written form of contract included with bidding specifications,
furnishes the required bonds, one to guarantee faithful performance and
the other to guarantee payment for labor and materials, and furnishes
the required insurance coverages, then this obligation shall become
null and void; otherwise, it shall be and remain in full force and
effect.
33
1293492.1
In case suit is brought upon this bond, Surety further agrees to pay
all court costs incurred by City in the suit and reasonable attorneys'
fees in an amount fixed by the court. Surety hereby waives the
provisions of California Civil Code § 2845.
IN WITNESS WHEREOF, each of which shall for all purposes be deemed an
original hereof, have been duly executed by Principal and Surety, on
the date set forth below, the name of each corporate party being hereto
affixed and these presents duly signed by its undersigned
representative(s) pursuant to authority of its governing body.
Dated:
"Principal" "Surety"
______________________________ _______________________________
______________________________ _______________________________
By:___________________________ By:____________________________
Its Its
By:___________________________ By:____________________________
Its Its
Note: This bond must be dated, all signatures must be notarized, and
evidence of the authority of any person signing as attorney-in-
fact must be attached.
(Seal) (Seal)
0
1293492.1
CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION
As suppliers of goods or services to the City of Diamond Bar, the firm
listed below certifies that it does not discriminate in its employment
with regards to race, religion, sex, or national origin; that it is in
compliance with all federal, state, and local directives and executive
orders regarding non-discrimination in employment; and that it will
pursue an affirmative course of action as required by the affirmative
action guidelines.
We agree specifically:
1. To establish or observe employment policies which affirmatively
promote opportunities for minority persons at all job levels.
2. To communicate this policy to all persons concerned including all
company employees, outside recruiting services, especially those
serving minority communities, and to the minority communities at
large.
3. To take affirmative steps to hire minority employees within the
company.
FIRM
TITLE OF OFFICER SIGNING
SIGNATURE DATE
Please include any additional information available regarding equal
opportunity employment programs now in effect within your company:
1
1293492.1
CERTIFICATION WITH REGARD TO THE PERFORMANCE OF
PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE
EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS
The bidder , proposed subcontractor , hereby certifies that
he has , has not , participated in a previous contract or
subcontract subject to the Equal Opportunity Clause, as required by
Executive Orders 10925, 11114, or 11246, and that he has , has not
, filed with the Joint Reporting Committee, the Director of the Office
of Federal Contract Compliance, a Federal Government contracting or
administering agency, or the former President's Committee on Equal
Employment Opportunity, all reports due under the applicable filing
requirements.
(COMPANY)
BY:
(TITLE)
DATE: , 20 .
NOTE: The above certification is required by the Equal Employment
Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b)
(1), and must be submitted by bidders and proposed subcontractors only
in connection with contracts and subcontracts which are subject to the
Equal Opportunity Clause. Contracts and subcontracts which are exempt
from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5.
(Generally only contracts or subcontracts of $10,000 or under are
exempt).
Currently, Standard Form 100 (EEO-1) is the only report required by the
Executive Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in
a previous contract or subcontract subject to the Executive Orders and
have not filed the required reports should note that 41 CFR 60-1.7 (b)
(1) prevents the award of contracts and subcontracts unless such
contractor submits a report covering the delinquent period of such other
period specified by the Federal Highway Administration or by the
Director, Office of Federal Contract Compliance, U.S. Department of
Labor.
2
1293492.1
NON-COLLUSION DECLARATION
(TO BE EXECUTED BY BIDDER AND SUBMITTED WITH
BID) PROJECT NAME: INSTALLATION OF THREE (3),
TWO POST GABLE SHELTERS ON THE CANYON LOOP
TRAIL
The undersigned declares:
I am the of , the party making the
foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or
corporation. The bid is genuine and not collusive or sham. The bidder
has not directly or indirectly induced or solicited any other bidder
to put in a false or sham bid. The bidder has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or anyone
else to put in a sham bid, or to refrain from bidding. The bidder has
not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the
bidder or any other bidder, or to fix any overhead, profit, or cost
element of the bid price, or of that of any other bidder.
All statements contained in the bid are true. The bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data
relative thereto, to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent
thereof, to effectuate a collusive or sham bid, and has not paid, and
will not pay, any person or entity for such purpose. Any person
executing this declaration on behalf of a bidder that is a corporation,
partnership, joint venture, limited liability company, limited
liability partnership, or any other entity, hereby represents that he
or she has full power to execute, and does execute, this declaration
on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct and that this
declaration is executed on [date], at
[City], ____[state].
_________________________________ ________________________________________________
Business Name Signature of Bidder (must be notarized)
_
3
1293492.1
Business Address
Attach Notary Acknowledgement Form to this form when submitting.
4
1293492.1
Bidder Agrees to Execute Agreement
In Substantially This Form
AGREEMENT
The following agreement ("AGREEMENT") is made and entered into, in duplicate, as of
the date executed by the Mayor and attested to by the City Clerk, by and between
____________________ hereinafter referred to as the "CONTRACTOR" and the City of
Diamond Bar, California, hereinafter referred to as "CITY."
WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened,
and declared on the date specified in the notice; and
WHEREAS, CITY accepted the bid of CONTRACTOR __________________________
and;
WHEREAS, CITY has authorized the Mayor to execute a written contract with
CONTRACTOR for furnishing labor, equipment and material for the
___________________________ Project in the City of Diamond Bar.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is
agreed:
1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor,
tools, materials, appliances, and equipment for and do the work for the
_________________________Project in the City of Diamond Bar. The work to be performed
in accordance with the plans and specifications, dated (The Plans and Specifications)
on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and
in accordance with the instructions of the City Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:
The Plans and Specifications are incorporated herein by reference and made a part hereof with
like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S
Bid dated , together with this AGREEMENT, shall constitute the contract
between the parties. This AGREEMENT is intended to require a complete and finished piece of
work and anything necessary to complete the work properly and in accordance with the law and
lawful governmental regulations shall be performed by the CONTRACTOR whether set out
specifically in the contract or not. Should it be ascertained that any inconsistency exists between
the aforesaid documents and this AGREEMENT, the following order of precedence shall apply:
(1) This AGREEMENT; (2) The Plans and Specifications; and (3) Contractor's bid.
3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set
forth in its Bid Proposal as full compensation for furnishing all materials, performing all work, and
fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses,
damages, and consequences arising out of the nature of the work during its progress or prior to
its acceptance including those for well and faithfully completing the work and the whole thereof
in the manner and time specified in the aforesaid contract documents; and also including those
arising from actions of the elements, unforeseen difficulties or obstructions encountered in the
prosecution of the work, suspension or discontinuance of the work, and all other unknowns or
risks of any description connected with the work. Final payment to Contractor shall be withheld
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for at least 30 days after the time in which Contractor has verified, to the City's satisfaction, that
it has submitted all information to the Department of Industrial Relations required by Labor Code
§1773.3.
4. TERM OF CONTRACT: CONTRACTOR agrees to complete the work within
______ (__) calendar days from the date of the notice to proceed.
CONTRACTOR agrees further to the assessment of liquidated damages in the
amount of ____________ dollars ($_____) for each calendar day the work remains incomplete
beyond the expiration of the completion date. CITY may deduct the amount thereof from any
monies due or that may become due the CONTRACTOR under this AGREEMENT. Progress
payments made after the scheduled date of completion shall not constitute a waiver of liquidated
damages.
5. INSURANCE: CONTRACTOR shall not commence work under this contract until
he has obtained all insurance required hereunder in a company or companies acceptable to
CITY nor shall the CONTRACTOR allow any subcontractor to commence work on his
subcontract until all insurance required of the subcontractor has been obtained. The
CONTRACTOR shall take out and maintain at all times during the life of this contract the
following policies of insurance:
a. Workers' Compensation Insurance: Before beginning work, the
CONTRACTOR shall furnish to the CITY a certificate of insurance as proof
that he has taken out full workers' compensation insurance for all persons
whom he may employ directly or through subcontractors in carrying out the
work specified herein, in accordance with the laws of the State of California.
Such insurance shall be maintained in full force and effect during the period
covered by this contract.
In accordance with the provisions of Section 3700 of the California Labor
Code, every CONTRACTOR shall secure the payment of compensation to
his employees. The CONTRACTOR, prior to commencing work, shall sign
and file with the CITY a certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for workers'
compensation or to undertake self insurance in accordance with the
provisions of that Code, and I will comply with such provisions before
commencing the performance of work of this contract."
b. For all operations of the CONTRACTOR or any sub-contractor in performing
the work provided for herein, insurance with the following minimum limits
and coverage:
1) General Liability - $2,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General
Liability insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to this
AGREEMENT or the general aggregate limit shall be twice the
required occurrence limit.
2) Automobile - $1,000,000 per accident for bodily injury and property
damage.
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3) Employer's Liability - $1,000,000 per accident for bodily injury or
disease.
c. Each such policy of insurance provided for in paragraph b. shall:
1) Be issued by an insurance company approved in writing by CITY,
which is authorized to do business in the State of California.
2) Name as additional insured the City of Diamond Bar, its officers,
agents and employees, and any other parties specified in the bid
documents to be so included;
3) Specify it acts as primary insurance and that no insurance held or
owned by the designated additional insured shall be called upon to
cover a loss under the policy;
4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be
canceled nor the amount of the coverage thereof reduced until thirty
(30) days after receipt by CITY of a written notice of such cancellation
or reduction of coverage."
5) Otherwise be in form satisfactory to the CITY.
d. The policy of insurance provided for in subparagraph a. shall contain an
endorsement which:
1) Waives all right of subrogation against all persons and entities
specified in subparagraph 4.c.(2) hereof to be listed as additional
insured in the policy of insurance provided for in paragraph b. by
reason of any claim arising out of or connected with the operations
of CONTRACTOR or any subcontractor in performing the work
provided for herein;
2) Provides it shall not be canceled or altered without thirty (30) days'
written notice thereof given to CITY.
e. The CONTRACTOR shall, prior to performing any work under this
AGREEMENT, deliver to the City Manager or his designee the original
policies of insurance required in paragraphs a. and b. hereof, or deliver to
the City Manager or his designee a certificate of the insurance company,
showing the issuance of such insurance, and the additional insured and
other provisions required herein.
f. Self Insured Retention/Deductibles. All policies required by this
AGREEMENT shall allow CITY, as additional insured, to satisfy the self-
insured retention (“SIR”) and/or deductible of the policy in lieu of the Owner
(as the named insured) should CONTRACTOR fail to pay the SIR or
deductible requirements. The amount of the SIR or deductible shall be
subject to the approval of the City Attorney and the Finance Director.
CONTRACTOR understands and agrees that satisfaction of this
requirement is an express condition precedent to the effectiveness of this
AGREEMENT. Failure by CONTRACTOR as primary insured to pay its SIR
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or deductible constitutes a material breach of this AGREEMENT. Should
CITY pay the SIR or deductible on CONTRACTOR’s behalf upon the
CONTRACTOR’s failure or refusal to do so in order to secure defense and
indemnification as an additional insured under the policy, CITY may include
such amounts as damages in any action against CONTRACTOR for breach
of this AGREEMENT in addition to any other damages incurred by CITY
due to the breach.
6. PREVAILING WAGE: Notice is hereby given that in accordance with the
provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the
CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages
for work of a similar character in the locality in which the public works is performed, and not less
than the general prevailing rate of per diem wages for holiday and overtime work. In that regard,
the Director of the Department of Industrial Relations of the State of California is required to and
has determined such general prevailing rates of per diem wages. Copies of such prevailing
rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar,
21825 Copley Drive, Diamond Bar, California, and are available to any interested party on
request. CITY also shall cause a copy of such determinations to be posted at the job site.
CONTRACTOR shall forfeit, as penalty to CITY, not more than two hundred dollars
($200.00) for each laborer, workman or mechanic employed for each calendar day or portion
thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of
wages hereinbefore stipulated for any work done under this AGREEMENT, by him or by any
subcontractor under him.
CONTRACTOR and any of its subcontractors must be registered with the Department of
Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a
contract for a public work on any public works project awarded after April 1, 2015. This
Agreement is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section
1777.5 of the Labor Code, and in accordance with the regulations of the California
Apprenticeship Council, properly indentured apprentices may be employed in the performance
of the work.
CONTRACTOR is required to make contribution to funds established for the
administrative of apprenticeship programs if he employs registered apprentices or journeymen
in any apprenticeship trade on such contracts and if other CONTRACTOR'S on the public works
site are making such contributions.
CONTRACTOR and subcontractor under him shall comply with the requirements of
Sections 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements
may be obtained from the Director of Industrial Relations, ex-officio the Administrator of
Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and
its branch offices.
8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's
work for all workmen employed in the execution of this contract, and the CONTRACTOR and
any sub-contractor under him shall comply with and be governed by the laws of the State of
California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of
the Labor Code of the State of California as amended.
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1293492.1
CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for
each laborer, workman or mechanic employed in the execution of the contract, by him or any
sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each
calendar day during which the laborer, workman or mechanic is required or permitted to labor
more than eight (8) hours in violation of the Labor Code.
9. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and
subsistence pay to each workman needed to execute the work required by this contract as such
travel and subsistence payments are defined in the applicable collective bargaining agreements
filed in accordance with Labor Code Section 1773.8.
10. CONTRACTOR'S LIABILITY: The CITY and its officers, agents and employees
("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage
that may happen to the work or any part thereof, or for any of the materials or other things used
or employed in performing the work; or for injury or damage to any person or persons, either
workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to
adjoining or other property from any cause whatsoever arising out of or in connection with the
performance of the work. CONTRACTOR shall be responsible for any damage or injury to any
person or property resulting from defects or obstructions or from any cause whatsoever.
CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees
harmless from any and all actions, claims, damages to persons or property, penalties,
obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation,
political subdivision, or other organization arising out of or in connection with the work, operation,
or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for
herein, whether or not there is concurrent passive negligence on the part of CITY. In connection
therewith:
a. CONTRACTOR will defend any action or actions filed in connection with
any such claims, damages, penalties, obligations or liabilities and will pay
all costs and expenses, including attorneys' fees, expert fees and costs
incurred in connection therewith.
b. CONTRACTOR will promptly pay any judgment rendered against
CONTRACTOR or Indemnitees covering such claims, damages, penalties,
obligations and liabilities arising out of or in connection with such work,
operations or activities of CONTRACTOR hereunder, and CONTRACTOR
agrees to save and hold the Indemnitees harmless therefrom.
c. In the event Indemnitees are made a party to any action or proceeding filed
or prosecuted against CONTRACTOR for damages or other claims arising
out of or in connection with the work, operation or activities hereunder,
CONTRACTOR agrees to pay to Indemnitees and any all costs and
expenses incurred by Indemnitees in such action or proceeding together
with reasonable attorneys' fees.
Contractor's obligations under this section apply regardless of whether or not such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil
fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However,
without affecting the rights of CITY under any provision of this AGREEMENT, Contractor shall
not be required to indemnify and hold harmless CITY for liability attributable to the active
negligence of CITY, provided such active negligence is determined by agreement between the
parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown
to have been actively negligent and where CITY active negligence accounts for only a
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1293492.1
percentage of the liability involved, the obligation of Contractor will be for that entire portion or
percentage of liability not attributable to the active negligence of CITY.
So much of the money due to CONTRACTOR under and by virtue of the contract as shall
be considered necessary by CITY may be retained by CITY until disposition has been made of
such actions or claims for damages as aforesaid.
It is expressly understood and agreed that the foregoing provisions are intended to be as
broad and inclusive as is permitted by the law of the State of California. This indemnity provision
shall survive the termination of the AGREEMENT and is in addition to any other rights or
remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of any
insurance coverage which may have been required under this AGREEMENT or any additional
insured endorsements which may extend to Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby
waives all rights of subrogation and contribution against the Indemnitees, while acting within the
scope of their duties, from all claims, losses and liabilities arising out of or incident to activities
or operations performed by or on behalf of the CONTRACTOR regardless of any prior,
concurrent, or subsequent passive negligence by the Indemnitees.
11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination
shall be made in the employment of persons in the work contemplated by this AGREEMENT
because of the race, color or religion of such person. A violation of this section exposes the
CONTRACTOR to the penalties provided for in Labor Code Section 1735.
12. PAYMENT FUND: A City Council resolution established a Project Payment
Account, encumbered money in the current budget, and assigned that money to the Project
Payment Account, which is the sole source of funds available for payment of the contract sum
set forth in Section 3 of this AGREEMENT. CONTRACTOR understands and agrees that
CONTRACTOR will be paid only from this special fund and if for any reason this fund is not
sufficient to pay CONTRACTOR, CONTRACTOR will not be entitled to payment. The availability
of money in this fund, and CITY's ability to draw from this fund, are conditions precedent to
CITY's obligation to make payments to CONTRACTOR.
13. PRESENTATION OF CLAIMS: Any claim, as that term is defined in Public
Contract Code §9204, shall be submitted in accordance with Section 9204 and shall contain a
sufficient description of the claim, the basis therefore and documentation in support of the claim.
The claim shall be processed as more fully set forth in the Plans and Specifications.
14. TERMINATION: This AGREEMENT may be terminated by the CITY, without
cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30)
days prior to the date of termination specified in the notice. Upon receipt of such notice,
Contractor shall immediately cease work, unless otherwise directed by the Notice of
Termination. In the event of such termination, Contractor shall be paid for services satisfactorily
rendered and expenses reasonably and necessarily incurred prior to the effective date of
termination, unless the Notice of Termination is issued for cause, in which event the City may
withhold any disputed compensation. Contractor shall not be entitled to any claim for lost profits.
State of California
"CONTRACTOR'S" License No. ________________________
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1293492.1
CONTRACTOR'S Business Phone:
CONTRACTOR'S emergency phone which can be reached at any time:
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT with all
the formalities required by law on the respective dates set forth opposite their signatures.
By: ______________________________________
Title: _________________________________
Date:
By:
Title:
Date:
CITY OF DIAMOND BAR, CALIFORNIA
By: _____________________________________
__________________________
Date
ATTEST:
By: _____________________________________
CITY CLERK
__________________________
Date
APPROVED AS TO FORM:
_____________________________________
CITY ATTORNEY
_____________________________
Date
*NOTE: If Contractor is a corporation, the City requires the following signature(s):
-- The Chairman of the Board, the President or a Vice-President, AND (2) the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an
Assistant Treasurer. If only one corporate officer exists or one corporate officer
holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into
this Agreement. A copy of the corporate resolution, certified by the Secretary
close in time to the execution of the Agreement, must be provided to the City.
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1293492.1
PART II
GENERAL PROVISIONS
1293492.1
GENERAL PROVISIONS
FOR
__________________________ PROJECT
CITY PROJECT NO. ______________
1.GENERAL CONDITIONS
All work shall be done in accordance with the Standard
Specifications for Public Works Construction (Latest Edition and
all subsequent supplements), hereinafter referred to as Standard
Specifications; the State of California Department of
Transportation Standard Specifications (Latest Edition and all
subsequent supplements), hereinafter referred to as Caltrans
Standard Specifications; Plans, Standard Construction Drawings;
and these Special Provisions.
2. MODIFICATIONS TO THE STANDARD SPECIFICATIONS
Section 2. Scope and Control of Work.
Section 2-1. Award and Execution of Contract is amended by the
following:
(a) Examination of Plans, Specifications, Special Provisions, and
Site of Work: The bidder is required to examine carefully
the site and the proposal, plans, specifications and contract
forms for the work contemplated, and it will be assumed that
the bidder has investigated and is satisfied as to the
conditions to be encountered, including all installations and
utilities, whether underground, surface or overhead, as to
the character, quality and quantities of work to be performed
and materials to be furnished, and as to the requirements of
the specifications, the special provisions and the Contract.
It is mutually agreed that submission of a proposal shall be
considered prima facie evidence that the bidder has made such
examination.
(b) Proposal Form: All proposals must be made upon blank forms
to be obtained from the City Clerk at City Hall, 21810 Copley
Drive, Diamond Bar, California. All proposals must give the
prices proposed, both in writing and figures, and must be
signed by the bidder, and his address shown. If the proposal
is made by an individual, his name and post office address
must be shown. If made by a firm or partnership, the name
and post office address of each member of the firm or
partnership must be shown. If made by a corporation, the
proposal must show the name of the state under the laws of
which the corporation was chartered and the names, titles,
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and business addresses of the president, secretary, and
treasurer.
c) Rejection of Proposals Containing Alterations, Erasures or
Irregularities: Proposals may be rejected if they show any
alterations or form additions not called for, conditional or
alternative proposals, incomplete proposals, erasures, or
irregularities of any kind.
d) Bidder's Guarantee: All proposals shall be presented under
sealed cover and shall be accompanied by cash, cashier's check
or certified check payable to, or bidder's bond in favor of
the City of Diamond Bar in an amount of not less than ten
percent (10%) of the amount named in said proposal, and no
proposal shall be considered unless such cash, cashier's
check, certified check or bidder's bond is enclosed
therewith.
(e) Return of Bidder's Guarantees: Proposal guarantees will be
held until the Contract has been finally executed, after which
they will be returned to the respective bidders whose
proposals they accompany.
The Notice to Bidders, Proposal, bonds, Instructions to bidders,
General Provisions and Detail Specifications, shall be deemed
incorporated in the Contract by reference. A Corporation to
which an award is made will be required, before the Contract is
finally executed, to furnish evidence of its corporate existence
and evidence that the officer signing the Contract and bonds for
the corporation is duly authorized to do so.
Subsection 2-5.1. Plans and Specifications - General, is
amended by the addition of the following:
An addendum to these specifications may be issued by the City
Engineer at any time prior to the bid opening.
Section 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP
4-1.1 General. The Contractor and all subcontractors, suppliers,
and vendors, shall guarantee that the entire work will meet all
requirements of this contract as to the quality of materials,
equipment, and workmanship. The Contractor, at no cost to the
AGENCY, shall make any repairs or replacements made necessary by
defects in materials, equipment, or workmanship that become evident
within 1 year after the date of acceptance of work. Within this 1-
year period, the Contractor shall also restore to full compliance
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with requirements of this contract any portion of the work which is
found to not meet those requirements. The Contractor shall hold the
AGENCY harmless from claims of any kind arising from damages due to
said defects or noncompliance. The Contractor shall make all
repairs, replacements, and restorations within 30 days after the
date of the Engineer's written notice.
4-1.4 Test of Materials. Except as elsewhere specified, the City
will bear the cost of materials testing and independent acceptance
testing. The cost of all other tests, including the retesting of
materials and independent acceptance testing that fails to pass the
first test, shall be borne by the Contractor.
Section 5. Utilities. This section is modified by addition of the
following subsections.
Subsection 5-1. Location. This section is amended by the
addition of the following:
Utility Owner and Public Agency Identifications. Utility owners
and Public Agencies who may have facilities or interests, which
may affect the work, are as follows:
Verizon Telephone
1400 E. Phillips Boulevard
Pomona, California 91766
(800) 227-2600 (DigAlert)
(909) 469-6354 (Office)
Waste Management
13940 East Live Oak Avenue
Baldwin Park, California 91706
(800) 266-7551
Valley Vista Services
16000 Temple Avenue
La Puente, California 91744
(800) 442-6454
Southern California Edison Co.
800 West Cienega Avenue
San Dimas, California 91773
(800) 227-2600 (DigAlert)
(800) 684-8123 (Office)
Southern California Gas Company
1293492.1
1919 South State College Boulevard
Anaheim, California 92803
(800) 227-2600 (DigAlert)
(800) 427-2200 (Office)
Walnut Valley Water District
271 South Brea Canyon Road
Walnut, California 91789
(909) 595-7554
Pomona Unified School District
800 South Garey Avenue
Pomona, California 91766
(909) 397-4800
Walnut Valley Unified School District
880 S. Lemon Ave.
Walnut, CA 91789
(909) 595-1261
Time Warner Cable
1041 E. Route 66
Glendora, CA 91740
(888) 892-2253
Los Angeles County Department of Public Works
900 S. Fremont Ave.
Alhambra, CA 91803-1331
Operation Services
(626) 445-7630
Sewer Maintenance
(800) 675-4357
Los Angeles County Sheriff's Department
21695 E. Valley Blvd.
Walnut, California 91789
(909) 595-2264
Los Angeles County Fire Department
Station 119
20480 Pathfinder Road
Diamond Bar, California 91765
(909) 861-5995
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Los Angeles County Fire Department
Station 121
346 Armitos Place
Diamond Bar, California 91765
(909) 396-0164
Metropolitan Water – La Verne
Substructures Team
P.O. Box 54153 Terminal Annex
Los Angeles, CA 90054
(213) 217-6679
Los Angeles County Fire Department
Station 120
1051 S Grand Ave
Diamond Bar, CA 91765
(323) 881-2411 (non-emergencies)
911 (emergencies)
Subsection 5-2. Protection.
The Contractor is hereby alerted to the existence of utility lines.
The Contractor shall carefully protect all lines during the course
of construction.
Section 6. Order of Work.
Subsection 6-1.3. Order of Work
The order of work, except where otherwise specifically required by
the Plans and Specifications, shall be determined by the Contractor
who shall be solely responsible for coordinating all subcontract and
prime contract work to minimize delays during construction.
The Contractor shall schedule his work in order to be as least
disruptive as possible to adjacent businesses and residents.
Subsection 6-1.4. Work Hours and Sound Control.
Daytime work hours shall be 7:00 a.m. to 4:00 p.m. Monday - Friday.
Saturday work hours, if permitted at least one week (7 Calendar
Days) in advance by the City Engineer, shall be 8:00 a.m. to 4:00
p.m.
Nighttime work hours shall be 10:00 p.m. to 5:00 a.m. Monday –
Friday. Nighttime work hours are not required but will be permitted
at the request of the contractor with the City Engineer’s
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authorization. Contractor shall request nighttime work hours at
least 1 week (7 calendar days) prior to beginning the proposed
nighttime work operations.
The Contractor shall comply with all County and local sound control
and noise level rules, regulations, and ordinances which apply to
any work performed pursuant to the contract, and shall make every
effort to control any undue noise resulting from the construction
operation.
Each internal combustion engine used for any purpose on the job or
related to the job shall be equipped with a muffler of a type
recommended by the manufacturer. No internal combustion engine shall
be operated on the project without said muffler.
The Engineer reserves the right to stop work if he determines that
these conditions are being violated.
Section 7. Responsibilities of the Contractor in Conduct of His
Work.
Subsection 7-2. Labor is amended by the addition of the following:
Labor Discrimination. No discrimination shall be made in the
employment of such persons upon public works because of the race,
color, or religion of such persons and every contractor for public
works violating this section is subject to all the penalties imposed
for a violation of Chapter 11 or Part VII, Division 2 of the Labor
Code in accordance with the provisions of Section 1735 thereof.
Subsection 7-3.1. Contractor's Responsibility for Work.
Reference is made to Section 6 - 8 of the Standard Specifications
and these General Provisions. Except as provided above, until the
formal acceptance of the work by the City Council, the Contractor
shall have the charge and care thereof and shall bear the risk of
injury or damage to any part thereof by the action of the elements
or from any other case, whether arising from the execution or from
the non-execution of the work. The Contractor shall rebuild, repair,
restore, and make good all injuries or damages to any portion of the
work occasioned by any of the above causes before final acceptance
and shall bear the expense thereof, except such injuries or damages
occasioned by acts of the Federal Government or the public enemy.
Section 7-8 WORK SITE MAINTENANCE
Subsection 7-8.6.2 Best Management Practices (BMPs) is amended by
the addition of the following:
1293492.1
At a minimum, the Contractor and/or any subcontractors are required
to place gravel bags and filter fabric around all storm drain inlets
to prevent polluted water from running into the storm drain systems
in addition to all other required BMP’s.
Subsection 7-10.1. Traffic and Access is amended by the addition
of the following:
The Contractor shall furnish all flagmen and guards and supply and
install all signs, lights, flares, barricade delineators, and other
facilities which are necessary to expedite the passage of public
traffic through or around the work or to prevent accidents or damage
or injury to the public or to give adequate warning to the public
of any dangerous conditions to be encountered. The Caltrans "Manual
of Traffic Controls" shall be used for all traffic control on this
project.
7-10.3 Street Closures Barricades, Detours. Subsection 7-10.3 of
the Standard Specifications is amended by adding thereto the
following:
At a minimum the contractor shall maintain one (1) dedicated left
turn and one (1)thru/right turn lane at all times in all directions
as deemed necessary.
The Contractor shall prepare any traffic control or detour plans as
directed in section 3.03 vehicular traffic control of technical
provisions under Traffic Control (Bid Item No. 2).
Lane transitions shall confirm to the California MUTCD, Part 6,
“Temporary Traffic Control.”
Temporary traffic channelization shall be accomplished by the use
of temporary striping when channelization is required for more than
3 days. The Contractor shall provide any plans that may be required
for temporary striping prepared by a registered traffic engineer to
the satisfaction of the City Engineer. In no event will temporary
striping be allowed on newly finished pavement surfaces which are
to remain. Temporary traffic channelization needed on a daily basis
shall be accomplished with delineators.
The Contractor shall schedule an employee to police the temporary
delineators within the travel way during weekday, nonworking hours
and over Saturdays, Sundays, and holidays.
7-10.5 Protection of the Public. Subsection 7-10.5 is hereby added
to Section 7 of the Standard Specifications as follows:
1293492.1
It is part of the service required of the Contractor to make whatever
provisions are necessary to protect the public. The Contractor shall
use foresight and shall take such steps and precautions as his
operations warrant to protect the public from danger, loss of life
or loss of property, which would result from interruption or
contamination of the public water supply, interruption of other
public service, or from the failure of partly completed work or
partially removed facilities. Unusual conditions may arise on the
work which will require that immediate and unusual provisions be
made to protect the public from danger or loss, or damage to life
and property, due directly or indirectly to prosecution of work under
this contract.
Whenever, in the opinion of the Engineer, an emergency exists against
which the Contractor has not taken sufficient precaution for the
public safety, protection of utilities and protection of adjacent
structures or property which may be damaged by the Contractor's
operations in the opinion of the Engineer, immediate action shall
be considered necessary in order to protect the public or property
due to the Contractor's operations under this contract, the Engineer
will order the Contractor to provide a remedy for the unsafe
condition. If the Contractor fails to act on the situation within
a reasonable time period, the Engineer may provide suitable
protection to said interests by causing such work to be done and
material to be furnished as, in the opinion of the Engineer, may
seem reasonable and necessary.
The cost and expense of said labor and material, together with the
cost and expense of such repairs as are deemed necessary, shall be
borne by the Contractor. All expenses incurred by the AGENCY for
emergency repairs will be deducted from the progress payments and
the final payment due to the Contractor. However, if the AGENCY
does not take such remedial measures, the Contractor is not relieved
of the full responsibility for public safety.
Subsection 7-15 RECYCLING OF MATERIAL
Subsection 7-15 is hereby added to Standard Specification.
7-15.1 Recycle of Asphalt Concrete, Portland Cement Concrete.
7-15.2 Contractor’s Obligation. The Agency is committed to
recycling program. It is the obligation of the contractor, under
this contract, to recycle the waste material through an approved
recycling plant. Records and report of waste material will be
submitted to the City of Diamond Bar on a regular monthly basis.
The construction and demolition requirements of the City of Diamond
Bar has been provided in Appendix C for further information.
1293492.1
Section 9. Measurement and Payment.
Subsection 9-3 is modified by the addition of the following
paragraphs:
Payment for the various items of the Bid Schedule, as further
specified herein, shall include all compensation to be received by
the Contractor for furnishing all tools, equipment, supplies, and
manufactured articles, and for all labor, operations, and
incidentals appurtenant to the items of work being described, as
necessary to complete the various items of work, all in accordance
with the provisions for Measurement and Payment in the Standard
Specifications and these Special Provisions, and as shown on the
Drawings, Exhibits, and spreadsheets including all appurtenances
thereto, and including all costs of compliance with the regulations
of public agencies having jurisdiction, including the Safety and
Health Requirements of the California Division of Industrial Safety
and the Occupational Safety and Health Administration of the U.S.
Department of Labor (OSHA).
No separate payment will be made for any item that is not
specifically set forth in the Bid Schedule, and all costs therefore
shall be included in the prices named in the Bid Schedule for the
various appurtenant items of work.
The Contractor agrees that the payment of the amount under the
Contract, and the adjustment and payment for any work done in
accordance with any alterations of the same, shall release the City
of Diamond Bar, the City Council, the City Manager, and the City
Engineer of any and all claims or liability on account of work
performed under the Contract or any alterations thereof.
Progress Payments. The Contractor shall be entitled each month to a
monthly progress payment in an amount equal to ninety-five percent
(95%) of the estimated percentage of actual work completed by the
end of the preceding calendar month, based on the contract price
less all previous payments. Subject to the provisions of Section
22300 of the Public Contract Code, a five percent (5%) retention
will be withheld from each payment. All invoices and detailed pay
requests shall be approved by the Engineer before submittal to the
City for payment. All billings shall be directed to the Engineer.
In all events, the City shall withhold no less than five percent
(5%) of the contract price until final completion and acceptance of
the work.
This payment on account shall in no way be considered as an
acceptance of any part of the work or material of the Contract, nor
shall it in any way govern the final estimate.
1293492.1
Acceptance of any progress payment accompanying any estimate without
written protest shall be an acknowledgment by the Contractor that
the number of accumulated contract days shown on the associated
statement of working days is correct. Progress payments made by the
City to the Contractor after the completion date of the Contract
shall not constitute a waiver of liquidated damages.
The Contractor shall submit with its invoice the Contractor's
conditional waiver of lien for the entire amount covered by such
invoice; valid unconditional waivers of lien from the Contractor and
all subcontractors and material-men for all work and materials
included in any prior invoices;
Waivers of lien shall be in the forms prescribed by California Civil
Code Section 3262. Prior to final payment by the City, the
Contractor shall submit a final waiver of lien for the Contractor's
work, together with releases of lien from any subcontractor or
material-men.
Final Payments. After the completion of the Contract, the City
Engineer shall make a final inspection of the work done thereunder, and
if entirely satisfactory and complete, the City shall pay to the
Contractor an amount which, when added to the payments previously made
and deductions allowable to the City, will equal ninety-five percent
(95%) of the contract price. Thereafter the balance of the contract
price remaining unpaid shall be paid thirty-five (35) calendar days
after the recording of a Notice of Completion by the City. The payment
of the final amount due under the Contract and the adjustment and
payment for any work done in accordance with any alterations of the
same shall release the City from any and all claims on account of the
work performed under the Contract or any alterations thereof. Final
payment to Contractor shall be withheld for at least 30 days after the
time in which Contractor has verified, to the City's satisfaction, that
it has submitted all information to the Department of Industrial
Relations required by Labor Code §1773.3.
Guarantee. The Contractor agrees for a period of one year, commencing
with the Final Notice of Completion, to correct without additional
charge to the City, any defects in the work performed, or in the
materials furnished, by the Contractor and/or manufacturer, jointly.
Quantities and Unit Prices. All pay items will be paid for at the
unit prices named in the Bid Schedule for the respective items of
work. The quantities of work or material stated as unit price items
on the Bid Schedule are stated only to give an indication of the
general scope of the work. The City does not expressly, nor by
implication, agree that the actual amount of work or material will
correspond therewith, and reserves the right after the award of
1293492.1
Contract to increase or decrease the quantity of any unit price item
of work, and shall have the right to delete any Bid Item in its
entirety, or to add additional Bid Items.
9-4 Final Cleanup and Closeout. Upon completion of the work, and
before acceptance and final payment is made by the City, the
Contractor shall clean the project site and areas occupied by him
in connection with the work. All rubbish, excess materials,
falsework, temporary structures, and equipment shall be removed; and
all parts of the work shall be left in a neat and presentable
condition.
Prior to final closeout, the Contractor shall submit the following:
A. A complete file of operation and maintenance manuals for
equipment and materials used in the work. Such file shall be
bound in hardcover, three-ring binders and shall be labeled.
B. Required written guarantees.
C. Complete list of subcontractors and principal vendors engaged
in the execution of the work, including addresses and telephone
numbers.
D. Complete and updated Storm Water Pollution Prevention Plan/Water
Pollution Control Plan and Contractor certification that
construction activities were in compliance with applicable
National Pollutant Discharge Elimination System regulations.
Full compensation for conforming to the requirements of this Section
shall be considered as included in the contract bid price paid for
the various items of work and no additional compensation will be
allowed therefor.
9-5 Final Inspection and Acceptance. The Contractor shall notify
the Engineer a minimum of five working days in advance when a final
inspection of the work is desired. If the Engineer agrees that the
work is complete and ready for inspection, he will, as soon
thereafter as possible, make the necessary examinations. No final
acceptance of the work shall be allowed until all check (punch) list
items to be rectified have been corrected and any subsequent final
inspections have been performed.
9-6 Payment for Bid Items. See “Technical Provisions” section of
these Specifications.
9-7 Public Notification.
1293492.1
Contractor shall comply with all applicable State, County and City
requirements and any additional public safety requirements which may
arise in notifying the Police, Fire, Traffic and Engineering
Departments, Schools and Public Transit at least 48 hours in advance
of any closures, partial closures or reopening, and detours.
At least ten (10) calendar days prior to commencing work, the
Contractor shall submit a detailed schedule to the City for approval.
Based on the schedule, the Contractor will notify businesses, bus
companies, trash and street sweeping companies, and emergency
services of the proposed work.
Due to the nature of this project involving some inconvenience to
businesses, a good Public Relations Program is mandatory and evidence
of satisfactory past performance in this area will be required.
The City will require the Contractor to distribute two (2) “Public
Notices” to each business and residence affected by the program.
The first notice shall be distributed to each business and residence
ten (10) calendar days prior to the start of any work. The second
notice shall be distributed at least forty-eight (48) hours prior
to the start of work. Said notice shall be provided by the
Contractor.
Four (4) Changeable Message Boards (CMB’s) shall be placed near the
project limits as directed by the City Engineer. The CMB’s shall
be placed at least 10 business days prior to the start of
construction notifying motorists of the upcoming construction.
All complaints received by the City associated with the construction
alleging damage to private property and vehicles shall be responded
to by the Contractor within twenty-four (24) hours of notification.
Failure to comply with this provision may result in a penalty of
fifty dollars ($50.00) per occurrence.
The Contractor shall be responsible for maintain notification
signage in a serviceable manner. Signs shall indicate the date and
hours of restriction.
Full compensation for conforming to the requirements of this section
shall be considered as included in the price paid for various items
of work involved and no additional compensation will be allowed.
9-8 NPDES Requirements.
The contractor shall conform to the requirements of the National
Pollutant Discharge Elimination System (NPDES) Permit for
Construction Activities, NPDES No. CAS000002.
1293492.1
The Contractor shall protect by any means all construction related
materials from being discharged from the site by the forces of wind
or water. Contractor and/or any subcontractors are required to place
gravel bags and fabric around all storm drain inlets, and also place
gravel bags around the job site, as directed by the city Engineer,
to protect polluted water from running into the storm drain systems.
Full compensation for conforming to the requirements of this section
shall be considered as included in the prices paid for the various
contract items of work involved and no additional compensation will
be allowed.
9-9 Environmental Provisions
In the event Contractor is required to dig any trench or excavation
that extends deeper than 4 feet below the surface in order to perform
the work authorized under this contract, Contractor agrees to
promptly notify Agency in writing and before further disturbing the
site, if any, of the conditions set forth below are discovered:
1. Materials that the Contractor believes may be hazardous waste,
as defined in Section 25117 of the Health and Safety Code that
is required to be removed to a Class I, Class II, or Class III
disposal site in accordance with the provisions of existing law.
2. Subsurface or latent physical conditions at the site differing
from those indicated.
3. Unknown physical condition at the site of any unusual nature,
different materially from those ordinarily encountered and
generally recognized as inherent in the work of the character
provided for in this Contract.
0
1293492.1
PART III
SPECIAL PROVISIONS
SP - 1
1293492.1
SPECIAL PROVISIONS
FOR
INSTALLATION OF THREE (3), TWO POST GABLE SHELTERS ON THE CANYON
LOOP TRAIL PROJECT
CITY PROJECT NO. FP17500
SPECIFICATIONS
The work to be done shall be performed or executed in accordance with
these Special Provisions and the "Standard Specifications for Public
Works Construction", Latest Edition and all subsequent supplements,
hereinafter referred to as the Standard Specifications. The Standard
Specifications are published by Building News, Inc. 10801 National
Boulevard, Suite 100, Los Angeles, California 90034 and are included
by reference only.
ADDENDA
The City Engineer may, without City Council approval, issue addenda
to the Contract Documents during the period of advertising for bids
for the purpose of: (a) revising prevailing wage scales or (b)
clarifying or correcting Special Provisions, Plans or Bid Proposal;
provided that any such addenda does not change the original scope
and intent of the project.
Purchasers of contract documents will be notified and furnished
copies of such addenda, either by certified mail or personal
delivery, during the period of advertising.
TIME LIMIT AND NOTICE TO PROCEED
All work shall be completed within Twelve (12) calendar days. The
counting of calendar days shall start on September 18, 2023. The
Contractor shall utilize the move-in period to ensure that all
materials required for the project will be available for the
scheduled work. No additional days will be allowed for material
delay once the Contractor commences work. The Contractor shall
notify the City Engineer at least seven (7) calendar days prior to
the start of work.
Nothing in this section will relieve the Contractor of its
obligations relative to starting work as required elsewhere in these
specifications.
CHANGES IN THE WORK
SP - 2
1293492.1
Subsection 2-7.1 of the Standard Specifications for Public Works
Construction is supplemented by the following:
Notwithstanding the limitation imposed by this Subsection, the
City Engineer may, with City Council approval, order changes
in the work which increase the contract cost by not more than
ten percent (10%) of the original contract amount.
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
All bidders will be required to submit information as to their
industrial safety record on the form provided in the Bid Proposal.
A review of this safety record will be made prior to a determination
of the lowest responsible bidder, and any adverse finding as to the
bidder's safety record or any bid submitted which does not contain
the Contractor's Industrial Safety Record, filled out and signed by
the Contractor, may be sufficient cause for rejection of the bid.
CONSTRUCTION SCHEDULE
In accordance with Subsection 6-1 of the Standard Specifications,
the Contractor shall submit a written proposed construction schedule
to the City Engineer ten (10) calendar days prior to the start of
work. Such schedule shall be subject to the review and approval by
the City Engineer. No work shall be done until the City Engineer
and the Contractor have agreed to the schedule to be followed by the
Contractor.
WITHHELD CONTRACT FUNDS
Pursuant to Section 4590 of the Government Code, the Contractor at
its own expense may deposit securities pledged in favor of the Agency
with a state or federally chartered bank as the escrow agent.
The acceptable securities are those listed in Section 16430 of the
Government Code or bank or savings and loan certificates of deposit.
The amount of securities to be deposited shall be equivalent to the
maximum amount permitted to be withheld as specified in Subsection
9-3.2 of the Standard Specifications. Formal acceptance of the
project by the Agency terminates the Agency's interest in the
securities.
PUBLIC CONVENIENCE AND SAFETY
SP - 3
1293492.1
In addition to the requirement of Subsection 7-10 of the Standard
Specifications and the Standard Special Provisions, the Contractor
shall maintain access to all adjacent properties. Furthermore, this
subsection is amended and supplemented by the following paragraphs:
DETOUR
In no case shall traffic be diverted from the existing traveled
way without prior approval of the City Engineer.
TRAFFIC FLOW
In order to facilitate the flow of traffic during the contractual
period, the Agency reserves the right to extend the limits of the
project to include any areas where signing and delineating is
deemed necessary by the Engineer.
Full compensation for complying with the above requirements shall be
considered as included in the various items of work unless otherwise
specified above.
CONSTRUCTION WATER
Construction water is available from the Walnut Valley Water District
(WVWD) by applying for a temporary meter, which will be installed
and chained to a hydrant by WVWD. Contact WVWD at telephone (909)
595-7554 to apply for construction water. Contractor to verify
current charges.
SANITARY CONVENIENCE
Necessary sanitary facilities for the use of workman on the job shall
be provided and maintained in an approved manner by the Contractor,
properly secluded from public observation and in compliance with
health ordinances and laws, and their use shall be strictly enforced
by the Contractor.
STORAGE SITE
It shall be the Contractor's responsibility to locate any storage
sites for materials and equipment needed and such sites either
located on public or private property must be approved in advance by
the City Engineer.
No equipment or materials shall be stored in the public roadway
right-of-way without prior written approval from the City Engineer.
SPECIAL INSPECTION FEES
SP - 4
1293492.1
If the Contractor elects to work under this contract more than 8
hours/day or more than 40 hours/week, Saturday, Sunday, or CITY
holidays, the Contractor shall arrange with the Engineer for the
required inspection service and pay the Special Inspection Fees which
will be charged at the following rates:
Monday through Fridays - $100.00 per hour
Saturday, Sunday, Holidays - $1000.00 per day
Fees may be deducted from payments due to the Contractor at the
discretion of the Engineer.
PROJECT COORDINATION AND NOTIFICATION REQUIREMENTS
PRE-CONSTRUCTION MEETING
The City shall arrange a pre-construction meeting with the
Contractor, which shall be held a minimum of ten (10) calendar days
prior to commencement of any work.
TRASH COLLECTION SCHEDULE
No streets will be closed or have work done on day of trash
collection.
Questions regarding trash collection can be directed to:
Waste Management Valley Vista Services
(626) 856-1285 (800)442-6454
(818) 960-7551
REMOVAL OF MATERIALS
Materials, which are to be disposed of, include, but are not limited
to:
saw-cut asphalt pavement and concrete removed for curb and gutter
shall not be stored at the site but shall be removed immediately.
No overnight storage of materials or debris will be allowed in
the street area or surrounding areas.
COMPETENCY OF BIDDER
The bidder shall be licensed under the provisions of Chapter 9,
Division 3, of the Business and Professions Code of the State of
SP - 5
1293492.1
California to do the type of work contemplated in the Contract and
shall be skilled and regularly engaged in the general class or type
of work called for under this Contract. Contractor's License Class
A, or C12 is required for this project.
BID QUANTITIES
The quantities given in the Proposal and Contract form are
approximate, being given as a basis for the comparison of bids only,
and the city does not, expressly or by implication, agree that the
actual amount of work will correspond therewith, but reserves the
right to increase or decrease the amount of any class or portion of
the work, or to omit any portion of the work, as may be deemed
advisable or necessary by the City Engineer.
CITY EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROVISIONS
1. AFFIRMATIVE ACTION PLAN FOR EQUAL EMPLOYMENT OPPORTUNITY
The following provisions pertaining to equal employment
opportunity are incorporated into this Contract. In connection
with performance of work under this Contract, the Contractor
agrees as follows:
a. The Contractor will not discriminate against any employee
or applicant for employment because of race, color, sex,
religion, ancestry or national origin. The Contractor will
take affirmative action to ensure that applicants are
employed, and the employees are treated during employment,
without regard to race, color, sex, religion, ancestry or
national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of
compensation; and selection for training, including
apprenticeship where applicable.
b. In all advertisements for labor or other personnel, or
requests for employment of any nature, the Contractor shall
state that all qualified applicants will receive
consideration for employment of any nature, the Contractor
shall state that all qualified applicants will receive
consideration for employment without regard to race, color,
sex, religion, ancestry or national origin.
c. In all hiring, the Contractor shall make every effort to
hire qualified workers from all races and ethnic groups.
SP - 6
1293492.1
d. The Contractor shall be responsible for the compilation of
records of the ethnic distribution of the entire project
work force on forms furnished by the Agency. Said forms,
indicating the ethnic distribution of man-hours of work
within the various crafts and trades, shall be filed by
the Contractor with the Agency every thirty (30) days.
e. The Contractor shall send to each labor union or
representative of workers with which it has a collective
bargaining agreement or other contract or understanding, a
notice, to be provided by the Agency, advising the said
labor union or worker's representative of the Contractor's
commitments under this section.
f. The Contractor shall maintain and permit access by the
Agency to records of employment, employment
advertisements, application forms and other pertinent data
and records of the Contractor's own work force and that of
the various subcontractors on the project for the purpose
of investigation to ascertain compliance with this EEO
section.
g. Within ten (10) days after execution of the Contract by
the Agency, the Contractor shall meet the following
standards for affirmative compliance and shall ensure that
each subcontractor on the project will meet these
requirements within ten (10) days after receiving a Notice
to Proceed from the Contractor, unless the Agency provides
for a greater time period:
(1) File with the Agency an Affirmative Action Plan
indicating the steps it will take to encourage and
assist qualified members of minority groups. Such
affirmative action will include statements regarding
recruitment, employment, compensation, promotion or
demotion, and selection for training.
(2) Provide evidence as required by the Agency that it
has notified in writing all subcontractors, the
Contractor's supervisors and other personnel officers
of the content of this EEO section and their
responsibilities under it.
(3) Provide evidence, as required by the Agency that it
has notified in writing all sources of employee
referrals (including, but not limited to, unions,
SP - 7
1293492.1
employment agencies and the State Department of
Employment Development) of the content of this EEO
section.
(4) Notify the Agency in writing of any opposition to this
EEO section by individuals, firms, unions or
organizations.
h. If the Agency has reason to believe that the Contractor or
a subcontractor may have committed a violation of the EEO
section of this Contract or of the California Fair
Employment Practice Act or of any applicable Federal law
concerning equal employment practices on this project, the
Agency will cause written notice to be served on the
Contractor or its representative, and to any subcontractor
involved in such violation. The notice shall set forth
the nature of the violation. Upon the Agency's request,
the Contractor shall meet with representatives of the
Agency in order to determine the means of correcting the
violation and the time period within which the violation
shall be corrected. If, within ten (10) days, the
Contractor or subcontractor has failed or refused to remedy
the violation, the Agency may notify the Fair Employment
Practices Commission and pursue any other remedies, which
may be available under the law.
i. The Contractor shall include the provisions of the
foregoing paragraphs 1a through 1h in every first-tier
subcontract and require each subcontractor to bind each
further subcontractor with whom it has a contract to such
provisions, so that such provisions will be binding upon
each subcontractor who performs any of the work required
by the Contract.
2. ANTI-DISCRIMINATION
a. The Contractor certifies and agrees that all persons
employed by the Contractor, its affiliates, subsidiaries
or holding companies are and will be treated equally by
the Contractor without regard to or because of race, color,
sex, religion, ancestry or national origin and in
compliance with State and Federal anti-discrimination
laws. The Contractor further certifies and agrees that it
will deal with its subcontractors, bidders and vendors
without regard to or because of race, color, sex, religion,
ancestry or national origin. The Contractor agrees to
allow access to its employment records during regular
SP - 8
1293492.1
business hours to verify compliance with the foregoing
provisions when so requested by the City.
b. The Contractor specifically recognizes and agrees that if
the City finds that any of the foregoing provisions have
been violated, the same shall constitute a material breach
of Contract upon which the City may determine to cancel,
terminate or suspend the Contract. While the City reserves
the right to determine individually that the anti-
discrimination provisions of the Contract have been
violated, in addition a determination by the California
Fair Employment Practices Commission or the Federal Equal
Employment Opportunity Commission that the Contractor has
violated State or Federal anti-discrimination laws shall
constitute a finding by the City that the Contractor has
violated the anti-discrimination provisions of the
Contract.
c. At its option, and in lieu of canceling, terminating or
suspending the Contract, the City may impose damages for
any violation of the anti-discrimination provisions of this
section, in the amount of two hundred ($200.00) for each
violation found and determined. The City and the
Contractor specifically agree that the aforesaid amount
shall be imposed as liquidated damages, and not as a
forfeiture or penalty. It is further specifically agreed
that the aforesaid amount is presumed to be the amount of
damages sustained by reason of any such violation, because,
from the circumstances and the nature of the violation, it
is impracticable and extremely difficult to fix actual
damages.
1293492.1
PART IV
TECHNICAL PROVISIONS
2 Beam B-2 6 x 3 x .1196
2
1
4 Coverplate CPA-1 -
Touch-up Applicator Pen
7'-9 5/8"
Beam B-3
BILL OF MATERIALS
8' X 8' Steel Two Post Gable Shelter, Pitch: 4:12
PROJECT INFO
3'-5 13/16"B-1Beam4
QTY
4 x 4 x .1196 5'-11 15/16"
STRUCTURAL STEEL
2
4 1/2" x 4 1/2"
9'-8"
STEEL FINISH
Powder coat
ROOFING COLORSTEEL FINISH COLOR
DESCRIPTION MARK SIZE LENGTH
Beam B-4 4 x 4 x .1196 0'-5 5/16"
6 x 4 x 3/16
Column C-1 5 x 5 x 3/16
6
1
1
Ridge Cap 10'-3"
Corner Cap CC-13
METAL ROOFING - MEGA-RIB
DESCRIPTION MARK REMARKS
24 Gauge Mega-Rib Panels
Metal Deck End Cap EC-1 4'-1 1/2"
QTY
6
4
Corner Cap CC-11
Outside Closure - Mega Rib - 36'' Mega-Rib
#12-24 x 1 1/4'' Self Driller Tek45 Screws
Butyl Tape Sealant
2 Ridge Support RS-1 6'-0"
200 1/4-14 x 7/8'' Lap Self Driller Screws
1
2
4
2 Metal Deck End Cap EC-2 8'-0"
HARDWARE
SEE HARDWARE LIST OR DRAWINGS
100
RCP Shelters, Inc.
2100 SE Rays Way 772-288-3600
Stuart, FL 34994 info@rcpshelters.com
RCP Shelters, Inc. - 800-525-0207 - www.rcpshelters.com Page 1 of 1
4.25' x 3'
Project Name, Location SECTION 10 73 46 - 1 Date
SECTION 10 73 46
PRE-FABRICATED SITE SHELTERS
PART 1 GENERAL
1.1 SUMMARY
A. Design, fabrication, finishing, and delivery of pre-engineered, factory-fabricated site shelters.
B. Site work related to installation, by Contractor or Owner, including:
1. Unloading and temporary storage, if any.
2. Soil testing, if necessary.
3. Site preparation.
4. Column foundations, rebar, anchor bolts, and anchor embedment.
5. Concrete slab and embedment.
6. Erection.
7. Field touch up painting of factory finishes, if necessary.
C. Site access for delivery vehicles to be provided by Owner.
D. Related Sections: Section 033000 - Cast-In-Place Concrete: Concrete footings and slabs.
1.2 SYSTEM DESCRIPTION
A. Design shall meet or exceed applicable building code.
B. Pre-fabricated package shall include structural steel framing members, pre-cut roof panels, trim,
and fasteners.
C. All bolts shall be hidden, concealed inside the steel tubes.
D. Field labor required to install the pre-fabricated parts. Onsite welding shall not be required or
permitted.
1.3 REFERENCES
A. American Society of Testing Material (ASTM)
1. ASTM A325 - Standard Specification for Structural Bolts, Steel, Heat Treated
2. ASTM A500 - Standard Specification for Cold-Formed Welded and Seamless Carbon Steel
Structural Tubing in Rounds and Shapes
3. ASTM A563 - Standard Specification for Carbons and Alloy Steel Nuts
4. ASTM A572 - Standard Specification for High-Strength Low-Alloy Columbium-Vanadium
Structural Steel
5. ASTM F1554 – Standard Specification for Anchor Bolts, Steel, 36, 55, and 105-ksi Yield
Strength
B. American Institute of Steel Construction (AISC)
Project Name, Location SECTION 10 73 46 - 2 Date
C. American Welding Society (AWS)
D. Steel Structures Painting Council (SSPC); SSPC-SP10 - Near-White Blast Cleaning
E. Leadership in Energy and Environmental Design (LEED)
F. OSHA Standards 29 CFR, Part 1926, Subpart R (Steel Erection), Standard Number 1926.755:
Compliance requires a minimum of four anchor bolts per column.
1.4 QUALITY ASSURANCE
A. Designer Qualifications: Design under direct supervision of a Professional Engineer experienced in
design of this type of work and licensed in the State where the Project is located.
B. Manufacturer Qualifications: Company experienced in design and manufacture of shelters of the
type specified, and having the following:
1. Minimum five years of experience in design and fabrication of pre-fabricated steel shelters.
2. Three references of similar shelters completed within the past year.
3. Fabricator membership in American Institute of Steel Construction (AISC), requiring quality
control documentation and procedures. Provide current AISC shop certification upon
request.
4. All welding to be performed to AWS standards by AWS certified welders. Provide welding
certification upon request.
C. Perform the work in accordance with applicable federal, State, and local building and safety codes
and regulations.
1.5 SUBMITTALS
A. Minimum 5 sets of shop drawings, showing all details of construction, including foundation sizes,
reinforcement, and locations.
1. Provide the licensed professional engineer’s state stamp or seal on the shop drawings.
2. Provide the licensed professional engineer’s state stamp or seal on the structural
calculations.
B. Selection Samples: For each finish product specified, color charts representing manufacturer's full
range of available colors.
C. Warranty
1. Provide minimum five year frame warranty against manufacturer defects.
2. Provide roofing manufacturer’s limited warranty.
1.6 DELIVERY, STORAGE, AND PROTECTION
A. Package factory-finished steel components in foam, cardboard, and stretch wrap to protect the
finish during transit.
Project Name, Location SECTION 10 73 46 - 3 Date
B. Shipped knocked down for minimal shipping charges.
C. Deliver products to project site in manufacturer's protective packaging.
D. Follow shelter manufacturer's recommendations and instructions, including those printed on the
shop drawings. To minimize damage during unloading, use only padded forks or non-marring slings.
E. Store products in manufacturer's unopened packaging well off the ground and covered out of
weather until ready for installation.
PART 2 PRODUCTS
2.1 GENERAL
A. Model: TS-G8-2P-04 as manufactured by RCP Shelters, Inc.
B. Size and dimensions
1. Shape: square
2. Dimensions: 8’ x 8’ reference preliminary drawings
3. Roof Style: gable
4. Roof Pitch: 4:12
5. Eave Height: minimum 7’-6”
6. Quantity: 3
C. Approved Manufacturer: RCP Shelters, Inc.
1. 2100 SE Rays Way, Stuart, FL 34994.
2. Toll Free: 800-525-0207
3. Fax: 772-288-0207
4. Website: www.rcpshelters.com
5. Email: info@rcpshelters.com
D. Substitutions: Products other than specified must request and receive approval in writing by
addendum at least ten (10) days prior to the bid date. See Instructions to Bidders for further
instructions.
2.2 STEEL STRUCTURAL COMPONENTS
A. Structural Framing: fabricated for field assembly using bolted connections with no welding
required or permitted; cold-formed shapes prohibited.
1. Columns & Beams: ASTM A500 Grade C structural steel tube. The following shapes are
prohibited: I-beams, wide-flange beams, C-channels, Z-shapes.
2. Plates: ASTM A572 Grade 50.
3. Compression Ring: steel plate, ASTM A572 Grade 50.
4. Fasteners
a. Bolts: ASTM A325 high strength bolts.
b. Nuts: ASTM A563 high strength nuts.
5. Column Anchors: ASTM F1554 Grade 36, provided by Contractor or Owner, attached to top
of foundation, recessed below slab on grade.
Project Name, Location SECTION 10 73 46 - 4 Date
6. Cap plates: factory bent and field installed with hidden fasteners on hip and ridge beams not
normal to roof so that metal roof deck does not bear structurally on beam corner only
7. Finish: Powder Coat
a. Pre-blast inspection to catch and remove oil, grease, and other coatings impeding
contaminants
b. Steel grit blasted to near white condition in accordance with SSPC-SP10, removing all
oil residue, mil scale, weld spatter, and slag
c. Five stage phosphate wash (includes detergent, phosphate, rust protectant sealant)
d. Epoxy powder coat primer
e. Double topcoat TGIC polyester powder coat; color to be selected from manufacturer’s
standard color chart by Owner.
f. Primer plus finish coats shall be 7-12 mils thick
g. All materials inspected to meet 100% coating, proper cure, film thickness, and impact
resistance
h. Wet-coat alternatives shall not be acceptable.
B. Roof System: Galvalume® structural metal roof panels with exposed fasteners.
1. Acceptable Panel Profiles:
a. Galvalume® panels with 1-1/2” high ribs, 7.2" on center.
2. Panel Gauge: minimum 24-gauge.
3. Panel Width: 3'-0".
4. Panel Length: Precut to the length from the eave to the ridge; angles factory precut.
5. Panel Orientation: Ribs shall run with the pitch of the roof for proper drainage.
6. Trim: Provide matching roof trim and fasteners.
7. Finish: Factory pre-finished with Kynar 500® paint system; color to be selected by Owner
from standard color chart.
PART 3 EXECUTION
3.1 EXAMINATION
A. Verify that site earthwork has been performed as required for satisfactory installation.
3.2 PREPARATION
A. Install footings and column anchors of size, design, and location as specified by shelter
manufacturer on approved shop drawings.
3.3 INSTALLATION
A. Perform installation in accordance with applicable federal, State, and local building and safety
codes.
B. Structural special inspections, if required, are to be arranged and paid for by the Contractor or
Owner.
C. Install shelter in accordance with manufacturer's approved shop drawing and good construction
practices.
Project Name, Location SECTION 10 73 46 - 5 Date
D. Install slab in accordance with shelter manufacturer's shop drawings. Slab perimeter dimensions
determined by Owner.
3.4 CLEANING AND PROTECTION
A. Clean installed work to like-new condition.
B. Protect installed products until completion of project.
C. Touch-up, repair, or replace damaged finishes before Substantial Completion. Touch up paint
provided by manufacturer.
END OF SECTION
Staging Area Possible spoils locaƟon/TBD Peak Court Entrance & Pre‐Con MeeƟng LocaƟon Shelter LocaƟons
1293492.1
APPENDIX