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TO:Honorable Mayor and Members of the City Council
ATTENTION:Ryan Smoot, City Manager
FROM:Len Gorecki, Assistant City Manager/Director of Public Works Kimberly Gonzalez, Public Works Coordinator
SUBJECT:Consideration and possible action to adopt Resolution No. 24-47 – A Resolution approving the Plans and Specifications for the Aquatic Center Outdoor Pool Improvements (Specifications No. 23/24-06), pursuant to Government Code § 830.6, and establishing a project payment account; and authorizing solicitation of bids.
DATE:August 12, 2024
EXECUTIVE SUMMARY
This action would approve the Plans and Specifications, preserve the City’s right to assert design immunity to any claim for damages arising from the design, and authorize the Public Works Department to advertise for bids for the construction of the Aquatic Center Outdoor Pool Improvements (Specifications No. 23/24-06). The award of a contract will be brought before the City Council at a later date for approval.
RECOMMENDATION TO CITY COUNCIL
1) Adopt Resolution No. 24-47; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The Engineer’s estimate of cost plus contingency to perform the work under Specifications No. 22/23-06 is $765,000. Funds are budgeted in Account Nos. 011- 47220-9000 and 030-47220-9000 (Aquatic Center Improvements) in the total amount of $600,000. A budget amendment may be required at the time of the bid award or contract execution from the Park Facilities Fund, General Fund and/or any other viable funding sources.
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Staff Report – Approval of Plans & Specifications for the Aquatic Center Outdoor Pool Improvements, Spec. No. 23/24-06
August 12, 2024
DISCUSSION
This project will be for deck repairs, filter replacements and replastering at the Aquatic Center outdoor pool at Thompson Park. The design and technical specifications for the repairs were prepared by BOA, Inc. and have been approved by the LA County Health Department and the City’s Building & Safety Division. Upon City Council approval of the Plans and Specifications for this project, staff will solicit bids for the construction of the improvements.
CEQA
Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 1 – Existing Facilities).
ATTACHMENTS
Resolution No. 24-47....................................................................................................... 3 Plans & Specifications ..................................................................................................... 5 -2-
CITY OF BELLFLOWER
RESOLUTION NO. 24-47
A RESOLUTION APPROVING THE PLANS AND
SPECIFICATIONS FOR THE AQUATIC CENTER
OUTDOOR POOL IMPROVEMENTS (SPECIFICATIONS
NO. 23/24-06) PURSUANT TO GOVERNMENT CODE
§ 830.6, ESTABLISHING A PROJECT PAYMENT
ACCOUNT; AND AUTHORIZING SOLICITATION OF BIDS
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. The City Council finds and declares as follows:
A.Public Works Department prepared the plans and specifications for the Aquatic Center Outdoor Pool Improvements (“Project”); B.The Director of Public Works reviewed the completed Plans and Specifications for the Project and agrees that the plans and specifications are complete and the Project may be completed; C. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 with regard to the Plans and
Specifications and completion of the Project; and
D. The City reviewed the project’s environmental impacts under the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14 §§ 15000, et seq.). The Project is categorically exempt pursuant to CEQA Guidelines § 15303 (Class 1 – Existing Facilities).
SECTION 2.Design Immunity; Authorization.
A.The Plans and Specifications for the Project are determined to be consistent with the City’s standards and are approved.
B.The Plans and Specifications approval set forth in this Resolution occurred before actual work on the Project construction commenced.
C. The approval granted by this Resolution conforms to the City’s General Plan.
D. The Director of Public Works, or designee, is authorized to act on the City’s behalf in approving any alterations or modifications of the Plans and Specifications approved by this Resolution.
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City of Bellflower
Resolution No. 24-47
E.The approval and authorization granted by this Resolution is intended to avail the City of the immunities set forth in Government Code §830.6.
F.The City Manager, or designee, may solicit bids for the Project in accordance with applicable law.
SECTION 3. Project Payment Account. For purposes of the Contract Documents administering the Project, the City Council directs the City Manager, or designee, to establish a fund containing sufficient monies at the time of contract execution from the current fiscal year budget to pay for the Project (“Project Payment Account”). The Project Payment Account is the sole source of funds available for the Contract Sum, as defined in the Contract Documents administering the Project.
SECTION 4.If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 5.Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code 16.5 Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 6. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower and the City Clerk, or her duly appointed deputy, shall attest thereto.
SECTION 7.This Resolution will become effective immediately upon adoption.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF BELLFLOWER ON THIS 12TH DAY OF AUGUST 2024.
____________________________
Dan Koops, Mayor
ATTEST:
_______________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
_______________________________
Karl H. Berger, City Attorney
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CITY OF BELLFLOWER
BELLFLOWER, CALIFORNIA
PLANS
SPECIFICATIONS
AND CONTRACT DOCUMENTS
FOR THE
AQUATIC CENTER OUTDOOR POOL IMPROVEMENTS
SPECIFICATIONS NO. 23/24-06
PREPARED BY:
CITY OF BELLFLOWER
PUBLIC WORKS DEPARTMENT
16600 CIVIC CENTER DRIVE
BELLFLOWER, CALIFORNIA 90706
(562) 804-1424
For questions regarding these Bid Specifications
or project, please contact:
Project Manager: Steve Gose
(562) 804-1424, ext. 2256
BIDS DUE: THURSDAY, SEPTEMBER 12, 2024 at 11:00 AM
These plans and specifications are the exclusive property of the City of Bellflower and shall not be used in any manner without prior consent of the City of Bellflower. Any reuse of these plans and specifications by others shall be at other’s sole risk and without liability to the City of Bellflower. -5-
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CITY OF BELLFLOWER
AQUATIC CENTER OUTDOOR POOL IMPROVEMENTS
SPECIFICATIONS NO. 23/24-06
SECTION 1 -TABLE OF CONTENTS
SECTION PAGE
NOTICE INVITING SEALED BIDS ............................................................................. N-1 BIDDING INSTRUCTIONS .......................................................................................... I-1 BID DOCUMENTS (All Bid Documents must be submitted by bid date) Bidder’s Statement of Past Contract Disqualifications ................................................. B-1 Insurance Requirements .............................................................................................. B-2 Bid ................................................................................................................................ B-4 Project Bid Sheet.......................................................................................................... B-5 Bid Bond ....................................................................................................................... B-7 List of Subcontractors ................................................................................................... B-8 Bidders General Information ........................................................................................ B-9 Worker’s Compensation Insurance Certificate ........................................................... B-11 Non Collusion Declaration .......................................................................................... B-15
CONTRACT DOCUMENTS
Agreement ................................................................................................................... C-1 Faithful Performance Bond ...................................................................................... FPB-1 Labor and Materials Bond .................................................................................... L&MB-1 Declaration of Sufficiency of Funds……………………………………………………..DSF-1 GUARANTY ................................................................................................................ G-1 STANDARD SPECIFICATIONS ................................................................................ SS-1 PCC § 9204 .................................................................................................... ATTACHED TECHNICAL PROVISIONS ........................................................................................TP-1 -6-
N-1
NOTICE INVITING SEALED BIDS
FOR THE AQUATIC CENTER OUTDOOR POOL IMPROVEMENTS
IN THE CITY OF BELLFLOWER
SPECIFICATIONS NO. 23/24-06
The City of Bellflower is accepting sealed bids in the City Clerk’s office, 16600 Civic Center Drive, Bellflower, CA 90706, until 11:00 a.m. on:
THURSDAY, SEPTEMBER12, 2024
at which time they will be publicly opened. Bids will not be accepted after that time.
As described in the Bidding Documents, the bids are for a public works project (“Project”) which consists of an AQUATIC CENTER OUTDOOR POOL IMPROVEMENTS and related work as shown on the plans on file with the City’s Public Works Department. The Engineer’s Estimate of cost is $765,000. Bids will be publicly opened on Thursday, September 12, 2024.
Work on the Project must be performed in strict conformity with Specification No. 23/24- 06 as adopted by the City’s City Council on August 12, 2024, which is filed with the City’s Public Works Department. Copies of these plans and specifications may be obtained by prospective bidders from the Public Works Department, 9944 Flora Vista Street, Bellflower, CA 90706 for a non-refundable fee of $35.00. Plans and specifications can be mailed for an additional non-refundable fee of $10.00 per set.
Mandatory jobsite walk will be held Thursday, August 29, 2024 at 10:30 AM at 14001 Bellflower Blvd., Bellflower, CA 90706. Prospective bidders will have opportunity to examine the project site and are encouraged to raise any questions associated with the project and site. Attendance of the jobsite walk is mandatory for parties wishing to submit a bid as the Prime Contractor.
The terms and conditions for bidding on the Project are described in the attached Bidding Instructions which can be found at www.bellflower.org .
This project requires payment of State prevailing rates of wages for Los Angeles County.
The contractor must post copies of the prevailing schedule at each job site. Copies of these rates of wages are available from the State of California Department of Industrial Relations Prevailing Wage Unit, Telephone No. (415) 703-4774. The website for this agency is currently located at www.dir.ca.gov .
Note that the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. Pursuant to California law, the City must find bids failing to comply with all applicable Labor Code requirements including, without limitation, Labor Code §§ 1725.5 and 1771.4, to be nonresponsive. -7-
Notice Inviting Sealed Bids
Specifications No. 23/24-06
N-2
[IF APPLICABLE: The contractor to whom the contract is awarded must assist in locating, qualifying, hiring and increasing the skills of minority group employees and applicants for employment, as set forth in Executive Order 11246 and 11375.] Five percent (5%) will be deducted from each progress payment and retained by the City.
The remainder less the amount of all previous payments will be paid to the Contractor.
Pursuant to Public Contracts Code (“PCC”) § 22300, the Contractor may substitute securities for retention monies held by the City or request that the City place such monies into an escrow account. The Contractor is notified, pursuant to PCC § 22300, any such election will be at the Contractor own expense and will include costs incurred by the City to accommodate the Contractor’s request.
DATED this 12th day of August 2024.
CITY OF BELLFLOWER, CALIFORNIA
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BIDDING INSTRUCTIONS
Specifications No. 23/24-06
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CITY OF BELLFLOWER
AQUATIC CENTER OUTDOOR POOL IMPROVEMENTS
SPECIFICATIONS NO. 23/24-06
BIDDING INSTRUCTIONS
1 DEFINITIONS. Unless provided otherwise, the definitions in the Greenbook, Special Conditions, or other Contract Documents are applicable to all Bidding Documents.
1.1 “Addenda” means written or graphic instruments issued by the City before the Bid Deadline that modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections.
1.2 “Alternate” means a proposed change in the Work, as described in the Bidding Documents which, if accepted, may result in a change to either the Contract Sum or the Contract Time, or both.
1.3 “Bid Deadline” means the date and time designated in the Notice for Bids as the last date and time for receipt of Bids, as may be revised by Addenda.
1.4 “Bidder” means a person or firm that submits a Bid.
1.5 “Bidding Documents” means the construction documents prepared and issued for bidding purposes including all Addenda.
1.6 “Lump Sum Base Bid” means the sum stated in the Bid for which Bidder offers to perform the Work described in the Bidding Documents, but not including unit price items or Alternates.
1.7 “Unit Price” means an amount stated in the Bid for which Bidder offers to perform the Unit Price Work for a fixed price per unit of measurement. 2 BIDDER’S REPRESENTATIONS.By making its Bid, Bidder represents that:
2.1 Bidder read, understood, and made the Bid pursuant to the requirements in the Bidding Documents.
2.2 Bidder visited the Project site and is familiar with the conditions under which the Work will be performed and the local conditions as related to the Contract Documents.
2.3 The Bid is based upon the materials, equipment, and systems required by the Bidding Documents.
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2.4 Bidder and all Subcontractors, regardless of tier, have the appropriate current licenses issued by the State of California Contractor’s State License Board for the Work to be performed. If Bidder is a joint venture, the Bidder will have a joint venture license appropriate for the performance of the work, and each member of the joint venture will likewise have the appropriate license. Business and Professions Code §§ 7000-7191 establish licensing requirements for contractors.
If a Bidder, that is a specialty contractor, submits a Bid involving 3 or more specialized building trades, the work of which is more than incidental and supplemental to the performance of the Work for which Bidder holds a specialty contractor license, Bidder must also hold either (1) a specialty contractor “C” license in each such trade, (2) a General Engineering contractor “A” license, or (3) a General Building contractor “B” license. This requirement is applicable whether or not Bidder lists a Subcontractor for each such trade.
2.5 If licensure or proper licensure is controverted, then proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from the Contractors' State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during the performance of any act or contract covered by the action.
Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the licensee.
2.6 Bidder has the expertise and financial capacity to perform and complete all obligations under the Bidding Documents.
2.7 The person executing the Bid Form is duly authorized and empowered to execute the Bid Form on Bidder’s behalf.
2.8 Bidder is aware of and, if awarded the Contract, will comply with Applicable Code Requirements in its performance of the Work.
2.9 The Bidder has paid the City’s business license fee(s). 3 BIDDING DOCUMENTS.
3.1 Bidders may obtain complete sets of the Bidding Documents from the City’s Public Works Department for the sum stated in the Notice for Bids.
3.2 Bidders will use a complete set of Bidding Documents in preparing Bids.
3.3 The City makes copies of the Bidding Documents available, on the above terms, for the sole purpose of obtaining Bids for the Work and does not confer a license or grant permission for any other use of the Bidding Documents. -10-
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3.4 CARB IUOR Fleet Certification. Bidders must submit a completed California Air Resources Board In-Use Off-Road Diesel-Fueled Fleets Certification, with Bidder’s Certificate of Reported Compliance included if applicable. City will reject a bid from a Bidder that does not indicate conformance to the California Air Resources Board (“CARB”) In-Use Off- Road Diesel-Fueled Fleets requirements (13 Cal. Code of Regs. sections 2449, 2449.1 and 2449.2).
4 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS.
4.1 Before submitting its Bid, Bidder will carefully study and compare the various documents comprising the Bidding Documents and compare them with any other work being bid concurrently or presently under construction which relates to the Work for which the Bid is submitted; will examine the Project site, the conditions under which the Work is to be performed, and the local conditions; and will at once report to the City’s Representative errors, inconsistencies, or ambiguities discovered.
4.2 Requests for clarification or interpretation of the Bidding Documents will be addressed to the City’s Representative and must be received at least seven (7) days prior to the date of receipt of bids. No request shall be taken within the six (6) days prior to bid opening.
4.3 Clarifications, interpretations, corrections, and changes to the Bidding Documents will be made by Addenda. Clarifications, interpretations, corrections, and changes to the Bidding Documents made in any other manner will not be binding and Bidders will not rely upon them.
5 PRODUCT SUBSTITUTIONS.No substitutions will be considered before award of Contract. Substitutions will only be considered after award of the Contract and as provided for in the Contract Documents.
6 SUBCONTRACTORS.
6.1 Each Bidder will list in the Bid Form all first-tier Subcontractors that will perform work, labor or render such services. The Bid Form contains spaces for the following information when listing Subcontractors: (1) Work Activity; (2) name of Subcontractor; (3) city of Subcontractor’s business location. Failure to list any of these items on the Bid Form will result in the City treating the Bid as if no Subcontractor was listed for the Work and that Bidder represents to the City that it is fully qualified to perform that portion of the Work and will perform do so.
6.2 Subcontractors listed in the Bid Form will only be substituted after the Bid Deadline with the City’s written consent in accordance with California law. 7 ADDENDA.
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7.1 Addenda will be in writing and issued only by the City. Addenda will be mailed or delivered to all who are known by the City to have received a complete set of Bidding Documents and who have provided a street address for receipt of Addenda.
7.2 Copies of Addenda will be made available for inspection at the City’s Public Works Department.
7.3 The City will issue Addenda so that they are received by prospective Bidders not later than three (3) business days before the Bid Deadline. Addenda that withdraw the request for Bids or postpone the Bid Deadline may be issued any time before the Bid Deadline.
7.4 Each Bidder is responsible for ensuring that it has received all issued Addenda before issuing a Bid.
8 PRE-BID CONFERENCE. Bidder will attend a Pre-Bid Conference where the City will discuss the Bidding Documents, answer questions, accept comments, and conduct a Project site visit. The City requires all Pre-Bid Conference attendees to arrive for the meeting on time and to sign an attendance list which is used to determine if Bidders meet this requirement. Any Bidder not attending the Pre-Bid Conference in its entirety will be deemed to have not complied with the requirements of the Bidding Documents and its Bid will be rejected. 9 FORM AND STYLE OF BIDS
9.1 Bids will be submitted on the Bid Form included with the Bidding Documents.
Bids not submitted on the City’s Bid Form will be rejected.
9.2 All blanks on the Bid Form will be filled in legibly in ink or by typewriter.
9.3 Bidder’s failure to submit a price for any Alternate or unit price will result in the Bid being considered as nonresponsive. If Alternates are called for and no change in the Lump Sum Base Bid is required, enter “No Change.”
9.4 Each Bidder must fill out the “Bidders Statement of Past Contract Disqualifica- tions” form stating any and all instances of contract disqualifications due to a violation of a law or safety regulation. The Bidder must explain the circumstances of each disqualification. The City may reject the bid based on such information.
9.5 Bidder will make no stipulations on the Bid Form nor qualify the Bid in any manner.
9.6 The Bids will be based upon full completion of all the Work as shown on the plans and specifications. It is expressly understood that the plans are drawn with as much accuracy as is possible in advance, but should errors, omissions or discrepancies exist in the plans which show conditions that vary from those encountered in construction, the Bidder (if awarded the Contract) specifically -12-
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agrees to construct a completed work ready for the use and in the manner which is intended. In the event of increasing or decreasing of work, the total amount of work actually done or materials or equipment furnished must be paid for according to the unit or lump sum price established for such work under the contract, wherever such unit or lump sum price has been established. In the event no prices are named in the contract to cover such changes or alterations, the cost of such changes must be covered as extra work.
9.7 The Bid Form will be signed by a person or persons legally authorized to bind Bidder to a contract. Bidder’s Representative will sign and date the Declaration included in the Bid Form. Failure to sign and date the declaration will cause the Bid to be rejected.
10 BID SECURITY
10.1 Each Bid will be accompanied by Bid Security, in the amount of 10% of the Lump Sum Base Bid as security for Bidder’s obligation to enter into a Contract with the City on the terms stated in the Bid Form and to furnish all items required by the Bidding Documents. Bid Security will be a Bid Bond on the form provided by the City or a certified check made payable to “City of Bellflower.” When a Bond is used for Bid Security, failure to use the City’s Bid Bond form will result in the rejection of the Bid.
10.2 If the apparent lowest responsible Bidder fails to sign the Agreement and furnish all items required by the Bidding Documents within the time limits specified in these Instructions to Bidders, the City will disqualify such Bidder and select the next apparent lowest responsible Bidder until all bids have been exhausted or the City may reject all bids. In such an event, the disqualified Bidder will be liable for and forfeit to the City the amount of the difference, not to exceed the amount of the Bid Security, between the amount of the disqualified Bid and the larger amount for which the City procures the Work.
10.3 If a Bid Bond is submitted and an attorney-in-fact executes the Bid Bond on behalf of the surety, a notarized and current copy of the power of attorney will be affixed to the Bid Bond. The surety issuing the Bid Bond will be listed in the latest published State of California, Department of Insurance list of, “Insurers Admitted to Transact Surety Insurance in This State.”
10.4 The City will retain Bid Security until the occurrence of one of the following:
10.4.1 All items required by the Bidding Documents have been furnished and the Agreement has been signed by the successful Bidder and the City.
10.4.2 The specified time has elapsed during which Bids may be withdrawn.
10.4.3 All Bids have been rejected.
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10.5 The Bid Form, Bid Security, and all other documents required to be submitted with the Bid will be enclosed in a sealed opaque envelope. The envelope will be addressed to the City Clerk. The envelope will be identified with the AQUATIC CENTER OUTDOOR POOL IMPROVEMENTS, Bidder’s name and address, and, if applicable, the designated portion of the Project for which the Bid is submitted.
If the Bid is sent by mail, the sealed envelope will be enclosed in a separate mailing envelope labeled as follows: “SEALED BID ENCLOSED.”
10.6 Bids will be deposited at the designated location on or before the Bid Deadline. A Bid received after the Bid Deadline will be returned to Bidder unopened.
10.7 Bidder will assume full responsibility for timely delivery at the location designated for receipt of Bids.
10.8 Oral, telephonic, facsimile, or telegraphic Bids are invalid and will not be accepted.
11 MODIFICATION OR WITHDRAWAL OF BID.
11.1 Before the Bid Deadline, a submitted Bid may be modified or withdrawn.
Notice of such action will be given to the City in writing and signed by the Bidder’s authorized representative. A change so made will be so worded as not to reveal the amount of the original Bid.
11.2 A withdrawn Bid may be resubmitted up to the Bid Deadline, provided that it then fully complies with the Bidding Requirements.
11.3 Bid Security will be in an amount sufficient for the Bid as modified or resubmitted.
11.4 Bids may not be modified, withdrawn, or canceled within sixty (60) days after the Bid Deadline unless otherwise provided in Supplementary Instructions to Bidders.
12 OPENING OF BIDS.Bids submitted in the manner required by these instructions and are received on or before the Bid Deadline will be opened publicly. 13 REJECTION OF BIDS.
13.1 The City will have the right to reject all Bids.
13.2 The City will have the right to reject any Bid not accompanied by the required Bid Security or any other item required by the Bidding Documents, or a Bid which is in any other way materially incomplete or irregular. -14-
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14 AWARD
14.1 The City may retain all bids for a period of sixty (60) days for examination and comparison, and to delete any portion of the work from the contract.
14.2 The City will have the right to waive nonmaterial irregularities in a Bid and to accept the lowest responsive Bid as determined by The City.
14.3 The City will have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents.
14.4 The City will determine the low Bidder on the basis of the sum of the Lump Sum Base Bid plus all unit prices multiplied by their respective estimated quantities as stated in the Bid Form, if any, plus the Contractor Delay Damages multiplied by the “multiplier” as stated in the Bid Form, plus the amounts of all accepted Alternates.
14.4.1 Inclusion of Contractor Delay Damages within the Bid Form is solely for the purpose of determining the low bidder and establishing the City’s maximum daily liability as a result of City delays to Contractor, if any, and City has no obligation to pay any daily Contractor Delay Damages except as provided for in these Contract Documents for Compensable Delays. In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Proposal Form or Contractor’s actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents.
14.5 The City will select the apparent lowest responsive and responsible Bidder and notify such Bidder within thirty (30) days (unless number of days is modified in Supplementary Instructions to Bidders) after the Bid Deadline or reject all bids.
Within ten (10) days after receiving the City’s notice that Bidder was selected as the apparent lowest responsible Bidder, Bidder will submit to the City all of the following items:
14.5.1 Three originals of the Agreement signed by Bidder.
14.5.2 Three originals of the Labor and Materials Bond.
14.5.3 Three originals of the Faithful Performance Bond.
14.5.4 Certificates of Insurance on form provided by the City.
14.5.5 Names of all Subcontractors, with their addresses, telephone number, facsimile number, trade on Bidders’ company stationery. Evidence, as required by the City, of the reliability and responsibility of the proposed Subcontractors such as statements of experience, statements of financial condition, and references.
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14.5.6 Preliminary Contract Schedule.
14.5.7 Selection of Retention Options and Escrow Agreement for Deposit of Securities in Lieu of Retention and Deposit of Retention. If not submitted, the City will withhold retention.
14.5.8 Cost Breakdown.
14.6 Before award of the Contract, the City will notify Bidder in writing, if the City objects to a Subcontractor proposed by Bidder, in which case Bidder will propose a substitute acceptable to the City. Failure of the City to object to a proposed Subcontractor before award will not preclude the City from requiring replacement of any Subcontractor based upon information received subsequent to award, information which cannot be properly evaluated before award due to time constraints, or information relating to a failure to comply with the requirements of the Contract.
14.7 If Bidder submits the three original signed Agreements and all other items within ten (10) days after receiving the City’s notification, and all such items comply with the requirements of the Bidding Documents, the City will award the Contract to Bidder by signing the Agreement and returning a signed copy of the Agreement to Bidder.
14.8 If the City consents to the withdrawal of the Bid of the apparent lowest responsible Bidder, or the apparent lowest responsible Bidder fails or refuses to sign the Agreement or submit to the City all of the items required by the Bidding Documents, within ten (10) days after receiving the City’s notification, or the City determines that the Bidder is not financially or otherwise qualified to perform the Contract, the City may reject such Bidder’s Bid and select the next apparent lowest responsible Bidder, until all bids are exhausted, or reject all Bids. -16-
PROPOSAL
Specifications No. 23/24-06
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PROPOSAL
AQUATIC CENTER OUTDOOR POOL IMPROVEMENTS
BIDDER’S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
Please state all instances of being disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state, or local government project due to a violation of a law or safety regulation.
1.Have you ever been disqualified from any government contract? Yes o No o
2.If yes, explain the circumstances:
_________________________________
Bidder’s Signature
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PROPOSAL
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INSURANCE REQUIREMENTS
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]
To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial general liability:$2,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement.
Commercial general liability insurance must meet or exceed the requirements of ISO- CGL Form No. CG 00 01 11 85 or 88, or equivalent. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
The bidder must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.” Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. Unless otherwised authorized by the City, the bidder will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” in any notice provisions. Determinations regarding compliance with the Bellflower Insurance Policies are made by the City Manager, or designee.
Should a bidder seek to utilize an umbrella insurance policy to meet the City’s insurance requirements, then it must submit a copy of its insurance policy with its bid. Such insurance policy may be labeled “Confidential – Proprietary Information” and will be utilized by the City solely to determine whether the insurance is equivalent to that required by the City’s Insurance Policies.
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PROPOSAL
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B-3
By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City’s contractor. Failure to return this form may render the bidder’s proposal “nonresponsive.” _____________________________________________
Date Bidder
-19-
PROPOSAL
Specifications No. 23/24-06
B-4
BID
BID TO: CITY OF BELLFLOWER, CALIFORNIA
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 if the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled:
FOR CONSTRUCTION OF
AQUATIC CENTER OUTDOOR POOL IMPROVEMENTS
IN THE CITY OF BELLFLOWER
SPECIFICATION NO. 23/24-06
Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security.
This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents.
Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged):
Number ______________Date ____________________
Number ______________Date ____________________
Number ______________Date ____________________
Number ______________Date ____________________
Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary.
In conformance with the current statutory requirements of Labor Code § 1860,et seq., the undersigned confirms the following as its certification:
I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract.
To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s).
Dated: ______________________________Bidder:
By:
(Signature)
Title:
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PROPOSAL
Specifications No. 23/24-06
B-5
UNIT PRICE BID SCHEDULE A
Schedule of Prices for the Construction of the:
AQUATIC CENTER OUTDOOR POOL IMPROVEMENTS
SPECIFICATIONS NO. 23/24-06
in Bellflower, California
Item
No.Description Estimated
Quantity Unit Price Total
Amount
1.Mobilization (Cannot exceed 5% of Total
Bid Price)1 LS
2.Remove existing pool deck slab; complete 1 LS
3.Install new pool deck slab; complete 1 LS
4.Remove and reinstall all existing equipment
sleeves and rope anchors; complete 1 LS
5.Install new tile markings; complete 1 LS
6.Remove plaster at entire pool; complete 1 LS
7.Install new plaster at entire pool, including
new drain covers; complete 1 LS
8. Remove and reinstall existing diving board
in same location with new hardware bolts
and anchors to match existing, complete.
1 LS
9. Install new grab rail sleeves into pool deck
slab to match existing and install new grab
rails at (6) locations; complete
1 LS
10.Install new starting blocks into existing
reinstalled anchors; complete 1 LS
11.Replace all pool deck floor drains and
concrete slab around floor drains; complete 1 LS
12. Install new EPD-FRP 13.5 Sqf Sand Filter
Tanks. Includes backwash valves,
backwash lines to the sanitary sewer and
supply, drain, and vent piping; complete
1 LS
13. Remove existing slab under Sand Filter
Tanks in Pool Equipment Room and install
new 12” thick slab; complete
1 LS
Name of Bidder or Firm
TOTAL BID PRICE – FOR SCHEDULE A
For the lump sum of
$
(Price in figures)
(Price in words)
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PROPOSAL
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QUANTITIES OF WORK:
The quantities of work or material stated in the unit price items of the Bid Schedule are supplied only to give an indication of the general scope of the Work. The City of Bellflower does not expressly or by implication agree that the actual amounts of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price bid item, by an amount up to 25 percent of increase or decrease, without a change in the unit prices, and may delete any bid item in its entirety, and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work.
Name of Bidder or Firm
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PROPOSAL
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BID BOND
KNOW ALL MEN BY THESE PRESENTS: That we ___________________________ __________________________________________________________________, Principal, and________________________________________________________________________ __________________________________________________________, Surety, are held and firmly bound unto
THE CITY OF BELLFLOWER Obligee,
in the sum of Ten Percent of the total amount of the Bid for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents.
WHERAS, Principal submitted or is about to submit a bid or proposal to Obligee on a contract for
AQUATIC CENTER OUTDOOR POOL IMPROVEMENTS
NOW, THEREFORE, if that contract be awarded to the principal and principal shall, within such time as specified, duly execute the contract in the prescribed form and deliver the same to obligee with all required bonds/performance securities, certificates of insurance and such other items as required in the bidding or contract documents then this obligation is null and void; otherwise, to remain in full force and effect, and if the contract is awarded to principal and principal fails, within the time specified, to duly execute the contract in the prescribed form and deliver the same to obligee with all said required items, then surety shall pay obligee the full sum of this bond.
Surety, for value received, hereby agrees that no extension of time, change, alteration, modification, or addition to the bidding or contract documents, or of the work required thereunder, shall release or exonerate surety on this bond or in any way affect the obligation of this bond; and surety does hereby waive notice of same.
Signed, sealed and dated
_______________________________________________
(Principal)
by________________________________________(Seal)
_______________________________________________
(Surety)
by_____________________________________________
Attorney-in-Fact
INDICATE COMPLETE ADDRESS OF SURETY TO WHICH
CORRESPONDENCE CONCERNING THIS BOND SHOULD BE
DIRECTED.
Telephone No.
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PROPOSAL
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B-8
PROPOSAL
_________________________________________________________ List of Subcontractors and Off-Job Fabricators
Listing must comply with the provisions of Public Contract Code § 4104.
Name of Subcontractor
or Off-Job Fabricator
Contractor’s License No.
DIR Registration No.
Business Address
Telephone No.
Email address
Items of Work and Dollar
Amount
If more space is needed, attach additional sheets.
Public Contract Code § 4104 provides that bidders must list:
(a)(1) The name, the location of the place of business, and the California contractor license number of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid 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 of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater.
Per Public Contract Code §4104, Contractor’s bidding on public projects are required to list above California contractor license numbers and DIR registration numbers for all subcontractor’s performing work in excess of one-half of one-percent of the contract’s value. -24-
PROPOSAL
Specifications No. 23/24-06
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BIDDER'S GENERAL INFORMATION
The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non- responsive and will cause its rejection. Additional sheets may be attached as required.
1. BIDDER/CONTRACTOR'S Name and Street Address:
2.CONTRACTOR'S Telephone Number: ()
Facsimile Number:()
Email address:
3.CONTRACTOR'S License: Primary Classification
State License Number(s)
Supplemental License Classifications
Department of Industrial Relations (DIR) Registration No. _______________________________
4. Surety Company and Agent who will provide the required Bonds on this Contract:
Name of Surety
Address
Surety Company Agent
Telephone Numbers: Agent () Surety ()
5.Type of Firm (Individual, Partnership or Corporation):
6.Corporation organized under the laws of the State of:
7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm:
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BIDDER'S GENERAL INFORMATION (Continued)
8. Number of years’ experience as a contractor in this specific type of construction work:
9. List at least three related projects of comparable size and complexity completed to date:
1.Owner
Contact
Phone ()
Project ()
Address
Class of Work
Contract amount
Date completed
2.Owner
Contact
Phone ()
Project ()
Address
Class of Work
Contract amount
Date completed
3.Owner
Contact
Phone ()
Project ()
Address
Class of Work
Contract amount
Date completed
10. List the name and title of the person who will supervise full-time the proposed work for your firm:
11. Is full-time supervisor an employee contract services ?
12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer.
13. Name of the person who inspected the site of the proposed Work for the bidder:
Name: Date of Inspection:
-26-
PROPOSAL
Specifications No. 23/24-06
B-11
WORKERS’ COMPENSATION CERTIFICATE
(AS REQUIRED BY LABOR CODE § 1861)
I am aware of Labor Code § 3700 which requires every employer to be insured against liability for workers’ compensation, or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.
Contractor
By
Title
-27-
PROPOSAL
Specifications No. 23/24-06
B-12
DOCUMENT 00 4548
IN-USE OFF-ROAD DIESEL-FUELED FLEETS
CERTIFICATION
TO BE EXECUTED BY ALL BIDDERS AND SUBMITTED WITH BID
The undersigned Bidder certifies to City as set forth in sections 1 through 2, below.
1.Certification of Compliance. I certify that I and all of my Subcontractors will conform to the California Air Resource Board (CARB) In-Use Off-Road Diesel-Fueled Fleets requirements for all work involving the use of vehicles subject to the regulations, including, without limitation, as applicable, the Contracting Requirements in 13 Cal.
Code of Regs section 2449, subdivision (i), subparts (1) – (4), and the Prime Contractor Requirements in Title 13 CCR section 2449, subdivision (j), subparts (1) – (5).
2.Instructions. Check one (1) box below.
☐Bidder’s current CARB issued Certificate of Reported Compliance accompanies this Certification. (If this box is checked, the Certificate must be provided.)
☐Bidder certifies that its work on the Project (including work of its Subcontractors) does not involve the use of vehicles subject to the CARB In-Use Off-Road Diesel-Fueled Fleets requirements.
BIDDER:
(Name of Bidder)
Date: ___________________, 2024 By:
(Signature)
Name:
(Print Name)
Its:
(Title)
END OF DOCUMENT
-28-
PROPOSAL
Specifications No. 23/24-06
B-13
DOCUMENT 00 7324
IN-USE OFF-ROAD DIESEL-FUELED FLEETS REGULATION
Attention is directed to provisions of 13 California Code of Regulations Sections 2449, 2449.1, and 2449.2 governing In-Use Off-Road Diesel-Fueled Fleets (Regulation), issued by the California Air Resources Board (CARB). Contractor warrants that it is knowledgeable of and will comply with the Regulation including, without limitation, the matters contained in this Document, at all times before and during its work on the Project. The Regulation controls in the event of any conflict between this Document and the Regulation.
Contracting Requirements.
If the Project involves the use of vehicles subject to the Regulation, Contractor must obtain copies of the valid Certificates of Reported Compliance, as described in Regulation section 2449(n), for the fleet selected for the Contract and its listed subcontractors, if applicable, prior to entering into a new or renewed contract with that fleet.
Contractor may not enter into a contract with a fleet for which it does not have a valid Certificate of Reported Compliance for the fleet and Contractor’s listed Subcontractors, if applicable, prior to entering into a new or renewed contract with that fleet.
The Certificates of Reported Compliance received by the Contractor for the Project must be retained for three years after the Project’s completion. Upon request by CARB, these records must be provided to CARB within five business days of the request.
If the Project is considered to be an emergency operation, as defined in Regulation section 2449(c)(18), it is exempt from the requirements in Regulation section 2449(i)(1)-(3).
Nevertheless, Contractor must still retain records verifying vehicles subject to the Regulation that are operating on the emergency operations project are actually being operated on the project for emergency operations only. These records must include a description of the emergency, the address or a description of the specific location of the emergency, the dates on which the emergency operations were performed, and an attestation by the fleet that the vehicles are operated on the project for emergency operations only.
Other Contractor Requirements.
Between March 1 and June 1 of each year, Contractor must collect new valid Certificates of Reported Compliance for the current compliance year, as defined in Regulation section 2449(n), from all fleets that have an ongoing contract with the Contractor as of March 1 of that year. Contractor must not write contracts to evade this requirement.
Contractor may only allow fleets with valid Certificates of Reported Compliance on Contractor’s job sites.
If Contractor discovers that any fleet intending to operate vehicles subject to the Regulation for Contractor does not have a valid Certificate of Reported Compliance, as defined in Regulation section 2449(n), or if Contractor observes any noncompliant vehicles subject to the Regulation on Contractor’s job site, then Contractor must report the required -29-
PROPOSAL
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B-14
information to CARB when as provided and within the time period contained in in the Regulation
Upon request by CARB, Contractor must immediately disclose to CARB the name and contact information of each responsible party for all vehicles subject to the Regulation operating at the job site or for Contractor.
If applicable, Contractor must prominently display signage for any project where vehicles subject to the Regulation as provided and within the time period contained in in the Regulation.
END OF DOCUMENT
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PROPOSAL
Specifications No. 23/24-06
B-15
NON COLLUSION DECLARATION TO BE EXECUTED
BY
BIDDER AND SUBMITTED WITH BID
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]. ___________________________
Signature
-31-
Agreement
Specifications No. 23/24-06
C-1
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF BELLFLOWER AND
This CONTRACT is entered into this day of , 20 , by and between the CITY OF BELLFLOWER, a general law city and municipal corporation (“the City”) and (“the Contractor”).
1.WORK.
A. The Contractor will provide all work required by the Contract Documents (the “Work”). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents.
D. “Contract Documents” means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings.
2.CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed dollars ($ ) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents.
3.TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within ninety (90) working days (the “Contract Time.”)
B. The Contract Time will commence when the City issues a notice to proceed. -32-
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The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract.
C. The Contractor may not perform any Work until:
i.The Contractor furnishes proof of insurance as required by the Contract Documents; and
ii.The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed.
D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor’s own cost and risk.
4.DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13.
5.THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third-party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims.
Such notification will be in writing and forwarded in accordance with the “Notice” section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third- party claim.
6.TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number.
7.PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work.
8.OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City’s property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City’s written notice.
9.INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by -33-
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the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification.
10.INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only.
11.AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents.
12.NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
The City The Contractor
Len Gorecki, Director of Public Works
16600 Civic Center Drive
Bellflower, CA
[email protected]
Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
13.NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.
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14.INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County.
15.EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.
16.SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect.
17.AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City’s city manager, or designee, may execute any such amendment on the City’s behalf.
18.ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.
19.COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph.
20.CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract.
21.TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.
[SIGNATURES CONTINUED ON NEXT PAGE]
-35-
Agreement
Specifications No. 23/24-06
C-5
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF BELLFLOWER _______
_____________________________________________________________ Ryan Smoot,
City Manager
_____________________________
ATTEST:
_____________________________Taxpayer ID No. _______________ Mayra Ochiqui,
City Clerk
APPROVED AS TO FORM:
_________________________________
Karl H. Berger,
City Attorney
-36-
Faithful Performance Bond
Specifications No. 23/24-06
FPB-1
CITY OF BELLFLOWER
AQUATIC CENTER OUTDOOR POOL IMPROVEMENTS
SPECIFICATIONS NO. 23/24-06
FAITHFUL PERFORMANCE BOND
Bond No.
Bond Fee:
(“PRINCIPAL”)
and , a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety (“SURETY”), are held and firmly bound unto the CITY OF BELLFLOWER (“CITY”) in the sum of ($ )dollars, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument.
PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond,SPECIFICATIONS NO. 23/24-06, and the public works contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default.
SECTION 2 - BOND CONDITIONS
1.PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. 23/24-06, a copy of which is on file with CITY’s Public Works Department (“Public Project”).
Such performance will be in accordance with CITY’s plans and profiles which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY’s Public Works Department. CITY has estimated the required amount of the bond as shown above.
2.PRINCIPAL’s work on the Public Project will be done in accordance with CITY’s plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor.
3.PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project’s completion and acceptance by CITY.
4.This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the Bellflower Municipal Code (“BMC”). -37-
Faithful Performance Bond
Specifications No. 23/24-06
FPB-2
5.SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. 23/24-06 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed.
6.This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference:
A.A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so;
B.A certificate issued by the county clerk for the county in which SURETY’s representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY’s certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and
7.Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL’s obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect.
SIGNED AND SEALED this day of , 20__.
PRINCIPAL’s PRESIDENT SURETY’s PRESIDENT
PRINCIPAL’s SECRETARY SURETY’s SECRETARY
PRINCIPAL’s MAILING ADDRESS:SURETY’s MAILING ADDRESS:
NOTE:ALL signatures must be acknowledged by a notary public. -38-
Labor and Materials Bond
Specifications No. 23/24-06
L&MB-1
CITY OF BELLFLOWER
AQUATIC CENTER OUTDOOR POOL IMPROVEMENTS
SPECIFICATIONS NO. 23/24-06
LABOR AND MATERIALS BOND
Bond No.
Bond Fee:
, as principal (“PRINCIPAL”)
and , a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety (“SURETY”), are held and firmly bound unto the CITY OF BELLFLOWER (“CITY”) in the sum of ($ ) dollars, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument.
This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL’S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in SPECIFICATIONS NO. 23/24-06 (“Public Project”), the public works contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default.
BOND CONDITIONS
1.PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. 23/24-06, and the public works contract executed for such Specifications, copies of which is on file with CITY’s Public Works Department (“Public Project”). Such performance will be in accordance with CITY’s plans and profiles which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY’s Public Works Department.
2.PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment.
3.PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon.
4.This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the Bellflower Municipal Code (“BMC”). -39-
Labor and Materials Bond
Specifications No. 23/24-06
L&MB-2
5.SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. 23/24-06, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed.
6.This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference:
A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and
B. A certificate issued by the county clerk for the county in which SURETY’s representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY’s certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted.
7.Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL’s obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect.
SIGNED AND SEALED this day of , 20__.
PRINCIPAL’s PRESIDENT SURETY’s PRESIDENT
PRINCIPAL’s SECRETARY SURETY’s SECRETARY
PRINCIPAL’s MAILING ADDRESS:SURETY’s MAILING ADDRESS:
NOTE:ALL signatures must be acknowledged by a notary public. -40-
Declaration of Sufficiency of Funds
Specifications No. 23/24-06
DSF-1
DECLARATION OF SUFFICIENCY OF FUNDS
(California Labor Code Section 2810)
I, the undersigned, an authorized representative of ________________ (insert name of Bidder) (“Bidder”) with authority to make the statements contained in this Declaration on behalf of Bidder, hereby declare the following:
1.The Bidder’s employer identification number for state tax purposes is ______________________ (insert identification number).
2.The Bidder’s workers’ compensation insurance policy number is ______________________ (insert policy number) and the name, address, and telephone number of the insurance carrier providing said insurance is:
__________________________________ (insert information requested).
3.The following information is provided concerning any and all vehicles that are owned by the Bidder and that will be used for transportation in connection with any service provided for the performance of the Work that is subject of the Bidder’s Bid to the District (insert information requested.
Attach addition sheets, if needed):
Vehicle Vehicle ID No.
Vehicle
Liability Insurance Policy
No.
(of Policy covering vehicle)
Name, Address and Telephone No.
of Vehicle Liability Insurance
Carrier (issuing Policy covering
vehicle)
-41-
Declaration of Sufficiency of Funds
Specifications No. 23/24-06
DSF-2
4.The following is the address of any real property that will be used to house workers in connection with the performance of the Work that is subject of the Bidder’s Bid to the District (insert information requested. If no such housing will be provided, enter “none”). ___________________________.
5.The actual or estimated number of workers that will be employed to perform the Work of the Project that is the subject of the Bidder’s Bid, the total amount of wages to be paid to said workers, and the date on which said wages will be paid are as follows (attach additional sheets, if needed):
Total Number of Workers Total Amount of Wages Dates for Payment of Wages
6.Check only one of the following boxes, as applicable:
The statement of number of workers declared in Paragraph 5, above, is a statement of the actual number of workers that will be employed; or The actual number of workers requested in Paragraph 5, above, is unknown and therefore the statement of number of workers declared therein is based on the Bidder’s best estimate available at the time of Bid, rather than the actual number of workers that will be employed.
7.The actual or estimated total number of persons and entities who will be utilized as independent contractors to perform the Work of the Project that is the subject of the Bidder’s Bid (together with their known, current local, state, and federal contractor license identification numbers that each is required to have under local, state or federal laws or regulations are as follows (attach additional sheets, if needed):
List of Independent Contractors Current, Local, State and Federal Contractor License Identification Number
8.Check only one of the following boxes, as applicable:-42-
Declaration of Sufficiency of Funds
Specifications No. 23/24-06
DSF-3
The statement of number of independent contractors declared in Paragraph 7, above, is a statement of the actual number of independent contractors that will be utilized; or,
The actual number of independent contractors requested in Paragraph 7, above, is unknown and therefore the statement of number of independent contractors declared therein is based on the Bidder’s best estimate available at the time of Bid, rather than the actual number of independent contractors that will be utilized.
I, the undersigned, declare under penalty of perjury that the foregoing statements are within my personal knowledge and are true and correct. Executed on this ______ day of ______________, in the year 20___.
_____________________________________
_____________________________________
Print Name
-43-
Guaranty
Specifications No. 23/24-06
G-1
CITY OF BELLFLOWER
AQUATIC CENTER OUTDOOR POOL IMPROVEMENTS
SPECIFICATIONS NO. 23/24-06
GUARANTY
In accordance with the terms of the contract for the ______________________ in the City of Bellflower (the “Contract”) approved ______________________________ between the City of Bellflower (the “Agency”) and the undersigned (the “Contractor”), under which the Contractor shall complete work as described in the Contract Documents (as defined in the Contract), the following guarantee of said work is hereby made.
If any of the items installed pursuant to the Contract, prove defective or if the item, as a whole, proves defective, due to faulty workmanship, material furnished or methods of installation, or if the said item or any part thereof fails to operate properly, as planned, due to any of the above causes, all within one (1) year after date on which the work is accepted by the Agency, then the undersigned agrees the repairs shall be made and such materials as are necessary shall be furnished and installed within thirty (30) days after the receipt of demand from the Agency; provided, that if the Contract Documents require a longer guaranty period, then the longer period shall apply. In the event repairs are not made within thirty (30) days, the Agency shall have the unqualified option to make any needed repairs or replacements itself or by any other contractor.
The Contractor agrees to reimburse the Agency, upon demand, of its expenses incurred in restoring said items to the condition contemplated in the Contract, including the cost of any equipment or materials replaced, or upon demand by the Agency, to replace any such equipment and repair said items completely without cost to the Agency so that they will operate successfully as originally contemplated.
Emergency repairs must necessarily be made by the Agency; therefore, when defective material or workmanship results in emergency repairs, the undersigned agrees to reimburse the Agency, upon demand, expenses incurred.
Each item will be deemed defective within the meaning of this guaranty in the event that item fails to operate as originally intended thereof and in accordance with the plans and specifications included in the Contract. The Faithful Performance Bond required for the Contract shall remain in full force and effect for the entire first year of the applicable guarantee period. _____________________________________________________________ Date (Print Name of Contractor, Company or Corporation) ________________________________
Signature
-44-
Standard Specifications
Specifications No. 23/24-06
SS-1
CITY OF BELLFLOWER
PUBLIC WORKS DEPARTMENT
STANDARD SPECIFICATIONS
Except as modified by these Standard Specifications, the provisions of the latest edition of the “Standard Specifications for Public Works Construction” (“Greenbook”) and its supplements prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, constitute the Standard Specifications for this project.THESE STANDARD
SPECIFICATIONS ARE INTENDED TO, AND DO, TAKE PRECEDENCE OVER ANY CONFLICTING PROVISION OF THE GREENBOOK.
1. NUMBERING OF SECTIONS
The numbering of these Standard Specifications is NOT intended to conform with the Greenbook. Rather, the numbering is specific for these Standard Specifications. As noted at the outset, however, the provisions contained within these Standard Specifications supersede any conflicting clauses within the Greenbook and govern the contractual relationship between the Parties.
2. MODIFICATIONS
To the extent that the provisions of the Contract Documents conflict with the Green Book, the Contract Documents take precedence.
3. DEFINITIONS
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in these Standard Specifications.
Acceptance – The date on which the City Council accepts the Work as complete.
Architect, Design Engineers, Soils Engineer, Structural Engineers – Advisors employed by the City.
Bidder – Any individual, firm, partnership, corporation, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.
Compensable Delay – a delay entitling the Contractor to an adjustment of the Contract Sum and an adjustment of the Contract Time in accordance with this Agreement.
Due Notice – A written notification, given in due time, of a proposed action where such notification is required by the contract to be given a specified interval of time (usually 48 hours or two working days) before the commencement of the contemplated action. -45-
Standard Specifications
Specifications No. 23/24-06
SS-2
Notification may be from Public Works Director to Contractor or from Contractor to Public Works Director.
Public Works Director – The City Public Works Director, or designee, as defined in the Greenbook. Unless otherwise provided, all correspondence and decisions made relative to the contract will be by the City Public Works Director or designee.
PCC – California Public Contract Code.
Prompt – The briefest interval of time required for a considered reply, including time required for approval of a governing body.