Agenda Item B.5
CPMS CONSENT CALENDAR
Meeting Date: April 5, 2022
____________________________________________________________
TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
CONTACT: Debbie Talarico, Project Manager
SUBJECT: Approval of Plans and Specifications and Authorization to Adve rtise for Bids for the Crosswalk at Calle Real / Fairview Center Pedestrian Hybrid Beacon (Project No. 9099)
RECOMMENDATION:
A. Approve Plans and Specifications for the Crosswalk at Calle Real / Fairview Center Pedestrian Hybrid Beacon Project; and
B. Authorize staff to advertise a notice inviting bids for the Crosswalk at Calle Real / Fairview Center Pedestrian Hybrid Beacon Project.
BACKGROUND:
The Crosswalk at Calle Real / Fairview Center Pedestrian Hybrid Beacon Project addresses existing pedestrian crossing patterns to/from the Fai rview Avenue overcrossing on the south side of Calle Real to destinations to/from the north side of Calle Real. An existing pedestrian/bicycle path leads from Fairview A venue directly down to Calle Real and outlets across the street from a popular commercial destination. There is no pedestrian or bicycle crossing of Calle Real at this location. The project is included in the FY 2021/2022 City of Goleta Budget and is identified as CIP Project No. 9099.
On February 1, 2019, staff applied for a Cycle 4 Measure A South Coast Safe Routes to School Program Grant for pedestrian improvements. In June 2019, the Santa Barbara County Association of Governments (SBCAG) awarded Measure A Gra nt funding to the City in the amount of $297,500 with the funds requested in Fiscal Year 2020/21.
DISCUSSION:
The Crosswalk at Calle Real / Fairview Center Pedestrian Hybrid Beacon Project will provide a bicycle and pedestrian crossing on Calle Real approxi mately 550 feet west of the Fairview Avenue intersection near the Fairview Center. A Pe destrian Hybrid Beacon (PHB) will be constructed to enhance safety and improve visibil ity for bicyclists and
Meeting Date: April 5, 2022
pedestrians. The installation of a formalized crosswalk address es existing crossing patterns from the Fairview Avenue overcrossing on the south to destinations to the north including schools, services, and the Fairview Shopping Center. The Project will provide a controlled and visible crossing to facilitate bicycle and pedestrian crossings on Calle Real.
The Crosswalk at Calle Real / Fairview Center Pedestrian Hybrid Beacon Project will include construction of Pedestrian Hybrid Beacon (PHB) signals on poles with mast-arms, developing a power supply, and installing pedestrian push butto ns, new crosswalk striping, and signage, including PHB warning and control signage. In addition to the PHB, the Project will install “activated” Blank-Out Signs to control vehicular traffic turning out of driveways. The Project will construct Americans with Disabiliti es Accessibilities (ADA) ramps at the crossing location.
The Project supports the following strategies, goals and objectives of the Strategic Plan:
x Strengthen infrastructure
x Maintain a safe community
x Ensure equity, inclusion, and a ccess in City programs, services and activities
On December 3, 2019, City Council approved a “short list” of pr e-qualified design consultants valid for up to three years. The short list was com piled based on Requests for Qualifications (RFQ) and went through an evaluation process . Staff selected Stantec Consulting Services, Inc. as a qualified consultant for design of this project and negotiated a scope of work.
In September 2020, the City entered into Professional Design Services Agreement 2020- 075 with Stantec Consultant Services, Inc. to provide design for the project. Public Works in collaboration with Stantec, has completed design of the proj ect plans and specifications. The Goleta Municipal code (GMC), Section 3.05.2 10(A) and Section
3.05.170(C), requires City Council authorization prior to publi cation of a notice inviting bids for construction project in excess of $200,000. The projec t team is prepared to go out to bid for the subject project upon City Council’s approval and authorization. A notice to invite construction bids will be published in the public newspaper, posted on the City’s website, and uploaded onto the City’s PlanetBids portal. Public Works anticipates returning to City Council with a proposed construction contract for award in late Spring 2021.
The plans and specifications for the project consist of the plan sheets, bid documents, the City general provisions, and project special provisions. The sp ecifications also incorporate by reference the City adopted engineering standards , Greenbook Standard Specifications and Standard Plans for Public Works Construction (current edition including applicable amendments), Caltrans Standard Plans and S pecifications (current edition), Occupational Safety and Health Administration (OSHA) regulations, the California Manual of Uniform Traffic Control Devices (CMUTCD), and the Caltrans Construction Manual. The full set of plans and contract specifi cations is attached and is also available for review upon request by contacting the Public Works Department. Public Works recommends that the City Council approve these plans and specifications and authorize staff to advertise for construction bids for the project.
Meeting Date: April 5, 2022
FISCAL IMPACTS:
Project Cost Estimates
Project Components Estimated
Costs
Funding Source Funding
Amounts
Staff $31,325 Measure A Grant (206) $297,500
Design (Stantec) $60,000 Measure A (205) $153,800
Environmental Review
(Consultant)
$2,000
Estimated Appropriation
Request at time of
Construction Contract
Award
3 $252,525
ROW Acquisition N/A
ROW Engineering N/A
Construction2 $500,000
Construction
Contingency
2 $50,000
CM (Consultant)1,2 $60,000
Total: $703,325 Total: $703,325
1Construction Management includes construction manager, inspection, and material testing services.
2Cost for the construction phase are based on Engineer’s Estimate inflated to take into account the current situation of rising costs and recent high bid results. 3Actual required appropriation will be determined once bidding is closed and results are in.
Project Funding
There is approximately $379,000 of construction funds (57071) currently available for the Project in Measure A and Measure A Grant. Based on current estimate factoring in recent high bids received for similar type projects, funding adjustmen ts are likely necessary for the construction phase including construction management, inspe ction, material testing, and staff time. Following the receipt of the bids, Public Works will request an additional appropriation, if necessary, at the time that the contract is r ecommended for award.
Funding for additional construction costs will most likely be available in Measure A funds left over from recently completed projects.
The following table summarizes the FY 21/22 current project budget amounts and funding source accounts:
Meeting Date: April 5, 2022
The amounts in the table above are specific to the project budget in FY 21/22 only. The total project cost estimates are summarized in the first table above under the Project Cost Estimates section.
ALTERNATIVES:
The City Council may elect to not approve the plans and specifications and not authorize staff to advertise for construction bids for this project. Doin g so would delay the construction of the project and may jeopardize grant funding.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Michelle Greene
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Final Plans and Specifications Calle Real/Fairview PHB Project Name: CIP No. 9099 Crosswalk at Calle Real Fairview Center - PHB Account Fund Type FY 21-22
Current
Budget
YTD Actual/
Encumbrance
Available
Balance
206-90-9099-
57071
Measure A –
Other
$248,795 $- $248,795
206-90-9099-
57070
Measure A –
Other
$25,596 $25,596 $-
205-90-9099-
57071
Measure A $128,927 $8,927 $120,000
205-90-9099-
57070
Measure A $24,906 $14,443 $10,463
Total $428,224 $48,966 $379,258
ATTACHMENT 1
Final Plans and Specifications for Calle Real / Fairview PHB
CITY OF GOLETA
CROSSWALK AT
CALLE REAL / FAIRVIEW CENTER -
PEDESTRIAN HYBRID BEACON (PHB)
TO BE SUPPLEMENTED BY STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION "GREENBOOK" DATED 2018 STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION "GREENBOOK" DATED 2018 CALTRANS 2018 STANDARD PLANS
AND SANTA BARBARA COUNTY STANDARD DETAILS DATED SEPTEMBER 2011 PROJECT NO. 9099
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CITY OF GOLETA
CONTRACT BIDDING DOCUMENTS
SPECIFICATIONS AND STANDARD DRAWINGS
FOR THE
CROSSWALK AT CALLE REAL / FAIRVIEW CENTER -
PEDESTRIAN HYBRID BEACON (PHB)
Project No. 9099
By _____________________/
Charles W. Ebeling,
Public Works Director
Project Number: 9099
Bid Number: Bid Opening: May 19, 2022 @ 3:00 P.M.
For use with Greenbook Standard Specifications and Standard Plans 2018 Edition (including applicable amendments)
CROSSWALK AT CALLE REAL / FAIRVIEW CENTER - PEDESTRIAN HYBRID BEACON (PHB) PROJECT NO. 9099
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CROSSWALK AT CALLE REAL / FAIRVIEW CENTER - PEDESTRIAN HYBRID BEACON (PHB) PROJECT NO. 9099
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TABLE OF CONTENTS
This contract shall be in conformance with the Standard Specification for Public Works Construction, 2018 Edition (SSPWS or Greenbook 2018) (including amendments current as of the date of the Notice Inviting Sealed Bids, which are incorporated by reference) and supplements with CALTRANS STANDARD SPECIFICATIONS, 2015 EDITION
SECTION
A. NOTICE INVITI NG SEALED BIDS ...................................................................................... A-1
B. BIDDING INS TRUCTIONS .................................................................................................. B-1
1. ATTACHMENT A TO BIDDING INSTR UCTIONS – EQUAL SUBSTITUTION REQUEST FORM……………………………………………………………………………B-11
C. PROPOSAL .................................................. ...................................................................... C-1
BIDDING SHEET ................................................................................................................. C-5
D. CONTRACT ................................................... ...................................................................... D-1
1. CONTRACT…………………………………………………………………………………….D-1
2. PERFORMANCE BOND FORM……………………………………………………………D-14
3. PAYMENT BOND FORM……………………………………………………………………D-20
E. CITY GENERA L PROVISIONS ........................................................................................... E-1 Division I – GENERAL PROVISIONS…………………………………………………………….……E-2 Section 1 – General…………………………………………………………………………...…E-2
Section 2 – Scope of Work………………………………………………………………...……E-2 Section 3 – Control of Work………………..…………………………………………………...E-3 Section 4 – Control of Materials……………………………………………………………......E-4 Section 5 – Legal Relations and Responsibilities……………………………………….……E-4 Section 6 – Prosecution and Progress of the Work…………………………………….…….E-6 Section 7 – Measurement and Payment…………………………………………….……..….E-8
Progress Payment Request Form ...................................................................... E-10 Progress Payment Request – Detail Form ......................................................... E-11 Quantity Change Verification Form .................................................................... E-12
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Final Release Payment Form ............................................................................. E-13 Post-Construction Waste Reduction & Recycling Summary Report Form ......... E-14 Acknowledgement of Final Closeout and Release of Claims Form .................... E-15 Section 8 – [Not used]………………..…………………………………………………….….E-19 Section 9 – Claim Resolution Process……………………………………………………….E-19 Section 10 – Potential Claims and Dispute Resolution………………………………….…E-19
F. CITY SPECIAL PROVISIONS ............................................................................................. F-1
APPENDICES
A. Standards
1. City of Goleta Standards / C ounty of Santa Barbara Standard Plans
2. Green Book Standard Plans
3. Caltrans Standard Plans
4. Sample Door Hanger
5. Temporary No Parking Sign
B. Water Pollution Control Plan (WPCP)
C. Prevailing Wage Rates
D. School Zone Work Hour Restriction Map
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SECTION A NOTICE INVITING SEALED BIDS
NOTICE INVITING SEALED BIDS
FOR THE
CROSSWALK AT CALLE REAL / FAIRVIEW CENTER - PEDESTRIAN HYBRID BEACON (PHB) PROJECT NO. 9099
130 Cremona Drive, Suite B, City of Goleta, CA
PUBLIC NOTICE IS HEREBY GIVEN that the City of Goleta (“CITY”), invites sealed bids for the above stated project and will receive such bids via electronic transmission on the City of Goleta PlanetBids portal site until 3:00 P.M., May 19, 2022 , and will be publicly opened and posted promptly thereafter. Copies of t he Contract Documents and Speci fications are available from the CITY, 130 Cremona Drive, Suite B , Goleta, California 93117 upon payment of a $50.00 non- refundable fee if picked up, or payment of a $60.00 non-refundable fee, if mailed or no payment to CITY if obtained from the CITY website at http://www.cityofgoleta.org/i-want-to/view/city-bid- opportunities.
The work includes all labor, material, supervision, plant and equipment necessary to construct and deliver a finished CROSSWALK AT CALLE REAL / FAIRVIEW CENTER - PEDESTRIAN HYBRID B E A C O N ( P H B ) P R O J E C T N O . 9 0 9 9 . Work includes construction of a new Pedestrian Hybrid Beacon (PHB) signal-controlled crosswalk with mast arms, develo ping a power supply, installing pedestrian push buttons, construc ting ADA accessible ramps, new crosswalk striping, pavement markings and installing applicab le PHB warning and control sign age. Night-work is required for project activities that will impact traffic at the intersection of Calle Real and Fairview Avenue, such as but not limited to, demoliti on, reconstruction of driveways, and striping. The contract period is Forty (40) Working Days. This contract period excludes time for equipment procurement and coordination with outside agencies, such as Southern California Edison (SCE). Coordination and scheduling of new service with SC E shall be Contractor’s respon sibility, and reasonable project schedule impacts shall be negotiated with the Agency as needed.
A Pre-Bid Meeting is not scheduled for this project.
Bidders must be registered on the City of Goleta’s PlanetBids portal in order to receive addendum notifications and to submit a bid. Go to PlanetBids for bid results and awards. It is the responsibility of the bidder to submit the bid with sufficient time to be received by PlanetBids prior to the bid opening date and time. Allow time for tech nical difficulties, uploading , and unexpected delays. Late or incomplete bids will not be accepted.
The bid must be accompanied by a bid security in the form of a money order, a certified cashier’s check, or bidder’s bond executed by an admitted surety, made pa yable to CITY. The bid security shall be an amount equal to ten percent (10%) of the total annu al bid amount included with their proposals as required by California law.
Note: All bids must be accompanied by a scanned copy of the bid security uploaded to PlanetBids.
The original security of the three (3) lowest bidders must be mailed or submitted to the office of the City Clerk at 130 Cremona Drive, Suite B, Goleta, California 93117, in a sealed envelope and be received or postmarked within three (3) City business days after the bid due date and time for the bid to be considered. The sealed enve lope should be plainly marked on the outside, “SEALED BID
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SECURITY FOR CROSSWALK AT CALLE REAL / FAIRVIEW CENTER - PEDESTRIAN HYBRID BEACON (PHB) PROJECT NO. 9099.”
The Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) per California Labor Code Section 1771.4, inclu ding prevailing wage rates and apprenticeship employment standards. Affirmative action to ensu re against discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, or religion will also be required. The CITY hereby affi rmatively ensures that all bus iness enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national ori gin, ancestry, sex, or religi on in any consideration leading to the award of contract.
A contract may only be awarded to the lowest responsive and responsible bidder that holds a valid Class “A” Contractor’s license, Class “C” Electrical specialty, or specialty licensing in accordance with the provisions of the California Business and Professions Code.
The successful Bidder will be required to furnish a Performance Bond and a Payment Bond each in an amount equal to 100% of the Contract Price. Each bond shall be in the forms set forth herein, shall be secured from a surety company that meets all State of California bonding requirements, as defined in Code of Civil Procedur e Section 995.120, and that is a California admitted surety insurer.
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid pr oposal, or enter into a contrac t to perform public work must be registered with the DIR. No Bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the Proj ect. Failure to provide proof o f the contractor’s current registration pursuant to Labor Code Section 1725.5 may result in rejection of the bid as non-responsive.
Pursuant to Public Contract Code section 22300, the successful bidder may substitute certain securities for funds withheld by CITY to ensure performance und er the Contract or, in the alternative, request the CITY to make payment of retention to an escrow agent.
Any protest to an intended award of this contract shall be made in writing addressed to the City Clerk prior to the award. Any protest may be considered and act ed on by the City Council at the time noticed for award of the contract. To request a copy of the notice of agenda for award, please contact the City Clerk (805) 961-7505 or register on the CITY’s website (www.cityofgoleta.org).
For information relating to the details of this Project and bid ding requirements contact Debbie Talarico in writing at [email protected].
CITY OF GOLETA
_____________________________
Deborah S. Lopez, City Clerk
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Published:
Santa Barbara Independent: April 14, 2022 and April 28, 2022
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SECTION B BIDDING INSTRUCTIONS
1. DEFINITIONS. Unless provided otherwise, the definitions in the contract docu ments are applicable to all bidding documents.
1.1 “Addenda” means written or graphic instruments issued by th e City before the bid deadline that modify or interpret the bidding documents by addi tions, deletions, clarifications, or corrections.
1.2 “Alternate” means an amount sta ted in the Bid for which the B i d d e r o f f e r s t o perform the Work described in the Bidding Documents as Alternat e Work, to be added or deducted from the Total Base Bid, which shall be the C ontractor’s responsibility if the City accepts the Alternate Bid Item.
1.3 “Bid Deadline” means the date and time designated in the no tice inviting sealed 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/Contract Document s” means the Contract, Addenda, N otice Inviting Sealed Bids, bidding instructions, Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notic e of Completion) when attached as an exhibit to the Contract, the Bonds, permits from jurisdictional regulatory agencies, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Spec ifications, Change Orders, and Su pplemental Agreements.
1.6 “Contract Price” means the to tal aggregate amount of the Co ntractor’s bid price based on the estimated quantities listed in the Bidding Sheet a s set forth in the award of the Contract approved by the City Council, subject to adjustment for variances in quantities and changes pursuant to Change Orders e xecuted in accordance with the Contract Documents.
1.7 “Inspector” means the person designated by the engineer to ensure specification compliance.
1.8 “Total 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 alternates.
1.9 “Unit or Contract Unit Pric e” means an amount entered in th e bid by bidder or a “Contract Item” price establishe d by the City in the bid, as a price per unit of measurement for payment for materials, equipment or services in cluding taxes, supervision, overhead and profit for a portion of the work described in the Contract Documents.
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2. BIDDER’S REPRESENTATIONS. By making its bid, bidder represents that:
2.1 Bidder has read, understood, and made the bid pursuant to t he requirements in the Contract Documents.
2.2 The Bidder, at its sole cost and expense, has carefully exa mined the Contract Documents and visited the Project site to become fully acquaint ed with the local site conditions affecting the Work to be performed including tr ansportation, disposal, handling, and storage of materials.
2.3 The bid and the Contract Uni t Prices bid are based upon the labor, materials, equipment, and systems required by the Contract Documents.
2.4 Bidder and all subcontractor s, regardless of tier, have the appropriate registrations and current licenses issued by the State of California Contract or’s State License Board and Department of Industrial Relations (DIR) for the Work to be performed.
If bidder is a joint venture, the bidder will have a joint vent ure license appropriate for the performance of the Work, and each member of the joint venture will likewise have the appropriate license. Bus iness 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 or (2 ) a general engineering contractor “A” license. This requirement is applica ble whether or not bidder lists a subcontractor for each such trade.
2.5 Bidder shall have the experti se, including the Responsible Managing Officer (RMO) for the Contractor Company, demonstrating a minimum of th ree (3) years' experience successfully performing projects of the same type, m agnitude, and character of the work bid, and financial capacity to perform an d complete all obligations under the Contract D ocuments. The person executing the bid form is duly authorized and empowered to execute the bid form on bidder’s behalf.
2.7 Bidder is aware of and, if awarded the contract, will comply with legal requirements in its performance of the Work.
2.8 Bidder is aware of and, if identified as the apparent lowes t responsible bidder, would be required to pay City business license fee(s).
2.9 Bidder shall not damage or endanger and shall preserve and protect adjacent properties.
2.10 Bidder has familiarized itse lf with the staging and mater ial storage constraints of the Project site and surrounding buildings and will confine its staging and storage operations to approved areas.
2.11 Bidder will coordinate its construction activities with th e other contractors and utility companies performing work on the Project site, if any, including, but not limited to, any separate contractor retained by the City.
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2.12 Bidder has checked the figur es set forth in the bid schedule and understands that neither the City nor any officer or employee therefore will be responsible for any misunderstandings, errors, or omissions on the part of the Bidder in submitting its Bid. The failure of a Bidder to receive or examine any of the B idding Documents or to inspect the site shall not relieve such Bidder from any obligation with respect to the Bid, the Contract, or the Work required under the Contract Documents.
3. CONTRACT DOCUMENTS.
3.1. Bidders may obtain complete sets of the Contract Documents from PlanetBids, the City of Goleta website, or the City’s Public Works Department f or the sum stated in the notice inviting sealed bids.
3.2. Bidders will use a complet e set of Contract Documents in preparing bids.
3.3. The City makes copies of th e Contract Documents available, on the above terms, for the sole purpose of obtaining bids for the Work and does no t confer a license or grant permission for any other use of the Contract Documents.
3.4. The City does not assume any liability or responsibility based on any defective or incomplete copying, excerpting, scanning, faxing, downloading, or printing of the Bidding Documents.
4. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS.
4.1. Before submitting its bid, bidder will carefully study and compare the various documents comprising the Contract Documents and compare them with any other work being bid concurrently or pr esently under construction whi ch relates to the Work for which the bid is submitted; will examine the project s ite, the conditions under which the Work is to be performed, and the local conditions; and will at once report to the City’s representativ e errors, inconsistencies, or ambiguities discovered. The drawings and specifications contained in these Contract Documents do not constitute a r epresentation or warranty that a ny conditions shown therein actually exist. A ll soil and test hole data, grou ndwater elevations, and soil analyses shown on the Plans or included in the Special Provisions apply only at the location of the test holes and to the depths indicated.
4.2. Bidder requests for clarifi cation or interpretation of the Contract Documents will be addressed to the City’s representative at least five (5) calendar days before the bid deadline.
4.3. Clarifications, interpret ations, corrections, and changes to the Contract Documents will only be made by addenda. Purported clarifications, interpretations, corrections, and changes to the Contract Doc uments made in any other manner will not be binding and bidders will not rely upon them.
5. PRODUCT SUBSTITUTIONS. No requests for product substitutions will be considered before award of contract unless requested through the Request f or Information (RFI) process so that all bidder s will be informed. Bidders wis hing to obtain authorization for an or equal subs titution of an equivalent mat erial, product or equipment, shall submit all requests for or equal substitution using the form
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included as Attachment A to these Bidding Instruct ions, together with data substantiating Bidder’s representat ion that the non-specified i tem is of equal quality to the item. Requests for product substitutions not handled through the RFI process will only be considered af ter award of the contract and in the manner provided for in the contract doc uments. Authorization of an equ al substitution of equivalent materials is solely within the discretion of the City and, if given, shall be made by Addendum or Change Order issued by the City. Bids shall not be based on any or equal substitution request that has not been authorized in writing by City Addendum. In the absence of a wri tten Addendum authorizing a pre-Bid or equal substitution request, the request shall be deemed denied.
6. SUBCONTRACTORS.
6.1. Each bidder will list in the bid form all first-tier subco ntractors that will perform work, labor or render such services in excess of ½ of one percent of the total bid of the total bid or $10,000, whichever i s greater. The bid form contai ns spaces for the following information when listing subcontractors: (1) work act ivity; (2) name of subcontractor; (3) city of subc ontractor’s business location; ( 4) California contractor’s license number, and (5) DIR public works contracto r registration number. An inadvertent error in listing the California contract or’s license number or public works contractor registration number shall not be grounds for filing a bid protest or grounds for considerin g the bid nonresponsive if the corrected contractor's license number is submitted to the City by the Bidder within 24 hours after the bid opening and provi ded the corrected contractor's l icense number corresponds to the submitted name and location for that subcont ractor. Failure to list any of these other 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 rep resents to the City that it is fully qualified to perform that portion of the Work and will so perform such Work.
6.2. Substitution of subcontractors after the bid deadline who are listed in the bid form will only be allowed with the Cit y’s written consent and in acc ordance with California law.
7. ADDENDA.
7.1. Before the Bid Deadline, the City may modify the Work, the Bidding Documents or any portion(s) thereof by the issuance of written addenda. Adde nda will be in writing and issued only by the City.
7.2. Addenda will be posted to the City’s website, PlanetBids, and distributed to certain plan rooms. Addenda will be mailed or delivered to all who are known by the City to have received a complete set of Contract Documents and who have provided a mailing address for receipt of addenda.
7.3. Copies of addenda will be made available for inspection at the City’s Public Works Department.
7.4. The City will issue addenda so that they are received by p rospective bidders not less than three (3) business days before the bid deadline. Addenda that withdraw
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the request for bids or postpone the bid deadline may be issued any time before the bid deadline.
7.5. Each bidder is responsible f or ensuring that it has receiv ed all issued addenda before submitting a bid. All bidd ers are required to acknowledg e and confirm receipt of each and every addendum in their Bid Proposal Form. Failure to acknowledge all Addenda may resu lt in a Bid being deemed nonres ponsive and not eligible for award of the Contract.
8. NOT USED
9. FORM AND STYLE OF BIDS.
9.1. Bids will be submitted on t he bid form included with the Contract Documents. Bids not submitted on the City’s bid form will be rejected.
9.2. Bidder’s failure to submi t a price for any alternate or unit price will result in the bid being considered as non-responsive. If alternates are called for and no change in the lump sum base bid is required, enter “no change.”
9.3. Each bidder must fill out t he “bidders statement of past contract disqualifications” form stating any and all instances of contract disqualifications due to a violation of a law or safety regulation. The bidder must explain the circums tances of each disqualification.
9.4. Bidder will make no stipulat ions on the bid form nor qualify the bid in any manner.
9.5. The bids will be based upon full completion of all the Work as shown on the plans and specifications. It is expr essly understood that the plans a re drawn with as much accuracy as is possible in advance, but should errors, omi ssions or discrepancies exist in the plans which show conditions that var y from those encountered in construction, the bi dder (if awarded the contrac t) specifically agrees to construct a completed Work ready for the use and in t he manner which is intended.
9.6. 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 of eligibility to contract 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 must be accompani ed by bid security, in the amount of 10% of the Total Base Bid on the base Contract Wor k, excluding any Alternate Bid Items, 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 Contract Documents.
All bids must be accompanied by a scanned copy of the bid secur ity uploaded to PlanetBids. The original security of the three (3) apparent lowest bidders must be mailed to the office of the City Clerk at 130 Cremona Drive, Su ite B, Goleta, California 93117, in a sealed envelope and be received within t hree (3) City
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business days of the bid due date and time for the bid to be considered. The sealed envelope should be plainly marked on the outside identifying the names as shown in the notice inviting sealed bids.
10.2. If the apparent lowest responsible bidder fails to sign t he contract and furnish all items required by the bidding do cuments within the time limits specified in these bidding instructions, the City may reject such bidder and select the next apparent lowest responsible bidder until all bids have been exhausted or the City may reject all bids. In the event the bid is rejected, such 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 disqua lified bid and the larger amoun t for which the City procures the Work. The City may also use the bid security to cover the cost of rebidding the project.
10.3. If a bid bond is submitted and an attorney-in-fact execut es 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 must be admitted to provide surety within the State of California.
10.4. The City will reta in the bid security until the occurrence of one of the following:
10.4.1 All items required by t he bidding documents have been fu rnished and the contract 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.
11. BID DELIVERY.
11.1 The bid form, bid security, and all other documents requir ed to be submitted with the bid must be submitted via electronic transmission on the Ci ty of Goleta PlanetBids portal site.
11.2 Bidders must be registered on the City of Goleta’s PlanetB ids portal in order to submit a bid. Go to PlanetBids for bid results and awards. It is the responsibility of the bidder to submit the bid with sufficient time to be received by PlanetBids prior to the bid opening date and time. Allow time for technical diff iculties, uploading, and unexpected delays. Late or incomplete bids will not be accepted.
11.3 Bid Security shall be submitted in accordance with Section 10. “Bid Security” above and per the notice inviting sealed bids.
12. MODIFICATION OR WITHDRAWAL OF BID.
12.1. Bids may not be modified, withdrawn, or canceled within one hundred twenty (120) days after the bid deadline unless otherwise provided in any su pplementary instructions to bidders. The bidde r shall be prohibited from fu rther bidding on the project and the bid bond shall be forfeited. The City, at its d iscretion, may award the bid to the next responsive and responsible bidder. In the event the next bidder refuses to enter into the contract, that bidder’s bid bond shall then be forfeited.
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13. OPENING OF BIDS.
13.1 Bids submitted in the manner required by these instruction s and received on or before the bid deadline will be opened publicly.
14. EVALUATION AND REJECTION OF BIDS.
14.1. Bidders will be evaluated for responsiveness and responsi bility based on bid proposal information provided i n the bid documents under “desig nation of subcontractors” and bidder’s references.”
14.2. A responsive Bid is a Bid that conforms, in all material respects, to these Instructions to Bidders. Non-responsive Bids will be rejected.
14.3. A responsible bidder means a bidder who has demonstrated the attributes of trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform fully the requirements of the Contract Bidding Documents and th e moral and business integrity and reliability that will assure good faith performance in the sole discretion of the County. Any determination of a bidder’s non-responsibility by the City shall be based on the fitness and capacity of the bidder t o satisfactorily perform the obligations of the Contract, whether or not the bid der is qualified to perform those obligations, whether or not the bidder is trustworthy, and such other bases as may be relevant.
14.4. In addition to other provisions of the Bidding Documents, upon the request of the City, a bidder whose Bid is under consideration for the award of the Contract shall promptly submit satisfactory ev idence to City showing the bidde r’s financial resources, experience in the fie ld, and organization and other factors evidencing bidder’s ability to successfully execute and complete the Contract.
14.5. The City reserves the right to reject any or all bids and to waive discrepancies, irregularities, informalities, or any other error in the bid or bidding, when to do so seems to best serve the public interest. The right of the City to waive errors applies even if the Bidding Documents state that a discrepancy, irregularity, informality, or other error make a bid nonresponsive, so long as the error does not constitute a material error. The City reserves the right, in its sole discre tion, to: judge the bidder’s representations as stated in the Bid forms and any post-Bid information to determine whether or not bidder is qualified to perform the Work; be the sole judge regarding the suitability of t he products, services, or supplie s offered; to not purchase all items or the full quantity of each item listed in the Bid Item List; reject any or all Bids; waive any deficiencies, irregularities, or informalities in any Bids or in the bidding process; modify, cancel, or withdraw the Notice Inviting Sealed Bids; issue a new Notice Inviting Sealed Bids; suspend or abandon the Project; seek the assistance of outside technical experts in Bid evaluation; requ ire a bidder to provide a guarantee (or guarantees) of the Contract by a third party; and not issue a Notice to Proceed after execution of the Contract. In submitting a Bid in response to the Notice Inviting Sealed Bids, the bidder is specifically acknowledging the City holds these rights. The Notice Inviting Sealed Bids does not co mmit the City to enter into a Contract, to reject, in its sole discretion, all B ids, nor does it obligate the City pay for any costs incurred by bidders in preparation a nd submission of a
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Bid or in anticipation of a Contract. By submitting a Bid, the bidder disclaims any right to be paid for such costs.
14.6. The City may reject any bid not accompanied by the requir ed bid security or any other item required by the biddi ng documents, or a bid which is in any other way materially incomplete, irregular or not responsive to the bid r equest in the sole determination of the City.
15. AWARD.
A. The City may retain all bids for a period of one hundred twe nty (120) days for examination and comparison, and to delete any portion of the Wo rk from the contract.
B. The City may waive nonmateria l irregularities in a bid and w ill accept the lowest responsive bid from a responsible bidder as determined by the City.
C. The City will determine the lo w bidder on the basis of the t otal bid price in words on the bidding sheet as described on the bidding sheet.
D. City Staff will identify t he apparent lowest responsive and responsible bidder and notify such bidder within one hu ndred twenty (120) days (unless the number of days is modified in any Addendum issued to bidders) after the Bid Deadline. Within fifteen (15) days after receiving the City’s written notice tha t bidder was identified as the apparent lowest responsible bidder, bidder will submit t o the City all of the following items as required by the City:
15.4.1 Two originals of the contract signed by bidder.
15.4.2 One original of the payment bond.
15.4.3 One original of the performance bond.
15.4.4 Certificates of insur ance and additional insured endorse ments on forms provided by the city.
15.4.5 Copy of current city of Goleta business license certificate.
15.4.6 Names of all subcontracto rs, with their DIR registration number, license numbers, addresses, telephone num ber, facsimile number and trad e on bidders’ company stationery. Evidenc e, as required by the city, o f t h e reliability and responsibility of the proposed subcontractors s uch as statements of experience, statements of financial condition, and references.
E. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, a s defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Bus iness and Professions Code or by Sectio n 10164 or 20103.5 of the Public C ontract Code, provided the contractor is regi stered to perform public work pu rsuant to Section
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1725.5 at the time the contract is awarded. This Project is sub ject to compliance monitoring and enforcement by the California Department of Industrial Relations.
F. If bidder submits the two orig inal signed contracts and all other items within fifteen (15) days after receiving the City’s notification, and all such items comply with the requirements of the bidding documents, the City will submit the bid to the City Council for award of Contract. Fo llowing City Council Award of Contract, the City will sign the contract and return a signed copy of the contract to bidder
16. NOTICE OF INTENT TO AWARD CONTRACT. Following the opening of bids and determination of the lowest responsible Bidder, the City will issue a notice of intent to award the Contract, identifying the Bidder to whom the City intends to award the Contract. The award of the Contracts shall be made by the City Council.
17. PUBLIC RECORDS. City seeks to conduct its business openly. Upon identification of the lowest responsive and responsib le bidder and upon notifying suc h bidder, Bids shall be regarded as public, with the exception any elements of each Bid that are identified by the Bidder as business or trade secrets and plainly marked as “trade secret,” “confidential,” or “pr oprietary.” Each element of a Bi d which a Bidder desires not to be considered public must be clearly marked as set forth above; any blanket statement (i.e. regarding entire pages, documents, or o ther, non-specific designations) shall not be sufficient and shall not bind the Ci ty in any way whatsoever. If City receives a request from a third party to ma ke a Bid available for inspection or copying, the City will notify the Bidder of t he request. If a Bidder instructs the City that the information is not to be released, City will withhold the information, provided, the Bidder expeditiously seeks a protect ive order from a court of competent jurisdiction to prevent such release. If disclosure is required by law (despite the Bidder’s request for confidentiality), the Cit y shall not in any way be liable or responsible for the disclosure of such records or part thereof.
18. BID PROTEST. Any registered Bidder may file a p rotest provided that each and all of the following are complied with:
18.1. The bid protest is in writing;
18.2. Protests based upon alleged de fects or improprieties in t he Bidding Documents are filed with the City prior to the Bid Deadline;
18.3. All other protests are f iled and received by the City not more than five (5) calendar days following the date of City’s Notice of Intent to Award the Contract; and
18.4. The written bid protest sets forth, in detail, all grounds for the bid protest, including without limitation all facts, su pporting documentation, legal a uthorities and argument in support of the grounds for the bid protest. All factual contentions must be supported by competent, admissible and credible evidence.
18.5. Any matters not set forth i n the written bid protest shal l be deemed waived. Any bid protest not conforming to the foregoing shall be rejected by the City as invalid.
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ATTACHMENT A – BIDDING INSTRUCTIONS
OR EQUAL SUBSTITUTION FORM
P r o j e c t :
L o c a t i o n :
T O :
F R O M :
1. Section, Paragraph and Page Nu mber of Specification or Drawing to which this Request applies:
2. Item specified for which substitution is requested:
N a m e o r B r a n d :
Manufacturer:
C a t a l o g N o . :
3. The proposed substitution is:
N a m e o r B r a n d :
Manufacturer:
C a t a l o g N o . :
4. Contractor is required to provi de product data for the proposed substitution consisting of the description of the product or item, reference st andards and performance test d ata, together with substantiating data, supporting the claim that the non-specified product is equal to that specified. No substitution request will be considered by the City without a completed Substitution Request form and substantiating data. Contractor shall attach hereto complete technical data, including technica l information, complete manufacturer’s catalogs, brochures and drawings, certified laboratory test rep orts and samples as applicable for the proposed substitution, installation and operating instructions, manufacturing warranties and other descriptive material.
5. Reasons for subst itution request:
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6. Detailed comparison of signifi cant qualities and properties (size, weight, durability, performance and similar characteristics) including the visual effect where applicable, for the proposed substitution in comparison with original requirements includes (list detailed comparison w ith supporting data, use separate sheets if required):
7. Installation changes and changes to Drawings and Specificati ons required by the proposed substitution are (list all required changes, use separate sheets if required):
8. Does this substitution affec t dimensions shown on Drawings?
Y e s N o
If yes, clearly indicate changes on each Drawing by Sheet No.:
9. List the effects of the proposed substitution on other parts of the Work or on separate contracts, including required changes in Drawings, dimensions, engineering and detailing costs and effect on other trades.
10. What effect does substituti on have on applicable code requirements?
11. Identify differences between the proposed substitution and the specified item.
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12. Attach a copy of manufacture r’s warranty, Manufacturer’s gu arantees and warranties of proposed and specified items are:
S a m e
D i f f e r e n t
(Explain on attachment.)
Manufacturer shall provide a letter stating the fitness for int ended use, and performance equivalence with the specified item.
13. List the name and address of three similar projects (not ne cessarily installed by Contractor) on which the proposed product was used and date of installation:
( 1 ) N a m e o f P r o j e c t :
A d d r e s s :
D a t e o f I n s t a l l a t i o n :
( 2 ) N a m e o f P r o j e c t :
A d d r e s s :
D a t e o f I n s t a l l a t i o n :
( 3 ) N a m e o f P r o j e c t :
A d d r e s s :
D a t e o f I n s t a l l a t i o n :
14. Use of the substitution will cause the Contract Time to be:
S a m e
D i f f e r e n t
(Explain on attachment.)
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15. Use of the substitution will affect the critical path of th e Construction Schedule as follows (identify any proposed adjustment to the Contract Time):
1 6 . R e d u c t i o n i n t h e C o n t r a c t S u m o f $ w i l l r e s u l t f r o m u se of the substituted item.
17. Estimated cost of any engineering, design or agency fees re quired for work of all trades directly or indirectly affected by the substitution is: $ .
18. The date by which City must accept this Request in order fo r the time and cost estimates in Paragraphs 14 and 16 to remain valid is:
.
19. Contractor Affidavit. The undersigned, having thoroughly in vestigated the proposed substitution represents, certifies and declares, under penalty of perjury under the laws of the State of California that:
(1) Contractor has personally investigated the proposed substit ution and determined that it is equal or superior in all respects to the material, product, thing or ser vice specified except as specifically n o t e d : ;
(2) Contractor will provide the same warranty and correction re sponsibility for the proposed substitution that the Contractor would have provided for that specified; (3) The cost data presented is c omplete and includes all related costs under this Contract except any redesign costs and agency fees;
(4) Contractor will indemnify City from and pay all redesign, e ngineering, detailing, special inspection costs and agency fees caused by the use of this substitution; (5) Contractor will coordinate the installation of the accepted substitution, making such changes as may be required for the Work to be complete in all respects. (6) Contractor waives all claims for additional costs relating to the substitution which may subsequently become apparent; and
(7) Contractor assumes all responsibility for and will indemnif y City from and pay all direct or indirect costs and/or time impacts as a result of the use of the substitution.
Executed this _________ day of ________ 20__, at ___________, California.
(Type or print name)
Submitted by:
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(Firm)
(Address)
For use by City:
___ Accepted ___ Accepted as noted
___ Not Accepted ___ Rejected as late
(By)
(Date)
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SECTION C PROPOSAL
BID PROPOSAL
FOR
CROSSWALK AT CALLE REAL / FAIRVIEW CENTER - PEDESTRIAN HYBRID BEACON (PHB) PROJECT NO. 9099
TO THE CITY OF GOLETA (“City”):
In accordance with City’s Notice Inviting Sealed Bids, the undersigned Bidder hereby proposes to furnish all materials, equipment, tools, labor, and incident als required for the CROSSWALK
AT CALLE REAL / FAIRVIEW CENTER - PEDESTRIAN HYBRID BEACON (PHB) PROJECT NO. 9099 as set forth in the Plans, Spec ifications, and Contract Documents, and to perform all Work in the manner and time prescribed therein.
Bidder declares that this Bid is based upon careful examination of the Work site, Plans, Specifications, Bidding Instructions, and all other Contract Documents. If this Bid is accepted for award, Bidder agrees t o enter into a contract with City at the unit and/or lump sum prices set forth in the following Bid Schedule. Bidder understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to City of the Bid Security accompanying this Bid.
Bidder understands that a Bid is required for the entire Work, that the estimated quantities set forth in the Bid Schedule are so lely for the purpose of compari ng Bids, and that final compensation under the Contract will be based upon the actual quantities of Work satisfactorily completed. THE CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT per Sections 9-1.06B and C. It is a greed that the unit and/or lump sum prices bid include all overhead, profit, appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amount, and words shall govern over figures.
If awarded the Contract, the undersigned further agrees that in the event of the Bidder’s default in executing the Contract and filing the necessary bonds and in surance certificates WITHIN FIFTEEN (15) WORKING DAYS, not including Saturdays, Sundays and legal holidays, after the City has mailed notice of the award of contract to the Bidder, the proceeds of the Bid Security accompanying this Bid shall bec ome the property of the City and this Bid and the acceptance hereof may, at the City’s option, be considered null and void.
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BID PROPOSAL
FOR
CROSSWALK AT CALLE REAL / FAIRVIEW CENTER - PEDESTRIAN HYBRID BEACON (PHB) PROJECT NO. 9099
Bids will be received before 3:00 P.M., Thursday, May 19, 2022,via electronic transmission on the City of Goleta’s PlanetBid Portal site.
Questions regarding the Contract D ocuments, Specifications, Pro posal or other Bidding Documents, shall be submitted in writing and emailed to [email protected].
The Project insurance requirem ents are per the Caltrans Standar d Specifications, as modified by the City General Provisions contained herein.
Contract Time: 40 Working Days, excluding time for equipment pr ocurement and coordination with outside agencies, such as Sout hern California Edison. Time is of the essence in the performance of this contract.
BIDDER SHALL COMPLETE:
Bidder’s Name
Street Address
City State Zip Code
Telephone Number Fax Number
E-mail
The following Addenda are acknowledged: Number Dated Initials (Bidder must fill in number and date of each
Addendum or may enter the word “none” if
appropriate)
BIDDERS Signature DATE
Tax I.D. Number
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CROSSWALK AT CALLE REAL / FAIRVIEW CENTER - PEDESTRIAN HYBRID BEACON (PHB) PROJECT NO. 9099
BIDDING SHEET (Page 1 of 3)
The cost of all labor, material, and equipment necessary for the completion of the work itemized, even though not shown or specified, shall be included in the unit or lump sum prices for the various items shown herein.
The City further reserves the right to reject any or all bids, to waive any informality or irregularity in any bid or the bidding procedure, and to delete any items of work in the award of contract. The City's decision on the bid amount is final.
Bidders must bid on all items in the Bid Schedule including the Supplemental and/or Alternative Bid Items in order for their bids to be complete. The award of contract will be based on the lowest responsive Base Bid only.
In the case of unit basis items , the amount set forth under the "Item Total" column (total base bid in words) shall be the product of the unit price bid and the estimated quantity for the item.
Bids on lump sum items are item totals. If a unit price of a lump sum item is entered and it differs from the item total, the item total prevails.
Entries are to be expressed in dollars or decimal fractions of a dollar. Symbols such as commas and dollar signs are ignored and have no significance in establishing unit price or item total.
Unit prices and item totals are interpreted by the number of di gits and decimal placement. Do not round item totals or the total bid.
In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price prevails, except as provided in (a) or (b), as follows:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount of the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and s hall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price; (b) (Decimal Errors) If the product of the entered unit price a nd the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth , or one-hundredth, etc. from the entered total, the discrepancy will be resolved by usi ng the entered unit price or item total, whichever most cl osely approximates percentagewi se the unit price or item total in the City's Final Estimate of cost.
If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Like wise, if the item total for a lump sum item is unreadable or otherwise unclear, or is omitt ed, the bid may be deemed irregul ar unless the project being bid has only a single item and a clear, readable total bid is provided. .
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BIDDING SHEET (Page 2 of 3)
BASE BID SCHEDULE
ITEM
NO DESCRIPTION UNIT QTY
UNIT
PRICE TOTAL
1 Mobilization LS 1 $
2 Traffic Control LS 1 $
3 Water Pollution Control Plan (WPCP) LS 1 $
4 Clearing and Grubbing/Demolition LS 1 $
5 Construct Sidewalk SF 1,360 $
6 Construct Curb and Gutter LF 100 $
7 Construct Curb Ramps EA 2 $
8 Construct Commercial Driveway SF 1,300 $
9 Variable Depth Cold Plane SY 620 $
10 Adjust Sewer Manhole to Grade EA 1 $
11 Adjust Water valve to Grade EA 1 $
12 Hot Mix Asphalt TONS 140 $
13 Trenching and Conduit Installation (F) LF 650 $
14 Furnish and Install Traffic Signal Pull
Box EA 7 $
15 Furnish and Install Type III-BF Service EA 1 $
16 Furnish and Install PHB Assembly,
Foundation, Cables, Wires, Blank-Out
Sign(s), Controller, Complete.
LS 1 $
17 Pavement Marking - Removal LS 1 $
18 Paint Striping – Detail 27B/39 White
Solid 6” LF 2,200 $
19 Paint Striping – Detail 39A/40 White
Dashed 6” LF 450 $
20 Thermoplastic Striping – Limit Line
White Solid 12” LF 65 $
21 Paint Striping – Detail 38 White Solid 8”
with Markers LF 285 $
22 Thermoplastic Striping–
Continental Crosswalk White 24” LF 225 $
23 Paint Striping – Detail 32 Yellow Two
Way Left Turn Lanes with Markers LF 250 $
24 Green Methyl Methacrylate Pavement
Marking SF 100 $
25 Thermoplastic Pavement Marking SF 120 $
26 Furnish and Install Traffic Sign EA 5 $
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BIDDING SHEET (Page 3 of 3)
ITEM
NO DESCRIPTION UNIT QTY
UNIT
PRICE TOTAL
27 Furnish and Install Roadside Sign Post EA 3 $
TOTAL BASE BID $
________________________________________
(Total Bid in Words)
________________________________________
Company Name of Bidder
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PROPOSED EQUIPMENT AND MATERIAL MANUFACTURERS
The Bidder must indicate the name of the manufacturer of the eq uipment, and supplier of the material, proposed to be furnished under the contract. Awarding of a contract based on this bid does not imply approval by the City of the manufacturers or sup pliers listed by the Bidder. No substitution will be permitted after award of contract except upon written approval of the City.
Equipment/Materials Supplier
1 . P o r t l a n d C e m e n t C o n c r e t e
2 . H o t M i x A s p h a l t ( H M A T y p e A ) 3 . C l a s s 2 A g g r e g a t e B a s e
4 . D e t e c t a b l e W a r n i n g S u r f a c e
5 . T r a f f i c S t r i p e a n d M a r k i n g P a i n t
6. PHB Assembly, Foundatio n, and Appurtenances
7. Controller
8 . B a t t e r y B a c k u p S y s t e m
9. Type III Service Cabinet
1 0 . P H B P o l e
1 1 . P e d e s t r i a n P u s h B u t t o n
1 2 . P u l l B o x e s
Additional items in the Special Provisions
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DESIGNATION OF SUBCONTRACTORS
Bidder proposes to subcontract certain portions of the Work whi ch are in excess of one-half of one percent (0.5%) of the total amount base bid or $10,000, whichever is greater, and to procure materials and equipment from suppliers and vendors.
These Subcontractors are identified as follows:
Work to be
Performed
Subcontractor
License
Number
Subcontractor
DIR
Registration
Number
(Note1)
Percent of
Total Bid
Subcontractor’s
Name & Address
Note 1: Bidders have 24 hours after the Bid Deadline to submit this information
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BIDDER’S REFERENCES
The following are the names, addresses, and phone numbers for three public agencies for which Bidder has performed projects of the same magnitude and charact er of the work bid within the past three years:
1. Name of Agency
Agency Address
Telephone
Contact Person
Contract Amount
2. Name of Agency
Agency Address
Telephone
Contact Person
Contract Amount
3. Name of Agency
Agency Address
Telephone
Contact Person
Contract Amount
The following are the names, addresses, and phone numbers for a ll brokers and sureties from whom Bidder intends to procure insurance bonds:
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
Bidder certifies that in all pr evious contracts or subcontracts , all reports which may have been due under the requirements of any local, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.
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ELIGIBILITY TO CONTRACT
The successful Bidder is prohibi ted from performing work on thi s Project with a Subcontractor who is ineligible to perform work on the Project pursuant to Se ction 1777.1 or 1777.7 of the Labor Code.
BIDDER’S INFORMATION
Bidder certifies that the following information is true and correct:
Bidder’s Name _______________________________________________________________ Business Address ____________________________________________________________ ___________________________________________________________________________ Telephone __________________________________________________________________ State Contractor’s License No. and Class _____________________ ____________________ Original Date Issued Expiration Date _______________________ ______ DIR Registration No:
The following are the names, titles, addresses, and phone numbe rs of all individuals, firm members, partners, joint ventur ers, and/or corporate officers h aving a principal interest in this Bid:
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ The date of any voluntary or i nvoluntary bankruptcy judgments against any principal having an interest in this Bid are as follows:
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ All current and prior DBA’s, alias, and/or fictitious business names for any principal having an interest in this Bid are as follows:
___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________
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I declare under penalty of perjury under the laws of the State of California that the above representations are true and co rrect. Executed this _____ day o f ____________, 20__, at ___________________ California.
Signature and Title of Bidder
or Authorized Representative
(SEAL)
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BIDDER’S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS AND DEFAULTS
Identify all instances of being disqualified, removed, determined to be a non-responsible bidder, debarred, assessed liquidated damages, terminated for default o r otherwise prevented from bidding on, or completing, a federal, state, or local government project.
1. Have you ever been disqualifi ed from any government contract ?
Y e s N o
2. If yes, explain the circumstances including date of public e ntity action, name of project, contract award amount and current contact person at public entity:
____________________________________________________________ Signature and Title of Bidder or Authorized Representative
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BID BOND
FOR
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KNOW ALL PERSONS BY THESE PRESENTS that [Bidder] ______________ __________ __________________________ as PRINCIPAL, and _______________________________, a corporation organized under the la ws of the State of __________ _______________ and licensed by the State of California to execute bonds and undert akings as sole surety, as SURETY, are held and firmly bound unto the City of Goleta, as C ity, in the penal sum of ten percent (10%) of the total Base Bid Price on the base Contract Work, excluding any Alternate Bid Items submitted by PRINCIPAL to CITY for the above stated p roject, for the payment of which sum, PRINCIPAL and SURETY agree to be bound, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas PRINCI PAL has submitted a proposal to CITY for the above stated project.
NOW, THEREFORE, the penal sum guaranteed by this bond shall be forfeited to the City in the event of any of the following: (1) The aforesaid Principal withdraws said bid after the Bid Deadline contrary to applicable law; or (2) Principal fails, within ten (10) business days after receipt of written notice that the contract h as been awarded to Principal and tender of the Contract, to, deliver to City the executed Agr eement, in the prescribed form, in accordance with the bid as accepted, and file with the City all documents required in sect ion 3-1.18 of the City’s General Provisions.
In case suit is brought upon this bond, SURETY further agrees t o pay all reasonable attorneys’ fees and costs incurred by CITY in an amount fixed by the court . SURETY hereby waives the provisions of California Civil Code Sections 2845 and 2849.
IN WITNESS WHEREOF the parties hereto have set their names, tit les, hands, and seals this _______day of , 20__.
P R I N C I P A L :
( A d d r e s s )
B Y :
(Signature and Title of Authorized Officer)
B Y :
(Signature and Title of Authorized Officer)
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S U R E T Y :
( A d d r e s s )
B Y :
(Signature and Title of Authorized Officer)
B Y :
(Signature and Title of Authorized Officer)
Note: All signatures must be acknowledged before a notary publi c. Attach appropriate acknowledgment. Also, evidence of the authority of any person signing as attorney-in-fact must be attached.
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STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES
CONCERNING THE CONTRACTOR’S LICENSING LAWS
[Business & Professions Code § 7028.15; Public Contract Code § 20103.5]
The undersigned, a duly authorized representative of the Bidder , certify that I am aware of the provisions of California law and that I, or the company/individ ual on whose behalf this Bid is being submitted, hold a currently valid California contractor’s license as set forth in the Business and Professions Code § 7028.15 and Public Contract Code § 20103.5 (and any updates).
A contractor shall not be qualifi ed to bid on, be listed in a b id proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless cu rrently registered and qualified to perform public work pursuant to Se ction 1725.5. It is not a vio l a t i o n o f t h i s s e c t i o n f o r a n unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Sectio n 10164 or 20103.5 of the Public C ontract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
B i d d e r :
L i c e n s e N o . : C l a s s E x p i r a t i o n d a t e :
DIR Registration No.: _____________________
D a t e S i gnature
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DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code §§ 1777.1 and 1777.7; Public Contract Code § 6109] The undersigned, a duly authorized representative of the Bidder, certifies and declares that:
1. The Bidder is aware of Secti ons 1771.1 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 v iolation 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 Bidder is not ineligible t o bid on, be awarded or perfor m work as a subcontractor on a public works project by virtue of the forego ing provisions of Sections 1771.1 or 1777.7 of the California Labor Code or any o ther provision of law.
3. The Bidder is aware of Califor nia Public Contract Code Secti on 6109 (and any updates.)
4. The Bidder has investigated t he eligibility of each and ever y subcontractor the contractor intends to use on this public works 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 1771.1 and 1777.7 of the Labor Code, or any other provision of law.
5. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, a s defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Bus iness and Professions Code or by Section 10164 or 20103.5 of the Public C ontract Code, provided the contractor is regi stered to perform public work pu rsuant to Section 1725.5 at the time the contract is awarded.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this d a y o f , 20__, at ________________________, California.
S i g n a t u r e :
N a m e :
T i t l e :
N a m e o f C o m p a n y :
Note: Signature must be acknow ledged before a notary public. At tach appropriate acknowledgment.
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NON-COLLUSION DECLARATION
FOR
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I am the [title] of [ n a m e o f
bidder], the party making the fo regoing bid, declares that the bid is not made in the interest of, or on behalf of, any undisclosed per son, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly, colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that 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, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that al l statements contained in the bid are true; and, further, that 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, or paid, and will not pay, any fee 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 exec ute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the Sta te of California that the foregoing is true and correct and that this declaration is executed on ___ [date], at __ [city], ___ [state]
(Signature and Title of Authorized Representative)
.
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SECTION D
CONTRACT AWARD AND EXECUTION
CONTRACT
PERFORMANCE BOND FORM
PAYMENT BOND FORM
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SAMPLE CONTRACT
PUBLIC WORKS CONTRACT
BETWEEN THE CITY OF GOLETA
AND
________________
This Public Works Contract (herein referre d to as “CONTRACT”) is made and entered into by and between the CITY OF GOLETA, a municipal corporation (herein referred to as "CITY"), and __________, a _____________ (hereinafter referred to as “CONTRACTOR”).
SECTION A. RECITALS
1. Pursuant to the Notice Invi ting Sealed Bids for the __________ Project, bids were received, publicly opened, and declared on the date specified in the notice.
2. On __________ , Goleta’s City Counc il declared CONTRACTOR to be the lowest responsible bidder and acc epted the bid of CONTRACTOR an d the City Council, approved this CONTRACT and author ized the City Manager to execu te the CONTRACT with CONTRACTOR for furnishing labor, equipment and material for the Project in the City of Goleta.
NOW, THEREFORE , in consideration of the foregoing and the mutual covenants herein contained, it is agreed:
SECTION B. TERMS
1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessa ry labor, tools, materials, appli ances, and equipment for and do the work for the Project in the City of Goleta. The work shall be performed in accordance with the Plans and Specifications (and as generally described in the “Notice Inviting Sealed Bids,” attached as Exhibit A) an d in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal (attached as Exhi bit B) and in accordance with the instructions of the City Engineer, or City’s Manager’s designee.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: T h e contract documents for the afores aid project, a complete set of which is on file with the Goleta City Clerk’s Office, shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Standard Specificat ions, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; tog ether with this CONTRACT and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreeme nts clarifying,
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amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein. This contract is intended to require a complete and finished piece of work and anything necessary to c omplete the work properly and in accordance with t he law and lawful governmental regulations shall be performed by CONTRACTOR whether s et out specifically in the con tract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written CONTRACT, the provisions of this CONTRACT, and the Standard Specifications, in that order, shall control. Collectively, these contract documents constitute the complete CONTRACT between CITY and CONTRA CTOR and supersede any previous agreements or understandings.
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 her eunder. Said compensation shall c over 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, unfo reseen difficulties or obstructions encountered in the pr osecution of the work, suspen sion or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within the timeframe specified in the Contract Documents from the date of the notice to proceed. By signing this CONTRACT, CONTRACTOR represents to CITY that the c ontract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the contract time. In a ccordance with Government Code Se ction 53069.85, CONTRACTOR agrees to forfeit and pay CITY as liquidated damages, not as a penalty, the sum of $1000 per day for each and every day of unauthorized delay beyond the completion date, which amount shall be deducted from any payments due or to become due the CONTRACTOR.
5. PREVAILING WAGES:
A. Pursuant to Labor Code Sections §§1720 et seq., including but not limited to sections 1771, 1774 and 1775, and as specified in Title 8, California Code of Regulations, Section 16000 et seq., CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws.
B. In accordance wit h Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or
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the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.
C. CITY directs CONTRACTOR’s a ttention to Labor Code Sections 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.
D. Labor Code Section 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
(1) When employment in the area of coverage by the joint appren -ticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or
(2) When the number of apprentices in training in the area exce eds a ratio of one to five, or
(3) When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state wide or locally, or
(4) When assignment of an apprent ice to any work performed unde r a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
Pursuant to Labor Code § 1776, CONTRACTOR shall comply with all Department of Industrial Relations registration requirements.
E. CONTRACTOR is required to mak e contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.
F. CONTRACTOR and any subcontractor must comply with Labor Code Sections 1777.5 and 1777.6 in the employment of apprentices.
G. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations (DIR), ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
H. CONTRACTOR and its subcontract ors must keep an accurate certified payroll
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records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with this CONTRACT. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Division of Labor Law Enforcement. If requested by CITY, CONTRACTOR must provide copies of the records at its cost.
6. LEGAL HOURS OF WORK: CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for wor kers who work excess hours. Except as provided by Labor Code Section 1815, the CONTR ACTOR shall, as a penalty to the CITY, forfeit twenty five dollars ($25) for each worker employed in the execution of the Contract by the CONTRACTOR or by any Subcontra ctor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week i n violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 (commencing at Section 1810) of the California Labor Code.
7. TRAVEL AND SUBSISTENCE PAY : CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this CONTRACT as such travel and subsistence payments are defined in the appl icable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
8. CONTRACTOR'S LIABILITY: The CITY and its officers, agents and employees (“Indemnitees”) shall not be answe rable or accountable in any m anner 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 in jury 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 fro m 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 o r property, penalties, obligations or liabilities that m ay be asserted or claimed by a ny person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activiti es of CONTRACTOR, its agents, e mployees, 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 act ion or actions filed in connec tion 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.
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b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees coveri ng such claims, damages, penalt ies, obligations and liabilities arisi ng out of or in connection wit h such work, operations or activities of CONTRACTOR hereunder, and CONTRACTO R 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 hereun der, 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, acti on, proceeding, loss, stop n otice, cost, expense, judgment, civil fine or penalty, or liability was caused in par t or contributed to by an Indemnitee. However, without affe cting the rights of CITY under any provision of this CONTRACT, Contractor shall not be required to indemnify and hol d harmless CITY for liability attributable to the active negligence of CITY, provid ed 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 percentage of the li ability involved, the obligation of Contractor will be for that entire portion or per centage 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 d isposition 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 CONTRACT and is in addition to any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective wit hout reference to the existence or applicability of any insurance coverage which may have been required under this CONT RACT 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 I ndemnitees, while acting within the scope of their duties, from all claims, losses and l iabilities arising out of or
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incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concu rrent, or subsequent passive negl igence by the Indemnitees.
9. THIRD PARTY CLAIMS: In accordance with Public Contracts Code Section 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY re ceives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this CONTRACT. As more specifically detailed in the contract documen ts, CONTRACTOR agrees to indemnify and defend the City against any third-party claim.
10. WORKERS COMPENSATION: I n a c c o rdance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance wit h the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this contract, certifies as follows: “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 com pensation 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.”
11. INSURANCE: With respect to performance of work under this CONTRACT, CONTRACTOR shall maintain and shall require all of its subcontr actors to maintain insurance as required in the Standard Specifications.
12. ASSIGNMENT: This CONTRACT is not assignable nor the performance of either party's duties delegable without the prio r written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obli gations of either party without the prior written consent of the other shall be void and of no force and effect.
13. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent c ontractor. Neither the CITY nor any of its agents shall have control of the conduct of CON TRACTOR or any of CONTRACTOR' S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.
14. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to , and assessable against any work, materials, equipment, se rvices, processes and operati ons incidental to or involved in this contract. CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the contract shall include compensation for any taxes
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CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.
15. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practic e its profession. CONTRACTOR r epresents and warrants to CITY that CONTRACTOR shall, at its sole cost and ex pense, keep in effect or obtain at all times during the term of this CONTRACT any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to pract ice its profession.
CONTRACTOR shall maintain a City of Goleta business license, if required under CITY ordinance.
16. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and accou nt for all costs pertaining to this CONTRACT and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for three years after the expiration of this CONTRACT. All such records shall be made available for inspecti on or audit by CITY at any time during regular business hours.
17. SEVERABILITY: If any portion of these contract documents are declared by a court of competent jurisdiction to be in valid or unenforceable, then suc h 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 o f this CONTRACT will continue in full force and effect provided that it does not frustrate the mutual intent of the parties herein.
18. WHOLE AGREEMENT: This CONTRACT supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein.
Each party to this contract acknowledges that no representations, inducements, promises or agreements, orally or otherwis e, have been made by any party , or anyone acting on behalf of any party, which are not embodied herein, and that an y other agreement, statements or promise not contai ned in this contract shall not be valid or binding. Any modifications of this contract will be effective only if signed by the party to be charged.
19. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set f o r t h hereinafter in execution of this CONTRACT represent all individ uals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individu als who have signed this CONTRA CT have the legal power, right, and authority to make this CONTRACT and to bind e ach respective party.
This CONTRACT may be modified by written amendment. CITY’s City Manager may execute any such amendment on CITY’s behalf.
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20. NOTICES: All notices permitted or requir ed under this CONTRACT shall b e in writing, and shall be deemed made when deliv ered to the applicable party ’s representative as provided in this CONTRACT. Addi tionally, such notices may be gi ven to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose.
Such notices shall be deemed m ade when personally delivered or when mailed forty- eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address. Courtesy copies of noti ces may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this Section.
CITY OF GOLETA
130 Cremona Drive, Suite B
Goleta, CA 93117
Attn: City Manager
CONTRACTOR
________________________ __________________________
________________________ __________________________
________________________ __________________________
21. DISPUTES: Disputes arising from this contract will be determined in accordance with the contract documents.
22. NON-DISCRIMINATION: No discrimination shall be made in the employment of persons in the work contemplated by this CONTRACT because of race, reli gion, color, medical condition, sex, sexual orientati on, national origin, political affiliation or opinion, or pregnancy or pregnancy-related condition. A violation of this s ection exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.
23. NO THIRD PARTY BENEFICIARY: This CONTRACT and every provision herein is for the exclusive benefit of CONTRACTOR and CITY and not for the be nefit 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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24. TIME IS OF ESSENCE: Time is of the essence for each and every provision of the Contract Documents.
25. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES: The Parties agree that this CONTRACT, agreements anc illary 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 or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
26. GOVERNING LAW: This CONTRACT shall be governed by the laws of the State of California, and exclusive venue for any action involving this CONTRACT will be in Santa Barbara County.
IN WITNESS WHEREOF, the parties hereto have executed this CONTRACT with all the formalities required by law on the respective dates set forth opposite their signatures.
This CONTRACT is executed on this ________ day of ___________ , at Goleta, California, and effective as of _____ ______, 20____.
CITY OF GOLETA:
___________________________________
Michelle Greene, City Manager
ATTEST:
___________________________________
Deborah Lopez, City Clerk
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
___________________________________
CROSSWALK AT CALLE REAL / FAIRVIEW CENTER - PEDESTRIAN HYBRID BEACON (PHB) PROJECT NO. 9099
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Winnie Cai, Assistant City Attorney
CONTRACTOR:
______________________ _______________
Name, Title
______________________ _______________
Name, Title
State of California License No.
______________________ _______________
Department of Industrial Relations Registration No.
_____________________________________
Business Phone No.
______________________ _______________
CONTRACTOR’S Emergency Phone No. at which
contractor can be reached at any time
__________________ ___________________
______________________ _______________
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FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Goleta, (hereinafter referred to as “ City”) has awarded to ____________________________, (hereinafter referred to as the “ Contractor”) an agreement for the CROSSWALK AT CALLE REAL / FAIRVIEW CENTER - PEDESTRIAN HYBRID BEACON (PHB) PROJECT NO. 9099, (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more par ticularly set forth in the Contract Documents for the Pr oject dated ________________, (her einafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, ____________ __________, the undersigned Con tractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ______________________ _____ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly a nd severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contract or, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and a greements in the Contract Documents and any alteration ther eof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation.
As a condition precedent to the sati sfactory completion of the Contract Documents, unless otherwise provided for in the Cont ract Documents, the above obl igation shall hold good for a period of one (1) year after the acceptance of the work by City , during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship.
The obligations of Surety her eunder shall continue so long as a ny obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, in cluding, but not limited to, Cal ifornia Code of Civil Procedure Section 337.15.
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Whenever Contractor shall be, and is declared by the City to be , in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
1. Take over and complete the Project in accordance with all te rms and conditions in the Contract Documents; or
2. Obtain a bid or bids for comp leting the Project in accordanc e with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contrac t between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Con tractor and any other set offs pursuant to the Contract Documents.
3. Permit the City to complete t he Project in any manner consis tent with California law and make available as work progresses sufficient funds to p a y t h e c o s t o f completion of the Project, less the balance of the contract pri ce, including other costs and damages for which Surety may be liable. The term “ba lance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the C ontract and any modification thereto, less any amount previously paid by the City to the Contractor and any ot her set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project n or shall Surety accept a bid from Contractor for completion of t he Project if the City, when decl aring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents o r to the Project to be performed thereunder shall in any way affect its obligations on this bond , and it does hereby waive notice of any such change, extension of t ime, alteration or addition t o the terms of the Contract Documents or to the Project.
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IN WITNESS WHEREOF, we have hereunto set our hands and seals th is _______ day of ______________, 20___.
(Corporate Seal)
Contractor/ Principal
B y
T i t l e
(Corporate Seal)
Surety
By
Attorney-in-Fact
( A t t a c h A t t o r n e y - i n - F a c t C e r t i f i c a t e ) T i t l e The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) __________________ _________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or __________________ _________________________ Representative for service of _______________ ____________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety __________________ _________________________ and Agent or Representative for
service of process in California)
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notar y Public, personally appeared , who proved to me on t he basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJ URY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual