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Request. If a Claim is not subject to the Change Order Procedures, the Claim arises when the Contractor discovers, or reasonably should discover, the condition or event giving rise to the Claim. The requirements of this Section are intended to supplement and implement PCC § 9204, a copy of which is attached for reference. Accordingly, pursuant to PCC § 9204(f), the parties agree to utilize these Standard Specifications.
B. Form
A Claim must include the following:
x A statement that it is a Claim and a request for a decision.
x A detailed description of the act, error, omission, unforeseen condition, event or other condition giving rise to the Claim.
x If the Claim is subject to the Change Order procedures, a statement demonstrating that a Change Order Request was timely submitted and denied.
x A detailed justification for any remedy or relief sought by the Claim, including to the extent applicable, the following:
¾ If the Claim involves extra work, a detailed cost breakdown claimed. The breakdown must be provided even if the costs claimed have not been incurred when the Claim is submitted.
¾ To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including, without limitation, payroll records, material and rental invoices) demonstrating that costs claimed have actually been incurred.
¾ To the extent costs have not yet been incurred at the time the Claim is submitted, actual cost records must be submitted on a current basis not less than once a week during any time period costs are incurred. A cost record will be considered current if submitted within seven calendar days of the date the cost reflected in the record is incurred. At the Public Works Director’s request, claimed extra costs may be subject to further verification procedures (such as having an inspector verify the performance of alleged extra work on a daily basis).
x If the Claim involves an error or omission in the Contract Documents:
¾ An affirmative representation that the error or omission was not discovered before submitting a bid for the Contract; and
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¾ A detailed statement demonstrating that the error or omission reasonably should not have been discovered by the Contractor, its Subcontractors and suppliers, before submitting a bid for the Contract.
x If the Claim involves an extension of the Contract Time, written documentation demonstrating the Contractor’s entitlement to a time extension.
x If the Claim involves an adjustment of the Contract Sum for delay, written documentation demonstrating the Contractor’s entitlement to such an adjustment.
x A personal certification from the Contractor that reads as follows:
“I, , BEING THE (MUST BE AN
OFFICER) OF (CONTRACTOR
NAME),
DECLARE UNDER PENALTY OF PERJURY UNDER CALIFORNIA LAW, AND DO
PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY REVIEWED THE
ATTACHED CLAIM FOR ADDITIONAL COMPENSATION OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS MADE IN GOOD FAITH; THE SUPPORTING DATA IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT
REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE CONTRACTOR BELIEVES CITY IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE § 72 AND CALIFORNIA GOVERNMENT CODE § 12650, ET SEQ., PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW
AND UNDERSTAND THAT SUBMITTING OR CERTIFYING A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT, AND OTHER SEVERE LEGAL CONSEQUENCES.”
C. Claims Submitted to Public Works Director
Within 30 calendar days after the circumstances giving rise to a Claim occur, the Contractor will submit its Claim to the Public Works Director for a decision. Regardless of any Claim submittal, or any dispute regarding a Claim, unless otherwise directed by the Public Works Director, the Contractor will not cause any delay, cessation, or termination of the Work, but will diligently proceed with the performing the Work in accordance with the Contract Documents. Except as otherwise provided, the City will continue to make payments in accordance with the Contract Documents.
D. Claim Is Prerequisite to Other Remedy
The Contractor certifies that it is familiar with PCC § 10240.2 and understands and agrees that submitting a Claim in accordance with these Specifications is an express condition precedent to the Contractor’s right to otherwise pursue a claim whether through alternative dispute resolution or by litigation. Should the Contractor fail to submit a claim in accordance with these Specifications, including the time limits set forth herein, it will waive any right to a remedy, whether in law or equity, it might otherwise have pursuant to the Contract Documents or applicable law.
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E. Decision on Claims
The Public Works Director will promptly review Claims submitted by the Contractor in accordance with these Standard Specifications. Should the Public Works Director require additional supporting evidence to evaluate the claim, the Public Works Director will request such additional information in writing. Any such requested data will be furnished not later than 10 calendar days after the Contractor receives the Public Works Director’s request.
The Public Works Director will render a decision not later than 30 calendar days after either receiving the Claim or the deadline for furnishing additional supporting data, whichever is later. If the Claim amount is more than $50,000, the time period will be extended to 60 days. If the Public Works Director fails to render a decision within the time period established herein, then the Claim will be deemed denied. The Public Works Director’s decision will be final and binding unless appealed in accordance with these Specifications.
The Public Works Director’s decision on a Claim will include a statement substantially as follows:
“This is a decision pursuant to the Standard Specifications of your contract. If you are dissatisfied with the decision and have complied with the procedural requirements for asserting claims, you may have the right to alternative dispute resolution or litigation.
Should you fail to take appropriate action within 30 calendar days of the date of this decision, the decision will become final and binding and not subject to further appeal.”
F. Appeal of Public Works Director’s Decision
Should the Contractor dispute the Public Works Director’s decision, then the Contractor must appeal that decision to the City Manager within 30 calendar days of receiving the Public Works Director’s decision.
The City Manager will address disputes or claims within 30 calendar days after receiving such request and all necessary supporting data. The City Manager’s decision on the dispute or claim will be the City’s final decision.
If the Contractor disputes the City Manager’s decision, then the Contractor must demand alternative dispute resolution in accordance with this Section and the PCC within 30 calendar days of the City’s final decision.
G. Mediation
If the City and the Contractor agree, disputes between the parties may be submitted to non-binding mediation. If the parties cannot agree to an alternative form of mediation, then mediation will be administered by the American Arbitration Association (“AAA”) under its
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Construction Industry Mediation Rules, unless the use of such rules are waived by mutual stipulation of both parties.
The parties may, but are not required to be, represented by counsel in mediation.
The requirement for mediation will not alter or modify the time limitations otherwise provided for claims and no conduct or settlement negotiation during mediation will be considered a waiver of the City’s right to assert that claim procedures were not followed.
H. Arbitration
If the City and Contractor do not agree to mediation, then disputes will be submitted to neutral non-binding (except as provided herein) arbitration. Arbitration will be conducted in accordance with PCC § 10240.3. Any decision rendered by an arbitrator will be consistent with PCC § 10240.8.
The exclusive venue for any arbitration will be in Los Angeles County.
The expenses and fees of the arbitrators and the administrative fees, if any, will be divided among the parties equally. Each party will pay its own counsel fees, witness fees, and other expenses incurred for its own benefit.
I. When Arbitration Decision Becomes Binding
The decision rendered by the arbitrator will become binding upon the parties unless appealed to the Los Angeles County Superior Court pursuant to PCC § 10240.12 within 30 calendar days of the decision. If subsequent litigation results in an award to the party appealing the arbitration that is less than or equal to that of the arbitration decision, or if the litigation results in a decision in favor of the nonappealing party, then the party appealing the arbitration will pay the nonappealing party’s attorney’s fees and court costs.
J. Appeal to Superior Court; Waiver of Jury Trial
Should a party timely object to the arbitration decision, it may file a petition with the Los Angeles County Superior Court in accordance with California Code of Civil Procedure (“CCP”) §§ 1285, et seq. Notwithstanding the limitations set forth in CCP § 1286.2, the court may vacate, correct, or adjust an arbitration award, and enter judgment in accordance with CCP § 1287.4, for any legal or equitable basis including, without limitation, error of law. The court will apply the substantial evidence standard of review when considering the appeal of an objecting party.
BY EXECUTING THESE CONTRACT DOCUMENTS, THE CONTRACTOR AGREES
TO HAVE DISPUTES OR CONTROVERSY CONCERNING THE CONSTRUCTION,
INTERPRETATION, PERFORMANCE, OR BREACH OF THESE CONTRACT
DOCUMENTS, INCLUDING CLAIMS FOR BREACH OF CONTRACT OR ISSUES OF
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BAD FAITH DECIDED IN ACCORDANCE WITH THIS SECTION. BOTH THE CITY
AND THE CONTRACTOR WAIVE THEIR RIGHT TO A JURY TRIAL FOR THESE DISPUTES OR ISSUES.
33. PREVAILING WAGES
The Contractor will post at appropriate conspicuous points at the site of the project a schedule showing determinations of the Director of Industrial Relations of the prevailing rate of per diem wages. It will be the Contractor’s responsibility to obtain copies of the prevailing rate of per diem wages. One source that may be used is the California Department of Industrial Relations website which is currently located at www.dir.ca.gov, or by calling the Prevailing Wage Unit at (415) 703-4774.
Attention is directed to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by the Contractor or any subcontractor.
Labor Code § 1777.5 requires the 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 will 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:
x When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 calendar days before the request for certificate, or
x When the number of apprentices in training in the area exceeds a ratio of one to five, or
x 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
x When the Contractor provides evidence that the Contractor employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.
The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the 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.
The Contractor and any subcontractor will comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices.
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Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
34. RECORD OF WAGES PAID: INSPECTION
Every Contractor and subcontractor will keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with the Work. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Department of Industrial Relations. If requested by the City, the Contractor will provide copies of the records at its cost.
35. LIABILITY INSURANCE
Contractor must comply with City’s insurance requirements for public works projects which are adopted by City Council resolution (the “Insurance Matrix”). At the time of executing this contract, City Council Resolution No. 11750, adopted June 17, 2015, constitutes the Insurance Matrix for this contract. Contractor will provide endorsements or other proof of coverage for contractual liability in accordance with the Insurance Matrix.
The cost of such insurance will be included in the various items of work in the Contractor’s bid and no additional compensation for purchasing insurance or additional coverage needed to meet these requirements will be allowed.
In the event that any required insurance is reduced in coverage, cancelled for any reason, voided or suspended, Contractor agrees that City may arrange for insurance coverage as specified, and Contractor further agrees that administrative and premium costs may be deducted from payments due to the Contractor. Contractor will not be allowed to work until alternate coverage is arranged.
Coverage will not extend to any indemnity coverage for the active negligence of the additional insured if the agreement to indemnify the additional insured would be invalid under Civil Code § 2782(b).
36. INDEMNIFICATION AND DEFENSE
In addition to all other provisions of the Contract Documents including, without limitation, the Greenbook, as between the City and Contractor, Contractor will take and assume all responsibility for the work as stated herein or shown on the plans.
The Contractor will bear all losses and damages direc tly or indirectly resulting to it, to the City, its officers, employees, and agents, or to others on account of the performance or character of the work, unforeseen difficulties, accidents, traffic control, job site maintenance, or any other causes whatsoever.
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The Contractor will assume the defense of and indemnify and save harmless the City of Monterey Park, its officers, employees, and agents, from and against any and all claims, losses, damage, expenses and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsibility for negligence, and from any and all claims, losses, damage, expenses, and liability, howsoever the same may be caused, resulting directly, or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence, to the fullest extent permitted by law. In accordance with Civil Code § 2782, nothing in this Section will require defense or indemnification for death, bodily injury, injury to property, or any other loss, damage or expense arising from the sole negligence or willful misconduct of the City, or its agents, servants or independent contractors who are directly responsible to the City, or for defects in design furnished by such persons.
Moreover, nothing in this Section will apply to impose on the Contractor, or to relieve the City from, liability for active negligence of the City.
The City does not, and will not, waive any rights against the Contractor which it may have by reason of the aforesaid hold harmless agreements because of the acceptance by the City, or deposit with City by Contractor, of any insurance policies. This hold harmless agreement by the Contractor applies to all damages and claims for damages of every kind suffered or alleged to have been suffered by reasons of any of the aforesaid operations of Contractor, or any subcontractor, regardless of whether or not such insurance policies are determined to be applicable to any of such damages or claims for damages.
No act by the City, or its representatives in processing or accepting any plans, in releasing any bond, in inspecting or accepting any work, or of any other nature, will in any respect relieve the Contractor or anyone else from any legal responsibility, obligation or liability he might otherwise have.
37. PERMITS
The Contractor will apply for permits required by the City. These permits including, without limitation, a business license, will be issued on a “no-fee” basis. However, the Contractor must pay for and obtain all other permits from other governmental and utility agencies necessitated by their operations but cannot charge the City an administrative fee for obtaining such permits.
All bonding fees, (overweight and oversized vehicle permit fees) inspection permit fees or other fees charged or required for such permits must be paid by the Contractor. These costs will be included in the bid item provided. If no bid item is included, costs will be included in the various items of work, and no additional payment will be allowed.
38. CLEANUP AND DUST CONTROL
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On any construction project requiring trenching within public streets and for which total trenching is in excess of 500 feet, the Contractor will be required to sweep the worksite utilizing a pick-up type of street sweeper a minimum of once daily.
39. WATERING
Water for dust control caused by Contractor’s operations or the passage of traffic through the work will be applied as necessary or as directed by the Public Works Director. Water for the above or other purposes may be obtained from any approved source. If the Contractor chooses to use a City fire hydrant upon placing deposits and fees as described in this contract, the Public Works Director will cause a meter to be installed.
All water used from the hydrant will be metered and charged to the Contractor at the prevailing rate plus the current daily meter rental rate. The Contractor will be charged a $15 reconnect fee if the Contractor wishes to move the meter to a different hydrant.
Costs of water to be used will be included in the cost of various bid items.
40. WATER POLLUTION CONTROL
The following requirements are added to establish storm water and urban runoff pollution prevention controls.
Storm or construction generated water containing sediment such as, construction waste, soil, slurry from concrete/asphalt concrete saw cutting operations, clean-up of concrete transit mixers or other pollutants from construction sites and parking areas will be retained or controlled on site and will not be permitted to enter the storm drain system.
Temporary sediment filtering systems such as sandbags, silt fences, or gravel berms will be utilized to trap sediment so that only filtered water enters the City’s storm drain system. Proper clean up and disposal of settled sediment and the filtering system will be the responsibility of the Contractor.
Discharge of concrete transit mixer wash water on to approved dirt areas (sub-grade area designated for new concrete construction for example) is acceptable. Discharge on to private property, parkway areas, or the street is not permitted.
Plastic or other impervious covering will be installed where appropriate to prevent erosion of an otherwise unprotected area, along with any other runoff control devices deemed appropriate by the City.
Excavated soil stored on the site will be covered in a manner that minimizes the amount of sediments running into the storm drain system, street or adjoining properties.
No washing of construction or other industrial vehicles and equipment will be allowed adjacent to a construction site. During the rainy season (October 15 to April 15), Contractor will keep at the construction site sufficient materials and labor to install temporary sediment filtering systems and other water pollution prevention control
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measures. These control measures will be in place and maintained by the Contractor on a daily basis on days when construction is not in progress due to rain.
All costs associated with water pollution control will be borne by the Contractor. Any expense incurred by the City to expeditiously respond to storm drain contamination resulting from Contractor’s failure to implement water pollution control measures will be charged to the Contractor.
41. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectively reduced by the Contractor’s operations, such striping or markings will also be considered as existing improvements and the Contractor will replace such improvements.
Relocations, repairs, replacements, or re-establishments will be at least equal to the existing improvements and will match such improvements in finish and dimensions unless otherwise specified.
42. PUBLIC CONVENIENCE AND SAFETY
Unless otherwise specified all traffic control will be performed in accordance with the Work Area Traffic Control Handbook (WATCH) Latest Edition, published by Building News, 3055 Overland Avenue, Los Angeles, CA 90034, telephone 310-474-7771.
43. TRAFFIC AND ACCESS
The Contractor will notify the occupants of all affected properties at least 48 hours before any temporary obstruction of access. Vehicular access to property line will be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Public Works Director.
At least one, 12 foot wide, traffic lane will be provided for each direction of travel on all streets at all times except as permitted by the Public Works Director. The traffic lanes will be maintained on pavement and will remain unobstructed. All work requiring that a lane be closed, or a lane moved right or left will be noticed to the traveling public by use of City approved lighted arrow boards.
Clearances from traffic lanes will be five feet to the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction.
One four-foot-wide paved pedestrian walkway will be maintained in the parkway area on each side of all streets. The clearance from the pedestrian walkway to any traffic lane will be five feet. Pedestrians and vehicles will be protected from all excavations, material storage, and/or obstructions by the placement of an adequate number of lighted barricades (minimum two) at each location, one at each end of the obstruction or
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excavation), which will have flashing lights during darkness. Barricades will be Type I or Type II per Section 7-3 of the WATCH Manual and lights will be Type A per Section 7-6 of the “Work Area Traffic Control Handbook” (WATCH).
44. STREET CLOSURES, DETOURS, BARRICADES
Street closures will not be allowed except as specifically permitted by the Public Works Director.
The Contractor will prepare any traffic control or detour plans that may be required as directed by the Public Works Director. Lane transitions will not be sharper than a taper of 30 to one.
Temporary traffic channelization will be accomplished with barricades or delineators.
Temporary striping will not be allowed unless specifically permitted by the Public Works Director. The Contractor will prepare any plans that may be required for temporary striping to the satisfaction of the Public Works Director. In no event will temporary striping be allowed on finish pavement surfaces, which are to remain.
Where access to driveway or street crossings need to be maintained, minimum 1 1/4- inch-thick steel plating will be used to bridge the trench. All steel plating will have temporary asphalt concrete 1:12 minimum sloped ramps to assist vehicles to cross comfortably over the plates and have a non-skid surface. Plates subject to vehicle high traffic speeds and in residential areas will be secured by welding at the discretion of the Public Works Director.
45. PROTECTION OF THE PUBLIC
It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor will use foresight and will take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the Project which will require that immediate and unusual provisions be made to protect the public from danger or loss of life, or damage to life and property, due directly or indirectly to prosecution of work under this contract.
Whenever, in the opinion of the Public Works Director, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor’s operations and when, in the opinion of the Public Works Director, immediate action will be considered necessary in order to protect the public or property due to the Contractor’s operations under this contract, the Public Works Director will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation immediately, the Public Works Director may provide suitable
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protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Public Works Director, may seem reasonable and necessary.
The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, will be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. Such remedial measures by the City will not relieve the Contractor from full responsibility for public safety.
46. HAZARDOUS MATERIAL
For any excavation, which extends more than four feet below existing grade, the Contractor will promptly, and before the conditions are disturbed, notify the Public Works Director, in writing, of 1) any material that the Contractor believes may be hazardous waste, as defined in Health and Safety Code § 25117, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law, 2) subsurface or latent physical conditions at the site differing from those indicated, or 3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents.
After receiving notice from the Contractor, the Public Works Director will promptly investigate any condition identified by the Contractor as being hazardous. The rights and obligations of the City and the Contractor with regard to such conditions (including, without limitation, the procedures for procuring change orders and filing claims) will be specified by the provisions of these Standard Specifications regarding Changed Conditions.
If a dispute arises between the City and the Contractor whether the conditions materially differ, involve hazardous waste, or cause a change in the Contractor’s cost or time required for performance of the work, the Contractor will not be excused from any scheduled completion date provided for by the contract, but will proceed with all work to be performed under the contract.
If the Public Works Director determines that material called to the Public Works Director’s attention by the Contractor is hazardous waste, or if the Public Works Director otherwise discovers the existence of hazardous waste, the Contractor will be responsible for removal and disposal of the hazardous waste by qualified personnel and appropriate equipment in the manner required by law as directed by the Public Works Director.
47. LUMP SUM WORK
Items for which quantities are indicated as “Lump Sum,” “L.S.,” or “Job” will be paid for at the price indicated in the Proposal. Such payment will be full compensation for all costs for labor, equipment, materials and plant necessary to furnish, construct and install the lump sum item of work, complete, in place, and for all necessary appurtenant work,
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including, but not limited to, all necessary cutting, patching, repair and modification of existing facilities, and clean-up of site.
Contractor will furnish three copies of a detailed schedule, which breaks down the lump sum work into its component parts and cost for each part, in a form and sufficiently detailed as to satisfy Public Works Director that it correctly represents a reasonable apportionment of the lump sum. This schedule is subject to approval by Public Works Director as to both the components into which the lump sum item is broken down, and the proportion of cost attributable to each component.
This schedule will be the basis for progress payments for the lump sum work.
48. PARTIAL AND FINAL PAYMENTS
The closure date for the purpose of making partial progress payments will be the last working day of each month. The Contractor will prepare the partial payment invoice with measurement of the work performed through the closure date and submit it to City for approval.
When work is complete, the Contractor will determine the final quantities of the work performed and prepare the final progress payment and submit it to the Public Works Director for approval.
It will take a minimum of 35 calendar days from the date of approving the Contractor’s invoice to make the payment to the Contractor. However, payments will be withheld pending receipt of any outstanding reports required by the contract documents, or legal release of filed Stop Payment Notices against the Contractor. In addition, the final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as-built conditions.
The full five percent (5%) retention will be deducted from all progress payments. The Contractor will make a payment request for the retained amount, for approval by the City, upon field acceptance of the work by the City Public Works Director. The City Public Works Director upon field acceptance and receipt of the final as-built plans and any other reports or documents required to be provided by the Contractor will process a recommendation to the City Council for acceptance of the work. Not less than 35 calendar days from the City Council acceptance of the work, the Contractor’s final payment will be made provided Stop Payment Notices or other claims have not been filed against the Contractor and/or the City by material suppliers, sub- contractors, other governmental agencies, and private property owners. Until these Stop Payment Notices are released, and claims are resolved the stop payment/claim amount will be withheld from the final payment.
The Contractor, however, may receive interest on the retention for the length of construction, or receive the retention itself as long as the retention is substituted with escrow holder surety or equal value.
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At the request and expense of the Contractor, surety equivalent to the retention may be deposited with the State Treasurer, or a State or Federally chartered bank, as the escrow agent, who will pay such surety to the Contractor upon satisfactory completion of the contract.
Pursuant to PCC § 22300, the Contractor may substitute securities for retention monies held by the City or request that the City place such monies into an escrow account. The Contractor is notified, pursuant to PCC § 22300, that any such election will be at the Contractor’s own expense and will include costs incurred by the City to accommodate the Contractor’s request.
Progress payment paid by the City as contemplated herein, will be contingent upon the Contractor submitting, in addition to any additional documents, an updated Contract Schedule in the form prescribed by these Contract Documents. Failure of the Contractor to submit an acceptable updated Contract Schedule will result in the City withholding partial payment, without liability to the City, until such an acceptable updated Contract Schedule is submitted. Nothing herein will allow the Contractor to suspend or slow progress of the Work.
A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account which is the sole source of funds available for payment of the Contract Sum. Contractor understands and agrees that Contractor will be paid only from this special fund and if for any reason this fund is not sufficient to pay Contractor, Contractor will not be entitled to payment. The availability of money in this fund, and City’s ability to draw from this fund, are conditions precedent to City’s obligation to make payments to Contractor.
49. DELIVERED MATERIALS
Materials and equipment delivered or stored, but not incorporated into the work, will not be approved for progress payments.
50. TERMINATION OF AGENCY LIABILITY
Before receiving final payment, the Contractor will execute a “Release on Contract” form which will operate as, and will be a release to the City, the City Council, and each member of the City Council and their agencies, from all claims and liability to the Contractor for anything done or furnished for, or relating to, the work or for any act of neglect of the City of any person relating to or affecting the work, except the claim against the City for the remainder, if any there be, of the amounts kept or retained as in these Standard Specifications and except for any unsettled claims listed on said form which have been filed in compliance with the requirements for making claims.
--END OF SECTION--
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SECTION E. TECHNICAL SPECIFICATIONS
No guarantee is made for the quantities estimated under the bid items. The City reserves the right to reduce, increase the quantity or omit an item of work.
1.1 SCOPE OF WORK
A. The contractor shall remove the existing court and replace with a new indoor basketball court maple strip wood floor at the Barnes Gymnasium located at 350 S. MacPherrin Avenue, Monterey Park CA 91754.
B. The contractor shall provide all labor, materials, tools and equipment to complete the removal of old floor and installation of new floor, including subflooring system (approximately 7,454 square feet)
C. The scope of work shall include, but not limited to, the following:
a. Removal and disposal of existing maple strip wood floor. b. Removal and disposal of existing plywood subflooring system. c. Install one (1) vapor barrier
d. Rack out and install one (1) maple wood floor system e. Apply striping for one (1) main basketball court, two (2) side basketball courts, and three (3) pickleball courts. Colors to be approved by the City. f. Apply one center logo (City of Monterey Park logo).
g. Install new wall cove base.
h. Remove any and all waste.
i. All work to be performed in one phase during regular working hours.
D. Basis of design shall be the “Alliance” sports floor system as provided by Connor Sports (or approved equal).
E. Complete installation shall be carried out by an experience installer (C-15 Flooring Contractor). All work shall be performed in accordance with most recent installation instruction of the manufacturer.
F. The installed flooring system shall be independently evaluated to meet established performance standard for the athletic flooring industry (Maple Flooring Manufacturers Association PUR, ASTM F2772).
1.2 DESCRIPTION
A. Concrete subfloors
a. Floor profile height (specify or delete):
I. 2-1/4” (57mm) profile height when including 25/32” (20mm) wood flooring floor surface.
II. Additional Profile Height options available, please consult with Connor Technical Department for assistance.
b. The general contractor shall furnish and install the concrete subfloor, depressing the slab sufficiently to accommodate the floor system. The slab shall be steel troweled and finished smooth to a tolerance of 1/8” in
City of Monterey Park Specification No. 2024-007
SECTION E. TECHNICAL SPECIFICATIONS Page E.2
any 10’ (3mm in any 3m) radius by the general contractor. High spots shall be ground level and low spots filled in with approved leveling compound by the general contractor to the full approval of the Flooring Installer.
1.3 REFERENCES
MFMA – Maple Flooring Manufacturers Association
1.4 QUALITY ASSURANCE
Manufacturer
Manufacturer of resilient flooring shall be a firm specializing in manufacturing products specified in this section.
Basis of design shall be “ Alliance” floor system as provided by Connor Sports.
Materials other than those listed must be approved 10 days prior by written addendum. Materials from non-approved manufacturers will not be accepted.
Installer (Flooring Contractor)
The complete installation of the flooring system, as described in the scope of these specifications, shall be carried out by an experienced installer (C-15), and the work shall be performed in accordance with most recent installation instructions of the manufacturer.
Installer (C-15) shall be liable for all matters related to installation for a period of one year after the floor has been substantially installed and completed.
Performance Testing
Floor system shall have been independently evaluated according to established performance standards for the athletic flooring industry.
Compliance of the athletic floor standard(s) for specified system as provided by Connor Sports at www.connorsports.com.
1.5 SUBMITTALS
Specification - Submit Connor “Alliance” specification sheets.
Sample - Submit one sample of specified system, if requested by City.
Maintenance Literature - Upon completion of floor installation, send to owner, attendants, or individuals in charge and responsible for the upkeep of the building, a CARE CARD. This card spells out care and maintenance instructions including temperature and humidity ranges for areas where flooring is installed.
1.6 WORKING CONDITIONS
The concrete subfloor shall be determined dry by industry standard testing procedures, free of foreign materials and turned over to the installer (Flooring Contractor) broom clean. Moderate room temperature of 65 degrees (18 degrees Celsius) or more shall be maintained a week preceding and throughout the duration of the work. Humidity conditions within the building shall approximate the
City of Monterey Park Specification No. 2024-007
SECTION E. TECHNICAL SPECIFICATIONS Page E.3
humidity conditions that will prevail when the building is occupied.
Permanent heat, light and ventilation shall be installed and operating during and after installation, maintaining a range of temperature and humidity compatible with the expected low and high moisture content of the flooring. The wood moisture content range is determined by the Flooring Installer based on the facility’s mechanical controls and/or geographical location.
Flooring must be stored in a dry, well-ventilated area, not in contact with masonry, to acclimate to building conditions and shall be installed at moisture content compatible with the normally expected environmental range of temperature and relative humidity achieved while the facility is occupied.
General Contractor shall lock floor area after floor is finished to allow proper cure time. If general contractor or owner requires use of floor after proper cure time, he shall protect the floor by covering with non-marring Kraft paper or red rosin paper with taped joints until acceptance by owner of complete floor.
Working conditions as described above shall be followed. Variations and substitutions shall be submitted for approval to the architect who shall advise Connor of the same.
1.7 WARRANTY
Connor warrants that the materials it has supplied will be free from manufacturing defects for a period of one year on the subfloor and flooring and three years on the Secure Grip Technology fastening system. The foregoing warranty is in lieu of and excludes all other warranties not expressly set forth herein, whether express or implied in operation of law or otherwise, including, but not limited to, any implied warranties of merchantability or fitness. This warranty is expressly limited to the flooring materials (goods) supplied by Connor. This warranty does not cover floor damage caused (wholly or in part) by fire, winds, floods, moisture, other unfavorable atmospheric conditions, or chemical action, nor does it apply to damage caused by ordinary wear, misuse, abuse, negligent or intentional misconduct, aging, faulty building construction, concrete slab separation, faulty or unsuitable subsurface or site preparation, settlement of the building walls or faulty or unprofessional installation of Connor flooring systems.
Connor shall not be liable for incidental or consequential losses, damages or expenses directly or indirectly arising from the sale, handling or use of the materials (goods) or from any other cause relating thereto, and their liability hereunder in any case is expressly limited to the replacement of materials (goods) not complying with this agreement, or at their elections, to the repayment of, or crediting buyer with, an amount equal to the purchase price of such materials (goods), whether such claims are for breach of warranty or negligence. Any claim shall be deemed waived by buyer unless submitted to Connor in writing within 30 days from the date buyer discovered, or should have discovered, any claimed breach.
PART 2 – PRODUCTS
City of Monterey Park Specification No. 2024-007
SECTION E. TECHNICAL SPECIFICATIONS Page E.4
2.1 MATERIAL
Vapor Barrier – minimum 6-mil (0.2mm) polyethylene.
Subfloor
Alliance factory assembled subfloor panels. Nominal 3/4” (19mm) plywood nailers set at Alliance spacing with 3/4” (19mm) Rezill pads attached. Cross struts shall be nominal 1/2” (12mm) plywood with factory provided anchor pockets.
Flooring Surface
Connor Laytite Maple
25/32” X 2-1/4” (20mm x 57mm), Second & Better Grade, Northern Hard Maple flooring, TGEM, MFMA Grade marked and stamped as
manufactured by Connor Sports, Amasa, MI.
Optional grades (specify above or delete)
I.First Grade
II.Third Grade
Fasteners
Flooring Fasteners
Maple Surface - Minimum 2” (51mm) barbed cleats or coated staples.
Subfloor Fasteners
1-1/4” (32mm) coated staples or nails
PL400 Adhesive or equal
Finish Materials
Oil Modified polyurethane seal and finish or equal
Game Lines
Paint shall be compatible with finish used. Contractor to submit proposed paint for review and approval.
Wall Base
3 in x 4 in (76mm x 102mm), extruded Connor Designer Sport Base Color Options – Black selected by City.
PART 3 – EXECUTION
3.1 EXECUTION
Inspect concrete slab for proper tolerance and dryness. Report any discrepancies to City in writing.
Concrete slab shall be broom cleaned by general contractor.
Installer shall document all working conditions provided in General Specifications prior to commencement of installation
3.2 INSTALLATION
Subfloor
City of Monterey Park Specification No. 2024-007
SECTION E. TECHNICAL SPECIFICATIONS Page E.5
Cover concrete with poly, lapping joints a minimum of 6” (152mm).
Layout subfloor assembly with sleepers at right angle to finish flooring.
Panels must be expanded to installation configuration with cross struts perpendicular to sleepers.
Place subfloor panels to maintain spacing between panel edges as provided between pre-assembled sleepers.
Lap panel nailer ends on designated end connectors, providing 1/4” (6mm) end joint spacing, and secure with nails or staples and construction adhesive.
Align subfloor panels to ensure end joint offset is a minimum of 12” (305mm) in adjacent rows.
Provide 1-1/2” (38mm) expansion voids at perimeter and at vertical obstructions.
Install solid blocking at doorways, under bleachers in stacked position, and below portable goals.
Secure sleeper struts to concrete using selected anchor option.
Maple Flooring
Install maple flooring parallel to main playing court by power nailing or stapling at all sleeper locations.
End joints shall be properly driven up.
If required, size joints between flooring strips to allow for intermediate expansion in accordance with local humidity conditions.
Provide 1-1/2” (38mm) expansion voids at perimeter and at all vertical obstructions.
3.3 FINISHING
Maple Flooring
Machine sand with coarse, medium, and fine paper to a smooth, even and uniform surface.
Remove sanding dust from entire surface by tack or vacuum.
Inspect entire area of floor to ensure that surface is acceptable for finishing, clean and completely free from sanding dust.
Apply two (2) coats of approved seal and two (2) coats of approved finish per manufacturer’s instructions.
Buff and clean floor between coats.
Apply game lines as indicated on drawings in between second seal coat and first finish coat.
BASE INSTALLATION
Install Connor Designer Sport Base to walls using adhesives.
CLEANING
Remove excess and waste materials from the area of work.
--END OF SECTION--
City of Monterey Park Specification No. 2024-007
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.1
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF MONTEREY PARK
AND
___________________________________
This CONTRACT is entered into this ___ day of ______________, 20__, by and between the CITY OF MONTEREY PARK, a general law city and municipal corporation (“the City”) and _____________________________________________ (“the Contractor”).
1. WORK.
A. The Contractor will provide all work required by the Contract Documents (the “Work”). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents.
D. “Contract Documents” means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed _ _ ($ ) dollars for the Work in the manner set forth in the Contract Documents. The City may adjust
City of Monterey Park Specification No. 2024-007
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.2 this amount as set forth in the Contract Documents.
3. TIME FOR PERFORMANCE .
A. The Contractor will fully complete the Work within 40 working days (the “Contract Time.”)
B. The Contract Time will commence when the City issues a notice to proceed.
The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract.
C. The Contractor may not perform any Work until:
i. The Contractor furnishes proof of insurance as required by the Contract Documents; and
ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed.
D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor’s own cost and risk.
4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13.
5. THIRD PARTY CLAIMS . In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third-party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third-party claim.
6. TAXPAYER IDENTIFICATION NUMBER . The Contractor will provide the City with a Taxpayer Identification Number.
7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work.
8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City’s property. The Contractor may retain copies of said
City of Monterey Park Specification No. 2024-007
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.3 documents and materials as desired, but will deliver all original materials to the City upon the City’s written notice.
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification.
10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contra ctor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only.
11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents.
12. NOTICES . All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
The City The Contractor
City of Monterey Park __________________________
Attn: ______________________ Attn: ______________________ 320 West Newmark Avenue __________________________
Monterey Park, CA 91754 __________________________
Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes
City of Monterey Park Specification No. 2024-007
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.4 may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
13. NO THIRD PARTY BENEFICIARY . This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.
14. INTERPRETATION . This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County.
15. EFFECT OF CONFLICT . In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as dete rmined in the Standard Specifications.
16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect.
17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City’s city manager, or designee, may execute any such amendment on the City’s behalf.
18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.
19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph.
20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract.
City of Monterey Park Specification No. 2024-007
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.5
21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.
City of Monterey Park Specification No. 2024-007
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.6 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
___________________________
___________________________
INSERT AUTHORIZED NAME
INSERT TITLE
Taxpayer ID No. INSERT TAX PAYER ID
NUMBER
CITY OF MONTEREY PARK
____________________________
Inez Alvarez
City Manager
ATTEST:
________________________
____
Maychelle Lee
City Clerk
APPROVED BY:
_______________________
Karl H. Berger
City Attorney
City of Monterey Park Specification No. 2024-007
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.7
FAITHFUL PERFORMANCE BOND
Bond No.:_____________
Bond Fee:_____________
(“PRINCIPAL”) and , a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety (“SURETY”), are held and firmly bound unto the CITY OF MONTEREY PARK (“CITY”) in the sum of ($ ) dollars, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument.
PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, SPECIFICATIONS NO. 2024-007, and the public works contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default.
BOND CONDITIONS
1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. 2024-007, a copy of which is on file with CITY’s Engineering Division (“Public Project”). Such performance will be in accordance with CITY’s plans and profiles which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY’s Engineering Division. CITY has estimated the required amount of the bond as shown above.
2. PRINCIPAL’s work on the Public Project will be done in accordance with
3. CITY’s plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor.
4. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project’s completion and acceptance by CITY.
5. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the Monterey Park Municipal Code (“ESMC”).
6. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. 2024-007 or of the obligation
City of Monterey Park Specification No. 2024-007
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.8 to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed.
7. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference:
A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so;
B. A certificate issued by the county clerk for the county in which SURETY’s representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY’s certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and
8. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL’s obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect.
SIGNED AND SEALED this day of , 20__.
PRINCIPAL’s PRESIDENT SURETY’s PRESIDENT
PRINCIPAL’s SECRETARY SURETY’s SECRETARY
PRINCIPAL’s MAILING ADDRESS: SURETY’s MAILING ADDRESS:
NOTE: All signatures shall be acknowledged by a notary public. Return two (2) originals to City Clerk’s Office.
City of Monterey Park Specification No. 2024-007
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.9
LABOR AND MATERIAL BOND
Bond No.:_____________
Bond Fee:_____________
, as principal (“PRINCIPAL”) and , a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety (“SURETY”), are held and firmly bound unto the CITY OF MONTEREY PARK (“CITY”) in the sum of ($ ) dollars, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument.
This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL’S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in BARNES GYMNASIUM FLOORING REPLACEMENT, SPECIFICATION NO. 2024-007 (“Public Project”), the public works contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default.
BOND CONDITIONS
1. PRINCIPAL will construct the public improvements identified in the Public Project and the public works contract executed for such Public Project, copies of which is on file with CITY’s Public Works Department. Such performance will be in accordance with CITY’s plans and profiles SPECIFICATIONS NO. 2024-007 which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY’s Public Works Department.
2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment.
3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon.
4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the Monterey Park Municipal Code (“ESMC”).
5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of the Public Project or of the obligation to be performed
City of Monterey Park Specification No. 2024-007
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.10 will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed.
6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference:
A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and
B. A certificate issued by the county clerk for the county in which SURETY’s representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY’s certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted.
7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL’s obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect.
SIGNED AND SEALED this day of , 20__.
PRINCIPAL’s PRESIDENT SURETY’s PRESIDENT
PRINCIPAL’s SECRETARY SURETY’s SECRETARY
PRINCIPAL’s MAILING ADDRESS: SURETY’s MAILING ADDRESS:
NOTE: All signatures shall be acknowledged by a notary public. Return two (2) originals to City Clerk’s Office.
--END OF SECTION--
City of Monterey Park Specification No. 2024-007
APPENDIX 2. CONTRACT FOR SECURITY DEPOSITS IN LIEU OF RETENTION Page A2.1
CONTRACT FOR SECURITY DEPOSITS IN LIEU OF RETENTION
[PURSUANT TO PUBLIC CONTRACTS CODE § 22300]
This AGREEMENT is entered into this day of , 20 , by and between the CITY OF MONTEREY PARK, a general law city and municipal corporation (“CITY”), (“CONTRACTOR”), and (“AGENT”).
1. RECITALS. This Agreement is made with reference to the following facts and objectives:
A. On or about , CITY and CONTRACTOR entered into a public works contract (Specifications No. ) for (“Contract”).
B. The Contract allows CITY to withhold a portion of the monies due to CONTRACTOR to help ensure CONTRACTOR’s performance of the Contract.
C. The Contract, in accordance with Public Contracts Code (“PCC”) § 22300, allows CONTRACTOR to substitute securities for the retention amount or establish an escrow account for monies withheld by CITY.
2. SECURITY DEPOSITS IN LIEU OF RETENTION. In accordance with PCC § 22300, CONTRACTOR may
A. Deposit securities with AGENT as a substitute for retention earnings required to be withheld by CITY pursuant to the Contract. When CONTRACTOR deposits the securities as a substitute for Contract earnings, AGENT will notify CITY within ten (10) days of the deposit. The market value of the securities at the time of the substitution will be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract. Such amount is calculated to be ($ ). Securities will be held in the name of the City of Monterey Park, and will designate the CONTRACTOR as the beneficial owner of such securities; or B. Upon written notice, request CITY to make payments of the retention earnings directly to AGENT.
3. PROGRESS PAYMENTS; SECURITIES. CITY will make progress payments to CONTRACTOR for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the AGENT holds securities in the form and amount specified above.
4. RETENTION EARNINGS; ESCROW ACCOUNT. When CITY makes payment of retention earnings directly to AGENT, AGENT will hold them for the benefit of CONTRACTOR until the time that the escrow created under this Agreement is terminated. CONTRACTOR may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and
City of Monterey Park Specification No. 2024-007
APPENDIX 2. CONTRACT FOR SECURITY DEPOSITS IN LIEU OF RETENTION Page A2.2 responsibilities of the parties will be equally applicable and binding when CITY pays AGENT directly.
5. CONTRACTOR’S EXPENSE. CONTRACTOR will be responsible for paying all fees for the expenses incurred by AGENT in administering the Escrow Account and all of CITY’s expenses. These expenses and payment terms will be determined by CITY, CONTRACTOR, and AGENT.
6. INTEREST; SECURITIES. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest will be for the sole account of CONTRACTOR and will be subject to withdrawal by CONTRACTOR at any time and from time to time without notice to CITY.
7. INTEREST; ESCROW ACCOUNT. CONTRACTOR will have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to AGENT accompanied by written authorization from CITY to AGENT that CITY consents to the withdrawal of the amount sought to be withdrawn by CONTRACTOR.
8. DEFAULT BY CONTRACTOR; SECURITIES. CITY will have a right to draw upon the securities in the event of CONTRACTOR’s default of the Contract.
Upon seven (7) days’ written notice to AGENT from CITY of the default, AGENT will immediately convert the securities to cash and will distribute the cash as instructed by CITY.
9. RELEASE OF ESCROW. After receiving a copy of the recorded Notice of Completion from CITY, and not earlier than the first working day following 35 days after the Notice of Completion was recorded, AGENT will release to CONTRACTOR all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow will be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
10. NOTIFICATIONS TO AGENT; HOLD HARMLESS. AGENT will rely on the written notifications from CITY and CONTRACTOR pursuant to this Agreement and CITY and CONTRACTOR will hold AGENT harmless from AGENT’s release and disbursement of the securities and interest as set forth above.
11. RESPONSIBLE PERSONS. The names of the persons who are authorized to give written notice or to receive written notice on behalf of CITY and on behalf of CONTRACTOR in connection with the foregoing, and exemplars of their respective signatures are as follows:
F o r C I T Y : F a c s i m i l e :
For CONTRACTOR: Facsimile:
F o r A G E N T : F a c s i m i l e :
City of Monterey Park Specification No. 2024-007
APPENDIX 2. CONTRACT FOR SECURITY DEPOSITS IN LIEU OF RETENTION Page A2.3
12. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.
13. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.
14. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
15. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY.
16. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.
17. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.
18. COUNTERPARTS. This Agreement may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date. At the time the Escrow Account is opened, CITY and CONTRACTOR will deliver to the AGENT a fully executed counterpart of this Agreement.
City of Monterey Park Specification No. 2024-007
APPENDIX 2. CONTRACT FOR SECURITY DEPOSITS IN LIEU OF RETENTION Page A2.4 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
____________________________
____________________________
INSERT AUTHORIZED NAME
INSERT TITLE
Taxpayer ID No. INSERT TAX PAYER ID
NUMBER
CITY OF MONTEREY PARK
______________________________
Inez Alvarez
City Manager
ATTEST:
________________________
_____
Maychelle Yee
City Clerk
APPROVED BY:
_________________________________
Karl H. Berger
City Attorney
--END OF SECTION--
City of Monterey Park Specification No. 2024-007
APPENDIX 3. CONTACT INFORMATION Page A3.1
The Contractor shall notify the City and the owners of all utilities and substructures not less than 48 hours prior to starting construction. The following list of names and telephone numbers is intended for the convenience of the Contractor and is not guaranteed to be complete or correct:
UPDATE CONTACT LIST AS NECESSARY
CITY OF MONTEREY PARK, Engineering Div. (626) 307-1320 Anthony Bendezu CITY OF MONTEREY PARK, Water Div. (626) 307-1293 George Noriega SOUTHERN CALIFORNIA EDISON COMPANY (323) 720-5263 Roy Liu SOUTHERN CALIFORNIA GAS COMPANY (714) 634-3186 Fernando Rojo METROPOLITAN WATER DISTRICT (562) 713-0348 Kevin Johansen AT&T (626) 318-9039 Marco Macias
CHARTER CABLE TELEVISION (626) 705-7473 Luis Gonzales UNDERGROUND SERVICE ALERT (USA) 811
POLICE DEPARTMENT DISPATCH (626) 307-1211
FIRE DEPARTMENT DISPATCH (626) 307-1262
--END OF SECTION--
City of Monterey Park Specification No. 2024-007
APPENDIX 4. BASKETBALL COURT LAYOUT Page A5.1
APPENDIX 4. BASKETBALL COURT LAYOUT
10' 8'-3" 8'-3"
6'
5'-3"
19'
3'
2" Wide x 8" Deep
12" Wide x 8" Deep
15'
12'-1"
19'-9"
19'
3'
19'-9"
84'
18'
50'
6'
75'-6"
42'
7'-6"
10'-1" 10'
7'-6"
20'
44'
6'
2" Wide x 8" Deep
12" Wide x 8" Deep
3'
3'
15'
CITY OF MONTEREY PARK, CALIFORNIA
PREPARED IN THE OFFICE OF
BARNES GYMNASIUM STRIPPING
CITY OF MONTEREY PARK, ENGINEERING DEPARTMENT
Staff Report
November 20, 2024
ATTACHMENT 2
R & S Flooring Solutions Bid Proposal
City of Monterey Park Specification No. 2024-007
SECTION C. BIDDERS PROPOSAL
(Entire section C shall be submitted with the bid)
BIDDER,S 1;a;y19. R & S Floorins Solutions
ln accordance with the City's lrlotice lnviting Sealed Bids, the undersigned BIDDER, hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefore, andio pertorm allwork in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, plans, Specifications, lnstructions to Bidders, and all other contract documents. lf this proposal'is accepted for award, BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of Monterey Park of the guarantee accompanying this proposal'
BIDDER understands that a bid is required for the entire work. The contract will be awarded on the prices shown on the bid schedule. lt is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties and fees. ln the case of discrepancies in the amounts of bid, unit prices shall govern over extended amount, and words shall govern over figures.
lf awarded the Contract, the undersigned further agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City's notice of award of contract to the BIDDER, the proceeds of the guarantee accompanying this bid shall become the propefi of the City and this bid and the acceptance hereof may, at the City's option, be considered null and void.
A. BID SCHEDULE
To the Monterey Park's City Council, herein called the "Council".
Pursuant to and in compliance with your Notice lnviting Bids and the other documents relating thereto, the undersigned bidder, having familiarized himself with the work, and with the terms of the contract, the local conditions affecting the performance of the contract, and the cost of the work at the place where the work is done, and with the drawings and specifications and other contract documents, hereby proposes and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all applicable taxes, utility and transportation services necessary to perform the contract and complete in a workmanlike manner, al! in strict conformity with the Contract Documents on file at the office of the City Clerk of said City, per the following bid schedule:
re $ection C shall be submitted with theSECTION C. BIDDER'S PROPOSAL Page C. 1
City of Monterey Park Specification No. 202 4-007
BID SCHEDULE
For Barnes Gymnasium Flooring Replacement, Specificaltqn No .2024-007 No. Bid ltem Description Quantity Unit Unlt Bid Total Bid 1 Removal, haul away and disposal of existing
Barnes Gymnasium flooring
1 LS $ 35875.00 $ 3587s.00
2 Preparation of sub-floor including filling, patching, and Ieveling as required, and all other methods
and materials required in the preparation of sub-
floor to receive installation of wood floor.
1 LS $ 35875.00 $ 3s87s.oo
3 Complete installation of new basketball gym multi-
use resilient wood flooring system, and all methods
and materials required for installation.
1 LS $ s74oo.oo $ 574oo.oo
4 New Barnes Gymnasium court striping layout per
Appendix 4. Basketball Court Layout
1 LS $ 14350.00 $ 143so.oo
TOTAL BASE BID AMOUNT IN NUIMBERS $ 143500.00
TOTAL BASE BID AMOUNT !N WCIRDS:
One Hundred And Forty Three Thousand Five llundred Dollars And Zero Cents Entire bection C shall be submitted with the bidSECTION C. BIDDER'S PROPOSAL Page C.2 ?
City of Monterey Park Specification No. 202 4-007
The award of Contract shall be based on the TOTAL BASE BID AMOUNT. ln the case of discrepancies in the amount of bid, unit prices shall govern over extended amounts, and words shall govern over figures
Full compensation for the items listed to
the right as ltems A, B, C, D and E are
considered as inclusive in each Bid ltem
listed above in the Bid Schedule as
applicable, and no additional and/or
separate compensation will be allowed.
A. Mobilization / Demobilization
B. Traffic Control
C. NPDES, \nn/VECP, and Best
Management Practices (BMPs), Public
Convenience and Safety
D. Construction Staking by Land Suryeyql'
E. Clearinq and Grubbing
The bid prices shall include any and all
expenses, taxes, royalties and any and
project, in compliance with the Bid and
costs, including labor, materials, appurtenant
all other incidental costs to complete the
Contract Documents and all applicable codes
and standards.
The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amou nt of change does not exceed 25o/o (plus or minus) of the total bid amount for the entire project. lf the change excee ds 25o/o, a change order may be negotiated to st unit bid prices.
All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices.
A bid is required for the entire
are to calculate total bid amou
work, that the quantities set forth in the Bid Schedule nt, and that final compensation under the contract will be based upon the actual q uantities of work satisfactorily completed. re lsection C shall be submitted with the biSECTION C. BIDDER'S PROPOSAL Page C. 3
City of Monterey Park Specification No. 202 4-007
DESIGNATION OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work which are in excess of one- half of one percent of the bid and to procure materials and equipment from suppliers and vendors as follows:
Su bcontractor I nformation Work to be Performed Dollar Amount Name: N/A
S-Address:
Tel:
Name:
Address:
Tel
Name:
SAddress.
Tel:
S
Address:
Tel.
Name
qAddress:
Tel
Name:
qAddress:
Tel:
Name:
S-Address:
Tel
Total Subcontract Amount (shall not exceed 49o/o of Total Bid Amount)
s
Page C. 4
S-
Name:
SECTION C. BIDDER'S PROPOSAL
City of Monterey Park Specification No. 202 4-007
REFERENCES
References shall be for projects constructed by the bidding company; references for other projects performed by principals or other individuals of the bidding company may not be included. References shall be either minimum from 3 Public Aoencies; or 41i4!mum.from 2 Public Aoencies plus 2 Private Entities for which BIDDER has performed similar work within the past three years.
Reference 1
Agency Name
Chaffey Joint Union High School District
Project Name and Brief Description
Montclair High School Hardwood Gym Floor Replacement
Complete Remova! and replacement of hardwood
gymnasium floor.
Contact Name and Title
Robert Slagle Director M & O Department
Tel 90998885 1 1
E-mail: [email protected] Contract Value: $ 214435'7e Year ComPleted' 2024 Reference 2
Agency Name
Rialto Unified School District
Project Name and Brief Description
Gym Flooring at Carter High School
Complete Sand repaint and refinish
of hardwood gymnasium floor.Contact Name and Title
Christopher Cisneros Custodian Supervisor
Tel'e0e8207700
E-mail: [email protected] Contract Value: $ 8s'o3s'oo Year Completed' 2022 Reference 3
Agency Name
Capistrano Unified School District
Project Name and Brief Description
Gymnasium Floor Maintenance
Annua gymnasium floor
cleaning and recoatContact Name and Title
Larry Vernaza
Tel: e4e234e200
E-mail : [email protected] Contract Value: $ 8s,so8'88 Year Completed ' 2024 Entire section C shall be submitted with theSECTION C. BIDDER'S PROPOSAL Page C. 5
City of Monterey Park Specification No. 202 4-007
Reference 4
Agency Name Project Name and Brief Description
Contact Name and Title
Tel
E-ma Contract Value: $ Year Completed:_
SITE INSPECTION
The Bidder declares that he/she has carefully read and examined the plans, specifications, bid documents, and he/she has made a personal examination of the site (indicate name of the person, representing the bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project without question.
Name of Person who inspected the site: Robert Butler
Date of lnspection
October 1sth 2024
ADDENDA ACKNOWLEDGMENT
The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal:
Addendum No.
1 Dated 10t08t2024
Addendum No
Addendum No
Addendum No
Addendum No
Addendum No.
Dated 10t16t2024
Dated
10t21t2024
Dated 10t23t2024
Dated
Dated
Entire section C shall be submitted with theSECTION C. BIDDER'S PROPOSAL Page C. 6 5 10/28/2024
City of Monterey Park Specification No. 202 4-007
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
BIDDER certifies that al! previous contracts or subcontracts, al! reports which may have been due under the requirements of any Agency, Site, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.
AFFIRMATIVE ACTION CERTIFICATION
BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.
Entire section C shall be submitted with theSECTION C BIDDER'S PROPOSAL Page C.7
City of Monterey Park Specification No. 202 4-007
INSURANCE REQU IREMENTS
To be awarded this contract, the successful bidder shal! procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Tvpe o:[ Insurance Limits
Commercial general liability: $2,000,000
Business automobile Iiability $1 ,000,000
Workers compensation Statutory requirement.
Commercial general liability insurance shall meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above shall be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies shall be endorsed to name the City, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by the City will be excess thereto. Such endorsement shall be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance shall be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
Automobile coverage shall be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
The Contractor shall furnish to the City duly authenticated Certificates of lnsurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. lnsurance shall be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:Vll." Certificate(s) shall reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Contractor shall require its insurer to modiff such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor'' with regard to any notice provisions.
By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City's Contractor. Failure to provide this insurance will render the bidder's proposal "nonresponsive." Biddef,S Name: R&SFlooringSolutions
Authorized Signature
Name and Title Robert Butler Owner
Date lO a ?g: --laLL/
Entire section C shall be submitted with theSECTION C. BIDDER'S PROPOSAL Page C. 8
City of Monterey Park Specification No. 202 4-007
PUBLIG CONTRACT CODE SEGTION 7106
Noncollusion Declaration by Bidder
The undersigned declares:
am
R& S Flooring Solutions
the Owner of
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, Iimited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Bidder's Name:
Authorized Signature:
Name and Title:
Date:
R&SFlooringSolutions
the party making the foregoing bid
Robert Butler Owner
/o^?g: ^?o z
Page C. ISECTION C. BIDDER'S PROPOSAL
a
City of Monterey Park Specification No. 202 4-007
PUBLIC CONTRACT CODE SECTION 10162
!n conformance with the above Public Contract Code Section, the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder any officer of such bidder, or any employee of such bidder who has a proprietary interest in such bidder
has never beenYes has been no (indicate YES or NO after applicable answer) disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation, and if so to explain the circumstances.
lf the answer is has been YES explain the circumstances below:
Bidder's Name:
Authorized Signature
Name and Title:
Date:
R&SFlooringSolutions
Robert Butler Owner
Ia --aq^ Z,2.1
Page C. 10SECTION C. BIDDER'S PROPOSAL
City of Monterey Park Specification No. 202 4-007
PUBLIC CONTRACT CODE SECTION 10232
ln conformance with above Public Contract Code Section, the bidder hereby declares under penalty of perjury under the laws of the State of California that no more than one final, unappealable finding of contempt of court by a federal court has not been Yes has been llo (indicate YES or NO after applicable answer) issued against the bidder within the immediately pregeding two-year period because of the contractor's failure to comply with an order of a federal court which orders the contractor to comply with an order of the National Labor Relations Board. For purposes of this section, a finding of contempt does not include any finding which has been vacated, dismissed, or othenrvise removed by the court because the contractor has complied with the order which was the basis for the finding.
Bidder's Name:
Authorized Signature
Name and Title:
Date.
R&SFlooringSolutions
Robert Butler Owner
Io^?Y*/ez*
Entire section C shall be submitted with theSECTION C. BIDDER'S PROPOSAL Page C. 11
City of Monterey Park Specification No. 202 4-007
PUBLIC CONTRACT CODE SECTION 10285.1
ln conformance with above Public Contract Code Section, the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof
has never beenlgl has been No (indicate YES or NO after applicable answer) convicted within the preceding three years by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federalantitrust law in connection with the bidding upon, award of, or performance of, any publicworks contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including, forthe purposes of this article, the Regents of the University of California or the Trustees of the California State University.
Bidder's Name:
Authorized Signature:
Name and Title:
Date.
R&SFlooringSolutions
o ^?c{ *Zz'Z-*./
Robert Butler Owner
Entire section C shall be submitted wath the bidSECTION C. BIDDER'S PROPOSAL Page C. 12
City of Monterey Park Specification No. 2024-007
BIDDER INFORMATION
Biddef'S Name: R&SFlooringSolutions
a , . PO Box 1 16 Wldomar Ca 92595
AOOTESS:
Form of Legal Entity:
Sole proprietor
lf a Corporation, State of lncorporation:
State Contractor's Class and License No.
c-15 994595
Contact Person Information
Name.
Robert Butler Title Owner
Rbutler@ randsfl oori ngsol uti ons. com Tel 9514427223E-mail:
The following are the names, titles, addresses, and phone numbers of all individuals, firm members, pirtners, joint venturers, and/or corporate officers having a principa! interest in this proposal:
N/A
The date(s) of any voluntary or involuntary bankruptcy judgements against any principal having an interest in this proposal are as follows:
N/A
All current and prior DBA'S, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
R&SFlrooingSolutions
Previous contract performance history:
Was any contract terminated previously: No
lf the answer to the above is "yes", provide the following information Entire sectaon C shal! be submitted with the bidSECTION C. BIDDER'S PROPOSAL Page C. 13
City of Monterey Park Specification No. 202 4-007
ContracUproject name and number:
Date of termination
Reason for termination
Owner's name:
Owner contact person and tel. no.
lN WITNESS WHEREOF, BIDDER executes and submits this proposa lwith the names, titles, hands, and seals of all aforementioned principals this 25th day of 2024.
BIDDER R&SFlooringSolutions
,l* 04
il*,4*- : lo La z, LY
October
){
Subscribed and sworn to this 25th day of October 2024
NOTARY PUBLIC
Entire section C shall be submitted with the bidSECTION C. BIDDER'S PROPOSAL Page C. 14
Specificatton No. 2024-S07
City sf Monterey Pad<
PROPOSAL GUARANTEE
BID BOND
Bond No.: WF87455885
KNOW ALL MEN BY THESE PRESENTS tN"t ,
"i
elDoeR, AND otd Republic suretv companv . as suRETy. are held and firmly bounduntothecityoruontereyPark,inthepenalsumof,F.ry0a/t00 (314.350.00 )dollars, lawful *on"y of the united states,.which is 10 percent of-the total ;ffit bid by BtDDiR to the clty or Monterey rar]< lo1 the BSBNEE qYrql,f{Aslt M E oonrnc iepuecertlenr$prbfrls$I=qt-.t no. Aoz.l-002 ("Public Project"). for the ie to be bound' jointly and severally'
firm by these Presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH thAt, WhETEAS BIDDER iS AbOUt to submit a bid to the City of Monterey Park for the above stated project, il said bid is rejected, or if said bid is aicepted and i contract is awarded and entered into by BIDDER in the manner and time specifiud, then this obligation shall be null and void, othenrvise it shall remain in full force and effect in favor of the City of Monterey Park' lN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this 24th day of - Octo-ber ,20!l.
SIGNED AND SEALED this 24th dAY Of October 2A24
R&SFlooringSolutions Old Republic Company
PRINCIPAL SURETY Jamie Ruth Cohen, Attorney-in-Fact
PRINCIPAL's MAILING ADDRESS:
Po Box 116 Wildomar CA 92595
SURETY,S MAILING ADDRESS:
445 S Moorland Road Suite 200
Brookfield Wl 53005
NOTE: All signatures shall be acknowledged by a notary public Entire sedion C shaf be submittsd wtth the hidSECTION C. BIDDER'S PROPOSAL Page C. 15
H.ffiTUHITfl trU H-ffiTY TffiIH TAhiY
POWER OF ATTORNEY
KNOW ALL MEN By THESE PRESENTS: That OLD REPUBLIC SUREry COMPANY, a \Msconsin stock insurance corporation, does make, constitute and appoint:
Jamie R. Cohen of lrvine, CA
its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bai! bonds, hank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds,f, as follows:
ALL WRITTEN INSTRUMENTS
and to bind oLD REPUBLIC SUREW COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.
This power of Attomey is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SUREW COMPANY on February 18,1982.
RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the Lxecution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. lN WTNESS W-.IEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 13th day of March
OLD REPUBLIC SURETY COMPANY
President
STATE OF WISCONSIN, COUNTY OF WAUKESHA. SS
On this 13th dav of March , &, personally came before me, Alan ano,tomeknowntobetheindividualSandofficersoftheoLDREPUBLlCSURETYCoMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. {(.
l, the undersigned, assistant secretary of the OLD REPUBLIC SUREry COMPANY, a Wsconsin corporation, CERTIFY that the foregoing and aftached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of
CERTIFICATE
Notary Public
My Commission Expires: September 28. 2026
(Expirorion of notory's commission does not involidore lhis instrument) Attorney, are now in force.
-...,:$
|iiitt;:.,
g._._."-r,
"__"^r.
. $Z
70 OO35 Zj.t?.1",,j.
signed and sealed al the city of Brookfield, w this
oRSc 22262 (3-m) '2'''' 1,""""'s
CLE lnsurance Agency
24th day of October ,2024
, 2023
a
'tr\\tll l' 'll trtll'"
'
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"o."oir
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nssis:U,rt Secreta[lr [f
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
OrangeCounty of )
On {o /24 /z,t before me, fiitQat?€ AL{ tgN, /\/ofq4/ frtdttL. (insert name and title of the officer)
personally appeared Jamie Ruth Cohen
who proved to me on the basis of satisfactory evidence to be the person($ whose name(f) is/are subscribed to the within instrument and acknowledged to me that he/she/they ca pacity(ree), a nd that by {n'is/her/their sig n atu re(g, on executed the same in
.', his/h e r/thein a ut h o ri zed the instrument the
person(sJ, or the entity upon behalf of which the person(g) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
@,:;,ffuililffi;,,
Signature (Seal)
cAr-rFoR${IA JURAT AERTTF'TCATE
A aotary public or other officct completiog this certificate ved.Ees oaty tbc idcotity of thc iadividual vho signcd thc docurreot to which this ccttificate is attached, and aot tle truthftloess, accuracF, or validity of that documeot State of Californra
\
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County of
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Staff Report
November 20, 2024
ATTACHMENT 3
Sample Public Works Agreement
1 PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF MONTEREY PARK AND
[CITY COUNCIL MUST APPROVE CONTRACTS GREATER THAN $60,000]
This CONTRACT is entered into this day of , 20 , by and between the CITY OF MONTEREY PARK, a general law city and municipal corporation (“the City”) and (“the Contractor”).
1. WORK.
A. The Contractor will provide all work required by the Contract Documents (the “Work”). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents.
D. “Contract Documents” means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed dollars ($ ) for the Work in the manner set forth in the Contract Documents.
The City may adjust this amount as set forth in the Contract Documents.
3. TIME FOR PERFORMANCE.
A. The Contractor will fully complete the Work within working days (the “Contract Time.”)
B. The Contract Time will commence when the City issues a notice to
2 proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract.
C. The Contractor may not perform any Work until:
i. The Contractor furnishes proof of insurance as required by the Contract Documents; and
ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed.
D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor’s own cost and risk.
4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13.
5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third-party claims against the Contractor, but in no event later than 10 business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third- party claim.
6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number.
7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work.
8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City’s property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City’s written notice.
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and
3 limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification.
10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only.
11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three years after termination or final payment under the Contract Documents.
12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:
The City The Contractor
City of Monterey Park
City Hall
Monterey Park, CA
Any such written communications by mail will be conclusively deemed to have been received by the addressee three days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.
4 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County.
15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.
16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect.
17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City’s city manager, or designee, may execute any such amendment on the City’s behalf.
18. ELECTRONIC SIGNATURES. This Contract may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.
19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph.
20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract.
21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF MONTEREY PARK
Enter Name,
City Manager
ATTEST:
Taxpayer ID No.
Enter Name, City Clerk
APPROVED AS TO FORM:
Karl H. Berger, City Attorney
_______________________
4882-0830-8877 v2
City Council Staff Report
DATE: November 20, 2024
AGENDA ITEM NO: Consent Calendar - 3I
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: 2024-25 Concrete Improvement Project – Award of Public Works Contract to Kalban, Inc.
RECOMMENDATION:
It is recommended that the City Council consider:
1. Authorizing the City Manager to execute a public works contract substantively similar to Attachment No. 3, in a form approved by the City Attorney, with Kalban, Inc. in the contract amount of $651,197 for the 2024-25 Concrete Improvement Project;
2. Authorizing the Director of Public Works to approve change orders not to exceed $130,240 over the total contract amount; and
3. Taking such additional, related action that may be desirable.
CEQA (California Environmental Quality Act):
The City reviewed the environmental impacts of the proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guideline § 15301(c) (Existing Facilities) exempts the operation, repair, maintenance, alteration of existing public or private structures which involve negligible or no expansion of existing or former use. The proposed work will occur entirely within an existing structure. Accordingly, no further environmental review is required.
EXECUTIVE SUMMARY
Capital Improvement Project (“CIP”) No. 96054 – 2024-25 Concrete Improvement Project includes curb ramp construction at various street intersections , sidewalk, and curb and gutter improvements (the “Project”) . Pursuant to Resolution No. 2024-R48, the Public Works Director solicited bids for the 2024-25 Concrete Improvements Project (Specification No. 2024-005).
The Notice Inviting Bids for this project was published with HLR Media LLC - Monterey Park Press on September 30 and October 07, 2024 with a bid due date of October 22, 2024. The public bid opening for the 2024-25 Concrete Improvement Project was held on October 22, 202 4. Eight bids were received: NPL Construction Co., Gentry General Engineering, Onyx Paving Co, Inc., CT&T Concrete Paving, Kalban, Inc, Toro Enterprises, Inc, Gentry Brothers, Inc ., US Builder and Constructions, Inc . It is recommended that City Council authorize the City Manager to execute a Public Works
Staff Report
November 20, 2024
contract with Kalban, Inc. , the lowest responsible bidder , for the 2024-25 Concrete Improvement Project in the amount of $ 651,197.00, plus a contingency amount not to exceed $130,240.00.
BACKGROUND
The Project is in anticipation of the City’s upcoming road rehabilitation project. The Public Works Director advertised the Project separately as it was determined the City receives more competitive bids when concrete contractors are the main bidders rather than sub - contractors when bidding as part of pavement rehabilitation projects.
The Project includes the reconstruction of 70 existing curb ramps in order to meet current ADA standards , 12 ,700 s.f. of sidewalk replacement and 100 l.f. of curb and gutter reconstruction.
The Notice Inviting Bids for this project was published with HLR Media LLC - Monterey Park Press on September 30 and October 07, 2024 with a bid due date of October 22, 2024. The bid opening for the project was held on October 22, 2024 at 10am, and include the following bids:
RANK BIDDER BASE BID AMOUNT
1 Kalban Inc $ 651,197.00
2 Onyx Paving Inc $ 654,000.00
3 NPL Construction Co $ 716,416.00
4 CT&T Concrete Paving $ 801,919.36
5 Toro Enterprises Inc $ 890,880.00
6 US Builders and Consultants $ 983,890.00
7 Gentry General Engineering $ 993,397.00
8 Gentry Brothers Inc $ 1,054,528.00
The bid submitted by Kalban, Inc. is the lowest responsive bid from a responsible bidder.
Kalban, Inc. was the lowest monitary cost. Staff checked compliance of completed and signed bid proposal cover form, completed and signed bid sheets, completed reference forms, completed subcontractor designation form, completed, signed and notarized bid bond, and that total bid prices were calculated correctly. Kalban, Inc.’s contractor's license was verified with the California State Contractor’s License Board to be current, active and in good standing. Registration with the California Department of Industrial Relations (DIR) was verified for both the prime contractor, Kalban, Inc. , and their subcontractor, Case Land Survey. Both Kalban, Inc. and Case Land Survey were not listed in the State Active Debarred List (DIR) or the Federal Active Debarred List (sam.gov) Staff also contacted the contractor’s references, City of Alhambra, City of Torrance and City of Cerritos, and received positive remarks such as quality work, staying on schedule, not asking for unnecessary change order, and they would hire the contractor again. Reference projects were completed within the past couple years.
Staff Report
November 20, 2024
It is recommended that the City Council awards the project to Kalban, Inc. for a total of $651,197.00 with a contingency not to exceed $130,240.00.
2024-25 STRATEGIC PLAN GOAL
The concrete improvements project supports the City’s goal to maintain City facilities to support the current and future needs of our City and community.
FISCAL IMPACT
The proposed project is budgeted in the 2024-202 5 fiscal year Capital Improvement Program under CIP 96054 funded by Fund 601 - Street Bond.
CIP 96054 – 2024-25 Concrete Improvement Project
Concrete Improvements
(Kalban, Inc) $651,197.00
Contingency (not to exceed) $130,240.00
Construction management/Construction Inspection $32,560.00 Total Estimated Project Cost $813,997.00
Respectfully submitted and prepared by: Reviewed by:
Shawn Igoe
Director of Public Works
Martha Garcia
Director of Finance
Approved by:
Reviewed by:
Inez Alvarez
City Manager
Justin A. Tamayo
Assistant City Attorney
ATTACHMENTS
1. Notice Inviting Bids
2. Kalban , Inc. Proposal – 2024-25 Concrete Improvement Project
3. Sample Public Works Agreement
Staff Report
November 20, 2024
ATTACHMENT 1
Notice Inviting Bids
HLR MEDIA, LLC - MONTEREY PARK PRESS - LEGAL QUOTES 626-301-1010
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Lines:57
1 x Run= $114.00
2 s Run= $228.00
Total Cost $228.00
City of Monterey Park
Engineering Division
320 West Newmark Avenue
Monterey Park, CA 91754
Tel. No: (626) 307-1320
Fax: (626) 307-2500
NOTICE INVITING BIDS
2024-25 CONCRETE IMPROVEMENT PROJECT
SPEC. NO. 2024-005
Contract Time: 50 Working Days; Liquidated Damages: $1,000 per working day.
DESCRIPTION OF WORK
The project consists of the removal and replacement of concrete sidewalk, curb and gutter, and curb ramps at various locations citywide and all related work on file with the City’s Public Works Department. Prevailing wages required. A 10% Bidder’s Bond is required with bid. Successful contractor will be required to provide:
(1) Liability insurance with City of Monterey Park as addition in - sured endorsement; (2) Proof of workers' compensation insurance coverage; (3) 100% Faithful Performance Bond, (4) 100% Labor and Material Bond, and (5) DIR Registration.
Plans are available to download for a fee from QuestCDN; link on the City’s website www.montereypark.ca.gov/444/Bids-Proposals.
Bid Package Cost: $22.00.
Bid Due Date and Time: Bids will be received via the online elec - tronic bid service, Quest Construction Data Network (QuestCDN), www.questcdn.com, until 10:00 AM, Tuesday, October 22, 2024.
Questions? Please call: Anthony Bendezu, Civil Engineering Associate at (626) 307-1320.
Published September 30, October 7, 2024
MONTEREY PARK PRESS
City of Monterey Park Specification No. 2024-005
COVER
CITY OF MONTEREY PARK
BIDDING DOCUMENTS
For
2024-25 CONCRETE IMPROVEMENT PROJECT
Specification No. 2024-005
Bid Due Date:
10:00 AM
October 22nd, 2024
Submit bids to:
Quest Construction Data Network (QuestCDN)
www.questcdn.com
City of Monterey Park Specification No. 2024-005
APPROVAL PAGE
2024-25 CONCRETE IMPROVEMENT PROJECT
Specification No. 2024-005
Approved by: ____________________________
R e y A l f o n s o , P E
Assistant City Engineer
City of Monterey Park
Approved by: ____________________________
Okan Demirci, PE
Acting City Engineer
City of Monterey Park
City of Monterey Park Specification No. 2024-005
SECTION A. NOTICE INVITING FORMAL SEALED BIDS Page A. 1
TABLE OF CONTENTS
SECTION TITLE SECTION
NOTICE INVITING SEALED BIDS A
INSTRUCTIONS TO BIDDERS B
BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid)
C
STANDARD SPECIFICATIONS D
TECHNICAL SPECIFICATIONS E
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS
CONTRACT
A1
APPENDIX 2. CONTRACT FOR SECURITY DEPOSITS IN LIEU OF
RETENTION
A2
APPENDIX 3. CONTACT INFORMATION A3
APPENDIX 4. CURB & GUTTER LOCATION INDEX A4
APPENDIX 5. SIDEWALK LOCATION INDEX A5
APPENDIX 6. CURB RAMPS LOCATION INDEX A6
City of Monterey Park Specification No. 2024-005
SECTION A. NOTICE INVITING FORMAL SEALED BIDS Page A. 2 SECTION A. NOTICE INVITING SEALED BIDS
The City of Monterey Park is receiving and accepting sealed bids only via the online electronic bid service, Quest Construction Data Network (QuestCDN), www.questcdn.com, until 10:00 AM, October 22
nd, 2024, for the 2024-25 Concrete
Improvements Project Specification No. 2024-005. Late bids will not be accepted.
As described in the Bidding Do cuments, the bids are for a public works project which consists of the removal and replacement of concrete sidewalk, curb and gutter, and curb ramps at various locations Citywide and related work as shown on the plans on file with the City’s Public Works Department. Bids will be publicly opened in approximately 15 minutes after the bid due date and time.
Copies of the Plans, Specifications and contract documents can be obtained as follows:
1. Prospective Bidders must purchas e contract documents through Quest Construction Data Network (QuestCDN). This can be done via a link on the Public Works’ Bids & Proposal’s page at http://www.montereypark.ca.gov/444/Bids- Proposals and/or on the QUESTCDN website (www.questcdn.com). QuestCDN is a web-based platform for construction pr oject advertisements, bid documents distribution and plan holder lists. Prospec tive bidders will need the seven-digit QuestCDN project number (Quest Project #9332575) to locate the job on the QuestCDN website search page. Ther e is a $42 nonrefundable cost for downloading the contract documents in PDF format, however documents may be viewed for free. Bids will not be accepted from any prospective bidder who has not purchased contract documents through QuestCDN.
Please contact QuestCDN Customer Support at 952-233-1632 or [email protected] for assistance in Regular membership registration, downloading and working with this digital information.
The terms and conditions for bidding on the Project are described in the attached Bidding Instructions.
SB 854 Requirements:
This project is subject to the requirement s of SB 854. No pr ime contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered and qua lified with the Departm ent of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Depart ment of Industrial Relations . The bid proposal must include a print out from the DIR registration website showi ng that the prim e contractor and each subcontractor is currently register ed and qualified. No bi d proposals will be
City of Monterey Park Specification No. 2024-005
SECTION A. NOTICE INVITING FORMAL SEALED BIDS Page A. 3 accepted nor any contract entered into with a prime contractor without proof of registration as required above. [Unless withi n the limited exceptions from this requirement for bid proposals only under Labor Code Section 1771.1(a)]
Prevailing Wages Required:
Prevailing wages shall be paid to all worker s in accordance with California Labor Code 1771. A copy of the prevailing wages schedule is on file with the City.
DBE:
There is no mandatory DBE Participation requirement. All bidders are required to comply with all applicable competitive bidding and labor compliance laws including, but not limited to, active solicitation of subcontract bids from minority-owned businesses, women-owned businesses, and businesses owned by disabled veterans. The City hereby notifies all qualified bidders that it will affirmatively insure that qualified minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, religion, or handicap in consideration for an award. Attention is directed to the provisions of Section 1777.5 (Chapter 1411, Statutes of 1968) and 1777.5 of t he Labor Code concerning the employment of apprentices by the Contractor’s or any such subcontractors under hire.
The bidders and the selected Cont ractor shall not allow discr imination in employment practices on the basis of race, color, national origin, ancestry, sex, religion, or handicap.
Note that the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. Pursuant to California law, the City must find bids failing to comply with all applicable Labor Code requirements including, without limitation, Labor Code §§ 1725.5 and 1771.4, to be nonresponsive.
This project requires payment of State prevailing rates of wages for Los Angeles County.
The contractor shall post copies of the prev ailing schedule at each job site. Copies of these rates of wages are available from the State of California Depar tment of Industrial Relations Prevailing Wage Unit, Telephone No . (415) 703-4774. The website for this agency is currently located at www.dir.ca.gov.
The contractor to whom the contract is awarded must assist in locating, qualifying, hiring and increasing the skills of minority group employees and applicants for employment, as set forth in Executive Order 11246 and 11375.
A Bid Bond equal to minimum Ten Percent (10%) of the Bid Amount is required.
Engineer’s Estimate is in the range of $800,000
Construction Days is 50 working days.
Liquidated Damages is $1,000 per calendar day.
Required State of California Contractors License Classification is Class A.
City of Monterey Park Specification No. 2024-005
SECTION A. NOTICE INVITING FORMAL SEALED BIDS Page A. 4 Five percent (5%) will be deducted from each progress payment and retained by the City.
The remainder less the amount of all previ ous payments will be paid to the Contractor.
Pursuant to Public Contracts Code (“PCC”) § 22300, the Contractor may substitute securities for retention monies held by the City or request that the City place such monies into an escrow account. The Contractor is notified, pursuant to PCC § 22300, any such election will be at the Contractor own expense and will include costs incurred by the City to accommodate the Contractor’s request.
For questions, contact via e-mail only:
ANTHONY BENDEZU – [email protected]
DATED this September 24th, 2024.
--END OF SECTION--
City of Monterey Park Specification No. 2024-005
SECTION B. BIDDING INSTRUCTIONS Page B. 1
SECTION B. BIDDING INSTRUCTIONS
1. DEFINITIONS. Unless provided otherwise, t he definitions in the Greenbook, Special Conditions, or other Contract Documents are applicabl e to all Bidding Documents.
1.1. “Addenda” means written or graphic instruments issued by the City before the Bid Deadline that m odify or interpret t he Bidding Documents by additions, deletions, clarifications, or corrections.
1.2. “Alternate” means a proposed change in the Work , as described in the Bidding Documents which, if accepted, may result in a change to either the Contract Sum or the Contract Time, or both.
1.3. “Bid Deadline” means the date and time designated in the Notice for Bids as the last date and time for receipt of Bids, as may be revised by Addenda.
1.4. “Bidder” means a person or firm that submits a Bid.
1.5. “Bidding Documents” means the construction documents prepared and issued for bidding purposes including all Addenda.
1.6. “Lump Sum Base Bid” means the su m stated in the Bid for which Bidder offers to perform the Work described in the Bidding Documents, but not including unit price items or Alternates.
1.7. “Unit Price” means an amount stated in the Bid for which Bidder offers to perform the Unit Price Work for a fixed price per unit of measurement.
2. BIDDER’S REPRESENTATIONS. By making its Bid, Bidder represents that:
2.1. Bidder read, understo od, and made the Bid pursuant to the requirements in the Bidding Documents.
2.2. Bidder visited the Project site and is familiar with the conditions under which the Work will be performed and the lo cal conditions as related to the Contract Documents.
2.3. The Bid is based upon the materials, equipment, and syst ems required by the Bidding Documents.
2.4. Bidder and all Subcon tractors, regardless of ti er, have the appropriate current licenses issued by the State of California Contractor’s State License Board for the Work to be performed. If Bidder is a joint venture, the Bidder
City of Monterey Park Specification No. 2024-005
SECTION B. BIDDING INSTRUCTIONS Page B. 2
will have a joint venture license appropriate for the performance of the work, and each member of the joint ventur e will likewise have the appropriate license. Business and Professions Code §§ 7000-7191 establish licensing requirements for contractor s. If a Bidder, that is a specialty contractor, submits a Bid involving 3 or more s pecialized building trades, the work of which is more than incidental and s upplemental to the performance of the Work for which Bidder holds a specialty contractor license, Bidder shall also hold either (1) a specialty contractor “C” license in each such trade, (2) a General Engineering contractor “A” license, or (3) a General Building contractor “B” license. This requirement is applicable whether or not Bidder lists a Subcontractor for each such trade.
2.5. If licensure or proper licensure is controverted, then proof of licensure pursuant to this section shall be made by production of a verified certificate of licensure from the Cont ractors' State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during the performance of any act or contract covered by the action. Nothing in this subdivision requires any person or entity controvert ing licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the licensee.
2.6. Bidder has the exper tise and financial capacity to perform and complete all obligations under the Bidding Documents.
2.7. The person executing the Bid Form is duly authorized and empowered to execute the Bid Form on Bidder’s behalf.
2.8. Bidder is aware of and, if awarded the Contract, will comply with Applicable Code Requirements in its performance of the Work.
2.9. The Bidder has paid the City’s business license fee(s).
3. BIDDING DOCUMENTS.
3.1. Bidders may obtain complete sets of the Bidding Documents from the City’s Public Works Department for the sum stated in the Notice for Bids.
3.2. Bidders will use a complete set of Bidding Documents in preparing Bids.
3.3. The City makes copies of the Bidding Documents available, on the above terms, for the sole purpose of obtaining Bids for the Work and does not confer a license or gr ant permission for any other use of the Bidding Documents.
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SECTION B. BIDDING INSTRUCTIONS Page B. 3
4. INTERPRETATION OR CORRE CTION OF BIDDING DOCUMENTS.
4.1. Before submitting its Bid, Bidder will carefully study and compare the various documents comprising the Bidding Documents and compare them with any other work being bid concurrent ly or presently under construction which relates to the Work for which the Bid is submitted; will examine the Project site, the conditions under which the Work is to be performed, and the local conditions; and will at once report to the City’s Representative errors, inconsistencies, or ambiguities discovered.
4.2. Requests for clarification or inte rpretation of the Bidding Documents will be addressed to the City’s Representative.
4.3. Clarifications, interpretations, corrections, and changes to the Bidding Documents will be made by Addenda. Clarifications, interpretations, corrections, and changes to the Bidd ing Documents made in any other manner will not be binding and Bidders will not rely upon them.
5. PRODUCT SUBSTITUTIONS. No substitutions will be considered before award of Contract. Substitutions will only be considered after award of the Contract and as provided for in the Contract Documents.
6. SUBCONTRACTORS.
6.1. Each Bidder will list in the Bid Form all first-tier Subcontractors that will perform work, labor or render such services. The Bid Form contains spaces for the following information when listing Subcontractors: (1) Work Activity; (2) name of Subcontractor; (3) city of Subcontractor’s business location.
Failure to list any of these items on the Bid Form will result in the City treating the Bid as if no Subcontract or was listed for the Work and that Bidder represents to the City that it is fully qualif ied to perform that portion of the Work and will perform to do so.
6.2. Subcontractors listed in the Bid Form will only be substituted after the Bid Deadline with the City’s written consent in accordance with California law.
7. ADDENDA.
7.1. All addenda shall be writt en and issued by the City through www.QuestCDN.com. An email notification will be distributed by QuestCDN
City of Monterey Park Specification No. 2024-005
SECTION B. BIDDING INSTRUCTIONS Page B. 4
to all Plan holders regarding posting of Addenda, but it shall be the bidder’s responsibility to make inquiry as to Addenda issued. Failure of the bidder to receive any such Addenda shall not relie ve the bidder from any obligation under his bid as submitted.
7.2. Copies of Addenda will be made available for inspection at the City’s Public Works Department.
7.3. The City will issue A ddenda so that they are received by prospective Bidders not later than th ree (3) business days before the Bid Deadline.
Addenda that withdraw the request fo r Bids or postpone the Bid Deadline may be issued any time before the Bid Deadline.
7.4. Each Bidder is responsible for ens uring that it has received all issued Addenda before issuing a Bid.
8. PRE-BID CONFERENCE. When required, Bidder will attend a Pre-Bid Conference where the City will discuss the Bidding Documents, answer questions, accept comments, and conduct a Project site visit. The City re quires all Pre-Bid Conference attendees to arrive for the meeting on time and to sign an attendance list which is used to determine if Bidders meet this requirement. Any Bidder not attending the Pre-Bid Conference in its entirety will be deemed to have not complied with the requirem ents of the Bidding Docu ments and its Bid will be rejected.
9. FORM AND STYLE OF BIDS.
9.1. Bids will be submitted on the Bid Form included with the Bidding Documents. Bids not submitted on the City’s Bid Form will be rejected.
9.2. All blanks on the Bid Form will be filled in legibly in ink or by typewriter.
9.3. Bidder’s failure to submit a price fo r any Alternate or unit price will result in the Bid being considered as nonresponsive. If Alternates are called for and no change in the Lump Sum Base Bid is required, enter “No Change.”
9.4. Each Bidder shall fill out the “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 shall explain the circumstances of each disqualification. The City may reject the bid based on such information.
9.5. Bidder will make no sti pulations on the Bid Form nor qualify the Bid in any manner.
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SECTION B. BIDDING INSTRUCTIONS Page B. 5
9.6. The Bids will be based upon full completi on of all the Work as shown on the plans and specifications. It is expressly understood that the plans are drawn with as much accuracy as is possible in advance, but should errors, omissions or discrepancies exist in t he plans which show conditions that vary from those encountered in constr uction, the Bidder (if awarded the Contract) specifically agrees to construct a completed work ready for the use and in the manner which is intended. In the event of increasing or decreasing of work, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit or lump sum price established for such work under the contract, wherever such unit or lump sum price has been established. In the event no prices are named in the contract to cover such changes or alterations, the cost of such changes shall be covered as extra work.
9.7. The Bid Form will be signed by a pers on or persons legally authorized to bind Bidder to a contract. Bidder’s R epresentative will sign and date the Declaration included in the Bid Fo rm. Failure to sign and date the declaration will cause the Bid to be rejected.
10. BID SECURITY.
10.1. Each Bid will be accompanied by Bid Se curity, in the amount of 10% of the Lump Sum Base Bid as security for Bidder’s obligation to enter into a Contract with the City on the terms stated in the Bid Form and to furnish all items required by the Bidding Documents. Bid Security will be a Bid Bond on the form provided by the City or a certified check made payable to “City of Monterey Park.” When a Bond is used for Bid Security, failure to use the City’s Bid Bond form will result in the rejection of the Bid.
10.2. If the apparent lowest responsible Bidder fails to sign the Agreement and furnish all items required by the Bidding Document s within the time limits specified in these Instructions to Bidders, the City will disqualify such Bidder and select the next apparent lowest responsible Bidder until all bids have been exhausted or the City may reject all bids. In such an event, the disqualified Bidder will be liable for and forfeit to the City the amount of the difference, not to exceed the amount of the Bid Security, between the amount of the disqualifi ed Bid and the larger am ount for which the City procures the Work.
10.3. If a Bid Bond is submitted and an a ttorney-in-fact executes the Bid Bond on behalf of the surety, a notarized and curr ent copy of the power of attorney will be affixed to the Bid Bond. The surety issuing the Bid Bond will be listed in the latest published St ate of California, Departm ent of Insurance list of, “Insurers Admitted to Transact Surety Insurance in This State.”
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SECTION B. BIDDING INSTRUCTIONS Page B. 6
10.4. The City will retain Bid Security until the occurrence of one of the following:
10.4.1. All items requi red by the Bidding Documents have been furnished and the Agreement has been signed by the successful Bidder and the City.
10.4.2. The specified time has elapsed during which Bids may be withdrawn.
10.4.3. All Bids ha ve been rejected.
10.5. The Bid Form, Bid Security, and all other documents required to be submitted with the Bid will be subm itted electronically via the online electronic bid service, Quest Cons truction Data Network (QuestCDN), www.questcdn.com.
10.6. If the Bidder provides a copy of a Bid Security or a copy of a certified cashier’s check electronically via t he online electronic bid service, the original must be provided to the City by the end of the fifth business day after the bid opening. Not submitting the original Bid Security, the Bid will be considered as non-responsive bid.
10.7. Bidder will assume fu ll responsibility for timely delivery at the location designated for receipt of Bids.
10.8. Oral, telephonic, facsimile, or tel egraphic Bids are invalid and will not be accepted.
11. MODIFICATION OR WI THDRAWAL OF BID.
11.1. Before the Bid Dead line, a submitted Bid may be modified or withdrawn.
Notice of such action will be given to the City in writi ng and signed by the Bidder’s authorized representative. A change so made will be so worded as not to reveal the amount of the original Bid.
11.2. A withdrawn Bid may be resubmitted up to the Bid Deadline, provided that it then fully complies with the Bidding Requirements.
11.3. Bid Security will be in an amount su fficient for the Bid as modified or resubmitted.
11.4. Bids may not be modified, withdrawn , or canceled within sixty (60) days after the Bid Deadline unless other wise provided in Supplementary Instructions to Bidders.
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SECTION B. BIDDING INSTRUCTIONS Page B. 7
12. OPENING OF BIDS. Bids submitted in the manner required by these instructions and are received on or before the Bid Deadline will be opened publicly.
13. REJECTION OF BIDS.
13.1. The City will have the right to reject all Bids.
13.2. The City will have the right to re ject any Bid not accompanied by the required Bid Security or any other item required by the Bidding Documents, or a Bid which is in any other way materially incomplete or irregular.
14. AWARD.
14.1. The City may retain all bids for a period of sixty (60) days for examination and comparison, and to delete any portion of the work from the contract.
14.2. The City will have the ri ght to waive nonmaterial irr egularities in a Bid and to accept the lowest responsive Bid as determined by The City.
14.3. The City will have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents.
14.4. The City will determine the low Bidder on the basis of the sum of the Lump Sum Base Bid plus all unit prices mult iplied by their respective estimated quantities as stated in the Bid Form, if any, plus the Contractor Delay Damages multiplied by the “multiplier” as stated in the Bid Form, plus the amounts of all accepted Alternates.
14.4.1. Inclusion of Contractor De lay Damages within the Bid Form is solely for the purpose of determining the low bidder and establishing the City’s maximum daily liability as a result of City delays to Contractor, if any, and City has no obligation to pay any daily Contractor Delay Damages except as provided for in these Contract Documents for Compensable Delays. In the event that City becomes liable to Contractor for compensab le delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Proposal Form or Contractor’s actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents.
14.5. The City will select the apparent lowest responsiv e and responsible Bidder and notify such Bidder within thirty ( 30) days (unless number of days is modified in Supplementary Instructions to Bidders) after the Bid Deadline or reject all bids. Within ten (10) days after receiving the City’s notice that Bidder was selected as the apparent lowest responsible Bidder, Bidder will submit to the City all of the following items:
City of Monterey Park Specification No. 2024-005
SECTION B. BIDDING INSTRUCTIONS Page B. 8
14.5.1. Three originals of the Agreement signed by Bidder.
14.5.2. Three originals of the Payment Bond.
14.5.3. Three originals of the Performance Bond.
14.5.4. Certificates of Insuranc e on form provided by the City.
14.5.5. Names of all Subcontractors, with their addresses, telephone number, facsimile number , trade on Bidders’ co mpany stationery.
Evidence, as required by the City, of the reliability and responsibility of the proposed Subcontra ctors such as statem ents of experience, statements of financial condition, and references.
14.5.6. Preliminary C ontract Schedule.
14.5.7. Selection of Retention Options and Escrow Agreement for Deposit of Securities in Lieu of Re tention and Deposit of Retention.
If not submitted, the City will withhold retention.
14.5.8. Cost Breakdown.
14.6. Before award of the Contract, the Cit y will notify Bidder in writing, if the City objects to a Subcontractor proposed by Bidder, in which case Bidder will propose a substitute acceptable to the City. Failure of the City to object to a proposed Subcontractor before awar d will not preclude the City from requiring replacement of any Subcontractor based upon information received subsequent to award, information which cannot be properly evaluated before award due to time constraints, or information relating to a failure to comply with the requirements of the Contract.
14.7. If Bidder submits the three original signed Agr eements and all other items within ten (10) days after receiving the City’s notification, and all such items comply with the requirements of the Bidding Documents, the City will award the Contract to Bidder by signing the Agreement and returning a signed copy of the Agreement to Bidder.
14.8. If the City consents to the withdrawal of the Bi d of the apparent lowest responsible Bidder, or t he apparent lowest responsible Bidder fails or refuses to sign the Agreement or submit to the City all of the items required by the Bidding Documents, within ten (10) days after receiving the City’s notification, or the City determines t hat the Bidder is not financially or otherwise qualified to perform the Cont ract, the City may reject such Bidder’s Bid and select the next apparent lowest re sponsible Bidder, until all bids are exhausted, or reject all Bids.
--END OF SECTION--
City of Monterey Park Specification No. 2024-005
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 1 SECTION C. BIDDERS PROPOSAL
(Entire section C shall be submitted with the bid)
BIDDER’S NAME:__________________________________________________
In accordance with the City’s Notice Invi ting Sealed Bids, the undersigned BIDDER, hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefore, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other contract documents. If this proposal is accepted for award, BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of Monterey Park of the guarantee accompanying this proposal.
BIDDER understands that a bid is required for the entire wo rk. The contract will be awarded on the prices shown on the bid schedule. It is agreed that the unit and/or lump sum prices bid include all a ppurtenant expenses, taxes, royalties and fees. In the case of discrepancies in the amounts of 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 requir ed contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City’s notice of award of contract to the BIDDER, the proceeds of the guarantee accompanying this bid shall become the property of the City and this bid and the acceptance hereof may, at the City’s option, be considered null and void.
BID SCHEDULE
To the Monterey Park’s City Council, herein called the “Council”.
Pursuant to and in compliance with your Notice Inviting Bids and the other documents relating thereto, the undersigned bidder, having familiarized himself with the work, and with the terms of the contract, the local conditions affecting the performance of the contract, and the cost of the work at the place where the work is done, and with the drawings and specifications and other contract documents, hereby proposes and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all applicable taxe s, utility and transportation services necessary to perform the contract and complete in a workmanlike manner, all in strict conformity with the Contract Documents on file at the office of the City Clerk of said City, per the following bid schedule:
City of Monterey Park Specification No. 2024-005
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 2
BID SCHEDULE
For 2024-25 Concrete Improvement Project Specification No. 2024-005 No. Bid Item Description Quantity Unit Unit Bid Total Bid 1 Remove existing and construct new PCC curb and
gutter per SPPWC, Std. Plan No: 120-3, A2-8,
complete and in place.
100 LF $ $
2 Remove existing and construct new PCC Sidewalk,
4” thick per SPPWC, Std. Plan No. 112-2. 12,669 SF $ $
3 Construct PCC ADA ramps per SPPWC Standard
Plan No. 111-5 70 EA $ $
4 Mobilization 1 LS $ $
TOTAL BASE BID AMOUNT IN NUMBERS $
TOTAL BASE BID AMOUNT IN WORDS:
City of Monterey Park Specification No. 2024-005
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 3 The award of Contract shall be based on the TOTAL BASE BID AMOUNT.
In the case of discrepancies in the amount of bid, unit prices shall govern over extended amounts, and words shall govern over figures.
Full compensation for the items listed to
the right as Items A, B, C, D and E are
considered as inclusive in each Bid Item
listed above in the Bid Schedule as
applicable, and no additional and/or
separate compensation will be allowed.
A. Mobilization / Demobilization
B. Traffic Control
C. NPDES, WWECP, and Best
Management Practices (BMPs), Public
Convenience and Safet
y
D. Construction Staking by Land Surveyor
E. Clearing and Grubbing
The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards.
The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices.
All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices.
A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.
City of Monterey Park Specification No. 2024-005
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 4
DESIGNATION OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work which are in excess of one- half of one percent of the bid and to procure materials and equipment from suppliers and vendors as follows:
Subcontractor Information Work to be Performed Dollar Amount Name:
$_________ Address:
Tel:
Name:
$_________ Address:
Tel:
Name:
$_________ Address:
Tel:
Name:
$_________ Address:
Tel:
Name:
$_________ Address:
Tel:
Name:
$_________ Address:
Tel:
Name:
$_________ Address:
Tel:
Total Subcontract Amount (shall not exceed 49% of Total Bid Amount
) $_________
City of Monterey Park Specification No. 2024-005
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 5
REFERENCES
References shall be for projects constructed by the bidding company; references for other projects performed by principals or other individuals of the bidding company may not be included. References shall be either minimum from 3 Public Agencies; or minimum from 2 Public Agencies plus 2 Private Entities fo r which BIDDER has performed similar work within the past three years.
Reference 1
Agency Name
_________________________
Project Name and Brief Description
Contact Name and Title
_________________________
Tel:______________________
E-mail:___________________ Contract Value: $______ Year Completed:______
Reference 2
Agency Name
_________________________
Project Name and Brief Description
Contact Name and Title
_________________________
Tel:______________________
E-mail:___________________ Contract Value: $______ Year Completed:______
Reference 3
Agency Name
_________________________
Project Name and Brief Description
Contact Name and Title
_________________________
Tel:______________________
E-mail:___________________ Contract Value: $______ Year Completed:______
City of Monterey Park Specification No. 2024-005
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 6 Reference 4
Agency Name
_________________________
Project Name and Brief Description
Contact Name and Title
_________________________
Tel:______________________
E-mail:___________________ Contract Value: $______ Year Completed:______
SITE INSPECTION
The Bidder declares that he/she has carefully read and examined the plans, specifications, bid documents, and he/she has made a personal examination of the site (indicate name of the person, representing the bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project without question.
Name of Person who inspected the site: _____________________ Date of Inspection: _____________________
ADDENDA ACKNOWLEDGMENT
The Bidder acknowledges receipt of t he following Addenda and has included their provisions in this Proposal:
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
City of Monterey Park Specification No. 2024-005
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 7
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
BIDDER certifies that all previous contracts or subcontracts, all reports which may have been due under the requirements of any Agency, Site, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.
AFFIRMATIVE ACTION CERTIFICATION
BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of work to be subcontracted, and that such affirmative actions have been fully document ed, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certif ies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.
City of Monterey Park Specification No. 2024-005
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 8
INSURANCE REQUIREMENTS
To be awarded this contract, the successful bidder shall procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial general liability: $2,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement.
Commercial general liability insurance shall meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above shall be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies shall be endorsed to name the City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by the City will be excess theret o. Such endorsement shall be reflected on ISO Form No. CG 20 10 11 85 or 88, or equi valent. Such insurance shall be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
Automobile coverage shall be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
The Contractor shall furnish to the City dul y authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance shall be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.” Certificate(s) shall reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Contractor shall require its insurer to modify such certificates to delete any excu lpatory wording stati ng that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delet e the word “endeavor” with regard to any notice provisions.
By signing this form, the bidder certifies th at it has read, underst ands, and will comply with these insurance requirements if it is se lected as the City’s Contractor. Failure to provide this insurance will render the bidder’s proposal “nonresponsive.” Bidder’s Name: _______________________
Authorized Sign ature: _______________________
Name and Title: _______________________
Date: _______________________
City of Monterey Park Specification No. 2024-005
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 9 PUBLIC CONTRACT CODE SECTION 7106
Noncollusion Declaration by Bidder
The undersigned declares:
I am the _______________ ____________ of
_____________________________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, di rectly 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, prof it, or cost element of the bi d price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behal f of a bidder that is a corporation, partnership, joint venture, limited liability company, limited lia bility partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the la ws of the State of California that the foregoing is true and correct.
Bidder’s Name:
Authorized Signature:
Name and Title:
Date:
City of Monterey Park Specification No. 2024-005
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 10 PUBLIC CONTRACT CODE SECTION 10162
In conformance with the above Public Contract Code Section, the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder any officer of such bidder, or any employ ee of such bidder who has a pr oprietary interest in such bidder
has never been___ has been___ (indicate YES or NO after applicable answer) disqualified, removed, or ot herwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation, and if so to explain the circumstances.
If the answer is has been YES explain the circumstances below:
Bidder’s Name:
Authorized Signature:
Name and Title:
Date:
City of Monterey Park Specification No. 2024-005
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 11 PUBLIC CONTRACT CODE SECTION 10232
In conformance with above Public Contract Code Section, the bidder hereby declares under penalty of perjury under the la ws of the State of Californ ia that no more than one final, unappealable finding of contempt of court by a federal court has not been____ has been____ (indicate YES or NO after applicable answer) issued against the bidder withi n the immediately preceding two-year period because of the contractor's failure to comply with an order of a federal court which orders the contractor to comply with an order of the National Labor Relations Board. For purposes of this section, a finding of contempt does not include any finding which has been vacated, dismissed, or otherwise removed by the court because the contractor has complied with the order which was the basis for the finding.
Bidder’s Name:
Authorized Signature:
Name and Title:
Date:
City of Monterey Park Specification No. 2024-005
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 12 PUBLIC CONTRACT CODE SECTION 10285.1
In conformance with above Public Contract Code Section, the bidder hereby declares under penalty of perjury under t he laws of the State of Calif ornia that the bidder or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof
has never been___ has been___ (indicate YES or NO after applicable answer) convicted within the preceding th ree years by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Secti on 1101, with any public entity, as defined in Public Contract Code Section 1100, including, for the purposes of this article, the Regents of t he University of California or the Trustees of the California State University.
Bidder’s Name:
Authorized Signature:
Name and Title:
Date:
City of Monterey Park Specification No. 2024-005
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 13
BIDDER INFORMATION
Bidder’s Name:________________________________________________________ Address: _____________________________________________________________ Form of Legal Entity: ___________________________ ____________________ If a Corporation, State of Incorporation: _______________________________ State Contractor’s Class and License No.: __________________ _____________ Contact Person Information:
Name:________________________________ Title:
______________________________
E-mail: _______________________________ Tel:
_______________________________
The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal:
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ The date(s) of any voluntary or involunt ary bankruptcy judgements against any principal having an interest in this proposal are as follows:
________________________________________________________________ ________________________________________________________________ All current and prior DBA’S, al ias, and/or fictitious busi ness names for any principal having an interest in this proposal are as follows:
________________________________________________________________ ________________________________________________________________ Previous contract performance history:
Was any contract terminated previously:_______
If the answer to the above is “yes”, provide the following information:
City of Monterey Park Specification No. 2024-005
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 14 Contract/project name and number: __________________________________ Date of termination:_______________________________________________ Reason for termination:____________________________________________ Owner’s name:___________________________________________________ Owner contact person and tel. no.: ___________________________________
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all aforementioned principals this ____ day of ___________, 20__.
BIDDER _______________ ___________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________
Subscribed and sworn to this _____ day of _______________, 20__.
NOTARY PUBLIC ______________________________________________________
City of Monterey Park Specification No. 2024-005
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 15
PROPOSAL GUARANTEE
BID BOND
Bond No.:_____________
KNOW ALL MEN BY THESE PRESENTS that _______________________________, as BIDDER, AND _____________________________, as SURETY, are held and firmly bound unto the City of Monterey Park, in the penal sum of _______________________ ($ )dollars, lawful money of the United States, which is 10 percent of the total amount bid by BIDDER to the Cit y of Monterey Park for the 2024-25 Concrete Improvements Specification No. 2024-005 (“Public Project”), for the payment of which sum, BIDDER and SURETY ag ree to be bound, jointly and severally, firm by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of Monterey Park for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specif ied, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of Monterey Park.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this ____ day of _______________, 20__.
SIGNED AND SEALED this day of , 20__.
P R I N C I P A L S U R E T Y
PRINCIPAL’s MAILING ADDRESS: SURETY’s MAILING ADDRESS:
NOTE: All signatures shall be a cknowledged by a notary public.
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SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 16
PROPOSAL GUARANTEE
CERTIFIED CHECK or CASHIER’S CHECK
As an Alternative to Bid Bond, Bidder can provide Certified Check or Cashier’s Check as follows
Accompanying this proposal is a certified check or a cashier's check payable to the order of the City of M onterey Park, in the amount of
________________________________________________($ ) dollars, lawful money of the United States, which is 10 percent of the total amount bid by BIDDER to the City of Monterey Park for the 2024-25 Concrete Improvements Specification No. 2024- 005 (“Public Project”).
The proceeds of the same shall become the property of said City if, in case this proposal shall be accepted by said City through the City Council, the undersigned shall fail to execute a contract, with and furnish the insurance and bonds required by the City of Monterey Park within the specified time; ot herwise, the same is to be returned to the undersigned as set forth in the Instructions to Bidders.
Bidder’s Name:
Authorized Signature:
Name and Title:
Date:
--END OF SECTION--
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SECTION D. STANDARD SPECIFICATIONS Page D.1
SECTION D. STANDARD SPECIFICATIONS
CITY OF MONTEREY PARK
PUBLIC WORKS DEPARTMENT
STANDARD SPECIFICATIONS
Except as modified by these Standard Specifications, the provisions of the latest edition of the “Standard Specifications for Public Works Construction” (“Greenbook”) and its supplements prepared and promulgated by t he Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, constitute the Standard Specif ications for this project. THESE STANDARD
SPECIFICATIONS ARE INTENDED TO, AND DO, TAKE PRECEDENCE OVER ANY CONFLICTING PROVISION OF THE GREENBOOK.
1. NUMBERING OF SECTIONS
The numbering of these Standard Specifications is NOT intended to conform with the Greenbook. Rather, the numbering is specific for these Standard Specifications. As noted at the outset, however, the provisions contained within these Standard Specifications supersede any conflicting clauses within the Greenbook and govern the contractual relationship between the Parties.
2. MODIFICATIONS
To the extent that the provisions of the Contract Documents conflict with the Green Book, the Contract Documents take precedence.
3. DEFINITIONS
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in these Standard Specifications.
Acceptance – The date on which the City Council accepts the Work as complete.
Architect, Design Engineers, Soils Engineer, Structural Engineers – Advisors employed by the City.
Bidder – Any individual, firm, partnership, corporation, or combination thereof, submitting a proposal for the work contemplated, ac ting directly or through a duly authorized representative.
Compensable Delay – a delay entitling the C ontractor to an adjustment of the Contract Sum and an adjustment of the Contract Time in accordance with this Agreement.
Due Notice – A written notification, given in due time, of a proposed action where such notification is required by the contract to be given a specified interval of time (usually 48
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hours or two working days) before the comm encement of the cont emplated action.
Notification may be from Public Works Director to Contractor or from Contractor to Public Works Director.
Public Works Director – The City Public Works Director, or designee, as defined in the Greenbook. Unless otherwise provided, all correspondence and decisions made relative to the contract will be by the City Public Works Director or designee.
PCC – California Public Contract Code.
Prompt – The briefest interval of time re quired for a considered reply, including time required for approval of a governing body.
(Check if applicable) Stat e Standard Specifications - State of California Standard Specifications (https://dot.ca.gov/pr ograms/design/ccs-standard-plans-and-standard- specifications).
Working Days – A working day is defined as any day, except Saturdays, Sundays, legal holidays and days when work is suspended by the Public Works Director.
4. ABBREVIATIONS
AAN American Association of Nurserymen
AGC Associated General Contractors of America
AISC American Institut e of Steel Construction
APWA American Public Works Association
ASA American Standard Association
ASME American Society of Mechanical Engineers
IEEE Institute of Electr ic and Electronic Engineers
NEC National Electric Code
Greenbook The most current edition of the St andard Specifications for Public Works Construction, and subsequent supplements prepared by Public Works Standards, Inc.
WATCH Work Area Traffic Control Handbook
SPPWC Standard Plans for Public Works C onstruction by the American Public Works Association
SSPWC Standard Specifications for Public Works Construction by the American Public Works Association
5. ACCESS TO PROJECT SITE
Not later than the date designated in the City Notice to Proceed, the City will provide access to the real property and facilities upon which the Work is to be performed, including access to real property and facilities designated in the Contract Documents for the Contractor’s use.
6. SUBCONTRACTOR LISTING
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Except as provided in PCC §§ 4100, et seq., each bidder will file with its bid the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime co ntractor in or about the cons truction of the work or improvement, or a subcontract or licensed by the State of California who, under subcontract to the prime contra ctor, specifically fabricates and installs a portion of the work or improvement according to detail ed drawings contain ed in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor’s total bid. Only one subcontractor will be listed for each portion of the work, which portion will be defined in the bid. In each instance, the nature and extent of the work to be sublet will be described. The failure of the Contractor to specify a subcontractor, or the listing of more than one subcontractor for the same portion of the work, constitutes an agreement by the Contractor that it is fully qualified to perform that por tion itself and that it will perform that portion itself.
The Contractor must have the City Council ’s written consent to substitute a subcontractor other than that designated in the original bid, to permit any subcontract to be assigned or transferred, or to allow a subcontract to be performed by other than the original subcontractor.
Subcontracting of work for which no subcontr actor was designated in the original bid, and which is more than one-half of one percent of the work, will be allowed only in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City Council setting fo rth the facts constituting the emergency or necessity.
Violation of any of the above provisions will be considered a breach of the Contract, and the City may terminate the Contractor’s control over the Work, cancel the contract, or assess the Contractor a penalty of not more than 10 percent of the subcontract involved.
All persons engaged in the work, including s ubcontractors and their employees will be considered as employees of the Contractor. The Contractor will be solely responsible for and have control over construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work. The City will deal directly with, and make all payments to, the prime Contractor.
When subcontracted work is not being prosecuted in a satisfactory manner, the Contractor will be notified to take corrective action. The Public Works Director may report the facts to the City Council. If the City Council so order s, and on receipt by the Contractor of written instructions from the Public Works Director, the subcontractor will be removed immediately from the Work. That subcontractor will not again be employed on the Work.
If licensure or proper licensure is controverted, then proof of licensure pursuant to this section must be made by production of a ve rified certificate of licensure from the Contractors’ State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during
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SECTION D. STANDARD SPECIFICATIONS Page D.4
the performance of any act or contract covered by the action. Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is contro verted, the burden of proof to establish licensure or proper licensure is on the licensee.
The Contractor will submit experience st atements for each subcontractor who will perform contract work that amounts to more than 10% of the Work.
7. CONTRACT BONDS
The Faithful Performance Bond and the Labor and Materials Bond must be paid and in effect for one year after the acceptance of the job by the City in accordance with the guarantee required by the Greenbook.
The term “surety bond,” “guarantee,” and “bond” also includes such other acceptable security, such as letters of credit or cash deposit agreements issued by responsible financial institutions, which are approved by the City Attorney. Sureties must be admitted to do business in California.
8. CONTRACT DOCUMENTS
The Contractor will maintain the following at the Work site:
One as-built copy of the Plans and S pecifications, in good order and marked to record current changes and selections m ade during construction. As-built plans must be submitted to the City representative for approval before the City pays a final retention amount.
The current accepted Contract Schedule.
Shop Drawings, Product Data, and Samples.
Approved permits from other agencies, including Cal-OSHA permits for trench shoring.
All other required submittals.
The Plans, Specifications, and other Contra ct Documents will govern the Work. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the Plans, or on the Plans and not in the Specifications, will be as though shown or mentioned in both.
Payment for any items on the plans for which there is no specific bid item will be included in the various items of work or in any item to which it is appurtenant.
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If the Contractor performs any work which it knows or should know involves an error, inconsistency, or omission without notifying and obtaining written consent from the Public Works Director, the Contractor will be respons ible for the resulting losses, including, without limitation, the costs of correcting defective work.
9. PRECEDENCE OF CONTRACT DOCUMENTS
As the figured dimensions shown on the plans and in the specifications of the Contract may not in every case agree with scaled di mensions, the figured dimensions will be followed in preference to t he scaled dimensions and plans to a large scale will be followed in preference to the plans to a small scale. Should it appear that the work to be done, or any of the matters relative thereto, are not suffici ently detailed or explained in the Contract, the Contractor will apply to t he Public Works Director for such further explanations as may be necessary and will c onform thereto as part of the Contract so far as may be consistent with the terms t hereof. Any items shown on drawings and not mentioned in the specifications will be of like effect as if shown or mentioned in both.
10. ACCURACY OF PLANS AND SPECIFICATIONS
Although it is believed that much of the information pertaining to conditions and existing utilities that may affect the cost of the Work will be shown on the Plans or indicated in the Specifications, the City does not warrant the completeness or accuracy of such information.
The Contractor will carefully study and com pare each of the Contract Documents with the others and with information fu rnished by the City and will prom ptly report in writing to the Public Works Director any errors, inc onsistencies, or omissi ons in the Contract Documents or inconsistencies with applicable law observed by the Contractor.
The Contractor will take fiel d measurements, verify field conditions, perform soil investigations, and carefully compare wit h the Contract Documents such field measurements, conditions, and other information known to the Contractor before commencing the Work. Errors, inconsistencies, or omissions discovered at any time will be promptly reported in writing to the Public Works Director.
11. RIGHT-OF-WAY
When the Contractor arranges for additional temporary work areas and facilities, the Contractor will provide the City with proof that the additional work areas or facilities were left in a condition satisfactory to the owner(s) of said work areas or facilities before acceptance of the work.
12. SURVEYING
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SECTION D. STANDARD SPECIFICATIONS Page D.6
The Contractor will provide for all construction surveying required to layout, monitor and complete the work. The surveying will be performed by a Land Surveyor or Civil Engineer authorized to practice land surveying by the State of California.
The Contractor will establish all necessary control lines based on the plans and record information on file with the County of Los Angeles Surveyor and the Public Works Director.
It is the Contractor’s responsibility to protect the survey control as shown on the plans. If the survey control is destr oyed or disturbed during constr uction, the Contractor will provide for resetting them and file appropriate documents with the County of Los Angeles at the direction of the Public Works Director.
Computations, survey notes, and other data used to acco mplish the work will be neat, legible and accurate. Copies of all co mputations, survey notes, and other data (electronic format may be required) will be furnished to the Public Works Director before beginning work that requires their use.
13. MEASUREMENT AND PAYMENT
Construction Survey – Unless a separate bid item is provided, payment will be considered included in the other items of the bid and no additional payment will be made therefore.
14. BASIS FOR ESTABLISHING COSTS
Regardless of ownership, the rates to be used in determining the equipment usage costs will not exceed those listed for the same or similar equipment in the California State Department of Transportation publication of Labor Surcharge and Equipment Rates effective for the period of usage.
15. MARK UP
Work by Contractor. The fo llowing percentages will be added to the Contractor’s costs and will constitute the markup for all overhead and profits.
Labor .................................................... 20 Materials .................................................... 15 Equipment Rental .................................................... 15 Other Items and Expenditures .............................................. 15
To the sum of the costs and markups provided for in this subsection, 1 percent will be added as compensation for bonding. No other fo rmula, e.g., the Ei chleay or other method, may be used to calculate daily damages for office overhead, profit, or other purported loss.
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SECTION D. STANDARD SPECIFICATIONS Page D.7
Work by Subcontractors. When all or any part of the extra work is performed by a Subcontractor, the markup established in this Section will be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subc ontracted portion of the extra work may be added by the Contractor.
In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Bid Form or Contractor’s actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents.
16. DAILY REPORTS BY CONTRACTOR
If disagreement continues regarding extra work, the Contractor may seek compensation in accordance with the Claims procedure. Daily Reports required by this subsection must be made part of the Claim as supporting data for the Claim.
17. CHANGED CONDITIONS
If the Contractor encounters concealed or unknown conditions that differ materially from those anticipated or expected (“changed conditions”), the Contractor will immediately notify the Public Works Director in writing of such changed conditions (upon discovery and before disturbing such changed conditions), so that the Public Works Director can determine if such conditions require design details that differ from those design details shown in the Contract Documents. Notwithstanding any other time period, the Contractor is liable to City for any extra costs incurred as a result of the Contractor’s failure to promptly give such notice.
Changed conditions include, without limitation, the following:
Subsurface or latent physical conditi ons differing materially from those represented in the Contract Documents;
Unknown physical conditions of an unusua l nature differing materially from those ordinarily encountered and generally reco gnized as inherent in work of the character being performed; and
Material differing from what is represent ed in the Contract which the Contractor believes may be hazardous waste as defined in California Health & Safety Code § 25117 that is required to be removed to a Class I, II, or III disposal site in accordance with applicable law.
The Public Works Director will promptly investigate conditions that appear to be changed conditions. The Public Works Director’s decision, and any dispute regarding that
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decision, will be made in accordance with t he Greenbook except that the Public Works Director will render a decision promptly.
Any information provided pursuant to INFORMATION AVAILABLE TO BIDDERS is subject to the following provisions:
The information is made available for t he Bidders’ convenience and is not a part of the Contract.
The City has not determined the accuracy or completeness of such information and all such information is made available to Bidders without any representation or warranty by the City whatsoever as to its accuracy, completeness, or relevancy.
Bidders will independ ently evaluate such information for their use and will be solely responsible for use or interpretati on of such information. Any such use or interpretation will not be the basis of any claim against the City.
18. DISPUTED WORK
If the Contractor and the Cit y do not reach agreem ent on disputed work, the City may direct the Contractor to pr oceed with the work. Any payment for the disputed work will be determined pursuant to the claims procedures in thes e Standard Specifications.
Although not to be construed as proceeding under extra work provisions, the Contractor will keep and furnish records of disputed work as required by the Contract Documents.
19. INSPECTION REQUIREMENTS
Unless otherwise specified, inspection at the source of production for such materials and fabricated items as bituminous paving mixtur es, structural concrete, fabricated metal products, cast metal products, welding, re inforced and unreinforced concrete pipe, application of protective coatings, and similar shop and plant operations is not required.
A certificate of compliance, signed by an aut horized officer of the producer, certifying compliance with the contract documents wil l be submitted for all of the following materials: steel pipe, sizes less than 18 inches; vitrified clay pipe; asbestos cement pipe; cast iron pipe; reinforced concrete pipe; non-reinforced concrete pipe; and PVC sewer and water pipe; subject to sampling and testing by City.
Standard items of equipment, such as electric motors, conveyors, plumbing fittings and fixtures, lumber, plywood, and so on, are subject to inspection at the job site.
All other equipment items will be inspected and tested in accordance with the contract documents.
The City does not provide full time inspec tion. The Contractor will provide 24-hour minimum notice for each inspection required by the work unless other arrangements have been agreed upon, in writing, with the Public Works Director. Any inspection
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SECTION D. STANDARD SPECIFICATIONS Page D.9
required outside of normal working hours and da ys, including holida ys, will be at the Contractor’s cost at rates established by the City.
20. INSPECTION OF MATERIALS NOT PRODUCED LOCALLY
Contractor purchased materials, fabricat ed items, and equipment, produced at sources located more than 50 miles outside the corporate limits of the City, and which are specified to be inspected in the Contract Documents, will be inspected by inspectors or testing laboratories arranged for and paid for by City. Report of such inspection must be submitted to the City. If any item inspect ed fails to meet the specified criteria, the Contractor will pay all costs for reinspec tion, and such costs may be deducted from payments due to the Contractor.
21. TRADE NAMES OR EQUALS
Whenever any material, product, equipment, or service is specified by brand, trade, or proprietary name, the item so specified will be deemed to be followed by the words “or equal.”
For the City’s consideration of a proposed “equal” item, the Bidder must submit, a minimum of 10 calendar days before the dat e of the bid opening, documentation of the particulars of the proposed “equal item.” At a minimum, the submitted documentation will include:
Written request with explanation of wh y the product should be considered as an equal product.
Material specifications.
Technical specifications.
Test data.
Samples.
Comparison chart of key specifications of the “equal” item against similar specifications of the specified item.
Work locations and reference telephone num bers of at least three (3) locations where the proposed “equal” item has b een recently installed under similar conditions.
Warranty data.
The Bidder will be notified by the Public Wo rks Director whether or not the proposed “equal” product is acceptable to the City five calendar da ys before the date of the bid opening. Failure to submit all required docum entation and/or submittal of incomplete documents may result in the City’s reje ction of the proposed “equal” product without further consideration.
22. PROTECTION
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If the Contractor, while performing the Work, discovers utility facilities not identified correctly or not shown in the contract plans or specifications by the City, the Contractor will immediately notify the City and utility owner in writing.
23. RESPONSIBILITY OF UTILITY REMOVAL OR RELOCATION
The City is responsible to arrange for the removal, repair, or relocation of existing utilities located within the project limits if such utilities are not correctly identified in the contract plans or specifications by the City. The City has sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation.
24. DELAYS
Actual loss is understood to include no item s of expense other than idle time of equipment and necessary payments for idle time of workers, cost of extra moving of equipment, and cost of longer haul s. Compensation for idle time of equipment and idle time of workers will be determined by these Standard Specifications and no markup will be added in either case for overhead and profit. The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work.
25. CALCULATING IDLE TIME
Equipment and worker idle time is ca lculated in accordanc e with these Standard Specifications and the Greenbook; it is bas ed upon the actual normal working time during which the delay condition exists, but in no case will exceed 8 hours in any one day. The days for which compensation will be paid will be the calendar days, excluding Saturdays, Sundays and legal holidays, during the existence of the delay.
26. CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
A. Pre-Construction Meeting:
After contract award, City will arrange for a pre-construction meeting to discuss the construction of the project. City will invite utility agencies and the contractor will arrange for all of its sub-contractors to attend the meeting.
B. Contract Schedule
After notification of award and before starti ng any work, the Contractor will submit a Contract Schedule to the Public Works Director for review, as required by these Standard Specifications within 15 calendar days of award.
C. Contract Schedule Content
The Contract Schedule, and any updated Contract Schedule, will meet the following requirements:
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Schedules must be suitable for m onitoring progress of the Work. Schedules must provide necessary data about the time for the Public Works Director’s decisions.
Schedules must be sufficiently deta iled to demonstrate adequate planning for the Work.
Schedules must represent a practical plan to complete the Work within the Contract Time.
Schedules must show the critical path method for completing the Work.
The Public Works Director’s review of th e form and general content of the Contract Schedule and any updated Contract Schedules is only for the purpose of determining if the listed requirements are satisfied, nothing more.
D. Effect of Contract Schedule
The Contract Schedule, and any updated Contract Schedules, will represent a practical plan to complete the Work within the Contract Time. Extension of any schedule beyond the Contract Time will not be acceptable. Schedules showing the Work completed in less than the Contract may be acceptable if ju dged by the Public Works Director to be practical. Acceptance of su ch a schedule by the Public Works Director will not change the Contract Time. The Contract Time, not the Contract Schedul e, will control in determining liquidated damages payable by the Contractor and in determining any delay.
If a schedule showing the Work completed in less than the Contract Time is accepted, the Contractor will not be entitled to extensions of the Contract Time for Excusable Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays until such delays extend the completion of the Work beyond the ex piration of the Contract Time.
The Contractor will plan, develop, supervise, control, and coordinate the performance of the Work so that its progress and the sequence and timing of Work activities conform to the current accepted Contract Schedule. The Contractor will continuously obtain from Subcontractors information and data about the planning for and progress of the Work and the delivery of equipment, will coordinate and integrate such information and data into updated Contract Schedules, and will monitor the progress of the Work and the delivery of equipment. The Contractor will act as the expeditor of potential and actual delays, interruptions, hindrances, or disruptions fo r its own forces and those forces of Subcontractors. The Contract or will cooperate with the Public Works Director in developing the Contract Schedule and updated Contract Schedules.
The Public Works Director’s review and co mments about any schedule or scheduling data will not relieve the Contractor from its sole responsibility to plan for, perform, and complete the Work within the Contract Time. Review and comments about any schedule will not transfer responsibility for any schedule to the Publ ic Works Director or City nor
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imply their agreement with (1) any assumption upon which such schedule is based or (2) any matter underlying or contained in such schedule.
The Public Works Director’s failure to discover errors or omissions in schedules that have been reviewed, or to inform the Contractor that the Contractor, Subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Contract Schedule will not relieve the C ontractor from its sole re sponsibility to perform and complete the Work within the Contract Time and will not be a cause for an adjustment of the Contract Time or the Contract Sum.
The Contractor will perform the Work in accordance with the currently accepted Contract Schedule.
E. Commencement of Contract Time
The Contract Time will commence when the City issues a Notice to Proceed. The Work will start on the date specified in the Notice to Proc eed and within a maximum of 15 calendar days after the date of the Notice to Proceed and be diligently prosecuted to completion with the time provided in the Specifications.
27. DEFAULT BY CONTRACTOR
A. General
Should the Contractor fail to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fail to maintain the Work schedule (as determined by the current accepted Contract Schedule) which will ensure the City’s interest, or if the Contractor is not carrying out the intent of the Contract, the City may serve written notic e upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract.
B. Termination of Contractor’s Control Over the Work
City may terminate the Contractor’s control over the Work without liability for damages when, in the City’s opinion, the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the City’s consent. Should such termination occur, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity and quality of the Work completed at the time of terminati on, less damages caused to the City by the Contractor’s action or inaction.
In the event of such termination of control, the City may do any one, or combination of, the following:
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Serve written notice upon the Surety on it s Faithful Performance Bond demanding satisfactory compliance with the Contract. In such event the Surety will, within 5 days, assume control and perform the Work as successor to the Contractor; The City may perform the Work itself and deduct the cost thereof from any payment due to the Contractor;
The City may replace the Contractor with a different contractor to complete the work and deduct the cost thereof from any payment due to the Contractor.
Nothing herein will waive, or serve as a limitation upon, any additional remedy the City may have under these Contract Documents or applicable law.
C. Surety’s Assumption of Control
Should the Surety assume any part of the Work , it will take the Contractor’s place in all respects for that part and will be paid by the City for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default will be payable to the Surety as the Work progresses, subject to the terms of the Contract.
If the Surety does not assume control and perform the Work wit hin five days after receiving notice of cancellation, or fails to continue to comply, the City may exclude the Surety from the premises. The City may then take possession of all material and equipment and complete the Work by City’s forces, by letting the unfinished work to another contractor, or by a co mbination of such methods. In any event, the cost of completing the Work will be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the City. If the sums due under the Contract are insufficient for completion, the Contractor or Surety will pay to the City within five days of completion, all costs in excess of the sums due.
The provisions of this subsection will be in addition to all other rights and remedies available to the City under applicable law.
28. DELAYS AND EXTENSIONS OF TIME
A. General
If delays are caused by unforeseen events bey ond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entit led to damages or additional payment due to such delays except as otherwise provided herein. Excu sable delay may include war, earthquakes exceeding 3.5 on the Richt er Scale, government regulati on, labor disputes outside the contemplation of the parties, strikes outside the contemplation of the parties, fires, floods, changes to the Work as identified herein, or other specific events that may be further described in the Specifications.
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Delays to the project caused by labor disputes or strikes involving trades not directly related to the project, or involving trades not affecting the project as a whole will not warrant an extension of time.
The City will not grant an extension of time fo r a delay by the Contractor’s inability to obtain materials unless the Contractor fu rnishes to the Public Works Director documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor’s operations and accepted construction schedule.
Should delays be caused by events other than those included herein, the Public Works Director may, but is not requi red to, deem an extension of time to be in the City’s best interests.
B. Extensions of Time
If granted, extensions of time will be based upon t he effect of delays to the critical path of the Work as determined by the current accepted Contract Schedule. Delays to minor portions of the Work that do not affect the critical path will not be eligible for extensions of time.
C. Payment for Delays to Contractor
Any payment for compensable delay will be based upon actual costs excluding, without limitation, what damages, if any, the Contractor may hav e reasonably avoided. The Contractor understands that this is the sole basis for recovering delay damages and explicitly waives any right to calculate daily damages for office overhead, profit, or other purported loss, using different formulas incl uding, without limitat ion, the Eichleay Formula.
D. Written Notice and Report
If the Contractor desires payment for a delay or an extension of time, it will give the Public Works Director written notice of such request not later than the time limit set forth in the Proposal for submitting a claim after the event or occurrence giving rise to a delay claim.
Failure to submit a written request within such amount of time will result in the Contractor waiving its delay claim.
Any claim for payment or an extension of time must be in the form required by the “Claims” sections of these Standard Specifications.
In no event will the City grant the Contractor an extension of time if the delay is within the Contract Time as identified by the Contract Documents.
WORKDAYS AND WORKING HOURS
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City Hall is ordinarily open from Monday thru Thursday during normal working hours (8 a.m. to 6:00 p.m.). City Hall is closed on Fridays and on the following holidays:
New Year’s Day - January 1
Martin Luther King, Jr. Day - January 17
President’s Day - February 21
Memorial Day - May 30
Independence Day - July 4
Labor Day - September 05
Veterans’ Day - November 11
Thanksgiving - November 24
Christmas Eve - December 24
Christmas - December 25
New Year’s Eve - December 31
If the Contractor requests an inspection on a day when City Hall is closed, then the Contractor will have to reimburse the City fo r the costs of inspection. The Contractor must request such an inspection at least 48 hours in advance. Cit y inspections during hours when City Hall is closed are subject to inspection overtime fees to be paid for by the Contractor. Friday work that does no t require inspection can be done without an inspection fee and must be discussed with City staff before it s occurrence. If the Contractor does construction on a Friday or a day when City Ha ll is closed, that day is counted as a project working day.
On workdays, Contractor’s activities will be confined to the hours between 7:00 a.m. and 4:00 p.m.
A. Night Work
Except as otherwise provided in the Technical Specificat ions or separate permit, City does not permit Work between the hours of 4 p.m. and 7 a.m. of the following day.
B. Weekend and Holiday Work
The Public Works Director may, but is not required to, allow the Contractor to work on Saturdays, Sundays and City Holidays.
30. COMPLETION AND ACCEPTANCE
The Work will be inspected by the Public Works Director for acceptance upon the Public Works Director receiving the Contractor’s written assertion that the Work is complete.
If, in the Public Works Director’s judgment, the Work is complete and is ready for acceptance, the Public Works Director will acc ept the Work on behalf of the City in the manner prescribed by the City. Once a Notice of Completion is issued, the Contractor is relieved from responsibility to protect the Work.
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All work will be guaranteed by the Contractor against defective workmanship and materials furnished by the Contractor for a minimum period of one year from the date the Work was completed. The Contractor will replace or repair any such defective work in a manner satisfactory to the Public Works Director, af ter notice to do so from the Public Works Director, and within the time specif ied in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the City may perform this work and the Contractor’s sureties will be liable for the cost thereof.
31. LIQUIDATED DAMAGES
If all the Work is not completed before or upon the expiration of th e Contract Time, City will sustain damage. Since it is and will be impracticable to determine the actual damage which the City will sustai n in the event of and by reason of such delay, it is agreed that the Contractor will pay to the City the sum specified in the Proposal for each and every calendar day beyond the time prescribed to complete the work not as a penalty, but as a predetermined liquidated damage. The Contra ctor agrees to pay such liquidated damages as are herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due to the Contractor under the contract.
Unless otherwise specified, liquidated damages will be $1000 per calendar day.
32. DISPUTES AND CLAIMS; PROCEDURE
A. General
Consistent with PCC §§ 9204 and 10240.6, “Claim” means a written demand or assertion by the Contractor that seeks an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determina tion of disputes or matters in question between the City and the Contractor arising out of or related to the Contract Documents or the performance of the Work, and claims alleging an unforeseen condition or an act, error, or omission by the City, the Public Works Director, their agents or employees. “Claim” does not mean, and the Claims procedures herein do not apply, to the following:
Claims respecting penalties for forfeiture s prescribed by stat ute or regulations, which a government agency is specifically authorized to administer, settle, or determine.
Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. Claims respecting a latent defect, breach of warranty, or guarantee to repair. Claims respecting stop notices.
If a Claim is subject to the Change Order procedures, the Claim arises upon the issuance of a written final decision denying in whole or in part the Contractor’s Change Order
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Request. If a Claim is not subject to th e Change Order Procedures , the Claim arises when the Contractor discovers, or reasonably should discover, the condition or event giving rise to the Claim. The requirements of this Section are intended to supplement and implement PCC § 9204, a copy of which is attached for reference. Accordingly, pursuant to PCC § 9204(f), the parties agree to utilize these Standard Specifications.
B. Form
A Claim must include the following:
A statement that it is a Cla im and a request for a decision.
A detailed description of t he act, error, omission, unforeseen condition, event or other condition giving rise to the Claim.
If the Claim is subject to the Change Order procedures, a statement demonstrating that a Change Order Request was timely submitted and denied.
A detailed justification for any remedy or relief sought by the Claim, including to the extent applicable, the following:
If the Claim involves extra work, a detailed cost breakdown claimed. The breakdown must be provided even if the costs claimed have not been incurred when the Claim is submitted.
To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including, without limitation, payroll records, material and rental invoic es) demonstrating that costs claimed have actually been incurred.
To the extent costs have not yet been incurred at the ti me the Claim is submitted, actual cost records must be submitte d on a current basis not less than once a week during any time period costs are incurred. A cost record will be considered current if submitted within seven calendar days of the date the cost reflected in the record is incurred. At the Public Works Director’s request, claimed extra co sts may be subject to further verification procedures (such as having an inspector verify the performance of alleged extra work on a daily basis).
If the Claim involves an error or omission in the Contract Documents:
An affirmative representation that t he error or omission was not discovered before submitting a bid for the Contract; and
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A detailed statement dem onstrating that the error or omission reasonably should not have been discovered by the Contractor, its Subcontractors and suppliers, before submitting a bid for the Contract.
If the Claim involves an extension of the Contract Time, written documentation demonstrating the Contractor’s entitlement to a time extension.
If the Claim involves an adjustment of the Contract Sum for delay, written documentation demonstrating the Contractor’s entitlement to such an adjustment.
A personal certification from the Contractor that reads as follows:
“I, , BEING THE (MUST BE AN
OFFICER) OF (CONTRACTOR
NAME),
DECLARE UNDER PENALTY OF PERJURY UNDER CALIFORNIA LAW, AND DO
PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY REVIEWED THE
ATTACHED CLAIM FOR ADDITIONAL COM PENSATION OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAI M IS MADE IN GO OD FAITH; THE SUPPORTING DATA IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT
REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE CONTRACTOR BELIEVES CITY IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE § 72 AND CALIFORNIA GOVERNMENT CODE § 12650, ET SEQ., PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW
AND UNDERSTAND THAT SUBMITTING OR CERTIFYING A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT, AND OTHER SEVERE LEGAL CONSEQUENCES.”
C. Claims Submitted to Public Works Director
Within 30 calendar days after the circumst ances giving rise to a Claim occur, the Contractor will submit its Claim to the Public Works Dir ector for a decision. Regardless of any Claim submittal, or any dispute regarding a Claim, unless othe rwise directed by the Public Works Director, the Contract or will not cause any delay, cessation, or termination of the Work, but will diligently proceed with the performing the Work in accordance with the Contract Documents. Except as other wise provided, the City will continue to make payments in accordance with the Contract Documents.
D. Claim Is Prerequisite to Other Remedy
The Contractor certifies that it is familiar with PCC § 10240.2 and understands and agrees that submitting a Claim in accordance with these S pecifications is an express condition precedent to the Contractor’s right to otherwise pursue a claim whether through alternative dispute resolution or by litigation. Should the Contractor fail to submit a claim in accordance with these Specifications, including the time limits set forth herein, it will waive any right to a remedy, whether in la w or equity, it might otherwise have pursuant to the Contract Documents or applicable law.
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E. Decision on Claims
The Public Works Director will promptly review Claims submitted by the Contractor in accordance with these Standard Specifications. Should the Public Works Director require additional supporting evidence to evaluate the claim, the Public Works Director will request such additional information in writing. Any such requested data will be furnished not later than 10 calendar days after the Contractor receives the Public Works Director’s request.
The Public Works Director will render a deci sion not later than 30 calendar days after either receiving the Claim or the deadline for furnishing additional supporting data, whichever is later. If the Claim amount is more than $50,000, the time period will be extended to 60 days. If the Public Works Director fails to render a decision within the time period established herein, then the Claim will be deemed denied. The Public Works Director’s decision will be final and binding unless appealed in accordance with these Specifications.
The Public Works Director’s decision on a Claim will include a statement substantially as follows:
“This is a decision pursuant to the Standard Specifications of your contract. If you are dissatisfied with the decision and have co mplied with the procedural requirements for asserting claims, you may have the right to alternative dis pute resolution or litigation.
Should you fail to take appropriate action wit hin 30 calendar days of the date of this decision, the decision will become final and binding and not subject to further appeal.”
F. Appeal of Public Works Director’s Decision
Should the Contractor dispute the Public Works Director’s decision, then the Contractor must appeal that decision to the City Manager within 30 calendar days of receiving the Public Works Director’s decision.
The City Manager will address disputes or claims within 30 calendar days after receiving such request and all necessary supporting data. The City Manager ’s decision on the dispute or claim will be the City’s final decision.
If the Contractor disputes the City Manager’s decision, then the Contractor must demand alternative dispute resolution in accordanc e with this Section and the PCC within 30 calendar days of the City’s final decision.
G. Mediation
If the City and the Contractor agr ee, disputes between the parties may be submitted to non-binding mediation. If the parties cannot agree to an alternative form of mediation, then mediation will be administered by the American Arbitration Association (“AAA”) under its
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Construction Industry Mediati on Rules, unless the use of such rules are waived by mutual stipulation of both parties.
The parties may, but are not required to be, represented by counsel in mediation.
The requirement for mediation will not alter or modify the time limitations otherwise provided for claims and no conduct or settl ement negotiation durin g mediation will be considered a waiver of the City’s right to assert that claim procedures were not followed.
H. Arbitration
If the City and Contractor do not agree to mediation, then disputes will be submitted to neutral non-binding (except as provided herein) arbitration. Arbitration will be conducted in accordance with PCC § 10240.3. Any decision rendered by an arbitrator will be consistent with PCC § 10240.8.
The exclusive venue for any arbitration will be in Los Angeles County.
The expenses and fees of the arbitrators and the administrative fees, if any, will be divided among the parties equally. Each party will pay its own counsel fees, witness fees, and other expenses incurred for its own benefit.
I. When Arbitration Decision Becomes Binding
The decision rendered by the arbitrator will become bind ing upon the parties unless appealed to the Los Angeles County Superior Court pursuant to PCC § 10240.12 within 30 calendar days of the decision. If subsequent litigation results in an award to the party appealing the arbitration that is less than or equal to that of the arbitration decision, or if the litigation results in a decision in favor of the nonappealing par ty, then the party appealing the arbitration will pay the nonappealing party’s attorney’s fees and court costs.
J. Appeal to Superior Court; Waiver of Jury Trial
Should a party timely object to the arbitration decision, it may file a petition with the Los Angeles County Superior Court in accordance with California Code of Civil Procedure (“CCP”) §§ 1285, et seq. Notwithstanding the limitations set forth in CCP § 1286.2, the court may vacate, correct, or adjust an arbitration award, and enter judgment in accordance with CCP § 1287.4, for any lega l or equitable basis including, without limitation, error of law. The court will apply the substantial evidence standard of review when considering the appeal of an objecting party.
BY EXECUTING THESE CONTRACT DOCUM ENTS, THE CONTRACTOR AGREES
TO HAVE DISPUTES OR CONTROVERSY CONCERNING THE CONSTRUCTION,
INTERPRETATION, PERFORMANCE, OR BREACH OF THESE CONTRACT
DOCUMENTS, INCLUDING CLAIMS FOR BREACH OF CONTRACT OR ISSUES OF
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BAD FAITH DECIDED IN ACCORDANCE WITH THIS SECTION. BOTH THE CITY
AND THE CONTRACTOR WAIVE THEIR R IGHT TO A JURY TRIAL FOR THESE DISPUTES OR ISSUES.
33. PREVAILING WAGES
The Contractor will post at appr opriate conspicuous points at the site of the project a schedule showing determinations of the Director of Industrial Relations of the prevailing rate of per diem wages. It will be the Contractor’s responsibility to obtain copies of the prevailing rate of per diem wages. One s ource that may be used is the California Department of Industrial Relations website which is currently located at www.dir.ca.gov, or by calling the Prevailing Wage Unit at (415) 703-4774.
Attention is directed to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by the Contractor or any subcontractor.
Labor Code § 1777.5 requires the 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 will 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:
When employment in the area of cover age by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 calendar days before the request for certificate, or
When the number of apprentices in training in the area exceeds a ratio of one to five, or
When the trade can show that it is replacing at leas t 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or
When the Contractor provi des evidence that the Cont ractor employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.
The Contractor is required to make cont ributions to funds established for the administration of app renticeship programs if the 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.
The Contractor and any subcontractor wil l comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices.
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Information relative to apprentices hip standards, wage schedules and other requirements may be obtained from the Director of Industrial Relati ons, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
34. RECORD OF WAGES PAID: INSPECTION
Every Contractor and subcontractor will keep an accurate certified payroll records showing the name, occupation, and the actual per diem w ages paid to each worker employed in connection with the Work. The re cord will be kept open at all reasonable hours to the inspection of the body awardi ng the contract and to the Department of Industrial Relations. If requested by the City, the Contractor will provide copies of the records at its cost.
35. LIABILITY INSURANCE
Contractor must comply with City’s insur ance requirements for public works projects which are adopted by City Council resolution (the “Insurance Matrix”). At the time of executing this contract, City Council Re solution No. 11750, adopted June 17, 2015, constitutes the Insurance Matrix for this contract. Contractor will provide endorsements or other proof of coverage for contractual liability in accordance with the Insurance Matrix.
The cost of such insuranc e will be included in the various items of work in the Contractor’s bid and no additional compensation for purchasing insurance or additional coverage needed to meet these requirements will be allowed.
In the event that any required insurance is reduced in coverage, cancelled for any reason, voided or suspended, Contractor agrees that City may arrange for insurance coverage as specified, and Contractor fu rther agrees that administrat ive and premium costs may be deducted from payments due to the Contractor. Contractor will not be allowed to work until alternate coverage is arranged.
Coverage will not extend to any indemnity co verage for the active negligence of the additional insured if the agreement to indem nify the additional insured would be invalid under Civil Code § 2782(b).
36. INDEMNIFICATION AND DEFENSE
In addition to all other provisions of the Contract Documents including, without limitation, the Greenbook, as between the City and Contractor, Contractor will take and assume all responsibility for the work as stated herein or shown on the plans.
The Contractor will bear all losses and damages dire ctly or indirectly resulting to it, to the City, its officers, employees, and agents, or to others on account of the performance or character of the work, unforeseen difficult ies, accidents, traffic control, job site maintenance, or any other causes whatsoever.
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The Contractor will assume the defense of and indemnify and save harmless the City of Monterey Park, its officers, employees, and agents, from and against any and all claims, losses, damage, expenses and liability of every kind, nature, and description, directly or indirectly arising from the performance of t he contract or work, regardless of responsibility for negligence, and from any and all claims, losses, damage, expenses, and liability, howsoever the same may be caused, resulting directly, or indirectly from the nature of the work covered by the c ontract, regardless of responsibility for negligence, to the fullest extent permitted by law. In accordance with Civil Code § 2782, nothing in this Section will r equire defense or indemnification for death, bodily injury, injury to property, or any other loss, damage or expense arising from the sole negligence or willful misconduct of the City, or its agents, servants or independent contractors who are directly responsible to the City, or fo r defects in design furnished by such persons.
Moreover, nothing in this Section will apply to impose on the Contractor, or to relieve the City from, liability for active negligence of the City.
The City does not, and will not, waive any ri ghts against the Contractor which it may have by reason of the aforesaid hold harml ess agreements because of the acceptance by the City, or deposit with City by Contract or, of any insurance policies. This hold harmless agreement by the Contractor applies to all damages and claims for damages of every kind suffered or alleged to hav e been suffered by reasons of any of the aforesaid operations of Contra ctor, or any subcontractor, r egardless of whether or not such insurance policies are determined to be applicable to any of such damages or claims for damages.
No act by the City, or its representatives in processing or accepting any plans, in releasing any bond, in inspecting or accepting any work, or of any other nature, will in any respect relieve the Contractor or anyone else from any legal responsibility, obligation or liability he might otherwise have.
37. PERMITS
The Contractor will apply for permits requir ed by the City. These permits including, without limitation, a business license, will be issued on a “no-fee” basis. However, the Contractor must pay for and obtain all other permits from other governmental and utility agencies necessitated by their operations but cannot charge the City an administrative fee for obtaining such permits.
All bonding fees, (overweight and oversized vehicle permit fees) inspection permit fees or other fees charged or required for such permits must be paid by the Contractor. These costs will be included in the bid item provided. If no bid item is included, costs will be included in the various items of work, and no additional payment will be allowed.
38. CLEANUP AND DUST CONTROL
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On any construction project requiring trenchi ng within public streets and for which total trenching is in excess of 500 feet, the Contractor will be required to sweep the worksite utilizing a pick-up type of street sweeper a minimum of once daily.
39. WATERING
Water for dust control caused by Contractor’s operations or the passage of traffic through the work will be applied as necessary or as directed by the Public Works Director. Water for the above or other purposes may be obt ained from any approved source. If the Contractor chooses to use a City fire hydrant upon placing deposits and fees as described in this contract, the Public Works Director will cause a mete r to be installed.
All water used from the hydrant will be mete red and charged to the Contractor at the prevailing rate plus the current daily meter rental rate. The Contractor will be charged a $15 reconnect fee if the Contra ctor wishes to move the me ter to a different hydrant.
Costs of water to be used will be included in the cost of various bid items.
40. WATER POLLUTION CONTROL
The following requirements are added to establish storm water and urban runoff pollution prevention controls.
Storm or construction generated water containing sediment such as, construction waste, soil, slurry from concrete/a sphalt concrete saw cutting operations, clean-up of concrete transit mixers or other pollutants from construction sites and parking areas will be retained or controlled on site and will not be permitted to enter the storm drain system.
Temporary sediment filtering systems such as sandbags, silt fences, or gravel berms will be utilized to trap sediment so that onl y filtered water enters the City’s storm drain system. Proper clean up and disposal of settled sediment and the filtering system will be the responsibility of the Contractor.
Discharge of concrete transit mixer wash water on to approved dirt areas (sub-grade area designated for new concrete construction fo r example) is acceptable. Discharge on to private property, parkway areas, or the street is not permitted.
Plastic or other impervious covering will be installed wher e appropriate to prevent erosion of an otherwi se unprotected area, along with any other r unoff control devices deemed appropriate by the City.
Excavated soil stored on the site will be covered in a manner that minimizes the amount of sediments running into the storm drain system, street or adjoining properties.
No washing of construction or other industrial vehicles and equipment will be allowed adjacent to a construction site. During th e rainy season (October 15 to April 15), Contractor will keep at the construction site sufficient materials and labor to install temporary sediment filtering systems and other wate r pollution prevention control
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measures. These control measures will be in place and maintained by the Contractor on a daily basis on days when construction is not in progress due to rain.
All costs associated with water pollution c ontrol will be borne by t he Contractor. Any expense incurred by the City to expeditiously respond to storm drain contamination resulting from Contractor’s failure to implement water pollution control measures will be charged to the Contractor.
41. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectively reduced by the Contractor’s operations, such striping or markings will also be considered as existing improvem ents and the Contractor will replace such improvements.
Relocations, repairs, replacements, or re-e stablishments will be at least equal to the existing improvements and will match such im provements in finish and dimensions unless otherwise specified.
42. PUBLIC CONVENIENCE AND SAFETY
Unless otherwise specified all traffic cont rol will be performed in accordance with the Work Area Traffic Control Handbook (WATCH) Latest Edition, published by Building News, 3055 Overland Avenue, Los Angeles, CA 90034, telephone 310-474-7771.
43. TRAFFIC AND ACCESS
The Contractor will notify the occupants of all affected properties at least 48 hours before any temporary obstruction of access. Vehicular access to property line will be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Public Works Director.
At least one, 12 foot wi de, traffic lane will be provided for each direction of travel on all streets at all times except as permitted by the Public Works Director. The traffic lanes will be maintained on pavement and will remain unobstructed. All work requiring that a lane be closed, or a lane moved right or left will be noticed to the traveling public by use of City approved lighted arrow boards.
Clearances from traffic lanes will be five feet to the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction.
One four-foot-wide paved pedestrian walkway will be maintained in the parkway area on each side of all streets. The clearance from the pedestrian walkway to any traffic lane will be five feet. Pedestrians and vehicles will be protected from all excavations, material storage, and/or obstructions by the plac ement of an adequate nu mber of lighted barricades (minimum two) at each location, one at each end of the obstruction or
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excavation), which will have flashing lights during darkness. Barricades will be Type I or Type II per Section 7-3 of the WATCH Manual and lights will be Type A per Section 7-6 of the “Work Area Traffic Control Handbook” (WATCH).
44. STREET CLOSURES, DETOURS, BARRICADES
Street closures will not be allowed except as specifically permitted by the Public Works Director.
The Contractor will prepare any traffic control or detour pl ans that may be required as directed by the Public Works Director. Lane transitions will not be sharper than a taper of 30 to one.
Temporary traffic channelization will be acco mplished with barricades or delineators.
Temporary striping will not be allowed unless specifically permitted by the Public Works Director. The Contractor will prepare any pl ans that may be required for temporary striping to the satisfaction of the Public Works Director. In no event will temporary striping be allowed on finish pavement surfaces, which are to remain.
Where access to driveway or street crossings need to be maintained, minimum 1 1/4- inch-thick steel plating will be used to bri dge the trench. All steel plating will have temporary asphalt concrete 1:12 minimum sl oped ramps to assist vehicles to cross comfortably over the plates and have a non-skid surface. Plates subject to vehicle high traffic speeds and in residential areas will be secured by welding at the discretion of the Public Works Director.
45. PROTECTION OF THE PUBLIC
It is part of the service required of the Cont ractor to make whatever provisions are necessary to protect the public. The Contractor will use foresight and will take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would re sult from interruption or c ontamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the Project which will require that immediate and unusual provisions be made to protect the public from danger or loss of life, or damage to life and pr operty, due directly or indirect ly to prosecution of work under this contract.
Whenever, in the opinion of the Public Works Director, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or pr operty, which may be damaged by the Contractor’s operations and when, in the opinion of the Public Works Director, immediate action will be considered necessary in order to protect the public or property due to the Contractor’s operations under this contract, the Public Works Director will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation immediately, the P ublic Works Director may provide suitable
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protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Public Works Director, may seem reasonable and necessary.
The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, will be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. Such remedial measures by the City will not relieve the Contractor from full responsibility for public safety.
46. HAZARDOUS MATERIAL
For any excavation, which extends more t han four feet below existing grade, the Contractor will promptly, and before the conditions are disturbed, notify the Public Works Director, in writing, of 1) any material that the Contractor believes may be hazardous waste, as defined in Health and Safety Code § 25117, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law, 2) subsurface or latent physical conditions at the site differing from those indicated, or 3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents.
After receiving notice from the Contractor , the Public Works Director will promptly investigate any condition identified by the Contractor as being hazardous. The rights and obligations of the City and t he Contractor with regard to such conditions (including, without limitation, the procedures for procuring change orders and filing claims) will be specified by the provisio ns of these Standard Specif ications regarding Changed Conditions.
If a dispute arises between the City and the Contractor whether the conditions materially differ, involve hazardous waste, or cause a change in the Contractor’s cost or time required for performance of the work, the Contractor will not be excused from any scheduled completion date provided for by the contract, but will proceed with all work to be performed under the contract.
If the Public Works Director determines that material called to the Public Works Director’s attention by the Contractor is hazardous waste, or if the Public Works Director otherwise discovers the existence of hazardous waste, the Contractor will be responsible for removal and disposal of the hazardous waste by qualified personnel and appropriate equipment in the manner required by law as directed by the Public Works Director.
47. LUMP SUM WORK
Items for which quantities are indicated as “Lump Sum,” “L.S.,” or “Job” will be paid for at the price indicated in the Proposal. Such payment will be full compensation for all costs for labor, equipment, materials and plant necessary to furnish, construct and install the lump sum item of work, complete, in place, and for all necessary appurtenant work,
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including, but not limited to, all necessary cu tting, patching, repair and modification of existing facilities, and clean-up of site.
Contractor will furnish three copies of a detailed schedule, which breaks down the lump sum work into its component parts and cost for each part, in a form and sufficiently detailed as to satisfy Public Works Director that it corr ectly represents a reasonable apportionment of the lump sum. This schedule is subject to approval by Public Works Director as to both the components into which the lump sum item is broken down, and the proportion of cost attributable to each component.
This schedule will be the basis for progress payments for the lump sum work.
48. PARTIAL AND FINAL PAYMENTS
The closure date for the purpose of making partial progress payments will be the last working day of each month. The Contractor will prepare the partial payment invoice with measurement of the work per formed through the closure date and submit it to City for approval.
When work is complete, the Contractor will determine the final quantities of the work performed and prepare the final progress payment and submit it to the Public Works Director for approval.
It will take a minimum of 35 calendar days fr om the date of approvin g the Contractor’s invoice to make the payment to the C ontractor. However, payments will be withheld pending receipt of any outstanding reports required by the contract documents, or legal release of filed Stop Payment Notices against the Contract or. In addition, the final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as-built conditions.
The full five percent (5%) retention will be deducted from all progress payments. The Contractor will make a payment request for the retained amount, for approval by the City, upon field acceptance of the work by the Cit y Public Works Director. The City Public Works Director upon field acceptance and receipt of the final as-built plans and any other reports or documents required to be prov ided by the Contra ctor will process a recommendation to the City Council for acceptance of the work. Not less than 35 calendar days from the City Council acceptance of the work , the Contractor’s final payment will be made provided Stop Payment Notices or other claims have not been filed against the Contractor and/or the City by mate rial suppliers, sub- contractors, other governmental agencies, and private property owners. Until these Stop Payment Notices are released, and claims are resolved the stop payment/claim amount will be withheld from the final payment.
The Contractor, however, may receive inte rest on the retention for the length of construction, or receive the re tention itself as long as the retention is substituted with escrow holder surety or equal value.
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SECTION D. STANDARD SPECIFICATIONS Page D.29
At the request and expense of the Contractor, surety equivalent to the retention may be deposited with the State Treasurer, or a State or Federally chartered bank, as the escrow agent, who will pay such surety to the Contra ctor upon satisfactory completion of the contract.
Pursuant to PCC § 22300, the Contractor may substitute securities for retention monies held by the City or request that the City place such monies into an escrow account. The Contractor is notified, pursuant to PCC § 22300, that any su ch election will be at the Contractor’s own expense and will include costs incurred by the City to accommodate the Contractor’s request.
Progress payment paid by the City as contemplated herein, will be contingent upon the Contractor submitting, in addition to any additional documents, an updated Contract Schedule in the form prescribed by these Contract Documents. Failure of the Contractor to submit an acceptable updated Contract Schedule will resu lt in the City withholding partial payment, without liability to the City, until such an a cceptable updated Contract Schedule is submitted. Nothing herein will a llow the Contractor to suspend or slow progress of the Work.
A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account which is the sole source of funds available for pay ment of the Contract Sum. Contractor understands and agrees that Contractor will be paid only from this special fund and if for any reason this fund is not sufficient to pay Contractor, Contractor will not be entitled to payment. The availability of money in this fund, and City’s ability to draw from this fund, are conditions precedent to City’s obligation to make payments to Contractor.
49. DELIVERED MATERIALS
Materials and equipment delivered or stored, but not incorporated into the work, will not be approved for progress payments.
50. TERMINATION OF AGENCY LIABILITY
Before receiving final payment, the Contractor will execute a “Release on Contract” form which will operate as, and will be a release to the City, the City Council, and each member of the City Council an d their agencies, from all claims and liability to the Contractor for anything done or furnished for, or relating to, the work or for any act of neglect of the City of any person relating to or affecting the work, except the claim against the City for the remainder, if any there be, of the amounts k ept or retained as in these Standard Specifications and exce pt for any unsettled claims listed on said form which have been filed in compliance with the requirements for making claims.
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City of Monterey Park Specification No. 2024-005
SECTION E. TECHNICAL SPECIFICATIONS Page E.1
SECTION E. TECHNICAL SPECIFICATIONS
No guarantee is made for the quantities estimated under the bid items. The City reserves the right to reduce, increase the quantity or omit an item of work.
A. Traffic control:
1. The Contractor shall be responsible to furnish, install and maintain such devices which are necessary to provide safe and e fficient passage for the traveling public through the work area, for the safety of personnel present in the work area, and to minimize inconvenience.
2. All work and materials to implement c onstruction staging and traffic control shall comply with the California Manual of Uniform Traffic Controls Device (CA MUTCD).
Signs, markings, striping, barricades, delin eators and all materials shall conform to applicable Caltrans standards and specifications.
3. The use of flagmen may be required if deemed so by the City Engineer. Adequate flagmen, construction signs barricades, delineators, and arrow boards shall be used to the satisfaction of the City Engineer. Adequate traffic control shall always be maintained through the construction zone.
4. Traffic control through the project ar ea shall conform to the requirements of Section 7-10, “Public Convenience and Safety,” (SSPWC).
5. The Contractor shall not allow traffic to travel on natural ground, subgrade, or aggregate base material. Traffic must only be allowed on a firm asphalt surface.
A temporary ac pavement may be used for this reason to allow traffic.
6. The Contractor shall maintain a minimu m of 5 feet clearance from the vertical edge of excavation.
7. The Contractor shall not be allowed to l eave vertical edge over 1” within the street pavement when the pavement is open to tr affic except along the edge of gutter.
Otherwise, the Contractor shall constr uct temporary AC transition at edges including around the edges of utility structures.
The transition at traverse edge to through traffic shall be 6:1 slope, at longitudinal edge shall be 4:1 slope and at driveways ramped at 6:1 slope.
8. Ingress and egress of vehicl e to all driveways shall be maintained at all time except when arranged in advance by the Contractor with the respective residence.
9. The Contractor shall main tain one 10’ wide minimum traffic lane in each direction at all time.
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SECTION E. TECHNICAL SPECIFICATIONS Page E.2
10. No street or one traffic direction closure shall be allowed unless approved by the City Engineer 48 hours prior to the closure and subject to the following condition:
a. The Contractor shall submit a detour plan prepared by a Civil Engineer in the State of California, for approval by the Engineer.
b. Notify the following Agencies two (2) wo rking days before closing or partially closing any street or alley:
See Appendix 3 on the bid package for Police Department and Fire Department Dispatch contacts. Contractor shall notify these agencies.
11. The Contractor shall install, mainta in, and remove all temporary delineators, barricades, lights, warning signs and other facilities necessary to control traffic as specified in the CA MUTCD.
12. All traffic lanes shall be open at the end of working hours of each day, unless approved by the City Engineer.
13. Payment for traffic control shall be in cluded in various bid items of the Bid Schedule.
B. PCC Sidewalk, Curb and Gutter:
This item consists of removal of existing concrete sidewalk, curb and gutter, and/or flatwork, followed by installation of new concrete sidewalk, curb and gutter, per SPPWC Standard Plan No. 120-1, at t hose locations specified on the plans. Concrete shall be Portland Cement Concrete (PCC), Class 520-C-2500 per Table 201-1.1.2. PCC shall conform to Section 201-1 of the Greenbook with respect to materials. PCC shall conform to Section 303-5 of the Greenbook with respect to construction methods.
All details and dimensions for PCC Sidewalk, Curb and Gutter, shall comply to the latest edition of the SPPWC. Contractor shall furnis h the necessary control points for all work, and shall be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer.
Payment for removal of PCC sidewalk includes sawcutting, excavation, removal and disposal of all material, and shall be paid for at the contract unit price per square foot of PCC sidewalk removed and constructed and no additional compensation will be allowed.
Payment for removal of PCC curb and gutter includes sawcutting, excavation, removal and disposal of all material, and shall be paid for at the contract unit price per linear foot of PCC curb and gutter removed and constructed and no additional compensation will be allowed.
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SECTION E. TECHNICAL SPECIFICATIONS Page E.3
Payment for the construction of PCC sidewalk, including excavation, grading and preparation of subgrade shall be paid for at the contract unit price per square foot and no additional compensation will be allowed.
Payment for the construction of PCC curb and gutter, including excavation, grading and preparation of subgrade shall be paid for at the contract unit price per square foot and no additional compensation will be allowed.
The PCC sidewalk bid price shall include full compensation for all labor, materials, tools, equipment and all incidentals, and for doing the work, as shown on the plans and in accordance with these Special Provisions, including removal and construction of PCC sidewalk, sawcutting, excavation, removal and disposal of all material, grading and preparation of subgrade shall be paid for at the contract unit price per square foot and no additional compensation will be allowed.
The PCC curb and gutter bid price shall include full compensation for all labor, materials, tools, equipment and all incidentals, and for doing the work, as shown on the plans and in accordance with these Special Provisions, including removal and construction of PCC curb and gutter, sawcutting, excavation, removal and disposal of all material and includes removal of 1 FOOT STRIP X 8" DEEP OF AC pavement section (AC Slot Patch) as required, grading and preparation of subgrade shall be paid for at the contract unit price per square foot and no additional compensation will be allowed.
C. PCC Curb Ramps:
This item consists of remova l of existing concrete ramps, sidewalk, curb and gutter, flatwork, and various parkway materials, followed by installation of new ADA compliant curb access ramps, per SPPWC Standard Plan No . 111-5, at those locations specified on the plans. Concrete shall be Portland Cement Concrete (PCC), Class 520-C-2500 per Table 201-1.1.2. PCC shall conform to Sect ion 201-1 of the Greenbook with respect to materials. PCC shall conform to Sect ion 303-5 of the Greenbook with respect to construction methods.
All details and dimensions for PCC Access Ramps shall comply to the latest edition of the SPPWC Standard Plans. Contractor shall furnish the necessary control points for all work, and shall be responsible for the completeness and accuracy thereof to the satisfaction of the Engineer.
Payment for removal of PCC curb ramp includes sawcutting, excavation, removal, and disposal of all material, and includes removal of 1 FOOT STRIP X 8” DEEP OF AC pavement section as needed, and shall be paid for at the contract unit price per each PCC curb ramp removed and no additional compensation will be allowed.
Payment for the construction of curb ramp shall be paid per each and shall include all labor and material to construct curb ramps at the identified locations including curb &
City of Monterey Park Specification No. 2024-005
SECTION E. TECHNICAL SPECIFICATIONS Page E.4
gutter, associated PCC walk, detectable warning surface, construction and compaction of asphalt slot patch, and no additional compensation will be allowed.
D. Mobilization:
Mobilization shall include all activities and associated costs fo r transportation of contractor's personnel, equipment, and operating supplies to the site; establishment of offices, buildings, and other necessary general facilities for the contractor's operations at the site.
Demobilization shall include a ll activities and costs for transportation of personnel, equipment, and supplies not required or included in the contract from the site; including the disassembly, removal, and site cleanup of offices, buildings, and other facilities assembled on the site specifically for this contract.
This work includes mobilization and demobilization required by the contract at the time of award. If additional mobi lization and demobilization activi ties and costs are required during the performance of the contract as a result of changed, deleted, or added items of work for which the contractor is entitled to an adjustment in contract price, compensation for such costs will be included in the price adjustment for the item or items of work changed or added.
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City of Monterey Park Specification No. 2024-005
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.1
PUBLIC WORKS CONTRACT
BETWEEN
THE CITY OF MONTEREY PARK
AND
___________________________________
This CONTRACT is entered into this ___ day of ___________ ___, 20__, by and between the CITY OF MONTEREY PARK, a general law city and municipal corporation (“the City”) and _____________________________________________ (“the Contractor”).
1. WORK.
A. The Contractor will provide all work required by the Contract Documents (the “Work”). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents.
B. The Contractor and the City agree to abide by the te rms and conditions contained in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportati on; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents.
D. “Contract Documents” means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Dr awings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings.
2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed _ _ ($ ) dollars for the Work in the manner set forth in the Contract Documents. The City may adjust
City of Monterey Park Specification No. 2024-005
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.2 this amount as set forth in the Contract Documents.
3. TIME FOR PERFORMANCE .
A. The Contractor will fully complete the Work within 50 working days (the “Contract Time.”)
B. The Contract Time will commence when t he City issues a notice to proceed.
The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract.
C. The Contractor may not perform any Work until:
i. The Contractor furnishes proof of insurance as required by the Contract Documents; and
ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed.
D. By signing this Contract, the Cont ractor represents to the City that the Contract Time is reasonable for co mpletion of the Work and that the Contractor will complete the Work within the Contract Time.
E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor’s own cost and risk.
4. DISPUTES. Disputes arising from this cont ract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13.
5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third-party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of the Contract Documents. As more spec ifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third-party claim.
6. TAXPAYER IDENTIFICATION NUMBER . The Contractor will provide the City with a Taxpayer Identification Number.
7. PERMITS AND LICENSES . Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work.
8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contract or under the Contract Documents are the City’s property. The C ontractor may retain copies of said
City of Monterey Park Specification No. 2024-005
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.3 documents and materials as desired, but will del iver all original materials to the City upon the City’s written notice.
9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Do cuments, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assum ed by the Contractor pur suant to the Contract Documents, including, without limitati on, to the provisions concerning indemnification.
10. INDEPENDENT CONTRACTOR. The City and the Cont ractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or simila r benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct t he Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only.
11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least th ree (3) years after termination or final payment under the Contract Documents.
12. NOTICES . All communications to either par ty by the other party will be deemed made when received by such party at its respective name and address as follows:
The City The Contractor
City of Monterey Park __________________________
Attn: ______________________ Attn: ______________________ 320 West Newmark Avenue __________________________
Monterey Park, CA 91754 __________________________
Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes
City of Monterey Park Specification No. 2024-005
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.4 may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
13. NO THIRD PARTY BENEFICIARY . This Contract and every provision herein is for the exclusive benefit of the Contract or and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.
14. INTERPRETATION . This Contract was draft ed in and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County.
15. EFFECT OF CONFLICT . In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows:
A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determi ned in the Standard Specifications.
16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, t hen such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect.
17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City’s city manager, or designee, may execute any such amendment on the City’s behalf.
18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this C ontract will be considered signed when the signature of a party is del ivered by facsimile transm ission. Such facsimile signature will be trea ted in all respects as having the same effect as an original signature.
19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph.
20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract.
City of Monterey Park Specification No. 2024-005
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.5
21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.
City of Monterey Park Specification No. 2024-005
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.6 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF MONTEREY PARK _________ __________________
____________________________ _______________ ____________ Ron Bow INSERT AUTHORIZED NAME
City Manager INSERT TITLE
Taxpayer ID No. INSERT TAX PAYER ID
NUMBER
ATTEST:
____________________________
M a y c h e l l e Y e e
City Clerk
APPROVED BY:
_______________________
Karl H. Berger
City Attorney
City of Monterey Park Specification No. 2024-005
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.7
FAITHFUL PERFORMANCE BOND
Bond No.:_____________
Bond Fee:_____________
(“PRINCIPAL”) and , a corporation incorporated under the laws of t he State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety (“SURETY”), are held and firmly bound unto the CITY OF MONTEREY PARK (“CITY”) in the sum of ($ ) dollars, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for t he payment of which sum PR INCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument.
PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, SPECIFICATION NO. 2024-005 , and the public works contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will app ly the bond or any portion ther eof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default.
BOND CONDITIONS
1. PRINCIPAL will construct the pu blic improvements identified in SPECIFICATION NO. 2024-005, a copy of which is on file with CITY’s Engineering Division (“Public Project”). Such performance will be in accordance with CITY’s plans and profiles which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY’s Engineering Division. CITY has estimated the required amount of the bond as shown above.
2. PRINCIPAL’s work on the Public Project will be done in accordance with
3. CITY’s plans and specif ications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required wo rk within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor.
4. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project’s completion and acceptance by CITY.
5. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the Monterey Park Municipal Code (“ESMC”).
6. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. 2024-005 or of the obligation
City of Monterey Park Specification No. 2024-005
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.8 to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed.
7. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference:
A. A certified copy of the appointm ent, power of attorney, bylaws or other instrument entitli ng or authorizing the per sons executing this bond to do so;
B. A certificate issued by the county clerk for the county in which SURETY’s representative is located conforming with California Code of Civil Procedure § 995.640 and stat ing that SURETY’s certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and
8. Should PRINCIPAL perf orm its obligations within the time allowed, PRINCIPAL’s obligation will be void upon the acceptance of t he performance by CITY; otherwise this obligation will re main in full force and effect.
SIGNED AND SEALED this day of , 20__.
PRINCIPAL’s PRESIDENT SURETY’s PRESIDENT
PRINCIPAL’s SECRETARY SURETY’s SECRETARY
PRINCIPAL’s MAILING ADDRESS: SURETY’s MAILING ADDRESS:
NOTE: All signatures shall be acknowle dged by a notary public. Return two (2) originals to City Clerk’s Office.
City of Monterey Park Specification No. 2024-005
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.9
LABOR AND MATERIAL BOND
Bond No.:_____________
Bond Fee:_____________
, as principal (“PRINCIPAL”) and , a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety (“SURETY”), are held and firmly bound unto the CITY OF MONTEREY PARK (“CITY”) in the sum of ($ ) dollars, lawful money of the United States, which may be increased or decr eased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument.
This bond is conditioned upon and guarantees paym ent by PRINCIPAL to contractors, subcontractors, and persons renting equ ipment; payment by PRINCIPAL and all PRINCIPAL’S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in 2024-25 Concrete Improvement Specification No. 2024-005 (“Public Project”), the public works contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PR INCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default.
BOND CONDITIONS
1. PRINCIPAL will construct the public improvements identified in the Public Project and the public works contract executed for such Public Project, copies of which is on file with CITY’s Publ ic Works Department. Such performance will be in accordance with CITY’s plans and profiles 2024-25 Concrete Improvements Specification No. 2024-005 which are made a part of this bond when said plans and profiles are approved by the City Counc il and filed with CITY ’s Public Works Department.
2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment.
3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon.
4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the Monterey Park Municipal Code (“ESMC”).
5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of the Public Project or of the obligation to be performed
City of Monterey Park Specification No. 2024-005
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.10 will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed.
6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference:
A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and
B. A certificate issued by the county cl erk for the county in which SURETY’s representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY’s certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted.
7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL’s obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect.
SIGNED AND SEALED this day of , 20__.
PRINCIPAL’s PRESIDENT SURETY’s PRESIDENT
PRINCIPAL’s SECRETARY SURETY’s SECRETARY
PRINCIPAL’s MAILING ADDRESS: SURETY’s MAILING ADDRESS:
NOTE: All signatures shall be acknowled ged by a notary public. Return two (2) originals to City Clerk’s Office.
--END OF SECTION--
City of Monterey Park Specification No. 2024-005
APPENDIX 2. CONTRACT FOR SECURITY DEPOSITS IN LIEU OF RETENTION Page A2.1
CONTRACT FOR SECURITY DEPOSITS IN LIEU OF RETENTION
[PURSUANT TO PUBLIC CONTRACTS CODE § 22300]
This AGREEMENT is entered into this day of XX, 20XX, by and between the CITY OF MONTEREY PARK, a general law city and municipal corporation (“CITY”), (“CONTRACTOR”), and (“AGENT”).
1. RECITALS. This Agreement is made wit h reference to the following facts and objectives:
A. On or about , CITY and CONTRACT OR entered into a public works contract (Specifications No. ) for (“Contract”).
B. The Contract allows CITY to wit hhold a portion of the monies due to CONTRACTOR to help ensure CONTRACTOR’s performance of the Contract.
C. The Contract, in accordance with Public Contracts Code (“PCC”) § 22300, allows CONTRACTOR to substitute securities for the retention amount or establish an escrow account for monies withheld by CITY.
2. SECURITY DEPOSITS IN LIEU OF RETENTION. In accordance with PCC § 22300, CONTRACTOR may
A. Deposit securities with AGENT as a substitute for retention earnings required to be withheld by CITY pursuant to the Contract. When CONTRACTOR deposits the securities as a substitute for Contract earnings, AGENT will notify CITY within ten (10) days of the deposit. The market value of the securities at the time of the substitution will be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract. Such amount is calculated to be ($ ). Securities will be held in the name of the City of Monterey Park, and will designate the CONTRACTOR as the beneficial owner of such securities; or B. Upon written notice, request CITY to make payments of the retention earnings directly to AGENT.
3. PROGRESS PAYMENTS; SEC URITIES. CITY will make progress payments to CONTRACTOR for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the AGENT holds securities in the form and amount specified above.
4. RETENTION EARNINGS; ESCROW ACCO UNT. When CITY makes payment of retention earnings directly to AGENT, AGENT will hold them for the benefit of CONTRACTOR until the time that the escrow created under this Agreement is terminated. CONTRACTOR may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and
City of Monterey Park Specification No. 2024-005
APPENDIX 2. CONTRACT FOR SECURITY DEPOSITS IN LIEU OF RETENTION Page A2.2 responsibilities of the parties will be equally applicable and binding when CITY pays AGENT directly.
5. CONTRACTOR’S EXPENSE. CONTRACT OR will be responsible for paying all fees for the expenses incurred by AGENT in administering the Escrow Account and all of CITY’s expenses. These expenses and payment terms will be determined by CITY, CONTRACTOR, and AGENT.
6. INTEREST; SECURITIES. The interest ear ned on the securities or the money market accounts held in escrow and all interest earned on that interest will be for the sole account of CONTRACTOR and will be subject to withdrawal by CONTRACTOR at any time and from time to time without notice to CITY.
7. INTEREST; ESCROW ACCOUNT. CONT RACTOR will have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to AGENT accompanied by written authorization from CITY to AGENT that CITY consents to the withdrawal of the amount sought to be withdrawn by CONTRACTOR.
8. DEFAULT BY CONTRACTOR; SECURITIES. CITY will have a right to draw upon the securities in the event of CONTRACTOR’s default of the Contract.
Upon seven (7) days’ written notice to AGENT from CITY of the default, AGENT will immediately convert the securities to cash and will distribute the cash as instructed by CITY.
9. RELEASE OF ESCROW. After receivi ng a copy of the recorded Notice of Completion from CITY, and not earlier than the first working day following 35 days after the Notice of Completion was recorded, AGENT will release to CONTRACTOR all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow will be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
10. NOTIFICATIONS TO AG ENT; HOLD HARMLESS. AGENT will rely on the written notifications from CITY and CONTRACTOR pursuant to this Agreement and CITY and CONTRACTOR will hold AGENT harmless from AGENT’s release and disbursement of the securities and interest as set forth above.
11. RESPONSIBLE PERSONS. The names of the persons who are authorized to give written notice or to receive written notice on behalf of CITY and on behalf of CONTRACTOR in connection with the foregoing, and exemplars of their respective signatures are as follows:
F o r C I T Y : F a c s i m i l e :
For CONTRACTOR: Facsimile:
F o r A G E N T : F a c s i m i l e :