BOND ACKNOWLEDGMENT
FOR
SURETY’S ATTORNEY-IN-FACT
STATE OF CALIFORNIA )
) ss
COUNTY OF )
On this day of , 20 ,
before me, (name), a Notary Public for said County, personally appeared (name), who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of , and acknowledged to me that he/she subscribed the
name of thereto as principal, and his/he own name as
attorney in fact.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Notary Public
SEAL
EXHIBIT 4
INSURANCE REQUIREMENTS
1.0 REQUIRED INSURANCE POLICIES
At its own expense, Contractor shall obtain, pay for, and maintain – and shall require each of its Subcontractors to obtain and maintain – for the duration of the Agreement, policies of insurance meeting the following requirements:
A. Workers’ Compensation/Employer’s Liability Insurance shall provide workers’ compensation statutory benefits as required by law.
1. Employer’s Liability insurance shall be in an amount not less than:
(a) ONE MILLION DOLLARS ($1,000,000) per accident for bodily injury or disease; (b) ONE MILLION DOLLARS ($1,000,000) per employee for bodily injury or disease; and
(c) ONE MILLION DOLLARS ($1,000,000) policy limit.
B. Commercial General Liability (“CGL”) (primary). City and its employees and agents shall be added as additional insureds, not limiting coverage for the additional insured to “ongoing operations” or in any way excluding coverage for completed operations. Coverage shall apply on a primary, non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any employee, representative or agent of City.
Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors’ limitation or other endorsement limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage.
1. CGL insurance must not be written for less than the limits of liability specified as follows:
(a) ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury (including accidental death) to any one person;
(b) ONE MILLION DOLLARS ($1,000,000) per occurrence for personal and advertising injury to any one person;
(c) ONE MILLION DOLLARS ($1,000,000) per occurrence for property damage; and (d) TWO MILLION DOLLARS ($2,000,000) general aggregate limit.
2. CGL insurance must include all major divisions of coverage and must cover:
(a) Premises Operations (including Explosion, Collapse, and Underground [“X,C,U”] coverages as applicable);
(b) Independent Contractor’s Protective;
(c) Independent Contractors;
(d) Products and Completed Operations (maintain same limits as above until five (5) years after recordation of Notice of Completion);
(e) Personal and Advertising Injury (with Employer’s Liability Exclusion deleted); (f) Contractual Liability (including specified provision for Contractor’s obligation under Article 11 of the General Conditions); and
(g) Broad Form Property Damage.
3. Umbrella or Excess Liability Insurance (over primary), if provided, shall be at least as broad as any underlying coverage. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion and no contractor’s limitation endorsement. The policy shall have starting and ending dates concurrent with the underlying coverages. The Named Insured may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits and complies with all other requirements listed here.
C. Business Automobile Liability Insurance
1. Business Automobile Liability Insurance must cover all vehicles, whether rented, leased, hired, scheduled, owned or non-owned. If Contractor does not own any vehicles, this requirement may be satisfied by a non-owned vehicle endorsement to the general and umbrella liability policies. Business Automobile Liability Insurance coverage amounts shall not be less than the following:
(a) ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury (including accidental death) to any one person; and
(b) ONE MILLION DOLLARS ($1,000,000) per occurrence for property damage; or (c) ONE MILLION DOLLARS ($1,000,000) combined single limit.
2.0 GENERAL REQUIREMENTS—ALL POLICIES
A. Qualifications of Insurer. At all times during the term of this Contract, Contractor’s insurance company must meet all of the following requirements:
1. “Admitted” insurer by the State of California Department of Insurance or be listed on the California Department of Insurance’s “List of Surplus Line Insurers” (“LESLI”);
2. Domiciled within, and organized under the laws of, a State of the United States; and
3. Carry an A.M. Best & Company minimum rating of “A:VII”.
B. Continuation Coverage. For insurance coverages that are required to remain in force after the Final Payment, and if reasonably available, Contractor shall submit to City, with the final Application for Payment, all certificates and additional insured endorsements evidencing the continuation of such coverage.
C. Deductibles or Self-Insured Retentions. All deductibles or self-insured retentions are subject to City’s review and approval, in its sole discretion.
D. Commercial General Liability and Business Automobile insurance policies must be written on an “occurrence” basis and must add the City of Vernon and its officers, agents, employees and representatives as additional insureds.
E. Contractor’s Insurance Primary. Other insurance (whether primary, excess, contingent or selfinsurance, or any other basis) available to City, or its representatives, or both, is excess over Contractor’s insurance.
City’s insurance, or self-insurance, or both, will not contribute with Contractor’s insurance policy.
F. Waiver of Subrogation. Contractor and Contractor’s insurance company waive— and shall not exercise— any right of recovery or subrogation that Contractor or the insurer may have against City, or its representatives, or both.
G. Separation of Insureds. Contractor’s insurance policy applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or suit is brought, except that the naming of multiple insureds will not increase an insurance company’s limits of liability.
H. Claims by Other Insureds. Contractor’s insurance policy applies to a claim or suit brought by an additional insured against a Named Insured or other insured, arising out of bodily injury, personal injury, advertising injury, or property damage.
I. Premiums. City is not liable for a premium payment or another expense under Contractor’s policy J. At any time during the duration of this Contract, City may do any one or more of the following:
1. Review this Agreement’s insurance coverage requirements;
2. Require that Contractor obtain, pay for, and maintain more insurance depending on City’s assessment of any one or more of the following factors:
(a) City’s risk of liability or exposure arising out of, or in any way connected with, the services of Contractor under this Agreement;
(b) The nature or number of accidents, claims, or lawsuits arising out of, or in any way connected with, the services of Contractor under this Agreement; or (c) The availability, or affordability, or both, of increased liability insurance coverage.
3. Obtain, pay for, or maintain a bond (as a replacement for an insurance coverage) from a California corporate surety, guaranteeing payment to City for liability, or costs, or both, that City incurs during City’s investigation, administration, or defense of a claim or a suit arising out of this Agreement; or
K. Contractor shall maintain the insurance policy without interruption, from the Project’s commencement date to the Final Payment date, or until a date that City specifies for any coverage that Contractor must maintain after the Final Payment.
L. Contractor shall not allow any insurance to expire, cancel, terminate, lapse, or non-renew.
Contractor’s insurance company shall mail City written notice at least thirty (30) days in advance of the policy’s cancellation, termination, non-renewal, or reduction in coverage and ten (10) days before its insurance policy’s expiration, cancellation, termination, or non-renewal, Contractor shall deliver to City evidence of the required coverage as proof that Contractor’s insurance policy has been renewed or replaced with another insurance policy which, during the duration of this Agreement, meets all of this Agreement’s insurance requirements.
M. At any time, upon City’s request, Contractor shall furnish satisfactory proof of each type of insurance coverage required— including a certified copy of the insurance policy or policies; certificates, endorsements, renewals, or replacements; and documents comprising Contractor’s self-insurance program— all in a form and content acceptable to the City Attorney or City’s Risk Manager.
N. If Contractor hires, employs, or uses one or more Subcontractor(s) to perform work, services, operations, or activities on Contractor’s behalf, Contractor shall ensure that the Subcontractor complies with the following.
1. Meets, and fully complies with, this Agreement’s insurance requirements; and
2. Furnishes City at any time upon its request, with a complete copy of the Subcontractor’s insurance policy or policies for City’s review, or approval, or both. Failure of City to request copies of such documents shall not impose any liability on City, or its employees.
O. Contractor’s failure to comply with an insurance provision in this Agreement constitutes a material breach upon which City may immediately terminate or suspend Contractor’s performance of this Agreement, or invoke another remedy that this Agreement or the law allows. At its discretion and without waiving any other rights it may have pursuant to law, City has the right but not a duty to obtain or renew the insurance and pay all or part of the premiums. Upon demand, Contractor shall repay City for all sums or monies that City paid to obtain, renew, or reinstate the insurance, or City may offset the cost of the premium against any sums or monies that City may owe Contractor.
3.0 CONTRACTOR’S SUBMITTAL OF CERTIFICATES AND ENDORSEMENTS A. Contractor shall have its insurance carrier(s) or self-insurance administrator(s) complete and execute the following insurance documents and shall deliver said documents at the same time Contractor delivers this Agreement to City. City will neither sign this Agreement nor issue a “Notice to Proceed” until the City Attorney or City’s Risk Manager has reviewed and approved all insurance documents. City's decision as to the acceptability of all insurance documents is final. Sample insurance documents in the City’s approved format are set forth in this 4.
B. Required Submittals for Commercial General Liability and Business Automobile Insurance and Contractor’s Pollution Liability Insurance. The following submittals must be on forms satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative – which fully meet the requirements of, and contain provisions entirely consistent with, all of the insurance requirements set forth herein.
1. “Certificate of Insurance”
2. “Additional Insured Endorsement”
3. Subrogation Endorsement: “Waiver of Transfer to Rights of Recover Against Others” Both Certificates of Insurance and Additional Insured Endorsements must read as follows: “The City of Vernon, and its officers, agents, employees and representatives are included as additional insureds under the policy(s). This insurance is primary to all other insurance of the City. The City’s insurance and self-insurance will apply in excess of, and will not contribute with this insurance. This insurance applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or a suit is brought. The issuing company shall mail thirty (30) days advance notice to the City for any policy cancellation, termination, non-renewal, or reduction in coverage.” C. Required Submittals for Workers’ Compensation Insurance. Contractor shall provide City with a certificate of insurance and a subrogation endorsement on forms satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative – which fully meet the requirements of, and contain provisions entirely consistent with, this Contract’s workers compensation insurance requirements. If Contractor is self-insured for workers’ compensation, a copy of the “Certificate of Consent to Self-insure” from the State of California is required; or if Contractor is lawfully exempt from workers’ compensation laws, an “Affirmation of Exemption from Labor Code §3700” form is required.
D. Required Evidence of Builder’s Risk Coverage. City will provide a certificate of insurance and a declarations page on a form satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative. The policy terms must fully meet the requirements of, and contain provisions entirely consistent with, all of the insurance requirements set forth herein. The City shall be named as a loss payee on the insurance policy for the full replacement value of all buildings, structures, fixtures and materials to be constructed, maintained, repaired or supplied pursuant to this Contract.
E. Contractor agrees to monitor and review all such coverage and assumes all responsibility for
ensuring that all required coverage is provided. Contractor agrees to obtain certificates evidencing such coverage.
F. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City or any other indemnitee as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
G. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
H. Any “self-insured retention” must be declared and approved by City. City reserves the right to require the self-insured retention to be eliminated or replaced by a deductible. Self-funding, policy fronting or other mechanisms to avoid risk transfer are not acceptable. If Contractor has such a program, Contractor must fully disclose such program to City.
EXHIBIT 5
Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit
CITY OF VERNON
Public Works Department
Construction Stormwater Program
Permit Number: Date:
Applicant: Phone:
Project Address:
Property Owner:
Contractor:
Contractor’s Address:
The National Pollutant Discharge Elimination System (NPDES) is a portion of the Clean Water Act that applies to the protection of receiving waters. Under permits from the Los Angeles Regional Water Quality Control Board (RWQCB), certain activities are subject to RWQCB enforcement. To meet the standards of the Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watershed of Los Angeles County, Except those Discharges Originating from the City of Long Beach MS4 (CAS004001), the City of Vernon has adopted minimum standards for stormwater runoff from development construction activities.
These minimum standards require the implementation of an effective combination of erosion and sediment control Best Management Practices (BMPs) to prevent erosion and sediment loss, and the discharge of construction waste at each site. At a minimum, the construction activity associated with the construction project identified above shall be conducted in such a manner that:
Prevents illicit construction-related discharges of pollutants into the MS4 and receiving waters. Implements and maintains structural and non-structural BMPs to reduce pollutants in stormwater runoff from construction sites.
Reduces construction site discharges of pollutants to the MS4 to the maximum extent practicable. Prevents construction site discharges to the MS4 from causing or contributing to a violation of water quality standards.
Note: The Stormwater BMP Construction Handbook sheets developed by the California Stormwater Quality Association shall be used as guidance in determining and implementing required BMPs. The BMP sheets may be reviewed at the Public Works Department counter during regular business hours. A General Construction Permit shall be obtained and maintained for all construction sites one (1) acre or greater. Additional conditions may be required for these sites.
I have read and understand the requirements listed above and certify that I will comply with the minimum requirements above.
Signature:
Print Name:
Title:
Property Owner:
EXHIBIT A6
Statement of Intent to Comply with Minimum Requirements of the California Covid-19 Industry Guidance: Construction
CITY OF VERNON
Public Works Department
Project Address:
Property Owner:
Contractor:
Contractor’s Address:
The latest COVID-19 industry guidelines can be accessed at the following web address:
https://www.dir.ca.gov/dosh/coronavirus/Guidance-by-Industry.html This document provides guidance for the construction industry to support a safe, clean environment for workers. The guidance is not intended to revoke or repeal any worker rights, either statutory, regulatory or collectively bargained, and is not exhaustive, as it does not include county health orders, nor is it a substitute for any existing safety and health-related regulatory requirements such as those of Cal/OSHA.1 Stay current on changes to public health guidance and state/local orders, as the COVID-19 situation continues. Cal/OSHA has more safety and health guidance on their Cal/OSHA COVID-19 Infection Prevention for Construction 2 Employers and Workers webpage.
CDC has additional guidance for businesses and employers.
I have read and understand the requirements listed above and certify that I will comply with the minimum requirements above.
Signature: Date: ___________________
Print Name:
Title:
EXHIBIT B
SPECIAL PROVISIONS
SPECIFIC FOR THIS PROJECT
EXHIBIT B – SPECIAL PROVISIONS
SPECIFIC FOR THIS PROJECT
Citywide Street Tree Wells
Contract No.CS‐1456
Table of Contents
A. General .................................................................................................................................................. 119
1. Scope of Work .................................................................................................................................. 119
2. Contract Specifications .................................................................................................................... 119
3. Specifications ................................................................................................................................... 119
4. Length of Contract ........................................................................................................................... 119
5. Liquidated Damages......................................................................................................................... 119
6. Delays and Extensions of time ......................................................................................................... 119
7. Quality of Work ................................................................................................................................ 120
8. Unit Prices ........................................................................................................................................ 120
9. Extra Work ....................................................................................................................................... 120
10. Compliance with Laws, Regulations, and Safe Practices ................................................................. 120 B. Construction Phase Specifications ........................................................................................................ 121
1. Scheduling of Work .......................................................................................................................... 121
2. Material Submittals .......................................................................................................................... 121
3. Weather Limitations ........................................................................................................................ 121
4. Construction Hours .......................................................................................................................... 121
5. Traffic Requirements ....................................................................................................................... 122
6. Maintaining Existing Traffic Signal System ...................................................................................... 123
7. Notification of Affected Residents/Businesses ................................................................................ 123
8. Notification of Utilities ..................................................................................................................... 124
9. Protection of the Public ................................................................................................................... 124
10. Noise Restrictions ............................................................................................................................ 124
11. Construction Order of Work .......................................................................................................... 125
12. Character of Workers ..................................................................................................................... 125
13. Examination of Site ........................................................................................................................ 125
14. Mobilization ................................................................................................................................... 125
15. Dust Control ................................................................................................................................... 126
16. Best Management Practices (BMP’s) ............................................................................................. 126
17. Temporary Water Meter ................................................................................................................ 126
18. Cleaning of Site During Construction ............................................................................................. 126
19. Sanitary Facilities ........................................................................................................................... 126
20. Parkway Restoration ...................................................................................................................... 126
21. Root Shaving/Pruning .................................................................................................................... 127
22. Final Cleaning of Site and Restoration ........................................................................................... 127
23. Contractor Responsibility ............................................................................................................... 127 C. Material Specifications ........................................................................................................................ 127
1. Unclassified Excavation .................................................................................................................. 127
2. Saw‐cutting .................................................................................................................................... 127
3. Concrete Improvements ................................................................................................................ 128 a. General ........................................................................................................................................ 128 b. Concrete Sidewalk ....................................................................................................................... 128 c. Concrete Curb and Gutter ........................................................................................................... 128 d. Street Tree Wells ......................................................................................................................... 128 e. Concrete Joints and Keyways ...................................................................................................... 129
4. Full Depth Asphalt Removal ........................................................................................................... 129 a. General ........................................................................................................................................ 129 b. Subgrade and Surface Preparation ............................................................................................. 129
5. New Asphalt Concrete Paving ........................................................................................................ 129 a. General ........................................................................................................................................ 129 b. Latex Additive .............................................................................................................................. 130 c. Tack Coat Application.................................................................................................................. 130 d. Field Testing ................................................................................................................................ 131
A. General
1. Scope of Work
This project consists of the construction and installation of approximately one hundred and fifteen (115) Street Tree Wells along Soto Street and Fruitland Avenue in the City of Vernon per the attached Contract Sheet No. 01 (Plan Sheet) and City of Vernon’s Standards MV 1891 attached as Exhibit D.
2. Contract Specifications
The details and the exact limits for the asphalt and concrete work in this project are shown on the City Contract No.CS‐1456 sheet drawings, incorporated herein by this reference:
Sheet No. Plan
No.
Description
1 D2786 Citywide Street Tree Wells at Soto
Street and Fruitland Avenue
3. Specifications
Installation and payment for all the work shall conform to the Standard Specifications for Public Works Construction (2021 Edition), State of California Department of Transportation (Caltrans) Standard Plans and Standard Specifications (2018 Edition), California Manual on Uniform Traffic Control Devices (2009 Edition), and the City of Vernon Standard Plans.
The Standard Specifications for Public Works Construction (2021 Edition) shall be referred to hereafter as the Standard Specifications. The Caltrans Standard Plans (2018 Edition) shall be referred to hereafter as the Caltrans Standard Plans. The California Manual on Traffic Control Devices (2009 Edition) shall be referred hereafter as the “CA MUTCD”.
4. Length of Contract
All work in this project shall be completed within sixty (60) calendar days as specified in the Bidder's Proposal.
5. Liquidated Damages
In accordance with Section 6‐9 of the Standard Specifications, for each consecutive calendar day in excess of the time specified for completion of the work, as adjusted in accordance with Section 6‐9 of the Standard Specifications, the Contractor shall pay to the agency, or have withheld from monies due it, the sum of two hundred and fifty dollars ($250) per calendar day.
6. Delays and Extensions of time
The provisions of Section 6‐4 entitled "Delays and Extensions of Time" of the Standard Specifications shall apply except as modified and supplemented below.
The second paragraph of subsection 6‐4.1 is hereby deleted and the following paragraph shall be inserted in its place:
No extension of time will be granted for a delay caused by the inability of the Contractor to obtain materials, equipment and labor, except as authorized by the City's Project Manager. The length of contract time stipulated includes any time which may be required to obtain materials, equipment and labor, and the Contractor in submitting a bid shall be deemed to have ascertained the availability of materials, equipment and labor and considered same in his/her proposed construction schedule.
7. Quality of Work
The provisions of Section 3 entitled "Control of the Work" of the Standard Specifications shall apply. In addition, any work deemed unacceptable by the City's Project Manager, whether a cause is determined or not shall be repaired or replaced by the Contractor at his/her expense.
8. Unit Prices
All costs not covered by specific unit prices but required for a complete job in place, shall be included in the items most related to the work.
9. Extra Work
In the event the City and the Contractor are unable to negotiate an agreed price for extra work, which is acceptable to both parties, payment shall be made based on time and materials as follows:
Work by the Contractor: The following percentages shall be added to the Contractor's cost and shall constitute the markup for all overhead and profits:
1. Labor 33%
2. Materials 15%
3. Equipment Rental 15%
4. Other Items and Expenditures 15%
Work by the Subcontractor: When all or any part of the extra work is performed by a subcontractor, the markup provided by the Contractor as mentioned above shall apply to the subcontractor’s actual costs. A markup of 5% of the subcontracted portion of each extra work may be added for the Contractor.
10. Compliance with Laws, Regulations, and Safe Practices The Contractor shall perform all work in a safe, competent manner and in accordance with all federal, state, and local statues, regulations, ordinances, rules, and governmental orders. The Contractor will be solely and completely responsible for the conditions of the job site, including safety of all persons and property during performance of the work. This requirement will apply
continuously and not be limited to normal working hours. Inspection of the Contractor's performance by the City, its agents, or employees is not intended to include review of the adequacy of the Contractor's safety measures in or near the job site.
B. Construction Phase Specifications
1. Scheduling of Work
The Contractor shall submit his/her work schedule to the City's Project Manager prior to the pre‐ construction meeting. The construction schedule shall show the sequence of work, critical path and estimated time for completion of each segment of work. This schedule must be reviewed and accepted by the City's Project Manager before the Contractor will be permitted to begin work. In addition, the Contractor shall submit a detailed schedule forecasting two weeks of work describing each day’s work. This schedule shall be updated and submitted to the City every other Monday during the construction period. The Contractor shall give 48 hours’ notice to the City's Project Manager prior to the start of the work.
2. Material Submittals
The Contractor shall provide all required submittals including, but not limited to the following:
Shop drawings
Materials and mix designs (submitted upon reward of the contract for review and approval before the construction); and
Truncated domes.
The “Notice to Proceed” will not be issued to the Contractor until all the submittals have been reviewed and approved by the City.
3. Weather Limitations
Placement operations shall not be performed during wet conditions or if rain or cold conditions (less than 45°F) are imminent or predicted to exist at any time. “Imminent or predicted” is defined as being forecasted within a 48‐hour period on the National Weather Service Web Site http://www.wrh.noaa.gov for the most representative and nearest location listed where placement is to begin and end.
4. Construction Hours
Work shall occur Monday‐Thursday between the hours of 7:00 am to 4:00 pm unless otherwise restricted by the type of work shown below:
Asphalt work that requires a half or full street closure shall occur on Saturday and Sunday between the hours of 6:00 am to 5:00 pm.
5. Traffic Requirements
Before any partial or total closure of any street, the Contractor shall be required to obtain the approval of the City's Project Manager.
The Contractor shall comply with Sections 600 and 601 of the Standard Specifications and provide safe and continuous passage for pedestrian and vehicular traffic at all times. The Contractor shall provide and maintain all necessary flagmen, barricades, delineators, signs, flashers and any other safety equipment as set forth in the latest publication of the State of California, Division of Highways, Traffic Manual or as required by the City's Project Manager to ensure safe passage of traffic.
The following provisions shall apply unless otherwise directed by the City's Project Manager. The traffic control shall be in accordance with the California Manual of Temporary Traffic Controls (CA MUTCD, latest edition) handbook.
The Contractor shall submit traffic channelization and detour plans to the City's Project Manager for approval at least fourteen (14) working days prior to commencement of work. Traffic control plans (previously approved by the City's Project Manager) shall be maintained within the construction zone for the duration of the construction. Traffic Control Work shall include all labor, materials, tools, equipment, transportation and incidentals necessary to maintain and control all vehicular and pedestrian traffic through the construction site. The cost of furnishing and maintaining traffic control during the construction including flagmen as necessary must be included in the various bid items, and no extra compensation will be paid to the Contractor. In addition to the requirements of the "CA MUTCD" handbook, the City's Project Manager may require fifteen (15) foot wide travel lanes, flatter traffic tapers, additional traffic control devices, barricading, and other signing in order to ensure driver awareness and safety in the construction area. Further, the Contractor shall provide Type II or Type III barricades with flashers and delineators at locations as determined by the City's Project Manager.
Construction hours shall be pursuant to Section B4. Monday‐Thursday; Contractor shall maintain at least one (1) through lane of traffic in each direction during the hours of 6:00 am ‐ 8: 00 am and 4:00 pm – 6:00 pm each day.
The Contractor shall provide access to local businesses at all times unless otherwise approved by the City's Project Manager. This may include providing steel plates at some driveway approaches. Message boards shall be used for pre‐construction warnings, lane closure/detour areas, and placed fourteen (14) calendar days in advance of the
closure/detour.
The posting of "NO PARKING" signs within the construction limits is permitted with the approval of the City Engineer. "NO PARKING" signs shall contain a "TOW AWAY" warning.
These signs shall be furnished and maintained by the Contractor and shall be of the type approved by the City's Project Manager. Each sign posted shall have the date and time indicating the duration of the "NO PARKING" prohibition printed clearly in a manner acceptable to the City's Project Manager. New signs shall be posted when changes occur in the parking prohibitions indicated on the previously posted signs. Signs must be posted at least seventy‐two (72) hours in advance of construction or they are invalid. Signs shall not be attached to trees or taped to street light or traffic signal poles. Contractor shall only post "NO PARKING SIGNS" on one side of the street at a time unless otherwise approved by the City's Project Manager. The signs shall be effective for no more than five (5) working days and shall be removed within twenty‐four (24) hours after the work is complete. If signs are not removed in a timely manner, the City's Project Manager may suspend all work until the signage requirement is corrected. All signs, lights and other warning devices used shall be in accordance with State of California Business and Transportation City Department of Public Works Manual of Warning Signs, Lights and Devices for Use in Performance of Work upon Highways.
6. Maintaining Existing Traffic Signal System
In accordance with Sections 701‐4 and 701‐5.3 of the Standard Specifications, the existing traffic signals shall be in operation at all times.
7. Notification of Affected Residents/Businesses
The Contractor shall be responsible for distribution of the general information letter of the project to all affected residents and businesses. A project general information letter and sufficient copies thereof will be prepared by City staff for Contractor distribution to all residents, business establishments, and institutions fronting on or directly affected by the project.
The Contractor shall be responsible for distribution of said letter in handout form to all the appropriate residences and buildings in the subject area. Distribution shall be accomplished in a manner acceptable to the City's Project Manager and shall be five (5) working days prior to the beginning of construction operations in the immediate vicinity.
In addition to the above, the Contractor shall be fully responsible for such other notifications as may be required related to necessary closures of streets, alleys, driveways, etc., or to unavoidable access or parking restrictions. These notifications shall apply where the closures and access or parking restrictions required in the performance of any work under this contract preclude any resident, tenant, or property owner from utilizing the premises or conducting business thereon in a reasonable and customary manner.
Additional notification to the affected businesses and residents shall be prepared by the City and distributed by the Contractor for roadway and driveway closures five (5) working days in advance of any construction work. No removal or excavation work is allowed until the additional notification has been distributed to the affected residents and businesses. If a Contractor is unable to adhere to his/her schedule as indicated on his/her written notification, then all the affected residents and places of business shall be re‐notified of the revised schedule, in writing, as indicated above. Contractor costs for all of the above notifications shall be considered as included in the appropriate items of the Bid Proposal.
8. Notification of Utilities
The provisions of Section 402 entitled "Utilities" of the Standard Specifications shall apply. The Contractor shall contact the Underground Service Alert of Southern California (U.S.A.) at least three (3) working days in advance of the construction work.
9. Protection of the Public
The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from danger, loss of life, loss of property or interruption of public services. Unforeseen conditions may arise which will require that immediate provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of work under the contract. Whenever, in the opinion of the City's Project Manager, a condition exists in which the Contractor has not taken sufficient precaution of public safety, protection of utilities, and/or protection of adjacent structures or property, the City's Project Manager will order the Contractor to provide a remedy for the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the City's Project Manager, or in the event of an emergency situation, the City's Project Manager may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the City's Project Manager, may seem reasonable and necessary. The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to the Contractor.
10. Noise Restrictions
The Contractor may not operate certain power equipment, within a residential area or within a radius of five hundred (500) feet from a residential area, except during the following times:
From 7:00 am to 4:00 pm, Monday through Thursday
From 6:00 am to 5:00 pm on Saturday and Sunday
In addition, the noise level from the Contractor's operations shall not exceed eighty‐five (85) dBA when measured within a one hundred (100) foot radius at any time.
11. Construction Order of Work
Work shall be scheduled so as to lessen the impact upon businesses. All construction shall conform to the latest edition of the Standard Specifications and shall proceed in a smooth, efficient, timely and continuous manner. As such, once construction is started in a work area, the Contractor will be required to work continuously in that work area until construction has been completed and the work area is open and accessible to both vehicular and pedestrian traffic in a manner approved by the City's Project Manager before the next stage of work will be allowed to begin.
Once construction is started in a work area, the Contractor shall not withdraw manpower or equipment from that work area in order to start construction in another work area if doing so, in the opinion of the City's Project Manager, delays the completion of the work presently under construction.
The Contractor shall maintain continuous access to all residents and businesses within the project limits, including drive approaches, unless the Contractor has obtained the approval of the City's Project Manager to close either such access or drive approach.
No stockpiling of material and construction equipment on public streets or sidewalks will be permitted on this project unless approved by the City's Project Manager. Material and equipment placed on public streets, sidewalks and on the construction areas shall be used the same day.
12. Character of Workers
If any subcontractor or person employed by the Contractor shall fail or refuse to carry out directions of the City’s Project Manager or shall appear to the City's Project Manager to be incompetent or act in a disorderly or otherwise improper manner, he/she shall be immediately discharged from the project on the request of the City's Project Manager, and such person shall not be reemployed on the work. If said individual has an ownership interest in the contracting entity, the City's Project Manager will serve written notice upon the Contractor and the Surety providing the faithful performance bond, in accordance with Section 6‐8, "Termination of the Contractor by Default" of the Standard Specifications, demanding complete and satisfactory compliance with the Contract.
13. Examination of Site
The Contractor is required to examine the site and judge for themselves the location. Physical conditions, substructures and surroundings of the proposed work.
14. Mobilization
The cost of all preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the project site must be included in the various bid items, and no extra compensation will be paid to the Contractor.
15. Dust Control
Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall abate dust nuisance by cleaning, sweeping and sprinkling water, or other means as necessary when requested by the City. Failure of the Contractor to comply with the City's Project Manager cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation or extension of contract completion time will be allowed as a result of such suspension. The cost of furnishing and operating dust control during the construction project shall be included in the various bid items, and no extra compensation will be paid to the Contractor.
16. Best Management Practices (BMP’s)
The Contractor shall submit a copy of their Best Management Practices (BMPs) to the City Engineer for review ten (10) days prior to the beginning of any work.
The Contractor is hereby notified that specific construction practices in the Standard Specifications, Section 3‐12.6.2, “Best Management Practices (BMPs)” are considered to be Best Management Practices. The Contractor shall implement and maintain such BMP’s as are relevant to the work, and as are specifically required by the Plans or Special Provisions. The Contractor shall not commence activity until the BMP submittal has been reviewed and approved.
17. Temporary Water Meter
If necessary, the Contractor shall obtain a temporary water meter from the City of Vernon Water Department by placing a deposit of $1,000. Contractor shall pay for all water used. Contractor shall not relocate the service. The Contractor shall call the City of Vernon Water Department to relocate the service and will be charged fifty dollars ($50.00) for each relocation.
18. Cleaning of Site During Construction
During construction, all existing improvements, including pavement, sidewalk, curb and gutter, adjacent to the work area shall be swept free from soils, gravel, dirt or debris on a daily basis.
The Contractor is responsible for maintaining all sidewalk, curb and gutter areas within the construction zone free from loose materials at all times.
19. Sanitary Facilities
The Contractor shall furnish and maintain sufficient sanitary facilities by the worksites for the entire duration of construction activities. The cost of furnishing and maintaining sufficient sanitary facilities shall be included in the various bid items, and no extra compensation will be paid to the Contractor.
20. Parkway Restoration
Parkway and lawn areas disturbed by construction and/or root removal operations shall be backfilled with material approved by the City's Project Manager, mechanically compacted to 90% of optimum density, and graded to join the adjacent improvements and parkway lawn areas. The parkway and lawn area shall be restored by sodding in accordance with Section 801‐4.8 of the
Standard Specifications, and the irrigation system to match the adjacent parkway area. The payment for this work shall be included in the most appropriately related bid item.
21. Root Shaving/Pruning
Where the sidewalk has been raised by an existing tree, interfering roots shall be shaved per the City's Project Manager direction. The shaving of the roots will be paid under the appropriate bid item. The cost of shaving the tree roots and backfilling with clean soil shall be included in the Prune/Root Shave bid unit price and no additional compensation shall be made to the Contractor therefor.
22. Final Cleaning of Site and Restoration
The Contractor shall be responsible for cleaning and restoration of all damaged existing improvements such as sidewalk, driveway, curb and gutter, and private property at no cost to the City. The Contractor shall remove all loose aggregates by sweeping all the sidewalks and gutters. The cost of furnishing and operating such sweeping after the construction of the project must be included in the various bid items, and no extra compensation will be paid to the Contractor.
23. Contractor Responsibility
The Contractor shall be responsible for the final product and shall make any quality control, adjustments and corrections necessary to obtain the final product accepted by the City's Project Manager. The Contractor shall perform process and quality control sampling and testing and exercise management control the work of his/her subcontractors, technicians and workers to ensure that the milling, transporting, spreading, compaction, and finishing processes conform to these Specifications. The City's Project Manager shall have unrestricted access to the laboratory, sampling, testing sites, and all information resulting from mix design and quality control activities.
All Quality Control testing results shall be submitted to the City's Project Manager on a daily basis.
C. Material Specifications
1. Unclassified Excavation
This section shall conform to Section 300‐2 of the Standard Specifications and these Special Provisions. The cost for unclassified excavation shall be included in the unclassified excavation bid item unit price and no additional compensation to the Contractor shall be made therefor. Cost for unclassified fill if any, re‐grading and re‐compaction shall be included in the unit price paid for the unclassified excavation for the said areas and no additional payment will be allowed therefor.
2. Saw‐cutting
A concrete saw shall, where practicable, be used to neatly saw the edge of all existing concrete sidewalk, curb, gutter, and/or drive apron to be removed. The residue resulting from the saw‐ cutting operations shall not be permitted to flow beyond the specific work location and shall be vacuumed concurrently with the operation.
Payment for saw‐cutting concrete and asphalt pavement, concrete spandrel, drive aprons, curb, gutter or sidewalk shall be included in the unit bid prices of the various related items as specified in the Bidder's Proposal and no additional compensation for this work shall be made therefor. All work shall conform to applicable provisions of the Standard Specifications.
3. Concrete Improvements
a. General
The construction of concrete improvements shall consist of removal and disposal of concrete, asphalt concrete pavement, debris, native soil, and construction of concrete curb ramps and sidewalks according to the City of Vernon Plans. All concrete work shall be formed according to City of Vernon Standards. No wild pouring allowed. All concrete classifications are according to Standard Specification, Section 201. b. Concrete Sidewalk
Concrete sidewalk and walkway shall be constructed according to the City of Vernon Standard Plan No. PV582. Saw‐cut, removal, and dispose existing concrete, asphalt concrete, and/or soil to nearest score line or as painted by the City's Project Manager.
Sidewalk shall be measured and paid under the concrete sidewalk unit bid item including subgrade preparations, forming, finishing, and all incidentals. The cost for the removal and replacement of the concrete sidewalk shall be included in the sidewalk bid item unit price and no additional compensation to the Contractor shall be made therefor. The locations of the sidewalk replacement areas are shown on the Contract plans. The Contractor shall meet with the City's Project Manager to confirm all sidewalk replacement locations before any demolition takes place.
c. Concrete Curb and Gutter
Concrete Curb and Gutter shall be constructed according to the City of Vernon Standard Plan No. PV582. New concrete curb & gutter shall be doweled with #4 rebar into existing concrete curb & gutter when length is less than 25’. Unless otherwise indicated on plans or instructed by the City's Project Manager, the concrete curb face shall be 8” high and the gutter shall be 2’ wide. The cost for the removal & repaving of the 2’wide asphalt pavement depth along the removed concrete curb or gutter for forming shall be included in the various bid items and no extra compensation will be paid to the Contractor. d. Street Tree Wells
The street tree well including tree well appurtenances, curb inlet and local depression shall be constructed according to the City of Vernon’s Standards MV 1891. The City shall mark the location and limits of each tree well in the field and the Contractor shall verify that the street conditions will satisfy with required grades. The contractor shall verify the required work to complete each new tree well including but limited to the cost of the removal, disposal, planting of tree, construction of curb inlet, local depression, sidewalk and installation of tree grate. The cost of the grate frame, backfill, re‐compaction, tree and all
of the above work for the proposed tree well shall be included in the street tree well unit bid price and no additional compensation to the Contractor shall be made therefor. e. Concrete Joints and Keyways
Longitudinal joints shall coincide with traffic lanes unless otherwise approved by the City's Project Manager. Construction of keyways and tie bars shall be per the Standard Plan for Public Works Construction Standard Plan No. 134‐3 and placed at every cold joint in the concrete slab/pavement or as directed by the City's Project Manager.
4. Full Depth Asphalt Removal
a. General
Shall be in accordance with Section 401‐2 of the Standard Specifications. Contractor shall remove entire asphalt section without disturbing or introducing any subgrade materials to the asphalt millings.
b. Subgrade and Surface Preparation
Prior to placing new pavement the subgrade soils/base shall be properly prepared, moisture treated and compacted to a minimum of 95 percent relative compaction based upon ASTM D 1557 so as to create an evenly graded, unyielding surface. If the new pavement is to be placed on an existing milled pavement surface it shall be verified that the milled surface is firm and unyielding and there are no subgrade failure areas beneath the milled surface that might compromise the integrity of the new pavement. When new pavement is placed on a milled surface or adjacent to structures such as curbs, concrete gutters, planters, etc.; these contact surfaces shall be swept of all loose material to create a dry clean surface. A tack coat of SS‐1h emulsion, emulsified recycling agent or equivalent (0.05 gallon per square yard minimum) shall be applied to all surface areas prior to placing the new pavement. New pavement is not recommended as a direct overlay on existing asphalt pavement without first milling the underlying pavement to aid in bonding and to prevent slippage.
5. New Asphalt Concrete Paving
a. General
Asphalt concrete base paving material for this project shall be Class C2 PG 70‐10 per the specifications below. The asphalt concrete material shall include the following:
Fractured faces of crushed rock shall conform to Standard Specifications 200‐1.2. Recycled Asphalt Concrete shall not be allowed in new asphalt concrete mix. Minimum air void shall be 4% per Standard Specifications 203‐6.4.4.
The Contractor shall inform the City of the name and location of the asphalt plant that will furnish asphalt concrete to the job sites. The City will schedule plant inspection on paving days for quality control. The City will reject asphalt concrete load shipments from any other plants.
The Contractor shall establish designated asphalt truck routes and staging areas and shall communicate these routes and areas to truck drivers prior to the arrival at the job site. The City shall approve this plan five (5) days prior to paving.
The Contractor shall place diesel fuel on top of all manholes, valves and monument covers immediately before the final asphalt pavement overlay. Feather join edges shall be made along straight lines by hand raking out all heavy aggregates prior to rolling to produce a smooth uniform surface. Compacted edge along gutter shall be flush.
No traffic shall be allowed on paved surfaces for a minimum of two hours after paving unless approved by the City. Contractor shall remove all tracked asphalt materials from concrete surfaces. No asphalt trucks shall utilize existing driveways for turn around.
Paving operations at the end of each day or night shall leave no joints parallel to the direction of traffic. Joints perpendicular to the direction of traffic shall be ramped with temporary asphalt concrete. The ramping shall be removed prior to paving. b. Latex Additive
This work shall consist of adding a 2% latex rubber additive to the asphalt concrete mix for the final two inches (2") thick surface overlay shall be Class C2‐PG 70‐10 in accordance with the following provisions and the Standard Specifications Section 302‐5:
Latex rubber shall be water based emulsified suspension of Styrene/Butadiene Rubber in liquid form.
Latex rubber, amounting to two percent (2%) by weight of the asphalt cement, shall be added at the pug mill with the asphalt cement during the mixing cycle. The Contractor shall submit the mix design to the City's Project Manager for approval prior to use.
Latex rubber may be added to the mixture in any method that will assure uniform distribution, accurate measurement of quantity of latex introduced. The latex shall be introduced to the mix at the same time as the introduction of asphalt. The wet mixing cycle shall be fifty (50) seconds.
Payment for Latex Rubber additive shall be included in the unit price for Asphalt Concrete Pavement with Latex and no extra compensation will be paid to the Contractor. c. Tack Coat Application
A tack coat of SS‐1h shall be applied at the rate of 0.10 gallons per square yard to all uniform thickness cold planed areas. The surface shall be free of water, foreign material, or dust when the tack coat is applied. A similar tack coat shall be applied to the surface of any course, if the surface is such that a satisfactory bond cannot be obtained between it and a succeeding course. The cost of furnishing and applying tack coat SS‐1h must be
included in the paving operation, and no extra compensation will be paid to the Contractor.
The Contractor shall make all necessary efforts to minimize the tracking of the fresh oil on the existing improvements such as sidewalks, driveways, curb and gutters, private property, etc. Under no circumstance will the tack‐coat truck spray the roadway more than 200 feet ahead of the paving machine. No trucks shall utilize existing driveways for turn around. All maneuvering shall take place on the streets. Contractor will be responsible for such cleaning and restoration as needed.
d. Field Testing
The crushed miscellaneous base material shall be compacted to a relative compaction of ninety‐five percent (95%). All trenches and sub‐grade below six inches (6") shall be compacted to a relative compaction of ninety percent (90%).
The asphalt concrete pavement compaction after rolling shall also be ninety‐five percent (95%). The City shall test for the field density of the compacted asphalt concrete by using a properly calibrated nuclear asphalt‐testing device.
The Contractor shall notify the City 48 hours in advance when to schedule field relative compaction tests. Failed compaction test areas shall be immediately removed and replaced at Contractor’s expense.
N. T. S
VICINITY MAP
GENERAL CONSTRUCTION NOTES:
CITY OF VERNON
PUBLIC WORKS DEPARTMENT
CITYWIDE STREET TREE WELLS
CONTRACT NO. CS-1456
VERNON STANDARDS
STANDARD SYMBOLS CITYWIDE STREET TREE WELLS , CITY CONTRACT NO. CS-1456
CITYWIDE STREET TREE WELLS
STREET CONSTRUCTION NOTES:
ADDITIONAL NOTES:
EXHIBIT C
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities.
B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age.
C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class.
D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.
E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law.
EXHIBIT D
CITY STANDARD PLANS
SPECIFIC FOR THIS PROJECT
MV 1891
STANDARD TREE
PLANTING
REVISIONS
MV 1891
STANDARD TREE
PLANTING
REVISIONS
NOTICE INVITING BIDS
for
Citywide Street Tree Wells, City Contract No. CS-1456
in the
City of Vernon, California
Bids are to be signed and submitted in TRIPLICATE. ONE ORIGINAL AND TWO COPIES of sealed bids must be received prior to 2:00 p.m., on 6HSWHPEHU, 2022, by the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058, (“Bid Deadline”).
All bids shall be enclosed in sealed envelopes, distinctly marked “Bid” with the title of the bid and the bidder’s name address appearing on the outside.
Bids should be mailed or delivered in person before 2:00 p.m. on the Bid Deadline. LATE SUBMITTALS WILL NOT BE ACCEPTED. Bids must be received in the City Clerk’s Office before that time. Bids will be opened in the City Clerk’s Office at 2:00 p.m., on 6HSWHPEHU, 2022. At the bid opening, the City Clerk shall open bid packages and acknowledge the receipt of Bids. Once all bid packages are opened and announced, the Bid Forms will be made available for public review.
The bids shall be clearly titled. Copies of the Bid Documents, Plans and Specifications are available at no charge at cityofvernon.org.planetbids
Pre-Bid Meeting:
A pre-bid meeting to answer any questions regarding the project plans and specifications is scheduled for 6HSWHPEHU, 2022 at 10:00 am in the Public Works Department, 4305 Santa Fe Avenue, Vernon, California. This meeting is to answer any questions regarding the project plans and specifications.
Attendees must adhere to the State and local guidelines regarding COVID-19, including applicable industry guidelines for construction sites. Attendance is not mandatory.
City of Vernon Contact Person: Public Works Department
Attention: Lissette Melendez, Project Engineer
Phone: (323) 583-8811 ext. 246
Email: [email protected]
Attention: Andrew Eguia, Engineering Aide
Phone: (323) 583-8811 ext. 294
Email: [email protected]
Mandatory Qualifications for Bidder and Designated Subcontractors:
A Bid may be rejected as non-responsive if the Bidder fails to meet the essential requirements for qualification.
General Scope of Work:
Contractor shall furnish labor, materials, equipment, services, and specialized skills to perform work involved in the Project. The Work in the Bid is defined in the Project Drawings and Specifications and will generally include the following:
The project consists of the construction and installation of Street Tree Wells per the Contract Sheet No. 01 (Plan Sheet) attached to the Special Provisions and City of Vernon’s Standards MV 1891 attached as Exhibit D.
The work shall be done in accordance with City Contract No. CS-1456. In the event of any conflicts, refer to the Procedure of Contract Documents” contained in General Conditions, Section 1.10.
Mandatory Qualifications for Bidder and Designated Subcontractors:
A Bid may be rejected as non-responsive if the Bid fails to document that Bidder meets the essential requirements for qualification. As part of the Bidder’s Statement of Qualifications, each Bid must establish that:
Bidder satisfactorily completed at least three (3) prevailing wage public contracts in California; each comparable in scope and scale to this Project, within three (3) years prior to the Bid Deadline and with a dollar value in excess of the Bid submitted for this Project.
Other Bidding Information:
1. Contract Time: This Work must be completed within 60 calendar days from the date of commencement as established by the City’s written Notice to Proceed.
2. Amount of Liquidated Damages: $250 per calendar day.
3. Bidding Documents. Bids must be made on the Proposal Form contained herein.
4. Engineer’s Estimate. An Engineer’s Estimate of the cost of construction of this Work has been prepared. Said estimate is in the range of $650,000 to $700,000.
5. Acceptance or Rejection of Bids. The City reserves the right to reject any and all bids, to award all or any individual part/item of the bid, and to waive any informalities, irregularities or technical defects in such bids and determine the lowest responsible bidder, whichever may be in the best interests of the City. No late bids will be accepted, nor will any oral, facsimile or electronic bids be accepted by the City.
6. Contractor’s License. At the time of the Bid Deadline and at all times during performance of the Work, including full completion of all corrective work during the Correction Period, Contractor must possess a California contractor’s license or licenses, current and active,
of the classification required for the Work, in accordance with the provisions of Chapter 9, Division 3, Section 7000 et seq. of the Business and Professions Code. In compliance with Public Contract Code Section 3300, the City has determined that the Bidder must possess the following license(s): Class A, General Engineering Contractor License from the California License Board. The Bidder will not receive a Contract award if at the time of submitting the bid, the Bidder is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active. If the City discovers at the time of the Bid Deadline that Contractor is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active, the City may reject the Bid, cancel the award, declare the Bid Bond as forfeited, keep the Bid Bond’s proceeds, and exercise any one or more of the remedies in the Contract Documents in addition to those provided by law.
7. Subcontractors’ Licenses and Listing. Bidders must list each Subcontractor whom the Bidder must disclose under Public Contract Code Section 4104 (Subcontractor Listing Law), and the Bidder must provide all of the Subcontractor information that Section 4104 requires (name, address, license number, and portion of the Work). An inadvertent error in the license number will not be considered nonresponsive if it is corrected within 24 hours after the bid opening. In addition, the City requires the Bidder to list the dollar value of each Subcontractor’s labor or services. The City reserves the right to review and disqualify any proposed Subcontractor. The City’s disqualification of a Subcontractor does not disqualify a Bidder. In such case, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor— without an adjustment of the Bid Amount. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor’s license must be current and active for the portion of the Work listed and shall hold all specialty certifications required for such Work.
8. Permits, Inspections, Plan Checks, Governmental Approvals, Utility Fees and Similar Authorizations.
Unless specified otherwise, all Governmental Approvals and Utility Fees shall be obtained and paid for by Contractor and will be reimbursed based on Contractor’s actual direct cost without markup.
9. Bid Forms and Security: Each Bid must be made on the Bid Forms obtainable at the Public Works Department. Each Bid shall be accompanied by a cashier’s check or certified check drawn on a solvent bank, payable to “City of Vernon,” for an amount equal to ten percent (10%) of the total maximum amount of the Bid. Alternatively, a satisfactory corporate surety Bid Bond for an amount equal to ten percent (10%) of the total maximum amount of the Bid may accompany the Bid. Said security shall serve as a guarantee that the successful Bidder will, within fifteen (15) calendar days after the date of the award of the contract, enter into a valid contract with the City for said Work in accordance with the Contract Documents.
12. Bid Irrevocability. Bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline.
13. Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of securities for withheld funds is permitted in accordance therewith.
14. Prevailing Wages. This Project is a “public work” as defined in California Labor Code Section 1720. Contractor awarded this Contract and all Subcontractors of any tier shall not pay
less than the minimum prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Work. The Director of Industrial Relations of the State of California, pursuant to the California Labor Code, and the rates determined by the California Director of Industrial Relations are available online at www.dir.ca.gov/DLSR/PWD/.
15. Payroll Records. Pursuant to SB 854, Contractor and any Subcontractors shall furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement).
16. Registration with the Department of Industrial Relations (DIR). No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the DIR.
Carlos Fandino
City Administrator
Dated: ___________ (Approved as to form by the City Attorney’s Office) Published: _______
City of Vernon
Instructions for Bidders
Project: Citywide Street Tree Wells, Contract No. CS-1456 for the Department of Public Works
City personnel with whom prospective bidders will deal with are:
Lissette Melendez, Project Engineer, Public Works Department, 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 Ext. 246.
Andrew Eguia, Engineering Aide, Public Works Department, 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 Ext. 294.
Bid opening date and time: 6HSWHPEHU, 2022, at 2:00 p.m.(“Bid Deadline”) Bids will be received and opened at the Office of the City Clerk, 4305 Santa Fe Avenue, Vernon, CA 90058
The bid must be received by the City Clerk prior to the time set for bid opening. A bid received by the City Clerk after the time set for the bid opening is a non-responsive bid and shall not be considered.
GENERAL BID REQUIREMENTS
To be considered, a bidder must strictly follow the format for bids in the specifications. Bids must be binding and firm. Any bids may be withdrawn before bid opening, but bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline.
1. CONTRACTORS LICENSE
The Bidder must possess a valid State of California Contractors License and must list type in the classification(s) specified in the Notice Inviting Bids at the time of the Bid Deadline and at all times during the performance of the Work, except as otherwise provided in California Business and Professions Code Section 7028.15.
2. INTERPRETATION OF BIDDING DOCUMENTS, SPECIFICATIONS AND
ADDENDA
A. If any Bidder contemplating submitting a Bid is in doubt as to the true meaning of any part of the Bidding Documents, or who finds discrepancies, errors or omissions therein or who finds variances in any of the Bidding Documents with applicable law, such Bidder shall at once submit a written request for an interpretation or correction thereof to the City’s representative identified in the Notice Inviting Bids, or other designated individual. All Bidders shall submit such written requests to City not less than ten (10) calendar days prior to the Bid Deadline. The person or entity submitting the request shall be responsible for its prompt delivery to City’s Contact Person identified in the Notice Inviting Bids.
Any interpretation or correction will be made only by Addendum issued by the City and a copy of such Addendum will be delivered to all Interested Bidders of record.
Any Addenda so issued must be acknowledged in the Bid and the cost of performing Work described in the Addenda shall be included in the Bid. Bidder’s failure to acknowledge receipt of all Addenda may result in rejection of the Bid as nonresponsive. No person is authorized to render an oral interpretation or correction of any Bidding Documents and no Bidder may rely on any such oral interpretation or correction issued by the City. The City shall not be responsible for any other explanation or interpretation of the Drawings or Specifications, or for any oral instructions. City reserves the right to extend the Bid Deadline by issuing an Addendum to Interested Bidders no later than 72 hours prior to the Bid Deadline.
Bidders shall use complete sets of Bidding Documents in preparing Bids; City shall not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.
B. Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued and the Bidder shall acknowledge their receipt in the Bid.
3. OBTAINING DRAWINGS AND DOCUMENTS
Bidder may secure Bidding Documents only from the location specified in the Notice Inviting Bids. City will maintain a list of persons who obtained a copy of these Specifications (“Interested Bidders”). Only Interested Bidders will receive Addenda, if so issued.
4. BID FORMS – SUBMITTAL
A. The Bids shall be made on the forms provided herein with all blank spaces properly filled in.
B. The phraseology shall not be changed, and no additions shall be made to the items mentioned herein. Unauthorized conditions, exemptions, limitations, or provisions attached to a Bid will render it informal and may cause its rejection. All forms requiring specific information shall be completed with all applicable information for a Bid to be considered responsive.
C. Include all Bid Forms, properly executed, and intact on forms provided. Enclose the Bid Forms in a sealed envelope; type or print on the envelope "BIDS for" followed by the title and Specification Number and the date and time of the Bid Deadline, and the Bidder's name and address. The envelope may be mailed, hand delivered, or delivered by courier or package delivery service.
D. One Original Bid and two copies shall be hand delivered, delivered by courier or package delivery service to the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058.
E. Bids received after the Bid Deadline or at any place other than the Office of the City Clerk will not be considered.
5. BID FORMS – AUTHORIZED SIGNATURES
A. The full name, business address, zip code, and business telephone number, with area code of the individual, partnership, joint venture, or corporation submitting the Bid shall be typewritten or legibly printed on the Bid Forms. The Bidder shall sign the form with his/her usual wet ink signature.
B. Sole Proprietorship: An individual shall sign.
C. Partnership (General or Limited): A partner shall sign for a partnership; the partner shall give the names and addresses of all partners.
D. Corporation: An officer shall sign for a corporation. The corporate name must be attested by the corporate seal. The names and titles of the president and all officers of the corporation who are authorized to sign the Bid Forms must be listed in an authenticated Incumbency Certificate signed by the corporate secretary. A signature other than a corporate officer’s will be accepted only if an authenticated Incumbency Certificate is attached.
E. Joint Venture: Bidders shall use the appropriate section(s) listed above in B-D, based on their applicable situation.
6. BID FORMS – SCHEDULE OF BID PRICES
A. The Bidder shall include in his/her Bid price(s) any and all expense or costs that may be necessary to complete the project in accordance with the requirements of the Contract. The cost of all mobilization, preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the various project sites must be included in the various bid items, and no extra compensation will be paid to Contractor.
B. The Bidder shall state for each item on the Schedule of Bid Prices form, in clearly legible figures, the Base Bid, the alternates, and the unit price and item total or lump sum, as the case may be, for which he/she proposes to supply labor, materials, and equipment and to perform the Work. Bids must not contain any erasures, interlineations, strike-throughs or other corrections unless the same are suitably authenticated by affixing in the margin immediately opposite such erasure or correction the initials of the person(s) signing the Bid. If any Bid, or portion thereof, is determined by the City to be illegible, ambiguous or inconsistent, City may reject such a Bid as being non-responsive.
C. In the case of a unit price item, the amount set forth, as the item total shall be the product of the estimated quantity times the unit price Bid. In the event of a
discrepancy between the unit price Bid and the item total, the unit price shall prevail; however, if the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Where so indicated by the makeup of the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern.
D. All requested Alternates, if any, shall be Bid. See the Schedule of Bid Prices for more information and the list of Bid Alternates, if any. If no change in the Base Bid is required, enter “No Change.”
7. BID SECURITY
A. Each Bid shall be accompanied by cash or a cashier’s check or a certified check, drawn on a responsible bank doing business in the United States payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as a principal and a California admitted surety company (as defined by California Code of Civil Procedure §§995.120 and 995.311) as surety (“Bid Security”).
B. All bonds must be issued by a California admitted surety insurer with the minimum A.M Best Company Financial strength rating of “A:VII” or better. Bonds issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attorney.
C. Bid Security shall be in an amount not less than 10% of the Base Bid. Any Bid submitted without Bid Security will be rejected as non-responsive. The Bid Security shall be given as a guarantee that the successful Bidder will execute the Contract and will provide the insurance, bonds and other required forms within fourteen (14) calendar days after award of the Contract. Bidders will be entitled to return of Bid Security except when a successful Bidder forfeits its Bid Security. A forfeit may occur, for example, if the successful Bidder withdraws its Bid prior to the expiration of ninety (90) calendar days after award of the Contract; attempts to withdraw its Bid when the requirements of Public Contract Code § 5101 et seq. are not met; or refuses or fails to execute the Contract and provide the required bonds, insurance or certificates within fourteen (14) calendar days after award of the Contract. In any one or more of these events, if City awards the Contract for the Work to the next lowest responsible Bidder, the amount of the original lowest Bidder’s security shall be applied to the Contract Price differential between the
lowest Bid and the second lowest Bid. Any surplus will be returned to the original lowest Bidder. If the City rejects all other Bids presented and re-advertises, the lowest Bidder’s Bid Security may be used to offset the City’s cost of re-advertising and receiving new Bids. In that case, the surplus if any, will be returned to the original lowest Bidder.
D. The Bid Security shall be held for ninety (90) calendar days after the award of the Contract or until posting by the successful Bidder of the payment and performance bonds, proof of insurance, return of executed copies of the Contract and necessary certification(s), whichever first occurs, after which time the Bid Security will be returned to all Bidders.
E. If a Bid Bond is to be submitted, Bidder shall use the form entitled "Bid Bond" contained in the Bidding Documents, which Bid Bond shall be properly executed and acknowledged by the Bidder and by a corporate surety authorized to transact such business in the State of California.
F. Any alteration of said form of Bid Bond, or imperfection in the execution thereof, as herein required, will render it informal and may, at the option of the City, result in the rejection of the Bid under which the Bid Bond is submitted.
8. BIDDER'S AND SPECIALTY CONTRACTORS’ STATEMENTS OF
QUALIFICATIONS
A. Each Bidder shall be required to complete, execute and submit with its Bid, the form entitled "Bidder's Statement of Qualifications Notwithstanding the provisions of Paragraph 22 herein, the Bidder’s Statement of Qualifications shall not be public records. All information required by a Bidder’s or Specialty Contractor Statement of Qualifications shall be completely and fully provided. If no information is to be filled in a blank space, then write "none." Any Bid not accompanied by a Bidder’s Statement of Qualifications form completed with all information required may render the Bid non-responsive. If the City determines that any information provided by a Bidder in the Bidder’s Statement of Qualifications is false or misleading, or is incomplete so as to be false or misleading, the City may reject the Bid submitted by such Bidder as being non-responsive.
B. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the contract documents. In selecting the lowest responsible Bidder, consideration will be given not only to the Bidder’s financial standing but also to the general competency of the Bidder for the performance of the work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public buildings for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder’s experience with similar types of construction projects and facilities, conduct and performance under other
contracts, financial condition, reputation in the industry, and other factors which could affect the Bidder’s performance of the work.
9. DESIGNATION OF SUBCONTRACTORS
A. Subcontractor Listing. On the Designation of Subcontractors form, the Bidder shall list each Subcontractor whom the Bidder must disclose under the Subletting and Subcontracting Fair Practice Act, Public Contract Code Section 4104. The Bidder shall provide: each Subcontractor’s name, the trade and type of work that the Subcontractor will perform, the location (address) of the Subcontractor’s place of business, each Subcontractor’s license number, and the dollar value of each Subcontractor’s labor or services. If additive Alternate Bid Items are included in the Bidding Documents, the Bidder shall identify each Subcontractor performing additive Alternate Bid Items, when such Work or the combination of base Contract Work and Alternate Work exceeds one-half of one percent of the total Bid Amount.
B. Subcontractors’ Licenses. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor shall possess a current and active California Contractor’s license appropriate for the portion of the Work listed for such Subcontractor, and hold all specialty certifications required for such Work.
C. Disqualification of a Subcontractor. The City has the right to review the suitability and qualifications of any Subcontractor proposed by the Bidder. As part of this review, the City may request a Bidder to submit additional information about one or more of the listed Subcontractors including, but not limited to a statement detailing the Subcontractor’s experience with pertinent information as to similar projects and other evidence of the Subcontractor’s qualifications. If requested, the Bidder shall provide the information to the City within the time specified in the City’s written request. After due investigation, if the City has a reasonable objection to any proposed Subcontractor, the City may, before giving the notice of award, require the apparent successful Bidder to submit an acceptable substitute.
The City’s disqualification of a Subcontractor does not disqualify a Bidder.
However, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor without an adjustment of the Bid Price.
D. Work of Subcontractors. The organization or arrangement of the Specifications and Drawings do not limit the extent of the Work for the Contract Documents.
Accordingly, all Bidders are encouraged to disseminate all of the Specifications, Drawings and other Contract Documents to all persons or entities submitting subbids to the Bidder. The omission of any portion or item of Work from the Bid or from sub-bids, which is reasonably inferable from the Contract Documents, will not be a basis for adjustment of the Contract Price or the Contract Time.
E. Ineligible Subcontractors. The successful Bidder is prohibited from performing Work on the Project with any Subcontractor who is ineligible to perform work on
a public works project pursuant to California Labor Code Sections 1777.1 or 1777.7. In submitting its Bid, the Bidder certifies that it has investigated the eligibility of each and every listed Subcontractor and has determined that none is ineligible to perform work pursuant to the above code provisions.
10. CONTRACTOR’S AFFIDAVIT OF NON-COLLUSION
An Affidavit of Non-Collusion in the form provided by the City shall be signed under penalty of perjury, certifying that the Bid is not the result of and has not been influenced by collusion. Bidder shall submit this form with its Bid. Any Bid made without such affidavit, or believed to be made in violation of the requirements set forth in the affidavit form, may be rejected.
11. INSURANCE REQUIREMENTS
The Bidder shall submit to its insurance company or insurance agent the Insurance Requirements in this Specification and the Contract Documents. The insurance company’s underwriter or agent must complete the Insurance Requirements documentation which states that the insurer’s underwriter or agent will furnish the City with the required insurance documents within fourteen (14) days after the Bidder’s having been notified of the Contract’s award. The Bidder shall submit this form with its Bid. Any Bid made without this statement, or made with an incomplete statement, may be rejected.
12. EXAMINATION OF DRAWINGS, SPECIFICATIONS, AND SITE OF WORK A. The Bidder shall examine carefully the site of the Work contemplated and the Drawings and Specifications. The submission of a Bid will be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of Work to be performed and materials to be furnished, the difficulties to be encountered, and to the requirements of the Drawings, Specifications, and other Contract Documents. The Bidder shall ascertain the locations of the existing utility services, and other underground facilities, and provide for carrying out its operations so as to cause the minimum possible inconvenience to the occupants of properties along any streets affected. All Work and costs involved in the safeguarding of the properties of others shall be at the expense of the Bidder to whom the Contract may be awarded.
B. The Bidder hereby certifies that it has examined the local conditions, has read each and every clause of the Contract Documents, and that it has included all costs necessary to complete the specified Work in its Bid prices, and the Bidder agrees that if it is awarded the Contract, it will make no claim against the City based upon ignorance of local conditions or misunderstanding of any of the provisions of the Contract. Should the conditions turn out otherwise than the Bidder anticipated, the Bidder agrees to assume all risks incident thereto.
13. PRICES AND PAYMENTS
Approximate quantities listed in the Schedule of Bid Prices are estimates given for comparing Bids, and no claim shall be made against the City for excess or deficiency therein, actual or relative. Payment at the prices agreed upon will be in full for the completed Work and will cover materials, supplies, labor, tools, equipment, and all other expenditures incident to a satisfactory compliance with the Contract, subject to all applicable provisions in the Contract and General Conditions.
14. PERMIT FEES
(Optional) If provided in the General Conditions, Contractor shall be reimbursed for the actual direct cost of all Permit Fees, as defined in Paragraph 1.01 and addressed in 1.03 of the General Conditions. Bidder shall exclude the cost of Permit Fees from Bidder’s Base Bid sum; Base Bid sum shall include the cost of administration and coordination for all Governmental Approvals and Utility Fees.
15. SUBSTITUTIONS
No requests for substitution of any material, device, product, equipment, fixture, form, or type of construction shall be considered by City prior to award of the Contract. Bidders shall submit all requests for substitution and substantiating data, within fifteen (15) calendar days from the date of the Notice to Proceed. Bidder shall refer to the appropriate provisions of the General Conditions for additional information regarding substitutions.
Authorization of a substitution is solely within the discretion of the City.
16. RETURN OF IMPROPER BIDS
Bids submitted after the Bid Deadline are non-responsive and shall be returned to the Bidder unopened. Oral, telephonic, telegraphic, facsimile or electronically transmitted Bids shall not be considered unless the Notice Inviting Bids expressly permits such means of transmittal.
17. WITHDRAWAL OF BIDS
Bidder may withdraw its Bid either personally or by written request any time prior to the scheduled Bid Deadline by notice to the City’s Contact Person designated in the Notice Inviting Bids. If such notice is written, it shall be signed by the Bidder and shall be datestamped and time-stamped by the City upon receipt. Withdrawn Bids may be resubmitted before the Bid Deadline provided that they are in full conformance with these Instructions to Bidders. Once submitted, all Bids are irrevocable, except as otherwise provided by law.
Requests for withdrawal of Bids after the Bid Deadline shall be made only in accordance with California Public Contract Code § 5100, et seq. Bidder agrees by submitting a Bid that such Bid shall remain open, is irrevocable, and may not be modified, withdrawn, or cancelled for a period of ninety (90) days after award of the Contract.
18. OPENING AND EVALUATION OF BIDS
A. Bid Opening and Tabulation. The Bids shall be opened and read in public after
the Bid Deadline has expired at the time and location listed in the Notice Inviting Bids. A tabulation of all Bids received will be available for public inspection at the Office of the Public Works Department, 4305 Santa Fe Avenue, Vernon, CA 90058 during regular business hours for a period of not less than thirty (30) calendar days following the Bid Deadline. The City reserves the right to accept or reject any or all Bids and be the sole judge regarding the suitability of the products, services or supplies offered; and/or to waive any irregularities or informalities in any Bids or in the bidding process. The City further reserves the right to purchase all or fewer than all items or quantities of each item listed in the Bidding Documents. The award of the Contract, if made by the City, shall be to the lowest responsive and responsible Bidder. If Bid Alternate Items are called for, the lowest Bid shall be determined according to Paragraph 20 below.
B. Evaluation of Bids.
1. Mandatory Qualifications. A Bid shall be rejected as non-responsive if the Bidder fails to document in the Bid that Bidder meets the essential requirements for qualification described in the Notice Inviting Bids. As part of the Bidder’s Statement of Qualifications each Bidder must establish that it, as the current entity: (1) has successfully completed at least three (3) similar projects involving similar work within the last three (3) years with a cost equal to or in excess of the Bidder’s Bid; and (2) has successfully completed at least three (3) public works projects.
2. Responsive Bid. A responsive Bid is a Bid which conforms, in all material respects, to the Bidding Requirements and Contract Documents.
3. Responsible Bidder. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the Contract Documents.
4. Competency of Bidders. In selecting the lowest responsible Bidder, consideration will be given not only to the financial standing but also to the general competency of the Bidder for the performance of the Work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public works for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder’s experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, safety record and protocols and other factors which could affect the Bidder’s performance of the Work.
19. AWARD OF CONTRACT
The City reserves the right to reject any or all Bids and to waive any or all information or technical defects, as the interest of the City may require. Award of Contract or rejection of Bids will be made by the City within ninety (90) calendar days following the Bid Opening.
20. BASIS OF AWARD
A. A Contract will be awarded to the lowest responsive and responsible Bidder meeting all requirements set forth in these Bidding Documents.
The City will award the Contract based on the lowest Base Bid including all alternates.
B. City reserves the right in its sole discretion to select any, all, or none of the Bid Alternates at the time of award of the Contract, regardless of whether such Bid Alternates were used in the analysis to determine the lowest Bid.
21. EXECUTION OF CONTRACT
Within fourteen (14) calendar days after being notified by City that it has been awarded the Contract, Contractor shall deliver to the City the following documents:
A. One executed Contract in the form included herein, properly executed by Contractor and, if Contractor is a corporation, evidence of its corporate existence and that the persons signing the Contract are authorized to do so. All signatures must be notarized.
B. Properly executed copies of the (a) Performance Bond, (b) Labor and Material (Payment) Bond and (c) Maintenance Bond in accordance with the requirements set forth in Article 13 of the General Conditions and in the form shown on Exhibits 1, 2 and 3 attached thereto. All signatures must be notarized.
C. Properly executed policies of all of the following: (a) the Commercial General Liability Insurance, (b) the Automotive Liability Insurance, and (c) Professional Liability, if required, and (e) the corresponding endorsements for each policy in accordance with the requirements set forth in Article 12 of the General Conditions.
In the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday for the State of California, or on days when City Hall is closed, the aforesaid documents shall be delivered by the following working day.
After receipt of said documents within said time period or any extension thereof granted by the City, the City shall execute the Contract and return a fully executed copy to Contractor for its files.
22. PUBLIC RECORDS
City seeks to conduct its business openly. Except as set forth in paragraph 8.A., upon opening, all Bids shall become a matter of public record and shall be regarded as public, with the exception of those elements of each Bid that are identified by the Bidder and plainly marked as “trade secret,” “confidential,” or “proprietary,” including any Statement of Qualifications and financial statements to be submitted by Bidders. Each element of a Bid which a Bidder desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents, or other, non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If City receives a request from a third party to make a Bid available for inspection and copying, the City will notify the Bidder of the request. If a Bidder instructs the City that the information is not to be released, City will withhold the information, provided, the Bidder expeditiously seeks a protective order from a court of competent jurisdiction to prevent such release. If disclosure is required under the California Public Records Act or otherwise by law (despite the Bidder’s request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.
Bidder shall indemnify, defend (including Bidder’s providing and paying for legal counsel for City), and hold harmless City, its officers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages, fines, penalties, costs, or expenses arising out of or alleging City’s refusal to publicly disclose one or more records that Bidder identifies as protectable, or asserts is protectable.
23. PREVAILING WAGE RATES AND EMPLOYMENT OF APPRENTICES A. Prevailing Wage Rates. The Bidder and all Subcontractors shall utilize the relevant prevailing wage rate determinations in effect on the first advertisement date of the Notice Calling for Bids in preparing the Bid Proposal and all component price quotations, provided, however, that when Davis Bacon wage rates apply, such rates are subject to increase by written notice, issued by Addendum not less than 10 calendar days before the Bid Deadline. Pursuant to California Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California and the United States Secretary of Labor have determined the general prevailing wage rates in the locality in which the Work is to be performed. Said rate schedules are available on the Internet at www.dir.ca.gov/DLSR/PWD/. The wage rate for any classification not listed, but which may be required to execute the Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. To comply with California Labor Code Section 1773.2, Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall also comply with the requirements of California Labor Code Sections 1773 et seq.
B. Apprenticeship Committee Contract Award Information. Pursuant to California Labor Code § 1777.5 and Title 8 of the California Code of Regulations § 230, Contractor and Subcontractors of any tier who are not already approved to train by an apprenticeship program sponsor shall, within ten (10) calendar days of signing C. the Contract or subcontract, as applicable, but in any event prior to the first day in which Contractor or Subcontractor has workers employed on the Project, submit the Public Works Contract Award Information form (DAS Form 140) to the appropriate local apprenticeship committees whose geographic area of operation include the area of the Project and who can supply apprentices to the Project. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City.
D. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the Contract or subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26) shall be completed for each Contractor and Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes pension contributions. The form must contain, for each worker classification, the fund, plan or trust name, address, administrator, the amount per hour contributed and the frequency of contributions. Training fund contributions shall also be reported in this form. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City.
E. Notice to Subcontractors. Bidders shall notify all potential Subcontractors submitting price quotations for portions of the Work of the requirements concerning payment of prevailing wage rates, payroll records, hours of Work, and employment of apprentices.
24. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS (DIR)
No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the DIR.
25. SPECIAL CITY REQUIREMENTS
Special City forms and their instructions are an integral part of these specifications and failure to submit same may be grounds, in the sole discretion of the City, for rejection of any Bidder.
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B. Any matters not set forth in the written Bid protest will be deemed waived. Any Bid protest not conforming to the foregoing requirements and conditions will be rejected by the City as invalid.
C. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder’s submission of this Bid and the City acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless the City, its City Council members, employees, and agents from liability, claims, demands, damages, and costs arising therefrom if such dispute or action arises solely upon the award of a Contract in compliance with federal, state, and local laws. [END OF DOCUMENT]
BIDDING FORMS
BIDDER'S PROPOSAL
The undersigned submits this Bid in response to the Notice Inviting Bids issued by the City to construct the Work of the following Project in accordance with the Contract Documents:
PROJECT: Citywide Street Tree Wells, Contract No. CS-1456 A. Enclosed herewith and by this reference incorporated herein and made a part of this Bidder's Bid are the following completed forms:
1. Bidder's Proposal
2. Schedule of Bid Prices
3. Incumbency Certificate
4. Bid Security in the following form (check one):
❑ Cashier's Check ❑Certified Check []x Bid Bond ❑Cash
5. Bidder's Statement of Qualifications
6. Experience Form
7. Statement of Violations of Federal, State or Local Law, if applicable
8. Contractor Safety Questionnaire
9. Designation of Subcontractors
10. Contractor's Affidavit of Non-Collusion
11. Insurance Requirements Affidavit
12. Statement of Disqualification or Debarment
13. Pre-Bid Site Inspection Certification
B. Acknowledgment of Addenda. The Bidder shall acknowledge the receipt of all Addenda by attaching a signed copy of all Addenda, and by listing all Addenda received and attached in the space below. ~I~
If an Addendum or Addenda have been issued by the City and not attached and noted above as being received by the Bidder, the Bid may be rejected.
Pale 26 of l94
C. Inspection of the Work and Contract Documents. Bitlder certifies that it has carefully examined and is fully familiar with all of the provisions of the Bidding Documents and said Bidding Documents contain sufficient detail regarding the Work to be performed; that it has notified City of any errors or omissions in the Bidding Documents and/or any unusual site conditions; and that it has carefully checked all words, prices, and statements in this Bidding Document. Bidder hereby certifies that he/she and his/her Subcontractors have inspected the site and related Drawings and Specifications of Work and fully acquainted themselves with al conditions and matters which may in any way affect the Work, time of completion or the costs thereof.
Bidder also certifies he/she has observed the designated Contractor Work areas and access routes, if disclosed or shown, as part of the Work in this Contract.
Pale ?7 of 194
PRE-BID SITE INSPECTION —CERTIFICATION:
Persons) who inspected site of the proposed Work for your firm:
Name: Jose Angel Fierros Date of Inspection
Title: PrP~idPnt
Name:
Title:
Date of Inspection
917122
D. Bidder agrees that all costs of Work shown in the Bidding Documents, including work reasonably inferable therefrom and necessary thereto, are included in his/her Bid. All Work shown in the Contract Documents for which a specific line item is not provided in the Bidding Form is included in the Bidder's Total Base Bid Price.
Contractor shall be reimbursed for the actual direct cost of all Permit Fees, if any, as defined in Paragraph 1.01 and addressed in Paragraph 1.03 of the General Conditions. Bidder shall exclude the cost of Permit Fees from Bidder's Base Bid sum; Base Bid sum shall include the cost of administration and coordination of Governmental Approvals and Utility Fees. Bidder agrees that City will not be responsible for any errors or omissions on the part of the undersigned in making this Bid.
E. Forfeiture of Bid Security. Bidder further agrees that, in case of his/her default in executing the required Contract and the required bonds, or furnishing the required insurance, the money payable under the Bid Security accompanying this Bid shall be applied by the City towards payment of the damage to the City on account of such default, as provided in the Bidding Documents.
F. Period of Irrevocability. Bidder agrees that this Bid shall remain open and shall not be withdrawn for a period of not less than ninety (90) calendar days from the date of award of Contract, or until rejected by the City, whichever period is shorter.
G. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder's submission of this Bid and the City acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless the City, its City Council members, employees, and agents from liability, claims, demands, damages, and costs arising therefrom if such dispute or acfiion arises solely upon the award of a Contract in compliance with federal, state, and local laws.
The Bidder declares that neither he/she nor anv member of his/her firm or corporation is an officer or employee of the City of Vernon.
hereby certify under penalty of perjury under the laws of the State of California that the representations made herein are true and correct.
Executed this 13 day ofSeptember,2022 , at Sylmar California City State
Bidder's Proposal
Respectfully Submitted
NAME OF BIDDER
COMPANY
NAME: FS Contractors, Inc.
ADDRESS: 14838 Bledsoe St.
ar, CA 91342
CONTACT PERSON: dose Angel Fierros
TELEPHONE NUMBER: (818) 974-0895
E-MAIL: martha ~a.fscontractorsinc.com
CALIFORNIA STATE CONTRACTOR'S LICENSE NUMBER: 1Q05940
EXPIRATION DATE: 7/31123
TAX IDENTIFICATION NO.: 47-364957Q
SURETY COMPANY RLI
All Bid forms must be signed where so indicated by the person or persons duly authorized to sign on behalf of the Bidder. By signing the Bid, the person signing is deemed to represent that he or she has authority to bind the Bidder.
Failure to sign the Bidder's Proposal may invalidate the Bid.
BIDDER'S PROPOSAL — SIGNATURE(S):
Form of Entity of Bidder:
Please check the appropriate signature block below and fill in all related information.
Sole Proprietorship:
NIA
Name:
Title:
Signature:
List all dlb/a's:
Partnership: ❑General Partner ❑Limited Partner
NIA
Name:
Title:
Signature:
a
Corporation:
Name: Jose Angel Fierros
Signature: ~~'~
❑ Joint Venture: ❑Corporation ❑Partnership
❑ Individual ❑Other
N/A
Name:
Title:
Signature:
Name of all Joint Venturers:
Corporate Officer Title: President
Corporate Seal
[If the Bidder is a corporation or a limited liability company, enter state or county of incorporation in addition to the business address and include an incumbency certificate executed by a Secretary thereof in the form set forth herein listing each officer with signing authority and hislher corresponding office. If the Bidder is a partnership or joint venturer stating that the respective partner or joint venturer agrees to be held jointly and severally liable for any and all of the duties and obligations of the Bidder under the Bid and under any contract arising therefrom. Attach evidence to the Bid Proposal Form that the individual signing has authority to do so.] Pale 30 of 19=~
SCHEDULE OF BID PRICES
PROJECT: Citywide Street Tree Wells, Contract No. CS-1456 BIDDER'S NAME: FS Contractors, Inc.
:_ : ~
Pursuant to and in compliance with your Notice Inviting Bids and Contract Documents relating to the Project including all Addenda (attach signed copies), Bidder, having become thoroughly familiar with the terms and conditions of the Contract Documents and with local conditions affecting the performance and the costs of the Work at the place where the Work is to be done, hereby proposes and agrees to fully perform the Work within the time stated in strict accordance with the Contract Documents (including the furnishing of any and all labor, materials, tools, expendable equipment, and utility and transportation services necessary to fully perform the Work and complete it in a workmanlike manner) for the total Base Bid sum of:
~~Q,Vevl ~j~lvl~ed. ~L~l.'f rc.30 - f "I'1,ut1~+.K,d.~ Dollars ~$ ~~~~ 6 !~ ) ! V1 t Vt ~
Item No. Description Units Quantity Unit Cost Amount
1, Unclassified excavation —Saw- CY 518
cut, removal, and disposal of
asphalt concrete, aggregate base ~(' ~~~ ~ ~~
and soil.
2, Construct and install Tree Well EA 115
per City of Vernon Standard Plan
No. MV 1891. Unclassified ~? 600 t,.~(~/QQ(~
excavation to be paid by Bid Item
No. 1
3. Construct 8" high concrete curb LF 1,150
and 2' gutter per City Standard
Plan No. PV582. Unclassified ~~ G~~ 7 ~'~
excavation to be paid by Bid Item /
No.1 ____
4. _
Construct 3.5" thick concrete SF
_~
11,500
sidewalk per City Standard Plan
No. PV582. Unclassified ~j
excavation to be paid by Bid Item ~`~ ~ ~ '~v~
No. 1
BID TOTAL r
$ ~ ~ 10cD
WRITTEN AMOUNT ~G~~ ~v„ _(_,~ ( _ ~ .~,, tp
..~.(ADuS~ SIX ~ ~ ~ v►1`VI. ~
~~
All other work items. labor, materials, tools and incidentals which are not specifically listed in the above bid items, but are necessary to complete the project per specifications, and all other applicable standards and codes are considered to be included in the above bid items.
If there is a discrepancy between (1) the "Grand Total" shown immediately above, (2) any of the "total costs" shown in the far right column above, or (3) the individual Unit Price, then the Unit price shall control over the total cost, and the total cost shall control over the total. If, however, the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.
P~be 31 of 194
Bidder shall exclude the cost of Permit Fees from Bidder's Base Bid sum; Base Bid sum shall include the cost of administration and coordination of Governmental Approvals and Utility Fees. )TAL BID AMOUNT Base Bid Sum
`~it~eln ►'l J►'~.~~,d~ ~ 1 l~tlU "~"~Q~1.~'ii.tn, ` Dollars ($ a ~o ~ cJ ° ° r v i~
(written dollar amount) (dollar amount)
Respectfully submitted:
~~~ 14838 Bledsoe St. Sylmar, CA 91342
Signat e Address
President 9/13/22
Title
1005940
License Number
(SEAL_ - if Bid is by a corporation)
Attest
Amount of Certified or Cashier's Check or Bid Bond
Name of Bonding Company
Date
7/31 /23
Date of Expiration
Pa~c 32 of 19~
INCUMBENCY CERTIFICATE
Print legibly the names and title of the president and all officers of the Company who are authorized to sign the Bid Forms:
PRESIDENT'S &OFFICERS' NAME: TITLE:
Jose Anael Fierros
omon Fierros
Jose Ernesto Fierros
e.CPSIdP.ILt
Vice President
Corporate Secretary
The undersigned hereby certifies to the City of Vernon that he/she is the duly elected and acting Secretary of FS Contractors, Inc. (the "Company"), and that, as such, he/she is authorized to execute this Incumbency Certificate on behalf of the Company, and further certifies that the persons named above are the duly elected, qualified and acting officers of the Company, holding on the date hereof, the titles and positions set forth opposite their names and are authorized to sign the Bid Forms.
IN WITNESS WHEREOF, the undersigned has executed this Incumbency Certificate this ~ 3 day of September , 20~
Jose Ernesto Fierros
Secretary's N e-Printed
Se etary's ignature
Bond No.:
Premium Amount: ~ 10%
Bond's Effective Date:
CIC• t
RECITALS:
1. The City of Vernon, California ('`City"), has issued a Notice Inviting Bids for the Work described as follows:
Specification No. CS-1456: CITYWIDE STREET TREE WELLS in Vernon, CA. ("Project").
2. In response to the Notice Inviting Bids, FS Contractors, Inc., 14838 Bledsoe Street, Sylmar. CA 91342, (Name, address, and telephone of Contractor)
(818) 838-6040
has submitted the accompanying Bid for the Project.
("Principal"),
3. Principal is required under the terms of the Specification—and all Bidding Documents referenced in it—to furnish a bond with the Bid.
4. The Specification, including all its amendments and supplements, and Principal's Bid are incorporated into this Bond and made a part of it by this reference.
OBLIGATION:
THEREFORE, for value received, We, Principal and
RLI Insurance Company, 9025 N. Lindbergh Drive. Peoria, IL 61615. (623) 412-5793 (Name, address, and telephone of Surety)
("Surety"),
a duly admitted surety insurer under California's laws, agree as follows:
By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators, successors, and assigns to pay City the penal sum of Ten Percent of the Total Amount of the Bid Dollars ($ 10% ) ("the Bonded Sum"}, this amount
comprising not less than TEN PERCENT (10%) of Principal's Base Bid, in lawful money of the United States of America.
The Licensed Agent for Surety is:
Preferred Bonding &Insurance Services. 3455 Ocean View Blvd #200. Glendale, CA 91208, X323)663-7814 (Name, address, and telephone)
_ Registered Agent's California Department of Insurance License No. OD69256 THE CONDITION OF THIS BOND'S OBLIGATION IS THAT, if: (1) Principal does not (a) withdraw its Bid for the period specified in the Bidding Documents, or if no period is specified for ninety (90) calendar days after City awards the Contract for the Project, or (b) attempt to withdraw its Bid when the requirements of California Public Contract Cade §5101 of seq., or any successor legislation, are not met; or (2) City awards Principal the Contract in response to Principal's Bid, and within the time and manner specified by the Specification or Contract Documents or if no period is specified within fourteen (14) calendar days after the Contract's award, Principal (a) signs and delivers to City the Contract, in accordance with the Bid as accepted, (b) furnishes the required bonds for not only Principal's faithful performance and proper fulfillment of the Contract, but also Principal's payment for labor and materials used in the Project, and (c} furnishes the required insurance, then this obligation becomes null and void.
Otherwise, this Bond remains in full force and effect, and the following terms and conditions apply to this Bond:
1. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's guaranteeing that upon City's awarding the Contract to Principal, the Principal will enter into the Contract with City.
2. No right of action accrues on this Bond to any entity other than City or its successors and assigns.
3. If an action of law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay in addition to the Bonded Sum City's reasonable attorneys' fees and litigation costs. in an amount the court fixes.
4. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel; terminate, or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason.
On fhe date set forth below, Principal and Surety duly executed this Bond, with the name of each party appearing below and signed by its representatives) under the authority of its governing body.
Date: September 13, 2022
PRINCIPAL:
FS Contractors (nc.
(Comp y Name)
V
( i nature)
gy: ~~
(Name)
ItS: ~
(Title)
Address for Serving Notices or Other Documents:
SURETY:
RLI Insurance Company
Company Name)
r i
(Signature)
By: Pietro Micciche
(Name)
Its: Attorney-in-Fact
(Title)
Address for Serving Notices or Other Documents:
14838 Bledsoe Street, Sylmar, CA 91342 16165 N. 83rd Avenue Suite 201, Peoria, AZ 85382
CORPORATE SEAL CORPORATE SEAL
■ EVIDENCE MUST BE ATTACHED OF THE AUTHORI TY OF ANY PERSON SIGNING AS A77~ORNEY IN-FACT. ■ THE ATTORNEY IN-FACT'S SIGNATURE MUST BE NOTARIZED.
A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR 80TH, ARE A CORPOR,4 TION.
STATE OF CALIFORNIA )
ss
COUNTY OF )
On this day of
BOND ACKNOWLEDGMENT
FOR
SURETY'S ATTORNEY-IN-FACT
20 before me, (name), a Notary Public for said County, personally appeared (name), who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of
subscribed the name of
as attorney in fact.
and acknowledged to me that he/she
thereto as principal, and his/he own name
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Notary Public
SEAL
Pale 36 of 194
POWER OF ATTORNEY
RLI Insurance Company
Contractors Bonding and Insurance Company
9025 N. Lindbergh Dr. Peoria, IL 61615
Phone: 800-645-2402
Know All Men by These Prese~rts:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint:
Patricia Zenizo, Pietro Micciche, Elisabete Salazar,_,jointly or severally in the City of Glendale ,State of California its true and lawfiil Agents) and Attorneys) in Fact, with frill power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed _ Twenty Five Million Dollars ( $25,000,000.00 )for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company.
RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to-wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or• other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 25th day of April 2022 .
```, `~~~I~I~1~f~rlr `~\11111111f//l/ /''i
`. ~D~p►GANU~NS'~.~ ``~~~~J~NCFC~ ~~
oOOGQPpORgr~992~~ ~~~~GORPD~T~~y~'
=~' SEAL .',~- = ~ SEAL
State of Cf NO ~~ Illinois ~~~''~~,,,~~trr,o~s~,,.~''~ ~~~'~~,11jjjj11,~s ~~• SS
County of Peoria
On this 2 th day of Aril 2022 ,before me, a Notary Public, personally appeared Barton W. Davis ,who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and decd of'said corporation.
B Y C ,~~.~ -
Catherine D. Glover Notary Public
CATHERINE D. (3LOYER .
MOTAf1Y OFFICIAL SEAL.
►~~ Notary Publb - 3taU of INinoi~
~',eiw'~o°es` My Commbslon ExpifN
March 24 2024
RLI Insurance Company
Contractors Bonding and insurance Company
By: W
Barton W. Davis Vice President
CERTIFICATE
I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hams and the seal of the RLI Insurance Com any and/or Contract rs Bonding and Insurance Company this day of S~' ~ ~~_,
RLI Insurance Company
Contractors Bonding and Insurai~cc Company
Jeffrey is Corporate Secretary
1144455302~12/2
n005AD 19
~ ~ ~ r • ~ ;.
• -tee ~c :~•!: •!c~•.:~.!: •.Try..~...~..-~.!.~✓:c.!s~c.:~<!~•!s~i -~.!=~.~.!: c.~c!~t.c~.!~...Cc!.~..~s.s~~~r!~.!~...~..r.~~✓~.!~.~::...~..z~..a~e!~~..:~<.~~..c~..
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles ~
On _ S EP ~ 3 202L before me, Angel Nunez, Notary Public Date
personalty appeared Pietro Micciche
Here Insert Name and Title of the Officer
IVame(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person( whose name( is/ subscribed to the within instrument and acknowledged to me that he%~~ ~; executed the same in his/~i~r~~~ authorized capacity(D~), and that by his/~I ~~~Csignature{~ on the instrument the person(, or the entity upon behalf of which the person) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct. /%
WITNESS m and official seal.
~~L
5 `.~ ~'~0':~iV t~:i~711C - C i! C~ii;d y ~J~~nat
~-~ Signature of Notary Public L ~ ~ ~.
•~~ ~ Cc;;,r;s;i,,n n 321u7_
c. ~L'✓
Place lUatary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this farm to an unintended document.
Description of Attached Document
Title or' Type of Document:
Number of Pages: __ ~___
Document Date:
Signers) Other Than Named Above:
Gapacity(ies~ Claimed by Signers)
Signer's Name: ___
`_ Corporate Officer — Title(s): _
"~~~ Partner — ~ Limited General
_~ Individual `- Attorney in Fact
':.~ Trustee i Guardian or Conservator
!Other:
Signer Is Representing:
Signer's Name:
C Corporate Officer — Title(s}: ___
L Partner — i Limited ~__.~ General
C? Individual C ~ Attorney in Fact
iJ Trustee C=! Guardian or Conservator
Other:
Signer Is Representing: __
~• . i ✓ ~=: ~.,. ✓: t .v ✓.-.i ~4-ri~~,•.i,-✓4C✓;~s:~ri4~~:'✓:'✓,~ ~.vG~:'✓t st'ai.~✓:~✓%v=~%may.- •sG'✓.~t's~,v~•aiS`s''~~<~t`.,~~'
BIDDER'S STATEMENT OF QUALIFICATIONS
1. ORGANIZATION
1.1 How many years has your organization been in business as a Contractor? 22
1.2 How many years has your organization been in business under its present name? 7
1.2.1 Under what other names has your organization operated? FS Constructions
1.3 If your organization is a corporation, answer the following:
1.3.1 Date of incorporation/organization: 5/11115
1.3.2 State of incorporation/organization: T
1.3.3 Corporate ID number: C377~094
California
1.3.4 Name of President: Jose Ange! Fierros
1.3.5 Agent for Service of Process:
1.4 If your organization is a partnership, answer the following:
1.4.1 Date of organization/formation: N/A
1.4.2 Type of partnership (if applicable):
1.4.3 Names) of general partner(s):
1.4.4 List all states in which you are registered and state ID numbers for each:
1.5 If your organization is individually owned, answer the following:
1.5.1 Date of organization: NIA
1.5.2 Name of owner:
1.6 If the form of your organization is other than those listed above, describe it and name the principals:
Pale 37 of l ~)4
LICENSING
2.1 List jurisdictions in which your organization is legally qualified to do business, indicate registration or license numbers, and category of license, if applicable.
CA Contractor's License 1005940 A-C8-C27
2.2 List jurisdictions in which your organization's partnership or trade name is filed.
N/A
2.3 List any licensing suspensions and/or violations assessed against your organization within the past five years.
N/A
3. EXPERIENCE
3.1 List the categories of Work that your organization normally performs with its own personnel. Concrete, Lan sc~~g~General Enain~ ring
3.2 On the Experience Form; list the project information that establishes that Bidder meets the essential requirements for qualification set forth in the Mandatory Qualifications paragraph of the Notice Inviting Bids for this Project.
3.3 On a separate sheet, list projects to which your firm or business has been awarded a government contract since your firm or business has been in existence (giving the name and address of the project, the government agency, contact name and phone number, the contract amount, and contract's starting date and ending date).
3.4 On a separate sheet, list the experience and present commitments of the key individuals of your organization.
CLAIMS; LAWSUITS; CRIMINAL ACTS
For the following questions, the term `'owner" does not include owners of stock in your firm if your firm is apublicly-traded corporation.
4.1 In the past five (5) years, have, you, your firm or any of its owners, partners, officers, or employees been a defendant in court, or participated in an arbitration or mediation, on a matter related to:
Pale 38 of 19=~
~~ ~~ ~
~~
~~ 1
\~
• 1 ~ . •
14838 BLEDSOE STREET SYLMAR, CA 91342 PHONE: (818) 838-6040 FAX: (818) 838-6171 CONTRACTOR'S LICENSE #1005940 CLASS A -C8-C27 DIR #1000033438 Anthony Munoz Community Garden Services CDBG
Anthony Escamilla (661j 284-1408 [email protected] Contract Amount $75,000
Completion Date: 2/21/21
Parkway Concrete Maintenance RMDJOC6666MD#2 Group C
County of Los Angeles Public Works 900 South Fremont Ave. Alhambra, CA 91803 Steven Gutierrez (626) 300-3233 SGutierrez~dpw.lacounty.gov Contract Amount $900,000
Completion Date: 10/19/2021
Narbonne Vacant Lot Activation
City of Lomita 24300 Narbonne Ave. Lomita, CA 90717
Mondher Saied (310) 325-7100 [email protected]
Contract Amount $223,635
Completion Date: 3/19/21
Downtown Parking Lot No 4 Renovation
City of Covina 125 E. College Street Covina, CA 91723-2199 Rafael Farjado (626) 384-5489 [email protected]
Contract Amount $588,163
Completion Date: 3/19/21
Concrete Floor Batting Cage
Rio Hondo Community College District 3600 Workman Mill Rd, Whittier, CA 90601 Anthony Ordega (562j 463-7237 [email protected]
Contract Amount $59,000
Completion Date: 1/31/21
FE Weymouth Water Treatment
Metropolitan Water District of South CA 700 North Alameda Street Los Angeles, CA 90012 Yubia Casillas (213) 217-7229 [email protected]
Contract Amount $38,000
Completion Date: 2/15/21
FY 2021 - 2022 Concrete Repair (4thYear)
City of Agoura Hills 30001 Ladyface Court Agoura Hills, CA 91301 Robert Cortez (818) 597-7360
Contract Amount $75,971.75
Completion Date: 11/22/21
4.1.1 The performance, non-performance, default, violation, or breach of a contract or agreement?
❑ YES ~ NO
4.1.2 A vehicle collision or accident involving your firm's employees? ❑ YES D NO
4.1.3 Damage to real property arising out of your services or operations? ❑ YES LxI NO
4.1.4 Employment-related litigation brought by an employee of your firm? ❑ YES [~ NO
4.1.5 Payment to a subcontractor or supplier?
❑ YES ~ NO
4.1.6 ,Defective, deficient, or substandard work?
❑ YES D NO
If the answer to any questions in 4.1.1 to 4.1.6 is YES, identify the name of the person or entity that sued (i.e., "the plaintiff°) or was involved in the mediation or arbitration; list the date, court, court address, and case number; describe the facts and circumstances giving rise to the lawsuit, mediation, or arbitration; and set forth the outcome or disposition. Attach additional sheets as necessary.
4.2 Have you or your firm ever filed a claim for damages or a lawsuit, or requested arbitration or mediation, against a government entity or a Client?
❑ YES D NO
If YES, identify the government entity or client; list the date, court and case number; describe the facts and circumstances about the claim for damages, or the lawsuit, or both; and set forth the outcome or disposition. Attach additional sheets as necessary.
4.3 Are there any pending or outstanding judgments or liens against you, your firm, or any of its owners, partners, officers, or employees?
❑ YES ~ NO
If YES, identify the name of the person or entity entitled to payment; list the date court and case number; describe the facts and circumstances giving rise to the judgment or lien; and set forth the amount of the judgment or lien. Attach additional sheets if necessary.
4.4 In the past five (5) years, has any government entity ever: (a) investigated, cited, disciplined, Pale 39 of 19=~
or assessed any penalties against you, your firm, or any of its owners, partners, officers, or employees, or (b) determined or concluded that your firm or any of its owners, partners, officers, or employees violated any laws, rules, or regulations? ❑ YES ~ NO
If YES, identify the government entity; list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary.
4.5 In the past five (5) years, have you, your firm or any of its owners, partners, officers or eir~ployees been convicted of a crime related to the bidding of a government contract, the awarding of a government contract, or the performance of a government contract? ("Convicted" includes a verdict of guilty by a judge or jury, a plea of guilty, a plea of nolo contendere, or a forfeiture of bail.)
❑ YES D NO
If YES, identify the government entity; list the date, court and case number; describe the facts and circumstances about each instance; and set forth the penalty or punishment imposed. Attach additional sheets as necessary.
4.6 In the past five (5) years, have you, your firm, or any of its owners, partners, officers or employees been convicted of a crime involving embezzlement, theft, fraud, forgery, bribery, deceptive or unlawful business practices, perjury, falsifying or destroying records or evidence, or receiving stolen property, or making or submitting a false claim? ❑ YES ~ NO
If YES, identify the crime or offense; list the date, court and case number; describe the facts and circumstances about each instance; and set forth the penalty or punishment imposed. Attach additional sheets as necessary.
4.7 Have you or, if Bidder is a corporation, any principal of the corporation ever been convicted of a felony?
❑ YES I~ NO
If YES, please explain the details of that conviction and, if so, whether you or said officer have served his or her sentence.
4.8 In the past five (5) years, has a government entity determined or concluded that you, your firm, or any of its owners, partners, officers or employees made or submitted a false claim (including a false claim for payment), or made a material misrepresentation? ❑ YES D NO
If YES, identify the government entity, and describe the facts and circumstances about each instance. Attach additional sheets as necessary.
Page ~0 of 194
4.9 Have you or your company ever been charged by any governmental agency for failure to follow safety procedures? if YES, please explain.
D YES D NO
4.10 Has any governmental agency ever submitted a complaint against you or your firm to the California State Labor Commission for failure to submit certified payrolls? If your answer is "Yes"; please provide the details of such complaint. ❑ YES D NO
5. FIRM'S OPERATIONAL STATUS
5.1. In the past seven (7) years, has your firm, or anyone else acting on behalf of your firm, filed for bankruptcy, insolvency, receivership, or reorganization? ❑ YES D NO
If YES, list the filing date, identify the court and case number; describe the facts and circumstances giving rise to each instance; and set forth the disposition or current status.
Attach additional sheets as necessary.
5.2. In the past five (5) years, has your firm I~ad an consolidations, mergers, acquisitions, closings, layoffs or staff reductions?
❑ YES D NO
If YES, list the filing date, and describe the facts and circumstances about each instance.
Attach additional sheets as necessary.
5.3. Is your firm in the process of, or in negotiations toward: (a) consolidating, merging, selling, or closing its business, or (b) laying off employees or reducing staff? ❑ YES ~ NO
If YES, describe the transaction; list the anticipated date for completing the transaction, laying off employees, or reducing staff; and describe the facts, circumstances, and reason for taking the action. Attach additional sheets as necessary.
6. BIDDING; DEBARMENT; CONTRACT PERFORMANCE
6.1. Has a government entity ever debarred, disqualified, removed, suspended, or otherwise prevented you or your firm from bidding on, contracting, or completing a construction project?
❑ YES D NO
Pate 4 i of 194
If YES, identify the name of the government entity, list the date, and describe the facts and circumstances about each instance, and state the reason for the government entity's action against your firm. Attach additional sheets as necessary.
6.2. Has a government entity ever rejected your firm's Bid or Proposal on the ground that you or your firm is a '`non-responsible" bidder or proposer? ❑ YES ~ NO
If YES, identify the name of the government entity, list the date, describe the facts and circumstances about each instance, and state the reason or basis for the government entity's determining that your firm was a "non-responsible" bidder. Attach additional sheets as necessary.
6.3. Have you or your firm ever failed to fulfill or perform —either partially or completely — a contract or an agreement with a government entity or a client? ❑ YES D NO
If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary.
6.4. In the past five (5) years, have you or any officer or principal of your firm been an officer of another firm which failed to perform a contract or agreement? ❑ YES ~ NO
If YES, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary.
6.5. Has your firm ever advised a government entity or a client, while your firm was under contract with the government entity or client, that your firm could not (or would not) fulfill or perform —either partially or completely —the contract or the agreement based on the prices that your firm had originally submitted in a Bid or a Proposal? ❑ YES D NO
If YES, list the date, identify the name of the government entity or client, and describe the facts and circumstances about each instance. Attach additional sheets as necessary.
6.6. Has your firm ever requested a government entity or a client, while your firm was under contract with the government entity or client, to renegotiate one or more terms of the existing contract or agreement?
❑ YES D NO
If YES. identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary.
PaSe ~2 of 194
6.7. Has your firm ever requested a government entity or a client, while your firm was under contract with the government entity or client, to: (a) cancel the contract or agreement, or (b) release or discharge your firm form the contract or agreement? ❑ YES ~ NO
If YES, identify the naive of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary.
6.8. Has a government entity or a client ever terminated, suspended, or non-renewed your firm's contract or agreement before its completion?
❑ YES D NO
If YES, identify the name of the government entity, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary.
6.9. Has a government entity or a client ever notified or advised your firm that your firm's performance under a contract or agreement was poor, sub-standard, deficient, or noncompliant? ❑ YES Ox NO
If YES, identify the naive of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary.
6.10. In the past five (5) years, has your firm paid, or has your firm been assessed, liquidated damages on a contract or agreement?
❑ YES D NO
If YES, identify all such contracts/projects by owner, owner's address, the date of completion of the project, amount of liquidated damages assessed, and all other information necessary to fully explain the assessment or payment of liquidated damages. Attach additional sheets as necessary.
7. INSURANCE AND BONDS
7.1. In the past ten years, has an insurance company or a surety company:
7,1.1. Refused to insure your firm for liability coverage? ❑ YES D NO
7.1.2. Canceled or non-renewed your firm's insurance coverage? ❑YES D NO
7.1.3. Refused to issue your firm a bond?
❑ YES ❑D NO
Pale ~ ; of 19=~
7.1.4. Canceled or revoked a bond obtained by your firm? ❑ YES ~ NO
If the answer to any questions in 7.1.1 to 7.1.4 is YES, identify the name of the insurance company or surety company, list the date, and describe the facts and circumstances about each instance. Attach addition sheets as necessary,
7.2 In the past ten (10) years, has an insurance company or surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims against a performance bond, payment bond, or maintenance bond issued on your firm's behalf? ❑ YES C~ NO
If YES, identify each contract completed or amount of each claim, the name and telephone number of the claimant, the date, grounds and current status of the claim, and if resolved, the method; nature, and amount of the resolution. Attach addition sheets as necessary.
8. SURETY
8.1 If a performance and/or payment bond is required by this bid, identify the bonding company if arrangements for the bond have been made; if not, identify the bonding company for the Contractor's most recent project:
RLi
-~ :•~~ ~~ w ~ t -.~ •, ~ 11 ~~~. :' is
All of the above statements as to experience, financial qualifications, and available plant and equipment are submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the Bidder.
hereby certify under penalty of perjury under the laws of the state of California that the representation made herein are true and correct.
Signature of Bidder ~ 'P''~`~
Jose Angel Fierros, President
Yaffe 44 of 1 ~)4
BIDDER'S EXPERIENCE FORM
PROJECT NAME: Citywide Street Tree Welis
COMPANY NAME: FS Contractors Inc.
Contract No. CS-1456
***Please use additional sheets if necessary
List below the project information that establishes that Bidder meets the essential requirements for qualification set forth in the Mandatory Qualifications paragraph of the Notice Inviting Bids for this Project.
CONTRACT CONTRACT CONTRACT CONTACT PHONE
START DATE END DATE $AMOUNT PROJECT NAME AND AGENCY ADDRESS CONTACT NAME NUMBER 2 "t~
3/25/20 2/25121 1,851,360.95
itywide Sidewalk Improvement 2020 100 N Garfield Ave, Tony Ann City of Pasadena. CA 91101 (626) 744-7403 City of Pasadena
Public Works De artment
RMDJOC6673 Parkway Concrete
3113/20 2/15/21 S3,999,992.61
900 South Fremont Ave.
Joseph Min (562) 869-1176
ount of Los An eles Public Works
Alhambra, CA 91803
i ewa oncrete
Re lacement
2100 Thousand Oaks Blvd. 716121 9124121
$405,862 Ronner Del Castillo (805) 449-2499 Ext 50
Thousand Oaks, CA 91362
All of the above statements as to experience are submitted in conjunction with the proposal; as a part thereof; and the truthfulness and accuracy of the information is guaranteed by the Bidder. I hereby certify under penalty of perjury under the laws of the state of California that the representation made herein are true and correct. ,
Signature of Bidder ' " ~'~
Print name: Jose An I Fierros
State of California Contractor's License No. 1005940
Contractors License expiration date 7/31/23
Pa~;c 4.5 ofi' 194
CONTRACTOR SAFETY QUESTIONNAIRE
Company Name: FS Contractors, lnc.
Primary Type of Work: Concrete
Person Completing Form: Jose Angel Fierros
Title: President
Date: 9113/22
Phone Number: x$18) 838-6040
SAFETY PERFORMANCE
1. List your company's Interstate Experience Rating Modifier (ERM)1 for the three most recent years. 20~~
20~ — ~jl~a.,
2. List your company's number of injuries/illnesses from your OSHA 300 logs for the three most recent years. 20~ 20~_ 20 '~
a. Fatalities —~
b. OSHA recordable incidents
c. Lost work day incidents
d. Total lost work days
e. Total hours worked
3. Upon request from the City, the contractors) shall provide copies of the following items (a-g); and Items (dg)for each listed Subcontractor a). OSHA 300 logs for the most recent three years
and current year-to-date
b). Verification of ERM from your insurance carrier
c). Injury/Illness Report
d). Complete written Safety Program
4. Company Safety Contact:
a. Name Jose Angel Fierros
b. Phone (81$~ 974-0895
e). Training Plans
~. Training Certificates for Employees
g). Emergency Response Training
1 ERM =applies to workers' compensation policies. It compares the experience of this contractor to others of similar size, type and ratio. Used against annual premium. It has a direct correlation to how much the contractor pays in workers' comp premium.
Pale ~6 0(' 19=~
CONTRACTOR SAFETY QUESTIONNAIRE (continued)
SAFETY PROGRAM
SAFETY PROGRAM DOCUMENTATION C' e One
a. Do you have a written safety program manual? e No
1) Last revision date :3 -1 ~ ~ ~ ~-
b. Do you have a written safety field manual? Yes o
c. Are ali workers given a booklet that contains work rules, responsibilities, and other appropriate information? Yes No
2. POLICY AND MANAGEMENT SUPPORT
a. Do you have a safety policy statement from an officer of Yes No the company?
b. Do you have a disciplinary process for enforcement Yes No of your safety program?
c. Does management set corporate safety goals? Yes ~l~
d. Does executive management review:
Accident reports? Y No
Safety statistics? e No
~ Inspection reports? es No
e. Do you safety pre-qualify subcontractors? Yes No
f. Do you have a written policy on accident reporting Ye No and investigation?
g. Do you have alight-duty, return-to-work policy? Yes No h. Is safety part of your supervisor's performance evaluation? Ye No i. Do you have a personal protective equipment (PPE) policy? Yes No j. Do you have a written substance abuse program? Yes No If yes, does it include (check all applicable boxes):
❑ Pre-employment testing ❑Return-to-duty testing
❑ Random testing ❑Disciplinary process
❑ Reasonable cause testing ❑Alcohol testing
❑ Post accident testing ❑National Institute on Drug Abuse ❑ Panel Screen
k. Does each level of management have assigned safety Yes No duties and responsibilities?
Page ~7 of 19'1
3. TRAINING AND ORIENTATION
a. Do you conduct safety orientation training for each
employee? Yes No
b. Do you conduct site safety orientation for every Yes No person new to the fob site?
c. Does your safety program require safety training meetings? Yes o for each supervisor (foreman and above)?
How often?
❑ Weekly d Monthly ❑Quarterly ❑Annually ❑Other
d. Do you hold tool box/tailgate safety meetings
focused on your specific work operations/exposures? Ye No How oft n?
Weekly ❑Daily ❑Other
e. Do you require equipment operation/certification training? Yes No
4. ADMINISTRATION AND PROCEDURES
a. Does your written safety program address
administrative procedures? Yes No
f yes, check which apply:
Pre project/task planning
Record keeping
~ Safety committees
HAZCOM
Substance abuse prevention
Return-to-work
b. Do you have project safety committees?
v Emergency procedures
Audits/inspections
Accident investigations/reporting
_Training documentation
_Hazardous work permits
Subcontractor prequalification
Ye No
c. Do you conduct job site safety inspections? Ye No
How ofte ?
~(V Daily ❑Weekly ❑Monthly ❑Other,
Do these inspections includes a routine safety
inspection of equipment (e,g., scaffold, ladders, fire
extinguishers, etc.)? Yes No
d. Do you investigate accidents? Yes No
How are they reported?
❑ Total company ❑ By superintendent
❑ By project By project manager
❑ By foreman In accordance with OSHA
e. Do you discuss safety at all preconstruction and progress meetings? Yes o Pale ~~ o(' 19=~
Iv f. Do you perform rigging and lifting checks prior to lifting? Yes No ❑ For personnel ❑For equipment ❑Heavy lifts (more than 10,00 Ibs.)
WORK RULES
a. Do you periodically update work rules?
When was the last update?
3v ~! r ~ Z~ Yes o
~i
What w rk practices are addressed by your work rules?
[ CPR/first aid
Barricades, signs,
❑Access—entrances/stairs
❑Respiratory protection
and signals
❑ Blasting Material handling/storage
❑ Communications Temporary heat
❑ Compressed air and gases Vehicle safety
Q Concrete work [~ Traffic control
❑ Confined-space entry ❑Site vis'tor escorting
❑ Cranes/rigging and hoisting ~ Public protection
❑ Electrical grounding ❑Equipment guards and grounding
❑ Environmental controls and ❑Monitoring equipment
Occupational health
Emergency procedures ❑Flammable material handling/storage Fire protection and prevention [ ~1 Site sanitation
❑ Floor and wall openings [v(Trenching and excavating
Fall protection ❑ Lockout/Tagout
Housekeeping ❑Energized/pressurized equipment
❑ Ladders and scaffolds
❑ Mechanical equipment/ Personal protective equipment
maintenance/pre-op checks/ Tools, power and hand
operation Electrical power lines
❑ Welding and cutting (hot work) ❑Other
OSHA INSPECTIONS
a. Have you been inspected by OSHA in the last three years? Yes No b. Were these inspections in response to complaints? Yes No c. Have you been cited as a result of these inspections? Yes No If yes, describe the citations (add additional sheets if necessary):
Pt~~e ~9 of 1 ~)=~
DESIGNATION OF SUBCONTRACTORS
NAME OF BIDDER: FS Contractors, Inc.
Each Bidder must list, on the form provided on the next page, each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed in the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Drawings and Specifications, in an amount in excess of one-half of one percent of the Contractor's Base Bid Amount. Each Subcontractor must have an active and current license, and all requisite specialty certifications, when listed.
Bidder must provide the following information for EACH Subcontractor. N/A
1. The name of the Subcontractor;
2. The trade and type of work that the Subcontractor will perform;
3. Location (address) of Subcontractor's place of business;
4. Subcontractor's license number; and any specialty licenses; and
5. Dollar value of the Work that the Subcontractor will perform.
Subletting or subcontracting of any portion of the Work in excess of one-half of one percent of the Contractor's Base Bid to which no Subcontractor was designated in the original Bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City setting forth the facts constituting the emergency or necessity.
If the Contractor violates any of the above provisions the Contractor may be in breach of this Contract and the City may exercise the option, in its own discretion, to (1) cancel this Contract, or (2) assess the Contractor a penalty in an amount not more than ten percent (10%) of the amount of the subcontract involved, and this penalty shall be deposited in the fund out of which the prime Contract is awarded.
If the Contractor fails to specify a Subcontractor, or if the Contractor specifies more than one Subcontractor for the same trade or type of Work to be performed under the Contract in excess of one-half of one percent of the Contractor's Base Bid Amount, then the Contractor agrees that he/she is fully qualified to perform that Work himself/herself, and that he/she shall perform that Work himself/herself. If after award of Contract, the Contractor subcontracts any such Work, the Contractor will be subject to the statutory penalties.
DESIGNATION OF SUBCONTRACTORS FORM
IS ON THE FOLLOWING PAGE
~'a~e ~Q of 194
Please type or legibly print (attach additional sheets as necessary).
Name of Subcontractor Email Contact Trade and Type Business Location Information of Work to be Performed
NSA
---- —
i
i
i
i
Public Works
License Contractor Dollar ($) Value Number Registration Number
i
i
I)
a
1 Pa~c ~ 1 of 194
The Contractor shall not:
A. Substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except that the City may consent to the substitution of another person as Subcontractor in any of the following situations:
1. When the Subcontractor listed in the Bid, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract for the scope of Work specified in the Subcontractor's bid and at the price specified in the Subcontractor's bid, when that written contract, based upon the general terms, conditions, Drawings and Specifications for the Project or the terms of Contractor's written Bid, is presented to the Subcontractor by the Contractor;
2. When the listed Subcontractor becomes insolvent or the subject of an order for relief in bankruptcy;
3. When the listed Subcontractor fails or refuses to perform his/her subcontract;
4. When the listed Subcontractor fails or refuses to meet the bond requirements of the Contractor as set forth in Public Contract Code Section 4108;
5. When the Contractor demonstrates to the City that the name of the Subcontractor was listed as the result of an inadvertent clerical error;
6. When the listed Subcontractor is not licensed pursuant to the Contractors License Law;
7. When the City determines that the Work performed by the listed Subcontractor is substantially unsatisfactory and not in substantial accordance with the Drawings and Specifications, or that the Subcontractor is substantially delaying or disrupting the progress of the Work;
8. When the listed Subcontractor is ineligible to work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Cotle; or
9. When the City determines that the listed Subcontractor is not a responsible contractor.
B. Permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original Subcontractor listed in the original Bid, without the consent of the City.
C. Other than in the performance of "change orders" causing changes or deviations from the original Contract, sublet or subcontract any portion of the Work in excess of one-half of one percent of the Contractor's Base Bid Amount as to which hislher original Bid did not designate a Subcontractor.
Prior to approval of the Contractor's request for a Subcontractor substitution, the City shall give notice in writing to the listed Subcontractor of the Contractor's request to substitute and of the reason for the request. The notice will be served by certified or registered mail to the last known address of the Subcontractor. The listed Subcontractor who has been so notified shall have five (5) Working Days within which to transmit to the City written objections to the substitution. Failure to file these written objections shall constitute the listed Subcontractor's consent to the substitution.
If written objections are filed, the City shall give notice in writing of at least five (5) Working Days to the listed Subcontractor of a hearing by the City on the Contractor's request for substitution.
The Contractor, as a condition to asserting a claim of inadvertent clerical error in the listing of a Subcontractor, shall within two (2) Working Days after the time of the Bid Deadline, give written notice to the City and copies of such notice to both the Subcontractor he/she claims to have listed in error and the intended Subcontractor who had bid to the Contractor prior to the Bid Deadline.
P~~~e ~2 of 19=~
QUESTIONNAIRE REGARDING SUBCONTRACTORS
Bidder shall answer the following questions and submit with his/her Contract proposal.
Were bid depository or registry services used in obtaining subcontractors bid figures in order to compute your bid? Yes ❑ No Q
If the answer to No. 1 is "Yes", please forward a copy of the rules of each bitl depository you used with this questionnaire.
3. Did you have any source of subcontractors' bids other than bid depositories? Has any person or group threatened you with subcontractor boycotts, union boycotts, or other sanctions to attempt to convince you to use the services or abide by the rules of one or more bid depositories? Yes ❑ No Q
5. If the answer to No. 4 is "Yes", please explain the following details:
(a) Date:
(b) Name of person or group:
(c) Job involved (if applicable):
(d) Nature of the threats:
(e} Additional comments:
(Use additional paper if necessary)
6. Was a conscious effort made to recruit or provide equal opportunity for bids by minority or project area subcontractors? Yes ❑ No ~
7. Was a conscious effort made to recruit and hire project area lower-income residents? Yes ❑ No ~]
Please submit statement.
We declare under penalty of perjury that the foregoing is true and correct.
Dated this 13 day of September , 20 2022
All of the above statements as to experience, financial qualifications, and available plant and equipment are submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the bidder.
Name of Company
Y
Title: President
P~~SE' J~ Uf 1 ~=~
CONTRACTOR'S AFFIDAVIT OF NON-COLLUSION
STATE OF CALIFORNIA )
ss
COUNTY OF Los Angeles )
Jose Angel Fierros being first duly sworn, deposes and says:
That he/she is the President (Title of office if a corporation, "sole owner," "Partner;" or other proper title) of FS Contractors, Inc. , (hereinafter called "Contractor") who has submitted to the City of Vernon a Bid for the construction of the Citywide Street Tree Wells, Contract No. CS-1456;
2. That said Bid is genuine; that the same is not sham; that all statements of fact therein are true;
3. That said Bid is not made in the interest or behalf of any person, partnership, company, association, organization, or corporation not named or disclosed;
4. That Contractor did not, directly or indirectly induce, solicit, agree, collude, conspire or contrive with anyone else to submit a false or sham bid, to refrain from bidding, or withdraw his/her bid, to raise or fix the Bid price of Contractor or of anyone else, or to raise or fix any overhead profit, or cost element of Contractor's price or the price of anyone else; and did not attempt to induce action prejudicial to the interests of the City of Vernon, or of any other Bidder, or anyone else interested in the proposed Contract;
5. That the Contractor has not in any manner sought by collusion to secure for himself an advantage over any other Bidders or induce action prejudicial to the interests of the City of Vernon or of any other Bidder, or anyone else interested in the proposed Contract;
6. That the Contractor has not accepted any bid from any Subcontractor or material supplier through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the Contractor from considering any bid from any Subcontractor or material supplier, which is not processed through said bid depository, or which prevent any Subcontractor or material supplier from bidding to any Contractor who does not use the facilities of or accept bids from or through such bid depository; Pale ~=~ of~ 194
7. That the Contractor did not, directly or indirectly, submit the Contractor's Bid price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except to the City of Vernon, or to any person or persons who have partnership or other financial interest with said Contractor in his/her business. declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Dated this 13 day of September 2022 at Sylmar CA
Month/Year City State
FS Contractors, Inc.
Contractor (Please Print)
r /~~
Contractor's Si ture
President
Title
CONTRACTOR'S SIGNATURE MUST BE NOTARIZED
Page SS of i 9=~
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of L,os Angeles
On Septejl~bec• 13, 2022 before me, Mat•tha lsahel i,~ne7 Riubi,~Notary Public , Date Here Insert Name and Title of the Officer
personally appeared Jose An Jel Fierros
Name of Signer(s~~-~"
who proved to me on the basis of satisfactory evidence to be the persons) whose name/arm subscribed to the within instrument nd acknowledged~o me that he/sue/tf~}~"executed the same in his/~e~/t~ authorized capacity(i ,and that by his/her/fh~it signature(,s~on the instrument the person(sj; or the entity upon behalf of which the person(s~'acted, executed the instrument. 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.
t a~ T MgRTHA ISABEL IOPEZ RIU81
S`~-.--... h
,~ ~ ~~'~~~y '`f~. Notary Public •California ~.~
~ ~ ~ los Angeles County ~ Signature ~• ~
r ~ ~ Commission ~ 2356361
~~<<F ~~'' My Comm. Expires May 21,X025 Signature of Notary ublic Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages: Signers) Other Than Named Ab
Capacity(ies) Claimed by Signers)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ~_=, Limited C. ;~ Gene
❑ Individual ❑ Attor Fact
Trustee ardian or Conservator
O Other:
Signer epresenting:
Docum
Signer's Name:
O Corporate Officer — Title(s):
C~ Partner — C=1 Limited _~ General
D Individual ~_J Attorney in Fact
O Trustee (.~ Guardian or Conservator
f~l Other:
Signer Is Representing:
THE BIDDER'S INSURANCE COMPANY(S) OR INSURANCE AGENT MUST COMPLETE THIS FORM AND
THE BIDDER MUST SUBMIT THIS CERTIFICATION WITH THE BID FORMS.
I, the undersigned (Please check one box) ~__ underwriter E:.I agent, certify that I and the Contractor listed below have jointly reviewed the "Insurance Requirements" in these Bidding Documents and the Contract Documents. If the City of Vernon ("City"} awards the Contractor the Contract for this project, I will be able—within fourteen (14) calendar days after the Contractor is notified of the Contract's award—to furnish the City with valid insurance forms (including one or more insurance certificates and additional insured endorsements) that fully meet all of the Insurance Requirements.
Name of Insurance Company
nsurance Agent's Name (Printed)
(signature)
Address
Telephone Number
Contractor's Name
Date
Insurance Agent's Name
City State Zip Code
Email Address
City Specification Number
Below State the Name of Insurance Company Providing Coverage:
DO NOT write "Will Provide," "To Be Determined," "When Required," or similar phrases.
Commercial General Liability
Workers' Compensation Liability
City Will Purchase Policy, if required
Builders Risk
Automobile Liability
Pollution Liability
(NOTE TO CONTRACTOR: See "Insurance Requirements" EXHIBIT 4 of the Contract for the requirement of obtaining Pollution Liability Insurance.]
NOTE TO THE UNDERWRITER /AGENT: If the insurance forms that the Contractor submits to the City do not fully comply with the Insurance Requirements, and/or if the Contractor fails to submit the forms within the 14-day time limit, the City may; (1 }declare the Contractor's Bid non-responsive, and (2) award the Contract to the next lowest responsible Bidder.
P~~e 56 of 194
' ,—~'~"~ FSCON-2
DATE (MM/DDNYYY)
09f12l2022
'~c~'RD CERTIFICATE OF LIABILITY INSURANCE `--~''~
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORfUTATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS}, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSUREb provisions or be endorsed.
If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer ri hfs to the certificate holder in Ileu of such endorsements .
PRODUCER 916-~~4-7~8~
Sierra Oak Insurance Services
Lic# OC97528
9700 Business Park Dr. Ste 105
N~~I~ACT Dan Brock
PHONE g16-364-73SO FAX 916-364-7381 {,vc, No, Ext): tac, No):
~~OREss: certs~einsurancespecia ist.com
Sacramento, CA 9827 "~~--
Danfel E. gfOC{( INSURERS AFFORDIPJG COVERAGE PlAIC #~
~r,suReRA: Wesco Insurance Com an 25011
INSURED
FS Contractors, Inc.
14838 Bledsoe St
INSURER B : SCOttSC~aI@ II1SUraI1C@ C0111patl~/ 41297
Insurance Com an of the West INSURER C : P Y 27847
Sylmar, CA 91342 ~NsuRERo:Allied World Surplus Lines Ins 24319 INSURER E : LIO~/CI's of London Insurance Co 85202
INSURER F
CnVFRAGFS CFRTIFICL~TG Nl1MRFR• RFVISInAI NIIMRFR•
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 1/VHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR TypE OF INSURANCE ADDL
INSD
SUB
WVD POLICY NUMBER POLICY EFF MMlDD
POLICY EXP
t,AMlDD LIMITS
C
E
X COMMERCIAL GENERAL LIABILITY
CLAIMS-tvV1DF X occur
Professional Liab
X BCS0039741
MPL510483922
01/13/2022
03/0812022
01/1312023
03!08!2023
EACH OCCURRENCE 'I,000,OOO
X
D/~PAAGE ~~ O RENTED
P MiSE ~ ~~.une~ g 100,000
Mao E~ a~, onE ~erst~~: ~ Exluded
PE^nSONf~. 8 ADV I~VJUR`:' I $ ~ ~~~d~~~d
GcN'L AGC REGA7E UMli kFPLiES PtR:
POLICY ~ ~E¢T ~ LOC
ETHER:
GENERAL AGGREGATE 2,000,000
PRODUCTS -COMP/Q~ AGG $ Z,000,OOO
Prof.Liab 1,000,000
A AUTOMOBILE LIABILITY
X ANY AUTO
OWNED SC}iE-.OULED
AUTOS ONLY AIIfOS
AUTOS GNLY Nr',UTOS~ Oh1L~
PP197632000 08126!2022 08/26/2023
COMBI~:~U SItdGLE ~ I4i~ i
L~DU. ~
~ ~~~,~~~
~ --------------._.-'_._......--- ...............
BODILY ItvJURY (Per person} $
BODIt.I' I~JUf2Y Par accident! $
FP 0acc dent)~A~~ ~
C UMBRELLA LIAR
EXCESS LIAR
X GCCUR
CLAIMS-MADE XLS0~121700 01/13/2022 01/13/2023
EACH OCCURREP~CE 8,000,000
~( AGGREGATE $ 8'~~~,~~~
DED RETENTION ~ GL AU WC ~
p WORKERS COMPENSATION
AND EhiPLOYERS' LIABILITY
ANY?R<,pkiETO(WARTPlE~;CECUTIVE YEN
FFICERJ~~EtJBER EXCLUC~D? ~ Mandatory in NH}
If yas, describe order
DESCRIPTION OF OPERATIONS below
N ~ A
SA 503277107 07/31/2022 07!31!2023
x I'ER O(NSTATUTE ER
E.L. EACHACCICEnT ~,~~~,~~~
E.L. DISEASE - [A EhAPLOYEE $ ~I,000,OOO
E.L. DISE?SF - FOLICY LIMIT 1 000 000 s ~
p Pollution L(ab. 50550558 0'i /13/2022 01/13/2023 Each Occu Aggregate
1,000,000
2,000,000
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required} City of Vernon to be named additional insured on the general liability.
CFRTIFICLITF Nn(_nFR CANCELLATION
CITYVER
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
City of Vernon
4345 Santa Fe Ave
Vernon, CA 90Q58 AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03) O 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
PQLICY NUMBER: BC 5 0 0 3 9 7 41 COMMERCIAL GENERAL LIABILITY CG 20121219
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIQNAL INSURED -STATE OR GOVERNMENTAL
AGENCY {JR SUBDIVISION ~R POLITICAL
SUBDIVISION - PERIVIITS OR AUTHt7RIZATI~NS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
State Or Governmental Agency Or Subdivision Or Political Subdivision:
any person or organization when required by written contract or agr?ement, executed prior to the occurrence to which this insurance applies, that such person cr organization be added as an additional insured on your policy ~ Information required to complete this Schedule, if not shown above, will be shown in the Declarations. ~ A. Section II —Who Is An Insured is amended to
include as an additional insured any state or
governmental agency or subdivision or political
subdivision shown in the Schedule, subject to the
following provisions:
1. This insurance applies only with respect to
operations performed by you or on your behalf
for which the state or governmental agency or
subdivision or political subdivision has issued a
permit or authorization.
However:
a. The insurance afforded to such additional
insured only applies to the extent permitted
bylaw; and
b. If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such additional
insured.
2. This insurance does not apply to:
a. "Bodily injury", "property damage" or
"personal and advertising injury" arising out
of operations performed for the federal
government, state or municipality; or
b. "Bodily injury" or "property damage" included
within the "products-completed operations
hazard".
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section 111 —Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the applicable
limits of insurance.
CG 20 '12 12 19 O Insurance Services Office, Inc., 2018 Page 1 of 1 C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III —Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the mast we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits of
insurance;
whichever is less.
This endorsement shall not increase the applicable
limits of insurance.
CERTIFTCATE OF EQUAL OPPORTUNITY PRACTICES
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
(323) 583-8811
Website: ~~rww.c~of~~rnon.orq
Article I. Affidavit of Equal Opportunity Employment &
Non-segregation (Form AA-1)
Article II. Vendor List Questionnaire (Forms AA-2 & 3)
In order to be placed to the City's vendor list and be eligible to receive City business, you must provide the following information except where indicated as "optional." By submitting this form you are declaring under penalty of perjury under the laws of the State of California and the laws of the United States that the information is true and correct. Furthermore, you are certifying that your firm will adhere to equal opportunity employment practices to assure that applicants and employees are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex or age. And, your firm does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained.
Name of Company: ~L~ ~ ,~~-''~t L~l~~~( ~T,~~:.
Business Telephone: ~l ~ b ~J ~ `~~~~
Address: ~ s
City: State: ~~ Zip 2
Contact Person .dose Angel Fierros E-mail Address ~ ~ (1 C ~~ ~ ~'~b~ optional)
Tax ID Number (or Social Security Number)
Remit Address (if different)
o ~Q
Please state clearly and concisely the types) of goods and services your company provides:
The following section is OPTIONAL and is for statistical reporting purposes only. Ownership (please check all that apply}:
African-American Asian Armenian _ Hispanic ~ Native American Disabled Female
P.a~e ~7 of 19=~
Proiect Workforce Utilization Farm AA-2~
This form is to be included in al! bid documents for projects involving labor or services valued at $25,000 or more.
Instructions: Please indicate the job titles/classifications to be used in the performance of this contract should it be awarded to your firm. Please indicate the number of employees in each job classification as well as the number of new hires, if any, as a result of this contract.
Name of Company: ~ ~ Projecfi: l..- ;~ W ^ ~ ~ ~~ ~,~~5 Job Tifiles/Classification Estimated number of existing staff to be employed in this classification if awarded the contract
Estimated number of new hires to be employed in
this classification if awarded the contract
emu''
Cep. ~ ~
3 I
Are any current employees or potential
new hires Vernon residents? If so, how
many?
Pale >K ~f l74
Current Permanent Workforce Utilization (Form AA-3~
Name of
Project:
Completion of this form is OPTIONAL. Any information supplied by vendors is for reporting purposes only and will not be factored into the award of any contract.
Instructions: Please indicate the number of employees in each Job Classification belonging to the following groups.
White
(not of Hispanic
origin)
African-American
(not of Hispanic
origin)
Hispanic Asian/Pacific
Islander
Native
American
Armenian Male Female
CLASSIFICATION
Officials/
Managers _._~_._______....__._._.___....___
Professionals
._.________......__..~ _._.__.._.__._......_._._.____m...__._._._. _._.___.____._ Technicians
Office/Clerica!
Skilled Craft Workers
7 Operators
(semi-skilled)
Laborers
Service Workers
TOTAL
Page ~ 1 of 17~
RESUME
ANGEL FIERROS
13368 Aldergrove St. Sylmar, CA. 91342 (818) 367-0652
Qualifications:
-Strong interpersonal skills; ability to communicate and persuade at all levels and thrive in across-functional environment. -Excellent verbal communication skills
-Computer Savvy —Word, Excel, Quick Books, Outlook, Project Manager, Master Builder, Auto CAD -Positive attitude &Professional appearance
-Team player /self-starter /organized
-Extensive hands on experience
-Bilingual Spanish /English
Experience:
(1984-1992) Landscape Development, Inc.
Laborer -Foremen
-Started from the bottom, as a laborer
-Kept climbing up the ladder learning every phase of construction -Became Foremen in 1988 and continued to be the lead man until 1992 -Able to read plans, lay out and direct operation for Irrigation /landscape projects -Extensive knowledge of plant material types
(1992 - 1994) DJ Construction, Inc.
Foremen
-In-home estimates
-Blueprint takeoffs. Requisition orders
-Managing/coordinating jobs in progress
-Control different phases of construction in the field
-Order/schedule materials
-Operate different pieces of equipment (from Bob cats, Skip loaders, Back hoes, Loaders, Dump trucks, Water trucks, etc.) -Install, operate and maintain all irrigation equipment (from Main lines, laterals, valves, sprinklers, controllers, etc.)
(1994 - 2002) Terra Cal Construction, Inc.
Foreman - Suaerintendent
-Control different phases of construction in the field
-Blueprint takeoffs. Requisition orders,
-managing coordinating jobs in progress
-Order/schedule materials
-Operate different pieces of equipment (from Bob cats, Skip loaders, Back hoes, Loaders, Dump trucks, Water trucks, etc.) -Install, operate and maintain all irrigation equipment (from Main lines, laterals, valves, sprinklers, controllers, etc.) (2000 -Present) FS Contractors, Inc. / FS Construction
President /Owner
-Take control and direction of company
-Generate estimates
-Write contracts
-Prepare Sub-contracts
-Sale closing tactics and negotiating skills
-Field measuring & onsite cost estimating
-Presentation of company and products)
-Field measuring with detail to permit/code requirements -Worked closely with engineers and architects
-Developed project proposals up to $2,000,000 in value
-Coordinated projects to comply with all addendums, spec sheets, geotechnical data & ADA compliances -Experienced with prevailing wages and public works projects -Supervise payroll/ payroll taxes
-Prepare certified payrolls
Education:
1 2.5 Years of collage in Civil Engineering field
2 Licensed General Engineering Contractor (A)
3 Licensed Concrete Contractor (C8)
4 Licensed Landscaping Contractor (C27)
5 Pervious Concrete Technician Certified
6 Home Improvement Certification
7 ARDEX products installer certified
8 CPR &First Aid certified
9 Basic accounting
10 Bilingual English /Spanish
City Council Agenda Item Report
Submitted by: Adriana Ramos
Submitting Department: Public Utilities
Meeting Date: October 18, 2022
SUBJECT
Blanket Purchase Contract with Fujitsu Network Communications, Inc.
Recommendation:
Approve the issuance of a blanket Purchase Contract with Fujitsu Network Communications, Inc. (Fujitsu), in an amount not-to-exceed $40,000 for the repair of Fujitsu equipment related to the Fiber Optics System Internet Access Operations and any ancillary purchases needed for the remainder of Fiscal Year (FY) 2022-23.
Background:
The City’s existing internet system topology is built around a Fujitsu Network Communications, Inc (Fujitsu) transport and distribution equipment infrastructure. Fujitsu has provided the capability for remote managed services to the Vernon Public Utilities (VPU) Fiber Optics System since 2004. The services include 24/7 monitoring of 24 key network devices, most of which are manufactured at the Fujitsu factory facility.
With the aging of the customer provision equipment (CPE), repair and purchase of ancillary equipment is necessary. Staff recommends approval of a blanket Purchase Contract with Fujitsu, in the amount not-to-exceed $40,000, to cover repair and ancillary purchases that are necessary through the remainder of FY 2022-23. This will ensure reliable internet service to its existing or new anticipated end users. It will allow VPU to purchase CPE utilized to provide the end user hand-off for monitoring connections to the network and will provide funds to address any emergencies outside of what is covered under the existing three-year maintenance Services Agreement with Fujitsu approved by City Council on October 20, 2020.
The proposed blanket Purchase Contract is exempt from competitive bidding and competitive selection pursuant to Sections 3.32.110 (A)(2) and (B)(1) of the Vernon Municipal Code, as any required repair services and/or any necessary equipment can only be provided by Fujitsu.
City Council approval is required pursuant to Vernon Municipal Code 3.32.030(B), which states if, in the 12 months preceding the effective date of a proposed new, renewed, or otherwise amended contract, the City has paid or awarded the proposed vendor more than $100,000 pursuant to contracts with the vendor, then the proposed new, renewed, or otherwise amended contract shall be approved only by the City Council. The combined total of the existing approved Services Agreement ($245,568) and proposed blanket Purchase Contract ($40,000) will exceed the approval threshold.
Fiscal Impact:
Sufficient funds for the proposed supplemental are available in the VPU Fiber Optics Enterprise Fund, Repairs and Maintenance Account No. 057.1057.590000.
Attachments:
None.
City Council Agenda Item Report
Submitted by: Adriana Ramos
Submitting Department: Public Utilities
Meeting Date: October 18, 2022
SUBJECT
Services Agreement with DC Consulting Services LLC
Recommendation:
A. Find that the proposed action is categorically exempt from the California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15301, because the project consists of the maintenance, repair or minor alteration of existing equipment and involves negligible or no expansion of an existing use; and B. Approve and authorize the City Administrator to execute a Services Agreement with DC Consulting Services LLC, in substantially the same form as submitted, to provide gas turbine maintenance services, in an amount not to exceed $259,950.
Background:
On October 4, 2022, City Council approved the issuance of a Purchase Contract to DC Consulting Services LLC (DC Consulting) for the purchase and commissioning of two 571KF engines (engines) to repower and renovate the two H. Gonzalez engines (Gonzales Units) located at Station A. The Gonzales Units are responsible for providing peaking energy into the California Independent System Operator (CAISO) electric grid. The Gonzales Units also provide local resource adequacy (capacity) to Vernon Public Utilities (VPU), which would otherwise need to be purchased in the market at a costly rate and has limited availability. It is timely and valuable for VPU to have the Gonzales Units operating, especially given that the state has prioritized renewable generation versus permitting any new natural gas generation facilities.
VPU is seeking City Council's approval of the proposed Services Agreement with DC Consulting (in partnership with GSF Services) for the maintenance of two 571KF engines at the Vernon Power Plant. Combined, the vendors have over 40 years of experience with 570/571KF model Rolls-Royce gas turbine installations, commissioning, troubleshooting, and repair, including similar work with other gas turbines from Siemens and General Electric. DC Consulting and GSF Services have worked with this engine model since 2003, performing marine and power plant installations worldwide. DC Consulting is a sole source repair and maintenance provider for 570/571KF engines in the United States and is a highly competent and experienced company that VPU has used in the past for turbine repairs and maintenance.
Pursuant to Section 3.32.110 (A)(2) and 3.32.110 (B)(1) of the Vernon Municipal Code (VMC), the proposed Services Agreement is exempt from competitive bidding and competitive selection, as DC Consulting is the only vendor that can provide support to service and repair the recently purchased 571KF engines. Staff recommends approval of the proposed services agreement with DC Consulting, in an amount not to exceed $259,950. The proposed Services Agreement has been reviewed and approved as to form by the City Attorney’s Office.
Fiscal Impact:
Sufficient funds for the proposed services agreement are available in the VPU Electric Enterprise Fund, Generation Station A, Professional Services Other Account No. 055.8200.596200.
Attachments:
1. Services Agreement with DC Consulting Services LLC
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND DC CONSULTING SERVICES LLC., FOR GAS TURBINES MAINTENANCE SERVICES
COVER PAGE
Contractor: DC Consulting Services LLC.
Responsible Principal of Contractor: Don Coletta, Owner Notice Information – Contractor: DC Consulting Services LLC. 5412 Basile Eunice Hwy.
Eunice, LA 70535
Attention: Don Coletta, Owner
Telephone: (225) 253-2175
Notice Information - City: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Todd Dusenberry,
Acting General Manager of Public Utilities
Telephone: (323) 583-8811 ext. 579
Commencement Date: October 18, 2022
Termination Date: October 17, 2025
Consideration: Total not to exceed $259,950 (includes all applicable sales tax); and more particularly
described in Exhibit A
Records Retention Period Three (3) years, pursuant to Section 11.20
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND DC CONSULTING SERVICES LLC., FOR GAS TURBINES MAINTENANCE SERVICES
This Agreement is made between the City of Vernon, a California charter City and California municipal corporation (“City”), and DC Consulting Services LLC., a limited liability company (“Contractor”).
The City and Contractor agree as follows:
1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on October 18, 2022.
2.0 SCOPE OF SERVICES.
2.1 Contractor shall perform all work necessary to complete the services set forth in the Contractor's proposal to the City ("Proposal") dated September 12, 2022, Exhibit “A”, a copy which is attached to and incorporated into this Agreement by reference.
2.2 All services shall be performed to the satisfaction of City.
2.3 All services shall be performed in a competent, professional, and satisfactory manner in accordance with the prevailing industry standards for such services.
3.0 PERSONNEL.
3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Agreement.
3.2 Contractor shall not subcontract any services to be performed by it under this Agreement without prior written approval of City.
3.3 All of the services required hereunder will be performed by Contractor or by City approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City.
4.0 TERM. The term of this Agreement shall commence on October 18, 2022, and it shall continue until October 17, 2025, unless terminated at an earlier date pursuant to the provisions thereof.
5.0 COMPENSATION AND FEES.
5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of
the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit “A” attached hereto and incorporated herein by reference.
5.2 Contractor's grand total compensation for the entire term of this Agreement, shall not exceed $259,950 without the prior authorization of the City, as appropriate, and written amendment of this Agreement.
5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, equipment, and transportation which may be required for furnishing services pursuant to this Agreement. Materials shall be of the highest quality. The above Agreement fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses.
5.4 City shall reimburse Contractor only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City.
Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor:
5.4.1 The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement.
5.4.2 Approved reproduction charges.
5.4.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement.
5.5 Contractor shall not receive any compensation for extra work performed without the prior written authorization of City. As used herein, “extra work” means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement.
5.6 Licenses, Permits, Fees, and Assessments. Contractor shall obtain, at Contractor’s sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the performance of the Services by this Agreement.
6.0 PAYMENT.
6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule.
6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed.
6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month.
6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment.
6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice.
6.6 Payment of such invoices shall be payment in full for all services, authorized costs, and authorized extra work covered by that invoice.
7.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services.
8.0 COORDINATION OF SERVICES. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times.
9.0 INDEMNITY. Contractor agrees to indemnify City, its officers, elected officials, employees and agents against, and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “claims or liabilities”), including but not limited to professional negligence, that may be asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the acts or omissions of Contractor hereunder, or arising from Contractor’s performance of or failure to perform any term, provision, covenant or condition of this Agreement, except to the extent such claims or liabilities arise from the gross negligence or willful misconduct of City, its officers, elected officials, agents or employees.
10.0 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Agreement, including any extensions thereto. The policies shall state that they afford primary coverage.
i. Automobile Liability with minimum limits of at least $1,000,000 combined single limit, including owned, hired, and non-owned liability coverage. ii. Contractor agrees to subrogate automobile liability resulting from performance under this Agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services. The city of Vernon, its directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insureds and under the Contractors’ policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance.
iii. General Liability with minimum limits of at least $1,000,000 per occurrence and $2,000,000 aggregate written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis.
Premises/Operations and Personal Injury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractor's performance of this Agreement. The additional insured coverage under the Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance. (1) If Contractor employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein.
(2) Contractor agrees to subrogate General Liability resulting from performance under this Agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under
the performance of the services.
iv. Professional Errors and Omissions coverage in a sum of at least $2,000,000, where such risk is applicable. Applicable aggregates must be identified and claims history provided to determine amounts remaining under the aggregate. Contractor shall maintain such coverage for at least one (1) year after the termination of this Agreement. v. Excess Coverage – Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to project it as a named insured. Any umbrella liability policy or excess liability policy will in “following form” and will contain a provision to the effect that, if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance. vi. Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. In addition, Contractor shall require each subcontractor to similarly maintain workers’ compensation insurance in accordance with the laws for California for all of the subcontractor’s employees. Compliance is accomplished in one of the following manners:
(1) Provide copy of permissive self-insurance certificate approved by the State of California; or
(2) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Agreement; or
(3) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Agreement.
vii. Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. viii. Insurance shall be placed with insurers with a Best's rating of no less than A-VIII. ix. Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time.
x. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Agreement until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due to Contractor, at City's option; (b) immediately terminate this Agreement and seek damages from the Agreement resulting from said breach; or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due to Contractor.
11.0 GENERAL TERMS AND CONDITIONS.
11.1 INDEPENDENT CONTRACTOR.
11.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent, officer or employee of City and shall furnish such services in its own manner and method except as required by this Agreement, or any applicable statute, rule, or regulation. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. City assumes no liability for Contractor’s actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for Contractor. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, subcontractors and independent contractors, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
11.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.
11.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise.
11.3 OWNERSHIP OF WORK. All documents and materials furnished by the City to Contractor shall remain the property of the City and shall be returned to the City upon termination of this Agreement. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets, and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested at no additional cost to the City. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Agreement. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City.
11.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy, or incompleteness.
11.5 RESPONSIBILITY FOR ERRORS. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
11.6 WAIVER. The City's waiver of any term, condition, breach, or default of this Agreement shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and executed by a duly authorized representative of the party against whom enforcement of a waiver is sought.
11.7 SUCCESSORS. This Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors, and/or assigns.
11.8 NO ASSIGNMENT. Contractor shall not assign or transfer this Agreement or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Agreement. No assignment shall release the original parties from their obligations or otherwise constitute a novation.
11.9 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. Violation of any law material to performance of this Agreement shall entitle the City to terminate the Agreement and otherwise pursue its remedies. Further, if the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations Contractor shall be solely responsible for all costs arising therefrom.
11.10 ATTORNEY'S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
11.11 INTERPRETATION.
11.11.1 Applicable Law. This Agreement shall be deemed an agreement and shall be governed by and construed in accordance with the laws of the State of California. Contractor agrees that the State and Federal courts which sit in the State of California shall have exclusive jurisdiction over all controversies and disputes arising hereunder, and submits to the jurisdiction thereof.
11.11.2 Entire Agreement. This Agreement, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation, and agreements (written or oral).
11.11.3 Written Amendment. This Agreement may only be changed by written amendment executed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect.
11.11.4 Severability. If any provision in this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be
deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement.
11.11.5 Order of Precedence. In case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Agreement shall strictly prevail.
11.11.6 Construction. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
11.12 TIME OF ESSENCE. Time is strictly of the essence of this agreement and each and every covenant, term, and provision hereof.
11.13 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity, and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized.
11.14 ARBITRATION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach, or any other aspect of this Agreement, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery.
11.15 NOTICES. Any notice or demand to be given by one party to the other must be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice.
If to the City:
City of Vernon
Attention: Todd Dusenberry, Acting General Manager of Public Utilities 4305 Santa Fe Avenue
Vernon, CA 90058
If to the Contractor:
DC Consulting Services LLC.
Attention: Don Coletta, Owner
5412 Basile Eunice Hwy.
Eunice, LA 70535
Phone: (225) 253-2175
Email: [email protected]
Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt, or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party.
11.16 NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right or remedy in, under, or to this Agreement.
11.17 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Agreement in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Agreement is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause.
11.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Agreement by written notice to the defaulting party. The notice shall specify the basis for the default. The Agreement shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. In case of default by Contractor, the City reserves the right to procure the goods or services from other sources and to hold the Contractor responsible for any excess costs occasioned to the City thereby. Contractor shall not be held accountable for additional costs incurred due to delay or default as a result of Force Majeure. Contractor must notify the City immediately upon knowing that non-performance or delay will apply to this Agreement as a result of Force Majeure. At that time Contractor is to submit in writing a Recovery Plan for this Agreement. If the Recovery Plan is not acceptable to the City or not received within 10 days of the necessary notification of Force
Majeure default, then the City may cancel this order in its entirety at no cost to the City, owing only for goods and services completed to that point.
11.19 TERMINATION FOR CAUSE. Termination for cause shall relieve the terminating party of further liability or responsibility under this Agreement, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. If this Agreement is terminated as provided herein, City may require, at no additional cost to City, that Contractor provide all finished or unfinished documents, data, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
11.19.1 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
11.20 MAINTENANCE AND INSPECTION OF RECORDS.
The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Agreement and/or is paying only the amounts to which Contractor is properly entitled under the Agreement or for other purposes relating to the Agreement.
The Contractor shall maintain and preserve all such records for a period of at least three (3) years after termination of the Agreement.
The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals, and overhead.
11.21 CONFLICT. Contractor hereby represents, warrants, and certifies that no member, officer, or employee of the Contractor is a director, officer, or employee of the City of Vernon, or a member of any of its boards, commissions, or committees, except to the extent permitted by law.
11.22 HEADINGS. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
11.23 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1½ times the basic rate of pay.
11.24 PREVAILING WAGES. The provisions of California Labor Code 1770, et seq., regarding the payment of prevailing wages on public works, and related regulations, apply to all City agreements. In addition, the selected consultant and/or any subcontractor must be currently registered and qualified (including payment of any required fee) with the State Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the State Department of Industrial Relations.
11.25 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Agreement, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit “B”. [Signatures Begin on Next Page].
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Commencement Date stated on the cover page.
City of Vernon, a California charter City
and California municipal corporation
By: ____________________________
Carlos Fandino, City Administrator
DC Consulting Services LLC., a limited
liability company
By:
Name:
Title:
ATTEST:
_______________________________
Lisa Pope, City Clerk
By:
Name:
Title:
APPROVED AS TO FORM:
_______________________________
Zaynah N. Moussa,
City Attorney
EXHIBIT A
CONTRACTOR'S PROPOSAL
DC Consulting
5412 Basile Eunice Hwy.
Eunice, LA 70535
USA 3-year maintenance
contract
GSF Services Inc. Proprietary Proposal 22100–1 Rev-0
September 12, 2022
City of Vernon
4305 S. Santa Fe Ave.
Vernon, CA 90058
Attn. Mr. Todd Dusenberry,
This proposal is for a 3-year maintenance contract for two Rolls-Royce model 571KF gas turbines by DC Consulting Services LLC. (DCC) to the City of Vernon, California (COV), to the address shown above.
DCC and GSF Services Inc. (GSF) will provide services to modify and install the turbines at the Vernon Power Plant. Combined, we have over 40 years of experience with the 570/571 model Rolls-Royce gas turbine installation, commissioning, troubleshooting, and repair, including similar work with other gas turbines from Siemens and General Electric. DCC and GSF have worked with this engine model since 2003, performing worldwide marine and power plant installations.
A) Scope of Work
１) 571KF model Rolls-Royce gas turbines.
a) Perform Semi-Annual visits
b) Borescope and controls inspections
c) Provide two emergency visits
２) COV Responsibilities:
a) Provide spares or consumables as required to complete the turbine inspections.
DC Consulting
5412 Basile Eunice Hwy.
Eunice, LA 70535
USA 3-year maintenance
contract
GSF Services Inc. Proprietary Proposal 22100–1 Rev-0
B) Payment Terms for Scope of Work:
1) Total - $86,650.00 Per Year
3-Year Contract Total -$259,950.00
2) All work shall be organized and pre-approved by COV
3) Any extra work not in the SOW of this contract will be charged at a rate of $150.00 per hour per person plus any expenses.
Terms and Conditions:
１) Payment 30 Days
DCC Consulting Services LLC.
Email: [email protected]
Bank: HANCOCK WHITNEY BANK
Account: 1067397
Swift Code: WHITUS44
ABA Routing Code: 065400153
DCC will invoice COV for each payment amount, as shown in the Payment Terms. ２) Taxes: COV is responsible for paying any local, state, or federal sales, use, or ad valorem tax that might be assessed on DCC Services. DCC will pay any local USA, state, or federal income taxes relating to its Services.
EXHIBIT B
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities.
B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age.
C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class.
D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.
E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law.
City Council Agenda Item Report
Submitted by: Andrew Eguia
Submitting Department: Public Works
Meeting Date: October 18, 2022
SUBJECT
Reject Bids Received for City Contract No. CS-1486 North Parking Security Fencing Recommendation:
Reject all bids for City Contract No. CS-1486 to furnish and deliver security fencing to City Hall’s parking structure, due to a lack of competitive bidders to compare bid prices since the total amount is significantly over the Engineer’s estimate.
Background:
The North Parking Security Fencing project consists of furnishing and installing 8-ft high fencing, vehicle access gates, pedestrian access gates, and staircase enclosures for City Hall’s parking structure.
On August 18, 2022, the Public Works Department advertised the Notice Inviting Bids (NIB) for CS-1486 North Parking Security Fencing (Project). The NIB was posted on the City’s PlanetBids website and published in a local newspaper. The bids for the Project were received and opened on September 26, 2022. The calculated results were as follows:
1. Perimeter Security Group $420,769.11
The engineer’s estimate ranged from $265,000 to $290,000. Based on the lone bid received totaling $130,789.11 over the estimate and no other bids received to compare prices, staff recommends the rejection of the proposed bid. Staff is evaluating the current scope of work to be published again for bidding at a later date.
Fiscal Impact:
There is no fiscal impact associated with this report.
Attachments:
None.
City Council Agenda Item Report
Submitted by: Adriana Ramos
Submitting Department: Public Utilities
Meeting Date: October 18, 2022
SUBJECT
Purchase Order with Donaldson Company, Inc.
Recommendation:
Approve the issuance of a Purchase Order with Donaldson, in an amount not-to-exceed $104,872.80, for the purchase and delivery of combustion turbine air inlet filters needed at the Malburg Generating Station.
Background:
The Vernon Public Utilities (VPU) Malburg Generating Station (MGS) uses high-efficiency particulate filtration to remove impurities from incoming combustion air to the combustion turbines (CTs), much like the air filter in an automobile. The replacement of these filters is based on a condition-based analysis, which measures efficiency loss over the life of the filters.
Recent testing of these air inlet filters indicates they will likely be due for replacement by the Fall of 2022. Failure to properly filter incoming air has been linked to catastrophic turbine failures in the past. Air filtration is paramount not just for efficiency but also for the continued operational reliability of the CTs. Air inlet filters degrade over time as airborne particulates imbed and plug the filtration system resulting in the reduction of CT efficiency. Subsequently, when the filtration system is not working at its optimal level, MGS burns more fuel which causes the CT to move toward a differential pressure setpoint across the inlet/outlet of the air inlet filter, resulting in a significant reduction of output or shut down of the CT.
MGS has operated with three different mainstream air inlet filter brands installed over the past seven years (GORE, American Air Filter, and Donaldson). During this period, operating data was collected on each brand, specifically measuring the efficiency analysis and lifespan.
Donaldson is not only sold at a lower price but has proven to outlast the other competitors from a factor of as much as three to one. A fourth competitor, Camfil Farr, wanted to compete for business at MGS and utilized an instrumented test trailer on site to compare their filters against Gore, American Air Filter, and Donaldson. The testing process was led by the Plant Engineer at MGS. The test results showed that the Donaldson air inlet filter was the leading performer for both efficiency and longevity compared to the other brands. With over 100 years of experience, Donaldson is one of the largest providers of unique filtration technologies and high-quality air inlet filters and parts and has been the sole supplier of combustion turbine inlet filters to MGS for years based on filter performance. Staff recommends Donaldson provide the necessary CT air inlet filters, as this will ensure the same high level of performance continues at the power plant.
The proposed Purchase Order with Donaldson is exempt from competitive bidding and competitive selection pursuant to Sections 3.32.110 (A)(5) (b) of the Vernon Municipal Code (VMC), respectively, as the equipment can be purchased under the same prices, terms and conditions as in a previous award from the City through a negotiated process and, in the opinion of the Finance Director, it is to the advantage of the City to do so. Air inlet filters from Donaldson are of superior quality, lasting on average about 24 months in comparison to other filters that only last up to 12 months, which will result in cost savings for the City. While air inlet filter performance and cycles are generally driven by local air quality, which can vary significantly depending on projects affecting the air quality surrounding the power plant, Donaldson’s air inlet filters continuously provide outstanding lasting performance.
Staff recommends approval of a Purchase Order with Donaldson, in an amount not to exceed $104,872.80, for the proposed purchase of the CT air inlet filters needed at MGS, as Donaldson’s products continuously prove superior in performance while also providing the least cost solution.
Fiscal Impact:
Sufficient funds for the proposed supplemental are available in the VPU Electric Fund, Malburg Generating Station Repairs and Maintenance Account No. 055.9190.590000.
Attachments:
1. Donaldson Company, Inc. - Quote
Donaldson Company, Inc.
PO Box 1299, M.S. 445
Minneapolis, MN 55440
Quotation To:
Vernon Malburg Generating Station
4963 South Soto Street
Vernon, CA 90058
Contact: Adriano Marki
Quote # QUO-114583-Q0H4M Revision: 1 Date: 8/25/2022
Quote Reference: W 220603 AW City of Vernon Unit 1 Filters Currency: US Dollar Salesperson: Allyse Wilcox
No Quantity Item Part Description Net Price Ext. Price
1. 160 P039355-016-190 CYLINDRICAL ER5W5P1 W/O PREFILTER 26”L G60 $212.00 $33,920.00
2. 160 P039356-016-190 CONICAL ER5W5P1 W/O PREFILTER 26”L G60 $271.00 $43,360.00
3. 160 P039859-016-700 PREFILTER SOCK, TURBO TEK $69.00 $11,040.00
4. 001 Tax $9,052.80 $9,052.80
5. 001 Freight $7,500.00 $7,500.00
Total:
$104,872.80
Price does not include freight cost or taxes, unless stated above.
Comments:
Unless you have an agreement signed by an authorized representative of Donaldson, this order is expressly limited to and conditioned upon customer's acceptance of Donaldson's Terms of Sale ("Terms"), a current copy of which is located at termsofsale.donaldson.com. These Terms are incorporated herein by reference. By placing and/or paying for an order, Customer accepts these Terms. If you need a reprint of the Terms in place at the time of Order, please contact us.
Lead Time: 8 weeks
FCA: Origin
Freight: Prepay & Add
Terms: Net 30
The prices quoted are valid for the products listed, when the Country of Ultimate Destination is U.S.A. or Canada. If the Country of Ultimate Destination is not U.S.A. or Canada, this quotation is invalid and Donaldson reserves the right to cancel any orders that will ultimately ship outside of U.S.A. or Canada.
If you have any questions or would like to place an order, please contact me directly at +1 952 8873590, toll-free at 800-431- 0555, or by fax at 952-703-4712. Thank you for your consideration. We look forward to serving you.
This quotation is subject to the Donaldson Company Inc. Gas Turbine Systems Standard Terms and Conditions, which are attached.
Any order discrepancy must be reported within 30 days after receipt of merchandise.
Quote valid until 7/3/2022.
Yours sincerely,
Allyse Wilcox
Donaldson GTS
Gas Turbine Systems
[email protected]
www.donaldson.com Phone: +1 952 8873590
Mobile: +1 612 2704887